Jimmy Love's Raleigh Report

October 20, 2010 From the Office of Representative Jimmy L. Love, Sr.

2010-10-26T09:34:00.002-04:00

Over the past few years, we have worked steadily in North Carolina to make voting more convenient and to do our best to ensure the integrity of our campaigns and candidates. With early voting already underway and Election Day closing in, I thought this week would be a good time to remind you of some of the improvements in our laws.

I encourage you to vote early this year if you can, and I hope you will contact me if you have questions, or if I can be of service. Thank you as always for your support and your interest in our state.

Voting

_ We approved a new law that allows residents to register and vote right away at one-stop voting sites during the last 2½ weeks before an election. Under the old law voters could vote early at one-stop voting sites, but registration ended 25 days before an election. The law (SL2007-253) has opened up the voting process by eliminating some of the time barriers. Early voting has become a popular and effective way for citizens to vote in our past two elections.

_ North Carolina’s absentee voting laws have been changed to better able military and overseas voters to cast timely ballots (SL2009-537). This is incredibly important because it is vital that those defending our democracy have the opportunity to participate in the democratic process. This law was updated during this past session to streamline applications for absentee ballots for deployed members of the military. (SL2010-192)

_ Breaching ballot secrecy or trying to convince a person to select a party affiliation other than one of the person’s own choosing is now illegal. The law (SL2007-391) also allows combined ballots and provides civil penalties for officials who are late reporting campaign contributions and expenditures. Penalties can be as high as three times the amount of funds concealed if the State Board of Elections finds that the officials deliberately concealed contributions or expenditures.

Campaigns

_The Government Ethics and Campaign Reform Act of 2010 (SL2010-169) establishes stronger standards for elected officials and government workers. Among other things, the act increases the penalty for illegal campaign donations and improves the state’s campaign finance database by making it easier to search. The law also makes it illegal for a member of the Council of State to coerce political contributions from those who do business with the state by promising preferential treatment or discipline.

_ North Carolina has had publicly financed judicial elections for the past several years, but candidates for state auditor, superintendent of public instruction and insurance commissioner now also have the option to participate in the program. The intent of the law (SL2007-540) is to open up elections to anyone with an interest in running and reduce the influence of increasingly large amounts of money being raised for campaigns. Candidates must raise a total of $30,000 from at least 750 people to qualify for the public financing program. They must then agree to strict fundraising and spending limits. The Government Ethics and Campaign Reform Act of 2010 established a 10-member commission to study issues related to public funding of Council of State races.

_In response to a federal ruling that now allows corporations to spend money on political races, we added new disclosure rules (SL2010-170) to assure that the companies report how much money they are spending on political activity and how it is being used.

_ Candidates for public office must now report when they file for office whether they are convicted felons. (SL2007-369) The conviction will not have to be reported if it was reversed on appeal, pardoned or expunged. Candidates who have a past conviction will be required to report the name of the offense, the date of conviction, the date their citizenship rights were restored, and the county and state of conviction. A prior felony conviction does not prevent a person from holding elective office if the candidate's citizenship rights have been restored. Candidates who do not complete the statement will be barred from appearing on the ballot. A separate bill (SL2010-49) will allow voters to decide this year whether they want to change the state Constitution to prohibit convicted felons from running for sheriff.

_ Legislators who establish legal defense funds must now report donations to those accounts. Under the law (SL2007-349), legislators with these accounts now have to report donations and expenses each quarter. In addition, they also have to abide by restrictions similar to those for campaign accounts. Donations from labor unions, insurance companies, corporations, business entities, or professional associations cannot exceed $4,000 each year. Cash donations must be less than $50 and the report must include detailed information about contributors.

_ The General Assembly established a new Joint Legislative Elections Oversight Committee to give greater attention to both election and campaign finance matters. The 18-member committee will examine budgets, programs, and polices of the State Board of Elections and county boards of elections; election statutes and court decisions; election initiatives in other states, and other matters as necessary.

The law creating the oversight committee (SL2008-150) was a large bill that also included several other provisions to improve elections in North Carolina.

Among the new provisions are:

_ Reauthorization of the instant runoff voting pilot. This provision allows the State
Board of Elections to use instant runoff voting in up to 10 jurisdictions during the 2010 and 2011 elections. Instant runoffs allow voters to pick winners without having to hold costly separate runoff elections. The communities selected will be required to develop and participate in a plan to educate voters and candidates about instant runoff voting.

_ A prohibition on commingling campaign funds with other accounts. The treasurer for a
candidate or political committee must now keep all campaign money in accounts separate from private accounts or accounts into which other money is deposited.

Notes

_ Forbes magazine ranks North Carolina the 3rd Best State for Business in America. North Carolina improved from last year’s Forbes ranking of fifth. In addition, recent statistics from the U.S. Bureau of Labor Statistics show North Carolina is the 3rd best state for declining unemployment and 4th in the nation for job creation.

_ Saertex USA, a manufacturer of technical fabrics for lightweight composite structures for the green energy sector, will expand in Mecklenburg County. The company plans to create 178 jobs and invest $6.5 million over the next three years in Huntersville.

_ Siemens Energy, Inc., a global supplier of products and services for the generation, transmission and distribution of electric power, will expand its operations in Wake County. The company plans to add 139 jobs and invest at least $2.9 million by the end of 2014.

_ Reich LLC, a leading manufacturer of precision vehicle parts will bring a new production facility to Buncombe County. Reich plans to create 56 jobs over three years, while investing $28 million. The company plans to create 79 jobs and invest $33 million over a 5-year period.

_ Save-A-Lot, Ltd., a leading discount grocery chain, will build a new distribution center in Davidson County. The company plans to create 43 jobs and invest $24.45 million during the next three years in Lexington.

Prepared with the assistance of the Speaker’s Office of Communications

Oct. 14, 2010 From the Office of Representative Jimmy L. Love, Sr.

2010-10-15T11:49:00.002-04:00

Several new laws went into place on the first of this month and I wanted to take this opportunity to inform you about a few of them with which you may not be familiar. These laws cover a variety of interests, from our Alcoholic Beverage Control system to our state contracting rules. In each instance, we have tried to pass commonsense laws that will protect the people of North Carolina or streamline our operations.

Thank you as always for your interest in North Carolina and state government. Please contact me if I can be of any service to you.

Better Government
_ In the face of several recent problems with our Alcoholic Beverage Control System, the General Assembly approved a law to modernize the system’s operations. The law (H1717) sets standards for enforcement of ABC laws, store appearance, efficiency and customer service. It also requires local boards to adopt ethics policies and create balanced budgets available for public inspection. Employees will no longer be allowed to directly supervise immediate family members and the salaries of general managers for the boards will generally be limited to the salary of the clerk of superior court in their county.
_We have improved the state’s contract oversight and procedures with a new law approved this past session. The law (S1213) increases the authority of the Secretary of Administration to oversee the review and awarding of contracts. It also requires the state’s Attorney General to review all contracts for supplies, materials, printing, equipment, and contractual services that exceed $1 million. The law prohibits the use of so-called “cost plus” contracts, where the vendor receives a fee based on the cost of the contract.

Consumer Protection

_ Insurance brokers and bail bondsmen, along with principals in finance companies and collection agencies now have explicit directions to report criminal or administrative actions against them or their companies to state regulators, usually within 10 days. The law (H1166) also requires those seeking insurance producer licenses in North Carolina to submit fingerprints to be used for criminal background checks.

_ North Carolina law will now provide additional protections to people working with cemetery companies. The new law (S18) requires that new potential owners of cemetery companies provide evidence that they have sufficient financial means before they are allowed to take ownership of the company. The law also requires the cemeteries to list the cost of opening and closing a grave as part of the contract and forbids them from requiring people who buy grave sites to buy vaults from a particular seller.

_ Homeowners in North Carolina will now be protected from scammers who trick them into selling their homes for less than half of their values to avoid foreclosure. The new law (S1015) also requires that lease option contracts and contract for deed transactions now be in writing to provide additional protections.

Notes

_ Novo Nordisk, a global healthcare company and leader in diabetes care, and Nypro Inc., a global leader in manufactured precision plastics products, will expand operations in Johnston County and Buncombe County. The companies plan to create 241 jobs over the next four years and will invest $161 million combined.

_ FCA, an Illinois-based custom packaging manufacturing company, will open a new facility in Edgecombe County. FCA selected the KanBan Logistics facility located in the Kingsboro Industrial Park to manufacture skids that will house advanced manufactured engines for Cummins, a large industrial company in the region. The company will employ 20 individuals initially with plans to grow to 40 employees.

Prepared with the assistance of the Speaker’s Office of Communications

Oct. 7, 2010 From the Office of Representative Jimmy L. Love, Sr.

2010-10-08T16:13:00.002-04:00

I wanted to update you this week on some more of the new laws that went into place this month. Some of these represent major changes in the way we do business in this state, such as clearer ethics rules and stronger environmental laws. Others will be less noticeable, but are still important to those people who are affected.

Thank you as always for your interest in North Carolina and state government. Please contact me if I can be of any service to you.

Open Government

_The Government Ethics and Campaign Reform Act of 2010 (H961) creates stronger standards for elected officials and government workers. Among other things, the act: increases the penalty for illegal campaign donations; improves the state’s campaign finance database by making it easier to search; makes complete salary histories of government workers public; requires the government to pay plaintiffs’ legal fees in cases where they are found to have violated open records laws without a written basis; increases economic disclosure requirements for judicial officers, legislators, and public servants.

_ Animal euthanasia technicians may be subject to more intense scrutiny of their backgrounds before they can be certified. A new law (H1741) allows the Department of Agriculture to reject certification for euthanasia technicians if they are convicted of felony drug laws, animal abuse or neglect or submitting a false application, in addition to other violations. The law also requires animal shelters that euthanize animals to register their shelters with the Department of Health and Human Services under the state’s Controlled Substances Act.

_ A new law will expand access to adoption information for family members. The law (H1463) allows adult siblings and half-siblings of living adoptees and adult family members of deceased adoptees or biological parents to have access to confidential services seeking to connect adoptees and their parents. The law also allows the intermediary to deliver a copy of a death certificate for the person being sought.

Environment

_ The General Assembly amended nearly 25 environmental laws in a single bill this past session. Among other things, the law (H1766) requires public agencies to recycle used fluorescent lights and mercury thermostats, require the removal of all fluorescent lights and mercury thermostats from buildings prior to demolition, and bans products containing mercury from unlined landfills. The law also prohibits the use of high-arsenic glass in public roads.

_ A person who has been issued a permit to remove a coyote now has an additional option under legislation approved this year by the General Assembly. A new law (H1824) allows the use of a humane, live capture collar trap. The trap works by throwing a cable loop over the animal’s head. The end of the loop is anchored in the ground. The law requires that the trap be checked daily and that a dog or any other animal not targeted by the trap be released unharmed. The law was recommended by the House Select Committee on Coyote Nuisance Control.

Miscellaneous

_ Senior Resident Superior Court judges will no longer be determined based solely on their seniority. A new law (H1398) allows the Chief Justice of the North Carolina Supreme Court to select the senior resident judge after consulting with the district court judges, members of the local bar, clerks of court, district attorneys, public defenders and others within the district.

Prepared with the assistance of the Speaker’s Office of Communications

September 23, 2010 From the Office of Representative Jimmy L. Love, Sr.

2010-09-25T17:09:00.002-04:00

Our seniors have helped make North Carolina a place that is growing and vibrant and have led us through many difficult times. During my past term in the General Assembly, I supported several initiatives that we hope will keep them healthy, safe and financially secure.

Below, I have included a few highlights of our work in the past two sessions, as well as some information from the 2010-11 budget. I hope you will find it useful.

Please contact me if I can be of any help. I look forward to continuing to serve you.

Planning

_ The General Assembly has directed several agencies to begin better preparing for the aging baby-boomer population. The law (SB 195 - SL2009-407) directs the University of North Carolina Institute on Aging and the Division of Aging and Adult Services to organize meetings of gerontologists, researchers and others to identify and prioritize issues the state will have to address. It also calls for the development of a website with information about how serve increasing numbers of adults.

Adult Care

_ The Division of Aging and Adult Services has been asked to study the issue of criminal history record checks for owners, operators, volunteers, and prospective owners, operators, and volunteers in adult day care programs and adult day health services programs. Among other things, the legislation (HB 1703 -SL2010-93) specifies that the study should identify which positions warrant a background check, develop a process for conducting the checks and designate who is responsible for requesting and paying for the check.

_County Departments of Social Services have been directed to conduct follow-up monitoring of adult care homes (HB 1186 - SL2009-232). The law is meant to improve patient safety by improving oversight of adult-care homes.

Health

_ Legislation to establish a long-term care partnership program was passed (SB 1193 - SL2010-68). Under a partnership program, a person who purchases a qualified long-term care insurance policy that provides a certain dollar amount of benefits will be allowed to disregard assets equal to the insurance payout when applying for Medicaid. States that have initiated a partnership program have found that this encourages people to plan for their long-term needs and also results in savings to their state Medicaid programs.

_ Several recommendations made by the N.C. Study Commission on Aging to expand dental care services for older and disabled North Carolinians with special care needs were approved, including having state agencies look at Medicaid reimbursement for certain services and coordinating workforce efforts to increase the number of dental care providers serving persons with special care needs. (SB 188 - SL2009-100).

_Automated calls to protect the public health, safety, or welfare are now allowed under a new state law (HB 1034 - SL2009-364). The system will be used to inform people that they have purchased products or medication that may be subject to a safety recall; that the person has not picked up a filled prescription drug or that one of their accounts may be subject to potential fraudulent activity. The calls cannot be used for any commercial purposes.

Safety

_The Division of Emergency Management is establishing a voluntary registry that counties and municipalities can use to identify functionally and medically fragile people during a disaster under a new state law (SB 258 - SL2009-225). The law also authorizes counties and municipalities to operate similar registries.

_We passed a new law to clarify that a Silver Alert may be issued for a person of any age (HB 1129 - SL2009-143). The Silver Alert System is a statewide system used to notify people about missing persons believed to be suffering from dementia or other cognitive impairments.

Housing

_The Statutory Homestead Exemption has been increased under a new state law (HB 1058 - SL2009-417). Qualified people aged 65 or older qualify for the exemption, which increased from $37,000 to $60,000.

Budget

_ $100,000 was approved to support Project C.A.R.E., the respite care and support program for families caring for persons with Alzheimer’s.

_ Funding for optional services under Medicaid (such as dental care; eye care and eyeglasses; occupational, physical, and speech therapies; hospice; prosthetics and orthotics; community alternative program; and rehabilitation services) for aged, blind, and disabled adults was preserved for the most part. The one area in which there was a significant cut was to Medicaid personal care services which provides in-home help to disabled and frail older adults. This program received a recurring cut of $50.7 million. The program had been criticized for allegedly serving people who did not meet the specific disability criteria and for providing more hours of service for people than what they needed.

_ No additional funding was appropriated for the Home and Community Care Block Grant, but no money was cut, either. The program helps older adults stay in their homes.

_ $450,000 was appropriated for the operation of the Stroke Advisory Council, the continued implementation of the public awareness campaign and identification of stroke rehabilitation services throughout the State.

_ $150,000 was authorized for a grant-in-aid to Prevent Blindness of North Carolina.

_ $50,000 was provided for a non-recurring grant-in-aid to NC Arthritis Patient Services is provided for in the budget.

Notes

_ The latest US Bureau of Labor Statistics report shows that North Carolina led the nation in employment gains from July to August with the addition of 18,600 jobs. The report also points out that our state ranked fourth among the states in employment gains from August 2009 to August 2010 with 36,700 jobs. We were third in the nation in over the year jobless rate with a decline of 1.2 percentage points.

_ Cree Inc., a global leader in LED lighting technology and products, will expand its manufacturing operations in Durham. The company plans to create 244 jobs over the next two years and invest $135 million.

_ Empire Foods Inc., an advanced-technology food processing company, will bring 200 jobs to Halifax County. The company, using technology licensed from N.C. State University, plans to create 200 jobs and invest $2.5 million over the next five years.

_ Baltek Inc., a manufacturer of core materials for the wind energy, mass transit, marine and military markets, will relocate to a new manufacturing facility in Guilford County. The company plans to create 68 jobs and invest $3.25 million over the next three years.

_ DNP IMS America Corp., a printing-technology company, will expand in Concord. The company plans to create 37 jobs and invest $24.8 million during the next three years.

Prepared with the assistance of the Speaker’s Office of Communications

Sept. 16, 2010 From the Office of Representative Jimmy L. Love, Sr.

2010-09-25T17:08:00.001-04:00

North Carolina is getting tougher on criminals in this state, while also trying to assure that we are punishing the right people. In this past session, I helped pass several laws to help us better track criminals and to provide better education to our judicial officials. I am proud of the work we have done in this area and we will continue pressing for changes in the General Assembly and in our courts. The integrity of our court system should never be called into question.

If you have any questions or if I can be of service to you, please contact me. Thank you as always for your interest in North Carolina and state government.

Animal Abuse

_ Following the abuse case of a dog in Guilford County named Susie, the General Assembly toughened the animal cruelty laws in North Carolina. The new law (S.L. 2010-16, SB 254) increases from a misdemeanor to a felony the penalty for maliciously killing an animal by depriving it of food or drink. It also allows for stiffer punishment in cases of abuse. The law becomes effective December 1.

DNA Evidence

_ The DNA Database Act of 2010 requires law enforcement to take DNA sample from some criminal suspects upon their arrests. Currently, 23 other states and the federal government have DNA upon arrest statutes and North Carolina already permits collection of DNA from convicted felons. The new law (S.L. 2010-94, HB 1403) requires DNA collection for suspects accused of murder, manslaughter, rape or sex offenses, felony assaults with a deadly weapon or causing serious bodily injury, kidnapping or human trafficking, burglary offenses, arson, armed robbery, stalking, cyberstalking, and any offense which would require the person to register as a sex offender. The act applies to anyone arrested for attempting, soliciting, conspiring, or aiding and abetting another to commit a listed offense. The records and samples relating to a defendant’s DNA sample must be expunged by if the charge is dismissed, the defendant is acquitted of the charge, the charge is not filed within a designated time period, or if the defendant is found guilty of a lesser-included misdemeanor that is not on the list of offenses contained in the act.

_ The Joint Select Committee on Preservation of Biological Evidence has been extended. The committee is reviewing matters related to the preservation of DNA and biological evidence. (S.L. 2010-152, Sec. 24, SB 900).

Sex Offenders and Domestic Violence

_ All convicted sex offenders from other states still serving a sentence must now register with the state. The previous law only required people convicted since December 1, 2006 to register. The new law (S.L. 2010-174, HB 726) goes into place Oct. 1.

_ The state Supreme Court must now establish minimum education standards for district court judges handling domestic violence cases. The law (S.L. 2010-106, HB 1762) also encourages The University of North Carolina School of Government to provide domestic violence training for district court judges and magistrates.

_ Law enforcement or a prosecutor must now provide a defendant’s criminal history to a judicial official when the judge is considering pretrial release conditions for people accused of domestic violence. The law (S.L. 2010-135, HB 1812) requires judge to consider the record as part of their decision about possible limits on the defendants.

Gambling

_ North Carolina has once again banned the use of electronic machines or devices for conducting or promoting sweepstakes. The act (S.L. 2010-103, HB 80) makes it unlawful for any person to operate, or place into operation, an electronic machine or device to conduct a sweepstakes through the use of an entertaining display, or to promote a sweepstakes that is conducted through the use of an entertaining display. Violation of the law is misdemeanor for a first offense and a felony upon a second offense.

Prepared with the assistance of the Speaker’s Office of Communications

Sept. 9, 2010 From the Office of Representative Jimmy L. Love, Sr.

2010-09-11T09:38:00.002-04:00

North Carolina suffered through a record-breaking drought in 2007 and the aftermath of that difficult time continues to influence our public policy. In addition to the immediate response to that crisis, we have made a number of changes that will improve our long-term approach to water planning. One of the decisions made in the House of Representatives was to establish a standing House Committee on Water Resources and Infrastructure so that we can examine water resource issues more closely and develop more expertise in the area. That committee has been busy and closely considered a number of measures.

This week, I’ll share some highlights of the legislation we passed this year to improve our water systems and planning.

If you have any questions or if I can be of service to you, please contact me. Thank you as always for your interest in North Carolina and state government.

Public Water

_ A new law (S.L. 2010-150, HB 1747) directs large community water systems and local governments that provide public water service to revise their local water supply plans when 80 percent of the water system's available water supply (based on calendar year average daily demand) has been allocated or when seasonal demand exceeds 90 percent. The plans must address foreseeable future water needs. Local governments must normally develop and submit such plans to the Department of Environment and Natural Resources at least once every five years.

Grants and Loans

_ The state has modified its criteria for which water and sewer projects receive priority when applying for grants and loans. The changes in the law (S.L. 2010-151, HB 1744):

· Clarify that the repair or replacement of leaking waterlines is a priority in situations where the line repair or replacement is being done to either improve water conservation and efficiency or to prevent contamination.

· Give priority to local governments with more than 1,000 service connections over similarly sized units if they have an asset management plan.

· Establish that a high-unit-cost project has priority over lower-cost projects. In addition, the act establishes a sliding scale system for determining the priority given to projects that exceed the high-unit-cost threshold.

· Give priority to those projects that promote the consolidation, management, merger, or interconnection of water systems. If an applicant demonstrates it is not feasible for the project to include regionalization, the funding agency must assign the project the same priority as a project that includes regionalization.

· Direct each local government to develop and submit a local water supply plan to the Department of Environment and Natural Resources at least once every five years. The department must use the information in the plans to create a state water supply plan and must also identify potential conflicts among the various local plans and ways in which local water supply programs could be better coordinated.

· Require local governments to adopt minimum water conservation measures to respond to drought or other water shortage conditions, but allows local governments to adopt more stringent standards. The act gives priority to those projects that adopt more stringent water conservation measures.

Studies

_ The Department of Environment and Natural Resources has been directed to establish a task force to: (1) develop a statewide survey to assess the state's water and wastewater infrastructure needs; (2) develop a plan for incorporating the information compiled from the United States Environmental Protection Agency surveys into the State Water Supply Plan; and (3) develop a plan for the creation and maintenance of a statewide water and wastewater infrastructure resource and funding database.

The act (S.L. 2010-144, HB 1746) also asks the department and the Local Government Commission to evaluate the costs and benefits of increasing the oversight of public water systems and wastewater. The agencies must report their findings and recommendations to the Legislative Study Commission on Water and Wastewater Infrastructure no later than November 1.

_ The Department of Agriculture and Consumer Services and the Department of Environment and Natural Resources have been asked to: (1) work with the North Carolina Farm Bureau Federation, other agricultural organizations, and farmers to develop a plan to identify and report on agricultural water infrastructure needs; (2) identify and encourage voluntary practices that conserve and protect water resources; and (3) design a cost-share program to assist farmers and agricultural landowners who implement best management practices to conserve and protect water resources related to agricultural use. The law (S.L. 2010-149, HB 1748) also requires that a report on their findings and recommendations be submitted to the Legislative Study Commission on Water and Wastewater Infrastructure no later than November 1.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. Sept. 2, 2010

2010-09-03T14:30:00.001-04:00

One of the fastest growing parts of the state budget is Medicaid, the health plan for poor people who need extra help covering their medical costs. Since fiscal year 2000, the state’s budget for medical expenses associated with Medicaid, including federal dollars, has increased from $4.8 billion to $9.9 billion. The state and local share of those costs during that time has grown from roughly $1.8 billion to $2.3 billion. The original budget for this fiscal year called for an increase in this line item to $2.7 billion. The increased cost of Medicaid can be attributed to many things, including population growth, an aging population, rising medical costs and the recent economic downturn. Still, faced with balancing a budget without raising taxes, my colleagues and I identified several cost cutting measures this year that kept the budget essentially flat while still providing service to those who need some help getting through difficult times. This week, I wanted to share some of our recent work in this area with you.

If you have any questions or if I can be of service to you, please contact me. Thank you as always for your interest in North Carolina and state government.

Efficiencies

The state approved a number of measures this year intended to help trim Medicaid costs. These efficiency measures include:

· Authorizing the Department of Health and Human Services to require prior authorization for brand name drugs for which the phrase "medically necessary" is written on the prescription.
· Allowing the Secretary of Health and Human Services to prevent the substitution of generic drugs for brand name drugs if after consideration of all rebates the cost is less than the generic.
· Requiring that medications prescribed for mental illness are included on the Preferred Drug List. This measure, in addition to the previous two, is expected to save at least $10 million in drug costs.
· Limiting coverage to procedures recognized or approved by the National Institutes of Health.
· Directing the department to apply Medicaid medical policy to recipients who have primary insurance other than Medicare, Medicare Advantage, and Medicaid.

The state also made several steps in the effort to combat Medicaid fraud. The anticipated savings from these measures is expected to reach $40 million this year. These efforts include:

· Authorizing the Department of Health and Human Services to create a fraud prevention program that uses information from state and private databases to develop a fraud risk analysis of Medicaid providers and recipients.
· Allowing the department to modify or extend existing contracts to achieve Medicaid fraud prevention savings in a timely manner.
· Establishing a Class I felony for knowingly and willfully soliciting or receiving kickbacks, bribes, or rebates in return for or to induce a person to engage in Medicaid fraud.
· Doubling the Medicaid Investigative Unit staff at the Attorney General’s Office to expand the prosecution of Medicaid fraud and abuse. Additional staff will ensure increased prosecution and additional Medicaid funds recovered from fraudulent providers.

Budget

The state’s budget also calls for saving $50 million in Medicaid costs by better case management. The initiatives:

· Expand efforts of the Community Care Network of North Carolina (CCNC). The Department of Health and Human Services contracts with the network to manage use of Medicaid services. Savings will be generated by expanding care management programs in hospital discharge, mental health; palliative care, and pharmacy. The improved system will enhance data integration, analytics, and reporting, increasing performance and save an estimated $45 million.

· Eliminate Medicaid reimbursement of 'never events' in hospital inpatient settings. 'Never events' are certain types of medical issues that develop or are acquired while a person is in a hospital, but should have been prevented. The policy change brings Medicaid in line with Medicare reimbursement. Estimated savings are $5 million.

Studies

Legislators have also asked for two studies related to Medicaid policies. The studies will examine:

· Provider rates - The Department of Health and Human Services or a contracted group will study reimbursement rates for Medicaid providers and program benefits.
· HIV waivers - The department will study the feasibility of reducing the waiting list for the AIDS Drug Assistance Program by expanding eligibility for Medicaid to HIV positive individuals with incomes at or below 133 percent of the federal poverty level.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. August 12, 2010

2010-08-13T13:46:00.001-04:00

While North Carolina has become a more urban state in the past 20 years, small and rural communities continue to make up a large part of our population. In fact, all or parts of at least 85 counties in North Carolina are considered rural. These communities are an important part of our state and their success helps ensure success for all of us. Fittingly, we have a number of important initiatives that are either in place or expanding to help serve the people who live in rural North Carolina. I have included some information this week for you about some of these programs. I hope you find it useful.

Thank you as always for your interest in North Carolina and state government. Please contact me if I can be of any service to you.

Jobs and Economy

_ The Rural Economic Development Center has almost $24 million in grant money to help create jobs through two important programs.

_ Nearly $13 million is available through the center’s Economic Infrastructure Water and Sewer Grants Program. The grants can be used to upgrade utilities to allow for new business locations or expansions. Up to $10,000 is available for each job to be created, with a maximum grant of $1 million or half the total project cost. Applications are accepted on a rolling basis.

_ The General Assembly expanded the Building Reuse and Restoration Grants Program by $3 million. The $11 million program helps communities restore and renovate vacant buildings for use by new and expanding businesses. Development grants of up to $480,000 are available for projects in Tier 1 and Tier 2 counties. Grants are capped at $240,000 for projects in Tier 3 counties. For most projects, at least one job must be created for each $8,000 in grant funding. The next application deadline is Sept. 3.

Since they were launched in 2004, the two programs combined have awarded more than $80 million to 378 projects, assisting 470 businesses and creating 11,200 jobs. The grants are awarded to local governments, which work with the businesses to ensure job creation.

_ The General Assembly expanded the Rural Center’s Small Business Assistance Fund from $500,000 to $1.5 million. The center is working with the Self-Help Credit Union to leverage the state’s investment into $7.5 million in small business loans. The additional $1 million in this fund is expected to result in loans to more than 150 small businesses that will create 550 jobs. The priority for these loans goes to businesses: in rural counties; owned by women or minorities; with less than 100 employees and $10 million in sales; that create new jobs that pay above their county’s average wage; and that leverage federal stimulus dollars.

_ The Rural Center received $1 million in additional money for the Family Farm Opportunity and Innovation Fund. The money will be distributed to farmers in grants of up to $20,000 to help improve energy efficiency on the farm, to develop new markets for their products and to develop new products. The total value of the fund from all sources is $18 million, including $1 million from the Tobacco Trust Fund to match the state’s contribution.

Agriculture
_ Agriculture remains the state’s top industry with an estimated annual value of $70 billion. Seventeen percent of all jobs in the state are related to agriculture or agribusiness. The industry is threatened by increasing urbanization. Since 2002, North Carolina has lost more than 6,000 farms and 600,000 acres of farmland. Legislators are trying to stem the losses through the work of the state’s Farmland Preservation Trust. The trust supports farming, forestry, and horticulture by buying agriculture and conservation easements and funding programs that help family farmers develop business and marketing plans. The General Assembly put $2 million into the trust this year.
_ The Department of Agriculture and Consumer Services and the Department of Environment and Natural Resources have been directed to help develop a plan and a report on agricultural water infrastructure needs. The new law (SL2010-149, H1748) instructs the departments to continue to work with the North Carolina Farm Bureau Federation, other agricultural groups, and farmers on the plan, as well as to identify and encourage voluntary water conservation and protection. The law also calls for the development of a cost-share program to help farmers and agricultural landowners who adopt best management practices for water conservation. The departments must report their findings to the Legislative Study Commission on Water and Wastewater Infrastructure by Nov. 1.

_ The state provided $250,000 for the Department of Agriculture “Got to Be NC” marketing campaign. This program promotes North Carolina farm products by helping to develop markets for North Carolina produce and products in grocery stores, restaurants, farmers markets, and other establishments.

_ The Department of Agriculture received $200,000 to augment its international trade efforts. The department's International Trade Office helps connect farmers and North Carolina suppliers of agricultural commodities to international buyers. This money will help support additional international trade efforts and missions, especially in the growing export markets for pork, tobacco, and cotton to China and Central America.

Miscellaneous

_ The state Office of Rural Health has received $1 million to help small rural hospitals pay for operations and infrastructure maintenance. The office works collaboratively with the NC Hospital Association to distribute the money. Hospitals can typically request $75,000 to $125,000 for equipment or enhancements that will help improve their long-term fiscal stability.

_ A person who has been issued a permit to remove a coyote now has an additional option under legislation approved this year by the General Assembly. A new law (SL 2010 -156, H1824) allows the use of a humane, live capture collar trap. The trap works by throwing a cable loop over the animal’s head. The end of the loop is anchored in the ground. The law requires that the trap be checked daily and that a dog or any other animal not targeted by the trap be released unharmed. The law was recommended by the House Select Committee on Coyote Nuisance Control.

_ The Legislative Research Commission has been authorized to study the issue of whether the Wildlife Resources has carried out its mandate to increase its capability for studying foxes and other fur-bearing populations and then to implement plans that would produce “optimum” populations of the animals in the state. The study allows the commission to solicit input from hunters, trappers, public health authorities, agriculture officials and other interested parties. The studies bill (SL2010-152, S900) also allows for a study of the issue of adequate insurance coverage options for fresh produce growers.

Notes

_ Medicago will bring a new vaccine production facility to Durham, creating 85 jobs. The project was made possible in part by a $128,000 grant from the One North Carolina Fund.

_ Noranda Aluminum will expand its Norandal USA plant in Salisbury. The company plans to create 25 jobs and invest $7 million. The project was made possible in part by a $108,000 grant from the One North Carolina Fund.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. August 5, 2010

2010-08-09T12:38:00.001-04:00

While I have been busy in my district this week, it has also been a busy time in Raleigh with the governor signing several bills into law over the past few days. These laws will reform the state’s ethics rules, protect our coast from oil spill damage and spell out how we should dispose of our state flag, among other things. The governor also visited the National Guard Aviation Facility in Morrisville on Wednesday to sign four bills designed to assist members of our military. This week, I thought I would share some information with you about those bills, as well as some of the other ways we have tried to make North Carolina friendly to the members of the Armed Services. We are proud of our military presence and heritage in this state and I believe our record reflects that.

I also want to take this chance to remind you about the sales-tax holiday, which will run Friday through Sunday. For more information about the tax holiday, and a complete list of tax-free items, please visit the Department of Revenue’s Web site:
http://www.dor.state.nc.us/taxes/sales/salestax_holiday.html

Thank you as always for your interest in North Carolina and state government. I hope you will contact me if I can be of any service to you.

2010 Laws

_ Members of the military in North Carolina can now use the military’s emergency data form to set out their wishes for how their bodies are handled if they are killed in service. Previously, the law recognized only a will, a health care power of attorney or a document witnessed by two other adults as legally sufficient directions for how a soldier’s body should be handled after death. Some members of the military did not use these other instruments because they believed their wishes as stated to the military were sufficient. The law (SL2010-191) also officially recognizes the Honor and Remember flag as a symbol to honor and recognize fallen members of the Armed Services.

_ North Carolina built upon the significant reforms it made last year to military voting with a law that makes it easier for deployed service members to vote. The most recent change in the law (SL2010-192) considers a single application for an absentee ballot from a uniformed voter as an application for all absentee ballots for elections the voter is eligible for in that calendar year. The change is intended to make it easier for deployed soldiers to vote without having to file multiple requests for absentee ballots.

_ The courts-martial rules for the state National Guard have been updated to more closely follow the system used by United States military courts. The law (SL2010-193) will help ensure that military court proceedings are handled consistently and professionally for our National Guard members.

_ Banks and other lending institutions are now prohibited from foreclosing on the mortgage of a member of a military who is serving an active duty deployment. A new law (SL2010-190) requires the lender to give the member of the military at least 90 days after the end of the deployment before they can foreclose on the property. The exemption applies only to property purchased before the deployment. The additional time granted is intended to help members of the military find ways to save the property from foreclosure if possible.

_ Another law (SL2010-39) signed by the governor earlier this year will make it easier for veterans of Operation Desert Storm and the ongoing wars in Afghanistan and Iraq to get specialty license plates noting their service.

2009 Accomplishments

_We continue to appropriate funds to the community colleges so the NC Military Business Center can continue its important work. The military business center coordinates and facilitates for small- and medium-sized businesses throughout the state seeking to win and complete federal contracts, with a focus on military-related contracts. The center has received $2.5 million over the past two years.

_The North Carolina's Tarheel ChalleNGe Academy, a quasi-military program for high school dropouts, or expellees, received $2 million over the past two budget years. The program is sponsored by the North Carolina National Guard and receives matching funds from the federal government equal to $60 for every $40 of state funds.

_ Public university students called to active duty may soon be exempted from paying tuition penalties for not completing their degree on time. The University of North Carolina Board of Governors is working to establish a policy that excuses these students from paying the charge if their active duty is the reason for the extra time needed to complete their courses of study.

_A new state law will make it easier for members of the military reserves to renew their drivers’ licenses after they receive deployment orders (H.B. 98 - S.L. 2009-274). The law allows members of the Armed Forces to renew their drivers’ licenses upon receipt of deployment orders and give them a 30-day grace period for an expired license after they are released from military duty outside of the United States.

_Legislation meant to ensure that certain special license plates that are available to military veterans are issued to the right people has been signed into law (H.B. 1094 - S.L. 2009-121). The new law is intended to prevent impostors from purchasing military license plates, including plates that indicate the recipient of a Purple Heart, Distinguished Service Cross or Bronze Star. Applicants for these military plates would have to provide proof that they qualify for the plates.

