Bulletin #11-08 Friday, March 18, 2011

  • Click here to download a printable copy of the bulletin (PDF format).
  • Click here to visit the archives for past issues.

TWEET OF THE WEEK

"From @wfaejulie ---> NC could be trading trees for billboards under a new proposal now being considered by #ncga" - @CBJgreennews, the Charlotte Business Journal's Susan Stabley, commenting on a story by WFAE (Charlotte) reporter Julie Rose on S183, which would override community regulations regarding the location and appearance of billboards. The Association opposes the bill for reasons detailed in Legislative Bulletin #11-07.

HOUSE COMMITTEE COVERS COUNTY CONCERN IN CHARTER BILL

The House Education Committee addressed one county concern when it debated and eventually passed S8 (No Cap on Charter Schools) on Tuesday. The committee added a section to clarify what happens when a charter school that has received either state or local funds to "purchase real property" is dissolved or its charter is not renewed. The revised bill now says that "county funds used to purchase real property shall be remitted back to the county, after all liens on the property are satisfied."

Counties currently do not have the authority to expend funds on charter school capital needs, but the bill would grant that authority to counties. Counties have not asked for this additional authority. There is still concern about the limited amount of funding to build public schools. Over the past 2 years counties have lost 200+ million in ADM funding and have seen significant reductions in the lottery funds allotted for school construction. Allowing counties the ability to pay capital expenses for charter schools, including school bus transportation expenses, could spread our limited resources even further.

ASSOCIATION TALKS BUDGET WITH LEGISLATIVE LEADERS

House and Senate Appropriations chairs made time in their hectic schedules this week to meet with Association staff about broad county budget issues. We are grateful that these leaders remain steadfast that the state's budget problems would not be shifted to counties in a wholesale fashion. Rep. Mitch Gillespie (McDowell), one of the House Appropriations chairs, noted that he had already told his county that a shift in state responsibilities to counties would translate into an increase in his property taxes, which were already high enough.

Executive Director David F. Thompson pledged a continued partnership between counties and the state, and emphasized that any state budget cuts to counties be in discretionary areas and be accompanied by clear language to that effect. Intergovernmental Relations Director Rebecca Troutman reviewed with the legislative members what steps counties have already taken to curtail local spending, what state cuts counties have already absorbed, and what gubernatorial budget provisions both harm and help counties. Broad areas of legislative concern included the fate of county lottery dollars for school construction, state misdemeanants being shifted to county jails, and greater mental health funding responsibilities being directed to counties.

House and Senate Appropriations subcommittees continued their review of possible budget cuts, with the Health and Human Services Subcommittee on Appropriations tentatively approving all of the governor's proposed cuts. Several subcommittee members spoke in opposition to some of the county funding cuts included in the governor's budget – these items were flagged for further consideration. Subcommittee chairs did emphasize that the governor's cuts only represented $218 million of the total $591 million in cuts needed. The Education Subcommittee took another tack in tackling its spending target, reviewing with members the governor's proposals along with other options such as increasing the student:teacher ratio, reducing the number of teachers' assistants, and funding one LEA per county.

SENATE COMMITTEE APPROVES COUNTY-BACKED 911 LEGISLATION

A bill that would protect the identity of citizens who use the 911 service to report criminal activity was approved by the Senate Judiciary II Committee on Thursday. S98 (911 Call Transcripts) received a favorable report from the committee after representatives from Durham County and the Association addressed the committee and explained the public safety concerns that gave rise to this legislation. The bill provides that, in order to protect the identity of a complaining witness, the contents of a 911 call may be released pursuant to public records laws in the form of a written transcript or altered voice reproduction. The bill does not alter the fact that the contents of 911 calls are a public record. The Press Association spoke against the bill, citing concerns about further eroding the public's right to have access to public information. After discussion concluded, the bill passed with unanimous support. S98 will next be calendared to be heard on the Senate floor. The bill would achieve an Association legislative goal to "Promote utilization of 911 centers by protecting confidentiality."

REGULATORY REFORM COMMITTEE SEEKING PUBLIC INPUT

The Joint Committee on Regulatory Reform announced the remaining dates in a statewide listening tour to receive feedback from the public on burdensome state rules and regulations. The committee, chaired by Sens. Harry Brown (Jones) and David Rouzer (Johnston) and Reps. Marilyn Avila (Wake) and Pat McElraft (Carteret), is tasked with scrutinizing state regulations on the private sector and targeting outdated rules and regulations that should be eliminated. It is comprised of nine senators and nine representatives, appointed by Senate President Pro Tempore Phil Berger (Rockingham) and House Speaker Thom Tillis (Mecklenburg).

Below is a schedule of the remaining meetings, which are open to the public. Each meeting runs from 1 – 3 p.m., and attendees can sign up to speak beginning at 12:30 p.m.

