Throughout the most recent legislative session, I worked with my colleagues in the General Assembly on initiatives that will improve life in our state. Some of these new laws will go into place Jan. 1, and I want to share some information about them with you. These laws cover everything from smoking in bars and restaurants to protecting the environment and conserving energy. They are intended to make you and your families more secure, to protect our children and to make sure those who do violate our laws are properly punished.
You can access the full list by visiting the General Assembly’s website at www.ncleg.net and opening the document 2009 Legislation Effective Dates.
In the meantime, if you have questions or concerns that I can help you resolve, I hope that you will contact me. I’m pleased to do what I can to help any of my constituents. Thank you as always for your interest in the work of the General Assembly and state government and thank you for your support.
Health
_A new law that will result in smaller rate increases than originally projected for members of the State Health Plan, while also increasing the plan’s transparency, will go into effect on January 1, 2010 (SB 287 – S .L. 2009-16). The new law reduces the premium rate increase for the next two years from 10 percent to 8.9 percent. It also adds coverage for treatment by chiropractors, mental health and substance abuse professionals and speech therapists and includes provisions to encourage plan members to stop smoking and to lose weight. The law retains language added in the House that calls for an independent audit of the plan, more detailed billing information, and increased disclosure of transactional data and administrative costs. The law also calls for monthly financial reports and establishes a 15-member Blue Ribbon Task Force that will examine the plan’s rate structure and governance, among other things.
_The state law that prohibits smoking in bars and restaurants goes into effect on January 2, 2010 (HB 2 – S.L. 2009-27). The intent of the legislation is to protect North Carolinians from the harm of secondhand smoke.
_A new state law establishes requirements for certification of persons performing lead-based paint renovation work in certain residential housing and child-occupied facilities (HB 1151 – S.L. 2009-488). The law also requires accreditation of renovation trainers and renovation training courses.
Crime/Safety
_As of January 1, 2010, the state is required to collect, maintain and publish statistics on the use of deadly force by law enforcement that results in death under a new state law (HB 266 – S.L. 2009-106).
_The North Carolina Racial Justice Act will be effective on January 1, 2010 (SB 461 – S.L. 2009-464). The intent of the law is to provide fair imposition of capital sentences by lessening the chance that the death penalty will be imposed based on race. The law applies retroactively for the first year. Opponents worry the change will delay pending executions and clog the court system, but that has not been the experience in Kentucky, the only other state with a similar law.
Energy/Environment
_A new state law promotes voluntary, year-round conservation and water use efficiency measures by commercial car washes (H.B. 1236 - S.L. 2009-480). The legislation outlines a number of guidelines by which a trade or professional organization representing commercial car washes may establish a voluntary water conservation and water use efficiency certification program to encourage and promote the use of year-round water conservation and water use efficiency measures.
_Certain environmental and natural resources laws have been amended to: (1) require electronic reporting of environmental lead test results and blood lead test results; (2) clarify the fee structure for food and lodging permits; (3) revise the sunset provision for nutrient offset payments; (4) amend the solid waste disposal tax to streamline the process when a local government is served by a solid waste management authority; (5) repeal the requirement that seasonal state park employees wear a uniform vest; and (7) clarify implementation of the Jordan Lake rules related to federal and state entities (SB 838 – S.L. 2009-484). These amendments are effective on January 1, 2010.
_To improve Upper Neuse Basin water quality, state lawmakers passed an Act to protect and restore water quality and quantity in the Upper Neuse River Basin, Falls Lake, and other drinking water supply reservoirs (SB 1020 – S.L. 2009-486). This will be achieved by directing the Environmental Management Commission to provide credit to local governments, landowners, and others who reduce water pollution in the Upper Neuse River Basin before permanent rules are adopted, modifying the nutrient management strategy, and adopting a sedimentation strategy for certain drinking water supply reservoirs.
_Certain North Carolina dams in connection with electric generating facilities will be subject to the Dam Safety Act under a new state law (S.B. 1004 - S.L. 2009-390). The law allows the Department of Environmental and Natural Resources to inspect the structural soundness of coal ash dams. Previously, utility companies submitted their own engineering reports to the state Utilities Commission and were not subject to inspection by an outside entity. The law will also permit an electric public utility that purchases or constructs a carbon offset facility to retain the fuel and fuel-related cost savings resulting from the purchase or construction of the facility under certain conditions.
