Bill Summary for H 200 (2011-2012)

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Summary date: 

May 26 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 200 (Public) Filed Tuesday, March 1, 2011
Intro. by Brubaker.

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Bill summary

Amendments from the Senate Appropriations Committee meeting on 5/25/11 make the following changes to 5th edition.
Amendment #6 creates new SECTION 7.1A.(d1) directing community colleges to generate budget FTE for instruction provided through Career and College Promise. Makes a conforming change to Section 7.1A.(e).
Amends Section 13.3.(j) to rewrite GS 143-300.8 to also include any local health department sanitarian enforcing rules of the Environmental Management Commission under the supervision of the Department of Health and Human Services as an entity defended by the Attorney General and protected from liability, as specified. Provides that the Department of Health and Human Services must pay any judgment against the sanitarian, or any settlement on its behalf. Amends Section 13.3.(y) by rewriting GS 90A-51 to include milk and dairy sanitation within environmental health practice. Deletes Section 13.10, which concerns well testing. Amends Section 14.12A.(a) to increase funds in 2012-13 that the Department of Commerce must use as provided in the section from $243,187 to $343,187. Deletes Section 31.27C concerning statewide information technology procurement. Makes other technical changes.
Amendment #7 amends Section 6.11.(d) to add a new subsection (b) providing that any monies paid into the North Carolina State Specific Account from the Disputed Payments Account on account of the Non-Participating Manufacturers that would have been transferred to The Golden L.E.A.F., Inc., or to the trust funds established in accordance with (a)(2) of the provision be deposited in the General Fund Account of the Settlement Reserve Fund. Makes conforming change. Creates new SECTION 6.11.(g) providing that 50% of the above referenced monies be transferred to the General Fund Account within the Settlement Reserve Fund.
Creates new SECTION 6.11.(h) directing the Attorney General to notify the court in a specified lawsuit, and other specified parties of the actions set forth by subsection (g). Rewrites GS 143C-9-3 to add new subsection (c1) to establish a General Fund Account in the Settlement Reserve Fund; directs how the General Fund Account is funded, and directs the State Controller to transfer all funds in the General Fund Account to the General Fund.
Amendment #8 creates a new section to read:
SECTION 7.15. Directs the Agricultural Education Program in the Department of Agricultural and Extension Education at North Carolina State University to develop secondary agricultural education curricula (as detailed) and recommend such curricula to the State Board of Education, which must adopt the curricula for inclusion in the Standard Course of Study. Provides for the transfer of a prorated share of funds from all federal Career and Technical Education funds available for state-level usage to the Agricultural Education and FFA Program housed in the Department of Agricultural and Extension Education at North Carolina State University.
Amendment #9 replaces SECTION 8.18.(b) rewriting GS 150B-1 by adding a new subsection to provide that no Article in GS Chapter 150B, except Article 4, applies to the State Board of Community Colleges.
Creates new SECTION 8.18.(b1) which repeals GS 115D-80. Makes technical change to Section 20.1.
Amendment #10 deletes Section 7.22.(g) from the previous edition and replaces it with a new SECTION 7.22.(g), requiring the State Board of Education to direct NCVPS to develop a plan, which it must submit by September 15, 2011, to generate revenue from the sale of courses to out-of-state educational entities. Directs that revenue generated by NCVPS be used to offset instructional costs to local school administrative units and charter schools. Creates new SECTION 7.22.(l), rewriting GS 66-58(c) to provide that the sale by the State Board of Education of NCVPS courses to home schools, private schools, and out-of-state educational entities does not violate the prohibition against the selling of merchandise or services by governmental units.
Amendment #11 amends Section 9.6.(b) to delete the University of North Carolina School of Arts from those entities for which state funds may not be reduced by more than 15% in allocating management flexibility reduction. Amends Section 9.6.(c) to add the following to those entities for which no reduction in state funds may be made in allocating management flexibility reduction: (1) Any special responsibility constituent institution which has the basic type Carnegie classification of “Special Forces Institution” and (2) Any special responsibility constituent institution which has the basic type Carnegie classification of “Baccalaureate-Arts and Science” and which has a total undergraduate and graduate fall 2010 FTE enrollment that exceeds 3.250 FTE.
Amendment #12 amends Section 10.35.(b) to remove the term “owned and operated” when referring to state hospitals.
Amendment #13 creates the following new section:
