HomeMy WebLinkAboutAgenda - 11-13-2018 6-d - Orange County’s Recommendations Regarding Items Proposed for Inclusion in the North Carolina Association of County Commissioners’ (NCACC) 2019-2020 Federal Legislative AgendaORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 13, 2018
Action Agenda
Item No. 6-d
SUBJECT: Orange County’s Recommendations Regarding Items Proposed for Inclusion in
the North Carolina Association of County Commissioners’ (NCACC) 2019-2020
Federal Legislative Agenda
DEPARTMENT: County Commissioners
County Manager
ATTACHMENT(S):
1) Draft Resolution Detailing Orange
County’s Recommendations Regarding
Items Proposed for Inclusion in the
North Carolina Association of County
Commissioners’ (NCACC) 2019-2020
Federal Legislative Agenda
2) Orange County’s 2017
Recommendations to NCACC
3) 2018 (FY19) Federal Priorities for NC
Counties
INFORMATION CONTACT:
Commissioner Mark Dorosin, 245-2130
Commissioner Penny Rich, 245-2130
Bonnie Hammersley, County Manager,
245-2300
John Roberts, County Attorney, 245-
2318
Greg Wilder, Manager’s Office, 245-
2314
PURPOSE: To discuss and consider proposed issues and approve a resolution regarding items
proposed for inclusion in the North Carolina Association of County Commissioners’ (NCACC)
2019-2020 Federal Legislative Agenda.
BACKGROUND: Every two years, the North Carolina Association of County Commissioners
(NCACC) organizes a process to solicit input and proposals from North Carolina counties and
compiles a list of priority federal issues that have statewide impact to counties. The purpose of
the package is to develop a consensus list of federal issues affecting North Carolina counties
that may be addressed at the federal level during the next two calendar years. North Carolina
counties have been asked to submit proposed federal issues for consideration for inclusion in
the NCACC’s Agenda by the November 16, 2018 submittal deadline.
The NCACC Board of Directors will meet in December to review all items submitted and
approve a package of federal legislative issues. The package of federal issues approved by the
Board of Directors will then go before the voting body at the NCACC Legislative Goals
Conference in Raleigh to be held January 10-11, 2019. NCACC’s federal goal priorities will
subsequently be presented during the National Association of Counties (NACo) Legislative
Conference to be held March 2-6, 2019 in Washington, D.C.
1
Members of the County’s Legislative Issues Work Group (LIWG), including Commissioners
Mark Dorosin and Penny Rich and County Manager’s Office staff, recently met. The LIWG
recommends the Board consider a resolution that outlines federal issues proposed for inclusion
in NCACC’s 2019-2020 federal package. A draft resolution with opportunities for the Board
to incorporate items is provided at Attachment 1. The Board will need to discuss items
proposed for inclusion in the draft resolution and possibly add to, delete from, and/or revise the
draft resolution.
Orange County’s 2017 list of recommended federal issues as submitted to NCACC is provided
at Attachment 2, and NCACC’s subsequently approved 2018 (FY19) Federal Priorities for NC
Counties is provided at Attachment 3. These attachments from the previous biennium may
provide some insight on potential items to propose to NCACC for 2019-2020.
FINANCIAL IMPACT: There is no financial impact associated with consideration and approval
of a Resolution Detailing Orange County’s Recommendations Regarding Items Proposed for
Inclusion in the North Carolina Association of County Commissioners’ (NCACC) 2019-2020
Federal Legislative Agenda.
RECOMMENDATION(S): The Manager recommends the Board:
1) Discuss potential items for the North Carolina Association of County
Commissioners’ (NCACC) 2019-2020 Federal Legislative Agenda;
2) Review Attachments 2 and 3 and modify as necessary the draft Resolution
Regarding Items Proposed for Inclusion in the North Carolina Association of
County Commissioners’ (NCACC) 2019-2020 Federal Legislative Agenda
(Attachment 1);
3) Add to, delete from, and/or finalize items proposed for inclusion in the draft
resolution;
4) Approve and authorize the Chair to sign the resolution; and
5) Direct the Clerk to the Board to forward the approved resolution and any other
related materials to NCACC by the November 16, 2018 deadline.
