The Daily Bulletin: 2015-08-03

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The Daily Bulletin: 2015-08-03

PUBLIC/HOUSE BILLS
H 308 (2015-2016) CLARIFY REASONABLE HEALTH INSUR/LTC OMBUDSMAN. Filed Mar 18 2015, AN ACT TO AMEND THE LAWS PERTAINING TO THE MEDICAL SUPPORT AND HEALTH INSURANCE COVERAGE RELATING TO CHILD SUPPORT TO ALIGN STATE LAW WITH FEDERAL GUIDELINES THAT NO LONGER INCLUDE THE PROVISION THAT EMPLOYER-PROVIDED GROUP HEALTH INSURANCE IS AUTOMATICALLY CONSIDERED "REASONABLE" AND TO MODIFY THE LONG-TERM CARE OMBUDSMAN PROGRAM TO CONFORM WITH FEDERAL GUIDELINES.

Senate amendment makes the following changes to the 2nd edition.

Amends the definition of programmatic supervision in GS 143B-181.16 to clarify that it includes ensuring that the Area Agency on Aging has personnel policies and procedures consistent with the laws and policies governing the Ombudsman Program. 

Amends the State Ombudsman's duties in GS 143B-181.18 to include determining the use of the fiscal resources as required by 42 USC 3001 et. seq. and regulations promulgated thereunder (was, determine the use of fiscal resources appropriated or otherwise available for the operation of the Office, including specified actions).

Amends GS 143B-181.19 to require the Area Agencies on Aging to provide only personnel management for Regional Ombudsman in accordance with personnel policies and procedures of the Agency that are consistent with federal and state Ombudsman law and policy (was, provide administrative supervision to each Regional Ombudsman limited to the Agency's personnel policies pertaining to time and attendance, benefits, assigned work space and equipment, and general operations of the agency).

Amends GS 143B-181.23 to require the Department of Health and Human Services (was, the State Ombudsman) to determine the instances of discrimination or retaliation against residents, relatives of residents, or employees of long-term care facilities for making a complaint, and assess the resulting monetary penalty.

Intro. by Stevens, Glazier, Davis.GS 50, GS 143B
H 943 (2015-2016) CONNECT NC BOND ACT OF 2015. Filed Aug 3 2015, AN ACT TO AUTHORIZE THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURPOSE OF ACCOMPLISHING CERTAIN INTERRELATED AND UNITED PROJECTS TO FURTHER ECONOMIC DEVELOPMENT IN THE STATE CONSISTENT WITH THE CONNECT NC PLAN.

States the purpose of the act and sets out the General Assembly’s findings. Sets out and defines the terms bonds, cost, credit facility agreement, notes, par formula, and State, as they are used in the act.

Subject to approval by qualified voters at the November 2015 general election, authorizes the State Treasurer to issue and sell general obligation bonds designated as “State of North Carolina Public Improvement Bonds” in an amount not to exceed $2,859,076,952.  Specifies that for public improvement bonds authorized for transportation projects, it is the General Assembly’s intent that the debt service on those bonds will be provided from amounts deposited to the Highway Trust Fund.

Sets out projects to be funded by the bonds in the following specified categories: Agriculture ($195 million); Attractions, Parks, and Historic Sites ($135,050,000); Local Parks and Infrastructure ($85 million); National Guard and Military ($92,751,623); NC Community Colleges ($300 million); Public Instruction ($500 million); Public Safety ($46,725,000); State Agencies ($215 million); Transportation ($400 million); University of North Carolina ($889,550,329).

Sets out seven special allocation provisions that apply to the use of the proceeds of public improvement bonds and notes, including: (1) the proceeds of public improvement bonds and notes for State Parks must be used for capital improvements; any items purchased with such proceeds and installed or replaced as part of a renovation or rehabilitation must have a useful life of at least 10 years or must extend the life of the facility by at least 10 years once renovated or rehabilitated; (2) sets conditions on and allocates specified amounts for specified purposes, from the proceeds of public improvement bonds and notes for public instruction for public schools capital assistance; and (3) requires the proceeds of public improvement bonds and notes for statewide supplemental highway funding for transportation be issued only for highway projects satisfying the following: an environmental impact statement, if required, was completed prior to January 1, 2015; construction on the project is projected by the Department of Transportation to commence by January 1, 2017; and the project meets the requirements set forth in Article 14B of GS Chapter 136.

