House committee substitute the 2nd edition makes the following changes. Deletes the proposed amendment to GS 131E-176(14o), which increased the threshold amount for major medical equipment requiring CON review from $750,000 to $1.5 million.
The Daily Bulletin: 2013-05-02
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The Daily Bulletin: 2013-05-02
Intro. by Torbett, Glazier, Collins. | GS 131E |
House committee substitute makes the following changes to the 1st edition.
Amends GS 47F-1-102(c), making a technical change.
Amends the definition for affiliate of declarant in GS 47-1-103, adding language stating that it refers to any person who succeeds to any special declarant rights, in addition to also referring to any person who controls, is controlled by, or is under common control with, a declarant. Makes organizational changes, setting out the requirements to establish if a person controls a declarant, for the purposes of this definition.
Amends subsection (c) of GS 47F-3-104 (Transfer of special declarant rights), providing that a person acquiring title to all of the specified property that is being foreclosed or sold, but only upon the person's request in an instrument recorded in every county in which any portion of the planned community is located, succeeds to all special declarant rights related to that property held by that declarant and requested by the person acquiring title, unless otherwise provided by a specified instrument or security (previously, provided for succeeding to any rights reserved in the declaration and held by that declarant to maintain sales offices, management offices, signs advertising the planned community, and models).
Amends GS 47F-3-104(d), making organizational changes.
Intro. by Bryan, Stam. | GS 47F |
House committee substitute to the 1st edition makes the following changes.
Amends GS 62A-41 to amend the membership of the 911 Board to require that the member appointed by the General Assembly upon the President Pro Tempore's recommendation who is a chief of police be appointed upon the recommendation of the North Carolina Association of Chiefs of Police.
Amends SL 2012-132 to provide that no operating standards set by the 911 Board under Article 3 of GS Chapter 62A are effective until January 1, 2015 (was, January 1, 2014).
Requires the Joint Legislative Emergency Management Oversight Committee to study five specified issues, including development of operating standards for Public Safety Answering Points, and administration of the 911 fund. Requires a report to the General Assembly on or before January 31, 2014.
All of the above provisions are effective when the act becomes law.
House committee substitute to the 1st edition makes the following changes. Deletes the proposed changes to GS 135-6 and instead amends the membership of the Board of Trustees Teachers' and State Employees' Retirement System (Board) as follows. Decreases the number of Board members from 14 to 13, reducing the number of members appointed by the Governor and confirmed by the Senate from ten to nine. Deletes the requirement that one member be an employee of the Board of Transportation, reduces by one the number of members who are not members of the teaching profession or state employees, and adds that one member must be an active or retired member of the NC National Guard appointed by the Governor for a term of four years commencing July 1, 2013.
Amends GS 128-28 to amend the membership of the Board of Trustees for the North Carolina Local Governmental Employees' Retirement System (Local Board) to decrease from seven to six the number of members of the Local Board that are members of the Board appointed under GS 135-6, to require only one of the two members appointed by the Governor not be members of the teaching profession or state employees (was, appoint three members who were not members of the teaching profession or state employees), and to add a member designated by the Governor who is an active or retired member of the Firemen's and Rescue Squad Workers' Pension Fund. Requires the Governor to designate six (was, seven) members on April 1 of years in which an election is held for Governor.
House committee substitute makes the following changes to the 1st edition.
Makes clarifying changes to GS 135-1(20), defining retirementas it applies to the Teachers' and State Employees' Retirement System, and GS 135-53(16), defining retirementas it applies to the Consolidated Judicial Retirement Act.
Deletes changes to GS 120-4.8, which amended the definition of retirementas it applied to the Legislative Retirement System.
Deletes changes to GS 135-101(3), defining benefitsas they applies to the Disability Income Plan of North Carolina (Plan).
Amends GS 135-105(d) to require that an employer notify the Planof the amount of short-term benefits and State Health Insurance premiums paid by the employer (was, notify the Plan of short-term benefits paid by the employer) for which the Plan is to reimburse the employer.
Makes a conforming change to GS 135-111 (Applicability of other pension laws).
Amends GS 135-18.11 to apply only to the improper receipt of a decedent'sretirement allowance (was, retirement allowance or disability benefit).
Makes a technical correction to GS 128-26(x).
Makes the amendmentsto statutes provided inSection 9 of this act, which deals with the improper receipt of a decedent's disability income or retirement allowance, effective December 1, 2013, and applies to acts committed on or after that date. Provides that the remainder of this act becomes effective July 1, 2013, (was, all of the provisions of the act were effective July 1, 2013).
House committee substitute to the 1st edition makes the following changes. Amends the declaration of policy and purpose to clarify that it is necessary to protect from costly damage underground facilities used for distributing communication, among other items.
Amends GS 87-119 (Costs associated with compliance; effect of permit) to provide that the statute will not affect costs related to the operation of the Notification Center apportioned to an operator.
Amends GS 87-120 (Notification Center; responsibilities) to require the Notification Center to maintain information concerning receipt of notification of proposed excavation and demolition activities as provided in the Article and information received from operators concerning the location of the operators' facilities and the operators' positive responses to marking of the facilities. Provides that the Notification Center is not responsible for identifying or marking facilities for operators. Also provides that the Notification Center is not an agency of the state or any of the state's political subdivisions and is not subject to the provisions of GS Chapters 132 or 133. Amends the definition of Notification Center in GS 87-117 to remove these same provisions from the definition. Also amends GS 87-120 to require each engineering division of the Department of Transportation established under GS 136-14.1 to join the Notification Center by October 1, 2016. Requires all operators who do not meet one of the specified criteria in this statute (was, in the statute and Divisions 1-14 in the Department of Transportation, Transportation Program and Asset management function), to join no later than October 1, 2016.
