June 2, 2000 * Issue No. 4 * The
2000 Short Session
This is the text-only version of the
Bulletin, with no pictures or graphics
Member Alert: Your Response
Requested
On Two Critical Issues,
NCCBI -- And You -- Must Speak Up
NCCBI's
influence in state politics -- meaning, the
collective influence the association exerts for
its 2,000 members -- was acknowledged twice this
week in Raleigh's politically savvy newspaper,
the News & Observer. It's nice to get your
name in the paper, but now NCCBI and its members
must show we deserve the credit so we can go on
to win on two important issues we're advocating
-- passage this fall of the $3.1 billion bond
issue for higher education facilities and a
constitutional referendum on legislative session
limits. The bottom line is, it is critical that
you get involved in supporting both these issues.
On the opinion page of Sunday's N&O,
Associate Editor Steve Ford said:
“Who's to complain that Phil Kirk, who wears
two 10-gallon hats as president of North Carolina
Citizens for Business and Industry and also as
chairman of the State Board of Education, will
head up the campaign to win approval of the big
university/community college bond issue this
fall? Don't look at me. The bonds need to pass,
and Kirk has the savvy and clout to make sure
they do.
“With all that horsepower behind it,”
Ford adds, “this drive to pass the largest
bond issue in Tar Heel history has the makings of
a blowout success.” That's an admittedly
optimistic view, he continues, but “victory
on the bonds would be consistent with what seems
to be a general pattern: What the business boys
want, the business boys tend to get.”
Later in the column he grudgingly admits that
what the business boys want is also what the
N&O has solidly supported over the years.
Better public schools. A nationally recognized
system of higher education. A booming economy
that lifts all boats. Efficient, effective state
government. Better teacher pay. Smart Start. The
list goes on.
Then in Friday's Under the Dome column, Raleigh's
most reliable source of hot political news, the
House and Senate leaders said it's up to NCCBI
whether the legislature passes session limits.
"I'm ready to run the session limits
bill," House Speaker Jim Black said in the
column. "That doesn't mean I'm going to try
to round up the votes to pass it. We'll run it
when N.C. Citizens for Business and Industry say
they have the votes." Black first issued
this challenge -- departing from his prepared
text to do so -- when he spoke at NCCBI's
Legislative Conference three weeks ago.
Dome said Black knew an informal head count by
NCCBI showed that 49 of 80 House members surveyed
would vote for session limits. "We're very
pleased with the positives," Kirk said.
"We haven't gotten very many hard no's, but
a lot of undecideds.”
"I need to know if this is something we're
going to try to do," Black told Dome. He
said there might be -- and he emphasized
"might" -- the required 72 votes in the
House to place on the ballot a constitutional
amendment limiting the length of sessions.
Do we have the votes? We will if enough NCCBI
members contact their legislators and urge them
to support session limits. Pick up the phone.
Send a fax. Send an e-mail. Button-hole them at
the grocery story. Tell them North Carolina's
doesn't want professional politicians running a
General Assembly whose sessions run on for months
and months. We want to keep our 200-year history
of a citizen's assembly where people who have
real jobs can still serve in the legislature.
North Carolina is one of a very few states that
doesn't have any limit on the length of state
legislative sessions. Texas' legislature meets
every two years. Virginia's meets for 60 days one
year, 90 days the next. In 1998 the North
Carolina legislature convened in May and stayed
in Raleigh until Halloween.
Last year, the Senate passed a bill that would
limit the legislature to meeting no more than 135
days in even-numbered years and to 60 days in
odd-numbered years. That bill is now awaiting
action in the House while House Speaker Black
waits to hear from you.
Keeping our citizens' legislature. Passing the
university and community college bonds. These are
important issues. You need to get involved to
make them happen. Together, NCCBI and its members
have helped shape a better North Carolina. Let's
not rest on our laurels, though. These are
today's challenges. We hope you respond today.
Utilities Commission Approves Natural Gas
Expansion
The State Utilities Commission on
Wednesday approved a request by CP&L and the
Albemarle-Pamlico Economic Development Corp. -- a
consortium of 14 Northeastern North Carolina
counties -- to use $38 million in state bond
money to begin offering natural gas service in
that part of the state. The commission granted a
certificate of public convenience and necessity
to Eastern North Carolina Natural Gas Co. LLC,
the venture created by CP&L and the counties.
The commission authorized a 12.1 percent profit
margin for the entity.
The money comes from proceeds of a $200 million
bond referendum approved by voters in 1998 to
provide grants and other inducements to providers
so they will find it more economically feasible
to offer gas service in unserved areas of the
state.
However, the Utilities Commission cut the request
for bond money from $44.2 million to $38.8
million on grounds that $4.5 million of the
request was to be used for economic development
activities not directly related to laying gas
distribution lines. CP&L said the $38.8
million that was approved isn't enough and the
company may have to re-evaluate its plans. The
money approved represents the negative net
present value of the first phase of the proposed
project.
