Even in the face of a changing world economy, agriculture continues to play an important role in our state’s economy. For that reason, my colleagues and I in the House of Representatives are committed to supporting agriculture in North Carolina. We have passed a number of new laws this session that I believe will make our agricultural industry stronger. We have also approved studies on a range of issues, including ways to improve poultry worker health and safety and extending greenhouse gas credits to farmers.
The following information includes just some of the legislation we passed this year regarding agriculture in North Carolina.
If you have any questions or if I can be of assistance, please feel free to contact me. Thank you as always for your interest in the work of the General Assembly and state government and thank you for your support.
Animals
_The state veterinarian can now implement emergency measures when there is imminent threat from a contagious animal disease that could spread rapidly and have serious consequences. (S.L. 2009-103 – HB 1083). Authorized measures include restrictions on the transportation of potentially infected animals, agricultural products, and other commodities into and out of potentially infected areas, restrictions on access to such areas, quarantines, emergency disinfectant, destruction of infected animals, and other control measures at portals of entry to the State. The state veterinarian was temporarily granted this authority in 2003, but the legislation was set to expire this year.
_ State law has been updated to make the inspection fees for ostriches and other ratites (emu, rhea) the same as for other meat inspections, removes domesticated rabbits from regulation under the Poultry Products Inspection Act, and makes changes to the exemption provisions applicable to poultry processors in intrastate commerce (S.L. 2009-102 – HB 1104). Previously, a poultry producer could slaughter up to 1,000 chickens and up to 250 turkeys without an inspection, as long as the producer raises the poultry and doesn’t sell it out of state. Under the new guidelines, a poultry producer who slaughters up to 20,000 chickens or 5,000 turkeys of his own raising and that are not sold out of state is subject only to basic sanitation requirements and periodic inspections. An inspector does not have to be on-site at the time of slaughter.
_Wild boar hunting season and the harvesting of feral swine are standardized under a new state law that also directs the Department of Agriculture and Consumer Services to study issues related to the importation of feral swine in North Carolina (S.L. 2009-89 – HB 1118). The department is expected to report its findings and recommendations to the General Assembly in the coming legislative session.
_The Legislative Research Commission has been authorized to study and evaluate the recommendations contained in the report to the Joint Legislative Commission on Governmental Operations resulting from the Equine Industry Study conducted by the Rural Economic Development Center, Inc [S.L. 2009-574, Sec. 2.55 (HB 945, Sec. 2.55)].
_The Legislative Research Commission has been authorized to study the development of a coyote nuisance removal program aimed at diminishing the threat presented by the existence of a coyote population in the State [S.L. 2009-574, Sec. 2.57 (HB 945, Sec. 2.57)].
_The Legislative Research Commission has been authorized to study ways to improve poultry worker health and safety [S.L. 2009-574, Sec. 2.61 (HB 945, Sec. 2.61)].
Environment
_A new state law creates the 24-member North Carolina Sustainable Local Food Policy Council. The purpose of the council is to contribute to building a local food economy to create jobs, stimulate economic development, circulate money within local communities, and provide greater food security for North Carolinians (S.L. 2009-530 – SB 1067). It will also consider and develop policies regarding (1) health and wellness; (2) hunger and food access; (3) economic development; and (4) preservation of farmlands and water resources. The council will also consider ways to use local foods in schools and public assistance programs.
_Provisions within this year’s budget require the Board of Agriculture to review all fees under its jurisdiction every odd-numbered year to determine whether any of these fees should be changed and report its findings to the House and Senate Appropriations Subcommittees on Natural and Economic Resources and the Fiscal Research Division [S.L. 2009-451, Sec. 11.3 (SB 202, Sec. 11.3)].
_The Legislative Research Commission has been authorized to study the feasibility and advisability of extending greenhouse gas credits to the business of farming in the same manner that credits are extended to other businesses in the event that North Carolina participates in a market-based "Cap-and-Trade" program for greenhouse gas emissions [S.L. 2009-574, Sec. 2.38 (HB 945, Sec. 2.38)].
_The Department of Agriculture has been authorized to study whether the current regulation of the land application of septage and sludge adequately protects human health and the environment [S.L. 2009-574, Sec. 39.1 (HB 945, Sec. 39.1)]. The department may work with local Soil and Water Conservation Districts to determine the total volume of septage and sludge being spread in a county and post maps regarding with their findings online. The department may also work with the University of North Carolina to identify cost effective alternatives to land application. The department may report its findings and recommendations to the General Assembly no later than May 1, 2010.
Prepared with the assistance of the Speaker’s Office of Communications
From the Office of Representative Jimmy L. Love, Sr. November 12, 2009
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
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