The General Assembly moved closer to a final budget deal this week, but is now weighing a request from Gov. Perdue to change some elements of the proposed tax package. Legislators will continue to work on a plan that best spreads around the costs of protecting education and health and human services
As the legislative session heads toward its conclusion, we moved a number of important pieces of legislation through the House. We have approved reforms to our state’s 50 year old annexation law and have improved upon laws related to crime and public safety. We have also worked to pass legislation that will help improve our state’s energy efficiency and move North Carolina toward a sustainable, green economy.
I hope you will contact me if you have questions, or if I can be of service. Thank you for your support and your interest in our state.
Crime
_State lawmakers have amended the law regarding trafficking in methamphetamine and amphetamine to clarify that the charge of trafficking is based on the weight of the entire powder or liquid mixture, rather than the weight of the actual amount of the controlled substance in the powder or liquid mixture (SB 1091). The intent of the bill is to strengthen the state’s drug laws. The bill will now return to the Senate for a concurrence motion.
_A bill to clarify procedures in civil actions for alienation of affection and criminal conversation has been ratified by the General Assembly (HB 1110). Under the legislation, a defendant would no longer be liable in an alienation of affection or criminal conversation suit if the action were to occur after the plaintiff and the plaintiff's spouse had physically separated with the intent of either the plaintiff or plaintiff's spouse that the physical separation remain permanent. The bill also clarifies that an action for alienation of affection or criminal conversation shall not be commenced more than three years from the last act of the defendant giving rise to the cause of action. The bill will now be presented to Gov. Perdue to be signed into law.
Safety
_We have ratified legislation to clarify domestic violence laws to mandate that when a law enforcement officer shall arrest a person who has knowingly violated a valid protective order, despite the 2006 holding by the NC Court of Appeals in Cockerham-Ellerbee vs. the Town of Jonesville (HB 1464). The bill will now be presented to Gov. Perdue to be signed into law.
_The General Assembly has ratified a bill that would amend the procedure for obtaining a domestic violence protective order or civil no-contact order and clarify the enforcement and application of a penalty enhancement if a defendant commits an offense while under a domestic violence protective order (HB 115). The legislation would also support a statewide domestic violence protective order notification system and investigate the costs of implementing such a system. In addition, the bill would direct the appropriate entities to study state oversight and coordination of services for victims of sexual violence. The bill will now be presented to Gov. Perdue to be signed into law.
_A bill that would ensure that acts of violence in schools are reported to the local superintendent or the superintendent’s designee has passed both bodies of the Legislature (HB 1078). If enacted, the legislation would also require local boards of education to adopt a policy on notification to the parents or legal guardians of students alleged to be victims of any act required to be reported to law enforcement and the superintendent. The bill will now be sent to Gov. Perdue to be signed into law.
_An act to statutorily establish the Division of Emergency Management within the Department of Crime Control and Public Safety has been ratified by the General Assembly and sent to Gov. Perdue to be signed into law (HB 378). Previously the department only had authority granted through executive orders issued by the governor.
Annexation
_ House lawmakers have approved reforms to the state’s 50-year-old annexation law (HB 524). The legislation addresses the issue of how cities and towns expand into adjoining areas through the annexation of property. If enacted, North Carolina’s annexation law would now give residents of a community the opportunity to vote on whether they wish to be annexed by an adjoining town or city. In order for there to be a referendum, opponents of annexation must collect signatures from 15 percent of voters in the city and the area to be annexed. The bill will now go to the Senate for further consideration.
Energy/Environment
_The sunset for the credit for investing in renewable energy property would be extended under a bill that passed the House this week (HB 512). The credit was originally set to sunset on January 1, 2011, but it would now be extended to January 1, 2016. The intent of the credit is to offer an incentive to encourage property owners to invest in renewable energy property in North Carolina. The bill will now go to the Senate for further consideration.
_Certain North Carolina dams used in connection with electric generating facilities would be subject to the Dam Safety Act under a bill that has been ratified by the General Assembly (SB 1004). The legislation would allow the Department of Environmental and Natural Resources (DENR) to inspect the structural soundness of coal ash dams. Under current law, utility companies submit their own engineering reports to the state Utilities Commission and are not subject to inspection by an outside entity. Giving DENR the capability to inspect these facilities is important because North Carolina has 12 of the 44 most hazardous coal ash ponds in the US according to the EPA. The bill would also permit an electric public utility that purchases or constructs a carbon offset facility to retain the fuel and fuel-related cost savings resulting from the purchase or construction of the facility, under certain conditions. Another provision in the bill would make it easier for Progress Energy to comply with its requirements under the Clean Smokestacks Act by switching to natural gas rather than putting the same amount of money into scrubbing coal. Natural gas is far cleaner and more efficient. The bill will now be presented to Gov. Perdue to be signed into law.
Miscellaneous
_The Disabled Veteran Property Tax Homestead Exclusion would be increased under a bill that passed the House this week (HB 594). The law applies to a permanent residence owned and occupied by an owner who is a North Carolina resident and who is an honorably discharged disabled veteran or the unmarried surviving spouse of an honorably discharged disabled veteran. Under current law, the first $45,000 of the appraised value of such a residence is excluded from taxation. This new law would increase that amount to $65,000. The bill will now go to the Senate for further consideration.
