Research Reports: Law & Regulation

On February 1, 2010, the North Carolina Commission for Public Health published a proposed rule addressing whether pets may be allowed in restaurants. Not unlike the smoking ban, whether pets are allowed in restaurants is a property rights issue.

In 2002 the State of North Carolina passed what was officially titled “Improve Air Quality/Electric Utilities,” which became better known as the Clean Smokestacks Bill (CSB). When the CSB was passed in 2002, it was estimated to cost $2.3 billion.

The excessive regulatory power allowed by North Carolina imposes great costs on its citizens and businesses and hurts the economic competitiveness of the state. This report identifies seven reforms that North Carolina should adopt to improve the regulatory environment in the state.

In 2004, the legislature went too far in passing a complete and permanent ban on gun possession by all ex-felons. In August 2009, the North Carolina Supreme Court in Britt v. North Carolina held that those changes were unconstitutional as applied to the plaintiff, Barney Britt.

In North Carolina, the government can invoke eminent domain and seize private property even if reasonable alternatives exist to using this power. A recent Senate bill (SB 600) would allow conservation easement holders to challenge takings in court by requiring the government to prove that no prudent and feasible alternatives exist to condemnation of properties encumbered by conservation easements.

According to the Employment Security Commission of North Carolina, only a handful of fast-growing occupations require a four-year degree. A U.S. Department of Education report found that North Carolina devotes a relatively small share of its resources to vocational schools.

The Onslow County commissioners are asking voters to approve a sales-tax increase on November 4. This report identifies almost $36.7 million in revenue and savings the county could use to meet its needs — more than nine times the amount that the proposed tax increase would produce.

Despite claims to the contrary, North Carolina’s new drought management bill does not expressly prohibit the regulation of water use from private wells. In fact, the bill likely authorizes regulation of water use from private wells.

This report develops a system to evaluate school districts on how “parent-friendly” they are. In other words, to what extent do North Carolina’s school districts provide children a sound, basic education in a stable and safe school environment that is responsive to the needs of children and the concerns of parents?

In 2006, North Carolina's Department of Environment and Natural Resources (DENR) formed an advisory group called the Climate Action Plan Advisory Group (CAPAG). This group's task was to develop recommendations for specific actions to help reduce or prevent climate change.