Police officer bill of rights approved by committee; headed to House floor

• Bill now applies only to cities and towns, dictating the disciplinary procedures for police officers

The House Judiciary I Committee on Thursday gave a favorable report to HB 980 - Law Enforcement Office Discipline , the “police office bill of rights.” The League opposes this bill because it usurps municipal authority to make basic employment decisions consistent with state and federal law.

HB 980 was amended in committee so that it now applies ONLY to municipal police officers, not to state law enforcement personnel or sheriffs' deputies. This was done so that the bill would have enough support to get the votes necessary to get a favorable report. Representatives of the state administration were present at the committee meeting, but left as soon as state officers were removed from the bill and did not speak in opposition to the bill. We expect the bill on the House floor early next week.

HB 980 would standardize the investigation and discipline of municipal police officers. No municipal police office could be discharged, suspended or demoted for disciplinary reasons except for just cause. Each employing municipality would have to establish procedures to be used prior to disciplinary actions that include the right to a hearing before a fair and impartial board or hearing officer, the right to be represented at the officer's expense, the right to examine any witnesses testifying against the officer, the right to call witnesses and present evidence, and the right to have all meetings recorded.

This bill is one of several this session that attempt to give union-type rights to law enforcement personnel. Please call your representative(s) immediately and voice your opposition to this unwarranted intrusion into municipal personnel matters. The vote in committee was close, seven to six, so we believe that your calls will make a difference.

Cell tower preemption bill in committee

SB 831 – Wireless Telecommunications Facilities (Sen. David Hoyle), a bill to preempt the authority of municipalities and counties in determining where cell towers should be located, is scheduled to be heard in Senate Commerce on Tuesday, May 1.

Under this bill, a city or county 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 the legislation as introduced. Our discussions with industry representatives indicate that a different version will be offered as a committee substitute, but we have not seen it yet. Please contact the committee members with your concerns.

Senate Commerce Committee membership

Chair: Sen. Soles, Jr. ; Vice Chairs: Sens. Hoyle , Rand

Members: Sens. Apodaca , D. Berger, P. Berger, Blake, Boseman, Dalton, Dorsett, Foriest, Forrester, Garrou, Goodall, Goss, Graham, Hagan, Hunt, Jacumin, Kerr, Malone, McKissick, Nesbitt, Pittenger, Purcell, Shaw, Stevens

Municipal telecom service

Last week we mentioned the introduction of the misnamed HB 1587 – Local Government Fair Competition Act (Reps. Drew Saunders, Hugh Holliman, Harold Brubaker and Julia Howard). This bill attempts to place significant new restrictions and requirements on cities seeking to provide communications services, including cable, telephone, electronic voice, data, audio or video transmission and Internet access service.

Among the restrictions is a requirement that the city hold a special election to seek voter approval for the proposed service. A city could not subsidize the cost of the service from a noncommunications service or other revenue source and would be required to remit to the general fund amounts equivalent to what a private provider would pay in taxes. A city would have to meet specific operating, regulatory, and financing restrictions and pay liability insurance equal to or greater that the state average market rate for private liability insurance for communications providers. The bill also contains provisions that would make the installment financing of facilities impossible and would undermine the use of general obligation bonds. The bill specifies how rates for the service must be calculated and subjects municipalities to regulation as a public utility in connection with communication service activities. Such a provision would constitute a reversal of long-standing North Carolina principles that municipalities engaged in public service enterprise activities are not regulated as public utilities.

The League's core principles recognize that municipalities need the autonomy to make appropriate management, financial and operational decisions with regard to municipal enterprise services. We oppose this bill as an intrusion into authority that has been upheld by the courts.

Nonresidential buildings proposal to be heard

SB 556 – Nonresidential Building Code (Sen. John Kerr) is also scheduled in the Senate Commerce Committee on Tuesday, May 1. This bill would permit cities to adopt and enforce ordinances relating to nonresidential buildings within city limits and the ETJ that fail to meet minimum standards of maintenance, sanitation, and safety established by the governing body. Procedures for investigation; notice; hearing; orders to repair, vacate or demolish; liens; and service of complaints and orders are similar to existing authority to enforce minimum housing codes.

One of the League's priority items on the advocacy agenda is to seek additional municipal authority to regulate unsafe and dilapidated buildings. We urge you to contact the committee members in support. (See Senate Commerce list above.)

