Posts Tagged ‘legislation’

Disaster Recovery Legislation Imposes Building Permit and Inspection Fee Moratorium Effective NOW

Wednesday, October 17th, 2018

By a unanimous vote in both chambers on Monday evening (October 15th), the General Assembly quickly approved and Governor Cooper signed legislation appropriating almost four hundred million dollars in disaster relief for communities and individuals impacted by Hurricane Florence.  The full text of Senate Bill 3 (SB3), the 2018 Hurricane Florence Disaster Recovery Act, is […]

Companies that Boycott Israel – New Contracting Limitation But No Action Required Yet!

Thursday, August 17th, 2017

During the final week of the recently adjourned 2017 legislative session, the General Assembly enacted S.L. 2017-193 (H161), “Divestment from Companies that Boycott Israel.” This legislation created a new Article 6G of Chapter 147 prohibiting the investment of state funds in or governmental contracting with any company that boycotts or is involved in a boycott […]

HB2 Reset Beyond Bathrooms . . . Local Government Contracting Limitations Repealed

Thursday, March 30th, 2017

Earlier today the General Assembly passed H142 (S.L. 2017-4), Reset of S.L. 2016 repealing HB2 (S.L. 2016-3), the Public Facilities Privacy and Security Act, which was enacted during a special session held in March 2016.  In repealing HB2, H142 enacts a new statute preempting state agency and local governments from regulating access to multiple occupancy […]

Beyond Bathrooms – Special Session Legislation Impacts City and County Contracts

Thursday, March 24th, 2016

UPDATE March 2017:  See this post for a discussion of the impact of HB2’s repeal on city and county contracting authority. UPDATED April 2016:  See Trey Allen’s blog post update for information on a recent 4th Circuit ruling that has bearing on HB2 (Title IX discrimination claim involving a transgender student’s use of bathrooms in […]

Leasing Government Property 2015 Legislative Changes: Notice Requirements and Communications Towers

Friday, September 25th, 2015

What do the time frame for providing public notice of a lease of government property and leasing government property for communications towers have in common? Changes to the statutory requirements for both are included in legislation that became law earlier this week. Section 9 of S.L. 2015-246 (H44) amends G.S. 160A-272, the statute that generally […]

Origins of Legislation to Reorganize and Modernize NC Planning and Development Regulation Statutes

Wednesday, April 8th, 2015

UPDATE:  Post updated 11/17/21 to incorporate statutory updates. The bill discussed below was not adopted in the 2015 or 2017 sessions, but a substantially similar bill was adopted in 2019.  It is S.L. 2019-111 (Part II, S. 355) and is now in effect. More details and an annotated version of the adopted legislation is online […]

NC Local Governments, Meet Your New State Partner for Economic Development

Tuesday, September 16th, 2014

North Carolina local governments have a new partner in their economic development efforts. Session Law 2014-18 authorizes the North Carolina Department of Commerce to enter into a contract with a nonprofit entity in order to carry out many of the Department’s economic development recruiting and marketing functions for the state. The nonprofit entity has already […]

Adjournment Sine Die

Friday, August 22nd, 2014

On August 20, the North Carolina General Assembly adjourned sine die (Joint Res. 2014-8). The term sine die is from the Latin “without day;” this type of resolution means that the legislature did not set a date to return to Raleigh to continue the work of this legislative session. The House and Senate were considering […]

New Construction Contractor Prequalification Requirements

Tuesday, July 29th, 2014

Since 1995, local governments have had express statutory authorization to prequalify bidders for public construction contracts under G.S. 143-135.8. If you look to this statute for guidance on the criteria or process to be used for prequalifying bidders, you will find the following: “Bidders may be prequalified for any public construction project.” That’s it? That’s […]

File or Get Fined: New Penalties for Violating MPO/RPO Ethics Disclosure Requirements

Wednesday, July 23rd, 2014

If you are a local government official who serves on the TAC of a MPO or RPO, recently enacted legislation makes you subject to civil fines and potential criminal prosecution for failing to file or filing incomplete your SEI and RED. Huh? If you know what this means, you definitely should keep reading. Even if […]

Sidewalk Dining: Some Questions and Answers

Friday, September 13th, 2013

Imagine a balmy autumn evening. You and your family or friends have plans to go out for dinner. The restaurant that you have in mind offers you the chance to grab a table outdoors on the sidewalk. Have you ever wondered about what arrangements are made by the restaurant and governmental agencies to make “eating […]

E-Verify Requirements Apply to Public Contracts – NOW!

Wednesday, September 4th, 2013

UPDATE:  The General Assembly amended the E-Verify contracting prohibition for cities and counties during the 2014 legislative session.  Under Section 13 of S.L. 2014-119,  which went into effect on October 1, 2014, the E-Verify contracting prohibition now ONLY applies to purchase and construction or repair contracts in the formal bidding ranges (i.e., those subject to […]

New Ethics Requirements for Local Transportation Planning Organizations – Round 2

Friday, June 28th, 2013

During the 2012 short session, the General Assembly enacted legislation that covered members of local transportation planning groups, known as RPOs and MPOs, under the State Government Ethics Act (GS Chapter 138A), the same ethics laws that apply to many state officials (for more about MPO’s and RPO’s and last year’s legislation, see this previous […]

2013 Public Purchasing and Contracting Legislative Update – What’s Hot and What’s Not

Thursday, June 6th, 2013

The General Assembly’s crossover deadline has come and gone, so now is a good time to pause and take stock of pending legislation affecting public purchasing and contracting.  Bills proposing changes to our state’s public contracting statutes include authorizing design-build and public private partnership construction contracts, authorizing local preferences, and requiring E-Verify by construction contractors. […]

2012 Emergency Management Legislative Wrap-up: Big Changes Ahead

Tuesday, July 17th, 2012

During the 2012 Session, the North Carolina General Assembly enacted significant legislation that completely reorganized and updated the state’s emergency management statutes, extended the legal length of law enforcement and emergency management vehicles, and created the criminal offense of terrorism.  What do these legislative actions mean for North Carolina emergency managers and local governments?

