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HEALTH CARE Blue Cross A dead end Blue Shield of Many property MAP ACT TIMELINE N.C. removes PAGE 12: A detailed account of owners, trapped the history of the Map Act, from 1987 to today. Stokes hospital by Map Act, are from network ians, waiting years for a check. still waiting to “I feel trapped,” Cindy said. BY KARI TRAVIS “Like this is the only area where we be paid can be.” Shawn bought the house in he state’s largest health insur- 2002. His real estate agent knew ance company is removing a KARI TRAVIS about the Map Act restrictions but community hospital in Stokes ASSOCIATE EDITOR insisted it wouldn’t be a problem. County from its network after an al- He believed the agent and paid Tleged scheme to score millions in in- LINDSAY MARCHELLO roughly $110,000 for the property, surance revenue. ASSOCIATE EDITOR which then was in an up-and-com- The move is effective Aug. 21. ing neighborhood. LifeBrite Community Hospital of He regrets the decision. Stokes took over Pioneer Commu- Because many of the surround- nity Hospital in 2017 and has since hawn and Cindy Weeks would ing properties are condemned un- taken in 22,000 percent more in lab like nothing more than to der the Map Act, the neighborhood billing revenue than its predecessor, move. has declined, Shawn told Carolina Blue Cross Blue Shield of North Car- They’ve outgrown their house, Journal. Earlier this year, the Weeks olina says. Son a quarter acre in Winston-Sa- house was targeted for a break-in. While under Pioneer manage- lem, but can’t find a buyer. Important papers and valuables ment, the facility billed an aver- It comes down, really, to one were taken, but it could have been age of $37,400 a month for tests. law, which removed basic property worse, Shawn said. To date, LifeBrite has pulled in a rights and left homeowners in real Still, the family feels unsafe in monthly average of $8.5 million for estate purgatory. its own home. the same services. The couple’s property is in the To make matters worse, their On Dec. 27, 2016, a federal bank- path of a roadway planned under 3-year-old son can’t play outside. ruptcy judge approved purchase of the Map Act, a 1987 law that al- Nearby houses were demolished, operations for the Stokes hospital lowed the state to take private land but the debris remains. for $400,000 by LifeBrite Hospital that fell inside planned roadway “I don’t want my son running Management Co., the Winston-Sa- corridors. The law was designed to around and getting cut by a piece of lem Journal has reported. The com- keep down state government costs. glass or steel that they left behind,” pany is an affiliate of LifeBrite Hos- But there was a catch. The N.C. Cindy said. pital Group LLC of Lilburn, Georgia, Department of Transportation In any other circumstance, they “LifeBrite has engaged in a wasn’t required to pay landowners would move. But no one wants to fraudulent scheme to enrich itself until the road projects were under buy a house that eventually will be- at Blue Cross NC’s expense by bill- way. come a pile of bricks. ing for laboratory services that were Decades later, many still aren’t. Chuck Watts, general coun- not payable, were fraudulent, were That left the Weeks family, and continued PAGE 10 continued PAGE 3 hundreds of other North Carolin-

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A SEA OF RED DESCENDS ON RALEIGH AS TEACHERS ADVOCATE FOR

EDITOR-IN-CHIEF MORE EDUCATION Rick Henderson FUNDING @deregulator On May 16, thousands of MANAGING EDITOR teachers and public education John Trump advocates descended on @stillnbarrel the General Assembly for EXECUTIVE EDITOR the March for Students and Don Carrington Rally for Respect. The N.C. [email protected] Association of Educators’ rally drew upwards of 19,000 ASSOCIATE EDITORS marchers advocating for higher Mitch Kokai teacher and principal pay, @mitchkokai more educational funding, and Lindsay Marchello safer schools. @LynnMarch007 Kari Travis Forty school districts closed @karilynntravis to roughly a million students so teachers could take the Dan Way day off to participate in the @danway_carolina rally. Donning red T-shirts and DESIGNER protest signs, marchers flooded Greg de Deugd the Legislative Building to air @gdedeugd their grievances, mostly toward Republicans. Several teachers PUBLISHED BY were removed from the gallery for causing a disruption during session, but others engaged with lawmakers without issue.

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To subscribe, call 919-828-3876. Readers also can request Carolina Journal Weekly Report, delivered each weekend by e-mail, or visit CarolinaJournal.com for news, links, and exclusive content updated each weekday. Those interested in educa- tion, economics, higher education, health care or local government also can ask to receive weekly e-letters CARRINGTON DON BY PHOTOS CJ covering these issues. CAROLINA JOURNAL // JUNE 2018 3 QUICK TAKES Bissette hands reins of UNC Board of Governors to businessman Smith

Outgoing chairman leaves top slot on UNC board during emotional meeting

BY KARI TRAVIS

tay in your lanes and keep pushing forward, the outgoing chairman of the University of North Carolina’s Board of Governors Ssaid during an unusually emotional meeting to elect new board officers. Lou Bissette, an Asheville attor- ney and the BOG’s outgoing leader, delivered a bittersweet speech be- fore the board May 24, making way for Chairman-Elect Harry Smith, who will assume the role in July. Members Randall Ramsey and Pearl Burris-Floyd also were elected as the board’s vice chairman and sec- RURAL HOSPITALS ARE ENDANGERED. Eighty-three rural hospitals have retary, respectively. All three mem- closed since 2010. SYSTEM CAROLINA NORTH OF UNIVERSITY THE OF COURTESY PHOTO bers ran unopposed and received NEW CHAIR. UNC Board of Governors Chairman-Elect Harry Smith unanimous support. Bissette teared up while thank- ing BOG members for their dedica- is one of many such scenarios play- tion and hard work. His colleagues BLUE CROSS ing out across the United States. responded with a standing ovation. Company of Raleigh. The bidding Rural hospitals are endangered. The scene was a far cry from the Spellings’ process was unfair and didn’t allow other bids, the suit alleges. continued from PAGE 1 Eighty-three have closed since board’s previous transfer of leader- 2010, a CBS investigation shows. ship. presidency, and The allegations are false, Smith Insurance companies, in an attempt Bissette led the board for near- UNC’s strategic stated. He and Allison were simply in violation of Blue Cross NC’s con- to rescue local health care, reim- ly three years, weathering protests advising NCCU to get the best deal, tracts with LifeBrite, and were oth- burse community hospitals at high- and politics, and riding out contro- plan for university he said. erwise unlawful,” Blue Cross stated er rates. The action has been a mag- versies he inherited from former success, highlight The lawsuit was filed by Ben- in legal claims filed May 16. net for money schemes. To date, in- BOG Chairman John Fennebresque. jamin Durant, NCCU’s former vice The company is seeking “com- surance companies have paid near- In late 2015, Fennebresque shook the legacy Bissette chancellor for administration and pensation for the injuries it has in- ly a half billion dollars in fraudulent up BOG members and state legisla- hopes he will leave, finance. Durant was fired in Janu- curred because of LifeBrite’s con- billing charges. tors when he acted unilaterally to he told reporters. ary. duct,” the claims say. “In addition, In Stokes County, LifeBrite, be- recruit now-UNC System President In 2016, Smith discussed a po- Blue Cross NC seeks punitive dam- tween August 2017 and April 2018, Margaret Spellings. His actions al- tential investment partnership ages and injunctive relief prohibit- billed an average of 67,000 lab tests so triggered uproar among universi- with East Carolina University, pro- ing LifeBrite from further perpetrat- through its hospital, BCBSNC says. ty administrators, faculty, and stu- Law. posing to buy an apartment com- ing its scheme.” That tab totaled 525,000 tests and dents. The goal was to rebuild trust plex near the university. The deal “We disagree with the deci- a total cost of $74 million. In con- Fennebresque resigned immedi- and enact the best policies for the didn’t come together, and Smith lat- sion by Blue Cross Blue Shield of trast, Pioneer billed a monthly av- ately after Spellings was elected to university, Bissette said. er said “the optics are terrible,” due North Carolina,” LifeBrite spokes- erage of 267 between January 2015 UNC’s highest office. When Bissette Spellings’ presidency, and to the appearance of a conflict of in- woman Sarah Mann told Carolina and January 2017. stepped to the helm, the board was UNC’s strategic plan for university terest. Journal. “It appears that Blue Cross Danbury, the hospital’s locale, reeling, facing public accusations of success, highlight the legacy Bis- “In hindsight, it wasn’t even a has failed to take into account the had a population of 189 residents in scheming and secrecy. Faculty and sette hopes he will leave, he told re- good idea to have the conversation. role LifeBrite plays in providing 2010. About 98 percent of the tests student protests — some disruptive porters. That was a regrettable mistake by high-quality health care to resi- billed through the Stokes Coun- and violent — followed. Smith, who has served as the me,” he told the Raleigh News and dents of Stokes and surrounding ar- ty hospital were for people living Unlike Fennebresque, who al- board’s vice chairman, was not Observer. “I learned a valuable les- eas. We believe the decision reflects outside North Carolina, Blue Cross lowed little discussion during tight- available for questioning after the son from it, but I didn’t do anything a fundamental misunderstand- said. ly scripted meetings, Bissette wel- May 24 meeting. malicious. … Everything was good ing about who we are and how we In 2017, Empower iHCC Inc., an comed more relaxed, sometimes The Greenville businessman intent.” do business, and we are confident affiliate of the group that owns and rowdy, debates. With the shift came has faced recent allegations that he Smith is energetic with “an in- that our billing practices are lawful, operates LifeBrite, tried to acquire some slip-ups. During Bissette’s tried to manipulate a development credibly good mind,” Bissette said. appropriate, and consistent with the failing Morehead Memorial Hos- first months, the board made some deal at N.C. Central University. A The incoming leader should set pri- LifeBrite’s contract with BCBS of pital in Eden. The deal fell through, procedural mistakes, violating the lawsuit alleges Smith, fellow BOG orities carefully so he can avoid be- North Carolina. We intend to work and UNC Health Care bought the open meetings law and voting in member Darrell Allison, and N.C. ing pulled in multiple directions. with BCBS of North Carolina to ad- facility instead. closed session to raise chancellors’ Central Chancellor Johnson Akinl- Bissette has expressed concern dress any issues in the hopes of Most of the company’s plans al- salaries. eye made a deal to push up to $120 that some board members stray in- continuing our relationship so we low customers to receive covered Legislators later decided the million in student housing con- to university management — not can keep providing vitally needed services from out-of-network pro- misstep was a mistake, and Bissette tracts to a Raleigh land developer. the role of UNC’s governing body, health care services to our commu- viders, but customers will typically ensured all members of the board The suit claims Smith was involved he said. nity.” pay higher out-of-pocket costs, the — including him — were well- in the project, and was in secret The focus should be on policy, The situation in Stokes County company said in the release. schooled on the N.C. Open Meetings meetings with the developer, Preiss he said. 4 CAROLINA JOURNAL // JUNE 2018 QUICK TAKES Despite strong charter-school growth, N.C. has many ‘deserts’

harter schools have flourished change the trajectory of a child’s ern parts of the Durham metro, in North Carolina since 2011, life. and the eastern and southwestern when the General Assembly “What we have seen from the parts of the Raleigh metro. removed the statewide cap of 100. evidence is that quality charter The study theorizes that polit- CAlong with the rest of the country, schools now have a strong track re- ical, legal, and fiscal obstacles in- though, that growth has started to cord of boosting student achieve- cluding a lack of access to financial slow. ment and other outcomes for help to build facilities may cause This slowdown may be due low-income kids,” Petrilli said. “We these deserts. Policies restricting to market saturation, as a report have finally seem to have hit on where charters can go and how from the Thomas Fordham Insti- a strategy that works, and so we many open also factor into where tute suggests. Whatever the cause, want to make sure as many low-in- charter schools are built. some areas of high poverty still come kids as possible can benefit Petrilli said it is important to have no charter schools. They’re from it.” make sure policies governing char- called charter school deserts. The study looks at only ele- ter schools don’t limit them to se- A comprehensive study from mentary-grade charter schools. Us- lect areas, preventing charters the Thomas B. Fordham Institute ing census data, researchers iden- from locating where they may be indicates North Carolina has 14 tified areas of middle to high- lev needed most. In North Carolina, charter school deserts, above the els of poverty. Deserts are defined charter schools don’t receive cap- 10.8 average per state. North Caro- as three or more contiguous impov- ital funding from the state and of- lina is among 39 of 42 charter states erished tracts without elementary ten have to find alternative ways to that have at least one desert. charter schools. pay for school facilities, including Mike Petrilli, president of the North Carolina’s charter school direct fundraising. Thomas B. Fordham Institute, deserts are mainly in the Charlotte said the best charter schools can metro area, the western and east- — Lindsay Marchello

Discipline rather than detention needed STATE RANKINGS for many young offenders, experts say N.C. gets top 10

NORTH CAROLINA schools, which now refer more than 40 percent of ranking for positive all offenders in the state’s juvenile justice system, need to stop arrest- ing and charging kids for minor, economic outlook nonviolent offenses, state court and public safety leaders say. Harsh, aimless punishment on- orth Carolina was sev- ing to offer the most pro-growth ly pushes delinquent students fur- enth-best among states tax climate,” Rep. Jason Saine, ther into patterns leading to adult for its economic out- R-Lincoln, and the national crime, said Judge Julius Corpen- look, says the 2018 edition of the chair of ALEC, said in a press re- ing, chief judge for North Carolina’s NAmerican Legislative Exchange lease. “When states compete on 5th Judicial District. A judge for 27 Council’s Rich States, Poor States. the merits of good public policy, years, Corpening has seen many kids ALEC, a nonpartisan mem- ultimately the taxpayer ends up with troubled home lives and mental bership organization of state being the real winner.” health issues — most of whom need legislators, has ranked states on North Carolina earned its

discipline, not detention, he said. TRAVIS KARI BY PHOTO CJ economic outlook and perfor- lowest score — 26th — on eco- A new state law is scratching JUDGE JULIUS CORPENING. Workshop co-sponsored by North Carolina’s mance for 11 years. Due to what nomic outlook in 2011, and its out the “tough on crime” formula in judicial branch and Department of Public Safety discusses benefits of taking ALEC calls a record of substan- highest score in 2016 — second. favor of a more parental approach. a more parental approach to troubled kids to keep them out of prison as tive pro-growth tax cuts, North The Tar Heel State fell from In June 2017, the N.C. legisla- adults. Carolina made the top 10 list — third in 2017 to seventh in 2018, ture passed House Bill 280, legisla- along with Utah, Idaho, and In- as other states made more sub- tion to raise the age for juvenile of- likely to become involved with Office of the Courts was sched- diana. New York, Vermont, Il- stantive reforms this year. fenders. The law, which kicks in De- the courts, said LaToya Powell, uled to release a set of guidelines linois, and California landed at Legislators passed tax cuts cember 2019, pushes the juvenile assistant legal counsel for the to help all counties form SJPs. the bottom. in the state budget bill (Sen- age limit to 18 for those who com- N.C. judicial branch. By divert- School fights and squabbles North Carolina didn’t reach ate Bill 257), but the cuts won’t mit low-level, nonviolent offenses. ing kids from juvenile courts, the top the list of most common of- the top 10 for economic perfor- fully go into effect until 2019. Juveniles 16 and older now are tried state is saving taxpayers mon- fenses, said William Lassiter, mance, but it was close at 11th. These cuts include reducing in North Carolina as adults, even ey and probably preventing them North Carolina’s deputy commis- The economic performance in- the corporate income tax from 3 for the most minor offenses. from entering adult lockup later, sioner of juvenile justice. Disor- dex looks at a state’s ranking percent to 2.5 percent and low- Another part of H.B. 280 estab- Powell said. derly conduct — such as disrupt- in state gross domestic prod- ering the individual income tax lished School Justice Partnerships, Of roughly 37,000 prisoners in ing a class — comes in second. uct, absolute domestic migra- rate from nearly 5.5 percent to a program connecting families, North Carolina, about 17,500 nev- Mental health services, family tion, and nonfarm payroll em- 5.25 percent. The bill also re- schools, social services, law enforc- er earned a high school diploma, counseling, and “tough love” pun- ployment. moved the mill machinery tax ers, judges, and mental health ex- DPS data show. ishments are better ways to han- While the economic perfor- and reduced the franchise tax perts to keep kids out of the court New Hanover County has fos- dle the issue, Corpening said. mance index looks to the past, on small businesses. system. tered the state’s first SJP under “We know that traumatized the economic outlook index Other variables contributing Experts and practitioners dis- Corpening’s leadership. Since the people traumatize people. We looks to the potential impact to the state’s economic outlook cussed the likely impacts of the program’s inception, the district must return to discipline, like par- of tax rates, regulatory burden, ranking include its status as a law April 25 in Cary. The forum was has seen school-based referrals ents.” and labor policies. right-to-work state and it hav- co-sponsored by the state’s judicial decrease by 47 percent. “The shakeup in rankings ing no inheritance or estate tax. branch and the Department of Pub- Brunswick, Greene, Lenoir, and — Kari Travis is exciting and a testament to lic Safety. Wayne counties have followed how states are always compet- — Lindsay Marchello High school dropouts are more suit. In May, the Administrative CAROLINA JOURNAL // JUNE 2018 5 QUICK TAKES BCBS paying school lunch debt in Piedmont area

