Loading...
HomeMy WebLinkAboutAgenda - 05-21-1997 - 5a R 1 ` ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 21, 1997 Action Agenda Item No. S_p SUBJECT: Resolution Regarding Various Bills in the North Carolina General Assembly DEPARTMENT: County Attorney PUBLIC HEARING: (Y/1S) BUDGET AMENDMENT: (Y/1) ATTACHMENT(S): Proposed Resolutions w/Transmittal Letters INFORMATION CONTACT: NCACC Legislative Bulletin#14-97 Geof Gledhill, County Attorney NCACC Legislative Bulletin#9-97 732-2196 Text of General Assembly Bills under Consideration-H499, H949, S799, S844, S469, TELEPHONE NUMBERS: S518 Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 227-2031 PURPOSE: To consider adopting resolutions that would indicate Orange County's support for, and opposition to,various bills under consideration in the 1997 Session of the North Carolina General Assembly. BACKGROUND: The North Carolina General Assembly is considering a number of legislative proposals in which Orange County has an interest. The attached resolutions would reinforce the positions of the North Carolina Association of County Commissioners(NCACC) on several important bills. If adopted,the resolutions would be transmitted to the members of the Orange County legislative delegation and the Association of County Commissioners. A brief summary of the legislative proposals is provided below, in the accompanying background material from the North Carolina Association of County Commissioners, and in the resolutions. Full text of the current versions of the bills under consideration in the General Assembly is also attached as information. • House Bill 499: Would authorize real estate trade associations and Multiple Listing Services operated by real estate trade associations to enjoy an exemption previously reserved only for the news media. Publication of Geographical Information Systems(GIS) data by real estate trade associations and MLS would not be considered as use for trade or commercial purposes (under exasting legislation, counties can require persons obtaining copies of GIS data to agree in writing not to use the data for trade or commercial purposes). The NCACC opposes this bill because it would inappropriately make public purpose information available to private for-profit organizations with no provision to reimburse the public for its costs of developing this information. 2 i • House Bill 949: The Orange County Director of Social Services and the Orange County Health Director oppose this bill. The NCACC opposes this bill because it makes the confidential records of certain deceased children public unless, at public expense, public agencies successfully obtain a court order maintaining the confidentiality of the records. Although the Agency is given the choice of seeking the court order, it is likely to be "second guessed" if it chooses not to do so. • Senate Bill 799: Would require local governments and State agencies to maintain open and accessible personnel files that include information not now available to the public (for example, records related to demotions). The NCACC opposes this bill because it eliminates the balance of public disclosure and privacy interests in existing law. • Senate Bill 844: Would require accounts of closed sessions of public bodies that are authorized under North Carolina' s Open Meetings Law. The NCACC opposes this bill as written because it could undermine the legitimate purposes for conducting closed sessions recognized in the state statutes. • Senate Bill 518: Would authorize county boards of commissioners to call for a referendum on a one cent local option sales tax that could be in place for a one year period. The NCACC supports this bill's concept, and prefers an option for a longer timeframe for the tax to be in place. • Senate Bill 469: This is a local bill that would apply to Cabarrus County that would authorize a referendum for a one per cent local option sales tax to be imposed for a 10 year period, and/or a one per cent land transfer tax for a 10 year period to pay for school construction. There is a possibility that Orange County could be added to Cabarrus as a county to which this legislation, if adopted,would apply. If the Board has interest in other bills,the Attorney can include additional issues in the resolution. RECOMMENDATION(S): The Manager recommends that the Board adopt the attached resolutions, and direct the County Attorney to transmit them to the members of the Orange County legislative delegation and the North Carolina Association of County Commissioners. 3 NORTH CAROLINA RESOLUTION REGARDING ORANGE COUNTY LEGISLATIVE MATTERS BE IT RESOLVED by the Board of Commissioners of Orange County that the Board hereby requests the Senators and Representatives representing Orange County to support the North Carolina Association of County Commissioners in its opposition to the following legislative matters : 1 . House Bill 499 . This bill would make Orange County' s land records data base available for reuse and for profit, at practically no cost, to real estate trade associations and their members . Orange County, Chapel Hill, Carrboro and the Orange Water and Sewer Authority have spent a considerable amount of public money developing a land records system for public purposes . The public should be paid for the sale of this information to persons or organizations who or which would use it for private purposes and resell it for profit . 2 . Senate Bill 799 . This bill would make public "serious disciplinary actions" now maintained confidentially in the personnel files of local government employees . It also would make public the entirety of a local government employee ' s personnel file r "once two serious disciplinary actions have been imposed. " This bill provides no opportunity for the balancing of the public interest with the employee privacy interest before the release of the personnel file information . This balancing process is required under present law. 1 4 3 . Senate Bill 844 . This bill will require narrative written accounts or audio or video taped accounts of closed sessions . The "account" would be a public record although it could be withheld from public inspection if making it public would frustrate the purpose of the closed session. This bill intends to overrule a recent Supreme Court decision allowing a generalized account of closed sessions as part of the minutes of a Board meeting. If enacted into law, this requirement of an "account" of the closed session likely will have a chilling effect on Board members ' willingness to openly discuss matters which are sensitive and therefore are afforded, by the Open Meetings Law, closed session status . 4 . House Bill 949 . This bill effects the medical, hospital and any other records, including DSS investigatory records, of a child who is killed as the result of suspected abuse or neglect . These records in the custody of government agencies will be public records if House Bill 949 is enacted into law. Under present law a court can open these confidential records to inspection under certain circumstances . House Bill 949 would place the burden on the public agency to seek a court order to protp,gt the confidentiality of the child records . In addition to the privacy concerns, this bill likely will cost counties . It will force the local department of social services and the local health department to choose between protecting the privacy of the deceased children in question knowing that the privacy option will cost money, and, knowing that a decision not 2 5 to seek court order protection of the records will be "second guessed. " BE IT FURTHER RESOLVED that the Board of Commissioners of Orange County supports the North Carolina Association of County Commissioners in its support of the following legislative matter: 1 . Senate Bill 518 . This bill would provide for a temporary 1 cent local sales tax for a period of 1 year if approved by a local referendum. The proceeds of this bill would be divided among the County and its municipalities on either a per capita basis or on the basis of ad valorem taxes levied, at the option of the County Commissioners . Upon motion of Commissioner seconded by Commissioner , the foregoing resolution was adopted this the day of May, 1997 . I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on May _, 1997 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. of the minutes of said Board. .r WITNESS my hand and the seal of said County, this day of 1997 . Clerk to the Board of Commissioners lsg-9 legis . res 3 6 NORTH CAROLINA RESOLUTION REGARDING ORANGE COUNTY LEGISLATIVE MATTERS WHEREAS, Senate Bill 469, introduced by Senator Hartsell, would provide Cabarrus County with revenue options to meet public school construction needs; and WHEREAS, Senate Bill 469 requires a referendum on a sales and use tax option and on a real estate transfer tax option; and WHEREAS, the proceeds of either tax, if approved by referendum and enacted by resolution of the Board of Commissioners, would be available for public school building capital outlay projects including the planning, construction, reconstruction, enlargement, improvement, repair, or renovation of public school buildings and for the purchase of land for public school buildings but would not be available to pay debt service or to fund a public school building capital outlay project that is or will be financed in part by debt ; and WHEREAS, the authorization for these new taxes is temporary in nature with a 10 year life and the possibility of a 10 year renewal ; and WHEREAS, Senate Bill 469 contains non supplant restrictions . NOW, THER$FORE, BE IT RESOLVED that the Orange County Board of Commissioners requests its legislative delegation to seek amendment of Senate Bill 469 to include Orange County among the counties enabled by it and to support the bill as amended. 1 7 Upon motion of Commissioner seconded by Commissioner the foregoing resolution was adopted this the day of May, 1997 . I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on May 1997 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. of the minutes of said Board. WITNESS my hand and the seal of said County, this day of 1997 . Clerk to the Board of Commissioners lsg-9 legis2 . res 2 » LAW OFFICES COLEMAN, GLEDHILL & HARGRAVE A PROFESSIONAL CORPORATION 129 E.TRYON STREET P.O.DRAWER 1519 HILLSBOROUGH,NORTH CAROLINA 27278 919-732.2196 FROM THE DESK OF FAX 919.732.7997 GEOFFREY E. GLEDHILL May 15, 1997 Representative Joe Hackney Representative verla C . Insko Senator Eleanor Kinnaird Senator Howard Lee State Legislative Building Raleigh, North Carolina 27611 RE: Legislation Affecting orange County Dear Representatives and Senators : The Board of Commissioners of Orange County has asked me to transmit the enclosed resolutions opposing and supporting certain legislative initiatives in the General Assembly . One of these requests is that you seek amendment to and that you support Senate Bill 469 , Senator Hartsell ' s local revenue option bill . The local revenue raised under Senate Bill 469 could only be used for school construction and would authorize revenue sources as alternatives to debt service to finance badly needed school construction projects . Orange County has previously requested a local bill enabling it to enact a transfer tax. The Board of Commissioners understands that Orange County ' s Omnibus Bill, including the transfer tax, may not move out of the Senate Rules Committee . The Orange County Board of Commissioners requests amendment to Senator Hartsell ' s bill to include Orange County as an