Military
_Under a new state law, the Division of Motor Vehicles is allowed to waive the commercial motor vehicles skills test for qualified military personnel who have operated similar vehicles for at least two years prior to applying for a commercial driver’s license (SB 423 - S.L. 2009-494). The law also waives the requirement if the applicant has completed a similar skills test while in the military.
_ North Carolina’s absentee voting laws have been improved under a new state law (S.B. 253 – S.L. 2009-537). The law is specifically intended to improve the ability of military and overseas voters to cast timely ballots. This is incredibly important because it is vital that those defending democracy have the opportunity to participate in the democratic process.
Miscellaneous
_Legislation that assists owners in recovering lost pets, relieve overcrowding at animal shelters, and facilitate adoptions of animals from shelters will be effective on January 1, 2010 (SB 467 – S.L. 2009-304). Among other things, the law establishes procedures for animal control officers to scan animals for owner information on microchips; requires that euthanasia be conducted according to rules approved by the Department of Agriculture and Consumer Services, if such rules exist; and requires that, before animals are sold or put to death, they be made available for adoption under procedures that allow the public to inspect them, unless they are found to be unadoptable due to injury or defects of health or temperament.
_A new state law expands film credit by providing for an alternative credit for qualifying expenses of a production company (SB 943 – S.L. 2009-529).
_A new state law requires all cities, counties and other local units of government to adopt a code of ethics for their governing boards (H.B. 1452 - S.L. 2009-403). The law also requires members of those boards to receive education on ethics laws applicable to local government officials.
Prepared with the assistance of the Speaker’s Office of Communications
From the Office of Representative Jimmy L. Love, Sr. December 17, 2009
Those of us in public service realize that we must constantly work to try to improve your confidence in government. Some public officials have breached your trust in the past, but I will not be one of them. I continue to work diligently in favor of stronger ethics laws, cleaner campaigns and better lobbying laws, and I expect that we will continue this important work in the coming session.
I hope you will contact me if you have questions, or if I can be of service. Thank you as always for your support and your interest in our state.
Ethics
_A new state law requires the governing boards of cities, counties, boards of education, sanitation districts, unified governments, and consolidated city-counties are required to adopt a code of ethics to guide them in the performance of their official duties. The law (H1452 – S.L. 2009-403) also requires board members to receive at least two hours of ethics education within 12 months of appointment or election.
_ These three measures passed the House this past session but have not yet passed the Senate. Others may be introduced in the short session.
· H1136 would expand the state's revolving door provision, to cover executive branch employees, and bar them from lobbying for 6 months after they leave.
· H944 would require more disclosure of campaign fundraising and donations by appointees to state boards and commissions.
· H961 would prohibit vendors who win large state contracts from giving large campaign donations to the elected official whose office makes the contracting decision.
Voting
_ North Carolina’s absentee voting laws have been improved under a new state law (S.B. 253 – S.L. 2009-537). The law is specifically intended to improve the ability of military and overseas voters to cast timely ballots. This is incredibly important because it is vital that those defending democracy have the opportunity to participate in the democratic process.
Notes
_ In the few days, two major companies have announced plans to bring hundreds of high-paying jobs to North Carolina. Appliance manufacturer Electrolux expects to create at least 738 jobs at its new headquarters in Charlotte and add $60 million to the state’s annual payroll, not including benefits. The company employs 55,000 people worldwide. Also, international risk management consultant IEM will move its headquarters from Baton Rouge, La., to Durham County, creating 430 jobs over the next six years. The nearly 25-year-old company will pay an overall average wage of nearly $63,000. Company President and CEO Madhu Beriwal said the area’s “highly educated workforce, history of innovation, and culture of public and private collaboration” influenced her decision to relocate the company.