The proposed 231-mile gas system would be
connected to Transcontinental Gas Pipeline
Corp.'s system in Hertford County and run
eastward through Gates, Chowan, Perquimans,
Pasquotank, Camden and Currituck counties in the
northeastern corner of the state.
CP&L, which entered the gas business last
year when it bought N.C. Natural Gas Corp., would
construct and operate the new gas system on
behalf of Eastern. The Raleigh-based utility also
would be in charge of customer service.
Thirty-four North Carolina counties do not have
any piped natural gas service.
Line-up
Now Set for Fall Elections
Rep. Cherie Berry (R-Catawba)
defeated China Grove Alderman John Miller in the
May 30 GOP primary run-off for state Labor
Commissioner, while Guilford County tobacco
farmer Steve Troxler defeated Durham agribusiness
consultant Tom Davidson in the run-off for state
Agriculture Commission.
Turnout of Republican voters in the second
primary was barely 5 percent statewide. Not a
single voter went to the polls in Currituck,
Macon and Montgomery counties, and 100 or fewer
GOP voters bothered to vote in several other
counties.
Berry, who beat Miller 57% to 43%, will face
Democrat Doug Berger in the fall general election
for the right to succeed Labor Commissioner Harry
Payne, who did not seek re-election to a third
term. Troxler, who garnered 60 % of the vote,
will face Meg Scott Phipps for the right to
succeed retiring Agriculture Commissioner Jim
Graham.
Meanwhile, former Davidson County Commissioner
Stan Bingham won the GOP nomination in the 38th
Senate District. He defeated Larry Potts, the
current Davidson commissioners' chairman.
Bingham, who trailed by 70 votes in the May 2
primary, won 3,085 votes to Potts' 1,628. He will
face Libertarian Michael Smith in the fill, but
no Democratic opposition.
In a Democratic runoff in the 49th House
District, David Huskins, a member of the NCCBI
Board of Directors, beat former Rep. Annette
Bryant, 1,307-1,113, and will face incumbent Rep.
Mitch Gillespie (R-Burke).
Liquor-by-the-drink passed in two cities.
Lincolnton voters approved mixed-drink sales,
1,565-1,231, as turnout topped 45 percent. In
Claremont, 32 percent of voters turned out and
approved mixed drinks 177-144.
State
Government News Briefs
Cutting Red Tape: The Senate
Judiciary II Committee on Thursday spend several
hours discussing and hearing public comments on
H. 968 Amend Contested Case Procedures. The bill,
which is co-sponsored by Reps. Martin Nesbitt
(D-Buncombe), Connie Wilson (R-Mecklenburg) and
David Redwine (D-Brunswick), is strongly
supported by NCCBI and is on this year's list of
hot topics the association is following. The
measure would simplify the administrative review
process by making the decisions of the
Administrative Law Judges (ALJ) final. Contested
cases would continue to be commenced and
conducted as they are under current law. However,
once the ALJ makes a decision it will be the
final administrative decision, rather than merely
a recommendation as it is now. The bill also
amends the Administrative Procedures Act to allow
agencies to seek judicial review of
administrative decisions by which they are
aggrieved, in the same manner as now applies to
petitioners. Speaking on behalf of NCCBI in
support of the bill, Leslie Bevacqua, vice
president of government affairs, said that
“approval of this bill will make the process
cleaner and we believe it is also a faster and
fairer process. Time is a real factor for all
businesses. One of the most frequent complaints
we hear from our member companies is the amount
of time it takes to process permits and the time
it takes to get decisions. By making the decision
of the ALJs final, it could cut as much as nine
months out of the process and that would be a
positive thing for everybody. The main opposition
to the bill has come from state agencies which
believe this would dilute their power. Gov. Jim
Hunt has threatened to veto the bill if it passes
in its current form. Other groups supporting the
proposal include the N.C. Home Builders
Association, the N.C. Forestry Association, the
N.C. Academy of Trial Lawyers, the N.C.
Association of Realtors, the N.C. Retail
Merchants Association, the Manufacturers and
Chemical Industry Council, the National
Federation of Independent Businesses and a number
of other associations. The committee will
probably vote on the bill next week.
Senate Passes Million-Acre Bill:
Gov. Jim Hunt on Wednesday praised the Senate for
its quick action in approving legislation to
place the goals of his Million Acres initiative
into state law, and urged the House to act
accordingly to begin the effort to preserve an
additional one million acres of open space in the
state by 2010. The legislation, S. 1328 Million
Acre Open Space Goal, was sponsored by Sen.
