Keith Clark Lee County North Carolina

From the Office of Representative Jimmy L. Love, Sr. June 24, 2010

I continued working with my fellow members of the House this week to pass legislation that I believe will improve the lives of all North Carolina citizens. The following information highlights just some of the legislation that was passed by the House this week.

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.


Economy

_The sunset on some economic incentives would be extended under a bill that passed the House this week (HB 1973). These economic incentives include a credit for constructing renewable fuel facilities, a credit for small business employee health benefits, and a credit for biodiesel producers, among others. If enacted, the legislation would also provide an enhanced incentive for jobs in high unemployment counties.


Energy/Environment

_The Energy Policy Council would be directed to identify, study, and recommend policies to increase energy efficiency and conservation under a bill that passed the House this week (HB 1804). The legislation would also direct the Energy Policy Council to promote renewable energy resources and reduce carbon emissions.

_Legislation to address oil spill liability, response and preparedness passed the House this week (SB 836). Among other things, the legislation will: (1) clarify liability for damages caused by the discharge of natural gas, oil, or drilling waste into state coastal fishing waters or offshore waters; (2) provide for the review of information related to proposed offshore fossil fuel facilities to determine whether they are consistent with state guidelines for the coastal area; (3) direct the Coastal Resources Commission to review existing laws and regulations that pertain to offshore energy exploration and production in light of the recent British Petroleum (BP) accident; (4) direct the Department of Crime Control and Public Safety to immediately review and update the oil spill contingency plan to prepare the state in the event that oil discharged from the BP leak comes to the North Carolina coast; and (5) direct the Department of Environment and Natural Resources to review limitations on recovery by the state for damage to public resources and for the cost of oil or other hazardous substance cleanup.

_A bill that modifies the computer equipment recycling plan requirements and the associated fee on manufacturers passed the House this week (SB 887). The legislation also makes further substantive, clarifying, technical, and conforming changes to the laws governing the management of discarded computer equipment and discarded televisions, as recommended by the Environmental Review Commission. The legislation is intended to ensure that end-of-life computer equipment and televisions are responsibly recycled, to promote conservation, and to protect public health and the environment. If enacted, a comprehensive and convenient system for recycling and reuse of certain electronic equipment would be established and responsibility would be shared among manufacturers, retailers, consumers, and the state.


Miscellaneous

_Legislation that provides an additional, safe method for trapping coyotes and increases the availability of permits to remove coyotes that threaten livestock or poultry passed the House this week (HB 1824). The bill is based on the recommendations of the House Select Committee on Coyote Nuisance Removal.

_Legislation that would modernize the North Carolina Alcoholic Beverage Control System passed the House this week (HB 1717). Among other things, the bill would prohibit local board members from accepting gifts from contractors doing business with their panel or stores and instruct them to avoid conflicts of interest that could financially benefit themselves or family members.

_The North Carolina Supreme Court would be asked to establish minimum standards of domestic violence education and training for district court judges under a bill passed the House this week (HB 1762). If enacted, the legislation would also encourage the University of North Carolina School of Government to provide domestic violence education and training for judges and magistrates. The legislation is based on the recommendations of the Joint Legislative Committee on Domestic Violence.


Notes

_Members of the House and Senate came together on Thursday for a joint legislative session to honor Coach Mike Krzyzewski and the Duke Blue Devils on their 2010 NCAA Men’s Basketball Championship (SJR 1456).

_On Thursday, members of the House honored the life and memory of former Representative George Milton Holmes with a House Joint Resolution (HJR 1901). George Holmes served for 16 terms in the North Carolina House of Representatives from 1975 to 1976 and from 1979 to 2008. He died on December 31, 2009, at the age of 80, and is survived by his wife, Barbara Ann Ireland Holmes; daughter and son-in-law and three grandchildren.

_Members of the House honored the twentieth anniversary of the Americans with Disabilities Act on Thursday with a House Joint Resolution (HJR 2076). This year marks the 20th anniversary of the Americans with Disabilities Act, landmark legislation to protect the civil rights of individuals with disabilities and ensure that more than 54 million Americans receive the same basic freedoms – independence, equal access, freedom of choice and inclusion – afforded to every citizen in our country.
Please remember that you can listen to each day’s session, committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select "Audio," and then make your selection – House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.
Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. June 17, 2010

Work continued this week on our state budget as I and other negotiators met to work out our differences. We are moving closer to a final plan and I remain confident we will have our work completed soon.

