Senate amendments make the following changes to the 6th edition, as amended.
Part XXI. Department of the State Treasurer
Section 21.3
Amendment #27 authorizes the Department of State Treasurer to use up to $559,000 of the allocations to the Retirement for Fire and Rescue Squad Workers to fund an audit of the employment and membership history of the Firefighter's and Rescue Squad Workers' Pension Fund. Further provides that the funds can be used to upload the results of the audit into the ORBIT system and to update data collection and processes involving agency turnaround documents as recommended by the Program Evaluation Division. Makes conforming changes.
Part XX. Department of Insurance
Section 20.1
Amendment #28 enacts GS 58-3-181, Synchronization of prescription refills, requiring every health benefit plan that provides prescription drug coverage to provide for a program for the synchronization of medication when the insured, the provider, and pharmacist agree that synchronization for the treatment of a chronic illness is in the best interest of the insured. Sets out six requirements for medications, that once met, requires the health benefit plan above to provide for synchronization, including that the medications are covered by the clinical coverage policy and the medications are not a Schedule II controlled substance or a Schedule III controlled substance containing hydrocodone. Provides that health benefit plans must, when applicable to allow synchronization, apply a prorated daily cost-sharing rate to medication dispensed by network pharmacies and prohibits the prorating of any dispensing fee in lieu of basing the fee on an individual prescription filled or refilled. Sets out definitions for use in the section. Effective January 1, 2016, applying to insurance contracts issued, renewed, or amended on or after that date.
Part V. Other Appropriations
Section 5.2
Amendment #29 enacts GS 18C-174, Use of public assistance funds, prohibiting the North Carolina State Lottery Commission (Commission) and lottery game retailers from accepting public assistance funds for the purchase of lottery tickets or for participation in any lottery game. Directs the Commission to adopt any rules necessary to implement the provisions of this section.
The Daily Bulletin: 2015-06-18
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The Daily Bulletin: 2015-06-18
Intro. by Dollar, Johnson, McGrady, Lambeth. | APPROP, GS 7A, GS 7B, GS 12, GS 14, GS 15A, GS 15B, GS 18C, GS 19A, GS 20, GS 44A, GS 47, GS 48A, GS 50, GS 58, GS 62, GS 65, GS 66, GS 74, GS 75A, GS 90, GS 93B, GS 96, GS 97, GS 105, GS 105A, GS 106, GS 108A, GS 108E, GS 110, GS 113, GS 113A, GS 114, GS 115C, GS 115D, GS 116, GS 116B, GS 116D, GS 120, GS 121, GS 122E, GS 124, GS 126, GS 127A, GS 127C, GS 128, GS 130A, GS 131D, GS 131E, GS 132, GS 135, GS 136, GS 138A, GS 142, GS 143, GS 143B, GS 143C, GS 146, GS 147, GS 148, GS 150B, GS 153A, GS 159G, GS 160A, GS 161, GS 165, GS 166A, GS 168 |
House committee substitute makes the following changes to the 2nd edition.
Amends the timeline for the Medicaid transformation, as described in this act, to include pharmacy dispensing fees in the services that are exempt from coverage underfull-risk, capitated health planswithin five years of the date that this act becomes law.
Adds expertise in health quality outcomes to the areas of knowledge to be represented on the Quality Assurance Advisory Committee convened by the Secretary of the Department of Health and Human Services.
House committee substitute makes the following changes to the 1st edition.
Deletes all of new GS 116-209.25A, "Achieving a Better Life Experience Trust Fund," from GS Chapter 116, Article 23, and instead moves and amends that content as new Article 6E, "Achieving a Better Life Experience Program Trust," in GS Chapter 147.
Enacts new GS 147-86.50 to provide policy and definitions for this act. Clarifies that the General Assembly's policy findings and declarations regarding encouraging and assisting individuals in saving private funds for the purpose of supporting individuals with disabilities are authorized under the federal Achieving a Better Life Experience (ABLE) Act.
Makes conforming changes as needed to reflect that this section is now new Article 6E in GS Chapter 147.
