• • Last Week at the General Assembly
• • Bills on the Move
• • Bills Enacted
• • NCHBA Legislative Conference Coming Up Soon
• • Quote of the Week

With budget negotiations moving from the House to the Senate, it is now the Senate’s turn to spar with the Governor’s office.  Figures released during Senate budget subcommittee meetings showed the Senate spending $40 million less than the House on public education and $626 million less than the Governor’s budget.  The Senate and House will likely reconcile their differences.  However, the Governor, determined to keep the penny sales tax hike that is set to expire July 1^st which is in neither the House or Senate version, is expected to veto any compromise. Part of the Senate budget included a possible resurrection of the 2009 proposal to charge a franchise tax on LLCs.  While only in draft form, this proposal was presented to NCHBA staff who informed leadership of our strong opposition to this type of tax.  We were told that this proposal is no longer under consideration.

NCHBA’s legislative agenda continues to progress.  This week saw three bills take a significant step toward passage: S 731 Zoning/Design and Aesthetic Controls, H 806 Zoning Statute of Limitations/Ag District Change, and H 750 Stormwater Sytem Owners Association/Sanitary District Rules.

S 731 Zoning/Design and Aesthetic Controls clarifies that zoning ordinance regulations on non-structural building design elements such as exterior building color, exterior ornamentation, door or window styling or requirements for specific floor plans, may not be applied to residential structures containing fewer than four dwelling units.  This bill was heard in the Senate Commerce Committee and received considerable discussion.  A big thanks to sponsor Sen. Dan Clodfelter (D-Mecklenburg) for an excellent explanation of the bill and for fending off each challenge to the bill.  S 731 will be on the Senate floor on Tuesday, May 17^th and is receiving considerable opposition from city and county planners.  Watch your e-mail on Monday for a very important legislative alert and request to contact your Senator asking them to vote yes on the bill!

H 806 Zoning Statute of Limitations/Ag District Change corrects two problems with current zoning law applicable to local governments. The first amends the statute of limitations/repose relating to when actions must be brought in order to contest the validity of any zoning or unified development ordinance. The second makes it clear that the General Assembly’s exclusion of ten (10) or more acre lots from subdivision regulation applies equally to back-door efforts to regulate the same land through the use of the zoning statutes to prohibit residential uses. H 806 passed the House on 2^nd and 3^rd reading and now moves to the Senate.  Thanks and kudos go to bill sponsors Rep. Jonathan Jordan (NCHBA member, R-Ashe), Rep. Paul “Skip” Stam (R-Wake), Rep. Tim Moffitt (R-Buncombe) and Rep. Sarah Stevens (R-Surry).

H 750 Stormwater Systems Owners Association/Sanitary District Rules clarifies when and how a developer may transfer ownership of a stormwater system to an owners association and clarifies that sanitary district rules may not conflict with the underlying county requirements.  H 750 passed the House Environment Committee and will be heard on the House floor on Monday, May 16^th. 

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H 115 North Carolina Health Benefit Exchange Act was reported favorably out of the House Insurance and Appropriations Committees and is scheduled to be heard on the House floor 5/17/11.

H 168 Zoning/Agricultural Annexation Exemption was reported favorably out of the Senate State and Local Government Committee and now awaits action in the Senate Finance Committee.

H 366 Special Election Dates was reported favorably out of the House Elections Committee and is scheduled to be heard on the House floor 5/16/11.

H 388 Reclaimed Water Cross-Connection Control was reported favorably out of the House Environment Committee, passed the House and moves to the Senate, where it awaits action in the Senate Agriculture/ Environment/ Natural Resources Committee. 

H 406 Voluntary Agriculture Districts was reported favorably out of the House Agriculture, passed the House and moves to the Senate.

H 484 Transfer Emergency Foreclosure Program to HFA was reported favorably out of the House Commerce and Job Development Subcommittee on Business and Labor, passed the House and moves to the Senate.

H 493 Landlord Tenant Law Changes was reported favorably out of the House Judiciary Subcommittee A and is scheduled to be heard on the House floor 5/16/11.

H 497 Clarify Definition of General Contractor was removed from the calendar and referred to the House Judiciary Subcommittee A.

H 542 Tort Reform for Citizens and Businesses was reported favorably out of the House Select Committee on Tort Reform and is scheduled to be heard on the House floor 5/18/11.

H 594 Functionally Equivalent Wastewater Systems was reported favorably out of the House Environment Committee and is scheduled to be heard on the House floor 5/16/11.

H 643 Exempt CCPCUA from IBT Requirements was reported favorably out of the House Environment Committee and was referred to the House Government Committee.

H 709 Protect and Put NC Back to Work was discussed in the House Select Committee on Tort Reform.

H 750 Stormwater Systems Owners Associations/Sanitary District Rules was reported favorably out of the House Environment Committee and is scheduled to be heard on the House floor 5/16/11.

H 806 Zoning Statute of Limitations/Agricultural District Change passed the House and moves to the Senate.

H 845 Reform Annexation Laws was reported favorably out of the House Finance Committee and passed second reading in the House.  Third reading in the House is scheduled for 5/16/11.

S 354 Rental Property/Lithium Battery Smoke Alarms passed the Senate and moves to the House. 

S. 374 Landowner Protection Act was reported favorably out of the Senate Agriculture/ Environment/ Natural Resources Committee, passed second reading in the Senate and was referred to the Senate Judiciary 1 Committee.

S 380 ETJ/Definition of Bona Fide Farm Purpose passed the Senate and moves to the House.

S 428 Study Consolidated Environmental Commission was reported favorably out of the Senate Program Evaluation Committee and passed the Senate.

S 431 Fontana Dam Incorporated passed the Senate and moves to the House.

S 676 Clarify Water and Well Right/Private Property passed the Senate and moves to the House.

S 731 Zoning/Design and Aesthetic Controls was reported favorably out of the Senate Commerce Committee and is scheduled to be heard on the Senate floor 5/17/11.

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H 336 (S.L. 2011-71) Amend Weight Requirements – Certain Vehicles

S 281 (S.L. 2011-72) Municipal Service Districts/Streets

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“I’m always ready to talk.  I’m a politician.” 

Rep. Linda Johnson (R-Cabarrus) after being asked whether she was ready to speak to a committee.

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