alternative. Thank you for your help with these legislative matters . I • 9 Representative Joe Hackney Representative Verla C . Insko Senator Eleanor Kinnaird Senator Howard Lee Page 2 May 15, 1997 continue to offer any help I can provide in the legislative process . Please call me if I can help . Very truly yours, COLEMAN, GLEDHILL & HARGRAVE, P.C. Geoffrey E. Gledhill GEG/lsg Enclosures xc : C . Ronald Aycock, Esquire Bill Crowther, Chair Margaret Brown Moses Carey, Jr . Alice Gordon Stephen Halkiotis Orange County Board of Commissioners John M. Link, Jr. , Orange County Manager lsg-9 ocleg. ltr LAW OFFICES ��� Ll 10 COLEMAN, GLEDHILL & HARGRAVE A PROFESSIONAL CORPORATION 129 E.TRYON STREET P.O.DRAWER 1529 HILLSBOROUGH,NORTH CAROLINA 27278 919.732.2196 FROM THE DESK OF FAX 919.732.7997 GEOFFREY E. GLEDHILL May 15, 1997 C . Ronald Aycock, Esquire Executive Director North Carolina Association of County Commissioners Post Office Box 1488 Raleigh, North Carolina 27602 RE: 1997 Legislation Dear Ron: Enclosed is a resolution of the Board of Commissioners of Orange County supporting the Association ' s position on the bills referred to in the resolution. In sending this on to you, I recognize and the Orange County Board of Commissioners recognizes that the Association favors a sales tax option which is of longer duration than Senator Purdue ' s Senate Bill 518 . The Orange County Board of Commissioners also supports that position . With a copy of this letter, I am providing the Orange County legislative delegation with a copy of the enclosed resolution and requesting, on behalf of the Board of Commissioners, their support of the legislative initiatives contained in the resolution. Enclosed also is a copy of a resolution sent to the Orange County legislative delegation seeking amendment to Senator Hartsell ' s Senate Bill 469, a bill now applicable to only Cabarrus County providing local sales tax and local transfer tax authorization to fund the capital needs of the public schools . The requested amendment would add Orange County to the counties enabled by Senate Bill 469 . The Orange County Board of Commissioners requests the support of the Association for Senate Bill 469 . 11 C . Ronald Aycock, Esquire Page 2 May 15, 1997 With best personal regards . Very truly yours, COLEMAN, GLEDHILL & HARGRAVE, P.C. Geoffrey E . Gledhill GEG/lsg Enclosures xc : Representative Joe Hackney Representative Verla C . Insko Senator Eleanor Kinnaird Senator Howard Lee Bill Crowther, Chair Margaret Brown Moses Carey, Jr . Alice Gordon Stephen Halkiotis Orange County Board of Commissioners John M. Link, Jr. , Orange County Manager lsg-9 aycock. ltr a 12 Legislatieve u e 1n a � 0 9 North Carolina Association of County Commissioners �O •1: y Mailing Address-P.O. Box 1488, Raleigh,NC 27602-1488 oR CourrO Sneer Address-Albert Coates Local Government Center, 215 N. Dawson Street, Raleigh, NC 27603 Telephone 919-715-2893 -Fax 919-733-1065 - Email NCACC @NCACC.org Home Page Address http://ncinfo.iog.unc.edu/NCACC Bulletin #14-97 Friday, May 2, 1997 SENATE APPROVES OPEN PERSONNEL RECORDS On Thursday the Senate, by a 25-21 vote, approved a revised version of Senate Bill 799, a bill to require local governments and state agencies to maintain open and accessible personnel files that include information not now available to the public. S799,introduced by Sen. Roy Cooper(Nash) is opposed by local government organizations including the Association of County Commissioners,the League of Municipalities and the School Boards Association as well as organizations representing state employees and teachers. It was approved following the adoption of several floor amendments. SENATE APPROVES OPEN MEETINGS CHANGES On Thursday the Senate approved a revised version of Senate Bill 844, legislation"to require accounts of closed"sessions under North Carolina's Open Meetings Law. After having re-referred the bill to Committee during floor debate Tuesday,the Senate withdrew it from Committee, adopted a floor amendment offered by sponsor Sen. David Hoyle(Gaston), and approved the bill unanimously on second and third readings. As rewritten,the bill would require any entity covered by the Open Meetings Law to "keep an account of(any)closed session so that a person not in attendance would have a reasonable understanding of what transpired." The"accounts"could"be a written narrative,or video or audio recordings." The bill also proposes to amend the provisions of the Open Meetings Law dealing with closed sessions for discussion of"matters relating to the location or expansion of industries or other businesses in the area served by the public body." The bill would add language to G.S. 143-318.11 (a)(4), as follows: "A public body shall not vote to offer economic incentives in a closed session. Nothing in this section shall be construed to prohibit negotiations in any way with a prospective industry or business." BIENNIAL BUDGET TAKES SHAPE Last week,.the Senate approved its version of the state budget. The following summary highlights appropriations of interest to county governments. Compensation Increases • 6.5%on average for public school teachers and instructional support personnel. (This appropriation relates to the Governor's initiative to increase teacher sdlaries to the national average over the next four years.) • 3%Cost of Living increase for other public school-personnel and other state employees. Public Schools • S5 million additional for the Low Wealth School Supplemental Fund • $20 million for public school technology • S3.5 million reduce middle school class size for students below grade level achievement • $67.5 million for ABC Incentive Grants to local school systems • S3.0 million additional for supplies and materials Community Colleges • $10 million for enhanced Occupational Extension • S9 million for enrollment increases 13 $12 million for equipment and books Institute of Government $4.5 million is appropriated from the Reserve for Repairs and Renovations for renovation of the Knapp Building, the headquarters of the Institute of Government State Aid to County Libraries $3.0 million additional funding for grants to local public libraries in accordance with the State Aid formula Environmental Protection • $30 million set aside for the Clean Water Management Trust Fund • $6.7 million for state level water quality and environmental health programs • $13.7 million to match Federal water and wastewater funding BILLS OF INTEREST GENERAL GOVERNMENT Updates H499 "Relating to the use of Geographical Information System database information by real estate trade associations." Rep. Gregg Thompson (Mitchell).(LB#7, 3/13/97; LB#11, 4/10/97). This bill was favorably reported in the House April 28. It was approved on second and third reading April 30. H617 "To clarify that publicly owned and operated buses may not compete with the private sector." Rep. Wilma Sherrill (Buncombe). (LB#9, 3/27/97). This bill was favorably reported in the House April 28. It was approved on second and third reading April 30. H1100"To change the statute of limitations for actions upon official bonds from six years to three years, to authorize removal and destruction of certain death and birth certificates, to improve the procedures for recording maps and plats,and to authorize the study of land title registration procedures." Rep. Carolyn Russell (Wayne). (LB#13, 4/24197). This bill was favorably reported in the House April 28 and was re-referred to the House Finance Committee. S417 "To eliminate the bonding requirements for public contracts with a value of one million dollars or less." Sen. Larry Shaw(Cumberland). (LB#8, 3/20/97). This bill was favorably reported in the Senate April 29 after being rewritten to apply only to the Department of Transportation. It was approved on second and third reading April 30. S663 "To amend the absentee voting to allow no excuse absentee voting and to allow county boards of elections the option of adding additional sites for early voting." Sen. Bob Rucho (Mecklenburg). (LB#11, 4/10/97). This bill was favorably reported in the Senate April 29. It was approved on second and third reading April 30. S799 "To bring more openness to the performance of public employees by providing greater access to personnel records." Sen. Roy Cooper(Nash). (LB#12, 4/17/97). This bill was favorably reported in the Senate April 30. It was approved on second and third reading. See page 1. .2 14 S844 "To strengthen the Open Meetings Law to require accounts of closed meetings, to prohibit voting on economic development incentives in closed sessions and to clarify information that must be disclosed publicly about prospective real estate purchases by public bodies." Sen. David Hoyle (Gaston). (LB#12,'4/17/97). This bill was favorably reported in the Senate April 28. It was approved on second and third reading May 1. Seepage 1. S891 "To update and revise the laws affecting local government contracting." Sen. Walter Dalton (Rutherford).(LB#12, 4/17/97). This bill was favorably reported in the Senate April 24. It was approved on second and third reading April 28. The bill has been referred to the House Judiciary Committee#2. 5966 "To make no damage for delay clauses in public contracts unenforceable. Sen. Brad Miller(Wake).(LB#13, 4/24/97). This bill was favorably reported in the Senate April 24. It was approved on second and third reading April 29. 51028 "To allow a contractor, on behalf of a subcontractor, to file an action against the owner regarding a claim arising out of the contract between the subcontractor and the contractor for the same project that is the subject of the contract between the contractor and the owner." Sen. Brad Miller(Wake). (LB#13, 4/24/97). This bill was favorably reported in the Senate April 29. It was approved on second and third reading April 30. S1030 "To provide for project expediters on public contracts." Sen. Brad Miller(Wake). (LB#13, 4/24/97). This bill was favorably reported in the Senate April 24. It was approved on second reading April 28 and on third reading April 30. HUMAN RESOURCES Updates S636 "To authorize the establishment of local public health authorities, as recommended by the North Carolina Public Health Commission." Sen. Fletcher Hartsell (Cabarrus). (LB#10, 4/3/97). This bill was favorably reported in the Senate. April 29. It was approved on second and third reading April 30. 51015 "To establish the Welfare Reform Act of 1997." Sen. William Martin (Guilford). (LB#13, 4/24/97). This bill was favorably reported as a committee substitute in the Senate April 30. It was approved on second and third reading May 1. H897 "To amend the requirements pertaining to the number of members of advisory committees of nursing homes and rest homes." Rep. Dan McComas (New Hanover). (LB 9 11, 4/10/97). This bill was favorably reported in the House April 30. 