A Pause in the Legislative Session

Just like everything else in 2020, the North Carolina General Assembly is adapting to changing circumstances rapidly and adjusting legislative plans fairly often. At the moment, it appears that they wrapped up business for the summer and plan to return for a brief time beginning September 2 (but maybe sooner?).  Have you managed to keep track of the legislation?  I know I certainly haven’t.  If you want a little help combing through the details, please join us for the next installment of our 2020 Local Government Legislative Review Webinar on Friday, July 17 from 10-12.  Read on for more details.

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How Does North Carolina Law Provide for Communicable Disease Control Measures for Emerging Diseases Like COVID-19?

North Carolina law requires all persons to comply with communicable disease control measures prescribed by the Commission for Public Health, an administrative rule-making body. G.S. 130A-144(f). If a person fails to comply with required control measures, public health officials may use certain public health remedies to enforce the communicable disease law’s requirements.

Communicable disease control measures are disease-specific and vary depending on how a disease spreads and a host of other factors. There is no one-size-fits-all control measure that is appropriate for all diseases. In North Carolina, a detailed body of administrative law has developed to address this complicated issue, which includes statewide rules that apply to emerging diseases such as COVID-19.

“Emerging disease” is a term used to describe a disease that is new to a population. When a communicable disease is new, the measures that are needed to control its spread are likely to be initially unknown. Typically control measures must be developed—and sometimes changed—as the disease is studied and becomes better understood.

How can the required communicable disease control measures be identified in these circumstances? Read on for information about how North Carolina law provides for determining and assuring compliance with communicable disease control measures for emerging diseases.

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New Law Requires Electronic Publication of Local State of Emergency Declarations

In the most recent legislative session, the General Assembly amended the state’s emergency management act to impose new publication requirements on county and city state of emergency declarations (S.L. 2020-83, Sec. 11.7).  Prior to enactment of HB593 which amended GS 166A-19.31(d), county and city state of emergency declarations went into effect “upon publication.”  Although “publication” was not specifically defined (other than to exempt declarations from newspaper publication under GS 1-597), the statute allowed publication to include disseminating reports of the declaration, including restrictions and prohibitions imposed under the declaration, in the mass media or by other methods to communicate the information broadly and quickly to the public.  The text of the declaration could be disseminated “as soon as practicable” after it was issued.  Now, local state of emergency declarations, and any restrictions or prohibitions imposed under those declarations, do not become legally effective and enforceable until the county or city issuing the declaration does two things: (1) posts a written, signed copy of the declaration “conspicuously” on its website (if the jurisdiction has a website); and (2) submits a written, signed copy of the declaration to the state’s WebEOC critical incident management system.  What does this change mean for county and city emergency authorities and operations? Read more »

Chapter 160D Now Effective

The General Assembly enacted legislation — S.L. 2020-25 (S. 720) — making Chapter 160D effective on June 19, 2020. This law also allows cities and counties greater flexibility in the timing for adoption of amendments to conform local development regulations to the new statute. Local governments can enact their amendments now, but they are not required to do so until July 1, 2021. This law also makes technical and clarifying amendments to Chapter 160D. Read more »

Slightly Modified Daily Deposit Requirement During COVID-19

Under state law, all monies collected or received by employees or officials of a local government or public authority (collectively, local unit) must be deposited daily into an official depository or with a properly licensed and recognized cash collection service. G.S. 159-32. A local unit’s governing board may waive the daily deposit requirement until the amount on hand totals at least $500.

In its recent legislative session, the General Assembly granted authority to the Secretary of the Local Government Commission to modify the daily deposit requirement during an emergency declaration issued under G.S. 166A-19.20. See Sect. 4.28(a) of S.L. 2020-3. The Department of State Treasurer posted guidance today on the Secretary’s modification here.

In sum, a local unit should continue to follow the statutory daily deposit requirement if it is able to do so. For local units whose boards have not authorized the $500 exception, “the deposits required under NCGS 159-32(a) are not required to be made daily if it is not possible for a unit to comply due to limitations such as limited staff availability or reduced office hours, but must be made at least weekly. Deposits must be maintained in a secure location and all requirements of 159-32(a) remain in effect other than this modification to the frequency of deposits.” The modification does not apply if the governing board has already authorized the $500 exception.

Note that the authorized modification “remain(s) in effect until Executive Order No. 116 [emergency declaration for COVID-19] is rescinded or is otherwise terminated.”

Human Trafficking in the COVID-19 Pandemic

Trafficking, like health disparities, targets marginalized groups.  The equation of human trafficking involves three types of participants:

• People who are vulnerable
• People who arrange and profit from the trafficking
• People who are customers

The Covid-19 pandemic is generating new vulnerabilities to be exploited, new strategies for recruiting or marketing victims, and now a risk of exposure to COVID-19.

Local government staff should be aware of these dynamics as they interact with residents during the daily flow of public work.  They might be seeing the indicators of trafficking without recognizing the implications. Read more »

How Interim Budgets Might Impact Tax Collections

Interim budgets may provide breathing room for local governments wary of setting their 2020-2021 property tax before they know the full extent of how the COVID-19 pandemic will affect the state and local economies. But interim budgets are not without consequences.

I described some of the concerns involved with this approach in this blog post. Today I provide more detail about the tax collection consequences that could result from an interim budget so that managers and boards considering this approach are better informed about how it might affect this important revenue stream.  These potential negative consequences include late tax bills, conflicts between counties and towns about when to bill, and miscalculation of taxes on registered motor vehicles. Read more »