INSIDE THIS ISSUE: DEPARTMENTS Federal North Carolina 2 C A R O L I N A Education 6 court strikes Local Government 10 From Page 1 14 down health Higher Education 17 care man- Books & the Arts 20 Opinion 24 date/4 A MONTHLY JOURNAL OF NEWS, ANALYSIS AND OPINION Parting Shot 28 JOURNALFROM THE JOHN LOCKE FOUNDATION September 2011 Vol. 20 No. 9 STATEWIDE EDITION Check us out online at carolinajournal.com and johnlocke.org Fishermen at Odds Over ‘Game Fish’ Bill Consumers could see choices dwindle if legislation passes By Sara BurrowS Associate Editor RALEIGH ed drum, spotted sea trout, and striped bass could be taken off the menu and off the market if Ra bill designating the three fish “game fish” becomes law. The law would make the species off-limits to commercial fishermen and consumers in order to preserve them for sport fishermen. Bill sponsors claim the species are more valuable to recreational fisher- men than to commercial fishermen and that making them game fish would at- tract tourism, create jobs, and generate revenue for the state. These red drum, on sale at a seafood store on the North Carolina coast, would no longer be available for sale in stores if a bill Commercial fishermen disagree, proposed in the North Carolina legisature is passed. (Photo provided by Chris McCaffity) saying taking the fish away from them mercial fishermen over who controls Atmospheric Administration, the state House Bill 353, to “nurture” recreation- would cost the state money, destroy the fish in the sea. has the potential to make it a $10 bil- al fishing to its full potential. jobs, and limit choices to consumers. Recreational fishing is a $3.7 bil- lion industry. The bill takes red drum, spotted The bill highlights an ongoing lion industry in North Carolina. Ac- Rep. Darrell McCormick, R- debate between recreational and com- cording to the National Oceanic and Yadkin, said that’s why he sponsored Continued as “Game Fish,” Page 14 Politicos Brace For Fights Over Amendments PAID likely to surface when the legislature RALEIGH, NC U.S. POSTAGE reconvenes Sept. 12 address eminent PERMIT NO. 1766 NONPROFIT ORG. Eminent domain, domain, traditional marriage, and term limits for top legislative leaders. same-sex marriage, Those “have been the most dis- cussed among our members,” said Ray term limits on agenda Martin, press secretary for Republican Senate leader Phil Berger of Rocking- By DaviD N. BaSS ham County. “That doesn’t mean they Associate Editor necessarily will be considered during RALEIGH the session, nor does it mean addition- or six months they wrangled al amendments won’t be considered.” over budgets, redistricting, guns, Other proposed changes to the abortion, obesity, tort reform, and jority clout, Republicans have a rare constitution cover the spectrum of Fcharter schools. Now, lawmakers in opportunity to incorporate their val- political issues: monetary policy, elec- the state’s capital are poised to take an- ues into the state’s highest governing tion law, redistricting, and government other dip into the partisan maelstrom document, and they need only a smat- transparency. during a mid-September session de- tering of Demcoratic support — plus a Amendments must be passed by voted to constitutional amendments. majority vote of North Carolinians — The John Locke Foundation 200 W. Morgan St., #200 Raleigh, NC 27601 Wielding their newfound ma- to do it. The three amendments most Continued as “Politicos,” Page 15 PAGE 2 SEPTEMBER 2011 | CAROLINA JOURNAL North CaroliNa C A R O L I N A Auto Body Trade Next to Face State Licensing? By Sara BurrowS JOURNAL Associate Editor RALEIGH Rick Henderson Managing Editor rom bent frames, to bad welding jobs, to fenders filled with Bondo, Don Carrington Charlotte-area auto repair inspec- Executive Editor Ftor Billy Walkowiak finds repair after repair after repair that he deems un- David N. Bass, Sara Burrows safe. To prevent such “hack jobs,” he Mitch Kokai, Michael Lowrey thinks all auto body shops in North Associate Editors Carolina should be licensed. Walkowiak’s business — Colli- sion Safety Consultants — provides Jana Benscoter, Kristy Bailey post-collision repair inspections to Kristen Blair, Roy Cordato ensure vehicles have been restored to Becki Gray, Sam A. Hieb Lindalyn Kakadelis, George Leef “pre-accident condition in regard to Karen McMahan, Donna Martinez function, safety, appearance, and val- Karen Palasek, Marc Rotterman ue.” When they haven’t, Walkowiak Overuse of Bondo filler by repair shops is a common practice that proponents say Michael Sanera, Tara Servatius helps vehicle owners “fight” their re- licensing would allow them to police. (CJ file photo) George Stephens, Jeff Taylor pair shops and insurance companies Michael Walden, Karen Welsh until the repair is done right. Some- fixes a car, the safety of your family, pations: Ensuring Quality or