3 15 PERSONNEL Updates S673 "To amend the definition of Law Enforcement Officer for purposes of eligibility for benefits under the Local Governmental Employees' Retirement System." Sen. Fountain Odom(Mecklenburg). (LB#11, 4/10/97). This bill was favorably reported in the Senate April 28. It was approved on second and third reading April 29. PUBLIC EDUCATION Updates S272 "To enact the Excellent Schools Act." Sen. Marc Basnight (Dare). (LB#6, 3/6/97; LB#9, 3/27/97;LB#10, 4/3/97). This bill was favorably reported in the House April 28. It was rewritten as a House Committee Substitute for the Senate version of the Excellent Schools Act. The House approved the bill on second and third reading April 30. A conference Committee is expected to be appointed to resolve conflicts between the House and Senate bills. TAXATION AND FINANCE Updates 5317 "To allow all counties to acquire property for use by their local boards of education, to provide that existing local government debt statement requirements and debt limitations apply to installment purchase and lease debts, to require Local Government Commission approval of more nonvoted debts, and to cap the amount of installment purchase and lease debt counties and cities may incur." Sen. Leslie Winner(Mecklenburg). (LB#6,3/6/97; LB#12, 4/17/97). This bill was approved by the Senate on second and third reading April 29. S421 "To amend the Constitution of North Carolina to authorize the General Assembly to enact legislation allowing each county to (1) increase the amount of the property tax homestead exemption for low-income elderly and disabled individuals in that county and (2) raise the definition of"low-income"so that more elderly and disabled • individuals can qualify for the exemption." Sen. Roy Cooper(Nash). (LB#8, 3/20/97; LB#13, 4/24197). This bill, approved by the Senate last week, has been referred to the House Committee on Ways and Means. S940 "To authorize investment by local governments in funding agreements." Sen. Fountain Odom(Mecklenburg). (LB#13, 4/24/97). This bill was favorably reported in the Senate April 29 after being re-written to provide for a study of local investments, to be conducted by the State Treasurer. The bill was approved by the Senate on second and third reading April 30. H1044"To authorize counties to designate an official to receive sales tax refund information." Rep. Gene Rogers (Martin). (LB#13, 4/24/97). This bill was favorably reported in the House April 29. It was approved on second and third reading May 1. James B. Blackburn, III C. Ronald Aycock General Counsel Executive Director 4 • i ;! o y►°pSM � U Legislative u ei n 9 9 North Carolina Association of County Commissioners Mailing Address- P.O. Box 1488,Raleigh,NC 27602-1488 cou Street Address-Albert Coates Local Government Center,215 N. Dawson Street,Raleigh, NC 27603 Telephone 919-715-2893 -Fax 919-733-1065-Email NCACC @NCACC.org Home Page Address http://ncinfo.iog.unc.edu/NCACC Bulletin #9-97 Thursday, March 27, 1997 Alternate Local Revenues Sought Legislation introduced this week would offer limited additional revenue options to some local governments. S518, introduced by Sen. Beverly Perdue (Craven), would authorize each county board of commissioners to call for a referendum on a one cent sales tax, to be in place for a one- year period. The Association has adopted a Legislative Goal supporting this option, but supports a multi-year(up to five) imposition of the local option tax. H624, introduced by Rep. Bill Owens (Pasquotank) would authorize Boards of Commissioners to call for referenda on occupancy taxes, prepared meals taxes or impact fees;but the bill only applies to four counties in the northeastern part of the state. A local bill, S469, introduced by Sen. Fletcher Hartsell (Cabarrus)would authorize Cabarrus County Commissioners to provide for a referendum on a one per cent sales tax (for ten years) and/or a one per cent land transfer tax to pay for school construction. Hog Wars Heat Up The House Environment Committee has favorably reported legislation to permit counties to impose zoning regulations on intensive animal feeding operations and to impose a one-year (calendar 1997) moratorium on any"new or expanding swine farm or lagoon for which a permit is required under Part I of Chapter 143 of the General Statutes"-in a county 1)with a population of less than 75,000, 2)where over$150 million is spent on travel and tourism and 3)that is not in the coastal area. H85, introduced by Rep. Richard Morgan(Moore), would also impose a one- year moratorium(from the date of ratification) on construction or expansion of swine farms or lagoons and on"construction or expansion of an animal waste management system for a swine farm." This moratorium would apply"regardless of the date on which a site evaluation for the swine farm is completed and regardless of whether the animal waste management system is permitted under Part lA of Article 21 of Chapter 143 of the General Statutes." BILLS OF INTEREST CORRECTIONS AND LAW ENFORCEMENT Introductions S441 "To increase the amount allocated to sheriffs from the fees charged for concealed handgun applications and renewals." Sen..Aaron Plyler (Union). This bill would reallocate the proceeds of the $80 handgun application fee. Currently, the state retains $60 with $20 allocated to local sheriffs. The bill would raise the$20 to $35. The bill was referred to the Senate Finance Committee. t 17 H616 "To standardize the investigation and discipline of law enforcement officers and to provide for judicial review." Rep. Wilma Sherrill (Buncombe). This bill would provide that no law enforcement officer could be discharged, suspended or demoted for disciplinary reasons except for just cause. Each agency or political subdivision would be required to establish procedures to provide due process, to include the right to a hearing before a fair and impartial board or hearing officer, to be represented by a lawyer, to examine witnesses, to call witnesses and present evidence and to have meetings recorded. The bill was referred to the House Judiciary Committee Al. ENVIRONMENTAL PROTECTION Introductions S528 "To appropriate funds to remove hurricane debris from rivers and other public- maintained drainage ways in Pender, New Hanover, and Onslow Counties in order to protect public health and to prevent further water quality degradation." Sen. Luther Jordan(New Hanover). This bill would appropriate about $11 million. It was referred to the Senate Appropriations Committee. GENERAL GOVERNMENT Updates H149 "To require local governments to account for 911 surcharges in their annual financial statements." Rep. Fern Shubert(Union).(LB#4, 2/20/97). This bill was favorably reported in the Senate March 18. It was approved on second and third reading March 19 and has been sent to the Governor for his signature. Introductions H406 "To allow cities and counties to adopt ordinances that impose a curfew on persons under the age of eighteen." Rep. Phil Baddour(Wayne). This bill was introduced March 5. It was referred to the House Judiciary Committee#2. H617 "To clarify that publicly owned and operated buses may not compete with the private sector." Rep. Wilma Sherrill (Buncombe). This bill would not prohibit use of school or activity buses or operation by a county or municipal corporation of a transportation system that has regular routes, or a transportation service provided as part of another service or activity of a county or municipal corporation. The bill was referred to the House Commerce Committee. S452 "To clarify local government authority to regulate the location and operation of sexually oriented businesses." Sen. Roy Cooper(Nash). This bill would clarify and expand local control over licensing, location, clothing restrictions and other aspects of sexually oriented businesses. The bill was referred to the Senate Judiciary Committee. 2 18 HUMAN RESOURCES Introductions S422 "To reduce the share of nonfederal payments for medical assistance and social services for certain economically disadvantaged counties." Sen. Richard Conder (Richmond). This bill is identical to H73, introduced by Rep. Wayne Goodwin (Richmond) and described in Legislative Bulletin 93, February 13. It would reduce the local costs of Medicaid, AFDC (or its successor), Special Assistance and Food Stamps for counties in Tier One and Tier Two: defined in G.S. 105-129.3 dealing with economic development incentives. S422-was referred to the Senate Committee on Children and Human Resources. PERSONNEL Introductions H544 "To provide for the partial payment of employee contributions by employers under the Local Governmental Employees' Retirement System." Rep. Wilma Sherrill (Buncombe). This bill would authorize employers to pay all or part of an employee's contribution under the Local Governmental Employees' Retirement System. If an employer elected to make the additional contribution, the contribution could not later be reduced. The bill was referred to the House Committee on Pensions and Retirement. Passage of this legislation would accomplish a goal adopted by the Association at our Legislative Goals Conference. PLANNING, DEVELOPMENT AND LAND USE Updates H85 "To enact the Environmentally Sound Policy Act(ESP) and to provide a menu of measures to protect public health and the environment." Rep. Richard Morgan. (LB 93, 2/13/97). This bill was favorably reported in the House as a committee substitute March 24. It remains to be placed on the House Calendar for floor debate (see page 1). Introductions 5478 "To amend various laws impacting swine production in North Carolina." Sen. Ellie Kinnaird (Orange). This bill, one of several directed at regulating the production of pork, would regulate any"intensive swine operations" with a design capacity of more than 400,000 pounds (half that to which the regulations in H85 would apply). S478 was referred to the Senate Agriculture committee.'' PUBLIC EDUCATION Updates S272 "To enact the Excellent Schools Act." Sen. Marc Basnight (Dare). (LB 96, 3/6/97). This bill was approved by the Senate on second and third reading March 25. TAXATION AND FINANCE Updates H295 "To exempt intangible personal property from property tax." Rep. Lanier Cansler (Buncombe). (LB#5, 2/27/97; LB 98, 3/20/97). This bill, approved by the House last week, has been referred to the Senate Finance Committee. 19 Introductions S518 "To authorize each county of the state to levy a temporary one cent local sales tax for a period of one year, if approved by the voters of the county." Sen. Beverly Perdue(Craven). This bill would provide for the tax cited following a successful referendum. Proceeds would be divided among the county and its municipalities on either a per capita basis or on the basis of ad valorem taxes levied, at the option of Board of County Commissioners. The bill was referred to the Senate Finance Committee. H624 "To authorize Camden, Currituck, Pasquotank, and Perquimans Counties to choose from a menu of local revenue options, subject to approval by the voters of the respective counties." Rep. Bill Owens (Pasquotank). This bill would authorize local referenda on occupancy taxes (6%), prepared meals taxes (1%) or impact fees. The bill was referred to the House Finance Committee. James B. Blackburn, III C. Ronald Aycock General Counsel Executive Director 4 Full Text of House Bill 499-GIS Record Exception. (Public) hftp://www.ncga.state.nc.us/.htmll997[bills/house/hbiIO499.fuli.html 20 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1997 H1 HOUSE BILL 499 Short Title: GIS Record Exception. (Public) Sponsors: Representatives Thompson; Boyd-McIntyre, Buchanan, Davis, Decker, Dedmon, HM, Howard, Miner,Nichols, Sherrill, Tallent, C. Wilson• Referred to: Commerce, if favorable, Judici= 1. March 11, 1997 A BILL TO BE ENTITLED AN ACT RELATING TO THE USE OF GEOGRAPHICAL INFORMATION SYSTEM DATABASE INFORMATION BY REAL ESTATE TRADE ASSOCIATIONS. Additional Information Available on: Bill Status Section 1. G.S. 132-10 reads as rewritten: 115 132-10. Qualified exception for geographical information systems. Geographical information systems databases and data files developed and operated by counties and cities are public records within the meaning of this Chapter. The county or city shall provide public access to such systems