PAY INCREASES/STATE HIGHWAY PATROL. (NEW)

View NCGA Bill Details2019-2020 Session
House Bill 126 (Public) Filed Wednesday, February 20, 2019
AN ACT AWARDING LEGISLATIVELY MANDATED SALARY INCREASES AND SPECIAL ANNUAL LEAVE TO THE LAW ENFORCEMENT OFFICERS OF THE STATE HIGHWAY PATROL.
Intro. by Murphy, Dobson, Potts, Sasser.

Status: Ch. SL 2019-210 (Aug 30 2019)

SOG comments (3):

Identical bill

Identical to S 210, filed 3/7/19.

Long title change

Senate committee substitute to the 1st edition changed the long title.  Original title was AN ACT AMENDING THE REVISED UNIFORM ANATOMICAL GIFT ACT TO INCLUDE TISSUE DONATION AS PART OF THE DRIVERS LICENSE DONOR AUTHORIZATION.

Long title change

Conference report changed the long title.  Previous title was AN ACT AMENDING CERTIFICATE OF NEED LAWS.

Bill History:

H 126/S.L. 2019-210

Bill Summaries:

  • Summary date: Sep 3 2019 - More information

    AN ACT AWARDING LEGISLATIVELY MANDATED SALARY INCREASES AND SPECIAL ANNUAL LEAVE TO THE LAW ENFORCEMENT OFFICERS OF THE STATE HIGHWAY PATROL. SL 2019-210. Enacted August 30, 2019. Effective July 1, 2019, except as otherwise provided.


  • Summary date: Aug 26 2019 - More information

    Conference report deletes the content of the 4th edition and replaces it with the following. Makes conforming changes to the act's titles.

    Part I.

    Appropriates $3.6 million in recurring funds for 2019-20 and $7.2 million in recurring funds for 2020-21 from the General Fund to the Department of Public Safety (DPS) to award compensation increases to the State Highway Patrol. Specifies that State funds are appropriated for each year of the 2019-21 biennium as agency receipts up to the amounts needed to implement the legislatively mandated salary increases provided in this act for each year of the 2019-21 biennium.

    Part II.

    Effective July 1, 2019, awards a State employee who (1) is a law enforcement officer employed by the State Highway Patrol and (2) was employed in a State-funded position on June 30, 2019, a legislative salary increase of 2.5% in the 2019-20 fiscal year and any salary adjustment otherwise allowed or provided by law. Effective July 1, 2020, awards a State employee who (1) is a law enforcement officer employed by the State Highway Patrol and (2) was employed in a State-funded position on June 30, 2020, a legislative salary increase of 2.5% in the 2020-21 fiscal year and any salary adjustment otherwise allowed or provided by law. Excludes from these raises members of the State Highway Patrol paid according to the experience-based pay schedule established in Part III of the act. Awards the increases in prorated amounts to part-time employees. Specifies that eligible State-funded employees are not prohibited from receiving the full salary increases solely because the employee's salary after applying the increase is above the maximum of the salary range prescribed by the State Human Resources Commission. Excludes from these salary increases any persons separated from service due to resignation, dismissal, reduction in force, death, or retirement or whose last workday is prior to June 30, 2019, for the 2019-20 fiscal year or June 30, 2020, for the 2020-21 fiscal year. Specifies that for 2019-21 payroll checks issued to employees after July 1, 2019, and July 1, 2020, respectively, that represent payment of services provided prior to July 1 of each year are not eligible for salary increases provided for in this act.

    Prohibits funds appropriated in this act from being used to adjust the budgeted salaries of vacant positions, to provide salary increases in excess of those required by NCGA, or to increase the budgeted salary of filled positions to the minimum of the position's respective salary range unless otherwise specifically provided by law.

    Requires any funds appropriated for legislatively mandated salary increases in excess of the amounts required to implement the increases authorized by this act to be credited to the Pay Plan Reserve.

    Requires the Office of State Budget and Management to report to the specified NCGA Commission and Division by May 1, 2020, and May 1, 2021, on the expenditure of funds under this act. Specifies information that must be included in the report. 

    Part III.

    Sets the entry-level annual salary of State Highway Patrol members at $45,100 for 2019-20 and $46,228 for 2020-21.

    Part IV.

    Amends GS 143C-4-9, concerning the Pay Plan Reserve, to require that a specific amount be appropriated to the Reserve to fund statutory and scheduled pay expenses authorized by GS 20-187.6 for troopers of the State Highway Patrol compensated pursuant to an experience-based salary schedule (was, GS 20-187.3 in general). 

    Part V. 

    Awards a one-time additional five days of annual leave credited on July 1, 2019, to any person who is (1) a law enforcement officer employed by the State Highway Patrol on July 1, 2019, and (2) eligible to earn annual leave. Sets out requirements for the accounting for the leave and requires that it remain available during the length of the employee's employment. Awards part-time permanent employees a pro rata amount. Sets out further parameters governing the use and carry forward of the leave.

    Part VI.