_We have helped pass a new law regarding unemployment insurance compensation for certain severely disabled veterans who have been discharged due to a service-connected disability (H.B. 1124 - S.L. 2009-101). Severely injured veterans will now receive unemployment benefits if they lose their job because of a disability incurred or aggravated during active military service or because of the veteran’s absence from work to obtain care and treatment for that disability.

_A new state law directs the state’s occupational licensing to help deployed licensees waive or delay payment of fees and continuing education requirements (H.B. 1411 - S.L. 2009-458).This new law will help reservists who are sent off to war to keep from losing the licenses they need to keep their civilian jobs.

_ North Carolina’s absentee voting laws have been improved under a new state law (S.B. 253 – S.L. 2009-537). The law is specifically intended to improve the ability of military and overseas voters to cast timely ballots. This is incredibly important because it is vital that those defending democracy have the opportunity to participate in the democratic process.

_Uniformed public safety officers will now be authorized to wear military service medals during the business week prior to Veterans Day and Memorial Day, the day of Veterans Day and Memorial Day, and the business day immediately following Veterans Day and Memorial Day under a new state law (H.B. 631 - S.L. 2009-240). Employers will maintain the right to prohibit the wearing of service medals if it’s determined they pose a safety hazard to the officer or to the public.

Notes

_ Heavy equipment maker Caterpillar announced in the past week that it would add more than 825 jobs at two sites in North Carolina. The company plans to build a $426 million plant in Winston-Salem that will eventually employ more than 500 people. It also has plans for a $30 million expansion at its plant in Sanford, where it will add 325 workers. Both projects received state economic development grants.

_ Furniture maker Ethan Allen Operations Inc. plans to create 90 jobs and invest $250,000 to expand its production capacity in Old Fort. The project was made possible in part by a $270,000 grant from the One North Carolina Fund.

_ Boral Composites Inc., a sister company to Boral Bricks in East Spencer, plans to open a plant in Rowan County to produce a new “green” product line for homebuilding. The company plans to create 25 jobs and invest $12.8 million. The project was made possible in part by a $50,000 grant from the One North Carolina Fund.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. July 29, 2010

2010-07-31T11:09:00.002-04:00

Since our session ended, the governor has signed several pieces of legislation into law. These laws will help protect the vulnerable among us, make our education system stronger and improve our health system. These are good laws meant to help in difficult times.

Thank you as always for your interest in state government. If you have any questions about this information or anything else that I can help with, please contact me. I am always glad to be of service.

Crime/Safety

_The North Carolina Supreme Court would be directed to establish minimum standards of domestic violence education and training for district court judges under a new state law (HB 1762 - S.L. 2010-106). The legislation also encourages the University of North Carolina School of Government to provide domestic violence education and training for judges and magistrates. The legislation is based on the recommendations of the Joint Legislative Committee on Domestic Violence.

_The penalty for the killing of an animal is increased from a Class A1 Misdemeanor to a Class H Felony under a new state law (SB 254 - S.L. 2010-16). The law also increases the penalty for the malicious abuse or torture of an animal from a Class I Felony to a Class H Felony. Susie's Law, as the legislation is commonly known, is named after a dog found burned and left to die in a Greensboro park last summer.

_Legislation that would provide a Survivor’s Alternate Benefit for survivors of law enforcement officers killed in the line of duty has been signed into law (HB 766 - S.L. 2010-11). Under the law, the principal beneficiary of an officer who has completed 15 years of service will be entitled to the survivor’s benefit should that officer be killed in the line of duty.

_The Division of Aging and Adult Services will study whether to require criminal record checks for current and prospective owners, operators, and volunteers of adult day care programs and adult day health services programs. The legislation (HB 1703 - S.L. 2010-93) is based on the recommendations of the North Carolina Study Commission on Aging and was considered this week by the House Committee on Aging this week.

Health

_The Child Care Commission, in consultation with the Division of Child Development of the Department of Health and Human Services, would be required to develop improved nutrition standards for child care facilities under a new state law (HB 1726 - S.L. 2010-117). The legislation also directs the Division of Childcare Development to study and recommend guidelines for increased physical activity in child care facilities. The legislation is based on the recommendations of the Legislative Task Force on Childhood Obesity.

_Legislation that will allow already enrolled dependent children under the age of 26 who are not eligible for employer-based health care to remain on the North Carolina State Health Plan for Teachers and State Employees for plan year 2010-2011 has been signed into law (HB 1707 - S.L. 2010-3). The legislation also directs the State Health Plan to consult with the Committee on Hospital and Medical Benefits before implanting a tobacco use testing program.

Miscellaneous

_School districts will have more flexibility to improve failing schools under a new state law. The law (SB 704 - S.L. 2010-1) gives school systems additional authority to reorganize failing schools, including the ability to operate them like charter schools. Charter schools are public schools that are exempt from some of the rules that apply to traditional schools. The legislation is expected to help strengthen the state’s application for federal education money.

_A new state law will provide for an alternative credit for qualifying expenses of a production company (HB 713 - S.L. 2010-89).

_The sunset on certain economic incentives has been extended under a new state law (HB 1973 - S.L. 2010-147). These economic incentives include a credit for constructing renewable fuel facilities, a credit for small business employee health benefits, and a credit for biodiesel producers, among others. The legislation will also provide an enhanced incentive for jobs in high unemployment counties.

Notes

_The North Carolina Military Business Center (NCMBC) and the North Carolina Military Foundation announced that Department of Defense spending in North Carolina grew by 10 percent and exceeded $4.0 billion in federal fiscal year 2009 – an increase of $363.8 million over procurement in the state in 2008.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. July 22, 2010

2010-07-22T14:30:00.002-04:00

In recent years, North Carolina lawmakers have started to think more about our state’s energy policies. These efforts not only help us save money, but also help us conserve our resources and reduce our dependence on foreign oil and other energy sources from outside of our nation.

We made a number of important steps forward in this effort in this past session and I am pleased to share the highlights of our work with you.

Thank you as always for your interest in state government. If you have any questions about this information or anything else that I can help with, please contact me. I am always glad to be of service.

Energy

_Legislation that will promote the use of renewable energy by extending the credit for constructing renewable fuel facilities and the credit for biodiesel producers has been ratified by the General Assembly and sent to Gov. Perdue to be signed into law (HB 1829). Among other things, the bill will also revise the tax credit for investing in renewable energy property and reinstate and expand the tax credit for a renewable energy property facility.

_The sunset on some economic incentives would be extended under a bill that has been ratified by the General Assembly and sent to Gov. Perdue to be signed into law (HB 1973). These economic incentives include a credit for constructing renewable fuel facilities, a credit for small business employee health benefits, and a credit for biodiesel producers, among others. Once enacted, the legislation will also provide an enhanced incentive for jobs in high unemployment counties.

Environment

_Certain environmental laws will be amended under a bill that has been ratified by the General Assembly and sent to Gov. Perdue to be signed into law (HB 1099). Among the changes are to (1) extend by one year the implementation of water system efficiency criteria for eligibility for state water infrastructure funds; (2) prohibit the use of high arsenic content glass beads when marking state or municipal roads or public vehicular areas; (3) modify the nutrient management strategy and adopt a sediments strategy for certain drinking water supply reservoirs; and (4) to protect and restore water quality and quantity in the Upper Neuse River Basin, Falls Lake, and other drinking water supply reservoirs by directing the environmental management commission to provide credit to local governments, land owners, and others who reduce water pollution in the Upper Neuse River Basin before permanent rules are adopted.

_A bill that modifies the computer equipment recycling plan requirements and the associated fee on manufacturers has been ratified by the General Assembly and signed into law by Gov. Perdue (SB 887 - S.L. 2010-67). The legislation also makes further substantive, clarifying, technical, and conforming changes to the laws governing the management of discarded computer equipment and discarded televisions, as recommended by the Environmental Review Commission. The law is intended to ensure that end-of-life computer equipment and televisions are responsibly recycled, to promote conservation, and to protect public health and the environment. It will also provide for a comprehensive and convenient system for recycling and reuse of certain electronic equipment would be established and responsibility would be shared among manufacturers, retailers, consumers, and the state.

_Legislation to address oil spill liability, response and preparedness has been ratified by the General Assembly and sent to Gov. Perdue to be signed into law (SB 836). Among other things, the legislation will: (1) clarify liability for damages caused by the discharge of natural gas, oil, or drilling waste into state coastal fishing waters or offshore waters; (2) provide for the review of information related to proposed offshore fossil fuel facilities to determine whether they are consistent with state guidelines for the coastal area; (3) direct the Coastal Resources Commission to review existing laws and regulations that pertain to offshore energy exploration and production in light of the recent British Petroleum (BP) accident; (4) direct the Department of Crime Control and Public Safety to immediately review and update the oil spill contingency plan to prepare the state in the event that oil discharged from the BP leak comes to the North Carolina coast; and (5) direct the Department of Environment and Natural Resources to review limitations on recovery by the state for damage to public resources and for the cost of oil or other hazardous substance cleanup.

_Legislation that will establish a task force to develop a plan for the establishment and maintenance of a statewide water and wastewater infrastructure resource and funding database has been ratified by the General Assembly and sent to Gov. Perdue to be signed into law (HB 1746).

Notes

_C.M.I. Enterprises Inc., a national supplier of automotive soft-trim materials, will locate a new manufacturing facility in Rutherford County. The company plans to move its Florida manufacturing plant to Rutherfordton, creating 53 jobs and investing $697,000 including lease payments. The project was made possible in part by a $33,000 grant from the One North Carolina Fund.

_Twenty-three private businesses, public agencies, and public and private universities will receive $5.6 million to create 400 jobs and internships to give students hands-on experience and training in North Carolina’s energy economy, the North Carolina Energy Office announced today. The federal funds will be combined with other private and public dollars to create an internship program worth nearly $8.7 million.

_Brunswick Corporation, a leading global manufacturer of recreational products and parent company of New Bern-based Hatteras Yachts, will expand in Craven County. The company plans to add 350 jobs over the next five years and invest $4.7 million. The expansion was made possible in part by state grants from the Job Development Investment Grant program and One North Carolina Fund.

_BD (Becton, Dickinson and Company) will invest $38.4 million to build a warehouse and East Coast distribution center in Johnston County. The company plans to hire 187 workers to staff the facility over three years beginning in 2012. The project was made possible in part by a $600,000 grant from the One North Carolina Fund.

Prepared with the assistance of the Speaker’s Office of Communications

Press Release: Sales Tax Holiday Weekend

2010-07-20T12:04:00.000-04:00

NC General Assembly
House of Representatives
District 51
Representative Jimmy L. Love, Sr.
Legislative Office Building, Room 305
Raleigh, NC 27603-5925

Jimmy.Love@ncleg.net
919.715.3026

FOR IMMEDIATE RELEASE
Contact: Rep. Jimmy L. Love, Sr.
July 20, 2010 (919) 715-3026

REP. JIMMY L. LOVE REMINDS RESIDENTS OF SALES TAX HOLIDAY WEEKEND

RALEIGH – Rep. Jimmy Love today reminded his constituents to take advantage of the state’s sales tax holiday, which starts at 12:01 am on Friday, August 6 and ends at 11:59 pm on Sunday, August 8. In an effort to better help consumers afford back-to-school items for their children, shoppers this weekend will not have to pay the sales tax on clothing, school supplies and computers.

“This weekend’s sales tax holiday will help North Carolina families better prepare their children for the start of school so they’re able to enter the classroom ready to learn,” Rep. Love said. “Friday through Sunday will be a great opportunity for families to save some money on necessary back-to-school items, while also supporting our local businesses. I hope that all residents of Lee and Harnett Counties will take advantage of this opportunity.”

The sales tax holiday was created by the North Carolina General Assembly in 2001 and went into effect on January 1, 2002. During the sales tax holiday, consumers will not pay sales tax on clothing, footwear, and school supplies of $100 or less per item; school instructional materials of $300 or less per item; sports and recreation equipment of $50 or less per item, computers of $3,500 or less per item; and computer supplies of $250 or less per item.

For more information on the sales tax holiday, go to: www.dor.state.nc.us/taxes/sales/salestax_holiday.html.

###

From the Office of Representative Jimmy L. Love, Sr. July 1, 2010

2010-07-02T11:08:00.001-04:00

Governor Perdue signed our final budget into law yesterday in time for the start of the fiscal year. The following information highlights just some of the important aspects of the state budget for the 2010-11 fiscal year that pertain to natural and economic resources and education. Next week, we will share information about budgets for Health and Human Services, the Judicial Branch, General Government, and Transportation.

Thank you as always for your interest in state government. If you have any questions about this information or anything else that I can help with, please contact me. I am always glad to be of service.

Natural and Economic Resources

_ Provides funding to attract businesses to locate operations in North Carolina and to increase the sale of North Carolina exports, including agricultural commodities - $875,000

_ Provides additional funding for the One NC Fund to enhance the competitive position of North Carolina when recruiting national and international business and industry projects. Three percent of these funds shall be used for small business expansion - $12.5 million.

_ Appropriates funding for Job Maintenance and Capital Development Fund - $6 million

_ Funds the One NC Small Business Fund program, which provides matching grants to businesses that qualify for federal incentives funds - $1.5 million.

_ Provides funding for the Main Street Solutions Program and the creation of one two-year time limited position to administer the program. This program provides grants to active Main Street Communities and designated micropolitans with populations between 10,000 and 50,000 people. Grants are to be used to support downtown economic development, historic preservation initiatives, and other public and private improvement projects that will support small businesses and job creation - $1.5 million.

_ Provides funds to help create additional export opportunities for NC companies in Asian and South American markets and to increase North Carolina investment interest from Asian and South American companies - $200,000.

_ Appropriates money for matching funds for US Department of Energy grants to support energy research and green jobs - $1 million.

_ Provides funding for marketing North Carolina as a tourist destination - $1 million.

_ Provides funding to support the seven Regional Economic Development Commissions - $5 million.

_ Provides funds for the Biofuels Center - $5 million.

_ Provides nonrecurring matching funds to the Research Triangle Institute for a US Department of Energy grant for energy research and green jobs - $500,000.

_ Provides funds for small business loans for those who have limited access to credit - $750,000.

_ Provides additional funding for the Rural Center's Building Reuse and Restoration Program to strengthen the capacity of rural communities to compete for and attract new and expanding businesses. Funding for small-scale regional community development projects is also included - $3.13 million.

_ Provides funding to the Rural Center to continue the Small Business Assistance Fund - $1 million.

_ Provides money for the Agricultural Development and Farmland Preservation Trust Fund - $2 million.

_ Provides funds to support international trade initiatives - $200,000.

_ Provides funds for Got to Be NC marketing. This program promotes North Carolina's farmers by helping to develop markets for North Carolina produce and products in grocery stores, restaurants, farmers markets, and other establishments - $250,000.

_ Reduces personnel and operating expenses for aircraft operations. This reduction eliminates four pilot positions and two mechanic positions. The sale of 10 eliminated aircraft is expected to result in over $1.5 million in one-time revenue - $1.5 million.

_ Eliminates the Marine Fisheries Division's three helicopters and associated operating expenses in accordance with the recommendations from the Program Evaluation Division's Study of State Aircraft. The aircraft will be sold, generating one-time revenue of $35,000 - $60,218.

_ Provides nonrecurring funding for the Indian Economic Development Initiative - $100,000.

Education

_Public Schools

_ Prevents layoffs of any instructional personnel in K-12 by adjusting the lottery receipts budgeted for Classroom Teachers. Also redirects $16.8 million from the Lottery Reserve - $121 million.

_ Reduces the annual appropriation for the North Carolina Window on Student Education (NC WISE), as this project is deployed and is in operations and maintenance phase. Also there is a nonrecurring reduction of the cash balance – ($12 million).

_ Provides on a nonrecurring basis for the purchase of replacement textbooks for emergency situations. The State Board of Education shall develop rules and guidelines for the allocation of these funds - $2.5 million.

_ Provides funding to extend the Student Diagnostic Pilot program for a year in the existing 40 pilot schools. - $10 million

_ Eliminates end-of-grade test for geometry – ($585,459)

_Community Colleges

_ Fully funds enrollment growth to help pay for the 15 percent increase (33,013 students) in enrollment - $81 million.

_ Increases curriculum tuition from $50 to $56.50 for residents and from $241.30 to $248.50 for nonresidents. Tuition for full-time resident students will increase by a maximum of $208 per year, from $1,600 to $1,808 - $30 million.

_ Authorizes bonds for the purchase of instructional equipment and technology at all 58 colleges. - $33 million.

_ Restores the reduction made to the Small Business Center allotment in 2009. This funding will be added to each college’s base allocation. With this restoration, the total funding available for this program will be $5,756,853 - $402,861.

_ Provides funds to assist Minority Male Mentoring programs at community colleges. These programs provide such activities as academic and personal counseling, drug intervention, and personal growth and development. These funds will be distributed through a competitive application process - $900,000.

_UNC System

_ Mandates a management flexibility reduction for the UNC operating budget with a priority on non-teaching related budget cuts. This reduction is in addition to the $100 million management flexibility reduction authorized for the FY 2010-11 base budget – ($70 million).

_ Repeals the reimbursement to UNC institutions for their loss of revenue due to their compliance with a law that grants resident tuition to nonresident student athletes – ($9.4 million).

_ Reduces the General Fund advertising budgets of UNC campuses by 24 percent – ($2.5 million).

_ Reduces the $44 million annual appropriation to UNC Hospitals due to the entity's $501.1 million in unrestricted reserves – ($8 million).

_ Increases UNC Need-Based Financial Aid - $8.2 million.

_ Continues the phase-in of funding for the additional faculty and operating needs of the new School of Dentistry at East Carolina University that will open with 50 students in the Fall of 2011. To date, $5.5 million has been appropriated for the school's operating budget - $6 million. (36 positions)

_ Completes the staffing and operational needs of the Energy Production Infrastructure Center (EPIC) opening at UNC-Charlotte in the Fall of 2011. These funds will enable the hiring of research faculty in electrical power, power system infrastructure, and power plant engineering. These funds are in addition to the $2 million appropriated in 2009 - $3 million (23 positions).

_ Continues the phase-in of faculty and staff for the NC A&T/UNC-G Joint School of Nanoscience and Nanoengineering located at the Gateway University Research Park in Greensboro. The program will conduct research in areas such as drug design and delivery, nanobioengineering, and genetic screening. There has been $3.9 million appropriated to date for the operating budget for this program - $1 million. (23 positions)

_ Provides funds to North Carolina A&T State University's College of Engineering for 1) enhancement of the research infrastructure, 2) faculty retention, 3) recruitment of high quality students, and 4) additional support staff - $1 million. (10 positions)

Notes

_Edwards Wood Products Inc./Woodlawn will expand with a new saw mill in McDowell County. The company plans to create 32 jobs and invest more than $1.96 million, including lease payments, during the next three years in Marion. The project was made possible in part by a $96,000 grant from the One North Carolina Fund.

Please remember that you can listen to each day’s session, committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select "Audio," and then make your selection – House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.
Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. June 24, 2010

2010-06-28T08:26:00.002-04:00

I continued working with my fellow members of the House this week to pass legislation that I believe will improve the lives of all North Carolina citizens. The following information highlights just some of the legislation that was passed by the House this week.

Thank you as always for your interest in state government. If you have any questions about this information or anything else that I can help with, please contact me. I am always glad to be of service.

Economy

_The sunset on some economic incentives would be extended under a bill that passed the House this week (HB 1973). These economic incentives include a credit for constructing renewable fuel facilities, a credit for small business employee health benefits, and a credit for biodiesel producers, among others. If enacted, the legislation would also provide an enhanced incentive for jobs in high unemployment counties.

Energy/Environment

_The Energy Policy Council would be directed to identify, study, and recommend policies to increase energy efficiency and conservation under a bill that passed the House this week (HB 1804). The legislation would also direct the Energy Policy Council to promote renewable energy resources and reduce carbon emissions.

_Legislation to address oil spill liability, response and preparedness passed the House this week (SB 836). Among other things, the legislation will: (1) clarify liability for damages caused by the discharge of natural gas, oil, or drilling waste into state coastal fishing waters or offshore waters; (2) provide for the review of information related to proposed offshore fossil fuel facilities to determine whether they are consistent with state guidelines for the coastal area; (3) direct the Coastal Resources Commission to review existing laws and regulations that pertain to offshore energy exploration and production in light of the recent British Petroleum (BP) accident; (4) direct the Department of Crime Control and Public Safety to immediately review and update the oil spill contingency plan to prepare the state in the event that oil discharged from the BP leak comes to the North Carolina coast; and (5) direct the Department of Environment and Natural Resources to review limitations on recovery by the state for damage to public resources and for the cost of oil or other hazardous substance cleanup.

_A bill that modifies the computer equipment recycling plan requirements and the associated fee on manufacturers passed the House this week (SB 887). The legislation also makes further substantive, clarifying, technical, and conforming changes to the laws governing the management of discarded computer equipment and discarded televisions, as recommended by the Environmental Review Commission. The legislation is intended to ensure that end-of-life computer equipment and televisions are responsibly recycled, to promote conservation, and to protect public health and the environment. If enacted, a comprehensive and convenient system for recycling and reuse of certain electronic equipment would be established and responsibility would be shared among manufacturers, retailers, consumers, and the state.

Miscellaneous

_Legislation that provides an additional, safe method for trapping coyotes and increases the availability of permits to remove coyotes that threaten livestock or poultry passed the House this week (HB 1824). The bill is based on the recommendations of the House Select Committee on Coyote Nuisance Removal.

_Legislation that would modernize the North Carolina Alcoholic Beverage Control System passed the House this week (HB 1717). Among other things, the bill would prohibit local board members from accepting gifts from contractors doing business with their panel or stores and instruct them to avoid conflicts of interest that could financially benefit themselves or family members.

_The North Carolina Supreme Court would be asked to establish minimum standards of domestic violence education and training for district court judges under a bill passed the House this week (HB 1762). If enacted, the legislation would also encourage the University of North Carolina School of Government to provide domestic violence education and training for judges and magistrates. The legislation is based on the recommendations of the Joint Legislative Committee on Domestic Violence.

Notes

_Members of the House and Senate came together on Thursday for a joint legislative session to honor Coach Mike Krzyzewski and the Duke Blue Devils on their 2010 NCAA Men’s Basketball Championship (SJR 1456).

_On Thursday, members of the House honored the life and memory of former Representative George Milton Holmes with a House Joint Resolution (HJR 1901). George Holmes served for 16 terms in the North Carolina House of Representatives from 1975 to 1976 and from 1979 to 2008. He died on December 31, 2009, at the age of 80, and is survived by his wife, Barbara Ann Ireland Holmes; daughter and son-in-law and three grandchildren.

_Members of the House honored the twentieth anniversary of the Americans with Disabilities Act on Thursday with a House Joint Resolution (HJR 2076). This year marks the 20th anniversary of the Americans with Disabilities Act, landmark legislation to protect the civil rights of individuals with disabilities and ensure that more than 54 million Americans receive the same basic freedoms – independence, equal access, freedom of choice and inclusion – afforded to every citizen in our country.
Please remember that you can listen to each day’s session, committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select "Audio," and then make your selection – House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.
Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. June 17, 2010

2010-06-17T17:26:00.001-04:00

Work continued this week on our state budget as I and other negotiators met to work out our differences. We are moving closer to a final plan and I remain confident we will have our work completed soon.

Our efforts in other areas continue to remain strong as well. The following information highlights some of the legislation we have worked on this week.

Thank you as always for your interest in state government. If you have any questions about this information or anything else that I can help with, please contact me. I am always glad to be of service.

Agriculture

_The Department of Agriculture and Consumer Services and the Department of Environment and Natural Resources would be directed to continue to work with the NC Farm Bureau Federation, other agricultural organizations, and farmers in the state to develop a plan to identify and report agricultural water infrastructure needs under a bill that passed the House this week (HB 1748). If enacted the legislation would also direct the previously mentioned Departments to encourage voluntary practices that conserve and protect water resources and to design a cost-share program to assist farmers and agricultural landowners who implement best management practices to conserve and protect water resources related to agricultural use.

_Legislation that would establish a task force to develop a plan for the establishment and maintenance of a statewide water and wastewater infrastructure resource and funding database passed the House on Thursday (HB 1746).

_Local governments that provide public water service or community water systems would be required to address foreseeable future water needs when eighty percent of the water system’s available water supply has been allocated or when seasonal demand exceeds ninety percent under a bill that passed the House on Thursday (HB 1747). The legislation is based on the recommendations of the Legislative Study Commission on Water and Wastewater Infrastructure.

Animals

_The North Carolina Zoological Park Funding and Organization Study Committee would be extended under a bill that passed the House this week (HB 1720). If enacted, the legislation would also authorize the Division of Motor Vehicles to issue special registration plates for the North Carolina Zoological Society.

_Legislation that increases the penalty for killing an animal from a Class A1 Misdemeanor to a Class H Felony has been ratified by the General Assembly and sent to Gov. Perdue to be signed into law (SB 254). The legislation would also increase the penalty for the malicious abuse or torture of an animal from a Class I Felony to a Class H Felony. Susie's Law, as the legislation is commonly known, is named after a dog found burned and left to die in a Greensboro park last summer.

Miscellaneous

_ The State Board of Education would be directed to appoint a task force to create a Comprehensive Arts Education Development plan for the public schools of North Carolina under a bill that passed the House this week (SB 66). The Task Force would be instructed to specifically consider policies to implement arts education in the public schools.

_The Department of Transportation would be directed to accept and use municipal funding for pedestrian safety improvements on state roads within municipal limits under a bill that passed the House this week (SB 595).

_The Division of Health Service Regulation within the Department of Health and Human Services would be directed to coordinate a review of the education and training requirements for nurse aides under a bill that passed the House this week (SB 1191). The bill is based on the recommendations of the North Carolina Study Commission on Aging.

_The Statutes governing the use of 911 funds would be amended under a bill that passed the House this week (HB 1691). If enacted, the legislation would give counties more flexibility to spend the money and a state panel would change how the money is distributed to more closely follow the population the 911 Center covers and their past expenses. Under the legislation, proceeds could now be used for statewide projects, and local centers would be required to meet operating standards to qualify for their share of funds.

_Wood-chipping machinery would be exempt from sales tax under a bill that passed the House this week (HB 1842). The tax exemption would be applied to sales of wood chipping machinery that has been assigned a seventeen-digit vehicle identification number specified by the National Highway Transportation Safety Association. "Wood chipping machinery" is machinery used to convert raw forest products into wood chips.

Notes

_ Magna Composites LLC plans to expand three plants in the western part of North Carolina and create 327 new jobs over the next four years. The expansion – in which Magna plans to invest $10 million in facilities in Salisbury, Lenoir and Newton – was made possible in part by a state Job Development Investment Grant.

_On Thursday, the House approved a House Joint Resolution to provide for the confirmation of the appointment of former Rep. Lucy T. Allen to the Utilities Commission (HJR 1907).
Please remember that you can listen to each day’s session, committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select "Audio," and then make your selection – House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.
Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. June 10, 2010

2010-06-11T13:51:00.001-04:00

Members of the House and Senate began meeting this week to negotiate a final budget proposal to present to Gov. Beverly Perdue. Our intention is to complete our work by the end of the month so that the adjustments we propose will be in place by the start of the next fiscal year.

We have also been working steadily on a number of other issues, and I have included information below about some of the legislation that is moving through the House. I hope you will find it useful.

Thank you as always for your interest in state government. If you have any questions about this information or anything else that I can help with, please contact me. I am always glad to be of service.

Education

_School improvement teams may now be required to use the Education Value Added Assessment System (EVAAS) or a compatible system to collect diagnostic information on students that could help improve their achievement. The legislation (HB 1669) that passed the House this week is based on the recommendations of the Joint Legislative Oversight Committee.

_A bill that would restore a balance to the law on unemployment compensation for substitute teachers passed the House this week (HB 1676). No substitute teacher or other substitute school personnel will be considered unemployed for time they don’t work unless they were employed as a full-time substitute The bill is based on the recommendations of the Joint Legislative Education Oversight Committee.

_Public schools would be required to use evidence-based fitness testing for students in grades K through 8 under a bill debated in the House Committee on Health on Tuesday (HB 1757). The bill is based on the recommendation of the Legislative Task Force on Childhood Obesity.

_Legislation that would give certain local boards of education additional flexibility with regard to instructional time lost due to inclement weather passed the House this week (SB 636).

_Legislation that would prohibit the use of corporal punishment on a student with a disability whose parent has stated in writing that corporal punishment shall not be administered on that student passed the House this week (HB 1682). If enacted, the bill would also require local boards of education to report concurrences of corporal punishment to the State Board of Education.

Environment

_The Department of Environment and Natural Resources, in conjunction with others, would develop a statewide survey to assess the state’s water and wastewater infrastructure needs under a bill debated by the House Committee on Water Resources and Infrastructure on Tuesday (HB 1749). If enacted, the legislation would also direct the department to work with other groups to incorporate the information into the state water supply plan.

Miscellaneous

_The mill rehabilitation credit would be extended under a bill that passed the House this week (HB 1829). If enacted, the legislation would also make changes to the credit for investing in renewable energy property and would establish a credit for constructing a renewable energy property facility. In addition, the bill would lower the sales tax compliance burden on small retailers, relieve the annual report compliance burden on small businesses, reduce the franchise tax burden on construction companies, and improve the tax and debt collection process. The bill is based on the recommendations of the Revenue Laws Study Committee.

_Legislation that would modernize the North Carolina Alcoholic Beverage Control System was debated in the Committee on Alcoholic Beverage Control on Tuesday (HB 1717). Among other things, the bill would prohibit local board members from accepting gifts from contractors doing business with their panel or stores and instruct them to avoid conflicts of interest that could financially benefit themselves or family members.

_The Department of Health and Human Services would be authorized to register animal shelters under the North Carolina Controlled Substances Act for the limited purpose of obtaining, possessing, and using drugs for animal euthanasia under a bill debated by the House Committee on Judiciary I on Tuesday (HB 1741). If enacted, the bill would authorize certified euthanasia technicians to administer these drugs to euthanize dogs and cats on the premises of the animal shelter and give the Department of Agriculture and Consumer Services explicit authorization to reject certification or to decertify a euthanasia technician for felony convictions.

_The sale of certain underutilized state aircraft would be required under a bill debated by the House Committee on State Government and State Personnel on Tuesday (HB 1823).

Notes

_On Wednesday, members of the House honored the life and memory of Robert “Bob” Hensley with a House Joint Resolution (HJR 1678). Bob Hensley represented Wake County in the state House from 1990 to 2002. During his tenure in the legislature, Bob Hensley was chairman of the Judiciary and State Personnel committees and vice-chair of the Alcoholic Beverage Control Committee. Hensley died on August 18, 2009 from complications of leukemia. He is survived by his wife, Pat Granger Hensley, and sons, Preston, Chris and Robert Hensley III.

_Clearwater Paper Corp. plans to invest $260 million and hire 250 workers over the next five years to build a new manufacturing and distribution facility in Shelby. The plant will make private-label tissue products for retail grocery chains throughout the Southeast and along the East Coast.
Please remember that you can listen to each day’s session, committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select "Audio," and then make your selection – House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. June 3, 2010

2010-06-04T22:13:00.001-04:00

With the state’s citizens and businesses suffering from the effects of the international financial crisis, House members acted decisively this week by approving our version of the budget. The plan we propose will create jobs, encourage economic activity, provide job training and higher education opportunities and protect core services, such as health care for the most vulnerable residents. We will also continue our push to conduct government business more transparently, to spend wisely and to eliminate waste and fraud. The following information highlights just some aspects of the budget that address these important issues. These items are still subject to change as debate in our chamber continues and the bill then moves on to conference committee. I hope you will find it useful.

Thank you as always for your interest in state government. If you have any questions about this information or anything else that I can help with, please contact me. I am always glad to be of service.

Jobs

_Tax credits for small businesses –
_ Tax Benefits for Investments in Small Business - $3.6 million.
_ Tax Benefits for Small Businesses That Provide Health Insurance – ($250/employee) - $7.2 million.
_ Tax Benefits for Putting People Back to Work ($1000/employee for businesses with 25 employees or less) - $7.2 million.

_ Provides additional funding for the One NC Fund to enhance the competitive position of North Carolina when recruiting national and international business and industry projects. Three percent of these funds shall be used for small business expansion - $10 million.

_ Funds the One NC Small Business Fund program, which provides matching grants to businesses that qualify for federal incentives funds - $1.5 million.

_ Appropriates funding for Job Maintenance and Capital Development Fund for employment in Tier 1 counties - $5.5 million.

_ Provides funding for the Main Street Solutions Program and the creation of one two-year time limited position to administer the program. This program provides grants to active Main Street Communities and designated micropolitans with populations between 10,000 and 50,000 people. Grants are to be used to support downtown economic development, historic preservation initiatives, and other public and private improvement projects that will support small businesses and job creation - $2 million.

_ Provides funds to help create additional export opportunities for NC companies in Asian and South American markets and to increase North Carolina investment interest from Asian and South American companies - $200,000.

_ Provides funding for marketing North Carolina as a tourist destination - $1 million.

_ Provides funding to support the seven Regional Economic Development Commissions - $5 million.

_ Provides funds for the Biofuels Center to develop North Carolina's biofuels industry - $5 million.

_ Provides nonrecurring matching funds for a US Department of Energy grant for energy research and green jobs - $500,000.

_ Provides nonrecurring funding for the Indian Economic Development Initiative - $100,000.

_ Provides funds for small business loans for those who have limited access to credit - $750,000.

_ Provides additional funding for the Biotechnology Center to develop the State's biotechnology industry - $4.27 million.

_ Provides additional funding for the Rural Center's Building Reuse and Restoration Program to strengthen the capacity of rural communities to compete for and attract new and expanding businesses. Funding for small-scale regional community development projects is also included - $3.13 million.

_ Provides funding to the Rural Center to continue the Small Business Assistance Fund - $1 million.

_ Provides funding for the Rural Center to provide assistance to farmers via grants up to $20,000 in three areas: 1. Improving energy efficiency on the farm; 2. Developing new markets; 3. Developing new products - $1 million.
_Provides funding for Got to Be NC Marketing to promote North Carolina agricultural products - $300,000

Education

_ Prevents layoffs of any instructional personnel in K-12 by adjusting the lottery receipts budgeted for Classroom Teachers - $126 million.

_ Restores proposed cuts for assistant principals - $4.5 million.

_ Provides on a nonrecurring basis for the purchase of replacement textbooks for emergency situations. The State Board of Education shall develop rules and guidelines for the allocation of these funds - $5 million.

_Funding for UNC Need-Based Financial Aid - $12 million

_Full funding for community college enrollment growth to be used to hire additional faculty and student support staff - $85 million

_ Eliminates 26 positions in order to find efficiencies and reduce redundancy in the Department of Public Instruction Technology Services area. The reduction includes departmental NC WISE positions, Offices of the Chief Information Officer, Chief Technology Officer, Technology Business Services, and Project Management. NC WISE has been deployed, reducing the need for personnel – ($2.8 million).

Fiscal Responsibility

_ Abolishes 47 positions in the UNC system that have been vacant two years or longer – ($2.5 million).

_ Reduces funds available within the Division of Child Development in anticipation of saving money related to better management and tracking of child care subsidy expenditures. The new system will reduce expenditures associated with fraudulent and inaccurate payments – ($6 million).

_ Eliminates State appropriation for the purchase of vaccine for which health care providers and local health departments should be billing health insurers for reimbursement. North Carolina health insurers reimburse for the full series of standard immunizations recommended by Centers for Disease Control and Prevention (CDC) and the American Academy of Family Physicians, as well as those required by the North Carolina Immunization Program – ($15.9 million).

_ Provides savings in overall Medicaid expenditures through the expanded efforts of the Community Care Network of North Carolina (CCNC). DHHS contracts with CCNC to manage use of Medicaid services. Savings will be generated by expanding CCNC's care management programs in hospital discharge, mental health; palliative care, and pharmacy. The improved Informatics system will enhance data integration, analytics, and reporting, increasing performance and cost savings – ($26 million).

