More anti-annexation bills introduced

While much of the legislative attention this week has been focused on preparing the state budget, several more anti-annexation bills were introduced.  Reps. Fred Steen and Lorene Coates introduced HB 2754 – Rowan County/Annexation Moratorium to place a moratorium on citizen-initiated annexations in Rowan County until June 30 2009.  Rep. Danny McComas and Sen. Julia Boseman introduced HB 2764 and SB 2128 – New Hanover Annexation Moratorium, to impose a moratorium on citizen-initiated annexations in New Hanover.  These local bills are similar to the statewide annexation moratorium bill ( HB 2367 – Involuntary Annexation Moratorium ).   Meanwhile, Sen. Andrew Brock introduced SB 2149 – Rowan Annexation and SB 2150 – Davie Annexation , to require a referendum for annexations in Rowan and Davie Counties, respectively.

Long-standing NCLM core principles include strong support for the state's annexation laws, and the membership opposes a moratorium.  A moratorium would unnecessarily tie municipal officials' hands in dealing with the growth that is occurring in their areas.  Dealing with growth is a proposition that requires planning budgets months in advance.  Even a so-called short moratorium would completely disrupt efforts to protect the environment, install infrastructure and arrange financing.  Also, a moratorium can too easily be extended, as has been the case in Virginia.

Municipal officials are open to reasonable changes to annexation laws as long as they don't undermine the principles put in place by legislators nearly 50 years ago, or handcuff our ability to deal with the way areas are growing on a daily basis.

Powell Bill repeal proposed

Rep. Cary Allred has introduced legislation to repeal the Powell Bill.  HB 2751 – Highway Fund Name Changes would repeal the general statutes that provide municipalities with an annual distribution of funds to be used for street construction and maintenance and other street- and sidewalk-related purposes. 

This would be a huge hit to municipal budgets--the 2007 distribution was more than $157 million.  Municipalities are already struggling to keep up with transportation infrastructure needs, and more funding is needed, not less.  Cities and towns already spend nearly $1 billion on transportation each year, managing more than 20,000 road miles throughout the state. 

Needless to say, the League membership strongly opposes any attempt to take away desperately needed transportation infrastructure funds.  The bill was referred to House Transportation.

Bill would award attorneys' fees in public records cases

A bill introduced this week by Sen. David Hoyle, SB 2064 – Open Government Act , would eliminate a judge's discretion in awarding attorneys' fees in public records cases.  Currently, a judge may require the losing party in a public records lawsuit to pay the prevailing party attorneys' fees, but the judge is not required to do so if he or she finds that the losing party acted with substantial justification.  The League believes that judges should retain the discretion to determine whether attorneys' fees are appropriate based on the facts and circumstances of the individual case.

The bill also appropriates funds for a unit within the N.C. Department of Justice to develop and carry out education and awareness programs about the responsibilities of public agencies under the state's open meetings and public records laws and to serve as a mediator in resolving public records and open meetings disputes.

Repeal of vehicle tax collection program proposed

Identical bills have been filed that would repeal the combined motor vehicle registration and property tax collection system that is scheduled to go into effect in 2010.  Most other states use a similar system so that property taxes on motor vehicles are collected when the vehicle's registration is renewed.  Local governments sought this program as a means to improve the low collection rate on automobile taxes.  It is estimated that the combined system would capture an additional $80 million in local government property taxes that would otherwise go uncollected.  HB 2706 and SB 2078 – Repeal Combined MV Property Tax Collection have been assigned to their respective Finance committees.  The League opposes efforts to repeal the authorization for this program.

Gang bill goes to conference

The House failed to concur in Senate changes to HB 274 – Street Gang Prevention Act, voting to send the bill to a conference committee to resolve differences between the House and Senate versions.  The Senate last week approved its version of HB 274 to create new felony offenses for certain gang activities, as well as SB 1358 – Street Gang Prevention Act that focuses on intervention and prevention programs.