_Legislation that would require health benefit plans and the State Health Plan to cover hearing aids and replacement hearing aids was approved in the House this week (HB 589). If enacted, the legislation would require every health benefit plan, including the State Health Plan for Teachers and State Employees, to provide coverage for one hearing aid per hearing-impaired ear, up to $2,500 per hearing aid, every 36 months for covered individuals under the age of 22 years. The bill will now go to the Senate for further consideration.
_State lawmakers have passed a bill that will help North Carolina start making preparations for the impact of aging baby boomers on our state (SB 195). The legislation would direct the University of North Carolina Institute on Aging and the Division of Aging and Adult Services within the Department of Health and Human Services to take a leadership role in helping our state prepare for increased numbers of older adults. The bill will now be sent to Gov. Perdue to be signed into law.
_State lawmakers have passed legislation that would allow the Department of Transportation (NC DOT) to help fund fixed rail projects that do not receive federal funds (HB 1005). Under the bill, state funds could also be used to pay administrative costs incurred by NC DOT while participating in such fixed guideway projects. The bill will now be presented to Gov. Perdue to be signed into law.
Please remember that you can listen to each day’s session, committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select "Audio," and then make your selection – House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.
Prepared with the assistance of the Speaker’s Office of Communications
From the Office of Representative Jimmy L. Love, Sr. July 16, 2009
This week, the General Assembly busily discussed a number of matters of great importance to this state. As our session nears its close, the House approved legislation to improve the state’s justice system, strengthen the state’s coastal insurance coverage and make our open meeting and public record laws stronger. We also approved a number of measures to make our state a better place for children.
We continue to work with our Senate counterparts to refine the state’s budget plan for the next two years. As you know, this has been the most challenging budget we’ve faced in several decades. The gap between our anticipated budget and projected revenue is more than $4 billion. Money from the federal government and expected tax revenue increases will cover about half the gap. We will make up the other half of the shortfall – more than $2 billion – with cuts in state programs.
I am including information below about some of the legislation taken up in the House this week. I hope you will contact me if you have questions, or if I can be of service. Thank you as always for your support and your interest in our state.
Improving Government
_The “Open Government Act” has passed the House, and is headed to the Senate (HB 1134). The legislation creates the Open Government Unit of the Department of Justice, which would serve as a moderator or mediator in resolving public records and open meetings issues between parties. The Open Government Unit is designed to further the goal of transparency in government and the principle that public records are the property of the people. Among other things, the legislation would provide that the successful plaintiff in a public records dispute is entitled to reasonable attorney’s fees.
_The state’s 2005 Anti-Identity Theft Protection Laws would be expanded under a bill that has passed both bodies of the Legislature (SB 1017). If enacted, consumers in North Carolina could be issued a security freeze on their credit at no cost. The bill would do a number of other things as well, including authorizing certain court officials to remove Social Security numbers from documents on their Web sites and compelling businesses and government agencies to report all security breaches to the Attorney General’s office, instead of just those that affect more than 1,000 people. The bill will now go to Gov. Perdue to be signed into law.
_State lawmakers have ratified legislation that is meant to increase child support collections (SB 817) by increasing the penalty for failing to pay. The legislation provides that a person who commits criminal contempt by failing to comply with an order to pay child support is subject to censure, imprisonment up to 30 days, a fine not to exceed $500, or any combination of the three. It would also permit the imposition of a sentence of up to 120 days for a single act of criminal contempt for failure to pay child support, provided the sentence is suspended upon conditions reasonably related to the contemnor’s payment of child support. The bill will now go to Gov. Perdue to be signed into law.
Insurance
_House lawmakers have approved legislation that makes improving changes to the state’s Coastal Property Insurance Pool (CPIP), presently known as the Beach Plan (HB 1305). Under the existing system, the potential liability of the insurance companies that participate in the state’s coastal plan is unlimited. Proponents of the bill claim that action needs to be taken promptly since the liability of the plan has tripled over the past 10 years to almost $74 billion. This unlimited liability could lead insurers to pull out of the state, resulting in reduced competition and higher rates. Among other things, the bill would decrease the maximum coverage limit per home from $1.5 million to $750,000 and cap the amount of money that private insurance companies who participate in the plan are liable for at $1 billion. Homeowners outside of the 18 coastal counties that participate in plan could be asked to pay up to 10 percent more a year only if storm damage in a season exceeded $3 billion. The most the plan has ever paid out in claims in a previous year is $150 million. The bill will now go to the Senate for further consideration.
_There would be more transparency in health plan provider contracts under a bill that has been ratified by the General Assembly (SB 877). If enacted, the legislation would require that the main body of the contract include provisions of the state law which materially affect the business relationship between physicians and health plans, as identified by the Commissioner of Insurance. The bill will now go to Gov. Perdue to be signed into law.
Justice
_The North Carolina Racial Justice Act passed the House this week (SB 461). The intent of the legislation is to provide fair and reliable imposition of capital sentences by prohibiting seeking or imposing the death penalty on the basis of race. The bill would establish a process by which relevant evidence could be used to establish that race was a significant factor in seeking or imposing the death penalty on a defendant. The bill would apply retroactively, which has opponents worried about delaying pending executions, clogging the already jam-packed court system, and the high costs of implementing the law. However, proponents of the legislation claim that passage of the bill is necessary to ensure that no person in this state is executed on the basis of race. The bill will now return to the Senate for a concurrence motion.