Makes a clarifying change to GS 87-123.
Amends GS 87-128 to require the Office of the State Fire Marshall to submit a report detailing a violation of the Article by any contract locator, excavator, locator, operator, or other person to the NC Utilities Commission, which must then hold a hearing to determine the severity of the violation and assess a civil penalty.
Enacts new GS 87-129 (and renumbers already proposed GS 87-129 as GS 87-130) to authorize the Office of State Fire Marshall (Office) to receive funds from the US Department of Transportation for the regulation of facilities. Requires operators to pay a fee to the Office to fund investigation of violations, with the fee based on the number of miles of facilities the operator owns, operates, or maintains in the state, not to exceed $1 per mile.
Intro. by Hager, Moffitt, Murry. | GS 87 |
House amendment to the 2nd edition makes the following changes. Requires the Department of Health and Human Services to make an interim report on or before June 1, 2013 (was, May 1, 2013), on the implementation of the act.
Intro. by Dollar. | UNCODIFIED |
House committee substitute makes the following changes to the 1st edition. Amends proposed GS 115C-452(b) to provide that one-half (was, all) of the clear proceeds of all penalties and forfeitures and of all fines collected in the General Court of Justice in Wake County in specified types of cases are to be remitted by the clerk of the superior court to the Department of Public Instruction for distribution to local school administrative units across the state and specifies that the distribution is to be based on average daily membership. Requires the Department of Public Instruction (was, clerk of superior court) to determine what portion of the total is due to each local school administrative unit in the state. Amends the act's title.
House committee substitute to the 1st edition makes the following changes. Amends GS 20-138.2B to also make it a crime to operate a firefighting vehicle on any highway, street, or public vehicular area while consuming alcohol or while alcohol remains in the person's body. Adds the provision that statute does not apply to law enforcement officers acting in the course of and within the scope of their official duties. Makes conforming changes to the act's title.
Intro. by Elmore, McNeill, Jackson. | GS 20 |
House committee substitute makes the following changes to the 1st edition.
Changes the long title.
Amends GS 62-157 (Telecommunication relay service), providing two new terms and definitions: prepaid wireless telecommunications service and voice communications service connection.
Amends GS 62-157(a2), providing specified providers will submit a monthly relay service surcharge, set by the Utilities Commission (Commission), to the State Treasurer. The surcharge will be used to fund a statewide telecommunications relay service by which hearing-impaired, speech-impaired, or vision-impaired individuals can communicate with others by voice communication (telecommunications relay service). The surcharge is payable by the subscriber to the voice communications service provider and can be assessed and stated as a separate charge. The surcharge is not includable in the gross receipts subject to sales tax under GS 105-164.4C. Deletes previously proposed language in (a2).
Amends GS 62-157(b), providing that the Commission will require (was, allow) local service providers to remit (was, impose) a monthly surcharge on all residential and business local exchange access facilities to fund the telecommunications relay service to the State Treasurer. Deletes language providing that the revenue raised pursuant to the surcharges are not includable in gross receipts of the franchise tax under GS 105-120, or sales tax, GS 105-164.4.
Amends GS 62-157(c), clarifying that if the surcharge is assessed separately on customer bills, then the surcharge must be identified as a special surcharge for the provision of a telecommunications relay service.
Amends GS 62-157(d), providing that the local service providers must remit the surcharge and deposit the moneys collected with the State Treasurer (previous edition provided that the providers could collect the surcharge from their customers and whether collected from customers or not, the providers were required to remit an equivalent amount of the surcharge to the State Treasurer).
Deletes changes made to GS 62-157(d1).
Amends GS 62-157(f), adding language that specifies that the long distance revenues collected under this subsection are not includable in the gross receipts to the sales tax levied under GS 105-164.4C.
Amends GS 62-157(i), providing that a CMRS provider, other than prepaid wireless service providers, must remit the telecommunications relay surcharge for each voice communications service connection. Clarifies that the CMRS provider will remit the surcharge collected to the State Treasurer, then to be deposited in the specified special account. Deletes changes to the subsection from the previous edition. Makes clarifying and technical changes.
Amends GS 62-157(j), making clarifying and conforming changes and also requires the VoIP provider to remit surcharge for each voice service connection.
Amends GS 105-164.13(54), regarding telecommunications services and charges, creating two new subdivisions, providing that long distance revenues collected from users of telecommunications relay service under GS 62-157(f) and the telecommunications relay service surcharge collected under GS 62-157 are exempt from taxes imposed under GS 105‑164.13. Requires certain recordkeeping of the amounts of surcharge collected if the surcharge is not assessed separately on customer bills.
House amendment makes the following changes to the 2nd edition.
Amends GS 163-111(e1), providing, in regards to the option for voting centers during a second primary, that plans adopted under this subsection for the opening of a limited number of voting sites during a potential second primary will not be implemented if the second primary includes any race other than a statewide or federal office on the ballot.