by public access terminals or other output devices. Upon request, the county or city shall furnish copies, in documentary or electronic form, to anyone requesting them at reasonable cost. As a condition of furnishing an electronic copy, whether on magnetic tape, magnetic disk, compact disk, or photo-optical device, a county or city may require that the person obtaining the copy agree in writing that the copy will not be resold or otherwise used for trade or commercial purposes. For purposes of this section, publication or broadcast by the news media media, real estate trade associations, or Multiple Listing Services operated by real estate trade associations shall not constitute a resale or use of the data for trade or commercial purposes and use of information without resale by a licensed professional in the course of practicing the professional's profession shall not constitute use for a commercial purpose. " Section 2. This act is effective when it becomes law. 1 of 1 05/15/97 09:07:38 Full Text of House Bill 949- Improve Child Protection/Records. (Public) hftp://www.ncga.state.nc.us/.htmil997/bills/house/hbi10949.full.html 21 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1997 H2 HOUSE BILL 949 Committee Substitute Favorable 4/29/97 Short Title: Improve Child Protection/Records. (Public) Sponsors: Referred to: April 15, 1997 A BILL TO BE ENTITLED AN ACT TO IMPROVE CHILD PROTECTION BY REQUIRING BETTER DISCLOSURE OF CHILD FATALITY RECORDS. Additional Information Available on: Bill Status Section 1. Chapter 132 of the General Statutes is amended by adding the following new section to read: "5 132-1.5. Child fatality records. (a) As used in this Chapter, 'child fatality cases' shall include cases in which a child dies as a result of suspected abuse or neglect and (i) an individual is criminally charged with the child's death; or (ii) the county department of social services receives a report from the medical examiner, physician or other person, pursuant to G.S. 7A-543, that the child's death may have been the result of abuse or maltreatment. (b) Notwithstanding any other provision of law, confidentiality shall be lifted in child fatality cases as defined in subsection (a) , and the deceased child's records in the custody of governmental agencies shall be public. These records shall include, but not be limited to, all medical records, hospital records, emergency medical services records, police investigative records, medical examiner investigative data, and records maintained by a State, county, or local government agency, including public health records, mental health records, educational records, and social services records. (c) If a public agency believes that release of information that is a public record under subsections (a) and (b) of this section is reasonably likely to pose a threat to the mental health, physical health, or personal safety of a minor child residing in the deceased child's household, or to materially compromise a continuing or future criminal investigation, the agency may seek an order from a court of competent jurisdiction to prevent disclosure of the information. in such action, the agency shall have the burden of showing by clear and convincing evidence that disclosure of the information in question will do one or more of the following: (1) Cause mental or physical harm or danger to a minor child residing in the deceased child's household; 1 of 2 05/15/97 13:58:20 Full Text of House Bill 949- Improve Child Protection/Records.(Public) http:/twww.ncga.state.nc.us/.htmll997/biils/house/hbi109AG fi 11I.html 22 (2) Jeopardize the ability of the State to prosecute a defendant; (3) Jeopardize the right of a criminal defendant to a fair trial; or (4) Undermine an ongoing or future criminal investigation. Actions brought pursuant to this subsection shall be set down for immediate hearing, and subsequent proceedings in such actions shall be accorded priority by the trial and appellate courts. (d) The custodian of child fatality records may decline disclosure of any record that is confidential pursuant to the law of the United States. (e) Notwithstanding the provisions of this section, personally identifying information that would reveal the identities of persons who provide information related to suspected child abuse cases is not a public record. (f) An entity having custody of records made public under this section shall not be liable under any State law for good faith disclosure of information from the records or for any other action taken by the entity in good faith to comply with this section." Section 2. This act becomes effective July 1, 1998. 2 of 2 05/15/97 13:58:20 Full Text of Senate Bill 799-Discipline Disclosure Act. (Public) hftp:/twww.ncga.state.nc.us/.htmi1997/bills/senate/sbilr - " ''.htmi 23 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1997 S3 SENATE BILL 799 Judiciary Committee Substitute Adopted 4/30/97 Third Edition Engrossed 5/1/97 Short Title: Discipline Disclosure Act. (Public) Sponsors: Referred to: April 10, 1997 A BILL TO BE ENTITLED AN ACT TO BRING MORE OPENNESS TO THE PERFORMANCE OF PUBLIC EMPLOYEES BY PROVIDING GREATER ACCESS TO PERSONNEL RECORDS. Additional Information Available on: Section 1. Article 1 of Chapter 132 of the General Statutes is amended by adding a new section to read: "g 132-1.5. Public employee's personnel records. (a) Each department, agency, institution, commission, bureau of the State of North Carolina, The University of North Carolina and its constituent institutions, public hospital, county, municipality, local board of education and area mental health authority shall maintain a record of each of its employees, showing the following information with respect to each such public employee: name, age, date of original employment or appointment to the service, current position, title, current salary, date and amount of most recent increase or decrease in salary, date of most recent promotion, demotion, transfer, suspension, separation, or other change in position classification, and the office or station to which the public employee is currently assigned. Such information is a public record. (b) Information contained in a public employees personnel record that demonstrates the employee's qualifications for the position held by a public employee is a public record. Such information includes, but is not limited to, educational degrees, previous employment experience, and the dates the public employee held previous relevant employment and dates of military service and highest rank attained. Letters of recommendation written on or after January 1, 1998 are public records so long as the person who writes the recommendation does not object in writing to public disclosure of the letter of recommendation. The use of the word 'confidential ' on a letter of recommendation will suffice to keep said letter confidential. (c) Records related to serious disciplinary actions imposed on a public employee are public records after the disciplinary determination by the public employer is final and all rights to administrative appeal by the public employee have been exhausted or waived. As used in this Article, serious disciplinary actions are dismissal, demotion, or suspension. At a minimum, every supervisor shall place in the public 1 of 8 05/15/97 09:08:34 Full Text of Senate Bill 799-Discipline Disclosure Act. (Public) hftp://www.ncga.state.nc.usl.htmil997/bills/senate/sbi10'7°°',41.html 24 employee's personnel record a written summary of the serious disciplinary action imposed on the public employee, including the circumstances that led to the disciplinary action, the nature of the disciplinary action taken, and the effective dates of the disciplinary action. (d) Information identifying the public employee who provides information confidentially to persons investigating whether to bring a disciplinary action against another public employee is not a public record. (e) All records related to official commendations or awards bestowed upon public employees are public records; provided, however, that such records may be withheld from public inspection until the commendation or award has been received by or bestowed upon the public employee. (f) Once two serious disciplinary actions have been imposed on a public employee within a three-year period, all records of that public employee's performance, including evaluations or appraisals, are public records. (g) Subject only to rules and regulations for the safekeeping of the records, adopted by the appropriate oversight body, every person having custody of personnel records that are public records under this section shall permit them to be inspected and examined during regular business hours. Any person who is denied access to any such record for the purpose of inspecting, examining, or copying the same shall have a right to compel compliance with the provisions of this section by application to a court of competent jurisdiction for a writ of mandamus or other appropriate relief. (h) Any person employed by a public agency acting in good faith to comply with the disclosure requirements of this section is not subject to liability. (i) Any public employee may waive the confidentiality of the employee's personnel file by making a written request that the information in the file, or the records obtained as a result of an investigation of the employee, be made public. (j) For purposes of this section, -public employee' shall mean any employee, former employee, or applicant for employment by any department, agency, institution, commission, or bureau of the State of North Carolina, any employee of The University of North Carolina or its constituent institutions, any public hospital employee, or any employee of any county or municipality, local board of education, or area mental health authority. For the purposes of this section 'public employer' shall mean any governmental entity employing a public employee." Section 2. G.S. 115C-319, 115C-320, 115D-27, 115D-28, 122C-158 (a) , 122C-158(b) , 126-23, 153A-98(a) , 153A-98(b) , 160A-168(a) , 160A-168 (b) , 162A-6.1(a) and 162A-6.1(b) are repealed. Section 3. G.S. 115C-321 reads as rewritten: 115 115C-321. Confidential information in personnel files; access to information. All information contained in a personnel file, except as otherwise provided in G.S. 132-1.5 or in this Chapter, is confidential and shall not be open for inspection and examination except to the following persons: (1) The employee, applicant for employment, former employee, or his properly authorized agent, who may examine his own personnel file at all reasonable times in its entirety except for letters of reference solicited prior to employment; (2) The superintendent and other supervisory personnel; 2 of 8 05/15/97 09:08:34 Full Text of Senate Bill 799- Discipline Disclosure Act. (Public) hfp:ltwww.ncga.state.nc.us/.htmi1997/bills/senate/sbiIO799.full.htmi 25 (3) Members of the local board of education and the board's attorney; (4) A party by authority of a subpoena or proper court order may inspect and examine a particular confidential portion of an employee's personnel file. Notwithstanding any other provision of this Chapter, any superintendent may, in his discretion, or shall at the direction of the Board of Education, inform any person or corporation of any promotion, demotion, suspension, reinstatement, transfer, separation, dismissal, employment or nonemployment of any applicant, employee or former employee employed by or assigned to the local board of education or whose personnel file is