Pricey Harrison

Hurricane Katrina Fundraiser Tonight

2005-09-20T13:06:00.000-07:00

DonorsChoose is having a fundraiser in Durham tonight to benefit students and teachers displaced in the aftermath of Hurricane Katrina. Please visit http://www.donorschoose.org/event_nc.php to learn more about the event.

Gasoline

2005-09-06T17:37:00.000-07:00

As gas prices rise across North Carolina and the country, North Carolina Attorney General, Roy Cooper, suggests North Carolina consumers watch out for price fixing by gas stations and to take steps to save money at the pump.

North Carolina has laws against price fixing, which can occur when competitors agree together to raise or fix their prices. Any consumers who have evidence of price fixing by gas stations in their area are encouraged to file a complaint with the AG’s office. You can do so by visiting www.ncdoj.com or by calling 1-877-5-NO-SCAM. Cooper also wrote to the Federal Trade Commission asking it to monitor the gasoline market in North Carolina for any illegal practices.

Consider the following tips you can follow to save money on gas:

Shop around. Encourage competition by taking your business to gas stations with lower prices.
Slow down. Keeping your speed down means you're burning less of that expensive gas. Using cruise control and the overdrive gear on your car can also help.
Tune up. To increase your miles per gallon, keep your engine tuned, replace clogged oil and air filters, and make sure your oxygen sensor works properly. Using the right grade of motor oil for your car and keeping your tires properly inflated will also help.
Stick to regular gas unless your owner's manual specifies you need a higher grade.
Plan your route. Combine trips to save gas. For example, run errands while on your way to work or while taking your kids to school. Also, consider carpooling or use public and alternative forms of transportation.
Pick the right vehicle. If you own more than one car, drive the one that gets the best gas mileage.
Don't idle. Turn off your engine if you plan to sit for awhile.
Don't overload your trunk. Clear unnecessary things from your trunk and avoid hauling large items on your roof to improve your gas mileage.

Schools:K-12-Universities

2005-09-06T17:33:00.000-07:00

Superintendent June Atkinson and the State Board of Education organized a coordinated effort among NC school systems and schools as well as DPI and the SBE to provide assistance.North Carolina school districts have already begun to receive students for enrollment from the Gulf Coast states affected by Hurricane Katrina. Thank you for what you have already done to help these students and their families. It is our goal to serve these children and their families when they move to our state.Many of these youngsters will not have immunization records, school records or otherpaperwork with them, but State law (115C-366(a3)(1)e) specifically authorizes a student who is not a domiciliary of a local school administrative unit to attend based on the un-inhabitation of the student's home as the result of a natural disaster. A student meeting these criteria should be admitted and registered (NC WISE) or enrolled (SIMS) as a visiting student.

UNC President Molly Corbett Broad announced that the 16 campuses of the University of North Carolina are committed to assisting students enrolled at universities that have been forced to close as a result of Hurricane Katrina. All campuses will accommodate impacted students on a space-available basis.Preference will be given to North Carolina residents who are attending one of the affected universities, but accommodation shall be as extensive as the campus can reasonably provide. As for our own faculty, staff or students personally impacted by the disaster, we are prepared to assist them during this difficult time.The Commission on Colleges of the Southern Association of Colleges and Schools is maintaining a listing of institutions offering assistance to affected students, including all 16 UNC campuses at http://www.sacscoc.org/.For specific information about accommodations provided by UNC campuses, please visit the corresponding campus website.

Donations and Volunteering

2005-09-06T17:30:00.000-07:00

Citizens in North Carolina who want to donate money to help with relief efforts in other states can call the N.C. Disaster Hotline toll free at 1-888-835-9966 between 8 a.m. and 6 p.m. Monday through Friday. The money that is collected will be sent to the other states to use for their immediate needs.

The N.C. Disaster Relief Fund is managed by the Governor’s Office in partnership with United Way of North Carolina. There is no administrative cost associated with the fund, and 100 percent of the donated funds will go to the victims. Make checks payable to the N.C. Helping Neighbors Fund and mail to:
N.C. Helping Neighbors Fund
Office of the Governor
20312 Mail Service Center
Raleigh, NC 27699-0312

Based on experience with previous disasters and what we hear the federal government, the best form of assistance is cash donations. Donations of food and clothing are particularly difficult to coordinate over long distances. See the information below. Also please remember that your municipality or county cannot contribute cash.

Voluntary organizations are seeking cash donations to assist victims of Hurricane Katrina in Gulf Coast states, according to Michael D. Brown, Under Secretary of Homeland Security for Emergency Preparedness and Response. But, volunteers should not report directly to the affected areas unless directed by a voluntary agency.

Cash donations are especially helpful to victims," Brown said. "They allow volunteer agencies to issue cash vouchers to victims so they can meet their needs. Cash donations also allow agencies to avoid the labor-intensive need to store, sort, pack, and distribute donated goods. Donated money prevents, too, the prohibitive cost of air or sea transportation that donated goods require."

Volunteer agencies provide a wide variety of services after disasters, such as clean up, childcare, housing repair, crisis counseling, sheltering and food.

Here is a list of phone numbers set up solely for cash donations and/or volunteers:

DONATE CASH:
American Red Cross
1-800-HELP NOW (435-7669) English, 1-800-257-7575 Spanish;
Operation Blessing
1-800-436-6348
America's Second Harvest
1-800-344-8070

DONATE CASH AND VOLUNTEER:
Adventist Community Services
1-800-381-7171
Catholic Charities, USA
703 549-1390
Christian Disaster Response
941-956-5183 or 941-551-9554
Christian Reformed World Relief Committee
1-800-848-5818
Church World Service
1-800-297-1516
Convoy of Hope
417-823-8998
Lutheran Disaster Response
800-638-3522
Mennonite Disaster Service
717-859-2210
Nazarene Disaster Response
888-256-5886
Presbyterian Disaster Assistance
800-872-3283
The Salvation Army
1-800-SAL-ARMY (725-2769)
Southern Baptist Convention -- Disaster Relief
1-800-462-8657, ext. 6440
United Methodist Committee on Relief
1-800-554-8583

For further information: visit the website for the National Voluntary Organizations Active in Disaster (NVOAD) at: http://www.nvoad.org/.

Local Efforts-Hurricane Katrina

2005-09-06T17:19:00.000-07:00

The State Emergency Management Team has been coordinating potential local aid for Katrina (State or Federal). They have been asked to follow certain protocol, as folks who show up to help may cause additional hardships because there are no accommodations for them either.
All requests for assistance will come from the State of North Carolina, and will filter down to the local emergency teams.
This information came from Mike Guzo, Search and Rescue Coordinator, Assistant Coordinator Emergency Services, North Carolina Division of Emergency Management. He states that Police and Fire are currently on stand-by, in a readiness mode. If any request for deployment is received from the State, he will notify local governments ASAP.

Statewide Efforts To Aid Katrina Victims

2005-09-06T17:17:00.000-07:00

The N.C. Division of Forest Resources (NCDFR) has dispatched 27 employees trained in disaster relief to Louisiana. They will partner with another eight Division employees, who were sent last week to Florida to help that state recover from Katrina. The 35 NCDFR staff will assist FEMA teams who are receiving and distributing ice, bottled water, ready-to-eat meals, canned foods, portable lights, batteries, first aid kits and other relief supplies to victims of the hurricane.
The N.C. Department of Transportation (NCDOT) has offered assistance with bridge repairs, debris removal and traffic control in affected states. NCDOT crews are on standby and ready to respond as needed.
The N.C. Department of Environment and Natural Resources’ (NCDENR) Division of Forest Resources has dispatched a total of 80 employees trained in disaster relief to the Gulf Coast to help victims of Hurricane Katrina. The staff will assist FEMA teams who are receiving and distributing ice, bottled water, ready-to-eat meals, canned foods, portable lights, batteries, first aid kits and other relief supplies to victims of the hurricane.
NCDENR’s Division of Environmental Health is assembling teams of state and local food specialists and onsite wastewater specialists to leave as early as Sunday for Louisiana for a two-week period. These individuals will assist Louisiana officials in determining if restaurants are safe to reopen and septic systems are viable for use.

The N.C. Department of Commerce (NCDOC) is offering its experience regarding disaster recovery programs, particularly related to hurricane and flood damage, to the Departments of Commerce in Louisiana, Mississippi and Alabama. These programs will work to bring quick relief to businesses owners and shorten the turnaround time to get the businesses back in operation. The NCDOC is also ready to offer states affected by Hurricane Katrina advice and technical assistance with state business assistance programs.
The N.C. Department of Juvenile Justice and Delinquency Prevention’s (NCJJDP) Center for the Prevention of School Violence will provide technical assistance and expertise on disaster recovery to the Mississippi Safe Schools Center. Officials in Mississippi have stated that, “32 out of 152 school districts in Mississippi are out of operation with major structural damage.” NCJJDP is awaiting a list of needs from Mississippi to determine next steps with its technical assistance provision.

In addition, the Division of Emergency Management has offered staff to assist with damage assessment and donation management. The divisions of Facility Services and Emergency Management also are preparing to send a field hospital with a team of physicians, nurses and paramedics to the region later this week.
The N.C. Department of Crime Control and Public Safety (NCCCPS) and the N.C. National Guard are deploying 300 troops to the Gulf region. Troops will help rescue stranded refugees, provide assistance to the sick and injured, hand out supplies of food, water and ice, and provide traffic and crowd control.
The N.C. Department of Health and Human Services’ (NCDHHS) Division of Public Health has 21 employees on standby to join recovery efforts. In addition, the division has provided the affected states with hurricane educational materials that were developed during Hurricanes Fran and Floyd. The NCDHHS Division of Facility Services is coordinating a portable 110-bed hospital deploying this weekend to serve survivors in the New Orleans area. Sixty medical specialists from across the state, ranging from surgeons and anesthesiologists to nurses and paramedics, will join this effort.

The Division of Public Health has 21 employees on standby to join recovery efforts. In addition, the division has provided the affected states with hurricane educational materials that were developed during Hurricanes Fran and Floyd.

The Department of Cultural Resources has offered its resources to FEMA and will work with the N.C. Museums Council, the Southeastern Museums Conference and the American Association of Museums to organize support for art museums, archival collections, and historical museums in affected states. Help can include technical assistance, refrigeration for archival materials, climate controlled storage space for objects and archival materials, communications and other appropriate measures.

Gov. Mike Easley has ordered select N.C. National Guard armories to open Monday morning as storm shelters to provide refuge for those fleeing the path of the then-Category 5 hurricane. Shelters remain available in Asheville, Gastonia and Charlotte.

Brenda Hodge, communications officer for the Louisiana Senate, has provided the following Internet link for anyone who may be interested in helping with Katrina relief efforts: http://2theadvocate.com/livepages4/830.shtml.

Michael D. Brown, Under Secretary of Homeland Security for Emergency Preparedness and Response and head of the Federal Emergency Management Agency (FEMA), urged all fire and emergency services departments not to respond to counties and states affected by Hurricane Katrina unless requested and lawfully dispatched by state and local authorities under mutual aid agreements and the Emergency Management Assistance Compact.

The U.S. Fire Administration, part of FEMA, asks that fire and emergency services organizations remain in contact with their local and state emergency management agency officials for updates on requirements in the affected areas.

FEMA prepares the nation for all hazards and manages federal response and recovery efforts following any national incident. FEMA also initiates mitigation activities, trains first responders, works with state and local emergency managers, and manages the National Flood Insurance Program and the U.S. Fire Administration. FEMA became part of the U.S. Department of Homeland Security on March 1, 2003

In The News...Hurricane Katrina

2005-09-06T17:07:00.000-07:00

We have heard from a number of people who want to know how to provide assistance to governments, communities and families affected by Hurricane Katrina. Please let your county emergency management agency know that you have assistance available. Then go to www.ncmutualaid.org and respond to particular requests for assistance. The League of Municipalities and the Association of County Commissioners will be working with appropriate state and federal agencies to coordinate requests for assistance.

It may take some time to determine exactly where and what assistance will be needed. Mutual aid needs to be coordinated through North Carolina's Emergency Management Division in order for a local government to qualify for reimbursement under the Stafford Act. Remember that this disaster is a different situation from disasters that have previously occurred within the state.

Greetings From Raleigh 9-06-05

2005-09-06T16:58:00.000-07:00

I hope you find this special blog update with information about Hurricane Katrina useful and that you'll contact me about your views. You can reach me in Raleigh at (919) 733-5771 or by sending me an e-mail at this address. You can also send mail to me at the NC Legislative Building, Room 2119, Raleigh, NC 27601-2808.

Let’s keep the people of New Orleans in our thoughts and prayers. Hope you had a good Labor Day Weekend!

Cheers,

Pricey

In Other News...(9-02-05)

2005-09-02T20:28:00.000-07:00

The House completed work on several remaining bills this week before adjourning for the year. Below is a quick snapshot of some of the bills that were approved by the House and/or the Senate in the last several days:

Meth Lab Prevention – One of the most important accomplishments of this year’s session is passage of the Meth Lab Prevention Act, which seeks to reduce the growing crime problem across our state. The House passed what was described as the most comprehensive anti-meth lab bill in the country on Tuesday, which was slightly different that a version previously approved by the Senate. When it became clear that the Senate would not return to vote on the House approved stronger bill, the House approved the Senate's rewrite of HB 248 on Wednesday in order to have an anti-meth law before next May. We hope to have a stronger measure, summarized below, approved next year.

The unanimously approved legislation would keep certain cold medicines containing pseudoephedrine and ephedrine, which are used in the illegal manufacturing of meth, behind a pharmacy counter. Gel caps and products intended for children under 12 would remain on shelves, although a state commission would have the power to restrict those items further. Consumers will need to show photo identification and sign a log before buying the medicine, and would be limited to no more than two products at once and three a month. The bill now awaits the Governor’s signature to become law.

Law-enforcement officials say that small, home labs for making meth have become more common in recent years. There were nine meth labs discovered in 1999, and 322 in 2004, according to the Attorney General’s office.
The House and Senate passed different versions of the legislation earlier in the session and have worked together over the last several weeks to reach a compromise.

The more comprehensive and stronger anti-meth bill which was passed by the House on Tuesday would have restricted the sale of all medicine containing pseudoephedrine by putting the medicine behind either a pharmacy counter or behind a single locked cabinet at a retail store if no pharmacy counter is present. The bill also required security measure such as video surveillance of sales areas or anti-theft devices on the medications. Individuals buying cold medicine would be required to register their name and address in a logbook and would not be permitted to buy more than 2 packages in one transaction and no more than 3 packages per month. In addition to the restrictions on purchases of cold medicine, the bill also included requirements for all wholesale distributors to report transactions involving pseudoephedrine products to the State Bureau of Investigation every month.
The legislation also would increase penalties on those arrested for meth production. Under the stronger bill, any person arrested for the manufacturing of meth or for possession of chemicals believed to be used for the production of meth can be denied bail if that person is dependent on the drug or has a pattern of meth use. This provision would assure the safety of the community by not allowing a known offender immediately back out on the street.
North Carolina’s meth problem has increased tremendously over the past few years, and legislators, the Governor, and Attorney General Roy Cooper have been working to battle the spread of secret drug labs that produce the dangerous drug. In 2004, 124 children were found living in meth labs in the state. Children in these homes are threatened by toxic chemicals, fire, and explosions, and are often neglected or abused. Thus far in 2005, more than 50 children have been removed from homes where meth was being made.

Military Support Act (SB 1117) – The Legislature gave final approval to the 2005 Military Support Act, which will help the careers of military spouses, the schooling of their children, and the morale of those left behind during deployments. The Senate voted unanimously in favor of changes made Monday night by the House to the 2005 Military Support Act. The measure now goes to Governor Easley for his signature. The bill would set aside $1 million apiece for conservation easement purchases around the installations and quality-of-life and morale programs for the military. The bill attempts to make college tuition less expensive for the dependents of retired military personnel by giving them the in-state rate. The legislation would also work to ease state licensing requirements for military spouses who have professional licenses issued in other states.

$150 Bonus for State Employees (HB 575) – The House overwhelmingly approved a bill on Monday night that would give a $150 bonus to state employees making less than $50,000 per year. This increase was suggested during the final budget discussions several weeks ago, but was not supported by Gov. Mike Easley and the Senate. The House voted 109-3 for the legislation; however, it will not be considered by the Senate until next May at the earliest.

Additional Anti-Crime Measures (SB 61) – The House approved legislation on Wednesday that seeks to strengthen the laws against impaired driving by increasing the punishment for felony death by vehicle and to expand the number of judges and assistant district attorneys in several jurisdictions. The measure also would allow a victim of a sexually violent offense or the victim’s family to obtain a civil no-contact order against a registered sex offender who resides or works within a quarter mile of the victim’s residence, school, place of employment, or other specific location.

Global Warming Study Commission (SB 1134) – The General Assembly gave its final approval to legislation that creates a legislative commission to study global warming’s impact on North Carolina. The House and Senate agreed to a compromise worked out that would create a 32-member commission. The panel could recommend a pollution-reducing goal when it reports to the General Assembly by November, 2006. The panel membership includes members of the public, representatives of the state’s top power companies, as well as industry and environmental groups and universities. The bill now goes to the Governor for his signature.

Local Vote for Additional Education Funding – The House passed a series of bills at the end of last week and on Monday night that would allow 45 counties across the state to hold a local referendum on increasing their sales tax by one-half percent to raise money for school construction. The ½ cent increase would only occur if voters approved the measure. The bills will not be approved during this year’s session due to the Senate’s refusal to take up the measures before adjourning.

