Identical to S 307, filed 3/9/11.
Establishes a Smart Card Pilot Program under the Department of Health and Human Services (DHHS), Program Integrity Unit of the Division of Medical Assistance to do all of the following: (1) authenticate Medicaid recipients at the onset and completion of ach transaction in order to prevent card sharing and other forms of fraud; (2) deny ineligible persons at the point of transaction; (3) authenticate providers of Medicaid services at the point of transaction to prevent phantom billing and other forms of provider fraud; (4) secure and protect the personal identity and information of Medicaid recipients; and (5) reduce the total amount of medical assistance expenditures by reducing the average cost per recipient. Defines the following terms: claim, medical assistance card, multifactor authentication, and point of transaction.
Specifies that the pilot program must run for 12 months and include the following: (1) smart cards (which replace existing medical assistance cards) for the storage of Medicaid recipients State benefit information, insurance information, prescription history, and other general health information and that are capable of storing multiple recipients' information on one card; (2) biometric fingerprint scanners and card readers; (3) secure finger-imaging system that is compliant with federal law; (4) information system for recording and reporting authenticated transactions that interfaces with the appropriate State databases to determine eligibility of recipients and that gathers analytical information to be provided to data-mining companies; (5) no requirement for preenrollment of recipients; and (6) the ability to store an image of the Medicaid recipient's image on the smart card and in the database.
Provides metrics to determine if the pilot program is a success and authorizes DHHS to modify program as necessary if it does not meet projected savings threshold. Specifies that pilot program not be expanded unless authorized by the General Assembly. Requires DHHS to submit a detailed report on the implementation and success of the pilot program to the Governor, Speaker of the House of Representatives, President Pro Tempore of the Senate, Chairs of the Senate and House of Representatives Appropriations Committees, and to the Fiscal Research Division by June 30, 2012.
Specifies that the act must be construed consistent with the federal Social Security Act.
Directs that funds appropriated to DHHS for the 2010-11 fiscal year for the purpose of fraud prevention must be carried forward to the 2011-12 fiscal year to carry out the purposes of the act.
The Daily Bulletin: 2011-03-14
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The Daily Bulletin: 2011-03-14
| Intro. by Tolson, Johnson. | STUDY |
Amends GS 105A-2(6), adding housing authorities created under GS Chapter 157 to the list of local agencies, to provide as title indicates under the Setoff Debt Collection Act. Effective October 1, 2011.
| Intro. by Cook. | GS 105A |
Enacts new GS 62-273.1 as the title indicates. Provides definitions for the following terms as used in the proposed statute: (1) applicant, (2) certificate, (3) criminal history, and (4) current holder.
Provides that the Department of Justice may provide the criminal history of any applicant for or current holder of a certificate to transport household goods to the Utilities Commission (Commission). Directs the Commission to include with its request for a criminal history check the fingerprints and a form signed by the applicant or current holder consenting to the use of fingerprints and other identifying information required by the Department of Justice. Provides additional guidelines regarding the receipt and processing of the required information and confidentiality requirements. Provides that revelation of one or more convictions is not automatic grounds for denying or revoking a certificate and indicates factors to be considered by the Commission in deciding whether to deny or revoke a certificate. Authorizes the Commission to deny an application or revoke a certificate if the applicant or current holder refuses to consent to a criminal history record check or the use of fingerprints or other identifying information required by the State or National Repositories of Criminal Histories.
Effective when the act becomes law and applies to all current holders and applicants for a certificate to transport household goods on or after that date.
| Intro. by Steen, Hager. | GS 62 |
Amends GS 105-113.5 to increase the tax levied on the sale or possession for sale in the state, by a distributor, of all cigarettes to a rate of 7.25 cents (currently, 2.25 cents) per individual cigarette.
Amends GS 105-113.35 to increase the excise tax levied on tobacco products other than cigarettes to a rate of 41.25% (currently, 12.8%) of the cost price of the products.
Amends GS 105-113.40A, directing the Secretary of Revenue to credit the net proceeds of tax collected on other tobacco products as follows: (1) 9.8% of the cost price of the products to the University Cancer Research Fund (rather than crediting only remaining funds) and (2) the remainder to the General Fund (rather than 3%). Includes whereas clauses.