State tip fee, other solid waste provisions on tap for discussion

SB 1492 – Solid Waste Management Act of 2007 (Sen. Dan Clodfelter) is scheduled in Senate Agriculture and Environment for Tuesday, May 1. As introduced, it proposes a number of changes to the regulation of solid waste disposal that may impact municipal budgets and services. The legislation would impose a $2 per ton state tax on municipal solid waste disposed in any landfill in the state or sent through a transfer station for disposal outside the state. It would implement substantial new permit fees for municipal solid waste landfills, construction and demolition landfills, transfer stations and composting facilities. The bill also specifies a leachate collection standard and requires double liners in municipal solid waste landfills and a liner system in construction and demolition landfills.

A committee substitute will be offered, and advance copies indicate that the state tipping tax would increase to $2.50 per ton and additional restrictions would be placed on the height, acreage, and capacity of landfills. Based on early estimates regarding the impact of the bill as introduced, this proposal could have serious financial implications for local governments and solid waste customers. Please contact the committee members with your concerns and, if you have not done so already, forward your comments to Anita Watkins or Kim Hibbard at the League office, awatkins@nclm.org or khibbard@nclm.org or fax to 919-733-9519.

Keep focused on infrastructure funding

The League is talking with a number of other organizations about a combined effort to seek long-term solutions to our infrastructure financing needs. These conversations are going well, and we hope to have an announcement soon.

Meanwhile, individual groups seek solutions for specific needs. This week, the Land for Tomorrow coalition discussed a new report that found the state has lost about 325 acres a day to development over the past 20 years. The coalition is advocating a $1 billion bond issue for land conservation.

The N.C. Association of County Commissioners continues to push for a local option land transfer tax with proceeds to be shared with municipalities and to be used for capital purposes. Education groups are lobbying for a bond issue for public schools.

Please continue to talk with legislators about your community's infrastructure needs. All of these discussions illustrate the range of infrastructure needs and the need for a permanent, dedicated revenue source to finance these projects, as well as short-term solutions such as bonds.

Infrastructure will be the subject of OPEN/net program

The OPEN/net program on Tuesday, May 1 will focus on North Carolina 's infrastructure needs and League Executive Director Ellis Hankins will be one of four panelists for a portion of this show. Other panelists include Sen. Dan Clodfelter of Charlotte , Rep. Bill Daughtridge of Rocky Mount , and Billy Ray Hall of the N.C. Rural Economic Development Center .

There will be a call-in portion of the program and this would be a good opportunity to highlight your city or town's needs, what you have done locally to try to meet these needs, and your need for additional revenues.

OPEN/net airs from 8 to 10 p.m. on many local cable stations across the state. To determine which cable station serves you, use the Internet address below. This will take you to a listing of cable channels that carry the OPEN/net program: http://www.ncapt.tv/local.htm

Watch your email; issues will pop up quickly

With more than 3,400 bills introduced and only three weeks until the crossover deadline, bills are going to be flying through the committees. Please watch for NCLM emails – a bill may need your attention, and the time for action may only be a few hours or a single day. A well-timed contact can make a big difference.

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 1824 - PROMOTE LOW IMPACT DEVELOPMENT

Sponsors:   Wainwright (D12); Justice (R16); Underhill (D3); Harrison (D57)

Status:   04/19/2007 – House Committee On Commerce, Small Business and Entrepreneurship

Requires use of low impact development practices to the maximum extent practicable to meet or exceed stormwater requirements in CAMA counties. Requires DOT to adopt low impact development standards for subdivision roads and private roads that connect to the stormwater management conveyance system operated by DOT and subdivision roads that are constructed with the intent to transfer ownership and maintenance to DOT. Requires DENR to revise its water quality best management practices manual and model ordinance for stormwater controls to incorporate low impact development practices.

Bill:   HB 1868 - EROSION/SEDIMENTATION CONTROL FEE/POSITIONS

Sponsors:   Harrison (D57)

Status:   04/24/2007 – House Committee On Environment and Natural Resources

Sets the state's fee for reviewing erosion and sedimentation control plans at $65 per acre of disturbed land shown on the plan or of land actually disturbed during the project (currently up to $50 per acre).