If the Senate approves the bills next May, the following counties would be able to include a referendum on the ballot for public schools and community college construction: Alexander, Anson, Beaufort, Bladen, Buncombe, Camden, Carteret, Catawba, Chatham, Columbus, Craven, Cumberland, Currituck, Davidson, Davie, Duplin, Edgecombe, Granville, Guilford, Halifax, Jackson, Johnston, Jones, Lenoir, Martin, Mecklenburg, Montgomery, Nash, Pamlico, Pasquotank, Pender, Pitt, Richmond, Sampson, Stanly, Surry, Swain, Tyrrell, Union, Vance, Wake, and Wilson. Chatham, Franklin, Lee and Vance Counties would have a referendum for public school construction only, and Haywood County would have a referendum for community college construction only. The combined state and local sales tax is now 7 percent in all counties except Mecklenburg, which is 7.5 percent.

And Finally, House Adjournment- The House passed the joint resolution for adjournment on Wednesday afternoon and the Senate concurred during its session this morning. The resolution requires that the General Assembly return for the 2006 short session on Tuesday, May 9th.

Governor Signs Lottery Bill

2005-09-02T20:14:00.000-07:00

North Carolina is set to become the final state on the East Coast to start a lottery after Lieutenant Governor Beverly Perdue broke a Senate tie Tuesday, voting to create a lottery that supporters have sought for more than 20 years. As you remember, the House approved the lottery on April 6 by a vote of 61-59. The State Senate finally approved the House lottery bill earlier this week, which is projected to raise approximately $400 million. The vote was deadlocked at 24-24 before Perdue, the Senate’s presiding officer, cast the deciding vote. Perdue got the chance to vote because Sens. John Garwood, R-Wilkes, and Harry Brown, R-Onslow, did not make it to Raleigh for the session, after having been told last week that the Senate would take up no more business before the short session. Both Senators could have used a parliamentary procedure that would have allowed their votes to count if paired with a Senator with an opposing vote, which possibly could have defeated the bill; however, neither chose to do that, although it is alleged that Senator Garwood planned to pair his vote and was talked out of it at the last minute. Governor Easley signed the lottery bill into law on Wednesday morning at the State Capitol.

The Governor and Speaker Jim Black have stressed the importance of ensuring that lottery proceeds are only used to further improve and expand education programs and do not supplant or replace existing education funds. The two leaders are floating the possibility of passing a constitutional amendment, which could appear on the ballot next year, to put in place additional funding safeguards.

Easley administration officials estimate that a lottery will generate approximately $425 million in net proceeds during the 2006-07 fiscal year and would be allocated in the following way: 5% of revenues off the top would be placed in the “Education Lottery Reserve Fund,” which could be tapped if lottery profits do not meet expectations in a bad year. The reserve would be capped at $50 million. Half of the proceeds would go to class-size reduction in early grades and to expand pre-kindergarten programs for at-risk children. Forty percent would go toward local public school construction. Ten percent would go for college scholarships of up to $4,000 annually for students in low-income families. The school construction funds would be allocated in the following way – 65% according to average daily membership (ADM) and 35% to counties that have property taxes that exceed the state average. Any “overage” in the expected annual lottery proceeds would be split evenly between scholarships and school construction.

Advertising of the lottery will initially be limited, with a cap of 1% or less of total proceeds, and ads could not target minors or specific groups, must include resources for responsible gaming, and must mention the odds of winning. I don’t anticipate the current advertising restrictions, already lifted in part in this year’s budget, lasting too long. Our surrounding states are already scheming about keeping their current North Carolina customers. The Lottery Commission will also be required to provide information to the public about gambling addiction and treatment and would have $1 million per year for such addiction education and treatment.

Once the lottery commission is appointed it is expected to take six to nine months before the first scratch-off tickets will be sold at retail stores in North Carolina. The commission will decide which kind of games will be offered. With the commission’s approval, the director can enter the North Carolina lottery into multi-state agreements such as Powerball or Mega Millions.

Background facts: North Carolina’s first neighboring state to adopt a lottery was Virginia, in 1987. Georgia came next in 1992, followed by South Carolina in 2001 and Tennessee in 2004. Nationwide, 41 states and the District of Columbia now operate lotteries, although they have consistently proven to be an unreliable and diminishing source of income.

Greetings From Raleigh 9-02-05

2005-09-02T20:02:00.000-07:00

It has been another busy week in the North Carolina House with lengthy sessions since Monday. As a result of the long hours and late night sessions of the past two weeks, we finished work on many remaining issues and passed an adjournment resolution on Wednesday afternoon, which was expected to be the last vote of the session. With the Senate leaving Tuesday after approving a lottery bill, the General Assembly formally adjourned today.

My colleagues and I will return to Raleigh May 9, 2006 for the short session, but will continue to work in Raleigh during the interim on study committees that will focus on numerous important issues and make recommendations for legislative action next Spring.

The House has stayed in session and completed work on numerous important bills despite the fact that the Senate left on Wednesday morning of last week and weren’t expected to return except to adjourn. However, the Senate reversed course at the end of last week and decided to come back to Raleigh on Tuesday to complete work on several bills that had already pass the House – the most important being the lottery.

The House also completed work on the Meth Lab Prevention Act, which would increase regulation of certain cold medicines that are used in the making of the highly destructive and illegal drug. And, we passed the usual end of session bills such as an adjournment resolution, the technical corrections bill, which makes changes or clarifications to previously passed legislation, and the studies bill, which lists potential committees that will meet during the interim before the start of next year’s session. The House was hopeful that the Senate would take up these important bills before adjourning, but it now appears that Senators will put off the work until next May.

My colleagues and I have worked together during this year’s long session to protect the priorities and values that will help Guilford County and all of North Carolina grow and prosper for years to come. I’m extremely proud of the many accomplishments and progress that we have made on numerous important issues in recent months, which I will discuss further in upcoming email updates. Stay tuned for my recap of this year’s session and highlights of legislation that will impact your life and your community…

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.
It continues to be an honor and a pleasure to serve you in Raleigh.

Cheers

Pricey

In Other News...(8-26-05)

2005-08-29T20:14:00.000-07:00

Historic Joint Session Names New State Superintendent
A historic joint session of the State House and Senate gave Democrat June Atkinson the title of Superintendent of Public Instruction. Lawmakers voted 93-21 to select Atkinson. Despite Atkinson’s lead of 8,535 votes out of more than 3.3 million ballots cast in last November’s election, legal challenges from her Republican opponent kept the state without a schools chief for nine months. The state constitution directs that contested statewide races be finalized “by joint ballot of both houses of the General Assembly in the manner prescribed by law”; however, the law that governed such voting was inadvertently deleted from state statute in 1971 and had to be clarified by legislation passed earlier this year. The General Assembly had not selected a winner for statewide office since North Carolina law was changed in 1835 to allow citizens to directly elect a governor. Atkinson was immediately sworn into office, bringing to an end the last undecided statewide or federal race in the nation following last year’s election.

Unfinished Business: House wants Senate to take action before adjourning
House members are hopeful that the Senate will vote on several bills already approved in their chamber including: the establishment of an innocence commission (HB 1323), which would create an independent panel to review the innocence claims of convicted felons; DWI task force recommendations (HB 1048), which would improve enforcement and conviction rates of DWIs in North Carolina; an increase in the state’s minimum wage from $5.15 to $6 per hour; and a tax credit for small businesses that provide health care insurance for employees (HB 20); the Gang Violence Prevention Act (HB 50).

Legislative Update From This Week(8-26-05)

2005-08-29T20:09:00.000-07:00

The House considered and approved more than 200 bills this week as we near the end of the 2005 legislative session. Following is a quick snapshot of some of the bills that were approved by the House in the last several days:

Lobbying Reform – SB 612: The Legislature gave final approval early Wednesday to a rewrite of state lobbying rules that requires more disclosure of expenses and expands regulations to cover spending on top executive branch officials. The compromise of competing House and Senate bills largely follows the House version, which requires lobbyists and their principals to report any expenditure above $10 whereas the Senate bill simply capped spending at $100 per year. Under the approved proposal, legislative lobbyists, including those who lobby for state agencies, would have to file monthly reports while the General Assembly is in session starting in 2007 and quarterly otherwise. Only lobbyists at the General Assembly file now, and they do so twice a year. The measure eliminates a long-standing “goodwill” loophole that allows lobbyists to treat legislators to unlimited meals and entertainment as long as no specific legislation is discussed. Lawmakers or executive branch officials such as the governor, Council of State members, and department secretaries who leave office would have to wait six months before returning to lobby the Legislature or the executive branch, thereby addressing the “revolving door” issue.

Gang Violence Prevention Act – HB 50: The House approved legislation that seeks to prevent gang violence through preventative measures and increased criminal penalties for people who participate or abet gang activity.
A person who organizes or leads a gang can receive an additional 10 years in prison for their crimes. The Governor’s Crime Commission recently identified 387 gangs operating in the state with 8,517 members - a 65 percent increase over four years ago. North Carolina led in the numbers of people arrested in a national roundup of gang members earlier this month. The bill was based on recommendations made by the House Select Committee on Gang Violence Prevention, which met prior to the start of this year’s session. The state budget approved two weeks ago included $2 million in gang-prevention grants that will be awarded to community programs. The bill has been sent to the Senate, but further action may be delayed until the start of next year’s short session in May, 2006.

Identity Theft – SB 1048: The House gave final approval to legislation that seeks to better protect customers’ personal information by restricting the sale and display of Social Security numbers and forcing companies to properly destroy information when they throw it away. The bill would also allow consumers to “freeze” their credit with the national credit bureaus, which would then forbid any credit inquiries and prevent potential thieves from opening accounts or applying for loans in other people’s names. Once a freeze is requested, consumers receive an identification number that allows only them to “thaw” their credit when they want to buy a car, apply for a credit card account, or seek a loan. Such freezes are being considered or have passed in 25 states. The Senate unanimously approved a version Tuesday that was modified in the House to clarify guidelines for bringing an identity theft lawsuit. The bill now goes to Gov. Mike Easley for his signature. At least 286,000 North Carolina residents are victims of identity theft each year. A typical identity theft victim spends $800 and 175 hours over a nearly two-year period to repair credit and erase fraudulent charges, according to the office of Attorney General Roy Cooper.

Hit & Run Law – HB 217: The General Assembly gave final approval on Monday to my bill making it a crime if a driver and a passenger switch places after a car accident and flee the scene. The measure, sent to Gov. Mike Easley for his signature, was in response to the traffic death of Tar Heel Sports Network commentator Stephen Gates, in October 2003. Mr. Gates was struck and killed by an approaching car on an interstate ramp in Orange County while he examined a flat tire. A woman driving the SUV stopped, but a male passenger took the wheel and drove away, authorities said. The woman pleaded guilty to failing to report a traffic accident, a misdemeanor. The man was acquitted of a more serious hit-and-run charge. Mr. Gates’ parents and I have been working on for the bill since November, with the Gates making some three dozen trips from Greensboro to Raleigh.

Addressing Teacher Shortage – HB 706: The General Assembly gave unanimous final approval on Monday to a bill that would give local school districts more say in the hiring out-of-state teachers. School districts face an annual statewide teacher shortage in the thousands, largely because of retirements and enrollment growth. The measure would designate any out-of-state schoolteachers as “highly qualified” under the definition of the federal No Child Left Behind Act if they were labeled as such in their state. The North Carolina Association of Educators and Governor Easley have expressed concerns regarding the measure. The bill now awaits the Governor’s signature or veto.

Healthier School Food – HB 855: Lower fat and sugar in school diets is the mandate for the State Board of Education in a bill given final legislative approval. The bill sent to Gov. Mike Easley seeks to establish nutrition standards in schools by gradually increasing the amount of healthy foods available for students to eat. The nutrition standards would promote gradual changes to increase fruits and vegetables, increase whole grain products, and decrease foods high in fat and sugar. The standards, which would be implemented by the end of the 2007-08 school year in elementary schools, would then be extended to middle schools and high schools.

Homeowner’s Associations – HB 1541: The more than 13,000 homeowner’s associations in North Carolina would be barred from foreclosing on a homeowner for violating community rules or solely for attorney fees in legislation given final approval on Tuesday; however, associations still could place liens on property if someone fails to pay dues. The measure would reduce the maximum fines assessed by associations from $150 a day to $100 a day, as well as cap late fees for association dues unless rules state otherwise. Associations could not restrict or ban the flying of U.S. and North Carolina flags up to 4 feet wide and 6 feet long unless property documents prominently state the rules. The bill also would require associations to let members speak at board meetings and allow homeowners to review association finances and minutes.

Worker’s Comp – HB 99: The General Assembly has agreed to a compromise proposal between industry lobbyists and advocates for injured workers, which would make some technical changes to our state’s workers’ compensation law. The original measure generated lots of discussion and disagreement during the last several months; however, the ultimate bill which was passed by legislators deferred most of the controversial issues – including the length and coverage of wage and medical payments, whether compensation rates for injuries should be adjusted for inflation and compensation for workers exposed to asbestos – to a study commission that is to report back the General Assembly next spring.

Rachel’s law – SB 486: Lawmakers approved stiffer penalties for anyone who fires a gun into an occupied car or home in a bill given final legislative approval on Monday night. The bill would make firing a gun into an occupied building or traveling vehicle a felony punishable from roughly three years to 15 years in prison. Existing law makes the maximum term for the crime about six years. The punishment could reach as high as 17 ½ years if the shooting causes serious injury. The bill is titled “Rachel's Law,” named after Rachel Sanchez, a 5-year-old girl shot in the head while traveling on Interstate 40 in Catawba County in 2003. A teenager confessed to firing the weapon at the car; Rachel is recovering. The bill now goes to Gov. Mike Easley.

Fishing license laws revamped – SB 1126: After a year of negotiations, the legislature has overhauled a coastal recreational fishing license law that was approved last year but had not taken effect. North Carolina has been the only state on the Southeast coast without a recreational license. Along with the permit for coastal anglers, the update would create a unified permit for someone to fish in all public waters. Freshwater and commercial saltwater fishermen already must get licenses. The compromise, however, removes a longtime license exemption for freshwater fishermen who use natural bait in their home county (this exemption had been problematic for the Wildlife Resources Commission). The changes, which would take effect in early 2007, retain optional licenses for pier owners and charter boats that would cover anyone fishing from piers or on charter boats. The annual coastal license would cost $15 a year for residents and $5 for short-term permits. The new unified permit would cost $35 and would increase to $55 if the permit applicant also wanted to hunt. A lifetime license is slightly higher. Children under 16 would be exempt and poor anglers could get free licenses. People fishing in ponds on private property would not need a license.

Incentives to get timely public airing – HB 393: The public will have access to information about government tax-incentive business deals within 25 business days of the arrangements’ announcement. The bill applies to local and state agencies, but is aimed mainly at the state Commerce Department, which has taken months to provide documents about incentive deals. The bill was in response to a lawsuit filed by the North Carolina Press Association and another group against the state Commerce Department, claiming the agency delayed releasing details on incentives packages for computer maker Dell Inc., pharmaceutical giant Merck, and airline manufacturer Boeing. The new law would require agencies to make their records of deals available for public inspection and copying within five weeks of the announcement. Government agencies also would have to report each year on the business incentives they administer.

Historic Mill Rehabilitation Tax Credit – HB 474: The House approved legislation on Tuesday that will provide tax credits for businesses that renovate historic textile mills. Supporters of the bill said there are approximately 30-35 such mills across the state. Virginia and South Carolina have recently enacted similar legislation. Supporters of the bill highlighted the fact that North Carolina has lost more than 164,000 jobs in the textile industry during the past decade and a large number of manufacturing jobs in other industries such as tobacco and furniture, which have resulted in the vacancy of numerous mill buildings, many of which are historic. Several legislators from the Triad said that large vacant mills in their districts can be an enormous eye sore in a community if it remains vacant and unused, resulting in the deterioration of surrounding neighborhoods and commercial districts, crime, vandalism, vagrancy, arson, and a loss of community spirit; however, an old factory or mill can have significant environmental, economic development, cultural, tourism, tax base, and affordable housing benefits for a community if renovated for new uses.

Tax Credits for North Carolina Businesses – HB 105: NASCAR teams and passenger airlines would get refunds on the sales tax they pay on aviation fuel in a measure given final approval Wednesday at the General Assembly. Both industries are major employers in North Carolina and have an enormous economic impact on our economy.

Local vote for education spending – HB 1050, HB 746, HB 947: The House considered several bills this week, which would allow voters in 48 counties across the state the opportunity to vote for a half-cent increase in the sales tax to pay for new schools. Supporters argue that the counties need to raise money to replace classroom trailers with permanent buildings and stressed the importance of giving local officials another tool to pay for rising education costs, but pointed out that the local voters would have the ultimate say on the idea. Other sources of revenue have become inadequate.

HB 1050 and HB 746 would allow a ballot referendum in Pitt, Martin, Davie, Buncombe, Chatham, Anson, Union, Vance, Franklin, Lee, Duplin, Surry, Cumberland, and Davidson Counties to pay for public school and community college construction. The bill was given final approval by the House on Thursday.

