ADJOURNMENT Gov. Mike Easley signed the state budget bill
into law this week, clearing the way for the General Assembly to adjourn
Friday. We completed the session by approving important legislation on a number
of matters, including drought management and planning, mortgage foreclosure
protections, driver's license changes, ethics, election reform and anti-gang
legislation. This newsletter includes a description of some of these major
items we addressed and I'll be sharing more information with you in the weeks
to come.
I am truly enjoying being home this weekend and will take a few days off before
returning to Raleigh
to begin working on interim committee work on education, justice and public
safety issues. Thank you, as always, for your interest in state government and
please let me know if I can be of any service.
END OF SESSION
RECAP
TRANSPORTATION
The General Assembly approved changes this week to how driver's licenses are
made and distributed. One bill would allow the state Division of Motor Vehicles
to use new laser-engraving technology that would embed photos into the licenses
and help reduce fraud. The bill (S1799) also allows driver's licenses to be
mailed to people's homes or a post office box if they don't have a street
address.
The change is part of new process for how licenses are made and distributed.
The revised procedure is designed to make it more difficult to fraudulently
obtain licenses. Licenses will now be centrally distributed out of Raleigh and there will be
a 20-day waiting period. During this time, drivers will be issued a temporary
permit and can use their existing license for identification.
The mailing provision is expected to make the waiting period more convenient by
eliminating the need for applicants to return to their DMV offices to pick up
their licenses.
CRIME
The General Assembly has given approval to
anti-gang legislation that would create several felonies for those who take
part in gang activity. Those who commit drive-by shootings, solicit people to
join gangs or threaten those who try to leave a gang would be subject to
felonies under the bill (H274). Property acquired for gangs or resulting from
gang activity could be taken. The bill provides the state's first legal
definitions of gang activity. Gov. Mike Easley has already signed a separate
bill (S1358) that addresses gang intervention and prevention programs. The
state budget includes $10 million for gang prevention grants.
The General Assembly also gave final approval to a bill titled "Jessica's
Law." The bill is named for Jessica Lunsford, a former North Carolina resident who was raped and murdered in Florida at the age of 9
by a convicted sex offender. The (H933) bill will make the rape or sexual
offense committed on a child punishable by up to life in prison without parole
with a mandatory minimum 25-year sentence with lifetime GPS monitoring. This
bill also increases penalties associated with the exploitation/prostitution of
a minor, strengthens sex offender registry requirements and limits contact
offenders have with victims and on what premises.
This bill requires sex offenders to be 300 feet or more away from places where
minors are prevalent. Any sex offender not on the registry for a life
term will be on the list for 30 years. The bill now goes to the governor for
his signature and is a compliment to the nation's most comprehensive sex
offender prevention and punishment legislation we passed and that I helped
write in 2005-06.
In addition, in SB 1736, felony child abuse was added to the list of sex
offender registry offenses when the offense involves prostitution of a juvenile
or the commission of a sexual act on a juvenile. The Act also prohibits sex
offenders from using on-line internet services to prey on children.
In a bill I sponsored, HB 1624 passed on the last day of session. This
bi-partisan bill limits the frequency of parole hearings for first and second
degree murderers so that the families of victims of these horrific crimes do
not have to be put to through the trauma of reliving the crimes every year at a
parole hearing when the prisoner is not ready to be paroled. Current law
required that these prisoners receive a hearing every year; this bill says they
are not entitled to hearings for 3 years.
HEALTH
The General Assembly this session took expanded steps to improve public health
by further limiting the damage from second-hand smoke. Bills were passed
that protect state workers and passengers by making all vehicles owned,
operated and leased by the state smoke-free and clarifies local governments can
do the same ( SB 1681). In addition, power was given to each community
college to make their campuses smoke free. Last year, we made all public
schools and the university campuses in the state smoke-free and the year before
all state government buildings were also declared smoke-free with local
governments given back the authority to do the same in their buildings.
In HB 2338, hospitals and physicians are now required to report serious, non-accidental
trauma injuries of children to law enforcement as recommended by the child
fatality task force.