Sets out the conditions under which the General Assembly may increase or decrease the allocation of the proceeds of public improvement bonds and notes, or reallocate any amounts among agencies or non-transportation projects; sets out separate provisions governing transportation projects.

Sets out procedures to be followed by the State Treasurer in allocating and tracking the bond proceeds.

Sets out the procedure for conducting the election and specifies the question that is to be placed on the ballot. Provides that if a majority of those voting on the bond question vote in favor of the issuance of the bonds, those bonds may be issued as provided in the act.

Sets out requirements for the issuance of the bonds and notes, including allowing bonds or notes to be issued as certificated or uncertificated obligations, setting out required signatures, and providing for the manner of sale of the bonds or notes. Exempts bonds and notes from all state, county, and municipal taxation or assessment, excluding inheritance and gift taxes, income taxes on the gain from the transfer of bonds and notes, and franchise taxes. Also specifies that the interest on bonds and notes will not be subject to taxation as to income.

Sets out guidance for interpreting the act, including a severability clause.

Establishes reporting guidelines for entities receiving the proceeds of public improvement bonds and notes.

Prohibits the State Treasurer from issuing bonds or notes otherwise authorized by the act in an amount or year where the issuance of the bonds or notes would violate the Debt Affordability Advisory Committee's recommendations on debt  capacities required under GS 142-101.

Requires that other than for projects for DENR Statewide Children With Disabilities and Veterans With Disabilities Local Parks (Matching Grants), NC Community Colleges, projects for Public Instruction, DENR Statewide Water/Sewer Loans, and AOC Statewide Courthouse Grants, projects funded in whole or in part with the proceeds of public improvement bonds and notes, the portion of funds estimated to be needed for escalation of costs must remain with the Office of State Budget and Management and is to be disbursed only to: (1) address unforeseen contingencies related to the specific project for which the funds were made available or (2) address inflation costs related to that specific project. Requires any such funds retained by the Office of State Budget and Management at the time a project is completed to be retained by the Office until the General Assembly has reallocated it for other purposes. Requires a report on any funds retained, within 90 days of a project's completion.

Provides that transfers of voters from a given precinct, for the purpose of voting, to an adjacent precinct for the election held in November of 2015 are for that election only and do not apply to any subsequent election.

Requires the Department of Public Safety to take appropriate measures, including maximizing the use of the Inmate Construction Program, to reduce costs related to construction of correctional projects authorized in SL 2007-323, as amended. Allows the Department, with the approval of the Office of State Budget and Management, to use the funds from any savings generated, together with available funds, to finance the capital facility costs of renovating existing space at Central Prison for bed space for long-term palliative care. Provides that no additional special indebtedness may be issued or incurred to finance the construction of bed space for such care; the use of funds authorized by this section do not require further approval by the Council of State.

Intro. by Rules, Calendar, and Operations of the House.UNCODIFIED

The Daily Bulletin: 2015-08-03

PUBLIC/SENATE BILLS
S 273 (2015-2016) MOTOR VEHICLE TAX: WAIVE PENALTIES/INTEREST. Filed Mar 12 2015, AN ACT TO AUTHORIZE FLEXIBILITY IN WAIVING PENALTIES AND INTEREST FOR MOTOR VEHICLE TAXES FOR TAX YEARS PRIOR TO JULY 1, 2013.

House amendment makes the following changes to the 1st edition.

Amends proposed GS 105-330.4(e) to provide that, notwithstanding GS 105-380 (provisions concerning the release, refund, or compromise of taxes), county governing boards can adopt a resolution to create a uniform policy for the reduction or waiver of any interest or penalties for delinquent motor vehicle taxes for registered classified motor vehicles, for tax years prior to July 1, 2013 (previously, provided that the provisions are applicable notwithstanding any other provision of law and did not require a uniform policy, or mention a resolution, but gave the board complete discretion in granting a reduction or waiver upon making a record of the reasons).

