Susan Fisher
A Leader Who Listens

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Representative Susan Fisher's Report from Raleigh

February 15, 2007

Work at the General Assembly picked up substantially this week following Speaker Hackney's announcement on Monday night of the 44 House committees and subcommittees, which will meet during the 2007-08 session. There has also been an incredible increase in the number of bills that legislators are currently working on and plan to introduce over the next two months.

Members of the House and Senate received several additional briefings on the budget this week related to public education and retiree health benefits and long-term liability, which will help us prepare for the budget discussions that will occur during the next four months.

On Thursday, the House welcomed a special guest: Her Majesty, the Queen Mother Semane Bonolo Molotlegi, who is a member of the Royal Family of Royal Bafokeng Nation based in the North West Province of South Africa.

The House and Senate will convene slightly earlier than usual on Monday night at 6:30 pm in order to welcome Governor Mike Easley for his "State of the State" address, which will begin at 7 pm. This will be Easley's fourth -- and likely final -- address, which is given every two years, and usually highlights the requests he intends to make in his upcoming two-year budget proposal. Easley's budget is expected to be presented to legislators soon. Check your local TV listings if you would like to watch the speech.

Please remember that you can learn more about the General Assembly by visiting www.ncleg.net. Our newly updated website allows citizens to listen in on each day's legislative session, committee meetings and press conferences, learn more about introduced legislation, and view each day's schedule and list of bills to be voted on.

As I've said many times before, I hope you will continue to let me know how you feel about the issues that are being debated by the North Carolina General Assembly and the challenges you and your family are facing each day. By working together, we can make Buncombe County and all regions of North Carolina a better place to live, work and raise a family.

House Committees Announced

During Monday night's session, Speaker Joe Hackney announced the 44 House committees and subcommittees, which will meet during the 2007-08 session. After many discussions with members of the House Democratic and Republican caucuses and careful consideration of their requests and suggestions, Speaker Hackney decided to create four new committees and restructure several others that have met in previous years.

The House of Representatives will now have committees that will focus on agribusiness and agricultural economy, energy and energy efficiency, juvenile justice and mental health reform. Several committees will also focus on slightly different issues or have expanded responsibilities than in previous years, including: Commerce, Small Business and Entrepreneurship; Federal Relations and Indian Affairs; Homeland Security, Military and Veteran Affairs; and Ways and Means.

I was appointed as the chairman of the House Education Subcommittee on Preschool, Elementary and Secondary Education Committee. I will also serve as vice chairman of the General Government Committee. I will also serve on Appropriations, Children, Youth and Families, Election Law & Campaign Financing Reform, Judiciary, Local Government and Energy & Efficiency Committees during the 2007-08 session.

I'm honored to have been chosen by Speaker Joe Hackney to serve as the chairman of the Education Committee. No other issue confronting the General Assembly this year is as important as improving the education of every child in North Carolina. There are many challenges facing our state, including the need to build more schools, improve our state's graduation rate and ensure more students go onto college. I'm excited to lead this important committee, and I'm ready to get to work.

For a complete list of all House committees, Click here

Senate President Pro Tem Marc Basnight, D-Dare, recently announced the Senate committees, which will meet during the next two years. For a complete list of all Senate committees, Click here .

Legislators hard at work: bill drafting requests up 35%

Legislators have rolled up their sleeves and are already hard at work on drafting legislation that they plan to introduce during this year's session. Following last year's so-called "short session," which lasted about three months, lawmakers made history with the number of bills they requested to be drafted -- an increase of 119 percent over the 2004 session. More bills were introduced in 2006 than since 1913; however, the General Assembly's bill-writing staff has experienced an even heavier work load this year during the opening weeks of session. In the first three weeks of the 2007 session, legislators have asked staff to draft 1,142 pieces of legislation, compared to 843 bills during the first three weeks of the 2005 session.

Fighting against child predators

During a press conference on Monday, Attorney General Roy Cooper urged lawmakers to update state laws meant to combat child sexual predators. He's supporting legislation that would increase punishment, improve methods of tracking offenders and strengthen reporting requirements for people who discover pedophiles. Internet social networking sites would also be required to receive parents' permission before children could share sensitive personal information.

To view the Attorney General's press release and other information regarding sex offenders and child predators, go to: www.ncdoj.com.

Military and Veterans Caucus announced

Members of the North Carolina General Assembly recently announced the creation of the Military and Veterans Caucus, which is comprised of legislators in the House and Senate who are military veterans, who represent districts with a military presence, or who have an interest in issues affecting our armed forces. The first official meeting of the new caucus, which was held earlier today at the State Legislative Building in Raleigh, was attended by 62 lawmakers.

Legislators also invited representatives of the National Guard, the N.C. Military Advisory Council, and veterans groups such as the American Legion and the Veterans of Foreign Wars of the United States to attend their caucus meeting.

Currently, there are 35 House members and 18 Senators with military experience. North Carolina's military bases, which account for the third largest military presence in the nation, contribute over $18 billion annually to our state’s economy. Our state is also home to more than 100,000 military personnel, which is more than all but two other states in the nation.

The people's agenda

On Saturday, February 10, more than 2,000 people from across North Carolina ranging from civil rights activists, anti-war protesters and low-income workers marched from Raleigh’s Memorial Auditorium to the Legislative Building to bring attention to the group’s legislative agenda.

The NAACP spearheaded what was called the "Historic K (Thousands) on Jones Street" -- a reference to the Legislative Building's address. More than 60 organizations participated or endorsed the event, from black Masons, the Latino group El Pueblo, union organizers and the North Carolina Green and Socialist parties.

The group's agenda consists of a 14-point action plan that focuses on issues ranging from expanding health care coverage to abolishing the death penalty and withdrawing U.S. troops from Iraq. The agenda also includes offering more education money to comply with the Leandro school-funding lawsuit, creating a "living wage" that would be several dollars more than the current minimum of $6.15 per hour, and giving collective bargaining rights to government employees. To view the group’s entire 14-point legislative agenda, go to: http://www.naacp.ubernc.com/.

Last Saturday's rally was held while the General Assembly was adjourned for the weekend so more working people could attend. A lobbying day is scheduled for March 28, which is expected to bring together an estimated 1,000 activists and legislators.

Mayors, police and citizens lobby legislators on public safety issues

Mayors, police chiefs and activists from cities across North Carolina converged on the General Assembly on Tuesday to call on lawmakers to make public safety a priority in the current session. Led by Charlotte Mayor Pat McCrory, about 200 people divided into groups to visit the offices of individual senators and representatives. McCrory said the group wants more money allocated for local courts and law enforcement, and more autonomy for local court systems. Mayor Terry Bellamy, and Police Chief Hogan were among those who met with lawmakers.

South African Royalty visits General Assembly

The House of Representatives was honored to have a very special guest in our chamber on Thursday: Her Majesty, the Queen Mother Semane Bonolo Molotlegi. Her Majesty is a member of the Royal Family of Royal Bafokeng Nation based in the North West Province of South Africa. Her third son King Leruo Tshekedi Molotlegi is the current King of the Royal Bafokeng Nation.

Her Majesty, as Queen and now as Queen Mother, has played a pivotal role in helping her country become a model to which other communities in the region hope to aspire. She champions the issues of job creation for her people, the rights of women in her country, improving education, and health care. In September 2006, a delegation of citizens from North Carolina was invited by a South African Religious leader to meet Her Majesty and to share community, religious, and medical strategies to eliminate health disparities. During that visit, she learned of a health care model that had been in place in NC for nearly a decade.

The purpose of The Queen Mother's visit to North Carolina was to learn more about North Carolina's health care innovations. While here, she and members of her delegation toured East Carolina University's telemedicine program, the Windows on the World Teleconferencing center in Roper, NC, and other health care facilities.