Edits definitions as they apply in this section.
Amends the definition for "account owner," deleting provision that allowed a trustee or guardian to be appointed a signatory on an ABLE account and act on behalf of an account owner or designated beneficiary who is a minor or lacks capacity to enter into an agreement.
Adds a definition for "board," meaning the ABLE Program Board of Trustees established in GS 147-86.52 as enacted in this act.
Defines "disability certification" as it is defined in 26 USC �_ 529A(e)(2). Defines "eligible individual" as it is defined in 26 USC �_ 529A(e)(1). Defines "qualified disability expense" as it is defined in 26 USC �_ 529A(e)(5).
Adds a definition for "federal ABLE Act," defining it as Division B of the Tax Increase Prevention Act of 2014, P.L. 113-295, the Achieving a Better Life Experience Act of 2014.
Enacts new GS 147-86.51 which establishes an Achieving a Better Life Experience (ABLE) Program Trust (was, Achieving a Better Life Experience (ABLE) Trust Fund). Provides that the ABLE Program Trust (ABLE Program) is to be administered by the ABLE Program Board of Trustees (Board) as established in new GS 146-86.52 of this act (was, to be administered by the State Education Assistance Authority). Makes conforming changes throughout the act to reflect the change in the ABLE title and in the entity charged with administering the ABLE Program Trust. Replaces references to the "Authority" with the "Board." Prohibits contributions to an ABLE account from exceeding maximum contribution limits applicable to program accounts in accordance with the federal ABLE Act. Makes additional conforming changes to remove subsections regarding the Authority's administration of the ABLE Trust Fund its investments. Instead, addresses investment and administration responsibilities of the Board in new GS 147-86.52.
Enacts new GS 147-86.52 to establish the six-member ABLE Program Board of Trustees (Board) to oversee and administer the ABLE Program. Provides criteria for Board members, sets terms for members and specifies the duties of the Board. Requires the Board to determine an appropriate investment strategy. Provides that a person serving on the Board is immune individually from civil liability for monetary damages, and exempt from civil liability to the extent covered by insurance, for any act or failure to act arising out of service on the Board; however, provides exceptions to individual immunity in instances where the person (1) was not acting in good faith, (2) was not acting within the scope of the person's official duties, (3) committed gross negligence or willful or wanton misconduct that resulted in damages or injury, or (4) derived an improper personal financial benefit, directly or indirectly, from the transaction. Includes reporting requirements for the Board and provides criteria governing when the Board may enter into agreements with other states to allow North Carolina residents to participate in aqualified ABLE Program Trustwith anotherstate or allow residents of other states to participate in North Carolina's qualified ABLE Program Trust.
Enacts GS 147-86.53 to specify criteria and guidelines for the Board's administration of the ABLE Program. Specifies what the board may delegate to the State Treasurer. Specifies costs that may be paid directly from the ABLE Program Trust. Clarifies that an ABLE account is not to be considered a resource for purposes of means-tested state benefits, nor are distributions for qualified disability expenses to be considered income for any state benefits eligibility program that limits eligibility based on income. Provides that to the extent provided in subsection 26 USC �_ 529A(f), upon the death of a beneficiary, the state has a claim for payment from the beneficiary's account in an amount that is equal to the total medical assistance paid for the designated beneficiary after the account was established. Provides timelines for the state to file its repayment claim. Provides additional criteria regarding the Notice of Death of a Designated Beneficiary and the Notice to Account Owner for Designated Beneficiary Receiving Medicaid. Provides that the information related to individual ABLE accounts are not public records as defined in GS Chapter 132.
Requires the Department of Health and Human Services (DHHS) to give information to and assist the Department of State Treasurer (Treasurer) and enter into a data sharing agreement with the Treasurer to implement the act.
Authorizes the Treasurer and DHHS to adopt rules necessary to implement this act.
