The Raleigh Report
from the office of Representative Marian McLawhorn
October 8, 2009

Throughout the most recent legislative session, I worked with my colleagues in the House of Representatives on initiatives that we believe will improve life in North Carolina. Some of these new laws went into place at the beginning of this month and I wanted to share some information about them with you. These laws cover everything from identity theft to fisheries. You can access the full list by visiting the General Assembly’s website at www.ncleg.net and opening the document 2009 Legislation Effective Dates.

In the meantime, if you have questions or concerns that I can help you resolve, I hope that you will contact me. I’m pleased to do what I can to help any of my constituents. Thank you as always for your interest in the work of the General Assembly and state government and thank you for your support.

Consumer Protection

_A new state law has modernized “Do Not Call” notice procedures. Telephone companies can now use email or direct mail to notify subscribers who want to stop unwanted solicitations by using the “Do Not Call” registry. The new law (H.B. 686 – S.L. 2009-122) allows the Attorney General, in consultation with the Public Staff of the Public Utilities Commission, to create a message that local companies would send to consumers.

_North Carolina’s Anti-Identity Theft Protection Laws were expanded to allow victims of identity theft easier ability to initiate a credit report freeze under a new state law that went into effect October 1, 2009 (S.B. 1017 – S.L. 2009-355). Consumers in North Carolina can now be issued a security freeze on their credit at no cost. The law does a number of other things as well, including authorizing certain court officials to remove Social Security numbers from documents on their Web sites and compelling businesses and government agencies to report all security breaches to the Attorney General’s office, instead of just those that affect more than 1,000 people.

_The Truth in Music Advertising Act has gone into effect in North Carolina (S.B. 634 – S.L. 2009-284). The act prohibits a music group to falsely advertise or perform under the name of another group, and provides that a violation of the act shall constitute as unfair and deceptive trade practice under state law. The act also provides for the enforcement of violations and imposes a civil penalty of not less than $5,000 nor more than $15,000 per violation.

Wildlife and Animals

_A new state law has gone into effect to clarify that violations of marine fisheries laws would be reported to officials in other states through an interstate compact (H.B. 105 – S.L. 2009-15).

_The Wildlife Resources Commission is now authorized to provide exemptions from hunting licenses for special events when the events are deemed to be consistent with the conservation objectives of the commission (S.B. 1009 – S.L. 2009-248).

_Amendments to the State’s Rabies Laws have gone into effect (S.B. 674 – S.L. 2009-327). The laws were amended to conform to recommendations from the Centers for Disease Control and the National Association of State Public Health Veterinarians, and to allow stray or feral animals to be euthanized and tested for rabies after biting a human. State law now allows a registered veterinary technician and a certified rabies vaccinator to provide rabies vaccinations, along with veterinarians.

Local Government

_Municipalities are now allowed to object to the site of an Alcoholic Beverage Control store if the local government has held a public hearing, taken evidence, and passed a Resolution objecting to the location of the store (H.B. 186 – S.L 2009-36).

_Local governments are now allowed to regulate golf carts on their streets and roads under a new state law (H.B. 121 – S.L. 2009-459). Previously, local governments had to get permission from the General Assembly for such regulation.

_A new state law expands the ability of counties and municipalities to form joint emergency management agencies (H.B. 380 - S.L. 2009-196). Previously, a county could only form joint agencies with municipalities within its borders. The new law allows counties to also work with other counties, as well as municipalities within the partnering county.

_Under a new state law, all municipalities and counties are authorized to give a single annual notice to chronic violators of their public nuisance ordinances before the local government can act (S.B. 564 - S.L. 2009-287). A chronic violator is a person cited at least three times in the previous year for public nuisance violations on the same property.

Miscellaneous

_The sale of novelty lighters in North Carolina is now prohibited under a new state law (S.B. 652 – S.L. 2009-230). Novelty lighters are mechanical or electrical devices that are typically used to light cigarettes, cigars and pipes. They are designed to resemble a cartoon character, toy, gun, watch, musical instrument, vehicle, animal, food or beverage or play musical notes. The law was passed based on the recommendations of the NC Child Fatality Task Force.

_A new state law clarifies that actions after a couple separates can’t be cause for alienation of affection lawsuits. (H.B. 1110 – S.L. 2009-400). Under the law, a defendant would no longer be liable in an alienation of affection or criminal conversation suit if the action were to occur after the plaintiff and the plaintiff's spouse had physically separated with the intent of either the plaintiff or plaintiff's spouse that the physical separation remain permanent.  The law also clarifies that an action for alienation of affection or criminal conversation shall not be commenced more than three years from the last act of the defendant giving rise to the cause of action.

Updates

_ For the past two sessions, I have updated you on several initiatives we have taken in the General Assembly to reduce foreclosures and help people protect their homes. State banking officials announced the results yesterday of a 10-month old initiative that requires banks to give more notice of foreclosure and allows banking officials to postpone foreclosure by up to 30 days while a sale or resolution is negotiated. So far, the program has kept 2,040 homes from falling into foreclosure and resulted in a cumulative savings to banks and property values of $175 million. The State Home Foreclosure Prevention Project has provided counseling to about 6,000 people.

_ The economic climate forced us to make hard choices in the General Assembly this year, but thus far it appears that those choices were the right things for the state’s economic health. State Treasurer Janet Cowell announced this week that North Carolina has retained the highest bond ratings from all three rating agencies. The rating reflects the strength of a state’s finances and means it can get the lowest interest rates possible for its borrowing. North Carolina is one of seven states with the top rating from all three agencies. The ratings have already helped the state save nearly $27 million by refinancing some old debt, Cowell said. “We believe the state has reacted prudently in resolving the fiscal 2009 revenue shortfall,” credit analysts for rating agency Standard & Poor’s wrote in a report reaffirming its rating.