_ Generates savings by implementing various pharmacy program improvements, including collecting drug rebates on certain prescription drug claims; stopping reimbursement for lost prescriptions; requiring prior approval on rand drugs when 'medically necessary' is written on the prescription; creating a specialty drug network for dispensers of certain high cost drugs; requiring prior approval on all requests for the drug Synagis; and eliminating the ineffective FORM pharmacy program – ($5.6 million).

_ Generates savings by adding mental health drugs to the Preferred Drug List (PDL), which were previously not part of the PDL savings, and also requires prior authorization but only for offlabel prescribing of mental health drugs – ($10 million).

_ Eliminates Medicaid reimbursement of 'never events' in hospital inpatient settings. 'Never events' are certain types of medical issues that develop or are acquired while a person is in a hospital, but should have been prevented. The policy change brings Medicaid in line with Medicare reimbursement – ($5 million).

_ Generates savings through new Program Integrity initiatives, including Medicaid SWAT teams for on-site investigations, strengthening Medicaid fraud laws, innovative technology to detect fraud and abuse, and prepayment reviews for questionable providers – ($36.2 million).

_ Generates savings by doubling the Medicaid Investigative Unit staff at the AGO to expand the prosecution of Medicaid fraud and abuse. Additional staff will ensure increased prosecution and additional Medicaid funds recovered from fraudulent providers – ($1 million).

_ Consolidates the Division of Pollution Prevention and Environmental Assistance, the Customer Service Center, and the Small Business Ombudsman into one Division, the Division of Environmental Assistance and Outreach. This consolidation eliminates four positions – ($230,000).

_ Reduces the appropriation for medical services for inmates based on capping fees paid as a percentage of billed charges. This reduction applies to inpatient and outpatient hospital services as well as professional services – ($20.5 million).

Accountability

_ Reduces personnel and operating expenses for aircraft operations. This reduction eliminates two pilot positions and one mechanic position. The sale of 10 eliminated aircraft is expected to result in over $1 million in one-time revenue – ($1.2 million).

_ Eliminates the Marine Fisheries Division's three helicopters and associated operating expenses in accordance with the recommendations from the Program Evaluation Division's Study of State Aircraft. The aircraft will be sold, generating one-time revenue of $35,000 – ($60,218).

_ Provides funds to expand the Medicaid Fraud Criminal Investigation Team. The expanded unit will consist of sworn investigators, attorneys, program assistants, financial investigators, and administrative support personnel. This investigative unit is responsible for obtaining convictions of community service providers that commit fraud, recovering restitution and civil penalties for the benefit of the Medicaid Program and the Civil Forfeiture Fund, and deterring fraud – $3 million.

_ Appropriates funding for four positions and operating expenses to ensure the State Ethics Commission has resources for design, implementation, training, and technological support for an online/electronic personal and financial disclosure system (Statement of Economic Interest, or SEI), and to meet the gift ban requirement - $547,600.

_ Provides funding for the Good Government package, including an attorney and software development - $450,000.

Notes

_Citco Fund Services (USA) Inc. plans to create 258 jobs in Mecklenburg County over the next five years. The company will invest $3 million to open its first North Carolina office thanks in part to a state Job Development Investment Grant.

_The North Carolina Department of Cultural Resources is proud to announce three fun-filled days – 2nd Saturdays – in June, July & August, at all NC State Historic Sites and Museums. Over 100 free events have been planned across the state on June 12th, July 10th and August 14th. 2nd Saturdays will combine arts, music and heritage with food, agriculture and fun at all 37 museums and historic sites. For more information about events and locations, please visit: http://ncdcr.gov/2ndsaturdays-venues.asp
Please remember that you can listen to each day’s session, committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select "Audio," and then make your selection – House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.
Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. May 27, 2010

2010-05-28T13:11:00.002-04:00

Our appropriations process continues to move along steadily and we hope we are nearing the time when we will vote on a final version of the House budget. Our chief intent as we draw up this plan is finding ways to preserve jobs and to limit the impact of budget cuts in education.

Thank you as always for your interest in state government. If you have any questions about this information or anything else that I can help with, please contact me. I am always glad to be of service.

Military

_A resolution honoring North Carolina veterans on Memorial Day passed the House on Wednesday (HJR 1940). The General Assembly expressed profound gratitude to the men and women of the United States Armed Forces for their selfless service and honored the memory of those killed in the line of duty. Veterans from across the state were present for the reading of the resolution.

_The Division of Motor Vehicles could note a person’s military service on driver’s licenses or special identification cards under a bill that was introduced in the House this week (HB 1965).

Economy

_The sunset on various economic incentives would be extended under a bill that was introduced in the House this week (HB 1973). These economic incentives include a credit for constructing renewable fuel facilities, a credit for small business employee health benefits, and a credit for biodiesel producers, among others. If enacted, the legislation would also provide an enhanced incentive for jobs in high unemployment counties.

_The competitiveness of North Carolina’s film credit for production companies would be increased under a bill that was introduced in the House this week (HB 1957).

_ The North Carolina Seafood Marketing Grant Program would be established in the Department of Agriculture and Consumer Services under a bill that was taken into consideration by the House Committee on Marine Resources and Aquaculture this week (HB 1709). The program would provide funding to local marketing programs that promote the increased purchase and consumption of North Carolina seafood.

Violence

_A bill that would increase the penalty for the killing of an animal from a Class A1 Misdemeanor to a Class H Felony was unanimously approved in the House this week (SB 254). The legislation would also increase the penalty for the malicious abuse or torture of an animal from a Class I Felony to a Class H Felony. Susie's Law, as the legislation is commonly known, is named after a dog found burned and left to die in a Greensboro park last summer.

_The North Carolina Supreme Court would be directed to establish minimum standards of domestic violence education and training for district court judges under a bill that was taken into consideration by the House Committee on Ways and Means/Broadband Connectivity this week (HB 1762). If enacted, the legislation would also encourage the University of North Carolina School of Government to provide domestic violence education and training for judges and magistrates. The legislation is based on the recommendations of the Joint Legislative Committee on Domestic Violence.

Miscellaneous

_A bill that would appropriate funds for the Kids Voting of North Carolina Program was introduced in the House this week (HB 1924). Kids Voting North Carolina is a private, nonpartisan, nonprofit organization that promotes voter participation by educating America's youth about the importance of being informed citizens and the responsibilities of voting to sustain democracy.

_The Division of Aging and Adult Services could study whether to require criminal record checks for current and prospective owners, operators, and volunteers of adult day care programs and adult day health services programs. The legislation (HB 1703) is based on the recommendations of the North Carolina Study Commission on Aging and was considered this week by the House Committee on Aging this week.

_School districts would have more flexibility to improve failing schools under legislation approved in the House this week. The bill (SB 704) gives school systems additional authority to reorganize failing schools, including the ability to operate them like charter schools. Charter schools are public schools that are exempt from some of the rules that apply to traditional schools. The legislation is expected to help strengthen the state’s application for federal education money.
Notes

_Vitacost.com Inc., a leading online retailer and direct marketer of health and wellness products, will expand in Davidson County. The company plans to invest $6.7 million and create 228 jobs over the next three years. The project was made possible in part by a $450,000 grant from the One North Carolina Fund.

_WhiteRidge Plastics LLC, a national supplier of custom-molded plastic parts for the automotive, industrial, agricultural, tool and custom-part markets, will expand its operations in Rockingham County. The company plans to create 55 jobs and invest more than $1.2 million during the next three years in Reidsville. The project was made possible in part by a $45,000 grant from the One North Carolina Fund.

_The American Red Cross will create 440 jobs at a Charlotte call center. The American Red Cross, based in Washington, D.C., is the largest single supplier of blood and blood products in the United States. Charlotte was selected as the location for the call center thanks partly to job training assistance provided by the state.

_The second phase of North Carolina’s Energy Star Appliance Replacement and Rebate Program starts June 1. In the second phase, more appliances are eligible for rebates to consumers seeking to cut energy costs by replacing older, less-efficient models. The rebates are available until $1 million set aside for the program is exhausted. The link to the N.C. Energy Star Appliance Replacement and Rebate Program can be found at www.energync.net. Consumers without Internet access may call 1-877-379-7323.
Please remember that you can listen to each day’s session, committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select "Audio," and then make your selection – House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.
Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. May 20, 2010

2010-05-21T13:11:00.001-04:00

Work at the General Assembly is going rapidly so far this session, with the Senate approving its version of the budget bill this week, much earlier than in past years. The bill now comes to the House for consideration. Our budget committees have already been meeting to review the contents of the Senate bill and will start crafting our plan soon.

We will once again be accepting comments and ideas from anyone willing to offer them. The House Appropriations Committee will be hosting a public hearing on the budget on Monday beginning at 7 p.m. The hearing will be at the McKimmon Center in Raleigh with satellite sites at Bladen Community College, Central Piedmont Community College and Southwestern Community College. In addition, we will be accepting email comments at town.hall@ncleg.net. You can get additional information from the General Assembly website, www.ncleg.net.

Thank you as always for your interest in state government. If you have any questions about this information or anything else that I can help with, please contact me. I am always glad to be of service.

Jobs/Economy

_A bill that would provide H.E.L.P. (Health Care, Employment, Leverage, and Preparation) for small businesses in North Carolina was debated in the House Committee on Commerce, Small Business and Entrepreneurship on Wednesday (HB 1721). This bill would help create or retain 6,000-7,000 jobs, conservatively. It would also help many small businesses get through a very difficult time and it would give the state a stronger structure with which to assist small businesses. The bill is based on the recommendations of the House Select Committee on Small Business.

_Funds would be appropriated to the E-NC Authority to support connectivity initiatives and to advance technology-based economic development throughout the state under a bill that was introduced in the House this week (HB 1752).
_The House will be considering a bill that would provide funds for planning and funding of pilot programs recommended by the Joint Legislative Joining Our Businesses and Schools (Jobs) Study Commission (HB 1718).

_A bill that would appropriate funds in support of the North Carolina Community Development Initiative for capital acquisition leverage and green agenda programs in low-wealth communities was introduced in the House this week (HB 1872).

Health

_Legislation that would allow already enrolled dependent children under the age of 26 who are not eligible for employer-based health care to remain on the North Carolina State Health Plan for Teachers and State Employees for plan year 2010-2011 was discussed by the House Committee on Insurance on Thursday. If enacted, the legislation would also direct the State Health Plan to consult with the Committee on Hospital and Medical Benefits before implanting a tobacco use testing program (HB 1707).

_A bill that would appropriate funds to prevent infant mortality in North Carolina was taken into consideration in the House Committee on Health on Thursday (HB 1702).

_The Child Care Commission, in consultation with the Division of Child Development of the Department of Health and Human Services, would be required to develop improved nutrition standards for child care facilities under a bill that is in the House Committee on Health (HB 1726). If enacted, the bill would also direct the Division of Childcare Development to study and recommend guidelines for increased physical activity in child care facilities. The legislation is based on the recommendations of the Legislative Task Force on Childhood Obesity.

Crime/Safety

_Funds would be appropriated based on recommendations from the Joint Legislative Committee on Domestic Violence under a bill that was introduced in the House this week (HB 1788). These funds would be allocated for: (1) the Domestic Violence Center Fund; (2) the North Carolina Council for Women and the Domestic Violence Commission to pay for shelters for victims of domestic violence; (3) the Governor's Crime Commission to create supervised visitation and exchange centers and to continue existing centers; (4) and for local programs to prevent domestic violence.

_Funding for law enforcement support services in the Department of Crime Control and Public Safety would be restored under a bill that was introduced in the House this week (HB 1813).

Notes

_Advanced Textile Solutions Inc., a regional company specializing in fabric products for the military, automotive, aerospace and marine markets, will open a new plant in Caldwell County. The company plans to create 127 jobs and invest $500,000 during the next three years in Sawmills. The project was made possible in part by a $127,000 grant from the One North Carolina Fund.

_The Appropriations Committee of the North Carolina House of Representatives will hold a public hearing on Monday, May 24, to receive comments about the state budget. The hearing will be held from 7-10 p.m. at the McKimmon Center in Raleigh. Email comments concerning the budget may be sent to town.hall@ncleg.net up to midnight of May 25. Written comments postmarked by May 25 may be sent to House Appropriations Committee, Suite 401, Legislative Office Building, 300 N. Salisbury Street, Raleigh, NC, 27603-5925. Additional information will be available at http://www.ncleg.net. Three community colleges that will serve as remote host sites are: Bladen Community College, Dublin; Central Piedmont Community College, Charlotte; and Southwestern Community College, Sylva.

Please remember that you can listen to committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select "Audio," and then make your selection – House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room. A calendar of meetings is also available on the site.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. May 13, 2010

2010-05-14T12:18:00.001-04:00

The General Assembly reconvened this week, and I am proud to once again be in Raleigh representing your interests. Several committees have already met and we are starting to consider new legislation that will help make our state a better place to live. We also will be looking at some bills from last session that are still eligible for consideration this year. I reintroduced some of them to you last week and this week will summarize some bills that relate to education, crime, and emergency management, among other important areas of interest.

Also this week, I joined with members of the House Democratic Caucus to approve a four-point agenda that focuses on jobs, education, fiscal responsibility and accountability. We already have legislation in the works to address each of these items and will also support them through the state budget.

Thank you as always for your interest in state government. If you have any questions about this information or anything else that I can help with, please contact me. I am always glad to be of service.

Education

_The State Board of Education would be directed to annually review nutrition standards for food and beverages administered by the Department of Public Instruction under a bill that has already passed the House (HB 900). According to the bill, the State Board of Education would examine the standards on an annual basis and make modifications that reflect current products in the marketplace, best practices in the industry, and science-based evidence from the Dietary Guidelines for Americans.

_Local school administrative units could be required to reorganize all high schools that have a high dropout rate. Under the bill (HB 1176), local boards of education would be required to reorganize all high schools that have a graduation rate less than 60 percent for two consecutive years.

Emergency Management

_The Division of Health Service Regulation, a branch within DHHS, would be directed to review recommendations from the Disability and Elderly Emergency Management Task Force under a bill that has already passed the House (HB 143). The bill would require the division to take appropriate action to strengthen disaster planning and disaster preparedness for long-term care facilities. This legislation is based on the recommendations of the NC Study Commission on Aging and is now in the Senate.

_The Division of Emergency Management would be authorized to establish a registry that counties and municipalities could use to identify functionally and medically fragile people during a disaster under a bill that has already passed the House and is now in the Senate (HB 382). If enacted, the bill would also authorize counties and municipalities to operate similar registries. The intent of this legislation is to improve the safety of medically vulnerable individuals in the event of a disaster.

_The Division of Emergency Management may be allowed to establish a voluntary emergency management certification program under a bill that has passed the Senate (SB 255). The purpose of the program is to strengthen and enhance the professional competencies of emergency management personnel in state and local emergency management agencies.

Crime

_Private personnel services, job listing services, and individuals would be required to provide a notice to potential customers concerning identity theft under a bill that has already passed the House (HB 1265).

_A number of improving changes would be made to the state’s sex offender registry under a House bill that is now in the Senate (HB 1317). Among those changes are: (1) requiring people who must register as sex offenders to report in person to and notify the appropriate sheriff of the addresses of any temporary residences; (2) expanding the list of properties where certain sex offenders are not allowed to be in the premises; and (3) requiring registered sex offenders from other states to stay away from certain properties frequented by minors.

_ Legislation that would prohibit cell phones in prison (HB 8) has already been unanimously approved by the House. The bill would also make it unlawful for a prison guard to provide a phone to an inmate. Some prison officials had reported that more prisoners were smuggling in phones. The bill is now in the Senate.

Miscellaneous

_A bill that would expand the authority of the North Carolina Department of Transportation to locate and acquire right-of-way for the location, above or below ground, of fiber-optic cable has passed the House and is now in the Senate (HB 136).

_A bill that would provide for an alternative credit for qualifying expenses of a production company has passed the House and is now in the Senate (HB 713).

_Legislation that would provide a Survivor’s Alternate Benefit for survivors of law enforcement officers killed in the line of duty has already passed the House (HB 766). If enacted, the principal beneficiary of an officer who has completed 15 years of service would be entitled to the survivor’s benefit should that officer be killed in the line of duty. The Senate must now pass the bill before it becomes law.

_State and local governments would be encouraged to use military veteran contractors under a bill (HB 912) that has passed the House and now awaits action in the Senate.

_ Political candidates could be prevented from accepting campaign donations from a company or from the officers of companies with active state contracts. The intent of the legislation (HB 961) is to prevent possible conflicts of interest by candidates and state contractors. The Senate will consider the bill next.

_ All units of local government would be allowed to regulate golf carts under a bill that has already passed the Senate (SB 650).

_Bicycles could be required to have visible lights on the front and rear, or on the person operating the bicycle, between sunset and sunrise if they are being used on a street, highway, or public area for vehicles. The bill (SB 955) has passed the Senate and, if enacted, would also require the report of a crash involving a motor vehicle and a bicycle where the total property damage exceeds $500.

_Leaving a child under the age of 9 unattended in a motor vehicle would be made unlawful under a bill that has already passed the House (HB 827). The bill is now in the Senate.

Notes

_VSA LLC, a recycler of automotive catalytic converters, will locate its production plant in Burke County. The company plans to create 98 jobs and invest $4.5 million during the next two years in Morganton. The project was made possible in part by a $98,000 performance-based grant from the One North Carolina Fund.

Please remember that you can listen to committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select "Audio," and then make your selection – House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room. A calendar of meetings is also available on the site.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. May 5, 2010

2010-05-07T18:06:00.002-04:00

The short session of the General Assembly reconvenes next Wednesday, and I am excited to return to Raleigh on your behalf. My focus while we are in session will be finding more and better ways to help retain and attract jobs for our state and to continue being good stewards of public money. There will also be other subject areas that we will address, of course, including continued ethics reform, health care improvements and education.

The following information highlights just some of the bills introduced last year that are eligible for consideration during the upcoming legislative short session, bills that touch on the economy, the environment and election and ethics reforms. Next week we will be discussing bills introduced last year that relate to education, crime, and emergency management, among other important areas of interest.

Thank you as always for your interest in state government. If you have any questions about this information or anything else that I can help with, please contact me. I am always glad to be of service.

Economy and Consumer Protection

_A bill being considered during the upcoming legislative session would enact the Small Business Assistance Act of 2009 and would establish the Small Business Jobs Preservation Fund in the Office of State Budget and Management with related programs coordinated by a technical assistance provider (HB 814).

_The purchaser of foreclosed property would be unable to evict tenants who receive federal Section 8 housing assistance prior to the expiration of the tenants’ leases (HB 1051).

_Expanded consumer protection could be put in place to protect against abusive debt buyers under a bill introduced last session (HB 1059).

_A bill that would enact the Homeowner and Homebuyer Protection Act may be considered. (HB 1060). If enacted, the legislation would prohibit home foreclosure rescue scams and offer protections in land installment sales.

Environment

_Certain environmental laws may be amended under a bill that may be taken into consideration during the coming legislative short session (HB 1099). Among the changes would be to (1) extend by one year the implementation of water system efficiency criteria for eligibility for state water infrastructure funds; (2) prohibit the use of high arsenic content glass beads when marking state or municipal roads or public vehicular areas; (3) modify the nutrient management strategy and adopt a sediments strategy for certain drinking water supply reservoirs; and (4) to protect and restore water quality and quantity in the Upper Neuse River Basin, Falls Lake, and other drinking water supply reservoirs by directing the environmental management commission to provide credit to local governments, land owners, and others who reduce water pollution in the Upper Neuse River Basin before permanent rules are adopted.

_State agencies, including community colleges and public universities, would be required to recycle lights and thermostats containing mercury as part of a bill lawmakers could consider this year (HB 1287). As part of an effort to prohibit mercury in unlined landfills, the legislation would also require the removal of products containing mercury from buildings prior to demolition.

_An act that would authorize the governor to impose fuel rationing measures during a state of disaster, a local state of emergency, or an abnormal market disruption, is eligible for consideration this year (SB 811).

Elections and Ethics Reform

_The threshold for reporting campaign contributions would be lowered to $500 under a bill that has already passed the House and is now in the Senate (HB 388). Existing law exempts candidates who raise less than $3,000 from having to submit detailed reports of contributions, loans and expenditures. The intent of the legislation is to provide more information about how candidates raise and spend money.

_Candidates for political office could market legal services or promote other commercial activities not connected to their political campaigns without being subject to additional campaign reporting (HB 1048). The bill would allow candidates to be mentioned in mailers and TV ads for their businesses, aligning North Carolina’s law more closely with the US Supreme Court decision on nonpolitical communications.

_Legislation that could improve North Carolina’s absentee voting laws may be considered this year in the Senate (HB 614). The bill has already passed the House and is specifically intended to improve the ability of military and overseas voters to cast timely ballots.

_The House has passed a bill that would require more disclosure of campaign fundraising and donations by appointees to state boards and commissions. The Senate may act on the legislation this year. (H944).

_The state's revolving door provision would be expanded to cover executive branch employees, and bar them from lobbying for 6 months after they leave under a bill introduced last session (H1136). The House approved the legislation unanimously last year.

_Vendors who win large state contracts would be prohibited from giving large campaign donations to the elected official whose office makes the contracting decision under a bill introduced last session (H961). The legislation was passed by the House and now awaits action in the Senate.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. April 29, 2010

2010-04-30T11:17:00.001-04:00

Oversight and regulation of our education system is a critical part of state government. The Joint Legislative Education Oversight Committee has worked diligently during the interim to study ways to improve education in North Carolina and made several recommendations in a report to the legislature this week.

The following information outlines these findings and recommendations.

Thank you as always for your interest in state government. If you have any questions about this information or anything else that I can help with, please contact me. I am always glad to be of service.

School calendar

_Findings: The current school calendar law requires that school systems adopt a calendar that includes a plan for making up time missed when schools are closed due to inclement weather. The law also provides waivers for "good cause." The committee finds that for the 2009-2010 school year the calendar law did not provide the flexibility necessary for school systems to make up the unusually large number of days missed due to inclement weather.

_Recommendations: The committee recommends amending the existing calendar law to provide school systems the flexibility needed to make up the missed days. The amended law would apply only to the 2009-2010 school year.

School Transition

_Findings: The committee finds that the transition from middle school to high school is a significant event in children’s lives and requires support from teachers, parents, counselors, and school administrators. Students' experiences in ninth grade often determine their success throughout high school, but the ninth-grade year is often characterized by a decline in grades and attendance. Students who are promoted to 10th grade, but who are off track may have already missed the opportunity to get on a graduation track. Too often a poor start in high school leads a student to drop out. In North Carolina, students dropped out most frequently during ninth grade.

_Recommendations: The committee recommends that the State Board of Education consider these suggestions to better prepare students for the transition from middle school to high school:
· Develop and adopt a vision for the middle grades to prepare more students for challenging high school studies.
· Consider having a team of professionals within the Department of Public Instruction whose job is to bring focus to the middle grades.
· Make adolescent reading an immediate and sustained priority.
· Better prepare students for Algebra I by eighth or ninth grade.
· Support professional development of teachers and school principals.
· Build student aspirations for college, advanced training and careers by engaging them in exploration and planning for future career and educational opportunities.

College and Career-Ready Students

_Findings: The committee finds that one of the goals of high school reform is to ensure that all students graduate "college and career-ready." Being ready for college and career means that a high school graduate has the English and mathematics knowledge and skills necessary to be placed and succeed in entry-level, credit-bearing college courses or the job training and/or education necessary for a chosen career without the need for remedial coursework. Although North Carolina is making progress in preparing all students to be college and career-ready, the job is not yet done.

_Recommendations: The committee strongly supports the ongoing efforts of the University of North Carolina, the North Carolina Community College System, the North Carolina Independent Colleges and Universities, and the Department of Public Instruction to ensure that all students are college and career-ready without needing remediation and recommends that they continue their work in this area.

School Leadership

_Findings: Effective principals are critical to the success of students, teachers, and entire schools. However, research suggests that many current and potential principals lack the skills necessary to lead today's schools. The committee finds that comprehensive, quality professional development is necessary to improve their skills.

The National Board for Professional Teaching Standards (NBPTS), the organization that sets and maintains the standards for teacher excellence, recently announced National Board Certification for Educational Leaders, which includes the development of National Board Certification for Principals. National Board Certification for Principals will be the first national certification program focused on principals and builds on the National Board's 20-year certification program for teachers and school counselors.

Recommendations: The committee strongly recommends that the state closely examine the National Board for Professional Teaching Standards program for principals and consider supporting, when funds become available, principals who are interested in participating in this program.

Positive Behavior Support Initiative

_Findings: The committee finds that the Positive Behavior Support Initiative is a comprehensive and systematic initiative that improves learning for all students by establishing and reinforcing clear behavioral expectations.

_Recommendations: The committee recommends that the General Assembly consider expanding the initiative statewide when funds are available.

Education Value-Added Assessment System

_Findings: The committee finds that the Education Value-Added Assessment System is effectively provides important diagnostic information to local school systems and school building staff in an efficient manner. The system provides reliable and precise information regarding student progress at the individual, subgroup and school levels. Such data improves student achievement because it allows quicker modifications to meet the needs of students.

_Recommendations: The committee strongly recommends that local school systems, schools, and teachers use this system to help raise student achievement.

Broadband Access

_Findings: The committee finds that ensuring broadband access in every school in North Carolina is an important part of the state's efforts to raise student achievement and prepare a globally competitive workforce. Broadband connectivity helps eliminate barriers to resources, services, and learning options, particularly for rural schools. Such access will help keep students engaged in school as well as provide teachers with opportunities for collaboration.

Recommendations: The committee strongly recommends that the General Assembly continues to improve broadband access for all public schools.

Students with Disabilities

_Banning Corporal Punishment for Students with Disabilities

_Findings: The committee finds that neither federal laws and regulations nor state laws prohibit administering corporal punishment to students with disabilities. As a leader in the education of students with disabilities, the committee believes that corporal punishment should be banned statewide for students with disabilities. Although local school systems have the option to enact such a ban, a uniform statewide ban would reinforce the state's commitment to students with disabilities.

_Recommendations: The committee recommends a statewide ban on corporal punishment for students with disabilities.

Notes

_MasterBrand Cabinets Inc., a national manufacturer of kitchen and bath cabinets for the remodeling and new construction markets, will expand in Lenoir County. The company plans to create 334 jobs and invest more than $3.75 million during the next three years in Kinston. The announcement was made possible in part by a $200,000 grant from the One North Carolina Fund.

_Spectrum Mills LLC will locate in McDowell County. The company, which will manufacture specialty textured yarns, plans to create 49 jobs and invest $2.7 million during the next three years. The project was made possible in part by a $135,000 grant from the One North Carolina Fund.

_ Each of the Department of Cultural Resources’ 37 sites will participate in the 2nd Saturdays program over the next three months, bringing together artists, history and authentic North Carolina culture. The sites include museums and state historic sites.
For more information, please visit: http://news.ncdcr.gov/2010/03/26/2nd-saturdays-faqs/.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. April 22, 2010

2010-04-23T16:04:00.003-04:00

Governor Perdue released her proposed budget this week, giving the General Assembly about three weeks longer than usual to consider the plan before the end of the fiscal year.

The proposal calls for cutting about $1 billion in spending and more than 600 positions. It would scale back or eliminate more than 70 programs that are unnecessary or inefficient in today’s economic climate and set aside $100 million to replenish the state's rainy day fund.

The plan also recommends strategic investments in job creation, education, government transparency and better communities. These investments are meant to bolster our state's recovery and help ensure North Carolina emerges from this recession as the best place in the world to live and work.

Over the next several weeks, I will be exploring the details of the nearly 300-page plan Gov. Perdue has proposed. The House of Representatives will then write its own proposal, so there is much subject to change before the final budget is adopted. The following information includes just a few of the highlights from the governor’s draft.

Jobs

_$86 million for several key investments in assistance to small businesses and infrastructure that will help create 35,000 jobs over the next three years.

_ $15 million for the “Back to Work” Incentive Fund which will provide a direct rebate to small businesses that hire long-term unemployed workers. A separate graduated tax credit will be provided to businesses that create jobs in the highest unemployment counties.

_This budget proposal renews the $250 per person credit for small businesses that provide health insurance to their employees. Additional recommendations to spur small business growth include a provision that allows businesses to expense up to $250,000 in investments.

_The governor’s budget also extends and raises the cap of the Qualified Business Venture Credit, which provides a capped incentive for angel investing in cutting edge industry sectors.

_ The plan recommends spending $15 million for the One NC Fund. To date, the fund has helped create 46,920 jobs and $7.8 billion in investment throughout the state.

_The budget provides $5 million to strengthen North Carolina’s efforts in the biotech, ag-biotech, and biofuels industries, $1.5 million for new and emerging companies through investments in the Small Business Innovation Research matching grant program, and $500,000 for green business jobs.

_The budget proposal provides an additional $1.5 million to promote North Carolina as a business and tourism destination, as well as $1 million to improve the economic viability of small family farms.

_ $1 million is allocated to guarantee a portion of small business loans supported through the Self-Help Credit Unions across our state.

_$150,000 is earmarked to develop the “In-Source” Supplier Network to encourage North Carolina businesses to buy and sell to one another.

Education

_Fully fund enrollment growth in universities and community colleges.

_The governor’s proposed budget provides an additional $85 million to meet enrollment demands in the community college system. Community college enrollment has grown about 16 percent since last year to more than 34,000 full-time equivalent students. It also includes $5.6 million for enrollment increases in the UNC System and $14 million to support campus buildings coming on line 2010-11.

_The proposal includes an additional $35 million for need-based financial aid in the University of North Carolina system and provides $6.5 million to expand need-based financial aid support for community college students. This additional aid, combined with increased Pell Grant awards, will minimize cost increases for needy students.

Health

_The governor’s proposed budget includes an initiative to crack down on Medicaid fraud, waste and abuse, which is estimated to save more than $35 million in 2010-11. Overall, state Medicaid expenditures are projected to grow $430 million next fiscal year in response to rising caseloads and costs.

_The plan calls for the restoration of $40 million for community mental health programs, which was cut in the last budget.

_ $12 million is planned to pay for additional local private hospital beds for mental health patients who require short term care.

_$8.5 million is recommended for the State Children’s Health Insurance Program, which will provide health insurance for an additional 8,100 children from working families.

_$9 million is proposed for targeted reimbursement to adult care homes that provide acute personal care services.

_The budget proposal expands the nationally recognized Project CARE Program by $1 million, which will allow 500 additional families to receive respite care services for loved ones with dementia.

Crime

_An additional $10 million is recommended for the Criminal Justice Law Enforcement Automated Data Services project that will merge all criminal data records into one interactive and comprehensive system. The system provides law enforcement and court system personnel more reliable and real-time information. This money would allow for the full implementation of the Wake County pilot project and expand it to North Carolina’s seven major metropolitan areas, covering over half of the state’s population.

_This budget proposal also provides $5 million to expand the VIPER system which ensures that first responders on the ground are adequately equipped to communicate with one another during emergency situations.

_$700,000 would be appropriated to give law enforcement statewide the ability to collect DNA at the time of the arrest, which is a top priority of county sheriffs.

Notes

_ United Furniture Industries NC LLC, a national manufacturer of residential upholstered furniture, will open a new facility in Davidson County. The company plans to create 150 jobs and invest more than $3.3 million during the next three years in Lexington. The announcement was made possible in part by a $125,000 grant from the One North Carolina Fund.

_ Greiner Bio-One North America Inc., a manufacturer and distributor of medical sampling devices and laboratory analysis technology, will create 51 jobs and invest $25 million in Union County over the next three years. The project was made possible in part by a $100,000 grant from the One North Carolina Fund.

_The Legislative Task Force on Childhood Obesity has submitted its report after studying the issue for the past several months and made 14 recommendations to curb childhood obesity in North Carolina. The report now goes to the General Assembly for consideration in the coming session.

_The State of North Carolina is offering a 15 percent instant rebate to all North Carolina residents who replace an appliance with the purchase of a new Energy Star qualified clothes washer, dishwasher, refrigerator or freezer from a participating North Carolina retailer Thursday, April 22 through Sunday, April 25. Funding was provided to the North Carolina State Energy Office from the federal American Recovery and Reinvestment Act, distributed nationwide by the U.S. Department of Energy.

_Gov. Bev Perdue, Chief Justice Sarah Parker and state House and Senate leaders have announced a bipartisan effort across state government to reduce spending on corrections and reinvest the savings in ways that prevent recidivism and hold offenders accountable for their actions. State leaders announced their partnership with the Council of State Governments Justice Center, the Pew Center on the States, and the U.S. Department of Justice’s Bureau of Justice Assistance, to analyze North Carolina’s criminal justice system using a “justice reinvestment” approach. State leaders worked together to secure this public-private assistance and financial support.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. April 19, 2010

2010-04-19T10:48:00.001-04:00

Oversight and regulation of utilities is a critical part of state government, particularly now as broadband service has become vital to the operation and success of our businesses.

During this past session, we made several important changes to our utility laws to allow better service for the people of our state while also trying to relieve companies of some of their reporting requirements when possible. We believe these changes will help create a more efficient system in our state.

Thank you as always for your interest in state government. If you have any questions about this information or anything else that I can help with, please contact me. I am always glad to be of service.

Broadband Service

_Public utility franchises that provide telephone service within a defined area may now provide that same service in adjacent areas if it also provides broadband service [S.L. 2009-80 (HB 135)]. This provision applies only when the existing telecommunications provider in the adjacent area is not providing broadband service to the customer.

Telephone Service

_The moratorium on the collection of the 911 fee from prepaid wireless providers has been extended through the 2010 calendar year [S.L. 2009-90 (HB 1027)].

Utilities/Carrier of Last Resort

_Carriers of last resort can now be relieved of their obligations for an area if that area has entered into an agreement with a communications provider that precludes the carrier from offering service in that area [S.L. 2009-202 (SB 889)]. The appropriate state agency and the people in the area have to be notified of the change. A provider also may be granted a waiver of its carrier of last resort responsibilities if it makes a showing to the appropriate state agency of all of the following: (1) providing service in the area would be inequitable or unduly burdensome; (2) one or more alternative service providers exist; and (3) granting the waiver is in the public interest.

Consumer Choice and Investment Act of 2009

_A new state law allows incumbent local telephone providers open to competition from other telephone service providers to elect to participate in an alternative form of regulation [S.L. 2009-238 (HB 1180)]. The alternative form of regulation exempts the companies from filing certain reports with the State Utilities Commission. In exchange, the companies commit to providing stand-alone basic service to rural customers at rates comparable to rates charged to urban customers and agree to limits on rate increases.

Utilities/Regulation of Pole Attachments

_Municipalities and certain membership corporations are required to permit communications providers, including providers of telephone service, broadband service, or cable service, to use their poles, ducts, and conduits at reasonable rates and conditions under negotiated agreements under a new state law [S.L. 2009-278 (SB 357)]. A request to a municipality or membership corporation to use its poles, ducts, or conduits may be denied only if there is insufficient capacity, or if the attachment would damage the safety or reliability of the item. If the parties are unable to reach an agreement to allow attachment, either party may bring an action in business court.

Electricity Generation

_Electric utilities can now recover operating costs and investment in renewable energy plants. These include facilities that generate electricity using solar electric, solar thermal, wind, hydropower, geothermal, or ocean current or wave energy, and that displace enough traditional electric generation that greenhouse gases will be reduced. Also, the State Dam Safety Act [S.L. 2009-390 (SB 1004)] will now cover some dams connected to electricity generation.

Joint Legislative Utility Review Committee Studies

_The Joint Legislative Utility Review Committee has been appointed and is in the process of studying: (1) the feasibility and suitability of feed-in rates to be paid to renewable energy electricity producers by electric power suppliers; (2) electric public utilities' purchase and use of coal that is extracted using mountaintop removal coal mining; (3) ways to establish a system of permits to be issued by the Department of Environment and Natural Resources for wind energy facilities; (4) the creation of NC Saves Energy as an independent energy efficiency administrator for the state to administer energy efficiency and energy conservation programs and programs to promote the sustainable use of energy; (5) the possibility of extending the standards governing energy efficiency and water use for major facility construction and renovation projects involving state, university, and community college buildings to major facility construction and renovation projects for entities that receive state funding; and (6) the necessity of requiring utilities to notify property owners of rights-of-way or adjacent land prior to applying pesticides to the rights-of-way [S.L. 2009-574, Sec. 8 (HB 945, Sec. 8)].

