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HomeMy WebLinkAboutAgenda - 03-07-2017 - 5-a - Orange County's Proposed 2017 Legislative Agenda ORANGE COUNTY 1 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 7, 2017 Action Agenda Item No. 5-a SUBJECT: Orange County's Proposed 2017 Legislative Agenda DEPARTMENT: County Commissioners ATTACHMENT(S): INFORMATION CONTACT: 1) Public Hearing Notice Commissioner Renee Price, 245-2130 2) Proposed Orange County 2017 Commissioner Mark Marcoplos, 245-2130 Legislative Matters Resolution on John Roberts, County Attorney, 245- Statewide Issues with Exhibit 2318 3) Proposed Orange County 2017 Greg Wilder, County Manager's Office, Legislative Matter Resolution on 919-245-2300 Hunting While Subject to an Impairing Substance with Exhibit 4) NCACC 2017-18 Adopted Legislative Goals (For Reference Purposes Only) PURPOSE: To: 1) Conduct a public hearing on Orange County's potential legislative items for the 2017 North Carolina General Assembly Session; 2) Close the public hearing and review and discuss the Legislative Issues Work Group's (LIWG) proposed 2017 legislative package and any other potential items for inclusion in Orange County's legislative agenda package for the 2017 North Carolina General Assembly Session; 3) Consider approval of one proposed legislative matters resolution on Statewide Issues; 4) Consider approval of one proposed legislative matters resolution on the hunting while subject to an impairing substance; and 5) Consider identifying three to five specific items from the entire package to highlight for priority discussion at the March 27, 2017 breakfast meeting with Orange County's legislative delegation. BACKGROUND: The 2017 North Carolina General Assembly "long session" convened in January. The Board of Commissioners has historically appointed two Commissioners to serve on a Legislative Issues Work Group (LIWG) to work with staff to develop a proposed legislative package for the County. Based on the work of the LIWG, the BOCC has then reviewed and approved packages of legislative items to pursue for the respective North Carolina General Assembly sessions. Commissioners Renee Price and Mark Marcoplos are serving on the 2017 LIWG and have worked with staff on the proposed 2017 legislative package which is attached. Each year the Board conducts a public hearing on Orange County's proposed legislative agenda. In preparation for this public hearing, staff publishes a public hearing notice. For 2017 staff published a public hearing notice (see Attachment 1) in three different local newspapers. This notice of the public hearing was also posted on the County's website and on Facebook and Twitter. 2 After conducting and closing this public hearing, the Board will likely want to review and discuss the LIWG's proposed 2017 legislative package items and any other items as may be addressed during the public hearing. The Board will then need to consider both legislative matters resolutions based on the public hearing and Board discussion. The first proposed legislative matters resolution (Attachment 2) addresses a broad range of statewide issues. A number of the items in this resolution are continued forward from the Board's 2016 legislative package resolution. The resolution also includes new items not detailed in the 2016 resolution, specifically Item #21 as well as Items 32 through 41. The second legislative matters resolution (Attachment 3) concerns a request for the introduction of a local bill to prohibit hunting while subject to an impairing substance. Following consideration of the resolutions, and in preparation for its March 27, 2017 breakfast meeting with Orange County's legislative delegation, the Board may want to consider identifying three to five specific items from the entire package to highlight for priority discussion. The work of the Legislative Issues Work Group to this point is based on the current information available for the 2017 General Assembly Session. The issues addressed by the Group may evolve and change over the session and require additional attention by the Group and Board of Commissioners. New issues may also arise necessitating additional review. For reference purposes only, staff has provided the North Carolina Association of County Commissioners (NCACC) 2017-18 Adopted Legislative Goals (Attachment 4) which were adopted by NCACC in mid-January 2017. Some of the items in the legislative matters resolution regarding statewide issues (Attachment 2) generally coincide with NCACC's goals and those items are noted in the resolution accordingly. FINANCIAL IMPACT: There is no financial impact associated with holding a public hearing other than the newspaper advertisement costs which were included in the approved FY 2016-17 budget. SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with conducting the public hearing and approving the 2017 legislative package. RECOMMENDATION(S): The Manager recommends the Board: 1) Conduct a public hearing on Orange County's potential legislative items for the 2017 North Carolina General Assembly Session; 2) Close the public hearing and review and discuss the Legislative Issues Work Group's (LIWG) proposed 2017 legislative package and any other potential items for inclusion in Orange County's legislative agenda package for the 2017 North Carolina General Assembly Session; 3) Approve the proposed legislative matters resolution on Statewide Issues; 4) Approve the legislative matters resolution hunting while subject to an impairing substance; and 5) Consider identifying three to five specific items from the entire package to highlight for priority discussion at the March 27, 2017 breakfast meeting with Orange County's legislative delegation. Pending action by the Board, staff will work with the Chair to draft a cover letter for the materials to be presented to the legislative delegation. Staff will also compile a one page synopsis highlighting the three to five specific items identified by the Board. 