Fountain Odom (D-Mecklenburg) and appropriates no
money for the land-preservation effort. Odom said
the lack of money is the "only
drawback" to the bill. "We all
recognize the fact that North Carolina is
experiencing unprecedented growth. We expect an
addition 2 million people to become residents of
this state by 2020," he told reporters. Sen.
Bob Carpenter (R-Macon) cast the only vote
against the bill. He said he fears the program
will lead to government takeovers of private
property, such as when the state condemned land
surrounding a state forest in Transylvania
County. The Senate vote came a day after a budget
subcommittee cut $1 million the governor had
proposed for farmland preservation. "This is
a tough budget year, and we simply can't afford
to do everything we would have liked," Hunt
said. "But the whole idea of the Million
Acres initiative is to get as many segments of
our society as we can working in partnership to
preserve our open space and quality of
life." About 2.8 million acres, the majority
in state and national parks and forests, already
is set aside from development in North Carolina.
The total constitutes about 8.6 percent of the
state's land mass, and preserving one million
additional acres would bring the total to about
12 percent. Rep. Phil Baddour has introduced
similar legislation in the House.
House Panel Debates Four-Year Terms:
The House Rules Committee on Wednesday debated
but took no action on legislation calling for a
constitutional referendum on giving legislators
four-year terms. The bill, H. 98 Four-Year Terms
for Legislators, by Rep. Ronnie Sutton
(D-Robeson) comes 18 years after North Carolina
voters soundly defeated the idea of extending
legislators' terms from two years to four years.
"My concern, more than anything else, is
constantly having to campaign and constantly
going to people, whether in person or by mail,
and asking for their support, both at the polls
and financially," Sutton said. A similar
bill passed the Senate last year. Itis pending in
the House would extend senators' terms to four
years and impose a limit on the number of days of
the General Assembly can remain in session each
year. Rules Committee Chairman Bill Culpepper
(D-Chowan) said his panel would also take up that
measure. Constitutional amendment bills must
receive a three-fifths vote to pass the General
Assembly.
House Panel OKs Telephone Solicitations
Bill: The House Public Utilities
Committee on Wednesday approved a bill, H. 1493
Control Telephone Soliciations, that would impose
rules on when solicitors could call residences
and require that they disclose their identity.
The measure by Rep. Gordon Allen (D-Person) would
require intrastate telephone solicitors to state
their names and the identity of the business at
the beginning of the call; provide the phone
number and address the telemarketer is calling
from; end the call if the recipient does not
consent; and remove the person from contact lists
if asked to do so. Calls could not be made
between 9 p.m. and 8 a.m. Telemarketers who
violate the law could face a $500 civil penalty.
Floyd's Toll: In two days
Hurricane Floyd did enough damage in Eastern
North Carolina to wipe out an entire year's worth
of homeowner's insurance premiums for all of
North Carolina, insurance industry officials told
the Senate Insurance Committee on Wednesday.
Insurance industry representatives said companies
selling property insurance collected $771 million
in premiums in the state in 1998. Losses from
Hurricane Floyd totaled $400 million for private
companies and $373 million for the federal flood
insurance program.
Toll Roads Discussed: The House
Transportation Committee on Wednesday debated but
took no action on a bill that would allow six
pilot-project toll roads in the state -- three
built by the state and three privately owned. The
legislation, H. 1630 Toll Roads, by Rep. Jim
Crawford (D-Granville) doesn't specify locations
for any of the pilot projects, but witnesses said
a proposed bridge over the Catawba River between
Gaston and Mecklenburg counties would be the
leading contender for a privately built toll
road. The bridge would carry commuters from
southern Gaston County to downtown Charlotte. The
General Assembly traditionally has rejected toll
roads, but a cash shortage has made them more
appealing.
Federal Government News
OSHA
Irate Over Ergonomics Vote
Officials
at the U.S. Department of Labor are irate that
Congress is again stepping in to control the
agency's rush to adopt national ergonomic
workplace rules. The agency isn't commenting
publicly on last week's vote by the House
Appropriations Committee to bar the agency from
spending a nickel to implement ergonomics rules
during the coming fiscal year. However, insiders
are saying that the agency is attempting to
persuade the White House to get into the fray.
The House panel voted 32-22, largely along party
lines, to adopt an amendment to the Labor
appropriations bill offered by Cong. Anne
Northrup of Kentucky that says: "None of the
funds made available in this act my be used by
the Occupational Safety and Health Administration
to promulgate, issue, implement, administer, or
enforce any proposed, temporary, or final
standard on ergonomic protection."
The committee then approved funding for OSHA at
$381 million, $44 million below the president's
request. The spending measure is part of the
larger appropriations bill for the Labor, Health
and Education departments totaling $327 billion.
Some Democrats sympathetic to OSHA's cause said
they will challenge the provision on the House
floor later this month.