maintained by the board and the reasons therefor and may allow the personnel file of the person or any portion to be inspected and examined by any person or corporation provided that the board has determined that the release of the information or the inspection and examination of the file or any portion is essential to maintaining the integrity of the board or to maintaining the level or quality of services provided by the board; provided, that prior to releasing the information or making the file or any portion available as provided herein, the superintendent shall prepare a memorandum setting forth the circumstances which he and the board deem to require the disclosure and the information to be disclosed. The memorandum shall be retained in the files of the superintendent and shall be a public record. " Section 4. G.S. 115C-325 (b) reads as rewritten: " (b) Personnel Files. -- The superintendent shall maintain in his office a personnel file for each teacher that contains any complaint, commendation, or suggestion for correction or improvement about the teacher's professional conduct, except that the superintendent may elect not to place in a teacher's file (i) a letter of complaint that contains invalid, irrelevant, outdated, or false information or (ii) a letter of complaint when there is no documentation of an attempt to resolve the issue. The complaint, commendation, or suggestion shall be signed by the person who makes it and shall be placed in the teacher's file only after five days' notice to the teacher. Any denial or explanation relating to such complaint, commendation, or suggestion that the teacher desires to make shall be placed in the file. Any teacher may petition the local board of education to remove any information from his personnel file that he deems invalid, irrelevant, or outdated. The board may order the superintendent to remove said information if it finds the information is invalid, irrelevant, or outdated. The personnel file shall be open for the teacher's inspection at all reasonable times but shall be open to other pe=scLs onl}r in ar+_prrlanr+o Tai th c—ch >: J es and�gy,l at i nns ac th° },^ar� ZC3Ll=tc 'Any ra'emp.1.Ltj=aaant dni-a nr nthor in,£n,rmatinn nht-mined =I-Ne-mt a tPan}acr hefnro hi c em,=l o;anent ,]37T tho hr+arri mal. he leept- in a fi l u cEapa�te £rnm lhi c =orcnnnol file anA rnocA ant maAo ava i 1 ahl o to hi m Mnriiat-a�nlze�ed in the—greempinJrment fi l o maIr be introduced aS c-tri ronnc at a ho=—ring nn the dismissal or dsmntinn n£ a toar•hor the public only as provided for in G.S. 132-1.5. " Section 5. G.S. 17C-7(c) reads as rewritten: " (c) Any papers, documents, or other records which become the property of the Commission that are placed in the criminal justice officer's personnel file maintained by the Commission shall be subject to the same disclosure requirements as set forth in Chapters 126, 1531 , And 190n of the General G.S. 132-1.5 regarding the privacy of personnel records. " Section 6. G.S. 74E-5 (b) reads as rewritten: " (b) Any papers, documents, or other records that become the property of the Company Police Program and are placed in a company police 3 of 8 05/15/97 09:08:34 Full Text of Senate Bill 799- Discipline Disclosure Act. (Public) hfp://www.ncga.state.nc.us/.htmiI997/bills/senate/sbiIC799.full.htmi 26 officer's personnel file maintained by the Attorney General are subject to the same restrictions concerning disclosure as set forth in Chapt- 1 2EL, 151A. and 140A of the General Statute G.S. 132-1.5 for other personnel records. " Section 7. G.S. 115D-29 reads as rewritten: 115 115D-29. Confidential information in personnel files; access to information. All information contained in a personnel file, except as otherwise provided in this Article article or in G.S. 132-1.5, is confidential and shall not be open for inspection and examination except to the following persons: (1) The employee, applicant for employment, former employee, or his properly authorized agent, who may examine his own personnel file at all reasonable times in its entirety except for letters of reference solicited prior to employment; (2) The president and other supervisory personnel; (3) Members of the board of trustees and the board's attorney; (4) A party by authority of a subpoena or proper court order may inspect and examine a particular confidential portion of an employee's personnel file; and (5) An official of an agency of the federal government, State government or any political subdivision thereof. Such an official may inspect any personnel records when such inspection is deemed by the college of the employee, applicant, or former employee whose record is to be inspected as necessary and essential to the pursuance of a proper function of said agency; provided, however, that such information shall not be divulged for purposes of assisting in a criminal prosecution, nor for purposes of assisting in a tax investigation. Notwithstanding any other provision of this Article, any president may, in his discretion, or shall at the direction of the board of trustees, inform any person or corporation of any promotion, demotion, suspension, reinstatement, transfer, separation, dismissal, employment or nonemployment of any applicant, employee or former employee employed by or assigned to the board of trustees or whose personnel file is maintained by the board and the reasons therefor and may allow the personnel file of the person or any portion to be inspected and examined by any person or corporation provided that the board has determined that the release of the information or the inspection and examination of the file or any portion is essential to maintaining the integrity of the board or to maintaining the level or quality of services provided by the board; provided, that prior to releasing the information or making the file or any portion available as provided herein, the president shall prepare a memorandum setting forth the circumstances which he and the board deem to require the disclosure and the information to be disclosed. The memorandum shall be retained in the files of the president and shall be a public record. " Section 8. G.S. 122C-158(c) reads as rewritten: " (c) All information contained in an employee's personnel file, other than the information made public by G.S. 132-1.5, subse-ticn (h) of *bis section is confidential and is open to inspection only in the following instances: (1) The employee or an authorized agent may examine portions of his personnel file except (i) letters of reference solicited before employment, and (ii) information concerning a medical disability, mental or physical, that a prudent physician would not divulge to a patient. 4 of 8 05/15/97 09:08:34 Full Text of Senate Bill 799-Discipline Disclosure Act. (Public) http://www.ncga.state.nc.us/.htmil997/bills/senate/sbi10799.full.html 27 (2) A licensed physician designated in writing by the employee may examine the employee's medical record. (3) An area authority employee having supervisory authority over the employee may examine all material in the employee's personnel file. (4) By order of a court of competent jurisdiction, any person may examine the part of an employee's personnel file that is ordered by the court. (5) An official of an agency of the State or federal government, or any political subdivision of the State, may inspect any part of a personnel file pursuant to G.S. 122C- 25 (b) or G.S. 122C- 192 (a) or when the inspection is considered by the official having custody of the records to be inspected to be necessary and essential to the pursuance of a proper function of the inspecting agency. No information may be divulged for the purpose of assisting in a criminal prosecution of the employee or for the purpose of assisting in an investigation of the employee's tax liability. However, the official having custody of the records may release the name, address, and telephone number from a personnel file for the purpose of assisting in a criminal investigation. (6) An employee may sign a written release, to be placed with the employee's personnel file, that permits the person with custody of the file to provide, either in person, by telephone or by mail, information specified in the release to prospective employers, educational institutions, or other persons specified in the release. (7) The area authority may tell any person of the employment or nonemployment, promotion, demotion, suspension, or other disciplinary action, reinstatement, transfer, or termination of an employee and the reasons for that personnel action. Before releasing the information, the area authority shall determine in writing that the release is essential to maintaining public confidence in the administration of services or to maintaining the level and quality of services. This written determination shall be retained as a record for public inspection and shall become part of the employee's personnel file. " Section 9. G.S. 126-24 reads as rewritten: 115 126- 24. Confidential information in personnel files; access to such information. All other information contained in a personnel films file, except as provided in G.S. 132-1.5, is confidential and shall not be open for inspection and examination except to the following persons: (1) The employee, applicant for employment, former employee, or his properly authorized agent, who may examine his own personnel file in its entirety except for (i) letters of reference solicited prior to employment, or (ii) information concerning a medical disability, mental or physical, that a prudent physician would not divulge to a patient. An employee's medical record may be disclosed to a licensed physician designated in writing by the employee; (2) The supervisor of the employee; (3) Members of the General Assembly who may inspect and examine personnel records under the authority of G.S. 120- 19; (4) A party by authority of a proper court order may inspect and examine a particular confidential portion of a State employee's personnel file; and (5) An official of an agency of the federal government, State government or any political subdivision thereof. Such an official may inspect any personnel records when such inspection is deemed 5 of 8 05/15/97 09:08:34 t Full Tent of Senate Bill 799- Discipline Disclosure Act. (Public) http://www.ncga.state.nc.us/.htmll997/bills/senate/sbi10799.full.html 28 by the department head of the employee whose record is to be inspected or, ! in the case of an applicant for employment or a former employee, by the department head of the agency in which the record is maintained as necessary and essential to the pursuance of a proper function of said agency; provided, however, that such information shall not be divulged for purposes of assisting in a criminal prosecution, nor for purposes of assisting in a tax investigation. Notwithstanding any other provision of this Chapter, any department head may, in his discretion, inform any person or corporation of any promotion, demotion, suspension, reinstatement, transfer, separation, dismissal, employment or nonemployment of any applicant, employee or former employee employed by or assigned to his department or whose personnel file is maintained in his department and the reasons therefor and may allow the personnel file of such person or any portion thereof to be inspected and examined by any person or corporation when such department head shall determine that the release of such information or the inspection and examination of such file or portion thereof is essential to maintaining the integrity of such department or