3 Attachment 1 ORANGE COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING NOTICE FOR Tuesday, March 7, 2017 at 7:00 p.m. A public hearing will be held on Orange County's potential legislative agenda for the 2017 North Carolina General Assembly Session. The issue areas to be addressed include: • Revenue and Taxation • Mental Health • Transportation Responsibility • Smart Start and NC Pre-K • Solar Energy • Aquatic Vegetation Control • Jail/Inmate Reimbursement • E-911 Funds • Hunting While Impaired • Broadband/Digital Infrastructure • Use Value Program • Concealed Weapons in Parks • Sales Tax Distribution • Child Care • House Bill 2 and Protected Classes • Juvenile Jurisdiction Age • Minimum Wage • Medicaid Program Expansion • Priority School Issues • Death Penalty • Voter Registration & Voting • Constitutional Duties • Bona Fide Farms • Fees in Lieu for Road Maintenance • Electronics Recycling • Eminent Domain • Preservation Trust Fund Support • Transportation Funding • Court Funding • Agricultural Economic Development • Economic Development Efforts • Crime Intervention Services • Behavioral Health Services • Opioid Epidemic Efforts • State/County Partnership for Education • Adult Protective Services • Solid Waste Programs/Recycling Authority The Board of Commissioners welcomes all comments on all items as may be introduced or addressed at the public hearing. The meeting is open to the public and will be held on Tuesday, March 7, 2017 at the Richard Whitted Meeting Facility at 300 West Tryon Street in Hillsborough beginning at 7:00 p.m. If you need additional information or would like to provide written comments, please contact Greg Wilder at 919-245-2300 or ocbocc @orangecountync.gov. DRAFT Attachment 2 4 RES - 2017 - 011 NORTH CAROLINA RESOLUTION REGARDING ORANGE COUNTY LEGISLATIVE MATTERS BE IT RESOLVED by the Board of County Commissioners of Orange County that the Board hereby requests the Senator and Representatives representing Orange County take the following positions on legislation regarding the following Statewide matters : 1) * Smart Start and NC Pre-K - Support legislation to increase and ensure secure and stable funding, enhanced quality early care and education, and family access and benefits in settings public and private; 2) Child Care - Seek legislation to reverse changes made to the childcare subsidy program available to working families, including establishing eligibility for all children at 200% of the federal poverty level, to help many working parents who are trying to become more financial self-sufficient, and to prorate fees for children attending based on the hours attended; 3) Expansion of Medicaid Program - Support legislation to increase access to the Medicaid program to make health insurance available to approximately 500, 000 more North Carolina residents and as additional support for rural An item denoted with a "*" generally coincides with a similar North Carolina Association of County Commissioners (NCACC) 2017-18 Legislative Goal. 5 hospitals; 4) Mental Health - Seek legislation to ensure that adequate State-funded mental health, developmental disability, and substance abuse services and facilities are available at the local level, accessible and affordable to all residents and that sufficient state resources fund service provision costs inclusive of sufficient crisis intervention and treatment, and to structure appropriate county participation in governance; 5) People with Mental Health Issues in County Jails - Support legislation to develop and fund a plan to reduce the number of people with mental health issues in county jails (See EXHIBIT A Regarding the National Association of Counties (NACo) Stepping Up Initiative) ; 6) * Raise Age for Juvenile Jurisdiction in Criminal Court - Support legislation and funding to raise the Age of Juvenile Jurisdiction from 16 to 18; 7) County Jail System/Housing State Inmates Reimbursement - Support legislation to protect the fiscal viability of the county jail system by reinstating reimbursement 6 for state inmates housed in county jails sentenced to 90 days or less; 8) Minimum Wage Increase - Support legislation to raise the minimum wage to enhance people' s economic security, improve access to safe and secure housing, boost the economy with increased spending, decrease dependence on government assistance programs, and improve the lives of families; 9) Machinery Act - Support local governments' need for more flexibility to remedy measurement and/or condition property appraisal errors related to local property tax functions . North Carolina property tax law substantially limits the ability of local governments to address property tax discrepancies, such as prohibiting the refund of prior years' taxes paid after a measurement and/or condition property appraisal error is discovered. Just as local governments can recoup prior years' property taxes from owners for "discoveries", local governments should likewise be authorized to refund prior years' taxes paid when situations such as measurement and/or condition property appraisal errors are discovered; 7 10) Homestead Exemption - Support revisions to the Homestead Exemption provisions of the Machinery Act to: a) provide greater opportunities for low-income seniors to remain in their homes and not be displaced due to property tax burdens by approving a one-time ten percent (100) increase in the base income qualification standard; and maintaining the current provisions which increase the income qualification standard each year based on any cost-of-living adjustment made to the benefits under Titles II and XVI of the Social Security Act for the preceding calendar year; and b) diminish the discriminatory features of the current exemption provisions relating to married couples by establishing graduated income qualification standards for single individuals versus married couples; 11) Sales Tax Distribution Formula - Support legislation directing that all sales tax be distributed on a per capita basis as it is fair and more equitable for counties with less economic development as compared to the point of delivery basis . The UNC School of Government has indicated that a per capita basis tax "would indeed be a more even distribution of LOST revenue across the state"; 8 12) Maintain Local Government Authority over Solid Waste Management - Oppose any shift of solid waste management and recycling services away from local governments; 13) Electronics Recycling - Support legislation to provide additional funding to local governments for electronics recycling to cover significant increased costs for recycling these materials and to oppose the lifting of restrictions on disposal of electronics in landfills; 14) Re-instatement of Earned Income Tax Credit - Support legislation to re-instate the State Earned Income Tax Credit which greatly benefitted low wage earners until its elimination after the 2013 tax year; 15) Voter Registration and Voting - Support legislation to: 1) maintain same day voter registration, early voting and Sunday voting provisions, and the pre-registration of 16 and 17 year olds in preparation for voting; 2) restore straight party ticket voting, the validity of out of precinct provisional ballots, and the public financing of judicial elections; and 3) eliminate all photo identification requirements; 9 16) Abolish State Death Penalty - Support legislation to abolish the State of North Carolina' s death penalty; 17) Priority School Issues - Support legislation to address the following issues related to schools : a) * Provide local school systems with calendar flexibility; b) * Provide full funding for State allotments including Average Daily Membership (ADM) growth, and support legislation to provide for an overall increase in funding based on average daily memberships outside of the current formula system; c) Impose class size reductions commensurate with State funding for staffing; and d) Maintain full funding for Driver Education; 18) Fulfillment of Constitutional Duties - Oppose any legislation, that seeks to exempt any government employee or agent from fulfilling his/her constitutional duties, including but not limited to guaranteeing the right to marry for same-sex residents of North Carolina; 19) Oppose any shift of state transportation responsibilities to counties - Oppose legislation to 10 shift the state' s responsibility for funding transportation construction and maintenance projects to counties . Counties cannot afford to assume costs for maintaining secondary roads and/or funding expansion projects; 20) * Broadband/Digital Infrastructure - Support legislation, funding, and other efforts that provide counties with flexibility and opportunities to support options for increasing access to high-speed internet connectivity and expanding digital infrastructure/broadband capability to the un-served and under-served areas of the state . Access to high speed internet connections will reduce disparities, enhance quality of life for all the State' s residents, and broaden opportunities in areas such as education, jobs creation, small business development, health care, civic participation, and growth in farm enterprises ; 21) Repeal of House Bill 2 and Expansion of Protected Classes - Seek statewide legislative action to repeal House Bill 2 and provide all North Carolina local governments with the authority to include sexual orientation and gender identity as protected classes in order to protect these classes from discrimination and discriminatory practices; and authorize complaints for 11 discrimination to be brought in North Carolina Courts by any Equal Employment Opportunity Commission recognized protected class; 22) Eminent Domain - Oppose adding language to a constitutional amendment on eminent domain that extends any further preemption of county authority to regulate the placement of telecommunication towers; 23) Fees-In-Lieu - NCDOT as Additional Recipient - Support legislation amending North Carolina General Statute 153A-331 to add a provision allowing counties to transfer fees collected as part of subdivision development, and in lieu of required street construction, to be transferred to and held by the North Carolina Department of Transportation (NCDOT) for the future construction of roads intended to be added to the State Maintained system. Presently there is no mechanism where a county can collect fees in lieu of transportation improvement construction based on conditions agreed to by both parties during a conditional zoning process . These fees may be for a developer fair share of a future comprehensive intersection improvement but would not be built by NCDOT until other funding could be assigned to do a complete improvement; 12 24) Bona Fide Farm Use - Support legislation clarifying that the farm use and agriculture exemption of 153A-340 that restricts local zoning authority applies only to property on which the production of crops or livestock is the primary use . Clarify that marketing and agri- tourism activities must be secondary uses of the property and do not qualify for the exemption in the absence of the production of crops or livestock; 25) * Revenue Options for Local Government - Support efforts to preserve and expand the existing local revenue base of counties, and oppose efforts to divert to the state fees or taxes currently allocated to the counties to the state . Oppose efforts to erode existing county revenue streams and authorize local option revenue sources already given to any other jurisdiction; 26) E-911 Funds - Support protection and broader applications of the NC 9-1-1 Fund to be used primarily for assuring that 9-1-1 systems are able to upgrade existing performance levels in order to pay for 9-1-1 operations or 9-1-1 related upgrades such as the infrastructure needed to migrate to next-generation (NG911) technology. Orange County has appreciated past 13 efforts and supports future initiatives to assure our citizens are provided continued access to emergency services from all sources; 27) Solar Energy - Support renewable energy initiatives available to residential, commercial, industrial and agricultural activities to create a market for energy credits . This support will provide incentives to produce renewable energy, which will become increasingly important to preserving and strengthening the economy and infrastructure, and in the case of agriculture help maintain rural heritage and culture; 28) * Land, Water and Agricultural Preservation Funding - Support Park, Agricultural Preservation, Clean Water Management and other existing trust funds established for the protection of the State' s land, water, biological resources, agriculture, and special places before they are irreversibly lost, and request that these funds receive additional funding; 29) Agriculture - Support Conservation of Working Lands and Farmland Preservation - Support a revision to the revenue and acreage requirements of the Use Value Program to reduce acreage requirements and increase the income threshold; 14 30) * Aquatic Vegetation Control - Support legislation to provide for and fund a comprehensive statewide approach to noxious aquatic vegetation control in public water reservoirs; 31) Concealed Weapons in Parks -Seek legislation re- authorizing counties to fully regulate the carrying of concealed weapons on county-owned playgrounds and in county-owned parklands and authorize counties to prohibit the carrying of concealed weapons on county and county funded college/university campuses, in addition to playgrounds; 32) Opioid Epidemic Efforts - Support adequate funding for programs to provide and expand access for individuals with opioid use disorder to seek and complete treatment, and sustain recovery, as well as increased funding to collect data regarding opioid overdoses and to provide for additional law enforcement to investigate and enforce drug laws; 33) * Agricultural Economic Development - Support state funding and staffing for agricultural research, Cooperative Extension services and other agriculture- 15 related efforts to support the largest economic driver in North Carolina; 34) * Transportation Funding - Support increased state funding for transportation