
| Bulletin #11-21 |
Friday, June 17, 2011 |
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WE SAID IT
“S433 received significant, bipartisan support in the Senate,
and we believe it would have had the same support in the House, based on the
information we received from county commissioners across the state who were
contacting their Representatives and urging their support. We are very
disappointed that the bill was pulled from the House calendar.” – David F.
Thompson, NCACC Executive Director.
LEGISLATURE OVERRIDES BUDGET VETO, READIES FOR A BREAK
The House and Senate voted to override Governor Beverly Perdue’s
veto of the state budget this week and appear to be ready to take a hiatus. The
House and Senate are both scheduled to meet Friday and Saturday to finish up
bills that require votes on two different days, then take a brief break before
reconvening on July 13. The adjournment resolution passed by the Senate limits
the kinds of bills that can be considered during the reconvened session to
matters affecting redistricting, appointments, elections and bills vetoed by
Governor Perdue. An earlier version introduced by the House included provisions
that would have allowed the Assembly to consider legislation related to charter
schools and other educational issues. It appears those will be excluded from the
final adjournment resolution.
S433 – LOCAL HUMAN SERVICES ADMINISTRATION
One of the counties' primary policy goals, the effort to allow
county flexibility to reorganize local human services, was unexpectedly and
sadly sidelined on the House floor this week. Despite receiving a favorable
report in the House's Health and Human Services Committee and having already
passed the Senate by a significant majority, it appears the bill may be held
over until the 2012 session. This week, a number of county officials from across
the state joined NCACC Executive Director David Thompson at the House Health
Committee to support the bill. Mr. Thompson spoke eloquently and persuasively on
behalf of
S433, which helped with its passage through the House committee. The
bill was scheduled and listed on the House Calendar for Wednesday, but at the
last minute, and despite our protests, the House's bill sponsor, Rep. Jeff
Barnhart, pulled the bill from the calendar, saying he believed it too
controversial to proceed.
Due in great part to our counties' grassroots advocacy efforts,
phone calls and emails to House members seeking their support, the feedback from
legislative members to Association staff was very positive and the Association
felt confident that there were enough votes for House passage. After several
conversations with Rep. Barnhart, he cited opposition by county social services
and health directors as well as perceived conflicts with implementation of the
statewide capitated model of mental health services. Therefore, Rep. Barnhart
moved the bill back to committee for additional work.
Having passed the Senate before the crossover deadline, S433
remains eligible for the short session. Rep. Barnhart and Sen. Fletcher Hartsell
(the Senate bill sponsor) have pledged to work with counties to resolve this
issue in advance of bringing it forward again next year. As the General Assembly
plans a series of mini-sessions prior to short session, we encourage our
counties to press upon their legislators the importance of achieving this
legislative goal. It is a testament to our membership and their advocacy efforts
that this issue has made significant progress this session. The Association
intends to achieve this goal before the end of the 2011-2012 Session of the
General Assembly.
S98 – 911 CALL TRANSCRIPTS SET TO BECOME LAW
A bill that would protect the identity of citizens who use the
911 service to report criminal activity will become law this session.
S98 (911
Call Transcripts) is only a few steps away from receiving final approve by the
General Assembly and will then be sent to Governor Beverly Perdue for her
signature. 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 opposed the bill, citing concerns
about further eroding the public's right to have access to public information.
The bill has passed both chambers with overwhelming support. Enactment of the
bill will achieve an Association legislative goal to “Promote utilization of 911
centers by protecting confidentiality.”
STUDY BILL INTRODUCED
If the number of studies (more than 150) and the length of the
bill (56 pages) are any indication, then the General Assembly and many state
agencies will find themselves very busy in the interim. Of interest to counties
are studies reflecting current issues of concern and legislative goals such as
meth labs, digital records preservation, water quality rules, and biosolids
regulation. Of concern to counties is yet another examination of privatizing the
state's ABC system, pretrial release, and contributory negligence.
E-VERIFY
The House and Senate are poised to adopt a bill that makes all
employers in the state of North Carolina, including cities, counties, public
agencies and organizations that contract with government entities with at least
25 employees, to use the federal E-Verify program to screen prospective new
hires before they can be awarded a contract.
H36 (Government Contractors Must
Use E-Verify) also requires cities and counties to use the system for all new
hires. The bill has an effective date of Jan. 1, 2012.
BILL TO STUDY HYDRAULIC FRACTURING MOVES BACK TO HOUSE
The House voted Thursday to concur with Senate changes to
H242
(Nat. Gas/Bond/Fee/Landowner Protect'n/Study), which would accomplish the
NCACC's legislative goal to establish a study commission to examine hydraulic
fracturing method of drilling for natural gas. The bill originally passed the
House on May 31 and was amended by the Senate to combine the study with a study
of "Onshore shale gas" included in S709 (Energy Jobs Act), if that bill passes.
H242 requires the Department of Environment and Natural Resources to hold two
public hearings on hydraulic fracturing and to study the possible societal,
economic and community impacts of allowing hydraulic fracturing. The bill also
appropriates $100,000 to conduct the study and establishes May 1, 2012, as the
deadline for DENR to report its findings to the Legislature.
ELECTRONIC MONITORING BILL APPROVED BY SENATE
The Senate easily approved
H662 (Electronic Monitoring Fee)
without making any changes to the bill, which would allow a county to charge a
fee to recoup the costs of electronic monitoring from the offender. This would
accomplish an NCACC legislative goal. The bill was amended to exempt defendants
who are deemed indigent and are qualified to receive court-appointed counsel,
and it was also amended to require that counties can only charge the lesser of
the cost of providing the service or the authorized jail fee in G.S. 7A
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 more than 575 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 website 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.
| Bill: |
H168 |
| Sponsors: |
Sanderson (R3); Cleveland (R14); Hill (D20) |
| Title: |
FARMS EXEMPT FROM CITY ANNEXATION & ETJ |
| Position: |
Support |
| Category: |
Legislative Goal |
| Comments: |
This bill would require a landowner whose land is being
used for "bona fide farm purposes, as defined in G.S. 153A-340" to be
excluded from any annexation unless the landowner agree in writing to be
annexed. This bill would accomplish part of an Association Agriculture
goal. The Senate modified the bill slightly and it has been sent back to
the House for concurrence. |
| Bill: |
H332 |
| Sponsors: |
Mills (R95); Killian (R105); Crawford (D32); Hamilton
(D18) |
| Title: |
CLARIFY DEVELOPMENT MORATORIA AUTHORITY |
| Position: |
Oppose |
| Comments: |
This bill would take away a county's authority to
implement a temporary moratorium on planning/development requests while
it updates its ordinances. This bill passed the House and Senate and has
been presented to Governor Perdue. |
| Bill: |
H384 |
| Sponsors: |
Howard (R79); West (R120); Rapp (D118); Wilkins (D55) |
| Title: |
REGISTER OF DEEDS/FEES |
| Position: |
Support |
| Category: |
Legislative Goal |
| Comments: |
This bill increases some fees collected by the
Registers of Deeds. It addresses the Association's legislative goal to
simplify registers of deeds fees. The House concurred with Senate
changes on June 16 and the bill has been presented to the governor.
According to a fiscal note prepared by the General Assembly's Fiscal
Research Division, the bill will generate an additional $1.3 million in
fees for county Registers of Deeds offices annually beginning in FY
2012-13. |
– David F. Thompson, Executive Director
– Kevin Leonard, Director of Government Relations
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