OSHA, under pressure from organized labor, issued
a 1,000-page proposed rule on ergonomic
(repetitive motion) disorders last November. The
rule, which applies to all manufacturers and up
to 5.5 million workplaces nationwide, could cost
U.S. firms between $8 billion and $18 billion.
Key provisions would require employers to set up
a comprehensive ergonomics program if just one
musculoskeletal disorder (MSD) is reported; and
require manufacturers to compensate employees
with MSDs 90 percent of pay and 100 percent of
benefits during their absence from work.
Nationally, MSDs are down 17 percent over three
years. Opponents argue that the federal
government should wait until an $890,000
scientific study of the causes of MSDs is
available later this year. In August 1999, the
House narrowly approved legislation requiring
OSHA to wait for the scientific study results.
Reports Show Economy Slowing: Two
economic reports issued on Wednesday confirm that
the economy's rate of growth is slowing down. The
Conference Board reported that the index of
leading economic indicators declined by 0.1
percent in April, and the Department of Commerce
said that housing sales declined by 5.8 percent.
"Growth is slowing like a car in a school
zone: Its engine is still revved up, but the
vehicle itself is traveling at a lower
speed," the NAM said. "These numbers
confirm the emergence of a slowdown, especially
in the wake of last week's data showing a decline
in orders and slower consumer spending. The
leading indicators demonstrate that the slowdown
is broad-based. There was a decrease in new
orders for consumer goods, pointing to a falling
off in demand, while building permits declined,
indicating that higher interest rates are slowing
construction. The fall in home sales shows that
there will be fewer home purchases and less
construction in the face of higher mortgage
rates. In the face of this new evidence, nobody
can seriously argue that the rate increases have
failed to slow the economy. There is now
virtually no danger that the economy will
overheat," the NAM concluded.
House Actions: The House Ways
and Means Committee on May 25 approved a bill,
H.R. 8, to phase-out the federal estate and gift
tax over the next 10 years. Congress passes a
similar bill last year but it was vetoed by
President Clinton. . . .The House voted 420-2 on
May 25 in support of a measure to abolish the 3
percent telephone excise tax, which was first
imposed in 1898. The excise tax currently is
imposed on both home and business phone bills for
local and long-distance service. It was
originally enacted as a temporary tax, but has
been raised, lowered and extended over the past
102 years. Repeal of the excise tax was one of
the majority recommendations submitted to
Congress last month by the Advisory Commission on
Electronic Commerce (ACEC).
Census Count Rising: Census
Bureau Director Kenneth Prewitt reported Thursday
that in every region of the country 90 percent or
more of U.S. housing units have been accounted
for -- meaning that a census form has been
received for a unit or it has been identified as
vacant. Some 66 percent of households mailed in
their questionnaires, and field efforts to obtain
information from households that did not respond
are about 70 percent complete.
E-tail Increases: The data for
retail e-commerce sales in the first quarter of
this year show that e-retail continues to grow,
the U.S. Commerce Department said Thursday.
E-tail sales increased from $5.198 billion in the
fourth quarter of 1999 to $5.260 billion in the
first quarter of this year, an increase of 1.2
percent. Over the same period, total retail sales
including e-tail declined 8.9 percent, from
$821.35 billion in the fourth quarter of last
year to $747.84 billion in the first quarter of
this year. The fall in retail sales from the
fourth to the first quarters is normal,
reflecting the end of holiday buying. The
continued growth of e-tail commerce indicates
that on-line retail purchasing is not merely or
primarily an end-of-year holiday phenomenon. The
relative strength of online retail commerce,
compared to all retail sales, was evident across
industry categories, including computers, autos,
books, sporting goods and catalogue sellers.
E-tail commerce represents a very small share of
all retail sales, 0.70 percent in the first
quarter. However, this compares to 0.63 percent
in the fourth quarter of 1999. Therefore,
e-tail's share of all retail sales grew 10
percent from the fourth quarter to the first
quarter.
Corporate Support for Wetlands:
U.S. Department of Commerce Secretary William M.
Daley on Thursday inaugurated the National
Corporate Wetlands Restoration Partnership, a new
first-of-its-kind public-private program
combining corporate contributions with federal
and state funds to restore the nation's
environmentally valuable wetlands and other
aquatic habitats. The Gillette Company and the
National Association of Manufacturers, founding
partners of the program, worked with the federal
office of Coastal America to create the National
Corporate Wetlands Restoration Partnership. The
partnership expands a program initiated in
Massachusetts last year by Gillette, the
Massachusetts Executive Office of Environmental
Affairs and the U.S. Environmental Protection
Agency. The program was extended to all New
England states earlier this year. Secretary Daley
said, "Recognizing the value of this unique
public-private partnership, Gillette and the
National Association of Manufacturers have agreed
to take the program nationwide working through
the Coastal America Partnership. These efforts
epitomize the benefits that can be accomplished
through public-private partnerships that bring
together our collective resources to meet a
common goal." The Massachusetts Partnership
now has 17 corporate partners who have
contributed a total of $1 million in funds and
in-kind services. One restoration project is
already underway in Massachusetts, and several
others are in the planning stage.
