Identical to S 126, filed 2/25/15.
Enacts new GS Chapter 165, Article 9, titled “Task Force on Veterans, Service Members, and Their Families” (Task Force), creating, effective January 1 2015, a 27 member Task Force. Provides that 16 ex officio members of the Task Force are made up of the heads or respective designees of specified departments or agencies. The remaining 11 members are to be appointed, with the Governor appointing five members in line with specified criteria, and three each are to be appointed by the Speaker of the House and President Pro Tempore, following specified criteria. Appointed members will serve two-year terms, at the pleasure of the Governor or General Assembly. Provides that the members of the Task Force are to elect a chair and hold meeting at least quarterly. Provides that the Department of Administration will provide clerical and professional staff for the Task Force. No salary or per diem is to be received by the members, but they will receive necessary travel and subsistence expenses.
Sets out eleven duties of the Task Force, including developing and implementing interagency solutions to make North Carolina a more veteran friendly state, advising the Governor and General Assembly on issues related to veterans, service members, and families, as well as tracking any federal, State, and local legislation affecting the same.
Requires the Task Force to make an annual report to the Governor and General Assembly, no later than November 1 of each year, reporting any recommendations for statutory, regulatory, or policy changes that would improve the provision of services for veterans, service members, and their families.
Requires the Task Force to create a subcommittee, with all of the ex officio members of the Task Force serving as members, with the purpose of engaging in a strategic planning process that achieves six goals, including, defining North Carolina’s mission and vision for veterans, service members, and their families, identifying critical stakeholders, and analyzing the challenges and opportunities that North Carolina faces in their ability to meet those challenges and seize opportunities. Provides that the above strategic planning must define measurable outcomes and goals and sets out 11 such outcomes and goals to be accomplished, including coordinating the activities of existing programs and other efforts affecting veterans, maximizing the amount of federal dollars to support these efforts, and proposing legislation that would benefit veterans, service members, and their families. Requires the final plan to be approved by January 15, 2016 and requires the Task Force to report on the plan by April 15, 2016 to the Joint Legislative Veterans and Military Service Members Oversight Committee, with quarterly reports required thereafter.
Enacts new GS 165-44.02, directing all NC agencies that provide a service, benefit, or discount targeted or directed at veterans, service members, and their families to collect and report specified information, including the number of persons served, the type of benefits provided, sources of funding for services and benefits provided, and outcomes. Such information is to be reported to the Task Force no later than September 1 of each year.
Enacts new GS Chapter 120, Article 12S, titled “Joint Legislative Veterans and Military Service Members Oversight Committee” (Committee), consisting of 16 members with eight members appointed from the Senate by the President Pro Tempore and eight from the House by the Speaker in line with specified criteria for appointment. Sets terms of the Committee at two years, beginning when the General Assembly convenes in each odd numbered year, except for the terms of the initial members, which begin once appointed and end on the day of the convening of the 2017 General Assembly.
Sets out the purpose and powers of the Committee, including examining and monitoring the programs and initiatives for veterans, service members, and their families in North Carolina in order to improve accountability and awareness of programs directed towards the same. Provides that the Committee can review reports prepared by the Task Force, monitor and review the statewide strategic plan for veterans, service members, and their families, as well as study any matter believed to be appropriate to the Committee’s purpose. Requires the Committee to report to the General Assembly any recommendations it has no later than December 31, 2017, and annually after that date. A final report of the Committee is to be submitted no later than April 1, 2022.
Sets out the organization and regulations of the Committee, including that cochairs are to be appointed by the President Pro Tempore and the Speaker of the House, nine members is considered a quorum of the Committee, and only recommendations or proposed legislation receiving at least eight affirmative votes can be included in a report to the General Assembly. Professional and clerical staff will be assigned by the Legislative Services Officer.
Sets a sunset date for new GS Chapter 120 Article 12S of July 1, 2022.
The Daily Bulletin: 2015-02-27
States the General Assembly’s intent to integrate all of the Alcohol and Drug Abuse Treatment Centers (ADATCs) under the jurisdiction of the Department of Health and Human Services (DHHS) Secretary, as identified in GS 122C‑181 into the array of publicly funded substance abuse services managed by the Local Management Entity/Managed Care Organizations (LME/MCOs) over a three‑year period, beginning no earlier than July 1, 2016, and ending with full integration by June 30, 2019.
