Bill would preempt local authority over cell tower siting

Open meetings notification changes
More eminent domain bills
Developments on infrastructure issue
Committees discuss anti-annexation local bill
Hundreds of bills introduced this week

Sen. David Hoyle has introduced SB 831 - Wireless Telecommunications Facilities, a bill to preempt the authority of municipalities and counties in determining where cell towers should be located. Federal Communications Commission regulations would govern placement of these towers.

Under this bill, a city or town could not prohibit cell towers in residential areas or residential zoning districts and could not impose separation requirements between towers. No permit application fee or financial surety requirement could be imposed unless also required for other types of commercial development. The bill would limit the duration of any moratorium on placing additional cell towers in a jurisdiction. 

The League opposes this legislation. Land use decisions are best made at the local level, based on the welfare of the community. Please send us details on how this bill would affect your municipality. For example, we have already heard from one town that imposed a moratorium because cell towers were interfering with emergency communications.  

Open meetings notification changes

This week the House Local Government I Committee discussed changing some of the rules for giving notice of special and emergency meetings. HB 311 - Notice of Special/Emergency Meetings (Rep. Cleveland) would require eight days of advance notice of special meetings (instead of 48 hours) if the only newspaper that has requested notification is a weekly paper. The bill also would require that notice of emergency and special meetings be posted on a municipality's website before the meeting takes place.

The League-speaking on behalf of municipalities, counties, and school boards-raised questions about the eight-day notice provision, which would be unworkable. There are many issues that do not rise to the level of an emergency but that cannot wait eight days to be addressed. The existing special meeting provision allows them to be handled in a timely manner while still providing notice to the public and the media. We also pointed out that some towns contract with an outside party for their website maintenance and updates are done according to a set schedule such as every week or every month. This would make it virtually impossible for them to post emergency and special meeting notices on the website in the manner required by the bill.  After discussion, the committee sent the bill to a subcommittee.

More eminent domain bills

Several proposals on the power of eminent domain surfaced this week. HB 878 - Eminent Domain, sponsored by Reps. Dan Blue, Paul Stam, Jim Harrell, and David Lewis, proposes a constitutional amendment to specify that for purposes of eminent domain, "public use" does not include the taking of property for the purpose of thereafter conveying an interest in the property to a third party for economic development.  This does not apply to the property that is blighted as defined by general law. SB 704 - Eminent Domain Attorneys' Fees/Costs , sponsored by Sen. Eddie Goodall, would specify that if the final judgment is greater than the amount deposited by a condemnor, the property owner is entitled to attorneys' fees and court costs.  SB 766 - Eminent Domain, introduced by Sen. Phil Berger, modifies the provisions defining the measure of compensation when the property is owned by a nonprofit entity. The fair market value of such property is deemed to be no less than the reasonable cost of functional replacement if certain conditions are met. Functional replacement includes the cost of a functionally equivalent site, the cost of relocating and rehabilitating improvements taken (or if that is impracticable, the cost of providing improvements of substantially comparable character and the same or equal utility), and the cost of betterments and enlargements required by law or current construction standards.

Developments on infrastructure issue

A subcommittee of the State and Local Fiscal Modernization Commission has recommended that local governments be given authority for a local option land transfer tax to fund local infrastructure needs. This subcommittee report is a welcome addition to the discussion and we look forward to the report of the full commission. This week also brought three more local bills to authorize land transfer taxes, HB 711 (Chatham County), HB 712 (Moore County) and HB 742 (Hoke County), and another bill to authorize a local option sales tax, HB 657 (Lee County).

N.C. Treasurer Richard Moore, in an appearance at a joint Finance Committee meeting this week, discussed his office's debt affordability study, which indicates that the state has additional debt capacity of $384 million per year over the next ten years. Various proposals this session call for bonds to fund water and sewer, school construction, higher education facilities, prisons, affordable housing, and other capital needs.

The League's top priority is to seek additional funding for infrastructure needs, including both short-term funding in the form of bonds and a long-term permanent, dedicated source of revenue.