Finance and Taxation

Bill:   HB 1594 - UP ZONES - TECHNICAL CORRECTIONS

Sponsors:   Owens (D1); Wainwright (D12); Gibson (D69); Daughtridge (R25)

Status:   04/19/2007 – House Committee On Commerce, Small Business and Entrepreneurship

Corrects provisions regarding eligibility to be included in an urban progress zone.

Bill:   HB 1755

Sponsors:   Brubaker (R78); Howard (R79); Saunders (D99); Holliman (D81)

Title:   COORDINATE STATEWIDE ENHANCED 911 SYSTEM

Status:   04/19/2007 – House Committee On Public Utilities

Repeals G.S. Chapter 62, Article 1 [wire line 911 funds] and rewrites the Wireless Telephone Service provisions to consolidate the state's Enhanced 911 system under a single board that will establish a uniform service charge to be collected by all voice communication service providers. Renames the Wireless 911 Board to the 911 Emergency Locating Board and expands its membership from 13 to 17. Retains provision providing for one member of the Board, named by the Governor, to be recommended by the League of Municipalities. Authorizes the Board to levy a monthly Enhanced 911 charge on each voice communications service connection. Provides that the charge shall be at seventy cents per month per each voice communications service provider connection beginning October 1, 2007. The Board may adjust the service charge, but it may not exceed seventy cents as stated. Provides that the funds are local revenues the may not be reduced or withheld by the Governor. Sets forth detailed provisions as to the distribution of funds to public safety answering points and the uses that may be made of the funds.

Bill:   HB 1761 - JDIG AMENDMENTS

Sponsors:   Brubaker (R78); Crawford (D32); Dickson (D44); Glazier (D45)

Status:   04/19/2007 – House Committee On Commerce, Small Business and Entrepreneurship

Allows the use of Job Development Investment Grants for the retention of existing multinational heavy industry business in the state.

Bill:   HB 1799 - JDIG - TRANSPORTATION INFRASTRUCTURE FUND

Sponsors:   Luebke (D30); Weiss (D35); Jones, Earl (D60)

Status:   04/19/2007 – House Committee On Commerce, Small Business and Entrepreneurship

Directs a portion of the funds available under the Job Development Investment Grant program towards transportation infrastructure development.

Bill:   HB 1854 - VEHICLE PROPERTY TAX CHANGES

Sponsors:   Allred (R64)

Status:   04/23/2007 – House Committee On Judiciary II

Repeals 2005 session law that creates a combined system for taxation and registration of motor vehicles that was to take effect in 2010. Provides for the taxation of motor vehicles on the same schedule as other property. Provides that the DMV, rather than county tax assessors, shall list all motor vehicles, both registered and unregistered, titled in state. Requires DMV to separate the list by county and to send the list to the county and provide updates. Requires the vehicle value be determined as of January 1 and provides that owners shall have 90 days (was 30) after the date of the tax notice to appeal an appraised value. Repeals provision that prevented taxes on registered motor vehicles from becoming a lien on real property.

Bill:   SB 1051

Sponsors:   Goss (D45)

Title:   EQUITABLE RESIDENTIAL PROPERTY TAX RELIEF

Scheduled:   05/02/2007—Senate Committee On Finance, 1:00 p.m., 544 LOB.

Increases the income eligibility limit for a qualifying property owner for the property tax homestead exclusion to $25,000 until July 1, 2008, with annual indexing continuing thereafter. Deletes the current provisions for total and partial exclusions of certain retirement facilities from property taxation and replaces them with a provision partially excluding from property taxation a retirement facility that provides housing to qualifying residents.

Bill:   SB 1203

Sponsors:   Nesbitt (D49)

Title:   PRESENT-USE VALUE CHANGES

Scheduled:   05/02/2007—Senate Committee On Finance

Lowers acreage required to qualify for present use value for agricultural lands from 10 to 5. Adds new provisions designating wildlife conservation land as a special class of property under the state constitution and requiring it to be appraised at its present-use value.

Bill:   SB 1309

Sponsors:   Clodfelter (D37)

Title:   PROPERTY TAX REFORM ACT OF 2007

Scheduled:   05/02/2007—Senate Committee On Finance

Eliminates octennial revaluations of real property and substitutes a requirement that reappraisals shall take place whenever the ratio of appraised value to true value of real property in a county does not exceed 90%. Eliminates fourth year horizontal adjustments. Repeals statute which grants a property tax exemption for property financed by NC Medical Care Commission bonds or notes. Provides that a cable company is a public service company for purposes of appraisal of its system property and provides for allocation of the valuation among local governments. Enacts new special residential appraisal criteria to require taxation based on use value rather than true value for certain residential property that is in a subdivision that was rezoned more than five years ago from single family residential use to another use and is predominantly characterized by single family residences. Directs Mecklenburg County to implement a plan for payment of property taxes in periodic installments. Requires that property tax receipts separately state the tax rate for public school purposes and the total rate for all other purposes.

