House committee substitute makes the following changes to the 2nd edition:
Changes the short and long titles.
Enacts new GS 143-215D, Agricultural operation investigations confidential, providing that complaints and records associated with environmental investigations for agricultural operations are confidential records and can only be released by court order. Also enacts new GS 143-215.9E, which provides that DENR can request additional information from the complainant. Also allows DENR to accept or decline to further investigate any complaint about agricultural operations if an initial review leads to a finding to believe that a complaint is frivolous or was filed in bad faith.
Directs DENR to adopt rules in order to develop a formal system for receiving, investigating, and responding to environmental complaints about agricultural operations.
Enacts new GS 106-678 prohibiting local governments from adopting or continuing in effect any ordinance or resolution regulating fertilizer. Provides that the statute does not prevent local governments from exercising planning and zoning authority, or fire prevention or inspection authority, nor does it limit the authority of DENR or the EMC to enforce water quality standards. Also provides that the statute does not prohibit a local government or political subdivision of the state from adopting ordinances regulating fertilizers to protect water quality if the ordinances have been approved by the EMC or DENR as part of a local plan or National Pollutant Discharge Elimination System permit application and do not exceed the state's minimum requirements to protect water quality. The statute also does not prohibit local governments from exercising authority to regulate explosive, corrosive, inflammable, or radioactive substances.
Directs the Department of Public Safety to study the state’s participation in the Commercial Vehicle Safety Alliance North American Standard Inspection Program for roadside commercial vehicle safety inspections. Requires the study to include (1) an explanation of how the program is implemented, (2) a history of when North Carolina began to participate in the program, (3) data on the amount of safety inspection decals that are issued each year, and (4) a geographic analysis of where the decals are issued. The results of the study are to be submitted to the Agriculture and Forestry Awareness Study Commission by November 1, 2014.
Amends GS 20-381 to define planting and harvesting season and planting and harvesting period as January 1 through December 31 of each year for the purposes of federal law or regulations that relate to hours of service rules for drivers transporting agricultural commodities and farm supplies for agricultural purposes.
Amends the chairmanship of the Agriculture and Forestry Awareness Study Commission, found in GS 120-150, to allow the Speaker of the House and the President Pro Tempore of the Senate to appoint two members each from their respective bodies to serve as co-chairs of the Commission (previously, the chairs of the House Agriculture Committee and the chairs of the Senate Committee on Agriculture, Environment, and Natural Resources were on the Committee and served as Committee co-chairs). Makes conforming changes to the Commission membership.
Amends GS 106-900 to authorize the Commissioner of Agriculture to appoint as many Department of Agriculture and Consumer Services (DACS) law enforcement officers as is deemed necessary to meet specified DACS law enforcement responsibilities. Requires officers to meet the same standards of other sworn law-enforcement officers, including training standards of the NC Criminal Justice Education and Training Standards Commission, pursuant to GS Chapter 17C, and take a constitutional oath of office. Allows the Commissioner to designate certain officers to have the powers and duties of a forest ranger and the power to enforce forest laws. Makes language gender neutral.
Amends GS 14-159.12, concerning first degree trespass, providing that trespassing in an agricultural facility is a first degree trespass punishable as a Class A1 misdemeanor. Statute also provides that if the trespass is committed with the intent to disrupt normal operation of the facility or the trespass includes an act that places the offender or others on the premises at risk of serious bodily injury then it will be punishable as a Class H felony. Effective December 1, 2014, applying to offenses committed on or after that date.
Amends GS 14-159.3 to require that a person must obtain written consent from a property owner before operating an all-terrain vehicle on that property (previously, only require consent). Further provides that a landowner that has given written consent for the operation of an all-terrain vehicle owes the same duty of care to the people that received written consent as that a trespasser would be owed. Effective December 1, 2014, applying to offenses committed on or after that date.