Intro. by Jordan, Michaux. | GS 163 |
House amendment to the 2nd edition of the act makes the following changes. Adds a new section, the intent of which is to codify the finding in the case of Rockford-Cohen Group, LLC, V. North Carolina Department of Insurance, et al., where the Superior Court's order preliminarily enjoined the defendants from enforcing SL 2012-183 in part because it found that the session law violated Section 32 and 33 of Article 1 of the NC Constitution. Repeals SL 2012-183 (providing for the pre-licensing and continuing education of bail bondsmen and runners). Effective retroactively to October 1, 2012.
Intro. by Collins, Dockham. | GS 58 |
House committee substitute makes the following changes to the 1st edition.
Deletes the repeal of GS 143-135.9(a)(3), regarding best value procurements.Deletes changes to the following General Statutes: (1) 147-33.72C(e), performance contracting; (2) 147-33.91(a),responsibilities of the state Chief Information Officer (CIO)as general coordinating authority for all telecommunication matter with respect to state agencies; (3) 147-33.92(b), listing organizations and entities to share in broadbandtelecommunication services on a not-for-profit basis;(4) 150B-2(8a), definitions as used in GS Chapter 150B; (5) 147-33.76, duties, qualification, and appointment of the CIO; (6) 147-33.111, CIO approval of security standards and assessments; and (7) 147-33.112, assessment of agency compliance with security standards.
Amends GS 143-33.72C(e) to reinstate provisions regarding performance contracts that were amended in the 1st edition. Again provides that the CIO may require (changed to must require in 1st edition) that the provisions of performance contracts require a performance bond.Makes a clarifying change. Also amends new subsection (f) to provide that any state agency developing and implementing an information technology project with a total cost of ownership in excess of $5 million may be required by the CIO to engage the services of private counsel (was, required the state agency to engage private counsel) or subject matter experts to review information and provide advice and assistance. Provides that this review and advice requirement may also apply (was, shall apply)to information technology programs separated into individual projects when costs for the overall program is more than $5 million.
Amends GS 147-33.77(a) to reinstate all of the provisions deleted in that subsection in the 1st edition except retains the deletion of the inclusion of these employees under the State Personnel Act. Makes a conforming change to GS 126-5(c1) in the State Personnel Act.
House committee substitute to the 1st edition makes the following changes. Amends GS 163-82.14 to require that a data sharing agreement require the other state(s) to comply with GS 163-82.10 (Official record of voter registration) and GS 163-82.10B (Confidentiality of date of birth).
Intro. by Jones, Jordan, Conrad, Speciale. | GS 163 |
The House committee substitute to the 1st edition makes the following changes. Deletes the provisions of the 1st edition and replaces it with the following. Requires the State Board of Education (SBoE) to establish rules for awarding credit for salary purposes to principals, assistant principals, and teachers who served in the US Armed Forces and who have retired or who have received an Honorable Discharge. Specifies what is to be included in the rules, including how much credit to be awarded for each year of relevant nonteaching experience. Requires the SBoE to establish specific criteria within the rules for determining the relevance of nonteaching work experience that is to be credited towards an individual's total license experience rating for salary purposes and specifies components that are to be included in the criteria. Requires the SBoE to report to the Joint Legislative Education Oversight Committee by December 1, 2013, on the rules. Effective when the act becomes law and applies to military veterans employed by local school administrative units in the 2014-15 school year and beyond. Amends the act's long title.
Intro. by Murry, Whitmire, Szoka, Pierce. | UNCODIFIED |
House amendment to the 1st edition makes the following changes. Amends proposed GS 120-19.10 to remove the requirement that the Senate chair convene and preside over the joint meeting during odd-numbered years and the House chair do so in even-numbered years. Adds the agency's response, in addition to the Auditor's report, to the items that must be reviewed in determining whether any of the recommended efficiencies or improvements require legislative action.
Intro. by Torbett. | GS 120 |
House committee substitute makes the following changes. Deletes the provisions of the 1st edition and replaces it with the following. Requires the Legislative Research Commission to study issues related to responsibility for carrying out the obligations on owners of subdivided real property, including the need to provide for contingencies resulting from abandonment or foreclosure of the property. Specifies issues to be considered, including the impact on local governments, on the environment, and on neighboring property owners. Updates the act's titles.
Intro. by Torbett. | STUDY |
House committee substitute makes the following changes to the 1st edition.
Amends GS 15A-533(f), which creates a rebuttable presumption that no condition of release will reasonably assure the appearance of the person as required for the safety of the community if the person is unlawfully present in the US and there exists reasonable cause to believe that they committed a certain, specified offense, establishing that when the rebuttable presumption is based on a driving offense, it must be based on a driving offense that requires a mandatory drivers license revocation on a first conviction. Establishes that for a rebuttable presumption based on a drug offense, it must be a drug offense other than a violation for mere possession of a controlled substance. Also provides that the presumption applies if the person committed a violent felony or any criminal offense other than a violation of GS 14-33(a) that includes assault as any essential element of the offense or as an aggravating factor.
Creates new GS 15A-534.7 (Pretrial release of certain undocumented aliens), establishing that in cases in which the defendant is an alien that (1) is not lawfully present in the US, and (2) is charged with a felony or a Class A1 misdemeanor, the judicial official will require the defendant to execute a secured appearance bond as a condition of pretrial release.