Notes

_ Plastek Industries, a leading maker of plastic consumer, cosmetic and pharmaceutical packaging, plans to create 250 jobs and invest $19 million in Richmond County over the next three years. The project was made possible in part by state grants from the One North Carolina Fund and the Job Development Investment Grant program.

_ Michelin North America Inc. will expand its operations in Stanly County. The company plans to create 74 jobs and invest more than $11.3 million during the next three years in Norwood. The project was made possible in part by a $620,000 grant from the One North Carolina Fund.

_ Albaad USA Inc., an international supplier of wet wipes for varied uses, will expand its plant in Rockingham County. The company will invest more than $9 million and create 95 jobs in Reidsville. The announcement was made possible in part by a $350,000 grant from the One North Carolina Fund.

_Mountaire Farms Inc., an international supplier of processed chicken and chicken products, will expand in Robeson County. The company will invest $17.9 million and create 51 jobs in the next three years. The announcement was made possible in part by a $150,000 grant from the One North Carolina Fund.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. April 8, 2010

2010-04-09T12:02:00.001-04:00

For a variety of reasons, our nation has become more sedentary over the past few decades. We also tend to eat differently than we did a generation ago. As a result, we are now seeing increasing rates of obesity among our children. A survey from the Centers for Disease Control found that in 2007, 13 percent of North Carolina high school students – about one in every seven students – were obese and that 56 percent of them did not meet recommended levels of activity. Eighty-five percent did not eat enough fruits and vegetables in the week prior to the survey.

In the face of these statistics, we have tried over the past several years in North Carolina to encourage more activity and a better diet among our young people. We have set several new standards recently that I have detailed below. Also, the Legislative Task Force on Childhood Obesity has been meeting for several months and is preparing to release new recommendations for legislative action soon.

Task Force on Childhood Obesity

_ The Task Force on Childhood Obesity is responsible for studying issues relating to childhood obesity. In the course of its study, the task force has been considering strategies to address the problem of childhood obesity and encourage healthy eating and increased physical activity among children through: (1) early childhood intervention; (2) childcare facilities; (3) before and after-school programs; (4) physical education and physical activity in schools; (5) higher nutrition standards in schools; (6) comprehensive nutrition education in schools; (7) increased access to recreational activities for children; (8) community initiatives and public awareness; among other means. The task force also encourages input from public nonprofit organizations, promoting healthy lifestyles for children, addressing the problems related to childhood obesity, encouraging healthy eating, and increasing physical activity among children. The group is expected to approve its final recommendations on April 19.

Nutrition Standards

_For nutritional reasons, public schools are no longer allowed to use cooking oils that contain trans-fatty acids in their school food programs nor are they allowed to sell processed foods containing trans-fatty acids that were formed during the commercial processing of the foods [S.L. 2004-124, Sec. 7.29 - (HB 1414, Sec. 7.29)].

_We have modified the law governing beverages sold in vending machines during the school day in public schools and set the following requirements (S.L. 2005-253 - SB 961): (1) soft drinks cannot be sold during the breakfast and lunch periods; (2) soft drinks cannot be sold contrary to the requirements of the National School Lunch Program; (3) soft drinks cannot be sold at elementary schools; (4) sugared carbonated soft drinks may not be sold in a middle school; (5) sugared carbonated soft drinks in high school are limited to a maximum of 50 percent of the offerings; (6) diet carbonated soft drinks are not in the same category as sugared carbonated soft drinks; and (7) bottled water products must be available in all schools that have beverage vending. The act also permitted schools to adopt stricter policies for beverage vending. The act further provided that by the 2006-2007 school year, no snack vending was available to students in elementary schools and 75 percent of the snack vending products available in middle and high schools would have no more than 200 calories per portion or package.

_ The Board of Governors of the University of North Carolina and the State Board of Community Colleges were directed to adopt policies that prohibit the use of cooking oils that contain trans-fatty acids or the sale of processed foods containing trans-fatty acids [S.L. 2005-276, Sec. 9.28 (SB 622, Sec. 9.28)].

_The State Board of Education was directed to establish nutrition standards that will gradually increase the amount of fruits, vegetables, and whole grain products in the items available for school meals and the After School Snack Program, and in a la carte foods and beverages [S.L. 2005-457 (HB 855)].

_All elementary schools must achieve a basic level of the nutrition standards adopted by the State Board of Education to the end of the 2009-10 school year [S.L. 2008-107, Sec. 7.25 (HB 2436, Sec. 7.25)]. However, local school administrative units were encouraged to take steps to implement within existing funds and to the extent possible the nutrition program standards by the end of the 2008-09 school year.

Physical Education

_The State Board of Education was directed to study the current status of K-12 physical education in the state [S.L. 2008-181, Part XXV (HB 2431, Part XXV)]. Each local school administrative unit was instructed to collect baseline data at the individual school level and report the data to the Department of Public Instruction. The baseline data included: (1) minutes in physical education on a weekly basis and number of physical education classes per week throughout the school year for every school; (2) average physical education class size for every school; (3) student Body Mass Index for a statistically valid random sample from all counties of students of varying ages; and (4) nutrition and physical activity knowledge and behaviors of students in the random samples.

_Last session, we passed a new state law that directs the State Board Education to encourage local boards of education to enter into agreements with local governments and other entities regarding the joint use of their facilities for physical activity (S.L. 2009-334 - HB 1471).

Notes

_Clariant, an international specialty chemicals company, will expand in Mecklenburg County. The company will consolidate customer service and business support operations from Rhode Island to its existing Monroe road facility in Charlotte, adding 50 jobs and investing $2.5 million during the next three years. The project was made possible in part by a $55,000 grant from the One North Carolina Fund.

Thank you as always for your interest in state government. If you have any questions about this information or anything else that I can help with, please contact me. I am always glad to be of service.

Prepared with the assistance of the Speaker’s Office of Communications

Sanford Herald - Love scores high in effectiveness

2010-04-03T16:08:00.000-04:00

Sanford Herald - Love scores high in effectiveness: "RALEIGH — N.C. Rep. Jimmy Love (D-Lee) ranked in the upper third of N.C. House members for effectiveness in the state legislature in 2009, according to a report released from a nonpartisan research group Friday.

In the report, released by the N.C. Center for Public Policy Research, Love ranked 33rd out of 119 N.C. House members for effectiveness in 2009, up from 57th in 2007.

“I worked hard this session and I am pleased with the results,” Love said. “I ranked better than some of the veterans up there.”"

From the Office of Representative Jimmy L. Love, Sr. March 18, 2010

2010-03-19T15:31:00.002-04:00

The Joint Legislative Commission on Governmental Operations met this week as part of its duty to oversee the work of the legislature between sessions. The commission has several subcommittees, including one for Natural and Economic Resources. The Natural and Economic Resources Subcommittee is particularly important now, as much of its work is focused on job creation and retention. This week, I thought you may be interested to learn about the updates the group received.

Thank you as always for your interest in state government. If you have any questions about this information or anything else that I can help with, please contact me. I am always glad to be of service.

Commerce

_ State Commerce Secretary Keith Crisco update subcommittee members of the progress of economic development grants in North Carolina.
_JDIG – Job Development Investment Grant
_ Since its beginning in 2003, JDIG has committed $750 million in grants to 100 grantees, resulting in committments of over $7 billion in investment and over 30,000 new jobs.
_ In 2009 alone, JDIG entered into 16 grant agreements, which will result in the creation of over 5,000 new jobs and the retention of 6,000 existing jobs.
_One NC
_ Since 2003, through the One NC Fund the State has made 304 awards, totaling $71 million for the creation of 40,000 jobs and capital investment of $6.9 billion.
_ In 2009, $8.5 million was committed to 40 grantees for job creation and retention of over 14,000 jobs and $550 million in capital investment.
_Industrial Development Fund
_ 6 grants were awarded in 2009, totaling $4.6 million.
_ These grants leveraged $733 million in private capital investment and will result in the creation of 1,000 jobs.
_Site Infrastructure Development
_ This program was designed in 2003 to attract large scale industrial projects.
_ In 2009, Merck received $24 million under the fund for the construction of a facility in Durham that will manufacture flu vaccine.
_ The grant agreement set performance targets of 200 jobs at average wage of $57,000 and investment of $166 million in construction and $90 million in machinery and equipment. Merck has far surpassed all of those requirements.
_Job Maintenance and Capital Development Fund
_ This program was created in 2007 to help retain jobs with existing manufacturers who were making substantial capital investments.
_Two grants have been awarded under this program – Goodyear and Bridgestone Firestone. In each case, the company has made an additional investment of at least $200 million and has agreed to retain at least 1,800 existing jobs at salaries at least 40% above the county average.
_ $5 million appropriated in 2009-2010

Golden LEAF

_In 1999, the North Carolina legislature created Golden LEAF to administer one-half of North Carolina's share of the Master Settlement Agreement with cigarette manufacturers in accordance with the court consent decree between North Carolina and the manufacturers. Golden LEAF is a nonprofit organization devoted to the economic well being of North Carolinians. The foundation makes grants throughout the state intended to help improve the state’s economy, particularly in communities that relied heavily on the tobacco economy.
_ Dan Gerlach, president of Golden LEAF, updated subcommittee members on the recent work of the foundation. A total of 111 grants were awarded in 2009 totally $35 million. Major initiatives of the Foundation include:
_ Community Assistance Initiative – the Community Assistance Initiative is a grant program that targets communities of need and provides direct support for projects that significantly enhance the quality of life for citizens within those communities by stimulating economic activity or providing assistance in overcoming barriers to economic transition or community progress. The Initiative reserves $2 million for efforts in each county and works closely with community leaders in developing programs appropriate for the individual community.
_ Economic catalyst grants – economic catalyst grants assist eligible state, regional and local economic development groups with grants that lead to job creation in tobacco-dependent or economically distressed areas. Golden Leaf works closely with the NC Department of Commerce and other economic developers in awarding these grants.
_ Recent examples of this program include:
_ Domtar – The Foundation worked with various economic development groups to retain the Domtar facility (paper manufacturing) in Martin County. The facility is an important local economic engine and accounts for 20% of the tax base in Martin County.
_ Townsends – The Foundation worked to retain a chicken processing plant in the State. The efforts will ensure the retention of jobs not only at this particular plant, but also at other facilities and for poultry farmers throughout the State.
_ 4,300 jobs were created or retained in the 2009 calendar year with these grants.
_Golden LEAF Opportunities for Work
_ The Golden LEAF Opportunities for Work (GLOW) program was created to address some of the urgent job training needs North Carolina faces during the current economic downturn. GLOW was a short-term, non-degree workforce development grant initiative that supported vocational and/or technical training programs targeting identified employment opportunities in tobacco-dependent, economically distressed and/or rural communities. The expected outcome of projects awarded under this initiative is the eligibility of trainees for placement in permanent, full-time jobs requiring their new skills.
_ A recent example of success is in the aerospace manufacturing industry. The Golden LEAF has played a pivotal role in the recruitment of Spirit Aerosystems to Kinston. This facility is expected to begin operation in mid-2010 and will bring 700 jobs to this area.
_What’s next for Golden Leaf?: In the foreseeable future, Golden LEAF will be involved in initiatives to:
_Invest in broadband infrastructure
_Green economy and health care
_Increase accountability and transparency
_Strengthen commitment to Community Assistance Initiative
_Build STEM (science, technology, engineering, and math) education opportunities.

Notes

_Turbotec Products Inc., an international supplier of heat exchangers and heat transfer products for the heating, refrigeration and geothermal markets, will greatly expand its presence in Catawba County. The company will move the bulk of its manufacturing operations from Connecticut to Hickory, adding 73 jobs and investing $6.5 million in the next three years. The project was made possible in part by a $76,500 grant from the One North Carolina Fund.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. March 11, 2010

2010-03-12T16:37:00.002-05:00

In the face of concerns about ethics and efficiency, reformation of North Carolina’s ABC System has become an important issue for many North Carolina lawmakers. The following information highlights the mission of the recently appointed Joint Select Committee on Alcohol and Beverage Control, and provides a general outline for the issues addressed by committee members this week during their first meeting.

Thank you as always for your interest in state government. If you have any questions about this information or anything else that I can help with, please contact me. I am always glad to be of service.

Overview of ABC System

_ Our ABC system dates back to 1874, and the ABC Commission was established in 1935 after the repeal of Prohibition.

_The state controls the sale of liquor, which means that only local ABC Boards are authorized to operate retail stores and sell liquor in NC. There are 163 local ABC boards and 414 stores across the state. These local boards employ close to 2,400 people.

_The ABC system is a profitable industry for the state of North Carolina: $757 million in sales in 2008-09 makes the ABC system an important source of revenue for the state. Proceeds from these sales support the operation of the stores and provide funds for state and local governments.

Joint Study Committee on Alcoholic Beverage Control

_The Joint Study Committee on Alcoholic Beverage Control is responsible for evaluating the need for statewide consistency and uniformity in ABC structures, rules, and ethics standards, and examining the current compensation structure for both state and local ABC board members and employees, and making recommendations for any salary limitations or oversight that might be needed.

_The committee will examine the governance structure of local ABC boards, the geographic proximity of local ABC boards, existing ethics rules and possible privatization of the ABC system. Committee members are expected to make recommendations for reform or change where needed.

Committee Meeting:

_Key findings of General Assembly’s Program Evaluation Division:
_ The ABC system has not kept pace with demographic and economic changes in the state.
_ Population growth is concentrated in urban centers, rather than rural areas, and these population shifts affect local board profitability.
_ The system is governed by statutes that limit system management.
_ The General Statutes limit ability of ABC Commission to effectively and efficiently manage the system. Currently, the commission is not allowed to enforce minimum standards for operation and profitability, assist boards in making changes to improve operations, or mandate board consolidations or mergers.
_ The system has not clearly defined the mission of local boards.
_ North Carolina has not clearly defined mission of local boards, neither by statute nor by rule.
_ Lack of a clear mission allows local boards to justify ineffective and inefficient store operations.
_ The system regulates the sale of liquor differently than in other states.
_ North Carolina is the only retail control state that has local boards operating stores.

_ Program Evaluation Division recommendations:
_ Define mission of local boards.
_ Efficient store operation; profitability and revenue; convenient access; excellent customer service; and appropriate control
_ Provide commission better management tools
_ Establish performance standards for local boards; mandate local board mergers; provide technical assistance; provide financial incentives; and authorize agency stores
_ Modify statutes for store elections and purchase-transportation permits
_ Increase threshold from 500 to 5,000 registered voters for election; eliminate ABC store requirement to hold mixed-beverages elections; and eliminate purchase-transportation permit requirement for liquor
_ Consider whether other regulatory systems are appropriate
_ Changing the system could affect: revenues; liquor selection and pricing; and warehouse ownership and operation

_The committee is scheduled to meet again on March 24, 2010.

Notes

_Siemens Energy Inc., an international supplier of products and services for the generation, transmission and distribution of power, will expand its gas turbine operations in Mecklenburg County. The company plans to add 825 jobs and invest at least $135 million over the next five years. The announcement was made possible in part by state grants from the Job Development Investment Grant program and One North Carolina Fund.

_Affiliated Computer Services, a global call center operation based in Dallas, announced this week that it will add 280 jobs at its Raleigh office. The company is accepting applications and inquiries by phone, online and in person at its Raleigh office. ACS employs 1,100 people in Raleigh and 3,250 throughout the state.

_Pierre Foods Inc., a Cincinnati-based food products maker, announced this week that the Company plans to invest $16.8 million over the next three years and add 500 jobs in Claremont in Catawba County. The expansion is a result of a $600,000 incentive provided by state officials.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. March 4, 2010

2010-03-04T15:25:00.000-05:00

This week, I would like to take the time to talk to you a little bit about one of our most important interim commissions, the Joint Legislative Commission on Governmental Operations. The commission was created in 1975 to provide ongoing legislative examination and review between legislative sessions. Various general statutes and session laws also require state agencies and other entities to consult with the commission before taking action on a particular issue or to submit reports for its review.

The Commission is chaired by the leaders of both the House and the Senate: House Speaker Joe Hackney and Senator Pro-Tem Marc Basnight, respectively. I have been appointed as a member of the Justice and Public Safety Subcommittee in an advisory position.

The Joint Legislative Commission on Governmental Operations has met twice since the legislative session adjourned in August, once in November and once in January. The following information highlights just some of the important issues they have considered recently.

Thank you as always for your interest in state government. If you have any questions about this information or anything else that I can help with, please contact me. I am always glad to be of service.

Revenue Outlook and Economic Report

_Revenues through January are $35 million short of forecast.
_ The General Fund revenue for the first half of the fiscal year came in about $35 million below the $11 billion target for the period. So far, collections are running just below expectations. The weak economy continues to affect consumer spending, and in turn, the state’s economy-based taxes. Revenue forecast assumptions anticipated slow economic growth with a gradual improvement during the second-half of the fiscal year.

_Budget pressures will continue to mount as prolonged weaknesses in the economy affect revenue collections the remainder of the fiscal year. At this stage of economic recovery, economic signals remain mixed, yet most economists believe a sustainable recovery is underway.
– Sales tax collections have been slow to recover. Our economists say that with continued employment uncertainty, cautious consumer behavior is likely to continue.
_ The expected slower job and wage growth will delay the growth of income tax withholding. The 2009-10 forecast envisioned zero growth for withholding for the year, but positive improvement was expected the last quarter.

_Even though our economists, like most others, are pessimistic about a full recovery in 2010, a cautious budgeting approach will help reduce the harm.

_The overall economy is in much better shape than a year ago. Nonetheless, recession-like conditions will be with us for a while longer.

Medicaid

_About 49 percent of the state’s Medicaid budget had been spent through December 1, 2009. Year-to-date Medicaid expenditures reflect an increase of 8.8 percent compared to the same period last year. Currently, the Department of Health and Human Services is working to reduce expenditures in a time that the program is experiencing substantial growth.
_Medicaid enrollment growth was budgeted at 8.44 percent, but actual enrollment growth is now projected at about 9.8 percent. This means that the average enrollment is projected to exceed 18,000 individuals more than budgeted.
_The average Medicaid enrollee is using 4 percent more Medicaid services than budgeted.
_Projections indicate that these enrollment and consumption trends could require $72 million more state dollars than budgeted ($285 million total dollars).
_Based upon current experience with flu-related treatment of Medicaid enrollees, projections indicate that H1N1 may cost the Medicaid program $13 million more state dollars than budgeted ($52 million total dollars).

_The size of the proposed Medicaid budget cuts is unprecedented in North Carolina, and trying to meet these lower budget targets while also seeing a significant increase in demand for services substantially complicates the efforts. The department is trying to accomplish the budget reductions in a manner that limits damage to the state’s health care delivery system and avoids the loss of access to critical services.

Federal Funds

_Corina Eckl, Fiscal Program Director with the National Conference of State Legislatures, reported to the Joint Commission on Governmental Operations the fiscal conditions of the states remain dire. Twenty-one states reported a pessimistic outlook on 2010 revenues. Florida, for example, reports that annual revenues today compare to 2001 levels and are not expected to return to peak levels until 2013. Colorado has a similar experience in that annual revenues are no more than amounts collected in 2005.

_States used a variety of methods to close their budget gaps, including spending cuts, federal funds, tapping rainy day and other funds, and revenue increases. Some states like Arizona cut as little as 4 percent of their expenditures while North Carolina cut 36 percent of expenditures. ARRA funds were used at varying amounts as well. Texas bridged 97 percent of its budget gap through ARRA fund while North Carolina closed its budget gap by 31 percent through the use of ARRA funds.

_Forty-four states experienced a budget gap in FY 2009, and 46 states had a gap in FY 2010 before the budget was adopted. States collectively experienced budget gaps of $263.8 billion from 2002-2006. The current recession, including projections through 2012, reflect budget gaps of $386.8 billion.

_State governments will face budgetary problems at least 12 months after the US recession ends.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. February 25, 2010

2010-02-26T17:53:00.002-05:00

Every year, the General Assembly examines ways that the state can improve the way it does business. Sometimes, that means creating an office with new responsibilities or realigning existing units of government. Other times we need to change laws to make it easier for people to do important work or to encourage progress.

This week, I thought I would share some of the highlights of the General Assembly’s work in improving state government. There are also a number of laws that I have shared with you before that strengthen ethics and transparency in all of government, but most of the changes discussed below concern mostly operational matters. .

Thank you as always for your interest in state government. If you have any questions about this information or anything else that I can help with, please contact me. I am always glad to be of service.

Emergency Management

_The state can now enter into mutual aid agreements with local governments. Previously, the law authorized only the governor to enter into mutual aid agreements with the federal government and with other states. The new law (S.L. 2009-194 – HB 379) allows the governor to work with local government, also, if the local governing board approves.

_A new state law statutorily establishes the Department of Crime Control and Public Safety, Division of Emergency Management. Previously the department had authority primarily granted through executive orders issued by the governor (S.L. 2009-397 – HB 378). The legislation was recommended by the Joint Select Committee on Emergency Preparedness and Disaster Management Recovery.

_The Department of Crime Control and Public Safety, Division of Emergency Management now has expanded powers (S.L. 2009-193 – HB 381). Its function now includes: (1) administration of federal and state emergency management grants; (2) serving as the lead state agency for the coordination of information and resources for hazard risk management; and (3) using and maintaining technology that allows efficient communication and management of resources between different agencies and units of government.

_ The Division of Emergency Management now has authority to establish a Voluntary Emergency Management Certification Program. The law (S.L. 2009-192 – HB 377) is intended to strengthen and enhance the professional abilities of emergency management personnel by establishing educational and training standards for both state and local emergency management agencies.

Energy

_The State Energy Office has been transferred from the Department of Administration to the Department of Commerce under a new state law (S.L. 2009-446 - H.B. 1481). The law also transfers the Residential Energy Conservation Assistance Program from the Department of Health and Human Services to the Energy Office of the Department of Commerce.

_The state Department of Administration (DOA) must now consider fuel economy when purchasing state vehicles. The intent of the law (S.L. 2009-241 - H.B. 1079) is to reduce the state’s carbon footprint and reduce fuel costs. In addition, DOA will be directed to submit a report outlining the quantity and cost of fuel saved.

Building Codes

_A new state law prohibits any state, county or local building code or regulation from banning the use of cisterns that are to be used for outdoor irrigation or toilets. The law (S.L. 2009-243 – HB 749) defines a cistern as a water storage tank that is watertight; has smooth interior surfaces and enclosed lids; is fabricated from nonreactive materials such as reinforced concrete, galvanized steel, or plastic; is designed to collect rainfall from a catchment area; may be installed indoors or outdoors; and is located underground, at ground level, or on elevated stands.

_The plan review and inspection process for state buildings is streamlined under a new state law that transfers the authority for code enforcement in state buildings from the Department of Insurance to the Department of Administration (S.L. 2009-474 – SB 425). The act transfers four code enforcement positions from the Department of Insurance to the Department of Administration, and creates four code enforcement positions in the Department of Administration.

Miscellaneous

_North Carolina has established a Financial Literacy Council to coordinate and expand the financial education available to all North Carolinians. The new law is meant to promote financial education in public schools and across the state (S.L. 2009-265 – HB 817).

_The Office of State Personnel, Department of Public Instruction, North Carolina Community Colleges, and the University of North Carolina are required to study the development of personalized employee benefits statements for state, public school, and community college employees under a new state law (S.L. 2009-63 – HB 1221). These benefits statements must include an employee's total compensation, including all cash income, and the value of employee benefits, such as health coverage.

_A new state law transfers the North Carolina Turnpike Authority to the Department of Transportation (S.L. 2009-343 - HB 1617). The change means the turnpike authority will now be under the direct supervision of the Secretary of Transportation. The intent of the legislation is to save money and improve efficiency. The General Assembly created the Turnpike Authority in 2002 in response to concerns about congestion and growth. The authority was granted permission to develop and operate up to nine projects.

_State facilities that provide mental health, developmental disabilities, and substance abuse services will now be required to disclose certain information about death reports, facility police reports, and incident reports (S.L. 2009-299 - SB 799). The intent of the legislation is to improve transparency in our state’s mental health system.

_Legislative drafting offices and state agencies must now use certain respectful references to people with disabilities in the preparation of legislation and rules under a new state law, known as “People First” (S.L. 2009-264 - SB 208).

Notes

_West Corp. plans to hire more than 175 people for its call center in Rocky Mount. Applicants may apply online at www.westemployment.com. The company will hire its employees from Edgecombe and Nash Counties, two areas that currently have high unemployment.

_The Biltmore Estate will create up to 120 jobs with its new Antler Hill Village visitation site, which opens this spring. A job fair is planned for next week while work continues on the village, a 15-acre visitor site for estate guests that will open in late March, with a grand opening in May.

_ Northeast Foods Inc., a national contract baker for the commercial and fast-food industries, will open a new bakery operation in Johnston County. The company plans to invest $25.4 million and create 84 jobs during the next two years in Clayton. The new bakery operation is made possible in part by a $350,000 grant from the One North Carolina Fund.

Prepared with the assistance of the Speaker’s Office of Communications

Resources for Small Businesses in North Carolina

2010-02-12T11:32:00.002-05:00

Updated March 4, 2009

State Agencies

Department of Commerce Business Link North Carolina (BLNC)
The BLNC is a network of statewide, State-funded agencies and organizations that provide services to the State's businesses, from Fortune 500 companies to start-ups. BLNC provides a single entry point to find experts who can help businesses start, grow and succeed.
Contact: 1-800-228-8443 www.blnc.gov

Department of Commerce Small Business Ombudsman:
The Ombudsman works with small businesses to ensure they receive timely answers to questions and timely resolution of issues involving State government.
Contact: (919) 733-4151 www.nccommerce.com

NC Community College System Small Business Centers:
Small Business Centers support the development of new businesses and the growth of existing businesses by providing training, counseling, and resource information. A Small Business Center is located within 30 minutes of nearly everyone in the state at a local Community College.
Contact: (919) 807-7100 http://www.ncccs.cc.nc.us/

Small Business and Technology Development Center (SBTDC):
The SBTDC is the University of North Carolina’s business and technology extension service. SBTDC specialists provide management counseling and educational services to small and mid-sized businesses throughout North Carolina. The SBTDC’s core service is in-depth management counseling, addressing financing, marketing, human resources, operations, business and strategic planning, and feasibility assessment. Most SBTDC services are free of charge, and all SBTDC services are confidential.
Contact: (800) 258-0862 www.sbtdc.org

Nonprofits

NC Rural Economic Development Center:
The Rural Center runs two programs that provide capital for business start-ups and expansions. The Microenterprise Loan Program serves the smallest rural businesses through a combination of loans, business planning and technical assistance. The Rural Venture Fund, announced in 2007, offers investments ranging from equity to subordinated debt for qualified businesses in economically distressed counties of North Carolina.
Contact: (919) 250-4314 http://www.ncruralcenter.org/

NC Biotechnology Center:
The Biotechnology Center provides low-interest loans to early-stage NC biotechnology companies across the state. These loans are designed to help companies meet meaningful commercial and research milestones associated with company inception, research and growth.
Contact: (919) 541-9366 www.biotech.org

Institute for Minority Economic Development:
The North Carolina Institute of Minority Economic Development is a statewide nonprofit organization representing the interest of underdeveloped and underutilized sectors of the state's economic base. The Institute's business development team works to assist historically underutilized businesses in accessing affordable capital, expanded market opportunities, and stable internal management and control systems. The Institute provides direct technical assistance and small group education and training.
Contact: (919) 956-8889 www.ncimed.com

Center for Community Self-Help:
The nonprofit Center for Community Self-Help and its financing affiliates Self-Help Credit Union and Self-Help Ventures Fund provide financing, technical support and advocacy for female, rural and minority borrowers across North Carolina. The Center provides loans to small businesses and nonprofit organizations that want to grow and continue their success. Loan products are targeted at companies and nonprofits whose financing needs are not met by traditional lenders.
Contact: (919) 956-4400 www.self-help.org

Federal

Small Business Administration:
The SBA helps Americans start, build and grow businesses. SBA provides a number of financial assistance programs for small businesses. They have been specifically designed to meet a business’s key financing needs including the need for debt financing (loans), equity financing (investment/seed money), and surety bonds.
Contact: (800) 827-5722 www.sba.gov

Recent outside rankings of North Carolina

2010-02-12T11:31:00.002-05:00

#1

Business Climate
Site Selection Magazine, October 2009

Favorite Destination for Retirees
Kiplinger.com, August 2009

Best Place for Data Centers
Tishman Technologies, October 2009

Top 10 Metros for Economic Growth Potential (Charlotte)
Business Facilities, The Location Advisor, August 2009

America’s Smartest Cities (Raleigh-Durham)
The Daily Beast, October 2009

Fastest-Growing Metropolitan Area in the Country (Raleigh-Cary)
U.S. Census Bureau, March 2009

Top City for Small Business (Raleigh)
Bizjournals, February 2009

Best Places for Business and Careers – Metros (Raleigh)
Forbes, March 2009

#2

Best State to Do Business In
Chief Executive Magazine, March 2009

Most Competitive State
Site Selection Magazine, May 2009

America’s 25 Best Places to Move – Population 25,000 + (Charlotte)
Forbes.com, July 2009

Top Five Best Economic Potential – Large Cities (Charlotte)
fDi Magazine, April 2009

Best Place to Start a Small Business (Charlotte)
Bizjournals.com, February 2009
Best Places for Business and Careers – Small Metros (Greenville)
Forbes, March 2009

#3

Pro-Business State
Pollina Corporate Real Estate, June 2009

Economic Strength Ranking (Charlotte MSA)
Policorn Corporation, June 2009

Large City of the Future (Charlotte)
fDi Magazine, April 2009

Most Popular Move Destination (Charlotte Metro)
United Van Lines, January 2009

Best Places for Business and Careers – Metros (Durham)
Forbes, March 2009

Best Places to Launch a Small Business (Raleigh)
CNNMoney.com, October 2009

#5

Best States for Business
Forbes, September, 2009

Mind Magnet/Youth Magnet (Charlotte metro)
Wall Street Journal/Brookings Institution, May 2009

#6

Best Places for Business and Careers – Metros (Asheville)
Forbes, March 2009

Best Places to Live and Work for Young Professionals – Mighty Micros (Cary)
Next Generation Consulting, June 2009

Healthiest Housing Market (Raleigh)
Builderonline.com, February 2009

#7

Best Places to Launch a Small Business (Charlotte)
CNNMoney.com, October 2009

#8

Top States for Nanotechnology
Project on Emerging Nanotechnologies, August 2009

#9

America’s Top States for Business
CNBC, August 2009

Top North American Cities of the Future (Charlotte)
fDi Magazine, April 2009

Best Places to Live and Work for Young Professionals – Midsize Magnets (Durham)
Next Generation Consulting, June 2009

#10

Overall Biotechnology Strength
Business Facilities, July 2009

America’s Best Cities (Charlotte)
Outside Magazine, August 2009

From the Office of Representative Jimmy L. Love, Sr. February 11, 2010

2010-02-12T11:29:00.001-05:00

North Carolina’s small businesses are the backbone of our state’s economy. Our state and our people benefit most when these companies prosper and grow. Those of us in the General Assembly are clearly aware of this and we focus much of our effort on making North Carolina a great place to do business.

These efforts and our state’s business climate have been recognized throughout the nation and the world. A recent study commissioned by the Council on State Taxation and conducted by Ernst & Young found that North Carolina places a lower state and local tax burden on businesses than any other state. In addition, North Carolina is ranked seventh in benefits received by businesses relative to their tax burden. Our reputation as a business-friendly state assists in our efforts to strengthen our economy and improve our unemployment, as recent important job announcements throughout the state show.

The following information highlights just some of the ways state government works to preserve the well-being of North Carolina’s small businesses.

Thank you as always for your interest in state government. If you have any questions about this information or anything else that I can help with, please contact me. I am always glad to be of service.

Community Colleges

_In recent years, North Carolina communities have experienced tremendous job loss, particularly in the manufacturing industry. This has resulted in an unprecedented number of people going to our community colleges to learn new skills and retrain for new jobs. Enrollment continues to soar at these institutions. In this year’s budget, we fully funded enrollment growth in community colleges to ensure that students are not denied services because of enrollment growth ($58 million for fiscal year 2009-10 and $99 million for fiscal year 2010-11). A well-educated and well-trained workforce benefits all businesses in this state, whether they are large or small.
_The Small Business Center Network housed within North Carolina community colleges also plays an important role in assisting small businesses throughout the state. We allocated $5.35 million to the program this year so that it can help North Carolinians start and grow their own small businesses. Each community college in the state is home to a small business center, meaning that such a center is located within a 30-minute drive of almost all North Carolinians. Many of the services offered are free of charge.

_The North Carolina Rural Entrepreneurship through Action Learning, or NC REAL, is a non-profit organization within the community colleges that helps encourage entrepreneurship and small business creation. NC REAL’s training programs and curriculum have helped thousands of people create jobs throughout our state. This year, we appropriated $250,000 for both the 2009-10 fiscal year and the 2010-11 fiscal year.

_We also continued to appropriate funds to the community colleges for the NC Military Business Center so that it can continue with its important work. The primary purpose of the center is to help small- and medium-sized businesses throughout the state that are seeking federal contracts, with a focus on military-related contracts. The center also helps highly-trained military personnel transition to civilian employment and recruits new defense-related businesses to the state. We appropriated $1.25 million in recurring funds for the center.

University System

_The University of North Carolina is home to the Small Business and Technology Development Center. The center provides business consulting services and management education to growing small businesses. Although the main office is located in Raleigh, the center operates 10 regional service centers in 17 offices throughout the state.

Department of Commerce

_The One North Carolina Small Business Fund within the Department of Commerce received $700,000 this year. The program provides matching funds for businesses trying to obtain federal research grants under the Small Business Administration.

_In 2007, the General Assembly created the NC Green Business Fund. This fund was established to provide grants or loans to small businesses involved in a variety of “green” industries, such as renewable fuels or energy-efficient building technologies. This year, we allocated $5 million of federal stimulus money to support this program.

_The Business ServiCenter within the Department of Commerce provides information about state and local programs and resources to help growing small businesses. The center provides one-on-one consultation over the phone or in person about issues such as identification of business resources and licensing requirements and can also supply referrals to other state, federal, and local agencies. Much of this general information is also available online at Business Link North Carolina, www.blnc.org. The department also has a small business ombudsman, who assists in resolving issues with state agencies.

Aid to Non-profits

_The General Assembly provides funding to a variety of non-profits that help foster the growth of small businesses. These agencies include the Rural Center, the Golden LEAF, the North Carolina Biotechnology Center, the Community Development Initiative, the Institute of Minority Economic Development, and others. In addition to ongoing efforts that help small business gain access to capital, this year we appropriated $500,000 to the Rural Center to assist existing small businesses. The Rural Center combined this money with funds from the Golden LEAF to develop an initiative in conjunction with the Self-Help credit union that will allow Self-Help to make loans in the amount of $27.5 million to small businesses.

Notes

_There has been some concern recently about a proposal that may change the U.S. history curriculum in our public schools. First, I want you to know that this plan is just a draft and has not received final approval. The contentious part of the proposal is that it calls for starting the study of U.S. history in high school at about 1877, leading some to worry that our schools would ignore the early history of our nation. The proposal, however, would actually increase the study of history in our schools by adding a full year of study of U.S. history in the fifth grade and another full year of study of North Carolina and U.S. history in middle school. Existing standards already require two high school courses in government and history and study of North Carolina history in fourth grade.