Solid waste tipping tax could be delayed

Companion bills have been introduced to delay the effective date of the $2 per ton solid waste tipping tax at landfills and transfer stations.  HB 2541 (Reps. Allen, Gibson, Harrison) and SB 1923 – Delay Solid Waste Tax Effective Date (Sen. Albertson) would delay the tax until January 1, 2009 to allow time to work with the Department of Revenue on issues related to its implementation.

Budget status

The House appropriations subcommittees have been working earnestly and completed their recommendations for budget adjustments this week.  A complete budget proposal will come before the full appropriations committee next week, with House floor debate anticipated next week as well.  We will report on the House version of the budget in more detail in the next Legislative Bulletin .

See you at Town Hall Day

Please make sure your city or town is represented at Town Hall Day on June 4.  As we have noted many times before, your presence in the Legislative Building and your continuing conversations with your Representatives and Senators are the most effective means of advocating the municipal viewpoint.  Town Hall Day activities will be on Wednesday, June 4.  Attend one of two briefings (either 10:30 a.m. or 1:00 p.m.) at the Local Government Federal Credit Union Conference Center in the Quorum Center, 323 West Jones Street, Raleigh.  After the briefings, visit the General Assembly and talk with your legislators.  There will be a reception honoring legislators beginning at 5:00 p.m. at the Quorum Center.  You can register onsite.  Go to www.nclm.org for more details.

Following are some of the bills that were introduced or acted upon this week.  If you need a copy of these or any other bills, please contact the Legislative Printed Bills Office at 919-733-5648 or the League office.  Remember that bills and legislative calendars are now available on the Internet at http://www.ncleg.net .  Please contact the League staff if you have any particular interest or concern regarding any piece of legislation.

ENVIRONMENT

Bill:         HB 2504

Sponsors:         Gibson (D69); Allen, L. (D49)

Title:        LIMIT IMPERVIOUS PAVEMENT IN PARKING LOTS

Summary:         An Act to Limit the Amount of Impervious Surface of Vehicular Surface Areas, as Recommended by the Environmental Review Commission.

Status:     House Environment

Specifies that for development that will disturb more than one acre of land, no more than 80% of the surface area of the vehicular surface area may be impervious surface.  Prohibits issuance of building permit to development that does not comply.

Bill:         SB1937

Sponsors:         Albertson (D10)

Title:        FACILITATE USE OF RECLAIMED WATER

Status:     Senate Agriculture/Environment

               Defines "reclaimed water" as the water that remains after waste has been removed from wastewater consistent with the terms and conditions of a permit issued to the treatment works.  Directs the Environmental Management Commission to establish a program to facilitate the use of reclaimed water.  Specifies that reclaimed water may be discharged into a stormwater management system subject to the requirements of the federal Clean Water Act.

FINANCE & TAX

Bill:         HB 2530

Sponsors:         Luebke (D30); Harrison (D57); Harrell, T. (D41); Thomas (R116)

Title:        TAX CREDIT FOR RENEWABLE ENERGY EQUIPMENT

Status:     House Energy

Comments:       Allows a tax credit to a taxpayer who donates money to a taxing entity to enable the entity to construct, purchase, or lease renewable energy property.

Bill:         HB 2531

Sponsors:         Carney (D102); Harrison (D57); Cotham (D100)

Title:        ENERGY-EFFICIENT BUILDINGS IF STATE FUNDS

Status:     House Energy

               Creates performance standards for sustainable, energy-efficient public buildings. Applies to state agencies, institutions of higher education, public schools, and any entity that receives any funding from the state capital budget for a major facility construction or renovation project.

Bill:         HB 2631

Sponsors:         Dickson (D44); Rapp (D118); Martin (D34)

Title:        DECREASE DISABLED VETERANS PROPERTY TAX

Status:     House Finance

               Repeals G.S. 105-275(21) providing a $38,000 homestead exclusion for disabled veterans.  Enacts new provision creating a new exclusion for qualifying disabled veterans and their surviving spouses of the greater of $48,000 or half the appraised value of the residence. Provides for reimbursement by the state to local governments for revenue lost as a result of the exclusion.

