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Friday Fax – Legislative Update
March 24, 2005
Below is an abbreviated version of NCRMA's Friday Fax. With Over 200 bills introduced in the Senate today, we are still shifting through the rubble. Expect a full run-down of these bills early next week.
1) Methamphetamines
2) Bill Filing Deadline in the Senate
3) ABC Permits
4) Violent Video Games
5) Flashing Law to Be Amended
6) Lottery Vote Coming Soon
1) Methamphetamines
NCRMA made its rounds this week explaining to legislators just how bad an economic impact Senate Bill 686 – Meth. Lab Prevention Act – would have on North Carolina 's retailers. Senate Bill 686 is based on the Oklahoma law. As written, any cold medicine containing pseudoephedrine, except for liquids and gel caplets, will be removed from retailers' shelves and can only be sold from behind the pharmacy counter by a pharmacy. It is just beginning to dawn on legislators that if this legislation is enacted, many retail outlets will no longer be able to carry almost all cold medicine products. Legislators are realizing that their constituents will have access problems to these common and legal medications. Flu season is just finishing and allergy season is just around the corner. We expect a hearing on this bill in less about two weeks. We have learned from the Senate Judiciary II Chairman that Attorney General Roy Cooper has requested that Oklahoma officials be present to tell about how good their law is working to fight the meth. problem in their state.
The Senate is where we could have some problems as the Attorney General was a long-serving member of the Senate. However, we are continuing to gain traction in the House for the more reasonable compromise we are proposing.
Many thanks to Teross Young of Food Lion for walking the halls all day on Wednesday with us to tell legislators about the effect this legislation would have on his company.
2) Bill Filing Deadline in the Senate
The Senate Bill Filing Deadline this week resulted in an avalanche of over 200 bills being filed today. A number of these bills impact retail in some way or another. While we will send a special update for you next week, here is a list of some of the bills introduced today which may affect your industry:
Senate Bill 828 – ABC Stores to Sell North Carolina Wines – Senator Kay Hagan (D-Guilford). Our question to Senator Hagan today was whether retail stores could also sell liquor.
Senate Bill 923 – Mandatory Lunch Breaks – Senator Dan Clodfelter – This legislation would require all North Carolina employers to provide a meal break during the work day.
Senate Bill 984 – Amend Workers' Compensation Act – Senator David Hoyle. This is a workers' compensation reform package NCRMA has been working on with a number of business groups to improve the workers' compensation laws in North Carolina .
Senate Bill 986 – Amend Motor Fuel Marketing Act – Senator David Hoyle (D-Gaston). This legislation seeks to change the “Below-Cost Sale of Gasoline” issue NCRMA worked on last session. We expect a companion bill to be filed next week in the House by Former Speaker Harold Brubaker (R-Randolph).
Senate Bill 1028 – Strengthen Laws on Compounding Pharmacies – Senator Janet Cowell (D-Wake). This is a blank bill but will attempt to regulate pharmacies that compound medications.
Senate Bill 1048 – Identity Theft Protection Act of 2005 – Senator Dan Clodfelter (D- Mecklenburg). This is an identity theft package bill being sponsored by Senator Clodfelter at the request of Attorney General Roy Cooper that contains a provisions dealing with file freezing, use of social security number and security breaches.
Senate Bill 1020 – Restaurants Provide Info on Use of Peanuts - Senator Malcolm Graham. This legislation would require retailers who have a deli to post signs stating whether “nut” products are used in preparing food sold.
Senate Bill 1030 – Electronics Recycling and Job Creation – Senator Janet Cowell (D-Wake). This legislation would impose on retailers a new 1% excise tax on the sales price of televisions and computers sold in North Carolina . We have told Senator Cowell this just places brick and mortar retailers at a bigger disadvantage in competing with Internet retailers.
3) ABC Permits
For the fourth week in a row, NCRMA spent an enormous amount of time in discussions with Representatives Deborah Ross (D-Wake) about proposed legislation that would give the ABC Commission additional authority to revoke alcohol permits of bad actors. This bill continues to change at NCRMA's request and we are still a long way from saying the bill is acceptable.
4) Violent Video Games
The Senate Commerce Committee canceled their hearing this week on Senate Bill 2 – No Violent Video Games Sales to Minors. We expect a hearing on this unconstitutional legislation in the next two weeks.
5) Flashing Law to Be Amended
At the request of NCRMA, Senator John Snow (D-Cherokee) introduced Senate Bill 776 this week. Senator Snow is a former prosecutor and a District Court Judge for twenty-seven years. This legislation will address a problem some stores are having in North Carolina – the flashing of children by an adult of the same sex in the stores, often in the toy section. Under North Carolina law, a person can only be charged with this crime if the victim is of the opposite sex. Snow's bill will clarify the law and increase penalties when the victim is under the age of sixteen and the accused is over the age of eighteen.
6) Lottery Vote Coming Soon
At a press conference held Wednesday, Speaker Jim Black stated that there would be an up or down vote on the Lottery in the next 10 days to two weeks to “get the issue out of the way once and for all.” Those counting noses say that the lottery proponents are 10 votes short but the vote may be closer to six to seven votes short. NCRMA remains opposed to the Lottery as it diverts disposable income from profitable items.
‘TIL NEXT WEEK
Fran Preston
Andy Ellen
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