construction and maintenance needs, and support legislation to ensure that the STI funding formula recognizes that one size does not fit all and that projects in both rural and urban areas are prioritized and funded; 35) * Behavioral Health Services - Support increased state funding for behavioral health services and facilities at the state and local level, including dedicated resources for community paramedicine projects . Support Medicaid reimbursement to EMS for behavioral health transport to crisis centers and structure appropriate county participation in behavioral health program governance; 36) * Adult Protective Services - Support increased funding and legislation to strengthen adult protective services; 37) * Court Funding - Support increased state funding for NC courts, including reinstating funding for drug treatment court; 16 38) * Crime Intervention Services - Support legislation and state funding to provide early intervention services through the Juvenile Crime Prevention Councils, and support increased state funding for the prevention, intervention and treatment of adolescent substance abuse, gang involvement and domestic violence; 39) * State/County Partnership for Education - Seek legislation to establish a new state-county partnership to address statewide public school capital challenges-- including but not limited to maintenance, renovation, construction and debt--through a dedicated, stable funding stream that is consistent from county to county and sufficient to meet the school facility needs of all 100 counties; 40) * Economic Development Efforts - Support legislation to grow North Carolina ' s statewide economy through sound state investments, including public infrastructure funding, competitive incentives, and coordinated efforts with county economic development services; and 41) Exemption to 180 Day Temporary Electricity Connection Limit for Recreational Vehicles in a Campground or Other Similar Park - Support legislation to provide an 17 exemption to the current 180 day temporary utility connection limit as contained within the building code for individuals utilizing campers and/or recreational vehicles as temporary housing units while supporting/visiting family members undergoing treatment in local hospitals . An item denoted with a "*" generally coincides with a similar North Carolina Association of County Commissioners (NCACC) 2017-18 Legislative Goal. 18 Upon motion of Commissioner , seconded by Commissioner 1 the foregoing resolution was adopted by a vote of this the day of March, 2017 . I, Donna Baker, 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 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 , 2017 . Clerk to the Board of Commissioners EXHIBIT A OW, 1q /�-,L Res-2015-038 ORANGE COUNTY BOARD OF COMMISSIONERS c. Resolution Supporting "Stepping Up Initiative to Reduce the Number of People with Mental Illnesses in Jails" WHEREAS, counties routinely provide treatment services to the estimated 2 million people with serious mental illnesses booked into jails each year; and WHEREAS, prevalence rates of serious mental illnesses in confinement facilities are three to six times higher than for the general population, with statistics showing that almost 13% of North Carolina's prison population requires some type of intervention due to mental health issues; and WHEREAS, almost three-quarters of adults with serious mental illnesses in jails have co-occurring substance use disorders; and WHEREAS, adults with mental illnesses tend to stay longer in jail and upon release are at a higher risk of recidivism than people without these disorders; and WHEREAS, county jails spend two to three times more on adults with mental illnesses that require interventions compared to those without these treatment needs; and WHEREAS, without the appropriate treatment and services, people with mental illnesses can continue to cycle through the criminal justice system, often resulting in tragic outcomes for these individuals, their families, and their communities; and WHEREAS, county jails are generally an unsafe environment for those with mental health treatment needs; and WHEREAS, the North Carolina Association of County Commissioners has undertaken a serious effort to address the local service needs of those with mental illnesses through the appointment of a special Task Force; and WHEREAS, Orange County, like all counties, takes pride in our responsibility to protect and enhance the health, welfare and safety of our residents in efficient, safe, and socially just ways; and WHEREAS, through the Stepping Up Initiative, the National Association of Counties, the Council of State Governments Justice Center and the American Psychiatric Foundation are encouraging counties to reduce the number of people with mental illnesses in county jails; NOW THEREFORE, be it resolved by the Orange County Board of Commissioners: 1. That the Board of Commissioners does hereby sign on to the Call to Action to reduce the number of people with mental illnesses in our county jail and commits to sharing lessons learned with other counties in North Carolina and across the country to support the Stepping Up Initiative; and 2. That the Board of Commissioners will utilize resources available through the Stepping Up Initiative and other resources provided by the Council of State Governments Justice Center to convene a diverse team of leaders and decision makers from multiple agencies who are committed to safely reducing the number of people with mental illnesses in jails, and 3. That this team will utilize the comprehensive resources available through the Stepping Up Initiative to develop a plan to reduce the number of people with mental illness in the county jail for 2016-2020, consistent with the Council of State Governments Justice Center report and recommendations, to be presented to the Board of Commissioners at its first meeting in December 2015. This the 1st day of September, 2015. 6.4 74/1 e Earl McKee, Chair Orange County Board of Commissioners DRAFT Attachment 3 20 RES-2017-012 NORTH CAROLINA RESOLUTION REGARDING ORANGE COUNTY LEGISLATIVE MATTERS BE IT RESOLVED by the Board of County Commissioners of Orange County that the Board hereby requests the Senator and Representatives representing Orange County to introduce and support the following legislative matter: 1 . AN ACT TO PROHIBIT HUNTING WHILE SUBJECT TO AN IMPAIRING SUBSTANCE IN ORANGE COUNTY (Exhibit A) ; Upon motion of Commissioner , seconded by Commissioner , the foregoing resolution was adopted this the day of March, 2017 . I, Donna Baker, 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 , 2017 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 , 2017 . Clerk to the Board of Commissioners 21 EXHIBIT A BILL DRAFT 2017- 1 A BILL TO BE ENTITLED AN ACT TO AMEND SECTION 5 OF SESSION LAW 2007- 2 264 TO ADD ORANGE COUNTY. 