The Raleigh Report
From the Office of Cullie Tarleton
March 9, 2009
The pace of our work in the General Assembly continues to increase and our committees are meeting regularly to consider some of the hundreds of bills that have been proposed. The economy, our budget and job creation remain our top priorities as we weigh what we can do in these difficult times.
Governor Perdue will visit our chamber this week to deliver an address (her first State of the State) to the General Assembly and I expect we will learn more about her plans for the state. Already, she has signaled that she intends to do all she can to protect and improve education. A position I agree with. Fittingly, she signed a bill into law this week that enables her to clarify leadership roles at the Department of Public Instruction.
As always, I welcome your thoughts and ideas about my work in Raleigh and I have included below information about some of the legislation we are considering. I look forward to hearing from you.
Health
A bill to prevent smoking in workplaces and public spaces passed the House Health Committee this week. House Bill 2, “Prohibit Smoking in Public & Work Places,” has now been referred to the House Judiciary I Committee for further consideration. Peg O’Connell, the wife of former Insurance Commissioner Jim Long, attended the Health Committee meeting to lobby in support of this bill. O’Connell attributed her husband’s recent deadly stroke to his long-time smoking habit and said he favored more stringent smoking regulations, both because of his belief that it saved money and because he believed it helped smokers quit. I co-sponsored H2 and while I expect there will be several amendments offered on the floor, I think we’ll pass it.
Proposed legislation would allow the state health director to inspect poultry processing plants. The intent of the legislation (HB 390) is to protect the health of plant employees.
Adolescent Health Care Centers would get more money under legislation filed in the House this week (HB 354, a bill I co-sponsored). If enacted, the legislation would appropriate $750,000 more a year for 2009-10 and 2010-11. The money would be used to help school-based and school-linked adolescent health centers that have been experiencing a growth in caseloads. The centers would have to be credentialed by the state or in the process of earning credentials or provide high quality services in a limited capacity.
Legislation filed in the House this week (HB 329, another bill I co-sponsored) would enable retired nurses in the Teachers’ and State Employees’ Retirement system to return to employment as nursing instructors without losing retirement benefits.
Insurance companies would have to report the details of settlements of medical malpractice claims under a proposed law. If enacted, the bill (H 332) would require insurance companies to report actual damages and settlements to the Department of Insurance.
Education
A bill that would make it unlawful for a school board member to willfully fail to discharge the duties of office has been approved in the House. House Bill 43, “School Board Members/Failure to Discharge Duty,” allows school board members who fail to discharge their duties to be charged with a Class 1 misdemeanor. They would be subject to removal from office by the court as a part of the punishment for the offense. The bill now goes to the Senate for consideration.
Public Safety and Courts
Counties and cities would have the authority to order evacuations in certain situations under legislation filed in the House this week (HB 416). The legislation is based on the recommendations of the Joint Select Committee on Emergency Preparedness and Disaster Management Recovery.
A bill that establishes courtroom procedures for remote testimony by children has been approved in the House. House Bill 192, “Child Witness Testimony/Procedures,” would allow judges to let children testify remotely if the court determined that testifying in front of the defendant would cause severe emotional distress or would harm the child’s ability to tell the truth. The bill now goes to the Senate.
Energy
Legislation filed in the House this week (HB 372, I co-sponsored) would extend the sunset for the state’s Renewable Energy Tax Credit to match the federal tax credit. If enacted, the legislation would encourage further development of alternative energy sources in the state.
Miscellaneous
The House has approved a change in the state ethics law that would add more continuity to the work of the Legislative Ethics Committee. The bill (HB 104) allows for four-year staggered terms of office for members. The shift will ensure that the terms of committee members do not expire at the same time. The bill also shortens the time legislators have to receive ethics training after coming into office from three months to two months.
Bill drafters and those who write rules for state agencies would be directed to use more respectful references to people with disabilities under a bill filed this week (HB 353).
Unauthorized use of another individual’s personality for commercial purposes would be prohibited under the Right to Publicity Act (HB 327) filed in the House this week. If enacted, the legislation would create liability for sustained damages for any person who knowingly used another individual’s personality for commercial purposes without prior consent. I’m told by the bill sponsors that this bill was introduced at the request of the motor sports industry.
Notes
We received visits this week from the NC Chapter of American College of Nurse-Midwives, The American Heart Association and the NC Veterinary Association. Thanks to all of you for your interest in our state government.
I didn’t co-sponsor the Mountaintop Removal bill that was introduced in the House this week. The bill would prohibit N C Utility Companies from buying coal mined by this method. For the record, I strongly oppose mining coal by this method. It’s bad for the environment and bad for the people who live in those states where it’s done (it’s not done in N C). Passing a law in N C won’t stop this method of coal mining. We can’t legislate what happens in other states. What we need is federal legislation that would stop this method of coal mining. Passing a bill in N C would result in your monthly power bill going up and I can’t support a bill that doesn’t stop a procedure I disagree with but would cause your monthly power bill to increase. I will work, willingly, with the bill advocates to get federal legislation so that N C consumers aren’t put at a disadvantage.
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