Bills
of Interest Introduced This Week
Senate Bills
S 1497 LAKE JAMES STATE PARK FUNDS. Appropriates
$5,000,000 for 2000-2001 from General Fund to
Department of Environment & Natural Resources
as title indicates. Effective July 1, 2000.
Introduced by Metcalf and Carter. Referred to
Appropriations
S 1501 AMEND CLEAN WATER TRUST FUND (=H 1815).
Changes the method of allocation in the Clean
Water Trust Fund. Identical to H 1815, introduced
5/30/00. Introduced by Rand. Referred to
Agriculture. See House bill below.
S 1502 INCREASE FEES/INVESTMENT ADVISOR. Amends
GS 78C-16(b1) to allow investment adviser
representatives to be registered with more than
one investment adviser if purpose is to solicit,
offer, or negotiate sale of investment advisory
services for investment advisers. Requires such
representatives to register separately for each
investment adviser for whom business is solicited
and to disclose to each person solicited any
compensation arrangements to extent required by
Sec' y of State. Also amends GS 78C-17(b) to
increase the registration fee from $45 to $55 for
investment adviser representatives. Effective
Oct. 1, 2000. Introduced by Harris. Referred to
Finance
S 1506 COURT COSTS FOR TECHNOLOGY (=H 1854).
Amends various sections of GS 7A to raise fees
for district and superior court criminal, civil,
special proceeding and estate cases by $4 per
case. Raises General Court of Justice fee in
small claims cases by $5 per case. Raises minimum
fee for each annual filing for trust created
under will and for each filing indicating
additional assets in gross estate of decedent by
$5. Raises fee for probate of will without
personal representative by $3. Raises fee for
administration of decedent' s estate by affidavit
by $4. Raises fee assessed in foreclosure by $10.
With exception of increase fees for
administration of estate by affidavit, amount
equal to fee increase to be credited to Court
Information Technology Fund under GS 7A-343.2.
Effective July 15, 2000 and applies to costs
assessed or collected on and after that date.
Introduced by Hoyle, Hartsell, Kerr and Odom.
Referred to Appropriations
S 1507 MODIFY BILL LEE ACT. Identical to H 1814
(detailed below), introduced 5/30/00. Introduced
by Hoyle. Referred to Finance
S 1510 SIMPLIFY TAX LAWS. Repeals SL 1999-414,
which, effective January 1, 2001, adds GS
105-163.2A to require parties paying out pensions
to withhold state income tax in some instances.
Introduced by Webster. Referred to Rules
S 1512 CLEAN WATER TRUST FUND/ADDITIONAL FUNDS.
Directs State Controller to not reserve any of
unreserved credit balance in General Fund to
cited fund at end of fiscal 2000-2001. Effective
July 1, 2001, amends GS 143-15.3B to direct
legislature to appropriate $40,000,000 per year
to fund; amends same statute in 2002 to raise
annual amount to $70,000,000 and to $100,000,000
in 2003. Deletes statutory requirement that a
portion of unreserved credit balance in General
Fund be credited to fund. Effective June 30,
2001. Introduced by Robinson, Carter and Metcalf.
Referred to Appropriations
S 1513 SCHOOL CALENDAR LAW CHANGES (=H 1847).
Amends GS 115C-84.2(a)(1) to require each local
board of education to adopt a school calendar of
220 days per fiscal year, which shall include
either 180 days or 1,000 hours of instruction
covering at least nine calendar months. One
thousand hours shall be considered the equivalent
to 180 days for the purpose of computing the
minimum number of instructional days required by
subdivision and for the purpose of computing the
number of instructional days worked by teachers.
Amends GS 115C-84.2(c) to provide that during any
period of emergency or state of disaster which
requires (i) the evacuation of all or part of the
population from any stricken or threatened area
or (ii) severe limitations on nonessential
vehicular traffic in or to the area, the Governor
may order the closing of public schools in the
area. Hours or days the schools are closed
pursuant to this section shall be counted as
instructional hours or days, and they do not have
to be made up by students or teachers and do not
affect teacher pay. Introduced by Lucas. Referred
to Education
S 1514 OVERWIDTH PERMITS. Required the DOT to
issue special permits for the transit of
manufacturing housing up to 16 feet in width;
sets a fee of $12 for single trip and $60 for
annual permit. Introduced by Albertson. Referred
to Finance
S 1520 ADDITIONAL FLEXIBILITY/COMM. COLL. FUNDS.
Deletes provision in S.L. 1999-237 sec. 9.5 (1999
Appropriations Act) requiring funds appropriated
for salary increases to be used only for salary
increases and necessary employer contributions.