Amends GS 156-82.1 concerning the duties and powers of the board of drainage commissioners, providing that no state statute, rule, or local government ordinance regarding riparian buffers for the protection of water quality will apply to the construction, operation, maintenance, or repair of canals, water retardant structures, or other improvements under the control and supervision of the board.
The Daily Bulletin: 2014-06-23
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The Daily Bulletin: 2014-06-23
Senate amendment makes the following change to the 1st edition.
Amends GS 20-17.8(j) to provide that a Division of Motor Vehicles (DMV) driver's license hearing held as a result of an ignition interlock violation may be held (was, shall be held) in the county where the alleged violator resides.
| Intro. by Torbett. | GS 20 |
House committee substitute makes the following changes to the 1st edition:
Changes the short and long titles.
Sets out intent and goals of the General Assembly to transform the state's Medicaid program from a traditional fee-for-service system into a system that provides budget predictability for the taxpayers of this state while ensuring quality care is provided. Sets out six goals the system should be designed to achieve, including slowing the rate of cost growth and improving health outcomes for the state's Medicaid population.
Sets out four building blocks of the Medicaid transformation, including a delivery system that builds upon the state's primary care medical home model and strong performance measures and metrics to hold providers accountable for quality.
Directs the Department of Health and Human Services (DHHS), Division of Medical Assistance (Division), to lead and begin the statewide restructuring of the state Medicaid program by transitioning the traditional fee-for-service system into a system of provider-led capitated health plans. Requires the new system to meet the above specified goals and integrate the building blocks.
Directs the Division to integrate stakeholder input into the development of a detailed plan for the Medicaid transformation and requires providing for a phased-in implementation of changes to the Medicaid system that must include five items, including proposed time frames for system transformation on a phased-in basis, with recommended effective dates, and proposed legislation that makes the necessary amendments to the General Statutes to enact the recommended changes.
Requires the Division to report the plan to the General Assembly by March 1, 2015. If a detailed plan cannot be reasonably completed by that date then the Division must (1) inform report recipients by February 1, 2015, that the March 1 report will be a progress report only and (2) provide by March 1, 2015, an update on the progress made toward completing the plan, and report which portions of the plan have been completed. The report/update is to be submitted to the House Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Fiscal Research Division.
Beginning September 1, 2015, and every six months thereafter, until a final report on September 1, 2020, the DHHS Secretary must report to the Joint Legislative Oversight Committee on Health and Human Services on the State's progress toward completing the Medicaid transformation.
Directs the Division to work with the Centers for Medicare and Medicaid Services (CMS) to maintain existing Medicaid-specific funding streams. If not possible, then the Division must advise the General Assembly of necessary modifications to maintain as much revenue as possible within the context of Medicaid transformation. Specifies process and procedures for when if such funding cannot be maintained.
Directs DHHS to apply to CMS for any necessary waivers or state plan amendments as may be necessary to implement and secure federal financial participation in the transformation, especially Section 1115 waivers.
Provides that the General Assembly is committed to allowing the time and funding necessary to implement the Medicaid transformation as required by this act.
Directs the Division to develop a pilot program for single payment for Medicaid services provided to recipients of services provided under the 1915(c) Medicaid Waiver. Provides that the purpose of the pilot project is to determine if approved and operating LME/MCOs can provide and manage both physical and behavioral health care for recipients with recipients of services under the 1915(c) waiver, subject to three requirements, including that only LME/MCOs that have successfully managed the 1915(b)/(c) Medicaid waiver for at least five years and are meeting contract and SL 2013-85 requirements are eligible to operate the pilot.
Requires the Division to report to the Joint Legislative Oversight Committee on Health and Human Services no later than November 1, 2015, on the initiation of the pilot. Additional status reports are required annually for the following three years, being submitted no later than November 1 of each year.
| Intro. by Dollar, Burr, Avila, Lambeth. | UNCODIFIED |
Identical to S 882, filed on June 23, 2014.