Bill:         HB 2658

Sponsors:         Pate (R11)

Title:        ALLOW 911 FUNDS FOR 2-WAY RADIOS

Status:     House Finance

               Allows public safety answering points (PSAPs) to expend 911 funds for the lease, purchase, or maintenance of two-way radios for use in support of the 911 system, provided that no more than 50% of the total distribution to the PSAP is used for this purpose.

Bill:         SB 1944

Sponsors:         Hartsell (R36)

Title:        ENERGY EFFICIENCY SALES TAX HOLIDAY

Status:     Senate Finance

Comments:       Adds to the items eligible for the sales tax holiday in August certain Energy Star qualified products.

GENERAL GOVERNMENT

Bill:         SB 1922

Sponsors:         Dorsett (D28)

Title:        FREE PARKING FOR HANDICAPPED/GOV'T PARKING

Status:     Senate Appropriations

               Amends G.S. 160A-301 to provide that any handicapped individual displaying a proper handicap license plate shall not be required to pay any fee to park in an on- or off-street parking space owned, leased, or operated by a unit of local government. Makes similar provisions applicable to state parking spaces.

LOCAL BILLS

Bill:         HB 2583

Sponsors:         Insko (D56)

Title:        CARRBORO INSPECTIONS

Status:     House Local Government I

               Provides that town's stormwater illicit discharge ordinance may provide that, upon presentation of proper credentials, town agents have the right to enter on any premises for the purpose of making inspections and carrying out other enforcement actions.

Bill:         HB 2668

Sponsors:         Wilkins (D55)

Title:        CHARITABLE SOLICITATIONS/DURHAM

Status:     House Transportation

               Exempt city from the provisions of G.S. 20-175(e) which places limits on the manner in which a local government may regulate the solicitation of charitable contributions in the public roadways.

Bill:         HB 2778

Sponsors:         Allred (R64); Bordsen (D63); Ray (R95)

Title:        LOCAL PARKS AND REC PARTICIPANT RECORDS

Status:     House Local Government I

               Excludes from the definition of public records certain identifying information about minors who participate in a park or recreation program sponsored by one of the units covered. Applicable to Alamance County, the City of Burlington and the Towns of Graham, Gibsonville, Haw River, Mebane, Mooresville, and Swepsonville.

Bill:         SB 1868

Sponsors:         Goodall (R35)

Title:        CHARLOTTE TRANSIT POLICE

Status:     Senate State and Local Government

               Allows company police with whom the city contracts to exercise the same powers as city and county police to arrest for both felonies and misdemeanors and to charge for infractions on city public transportation vehicles.

Bill:         SB 1890

Sponsors:         Goodall (R35)

Title:        UNION COUNTY OPERATE HI-SPEED INTERNET

Status:     Senate State and Local Government

Comments:       Adds high-speed internet, including wireless, to the list of public enterprises that the county is authorized to engage in.

Bill:         SB 1947

Sponsors:         Kinnaird (D23)

Title:        CHAPEL HILL PAYMENT-IN-LIEU REC. FACILITIES

Status:     Senate Finance

Comments:       Allows town to adopt ordinances to require that developers make payment in lieu of providing improved recreation space and facilities in new residential and nonresidential developments.

Bill:         SB 2130

Sponsors:         Apodaca (R48)

Title:        FLETCHER ANNEXATION AGREEMENT

Status:     Senate State and Local Government

               Authorizes the town to enter a binding agreement not to annex certain described property prior to December 31, 2029 and to accept the conveyance of other described property in lieu of taxes as consideration for the agreement.

Bill:          SB 2152

Sponsors:         Brock (R34)

Title:        INCORPORATE ENOCHVILLE

Status:     Senate Finance

Comments:       Subject to a referendum to be held on November 4, 2008, incorporates the Town of Enochville in Rowan County.