Amends GS 148-2.1, providing that an undocumented alien prisoner will only be required to reimburse the state for the actual cost of incarceration after becoming convicted of a crime (previously, a conviction for a crime was not required to compel reimbursement).
Adds to the requirements that must be met in GS 64-10 for admitting a record relating to immigration status without further foundation or testimony. Provides procedure for when an attorney files or fails to file a written objection.
Amends GS 15A-306 (Certain documents not acceptable as identification), providing that a matricula consular or other similar document issued by a consulate or embassy of another country, except for a valid passport, is not acceptable in determining a person's actual identity or residency (previously, an exception for a valid passport was not provided).
Amends GS 153A-449(b), 160A-20.1(b), 143-129(j), 143-48.5, and 147-33.95(g), making a clarifying change, deleting language that required registering and participating in E-verify to verify the work authorization of new employees and replacing it with a requirement to comply with the requirements of Article 2 of GS Chapter 64 (provisions which require the use of E-verify).
Amends the definition of criminal history in GS 20-4.01 to exclude disturbing the public peace, misdemeanor marijuana possession, worthless checks, misdemeanor larceny, shoplifting, or public drunkenness.
Amends GS 20-7(t)(5), provisions allowing the issuance of a restricted drivers permit or restricted identification card to an applicant that is present in the US and meets certain requirements, including meeting all other requirements for a drivers license, including proof of financial responsibility to provide that, for the purposes of this section, the insurance policy that is the basis of proof for financial responsibility is required to have been prepaid for a period that is at least as long as the entire period during which the restricted drivers permit will be effective (previous edition did not establish requirements for proof of financial responsibility).
Deletes Section 10, new GS 20-28.10, from the act.
Creates new GS 20-28.10, (Seizure, impoundment, forfeiture of motor vehicles for certain other offenses under this Chapter), establishing that a vehicle driven by a person who commits either (1) a violation of GS 20-313, (2) driving without a license under GS 20-7, or (3) driving without a restricted drivers permit under GS 20-7, will be subject to seizure, impoundment, and forfeiture. Sets out conditions, which when satisfied, prevents a vehicle from becoming subject to an order of forfeiture. Provides that the laws and procedures by which the seizure, impoundment, and forfeiture of vehicles, as provided for under this section, will be the same as those set forth in GS 20-28.2 through 20-28.9. Provides that wherever those statutes refer to a particular underlying offense, for the purposes of this section, it should be construed to refer to the applicable violation or offense as provided for in subsection (a) of this section. Additionally, for the purposes of this section, an innocent owner refers to a person that did not know and had no reason to know that the defendant was engaging in a violation of subsection (a).
Adds a severability clause.
House committee substitute makes the following changes to the 2nd edition.
Amends GS 136-76(b2) to reinstatean annual appropriation of $112 million from the Highway Trust Fund to the NC Turnpike Authority and reinstates the dollar amountsin specified funding for the construction of Mid-Currituck Bridge ($28 million) and the construction of the Garden Parkway ($35 million). (Amendments to the 1st editiondecreased the annual appropriation forthe Turnpike Authority from the Highway Fund from $112 million to $49 million and deleted specified funding for the Mid-Currituck Bridge and for the Garden Parkway.)
Amends GS 136-89.183 to reinstate authorization for the Turnpike Authority to include the Garden Parkway, Cape Fear Skyway, and a bridge of more than two miles in length going from the mainland to a peninsula bordering Virginia among its Turnpike Projects. Makes conforming changes. Provides that the projects (was, two of the projects)must be ranked in the top 35 based on the total score on the "Mobility Fund Project Scores" list dated June 6, 2012.
House amendment to the 2nd edition makes the following changes. Deletes the requirement that the State Board of Education report on the elimination of reporting requirements and the reduction or changes in the data entry workload for local school administrative units due to the PowerSchool application or any other component of the Instructional Improvement System. Instead, states the General Assembly's priorities and in order to implement those priorities requires the Joint Legislative Education Oversight Committee to study the following: (1) the elimination of reporting requirements, (2) reduction or changes in the data entry workload for school administrative units, and (3) the availability of evaluable performance and outcome data and information as a result of the implementation of the PowerSchool application or any other component of the Instructional Improvement System. Requires a report to the 2014 Regular Session of the 2013 General Assembly concerning the impact of the implementation of the PowerSchool application or any other component of the Instructional Improvement System.
Intro. by Martin, Horn, Johnson, Whitmire. | GS 115C |
The Daily Bulletin: 2013-05-02
Senate committee substitute to the 1st edition makes the following changes.
Deletes proposed changes to GS 20-139.1(a). Moves proposed language in (c2) concerning the affidavit completed by the analyst into (e1) and makes clarifying changes. Adds that the affidavit must include that the evidence was handled in accordance with established and accepted procedures within the custody of the lab. Provides in (e1) that an affidavit by an analyst sworn to and properly executed before an official authorized to administer oaths is admissible in evidence without further authentication and without the testimony of the analyst in any hearing or trial in any criminal proceeding (was, in District Court Division) with respect to the specified matters. Makes additional technical and clarifying changes.
Intro. by Davis. | GS 20 |
Senate committee substitute to the 1st edition makes the following changes. Amends GS 58-86-95(h) to make the felony forfeiture provision effective upon conviction of an offense listed in new GS 58-86-100 (was, GS 126-38.5).