Bill:   SB 1442

Sponsors:   Snow (D50)

Title:   CIRCUIT BREAKER PROPERTY TAX BENEFIT

Scheduled:   05/02/2007—Senate Committee On Finance

Enacts provisions which reduce property taxes on certain owner-occupied homes . Applies to a permanent residence occupied by an owner who is a NC resident, has occupied the premises for at least five years, and has income below the eligibility limit. The eligibility limit is determined in accordance with existing provisions applicable to the property tax homestead exemption. The tax is reduced by a percentage which depends on the owner's income. Provides that a qualifying taxpayer may choose either the existing homestead exclusion or the new provisions. The difference between the reduced tax and the tax that would have been owed is a lien on the property and must be carried forward as deferred taxes. The deferred tax for the past three years along with penalties and interest must be paid within nine months of the death of the owner or transfer of the property. The assessor must notify the taxpayer annually of the accumulated sum of deferred taxes and interest.

General Government

Bill:   HB 189 - PYROTECHNICS PERMITS BY CITIES

Sponsors:   Allen, L. (D49); Wray (D27); Bryant (D7)

Scheduled:   04/30/2007—Senate Calendar

Provides that a board of county commissioners may authorize the governing body of a city to authorize the use of pyrotechnics within the corporate limits.

Bill:   HB 1679 - JOINT MUNICIPAL ASSISTANCE AGENCY CONTRACTS

Sponsors:   Jones, Earl (D60)

Status:   04/19/2007 – House Committee On Judiciary II

Authorizes joint municipal assistance agencies to make and execute contracts for periods greater than three years.

Bill:   HB 1718 - CITIES ENACT FAIR HOUSING ORDINANCES

Sponsors:   Adams (D58); Jones, Earl (D60); Wiley (R61)

Status:   04/19/2007 – House Committee On Judiciary III

Applicable to any municipalities with a permanent population of 90,000 and that are the location of a recurring special accommodation event (a trade show or other event of less than 11 days duration that has been held in the municipality once a year for at least 10 years) requiring temporary accommodations of at least 50,000. Authorizes the adoption of ordinances prohibiting discrimination on the basis of race, color, sex, religion, handicap, familial status, or national origin in real estate transactions.

Bill:   HB 1716

Sponsors:   Glazier (D45); Love (D51)

Title:   STATE TO RETAIN CUSTODY/FORFEITED PROPERTY

Scheduled:   05/01/2007—House Committee On Judiciary II

Provides that when a law enforcement agency seizes property, including drug raids or other law enforcement activities to enforce the state's controlled substances laws, the agency must retain custody of the property on behalf of the state and may not request the federal Drug Enforcement Administration or any other federal agency to adopt the seizure, without specific authorization of either the senior resident superior court judge or the chief district court judge. The purpose of the provision is to ensure that public schools receive the proceeds.

Bill:   HB 1764 - PRIVACY OF ONLINE CRASH REPORT INFORMATION

Sponsors:   Warren, R. (D88); Harrell, T. (D41)

Scheduled:   05/01/2007—House Committee On Judiciary II

Requires the redaction of certain personal information contained in vehicle crash reports before release to the public. Law enforcement personnel, district attorneys, attorneys, insurance companies, any person involved in a crash, and any other state or local governmental unit may have access to the original crash report, without any redactions.

Bill:   SB 1245 - RETAINAGE PAYMENTS/CONSTRUCTION CONTRACTS

Sponsors:   Jenkins (D3)

Scheduled:   05/01/2007—Senate Committee On Commerce, Small Business and Entrepreneurship

Requires the balance due on public construction contracts requiring the estimated expenditure of $300,000 or more let by the state or a political subdivision to be paid in full to prime contractors 45 days after acceptance or certification. Increases the amount of interest to be paid on late payments to prime contractors and from prime contractors to subcontractors. Prohibits retainage on periodic or final payments made by the owner or prime contractor on public construction contracts in which the total project costs are less than $300,000. Allows retainage when the project costs are $300,000 or more and sets requirements for the retainage including the amount to be retained and how it is released.

