The Raleigh Report
From the Office of Cullie Tarleton
October 20, 2008
Several new laws go into place this month, laws that are intended to help you protect your homes, protect our environment and improve how our Division of Motor Vehicles operates, among many others.
I have shared information about many of our new laws with you previously. If you would like a full list of these laws and when they go into place, visit www.ncleg.net and click on 2007-08 Legislative Effective Dates in the News and Information section at the top of the page.
Please let me know if you have questions about any of the laws listed or if I can be of any help. As always, thank you for this opportunity to communicate with you.
Protecting Homeowners
Mortgage holders now have more time to work with their banks before losing their homes. The bill (H2623) requires lenders to give homeowners 45 days notice before starting foreclosure proceedings and gives the state bank commissioner authority to delay foreclosures for up to 30 days.
Another new law (H2188) requires home loan servicers to provide anyone taking out a mortgage with information about servicer fees within 30 days of the activation of those fees. The fee would be waived if the servicer fails to notify the receiver of the mortgage.
Transportation
Drivers’ licenses and state-issued identification cards now have a different look that’s intended to make it easier for store clerks to recognize people who aren’t old enough to buy tobacco or alcohol. A new law (H2487) requires that people 21 and under change get cards with vertical rather than horizontal formats. The change was recommended by the state’s Child Fatality Task Force.
Clerks of court can now help determine whether a person found incompetent under state guardianship laws will be allowed to keep their driving privileges. The clerks often make or help make competency determinations and the law (H2391) requires the Commissioner of Motor Vehicles to consider their recommendations. The new law applies to all people judged incompetent on or after Oct. 1.
One bill made several changes to the how vehicle registrations are handled in the state. The new law (S1787)
Repeals, before it becomes effective, the requirement that an individual surrender to
the Division of Motor Vehicles (DMV) a registration plate that is not renewed.
Requires that DMV approve equipment and software used by a safety inspection stations to transfer information to the DMV.
Requires that vehicles acquired from out of state by a resident of North Carolina or owned by new residents of the state be inspected prior to registration with the DMV.
Requires that a used vehicle acquired by private sale in North Carolina be inspected before the vehicle is registered with DMV unless the vehicle received a passing inspection within the previous 12 months.
Requires an unregistered vehicle to be inspected before it is registered with DMV, or
before a transferred registration expires, unless it received a passing inspection
within the previous 12 months.
Authorizes DMV to issue a three-day permit authorizing a person to drive an insured
vehicle with an expired inspection or registration to an inspection station, repair
shop, or DMV or contract agent registration office.
Environment
The state has a new law to help improve the way it deals with droughts. The bill (H2499) gives the governor more authority during a drought to work with local governments to help them address water shortages and makes other changes to improve how we manage droughts. The bill also requires public water providers to develop drought and water shortage plans, while heavy water users would be subject to stricter reporting requirements. Municipalities, business, farmers and private residents collaborated on the law.
Existing state buildings must reduce energy consumption 20 percent by 2010 and 30 percent by 2015, based on 2003-04 levels under a new law now in place. The law (S668) also requires state agencies and institutions to file annual energy management plans, strategies, and reports on consumption.
Notes
Congratulations to Jessie and Michele Davis and Rusty and Ann Estes of River Ridge Tree farm for being selected as the Grand Champion winners of the 2008 National Christmas Tree Contest. River Ridge Tree Farm will provide the official White House Christmas Tree. This is the 6th time an Ashe County tree has been chosen as the official White House Christmas Tree. Congratulations to the Davis and Estes families. We’re very proud of you.
I’ve had several emails recently about the high gas prices in Watauga and Ashe County. I contacted the Attorney General’s office and asked that they investigated why are prices are higher than many other parts of the sate. They have promised me to do just that. I have noticed that prices are coming down but we’re still higher than some adjacent counties such as Caldwell. I will continue to follow up on this. The price of oil has dropped significantly recently so the price of gas should also be dropping. It’s just not dropping fast enough. The Attorney General’s office will prosecute if they can prove price gouging.
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