_ For the 15th year in a row, North Carolina leads the nation in the total number of teachers who have earned certification by the National Board of Professional Teaching Standards with 15,695 teachers now certified. This group of teachers accounts for nearly 19 percent of the 83,000 National Board Certified teachers in the nation. North Carolina also ranked first in the nation in the number of newly certified teachers, with 1,509 of the 8,874 educators nationwide who earned the recognition this year. In North Carolina, we appropriate money in our budget every year to offset the costs of the certification process and teachers receive a raise after earning the distinction. Those of us who care about education know that having highly qualified teachers means better results for our children.
_Talon Systems Inc., an international manufacturer of household storage cabinets and furniture, will hire 90 workers over the next three years and invest $5.9 million to open its first U.S. manufacturing plant in Statesville. The project was made possible in part by a One North Carolina Fund grant of $46,590.
Prepared with the assistance of the Speaker’s Office of Communications
I hope you will contact me if you have questions, or if I can be of service. Thank you as always for your support and your interest in our state.
Ethics
_A new state law requires the governing boards of cities, counties, boards of education, sanitation districts, unified governments, and consolidated city-counties are required to adopt a code of ethics to guide them in the performance of their official duties. The law (H1452 – S.L. 2009-403) also requires board members to receive at least two hours of ethics education within 12 months of appointment or election.
_ These three measures passed the House this past session but have not yet passed the Senate. Others may be introduced in the short session.
· H1136 would expand the state's revolving door provision, to cover executive branch employees, and bar them from lobbying for 6 months after they leave.
· H944 would require more disclosure of campaign fundraising and donations by appointees to state boards and commissions.
· H961 would prohibit vendors who win large state contracts from giving large campaign donations to the elected official whose office makes the contracting decision.
Voting
_ North Carolina’s absentee voting laws have been improved under a new state law (S.B. 253 – S.L. 2009-537). The law is specifically intended to improve the ability of military and overseas voters to cast timely ballots. This is incredibly important because it is vital that those defending democracy have the opportunity to participate in the democratic process.
Notes
_ In the few days, two major companies have announced plans to bring hundreds of high-paying jobs to North Carolina. Appliance manufacturer Electrolux expects to create at least 738 jobs at its new headquarters in Charlotte and add $60 million to the state’s annual payroll, not including benefits. The company employs 55,000 people worldwide. Also, international risk management consultant IEM will move its headquarters from Baton Rouge, La., to Durham County, creating 430 jobs over the next six years. The nearly 25-year-old company will pay an overall average wage of nearly $63,000. Company President and CEO Madhu Beriwal said the area’s “highly educated workforce, history of innovation, and culture of public and private collaboration” influenced her decision to relocate the company.
_ For the 15th year in a row, North Carolina leads the nation in the total number of teachers who have earned certification by the National Board of Professional Teaching Standards with 15,695 teachers now certified. This group of teachers accounts for nearly 19 percent of the 83,000 National Board Certified teachers in the nation. North Carolina also ranked first in the nation in the number of newly certified teachers, with 1,509 of the 8,874 educators nationwide who earned the recognition this year. In North Carolina, we appropriate money in our budget every year to offset the costs of the certification process and teachers receive a raise after earning the distinction. Those of us who care about education know that having highly qualified teachers means better results for our children.
_Talon Systems Inc., an international manufacturer of household storage cabinets and furniture, will hire 90 workers over the next three years and invest $5.9 million to open its first U.S. manufacturing plant in Statesville. The project was made possible in part by a One North Carolina Fund grant of $46,590.
Prepared with the assistance of the Speaker’s Office of Communications
From the Office of Representative Jimmy L. Love, Sr. December 10, 2009
In recent months, there has been a lot of discussion on the national stage regarding health care and health care reform in America. For that reason, I thought it would be a good idea to inform you about what we have done at the state level to improve health care for the people of North Carolina.
Despite a difficult budget situation this year, the House of Representatives worked to reduce overall healthcare costs by promoting wellness and prevention programs. We also worked to protect our citizens by improving patient safety, expanding access to health care for children, making structural improvements to the State Health Plan and addressing mental health needs. The following information highlights just some of the legislation that we have passed this session to help us achieve these goals.
I hope you will contact me if you have questions, or if I can be of service. Thank you as always for your support and your interest in our state.