Requires the Treasurer to start accepting contributions authorized under this act when federal regulations regarding the Achieving a Better Life Experience Program have been issued and provide guidance necessary to implement the Achieving a Better Life Experience Trust Fund Program. Allows the Board to delay implementation of the act, if the federal regulations are materially inconsistent with this act, until a change in this act has been made. Requires a written report, if the Board delays implementation, to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate identifying the changes in this act that must be made to be consistent with federal regulation.
Requires the Board created in GS 147-86.52 to be organized immediately after a majority of the members have been qualified or appointed and have taken the oath of office. Sets initial trustee terms to expire on June 30, 2018.
Intro. by Avila, Lambeth, Hanes, Meyer. | GS 147 |
House committee substitute makes the following changes to the 2nd edition.
Amends GS 90-726.2 to amend the activities excluded from the practice of behavior analysis to also exclude diagnosis, counseling (was, long-term counseling), neuropsychology, and cognitive-behavior therapy (was, cognitive therapy).
Makes technical changes in GS 90-726.3.
Amends GS 90-726.18 by amending the categories of individuals who are eligible to be exempt from the licensing requirement to include a psychologist who is exempt from licensure as a psychologist, and a student in a defined college or university course, program of study, or practicum in behavior analysis under the direct supervision of a psychologist.
Conference report makes the following changes to the 4th edition.
Amends the long title.
Amends GS 160A-299, Procedure for permanently closing streets and alleys, to allow a city to reserve a right, title, and interest in any improvements or easements within a street closed under the statute. Requires that the easement include utility, drainage, pedestrian, landscaping, conservation, or other easements considered to be in the pubic interest. Species that the reservation of an easement must be stated in the order of closing.
Repeals GS 66-77, which required a license to conduct a going-out-of-business or distress sale. Makes conforming changes. Effective July 1, 2015.
Amends GS 163-232, Certified list of executed absentee ballots; distribution of list, making technical changes.
Amends GS 163-165.5, Contents of official ballots, making a technical change.
Amends GS 163-165, deleting proposed changes made to the definition for official ballot.
Further amends GS 163-165, effective January 1, 2018, adding language to the definition for ballot providing that a ballot is evidenced by an individual paper document bearing marks by the voter by hand or through electronic means, as specified. Deletes language that provided that the term ballot can include a paper ballot to be counted by hand, a paper ballot to be counted on an electronic scanner, or a paper ballot used on any other voting system. Deletes the term and definition for paper ballot.
Enacts GS 163-165.4B, Prohibited voting systems, providing that voting systems that do not produce or use a ballot cannot be used in referendums, primaries, or any other election, as far as being a means to vote or counting an official ballot. Effective January 1, 2018. Authorizes counties already approved to use the direct record electronic voting systems as specified to continue such use in accordance with SL 2013-381.
Deletes all of the changes made to GS 163-166.13 in the previous edition and amends GS 163-166.13(c) to establish additional options for voters that are not in compliance with the photo identification requirements for voting, including permitting the voter to complete a reasonable impediment declaration and vote a provisional ballot, as well as permitting the voter to complete a written request for an absentee ballot until the deadline for submission of absentee ballots. Further amends subsection (e), making clarifying changes to provisions which sets out characteristics of a valid photo identification for the purposes of voting. Adds new language that provides that learner's permits, provisional licenses, and special identification cards for nonoperators are acceptable photo identification, as long as they have a printed expiration date that is no more than four years before it is presented for voting. Makes organizational changes. Effective January 1, 2016, applying to primaries and elections conducted on or after that date.
Amends GS 163-227.2, making clarifying changes and establishing that the county board of elections only has to notify voters that do not present an eligible form of photo identification of the option to complete a written request form for an absentee ballot until the deadline for submission of requests for absentee ballots has passed. Amends additional notice requirements, deleting a requirement that notice be issued that the completed form requesting an absentee ballot must be received by the county board of elections no later than 5:00 p.m. on the Tuesday before the election is held and of the option to complete the request using other specified documents or information. Adds the requirement that voters be notified of the option to request an absentee ballot to vote in that election, whether requested at that one-stop absentee location or as provided in GS 163-230.2. Deletes language that required voters to report their decision after being notified of the option to complete a written request for an absentee ballot. Deletes language previously found in GS 163-227.2(b1) concerning the requirement that the State Board of Elections make rules that require placing signs at all one-stop absentee voting locations that provide notice to voters of the option to complete a written request form for an absentee ballot as provided in new subsection (b1) of GS 163-227.2 and places it in new subsection (j), making technical and conforming changes. Effective January 1, 2016, applying to primaries and elections conducted on or after that date.
