Thursday, December 8, 2022

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Tuesday, October 25, 2022

NDACo Members Approve Resolutions for 2022

Members of both the North Dakota Association of Counties Association and the North Dakota County Commissioners Association approved resolutions at the recent NDACo Annual Conference. These resolutions drive policy direction to NDACo's legislative team for the upcoming Legislative Session. 

2022 RESOLUTIONS BY

THE NORTH DAKOTA ASSOCIATION OF COUNTIES AND THE NORTH DAKOTA COUNTY COMMISSIONERS ASSOCIATION

2022-01. Shelter Care Support. Research strongly supports treating youth who are considered “Children in Need of Services” (i.e., runaways or ungovernable behavior) but have not otherwise committed a crime with a different approach than the traditional arrest and detention. Such youths should be provided a safe shelter but not co-housed with youth who have committed potentially serious crimes.  However, such separation causes additional expenses to counties and other local governments. This Association supports additional State funding to ensure shelter care is fully funded on a reimbursable basis for counties from the time such youth is placed in the shelter care facility. New Resolution

2022-02. Support for and Study of Clerk of Courts Structure. The North Dakota Association of Counties recognizes the importance of the Clerk of Court offices throughout the State of North Dakota as a point of public access to the Court system. This system has been in place since approved by the 1999 North Dakota Legislature. NDACo remains committed to keeping the existing contract Clerk of Courts offices in the employ of the counties under current law, as per Chapter 27-05.2 of the North Dakota Century Code. NDACo believes that all existing Clerk of Court offices are a valuable resource to the general public in the counties in which they serve. The transition of contract county offices to State offices, without further study, could potentially limit public access to the court system and create a substantial financial impact to the State and county. The Association supports the current clerk structure and request that the Legislature authorize an interim study of the Clerks of Court to receive full input and effect that would be occasioned by changes made to existing law. New Resolution

2022-03. Public Health Funding. A robust public health system is imperative to all North Dakota citizens. The recent pandemic highlights the personal sacrifices those in the public health sector are willing to undertake to keep citizen’s safe. However, public health is increasingly called on to perform many services which stretch resources thin. Additionally, based on the historical nature of how health units were created and the potential disparity in political subdivision funding, health services are subjected to funding uncertainties. This Association supports identifying public health core services and requests the legislature study the delivery of public health services to ensure the overall operation and funding mechanisms are in place to carry out this important mission. New Resolution

2022-04. Support for North Dakota North Dakota’s Coal Industry. Coal-based power plants generate more than 60 percent of the electricity consumed in the state, and export additional power throughout the upper Midwest. This baseload capacity is vitally important to maintaining the reliability of the electric grid and is crucially important for the State’s residences and industries. The association supports legal, regulatory and financial solutions that will for all energy resources maintain baseload generation assets and integrity of the electrical grid. New Resolution

2022-05. Law Enforcement training fund. Law Enforcement is an essential function of Government. Well trained and educated officers are critically important for the safety and well-being of all North Dakota citizens. Political subdivisions bear the expenses for students to attend the Law Enforcement Training Academy which upon successful completion of their training allows them to perform law enforcement functions in their communities. However, many officers after short periods of time move onto larger law enforcement agencies which places an undue burden on the smaller jurisdictions to continuously pay for training. This association supports the creation of a State funded law enforcement training academy fund to relieve counties from this fiscal burden. New Resolution

2022‐06. Human Service Zone Team Member Equity Compensation. North Dakota Counties recognize that human service zone team members are county employees yet are subject to state appropriations for operational costs including salary and host-county offered benefits. In addition, North Dakota Counties recognize the Department of Health & Human Services and the Legislature’s outstanding commitment to social services redesign and the development of human service zones. Understandably, such significant changes require further adjustments over time as additional information becomes available. For efficient and effective administration, total compensation equity across the entire human service delivery system must be improved. This association supports legislative efforts and the accompanying funding to provide equity across all human service zones. New Resolution

2022-07. NDSU Extension Service Support.  NDSU Extension is recognized as providing valuable services for the citizens throughout North Dakota.  The Extension funding model represents a valuable partnership between the State and Counties with the State supporting agent’s salaries while the county supports staffing and other direct and indirect costs. However, over the years the State’s salary contribution for agents has not kept pace with other costs creating inequalities. This Association supports increased State contributions for Extension Agents. Update of Resolution 2018-10

2022-08. Centrally Assessed Property Valuation.  Counties are required to issue estimated tax notices by August 31st which include preliminary budget data for all political subdivisions. Certain properties are not assessed at the local level and require the State Tax department to work with those property owners to provide the actual value to the county. Counties, and all other taxing entities, depend on the accuracy of centrally assessed properties when computing their budgets. Therefore, it is paramount this information is complete and reported to counties by July 1st. This Association urges the strengthening of the valuation process for centrally assessed properties so that accurate values are established and delivered to counties in a user-friendly format utilizing taxing district information prior to preliminary budgets being set in order to achieve the greatest level of taxpayer fairness. Update of Resolution 2018-09