    Provides that if any provision of this act and GS 143C-5-4 (enactment deadline; procedures to be followed when the Current Operations Appropriations Act does not become law prior to the end of certain fiscal years) are in conflict, the provisions of this act prevail. Provides that the appropriations and the authorizations to allocate and spend funds set out in this act remain in effect until the Current Operations Appropriations Act for the applicable fiscal year becomes law, at which time that act becomes effective and governs appropriations and expenditures. 

    Part VII.

    Effective July 1, 2019. 


  • Summary date: Jul 23 2019 - More information

    Senate amendments makes the following changes to the 3rd edition.

    Part I.

    Amendment #2 modifies proposed GS 131E-184(i) to more specifically exempt from certificate of need review services or facilities that already have a certificate of need when those services or facilities are replaced, renovated, or relocated to another site in the same county where need was originally determined (previously, did not limit the exemption for relocated sites to sites in the same county only). 

    Part II.

    Amendment #1 makes technical changes to the proposed changes to GS 131E-184(c) to reflect the modifications made to the statute by SL 2019-76. Deletes the language added by SL 2019-76 to subsection (c), in addition to the language previously deleted, maintaining the proposed elimination of the qualifying conditions for the exemption for the certificate of need review for any conversion of existing acute care beds to psychiatric beds.

    Part III.

    Amendment #2 deletes Part III of the act, which amended GS 131E-184, as amended, to require DHHS to exempt from certificate of need review the development, acquisition, construction, expansion, or replacement of a health service or health service facility that obtained certificate of need approval before October 1, 2019, as a kidney dialysis treatment center if the health service or health service facility is located in a county with a population greater than 300,000 (was to be effective three years after this act becomes law).

    Makes conforming organizational changes.


  • Summary date: Jul 15 2019 - More information

    Senate committee substitute deletes the provisions of the 2nd edition and now provides the following.

    Part I.

    Amends GS 131E-176, which sets outs defined terms applicable to Article 9, Certificate of Need. Changes the definition of diagnostic center to mean specified facilities in which the total cost of all the medical diagnostic equipment utilized by the facility which costs $10,000 or more exceeds $1.5 million (was, $500,000). Modifies the term major medical equipment to mean a single unit or system of use to provide medical and other health services which costs more than $2 million (was, $750,000); provides that beginning September 30, 2022, and annually thereafter, the cost threshold set forth is to be adjusted using the Medical Care Index component of the CPI as specified. Modifies the term new institutional health services to include the obligation of any person of a capital expenditure exceeding $4 million (was, $2 million) to develop or expand a health service or a health service facility or which relates to the provision of health service. Makes further technical, clarifying, and conforming changes.

    Amends GS 131E-184, which provides exemptions from certificate of need review if certain conditions are met, making conforming changes to subsections (e) and (g) to reflect the now $4 million capital expenditure threshold set forth in GS 131E-176, as amended, related to new institutional health services.  Additionally, requires the Department of Health and Human Services (DHHS) to exempt from certificate of need review the replacement, renovation, or relocation of services or facilities that already have a certificate of need.

    Amends GS 131E-189, deeming a certificate of need for the construction of a health service facility to expire if the holder of the certificate fails to initiate construction of the project authorized by the certificate of need within (1) four years, for projects that cost over $50 million or (2) two years, for projects that cost $50 million or less. Further, establishes that a certificate of need that has not been used at any point in the immediately previous 12 months will expire. 

    Amends GS 131E-147 to require all initial applications and renewal applications for a certificate of need to state the number of procedure rooms on, and the number and type of procedures performed at, the premises named in the application.

    Effective January 1, 2020.

    Part II.

    Further amends GS 131E-176, removing psychiatric facility and chemical dependency treatment facility from the definition of health service facility and health service facility bed. Further amends the definition of the term new institutional health services to no longer include the conversion of a specialty ambulatory surgical program to a multispecialty ambulatory surgical program or the addition of a specialty to a specialty ambulatory surgical program. 

    Further amends GS 131E-184 to eliminate the conditions set forth to qualify for the exemption for the certificate of need review for any conversion of existing acute care beds to psychiatric beds, now providing for a blanket exemption. Adds new subsection (j) to require DHHS to exempt from certificate of need review the development, acquisition, construction, expansion, or replacement of a health service facility or health service that obtained certificate of need approval prior to October 1, 2019, as a psychiatric facility or a chemical dependency treatment facility. Adds new subsection (k) to require DHHS to exempt from certificate of need review the establishment of a home health agency by a licensed continuing care retirement community to provide home health care services to one or more residents of the retirement community who have entered into a contract with the retirement community to receive continuing care services with lodging. Requires the continuing care retirement community to obtain a certificate of need if developing or offering services to any individual not a resident of the retirement community under a contract to receive continuing care services with lodging. Explicitly does not exempt from the State's home health agency licensure and certification requirements a continuing care retirement community that has been exempted from certificate of need review for the provision of home health services to one or more residents pursuant to new subsection (k). Provides that new subsection (k) applies to continuing care retirement communities engaged in the direct provision of home health services 18 months after the act becomes law.