Requires that DHHS, by April 1, 2016, submit a three-year transition business plan for integrating all ADATCs into the array of publicly funded substance abuse services managed by the LME/MCOs to the Joint Legislative Oversight Committee on Health and Human Services. Specifies the five components that must be in the plan, including: (1) the projected demand by LME/MCOs for substance abuse services provided by the ADATCs during (i) each fiscal year of the transition period and (ii) the first three fiscal years subsequent to full integration of the ADATCs into the array of publicly funded substance abuse services managed by the LME/MCOs, (2) procedures for making operational adjustments at each of the ADATCs during the transition period based upon the demand for services and the availability of funding to provide these services, and (3) a method for establishing and updating the rates paid by LME/MCOs for substance abuse services provided by ADATCs to individuals receiving these services under the management of the LME/MCOs.
States the General Assembly’s intent to gradually terminate all direct state appropriations for ADATCs by the beginning of the 2019‑20 fiscal year and instead reallocate this funding to the DHHS Division of Mental Health, Developmental Disabilities, and Substance Abuse Services (DMH/DD/SAS) for community services in order to allow the LME/MCOs to assume responsibility for managing the full array of publicly funded substance abuse services, including those delivered through the ADATCs. Terminates all direct state appropriations for ADATCs effective July 1, 2019, and reallocates those appropriations to DMH/DD/SAS for allocation to the LME/MCOs. Requires the LME/MCOs to use these reallocated funds to manage and pay for the utilization of substance abuse treatment and services for individuals within their catchment areas.
Requires DMH/DD/SAS to: (1) calculate and notify each LME/MCO by August 1, 2015, of its estimated share of these fund allocations for each fiscal year of the transition period and specifies how the estimated share is determined and (2) as a condition of receiving its share of reallocated ADATC funds, require each LME/MCO to submit by February 1, 2016, a written transition plan describing how the LME/MCO plans to use these reallocated ADATC funds to build capacity for community‑based substance abuse services, reduce gaps in substance abuse services, purchase substance abuse services from the ADATCs, or do any combination thereof. Requires DMH/DD/SAS to review the written transition plans to ensure each LME/MCO proposes using these reallocated ADATC funds to purchase substance abuse services.
Requires each LME/MCO to: (1) submit a written transition plan to DMH/DD/SAS by February 1, 2016, describing how it plans to use reallocated ADATC funds to build capacity for community‑based substance abuse services, reduce gaps in substance abuse services, purchase substance abuse services from the ADATCs, or any combination thereof; (2) submit to DHHS Division of State Operated Healthcare Facilities (DSOHF) annually by February 1 its projected demand for ADATC services for the upcoming fiscal year; (3) enter into a contract, by April 1 of each year, with DSOHF for the ADATC services it intends to utilize during the next fiscal year; specifies terms that must be included in the contract; and (4) implement and enforce the prior authorization process established by DHHS, in consultation with the LME/MCOs, pursuant to this act.
States the General Assembly’s intent that at the end of the transition period, each of the ADATCs be wholly receipt-supported. Requires each ADATC to, during the transition period, annually evaluate and adjust their operations based upon the projected demand for services and the availability of funding to meet the demand for services from direct state appropriations and estimated receipts from Medicare, Medicaid, insurance, self-pay, and the LME/MCOs.
Requires DMH/DD/SAS, during the transition period, to monitor each of the following with respect to integration of the ADATCs into the array of publicly funded substance abuse services managed by the LME/MCOs: (1) expenditures by LME/MCOs and by ADATCs to ensure that North Carolina continues to meet the maintenance of effort requirements of the federal Substance Abuse Prevention and Treatment Block Grant, (2) efforts by each of the LME/MCOs to increase capacity for substance abuse treatment to ensure the development of community‑based services to meet the needs of individuals formerly served by the ADATCs, and (3) utilization by LME/MCOs of substance abuse services provided by the ADATCs.
Requires DHHS, beginning October 1, 2016, and annually thereafter until October 1, 2020, to report to the Joint Legislative Oversight Committee on Health and Human Services and the Joint Legislative Program Evaluation Oversight Committee on: (1) the status of fully integrating the ADATCs into the array of publicly funded substance abuse services managed by the LME/MCOs and (2) a breakdown of how direct state appropriations reallocated from the ADATCs to the LME/MCOs have been used to purchase substance abuse services.
Requires DMH/DD/SAS, in consultation with the LME/MCOs, to develop and submit to the Joint Legislative Oversight Committee on Health and Human Services, by January 15, 2016, a plan to strengthen performance management for the state's publicly funded substance abuse services. Encourages DHHS to consult with other divisions and specified agencies and entities in developing the plan. Specifies issues that must be addressed in the plan.
|Intro. by Horn, Hurley, Saine.||UNCODIFIED|
Identical to S 114, filed 2/25/15.
