Police 'bill of rights' legislation scheduled for House vote on May 10

The House vote on HB 980 – Law Enforcement Officer Discipline was postponed at the request of the sponsor until Thursday, May 10. The League's Town Hall Day on May 9 offers an optimum opportunity to talk with representatives about this bill, which would usurp local authority to make basic employment decisions and give union-type rights to law enforcement personnel.

This “bill of rights” for police officers would require each municipality employing police officers to establish certain procedures to be used prior to disciplinary actions. An officer would have the right to a hearing before a fair and impartial board or hearing officer, the right to be represented, the right to examine any witnesses, and the right to have all meetings recorded.

The bill as amended in committee ONLY applies to municipal police officers, not to state law enforcement personnel or sheriffs' deputies.

The vote in committee was close, and representatives have been hearing from municipal officials. Please keep up your contacts and come to Town Hall Day prepared to work on this bill.

Senate passes limit on retainage

SB 1245 – Retainage Payments/Construction Contracts , one of three bills filed this session attempting to limit retainage payments on construction contracts, passed the Senate this week. Retainage is an amount that may be withheld by a project owner from a periodic payment on a construction contract. The current version of the legislation deleted some provisions found in the original bill that the League considered to be objectionable, but there are a number of concerns yet to be resolved. League and industry representatives have agreed to continue to negotiate as the bill moves into the House. Please let us know when the existence of retainage has been particularly helpful in your municipality and watch for additional updates on this important legislation.

Cell tower preemption bill delayed

SB 831 – Wireless Telecommunications Facilities , a bill to preempt the authority of municipalities and counties in determining where cell towers should be located, was not heard as scheduled in Senate Commerce this week.

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.

Our ongoing discussions with industry representatives have not yet resulted in sufficient changes for a reasonable committee substitute. Please continue to let Senators know your concerns.

Stakeholders to work on solid waste bill

A committee substitute for SB 1492 – Solid Waste Management Act of 2007 was adopted for purposes of discussion by the Senate Agriculture and Environment Committee and has been sent to a stakeholders' group to see if some of the issues in controversy can be worked out.

The committee substitute proposes a number of changes to the regulation of solid waste disposal that will impact municipal budgets and services. The legislation would impose a $2.50 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. There are additional restrictions on the height, acreage, and capacity of landfills.

We are concerned about the potential fiscal impact of the bill as well as some other implications. League staff will be participating in the stakeholders' group along with representatives of the solid waste industry, counties, DENR, environmental groups, and other interested parties.

Bill would overhaul 911 payments

A committee substitute for HB 1755 – Coordinate Statewide Enhanced 911 System was given a favorable report by the House Committee on Public Utilities this week. The bill rewrites the wireless telephone service statutes 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. It authorizes this board to levy a monthly Enhanced 911 charge on each voice communications service connection, with the charge set at seventy cents per month per connection. The bill deems the funds to be local revenues that may not be reduced or withheld by the Governor and provides for their distribution to public safety answering points. It is our understanding that the method of distribution will hold PSAPs harmless. The bill now goes to House Finance.

Senate Finance hears property tax bills

This week the Senate Finance Committee began discussion of several property tax relief bills, including SB 1051 - Equitable Residential Property Tax Relief , SB 1203 - Present-Use Value Changes , SB 1305 - Present-Use Value Easement Tax Credit , SB 1309 - Property Tax Reform Act Of 2007 , and SB 1442 - Circuit Breaker Property Tax Benefit . The committee did not take action on any of the bills. As we have previously mentioned, many legislators are talking this session about the need to provide additional property tax relief for low-income citizens and those who live in areas that have experienced tremendous increases in property values such as coastal and mountain communities.

Smoking bill fails to proceed

By a vote of 61 to 55, the House defeated HB 259 - Prohibit Smoking in Public and Work Places . The bill would have prohibited smoking in most restaurants, offices and other buildings. It also contained provisions lifting existing restrictions on local government authority to enact no-smoking ordinances. The League will pursue other avenues for removing the existing preemption on local authority.

More special benefits proposals filed

Rep. Jim Harrell filed two bills this week to grant additional retirement benefits to career firefighters and rescue squad workers. HB 1939 – Separation Allowance/Firefighters & EMS grants these employees a separation allowance similar to that currently provided to law enforcement officers. The allowance would be equal to 0.57% of the annual equivalent of the base rate of compensation for each year of creditable service. To qualify, the employee must have completed 30 or more years of creditable service (or be 55 with five or more years of service), not have become eligible for unreduced social security benefits, and have completed at least five years of continuous service as a career firefighter or rescue squad worker immediately preceding retirement. HB 1947 – Career Fire and Rescue 25-Year Retirement would allow firefighters and rescue squad workers to retire with unreduced benefits after 25 years of creditable service as long as the last five years were as a firefighter or rescue squad worker. The requirement is 30 years for all other local employees.

