A new year

means 40

new state laws
By Scott Nicholson
nicholson@wataugademocrat.com

Forty new state laws that took affect on Jan. 1 covering everything from where you light up to where you can gather to complain about it.

A law prohibits smoking in buildings owned, leased or occupied by a state governmental entity. The law also gives local governments the power to enact similar restrictions on its property and vehicles.

The bill was presented as an act to protect people from the health consequences of secondhand cigarette-smoke exposure. It cites a 2006 Surgeon General’s report indicating there is no safe level of secondhand smoke exposure, says 77 percent of adults in the state don’t smoke, and that tobacco smoking costs the nation $10 billion a year.

Watauga County adopted a similar restriction for its buildings and property in an ordinance that took effect a year ago. Another new state law prohibits smoking inside long-term care facilities.

One new law covering various traffic and public-safety issues and protests formally changes the word “stoplight” to “traffic signal” and requires any motorcycle or moped riders in the state to use a helmet with a chin strap affixed that meets Federal Motor Vehicle Safety standards.

That law change also creates a possible limitation on the right of people to peaceably assemble. Under the law, “A municipality or a county may adopt an ordinance regulating the time, place, and manner of gatherings, picket lines, or protests by pedestrians that occur on State roadways and State highways.”

Though the restrictions can be placed on citizen, local government employees, those working for or on behalf of the N.C. Department of Transportation and those engaged in construction, surveying or maintenance are exempt from the law.

Another law affecting local businesses is the recycling mandate applying to any business bearing an alcohol license. Those selling alcoholic beverages for on-site consumption are now required to develop a recycling plan before receiving a permit, with the goal of recycling more of the glass and plastic containers used to sell alcohol. Incorporated municipalities will be allowed to issue off-premises malt beverage and unfortified wine permits under the same law.

Another “going green” act promotes the development of renewable energy and energy efficiency in the state by developing an energy-efficient portfolio standard. The law phases out taxes on the sale of energy to farmers and manufacturers and establishes a tax credit for those who contribute to non-profit agencies for spending in renewable energy property.

Candidates for office will now be asked on their filing forms if they have ever been convicted of a felony. It’s a felony charge to answer the question with a lie.

Adoptees will now have an easier time tracking down information about their birth parents. The law will allow child placement agencies and departments of Social Services to act as intermediaries to help trace biological parents while protecting confidentiality.

Cyclists are allowed to use state-owned public lands, and also applies to lands that were purchased or leased with state funds. The law also extends the rights to walkers and hikers and allows restriction of bicycles in areas where they would “cause substantial harm to the land or the environment.”

Another law is designed to boost funding and public access for waterways, while another sets aside money from the sale of rabies vaccine tags to provide money for a statewide spay-and-neuter program.

Jailers are now required to establish the legal residency of felons or those jailed for driving while impaired.

The intent is to determine whether the detainees or prisoners are legal U.S. residents.

The complete list of laws and links to full text are at the North Carolina General Assembly Web site at www.ncleg.net.