HB 876 would allow Haywood County commissioners to raise the sales tax by an extra half-cent to pay for capital improvements at the local community college if approved by voters. Commissioners could not authorize the increase unless local voters approve the idea in a referendum. The bill was given final approval by the House on Wednesday morning.
HB 947 would allow another 31 counties the option to raise their sales taxes by an extra half-cent to spend on public school and community college construction in a bill that cleared the House Finance Committee on Wednesday afternoon and given initial approval by the full House on Thursday. The House is expected to complete debate on the measure early next week. (NOTE: The bill originally included 32 counties, but Forsyth County was removed during debate on Thursday.)
However, even if the measures pass the House, they would have to be considered by the Senate, whose leaders have said they do not plan to take up any more work this year except to set a new adjournment date for the session

Smoking ban inside prisons – SB 1130: Smoking inside state prison buildings would end under a bill given final legislative approval Tuesday. Supporters said the goal was to reduce health problems associated with secondhand smoke. The House earlier this month passed a version that exempted Correction Department employees and inmates' visitors, but voted 70-43 Tuesday on a broader version sought by the Senate that bans indoor smoking at all of the state's 76 prisons. Inmate health care cost $138 million for the fiscal year that ended June 30, not including dental and mental health services. The Senate passed the measure 40-1 Tuesday night. The bill now goes to Gov. Mike Easley for his signature.

Regulation of Genetically Altered Plants – H671, Dewey Hill (Columbus-D). This bill, initiated by the biotech industry, would eliminate local authority to impose restrictions on genetically modified (GM) crops. A Senate committee substitute passed two weeks ago also sets up a legislative commission to study the issue of GM crops in NC and adds an organic farmer and a consumer advocate to the Board of Agriculture. On the House floor, at the request of bill sponsor Rep. Hill, the House voted (113-0) to not concur with the Senate version, sending the bill to conference committee. Conference chairs are Rep. Dewey Hill (Columbus-D) and Sen. Charlie Albertson (Duplin-D), and conferees are Rep. Joe Tolson (Edgecombe-D), Rep. Arthur Williams (Beaufort-D), Sen. Janet Cowell (Wake-D), Sen. Clark Jenkins (Edgecombe-D), and Sen. Stan Bingham (Davidson-R). The bill appears unlikely to emerge from conference in this session, but the conference could meet when the legislature returns for the short session in May 2006.

Improve Environmental Enforcement – H1283, Bill Culpepper (Chowan-D). This bill raises penalties for serious violations of several environmental statutes, allows DENR to recover investigative costs, and authorizes DENR to allow violators to take educational courses or perform community service rather than paying fines if they would prefer. A controversial provision authorizing DENR to undertake a pilot program to retain actual costs of collection rather than the 10% they currently retain was removed in House Rules on August 22. The bill ran into trouble on the House floor. To the pleasure of the agency’s harshest legislative critics, the bill failed, 46 to 68, on second reading. For advocates wanting a sense of the distribution of environmental attitudes in the NC House, this is a revealing vote.

Disposal in Landfills/Additional Bans – H1465, Joe Hackney (Orange-D). As passed by the House this bill would have banned wood pallets, plastic containers, and used motor oil filters from disposal. In the Senate two weeks ago two amendments on the floor had added oyster shells to the list of banned items, and gutted the ban on disposal of wood pallets by allowing them to still be disposed of in unlined construction waste landfills. The bill takes effect in October, 2009. (A provision inserted into the Technical Corrections bill (H413), which awaits House concurrence, would move the effective date for the oyster shell ban up to 2007.) The House voted to concur with both amendments and the bill has been sent to the Governor.

ABC Licensees to Recycle Beverage Containers – H1518, Joe Hackney (Orange-D). This bill requires Alcohol Beverage Control permit holders (bars and restaurants) to recycle all beverage containers sold on premises, and bans the landfilling or incineration of beverage containers. A Senate substitute delayed the effective date one year, to 2008. On August 22, the House voted to concur (107-7) and the bill has been sent to the Governor.

Manufacturing Redevelopment Districts – S629, John Snow (Cherokee-D). This bill releases DuPont from liability for toxic contamination on a manufacturing site in the middle of DuPont State Forest, in exchange for transferring title to a new company, Ilford/Oji, to re-open the plant and clean up the contamination, and in the end, give the land to the State. The Governor has been negotiating this deal with Ilford/Oji, and at the beginning on August the Senate adopted the conference report, but Ilford/Oji had pulled out of the deal days before. This week, however, the conference report reappeared in the House and the House voted to concur on August 22 by a vote of 111-4 (dissenting: me, Paul Luebke (Durham-D), Jennifer Weiss (Wake-D), John Rhodes (Mecklenburg-R).

Energy Credit Banking/Selling Program/Fund – S1149, Clark Jenkins (Edgecombe-D) (I sponsored the companion in the House). The Federal Energy Policy Act (EPAct) issues credits to State agencies for use of alternative fuel vehicles. This bill allows the State Energy Office to bank and sell these credits and use the money to support further alternative fuel programs in the state. A Senate floor amendment on August 12 added the extension of the renewable energy tax credits from H1715, Renewable Energy Tax Credits, Paul Luebke (Durham-D) to the bill. The bill was sent to House Finance, where, on August 23, the bill received a unanimous favorable report with no discussion. The House approved the bill early this morning, 63 – 19 on second reading, and passed third reading on a voice vote and has been sent to the Governor.

No Local Regulation of Forestry / Agriculture – S681, David Hoyle (Gaston-D). This bill blocks local governments from regulating most forestry activities by prohibiting local ordinances from regulating timber harvesting and transport, including setbacks to protect water quality, restrictions on pesticide spraying, and weight limits on city roads. While the bill does not ban local ordinances as applied to development, it draws a blurry line between bona fide timber operations and development, and makes it easy for developers to escape any serious penalty for masquerading as forestry operations by clearing "in anticipation of development approval" - well before beginning the permitting process. The original bill allowed local governments to withhold building permits for up to five years if a developer violated a local ordinance; on the Senate floor, the sponsor amended this to an insignificant two years. In House Environment on August 9th, the penalty was raised to a milquetoast three years, and five years for "willful" violations, though "willfulness" would be very difficult to prove. On the House floor August 22, I offered an amendment to return the penalty to five years; it failed (24-91). The bill passed the House (99-16) and the Senate voted to concur on August 23. The bill has been sent to the Governor.

NC Lottery Still One Vote Short Of Passing

2005-08-29T18:53:00.000-07:00

After another week of negotiations and vote counting, the Senate still appears to be one vote short of passing a lottery bill with 24 Democratic yes votes and 26 no votes, which include all 21 Senate Republicans and 5 Democrats. However, supporters are still hopeful that the lottery can be passed soon so that the issue isn’t put off until next May when legislators return to Raleigh. The House passed a lottery bill in April, and the state budget passed two weeks ago made changes to the way future lottery proceeds could be spent on early childhood education, school construction, and college scholarships.

Supporters and education groups across the state are trying to find at least one additional senator who will vote for the lottery and have been lobbying them hard. Some parliamentary maneuvering late Tuesday night/early Wednesday morning nearly resulted in a lottery vote when Sen. Garwood (R-Wilkes) was rushed to the hospital by ambulance, leaving the chamber potentially tied, with the Lieutenant Governor poised to break the tie. Sen. Basnight thought better of it, and should be commended for such. Senators who are being targeted are: Martin Nesbitt (D-Buncombe), Janet Cowell (D-Wake), Dan Clodfelter (D-Mecklenburg), Charlie Albertson (D-Duplin), Ellie Kinnaird (D-Orange), Harry Brown (R-Onslow), John Garwood (R-Wilkes) and Richard Stevens (R-Wake).

Greetings From Raleigh 8-26-05

2005-08-29T18:42:00.000-07:00

Members of the House of Representatives worked many long hours and got very little sleep this week as we sought to wrap up this year’s legislative session, which began in late January. Lawmakers came back to Raleigh on Monday afternoon and worked past midnight, started back at 8:30 Tuesday morning and worked non-stop through the day and night until shortly after 4 am early Wednesday morning when we recessed for several hours before starting back at 2 pm for four more hours of work and meetings. House members were back at work on Thursday morning for session.

The House leadership said all week that it wanted to finish the remaining work as soon as possible, but would devote the necessary time needed for adequate debate and votes on such important issues as identity theft protections, preventing and punishing gang violence activity, our state’s hit and run law, tax credits for renewable energy sources and historic mill rehabilitation, and lobbying reform.

The House is expected to give final approval next week to legislation that seeks to reduce meth labs across the state by increased regulation of cold medicines, which are used to make the illegal and highly addictive drug, and increasing criminal penalties. Legislators must also complete work on the usual end of session bills such as the adjournment resolution, the technical corrections bill, which makes changes or clarifications to previously passed legislation, and the studies bill, which lists potential committees that will meet during the interim before the start of next year’s session.

The House will be back in session on Monday night at 7 pm as we try to finalize the remaining bills before adjourning for the year.
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.

It continues to be an honor and a privilege to represent you in Raleigh.

Cheers

Pricey

Post Note: Pieces posted for 8/26/05 were posted late due to Jay was away on vacation. Sorry for the delay.

Miscellaneous 08-19-05

2005-08-19T16:58:00.000-07:00

Several of my bills were before the Senate last week. HB 217, Stephen’s Law, was approved by the Senate last week and will be before the House on Monday. The bill was amended in conference to limit liability for hit and run charges only to drivers and passengers who become drivers. The bill had been bogged down with concerns about other passengers being held responsible for hit and run, when a passenger might not have any control over a decision to flee the scene of an accident. The bill makes it quite clear that criminal liability is limited to drivers and passengers who become drivers.
I also sponsored a bill that would make North Carolina’s lemon law more consumer friendly (HB 1295). This bill was approved by the Senate last week and is on its way to the governor for signature.
HB 1398, which would provide for the automatic opportunity to expunge one’s criminal record upon receipt of a pardon of innocence, was also approved by the Senate last week and is on its way to the Governor as well.

UNC System To Study Tuition

2005-08-19T16:56:00.000-07:00

Following discussion by the State Senate over the last few months on the issue of giving UNC-Chapel Hill and N.C. State greater authority to set their own tuition rates, the University of North Carolina system has announced a new effort to study the financial needs of its 16 campuses and recommend changes in tuition policy.
Brad Wilson, Chair of the UNC Board of Governors, appointed a task force and asked the group to make recommendations by October. The group will take a look at all campuses, Wilson said, but will focus on the “unique complexities that a shrinking resource base poses for UNC-Chapel Hill and N.C. State.”
The move Thursday was a direct response to a Senate budget proposal to give the system’s two primary research campuses broader authority to raise tuition without going through the Board of Governors. The idea, pushed by Senate leader Marc Basnight and a political action committee of prominent UNC-CH supporters, created a fierce outcry from system advocates, former UNC presidents and four former governors, who warned that the move could undermine and weaken the state’s 16-campus public university system. The proposal died when it encountered strong opposition in the House, and therefore was not included in the final budget agreement, which was passed this week by the legislature.

Legislature To Hold Joint Session On Superintendent Race

2005-08-19T16:52:00.000-07:00

House Speaker Jim Black has said that the Legislature will hold a special joint session on Tuesday, August 23, 2005, to determine who should lead the state’s education department. Last November’s race between Democrat June Atkinson and Republican Bill Fletcher for the State’s Superintendent of Public Instruction is the only remaining undecided race in the nation for a statewide or federal post. Atkinson leads Fletcher by 8,535 votes out of more than 3.3 million ballots cast last fall, but Fletcher has challenged the legality of thousands of ballots, which has further delayed a final decision. The state constitution gives the Legislature authority to decide such contested elections, so the House and Senate will meet in a rare joint session to hear from the Joint Contested Elections Committee before making a final decision on the winner. The 10-member, bi-partisan joint legislative committee recommended that the victory go to Atkinson earlier this week in its final meeting.

Vaccine Saftey

2005-08-19T16:49:00.000-07:00

The House Health Committee approved a bill last week that would restrict the use of vaccines that contain a mercury-based preservative. The measure also would prohibit administering flu vaccines containing thimerosal to children ages 6 months to 35 months and pregnant women. Thimerosal is currently at the center of a nationwide debate concerning the safety and possible side effects of such vaccines. Parents of some autistic children and some researchers argue that vaccinations that contain thimerosal are the cause of developmental disabilities in children. State officials and some doctors have argued that no conclusive evidence that exposure to thimerosal is harmful. The bill now goes to the House Appropriations Committee for consideration.

Car Registrations And Fees

2005-08-19T16:47:00.000-07:00

The General Assembly has given final approval to a bill that would allow automobile owners to pay their property taxes and the license tax renewal fee at the same time. The legislation, House Bill 1779, now goes to the Governor for his signature. The measure will help cities, counties, and fire districts collect approximately $80 million a year in taxes that usually go unpaid. The bill instructs the Division of Motor Vehicles and the Department of Revenue to upgrade computer programs so that the work can be completed jointly. The change will not take effect until 2009. Currently there is a months-long lag between the tag renewal and the property tax bill.

The bill sponsor, Rep. Dale Folwell (R-Forsyth), said that the bill should save cities and counties $8 million a year in postage by reducing the number of past-due notices that are mailed. Gloria Whisenhunt, the chairwoman of the Forsyth County Board of Commissioners, told the House Finance Committee that one-third of auto owners across the state do not pay their vehicle property taxes on time. Another person stated that tax collectors statewide collect 86 percent of the property taxes due on cars.

New ATV Regulations Approved To Keep Kids Safe

2005-08-19T16:42:00.000-07:00

The General Assembly has given its final approval to new minimum age requirements for operating all-terrain vehicles (ATVs), which would keep children under 8 from driving the popular four-wheelers. The House approved the compromise measure late last week and the Senate voted 32-15 in favor of the bill that would remove North Carolina from a handful of states with virtually no operating restrictions for ATVs. The bill, SB 189, now goes to Gov. Mike Easley to be signed into law. The new rules would bar children under 8 from operating an ATV, while children ages 8 to 15 would be limited to driving models with engines of less than 90 cubic centimeters. Most ATV drivers also would have to complete a safety course and follow equipment and driving standards. There would be some exceptions for certain individuals, including hunters and farmers. Children born on or before Aug. 15, 1997, would still be able to operate larger vehicles if a parent can prove they or a guardian owned the ATV before Aug. 15 of this year. The provision is meant to guarantee that families who already have purchased ATVs are not penalized.

North Carolina ranked 10th nationally with 189 ATV-related deaths from 1982-2002, according to the U.S. Consumer Product Safety Commission. The number of children under 16 who died in ATV-related accidents in our state doubled from five in 1999 to 11 last year. Supporters of the bill cite statistics showing that of 157 ATV deaths in the state between 1999 and 2004, 43 involved children under 16 and 22 involved children under 12. There have been several accidents across the state this year where children were killed or seriously injured.

Increasing Voter Turnout & Confidence

2005-08-19T16:39:00.000-07:00

The General Assembly has given final approval to legislation, which would let voters in Chapel Hill and Carrboro cast ballots at locations of their choosing. The legislation, Senate Bill 98, would create a pilot program through the 2006 elections in which “super precincts” would be created, likely in easily accessible areas that have plenty of parking. Voters at these locations could cast votes, either in early one-stop voting or on Election Day. Supporters say the idea could increase voter turnout by making voting more convenient for commuters and others, compared to standing in lines at local precincts near their homes.

The General Assembly also gave final approval on Thursday to Senate Bill 223 which will permit only three types of voting methods in North Carolina and also agreed on how to disburse government grants to help pay for machine upgrades. The measure, developed after Carteret County electronic voting machines lost 4,438 ballots in last November’s election, also requires state election officials to hand out more than $36 million in grants to meet new standards. During the 2006 elections, voting in North Carolina only will occur in the form of optical scan ballot machines, electronic recording machines or paper ballots counted by hand. Electronic machines will have to provide a paper copy of a voter’s ballot, which could be corrected by the voter before they are recorded. Counties only will be able to purchase machine brands that have been certified by the State Board of Elections.
The House amended the Senate edition by laying out a formula by which federal and state grant money will be given to all 100 counties to meet the standards. As many as 88 counties may have to buy or upgrade machines. Bill supporters say the amounts should be enough for most counties to purchase the least expensive optical scan machines. If they want to buy more expensive electronic machines, they’ll have to pay the difference.
The bill also will allow the State Board of Elections to experiment during the 2006 elections with alternatives to a paper record of a ballot. That may include audio playbacks of a voter's choice or a photographic image of an electronic ballot.
Elections officials also will perform sample hand recounts statewide and compare totals to ensure voting systems are accurate. The Carteret County mistake occurred when a vendor failed to change a setting on a group of electronic machines used in early voting. The lost ballots threatened to require election officials to call a new statewide election in the close agriculture commissioner’s race.

Open Records: Let The Sun Shine In

2005-08-19T16:36:00.000-07:00

The State House voted unanimously to approve legislation that ensures government lawyers will not have to reveal all of their strategies before a trial, and allows the public to challenge the protection of the records under the provision. Senate Bill 856, which returns to the Senate for concurrence, also ensures that judges have discretion when deciding whether to award attorney's fees in such cases. Judges could consider whether the government agency had “substantial justification” to deny access to public records or that circumstances made the award of attorney’s fees “unjust.” Said Rep. Joe Hackney, D-Orange: “It creates a presumption in favor of the plaintiff in terms of getting attorney's fees instead of the other way around, which is the way it was before.”

