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51 st Legislature, Second Regular Session: Briefing to Maricopa County C r a i g A. S u l l i va n E x e c u t i v e D i r e c t o r A u g u s t 11 , 2 0 1 4 County Supervisors Association CSA’s Purpose: • CSA is a non-partisan forum for Arizona’s 61 county supervisors to address important issues facing local constituents, providing a mechanism to share information and to advance a proactive state and federal policy agenda Core Goals: • Protect and enhance county authorities and resources in order to promote efficient, responsive constituent services • Develop and disseminate information to assist state and local decision- making CSA Leadership CSA Board of Directors All 61 county supervisors from Arizona’s 15 counties CSA Executive Committee President President Elect First Vice-President Second Vice-President Third Vice-President Immediate Past President Hon. Jim Palmer Vacant Hon. Mandy Metzger Hon. Tommie Martin Hon. Anthony Smith Hon. Lenore Stuart Graham County Large County Coconino County Gila County Pinal County Yuma County CSA Legislative Policy Committee Jim Palmer, Graham, CSA President Barry Weller, Apache Gary Watson, Mohave Ann English, Cochise David Tenney, Navajo Mandy Metzger, Coconino Sharon Bronson, Pima Tommie Cline Martin, Gila Pete Rios, Pinal David Gomez, Greenlee Manny Ruiz, Santa Cruz D.L. Wilson, La Paz Tom Thurman, Yavapai Mary Rose Wilcox, Maricopa, (R. 5/27/2014) Lenore Stuart, Yuma CSA County Services • Advocacy and Policy Development • Arizona Legislature and Executive Agencies • U.S. Congress and Federal Agencies •Research and Informative Products •Communication and Outreach FY 2013-2014 Association Report Includes select outcomes, information products and support services. CSA Legislative Summary Annual summary document is now available on the CSA website: www.countysupervisors.org The general effective for bills was July 24, 2014, 90 days after sine die. 5 2013 CSA Summit – Payson, Gila County County Directives to CSA Staff • Budget #1 Priority • Elevate statewide awareness of the HURF funding crisis • Restore local government HURF • Identify strategies for enhanced resources/improved efficiencies • Eliminate county payments to the Arizona State Hospital for the Sexually Violent Persons (SVP) population • Re-establish, in statute, the share of Lottery revenues for all 15 Arizona counties • Advance client-initiated, CSA-sponsored legislation • Engage legislation that impacts county resources, services or authorities 6 Getting the Message Out Counties mobilize to communicate priorities Sustain ongoing conversations with decision-makers Coalition of legislators and stakeholders hear a consistent, resounding message 7 Transportation Advocacy 6 Final FY14-15 Budget On April 11, 2014, the Governor signed a budget, but she chose to line-item veto eight provisions, including one that offset TPT revenue losses to counties. • The budget includes the following county-related provisions: • HURF Restoration: $30 million appropriated for HURF restoration • Counties receive: $10 million • Maricopa County receives an estimated: $4,154,900 • Direct Appropriation to Counties (Lottery Revenue): $7.15 million line item appropriation to be distributed to 13 counties under 900,000 persons. • Sexually Violent Persons (SVP) Payments: Maintains FY15 payments at FY14 levels, approximately 34% of costs. Includes "flexibility language" allowing counties to pay via any county resource. • County Flexibility Language: Allows counties, with fewer than 200,000 persons, to use any source of county revenue to meet a county fiscal obligation for FY 2015. 9 State Budget as Enacted In Millions FY15 FY16 FY17 Ongoing $8,708 $9,061 $9,465 Revenues Ongoing $9,200 $9,415 $9,719 Expenditures Structural $(492) $(354) $(254) Balance/ (Deficit)1 Carry Forward $601 $139 $0 $(215) Fund Transfers $54 $0 $0 One-time Capital $24 $0 $0 Outlay Ending Balance / $139 $(215) $(254) $(469) (Deficit) Note: Figures may not add due to rounding 1 Excludes one-time revenues and expenditures and does not account for $460M in “rainy day” fund 10 State Budget with K-12 Judgment In Millions FY15 FY16 FY17 Ongoing Revenues $8,720 $9,069 $9,486 Ongoing $9,564 $9,774 $10,074 Expenditures Structural Balance/ $(844) $(706) $(589) (Deficit)1 Carry Forward $596 $0 $(220) $0 $(932) One Time Revenue $52 $(6) $0 One-time Capital $24 $0 $0 Outlay Ending Balance / $(220) $(706) $(932) $(589) $(1,520) (Deficit) Notes: a) Figures are taken from JLBC K-12 Inflation Funding Lawsuit Update Table 4, based on the April FAC forecast; b) Figures only reflect projected balances due to the K-12 inflation reset, if back payments are required the FY16 ending balance could reach $(1.4) billion. c) some figures may not add due to rounding 1 Excludes one-time revenues and expenditures and does not account for $460M in “rainy day” fund CSA Legislative Agenda & County-related Bills 12 CSA-sponsored Legislation Enacted into law: • HB 2218: fire districts reorganization elections (Fann) Ch. 260 • HB 2240: developmental disabilities; client income; retention (Brophy McGee) Ch. 167 • HB 2320: county seals; approval of use (J. Pierce) Ch. 57 • SCM 1006: urging Congress; PILT program; funding (Griffin) Transmitted Did not advance through the process: • HB 2149: state parks; SLIF fund distribution (Borrelli) • Held House Rules • HB 2224: sale of fireworks; counties (Fann) • Failed in House Public Safety, Military and Regulatory Affairs • HB 2531: court-ordered evaluation services; payment (Brophy-McGee) • Held Senate Third Read, to pursue an administrative remedy • SB 1271: county liens; abatements (Ward) • Assigned to Senate Government & Environment 13 AACo’s Legislative Agenda Enacted into law: • HB 2005: community colleges; nonresidents; reimbursement (Gowan) Ch. 21 • HB 2287: county treasurer; lien; sale (Lesko) Ch. 205 • SB 1179: constables; prohibited acts (Burges) Ch. 242 • SB 1352: property tax roll; corrections (Worsley) Ch. 249 Did not advance through the process: • HB 2460: probation; community supervision; search; seizure (E. Farnsworth) • Assigned to House Judiciary • SB 1131:county treasurer; liability (Griffin) • Held Senate Rules • SB 1178: special detainer actions; landlord; tenant (Burges) • Held House Commerce • SB 1470: superior court clerks; salaries (Driggs) • Assigned Senate Government & Environment; Appropriations 14 Other County Partner Initiatives CSA supported other partners efforts, including: • HB 2027: golf carts; NEVs; passing; driving (Lesko) Ch. 23 • Maricopa County • HB 2126: municipal annexation; municipal primary elections (Pratt) Ch. 256 • League of Arizona Cities & Towns, Town of Gilbert • HB 2148 municipalities; counties; transfer; right-of-way (Borrelli) Ch. 134 • Maricopa County • HB 2166: PSPRS contributions; county employers (Orr) Ch. 202 • Pima County • HB 2225: county medical examiner; autopsies; images (Fann) Ch. 88 • Maricopa County • HB 2523: projects; water supply development (Barton) Ch. 212 • La Paz County • SB 1035: special health care districts; reimbursement (Melvin) Ch. 65 • Maricopa County • SB 1255: county transportation excise tax (Shooter) Held, House Ways & Means • Yuma County 15 CSA Reactive Advocacy Criminal Justice General Government -Public building accessibility & weapon possession -Preemption of local control regarding land use -Establishment of Veterans’ courts -Annexation amendments -Establishment of mental health courts -Regulatory reform -Expansion of county probation officer duties -Election reform amendments -Sheriffs’ police authority for search & seizure - Public lobbying regulation -County deferred prosecution fund Public Finance & Special Districts -Electricity taxation -County audit deadlines -Tribal TPT revenue sharing -Gas tax revenue distribution -Secondary district levy, debt & expenditure limits -Arizona Fire Districts board composition & management issues Natural Resources Public Health -State policy on wildfire containment & -Food handlers card training and standards prevention -Animal licensing & auditing -Sustainable water & forest management -Implementation of state healthcare reform -Wildlife management -Forced transfers of county wards -Local & state concerns with federal land 16 Legislation Amended by Counties Bills favorably amended, to address county concerns: • HB 2330: municipalities; deannexation; public right-of-way (Livingston) Ch. 146 • HB 2436: food handler training; courses; certification (Shope) Ch. 210 • HB 2530: county dog licensing; temporary license (Brophy McGee) • Held House COW • HB 2640: govt investigations; independent 3rd party (Townsend) • Held Senate Rules • SB 1217: precinct officers; salaries (McCommish) Ch. 113 • SB 1249: dangerous and incompetent defendants; commitment (Driggs) • Assigned House Judiciary, Appropriations • SB 1305: semipublic swimming pool