Restricting Hal Young, John Calvin Young times Walkowiak offers to repair the doesn’t have to have a license?” Competition? Contributors car himself. Right now, he said, there’s no Licensing an occupation typically Walkowiak sees himself as an ad- place for people to file a complaint. If is associated with a 15 percent wage in- vocate for people who’ve been “ripped it were up to Walkowiak, auto body crease for members of that occupation, Adam Barrett, Nicole Fisher technicians may not need a degree to Kleiner said. This partially may reflect Anthony Hennen, Zryi Mai off” by repair shops and the insurance companies who recommend and guar- get licensed, but “maybe some sort of a premium for higher human capital, Jonathan Martin, Erin McBrayer certification from I-CAR,” the interna- but more likely is due to the lack of Landon Nobles, Daniel Simpson antee the shops. tionally recognized training organiza- competition that licensing creates. Kristin Szafranski, Alissa Whately Although Walkowiak makes Interns his living protecting people from bad tion where he was certified, or from a Along with higher wages for car repairs, he said he can’t do the community college. employees come higher prices for con- job alone. He needs the government’s “They just need something, sumers, added Fergus Hodgson, direc- Published by help. He has suggested creating a new anything to prove they’ve got knowl- tor of fiscal policy studies at the John The John Locke Foundation licensing board under the state’s De- edge,” he said. “And not even so much Locke Foundation. 200 W. Morgan St., # 200 partment of Insurance. State Insurance that. The major reason for the license is “We’d be making the burden of Raleigh, N.C. 27601 Commissioner Wayne Goodwin isn’t so I can call the [licensing board] and maintaining a car even greater than (919) 828-3876 • Fax: 821-5117 say ‘Hey, Bob is doing a bad job repair- it already is,” Hodgson said. “People www.JohnLocke.org ready to go that far, but he thinks the General Assembly should study the ing cars.’” who are poorer and need a job done Jon Ham matter. After two or three complaints, the cheaply will be barred from getting Vice President & Publisher That said, economists who have body shop should be fined, and after their cars repaired.” reviewed the impact of occupational li- several more it should be shut down, Owning a working vehicle often John Hood censing on consumers have found that Walkowiak said. is an essential part of getting or keep- Chairman & President licensing requirements increase costs, Goodwin said his department ing a job, he added. “Whenever we limit competition, and do not necessar- receives a lot of complaints from car raise these costs, we’re just pushing Bruce Babcock, Herb Berkowitz ily increase the quality of the service owners and body shop owners about more and more people into the under- Charlie Carter, Jim Fulghum provided. bad repairs, but he has no power to do class and maybe even away from their Chuck Fuller, Bill Graham anything about it. employment.” Robert Luddy, Assad Meymandi A 25-year-old nurse recently “I’m encouraging the legislature Hodgson agreed with Kleiner Baker A. Mitchell Jr., Carl Mumpower, brought her car in to Walkowiak’s J. Arthur Pope, Thomas A. Roberg, shop for a post-repair inspection. It to study it,” Goodwin said. “I’m not that licensing probably would not im- David Stover, J.M Bryan Taylor, had been hit from behind. Walkow- saying there should be licensure, but prove the quality of car repairs. “If [li- Andy Wells iak tried to measure the thickness of perhaps they should have a board that cense holders] have a monopoly over Board of Directors the paint on the two rear fenders and assures some sort of minimum quality. garages, what incentive do they have couldn’t get a reading, which he said If the legislature recommends creat- to raise the quality?” Carolina Journal is a monthly journal indicated an overuse of Bondo, a filler ing a board, they should model it after While Walkowiak wants a li- of news, analysis, and commentary on state commonly used in auto body repair. what the homebuilders use with the censing board to hold body shops ac- and local government and public policy issues He then helped the young woman “de- Building Code Council, where they countable, Hodgson asks who would in North Carolina. mand” that the body shop and insur- have members of the profession on hold the unelected licensing board ac- ©2011 by The John Locke Founda- countable. “The best way to hold peo- tion Inc. All opinions expressed in bylined ance company look into it. They found there to help give some guidance.” articles are those of the authors and do not holes drilled into the fenders where Walkowiak said he’s spoken with ple accountable is through consumer necessarily reflect the views of the editors of a tool had been used to pull out the Sen.