Other Legislative Highlights

Below are several bills that have been introduced in the House or Senate during the last week

House Bill 150 would change from Oct. 16 to Aug. 31 the deadline for a child's fifth birthday in order for the child to attend kindergarten that fall.

House Bill 179 would appropriate $2.15 million over two years to provide $10,000 bonuses to teachers of students with behavioral and emotional disabilities.

House Bill 183 would ban cell phone use by school bus drivers

House Bill 184 would exempt from state income taxes the compensation paid to a member of the armed forces on active duty.

House Bill 192 would issue $250 million in bonds to help provide affordable housing.

House Bill 213 would allow local government employees to return to work without losing retirement benefits.

Senate Bill 124 would authorize local governments to regulate smoking in public places.

Senate Bill 132 would establish an act to protect children from sexual predators, including expanded definitions of sexual activity, increased penalties for sexual exploitation of minors, requiring minors to have parental permission to put private information on social networking sites, and obligating film processors to report finding any images showing sexual conduct by minors.

Senate Bill 156 would limit the length of legislative sessions.

Senate Bill 161 would require student-athletes at public schools to undergo random tests for performance-enhancing drugs.

Senate Bill 163 would establish a special insurance pool for chronically ill patients who don't have access to affordable coverage.

Senate Bill 168 would move North Carolina's presidential primaries from May to the first Tuesday in February beginning in 2008.

Senate Bill 171 would require students to attend school through age 17, up from 16, beginning in 2009; and through age 18 beginning in 2011, unless they graduate from high school at an earlier age.

Senate Bill 179 would increase penalties and take other steps to strengthen prosecution of Medicaid fraud

February 8, 2007

Legislators have been working in Raleigh for slightly over two weeks and our to-do list continues to grow. We received additional briefings on the budget this week with specific emphasis on the growing needs of our state's mental health services and criminal justice system. These briefings will help us as we begin work in the coming weeks on drafting a two-year budget.

So far this session, close to 250 bills have been introduced in the House and Senate on a wide range of topics related to education, health care, public safety, taxes, the environment, improving our economy, and local projects across the state.

On a lighter note, members of the House and Senate honored the two-time national championship Appalachian State University football team on Tuesday. The Mountaineers defeated the University of Massachusetts on December 15, 2006, by a score of 28-17. The players, coaches, athletic staff and families also attended a special celebration at the Governor's mansion.

Please remember that you can learn more about the General Assembly by visiting www.ncleg.net. Our newly updated website allows citizens to listen in on each day's legislative session, committee meetings and press conferences, learn more about introduced legislation, and view each day’s schedule and list of bills to be voted on.

The House will be back in session on Monday night at 7 pm. Next week, we will receive briefings on public education and retiree health benefits. House committees are also expected to be announced so they can begin work.

As I've said many times before, I hope you will continue to let me know how you feel about the issues that are being debated by the North Carolina General Assembly and the challenges you and your family are facing each day. By working together, we can make Buncombe and all regions of North Carolina a better place to live, work and raise a family.

Budget Briefings: Corrections & Mental Health

As part of the on-going informational briefings for House and Senate members, legislative fiscal staff told us on Tuesday morning that the Department of Correction will likely need an additional 2,500 prison beds by 2011. The increase is due to growth in the rate of felony convictions and the length of sentences. The analysts said the General Assembly needs to make decisions on building new prisons this year, but added lawmakers could also tinker with sentences and work to reduce recidivism, or repeat offender, rates to narrow the number of beds needed.

On Wednesday the discussion shifted to our state's mental health services and possible ways to make needed improvements in communities across the state. In North Carolina, nearly $3 billion in federal, state and local money is spent each year on services for mental health, developmental disabilities and substance abuse. However, local and state spending on mental-health care in North Carolina varies widely from county to county, accentuating the gap between rural and urban areas in quality of care.

Legislative staff members described several large problems in the state’s mental-health system. The problems include the regional disparities in the quality of care and the state's over reliance on psychiatric hospitals. Many rural areas are hit the hardest. In each county, a "Local Management Entity," or LME, is set up to contract with private mental-health-care providers, but some rural counties simply do not have enough providers. Legislators approved $95 million in new funding for mental health services in the 2006-07 budget and are expected to continue working on additional reforms and improvements in the coming months.

In fact, as part of the permanent House Rules, which were adopted by House members this week, several new standing committees will be created, including one on mental-health reform, which is a signal that a growing number of legislators want mental-health services to be a priority in next year’s budget. All House committees are expected to be announced next week.

This week's briefings were our first in-depth look at the state’s corrections and mental health systems and expected expenses in both areas as we begin our work to draft and approve a two-year budget during the next five months.

Although the next budget cycle, which begins July 1, will be tight, no one is expecting anything like the "billion dollar plus" budget shortfalls from a few years ago when our state's economy was in a recession and we lost tens of thousands of jobs. Legislators, who are expecting a budget shortfall of $200 to $500 million this year, will now begin the task of looking at all areas of state government and various programs to determine what can be made more efficient or cut entirely in order to meet the growing needs of our state and her citizens.

Legislators, Council of State Discuss the Death PenaltyThe House Interim Study Committee on Capital Punishment, which has spent the last year studying the state's death penalty and criminal justice system, held its final meeting on Monday. The House panel recommended some legislation, but did not consider a proposal -- a two-year moratorium -- that would temporarily suspend the death penalty in North Carolina.

Also on Monday, 44 State Senators and Representatives sent a letter to Governor Mike Easley requesting an immediate suspension of all executions "until we can be assured that North Carolina's method of execution clearly meets the U.S. constitutional requirement that the punishment is not cruel and unusual." The legislators also drew attention to recent developments in other states across the country as reason for a temporary moratorium in North Carolina. Governor Jeb Bush imposed a moratorium on executions in Florida following a December 13, 2006, botched execution during which the condemned inmate clearly suffered a protracted, painful death. In addition, nine additional states -- Arkansas, California, Delaware, Missouri, New Jersey, Maryland, Ohio, South Dakota and Tennessee -- have recently halted executions to review their lethal injection process.

On Tuesday morning, the Council of State -- made up of the governor, lieutenant governor and the elected heads of eight state government agencies -- approved a revised procedure for administering executions. The council was forced into the capital punishment debate by a judge who placed three executions on hold, citing a 1909 law that requires the council to approve any change in the state's execution procedure. State correction officials changed the protocol after the state medical board said it is unethical for doctors to participate in executions and threatened to discipline any that did.

The new protocol now goes back before Superior Court Judge Donald Stephens and could be taken up by the General Assembly. Attorney General Roy Cooper has also indicated that he would try to negotiate with the state medical board before returning to Stephens' court.

Legislators Honor Former Rep. Bernard AllenThe House and Senate on Monday night honored the life of the late Rep. Bernard Allen, D-Wake, by passing a resolution (HJR 5) honoring his service to the state and to his community while recalling great memories and stories. Allen served two terms in the House before dying in October at the age of 69. Several members remembered Allen as a passionate and energetic legislator and lifelong activist for education. House members mentioned his efforts as a leader of the civil rights movement, his work on behalf of low-income citizens in his district and across the state, and sponsoring important legislation such as clean drinking wells, North Carolina's education lottery, and improved working environments and salaries for state employees.

Other Legislative HighlightsBelow are several bills that have been introduced in the House or Senate during the last week:

House Bill 130 would change from October 16 to June 16 the deadline for a child's fifth birthday in order for the child to attend kindergarten that fall.

Senate Bill 82 would create felony counts of "endangering a juvenile" for adults who place children in dangerous situations without intentionally injuring them.

Several bills were recommended by the House Select Committee on Public School Construction, which has met in recent months to study ways to meet the growing needs of school systems across the state. It is expected that our state's school systems need to build $9.8 billion worth of facilities over the next five years. House Bill 66 would allow all 100 counties to levy a one half-cent sales tax with proceeds dedicated to local school construction. House Bill 67 would allow local school districts to seek a refund on sales taxes they pay.

