Agenda - 09-20-2007-2c - Laserfiche WebLink

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The North Carolina League of Municipalities Page 9 of 16 applies to plans submitted to the Commissioner for approval on or after October 1, 2007. Disposition of Property-Cities were granted additional authority with regard to the donation of surplus property in HB 1060 -Local Government Surplus Property Donations. The bill provides that a city may donate surplus personal property to another governmental unit within the United States, to a sister city, or to an incorporated nonprofit organization. The governing body must post a public notice at least five days before adopting a resolution approving the donation. This legislation will help to clear up questions of authority that arise whenever a natural disaster strikes in another state or country and local governments wish to donate supplies and equipment. Electronic Signatures-SB 2II -Electror:lc Slgnatures/PublicAgencies (SL 2007-II9) simply clarifies that public agencies can use, as well as accept, electronic signatures. Eminent Domain-A bill to amend the state constitution to address eminent domain passed the House and remained in the Senate Ways and Means Committee at the end of the session. HB 878 -Eminent Domain proposes a constitutional amendment to be placed on the ballot at the next statewide primary or election to prohibit the use of eminent domain for economic development. It states, in part, that "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." We believe that state law (as amended and clarified last session) adequately addresses the issue by expressly prohibiting the use of eminent domain for general economic development purposes. The legislature can further tighten and clarify those statutes as needed. A constitutional amendment, once in place, is very difficult to change in order to correct any ambiguities that are created or unintended consequences that may result. Ethics-Two bills were enacted during the last days of the session modifying provisions of the state ethics laws passed in 2006. HB 1110 -State Gover~zment Ethics Act Technical Clranges (SL 2007-347) makes technical changes to the State Government Ethics Act, the Legislative Ethics Act and the Lobbying Law. A second bill, HB 1111- Clarify State Government Ethics Act (SL 2007-348) makes additional clarifying and policy changes to those same laws. HB IIII recognizes that a contract city or county attorney appointed as required by law is deemed a city or county employee when acting on matters pertaining to their offices and public duties for purposes of exemption from the lobbying laws. A related bill, HB I737 -Legal Expense Fur:ds (SL 2007-349) regulates legal expense funds of elected officers and provides for disclosure of contributions and expenditures. SB 659 -Officials Forfeit Per:sior:s for Felonies (SL 2007-179) provides that elected officials who are members of the Local Governmental Employees' Retirement System or any of the state government retirement systems forfeit their pensions upon conviction of a state or federal offense involving public corruption or a felony violation of election laws. Minimum Housing-Legislation that would limit local authority to inspect housing and address unsafe conditions passed the Senate and remains eligible in 2008. SB 1507-Housing Cor:ditions/li:spectiorzs would amend the minimum housing and building inspection statutes to eliminate authority for periodic inspection programs and require "probable cause" before inspecting. The League opposed the bill as a serious erosion of local governments' ability to investigate and address dangerous structures, dwellings unfit for human habitation, and abandoned buildings. Nonresidential Buildings-With enactment of SB 556 -Nonresidential Building/Structure Code (SL 2007-4I4), cities and counties now have an additional tool for dealing with dilapidated and deteriorating structures. The act authorizes local governments to adopt and enforce minimum sanitation and safety standards for nonresidential buildings. The bill is patterned after the minimum housing code and uses similar procedures for ordering repairs or demolition of dilapidated structures. 'This was a priority item on the League's advocacy agenda, and we appreciate Sen. John Ken's leadership on the bill. We also thank Reps. Bill Daughtridge and Edith Warren for their assistance on the House side. Open Meetings-A bill to amend the notice requirements for special and emergency meetings remained in House Local Government I and is not eligible for further consideration. Among other things, HB 311- Notice of SpeciaUEn:ergency Meetings would have required eight days' notice of special meetings (rather than 48 hours) if the only newspaper that has requested notice publishes weekly. Public.Records-Severai bills addressing public records issues were enacted this session. HB 36-Haz. Materials Task Force Recommendations (SL 2007-X07) clarifies that municipa1911 data, and data in a "reverse 911" emergency notification system, is confidential and not a public record. SB IS46-Clarify Public Access to Personnel Records specifies that the terms of an public employee's employment contract is a public record. It clarifies that an employee's "salary" for purposes of the Public Records Act includes pay, benefits, incentives, bonuses, and deferred and all other forms of compensation paid by the employing http://www.nclm.org/LegaUBulletin/2007/08-24-07.htm 8/28/2007