_Both bodies of the Legislature have passed a bill that would provide free forensic medical examinations for victims of rape and sexual offenses (HB 1342). Under existing law, hospitals bill insurers for the cost of the exams, leaving the victims responsible for a co-pay or portion of a deductible payment. The bill would increase from $7,500 to $12,500 the amount of a claim that the director of the Crime Victims Compensation Commission may award a victim without making a recommendation to the commission. The bill would also encourage victims to seek compensation for other medical expenses related to the rape or sexual offense from the Victims Compensation Program Fund. The bill will now go to Gov. Perdue to be signed into law.
_The Innocence Inquiry Commission could soon have the authority to compel people who have pertinent information about a court case to testify. The bill, which has passed both bodies of the Legislature, would also allow the head of the commission to grant limited immunity to the witness from prosecution for previous false statements made under oath in prior proceedings (HB 937). The bill will now go to Gov. Perdue to be signed into law.
Crime/Safety
_Lawyers representing inmates on death row may be permitted to meet with their clients on the same day that the court rules on the inmate’s appeal under a bill that has passed both bodies of the Legislature and been signed into law (HB 1037). The proposal helps ensure that death row inmates hear the court’s decision from their own lawyers, rather than from another source.
_The General Assembly has ratified legislation that would add large constricting snakes and crocodiles to a list of dangerous reptiles that are already regulated under current law (SB 307). If enacted, the law would begin regulating the handling, ownership and sale of large constricting snakes and crocodiles. Owners of these hazardous reptiles would also be required to alert the police should one of these animals escape. Passage of this legislation comes two weeks after a 2-year-old girl was strangled and killed by a Burmese python that escaped from its home terrarium in Florida. The bill has now been sent to Gov. Perdue to be signed into law.
_An act to provide certain magistrates with the authority to provide for the appointment of counsel to indigent persons when authorized by the chief district court judge has passed both bodies of the Legislature and is headed to Gov. Perdue to be signed into law (SB 514). The legislation limits the designation of this authority to magistrates who are duly licensed attorneys, and prohibits any magistrate from being given the authority to appoint counsel for first degree murder offenses or capital cases. Under the legislation, magistrates are also prohibited from accepting a waiver of counsel.
Protecting Children
_The fine for first-time violators of the state's child labor law would be doubled from $250 to $500 in a bill that has passed both bodies of the Legislature (HB 23). The legislation would also create a $1,000 penalty for additional violations. Under the bill, the NC Department of Labor would be authorized to fine a company up to $14,000 for workplace safety violations that injure a worker younger than 18, which is double the amount of the current maximum fine. There are regulations in place that bar young workers from performing a host of hazardous jobs, and this legislation is meant to act as a stronger deterrence against employer violations. The bill will now be sent to Gov. Perdue to be signed into law.
_A bill that establishes courtroom procedures for remote testimony by children has been approved by both bodies of the Legislature (HB 192). The legislation would allow judges to let children testify remotely if the court determined that testifying in front of the defendant would cause severe emotional distress or would harm the child’s ability to tell the truth. The bill will now be sent to Gov. Perdue to be signed into law.
Miscellaneous
_Occupational licensing boards could adopt rules to postpone or waive licensing conditions for people in the armed forces under a bill that passed the House this week (HB 1411). Under the bill, an individual who is serving in the US armed forces and is eligible for a time extension to file a tax return would be granted an extension of time to pay any license fee charged by an occupational licensing board. The extension is for the same period that would apply if the license fee were a tax. The bill will now go to the Senate for further consideration.
_The Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services will be directed to adopt rules providing for the licensure and accreditation of residential treatment facilities for persons with traumatic brain injury (TBI) under a bill that has passed both bodies of the Legislature (HB 1309). The legislation will now be sent to Gov. Perdue to be signed into law.
_The NC Division of Motor Vehicles would be allowed to refuse to register a vehicle if the vehicle is not in compliance with inspections requirements under a bill that has passed both bodies of the Legislature (HB 882). The bill will now go to Gov. Perdue to be signed into law.
Notes
_Members of the House officially honored the life and memory of former NC Governor Robert Walter “Bob” Scott with a joint resolution on Monday (SJR 182). During his term as governor, Scott led the effort to fund kindergarten education programs. He was also at the forefront of the move to unite all of the state's public colleges and universities into one body, creating The University of North Carolina System, and was instrumental in the reorganization of state departments and agencies to better serve the citizens of North Carolina. Scott passed away on January 23, 2009 at the age of 79.
_Monday night, members of the House and Senate participated in a joint session to confirm Gov. Perdue’s three appointees to the State Board of Education (HJR 364). The House and Senate unanimously approved the reappointment of Wayne McDevitt and Patricia Willoughby. Reginald Kenan of Duplin County was also unanimously approved for his first term on the board.
Please remember that you can listen to each day’s session, committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select "Audio," and then make your selection – House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.
Prepared with the assistance of the Speaker’s Office of Communications
We continue to work with our Senate counterparts to refine the state’s budget plan for the next two years. As you know, this has been the most challenging budget we’ve faced in several decades. The gap between our anticipated budget and projected revenue is more than $4 billion. Money from the federal government and expected tax revenue increases will cover about half the gap. We will make up the other half of the shortfall – more than $2 billion – with cuts in state programs.
I am including information below about some of the legislation taken up in the House this week. I hope you will contact me if you have questions, or if I can be of service. Thank you as always for your support and your interest in our state.
Improving Government
_The “Open Government Act” has passed the House, and is headed to the Senate (HB 1134). The legislation creates the Open Government Unit of the Department of Justice, which would serve as a moderator or mediator in resolving public records and open meetings issues between parties. The Open Government Unit is designed to further the goal of transparency in government and the principle that public records are the property of the people. Among other things, the legislation would provide that the successful plaintiff in a public records dispute is entitled to reasonable attorney’s fees.