These bills join a number of other proposals this session that would give certain classes of local government employees special benefits and impose significant costs on local employers. The League opposes such legislation.

Additional annexation bill introduced

A bill to require demographic proportionality in city-initiated annexations has been introduced by Reps. William Wainwright, Marvin Lucas, Joe Boylan and Ty Harrell. HB 1893 – Annexation Diversity Act provides that if an area to be annexed is wholly or partly within the extraterritorial jurisdiction of the city, it may not have a racial composition that is lower than the composition of the entire ETJ.

Rally in Raleigh on May 9 – Town Hall Day

This year's Town Hall Day, on Wednesday, May 9, comes just a little more than a week before the General Assembly's crossover deadline, so the legislative pace is likely to be hectic.

Municipal legislative priorities for Town Hall Day include seeking a permanent, dedicated revenue source for infrastructure funding; preserving municipal annexation authority; and preserving municipal authority to make personnel decisions.

Those opposed to municipal annexation authority have planned a rally against annexation for the same day as our Town Hall Day. Municipal officials also may encounter representatives of groups opposed to a land transfer tax (see below).

Commissioners gather for County Assembly Day

County commissioners gathered in Raleigh on May 2 for the N.C. Association of County Commissioners' annual legislative day. They focused on two priorities—relief from the financial burden of the county share of Medicaid costs and the need for a land transfer tax. They were greeted by a full-page ad in the Raleigh News & Observer, an open letter from the N.C. Association of Realtors. NCAR opposes the idea of a land transfer tax to generate additional revenues for county and municipal infrastructure needs.

The letter read in part: “The NC Association of Realtors®, on behalf of our 42,674 members statewide, welcomes you to Raleigh for your annual Legislative Lobbying Day.”

“As you walk the halls of the General Assembly today, know that we have walked before you. The NC Association of Realtors® held a Legislative Rally on April 18 to protest the proposed 1% new tax on North Carolina 's property owners that you endorse.”

The ad is part of an extensive media campaign of NCAR and allied organizations that oppose the concept of a land transfer tax. Six North Carolina counties have authority to levy this tax and have done so since the 1980s. These counties ( Camden , Chowan, Currituck, Dare, Pasquotank and Perquimans) have been able to hold down property tax rates and address capital needs. For more on how the land transfer tax has worked in these counties, go to www.nclm.org .

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 36 - HAZ. MATERIALS TASK FORCE RECOMMENDATIONS

Sponsors:   Weiss (D35); Ross (D38); Dollar (R36); Harrell, T. (D41)

Status:   Passed House, referred to Senate Agriculture/Environment/Natural Resources

Requires commercial hazardous waste facilities to provide financial assurance for cleanup and off-site screening of contamination migration in the event of a release. Requires applicants for hazardous waste facility permits to seek input from local governments and emergency response agencies on their contingency plans. Every two years after receiving its permit, applicants must verify that the resources and equipment of each local government and emergency response agency are available and adequate to respond to an emergency at the facility. Requires operator of a commercial hazardous waste facility to maintain off-site copies of information concerning the quantity, type, location and hazards of waste at the facility, in a form and manner accessible to DENR, local governments, and emergency response agencies. Requires applicants for commercial hazardous waste facilities to notify property owners within one-fourth mile of the facility and provide them certain information, including the facility's planned emergency response. Requires DENR, when determining the frequency of inspections, to consider changes in sensitive land use or population density within one-fourth mile of any property boundary of the facility. Requires facilities to provide security and surveillance 24 hours a day, seven days a week and maintain on-site wind monitors. Authorizes DENR to regulate hazardous waste transfer facilities (location where hazardous waste is stored for a period of more than 24 hours but less than 10 days). Specifies that local zoning or land use ordinances are presumed to be valid to the extent that they impose requirements that are generally applicable to development (such as setback, buffer and stormwater requirements) unless the DENR Secretary makes a finding of fact to the contrary. Clarifies that municipal 911 data and “reverse 911” data is confidential and not a public record. Establishes Regulation of Hazardous Materials Task Force to review all fire code regulations regarding the commercial treatment, storage and disposal of hazardous materials.

Finance and Taxation

Bill:   HB 1889 - PRESENT-USE VALUE SYSTEM MODIFICATIONS

Sponsors:   Brubaker (R78); Hill (D20); Gibson (D69); Harrison (D57)

Status:   04/30/2007 – House Finance

Makes wildlife conservation land eligible for present use value taxation.

