2019 WINTER ATTORNEYS CONFERENCE Legislative, Case, & Opioid Update. Agenda. ØLegislative Update. ØNCACC Legislative Goals.

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1 2019 WINTER ATTORNEYS CONFERENCE Legislative, Case, & Opioid Update Amy Bason, Deputy Director & General Counsel Adam Pridemore, Legislative Counsel 1 Agenda ØLegislative Update ØNCACC Legislative Goals ØAssorted topics ØOpioid Litigation Update 2 1

2 2018 Legislative Session cont. Ø Since we last talked NCGA reconvened in October; November December 2018 Election 3 October 2018 Topics S.L Creates the Hurricane Florence Disaster Recovery Fund with $56.5 million redirected from the state s rainy day fund Early Voting/Election changes for disaster counties S.L Provides school calendar flexibility for days missed Directs public school employees be compensated for days deemed complete and not required to be made up. S.L Transfers $792,930,477 to Hurricane Florence Disaster Recovery Reserve. Allocates $398,430,477 through the Hurricane Florence Disaster Recovery Fund to 11 state departments, agencies, and entities 4 2

3 November Election: Constitutional Amendments Max. Income Tax Rate of 7% Voter ID Protect Right to Hunt and Fish Strengthening Victims Rights Judicial Vacancy Sunshine Bipartisan Ethics and Elections Enforcement 5 November Election: Legislative Makeup After 2018 Election Loss of Veto-Proof Majorities in House and Senate Partisan Breakdown: in House; in Senate New Members: 27 in House; 15 in Senate Former County Commissioners: 23 in House; 6 in Senate What Does It All Mean? 6 3

4 November December Session S.L : Allocates an additional almost $300M for disaster relief Majority for agriculture assistance Almost $95 million remains for future allocation S.L : Implements constitutional requirement requiring photo id when voting. Requires county boards of elections to issue free voter photo cards to registered voters upon request. Includes $850,000 appropriation for counties to help with ongoing costs of issuing voter ID cards Vetoed by Governor; Veto Overridden 7 November December Session Cont d S.L : Bipartisan State Board Changes Background: In 2016 legislature revamped State Elections Board & State Ethics Commission; reduced appointments by Governor Court declared new structure unconstitutional New law largely recreates entities in place before 2016 changes Governor Vetoed; Veto Overridden Court held other key boards and commissioners (such as Clean Water Management Trust Fund), unconstitutional as well Legislature likely to take up in

5 NCACC Legislative Goals Process Commissioners & Boards Submit Proposed Goals July - Sept Board Considers & Approves Goals December Goals Referred to Steering Committee Steering Comms. Consider & Recommend Sept - Oct Goals Referred to Legislative Goals Comm. Goals Referred to Board of Directors Goals Referred to Member County Boards New Boards Take Office, Consider & Select Delegates December Legis. Goals Comm. Considers & Recommends Oct Nov Delegates Approve Goals at Legis Goals Conference January 9 NCACC Legislative Goals Process NCACC extended goal submission deadline to Oct. 5 due to Hurricane Florence Number of Goals Received: 253 Number of Counties Submitting at Least One Goal: 30 Number of Goals Approved at Legislative Goals Conference:

6 NCACC Priority Legislative Goals Seek legislation, funding, and other efforts to expand digital infrastructure/broadband capability to the unserved and under-served areas and residents of the state. Seek additional revenue sources, including a statewide bond and lottery proceeds, to equitably address statewide public school and community college capital challenges. Support efforts to preserve and expand the existing local revenue base of counties and authorize local option revenue sources already given to any other jurisdiction to all counties. Oppose efforts to divert to the state, fees or taxes currently allocated to the counties or to erode existing county revenue streams. 11 NCACC Priority Legislative Goals Support provision of state resources to ensure county ability to provide essential public health, behavioral health and social services, with specific consideration to the challenges of incarcerated persons, the continued county role in behavioral health governance, and programs addressing substance use disorder, throughout Medicaid transformation. 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 appropriations to the local board of education s capital outlay fund. 12 6

7 H1031 Work Group Established by S.L (House Bill 1031) Workgroup consists of county managers, county budget officers, county attorney, school board attorney, and school board finance officers Charge of the Work Group: Relating to capital outlay funds, a mechanism for calculation by formula or other means to resolve disputes related to capital outlay as alternatives to litigation Update from Halifax County attorney Glynn Rollins Volunteers? Other NCACC Goals Of Interest Seek to revise the provision in G.S. 108A-74 requiring counties to enter into annual written agreements for all social services programs other than medical assistance. Seek legislation to reinstate funding for Drug Treatment and Mental Health Courts. Support legislation to protect farming operations from nuisance lawsuits including those as defined by the state and small farms in rural counties. Seek legislation to authorize counties to require developers to post maintenance bonds on new construction for subdivision roads 14 7

8 Case Law Update 16 8

9 Cases of Note - US Supreme Court October 2018 Term 43 cases argued through January Upcoming: Partisan Gerrymandering NC, MD cases Kisor v Wilkie deference to agency rule interpretation NYC 2 nd Amendment case Cases of Note State Courts Silver v Halifax County (Dec. 26, 2018) Leandro claims for constitutional right to sound basic education can only be brought against State, not counties NCACC filed an amicus brief with NC Supreme Court to highlight potential impacts to all counties Meinck v. City of Gastonia (Oct 26, 2018) Overturned Court of Appeals Governmental Immunity Followed Williams analysis Walker v. Hoke County, 2017 N.C. App. LEXIS 1084; disc. rev denied(sep. 20, 2018) Motion to dismiss proper; lack of taxpayer standing 18 9

10 Eastern District Subpoenas Subpoenaed Documents From August 30, 2013 August 30, 2018: Any and all poll books E-poll books Voting records Voting authorization documents Executed Official ballots (including absentee official ballots) 10

11 Opioid Litigation Update 21 11

12 Update from Counties Catawba County Debra Bechtel, County Attorney Davidson County Chuck Frye, County Attorney Forsyth County Gordon Watkins, County Attorney Thank you! Amy Bason, NCACC Deputy Director & General Counsel (919) Adam Pridemore, Legislative Counsel (919)