_The state’s 2005 Anti-Identity Theft Protection Laws would be expanded under a bill that has passed both bodies of the Legislature (SB 1017). If enacted, consumers in North Carolina could be issued a security freeze on their credit at no cost. The bill would do a number of other things as well, including authorizing certain court officials to remove Social Security numbers from documents on their Web sites and compelling businesses and government agencies to report all security breaches to the Attorney General’s office, instead of just those that affect more than 1,000 people. The bill will now go to Gov. Perdue to be signed into law.
_State lawmakers have ratified legislation that is meant to increase child support collections (SB 817) by increasing the penalty for failing to pay. The legislation provides that a person who commits criminal contempt by failing to comply with an order to pay child support is subject to censure, imprisonment up to 30 days, a fine not to exceed $500, or any combination of the three. It would also permit the imposition of a sentence of up to 120 days for a single act of criminal contempt for failure to pay child support, provided the sentence is suspended upon conditions reasonably related to the contemnor’s payment of child support. The bill will now go to Gov. Perdue to be signed into law.
Insurance
_House lawmakers have approved legislation that makes improving changes to the state’s Coastal Property Insurance Pool (CPIP), presently known as the Beach Plan (HB 1305). Under the existing system, the potential liability of the insurance companies that participate in the state’s coastal plan is unlimited. Proponents of the bill claim that action needs to be taken promptly since the liability of the plan has tripled over the past 10 years to almost $74 billion. This unlimited liability could lead insurers to pull out of the state, resulting in reduced competition and higher rates. Among other things, the bill would decrease the maximum coverage limit per home from $1.5 million to $750,000 and cap the amount of money that private insurance companies who participate in the plan are liable for at $1 billion. Homeowners outside of the 18 coastal counties that participate in plan could be asked to pay up to 10 percent more a year only if storm damage in a season exceeded $3 billion. The most the plan has ever paid out in claims in a previous year is $150 million. The bill will now go to the Senate for further consideration.
_There would be more transparency in health plan provider contracts under a bill that has been ratified by the General Assembly (SB 877). If enacted, the legislation would require that the main body of the contract include provisions of the state law which materially affect the business relationship between physicians and health plans, as identified by the Commissioner of Insurance. The bill will now go to Gov. Perdue to be signed into law.
Justice
_The North Carolina Racial Justice Act passed the House this week (SB 461). The intent of the legislation is to provide fair and reliable imposition of capital sentences by prohibiting seeking or imposing the death penalty on the basis of race. The bill would establish a process by which relevant evidence could be used to establish that race was a significant factor in seeking or imposing the death penalty on a defendant. The bill would apply retroactively, which has opponents worried about delaying pending executions, clogging the already jam-packed court system, and the high costs of implementing the law. However, proponents of the legislation claim that passage of the bill is necessary to ensure that no person in this state is executed on the basis of race. The bill will now return to the Senate for a concurrence motion.
_Both bodies of the Legislature have passed a bill that would provide free forensic medical examinations for victims of rape and sexual offenses (HB 1342). Under existing law, hospitals bill insurers for the cost of the exams, leaving the victims responsible for a co-pay or portion of a deductible payment. The bill would increase from $7,500 to $12,500 the amount of a claim that the director of the Crime Victims Compensation Commission may award a victim without making a recommendation to the commission. The bill would also encourage victims to seek compensation for other medical expenses related to the rape or sexual offense from the Victims Compensation Program Fund. The bill will now go to Gov. Perdue to be signed into law.
_The Innocence Inquiry Commission could soon have the authority to compel people who have pertinent information about a court case to testify. The bill, which has passed both bodies of the Legislature, would also allow the head of the commission to grant limited immunity to the witness from prosecution for previous false statements made under oath in prior proceedings (HB 937). The bill will now go to Gov. Perdue to be signed into law.
Crime/Safety
_Lawyers representing inmates on death row may be permitted to meet with their clients on the same day that the court rules on the inmate’s appeal under a bill that has passed both bodies of the Legislature and been signed into law (HB 1037). The proposal helps ensure that death row inmates hear the court’s decision from their own lawyers, rather than from another source.
_The General Assembly has ratified legislation that would add large constricting snakes and crocodiles to a list of dangerous reptiles that are already regulated under current law (SB 307). If enacted, the law would begin regulating the handling, ownership and sale of large constricting snakes and crocodiles. Owners of these hazardous reptiles would also be required to alert the police should one of these animals escape. Passage of this legislation comes two weeks after a 2-year-old girl was strangled and killed by a Burmese python that escaped from its home terrarium in Florida. The bill has now been sent to Gov. Perdue to be signed into law.
_An act to provide certain magistrates with the authority to provide for the appointment of counsel to indigent persons when authorized by the chief district court judge has passed both bodies of the Legislature and is headed to Gov. Perdue to be signed into law (SB 514). The legislation limits the designation of this authority to magistrates who are duly licensed attorneys, and prohibits any magistrate from being given the authority to appoint counsel for first degree murder offenses or capital cases. Under the legislation, magistrates are also prohibited from accepting a waiver of counsel.
Protecting Children
_The fine for first-time violators of the state's child labor law would be doubled from $250 to $500 in a bill that has passed both bodies of the Legislature (HB 23). The legislation would also create a $1,000 penalty for additional violations. Under the bill, the NC Department of Labor would be authorized to fine a company up to $14,000 for workplace safety violations that injure a worker younger than 18, which is double the amount of the current maximum fine. There are regulations in place that bar young workers from performing a host of hazardous jobs, and this legislation is meant to act as a stronger deterrence against employer violations. The bill will now be sent to Gov. Perdue to be signed into law.
