The Raleigh Report
from the office of Representative Marian McLawhorn
December 11, 2008

Last week, I shared some information with you about some of the new criminal laws that go into place this month. This week, I wanted to update you about some of the other new laws that are going into place this month. The laws touch on the environment, transportation, education and other critical areas.

As always, please contact me if you have any questions and thank you for your interest in state government.

Environment

The Solid Waste Management Act (SB 1492) addresses several environmental and public health issues related to the disposal and management of solid waste. The act includes increased penalties for solid waste violations, more stringent requirements for the acquisition of solid waste management permits, and more stringent financial requirements to ensure the proper design, construction, operation and maintenance of solid waste management facilities. The act also establishes a solid waste disposal tax to provide money in part for work on older landfills.

Under a new drought preparedness law (HB 2499), the governor has more authority during a drought to address water shortages. The law also requires public water providers to develop drought and water shortage plans at least once every five years. Heavy water users will be subject to stricter reporting requirements. During the worst droughts, the state could require weekly reports from public water systems.

Confidence in Government

The law establishing the Joint Legislative Elections Oversight Committee (SB 1263) also included several other provisions to improve elections in North Carolina. Among the new provisions are:

Reauthorization of the instant runoff voting pilot. This provision allows the State Board of Elections to use instant runoff voting in up to 10 jurisdictions during the 2009, 2010 and 2011 elections. Instant runoffs allow voters to pick winners without having to hold costly separate runoff elections. The communities selected will be required to develop and participate in a plan to educate voters and candidates about instant runoff voting.

A prohibition on commingling campaign funds with other accounts. The treasurer of a candidate or political committee must now keep all campaign money in accounts separate from private accounts or accounts into which other money is deposited.

The law also includes other minor and technical changes.

The General Assembly has enacted a new law (HB 2542) to clarify existing ethics and lobbying laws. The law is meant to strengthen confidence in government by enhancing the enforcement capacity of the Ethics Commission and the State Board of Elections.

Transportation

Lawmakers passed a bill (HB 2308) to amend the laws governing commercial driver’s licenses in order to comply with federal law.

Toll enforcement authority has been changed under a new law (SB 1697) that provides for the enforcement of tolls on turnpike projects of the North Carolina Turnpike Authority. The act modifies laws applicable to the North Carolina Turnpike Authority, and clarifies the authorization made in a prior law to toll an existing segment of NC-540.

Miscellaneous

My colleagues and I have improved the law for students with disabilities. The law (HB 12) now: (1) allows the continued appropriateness of the homebound instruction for discipline purposes of a student with disabilities to be evaluated monthly by a designee of the student's IEP (Individualized Education Program) team, rather than by the head of the IEP team; and (2) adds a protection for children not yet determined eligible for special education. The law also requires that the Department of Public Instruction and the State Board of Education report to the Joint Legislative Education Oversight Committee on the number of contested cases that are filed as a result of the legislation and the disposition of those cases.

The state has strengthened the ban on video poker and electronic gaming with a new law (SB 180) that prohibits the use of certain electronic game promotion. 

The new Massage & Bodywork Therapy Act (SB 1314) expands existing laws regulating massage and bodywork therapy schools. The act authorizes fees for licensing massage and bodywork therapy schools, and allows for criminal history record checks of applicants for licensure to practice massage and bodywork therapy.

Digital conversion

In about two months, full-power broadcast television stations in the United States will begin broadcasting in all-digital formats. While the conversion is expected to offer improved quality and additional channels, it will require some consumers to obtain converters for their television sets. The Federal Communications Commission has educational materials and other information at its Web site http://www.dtv.gov. This is a change at the federal level, but I will be happy to assist if you have questions.

Please remember that you can listen to each day’s committee meetings and press conferences on the General Assembly’s website at www.ncleg.net. Once on the site, select “audio,” and then make your selection – Appropriations Committee Room or Press Conference Room. You can also use the website to look up bills, view lawmaker biographies and access other information.