Counties help bring several legislative goals to fruition

By Jim Blackburn
General Counsel

The 10-week session of the 2004 General Assembly resulted in the accomplishment of several goals adopted by the Association at our Legislative Goals Conference in January 2003.

In addition, the Legislature approved programs strongly supported by the Association and counties throughout the state. When added to the Association’s success in the first – or “long” – Legislative Session of 2003, county officials can take pride in accomplishments over the biennium.

The Association’s priority goals included opposing any legislation that grants taxing authority for local school boards and retaining the current ceiling on the number of charter schools. The absence of legislation that would grant school boards taxing authority and the General Assembly’s failure to raise the charter school ceiling should be considered victories for counties.

Another priority goal of the Association was to improve North Carolina’s long-term care system. The budget adopted by the General Assembly includes several items directed at accomplishing this goal, including provisions for criminal record checks of those seeking employment in long-term care facilities and a directive for the Department of Health and Human Services to study issues related to mentally ill residents of long-term care facilities.

The General Assembly also took action on goals to increase the fee for service of process (from $5 to $15) and to allow joint agencies formed by interlocal agreement to use the state’s Setoff Debt Collection Act.

The Legislature also acted in support of other Association goals by:

• Approving legislation to change from three years to one year the time in which economic development tiers are determined. The change makes the incentive system built into the “Bill Lee Act” more sensitive to current economic conditions.
• Responding to the Association’s request for funds for farmland preservation by allocating $4.1 million from the Clean Water Management Trust Fund to match other funds for farmland preservation.
• Authorizing a study of issues affecting North Carolina’s Latino population.
• Approving legislation to compensate counties for revenues lost when other governments purchase land for wetlands mitigation.
• Increasing funding for the Rural Economic Development Center.

The Association was also successful in preventing reduction of the Public School Capital Building (or ADM) Fund and in persuading the Legislature to increase funding for school nurses, adding 80 permanent nurses in areas “with the greatest inability to pay.”

The General Assembly also acted to extend to the year 2012 the “transitional hold harmless” payments that compensate local jurisdictions whose revenues from the 2002 half-cent sales tax fall short of funds previously received as “reimbursements.”

After protracted negotiations, the General Assembly approved legislation to implement the Federal Phase II Stormwater Management requirements.

State officials had attempted to impose on county officials responsibilities that were inappropriate in view of the fact that, in North Carolina, counties are not responsible for road construction or maintenance.

The compromise legislation limits county responsibilities to specific unincorporated areas without imposing countywide responsibility when any part of a county is affected by the new federal requirements.

The Legislature also approved an increase of up to a maximum of $50,000 for the death benefit payable from the Local Governmental Employees’ Retirement System.

The 2004-05 budget includes appropriations of $10 million to the Mental Health Trust Fund and $4 million for additional Child Protective Services workers to be placed in counties with high caseloads.

The appropriations bill also includes a provision to expand the pilot accreditation process for local health departments, establishing the Pilot Accreditation Advisory Board to include four county commissioners recommended by the Association and four members of local boards of health recommended by the North Carolina Association of Local Boards of Health.

County officials throughout North Carolina should be proud of goals and other accomplishments realized during the 2004 short session and the long session in 2003.

Legislators are to be congratulated for responding to county needs.