The Daily Bulletin: 2011-02-10

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The Daily Bulletin: 2011-02-10

PUBLIC/HOUSE BILLS
H 3 (2011-2012) EXCLUSIONARY RULE/GOOD FAITH EXCEPTION Filed Jan 26 2011, TO PROVIDE FOR THE ADOPTION OF THE GOOD FAITH EXCEPTION TO THE EXCLUSIONARY RULE INTO STATE LAW.

House amendment makes the following changes to 2nd edition. Provides that the act applies to all hearings or trials commencing on or after July 1, 2011 (was, commencing on or after the act’s effective date). Retains the provision that the act is effective when it becomes law.

Intro. by Stam, Ingle, Faircloth.
H 69 (2011-2012) HONOR IRENE PACE HAIRSTON. Filed Feb 20 2011, HONORING THE LIFE AND MEMORY OF IRENE PACE HAIRSTON, FORSYTH COUNTY EDUCATOR AND CIVIC LEADER.

As title indicates.

Intro. by Womble, Parmon.HOUSE RES
H 70 (2011-2012) COMPENSATE EUGENICS STERILIZATION SURVIVORS. Filed Feb 10 2011, TO PROVIDE MONETARY COMPENSATION TO PERSONS STERILIZED BY THE EUGENICS STERILIZATION PROGRAM.

Creates a process to compensate individuals who were sterilized between 1929 and 1975 under the NC eugenics sterilization program. Requires that a verifiable claim for compensation be submitted to the Department of Health and Human Services (DHHS) by June 30, 2014. Requires DHHS to determine eligibility, provide notice by mail to claimants, and adopt procedural rules related to submitted claims. Sets compensation for an eligible claim at $20,000 to be issued by the State Treasurer upon notification of an eligible claim by DHHS. Establishes the Eugenics Sterilization Compensation Fund, on deposit with the State Treasurer, and prohibits any funds from reverting until all verified claims are paid. Allows the State Treasurer to invest funds in the same manner as other state money, subject to oversight by the State Auditor.
Appropriates $18,480,000 for 2011-12 from the General Fund to the State Treasurer to fund the Eugenics Sterilization Compensation Fund. Also appropriates $165,000 for 2011-12 from the General Fund to DHHS to administer the processing of claims. Includes whereas clauses.
Effective July 1, 2011.

Intro. by Womble, Parmon.APPROP
H 71 (2011-2012) HOUSING FUNDS FOR INDIV. WITH DISABILITIES. Filed Feb 10 2011, TO APPROPRIATE FUNDS TO INCREASE THE AVAILABILITY OF HOUSING OPTIONS FOR NORTH CAROLINIANS WITH DISABILITIES, BASED ON RECOMMENDATION 3.2 FROM THE NORTH CAROLINA INSTITUTE OF MEDICINE TASK FORCE ON THE CO-LOCATION OF DIFFERENT POPULATIONS IN ADULT CARE HOMES, AND AS RECOMMENDED BY THE NORTH CAROLINA STUDY COMMISSION ON AGING.

Appropriates $10 million for 2011-12 and $10 million for 2012-13 from the General Fund to the North Carolina Housing Finance Agency for the North Carolina Housing Trust Fund. Effective July 1, 2011.

Intro. by Weiss, Farmer-Butterfield, Earle, Pierce.APPROP
H 72 (2011-2012) COMMUNITY COLLEGE INVESTMENT FLEXIBILITY. Filed Feb 10 2011, GRANTING COMMUNITY COLLEGES ADDITIONAL FLEXIBILITY WITH REGARD TO INVESTMENTS.

Amends GS 115D-58.6 to separate into Deposits and Investments the provision regulating the investment of idle cash by community colleges. Requires that monies be invested to county governments pursuant to GS 159-30(c) (idle fund investment by local governments), or in any form established or managed by an investment advisor who is a member of the Securities Investor Protection Corporation and is registered and in good standing with either the Securities and Exchange Commission or the North Carolina Secretary of State, Securities Division. Allows the investment securities listed in GS 159-30(c) to be bought, sold, or traded by community colleges. Makes conforming changes. Effective July 1, 2011.