HB 2340 increases the protection of children who ride in the back of pickup
trucks or open beds of vehicles by raising the minimum age to do so, removing
the exemption that makes allowances for small counties, and increases the
penalties to be in line with other child safety violations as recommend by the
state's Child Fatality Task Force. In the last few years, there have been
8 accidental deaths and 127 injuries to child residents under 16 in NC who were
riding in the backs of pick up trucks.
MILITARY
HB 2768, part of which originated with Charlie
Powers and folks in Linden,
and which I drafted, adds to the ability of the state to work with the Wounded
Warrior program and allows wounded returning soldiers to more easily
participate in out of season hunts with the Wounded Warrior program in concert
with the state Wildlife Commission.
HB 2683 adds North Carolina to the new
Interstate Compact on educational Opportunity
for Military Children. Representatives Dickson, Grier Martin of Raleigh
and myself sponsored the bill, which is designed to eliminate many of the
problems of students who transfer in and out of military base communities,
making access of records far more prompt, easing enrollment requirements and as
well as academic placement, and providing faster exceptional children's
services.
HB 2414, sponsored by Representatives Dickson, Lucas, McAllister and myself,
and Senator Rand, passed this session, allowing Fayetteville and Spring Lake
to annex certain portions of Ft.
Bragg as of October 1,
2008.
DROUGHT
A bill to improve the state's response to
droughts was approved this week in the House. The bill (H2499) gives the
Governor more authority during a drought to work with local governments to help
them address water shortages and makes other changes to improve how we manage
droughts. The bill also would require public water providers to develop drought
and water shortage plans while heavy water users would be subject to stricter
reporting requirements. The bill was the result of collaboration between many
different interests, including municipalities, businesses, farmers and private
residents. The bill must now be signed by the Governor.
MORTGAGES
The General Assembly has approved a bill that
will give mortgage holders more time to work out a plan with their banks before
losing their homes. The bill (H2623) requires lenders to give homeowners 45
days notice before starting foreclosure proceedings and gives the
state bank commissioner authority to delay foreclosures for 30 days in hopes of
coming up with a new payment plan. The bill is one of several we have approved
recently to help cope with the ongoing mortgage crisis. HB 2463 provides
additional regulation of the mortgage servicing industry and requires mortgage
servicer licensure under the Mortgage Lending Act.
EDUCATION
HB 15 was passed which provides that teachers
can not be penalized for taking a personal leave day when it is a day that no
students will be present for classes.
JUSTICE
A Senate judiciary committee has approved a
bill that will give people who are wrongfully convicted and pardoned by the
Governor as actually innocent of the crime $50,000 for every year they spent in
jail once they are fully exonerated. Existing law allows only $20,000 a year
and caps the total award at $500,000.
The bill (H2105) would increase the cap to $750,000 and allow job training and
tuition for community colleges and public universities. This bill makes NC law
consistent with a recent federal law and laws in a number of other
states. Seven NC residents in the last 8 years have been given a full
pardon of innocence for crimes they never committed, many having served near or
over a decade in prison while the real criminal was at large and free to commit
further crimes.
In SB 180, son of video poker industries, now called server-based electronic
sweepstakes games, were outlawed.
ETHICS
Several bills were passed which strengthen the state's ethics and lobbying laws
after the first full year of experience under one of the nation's most
restrictive and comprehensive ethics reform laws.
I chair the Joint Legislative Ethics Commission and have been involved on
almost a weekly basis with ethics reform issues in the General Assembly and
improving public confidence in the operations of the legislature, which have
been a primary and successful objective of Speaker Hackney and his staff.
ENVIRONMENT
SB 1967, a long negotiated bill, provides for improvement in the management of
stormwater pollution in the 20 coastal counties of North Carolina. This measure is a
significant achievement in the protection of coastal water quality.
HB 2353, like much environmental legislation, establishes substantial
regulation and licensure procedures for irrigation contractors in the
state.
Thanks again for taking the time to read this newsletter and please accept my
best wishes for a wonderful and relaxing remainder of the summer.
Take
care --see you soon!

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