    Monday, March 21 – Central Piedmont Community College (West Campus), Harris Conference Center, Charlotte
    Monday, March 28 – Guilford Technical Community College (Jamestown Campus), Koury Hospitality Careers Center Auditorium, Jamestown
    Monday, April 4 – Pitt Community College, Goess Building, Rooms 137-139, Winterville
    Friday, April 15 – Blue Ridge Community College, Thomas Auditorium, Flat Rock
    Thursday, April 21 – Legislative Building Auditorium (3rd Floor), Raleigh

A Web site for the committee has been launched at www.ncleg.net/regreform. The Web site includes a form to submit public input, as well as an e-mail address for those that cannot attend meetings but would still like to send comments (or for those who do attend and want to submit additional comments or materials). The public e-mail address is regreform@ncleg.net. Written comments may also be mailed to Regulatory Reform Comments, 16 W. Jones St., Room 2007, Raleigh, NC 27601.

CHECK US OUT ON YOUTUBE, TWITTER AND FACEBOOK

The Association has several ways members can receive up-to-date legislative information. The NCACC's Twitter feed has roughly 450 followers. Sign up to follow us at twitter.com/ncacc. You can also view our latest Twitter posts on the NCACC Web site (www.ncacc.org). If you are on Facebook, search for "NCACC" and click on the "Like" button to receive our updates. The Association posts breaking news on both the Twitter and Facebook pages. The Association is also creating weekly legislative video reports for the NCACC's YouTube Channel (www.youtube.com/ncacc1908). "This Week at the General Assembly" will be posted each Friday afternoon and will feature interviews with legislators and NCACC staff, reports on legislation impacting counties and updates on county legislative priorities.

BILLS OF INTEREST

The Association maintains a section on its Web site to track bills of interest to county officials. Visit www.ncacc.org/legislation/about.html for updates on these and other bills we are tracking. Bills added this week include:

BillTitleCommittee
H343Support Law Enforcement/Safe NeighborhoodsIntergov. Relations/Justice and Public Safety
H348Offenders/No Access To Personnel Records.-ABIntergov. Relations/Justice and Public Safety
H350Clarify Property Tax For Conservation LandAgriculture/Tax and Finance
H351Restore Confidence In GovernmentIntergovernmental Relations
H352Delay Kannapolis AnnexationLocal bills of interest
H354No Sunset For Swcd Animal Waste InspectionsEnvironment
H355Simplify Taxation Of Certain HOA PropertyTax and Finance
H356Psychological Counseling For JurorsJustice and Public Safety
H358Apex/Cary Annexation Into Chatham RestrictedLocal bills of interest
H359City/County Beer And Wine License TaxesIntergovernmental Relations
H361Currituck Electronic NoticeLocal bills of interest
H366Special Election DatesIntergovernmental Relations
H367Roanoke Rapids DeannexationLocal bills of interest
H369Roanoke Rapids Local Option Sales TaxLocal bills of interest
H376Retirement Technical Corrections.-ABTax and Finance
H382Juvenile Code Revisions.-ABJustice and Public Safety/Health and Human Services
H387Access Confidential Info/Child Abuse/Neglect.-ABHealth and Human Services
H388APA: Disapprove Reclaimed Water RulesEnvironment
H406Voluntary Agriculture DistrictsAgriculture
S344Government Transparency Act Of 2011Intergovernmental Relations
S350Fire And Rescue Separation AllowancesTax and Finance
S352Restore Confidence In GovernmentIntergovernmental Relations
S360Change Hours Of Sale For Alcoholic Beverages Intergovernmental Relations
S362Reallocate Lottery FundsPublic Education
S380ETJ/Clarify Definition Of Bona Fide FarmAgriculture

Bill:H92
Sponsors:Howard (R79); Starnes (R87); Brawley (R103); Jordan (R93)
Title:REPEAL LAND TRANSFER TAX
Related:2011:S226
Status:03/16/2011 – Reported by Senate committee
Scheduled:03/21/2011 – Senate Calendar, 7:00 P.M., Senate Chamber
Position:Oppose
Priority:High
Category:Priority Goal
Comments:This bill would repeal the land transfer tax option that was granted to counties as part of the Medicaid relief swap of 2007. It has passed the House and is scheduled to be heard on the Senate floor on Monday, March 21.


Bill:H320
Sponsors:McGee (R75); Ross (D38); McComas (R19); Carney (D102)
Title:CONTINUE P3 STUDY
Related:2011:S278
Status:03/14/2011 – House Committee On Rules, Calendar, and Operations of the House
Comments:This bill would establish a 16-member Legislative Study Commission on Public‑Private Partnerships. The NCACC would be among several groups that would be consulted by the commission during its deliberations. The Commission would be charged with studying "issues related to Public‑Private Partnerships (PPPs), including examination of the appropriate authority for State, regional, and local government units to engage in PPPs for public capital projects through a regulatory framework. As part of its study, the Commission may study infrastructure banks and any other relevant issues it deems appropriate." The commission would report its recommendations prior to the 2012 Short Session.

– David F. Thompson, Executive Director
– Kevin Leonard, Director of Government Relations