barrier gates (Griffin) Ch. 78 17 Legislation Opposed by Counties CSA opposed the following bills: • HB 2013: counties; flood control districts; rules (Ugenti) • Held House COW • HB 2069: ASRS; political subdivision entities (Ugenti) • Held House Third Read • HB 2093: incapacitated persons; jurisdiction of court (Petersen) S/E Vehicle/ SB 1176 change of venue; guardianship (Crandell) • Held Senate COW • HB 2093: S/E lobbyists; false statement; authorization (Petersen) • Failed Senate COW • HB 2379: special districts; secondary levy limits (Olson) • Held House Rules • HB 2386: special districts; elections; financing; limits (Olson) • Held House Gov. • HB 2448: S/E just compensation; tax credits (Gowan) • Failed Senate Third Read • HB 2594: public construction; business losses; compensation (Allen) • Failed House Gov. 18 Legislation Opposed by Counties (Cont.) CSA opposed the following bills: • SB 1210: municipalities; county park annexation (Griffin) • Assigned Senate Government & Environment • SB 1316: financial reporting; political subdivisions (S. Pierce) • Held Senate Third Read • SB 1357: county boundary change; vote (Griffin) • Assigned Senate Government & Environment • SB 1405: public employee misconduct; civil action (Murphy) • Held Senate Government & Environment ____________________________________________________________ • HB 2339: firearms; permit holders; public places (Barton) Vetoed • HB 2420: county supervisors; pop. threshold; membership (Stevens)Ch. 265 / SB 1483: county supervisors; pop. threshold; membership (Griffin) Vetoed • HB 2483: firearms; private land; lawful discharge (Kavanagh) Ch. 62 19 2014 Summary Incremental progress on financial objectives resulted in $10 million in HURF relief for counties in FY15. • Secured direct county appropriation, projected through 2017 • Session law “flexibility language” • Elevated awareness of growing transportation funding crisis Lawmakers exercising caution when funding new items or addressing cost shifts due to projected structural deficits. • Situation made worse by looming lawsuits (Medicaid Expansion, K-12 inflation) and child welfare crisis Improved operating environment with many new legislators taking an interest in county issues. • Education efforts and relationships paying dividends Major changes on the horizon. • New Executive = New Agenda • New Leaders in 3 of 4 legislative caucuses • Legislative mix? 20 Federal Update • Payment in Lieu of Taxes (PILT) o Maricopa received $3,011,264 in FY 2014 • Waters of the U.S. o Proposed rule* to expand the definition of waters of the U.S. under the Clean Water Act *Comment period extended to October 20, 2014 Payment in Lieu of Taxes (PILT) • PILT was established in 1976 to help offset losses in property tax revenues due to the tax-exempt status of federal land, and to partially reimburse counties for the costs of services provided on, or associated with federal public lands. • In 2008, Congress converted PILT to a mandatory classification and authorized the program through FY2012. In July, 2012, P.L. 112-141 extended mandatory spending for PILT to FY2013. Though a one-year extension of PILT funding was included in the Agriculture Act of 2014, the future of the program remains uncertain. • Maricopa County has 29 percent of it’s jurisdiction occupied by private (taxable) land • Maricopa County received $3,011,264 in PILT payments this year 21 22 Next Steps 23 Next Steps Connect with counties, stakeholders & legislators in preparation for 2015: • CSA county outreach June through August • Managers meetings in June and August • Discuss potential initiatives and strategies Monitor the state & federal fiscal situation: • Federal appropriations processes (PILT, SRS, SCAAP, etc.) • JLBC/OSPB visits to discuss state budget, identify emerging issues Conduct interim research and participate in stakeholder activities, including: • Transportation issues • PSPRS Cost Containment Strategies • Indigent defense costs • Pre-trial inmate health costs • Animal licensing and control practices • Auditor General “county audit” training • Title 36 and court-ordered evaluations • County data collection 24 Policy Development Process • County legislative proposals due to CSA August 15, 2014 • CSA provided template; staff available to assist with evaluation • CSA Board of Directors meeting, September 18, 2014 • CSA Legislative Policy Summit hosted by Yavapai County • Prescott, October 8-10, 2014