Our efforts in other areas continue to remain strong as well. The following information highlights some of the legislation we have worked on this week.

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.


Agriculture

_The Department of Agriculture and Consumer Services and the Department of Environment and Natural Resources would be directed to continue to work with the NC Farm Bureau Federation, other agricultural organizations, and farmers in the state to develop a plan to identify and report agricultural water infrastructure needs under a bill that passed the House this week (HB 1748). If enacted the legislation would also direct the previously mentioned Departments to encourage voluntary practices that conserve and protect water resources and to design a cost-share program to assist farmers and agricultural landowners who implement best management practices to conserve and protect water resources related to agricultural use.

_Legislation that would establish a task force to develop a plan for the establishment and maintenance of a statewide water and wastewater infrastructure resource and funding database passed the House on Thursday (HB 1746).

_Local governments that provide public water service or community water systems would be required to address foreseeable future water needs when eighty percent of the water system’s available water supply has been allocated or when seasonal demand exceeds ninety percent under a bill that passed the House on Thursday (HB 1747). The legislation is based on the recommendations of the Legislative Study Commission on Water and Wastewater Infrastructure.


Animals

_The North Carolina Zoological Park Funding and Organization Study Committee would be extended under a bill that passed the House this week (HB 1720). If enacted, the legislation would also authorize the Division of Motor Vehicles to issue special registration plates for the North Carolina Zoological Society.

_Legislation that increases the penalty for killing an animal from a Class A1 Misdemeanor to a Class H Felony has been ratified by the General Assembly and sent to Gov. Perdue to be signed into law (SB 254). The legislation would also increase the penalty for the malicious abuse or torture of an animal from a Class I Felony to a Class H Felony. Susie's Law, as the legislation is commonly known, is named after a dog found burned and left to die in a Greensboro park last summer.


Miscellaneous

_ The State Board of Education would be directed to appoint a task force to create a Comprehensive Arts Education Development plan for the public schools of North Carolina under a bill that passed the House this week (SB 66). The Task Force would be instructed to specifically consider policies to implement arts education in the public schools.

_The Department of Transportation would be directed to accept and use municipal funding for pedestrian safety improvements on state roads within municipal limits under a bill that passed the House this week (SB 595).

_The Division of Health Service Regulation within the Department of Health and Human Services would be directed to coordinate a review of the education and training requirements for nurse aides under a bill that passed the House this week (SB 1191). The bill is based on the recommendations of the North Carolina Study Commission on Aging.

_The Statutes governing the use of 911 funds would be amended under a bill that passed the House this week (HB 1691). If enacted, the legislation would give counties more flexibility to spend the money and a state panel would change how the money is distributed to more closely follow the population the 911 Center covers and their past expenses. Under the legislation, proceeds could now be used for statewide projects, and local centers would be required to meet operating standards to qualify for their share of funds.

_Wood-chipping machinery would be exempt from sales tax under a bill that passed the House this week (HB 1842). The tax exemption would be applied to sales of wood chipping machinery that has been assigned a seventeen-digit vehicle identification number specified by the National Highway Transportation Safety Association. "Wood chipping machinery" is machinery used to convert raw forest products into wood chips.


Notes

_ Magna Composites LLC plans to expand three plants in the western part of North Carolina and create 327 new jobs over the next four years. The expansion – in which Magna plans to invest $10 million in facilities in Salisbury, Lenoir and Newton – was made possible in part by a state Job Development Investment Grant.

_On Thursday, the House approved a House Joint Resolution to provide for the confirmation of the appointment of former Rep. Lucy T. Allen to the Utilities Commission (HJR 1907).
Please remember that you can listen to each day’s session, committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select "Audio," and then make your selection – House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.
Prepared with the assistance of the Speaker’s Office of Communications

From the Office of Representative Jimmy L. Love, Sr. June 10, 2010

Members of the House and Senate began meeting this week to negotiate a final budget proposal to present to Gov. Beverly Perdue. Our intention is to complete our work by the end of the month so that the adjustments we propose will be in place by the start of the next fiscal year.