_A bill that establishes courtroom procedures for remote testimony by children has been approved by both bodies of the Legislature (HB 192). The legislation would allow judges to let children testify remotely if the court determined that testifying in front of the defendant would cause severe emotional distress or would harm the child’s ability to tell the truth. The bill will now be sent to Gov. Perdue to be signed into law.
Miscellaneous
_Occupational licensing boards could adopt rules to postpone or waive licensing conditions for people in the armed forces under a bill that passed the House this week (HB 1411). Under the bill, an individual who is serving in the US armed forces and is eligible for a time extension to file a tax return would be granted an extension of time to pay any license fee charged by an occupational licensing board. The extension is for the same period that would apply if the license fee were a tax. The bill will now go to the Senate for further consideration.
_The Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services will be directed to adopt rules providing for the licensure and accreditation of residential treatment facilities for persons with traumatic brain injury (TBI) under a bill that has passed both bodies of the Legislature (HB 1309). The legislation will now be sent to Gov. Perdue to be signed into law.
_The NC Division of Motor Vehicles would be allowed to refuse to register a vehicle if the vehicle is not in compliance with inspections requirements under a bill that has passed both bodies of the Legislature (HB 882). The bill will now go to Gov. Perdue to be signed into law.
Notes
_Members of the House officially honored the life and memory of former NC Governor Robert Walter “Bob” Scott with a joint resolution on Monday (SJR 182). During his term as governor, Scott led the effort to fund kindergarten education programs. He was also at the forefront of the move to unite all of the state's public colleges and universities into one body, creating The University of North Carolina System, and was instrumental in the reorganization of state departments and agencies to better serve the citizens of North Carolina. Scott passed away on January 23, 2009 at the age of 79.
_Monday night, members of the House and Senate participated in a joint session to confirm Gov. Perdue’s three appointees to the State Board of Education (HJR 364). The House and Senate unanimously approved the reappointment of Wayne McDevitt and Patricia Willoughby. Reginald Kenan of Duplin County was also unanimously approved for his first term on the board.
Please remember that you can listen to each day’s session, committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select "Audio," and then make your selection – House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.
Prepared with the assistance of the Speaker’s Office of Communications
From the Office of Representative Jimmy L. Love, Sr. July 9, 2009
Deliberations continued in Raleigh this week with members of the House and Senate negotiating a spending proposal and a change in the state’s tax laws. We are making progress, but our work is slow in the face of this great challenge.
We continue with important policy work and have passed several pieces of important legislation. I am including some discussion of this legislation below.
I hope you will contact me if you have questions, or if I can be of service. Thank you as always for your support and your interest in our state.
Protecting Homeowners
_North Carolinians who have been victimized by predatory mortgage lenders would be helped under a bill that has now passed both bodies of the Legislature (HB 1523). The primary intent of the S.A.F.E. Mortgage Licensing Act is to ensure that mortgage loan originators operate ethically. The legislation gives the Commissioner of Banks broad authority to enforce this law. The bill will now go to Gov. Perdue to be signed into law.
Health
_State lawmakers have voted in favor of legislation that authorizes the Department of Health and Human Services to release confidential data in the Controlled Substances Reporting System to state medical examiners for the purpose of investigating deaths (SB 628). The bill would also make changes pertaining to confidentiality of prescription information. The legislation will now go to Gov. Perdue to be signed into law.
_State lawmakers have amended North Carolina’s rabies laws to conform to recommendations from the Centers for Disease Control and the National Association of State Public Health Veterinarians (SB 674). Once enacted, the legislation will allow stray or feral animals to be euthanized and tested for rabies after biting a human. The bill has now been sent to Gov. Perdue to be signed into law.
Crime
_State lawmakers have amended the law regarding trafficking in methamphetamine and amphetamine to clarify that the charge of trafficking is based on the weight of the entire powder or liquid mixture, rather than the weight of the actual amount of the controlled substance in the powder or liquid mixture (SB 1091). The intent of the bill is to strengthen the state’s drug laws. It will now go to Gov. Perdue to be signed into law.
_The General Assembly has ratified legislation to clarify that commercial social networking sites cannot be held civilly liable for actions stemming from communications on the site as long as the operators of the site have made a good-faith attempt to screen out convicted sex offenders (HB 1267). The bill has now gone to Gov. Perdue to be signed into law.
Miscellaneous
_Public school teachers with four years of experience will now have the right to receive an explanation as to why they will not receive tenure under a bill that has passed both bodies of the Legislature (SB 962). The legislation will also give those teachers the right to a hearing before the local school board votes on the decision. The bill will now be sent to Gov. Perdue to be signed into law.
_State lawmakers have ratified legislation that extends the Legislative Commission on Global Climate Change (SB 835). The commission was established to conduct an in-depth examination of issues related to global climate change. The bill will now go to Gov. Perdue to be signed into law.
_Public utilities, electronic membership corporations, telephone membership corporations, and cities and counties that operate public enterprises will now be prohibited from using certain debt collection practices that result in a customer being liable for the past due and unpaid debts of another person. The legislation, which was ratified by the General Assembly this week, has now been sent to Gov. Perdue to be signed into law (HB 1330).
