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HomeMy WebLinkAboutAgenda - 12-17-1996 - 8k 1 i ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 17, 1996 Action Agenda Item No. SUBJECT: County Commissioner Association Goals DEPARTMENT: County Commissioners PUBLIC HEARING: (Y/1S) BUDGET AMENDMENT: (Y/1) ATTACHMENT(S): INFORMATION CONTACT: 11/26/96 NCACC Memo-Legislative Goals, Bill Crowther, Chair 1997 ext 2125 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 227-2031 PURPOSE: To consider endorsing the 1997 Legislative Agenda recommended by the Board of Directors of the North Carolina Association of County Commissioners(NCACC). BACKGROUND: The North Carolina Association of County Commissioners will conduct its 1997 Legislative Goals Conference on January 9-10, 1997 in Research Triangle Park. The Board of Directors has recommended adoption by the full Association of 30 legislative goals, as summarized in their November 26, 1996 memo. The Board of Commissioners has designated the Chair to represent Orange County as its voting delegate at the Legislative Goals Conference. The Board may want to officially endorse the NCACC proposed legislative goals in order to provide clear direction to the Chair concerning the views of the Orange County Board of Commissioners in voting at the January legislative goals conference. RECOMMENDATION(S): The Chair recommends that the Board endorse the 1997 Legislative Goals, as presented by the NCACC Board of Directors. l� 11 id 16:53 $'1 yly ;33 lUO5 2Nl.al.l; :CjUU.' � NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS MEMORANDUM TO: County Commissioners, County Managers, County Attorneys FROM: C. Ronald Aycock,Executive Director DATE: November 26, 1996 SUBJECT: Legislative Goals, 1997 Enclosed are materials related to the Association's Legislative Agenda for 1997. 'These include: I_ Voting Procedures for the 1997 Legislative Goals Conference,to be held January 9-10, 1997 at The Sheraton Imperial Hotel in Research Triangle Park You have - already received Voting Delegate Designation forms and registration materials for the Legislative Goals Conference. II. A list of 30 Proposed Legislative Goals recommended by the BOm-d of Directors, in the following areas: 06: V- A- Taxation and Finance(7) B. Public Education(1) C. Environment(3) D. Planning,Land Use and Development(3) E. Cormxion(5) F. Human Resources(6) G. General Government(5) IIL A proposed goal approved by the Legislative Goals Committee but not recommended by the Board of Directors. Note Voting Procedures with respect to Goals not recommended by the Board. We hope you,the other members of your boards and other county officia,s will review and discuss these proposals in the time between now and our conference January 9-10.-If you have any questions please contact our office. ALBERT COATES LOCAL GOVERNMENT CENTER • 215 NORTH OAWSON STREET P.O.BOX 1489.RALEIGH,NORTH CAROUNA 27602-1408 TELEPHONE(919)715-2893 • FAX(919)733-1065 LZ I1 96 12:53 221 919 733 1065 NCACC _- -- - Z003 0 45 `�4 NORTH CAROLINA ASSOCIATION OF o COUNTY COMMISSIONERS s, s °saR �,+ �oywf� VOMG PROCEDURES Legislative Goals Confemuce 1_ Voting tina Each member county represented is entitled to cast one vote on goals presented at the meeting_ A county's vote may be cast by any properly designated county official(voting delegate or alternate)in attendance at the meeting. 2. Legislative Goals (1)Legislative Goals recommended by the Board of Directors shall be adopted upon receipt of a majority of votes cast; and may be amended by a majority of votes cast. (2)Legislative Goals not recommended by or not submitted to the Board of Directors must be presented to the presiding officer by 4:00 p.m. the first day of th-t Legislative Goals Conference. The general subject matter of these goals will be announced at the conclusion of the first day of the conference. A motion to bring any such goad before the Conference for consideration must be made by a county delegate on the swond day of the conference and Must be awroved by two-thirds of the pumber of reeister d di d tes if such a goal is placed before the Conference,it shall be adopted upon receipt of a majority of votes cast;and may be amended by a majority of votes cast. ALBERT COATES LOCAL GOVERNMENT CENTER - 215 NORTH DAWSON STREET P.O.BOX 1484.RALEIGH.NORTH CAAOLINA 27602.1488 TELEPHONE(919)715-::893 • FAX(919)733-1065 12 11 96 1 1:5d $`1 Wla 733 IU65 46uu4 r Proposed Goals (As Approved by Board of Directors) Taxation and F'mance 1. Growth in Reimbursements Seek legislation re-establishing growth in state reimbursements for inventory and intangibles taxes previously repealed by the General Assembly;and to reimburse counties for the total amount of tax revenues lost because of the Homestead Exemption. (1995 goal,Amended) This goal combines several relating to reimbursements to local governments to cmnpensate for tavc revenue lost because of action by the General Asst--nbly. Reimbursements