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Bulletin No. 5

June 13, 2008

Moratorium advances

 

By a vote of 25 to 4, the House Finance Committee on Thursday gave a favorable report to HB 2367- Involuntary Annexation Moratorium . This bill will place a moratorium on all city-initiated annexations, including pending annexations, until June 30, 2009. An amendment to shorten the period of the moratorium failed. The bill now moves to the House Judiciary II Committee.

 

Municipal officials oppose an annexation moratorium because it would unnecessarily disrupt efforts to deal with the growth that is occurring in many areas, particularly the installation of infrastructure and arrangement of financing. Municipal officials are willing to consider reasonable changes to the annexation laws that do not undermine the basic principles that have served citizens well for nearly 50 years.

 

Please contact members of the House Judiciary II Committee and ask them to oppose an annexation moratorium. Members of the committee are:

Chair, Rep. Dan Blue; Vice Chairs, Reps. Rick Glazier, Jimmy Love and Jennifer Weiss; Members, Reps. Alice Bordsen, Jim Crawford, Dale Folwell, Jim Harrell, Pat Hurley, Linda Johnson, Joe Kiser, Tim Moore, Earline Parmon, Karen Ray, and Tim Spear.

 

You can be assured that representatives are hearing from annexation opponents, so please continue your contacts and make yourself heard.

 

Push on collective bargaining

Public employee union supporters held a rally this week to lobby for HB 1583 – Restore Contract Rights to State/Local, a bill that would eliminate the statutory prohibition on collective bargaining by public employee organizations. Municipal legislative core principles oppose lifting the ban on collective bargaining.

 

Anti-gang legislation to be heard

One of the anti-gang bills, SB 1358 – Street Gang Prevention Act , was re-referred this week to the House Judiciary II Committee and is scheduled to be heard in committee on Tuesday, June 17. SB 1358, which passed the Senate earlier this session, includes measures to prevent youth involvement in gangs through prevention and intervention measures. A conference committee now is considering the other anti-gang bill, HB 274 – Street Gang Prevention Act . This legislation provides increased punishments for crimes committed by gang members, makes it a felony to be a gang leader or threaten a person for leaving a gang, and creates other felony offenses related to gang activities. Municipal officials support both of these bills for a balanced approach to this growing problem.

 

Property tax bill clears Senate

The Senate unanimously approved SB 1878 - Property Tax Modifications this week. Among the changes is a provision changing how low-income housing developments are valued for property tax purposes. The bill allows the property tax to be based upon the income generated by the property rather than its market value. The fiscal note indicates a potential loss to local governments of up to $21 million.

 

Smoking bills advance

The House Health Committee approved two bills to allow local governments to restrict smoking in and around their property. HB 2253 – Smoke-Free State and Local Bldg. Grounds would allow local governments to create 50-foot no-smoking zones around their buildings. HB 2252 – Smoke-Free Motor Fleet would allow local governments to ban smoking in their own vehicles. The bills now go to House Judiciary II.

 

Vehicle bill affects city authority

This week the Senate Finance Committee adopted a committee substitute for SB 1695 – Vehicle Size and Weight Changes . The legislation would allow longer and heavier trucks on state highways and ease restrictions on hauling wide boat trailers. The State Highway Patrol spoke in opposition, citing safety concerns. One of the provisions would eliminate the existing requirement for DOT to get concurrence of the municipality when designating truck routes on portions of the state highway system that are within municipal limits.

 

Transfer tax repeal discussed

This week the Senate Finance Committee approved a bill to repeal the authorization for counties to levy a local option land transfer tax that was enacted in the 2007 session. On the same day the N.C. Association of Realtors announced a plan to spend an additional $10 million on advocacy efforts in opposition to the tax. The bill is scheduled for debate on the Senate floor on Tuesday, June 17.

 

Some progress on stormwater

Bills have been introduced in the House and Senate that would disapprove more stringent stormwater rules in the 20 coastal counties. The League is participating in a stakeholders' working group facilitated by General Assembly staff that continues to work toward a compromise. While it is unclear whether there is enough time to pass compromise legislation this session, it appears that the group is making progress on some of the issues. It is still possible that legislation will simply delay the rules' effective date to allow more time for the interested parties to work on remaining concerns.

 

Looking to 2009-2010 – Municipal Legislative Policy Proposals

 

Please Submit Your Ideas Now

 

The NCLM's 100 th Anniversary Conference will be held on October 12-14, 2008 in Charlotte. The annual business meeting will be held on October 14, and in that meeting the membership will consider any changes to the advocacy agenda and core municipal principles for 2009-2010. The advocacy agenda sets the priority initiatives that the League will seek during the two-year legislative cycle. The core principles are the bedrock concepts for which the League and its membership stand and serve as the guidelines for determining our position on proposed legislation. In accordance with the League Bylaws, proposals from the membership must be submitted to the League at least 90 days in advance of the annual meeting.

 

Proposals should be sent to the League office as soon as possible, but no later than July 16, 2008. This is your policy process—please give this thoughtful consideration and participate so that the League speaks for you. The proposals will be forwarded to one of the League legislative action committees. Committee recommendations will be considered by the League Board of Directors at its August 12 meeting. Copies of the advocacy agenda and core principles recommended by the Board will be sent to all member municipalities at least 60 days before the annual meeting.

 

Proposals that have not been approved by the Board can be considered by the legislative action committees later, but will not be considered at the annual meeting, except upon the favorable vote of 3/4 of the member municipalities present and voting, pursuant to the League Bylaws. Following the annual meeting, we will inform the membership, legislators and other interested individuals and organizations about the approved advocacy agenda and core principles.

 



S. Ellis Hankins, Executive Director

Andrew L. Romanet, Jr., General Counsel

NC General Assembly Information

Main Number (Any Legislator) (919) 733-4111
Printed Bills Office
(919) 733-5648
Bill Status Desk
(919) 733-7779
Legislative Building fax
(919) 733-2599
Legislative Office Building fax (919) 733-3111

www.ncga.state.nc.us
(NC General Assembly Website)
www.nclm.org
(NC League of Municipalities Website)

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