Amends SL 2012-193, Section 17, to add convictions under GS 58-86-100(b) to those for which the prosecutor must notify the State Treasurer according to the memorandum of agreement between the State Treasurer and the US Attorneys for the Eastern, Middle, and Western Districts of North Carolina.
Senate committee substitute makes the following changes to the 1st edition.
Deletes all the changes to subsections (c), (d), and (f) of GS 15-11.2.
Further amends subsection (e)to reinstate a provision removed in the 1st editionthatvests the authority in the judgeto order thedisposition ofthe firearmafter the hearing (was, authorized the SBI, at the discretion of the agency director, to determine the disposition of the firearm). Also reinstates the original language of subdivision (1) of subsection (e), which provides that the judge has the option of ordering the firearm to be turned over to be destroyed to the sheriff of the county in which the audience applying for the disposition order is located. Also makes conforming changes to reinstate language to subdivision (2) that was deleted in the 1st editionbut retains amendment to this subdivision which authorizes a judge to order the sale of an abandoned firearm to licensed firearms collectors, importers, or manufacturers at public auction.
Intro. by Brock. | GS 15 |
Senate committee substitute to the 1st edition makes the following changes. Amends statutes throughout the act to make the language gender-neutral.
Provides that any person who has met the qualifications for licensure and has been issued a license by the State Board of Examiners for Nursing Home Administrators on or before the effective date of Section 1 of the act is deemed to have complied with the licensure requirements of GS 90-278(1). Makes Section 1 of the act effective January 1, 2015, with the remainder of the act effective when the act becomes law.
Intro. by Tucker. | GS 90 |
Senate amendment #1 makes the following changes to the 2nd edition.
Amends GS 53-180.1 (Military service members limitation), providing that no licensee will contact a military service member or member's spouse by phone or email, for the purposes of collecting on the loan, when the military service member has been deployed to a theater of combat (previously, only provided for no contact to the military service member, not spouse).
Senate amendment #2 makes the following changes to the 2nd edition.
Amends GS 53-177(b) (Late fees), providing that if a late payment fee has been imposed once, with respect to a particular late payment, no such fee can be imposed with respect to any future payment which would have been timely and sufficient but for the previous default.
Senate amendment #5 makes the following changes to the 2nd edition.
Deletes GS 53-176(a)(1), (2), and (3). Enacts new GS 53-176(1) and (2), providing that loans issued in accordance with GS 53-176(a) cannot charge interest that exceeds the following actuarial rates:
(1) With respect to a loan not exceeding $10,000, cannot exceed 30% per annum on that part of the unpaid principal balance not exceeding $5,000 and cannot exceed 24% per annum on that part of the remainder of the unpaid principal balance.
(2) With respect to a loan exceeding $10,000, cannot exceed 18% per annum on the outstanding principal balance.
Senate amendment #6 makes the following changes to the 2nd edition.
Makes technical and clarifying changes to GS 53-176(a).
Intro. by Gunn, Newton, Clodfelter. | GS 53 |
Senate committee substitute to the 1st edition makes the following changes. Adds a severability clause.
Intro. by Goolsby. | GS 14 |
Senate committee substitute makes the following changes to the 1st edition. Amends GS 108D-5 to provide that an enrollee, or a network provider authorized in writing to act on behalf of an enrollee, receiving a grievance disposition has no right to the administrative appeal procedures described in GS 108D-6, GS 108D-7, and GS 108D-8 (previous edition allowed filing a request for an LME/MCO level appeal of a grievance disposition). Makes conforming changes throughout the act.
Amends GS 108D-6 to require an LME/MCO to provide an enrollee, at least 10 days before the effective date of the manage care action, with written notice of a managed care action and of the enrollee's right to appeal the managed care action (previous edition did not specify time frame for notice). Notice is not required for an enrollee's parent, guardian, or legal representative unless it has been requested in writing. Specifies 12 items that are to be included in the notice.
Amends GS 108D-8 to provide that the Office of Administrative Hearings (OAH) does not have jurisdiction over a dispute involving a managed care action except as expressly set forth in the chapter. Requires the LME/MCO be the respondent for purposes of the appeal. Allows the LME/MCO or enrollee to move for the permissive joinder of the Department of Health and Human Services (DHHS) under Rule 20; allows DHHS to move to intervene as a necessary party. Requires, in regards to contested case hearings, that an in-person hearing be conducted in the county that contains the headquarters of the LME/MCO, but allows the hearing to be conducted in the enrollee's county of residence, or a nearby county, for good cause. Good cause includes the enrollee's impairments limiting travel or the unavailability of the enrollee's treating professional witnesses. Provides that the simplified procedure may include requiring that all prehearing motions be considered and ruled on by the administrative law judge in the course of the hearing of the case on the merits (was, the judge must consider and rule on all prehearing motions before the scheduled date for a hearing on the merits). Adds that upon receiving an appeal request or a request for a hearing, OAH must immediately notify the Mediation Network of NC, which must contact the recipient within five days to offer mediation in an attempt to resolve the dispute. Sets out requirements if mediation is accepted. If the parties have resolved matters in the mediation, OAH must dismiss the case. Amends the burden of proof provision to provide that the enrollee has the burden of proof to show entitlement to a requested benefit or the propriety of requested action when the LME/MCO has denied the benefit or refused to take the particular action; the agency has the burden of proof when the appeal is from a managed care action to impose a penalty or to reduce, terminate, or suspend a previously granted benefit.