2
RES-2018-071 DRAFT Attachment 1
ORANGE COUNTY BOARD OF COMMISSIONERS
Resolution Detailing Orange County’s Recommendations
Regarding Items Proposed for Inclusion in the North Carolina
Association of County Commissioners’ (NCACC) 2019-2020
Federal Legislative Agenda
WHEREAS, the North Carolina Association of County Commissioners (NCACC)
organizes a process every two years to adopt a federal legislative agenda
representing the collective interests of North Carolina counties; and
WHEREAS, the purpose of the process is to develop a list of federal legislative
priority items affecting counties that may be addressed during the upcoming
federal legislative biennium; and
WHEREAS, the goals and issues included in the NCACC Federal Legislative
Agenda are presented at the National Association of Counties (NACo) and
provide guidance and strengthen NCACC and NACo representatives as they
converse with members of the US Congress and committees on legislative
matters; and
WHEREAS, NCACC has begun the process to develop its 2019-2020 Federal
Legislative Agenda and requested Orange County and all other North Carolina
counties to submit proposed federal legislative issues by November 16, 2018 for
consideration for inclusion in the 2019-2020 NCACC Federal Legislative Agenda;
and
WHEREAS, Orange County believes there are many issues of importance to all
North Carolina counties that should be included in NCACC’s 2019-2020 Federal
Legislative Agenda;
NOW THEREFORE we, the Orange County Board of Commissioners, do hereby
recommend that NCACC include the following items in the NCACC Federal
Legislative Agenda:
1) A;
2) B;
3) C;
4) D;
3
5) E;
6) F;
7) G
8) H
9) I;
10) J
This the 13th day of November 2018.
________________________________
Mark Dorosin, Chair
Orange County Board of Commissioners
4
Attachment 2
Orange County 2017 Federal Legislative Proposals
(Items with a “**” were included in NCACC’s 2017-2018 Federal Legislative List in some Capacity)
Support Remote Sales Tax Collection ** Note: Resolved by Supreme Court Decision.
A 2013 Study by IHS Global Insight indicates that Federal, State and local governments lose $1.6 Billion
in Remote Sales Tax Collections. This study indicates that Orange County, NC loses approximately $1.5
million annually from remote sales tax transactions. The U.S. Supreme Court held (8-1) in Quill Corp. v
North Dakota (1992) that a seller must have physical presence (nexus) in a state in order for that state to
require the seller to collect sales and use taxes. State, local governments and affiliated government
associations have attempted to obtain Federal passage of the Marketplace Fairness Act which would
allow state and local governments to enforce existing state and local sales and use tax laws on remote
retailers if they simplify tax administration by adopting the Streamlined Sales and Use Tax Agreement
(an agreement among 24 State governments). North Carolina is one of the 24 States that is a party to
the Streamlined Tax agreement. Untaxed remote sales provides an unfair competitive advantage to
Internet based retailers over “Main Street” retailers that must impose and collect sales taxes which
support public safety, transportation and education service delivery for our residents. A small seller
exception would exclude a retailer that has total remote sales in the U.S. less than $1,000,000 in a
calendar year.
Protect TANF And Social Services Block Grants **
TANF supplemental funds have been made available since the 1996 inception of the TANF welfare
reform initiative to level-set TANF federal payments. The TANF basic grant formula over-compensated
those states with high welfare family payments. North Carolina was penalized for having a conservative
welfare policy with low cash assistance payments, time-limited benefits and an emphasis on work and
personal responsibility. To address these formula inequities, the supplemental program was initiated for
the 17 states being under-funded by the TANF basic grant formula. Authorization for TANF supplemental
grants expired April 2011. N.C.’s share at $36 million represents 11 percent of total TANF funding.
Counties use these federal dollars to provide county child protective services and for work supports such
as childcare and job training.
The Social Services Block Grant is the only revenue available to support numerous mandated or essential
services provided by local departments of social services. In many counties, including Orange, these
funds support adult protective services, in-home services, adoption services and foster care for children.
This is a critical funding stream to support local services and should be preserved if not expanded.
Section 8 Housing Choice Voucher (HCV) Program
The budget for this program for rental assistance has remained stagnant over the last eight years with
each year’s allocation plus/minus five (5) percent of the previous year. Likewise, under 2013
sequestration measures, the level of funding for administration of the program has remained stagnant
5
as well with a similar funding history. In the last few years there have been few opportunities to apply
for new funding for vouchers with most of the funding availability targeted to special populations and
programs. Orange County last applied for vouchers in 2010 and was unsuccessful in securing additional
vouchers. Only 10 housing authorities in the state received new vouchers.
The U.S. Department of Housing and Urban Development provides funding for the Section 8 Program.
The HUD administrative fee formula does not cover the cost of operating the program and the increased
compliance requirements; therefore the HCV program has continued to require increased local financial
support. The HCV program provides a vital basic need – stable housing for over 500 residents of the
County with hundreds more on its waiting list.