_Legislation that will make it easier for soldiers, reservists and National Guard members to renew their drivers’ licenses has been ratified by the General Assembly and sent to Gov. Perdue to be signed into law (HB 98). Currently, North Carolinians may renew their drivers’ licenses as much as six months prior to the expiration date. Under the new law, members of the armed forces will be able to renew their licenses upon receipt of deployment orders. The legislation will also allow a 30-day grace period for the renewal of an expired license upon release from active duty.
_A state panel will be directed to examine the law books and propose changes to the General Statutes to make them more gender neutral under a bill that has been ratified by the General Assembly (SB 870). The Legislature would have to approve any proposed changes before they are implemented, and voters would have to approve any changes to the state’s constitution. The legislation now goes to Gov. Perdue to be signed into law.
_The “Open Government Act” has passed the House, and is headed to the Senate (HB 1134). The legislation creates the Open Government Unit of the Department of Justice, which will further the goal of transparency in government and the principle that public records are the property of the people. The legislation will also establish a fee for services of moderation and mediation by the Open Government Unit, and will provide that the successful plaintiff in a public records dispute is entitled to reasonable attorney’s fees.
Notes
_Members of the General Assembly honored the life and memory of the late state Senator Vernon Malone on Thursday (SJR 1106). Vernon Malone had served with honor and distinction as a member of the North Carolina Senate since 2003. He was a leader on several key committees and a strong proponent of education. Senator Malone died on April 18 at the age of 77.
_Members of the General Assembly have passed a joint resolution supporting the implementation of the Passenger Rail Investment and Improvement Act of 2008 and the American Recovery and Reinvestment Act of 2009 (HJR 1654). The acts establish a program of federal capital grants to improve passenger, intermodal and freight services, create a new capital program for states to expand and improve passenger rail services and encourage public-private partnerships that work on high-speed rail projects.
Please remember that you can listen to each day’s session, committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select "Audio," and then make your selection – House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.
Prepared with the assistance of the Speaker’s Office of Communications
We continue with important policy work and have passed several pieces of important legislation. I am including some discussion of this legislation below.
I hope you will contact me if you have questions, or if I can be of service. Thank you as always for your support and your interest in our state.
Protecting Homeowners
_North Carolinians who have been victimized by predatory mortgage lenders would be helped under a bill that has now passed both bodies of the Legislature (HB 1523). The primary intent of the S.A.F.E. Mortgage Licensing Act is to ensure that mortgage loan originators operate ethically. The legislation gives the Commissioner of Banks broad authority to enforce this law. The bill will now go to Gov. Perdue to be signed into law.
Health
_State lawmakers have voted in favor of legislation that authorizes the Department of Health and Human Services to release confidential data in the Controlled Substances Reporting System to state medical examiners for the purpose of investigating deaths (SB 628). The bill would also make changes pertaining to confidentiality of prescription information. The legislation will now go to Gov. Perdue to be signed into law.
_State lawmakers have amended North Carolina’s rabies laws to conform to recommendations from the Centers for Disease Control and the National Association of State Public Health Veterinarians (SB 674). Once enacted, the legislation will allow stray or feral animals to be euthanized and tested for rabies after biting a human. The bill has now been sent to Gov. Perdue to be signed into law.
Crime
_State lawmakers have amended the law regarding trafficking in methamphetamine and amphetamine to clarify that the charge of trafficking is based on the weight of the entire powder or liquid mixture, rather than the weight of the actual amount of the controlled substance in the powder or liquid mixture (SB 1091). The intent of the bill is to strengthen the state’s drug laws. It will now go to Gov. Perdue to be signed into law.
_The General Assembly has ratified legislation to clarify that commercial social networking sites cannot be held civilly liable for actions stemming from communications on the site as long as the operators of the site have made a good-faith attempt to screen out convicted sex offenders (HB 1267). The bill has now gone to Gov. Perdue to be signed into law.
Miscellaneous
_Public school teachers with four years of experience will now have the right to receive an explanation as to why they will not receive tenure under a bill that has passed both bodies of the Legislature (SB 962). The legislation will also give those teachers the right to a hearing before the local school board votes on the decision. The bill will now be sent to Gov. Perdue to be signed into law.
_State lawmakers have ratified legislation that extends the Legislative Commission on Global Climate Change (SB 835). The commission was established to conduct an in-depth examination of issues related to global climate change. The bill will now go to Gov. Perdue to be signed into law.
_Public utilities, electronic membership corporations, telephone membership corporations, and cities and counties that operate public enterprises will now be prohibited from using certain debt collection practices that result in a customer being liable for the past due and unpaid debts of another person. The legislation, which was ratified by the General Assembly this week, has now been sent to Gov. Perdue to be signed into law (HB 1330).
_Legislation that will make it easier for soldiers, reservists and National Guard members to renew their drivers’ licenses has been ratified by the General Assembly and sent to Gov. Perdue to be signed into law (HB 98). Currently, North Carolinians may renew their drivers’ licenses as much as six months prior to the expiration date. Under the new law, members of the armed forces will be able to renew their licenses upon receipt of deployment orders. The legislation will also allow a 30-day grace period for the renewal of an expired license upon release from active duty.
_A state panel will be directed to examine the law books and propose changes to the General Statutes to make them more gender neutral under a bill that has been ratified by the General Assembly (SB 870). The Legislature would have to approve any proposed changes before they are implemented, and voters would have to approve any changes to the state’s constitution. The legislation now goes to Gov. Perdue to be signed into law.
