Over the past few years, we have worked steadily in North Carolina to make voting more convenient and to do our best to ensure the integrity of our campaigns and candidates. With early voting already underway and Election Day closing in, I thought this week would be a good time to remind you of some of the improvements in our laws.
I encourage you to vote early this year if you can, and 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.
Voting
_ We approved a new law that allows residents to register and vote right away at one-stop voting sites during the last 2½ weeks before an election. Under the old law voters could vote early at one-stop voting sites, but registration ended 25 days before an election. The law (SL2007-253) has opened up the voting process by eliminating some of the time barriers. Early voting has become a popular and effective way for citizens to vote in our past two elections.
_ North Carolina’s absentee voting laws have been changed to better able military and overseas voters to cast timely ballots (SL2009-537). This is incredibly important because it is vital that those defending our democracy have the opportunity to participate in the democratic process. This law was updated during this past session to streamline applications for absentee ballots for deployed members of the military. (SL2010-192)
_ Breaching ballot secrecy or trying to convince a person to select a party affiliation other than one of the person’s own choosing is now illegal. The law (SL2007-391) also allows combined ballots and provides civil penalties for officials who are late reporting campaign contributions and expenditures. Penalties can be as high as three times the amount of funds concealed if the State Board of Elections finds that the officials deliberately concealed contributions or expenditures.
Campaigns
_The Government Ethics and Campaign Reform Act of 2010 (SL2010-169) establishes stronger standards for elected officials and government workers. Among other things, the act increases the penalty for illegal campaign donations and improves the state’s campaign finance database by making it easier to search. The law also makes it illegal for a member of the Council of State to coerce political contributions from those who do business with the state by promising preferential treatment or discipline.
_ North Carolina has had publicly financed judicial elections for the past several years, but candidates for state auditor, superintendent of public instruction and insurance commissioner now also have the option to participate in the program. The intent of the law (SL2007-540) is to open up elections to anyone with an interest in running and reduce the influence of increasingly large amounts of money being raised for campaigns. Candidates must raise a total of $30,000 from at least 750 people to qualify for the public financing program. They must then agree to strict fundraising and spending limits. The Government Ethics and Campaign Reform Act of 2010 established a 10-member commission to study issues related to public funding of Council of State races.
_In response to a federal ruling that now allows corporations to spend money on political races, we added new disclosure rules (SL2010-170) to assure that the companies report how much money they are spending on political activity and how it is being used.
_ Candidates for public office must now report when they file for office whether they are convicted felons. (SL2007-369) The conviction will not have to be reported if it was reversed on appeal, pardoned or expunged. Candidates who have a past conviction will be required to report the name of the offense, the date of conviction, the date their citizenship rights were restored, and the county and state of conviction. A prior felony conviction does not prevent a person from holding elective office if the candidate's citizenship rights have been restored. Candidates who do not complete the statement will be barred from appearing on the ballot. A separate bill (SL2010-49) will allow voters to decide this year whether they want to change the state Constitution to prohibit convicted felons from running for sheriff.
_ Legislators who establish legal defense funds must now report donations to those accounts. Under the law (SL2007-349), legislators with these accounts now have to report donations and expenses each quarter. In addition, they also have to abide by restrictions similar to those for campaign accounts. Donations from labor unions, insurance companies, corporations, business entities, or professional associations cannot exceed $4,000 each year. Cash donations must be less than $50 and the report must include detailed information about contributors.
_ The General Assembly established a new Joint Legislative Elections Oversight Committee to give greater attention to both election and campaign finance matters. The 18-member committee will examine budgets, programs, and polices of the State Board of Elections and county boards of elections; election statutes and court decisions; election initiatives in other states, and other matters as necessary.
The law creating the oversight committee (SL2008-150) was a large bill that also included several other provisions to improve elections in North Carolina.
Among the new provisions are:
_ Reauthorization of the instant runoff voting pilot. This provision allows the State
Board of Elections to use instant runoff voting in up to 10 jurisdictions during the 2010 and 2011 elections. Instant runoffs allow voters to pick winners without having to hold costly separate runoff elections. The communities selected will be required to develop and participate in a plan to educate voters and candidates about instant runoff voting.