_The state Office of the Commissioner of Banks continues to offer a free program to help homeowners avoid foreclosure. People seeking help can call 1-866-234-4857 (8:00 a.m.-9:00 p.m., Mon.-Fri-; 8:00 a.m.-5:00 p.m. Sat) to be connected with a HUD-approved counseling agency that can help you over the phone or provide face-to-face counseling. For more information, visit www.fightNCforeclosure.org.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. February 4, 2010

2010-02-05T16:08:00.001-05:00

The work of the General Assembly is wide ranging and has great influence over spending priorities, economic policies, education, health care and other critical areas.

The Legislature is also responsible for working with law enforcement and judicial officials to write the state's criminal laws. This past session, we approved new laws making our drug laws stronger, toughening sex offender laws and cracking down on illegal weapons. These laws help make our communities safer and help protect our families. A few of them are highlighted in the information below.

Thank you as always for your interest in state government. If you have any questions about this information or anything else that I can help with, please contact me. I am always glad to be of service.

Drugs

_The new Paraphernalia Control Act regulates the sale of glass tubes and splitters, which are known to be used as drug paraphernalia. The tubes can be used to smoke illegal drugs, while the splitters can slice the wrappings off of a cigar. The wrappings can then be filled with illegal drugs and smoked. The new law (HB 722 - S.L. 2009-205) requires that the items be placed behind the sales counter, that clerks require identification from those people purchasing such items and that the buyers keep a record of such sales for at least two years.

_State lawmakers have amended the law regarding trafficking in methamphetamine and amphetamine to clarify that the charge of trafficking is based on the weight of the entire powder or liquid mixture, rather than the weight of the actual amount of illegal drug in the powder or liquid mixture (SB 1091 - S.L. 2009-463). The intent of the law is to strengthen the state’s drug laws.

_The manufacture, sale, distribution, or possession of the plant Salvia Divinorum is now unlawful (SB 138 – S.L. 2009-538). The plant has gained popularity in recent years as an illicit drug. For a first or second offense under this section, the offender must pay a fine of at least $25. Subsequent offenses will result in a Class 3 misdemeanor. The legislation exempts researchers, nursery owners and landscapers.

Weapons

_The penalty for altering, destroying, or removing the permanent serial number of a firearm has been increased from a misdemeanor to a felony under a new state law (HB 787 - S.L. 2009-204).

_Last session, we amended the law concerning renewal of a concealed handgun permit (HB 1132 - S.L. 2009-307). The sheriff of the county where the permit was issued must now notify the holder of the permit about requirements for renewal at least 45 days prior to expiration of a permit. The holder of a permit may apply for renewal at any time within the 90-day period prior to its expiration date. The act also provides that a former sworn law enforcement officer who has 20 or more aggregate years of part time or auxiliary law enforcement service may be exempt from the firearms safety and training course requirement for a concealed handgun permit if he or she was a qualified sworn law enforcement officer immediately before retiring and has been retired as a sworn law enforcement officer two years or less from the date of the permit application.

Sex offenses

_We broadened the current law regarding solicitation of a child by computer to commit an unlawful sex act to also prohibit solicitation by any other device capable of electronic data storage or transmission (SB 65 - S.L. 2009-336). The act requires that the child solicited be at least five years younger than the defendant or that the defendant believes the person to be at least five years younger.

_A new state law authorizes judges to issue permanent no contact orders prohibiting convicted sex offenders from interacting with their victims (HB 1255 - S.L. 2009-380). The defendant can argue that the order should not be issued, and the victim also has the right to be heard. The order can be rescinded at the request of the victim or another hearing can be held at the request of the defendant. Violation of the order is a misdemeanor.

Property

_It is now felony larceny if the theft of a motor vehicle part results in repair costs of $1,000 or more (HB 1256 - S.L. 2009-379). The cost includes both the cost of any replacement part and any additional costs necessary to install the replacement part in the motor vehicle.

_Last session, we passed a law to increase the criminal penalty for cutting, injuring, or removing the timber from another person's property (SB 990 - S.L. 2009-508). If the damage caused is $1,000 or less, then the offense is a misdemeanor. If the damage caused is more than $1,000, then the offense is a felony.

_Picketing that is directed at a single residence and done so in a way that would cause fear or substantial emotional distress is now prohibited under state law (HB 885 – S.L. 2009-300).

Miscellaneous

_Tampering with an electronic monitoring device is now against the law. The devices are used to monitor people on home arrest or who are ordered to wear them as a condition of bond, probation, parole or similar programs. The new law (SB 713 - S.L. 2009-415) also makes it against the law for someone to solicit another person to remove or destroy the monitor. This offense does not apply to persons being monitored under the provisions of the Sex Offender and Public Protection Registration Programs or to juveniles being monitored by juvenile court.

_The Pyrotechnics Safety Permitting Act was passed last session to revise the existing provisions governing pyrotechnics in North Carolina (SB 563 – S.L. 2009-507). Among other things, the act makes it unlawful for anyone to manufacture, purchase, sell, deal in, transport, possess, receive, advertise, use, handle, exhibit, or discharge any pyrotechnics of any description in the State, except in cases where certain criteria are met. The legislation was passed in reaction to an accident that took place on Ocracoke Island on July 4 of last year, when a truck carrying fireworks exploded, killing four people.

Notes

_Kewaunee Scientific Corp, a longtime Statesville laboratory furniture manufacturer, announced this week that it will add 100 full-time jobs. The company is set to invest $13 million to expand its operations and renovate its corporate headquarters over the next five years.

_ Solaris Industries Inc., an international manufacturer of steel tubing, will spend $3.2 million to build a new manufacturing facility in Cleveland County. The company pledges to add 40 new jobs.

_ IBM has unveiled a massive collection of data processing computer servers at its new $360 million data center in Research Triangle Park. IBM asserts that the data center will use half the energy of a typical complex.

_Commonwealth Brands Inc., a national manufacturer of tobacco and tobacco products, will expand its operations in Rockingham County by investing $6.7 million and creating 35 jobs in 2010. The announcement was made possible in part by a $100,000 grant from the One North Carolina Fund.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. January 28, 2010

2010-01-29T16:37:00.001-05:00

Energy efficiency and moving toward a more sustainable, greener economy is a top priority for me and many of my colleagues in the North Carolina House of Representatives. Making an effort to keep our state moving in a green direction is particularly important in this changing economy. By embracing renewable energy resources and adapting to more energy efficient standards, our state and our economy will be at a great advantage now and in the future.

In the face of financial difficulties, federal stimulus funds played a significant role in advancing North Carolina’s green economy. The following information highlights just some of the ways federal stimulus dollars have been spent on energy projects across the state.

If you have any questions, or if I can be of assistance, please feel free to contact me. Thank you as always for your interest in the work of the General Assembly and state government and thank you for your support.

Energy Efficiency and Conservation Block Grant

_The Energy Efficiency and Conservation Block Grant is currently administered through the U.S. Department of Energy by the State Energy Office within the Department of Commerce. The controlling federal legislation for the program is the Energy Independence and Security Act (EISA) of 2007. The purpose of the program is to assist cities, counties, states, territories, and Indian tribes to develop, promote, implement, and manage energy efficiency and conservation projects and programs. The Recovery Act marks the first time that the program has been funded by the federal government. Under the Recovery Act, $3.2 billion was allocated to the program. North Carolina’s share is $58,050,300. Thirty-three designated cities, counties and the Cherokee Indians are receiving a total of $37.4 million directly, based on a population formula. The remaining $29.9 million is being distributed to non-designated communities, public school systems and community colleges based on a plan developed by the N.C. Energy Office and the state Office of Economic Recovery and Investment and approved by the U.S. Department of Energy.

Here is a list of Federal Recovery Act Energy Efficiency and Conservation Block Grant funds distributed directly to designated North Carolina cities, counties and tribes:

Asheville $804,700
Burlington $223,900
Cary $1,166,800
Chapel Hill $554,900
Charlotte $6,780,100
Concord $638,800
Durham $2,173,600
Fayetteville $1,652,900
Gastonia $705,700
Goldsboro $183,600
Greensboro $2,554,900
Greenville $777,600
Hickory $209,300
High Point $998,600
Huntersville $175,100
Jacksonville $781,600
Kannapolis $170,300
Raleigh $3,820,400
Rocky Mount $572,100
Wilmington $1,039,900
Wilson $214,900
Winston-Salem $2,262,000
Buncombe $624,800
Cumberland $590,700
Davidson $631,100
Gaston $525,600
Iredell $645,100
Johnston $636.200
Mecklenburg $649,500
Randolph $578,200
Union $751,800
Wake $3,030,300

Cherokee Indians $253,100

Weatherization Program

_The Weatherization Program is a part of the N.C. Energy Office in the Department of Commerce. The program receives federal funding from the U.S. Department of Energy’s Weatherization Assistance Program, created by the Energy Conservation and Production Act of 1976. Under the program, federal funding flows through the states to Community Action Agencies or other selected local providers, to perform energy efficiency related repairs to residences below a certain poverty threshold. Through the American Recovery and Reinvestment Act, the federal program received an additional $5 billion funds, compared to $227 million in 2008. The state received $131,954,536 in Recovery Act funds, compared to approximately $9 million in SFY 2009. For more information on details of North Carolina’s Weatherization Program, a list of local providers and information on eligibility, click on the Weatherization link on the N.C. Energy Office Web site at: www.energync.net.

State Energy Program

_The State Energy Program is currently managed by the State Energy Office in the N.C. Department of Commerce. At the federal level, the program is funded by the U.S. Department of Energy’s State Energy Program. The program was established by the Energy Policy and Conservation Act of 1975, and has been altered since by subsequent federal legislation. The purpose of the program is to provide funding to the states to design and carry out energy related programs. Specifically, the program is designed to increase energy efficiency; reduce energy costs; improve energy reliability; promote and develop alternative resources of energy; promote economic growth; and reduce reliance on imported oil. Under the American Recovery and Reinvestment Act of 2009, the program received $3.1 billion dollars nationally, compared to $185 million in FFY 2008. North Carolina received $75,989,000 in Recovery Act funds, compared to $750,000 in FFY 2008.

Smart Grid Investment Grant Program

_North Carolina has received $403,927,899 for the Smart Grid Investment Grant Program. Both Progress Energy and Duke Energy received awards directly from the U.S. Energy Department; however the funding will support projects in their service area (which will include areas outside of NC). For the coverage maps of affected areas in the Smart Grid program, go to: http://www.energy.gov/recovery/smartgrid_maps/SGIGSelections_State.pdf.

Appliance Rebates

_North Carolina's Energy Office will be managing the Energy Star Appliance Replacement Rebate Program. The US Department of Energy allocated $8,848,616 to the state for appliance rebates. The state's plan has been approved by the U.S. Energy Department. There will be 15 percent rebates on the price of Energy Star rated refrigerators, freezers, clothes washing machines and dishwashing machines during a five-day period on Earth Day weekend, April 22 through April 25. Depending on how much money remains after the initial phase of the program, there will be a mail-in rebate program in June that would include the designated appliances as well as some Energy Star water hearing systems, home heating and air conditioning systems as well as tank-less water heaters. More details on the program will be announced in February and March.

Summary

_For more detail on State Programs, go to: http://www.ncleg.net/DocumentSites/committees/SSCER/DECEMBER%202009/State_Energy_Office_Update.pdf

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. January 14, 2010

2010-01-19T14:22:00.001-05:00

As our state grows, it has become increasingly important for us improve our transportation system. Crowded roads and long delays detract from our quality of life and decrease our sense of safety. Transportation projects help decrease those delays and right now they also bring much needed jobs to North Carolina.

There are a number of transportation projects already underway that are funded by federal stimulus dollars. These projects will aid our state’s economy and go long way toward the improvement of our bridges and highways. The following information is meant to shed some light on how federal stimulus dollars are being spent on transportation projects across the state.

If you have any questions or if I can be of assistance, please feel free to contact me. Thank you as always for your interest in the work of the General Assembly and state government and thank you for your support.

Overview

_To date, the State of North Carolina has received approximately $816 million in American Recovery and Reinvestment Act of 2009 funds for transportation and transit related projects. In total, the NC Department of Transportation has identified 474 projects across the state that will receive Recovery Act funding.

Highway Infrastructure Program

_The state received more than $735 million in Recovery Act funding for Highway Infrastructure. This funding will support more than 334 contracts totaling more than $948 million that have been awarded for highway and bridge projects across North Carolina since March. According to the Federal Highway Administration, every $1 million spent on transportation creates 30 jobs, and according to the construction industry, every dollar invested in transportation generates $6 in economic impact.

_To see a list of projects, please go to: http://www.ncdot.gov/_templates/download/external.html?pdf=http%3A//www.ncdot.org/download/recovery/1511_Certification.pdf

_To see a map of projects, please go to: http://www.ncdot.org/recovery/recoveryprojects/

Transit Projects

_In total, the state received about $103,304,000 million for Transit Capital Assistance which will support 140 transit projects in rural and urban areas across the state:

_As of June 23, 2009, $70,248,738 has been used to fund 70 transportation projects in urban areas across the state. The Durham-Chapel Hill-Carrboro Metropolitan Planning Organization and the Capital Area Planning Organization have supplemented the state’s amount with $5.1 million of their funds. For a complete list of urban transportation projects, please go to: http://www.ncdot.gov/_templates/download/external.html?pdf=http%3A//www.ncdot.gov/download/recovery/1511_Certification_Transit_Urban.pdf

_ As of July 2, 2009, $33,055,500 has been used to fund 63 transportation projects in rural areas across the state. For a complete list of rural transportation projects, please go to:
http://www.ncdot.gov/_templates/download/external.html?pdf=http%3A//www.ncdot.gov/download/recovery/1511_Certification_Transit_Non_Urban.pdf

Yadkin River Bridge

_NC DOT is applying for a grant from the US DOT to replace the Yadkin River Bridge. The total amount available is $1.5 billion under the Supplemental Discretionary Grants for a National Transportation System. When awarded, projects will range from $20 - $300 million nationally. No awards have been made.

Southeast High-Speed Rail

_NC DOT has submitted a package of 90 rail projects totaling about $4 billion under the $8 billion (available for the nation) Assistance for High Speed Rail Corridors and Intercity Passenger Rail Service program.

Notes

_ The Perdue Administration’s plan to speed up road construction on Interstate 485 now has the approval of the State Attorney General’s office. In short, the plan is to engage contractors to help with financing and to pay the companies back over 10 years. State Treasurer Janet Cowell questioned the Department of Transportation's legal authority to add to the state's debt. However, the Office of State Attorney General, Roy Cooper, has determined that the Perdue administration's plan to finance Interstate 485 construction around Charlotte appears to be legal under a 2006 law passed by the General Assembly.

_ The Morehead City port was shut down on Tuesday after a forklift operator accidentally punctured containers filled with the highly explosive substance, pentaerythritol tetranitrate. This substance is often used in military explosives and found inside blasting caps, and it is the same explosive used in the Christmas Day airline bombing attempt. The spill prompted officials to issue a voluntary evacuation order that was lifted by late Tuesday. According to officials, none of the highly explosive substance got into the water surrounding the port of Morehead City.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. January 14, 2010

2010-01-15T16:43:00.001-05:00

Economic Recovery Road Project Awarded to Rep. Love’s District

2010-01-08T19:06:00.002-05:00

Nearly $27 million comes to improve Sanford Bypass

RALEIGH, NC _ Rep. Jimmy Love is pleased to announce that Lee County will receive a $26.7 million transportation project aid in the state’s economic recovery.

The money will be used for constructing a 2.3 mile section of the Sanford Bypass from east of N.C. 42 to N.C. 87 near Harvey Faulk Road (State Road 1138). The new road will be four lanes with a divided median. It will include an interchange with U.S. 421 and a new traffic signal at the Horner Boulevard/Wilson Road (S.R. 1136) intersection. The $26.7 million contract was awarded to D.H Griffin Infrastructure, LLC of Greensboro. The project can begin as early as Feb. 1, 2010, and is scheduled to finish by Nov. 15, 2012.

"These investments in our transportation system create jobs and improve our roads. It's money well-spent during these difficult times," Rep. Love said.

The project was among 34 transportation projects announced on Monday. The total cost value of the projects is more than $107 million.

According to the Federal Highway Administration, every $1 million spent on transportation creates 30 jobs, and according to the construction industry, every dollar invested in transportation generates $6 in economic impact.

Rep. Love is an attorney living in Lee County and is serving his seventh term in the House of Representatives. He is Chair of both the Appropriations Subcommittee on Justice and Public Safety and the Education Subcommittee on Community Colleges.

From the Office of Representative Jimmy L. Love, Sr. January 7, 2010

2010-01-08T19:05:00.002-05:00

Animals play an undeniable part in all of our lives. Whether they are pets, farm animals or service animals, we interact with them in a meaningful way every day. This year the General Assembly considered a number of important measures concerning how we treat the animals around us. Some of these laws are intended to protect public health or our food supply while others are meant to provide greater protection for the animals. All of them are critically important to making the state a better, safer place. I have provided some information about many of these laws in this week’s newsletter. I hope it is of interest to you.

In the meantime, if you have questions or concerns that I can help you resolve, I hope that you will contact me. I’m pleased to do what I can to help any of you. Thank you as always for your interest in the work of the General Assembly and state government and thank you for your support.

Public Safety

_The state veterinarian can now implement emergency measures when there is imminent threat from a contagious animal disease that could spread rapidly and have serious consequences. (HB 1083 – S.L. 2009-103). Authorized measures include restrictions on the transportation of potentially infected animals, agricultural products, and other commodities into and out of potentially infected areas, restrictions on access to such areas, quarantines, emergency disinfectant, destruction of infected animals, and other control measures at portals of entry to the State. The state veterinarian was temporarily granted this authority in 2003, but the legislation was set to expire this year.

_The Legislative Research Commission has been authorized to study the development of a coyote nuisance removal program aimed at diminishing the threat presented by coyotes in the state [S.L. 2009-574, Sec. 2.57 (HB 945, Sec. 2.57)].

_Wild boar hunting season and the harvesting of feral swine are standardized under a new state law that also directs the Department of Agriculture and Consumer Services to study issues related to the importation of feral swine in North Carolina (HB 1118 – S.L. 2009-89). The department is expected to report its findings and recommendations to the General Assembly in the coming legislative session.

Domesticated Animals

_ State law has been updated to make the inspection fees for ostriches, emu and rhea the same as for other meat inspections, removes domesticated rabbits from regulation under the Poultry Products Inspection Act, and makes changes to the exemption provisions for poultry processors in intrastate commerce (HB 1104 – S.L. 2009-102). Previously, a poultry producer could slaughter up to 1,000 chickens and up to 250 turkeys without an inspection, as long as the producer raised the poultry and didn’t sell it out of state. Under the new guidelines, a poultry producer who slaughters up to 20,000 chickens or 5,000 turkeys of his own raising and that are not sold out of state is subject only to basic sanitation requirements and periodic inspections. An inspector does not have to be on-site at the time of slaughter.

_The Legislative Research Commission has been authorized to study and evaluate the recommendations contained in the report to the Joint Legislative Commission on Governmental Operations resulting from the Equine Industry Study conducted by the Rural Economic Development Center, Inc [S.L. 2009-574, Sec. 2.55 (HB 945, Sec. 2.55)].

_The Legislative Research Commission has been authorized to study ways to improve poultry worker health and safety [S.L. 2009-574, Sec. 2.61 (HB 945, Sec. 2.61)].

Pets/Service Animals

_A new state law assists owners in recovering lost pets, relieves overcrowding at animal shelters, and facilitates adoptions of animals from shelters (SB 467 – S.L. 2009-304). Among other things, the law establishes procedures for animal control officers to scan animals for owner information on microchips; requires that euthanasia be conducted according to rules approved by the Department of Agriculture and Consumer Services, if such rules exist; and requires that, before animals are sold or put to death, they be made available for adoption under procedures that allow the public to inspect them, unless they are found to be unadoptable due to injury, health defects or temperament.

_Search and rescue animals are provided the same protections as those provided to law enforcement agency animals and animals that assist the disabled under a new state law (HB 1098 – S.L. 2009-460). Under the legislation, any person who knows or has reason to know that an animal is a search and rescue animal and who willfully kills that animal will be guilty of a Class H felony.

_Large constricting snakes and crocodiles have now been added to the list of reptiles of a venomous or poisonous nature that are already regulated under current law (SB 307 – S.L. 2009-344). State law now regulates the handling, ownership and sale of large constricting snakes and crocodiles, in addition to the hazardous reptiles that are already regulated under existing law.

Notes

_North Carolina tax officials stepped up their efforts and collected $427 million in back taxes from scores of businesses in the past six months. The Department of Revenue targeted 400 corporations with large outstanding tax bills and negotiated settlements with 236. The department had set a goal of collecting $150 million in back taxes. The additional money is expected to help cover any anticipated budget shortfall this year.

_Research In Motion (RIM), the maker of BlackBerry mobile devices, has confirmed that the company plans to open a research-and-development facility in the Raleigh area. It is presently unknown how many jobs the arrival of RIM will bring to North Carolina.
_ Power equipment manufacturer Husqvarna has announced that it will add 160 jobs and a $2.75 million expansion in Charlotte. Husqvarna is moving its North American headquarters from Augusta, Ga., to Charlotte. The overall average annual wage for the 160 new jobs will be $79,453, not including benefits.
Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. December 30, 2009

2009-12-31T14:20:00.001-05:00

Throughout the most recent legislative session, I worked with my colleagues in the General Assembly on initiatives that will improve life in our state. Some of these new laws will go into place Jan. 1, and I want to share some information about them with you. These laws cover everything from smoking in bars and restaurants to protecting the environment and conserving energy. They are intended to make you and your families more secure, to protect our children and to make sure those who do violate our laws are properly punished.

You can access the full list by visiting the General Assembly’s website at www.ncleg.net and opening the document 2009 Legislation Effective Dates.

In the meantime, if you have questions or concerns that I can help you resolve, I hope that you will contact me. I’m pleased to do what I can to help any of my constituents. Thank you as always for your interest in the work of the General Assembly and state government and thank you for your support.

Health

_A new law that will result in smaller rate increases than originally projected for members of the State Health Plan, while also increasing the plan’s transparency, will go into effect on January 1, 2010 (SB 287 – S .L. 2009-16). The new law reduces the premium rate increase for the next two years from 10 percent to 8.9 percent. It also adds coverage for treatment by chiropractors, mental health and substance abuse professionals and speech therapists and includes provisions to encourage plan members to stop smoking and to lose weight. The law retains language added in the House that calls for an independent audit of the plan, more detailed billing information, and increased disclosure of transactional data and administrative costs. The law also calls for monthly financial reports and establishes a 15-member Blue Ribbon Task Force that will examine the plan’s rate structure and governance, among other things.

_The state law that prohibits smoking in bars and restaurants goes into effect on January 2, 2010 (HB 2 – S.L. 2009-27). The intent of the legislation is to protect North Carolinians from the harm of secondhand smoke.

_A new state law establishes requirements for certification of persons performing lead-based paint renovation work in certain residential housing and child-occupied facilities (HB 1151 – S.L. 2009-488). The law also requires accreditation of renovation trainers and renovation training courses.

Crime/Safety

_As of January 1, 2010, the state is required to collect, maintain and publish statistics on the use of deadly force by law enforcement that results in death under a new state law (HB 266 – S.L. 2009-106).

_The North Carolina Racial Justice Act will be effective on January 1, 2010 (SB 461 – S.L. 2009-464). The intent of the law is to provide fair imposition of capital sentences by lessening the chance that the death penalty will be imposed based on race. The law applies retroactively for the first year. Opponents worry the change will delay pending executions and clog the court system, but that has not been the experience in Kentucky, the only other state with a similar law.

Energy/Environment

_A new state law promotes voluntary, year-round conservation and water use efficiency measures by commercial car washes (H.B. 1236 - S.L. 2009-480). The legislation outlines a number of guidelines by which a trade or professional organization representing commercial car washes may establish a voluntary water conservation and water use efficiency certification program to encourage and promote the use of year-round water conservation and water use efficiency measures.

_Certain environmental and natural resources laws have been amended to: (1) require electronic reporting of environmental lead test results and blood lead test results; (2) clarify the fee structure for food and lodging permits; (3) revise the sunset provision for nutrient offset payments; (4) amend the solid waste disposal tax to streamline the process when a local government is served by a solid waste management authority; (5) repeal the requirement that seasonal state park employees wear a uniform vest; and (7) clarify implementation of the Jordan Lake rules related to federal and state entities (SB 838 – S.L. 2009-484). These amendments are effective on January 1, 2010.

_To improve Upper Neuse Basin water quality, state lawmakers passed an Act to protect and restore water quality and quantity in the Upper Neuse River Basin, Falls Lake, and other drinking water supply reservoirs (SB 1020 – S.L. 2009-486). This will be achieved by directing the Environmental Management Commission to provide credit to local governments, landowners, and others who reduce water pollution in the Upper Neuse River Basin before permanent rules are adopted, modifying the nutrient management strategy, and adopting a sedimentation strategy for certain drinking water supply reservoirs.

_Certain North Carolina dams in connection with electric generating facilities will be subject to the Dam Safety Act under a new state law (S.B. 1004 - S.L. 2009-390). The law allows the Department of Environmental and Natural Resources to inspect the structural soundness of coal ash dams. Previously, utility companies submitted their own engineering reports to the state Utilities Commission and were not subject to inspection by an outside entity. The law will also permit an electric public utility that purchases or constructs a carbon offset facility to retain the fuel and fuel-related cost savings resulting from the purchase or construction of the facility under certain conditions.

Military

_Under a new state law, the Division of Motor Vehicles is allowed to waive the commercial motor vehicles skills test for qualified military personnel who have operated similar vehicles for at least two years prior to applying for a commercial driver’s license (SB 423 - S.L. 2009-494). The law also waives the requirement if the applicant has completed a similar skills test while in the military.

_ North Carolina’s absentee voting laws have been improved under a new state law (S.B. 253 – S.L. 2009-537). The law is specifically intended to improve the ability of military and overseas voters to cast timely ballots. This is incredibly important because it is vital that those defending democracy have the opportunity to participate in the democratic process.

Miscellaneous

_Legislation that assists owners in recovering lost pets, relieve overcrowding at animal shelters, and facilitate adoptions of animals from shelters will be effective on January 1, 2010 (SB 467 – S.L. 2009-304). Among other things, the law establishes procedures for animal control officers to scan animals for owner information on microchips; requires that euthanasia be conducted according to rules approved by the Department of Agriculture and Consumer Services, if such rules exist; and requires that, before animals are sold or put to death, they be made available for adoption under procedures that allow the public to inspect them, unless they are found to be unadoptable due to injury or defects of health or temperament.

_A new state law expands film credit by providing for an alternative credit for qualifying expenses of a production company (SB 943 – S.L. 2009-529).

_A new state law requires all cities, counties and other local units of government to adopt a code of ethics for their governing boards (H.B. 1452 - S.L. 2009-403). The law also requires members of those boards to receive education on ethics laws applicable to local government officials.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. December 17, 2009

2009-12-19T15:39:00.002-05:00

Those of us in public service realize that we must constantly work to try to improve your confidence in government. Some public officials have breached your trust in the past, but I will not be one of them. I continue to work diligently in favor of stronger ethics laws, cleaner campaigns and better lobbying laws, and I expect that we will continue this important work in the coming session.

I hope you will contact me if you have questions, or if I can be of service. Thank you as always for your support and your interest in our state.

Ethics

_A new state law requires the governing boards of cities, counties, boards of education, sanitation districts, unified governments, and consolidated city-counties are required to adopt a code of ethics to guide them in the performance of their official duties. The law (H1452 – S.L. 2009-403) also requires board members to receive at least two hours of ethics education within 12 months of appointment or election.

_ These three measures passed the House this past session but have not yet passed the Senate. Others may be introduced in the short session.

· H1136 would expand the state's revolving door provision, to cover executive branch employees, and bar them from lobbying for 6 months after they leave.

· H944 would require more disclosure of campaign fundraising and donations by appointees to state boards and commissions.

· H961 would prohibit vendors who win large state contracts from giving large campaign donations to the elected official whose office makes the contracting decision.

Voting

_ North Carolina’s absentee voting laws have been improved under a new state law (S.B. 253 – S.L. 2009-537). The law is specifically intended to improve the ability of military and overseas voters to cast timely ballots. This is incredibly important because it is vital that those defending democracy have the opportunity to participate in the democratic process.

Notes

_ In the few days, two major companies have announced plans to bring hundreds of high-paying jobs to North Carolina. Appliance manufacturer Electrolux expects to create at least 738 jobs at its new headquarters in Charlotte and add $60 million to the state’s annual payroll, not including benefits. The company employs 55,000 people worldwide. Also, international risk management consultant IEM will move its headquarters from Baton Rouge, La., to Durham County, creating 430 jobs over the next six years. The nearly 25-year-old company will pay an overall average wage of nearly $63,000. Company President and CEO Madhu Beriwal said the area’s “highly educated workforce, history of innovation, and culture of public and private collaboration” influenced her decision to relocate the company.

_ For the 15th year in a row, North Carolina leads the nation in the total number of teachers who have earned certification by the National Board of Professional Teaching Standards with 15,695 teachers now certified. This group of teachers accounts for nearly 19 percent of the 83,000 National Board Certified teachers in the nation. North Carolina also ranked first in the nation in the number of newly certified teachers, with 1,509 of the 8,874 educators nationwide who earned the recognition this year. In North Carolina, we appropriate money in our budget every year to offset the costs of the certification process and teachers receive a raise after earning the distinction. Those of us who care about education know that having highly qualified teachers means better results for our children.

_Talon Systems Inc., an international manufacturer of household storage cabinets and furniture, will hire 90 workers over the next three years and invest $5.9 million to open its first U.S. manufacturing plant in Statesville. The project was made possible in part by a One North Carolina Fund grant of $46,590.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. December 10, 2009

2009-12-12T15:00:00.001-05:00

In recent months, there has been a lot of discussion on the national stage regarding health care and health care reform in America. For that reason, I thought it would be a good idea to inform you about what we have done at the state level to improve health care for the people of North Carolina.

Despite a difficult budget situation this year, the House of Representatives worked to reduce overall healthcare costs by promoting wellness and prevention programs. We also worked to protect our citizens by improving patient safety, expanding access to health care for children, making structural improvements to the State Health Plan and addressing mental health needs. The following information highlights just some of the legislation that we have passed this session to help us achieve these goals.

I hope you will contact me if you have questions, or if I can be of service. Thank you as always for your support and your interest in our state.

Improving Health Care

_We passed a law that will result in smaller rate increases than originally projected for members of the State Health Plan, while also increasing the plan’s transparency (SB 287 – S.L. 2009-16). The new law reduces the premium rate increase for the next two years from 10 percent to 8.9 percent. It also adds coverage for treatment by chiropractors, mental health and substance abuse professionals and speech therapists and includes provisions to encourage plan members to stop smoking and to lose weight. The law calls for an independent audit of the plan, more detailed billing information, and increased disclosure of transactional data and administrative costs. The law also requires monthly financial reports and establishes a 15-member Blue Ribbon Task Force that will examine the plan’s rate structure and governance, among other things.

_Automated calls to protect the public health, safety, or welfare will be allowed under a new state law (HB 1034 – S.L. 2009-364). The system is intended to inform telephone subscribers that they have purchased products or medication that may be subject to a safety recall; that the telephone subscriber has not picked up a filled prescription drug or that an account maintained by the telephone subscriber may be subject to potential fraudulent activity. The calls could not be used for any commercial purposes.

_More local mental health agencies are now required to report how they are spending money twice a year under a new state law (HB 672 – S.L. 2009-191). The intent of the law is to require more transparency and accountability for state-funded mental health providers.

_A new state law directs the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, to take certain actions to improve supports for persons with developmental disabilities (HB 673 – S.L. 2009-186).

_We have passed a law that authorizes County Departments of Social Services to conduct follow-up monitoring of adult care homes (HB 1186 – S.L. 2009-232). The law is meant to improve patient safety by improving oversight of adult-care homes.

_We have passed a new law that will increase transparency of state facilities that provide mental health, developmental disabilities, and substance abuse services by requiring the disclosure of certain information about death reports, facility police reports, and incident reports (SB 799 – S.L. 2009-299).

Budget

The following information highlights just some of the ways that we have tried to preserve essential programs in Health and Human Services.

_Complete last phase of three-year takeover of Medicaid from counties, freeing money for local governments - $252 million

_We have expanded the Children’s Health Care Program (Health Choice) - $17 million

_We have provided additional funding to the State Health Plan to cover medical costs and to reduce the premium rate increase for the next two years from 10 percent to 8.9 percent. The General Assembly appropriated $250 million to cover the 2008-09 budget shortfall, $132 million for the 2009-10 fiscal year, and $276 million for the 2010-11 fiscal year.

_New local inpatient beds for the mentally ill to treat people closer to their homes and relieve state hospitals - $12 million

Miscellaneous

_The "Healthy Youth Act" has been signed into law (HB 88 – S.L. 2009-213). All students will now be exposed to both abstinence-only and comprehensive sex education. The law also allows parents to remove their children from any portion of the course.

_We have passed a law that prohibits smoking in bars and restaurants (HB 2 – S.L. 2009-27). The intent of the legislation is to protect North Carolinians from the harm of secondhand smoke. The law goes into effect January 1, 2010.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. November 30, 2009

2009-12-08T16:43:00.003-05:00

Even in the face of high unemployment numbers and a slowly recovering economy, North Carolinians have much to be thankful for this year. Our state is showing signs of recovering from this economic storm, and we will come out ahead. One of the most valuable resources of our state is the beauty and diversity of our natural environment. That’s why it is so important that we work in the state government to protect these invaluable natural resources and promote North Carolina’s tourism industry. The following information highlights just some of the legislation and budgetary measures we implemented this year to support tourism in North Carolina.

If you have any questions or if I can be of assistance, please feel free to contact me. Thank you as always for your interest in the work of the General Assembly and state government and thank you for your support.

Happy Thanksgiving!

Tourism

_A new state law creates the North Carolina Sustainable Local Food Advisory Council (SB 1067 - S.L. 2009-530). One of the issues to be considered by the council is an in-depth analysis of the potential impacts that the production of sustainable local food would have on economic development in North Carolina, both the direct impacts for the producers of sustainable local food and the actual and potential indirect impacts, such as encouraging restaurants that feature locally raised agricultural products and promoting food and wine tourism.

_The 2009 Studies bill directs the Joint Legislative Transportation Oversight Committee to study whether to require the Division of Motor Vehicles to place the North Carolina tourism Web site, visitnc.com, on the State's registration plates and whether to require all license plates issued by the Division of Motor Vehicles to have a "First in Flight" background, including all specialized license plates (HB 945 – S.L. 2009-574).

_Breweries are authorized to have tastings similar to those offered by wineries to help build the state’s burgeoning local brewery industry under a new state law (HB 1591 – S.L. 2009-377).

_A new state law creates the state Mountain Resources Commission, in part to protect the natural beauty of Western North Carolina and the associated tourism industry (SB 968 – S.L. 2009-485).

Budget

_This year’s budget included $360,000 to reorganize Heritage Tourism into three regions (SB 202 – S.L. 2009-451). Each region will have one Heritage Tourism officer, and a Heritage Tourism Director will be located at the Department of Commerce. One additional position will coordinate the Blue Ridge Parkway 75th Anniversary. Three jobs cut.

_The Wine and Grape Growers Council of North Carolina was allocated $828,000 in this year’s budget, and was transferred to General Fund support (SB 202 – S.L. 2009-451).

_The North Carolina Aquarium Fund was allocated $657,770 in recurring funds and $551,436 in non-recurring funds in this year’s budget (SB 202 – S.L. 2009-451). The money increases the operating budget for the North Carolina Aquarium Fund to reflect the transfer of the Aquarium's Special Activities and Events funds into this fund.