Improving Health Care
_We passed a law that will result in smaller rate increases than originally projected for members of the State Health Plan, while also increasing the plan’s transparency (SB 287 – S.L. 2009-16). The new law reduces the premium rate increase for the next two years from 10 percent to 8.9 percent. It also adds coverage for treatment by chiropractors, mental health and substance abuse professionals and speech therapists and includes provisions to encourage plan members to stop smoking and to lose weight. The law calls for an independent audit of the plan, more detailed billing information, and increased disclosure of transactional data and administrative costs. The law also requires monthly financial reports and establishes a 15-member Blue Ribbon Task Force that will examine the plan’s rate structure and governance, among other things.
_Automated calls to protect the public health, safety, or welfare will be allowed under a new state law (HB 1034 – S.L. 2009-364). The system is intended to inform telephone subscribers that they have purchased products or medication that may be subject to a safety recall; that the telephone subscriber has not picked up a filled prescription drug or that an account maintained by the telephone subscriber may be subject to potential fraudulent activity. The calls could not be used for any commercial purposes.
_More local mental health agencies are now required to report how they are spending money twice a year under a new state law (HB 672 – S.L. 2009-191). The intent of the law is to require more transparency and accountability for state-funded mental health providers.
_A new state law directs the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, to take certain actions to improve supports for persons with developmental disabilities (HB 673 – S.L. 2009-186).
_We have passed a law that authorizes County Departments of Social Services to conduct follow-up monitoring of adult care homes (HB 1186 – S.L. 2009-232). The law is meant to improve patient safety by improving oversight of adult-care homes.
_We have passed a new law that will increase transparency of state facilities that provide mental health, developmental disabilities, and substance abuse services by requiring the disclosure of certain information about death reports, facility police reports, and incident reports (SB 799 – S.L. 2009-299).
Budget
The following information highlights just some of the ways that we have tried to preserve essential programs in Health and Human Services.
_Complete last phase of three-year takeover of Medicaid from counties, freeing money for local governments - $252 million
_We have expanded the Children’s Health Care Program (Health Choice) - $17 million
_We have provided additional funding to the State Health Plan to cover medical costs and to reduce the premium rate increase for the next two years from 10 percent to 8.9 percent. The General Assembly appropriated $250 million to cover the 2008-09 budget shortfall, $132 million for the 2009-10 fiscal year, and $276 million for the 2010-11 fiscal year.
_New local inpatient beds for the mentally ill to treat people closer to their homes and relieve state hospitals - $12 million
Miscellaneous
_The "Healthy Youth Act" has been signed into law (HB 88 – S.L. 2009-213). All students will now be exposed to both abstinence-only and comprehensive sex education. The law also allows parents to remove their children from any portion of the course.
_We have passed a law that prohibits smoking in bars and restaurants (HB 2 – S.L. 2009-27). The intent of the legislation is to protect North Carolinians from the harm of secondhand smoke. The law goes into effect January 1, 2010.
Prepared with the assistance of the Speaker’s Office of Communications
Despite a difficult budget situation this year, the House of Representatives worked to reduce overall healthcare costs by promoting wellness and prevention programs. We also worked to protect our citizens by improving patient safety, expanding access to health care for children, making structural improvements to the State Health Plan and addressing mental health needs. The following information highlights just some of the legislation that we have passed this session to help us achieve these goals.
I hope you will contact me if you have questions, or if I can be of service. Thank you as always for your support and your interest in our state.
Improving Health Care
_We passed a law that will result in smaller rate increases than originally projected for members of the State Health Plan, while also increasing the plan’s transparency (SB 287 – S.L. 2009-16). The new law reduces the premium rate increase for the next two years from 10 percent to 8.9 percent. It also adds coverage for treatment by chiropractors, mental health and substance abuse professionals and speech therapists and includes provisions to encourage plan members to stop smoking and to lose weight. The law calls for an independent audit of the plan, more detailed billing information, and increased disclosure of transactional data and administrative costs. The law also requires monthly financial reports and establishes a 15-member Blue Ribbon Task Force that will examine the plan’s rate structure and governance, among other things.
