House committee substitute to the 2nd edition make the following changes.
Sets the appointments for A.L. Collins, Olivia Oxendine, and Marcella Ramirez Savage to expire March 31, 2021 (was, March 31, 2019). Makes conforming changes. Makes a technical change to the long title.
The Daily Bulletin: 2013-04-01
|Intro. by T. Moore.||JOINT RES|
Amends GS 7A-38.1 (Mediated settlement conferences in superior court civil actions) to allow the discovery of and admissibility of statements made and conduct occurring during a mediated settlement conference or other settlement proceeding under the statute, in disciplinary hearings before the State Bar or the Dispute Resolution Commission (was, State Bar or any agency established to enforce standards of conduct for mediators or other neutrals). Makes a conforming change. Makes the same changes to GS 7A-38.4A (Settlement procedures in district court actions), to GS 7A-38.3B (mediation in matters within the jurisdiction of the clerk of superior court), and to GS 7A-38.3D (Mediation in matters within the jurisdiction of the district criminal courts).
Amends GS 7A-38.2(d) to require that the administrative fee (of up to $200) for the certification and renewal of mediators and mediation training programs be deposited in a Dispute Resolution Fund to support the operations of the Dispute Resolution Commission (Commission) and to be used at the Commission's direction. Also amends the statute to allow the Commission to issue cease and desist letters to individuals falsely representing themselves as certified, or eligible to be certified, or to an individual or firm that falsely represents a mediatory training program as certified, or eligible to be certified. Violations are Class 2 misdemeanor and are subject to a civil penalty not to exceed $500 per day of violation. Requires that the clear proceeds of any civil penalty be remitted to the Civil Penalty and Forfeiture Fund. Allows for injunctions and requires that actions and prosecutions be filed in Wake County courts. Effective December 1, 2013 and applies to offenses committed on or after that date.
Unless otherwise indicated, effective July 1, 2013 and applies to mediations commenced on or after that date.
|Intro. by T. Moore, Bryan, Glazier, Schaffer.||GS 7A|
Transfers all assets and outstanding debts of any public water system operated by a subdivision of the state and body politic that serves a population of more than 120,000 people that is not operated as either a joint or regional public water supply, to the metropolitan sewerage district in the county in which the system is located, to be operated as a Metropolitan Water and Sewerage District. Requires the assets and outstanding debts of any public sewer system operated by a subdivision of the state and body politic that is interconnected with the metropolitan sewerage district receiving assets under the above requirement, that is not operated as either a joint or regional public sewer system, to be transferred to that metropolitan sewerage district to be operated as a Metropolitan Water and Sewerage District. Provides that until the appointments are made, the district board of the metropolitan sewerage district in the county in which the public water system the assets of which are being transferred is located must function as the district board. Requires that all necessary operation permits also be transferred.
Enacts new Article 5A (Metropolitan Water and Sewerage Districts) in GS Chapter 162A. Provides that a district board consists of no more than 15 members, appointed as specified, who serve three year terms. Provides for reappointment, vacancies, removal, oath of office, officers and chairs, meetings and quorum, and compensation. Sets out the district's powers as exercising any power of a Metropolitan Water District and those of a Metropolitan Sewerage District, and doing all acts and things necessary or convenient to carry out the powers granted by the Article. Gives a metropolitan water and sewerage district the power to issue bonds and notes from time to time under the Local Government Finance Act.
Sets out the process for the determination of tax rate by the district board and the, levy, collection, and remittance of tax.
Allows the district board to fix, and revise, rents, rates, fees, and other charges for the use of and services furnished to or to be furnished by any water system or sewerage system. Sets out further requirements for such rates and charges.
Provides that a right of way or easement in, along, or across any state highway system, road, or street, and along or across any city or town street within a district is granted to a district in case such right of way is found to be necessary or convenient for carrying out any of the district's work.
Provides that the governing body of any political subdivision is authorized and empowered to take specified actions, including, to pay any obligation to the district under a contract from any available funds of the political subdivision and to levy and collect a tax for making the payment.
Requires the district board to present preliminary plans to the county or city governing board before making final plans for the location and construction of any water system or sewerage system. Directs district boards to coordinate its plans for construction of water system or sewerage system improvements with the overall plans for the development of the planning area if the district is located wholly or partly within a county or municipal planning area.
Gives a district the same power as a city to asses civil fines and penalties for violations of its ordinances and allows for injunctions. Provides further guidance on penalties and violations.
Prohibits the district board from privatizing the provision of water or sewer to the customers of the district unless related to administrative matters only.
Make conforming changes to GS 159-44, GS 159-48, and GS 159-81.
Identical to S 430 filed on 3/26/13.
Amends GS 87-43.1, providing a new exception to the provisions of Article 4 of GS Chapter 87 (Electrical Contractors). The provisions of this article do not apply to specified work done by a public utility, electric membership corporation, municipal electric service provider, or business contracted by such entities, as long as the work is subject to oversight from a licensed electrical contractor.
Amends 153A-357(a) and GS 160A-417(a), both sections dealing with the planning and regulation of development for cities/towns and counties, providing that a permit is not required for the installation, maintenance, or replacement of any modification, device, or equipment by a public utility, electric membership, or municipal electric service provider as long as the work is subject to oversight by a licensed electrical contractor. However, the public utility, electric membership corporation, or municipal electric service provider must provide service in accordance with an activity or program approved by the NC Utilities Commission or a similar program undertaken by a municipal electric service provider. This exemption applies to all existing installations.
Amends Section 10.9F(c) of SL 2012-142, as amended, as the title indicates. Makes conforming changes to clarify that this act creates two levels of eligibility, TierI for Medicaid Personal Care Services and Tier II for Enhanced Medicaid Personal Care Services. Amends Section 10.9F(d) of SL 2012-142, as amended, toprovidethat if a doctor attests to the eligibility criteria required for Tier II services,there must be an assessment of the Medicaid recipient to determine the recipient's eligibility for Tier II enhanced personal care services. Directs the Department of Health and Human Services (DHHS) to implement Tier II-Enhanced Medicaid Personal Care Services within available funds. Effective July 1, 2013.