_Because of the economic downturn, we were unable to do as much for North Carolina’s tourism industry as we would have liked. There were reductions in spending to the Roanoke Island Commission, the state Maritime Museum, Tryon Palace and other state historic sites, as well as general cuts to the Department of Cultural Resources as a whole. Cultural Resources received a cut of nearly $5.5 million, a reduction of about 7 percent, less than many other areas of state government. About 17 positions were eliminated. These cuts may result in fewer programs and less maintenance and upkeep at state-run tourist sites. When the economy recovers, we hope to restore some of these cuts and increase funding for state tourism sites across the board.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. November 19, 2009

2009-11-19T21:15:00.001-05:00

Even in the face of a changing world economy, agriculture continues to play an important role in our state’s economy. For that reason, my colleagues and I in the House of Representatives are committed to supporting agriculture in North Carolina. We have passed a number of new laws this session that I believe will make our agricultural industry stronger. We have also approved studies on a range of issues, including ways to improve poultry worker health and safety and extending greenhouse gas credits to farmers.

The following information includes just some of the legislation we passed this year regarding agriculture in North Carolina.

If you have any questions or if I can be of assistance, please feel free to contact me. Thank you as always for your interest in the work of the General Assembly and state government and thank you for your support.

Animals

_The state veterinarian can now implement emergency measures when there is imminent threat from a contagious animal disease that could spread rapidly and have serious consequences. (S.L. 2009-103 – HB 1083). Authorized measures include restrictions on the transportation of potentially infected animals, agricultural products, and other commodities into and out of potentially infected areas, restrictions on access to such areas, quarantines, emergency disinfectant, destruction of infected animals, and other control measures at portals of entry to the State. The state veterinarian was temporarily granted this authority in 2003, but the legislation was set to expire this year.

_ State law has been updated to make the inspection fees for ostriches and other ratites (emu, rhea) the same as for other meat inspections, removes domesticated rabbits from regulation under the Poultry Products Inspection Act, and makes changes to the exemption provisions applicable to poultry processors in intrastate commerce (S.L. 2009-102 – HB 1104). Previously, a poultry producer could slaughter up to 1,000 chickens and up to 250 turkeys without an inspection, as long as the producer raises the poultry and doesn’t sell it out of state. Under the new guidelines, a poultry producer who slaughters up to 20,000 chickens or 5,000 turkeys of his own raising and that are not sold out of state is subject only to basic sanitation requirements and periodic inspections. An inspector does not have to be on-site at the time of slaughter.

_Wild boar hunting season and the harvesting of feral swine are standardized under a new state law that also directs the Department of Agriculture and Consumer Services to study issues related to the importation of feral swine in North Carolina (S.L. 2009-89 – HB 1118). The department is expected to report its findings and recommendations to the General Assembly in the coming legislative session.

_The Legislative Research Commission has been authorized to study and evaluate the recommendations contained in the report to the Joint Legislative Commission on Governmental Operations resulting from the Equine Industry Study conducted by the Rural Economic Development Center, Inc [S.L. 2009-574, Sec. 2.55 (HB 945, Sec. 2.55)].

_The Legislative Research Commission has been authorized to study the development of a coyote nuisance removal program aimed at diminishing the threat presented by the existence of a coyote population in the State [S.L. 2009-574, Sec. 2.57 (HB 945, Sec. 2.57)].

_The Legislative Research Commission has been authorized to study ways to improve poultry worker health and safety [S.L. 2009-574, Sec. 2.61 (HB 945, Sec. 2.61)].

Environment

_A new state law creates the 24-member North Carolina Sustainable Local Food Policy Council. The purpose of the council is to contribute to building a local food economy to create jobs, stimulate economic development, circulate money within local communities, and provide greater food security for North Carolinians (S.L. 2009-530 – SB 1067). It will also consider and develop policies regarding (1) health and wellness; (2) hunger and food access; (3) economic development; and (4) preservation of farmlands and water resources. The council will also consider ways to use local foods in schools and public assistance programs.

_Provisions within this year’s budget require the Board of Agriculture to review all fees under its jurisdiction every odd-numbered year to determine whether any of these fees should be changed and report its findings to the House and Senate Appropriations Subcommittees on Natural and Economic Resources and the Fiscal Research Division [S.L. 2009-451, Sec. 11.3 (SB 202, Sec. 11.3)].

_The Legislative Research Commission has been authorized to study the feasibility and advisability of extending greenhouse gas credits to the business of farming in the same manner that credits are extended to other businesses in the event that North Carolina participates in a market-based "Cap-and-Trade" program for greenhouse gas emissions [S.L. 2009-574, Sec. 2.38 (HB 945, Sec. 2.38)].

_The Department of Agriculture has been authorized to study whether the current regulation of the land application of septage and sludge adequately protects human health and the environment [S.L. 2009-574, Sec. 39.1 (HB 945, Sec. 39.1)]. The department may work with local Soil and Water Conservation Districts to determine the total volume of septage and sludge being spread in a county and post maps regarding with their findings online. The department may also work with the University of North Carolina to identify cost effective alternatives to land application. The department may report its findings and recommendations to the General Assembly no later than May 1, 2010.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. November 12, 2009

2009-11-13T13:02:00.002-05:00

Signs of an economic recovery are showing and like you, I hope they take hold soon. In the meantime, we continue working diligently to get our state and our economy back on track. While the state’s unemployment rate continues to be around 11 percent, state efforts with the aid of federal stimulus dollars have helped to prevent an already dire jobless situation from growing worse. Late last week, officials reported that federal stimulus spending flowing through state agencies has created or saved 24,440 jobs. In addition, Site Selection Magazine ranked North Carolina as the number one business climate in the country for the fifth year in a row [Top 5: 1-NC, 2-TX, 3-VA, 4-OH, 5-TN].

Many of our efforts in Raleigh have focused on keep North Carolinians in their homes. We made important strides toward protecting North Carolina homeowners throughout this past legislative session because we believe housing is a cornerstone of community. You cannot have strong communities if people lack housing.

The following information highlights significant legislation passed this year pertaining to the economy and jobs and protecting North Carolina homeowners.

If you have any questions or if I can be of assistance, please feel free to contact me. Thank you as always for your interest in the work of the General Assembly and state government and thank you for your support.

Economy and Jobs

_We passed a new law that helped North Carolina bring in a new Apple, Inc. facility that will be required to invest $1 billion in the state. The law (S.L. 2009-54 – SB 575) changes the way corporate income tax liability is calculated for multi-state taxpayers by considering only the company’s sales in the state when determining their tax bills. The existing formula also accounts for companies’ property holdings and payroll. The change applies only to companies that invest $1 billion or more over a nine-year period. No company in the state qualified for the incentive before Apple, Inc. announced that they would be locating their new facility in North Carolina, rather than Virginia.

_We have passed a law to extend the sunset of the Job Development Investment Grant Program, commonly known as JDIG (S.L. 2009-394 – HB 1516). The intent of the program is to foster job creation and investment in the economy of this state. In the years that JDIG has been in effect, the state of North Carolina has taken in significantly more money than has been expended on the program. JDIG has proven to be a valuable asset to the state, especially during these uncertain economic times. Job Development Investment Grants are awarded only to new and expanding businesses and industrial projects whose benefits exceed the costs to the state and which would not be undertaken in North Carolina without the grant. Since the first grant was awarded in 2003, the program has been responsible for creating commitments for more than 30,000 jobs and $5 billion in investment in North Carolina.

_North Carolina will establish a Financial Literacy Council to coordinate and expand the financial education available to all North Carolinians. The new law is meant to promote financial education in public schools and across the state (S.L. 2009-265 – SB 1019).

_This year’s budget will allocate $5 million of the funds received by the State under the American Recovery and Reinvestment Act to be appropriated to the State Energy Office to the Green Business Fund. The Green Business Fund provides grants to private businesses with less than 100 employees, non-profit organizations, and State agencies to encourage the growth of a green economy in North Carolina.

Protecting Homeowners

_North Carolinians who have been victimized by predatory mortgage lenders will be helped under a new state law (S.L. 2009-374 – HB 1523). The primary intent of the S.A.F.E. Mortgage Licensing Act is to ensure that mortgage loan originators operate ethically. The legislation gives the Commissioner of Banks broad authority to enforce this law.

_ Homeowners associations would be required to make reasonable and diligent efforts to locate and notify a lot owner prior to filing a claim of lien for assessments -- the legal right to keep or sell somebody else's property as security for a debt, under a new state law (S.L. 2009-515 – HB 806).

_The Statutory Homestead Exemption is increased significantly under a new state law (S.L. 2009-417 – HB 1058). The legislation applies to an individual debtor’s aggregate interest up to $35,000 in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence. Previously, the Exemption applied only to the aforementioned asset with a value of less than $18,500.

_We passed legislation to provide that it is a violation of the state’s Fair Housing Act to discriminate in land-use decisions of the permitting of development based on the fact that a development contains affordable housing units (S.L. 2009-533 – SB 810). The law adds language to the State Fair Housing Act to make it an unlawful discriminatory housing practice to discriminate in land-use decisions or in the permitting of development based on race, color, religion, sex, national origin, handicapping condition, familial status, or, except as otherwise provided by law, the fact that a development or proposed development contains affordable housing units for families or individuals with incomes below 80 percent of area median income. However, it is not a violation to make land-use decisions or permit development based on considerations of limiting high concentrations of affordable housing.

_I am proud to tell you that our diligent efforts are beginning to pay off in a very real way. It has been reported that more than 2,000 North Carolina homeowners have avoided foreclosure through the State Home Foreclosure Prevention Project during the last 10 months. Officials said the State Home Foreclosure Prevention Project has helped prevent 2,040 foreclosures and provided foreclosure prevention and budgeting advice to more than 6,000 homeowners. Officials said avoiding those foreclosures saved the financial system and neighboring property values from losses estimated at $175 million.

Prepared with the assistance of the Speaker’s Office of Communications

SPECIAL REPORT: From the Office of Representative Jimmy L. Love, Sr. November 11, 2009

2009-11-12T09:17:00.002-05:00

Each November 11 our country comes together to remember our veterans who have served and sacrificed in the name of freedom. The debt owed to them is immeasurable. Their sacrifices and those of our military families are freedom’s foundation. Indeed, without the brave efforts of all the soldiers, sailors, airmen, Marines and their families, our country would not stand so boldly, shine so brightly, and live so freely.

Veterans Day is a day of remembrance and rededication. We pause to remember the noble service and high sacrifices of those who have worn this nation’s uniform. And we rededicate ourselves, in the words of President Lincoln, “to care for him who shall have borne the battle.”
Almost one-fourth of the members of the House of Representatives are veterans of the Armed Services, and we are proud of their service, so it was important to us to send out a special newsletter to our constituents to honor Veteran’s Day. To see a list of House members who have served in the military, please visit the following link: http://www.ncleg.net/DocumentSites/HouseDocuments/2009-2010%20Session/2009%20House%20Members%20Military%20Exprience.pdf)

The following information highlights significant legislation passed this year pertaining to veterans living in North Carolina.

If you have any questions or if I can be of assistance, please feel free to contact me. Thank you as always for your interest in the work of the General Assembly and state government and thank you for your support.

Veterans

_This year’s budget stipulates that a portion of the $250,000 Substance Abuse Prevention and Treatment Block Grant be used to study the availability of Medicaid and state-funded mental health, developmental disabilities, and substance abuse services to active duty, reserve, and veteran members of the military and National Guard. More specifically, the budget directs the NC Institute of Medicine to study how the state should address post-traumatic stress disorder and substance abuse amongst our returning war veterans and their families. The study will discuss the current availability of services, the extent of use, and any gaps in services.

_We have passed a new law regarding unemployment insurance compensation for certain severely disabled veterans who have been discharged due to a service-connected disability (H.B. 1124 - S.L. 2009-101). Severely injured veterans will now receive unemployment benefits if they lose their job because of a disability incurred or aggravated during active military service or because of the veteran’s absence from work to obtain care and treatment for that disability.

_A new state law directs the state’s many occupational licensing boards (doctors, cosmetologists, real estate agents, plumbers, lawyers, electricians, nurses, and man, many more) to implement procedures to help deployed licensees waive or delay payment of fees and continuing education requirements (H.B. 1411 - S.L. 2009-458).This new law will help reservists who are sent off to war to keep from losing the licenses they need to keep their civilian job.

_Uniformed public safety officers will now be authorized to wear military service medals during the business week prior to Veterans Day and Memorial Day, the day of Veterans Day and Memorial Day, and the business day immediately following Veterans Day and Memorial Day under a new state law (H.B. 631 - S.L. 2009-240). Employers will maintain the right to prohibit the wearing of service medals if it’s determined they pose a safety hazard to the officer or to the public.

Notes

_On June 11, 2009, Speaker Hackney signed a statement of support for employees serving in the Guard and Reserve. Over 20 state representatives joined in the signing ceremony, which took place at the North Carolina Legislature Building.

_Members of the General Assembly honored the life and memory of the fallen soldiers who served our great nation in Operations Iraqi Freedom and Enduring Freedom in Iraq and Afghanistan with a House Joint Resolution (HJR 1652 - Res. 2009-30). In the resolution, the General Assembly expressed profound gratitude to the North Carolinians who were killed in the line of duty during these military operations. Each North Carolinian who was killed in the line of duty while carrying out these operations is named in the resolution. Several family members of our fallen heroes were in attendance when we passed the Resolution.

_
Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. November 5, 2009

2009-11-06T16:36:00.002-05:00

Education remains our top priority in the General Assembly and while our smaller budget prevented us from investing more this year than we had in previous years, we were still able to address many important issues. Providing our children with a world class education is the best way to build a strong economy that will be sustainable in the long term, so we worked diligently this year to pass legislation that will improve the quality of education across the state, keep our children safe at school, and decrease the dropout rate.

The following information highlights significant legislation passed this year pertaining to North Carolina public schools.

If you have any questions or if I can be of assistance, please feel free to contact me. Thank you as always for your interest in the work of the General Assembly and state government and thank you for your support.

Budget

_This year’s budget includes funding for 12 additional Learn and Earn high schools in North Carolina that will be operational in 2009-2010. The Learn and Earn initiative is a free program that allows high school students to get a jump start on their college education or to gain career skills. At this time, there are 60 Learn and Earn high schools across the state.

_We continued to fund Communities in Schools of North Carolina, Inc (CIS). Last year, more than 21,000 students at-risk of dropping out were provided case managers by CIS, and 98 percent of them stayed in school.

_We continued to fund the North Carolina Center for the Advancement of Teaching. The center serves as a resource to teachers throughout the state. The budget will transfer the Center to SBOE from the UNC Board of Governors.

_Our budget this year will provide $13 million in recurring funds for additional dropout prevention grants. Dropout Prevention Grants provide funding on a competitive basis to local school administrative units, schools, local agencies, or nonprofit organizations to support programs that address dropout prevention. The additional funding for this program can be used to provide continued funding to past grant recipients or to fund new recipients. The maximum grant size is $175,000.

_In this year’s budget, we fully funded enrollment growth in community colleges. - $58 million

_In this year’s budget, we fully funded enrollment growth in universities - $44 million

Dropout Prevention

_Legislation that will encourage policies to facilitate graduation has been signed into law (HB 187 – S.L. 2009-330). The law directs local boards of education to encourage local businesses to adopt personnel policies to permit parents to attend school conferences. The law also encourages local boards of education to adopt policies to implement programs that: (1) assist students in making a successful transition between the middle school and high school years, (2) increase parental involvement in student achievement, and (3) reduce suspension and expulsion rates and encourage academic progress during suspensions. In addition, the law directs local school boards to modify policies on pregnant and parenting students that would better enable those students to graduate.

_ The Parent & Student Educational Involvement Act requires schools to provide specific information to parents when recommending that students receive a long-term suspension or expulsion (HB 218 – S.L. 2009-61). The new law requires local school boards to give written notice to the student's parent, guardian, caregiver, or other person legally responsible for the child. The notice has to describe the incident leading to the recommendation and the specific provisions of the student conduct policy or rule alleged to have been violated.

_Educators could intervene sooner to help at-risk students through plans intended to improve their school performance under a bill that has been ratified by the General Assembly and sent to Gov. Perdue to be signed into law. Existing law allows personal education plans to be developed based on students’ performance on end-of-grade tests. The legislation (HB 804 – S.L. 2009-542) would allow educators to step in if they determine the student is at risk of failing based on grades, observations, state assessments or other factors.

_The high school graduation project is no longer required for graduation under a new state law (HB 223 – S.L. 2009-60). It has been demonstrated that the existence of this additional requirement has exacerbated the dropout problem amongst already at-risk students. The new law also directs the Program Evaluation Division of the General Assembly to study the cost and effectiveness of requiring a high school graduation project.

Safety

_Anti-bullying legislation has been ratified by the General Assembly and signed into law (SB 526 – S.L. 2009-212). The legislation requires public school districts to approve anti-bullying measures that name specific groups as possible targets. The legislation defines bullying as behavior that places students or school employees in fear of harm or damage to their property.

_The children of this state are now protected from cyber-bullying under a new state law that makes cyber-bullying a criminal offense punishable as a misdemeanor (HB 1261 – S.L. 2009-551).

_Law enforcement agencies are required to notify the school if a student is validated as a gang member under a new state law (HB 1327 – S.L. 2009-93). The law also authorizes local boards of education to place reasonable conditions on the enrollment of gang members.

_A new state law requires each local board of education to certify to the State Board of Education that its high school and middle school science laboratories are equipped with appropriate personal protective equipment for students and teachers (HB 42 – S.L. 2009-59). In addition, the State Board of Education, in consultation with local boards of education and the Board of Governors of The University of North Carolina, must evaluate and modify, as necessary, the academic requirements for students preparing to teach science in middle and high schools to ensure that there is adequate preparation in issues related to science laboratory safety.

_The Nicolas Adkins School Bus Safety Act is a new state law that allows evidence from automated camera and video recording systems to be used to detect and prosecute drivers who pass stopped school buses (HB 440 – S.L. 2009-147). The law is named for a 16-year-old student killed in Rockingham County earlier this year after a driver who passed his stopped school bus struck him with her car.

Miscellaneous

_The "Healthy Youth Act" has been signed into law (HB 88 – S.L. 2009-213). All students will now be exposed to both abstinence-only and comprehensive sex education. The law also allows parents to remove their children from any portion of the course.

_Gifted students under the age of 16 may continue to attend community colleges under a new law that re-enacts a law that expired last September (HB 65 – S.L. 2009-46). The law also allows for students under the age of 14 to enroll in a Learn & Earn online course through a community college for college credit if that student has received appropriate approval. The intent of the law is to serve the bright young people of North Carolina who want to get a head start on their college education.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. October 22, 2009

2009-11-01T12:41:00.001-05:00

Recently, there has been a great deal of debate at the federal level about health insurance. In North Carolina this past year, we also had to address some of the systemic problems with the state’s health plan for government workers and retirees. We also spent a great deal of time trying to strengthen the state’s insurance program for coastal homeowners. Both of these programs provide important support and security to hundreds of thousands of people and I’m pleased the General Assembly was able to negotiate solutions that keep the programs solvent.

The following information highlights just some of the legislation we passed this year pertaining to insurance issues, with a strong focus on the State Health Plan and the Coastal Property Insurance Pool, presently known as the Beach Plan.

If you have any questions or if I can be of assistance, please feel free to contact me. Thank you as always for your interest in the work of the General Assembly and state government and thank you for your support.

This legislation maintains a financially stable State Health Plan to ensure that all members of the plan have affordable access to health benefits and services (SB 287 – S.L. 2009-16). The General Assembly put $250 million into the plan so that it could meet its current obligations and then had to make changes and increase rates to keep it solvent going forward. These decisions were not easy to make, but they help ensure the plan’s financial integrity and allow us to continue providing the plan free of charge to state employees.

Estimates show that over 70,000 plan members use tobacco, resulting in a cost to of $2,000 per member per year more than the cost of providing coverage for nonusers of tobacco.

_ More than 60 percent of North Carolina adults are obese or overweight. Obesity is linked to an increase in health care spending of $2,445 per member per year.

_Weight management and cessation of tobacco result in improved health and substantial savings in health care costs. We have put smoking cessation and weight management programs in place and will ask those who use tobacco or those who are obese to pay some of the increased cost of their health care coverage.

The General Assembly has strengthened the state’s Coastal Property Insurance Pool, presently known as the Beach Plan (HB 1305 – S.L. 2009-472). Among other things, the law decreases the maximum coverage limit per home from $1.5 million to $750,000 and caps the amount of money that private insurance companies who participate in the plan are liable for at $1 billion. Homeowners outside of the 18 coastal counties that participate in plan could be asked to pay up to 10 percent more a year only if storm damage in a season exceeded $3 billion. The most the plan has ever paid out in claims in a previous year is $150 million.

The law will not allow rates to increase until three conditions are met: 1) the Beach Plan surplus would have to be exhausted. Right now, that stands at $800 million. 2) Reinsurance held by the plan would have to be spent. Currently, the plan holds $1.2 billion of reinsurance. 3) Homeowner insurance companies doing business in North Carolina would have to pay $1 billion in assessments toward claims. Then, only after that $3 billion was gone, would the plan assess homeowners statewide.

Under the former plan, only homeowner insurance companies doing business in North Carolina could have been assessed for losses due to storm damage. The assessment would be based on how many policies they have in the state. Some companies doing business in North Carolina could not withstand those assessments. Some companies left the state or reduced the number of homeowner’s policies they sold in North Carolina in order to reduce potential losses. For smaller companies, the assessments could exceed the premium earned. That wasn’t tenable for us and we didn’t believe it was a good business model.

As availability of homeowner’s policies decrease, prices increase. North Carolina needs as many companies writing homeowner’s insurance in North Carolina as possible so that consumers are able to choose from many companies and shop for the best price available.

The new law also requires the Beach Plan to retain any surplus it may generate and to use that money as an additional buffer to future assessments. This was a consensus bill intended to protect our insurance market and to help the working and middle-class people who live along our coast. If insurance carriers continued to leave our state, as many did in Florida, taxpayers would ultimately bear a larger share of the burden.

Counties interested in establishing health insurance pilot demonstration projects to provide a model for affordable employer-based health insurance would be authorized to do so under a new state law (HB 212 - S.L. 2009-568). Specific Demonstration Projects, the goal of which is to reduce the number of uninsured North Carolinians and to reduce the cost of health insurance for all purchasers of health insurance in the Demonstration Project areas, may begin not later than April 1, 2010, and may continue through December 31, 2014. There is a provision in this law that allows the Commissioner of Insurance to recommend early termination of a specific Demonstration Project or the Demonstration Project authority to the Joint Legislative Health Care Oversight Committee if the Commissioner determines that a specific Demonstration Project or the Demonstration Project authority is not in the public's interest or is detrimental to the small group or large group health insurance markets.

A new state law reduces the financial loss to counties and cities for unreimbursed county of city ambulance services provided to members of the State Health Plan by requiring the plan to make payments for county or city ambulance services directly or co-payable to the county or city ambulance service provider (HB 439 - S.L. 2009-83).

A new state law establishes a Survivor’s Alternate Benefit for survivors of law enforcement officers killed in the line of duty. The principal beneficiary of an officer who has completed 15 years of service would be entitled to the Survivor’s Alternate Benefit should that officer be killed in the line of duty (SB 411 – S.L. 2009-109). Previously, officers had to have served at least 20 years before their survivors were eligible for the benefit.

The Department of Insurance (DOI) has seen an increase in the number of insurance fraud cases as the economy worsened. They have 20 sworn law enforcement officers dedicated to investigating insurance fraud. Lately, many of their cases involve agents not forwarding premiums to insurance companies. They are advising consumers to never pay in cash and to write checks to the insurance companies and not the agents or agencies. The department is also advising consumers to be extra cautious in confirming policies and directing them to contact the department if a company can’t come up with a record of their policy.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. October 22, 2009

2009-10-24T15:10:00.002-04:00

Part of our job as members of the General Assembly is to pass laws that will keep North Carolinians safe. This responsibility includes making sure emergency responders, such as firefighters and law enforcement officers, have all of the resources they need to perform their duties to the best of their abilities. While budget constraints prevented us from doing as much as we might have liked for our local heroes, we did get some important legislation passed that will enhance the safety of the citizens of North Carolina and protect those who protect us.

The following information highlights just some of the legislation we passed this year pertaining to firefighters, law enforcement, emergency management and public safety.

If you have any questions or if I can be of assistance, please feel free to contact me.

Firefighters

_A new state law allows a member of the Fire and Rescue Pension Fund with five or more years of service to withdraw all the contributions that the individual made and any made on his behalf, less a $25.00 administrative fee (S.L. 2009-365 – HB 1073). Fire and Rescue Pension Fund members with less than five years of contributing service who withdraw from the fund will receive the money that the individual contributed to the fund, but money contributed on behalf of the member will be returned to the entity that made the contribution, less a $25.00 administrative fee.

_The Future Volunteer Firefighters Act clarifies that nothing in the state’s youth employment provisions prohibit qualified youth under 18 years of age from participating in training through their fire department, the Office of State Fire Marshal, or the North Carolina Community College System (S.L. 2009-21 – HB 557). The act applies to uncompensated fire department or rescue squad members over the age of 15 and under the age of 18 and who belong to a fire department or a rescue squad.

Law Enforcement

_The Division of Criminal Statistics must now collect and annually publish the number of deaths resulting from the use of deadly force by state and local law enforcement officers in the course and scope of their official duties. This act (S.L. 2009-106 – HB 266) becomes effective January 1 and applies to deaths from incidents occurring on or after that date.

_The North Carolina Criminal Justice Education and Training Standards Commission can now better coordinate with local and state law enforcement officers, and with the community college system, to provide multiple firearms qualification sites for certification to carry a concealed handgun. The law (S.L. 2009-546 – SB 978) also revises the commission’s powers so that it can more easily issue concealed weapons permits to qualified retired law enforcement officers, as required by federal law. The law expands the commission's authority to suspend, revoke or deny certification to people, programs and schools who do not meet its standards and prohibits the offering of courses or programs the commission determines do not comply with state law or rules.

Emergency Management

_A new state law statutorily establishes the Department of Crime Control and Public Safety, Division of Emergency Management. Previously the department had authority primarily granted through executive orders issued by the governor (S.L. 2009-397 – HB 378). The legislation was recommended by the Joint Select Committee on Emergency Preparedness and Disaster Management Recovery.

_Local emergency management capabilities have an expanded ability to form joint emergency management agencies. Previously, a county could only form joint agencies with municipalities within its borders. The law, as recommended by the Joint Select Committee on Emergency Preparedness and Disaster Management Recovery (S.L. 2009-196 – HB 380), allows counties to also work with other counties, as well as municipalities within the partnering county.

_A new state law expands the powers of the Department of Crime Control and Public Safety, Division of Emergency Management, as Recommended by the Joint Select Committee on Emergency Preparedness and Disaster Management Recovery (S.L. 2009-193 – HB 381). The law expands the functions of the state emergency management program to include: (1) administration of federal and State grant funds provided for emergency management purposes, including those funds provided for planning and preparedness activities by emergency management agencies; (2) serving as the lead State agency for the coordination of information and resources for hazard risk management; and (3) utilizing and maintaining technology that enables efficient and effective communication and management of resources between political subdivisions, State agencies, and other governmental entities involved in emergency management activities.

_ The Division of Emergency Management now has authority to establish a Voluntary Emergency Management Certification Program, as recommended by the Joint Select Committee on Emergency Preparedness and Disaster Management Recovery. The law (S.L. 2009-192 – HB 377) is intended to strengthen and enhance the professional abilities of emergency management personnel by setting up educational and training standards for both state and local emergency management agencies.

_ The Division of Emergency Management will establish a voluntary model registry for use by counties and municipalities in identifying functionally and medically fragile persons in need of assistance during a disaster; and to authorize counties and municipalities to operate similar registries, as recommended by the Joint Select Committee on Emergency Preparedness and Disaster Management Recovery (S.L. 2009-225 – SB 258).

Miscellaneous

_Search and rescue animals have been given the same protections as those provided to law enforcement agency animals and animals that assist the disabled (S.L. 2009-460 – HB1098). Under the legislation, any person who knows or has reason to know that an animal is a search and rescue animal and who willfully kills that animal will be guilty of a Class H felony.

_ People who use defibrillators in emergency situations are no longer liable for damages unless they displayed gross negligence (S.L. 2009-424 – HB 1433).

_ A new state law improves boating safety by requiring boating safety education prior to operating a vessel with a motor of 10 horsepower or greater, as recommended by the Joint Select Committee on Mandatory Boating Safety Education (S.L. 2009-282 – SB 43). The legislation would require a boater safety education course of anyone born after Jan. 1, 1984.

Thank you as always for your interest in the work of the General Assembly and state government and thank you for your support.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. October 15, 2009

2009-10-17T10:25:00.000-04:00

While the dominant theme this past session was addressing our financial challenges, the General Assembly still had many important policy areas to consider. One of them was state’s mental health system, which has been in disorder for a number of years. During the 2009 session, we worked with the governor to bring stability to the system and build on gains we made in recent years.

To address the budget shortfall in our mental health, developmental disabilities and substance abuse programs, we concentrated on finding efficiencies, moving to more effective services and making small but crucially important investments. The cuts will mean an undeniable reduction in services, but as problems emerge, we are working closely with the Department of Health and Human Services to adjust and to implement improved approaches we may not have otherwise identified.

I have included information about these important changes below.

If you have questions or concerns, I hope that you will contact me. I’m pleased to do what I can to help any of my constituents. Thank you as always for your interest in the work of the General Assembly and state government and thank you for your support.

Budget Issues

_This year’s budget appropriated $12 million for additional local inpatient beds for the mentally ill to treat people closer to their homes and relieve state hospitals. Last session we funded more than 100 local inpatient beds across the state and we are already seeing the positive effects of reduced admission rates at our state hospitals. Access to local crisis services and local inpatient beds will help us build our local provider networks.

_ We now require all provider agencies to deliver a continuum of services rather than only one service. This change is expected to save money and improve services. We have found that comprehensive providers allow consumers more stability as they step down from intensive services to maintenance services. This move will eliminate the providers who provide only one service and are reluctant to refer a consumer to another, more appropriate provider who delivers lower or higher level of services.
Transparency

_State facilities that provide mental health, developmental disabilities, and substance abuse services are now required to disclose certain information about death reports, facility police reports, and incident reports under a new state law (S.B. 799 – S.L. 2009-299). The intent of the legislation is to improve transparency.

_More local mental health agencies are required to report twice a year how they are spending money under a new state law (H.B. 672 – S.L. 2009-191). The law requires Local Management Entities (LMEs) that use single stream funding to issue a public report on their use of service dollars and receive public comment during a regularly scheduled board of directors meeting. The intent of the legislation is to require more transparency and accountability for state-funded mental health providers.

Crime/Safety

_A new state law clarifies the responsibility of payment of witness fees and guardian ad litem fees in incompetency proceedings (H.B. 506 – S.L. 2009-387). The legislation also authorizes the appointment of a guardian ad litem for a person who is adjudicated incompetent, provides for appointment of counsel for an indigent person in certain proceedings, provides for representation for the Department of Correction and appointment of counsel for offenders in satellite-based monitoring proceedings, and provides for appointment of counsel by the Office of Indigent Services in capital cases.

_A new state law clarifies that a Silver Alert may be issued for a person of any age (H.B. 1129 - S.L. 2009-143). The Silver Alert System is a statewide system used to notify people about missing persons believed to be suffering from cognitive impairments.

_A new state law directs Division of Health Service Regulation within the Department of Health and Human Services (DHHS) to establish a pilot program to study alternative staffing requirements for facilities that use electronic supervision devices (S.B. 884 – S.L. 2009-490). The law directs the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services to adopt rules establishing acceptable electronic supervision standards and personnel requirements at facilities for children and adolescents who have a primary diagnosis of mental illness and/or emotional disturbance.

Involuntary Commitment

_A new state law provides that if inpatient treatment is warranted and a 24-hour facility is not immediately available or appropriate, the a person who is being involuntarily committed for mental treatment may be detained at the site of the first examination. The law also provides a process for required release after seven days (H.B. 243 – S.L. 2009-340). In addition, the law expands the Involuntary Commitment Pilot program to allow a licensed clinical social worker, a master’s level psychiatric nurse, or a Master’s level certified clinical addictions specialist to conduct the initial (first level) examinations of individuals.

_A new state law requires a physician or eligible psychologist to contact the Local Management Entity (LME) when a respondent has been scheduled for an appointment with an outpatient treatment center (H.B. 1189 – S.L. 2009-315). The act also allows first examinations for involuntary commitment for mental illness to be conducted by telemedicine.

Miscellaneous

_A new state law establishes a statewide data collection system that reflects how many people with developmental disabilities are currently waiting for services (H.B. 673 – S.L. 2009-186). This list will provide the data needed to effectively serve people with developmental disabilities. The law also permits the Department of Health and Human Services to ensure that state-funded developmental disability services are authorized on an annual or semi-annual basis depending on the services, and will also give direction to the department to develop developmental disability service definitions that allow for funding of a person-centered plan rather than funding each service within a plan separately.

_A new state law known as “People First” directs legislative drafting offices and state agencies to use respectful references to people with disabilities in the preparation of legislation and rules. (S.B. 208 – S.L. 2009-264). More specifically, the law directs the Legislative Services Office to incorporate into its training of legislative drafters the preference to avoid language that implies that a person as a whole is disabled, that equates a person with his or her condition, or that may be derogatory or demeaning.

_A new state law amends the state purchase and contract laws to exempt group purchases made by developmental centers, neuromedical treatment centers, and alcohol and drug abuse treatment centers from a competitive bidding purchasing program (H.B. 1088 – S.L. 2009-184).

_The Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services will be directed to adopt rules providing for the licensure and accreditation of residential treatment facilities for persons with traumatic brain injury (TBI) under a new state law (H.B. 1309 – S.L. 2009-361).

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. October 1, 2009

2009-10-04T19:23:00.002-04:00

The economic downturn forced us to cut spending in a number of ways this year. Inevitably, some of these cuts have trickled down to local governments, requiring that we eliminate free work by prison work crews and payments to jails for housing some prisoners. Despite these cutbacks, we were able to write several new laws that benefit local governments and the people they serve. We were also able to continue to invest in some areas critical to the success of North Carolina communities. This week, I want to highlight some of the ways the House of Representatives worked to better and protect local communities across this great state.

If you have any questions or if I can be of assistance, please feel free to contact me. Thank you as always for your interest in the work of the General Assembly and state government and thank you for your support.

Transportation and Energy

_A new state law will allow counties the opportunity to raise more money for mass transit projects, including rail service and buses (H.B. 148 - S.L. 2009-527). The legislation allows residents of Durham, Forsyth, Guilford, Orange and Wake counties to vote on whether to increase local sales taxes by ½ cent and car registration fees by up to $2. The money would be used for public transportation. Other counties could increase sales taxes by a ¼ cent for such projects. The legislation is based on a plan Mecklenburg County used to finance its new popular downtown rail line.

_ Counties and municipalities in North Carolina are authorized to provide development incentives in exchange for reductions in energy consumption under a new state law (S.B. 52 - S.L. 2009-95). More specifically, counties and municipalities will be able to grant incentives to a developer or builder if they agree to construct a new development or reconstruct an existing development in a way that significantly reduces energy consumption.

Emergency Management

_A new state law expands the ability of counties and municipalities to form joint emergency management agencies (H.B. 380 - S.L. 2009-196). Previously, a county could only form joint agencies with municipalities within its borders. The new law allows counties to also work with other counties, as well as municipalities within the partnering county.

_A new state law clarifies that counties and cities have the authority to order evacuations in certain emergency situations (S.B. 256 - S.L. 2009-146). The law also clarifies that the Emergency Management Immunity Statute applies to counties and cities in these situations.

Miscellaneous

_Under a new state law, all municipalities and counties are authorized to give a single annual notice to chronic violators of their public nuisance ordinances before the local government can act (S.B. 564 - S.L. 2009-287). A chronic violator is a person cited at least three times in the previous year for public nuisance violations on the same property.

_A new state law requires all cities, counties and other local units of government to adopt a code of ethics for their governing boards (H.B. 1452 - S.L. 2009-403). The law also requires members of those boards to receive education on ethics laws applicable to local government officials.