lue Cross Blue Shield of North es and aren’t enrolled in the child nu- ways plans in advance for meal plan Carolina, the state’s larg- trition program. debts. est health insurance provid- The amount of debt ranges Terry Stoops, vice president of er, is giving $159,000 to five coun- from district to district. Rocking- research and director of education Bties to cut debt in their school lunch ham County Schools reported about studies at the John Locke Founda- programs. School districts in Ala- $12,000 in unpaid school lunch- tion, said school nutrition programs mance, Guilford, Forsyth, Rocking- es; Winston-Salem/Forsyth Coun- share qualities with businesses de- ham, and Davidson counties will ty Schools, about spite being heavily get the money. $15,250. Those num- regulated. “Blue Cross NC’s mission to im- bers are subject to “Like all busi- prove the health and well-being of change before the Like all busi- nesses, school nu- our state starts with our children,” end of the school nesses, school trition operations said Blue Cross NC Director of Com- year as debt is paid have a responsibil- munity Relations Cheryl Parquet in off. nutrition oper- ity to manage the a news release. “Right now we ations have a accumulation of The donation is part of BCBSNC’s have 59 percent of responsibility customer debt and annual giving and won’t affect pre- the district on free to manage the address debt col- miums. The payments will occur by and reduced lunch lection, prefera- the end of the school year when the programs, so this accumulation bly focusing on the debt tally is final. debt is accrued from of customer adults responsible North Carolina has the sev- those who are either debt. for providing funds enth-largest school nutrition pro- just outside that for the purchase gram in the country, with nearly 60 qualification but still - Terry Stoops of school meals,” percent of students in public schools can’t pay, turned pa- John Locke Stoops said. to monitor reporting and fraud that ulated and government-subsidized eligible for free or reduced-price perwork in late and Foundation NSLP is intend- can result from it. enterprises, school nutrition pro- lunch. The federal government re- accrued debt before ed for low-income School districts are allowed to grams are businesses that need to imburses a good chunk of school they qualified for families at or be- audit the program, but the federal generate sufficient revenue to pay meal funding through the Nation- free lunch, or those low 185 percent of government requires they use on- employees and purchase equip- al School Lunch Program. In 2017, students whose families just do not the federal poverty level. Parents ly 3 percent of all approved appli- ment, food, and supplies,” Stoops the federal government reimbursed pay for whatever reason,” Brent or guardians are required only to cations. Households that have an- said. “Unfortunately, most people the state $387,928,245 for providing Campbell, WSFCS chief marketing self-report their income on applica- nual earnings within $1,200 of the don’t think of school nutrition pro- more than 140 million lunches. and communications officer, said. tions without providing any proof of income eligibility limitation are grams in these terms. And therein School districts typically incur If parents don’t pay the balanc- earnings. looked at first because they’re the lies the problem.” school lunch debts when parents es, the school district covers the Carolina Journal has reported ex- most likely to make a mistake. fail to pay for their children’s lunch- cost. Campbell said the district al- tensively on school districts’ failure “Although they are heavily reg- — Lindsay Marchello FCC chairman visits N.C. high school to celebrate connectivity

FEDERAL Communications Com- classroom connected to broadband mission Chairman Ajit Pai visited by 2022, but Forest wanted to get Graham High School to recognize there sooner. North Carolina’s recent technolog- “I said, ‘What do we have to do ical achievement. N.C. is the first to speed this process up?’” Forest and only state with broadband ac- said. “Really, the equation amount- cess in every single classroom. ed to money and manpower.” “As we enter a digital economy, North Carolina reached the goal we want our students to be able to with help from the FCC and pub- have the tools necessary to com- lic-private partnerships with the pete, and, increasingly, that means Friday Institute, MCNC, and other access to the internet,” Pai said agencies. The FCC contributed $65 during the May 22 visit. million to the endeavor. Joining Pai were Lt. Gov. Dan The job isn’t done just because Forest; State Superintendent Mark every K-12 classroom has access to Johnson; Alamance-Burlington Su- broadband. Johnson said he would perintendent William Harrison; continue working on a comput- Rep. Stephen Ross, R-Alamance; er science plan to help prepare stu- Sen. Rick Gunn, R-Alamance; and dents for a job in that field. Rep. Dennis Riddell, R-Alamance. “There are over 18,000 jobs here The achievement is long in com- in North Carolina right now that ing. In 2002, the General Assem- are open in the field of computer bly created the Business Education science,” Johnson said. “The lieu- Technology Alliance to determine tenant governor and I are looking how best to integrate technology for a way to connect every student into public education. Former Gov. to those opportunities, and having Bev Perdue led that commission. high-speed internet in the class- It wasn’t until 2007 that the room will help with that endeavor.” School Connectivity Initiative was Connectivity was one of the created to connect every school dis- easier parts of moving the initiative trict to broadband access with help forward, Forest said. Data manage- from the Friday Institute. The Gen- ment, teacher training, and inte- MARCHELLO LINDSAY BY PHOTO CJ NORTH CAROLINA SCHOOL CONNECTIVITY. Federal Communications Commission Chair Ajit Pai, joined by Lt. Gov. eral Assembly allocated $12 million grating technology into school cur- Dan Forest and Sen. Rick Gunn, R-Alamance, talks about the future of digital learning at Graham High School. for the initiative, but eventually the riculums are part of future efforts. pot grew to $32 million. The goal was to have every — Lindsay Marchello 6 CAROLINA JOURNAL // JUNE 2018 QUICK TAKES State treasurer looks to State pension returns flat during save $1 billion by reducing medical provider rates first three months of 2018 RETURNS ON state pension fund and State Employees’ Retirement tate Treasurer Dale Folwell has lowering family premiums. investments were flat for the first Systems and the Local Governmen- placed a number on a mon- “Our family premium is unafford- quarter of 2018. That triggered a tal Employees’ Retirement Systems ey-saving change he has talked able for most beginning teachers, warning by state Treasurer Dale Fol- lowered the plan’s assumed rate of about since taking office — $1 billion. troopers, correction officers, DOT well about long-term pension stabil- return from 7.2 percent to 7 percent. SThat’s how much savings might workers, and other kinds of state ity. The lower rate more accurately be generated by a 15 percent re- employees,” Folwell said in Octo- Folwell blamed the 0.2 percent reflects actual gains. Lawmakers duction in medical provider rates ber. Generally speaking, the fami- gain for the three months ending then can decide how much state Folwell directed Blue Cross and ly premium amounts to five days’ March 31 largely on a volatile stock money is needed to keep the plan Blue Shield of North Carolina to monthly pay for entry-level state market. His department manages fully funded. make. The insurer is a third-party employees. the nearly $100 billion N.C. Retire- The Treasurer’s Department re- administrator of the State Health Folwell said then that negotiating ment Systems. leased details May 3, showing the Plan. It processes claims, arrang- lower insurance rates would help to “Our investment team has done a General Assembly would need to es a network of medical providers, attract more younger, healthier peo- great job during a difficult first quar- Those types of spend about $276 million more and establishes payment rates. Its ple to enroll in the State Health Plan, ter,” Folwell said in a news release. outflows without during the next four years to make contract was renewed in September thus increasing its financial stability. “However, the fact remains that we earnings are up for the lower return on invest- and runs through 2021. Some of the projected savings spent more than $1.5 billion gross in ment. The Treasurer’s Department over- would help to narrow the gap in benefits payments while producing unsustainable in the TSERS would need $18.7 million sees the State Health Plan and pays long-term health care liabilities. little in investment gains. Those long term. in fiscal year 2019, $38.5 million claims with taxpayer funds. In 2017 “We have a $34 billion unfunded types of outflows without earnings in 2020, $82.5 million in 2021, and the plan spent $2.5 billion to doctors health care liability for retiree cov- are unsustainable in the long term.” - State Treasurer Dale Folwell $129.2 million in 2022. Spending and health care systems providing erage that has been growing for 40 Folwell said pension plan invest- on LGERS would need to go up $0.5 services to more than 550,000 teach- years,” Folwell said in February. ments had a strong 2017. Echoing million in fiscal year 2021 and $6.3 ers, state employees, non-Medicare The State Health Plan is North comments he made to reporters million in 2022. retirees, and their dependents. Carolina’s largest purchaser of med- on his monthly Ask Me Anything 900,000 teachers, firefighters, police Since taking office Folwell has In a press release issued May 14, ical and pharmaceutical services. teleconference May 1, Folwell said officers, state and local government slashed $76 million in fees to out- Folwell said the reductions could Folwell has made it clear in past gains have not met assumed rates employees, and other public work- side investment managers. generate some $300 million a year, comments that its size and volume of return on average over the past ers. It is one of the five best-funded He projects a $300 million sav- potentially totaling close to $1 bil- have not been used as leverage to 20 years. plans in the nation. ings over four years — three times lion over the next three years. achieve better contracts and drive He told reporters the pension plan But it remains underfunded, and the pledge he made during his cam- The savings would be plugged down medical costs. is paying out $500 million in month- Folwell has been pushing to reduce paign. into an area Folwell repeatedly has ly benefits. The Retirement Sys- long-term shortfalls. Recently the warned is in need of attention — — Dan Way tems program manages benefits for boards of trustees for the Teachers’

POLITICS • SCHOOLS • GROWTH • TAXES • HEALTH TRANSPORTATION • BUSINESS • THE ENVIRONMENT North Carolina’s longest running TV talk show SPINs again! WATCH NC SPIN EVERY WEEK FOR A FULL, ALL-POINTS DISCUSSION OF ISSUES IMPORTANT TO THE STATE.

FRIDAYS AT 7:30 P.M. ON UNC-TV RADIO BROADCASTS Chapel Hill, WCHL-AM 1360, Sunday 6 pm WITH REBROADCASTS ON UNC-TV SUNDAY AT 12:30 P.M., AND Goldsboro, WGBR-AM 1150, Sunday 4 pm Greenville, WTIB-FM 94.3, Sunday 9:30 am ON UNC’S NORTH CAROLINA CHANNEL FRIDAY AT 10 P.M., Jacksonville, WJNC-AM 1240, Sunday 10 am Laurinburg, WLNC-AM 1300, Sunday 10 am SATURDAY AT 4 P.M., AND SUNDAY AT 10 A.M. Morehead City, WTKF-FM 107.1, Sunday 10 am Rocky Mount, WEED-AM 1390, Sunday, 9:30 am Sanford, WWGP-AM 1050, Sunday 7:30 am Smithfield, WTSB-AM 1090, Sunday 7:06 am Statesville, WAME-AM 550, Sunday 5:30 am Valdese, WSVM-AM 1490, Monday 6 pm Wanchese, WYND-FM 97.1, Sunday 7:30 am HOST: Wilmington, WAAV-AM 980, Sunday 5:30 pm TOM CAMPBELL ALSO ONLINE AT NCSPIN.COM CAROLINA JOURNAL // JUNE 2018 7 QUICK TAKES U.S. Reps. Hudson, Budd highlight concerns with human trafficking STATE AND FEDERAL leaders are taking steps to rescue victims of hu- man trafficking, but unless lawmak- ers increase support for survivors’ care and rehabilitation, those efforts will be thwarted, a group of North Carolina experts say. U.S. Reps. Richard Hudson, R-8th District, and Ted Budd, R-13th Dis- trict, talked at length May 2 with a group of 13 community, nonprofit, and law enforcement officials. The discussion, which centered on North Carolina’s rank in the top 10 states Salisbury voters for human trafficking, was propelled by the April 11 enactment of the Fight Online Sex Trafficking Act, a

law that blocks advertising websites TRAVIS KARI BY PHOTO CJ approve leasing Fibrant from the “promotion or facilitation HUMAN TRAFFICKING. U.S. Reps. Richard Hudson and Ted Budd of North of prostitution.” Carolina host a May 2, 2018, roundtable to discuss human trafficking issues. That legislation received mixed broadband to Hotwire reviews, with some organizations, such as the American Civil Liber- Those improvements are tre- influence of drugs. Stockholm syn- ties Union, claiming it might muz- mendous, but unless escaped vic- drome and distrust of law enforce- n overwhelming 81 per- 30 percent of city residents. The zle free speech. Reason, a libertari- tims have somewhere to go, the cy- ment also prevent women and men cent of voters in Salisbury shortfall caused the city to borrow an policy magazine, protested that cle will continue, said Carla Twed- from seeking escape, said James said on May 8 that the city money from its water and sewer the bill would harm the welfare of dale, founder and president of Lily Chavis, Kannapolis chief of police. should lease its Fibrant broadband reserves for operating expenses. voluntary sex workers who depend Pad Haven, a Charlotte-based non- More than 70 percent of cases Aservice to Hotwire Communica- The city has been losing about $3 on Backpage to screen and regulate profit that provides housing and re- involve sex slavery, NHTH reports. tions. million per year operating Fibrant. their clientele. hab for survivors. The nation’s top two trafficking The unofficial vote was 2,602 to Between the initial bond and the Those claims are bogus, Hudson “The level of care that a traf- venues are hotels and massage par- 590. loan from the reserve, Salisbury told Carolina Journal. ficking survivor needs is different lors. Online ads, such as those for- As Carolina Journal reported, borrowed around $40 million for Fi- “There is no such thing,” he said. than any other population we see,” merly featured on Backpage, which the proposed lease would go for brant and still owes about $32 mil- “There’s no one that’s involved in Tweddale said. the FBI has seized, and Craigslist, 20 years beginning July 1, with lion. That’s because revenue from sex trade that is voluntarily there. North Carolina confirmed 221 are the third-highest resource for Hotwire paying back the city a per- Fibrant has been so meager that Everyone has been coerced in some cases of trafficking in 2017, making traffickers. centage of its revenue from its in- for many years Salisbury was just way. It’s not a victimless crime.” it the eighth-worst state for modern In 2017, North Carolina lawmak- ternet, video, and phone services. paying the interest on the loans FOSTA criminalizes “reckless slavery in the U.S., data from the ers passed legislation to regulate Fibrant has been a financial and not the principal. disregard of sex trafficking.” Pun- National Human Trafficking Ho- massage parlors and publicize the drain on Salisbury taxpayers since “The Hotwire lease will not re- ishments include fines and prison tline show. In 2016, the state iden- NHTH phone number. Some law- its construction. Legacy providers verse Salisbury’s Fibrant situation terms of anywhere between 10 and tified 181 cases, putting it in 10th makers pushed a move to fund survi- AT&T and Time Warner reduced immediately, but it gets the pro- 25 years. place. vor care centers and increase public their rates after Fibrant began op- cess going,” says an editorial in the The federal government has The actual population of victims education on the issue, but the bill erations in 2008, which led to the Salisbury Post. seen an 87 percent drop in web- is likely much higher, said Twed- gained little traction. municipal broadband network based trafficking ads since the bill dale. Those who are trafficked rare- never meeting subscriber goals of — Staff reports passed Congress, Hudson said. ly self-report. Many are under the — Kari Travis