As title indicates.
| Intro. by Fisher. | JOINT RES |
The Daily Bulletin: 2014-06-23
House amendment #8 makes the following changes to the 4th edition.
Adds a subheading,Energy Audit Requirements, for Section 24 of this act, which rewrites GS 143-64.12. Amends subsection (j) of GS 143-64.12 to add back previously deleted provisions of this subsection requiring that the biannual report submitted by the State Energy Office to the Joint Legislative Energy Policy Commission must contain (1) the energy audits required by subsection (b1) of this section and (2) a list of the state agencies and state institutions of higher learning that received an energy audit.
| Intro. by Jackson. | GS 14, GS 47E, GS 87, GS 106, GS 112, GS 113, GS 114, GS 130A, GS 143, GS 150B, GS 160A |
AN ACT CLARIFYING THAT CERTAIN CIVIL ACTIONS RELATING TO GROUNDWATER CONTAMINATION ARE NOT SUBJECT TO THE TEN-YEAR STATUTE OF RESPONSE SET FORTH IN G.S. 1-52. Enacted June 20, 2014. Effective June 20, 2014.
House committee substitute makes the following changes to the 3rd edition.
Amends GS 115C-238.29H(c) to require a local school administrative unit (LEA) to provide each charter school to which the LEA transfers a per-pupil share of its local current expense fund with any additional records (was, additional information) the charter school requests from the LEA for use in auditing and verifying the calculation and transfer of the per-pupil share of the local current expense fund. Makes a conforming change to the bill title.
Clarifies that the State Board of Education (SBE) is required to develop a competitive bid process for the assumption of a charter school by a new entity if the charter school shows inadequate performance and could have its charter terminated or not renewed by the SBE.
Clarifies that provisions in Section 6.5 of this act which direct or require action on the part of existing charter schools are expressly directed to the board of directors of the charter school. Requires the SBE to ensure that the decision on whether to grant a charter via a fast-track replication process be made in less than 150 days (was, 120 days).
| Intro. by Tillman, Cook. | GS 115C |
The House committee substitute to the 3rd edition deletes all of the provisions of the previous edition and replaces it with the following.
Amends GS 115C-12 as follows. Requires the State Board of Education (State Board) to, when developing a plan to revise content standards and the standard course of study in the core academic areas, involve and survey a representative sample of parents, teachers, and the public to help determine academic content standards that meet and reflect North Carolina's priorities and the usefulness of the content standards. Also adds that the process of the development of content standards must also include a review of age and developmentally appropriate standards. Adds that the Board must collaborate with the Academic Standards Review Commission when revising content standards and the standard course of study in English Language Arts (English) and math. Also requires consultation with the Academic Standards Review Commission to complete the alignment process for English and math content standards. Requires that the Board ensure that no official, employee, agency, or board enter into any agreement with any federal agency or private entity which cedes or limits state control over the development, adoption, or revision of the NC Standard Course of Study and related student assessments in the public school system.
Specifies four specific duties of the State Board for the 2014-15 school year, including reviewing all English and math standards and proposed modifications and determining and adopting any necessary changes in consultation with the Academic Standards Review Commission.
Establishes a nine-member Academic Standards Review Commission (Commission) in new GS 115C-83.30, located in the Department of Administration (DOA), but exercising powers independently of the DOA. Requires that appointees be citizens of the state with expertise in the development or implementation of standards or psychometrics, members of the business community, or members of the post-secondary education community who are qualified to assure the alignment of standards to career and college readiness. Provides for staggered member terms. Specifies Commission duties.
Requires the Commission to meet for the first time by September 1, 2014. Requires the Commission to report replacement standards for English and math to the State Board, the Joint Legislative Education Oversight Committee, and to the 2015 General Assembly by March 15, 2015. Requires the Commission to continue working with the State Board and Department of Public Instruction to review academic standards during the regular review period implemented every five years, and report recommended changes to the English and math standards to the State Board, the Joint Legislative Education Oversight Committee, and the General Assembly before its convening.