The House also approved House Bill 393, which would require the N.C. Department of Commerce to release public records of its negotiations with companies within 25 days after a plant or project is announced. It would also require local governments to provide records once a specific location for a project is announced. “This is a good-government bill that will provide the information and sunshine that the public wants and deserves about economic-incentive programs in our state,” said Rep. Jennifer Weiss, D-Wake.

Lobbying Reform Advances In House

2005-08-19T16:30:00.000-07:00

Late last week the House overwhelmingly approved legislation that would close a loophole that currently allows lobbyists to spend money on trips, meals and gifts for legislators without disclosing it as long as no specific legislation is discussed. House Majority Leader Joe Hackney (D-Orange), who introduced a lobbying reform bill in the House earlier this session (House Bill 6), offered a committee substitute to Senate Bill 612, which has already passed the Senate. The new version of the reform bill would require lobbyists and their principals to report any expenditure over $10. The disclosure reports would have to be filed monthly for legislative lobbyists while the General Assembly is in session and quarterly at other times. By a vote of 52-51, the House trimmed the time period that former lawmakers would have to wait before lobbying the legislative or executive branch of government until 60 days after they leave office instead of the proposed one year following the conclusion of the member’s term. The bill now returns to the Senate, which has already passed a lobbying bill that capped spending on individual legislators at $100 annually, but was less strict when it came to reporting and disclosure and included several broad exceptions, which could present additional problems in the future. Advocates for lobbying reform are encouraging the Senate to approve the stronger disclosure bill, which passed the House. The bill has been stalled by concerns raised by the Department of Commerce with regard to the bill’s impact on business recruitment efforts. Advocates are pushing hard for a resolution before the General Assembly adjourns.

The Innocence Commission

2005-08-19T16:24:00.000-07:00

The House voted 80-23 in favor of legislation (House Bill 1323), which would establish an independent commission to review the innocence claims of convicted felons. A task force examining the state’s criminal justice system recommended the formation of the panel earlier this year. The task force was formed in part because of the murder case of Darryl Hunt, who spent 18 years in prison for the slaying of a Winston-Salem woman before DNA evidence exonerated him. If the measure is approved by the Senate and signed into law, the state Supreme Court chief justice and the chief judge of the state Appeals Court would choose the eight-member panel of the North Carolina Innocence Inquiry Commission. The commission members would review claims and send the case on to a three-judge Superior Court panel if five of the eight members agreed. Charges would be dismissed if all three judges determine there “is clear and convincing evidence” that the defendant is innocent. A split decision could be appealed to the Supreme Court. The bill is now before the Senate for consideration, although it appears unlikely that the chamber will get to the bill before the short session.

Health Care Tax Credit, Small Businesses/Increase In Minimum Wage

2005-08-19T16:21:00.000-07:00

The House passed legislation that will provide a tax credit for small businesses that provide health insurance to employees and increase the state’s minimum wage. The legislation, HB 20, combined the two issues and the bill sponsors, Reps. Hugh Holliman (D-Davidson) and Alma Adams (D-Guilford) argued the bill would help our state’s workers and small business owners, while ensuring better access to health care for more North Carolinians.

First, the bill would provide a tax credit for small businesses that provide health insurance to employees, which business leaders have said is one of the biggest expenses that they continue to struggle to meet for their employees. Rep. Holliman said that we are all looking for ways to help our small businesses with less than 25 employees grow and prosper and this bill accomplishes this goal. The National Federal of Independent Businesses supports this tax credit, but opposes the combination bill. An amendment offered by Minority Leader Joe Kiser (R-Lincoln), which doubled the credit, was approved by the chamber.

Secondly, the bill would increase the state’s minimum wage to $6.00 per hour. The national minimum wage of $5.15 has not increased since 1997 and inflation has eroded 14 percent of its buying power since then, supporters argued. Fifteen states and Washington, D.C. now have minimum wages greater than $5.15, and Florida recently raised its minimum wage to $6.15, indexed to inflation, which resulted from a 2004 ballot initiative that was approved by 71 percent and passed in every county.

The 85-cent increase is a compromise on a previous bill, which originally sought to increase the wage to $8.50 by 2007, but in June, was scaled back to $6.15 over the next year. The N.C. Budget and Tax Center said that modest increases in the minimum wage would have minimal or no impact on employment in the state despite opponents’ claims stating otherwise.

There have been approximately 20 wage increases over the past 67 years and supporters argued with opponents of the bill and said no evidence exists that prove that an increase leads to lost jobs. According to the census bureau, there are approximately 101,000 North Carolinians (3% of our state’s total workforce) making minimum wage or approximately $10,700 per year, and roughly half are breadwinners of a family and do not receive other state assistance such as Medicaid to help with expenses. Of these workers, three-fourths are 20 years and older, which includes 51.8% who are over 25 years old.

On the Senate side, a committee agreed last week to raising the state’s minimum wage to $6 per hour, but in a different way. The Senate instead included the wage increase as part of a tax package that would also reduce corporate and income tax rates, raise the cigarette by another nickel a pack, rework personal income deductions, and not provide the tax credit for small businesses. The House does not support a tax cut for our state’s wealthiest individuals and corporations as the Senate is proposing at this time.

Greetings From Raleigh 8-19-05

2005-08-19T16:12:00.000-07:00

Last week’s newsletter and blog post covered the budget, and this week’s will cover other substantive legislation which the House and Senate considered last week. It has been a light week this week because many legislators are at a national conference in Seattle, so there were no committee meetings or votes in the House. I took the time to work on some bills that are still pending and to propose some studies that may occur in the interim between the sessions.

The House will be back in session on Monday at 5 pm with 72 bills on the calendar.
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.

It continues to be an honor and a privilege to represent you in Raleigh.

Cheers

Pricey

Highlights Of The Spending Plan

2005-08-12T19:31:00.000-07:00

* EDUCATION
The budget provides $9.48 billion for education, which is a 2.73% or $250 million increase over last year's education budget. The budget funds education at our state's K-12 schools, community colleges and universities, including additional funding to cover the more than 35,000 new students who will show up at our schools in a few weeks for the new school year. Legislators dedicated close to $80 million to address the on-going Leandro school funding lawsuit, which will provide additional funding to low wealth schools districts, disadvantaged students, high school reforms, school-based family support teams, and teacher recruitment. The budget includes $100 million for ABC bonuses for teachers, in addition to a pay raise of approximately 2.24%, and fully funds teacher assistant positions. More than $3.2 million is provided to expand Governor Mike Easley's "Learn and Earn" program, which allows students the opportunity to graduate with a high school diploma and a college degree after just five years of study. And, if the Senate passes the House lottery bill, funding from the proceeds would be invested in school construction, early childhood education, and college scholarships.

* HEALTH CARE
The budget provides more than $4 billion in funding for health care for children, folks who are blind, disabled or elderly, and restores many of the previously proposed cuts in the original Senate budget. Legislators provided funding to ensure 65,000 aged, blind and disabled North Carolinians and 30,000 children will continue to be covered by Medicaid. Children ages 0-5 currently covered by Health Choice will be moved to Medicaid, which will bring the total projected enrollment to approximately 200,000 children over the next three years. The North Carolina Senior Care prescription drug program, which currently covers 120,000 seniors, will receive $10 million. Approximately 3,200 additional children will be enrolled in the state's More at Four pre-kindergarten program. The budget also includes $10 million for the Mental Health Trust Fund and slightly more than $981,000 to hire new inspectors to ensure compliance with the new requirement that all group homes across the state must be inspected annually.

* TEACHERS & STATE EMPLOYEES SALARIES AND BENEFITS
Public school teachers will receive an average 2.24% salary increase. The budget also sets aside additional funding that could be used by the Governor, after consultation with the Legislature, to raise teacher salaries closer to the national average. Community college faculty and professional staff would receive an additional 2% pay raise. State employees will receive a pay raise of 2% or $850, whichever is greater, and an additional week of paid vacation. Legislators also raised the minimum wage requirement for all state employees to at least $20,112.

* ECONOMIC DEVELOPMENT INITIATIVES
The budget makes numerous investments in job creation efforts and provides much-needed funding for programs that help attract new jobs to North Carolina, including: 1) $4.5 million in additional funds for the Job Development Investment Grant (JDIG) program, which since 2003 has helped create more than 10,000 new jobs and $1.9 billion in investment; 2) $6 million for the One North Carolina Fund, which since 2001 has helped create more than 17,000 new jobs and $2 billion in investment; and 3) $20 million for the North Carolina Rural Center, which has helped create thousands of new jobs in rural communities and update water systems.

The budget also includes $9 million for the Wilmington and Morehead City ports, $1 million in new funds for community college Small Business Centers, and $2.65 million for customized industry training, which will help employees and companies remain competitive in an ever-changing economy.

* JUSTICE AND PUBLIC SAFETY
The budget provides more than $1.7 billion in funding for public safety programs including efforts to reduce gang violence, meth labs and internet/computer security crimes across our state, and additional funding for our state's SBI crime lab's ability to effectively process DNA evidence and keep track of the evidence in the state's DNA database.

* LOTTERY
The House approved a separate lottery bill in April, which must pass the Senate in order to create the numbers game in North Carolina. The budget made several changes to the way future lottery proceeds would be used to fund education programs in our state, including:
1. 5% of revenues off the top would be placed in the "Education Lottery Reserve Fund," which could be tapped if lottery profits do not meet expectations in a bad year. The reserve would be capped at $50 million.
2. Of the remaining funds: 50% would go toward early childhood initiatives (More at Four pre-kindergarten program; class-size reduction, Leandro/low-wealth school districts); 40% would be used for public school construction; and the remaining 10% for scholarships for financially needy community college and university students. The school construction funds would be allocated in the following way - 65% according to ADM and 35% to counties that have property taxes that exceed the state average (see chart for county funding levels). Any "overage" in the expected annual lottery proceeds would be split evenly between scholarships and school construction.

With regard to the operations of a lottery, advertising would be extremely limited, with a cap on advertising of 1% or less of total proceeds, and ads could not target minors or specific groups, must include resources for responsible gaming, and must mention the odds of winning. According to the National Conference of State Legislatures, North Carolina would have the strictest lottery advertising restrictions in the nation.

The Lottery Commission would also be required to provide information to the public about gambling addiction and treatment. $1 million per year for such addiction education and treatment would be available.

* REVENUE
Legislators had hoped that the economy would recover so the temporary taxes that were passed in 2001 at the height of the recession could end. However, budget writers decided this revenue is needed for the next biennium to continue the funding level for education and health care programs. The budget calls for maintaining for this biennium the current half cent sales tax, as well as the tax on the wealthiest individuals in our state who make over $120,000 per year.

The cigarette tax will increase from its current level of 5 cents per pack, which is the lowest in the nation, to 35 cents by next July. This would occur in two phases: the tax would increase by 25 cents on September 1, 2005 and by another 5 cents on July 1, 2006. This increase represents a compromise between the House and Senate budget proposals on the cigarette tax and is much less than the Governor's request for a 45-cent increase.

Candy, satellite, telephone, satellite radio, and liquor will be taxed at 7%. (Liquor is currently taxed at 6%, satellite at 5%, phone service at 6%, and candy was previously exempted.) Cable will be taxed at 7%, with a credit for local franchise tax paid (5%). The entertainment/movie tax will remain the same and not increase. The tax on HMOs will increase to 1.9% in an effort to equalize similar taxes.

The budget also includes a tax credit for film companies in an effort to increase the number of films, televisions shows and commercials shot in North Carolina.

The complete budget (Senate Bill 622, proposed Conference Committee Substitute) can be found on the N.C. General Assembly's website at: www.ncleg.net.

Guilford County Budget Items

NC A&T Matching Funds, $1,089,000
Focused Growth Campus Funds, $146,428
NC A&T Arts Center Planning Funds, $25,000
Black Child Development Institute of Greensboro, $10,000
Greensboro Lifeskills Center, $10,000
Carl Chavis YMCA of High Point, $13,000
Faith Matters, $5,000
Funds for a new Heritage Tourism Officer for the Piedmont-Triad area
United Arts Council of Greensboro, $25,000
African-American Atelier, $12,000
Guilford NAA Cultural Funds, $10,000
Triad Stage, $125,000
Greensboro Symphony Society, $50,000
ACC Hall of Champions, $2 million
Sit-in Movement - renovation funds for Museum, $500,000
Salary increases for employees of NCSU and NC A&T, $4 million
Funds to promote NC furniture industry including the International Home Furnishings Market in High Point, $750,000

Greetings From Raleigh 8-12-05

2005-08-12T19:19:00.000-07:00

I am happy to report that we have a state budget for the 2005-07 biennium. Final approval to a $17.2 billion spending plan came after weeks of negotiations between the House and Senate. The budget bill, SB 622, provides much-needed funding for education, health care, and public safety, all of which are vitally important to improving our state's economy and creating new jobs. The House gave its initial approval of the budget on Tuesday night by a vote of 60-59 and final approval on Wednesday afternoon with a vote of 61-59. Senate approval came on Wednesday along party lines, 28-20, and on Thursday by a vote of 28-20.

The final budget agreement provides much-needed funding for our state's K-12 schools, community colleges and universities and restores Medicaid and public safety cuts that were included in the original Senate budget, which was passed in May. This week's passage of the two-year spending plan marks the end of the budget process in the legislature, which began several months ago. We must still complete work on numerous other pieces of legislation before adjourning for the year in the next week or two.

In addition to the budget, several major pieces of legislation were approved by the House yesterday. They included lobbying reform, voter verifiable paper trails, and the establishment of an Actual Innocence Commission, the first of its kind in the United States and modeled on a United Kingdom program. I will report in more detail next week on these and other items still in play.

As always, it continues to be an honor and a privilege to represent you in Raleigh.

Cheers,
Pricey

New Prescription Drug Program For The Uninsured

2005-08-05T16:48:00.000-07:00

This week the Partnership for Prescription Assistance (PPA) kicked off its North Carolina campaign to inform citizens of the hundreds of opportunities available to them to save money on prescription drugs. PPA, an alliance of doctors, pharmaceutical companies, patient advocates and other health-care providers, was designed to help the uninsured and underinsured obtain medicine at a lower cost.

People seeking relief from the high cost of prescription drugs can call a toll-free number or visit a website and - after answering a short list of questions - find out about programs for which they are eligible. Once the inquiry has been processed, patients can begin saving money on prescription drugs in as little as two weeks.

To find out more about this program, visit the partnership's website at www.pparxnc.com or call 1-888-477-2669.

Reducing Gang Violence

2005-08-05T16:46:00.000-07:00

State legislators, law enforcement officers and local elected officials from across the state held a press conference on Wednesday to discuss the growing problem of gang violence and possible action to take to reduce the criminal activity in our communities. I co-sponsored House Bill 50, the Street Gang Prevention Act.

Rep. Mickey Michaux (D-Durham), who chaired the House Select Committee on Gang Violence Prevention prior to the start of the 2005 General Assembly, introduced the legislation, House Bill 50, to combat gang violence by creating additional felonies and stiffer penalties for gang members. It also seeks $20 million for gang prevention initiatives and $150,000 for a statewide database of criminal gang members. The House budget provided $3 million in grants that would be provided to community organizations with prevention programs.

The Governor's Crime Commission recently released a report, which found 387 gangs in North Carolina with 8,517 members last year. This statistic is up 68 percent when compared with police responses from a 1999 questionnaire. However, it is not clear how much those numbers signal a rise in gang membership and how much is attributed to police better recognizing gang activity. Many police agencies are now reporting and tracking gang-related crimes better than in years past. Federal officials also announced earlier this week that they had made 582 arrests across the nation, including 77 in North Carolina, during its "Operation Community Shield" sweep of violent gangs. North Carolina led other states in the number of arrests, including 18 in the Charlotte region, 34 in Raleigh and 25 in Winston-Salem.

Specialty Beer Coming To North Carolina

2005-08-05T16:44:00.000-07:00

The Legislature has approved a bill to raise the maximum alcohol content of beer that could be sold in North Carolina. The bill will allow a broader ranger of specialty beers in the state and should create new jobs. The House passed the legislation (House Bill 392) in April, the Senate approved the measure on Wednesday, and it now goes to the Governor for his signature.

Currently, North Carolina is one of six states in the nation that has a low alcohol content requirement. Microbreweries and beer aficionados have lobbied for the measure, which would allow beers above the current 6 percent alcohol limit to be brewed or sold commercially in the state and could create new jobs in the specialized industry. Beers with alcohol content over 6 percent would be clearly labeled. More than a third of the world's beer types have been unavailable in North Carolina because of the limit on alcohol content.

Supporters of the legislation said that it would expand the number of specialty brews that could be sold here, not tempt problem drinkers to imbibe more powerful beer. Opponents said it would offer a stronger, more dangerous option for young people who are prone to binge drinking; however, given the unique and sometimes bitter taste of the beer, as well as the estimated $4-8 cost per beer, it is highly unlikely that young people would make this choice. Mothers Against Drunk Driving (MADD) remained neutral on the bill, which garnered bi-partisan support.

Roads and Bridges

2005-08-05T16:40:00.000-07:00

The Legislature has given final approval to a measure that would triple the number of potential toll-road projects in North Carolina and attempt to speed up construction of two coastal bridges. The House approved Senate changes to House Bill 253, which would allow nine toll projects to be considered by the North Carolina Turnpike Authority. Also, the state could create a private toll road bridge, likely connecting mainland Currituck County to the northern Outer Banks. Another provision of the bill would accelerate construction of a replacement for the Herbert C. Bonner Bridge, which crosses Oregon Inlet. The measure now awaits the Governor's signature.