We have also been working steadily on a number of other issues, and I have included information below about some of the legislation that is moving through the House. I hope you will find it useful.

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.


Education

_School improvement teams may now be required to use the Education Value Added Assessment System (EVAAS) or a compatible system to collect diagnostic information on students that could help improve their achievement. The legislation (HB 1669) that passed the House this week is based on the recommendations of the Joint Legislative Oversight Committee.

_A bill that would restore a balance to the law on unemployment compensation for substitute teachers passed the House this week (HB 1676). No substitute teacher or other substitute school personnel will be considered unemployed for time they don’t work unless they were employed as a full-time substitute The bill is based on the recommendations of the Joint Legislative Education Oversight Committee.

_Public schools would be required to use evidence-based fitness testing for students in grades K through 8 under a bill debated in the House Committee on Health on Tuesday (HB 1757). The bill is based on the recommendation of the Legislative Task Force on Childhood Obesity.

_Legislation that would give certain local boards of education additional flexibility with regard to instructional time lost due to inclement weather passed the House this week (SB 636).

_Legislation that would prohibit the use of corporal punishment on a student with a disability whose parent has stated in writing that corporal punishment shall not be administered on that student passed the House this week (HB 1682). If enacted, the bill would also require local boards of education to report concurrences of corporal punishment to the State Board of Education.


Environment

_The Department of Environment and Natural Resources, in conjunction with others, would develop a statewide survey to assess the state’s water and wastewater infrastructure needs under a bill debated by the House Committee on Water Resources and Infrastructure on Tuesday (HB 1749). If enacted, the legislation would also direct the department to work with other groups to incorporate the information into the state water supply plan.


Miscellaneous

_The mill rehabilitation credit would be extended under a bill that passed the House this week (HB 1829). If enacted, the legislation would also make changes to the credit for investing in renewable energy property and would establish a credit for constructing a renewable energy property facility. In addition, the bill would lower the sales tax compliance burden on small retailers, relieve the annual report compliance burden on small businesses, reduce the franchise tax burden on construction companies, and improve the tax and debt collection process. The bill is based on the recommendations of the Revenue Laws Study Committee.

_Legislation that would modernize the North Carolina Alcoholic Beverage Control System was debated in the Committee on Alcoholic Beverage Control on Tuesday (HB 1717). Among other things, the bill would prohibit local board members from accepting gifts from contractors doing business with their panel or stores and instruct them to avoid conflicts of interest that could financially benefit themselves or family members.

_The Department of Health and Human Services would be authorized to register animal shelters under the North Carolina Controlled Substances Act for the limited purpose of obtaining, possessing, and using drugs for animal euthanasia under a bill debated by the House Committee on Judiciary I on Tuesday (HB 1741). If enacted, the bill would authorize certified euthanasia technicians to administer these drugs to euthanize dogs and cats on the premises of the animal shelter and give the Department of Agriculture and Consumer Services explicit authorization to reject certification or to decertify a euthanasia technician for felony convictions.

_The sale of certain underutilized state aircraft would be required under a bill debated by the House Committee on State Government and State Personnel on Tuesday (HB 1823).


Notes

_On Wednesday, members of the House honored the life and memory of Robert “Bob” Hensley with a House Joint Resolution (HJR 1678). Bob Hensley represented Wake County in the state House from 1990 to 2002. During his tenure in the legislature, Bob Hensley was chairman of the Judiciary and State Personnel committees and vice-chair of the Alcoholic Beverage Control Committee. Hensley died on August 18, 2009 from complications of leukemia. He is survived by his wife, Pat Granger Hensley, and sons, Preston, Chris and Robert Hensley III.

_Clearwater Paper Corp. plans to invest $260 million and hire 250 workers over the next five years to build a new manufacturing and distribution facility in Shelby. The plant will make private-label tissue products for retail grocery chains throughout the Southeast and along the East Coast.
Please remember that you can listen to each day’s session, committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select "Audio," and then make your selection – House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.

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

From the Office of Representative Jimmy L. Love, Sr. June 3, 2010

With the state’s citizens and businesses suffering from the effects of the international financial crisis, House members acted decisively this week by approving our version of the budget. The plan we propose will create jobs, encourage economic activity, provide job training and higher education opportunities and protect core services, such as health care for the most vulnerable residents. We will also continue our push to conduct government business more transparently, to spend wisely and to eliminate waste and fraud. The following information highlights just some aspects of the budget that address these important issues. These items are still subject to change as debate in our chamber continues and the bill then moves on to conference committee. I hope you will find it useful.