Prohibiting Discrimination on the Basis of Sexual Orientation or Gender Identity
Currently, the actual or perceived sexual orientation or gender identity of an individual can be used to
limit, segregate, or classify an individual and adversely affect an individual's status. An employer can
also fail or refuse to hire, can discharge, or can otherwise discriminate with respect to the
compensation, terms, conditions, or privileges of employment of such an individual. Legislation is
needed to prohibit such practices that would adversely affect individuals based on such actual or
perceived orientation or identity.
Support Funding Improvements to Broadband Access in Rural Areas **
Broadband connectivity is basic infrastructure and is necessary for education, employment, economic
development, tele-health services, general communication and many other social services and
transactions. Not having access to these mechanisms means being cut off from opportunities and from
what is now defined as normal communication channels. North Carolina counties request that Congress
continue to provide funding for and to adopt legislation that gives counties flexibility and opportunity to
support options for access to high-speed internet connectivity in rural areas.
Maintain Funding For Education and Workforce Development
Seek comprehensive legislation to continue funding for education and workforce development
programs, including the Workforce Innovation and Opportunity Act, in order to prepare students and
adults to obtain and keep jobs. These programs work to increase levels of employment that will
ultimately help our nation continue its economic recovery.
Funding for Housing and Community Economic Development
Increase CDBG formula funding for housing, specifically affordable housing, and also for community
economic development and workforce development that 1) promotes innovation and flexibility to
respond to local emerging economic realities and business needs; and 2) promotes job training and
6
employment services to veterans and military service members; also increase funding available for
CDBG, EDA and HOME programs.
Medicare for All
As efforts move forward at the federal level to improve and/or replace the 2010 Affordable Care Act and
address the ever-growing need for health care services and increases in health insurance premium costs,
efforts should move forward to consider the 2015 “Medicare for All” legislation (HR 676) proposed by
Representative John Conyers. This legislation would expand the Medicare program to provide all
individuals residing in the United States and territories with free, tax-funded, medically necessary health
care including primary care and prevention, prescription drugs, emergency care, long-term care, mental
health services, dental services, and vision care. This Medicare expansion would be paid for in part
through taxes (in place of no longer needed insurance premiums), but also by savings realized through
the provision of preventative universal healthcare and the elimination of insurance company overhead
and hospital billing costs. An analysis of HR 676 by Physicians for a National Health Program estimates
immediate savings at $350 billion per year. Others have estimated long-term savings amounting to 40%
of all national health care expenditures due to expanded preventative health care service delivery and
the resulting averted costs for major health care services.
End Homelessness for Veterans, Families, and People Experiencing Chronic Homelessness
Support funding for Department of Housing and Urban Development (HUD) Continuum of Care (CoC)
program that supports proven, cost-efficient solutions to ending homelessness, including permanent
supportive housing and rapid re-housing. Support funding for HUD Emergency Solutions Grants (ESG) to
continue investments in shelter operations and rapid re-housing; Fund Department of Veteran Affairs
(VA) homeless assistance programs, including the Supportive Services for Veteran Families (SSVF)
program and the HUD-VASH program. Support all of the above programs at the levels necessary to
return all people experiencing homelessness to permanent housing and ensure access to needed
training and employment services. Support funding in the above programs to empower system-level
analysis and management that ensures homelessness is rare, brief and non-recurring.
Support the Stepping Up Initiative Regarding Mental Health Issues in Prisons **
Counties in the United States routinely provide treatment services to an estimated 2 million people with
serious mental illnesses in jails each year. The prevalence rates of serious mental illnesses in
confinement facilities are three to six times higher than for the general population. Furthermore,
county jails spend two to three times more on adults with mental illnesses that require interventions
compared to those without these treatment needs. In North Carolina, almost 13% of the prison
population requires some type of intervention due to mental health issues. 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.
7
Support is needed for legislation and funding to promote the Stepping Up Initiative developed by the
National Association of Counties, the Council of State Governments Justice Center and the American
Psychiatric Foundation to help encourage counties to develop and implement efforts to reduce the
number of people with mental illnesses in county jails.
Fund Programs Addressing The Opioid Epidemic **
The United States is in the midst of an unprecedented opioid epidemic. More people died from drug
overdoses in 2014 than in any year on record, and the majority of drug overdose deaths (more than six
out of ten) involved an opioid. Since 1999, the rate of overdose deaths involving opioids – including
prescription opioid pain relievers and heroin—nearly quadrupled, and over 165,000 people have died
from prescription opioid overdoses. Prescription pain medication deaths remain far too high, and in
2014, the most recent year on record, there was a sharp increase in heroin-involved deaths and an
increase in deaths involving synthetic opioids such as fentanyl.