NORTH CAROLINA

BUDGET IN PICTURES ONLINE NOW AT JOHNLOCKE.ORG www.johnlocke.org/research/north-carolina-budget-in-pictures-fy2017-18/

A visual exploration of the current N.C. budget: How does state government get its money? How does it use that money? How has that changed over time? And how might that change in the future? 8 CAROLINA JOURNAL // JUNE 2018 ENERGY & ENVIRONMENT Ohio bank claims 100 percent renewable power from N.C. solar project

BY DON CARRINGTON He said the bank’s contract let SunEnergy1 get a loan to build the hio-based Fifth Third Bank project. Any profit or loss the bank claimed in a March press re- makes from the energy transac- lease it’s the “first Fortune tions is confidential, Hassell said. 500 company and first bank to con- “We have taken the risk in the Otract for 100 percent renewable short run and long run to say we power through a single new proj- are using green energy.” ect.” The project is a $200 million, Other renewable claims 80-megawatt solar facility slat- ed for a 1,600-acre site in Herftord County. Major companies began an- But when questioned by Caroli- nouncing commitments to renew- na Journal about the claim, a com- able energy in part through the ef- pany official acknowledged the so- forts of the environmental orga- lar facility wouldn’t power any of nization Greenpeace. It called out the bank’s 1,200 locations in 10 Amazon in an April 2014 report states, including North Carolina. Di- about electricity consumption at rector of Sustainability Scott Has- large data centers. sell said the company will “contin- “Among the major cloud pro- ue to consume electricity as we al- viders, only Amazon refuses to pro- ways have.” vide any details on the energy per- Fifth Third’s claims rest on the formance and environmental im- concept that a megawatt hour of re- pact associated with its opera- newable solar electricity generated tions,” the report said. in rural North Carolina can offset a In November 2014, seven megawatt hour produced by tradi- months after the Greenpeace re- tional utilities — from coal, nuclear, port, Amazon Web Services an- natural gas, or other sources — and nounced a “commitment to used at one of the bank’s locations. CARRINGTON DON BY PHOTO achieve 100 percent renewable en- Fifth Third has 55 locations in 33 ergy usage for the global AWS in- North Carolina cities. The Fifth frastructure footprint,” according Third solar farm is about 120 miles Fifth Third’s claims to the company’s website. Amazon from Raleigh — the nearest Fifth fulfills its commitment in part with Third Bank office. rest on the concept the output from the Amazon Wind Fifth Third didn’t come up with that a megawatt hour Farm near Elizabeth City, N.C. this concept on its own. The com- of renewable solar Apple announced on April 9 pany is affiliated with RE100, a pro- that 100 percent of its global fa- gram launched in 2014 sponsored electricity generated cilities are powered by clean en- by the Climate Group and CDP (for- in rural North Carolina ergy. “This achievement includes merly the Carbon Disclosure Proj- can offset a megawatt retail stores, offices, data cen- ect). RE100 is a “collaborative, glob- hour produced by ters, and co-located facilities in 43 al initiative uniting more than 100 countries — including the Unit- influential businesses committed traditional utilities ed States, the United Kingdom, to 100 percent renewable electric- — from coal, nuclear, China and India,” the company’s ity, working to massively increase natural gas, or other press release said. demand for — and delivery of — re- SunEnergy1 initiated the Au- newable energy.” sources — and used lander Holloman Solar project in In 2016, Bank of America joined at one of the bank’s February 2015 when it submitted RE100 and committed to be 100 per- locations. an application to the N.C. Utilities cent renewable by 2020. Wells Fargo Commission. Like all other solar Bank joined RE100 and set a goal to projects, this facility won’t be able PHOTO BY DON CARRINGTON DON BY PHOTO be 100 percent renewable in 2017. FIFTH THIRD BANK. The bank has 1,200 locations in 10 states, including these two in Raleigh. to produce reliable electricity 24 RE100 uses its website and so- hours a day. cial media to urge members to use SunEnergy1 completed anoth- their green claims to prod other er large North Carolina project in companies into joining the offset 2017. Three parties — the Massa- business. A recent post stated: chusetts Institute of Technology, “As a member of RE100, we en- Fifth Third and other companies, North Carolina came from solar fa- enough power to match the bank’s Boston Medical Center, and Post vision a future where renewables including Apple, Google, and Ama- cilities, according to the U.S. Ener- estimated annual energy con- Office Square Redevelopment- Cor are the mainstream choice of elec- zon, make green claims by securing gy Information Administration. Na- sumption. The bank signed a pow- poration — claimed energy from tricity for all global businesses, and power purchase agreements or re- tionwide, solar generation in 2016 er purchase agreement with SunE- the 60-megawatt Summit Farms where corporations are active par- newable energy certificates. They was less than 1 percent. nergy1 to buy all the power at a Solar project in Currituck County ticipants in energy markets and pol- buy “green” power offsets, though The project “powering” Fifth fixed price per megawatt hour. will offset their “carbon footprint.” icy debates.” the energy often is produced far Third, off N.C. 11 in Hertford The bank will resell the power MIT says solar power pur- The goal? “Decarbonization” — from the businesses’ physical loca- County between Ahoskie and Au- to the regional transmission grid. chased from the Currituck facility ending the use of fossil fuels such tions. Companies rely on this con- lander, will be built and operated Prices for the power will fluctuate will equal 40 percent of the insti- as crude oil, natural gas, or coal. cept to project an environmentally by Aulander Holloman Solar LLC, along with the spot energy mar- tute’s current electricity use. “This optimism has led a mo- responsible public image. a subsidiary of Mooresville-based ket. The difference between the Boston Medical and the rede- mentum on climate action which Indeed, Fifth Third’s press re- SunEnergy1. SunEnergy1 is one of energy Fifth Third actually buys velopment group say the Summit has seen businesses leading the lease stated the “initiative affirms the country’s largest solar devel- from local utilities at its locations Farms Solar power will offset 100 way in accelerating the transition our bold commitment to advance en- opers. Fifth Third will buy all the and the power produced in Hert- percent of their electricity use. But to a zero-carbon economy, along- vironmental stewardship on behalf power generated by the project, ford County will be reconciled none of the electricity generated side cities, regions, and national of customers, employees, and share- estimated to be 194,000 megawatt monthly. at Summit Farms Solar will supply governments committing to reduce holders.” hours per year. The bank will get either a energy to those Massachusetts fa- their greenhouse gas emissions,” In 2016, less than 3 percent of Hassell, of Fifth Third, told CJ check or a bill from SunEnergy1 cilities. It will not even be on the the site says. the total electricity generated in the solar project should produce for the difference. electrical grid they use. CAROLINA JOURNAL // JUNE 2018 9 NORTH CAROLINA Burr, Tillis praise Trump during lecture in Raleigh DAN WAY “It was passed when the Back Street Boys were popular and oth of North Carolina’s U.S. hasn’t been updated since then,” senators and a member of Tillis said. its congressional delegation He explained why he sponsored praised President Trump during a bill to protect special counsels Btheir appearance at a conservative from presidential firings. Many as- event in Raleigh. sumed it showed Tillis had a beef U.S. Sens. Richard Burr and with Trump. News reports claimed Thom Tillis and U.S. Rep. David the president considered firing for- Rouzer, R-7th District, all Republi- mer FBI director Robert Mueller, cans, had a united front supporting who is investigating allegations of Trump. collusion between the Trump cam- They spoke May 11 at a 30th paign and Russians. anniversary event of the Jesse Rather, Tillis said, it was de- Helms Center Foundation, titled signed to claw back congressional “Foreign Policy, Trade, and Energy institutional authority. The bill al- Challenges in the Age of Trump.” lows for a special counsel to be “The president has every day fired only by a senior Justice De- been out there talking about mak- partment official for good cause. ing America strong again,” a Tillis said with Democrats so op- theme that began with his 2016 posed to Trump, the climate was presidential campaign, Burr said. ripe to get bipartisan support they “You don’t accomplish the position would be unlikely to give when a of strength by necessarily being Democratic president is in office. the guy that’s liked the most.” “I’m completely convinced that Jesse Helms, North Carolina’s President Trump has no intention late, five-term U.S. senator, used to of removing the special counsel,”

say, “You’re able to use a big stick WAY DAN BY PHOTO Tillis said. He got assurances from because people think you’re bigger PRAISE FOR TRUMP. U.S. Sen. Richard Burr, North Carolina’s senior Republican senator, discusses President Donald the president when he called Tillis than life,” Burr said. “And to some Trump’s CIA nominee, Gina Haspel, and special counsel Robert Mueller’s collusion investigation at the 30th on his cell phone as he was check- degree I think that’s a model that anniversary event of the Jesse Helms Center Foundation. ing out of a home-improvement President Trump’s trying to emu- store last August, just days after late.” the bill was introduced. Trump believes America has restructure NAFTA in a few weeks. the hermit state’s leader, Kim Jong- right to stand up to China’s prac- Tillis said he knows he remains been marginalized on the world “Everybody will claim victory.” un, who released three American tices of intellectual property theft in Trump’s good graces because he stage, Burr said. He said most Americans are un- hostages and pledged to halt nu- and market manipulation. has not been the subject of a presi- “The president wanted to aware the Trump administration is clear missile development. “I appreciate the president’s dential Tweet. change the landscape we negoti- deep into trade negotiations with Burr said he talked with ma- approach … hang tough, and keep The special counsel bill has ated from. He wanted to change the United Kingdom since its with- ny people from both sides of the cool,” Rouzer said. “There’s no lack cleared the Senate Judiciary Com- America back to where we nego- drawal from the European Union. aisle who negotiated the past two of confidence with this president. mittee but has not been taken up tiated from a position of strength, Burr said Trump is a disrup- agreements that failed to keep That’s for sure.” on the floor. whether we were negotiating a tive force whether in trade nego- North Korea from becoming a nu- “The president has a genius Danielle Pletka, vice presi- trade agreement or whether we tiations with China, NAFTA, or clear power. They said Trump’s ap- style that’s working,” Tillis said, dent for foreign and defense poli- were negotiating a security agree- Southeast Asia, or national secu- proach from a position of strength noting the release of the Korean cy studies at the American Enter- ment,” Burr said. rity concerns with NATO, Russia, might be the last, best option at hostages and a recent poll showing prise Institute, said Trump should “It shouldn’t be a surprise to Iran, and North Korea. this point. optimism among the nation’s cor- be applauded for not kicking the anybody that the president imme- His goal is not to harm perma- “Sometimes God uses a blunt porate CEO’s jumping 154 percent can down the road on North Korea diately looked at NAFTA, Korea, nent relations, but to create a play- instrument to make the changes he since the last quarter of the Obama as his predecessors have done. TPP, trade with China, and said, ing field where both sides win and wants,” Rouzer said. But Trump’s presidency. Pletka praised his withdrawal ‘Whoa, wait a minute. We’ve got to develop rules with conditions successor probably will use a scal- He supports Trump pulling out from the Iran nuclear deal and his to change the rules of the road be- that must be followed. pel, he joked. of the Iran nuclear deal and rein- decision to reimpose sanctions. cause we’ve gotten the wrong end Burr said the media castigat- China will be our long-term ad- stating sanctions. “That may not result in the of this. We negotiated a bad deal,’” ed Trump’s hardline dealings with versary, Rouzer said. NAFTA hurt North Carolina’s world loving us … but that re- Burr said. North Korea as a headlong descent “You’ve got to remember China textile industry, but it is an import- quires real leadership,” Pletka said. He believes the Trump admin- into a nuclear confrontation. In- is communist. Their values are not ant trade pact that needed review, “Sometimes leadership doesn’t in- istration will seal an agreement to stead, he planned a summit with our values,” Rouzer said. Trump is Tillis said. volve compromise.”

THIS IS WHAT OPPORTUNITY LOOKS LIKE. Learn more online at: #SchoolChoice www.carolinajournal.com/series/opportunity-scholarships 10 CAROLINA JOURNAL // JUNE 2018 MAP ACT continued from PAGE 1 sel for the DOT, contends proper- ty owners can still sell their land — they are simply restricted from de- veloping or subdividing it. Some people even bought Map Act prop- erty in Map Act zones because they believed they could get a return from the government, Watts said. Hundreds of others, who thought they had no such invest- ment opportunity — Shawn includ- ed — instead took DOT to court. They want DOT to pay for proper- ties taken years ago. The DOT reasoned the restric- tions were temporary and no actual takings were made. Instead, Watts said, all land in Map Act corridors was simply restricted from further development or subdivision. Landowners, and the N.C. Su- preme Court, disagreed. Win- ston-Salem attorney Matthew Bry- ant, of the firm Hendrick Bryant, took the Transportation Depart-

ment to court. On his desk are more TRAVIS KARI BY PHOTO than 400 cases. TARGETED FOR A BREAK-IN. Earlier this year, the Weeks house was broken into, which the family blames on the declining neighborhood. He’s still waiting for most of them to resolve. “The way I equate it … was to imagine the government came in and told you, ‘I want your car, I’m not going to let you drive it, but you still have to pay the insurance on it, and I’ll come around and get it whenever I want to.’” Bryant has a straightforward goal. Get the DOT to pay for the properties it took. That’s not so easy, Watts said. The department, he told CJ, would like nothing more than to ap- praise and buy properties. But ev- ery case is different. DOT may only need to buy portions of some prop- erties as others may be fully ac- quired. “Was the map over the whole property? Was the map over a sliver of the property?” Greer Beatty, DOT communications director, said. “Did the map go through an area that had other restrictions based on zon- ing? Did the map go across a home- owners association that wouldn’t allow you to do anything anyway?” “Each property has to be looked at uniquely.” The department is working through each case in court, a pro- TRAVIS KARI BY PHOTO “GETTING ON WITH IT” ISN’T POSSIBLE. Cindy and Shawn Weeks detail the difficulty of living under the Map Act. cess that so far carries a $3.8 mil- lion price tag in legal fees. DOT has seven law firms on retainer, and there’s no way to project how much Shawn Weeks doesn’t see it that sue, and a sound bite doesn’t real- duce legislation to set a hard dead- who we’re trying to be,” Watts said. DOT will have to spend before the way. “That’s absurd, because I am a ly do it justice,” Beatty said. “Ev- line for DOT. Twenty or 30 years is “We’re trying to be responsible to cases are settled, Watts said. taxpayer. At the end of the day, this erybody has a point of view, and ev- long enough for DOT to take action, taxpayers.” Watts doesn’t deny the price tag is costing us more than it has to. ery point of view is valid. It’s a mat- she said. While DOT sifts through each is large, but says the complexity in DOT is bound to have accountants ter of how do you get to consensus.” “It has been the most horren- case, the Weeks family and oth- caseload should be considered, as on staff. At some point, people have Some legislators are pushing the dous instance of government tak- ers plan for an uncertain future. In well as the ultimate return on in- to say, ‘You are costing us too much DOT to reach that consensus more ing advantage of citizens.” the meantime, they must continue vestment. money. Let’s just get it over with quickly. No one denies the Map Act was living in a house where taxes have “If we have a case where the and get on with it.’” “Long story short, they are not an unjust law, but DOT must bal- grown and conditions have fallen. plaintiffs are demanding $25 mil- “Getting on with it” isn’t possi- moving as quickly as they should. ance the needs of both taxpay- “I think we’re just in a waiting lion, and we get it down to a few ble, Watts said, because the court They are dragging their feet,” said ers and landowners. Rushing the phase. We go on the internet and hundred thousand dollars, that ... rulings hold many uncertainties, state Sen. Joyce Krawiec, R-Forsyth, process will disrupt that balance, look at homes and try to get an idea dwarfs the amount of fees,” Watts and the DOT needs more direction who has been an outspoken critic of Watts told CJ. of what we want. At the end of the said. “That’s the math we are look- from judges. the Map Act. “Are we tired of being paint- day ... we really don’t know how ing at to be good stewards.” “It’s just a very complicated is- Krawiec told CJ she may intro- ed as the big, bad DOT? That’s not long it’s going to take.” CAROLINA JOURNAL // JUNE 2018 11 MAP ACT ‘...like a cloud over our heads’