Personnel

Bill:   HB 1711 - ESTABLISH PAID SICK DAYS

Sponsors:   Adams (D58); Weiss (D35); Ross (D38); Coleman (D39)

Status:   04/26/2007 – House Committee On Commerce, Small Business and Entrepreneurship

Entitles all employees who work in NC to at least 7 paid sick days during a 12-month period to be used by the employee for specified purposes including care for the employee's near relatives under certain conditions, care for the employee's own physical or mental illness, to attend routine medical appointments for the employee and near relatives, and to address issues associated with domestic violence.

Planning & Zoning

Bill:   HB 1651 - STATEWIDE SUBDIVISION CHANGES

Sponsors:   Ross (D38)

Status:   04/19/2007 – House Committee On Commerce, Small Business and Entrepreneurship

Amends the definition of a subdivision to provide that the exemption applicable to the combination or recombination of portions of previously subdivided and recorded lots does not apply to lots that have existed only on paper or that have previously been effectively combined into a single parcel.

Bill:   HB 1756 - SAFE ARTIFICIAL SLOPE CONSTRUCTION ACT

Sponsors:   Haire (D119); Rapp (D118); Fisher (D114)

Status:   04/19/2007 – House Committee On Environment and Natural Resources

Requires local governments to regulate site planning, design and construction of artificial slopes in mountainous areas. Directs the Sedimentation Control Commission to assist local governments in development and implementation of safe slope construction programs. Provides for the disclosure of landslide hazards to purchasers of real property located in vulnerable areas.

Public Safety

Bill:   HB 1617 - INVESTIGATIONS OF DEADLY FORCE

Sponsors:   Kiser (R97); Barnhart (R82); Glazier (D45); Faison (D50)

Status:   04/19/2007 – House Committee On Judiciary II

In every instance in which a private citizen is killed as a result of the use of a firearm by a law enforcement officer in the line of duty, requires the district attorney, upon request of the surviving spouse or next of kin, to request the SBI to conduct an investigation into the incident.

Bill:   HB 1620 - CLARIFY ARREST AUTHORITY OVER ILLEGAL ALIENS

Sponsors:   Sutton (D47); Neumann (R108); Warren, R. (D88); Samuelson (R104)

Status:   04/19/2007 – House Committee on Homeland Security

Allows law enforcement officer to arrest without a warrant any person that the officer has probable cause to believe has been identified by law enforcement and authenticated through the National Criminal Information Center as someone who has an outstanding Immigration and Customs Enforcement civil or criminal charge, warrant, or detainer; or against whom any other civil or criminal charge, action, or proceeding arising out of action taken by the US Department of Homeland Security or any of its branches or divisions, has been filed.

Bill:   HB 1625 - EYEWITNESS ID REFORM ACT

Sponsors:   Lucas, M. (D42); Stam (R37); Ross (D38); Glazier (D45)

Status:   04/25/2007 – House calendar pursuant to Rule 36(b)

Sets forth mandatory detailed lineup procedures for use by state and local law enforcement officers.

Bill:   HB 1697 - TAKE DNA SAMPLE ON ARREST FOR CERTAIN CRIMES

Sponsors:   Goforth (D115); Ray (R95)

Status:   04/19/2007 – House Committee On Judiciary III

Requires the arresting officer to take a DNA sample from persons arrested for certain Class A through E felonies and other offenses. Samples are to be stored and maintained by the State Bureau of Investigation in the State DNA Databank.

Bill:   HB 1749

Sponsors:   Stiller (R17)

Title:   SALE OF DRUGS NEAR PARKS

Status:   04/19/2007 – House Committee On Judiciary I

Provides that any person 21 years of age or older who sells drugs on property that is a public park or within 300 feet of the boundary of real property that is a public park is to be punished as a Class E felon.

Bill:   HB 1815

Sponsors:   Langdon (R28); Folwell (R74)

Title:   PARAMEDICS CAN SCREEN ARRESTED PERSONS

Status:   04/19/2007 – House Committee On Health

Prevents law enforcement officers from taking an arrested person to jail if the person complains of injury or serious illness, unless a paramedic first examines the person and concludes he or she does not require further medical treatment.