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
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Regular Reports On What Is Happening In the NC General Assembly of Interest to citizens in District 51 by Representative Jimmy Love
