AGENDA #5c

 

MEMORANDUM

 

TO:                  Mayor and Town Council

                       

FROM:            Ralph D. Karpinos, Town Attorney

 

SUBJECT:       Legislative Update

 

DATE:             September 22, 2003

 

 

This report provides information on the Council’s 2003 legislative requests and other items of interest considered in the 2003 Session of the N.C. General Assembly.

 

Town Requests for Local Legislation

 

1. The Council’s request for authority to require sprinkler systems in bars, clubs and other similar places of public assembly was enacted into law.  A separate agenda item this evening proposes a local ordinance pursuant to that legislation.
2. The Council’s request for legislation to allow the creation of special tax districts levy a tax of up to $1.00 per month on residential electric customers and $5.00 per month on commercial electric customers to generate funds to put electric lines underground was introduced and referred to a committee in the House.  No further action on the bill occurred.
3. The Council’s request for authorization to enact an ordinance to delay special use permit projects on property identified as possible school sites was modified and enacted into law.  A hearing was held on a proposed Ordinance on September 15.  The Ordinance is scheduled to be considered by the Council tonight.

 

Statewide Legislation Supported by Town

 

The Council indicated support for legislation that would authorize the public funding of local elections and make other changes to campaign finance regulations.  A proposed bill was approved in the Senate and was in a House Committee when the General Assembly adjourned.

 

The Council requested that the General Assembly increase state staffing for sedimentation and erosion control enforcement.  Representative Verla Insko has advised that no positions awere added this year to any divisions of the Department of Environment and Natural Resources.  Although a bill was introduced that would have increased the staffing it was not made part of the Budget.  Representative Insko further advised that she will be reviewing the Council Resolution on this request prior to the May Legislative Session and that it may be considered in the upcoming session.

 

Other Legislation of Interest

 

The General Assembly enacted other bills that authorize or require modification to local ordinances and policies.  These include:

 

1.      An amendment to State Law to authorize a local ordinance to require drug testing of persons applying for Town taxicab driving permits. 

2.      An amendment to State Law to authorize a local ordinance to require criminal history checks of applicants for Town employment. 

3.      An amendment to State Law to protect governmental operators of skateboard facilities from liability if certain equipment and safety standards are followed. 

 

(These are currently being reviewed by Town Staff for possible modification of administrative policy or recommendation to the Council for changes to Town Code.) 

 

4.      An amendment to State Law to require local policy changes for use of sick leave if emergency personnel have an adverse medical reaction to a smallpox vaccination.  (The policy, required to be in place by September 10, was implemented by changes to current administrative personnel policies.)