Annexation Reform: Referendum Replaces Petition to Deny

Thursday, June 28th, 2012

In 2011, the legislature substantially revised the annexation laws. Among other changes, the 2011 annexation reform law, summarized here, gave property owners in the annexed area the ability to petition to deny the annexation. These changes applied to annexations in process on or initiated after the effective date of the law. In addition, by separate […]

Look, up in the sky! It’s a bird, it’s a plane, it’s . . .

Friday, January 20th, 2012

Harry Potter and those Twilight vampires need to move over and make room for a new literary superhero.  The mighty local government tax collector returns to the best seller lists this week after a fourteen-year absence with the release of my new book, Fundamentals of Property Tax Collection Law in North Carolina. That’s right, I […]

Does the Board Have to Approve This?

Thursday, August 18th, 2011

A frequently asked question if there ever was one. It would be nice if the statutes that govern local government activities were consistent and clear about what specific decisions or activities require governing board approval. No such luck. But there are a few key pieces of information that can help answer the question.  This blog […]

Local Governments and the Special Status of Bona Fide Farms

Wednesday, August 17th, 2011

UPDATE September 2013:  In 2013 the General Assembly expanded the scope of the bona-fide-farm exemption in several respects.  S.L. 2013 – 347 amends G.S. 153A-340 to provide that exempt activity includes agricultural activity associated with a farm “and any other farm owned or leased to or from others by the bona fide farm operator, no […]

New Requirements for “Owner-Contractor” Building Projects

Wednesday, July 27th, 2011

One of the bills enacted by the General Assembly this session imposed new requirements for “owner-contractor” building construction projects.  S.L. 2011-376 (HB 648) is summarized in the Purchasing and Contracting Legislative Wrap-up blog post and the 2011 Purchasing and Contracting Legislative Summary.  Since the law’s enactment, a number of questions arose about these new requirements.  […]

2011 Purchasing and Contracting Legislative Wrap-Up

Friday, July 1st, 2011

The North Carolina General Assembly adjourned on June 18, 2011  and will reconvene next month on July 13th.  When it reconvenes in July, the legislature will only consider a narrow list of bills, namely redistricting, election laws, legislative appointments to boards and commissions, bills vetoed by the governor, and bills already in conference (Res. 2011-9).  So, unless the […]

The Business of Legislating: How Much Has It Changed This Year?

Wednesday, June 29th, 2011

When the General Assembly convened on January  26 and the Republican party held a majority in both chambers for the first time in over a century, everyone expected things to be different: new leadership, revamped procedures, and shifting legislative priorities. Now that we are five months into the session and the legislature has recessed for a few […]

State Ethics and Lobbying Laws – When Do They Apply to Local Government Lobbying?

Wednesday, April 27th, 2011

Two related chapters in the North Carolina General Statutes govern the spending of money to influence state officials.  The State Government Ethics Act (G.S. Chapter 138A) sets ethical standards for the state officials themselves, and the lobbying laws (G.S. Chapter 120C) govern interactions between these officials and those who seek to influence their decision-making – in […]

Local Tax Legislation Round-Up

Thursday, April 14th, 2011

Just like a box of chocolates, you never know what you’re going to get from the General Assembly.  The current legislative session is only a couple of months old and already we’ve gotten booze-filled chocolates, an official herring festival, and maybe even our very own North Carolina currency. (In the spirit of bi-partisanship, I’m pulling for […]

The 2011-2012 Session Begins: A Refresher on the UNC School of Government’s Legislative Resources

Wednesday, January 26th, 2011

This post is co-authored with Christine Wunsche, the Director of the School of Government’s Legislative Reporting Service and Editor of the Daily Bulletin As today marks the opening day of the 150th session of the General Assembly, we wanted to remind our readers about some of the resources available from the UNC School of Government […]

2010 Public Health Legislation: Vaccines and Pimiento Cheese

Tuesday, August 10th, 2010

I am in the process of coordinating the Local Government Legislative Review Webinar scheduled for this Thursday, August 12 from 10-12 (it’s not too late to register!).  We have a fantastic and diverse lineup of presenters talking about everything from ABC changes to zoning for video sweepstakes.  As the faculty coordinator for the program, I […]

New Life for Old Development Approvals

Friday, August 28th, 2009

UPDATE September 2013: The permit extension law was subsequently extended an additional year. For a review of the extension, click here.  The law has now expired. For a review of the impacts of the expiration, click here. One consequence of the depressed economy of the past few years was the demise of previously approved development […]

The Revaluation Revolts of 2009

Thursday, August 6th, 2009

Property tax revaluations conducted in the midst of the national economic crisis ignited an explosion of taxpayer outrage across the state in early 2009.  Assuming the local housing market woes continue, counties implementing revaluations in the next few years would be wise to learn from this year’s experience and prepare for similar taxpayer unrest.  The […]