Governor Easley calls for low-income tax cut and college aid plan Bills addressing municipal advocacy priorities Bills related to core principles Governor Mike Easley delivered his fourth "State of the State" address to the General Assembly Monday evening and delivered his 2007-08 budget proposal to lawmakers on Thursday. He called for eliminating the state income tax for nearly 550,000 low-income taxpayers and cutting in half the income stax for more than 600,000 additional taxpayers. The Governor's budget would keep in place the tax increases due to expire at the end of this fiscal year — the one-quarter cent state sales tax and the state income tax surcharge on high-income taxpayers. No additional transportation programs or significant new funding for transportation was proposed in the budget. For next two fiscal years, Easley proposed that the amount of Highway Trust Fund money transferred to the General Fund go back up to $170 million. He said that transfer is intended to replace vehicle sales tax revenue that previously went to the General Fund. The amount of money transferred had been reduced for FY 2006-07. He proposed more than $1 billion in state bonds for water and sewer infrastructure, additional prisons, and state building projects. The proposal calls for expansion of the Learn and Earn high schools where high school students take college courses at high school and earn two years of college credit or an associate's degree with one year of post-high school study. His EARN scholarship initiative would provide financial assistance to students from low- and moderate-income families. The new financial aid program would combine a two-year state grant with current federal assistance that would replace the need for loans if students work 10 hours a week to help pay for the cost of their education. The budget includes $150 million for the next two years for this program. Students completing the Learn and Earn program with two years of college credit then could finish their four-year degree at a state university debt-free. Under the Governor's proposal, teachers and community college faculty would receive, on average, five percent raises, and state employees 2.5 percent. Other items in the Governor's proposed budget of particular interest to municipalities include the following:
Bills addressing municipal advocacy priorities Gang prevention SB 208-Clean Water Act of 2007 has been introduced in the Senate by Sen. Walter Dalton. It authorizes a referendum to approve $500 million in general obli-gation bonds for water and wastewater purposes. Fifty percent of bond proceeds would be administered by the Rural Economic Development Center. The N.C. Depart-ment of Environment and Natural Resources would disburse 25 percent of the proceeds for wastewater projects in the same manner as the Clean Water State Revolving Fund and 25 percent for water projects in the same manner as funds in the Drinking Water State Revolving Fund. The League's advocacy agenda has as its highest priority legislation to provide additional funds for infrastructure needs, including both short-term funding in the form of bonds, and a long-term, permanent source of revenue. Bills related to core principles Streamlined sales tax ETJ voting More anti-annexation bills Open meetings notice 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: SB 215 - LITTER REDUCTION ACT OF 2007 Provides that every beverage container offered for sale in N.C. containing between 50 milliliters and four liters is to have a refund value of ten cents and that purchasers of these containers must pay a deposit equal to the refund value. Additionally requires that every beverage container offered for sale in NC be made of recycled or recyclable materials. GENERAL GOVERNMENT Bill: HB 308 - STATE CONTRACTS/ILLEGAL IMMIGRANTS Bill: HB 309 - VERIFY GOVERNMENT EMPLOYEE LEGAL STATUS LOCAL BILLS Revises existing prohibition on ETJ for towns under 1,000 in Pamlico County to allow the Town of Oriental to exercise ETJ up to one mile from the corporate limits in a described area. Bill: HB 181 - ADD GASOLINE POWERED GOLF CARTS Bill: HB 189 - ROANOKE RAPIDS PYROTECHNICS Bill: HB 303 - NEW BERN HISTORIC PRESERVATION Status: 02/22/2007 - House Committee On Local Government II Allows the City of New Bern to require a permit prior to demolition of a contributing structure within a locally designated historic district. Bill: SB 143 - NAVASSA ZONING JURISDICTION Status: 02/21/2007 - Filed in the Senate Divests planning jurisdiction over certain property from the Town of Navassa and vests it in the County of Brunswick. Bill: SB 223 - CHARLOTTE-MECKLENBURG POLICE JURISDICTION Sponsors: Goodall (R35) PLANNING and ZONING Bill: SB 212 - LAND-USE PERMIT APPEALS Sponsors: Kinnaird (D23) Status: 02/20/2007 - Filed in the Senate Sets out procedures for land-use permit appeals from quasi-judicial decisions, in the nature of petitions for certiorari to the superior court. Sets out criteria for deter-mining standing to appeal and provides for a petition to be filed in the county in which the matter arose. Provides for the court to decide issues based on the record unless the record is insufficient to allow appropriate determination of issues relating to (1) standing; (2) bias or conflict of interest; or (3) constitutional violations or statutory authority. In addition the court may review de novo an issue of whether the decision-making body erred in interpreting an ordinance. Establishes guidelines for a court's determination of appropriate relief to be granted if a decision is not affirmed in whole or in part, and specifies that the court may grant injunctive relief. Specifies that when a subdivision ordinance provides for a city council, board of commissioners, or designated planning agency to make quasi-judicial decisions regarding approval of subdivision plats, the decision is subject to review by the superior court by proceedings in the nature of certiorari pursuant to the described procedures. When the ordinance provides for only administrative or ministerial determinations as to plats, an aggrieved party may seek review by filing an action in superior court for appropriate declaratory or equitable relief. Bill: SB 294 - SPORT SHOOTING RANGE PROTECTION Sponsors: Brock (R34) Status: 02/22/2007 - Filed in the Senate Provides that a sport shooting range that relocates due to certain circumstances is still considered to be continuously in existence since beginning operation and not to have undergone a substantial change in use. PUBLIC SAFETY Bill: SB 290 - AMEND SPEEDING TO ELUDE ARREST STATUTE Sponsors: Boseman (D9) Status: 02/22/2007 - Filed in the Senate Requires seizure of any vehicle used to feloniously flee or feloniously attempt to elude a law enforcement officer in the performance of the officer's official duties. RETIREMENT Bill: HB 328 - FLEXIBLE PAYMENT/LAW ENFORCEMENT SEPARATION Sponsors: Crawford (D32) Status: 02/22/2007 - House Committee On Pensions and Retirement Allows annual separation allowances for law enforcement officers to be paid beginning in the month the officer retires instead of on the last day of the month the officer retires. Directs allowances to be paid in equal installments on the employer's payroll frequency instead of in 12 equal installments on the last day of each month.
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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)