Senate Bill 70 would reduce the waiting period for retired teachers to return to the classroom without loss of benefits.

House Bill 81 would increase salaries of full-time faculty and staff at community colleges, with an appropriation of more than $134 million over two years.

Senate Bill 106 would remove the cap on the number of Charter Schools in North Carolina.

House Bill 65 would streamline the approval process of school construction projects and renovation plans.

House Bill 66 would authorize counties to levy one-half cent local sales and use taxes, which would be used for public school construction purposes if approved by the voters of that district.

Senate Bill 83 would make it a felony for the subject of a domestic violence order to trespass on property considered a safe house for domestic violence victims regardless of whether the person covered by the order is there.

Senate Bill 87 would prohibit the sale or distribution of video games and software determined to be graphically violent or sexually explicit.

House Bill 119 would include Internet safety instruction for students as part of the school technology plan.

House Bill 121 would require local school boards to ensure that high school science labs are equipped with safety gear for students and teachers.

Senate Bill 89 would establish a study commission on lethal injection and create a moratorium on executions until June 1, 2009, while the panel completes its study.

House Bill 122 would require hospitals to give free influenza vaccines to all employees who have direct patient contact.

Senate Bill 66 would create a commission to study the known environmental causes and triggers of cancer.

House Bill 77 would set a 20 percent renewable energy and efficiency standard for the state’s electric power generators by 2021.

House Bill 125 would dedicate $50 million over two years to the state Division of Public Health to help deliver 10 essential public health services in all counties.

House Bill 127 calls for a referendum to authorize issuance of $500 million in bonds to fund wastewater and drinking water projects.

House Bill 91 would allow for residents to register to vote at one-stop absentee voting sites and immediately cast a ballot at the site.

House Bill 68 would set formal guidelines under which biological parents or other blood relatives could create a written agreement with an adoptive parent to stay in touch with children after adoption.

House Bill 69 would change motor vehicle inspections and emissions from annually to once every two years.

House Bill 72 would raise the monthly pension for certain firefighters and rescue squad workers from $165 per month to $170.

House Bill 85 would extend by one year the grandfather date for some lifetime licenses from coastal recreational fishing license requirements.

House Bill 90 would outlaw hidden compartments in vehicles.

Senate Bill 92 would require owners of dangerous dogs to acquire liability insurance.

Senate Bill 96 would appropriate $2.9 million over two years for 10 family assistance centers for the North Carolina National Guard and armed forces and reserves.

Senate Bill 111 would allow adult adoptees or their direct descendants to receive a copy of the adoptee’s original birth certificate and other information related to the adoption.

The House Study Committee on Abandoned Cemeteries, which met prior to the start of this year’s session, made several legislative recommendations, including: House Bill 107 would clarify state laws related to abandoned and neglected cemeteries so to encourage their care and recast the statutes related to removing graves from property; and House Bill 105 would make it a felony to knowingly and willfully disturb, remove or desecrate human remains interred in a cemetery without consent or by law.

Senator David Weinstein has introduced two bills that would make changes to the General Assembly and the compensation and election schedule for legislators. Senate Bill 85 would amend the North Carolina constitution by changing the length of Senate terms from two years to four years and Senate Bill 98 would raise compensation for state legislators, ranging from an increase from $13,951 to $14,718 annually for House and Senate members to an increase from $38,151 to $40,249 annually for the House speaker and Senate president pro tempore.

February 6, 2007

The General Assembly has been in session a little over a week and legislators wasted no time in getting to work on the state's business. Last Tuesday morning, my colleagues and I received a briefing on our state's economic situation, which will help us as we begin work in the coming weeks on drafting a two-year budget. Wednesday morning we received updated information on our state's Medicaid program. Over 100 bills have been introduced so far this session in the House and Senate on a wide range of topics related to education, health care, public safety, taxes, the environment and local projects across the state.

Please remember that you can learn more about the General Assembly by visiting www.ncleg.net. Our newly updated website allows citizens to listen in on each day’s legislative session, committee meetings and press conferences, learn more about introduced legislation, and view each day’s schedule and list of bills to be voted on.

The House was back in session on Monday night at 7 pm. This week, we will receive briefings on our criminal justice system and mental health issues. Also on Tuesday, we will host the Appalachian State University football team to congratulate the players and coaches on winning their second straight national championship. The Mountaineers defeated the University of Massachusetts on December 15, 2006, by a score of 28-17.

As I've said many times before, I hope you will continue to let me know how you feel about the issues that are being debated by the North Carolina General Assembly and the challenges you and your family are facing each day. By working together, we can make Buncombe County and all regions of North Carolina a better place to live, work and raise a family.

Budget Update

Number-crunching, a long list of needs, and not enough money to cover everyone's "wish list" was the theme at early morning briefings last week at the General Assembly. My colleagues and I received an overview of the state's budget and economic outlook for the coming year, which is neither "great nor grim" as a newspaper reporter described, but somewhere in the middle. Last week's briefings were our first in-depth look at the state's finances and expected expenses as we begin our work to draft and approve a two-year budget during the next five months.

First the good news: At the midway point of the current budget year, the state has exceeded expectations and collected $285 million more than the $8.7 billion that state economists had predicted we would collect. However, the economy is slowing down, causing the state to collect less tax revenue than it otherwise would, and our real estate market is uncertain -- all of which could result in a larger budget shortfall.

Furthermore, the number of people moving to North Carolina continues to increase at a rapid pace. As the 10th largest state in the nation now, our budget expenses such as public school enrollment, teacher pay, health care costs and road improvements also continue to increase dramatically each year. For example, we will need approximately $200 million more to educate the new students arriving at our public schools and universities this fall. Medicaid, which is the state's health insurance program for the disabled, poor and elderly that is funded with federal, state and county money, is expected to grow by 14 percent in the coming years. The state’s share of Medicaid is currently $2.4 billion, or one-seventh of the state’s annual $19 billion budget.

Although the next budget cycle, which begins July 1, will be tight, no one is expecting anything like the "billion dollar plus" budget shortfalls a few years ago when our state's economy was in a recession and we lost tens of thousands of jobs. Legislators, who are expecting a budget shortfall of $200 to $500 million, will now begin the task of looking at all areas of state government and various programs to determine what can be made more efficient or cut entirely in order to meet the growing needs of our state and her citizens.

High School Graduation Rates

The State Board of Education released new high school dropout statistics on Wednesday, which were troubling and must be improved. According to the Annual Dropout Event Report for the 2005-06 school year, the state's dropout rate increased slightly in 2005-06 and is now 5.04 percent, an increase of 6.33 percent. Overall, the state recorded 22,180 students who dropped out of school in grades 9-12.

Many parts of the state experienced a decrease in dropouts with 46 of the 115 local districts reporting decreases, including Asheville City Schools. However, five of the state's largest school districts account for a disproportionate amount of the increase. Charlotte-Mecklenburg, Wake, Guilford, Cumberland and Winston-Salem/Forsyth schools accounted for 56 percent of the increase in the grade 9-12 dropouts, but only made up 30 percent of the state's high school student membership.

Data analysis found that almost one-third (32.7 percent) of all dropouts continue to occur during the ninth grade year with 25.7 percent of students dropping out in 10th grade and 22.4 percent of students dropping out in 11th grade. Dropout rates increase in frequency as students reach 16 years of age. Seventy-nine percent of dropout events occurred between the ages of 16 and 18.

The 2005-06 school year also saw an increase in the number of male students dropping out with over twice as many more leaving school than female students. Black males accounted for a disproportionate amount of the increase in the dropout count. While the dropout rates for Hispanic and American Indian students remain high, the rate for American Indian students decreased. The rate for Hispanic students continued to rise.