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.


Jobs

_Tax credits for small businesses –
_ Tax Benefits for Investments in Small Business - $3.6 million.
_ Tax Benefits for Small Businesses That Provide Health Insurance – ($250/employee) - $7.2 million.
_ Tax Benefits for Putting People Back to Work ($1000/employee for businesses with 25 employees or less) - $7.2 million.

_ Provides additional funding for the One NC Fund to enhance the competitive position of North Carolina when recruiting national and international business and industry projects. Three percent of these funds shall be used for small business expansion - $10 million.

_ Funds the One NC Small Business Fund program, which provides matching grants to businesses that qualify for federal incentives funds - $1.5 million.

_ Appropriates funding for Job Maintenance and Capital Development Fund for employment in Tier 1 counties - $5.5 million.

_ Provides funding for the Main Street Solutions Program and the creation of one two-year time limited position to administer the program. This program provides grants to active Main Street Communities and designated micropolitans with populations between 10,000 and 50,000 people. Grants are to be used to support downtown economic development, historic preservation initiatives, and other public and private improvement projects that will support small businesses and job creation - $2 million.

_ Provides funds to help create additional export opportunities for NC companies in Asian and South American markets and to increase North Carolina investment interest from Asian and South American companies - $200,000.

_ Provides funding for marketing North Carolina as a tourist destination - $1 million.

_ Provides funding to support the seven Regional Economic Development Commissions - $5 million.

_ Provides funds for the Biofuels Center to develop North Carolina's biofuels industry - $5 million.

_ Provides nonrecurring matching funds for a US Department of Energy grant for energy research and green jobs - $500,000.

_ Provides nonrecurring funding for the Indian Economic Development Initiative - $100,000.

_ Provides funds for small business loans for those who have limited access to credit - $750,000.

_ Provides additional funding for the Biotechnology Center to develop the State's biotechnology industry - $4.27 million.

_ Provides additional funding for the Rural Center's Building Reuse and Restoration Program to strengthen the capacity of rural communities to compete for and attract new and expanding businesses. Funding for small-scale regional community development projects is also included - $3.13 million.

_ Provides funding to the Rural Center to continue the Small Business Assistance Fund - $1 million.

_ Provides funding for the Rural Center to provide assistance to farmers via grants up to $20,000 in three areas: 1. Improving energy efficiency on the farm; 2. Developing new markets; 3. Developing new products - $1 million.
_Provides funding for Got to Be NC Marketing to promote North Carolina agricultural products - $300,000


Education

_ Prevents layoffs of any instructional personnel in K-12 by adjusting the lottery receipts budgeted for Classroom Teachers - $126 million.

_ Restores proposed cuts for assistant principals - $4.5 million.

_ Provides on a nonrecurring basis for the purchase of replacement textbooks for emergency situations. The State Board of Education shall develop rules and guidelines for the allocation of these funds - $5 million.

_Funding for UNC Need-Based Financial Aid - $12 million

_Full funding for community college enrollment growth to be used to hire additional faculty and student support staff - $85 million

_ Eliminates 26 positions in order to find efficiencies and reduce redundancy in the Department of Public Instruction Technology Services area. The reduction includes departmental NC WISE positions, Offices of the Chief Information Officer, Chief Technology Officer, Technology Business Services, and Project Management. NC WISE has been deployed, reducing the need for personnel – ($2.8 million).


Fiscal Responsibility

_ Abolishes 47 positions in the UNC system that have been vacant two years or longer – ($2.5 million).

_ Reduces funds available within the Division of Child Development in anticipation of saving money related to better management and tracking of child care subsidy expenditures. The new system will reduce expenditures associated with fraudulent and inaccurate payments – ($6 million).

_ Eliminates State appropriation for the purchase of vaccine for which health care providers and local health departments should be billing health insurers for reimbursement. North Carolina health insurers reimburse for the full series of standard immunizations recommended by Centers for Disease Control and Prevention (CDC) and the American Academy of Family Physicians, as well as those required by the North Carolina Immunization Program – ($15.9 million).