SECTION 10.49A. Provides, effective July 1, 2011, and for a period of three years, the Department of Health and Human Services (DHHS) may not issue any licenses for home care agencies as defined in GS 131E-136(2) that intend to offer in-home aide services. Provides DHHS is not restricted from issuing licenses to certified home health agencies as defined in GS 131E-176(12) that intend to offer in-home aid services, or to agencies that need a new license for an existing home care agency being acquired. Provides certain exceptions to the provisions.
Amendment # 14 amends Section 10.11.(d) to provide additional specifications the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services must review when reducing the Community Service Fund by $25 million for the 2011-12 fiscal year as directed by the section.
Amendment #15 amends Section 10.16 to direct that the Secretary of the Department of Health and Human Services eliminate up to 250 full time equivalent positions that have been vacant since July 1, 2010.
Amendment #16 creates new SECTION 10.47.(e) directing the Department of Health and Human Services (Department), in collaboration with Community Care of North Carolina and Local Management Entities (LMEs), to ensure the effective integration of behavioral health and physical health services for Medicaid recipients. Directs the Department to amend contracts between the Department and LMEs and between the Department and Community Care of North Carolina to include effectiveness measures regarding data sharing, roles and responsibilities, best practices, and budgetary savings to address integration and collaboration of behavioral and physical health.
Amendment #19 amends Section 11.7 to direct the Department of Agriculture and Consumer Services to reclassify one (previously three) vacant positions within the Department. Makes conforming change to section title.
Amendment #20 amends Section 13.26.(c) to include land acquisition and conservation easements to those items certain monies from the Clean Water Management Trust Fund may be used for. Makes a conforming change.
Amendment #21 amends Section 13.25.(c) by rewriting GS 143A-65.1 to include care of the State recreational forests to those duties charged to the Department of Agriculture and Consumer Services. Makes technical and conforming changes to Section 13.25.(i) and Section 13.25.(o). Amends Section 13.25.(o) to create new GS 106-857 designating DuPont State Forest as a State Recreational Forest (Forest). Details how and for what purpose the Department must manage the Forest; directs the Department to adopt a land management plan for the Forest; provides under what circumstance, the Department may cut and remove timber with respect to the Forest; how the Department may sell, lease or exchange Forest property; and how the department may acquire lands adjacent to the Forest. Provides for the construction of public facilities and allows for the collection of reasonable fees for hunting or fishing in the forest. Allows the Department to grant private individuals or companies concessions for operation and management of the forest. Directs the Department to adopt rules for operation and management of the forest in consultation with interested parties. Details reporting requirements.
Amendment #22 creates the following new section:
SECTION 13.25A. Directs DENR to transfer at least four central business office staff of DENR to the Department of Agriculture and Consumer Services. Provides details regarding such transfers. Directs the Attorney General to continue providing legal counsel and support to the Division of Forest Resources and Division of Soil and Water Conservation (collectively, the Divisions) after these Divisions are transferred from DENR to the Department of Agriculture and Consumer Services. Allows office staff from the Divisions to occupy current office space after such transfer. Directs DENR and the Department of Agriculture and Consumer Services to enter into a memorandum of understanding concerning the sharing of existing databases and any software programs affected by the transfer of the Divisions to assure the uninterrupted continuation of services during and after the transfer of the Divisions.
Amendment #23 amends Section 14.16.(a) to increase the allocation to Water/Sewer/Business Development Matching Grants from $662,960 per fiscal year to $1,064,712 per fiscal year; makes a conforming change.
Amendment #25 amends Section 24.1. by rewriting GS 150B-21.24, requiring the Codifier of Rules to make the North Carolina Administrative Code available on the Internet at no charge.
Amendment #27 creates the following new section:
SECTION 29.22A. Details the reporting requirements regarding position eliminations for the Office of State Personnel, Administrative Office of the Courts, the Legislative Services Officer, the Department of Public Instruction, the North Carolina Community College System, and the University of North Carolina.

H 242. NAT. GAS/BONDS/FEES/STUDIES. Filed 3/7/11. House committee substitute makes the following changes to 2nd edition.
Amends GS 113-395 to increase the well drilling permit fee to $3,000 (was, $1,500) per well. Directs the Department of Environment and Natural Resources (DENR) to report the findings and recommendations from its study on oil and gas exploration and the use of directional and horizontal drilling and hydraulic fracturing to the Environmental Review Commission by February 1, 2012 (was, September 1, 2011). Expands and clarifies issues to be included in the study. Appropriates $100,000 from the General Fund to DENR for 2011-12 to complete the study and required public hearings. Makes clarifying changes, and conforming changes to the bill title.