Introduced by Hagan. Referred to Education
S 1525 BEACH NOURISHMENT/CLEAN WATER FUNDS.
Specifies that the Clean Water Management Trust
Fund can make grants for beach nourishment
projects. Introduced by Ballantine. Referred to
Agriculture
S 1526 GOOD ROADS FOR NORTH CAROLINA (=H 1836).
Appropriates $45,000,000 for fiscal 2000-2001
from Highway Fund to Department' t of
Transportation for additional contract
resurfacing. Directs Department' t to study ways
of incorporating measures of maintenance needs
into allocation formulas for maintenance funds,
with report to Legislative Transportation
Oversight Comm' n no later than Dec. 1, 2000.
Introduced by Foxx and Carpenter. Referred to
Transportation
S 1527 STATE HIGHWAY PATROL REIMBURSED SPECIAL
SERVICES. Requires Department to study
implementation of a program for reimbursement to
the State of costs for added services provided by
the State Highway Patrol at various categories of
scheduled events organized and operated by
private, for-profit corporations. Department to
report results of study to Joint Legislative
Transportation Oversight Committee by December 1,
2000. Introduced by Foxx. Referred to
Appropriations
S 1534 UNC NONAPPROPRIATED CAPITAL/REV. BONDS (=H
1853). Authorizes the construction and financing,
without appropriations from the General Fund, of
certain capital improvement projects at UNC
System campuses, and amends the laws regarding
certain revenue bonds that may be issued by the
Board of Governors. The capital improvements
projects authorized are:
1. Appalachian State University
New Dining Hall – Supplement $9,569,744
Steam Distribution – Reconstruction
$3,109,200
2. East Carolina University
West End Dining Hall – Supplement $5,089,700
3. North Carolina School of the Arts
Technology Infrastructure – Residence Halls
$1,000,000
4. North Carolina State University
Expansion of Parking Facilities $9,000,000
Centennial Campus Infrastructure $18,780,000
Centennial Campus Tenant Upfits $6,750,000
5. UNC-Asheville
New Residence Hall – Supplement $3,720,800
6. UNC-Chapel Hill
Sonja H. Stone Black Cultural Center $9,000,000
7. UNC-Charlotte
Alumni Center $3,300,000
8. UNC-Greensboro
Parking Deck $11,000,000
9. UNC-Pembroke
Dining Hall Addition $750,000
Amends GS 116-187 to authorize issuance of bonds
to pay for projects or for nonprofit corporations
providing such projects. Amends definition of
“institution” at GS 116-189(4) to
include the UNC Health Care System and UNC
General Administration. Amends GS 116-189(5) to
revise definition of term “project.”
Amends GS 116-190(8a) to provide that in
connection with contracts with nonprofit
corporations, (i) to use alternative contracting
methods, (ii) to direct that insurance be
provided by the nonprofit rather than the State,
and (iii) to contract with certified
code-compliance reviewers, with no other reviews
by State or local jurisdictions required.
Introduced by Kerr. Referred to Finance
S 1542 VIDEO POKER MACHINES ILLEGAL. To make
possession of more than three video poker
machines on one premise illegal in North Carolina
and to impose a privilege tax on all video poker
machines. Introduced by Wellons. Referred to
Finance
S 1543 REDUCE PAPERWORK IN PUBLIC SCHOOLS-1 (=H
1848). Amends GS 115C-307(g) to require that
teachers in public schools be given access to
information in the Student Information Management
System. Prohibits local school boards from
requiring teachers to provide information that is
already in information system, or from providing
same information more than once a year, or to
complete forms related to federal Individuals
with Disabilities Education Act unless the form
is required by the federal government. Allows
local school board to require information twice
if it shows a compelling need to do so. Amends GS
115C-47(18) to eliminate duplicate and obsolete
reports required of teachers, and to require
board to establish a paperwork reduction
committee. Directs State Board of Education to
review reports it requires from local boards to
see if any are duplicative or obsolete, to
develop plan for paperless student information
system by 2005-2006 school year, to work with
federal education department to standardize forms
required in cases involving disabled students, to
study use of funds to comply with state and
federal laws on education of students with
disabilities, and to develop plan to reduce costs
in such compliance matters by 50% for 2001-2002,
and to use only federal funds for such compliance
by 2002-2003 school year. Requires report to
Legislative Education Oversight Committee by Dec.
15, 2001. Appropriates $20,000 from General Fund
to State Board for 2000-2001 to conduct study.
Effective July 1, 2000. Introduced by Dalton.
Referred to Education
S 1544 TOURIST DIRECTIONAL SIGN PROGRAM. Requires
DOT to implement a tourist oriented directional
sign (TODS) program. Defines a TODS as a guide
sign displaying business identification and
directional information for tourist-oriented
businesses, services, and activities. Specifies
eligibility criteria for businesses to be
included on signs and requires DOT to issue rules
dealing with, among other things, fees for cost
of signs; size, color, and letter height of
signs; and number of panels per sign.
