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| Bulletin #09-08 |
Thursday, March 19, 2009 |
- Click here to download a printable copy of the bulletin (PDF format).
- Click here to visit the archives for past issues.
FOOD FOR THOUGHT
North Carolina isn't alone in its failure to address
mental health. The state received a "D" from the National Alliance on Mental
Illness in a report released March 11. In this case, "D" is actually the
national average – so maybe a "C" grade would be more appropriate. The report
flagged three urgent needs: "restore confidence and order to overall system;
improve state hospitals to enable transition to newer facility; and restore ACT
funding cuts."
THE BUDGET DEBATE BEGINS
Governor Bev
Perdue released the first budget proposal of her administration earlier this
week, and it contained many provisions favorable to counties. Perdue did not
redirect or reduce the lottery or corporate income tax school construction
dollars to counties and did not interfere with the final phaseout of the
Medicaid relief swap. Her proposal includes additional money for mental health
community services to purchase local psych beds. Generally, any state aid to
non-state entities such as the Criminal Justice Partnership Program and the
Juvenile Crime Prevention Council is subject to a 7 percent reduction. The Clean
Water Management Trust Fund would be cut 25 percent, or $25 million, in both
years of the biennium. State aid to counties for social services administration
of $5.5 million would be eliminated each year in the biennium, to be restored as
a recurring appropriation beginning in 2011-12. The State Office of Budget and
Management did guarantee that the federal stimulus dollars for additional food
stamp administration ($9 million) and foster care services ($3.5 million) would
be passed down to counties to offset these cuts.
“Our nation is in
the midst of the greatest economic crisis since the Great Depression,” Governor
Perdue said at the press conference where she unveiled her proposal. “The budget
I am releasing today makes strategic investments that will create jobs, increase
overall per-student spending, and it’s a balanced budget.”
Perdue’s budget
included an increase in taxes on cigarettes and alcohol that will generate $1.3
billion of new revenue over the biennium. House and Senate leaders have
previously expressed concern about raising taxes during the economic crisis and
may look at other avenues to increase available revenues. Sen. Dan Clodfelter
(Mecklenburg) has introduced bills that would generate additional revenue for
the state by temporarily redirecting to the state’s general fund the ADM Funds
from the corporate income tax (S386
– Make Best Use of Corporate Tax Revenue) and the funds from the tobacco
settlement (S421
– Redirect Master Settlement Funds). S386 redirects the ADM funds for both
2009-10 and 2010-11). S421 takes the $70 million annual payment that is put into
the Golden L.E.A.F. Foundation for 2008-09, 2009-10 and 2010-11.
H516 (Increase Revenues Without Raising Taxes), introduced by Rep. Paul
Stam (Wake), permanently redirects the Golden L.E.A.F. funds to the general
fund.
MENTAL HEALTH CUSTODY BILL RAISES
CONCERNS
A House bill that deals with treatment of
individuals who are being transported to medical facilities on an involuntary
commitment order has raised red flags with local government officials.
H243 (Mental Health/Law Enforcement Custody) is sponsored by Reps. Verla
Insko (Orange), Jeff Barnhart (Cabarrus) and Fred Steen (Rowan). The bill
clarifies that individuals who are being transported under an involuntary
commitment order by either county or city law enforcement officers are actually
in the custody of the law enforcement agency. If the individual is discovered to
have a medical condition that needs treatment, the medical facility or the
hospital that the patient is moved to is authorized to treat the patient, but
the law enforcement agency maintains custody of the individual – and therefore
is responsible for the costs incurred by the individual. Local law enforcement
agencies have expressed concerns about the bill, and the bill sponsor has agreed
to keep the bill in committee while the issues are worked out.
BILLS OF INTEREST
The Association has created a section on its Web site to track bills of interest to county officials. Visit www.ncacc.org/legislation/about.html for updates on key legislation, including the bills listed below.
| Bill: |
SB410 |
| Sponsors: |
Nesbitt (D49) |
| Title: |
INCREASE CIG. TAX/PROCEEDS TO MHTF |
| Status: |
03/05/2009 – Senate Committee On Finance |
| Comments: |
The bill would increase the cigarette tax from 35 cents
per pack to the national average of $1.19 per pack, with 70 percent of
the proceeds going to the Trust Fund for Mental Health, Developmental
Disabilities, and Substance Abuse Services and Bridge Funding Needs and
30 percent to the general fund. The Association has a legislative goal
"to ensure that state-funded mental health, developmental disability,
and substance abuse services are available, accessible and affordable to
all citizens and that sufficient state resources fund service provision
costs." |
| Bill: |
SB427 |
| Sponsors: |
Kinnaird (D23) |
| Title: |
RESTORE CONTRACT RIGHTS TO STATE/LOCAL |
| Status: |
03/05/2009 – Senate Committee On State and Local
Government
|
| Comments: |
The bill repeals the state's prohibition against
collective bargaining and amends two other statutes to allow employees'
and retirees' associations that engage in collective bargaining with the
state to continue to use payroll deductions. |
| Bill: |
SB596 |
| Sponsors: |
Clodfelter (D37) |
| Title: |
FILLING VACANCIES IN LOCAL OFFICES |
| Status: |
03/16/2009 – Senate Committee On State and Local
Government
|
| Comments: |
This bill establishes a uniform process for filling a
vacant seat on a Board of County Commissioners as well as for other
local elected offices, such as the Sheriff, Register of Deeds and Boards
of Education. For commissioners elected as a member of a political
party, the county executive committee of that party will have up to 30
days to nominate a pool of three replacements, and the Board of
Commissioners would have to choose from among those three nominees. Each
of the three nominees must have been "eligible to have filed as a
candidate of that party at the most recent election for that office." If
the executive committee does not nominate three eligible replacement
candidates, then the Board of Commissioners could choose to fill the
seat with anybody who meets the eligibility requirement. |
| Bill: |
SB624 |
| Sponsors: |
Boseman (D9) |
| Title: |
25-YEAR LAW ENFORCEMENT RETIREMENT |
| Status: |
03/17/2009 – Filed in the Senate |
| Comments: |
This bill allows law enforcement officers to retire
with full benefits after 25 years of service instead of the 30 years
currently required. It also reduces from 30 to 25 years the time needed
to qualify for the special separation allowance and changes the
disqualifying age from 62 to "not have ... become eligible for unreduced
Social Security benefits." |
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