to maintaining the level or quality of services provided by such department; provided that prior to releasing such information or making such file or portion thereof available as provided herein, such department head shall prepare a memorandum setting forth the circumstances which the department head deems to require such disclosure and the information to be disclosed. The memorandum shall be retained in the files of said department head and shall be a public record. " Section 10. G.S. 153A-98 (c) reads as rewritten: " (c) All information contained in a county employee's personnel file, other than the information made public by G.S. 132-1.5, s,lihmenr;an (h) of t*hi a Macs- n" is confidential and shall be open to inspection only in the following instances: (1) The employee or his duly authorized agent may examine all portions of his personnel file except (i) letters of reference solicited prior to employment, and (ii) information concerning a medical disability, mental or physical, that a prudent physician would not divulge to his patient. (2) A licensed physician designated in writing by the employee may examine the employee's medical record. (3) A county employee having supervisory authority over the employee may examine all material in the employee's personnel file. (4) By order of a court of competent jurisdiction, any person may examine such portion of an employee's personnel file as may be ordered by the court. (5) An official of an agency of the State or federal government, or any political subdivision of the State, may inspect any portion of a personnel file when such inspection is deemed by the official having custody of such records to be inspected to be necessary and essential to the pursuance of a proper function of the inspecting agency, but no information shall be divulged for the purpose of assisting in a criminal prosecution of the employee, or for the purpose of assisting in an investigation of the employee's tax liability. However, the official having custody of such records may release the name, address, and telephone number from a personnel file for the purpose of assisting in a criminal investigation. (6) An employee may sign a written release, to be placed with his personnel file, that permits the person with custody of the file to provide, either in person, by telephone, or by mail, information specified in the release to prospective employers, educational institutions, or other persons specified in the release. 6 of 8 05/15/97 09:08:34 Full Text of Senate Bill 799-Discipline Disclosure Act. (Public) hfp:/twww.ncga.state.nc.us/.htmi1997/bills/senate/sbiIO799.full.htmi 29 (7) The county manager, with concurrence of the board of county commissioners, or, in counties not having a manager, the board of county commissioners may inform any person of the employment or nonemployment, promotion, demotion, suspension or other disciplinary action, reinstatement, transfer, or termination of a county employee and the reasons for that personnel action. Before releasing the information, the manager or board shall determine in writing that the release is essential to maintaining public confidence in the administration of county services or to maintaining the level and quality of county services. This written determination shall be retained in the office of the manager or the county clerk, is a record available for public inspection and shall become part of the employee's personnel file. " Section 11. G.S. 160A-168 (c) reads as rewritten: " (c) All information contained in a city employee's personnel file, other than the information made public by G.S. 132-1.5, s.,hae,.r;n., (h) of this section, is confidential and shall be open to inspection only in the following instances: (1) The employee or his duly authorized agent may examine all portions of his personnel file except (i) letters of reference solicited prior to employment, and (ii) information concerning a medical disability, mental or physical, that a prudent physician would not divulge to his patient. (2) A licensed physician designated in writing by the employee may examine the employee's medical record. (3) A city employee having supervisory authority over the employee may examine all material in the employee's personnel file. (4) By order of a court of competent jurisdiction, any person may examine such portion of an employee's personnel file as may be ordered by the court. (5) An official of an agency of the State or federal government, or any political subdivision of the State, may inspect any portion of a personnel file when such inspection is deemed by the official having custody of such records to be inspected to be necessary and essential to the pursuance of a proper function of the inspecting agency, but no information shall be divulged for the purpose of assisting in a criminal prosecution (of the employee) , or for the purpose of assisting in an investigation of (the employee's) tax liability. However, the official having custody of such records may release the name, address, and telephone number from a personnel file for the purpose of assisting in a criminal investigation. (6) An employee may sign a written release, to be placed with his personnel file, that permits the person with custody of the file to provide, either in person, by telephone, or by mail, information specified in the release to prospective employers, educational institutions, or other persons specified in the release. (7) The city manager, with concurrence of the council, or, in cities not having a manager, the council may inform any person of the employment or nonemployment, promotion, demotion, suspension or other disciplinary action, reinstatement, transfer, or termination of a city employee and the reasons for that personnel action. Before releasing the information, the manager or council shall determine in writing that the release is essential to maintaining public confidence in the administration of city services or to maintaining the level and quality of city services. This written determination shall be retained in the office of the manager or the city clerk, and is a record available for public inspection and shall become part of the employee's personnel file. " Section 12. G.S. 162A-6.1(c) reads as rewritten: 7 of 8 05/15/97 09:08:34 f Full Text of Senate Bill 799-Discipline Disclosure Act. (Public) http:/twww.ncga.state.nc.us/.htmil997/bills/senate/sbi10799.full.html " (c) All information contained in an authority employee's 30 personnel file, other than the information made public by G.S. 232-2.5, —11—ac*'^^ (b)—nf t]si m is confidential and shall be open to inspection only in the following instances: (1) The employee or his duly authorized agent may examine all portions of his personnel file except (i) letters of reference solicited prior to employment, and (ii) information concerning a medical disability, mental or physical, that a prudent physician would not divulge to his patient. (2) A licensed physician designated in writing by the employee may examine the employee's medical record. (3) An authority employee having supervisory authority over the employee may examine all material in the employee's personnel file. (4) By order of a court of competent jurisdiction, any person may examine such portion of an employee's personnel file as may be ordered by the court. (5) An official of an agency of the State or federal government, or any political subdivision of the State, may inspect any portion of a personnel file when such inspection is deemed by the official having custody of such records to be inspected to be necessary and essential to the pursuance of a proper function of the inspecting agency, but no information shall be divulged for the purpose of assisting in a criminal prosecution (of the employee) , or for the purpose of assisting in an investigation of (the employee's) tax liability. However, the official having custody of such records may release the name, address, and telephone number from a personnel file for the purpose of assisting in a criminal investigation. (6) An employee may sign a written release, to be placed with his personnel file, that permits the person with custody of the file to provide, either in person, by telephone, or by mail, information specified in the release to prospective employers, educational institutions, or other persons specified in the release. (7) The chief administrative officer, with concurrence of the authority, may inform any person of the employment or nonemployment, promotion, demotion, suspension or other disciplinary action, reinstatement, transfer, or termination of an authority employee and the reasons for that personnel action. Before releasing the information, the chief administrative officer or authority shall determine in writing that the release is essential to maintaining public confidence in the administration of authority services or to maintaining the level and quality of authority services. This written determination shall be retained in the office of the chief administrative officer or the secretary of the authority, and is a record available for public inspection and shall become part of the employee's personnel file. " Section 13. This act becomes effective January 1, 1998. 8 of 8 05/15/97 09:08:34 Full Text of Senate Bill 844 - Strengthen open Gove]rttpn4/.w*Duftd4a)state.nc.us/.html1997/bills/se 31 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1997 S3 SENATE BILL 844 Judiciary Committee Substitute Adopted 4/28/97 Third Edition Engrossed 5/1/97 Short Title: Strengthen Open Government. (Public) Sponsors: Referred to: April 15, 1997 A BILL TO BE ENTITLED AN ACT TO STRENGTHEN THE OPEN MEETINGS LAW TO REQUIRE ACCOUNTS OF CLOSED MEETINGS AND TO PROHIBIT VOTING ON ECONOMIC DEVELOPMENT INCENTIVES IN CLOSED SESSIONS. Additional Information Available on: Section 1. G.S. 143-318.10(e) reads as rewritten: " (e) Every public body shall keep full and accurate minutes of all official meetings, including any closed sessions held pursuant to G.S. 143-318.11. Such minutes may be in written form or, at the option of the public body, may be in the form of sound or video and sound recordings. when a public body meets in closed session, it shall keep an account of the closed session so that a person not in attendance would have a reasonable understanding of what transpired. Such accounts may be a written narrative, or video or audio recordings. Such minutes and accounts shall be public records within the meaning of the Public Records Law, G.S. 132-1 et seq. ; provided, however, that minutes or an account of a closed session conducted in compliance with G.S. 143-318.11 may be withheld from public inspection so long as public inspection would frustrate the purpose of a closed session. " Section 2. G.S. 143-318.11(a) reads as rewritten: " (a) Permitted Purposes. -- It is the policy of this State that closed sessions shall be held only when required to permit a public body to act in the public interest as permitted in this section. A public body may hold a closed session and exclude the public only when a closed session is required: (1) To prevent the disclosure of information that is privileged or confidential pursuant to the law of this State or of the United States, or not considered a public record within the meaning of Chapter 132 of the General Statutes. (2) To prevent the premature disclosure of an honorary degree, scholarship, prize, or similar award. (3) To consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby 1 of 2 05/15/97 09:0 Full Text of Senate Bill 844 - Strengthen Open