3 4 The General Assembly of North Carolina enacts: 5 SECTION 1. Section 5 of S.L. 2007-264 reads as rewritten: 6 "SECTION 5. Sections 1 through 4 of this act apply to Caswell, Johnston, Orange, and Stanly 7 Counties. Sections 1, 3, and 1 of this act apply to Orange County." 8 SECTION 2. This act is effective when it becomes law. 9 21 EXHIBIT A BILL DRAFT 2017- 1 A BILL TO BE ENTITLED AN ACT TO AMEND SECTION 5 OF SESSION LAW 2007- 2 264 TO ADD ORANGE COUNTY. 3 4 The General Assembly of North Carolina enacts: 5 SECTION 1. Section 5 of S.L. 2007-264 reads as rewritten: 6 "SECTION 5. Sections 1 through 4 of this act apply to Caswell, Johnston, Orange, and Stanly 7 Counties. Sections I, 3, and 4 of this act apply to Orange County." 8 SECTION 2. This act is effective when it becomes law. 9 22 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2007 SESSION LAW 2007-264 SENATE BILL 473 AN ACT TO PROHIBIT HUNTING AND FISHING ON PRIVATE PROPERTY WITHOUT WRITTEN PERMISSION FROM THE LANDOWNER OR LESSEE AND TO PROHIBIT HUNTING ON PRIVATE PROPERTY WHILE UNDER THE INFLUENCE OF AN IMPAIRING SUBSTANCE. The General Assembly of North Carolina enacts: SECTION 1. It is unlawful to take wildlife or attempt to take wildlife on the land of another, or to fish on the land of another, without having on one's person while hunting or fishing the written permission, signed and dated for the current hunting or fishing season, of the landowner or lessee, or the landowner's or lessee's designee. The written permission shall not be valid for more than one year and may be valid for a shorter period stated in the permission. The written permission shall be displayed upon request of any law enforcement officer of the Wildlife Resources Commission, by sheriffs and deputy sheriffs, and by other law enforcement officers with general subject matter jurisdiction. SECTION 2. It is unlawful for a person to take wildlife or attempt to take wildlife on the land of another while under the influence of an impairing substance or after having consumed sufficient alcohol that the person has an alcohol concentration of 0.08 or more. For purposes of this section, the terms "impairing substance" and "under the influence of an impairing substance" are defined as set forth in G.S. 20-4.01. SECTION 3. Violation of this act is a Class 2 misdemeanor. SECTION 4. This act is enforceable by law enforcement officers of the Wildlife Resources Commission, by sheriffs and deputy sheriffs, and by peace officers with general subject matter jurisdiction. SECTION 5. Sections 1 through 4 of this act apply to Caswell, Johnston, and Stanly Counties. Sections 1, 3, and 4 of this act apply to Orange County. SECTION 6. Section 4 of S.L. 2005-264 reads as rewritten: "SECTION 4. This act applies only to Orange and Wilson Counties.County." SECTION 7. This act becomes effective October 1, 2007, and applies to offenses committed on or after that date. In the General Assembly read three times and ratified this the 24th day of July, 2007. s/ Beverly E. Perdue President of the Senate 23 s/ Joe Hackney Speaker of the House of Representatives Page 2 Session Law 2007-264 Senate Bill 473 FOR REFERENCE 24 Attachment 4 PURPOSES ONLY NCACC 2017-18 Adopted Legislative Goals North Carolina Counties' Five Priority Goals 1. PE-1: Seek legislation to establish a new state-county partnership to address statewide public school capital challenges--including but not limited to maintenance, renovation, construction and debt--through a dedicated, stable funding stream that is consistent from county to county and sufficient to meet the school facility needs of all 100 counties. 2. PE-2: Seek legislation to repeal the statutory authority under N.C. Gen. Stat. 115C-431(c)that allows a local school board to file suit against a county board of commissioners over county appropriations for education. 3. TF-1: Support efforts to preserve and expand the existing local revenue base of counties, and oppose efforts to divert to the state fees or taxes currently allocated to the counties to the state. Oppose efforts to erode existing county revenue streams and authorize local option revenue sources already given to any other jurisdiction. 4. GG-1:Support increased state funding for transportation construction and maintenance needs, and support legislation to ensure that the STI funding formula recognizes that one size does not fit all and that projects in both rural and urban areas are prioritized and funded. 5. JPS-1: Support legislation and funding to raise the Age of Juvenile Jurisdiction from 16 to 18 with the exception of felony crimes. 25 NCACC 2017-18 Adopted Legislative Goals Agriculture Approved Goals AG-1: Support state funding and staffing for agricultural research, Cooperative Extension services and other agriculture-related efforts to support the largest economic driver in North Carolina. AG-2: Support legislation allowing counties to partner with neighboring counties to establish multijurisdictional regional Agricultural Business Districts that allow for favorable taxation and incentives to attract agricultural businesses to the region. • Counties want to encourage regional agribusiness operations to support local agricultural activities and economic development. Guiding Principles • The Association supports local control over land-use decision-making and its impact on the agricultural community. • The Association supports state policies providing local options and tools for the preservation of farmland if they serve the best interest of all counties. • The Association supports research, education and outreach with various public and private partnerships that result in agricultural development opportunities, sustainable initiatives producing low-cost food and energy that will, in turn, create healthy local economies. • Agricultural issues related to the environment transcend governmental boundaries and require close coordination of policy and action by federal, state and local governments. • Powers delegated to the counties for the protection of the public health are important for protecting the land and water resources that are vital for agricultural endeavors. • The General Assembly should provide funds for any increased county responsibility related to animal control operations and/or facilities. 