totaled over 5164 million for 1994-95. (This figure does not include intangibles taxes that were still being collected at that time). With the"freeze"in reimbursarnats occasioned by the economic downturn and state budget shortfall of 1991,local governments were denied growth in these reimburs-onents that would have compensated for natural revenue growth had the taxes remained in effect. When the final elements of the intangible tax were repealed in 1995,no growth factor was built into the reimbursement formula. In addition,local governments received no additional reimbursement when the Homestead Exemption was increased in 1993 and only half of the fiords lost because of additional increases during the most recent legislative session. 2. ]Exemption from Sales Taxes Seek ley slation 1)to exempt county governments,public schools and commmity colleges from payment of state and local sales taxes as well as state motor furls taxes sad 2)to amend G.S.105-164.14(f)to allow the chair of the board of county commissioners to designate other county officials to receive sales tax refund information from the Department of Revenue. (Taxation and Finance Steering Committee). Counties are cunvady reimbursed for sales takes paid. Public schools and community colleges are not. Counties are reimbursed for motor fuel taxes paid and school boards are exempt front this tax. Current law allows those who chair boards of ooanmissioners to receive salmi.tax refund information. The Departmmu of Revenue has interpreted this statute so that_qplx board chairs can receive this information. This proposal would allow designation of other:to receive the information. 3. Land Transfer Tax Support legislation to anthorke every county in the state to levy a one percent land transfer tax on a local county option basis,with proceeds to be used for capital improvements,school construction and infrastructure. (Haywood County,Annual Conference Resohutiou). Land transfer taxes,as distinct fiooun the statewide..Deed Stamp Tax,"are authorized in seven nonheastem North Carolina coundes. If imposed statewide,a one per can land transfer tax could gawate approxittrately$224 million. 4. School Construction Contracts Support legislation to enable all counties to use Installment Finance Contracts for construction of school facilities. (Henderson County,Annual Conference Resolution). 11. 11 9ti L :�� �1 yly rJ� iuo� �Li�� tiuua Currently,52 counties have general authority to use Installment Finance contracts,authorized by G.S. 160A 20,to build schools. Two others have specific authority for certain projects. This proposal would extend the general authority to all 100 counties. S. Local Government Contracts Support legislation to increase the bidding threshold for public contracts involving purchase of apparatus,supplies,materials or equipment from the current$20,000. (Taxation and Finance Steering Committee). This figure was last increased,from$10,000 to$20,000,in 1988. 6. Study Tar Equity Support legislation to ena'le the General Assembly to study the proliferation of exemptions and occlusions from the property tax base as well as the State's Use Value Taxation Program. (Taxation and Finance Steering Committee). 7. Use of Credit Cards for Property Tax Payment Seek legislation to allow counties to pass along credit card fees and surchargvs to taxpayers and other ratepayers who elect to pay property taxes and other fees and charges by credit cards,as authorized by G.S.105-357. Because of curr banking rules,fees and surcharges normally paid to banks and credit car companies by merchants cannot be passed on to taxpayers who pay taxes by credit card This proposal would enable counties to pass on t1x=charges and fees. Revised 11/2"6 1 11 `Jb l Ji al JIJ i.1J LUUJ tiI.�LL SljUVO Proposed Goals (As Approved by Board of Directors) Public Education 1. State Funding for Public Schools Support legislation to maintain state educational expenditures with m aximum flexibility at the local level, as follows: • State funding to improve early childhood education; • Full state funding of a basic education program,with emphasis being given to lowering student-teacher ratios; and • Full state funding of the Low Wealth Schools Supplemental Fund: the funding formula should be modified to apply a 10% partial penalty,rather than a'100% penalty, in the first year a county falls below the 100%level on th-t measures of "local effort." The same partial penalty should apply with respect:to the Small Schools Fund. This goal, carried over from the 1995 Session,was modified by the Legislative Goals Committee by adding"with maximum flexibility at the local level" in the introductory language and by adding"lowering student teacher rations"in the second ballet. The Basic Education Program(SEP),adopted by the General Assembly in the mid 1980s,was delayed in implementation(originally scheduled over can years)by the stag's budget problems of the early 1990's. State officials