Intro. by D. Davis, Pate.GS 105

The Daily Bulletin: 2015-08-03

The Daily Bulletin: 2015-08-03

ACTIONS ON BILLS

Actions on Bills: 2015-08-03

PUBLIC BILLS

H 267: AMEND RESPIRATORY CARE PRACTICE ACT.-AB

    House: Placed On Cal For 08/04/2015

H 284: Civil Contempt/Jury Duty

    House: Cal Pursuant 36(b)
    House: Added to Calendar
    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 308: CLARIFY REASONABLE HEALTH INSUR/LTC OMBUDSMAN.

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Engrossed

H 334: CHARTER SCHOOLS & OTHER EDUCATION LAW CHANGES (NEW).

    House: Placed On Cal For 08/04/2015
    House: Placed On Cal For 08/04/2015

H 371: TERROR CLAIMS/DAMAGES/LIABILITY FOR SUPPORT.

    Senate: Amendment Withdrawn A1
    Senate: Passed 2nd Reading

H 538: WATER AND SEWER SERVICE RELATED CHANGES (NEW).

    House: Placed On Cal For 08/04/2015

H 553: ORDINANCES REGULATING ANIMALS.

    Ratified

H 556: ACHIEVING A BETTER LIFE EXPERIENCE ACT.

    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 561: SCHOOL SYSTEM AUTH. RE: LEGAL PROCEEDINGS.

    House: Fail Concur In S Amend SA1
    House: Conf Com Appointed

H 566: AMEND EYEWITNESS ID/SHOW-UP.

    House: Cal Pursuant 36(b)
    House: Added to Calendar
    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 584: USE OF POSITION/LETTERS OF REFERENCE.

    House: Placed On Cal For 08/04/2015

H 607: ALLOW PROTECTED CONSUMER SECURITY FREEZES.

    Ratified

H 724: AMEND COMPOSITION OF NC MEDICAL BOARD.

    House: Cal Pursuant 36(b)
    House: Added to Calendar
    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 792: PRIVACY/PROTECTION FROM REVENGE POSTINGS.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 08/05/2015

H 800: CLARIFY MOTOR VEHICLE DEALER LAWS.

    House: Placed On Cal For 08/04/2015

H 804: KELSEY SMITH ACT.

    Senate: Withdrawn From Cal
    Senate: Re-ref Com On Rules and Operations of the Senate

H 814: THE WILLIAM C. LINDLEY, JR. SUDEP LAW.

    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 904: STUDY DRAINAGE NEEDS/LOW-LYING AREAS (NEW).

    House: Placed On Cal For 08/04/2015

H 943: CONNECT NC BOND ACT OF 2015.

    House: Reptd Fav. For Introduction
    House: Filed
    House: Passed 1st Reading
    House: Ref To Com On Finance

S 199: FUNDS DEPOSITED WITH CLERK OF COURT.

    House: Placed On Cal For 08/04/2015

S 238: STALKING BY GPS/CRIMINAL OFFENSE.

    House: Withdrawn From Cal
    House: Re-ref Com On Rules, Calendar, and Operations of the House

S 273: MOTOR VEHICLE TAX: WAIVE PENALTIES/INTEREST.

    House: Amend Adopted A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading

S 313: INDUSTRIAL HEMP. (NEW)

    House: Withdrawn From Cal
    House: Re-ref Com On Rules, Calendar, and Operations of the House

S 336: ESTATE PLANNING/UNIFORM TRUST CODE.

    House: Conf Report Adopted

S 386: REGISTERS OF DEEDS/UCC RECORDING FEES.

    House: Placed On Cal For 08/04/2015

S 581: STUDY SUBDIV. STREETS/TRAFFIC CALMING DEVICES (NEW).

    Senate: Regular Message Received For Concurrence in H Com Sub
    Senate: Placed On Cal For 08/04/2015

Actions on Bills: 2015-08-03

LOCAL BILLS

H 199: CERTAIN CITIES/DONATE SERVICE ANIMALS.

    House: Cal Pursuant 36(b)
    House: Added to Calendar
    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 412: DUNN ANNEXATION/HOLLY RIDGE ANNEXATION.

    House: Cal Pursuant 36(b)
    House: Ruled Material
    House: Placed On Cal For 08/04/2015

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