DirectsDHHSto make an interim report on the implementation of this act on or before May 1, 2013 to the House Appropriations Subcommittee on Health and Human Services and to the Senate Appropriations Committee on Health and Human Services. Directs DHHS to report on or before August 1, 2013, and on or before November 1, 2013 to the Joint Legislative Oversight Committee on Health and Human Services on the implementation of this act.
Except as otherwise provided, this act is effective when it becomes law.
|Intro. by Dollar.||UNCODIFIED|
States that the NC General Assembly asserts that United States Constitutiondoes not prohibit states or their subsidiaries from making laws with respect to the establishment of religion. Declares that the NC General Assembly does not recognize federal rulings which prohibit and otherwise regulate the state of North Carolina, its public schools, or any of its political subdivisions in making laws respecting an establishment of religion. Includes a number of "whereas" clauses regarding the inapplicability of the Establishment Clause of the First Amendment of the US Constitution to states, municipalities, or schools.
|Intro. by Ford, Warren.||JOINT RES|
Identical to S 453 filed on 3/26/13.
Codifies subsections (a) through (k) of Section 15.3A (establishing the NC Human Trafficking Commission) of SL 2012-142 in new GS 143A-55.10 and makes the following changes. Expands the membership of the NC Human Trafficking Commission (Commission) from 12 to 15 by adding representatives of Legal Aid of NC, Department of Labor, the NC Justice Center, a trauma expert, the NC Coalition Against Human Trafficking, a hospital or health care representative, one of the area sexual assault response teams, a faith-based shelter or benefits organization, the State Bureau of Investigation, the State Highway Patrol, and a district attorney. Modifies who is to make each type of appointment and removes ex officio members. Provides that members serve two-year terms and are allowed to be reappointed. Provides for appointment by the Chair. Requires that office space be provided in Raleigh for the Commission. Requires the Attorney General to allocate funds, from funds available to the Department of Justice, to fund the Commission's work.
|Intro. by Schaffer, Presnell.||GS 143|
The Daily Bulletin: 2013-04-01
Enacts new Part 9 (Captive Insurance Companies) in Article 10 of GS Chapter 58. Defines a captive insurance company as any pure captive insurance company, association captive insurance company, industrial insured captive insurance company, risk retention group, protected cell captive insurance company, incorporated cell captive insurance company, or special purpose financial captive insurance company formed or licensed under the new part.
Provides that any captive insurance company, when permitted by its organizational documents, may apply to the Commissioner of Insurance (Commissioner) for a license to do any and all insurance comprised in GS 58-7-15(1) through (16) and (19), provided that (1) no pure captive insurance company shall insure risks others than those of its parent and affiliated companies or a controlled unaffiliated business or businesses; (2) no association captive insurance company shall insure any risks other than those of its association, those of the member organizations of its association, and those of a member organization's affiliated companies; (3) no industrial insured captive insurance company shall insure any risks other than those of the industrial insureds that comprise the industrial insured group, those of their affiliated companies, and those of the controlled unaffiliated business of an industrial insured or its affiliated companies; (4) no risk retention group shall insure any risks other than those of its members and owners; (5) no captive insurance company shall provide personal motor vehicle or homeowner's insurance company; (6) no captive insurance company shall accept or cede reinsurance except as provided in GS 58-10-445 and GS 58-10-605; (7) no captive insurance company shall provide accident and health insurance on a direct basis; (8) no captive insurance company shall provide workers' compensation and employer's liability insurance on a direct basis; and (9) no captive insurance company shall provide life insurance or annuities on a direct basis. Prohibits a captive insurance company from transacting insurance business in the state unless (1) it obtains a license; (2) its board of directors or committee of managers, or subscribers' advisory committee holds at least one meeting each year in the state; (3) it maintains its principal place of business in the state; (4) it appoints a registered agent to accept service of process and to otherwise act on its behalf in the state, provided that whenever such agent cannot, with reasonable diligence, be found at the registered office of the company, the Commissioner must be an agent of such company upon whom any process, notice, or demand may be served and such service must be in in accordance with GS 58-16-30. Specifies seven requirements to be meet in order to receive a license to issue insurance policies as a captive insurance company, including submitting organizational documents; filing a plan of operation and submitting for approval a description of the coverages, deductibles, coverage limits, and rates, together with any additional required information. Sets out the process by which a captive insurance company can amend its organizational documents and the descriptions of deductibles, rates and related information. Makes licensing information confidential and sets out instances where the information may be made public. Requires the Commissioner to grant a license if the Commissioner is satisfied with the filed documents and statements.
Allows the Commissioner to contract with consultants and other professionals in completing the application process and other regulatory activities. Allows for an organizational investigation or exam before licensing an applicant. Requires the company to submit information about the company's manager before licensing. Sets out regulations concerning the company's name. Prohibits issuing a license unless the captive insurance company possesses and maintaining unimpaired paid-in capital and surplus in specified amounts. Requires the company to get approval from the Commissioner before paying a dividend or other distribution from capital or surplus.
Allows a pure captive insurance company to be incorporated as a stock insurer with its capital divided into shares and held by the stockholders, as a nonprofit corporation with one or more members, or as a manager-managed limited liability company. Specifies types of incorporation and organization that may be considered an association captive insurance company, an industrial insured captive insurance company, or a risk retention group. Sets out further requirements for the formation of captive insurance companies, including requirements for mergers, consolidations, conversions, mutualizations, acquisitions, redomestications, or other similar transactions of captive insurance companies.
Sets out regulations concerning the activities of directors, and requires captive insurance companies to report within 30 days after any change in its executive officers or directors.
Requires the adoption and filing of conflict of interest statements. Requires prior approval before making a material change in the company's field business plan. Requires authorization to act as a managing general agent, producer, or reinsurance intermediary for captive business.
Provides that captive insurance companies are not required to make any annual report except for the specified reports. Requires all captive insurance companies to have an annual audit and file the audited financial report with the Commissioner before June 30. Sets out provisions for variances and exceptions to the audit requirement. Delineates items that must be included in the audit report.