House Combines Car Registrations and Tax Payments

2005-08-05T16:38:00.000-07:00

The House approved a bill on Thursday that would allow automobile owners to pay their property taxes and their license tag renewal at the same time. The bill, House Bill 1779, should result in the collection of $80 million a year in taxes that go unpaid. Currently there is a months-long lag between the tag renewal and the property tax bill. The measure would require the DMV and the N.C. Department of Revenue to develop an integrated computer system by 2009 so that vehicle property-tax bills and registration-renewal forms could be mailed as a single bill.

The bill sponsor, Rep. Dale Folwell (R-Forsyth), said that the bill should save cities and counties $8 million a year in postage by reducing the number of past-due notices that are mailed. Gloria Whisenhunt, Chairwoman of the Forsyth County Board of Commissioners, told the House Finance Committee that one-third of auto owners across the state do not pay their vehicle property taxes on time. Another person stated that tax collectors statewide collect 86 percent of the property taxes due on cars.

DMV officials reported to fiscal analysts for the General Assembly that reworking the DMV's computer systems to allow for joint billing could cost as much as $304 million. However, legislative analysts noted that DMV computer software would need to be rewritten in the next few years regardless. To help pay for the new system, the bill would raise interest charges on unpaid local property-tax bills on vehicles from 2 percent to 5 percent for the first month after taxes are due. Analysts estimate that the change would raise $6.7 million a year.

Increasing Voter Turnout 8-05-05

2005-08-05T16:32:00.000-07:00

The House gave final approval on Thursday to legislation that would let voters in Chapel Hill and Carrboro cast ballots at locations of their choosing. The bill, Senate Bill 98, would create a pilot program through the 2006 elections in which "super precincts" would be created, likely in easily accessible areas that have plenty of parking. Voters at these locations could cast votes, either in early one-stop voting or on Election Day. Supporters say the idea could increase voter turnout by making voting more convenient for commuters and others, compared to standing in lines at local precincts near their homes. The bill was approved mostly along party lines, and sent back to the Senate, which passed a somewhat different version of the measure, so a compromise will have to be reached. The Guilford County Board of Elections is interested in participating in such a pilot project and we are working to get them included in the experiment.

Smoking In Restaurants

2005-08-05T16:29:00.000-07:00

A House Judiciary Committee unanimously approved legislation on Thursday to restrict smoking in North Carolina restaurants. Under the proposal, if a restaurant wants to provide a smoking area for its customers, it cannot exceed 25% of the dining room and must be separate and apart from the main dining area. The smoking restrictions would not apply to restaurants with a seating capacity of 50 people or less. The bill would also prohibit minors from working in the smoking areas of restaurants without signed written permission of the minor's parent or guardian.

Smoking Ban In Prisons 8-05-05

2005-08-05T16:28:00.000-07:00

North Carolina would ban smoking inside prisons under Senate Bill 1130, which received final approval by the House on Thursday. Superintendents in at least 51 of the state's 76 prisons already bar indoor smoking by prisoners and Correction Department employees. The remaining prisons would have to prohibit smoking by Jan. 1, 2006 if the bill is signed into law. Smoking still would be allowed in prison yards. Senate Bill 1130 also orders the department to ban smoking completely in at least one prison as a pilot project and report to the General Assembly on how it was implemented. The officials also would tell lawmakers by early 2007 about the feasibility of banning tobacco at all prisons. The state would also provide optional programs to help staff and prisoners quit smoking. The Senate already passed a similar version.

Improve Enviornmental Enforcment

2005-08-05T16:27:00.000-07:00

A bill that would strengthen enforcement for environmental violations passed House Finance on a very tight voice vote last Thursday. HB1283, Improve Environmental Enforcement, Bill Culpepper (D-Chowan), raises penalties for violations of the Sedimentation Pollution Control Act, Coastal Area Management Act, Solid Waste Management Act, and Wastewater Systems Act(pdf file). It also allows the Department of Environment and Natural Resources (DENR) to recover investigative costs, and authorizes DENR to require violators to take environmental educational courses or perform community service in lieu of or in addition to paying fines. Additionally, the bill authorizes DENR to undertake a 4-year pilot program to retain actual costs of collection. Under the North Carolina Constitution, public schools receive all fines and penalties collected by the State, minus the department's cost of collection, which in DENR's case has been limited to10% regardless of the actual cost of enforcement, which is often higher than the payment received.

Predictably, several interests spoke against the bill. Paul Wilms, Homebuilder's Association, said developers were concerned about the steep increase in fines and the granting of authority to DENR to prescribe education or service in lieu of fines, which, he said, was a power traditionally reserved to the courts. He did acknowledge some changes to the bill which helped him "feel better about it," including limiting the number of statutes under which a developer could be fined - for instance, a developer could be fined under either the Sedimentation or Coastal statutes, but not both. Mac Boxley, NC Aggregates Association and John Long, Martin Marietta, echoed Wilms' concerns. Boxley said the bill would have a "chilling effect on efforts to attract and retain quality businesses." (Though if they're quality, they shouldn't have anything to worry about, right?) Leanne Winner, NC School Boards Association, objected to the pilot funding project, saying she has offered to work with DENR on a more limited pilot. Robin Smith, DENR, spoke for the bill, saying the pilot will enable the agency to collect more fines - 30% currently go uncollected - thus benefiting schools, and that fines need to be raised to deter violations.

Among committee member debate, Rep. Bruce Goforth (D-Buncombe) said the bill could bankrupt small companies and "drive up the cost of road building" - unwittingly making the argument for the bill that violations are currently commonplace. Rep. Curtis Blackwood (R-Union) complained there had been no stakeholder involvement and the bill was "unilaterally ramming something down their throats." Russell Capps (R-Wake) called the bill "extremely radical." Rep. Pryor Gibson (D-Anson) noted that stakeholders have had plenty of time to weigh in, and added, "I have no sympathy for anybody that intentionally violates environmental laws in our state." Rep. Jennifer Weiss (D-Wake) defended the bill, noting that sedimentation is the number one cause of water pollution in North Carolina, and increased penalties are needed "so it is not just the cost of doing business to violate these laws."

Health Care Tax Credit, Small Businesses/Minimum Wage Increase

2005-08-05T15:50:00.000-07:00

The House Finance Committee passed legislation on Thursday that will provide a tax credit for small businesses that provide health insurance to employees and increase the state's minimum wage. The legislation, House Bill 20, combined the two issues and the bill sponsors, Reps. Hugh Holliman (D-Davidson) and Alma Adams (D-Guilford) argued the bill would help our state's workers and small business owners, while ensuring better access to health care for more North Carolinians.

First, the bill would provide a tax credit for small businesses that provide health insurance to employees, which business leaders have said is one of the biggest expenses that they struggle to meet for their employees. Representative Holliman said that we are all looking for ways to help our small businesses with less than 25 employees grow and prosper and this bill accomplishes this goal.

Secondly, the bill would increase our state's minimum wage to $6.00 per hour. The national minimum wage of $5.15 has not increased since 1997 and inflation has eroded 14 percent of its buying power since then, supporters argued. Fifteen states and Washington, D.C. now have minimum wages greater than $5.15. Florida recently raised its minimum wage to $6.15, indexed to inflation, which resulted from a 2004 ballot initiative that was approved by 71 percent and passed in every county.

The 85-cent increase is a compromise on a previous bill, which originally sought to increase the wage to $8.50 by 2007, but in June, was scaled back to $6.15 over the next year. The N.C. Budget and Tax Center said that modest increases in the minimum wage would have minimal or no impact on employment in the state despite opponents' claims stating otherwise.

There have been approximately 20 wage increases over the past 67 years and supporters argued that no evidence exists that proves an increase would lead to lost jobs. According to the census bureau, there are approximately 101,000 North Carolinians (3% of our state's total workforce) making minimum wage or approximately $10,700 per year. Roughly half of these people are family breadwinners and do not receive other state assistance such as Medicaid to help with expenses; three-fourths are 20 years and older, which includes 51.8% over 25 years old.

Budget Update 08-05-05

2005-08-05T15:44:00.000-07:00

Legislators approved another stopgap spending measure on Thursday, which will keep state government operating for another week in lieu of a permanent budget for the next two years.

Negotiators seem to have reached agreement on the cigarette tax, pay raises for teachers and state employees, and a provision that would allow certain UNC campuses to set their own tuition rates.
The cigarette tax will increase by 25 cents a pack September 1, 2005 and another 5 cents July 1, 2006. The original House budget raised the tax 25 cents, the Senate, 35 cents. State employees will get a two percent raise or an $850 increase, whichever is greater, far less than the State Employees Association sought.

The budget will also include provisions to change the lottery bill the House passed earlier this session, removing many of the restrictions that were critical in garnering support from several House Democrats. The Senate will still have to vote on the lottery as separate legislation. Five Democrats remain opposed to the plan. Reportedly, Senate leaders have convinced one Republican to support the lottery, so it would pass even if all five Democrats voted against it.

Senate leaders decided to drop the UNC tuition provisions. The Senate had included the provision in its budget and continued to push the idea with campus trustees; however, almost all House Democrats, the UNC Board of Governors, campus chancellors, former governors, and other leaders from across the state are opposed to the idea, with many arguing that the policy change would harm the university system and governing board. Another troubling component of the proposal would have provided instate tuition for out of state scholarship recipients. The UNC campuses are heavily subsidized by North Carolina's taxpayers, hence the low tuition for in-state residents.

Other updates - Details on the revenue side of the budget are coming together and it doesn't appear as though taxes on entertainment or movies will increase. Consumers may pay slightly more for candy, liquor, and cable television. Liquor (currently taxed at 6 percent), satellite television (5 percent), and phone service (6 percent) all would increase to 7 percent as part of the agreement - thus an increase of a few cents on candy or a few dollars at most on the more expensive items. The three items were raised as part of a national agreement involving approximately 40 states to streamline or balance various taxes. The idea is to prompt Congress to pass legislation that would compel online retailers to collect sales taxes from customers in states where the retailer does not have a brick-and-mortar store - and thus allow North Carolina to collect these tax dollars to pay for items in the budget such as education or health care. Cable television also will be taxed at 7 percent, which would be the same as satellite, but cable providers would get credit for the franchise tax they pay to local governments, which is as much as 5 percent.

The two chambers have also resolved another significant problem that was discovered in the past week involving N.C. Health Choice, which is the health insurance program for families who do not qualify for Medicaid. A math error revealed that the state would run out of federal money to run the program sooner than expected, threatening the enrollment of 30,000 of the 140,000 children who receive the health insurance. Negotiators agreed to solve the problem by shifting enrolled children ages five and under to Medicaid, the government health insurance program for the poor. The decision will save money by spending federal matching money for N.C. Health Choice more slowly and by reducing physician reimbursement rates.

I would also like to clarify some misinformation that is being spread around to educators and parents regarding teacher assistant positions. Some have stated in the past week that more than 2,000 positions could be cut, but this is inaccurate and I can assure you that we're continuing to try to put additional funding in the education budget. Furthermore, Local Education Agencies (LEAs) did not use all available funding from past budgets on these positions - more than $9.6 million in last year's budget and more than $8.1 million in the 2003-04 school year - so budget negotiators decided, based on recommendations by local superintendents, that the budget should provide adequate funding for the positions and the unnecessary funding would be shifted to other education programs. And, several superintendents across the state have been quoted in news articles saying that they were planning to hire even fewer teacher assistants than what is being proposed by the legislature.

Some critics have argued that the budget negotiations must wrap-up so the legislature can adjourn for the year, which was the reason that many Republicans voted against the extension to keep government running. The issues being discussed take time to resolve and it's better to take the time to get it right than to rush through the process. Even though North Carolina does not have session limits, as do some other states, our legislature continues to be one of the most efficient and least expensive in the nation with only six other states with lower operational expenses.

We remain committed to passing a good budget that ensures adequate funding for our priorities such as education at our K-12 schools, universities and community college, health care and human services for our state's neediest citizens, public safety programs for our neighborhoods, pay raises for teachers and state employees, and adequate funding for environmental protection. We must meet the growing demands of our state and its people not balance the budget on the backs of those most in need.

Greetings From Raleigh 8-05-05

2005-08-05T15:39:00.000-07:00

Greetings,

This was another busy legislative week in Raleigh. House and Senate members continued our work on the budget and other legislation that must pass before the end of the session. We're getting close to a final agreement on the budget and it is anticipated that we'll be able to get it wrapped up by early next week. Several other important topics were discussed in committee or on the House floor this week, including a tax credit for small businesses, an increase in the state's minimum wage, a ban on smoking in restaurants, and improved environmental enforcement.

REMINDER: SALES-TAX-FREE WEEKEND STARTS TODAY

As always, it continues to be an honor and a privilege to represent you in Raleigh

Cheers

Pricey

Reminder- Sales Tax-Free Weekend is August 5-7

2005-07-29T12:55:00.000-07:00

Mark your calendars - North Carolina's three-day, sales-tax-free weekend is August 5-7th. The holiday, in its fourth year, will allow parents to buy needed back-to-school items and other North Carolinians can take advantage of the discounts as well.

Customers will be able to purchase certain items during the weekend without paying a sales tax. These items include clothing, shoes and school supplies that cost less than $1,000 per item and computers for personal use that are priced less than $3,500. Shoppers will see a few changes this year, specifically in the computer software and printer supplies category. Canned software, or packaged software sold off-the-shelf, will be taxed this year, as will be printers and printer supplies. Computer parts such as the monitor, keyboard, mouse, speakers and cables are not taxed when sold with a central processing unit, but are taxed when sold separately. Additionally, shoppers this year can add school supplies such as blackboard chalk, cellophane tape, index card boxes, markers, pencil boxes, rulers and writing tablets to the approved list.

During the 2001 budget crisis the North Carolina General Assembly was forced to raise the state's sales tax to 7 percent (7.5 percent in Mecklenburg County) in order to balance the budget and meet the state's needs in education, health care, public safety and other vital state-funded programs. Realizing that the sales tax increase hurts both consumers and retailers, the General Assembly voted to offset this plan by creating a weekend that was free of sales tax on items parents will be buying to send their children back to school.

Nurses/Assisstants Supervised Who Provide Anesthesia To Patients

2005-07-29T12:54:00.000-07:00

After weeks of debate, a bill dealing with the role of nurse anesthetists finally made it out of a House health committee and has been referred to the House Finance Committee. Doctor's groups contend that the legislation simply "confirms and reiterates" the state mandate that physicians supervise certified registered nurse anesthetists, or CRNAs. Supporters of the bill, which is sponsored by Rep. Jim Harrell, D-Surry, say that codifying is needed to help deter more legal challenges from nurses who disagree. The N.C. Board of Nursing sees it differently. The group says an 11-year-old consent order between it and the N.C. Medical Board enables CRNAs to perform anesthesia services "in collaboration with a physician." The agreement prohibits CRNAs from prescribing a medical treatment or diagnosis "except under the supervision of a licensed physician." Both sides disagree on whether administering an anesthesia falls under the category requiring the supervision of a physician. A lawsuit over the issue is pending. Many of you have been in touch with me on this subject and I would really appreciate your feedback on the revised proposal.

Restitution For Crime Victims

2005-07-29T12:48:00.000-07:00

The House Judiciary Committee approved legislation that would give state officials and crime victims more tools to collect restitution from criminals. The Crime Victims Restitution Act, House Bill 788, now moves to the Appropriations Committee. The bill would force employers to withhold income from some convicted criminals. It would also keep some criminals on probation until they have paid all restitution, and it would prohibit a judge from considering a defendant's ability to pay when determining restitution. Rep. Hugh Holliman, D-Davidson, said that only 60 percent of restitution that is imposed in North Carolina is ever paid, compared with 80 percent in some states. Legislators passed a bill in 1998 that, for the first time, required judges to order restitution in certain cases. In a statewide referendum in 1996, voters made restitution for crime victims a right under the North Carolina Constitution.

Increasing Voter Turnout

2005-07-29T12:46:00.000-07:00

The House has given tentative approval to legislation, which would let voters in Chapel Hill and Carrboro cast ballots at locations of their choosing. The bill, Senate Bill 98, would create a pilot program through the 2006 elections in which "super precincts" would be created, likely in easily accessible areas that have plenty of parking. Voters at these locations could cast votes, either in early one-stop voting or on Election Day. Supporters say the idea could increase voter turnout by making voting more convenient for commuters and others, compared to standing in lines at local precincts near their homes. The bill was approved by an initial vote of 61-56 mostly along party lines on Tuesday and a final vote may happen next week. The Senate has passed a somewhat different version of the bill, so a compromise will have to be reached. Guilford County Board of Elections would like to try a similar pilot project and we are working on such legislation.

Unclaimed Property Fund For Scholarships

2005-07-29T12:44:00.000-07:00

A bill heading to Gov. Mike Easley's desk for signature would give State Treasurer Richard Moore additional flexibility to invest in the $600 million unclaimed property fund. The House gave final legislative approval to a measure giving the treasurer the authority to invest up to 20 percent of the fund in stocks, real estate trusts and venture capital. Moore currently can only invest in government securities and more liquid investments. The fund is important because proceeds from the fund's investments go toward scholarships for needy college students. The fund retains cash from long-forgotten insurance policies, checking accounts and utility deposits. Some owners ultimately recoup their money. The bill was approved by a vote of 116-1. The Senate approved the changes earlier this year. Many of you may remember that I published a list of folks in Guilford County who were owed money by this escheats fund. I still have that publication available, but it is probably faster to check the website. If you need a copy, please let me know.

