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This Week at the Legislature
House Budget
The House is expected to vote on their $19.3 billion budget today which Speaker Thom Tillis says could result in the loss of 7,000 state jobs. This is far different than the numbers the Democrats say would be lost – over 20,000 – since many of the job reductions could result from unspecified reductions to the University system and local school districts. The Speaker’s office also maintains that the House budget would actually create 18,000 private sector jobs by letting a pair of temporary taxes expire this year and providing funding for state government building repairs. The House budget also will set aside $230 million to spend on corporate income tax breaks and efforts to improve private sector job creation. Details of these provisions will be released in a separate bill that's still being worked upon by Republicans, Tillis said.
Because amendments to the proposed budget are expected today, the final budget details will be released in a separate e-mail later this week.
Engineering Day at the Legislature
Approximately 75 Professional Engineers and engineering students attended Engineering Day at the Legislature last week. Representatives Mitch Gillespie (House Appropriations Co-Chair) and Bill Brawley (Regulatory Reform Committee Member, Vice-Chair of Commerce and Job Development) were the
The Joint Legislative Regulatory Reform Committee has completed its public hearings being held across the state. PENC spoke at the Raleigh hearing and submitted a more detailed formal statement in writing citing the organization’s top priority as reducing and streamlining regulatory agencies’ dependence on their staff to review and critique work completed by Professional Engineers whose work is already regulated by the rules of the NC Board of Professional Engineers and Land Surveyors (NCBELS).
Click here for PENC’s Regulatory Reform Comments.
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Status of Bills We're Working on Right Now
SB 435 – Civil Pro./Require Certificate of Merit – Sponsored by Senator Fletcher Hartsell
An Act Requiring a Certificate of merit on Civil Actions filed against a person or firm providing Architecture or Engineering Services in this State.
This bill would require that before a negligence claim against a design professional is filed, a professional licensed in the same practice area as the defendant review the facts and certify that the claim is not frivolous.
The bill was discussed in the Senate Judiciary I committee last week and again today but has not been voted on. The Association of General Contractors opposes the bill contending that it will limit their ability to share liability with design professionals although they have been offered the opportunity to join us in this bill which would provide the same protection for contractors as well.
SB 110 – Terminal Groins – Sponsored by Senator Harry Brown
An Act to Authorize the Permitting and Construction of up to Three Terminal Groins at Inlets Under Certain Conditions.
PENC has worked to ensure that language in the legislation requires a licensed PE in NC to design the groin and that, if there is a third party review of the engineering design, that this also be done by a licensed PE in NC. The House version of this bill initially stated that the third party review could be done by an engineer NOT licensed in NC which is not legal under NCGS 89C which governs the practice of engineering. The bill sponsor has assured PENC that the House language will be amended in the conference committee that has been appointed to work out the differences between the House and Senate versions. Additionally, the House and Senate also differ in the number of groins that should be allowed (House says no more than three but the Senate wants at least five).
HB 422 – Federal Rail Money/Report, Consult, Approve – Sponsored by Representative Ric Killian
AN ACT to require the Department of Transportation to report the acceptance of all federal rail funds and to consult with the General Assembly prior to accepting funds for certain projects.
The original title of this bill was “No High Speed Rail Money from the Federal Government”. Initially this bill was intended to return the over $500 million in federal money that NC had received to make passenger and freight rail improvements in the Charlotte to Raleigh rail corridor. After many groups, including PENC, spoke publicly against returning this money due to the negative impact this would have on engineering jobs, the bill was amended and the federal money will now be accepted.
However, HB 422 and a provision in the House Transportation Budget would require the NCDOT to receive explicit approval from the General Assembly of any federal rail grants which could require a state match or maintenance and operations costs of more than $5 million per year. Such a provision will make it very difficult to secure future federal rail grants.
HB 561 – Medians on U.S. Highway 70 – Sponsored by Representatives LaRoque and Wainwright
An Act to Prohibit the Department of Transportation from Constructing Traffic Medians on that Portion of US Highway 70 I Lenoir County Between the Intersections of US Highway 258 South and NC Highway 58 South.
Normally, PENC would not involve itself in a local issue. However, in this instance, the bill would set a precedent for “legislating engineering work” by prescribing what type of highway design should be used on a certain section of roadway. PENC is adamantly opposed to this bill, not because we think medians are needed here but simply because we oppose the legislation of roadway design, which should be left to the study and analysis of professional engineers.
Although this bill has passed in the House and is currently awaiting a committee hearing in the Senate, we believe the language can be amended in the Senate, allowing this particular issue on Highway 70 to continue to be studied.
HB 616 – Amend Engineers and Surveyors Laws – Sponsored by Representative Mitch Gillespie
An Act to Amend the Laws Relating to the Regulation of Engineering and Land Surveying.
As PENC reported in a previous update, NCBELS is proposing a number of revisions to 89C which fall into two categories: housekeeping and changes needed to bring the NC Engineering and Surveying Act more in line with the National Model Laws.
This bill has passed in the House and is currently awaiting a committee hearing in the Senate.
There are a number of other bills PENC is actively working on and following, including a bill that would cap the tax on gas. The status of these bills will be provided in a future legislative update.
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