estimate that the BEP is appruin lately 75% fimded with the cost of remaining implementation between$250 and$300 million, depending on teacher salary initiatives and other variables. The Board of Directors voted to support a basic education program rather than the specific program begun in the mid 80's. The Low Wealth School funding program currently provides$46 million to school systems in 71 counties. The complex formula used to determine which school systems are eligible for funding uses an"effective county tax rate"measured against the"effective state average tax rate"and, if the county figure falls below the state figure, can cause a system to be ineligible. Since prior year effective tax calculations are used, a county can lose eligibility, and 100%of its lqw wealth&n4j A,because of actions and tax increases in other counties over which it has no control. This proposal seeks to modif i the calculation to reduce the penalty in the first year a county falls below the state average;; so that the loss would be 10%of its funding rather than 1000/6. Full state funding of the Low Wealth School Supplemental Fund is estimated at$96 million, $50 million more than current appropriations_ The Board of Directors added a similar provision with respect to penalties assessed in administration of the Small Schools Fund. ► 12. 11 i 96 12:55 $1 919 733 1065 NCACC L6�uu7 Proposed Goals (As Approved by Board of Directors) ENVIRONMENTAL PROTECTION 1. Critical Habitat Rules • Support legislation to assure that inconsistent rules adopted by state-level commissions with overlapping jurisdictions do not have the effect of unreasonably precluding use or development in critical habitats of threatened or endangered species. (revised goal from 1995). In 1995, the Association supported"legislative action to prohibit the Wild(ife Resources Commission from adopting rules that attempt to restrict development in`critical habitats' of threatened and endangered species." This proposal resulted from actions by the Wildlife Resources Commission which then changed water supply watershed classifications determined by the Environmental Management Commission. These classifications, in turn,affected development. The language of the goal was revised by the Steering Committee on the Environment to read as stated above. The Lq;islative Goals Committee added the words"use on"before the word"development." 2. Training and Certification of Sanitarian Support legislation to improve the process through which sanitarian are trained and certified,involving the Community College System and develophig a program to permit probationary certification similar to that applied to building inspectors or student teachers; provided that current educational standards and requirements are maintained. (Cleveland County). Article 4 of Chapter 90A of the General,Statutes currently requires that arc applicant for a certificate of registration as a sanitarian possess a minimum four-year college degree, and have completed sixteen credit hours of science. In addition,the applicant must work as an intern for a mi&m=of one year. An intern who is in the process of completing his training requirement has no authority to authorize any work related tasks-Mthout the prior approval of a Licensed Sanitarian. Another requirement that must be met is the completion of training courses offered through the State on a semiannual basis. These requirements create the opportunity for turmoil and confusion. This atmosphere can be created when a county has any significant turn over in staffing. When this happens, either the county attempts to employ a Licensed Sanitarian from another county or to employ an intern who has to complete one year of training before he can f inction on his own volition it it d(i ♦r . v (�1 ylJ ;JJ ♦vUJ - �y_ . yvuJ While the training standards should not be lowered, the proposal suggests an effort that would involve the Community College system. This involvement would be in the form of developing a course of study that would provide the necessary training to -:sable a graduate of the program to be employed as a Sanitarian and immediately be effective on his date of employment. The Intergovernmental Relations Steering Committee added the language beginning after the word"certified." 3. Permitting under the Environmental Policy Act Support legislation to amend the State Environmental Policy Act to accelerate the permitting process conducted through the Division of Water Quality in the Department of Environment,Health and Natural Resources,while maintaining environmental safeguards. (Craven County). In a letter proposing that the Association support legislation to accelerate the permitting process under the State Environmental Policy Act, Craven County suggested that requirements of the Act which necessitate preparation of an Environmental Assessment and/or an Environmental Impact Statement"should apply only to large or State projects." Revised 1 M/96 --------------- 1 L.