_ A prohibition on commingling campaign funds with other accounts. The treasurer for a
candidate or political committee must now keep all campaign money in accounts separate from private accounts or accounts into which other money is deposited.
Notes
_ Forbes magazine ranks North Carolina the 3rd Best State for Business in America. North Carolina improved from last year’s Forbes ranking of fifth. In addition, recent statistics from the U.S. Bureau of Labor Statistics show North Carolina is the 3rd best state for declining unemployment and 4th in the nation for job creation.
_ Saertex USA, a manufacturer of technical fabrics for lightweight composite structures for the green energy sector, will expand in Mecklenburg County. The company plans to create 178 jobs and invest $6.5 million over the next three years in Huntersville.
_ Siemens Energy, Inc., a global supplier of products and services for the generation, transmission and distribution of electric power, will expand its operations in Wake County. The company plans to add 139 jobs and invest at least $2.9 million by the end of 2014.
_ Reich LLC, a leading manufacturer of precision vehicle parts will bring a new production facility to Buncombe County. Reich plans to create 56 jobs over three years, while investing $28 million. The company plans to create 79 jobs and invest $33 million over a 5-year period.
_ Save-A-Lot, Ltd., a leading discount grocery chain, will build a new distribution center in Davidson County. The company plans to create 43 jobs and invest $24.45 million during the next three years in Lexington.
Prepared with the assistance of the Speaker’s Office of Communications
Oct. 14, 2010 From the Office of Representative Jimmy L. Love, Sr.
Several new laws went into place on the first of this month and I wanted to take this opportunity to inform you about a few of them with which you may not be familiar. These laws cover a variety of interests, from our Alcoholic Beverage Control system to our state contracting rules. In each instance, we have tried to pass commonsense laws that will protect the people of North Carolina or streamline our operations.
Thank you as always for your interest in North Carolina and state government. Please contact me if I can be of any service to you.
Better Government
_ In the face of several recent problems with our Alcoholic Beverage Control System, the General Assembly approved a law to modernize the system’s operations. The law (H1717) sets standards for enforcement of ABC laws, store appearance, efficiency and customer service. It also requires local boards to adopt ethics policies and create balanced budgets available for public inspection. Employees will no longer be allowed to directly supervise immediate family members and the salaries of general managers for the boards will generally be limited to the salary of the clerk of superior court in their county.
_We have improved the state’s contract oversight and procedures with a new law approved this past session. The law (S1213) increases the authority of the Secretary of Administration to oversee the review and awarding of contracts. It also requires the state’s Attorney General to review all contracts for supplies, materials, printing, equipment, and contractual services that exceed $1 million. The law prohibits the use of so-called “cost plus” contracts, where the vendor receives a fee based on the cost of the contract.
Consumer Protection
_ Insurance brokers and bail bondsmen, along with principals in finance companies and collection agencies now have explicit directions to report criminal or administrative actions against them or their companies to state regulators, usually within 10 days. The law (H1166) also requires those seeking insurance producer licenses in North Carolina to submit fingerprints to be used for criminal background checks.
_ North Carolina law will now provide additional protections to people working with cemetery companies. The new law (S18) requires that new potential owners of cemetery companies provide evidence that they have sufficient financial means before they are allowed to take ownership of the company. The law also requires the cemeteries to list the cost of opening and closing a grave as part of the contract and forbids them from requiring people who buy grave sites to buy vaults from a particular seller.
_ Homeowners in North Carolina will now be protected from scammers who trick them into selling their homes for less than half of their values to avoid foreclosure. The new law (S1015) also requires that lease option contracts and contract for deed transactions now be in writing to provide additional protections.
Notes
_ Novo Nordisk, a global healthcare company and leader in diabetes care, and Nypro Inc., a global leader in manufactured precision plastics products, will expand operations in Johnston County and Buncombe County. The companies plan to create 241 jobs over the next four years and will invest $161 million combined.