Requires a licensed captive insurance company to report information concerning the independent certified public accountant retained to conduct the annual audit, within 60 days. Sets out reporting requirements for instances when the company has material misstated its financial condition. Sets out further requirements concerning the accountant's work papers and regulation the lead audit partner (the partner having primary responsibility for the audit).
Establishes requirements for additional security when the Commissioner deems that the captive insurance company's financial condition warrants additional security.
Allows the Commissioner to visit a captive insurance company and inspect and examine its affairs to ascertain its financial condition, its ability to fulfill its obligations, and whether it has complied with the Part. Sets out further requirements for the examination and makes related reports and information confidential.
Allows for the suspension or revocation of a license if the company has committed one of seven described violations or if they company has failed to commence business within two years of licensure, has failed to carry on business in or from the state, or the company has requested the suspension or revocation, and the suspension or revocation is in the public's and policyholders' best interest.
Requires association captive insurance companies and risk retention groups to comply with investment requirements contained in specified statutes. Sets out further requirements concerning restrictions on allowable investments, making loans or investments in parent company or affiliates, and holding an interest in qualified headquarters property.
Allows captive insurance companies to provide reinsurance. Provides that insurance by a captive insurance company of any workers' compensation or accident and health-qualified self-insurance plan will only be in the form of reinsurance. Provides further regulation of reinsurance.
Prohibits captive insurance companies from being required to join a rating organization and from being allowed to join or contribute financially to any plan, pool, association, or guaranty or insolvency fund in the state.
Requires each captive insurance company to pay taxes to the Department of Revenue, in an amount calculated based on set percentages; also sets the amount to be paid for assumed reinsurance premiums. Sets the minimum aggregate tax at $5,000 and the annual maximum aggregate tax at $100,000. Provides guidelines for the aggregate minimum and maximums for protected cell captive insurance companies and specified special purpose financial captives. Creates the Captive Insurance Regulatory Fund to receive appropriations to cover the costs of staff and other expenses incurred in regulating captive insurance companies and promoting the state's captive insurance industry.
Provides for the adoption of rules by the Commissioner, including establishing standards concerning risk management.
Allows specified governmental entities to expend public funds to purchase capital stock in a captive insurance company or to provide guaranty capital in a mutual captive insurance company.
Specifies penalties for violations. Requires monetary penalties to be deposited into the Captive Insurance Regulatory Fund.
Sets out requirements for captive insurance companies that reinsure life insurance policies.
Allows one or more sponsors for a protected cell captive insurance company, sets out requirements for establishing the protected cells, and delineates filing requirements. Allows associations, corporations, limited liability companies, partnerships, trusts, and other business entities to be participants in protected cell captive insurance companies. Allows sponsors to be participants in a protected cell captive insurance company, and provides that a participant does not need to be a shareholder of the protected cell captive insurance company. Provides that a participant shall insure only its own risks through a protected cell captive insurance company. Establishes provisions for combining the assets of protected cells.
Allows the establishment of a branch captive insurance company to write any insurance or reinsurance of the employee benefit business of its parent and affiliated companies that is subjected to the Employee Retirement Income Security Act of 1974, as amended, or any insurance or reinsurance allowed to be written by captive insurance companies. Sets out the requirements for licensure including security requirements.
Requires an alien captive insurance company seeking to be licensed as a branch captive insurance company to petition the Commissioner to issue a certificate stating the finding that the licensing and maintenance of the branch operations will provide the general good of the state. Requires the company to comply with all other state laws after issuance of a certificate of authorization. Establishes reporting requirements and allows for the examination of a branch captive insurance company.
Provides that special purpose financial captives (SPFCs) are provided only to facilitate the securitization of one or more risks as a means of accessing alternative sources of capital and achieving the benefits of securitization. Limits creation of SPFCs for the limited purpose of entering into SPFC contracts and insurance securitization transactions and into related agreements to facilitate the accomplishment and execution of those transactions. Allows the Commissioner to exempt an SPFC from the Part regulation under the Part would be inappropriate given the nature of the risks to be insured. Allows an SPFC to apply to the Commissioner for a certificate of authority to transact insurance or reinsurance business. Provides that an SPFC will only insure or reinsure the risks of its counterparty. Sets out other application requirements and guidelines for transacting business. Allows an SPFC to be established as a stock corporation, limited liability company, mutual, partnership, or other form of approved organization. Sets out other organizational requirements. Requires an SPFC to initially possess and maintain minimum capital of no less than $250,000 and requires all of the initial capitalization to be in cash. Sets out authorized and prohibited activities. Provides for the establishment of protected cell accounts and sets out provisions applicable to the protected cell accounts. Allows an SPFC to issue securities and sets out related requirements. Allows an SPFC to enter into asset management agreements. Provides that an SPFC may reinsure only the risks of a ceding insurer pursuant to a reinsurance contract and prohibits issuing a contract of insurance or a contract for assumption of risk or indemnification of loss other than such reinsurance contract. Set out further provisions concerning reinsurance. Provides that no securities issued by an SPFC pursuant to an insurance securitization are to be considered to be insurance or reinsurance contracts. Requires the assets of an SPFC to be preserved and administered by or on behalf of the SPFC to satisfy the liabilities and obligations of the SPFC incident to the reinsurance contract, the insurance securitization, and other relate agreements. Specifies restrictions on investments that the SPFC is subject to. Prohibits an SPFC from declaring or paying dividends to its owners other than in accordance with the insurance securitization transaction agreement, and in no event will the dividends decrease the capital of the SPFC below $250,000. Sets out other requirements concerning dividends. Provides that material changes to the SPFC's plan of operation require prior approval from the Commissioner. Provides for the filing of an audit and statement of operation; also allows for an examination of books, records, documents, accounts, and vouchers. Prohibits an SPFC from conducting activities until a new or modified certificate of authority is issued, when the SPFC stops business following termination or cancellation of an SPFC contract and the redemption of any related securities issued in connection with the SPFC contract. Provides for the supervision, rehabilitation, or liquidation of SPFC.