Repeals GS 115C-174.11(c)(3), which required the State Board to participate in Common Core Standards development and implementation.
Amends GS 115C-12(39) to direct the State Board to adopt rigorous and appropriate academic standards (was, rigorous standards) for school accreditation. Also requires the State Board to adopt academic standards that take into consideration the academic standards adopted under specified existing authority, instead of the Common Core Standards.
Requires the State Board to report to the Joint Legislative Education Oversight Committee before implementing a new assessment instrument to assess student achievement. Prohibits the State Board from acquiring or implementing an assessment instrument without legislation authorizing the purchase. Prohibits the State Board from considering assessments developed by the Smarter Balanced Consortium Assessments or the Partnership for Assessments of Readiness of College and Careers (PARCC) for use as nationally normed assessments of student learning. Does assert that the assessments must be nationally normed, aligned with the North Carolina Standard Course of Study, and field tested. Provides as examples of appropriate assessment models the SAT, ACT Aspire, and NAEP.
Directs local boards of education to continue to approve and use textbooks not adopted by the State Board and to provide for the efficient teaching of the course content required by the Standard Course of Study as provided under GS 115C-47(12) and GS 115C-47(33a). Provides that the Standard Course of Study remains in effect until official notice is provided to all public school teachers and administrators and parents or guardians of students enrolled in public schools of any changes to the Standard Course of Study made by the State Board.
Enacts new GS 115C-401.2 to prohibit collecting any personally identifiable student data to be used to develop commercial products or services.
Declares that nothing in this act requires the General Assembly to appropriate funds to implement the act. Provides that Section 2, which establishes the Academic Standards Commission, only becomes effective if funds are appropriated to support the work of the Commission in the Current Operations and Capital Improvements Appropriations Act of 2014.
Effective July 1, 2014.
Updates the act's titles.
| Intro. by Soucek, Tillman. | GS 115C |
As title indicates.
| Intro. by Blue, Stein, Apodaca. | JOINT RES |
The Daily Bulletin: 2014-06-23
Senate amendment makes the following change to the 1st edition.
Adds a new Section 2.5 to this act, which annexes the described parcels of land containing 1,200 acres, more or less, to the corporate limits of the Town of Waynesville. Amends the bill's long title to reflect the added bill content.
| Intro. by Millis. | Haywood |
The Daily Bulletin: 2014-06-23
House committee substitute makes the following changes to the 3rd edition.
Deletes the previous bill content and replaces it with a provision to remove,effective June 30, 2014,described parcels of land containing 12.64 acres, more or less, from the corporate limits of the Town of Wrightsville Beach and to annex those parcels to the corporate limits of the City of Wilmington. Rewrites the long and short titles of this act to reflect the change in the bill content.
| Intro. by Rucho, Rabon, Rabin. | New Hanover |
Actions on Bills: 2014-06-23
H 346: GOVERNING BODIES/COLLECT UNPAID JUDGMENTS.
H 366: NC FARM ACT OF 2014 (NEW).
H 712: CLARIFYING CHANGES/SPECIAL ED SCHOLARSHIPS
H 894: SOURCE WATER PROTECTION PLANNING (NEW)
H 1027: DWI INTERLOCK VIOLATION/DMV HEARING SITE.
H 1033: SPECIAL ASSESSMENT/DAM REPAIR.
H 1043: PREQUALIFICATION UPDATE.
H 1051: AUTHORIZE DHHS/COOPERATIVE EXTENSION CONTRACT.
H 1052: ADJUST THE UTILITY REGULATORY FEE.
H 1053: HONOR ROBYNN SPENCE.
H 1069: UNEMPLOYMENT INSURANCE LAW CHANGES.
H 1101: MECH.LIENS/AMEND INFO./CHILD SUPP. ORDERS.
H 1102: MECHANICS LIENS - CLARIFY LIEN AGENT NOTICE.
