Ex-GOP senator challenges legislator's ethics

Former state Sen. Fern Shubert has filed what might be the first complaint against a lawmaker since a new ethics law took effect Jan. 1, accusing Rep. Pryor Gibson of falsely claiming that a local bill he filed was noncontroversial and had the support of his colleagues.

Last year, Gibson filed a bill that would have given the Union County city of Monroe the right to delay a referendum on adding a tax on prepared food and beverages. The bill also would have granted two other Union County towns extraterritorial jurisdiction up to a mile beyond their borders.

Because 2006 was a short session, the House and Senate rules did not allow such local bills to be filed unless there was no opposition. Gibson, an Anson County Democrat who represents part of Union County, filed a signed statement that in part says, "The bill is approved for introduction by each member of the House of Representatives and Senate whose district includes the area to which the bill applies."

But after Gibson filed it, two Republican lawmakers whose districts cover all or parts of Monroe said Gibson had not informed them of his bill. Both said they had concerns about the legislation. This week, Gibson confirmed that he did not clear his bill with the two lawmakers.

He said he didn't think he needed to contact Rep. Curtis Blackwood because his district covers a small portion of Monroe and does not include the two towns that sought extraterritorial jurisdiction. As for state Sen. Eddie Goodall, who represents the entire county, Gibson said he didn't think the bill would have caused the senator any heartburn.

Gibson said he withdrew his bill once he learned of Goodall's concerns. But the legislation did not die. Gibson later inserted it into another bill, which passed the legislature. Monroe then delayed the referendum.

Shubert, a Marshville Republican who used to represent Union County, said both parts of the bill were controversial. Gibson's true purpose in filing the bill was to push back the referendum so that it would not be on the ballot at the same time he was seeking re-election, she said.

Gibson said his re-election played no role in shifting the referendum. Gibson defeated Jim Bention, a Monroe Republican, by a nearly 2-1 margin.

Shubert said she waited to file the complaint under the new law to see whether lawmakers will take ethics complaints seriously. But the new law does not allow lawmakers to apply it to cover actions that took place before Jan. 1.

Moore even with Perdue

State Treasurer Richard Moore has pulled even with Lt. Gov. Beverly Perdue in the race for the Democratic nomination for governor in 2008, according to a poll released Wednesday.

Moore had the support of 26 percent of Democrats surveyed, compared with 25 percent for Perdue, according to a statewide survey conducted for the Raleigh-based Civitas Institute. Half the voters said they had yet to choose a candidate.

Most polls have shown Perdue with a double-digit lead over Moore.

"It's very early, but all reliable polling information indicates that Lt. Gov. Beverly Perdue has a respectable lead," said Peter Reichard, Perdue's finance director. "We believe this poll is simply wrong."

On the Republican side, voters are still looking for a candidate.

U.S. Rep. Sue Myrick, who isn't running, leads with 23 percent, followed by Salisbury lawyer Bill Graham with 8 percent, state Sen. Fred Smith of Clayton with 5 percent, and former state Supreme Court Justice Bob Orr, 3 percent.

The survey of 800 North Carolina voters was conducted Jan. 8 through Jan. 13. There were 392 Democrats, 304 Republicans and 104 others interviewed. The margin of error for the gubernatorial primary polls is 5.2 percentage points.

Medicaid rules little revised

When older and disabled North Carolinians faced tough new restrictions on applying for Medicaid, advocates and some county officials opposed the change.

The state Division of Medical Assistance agreed last year to take more time on the regulations but has wound up barely budging.

The DMA, which oversees Medicaid, had no option on some of the changes. Last year's federal Deficit Reduction Act dictated that gifts by Medicaid applicants to relatives or charity would be considered going back five years instead of three. What upset people were proposals on how people could get waivers from the rules in cases of undue hardship. Opposition came from AARP, the N.C. State Bar, the long-term care lobby and Hospice and Home Care of North Carolina.

"Undue hardship was meant to be the safety net," said Wendy A. Craig, an Asheville lawyer who heads the State Bar's elder care division. "North Carolina is taking such a restrictive view that there's not going to be a safety net."

The division will present slightly rewritten regulations to the state Rules Review Commission today.

The rules will still require some older people to hire attorneys and get written opinions from doctors. But they will offer more leeway on recipients' having to ask for money back to prove they were not trying to cheat Medicaid, said Marjorie Morris, chief of the Medicaid eligibility unit at the Division of Medical Assistance.

The rules could take effect as early as March 1.