_The “Open Government Act” has passed the House, and is headed to the Senate (HB 1134). The legislation creates the Open Government Unit of the Department of Justice, which will further the goal of transparency in government and the principle that public records are the property of the people. The legislation will also establish a fee for services of moderation and mediation by the Open Government Unit, and will provide that the successful plaintiff in a public records dispute is entitled to reasonable attorney’s fees.
Notes
_Members of the General Assembly honored the life and memory of the late state Senator Vernon Malone on Thursday (SJR 1106). Vernon Malone had served with honor and distinction as a member of the North Carolina Senate since 2003. He was a leader on several key committees and a strong proponent of education. Senator Malone died on April 18 at the age of 77.
_Members of the General Assembly have passed a joint resolution supporting the implementation of the Passenger Rail Investment and Improvement Act of 2008 and the American Recovery and Reinvestment Act of 2009 (HJR 1654). The acts establish a program of federal capital grants to improve passenger, intermodal and freight services, create a new capital program for states to expand and improve passenger rail services and encourage public-private partnerships that work on high-speed rail projects.
Please remember that you can listen to each day’s session, committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select "Audio," and then make your selection – House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.
Prepared with the assistance of the Speaker’s Office of Communications
From the Office of Representative Jimmy L. Love, Sr. July 6, 2009
The General Assembly continues to work on a budget proposal and has directed state agencies to operate at a 15 percent reduction until a final plan is approved.
As I’ve said before, this is an extraordinarily difficult year to craft a budget. We are cutting more than $2 billion in spending and would have to scale back even more if not for some one-time federal stimulus money the state will receive. We are making these cuts as strategically as we can and in ways that will do the least harm.
While we have remained busy working on the state’s budget, we have also worked hard to pass legislation that we hope will improve your lives. The following information highlights some of the legislation that has made it through the House this week.
I hope you will contact me if you have questions, or if I can be of service. Thank you as always for your support and your interest in our state.
Improving Government
_Lawmakers have passed a bill that will transfer the functions and funds of the North Carolina Turnpike Authority to the Department of Transportation (HB 1617). The change means the turnpike authority will now be under the direct supervision of the Secretary of Transportation. The intent of the legislation is to conserve expenditures and improve efficiency. The General Assembly created the Turnpike Authority in 2002 in response to concerns about congestion and growth. The authority was granted permission to develop and operate up to nine projects.
_State facilities that provide mental health, developmental disabilities, and substance abuse services will now be required to disclose certain information about death reports, facility police reports, and incident reports (SB 799). The intent of the legislation is to improve transparency. The bill now goes to Gov. Perdue to be signed into law.
_Legislative drafting offices and state agencies will now be directed to use certain respectful references to people with disabilities in the preparation of legislation and rules. The legislation, known as “People First,” has passed both bodies of the legislature and will now be sent to Gov. Perdue to be signed into law (SB 208).
Jobs/Economy
_On Tuesday, members of the House voted to extend the sunset of the Job Development Investment Grant Program, commonly known as JDIG (HB 1516). The intent of the program is to foster job creation and investment in the economy of this state. In the years that JDIG has been in effect, the state of North Carolina has taken in significantly more money than has been expended on the program. JDIG has proven to be a valuable asset to the state, especially during these uncertain economic times. Job Development Investment Grants are awarded only to new and expanding businesses and industrial projects whose benefits exceed the costs to the state and which would not be undertaken in North Carolina without the grant. Since the first grant was awarded in 2003, the program has been responsible for creating commitments for more than 30,000 jobs and $5 billion in investment in North Carolina.
Miscellaneous
_Legislation that would assist owners in recovering lost pets, relieve overcrowding at animal shelters, and facilitate adoptions of animals from shelters has now passed both bodies of the legislature (SB 467). Among other things, the bill will establish procedures for animal control officers to scan animals for owner information on microchips; require that euthanasia be conducted according to rules approved by the Department of Agriculture and Consumer Services, if such rules exist; and require that, before animals are sold or put to death, they be made available for adoption under procedures that allow the public to inspect them, unless they are found to be unadoptable due to injury or defects of health or temperament.
_The NC Board of Medicine will now be required to publish certain judgments, awards, payments, and settlements involving physicians. The legislation, which has passed both bodies of the legislature and been signed into law, requires disclosure of medical malpractice lawsuits that were settled for a total of $75,000 or more (HB 703).
_All municipalities and counties will now be authorized to give a single annual notice to chronic violators of their public nuisance ordinances before the local government can act. A chronic violator is a person who owns property whereupon, in the previous calendar year, the city gave notice of violation at least three times under any provision of the public nuisance ordinance. The bill, which has passed both bodies of the legislature, will now go to Gov. Perdue to be signed into law (SB 564).
_Probation officers would be allowed to transfer low-risk misdemeanants with no special conditions to unsupervised probation under a bill that has now passed both bodies of the legislature (SB 1089). Such a transfer to unsupervised probation will not relieve the misdemeanant of the obligation to continue making court-ordered payments under the terms of the misdemeanant's probation. The bill will now go to Gov. Perdue to be signed into law.
Notes
_On Monday night, members of the House officially honored the 75th anniversary of the Blue Ridge Parkway with a House Joint Resolution (HB 1655). The parkway continues to be the most visited of all the 391 units in the National Park System, attracting over 20 million visitors annually and contributing more than $2.3 billion annually to the region's economy.
_On Thursday, members of the House officially honored the 250th Anniversary of Halifax County with a Senate Joint Resolution (SB 1104). Several officials from Halifax County joined the House in the Gallery to celebrate the passage of the Resolution.