Highway corridor something,” Raaid Abdel-Ghani, Tawfiq’s eldest son, said. “It was to crushes plans for get back to his farming roots.” family farm It wasn’t long after Tawfiq bought the property that NCDOT came knocking. BY KARI TRAVIS & “During this process, I told LINDSAY MARCHELLO them I need to clear some property to build greenhouses,” Tawfiq said. awfiq Abdel-Ghani had “They told me it was located in the plans to turn his property in- corridor of [Interstate] 540, so you to farmland. He planned to can’t do any permanent structure build some greenhouses, buy a few over this area.” Tchickens, and settle down with his While part of his property was wife, Fayda Abdel-Ghani. Together in the protected corridor, another they would raise their children and part was protected wetland. Taw- live off their land like they did back fiq couldn’t develop his land the in the Middle East. way he wanted. He tried to sell part But the N.C. Department of of the property but couldn't find a Transportation had other plans. buyer. The Abdel-Ghanis’ property is Raaid tried to get relief for in the path of a protected corridor, his father, repeatedly contacting set into place by the 1987 Map Act DOT for more information on the law. Lawmakers have placed a mor- planned road, but he couldn’t get TRAVIS KARI BY PHOTO atorium on the Map Act, but Tawfiq the answers he wanted. STILL WAITING. (From left to right) Raaid, Fayda, and Tawfiq Abdel-Gihani are still waiting for NCDOT to pay them for their property. and his family are still struggling “They would tell us it is a study with its effects. area, and you can’t do anything Tawfiq bought a total of three with it. It was usually a low-lev- lots, the first in 1994 and the others el person. We would ask 'when,' they know.” ment while DOT works on court-or- ty taxes, which are around $4,000 a a year later. His brother-in-law co- and they wouldn’t know. We would DOT still hasn’t paid the Ab- dered appraisals. But time is key for year. owns part of the property. ask 'how,' and they would say they del-Ghani family for the property, Tawfiq and his family. “It eats him up because he “This was an investment and don’t know,” Raaid said. “It was which the N.C. Supreme Court lat- Tawfiq lives on a fixed income doesn’t want us to carry his bur- a project for him to get out of the just a bureaucratic brush-off with er ruled was a taking. Hundreds of from his Social Security payments. den,” Raaid said. “It is like a cloud restaurant business and start doing low-level people saying this is all landowners are still awaiting pay- His sons help him pay the proper- over our heads. It is frustrating.”

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MAP ACT: Aug. 7, 1987 Jan. 20, 2013 July 2016 March 24, 2017 The General Assembly adopts The trial court approves The General Assembly NCDOT files motion for relief A HISTORY the Roadway Corridor Official NCDOT’s motion for effectively nullifies the Map from judgment in NCDOT Map Act into statute summary judgment on the Act v. Stimpson and NCDOT v. The Map Act, passed in 1987, plaintiff’s claims of inverse Chapman allowed the N.C. Department condemnation in Kirby v. of Transportation to file NCDOT highway corridor maps that blocked local governments Oct. 6, 1997 October 3, 2016 from issuing building permits. The N.C. Department of Superior Court Judge John April 25, 2017 Transportation records a Craig releases an order The trial court releases an It also prevented landowners highway transportation Sept. 3, 2013 that DOT has 90 days to order denying NCDOT’s from subdividing property corridor map with Forsyth The N.C. Supreme Court make deposits for the Kirby motion to reconsider the in the path of the planned County Register of Deeds, hears oral arguments for plaintiffs and seven months Feb. 23, 2017, ruling. NCDOT highways. plotting the Western Loop of Beroth Oil CO. V. NCDOT to make deposits for other appeals. the Northern Beltway property owners The Map Act was designed as a temporary solution to help the state keep a lid on April 11, 2014 May 17, 2017 costs. But there was one major Nov. 26, 2008 The N.C. Supreme Court November 2016 Court of Appeals hears problem. DOT blocked use of NCDOT records a second map issues a ruling in Beroth Oil Superior Court Judge Bryan NCDOT’s appeal over the land and, in most cases, plotting the Eastern Loop Co. v. NCDOT denying class- Collins releases an order Superior Court order didn’t pay landowners. The law action but chastises the trial setting a schedule for NCDOT court for commenting on the to appraise Wake properties left hundreds with land they merits of the claims and begin making deposits effectively couldn’t develop and couldn’t sell. Sept. 16, 2010 Nov. 13, 2017 Landowners file suit against Court of Appeals hears Winston-Salem lawyer Matthew NCDOT in Beroth Oil Co. v. oral arguments for NCDOT Bryant took interest in the NCDOT Aug.12, 2014 Dec. 6, 2016 v. Stimpson, NCDOT v. case in 2009. In 2011, 24 years The N.C. Court of Appeals NCDOT files a complaint Chapman, and NCDOT v. hears oral arguments in Kirby against Chapman family trust MDC Investments after the law was approved, v. NCDOT seeking to take its property landowners sued. More than through direct condemnation 450 plaintiffs ultimately joined Oct. 2011 – April 2012 the lawsuit. The case climbed Landowners file separate its way through the judicial complaints against NCDOT in Nov. 21, 2017 system, eventually reaching Kirby v. NCDOT Feb. 17, 2015 In Beroth Oil Co. v. NCDOT, Dec. 13, 2016 the N.C. Supreme Court. The N.C. Court of Appeals the Court of Appeals rejects rules in favor of plaintiffs in NCDOT files a complaint the state’s argument that Kirby v. NCDOT against Stimpson seeking to it had sovereign immunity In 2016, the N.C. Supreme take the property through from the lower court’s order Court ruled in favor of direct condemnation that it start compensating landowners. March 18, 2011 landowners Plaintiffs inBeroth Oil Co. v. NCDOT file a motion for “Upon NCDOT’s recording class-action status May 29, 2015 of the highway corridor MDC Investments files a maps at issue here, the Map complaint against NCDOT, Jan. 11, 2017 seeking declaratory Stimpson and Chapman file March 2, 2018 Act restricted plaintiffs’ judgment that NCDOT took motions to dismiss NCDOT’s Superior Court Judge Bryan fundamental rights to improve, its property via the Map Act claim, arguing that because Collins releases an order develop, and subdivide their May 20, 2011 there'd already been prior that NCDOT must appraise property for an unlimited A trial court denies the pending action and judgment properties within six months motion for class-action status on their property, NCDOT and make an offer to period of time,” the justices in Beroth Oil Co. v. NCDOT can’t sue to claim it landowners to buy their land wrote. “These restraints, coupled with their indefinite Feb. 16, 2016 The N.C. Supreme Court nature, constitute a taking of hears oral arguments for plaintiffs’ elemental property Kirby v. NCDOT rights by eminent domain.” June 22, 2011 Jan. 12, 2017 March 20, 2018 Plaintiffs inBeroth Oil Co. NCDOT files claim against The Court of Appeals rules Property owners should be v. NCDOT appeal the trial MDC Investments to take in favor of landowners in court’s ruling denying class- its property under direct NCDOT v. Stimpson, NCDOT paid, but measuring payments action status condemnation v. Chapman, and NCDOT v. would depend on market May 6, 2016 MDC Investments values both before and after Chapman family trust files a complaint against DOT restricted their property, NCDOT seeking declaratory judges decided. judgement NCDOT took its May 15, 2012 property via the Map Act Jan. 18, 2017 A Superior Court judge ordered The Court of Appeals affirms MDC Investments files a the trial court’s ruling motion to dismiss NCDOT’s NCDOT to complete appraisals denying class-action status in claim, arguing there is in six months, but the process Beroth Oil Co. v. NCDOT already prior pending action and judgment on its property was too complicated to meet May 9, 2016 the deadline, said NCDOT so NCDOT can’t sue Robert Stimpson files a to claim it General Counsel Chuck Watts. complaint against NCDOT seeking declaratory Most are still waiting for a January 8, 2013 judgment that NCDOT took check from the DOT. In Kirby v. NCDOT, a trial his property via the Map Act court denies NCDOT’s motion to dismiss the claim of Feb. 23, 2017 In March, Judge Bryan Collins inverse condemnation, but The trial court grants gave DOT another six months grants NCDOT’s motion to defendant’s motion to get the job done. dismiss the plaintiff’s claims to dismiss in NCDOT that NCDOT violated the June 10, 2016 v. Stimpson, NCDOT v. U.S. Constitution and state The N.C. Supreme Court rules Chapman, and NCDOT v. constitution in favor of the plaintiffs in MDC Investments Kirby v. NCDOT CAROLINA JOURNAL // JUNE 2018 13 2018-19 BUDGET Secretive budget process efficient but bad for governance, analysts say

Conference late-night vote. Stam objected, and then-House process allows Speaker Jim Black allowed repre- sentatives less than an hour to re- no amendments; view 500 pages of budget docu- GOP leaders say ments before voting. N.C. State political science pro- they’re tweaking fessor Andy Taylor said Republi- cans’ decision to budget by confer- and improving ence report is not surprising. Power has crystallized for many two-year budget years among a small cadre of lead- enacted last year ers who control budget decisions, the legislative process, committee appointments, and district maps. BY DAN WAY Veteran lawmakers who weren’t part of negotiations didn’t know Republican legislative leaders’ what would be in the final package decision to hold secretive budget and bristled at being excluded. deliberations was bad politics and Retiring state Rep. John Blust, could further motivate angry Dem- R-Guilford, had spoken in late April ocrats to flood the voting booth this about the concentration of power. fall, political observers say. In a letter to House and Senate Re-

GOP leaders counter that the PHOTO FILE CJ publicans dated May 10, he strong- budget they unveiled May 28 mere- BUDGET BY CONFERENCE. The conference process shuts out minority party members. ly urged colleagues to reject a bud- ly makes some minor adjustments get dropped into a conference re- in the two-year agreement enacted port. last year. featuring the $23.9 billion Gener- The process Republicans chose He said Republicans have accel- In their view, Democrats used al Fund budget plan. Lawmakers is legal, but unconventional, ac- erated abusive practices Democrats similar tactics when they had a lock could vote only up or down. Analysts say the cording to Gerry Cohen, former started. on the General Assembly. Democrats condemned the tac- choice to offer General Assembly special counsel. “It is elementary that each citi- And the spending plan for the tic on Twitter. the budget as a He told the News & Observer zen of this state is entitled to equal upcoming year is fiscally sound, in- “The disregard for the spirit of conference committee he researched budget bills dating representation in the chambers cluding higher pay for teachers and the democratic process is breath- to 1985. This is the first instance that make the laws which those state employees, more tax cuts, and taking,” wrote Senate Minority report, allowing no when amendments would be pro- citizens are bound to follow,” Blust a boost in state rainy-day savings Leader Dan Blue, D-Wake. “There amendments, gives hibited on the House and Senate wrote. “This is fundamental con- — a tough budget to reject in an is a real fear of civil discourse from Republicans, with floors. stitutional law and fundamental election year, Republicans say. #ncga leadership.” Over 34 years, only three times to the very essence of a republic. It Even so, analysts say the choice “Perhaps we can make it much supermajority margins did one chamber adopt the other’s should never be abused or traded to offer the budget as a confer- more ‘efficient’ for #ncga leader- in both legislative budget without amending it. away for any reason short of a pub- ence committee report, allowing no ship” to pass a budget, said House chambers, a tactical But former House Majority lic emergency.” amendments, gives Republicans, Minority Leader Darren Jackson, Leader Paul “Skip” Stam recalls The conference process shuts with supermajority margins in both D-Wake. advantage. Democratic power plays. “We pro- out minority party members, Tay- legislative chambers, a tactical ad- He sarcastically suggested Re- tested loudly” as a minority party lor said. But rank-and-file majority vantage. publican lawmakers “could just in 2007, the Wake County Republi- members also are affected because “I certainly think that they rec- sign a proxy [and] let just a hand- can said. they can’t offer amendments. ognize there’s energy on the Dem- ful of people write it and then ap- “But we fully expect legislative Republican senators urged their Rep. Jeff Collins, R-Nash, who’s ocratic side,” said Catawba College prove it.” Democrats and Gov. Cooper will at- House counterparts to pass the also retiring at the end of the ses- political science professor Michael “Transparency is a hallmark of a tempt to use this to justify their op- Senate’s budget unamended. Mi- sion, said the conference commit- Bitzer. democratic republic, and when the position to a budget that will in- nority House Republicans sought tee approach would be OK merely to Cutting the process short will process is done behind closed doors, clude a fifth consecutive teacher nine Democratic colleagues to join tweak the budget. deny Democrats a high-profile plat- and only presented for ratification pay raise and substantial tax relief them, backing the Senate budget so But the Republican caucus is form in budget debates to criticize where the votes are already there, it for millions of North Carolinians.” it wouldn’t go to a conference com- split. Big policy issues or objection- GOP policies. raises real questions about the civic Joseph Kyzer, spokesman for mittee. able spending items inserted into “I think this could be the re- process,” Bitzer said. House Speaker Tim Moore, R-Cleve- House Democratic leaders foiled the final plan were bound to prompt al test this November — how far a Shelly Carver, a spokeswom- land, defended the budget process. the scheme. The ensuing confer- some critics to vote against it. party can go in using absolute pow- an for Senate leader Phil Berger, “As appropriations leaders have ence report contained a half bil- UNC-Greensboro political sci- er to their advantage,” Bitzer said. R-Rockingham, disagreed with the emphasized, the legislature is only lion dollars of new spending neither ence professor Thomas Little said “It’s hard to compare, but it feels critics. making adjustments to the bienni- the House nor Senate had approved legislative leaders may prefer a like the Democratic side is having “The purpose of the short ses- um budget passed last year based separately. speedy process, but it doesn’t in- their 2010 kind of a year.” sion is to adjust the two-year state on the state’s $356 million revenue It also created land transfer tax- spire faith in representative govern- In 2010 Republicans gained con- budget that was fully vetted, debat- surplus and record reserve fund,” es that had failed in both chambers. ment. trol of the General Assembly after ed, and passed over a six-month pe- Kyzer said. “I won’t say there was no de- “It’s not a healthy process for more than a century of Democrat- riod last year — not to write an en- “This year’s state budget will bate, because we debated it hard. democracy. If your argument is ef- ic rule. tirely new plan,” Carver told Caroli- continue to deliver strong invest- But just like this one, there will be ficiency, democracy’s not efficient. Rather than create a new 2018- na Journal by email. ment growth in North Carolina’s debate but no amendments, and no That’s not one of its qualities. Never 19 budget bill, Republican legisla- “Lawmakers of both parties will priorities like education and public real part of the process,” Stam said. has been, never will be,” Little said. tive leaders chose to strip language have the opportunity to vote on the safety while maintaining tax relief In 2004, Stam said, Democrats “The quality is representation out of an old insurance bill and re- bill, and make their voices heard,” for families and businesses,” Kyz- brought a budget conference report and responsiveness, and you don’t place it with a conference report Carver said. er said. to the House floor for an immediate get either with this.” 14 CAROLINA JOURNAL // JUNE 2018 BEER BATTLES Court rules: Brewers’ lawsuit against state moves forward BY JOHN TRUMP “Our craft brewery clients, the entire hand over the rights to distribute says, “the state’s top beer regula- life for those freedoms, and hav- craft beer community, and craft beer their own beer to private distribu- tor offered a number of damning ing been the victim of our State’s Wake County Superior Court consumers across North Carolina tors if they sell more than 25,000 revelations.” Craft Freedom says misguided laws, I am compelled to has ruled against the state can all share in this major victory.” barrels” — and the franchise law. that includes “an illegal contract come forward and share my story in of North Carolina in a law- The ruling allows the lawsuit to That law, says the complaint, with Anheuser-Busch to suppress the hope that it will illustrate how suit seeking a permanent injunc- proceed toward a trial. craft beer sales and push Anheus- truly unjust North Carolina’s system Ation against enforcement of the “We are grateful for the Court’s er-Busch sales by giving Anheus- of beer distribution has become.” state’s distribution cap and fran- ruling today,” Olde Mecklenburg er-Busch beers priority over all Special Deputy Attorney Gener- chise laws on breweries. founder John Marrino said. “Today’s other products.” al Matt Tulchin on March 20 argued The complaint — filed last year victory upholds the basic principle Dustin Canestorp, founder of the state, specifically the N.C. Alco- by Craft Freedom LLC, The Olde that the government cannot enrich Beer Army LLC, filed an affidavit holic Beverage Control Commission, Mecklenburg Brewery LLC, and No- one group of private parties at the May 15. It provides an account of a does indeed have far-reaching au- Da Brewing Co. — says the distribu- expense of another.” recorded phone conversation and thority in controlling alcohol con- tion cap and franchise laws injure Craft Freedom, in a news re- email exchange between Canestorp sumption and sale. and threaten to impose additional lease, announced it immediately is- and Freedom Beverage Co., a distrib- The commission has, over the damage on the brewers. They can sued subpoenas to distributors and utor, and the way Freedom has han- years, developed a complex statu- produce no more than 25,000 barrels others. “These subpoenas seek in- dled the distribution agreement. tory scheme toward that end, be- of beer each year without contract- formation about distributors’ polit- Beer Army, says the affidavit, ginning with the 21st Amendment ing with a distributor. ical contributions, as well as com- is a nonprofit fundraising compa- and the implementation of the state A subsequent motion filed by munications involving their lobby- ny with the mission of organizing ABC system in 1937. the state says the complaint should ists.” beer festivals to raise funds for vari- “The alcohol industry is differ- be dismissed with prejudice, and as- The plaintiffs challenge “the ous charities, including charities fo- ent, and the regulation of the alco- serted the challenge, according to constitutionality of state regula- cused on helping veterans. hol industry is different,” Tulchin statute, must be heard by a three- tions that do not protect the pub- “I am providing this affidavit to said in court. judge panel of the Superior Court. lic, force consumers to pay higher “forces craft breweries to enter in- the plaintiffs in this case of my own Decisions regarding those rules Superior Court Judge Allen Bad- prices, and benefit private beer dis- to oppressive, one-sided contracts volition, and in exchange for noth- are left to the state. dour, who heard the complaint tributors at the expense of the hard- with distributors that literally last ing,” Canestorp says in the affidavit. “We live in America, the land of March 20, issued the ruling May 15. working craft brewers who have forever, and which require the brew- “I believe that the laws that the the free,” Marrino said in a state- “We are pleased with the Court’s made North Carolina one of the eries to give those distributors con- plaintiffs are challenging are laws ment. “Yet our small craft brewer- ruling, which rejected the State’s ar- leading craft beer states in the na- trol of their product — including de- that are taking away our American ies are being punished because one guments for dismissal and held that tion.” cisions about pricing.” freedoms — specifically, the free- small group of well-connected busi- we sufficiently alleged that these The complaint tackles two state The plaintiffs’ brief includes a dom to control the businesses that ness owners have greased the skids laws are unconstitutional,” Drew laws — the distribution cap, “which deposition by N.C. ABC Commission we build with our own hard work,” for years. Now it’s time to find out Erteschik and Bob Orr, lawyers for punishes craft breweries for their Administrator Robert Hamilton. Canestorp says. just how much grease has been ap- the brewers, said in a statement. own success by forcing them to “In his deposition,” the brief “Having fought and risked my plied.”

