AGENDA #10

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM;            Ralph D. Karpinos, Town Attorney

 

SUBJECT:      Potential Legislative Requests for 2007

 

DATE:            February 12, 2007

 

 

PURPOSE

 

The purpose of tonight’s discussion is to afford the Council the opportunity to identify matters it wishes to discuss on February 19 when it meets with the members of our local Legislative Delegation.  Our annual meeting with the Legislative Delegation is part of the process used by the Council to develop a legislative program for consideration by the Delegation and the North Carolina General Assembly.

 

BACKGROUND

 

The General Assembly convened in January to begin what is traditionally referred to as a “Long Session,” in which the members of the House and Senate have an opportunity to consider a wide range of proposed bills, both state-wide and local bills affecting only one particular area of the state or local governmental authority. 

 

The deadlines for submission of local bills have been established as follows:

 

House: Local Bills are due to Bill Drafting by March 20 and must be filed by March 28

 

Senate: Local Bills are due to Bill Drafting by February 27 and must be filed by March 7

 

Rules of both houses now establish limitations on the number of “blank bills” that may be introduced.   Blank bills have been used to meet the filing deadlines and serve as place holders for proposed legislation which is not ready by the deadlines.

 

House Resolution 1, adopted January 24, provides that a bill containing no substantive provisions may not be introduced in the House. 

 

Senate Resolution 1, adopted January 24, limits to two the number of bills which contain no substantive provisions that may be introduced by any Senator. 

 

Based on these resolutions we should probably attempt to identify any requests for local legislation in a timely manner.  Members of the local delegation may have further guidance on this issue for us when we meet on February 19th.

 

DISCUSSION

 

Prior to this evening the Council:

  1. On October 23, 2006, had a conversation during a regular business meeting regarding potential topics for legislative consideration in 2007; and,
  2. On January 31, 2007, held a public forum to receive public comment on potential topics for its legislative agenda.

 

Attached to the agenda item for January 31 were copies of the resolutions of the Council from 2005 and 2006.  These two resolutions are Attachments 1 and 2 to this report.

 

No new legislative suggestions were mentioned at the January 31 public forum.

 

Additional issues identified by Council members and Town staff during the course of other meetings and e-mail correspondence which are potential topics for legislation and discussion with the Delegation on February 12 include the following:

 

  1. A proposal to require private developers to contribute to public art or provide art as part of new development projects.
  2. Campaign and election law changes, including authority for local publicly financed campaigns.
  3. A proposal to require private development to meet energy conservation standards as part of construction.
  4. A proposal to provide incentives to encourage energy efficiency and conservation in new development.
  5. A proposal to authorize local governments to provide incentives (grants or rebates) to private property owners installing renewable energy producing systems in existing as well as new development.
  6. Authority to enact a local real estate transfer tax, perhaps earmarked for specific public uses, such as transportation improvements or open space preservation.
  7. Support for additional funding for:
    1. Mental health treatment programs
    2. Technology to enhance communication between the justice system and public safety personnel
    3. Pre-kindergarten educational programs
    4. Gang awareness and interdiction programs
    5. Fire protection services provided to state facilities

 

The Council may wish to discuss with the delegation issues identified by the North Carolina League of Municipalities and Triangle J Council of Governments.  (Please see attachments 3 and 4).

 

NEXT STEPS

 

Following tonight’s discussion and the February 19 meeting with the Legislative Delegation, the Council may consider adopting a resolution stating its requests for local and state-wide legislation, and is position regarding state funding for programs of interest locally.

 

ATTACHMENTS

  1. Resolution 2005-03-07/R-5 (p. 4).
  2. Resolution 2006-05-08/R-12 (p. 6).
  3. Agenda Item #10, October 23, 2006 (Attachment 1) (p. 7).
  4. 2007 Regional Legislative Agenda, adopted by the Triangle J Board of Delegates (p. 19).