2022-09. Statewide Interoperable Radio Network (SIRN). As the SIRN project continues its buildout across the state of North Dakota local jurisdictions are realizing an increased cost for the equipment required. Currently, the state provides a $1500 cost reimbursement for radios. The cost of radios in greater than first estimated in addition law enforcement are required to utilize radios with encryption these factors have increased the financial commitment for local government. Currently less than 25% of the radios have been purchased by local government. This Association recognizes the need for all emergency responding agencies to utilize the equipment for the vitality of this project. Therefore, this Association encourages additional State support for radio units that have previously been purchased for the program as well as for future radio purchases. Additionally, past experiences with upgraded radio projects have created gaps in coverage specifically in rural areas. This Association requests at least a 90% coverage guarantee in all counties before such a system can be fully implemented. Update of Resolution 2020-10

2022-10. Behavioral Health. Lack of behavioral health and chemical dependency treatment programs or access to transportation to existing programs places a significant burden on county services. Behavioral Health services need to be available in all areas of this State including rural areas outside of the population centers. County jails should not be de facto behavioral health service providers. This Association supports increased State funding for fair and competitive compensation for State behavioral health professionals, for the delivery of behavioral health services for the Department of Human Services and the Department of Corrections, and to preapproved private behavioral health providers to ensure those seeking help or those on probation/parole have access to substance abuse and mental health services. Update of Resolution 2019-05

2022-11. Support for NDSU Extension Parenting Classes. District Courts have recognized the value of ordering certain individuals to receive parenting classes which NDSU extension is able to provide. However, counties are in many instances responsible for offsetting much of this cost. This Association supports additional State funds to support Court ordered NDSU Extension parenting classes.71 New Resolution

2022-12. Gross Production Tax Road Mill Requirement. North Dakota’s oil and gas resources are not subjected to property tax and are instead subjected to tax at the State Level. Historically, those taxes are shared with the local political subdivisions through the Gross Production Tax formula under NDCC 57-51-15. However, counties are required to levy 10 road mills in order to receive their share of the revenue regardless of whether such funds are needed. This Association supports the elimination or reduction of the GPT road mill levy requirement. New Resolution

 


Tuesday, January 18, 2022

Legislative Update - Special Session Summary and Interim Committees

Special Session Review

Highlights from the 5-day Special Session November 8-12 includes:

Redistricting – 47 Legislative Districts (16,500 residents)
New Map here: https://www.legis.nd.gov/files/district-maps/2023-2032/finalmaphb1504.pdf
  • 3 new districts – Williams (23) McKenzie, Dunn (26) & Fargo (10)
  • Subdistricts – 2 Representatives, one from each subdistrict. 1 Senator from combined district.
    • 4A & 4B (Fort Berthold Reservation)
    • 9A & 9B (Turtle Mountain Reservation)
  • Five even numbered districts have 25% or more new voters = election in 2022                 (Districts 8,20,28,36& 44)
  • All odd numbered districts up in 2022
Infrastructure Funding (state ARPA funds)

 $100 million to counties for road and bridge construction
  • $80 million distributed directly to counties in January based on Upper Great Plains Transportation Institute (UGPTI) needs study formula.
    • Cap of $3 million (Six counties capped: Burleigh, Cass, Grand Forks, McKenzie, Ward & Williams)
  • Cap results in $4.65 million being combined with additional $20 million for county bridge projects to be distributed by NDDOT through application process.
  •  $200 million to NDDOT, as well as $135 million in federal fund authorization.
  • $17 million to Townships (half will go out by road miles, half shared equally in non-oil counties.
Other ARPA funding priorities that matter to counties
Started with $9 Billion in requests for $1.1 Billion in ARPA fund
  • $150 million natural gas pipeline from western to eastern ND
  • $75 million for water projects
  • $3 million remodel of Law Enforcement Training Academy
  • $4.6 million SIRN radios for Highway Patrol & DOCR
COVID-19 Vaccination
  • No Government entity can require proof of vaccination or antibodies or inquire about an individual’s recovery status for access to property, funds or services.
  • The government may not require a private business to obtain documentation certifying individual vaccination status, antibodies or recovery status.
  • Businesses are prohibited from requesting covid-19 status prior to patrons entering.
  • Department of corrections, correctional facilities, the state hospital, healthcare providers and local public health units may ask vaccination status to provide appropriate measures are taken for staff and clients.
  • There are multiple exemptions available for employees who are required to be vaccinated.

NDACo 2021-22 Interim Legislative Activities

The following summarizes the key studies that may ultimately affect counties.

