NCACC Legislative Alerts

June 30, 2010
911, ABC bills in Senate Finance

Two bills of interest to counties are now in the Senate Finance Committee. H1691 (Use of 911 Funds) would accomplish two Association legislative goals – to expand the ways counties can use money collected from the 911 service charge and to equalize the representation on the state 911 Board by adding two local government representatives to the board. The ABC reform bill (H1717 – Modernization of the State ABC System) empowers counties – as the appointing authorities for many of the ABC boards – to monitor and address potential problems within the ABC system and puts ABC boards and employees under the Local Government Ethics Act.

Please contact your Senator this evening or early on Thursday morning and ask them to support these bills. Given that the Legislature appears to be setting its sights on adjourning by the end of next week, it is imperative that these bills start moving in the Senate. Remind them that the 911 bill passed in the House by a UNANIMOUS VOTE and that the ABC bill had only one dissenting vote in the House.

June 29, 2010
State budget reduces county lottery share by $63 million

The Senate and House budget conferees rolled out the conference report Monday evening to S897, the "Appropriations Act of 2010." As we reported earlier, the plan reduces the county share of lottery receipts by roughly $63 million and directs these monies for classroom teachers and college scholarships. Counties are disappointed that the budget not only takes the growth in lottery proceeds for 2010-11, but also reduces the 2010-11 county share from 2009-10 appropriated levels by more than $33 million.

County lottery receipts of the remaining $113.7 million are to be allocated on a per pupil basis, setting aside the statutory formula that provides additional funding to those counties with effective tax rates that exceed the statewide average. Counties would have the option of using county lottery receipts for classroom teachers but must receive a request to do so by the local board of education. County lottery funds used for classroom teachers cannot supplant existing local current expense funding and will not be counted in the charter school current expense calculation. Should net lottery revenues exceed the total appropriated level, excess lottery receipts will be allocated to school capital on a per pupil basis.

A more detailed analysis of the budget proposal will be posted later this week. The spreadsheet with county-by-county lottery numbers is available here (PDF).

April 13, 2010
Congress considering collective bargaining bill

ISSUE:

• Collective bargaining for public safety employees to be mandated in all states and local governments.
• Senate to hear collective bargaining on floor.
• N.C. counties’ No. 1 federal issue is to oppose public employee collective bargaining.

WHAT THIS MEANS FOR COUNTIES:

• Counties would be forced to negotiate with selected classes of employees as a group.
• This is seen as a first step toward unionization of all classes of public employees.

ACTION NEEDED:

• Act now! Call your Senators today. Call your House members tomorrow.

MESSAGE:

• Tell them “No!” to public employee unionization.
• Vote against S3194/H.R. 413

BACKGROUND:

U.S. Senate leadership abruptly introduced S3194 April 12 to force all states and their local governments to require collective bargaining for public safety employees, including sheriff's deputies, EMS workers and firefighters, effectively pre-empting existing North Carolina state law. Under Senate rules, this intrusive legislation can be brought to the Senate floor 48 hours after introduction, without going through committee.

We need you to take immediate action and call Senators Kay Hagan and Richard Burr and your Congressman and ask them to vote against S3194/H.R. 413.

NACo’s POSITION STATEMENT:

Please see below the National Association of Counties' description of this very intrusive legislation.

If enacted, the PSEECA would mandate state and local governments to enter into collective bargaining agreements with their public safety employees. The legislation provides minimum collective bargaining standards for state and local police, firefighters and emergency medical technicians (excluding permanent supervisory or management employees).

Under the provisions of the bill, the Federal Labor Relations Authority (FLRA) would be empowered to develop regulations and minimum criteria for state and local governments to permit public safety employees to form and join unions, and bargain over salaries, and terms and conditions of employment.

Under H.R. 413, every state’s laws must at a minimum provide the following bargaining rights to public safety employees:

• grant public safety officers the right to form and join a labor organization that is, or seeks to be, recognized as the exclusive bargaining representative of the employees;
• require public safety employers to recognize the employees’ labor organization and agree to bargain with the union;
• provide for bargaining over hours, wages and terms and conditions of employment, and;
• require enforcement through state courts of all rights, responsibilities and protections provided by state law.

April 1, 2010
Progress being made on e-911 legislative goal

Expanding the allowable uses for revenues generated by the Enhanced 911 user fee on phone lines is the counties' top Justice and Public Safety legislative goal, and has been a goal for nearly two decades. This winter, a legislative study committee has been examining this issue and is poised to endorse more local government representation on the 911 Board and give counties more flexibility in how these funds can be spent.

The House Select Committee on the Use of 911 Funds has met several times to discuss this issue and is scheduled to meet for the final time on April 20, when it is expected to formally adopt a proposal. The proposal will be considered by the General Assembly during the short session.

Now, the NCACC needs your help as we make a final push before the start of the legislative session. Please contact your legislators over the next several weeks and ask them to support:

1. More local representation on the 911 Board (Why? Current statute provides that a majority of the board is made up of the Telecommunications industry. This majority does not accurately represent the fact that 911 services are primarily a local government function and not a telcom function.)
2. Flexibility to use 911 funds to cover a 911 system that covers the entire 911 call – from the receipt of the call to the top of the tower. (Why? Current statute allows expenditures that only cover equipment needed to receive the 911 call. Funds are not allowed to cover the dispatch part of the 911 call. For emergency responders to do their jobs to the best of their ability, to save lives and protect property, our statutes need to support a system that supports the entire call, and not just part of the call.)

Please also consider sending a quick e-mail to the members of the 911 Study Committee:
Rep. Lucy Allen: Lucy.Allen@ncleg.net
Rep. Angele Bryant: Angela.Bryant@ncleg.net
Rep. Lorene Coates: Lorene.Coates@ncleg.net
Rep. Bill Faison: Bill.Faison@ncleg.net
Rep. Efton Sager: Efton.Sager@ncleg.net
Rep. Roger West: Roger.West@ncleg.net

Please thank them for their service on this committee as well as their support of local government and public safety.

We will keep you updated on this important issue. After the committee meets April 20, we will send out information that details its specific recommendations.

Your voice makes a difference. Thank you for your help moving your legislative goal forward!

Jan. 27, 2010
Federal proposal on hotel tax revenues could cost N.C. counties $75M

The U.S. Senate Finance Committee is considering language in its "jobs" bill to exempt online travel companies (OTCs) such as Expedia and Hotels.com from collecting local occupancy taxes, potentially leading to eliminating all occupancy taxes on room rental bookings. For North Carolina counties, that could be a revenue loss in excess of $75 million. While neither North Carolina senator sits on the Senate Finance Committee, NACo is very concerned that such legislation could move very quickly. Please take a moment to call Sens. Richard Burr and Kay Hagan and voice your concerns over this preemption of state and local taxing authority.

Sen. Richard Burr: Phone: (202) 224-3154; Fax: (202) 228-2981
Sen. Kay Hagan: Phone: (202) 224-6342; Fax: (202) 228-2563

Visit capwiz.com/naco/home for more information via NACo's Legislative Action Center.

Dec. 16, 2009
Collective bargaining rights not included in Defense Appropriations

Yesterday we alerted you to an attempt to include mandatory collective bargaining rights for public safety employees as an add-on to the U.S. Defense Appropriations Conference Report. We asked that you immediately call your Congressional delegation to voice your opposition to this effort. Your efforts were successful: We have learned from the National Association of Counties that the collective bargaining language is not included in the report, which was voted on in the House on Dec. 16. Our thanks to you personally for responding immediately and we would ask that you extend your appreciation to your delegation.