Govebrttpnf/.w*2ub(1ga:)state.nc.us/.html1997/bills/se acknowledged. General policy matters may not be discussed in a closed 32 session and nothing herein shall be construed to permit a public body to close a meeting that otherwise would be open merely because an attorney employed or retained by the public body is a participant. The public body may consider and give instructions to an attorney concerning the handling or settlement of a claim, judicial action, or administrative procedure. If the public body has approved or considered a settlement, other than a malpractice settlement by or on behalf of a hospital, in closed session, the terms of that settlement shall be reported to the public body and entered into its minutes as soon as possible within a reasonable time after the settlement is concluded. (4) To discuss matters relating to the location or expansion of industries or other businesses in the area served by the public body. A public body shall not vote to offer economic incentives in a closed session. Nothing in this section shall be construed to prohibit negotiations in any way with a prospective industry or business. (5) To establish, or to instruct the public body's staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating (i) the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease; or (ii) the amount of compensation and other material terms of an employment contract or proposed employment contract. (6) To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee; or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee. General personnel policy issues may not be considered in a closed session. A public body may not consider the qualifications, competence, performance, character, fitness, appointment, or removal of a member of the public body or another body and may not consider or fill a vacancy among its own membership except in an open meeting. Final action making an appointment or discharge or removal by a public body having final authority for the appointment or discharge or removal shall be taken in an open meeting. (7) To plan, conduct, or hear reports concerning investigations of alleged criminal misconduct. " Section 3. This act is effective when it becomes law. 2 of 2 05/15/97 09:0 Full Text of Senate Bill 469-Cab...venue Options for Schools. (Local) http://www.ncga.state.nc.us/.htm11997/bills/senate/sbi10469.full.html 33 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1997 S1 SENATE BILL 469* Short Title: Cabarrus Revenue Options for Schools. (Local) Sponsors: Senator ill. Referred to: Finance. March 24, 1997 A BILL TO BE ENTITLED AN ACT TO REDUCE RELIANCE ON DEBT FOR PUBLIC SCHOOL CONSTRUCTION IN CABARRUS COUNTY BY AUTHORIZING THE COUNTY TO LEVY A TEMPORARY SALES AND USE TAX OF ONE PERCENT,A TEMPORARY ONE PERCENT LAND TRANSFER TAX, OR BOTH,IF APPROVED BY THE VOTERS OF THE COUNTY, FOR PUBLIC SCHOOL CONSTRUCTION. Additional Information Available on: Bill Status Section 1. This act applies only to Cabarrus County. Section 2. Subchapter VIII of Chapter 105 of the General Statutes is amended by adding a new Article to read: "ARTICLE 43. "Second One-Cent (lcents) Local Government Sales and Use Tax. 115 105-505. Short title. This Article shall be known as the Second One-Cent (lcents) Local Government Sales and Use Tax Act. of 105- 506. Purpose. This Article gives the counties of this State an opportunity to obtain a temporary source of revenue with which to meet their public school construction needs. It provides all counties of the State that are subject to this Article with authority to levy one percent (11t) sales and use taxes. "§ 105- 507. Limitations. This Article applies only to counties that levy the first one-cent (lcents) sales and use tax under Article 39 of this Chapter or under Chapter 1096 of the 1967 Session Laws, the first one- half cent (1 12cents) local sales and use tax under Article 40 of this Chapter, and the second one-half cent (1 12cents) local sales and use tax under Article 42 of this Chapter. "S 105- 508. County election on adoption of tax. 1 of 6 05/15/97 09:10:14 Full Text of Senate Bill 469-Cab...venue Options for Schools. (Local) http://www.ncga.state.nc.us/.html1997/bills/senate/sbiIO469.full.htm; 34 (a) Resolution. - - The board of commissioners of a county may, by resolution adopted by the affirmative vote of at least four- fifths of the commissioners, direct the county board of elections to conduct an advisory referendum on the question of whether a temporary local sales and use tax at the rate of one percent (lo) will be levied in accordance with this Article. The election shall be held on a date jointly agreed upon by the two boards and shall be held in accordance with the procedures of G.S. 163-287. (b) Public Hearing. - - The board of commissioners shall hold a public hearing on the question at least 30 days before the date the election is to be held. At the hearing, the board shall provide information on the public school building capital projects for which the tax revenue would be expected to be used, the approximate cost of each project, the approximate savings that could be realized by avoiding debt financing, and the fact that the tax expires automatically after 10 years. (c) Ballot Question. - - The form of the question to be presented on a ballot for a special election concerning the levy of the taxes authorized by this Article shall be: [ ] FOR [ ] AGAINST temporary one percent (it) local sales and use taxes, in addition to the current two percent (2$) local sales and use taxes, to be used only for public school capital projects. (d) Subsequent Elections. - - If a county has previously levied a tax under this Article and the tax is no longer in effect, the county may levy a new tax in accordance with this Article. An election regarding the levy of a subsequent tax may not be held, however, earlier than 90 days after the expiration or repeal of the previous tax under this Article. "$ 105- 509. Levy and collection of additional taxes. If the majority of those voting in a referendum held pursuant to this Article vote for the levy of the tax, the board of commissioners of the county may, by resolution, levy one percent (1t) local sales and use taxes in addition to any other State and local sales and use taxes levied pursuant to law. Except as provided in this Article, the adoption, levy, collection, administration, and repeal of these additional taxes shall be in accordance with Article 39 of this Chapter. in applying the provisions of Article 39 of this Chapter to this Article, references to 'this Article' mean 'Article 43 of Chapter 105 of the General Statutes' . "S 105- 510. Distribution and use of additional taxes. (a) Distribution. - - The Secretary shall, on a quarterly basis, distribute to each taxing county the net proceeds of the tax levied under this Article by that county. If the Secretary collects taxes under this Article in a month and the taxes cannot be identified as being attributable to a particular taxing county, the Secretary shall allocate these taxes among the taxing counties in proportion to the amount of taxes collected in each county under this Article in that month and shall include them in the quarterly distribution. (b) Use. - - A county may use the net proceeds distributed to it under this Article only for public school building capital outlay projects including the planning, construction, reconstruction, enlargement, improvement, repair, or renovation of public school buildings and for the purchase of land for public school buildings. A county shall not use the proceeds to pay debt service or to fund a public school building capital outlay project that is or will be financed in part by debt. 2 of 6 05/15/97 09:10:14 Full Text of Senate Bill 469-Cab...venue Options for Schools. (Local) hfp://www.ncga.state.nc.us/.htmi1997/bills/senate/sbiIO469.full.html 35 (c) Nonsupplant Restriction. - - it is the purpose of this Article for counties to appropriate funds generated under this Article to increase the level of county spending for public elementary and secondary school capital outlay above the level of spending before the levy of the tax authorized in this Article. A county that levies a tax under this Article shall continue to spend for public school capital outlay purposes in its local school administrative units the same amount of money it would have spent for those purposes if it had not levied the tax. °§ 105- 511. Expiration. A tax levied under this Article expires 10 years after the effective date of its levy or most recent extension, unless the voters of the county approve its extension for an additional 10 years as provided in this section. During the tenth year after the levy or most recent extension of the tax authorized in this Article, the county board of commissioners may direct the county board of elections to conduct an advisory referendum on the question of whether the tax should be extended for an additional 10 years. The election shall be held on a date jointly agreed upon by the two boards and shall be held in accordance with the procedures of G.S. 163-287. The form of the question to be presented on a ballot for a special election concerning the extension of the taxes authorized by this Article shall be: [ ] FOR [ ] AGAINST extension of current one percent (it) local sales and use taxes in addition to the two percent (2t) local sales and use taxes, to be used only for public school capital projects. if the majority of those voting in a referendum held pursuant to this section vote for the extension of the tax, the board of commissioners may, by resolution, extend the tax for an additional 10 years. The expiration of a tax pursuant to this Article does not affect the rights or liabilities of the State, a taxpayer, or another person arising under the expired tax; nor does it affect the right to any refund or credit of a tax that would otherwise have been available under the expired tax before its expiration. " Section 3. Chapter 105 of the General Statutes is amended by adding a new Article to read: "ARTICLE 8F. "Local Government Excise Stamp Tax on Conveyances. 118 105-228.50. Purpose. This Article gives the counties of this State an opportunity to obtain a temporary source of revenue with which to meet their public school construction needs. It provides all counties of the State that are subject to this Article with authority to levy a one percent (1t) land transfer tax. 115 105-228.51. County election on adoption of tax. (a) Resolution. - - The board of commissioners of a county may, by resolution adopted by the affirmative vote of at least four- fifths of the commissioners, direct the county board of elections to conduct an advisory referendum on the question of whether a temporary one percent (1%) excise tax on instruments conveying interests in real property located in the county will be levied in accordance with this Article. The election shall be held on a date jointly agreed upon by the two boards, and shall be held in accordance with the procedures of G.S. 3 of 6 05/15/97 09:10:14 Full Text of Senate Bill 469-Cab...venue Options for Schools. (Local) http:/twww.ncga.state.nc.us/.htmi1997/bills/senate/sbi10469.full.html 163-287. 