Appropriates $10,000 from General Fund to DOT for
2000-2001 to implement program. Effective July 1,
2000. Introduced by Garrou. Referred to
Appropriations
S 1552 ESTABLISH INVESTMENT ADVISORY COMM. Adds
GS 147-69.4 to create the Investment Advisory
Committee, consisting of five members who serve
staggered two-year terms. One member appointed by
Governor, and two each appointed by President Pro
Tempore of the Senate and the Speaker of the
House of Representatives. Sets forth duties of
Committee. Adds GS 147-69.5 to provide for
development of investment policy statement by
Committee that sets forth standards governing
investment of trust funds by State Treasurer.
Requires State Treasurer to meet quarterly with
Committee, and to note in annual report to
General Assembly any investment policy made
against the recommendation of the Committee.
Effective April 1, 2001. Introduced by Hoyle.
Referred to Finance
S 1554 PASS-THROUGH ENTITY/HOUSING TAX CREDIT.
Amends GS 105-129.16B to provide that a
pass-through entity that qualifies for the credit
provided in this section may allocate the credit
among any of its owners in its discretion as long
as the amount of credit allocated to an owner
does not exceed the owner' s adjusted basis in
the pass-through entity at the end of the taxable
year in which the federal credit is first
claimed. Makes provisions for forfeiture for
disposition and for change in ownership, with
exception to latter if change in ownership is
result of death of owner or a merger,
consolidation, or similar transaction requiring
approval by shareholders, partners, or members of
the taxpayer, to extent taxpayer does not receive
cash or tangible property. Provides for liability
from forfeiture. Effective for taxable years
beginning January 1, 2000, and applies to
buildings to which federal credits are allocated
on or after January 1, 2000. Introduced by Hoyle.
Referred to Finance
H 1812 NO SALES TAX ON DONATIONS. Rewrites GS
105-164.13(42) to allow exemption from sales tax
for any donation of personal property by merchant
that is removed from inventory and donated to any
entity for which contributions may be deducted
for federal income tax purposes. Introduced by
Allred. Referred to Finance.
House Bills
H 1814 MODIFY BILL LEE ACT (=S1507). Amends GS
105-129.6(a1) to provide that fee does not apply
to any credit the taxpayer intends to claim with
respect to a location that is in a development
zone as defined in GS 105-129.3A. Amends GS
105-129.13(e) to provide that there is no fee for
an application under this section. Amends GS
105-129.5 to provide that any unused portion of a
credit may be carried forward for the succeeding
15 years if the Sec' y of Commerce certifies when
an application for the credit is first made that
the taxpayer will purchase or lease, and place in
service in connection with the eligible business
within a two-year period, at least $50 million of
real property, machinery and equipment, or
central office or aircraft facility property.
Makes forfeiture provision. Amends SL 1999-237
and GS 143B-437.01(a) to provide limit use of
industrial recruitment competitive fund. Amends
GS 143B-431.2 to provide Department of Commerce
may not make a loan nor award a grant to any
individual, organization, or governmental unit in
default on Department loan. Makes conforming
changes to GS 105-129.2, 105-129.4, 105-129.7(b),
and 105-129.12. Amends GS 105-129.4(e) to add as
condition to new investment definition
requirement that business was acquired by its
employees directly or indirectly through an
acquisition company, as defined in this section.
Defines “qualified low income building”
to include those located in a county that, at the
time the federal credit is allocated to the
building, has been designated as having sustained
severe or moderate damage from a hurricane or
hurricane-related disaster, and lists counties.
Makes other conforming changes. Makes various
sections of act effective between May 1, 1999 and
January 1, 2001. Introduced by Owens and Nesbitt.
Referred to Finance
H 1815 AMEND CLEAN WATER TRUST FUND (=S 1501).
Requires that funds in the Clean Water Management
Trust Fund be allocated to 17 river basin
accounts in amount equal to the population in
that river basin on June 30 of that fiscal year
(at rate of $1.00 per person). Directs trustees
of Clean Water Fund to award grants from these
accounts for purposes described in current GS
113-145.3. Provides further that eligible river
basin association, as defined in new GS
113-145.3A(d), may apply to trustees for
authority to award grants for its river basin.
Also amends GS 113-145.6A to require river basin
associations that award grants to submit
quarterly financial reports, beginning Nov. 1,
2000, to Trustees of Clean Water Fund and
specified commissions and legislative committees.
Effective July 1, 2000. Introduced by Hurley.
