Senate committee substitute makes the following changes to 1st edition.
Deletes all provisions of 1st edition and replaces it with AN ACT TO TRANSFER THE GENERAL STATUTES COMMISSION, THE RESPONSIBILITY FOR THE CODIFICATION OF THE GENERAL STATUTES, THE REVISOR OF STATUTES AND THE STAFF FOR THESE FUNCTIONS TO THE GENERAL ASSEMBLY. Recodifies Article 2 of GS Chapter 114 as Article 7D of GS Chapter 120, entitled Codification of Statutes. Amends recodified GS 120-36.21 to direct the Legislative Services Officer to assign to General Assembly staff specified duties previously designated to the Division of Legislative Drafting and Codification of Statutes in the Department of Justice (Division). Makes conforming changes and specifies that the General Assembly staff member who performs duties under GS 120-36.21(2) is the Revisor of Statutes. Enacts new GS 114-8.4 to permit the Department of Justice to (1) prepare bills at the request of the Governor and state officials and advise in connection with those bills and (2) advise and assist local governments to draft legislation. Makes conforming changes to various statutes to transfer codification duties to the Legislative Services Office and to transfer the General Statutes Commission (Commission) to the General Assembly. Amends GS 164-12, providing that the Commission will be located within the General Assembly for administrative purposes only. Amends GS 164-18, authorizing the Commission to report recommended legislation to each annual session of the General Assembly. Repeals GS 143A-53 (transferred the Commission to the Department of Justice).
Transfers all statutory authority, powers, records, personnel, and funds of the General Statutes Commission from the Department of Justice to the General Assembly as a Type II transfer. States that all administrative rules of the Commission are repealed, but are adopted as Commission policies until the Commission amends or repeals them. States that all rights and duties of North Carolina, acting through the Attorney General and the Division will remain unchanged, but will be executed by the Legislative Services Office. Transfers three specified positions to the General Assembly.
Effective June 1, 2011.
The Daily Bulletin: 2011-05-17
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The Daily Bulletin: 2011-05-17
| Intro. by Ross. |
House amendment makes the following changes to 2nd edition. Deletes proposed GS 126-28.1, which imposed penalties on public officials or employees providing offenders access to personnel files. Deletes amendments to GS 14-258.1, which imposed penalties on offenders possessing prohibited records. Makes conforming changes, and makes a conforming change to the bill title.
| Intro. by Randleman. |
House amendment makes the following changes to 2nd edition, as amended. Deletes proposed GS 163-14, concerning the ability of the board of county commissioners to call a special election if a vacancy occurs in an elective office. Makes conforming change to the title.
| Intro. by H. Warren, Cleveland, Brawley, Bradley. |
House committee substitute makes the following changes to 1st edition. Deletes all provisions of previous edition except the provision stating General Assembly findings and the provision requiring the Secretary of Health and Human Services (Secretary) to allow private sector development of an Internet-based data archive for provider records. Adds that the data warehouse will not store consumer records. Establishes within the Joint Legislative Oversight Committee on Health and Human Service, or upon authorization of the Legislative Research Commission, a 20 member Task Force to review and recommend a resolution to the duplicative regulatory oversight of Department of Health and Human Services (DHHS) services provided, regulated, or licensed under GS Chapter 122C or 131D, other than GS 131D-6 and Article 2 of GS Chapter 131D. Details the Task Force’s membership, meeting timeline, duties, updating and reporting requirements, and directs the Task Force to develop legislative recommendations to accomplish specified directives by April 2012. Directs DHHS, effective January 1, 2012, to modify and consolidate LME endorsement, the Frequency and Extent of Monitoring Tool, and the Provider Monitoring Tool. Directs the Secretary to prepare a rate-setting memorandum for every change or adjustment made by DHHS in service definition, policy, rule, or provider requirements that impacts services provided in accordance with this act. Directs the Secretary to dissolve North Carolina Treatment Outcomes Program Performance System Advisory Committee, and requires the Secretary to establish a task force to study the North Carolina Treatment Outcomes Program Performance System by August 1, 2011. Directs the Secretary to annually review policy updates made by specified accrediting bodies and to take the actions necessary to ensure that DHHS policy or procedural requirements do not duplicate the updated accreditation standards. Makes a conforming change to the bill title. Makes other technical changes.
