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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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