From the Office of Representative Jimmy L. Love, Sr. February 25, 2010

Every year, the General Assembly examines ways that the state can improve the way it does business. Sometimes, that means creating an office with new responsibilities or realigning existing units of government. Other times we need to change laws to make it easier for people to do important work or to encourage progress.

This week, I thought I would share some of the highlights of the General Assembly’s work in improving state government. There are also a number of laws that I have shared with you before that strengthen ethics and transparency in all of government, but most of the changes discussed below concern mostly operational matters.                                                                                                                                                                                                                                                                 .

Thank you as always for your interest in state government. If you have any questions about this information or anything else that I can help with, please contact me. I am always glad to be of service.

Emergency Management

_The state can now enter into mutual aid agreements with local governments. Previously, the law authorized only the governor to enter into mutual aid agreements with the federal government and with other states. The new law (S.L. 2009-194 – HB 379) allows the governor to work with local government, also, if the local governing board approves.

_A new state law statutorily establishes the Department of Crime Control and Public Safety, Division of Emergency Management. Previously the department had authority primarily granted through executive orders issued by the governor (S.L. 2009-397 – HB 378). The legislation was recommended by the Joint Select Committee on Emergency Preparedness and Disaster Management Recovery.

_The Department of Crime Control and Public Safety, Division of Emergency Management now has expanded powers (S.L. 2009-193 – HB 381). Its function now includes: (1) administration of federal and state emergency management grants; (2) serving as the lead state agency for the coordination of information and resources for hazard risk management; and (3) using and maintaining technology that allows efficient communication and management of resources between different agencies and units of government.

_ The Division of Emergency Management now has authority to establish a Voluntary Emergency Management Certification Program. The law (S.L. 2009-192 – HB 377) is intended to strengthen and enhance the professional abilities of emergency management personnel by establishing educational and training standards for both state and local emergency management agencies.

Energy

_The State Energy Office has been transferred from the Department of Administration to the Department of Commerce under a new state law (S.L. 2009-446 - H.B. 1481). The law also transfers the Residential Energy Conservation Assistance Program from the Department of Health and Human Services to the Energy Office of the Department of Commerce.

_The state Department of Administration (DOA) must now consider fuel economy when purchasing state vehicles. The intent of the law (S.L. 2009-241 - H.B. 1079) is to reduce the state’s carbon footprint and reduce fuel costs. In addition, DOA will be directed to submit a report outlining the quantity and cost of fuel saved.

Building Codes

_A new state law prohibits any state, county or local building code or regulation from banning the use of cisterns that are to be used for outdoor irrigation or toilets. The law (S.L. 2009-243 – HB 749) defines a cistern as a water storage tank that is watertight; has smooth interior surfaces and enclosed lids; is fabricated from nonreactive materials such as reinforced concrete, galvanized steel, or plastic; is designed to collect rainfall from a catchment area; may be installed indoors or outdoors; and is located underground, at ground level, or on elevated stands.

_The plan review and inspection process for state buildings is streamlined under a new state law that transfers the authority for code enforcement in state buildings from the Department of Insurance to the Department of Administration (S.L. 2009-474 – SB 425).  The act transfers four code enforcement positions from the Department of Insurance to the Department of Administration, and creates four code enforcement positions in the Department of Administration.

Miscellaneous

_North Carolina has established 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 – HB 817).

_The Office of State Personnel, Department of Public Instruction, North Carolina Community Colleges, and the University of North Carolina are required to study the development of personalized employee benefits statements for state, public school, and community college employees under a new state law (S.L. 2009-63 – HB 1221).  These benefits statements must include an employee's total compensation, including all cash income, and the value of employee benefits, such as health coverage.

_A new state law transfers the North Carolina Turnpike Authority to the Department of Transportation (S.L. 2009-343 - 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 save money 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 (S.L. 2009-299 - SB 799). The intent of the legislation is to improve transparency in our state’s mental health system.

_Legislative drafting offices and state agencies must now use certain respectful references to people with disabilities in the preparation of legislation and rules under a new state law, known as “People First” (S.L. 2009-264 - SB 208).

Notes

_West Corp. plans to hire more than 175 people for its call center in Rocky Mount. Applicants may apply online at www.westemployment.com. The company will hire its employees from Edgecombe and Nash Counties, two areas that currently have high unemployment.