Acute Psychiatric Treatment (new committee)
  • Study the acute psychiatric hospitalization, residential treatment and support needs of individuals with mental health illness.
    • Study to include: reviewing options for long-term plan or psychiatric hospitalization; options to replace State Hospital with other facilities; the future use of facilities at the State Hospital campus; recommendation for new State Hospital.
  • Study the behavioral health needs of incarcerated adults.
    • Input will be sought from law enforcement & local officials.
  • Study the implementation of expanded behavioral health services.
  • Capacity & utilization of State Hospital
  • Behavioral health bed management system
Agriculture & Natural Resources Committee
Report of interest:
  • ND Department of Transportation to report on the Road Train Pilot Program
    • Before 8/1/22 DOT shall report findings and recommendations of its study on pilot projects on the feasibility and impact of long combination vehicle operations & legislative recommendations for implementation
    • UPDATE: DOT issued request for application in long combination vehicle pilot study from the transportation industry. No applications were submitted, therefore, DOT will not conduct study. 
Budget Section
  • Authorization of use of federal funds
  • Reports of interest:
    • DOCR report on prison population management plan and inmate admissions; including number not admitted after sentencing
    • DOT report on fund transferred from general fund to highway fund
Retirement Committee (new committee)
Develop a plan for new hires under the Public Employees Retirement System (PERS) to participate in the defined contribution plan and to close the define3d benefit plan to new employees effective 1/1/2024.
  • Use of third-party contractor to assist in study
  • Committee approved RFP draft for consultant
  • Input from political subdivisions on impact
  • Received information in October from several states that have transitioned from defined benefit to a defined contribution retirement plan
  • Legislative Council Summary
Employee Benefits Programs Committee
Review legislative measures & proposals affecting public employees retirement programs (PERS) and health and retiree health plans.

Government Finance Committee
  • Study of state agency fees.
  • Study the recruitment, retention, turnover and training of law enforcement and correctional officers employed by state and political subdivisions.
  • County officials including Sheriffs & Jail Administrators will be involved.
  • Review state budget information
  • BND to report on status of infrastructure revolving loan fund, the legacy infrastructure loan fund and the water infrastructure revolving loan fund.
Health Care Committee
  • Study solutions to barriers to access and utilize telehealth services in the state.
  • Study the feasibility & desirability of implementing a community health worker program.
  • Study prescription drug pricing and importation.
  • Sheriffs weighed in on importation concerns during legislative session.

Human Services Committee
  • Study issues related to the Department of Human Services (DHS) and human service zones employee compensation.
  • Reports of interest:
    • Report from DHS on process to allow a human service zone to opt in to state employment.
    • Report from DHS on process to calculate payment for indirect costs.
    • Report on status of merger of state Department of Health into DHS.

Information Technology Committee
  • Study costs incurred by the Information Technology Department (ITD) to deliver core technology services & cybersecurity services to state agencies & political subdivisions.
  • Reports on:
    • Coordination of services with political subdivisions
    • Statewide Longitudinal Data System Committee recommendations related to data sharing governance
    • Emergency Services Communications Coordinating Committee (ESC3) regarding use of the assessed communications services fee revenue along with recommendations for operating standards for emergency services communications (dispatchers).
Judiciary Committee
  • Study the juvenile justice process and collaborate with the Commission on Juvenile Justice.
  • Study the necessity of licensing shelter care programs for youth and ability for youth to access temporary shelter.
  • Study factors contributing to nation’s firearm and ammunition shortage and impact.
  • Reports of interest:
    • Annual report from Attorney General summarizing civilly forfeited property.
    • Medical marijuana program
    • Indigent defense contract system and public defenders
    • Expected costs to provide legal counsel and services to juveniles
Legacy & Budget Stabilization Fund Advisory Board
Develop recommendations for the investment of funds in the legacy fund and the budget stabilization fund to present to the State Investment Board.

Legacy Fund Earnings Committee
Study potential uses of legacy fund earnings

Legislative Audit & Fiscal Review Committee
Determine when the State Auditor is to perform audits of political subdivisions
Order the State Auditor to audit or review the accounts of any political subdivision

Natural Resources Committee
  • Continue study of access to public & private lands for hunting, trapping, fishing & related issues.
  • Study must include evaluating electronic land access database and application & expansion of database and application to all counties.
    • Jason Horning, NDACo - Next Generation 9-1-1 Program Manager, serves on this committee as a citizen member.
Redistricting Committee
Committee developed a legislative redistricting plan to be implemented for use in 2022 primary election. 

Taxation Committee
Report from Tax Commissioner of property tax increases in state.

Water Drainage Committee
Study and propose legislative changes to eliminate redundancy and conflicts in state code and to provide for uniform assessment procedures for all water projects; study and recommend procedures to appeal water resource board decisions; improve water resource board accountability.
Committee includes participation from:
Jeff Frith, Ramsey County Commissioner
Sharon Lipsh, Former Walsh County Highway Supt.

Water Topics Overview Committee
Report of interest: Onsite Wastewater Recycling Technical Committee to submit report on the status of the statewide technical guide and the committee’s recommendations.