Public Affairs, Policy Issues & Perceptive Commentary

See refreshing, balanced conversations about timely topics facing North Carolina and the nation on FRONT ROW with Marc Rotterman. By bringing together his insider experience, keen mind and key contacts (including elected officials, policy makers and journalists), Marc and his guests explore important issues about policy and public affairs during each lively episode.

Catch FRONT ROW— Five Times a Week! UNC-TV: Fridays, at 8:30 PM • Sundays, at Noon North Carolina Channel: Fridays, at 9 PM • Saturdays, at 4 PM Sundays, at 9:30 AM Online anytime at unc.tv/frontrow CAROLINA JOURNAL // JUNE 2018 15 COMMENTARY The teacher walkout and its aftermath

receive their fifth consecutive pay district bureaucracies and enjoy raise, an average 6.5 percent salary fewer educational options for their increase for the upcoming school children. year, and additional state dollars Despite the stated goals of walk- will flow to teachers for retirement, out organizers, some have claimed health benefits, and performance the walkout transcended partisan DR. TERRY STOOPS pay initiatives. politics because participants spoke VICE PRESIDENT FOR RESEARCH Instead, event organizers are broadly about their passion for ed- JOHN LOCKE FOUNDATION playing the long game, working ucating children and their genuine toward a restoration of the trifecta: desire to improve the system that control of the legislature, gover- gives them that opportunity. And he day after thousands of nor’s mansion, and the courts. surely it could not be classified as teachers gathered in Raleigh With a Democrat in the governor’s partisan if the protest included for a walkout that shut- mansion and a Democratic majori- Republicans, Democrats, and unaf- tered schools for two-thirds of the ty on the state Supreme Court, the filiated voters, right? Tstudents in the state, Pope “Mac” legislature is the obvious target. It I have little doubt that there were McCorkle, a political consultant is also the most critical one. The scores of naïve teachers who didn’t and public policy professor at Duke N.C. Constitution affords signifi- conceive of their participation as University, observed that it “could the N.C. General Assembly, NCAE Those who coordinated the cantly more power to the General a political act. But their participa- be the start of something much big- president Mark Jewell told WRAL walkout recognize that their efforts Assembly than the other two. tion will be used for political ends. ger with significant impact in the news, “We don’t anticipate much won’t yield immediate results. The If the Democrats regain the As McCorkle points out, “Such 2018 election.” The voting public’s change from this group. So, we’re 2018 short session is under way, legislative majority, they likely will visually rich, outdoors events as response is less certain than the going to change the players in the and the Republicans in the General use their power to raise corporate the teachers’ ‘all-red’ protest tend fact that the union-organized rally game.” The NCAE’s sheet of pre- Assembly maintain a supermajori- and personal income taxes for the to be far more effective in planting was designed to have a significant pared chants included “Remember, ty that will overturn a likely budget benefit of school districts, halt lasting memories in the minds of impact in the November election Remember, We vote in November!” veto issued by Gov. Roy Cooper. the expansion of North Carolina’s less partisan, average voters.” and beyond. Most speakers expressed the desire As they have done in the past, booming private school-choice In the end, I suspect the event The leadership of the N.C. to weaken or depose the Repub- lawmakers will approve a prudent programs, and subvert the state’s organizers cared less about teach- Association of Educators, the lican leadership of the General plan that does not raise taxes, thriving public charter school ers’ classroom activities and the state National Education Asso- Assembly through the ballot box, spends no more than the combined market by imposing onerous diversity of their viewpoints than ciation affiliate, openly admitted much to the delight of the Demo- rate of inflation and population regulations and restrictions. their enthusiasm for traveling the prospect of electoral change cratic politicians who appeared on growth, and stashes millions in the Taxpayers will hand over more of to Raleigh to create a politically underlies the walkout. Referring to stage with NCAE leaders. state rainy day fund. Teachers will their hard-earned dollars to school potent photo op. Scholars agree N.C. should pick, ‘stick to’ one judicial selection process

san judicial elections. (He offered a that means is we can’t simply Lopez pointed to other research “Once the policymakers in our similar defense of North Carolina’s change the method of selection or that suggests links between par- state decide on a system, we’re all current system during a Feb. 15 change how the courts function tisan judicial elections and higher better off if they just stick with panel discussion in Raleigh spon- simply because we don’t like the levels of government corruption. that system instead of going back sored by the Federalist Society.) outcomes we’re getting from de- “Criminal convictions tend to spike and forth between partisan and “Partisan elections provide the cisions or we’re worried we’re not before elections,” he said. “Is this nonpartisan to maybe going to an MITCH KOKAI courts with an independent system going to win elections.” the way that an impartial norma- appointment and then going back SENIOR POLITICAL ANALYST of power and authority that you It’s easy for Bonneau to argue tive analysis of our legal system to elections at some point in the JOHN LOCKE FOUNDATION don’t get with appointed systems,” against major change. The status would prefer that it works? Do we future.” Bonneau told his Campbell Law quo mirrors his policy preferences. really want criminal convictions to “Stability in our judicial institu- School audience. It’s not as easy to argue against be affected by the proximity of … tions matters a lot to the well-be- IT’S NO SHOCKER that a fan of In addition, partisan elections change when you hold doubts an election?” ing of the people in the state,” partisan judicial elections urges offer the most transparent form of about the current system. Count Elections also appear to have Lopez added. “I would encourage North Carolina to maintain its judicial selection, Bonneau said. among the skeptics Edward Lopez, an impact on the size of lawsuit those policymakers to pick a plan current system for selecting state “There is no apolitical method of WCU professor of economics. judgments, Lopez said. “In elected and stick with it.” judges. More surprising? A skeptic judicial selection,” he said. “Poli- While moderating the May 7 systems, tort decisions are orders That sounds like the warning of partisan elections also urges tics is always involved when we’re debate, Lopez stated his concerns. of magnitude higher than in ap- Bonneau delivered during the caution as lawmakers consider talking about selecting judges. So He emphasized academic research pointed systems, which affects the panel discussion. “Nobody likes changing the system. the question is: Do you want your and opinion polls focusing on the business climate in the state.” uncertainty,” Lopez agreed. The fan and the skeptic both politics up front, and visible, and performance of state legal systems. Despite his obvious concerns Lawmakers who reconvened took part in a May 7 judicial transparent, or do you want them That includes the systems’ reputa- about partisan judicial elections, May 16 in Raleigh will have plenty selection forum at Campbell Law behind closed doors?” tion within the legal community. Lopez is not endorsing a quick, of work to do in the coming weeks. School in Raleigh. The John Locke In addition to transparency and “In a recent national survey large-scale overhaul of the current They are revising the state budget. Foundation and Western Carolina the independent source of author- of 1,321 practicing attorneys, system. They are addressing school and University’s Center for the Study of ity linked to partisan elections, North Carolina ranked 33rd out During an interview with Caro- prison safety concerns. Free Enterprise co-hosted the panel Bonneau stresses the information of 50 in the overall quality of the lina Journal Radio, he emphasized They are approving additional discussion. Organizers wanted to provided to voters. “Party ID is legal system,” Lopez said. “That that any consideration of a new measures related to GenX dumped inform an ongoing debate among the single most important piece of is down 26 spots from the state’s judicial selection system would in the Cape Fear River. Legislative lawmakers. information any voter can have in seventh-place ranking in the 2015 have to take account of factors leaders have signaled their inter- As of 2018, the status quo means any election.” version of that study.” that could limit judges’ indepen- est in finishing these and other partisan elections for judges across Given his endorsement of the “Why the big drop? Research dence and accountability. major pieces of business by July 4. the state. You’ll hear no argument current system, it makes sense suggests that the reason we have What if lawmakers ultimate- Does that leave them time for against that system from Chris that Bonneau ended his prepared dropped in that ranking is due to ly decide to stick with partisan a major overhaul of the state’s Bonneau, associate professor of remarks with a warning. “Y’all need the switch to partisan judicial elec- elections? “I think the decision — judicial selection system? political science at the University to pick a system and stick to it.” tions.” Lopez noted that the drop if it is representative of what the Based on the advice of both a of Pittsburgh. For the second time “If we’re concerned about the mirrors findings of an academic people of North Carolina commu- fan and a skeptic of the current in three months, Bonneau traveled legitimacy of courts, we need to study cited in his 2010 book, The nicate is their desire — then that system, it might make more sense south to tout the benefits of parti- protect them,” he added. “What Pursuit of Justice. is the right thing to do,” he said. to stick with what we have. 16 CAROLINA JOURNAL // JUNE 2018 EDUCATION Six ideas to depoliticize the American campus

he politicization of higher proactive parenting is essential. In constructive disagreement, education is a huge socie- We may not be able to altogether perspectives are raised, consid- tal problem. Even though reform higher education, but we ered, and challenged with a shared there’s an overwhelming consen- can arm our children with facts, commitment to mutual inquiry. It Tsus universities’ ultimate purpose awareness, and logical reasoning is typified by fearless, respectful should be a search for the truth, that will counteract the half- engagement with others. While this is increasingly not the case. truths and bias lobbed at them by essential to learning and strong But that doesn’t mean we professors. research, constructive disagree- have to submit to this assault on ment isn’t easy. It requires a range the open society. There are also JAY SCHALIN of cognitive, emotional, and social hopeful signs. The Martin Center JAMES G. MARTIN CENTER FOR skills, including intellectual humil- asked representatives from leading ACADEMIC RENEWAL ity, curiosity, resilience, respect, academic reform organizations for perspective taking, and empathy. ideas on how to build on recent One way to push back against successes. Here are their solutions: politicization is to empower alter- KAREN HYMAN native alumni groups. Currently, AMERICAN COUNCIL OF TRUSTEES TOM LINDSAY most official alumni organizations AND ALUMNI TEXAS PUBLIC POLICY FOUNDATION are controlled by their administra- tions. As a result, some of the most The phrase “viewpoint diversity” Most college graduates older important voices are missing from has become the locution du jour for than 55 remember that their best cy the Constitution intends them tive to have students learn skills the governance of the Ivory Tower. what was long called “ideological teachers refused to allow them- to be. that actually qualify them for Enabling alternative alumni diversity.” When it comes to the se- selves to be pigeonholed as mere well-paying jobs in the work force. groups to thrive could disrupt rious ills besetting our universities, hawkers of one political agenda DAVID RANDALL Junk politicized courses, or junk the administration’s control of calling for any brand of diversity — over another. They refused to do NATIONAL ASSOCIATION OF politicization of solid courses, will information. Since individual be it racial, class, gender, or view- this not because they were politi- SCHOLARS run up against the incentive of alumni (or small groups of them) point — is a common response. cally indifferent, but because they colleges not to lose money. often have deep inside knowledge But, as a curative for education’s knew that their job was to teach, The one thing legislators should of the college, they would be able ills, focusing on creating viewpoint not indoctrinate. do to depoliticize higher education JENNIFER KABBANY to spread the word rapidly through or ideological diversity is bound to On both constitutional and pru- is to make colleges and univer- THE COLLEGE FIX the alumni network — and from come up short. dential grounds, what is required sities co-responsible for student there enter the public arena. In Higher education reformers to depoliticize our schools are loans — the so-called “skin in the Higher education is past the this way, corruption and politiciza- need to seek practical ways to measures that reduce the federal game” policy. If these institutions point of no return. Proactive par- tion could be countered. solve university problems with role in higher education. The main were responsible for some signif- enting is the only solution. While a return to the liberal arts: the way to accomplish this is by mak- icant amount, say 30 percent, of vocational schooling, tech opportu- DEBRA MASHEK pursuit of truth, the self-critical ing state accreditation sufficient each student loan, they would ac- nities, independent entrepreneur- HETERODOX ACADEMY and self-reflective use of reason, for receipt of funding authorized quire several incentives to change ship programs, the military, and and humane learning balanced by by Title IV (of the Higher Educa- in positive ways. None of these other pathways offer strong alter- Those of us in academia must a sense of humility about human tion Act). incentives are directly political, natives to the kindergarten-to-uni- work to change campus culture limits. We need to build frame- With states in control of Title IV but each of them would reduce the versity pipeline, they don’t fill all of from the bottom up to ensure a works that will promote the best authorization and free to exper- opportunities for the politicization society’s training needs. free and open exchange of ideas. of the liberal arts. iment without the federal gov- of higher education. We must prepare our youth for We can best accomplish this by ernment imposing conformity on Make colleges and universities the intellectual battle they will helping students, faculty, and From invited contributors to The them, the states would become co-responsible for student loans, face when they enter the higher others develop the skills for “con- James G. Martin Center for Academic again the laboratories of democra- and they will also have an incen- education arena. That means structive disagreement.” Renewal