Effective January 1, 2012.
| Intro. by Weiss, Luebke, Glazier, Womble. | GS 105 |
Enacts new GS 115D-1.3, directing the State Board of Community Colleges to adopt a policy that prohibits any community college from soliciting or using information regarding a secondary school’s accreditation as a factor affecting admissions, loans, scholarships, or other educational activity of any applicant or student at the community college, unless the accreditation was performed by a state agency. Specifies that accreditation includes certification or other similar approval process for the section’s purposes. Makes the same changes to GS 116-11, concerning the University of North Carolina and constituent institutions. Applies to academic semesters beginning on or after July 1, 2011.
Enacts new subdivision (38) to GS 115C-12 to direct the State Board of Education (SBE), at the local board of education’s request, to evaluate schools in local school administrative units to determine whether the education provided meets acceptable levels of quality. Lists required considerations for the (SBE). Directs the local unit to pay (SBE) for the accreditation process and appropriates those funds to the Department of Public Instruction for the 2010-11 and 2011-12 fiscal years.
Enforcement of Federal Immigration Laws. Recodifies GS 64-1 through 64-5 as Article 1 of GS Chapter 64. Enacts new Article 2, Enforcement of Federal Immigration Laws, to GS Chapter 64 to prohibit any official or agency of the state or a local government from limiting or restricting the enforcement of federal immigration laws. Allows any state resident to bring a civil action against any governmental entity to enforce the prohibition. Details action requirements and penalties for violations. Indemnifies law enforcement officers, as specified, except in matters of bad faith. Directs a law enforcement officer or agency, during any lawful stop or detention where reasonable suspicion exists that the person stopped or detained is an alien not lawfully present in the U.S., to make a reasonable attempt to determine the immigration status of the person. Provides the presumption that a person is not an alien unlawfully present in the U.S. if the person produces: (1) a valid NC driver’s license; (2) a NC special identification card; (3) a valid form of tribal identification; or (4) any valid federal, state, or local government issued identification, if the entity requires proof of legal presence in the U.S. before issuance. Requires that the immigration status of an arrestee be determined before release. Requires the applicable entity to notify U.S. Immigration and Customs Enforcement (ICE) upon the release from imprisonment or collection of a fine from a convicted alien not lawfully present in the U.S. Authorizes a law enforcement agency to securely transport an alien who is unlawfully present in the U.S. to a federal facility or federal custody. Allows state agencies and local government units to exchange information related to an individual’s immigration status for four enumerated purposes.
Makes the offense of willful failure to complete or carry an alien registration document, defined as a violation of 8 USC Section 1304(e) or Section 1306(a) (corresponding federal laws), a Class 1 misdemeanor. Provides, however, that the maximum fine is $100 and the maximum imprisonment is 20 days for the first offense and 30 days for subsequent offenses. Sets forth a procedure for allocating confinement costs and an exception for persons authorized to remain in the U.S. Makes the offense of transporting, concealing, or encouraging an alien, as specified, a Class 1 misdemeanor, except makes a violation including 10 or more aliens not lawfully present in the U.S. a Class G felony. Excepts listed parties. Authorizes a person’s immigration status to be verified pursuant to federal law by a federally approved law enforcement officer or in any other federally authorized manner. Prohibits law enforcement officers and agencies from considering a person’s race, color, or national origin, except to the extent permitted by the U.S. or N.C. Constitution.
Amends GS 15A-401(b)(2) to add that an officer may arrest without a warrant if the officer has probable cause, based on information from ICE or another federal agency, that the person has committed an act that makes the person removable from the U.S.
Smuggling of Human Beings. Enacts new GS 14-43.14 to provide that the offense of smuggling of human beings occurs when a person intentionally engages in the smuggling of human beings for profit or a commercial purpose. Makes the violation a Class F felony; however, makes the violation a Class C felony if the victim is a minor and unaccompanied by a family member over 18 years old, or if the offense involved a deadly weapon or dangerous instrument. States that each violation constitutes a separate offense. Enacts new subdivision (6) to GS 14-43.10(a) to define smuggling of human beings.