Sets out specified provisions of GS Chapter 58 that are applicable to all captive insurance companies, in addition to the new Part.
Makes conforming changes to the following statutes: GS 58-22-15, GS 58-28-5, GS 58-47-95, and GS 97-190.
Provides that nothing in the act is to be construed to obligate the General Assembly to appropriate funds for the act. The act is effective July 1, 2013, if funds are appropriated for the 2013-15 fiscal biennium to provide the Department with regulatory staff and resources to license and regulate captive insurance companies. If funds are not appropriated, then the act does not become effective until July 1 of a year in which the General Assembly appropriate funds to implement the act.
Amends the definitions in GS 143-64.17 to define qualified reviewer as an architect or engineer who is (1) licensed in the state and (2) experienced in the design, implementation, and installation of energy efficiency measures. Also amends the definition of qualified provider to mean a person or business experienced in the design, implementation, and installation of energy conservation measures who has been prequalified by the State Energy Office (SEO) according to the office's prequalification criteria.
Amends GS 143-64.17A (solicitation of guaranteed energy savings contracts) to provide that in the case of a governmental unit wishing to enter into additional performance contracts with the same qualified provider within five years of signing a performance contract, the unit may enter directly into a guaranteed energy savings contract with the same provider. Requires the SEO to review the agreement before it is executed. Adds that if after publication of the notice of request for proposals, fewer than two qualified providers attend the mandatory pre-bid meeting, the unit must publish notice of the request again as specified. Requires that a qualified reviewer evaluate proposals and provide the governmental unit with a letter report containing qualitative and quantitative evaluation of the proposal, but not make a recommendation for selection. Removes the requirement that the proposal include specified cost estimates. Make conforming changes. Amends the criteria for selecting a provider. Establishes the process that the governmental unit is to use in selecting a provider.
Amends GS 143-64.17B (guaranteed energy savings contracts), to require a qualified provider entering into a guaranteed energy savings contract to provide security in the amount equal to 100% of the annual guaranteed savings for the term of the contract (was, 100% of the total cost). Requires that any guaranteed energy and operational savings be determined by using one of the measurement and verification methods specified. If the specified methods are not sufficient, the qualified provider must develop an alternative method.
Amends GS 143-64.17L to provide that on or after July 1, 2013, no constituent institution may implement an energy conservation measure without entering into a guaranteed energy savings contract under the statute. However, NC State University may continue to fulfill the terms of any financing agreement related to an energy conservation measure implemented on or before June 30, 2013.
|Intro. by Hunt.||GS 143|
Enacts new GS Chapter 108D, Enrollee Grievances and Appeals of LME/MCO Managed Care Actions. Defines Local Management Entity/Managed Care Organization (LME/MCO) as an LME that has been approved by the Department of Health and Human Services to operate an MCO or PIHP in accordance with 42 CFR Part 438. Requires each LME/MCO to establish and maintain internal grievance and appeal procedures that (1) comply with the Social Security Act and 42 CFR Part 438, Subpart F, and (2) afford enrollees, and network providers authorized to act on behalf of enrollees, constitutional rights to due process and a fair hearing. Provides for the format of the grievance requests. Prohibits attempting to influence, limit, or interfere with an enrollee's right or decision to file a grievance, request for an LME/MCO level appeal, or a contested case hearing; also sets out activities that an LME/MCO is not prevented from doing. Prohibits an LME/MCO from taking punitive actions against a network provider for specified acts, including filing a grievance on behalf of an enrollee or supporting an enrollee's grievance.
Provides in new GS 108D-5 for the filing of a grievance and requires that an LME/MCO resolve the grievance as expeditiously as the enrollee's health condition requires, but no later than 90 days after receiving the grievance; affected parties must be given written notice of the grievance disposition within the 90 day period. Allows an enrollee, or a network provider acting on behalf of an enrollee, to request for an LME/MCO level appeal of a grievance disposition under GS 108D-6 as long as the described grievance procedure has already been exhausted. Provides further guidelines for a standard LME/MCO level appeal and for expedited LME/MCO level appeals. Allows an expedited appeal when the time limits for completing a standard appeal could seriously jeopardize the enrollee's life or health or ability to attain, maintain, or regain maximum function.
Specifies that the Office of Administrative Hearings (OAH) does not have jurisdiction over a dispute concerning a grievance or managed care action, except as set forth in the Chapter. Provides that GS 108D-8 (contested case hearings on disputed managed care actions) is the exclusive method for an enrollee to contest a notice of resolution issued by an LME/MCO. Provides that an enrollee, or a network provider acting on behalf of an enrollee, has the right to file a request for appeal to contest a notice of resolution as long as the entity has exhausted the grievance procedure in GS 108D-5, and if applicable, the appeal procedures in GS 108D-6 (standard LME/MCO level appeals) or GS 108D-7 (expedited LME/MCO level appeals). Sets out the procedure for appealing a notice of resolution. Requires an LME/MCO to continue the enrollee's benefits during the pendency of an appeal to the same extent as required under 42 CFR 438.420. Allows the chief administrative law judge of OAH to limit and simplify the administrative hearing procedures that apply to contested case hearings under the statute to complete the cases as expeditiously as possible. Sets out requirements to be met by any simplified hearing procedures. Provides that the enrollee has the burden of proof on all issues submitted to OAH for a contested case hearing and has the burden of going forward. Sets out requirements for the use of new evidence. Requires the administrative law judge, for each managed care action, to determine whether the LME/MCO substantially prejudiced the rights of the enrollee and whether the LME/MCO (1) exceeded its authority or jurisdiction; (2) acted erroneously; (3) failed to use proper procedure; (4) acted arbitrarily or capriciously; or (5) failed to act as required by law or rule. Requires that the written decision notify parties of the decision and the right to seek judicial review of the decision under GS Chapter 150B, Article 4.
Amends GS 112C-3 to define LME/MCO just as it is defined in new GS Chapter 108D.