_ FCA, an Illinois-based custom packaging manufacturing company, will open a new facility in Edgecombe County. FCA selected the KanBan Logistics facility located in the Kingsboro Industrial Park to manufacture skids that will house advanced manufactured engines for Cummins, a large industrial company in the region. The company will employ 20 individuals initially with plans to grow to 40 employees.
Prepared with the assistance of the Speaker’s Office of Communications
Thank you as always for your interest in North Carolina and state government. Please contact me if I can be of any service to you.
Better Government
_ In the face of several recent problems with our Alcoholic Beverage Control System, the General Assembly approved a law to modernize the system’s operations. The law (H1717) sets standards for enforcement of ABC laws, store appearance, efficiency and customer service. It also requires local boards to adopt ethics policies and create balanced budgets available for public inspection. Employees will no longer be allowed to directly supervise immediate family members and the salaries of general managers for the boards will generally be limited to the salary of the clerk of superior court in their county.
_We have improved the state’s contract oversight and procedures with a new law approved this past session. The law (S1213) increases the authority of the Secretary of Administration to oversee the review and awarding of contracts. It also requires the state’s Attorney General to review all contracts for supplies, materials, printing, equipment, and contractual services that exceed $1 million. The law prohibits the use of so-called “cost plus” contracts, where the vendor receives a fee based on the cost of the contract.
Consumer Protection
_ Insurance brokers and bail bondsmen, along with principals in finance companies and collection agencies now have explicit directions to report criminal or administrative actions against them or their companies to state regulators, usually within 10 days. The law (H1166) also requires those seeking insurance producer licenses in North Carolina to submit fingerprints to be used for criminal background checks.
_ North Carolina law will now provide additional protections to people working with cemetery companies. The new law (S18) requires that new potential owners of cemetery companies provide evidence that they have sufficient financial means before they are allowed to take ownership of the company. The law also requires the cemeteries to list the cost of opening and closing a grave as part of the contract and forbids them from requiring people who buy grave sites to buy vaults from a particular seller.
_ Homeowners in North Carolina will now be protected from scammers who trick them into selling their homes for less than half of their values to avoid foreclosure. The new law (S1015) also requires that lease option contracts and contract for deed transactions now be in writing to provide additional protections.
Notes
_ Novo Nordisk, a global healthcare company and leader in diabetes care, and Nypro Inc., a global leader in manufactured precision plastics products, will expand operations in Johnston County and Buncombe County. The companies plan to create 241 jobs over the next four years and will invest $161 million combined.
_ FCA, an Illinois-based custom packaging manufacturing company, will open a new facility in Edgecombe County. FCA selected the KanBan Logistics facility located in the Kingsboro Industrial Park to manufacture skids that will house advanced manufactured engines for Cummins, a large industrial company in the region. The company will employ 20 individuals initially with plans to grow to 40 employees.
Prepared with the assistance of the Speaker’s Office of Communications
Oct. 7, 2010 From the Office of Representative Jimmy L. Love, Sr.
I wanted to update you this week on some more of the new laws that went into place this month. Some of these represent major changes in the way we do business in this state, such as clearer ethics rules and stronger environmental laws. Others will be less noticeable, but are still important to those people who are affected.
Thank you as always for your interest in North Carolina and state government. Please contact me if I can be of any service to you.
Open Government
_The Government Ethics and Campaign Reform Act of 2010 (H961) creates stronger standards for elected officials and government workers. Among other things, the act: increases the penalty for illegal campaign donations; improves the state’s campaign finance database by making it easier to search; makes complete salary histories of government workers public; requires the government to pay plaintiffs’ legal fees in cases where they are found to have violated open records laws without a written basis; increases economic disclosure requirements for judicial officers, legislators, and public servants.
_ Animal euthanasia technicians may be subject to more intense scrutiny of their backgrounds before they can be certified. A new law (H1741) allows the Department of Agriculture to reject certification for euthanasia technicians if they are convicted of felony drug laws, animal abuse or neglect or submitting a false application, in addition to other violations. The law also requires animal shelters that euthanize animals to register their shelters with the Department of Health and Human Services under the state’s Controlled Substances Act.