H 1139: STATE NAT. & HIST. PRESERVE ADDITIONS & DELETIONS (NEW).
H 1145: REGISTRATION FOR MOPEDS.
H 1181: NORTH CAROLINA MEDICAID MODERNIZATION (NEW).
H 1182: UNC NONAPPROPRIATED CAPITAL PROJECTS.
H 1206: HOUSE SELECT/CONST. CONVENTION OF STATES.
H 1220: HOPE 4 HALEY AND FRIENDS.
H 1232: SALES TAX EXEMPTION FOR CERTAIN COINS.
H 1259: SOLDIER'S REUNION ANNIVERSARY.
H 1261: URGE CONGRESS/TERRORISM RISK INSURANCE.
H 1269: HONOR LEGACIES OF JAMES BEARD/GEORGE PEABODY.
H 1270: HONOR RIVERSIDE MASONIC LODGE.
H 1271: HONOR SENATOR MARTIN NESBITT.
S 38: AMEND ENVIRONMENTAL LAWS 2014 (NEW).
S 58: CLARIFY STATUTE OF REPOSE (NEW).
S 85: UNC/MED STUDENT CLINICAL ROTATION SLOTS.
S 163: RECLAIMED WATER AS A SOURCE WATER. (NEW)
S 477: NO SET FEE/NONCOVERED VISION SERVICES.
S 742: ADJUST THE UTILITY REGULATORY FEE.
S 761: CREDIT FOR MILITARY TRAINING.
S 790: CAPE HATTERAS/GAS CITIES/INFRASTRUCTURE LAND (NEW).
S 793: CHARTER SCHOOL MODIFICATIONS.
S 794: DISAPPROVE INDUSTRIAL COMMISSION RULES.
S 812: REPLACE CCSS W/NC'S HIGHER ACADEM. STANDARDS (NEW).
S 815: ENSURING PRIVACY OF STUDENT RECORDS.
S 853: BUSINESS COURT MODERNIZATION.
S 882: HONOR SENATOR MARTIN NESBITT.
Actions on Bills: 2014-06-23
H 531: WEAVERVILLE, BUNCOMBE & HENDERSON.
H 569: FOXFIRE/SATELLITE ANNEXATIONS.
H 1059: NEW HANOVER OCCUP. TAX USE.
H 1070: TOWN OF DUCK/EMINENT DOMAIN.
H 1080: WATHA DEANNEXATION.
H 1113: BENT CREEK PROPERTY SULLIVAN ACT EXEMPTION.
H 1120: 2 CO. COMM./DURHAM TECH. BD.
H 1154: MOORE CO. SCHOOLS TRANSFER OF PROPERTY.
H 1168: YANCEY RIGHT-OF-WAY SAFETY.
H 1211: MOUNT GILEAD CHARTER REVISION & CONSOLIDATION.
H 1212: BURLINGTON CHARTER/REVISION AND CONSOLIDATION.
H 1244: WILSON COUNTY OCCUPANCY TAX INCREASE.
H 1248: AUTHORITY TO REMOVE ABANDONED VESSELS.
S 523: WRIGHTSVILLE BEACH DEANNEX/WILMINGTON ANNEX (NEW).
S 731: SOUTHPORT OCCUPANCY TAX MODIFICATION.
S 741: BLADEN, COLUMBUS, FRANKLIN, HOKE/TAX CERT. (NEW).
S 845: BALD HEAD ISLAND/CONTRACT POST OFFICE.
S 846: SHALLOTTE DEANNEXATIONS/SOUTHPORT OCC TAX.
S 848: INFRASTRUCTURE REIMBURSEMENT AGMTS.
S 864: YANCEYVILLE ATV USE.
S 867: TOWN OF MCDONALD/TERMS OF OFFICE.
S 868: TOWN OF PROCTORVILLE/TERMS OF OFFICE.
S 870: DURHAM/PAYMENTS FOR ON-STREET PARKING.
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