26 Environment Approved Goals ENV-1: Support legislation to increase funding for the Clean Water Management Trust Fund for water and sewer infrastructure projects. ENV-2: Support legislation to study and address air quality matters relating to the removal and treatment of coal ash deposits. • Legislation related to coal ash clean-up during the 2015-16 session did not address issues related to the ash's effect on air quality when removed. ENV-3: Support legislation to provide for and fund a comprehensive statewide approach to noxious aquatic vegetation control in public water reservoirs. • Rapidly growing aquatic weeds have spread among many of the state's water sources, inhibiting tourist and recreational activities and clogging water treatment plants. • Recent legislation expanded uses for state funds to help control weeds in lakes and rivers, but eradication is still expensive and difficult for counties. Environment Guiding Principles • Public policy on environmental protection must recognize that all physical human activities have an impact on the environment, and provide recognition that there must be a balance between those activities and the environment. • Enhancements to the environment laws of North Carolina should be justified by sound science and information and based on a clear rationale and purpose for regulatory change. • State agencies responsible for developing administrative rules to implement federal and state policies should involve local governments in the process at the earliest stages of development and should proceed only after thorough analyses of health, environmental and fiscal risks and impacts. • State agencies issuing permits for activities that affect the environment should give local governments ample opportunity to comment on proposed permits for consistency with local plans and policies. • If state law delegates responsibility to local governments for implementing, monitoring and enforcing environmental policy, the state should provide optimum flexibility and discretion in setting fees at the local level to carry out these responsibilities. 27 General Government Approved Goals GG-1: Support increased state funding for transportation construction and maintenance needs, and support legislation to ensure that the STI funding formula recognizes that one size does not fit all and that projects in both rural and urban areas are prioritized and funded. • Transportation and other infrastructure needs in our rapidly growing state are outpacing available resources to fund them. • Increased revenue will be necessary to meet more of these needs. • Formulas used to prioritize projects should take into account the diversity of county transportation needs. GG-2: Seek legislation to authorize counties to require HOAs or developers to post maintenance bonds for publicly dedicated subdivision roads, require DOT to expedite acceptance of subdivision roads into the state road system, and implement a statewide approach to maintaining pre-subdivision ordinance roads. • NCDOT will not accept subdivision streets into the state road system until a certain housing density is met. • In some cases, either DOT standards had changed or roads deteriorated to the point DOT will not now take on maintenance responsibility unless homeowners pay to improve road conditions. • Maintenance of private subdivision roads built prior to local subdivision regulations is a struggle for counties across the state and often poses a danger to traffic and emergency response • A dedicated funding source through bonds posted by HOAs or developers would ensure that funds are available to properly maintain the roads so that they can be accepted into the NCDOT maintenance system when density requirements are met. GG-3: Seek legislation, funding, and other efforts to expand digital infrastructure/broadband capability to the un-served and under-served areas of the state. • Access to broadband is crucial for public education and economic development, and areas of the state without access to high-speed Internet are increasingly at a disadvantage. • Counties have resources available, but have limited authority to invest in infrastructure or partner with private providers to expand Internet access. GG-4: Support goals of the NC Military Affairs Commission. • North Carolina has a long tradition of supporting the military and is currently home to nine major military installations supporting nearly 578,000 jobs. 28 • The NC Military Affairs Commission helps support the military presence in the state, coordinates with military leaders, economic developers and support groups, and prepares the state for the next BRAC round. GG-5: Support legislation to grant all counties the option to provide notice of public hearings and other legal notices through electronic means in lieu of required publication in any newspaper. • Newspaper subscriptions have greatly decreased with more people getting their information from electronic sources. • All counties now have the ability to share legally-required notices through multiple electronic means. • Authorizing flexibility to decide how to provide public notice allows counties to best reach their individual communities. Guiding Principles • The Association recognizes the importance of the State-County partnership and its unique role in providing services to all citizens. • The State should actively seek input from counties while developing rules and regulations that impact counties, particularly concerning property rights. • Local general purpose governments are the building blocks for solving regional problems; regional approaches should be based on the need to strengthen and support local governments. • Intergovernmental agreements should be used where appropriate to attain efficient performance, as determined by local elected officials. • Encourage public-private partnerships when in the best interest of the citizens. • Reserve federal action for those areas where state and local governments are not adequate and where continuing national involvement is necessary, e.g. national defense, provided resources are made available by the national government. • All local government institutions should be engaged in developing and coordinating services to meet the needs of citizens. Counties will strive to maintain and enhance these partnerships 29 Health and Human Services Approved Goals HHS-1:Support increased state funding for behavioral health services and facilities at the state and local level including dedicated resources for Community Para medicine projects. Support Medicaid reimbursement to EMS for behavioral health transport to crisis centers and structure appropriate county participation in behavioral health program governance. • Counties seek a continued constructive voice in behavioral health policy as partners in funding and providing public health services. • Counties support additional state resources to assist with crisis services, mental health management, substance abuse services and hospital capacity. • Community