Sen. Berger’s Greetings from Raleigh


On July 18, 2008, the 2008 Short Session of the General Assembly adjourned.

The session began on May 13, 2008, and lasted 68 days. We passed 229 bills and 31 joint resolutions. The Governor has 113 bills sitting on his desk waiting for his signature.

In this edition of the newsletter, I have listed what I think are the top 10 pieces of legislation that were passed by the General Assembly. (The budget bill is not included in this list.)

1. Jessica Lunsford Act for North Carolina

Jessica Marie Lunsford was a nine-year-old girl who was abducted from her home in the early morning hours of February 24, 2005. She was raped and later murdered by a 47-year-old. This tough new law aimed at sex offenders and predators is named in memory of Jessica. As a result of this new law, a person convicted of child rape must serve at least 25 years in jail. A judge can sentence a child rapist to life imprisonment without parole. Today, Governor Easley will sign the bill into law in Gastonia where Jessica Lunsford was born. Her father will be present at the ceremonial signing.

2. Street Gang/Prevention and Intervention

This legislation sets forth definitions for what constitutes gang activity and makes it a Class F felony for those persons who assume leadership roles in gang-related crimes. It also makes it a Class F felony to encourage someone under age 16 to join a gang. Furthermore, the law makes it difficult for a person charged with a gang-related crime to get out of jail by posting a bond.

3. Emergency Foreclosure Reduction Program

This legislation empowers the Commissioner of Banks to intervene to give additional time for qualified homeowners to avoid foreclosure.

4. Drought/Water Management Recommendations

This legislation increases the power of the Governor to manage and allocate water resources during a drought. There is an express provision that private wells will be unaffected by this legislation.

5. Protect Children from Sexual Predators Act

This law bans registered sex offenders from joining social networking sites on the internet. It imposes civil liability on such web-based companies, such as MySpace, for the failure to take reasonable measures to prevent registered sex offenders from accessing their website. It prevents registered sex offenders from being able to change their names. I was one of the senators who served on the Conference Committee between the Senate and House on this legislation and signed in favor of the Conference Report.

6. Improve Coastal Stormwater Management

This legislation disapproved the adoption of stringent stormwater rules adopted by the Environmental Management Commission. It sets forth new rules concerning stormwater management on the coastal region based upon a compromise reached by advocates for development and advocates for the environment.

7. Cleanup of Abandoned Manufactured Homes

This legislation empowers counties to establish a disposal fee to pay for the cleanup of abandoned manufactured homes and to contract with a private entity to dispose of abandoned manufactured homes.

8. Wildlife Land Property Tax Changes

This legislation provides property tax relief to property owners whose land qualifies as wildlife conservation land. The legislation sets forth the requirements for what constitutes wildlife conservation land.

9. Vandalism Damages More Than $5,000/Felony

Under current law, damage to real property, regardless as to the value of the real property, has been only punishable as a misdemeanor. This legislation now elevates damage in excess of $5,000 as a felony.

10. Some Person Leave Time/No Penalty

This legislation reverses a decades-old requirement that made teachers pay a $50 fee to reimburse substitutes for teachers to use their own personal days.

The 2007-2008 Session was busy; I feel that we accomplished a great many positive things, but there is much left to be done. I welcome your comments, questions, and concerns. As I have told you before, I consider it a privilege to represent you in the Senate, and I take this responsibility very seriously. By working together, we can better the lives of everyone in District 7, in North Carolina, and in this great country.