Bill:   HB 1895 - TAX ON HEAVY EQUIPMENT RENTAL AGREEMENTS

Sponsors:   Saunders (D99)

Status:   04/30/2007 – House Commerce

Excludes heavy equipment rental from the property tax. Authorizes cities and counties to levy a privilege tax on the gross receipts of heavy equipment rentals at a rate not to exceed 0.75%.

Bill:   HB 1917 - SENIOR HOMESTEAD TAX RELIEF

Sponsors:   Bordsen (D63); Jones, Earl (D60); Mobley (D5)

Status:   05/03/2007 – House Aging

Proposes a constitutional amendment to allow the General Assembly to limit the growth in assessed value of a permanent residence. If the amendment is approved by voters in November 2007, enacts statutes to provide that the appraised value of the permanent residence of a qualifying owner shall not increase in general reappraisals after July 1, 2008. Qualifying owner must be at least 70, have occupied the property as a permanent residence for at least 5 years, and be a North Carolina resident. Allows county to reappraise the residence at its true value when there are certain physical changes to the land or improvements, or when the qualifying owner no longer occupies the residence.

Bill:   HB 1921 - AUTOMOBILE EXCLUSION

Sponsors:   Blust (R62); Cleveland (R14)

Status:   05/03/2007 – House Judiciary I

Excludes from the property tax base the first $2,000 of the appraised value of one motor vehicle owned by a person who is at least 65 and who meets the homestead exclusion income eligibility limits.

General Government

Bill:   HB 671 - REPLACING OFFICIALS CALLED TO ACTIVE DUTY

Sponsors:   Martin (D34); Killian (R105)

Status:   Passed House

Modifies G.S. 128-41 regarding leaves of absence for municipal officials to make its provisions applicable only to absences for protracted illness and other reasons satisfactory to the governing body. Makes similar changes to provisions applicable to counties. Enacts new G.S. 128-42 regarding leaves of absence for elective or appointive county or municipal officials 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. Also enacts similar provisions applicable to state officials. Requires the temporary replacement appointee to possess all of the legally required qualifications for holding the office for which appointed.

Bill:   HB 700 - STANDARDS FOR CODE-ENFORCEMENT OFFICIALS.-AB

Sponsors:   Glazier (D45)

Status:   Passed House, referred to Senate Commerce

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. A code enforcement official holding a certificate indicating a specified level of proficiency in a particular type of position may hold a position calling for that type of qualification anywhere in the state. With respect to all types of code enforcement officials, those with Level I, Level II, or Level III certificates shall be qualified to inspect and approve only those types and sizes of buildings as specified in rules adopted by the Board.

Bill:   HB 767 - ATV USE FOR EMERGENCIES.-AB

Sponsors:   Sutton (D47)

Status:   Passed House, referred to Senate 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 all law enforcement officers and fire, rescue and emergency medical services personnel may use all-terrain vehicles when owned or leased by the applicable 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. Specifies that all state laws regarding operation of all-terrain vehicles apply to these uses, that such vehicles must be equipped with front and rear lights and a horn, that vehicle operators must observe posted speeds and carry an official identification card or badge. Enacts new provision authorizing the uses described above by employees of listed municipalities and counties (those to which the repealed local acts applied) with the same requirements as stated. Requires that all-terrain vehicle safety courses be approved by the Commissioner of Insurance.

Bill:   HB 1060 - LOCAL GOVERNMENT SURPLUS PROPERTY DONATIONS

Sponsors:   Faison (D50)

Status:   Passed House, referred to Senate State and Local Government

Enacts new G.S. 160A-280, authorizing a city or county to donate to another governmental unit any real property or personal property, including supplies, materials, and equipment, that the governing board deems to be surplus, obsolete, or unused. The governing board is to give public notice and adopt a resolution approving the donation prior to making it. Governmental unit is as defined in G.S. 160A-274(a).

Personnel

Bill:   HB 1322 - FIRE CHIEFS CAN REQUEST CRIMINAL HISTORIES

Sponsors:   Clary (R110); Moore (R111)

Status:   Passed House

Adds local fire chiefs, county fire marshals, and local emergency services directors to those who may request a criminal history record check from the Department of Justice for applicants for positions with local government fire departments and emergency medical services.

Public Safety

Bill:   HB 1287 - REPORT DENIAL OF SOME PISTOL PERMITS

Sponsors:   Jeffus (D59); Sutton (D47); Harrison (D57)

Status:   Passed House

Requires sheriffs to report the denial of a license or permit to purchase a handgun to the SBI by entry into a computerized database that is accessible to sheriffs statewide.

Bill:   HB 1625 - EYEWITNESS ID REFORM ACT

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

Status:   Passed House, referred to Senate Judiciary I

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