- 11• yll l::.i0 Q'1 did 4u uua Proposed Goals (As Approved by Board of Directors) PLANNING,ECONOMIC DEVELOPMENT AND LAND[JSE 1. Economic Development Support legislation to help counties promote and accommodate economic development, including: State assistance to fund construction of water and sewer facilities; • State financial assistance to compensate local governments for the cost of water and sewer lines relocated because of state highway improvement projects; • State appropriations to support local economic development initiatives and programs,including state income tax credits for companies that employ persons moving from welfare to work; and • Language to assure that County Commissioners are involved in decision making involving local and/or regional economic development initiatives sand programs. (1995 goal,amended). In 1995, the Association pursued a goal stating support for several specifi c economic development initiatives. The Intergovernmental Relations Steering Comic ittee eliminated several of these from the language of the goal. The IGR Committee also added the:fourth bullet dealing with county corrmissioncr involvement in economic development,noting the proliferation of regional initiatives driven from the state level. The Committee also added the provision Cm the third bullet)dealing with income tax credits for eomr ames that employ former welfare recipients. The Legislative Goals Committee added emphasis to the first two bullets by separating them(they had been a single sub paragraph). G.S. 136- 27.1, authorizing the Department of Transportation to pay"the non bettet meat cost for the relocation of water and sewer lines"was amended in 1994 and 1995 to add county rural water systems,sanitary districts organized under Chapter 130A and water systems organized pursuant to Chapter 162A and later sold to municipalities to the local entities entitled to receive DOT payments for relocation. Prior to these amendments, those entities entitled to receive payments included small municipalities(5500 car below in population),non profit water or sewer associations or corporations, and Prater systems organized pursuant to Chapter 162A of the General Statues. 12 11 96 12:06 01 919 133 1065 MC®C(. 41UIU 1 2. Planning Support legislation to help counties accommodate growth through orderly local planning,through: • Provisions that authorize county government to use the measure o:'value in condemnation authorized in G.S. 136-112; i.e.,to take into consideration the enhanced value of a remaining parcel of land resulting from the public improvement which occasioned that condemnation; • Increased appropriations for grants to counties in updating and improving Land Records Management Programs,and insuring the existence of at blast a basic Land Records Management Program in every county. (1995 goal,amended, Halifax County) Current law provides that counties, exercising the power of eminent domain over part of a tract of land must pay"the greater of either()the amount by which the fair market value of the entire tract immediately before the taking exceeds the fair market value of the remainder immediately after the taking;or(6)the fair market value of the property taken." G.S. 40A 64(b). Chapter 136 of the Gexrexal Statutes provides for a different measure of damages when land is condemned for roads or highways. When part of a tract is taken, G.S. 136-112 provides that the measure of damages is the difference in value before and after the taking "with consideration being given to any special or general benefits resulting from the utilization of the part taken for highway purposes_" This goal seeks to allow counties and other goveesnznemtal entities to offset compensation to property owners when the value of the remaining property is increased because of the exercise of the power of eminent domain;i.e.to use the method of calculation now employed by the:Department of Transportation. The goal also seeks.funding for Land Records Grants. This state funding, made available through the 1980's enabled counties to expand their GIS systems as they unproved land records management. Budget pressures and reduced appropriations in the 1990's have left about half of North Carolina counties without GIS and ten counties without basic land records managemmem programs. Because this proposal is held over from 1 395,it is not yet known what budget request might be made by the Land Records Management Division, now in the offer of the Secretary of State. 3. Anneuation Support legislation to update North Carolina's annexation laws to reflect the changing nature of county and municipal responsibilities and assure equitable arrangements between cities and counties as well as fair treatment for citizens affected by urban growth; with a vote of the residents in the area to tie annexed. 