State Board of Education Chairman Howard Lee and State Superintendent of Public Instruction June Atkinson called on legislators to increase the legal dropout age. "We are sending students the wrong message when we tell them it's acceptable to drop out of school at 16," Lee said. "At a minimum our students need a high school diploma as a stepping stone to future success." Currently, state law requires students to attend school between the ages of seven and 16, but the State Board of Education is seeking legislation to change the age requirement to 18.

Legislators have pushed several reform measures in recent years in an attempt to restructure high schools and increase graduation rates. Currently, 58 North Carolina high schools are involved in Learn and Earn and the New Schools Project. These new programs are expected to expand to more than 100 schools by 2008. These efforts, as well as others across the state, are helping students access rigorous curricula, participate in smaller learning environments and receive the support they need to be successful in high school.

Prior to the start of the 2007 legislative session, I participated as a member of the House Select Committee on High School Graduation and Dropout Rates. The committee held meetings across the state to examine ways to ensure students receive a quality education, graduate, and go onto college and good paying jobs. House members will continue their work on this important issue in the coming months.

To access the complete dropout report released by the State Board of Education, click here.

Legislators, groups call for tax relief for working families

I was among a group of legislators joining numerous advocacy groups and citizens from across the state last Wednesday to call for the creation of a state earned income tax credit (EITC). They urged the General Assembly to consider passing one of at least three pieces of legislation introduced so far that would provide tax relief to low-income families making less than $37,000 per year. The bills (HB 6, HB 51, SB 7) would provide tax credits equal to 5 percent or 10 percent of the federal income tax credit, which was created in 1975.

In 2003, 733,000 North Carolina families applied for the federal EITC. Approximately $1.35 billion was returned to families who qualified, with the average family receiving a tax credit of $1,842. If successful, North Carolina would join 19 other states and the District of Columbia in creating a state version of the federal EITC, which could mean anywhere from $90 to $180 in tax relief for qualifying families.

Other Legislative HighlightsBelow are several bills that I co-sponsored which have been introduced in the House during the last week:

House Bill 9, School Capital Fund Formula/Lottery Proceeds would change the current formula for distributing lottery funds to counties for school construction. The original lottery bill, which passed in 2005, called for an estimated $170 million each year to be divided among the state’s 100 counties based on their number of students and the county’s property tax rate. HB 9 would distribute lottery funds based solely on the number of students.

The Joint Legislative Committee on Domestic Violence recommended several bills that would better protect domestic violence victims and increase criminal penalties for abusers, including: House Bill 44, Domestic Violence Orders/Repeat Violators; House Bill 45, DV Victims/Add Protections; House Bill 46, DV Victims/Security; and House Bill 47, Violate Order/Possess Deadly Weapon Felony.

House Bill 23, Funds for Statewide Health Promotion, and House Bill 25, Funds for Healthy Carolinians would raise awareness of heart disease, stroke, diabetes, cancer and obesity and discourage physical inactivity, poor nutrition and smoking at health departments across the state.

House Bill 24 would prohibit smoking in buildings owned, leased or occupied by state government due to health risks associated with secondhand smoke. The General Assembly buildings became smoke-free last year.

January 2007

N.C. General Assembly Gets Back to Work

State legislators headed back to Raleigh on Wednesday, January 24th for the start of the 2007 legislative session, which is expected to last until mid-summer. I was one of 120 State Representatives and 50 State Senators from across North Carolina sworn into office at noon. I am honored by the trust and support of my constituents who once again have given me the opportunity to serve my district and our state in the General Assembly. North Carolina faces some significant challenges, and I will work hard each and every day to ensure that our children are educated, our families are healthy and safe, and our economic future is bright.

As our first order of business, House members elected Rep. Joe Hackney of Orange County as the new Speaker of the House. I was one of six representatives appointed to his escort committee upon his election. Hackney, who is beginning his 14th term in the House, replaces outgoing four-term Speaker Jim Black, D-Mecklenburg. He was elected speaker by a vote of 68 to 52, with all Republicans voting for Republican Minority Leader Skip Stam, R-Wake. Rep. William Wainwright, D-Craven, was elected Speaker Pro Tempore. Rep. Hugh Holliman, D-Davidson, who was previously selected by the House Democratic Caucus, will serve as House Majority Leader. Democrats now hold a 68-52 advantage over Republicans in the House, and a 31-19 advantage in the Senate. Women now make up a clear 25% of the combined House and Senate. Lillian Exum, our first female representative from Asheville would be proud.

My top priorities this year will continue to be improving our children's education, making health care more affordable and accessible for all North Carolinians, strengthening our economy and creating good paying jobs, and reducing crime to make our neighborhoods safer. I will also continue my efforts to get additional lottery funding for Buncombe County and to work on mountain steep slope and ridge top protection, as well as look with my colleagues in the House at tax modernization.

Legislators will soon begin work on writing the state's two-year budget. In the coming weeks and months, my colleagues and I will examine the growing needs of our state, which is now the 10th largest in the nation. We will determine which programs must receive state funding and which can be eliminated or slimmed down and made more efficient in order to save taxpayer money.

Please remember that you can find additional information on the General Assembly, such as introduced bills and live audio from each day's session, committee meetings or press conferences, at www.ncleg.net. As always, I hope you will continue to let me know how you feel about the issues that are being debated by legislators and the challenges you and your family are facing each day.

Please feel free to contact me in Raleigh: Phone: (919) 715-2013, Fax: (919) 733-3113, Mail: 420 Legislative Office Building, Raleigh, NC 27603, Email:   susanf@ncleg.net

By working together, we can make Buncombe and Asheville and all regions of North Carolina a better place to live, work and raise a family. Stay tuned for updates in the coming weeks on top issues confronting lawmakers.

2007 General Assembly by the Numbers -- A few numbers to consider as the 2007 session begins

House Makeup: 68 Democrats, 52 Republicans (2005-06 session: 63 Democrats, 57 Republicans)

Senate Makeup: 31 Democrats, 19 Republicans (2005-06 session: 29 Democrats, 21 Republicans)

House Freshmen: 17 (8 Democrats, 9 Republicans)

Senate Freshmen: 4 (3 Democrats, 1 Republican)

Female Legislators in House: 36 (24 Democrats, 12 Republicans; +5 over the 2005-06 session)

African American Legislators in House: 20

Native American Legislators in House: 1 (Sutton)

Hispanic Legislators in House: 1 (McComas)

Number of Former House Speakers who will be members of the chamber: 3

Number of Legislators in House with Military Experience: 35

For other interesting facts about legislators in the N.C. House, click here

December 2006

HAPPY HOLIDAYS to you and your family! This time of year is always busy for everyone due to the usual hectic work schedules, getting ready for the holidays and shopping for gifts, traveling to visit relatives and loved ones, and everything in between.

Work at the General Assembly is also busy for me this time of year as we try to wrap up our work on the interim study committees before the start of the new legislative session in January.

As I've said many times before, I'm extremely proud of the progress we made on education, health care, our economy and reducing crime during the short time we were in Raleigh this summer. Several of the new laws that we approved during this year's session will go into effect on December 1st, which are detailed below.

The Legislature will reconvene on Wednesday, January 24, 2007 at noon. During the interim you can contact me via email at   susanf@ncleg.net or  susanfisher@bellsouth.com, or by calling my Raleigh office at 919-715-2013 or in Asheville at 828-258-5355. You can also find additional information on the General Assembly at www.ncleg.net.

EARLY HOLIDAY GIFT: SALES TAX CUT GOES INTO EFFECT DECEMBER 1

North Carolina consumers will see savings at the checkout counter due to a cut in the state sales tax rate that goes into effect Friday, December 1 - just in time for the upcoming holiday shopping season. Legislators approved a reduction of the state's sales tax earlier this summer, reducing it from 4.5 percent to 4.25 percent. It is estimated that this tax cut will save our state's taxpayers $140.1 million during the next seven months. Additional tax cuts take effect on January 1, 2007.