E-Verify. Amends GS 126-7.1(f) to require each state agency, department, institution, university, community college, and local education agency to register and participate in E-Verify (rather than verify according to the Basic Pilot Program). Enacts new GS 153A-99.1 to require counties to register and participate in E-Verify to verify the work authorization of new employees. Defines E-Verify as the federal E-Verify program operated by the U.S. Department of Homeland Security and other federal agencies used to verify the work authorization of newly hired employees. Also enacts new GS 160A-169.1 to require cities to register and participate in E-Verify. Includes a nondiscrimination clause applicable to the two proposed statutes. Enacts new GS 153A-449(b) and GS 160A-20.1(b) to prohibit counties and cities, respectively, from entering into contracts for the physical performance of services within the state unless the contractor registers and participates in E-Verify. Makes other conforming and technical changes. Enacts new GS 143-129(j) to prohibit any board, state governing body, institution of state government, or local government from awarding contracts unless the contractor registers and participates in E-Verify. Enacts new GS 143-48.5 to prohibit any entity required to report to the Department of Administration from entering into a contract for goods and services unless the contractor registers and participates in E-Verify. Applies to contracts entered into or renewed after January 1, 2012.
Employment of Unauthorized Aliens. Enacts new Article 3, Employment of unauthorized aliens, to GS Chapter 64 to prohibit an employer from knowingly employing an unauthorized alien. Clarifies that an employer knowingly contracts with an unauthorized alien, in violation of the statute, if the employer uses a contract, subcontract, or other agreement with an independent contractor to obtain the labor of an alien in NC. Directs the Attorney General (AG) to prescribe a complaint form for reporting the violation of employing an unauthorized alien. Provides that upon the receipt of a complaint alleging a violation, the AG or district attorney is to investigate the alleged violation. Provides guidelines for conducting the investigation. Directs that if the AG or district attorney determines that the complaint is not false or frivolous, then the AG or district attorney is to: (1) notify the ICE of the presence of the suspected unauthorized alien; (2) notify local law enforcement agencies of the presence of the unauthorized alien; (3) direct the district attorney to bring an action, if applicable; and (4) bring a civil action against the employer in the appropriate superior court district. Makes it a Class 2 misdemeanor to knowingly file a false and frivolous complaint.
Distinguishes criteria for first, second, and subsequent violations, and details the corresponding consequences, including suspension or revocation of the employer’s license and probationary periods. Directs the AG to maintain copies of court orders issued regarding violations, to maintain a database of business locations and employers convicted of a first violation, and to make the court orders available on the AG’s web site. Directs the AG or district attorney, when investigating a complaint under proposed Article 3, to verify the work authorization of the alleged unauthorized alien with the federal government. Instructs the court to only consider the federal government’s determination of the work status. Specifies that proof that an employee’s work authorization was verified through E-Verify creates a rebuttable presumption that the employer did not knowingly employ an unauthorized alien. Also provides that an employer who demonstrates that the employer has complied in good faith with the requirements of 8 U.S.C. Section 1324a(b) establishes an affirmative defense that the employer did not knowingly employ an unauthorized alien. Provides additional guidelines regarding compliance with federal and state law. Requires employers to register and participate in E-Verify, and defines employer for the purposes of the statute. Makes it an unfair trade practice as defined in GS 75-1.1 for an employer to discharge a lawfully authorized employee while knowingly employing an unauthorized alien. Includes terms and definitions for proposed Article 3.
Effective for contracts entered into or renewed after January 1, 2012.
Eligibility for Public Benefits. Enacts new Article 4, Eligibility for Public Benefits, to GS Chapter 64, requiring any person who applies for a federal public benefit administered by NC to submit at least one of the 11 enumerated documents to the entity administering the federal public benefit to demonstrate lawful presence in the U.S. Also requires any state agency or local government that administers a public benefit to require each applicant to submit at least one of the 11 enumerated documents. Details exceptions, lists additional requirements, and sets forth penalties for a failure to report violations of federal immigration law. Includes terms and definitions for proposed Article 4. Includes a severability clause.
Admission to Higher Education Institutions. Enacts new GS 115D-1.3 to prohibit a person who is not lawfully present in the United States from being admitted to or taking any class at a community college. Provides exceptions for (1) a person who is enrolled in a secondary school at the same time that the person is taking a class or classes at a community college and (2) a person who will not be present in the United States during any portion of the class or classes taken at a community college. Enacts new GS 116-40.11 to prohibit a person who is not lawfully present in the United States from being admitted to or taking any class at a constituent institution of the University of North Carolina. Provides exceptions for (1) a person who is enrolled in a secondary school at the same time that the person is taking a class or classes at a constituent institution and (2) a person who will not be in the United States during any portion of the class or classes taken at a constituent institution. Makes a conforming change to GS 115D-1. Applies to admissions and classes taken after the date the act becomes law; however, does not prevent a student enrolled in a program as of the date the act becomes law or during the previous semester from completing that program.
