ACCOUNTABLE CO. COMMS./EXPAND LOC. BD. AUTH.

View NCGA Bill Details2011-2012 Session
House Bill 438 (Public) Filed Wednesday, March 23, 2011
EXTENDING THE AUTHORITY OF CERTAIN BOARDS OF COUNTY COMMISSIONERS OVER LOCAL BOARDS, AGENCIES, AND COMMISSIONS.
Intro. by McComas

Status: Ch. SL 2012-126 (House Action) (Jun 29 2012)

SOG comments (2):

Compare to S 433

Many of the changes summarized on 6/5/12 are taken from the third edition of S 433. See Jill Moore's 12/21/2011 blog post discussing S 433 and related bills: http://canons.sog.unc.edu/?p=6083

Bill History:

H 438/S.L. 2012-126

Bill Summaries:

  • Summary date: Jul 2 2012 - More information

    AN ACT TO PROMOTE EFFICIENCY AND EFFECTIVENESS IN THE ADMINISTRATION OF HUMAN SERVICES AND TO STRENGTHEN THE LOCAL PUBLIC HEALTH INFRASTRUCTURE BY ESTABLISHING A PUBLIC HEALTH IMPROVEMENT INCENTIVE PROGRAM AND ENSURING THE PROVISION OF THE TEN ESSENTIAL PUBLIC HEALTH SERVICES. Summarized in Daily Bulletin 3/23/11, 6/5/12, 6/6/12, and 6/19/12. Enacted June 29, 2012. Effective June 29, 2012.


  • Summary date: Jun 19 2012 - More information

    Senate amendment makes the following changes to 2nd edition.
    Amendment #2 clarifies in GS 153A-77(a) that a board of county commissioners that assumed control of a local health board after January 1, 2012, and does not delegate powers and duties of that board to a consolidated health services board must appoint an advisory committee. Amends GS 153A-77(e) to also require a human services director to appoint, with the county manager’s approval, a person meeting the specified qualifications of a local health director. Amends GS 153A-76 to also prohibit a board of county commissioners from abolishing or consolidating into a human services agency a public health authority. Removes $5 million allocation to the Division of Public Health for the health improvement incentive program. Makes a conforming change.


  • Summary date: Jun 6 2012 - More information

    Correction: Senate committee substitute to the 1st edition amends proposed GS 130A-34.4 to require a local health department by July 1, 2014, among other requirements, to obtain and maintain accreditation in order to be eligible to receive State and federal public health funding from the Division. The act does not require that the department be accredited and organized as a district health department, a single/multi-county health authority, or a consolidated human service agency.


  • Summary date: Jun 5 2012 - More information

    Senate committee substitute makes the following changes to 1st edition. Deletes the provisions of the 1st edition and changes the title to AN ACT TO PROMOTE EFFICIENCY AND EFFECTIVENESS IN THE ADMINISTRATION OF HUMAN SERVICES AND TO STRENGTHEN THE LOCAL PUBLIC HEALTH INFRASTRUCTURE BY ESTABLISHING A PUBLIC HEALTH IMPROVEMENT INCENTIVE PROGRAM AND ASSURING THE PROVISION OF THE TEN ESSENTIAL PUBLIC HEALTH SERVICES.
    Provides that the provisions of GS 153A-77 (was, subsection (a) of GS 153A-77) apply to certain boards, commissions, and agencies appointed by a board of county commissioners (County Board) or acting under the authority of a Board except as provided in GS 153A-76 (sets out limitations on a Board’s authority to organize county government). Authorizes any County Board to take direct control of activities conducted by certain boards, commissions, and agencies (was restricted to County Boards in coastal counties with a population in excess of 200,000 and other counties with a population in excess of 425,000). Specifies that a County Board that assumes direct control of a local health board and does not delegate the powers and duties of that local board to a consolidated health services board must appoint an advisory committee that is consistent with the membership described in GS 130A-35. Current law authorizes a County Board to create a consolidated county human services agency. Provides that a consolidated county human services board has the authority to carry out the functions of any combination of commissions, boards, or agencies appointed by or acting under the authority of a County Board. Provides that a consolidated human services board that does not exercise the powers and duties of an area mental health, developmental disabilities, and substance abuse services board must include four persons who are consumers of human services. Authorizes a consolidated human services board to perform comprehensive mental health services planning if the county is exercising the powers and duties of an area mental health, developmental disabilities, and substance abuse services board under the consolidated human services board.
    Amends GS 153A-76 to prohibit a County Board from abolishing or consolidating hospital authority assigned to provide public health services under Section 12 of SL 1997-502 into a human service agency. Also places prohibitions on the County Board’s authority to consolidate a public hospital and area mental health, developmental disabilities, and substance abuse board into a human services board.
    Enacts new GS 130A-34.3 to direct the Department of Health and Human Services (DHHS) to establish a Public Health Improvement Incentive Program (Incentive Program). Requires the Incentive Program to supply monetary incentives to create and expand multicounty local health departments that serve a population of 75,000 or more. Directs the Commission for Public Health to adopt rules to implement the Incentive Program.
    Enacts GS 130A-34.4, providing that in order for a local health department to receive state and federal pass through funding, it must be accredited and organized as (1) a district health department, (2) a single/multi-county health authority, or (3) a consolidated human services agency on or before July 1, 2014. Directs counties to maintain local health department funding from ad valorem tax receipts at the levels equal to the appropriated amounts in state fiscal year 2010-2011.
    Amends GS 130A-1.1(b) to rewrite the essential public health services provision of the public health law and codifies ten essential public health services. Directs the local health department to assure that the 10 essential public health services are available and accessible to the population in each county that is served by the local health department.
    Directs DHHS, effective July 1, 2012, to allocate $5 million from the funds appropriated to the Division of Public Health to be used to provide incentives to local health departments via the Incentive Program.
    Directs the Program Evaluation Division of the General Assembly to study the feasibility of transferring the functions, duties, and obligations of the Division of Public Health to the UNC Healthcare System and/or the School of Public Health at UNC and provide a report to the Joint Legislative Program Evaluation Oversight Committee and the Joint Legislative Oversight Committee on Health and Human Services by February 1, 2013.
    Makes technical corrections.


  • Summary date: Mar 23 2011 - More information

    Amends GS 153A-77(f), extending the authority of boards of commissioners over commissions, boards, and agencies in coastal counties with a population over 200,000 and to other counties with a population over 425,000.


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