NEW LAWS TAKE EFFECT ON DECEMBER 1

Below is a list of new laws that take effect on December 1, 2006, which will better protect our children and families and make our neighborhoods safer. Feel free to contact me if you would like additional information on these issues or any others that were considered by the General Assembly during this year's session.

Protecting Children from Sex Offenders (S.L. 1006-181, HB 1896)

Sex offenders will face much stricter registration regulations in North Carolina beginning December 1. The new law also prohibits a sex offender from living within 1,000 feet of a school or daycare center and bars offenders from working or volunteering in a position where they would interact with minors. Some of the worst predators face lifetime satellite monitoring under a new global positioning system (GPS), and all offenders must comply with tougher registration requirements, which will give authorities more chances to update addresses and photographs. Legislators also included $1.5 million in the budget to upgrade the state's sex offender registry, implement the global positioning system (GPS), and establish an email notification program so citizens can be notified when a registered sex offender moves into their neighborhood.

Cracking Down on Drunk Drivers (S.L. 2006-253, HB 1048)

North Carolina's drunk driving laws will get tougher beginning December 1. The new law will better protect the public from the dangers of drunk drivers by strengthening existing driving while impaired (DWI) laws and making sure they are applied fairly and consistently throughout the state. The new law limits a judge's discretion to find a DWI defendant not guilty if the breathalyzer test results show a blood alcohol concentration of .08 or greater. It requires prosecutors to document and report their reasons for dismissing DWI cases, which the Administrative Office of the Courts can post on its website. It expands the definition of impaired driving to include the presence of any amount of illegal drugs in the blood. It also adds to the list of DWI-related crimes, including a new category of charges when an individual who is driving while impaired injures a victim. The law also adds new categories and stiffer penalties for those with DWI convictions who injure or kill others in accidents. The new categories and penalties are: Felony Serious Injury - A person who unintentionally causes serious injury while driving impaired is guilty of a Class F felony. Aggravated Felony Serious Injury - A person who intentionally causes serious injury while driving impaired and has an impaired driving conviction within seven years of the offense is guilty of a Class E felony. Aggravated Felony Death - A person who unintentionally causes the death of another while driving impaired and has an impaired driving conviction within seven years of the offense is guilty of a Class D felony. Repeat Felony Death by Vehicle Offender - A person who has a previous conviction for causing a death while impaired and is convicted a second time for a felony death by vehicle is subject to punishment under the second degree murder statute, which is a Class B2 felony. In addition to current bans against underaged possession and purchase of alcohol, the new law makes it illegal for a person younger than age 21 to consume alcohol. The bill also requires anyone purchasing a keg of beer to first obtain a permit from the vendor to help trace beer purchasers.

Seat Belt Use Enhancements (S.L. 1006-140, SB 774)

All vehicle passengers, including those in the back seat, will now have to buckle up in North Carolina. The new law mandates seatbelt use for all riders in a passenger vehicle. The law takes effect on December 1, but for the first six months - until next July - law enforcement officers will not issue tickets, only warnings. Beginning on July 1, 2007, back-seat passengers who are not wearing a seat belt will get a $10 ticket; however, it will only be a secondary violation, meaning law enforcement cannot stop a vehicle solely for a seat belt infraction. Supporters of the legislation said 70 percent of back-seat passengers who died in North Carolina accidents in recent years were not wearing a seat belt. Currently, only 36 percent of passengers use seat belts in the back seat, compared with 86 percent in the front seats. Of the more than 1,100 deadly crashes in 2004, seatbelts are credited with saving more than 600 lives. Almost 20 other states, including South Carolina, have passed back-seat belt use laws, which was also a major recommendation of North Carolina's Child Fatality Task Force.

Teenagers will now be prohibited from talking on their cell phones while driving. Motorists under the age of 18 caught using a cell could face a $25 fine and an extension to their graduated driving period. Like other graduated licensing rules, this law is designed more as a tool for parents than a tool for law enforcement. The bill makes exceptions for teenagers speaking with parents, law enforcement and spouses. According to supporters of the bill, more than 21 percent of all highway fatalities occur in crashes involving teenage drivers. Motor vehicle crashes are the leading cause of death among North Carolina teens, with more than 400 killed in the past five years. Drivers using mobile phones are four times more likely to be involved in a crash than those who aren't. The legislation was recommended by the N.C. Child Fatality Task Force.

Anyone who displays visual images, yells or uses abusive language within 300 feet of the funeral or memorial site will be guilty of a misdemeanor under a new law aimed at protecting families from protests at funerals. The bill originally targeted military services, but now covers all funerals. The protest ban would begin one hour before the funeral and end one hour after the conclusion of the funeral. According to bill sponsors, 31 states this year have filed similar bills, with 14 signed into law. The federal law, enacted earlier this year, applies only to national cemeteries; state laws would have a broader effect.

The criminal penalty for a simple assault or battery on a handicapped person will increase from a Class 1 to a Class 1A misdemeanor.

HIGH SCHOOL STUDENTS: WANT TO BE A LEGISLATIVE PAGE?

The N.C. House Page program offers high school students (ages 15 to 18 or those currently in the ninth grade) the opportunity to see firsthand how laws are made by participating in the legislative process. Each House Member is permitted to sponsor up to five pages from their district for the upcoming session, which begins on January 24. Pages will serve for one week doing duties such as participating in daily session and committee meetings. To read more about the House Page program, please visit www.ncleg.net/house/pages/home.html. Interested students should contact my office at (919) 715-2013 or susanf@ncleg.net for an application. Because of limited slots, it is best to submit applications as early as possible.

ASSISTANCE FOR RIEGELWOOD TORNADO VICTIMS

Governor Mike Easley and other state officials are encouraging all North Carolinians to help the families in Riegelwood who have suffered so much. The November 16th storm, which was the state’s second-deadliest tornado in 50 years, claimed the lives of eight people and damaged or destroyed at least 35 homes, leaving about 100 people homeless. For those who would like to help the tornado victims, the Community Foundation of Southeastern North Carolina has set up the Riegelwood Disaster Relief and Recovery Fund. Tax deductible contributions can be sent to: Community Foundation, 321 North Front Street, Wilmington, NC 28401 or visit the foundation's website at www.communityfoundationsenc.org. The Red Cross and Salvation Army are also accepting donations that should be designated "Riegelwood Tornado." For information about the recovery or how to donate to the relief efforts, the public can also call the Governor's Emergency Bilingual Hotline, 1-888-835-9966.

November 1, 2006

As you know, the 2006 short session of the North Carolina General Assembly ended three months ago, but the work continues in our district and in Raleigh. Recently, I attended a Save Our Slopes meeting at the Unitarian Church as well as meetings in Raleigh of the Select Committee on Health Care and the Select Committee on Drop Out and High School Graduation. I'm extremely proud of the progress we made on education, health care, our economy and reducing crime during the short time we were in Raleigh this summer. My colleagues and I in the Legislature continue to work in Raleigh on numerous issues, which will be studied by committees during the interim and we'll make recommendations for legislation prior to the start of next year's session. The General Assembly will reconvene on Wednesday, January 24, 2007 at noon. During the interim, you can contact me via email at susanf@ncleg.net or susanfisher@bellsouth.net or by calling my Raleigh office at 919-715-2013 or in Asheville at 828-258-5355. You can also find additional information on the General Assembly at www.ncleg.net.

EDUCATION PROGRAMS RECEIVE FIRST LOTTERY MONEY

The new N.C. Education Lottery made its first ever transfer of proceeds to education on October 19, seven months after the games began. The state lottery commission will make periodic transfers to the Education Lottery Fund. At least 35 percent of net lottery revenues must be used for education initiatives such as pre-K programs, reducing class size, school construction and college scholarships for needy students. The recent $95 million transfer represents 35.6 percent of the $233.1 million total the lottery collected since July 1 and another $12 million generated before that date. The lottery also made a $50 million transfer in late June, but that went into a reserve account.