Provides that the Division of Child Development and Early Education (DCDEE) with the Division of Social Services (DSS) will implement a process to require child care subsidy recipients to participate in and cooperate with county child support services programs as a condition of receiving such child care subsidy payments. Sets out 13 criteria that must be considered by DCDEE and DSS in developing the plan, including the number of child care subsidy cases that would be referred to county child support services programs, any implementation issues related to IV-D child support cases versus non-IV-D child support cases, and the need to update current policies and procedures for child care subsidy payments and child support payments.
Directs the DCDEE and DSS to submit a report on the plan, with any recommendations, to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division, no later than February 1, 2016.
Effective July 1, 2015.
|Intro. by Turner.||UNCODIFIED|
Identical to S 115, filed 2/25/15.
Requires the North Carolina Child Support Services Section (NCCSS) of the Department of Health and Human Services, Division of Social Services, to retain up to 15% of the annual federal incentive payments it receives from the federal government to enhance centralized child support services. Requires NCCSS to: (1) in consultation with representatives from county child support services programs, identify how federal incentive funding could improve centralized services; (2) use federal incentive funds to improve the effectiveness of the State's centralized child support services by supplementing and not supplanting State expenditures; (3) develop and implement rules that explain the State process for calculating and distributing federal incentive funding to county child support services programs.
Requires NCCSS to allocate no less than 85% of the annual federal incentive payments it receives from the federal government to county child support services programs to improve effectiveness and efficiency using the federal performance measures. Requires NCCSS to: (1) in consultation with representatives from county child support services programs, examine the current methodology for distributing federal incentive funding to the county programs and determine whether an alternative formula would be appropriate, requiring NCCSS to use its current distribution formula until an alternative formula is adopted; and (2) upon adopting an alternative formula, develop a process to phase in the alternative formula over a four year period.
Requires NCCSS to establish guidelines that identify appropriate uses for federal incentive funding. Requires NCCSS to require county child support services programs to comply with each of the following: (1) submit an annual plan describing how federal incentive funding would improve program effectiveness and efficiency as a condition of receiving federal incentive funding; and (2) report annually on: how federal incentive funding has improved program effectiveness and efficiency and been reinvested into their programs, provide documentation that the funds were spent according to their annual plans, and explain any deviations from their plans.
Requires NCCSS to develop an implementation plan and to submit a progress report on the plan to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division by November 1, 2015. After implementing the plan, requires NCCSS to submit a report on federal child support incentive funding to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division by November 1 of each year. Sets out items that must be included in the report.
Effective July 1, 2015.
|Intro. by Turner.||UNCODIFIED|
The Daily Bulletin: 2015-02-27
Repeals GS Chapter 66, Article 14, which regulated business under an assumed name. Enacts new GS Chapter 66, Article 14A, creating the "Assumed Business Name Act. State the purpose of the new Article as giving the public a way to ascertain the real names of persons engaging in business in this State under an assumed business name by requiring those persons to register the assumed business name. Defines assumed business and persons for use in the article.
Requires a person engaging in business in eh state under assumed business name to, before engaging in business, file an assumed business name certificate (certificate) in the office of the register of deeds of the county in which the person is or will be engaged in business; requires a separate certificate to be filed for each assumed business name under which a person engages in business. Exempts a limited liability partnership, limited partnership, limited liability company, or corporation that engages in business under a name that is its real name with the legal entity designation required by GS 55D‑20 from the certificate requirement. Sets out information that must be included in the certificate, including the real name of the person engaging in business under the assumed business name; and the street address of the principal place of business.
Sets out the procedure for executing the certificate, detailing who must sign the certificate according to the organization of the business. Requires the certificate to be amended within 60 days after a change in any of the information required in the assumed business name certificate; specifies the content of and procedure for filing the amendment. Allows the certificate to be withdrawn upon ceasing to engage in business in this State under the assumed business name; sets out the withdraw procedure.
Requires the Secretary of State to develop, implement, and maintain a searchable online database of assumed business name information. Requires the system to allow information to be entered and retrieved from the system by the registers of deeds and be available for searches by the public.
Requires the register of deeds of each county to index, in accordance with GS Chapter 161 Article 2, every assumed business name with respect to which an assumed business name certificate, a certificate of amendment, or a certificate of withdrawal has been filed in that county. Also requires the register of deeds to transmit scanned images of the certificate to the Secretary of State no later than 30 days after the date a certificate if filed and to enter specified information into the central database.
Allows the Land Records Management Advisory Committee to develop forms for the documents required or permitted to be filed by this Article, but states that their use is not mandatory.