12 11 96 12:57 $1 yid 733 1u65 `c it c gull r In July, 1996, following discussion between the Executive Committees of the Association and the North Carolina League of Municipalities, a 24-member committee was appointed- -made up of city and county managers, attorneys and other administrative personnel. The Executive Committees agreed to meet jointly to receive the report of this Committee and did so on Friday,November 15, 1996. Winston-Salem City Manager Bill Stuart and Orange County Manager Jolm Link co- chaired the committee and reported to the officers of the two groups with the assistance of Jake Wicker of the Institute of Government who served as a resource for-:he Joint Committee_ At the meeting November IS, the officers reviewed a draft of the report aid raised a number of questions about various recommendations. Based on the diseuWons,the groups' officers agreed to schedule at least one more meeting, in mid-December. Pending that meeting,and possibly one additional meeting of the two groups' officers,the Association's Executive Committee asked staff to draft a legislative goal:eating the Association's support for changes in the laws relating to annexation,with the understanding that the language could be amended if the Executive Committees reach an agreement or could remain in general terms if no agreement is reached. The Board of Directors adopted this goal after adding the language following the semi-c:olorl Revised 1 imm i it an i..5; 'al did ins iuo3 dui, f Proposed Goals (As Approved by Board of Directors) CRIlvnNAL JUSTICE 1. Reimbursement for Sentenced Offenders Seek an increase in the per day rate the state pays the counties as reimbursement for housing offenders sentenced to less than 90 days; the rate should be raised from $14.50 per day to the rate paid for housing offenders sentenced to more than 90 days(S40). (1995 goal,revised by Criminal Justice Steering Committee) The current statutory reimbursement rate for"short term" (less than 90 d.;ys)sentenced offenders is$14.50 and has remained constant for several years. The figrre is set in the state's budget act. In recent years,the Department of Corrections has"r:ated"space in local jails in order to house offenders sentenced to longer terms. The cost to the state of raising the lower rate to the$40 rate paid for longer term prisoners is estimated as$25 million. 2. Background Checks,Concealed Weapons Permits Support legislation to authorize counties to charge a fee,not to excetA S10,for Mental Health Assessments related to applications for concealed weapons permits. (Catawba County) G.S. 14-415.19 authorizes fees to be collected from those applying for concealed weapons. The statute allows for an application fee of$80, of which$20 is to be"used by the sheriff to pay the costs of administering this Article and for other law enforcement purposes." The county finance officer is required to remit the remaining$60 to the State Department of Justice. In addition to the 580 application fee,the sheriff is authorized to collect a fee of up to$10"to pay for the costs of processing the applicant's fingerprints." This goal seeks an additional$10 for mental health assessments. 3. Service of Process Fees Support legislation to amend G►.&7A-311 to raise the fee for service of process from S5 to S20. (Criminal Justice Steering Committee) This fee was last increased,from$4 to$5,in 1990. Even at the current:igure,the fee is not even close to the level needed to recover the cost of process of servi,;e. 4. Treatment of Youthful Sex Offenders Seek legislation to appropriate funds to provide resourm for treatment of youthful sex offenders so that counties will not be burdened with the cost of care ordered pursuant to G.S.IA-647. (Criminal Justice Stewing Committee) t G.S. 7A-647 deals with"dispositional alternatives for delinquent,undisciflined, abused, neglected, or dependent juvenile." The statute authorizes judges to order a juvenile to be examined by a physician, psychiatrist, psychologist or other qualified expert and to order treatment. The judge may order the parent to pay the cost of treatment o:-,"If the judge finds the parent is unable to pay the cost of care, the judge may charge tht,cost to the county. As a result, counties can be forced to incur significant expense fcr care of juveniles institutionalized in a specialized facility. This goal represents an effort to urge the state to bear these costs. S. Training dogs for fighting Support legislation to change from a misdemeanor to a felony the crime of training dogs to be used in exhibitions featuring dog fighting when a person is convicted of a second offense; as is now the case when one is convicted of a second Offense of instigating,promoting,conducting or allowing property to be used 8)r dog fighting exhibitions. (Durham County) G-S. 14-362.1(x)makes it a class 2 misdemeanor to promote, conduct,provide animals for, allow property to be used for or profit"from an exhibition featuring the fighting or bartering of an anim$i." under subsection(b), the same penalty applies to those who tram animals for such exhibitions. A