Buncombe County's public schools and other counties across the state will begin receiving these new funds in the near future. Buncombe County and Asheville City schools should receive approximately $453,384 and $67,450 respectively in funding for school construction and Buncombe will receive $531,154 for pre-K education as part of this first installment of new education funds from the lottery. Funds for reducing class size and college scholarships will be announced in the future.

State law requires that at least 50 percent of the total proceeds from the lottery be paid out in prizes, no more than 8 percent for administrative costs, 7 percent to retailers and the remaining 35 percent go to education. Of the funds for education, 50 percent goes to cutting class size in early grades to 18 students per teacher and to the More at Four program for at-risk pre-kindergarten children, 40 percent for school construction, and 10 percent for need-based scholarships for college, university and community college students in North Carolina. North Carolina's lottery dedicates a higher percentage of lottery proceeds toward education than most others in the nation.

The N.C. Department of Public Instruction (DPI) will manage the distribution of the funds for the various education programs except the college scholarships, which will be handled by the North Carolina State Education Assistance Authority.

PRESCRIPTION DRUG ASSISTANCE FOR SENIORS: NORTH CAROLINA RX

Governor Mike Easley has announced a new prescription drug assistance program for North Carolina seniors. The program, funded for two and a half years with $24 million from the Health and Wellness Trust Fund, aims to help qualifying seniors pay some or all of their Medicare Part D premiums. It also hopes to encourage some of the estimated 240,000 eligible seniors in our state who have not signed up for Part D to help them navigate the federal drug program and its medication management program involving pharmacists identifying potentially adverse drug interaction.

Under the new federal Medicare Part D program, which began last January, North Carolina seniors can choose from a variety of prescription drug insurance plans. For 2007, there will be 51 plans offered to North Carolina seniors. To participate in Part D, seniors must select a plan and pay the monthly premium. Plan premiums range in cost, from $17.80 to $85.90 per month for 2007.

North Carolina Rx will help pay premiums for seniors with incomes up to 175 percent of the poverty level ($17,150 for an individual and $23,100 for married couples). The plan also increases the amount of assets seniors may have and still qualify for assistance to $20,000 for an individual and $30,000 for married couples. Qualifying seniors who are at least 65 years old and on Medicare will receive a credit of $18 per month to help pay their premium. Approximately 50,000 North Carolina low-income seniors are expected to sign up for this benefit.

A special web site, www.ncrx.gov and a toll-free hotline, 1-888-488-NCRX (6279), have been set up to provide information about the new North Carolina Rx program and coverage.

Wal-Mart has also announced that it is now selling generic prescription drugs for $4 in North Carolina. The plan, which covers generic, or non-branded, drugs for a 30-day supply, is open to anybody with a valid doctor’s prescription. No insurance is required. Pharmacies in both Wal-Mart and Sam’s Club stores will offer the low-cost prescriptions on 314 medications. To view a complete list of eligible medications, go to: www.walmart.com/pharmacy. Target will match the $4 Wal-Mart prescriptions and Kmart is offering 184 generics for $15 for a 90-day supply.

SCHOOL SAFETY MEASURES TO BE REVIEWED

In the wake of recent school violence across the nation, Governor Mike Easley has asked Secretary Bryan Beatty of the Department of Crime Control and Public Safety and Attorney General Roy Cooper to coordinate a comprehensive review of North Carolina's school safety programs. Beatty and Cooper will work with the Department of Public Instruction (DPI), the State Board of Education and the Department of Juvenile Justice and Delinquency Prevention to assess current efforts and determine if additional measures should be taken to better protect the state's school students.

As part of the effort, Easley also asked the State Board of Education and DPI to ensure school superintendents across the state begin an immediate review of their districts' safety plans for completeness and coordination with local emergency response agencies. Easley also asked Health and Human Services Secretary Carmen Hooker-Odom to provide assistance due to the emotional impact the recent school violence incidents may have on students. In addition, the Governor urged Beatty and Cooper to examine the use of technology and protocol measures, student and faculty response as well as the communication between classroom and administrative offices to perceived problems. Easley has asked Beatty and Cooper to report back to him with recommendations for needed improvements as quickly as possible.

I look forward to reviewing the reports for our local schools and will work with the Governor, his administration and other legislators to implement any needed school safety measures to ensure our students are safe.

COMMITTEE WORK CONTINUES

Even though the Legislature is not in session, we're still busy at work in Raleigh on numerous study committees, which are meeting during the interim and will make recommendations for legislation when the General Assembly reconvenes next January. As mentioned earlier in this newsletter, I'm serving on The House Select Committee on High School Graduation and Drop Out Rates. The committee has held several meetings in Raleigh, with plans for meetings around the state, as it studies ways to ensure students receive a quality education and graduate. The committee is looking at the benefit of raising the current compulsory attendance age above 16 years old, the effectiveness of high school reform efforts in recent years, effective education programs in other states, and the economic, social and criminal impact on a student's life if they drop out of school.

Education Week Magazine recently cited a national study showing North Carolina's high school graduation rate at 66 percent. Among African American males it is 49 percent and Hispanic males graduate only 47 percent. North Carolina is ranked 45th in the nation in the percent of ninth graders who graduate four years later, with only 41 percent entering college and 19 percent graduating with an associate or bachelor degree within six years. Our state's dropout rate also has a tremendous impact on our economy and society. A high school dropout in 2000 had less than a 50 percent chance of getting a job. That figure drops to 25 percent for African-American students. The dropout's job will earn less than half of what the same job earned 20 years ago. Wages are increasing only for those with at least a college education, and a lack of education is increasingly correlated with incarceration and a dependence on welfare.

Governor Easley and legislators have created several new programs in recent years aimed at increasing high school graduation rates and encouraging more students to attend college. The Learn and Earn early college high schools initiative provides high school students the opportunity to graduate in five years with a high school diploma and an associate's degree or two years of college credit. North Carolina launched the New Schools Project to assist in the creation of small, economic development-themed high schools across the state. The smaller high schools focus on growing economies and job sectors by offering classes in health care, computer technology, biotech and engineering based on a student’s interests and possible future career.

As I have said before, communication with you is important to me. Please keep me posted on any issues of concern to you as we work together to address the needs of all our people. Working together we will make Buncombe and Asheville the best place in the state to live, learn, work and care for our families both now and in the future.

September 28, 2006

As you may know, the 2006 short session of the North Carolina General Assembly ended two months ago, but the work continues in the district and in Raleigh. Recently, I attended the Institute for Emerging Issues community forum at UNC-Asheville where the dialogue has begun regarding tax system modernization in North Carolina. I continue to attend meetings of the Select Committee on Health Care.

I'm extremely proud of the progress we made on education, health care, our economy and reducing crime during the short time we were in Raleigh this summer. Several of the new laws that we approved during this year's session will go into effect on October 1st and others will take effect in the coming months. I will keep you posted on these in future updates.

The Legislature will reconvene on Wednesday, January 24, 2007 at noon. During the interim, you can contact me via email at susanf@ncleg.net or by calling my Raleigh office at (919) 715-2013 or in Asheville at (828) 258-5355. You can also find additional information on the General Assembly at www.ncleg.net.

Below is a list of new laws that take effect on October 1, 2006, which will make our neighborhoods safer, reform our campaign finance laws, and better protect our schoolchildren and consumers. Feel free to contact me if you would like additional information on these issues or any others that were considered by the General Assembly during this year's session.

SCHOOLCHILDREN'S HEALTH ACT (S.L. 1006-143, HB 1502)

Public schools in North Carolina will be required to keep buses from idling too long and limit the use of pesticides, mercury, arsenic-treated wood, mold and mildew, beginning Oct. 1. The new law requires schools to notify parents within 72 hours of a spraying. Schools must come up with a plan on the bus requirement and are banned entirely from using arsenic-treated wood on playgrounds. The "Schoolchildren’s Health Act" uses common-sense, low-cost, and even cost-savings measures to reduce student and staff exposure to hazardous contaminants in school buildings. I am proud of these measures, which passed with strong support from the N.C. Pediatric Society, the Conservation Council of N.C., and Action for Children N.C. Our children and our environment will be better protected from toxins with this new law.