| Intro. by Lewis, Hurley. |
The Daily Bulletin: 2011-05-17
House committee substitute makes the following changes to 2nd edition. Amends proposed GS 130A-34.2(b) to clarify that the required data must be provided in a format specified by the Division of Public Health (Division). Amends proposed GS 130A-34.2(c) to direct local health departments, district health departments, and consolidated human services agencies to make encounter-level data available for the Division, in a format specified by the Division, in order to comply with federal grant reporting requirements (previously, the entities were not required to submit encounter-level data). Specifies that local health departments are not required to use Common Name Data System for any purpose. Amends proposed GS 130A-34.2(e) to clarify that local health departments, district health departments, and consolidated human services agencies retain the responsibility to supply the Division of Medical Assistance and/or the Centers for Medicare and Medicaid Services with documentation to support audit processes and procedures to confirm and validate cost study reimbursement data. Clarifies the definition of aggregate data. Authorizes local health departments, district health departments and consolidated human services agencies to rebill outside of the Health Information System any unpaid Medicaid claims submitted between December 1, 2010, and the effective date (the date the act becomes law).
| Intro. by Hartsell. |
Senate committee substitute makes the following change to 1st edition. Amends proposed GS 68-25(b), clarifying that a person is guilty of a Class 3 misdemeanor if the person permits any domestic fowl to run at large on the lands of a commercial poultry operation of any other person after receiving actual or constructive notice.
| Intro. by East. |
Senate committee substitute makes the following changes to 2nd edition. Clarifies that the term of the member currently serving on North Carolina State Hearing Aid Dealers and Fitters Board who was appointed by the Governor from a list of audiologists compiled by the North Carolina Speech and Hearing Association expires on the effective date of the act, and directs the Governor to fill the vacancy on the Board with a person who represents the interest of hearing aid consumers, in accordance with GS 93D-3, as amended (previously, the terms of the two audiologist Board members expired on the act’s effective date).
| Intro. by Hartsell. |
Senate amendment makes the following changes to 2nd edition.
Amends proposed GS 160A-381(g) and proposed GS 153A-340(j) to provide that certain municipal and county subdivision and zoning regulations relating to building design elements may not be applied to single family residential structures in zoning districts with densities of five or fewer dwelling units per acre (was, may not be applied to residential structures containing four or fewer dwelling units) except under specified circumstances. Amends the specified circumstances to also include: (1) circumstances where the regulations are imposed as conditions relating to the allowance of density bonuses or modifications of open space, setbacks or required yards, lot coverage, lot size, buffering or screening regulations otherwise generally applicable in a zoning district; and (2) circumstances when the regulations are applied to manufactured or modular housing in a manner consistent with GS 160A-383.1 and federal law. Makes additional technical and clarifying changes to both proposed subsections. Changes the title to AN ACT TO CLARIFY WHEN A MUNICIPALITY OR A COUNTY MAY ENACT ZONING ORDINANCES RELATED TO DESIGN AND AESTHETIC CONTROLS. Clarifies that the act is effective when it becomes law and applies to development approvals made on or after the effective date.
| Intro. by Clodfelter. |
The Daily Bulletin: 2011-05-17
AN ACT TO ALLOW RECALL OF OFFICERS OF THE TOWN OF TOPSAIL BEACH. Summarized in Daily Bulletin 2/28/11, 3/24/11, and 3/28/11. Enacted May 16, 2011. Effective May 16, 2011.
| Intro. by Justice. | Pender |
AN ACT AMENDING THE CHARTER OF THE TOWN OF TOPSAIL BEACH TO CLARIFY WHEN THE TERMS OF THE MAYOR AND MEMBERS OF THE BOARD OF COMMISSIONERS COMMENCE AND TO PROVIDE THAT THE MAYOR SHALL VOTE ONLY IN THE CASE OF A TIE. Summarized in Daily Bulletin 2/28/11. Enacted May 16, 2011. Effective May 16, 2011.
| Intro. by Justice. | Pender |
AN ACT PRESERVING LITTORAL RIGHTS IN THE TOWNS OF TOPSAIL BEACH AND NAGS HEAD AFTER PUBLICLY FINANCED BEACH NOURISHMENT PROJECTS. Summarized in Daily Bulletin 3/21/11 and 5/4/11. Enacted May 17, 2011. Effective May 17, 2011.
House amendment makes the following changes to 2nd edition. Amends Paragraph 1 of the Winston Salem Charter (Charter), as amended, by adding that the mayor must be elected by all the qualified voters of Winston-Salem. Clarifies that, except as provided in Section 12J, the mayor serves a term of four years commencing, as provided by GS 160A-68, at the organizational meeting of the city council following the election. Makes a conforming change to Paragraph 2, concerning city council member terms. Further amends the Charter by deleting language defining a qualified political party. Deletes provision concerning the filed notice of candidacy and pledge. Makes other conforming changes.
| Intro. by Folwell, McGee, L. Brown. | Forsyth |
The Daily Bulletin: 2011-05-17
Actions on Bills: 2011-05-17
H 54: HABITUAL MISDEMEANOR LARCENY.
H 115: NORTH CAROLINA HEALTH BENEFIT EXCHANGE (NEW).
H 145: PHOEBE'S LAW (NEW).
H 197: SCHOOL CALENDAR FLEXIBILITY/INCLEMENT WEATHER.
