The General Assembly moved closer to a final budget deal this week, but is now weighing a request from Gov. Perdue to change some elements of the proposed tax package.
Legislators will continue to work on a plan that best spreads around the costs of protecting education and health and human services.
As the legislative session heads toward its conclusion, we moved a number of important pieces of legislation through the House. We have approved reforms to our state’s 50 year old annexation law and have improved upon laws related to crime and public safety. We have also worked to pass legislation that will help improve our state’s energy efficiency and move North Carolina toward a sustainable, green economy.
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.
Crime
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 the controlled substance in the powder or liquid mixture (SB 1091). The intent of the bill is to strengthen the state’s drug laws. The bill will now return to the Senate for a concurrence motion.
A bill to clarify procedures in civil actions for alienation of affection and criminal conversation has been ratified by the General Assembly (HB 1110). Under the legislation, a defendant would no longer be liable in an alienation of affection or criminal conversation suit if the action were to occur after the plaintiff and the plaintiff’s spouse had physically separated with the intent of either the plaintiff or plaintiff’s spouse that the physical separation remain permanent. The bill also clarifies that an action for alienation of affection or criminal conversation shall not be commenced more than three years from the last act of the defendant giving rise to the cause of action. The bill will now be presented to Gov. Perdue to be signed into law.
Safety
We have ratified legislation to clarify domestic violence laws to mandate that when a law enforcement officer shall arrest a person who has knowingly violated a valid protective order, despite the 2006 holding by the NC Court of Appeals in Cockerham-Ellerbee vs. the Town of Jonesville (HB 1464). The bill will now be presented to Gov. Perdue to be signed into law.
The General Assembly has ratified a bill that would amend the procedure for obtaining a domestic violence protective order or civil no-contact order and clarify the enforcement and application of a penalty enhancement if a defendant commits an offense while under a domestic violence protective order (HB 115). The legislation would also support a statewide domestic violence protective order notification system and investigate the costs of implementing such a system. In addition, the bill would direct the appropriate entities to study state oversight and coordination of services for victims of sexual violence. The bill will now be presented to Gov. Perdue to be signed into law.
A bill that would ensure that acts of violence in schools are reported to the local superintendent or the superintendent’s designee has passed both bodies of the Legislature (HB 1078). If enacted, the legislation would also require local boards of education to adopt a policy on notification to the parents or legal guardians of students alleged to be victims of any act required to be reported to law enforcement and the superintendent. The bill will now be sent to Gov. Perdue to be signed into law.
An act to statutorily establish the Division of Emergency Management within the Department of Crime Control and Public Safety has been ratified by the General Assembly and sent to Gov. Perdue to be signed into law (HB 378). Previously the department only had authority granted through executive orders issued by the governor.
Annexation
House lawmakers have approved reforms to the state’s 50-year-old annexation law (HB 524). The legislation addresses the issue of how cities and towns expand into adjoining areas through the annexation of property. If enacted, North Carolina’s annexation law would now give residents of a community the opportunity to vote on whether they wish to be annexed by an adjoining town or city. In order for there to be a referendum, opponents of annexation must collect signatures from 15 percent of voters in the city and the area to be annexed. The bill will now go to the Senate for further consideration.
Energy/Environment
The sunset for the credit for investing in renewable energy property would be extended under a bill that passed the House this week (HB 512). The credit was originally set to sunset on January 1, 2011, but it would now be extended to January 1, 2016. The intent of the credit is to offer an incentive to encourage property owners to invest in renewable energy property in North Carolina. The bill will now go to the Senate for further consideration.
Certain North Carolina dams used in connection with electric generating facilities would be subject to the Dam Safety Act under a bill that has been ratified by the General Assembly (SB 1004). The legislation would allow the Department of Environmental and Natural Resources (DENR) to inspect the structural soundness of coal ash dams. Under current law, utility companies submit their own engineering reports to the state Utilities Commission and are not subject to inspection by an outside entity. Giving DENR the capability to inspect these facilities is important because North Carolina has 12 of the 44 most hazardous coal ash ponds in the US according to the EPA. The bill would 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. Another provision in the bill would make it easier for Progress Energy to comply with its requirements under the Clean Smokestacks Act by switching to natural gas rather than putting the same amount of money into scrubbing coal. Natural gas is far cleaner and more efficient. The bill will now be presented to Gov. Perdue to be signed into law.
Miscellaneous
The Disabled Veteran Property Tax Homestead Exclusion would be increased under a bill that passed the House this week (HB 594). The law applies to a permanent residence owned and occupied by an owner who is a North Carolina resident and who is an honorably discharged disabled veteran or the unmarried surviving spouse of an honorably discharged disabled veteran. Under current law, the first $45,000 of the appraised value of such a residence is excluded from taxation. This new law would increase that amount to $65,000. The bill will now go to the Senate for further consideration.
Legislation that would require health benefit plans and the State Health Plan to cover hearing aids and replacement hearing aids was approved in the House this week (HB 589). If enacted, the legislation would require every health benefit plan, including the State Health Plan for Teachers and State Employees, to provide coverage for one hearing aid per hearing-impaired ear, up to $2,500 per hearing aid, every 36 months for covered individuals under the age of 22 years. The bill will now go to the Senate for further consideration.
State lawmakers have passed a bill that will help North Carolina start making preparations for the impact of aging baby boomers on our state (SB 195). The legislation would direct the University of North Carolina Institute on Aging and the Division of Aging and Adult Services within the Department of Health and Human Services to take a leadership role in helping our state prepare for increased numbers of older adults. The bill will now be sent to Gov. Perdue to be signed into law.
State lawmakers have passed legislation that would allow the Department of Transportation (NC DOT) to help fund fixed rail projects that do not receive federal funds (HB 1005). Under the bill, state funds could also be used to pay administrative costs incurred by NC DOT while participating in such fixed guideway projects. The bill will now be presented to Gov. Perdue to be signed into law.
Meetings/Events
I plan to attend the following meetings/events:
Please invite me to attend your county, city, community or civic, etc. meetings or events.
As I’ve said many times before, I hope you will continue to let me know how you feel about the issues that are being debated by the North Carolina Legislature and the challenges you and your family are facing each day.
By working together, we can make Northampton, Vance and Warren Counties and all regions of North Carolina a better place to live, work and raise a family.
Please remember that you can listen to each day’s session, committee meetings and press conferences on the General Assembly’s website. Once on the site, select “audio,” and then make your selection — House Chamber, Senate Chamber, Appropriations Committee Room or Press Conference Room.