_The Biltmore Estate will create up to 120 jobs with its new Antler Hill Village visitation site, which opens this spring. A job fair is planned for next week while work continues on the village, a 15-acre visitor site for estate guests that will open in late March, with a grand opening in May.

_ Northeast Foods Inc., a national contract baker for the commercial and fast-food industries, will open a new bakery operation in Johnston County.  The company plans to invest $25.4 million and create 84 jobs during the next two years in Clayton.  The new bakery operation is made possible in part by a $350,000 grant from the One North Carolina Fund.

Prepared with the assistance of the Speaker’s Office of Communications

Resources for Small Businesses in North Carolina

Updated March 4, 2009


State Agencies

Department of Commerce Business Link North Carolina (BLNC)
The BLNC is a network of statewide, State-funded agencies and organizations that provide services to the State's businesses, from Fortune 500 companies to start-ups. BLNC provides a single entry point to find experts who can help businesses start, grow and succeed.
Contact: 1-800-228-8443 www.blnc.gov

Department of Commerce Small Business Ombudsman:
The Ombudsman works with small businesses to ensure they receive timely answers to questions and timely resolution of issues involving State government.
Contact: (919) 733-4151 www.nccommerce.com

NC Community College System Small Business Centers:
Small Business Centers support the development of new businesses and the growth of existing businesses by providing training, counseling, and resource information. A Small Business Center is located within 30 minutes of nearly everyone in the state at a local Community College.
Contact: (919) 807-7100 http://www.ncccs.cc.nc.us/

Small Business and Technology Development Center (SBTDC):
The SBTDC is the University of North Carolina’s business and technology extension service. SBTDC specialists provide management counseling and educational services to small and mid-sized businesses throughout North Carolina. The SBTDC’s core service is in-depth management counseling, addressing financing, marketing, human resources, operations, business and strategic planning, and feasibility assessment. Most SBTDC services are free of charge, and all SBTDC services are confidential.
Contact: (800) 258-0862 www.sbtdc.org

Nonprofits

NC Rural Economic Development Center:
The Rural Center runs two programs that provide capital for business start-ups and expansions. The Microenterprise Loan Program serves the smallest rural businesses through a combination of loans, business planning and technical assistance. The Rural Venture Fund, announced in 2007, offers investments ranging from equity to subordinated debt for qualified businesses in economically distressed counties of North Carolina.
Contact: (919) 250-4314 http://www.ncruralcenter.org/


NC Biotechnology Center:
The Biotechnology Center provides low-interest loans to early-stage NC biotechnology companies across the state. These loans are designed to help companies meet meaningful commercial and research milestones associated with company inception, research and growth.
Contact: (919) 541-9366 www.biotech.org

Institute for Minority Economic Development:
The North Carolina Institute of Minority Economic Development is a statewide nonprofit organization representing the interest of underdeveloped and underutilized sectors of the state's economic base. The Institute's business development team works to assist historically underutilized businesses in accessing affordable capital, expanded market opportunities, and stable internal management and control systems. The Institute provides direct technical assistance and small group education and training.
Contact: (919) 956-8889 www.ncimed.com

Center for Community Self-Help:
The nonprofit Center for Community Self-Help and its financing affiliates Self-Help Credit Union and Self-Help Ventures Fund provide financing, technical support and advocacy for female, rural and minority borrowers across North Carolina. The Center provides loans to small businesses and nonprofit organizations that want to grow and continue their success. Loan products are targeted at companies and nonprofits whose financing needs are not met by traditional lenders.
Contact: (919) 956-4400 www.self-help.org


Federal

Small Business Administration:
The SBA helps Americans start, build and grow businesses. SBA provides a number of financial assistance programs for small businesses. They have been specifically designed to meet a business’s key financing needs including the need for debt financing (loans), equity financing (investment/seed money), and surety bonds.
Contact: (800) 827-5722 www.sba.gov

Recent outside rankings of North Carolina

#1

Business Climate
Site Selection Magazine, October 2009

Favorite Destination for Retirees
Kiplinger.com, August 2009

Best Place for Data Centers
Tishman Technologies, October 2009

Top 10 Metros for Economic Growth Potential (Charlotte)
Business Facilities, The Location Advisor, August 2009

America’s Smartest Cities (Raleigh-Durham)
The Daily Beast, October 2009

Fastest-Growing Metropolitan Area in the Country (Raleigh-Cary)
U.S. Census Bureau, March 2009

