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;
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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
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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
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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;
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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;
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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.
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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.
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• 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
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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.
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• 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.
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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.
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• 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.
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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.
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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.
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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.
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• 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.