FIRST PHASE OF VIDEO POKER BAN TAKES EFFECT (S.L. 2006-6, SB 912)

Video poker machines will be banned in North Carolina beginning on July 1, 2007, and the estimated 10,000 current machines will be reduced by a third starting on October 1. The new law requires machine owners or businesses to downsize from their current maximum of three machines to two machines by October 1, 2006, and from two machines to one machine by March 1, 2007. Current machine owners must sell their machines to individuals outside of North Carolina or to the Cherokee Casino in western North Carolina, which will be allowed to continue operating under the new ban.

PROTECTING CONSUMERS FROM IDENTITY THEFT (S.L. 2005-414, SB 1048 & S.L. 2006-173, HB 1248)

Legislators approved far-reaching identity theft protections during the 2005 session, most of which became law previously. On October 1, the remainder of this new law takes effect, which will provide additional protections of an individual's social security number. Businesses will no longer be able to: (1) intentionally communicate or make available to the general public an individual's social security number; (2) intentionally print or imbed a individual's social security number on any card required for the individual to access products or services provided by the business; (3) require an individual to transmit his or her social security number over the Internet, unless the connection is secure or the social security number is encrypted; (4) require an individual to use his or her social security number to access and Internet website, unless a password or unique personal identification number or other authentication device is also required to access the website; and (5) print an individual's social security number on any materials that are mailed to an individual, unless the state or federal government requires the social security number to be on the document to be mailed.

During this year's session, legislators also approved a bill (S.L. 2006-173, HB 1248), which requires local and state governments that suffer a security breach that could lead to identity theft to inform citizens of the breach. The new law will require governments and public agencies to follow the same requirement that businesses must alert customers when confidential information is compromised. The corporate requirement passed in 2005 as part of a broad identity theft prevention law (Identity Theft Protect Act of 2005; SB 1048). The Secretary of State's Office will have one year to meet a requirement to keep personal identifying information off of its website, which currently contains an estimated 500,000 online records. During that time, the office will be required to study how to remove personal data from documents already available through its website.

SAFETY TRAINING REQUIRED FOR ATV DRIVERS (S.L. 2005-282, SB 189)

A new law took effect last December that prohibits the operation of all-terrain vehicles (ATV) by people less than eight years old, requires eight to fifteen year old ATV drivers to only ride on vehicles with smaller engines, and makes it unlawful for a parent or legal guardian of a child under 16 years of age to permit that child to operate an ATV without constant supervision of a person 18 years old or older. Beginning on October 1, every ATV operator born on or after January 1, 1990, must also have a safety certificate indicating successful completion of an all-terrain vehicle safety course sponsored or approved by the All-Terrain Vehicle Safety Institute.

PERMITTED USE OF CAMPAIGN FUNDS (S.L. 2006-161, HB 1845)

Candidates and campaigns will only be able to use campaign funds for expenses related to their campaigns and office-holding duties and will be prohibited from using the funds for personal use under a new law that takes effect on October 1. Under the new law, campaign funds may be used for the following campaign purposes: ordinary expenditures made in connection with the candidate's campaign or with fulfilling the duties of elected office; donations to certain charitable organizations (not one where the spouse or child of the candidate is employed), to a political party, or to another candidate; to return contributions to a contributor; or for the payment of penalties assessed against the candidate's campaign committee by a board of election or court. The bill also prevents heirs of deceased candidates from inheriting campaign money.

CITIZENS BEWARE: SWEEPSTAKES AND LOTTERY SCAMS ON THE RISE (S.L. 2006-161, HB 1845)

N.C. Attorney General Roy Cooper recently issued a warning to consumers and banks about lottery and check scams. Nearly 400 people have told state officials about losing money in lottery schemes this year - just under the total for all of last year. Lottery-scam complaints to the Charlotte-region Better Business Bureau about lottery scams are up 80 percent from a year ago to more than 1,400. Lottery scams have been around for years, usually aimed at the elderly, but complaints are growing because crooks now also target younger victims, hoping to take money from less experienced consumers. The schemes usually start small, such as a letter requesting a processing fee of $25 to $50 in order to win $1 million, but they can escalate and cost some unwitting consumers well into the thousands with bogus checks meant to cover fees. Some people are losing more than $100,000. More elaborate scams often require victims to send more money to receive their winnings, but offer to repay them with a check. Victims send the scammers the fee, usually around $1,000 to $5,000, and then try to cash the bogus check they receive later at their bank.

Here are some warning signs that the check you got in the mail is a fake:

You've been told that you've won a lottery called "El Mundo," "El Gordo" or from a foreign country such as Canada, Costa Rica or Australia.

You're told to wire, send, or ship money immediately to a large U.S. city or abroad, especially to England, Canada, or Nigeria.

You've posted an item for sale online and receive a check for more than your asking price.

You're told that you can receive a commission for transferring money through your account.

You get an email or telephone request to confirm, update or provide your personal account information.

North Carolinians who receive what they suspect is a counterfeit check or get a call or letter claiming they've won a phony lottery should not respond. Instead, report the scam to the Attorney General's Office by calling 1-877-5-NO-SCAM toll-free within North Carolina.

2006 SHORT SESSION WRAP UP

The 2006 short session of the North Carolina General Assembly has ended, and I am proud to report that numerous newspapers, Governor Mike Easley, and various advocacy groups from across the state have all said that it was one of the most successful and productive sessions in recent memory. My colleagues and I remained focused from the first day of session until the last on our priorities of improving education, making health care more affordable, strengthening our economy and creating new jobs, reducing crime in our neighborhoods, and protecting our environment.

As I've told you before, the House Democratic Caucus announced a far-reaching agenda on opening day - May 9 - and as we said on the final day of session, we accomplished every item on our agenda and passed many other bills during our two and half months in Raleigh. The Legislature will reconvene on Wednesday, January 24, 2007 at noon.

Below is a short recap of some of the most important legislative accomplishments of the 2006 session. Feel free to contact me if you would like additional information on these issues or any others that were debated by the General Assembly during this year's session.

EDUCATION

Education remained my Number One priority throughout this year's session. I'm extremely proud of our many accomplishments, which will improve education from early childhood through adulthood. Due to this year's budget surplus and the lottery, we were able to dedicate more funding to our children's education than ever before. The budget included $10.8 billion in resources dedicated to improving education and increasing teachers' salaries. This total represents more than $943 million above last year's budget and is in addition to $425 million in expected revenues from the new North Carolina Education Lottery. We gave teachers the substantial pay raise they deserve (8%), which will bring them closer to the national average and will help us reduce our teacher shortage. We dedicated over $75 million to address the on-going Leandro school funding lawsuit, which will help our low-wealth schools and disadvantaged students and provide additional funds for literacy coaches and high school reforms. We also eliminated a $44.3 million recurring reduction in public school budgets ordered annually since the 2003 budget shortfall.

We continued our investment in our outstanding universities and community colleges, which educate our people at all stages throughout their life. UNC campuses across the state will receive $185.7 million to help build new classrooms and buildings. The budget also substantially increases financial aid available for students attending our state's universities and community colleges, and we gave parents a new tax deduction when they save for a child's college education.

We also established a new lottery oversight committee, which will ensure that all lottery proceeds go to early childhood education, reducing class size, school construction and college scholarships.

HEALTH CARE

Improving health care in North Carolina by making it more affordable and accessible for all of our citizens was another top priority during this year's session. As the House Democratic Caucus stated on opening day, we believe that health care should be a part of the job - - if you work, you should have health insurance. It is wrong that half of the 1.3 million uninsured North Carolinians work full-time jobs. To help address this problem, we passed numerous bills this session that will improve and expand health care and services in communities across our state.