_ Provides savings in overall Medicaid expenditures through the expanded efforts of the Community Care Network of North Carolina (CCNC). DHHS contracts with CCNC to manage use of Medicaid services. Savings will be generated by expanding CCNC's care management programs in hospital discharge, mental health; palliative care, and pharmacy. The improved Informatics system will enhance data integration, analytics, and reporting, increasing performance and cost savings – ($26 million).

_ Generates savings by implementing various pharmacy program improvements, including collecting drug rebates on certain prescription drug claims; stopping reimbursement for lost prescriptions; requiring prior approval on rand drugs when 'medically necessary' is written on the prescription; creating a specialty drug network for dispensers of certain high cost drugs; requiring prior approval on all requests for the drug Synagis; and eliminating the ineffective FORM pharmacy program – ($5.6 million).

_ Generates savings by adding mental health drugs to the Preferred Drug List (PDL), which were previously not part of the PDL savings, and also requires prior authorization but only for offlabel prescribing of mental health drugs – ($10 million).

_ Eliminates Medicaid reimbursement of 'never events' in hospital inpatient settings. 'Never events' are certain types of medical issues that develop or are acquired while a person is in a hospital, but should have been prevented. The policy change brings Medicaid in line with Medicare reimbursement – ($5 million).

_ Generates savings through new Program Integrity initiatives, including Medicaid SWAT teams for on-site investigations, strengthening Medicaid fraud laws, innovative technology to detect fraud and abuse, and prepayment reviews for questionable providers – ($36.2 million).

_ Generates savings by doubling the Medicaid Investigative Unit staff at the AGO to expand the prosecution of Medicaid fraud and abuse. Additional staff will ensure increased prosecution and additional Medicaid funds recovered from fraudulent providers – ($1 million).

_ Consolidates the Division of Pollution Prevention and Environmental Assistance, the Customer Service Center, and the Small Business Ombudsman into one Division, the Division of Environmental Assistance and Outreach. This consolidation eliminates four positions – ($230,000).

_ Reduces the appropriation for medical services for inmates based on capping fees paid as a percentage of billed charges. This reduction applies to inpatient and outpatient hospital services as well as professional services – ($20.5 million).






Accountability

_ Reduces personnel and operating expenses for aircraft operations. This reduction eliminates two pilot positions and one mechanic position. The sale of 10 eliminated aircraft is expected to result in over $1 million in one-time revenue – ($1.2 million).

_ Eliminates the Marine Fisheries Division's three helicopters and associated operating expenses in accordance with the recommendations from the Program Evaluation Division's Study of State Aircraft. The aircraft will be sold, generating one-time revenue of $35,000 – ($60,218).

_ Provides funds to expand the Medicaid Fraud Criminal Investigation Team. The expanded unit will consist of sworn investigators, attorneys, program assistants, financial investigators, and administrative support personnel. This investigative unit is responsible for obtaining convictions of community service providers that commit fraud, recovering restitution and civil penalties for the benefit of the Medicaid Program and the Civil Forfeiture Fund, and deterring fraud – $3 million.

_ Appropriates funding for four positions and operating expenses to ensure the State Ethics Commission has resources for design, implementation, training, and technological support for an online/electronic personal and financial disclosure system (Statement of Economic Interest, or SEI), and to meet the gift ban requirement - $547,600.

_ Provides funding for the Good Government package, including an attorney and software development - $450,000.

Notes

_Citco Fund Services (USA) Inc. plans to create 258 jobs in Mecklenburg County over the next five years. The company will invest $3 million to open its first North Carolina office thanks in part to a state Job Development Investment Grant.

_The North Carolina Department of Cultural Resources is proud to announce three fun-filled days – 2nd Saturdays – in June, July & August, at all NC State Historic Sites and Museums. Over 100 free events have been planned across the state on June 12th, July 10th and August 14th. 2nd Saturdays will combine arts, music and heritage with food, agriculture and fun at all 37 museums and historic sites. For more information about events and locations, please visit: http://ncdcr.gov/2ndsaturdays-venues.asp
Please remember that you can listen to each day’s session, committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select "Audio," and then make your selection – House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.
Prepared with the assistance of the Speaker’s Office of Communications