Committees discuss anti-annexation local bill

Both House and Senate discussed local annexation bills that would prohibit municipalities outside of Polk County from annexing into that county. On the Senate side, SB 255 - Polk Annexations (Sen. Apodaca) was reported out of the State and Local Government Committee but later re-referred to that committee. In House Local Government I, no committee vote was taken on HB 315 - Polk Annexations (Rep. Walend).  One additional local anti-annexation bill was introduced this week. HB 741 - Hoke County Moratorium (Reps. Yongue and Pierce) prohibits any municipality located outside of Hoke County from annexing or exercising ETJ as to any territory within that county. It is a companion to SB 572 (Sen. Weinstein).

We are hopeful that these local situations can be resolved without legislation. Local bills to restrict annexation authority in one location can have a domino effect, ultimately undermining the authority statewide. For that reason the League must oppose them.

Hundreds of bills introduced this week

The League staff is still analyzing the hundreds of bills introduced this week. Watch for additional information in upcoming issues of the Bulletin.

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.

FINANCE & TAXATION
Bill: HB 620
Sponsors: Williams (D6); Allen, L. (D49); Harrison (D57); Wiley (R61)
Title: INCOME TAX CREDIT FOR WILDLIFE LAND.-AB
Status: 03/14/2007 - House Committee On Finance
Allows income tax credit to a taxpayer who owns land managed or maintained primarily to provide and protect wildlife habitats. Taxpayer may not claim the credit if the land is appraised for property tax purposes as agricultural land, horticultural land, or forestland. If the taxpayer qualifies for the income tax credit, he or she is allowed an additional credit against the income tax equal to the actual costs of establishing and maintaining wildlife habitats on the land.

Bill:  HB 685
Sponsors: Faison (D50)
Title: DAYCARE CENTER PROPERTY TAX EXCLUSION
Status: 03/15/2007 - House Committee On Judiciary III

Exempts real and personal property used as a day care center from property taxes effective for taxable years beginning on July 1, 2001 through June 30, 2011. The centers must be owned and operated by a church association and located in a county with 15 or less licensed facilities and an average of more than 200 children in subsidized day care.

Bill: HB 717
Sponsors: Walker (R94); Carney (D102); Frye (R84); Allen, L. (D49)
Title: ECONOMIC DEVELOPMENT FUNDS - COG
Status: 03/15/2007 - House Committee On Appropriations
Appropriates funds to the COGs to assist local governments in economic development, community development, infrastructure, and other needs and to provide targeted assistance to local governments in distressed counties with economic recovery.

Bill: HB 740
Sponsors: Dickson (D44); Allen, L. (D49)
Title: WATER RESOURCES GRANT FUNDS.-AB

Status: 03/15/2007 - House Committee On Environment and Natural Resources
Appropriate funds to DENR for the COGs to develop and implement a water resource management program.

GENERAL GOVERNMENT
Bill: HB 671
Sponsors: Martin (D34); Killian (R105)
Title: REPLACING OFFICIALS CALLED TO ACTIVE DUTY
Status: 03/15/2007 - House Committee On Homeland Security, Military, and Veterans Affairs
Modifies G.S. 128-41 regarding leaves of absence for municipal officers to make technical changes and make its provisions applicable only to absences for protracted illness and other reasons satisfactory to the governing body. Enacts new G.S. 128-432 regarding leaves of absence for military or naval service. The new statute specifies how and when a leave of absence may be obtained, how a temporary replacement for the official may be appointed, and when the temporary appointment is terminated. Provides that no vacancy is created by obtaining a leave of absence.

Bill: HB 734
Sponsors: Daughtry (R26)
Title: URBAN AREA REVITALIZATION MADE UNIFORM
Status: 03/15/2007 - House Committee On Judiciary III
Amends authorization for urban area revitalization projects in municipal service districts [G.S. 160A-536(c)] to remove the existing municipal population threshold of 150,000.