Effective October 1, 2011, unless otherwise indicated.
Enacts a new GS 105-151.33 to establish a tax credit against imposed income tax for a taxpayer’s child who is (1) a state resident; (2) a child with a disability as defined in GS 115C-106.3(1); (3) has spent at least two semesters in a taxable year in a public school (immediately preceding the taxable year in which a credit is taken to establish initial eligibility) and while enrolled in and attending a public school was determined to require an individualized education program; (4) is a dependent, which entitles the taxpayer to deduct a personal exemption under section 151,(c) of the Internal Revenue Code for the taxable year; and (5) for one or two semesters during the taxable year is enrolled in and attending grades K through 12 in a nonpublic school or in a public school at which tuition is charged in accordance with GS 115C-366.1. Requires that the child have been enrolled in and attended at least the preceding two semesters in a public school for initial eligibility. The credit is equal to the amount the taxpayer paid for tuition and special education and related services expenses up to $3,000 per semester. Provides that, for home schools, the credit is equal to the amount the taxpayer paid for special education and related expenses up to $3,000 per semester. Defines semester for purposes of the credit. Provides for disqualification and reduction of the credit. Enumerates information to be provided to the Secretary of Revenue (Secretary) in order to claim the credit. Provides for a refund if the credit exceeds the amount of income tax imposed on the taxpayer. Requires that the Secretary transfer to the Fund for Special Education and Related Services (Fund) from the net individual income tax collections an amount equal to $2,000 multiplied by the number of credits taken during the fiscal year.
Effective for taxable years beginning on or after January 1, 2016, and applying to semesters beginning on or after July 1, 2016, further amends proposed GS 105-151.33(h) to require an eligible dependent child to have been enrolled in and attended at least the preceding semester in a public school for initial eligibility.
Enacts a new Article 32D in GS Chapter 115C to create the Fund to be established as a special, nonreverting revenue fund, with interest and other investment income accrued to it, under the control and direction of the State Board of Education (Board). Requires the Board to use revenue in the Fund for special educational and related services for children with disabilities.
Requires the Department of Revenue to report to the Revenue Laws Study Committee and Joint Legislative Education Oversight Committee on the administration of the credit by January 1, 2012, with specific information to be included.
Unless otherwise indicated, effective for taxable years beginning on or after January 1, 2011, and applies to semesters beginning on or after July 1, 2011, except transfers of funds under GS 105-151.33()(h) are not to be made before the 2012-13 fiscal year.
Amends GS 20-157(f) as the title indicates. Provides that for purposes of the provisions of subsection (f), which directs motorists to move over or if it is not possible to do so, slow the vehicle speed and be prepared to stop when encountering a public service vehicle parked or standing within 12 feet of a roadway, public service vehicle includes a vehicle being used to restore utility service, including electric, cable, phone or gas utility or is a highway maintenance vehicle owned and operated by the state or a local government (was electric utility service only). Effective October 1, 2011, and applies to offenses on or after that date.
| Intro. by Randleman. | GS 20 |
Amends GS 163-278.7(f) to require that the treasurer of a political action committee (PAC) which files its organizational report before the start of the time period for filing a notice of candidacy participate in training as to the duties of the office within three months of the appointment as treasurer and at least once every four years thereafter (was, every treasurer of a PAC had to participate in training within three months of appointment and at least once every four years thereafter). Additionally requires that a treasurer of a PAC that files its organizational report during or after the time for filing a notice of candidacy to participate in training within 45 days of appointment and at least once every four years thereafter.
Amends GS 163-278.9(a)(1) to provide that any candidate who has not filed the organizational report within the required time period is not eligible to be placed on the ballot. Makes a conforming change to GS 163-165.5.
Effective January 1, 2012, and applies to elections held on or after that date.
| Intro. by Randleman. | GS 163 |
Amends GS 90-21.4 to require that a physician notify a parent, legal guardian, person standing in loco parentis, or a legal custodian other than a parent of a minor 12 years of age or younger when granted specific authority in a custody order to consent to medical or psychiatric treatment, without the permission of the minor, concerning the medical health services set out in GS 90 21.5(a) after treating the minor, unless notification would, in the opinion of the physician, pose a serious risk to the life or physical health of the minor. Requires notification to be given within 48 hours after the minor receives treatment. Makes conforming and technical changes. Current law prohibits a physician from notifying a parent, legal guardian, person standing in loco parentis, or a legal custodian other than a parent when granted specific authority in a custody order to consent to medical or psychiatric treatment, without the permission of the minor, concerning the medical health services set out in GS 90-21.5(a), unless the situation in the opinion of the attending physician indicates that notification is essential to the life or health of the minor.