_A new state law expands the definition of economically distressed counties to include the 80 poorest counties in the state as determined by a number of factors (H.B. 1514 - S.L. 2009-523). The legislation increases the maximum expenditure of funds from the Industrial Development Fund from $5,000 to $10,000 per new job created or per job retained up to a maximum of $500,000 per project.

Budget

_Aid to Safety Net Community Health Centers - $5 million
Provides funding on a competitive grant basis to increase the capacity of rural health centers, local health departments, free clinics, school-based health centers, and other entities to provide health care to low income and uninsured persons.

_Learn and Earn Early College High Schools – $3.6 million
Provides funding for 12 additional Learn and Earn high schools that will be operational in FY 2009-10, bringing the total number of Learn and Earn "traditional" high schools to 68. the nonrecurring appropriation provides $10,000 per site to support start-up costs associated with the first year of implementation.

_Medicaid Takeover - $252 million
Completed last phase of three-year takeover of Medicaid from counties, freeing money for local governments.

_Crisis Services – $12 million
Provides funds for local inpatient bed capacity located within community hospitals.

_Health Net - $2 million
Appropriates funds to expand access to comprehensive health services for uninsured individuals.

_Rural Hospitals Operation and Maintenance - $1.6 million
Provides funding for small rural hospitals for assistance with operations and infrastructure maintenance.

_Clean Water State Revolving Fund Match - $936,600
Provides funds to meet the 20 percent state match required to draw down maximum federal funds for the Clean Water State Revolving Fund. Additional funding of $1.5 million will come
from a transfer from the Rural Center Infrastructure Program.

_Drinking Water State Revolving Fund - $5.5 million
Provides funds to meet the 20% State match required to draw down maximum federal funds for the Drinking Water State Revolving Fund.

_Clean Water Management Trust Fund - $50 million

_Aid to Municipalities – $3.3 million
G.S. 136-41.1 requires an adjustment based on revised projections for motor fuels tax revenue. The total transfer is $87.8 million.

_Water Resources Development Projects - $4.9 million
Provides funds for the state's share of Water Resources Development Projects. Funds will provide a State match for $57.7 million in federal funds.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. September 3, 2009

2009-09-04T15:21:00.002-04:00

This session, I worked with my colleagues in the House to be good stewards of the environment by promoting energy conservation, the use of alternative energy sources and the development of clean energy technology. Energy efficiency and moving toward a more sustainable, greener economy is a top priority for many North Carolina lawmakers.

The following information highlights just some of the legislation that we have passed this session to help us achieve these goals.

I hope you will contact me if you have questions, or if I can be of service. Thank you as always for your support and your interest in our state.

Conservation

_Counties and municipalities in North Carolina will now be authorized to provide development incentives in exchange for reductions in energy consumption under a new state law (S.B. 52 - S.L. 2009-95). More specifically, counties and municipalities will be able to grant incentives to a developer or builder if they agree to construct a new development or reconstruct an existing development in a way that significantly reduces energy consumption.

_The state Department of Administration (DOA) will be directed to consider the fuel economy of state vehicles under a new state law (H.B. 1079 - S.L. 2009-241). Formerly, the law did not require the department to consider fuel economy when buying a new vehicle. The intent of the bill is to reduce the state’s carbon footprint and reduce fuel costs. In addition, DOA will be directed to submit a report outlining the quantity and cost of fuel saved.

_A new state law promotes voluntary, year-round conservation and water use efficiency measures by commercial car washes (H.B. 1236 - S.L. 2009-480). The legislation outlines a number of guidelines by which a trade or professional organization representing commercial car washes may establish a voluntary water conservation and water use efficiency certification program to encourage and promote the use of year-round water conservation and water use efficiency measures.

Renewable Energy

_The sunset for the credit for investing in renewable energy property has been extended under a new state law (H.B. 512 - S.L. 2009-548). The credit was originally set to sunset on January 1, 2011, but it will now be extended to January 1, 2016. The intent of the bill is to offer an incentive to nonresidential property owners to invest in renewable energy property.

_A new state law will authorize cities and counties to establish loan programs to finance the installation of distributed generation renewable energy sources or energy efficiency improvements that are permanently affixed to real property (HB 1389 - S.L. 2009-522). The law was enacted because members of the General Assembly found that it is in the best interest of the citizens of North Carolina to promote and encourage renewable energy and energy efficiency within the State in order to conserve energy, promote economic competitiveness, and expand employment in the State.

_Current limitations on city ordinances and county ordinances that regulate the installation of solar panels for single-family residences applicable to all residential property and the current limitations on deed restrictions that regulate the installation of solar panels for single-family residences will be applied to all residential property except certain multi-story condominiums under a new state law (H.B. 1387 - S.L. 2009-553). The law is intended to protect the public health, safety, and welfare by encouraging the development and use of solar resources and by prohibiting deed restrictions, covenants, and other similar agreements that could have the ultimate effect of driving the costs of owning and maintaining a residence beyond the financial means of most owners.

Miscellaneous

_Certain North Carolina dams in connection with electric generating facilities will be subject to the Dam Safety Act under a new state law (S.B. 1004 - S.L. 2009-390). The law allows the Department of Environmental and Natural Resources to inspect the structural soundness of coal ash dams. Previously, utility companies submitted their own engineering reports to the state Utilities Commission and were not subject to inspection by an outside entity. The law will also permit an electric public utility that purchases or constructs a carbon offset facility to retain the fuel and fuel-related cost savings resulting from the purchase or construction of the facility under certain conditions.

_A new state law has been enacted pertaining to energy performance contracting (S.B. 304 - S.L. 2009-375). Previously, there was a $100 million cap on projects that use guaranteed energy and water savings to pay for energy and water efficiency retrofits in state government buildings and we have hit that cap. We are the only state with a cap, which this law expands to $500 million. The law saves the taxpayers money and will have the added bonus of reducing the state’s carbon footprint. In addition it is expected to stimulate as many as 5,000 jobs (an average of 13 jobs per $1 million invested in these contracts).

_The State Energy Office has been transferred from the Department of Administration to the Department of Commerce under a new state law (H.B. 1481 - S.L. 2009-446). The law also transfers the Residential Energy Conservation Assistance Program from the Department of Health and Human Services to the Energy Office of the Department of Commerce, and makes various changes to the Energy Policy Act of 1975.

_This year’s budget will allocate $5 million of the funds received by the state under the American Recovery and Reinvestment Act and appropriated to the State Energy Office to the Green Business Fund. The Green Business Fund provides grants to private businesses with less than 100 employees, non-profit organizations, and state agencies to encourage the growth of a green economy in North Carolina.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. August 6, 2009

2009-08-07T16:32:00.001-04:00

This year, the General Assembly was forced to make difficult and unprecedented decisions regarding the state budget. We cut more than 500 line items and eliminated more than 50 programs to shrink our state budget by $2 billion compared to last year.

This smaller budget includes federal stimulus money ($1.3 billion) and additional tax revenue ($990 million), which together cover about half of our more than $4 billion shortfall. The other half is covered by real, tangible cuts. We are in no way growing government.

The information below shows both how we have significantly cut spending across the board and how we have tried to preserve or expand vital programs in our state.

Budget Reductions

We made significant cuts across the board in the state budget this year. While we have worked hard to preserve necessary programs and services, there were just some programs that we could not continue or fund in full. The following information highlights just some of the difficult decisions we have had to make this year.

Overview

_State Employees: The budget eliminates 2,191 state employee positions, 726 of which are currently filled.

_Education: Funding has been reduced for about 100 programs; 23 programs have been eliminated.

_HHS: Funding has been reduced for about 125 programs; 13 programs have been eliminated.

_Natural and Economic Resources: Funding has been reduced for about 75 programs; five programs have been eliminated.

_Justice and Public Safety: Funding has been reduced for about 80 programs; 10 programs have been eliminated.

_General Government: Funding has been reduced for about 80 programs; two programs have been eliminated.

_Transportation: Funding has been reduced for about 30 programs; one program has been eliminated.

Education

_We have saved a significant amount of money by delaying the adoption of math textbooks in grades 6 through 12. - ($48 million)

_ We have reduced General Fund support for More at Four. - ($5 million)

_We have had to cut funding for local school systems across the state. Local education officials will decide how manage the cut, and the state will allow systems some additional flexibility in moving money around to protect classroom instruction. - ($225 million)

_We have eliminated funding for all 200 Literacy Coaches. - ($12 million)

_We have reduced funding for non-instructional support personnel in public schools. Non-instructional support personnel include clerical assistants, custodians, and substitute teachers, among other items. - ($10 million)

_We have reduced funding for public school transportation, which supports salaries of transportation personnel as well as the maintenance of yellow buses. - ($15 million)

_We have reduced funding to the following non-public school organizations: Communities in Schools, Schools Attuned, ExplorNet, Teacher Cadet, NC Network, Science Olympiad, Teach for America, NC Math & Science, and Project Enlightenment. - ($4.6 million)

_We have reduced funding to a number of UNC Centers and Institutes. – ($12 million)

Health and Human Services

_We have reduced funding for Smart Start. – ($16 million)

_We have reduced service funds for supplemental state-funded services provided to CAP/MR-DD patients. State funds are still allowed for room, board, and other services. – ($16 million)

_We have reduced funding for state operated services within the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services that are not part of the core mission of DMH, DD, and SAS. – ($4.5 million)

_We have reduced funding for community services within the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services that are not part of the core mission of DMH, DD, and SAS. – ($4 million)

_We have eliminated state funding for the following programs: Kidney Disease Purchase of Medical Care Program, Epilepsy Purchase of Medical Care Program, Adult Cystic Fibrosis Program, and the Cancer Purchase of Medical Care Program. – ($3.3 million)

_We have reduced Division of Public Health contract funds that (1) do not meet the Division’s core mission, (2) do not provide a direct service, (3) have had unobligated funds in the past, or (4) have not met the goals or deliverables in the contract. – ($4 million)

_We have reduced funding for NC Reach. NC Reach is an education assistance program for adoptees and foster youth. – ($3.2 million)

_We have reduced state aid to counties associated with county administration of public assistance programs. – ($5.5 million)

_We have reduced Medicaid provider rates. This reduction applies to all public and private providers except for federally qualified health centers, rural health centers, school-based and school-linked health centers, state institutions, hospital outpatient, pharmacy, and the non-inflationary components of the case-mix reimbursement system for skilled nursing facilities. – ($76.4 million)

_ We have reduced prescription drug expenditures by using more generics and better managing costs. – ($25 million)

_We have reduced appropriation for community support services within the Division of Medical Assistance. – ($65 million)

_We have reduced funding for some children’s group homes. – ($15.9 million)

_We have consolidated case management services throughout the Medicaid program. – ($41 million)

_We have frozen Community Alternative Program (CAP) slots for disabled adults and people with mental retardation and developmental disabilities. – ($6.7 million)

_We have reduced medical assistance payments by increasing payment by third parties and increasing cost avoidance through better utilization of technology and other Medicaid cost-containment activities. – ($20 million)

Natural & Economic Resources

_We have reduced operating expenses within the Division of Agriculture and Consumer Services. – ($345,873)

_We have reduced operating expenses within the Department of Labor. -($155,877)

_We have reduced operating expenses within the Department of Environment and Natural Resources. – ($724,866)

_We have reduced operating expenses within the Department of Commerce. – ($333,615)

Justice and Public Safety
_We have eliminated state funding for the Center for the Prevention of School Violence, which does not serve the core mission of the department. – ($481,225)
_We have eliminated pass-through funding to Boys & Girls Club, which was used as part of a match for grant funds that the club no longer receives. – ($400,000)
_We have reduced state-funded Eckerd Wilderness Camp contract, which will close two of the seven camps. The North Carolina Eckerd Wilderness Camps serve boys and girls, ages 10 through 17, with behavioral problems. – ($2.8 million)
_We have closed the Samarkand Youth Development Center. – ($2.6 million)
_We plan to close seven prisons, which will be staggered over the course of the 2009-2010 fiscal year. – ($8.4 million)
_We have eliminated Community Work Crews, which provide labor for state and local governmental entities at no cost, as well as providing occupational development for inmates; 127 associated officer positions will also be eliminated. The DOC may charge actual cost to governmental entities for these services. – ($4.8 million)

Transportation
_We have reduced aviation and ferry funds. – ($4.15 million)
_Administration funding is cut throughout the Department of Transportation. This funding is used for salary and operating expenses in the administration of the NCDOT, Division of Highways, and the Division of Motor Vehicles. – ($9.2 million)
_Funds for the Drivers Education Program in the Department of Public Instruction are also reduced. – ($1.1 million)

_Funding for various operating accounts is reduced in the State Highway Patrol. - ($3.7 million)

General Government

_We have made reductions to various operating accounts in eight divisions across the Department of Administration. – ($104,647)

_We have made reductions to various operating accounts within the Department of Cultural Resources. – ($552,985)

_We have reduced various administrative services within the Department of Cultural Resources. – ($193,640)

_We have reduced funding for the following expenditures within the Department of Cultural Resources: Tryon Palace, Maritime Museum, the Museum of Art, the Arts Council, State Library Services, the Museum of History, and the Roanoke Island Commission. – ($1.9 million)

_We have reduced funding for the Volunteer Safety Workers’ Fund within the Department of Insurance. – ($2.5 million)

Preservation/Expansion of Vital Programs

Although we have made significant cuts across the board, we must continue to invest in job creation, education and health care if our state is to remain strong. The following information highlights just some of the ways we have tried to preserve vital programs in North Carolina.

Education

Despite a lack of funding, we have done our best to protect education in North Carolina. The following information highlights just some of the ways this budget will help to preserve the quality of education in our state.

_Overall education spending increase between House budget and final version - $285 million

_We have allocated funds to prevent the elimination of 3rd-grade teaching assistants - $130 million

_We have allocated funding to protect K-3 teaching positions - $139 million

_We have provided funding for 12 additional Learn & Earn high schools that will be operational in FY 2009-10 - $3.6 million.

_We have allocated funding to expand the District and School Transformation Initiative, which is part of the state’s redesigned framework for delivering technical assistance and other support to low performing districts and schools. - $ 2.5 million

_We have provided recurring funding for additional dropout prevention grants. - $13 million

_We have fully funded enrollment growth in community colleges. - $58 million

_We have fully funded enrollment growth in universities - $44 million

_We have allocated funding to re-establish and place renewed emphasis on vocational and technical education programs at community colleges. - $4.5 million

_Financial aid for UNC system - $35 million

_We have increased the state’s contribution to the Teachers’ and State Employees’ Retirement System. - $21 million

Health and Human Services

The following information highlights just some of the ways that we have tried to preserve essential programs in Health and Human Services.

_Complete last phase of three-year takeover of Medicaid from counties, freeing money for local governments - $252 million

_We have expanded the Children’s Health Care Program (Health Choice) - $17 million

_We have restored funding for Local Mental Health Management Agencies - $10 million

_We have provided funds to keep the Dobbs Youth Development Center open - $2.26 million

_We have provided additional funding to the State Health Plan cover medical costs and to reduce the premium rate increase for the next two years from 10 percent to 8.9 percent. - $132.2 million

_New local inpatient beds for the mentally ill to treat people closer to their homes
and relieve state hospitals - $12 million

Justice and Public Safety

The following information highlights just some of the ways we have tried to preserve and fund important programs pertaining to justice and public safety.

_We have restored funding for 132 jobs in state courts - $7.5 million

_We have restored funding for 155 Victim Witness Legal Assistants - $7 million

_We have provided money for the Private Attorney Fund to address backlog of unpaid claims carried over from last fiscal year. Recurring continuation increases for the Fund are reduced. - $7 million

_We have allotted funds to expand Chief Probation Parole Officer Positions to fund an additional 18 positions. - $1.4 million

_We have restored 400 proposed job cuts in the Department of Corrections - $15 million

Miscellaneous

_We have allocated funds for maintenance to the state highway system. The increase in funding is necessary to prevent further deterioration of the State highway system. - $41.1 million

_We have provided funds to Water Resources Development Projects to pay for the state’s share of the projects. Funds will provide a state match for $57,700,000 in federal funds. - $4.9 million

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. July 30, 2009

2009-08-01T18:41:00.000-04:00

Budget writers continue working diligently with Gov. Perdue this week to come to an agreement on a budget for the next two years. While there is still work to be done, I am confident that we have moved significantly closer to a consensus.

The House also took up a number of key bills this week. We have worked hard to pass legislation that will prevent racial profiling and reform North Carolina’s probation laws. We have also improved the State Fair Housing Act and our predatory lending laws. The following information highlights just some of the important work we have done here in Raleigh this week.

I hope you will contact me if you have questions, or if I can be of service. Thank you as always for your support and your interest in our state.

Public Safety

_State lawmakers have approved legislation that will reform probation in North Carolina by giving probation officers more tools to keep offenders from getting into further trouble (SB 920). If enacted, probation officers would be added to the list of persons who are allowed to access the juvenile records of certain offenders. The legislation would also make warrantless searches and drug screening regular conditions of supervised parole and would add additional controlling measures for offenders subject to intermediate punishment. The bill will now be presented to Gov. Perdue to be signed into law.

_State lawmakers have passed a bill intended to help prevent racial profiling by law officers by changing how they collect traffic statistics (SB 464). The legislation also provides that when a law enforcement officer arrests an adult who is supervising minor children, the minors must be placed with a responsible adult approved by the parent or guardian. If it is not possible to place the minor children with a responsible adult within a reasonable period of time, the officer shall contact the county department of social services. The bill now returns to the Senate for a concurrence motion.

_The General Assembly has ratified legislation that clarifies that people who use defibrillators in emergencies aren’t liable for damages unless they displayed gross negligence (HB 1433). The bill will now be presented to Gov. Perdue to be signed into law.

_The General Assembly has ratified legislation that would strengthen domestic violence laws by providing protection for the pets of abused persons. (SB 1062). Opponents of the bill say that the legislation is evidence of political correctness going too far. However, proponents of the legislation contend that the bill is meant to protect human beings more than animals. In domestic violence cases, there have been some instances in which abusers threaten violence toward a family pet as a means of manipulating their victims. In extreme cases, abusers have tortured or killed pets. The bill will now be presented to Gov. Perdue to be signed into law.

Protecting Homeowners

_The Statutory Homestead Exemption would be significantly increased under a bill that has been ratified by the General Assembly and sent to Gov. Perdue to be signed into law (HB 1058). The legislation increases the exemption from $18,500 to $35,000.

Improving Government

_The General Assembly has ratified legislation that will require all cities, counties and other local units of government to adopt a code of ethics for their governing boards (HB 1452). The legislation would also require members of those boards to receive education on ethics laws applicable to local government officials. The bill will now be presented to Gov. Perdue to be signed into law.

_The House has passed legislation that would expand the definition of economically distressed counties to include the 80 poorest counties in the state as determined by a number of factors (HB 1514). If enacted, the legislation would also increase the maximum expenditure of funds from the Industrial Development Fund from $5,000 to $10,000 per new job created or per job retained up to a maximum of $500,000 per project. The bill is now in the Senate Committee on Finance.

_A bill that would improve North Carolina’s absentee voting laws, especially the ability of military and overseas voters to cast timely ballots, has been approved by the House (SB 253). If enacted, the bill would open up absentee voting 10 days earlier in even-numbered years to 60 days and not later than 50 days before the primary or any other election. In the case of municipal elections, voting would open no later than 30 days before an election. The bill will now return to the Senate for a concurrence motion.

Miscellaneous

_Legislation that would establish requirements for certification of persons performing lead-based paint renovation work in certain residential housing and child-occupied facilities has passed the House and is now pending in the Senate (HB 1151). If enacted, the legislation would also require accreditation of renovation trainers and renovation training courses.

_The General Assembly has ratified legislation that would establish the Drug, Supplies, and Medical Device Repository Program in the North Carolina Board of Pharmacy (HB 1296). The program would allow donations of unused drugs, supplies, and medical devices to uninsured and underinsured patients in this state. The donations would go to a free clinic or pharmacy and be redistributed. The bill will now be presented to Gov. Perdue to be signed into law.

_State lawmakers have passed a bill that will provide the same protections to search and rescue animals as those provided to law enforcement agency animals and animals that assist the disabled (HB 1098). Under the legislation, any person who knows or has reason to know that an animal is a search and rescue animal and who willfully kills that animal will be guilty of a Class H felony. The bill will now be presented to Gov. Perdue to be signed into law.

_North Carolina residents over age 18 would be allowed to get a motorcycle learner’s permit without taking a rider safety course under a bill that has been approved by both bodies of the Legislature (SB 64). Under the bill, the learner’s permit would be valid for 12 months and could be renewed for one additional six-month period. The bill will now return to the Senate for a concurrence motion.

Notes

_The Offshore Energy Exploration Study Committee, which was created by the General Assembly earlier this year, held a public hearing in Wilmington this week to hear public opinion on exploring for energy resources of the coast of North Carolina. The committee was established to consider the financial and environmental implications of oil and natural gas exploration off our state’s coast. The committee’s final recommendations are due in May.

Please remember that you can listen to each day’s session, committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select "Audio," and then make your selection – House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. July 23, 2009

2009-07-24T22:53:00.002-04:00

The General Assembly moved closer to a final budget deal this week, but is now weighing a request from Gov. Perdue to change some elements of the proposed tax package. Legislators will continue to work on a plan that best spreads around the costs of protecting education and health and human services

As the legislative session heads toward its conclusion, we moved a number of important pieces of legislation through the House. We have approved reforms to our state’s 50 year old annexation law and have improved upon laws related to crime and public safety. We have also worked to pass legislation that will help improve our state’s energy efficiency and move North Carolina toward a sustainable, green economy.

I hope you will contact me if you have questions, or if I can be of service. Thank you for your support and your interest in our state.

Crime

_State lawmakers have amended the law regarding trafficking in methamphetamine and amphetamine to clarify that the charge of trafficking is based on the weight of the entire powder or liquid mixture, rather than the weight of the actual amount of the controlled substance in the powder or liquid mixture (SB 1091). The intent of the bill is to strengthen the state’s drug laws. The bill will now return to the Senate for a concurrence motion.

_A bill to clarify procedures in civil actions for alienation of affection and criminal conversation has been ratified by the General Assembly (HB 1110). Under the legislation, a defendant would no longer be liable in an alienation of affection or criminal conversation suit if the action were to occur after the plaintiff and the plaintiff's spouse had physically separated with the intent of either the plaintiff or plaintiff's spouse that the physical separation remain permanent. The bill also clarifies that an action for alienation of affection or criminal conversation shall not be commenced more than three years from the last act of the defendant giving rise to the cause of action. The bill will now be presented to Gov. Perdue to be signed into law.

Safety

_We have ratified legislation to clarify domestic violence laws to mandate that when a law enforcement officer shall arrest a person who has knowingly violated a valid protective order, despite the 2006 holding by the NC Court of Appeals in Cockerham-Ellerbee vs. the Town of Jonesville (HB 1464). The bill will now be presented to Gov. Perdue to be signed into law.

_The General Assembly has ratified a bill that would amend the procedure for obtaining a domestic violence protective order or civil no-contact order and clarify the enforcement and application of a penalty enhancement if a defendant commits an offense while under a domestic violence protective order (HB 115). The legislation would also support a statewide domestic violence protective order notification system and investigate the costs of implementing such a system. In addition, the bill would direct the appropriate entities to study state oversight and coordination of services for victims of sexual violence. The bill will now be presented to Gov. Perdue to be signed into law.

_A bill that would ensure that acts of violence in schools are reported to the local superintendent or the superintendent’s designee has passed both bodies of the Legislature (HB 1078). If enacted, the legislation would also require local boards of education to adopt a policy on notification to the parents or legal guardians of students alleged to be victims of any act required to be reported to law enforcement and the superintendent. The bill will now be sent to Gov. Perdue to be signed into law.

_An act to statutorily establish the Division of Emergency Management within the Department of Crime Control and Public Safety has been ratified by the General Assembly and sent to Gov. Perdue to be signed into law (HB 378). Previously the department only had authority granted through executive orders issued by the governor.

Annexation

_ House lawmakers have approved reforms to the state’s 50-year-old annexation law (HB 524). The legislation addresses the issue of how cities and towns expand into adjoining areas through the annexation of property. If enacted, North Carolina’s annexation law would now give residents of a community the opportunity to vote on whether they wish to be annexed by an adjoining town or city. In order for there to be a referendum, opponents of annexation must collect signatures from 15 percent of voters in the city and the area to be annexed. The bill will now go to the Senate for further consideration.

Energy/Environment

_The sunset for the credit for investing in renewable energy property would be extended under a bill that passed the House this week (HB 512). The credit was originally set to sunset on January 1, 2011, but it would now be extended to January 1, 2016. The intent of the credit is to offer an incentive to encourage property owners to invest in renewable energy property in North Carolina. The bill will now go to the Senate for further consideration.

_Certain North Carolina dams used in connection with electric generating facilities would be subject to the Dam Safety Act under a bill that has been ratified by the General Assembly (SB 1004). The legislation would allow the Department of Environmental and Natural Resources (DENR) to inspect the structural soundness of coal ash dams. Under current law, utility companies submit their own engineering reports to the state Utilities Commission and are not subject to inspection by an outside entity. Giving DENR the capability to inspect these facilities is important because North Carolina has 12 of the 44 most hazardous coal ash ponds in the US according to the EPA. The bill would also permit an electric public utility that purchases or constructs a carbon offset facility to retain the fuel and fuel-related cost savings resulting from the purchase or construction of the facility, under certain conditions. Another provision in the bill would make it easier for Progress Energy to comply with its requirements under the Clean Smokestacks Act by switching to natural gas rather than putting the same amount of money into scrubbing coal. Natural gas is far cleaner and more efficient. The bill will now be presented to Gov. Perdue to be signed into law.

Miscellaneous

_The Disabled Veteran Property Tax Homestead Exclusion would be increased under a bill that passed the House this week (HB 594). The law applies to a permanent residence owned and occupied by an owner who is a North Carolina resident and who is an honorably discharged disabled veteran or the unmarried surviving spouse of an honorably discharged disabled veteran. Under current law, the first $45,000 of the appraised value of such a residence is excluded from taxation. This new law would increase that amount to $65,000. The bill will now go to the Senate for further consideration.

_Legislation that would require health benefit plans and the State Health Plan to cover hearing aids and replacement hearing aids was approved in the House this week (HB 589). If enacted, the legislation would require every health benefit plan, including the State Health Plan for Teachers and State Employees, to provide coverage for one hearing aid per hearing-impaired ear, up to $2,500 per hearing aid, every 36 months for covered individuals under the age of 22 years. The bill will now go to the Senate for further consideration.

_State lawmakers have passed a bill that will help North Carolina start making preparations for the impact of aging baby boomers on our state (SB 195). The legislation would direct the University of North Carolina Institute on Aging and the Division of Aging and Adult Services within the Department of Health and Human Services to take a leadership role in helping our state prepare for increased numbers of older adults. The bill will now be sent to Gov. Perdue to be signed into law.

_State lawmakers have passed legislation that would allow the Department of Transportation (NC DOT) to help fund fixed rail projects that do not receive federal funds (HB 1005). Under the bill, state funds could also be used to pay administrative costs incurred by NC DOT while participating in such fixed guideway projects. The bill will now be presented to Gov. Perdue to be signed into law.

Please remember that you can listen to each day’s session, committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select "Audio," and then make your selection – House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. July 16, 2009

2009-07-19T23:03:00.001-04:00

This week, the General Assembly busily discussed a number of matters of great importance to this state. As our session nears its close, the House approved legislation to improve the state’s justice system, strengthen the state’s coastal insurance coverage and make our open meeting and public record laws stronger. We also approved a number of measures to make our state a better place for children.

We continue to work with our Senate counterparts to refine the state’s budget plan for the next two years. As you know, this has been the most challenging budget we’ve faced in several decades. The gap between our anticipated budget and projected revenue is more than $4 billion. Money from the federal government and expected tax revenue increases will cover about half the gap. We will make up the other half of the shortfall – more than $2 billion – with cuts in state programs.

I am including information below about some of the legislation taken up in the House this week. I hope you will contact me if you have questions, or if I can be of service. Thank you as always for your support and your interest in our state.

Improving Government

_The “Open Government Act” has passed the House, and is headed to the Senate (HB 1134). The legislation creates the Open Government Unit of the Department of Justice, which would serve as a moderator or mediator in resolving public records and open meetings issues between parties. The Open Government Unit is designed to further the goal of transparency in government and the principle that public records are the property of the people. Among other things, the legislation would provide that the successful plaintiff in a public records dispute is entitled to reasonable attorney’s fees.

_The state’s 2005 Anti-Identity Theft Protection Laws would be expanded under a bill that has passed both bodies of the Legislature (SB 1017). If enacted, consumers in North Carolina could be issued a security freeze on their credit at no cost. The bill would do a number of other things as well, including authorizing certain court officials to remove Social Security numbers from documents on their Web sites and compelling businesses and government agencies to report all security breaches to the Attorney General’s office, instead of just those that affect more than 1,000 people. The bill will now go to Gov. Perdue to be signed into law.

_State lawmakers have ratified legislation that is meant to increase child support collections (SB 817) by increasing the penalty for failing to pay. The legislation provides that a person who commits criminal contempt by failing to comply with an order to pay child support is subject to censure, imprisonment up to 30 days, a fine not to exceed $500, or any combination of the three. It would also permit the imposition of a sentence of up to 120 days for a single act of criminal contempt for failure to pay child support, provided the sentence is suspended upon conditions reasonably related to the contemnor’s payment of child support. The bill will now go to Gov. Perdue to be signed into law.

Insurance

_House lawmakers have approved legislation that makes improving changes to the state’s Coastal Property Insurance Pool (CPIP), presently known as the Beach Plan (HB 1305). Under the existing system, the potential liability of the insurance companies that participate in the state’s coastal plan is unlimited. Proponents of the bill claim that action needs to be taken promptly since the liability of the plan has tripled over the past 10 years to almost $74 billion. This unlimited liability could lead insurers to pull out of the state, resulting in reduced competition and higher rates. Among other things, the bill would decrease the maximum coverage limit per home from $1.5 million to $750,000 and cap the amount of money that private insurance companies who participate in the plan are liable for at $1 billion. Homeowners outside of the 18 coastal counties that participate in plan could be asked to pay up to 10 percent more a year only if storm damage in a season exceeded $3 billion. The most the plan has ever paid out in claims in a previous year is $150 million. The bill will now go to the Senate for further consideration.

_There would be more transparency in health plan provider contracts under a bill that has been ratified by the General Assembly (SB 877). If enacted, the legislation would require that the main body of the contract include provisions of the state law which materially affect the business relationship between physicians and health plans, as identified by the Commissioner of Insurance. The bill will now go to Gov. Perdue to be signed into law.

Justice

_The North Carolina Racial Justice Act passed the House this week (SB 461). The intent of the legislation is to provide fair and reliable imposition of capital sentences by prohibiting seeking or imposing the death penalty on the basis of race. The bill would establish a process by which relevant evidence could be used to establish that race was a significant factor in seeking or imposing the death penalty on a defendant. The bill would apply retroactively, which has opponents worried about delaying pending executions, clogging the already jam-packed court system, and the high costs of implementing the law. However, proponents of the legislation claim that passage of the bill is necessary to ensure that no person in this state is executed on the basis of race. The bill will now return to the Senate for a concurrence motion.

_Both bodies of the Legislature have passed a bill that would provide free forensic medical examinations for victims of rape and sexual offenses (HB 1342). Under existing law, hospitals bill insurers for the cost of the exams, leaving the victims responsible for a co-pay or portion of a deductible payment. The bill would increase from $7,500 to $12,500 the amount of a claim that the director of the Crime Victims Compensation Commission may award a victim without making a recommendation to the commission. The bill would also encourage victims to seek compensation for other medical expenses related to the rape or sexual offense from the Victims Compensation Program Fund. The bill will now go to Gov. Perdue to be signed into law.

_The Innocence Inquiry Commission could soon have the authority to compel people who have pertinent information about a court case to testify. The bill, which has passed both bodies of the Legislature, would also allow the head of the commission to grant limited immunity to the witness from prosecution for previous false statements made under oath in prior proceedings (HB 937). The bill will now go to Gov. Perdue to be signed into law.

Crime/Safety

_Lawyers representing inmates on death row may be permitted to meet with their clients on the same day that the court rules on the inmate’s appeal under a bill that has passed both bodies of the Legislature and been signed into law (HB 1037). The proposal helps ensure that death row inmates hear the court’s decision from their own lawyers, rather than from another source.

_The General Assembly has ratified legislation that would add large constricting snakes and crocodiles to a list of dangerous reptiles that are already regulated under current law (SB 307). If enacted, the law would begin regulating the handling, ownership and sale of large constricting snakes and crocodiles. Owners of these hazardous reptiles would also be required to alert the police should one of these animals escape. Passage of this legislation comes two weeks after a 2-year-old girl was strangled and killed by a Burmese python that escaped from its home terrarium in Florida. The bill has now been sent to Gov. Perdue to be signed into law.

_An act to provide certain magistrates with the authority to provide for the appointment of counsel to indigent persons when authorized by the chief district court judge has passed both bodies of the Legislature and is headed to Gov. Perdue to be signed into law (SB 514). The legislation limits the designation of this authority to magistrates who are duly licensed attorneys, and prohibits any magistrate from being given the authority to appoint counsel for first degree murder offenses or capital cases. Under the legislation, magistrates are also prohibited from accepting a waiver of counsel.

Protecting Children

_The fine for first-time violators of the state's child labor law would be doubled from $250 to $500 in a bill that has passed both bodies of the Legislature (HB 23). The legislation would also create a $1,000 penalty for additional violations. Under the bill, the NC Department of Labor would be authorized to fine a company up to $14,000 for workplace safety violations that injure a worker younger than 18, which is double the amount of the current maximum fine. There are regulations in place that bar young workers from performing a host of hazardous jobs, and this legislation is meant to act as a stronger deterrence against employer violations. The bill will now be sent to Gov. Perdue to be signed into law.

_A bill that establishes courtroom procedures for remote testimony by children has been approved by both bodies of the Legislature (HB 192). The legislation would allow judges to let children testify remotely if the court determined that testifying in front of the defendant would cause severe emotional distress or would harm the child’s ability to tell the truth. The bill will now be sent to Gov. Perdue to be signed into law.

Miscellaneous

_Occupational licensing boards could adopt rules to postpone or waive licensing conditions for people in the armed forces under a bill that passed the House this week (HB 1411). Under the bill, an individual who is serving in the US armed forces and is eligible for a time extension to file a tax return would be granted an extension of time to pay any license fee charged by an occupational licensing board. The extension is for the same period that would apply if the license fee were a tax. The bill will now go to the Senate for further consideration.

_The Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services will be directed to adopt rules providing for the licensure and accreditation of residential treatment facilities for persons with traumatic brain injury (TBI) under a bill that has passed both bodies of the Legislature (HB 1309). The legislation will now be sent to Gov. Perdue to be signed into law.

_The NC Division of Motor Vehicles would be allowed to refuse to register a vehicle if the vehicle is not in compliance with inspections requirements under a bill that has passed both bodies of the Legislature (HB 882). The bill will now go to Gov. Perdue to be signed into law.
Notes

_Members of the House officially honored the life and memory of former NC Governor Robert Walter “Bob” Scott with a joint resolution on Monday (SJR 182). During his term as governor, Scott led the effort to fund kindergarten education programs. He was also at the forefront of the move to unite all of the state's public colleges and universities into one body, creating The University of North Carolina System, and was instrumental in the reorganization of state departments and agencies to better serve the citizens of North Carolina. Scott passed away on January 23, 2009 at the age of 79.

_Monday night, members of the House and Senate participated in a joint session to confirm Gov. Perdue’s three appointees to the State Board of Education (HJR 364). The House and Senate unanimously approved the reappointment of Wayne McDevitt and Patricia Willoughby. Reginald Kenan of Duplin County was also unanimously approved for his first term on the board.

Please remember that you can listen to each day’s session, committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select "Audio," and then make your selection – House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. July 9, 2009

2009-07-10T17:42:00.002-04:00

Deliberations continued in Raleigh this week with members of the House and Senate negotiating a spending proposal and a change in the state’s tax laws. We are making progress, but our work is slow in the face of this great challenge.

