Inside this issue
 
  This Week at the General Assembly  
 

After a two week hiatus, the Legislative Update returns!  And, what a busy two weeks it has been.

Before the General Assembly left town for Easter, the GOP controlled legislature had to grapple with another Perdue veto.  This time, the issue was over extension of federal unemployment benefits.  How could that be controversial?  As usual, the devil is in the details.  The bill allowing the extension of unemployment benefits also included a provision to continue the state budget (aka continuing resolution) and require the Governor to cut 13 percent from the plan she proposed.  The General Assembly is accustomed to passing continuing resolutions – just not in April.  If the Governor had signed the legislation, the General Assembly could adjourn on June 30 and go home without agreeing on a budget.  So, for the past two weeks, the General Assembly and Governor’s office have taken turns blaming each other for the estimated 37,000 who may go without the extended benefits. While negotiations continue, there is no sign of an agreement. Just so you know the rest of the story, the reason the state was extending federal unemployment benefits is because the U.S. Labor Department notified North Carolina officials two weeks ago that the feds were going to stop paying because the state's recent three-month average unemployment rate had improved from 2010.  In other words, the feds are punishing NC not for doing well…for doing just a little better than we did in 2010. 

 

NCHBA Government Affairs staff continues to move forward on our 2011 legislative agenda.  Two of our top legislative priorities passed out of the House in the last two weeks.

H 648 Improve Enforcement/General Contractor Laws passed the House unanimously – not a single “no” vote!  Special thanks to our bill sponsors, Representatives Kelly Hastings (R-Cleveland) and Mike Hager (R-Rutherford), who did an excellent job of explaining the bill and getting their fellow members on board.  Both Representatives are freshmen and we look forward to working with them on other bills this session. 

The second bill, which passed the House by a vote of 95-21, was
H 332 Clarify Development Moratoria Authority, sponsored by Representatives Mills (R-Iredell), Killian (R-Mecklenburg), Crawford (D-Granville) and Hamilton (D-New Hanover).  The bill received a favorable report in the House Government Committee earlier, but the vote split along party lines.  Rep. Hamilton included a floor amendment that changed the bill to prohibit ANY moratoria on residential use.  While this isn’t exactly what we wanted (the original bill would have prohibited a moratoria for the purpose of writing or adopting new or amended plans or ordinances for all uses), NCHBA agreed to the amendment.  We are pleased with the vote, which included 31 Democrats and all but 1 Republican (click here to see how your Representative voted).

 

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  Bills Introduced This Week  
 

(Senate bill introduction deadline was on 4/19)

S 640 Enhance Donations of Conservation Land would increase the tax credit for corporate donations of distressed properties with conservation value.

S 646 Annexation Law Omnibus yet another in the long line of annexation laws this session!

S 653 Eliminate Agency Final Decision Authority (identical to H 623) would modify the procedures in making contested case decisions.  Part of the General Assembly’s regulatory reform efforts and supported by NCHBA.

S 676 Clarify Water and Well Rights/Private Property would clarify landowner’s rights over water on their property and the construction of wells on their property.

S 681 Require Quid Pro Quo for Agency Rulemaking would require agencies that adopt a rule to simultaneously eliminate another rule.

S 683 Residential Building Inspections would require cities and counties to have reasonable cause before inspecting residential buildings or structures.

S 708 Improve Enforcement/General Contractor Laws (identical to H 648) tightens up the homeowner exemption.  Introduced at the request of and strongly supported by NCHBA.

S 716  Study Statewide Property Insurance Structure would establish a joint legislative study commission on property insurance rate making.  NCHBA supports.

S 719 Equalize Income Tax Paid by Small Businesses would ensure that small businesses are not placed at a competitive disadvantage as compared to large corporations by virtue of a higher income tax rate.

S 731 Zoning/Design and Aesthetic Controls would prohibit local governments from placing regulations on design and aesthetics in residential districts, other than historic districts.  Introduced at the request of and strongly supported by NCHBA.

H 873 Amend Jordan Lake Reservoir Water Quality Rules would extend some of the deadlines imposed by the Environmental Management Commission for the Jordan Lake Reservoir.

 

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  Bills on the Move  
 

H 8 Eminent Domain passed the House and moves to the Senate.

H 116 Coastal Wetland Riparian Buffer Grandfather was reported favorably out of the House Environment committee but was inexplicably reassigned back to the committee.

H 200 Appropriations Act of 2011 passed the House Appropriations and Finance Committees and is scheduled to be heard on the House floor 5/3/11.

H 266 Wake Municipalities Energy Efficiency passed the House and moves to the Senate.

H 332 Clarify Development Moratoria Authority passed the House and moves to the Senate.

H 336 Amend Weight Requirements-Certain Vehicles – the House concurred with the Senate version and it awaits the Governor’s signature.

H 383 Extend UI Benefits/Continuing Resolution was vetoed by the Governor.

H 385 2011 Omnibus Labor Law Changes passed the House and moves to the Senate.

H 386 Real Estate License Law Amendments passed the House and moves to the Senate.

H 436 Economic Disclosures for Sanitary Districts passed the House and moves to the Senate.

H 492 Stormwater /Isolated Popl. Growth in County passed the House and moves to the Senate.

H 497 Clarify Definition of General Contractor passed the House Judiciary A Subcommittee and is scheduled to be heard on the House floor 5/5/11.

H 598 NC Highway 54 Corridor Study passed the House and moves to the Senate.

H 648 Improve Enforcement/General Contractor Laws passed the House and moves to the Senate.

H 806 Zoning Statute of Limitations/Agricultural District Change passed the House Judiciary B Subcommittee and is scheduled to be heard on the House floor 5/5/11.

H 819 Coastal Area Management Act Setback Requirements/Grandfather Clause passed the House and moves to the Senate.

H 821 Allow DOT to Use Recycled Asphalt passed the House and moves to the Senate.

S 33 Medical Liability Reforms – a conference committee was assigned to work out the differences between the House- and Senate-passed versions of the bill.

S 110 Permit Terminal Groins - a conference committee was assigned to work out the differences between the House- and Senate-passed versions of the bill.

S 281 Municipal Service Districts/Streets awaits third reading in the House.

S 414 Allow Attorneys’ Fees in Business Contracts passed the House and Senate.

S 457 Amend Article 13 of Business Corporation Act passed the Senate and moves to the House.

S 464 Debt Reduction Act of 2011 passed the House.

S 487 Disputed Earnest Money/Attorney’s Deposit passed the Senate and moves to the House.

S 514 Nutrient Management Plan Only for NSW passed the Senate and moves to the House.

S 530 Prohibit Involuntary Annexation of Farms passed the Senate and moves to the House.

 

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  Enacted Legislation  
 

H 26 (S.L. 2011-50) Henderson County Fire Districts

H 171 (S.L. 2011-57) Municipal Self-Annexations


H 268 (S.L. 2011-48) Reclaimed Water Rules/Storm Debris Cleanup

 

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  Quote of the Week  
 

"We're below used car salesmen."  Rep. John Blust (R-Guilford) in discussing the popularity of legislators and lawyers.

And…

"
It’s like Girls Gone Wild!” Rep. Danny McComas (R-New Hanover) in describing the run-amok policies of Sanitary Districts in the Wilmington area. (Any Wilmington member care to explain how he came up with that comparison?)

 

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