Paramedicine projects enhance local health systems and allow counties to reach underserved populations. • State Medicaid rules allow payment for medically necessary transports to hospitals but do not permit payment for transport to mental health crisis centers where patients can receive care targeted to their needs. HHS-2: Seek increased state funding to support access to early childhood education. • Access to early childhood education is a strong indicator of a child's future academic success, and counties support increased funding for early education programs such as Smart Start and NC-Pre K. HHS-3: Support increased funding and legislation to strengthen adult protective services. • The growing elder adult population in the state has led to increases in vulnerable adults suffering from neglect, abuse and exploitation. • While reports and actual incidents have increased, county staff to investigate and provide services has not grown. HHS-4: Support legislation to align oversight standards for lawful body piercing with lawful tattooing. • To reduce unnecessary exposures to blood borne pathogens including HIV and hepatitis, additional oversight standards for body piercing operations are needed similar to current oversight standards for tattoo services. Guiding Principles • The Association supports county, regional and state collaboration to improve agency automation and simplify programs, to streamline administration and to improve client interaction. 30 • The Association opposes earmarking of block grant funds, and supports increased funding for mandated services, provided the increases do not require additional county expenditures. • Counties must be actively engaged in setting health and human services policy and program requirements. Programs should be flexible and recognize the state's changing demographics. • Health and human services programs should encourage responsible behavior and should be targeted to those citizens least able to care for themselves. They should encourage families to be responsible supporters of their children and help individuals find sustainable, long-term employment. • The State should take the lead in financing, implementing, maintaining, and supporting statewide automated systems; automation efforts undertaken by the State should connect and integrate with county automation initiatives. 31 Justice and Public Safety Approved Goals JPS-1: Support legislation and funding to raise the Age of Juvenile Jurisdiction from 16 to 18 with the exception of felony crimes. • North Carolina is one of only two states that automatically process every 16 and 17 year-old through the adult criminal justice system and provides no opportunity for the youth to appeal for a transfer to the juvenile system. • The adult justice system is punitive and costly, whereas the juvenile justice system focuses on providing therapeutic and rehabilitative services to reduce recidivism. • Raising the age of juvenile jurisdiction is critical, as teens who are convicted of misdemeanors offenses endure significant and lifelong barriers to employment, housing, higher education and military service. • A legislative proposal to raise the age of juvenile jurisdiction to 18 should include sufficient funding to fully implement the change. JPS-2: Support increased state funding for NC courts, including reinstating funding for drug treatment court. • Since the recession, funding for NC courts has been cut by tens of millions of dollars, placing a greater financial burden on counties. • Such cuts limit access to justice and erode judicial efficiency. • Drug treatment courts were created by the General Assembly in 1995 to address substance abuse issues in the criminal justice system and reduce alcohol and drug-related caseloads. • Without state funding for these courts, many counties have lost a valuable resource for managing judicial caseloads and effectively delivering substance abuse treatment. JPS-3: Support legislation and state funding to provide early intervention services through the Juvenile Crime Prevention Councils and support increased state funding for the prevention, intervention and treatment of adolescent substance abuse, gang involvement and domestic violence. • Juvenile Crime Prevention Councils are statutorily required to prioritize funding for juveniles who have already been adjudicated as delinquent, which generally consumes the entire fund allocation. • Additional funding is needed to enable JCPCs in all counties to provide early intervention services in an effort to reduce and prevent juvenile crime. JPS-4: Support legislation increasing penalties for tattooing without a permit. 32 • Unauthorized tattooing has heightened exposure to blood borne pathogens and resulted in increased cases of HIV and hepatitis across the state. • Enhancing the penalties for tattooing without a permit will deter the behavior and improve public safety statewide. Guiding Principles The statewide judicial system, including effective ancillary services and programs, should be adequately funded and staffed in order to provide an efficient environment for judicial process and to instill public confidence in the justice system. • Adjudication should be swift, in order to minimize overcrowding in county jails. • Bonds should be reasonable, and effective pre-trial screening and population management efforts should be encouraged. • Offenders should be held accountable to society and required to pay a proportionate share of the fees resulting from their offenses, including fees to counties • Effective prevention programs, alternatives to incarcerations and other related services should be supported in an effort to help reduce recidivism rates and lower county jail costs. 33 Public Education Approved Goals PE-1: Seek legislation to establish a new state-county partnership to address statewide public school capital challenges--including but not limited to maintenance, renovation, construction and debt--through a dedicated, stable funding stream that is consistent from county to county and sufficient to meet the school facility needs of all 100 counties. • Both economically depressed and rapidly-growing larger counties have struggled to adequately provide for school capital needs. • When the NC Education Lottery was enacted in 2005, 40% of the annual net proceeds were directed to the Public School Building Capital Fund to provide a sustainable source of revenue to help counties address these needs. • Since 2010, the General Assembly has set the lottery appropriation for school construction at $100 million, necessitating an alternate solution for meeting school capital needs. • The solution should encourage and foster innovation in school construction, financial efficiency, and