The James G. Martin Center for The Decline of the Academic Renewal explores the General Education program at English Department Throughout much of the 20th century, English departments were the crown jewels of the humanities. Today, English departments have lost their position at the center of the American university. Read Jay Schalin’s newest report, Why? “General Education at NC State” to discover the findings. Read “The Decline of the English Department” by Download the FREE pdf online! Jay Schalin FREE at: www.jamesgmartin.center

www.jamesgmartin.center Or call 919.828.1400 to receive your free copy. CAROLINA JOURNAL // JUNE 2018 17 EDUCATION What to know about teens, nicotine, and ‘JUULing’

cine, Asthma, and Lung Biology, to school superintendents and has found a “unique response charter school directors, informing pattern” in the respiratory immune them that e-cigarettes are covered responses of e-cigarette users. under schools’ 100 percent tobac- “What is this going to do long co-free policies and aren’t permit- KRISTEN BLAIR term? Is this reversible? All of ted on campus. State statute also COLUMNIST these things we don’t know yet,” prohibits e-cigarette purchases by says Jaspers, adding, “Atypical minors. patterns give me concern.” Education is critical: DHHS has he latest device flooding Even flavorings, safe to ingest, provided schools with informa- schools resembles a flash can be toxic when inhaled. Cin- tion about Catch my Breath, an drive but doesn’t store data. namaldehyde, used for cinnamon e-cigarette prevention curriculum, Its purpose: delivering a flavored flavoring in e-liquids, “completely Martin says. For kids caught using Tnicotine hit. Called a JUUL, it’s shuts down immune cells that e-cigarettes, he recommends As- a hipper, younger iteration of are the first line of defense, cells pire, a program explaining nicotine the e-cigarette, which debuted a that are patrolling airways and dangers and ways to quit, as an decade ago. Adolescents, who love gobbling up invading pathogens,” alternative to suspension. JUUL’s super-slick appearance, says Jaspers. Her study of lung Teens, already jaded JUULers, brand magic, and fun flavors, have cell physiology shows cilia stop are taking action themselves. The sparked “JUULing” mania. It’s a 2011 and 2015, an 888 percent addictive,” notes the American beating following cinnamaldehyde “JUULers against JUUL” video, terrifying trifecta of teen plea- uptick; use among middle school- Academy of Pediatrics. “Kids are exposure. “It’s reversible,” Jaspers created by two teens, features the sure-seeking, peer pressure, and ers rose from 1 percent to 6.99 getting so much nicotine that says, but one exposure “complete- stories of fresh-faced addicts. Up- trendy tobacco product. Health percent of students, a 600 percent they’re vomiting at school,” says ly shuts down the ability of cilia loaded in May, the video garnered experts and policymakers — years increase. National numbers reveal Martin. E-cigarettes heat e-liquid, for about two hours.” more than 50,000 views during its into youth tobacco prevention similar trends. “We’re very con- creating an aerosol that users Kids need to know about risks. first week. Both parents and kids efforts — know this battle is a cerned with the rise in e-cigarette inhale. E-liquid in one JUUL pod DHHS is working to educate should watch it. Jaspers, who told big one. They’re in it to win it, but use among middle school as well delivers as much nicotine as a pack teachers and administrators, and me about the video, shared it with they’ll need an army of messen- as high school students,” says of cigarettes. That might surprise is reaching out to school nurses, her teens. I had my 16-year-old gers to help. Jim Martin, director of policy and some. “Many kids we’ve talked to PTAs, pediatricians, and others. watch it. Statistics confirm new users programs for the Tobacco Preven- feel like it’s flavored water,” says “It’s going to take a multipronged Kids need the truth about e-cig- are looking more like Hannah tion and Control Branch of the N.C. Martin. strategy,” to effect change, says arettes. It’s up to all of us to make Montana than the Marlboro Man. Department of Health and Human Early research on health effects Martin. sure they get it. State data show e-cigarette use Services. is concerning. Toxicologist Ilona Schools need guidance. Along increased from 1.7 percent to 16.8 Young users face long odds of Jaspers, deputy director of UNC’s with the Department of Public Kristen Blair is a Chapel Hill-based percent of high schoolers between walking away. “JUUL is highly Center for Environmental Medi- Instruction, DHHS sent a letter education writer. Feminist activism masquerading as education

has a program called the Moxie abortion — to speak to students. Project. The aim of the program is (UNCW, along with UNC-Chapel to train students through course- Hill and UNC-Greensboro, grant work and internship experience to students course credit for interning be feminist activists in their local with abortion provider Planned communities. One Moxie Scholar Parenthood). SHANNON WATKINS claimed that: It’s important to note that not COLUMNIST “All education, whether in the all activities at women’s centers field of English, Biology, or History, are blatantly ideological. They do is inherently political —especial- positive things, such as providing THE SUPPOSEDLY academic ly in a public university system, counseling and helping homeless, discipline of women’s studies is threatened with the closure of en- abused, or incarcerated women. In- “an arm of the women’s move- tire campuses … and budget cuts.” deed, some might defend women’s ment,” according to philosopher Other organizations that centers because of the health ser- Christina Hoff Sommers. And that Moxie Scholars have worked with vices they provide students such movement is political — political include: The National Abortion as counseling. But those services activism is at least as fundamental and Reproductive Rights Action can be provided at campus health to women’s studies as its academic League — NARAL Pro-Choice — and counseling centers. components. the N.C. Justice Center, and Women Indoctrinating students with As it says in the National they also mobilize students to put purpose. At the University of North AdvaNCe — a progressive-leaning, specific ideologies and then cre- Women’s Studies Association’s that ideology into practice. Carolina at Charlotte, for example, pro-choice nonprofit. Despite the ating corresponding programs for constitution, the underlying goal Such blatant activism is not there’s a program titled “Gen-X: women’s center’s apparent partisan them to put those ideas into prac- of women’s studies departments is how academic units at public uni- Where Academics Meets Activ- leanings, it has received generous tice isn’t education — it’s recruiting that of “transform[ing] the world” versities are supposed to conduct ism.” Students admitted to the pro- support from the state. political actors and most certainly to one “free of oppression.” One themselves. The purpose of educa- gram function as a “community,” A quick look around North is not the purpose of higher educa- can argue whether that goal is tion at public universities — and where they usually live in the same Carolina reveals other examples of tion. It may be time for the state to overly ambitious. It’s hard, howev- in some cases, private — is not to housing and attend the same class- similar politicization. UNC-Wilm- take a good look at its universities’ er, to argue it isn’t political. advance ideologies; rather, it is to es. Gen-X students focus on “social ington’s Women’s Studies and women’s programs and see which One area in which this politi- instill students with the capabili- justice and activism work” and are Resources Center is also steeped are excessively political and which cized agenda reveals itself in full is ties to come to their own conclu- required to take a class on “Gender, in radical feminist values. For one, — if any — serve an educational the euphemistically named “expe- sions through properly academic Activism, and Leadership.” in collaboration with NARAL Pro- purpose. riential learning” programs run by methodologies. But the women’s and gender Choice, the center sponsors an “Ac- campus women’s centers. Not only And it appears that women’s studies program at UNC-Char- tivist in Residence Series.” In 2014- Shannon Watkins is a policy do women’s centers approach is- centers and programs within the lotte is not the only one with an 2015, the center invited Emily associate for The James G. Martin sues in terms of a specific ideology, UNC system often fall short of that activist bent. UNC-Chapel Hill Letts — known for filming her own Center for Academic Renewal. 18 CAROLINA JOURNAL // JUNE 2018 POLITICS Lieutenant governor doubling down on his priorities

KT: School safety is clear- responsible for. I think that coming out [of college] with INTERVIEW ly a pressing issue for what you’re seeing is the $80,000 of debt, and then you. How much do you an- blowback of the pendulum they expect someone to ticipate it costing to fund swinging from one side to relieve their debt. student resource officers the other. Thirty and 40 KT: for every public school in years ago we were saying What drew your at- North Carolina? the mental health insti- tention to that issue? How tutions like Dorothea Dix long will it take to imple- DF: [Gov. Roy] Cooper has a were horrible places to put ment? plan out there. The legisla- patients, so public outcry DF: ture is going to have a plan. was to shut all of those [We] used to teach all I think we’re going to be all down. Then you saw all the of this in economics classes, over the place in [terms of] people dealing with those is- but now we don’t even see Dan Forest dollars ... but I think the sues being held in hospitals economics being taught Lieutenant Governor balance will be struck when and prisons. Hospitals and in most cases. I think it’s While Gov. Roy Cooper and we determine what the prisons couldn’t deal with it just a change in times like members of the N.C. General counties’ role is. Counties any more, so we have kids everything else. We put all Assembly scramble to check always point their fingers at in schools who have mental of these priorities on teach- items off their to-do lists the state as though the state issues, and now schools ers and tell them “these during a short session, is going to solve all their have to deal with that, as are the things you have to Republican Lt. Gov. Dan problems, and that’s just well. You need profession- teach.” And there’s only so Forest is doubling down on not the way it’s supposed als who know how to deal many hours in a week or in his own priorities. to be. We’re No. 6 in the with those issues. Schools a school year. Something al- country for state education shouldn’t be a mental hos- ways has to be cut. What we An architect, and the state’s spending. So, the counties DAN FOREST ON MENTAL HEALTH: ‘Schools shouldn’t be a pital for people with those don’t do is go back through second-in-command since aren’t pulling their weight in mental hospital for people with those disorders.’ disorders. But that’s what and say, “What are the most 2013, Forest is an advocate of North Carolina as they are we’re clamoring for today. important things we should charter schools and private across the country. You saw it in the governor’s be teaching?” school vouchers. He has taken I think we need to push these resource officers.” put in place to promote re- budget. He has $40 million KT: staunchly conservative stances back and not say “we’re Sometimes they want to do lationships between SROs, in there for mental health Let’s move on to com- on First Amendment rights going to bite all of this off at it [during work hours], and students, and teachers? in schools. We need to start puter science education, and family issues. [the state] level.” Counties sometimes they want to asking: Why are we asking another priority you’ve DF: This year, Forest — like many are going to have to pick do it as a second job for the I don’t think it takes the government and the discussed. How do you others — is setting his sights some of this up. And part of sheriff’s deputies. Some- a lot [of training.] I don’t schools to handle these plan to attract experts on school safety. But 100 me wants to say shame on times SROs may be armed think you have to go out problems? from technology fields the counties for not address- teachers in the classrooms of your way. I mean, the when those professionals counties are a lot to consider, KT: and the legislature should ing this already. Where is who are military veterans training should be letting You’ve outlined finan- can collect significantly critically consider local and their responsibility? It’s or may [be teachers] who [students] watch the video cial literacy as a priority more pay in other jobs? not like there haven’t been have their concealed-carry of the shooting in Parkland. in public schools. When state responsibilities, Forest DF: says. issues [in schools] before. permits. [Teachers] should Let them watch the video you say “financial liter- We’re not going to hire We have schools all over our be allowed to participate if of Columbine. SROs are acy,” what specifically computer science profes- Forest is pushing for computer state that have no technol- they say, “I want to be part there to protect you. Why do you mean? What will sionals to go into the class- science and financial literacy ogy whatsoever. They have of this system, however this should you not trust them? those courses look like? room. That’s been the failure courses in all schools, projects open doors. And you point system works.” Some people What are they going to do? of the program all along. that aren’t a “heavy lift,” but DF: to the state and say “shame say, “Don’t arm teachers.” SROs aren’t there to have [I’m talking about] fi- People think we have to go that will take time and energy on the state” for that? No, Well, I think if a teacher an adversarial relationship nancial literacy courses that get people from the industry from lawmakers and teachers. there’s personal responsi- has their concealed-carry [with students and teach- have curriculum that can to teach it. We’ve gotten On May 7, Forest sat down bility. permit, and they’re perfectly ers]. They’re there to protect fit into either an economics Code.org, [among others], to with Carolina Journal There’s responsibility willing to help protect their them, just like a police class or into several weeks bring [a training] program Associate Editor Kari Travis. for the parents. There’s students, why would you officer. of home economic classes into our schools. [Code.org responsibility for the school not [allow that]? If you have or those kinds of social has] developed a curricu- KT: board at the county levels. 10 armed teachers in school, How do you propose studies. We would like to see lum online, and they go in There’s responsibility for the that’s going to be a whole lot we care for children with [financial literacy] become and train existing teachers county commissioners. [Yet] better than none. mental and behavioral mandatory. Right now, it’s in the schools to facilitate there are many places in the The General Assembly is health issues? not. We don’t believe you computer science education state saying this is the job of going to have to write the necessarily need to have in the classroom. We can DF: the legislature. The legis- rules for what kind of back- Mental health in general a full semester of [such roll [this program] out in lature can’t possibly know ground checks [we should is a train wreck right now. courses], but it needs to be three or four years. When the right solution for 100 do]. [They’re going to have Schools were never intended enough of a class that the we started this initiative a counties. to determine] what we’re to be mental health provid- basics are covered. It cer- year ago we had about 20 looking for in those officers. ers for our communities. tainly should include things teachers actually trained KT: What accountability In most cases I think they’re They were never intended like balancing your check- for computer science across measures should be es- going to be police officers, to be the place where you book. [Students should] all of our schools across the tablished to ensure we're retired veterans, and retired would send your kids so that understand how finances state. By 2040, close to 80 hiring the best SROs for police officers. SROs aren’t they could get two square work. For some people it’s percent of our jobs will have each school? going to be hard to find. meals a day. But that’s what learning about buying and some component of comput- There are a lot of people out has happened all across selling stocks. It’s under- er science. So we’re behind. DF: I think they should there who want those jobs. America. We’ve overpoliti- standing what mortgages We need to make sure that have a clean background, cized everything in America, are, understanding what all high schools are teach- KT: just like everybody else that Some say increased so now we say, “Oh, let the debt looks like, understand- ing this. [We need this] at works in a school. There are security could instill a government schools handle ing loans. You know, all of all elementary schools and military veterans that could kind of militant enforce- everything else.” So now the basics. There’s more such down the road. And This interview will be published serve in those roles. [Some] ment unless we establish mental health is handled in American student debt than don’t get me wrong; a lot of in two parts. It has been edited sheriffs’ departments are trust between law enforc- our schools. there is American credit schools are. But we’re miss- for clarity and length. already stepping up and ers and students. What Obviously, this is an issue card debt right now. That’s ing a lot of opportunities at saying, “We want to provide kind of training should we that parents need to be pretty scary. Students are the high school level. CAROLINA JOURNAL // JUNE 2018 19 POLITICS Partisan divide does not block search for political solidarity