second offense under subsection(a)is a Mass I felony. This goal would make a second offense a Class I felony under both subsections. Revised 11/25196 1Z- li, dti 1-1:55 Vi r Proposed Goals (As Approved by Board of Directors) HUMAN RESOURCES 1. Advisory Committees Seek legislation authorizing boards of county commissioners to appoint Rest Home and Nursing Home Advisory Committee members sufficient to equal 1me committee member per 50 nursing home and rest home beds. (New Hanover) G_S. 131E-128(b)(1), provides"In a county which has one,two,or three Nursing homes, the committee shall have five members. In a county with four or more nursing homes, the committee shall have one additional member for each musing horse in excess of three." Similar language which applies to Adult Care Home Community advisory Committees is found at G.S. 131 D-31 1_ The proposed change would delete this language and substitute, "The committee shall have one member for every 50 nursing home beds in the county"in both statutes. Community Advisory Committees work to maintain the intent of the"Resident's Bill of Rights"and to promote community involvement and cooperation with long term care facilities to ensure quality care for elderly and disabled residents_ The curl ent statutes set the maximum number of community advisory committee members based c a the number of nursing homes or adult we homes in a given county. The proposed chan,3es would allow the maximum number of community advisory committee members to be etpanded at the discretion of individual counties to meet local needs. The size of long term care facilities in many counties has increased over tt.e years. Consequently,in some counties there are many more residents per fatality In order to provide adequate coverage by the community advisory committees,counties should be given the discretion to increase the committee census to meet the county needs. 2. Automation of Human Services Seek funding to provide counties with computer hardware and software to accomplish the following purposes: a. implementation of the cUd welfare information system, b. electronic sharing of records,unit of service processing;and payments between service facilities for area mental heath programs;and C. consolidation/automation of the client interview proems in county departments of social services. (Cabarras& 1995 Goal) This goal represents the recommendation of the Human Services Automation Policy and Planning Council, an effort undertaken by the Department of Human Resntrces and the Association of County Commissioners and directed at improving human-ervice delivery through automation. The anticipated state cost is$29 million. 12 111 96 12:59 V1 919 733 1065 SC;CC 40U15 1 3. AFDC-Emergency Assistance Seek legislation providing that the counties shall be held harmless for any loss or reduction in federal AFDC-Emergency Assistance funds used to supplant state appropriations for mandated. services. (Cabarrus) Efforts have been undertaken in recent years to arrange for North Carolir a to draw down federal funds to meet widely documented needs for preventive, protective:, foster care, and treatment services. North Carolina began receiving funds under the AFDC-Emergency Assistance Program two years ago. This year,North Carolina counties,%ill draw an estimated$45 million in this funding to protect children. The increased federal receipts have been used to supplant state appropriations for an array of social and mental health services. The federal Welfare Reform Act combines the Emergency Assistance funds with others in a capped block grant. 4. Human Service Delivery Seek legislation to provide that all counties have the flexibility to reorganize theirhuman services delivery system to be more cost effective and customer focused. (Catawba) G.S. 153A-76 provides authority for the Board of County Commissioners to organize County Government. However, it sets out certain limitations to that authority which in some instances are seen as prohibiting a more cost effective community friendly organization. This proposal would allow the Board of County Commissioners to assign functions and services as appropriate to their needs,provided that duties assigned by law to certain individuals are still carried out within the law_ 5. Human Service Governance Seek legislation to amend G.S. 153A-77 to remove the population threshold and enable all counties to consolidate human service governing boards. (Legislative Gals Committee) In 1995,the Association sought legislation"to repeal the population limitation of G.S. 153A-77 that prevents counties from choosing to consolidate human service programs_" The General Assembly enacted Chapter 690 of the 1995 Session Laws(Regular Session 1996), permitting counties to create consolidated human services boards,combining boards of social services,health and mental health. As with the subsection permitting a board of eouuaissioners to assume direct control of these boards,the