Pricey Harrison's legislative Newsletter July 29, 2008

Greetings,

Governor Mike Easley signed the state budget bill into law on July 16th, clearing the way for the General Assembly's adjournment on July 18th. We completed the session by approving important legislation on a number of matters, including drought management, mortgage foreclosures, drivers licenses, ethics, election reform, and anti-gang legislation. This newsletter includes a description of some of these major items we addressed. I will be sharing more information with you in the weeks to come.

Transportation

The General Assembly approved changes to how drivers licenses are configured and distributed. The bill would allow the state Division of Motor Vehicles to use new laser-engraving technology that would embed photos into the licenses and help reduce fraud. Senate Bill 1799 also allows drivers licenses to be mailed to people's homes or a post office box. The revised procedure is designed to make it more difficult to fraudulently obtain licenses. Licenses will now be centrally distributed out of Raleigh and there will be a 20-day waiting period. During this time, drivers will be issued a temporary permit and can use their existing license for identification. The mailing provision is expected to make the waiting period more convenient by eliminating the need for applicants to return to their DMV offices to pick up their licenses. Readers may remember that earlier this session we approved changes to drivers licenses to make them vertical for drivers under the age of 21.

Mortgages

The General Assembly has approved a bill that will give mortgage holders more time to work out a plan with their banks before losing their homes. The bill, House Bill 2623*, requires lenders to give homeowners a 45 day notice before starting foreclosure proceedings and gives the state bank commissioner authority to delay foreclosures for 30 days in hopes of coming up with a new payment plan. The bill is one of several we have approved recently to help cope with the ongoing mortgage crisis.

Drought

We approved a bill to improve the state's response to droughts. The bill, House Bill 2499*, would give the governor more authority during a drought to work with local governments to help them address water shortages. The bill also would require public water providers to develop drought and water shortage plans while heavy water users would be subject to stricter reporting requirements. The bill was the result of collaboration between many different interests, including municipalities, business, farmers, and private residents. The bill must now be signed by the governor.

Public Health

The General Assembly passed Senate Bill 845, which contained a provision which I worked on that would require testing for commonly found known and probable human carcinogens in new wells. Unfortunately, the bill also contained a troubling provision which would handcuff the EMC in stormwater rule making authority.

Conservation

The Legislature approved House Bill 1889*, sponsored by Representatives Brubaker, Hill, Gibson, and me, which would provide a lower present-use value tax rate for land set aside for wildlife management. Conservation advocates and I have been working on this issue for a number of years and this is a significant step in removing some of the disincentives to land conservation.

Coastal Stormwater

The General Assembly passed Senate Bill 1967, which makes significant improvements to the coastal stormwater management program. We lose thousands of shellfishing acres on our coast annually due to the number one water quality problem: run off.

Justice

The General Assembly has approved House Bill 2105*, sponsored by Representatives Glazier, Blue Ross, and me, that will give people who are wrongfully convicted (who have received pardons of innocence) $50,000 for every year they spent in jail if they were exonerated. Existing law allows only $20,000 a year and caps the total award at $500,000. The bill would increase the cap to $750,000 and allow free job training and tuition for community colleges and public universities.

Crime

The General Assembly has given approval to anti-gang legislation that would create several felonies for those who take part in gang activity. Those who commit drive-by shootings, solicit people to join gangs, or threaten those who try to leave a gang would be subject to felonies under House Bill 274. Property acquired for gangs or resulting from gang activity could be taken. The bill provides the state's first legal definitions of gang activity. Governor Mike Easley has already signed a separate bill, Senate Bill 1358, that addresses gang intervention and prevention programs. The state budget includes $10 million for gang prevention grants.

The General Assembly gave final approval to a bill titled "Jessica's Law." The bill is named for Jessica Lunsford, a former North Carolina resident who was raped and murdered in Florida at the age of 9 by a convicted sex offender. House Bill 933 would make the rape or a sexual offense committed on a child punishable by life in prison without parole or a mandatory 25-year sentence with lifetime GPS monitoring. This bill also increases penalties associated with the exploitation/prostitution of a minor, strengthens sex offender registry requirements and limits contact offenders have with victims and on what premises. This bill requires sex offenders to be 300 feet or more away from places where minors are prevalent. Any sex offender not on the registry for a life term will be on the list for 30 years. Governor Easley signed the bill into law on Monday, July 28th.

Stymied Legislation

Fuel Efficient Vehicles

House Bill 2720* sponsored by Representatives Thomas, Martin and me, which would have required that state passenger vehicles be in the top 15% of fuel efficiency, died in the Senate. It appears most members of the Senate Commerce and Finance Committee were more interested in what the car dealers (who were opposed) thought than how their constituents viewed the issue. We know that high gas prices are hurting our constituents and this was one of the few measures we could have taken to reduce demand. Unfortunately, the Senate did not feel similarly and this bill is now in a study committee.

Repeal of Taxpayer Subsidy to UNC System Booster Clubs

House Bill 205*, sponsored by Representative Cleveland and me, which would have repealed a 2005 budget provision that gives out of state athletes attending the UNC System campuses in-state tuition, passed the House overwhelmingly in 2007 but was never heard in the Senate. This subsidy to the UNC System booster clubs currently costs taxpayers $8 million annually and will continue to increase.

Racial Justice and Bullying

Two important bills, House Bill 1291*, Racial Justice Act, and House Bill 1366*, The School Violence Prevention Act, also failed to get a hearing in the Senate. House Bill 1291 would have made important improvements in the administration of capital punishment, especially regarding racial bias. House Bill 1366 would have protected all children from bullying and harassment on school grounds.

Troubling Bills That Did Not Pass

House Bill 822, was gutted in the Senate and turned into a bill to allow hog houses to evade setbacks from churches, schools, homes, and hospitals, and would have taken away neighboring property owners' right to comment on proposed setbacks. The controversial bill was referred to the House Rules Committee, where it did not receive a committee hearing.

Senate Bill 599, which would have allowed Figure 8 Island to build a jetty at its northern end, did not get a hearing in the House. North Carolina has one of the most exemplary coastal management programs in the country and has a wise prohibition against hardened structures on our beaches, which belong to all of us. Homeowners pressed hard for an exemption which would have opened it up to all coastal communities, which would be bad public policy in this era of sea level rise.

Senate Bill 150, which would have doubled the amount of vegetation (trees) that could be removed from the right of way at the request of billboard operators, also did not get a hearing in the House. The DOT had deliberated this request at length and determined it would not be good public policy, and the House leadership concurred.

Please continue - even during the interim - to keep in touch regarding your concerns so that we may work together to improve the quality of life for all of our citizens.

* Denotes bills for which I am either a sponsor or co-sponsor.

Cheers,

Pricey