Makes conforming changes to GS GS 122-151.3 (Dispute with area authorities or county programs), and GS 122C-151.4 (Appeal to State MH/DD/SA Appeals Panel). Amends GS 84-2.1 (Practice law defined) to provide that the practice of law does not include representation of an LME/MCO by an employee or a contractor of the LME/MCO in a contested case hearing under GS 108D-8.
Effective July 1, 2013.
Amends GS 7B-507 to require that an order placing or continuing placement of a juvenile in the custody or placement responsibility of a county department of social services contain, among other items, specific findings as to whether a county department of social services has either made reasonable efforts to prevent the need for placement or eliminated the need for placement of the juvenile, unless the court as previously determined under (b) of the statute that such efforts are not required or shall cease. Further amends the statute to provide that in any order placing a juvenile in custody or the placement responsibility of a county department of social services, the court may direct that reasonable efforts to eliminate the need for placement of the juvenile are not required or will cease if the court finds (among other things) that the parent has committed sexual abuse against the child or another child of the parent, or has been required to register as a sex offender on any government-administered registry.
Amends GS 7B-909 to require the review of the department's or agency's plan for placement be held within six months of accepting a relinquishment of a juvenile for adoption under Part 7 of Article 3 of GS Chapter 48, unless the juvenile has become the subject of an adoption decree. Makes conforming changes.
Amends GS 130A-22(b3) to cap the penalties at $5,000 (was, $1,000) for each day the violation continues for Article 19A (lead-based paint hazard management program) and at $5,000 (was, $750) for each day the violation continues for Article 19B (certification and accreditation of lead based paint renovation activities).
Amends GS 130A-101 to require a birth certificate to be filed with the local registrar of the county where the birth occurs within five (was, 10) days of the birth.
Amends GS 130A-209 to require that all health care facilities and provides that detect, diagnose, or treat cancer or benign brain or central nervous system tumors submit electronically, by October 1, 1014, a report to the central cancer registry of each diagnosis. Requires the electronic transmission be in a format prescribed by the US Department of Health and Human Services, Centers for Disease Control and Prevention, National Program of Cancer Registries.
Effective October 1, 2013.
Amends GS 147-69.2(b), providing that investments that were authorized by this subsection at the time the investment was made or committed, remain authorized by this subsection. Requires all investments pursuant to this subsection, for the purposes of computing market values, to be valued as of the last date of the most recent fiscal quarter. Amends GS 147-69.2(b)(1-9), making numerous technical and conforming changes. Adding asset-backed securities to the types of securities that the Retirement Systems' assets can be invested in. Deletes various individual investment limitations in lieu of new limitations set forth in GS 147-69.2(b)(10a). Adds contractual arrangements, in which the investment manager has discretion and authority to invest in assets specified, to the types of assets that constitute the Retirement Systems' assets. Provides that assets authorized under this subsection can be invested directly by the State Treasurer for the primary purpose of approximating the movements of a nationally recognized and published benchmark index within one-half percent (.50%) per annum (was, no more than one-half percent (1.5%) of the market value of the Retirement Systems' assets that may be invested directly in the stock of a single corporation).
Creates new GS 147-69.2(b)(10a), providing investment limitations for specified market values and Retirement Systems' assets.
Amends GS 147-69.7 (Discharge of duties to Retirement Systems), making a technical and conforming change.
Effective July 1, 2013.
|Intro. by Hise.||GS 147|
Adds new Part 30, "North Carolina Infrastructure Development Authority," to Article 9 of GS Chapter 143B.
Cites legislative findings as to the need for public-private partnerships to fill the need for new and creative ways to finance, build, and maintain transportation and other infrastructure.
Defines terms as they apply in this Part.
Establishes the North Carolina Infrastructure Development Authority (Authority)as a public agency and declares that the exercise by the Authority of the powers conferredby Article 9 is the performance of an essential governmental function. Locates the Authority within the Department of Administration (Department)for administrative purposes but authorizes the Authority to exercise all of its powers independently of the Department except as otherwise specified un this Article.
Provides for an 11-member Authority Board to govern the Authority with four appointments by the Governor, two members appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate, two members appointed by the General Assembly upon the recommendationof the Speaker of the House of Representatives, the Secretary of Transportation or a designee, the State Chief Information Officer or a designee, and the Chairman of the Public Utilities Commission or designee. Directs each appointing authority to appoint members who live in diverse regions of the state. Designates the Authority Board to select the Chair of the Authority. Provides additional criteria for term lengths, the filling of vacancies, the adoption of by-laws, and the removal of board members. Provides for per diem but no salaries for the appointed members of the Board. Makes the Board members subject to the State Government Ethics Act (GS Chapter 138A). Directs the Board to appoint a salaried Executive Director and provides for the ED to appoint, employ, dismiss, and fix compensation, within limitsset by the Board, for administrative employees.
Declares that the purpose of the Authority is to foster the use of public-private partnerships to leverage public funds and provide for more rapid and efficient completion of projects for the use and benefit of the public. Specifies that the Authority is to assist other state agencies in developing a partnership that is in the best interest of the state and maximizes the benefits to the state's taxpayers and minimize costs. Provides that a purpose of the Authority is to undertake Authority Projects where specifically directed and funded through appropriations of the General Assembly. Offersas examples of Authority Projects transportation projects, public works projects, and information technology projects.
Endows the Authority with all of the powers necessary to execute the provisions of new Part 30, specifying that among these powers are the powers of a corporate body, including the power to sue and be sued, to contract, to adopt and use a common seal, and to alter the adopted seal as needed. Delineates additional powers of the Authority.
Authorizes the Authority to acquireby purchase, negotiation, gift, devise, or condemnation, public or private real property that it determines is necessary for any construction, expansion, enlargement, extension, improvement, or operation of an Authority Project. Requires the Authority to follow the procedure in Article 9 of GS Chapter 136 when exercising the power of eminent domain.