Amends GS 90-21.5 to provide that any minor older than 12 years of age (was, any minor) may give effective consent to a licensed physician for medical health services for the prevention, diagnosis, and treatment of (1) venereal disease and other diseases reportable under GS 130A-135, (2) pregnancy, (3) abuse of controlled substances or alcohol, and (4) emotional disturbance, if the physician notifies the minor’s parent, legal guardian, person standing in loco parentis, or a legal custodian other than a parent when granted specific authority in a custody order to consent to medical or psychiatric treatment within 48 hours after the minor receives the services.
| Intro. by Randleman. | GS 90 |
Amends GS 126-23 (certain records to be kept by state agencies open to inspection) by enacting new (d) to provide that individuals in the custody of, or under the supervision of, the Department of Corrections and those in the custody of local jails are not entitled to access to and are prohibited from obtaining the records that are made public under the statute.
Enacts new GS 126-28.1 to make it a Class 3 misdemeanor, with a fine of up to $500, for any public official or employee to knowingly and willingly provide access to or custody or possession of any portion of a public employee record to persons prohibited from obtaining them under new GS 126-23(d). Amends GS 14-258.1 to make it a Class 1 misdemeanor to knowingly (1) give public employee records obtained under GS 126-23 to those prohibited from obtaining them under new (d) or (2) give or sell those records to a person for delivery to persons who are prohibited from obtaining those records under (d). Also makes it a Class 1 misdemeanor for a person in the custody or under the supervision of the Department or Correction or in the custody of a local jail to possess public employee records that the individual is prohibited from obtaining. Effective December 1, 2011.
The Daily Bulletin: 2011-03-14
Senate amendment makes the following changes to 2nd edition. Prohibits spending state funds for activities related to a terminal groin and accompanying beach fill project permitted under GS 113A-115.1 as amended by the act, unless the General Assembly enacts legislation explicitly appropriating funds for that purpose. The prohibition does not apply to beach fill or nourishment projects initiated before the act’s effective date.
| Intro. by Brown, Goolsby, Rabon. |
Identical to H 341, filed 3/14/11.
Amends GS 105-113.5 to increase the tax levied on the sale or possession for sale in the state, by a distributor, of all cigarettes to a rate of 7.25 cents (currently, 2.25 cents) per individual cigarette.
Amends GS 105-113.35 to increase the excise tax levied on tobacco products other than cigarettes to a rate of 41.25% (currently, 12.8%) of the cost price of the products.
Amends GS 105-113.40A, directing the Secretary of Revenue to credit the net proceeds of tax collected on other tobacco products as follows: (1) 9.8% of the cost price of the products to the University Cancer Research Fund (rather than crediting only remaining funds) and (2) the remainder to the General Fund (rather than 3%). Includes whereas clauses.
Effective January 1, 2012.
| Intro. by Purcell. | GS 105 |
Deletes subsections (a), (b), and (b1) from GS 20-88.1 (Driver education). Moves those deleted subsections to GS 115C-215 with changes as follows. Directs the State Superintendent of Public Instruction (Superintendent), in accordance with criteria and standards approved by the State Board of Education (SBE), to organize and administer a standardized driver education program to be offered at the public high schools of the state to students meeting age and additional specified requirements who are enrolled in a public or private school within the state (was, required a program of driver training and safety to be organized under the general supervision of the Superintendent). Directs the SBE to establish and implement a strategic plan for the driver education program. Specifies that the strategic plan must at minimum include goals and performance indicators and identifies those which must be addressed. Further amends GS 20-88.1 to clarify that the expenses incurred by the driver education program administered by DPI under GS 115C-215, as amended, are to be paid out of the Highway Fund. Makes conforming and technical changes to GS 20-88.1.
Amends GS 115C-216 to direct local boards of education to offer in high schools noncredit driver education courses that use the standardized curriculum provided by the Department of Public Instruction (DPI) (was, required the SBE and local boards of education to provide a course of training and instruction in the operation of motor vehicles in the state’s public high schools). Makes a conforming change.