Provides that a copy of a certificate filed under this Article that is duly certified by the register of deeds of the office in which it was filed, is prima facie evidence of the facts required to be stated in the certificate.
Makes it a Class 1 misdemeanor for a person to sign a certificate knowing it is false in any material respect with the intent that the certificate be delivered to the register of deeds for filing. Makes a person failing to file an assumed business name certificate or a certificate of amendment liable to any person injured by the failure for the reasonable expenses, including attorneys' fees, incurred by the person in ascertaining, for a reasonable purpose, the information required to be stated in the assumed business name certificate or certificate of amendment.
Sets all certificates of assumed name filed under repealed Article 14 to of expire July 1, 2021, and provides that the provisions of that former Article continue to apply to them until that date except as specified in the statute. Requires at least one person listed as an owner of the business in a certificate of assumed name under repealed Article 14 to file an assumed business name certificate before the certificate of assumed name expires if: (1) a general partnership would have been required to file a new certificate of assumed name under former GS 66‑68(c) due to the withdrawal or addition of a partner; or (2) any of the information in the certificate of assumed name required under former GS 66‑68(a) has changed and the person desires to continue engaging in business in this State. Prohibits filing a new certificate of assumed name under repealed Article 14 on or after July 1, 2016. Allows a person that filed a certificate of assumed name that has not expired to withdraw the assumed name under the provisions of former GS 66‑68(f).Prohibits filing a certificate of amendment under the new Article to a certificate of assumed name filed under the repealed Article. Prohibits the register of deeds from transmitting a scanned image to the Secretary of State, or enter any of the information required by GS 66‑71.10 into the central database maintained by the Secretary of State, of any withdrawal or transfer of an assumed name or any amendment to a certificate of assumed name when the certificate of assumed name to which the withdrawal, transfer, or amendment relates was filed before July 1, 2016.
Amends GS 1‑69.1 (Unincorporated associations and partnerships; suit by or against) to make clarifying changes. Also requires any unincorporated association, organization, society, or general partnership bringing a suit in the name by which it is commonly known and called to allege that it has filed an assumed business name certificate (filed under either the repealed or new article, as applicable). Effective July 1, 2021, further amends GS 1‑69.1 to remove references to the repealed article.
Amends GS 53‑208.7(a) to make clarifying changes, referring to assumed business name instead of assumed trade name.
Amends GS 55D‑20(d) to provide that the use of assumed business names or fictitious names, is not affected by GS Chapter 55, 55A, 55D, 57D, or 59.
Amends GS 58‑70‑5 to make clarifying changes. Also requires any person, firm, corporation or association desiring to secure a permit to operate a collection agency business, to include on their permit application, in addition to the already required information, if an assumed business name is used, certificates showing that the assumed business name has been filed as required by Article 14A of GS Chapter 66 (deleting requirements concerning the use of a trade name). Makes organizational and conforming changes to the statute. ;
Amends GS 59‑84.1 and GS 62‑115 to update article references to new Article 14Aa and make clarifying changes. Makes clarifying changes to GS 66‑262.
Appropriates $214,535 for the 2015‑16 fiscal year from the General Fund to the Department of Secretary of State to develop and implement the database required in new GS 66‑71.9. Effective July 1, 2015.
Unless otherwise indicated, effective July 1, 2016. Specifies that this act does not affect a civil action or proceeding commenced or a right accrued before July 1, 2016.
Enacts new 143‑214.19 to provide that if State law requires a protective riparian buffer for coastal wetlands in the Neuse River Basin or the Tar‑Pamlico River Basin, the coastal wetlands and marshlands must not be treated as part of the surface waters, and are to be included in the measurement of the protective riparian buffer. Specifically delineates the protective riparian buffer for any of the coastal wetlands or marshlands in the Neuse River Basin or the Tar‑Pamlico River Basin depending on whether the coastal wetlands or extend less than 50 feet or 50 feet or more from the high normal water level or normal water level. Defines the terms coastal wetlands and marshlands as they apply in the statute. Effective October 1, 2015.
|Intro. by Cook.||GS 143|
The Daily Bulletin: 2015-02-27
The Daily Bulletin: 2015-02-27
Actions on Bills: 2015-02-27
H 109: LOTTERY ACT CLARIFIED.
H 113: PROTECT OUR STUDENTS ACT.
H 117: NC COMPETES ACT.
S 120: DOI LICENSE PROCESSING FEES.
Actions on Bills: 2015-02-27
H 65: WILKES FOX TRAPPING.
H 111: STANLY CO BD. OF ED. RECALL.
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