Agenda - 08-30-2007-4 - Laserfiche WebLink

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The Nol-th Carolina League of Municipalities Page 10 of 16 entity. HB 1439 - Misdeu:eanor/Not Produce Public Record did not advance from committee and is not eligible in 2008. It would have made a records custodian guilty of a Class 2 misdemeanor for failing to allow records to be inspected or promptly furnish copies. Replacing Officials-Procedures for appointing a temporary replacement for a local elected official called to active military duty are spelled out in HB 671 - Rep[acirrg Officials Called to Active Drrty. It allows any elective or appointive county or municipal official to obtain an unpaid leave of absence from the official's duties when he or she enters active duty in the armed forces or the national guard. It specifies that no vacancy is created by a courity or municipal official obtaining a leave of absence under the provisions. If the official will be on active duty for a period of at least 30 days, a temporary replacement for the official may be appointed by the governing body. No temporary replacement official may be appointed if the official will be on active duty for a period of less than 30 days. Temporary replacement .officials have all the authority, duties, perquisites, and emoluments of the official temporarily replaced. The appointee must possess all the qualifications required by law for holding the office. Retainage-The amount of funds that a municipality can withhold from periodic payments on a construction contract was the subject of several bills this session, and the League worked on amendments to make SB I245 - Retaiuage Pay»rents/Construction Contracts (SL 2007-365) acceptable. As enacted, the bill prohibits retainage on public construction contracts in which the total project costs are less than . $100,000. For projects above that threshold, it allows cities to retain up to 5% of partial payments until the contract is 50% complete, if the contractor is performing according to contract. The legislation defines what 50% complete means. If the project is funded by a federal grant or loan and federal provisions on retainage are different, federal law prevails. The League was successful in adding a provision to the legislation stating that nothing in the bill prevents a city from withholding payments for unsatisfactory job progress, defective construction not remedied, disputed work, or third-party claims. The act is effective January 1, 2008 and applies to contracts entered into on or after that date. Smoking in Public Buildings-Some of local governments' authority to regulate smolting was restored in HB 24 - Sn:olcing in State Gov't Buildings/Pro/tibitiar (SL 2007-193). The legislation will allow municipalities to restrict smoking in buildings owned, leased as lessor, or leased as lessee and occupied by the municipality and any place on a public transportation vehicle owned or leased by the municipality and used by the public. Under previous law, those local governments that did not have smolting regulations in place by October 15, 1993 were preempted and required to set aside 20% of the interior space of government buildings for smolting areas. A bill that would have allowed local governments to ban smoking in restaurants and workplaces, HB 259 - Prohibit Smo/ring in Public and Wor/r Places, failed second reading in the House. State Land Acquisition-When the state seeks to acquire certain land by purchase or gift, it will be required to notify the county and any municipality in which the land is located. For purchases or gifts of land with an appraised value of at least $25,000 (other than land for transportation purposes), SB 1167- Notify Corrrrty Before State Larrd Acgrrisitior: (SL 2007-396) requires notification to the governing body and the manager, if any, and allows the local governments to provide written comments on the acquisition that will be forwarded to the Governor and Council of State. Street Closings-A bill to change the procedure for closing a public street passed the House and is eligible in 2008. HB 469 -Reduce Notice Tirrre/Met/tod for Street Closures would change the type of notice for street and alley closures from publication of a resolution for a total of four weeks to publication of a notice in a paper of general circulation at least three times beginning not more than thirty-five days from the date set for the public hearing. Personnel Criminal Record Checks-Local fire chiefs, county fire marshals, and local emergency services directors were added to those who can request criminal histories from the Department of Justice for applicants to paid or volunteer positions under HB 1322 -Fire Chiefs/EMS Director: Crirrr. Regrrests. Police Disciplinary Procedures-The "police officers' bill of rights," HB 980 - Laty Errforcenrerrt Officer Disciplir:e, cleared House committee this session but stalled on the House floor. It was returned to House Judiciary I and is not eligible for consideration in 2008. Municipal employers must maintain the ability to make basic employment decisions, consistent with the current requirements of state and federal law, and for that reason the League opposed the bill. Union-Supported Bills-Legislation on various union-related issues was of concern this session. HB 1583 -Restore Contract Rig/:ts to State/Local would eliminate the current statutory prohibition on collective bargaining by public employee organizations that has been in place since 1959. It passed one http://www.nchn.org/LegaUBulletin/2007/08-24-07.htm 8/28/2007