We continue with important policy work and have passed several pieces of important legislation. I am including some discussion of this legislation below.

I hope you will contact me if you have questions, or if I can be of service. Thank you as always for your support and your interest in our state.

Protecting Homeowners

_North Carolinians who have been victimized by predatory mortgage lenders would be helped under a bill that has now passed both bodies of the Legislature (HB 1523). The primary intent of the S.A.F.E. Mortgage Licensing Act is to ensure that mortgage loan originators operate ethically. The legislation gives the Commissioner of Banks broad authority to enforce this law. The bill will now go to Gov. Perdue to be signed into law.

Health

_State lawmakers have voted in favor of legislation that authorizes the Department of Health and Human Services to release confidential data in the Controlled Substances Reporting System to state medical examiners for the purpose of investigating deaths (SB 628). The bill would also make changes pertaining to confidentiality of prescription information. The legislation will now go to Gov. Perdue to be signed into law.

_State lawmakers have amended North Carolina’s rabies laws to conform to recommendations from the Centers for Disease Control and the National Association of State Public Health Veterinarians (SB 674). Once enacted, the legislation will allow stray or feral animals to be euthanized and tested for rabies after biting a human. The bill has now been sent to Gov. Perdue to be signed into law.

Crime

_State lawmakers have amended the law regarding trafficking in methamphetamine and amphetamine to clarify that the charge of trafficking is based on the weight of the entire powder or liquid mixture, rather than the weight of the actual amount of the controlled substance in the powder or liquid mixture (SB 1091). The intent of the bill is to strengthen the state’s drug laws. It will now go to Gov. Perdue to be signed into law.

_The General Assembly has ratified legislation to clarify that commercial social networking sites cannot be held civilly liable for actions stemming from communications on the site as long as the operators of the site have made a good-faith attempt to screen out convicted sex offenders (HB 1267). The bill has now gone to Gov. Perdue to be signed into law.

Miscellaneous

_Public school teachers with four years of experience will now have the right to receive an explanation as to why they will not receive tenure under a bill that has passed both bodies of the Legislature (SB 962). The legislation will also give those teachers the right to a hearing before the local school board votes on the decision. The bill will now be sent to Gov. Perdue to be signed into law.

_State lawmakers have ratified legislation that extends the Legislative Commission on Global Climate Change (SB 835). The commission was established to conduct an in-depth examination of issues related to global climate change. The bill will now go to Gov. Perdue to be signed into law.

_Public utilities, electronic membership corporations, telephone membership corporations, and cities and counties that operate public enterprises will now be prohibited from using certain debt collection practices that result in a customer being liable for the past due and unpaid debts of another person. The legislation, which was ratified by the General Assembly this week, has now been sent to Gov. Perdue to be signed into law (HB 1330).

_Legislation that will make it easier for soldiers, reservists and National Guard members to renew their drivers’ licenses has been ratified by the General Assembly and sent to Gov. Perdue to be signed into law (HB 98). Currently, North Carolinians may renew their drivers’ licenses as much as six months prior to the expiration date. Under the new law, members of the armed forces will be able to renew their licenses upon receipt of deployment orders. The legislation will also allow a 30-day grace period for the renewal of an expired license upon release from active duty.

_A state panel will be directed to examine the law books and propose changes to the General Statutes to make them more gender neutral under a bill that has been ratified by the General Assembly (SB 870). The Legislature would have to approve any proposed changes before they are implemented, and voters would have to approve any changes to the state’s constitution. The legislation now goes to Gov. Perdue to be signed into law.

_The “Open Government Act” has passed the House, and is headed to the Senate (HB 1134). The legislation creates the Open Government Unit of the Department of Justice, which will further the goal of transparency in government and the principle that public records are the property of the people. The legislation will also establish a fee for services of moderation and mediation by the Open Government Unit, and will provide that the successful plaintiff in a public records dispute is entitled to reasonable attorney’s fees.

Notes

_Members of the General Assembly honored the life and memory of the late state Senator Vernon Malone on Thursday (SJR 1106). Vernon Malone had served with honor and distinction as a member of the North Carolina Senate since 2003. He was a leader on several key committees and a strong proponent of education. Senator Malone died on April 18 at the age of 77.

_Members of the General Assembly have passed a joint resolution supporting the implementation of the Passenger Rail Investment and Improvement Act of 2008 and the American Recovery and Reinvestment Act of 2009 (HJR 1654). The acts establish a program of federal capital grants to improve passenger, intermodal and freight services, create a new capital program for states to expand and improve passenger rail services and encourage public-private partnerships that work on high-speed rail projects.

Please remember that you can listen to each day’s session, committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select "Audio," and then make your selection – House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. July 6, 2009

2009-07-08T11:19:00.001-04:00

The General Assembly continues to work on a budget proposal and has directed state agencies to operate at a 15 percent reduction until a final plan is approved.

As I’ve said before, this is an extraordinarily difficult year to craft a budget. We are cutting more than $2 billion in spending and would have to scale back even more if not for some one-time federal stimulus money the state will receive. We are making these cuts as strategically as we can and in ways that will do the least harm.

While we have remained busy working on the state’s budget, we have also worked hard to pass legislation that we hope will improve your lives. The following information highlights some of the legislation that has made it through the House this week.

I hope you will contact me if you have questions, or if I can be of service. Thank you as always for your support and your interest in our state.

Improving Government

_Lawmakers have passed a bill that will transfer the functions and funds of the North Carolina Turnpike Authority to the Department of Transportation (HB 1617). The change means the turnpike authority will now be under the direct supervision of the Secretary of Transportation. The intent of the legislation is to conserve expenditures and improve efficiency. The General Assembly created the Turnpike Authority in 2002 in response to concerns about congestion and growth. The authority was granted permission to develop and operate up to nine projects.
_State facilities that provide mental health, developmental disabilities, and substance abuse services will now be required to disclose certain information about death reports, facility police reports, and incident reports (SB 799). The intent of the legislation is to improve transparency. The bill now goes to Gov. Perdue to be signed into law.

_Legislative drafting offices and state agencies will now be directed to use certain respectful references to people with disabilities in the preparation of legislation and rules. The legislation, known as “People First,” has passed both bodies of the legislature and will now be sent to Gov. Perdue to be signed into law (SB 208).

Jobs/Economy

_On Tuesday, members of the House voted to extend the sunset of the Job Development Investment Grant Program, commonly known as JDIG (HB 1516). The intent of the program is to foster job creation and investment in the economy of this state. In the years that JDIG has been in effect, the state of North Carolina has taken in significantly more money than has been expended on the program. JDIG has proven to be a valuable asset to the state, especially during these uncertain economic times. Job Development Investment Grants are awarded only to new and expanding businesses and industrial projects whose benefits exceed the costs to the state and which would not be undertaken in North Carolina without the grant. Since the first grant was awarded in 2003, the program has been responsible for creating commitments for more than 30,000 jobs and $5 billion in investment in North Carolina.

Miscellaneous

_Legislation that would assist owners in recovering lost pets, relieve overcrowding at animal shelters, and facilitate adoptions of animals from shelters has now passed both bodies of the legislature (SB 467). Among other things, the bill will establish procedures for animal control officers to scan animals for owner information on microchips; require that euthanasia be conducted according to rules approved by the Department of Agriculture and Consumer Services, if such rules exist; and require that, before animals are sold or put to death, they be made available for adoption under procedures that allow the public to inspect them, unless they are found to be unadoptable due to injury or defects of health or temperament.

_The NC Board of Medicine will now be required to publish certain judgments, awards, payments, and settlements involving physicians. The legislation, which has passed both bodies of the legislature and been signed into law, requires disclosure of medical malpractice lawsuits that were settled for a total of $75,000 or more (HB 703).

_All municipalities and counties will now be authorized to give a single annual notice to chronic violators of their public nuisance ordinances before the local government can act. A chronic violator is a person who owns property whereupon, in the previous calendar year, the city gave notice of violation at least three times under any provision of the public nuisance ordinance. The bill, which has passed both bodies of the legislature, will now go to Gov. Perdue to be signed into law (SB 564).

_Probation officers would be allowed to transfer low-risk misdemeanants with no special conditions to unsupervised probation under a bill that has now passed both bodies of the legislature (SB 1089). Such a transfer to unsupervised probation will not relieve the misdemeanant of the obligation to continue making court-ordered payments under the terms of the misdemeanant's probation. The bill will now go to Gov. Perdue to be signed into law.

Notes

_On Monday night, members of the House officially honored the 75th anniversary of the Blue Ridge Parkway with a House Joint Resolution (HB 1655). The parkway continues to be the most visited of all the 391 units in the National Park System, attracting over 20 million visitors annually and contributing more than $2.3 billion annually to the region's economy.

_On Thursday, members of the House officially honored the 250th Anniversary of Halifax County with a Senate Joint Resolution (SB 1104). Several officials from Halifax County joined the House in the Gallery to celebrate the passage of the Resolution.

_On July 1, 2009, a number of new state laws went into effect. The newly effective laws include:

_State government will completely absorb financial responsibility for Medicaid cost-sharing payments, which was the responsibility of county governments for decades.

_The $675 million plan to maintain the solvency of the health insurance plan for teachers and state employees takes effect.

_The state has expanded property tax breaks for completely disabled veterans, the elderly and people with "working waterfront" property.

_Active military members home on leave can now hunt or fish without a license.

Please remember that you can listen to each day’s session, committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select "Audio," and then make your selection – House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.
Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. June 25, 2009

2009-06-29T16:20:00.001-04:00

This week, negotiators continued to move closer to a final budget plan. The job is more difficult than it has been in previous years because of a dramatic drop in state revenue. We have already agreed to eliminate dozens of programs and have proposed deep cuts in many of those programs that remain. At the same time, we must meet our federal obligations to fund Medicaid and to educate our continually growing number of students. Those two budget areas combined -- education and Medicaid -- comprise about 70 percent of our budget, giving us little leeway as we look for additional savings and efficiencies.

Some critics have said that budget writers in the General Assembly have exaggerated the level of cuts that are needed. As someone who is working closely with the budget, I want to assure you that this is not true. Budget writers had to cut more than $2 billion in spending, which meant carefully scrutinizing items even as little as a few hundred dollars. The state also must rely on more than $1 billion in one-time federal stimulus money to pay for some programs. This money has to be used carefully. It is not an ongoing revenue source that we can rely on in future years. To replace some of that non-recurring money, legislators are reluctantly proposing some tax increases. The size of the tax package has not been determined, but whatever amount is added to the budget will help the state preserve programs in education and health care. It is critical that we act, rather than simply do as our critics have done and both complain that the cuts are too deep and refuse to act to restore some of the lost money.

We did receive a bit of good news this week. After examining corporate returns, the NC Department of Revenue determined that next year the state will get about $150 million more in one-time revenue than had previously been expected.

Outside of budget negotiations, several important pieces of legislation were approved by the General Assembly. The following information highlights some bills of interest that the House has taken up throughout the week.

Safety

_Boating safety education would be required prior to operating a vessel with a motor of 10 horsepower or greater under a bill that has passed both bodies of the legislature (SB 43). The legislation would require a boater safety education course of anyone born after Jan. 1, 1984. It now returns to the Senate for a concurrence motion.

_ A new anti-bullying law has been ratified by the General Assembly and now goes to Gov. Perdue to be signed into law. The legislation (SB 526) would require public school districts to approve anti-bullying measures that name specific groups as possible targets. Supporters of the bill contend that the legislation helps protect students from potential prejudices. Opponents argue that the legislation creates special protected classes of students. The legislation defines bullying as behavior that places students or school employees in fear of harm or damage to their property.

Energy/Environment

_Water quality in the Jordan Reservoir would be improved under a bill that has been ratified by the General Assembly (HB 239). Jordan Lake is an important drinking water source for many Triangle-area communities. The legislation has now gone to Gov. Perdue to be signed into law.

_State lawmakers have ratified legislation that will direct the NC Department of Administration to consider fuel economy when purchasing state vehicles (HB 1079). Under existing law, the department is not required to consider fuel economy when buying passenger vehicles. The intent of the bill is to reduce the state’s carbon footprint and reduce fuel costs. If the bill becomes law, the department would be directed to submit a report outlining how much fuel and money the vehicles save. The bill has now gone to Gov. Perdue to be signed into law.

Education

_North Carolina charter schools will now be authorized to give multiple birth siblings some priority for admission to charter schools. Under the legislation, multiple birth siblings applying to a charter school through a lottery would have one chance for admission, just like other students. If they were selected, all of the siblings would be admitted. The legislation will apply beginning with the 2009-2010 school year. The bill (HB 316) now goes to Gov. Perdue to be signed into law.

_The "Healthy Youth Act" has now passed both bodies of the legislature (HB 88). Under the newly modified legislation, all students will be exposed to both abstinence-only and comprehensive sex education. The proposal also allows parents to remove their children from any portion of the course. The bill has generated a significant amount of debate, with supporters saying that the current abstinence-only curriculum lacks important information. Opponents argued that the existing curriculum provides students with all the information they need. The bill now goes to Gov. Perdue for her signature.

Miscellaneous

_North Carolina will establish a Financial Literacy Council to coordinate and expand the financial education available to all North Carolinians. The legislation is meant to promote financial education in public schools and across the state. The bill has now passed both bodies of the legislature and will go to Gov. Perdue to be signed into law (SB 1019).

_Uniformed public safety officers will now be officially authorized to wear military service medals during the business week prior to Veterans Day and Memorial Day, the day of Veterans Day and Memorial Day, and the business day immediately following Veterans Day and Memorial Day (HB 631). The legislation includes a safety measure that allows employers of a uniformed public safety officer to prohibit the wearing of service medals if the employer determines it poses a safety hazard. The legislation must now be signed by Gov. Perdue before it becomes law.

I hope you will contact me if you have questions, or if I can be of service. Thank you as always for your support and your interest in our state.

Please remember that you can listen to each day’s session, committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select "audio," and then make your selection – House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.
Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. June 18, 2009

2009-06-18T20:23:00.001-04:00

The House of Representatives passed a budget proposal over the weekend that would help our economy while also investing in education and health care. Approval of the package leads us to the next phase of the budget-writing process, and I am among those members who are negotiating with the Senate over a final proposal to present to Gov. Perdue.

Despite the large amount of work we’re doing on the budget, we continue our work to improve and refine legislation that makes our state a better place to live. The following information highlights some bills of interest that have made it through the House this week.

I hope you will contact me if you have questions, or if I can be of service. Thank you as always for your support and your interest in our state.

Crime

_Storing and preserving DNA and biological evidence related to a crime would be the responsibility of the law enforcement agency investigating the offense under a bill that has been ratified by the General Assembly (HB 1190). Under existing law, clerks of court are responsible for storing such evidence, but bill supporters argue that law enforcement is better equipped for the job. The bill now goes to Gov. Perdue for a signature.

Improving Government

_State facilities that provide mental health, developmental disabilities, and substance abuse services would be required to disclose certain information about death reports, facility police reports, and incident reports under a bill that has passed both bodies of the legislature (SB 799). The intent of the legislation is to improve transparency. Conferees will be appointed from each chamber to negotiate a final version of the bill.

_ Legislation that would expand the ability of counties and municipalities to form joint emergency management agencies has been ratified by the General Assembly. Currently, a county can only form joint agencies with municipalities within its borders. This proposal (HB 380) would allow counties to also work with other counties, as well as municipalities within the partnering county. Gov. Perdue must now sign the bill for it to become law.

_State lawmakers have ratified legislation to clarify that counties and cities have the authority to order evacuations in certain emergency situations (SB 256). The legislation also clarifies that the Emergency Management Immunity Statute applies to counties and cities in these situations. The bill has now gone to Gov. Perdue for her signature.

Miscellaneous

_Last week, lawmakers ratified a bill that will establish a minimum motor fuels tax rate, which will be effective for two years (SB 200). From July 1, 2009 through June 30, 2011, the gasoline tax will go no lower than 29.9 cents per gallon. Fiscal analysts at the General Assembly have projected that establishing this floor on the gas tax could generate approximately $67.5 million in new revenue for the coming fiscal year. The extra revenue would be utilized for highway and bridge projects across the state. The bill was signed into law by Gov. Perdue this Tuesday, June 16, 2009.

_An act to reduce plastic and non-recycled paper bag used on North Carolina’s Outer Banks has passed both bodies of the legislature (SB 1018). Under the law, no retailer shall provide customers with plastic bags unless the bag is reusable or used for some unpackaged items. The legislation would also restrict the substitution of paper bags for plastic bags. Paper bags could only be substituted for plastic if the bag is a recycled paper bag, or if the retailer offers certain specified incentives to customers who uses the their own reusable bags instead of the bags provided by the retailer. The bill now returns to the Senate for concurrence.

_A portion of U.S. Highway 17 and U.S. Highway 70 will be designated as “The U.S. Marine Corps Highway: Home of the Carolina-Based Marines since 1941” under a bill that has been ratified by the General Assembly (HB 1021). The bill now goes to Gov. Perdue to be signed into law.

_History and Geography curricula in public schools would be modified under a bill that has passed both bodies of the legislature (HB 1032). The legislation would amend middle school curriculum to require a one-year course on North Carolina history with United States history integrated into the instruction, instead of a course with a focus on national history with state history integrated into it. After the bill is ratified, it will go to Gov. Perdue to be signed into law.

_The ban on texting while driving has been ratified by the General Assembly (HB 9). The intent of the legislation is to improve safety on North Carolina’s roads and highways. Once effective, violators of the law would face the penalty of a $100 fine plus court costs. The bill has now gone to Gov. Perdue to be signed into law.

Notes

_On Thursday, members of the House officially honored the life and memory of William Oliver Swofford, American pop singer and native son of North Carolina, with a joint resolution (HB 1653). Oliver was a world-renowned musician who died on February 12, 2000, at the age of 54, in Shreveport, Louisiana.

_In the past two weeks, three new members have been sworn into the North Carolina House of Representatives. Rep. Rosa Gill of Wake County replaced former Rep. Dan Blue, who left the House to fill the Senate seat vacated by the late Sen. Vernon Malone. Rep. Frank Iler of Brunswick County and Rep. Dan W. Ingle of Alamance County, replace former Rep. Bonner Stiller and former Rep. Cary Allred, respectively. Both Stiller and Allred resigned from the General Assembly.

Please remember that you can listen to each day’s session, committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select "audio," and then make your selection – House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. June 15, 2009

2009-06-15T11:45:00.002-04:00

In the past year, as the global economic crisis that has gripped the world finally reached North Carolina, tax collections in our state slowed significantly. The most recent projections show that our revenue this year will be about $4.6 billion short of expectations. At least 34 other states will also have smaller budgets in the year ahead, and the revenue picture is expected to worsen in many places.

Faced with this crisis, we have scoured our budget looking for efficiencies, outdated programs and ways to save limited resources. We ended up with a proposal that eliminated about $3.7 billion in spending – the largest budget reduction in the history of our state – and made difficult choices to do away with some needed programs and services that we can’t afford. We worked hard to protect as much of our investment in education as we could without devastating other areas of our budget. We also added new taxes and some fees so that we could retain those services that we – and you – hold most dear. Our proposed $785 million revenue package would allow the state to:

_ Protect class sizes, teacher pay and prevent some teacher layoffs

_ Restore 2,590 K-3 teacher jobs and about 600 UNC system jobs.

_ Restore about 350 school counselor and social work jobs and about 350 principal and assistant principal jobs.

_ Restore community college jobs

_ Restore money for students at risk of dropping out of school

_ Restores money for low-wealth counties

_ Minimize program cuts and layoffs in our nationally renowned Smart Start early childhood program

_ Restore cuts to Medicaid program, which provides health care to an increasing number of our residents

_ Restore funding to some community-based mental health programs and other services for the mentally disabled

_ Restore Medicaid physical therapy, occupational therapy, and speech therapy programs

_ Restores cut to basic support care services for vocational rehabilitation, and restore funding for independent living programs in vocational rehabilitation

_ Restore funding for 179 jobs in the state courts and for 155 Victim Witness Legal Assistants

_ Partial restoration of operating reserves for the Department of Environment and Natural Resources, the Department of Agriculture, the Department of Commerce and the Department of Labor

Even with this revenue increase, we rely heavily on cuts to balance this budget. For every $1 in proposed new revenues, we have recommended about $3 in cuts.

The information below highlights the proposed two-year budget being considered by the House. These numbers do not reflect any of the proposed restorations, which will not receive a final vote until Saturday. We will then negotiate the differences in our plan with the Senate before presenting a final proposal to Gov. Perdue for her signature.

I hope you will contact me if you have questions, or if I can be of service. Thank you as always for your support and your interest in our state.

Economy and Jobs

_ Workforce Investment Act (WIA) ARRA Funds ($79.8 million):
Would appropriate federal American Recovery and Reinvestment Act (ARRA) funds for workforce development as follows:
_ Local Workforce Development Boards: $56.7m
_ State Administration: $ 1.5m
_ Statewide Projects: $ 8.1m
_ North Carolina Community College System 12 and 6 Program: $13.5m

_ Regional Economic Development Partnerships ($5 million):
Would transfer $5 million from the cash balances remaining in various fund codes within the Department of Commerce that are being transferred to the General Fund

_ Commerce Boards and Commissions:
Would move $69 million in funds for Utilities Commission, State Banking Commission, ABC Commission, ABC Warehouse and several other groups from independent control to General Fund. The move creates more accountability for these programs and frees up money for other programs within the Natural and Economic Resources budget area.

_ Financial Assistance Funding (-$2 million)
Reduces funding for financial assistance within the Ag Cost Share program

Education

_ Teacher Pay:
Teacher pay alone comprises 32.4 percent of our total budget. Despite this large percentage, we were able to hold teacher pay steady in a very difficult year.

_ Enrollment Growth ($157 million):
Would fully fund enrollment growth as the community colleges deal with increasing enrollment and demand for worker training programs. According to the 2008-09 spring semester census, enrollment has increased by 15,259 full-time equivalents (or FTEs) above the 2008-09 budgeted enrollment of 201,625. This is a 7.6% increase and brings 2009-10 budgeted enrollment to 216,884.

_ UNC Need-Based Aid ($47 million):
Would increase the UNC Need-Based Student Financial Aid Program to accommodate growth in eligible students and hold current recipients harmless from increased costs. There is $116.4 million appropriated from the Escheats Fund for the program.

_ Resident Status for Nonresident Students ($28 million):
Would save $28 million by repealing the resident status granted in 2005 to nonresident students on full scholarships. Campuses will no longer be reimbursed for this tuition discount.

_ Dropout Prevention ($26 million):
Would continue a House initiative to provide small grants to community-based dropout prevention programs across the state. To date, about 140 programs have received grants through the program.

_ Increase Class Size (-$786 million)
Would decrease funding for the Classroom Teachers allotment consistent with increasing the student-to-teacher funding allotment ratio currently set by the State Board of Education for each grade by 2 in FY 2009-10 and by 3 in FY 2010-11

_ At-Risk Student Services (-$120 million):
Allotment would be reduced by about 31% in FY 2009-10 and 22% in FY 2010-11 from the continuation budget levels of $226.6 million in FY 2009-10 and $228.0 million in FY 2010-11.

_ Teacher Assistants (-$260 million):
Would eliminate funding for Teacher Assistants (TAs) serving students in Grade 3 at North Carolina public schools. Funds will be allotted on the basis of ADM in grades K-2. LEAs may continue to place TAs in grade 3 classrooms if they so choose.

_ Public School Transportation (-$60 million):
Would reduce funding for the allotment, which supports the salaries of transportation personnel as well as the maintenance of yellow buses, by approximately 15% in both years of the biennium

_ Literacy Coaches in Public Schools (-$24 million):
Would eliminate funding for all 200 Literacy Coaches

_ More at Four (-$20 million):
Would reduce General Fund support for More at Four by 11.6%. The Office of School Readiness shall use the average FY 2008-09 average reimbursement rate of $5,000 per slot in allocating funding. The FY 2009-10 continuation budget includes $86 million in General Fund and $84.6 million in Lottery support for this program. A related provision, includes More at Four amongst a list of programs to be examined for consolidation in one entity solely responsible for early childhood programs, beginning in FY 2010-11.

_ Community College Tuition Increase (-$61 million):
Would increase curriculum tuition by $8 per credit hour, from $42 to $50. Tuition for full-time students will increase by a maximum of $256 per year, from $1,344 to $1,600.

_ UNC System Tuition Increase (-$69.5 million):
Would increase annual tuition by the lesser of $200 or 8% at all UNC institutions in FY 2009-10. This tuition increase is applied to both resident and nonresident students at the undergraduate and graduate levels.

_ Resident Status for Nonresident Students in the UNC System (-$28 million):
Would repeal the resident status granted in 2005 to nonresident students on full scholarships. Campuses will no longer be reimbursed for this tuition discount.

_ Aid to UNC Hospitals (-$20 million):
Would reduce the $46 million annual appropriation to UNC Hospitals by $10 million

Health

_ Medicaid Swap With Counties ($519 million):
State continues with plan to take on Medicaid costs once paid by counties, freeing up money in those communities for other local needs, such as education. Under the plan, every county would be able to count on at least $500,000 in additional revenue.

_ Medicaid Growth ($408 million):
Adjusts budget to allow for Medicaid caseload growth.

_ Consolidate Case Management Services ($139 million):
Would save $324 million by consolidating case management services throughout the Medicaid program and using greater case management by Community Care of North Carolina.

_ Implement a Preferred Drug List ($90 million):
Would save $90 million by implementing a preferred drug list

_ Provider Rate Reductions (-$310 million)
Would reduce Medicaid provider rates by 5.5% in FY 2010 and 6% in FY 2011. Applies to all public and private providers except for federally qualified health centers, rural health centers, school-based and school linked health centers, State institutions, hospital outpatient, pharmacy, and the non-inflationary components of the case-mix reimbursement system for skilled nursing facilities.

Transportation

_ Secondary Road Improvement Funds Reprogrammed to Maintenance ($126 million):
All FY 2009-10 funding and half of the FY 2010-11 funding for the secondary roads improvement program from the Highway Fund is reprogrammed to statewide maintenance programs to prevent further deterioration of the state highway system due to reduced transportation revenues and maintenance expenditures.

_ Intrastate System (-$168 million):
Reduces funds for the Intrastate System to $359,883,973 for FY 2009-10 consistent with new revenue estimates and statutory formula

_ Urban Loops (-$68 million):
Reduces funds for the Urban Loops to $113,674,786 for FY 2009-10 ($34,597,070 NR) ($33,276,334 NR) consistent with new revenue estimates and statutory formula

_ Public Transportation Funds (-$42 million):
Funding to the New Starts program is reduced. The total budget for the Public Transportation Division is $74,647,962 in FY 2009-10 and $75,493,962 in FY 2010-11.

_ Small Construction Funds (-$28 million):
Funds for small construction are reduced to align overall expenditures for the Highway Fund with projected revenues for the 2009-11 biennium. The total budget for small construction is $7,000,000 in both years of the biennium.

_ Contingency Funds (-$6 million):
Funds for contingency construction are reduced to align overall expenditures for the Highway Fund with projected revenues for the 2009-11 biennium. The total budget for contingency construction is $12,000,000 in both years of the biennium.

Energy and Environment

_ Farmland Preservation Trust ($2 million):
Transfers $2 million from the cash balances remaining in various fund codes within the Department of Commerce that are being transferred to the General Fund.

_ Clean Water SRF ARRA Funding ($70.7 million):
Appropriates federal American Recovery and Reinvestment Act funds to the Division of Water Quality for the Clean Water State Revolving Loan Fund.

_ Drinking Water SRF ARRA Funding ($65.6 million):
Appropriates federal American Recovery and Reinvestment Act funds to the Division of Environmental Health for the Drinking Water State Revolving Loan Fund.

_ Leaking Underground Storage Tanks ARRA Funding ($7.5 million):
Appropriates federal American Recovery and Reinvestment Act funds to the Division of Waste Management for the Commercial Leaking Underground Storage Tank program.

_ Oyster Reef Program (-$2 million):
Reduces funding for the Oyster Reef program by 50%, leaving $1,000,000 to continue the program.

_ Financial Assistance Funding (-$2 million):
Reduces funding for financial assistance within the Ag Cost Share program.

_ Neuse River Rapid Response Team (-$203,000)
Reduces funding for the Neuse River Rapid Response Team and eliminates two positions.

Justice and Public Safety

_ Close Eight Prisons (-$32.7 million)
We propose closing eight prisons in the 2009-10 fiscal year:

_ McCain Correctional Hospital will close on April 1, 2010. To maintain services associated with McCain, Hoke (April 1) and Odom (February 1) Correctional Institutions will be converted from medium custody to minimum, eliminating 155 positions. Additionally, Nash (October 1) and Pamlico (March 1) Correctional Institutions, both medium custody, will be double-celled with 99 additional positions.

_ Umstead Correctional Center will close Oct. 1 and Guilford Correctional Center will close Nov. 1, with a position reduction of 95. Lincoln Correctional will be converted to minimum custody on Sept. 1, and Warren Correctional will be double-celled for medium custody inmates on Nov. 1. Lincoln will lose 28 positions and Warren will gain 18.

_ The Wilmington Residential Facility for Women will close Sept. 1. The reduction for Wilmington is reduced by $168,740 in the first year of the biennium to allow for 10 additional contractual beds at the Center for Community Transitions in Charlotte.

_ Gates and Union Correctional Centers will close Oct. 1 and Haywood Correctional Center will close on March 1 with a total position reduction of 112.

_ Cleveland Correctional Center will close Dec. 1 with a reduction in positions of 50. Craven Correctional Institution will be double-celled effective Dec. 1 with a position increase of 7.

Notes
House Speaker Joe Hackney and Senate President Pro Tem Marc Basnight reaffirmed their support for the military this week by meeting with members of the National Guard and Reserve. The chamber leaders then each signed a resolution agreeing to work with reservists and Guard members who are deployed. Several staff members of the General Assembly and two representatives are active reservists.
Please remember that you can listen to each day’s session, committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select "audio," and then make your selection – House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.

From the Office of Representative Jimmy L. Love, Sr. June 4, 2009

2009-06-06T14:42:00.001-04:00

Much of the energy at the General Assembly this week has been focused on preparing the final version of the House’s proposed budget.

Our budget subcommittees are crafting their final budgets to submit to the full Appropriations Committee. After the bill is voted upon by the full committee, it will go the House floor for additional debate, and a final proposal could be approved as early as next week. A conference committee comprised of members of the House and Senate will then negotiate a final version of the budget to submit to the governor.

This budget will contain little good news, as I’ve warned for several months now. The global economic downturn has reached North Carolina and our tax revenue is down about 20 percent from last year. We will have to cut all areas of our budget to meet this smaller revenue target. Education, particularly our community colleges, will get smaller cuts, but still must be trimmed in this environment.

I regret it, but until our economy recovers, we will have to reduce services.

Thank you as always for your interest in state government. I have included some information below to update you about the progress of several pieces of proposed legislation. I hope you will be in touch if I can be of any assistance.

Justice

_Lawyers representing death row inmates may be permitted to meet with their clients on the same day that the court rules on the inmate’s appeal under a House bill that has passed the Senate. The proposal (HB 1037) helps ensure that death row inmates hear the court’s decision from their own lawyer, rather than from another source. The bill now goes to the governor to be signed into law.

_The state would be required to collect, maintain and publish statistics on the use of deadly force by law enforcement that results in death under a bill that has been approved by the Senate (HB 266).

Elections

_The Secretary of State would be required to notify potential candidates and political parties to remind them of the state law that prohibits an individual from holding two elected offices at once. The bill (HB 170) has now been approved by both bodies of the legislature and will go to the governor’s desk for a signature.

_ A bill that would make it unlawful for a school board member to willfully fail to discharge the duties of office has been approved by the Senate. House Bill 43, “School Board Members/Failure to Discharge Duty,” allows school board members who fail to discharge their duties to be charged with a Class 1 misdemeanor. They would be subject to removal from office by the court as a part of the punishment for the offense.

Health

_The Department of Health and Human Services would be directed to work with the Division of Medical Assistance, the Division of Aging and Adult Services, the University of North Carolina and East Carolina University Schools of Dentistry, the North Carolina Dental Society, and current special care dental providers to examine dental care options for special care populations under a bill that passed the House this week (SB 188). The intent of the legislation is to improve the availability of dental services for special care populations.

_Senate lawmakers have approved legislation regarding unemployment insurance compensation for certain severely disabled veterans who have been discharged due to a service-connected disability (HB 1124). If enacted, severely injured veterans could receive unemployment benefits if they lose their jobs because of a disability incurred or aggravated during active military service or because of absences from work to obtain care and treatment for the disabilities.

Miscellaneous

_Youth employment protections would be enhanced by requiring the Commissioner of Labor to report on youth employment enforcement activities under a House bill that passed the Senate this week (HB 22). The objective of the legislation is to enhance the safety of children in the workplace by making more information available on workplace violations.

Please remember that you can listen to each day’s session, committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select “audio,” and then make your selection – House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.

Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. May 28, 2009

2009-05-31T18:04:00.001-04:00

This week, House lawmakers continued the difficult task of writing North Carolina’s budget for the coming fiscal year. In an attempt to shore up our state’s expected $4 billion shortfall, House members are considering a number of money-saving measures. It is challenging to decide where and how to save money, but these hard decisions are unavoidable if we are to meet our Constitutional duty to balance the budget in the face of a 20 percent drop in revenues.

Many important, effective and popular programs are going to be eliminated or severely cut back as we refine our budget over the next few weeks. At the same time, we may have to increase some fees.

These budget saving measures may be painful in the short term, but they are necessary if we are to protect programs and services that enable us to provide a quality education at all levels, meet the health needs of our most vulnerable persons, maintain and cultivate jobs, and keep us safe in our homes, neighborhoods and schools.

We are trying to spur the economy when we can and protect people’s investments in their homes. This week, we approved several bills that could help the state attract new investment and new building. I have included some information about those bills below.

I hope you will contact me if you have questions, or if I can be of service. Thank you as always for your support and your interest in our state.

Economy

_ The House approved a bill this week that may help North Carolina bring in a new company that would be required to invest $1 billion. The bill (SB 575) changes the way corporate income tax liability is calculated for multi-state taxpayers by considering only the company’s sales in the state when determining their tax bills. The existing formula also accounts for companies’ property holdings and payroll. The change applies only to companies that invest $1 billion or more over a nine-year period. No company in the state currently qualifies for the incentive. The proposal also requires companies to locate in one of the state's poorest counties, provide health insurance, meet a wage standard, and forego other state grants or tax breaks before they can qualify for the incentive.

_Counties and municipalities in North Carolina would be authorized to provide development incentives in exchange for reductions in energy consumption under a bill that passed the House this week (SB 52). More specifically, counties and municipalities would be able to grant incentives to a developer or builder if they agree to construct a new development or reconstruct an existing development in a way that significantly reduces energy consumption.

_The State Treasurer’s office would be given more flexibility to increase investment income and better manage risk under a bill that passed the House this week (SB 703). The bill would allow the treasurer to invest up to 5 percent of the state’s portfolio in commodities such as timber, real estate and treasury inflation protected securities, or TIPS. The bill does not allow investments in derivatives or other risky assets.

Notes

_On Wednesday, members of the House officially honored the 100th anniversary of the High Point Furniture Market and the memory of its founders (HJR 1538). On March 1, 1909, the first Southern Furniture Market opened in High Point to showcase the products of High Point and North Carolina furniture manufacturers. This first High Point Furniture Market was the culmination of efforts by regional furniture producers and High Point civic leaders, including J.J. Farris, Charles F. Long, and D. Ralph Parker.

_ Miss USA, Kristen Dalton, visited Raleigh this week to address members of the General Assembly. The reigning beauty queen is from Wilmington, and is a student at East Carolina University.
Please remember that you can listen to each day’s session, committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select "audio," and then make your selection – House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.

Prepared with the assistance of the Speaker’s Office of Communications