_On July 1, 2009, a number of new state laws went into effect. The newly effective laws include:
_State government will completely absorb financial responsibility for Medicaid cost-sharing payments, which was the responsibility of county governments for decades.
_The $675 million plan to maintain the solvency of the health insurance plan for teachers and state employees takes effect.
_The state has expanded property tax breaks for completely disabled veterans, the elderly and people with "working waterfront" property.
_Active military members home on leave can now hunt or fish without a license.
Please remember that you can listen to each day’s session, committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select "Audio," and then make your selection – House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.
Prepared with the assistance of the Speaker’s Office of Communications
As I’ve said before, this is an extraordinarily difficult year to craft a budget. We are cutting more than $2 billion in spending and would have to scale back even more if not for some one-time federal stimulus money the state will receive. We are making these cuts as strategically as we can and in ways that will do the least harm.
While we have remained busy working on the state’s budget, we have also worked hard to pass legislation that we hope will improve your lives. The following information highlights some of the legislation that has made it through the House this week.
I hope you will contact me if you have questions, or if I can be of service. Thank you as always for your support and your interest in our state.
Improving Government
_Lawmakers have passed a bill that will transfer the functions and funds of the North Carolina Turnpike Authority to the Department of Transportation (HB 1617). The change means the turnpike authority will now be under the direct supervision of the Secretary of Transportation. The intent of the legislation is to conserve expenditures and improve efficiency. The General Assembly created the Turnpike Authority in 2002 in response to concerns about congestion and growth. The authority was granted permission to develop and operate up to nine projects.
_State facilities that provide mental health, developmental disabilities, and substance abuse services will now be required to disclose certain information about death reports, facility police reports, and incident reports (SB 799). The intent of the legislation is to improve transparency. The bill now goes to Gov. Perdue to be signed into law.
_Legislative drafting offices and state agencies will now be directed to use certain respectful references to people with disabilities in the preparation of legislation and rules. The legislation, known as “People First,” has passed both bodies of the legislature and will now be sent to Gov. Perdue to be signed into law (SB 208).
Jobs/Economy
_On Tuesday, members of the House voted to extend the sunset of the Job Development Investment Grant Program, commonly known as JDIG (HB 1516). The intent of the program is to foster job creation and investment in the economy of this state. In the years that JDIG has been in effect, the state of North Carolina has taken in significantly more money than has been expended on the program. JDIG has proven to be a valuable asset to the state, especially during these uncertain economic times. Job Development Investment Grants are awarded only to new and expanding businesses and industrial projects whose benefits exceed the costs to the state and which would not be undertaken in North Carolina without the grant. Since the first grant was awarded in 2003, the program has been responsible for creating commitments for more than 30,000 jobs and $5 billion in investment in North Carolina.
Miscellaneous
_Legislation that would assist owners in recovering lost pets, relieve overcrowding at animal shelters, and facilitate adoptions of animals from shelters has now passed both bodies of the legislature (SB 467). Among other things, the bill will establish procedures for animal control officers to scan animals for owner information on microchips; require that euthanasia be conducted according to rules approved by the Department of Agriculture and Consumer Services, if such rules exist; and require that, before animals are sold or put to death, they be made available for adoption under procedures that allow the public to inspect them, unless they are found to be unadoptable due to injury or defects of health or temperament.
_The NC Board of Medicine will now be required to publish certain judgments, awards, payments, and settlements involving physicians. The legislation, which has passed both bodies of the legislature and been signed into law, requires disclosure of medical malpractice lawsuits that were settled for a total of $75,000 or more (HB 703).
_All municipalities and counties will now be authorized to give a single annual notice to chronic violators of their public nuisance ordinances before the local government can act. A chronic violator is a person who owns property whereupon, in the previous calendar year, the city gave notice of violation at least three times under any provision of the public nuisance ordinance. The bill, which has passed both bodies of the legislature, will now go to Gov. Perdue to be signed into law (SB 564).
_Probation officers would be allowed to transfer low-risk misdemeanants with no special conditions to unsupervised probation under a bill that has now passed both bodies of the legislature (SB 1089). Such a transfer to unsupervised probation will not relieve the misdemeanant of the obligation to continue making court-ordered payments under the terms of the misdemeanant's probation. The bill will now go to Gov. Perdue to be signed into law.
Notes
_On Monday night, members of the House officially honored the 75th anniversary of the Blue Ridge Parkway with a House Joint Resolution (HB 1655). The parkway continues to be the most visited of all the 391 units in the National Park System, attracting over 20 million visitors annually and contributing more than $2.3 billion annually to the region's economy.
_On Thursday, members of the House officially honored the 250th Anniversary of Halifax County with a Senate Joint Resolution (SB 1104). Several officials from Halifax County joined the House in the Gallery to celebrate the passage of the Resolution.
_On July 1, 2009, a number of new state laws went into effect. The newly effective laws include:
_State government will completely absorb financial responsibility for Medicaid cost-sharing payments, which was the responsibility of county governments for decades.
_The $675 million plan to maintain the solvency of the health insurance plan for teachers and state employees takes effect.
_The state has expanded property tax breaks for completely disabled veterans, the elderly and people with "working waterfront" property.
_Active military members home on leave can now hunt or fish without a license.
Please remember that you can listen to each day’s session, committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select "Audio," and then make your selection – House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.
Prepared with the assistance of the Speaker’s Office of Communications
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