Bill: HB 824 - IMPROVE GENDER EQUITY REPORTING STATUTE
Sponsors: Insko (D56)
Status: 03/15/2007 - House Committee On Judiciary I
Amends G.S. 143-157.1 (reporting the gender of appointees to statutorily-created boards).  Specifies the appointments for which cities and counties must report: ABC Board, Adult Care Home Community Advisory Committee, Airport Authority, Child Fatality Prevention Team, Civil Service Board, Community Relations Committee, Council of Government, Criminal Justice Partnership Task Force, Emergency Planning Committee, Board of Equalization and Review, Health Board, Hospital Board, Housing Board, Human Relations Commission, Industrial Facilities & Pollution Control Authority, Industrial Revenue Bond, Juvenile Crime Prevention Council, Library Board of Trustees, Local Community College Board, Local Economic Development Committee, Mental Health Board, Nursing Home Board, Partnership for Children, Planning Board, Recreation Board, Social Services Board, Public Transportation Authority, Travel & Tourism Committee, Water or Sewer Authority, Workforce Development Board, Planning and Zoning Board, Board of Adjustment, Historic Preservation Commission, Redevelopment Commission, City Board of Education (if there is a city administrative unit), Metropolitan Planning Organization, and Rural Planning Organization.

LOCAL BILLS

Bill: HB 434
Sponsors:Dockham (R80)
Title:DENTON'S 100 TH ANNIVERSARY
Status: Res. 2007-15
Honors the founders of the Town of Denton on the town's 100th anniversary.
Status: Res. 2007-15

Bill: HB 568
Sponsors: Stam (R37); Ross (D38); Coleman (D39); Avila (R40)
Title: GARNER, HOLLY SPRINGS, ROLESVILLE, MV TAX
Status: 03/12/2007 - House Committee On Local Government I
Permits the towns to levy a motor vehicle tax of up to $15.

Bill:  HB 621
Sponsors: Frye (R84); Tarleton (D93)
Title: BEECH MOUNTAIN DEANNEXATION
Status: 03/14/2007 - House Committee On Local Government I
Removes described property from the town.

Bill: HB 678

Sponsors: Cole (D65)
Title: WENTWORTH TAX CAP
Status: 03/15/2007 - House Committee On Local Government II
Amends the charter of the town to provide that except with an approving vote of the people, it may not levy property taxes at a rate higher than 35¢ on $100 appraised value of property subject to taxation.

Bill: HB 686
Sponsors: Clary (R110)
Title: DALLAS PYROTECHNICS
Status: 03/15/2007 - House Committee On Local Government II
Allows the town to authorize and issue permits for the use of pyrotechnics within the corporate limits.

Bill: HB 758
Sponsors: Fisher (D114)
Title: ASHEVILLE/WOODFIN BOUNDARY ANNEXATION
Status: 03/15/2007 - House Committee On Rules, Calendar, and Operations of the House
Adds to the City of Asheville certain property surrounded by the corporate limits of Asheville and Woodfin.

PLANNING AND ZONING

Bill:  HB 700
Sponsors: Glazier (D45)
Title: STANDARDS FOR CODE-ENFORCEMENT OFFICIALS.-AB
Status: 03/15/2007 - House Committee On Judiciary II
Requires Code Officials Qualifications Board to issue one or more standard certificates to each code enforcement official demonstrating the qualifications. Standard certificates are to be available for each of the following types of qualified code enforcement officials: building inspector; electrical inspector; mechanical inspector; plumbing inspector; fire inspector. The holder of the certificate may practice code enforcement only within the inspection area and level described upon the certificate. An official may qualify and hold one or more certificates.

Bill: HB 728

Sponsors: Goforth (D115)
Title: STREAMLINE BUILDING CODE ADOPTION.-AB

Status: 03/15/2007 - House Committee On Ways and Means
Reduces the size of the Building Code Council from 17 to 10 members and provides that this Building Code Council prepares the code for nonresidential and multifamily residential buildings. Creates new 7-member Residential Building Code Council and directs it to prepare and adopt a State Residential Building Code applicable to one-family and two-family residential buildings. Directs the Council to adopt requirements of the International Building Code and provides that the code is uniform and mandatory for local codes, with specified exceptions for local fire prevention codes and floodplain management regulations.

