COUNTY Mandates

Bradshaw Visit Natural highlights ‘most Tunnel State troublesome’ Park and COUNTY mandates... Scott County CONNECTIONS Page 2 ... Page 5 The New federal The Newsletter of the President’s funding Virginia Association of Counties Message... package Page 3 (Medicaid and K-12)... August 15, 2010 Page 7 2010 Annual VACo’s summer meeting: Conference update Lt. Governor talks jobs and steering committees initiate work Photo courtesy of Craig Carper, WCVE-Richmond The agenda for VACo’s 2010 Annual Conference is taking shape. Major issues to receive attention will be the economy, jobs, the social media, energy, aggressive new initiatives By Mike Edwards undertaken by EPA to improve water [email protected] quality, redistricting, taxation, transportation, and more. During VACo’s summer meeting on recommendations including efforts to To enhance this year’s focus on Aug. 6 in Henrico County, Lt. promote “emerging technology sectors” transportation, Sean Connaughton, Governor William T. “Bill” Bolling such as biomedical research. Bolling Virginia’s Secretary of Transportation spoke to the Board of Directors about discussed a range of associated (and former Chair of Prince William the ongoing work of the Governor’s Commission issues: Commission County’s Board of Supervisors) has Economic Development and Jobs membership (excluding local leaders); accepted VACo’s invitation to partici- Creation Commission, and the steering Interim recommendations impacting pate actively in meetings and sessions committees initiated the development of local business taxes (specific that will be part of this year’s event. the 2011 legislative program. workgroups are targeting the Machinery With formula allocations for Additionally, the Board adopted a and Tools and BPOL taxes for repeal); Virginia’s secondary roads being 2011 change to the existing steering and Transportation funding. The Lt. virtually decimated in recent years, and committee structure by establishing a Governor said repealing or changing VDOT’s revenue sharing program new one. local taxes and revenues requires “an providing only a fraction of the Bolling co-chairs the Commission offset.” He also said finding a assistance for counties it provided only in his capacity as Gov. Robert F. politically consensual and long term a few years ago, it will be essential for McDonnell’s Chief Jobs Creation transportation funding solution may this year’s conference to feature frank Officer. McDonnell created the prove elusive, despite the McDonnell and honest discussions over transporta- Commission and announced Bolling’s Administration’s ongoing and near term tion along with many other issues. appointment in Executive Order #1. goals to buttress spending, including In addition to Secretary VACo’s eight steering committees privatizing the sale of liquor. The Connaughton and Speaker of the completed the first of their two Commission is charged with completing House William Howell, we fully expect scheduled meetings. its recommendations in mid-October. The Lt. Governor reviewed several CONFERENCE of the Commission’s interim MEETING Continued on page 8 Continued on page 9 COUNTY CONNECTIONS August 15, 2010 Bradshaw highlights ‘most troublesome’ mandates Ted McCormack million reduction in FY 2011). and localities based on the number of [email protected] employees potentially eligible to receive VACo President Phillip Bradshaw Comprehensive Services Act benefits under the program. VACo opposes spoke to the Aug. 4 meeting of the The Commonwealth has increased the shift in program funding. Local Intergovernmental Relations Committee of mandatory local participation percentages governments did not support the creation of the Governor's Reform Commission on the for the provision of services funded through this state benefit and now should not be state mandates of most concern to counties. the Comprehensive Services Act. Mandates required to pay for it. VML and the School Board increasing local rates for residential and Association also presented their lists of foster care related services should be Chesapeake Bay Preservation Act troublesome mandates to the committee at abolished and returned to the FY 2006 level. Local governments east of I-95 subject that meeting. Local match rates should not differentiate to the Chesapeake Bay Preservation Act are President Bradshaw’s presentation between service types. required to devote staff resources to monitor began by reiterating VACo's long-standing Additionally, the CSA mandate the five-year septic tank pump out provision policy statement on mandates from the 2010 requiring local governments to match federal of the Act. This should be the job of the Legislative Program. He then went on to list Medicaid funds should be eliminated. Department of Health since it currently has some of the most of problematic state Lastly, the State Executive Council the records and personnel already in place mandates impacting local governments. should be required to follow the to monitor this requirement. Among those were: Administrative Process Act in the review In addition, the Act mandates that and approval of new CSA provisions. localities review soil and water runoff Aid to Localities Currently, the Council has final say. control and water quality assessments VACo supports abolishing the current prepared by all agricultural operations biennial Aid to Localities reductions. The Equal Tax and Bond Authority within their jurisdiction, and to take ATL reversion of $60 million in FY 2011 VACo supports granting counties the enforcement action when necessary. This and $60 million again in FY 2012 creates a authority cities and towns retain to enact function necessitates additional staff and hardship for localities and appears local excise taxes including the cigarette tax, costs and should appropriately be the unnecessary in light of an FY 2010 $220 admissions tax, transient occupancy tax and responsibility of either the Department of million state surplus. meals tax. VACo also supports granting Conservation and Recreation or the Virginia Political subdivisions reverted $50 counties the authority cities and towns Department of Agriculture. million in ATL reductions in both FY 2009 retain to approve general obligation debt. and FY 2010. These cuts are in addition to VACo recognizes that the equalization of Courthouse Construction all other local reductions. It is important to bonding authority will require a State law requires localities to assume repeat that $50 million of the $220 million constitutional amendment. the mandated cost to construct and main- FY 2010 surplus came directly from these tain court facilities. If, in the sole opinion of reimbursements. Constitutional Officers the local circuit court, localities do not meet VACo urges the Commonwealth to those requirements, the court can order to Public Education Funding meet its full funding obligations for build a new courthouse without regard to Localities are holding the K-12 public mandated constitutional officers. A JLARC the fiscal condition of the local government. education system together to meet the study of funding and staffing of In most instances, such an order Standards of Accreditation and the constitutional officers and other state involves spending millions of dollars on new Standards of Learning. They are spending mandated positions should be conducted. A facilities - new facilities that may not be $3 billion or 82 percent more a year than full fiscal and program analysis should included in the local CIP. Additionally, the required by the state. The $3 billion is 22 determine state and local responsibilities and state has not established incentives for court percent of total K-12 spending. whether state funding responsibilities are officials to foster regional facilities. While While the $3 billion is not technically sufficient. Additionally, the study should this mandate has been temporarily and statutorily mandated, localities are examine jail issues including staffing, suspended by the General Assembly it responding to actual needs and costs the funding, construction, per diems, remains a threat of significant unplanned state is failing to recognize. operational costs, and benefits. expenditures to all cities and counties. • Recent state K-12 reductions: FY 2010 state distributions were nearly Line of Duty Act Elections $300 million lower than actual FY 2009 The 2010 General Assembly included Federal and state laws govern elections appropriations. budget language transitioning the Line of and voter registration processes, but local Compared to FY 2009 funding levels, Duty benefit in FY 2012 from a fully state governments assume most of the costs. the new state budget reduces state support funded program to one paid by local President Bradshaw also repeated some for administrative school positions by governments and state agencies. New of his remarks to Gov. McDonnell at the one-third each year of the biennium (a $376 premiums will be charged to state agencies Town Hall held in Norfolk on Aug. 9. 2 COUNTY August 15, 2010 CONNECTIONS The President’s Message Dear Members, As noted in today’s lead story (VACo’s summer meeting: Lt. Governor talks jobs and steering committees initiate work) and during its Aug. 6 meeting in Henrico, the VACo Board of Directors adopted a 2011 change to the existing steering committee structure. We established a new committee to oversee compensation and public safety issues namely Compensation Board, compensation and retirement, line of duty and other public safety issues. The change

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