Top City for Small Business (Raleigh)
Bizjournals, February 2009

Best Places for Business and Careers – Metros (Raleigh)
Forbes, March 2009


#2

Best State to Do Business In
Chief Executive Magazine, March 2009

Most Competitive State
Site Selection Magazine, May 2009

America’s 25 Best Places to Move – Population 25,000 + (Charlotte)
Forbes.com, July 2009

Top Five Best Economic Potential – Large Cities (Charlotte)
fDi Magazine, April 2009

Best Place to Start a Small Business (Charlotte)
Bizjournals.com, February 2009
Best Places for Business and Careers – Small Metros (Greenville)
Forbes, March 2009


#3

Pro-Business State
Pollina Corporate Real Estate, June 2009

Economic Strength Ranking (Charlotte MSA)
Policorn Corporation, June 2009

Large City of the Future (Charlotte)
fDi Magazine, April 2009

Most Popular Move Destination (Charlotte Metro)
United Van Lines, January 2009

Best Places for Business and Careers – Metros (Durham)
Forbes, March 2009

Best Places to Launch a Small Business (Raleigh)
CNNMoney.com, October 2009


#5

Best States for Business
Forbes, September, 2009

Mind Magnet/Youth Magnet (Charlotte metro)
Wall Street Journal/Brookings Institution, May 2009


#6

Best Places for Business and Careers – Metros (Asheville)
Forbes, March 2009

Best Places to Live and Work for Young Professionals – Mighty Micros (Cary)
Next Generation Consulting, June 2009

Healthiest Housing Market (Raleigh)
Builderonline.com, February 2009


#7

Best Places to Launch a Small Business (Charlotte)
CNNMoney.com, October 2009


#8

Top States for Nanotechnology
Project on Emerging Nanotechnologies, August 2009


#9

America’s Top States for Business
CNBC, August 2009

Top North American Cities of the Future (Charlotte)
fDi Magazine, April 2009

Best Places to Live and Work for Young Professionals – Midsize Magnets (Durham)
Next Generation Consulting, June 2009


#10

Overall Biotechnology Strength
Business Facilities, July 2009

America’s Best Cities (Charlotte)
Outside Magazine, August 2009

From the Office of Representative Jimmy L. Love, Sr. February 11, 2010

North Carolina’s small businesses are the backbone of our state’s economy. Our state and our people benefit most when these companies prosper and grow. Those of us in the General Assembly are clearly aware of this and we focus much of our effort on making North Carolina a great place to do business.

These efforts and our state’s business climate have been recognized throughout the nation and the world. A recent study commissioned by the Council on State Taxation and conducted by Ernst & Young found that North Carolina places a lower state and local tax burden on businesses than any other state. In addition, North Carolina is ranked seventh in benefits received by businesses relative to their tax burden. Our reputation as a business-friendly state assists in our efforts to strengthen our economy and improve our unemployment, as recent important job announcements throughout the state show.

The following information highlights just some of the ways state government works to preserve the well-being of North Carolina’s small businesses.

Thank you as always for your interest in state government. If you have any questions about this information or anything else that I can help with, please contact me. I am always glad to be of service.


Community Colleges

_In recent years, North Carolina communities have experienced tremendous job loss, particularly in the manufacturing industry. This has resulted in an unprecedented number of people going to our community colleges to learn new skills and retrain for new jobs. Enrollment continues to soar at these institutions. In this year’s budget, we fully funded enrollment growth in community colleges to ensure that students are not denied services because of enrollment growth ($58 million for fiscal year 2009-10 and $99 million for fiscal year 2010-11). A well-educated and well-trained workforce benefits all businesses in this state, whether they are large or small.
_The Small Business Center Network housed within North Carolina community colleges also plays an important role in assisting small businesses throughout the state. We allocated $5.35 million to the program this year so that it can help North Carolinians start and grow their own small businesses. Each community college in the state is home to a small business center, meaning that such a center is located within a 30-minute drive of almost all North Carolinians. Many of the services offered are free of charge.

_The North Carolina Rural Entrepreneurship through Action Learning, or NC REAL, is a non-profit organization within the community colleges that helps encourage entrepreneurship and small business creation. NC REAL’s training programs and curriculum have helped thousands of people create jobs throughout our state. This year, we appropriated $250,000 for both the 2009-10 fiscal year and the 2010-11 fiscal year.