Enacts new GS 163-166.15, Reasonable impediment declarations, allowing voters that do not comply with photo identification requirements because of a reasonable impediment to obtaining photo identification to vote a provisional ballot as provided for in this section. Requires the completion of a reasonable impediment declaration form and sets out three requirements that the voter must declare that they meet, including that they are the same individual that personally appeared at the polling place. Sets out additional identification requirements for voters that wish to vote a provisional ballot due to a reasonable impediment. Provides that even without the required identification, a voter can still submit a provisional ballot and have it counted as specified if they present the required identification to the county board of elections as specified in new GS 163-182.1B. Sets out requirements for the form and substance of the reasonable impediment declaration form. Effective January 1, 2016, applying to primaries and elections conducted on or after that date.
Enacts GS 163-182.1B, Counting of provisional official ballots cast following completion of a reasonable impediment declaration when voting in person, setting out the processes and procedures for counting provisional ballots completed following a declaration of reasonable impediment. Establishes four conditions under which the provisional ballot will not be counted, including an impediment evidentiary challenge exists or the voter is disqualified from voting for other reasons provided by law. Establishes procedures for requesting an impediment evidentiary challenge and for the hearing of such a challenge by the county board of elections. Directs county boards of elections to provide to the State Board of Elections, within 60 days after each election, a report of all reasonable impediments identified in that election by voters. Amends GS 163-82.8(e), concerning voter registration cards, adding language that allows a county board of elections to notify a voter that a voter's registration card can be used to fulfill the identification requirement in conjunction with a reasonable impediment declaration. Effective January 1, 2016, applying to primaries and elections conducted on or after that date.
Amends SL 2013-281, Section 5.3, concerning education and publicity requirements for new voter photo identification requirements, adding a subdivision requiring the State Board of Elections to educate the public in regards to the reasonable impediment declaration as well as use such information to identify and address obstacles to obtaining voter photo identification.
Amends SL 1969, Chapter 774, Section 8, removing term limits for the Alexander County Board of Education, effective January 1, 2016, applying to elections conducted on or after that date.
Amends GS 163-165.7, Voting systems: powers and duties of State Board of Elections, to provide that only voting systems that have been certified to be in accordance with procedures that have been established by the State Board of Elections can be permitted for use in elections of North Carolina. Deletes provisions which provided for a request for proposal process for voting systems. Provides that the certification requirements can require that vendor bonds or letters of credit cover damages, which can include costs of conducting a new election due to defects (previously, damages were required to include the costs of conducting a new election). Deletes provisions that created an exemption for voting system purchasing processes if the voting system was acquired or upgraded by a county before August 1, 2005. Makes conforming changes.
Enacts GS 163-165.7(a2) to provide that only electronic poll books that are certified by the State Board of Elections as specified are permitted to be used in the elections of North Carolina. Effective August 1, 2015.
The Daily Bulletin: 2015-06-18
The Daily Bulletin: 2015-06-18
AN ACT TO DEANNEX A DESCRIBED PARCEL FROM THE TOWN OF CLAYTON, AND TO ANNEX A DESCRIBED PARCEL TO THE TOWN OF CLAYTON. Enacted June 18, 2015. Effective June 30, 2015.
Intro. by Daughtry. | Johnston |
AN ACT TO AMEND THE CHARTER OF THE TOWN OF CARY TO AUTHORIZE THE TOWN COUNCIL TO DELEGATE TO THE CITY MANAGER THE AUTHORITY TO DISPOSE OF EASEMENTS THAT ARE NO LONGER NEEDED BY THE TOWN AND TO AUTHORIZE THE RALEIGH CITY COUNCIL TO DELEGATE TO THE CITY MANAGER THE AUTHORITY TO DISPOSE OF EASEMENTS THAT ARE NO LONGER NEEDED BY THE CITY. Enacted June 18, 2015. Effective June 18, 2015.