Provides that property owned by the Authority is exempt from taxation under Article V, Section 2 of the state constitution and thatthe operations of the Authority are subject to the oversight of the State Auditor. Requires that revenues from Authority Projects authorized under this Article are to be used only for (1) Authority administration costs; (2) Authority Project development, right-of-way acquisition construction, operation, and maintenance; and (3) debt service on the Authority's revenue bonds or related purposes. Permits the Authority to use up to 100% of revenue from an Authority Project for debt service on the Authority's revenue bonds or a combination of debt service, operation, and maintenance expenses of the Authority Projects. Limits the Authority to using no more than 5% of total revenue from all Authority Projects for administrative costs.
Declares theAuthority to be a municipality for the purposes of Article 5, the State and Local Government Revenue Bond Act, of GS Chapter 159. Provides for the sale of revenue bonds of the Authority issued under GS 136-89.189 and the State and Local Revenue Bond Act to be sold in accordance with Article 7 of GS Chapter 159.
Provides that the Authority is to solicit competitive proposals for the construction of Authority Projects under the provisions of Article 8 of GS Chapter 143for the purposes of implementing new Article 30. Provides that contracts for professional engineering services and other kinds or professional or specialized services are to be solicited in accordance with procedures that the Board adopts. Provides guidelines regarding the use of alternative contracting methods.
Requires the Authority created in this act to report on its activities tothe Joint Legislative Commission on Governmental Operations no later than January 15, 2015. Specifies that the report is to identify any barriers in existing statutes to the effective use of public-private partnerships and to recommend appropriate legislation to remove those barriers.
|Intro. by Stein.||GS 143B|
Establishes the 16 member North Carolina Educator Effectiveness, Compensation, and Career Development Task Force (Task Force), with membership appointed by the Speaker of the House of Representative and the President Pro Tempore of the Senate, as specified. Requires the Task Force to make recommendations on whether to create a statewide model of incentives to encourage the recruitment and retention of highly effective educators and to consider the transition to an alternative compensation system for educators. Specifies factors to be considered by the Task Force. Requires the Task Force to report to the 2014 Regular Session of the 2013 General Assembly by April 15, 2014, at which time the Task Force terminates.
Amends GS 115C-333 to require local school administrative units to have, to the extend practicable, at least one formal observation in schools identified as low performing, by an outside evaluator designated by the principal. Requires teachers in low performing schools who have not attained career status to be observed at least once annually by a teacher and at least three times annually by the principal or the principal's designee. Requires that at least one of the these observations be performed by the principal, and at least one by an outside evaluator designated by the principal. Applies beginning with the 2013-14 school year.
Amends GS 115C-333.1 to require teachers in schools that are not designated as low performing schools who have not attained career status to be observed at least once annually by a teacher and at least three times annually by the principal or the principal's designee. Requires that at least one of the these observations be performed by the principal, and at least one by an outside evaluator designated by the principal. Requires teachers with career status who are assigned to schools that are not designated as low-performing to be evaluated at least annually and, to the extend practicable, have at least one formal observation performed by an outside evaluator designated by the principal. Applies beginning with the 2013-14 school year.
Amends GS 115C-45(c) to give licensed employees of a local administrative unit the right to petition the local board of education to grant a hearing regarding the results of the employee's annual evaluation or implementation of a mandatory improvement plan. Applies beginning with the 2013-14 school year.
Amends GS 115C-296(b) to require that continuing licensure require at least 10 continuing education credits, including competencies related to digital learning and innovative and alternative methods of teaching. Also requires the standards for approval of institutions of teacher education to require that teacher education programs for all students include demonstrated competencies in creative teaching strategies, including digital learning and innovative and alternative methods of teaching (in addition to other already specified competencies). Provides that for teachers in their forth or fifth year of their current five year license renewal cycle, the changes apply beginning with the first year of their next five-year license renewal cycle. Applies beginning with the 2013-14 school year.
Amends GS 115C-301.1 to require teachers in kindergarten through fifth grade to receive at least three hours of duty-free instructional planning time per week, teachers in six through eight receive at least four hours per week, and teachers in grades nine through 12 receive at least five hours per week. Makes conforming changes to GS 115C-105.27(b). Applies beginning with the 2013-14 school year.
Amends GS 115C-325 to amend the determination of a teacher's career status when a teacher has been employed by a North Carolina public school system for for consecutive years. Probationary teachers given ratings of accomplished or higher or all evaluation standards for the last two of four years and a rating of highly effective by the end of the fourth year are automatically eligible for career status. Those that have not received a rating of proficient or higher on all evaluation standards for two out of the last three of the four years, and a rating of effective or higher by the end of the fourth year of evaluations do not achieve career status; provides for extending the probationary contract. Allows the State Board to adopt rules for remediation for teachers ineligible to achieve career status. If neither of the described circumstances apply, then the board must vote on whether to grant career status. Provides for the revocation of career status in specified circumstances. Makes conforming changes. Provides that a teacher obtaining career status and maintaining a rating of highly effective will not be required to serve another probationary period in any state public school system. Requires local boards of education to adopt a Reduction in Force policy for determining the positions subject to the reduction in force that includes the consideration of evaluations, effectiveness ratings, and length of tenure of licensed employees in similar positions. Provides that the board may not refuse to renew the contract of any probationary teacher or to reemploy any teacher not under contract because the teacher, in good faith, reported a violation of law or local board of education policy by a member of the local board of education or by an employee of the local board. Applies beginning with the 2013-14 school year.
Amends GS 115C-288 to require principals to use personnel and other resources to implement evidence-based practices in the classroom that are appropriate to enhance student achievement, taking specified factors into account. Requires the principal to share the practices and measures with the school improvement team. Applies beginning with the 2013-14 school year.
Amends GS 115C-333(b)(1a) to require the support provided so that an individual can resolve deficiencies identified in a mandatory improvement plan to include mentoring, coaching, or both. Applies beginning with the 2013-14 school year.
Requires the State Board of Education to develop a method of incorporating student growth, as determined by the Education Value Added Assessment System, in the calculation of the overall school performance scores and in awarding school performance grades for the annual report cards. Makes conforming changes to GS 115C-12(9)c1. Applies beginning with the 2012-13 school year.