Directs the SBE to report to the Joint Legislative Program Evaluation Oversight Committee by July 15, 2011, on the status of implementation of Section 7.12 of SL 2010-31, which mandates the creation of a standard curriculum to be used for the driver education program in DPI. Prohibits the use of state funds for the 2011-12 school year for driver education programs that do not use the standard driver education curriculum created in accordance with Section 7.12 of SL 2010-31.
Directs the SBE to establish a pilot program, consisting of at least five local school administrative units, to use electronic means to deliver driver education. Provides that funds appropriated for driver education are to be used to implement the pilot program. Requires the SBE to report by February 15, 2012, on the implementation of the pilot program to the Joint Education Oversight Committee and the Joint Legislative Program Evaluation Oversight Committee (Committees) and specifies that the report is to contain (1) the cost per student of the program and (2) the success rate of participants in receiving a driver’s license. Also directs the SBE to report by February 15, 2012, to the Committees on (1) the most cost-effective method of providing driver education and (2) the strategic plan adopted by the SBE in accordance with GS 115C-215, as amended.
Enacts new GS 121-7.6 establishing the State Historic Sites Fund (Fund) as a special, interest-bearing, non-reverting fund in the Division of State Historic Sites (Division) to provide funds for operation, interpretation, maintenance, preservation, development, and expansion at all state historic sites. Appropriates funds annually. Requires receipts from the lease or rental of property or facilities, disposition of structures or products of the land, and admissions and fees collected at the sites owned or controlled by the Division to be credited to the Fund. Requires the Division to report on the Fund to specified legislative entities by September 30 of each year. Excludes the Bentonville Battlefield Historic Site from the statute. Effective July 1, 2011.
| Intro. by Hartsell. | GS 121 |
Identical to H 254, filed 3/8/11
Appropriates $100,000 for 2011-12 and $100,000 for 2012-13 from the General Fund to the Department of Cultural Resources to support the state's African-American Heritage Commission. Effective July 1, 2011.
| Intro. by McKissick | APPROP |
Blank bill.
| Intro. by Hunt. | APPROP |
Enacts new subsection (l) under GS 62-133.5 to provide that a local exchange company may elect alternative regulation under this proposed section providing that it meets specified criteria including foregoing funding from a state universal service fund or alternate funding mechanism and having territory open to competition from competing local providers. Provides that the election of the alternative regulation is effective immediately upon the filing of the local exchange company. Adds subsection (k1) to provide that a local exchange company that has made an alternative election under proposed subsection (l) is no longer subject to the requirement to report annually to the General Assembly on or after the third anniversary following the date of the local exchange company’s election. Provides that a local exchange company’s election of the alternative regulation under new GS 62-133.5(l) does not affect (1) the obligations or rights of an incumbent local exchange carrier as defined under federal law and regulations nor (2) North Carolina Utilities Commissions (Commission) jurisdiction concerning specified enforcement and regulatory authority. Provides that a local exchange company’s election under this proposed subsection does not prevent a consumer from seeking the assistance of the Commission to resolve a complaint with the local exchange company as provided in GS 62-73.1. Makes conforming changes to GS 62-133.5 and 62-302(b)(4)b. Amends GS 62-110(f1) to provide that a local exchange that has chosen alternative regulation under proposed GS 62-133.5(l) does not have any carrier of last resort obligations.
| Intro. by Brown. | GS 62 |
Amends the following statutes to provide that a general description of the reasons for each employee’s promotion, demotion, transfer, suspension, separation, or other change in position classification with the applicable entity will be subject to inspection (expands information currently subject to inspection): GS 126-23(a) (state employee personnel records); GS 115C-320(a) (local boards of education); GS 115D-28(a) (community college employee personnel records); GS 122C-158(b) (employees under the Mental Health, Developmental Disabilities, and Substance Abuse Act); GS 153A-98(b) (county employees); GS 160A-168(b) (city employees); and GS 162A-6.1(b) (water and sewer authority employees). Adds that the performance of the employee, to the extent that the entity has the performance records in possession, will also be subject to inspection.