The House Select Committee on Health Care, which was created during the interim by Speaker Black, and its six subcommittees held numerous meetings prior to May and made recommendations for legislation on issues including access to health care, ways to decrease the number of uninsured North Carolinians, and the state's increasing costs associated with Medicaid.

After three years of work and passage by the House several times in recent years, we were finally successful in approving a new tax credit for small businesses that offer health insurance to employees. The new $250 tax credit will go to small businesses that offer health coverage to employees making less than $40,000, which will help our valuable businesses with one of their fastest growing expenses, plus allow more North Carolinians to get or keep health insurance.

The House also passed legislation that would create a new high-risk insurance pool, which would cover people who can't afford health insurance or can't qualify under traditional plans. Supporters of the bill said this was a first step toward providing affordable health care to our state's 1.3 million uninsured. The House overwhelmingly approved the bill, but unfortunately the Senate did not take it up prior to adjournment.

This year's budget provides more than $4.2 billion for health and human services. As part of an on-going reform effort that began in 2001, we dedicated $95 million in new funds for mental health, developmental disabilities and substance abuse programs, including $14.4 million for the Mental Health Trust Fund. We provided $27.4 million in relief to all 100 counties to freeze the counties' portion of Medicaid expenses at the 2005-06 year's level. (Note: The House budget included a total of $53 million to cap the rate and provide additional assistance to counties with high numbers of Medicaid recipients; the Senate did not provide any assistance in its budget.) More than $30 million is provided for child care services and subsidies, which will maintain the current 2,650 child care slots, remove 3,096 children from the waiting list and create 3,100 new slots.

IMPROVING OUR ECONOMY & CREATING NEW, WELL- PAYING JOBS:

North Carolina's economy has steadily improved during the last few years; however, some communities continue to experience job losses and unemployment rates higher than the state or national rate.

In an effort to strengthen our economy and create new jobs, my colleagues and I were successful on numerous fronts. We approved a $1 increase in the state's minimum wage, which will increase the salaries of approximately 140,000 North Carolinians from $5.15 to $6.15 per hour starting January 1. We provided substantial pay raises for our valuable teachers and state employees - - teachers received an average 8% increase and state employees received a 5.5% increase.

We approved legislation to expand successful job creation programs, like the One North Carolina Fund and Job Development Investment Grants (JDIG), which have created over 33,000 new jobs across our state since 2001 and are helping our economy prosper. The budget provided $15 million for the One North Carolina Fund and $5 million for the One North Carolina Small Business Fund. Legislators also approved changes to the William S. Lee Act, which was created 10 years ago and has created more than 130,000 new jobs across the state during the past decade. Under this program, companies receive tax credits based on the location of the new jobs - - companies receive higher credits if jobs are located in more economically distressed or impoverished counties of the state.

We provided close to $200 million in tax cuts for all North Carolinians, including a reduction in the state's sales tax, effective December 1 - - just in time for the holidays - - and a reduction in the personal income tax rate, which will help approximately 30,000 small businesses. We also capped the state's gas tax to ensure it does not increase further even if oil and gas companies continue to raise prices at the pump for consumers.

PROTECTING OUR FAMILIES & REDUCING CRIME:

Legislators took numerous important steps during this year's session, which will reduce crime and better protect our families and communities. We strengthened our laws regarding sex offenders, DWIs, identity theft, and the production of meth, which is a dangerous drug impacting many of our rural communities. Legislators also approved vital funding in the budget for our courts, new judicial and law enforcement positions (add local positions), and our state's emergency preparedness efforts.

Following work by the House Select Committee on Sex Offender Registration Laws, the General Assembly passed numerous measures that crack down on sex offenders, which will better protect our children. Sex offenders will now be prohibited from living within 1,000 feet of a school or daycare center and will not be able work or volunteer in a position where they would interact with minors. Some of the worst predators face lifetime satellite monitoring under a new global positioning system (GPS), and all offenders must comply with tougher registration requirements, which will give authorities more chances to update addresses and photographs. DMV is also instructed to search the national database of sex offenders prior to issuing a new driver's license, which will help ensure criminals from other states also register and are monitored in our state. Legislators also took aim at human trafficking and sexual servitude by increasing penalties, especially for those individuals who harbor children. We included $1.5 million in the budget to upgrade the state's sex offender registry, implement the global positioning system (GPS), and establish an email notification program so citizens can be notified when a registered sex offender moves into their neighborhood.

Lawmakers approved legislation to create a first-in-the-nation Actual Innocence Commission, which will help ensure the guilty are in prison and the wrongfully convicted are not. The commission will be focused on examining questions of innocence, while the current criminal appeals process is geared toward ensuring fair trials.

After three years of work, the state has overhauled and toughened our DWI laws. The new laws will impose tougher penalties for those who cause fatal accidents and limit the discretion of judges, which in the past has resulted in many DWI charges being reduced or completely tossed out of court. The DWI changes create three new felonies and stiffer penalties for automobile accidents that involve impaired driving and result in serious injury or death. The measure will also require merchants to keep records on keg sales and make it a misdemeanor for anyone younger than 21 to drink an alcoholic beverage.

The General Assembly also passed legislation to ban video poker. The new law, which was supported by the North Carolina Sheriffs' Association, requires current machine owners or businesses to downsize from the current maximum of three machines to two machines by October 1, 2006, and from two machines to one machine by March 1, 2007. A complete ban of the machines will take effect on July 1, 2007. The phase out of video poker will allow the more than 1,700 current employees in the industry to find new jobs while ridding the state of the controversial games.

CAMPAIGN FINANCE, LOBBYING AND ETHICS REFORMS:

House members spent close to 8 months drafting various ethics, campaign finance and lobbying reform proposals. At the end of last year, House Speaker Jim Black established the House Select Committee on Ethics and Governmental Reform, which looked at numerous issues and ultimately recommended 10 pieces of legislation.

Prior to adjourning, legislators approved some of the toughest and most far-reaching campaign finance, lobbying and ethics reforms and regulations in the nation. We strengthened ethics regulations for the executive, judicial and legislative branches of government along with boards and commissions. We established an independent, eight-member State Ethics Commission, which will conduct inquiries on complaints filed against all three branches of government. Following last year's passage of tougher lobbying regulations, lawmakers went further this year by enacting additional reforms including a gift-giving ban and a ban on lobbyists contributing to political campaigns.

Legislators also approved bills that provide more control over the use of campaign funds and prohibit the use of funds for personal expenses, improves required training for campaign treasurers, bans the use of “blank payee” contribution checks, and requires stronger reporting requirements on campaign finance reports as well as efforts by lobbyists and politically active “527” groups.

IMMIGRATION REFORM

Legislators approved several measures intended to address illegal immigration in North Carolina. Driver's license applicants will now have to produce a Social Security card or valid visa when applying for a North Carolina license. In recent years, illegal immigrants had used an Individual Taxpayer Identification Numbers (ITIN) as identification to obtain a driver's license. Another measure would require state government, including the UNC system, community colleges and school systems, to use a federal database to ensure new hires are legal residents. The House also passed a resolution calling on the U.S. Congress to enact meaningful immigration reform, including locating a new immigration court in Charlotte and allowing local authorities to be able to work with federal agencies to deport illegal immigrants who are caught driving while impaired or for other serious crimes.

KEEP IN TOUCH!

We have a lot of work ahead of us and I hope you will continue to tell me about the issues that matter most to you and your family, as well as your suggestions on how we can better prepare our state for the future.

By working together, we can make Asheville and Buncombe County and all regions of North Carolina a better place to live, work and raise a family. As I’ve said many times before, I hope you will continue to let me know how you feel about the issues that are being debated by the North Carolina Legislature and the challenges you and your family are facing each day.  


Click here to view an archive of past reports from Rep. Fisher.

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