subsection permitting a consolidated board applies to counties with a population in !cress of 425,000. As the State looks at the impact of welfare reform,managed care,limited dollars,and operational efficiencies,the issue of how to best deliver human services,which have traditionally been provided by local social services, mental health, and health departments, will need to be addressed. iG ii- 9b i.S:uu 8'i aia 733 Lub5 �ca�c ulo 6. Special Assistance Eligibility Support legislation to require that a person be a North Carolina resident for at least 90 days in order to receive State-County special assistance for adults. (Legislative Goals Committee) Under current statutes governing the Special Assistance for Adults program a resident is defined as a person who is living in North Carolina at the time of application with the intent to remain permanently or for an indefinite period. This means that i.new resident of the state who applies for Special Assistance simply has to state his intent t,)remain here and he then meets the state residency requirement. The statute does not s.,t a minimum period of time the applicant must have lived in North Carolina in order to receive Special Assistance. An elderly or disabled adult who hwi lived in the state for one day is treated the same as one who has lived here for ten or twenty years or for all of his life. State residency has become a significant issue with the growth in the aging;population in North Carolina and surrounding states and an accompanying growth in th+;need for domiciliary care. There is strong concern that with a lenient state residency requirement, some facility owners and out-of-state residents will misuse and exploit the Special Assistance Program which is funded entirely with state and county resour,:es. Some cases of exploitation have already occurred. A safeguard is needed so that North Carolina citizens who need the program are able to use it and the taxpayers are not saddled with the unfair burden of paying for domiciliary care for citizens from other states,particularly citizens in the border states who have easy access to facilities in North Carolina due to their close proximity. Ulmer the proposed legislation, a new resident will have to reside m North Carolina for at least 90 days in order to receive Special Assistance: Revised 11/25/96 j 12, 11. 13:uu 01 919 733 1u65 NCACC ZU17 i Proposed Goals (As Approved by Board of Directors) GENERAL GOVERNMENT 1. Support for Funds for Libraries • Increased State Aid to Libraries to support 74 public library systems; • Provision of state funds to assist local governments with renovation and construction of public library facilities with a match from local sources of at least 50% of total cost(planning grants also would be available); and • Funding of the State Library's expansion request to support technical assistance, training,and statewide services for local libraries. (1995 Goal) The Association's 1995 Legislative Goals included support for increased ending for the state's libraries. We had also supported a similar goal in 1993;but were contacted by representatives of the Public Library Directors Association and the State T librarian prior to the 1995 Session about plans for a major effort to increase state funding 1br libraries. Over the last 15 years,local(mainly county)funding for public libraries his grown significantly while state funding has remained static. The request pmcsented in 1995 would have increased state funding from$10.9 million to $25 million. Significasit funding was also requested for new library construction and for technological improvements. The system received no fiords for construction and only$2 million in expansic n budget operations funds. In the coming session,funding is also being sought for an Elec avnic Library Project, at a cost of$4 to$5 million,with funding through several institutional budgets(Community Colleges,Universities,Department of Cultural Resources). Members of the Intergovernmental Relations Committee and the Legislative Goals Committee expressed strong support for increased state funding so as to restore some of the historical balance between state and local funding of our libraries. 2. Constitutional Hoene Rule Seek legislation to provide for a legislative study of constitutional home rule for local governments. (1995 Goal) North Carolina is a"Dillon's Rule'state,meaning that local government;have only the authority granted to them by the state. Approximately half of the 50 states use the"Hone Rule" (or a modified version thereof)under which local governments enj 3y authority not expressly denied to them by the state or by federal law. 1,11. 96 13:uu VI 91d 733 1u65 NCACC ZU 13 r 3. 