Amends proposed language in GS 122C-3(20c) to provide that local management entity/managed care organization means an LME that has been approved by DHHS to operate the 1915(b)/(c) Medicaid Waiver (was, approved by DHHS to operate a managed care organization or prepaid inpatient health plan in accordance with 42 CFR Part 438).
Deletes proposed language in GS 122C-3 and instead provides that the statute does not apply to enrollee grievances or appeals subject to GS Chapter 108D.
Deletes proposed changes to GS 84-2.1 (practice law defined).
Amends GS 150B-23 to allow a Medicaid enrollee, or network provider authorized in writing to act on behalf of the enrollee, who appeals a notice of resolution to commence a contested case under the Article in the same manner as any other petitioner.
Requires DHHS, on or before December 1, 2013, to submit to the Centers for Medicare and Medicaid Services a Medicaid State Plan Amendment necessary to implement the act.
Makes the act effective June 1, 2014 (was, July 1, 2013), and makes it effective contingent on approval by the Centers for Medicare and Medicaid Services. Requires DHHS to report to the Revisor of Statutes when approval is obtained and the date of the approval.
Amends the act's long title.
House committee substitute makes the following changes to the 1st edition.
Amends GS 15A-534 to clarify that the person who provides an appearance bond (surety)is automatically released from the obligation under that bond whenever any of the listed events occur. Enacts new subsection (h1) toclarify that the surety,as defined in GS 15A-531(8), would be automatically released from the obligation on the bond 36 months from the date of release of a bail bond where the defendant is charged with a misdemeanor. Provides that the obligation of the defendant on the bail bond remains until it terminates under other provisions of this section. Deletes subdivision (5), moving some of the content of that section to new subsection (h1) anddeleting provision that directs the judicial official to determine whether a defendant is again entitled to release and the conditions of that release when the obligation automatically terminates for the obligor in the specified circumstance.
Directs the Administrative Office of the Courts to modify the appearance bond and release form to provide a bond principal with notice of the provisions in GS 15A-534(h1). Requires professional bondsmen or insurance companies obligated on a bond subject to termination under theapplication of this act that was executed before the effective date of the actto provide written notice to the defendant that his or her obligation on the bond will terminate 36 months after the bond was providedor 30 days after the notice was mailed, whichever date is later.
Intro. by Randleman. | GS 15A |
Senate amendment #3 makes the following changes to the 2nd edition.
Changes the long title.
Amends GS 160A-174(c) and GS 153A-121(a2), providing that the limitations set out in GS 160A-174(b)(5a) and GS 153A-121(a1)(6) do not apply, regarding the preemption of ordinances of cities, or counties, if they are or continue to be required by an act of the General Assembly or US Congress that expressly requires the city or county to adopt an ordinance.
Deletes the provisions found in Part VII, titled Permit Longer Alternative Energy Leasing Periods. Creates new Section 7(a), which allows all cities to lease city-owned property for the siting and operation of a renewable energy facility for up to 25 years (previous edition provided similar language, but included different effective dates). Creates a Section 7(b), which amends Section 3 of SL 2010-57, regarding renewable energy facilities, providing that the act is effective when it becomes law, but Section 1 expires June 30, 2015 (was, entire act expired June 30, 2015).
Senate amendment #4 makes the following changes to the 2nd edition.
Amends subsection (d2) of GS 143-215.1 (Control of sources of water pollution; permits required), providing that all permits issued pursuant to this section for which an expiration date is specified, excluding permits issued pursuant to subsection (c) of this section, will be issued for a term not to exceed eight years (was, not to exceed 10 years).
Amends subsection (d1) of GS 143-208 (Control of sources of air pollution; permits required), providing that all permits issued pursuant to this section, excluding Title V permits issued pursuant to this section, will be issued for a term not to exceed eight years (was, not to exceed 10 years).
Senate committee substitute to the 1st edition makes the following changes.
Amends GS 14-151 to make all violations of the statute punishable as follows [was, specified different punishments for violations of (1)-(8) and (9)-(10)]: violations are a Class 1 misdemeanor; second and subsequent violations are a Class H felony; violation resulting in significant property damage or public endangerment is a Class F felony; unless covered under some other provision providing for a greater punishment, a violation that results in the death of another is a Class D felony. Makes technical changes.
Amends the act's titles.
Intro. by Newton. | GS 14 |
House committee substitute to the 1st edition makes the following changes. Amends GS 62-100 to change the term electric membership cooperative to electric membership corporation. Provides that the act applies to certificates of environmental comparability (was, capability) and public convenience and necessity issued on or after the date that the act becomes law.
Intro. by Newton. | GS 62 |
The Daily Bulletin: 2013-05-02
House committee substitute to the 1st edition makes the following changes. Allows Clinton to use the design-build method of constriction for the construction or renovation of buildings, facilities, and infrastructure owned by the city (was, for any road, water, sewer, sidewalk, public facility, and any other public infrastructure). Allows the city to use the authority for up to two projects (was, the act applied only to two specified projects) and requires that the projects be awarded on or before June 30, 2015.