Intro. by Crawford.GS 115D
H 73 (2011-2012) EUGENICS PROGRAM—SUPPORT AND EDUCATION. Filed Feb 10 2011, TO PROVIDE COUNSELING BENEFITS TO EUGENICS SURVIVORS, TO DIRECT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ESTABLISH A DATABASE OF EUGENICS PROGRAM PARTICIPANTS AND VERIFY THE STATUS OF PERSONS CONTACTING THE STATE TO DETERMINE THEIR PARTICIPATION IN THE STATE PROGRAM, TO DIRECT THE STATE BOARD OF EDUCATION TO INCLUDE INFORMATION ABOUT THE PROGRAM IN ITS K 12 HISTORY CURRICULUM, TO DIRECT THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA TO DIRECT APPROPRIATE FACULTY AND STUDENTS TO CONDUCT INTERVIEWS WITH SURVIVORS, TO RECOMMEND CREATION OF AN ETHICS TRAINING MODULE FOR STATE, COUNTY, AND LOCAL GOVERNMENT EMPLOYEES, AND TO DIRECT THE DEPARTMENT OF CULTURAL RESOURCES TO DIGITIZE EXISTING RECORDS FOR PRESERVATION AND STUDY PURPOSES.

Directs the Department of Health and Human Services (DHHS) to develop a proposal for providing behavioral health counseling services to confirmed survivors of the NC Eugenics Sterilization Program (Program) and report its recommendations and legislative proposals to the Legislative Study Commission on Mental Health, Developmental Disabilities, and Substance Abuse Services when or before the 2012 Regular Session of the 2011 General Assembly convenes.
Instructs DHHS to create a verification database of individuals ordered to be sterilized under the Program, which will be developed in four phases in conjunction with the Department of Cultural Resources (DCR). States that database records are confidential and not subject to disclosure under GS 132-6(a). Appropriates $38,648 for 2011-12 from the General Fund to DHHS to administer the creation of the database and the counseling services proposal. Makes the appropriation effective July 1, 2011.
Requires DHHS to compare the names and identifying information collected by the Office of Minority Health with those entered into the database and to notify verified program participants of their status as soon as possible. Directs DHHS to report on the progress of the database to the Joint Legislative Commission on Governmental Operations (Commission) by the time the 2012 regular session convenes.
Requires DHHS to use available funds to conduct an outreach campaign to identify survivors through means including news releases, public announcements, and joint efforts with relevant interest groups and agencies. Directs DHHS to report on its progress to the Commission by the time the 2012 regular session convenes.
Directs the State Board of Education to include information about the Program in its existing K-12 history curriculum. Requires the Board of Education to report on its progress to the Joint Legislative Education Oversight Committee (Committee) by the time the 2012 regular session convenes.
Requires the UNC Board of Governors to direct its students and faculty with appropriate expertise to interview and document experiences of Program survivors to share with future generations. Requires the Board of Governors to report on its progress to the Committee by the time the 2012 regular session convenes.
Requires the Office of State Personnel to create an ethics training module to educate state, county, and local government employees on issues relating to ethics and human rights.
Directs DCR to create digitized copies of all records currently in the State Archives related to the Program, and to make those copies available for research, while maintaining participants’ confidentiality. Makes the directive subject to the availability of funds, and requires DCR make every effort to secure philanthropic grant funding for the preservation project.
Includes whereas clauses.

Intro. by Womble, Parmon.APPROP
H 74 (2011-2012) CASTLE DOCTRINE. Filed Feb 10 2011, TO PROVIDE WHEN THE USE OF FORCE OR THE USE OF DEADLY FORCE IS JUSTIFIABLE IN DEFENSE OF SELF, OTHERS, OR ONE'S HOME OR VEHICLE, OR IN PREVENTING THE COMMISSION OF A FORCIBLE FELONY, AND TO PROVIDE IMMUNITY FROM CRIMINAL PROSECUTION AND CIVIL ACTION IN THOSE CIRCUMSTANCES.