MK: As we mentioned at are some people in our pol- the outset, no one should itics who are interested in be surprised if we’re go- localism and in federalism. ing to talk about a parti- They’re mostly on the right. san divide. They are people like Sen. Mike Lee of Utah. Utah, of YL: Right. course, has a long tradition of self-reliance and com- MK: But you did focus on munity-mindedness. There this notion that, despite are some other members of the divide, that there is a Congress who you will hear search for solidarity. How talk like this now and then: do you see this? Ben Sasse, the senator from Nebraska. YL: Yeah. You know, I think On the left, you know, even in some respects there’s much less of an because of the divide there inclination to decentral- is a desire for unity, a desire ize. Although right now for solidarity. One of the there are some people problems we have in our that I would call kind of politics is that our parties “foul-weather federalists” are deeply divided about on the left, who because how the country ought President Trump is presi- to be unified. And that’s dent, and because Republi- Yuval Levin a challenging thing to be cans control Congress, have divided about. But I think suddenly discovered that Editor YUVAL LEVIN: ‘It is easier to find unity in your community than it is to find it at a national level. that if you listen to each it’s possible to try different National Affairs And ultimately, when we build national unity, we often build it — at least in peacetime — by party, there is a strong building up from the bottom and not by building down from the top.’ things in California than in It’s no secret that recent desire to offer people ways North Carolina. Although American politics has featured of coming together, to offer that is often cynical, I think people ways to be unified, we should make the most a sharp partisan divide. Yuval MK: MK: Levin, editor of National so that in the language “OK, we’re either going to Given that we Do we have some op- of it and try to use that as Affairs, documents the impact that comes out of today’s unify around the goals of have seen people self- portunities also if we see a teaching opportunity and of that divide in his recent Republican Party — and, the left or unify around segregate in terms of more of these solutions call their bluff. in some respects, also from the goals of the right. where they live, is local coming from the local lev- book, The Fractured Republic. MK: Despite our divisions, Levin President Trump — the That’s never going to really going to be the el, that people will get to We’ve seen in the devoted his recent John W. idea is that we ought to find happen.” only answer for this? see what their neighbors recent political past that ways to unify Americans That you’ll see some are up to and say, “Yeah, it’s been successful to be Pope Lecture at N.C. State YL: University to the idea that by drawing clearer lines be- Right. communities that are that works,” or, “No, I divisive. … How do you tween “ours” and “others.” more unified, that, was right. That’s doesn’t convince others within Americans are searching for MK: political solidarity. Levin [It is] a concern for Are there some real perhaps, lean more left, work”? the political realm that “Americans first,” for opportunities, do you some communities that this other idea of making discussed this concept with YL: Mitch Kokai for Carolina although that language think, to take some from are more unified that lean Exactly. I think that’s locals have more power Journal Radio. certainly does have a dark one side, some from the more to the right? right. You know, we’ve and … building up more past, it seems to me the other, and maybe find always thought in some solidarity is a good way YL: way it’s used today is really something that does I think you will see degree of this — of federal- to go? about making this a home unify? some of that. There’s no ism — as a kind of mode of YL: for Americans in a way that way around that when you experimentation, allowing I think you would want YL: allows Americans to be uni- I think the American turn your attention to lo- states to learn from one an- to focus on an issue. And so fied together. There are a lot answer to that question has calism. But the fact is: Even other, from both their suc- it seems to me that welfare of problems with how that’s always been “start local.” It left and right mean different cesses and their mistakes. reform is a good place to taken shape in the language is easier to find unity in your things in different places. The same is true at the start. It’s a place where the of the administration and in community than it is to find And it does seem to me that local level. And so, abso- problems to be solved are the policies. But I think the it at a national level. And if we think of our parties as lutely, try it out is often the very different from place desire is there. The desire ultimately, when we build broader national coalitions only way to know if a new to place, and where the ar- for solidarity is there. national unity, we often that take into account re- idea is a good idea. And gument for localism makes Similarly on the left, build it — at least in peace- gional differences as well as so better to try it out first sense as a practical matter, where I have also a lot of time — by building up from ideological differences, we’d at the local level and the as well as a human matter, problems with how policy the bottom and not by build- be in a better place to find state level than to impose as a spiritual matter. The ideas are taking shape and ing down from the top. And our path toward unity, or at upon the whole country an problems to be solved run with how language is used so it seems to me that this least toward accommoda- idea that ends up being a very deep. And so I think I and has fallen into a kind of is a moment to decentralize tion at the national level. disaster. would start by advancing identity politics, I do think power in American politi- And so I’m a big believ- an agenda of welfare reform MK: there is a desire there to find cal life and to find ways to er in federalism. I’m a big Obviously, this is that is rooted in an idea of ways to unify Americans empower communities, to believer in subsidiarity, in an interesting concept federalism and decentral- across lines. And that desire empower civic institutions, allowing solutions to arise that we’re talking about ization. is what we can work with. even to empower families from the bottom up. That here. Are you hearing MK: I don’t think that there’s a — to have more control is ultimately just a better anyone who’s in a posi- Do you see a push lot constructive in contem- over their lives in ways that way to make it possible for tion of power actually toward doing that any porary identity politics, but might allow them to find people to work together making these same types time soon? the desire for solidarity can their path toward unity, even when they disagree. of arguments, or is this YL: be a place to start for poli- to rediscover what unifies The disagreements are not something that we need … At this point, it tics that’s more focused on them with their neighbors. going to disappear. And to inculcate within the doesn’t seem as though where America ought to be. And, ultimately, that is the so what we need are ways political class? Donald Trump wants to do Listen to this and other way to build up the path of living with them and it. And so I wouldn’t count interviews online: MK: YL: Now, some people toward greater national ultimately of finding some It’s certainly something on it happening, but talking www.carolinajournal.com/radio may hear us and think, unity, too. commonality. we need to inculcate. There about it is a good start. 20 CAROLINA JOURNAL // JUNE 2018 COMMENTARY

EDITORIAL Bridging the state’s health care divide

ere’s a simple illustration of concern is persuading trained and the urban/rural population qualified practitioners to work and divide in North Carolina: live in areas that — aside, perhaps, The state’s two most-populous from natural beauty and a low-key Hcounties — Wake and Mecklen- lifestyle — offer fewer amenities burg — are home to about as many and lower incomes than cities, people as the total number of resi- large towns, or suburbs. dents in the 18 smallest counties. The General Assembly may The spread between dense and take a stab at part of the problem sparse is growing. during the current legislative Community leaders and poli- session with House Bill 999. The cymakers have noted this gap in measure would offer a financial myriad ways: income, job oppor- boost to nurse practitioners and tunities, quality of education, and physician assistants who practice access to private and in rural areas. public services, among It would move $3 others. Finding health million in recurring care nearby of any General Fund spending kind, let alone getting Ratios of to the Department of the most-sophisticat- Health and Human ed medical treatments, doctors Services’ Office of has gained more and Rural Health. Of that, attention among rural dentists to $800,000 would go to lawmakers, as report- the N.C. State Loan ed recently in a series patients Repayment Program of stories by Carolina are — a fund run by DHHS RURAL HEALTH CARE. Death rates are higher, and life expectancy and overall health quality often are stunningly lower than what you’ll see near the large population centers. Journal’s Dan Way. shockingly — forgiving as much Ratios of doc- as $30,000 in student tors and dentists to low. loan debt to medical patients are shock- providers who make a nursing experience to be certi- crunch. They also may save every- H.B. 999 isn’t the only answer. ingly low. Death rates two-year commitment fied. They can handle most basic one money, as rural North Caro- Lawmakers should look at letting are higher, and life to work in “under- health care for most patients and linians whose “family doc” is only NPs, PAs, and other “advanced expectancy and overall health served” areas. do so for less than doctors typical- a few miles away may take care practice providers” — such as cer- quality often are stunningly lower The $800,000 in H.B. 999 would ly charge. of minor health concerns before tified nurse midwives and dental than what you’ll see near the large go to physician assistants and The state’s repayment program becoming medical emergencies. technicians — operate indepen- population centers. In remote nurse practitioners, who can diag- is aligned with a 45-year-old fed- The bill orders the Office of Ru- dent practices without needing a areas, it’s often quicker getting to nose and treat many illnesses and eral program which either repays ral Health to study formally where doctor’s or dentist’s supervision. a trauma center by helicopter than injuries, prescribe most medicines, loans or gives scholarships to more dentists are needed in rural Or at least consider setting up by ambulance. and — in the case of NPs — order medical professionals who work in areas of the state and report to a pilot programs in low-income, The acute problem for a few and review tests. hard-to-staff areas. Even if the NPs legislative oversight committee remote parts of the state. million rural North Carolinians is They don’t have to complete as and PAs getting this relief move how loan repayment might entice But it’s a start. In large areas of access to basic medical, dental, much training as medical doctors, on after their two-year commit- more dentists to move to those North Carolina, it couldn’t happen and prenatal care. The chronic though NPs must have years of ment, they’re easing a health care places. soon enough.

Free Choice for Workers: A History of the Right to Work Movement

BY GEORGE C. LEEF Director of Research at the James G. Martin Center for Academic Renewal

ORDER NOW AT JAMESON BOOKS 1-800-426-1357 CAROLINA JOURNAL // JUNE 2018 21 COMMENTARY BY JOHN HOOD Freedom Cooper budget relies on extra taxes is a growth hat is a tax increase? legislative leaders have announced Sounds like a simple a General Fund target of $23.9 bil- question. But when lion in 2018-19. That’s about $900 strategy politics intrudes, simple becomes million, or 3.85 percent, more than Wcomplicated — or even convoluted. this year’s budget, and includes One possible definition is a tax another round of significant teach- WHEN POLLSTERS ask voters increase is when you pay more er-pay raises. to list the issues they care about taxes this year than you did last The governor isn’t satisfied. He most, economic concerns usually year. But what if you get a pay wants a $1.5 billion spending hike rank high — even when unem- raise at work? All other things in 2018-19 plus another big budget ployment rates are relatively low. being equal, it is certainly the case increase in 2019-20. One of the There’s a stolen base here, that if your taxable income rises, ways Cooper proposes to pay for it however. With very few excep- the amount of income tax you pay is to freeze the corporate tax at the tions, most people think a rapidly rises, too. But that doesn’t really current 3 percent, and to keep the growing economy is critically feel like a tax increase, does it? 5.5 percent personal rate for some important. They recognize that The definition gets more high-income taxpayers. other social problems usually get problematic if you recognize that Under Cooper’s plan, would the better if jobs are plentiful and changes in tax policy aren’t always affected companies and households incomes are rising. Where voters intended to be permanent. For pay more next year than they will differ is how policymakers can example, if lawmakers impose this year? No. But they would most effectively boost growth. So a temporary tax hike to balance clearly pay more than current law including economic concerns in a a governmental budget during allows. Flowery language aside, the list that also includes, say, educa- a recession, or a surtax over a administration properly books its tion or tax relief can obscure what fixed period of years to pay for a last payment, and then having state tax rates are scheduled to de- proposal as an increase in tax col- voters really value. Some will rank particular capital project, would it the lender tack on an extra two cline during the coming year — to lections — of nearly $400 million “the economy” as a top issue, even be a tax hike if they later chose not months of payments. Your month- 5.25 percent on personal income, over the next two fiscal years. as they are thinking about specific to let the higher tax rate expire as ly budget would stay the same. down from about 5.5 percent, These extra taxes Cooper wants policies that, in their minds, will promised? Yet you’d conclude, properly, that and to 2.5 percent on corporate to collect fall far short of what improve the economy. Technically, the next year’s tax you’d been swindled. The price income, down from 3 percent. progressives want. They think In North Carolina, we have for bill would look the same as the tag you were promised would not The Cooper administration state spending is billions of dollars many years witnessed a robust previous year’s tax bill. But you’ll be the price you actually end up wants to spend upward of $1 bil- too low. Still, $400 million is a lot debate about how best to enhance pay more tax than you otherwise paying. lion more than the GOP-led Gen- of money. And North Carolinians our state’s economic competitive- would have. It would be like taking Under the budget enacted by eral Assembly would like over the are surely entitled to accurate ness and growth rates. Republi- out a car loan, getting to the Republican lawmakers last year, next two fiscal years. Specifically, information about it. cans argue the tax reductions and regulatory relief they’ve enacted READING LIST were wise investments in future economic growth, in part by making it more likely that new or expanded business operations and Goldberg book tells valuable tales professional enterprises will be in WHEN EXPLAINING North Carolina. it and says, ‘I don’t see the of the West, Jonah Gold- brand-new car in a field,” Democrats argue that it would modern American conser- use of this; let us clear it berg explores this thesis Goldberg writes. “Left have been more growth-enhanc- vatism to students, I mix away,’” Chesterton wrote. with wit, wisdom, and an untouched for a decade or ing to forgo the tax cuts, in favor my methods. There are “To which the more intelli- infectious dose of intel- two, it will still be the same of spending more on education tables and charts. There gent type of reformer will lectual curiosity. Goldberg car.” But it will show signs and other public services, as well are lengthy readings from do well to answer: ‘If you mixes his methods, too. He of corrosion and decay. A as to forgo the regulatory relief, on ancient, medieval, and don’t see the use of it, I cer- supplies plenty of empiri- century later, “a passerby the grounds employers, entrepre- modern thinkers. There are tainly won’t let you clear it cal data and philosophical will find a shell and some neurs, professionals, and workers philosophical arguments. away. Go away and think. reasoning in support of his relics.” After a thousand would place a higher value on the And there are stories, lots Then, when you can come timely argument that the years, “it may be like there anticipated environmental or safe- of stories — comedies, back and tell me that you blessings of the Enlighten- was never a car there at ty benefits of the regulations than tragedies, analogies, and do see the use of it, I may ment are imperiled by the all.” Constitutional gov- on the lower costs that come from parables. allow you to destroy it.’” persistence of cognitive bi- ernment, free enterprise, reforming or eliminating them. Among the latter, a Notice that Chester- or valuable. ases, tribal identities, and the voluntary associations The two alternatives represent favorite of mine is Ches- ton didn’t say the fence These people could be the emotionally gratifying that form civil society — core philosophical differences, but terton’s Fence. The British — representing social mistaken, of course. Hu- but foolish schemes of pro- they are just as subject to that doesn’t mean they aren’t test- writer G.K. Chesterton in- institutions or traditions — man beings are fallible. But gressives and populists. corrosion and decay. able propositions. I have prepared troduced it in his 1929 book shouldn’t be removed. Both the fallibility principle ap- Goldberg posits that “Nature takes back a test score for each. The Thing. An illustration characters in the parable plies to past, present, and the Enlightenment-era everything,” Goldberg later I keep a running tally of all of the critical importance are “reformers.” future humans. Forcibly classical liberalism that warns, “unless you fight it peer-reviewed studies examining of tacit knowledge, the Rather, Chesterton’s changing things with- produced “the Miracle” — off with every pitchfork at relationships between state policy parable began with Ches- point was that institutions out fully understanding the unprecedented surge your disposal.” After read- factors and growth measures such terton imagining a fence or and traditions have his- origins, complexities, and in human well-being of ing, you may well grab the as gross state product, job cre- gate across a road. tories. Over the course of consequences can produce the past two centuries nearest farming implement ation, income gains, and business “The more modern type time, many people appar- disaster. — is both indispensable and join us. I’ll be the one starts. My database contains near- of reformer goes gaily up to ently thought them useful In his new book Suicide and artificial. “Imagine a holding the ax. ly 1,000 such studies published since 1990. Based on the empirical evi- regulations — have stronger eco- with a 5 percent increase in real economic growth. But they don’t state policymakers should find dence, N.C. Republicans get an nomic performance than less-free per-capita GSP.” find a link to expenditures. ways to boost economic freedom A. Most studies show that, after jurisdictions do. The Democratic thesis? I’ll Only a third of studies find while making their education and adjusting for a range of control One new study from the journal give it a D. Most studies do show that states with larger education infrastructure systems more pro- variables, states and localities Contemporary Economic Policy a correlation between conditions budgets have stronger economic ductive. North Carolina’s legislative with higher degrees of economic found that “a 10 percent increase such as educational attainment performance, for example. leaders would say that’s precisely freedom — lower taxes, fewer in economic freedom is associated or infrastructure quality and state These findings suggest that what they’ve been doing. 22 CAROLINA JOURNAL // JUNE 2018 COMMENTARY Economic freedom, press freedom go hand in hand