Deletes provisions of GS 143-318.16B (assessments and awards of attorneys’ fees) and replaces them with the following new provisions. Allows a party who substantially prevails in seeking compliance with the open meetings law by public bodies to recover reasonable attorneys’ fees if the fees are attributable to that noncompliance, in any action brought under Article 33C of GS Chapter 143, as specified. Prohibits the court from assessing attorneys’ fees against the governmental body or unit if the court finds that the body or unit acted in reasonable reliance on: (1) a judgment or order of a court applicable to the body or unit; (2) the published opinion of an appellate court, an order of the NC Business Court, or a final order of the Trial Division of the General Court of Justice; or (3) a written opinion, decision, or letter of the Attorney General. Details additional guidelines for the payment of fees, and specifies that a court may not assess attorneys’ fees against a public hospital, as defined, if the court finds that the action was brought by or on behalf of a competing health care provider for obtaining information used to gain a competitive advantage.
Effective December 1, 2011.
Amends the expiration provision of GS 105-129.12A (credit for substantial investment in other property) to provide that the credit expires and the taxpayer may not take any remaining installments of the credit in one of the years in which the installment of a credit accrues and by which the taxpayer is required to have created 200 new jobs at the property if (1) the total number of employees employed at the property with respect to which the credit is claimed is less than 200 and (current law only includes requirement #1) (2) the taxpayer has failed within two years of the date that the employment fell below 200 to invest at the property at least twice the value of the remaining credit installments. Effective for taxable years beginning on or after January 1, 2009.
| Intro. by Garrou, Allran. | GS 105 |
The Daily Bulletin: 2011-03-14
Permits removal from office by recall election any member of the Burke County Board of Education. Provides that any registered voter of the Burke County School Administrative Unit (LEA) may file an affidavit containing the name of the member to be removed and a general statement of the grounds for removal. Directs the supervisor of elections to provide the person submitting the affidavit with printed copies of a recall petition form to be used in demanding such a removal. Provides that a recall election may be held upon the filing of a recall petition within 30 days that contains signatures of at least 15% of the registered voters of the LEA. Sets forth additional petition and election criteria and provides criteria for filling vacancies resulting from the removal from office of a member via a recall election. Prohibits the filing of a petition to recall a member within either the first or last six months of the member’s term of office. Provides that if a member is subject to an unsuccessful recall election that another such recall election for that same member may not take place until at least one year after the previous recall election and that any subsequent recall petition needs the signatures of al lest 20% of the registered voters of the LEA to be sufficient to initiate a recall election. Effective January 1, 2012.
| Intro. by Blackwell. | Burke |
The Daily Bulletin: 2011-03-14
Actions on Bills: 2011-03-14
H 6: HOUSE PENSIONS COMMITTEE DUTIES
H 21: COUNTY ADMINISTRATION OF MUNICIPAL ELECTIONS
H 33: CONSULAR DOCUMENTS NOT ACCEPTABLE AS ID (NEW).
H 45: ACCELERATE CLEANUP OF INDUSTRIAL PROPERTIES.
H 49: LAURA'S LAW.
H 123: BUSINESS ENTITY CHANGES.
H 124: IRC UPDATE.
H 219: SEX OFFENDER REGISTRY AMENDMENTS.
H 315: TAXPAYER INFORMATION ACT.
H 317: NC FAMILY & CONSUMER SERVICES 100TH.
H 318: STATE TREASURER'S INVESTMENTS.
H 319: RESTORE CIGARETTE TAX STAMPS.
H 320: WATER RESOURCES FLEXIBILITY (NEW).
H 321: GRIFTON SHAD FESTIVAL.
H 323: DECREASE CORPORATE INCOME TAX RATE.
H 324: AMEND POSSESSION OF MARIJUANA.
H 325: JUDICIAL APPOINTMENT/VOTER CONFIRMATION.
H 329: BLDG. CODES/EXPAND EQUINE EXEMPTION.
H 330: NONRESIDENT SCHOLARSHIP/OUT-OF-STATE TUITION.
H 331: ALLOW PAS AND NPS TO SIGN DEATH CERT.
H 332: CLARIFY DEVELOPMENT MORATORIA AUTHORITY.
H 333: ADOPT OFFICIAL STATE SPORT.
H 334: SPORTS AGENTS/DMV POLICE AUTHORITY (NEW).
H 335: PRISON MAINT/JUSTICE REINV/TECH CORR. (NEW).
H 336: AMEND WEIGHT REQUIREMENTS-CERTAIN VEHICLES.
H 341: TOBACCO PRODUCTS TAX INCREASE.
H 342: HIGH SCHOOL ACCREDITATION.
