2009-1. Highway Construction and Funding. This Association and the counties it represents acknowledge the Governor and Legislature in their efforts to provide enhanced highway funding at this time of tremendous natural disaster and greatly increased construction costs. As the Interim Public Safety and Transportation Committee begins to examine highway funding for the future, we strongly urge this Committee to carefully consider the infrastructure needs of local government and the limited resources available in the future.

 

2009-2. Civil Indigent Defense Costs.  While the State assumed the responsibility for indigent defense in criminal proceedings over a decade ago, this responsibility in civil sex offender and mental health commitment cases has remained with county government. This unpredictable, but increasing, cost is a growing property tax burden. Placing this responsibility with counties, while they are employing and funding the State’s Attorney who represents the State in such cases, also creates the appearance of a conflict. This Association supports the interim Judicial Process Committee in its examination of the proper administration and funding of this function, with the goal of a shift to State responsibility.

2009-3. Property Tax Reform. The Legislature took important steps in 2009 to address the growing property tax burden in North Dakota. Greatly enhanced school funding to offset a property tax reduction will provide considerable relief to property tax payers. The Interim Taxation Committee has been charged with the continued examination of this important issue. This Association offers its support to the Committee’s efforts, and urges that their study include a close examination of the costs of each level of local government that drives property taxes and the laws, rules and requirements that impose those costs.

2009-4. Immunizations. 2007 Legislative changes to the delivery system for immunizations have increased local health district financial responsibilities and administrative costs. Four small health units no longer participate in the current immunization program due to the administrative burden of billing insurance providers.  The 2009 Legislature allowed one-time funding to assure that local public health units do not lose money on the immunization program.  As the Interim Health and Human Services Committee studies this delivery system, we urge the Committee to propose a long-term solution that will ensure statewide immunization access without a property tax burden.

 

2009-5. Federal Control of Surface Water. Current federal legislation to reauthorize the Clean Water Act proposes to change the definition of the “waters of the United States” by removing the word “navigable”. This minor edit would place all bodies of water or “perceived” bodies of water under federal jurisdiction – with dramatic implications for states and counties. This could expand significantly the application of federal laws and regulations to roadside ditches, manmade ponds, drainage and other natural and manmade features – increasing delays and costs for county roadwork, land use planning, and possibly other county functions. This Association joins the National Association of Counties in its opposition to the removal of the word “navigable” in the definition of “waters of the United States”.

 

2009-6. Emergency Management. Currently The Federal Emergency Management Agency in North Dakota is a state managed FEMA system, which is run by the Disaster Recovery Division of the North Dakota Department of Emergency Services. 2009 flooding caused statewide problems, which needed immediate attention. Our State Management of the recovery operations is a failed attempt with many counties left without adequate assistance to find their way through the complicated FEMA System. This Association requests that Governor, the Adjutant General, and the Director of the Disaster Recovery Division, working in conjunction with county emergency managers, implement immediate actions to improve readiness and effectiveness.