NCACC Legislative Brief
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Week of February 13 - Summary of Proposed Legislation Potentially Impacting Counties

In its fourth week of the 2017 session, the NC General Assembly started hearing more bills in committee and on the floor of both chambers. Subject-specific budget committees will start meeting next week to prepare their portions of the 2017-2018 state budget. The NCACC and counties will be advocating for school capital revenue, transportation infrastructure, funding to support raising the age of juvenile jurisdiction, and support for behavioral health improvements during this process.

The legislative County Caucus is established with 31 former county commissioners now serving in the legislature – six in the Senate and 25 in the House – and held its first meeting this week with several NCACC board members in attendance. Our thanks go to Sens. Valerie Foushee (Orange) and Jim Davis (Macon) and Reps. Becky Carney (Mecklenburg) and Josh Dobson (McDowell) for leading the caucus.
Proposed Legislation: H13 Class Size Requirement Changes
  • Corrects an unintended consequence of a budget provision from last year setting hard caps on class sizes for grades K-3.
  • Allows the average class size for grades K-3 to exceed the cap by three students, and an individual classroom to exceed it by six students.
Potential Impact to Counties
  • This bill puts guidelines in place to help reduce the strain from class size caps.
  • If not corrected, the loss of flexibility may require many LEAs to make cuts in other areas or request additional funding from the county.
Action to Take
  • Determine the effects on your county’s budget (should H13 not pass) and urgently share this with your senator along with your county’s support for the bill.
Proposed Legislation: H113 Pvt Action Local Compliance/Immigration Laws
  • Allows residents who believe their local law enforcement agencies or local governments are not complying (intentionally or unintentionally) with immigration laws to file a suit against the agency or government.
  • Referred to two committees: Judiciary I and State & Local Government II.
Potential Impact to Counties
  • Directs the court to impose civil penalties up to $10,000 per day if the law enforcement agency or government fails to comply with any court orders.
Action to Take
  • No action needed at this time
Proposed Legislation: S92 Maintenance Bonds for Subdivision Roads
  • Establishes a maintenance bond process for publicly-dedicated subdivision roads.
  • Requires developers to post the maintenance guarantee within 20 days of filing certificate of completion.
Potential Impact to Counties

Action to Take
  • No action needed at this time
Related County Goal
  • Would accomplish part of NCACC legislative goal GG-2.
Proposed Legislation: More Local School Calendar Bills
  • Continued efforts to allow certain counties to determine their own school calendar schedule
Potential Impact to Counties
  • Updated county list: Alamance, Rowan, Beaufort, Craven, Dare, Hyde, Pamlico, Washington, Stanly, Montgomery, Gaston, Cabarrus, Mecklenburg, Forsyth, Caswell, Rockingham, Stokes, Surry, Anson, Richmond, Scotland.
Action to Take
  • No action needed at this time
Related County Goal
  • These school calendar-related bills would support progress on NCACC Public Education goal 4:
    • Support legislation providing flexibility to align K-12 and community college calendars.

North Carolina Counties' Five Priority Goals

  1. Seek legislation to establish a new state-county partnership to address statewide public school capital challenges--including but not limited to maintenance, renovation, construction and debt--through a dedicated, stable funding stream that is consistent from county to county and sufficient to meet the school facility needs of all 100 counties.
  2. Seek legislation to repeal the statutory authority under N.C. Gen. Stat. 115C-431(c) that allows a local school board to file suit against a county board of commissioners over county appropriations for education.
  3. Support efforts to preserve and expand the existing local revenue base of counties, and oppose efforts to divert to the state fees or taxes currently allocated to the counties to the state. Oppose efforts to erode existing county revenue streams and authorize local option revenue sources already given to any other jurisdiction.
  4. Support increased state funding for transportation construction and maintenance needs, and support legislation to ensure that the STI funding formula recognizes that one size does not fit all and that projects in both rural and urban areas are prioritized and funded.
  5. Support legislation and funding to raise the Age of Juvenile Jurisdiction from 16 to 18 with the exception of felony crimes.

Go to to review North Carolina counties’ complete 2017-18 legislative agenda.

Click here to view the latest episode of This Week at the General Assembly, the NCACC's made for government television show on legislation affecting county governments in the North Carolina General Assembly. 
Copyright © 2017 North Carolina Association of County Commissioners, All rights reserved.

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