H 222: ELECTRIC VEHICLE INCENTIVES.
H 280: COUNTY LAW ENFORCEMENT SERVICE DISTRICT.
H 306: TRANSFER GSC/REVISOR OF STATUTES TO GA (NEW).
H 348: OFFENDERS/NO ACCESS TO PERSONNEL RECORDS.
H 366: SPECIAL ELECTION DATES.
H 402: ARTS NC SPECIAL PLATE.
H 408: AMEND CRIMINAL DISCOVERY LAWS.
H 493: LANDLORD TENANT LAW CHANGES.
H 514: UNIFORM MILITARY AND OVERSEAS VOTERS ACT.
H 585: VEHICLE EMISSIONS INSPECTIONS (NEW).
H 594: FUNCTIONALLY EQUIVALENT WASTEWATER SYSTEMS.
H 597: UI/FIX AGGRIEVED PARTY DEFINITION.
H 618: STREAMLINE OVERSIGHT/DHHS SERVICE PROVIDERS.
H 623: ELIMINATE AGENCY FINAL DECISION AUTHORITY.
H 628: DEVELOPMENT READY JOBS STUDY.
H 634: ARTHRITIS FOUNDATION SPECIAL PLATE.
H 646: PRISON HOSPITAL COMPLETION.
H 649: AMEND GROUNDS/LICENSE REVOCAT'N/BAIL BONDSMAN.
H 670: SODIUM RESOLUTION.
H 673: STREET GANG NUISANCE ABATEMENT.
H 715: SUPPORT FIREFIGHTERS WEEK.
H 750: ASSCS.-STORMWATER RESP./SD & SEPT'G. RULES (NEW).
H 769: HIGH SCHOOL TO WORK PARTNERSHIP.
H 795: PATIENT ACCESS TO PATHOLOGICAL MATERIALS.
H 844: MOUNTAINS-TO-SEA TRAIL SPECIAL PLATE.
H 845: ANNEXATION REFORM ACT OF 2011 (NEW).
H 869: AURORA FOSSIL MUSEUM SPECIAL PLATE.
H 921: PRECONSTRUCTION GRANT DEVELOPMENT FUND.
S 125: REGIONAL SCHOOLS (NEW).
S 244: FIRE AND RESCUE/SURVIVOR'S BENEFIT.
S 245: MEDICAID BILLING BY LOCAL HEALTH DEPARTMENTS.
S 271: COMMERCIAL AND OTHER M/V LAW CHANGES-AB.
S 279: CLARIFY RENEWABLE ENERGY RESOURCE DEFINITION.
S 316: ADD'L SECTION 1915 MEDICAID WAIVER SITES.
S 345: ENCOURAGE INVEST TO RETAIN ART 3A INSTALLMENT.
S 384: CONFORMING CHANGES/PERSONS W/DISABILITIES ACT.
S 484: REPS CREDITS AT CLEANFIELDS PARKS.
S 489: EFFECTIVENESS OF JOB CREATION PROGRAMS (NEW).
S 525: CRITICAL ACCESS BEHAVIORAL HEALTH AGENCIES (NEW).
S 537: INCREASE IN REM FORECLOSURE FEE.
S 576: CHANGES TO FEES FOR TEACHER CERTIFICATION.
S 602: DOMESTIC FOWL STRAY/COMMERCIAL POULTRY LANDS.
S 670: REVISE MEMBERSHIP/HEARING AID FITTERS BOARD.
S 676: CLARIFY WATER AND WELL RIGHTS/PRIVATE PROPERTY.
S 731: ZONING/DESIGN AND AESTHETIC CONTROLS.
Actions on Bills: 2011-05-17
H 118: WINSTON-SALEM/DAILY CURRENCY/COINS DEPOSITS.
H 256: INCORPORATE LAKE JAMES.
H 371: WINSTON-SALEM/INFORMAL BIDS ELECTRONICALLY.
H 414: AMEND RUTHERFORD COUNTY OCCUPANCY TAX.
H 415: TOPSAIL BEACH/NAGS HEAD/LITTORAL RIGHTS (NEW).
H 471: BUNCOMBE COUNTY COMMISSION DISTRICTS.
H 506: WRIGHTSVILLE BEACH/ABANDONED VESSELS.
H 516: MOUNT AIRY CHARTER AMENDMENTS.
H 523: CHANGE WINSTON-SALEM/FORSYTH ELECTION METHOD.
H 528: DUPLIN ELECTIONS.
H 532: GRAHAM COUNTY/CEMETERY TAX BY GENERAL LAW.
H 537: WILKES FIRE TAX DIST. BOUNDARIES.
H 565: MOREHEAD CITY/BEAUFORT BOUNDARY.
H 566: GRANTSBORO CHARTER AMENDMENT.
S 288: ATLANTIC BEACH/BEAUFORT/PARKING.
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