Intro. by L. Bell, Brisson. | Sampson |
House committee substitute to the 1st edition make the following changes. Provides that if Cornelius, Davidson, Huntersville, Mooresville, or Troutman has adopted a noise ordinance under GS Chapter 160A (was, those cities may enforce ordinances adopted under GS Chapter 160A, the city's charter, or a local act enacted by the General Assembly), it may enforce the noise ordinance on the waters of Lake Norman extending 2,500 feet from the 760 foot elevation line on the shore within, and adjacent to, the city corporate limits. Makes conforming changes to the act's titles.
Intro. by Jeter. | Iredell, Mecklenburg |
A BILL TO BE ENTITLED AN ACT AUTHORIZING THE TOWN OF WEDDINGTON TO ENTER INTO LONG-TERM AGREEMENTS WITH VOLUNTEER FIRE DEPARTMENTS TO PROVIDE FIRE PROTECTION SERVICES TO THE CITIZENS OF THE TOWN. Enacted May 2, 2013. Effective May 2, 2013.
Intro. by Horn. | Mecklenburg, Union |
A BILL TO BE ENTITLED AN ACT TO ALLOW BUNCOMBE COUNTY TO USE THE DESIGN-BUILD METHOD OF CONSTRUCTION. Enacted May 2, 2013. Effective May 2, 2013, and expires June 30, 2016.
Intro. by Ramsey, Moffitt. | Buncombe |
House committee substitute makes the following changes to the 1st edition. Changes the effective date from July 1, 2013, to June 30, 2013.
Intro. by Rules, Calendar, and Operations of the House. | Henderson |
The Daily Bulletin: 2013-05-02
Actions on Bills: 2013-05-02
H 46: HONOR ED JONES.
H 55: REFORM WORKFORCE DEVELOPMENT.
H 83: ENACT CON COMMITTEE RECOMMENDATIONS.
H 149: CAYLEE'S LAW/REPORT MISSING CHILDREN.
H 172: CLARIFY LEC PROCEDURES/TC.
H 179: JOINT AGENCIES SALES & EXCISE TAX EXEMPTIONS.
H 200: REQUIRE CERTAIN GENERAL REAPPRAISALS.
H 217: CRIMINAL LAW/PROCEDURE AMENDMENTS.
H 311: REPEAL LITERACY TEST.
H 327: FIRE AND RESCUE PENSION REVISIONS OF 2013.-AB
H 330: PLANNED COMMUNITY ACT/DECLARANT RIGHTS.
H 331: HOAS/UNIFORM LIEN PROCEDURE.
H 345: INCREASE PENALTIES FOR MISUSE OF 911 SYSTEM.
H 357: RETIREMENT GOVERNANCE CHANGES ACT OF 2013.-AB
H 358: RETIREMENT TECHNICAL CORRECTIONS.-AB
H 361: JUSTICE REINVESTMENT TECHNICAL CORRECTIONS.-AB
H 388: ASSIGNED COUNSEL/AMEND AND CLARIFY.-AB
H 402: TRICARE SUPPLEMENT FOR FLEX ACCOUNTS.
H 405: JUDGE AND CLERKS/CONCEALED HANDGUN PERMIT (NEW).
H 417: MODIFY INTERNAL AUDITING STATUTES.
H 457: TAXPAYER STANDING ACT.
H 459: CHRONIC CARE COORDINATION ACT.
H 460: EXPEDITE VOTER LIST MAINTENANCE.
H 462: INCREASE FAMILY COURT FEE.
H 476: REWRITE UNDERGROUND DAMAGE PREVENTION ACT.
H 484: PERMITTING OF WIND ENERGY FACILITIES.
H 488: REGIONALIZATION OF PUBLIC UTILITIES.
H 492: SAFEGUARD QUALIFIED INDIVIDUALS-MEDICAID PCS (NEW).
H 497: DISTRIBUTE SOME CRIMINAL PENALTIES STATEWIDE.
H 515: AMEND CREDIT UNION LAWS.
H 522: FOREIGN LAWS/PROTECT CONSTITUTIONAL RIGHTS (NEW).
H 532: NO DRINKING IN EMS & LAW ENFORCEMENT VEHICLES.
H 552: REMOVE AREA FROM COUNTY SERVICE DISTRICT.
H 558: SOIL & WATER/REGIONAL JAILS REFUNDS (NEW).
H 578: HONOR TOWN OF STEDMAN.
H 581: TROPHY WILDLIFE SALE PERMIT.
H 585: PREA COMPLIANCE.
H 598: TRS SURCHARGE MODERNIZATION.
H 616: TRANSITIONAL MORTGAGE LOAN ORIGINATOR.
H 648: VOTE CENTERS FOR SECOND PRIMARIES.
H 649: SMALL GROUP HEALTH INS. TECHNICAL CHANGES.
H 650: GUARANTY ASSOCIATION ACT AMENDMENTS.
H 692: AMEND PREDATORY LENDING LAW.
H 700: OMNIBUS STATE IT GOVERNANCE CHANGES.
H 708: STUDY PUBLIC ENTERPRISE SYSTEMS/USE OF FUNDS (NEW).
H 712: CLARIFYING CHANGES/SPECIAL ED SCHOLARSHIPS
H 716: CLARIFY LAW/PROHIBIT SEX-SELECTIVE ABORTION.
H 734: INTERSTATE AGREEMENTS TO IMPROVE VOTER ROLLS.