To find out if you have unclaimed property, go to www.nccash.com

Smoking Ban In Prisons

2005-07-29T12:41:00.000-07:00

North Carolina would ban smoking inside prisons under a bill that cleared by the House judiciary committee on which I sit. Superintendents in at least 51 of the state's 76 prisons already bar indoor smoking by prisoners and Corrections Department employees. The remaining prisons would have to prohibit smoking by January 1, 2006. Smoking still would be allowed in prison yards. Senate Bill 1130 also orders the department to ban smoking completely in at least one prison as a pilot project and report back on how it was implemented. The officials also would tell lawmakers by early 2007 about the feasibility of banning tobacco at all prisons. The measure now goes to the full House. The Senate already passed a similar version.

Making Vending Machines Healthier For Students

2005-07-29T12:40:00.000-07:00

House members took an important step forward in the battle against child obesity on Wednesday by approving new restrictions on vending machines in middle schools. State law currently bars soft drinks from being sold in elementary schools or during a student's lunch period. The Child Nutrition Standards bill, Senate Bill 961, which was recommended by the North Carolina Health and Wellness Trust Fund, expands the soda ban to machines in middle schools and when breakfast is sold. No more than half of the beverages offered to students in high schools from the vending machines could be sugared soft drinks and bottled water also must be offered. Diet soft drinks still could be sold in middle schools. The bill also would prohibit elementary school students from using snack machines. In middle and high schools, 75 percent of the snacks available in the machines would have no more than 200 calories each. The measure, which has already passed the Senate, now goes to Gov. Mike Easley for his signature.

House Committee Approves ATV Regulations 7-29-05

2005-07-29T12:37:00.000-07:00

The House approved legislation on Thursday that would prohibit children younger than 8 years old from operating an all-terrain vehicle (ATV). There is currently no minimum age requirement in our state, which makes North Carolina one of only five states without regulations. The Senate has passed a slightly different version of the bill so negotiators from both chambers will begin to work on a compromise.

Bill supporters argued that the changes, which also require drivers to complete a safety course, would lead to fewer deaths and serious injuries. The measure would allow children ages 8 to 15 to operate only child-sized ATVs under an adult's close supervision. An amendment was approved that also reinstated an exemption for hunters and farmers, and for those who owned the ATV prior to enactment of the legislation. Violators would be subject to an infraction, punishable by fines of up to $200. Some opponents argued that parents should decide at what age their child should be allowed to operate the machines. The bill was given initial approval on Wednesday by a vote of 70-41 and final approval on Thursday by a vote of 77-33.

North Carolina ranked 10th nationally with 189 ATV-related deaths from 1982-2002, according to the U.S. Consumer Product Safety Commission. The number of children under 16 who died in ATV-related accidents in our state doubled from five in 1999 to 11 last year. Supporters of the bill cite statistics showing that of the 157 ATV deaths in the state between 1999 and 2004, 43 involved children under 16 and 22 involved children under 12. There have been several accidents across the state this year where children were killed or seriously injured.

Dupont Liability For Transylvania County Site

2005-07-29T12:35:00.000-07:00

A bill to release Dupont from liability for cleanup of environmental contamination at their manufacturing site in Dupont State Forest re-emerged suddenly in House Rules Committee on Wednesday and was quickly passed by the House later that day. The bill, Senate Bill 629, Manufacturing Redevelopment Districts, introduced by Sen. John Snow (Cherokee-D), was passed by House Commerce Committee in June, but was pulled from the House calendar and sent to the Rules Committee while Governor Easley negotiated some changes with the bill proponents.

Under the bill, Dupont would transfer title of the land to Transylvania County, who would then immediately transfer it to a new company, Ilford, which manufactures photographic paper. In exchange, Dupont would receive partial immunity for contamination at the site and Ilford assumes all cleanup liability. After Ilford has ceased operations and completed cleanup, they transfer the title to the State and the land becomes part of Dupont State Forest. The substitute bill makes several changes: 1) limits Dupont's immunity; 2) takes the State out of the chain of title, and thus the chain of liability, by passing the title through Transylvania County instead; 3) increases Ilford's accountability for cleanup; 4) requires Ilford to remove all buildings before transferring the land to the State; and 5) requires Ilford to provide a certain level of investment and jobs. The new version theoretically does not provide complete immunity for Dupont, but what they would practically be liable for is unclear. Additionally, while language requiring the new operator (Ilford) to guarantee cleanup of the contamination has been strengthened, what would happen in the event of bankruptcy is also unclear. In House Rules, there was little debate, and the bill passed unanimously.

On the House floor, the rules were suspended to allow the bill to be considered the same day and it passed on a vote of 109-2. I voted against it because of constitutional concerns and issues related to the uncertainty of the cleanup of the contaminated site.

Lobbying Reform Bill Advances In House 7-29-05

2005-07-29T12:31:00.000-07:00

Following last week's passage by a judiciary committee, the House Finance Committee has now approved lobbying reform legislation and referred it to the Appropriations Committee, which could sign off on the measure and send it to the full House for a vote as early as next week. The legislation, which is sponsored by House Majority Leader Joe Hackney, D-Orange, would require lobbyists to file monthly reports during the General Assembly session to disclose all expenses - above $10 - to legislators and high-ranking executive branch officials. The bill also proposes an important "cooling off" requirement that would prohibit legislators from immediately jumping into lobbying. The proposal is a substitute for the Senate's lobbying bill that capped spending on individual legislators at $100 annually, but included a broad exception for non-profits and only required biannual expense filings. Both bills would eliminate "goodwill lobbying," which allows lobbyists to spend unlimited amounts on legislators for meals and entertainment and not report it to state regulators if specific legislation is not discussed. A commission led by Secretary of State Elaine Marshall and composed of lobbyists, legislators, and special interest advocates recommended changes to the lobbying rules last year. (Many of you may have seen my op-ed in the News and Record on this subject last Saturday.)

House Passes Strong, Comprehensive Meth Bill

2005-07-29T12:12:00.000-07:00

The House approved legislation on Wednesday that seeks to reduce the increase of methamphetamine (meth) production and use in North Carolina. In recent years, meth has become one of the biggest crime problems in North Carolina and is having a dramatic impact on many communities and families. The Methamphetamine Lab Prevention Act, Senate Bill 686, was approved by a vote of 111-0. Supporters of the House bill said that North Carolina would have one of the nation's strictest laws governing the sale of cold medicines used in the making of meth if the measure becomes law.

Medicines that contain ephedrine or pseudoephedrine, such as Sudafed, would be required to be kept behind a counter and customers would need to show a photo ID to purchase the products. Meth-makers "cook" the stimulant out of cold medicine tablets. The House bill also expands the limitation of access to gel and liquid caps and children's cold syrup.

The House measure also goes further than the Senate bill by requiring video surveillance of sales areas for cold medicines, more restrictions on where the products are kept at stores, civil penalties for retail violators, training requirements for employees who sell the medicine, and regulations for wholesalers that sell cold medicine. The House bill would also increase the penalties for shoplifting or embezzlement of cold medicines and allow individuals with a pattern of meth abuse to be held without bond once arrested. Several states, such as Oklahoma, which included a presumption against bond in their anti-meth legislation, have said that this provision has had a big effect on preventing repeat offenders from getting out on bond while awaiting trial and setting up another meth lab.
The House proposal is a stronger and more comprehensive bill than that proposed by the Senate, and is based on legislation adopted by many states including Oklahoma, Georgia, Iowa, Missouri, Tennessee, California, and several others states that have also experienced a rise in meth production and use in recent years. Rep. Rick Glazier (D-Cumberland), who chaired the judiciary subcommittee that drafted the new House proposal, and other members of the Judiciary IV Committee should be commended for their extensive research on this issue.

The House anti-meth bill will now go back to the Senate for approval. If the Senate does not agree to the House bill, members of both chambers will begin negotiations on the two proposals in an effort to pass a compromise bill.

North Carolina's meth problem has increased over the past few years, and legislators, the Governor and Attorney General Roy Cooper have been working to battle the spread of secret drug labs that produce the dangerous drug. In 1999, the first year that meth labs were reported in North Carolina, SBI agents discovered 9 labs. That number has skyrocketed, with agents shutting down 322 labs in 2004 and more than 135 so far this year. In 2004, 124 children were found living in meth labs in the state. Children in these homes are threatened by toxic chemicals, fire and explosions, and are often neglected or abused. Thus far in 2005, more than 50 children have been removed from homes where meth was being made.

Budget Update 07-29-05

2005-07-29T12:05:00.000-07:00

The House and Senate budget negotiators continue their work on the budget and hope to reach a final compromise on the approximately $17 billion spending plan soon. Legislators are trying to pass the budget prior to August 5,2005, when the current "continuing resolution" expires. House Speaker Jim Black said that he and House budget negotiators want to get a budget approved as quickly as possible, but they would not rush through the process and would take the time needed to ensure passage of a good budget that meets the growing needs of our state and its people.

The Senate appears to have given up on its proposal to reduce or eliminate Medicaid coverage for 65,000 elderly, blind, and disabled patients, (that would have saved the state $53 million this year). State officials estimated 8,000 people would have lost their health coverage entirely had the proposal become the law. House and Senate negotiators were still working this week on spending for the Department of Health and Human Services, which oversees Medicaid.

Budget negotiators have reached a tentative agreement that would maintain the current sales tax rate. In addition, the personal income tax rate would remain the same for individuals making an average of $800,000 a year.

The main points of contention between House and Senate budget negotiators are the cigarette tax, adequate pay raises for teachers and state employees, the state health plan, repayment to the state retirement plan, and the lottery. No matter how you feel about the lottery, the idea of placing the item in the budget without the opportunity for discussion and debate is bad government. This idea seems to be coming from the Governor's office, along with an arbitrarily arrived at spending cap which is proving to be one of the biggest budget nightmares. This self-imposed cap is preventing us from adequately funding education, health care, environmental protection, etc. Many of us are quite frustrated by this cap, and hope it does not impede good budget decisions. We remain committed to taking care of our citizens, including our teachers and state employees - not balancing the budget on the backs of our people in need. I have become especially concerned about adequate funding for those in need of HIV/AIDS assistance. We have one of the weakest assistance programs in the country; folks who make more than $12,000 a year who need drugs that cost $13,700 a year, are ineligible in North Carolina. This is an example of how this artificially imposed a spending cap affects real folks, who will die because they can't meet our very strict eligibility requirements.

Greetings From Raleigh 7-29-05

2005-07-29T12:01:00.000-07:00

We've had another busy week at the General Assembly! House and Senate members continued their work on the budget and other legislation that must pass before the end of the session. Several other important topics were discussed in committee or on the House floor this week including tougher restrictions and penalties to combat methamphetamine, lobbying reform, ATV regulations for children, vending machine regulations for schools, and improved environmental enforcement.

As I've said many times, it continues to be an honor and a privilege to represent you and please continue to let me know how you feel on issues before us.

Cheers
Pricey

Additional Updates 7-22-05

2005-07-22T14:02:00.000-07:00

* The death penalty study bill (HB 529) will be up for a full vote by the House on Monday, July 25.

* Stephen's Law (HB 217) is being reworked in conference, and should be voted on by the House and Senate within the next two weeks.

* Global Warming Study Commission is also being negotiated in a conference committee, where there are only two small differences between the House and Senate versions.

* The Salt Water Recreation Fishing License conferees met this week to begin settling the differences between the House and Senate versions.

Cracking Down On Movie Piracy

2005-07-22T14:01:00.000-07:00

The House gave its final approval to legislation that would make it a state crime to record or copy a film showing in a movie theater. Similar laws are on the books in 22 other states and in the federal code. The measure creates a new criminal offense. The first act of film piracy would result in a misdemeanor. A second would lead to a felony. In the past, federal copyright laws have addressed actions of film piracy. The bill was approved unanimously and sent to the Senate for consideration.

A 2003 study by AT&T Laboratories and the University of Pennsylvania estimated that fake VHS and DVD copies of films cost the industry $30 billion a year. Even so, their study, which looked at illegal content available on the Internet, put the blame for most of the activity on disks made during production or prior to release that were stolen from or leaked by industry insiders.

Training More Teachers For North Carolina Schools

2005-07-22T13:58:00.000-07:00

This week Governor Easley signed a bill into law that will ease North Carolina's shortage of highly qualified teachers in our state. The new law allows community colleges to set up a study program for students who want to become teachers through lateral entry. Anyone with a college degree will be able to attend a community college rather than a university to earn a teaching certificate. Studies show that North Carolina needs to hire about 10,000 teachers each year. However, of the 3,000 teachers graduating from our colleges each year only 2,200 end up teaching. Further, about 30% leave the profession within 3 years.

Soft Drinks In Schools

2005-07-22T13:57:00.000-07:00

On Tuesday, the House Education Committee passed Senate bill 961, which puts new restrictions on school vending machines. Proponents of the bill say that selling soft drinks in schools is contributing to the growing problem of childhood obesity in our state. The bill now goes to the House floor for consideration.

House Committee Approves ATV Regulations

2005-07-22T13:55:00.000-07:00

A House judiciary committee approved legislation on Tuesday that would prohibit children younger than 8 years old from operating an all terrain vehicle or ATV. North Carolina one of only five states with no minimum age requirement. The bill includes a possible fine of up to $200 for violations.

Voter Verifiable Paper Trail

2005-07-22T13:54:00.000-07:00

A Senate committee approved a bill implementing new voting machine standards that would require a paper record of each ballot cast and require sample hand counts to ensure accurate totals. Counties would be limited to using three voting systems: optical scan ballot machines, electronic recording machines, or paper ballots counted by hand. Electronic machines, which caused problems in Carteret and Burke Counties in November, 2004, would have to generate a paper record that is "viewable by the voter before the vote is cast electronically," although it could not be touched by the voter because it would serve as a backup for recounts. Computer programming code for voting machines must be made available for review by political parties and state officials. The bill now heads to the Senate floor.

Same Day Voter Registration 7-22-05

2005-07-22T13:53:00.000-07:00

The House Election Law and Campaign Finance Reform Committee approved House Bill 851, which would allow voters to cast ballots the same day that they register during the early voting period for elections. State law now requires that a person must be registered 25 days before a primary or an election in order to cast a ballot. The bill, which would take effect with the 2006 elections, would require a person arriving at a one-stop site to show a picture ID or other proof of identity. The person would complete a registration form attesting as a U.S. citizen living in the county for at least 30 days. The person could vote immediately by early absentee ballot, but only on that day. Otherwise, the registration would be voided. The bill was approved along party lines, as has been the case with all campaign reform bills this session.

House Passes Tougher DWI Laws

2005-07-22T13:52:00.000-07:00

The House unanimously approved several changes to North Carolina's drunk driving laws on Wednesday, with the intent of improving enforcement and conviction rates. The bill was based on many recommendations of a task force led by Governor Easley. House Bill 1048, which was sponsored by House Majority Leader Joe Hackney (D-Orange), now goes to the Senate for consideration.

Many changes are designed to ensure that judges, prosecutors and law enforcement statewide follow the same streamlined procedures in handling these cases. House members agreed to an amendment that would make any commercial driver guilty of driving while impaired if a police officer's test reveals any alcohol in the person's blood. The bill also requires keg permits and disclosure by someone who buys a keg and drives somewhere else in North Carolina; toughens punishment for felony deaths by vehicle, a charge that is used in cases where the driver is impaired; and allows a judge to require substance abuse treatment, community service, and other punishments for those under 21 who plead guilty or are found guilty of driving after consuming alcohol. The bill also now makes it a crime for those under 21 to consume alcohol and allows law enforcement officials to test underage passengers in vehicles and other locations to be tested for alcohol consumption (a change from current law).

Extending North Carolina's Jobs Incentives Program 7-22-05

2005-07-22T13:49:00.000-07:00

Two of North Carolina's economic incentives tools would stay in effect for at least two more years in a bill headed to Gov. Mike Easley's desk following final legislative approval earlier this week. The House agreed by a final vote of 79-34 on Wednesday in favor of extending the William S. Lee Act and the Job Development Investment Grant (JDIG) program. The Senate has also approved the bill.

The legislation would allow a four-year extension for two kinds of projects in Lee Act development zones, an insert designed to attract the Cheesecake Factory to Rocky Mount and a Dole Foods plant to Gaston County. The Cheesecake Factory is expected to create up to 500 new jobs and the Dole plant could create up to 3,000 new jobs

The bill also extends by two years the state's Job Development Investment Grant (JDIG) program, which gives back to companies cash grants equal to a portion of state withholding taxes generated by their jobs. The JDIG program has helped the state to create more than 10,000 new jobs since 2001.

Opponents of the bill argued the extensions should not have been so long and argued that the Lee Act needs significant revision. The bill considered by the House had not been deliberated in committee, and instead appeared before the House as a substitute for an entirely different matter than the House had sent to the Senate. The Lee Act has received significant criticism since it was first enacted in 1996.