Repeals GS 14-51.1 (use of deadly force against an intruder) and enacts new Article 62, Justifiable Use of Force, to GS Chapter 14 providing that a person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to self or another when using defensive force that is intended or likely to cause death or great bodily harm to another if both of the following apply: (1) the person against whom the force was used was in the process of unlawfully and forcefully entering, or had so entered, a dwelling, residence, or occupied vehicle, or had removed or attempted to remove another against that person’s will and (2) the person using the deadly force knew or had reason to believe that such unlawful and forcible entry or removal had occurred.
The presumption does not apply if (1) the person against whom the force was used had a right to be in the dwelling, residence, or vehicle and there is not a protective or no contact order against that person; (2) the person removed or sought to be removed is a child or grandchild or is otherwise under lawful custody or guardianship of the person against whom the defensive force is used; (3) the person using the force is engaged in a forcible felony (as defined in the proposed Article 62) or using the dwelling, residence, or occupied vehicle to further a forcible felony; or (4) the person against whom the force is used is a law enforcement officer acting in the lawful performance of the officer’s official duties and who has made known his or her status as a law enforcement officer or the person using force should have known the individual was an officer.
Provides that a person who is attacked while in any other place that the person has a right to be and who is not engaged in an unlawful activity (1) does not have a duty to retreat and (2) has the right to stand his or her ground and meet force with force, including deadly force if the person reasonably believes that it is necessary to do so to prevent death or great bodily harm to that person or another person.
Provides that a person who unlawfully and by force enters or attempts to enter another’s dwelling, residence, or occupied vehicle is presumed to be doing so with intent to commit an unlawful act involving force or violence.
Permits the use of force in defense of others. Prohibits the use of deadly force in the defense of others unless the person acting in defense of others reasonably believes that deadly force is necessary to prevent the imminent commission of a forcible felony.
Provides immunity from criminal prosecution and civil action for a person using justifiable force as defined in proposed Article 62 of GS Chapter 14. States that a person who is justified in the use of force may not be prosecuted criminally or civilly.
Prohibits the use of the defense of justifiable force if the person seeking to use the defense is (1) attempting to commit, committing, or escaping after the commission of a forcible felony or (2) initially provoked the use of force against him or her. Provides exceptions if the person who initially provoked the use of force reasonably believes that he or she is in imminent danger of death or great bodily harm and has exhausted every reasonable means of escape, or the person withdraws in good faith from physical contact with the assailant and clearly indicates that he or she wishes to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.
Provides that the use of justifiable force is a defense to civil actions for damages for personal injury or wrongful death or for injury to property. Provides criteria for establishing this defense. Additionally provides that a losing party in civil actions where a party prevails based on the defense created in proposed Article 62 may lose privileges provided at the correctional facility where the losing party is incarcerated at the discretion of the court. Also provides for awarding attorneys’ fees to the prevailing party.
Provides that a law enforcement officer is not liable in any civil or criminal action arising out of the use of any less-lethal munition in good faith during and within the scope of the officer’s official duties.
Defines terms as used in the proposed new section.
Effective December 1, 2011, and applies to offenses committed on or after that date. Provides that prosecutions for offenses committed before the effective date are not abated or affected by this act and the statutes that would be applicable to such offenses were it not for this act remain applicable to those prosecutions.

Intro. by Hilton, Randleman, Cleveland, R. Brown.GS 14
H 75 (2011-2012) REPORT OF TRANSFER OF CAP-MR/DD UR TO LMES. Filed Feb 10 2011, TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO REPORT ON THE IMPLEMENTATION OF UTILIZATION REVIEW BY DESIGNATED LOCAL MANAGEMENT ENTITIES FOR SERVICES PROVIDED UNDER THE COMMUNITY ALTERNATIVES PROGRAM FOR PERSONS WITH MENTAL RETARDATION OR DEVELOPMENTAL DISABILITIES, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES.

As titles indicates. Directs the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services of the Department of Health and Human Services to report to specified entities by September 1, 2012, on the implementation of utilization review by designated local management entities (LMEs) for services provided under the CAP-MR/DD Medicaid waiver. Requires the report to include: (1) a comparison of the costs associated with transferring the utilization review function to four designated LMEs against the costs associated with maintaining the current statewide vendor contract for utilization review; (2) information on the number of CAP-MR/DD recipients who received utilization review services from the four designated LMEs between January 1, 2011, and January 1, 2012; and (3) a description of accountability measures used by the four designated LMEs to ensure utilization review decision accuracy.

Intro. by Earle, Farmer-Butterfield, M. Alexander, Brisson.UNCODIFIED
H 76 (2011-2012) REVISE DD WAITING LIST PROCESS. Filed Feb 10 2011, TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO STUDY AND REPORT ON A REVISED PROCESS FOR COLLECTING DATA TO DEVELOP A WAITING LIST OF PERSONS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES.

As title indicates. Directs the Department of Health and Human Services (DHHS) to report to the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services (Committee) by September 1, 2011. Requires the revised process to ensure the following: (1) a simple, nonduplicated count of children and adults who are waiting for federally and state-funded services; (2) a research-based waiting list that accurately reflects the number of individuals waiting for services currently available in the state; and (3) data showing the number of individuals who are potentially eligible to receive services under the CAP-MR/DD waiver.
Directs DHHS to make annual reports to the Committee, beginning September 30, 2012, on the waiting list data collected from each local management entity, including an analysis of service gaps and plans to address those gaps.

Intro. by Earle, Farmer-Butterfield, M. Alexander, Brisson.STUDY
H 77 (2011-2012) APPLY FOR TBI MEDICAID WAIVER. Filed Feb 10 2011, TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO APPLY FOR A TRAUMATIC BRAIN INJURY MEDICAID WAIVER, AS RECOMMENDED BY THE LEGISLATIVE OVERSIGHT COMMITTEE ON MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES.