The US Department of Health and Human Services (HHS) Opioid Initiative targets three key areas that
build on efforts to address the opioid epidemic and seek to expand evidence-informed strategies that
have the greatest potential for impact - improving prescribing practices, expanding access to and the use
of medication-assisted treatment, and expanding the use of naloxone. Much progress has been made,
but efforts to turn the tide of the opioid epidemic is significantly limited. Adequate funding is needed
for the Opioid Initiative and other programs to support expanding access for individuals with opioid use
disorder to seek and complete treatment, and sustain recovery.
8
1
2018 (FY19) FEDERAL PRIORITIES FOR NC COUNTIES: A Quick Guide to Our Issues
Go to www.ncacc.org/federalissues for more information.
Support Remote Sales Tax CollectionͶNorth Carolina and its counties lose an estimated$200-$350 million
annually in sales taxthroughuntaxed remote sales.Collectingremote sales taxes is neither a new taxnoratax
increaseͶthese revenues are already dueand payable by law.Donot weaken or overturn the Supreme Court
decision.
Support Funding and Legislation to Expand High-Speed Broadband AccessͶAdequate digital infrastructure is
essential for education,economic development,health care and social services;however,many portionsof NC
counties still donot have internet access.NC counties urge Congressto provide digital infrastructure funding
and adopt legislation that clarifies FCC definitions for speed thresholds and unserved areas.
Support Funding for Payment In Lieu ofTaxes,Agricultural,Workforce,Economic Development and
InfrastructurePrograms,Including School Construction and Education Capital,that Help Counties Meet
Public NeedsͶFunding for programs that maintain partnerships between federal andcounty governmentsin
meeting demandforpublic services should remain a priority forCongress.Inboth rural andurban areas,NC
counties rely on federal-local partnershipstosupport community and economic development,andpublic
infrastructure.
Support the SteppingUp Initiative to Reduce the Numberof People with Mental Illness in County JailsͶIn
North Carolina,almost 13%of the prisonpopulation requires some type of intervention dueto behavioral
health issues.Without appropriate treatment and services,people with mental illnesses cancontinueto cycle
through the criminal justice system.Legislation and federal funding are needed topromote the Stepping Up
Initiative to help counties develop and efforts to reduce the numberof people with mental illness in county
jails.
Support Funding for Behavioral Health Programs and Services to Address the Opioid and Substance Abuse
EpidemicͶThe United States is in the midst ofanunprecedentedopioidandsubstanceabuse epidemic.NC
counties are on the front lines of this battle working with the state to develop andfundsubstanceabuseand
overdose inhibition programs, but progress is limited without consistent funding and support from Congress.
Support Funds for Health,Human and Economic ServicesPrograms Including Temporary Assistance for
Needy Families,Federal Block Grants,and Food and Nutrition ServicesͶCounties are the first responders
providing services to the public locally and,in particular,ournation͛s vulnerable populations.Since many of
these services are mandatedby federal law the federal government provides fundingto assist states and
counties in meeting local demandsͶthis funding should be protected in upcoming budgets.
Oppose Unfunded Mandates to CountiesͶReductions in federal deficits shouldnot beaccomplished by
shifting coststo counties,imposing unfundedmandates.NC counties also opposeany legislative or regulatory
initiatives that undermine local government decision making authority or pre-empt county programs and
taxing authority.Work to have H.R.50,the UnfundedMandatesandInformationand Transparency Act,
introduced by Congresswoman Virginia Foxx (NC-5), signed into law.
Attachment3
Note:ResolvedbySupremeCourtDecision
9
2
Protect the Tax-Exempt Status of Municipal BondsͶNC counties appreciate the preservation of municipal
bondtax exemption during the recent tax reform debate and urge Congresstodoso again if additional
reforms are considered, including the reinstatement of advanced refunding bonds.
Support Increased Funding for Military and VeteranPrograms and Communities,Including Impact Aid and
Veteran Support Services,as well as Rule Changes to Accurately Count Deployed Military Personnel and
Their Families in the CensusͶNC counties are hometo nine military basessupportingtensofthousandsof
service members and their families.Additional funding is needed for communities with military families and
veterans,includingsufficient and accurate Impact Aid fundsas well as veteran housing,economic and health
services.
SupportLegislation to Allow Individuals to ReceiveFederal Health Benefits While Awaiting TrialͶCounties
are required to provide adequate health care to individuals whopassthrough jails each year,while federal
statute prohibits Medicaid funds from paying for that care even if the individual is eligible and enrolled.
10