_We also continued to appropriate funds to the community colleges for the NC Military Business Center so that it can continue with its important work. The primary purpose of the center is to help small- and medium-sized businesses throughout the state that are seeking federal contracts, with a focus on military-related contracts. The center also helps highly-trained military personnel transition to civilian employment and recruits new defense-related businesses to the state. We appropriated $1.25 million in recurring funds for the center.


University System

_The University of North Carolina is home to the Small Business and Technology Development Center. The center provides business consulting services and management education to growing small businesses. Although the main office is located in Raleigh, the center operates 10 regional service centers in 17 offices throughout the state.


Department of Commerce

_The One North Carolina Small Business Fund within the Department of Commerce received $700,000 this year. The program provides matching funds for businesses trying to obtain federal research grants under the Small Business Administration.

_In 2007, the General Assembly created the NC Green Business Fund. This fund was established to provide grants or loans to small businesses involved in a variety of “green” industries, such as renewable fuels or energy-efficient building technologies. This year, we allocated $5 million of federal stimulus money to support this program.

_The Business ServiCenter within the Department of Commerce provides information about state and local programs and resources to help growing small businesses. The center provides one-on-one consultation over the phone or in person about issues such as identification of business resources and licensing requirements and can also supply referrals to other state, federal, and local agencies. Much of this general information is also available online at Business Link North Carolina, www.blnc.org. The department also has a small business ombudsman, who assists in resolving issues with state agencies.


Aid to Non-profits

_The General Assembly provides funding to a variety of non-profits that help foster the growth of small businesses. These agencies include the Rural Center, the Golden LEAF, the North Carolina Biotechnology Center, the Community Development Initiative, the Institute of Minority Economic Development, and others. In addition to ongoing efforts that help small business gain access to capital, this year we appropriated $500,000 to the Rural Center to assist existing small businesses. The Rural Center combined this money with funds from the Golden LEAF to develop an initiative in conjunction with the Self-Help credit union that will allow Self-Help to make loans in the amount of $27.5 million to small businesses.


Notes

_There has been some concern recently about a proposal that may change the U.S. history curriculum in our public schools. First, I want you to know that this plan is just a draft and has not received final approval. The contentious part of the proposal is that it calls for starting the study of U.S. history in high school at about 1877, leading some to worry that our schools would ignore the early history of our nation. The proposal, however, would actually increase the study of history in our schools by adding a full year of study of U.S. history in the fifth grade and another full year of study of North Carolina and U.S. history in middle school. Existing standards already require two high school courses in government and history and study of North Carolina history in fourth grade.

_The state Office of the Commissioner of Banks continues to offer a free program to help homeowners avoid foreclosure. People seeking help can call 1-866-234-4857 (8:00 a.m.-9:00 p.m., Mon.-Fri-; 8:00 a.m.-5:00 p.m. Sat) to be connected with a HUD-approved counseling agency that can help you over the phone or provide face-to-face counseling. For more information, visit www.fightNCforeclosure.org.


Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. February 4, 2010

The work of the General Assembly is wide ranging and has great influence over spending priorities, economic policies, education, health care and other critical areas.

The Legislature is also responsible for working with law enforcement and judicial officials to write the state's criminal laws. This past session, we approved new laws making our drug laws stronger, toughening sex offender laws and cracking down on illegal weapons. These laws help make our communities safer and help protect our families. A few of them are highlighted in the information below.

Thank you as always for your interest in state government. If you have any questions about this information or anything else that I can help with, please contact me. I am always glad to be of service.


Drugs

_The new Paraphernalia Control Act regulates the sale of glass tubes and splitters, which are known to be used as drug paraphernalia. The tubes can be used to smoke illegal drugs, while the splitters can slice the wrappings off of a cigar. The wrappings can then be filled with illegal drugs and smoked. The new law (HB 722 - S.L. 2009-205) requires that the items be placed behind the sales counter, that clerks require identification from those people purchasing such items and that the buyers keep a record of such sales for at least two years.

_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 illegal drug in the powder or liquid mixture (SB 1091 - S.L. 2009-463). The intent of the law is to strengthen the state’s drug laws.