_ A new law will expand access to adoption information for family members. The law (H1463) allows adult siblings and half-siblings of living adoptees and adult family members of deceased adoptees or biological parents to have access to confidential services seeking to connect adoptees and their parents. The law also allows the intermediary to deliver a copy of a death certificate for the person being sought.
Environment
_ The General Assembly amended nearly 25 environmental laws in a single bill this past session. Among other things, the law (H1766) requires public agencies to recycle used fluorescent lights and mercury thermostats, require the removal of all fluorescent lights and mercury thermostats from buildings prior to demolition, and bans products containing mercury from unlined landfills. The law also prohibits the use of high-arsenic glass in public roads.
_ A person who has been issued a permit to remove a coyote now has an additional option under legislation approved this year by the General Assembly. A new law (H1824) allows the use of a humane, live capture collar trap. The trap works by throwing a cable loop over the animal’s head. The end of the loop is anchored in the ground. The law requires that the trap be checked daily and that a dog or any other animal not targeted by the trap be released unharmed. The law was recommended by the House Select Committee on Coyote Nuisance Control.
Miscellaneous
_ Senior Resident Superior Court judges will no longer be determined based solely on their seniority. A new law (H1398) allows the Chief Justice of the North Carolina Supreme Court to select the senior resident judge after consulting with the district court judges, members of the local bar, clerks of court, district attorneys, public defenders and others within the district.
Prepared with the assistance of the Speaker’s Office of Communications
Thank you as always for your interest in North Carolina and state government. Please contact me if I can be of any service to you.
Open Government
_The Government Ethics and Campaign Reform Act of 2010 (H961) creates stronger standards for elected officials and government workers. Among other things, the act: increases the penalty for illegal campaign donations; improves the state’s campaign finance database by making it easier to search; makes complete salary histories of government workers public; requires the government to pay plaintiffs’ legal fees in cases where they are found to have violated open records laws without a written basis; increases economic disclosure requirements for judicial officers, legislators, and public servants.
_ Animal euthanasia technicians may be subject to more intense scrutiny of their backgrounds before they can be certified. A new law (H1741) allows the Department of Agriculture to reject certification for euthanasia technicians if they are convicted of felony drug laws, animal abuse or neglect or submitting a false application, in addition to other violations. The law also requires animal shelters that euthanize animals to register their shelters with the Department of Health and Human Services under the state’s Controlled Substances Act.
_ A new law will expand access to adoption information for family members. The law (H1463) allows adult siblings and half-siblings of living adoptees and adult family members of deceased adoptees or biological parents to have access to confidential services seeking to connect adoptees and their parents. The law also allows the intermediary to deliver a copy of a death certificate for the person being sought.
Environment
_ The General Assembly amended nearly 25 environmental laws in a single bill this past session. Among other things, the law (H1766) requires public agencies to recycle used fluorescent lights and mercury thermostats, require the removal of all fluorescent lights and mercury thermostats from buildings prior to demolition, and bans products containing mercury from unlined landfills. The law also prohibits the use of high-arsenic glass in public roads.
_ A person who has been issued a permit to remove a coyote now has an additional option under legislation approved this year by the General Assembly. A new law (H1824) allows the use of a humane, live capture collar trap. The trap works by throwing a cable loop over the animal’s head. The end of the loop is anchored in the ground. The law requires that the trap be checked daily and that a dog or any other animal not targeted by the trap be released unharmed. The law was recommended by the House Select Committee on Coyote Nuisance Control.
Miscellaneous
_ Senior Resident Superior Court judges will no longer be determined based solely on their seniority. A new law (H1398) allows the Chief Justice of the North Carolina Supreme Court to select the senior resident judge after consulting with the district court judges, members of the local bar, clerks of court, district attorneys, public defenders and others within the district.
Prepared with the assistance of the Speaker’s Office of Communications
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