Intro. by Dollar, D. Hall. | Wake |
AN ACT TO AMEND THE CHARTER OF THE TOWN OF FONTANA DAM TO AUTHORIZE THE TOWN COUNCIL TO ESTABLISH AN ELECTRIC POWER BOARD TO MANAGE AND CONTROL THE TOWN'S ELECTRIC PUBLIC ENTERPRISE SERVICE. Enacted June 18, 2015. Effective June 18, 2015.
Intro. by West. | Graham |
The Daily Bulletin: 2015-06-18
AN ACT REMOVING CERTAIN RESTRICTIONS ON SATELLITE ANNEXATIONS FOR THE TOWN OF FRANKLIN AND THE CITY OF ARCHDALE AND TO REMOVE CERTAIN DESCRIBED PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF MURPHY. Enacted June 17, 2015. Effective June 30, 2015.
AN ACT AMENDING THE CHARTER OF THE CITY OF DURHAM TO ALLOW THE CITY TO ANNEX ADJACENT STREETS OR STREET RIGHTS-OF-WAY IN VOLUNTARY ANNEXATIONS TO PREVENT CONFUSION ON THE PART OF EMERGENCY WORKERS WHEN ATTEMPTING TO PROVIDE EMERGENCY SERVICES WITHIN CITY LIMITS. Enacted June 18, 2015. Effective June 18, 2015.
Intro. by McKissick, Woodard. | Durham |
Actions on Bills: 2015-06-18
H 19: MODIFY DEFINITION OF FIREFIGHTER. (NEW)
H 97: 2015 APPROPRIATIONS ACT.
H 154: LOCAL GOVERNMENTS IN STATE HEALTH PLAN. (NEW)
H 168: EXEMPT BUILDERS' INVENTORY.
H 250: HEALTHY FOOD SMALL RETAILER/CORNER STORE ACT.
H 327: EMS PERSONNEL TECHNICAL CHANGES. (NEW)
H 372: MEDICAID TRANSFORMATION AND REORGANIZATION
H 556: ACHIEVING A BETTER LIFE EXPERIENCE ACT.
H 562: AMEND FIREARM LAWS.
H 640: OUTDOOR HERITAGE ACT.
H 679: UNC SELF-LIQUIDATING PROJECTS.
H 714: BEHAVIOR ANALYST LICENSURE.
H 836: ELECTION MODIFICATIONS.
H 874: CITIES/AVAILABILITY CHARGE/IMPROVED PROPERTY.
S 43: CDLS FOR VETERANS REVISIONS.
S 88: POLE ATTACHMENT DISPUTES (NEW).
S 212: HANDGUN STANDARDS FOR RETIRED SWORN LEO.
S 284: INFRASTRUCTURE ASSESSMENTS/EXTEND SUNSET. (NEW)
S 333: TEACHER TRANSITION DATA.
S 455: IRAN DIVESTMENT ACT.
S 478: IN-STATE TUITION FOR CERTAIN VETS/FED PROG.
S 621: REGISTRATION RENEWAL NOTICE/E-MAIL.-AB
S 682: MODIFY SUNSET RE: CONTINGENT AUDITS.
Actions on Bills: 2015-06-18
H 131: TOWN OF MAGGIE VALLEY/DEANNEXATION.
H 217: CLAYTON DEANNEXATION/ANNEXATION.
H 263: CITY ELECTIONS/TRINITY AND GREENSBORO
H 337: TOWN OF CARY/RELEASE UNNEEDED EASEMENTS.
H 415: FONTANA DAM/ESTABLISH ELECTRIC POWER BOARD.
S 140: LAKE SANTEETLAH OCCUPANCY TAX AUTHORIZATION.
S 256: DURHAM VOLUNTARY ANNEXATIONS/ADJACENT STREETS.
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