AGENDA #2a
memorandum
to: Mayor and
from: W. Calvin Horton, Town
Ralph D. Karpinos, Town Attorney
subject: Public Hearing on Potential Legislative Initiatives for the 2006 Session of the North Carolina General Assembly
date: April 10, 2006
PURPOSE
The purpose of tonight’s public hearing is to receive citizen input on potential Town legislative initiatives for the upcoming 2006 Session of the North Carolina General Assembly.
BACKGROUND AND DISCUSSION
The General Assembly reconvenes for the 2006 Session of the 2005 General Assembly (the “Short Session”) on May 9, 2006. The General Assembly limits the measures it will consider during the Short Session primarily to: budgetary matters; certain legislation carried over from the “Long Session”; legislation proposed by study commissions; and bills introduced in 2005 which passed one chamber and were received in the other chamber by the established deadline.
Local bills certified by the primary sponsor as non-controversial and approved for introduction by each member of the local delegation may also be considered. The deadline for introduction of local bills is May 24.
On March 27, 2006, the Council scheduled this public hearing to consider legislative initiatives for the upcoming Session of the General Assembly. (The March 27, 2006, agenda report and attachments are available from the Town Clerk’s office, or through the Town’s website at:
http://townhall.townofchapelhill.org/agendas/2006/03/27/11/leg_initiatives_for_ncga_2006_session.htm.)
On March 27, the Council identified the following issues for further consideration this evening:
1. A local bill seeking annexation of a small portion of public right-of-way along the Durham-Chapel Hill annexation boundary overlooked when other parcels in the area were legislatively annexed a few years ago.
2. Legislation to permit electronic meetings by public bodies.
3. Establishment of a study commission to evaluate the State’s sales tax distribution formula.
4. A local bill to clarify the Town’s authority to require contributions to support public transportation, in addition to just physical improvements to streets and sidewalks, as a condition of approval of new development, based on the relative impact of that development.
5. Legislation to establish standards and limitations on percentage increases in taxable assessments that may be imposed locally for ad valorem property tax purposes.
6. Legislation related to the authority of local municipalities to franchise and regulate cable television service providers.
7. Legislation to increase the State minimum wage.
8. All of the legislative initiatives that were part of the Town’s Legislative Agenda for 2005. (Attachment 1 is the resolution establishing the Council’s Legislative Program for 2005.)
9. Such other issues as may be raised by Council members and citizens.
The Council also noted a citizen proposal to
support legislation to limit the authority of public agencies to acquire
property by eminent domain for economic development purposes. In the opinion of the Town Attorney such
legislation would not be needed to prevent such use of the power of eminent
domain because under
On March 27, the Council asked for information related to the status of the proposed statewide legislation to modify the minimum wage. According to the website for the North Carolina General Assembly, House Bill 20, which includes a requirement for a $6.00 per hour minimum wage, passed the House in 2005 and was received by the Senate on August 11, 2005. At the close of the 2005 Legislative session it was listed as having been referred to the Senate Committee on Finance. The crossover deadline for bills to be eligible for consideration in the Short Session was June 2, 2005. A second House Bill in 2005 proposing a change in the minimum wage, House Bill 330, failed on second reading in the House.
Historically, the Council has met with members of the local Legislative Delegation to hear their guidance before adopting a legislative program.
RECOMMENDATION:
That the Council receive public input this evening and then consider next steps, which may include meeting with members of the Legislative Delegation in the next few weeks prior to establishing its list of requests for the 2006 session of the General Assembly. Based on the October 12, 2005, memorandum from the General Assembly Legislative Services Office (Attachment 2), we believe most of the issues identified as being of interest to the Council are not topics which would be afforded consideration during the Short Session this year.
ATTACHMENTS:
1. Resolution 2005-03-07/R-5 (p. 3).
2. October 12, 2005, Legislative Services Office memorandum (p. 6).