Lobbying Reform Bill Advances In House

2005-07-22T13:46:00.000-07:00

A House judiciary committee agreed Tuesday to require lobbyists to file monthly reports during the General Assembly session to disclose all expenses to legislators and high-ranking executive branch officials above $10. The measure is a substitute for the Senate's lobbying bill that capped spending on individual legislators at $100 annually, but included a broad exception for civic and trade associations and retained biannual expense filings. Both measures would eliminate "goodwill lobbying," which allows lobbyists to spend unlimited amounts on legislators for meals and entertainment and not report it to state regulators if specific legislation is not discussed. The bill also requires a "cooling off" period of one year before legislators can become lobbyists. A commission led by Secretary of State Elaine Marshall and composed of lobbyists, legislators, and special interest advocates recommended changes to the lobbying rules last year, after concluding that we had some of the weakest lobbying rules in the country.

House Committee Passes Stronger, More Comprehensive Meth Bill

2005-07-22T13:44:00.000-07:00

A House judiciary committee approved legislation on Tuesday that seeks to stop the increase in methamphetamine production and use in North Carolina. In recent years, meth has become one of the biggest crime problems in North Carolina and is having a dramatic impact on many communities and families. The House bill has been described as one of the nation's strictest and most comprehensive laws governing the sale of cold medicines used in the making of meth and is much stronger and more comprehensive than a bill passed by the Senate.

Medicines such as Sudafed would be kept behind the counter in pharmacies and grocery stores in part to curb the production of meth in clandestine labs in North Carolina. Meth-makers "cook" the stimulant out of the tablets. The House measure adds more teeth to a bill passed by the state Senate, including video surveillance of sales areas for cold medicines containing ephedrine or pseudoephedrine, civil penalties for retail violators, and more restrictions on where the products are kept at stores. The House bill would also regulate children's cold syrup, gel, and liquid forms of the medicines, which were not addressed in the Senate bill. Individuals buying the medication would be required to sign a logbook with their name and address.

As in the Senate bill, consumers would have to show photo identification at the pharmacy counter, where most of the medicines would be stored. But stores that don't have a pharmacy could still sell them at a single designated register where the packages would be kept. This change was made in response to the concerns expressed by many law-abiding consumers in rural areas who worried that they would have to travel 10 to 20 miles to a pharmacy instead of being able to purchase cold medicine at a local grocery store.

North Carolina's meth problem has increased over the past few years, and legislators, the governor, and Attorney General Roy Cooper have worked to battle the spread of secret drug labs that produce the dangerous drug. In 1999, the first year that meth labs were reported in North Carolina, SBI agents discovered 9 labs. That number has skyrocketed, with agents shutting down 322 labs in 2004 and more than 135 so far this year. In 2004, 124 children were found living in meth labs in the state. Children in these homes are threatened by toxic chemicals, fire, and explosions, and are often neglected or abused. Thus far in 2005, more than 50 children have been removed from homes where meth was being made.

Budget Update 07-22-05

2005-07-22T13:41:00.000-07:00

The House and Senate approved a second temporary budget bill by unanimous votes to keep state government running through August 5, 2005, in order to give budget negotiators additional time to reach a compromise on the approximately $17 billion spending plan. The "continuing resolution" also provides more than $205 million in education funding needed to hire new teachers and pay for other items to cover increasing fall enrollment in the public schools, University of North Carolina, and community colleges.

Budget negotiators have reached a tentative agreement that would maintain the current sales tax and personal income tax on individuals making an average of $800,000 a year, but continue to discuss the state's cigarette tax, debating between a 35-cent tax increase preferred by the Senate, and a 25-cent tax increase preferred by the House.

The other main points of contention between House and Senate budget negotiators are adequate pay raises for teachers and state employees, the state health plan, repayment to the state retirement plan, and Medicaid coverage for the blind, disabled, and elderly, which was cut in the Senate budget. However, we remain committed to taking care of teachers and state employees, and not balancing the budget on the backs of our most vulnerable citizens.

Governor Mike Easley also issued an executive order on Wednesday to spend up to $75 million on additional educational efforts across the state. House and Senate leaders and budget negotiators said that most of the programs included in the executive order were generally agreed to in negotiations.

The order instructs the State Budget Office to dedicate the following funding:
* $22.5 million to continue a fund for disadvantaged students in 16 of the state's poorest districts. Governor Easley initiated funding for that purpose last year;
* A $16.6 million increase in money the state distributes to about 70 "low wealth" school districts, where local resources for schools fall below the state average. Last year, those districts got $109 million;
* $16.6 million to expand the state's pre-kindergarten More at Four program, which will increase enrollment capacity for 4-year-olds by 3,200. Last year, the program received approximately $49 million and reached about 13,600 children;
* Nearly $6 million on high school reform projects, including 15 small-scale "Learn and Earn" schools that will be cooperative ventures with community colleges. There will also be 11 other smaller high schools oriented toward particular economic-development themes, such as health science; and
* $11 million for an initiative to open 100 school-based child and family support teams through the N.C. Department of Health and Human Services.

Greetings From Raleigh 7-22-05

2005-07-22T13:36:00.000-07:00

This was an extremely busy week in Raleigh on several fronts. House and Senate members continued their work on the budget and other legislation that must pass before the session can end. Several other important topics were discussed in committee or on the House floor this week including economic incentives used to create new jobs in North Carolina, tougher restrictions and penalties to combat methamphetamine, lobbying reform, voter verifiable paper trails, and same day voting registration.
As I've said many times, 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.

It continues to be an honor and a privilege to represent you in Raleigh.

Cheers

Pricey

Gang Activity Increasing In North Carolina

2005-07-15T09:54:00.000-07:00

Law enforcement officials across North Carolina are aware of more gangs and members than five years ago and are doing more to combat them, according to a new study released this week by the Governor's Crime Commission.

The study reported 387 gangs in the state with 8,517 members last year, which is up 68 percent when compared with police responses from a 1999 questionnaire. However, it is not clear how much those numbers signal a rise in gang membership and how much is attributed to police better recognizing gang activity. Many police agencies are now reporting and tracking gang-related crimes better than in years past.

The General Assembly also recognizes this growing problem. The House Select Committee on Gang Prevention met prior to the start of this year's session in January and made several recommendations on how to prevent gang activity and to increase criminal penalties. The House budget also included $3 million in grants to prevent gang violence.

Better Protection For Airplanes

2005-07-15T09:52:00.000-07:00

The House approved legislation this week that would increase penalties for anyone intentionally pointing a laser beam at a traveling aircraft in North Carolina. An offender of this crime would now be guilt of a felony rather than a misdemeanor if the bill becomes law. The measure, Senate bill 428, has returned to the Senate for concurrence. Federal research has shown laser illuminations can temporarily disorient or disable a pilot during critical stages of flight. The Patriot Act, which was passed by Congress, already makes it a federal crime.

Extending North Carolina's Jobs Incentives Program

2005-07-15T09:50:00.000-07:00

The House and Senate are working to reach an agreement on an extension of the state's primary economic incentives program, which could help the state land several new employers and thousands of jobs in the coming years. The William S. Lee Act, passed in 1996, is due to expire at the end of this year. The bill being considered would extend it for two years and makes no changes. The Senate approved a committee substitute to House Bill 1004 on Wednesday. However, the House wanted to make minor changes to the bill, so conferees were appointed from both chambers to work out a compromise.

The Lee Act currently provides credits of $500 to $12,500 for every job created by certain industries in the state. There are also credits for installing plant machinery and conducting worker training, research, and development. The bill also extends by two years the state's Job Development Investment Grant (JDIG) program, which gives back to companies cash grants equal to a portion of state withholding taxes generated by their jobs and has created more than 10,000 new jobs since 2001.

Several newspapers reported this week that several companies are considering a move to or an expansion in North Carolina, which would help several counties with high unemployment rates. The Cheesecake Factory is expected to create 70 jobs and invest about $12 million to get the bakery running by January. The bakery would be the company's first outside of California. The bakery is expected to employ a total of 500 by 2012.

Same Day Voter Registration

2005-07-15T09:45:00.000-07:00

The House Committee on Election Laws considered a bill to allow same day registration for voters. Other states that allow voters to register and vote on the same day have experienced significant increases in voter turnout. A similar bill has been introduced in past sessions, and may have better luck this session.

Climate Change Legislation Update

2005-07-15T09:44:00.000-07:00

The House and Senate will also have to work out minor differences on their respective versions of a global warming study commission bill. North Carolina will be the first state in the Southeast to conduct such a study and other states have expressed an interest in enacting similar legislation. In the meantime, The John Locke Foundation hosted a luncheon and press conference this week featuring Dr. Fred Singer, one of a handful of scientists out of thousands who disputes that global warming is a problem and that it has any anthropogenic connection. They also distributed a copy of Michael Chrichton's polemic on global warming to all legislators.

Saltwater Fishing License Update 07-15-05

2005-07-15T09:40:00.000-07:00

The House and Senate will have to work out differences in their versions of a bill that reworks a coastal recreational fishing license permit approved last year but that hasn't yet taken effect. The Senate decided to reject the bill that was approved by the House last week. I was appointed to a conference committee made up of members from both chambers formed to reach a compromise.

Contested Schools Superintendent Race

2005-07-15T09:38:00.000-07:00

The joint House-Senate committee examining the unresolved state schools superintendent race held its first formal hearing on Thursday morning. The race between Democrat June Atkinson and Republican Bill Fletcher is the only remaining unresolved statewide election in the nation. Atkinson currently leads Fletcher by 8,534 votes out of more than 3.3 million votes cast last November. The committee heard testimony and evidence and will make a recommendation to the entire General Assembly. Mr. Fletcher said he does not believe the General Assembly should be hearing the case in the first place because the rules approved earlier this year by the Legislature to handled contested elections shouldn't apply retroactively. However, the state constitution clearly gives the Legislature the authority to decide contested council of state races.

Lobbying Reform Debated In House Committee

2005-07-15T09:36:00.000-07:00

A House judiciary committee began debate on a lobbying reform bill on Tuesday. The House bill focuses on more disclosure of lobbyists' expenses to legislators and executive branch officials. The bill also requires lobbyists to report any expenses above $10 in monthly disclosure reports while the General Assembly is in session and quarterly reports at other times. The Senate approved a lobbying reform bill in April that instead put a $100 annual cap on spending on any legislator or person lobbied within the executive branch of state government. Both measures would eliminate "goodwill lobbying," which allows lobbyists to spend unlimited amounts on legislators for meals and entertainment and not report it to state regulators if specific legislation is not discussed. The bill also includes a cooling off period of one year between serving as a legislator and becoming a lobbyist. The House committee will hold additional meetings to discuss the bill before members vote on the measure and send it to the full House for consideration.

Death Penalty Study

2005-07-15T09:33:00.000-07:00

A House judiciary committee on which I sit agreed on a voice vote to a bill that would create a commission to study capital punishment in North Carolina, but stops short of a two-year pause or moratorium on all executions. The same panel agreed at the end of May to a two-year temporary halt to executions while the study was performed to examine pitfalls in the justice system, but supporters did not have the votes to get it through the full House, which prompted the compromise measure.

The latest version would allow a Superior Court judge to delay the execution date of a death-row prisoner if it falls during the study period under certain circumstances. The new version would set up a 15-member legislative study commission to look at how race relates to the death penalty, whether defendants have qualified attorneys, whether prosecutors are following correct procedures and other aspects of the system. I was able to amend the study portion of the bill to add the appropriateness of the application of the death penalty in cases involving the felony murder rule. Legislators would have until early 2008 to finish the study. Opponents say this version is worse than the hard moratorium because it would allow a trial judge to overrule decisions by higher courts. The bill now goes to the full House.

During the study, inmates on death row could ask a Superior Court judge for a stay of execution based on credible evidence of one of seven factors outlined in the bill:

* The inmate is innocent;
* Prosecutorial misconduct may have contributed to the verdict or sentence of death in cases that predate recent law that required prosecutors to give murder defendants their files;
* Errors were made by defense counsel in cases that predate recent state standards for defense lawyers;
* Race was a factor in the handling of the case;
* Execution would not be proportionate with punishments in similar cases;
* Prosecutors might not have asked for the death penalty in cases before May 2001, when they first got discretion to ask for a life sentence instead; and
* The inmate might not have gotten the death penalty if a life sentence had been available at the time.

Supporters of the study continue to point to recent exonerations and exposed problems with our state's judicial system and the need for a closer examination to ensure absolute fairness and accuracy. Alan Gell of Bertie County spent six years on death row before getting a new trial, where he was acquitted. Darryl Hunt of Winston-Salem served 18 years of a life sentence before being exonerated. And, last week DNA evidence at the least put into question the conviction of Rex Penland, who has been on death row for 11 years.

Budget Update 07-15-05

2005-07-15T09:28:00.000-07:00

House members have been hopeful that they could reach an agreement with members of the Senate on the budget prior to next week's deadline; however, a few details remain unresolved and negotiations are continuing. The House and Senate must reach an agreement on a revenue package and a roughly $17 billion spending bill. Legislators will have to pass another continuing resolution (CR) to keep government running beyond next week's deadline while they finalize the budget. It is thought that the next CR will run through August 5, 2005, and will include money for public schools, community colleges, and universities, so that those budgets can be set and hiring decisions made. The continuing resolution under which state government continues to operate at current levels expires Wednesday, July 20, 2005.

Negotiators have reached a tentative agreement that would maintain the current sales tax and personal income tax on individuals making an average of $800,000 annually, but they will continue to discuss the state's cigarette tax. The Governor recommended an increase in the cigarette tax earlier this year of 45 cents, the Senate recommended 35 cents, and the House budget included a 25-cent increase. The House had difficulty pulling together enough votes to pass a 25-cent increase, and it is unlikely it will be much higher. The state's current 5-cent cigarette tax is the lowest in the nation and is well below the national average of 89 cents.

A majority of House members are committed to passing a budget that ensures adequate funding for our priorities such as education at our K-12 schools, universities and community college, health care and human services for our state's neediest citizens, public safety programs for our neighborhoods, and pay raises for teachers and state employees. I am hopeful that a budget agreement can be reached soon so lawmakers will be able to finalize or vote on other non-budget bills such as the lottery, a study on the death penalty, lobbying reform, and clean cars legislation.

Greetings From Raleigh 7-15-05

2005-07-15T09:26:00.000-07:00

House and Senate members continued their work this week on the budget and other legislation that must pass before the end of the session. No budget compromise has been reached and negotiations are continuing. The legislators are expected to pass another continuing resolution early next week in order to finalize the budget and keep government running.

Several other important topics were discussed in committee or on the House floor this week, including a study of the state's death penalty, lobbying reform, the contested Superintendent of Public Schools race, and same day voter registration.

I hope you will continue to let me know how you feel about the issues being debated by the North Carolina General Assembly and the challenges you and your family are facing each day. It is an honor and a privilege to represent you in the legislature.

Cheers,

Pricey

Law Takes Effect To Protect Credit Card Numbers

2005-07-08T10:54:00.000-07:00

A new law took effect on July 1, 2005, which prohibits North Carolina businesses that use electronic credit-card machines from printing a customer's entire credit card number on a receipt. The law, approved by the General Assembly in 2003, requires that any new credit card machines installed after February 2004 print only the last five digits of the credit card number. All businesses had to be in compliance with the stricter standards last week or face fines of $500 per violation up to $2,000 per year. The measure applies to the receipts given to customers. Merchants are still allowed to keep receipts with complete card numbers and expiration date for their records. The bill is aimed at reducing credit card fraud, which costs companies about $2 billion a year, according to Bankrate.com, an online personal finance and research service.

"Aedins Law" Passes, Making Petting Zoos Safer

2005-07-08T10:52:00.000-07:00

A bill to set stricter sanitation requirements for petting zoos received final passage by the Legislature on Wednesday and now awaits Gov. Mike Easley's signature. The measure was prompted by an outbreak of bacterial infection that struck 108 visitors - more than half of them children - to petting zoos at the North Carolina State Fair last fall. The bill is called "Aedin's Law" in honor of 2-year-old Aeden Gray of Orlando, Fla., one of 15 children whose exposure led to a life-threatening kidney ailment. The law will require petting zoo operators to be inspected and obtain a permit from the state Agriculture Department. It also allows the department to set rules regarding animal care, hand-washing facilities, signs warning the public of health and safety issues, and any other requirements to protect visitors from potential harm. In April, the department announced stricter rules for animal exhibits that will apply to the upcoming state fair.

Lateral Entry Teachers

2005-07-08T10:49:00.000-07:00

The Legislature has approved legislation that would allow community colleges to offer certain courses for lateral-entry teachers - those who already have bachelor's degrees in other subjects but want to enter education. The bill is aimed at addressing the teacher shortage problem we have in the state. Under the plan, community college campus would be allowed to hold certain classes these applicants need to get a teaching certificate. Leaders of community colleges and the State Board of Education would select the classes. The House approved the bill last month, the Senate approved a slightly different version last week, and the House gave final approval on Thursday. The Senate altered the original bill to cut the length of a provisional teaching certificate issued to a lateral entry teacher from five years to three. House bill 563 now goes to the Governor for his signature into law.

Learn and Earn Program

2005-07-08T10:47:00.000-07:00

On Wednesday, the House overwhelmingly passed Senate Bill 566, which would give high school students the opportunity to graduate with a high school diploma and a college degree after just five years of study. Under this initiative, high school students can take community colleges courses at their high school. The bill now heads to the Governor, who has strongly promoted this program.