Requires the Department of Health and Human Services (DHHS), in consultation with the NC Traumatic Brain Injury Council, to apply for a waiver from the Centers for Medicare and Medicaid Services to allow individuals who sustain traumatic brain injuries to access home and community based Medicaid services. Prohibits DHHS from submitting the application unless the General Assembly identifies a sufficient funding source to provide the match for the waiver from state appropriations earmarked for persons with traumatic brain injury.

Intro. by Insko.UNCODIFIED
H 78 (2011-2012) EVALUATE EFFICACY OF CABHA MODEL. Filed Feb 10 2011, TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO EVALUATE AND REPORT SEMIANNUALLY ON THE EFFICACY OF THE CRITICAL ACCESS BEHAVIORAL HEALTH AGENCY MODEL, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES.

Directs the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services of the Department of Health and Human Services (Division) to report by July 1, 2011, to the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services (Committee) on the criteria and processes used by the Division to evaluate the fiscal, organizational, and programmatic efficacy of implementing the Critical Access Behavioral Health Agency (CABHA) provider agency model.
Directs the Division to report to the Committee semiannually, beginning October 1, 2011, on the efficacy evaluations.

Intro. by Insko.STUDY
H 79 (2011-2012) REPORT ON MH SERVICES PROVIDED BY HOSP. ERS. Filed Feb 10 2011, TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO REPORT ON THE UTILIZATION OF HOSPITAL EMERGENCY DEPARTMENTS BY INDIVIDUALS DIAGNOSED WITH MENTAL ILLNESS AND TO DEVELOP A COMPREHENSIVE PLAN FOR REDUCING THE LENGTH OF STAYS FOR INDIVIDUALS WITH MENTAL ILLNESS ADMITTED TO HOSPITAL EMERGENCY DEPARTMENTS, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES.

Directs the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services of the Department of Health and Human Services to report, as title indicates, by September 1, 2011. Requires that the report include a comprehensive statewide analysis of the number of times, between January 1, 2011, and June 30, 2011, that individuals diagnosed with a mental illness utilized hospital emergency departments, as detailed, and a plan for reducing the length of stay for those individuals.

Intro. by Insko.STUDY
H 80 (2011-2012) EVIDENCE-BASED PRACT. IN PSYCH. HOSPITALS. Filed Feb 10 2011, TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO REPORT ON THE PROGRESS TOWARD IMPLEMENTING AND UTILIZING UNIFORM EVIDENCE-BASED PRACTICES ACROSS ALL STATE PSYCHIATRIC HOSPITALS, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES.

As title indicates. Requires that the report be submitted by September 1, 2011, and annually thereafter, to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services.

Intro. by Inkso.UNCODIFIED
H 81 (2011-2012) DEVELOP PLAN FOR ALLOCATING DD RESOURCES. Filed Feb 10 2011, TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO DEVELOP A COMPREHENSIVE STATEWIDE PLAN FOR THE FAIR AND EQUITABLE ALLOCATION OF RESOURCES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES; TO REPORT ON IMPLEMENTATION OF THE PLAN; AND TO APPLY FOR RENEWEL OF THE CAP-MR/DD WAIVER, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES.

Directs the Department of Health and Human Services (DHHS), Division of Mental Health, Developmental Disabilities, and Substance Abuse Services to report, as title indicates, to specified entities by July 1, 2011. Requires that the comprehensive statewide plan include the following: (1) a resource allocation model based on results of the Supports Intensity Scale (SIS) or another valid assessment tool, provided the assessment tool satisfies listed criteria and (2) a standardized formula to use the assessment tool data to determine eligibility for type, degree, and array of services, as detailed.
Directs DHHS to begin implementing the statewide plan by January 1, 2012, and to achieve full implementation by July 1, 2013. Requires DHHS to report to listed entities on the plan's status beginning October 1, 2011, and every six months thereafter.
Directs DHHS to renew the CAP-MR/DD waiver with the two tiers currently in operation. Authorizes DHHS to apply for additional tiers, subject to approval by the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services.

Intro. by Insko.STUDY
H 82 (2011-2012) FUNDS FOR STEP-DOWN UNIT FOR BART PROGRAM. Filed Feb 10 2011, TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO IDENTIFY AND REPORT ON FUNDING AVAILABLE FOR THE ESTABLISHMENT OF A STEP-DOWN UNIT FOR THE BEHAVIORALLY ADVANCED RESIDENTIAL TREATMENT PROGRAM, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES.