_Automated calls to protect the public health, safety, or welfare will be allowed under a new state law (HB 1034 – S.L. 2009-364). The system is intended to inform telephone subscribers that they have purchased products or medication that may be subject to a safety recall; that the telephone subscriber has not picked up a filled prescription drug or that an account maintained by the telephone subscriber may be subject to potential fraudulent activity. The calls could not be used for any commercial purposes.
_More local mental health agencies are now required to report how they are spending money twice a year under a new state law (HB 672 – S.L. 2009-191). The intent of the law is to require more transparency and accountability for state-funded mental health providers.
_A new state law directs the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, to take certain actions to improve supports for persons with developmental disabilities (HB 673 – S.L. 2009-186).
_We have passed a law that authorizes County Departments of Social Services to conduct follow-up monitoring of adult care homes (HB 1186 – S.L. 2009-232). The law is meant to improve patient safety by improving oversight of adult-care homes.
_We have passed a new law that will increase transparency of state facilities that provide mental health, developmental disabilities, and substance abuse services by requiring the disclosure of certain information about death reports, facility police reports, and incident reports (SB 799 – S.L. 2009-299).
Budget
The following information highlights just some of the ways that we have tried to preserve essential programs in Health and Human Services.
_Complete last phase of three-year takeover of Medicaid from counties, freeing money for local governments - $252 million
_We have expanded the Children’s Health Care Program (Health Choice) - $17 million
_We have provided additional funding to the State Health Plan to cover medical costs and to reduce the premium rate increase for the next two years from 10 percent to 8.9 percent. The General Assembly appropriated $250 million to cover the 2008-09 budget shortfall, $132 million for the 2009-10 fiscal year, and $276 million for the 2010-11 fiscal year.
_New local inpatient beds for the mentally ill to treat people closer to their homes and relieve state hospitals - $12 million
Miscellaneous
_The "Healthy Youth Act" has been signed into law (HB 88 – S.L. 2009-213). All students will now be exposed to both abstinence-only and comprehensive sex education. The law also allows parents to remove their children from any portion of the course.
_We have passed a law that prohibits smoking in bars and restaurants (HB 2 – S.L. 2009-27). The intent of the legislation is to protect North Carolinians from the harm of secondhand smoke. The law goes into effect January 1, 2010.
Prepared with the assistance of the Speaker’s Office of Communications
From the Office of Representative Jimmy L. Love, Sr. November 30, 2009
Even in the face of high unemployment numbers and a slowly recovering economy, North Carolinians have much to be thankful for this year. Our state is showing signs of recovering from this economic storm, and we will come out ahead. One of the most valuable resources of our state is the beauty and diversity of our natural environment. That’s why it is so important that we work in the state government to protect these invaluable natural resources and promote North Carolina’s tourism industry. The following information highlights just some of the legislation and budgetary measures we implemented this year to support tourism in North Carolina.
If you have any questions or if I can be of assistance, please feel free to contact me. Thank you as always for your interest in the work of the General Assembly and state government and thank you for your support.
Happy Thanksgiving!
Tourism
_A new state law creates the North Carolina Sustainable Local Food Advisory Council (SB 1067 - S.L. 2009-530). One of the issues to be considered by the council is an in-depth analysis of the potential impacts that the production of sustainable local food would have on economic development in North Carolina, both the direct impacts for the producers of sustainable local food and the actual and potential indirect impacts, such as encouraging restaurants that feature locally raised agricultural products and promoting food and wine tourism.
_The 2009 Studies bill directs the Joint Legislative Transportation Oversight Committee to study whether to require the Division of Motor Vehicles to place the North Carolina tourism Web site, visitnc.com, on the State's registration plates and whether to require all license plates issued by the Division of Motor Vehicles to have a "First in Flight" background, including all specialized license plates (HB 945 – S.L. 2009-574).
_Breweries are authorized to have tastings similar to those offered by wineries to help build the state’s burgeoning local brewery industry under a new state law (HB 1591 – S.L. 2009-377).
_A new state law creates the state Mountain Resources Commission, in part to protect the natural beauty of Western North Carolina and the associated tourism industry (SB 968 – S.L. 2009-485).