_The manufacture, sale, distribution, or possession of the plant Salvia Divinorum is now unlawful (SB 138 – S.L. 2009-538). The plant has gained popularity in recent years as an illicit drug. For a first or second offense under this section, the offender must pay a fine of at least $25. Subsequent offenses will result in a Class 3 misdemeanor. The legislation exempts researchers, nursery owners and landscapers.


Weapons

_The penalty for altering, destroying, or removing the permanent serial number of a firearm has been increased from a misdemeanor to a felony under a new state law (HB 787 - S.L. 2009-204).

_Last session, we amended the law concerning renewal of a concealed handgun permit (HB 1132 - S.L. 2009-307). The sheriff of the county where the permit was issued must now notify the holder of the permit about requirements for renewal at least 45 days prior to expiration of a permit. The holder of a permit may apply for renewal at any time within the 90-day period prior to its expiration date. The act also provides that a former sworn law enforcement officer who has 20 or more aggregate years of part time or auxiliary law enforcement service may be exempt from the firearms safety and training course requirement for a concealed handgun permit if he or she was a qualified sworn law enforcement officer immediately before retiring and has been retired as a sworn law enforcement officer two years or less from the date of the permit application.


Sex offenses

_We broadened the current law regarding solicitation of a child by computer to commit an unlawful sex act to also prohibit solicitation by any other device capable of electronic data storage or transmission (SB 65 - S.L. 2009-336). The act requires that the child solicited be at least five years younger than the defendant or that the defendant believes the person to be at least five years younger.

_A new state law authorizes judges to issue permanent no contact orders prohibiting convicted sex offenders from interacting with their victims (HB 1255 - S.L. 2009-380). The defendant can argue that the order should not be issued, and the victim also has the right to be heard. The order can be rescinded at the request of the victim or another hearing can be held at the request of the defendant. Violation of the order is a misdemeanor.





Property

_It is now felony larceny if the theft of a motor vehicle part results in repair costs of $1,000 or more (HB 1256 - S.L. 2009-379). The cost includes both the cost of any replacement part and any additional costs necessary to install the replacement part in the motor vehicle.

_Last session, we passed a law to increase the criminal penalty for cutting, injuring, or removing the timber from another person's property (SB 990 - S.L. 2009-508). If the damage caused is $1,000 or less, then the offense is a misdemeanor. If the damage caused is more than $1,000, then the offense is a felony.

_Picketing that is directed at a single residence and done so in a way that would cause fear or substantial emotional distress is now prohibited under state law (HB 885 – S.L. 2009-300).


Miscellaneous

_Tampering with an electronic monitoring device is now against the law. The devices are used to monitor people on home arrest or who are ordered to wear them as a condition of bond, probation, parole or similar programs. The new law (SB 713 - S.L. 2009-415) also makes it against the law for someone to solicit another person to remove or destroy the monitor. This offense does not apply to persons being monitored under the provisions of the Sex Offender and Public Protection Registration Programs or to juveniles being monitored by juvenile court.

_The Pyrotechnics Safety Permitting Act was passed last session to revise the existing provisions governing pyrotechnics in North Carolina (SB 563 – S.L. 2009-507). Among other things, the act makes it unlawful for anyone to manufacture, purchase, sell, deal in, transport, possess, receive, advertise, use, handle, exhibit, or discharge any pyrotechnics of any description in the State, except in cases where certain criteria are met. The legislation was passed in reaction to an accident that took place on Ocracoke Island on July 4 of last year, when a truck carrying fireworks exploded, killing four people.


Notes

_Kewaunee Scientific Corp, a longtime Statesville laboratory furniture manufacturer, announced this week that it will add 100 full-time jobs. The company is set to invest $13 million to expand its operations and renovate its corporate headquarters over the next five years.

_ Solaris Industries Inc., an international manufacturer of steel tubing, will spend $3.2 million to build a new manufacturing facility in Cleveland County. The company pledges to add 40 new jobs.

_ IBM has unveiled a massive collection of data processing computer servers at its new $360 million data center in Research Triangle Park. IBM asserts that the data center will use half the energy of a typical complex.

_Commonwealth Brands Inc., a national manufacturer of tobacco and tobacco products, will expand its operations in Rockingham County by investing $6.7 million and creating 35 jobs in 2010. The announcement was made possible in part by a $100,000 grant from the One North Carolina Fund.


Prepared with the assistance of the Speaker’s Office of Communications