The Raleigh Report
From the Office of Representative Jimmy L. Love, Sr.
May 15, 2009
The past two weeks in Raleigh have been extraordinarily busy as we approached the legislative “crossover” deadline. The deadline requires that all bills unrelated to spending or the budget pass out of at least one chamber or not be eligible during this biennium.
Our hard work this week has paid off, as we have made significant progress on legislation that I believe makes our state a better place to live. Among other things, we have passed legislation to protect homeowners and to add transparency to government and campaign financing. The following information highlights some other bills of interest that passed the House this week.
As always, I welcome your comments and suggestions, and I hope that you will contact me if I can be of any assistance. Thank you for taking an interest in state government.
Health
_A bill that would prohibit smoking in bars and restaurants passed both the House and the Senate this week (HB 2). The intent of the legislation is to protect North Carolinians from the harm of secondhand smoke. The bill now goes to the governor to be signed into law.
Education
_ Proposed legislation would direct the State Board of Education to study the length of school lunch periods to determine whether students have adequate time to eat. The bill (HB 1470) passed the House last week and is now in the Senate.
_Educators could intervene sooner to help at-risk students through plans intended to improve their school performance under a bill that has passed the House. Existing law allows personal education plans to be developed based on students’ performance on end-of-grade tests. A proposed bill (HB 804) 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 bill now goes to the Senate.
_The State Board of Education would be directed to develop or identify academically rigorous honors-level high school courses in healthful living under a bill that passed the House last week (HB 901). The bill is now in the Senate.
_A bill that would change the school starting date for students passed the House this week (HB 593). The legislation would require local boards of education to conduct a public hearing before determining the opening and closing dates for North Carolina public schools. The bill is now in the Senate.
_The Board of Governors at the University of North Carolina, in conjunction with the Department of Public Instruction and the North Carolina Independent Colleges and Universities, may be asked to study increasing the compulsory school attendance age. Proposed legislation (HB 188) would change the compulsory attendance age from 16 to 17 or 18 if a student hasn’t already received a high-school diploma. The Senate will consider the bill next.
_The high school graduation project would no longer be required under a bill that passed the House this week (HB 223). The legislation, introduced by Representative Love, would direct the Program Evaluation Division of the General Assembly to study the cost and effectiveness of requiring a high school graduation project. This legislation now goes to the Senate.
_The cap on the number of charter schools in the state would be increased from 100 to 106 under a bill that passed the House this week (HB 856). If enacted, the legislation would also direct the State Board of Education to develop a process of oversight to enable a timely response to inadequate school performance. The bill is now in the Senate.
_ Legislation to allow voter preregistration for qualified 16- and 17-year-olds and to encourage local boards of education to promote registration and preregistration of students (HB 1260) has passed the House. The legislation would also expand instruction on the importance of voting in the high school social studies curriculum. The bill is now in the Senate.
Protecting Homeowners
_ 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 bill that passed the House this week (HB 806). The bill is now in the Senate.
_North Carolinians who have been victimized by predatory mortgage lenders would be helped under a bill that passed the House this week (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, now pending in the Senate, would give the Commissioner of Banks broad authority to enforce this law.
Crime/Justice
_Storing and preserving DNA and biological evidence related to a crime would be the responsibility of the law enforcement agency investigating the offense under a bill that passed the House this week (HB 1190). Under existing law, clerks of court are responsible for storing such evidence, but bill supporters argue that law enforcement is better equipped for the job. The bill is now in the Senate.
_The state would be required to collect, maintain and publish statistics on the use of deadly force by law enforcement that results in death under a bill that passed the House this week (HB 266). The bill is now in the Senate.
_Taking indecent liberties with a student would be added to the list of sex offenses that require registration under the sex offender and public protection registration program under a bill that passed the House this week (HB 209). The bill is now in the Senate.
_Leaving a child unattended in a motor vehicle would be made unlawful under a bill that passed the House this week (HB 827). The law would apply to children under the age of nine. The bill is now in the Senate.
Campaign Financing
_The threshold for reporting campaign contributions would be lowered to $500 under a bill that passed the House this week (HB 388). Existing law exempts candidates who raise less than $3,000 from having to submit detailed reports of contributions, loans and expenditures. The intent of the legislation is to provide more information about how candidates raise and spend their money. The bill is now in the Senate.
_Candidates for political office could market legal services or promote other commercial activities not connected to their political campaigns without being subject to additional campaign reporting under a bill that passed the House last week (HB 1048). The bill would allow candidates to be mentioned in mailers and TV ads for their businesses, aligning North Carolina’s law more closely with the US Supreme Court decision on nonpolitical communications. The bill is now in the Senate.
_ Political candidates would not be able to accept campaign donations from a company or officers of companies that have active contracts with the state under a bill that passed the House this week (HB 961). The intent of the so-called Pay to Play legislation is to prevent possible conflicts of interest by candidates and state contractors. The Senate will consider the bill next.
Improving Government
_The state Department of Administration (DOA) would be directed to consider the fuel economy of state vehicles under a bill that passed the House last week (HB 1079). Existing law does 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. DOA would be directed to submit a report outlining the quantity and cost of fuel saved. The bill is now in the Senate.
_The authority of the Division of Emergency Management would be expanded under a bill that passed the House last week (HB 381). The bill, which is now in the Senate, would give the division the ability to administer grant money and to serve as the lead state agency for hazard risk management.
_An act to clarify that a Silver Alert may be issued for a person of any age passed the House this week (H1129). The Silver Alert System is a statewide system used to notify people about missing persons believed to be suffering from dementia or other cognitive impairments. The bill is now in the Senate
_Legislation that improve North Carolina’s absentee voting laws passed the House last week (HB 614). The Senate will now take up the bill, which is specifically intended to improve the ability of military and overseas voters to cast timely ballots.
_Certain executive branch employees would be prohibited from registering as lobbyists for six months after leaving employment with the state under a bill that passed the House this week (HB 1136). The bill is now in the Senate.
_State and local governments would be encouraged to use military veteran contractors under a bill that passed the House this week (HB 912). The bill is now in the Senate.
_ More local mental health agencies would be required to report how they are spending money twice a year under a bill that passed the House this week (HB 672). The intent of the legislation is to require more transparency and accountability for state-funded mental health providers. The bill is now in the Senate.
Miscellaneous
_Legislation that is meant to restore the quality of water in North Carolina’s Jordan Reservoir passed the House this week (HB 239). If enacted, the legislation would provide for improvements in the management of the Jordan Watershed. Jordan Lake is an important drinking water source for many Triangle-area communities. The bill is now in the Senate.
_A bill that passed the House this week would prohibit mercury in unlined landfills, and would require state agencies, including community colleges and public universities, to recycle lights and thermostats containing mercury (HB 1287). If enacted, the legislation would also require the removal of products containing mercury from buildings prior to demolition. The Senate will consider the bill next.
_The North Carolina State Lottery would be prohibited from selling lottery tickets at businesses that primarily exist to cash checks or money orders under a bill that passed the House this week (HB 1289).
_Children in North Carolina would be further protected from cyber bullying under a bill that passed the House this week (HB 1261). If enacted, the legislation would make cyber bullying a criminal offense punishable as a Class 1 Misdemeanor. The bill is now in the Senate.
Notes
_On Wednesday, Veterans from across the state came to Raleigh to talk to lawmakers about their legislative priorities this session.
Prepared with the assistance of the Speaker’s Office of Communications