provide all North Carolina public school students a safe and welcoming educational environment. • It should also guarantee a long term commitment to our most challenged counties, use the State's AAA credit rating strategically, and represent a 100- county solution. PE-2: Seek legislation to repeal the statutory authority under N.C. Gen. Stat. 115C-431 (c) that allows local school boards to file suit against a county board of commissioners over county appropriations for education. • G.S. 115C-431 (c) expressly authorizes school boards to sue counties over "sufficiency" of current expense or capital funding levels, leaving courts to determine sufficiency. • This statutory authorization creates an adversarial relationship between the school boards and the boards of county commissioners and has cost taxpayers millions of dollars in legal fees and litigation expenses. • In 2016, the General Assembly passed legislation directing the Program Evaluation Division to conduct a study of the issue, which is underway. PE-3: Support legislation to provide for an overall increase of funding based on average daily memberships outside of the current formula system. • State funding for education has increased over the past few years, but in high growth counties, those funds have not kept up with the pace of growth. • The current use of formulas directing state funding to counties that have small or even declining school populations has created an inefficient system. • Additional funding, apart from the current funding formula, that is based solely on average daily memberships is essential to adequately fund the education needs of all counties. 34 PE-4: Support legislation providing flexibility to align K-12 and community college calendars. • Currently, community college classes start in early August while public schools begin in late August. • It would benefit both systems and the families involved if the systems were allowed to coordinate their school year calendars to best meet their needs. • Flexibility would allow for more effective use of continuing technical education resources, allow public school students to take community college courses during their normal school day, and improve efficiencies combining community college students, early college students, and high school students for instruction. Guiding Principles • The Association supports efforts to clarify State and county responsibility through legislation that recognizes the following: o the impact of changing technologies on basic educational needs and the job market of the future; o the impact of any changes on the facility needs of local school systems; o the need for county commissioners to have the authority to make sure funds appropriated for school facility needs are used accordingly; and o the challenges faced by counties, especially those near metropolitan areas, in balancing growth in school populations with stagnant county revenues. • Taxing authority for local public education should be vested exclusively with boards of county commissioners. • The State should define and support an adequate sound basic education in all local school systems and should appropriate adequate operating revenue to fully fund its education initiatives. • Effective classroom technologies and innovations provide greater choice, improve education, and should be available to all public schools and community colleges. • North Carolina's community colleges are critical components of the state's integrated efforts to prepare youth and adults for constructive participation in a constantly changing economy. 35 Tax and Finance Approved Goals TF-1: Support efforts to preserve and expand the existing local revenue base of counties, and oppose efforts to divert fees or taxes currently allocated to the counties to the state. Oppose efforts to erode existing county revenue streams and authorize local option revenue sources already given to any other jurisdiction. • Counties rely heavily on property taxes to fund federal and state mandated services, with property taxes making up on average 50% of county revenues. • Counties need flexibility to generate revenue from multiple sources, including local sales taxes, to meet local demands for services. • Expanded property tax exemptions or exclusions erode a county's ability to generate consistent revenue to provide services to all property owners. TF-2: Support legislation to grow North Carolina's statewide economy through sound state investments, including public infrastructure funding, competitive incentives, and coordinated efforts with county economic development services. • The change to North Carolina's economic development model establishing a public/private partnership to oversee business recruitment and retention did not define the specific county role in economic development or coordination needed for integrating local efforts within the new state model. • State tax reform efforts have substituted corporate and personal income tax rate decreases for tax credit programs, eliminating targeted tax incentives to specific industries and rural areas. • Adequate infrastructure funding and maintenance for highways, digital assets, coastal storm damage prevention, and freight networks enhances other state and local economic development tools. TF-3: Support legislation to restore state aid funding of public libraries to the pre-2011 level of $15.7 million and eliminate special provisions that distribute state aid outside of the equitable formula developed by the State Library Commission. Guiding Principles • The county revenue base should be broad and balanced, with authority to raise revenues from various sources, rather than being overly reliant on any single revenue source or overly burdensome on any 1 group of taxpayers. • The Association opposes the redistribution of existing local revenues; distribution of new tax sources should assess local needs, local funding efforts, and local funding capability. 36 • Any restructuring of county responsibilities should include restructuring of local revenue sources to meet those responsibilities. • Counties should have the authority to generate optional revenues to meet public service needs, while being responsive to economic change. • If statewide policy objectives result in reductions in local tax bases, the Legislature should reimburse county and municipal losses from State sources. • Existing local revenue base exemptions and exclusions should be evaluated to see whether they have achieved the intended tax policy objectives. New or extended exemptions and exclusions should include a "sunset" date in their authorizing legislation. • The Association opposes unfunded mandates and shifts of state responsibilities to counties.