Amends GS 115C-375.1 (to provide some medical care to students) to replace board of education with local board of education throughout the statute. Requires that the principal ensure that appropriate training is provided to all individuals participating in the medical care program. Makes other clarifying changes. Applies beginning with the 2013-14 school year.
Amends GS 15A-622 (Formation and organization of grand juries; other preliminary matters), enacting new GS 15A-622(i), which contains five categories of crimes that can be the basis for convening an investigative grand jury, including violations of GS 14-254 (malfeasance of corporation officers and agents) and a violation of GS 14-90 (embezzlement of property received by virtue of office or employment). Makes conforming changes.
Establishes that the Office of the General Administration of the University of North Carolina will study whether law schools at North Carolina's public universities should offer classes and clinics for the training of future prosecutors. Requires the findings and recommendations of the study to be reported to the General Assembly and to the Joint Legislative Education Oversight Committee on or before April 1, 2014.
Appropriates $2 million from the General Fund to the Department of Public Safety for both fiscal year 2013-14 and 2014-15, for the expansion of teen courts to counties where they have not been established. The Division of Juvenile Justice will develop criteria for evaluating teen court grant applicants and will develop a competitive process for awarding those grants.
Appropriates $2,755,141 million for the 2013-14 fiscal year and $2,995,249 million for the 2014-15 fiscal year to restore funding to drug treatment court programs authorized under GS Chapter 7A, Article 62.
Effective July 1, 2013.
|Intro. by Stein.|
Enacts new GS 143B-605, (North Carolina Statewide Reentry Advisory Council), establishing the North Carolina Statewide Reentry Advisory Council (Council) within the Department of Public Safety. Their duties will include providing the Governor, General Assembly and multiple other state agencies that serve juvenile and adult offender populations, with comprehensive information about programs that serve juvenile and adult offender populations upon reentry into the community, barriers faced by that population, best practices to meet the needs of that population, and funding sources for program and practices that address the needs of that population. Specifies tasks.
The members of the Council will be appointed by the Secretary of Public Safety (Secretary). Provides for the compensation of the different members that constitute the Council.
The Council will report on its progress to the Joint Oversight Committee on Justice and Public Safety by February 1, 2014.
|Intro. by Stein.||GS 143B|
Adds a new subsection (t) to GS 20-7 regarding the use of bioptic telescope lenses and the user's eligibility for a restricted drivers license as the title indicates.
|Intro. by Brock.||GS 20|
Amends GS 115C-12 by creating a new subsection GS 115C-12(23a) and amends GS 115C-47(4) providing that the powers and duties of the State Board of Education and local boards of education include providing all students with the opportunity to participate in interscholastic athletics programs. Requires the State Board of Education and local boards of education to adopt rules that allow high school students who attend schools that do not have interscholastic athletics programs in any given sport to participate in the sport at the high school closest to the student's school which has a program in that sport, subject to the terms and conditions applicable to a regularly enrolled member of that school's student body. Also, that a private school, home school, or charter school student may likewise participate in sports programs at the base public high school for the student's home address.
Effective when the act becomes law and applies beginning with 2013-14 school year.
|Intro. by Brock.||GS 115C|
Enacts new Article 5G, Electronic Prescriptions, in GS Chapter 90. Enacts new GS 90-113.91 to allow a practitioner authorized to prescribe a controlled substance for medical or pharmaceutical care to electronically transmit a prescription to a pharmacy upon meeting each of the six specified criteria, including having a valid medical or pharmaceutical relationship with the patient, and the practitioner's electronic or digital signature or key code appears on the electronic prescription orders. Enacts new GS 90-113.92 to allow any person authorized to electronically transmit a prescription to a pharmacy under new GS 90-113.91 to use electronic prescribing software or hardware to complete the transmission if the software or hardware meets the specified criteria. Provides that nothing in the statute is to be construed to prohibit a health insurance plan from imposing other general exclusions, limitations, or requirements pertaining to health plan administration, including quantity limits, prior authorization, step edits, e-messaging about pharmacy benefit coverage, and other utilization management tools.
Effective October 1, 2013.
|Intro. by Brock.||GS 90|
Identical to H 22 filed on 1/30/13.
Enacts new subdivisions to GS 20-79.4(b) to authorize the following types of special registration plates: Flag of the United States of America; Municipality Plate; NC Cattlemen's Association; and Riverlink. Plate issuance is contingent on the receipt of at least 300 plate applications for each plate. Makes revisions to the Register of Deeds and the Vietnam Veterans of America plates. Sets out the special plate fees and distribution amounts for each plate. Amends GS 20-81.12(b2) to add the NC Transportation Museum plate as a state attraction plate.
|Intro. by Brock.||GS 20|
Requires the Commission for Public Health to amend the rules implementing the Newborn Screening Program to require screening for Krabbe disease.
Amends GS 130A-215 to increase the fee for lab tests performed by the State Laboratory of Public Health for newborn screenings from $19 to $21.12. Effective July 1, 2013.
Enacts new GS 58-3-261 to require health benefit plans to provide coverage for Krabbe disease screenings. Effective on the date that the rules adopted by the Commission for Public Health become effective, and applies to health benefit plans entered into, amended, or renewed on or after that date.
Appropriates $694,000 for 2013-14 from the General Fund to the Department of Health and Human Services, Division of Public Health to cover the costs of equipment and lab information management system programming necessary to implement the requirement for Krabbe disease screening. Effective July 1, 2013.
Amends GS 35A-1213, providing that a corporation cannot be appointed as guardian, in regards to appointments of guardian for an incompetent person, for any individual to whom it provides mental health, developmental disabilities, or substance abuse services for compensation as part of a contractual or other arrangement with a local management entity (LME), including LMEs that have been approved to operate the Medicaid Waiver.