Referred to Rules
H 1816 GENDER EQUITY REPORTING. Provides that in
appointing members to any statutorily created
county board of health, district board of health,
area mental health authority, board of social
services, alcoholic beverage control board, or
any other decision-making or regulatory public
office as that term is defined by GS 143-47.6(2),
the appointing authority should select, from
among the most qualified persons, those persons
whose appointment would promote membership that
accurately reflects the proportion that each
gender represents in the State, unless the law
requires otherwise. Requires annual report, by
December 1, to Sec' y of State by each comm' n,
council, committee, board, or other entity, on
forms to be provided by Sec' y. Single report to
be compiled by Sec' y and made to the Governor,
the Speaker of the House of Representatives, and
the President Pro Tempore of the Senate.
Appropriates $25,000 for 2000-2001 from General
Fund to Department of the Secretary of State.
Effective July 1, 2000. Introduced by Adams.
Referred to Rules
H 1819 RURAL REDEVELOPMENT AUTHORITY FUNDS (=S
1516). Adds Part 2D (GS 143B-437.20 through
143B-437.33) in GS Ch. 143B, Art. 10, which
creates NC Rural Redevelopment Authority and
specifies its powers, duties and purposes.
Locates Redevelopment Authority within Department
of Commerce but gives it power to employ, direct,
and supervise its personnel independently of
Secretary of Commerce. Establishes 8-member board
comprised of two members appointed by Governor,
two by Speaker, and two by President Pro tem;
Secretary of Commerce, who serves ex officio; and
CEO of Redevelopment Authority. Authorizes
Redevelopment Authority to create Rural
Investment Fund to make intermediate-term loans
to government entities and nonprofits for
self-liquidating projects, such as shell
buildings, in rural counties. Also authorizes
creation of Long-Term Rural Development Fund for,
among other purposes, acquiring and developing
property for industrial sites and industrial
parks in rural counties; providing road and
railroad improvements for such projects; and
providing fiber optic cable and other
infrastructure to accommodate high-speed Internet
access. Adds Redevelopment Authority to entities
covered by GS 120-123 (prohibiting service by
members of General Assembly on certain boards)
and 126-5(c1) (exempting certain state employees
from state personnel system). Appropriates
$250,000 from General Fund to Redevelopment
Authority for 2000-2001. Effective July 1, 2000.
Introduced by Tolson, Baddour, Redwine, and
Easterling. Referred to Ways & Means
H 1823 TOBACCO SETTLEMENT RECEIPTS BONDS. Adds GS
142-57 to provide that State Treasurer may, by
and with the consent of the Council of State,
issue and sell from time to time special limited
obligation bonds of the State to pay the cost of
State-authorized programs. Sets terms for sale of
bonds. Adds GS 142-58 to provide that any bonds
issued under this article may be secured by a
trust agreement by and between the State and a
corporate trustee, which may be any trust company
or bank having the powers of a trust company
within or without the State. Adds GS 142-59 to
provide that State is authorized to pledge all or
any portion of the settlement receipts to the
payment of the principal of, premium, if any, and
interest on bonds issued under this article, and
makes provision for limited obligations.
Introduced by Baddour, Allen, Alexander, and
Hill. Ref. to SLCTTB
H 1824 TEACHER TAX CREDIT. Adds new GS 105-151.29
to give classroom teachers in low-performing
public schools, as defined in GS 115C-105.37, a
$400 tax credit for each semester of taxable
year. Defines classroom teacher as full-time
permanent employee who spends at least 50% of
school day providing classroom instruction. For
married couple filing joint return, allows each
qualifying spouse to claim separate credit.
Effective for taxable years beginning on or after
Jan. 1, 2001. Introduced by Arnold. Referred to
Finance
H 1858 LOCAL WATER QUALITY PLANS. Creates Art. 17
in GS Ch. 113A (GS 113A-240 through 113A-244)
establishing cooperative program of water quality
management among local governments in coastal
area, local governments in the eight coastal
river basins, and state government. Creates
15-member Clean Water Comm' n within DENR,
composed of five members appointed by Governor,
five appointed by General Assembly on
recommendation of Speaker, and five appointed by
General Assembly on recommendation of President
Pro Tem. Requires that nominees be residents
within upstream counties or coastal areas and
limits number of appointees from any particular
county. Requires each local government within the
eight coastal river basins that has within its
jurisdiction a watershed that drains into the
coastal area to adopt a local water quality
management plan, which must be submitted to Comm'
n for approval. Requires plan to include, among
other things, inventory of local government' s
surface water resources, analysis of water
quality, and inventory and analysis of land uses
adjacent to water sources. Requires Comm' n to
assist local governments in developing plan. Also
requires Comm' n, after notice to local
government, to assume responsibility for water
quality management planning when the local
government fails to adopt a plan meeting Comm' n
standards or fails to enforce the provisions of
its plan. Provides for civil penalties for
failure to administer, enforce, or comply with
plan. Introduced by Culpepper. Referred to
Environment
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