    Amends Section 12F.4(b) of SL 2016-94, which requires the DHHS Secretary to select hospitals in the three State regions for institutional services to receive funds from the Dorthea Dix Hospital Property Fund for the construction or conversion of short-term, inpatient behavioral health beds in rural areas. Modifies the conditions of hospital funding, now requiring each selected hospital to reserve at least 25%, rather than 50%, of the constructed or converted beds for purchase by DHHS under the State-administered, three-way contract, and referrals by local management entities/managed care organizations for individuals who are indigent or Medicaid recipients. Maintains the remaining requirements and limitations.

    Effective 18 months after the date the act becomes law. 

    Part III.

    Amends GS 131E-184, as amended, to require DHHS to exempt from certificate of need review the development, acquisition, construction, expansion, or replacement of a health service or health service facility that obtained certificate of need approval before October 1, 2019, as a kidney dialysis treatment center if the health service or health service facility is located in a county with a population greater than 300,000. Effective three years after this act becomes law.

    Part IV.

    Includes a severability clause.


  • Summary date: Jun 27 2019 - More information

    Senate committee substitute deletes the provisions of the 1st edition and now provides the following.

    Part I.

    Amends GS 131E-176, which sets outs defined terms applicable to Article 9, Certificate of Need. Amends bed capacity to specify space used exclusively for inpatient care at a health care facility. Changes the definition of diagnostic center to mean specified facilities in which the total cost of all the medical diagnostic equipment utilized by the facility which costs $10,000 or more exceeds $1.5 million (was, $500,000). Modifies terms throughout to remove reference to "psychiatric facilities," "kidney disease treatment centers," "intermediate care facilities for the mentally retarded," and "chemical dependency treatment facilities." Amends health service facility to exclude a licensable facility as defined in GS 122C-3(14)b. Modifies the term major medical equipment to mean a single unit or system of use to provide medical and other health services which costs more than $2 million (was, $750,000); provides that beginning September 30, 2022, and annually thereafter, the cost threshold set forth is to be adjusted using the Medical Care Index component of the CPI as specified. Changes the terminology to "intermediate care facility for individuals with intellectual disabilities" (was, mentally retarded). Modifies the term new institutional health services to include the obligation of any person of a capital expenditure exceeding $4 million (was, $2 million) to develop or expand a health service or a health service facility or which related to the provision of health service. Makes further technical, clarifying, and conforming changes.

    Amends GS 131E-177 to prohibit the Department of Health and Human Services (DHHS) from including policies or need determinations that limit the number of operating rooms in gastrointestinal endoscopy rooms in developing a State Medical Facilities Plan. Makes further technical and clarifying changes.

    Makes conforming changes to GS 131E-183, GS 131E-184, and GS 131E-186 to eliminate requirements related to certificates of need and review for ambulatory surgical facilities, psychiatric facilities, and intermediate care facilities for the mentally retarded.

    Further amends GS 131E-184 regarding exemptions from certificate of need review. Adds new subsection (i) to require DHHS to exempt from certificate of need review the development, acquisition, construction, expansion, or replacement of a health service facility or health service that obtained certificate of need approval prior to October 1, 2019, as: a kidney dialysis disease treatment, including freestanding hemodialysis units; a chemical dependency treatment facility; intermediate care for individuals with intellectual disabilities; psychiatric facility; or any other licensable facility, as defined. 

    Adds new subsection (j) to require DHHS to exempt from certificate of need review the establishment of a home health agency by a licensed continuing care retirement community to provide home health care services to one or more residents of the retirement community who have entered into a contract with the retirement community to receive continuing care services with lodging. Requires the continuing care retirement community to obtain a certificate of need if developing or offering services to any individual not a resident of the retirement community under a contract to receive continuing care services with lodging. Explicitly does not exempt from the State's home health agency licensure and certification requirements a continuing care retirement community that has been exempted from certificate of need review for the provision of home health services to one or more residents pursuant to new subsection (j). Provides that new subsection (j) applies to continuing care retirement communities engaged in the direct provision of home health services on or after October 1, 2019.

    Enacts GS 131E-189(d) deeming a certificate of need for the construction of a health service facility to expire if the holder fails to initiate construction of the project authorized within (1) four years for a project that costs over $50 million and (2) two years for a project that costs $50 million or less.

    Makes conforming repeals in GS 131E-175 (legislative findings).

    Effective October 1, 2019.

    Part II.

    Enacts GS 131E-147 to require applications for an initial or renewal license for a ambulatory service center to state the number of procedure rooms on, and the number of procedures performed at, the premises named in the application.

    Further amends GS 131E-176 to remove from the conversion of a specialty ambulatory surgical program to a multispecialty ambulatory surgical program, or the addition of a specialty to a specialty ambulatory surgical program, from the definition of new institutional health services.

    Effective January 1, 2020.

    Part III.

    Provides a severability clause.

    Makes conforming changes to the act's titles.


  • Summary date: Feb 20 2019 - More information

    Amends GS 130A-412.7, as the title indicates. Effective October 1, 2019.


Printer-friendly: Click to view