Establishes that an individual who contracts with or is employed by an entity that contracts with an LME, for mental health, developmental disabilities, and substance abuse services, cannot serve as a guardian for a ward for whom the individual or entity is providing these services unless the individual is (1) a parent or adoptive parent, (2) a family member of the ward, (3) a licensed family foster care provider, or (4) a licensed therapeutic foster care provider (was, unless the individual was a parent or immediate family member).
|Intro. by Randleman, Barringer, Robinson.||GS 35A|
Amends GS 15A-534(h), making a technical change and adding to the instances of automatic termination of the obligation of an obligor for a bail bond. Providing that such an obligation automatically terminates (unless other specified events trigger the termination at an earlier time) when 36 months have passed from the date of release on a bail bond where the defendant is charged with a misdemeanor, except in offenses involving impaired driving. When the obligation automatically terminates under this subdivision, the judicial official will decide whether the defendant is entitled to release and, if so, upon what conditions.
Effective December 1, 2013, applying to bail bonds executed before, on, or after that date.
|Intro. by Randleman.||GS 15A|
Amends GS 153A-149(c), whichpermits each county to levy property taxes at a rate of $1.50 per $100.00 on theappraised value of the taxed propertyfor one or more purposes listed in this subsection, to provide as an authorized purposeexpendingup to $250,000 per year to each charter school located within the county for the school's capital expenses. Makes a conforming change to GS 115C-238.29H(a1). Effective July 1, 2013.
As title indicates. Requires the Department of Public Instruction to report on the distribution of student enrollment by gender of high school students in career and technical education courses and any actions taken to broaden the variety of those classes offered, to the Joint Legislative Education Oversight Committee on or before March 15, 2014.
|Intro. by Clark.||UNCODIFIED|
Repeals GS 105-269.5, (Contribution of income tax refund to Wildlife Conservation Account).
Amends GS 105, Article 9, creating a new section GS 105-269.7 (Contribution by individual of income tax refund), providing that a taxpayer entitled to a refund can elect to contribute all or part of the refund to the Wildlife Conservation Account or to a local school administrative unit. These funds can only be used for the designated purpose and cannot be used to replace current appropriations for the entity.
These contributions are irrevocable upon the filing of an income tax return for the taxable year. If the taxpayer's liability, credits, or payments are changed, the Secretary will first reduce the contribution to the entity that was most recently authorized and then proceed in that order.
The Secretary of Revenue (Secretary) must provide a method for a taxpayer to make a contribution under this section through the income tax form or any other forms or schedules the Secretary deems appropriate. Instructions on the programs to which a taxpayer can contribute must be provided along with information on how the amount contributed will be used for only designated entities. Provides that collection by setoff, under GS Chapter 105A, has priority over any contributions made by this section.
Effective for taxable years beginning on or after January 1, 2013.
|Intro. by Clark.||GS 105|
Amends GS 95-25.14(a)(3), deleting the exemption for persons employed in providing companionship services for the aged and infirm from the Wage and Hour act, making them subject to the provisions and requirements of that act.
|Intro. by Clark.||GS 95|
Establishes the Workforce Displacement Benefit Program (Program) to provide uniform payments to workers displaced due to a mass layoff that the Governor has identified as a major distress event. The payments are to be made only after exhausting unemployment benefits. The Program is to be administered by the Governor's office and must include the following: (1) benefits that are triggered when the Governor designates a mass layoff (affecting at least 500 employees from a single facility or business entity within a locality within a 20 week period) as a major distress event; (2) a uniform payout amount that is set as the standard benefit for all displaced workers participating in the program; (3) a uniform period of eligibility for payments that is set for all displaced workers participating in the program; and (4) General Fund funding.
|Intro. by Clark.||UNCODIFIED|
The Daily Bulletin: 2013-04-01
As title indicates. Also amends the start date of the term of office for members of the Lee County Board of Education.
As the title indicates, beginning with the 2013-14 school year.
Effective July 1, 2013.
|Intro. by Stone.||Lee|
Authorizing the Robbinsville Town Council to levy a room occupancy tax of up to 3%. Provides that the tax must be levied, administered, collected, and repealed as provided in GS 160A-215 (uniform provisions for room occupancy taxes). Requires the Robbinsville Tourism Development Authority (TDA) to use at least two-thirds of the occupancy tax proceeds to promote travel and tourism in the town and the remainder for tourism-related expenditures. Mandates that at least one-third of the members of the TDA must be affiliated with businesses that collect the tax in the town and at least one-half must be currently active in the town's travel and tourism promotion. Makes conforming changes to GS 106A-215.
|Intro. by West.||Graham|
Amends GS 115C-84.2(d) to allow the Mooresville Graded School District board of education to determine the dates of opening and closing the public schools. Applies beginning with the 2013-14 school year.
|Intro. by R. Brawley, Turner.||Iredell|
The Daily Bulletin: 2013-04-01
Actions on Bills: 2013-04-01
H 259: HONOR EDWARD L. WILLIAMSON.
H 297: MATCHING FUNDS REPEAL.
H 457: TAXPAYER STANDING ACT.
H 462: INCREASE FAMILY COURT FEE.
H 473: NC CAPTIVE INSURANCE ACT.
H 475: FERRY TOLLING ALTERNATIVES.
H 482: MEDIATION AMENDMENTS.
H 487: HONOR THE STATE'S VETERANS.
S 518: HEALTHY MARRIAGE ACT.
S 520: WC/RECORD FULL IC HEARINGS.
S 522: NEW MARKETS JOBS ACT.
S 524: FERRY TOLLING ALTERNATIVES.
S 527: TRESPASS ON SCHOOL GROUNDS.
S 528: CLARIFY PETIT JUROR OATH.
S 532: FUNDS/NC CATALYST.
S 534: CDBG FUNDS/HOUSING.
S 535: CAREGIVER RELIEF ACT.
S 543: HONOR THE STATE'S VETERANS.
S 549: GUN PRIVACY.
S 558: TREASURER'S INVESTMENTS.
S 561: CHIROPRACTOR CO-PAY PARITY.
S 567: REDUCE REPEAT CRIMES.
S 576: HS CTE COURSE OPTIONS.
Actions on Bills: 2013-04-01
H 191: GRIFTON/DEANNEXATION.
H 318: WINSTON-SALEM/SEISMIC CODES.
H 490: LEE COUNTY ELECTIONS.
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