911 fees Seek legislation to increase flexibility in the use of fees generated for Emergency 911 Services in order to expand the ability of counties to enhance these services; and to allow 911 surcharge fees to be charged to cellular and other wireless telephones. Cellular and wireless producers should be required to install equipment necessary to locate cellular users for"enhanced 911"purposes. (Wake County and 1995 Goal). In 1989,The General Assembly enacted the"Public Safety Telephone Am' authorizing the imposition of a monthly"911 charge"through telephone bills paid by subscribers. Chapter 587, Session Laws of 1989, codified as Chapter 62A of the North Carolina General Statutes. G.S.62A-8 provides that the funds raised through these fees, placed in an"Emergency Telephone Fund,"could"be used only to pay for: 1) The lease, purchase, or maintenance of emergency telephone equi;.7ment, including necessary computer hardware, software and database provisioning, addressing, and non- recurring costs of establishing a 911 system, and 2) The rates associated with the service supplier's 911 service and other service supplier recurring charges." The statute also provides that"The following expenses are not eligible for payment from the Fund: the lease or purchase of real estate, cosmetic remodeling of emergency dispatch centers,hiring,training,and compensating dispatchers, and the purchase of mobile communications vehicles, ambulances,fire engines, or other emergency v chiles." The Act makes no provision for the imposition of 911 charges on users of cellular telephone devices in much greater use than when the Act was ratified. Jr, 1995,the Association supported legislation to expand the uses for these funds. The proposal to impose these fees on users of cellular phones is new this year. 4. Funding for Entitlement Programs Seek legislation to require the State of North Carolina to assume a g rester burden of financial responsibility for social programs,specifnally Food Stamps,Aid to Famifies with Dependent Children,Medicaid and Special Assistance:,or similar programs. (Annual Conference Resolution) The total cost of these four programs in North Carolina(federal, state arxd local funds)is over$S billion. Of this total,county expenditures total over$417 milho:i, according to Raiding estimates provided by the Department of Human Resources. TI a percentages of expenditures borne by counties as well as the total county dollars spent for administration and for direct payments in each of the four programs are broken out as follows: 12.11. 8a 13:u1 01 919 733 lu65 NCACC U 19 %o Count+Dollars ftffions) Food Stamps-Administration 48.93 $ 29.76 Direct Payment --- ---- AFDC-Administration 49.89 28.63 Direct Payment 18.12 55.88 Medicaid-Administration 49.96 35.37 Direct Payment 5.47 216.97 Special Assistance-Administration 99.96 3.05 Direct Payment 50.00 47.95 Increases in the costs of these programs, particularly Medicaid,have been in double digits over the last ten years,though the increases have slowed in the last two to three years. The resolution proposing that the Association ask the General Assembly i o assume the total cost of these programs was submitted by a number of counties. 5. Institute of Government improvements Support legislation to appropriate funds for the expansion and renovation of the Institute of Government in Chapel Hill. (Legislative Goals Committee). The Institutc of Government in Chapel Bill has provided training and education for public officials«state and local, elected and appointed—since the 1930's. In 1.995,the General Assembly appropriated fimds to plan for renovation and expansion of the Institute facility so that it could continue to meet the ever expanding educational needs of public officials and do so with modern and innovative teaching methods and technology. The design of the expanded facdity calls for a construction cost of 516.1 million The iWociation's Board of Directors voted to support this funding request prior to the 1956 Legislative Session and the Legislative Goals Committee, meeting in our headquarters budding named after the Institute's founder, endorsed the request as a goal for 1997. Revised 11/25196 1:-11.96 13:U1 $'1 919 733 1U65 NCACC 4MU2U The Mowing goal was approved by the Legislative Goals Committee but was not approved by the Board of Directors. Debt Set Off, State Income Tax Refunds Seek Iegislation authorizing: 1)The Department of Revenue to with!-iold payment of state tax refunds to persons who are delinquent in payment of local iovernment property taxes,fees,and assessments on behalf of Iocal government units. 2)Local Governments to establish a single joint agency for processing and filing claims for the withholding of state tax refunds with the State Department of Revenue. Chapter 105A of the General Statutes,the Set Off Debt Collection Act, currently lists a number of state agencies entitled to collect monies owed to them by debtors receiving state income tax refunds. The Department of Revenue administers the program. This proposal would add local governments, acting through a separate joint agency rather than directly through the Department,to collect delinquent local taxes and fees through the act.