H 343: SUPPORT LAW ENFORCEMENT/SAFE NEIGHBORHOODS.
H 344: TAX CREDITS FOR CHILDREN WITH DISABILITIES.
H 345: MODIFY MOVE OVER LAW.
H 346: ELECTIONS OMNIBUS (NEW)
H 347: NOTIFICATION TO TREAT MINORS/12 OR YOUNGER
H 348: OFFENDERS/NO ACCESS TO PERSONNEL RECORDS.
H 349: PROMOTE GREEN ROOFS ON BUILDINGS.
H 350: PROPERTY TAX UNIFORMITY FOR CONSERVATION LAND (NEW)
H 351: RESTORE CONFIDENCE IN GOVERNMENT.
S 7: ADD CONTROLLED SUBSTANCES (NEW).
S 22: APA RULES: LIMIT ADDITIONAL COSTS (NEW).
S 32: HOSPITAL MEDICAID ASSESSMENT/PAYMENT PROGRAM.
S 49: INCREASE FINE FOR SPEEDING/SCHOOL ZONES.
S 58: MODIFY FMAP CUTS (NEW).
S 110: PERMIT TERMINAL GROINS.
S 244: FIRE AND RESCUE/SURVIVOR'S BENEFIT.
S 265: TRANSFER STATE HEALTH PLAN TO STATE TREASURER.
S 315: ROADSIDE CAMPAIGN SIGNS.
S 316: ADD'L SECTION 1915 MEDICAID WAIVER SITES.
S 317: AMEND LAW RE: STATE INFO. TECHNOLOGY SERVICES.
S 318: REPEAL PLASTIC BAG BAN.
S 320: MUNICIPAL SYSTEMS.
S 321: SURPLUS LINES/PREMIUM TAX.
S 322: ADOPT OFFICIAL STATE SPORT.
S 323: STATE HLTH PLAN/APPROPRIATIONS AND TRANSFER II (NEW).
S 324: ABC LAW/EASTERN BAND OF CHEROKEE INDIANS.
S 325: FUNDS FOR STEP-DOWN UNIT FOR BART PROGRAM.
S 326: EVALUATE DD RESIDENTIAL OPTIONS FOR CHILDREN.
S 327: MODIFY MHDDSAS REPORTING REQUIREMENTS.
S 328: REPORT ON TRANSFER OF CAP-MR/DD UR TO LMES.
S 329: EVIDENCE-BASED PRACT. IN PSYCH. HOSPITALS.
S 330: REPORT ON MH SERVICES PROVIDED BY HOSP. ERS.
S 331: EVALUATE EFFICACY OF CABHA MODEL.
S 332: REPORT ON NC CLUBHOUSE PROGRAMS.
S 333: REVISE DD WAITING LIST PROCESS.
S 334: EXPAND INPATIENT PSYCHIATRIC BEDS/FUNDS.
S 335: APPLY FOR TBI MEDICAID WAIVER.
S 336: DEVELOP PLAN FOR ALLOCATING DD RESOURCES
S 337: ALLOW EXPANSION OF CAPITATED WAIVER.
S 338: TOBACCO PRODUCTS TAX INCREASE
S 339: MODIFY DRIVER EDUCATION PROGRAM.
S 340: STATE HISTORIC SITES SPECIAL FUND.
S 341: AFRICAN-AMERICAN HERITAGE COMN FUNDS
S 342: APPROPRIATIONS ACT OF 2011.
S 343: COMMUNICATIONS REGULATORY REFORM.
S 344: GOVERNMENT TRANSPARENCY ACT OF 2011.
S 345: ENCOURAGE INVEST TO RETAIN ART 3A INSTALLMENT.
Actions on Bills: 2011-03-14
H 68: TAX CERTIFICATION - ADD COUNTIES (NEW).
H 322: HAYWOOD SCHOOL BOARD FILING PERIOD.
H 326: BUNCOMBE LOCAL SALES TAX FOR COMM. COLLEGES (NEW).
H 327: INCORPORATE LEICESTER.
H 328: WAYNE SHERIFF VACANCIES.
H 352: DELAY KANNAPOLIS ANNEXATION.
S 81: ORANGE COUNTY LOCAL DISCLOSURE ACT REPEAL.
S 82: TOWN OF ATKINSON/CHARTER AMENDMENT.
S 319: WILMINGTON CIVIL SERVICE BOARD.
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