course of their work, the collat- eral victims of a deadly situation such as an air strike, an artil- Curbing or lery bombardment, or a suicide regulating the bombing,” the report said. “The other 39 were murdered and de- Fourth Estate JOHN TRUMP liberately targeted because their unsettles an MANAGING EDITOR reporting threatened political, indispensable economic, or criminal interests. … The aim in each case was to pillar, the failure of reedom of the press and the silence them.” which would send freedom to operate in a free In May, a radio news host was and open market are critical killed in southern Mexico, bring- our ideals and way to maintaining the ideals of liber- ing to at least 32 the number of of life crashing Fty and democracy. journalists killed since 2012. Those points are unassailable. “Fernando Valenzuela, the chief down upon us. Going further, snarky, prosecutor of the Gulf coast state mean-spirited, and even physical- of Tabasco, said radio host Juan ly threatening attacks on credible Carlos Huerta was killed in his car journalists must stop. Curbing by gunmen traveling in another never been a democratic society or regulating the Fourth Estate vehicle,” The Washington Post that respects individual rights unsettles an indispensable pillar, reported. without at least a minimum of The freer a country is econom- have a low level of press freedom. the failure of which would send “The attackers pulled up to economic freedom.” ically, they say, the greater the “But the data show that a min- our ideals and way of life crashing Huerta’s car, then ran into the ve- In a real market economy, the chance that the press will be free. imum level of economic freedom down upon us. hicle, forcing him to stop. A man MEI authors say, “an avid defend- Countries with scant economic is a necessary precondition to A stark essay by Kevin Brookes got out and shot Huerta before er of socialism will always have freedom generally don’t have a ensuring a minimum level of press and Patrick Déry, public policy fleeing. Two .45-caliber shell cas- the possibility of finding donors, free press. Consider Venezuela, freedom: For 2015, the last year analysts at the Montreal Eco- ings were found at the scene. investors, and readers to finance Bolivia, Argentina, or Algeria. for which data [are] available, nomic Institute, reinforces these “The killing did not seem to be the dissemination of his opinions. North Korea. no country with a free press is in principles, starting with a terrible random or robbery-related, Tabas- But in an economy controlled by “By increasingly controlling the bottom quartile of economic statistic. co Gov. Arturo Nunez said. the government, diverging opin- and regulating their economies freedom. In countries with a high Sixty-five journalists were “‘They apparently went to exe- ions will have greater difficulty over the past decade and a half, degree of economic freedom, few- killed in 2017, according to a cute him,’ said the governor, who being heard because of bureau- the governments of these coun- er journalists are attacked, fewer report from Reporters Without described Huerta as a friend.” cratic obstacles, the difficulty tries have substantially wounded laws and regulations are imposed Borders. This includes 10 women, Expanding economic freedom is of finding financing, and even the media.” on the media, and there is less po- double the number from 2016. one step toward making the world outright censorship. A good way The authors point out that eco- litical pressure to control content. That’s not fake news. a safer place for journalists, they to silence a media outlet is to tax nomically free countries such as Economic freedom is simply good “Twenty-six were killed in the write. “In modern times, there has or regulate it.” Singapore sometimes, conversely, for journalists.” Is it time to implement a mileage tax?

People who use roads more pay less money collected from the gas for heavier vehicles and lower for more than people who use roads tax. With an all-electric or mostly lighter vehicles. less. The more we drive, electric vehicle, either no gas tax- There are legitimate concerns The gas tax is also a user fee. the more gas we es are collected, or the gas taxes about the privacy of drivers’ The more we drive, the more gas use, so if we pay collected are significantly lower. trips. To accept a mileage tax, MICHAEL WALDEN we use, so if we pay a set number Both of these changes are break- people will have to be convinced COLUMNIST of cents per gallon of gas when we a set number of ing the traditional link between their driving information won’t fill up, there will be a direct link cents per gallon of road usage and the gas tax. be shared with either public or between our use of the roads and There are studies already private entities. TWO DECADES AGO I wrote an revenue collected from the gas tax. gas when we fill showing states losing hundreds of Still, the world is changing, and op-ed piece discussing the idea of Or, at least there used to be. The up, there will be a millions due to the improvements digital data are being used for a mileage tax as a replacement for gas tax is being impacted by two in fuel efficiency and the use of more and more of our daily trans- the gas tax. Those were also the changes, both tied to our society’s direct link between alternative fuels. Some experts actions. I expect the tech sector days when people wrote letters or desire to reduce the carbon foot- our use of the think gas tax revenue could run will continue to add safeguards made phone calls. print of vehicles. out sometime this century. and security that will enhance the I received several letters about First, fuel efficiency — miles per roads and revenue This is where a mileage tax privacy and confidentiality of all my column, but one was particu- gallon of gas — is increasing. This collected. comes in. A mileage tax is not im- these transactions. larly interesting. The writer said is good because it means we can pacted by gains in fuel efficiency Surveys do show that attitudes anyone attempting to track his travel farther on a tank of gas, and or use of different kinds of fuel. If about the mileage tax are chang- mileage to levy a tax would first therefore gas-powered vehicles getting more miles per gallon of you drive a mile, you pay a set fee ing, with younger people being have to get past his shotgun. I aren’t emitting as much pollution gas and having hybrid and elec- for that mile. more comfortable and accepting of don’t think he liked the idea of a into the atmosphere. tric-powered vehicles good things? How much would a mileage the idea. mileage tax. Second, alternative fuels are Yes — good for you and me and tax be? Current estimates say a So, there may be a future in A mileage tax is simply a way appearing. Hybrid vehicles and good for the environment — but mileage tax of between 2 and 3 which drivers are taxed by the mile of collecting money from drivers electric-powered vehicles are be- not good for gas tax revenue. cents per mile would be adequate and not the gallon. to pay for roads. It’s based on the coming more and more common. Here’s why. As fuel efficiency to fund today’s roads. But since the principle that a driver’s use of a In the future, some experts think rises, drivers are getting more wear and tear created by a vehicle Michael Walden is a Reynolds road is directly related to how there might be natural gas-pow- miles per gallon of gas. This is related to the weight of that ve- Distinguished Professor at North many miles are driven. A mileage ered vehicles. means the same wear and tear on hicle, there are recommendations Carolina State University. He does tax is an example of a user fee. So, what’s the problem? Aren’t the roads is occurring, but with to make the mileage tax higher not speak for the university. CAROLINA JOURNAL // JUNE 2018 23 COMMENTARY Josh Stein, Democrats, and the rule of law

the government sticking its nose ny that have strong progressive The episode also says a lot about into their business. A 2010 Pew credentials. The United Nations today’s Democratic Party. Republi- Hispanic Center poll revealed 80 recommends members ask such a cans get a lot of criticism for their percent of foreign-born Hispanics question. It’s also against U.S. law positions on immigration, much of thought that year’s census would for the government to use any in- it deserved. But compared to the have a “good” impact on their com- formation gleaned from the census past, Democrats are now much ANDY TAYLOR munity, 23 percentage points more against an individual. less interested in the millions of COLUMNIST than native-born Hispanics. So why is North Carolina party to immigrants who have embraced Opponents of the citizenship the lawsuit? Because this is about American values, provide needed question worry its novelty will the ambitions of Stein and the skills, and become proud citizens by s soon as the U.S. Depart- make participants wary. That Democratic Party. The lawsuit is playing by the rules. They would ment of Commerce an- hasn’t stopped a new same-sex one of many he has joined to block prefer to win cheap points by char- nounced its proposal to add marriage question being asked the federal government’s environ- acterizing Republicans as “cruel.” It a citizenship question to the 2020 in 2020. Moreover, a citizenship mental, energy, education, health is easier to stand up for individuals

Acensus, there were howls of protest. question has been posed before. It CARRINGTON DON BY PHOTO CJ care, and immigration policies. It’s whose stories tug at heart strings Very quickly, more than a dozen was asked of all respondents up POLITICAL LAUNCH PAD. Attorney therefore hard to avoid the ap- than something as abstract as the Democratic state attorneys general, until 1950 and a sample of partic- General Josh Stein pearance he and his colleagues are rule of law. Yet behind every person including North Carolina’s Josh ipants in every census since then. orchestrating their actions through who has laid down roots in this Stein, filed a lawsuit to prevent the The question was omitted from the the national Democratic Party to country but overstayed his visa agency from moving ahead. Their full census for the past 70 years play to its base. This isn’t about le- by years lies hundreds of faceless argument is essentially this: Since because the proportion of the U.S. gal principles, the state’s interests, others who respect U.S. law and immigrants are so skittish at the population who were foreign-born basis. But at about 5 percent, North or even policy. It’s about politics. left for their home country or went moment — the federal government was relatively low. It’s back at his- Carolina’s noncitizen population The position of state attorney through the proper process to ob- is led by Donald Trump, after all — torically high levels now. Removing is lower than the nation’s. We’d general has traditionally been a tain residency or citizenship. There they’ll be afraid to respond to the the question from the full survey in be more confident of getting our launch pad for a political career at are also thousands of industrious census, preventing the government 1960 didn’t improve undercounts “fair share” if only citizens were the highest levels. There are eight and decent people living in poverty from fulfilling its constitutional — which, by the way, are highest counted; meaning by Stein’s logic former occupants of the position or under despotic governments who mandate to get an actual enumera- among renters and the transient, Commerce should actually insert a sitting in the U.S. Senate, and six would prefer to be in the U.S. but are tion of the country’s residents. regardless of their race or ethnicity. citizenship question. of them are Democrats. Stein’s two unwilling to come illegally. What It’s a poor one. If a citizenship Stein has justified North Caro- The census is about as clear a immediate predecessors, Demo- about them? What do the Demo- question makes you twitchy, you’re lina’s participation in the lawsuit federal government function as crats Mike Easley and Roy Cooper, crats of today offer rule followers? unlikely to feel comfortable giving saying only a full count helps us there is. It’s the right and obliga- went on to become governor. Stein the feds other personal information get our “fair share” of congressio- tion of sovereign nations to know is considered “one to watch.” Andy Taylor is professor of political — including your race, which pro- nal seats, schools, and roads. The how many people living within The citizenship question lawsuit science at the School of International gressives believe is essential to any census is crucial in determining their borders are citizens. It’s done burnishes his credentials with the and Public Affairs at N.C. State survey. What’s more, immigrants the amount of important federal by dozens of countries, including Democratic Party’s increasingly University. He does not speak for the aren’t more likely to worry about resources states get on a per-capita those like Canada and Germa- dominant left wing. university. Vote wisely when considering constitutional amendments

some contentious issues, such as each house shall adopt an would prohibit condemnation limit the length of legislative those dealing with election laws, act submitting the proposal of private property except for a sessions, House Bill 413 would impeachment, and litigation. Joint to the qualified voters of the public use and provide for just limit service in the General resolutions and bills vetoed by the State for their ratification or compensation with right of Assembly to 16 years, House governor, including three not yet rejection. trial by jury in condemnation Bill 193 would extend legisla- overridden from last year, can be cases. tive terms to four years — now BECKI GRAY considered. Although the General Assembly • House Bill 551 would strength- two-year terms — and House SENIOR VICE PRESIDENT Bills proposing amendments to can initiate changes to the con- en protections and establish Bill 105 would limit the gov- JOHN LOCKE FOUNDATION our state constitution are eligible stitution, the power to actually rights for crime victims. ernor and lieutenant governor for consideration during the short change it lies with the people. All • House Bill 145 would repeal the to a lifetime maximum of two session. lawmakers can do is bring amend- constitutional provision that terms. WHAT CAN LAWMAKERS consid- North Carolina has had three ments before us for our vote. allows the General Assembly New constitutional amend- er during the 2018 short session? constitutions — 1776 after the Eighteen constitutional amend- to prohibit carrying concealed ments can be proposed during the Not everything is eligible. Rules Declaration of Independence, 1866 ment bills were introduced during weapons. short session. One likely proposal from the long session adjournment after the Civil War brought North the long session. Because of the el- • House Bill 819 and Senate Bill is a requirement for identification resolution limit what can be con- Carolina back into the Union, and igibility rules for the short session, 632 would clarify the right to when voting. Judicial selection, sidered during the short session. 1971, during a reorganization of more will probably be introduced. live includes the right to work moving toward a retention election Important issues such as school state government. The current con- • Senate Bill 74 proposes to and that right shall not be or merit-based process from our funding, certificate-of-need repeal, stitution has been amended more cap the income tax rate at 5.5 denied because of membership current system of competitive work requirements for Medicaid, than 20 times. percent. It’s now capped at 10 or nonmembership in any labor elections, may be considered. repeal of the capital gains tax, Section XIII reserves the power percent. The personal income union. Leaders have hinted for months changes to the ABC system, and to amend or change the constitu- tax rate will drop to 5.25 per- • Senate Bill 702, House Bill that numerous amendments may more will be delayed until the 2019 tion to the people. It can be done cent in 2019 due to tax cuts in 735, and House Bill 674 would be brought forward. long session. either by a convention of the people the state budget. establish an independent redis- North Carolina’s constitution But there’s still plenty of short or by legislative initiative. • Senate Bill 677 would protect tricting commission. lays out the process for voting on session work for legislators. Cross- the right to hunt, fish, and • House Bill 133 would provide amendments initiated by the Gen- over bills are OK, as are all budget A proposal of a new or harvest wildlife. for the election of the State eral Assembly. In addition to voting bills and any affecting the pension revised Constitution or an • House Bill 727 would impose Board of Education. Members for your congressman, members or retirement system. Recommen- amendment or amendments constitutional limits on the are now appointed by the of the General Assembly and local dations from study committees, to this Constitution may growth of state spending to the governor. candidates and issues, expect to be local bills, and appointment bills or be initiated by the General annual growth rate of inflation • Several proposed amendments asked to amend our state consti- action required by the governor are Assembly, but only if three- plus population. would limit government tution. It’s not only a right, but it’s OK, too. Lawmakers can bring up fifths of all the members of • House Bill 3 and Senate Bill 34 service. House Bill 682 would also a responsibility. Use it wisely. 24 CAROLINA JOURNAL // JUNE 2018 POLLS Civitas Poll: Are U.S., N.C. headed in the right, wrong direction?

CIVITAS POLL CIVITAS POLL CIVITAS POLL CIVITAS POLL CIVITAS POLL President Trump’s job Gov. Roy Cooper’s job If the 2016 presidential Is the United States heading Is North Carolina heading approval rating: approval rating: election were held again in in the right or wrong in the right or wrong 2018, who would you vote direction? direction? for?

● 33% STRONG APPROVAL ● 22% STRONG APPROVAL ● 45% DONALD TRUMP ● 40% RIGHT DIRECTION ● 40% RIGHT DIRECTION ● 18% SOMEWHAT APPROVE ● 34% SOMEWHAT APPROVE ● 37% HILLARY CLINTON ● 52% WRONG DIRECTION ● 48% WRONG DIRECTION ● 11% SOMEWHAT DISAPPROVE ● 16% SOMEWHAT DISAPPROVE ● 5% GARY JOHNSON ● 8% DON’T KNOW/UNDECIDED ● 12% DON’T KNOW/UNDECIDED ● 36% STRONG DISAPPROVAL ● 18% STRONG DISAPPROVAL ● 2% JILL STEIN ● 2% DON’T KNOW/UNDECIDED ● 10% DON’T KNOW/UNDECIDED ● 11% DON’T KNOW/UNDECIDED

The Civitas Institute surveyed 600 likely voters between May 1-3 through a live caller model. The margin of error is plus or minus 4 percent.

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