Requires the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services (Division), in consultation with the Murdoch Developmental Center, to identify funding sources available to establish a unit for step-down services from the Behaviorally Advanced Residential Treatment Program. Requires the Division to report on its progress by October 1, 2011, and quarterly thereafter until the unit is established, to the Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services.

Intro. by Insko.UNCODIFIED
H 83 (2011-2012) MODIFY MHDDSAS REPORTING REQUIREMENTS. Filed Feb 10 2011, TO MODIFY DEPARTMENT OF HEALTH AND HUMAN SERVICES REPORTING REQUIREMENTS PERTAINING TO MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES.

Requires the Department of Health and Human Services (DHHS) to submit the following reports to the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services (Committee): (1) by September 1, 2011, a report that summarizes data for the one-year period preceding the date of the report regarding the deaths of clients of a state facility that primarily provides services for the care, treatment, habilitation, or rehabilitation of persons with a mental illness, developmental disability, or substance abuse disorder and if known, the deaths of former clients of a state facility who died within 14 days of discharge from the facility and (2) annually, beginning January 1, 2011, a report on a strategic plan for organizing state and local resources to fund services to persons with a mental illness, developmental disability, or substance abuse disorder.
Amends Section 10.19A(c) of SL 2009-451 to require DHHS to submit the results of the quarterly reports from Local Management Entities to the Committee, the House of Representatives Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Fiscal Research Division annually beginning on or before May 1, 2011 (was, report due only on May 1, 2010).
Amends GS 143C-9-2(d) to require that beginning October 1, 2011, the Secretary of the Department of Health and Human Services (Secretary) is to include information on the balance of the Trust Fund in the annual report (was, report required to include only the expenditures made during the preceding fiscal year from the Trust Fund) and adds the Committee to the report’s recipients.
Amends GS 122C-102(c) to add three additional state performance measures and to require the Secretary to report on the progress in all of the performance areas to the General Assembly and the Committee every six months, beginning January 1, 2012.

Intro. by Insko.GS 122C, GS 143C
H 84 (2011-2012) EXPAND INPATIENT PSYCHIATRIC BEDS/FUNDS. Filed Feb 10 2011, TO APPROPRIATE ADDITIONAL FUNDS FOR THE EXPANSION OF LOCAL INPATIENT PSYCHIATRIC BEDS OR BED DAYS, AS RECOMMENDED BY THE LEGISLATIVE OVERSIGHT COMMITTEE ON MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES.

Appropriates $39,121,644 from the General Fund to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services (Division) for the 2011-12 fiscal year to purchase 50 additional local inpatient psychiatric beds or bed days. Provides criteria for the distribution and management of the beds or bed days.
Directs that the funds be held in a statewide reserve at the Division and requires Local Management Entities (LME) to remit claims for payment to the Division. Provides criteria governing the responsibilities of the LMEs and the evaluation of an LME’s management of the beds or bed days for which it is responsible. Prohibits the use of the appropriated funds to supplant other funds that are available or otherwise appropriated for the purchase of psychiatric inpatient services under contract with community hospitals, including beds or bed days being purchased through Hospital Utilization Pilot funds appropriated in SL 2007-323. Requires the Department to submit a report no later than March 1, 2011, to specified legislative committees and subcommittees regarding a uniform system for the beds or bed days purchased (1) with local funds, (2) from existing state appropriations, (3) under the Hospital Utilization Pilot, and (4) purchased using funds appropriated under this act.
Effective July 1, 2011.

Intro. by Insko.APPROP
H 85 (2011-2012) EVALUATE DD RESIDENTIAL OPTIONS FOR CHILDREN. Filed Feb 10 2011, TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO EVALUATE AND REPORT ON RESIDENTIAL PLACEMENT OPTIONS FOR YOUNG CHILDREN WITH DEVELOPMENTAL DISABILITIES, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES.

Directs the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services (Division) to review the current congregate residential placements for children from birth to six years old who have a developmental delay, intellectual disability, or developmental disability, including beds transferred from state developmental centers to private intermediate care facilities for individuals with mental retardation. Requires the Division to report to the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services by September 1, 2011, and to include an overview of all services available for the relevant population of children through age six and after age six.

Intro. by Insko.STUDY
H 86 (2011-2012) REPORT ON NC CLUBHOUSE PROGRAMS. Filed Feb 10 2011, TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO REPORT ON THE SERVICES PROVIDED BY THE CLUBHOUSE PROGRAMS IN THIS STATE, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES.

As title indicates. Requires the report to be submitted by September 1, 2011, and enumerates four issues to be included in the report.

Intro. by Insko.UNCODIFIED
H 87 (2011-2012) STUDY ACCIDENT/TICKET 30-DAY NO CONTACT (NEW). Filed Feb 10 2011, TO PROVIDE FOR GOVERNMENT IN THE SUNSHINE BY AMENDING THE NORTH CAROLINA CONSTITUTION.