H 754: LEASE PURCHASE OF REAL PROPERTY/COMM. COLL.
H 762: AMEND CERTAIN BAIL BOND PROCEDURES.
H 767: CORPORAL PRUITT RAINEY BRASS TO CLASS ACT.
H 778: IMPLEMENT EFFICIENCES IN STATE GOVERNMENT.
H 779: LRC STUDY INFRASTRUCTURE/FORECLOSED PROPERTY (NEW).
H 783: PYROTECHNICS TECHNICAL AND CONFORMING CHANGES.
H 786: RECLAIM NC ACT.
H 807: BUILDING CODE COUNCIL/POST CODE ONLINE.
H 809: GAME NIGHTS/NONPROFIT FUNDRAISERS.
H 817: STRATEGIC TRANSPORTATION INVESTMENTS (NEW).
H 821: TRIAD FARMERS MKT/RENAME FOR SEN. BOB SHAW.
H 830: ADOPT STATE SYMBOLS.
H 839: PUBLIC SCHOOL REPORTING REFORM.
H 867: MEDICAID COUNTY OF RESIDENCE.
H 872: PROTECT NC RIGHT-TO-WORK.
H 896: SUPERINTENDENT DESIGNEE/EMPLOYMENT HEARINGS.
H 898: HONOR WALTER CHURCH.
H 903: UNC & COMM. COLLEGE CREDIT TRANSFERS.
H 935: NC PRE-K LAW CHANGES.
H 1006: UTILITIES COMMISSION CONFIRMATION.
H 1007: CONFIRM AYERS AS EXEC DIRECTOR NCUC.
H 1008: HONOR DELTA SIGMA THETA'S FOUNDERS.
S 58: CLARIFY STATUTE OF REPOSE (NEW).
S 59: ARMED SECURITY GUARDS IN K-12.
S 83: ENCOURAGE VOLUNTEER CARE IN FREE CLINICS.
S 98: REQUIRE PULSE OXIMETRY NEWBORN SCREENING.
S 117: LILY'S LAW.
S 129: LIMIT STATE FACILITIES FINANCE ACT DEBT.
S 279: ESTATES/TRUSTS/GUARDIANSHIP AMENDMENTS.
S 285: DWI CASES/NO ILAC REQUIRED (NEW).
S 304: FIRE AND RESCUE PENSION REVISIONS OF 2013.
S 320: IMPROVE ED. FOR CHILDREN WHO ARE DEAF.
S 337: NC CHARTER SCHOOL ADVISORY BOARD (NEW).
S 341: AMEND INTERBASIN TRANSFER LAW.
S 354: REVISE AUDITOR'S RESPONSIBILITIES.-AB
S 368: COUNTY/SHERIFF FEE CHANGES/FELONY ESCAPE (NEW).
S 372: OMNIBUS COUNTY LEGISLATION.
S 430: CLARIFY ELECTRIC LOAD CONTROL PROCESS.
S 443: DISPOSITION OF ABANDONED FIREARMS (NEW).
S 456: DESIGNATE PRIMARY STROKE CENTERS.
S 476: NC CAPTIVE INSURANCE ACT.
S 486: PERTUSSIS EDUCATION & AWARENESS.
S 488: AMEND NURSING HOME ADMINISTRATOR ACT/FEES.
S 489: CONSUMER FINANCE ACT AMENDMENTS.
S 493: 2014 REGULATORY REFORM ACT (NEW).
S 507: ELIMINATE OUTDATED ENV. REPORTS.
S 530: PROHIBIT E-CIGARETTE SALES TO MINORS.
S 547: ENERGY SAVINGS CONTRACTING AMENDMENTS.
S 553: LME/MCO ENROLLEE GRIEVANCES & APPEALS.
S 557: NC PRE-K FUNDING PILOT (NEW).
S 558: TREASURER'S INVESTMENTS.
S 574: GROUNDWATER CONTAMINATION/MODIFY RESPONSE (NEW).
S 612: REGULATORY REFORM ACT OF 2013.
S 634: INCREASE PENALTIES/UTILITIES THEFT (NEW).
S 635: TRANSMISSION LINE OWNERSHIP.
Actions on Bills: 2013-05-02
H 133: CHARLOTTE AIRPORT COMMISSION CLARIFICATIONS.
H 143: EDEN PAYMENT IN LIEU OF TAXES.
H 186: TOWNS ENFORCE NOISE ORDINANCES/LAKE NORMAN (NEW).
H 196: WS/FC SCHOOL BOARD VACANCIES.
H 234: CLARIFY PENDER COUNTY ABC LAWS (NEW).
H 347: AMEND GREENSBORO FIRE RETIREMENT/CHARTER (NEW).
H 412: EDEN/DUKE ENERGY/ANNEXATION AGREEMENT.
H 418: BUNCOMBE CULTURE & REC. AUTHORITY (NEW).
H 421: MARSHVILLE DEANNEXATION.
H 506: WEDDINGTON/FIRE DEPT AGREEMENTS.
H 523: PITT CO. BD. OF EDUCATION.
H 526: CHADBOURN VOLUNTARY ANNEXATION.
H 551: AMEND WILMINGTON FIREFIGHTERS' RELIEF FUND.
H 555: DESIGN-BUILD/BUNCOMBE.
H 671: MILLS RIVER/DEANNEXATION.
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