Protecting Children on ATV's

2005-07-08T10:45:00.000-07:00

A proposal to prohibit children less than 8 years old from operating all-terrain vehicles easily cleared a House committee on Wednesday. North Carolina is one of five states with essentially no operating restrictions for the machines. The number of children less than 16 who died in ATV-related accidents in North Carolina jumped from 5 in 1999 to 11 last year. Children from ages 8 to 15 would only be allowed to operate child-sized ATVs under an adult's close supervision. All ATV drivers starting in October 2006 would have to complete a safety course and follow equipment and driving standards. The initial version of the bill would have prohibited children under 12 from operating an ATV. Some senators argued that age was too restrictive. The ATV industry had recommended barring children under 6. Senators approved the bill after adjusting the minimum age to 8 and setting exemptions for farmers and hunters.

Move-Over Law Approved 07-08-05

2005-07-08T10:43:00.000-07:00

The Legislature has adopted tougher penalties for motorists who fail to slow down or move over for police or emergency vehicles. Motorists who don't move to another lane when approaching a standing emergency vehicle on a multilane road or slow down while on a two-lane road would face a traffic infraction and a $250 fine. House Bill 288, which is sponsored by Reps. Ray Rapp (D-Haywood) and Bill McGee (R-Forsyth), updates an original law approved in 2002, which made the violation a $25 fine, with $100 in court costs. A motorist now also could face a low-grade felony charge and a six-month driver's license revocation if a first responder at the scene is injured or dies. If the accident leads to property damage of at least $500, the driver would be guilty of a misdemeanor. The House gave final approval to the law, which now goes to Gov. Mike Easley for his signature.

Clean Lakes Bill

2005-07-08T10:39:00.000-07:00

Another important piece of environmental legislation, Senate Bill 981, Drinking Water Reservoir Protection Act, Janet Cowell (Wake-D), was approved by the House, 113-2, and is on its way to the Governor for signature. It requires the State to assess the current status of all drinking water lakes, requires more instant monitoring when a lake shows water quality problems, provides a timetable for cleaning up Falls Lake, and caps nutrient load levels in Jordan and Falls lakes until clean up rules are issued for each water body. The Jordan Lake provisions affect Guilford County, since we are in the Cape Fear Watershed, which feeds into Jordan Lake.

Saltwater Fishing License

2005-07-08T10:37:00.000-07:00

The House gave the initial OK to a massive rewrite of a flawed fishing license law passed last year that would require coastal saltwater anglers to get permits for the first time. Senate Bill 1126 would still require coastal recreational fishermen to get a license to fish, but it also would create a unified permit to fish in all public waters. Freshwater and commercial fishermen are already required to get a license. Proceeds from the new coastal recreational licenses would go to grants to improve marine resources. This is an important step in our state's 8-year effort to overhaul fishery management. North Carolina has been the only state on the Southeast coast without a recreational license. Bill opponents focused on a provision that would allow state fisheries inspectors the power to enforce federal marine fisheries law on out-of-state fishing vessels (which would draw down more than $1million in federal money). They also did not like the idea of requiring coastal residents to get a permit to fish off an inlet that may be in their backyard. The bill was tentatively approved 74-43 on Wednesday and received final approval by a vote of 73-34 on Thursday.

Global Warming Commission

2005-07-08T10:34:00.000-07:00

The House gave final approval on Thursday to a bill that would create a commission to study global warming's impact on North Carolina. The measure passed its initial reading on Wednesday 78-37 - with all the "no" votes cast by Republicans. The House gave final approval to Senate bill 1134 on Thursday by a vote of 78-29. Robert Jackson, an environmental sciences and biology professor at Duke University's Nicholas School of the Environment and Earth Sciences, said research over the past 30 years has increasingly shown that modern climate changes are primarily due to the use of fossil fuels by humans. The 32-member commission would make recommendations for pollution reduction and develop a climate action plan, with a report due in November, 2006. This comes on the heels of progress on climate change at the G8 Summit, where our president has admitted for the first time that global warming problems are "largely" man made.

Giving 16 and 17 Year Olds A Second Chance

2005-07-08T10:31:00.000-07:00

Adults convicted of nonviolent felonies while they were 16 and 17 years old could seek to have their records cleared so that they could more easily get into college, get a job, or enlist in the military. The legislation would allow people who committed crimes at 16 or 17 to apply to have the convictions expunged. North Carolina is the only state in the nation that treats 16 and 17 year olds as adults for purposes of criminal convictions and is one of handful that does not currently allow such expunctions. Most offenses committed by children under 16 are handled in juvenile court, and those records are sealed. The bill would create a method in which the first-time offenders could ask a judge to have their convictions removed so that it would no longer show up in criminal background checks. The process would require a hearing at which the district attorney could respond to the petition. The judge would be authorized to call law enforcement officers to testify. The law would expire after seven years, giving lawmakers an opportunity to look back and see whether the legislation has had the intended effect. Juvenile court records already are sealed from the public, and certain offenders convicted of misdemeanor alcohol and drug charges below the age of 21 are currently allowed to seek an expunction.

Rep. Alice Bordsen, the primary sponsor of the legislation, said there are numerous safeguards in the bill that would prevent anyone who is truly dangerous from getting through the system. House bill 1084 was given final approval on Thursday by a vote of 60-51, largely on a party line vote, despite a great deal of opposition from several groups arguing the change would eliminate information in employment background checks. Those supporting the bill felt it would to give young people who have made a mistake a chance to atone and become productive citizens.

Budget Update 07-08-05

2005-07-08T10:28:00.000-07:00

Legislators in both the House and Senate continued their efforts to try to reach a compromise on the budget following last week's action to extend budget negotiations and keep our state government running through July 20,2005.

Gov. Mike Easley also met with House and Senate Democratic leaders and budget chairs on Wednesday to discuss tax and budget issues as the Legislature tries to work out an agreement on both. House Speaker Jim Black expressed his opposition to any tax cuts - especially those that would go to individuals making an average of $800,000 per year - if that meant education would face spending cuts in the budget. Senate Democrats have pushed to lower the marginal tax rate for the highest wage earners from 8.25 percent to 7.75 percent. Some House members said at the end of last week that they would accept that tax cut only if it could be coupled with tax reductions for low- and middle-income people. However, these tax cuts would take more than $120 million out of the state budget, which we currently can't afford.

A number of House Democrats still would prefer no tax cuts at all in order to ensure adequate funding in the budget for priorities such as education at our K-12 schools, universities, and community colleges, health care and human services for our state's neediest citizens, and public safety programs for our neighborhoods. House Democrats will continue discussions with members of the Senate regarding the upper income tax and a possible reduction in the sales tax, but remain committed to passing a budget as soon as possible that adequately funds these priority programs as well as efforts to further strengthen our economy and create jobs. Other major points of negotiation include whether the tobacco tax will be increased by 25 cents or 35 cents and whether lottery provisions will be included in the budget.

Also on Wednesday, Senate leader Marc Basnight, D-Dare, cancelled all committee meetings unrelated to tax and budget issues while Senators work out an agreement with the House, which means that many House bills will not be considered by the Senate. House committees are continuing their work as budget talks continue in an effort to wrap up non-budget bills before the end of session.

Greetings From Raleigh 7-08-05

2005-07-08T10:24:00.000-07:00

Budget negotiations dominate the news from the Legislature this week. House members are hopeful that the budget can be finalized in the next several weeks prior to the end of the continuing resolution on July 20,2005.

Several important environmental bills were approved by the House this week including efforts to better protect drinking water, establish a global warming study commission, and establish a salt water fishing license.

As I've said many times, I hope you will continue to let me know how you feel about the issues that are being debated by the North Carolina General Assembly and the challenges you and your family are facing each day. It is an honor and a privilege to represent you in Raleigh.

Cheers,
Pricey

Potential Assistance For North Carolina Military Bases

2005-07-01T11:54:00.000-07:00

North Carolina communities that suffer job losses or other economic problems because of military cutbacks will share in a $1 million federal grant announced Wednesday, which comes months before the Pentagon's realignment plans are finalized. The grant from the Labor Department is intended to help workers, businesses and communities that take a hit under plans to close or realign military facilities. If the money is not needed because of the military reorganization, the state Commerce Department can spend it to help workers who lose their jobs for other reasons.

A commission that heard public comment Tuesday in Charlotte is considering the Defense Department's realignment proposals, which were announced May 13. The panel will make recommendations in September to President Bush, who will decide with Congress whether to accept the plans or demand a new report. Even though the final decision isn't due until autumn, states had a June 10 deadline to apply for the grants, Commerce Department spokeswoman Alice Garland said.

The money must be used by the end of the year. In all, the state would lose 568 military positions and gain 307 civilian jobs if the initial Defense Department proposals were implemented as written. But some individual communities could see significant job losses. Changes proposed for the Marine Corps Air Station at Cherry Point would add 48 military positions but cut 656 civilian jobs. One civilian job and 182 military positions would disappear due to changes proposed for Camp Lejeune and the Marine Corps Air Station at New River. The loss of the Army Research Office in Durham would cost 113 civilian jobs. In all, 35 states, the District of Columbia and Guam shared in more than $28 million in grants, the Labor Department said Wednesday. The largest amounts, $1.5 million each, went to Illinois and Indiana. North Carolina was one of 15 states to win a $1 million grant.

Drinking Water Supply Reservoir Protection

2005-07-01T11:51:00.000-07:00

Senate Bill 981, "Drinking Water Reservoir Protection", was approved unanimously by the House Environment Committee this week. I sponsored the House companion to this bill. The bill, a major clean water priority of the environmental community, would take a proactive approach to protecting our water supplies. The need for the bill was highlighted by a proposal last summer that would have significantly increased the discharge of wastewater and nutrients into Falls Lake, a vital source of drinking water for the triangle region. Current law addresses cleaning up water after it has become impaired. The bill would affect the Falls Lake and Jordan Lake watersheds, the latter of which includes Greensboro.

Global Warming Study

2005-07-01T11:50:00.000-07:00

A House committee approved Senate Bill 1134, which would establish a commission to study issues related to global warming and possibly set pollution reduction goals for the state. I cosponsored the House companion to this bill. The Legislative Commission on Global Climate Change would recommend whether the state should reduce pollution that researchers argue contributes to a warmer overall climate. The panel would be composed of legislators, scientists, environmentalists, and members of utility companies and other industries. Robert Jackson, an environmental sciences and biology professor at Duke University's Nicholas School of the Environment and Earth Sciences, said research over the past 30 years has increasingly shown that modern climate changes are primarily due to the use of fossil fuels by humans. Of major concern to North Carolina is the dramatic impact sea level rise will have on our 320 miles of ocean front and 4000+ miles of estuarine shoreline. In the absence of leadership at the federal level on this issue, many states have taken on issues of climate change. I have introduced several bills related to climate change, and I am hopeful that some will get a hearing before we adjourn.

Cracking Down On Meth Labs In North Carolina

2005-07-01T11:37:00.000-07:00

Tennessee Bureau of Investigation Director Mark Gwyn warned a House judiciary panel that methamphetamine manufacturers may be headed to North Carolina unless members approve a bill similar to a new Tennessee law. Tennessee experienced a 39 percent decline in meth lab busts in May, and Gwyn attributes the drop to a law restricting cold tablet sales to pharmacy counters. Attorney General Roy Cooper wants a similar law in North Carolina. The Senate already has approved the measure, but House committee members wanted more information about an alternative proposal that would keep the medicines in a locked cabinet behind a store counter, but not under a pharmacist's control. The Target and Wal-Mart retail chains, as well as the CVS and Rite Aid drugstores, announced this year they would put the cold tablets behind the pharmacy counter. A subcommittee will look at both bills, Senate bill 686 (Meth Lab Prevention Act) and House bill 1345 (Limit Certain Self-Service Drug Purchases) and make recommendations.

Bill Approved To Protect Children From Internet Predators

2005-07-01T11:32:00.000-07:00

North Carolina will be able to stop Internet predators from going after children under a new law that was given final approval by the General Assembly last week and signed into law by Governor Mike Easley on Wednesday. The new law will go into effect on December 1, 2005.

Senate Bill 472, "The Child Exploitation Prevention Act," will allow law enforcement officers to go online undercover to catch child sexual predators who use the Internet and will authorize the State Bureau of Investigation (SBI) to use additional technology to investigate certain crimes committed with the use of a computer. Under current law, a predator who solicits an officer posing as a minor could only be charged with a misdemeanor. The measure will also require convicted online predators to be added to the state's Sex Offender Registry and to provide DNA samples for the state's convicted offender database.

A national survey conducted by the Crime Against Children Research Center at the University of New Hampshire found that almost one in five young Internet users have received an unwanted sexual solicitation. Incidents of child sexual exploitation reported in North Carolina continue to rise. In 2001, there were only 11 incidents reported, however, 533 such incidents were reported in 2004 according to the National Center for Missing and Exploited Children.

All parents are encouraged to talk to their children about the potential dangers on the Internet and ways to protect themselves better from potentially dangerous individuals. The Attorney General's website at www.ncdoj.com (select "Internet Safety" from the Jump To menu at the top of the page) has helpful information on this topic including a video and resource guide for parents and children. Attorney General Cooper partnered with law enforcement and child safety experts including the National Center for Missing and Exploited Children to develop the information.

Protecting Children On School Buses

2005-07-01T11:27:00.000-07:00

Any motorist who passes a stopped school bus that's receiving or removing passengers would be convicted of a felony if a person is seriously injured in a bill unanimously approved by the Senate. House bill 1400 is sponsored by Rep. Dale Folwell (R-Forsyth), whose 7-year-old son was killed boarding a bus in 1999. Folwell introduced the bill at the request of the Winston-Salem/Forsyth County school board. The bill sent to the Senate also would make it a higher grade of misdemeanor if the motorist passes the bus while its red lights are flashing or its mechanical stop signal is in use. The bill now returns to the House, which approved a similar version of the bill in May, for concurrence.

Move Over Law Approved

2005-07-01T11:24:00.000-07:00

The Senate has unanimously agreed to a bill that would toughen penalties for motorists who fail to slow down or move over for police or emergency vehicles. House Bill 288, which is sponsored by Reps. Ray Rapp (D-Haywood) and Bill McGee (R-Forsyth), updates the 2002 "move-over" law. Motorists who fail to move to another lane when approaching a standing emergency vehicle on a multilane road or slow down while on a two-lane road would be guilty of a traffic infraction, punishable by a $250 fine. The current punishment is up to a $25 fine, with $100 in court costs. The proposed punishments would be greater - reaching a low-grade felony and a six-month driver's license revocation - if a first responder at the scene is injured or dies. The bill now returns to the House, which approved a somewhat similar version of the bill earlier this month, for concurrence.

State's Hit-and-Run Loophole To Be Fixed Soon

2005-07-01T11:21:00.000-07:00

The House and Senate will work out differences over a proposal to clarify the hit-and-run law (HB 217, which I introduced) to make it a crime for a motorist to change places with a passenger to avoid a conviction. The bill states that a driver would be convicted of a crime if, after an accident, the motorist allows or agrees to let the car be moved from the scene without an officer's permission.

The Senate amended the measure last week which attempted to clarify the responsibility of passengers in the vehicle. But some House members found the new language was too vague, and the Senate version was rejected on Wednesday. A conference committee of House and Senate members will now be formed to reach a compromise. The legislation was inspired by the death of Tar Heel Sports Network commentator Stephen Gates, who was struck by a car and killed in October 2003 while he examined a flat tire on an interstate ramp.

Budget Update 07-01-05

2005-07-01T11:18:00.000-07:00

The General Assembly reached a deal Thursday that would keep state government running through July 20,2005, while legislators work an a final budget agreement. The "continuing resolution" agreed to by the House and Senate will keep a half-cent sales tax until the two-year budget is finally approved. The bill also allows North Carolina to continue collecting its share of the estate tax until the federal version expires in 2010. The Senate approved the compromise by a party-line vote of 29-19 and the House soon followed its OK by a vote of 65-51. Governor Easley signed the measure into law just before 3 pm.

The House passed a continuing resolution several weeks ago and the Senate passed a different version on Monday night. Members of the House and Senate were appointed to a conference committee on Tuesday morning and got right to work on reaching a compromise, which had to be passed and signed into law by the Governor before midnight on Thursday.

Both plans sought to extend the temporary half-cent sales tax increase first adopted in 2001 at the height of the recession and job losses. If it had not been extended by the General Assembly, it would have expired Friday, and lawmakers would have lost more than $400 million in potential revenue. The major sticking point was that the Senate proposal sought to make the sales tax increase permanent, while the House extended it two years. The House plan also extended a half-percentage-point increase in the income tax for individuals making an average of $800,000 per year and the Senate wanted the tax to expire at the end of the year. The House felt it was fundamentally unfair to extend the sales tax, which disproportionately affects the poorest, while giving a tax break to North Carolina's wealthiest citizens.

House Democrats will continue discussions with members of the Senate regarding the upper income tax and a possible reduction in the sales tax, but remain committed to passing a budget as soon as possible.

One item of note to those of you who are interested in farmland preservation. I had amended the budget bill last week to add funding for the farmland preservation trust fund, which leverages millions in federal matching money to help farmers stay on their land. The conference committee eliminated that funding. If this is important to you, you might want to let your senators and house members know.

Greetings From Raleigh 7-01-05

2005-07-01T11:16:00.000-07:00

With the start of the new fiscal year, which begins today, House members continued their work this week on the budget while also passing a continuing resolution to keep the government running while the budget is finalized. House members are hopeful that the budget can be finalized in the next several weeks.

Several other important bills were taken up in committee or on the House floor this week including efforts to better protect drinking water supplies and to study global warming.

I appreciate your having comments and questions about issues on my blog or elsewhere, so please stay in touch.

Cheers,

Pricey