Subject to approval by the voters at the statewide election on November 6, 2012, adds new Section 6 to Article XIV of the North Carolina Constitution to provide that every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf, unless exempted pursuant to the proposed section. Provides that the constitutional amendment specifically includes the legislative, executive, and judicial branches of the government, and each agency or department created under those branches; local governments, their units and special districts; and every office, board, commission, or entity created pursuant to law or the NC Constitution.
Provides that all meetings of any collegial public body of the executive branch of state government or of local government or special district at which official acts are to be taken or at which public business is to be transacted or discussed, must be open and noticed to the public, unless exempted pursuant to the proposed section. Also provides that meetings of either chamber of the General Assembly must be open and noticed to the public, unless exempted.
States that the section is self-executing; however, the General Assembly may provide by general law for the exemption of records from the requirements. Directs the General Assembly to enact laws governing enforcement of the proposed section. Allows each chamber to adopt rules governing the enforcement in relation to records of that particular chamber and provides further guidelines for exemptions.

States that all laws in effect on January 1, 2013, that limit public access to records or meetings, will remain in force until amended or repealed. Also states that rules of court in effect on January 1, 2013 that limit access to records, will remain in effect until repealed.

Intro. by LaRoque.CONST

The Daily Bulletin: 2011-02-10

PUBLIC/SENATE BILLS
S 59 (2011-2012) HONOR CLAY COUNTY 150TH ANNIVERSARY. Filed Feb 10 2011, HONORING CLAY COUNTY ON ITS ONE HUNDRED FIFTIETH ANNIVERSARY.

As title indicates.

Intro. by Davis.Clay, SENATE RES
S 60 (2011-2012) LUPUS AWARENESS MONTH. Filed Feb 10 2011, DESIGNATING THE MONTH OF MAY OF EACH YEAR AS LUPUS AWARENESS MONTH.

Enacts new GS 103-12 as the title indicates.

Intro. by Robinson.GS 103
S 61 (2011-2012) REWARD AMT/ARREST OF FUGITIVE FROM JUSTICE. Filed Feb 10 2011, TO INCREASE THE REWARD AMOUNT THAT THE GOVERNOR MAY OFFER FOR THE APPREHENSION OF A FUGITIVE FROM JUSTICE OR FOR INFORMATION LEADING TO THE ARREST AND CONVICTION OF A FUGITIVE FROM JUSTICE.

Amends GS 15-53 (Governor may employ agents and offer rewards) and GS 15-53.1 (Governor may offer rewards for information leading to arrest and conviction), as the title indicates, to increase the amounts that may be awarded to an amount not to exceed $100,000 (was, not to exceed $10,000). Further amends the statutes to make the language gender neutral.

Intro. by East.GS 15
S 62 (2011-2012) MAKE UP SNOW DAYS WITH DISTANCE LEARNING. Filed Feb 10 2011, TO ALLOW LOCAL SCHOOL ADMINISTRATIVE UNITS TO MAKE UP SNOW DAYS BY REQUIRING STUDENTS TO COMPLETE LESSONS POSTED ONLINE.

Adds a new subsection (a1) to GS 115C-84.2 to authorize local boards of education to allow students to make up instructional days lost because of inclement weather to make up a maximum of five missed days via distance learning in accordance with a plan approved by the State Board of Education. Provides additional details regarding the operation of the distance learning plan. Makes a conforming change to GS 115C-84.2(a)(1) regarding the school calendar.
Applies beginning with the 2011-12 school year.

Intro. by Mansfield.GS 115C
S 63 (2011-2012) CLARIFY PERMIT REQ. COLLECTION AGENCY E'EE (NEW). Filed Feb 10 2011, TO SPECIFY THAT CERTAIN PERSONS ARE NOT SUBJECT TO THE STATUTES GOVERNING COLLECTION AGENCIES.

Amends GS 58-70-15 to expand the list of persons or entities not subject to the collection agency statutes to include a person, firm, corporation, or association attempting to collect or collecting a debt owed or asserted to be owed or due to another if the collection activity meets one or more of the following criteria: (1) is incidental to a bona fide escrow arrangement, (2) concerns a debt that was originated by such person, (3) concerns a debt that was not in default at the time it was obtained by such person, or (4) concerns a debt obtained by such person as a secured party in a commercial credit transaction. Effective July 1, 2011.