Budget
_This year’s budget included $360,000 to reorganize Heritage Tourism into three regions (SB 202 – S.L. 2009-451). Each region will have one Heritage Tourism officer, and a Heritage Tourism Director will be located at the Department of Commerce. One additional position will coordinate the Blue Ridge Parkway 75th Anniversary. Three jobs cut.
_The Wine and Grape Growers Council of North Carolina was allocated $828,000 in this year’s budget, and was transferred to General Fund support (SB 202 – S.L. 2009-451).
_The North Carolina Aquarium Fund was allocated $657,770 in recurring funds and $551,436 in non-recurring funds in this year’s budget (SB 202 – S.L. 2009-451). The money increases the operating budget for the North Carolina Aquarium Fund to reflect the transfer of the Aquarium's Special Activities and Events funds into this fund.
_Because of the economic downturn, we were unable to do as much for North Carolina’s tourism industry as we would have liked. There were reductions in spending to the Roanoke Island Commission, the state Maritime Museum, Tryon Palace and other state historic sites, as well as general cuts to the Department of Cultural Resources as a whole. Cultural Resources received a cut of nearly $5.5 million, a reduction of about 7 percent, less than many other areas of state government. About 17 positions were eliminated. These cuts may result in fewer programs and less maintenance and upkeep at state-run tourist sites. When the economy recovers, we hope to restore some of these cuts and increase funding for state tourism sites across the board.
Prepared with the assistance of the Speaker’s Office of Communications
If you have any questions or if I can be of assistance, please feel free to contact me. Thank you as always for your interest in the work of the General Assembly and state government and thank you for your support.
Happy Thanksgiving!
Tourism
_A new state law creates the North Carolina Sustainable Local Food Advisory Council (SB 1067 - S.L. 2009-530). One of the issues to be considered by the council is an in-depth analysis of the potential impacts that the production of sustainable local food would have on economic development in North Carolina, both the direct impacts for the producers of sustainable local food and the actual and potential indirect impacts, such as encouraging restaurants that feature locally raised agricultural products and promoting food and wine tourism.
_The 2009 Studies bill directs the Joint Legislative Transportation Oversight Committee to study whether to require the Division of Motor Vehicles to place the North Carolina tourism Web site, visitnc.com, on the State's registration plates and whether to require all license plates issued by the Division of Motor Vehicles to have a "First in Flight" background, including all specialized license plates (HB 945 – S.L. 2009-574).
_Breweries are authorized to have tastings similar to those offered by wineries to help build the state’s burgeoning local brewery industry under a new state law (HB 1591 – S.L. 2009-377).
_A new state law creates the state Mountain Resources Commission, in part to protect the natural beauty of Western North Carolina and the associated tourism industry (SB 968 – S.L. 2009-485).
Budget
_This year’s budget included $360,000 to reorganize Heritage Tourism into three regions (SB 202 – S.L. 2009-451). Each region will have one Heritage Tourism officer, and a Heritage Tourism Director will be located at the Department of Commerce. One additional position will coordinate the Blue Ridge Parkway 75th Anniversary. Three jobs cut.
_The Wine and Grape Growers Council of North Carolina was allocated $828,000 in this year’s budget, and was transferred to General Fund support (SB 202 – S.L. 2009-451).
_The North Carolina Aquarium Fund was allocated $657,770 in recurring funds and $551,436 in non-recurring funds in this year’s budget (SB 202 – S.L. 2009-451). The money increases the operating budget for the North Carolina Aquarium Fund to reflect the transfer of the Aquarium's Special Activities and Events funds into this fund.
_Because of the economic downturn, we were unable to do as much for North Carolina’s tourism industry as we would have liked. There were reductions in spending to the Roanoke Island Commission, the state Maritime Museum, Tryon Palace and other state historic sites, as well as general cuts to the Department of Cultural Resources as a whole. Cultural Resources received a cut of nearly $5.5 million, a reduction of about 7 percent, less than many other areas of state government. About 17 positions were eliminated. These cuts may result in fewer programs and less maintenance and upkeep at state-run tourist sites. When the economy recovers, we hope to restore some of these cuts and increase funding for state tourism sites across the board.
Prepared with the assistance of the Speaker’s Office of Communications
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