Bill: SB 670
Sponsors: Cowell (D16)
Title: ENERGY DEVICES THAT USE RENEWABLE RESOURCES
Status: 03/13/2007 - Senate Committee On Commerce, Small Business and Entrepreneurship
Preempts cities and counties from adopting ordinances that prohibit, or have the effect of prohibiting, the installation of a solar collector, clothesline, or any other energy device based on the use of renewable resources. Provides that in any civil action arising under the provision, the court may award costs and reasonable attorneys' fees to the prevailing party. Does not apply to an ordinance regarding patio railings in a condominium, cooperative, or apartment.

Bill:  SB 695
Sponsors: Clodfelter (D37)
Title: ADOPT INTERNATIONAL BUILDING CODE.-AB
Status: 03/13/2007 - Senate Committee On Commerce, Small Business and Entrepreneurship
Adopts the International Building Code as the State Building Code.

PUBLIC SAFETY

Bill: HB 606
Sponsors: Crawford (D32); Folwell (R74)
Title: MOTORCYCLES AT RED LIGHTS
Status: 03/14/2007 - House Committee On Judiciary I
Allows motorcycles to proceed through a red light at an intersection if the traffic signal uses an inductive loop vehicle sensor and the sensor fails to detect the motorcycle and activate the signal.

Bill: HB 830
Sponsors:      Hilton (R96)
Title: CONCEALED HANDGUN PERMIT VALID IN PARKS
Status: 03/15/2007 - House Committee On Judiciary I
Preempts local governments from prohibiting concealed handgun permittees from carrying handguns in parks.

Bill: SB 785
Sponsors: Kerr (D5)
Title: ATV USE FOR EMERGENCIES.-AB
Status:03/15/2007 - Senate Committee On Judiciary II
Repeals existing local acts authorizing law enforcement officers and other municipal employees to operate all-terrain vehicles on public highways under certain conditions. Enacts new general law providing that law enforcement officers and municipal employees (term includes county employees) may use these vehicles when owned or leased by the applicable governmental agency on public highways where the speed limit is 35 mph or less and on nonfully controlled access highways with higher speeds in order to travel from a speed zone to an adjacent zone with a 35 mph or less limit. Authorizes similar use by fire, rescue, and emergency medical services personnel. Specifies that all other state laws governing operation of all-terrain vehicles apply to the operation of vehicles authorized under the statute.

Bill: SB 725
Sponsors: Clodfelter (D37)
Title: EYEWITNESS ID REFORM ACT
Status: 03/14/2007 - Senate Committee On Judiciary I
Requires that live and photo lineups conducted by state and local law enforcement officers meet specified requirements.

RETIREMENT
Bill: HB 689
Sponsors: Grady (R15); Parmon (D72)
Title: LOCAL RETIREMENT SYSTEM/FORGIVE OVERPAYMENTS
Status: 03/15/2007 - House Committee On Pensions and Retirement
Provides that LGERS shall forgive and waive repayment of all overpayments made to spouses or family members of former retirees of the Law Enforcement Officers' Benefit and Retirement Fund who were transferred to LGERS in January 1986, with an election intended to pay the maximum benefit to the member only, and were paid in error from LGERS.

Bill: HB 778
Sponsors: Bell (D21); Harrell, J. (D90)
Title: ENHANCE RETIREMENT BENEFITS.-AB
Status: 03/15/2007 - House Committee On Pensions and Retirement
Provides for a 2.5% cost-of-living increase for LGERS members and members of the state retirement systems who retired before July 1, 2007.

Bill: HB 779
Sponsors: Bell (D21); Harrell, J. (D90)
Title: INCREASE CONTRIBUTORY DEATH BENEFIT.-AB
Status: 03/15/2007 - House Committee On Pensions and Retirement
Raises the lump-sum contributory death benefit payable to survivors of LGERS and state retirement systems members who die on or after July 1, 2007, from $9,000 to $10,000 .

Bill: SB 720
Sponsors: Atwater (D18)
Title: OPEN ENROLLMENT/CONTRIBUTORY DEATH BENEFIT
Status: 03/14/2007 - Senate Committee On Commerce, Small Business and Entrepreneurship
Provides open enrollment period for contributory death benefit for retired members of LGERS and the state retirement systems.  Open enrollment begins October 1, 2007, and ends January 31, 2008.