Intro. by Jenkins.GS 58
S 64 (2011-2012) PROHIBIT BOYLSTON CREEK RECLASSIFICATION. Filed Feb 10 2011, TO PROHIBIT THE RULE TO CHANGE THE WATER QUALITY CLASSIFICATION OF BOYLSTON CREEK FROM BECOMING EFFECTIVE.

Identical to H 62, filed 2/9/11.

As title indicates. Prohibits the French Broad River Basin Rule 15A NCAC 02B .0304, adopted by the Environmental Management Commission on March 12, 2009, and approved by the Rules Review Commission on April 16, 2009, from becoming effective. Effective July 1, 2011.

Intro. by Davis.UNCODIFIED

The Daily Bulletin: 2011-02-10

LOCAL/HOUSE BILLS
H 5 (2011-2012) LOCAL DEANNEXATIONS (NEW). Filed Jan 26 2011, TO EXERCISE THE POWER OF THE GENERAL ASSEMBLY UNDER SECTION 2 OF ARTICLE VI OF THE NORTH CAROLINA CONSTITUTION TO FIX THE BOUNDARIES OF CITIES AND GIVE SUCH POWERS TO CITIES AS IT DEEMS ADVISABLE, BY WITHDRAWING THE DELEGATION OF AUTHORITY TO THE CITY OF KINSTON TO MAKE A CERTAIN ANNEXATION.

House committee substitute makes the following changes to 1st edition. Amends the act’s title to correct the reference to the section of the NC Constitution that gives the General Assembly the power to fix boundaries of cities, to Section 1 of Article VII.

Intro. by LaRoque.Lenoir
H 37 (2011-2012) LEXINGTON ANNEXATIONS REPEALED. Filed Feb 3 2011, TO EXERCISE THE POWER OF THE GENERAL ASSEMBLY UNDER SECTION 2 OF ARTICLE VI OF THE NORTH CAROLINA CONSTITUTION TO FIX THE BOUNDARIES OF CITIES AND GIVE SUCH POWERS TO CITIES AS IT DEEMS ADVISABLE BY WITHDRAWING THE DELEGATION OF AUTHORITY TO THE CITY OF LEXINGTON TO MAKE CERTAIN ANNEXATIONS.

House committee substitute makes the following changes to 1st edition. Amends the act’s title to correct the reference to the section of the NC Constitution that gives the General Assembly the power to fix boundaries of cities, to Section 1 of Article VII. Changes the effective date of the act to from and after July 21, 2008 (was, from and after June 30, 2009).

Intro. by R. Brown.Davidson

The Daily Bulletin: 2011-02-10

ACTIONS ON BILLS

Actions on Bills: 2011-02-10

PUBLIC BILLS

H 3: EXCLUSIONARY RULE/GOOD FAITH EXCEPTION

    House: Amend Adopted 1
    House: Passed 2nd & 3rd Reading
    House: Ordered Engrossed

H 16: CHILDREN'S ADVOCACY CENTERS FUNDS

    House: Withdrawn From Com
    House: Re-ref Com On Appropriations

H 18: RESTORE FIREARMS RIGHTS/TECH CORRECTION (NEW).

    House: Passed 2nd & 3rd Reading

H 20: TEXFI CLEANUP FUNDS.

    House: Withdrawn From Com
    House: Re-ref Com On Appropriations

H 27: FORENSIC SCIENCES ACT.

    House: Withdrawn From Cal
    House: Placed On Cal For 2/15/2011

H 46: DEFENSE & SECURITY TECHN. ACCELERATOR FUNDS.

    House: Withdrawn From Com
    House: Re-ref Com On Appropriations

H 50: STATE OF THE STATE SPEECH.

    Ratified
    Ch. Res 2011-1

H 51: PTA PARENTAL INVOLVEMENT/DROPOUT PREV. FUNDS.

    House: Withdrawn From Com
    House: Re-ref Com On Appropriations

H 57: PAYMENTS FOR LIEAP/CIP/UTILITY PAYMENTS ONLY.

    House: Withdrawn From Com
    House: Re-ref Com On Appropriations

H 61: SPEAKER/PRO TEM TERM LIMITS.

    House: Passed 1st Reading
    House: Ref To Com On Judiciary

H 62: PROHIBIT BOYLSTON CREEK RECLASSIFICATION

    House: Passed 1st Reading
    House: Ref To Com On Environment

H 63: FIREARM IN LOCKED MOTOR VEHICLE/ PARKING LOT.

    House: Passed 1st Reading
    House: Ref To Com On Judiciary Subcommittee A

H 64: RESTORE PARTISAN JUDICIAL ELECTIONS.

    House: Passed 1st Reading
    House: Ref To Com On Elections

H 65: NORTH CAROLINA FARMERS FREEDOM PROTECTION ACT.