36 (b) Public Hearing. - - The board of commissioners shall hold a public hearing on the question at least 30 days before the date the election is to be held. At the hearing, the board shall provide information on the public school building capital projects for which the tax revenue would be expected to be used, the approximate cost of each project, the approximate savings that could be realized by avoiding debt financing, and the fact that the tax expires automatically after 10 years. (c) Ballot Question. - - The form of the question to be presented on a ballot for a special election concerning the levy of the tax authorized by this Article shall be: [ ] FOR ( J AGAINST temporary county real property transfer tax at the rate of one dollar ($1.00) on each one hundred dollars ($100. 00) of value or consideration, to be used only for public school capital projects. (d) Subsequent Elections. - - If a county has previously levied a tax under this Article and the tax is no longer in effect, the county may levy a new tax in accordance with this Article. An election regarding the levy of a subsequent tax may not be held, however, earlier than 90 days after the expiration or repeal of the previous tax under this Article. "S 205-228.52. Levy and collection of tax. If the majority of those voting in a referendum held pursuant to this Article vote for the levy of the tax, the board of commissioners of the county may, by resolution, levy an excise tax on instruments conveying interests in real property located in that county at the rate of one dollar ($1.00) on each one hundred dollars ($100. 00) of the consideration or value, whichever is greater, of the interest conveyed, including the value of any lien or encumbrance remaining on the property at the time of sale. This tax is in addition to the tax levied by Article BE of this Chapter. Upon adoption of the resolution, the board of commissioners shall send a certified copy to the register of deeds of the county. Collection of the tax, and liability therefor, shall begin and continue only on and after the first day of a calendar month set by the board of county commissioners in the resolution levying the tax, which may not be earlier than the first day of the second succeeding calendar month after the date the resolution is adopted. 115 205-228.53. scope and administration of tax. A tax levied under this Article does not apply to transfers exempt pursuant to G.S. 105-228.28 or G.S. 105-228.29 from the tax levied by Article BE of this Chapter. A tax levied under this Article applies to transfers of interests in real property located within the taxing county, except that if the property is located in two or more counties, a transfer of an interest in the property is taxable only by the county in which the greater part of the property, with respect to value, lies. A tax levied under this Article is payable by the transferor of the interest. The county register of deeds shall credit the proceeds of the tax to the county's general fund. The provisions of G.S. 105-228.31 through G.S. 105-228.36 apply to a tax levied under this Article. "S 105-228.54. Use of proceeds. (a) Use. - - A county may use taxes collected under this Article only for public school building capital outlay projects including the planning, construction, reconstruction, enlargement, improvement, repair, or renovation of public school buildings and for the purchase of 4 of 6 05/15/97 09:10:14 Full Text of Senate Bill 469-Cab...venue Options for Schools. (Local) http://www.ncga.state.nc.us/.html1997/bills/senate/sbi10469.fuil.html 37 land for public school buildings. A county shall not use the proceeds to pay debt service or to fund a public school building capital outlay project that is or will be financed in part by debt. (b) Nonsupplant Restriction. - - It is the purpose of this Article for counties to appropriate funds generated under this Article to increase the level of county spending for public elementary and secondary school capital outlay above the level of spending before the levy of the tax authorized in this Article. A county that levies a tax under this Article shall continue to spend for public school capital outlay purposes in its local school administrative units the same amount of money it would have spent for those purposes if it had not levied the tax. "S 105-228.55. Expiration. A tax levied under this Article expires 10 years after the effective date of its levy or most recent extension, unless the voters of the county approve its extension for an additional 10 years as provided in this section. During the tenth year after the levy or most recent extension of the tax authorized in this Article, the county board of commissioners may direct the county board of elections to conduct an advisory referendum on the question of whether the tax should be extended for an additional 10 years. The election shall be held on a date jointly agreed upon by the two boards and shall be held in accordance with the procedures of G.S. 163-287. The form of the question to be presented on a ballot for a special election concerning the extension of the taxes authorized by this Article shall be: [ ] FOR [ ] AGAINST extension of current county real property transfer tax at the rate of one dollar ($1. 00) on each one hundred dollars ($100.00) of value or consideration, to be used only for public school capital projects. If the majority of those voting in a referendum held pursuant to this section vote for the extension of the tax, the board of commissioners may, by resolution, extend the tax for an additional 10 years. The expiration of a tax pursuant to this Article does not affect the rights or liabilities of the State, a taxpayer, or another person arising under the expired tax; nor does it affect the right to any refund or credit of a tax that would otherwise have been available under the expired tax before its expiration. "S 105-228.56. Repeal of tax. A county may, by resolution, repeal a tax levied under this Article. Repeal of the tax shall become effective on the first day of a month and may not become effective until the end of the fiscal year in which the repeal resolution was adopted. Repeal of a conveyance tax under this Article does not affect a liability for a tax that attached before the effective date of the repeal or reduction, nor does it affect a right to a refund of a tax that accrued before the effective date of the repeal or reduction. " Section 4. This act is effective when it becomes law. Section 5. A tax levied under Article 43 of Chapter 105 of the General Statutes, as enacted by this act, does not apply to construction materials purchased to fulfill a lump sum or unit price contract entered into or awarded before the effective date of the levy or entered into or awarded pursuant to a bid made before the effective date of the levy when the construction materials would otherwise be subject to the tax levied under Article 43 of Chapter 105 of the General Statutes. 5 of 6 05/15/97 09:10:14 Full Text of Senate Bill 518- Loc...ar scents Sales TaxNote. (Public) hfp:/twww.ncga.state.nc.us/.htmil997/bills/senate/sbiIO518.full.htmi 38 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1997 S1 SENATE BILL 518 Short Title: Local Choice: 1-Year lcents Sales Tax/Vote. (Public) Sponsors: Senators Perdue; Ballantine,E;d, Shaw of Cumberland. Referred to: Finance. March 26, 1997 A BILL TO BE ENTITLED AN ACT TO AUTHORIZE EACH COUNTY OF THE STATE TO LEVY A TEMPORARY ONE CENT LOCAL SALES TAX FOR A PERIOD OF ONE YEAR,IF APPROVED BY THE VOTERS OF THE COUNTY. Additional Information Available on: Bill Status Section 1. Subchapter VIII of Chapter 105 of the General Statutes is amended by adding a new Article to read: "ARTICLE 43. "Second One-Cent (lcents) Local Government Sales and Use Tax. "$ 105-505. Short title. This Article shall be known as the Second One-Cent (lcents) Local Government Sales and Use Tax Act. as 105- 506. Purpose. This Article gives the counties of this State an opportunity to obtain a temporary source of revenue with which to meet their growing financial needs. It provides all counties of the State that are subject to this Article with authority to levy one percent (1t) sales and use taxes for a period of up to one year. "$ 105- 507. Limitations. This Article applies only to counties that levy the first one-cent (lcents) sales and use tax under Article 39 of this Chapter or under Chapter 1096 of the 1967 Session Laws, the first one- half cent (1 12cents) local sales and use tax under Article 40 of this Chapter, and the second one-half cent (1 12cents) local sales and use tax under Article 42 of this Chapter. "S 105- 508. County election on adoption of tax. (a) Resolution. - - The board of commissioners of a county may direct the county board of elections to conduct an advisory referendum on the question of whether a temporary local sales and use tax at the rate of one percent (lo) will be levied in accordance with this Article. The 1 of 2 05/15/97 09:09:40 Full Text of Senate Bill 518-Loc...ar 1cents Sales TaxNote. (Public) http://www.ncga.state.nc.us/.htm11997/bills/senate/sbi10518.full.html 39 election shall be held on a date jointly agreed upon by the two boards and shall be held in accordance with the procedures of G.S. 163-287. (b) Ballot Question. - - The form of the question to be presented on a ballot for a special election concerning the levy of the taxes authorized by this Article shall be: [ ] FOR [ ] AGAINST temporary one percent (1t) local sales and use taxes, in addition to the current two percent (2t) local sales and use taxes, for a period of one year. "$ 105- 509. Levy and collection of taxes. If the majority of those voting in a referendum held pursuant to this Article vote for the levy of the tax, the board of commissioners of the county may, by resolution, levy one percent (1%) local sales and use taxes in addition to any other State and local sales and use taxes levied pursuant to law. Except as provided in this Article, the adoption, levy, collection, administration, and repeal of these additional taxes shall be in accordance with Article 39 of this Chapter. In applying the provisions of Article 39 of this Chapter to this Article, references to this Article' mean 'Article 43 of Chapter 105 of the General Statutes' . "§ 105- 510. Distribution and use of taxes. The Secretary shall, on a quarterly basis, allocate the net proceeds of the tax levied under this Article to the taxing counties on a per capita basis according to the most recent annual population estimates certified to the Secretary by the State Budget Officer. The amount allocated to each taxing county shall then be divided among the county and its municipalities in accordance with the method by which the one percent (1%) sales and use taxes levied in that county pursuant to Article 39 of this Chapter or Chapter 1096 of the 1967 Session Laws are distributed. If any taxes levied under this Article by a county have not been collected in that county for a full quarter because of the levy or repeal of the taxes, the Secretary shall distribute a pro rata share to that county for that quarter based on the number of months the taxes were collected in that county during the quarter. The proceeds of a tax levied under this Article may be used for any lawful public purpose. "$ 105-511. Expiration. A tax levied under this Article expires one year after the effective date of its levy. A county's authority to levy a tax under this Article expires one year after the effective date of its levy of a tax under this Article. The expiration of a tax pursuant to this Article does not affect the rights or liabilities of the county, a taxpayer, or another person arising under the expired tax; nor does it affect the right to any refund or credit of a tax that would otherwise have been available under the expired tax before its expiration. " Section 2. This act is effective when it becomes law. 2 of 2 05/15/97 09:09:41