    House: Passed 1st Reading
    House: Ref To Com On Agriculture

H 69: HONOR IRENE PACE HAIRSTON.

    House: Filed

H 70: COMPENSATE EUGENICS STERILIZATION SURVIVORS.

    House: Filed

H 71: HOUSING FUNDS FOR INDIV. WITH DISABILITIES.

    House: Filed

H 72: COMMUNITY COLLEGE INVESTMENT FLEXIBILITY.

    House: Filed

H 73: EUGENICS PROGRAM—SUPPORT AND EDUCATION.

    House: Filed

H 74: CASTLE DOCTRINE.

    House: Filed

H 75: REPORT OF TRANSFER OF CAP-MR/DD UR TO LMES.

    House: Filed

H 76: REVISE DD WAITING LIST PROCESS.

    House: Filed

H 77: APPLY FOR TBI MEDICAID WAIVER.

    House: Filed

H 78: EVALUATE EFFICACY OF CABHA MODEL.

    House: Filed

H 79: REPORT ON MH SERVICES PROVIDED BY HOSP. ERS.

    House: Filed

H 80: EVIDENCE-BASED PRACT. IN PSYCH. HOSPITALS.

    House: Filed

H 81: DEVELOP PLAN FOR ALLOCATING DD RESOURCES.

    House: Filed

H 82: FUNDS FOR STEP-DOWN UNIT FOR BART PROGRAM.

    House: Filed

H 84: EXPAND INPATIENT PSYCHIATRIC BEDS/FUNDS.

    House: Filed

H 85: EVALUATE DD RESIDENTIAL OPTIONS FOR CHILDREN.

    House: Filed

H 86: REPORT ON NC CLUBHOUSE PROGRAMS.

    House: Filed

H 87: STUDY ACCIDENT/TICKET 30-DAY NO CONTACT (NEW).

    House: Filed

H 88: HONOR CLAY COUNTY'S 150TH ANNIVERSARY.

    House: Filed

S 7: ADD CONTROLLED SUBSTANCES (NEW).

    Senate: Passed 2nd & 3rd Reading

S 9: NO DISCRIMINATORY PURPOSE IN DEATH PENALTY (NEW).

    Senate: Passed 2nd & 3rd Reading

S 13: BALANCED BUDGET ACT OF 2011.

    House: Passed 3rd Reading

S 17: JOINT REGULATORY REFORM COMMITTEE.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

S 51: CHARITABLE SOLICITATIONS/CLARIFY EXEMPTION.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Finance

S 52: UNC BOARD OF GOVERNORS ELECTION.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Select Committee on UNC Board of Governors

S 53: DISAPPROVE CLOSURE OF DOROTHEA DIX HOSPITAL.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Mental Health & Youth Services

S 54: KAPPA ALPHA ORDER SPECIAL PLATE.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Finance

S 57: HABITUAL MISDEMEANOR LARCENY.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Judiciary II

S 58: MODIFY FMAP CUTS (NEW).

    Senate: Passed 1st Reading
    Senate: Ref To Com On Appropriations/Base Budget

S 59: HONOR CLAY COUNTY 150TH ANNIVERSARY.

    Senate: Filed

S 60: LUPUS AWARENESS MONTH.

    Senate: Filed

S 61: REWARD AMT/ARREST OF FUGITIVE FROM JUSTICE.

    Senate: Filed

S 62: MAKE UP SNOW DAYS WITH DISTANCE LEARNING.

    Senate: Filed

S 63: CLARIFY PERMIT REQ. COLLECTION AGENCY E'EE (NEW).

    Senate: Filed

S 64: PROHIBIT BOYLSTON CREEK RECLASSIFICATION.

    Senate: Filed

Actions on Bills: 2011-02-10

LOCAL BILLS

H 5: LOCAL DEANNEXATIONS (NEW).

    House: Reptd Fav Com Substitute
    House: Pursuant Rule 38(b)
    House: Re-ref Com On Finance

H 37: LEXINGTON ANNEXATIONS REPEALED.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Finance

H 66: GREENE COUNTY COMMISSIONERS.

    House: Passed 1st Reading
    House: Ref To Com On Government

H 67: WILSON SCHOOL BOARD.

    House: Passed 1st Reading
    House: Ref To Com On Government

H 68: TAX CERTIFICATION - ADD COUNTIES (NEW).

    House: Passed 1st Reading
    House: Ref To Com On Government

S 55: INCREASE PROPERTY TAX APPEALS EFFICIENCY

    Senate: Passed 1st Reading
    Senate: Ref To Com On Finance

S 56: CHARLOTTE CHARTER/DESIGN-BUILD CONSTRUCTION.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Finance

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