The Daily Bulletin: 2015-09-24

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The Daily Bulletin: 2015-09-24

PUBLIC/HOUSE BILLS
H 215 (2015-2016) PROCEDURE FOR WAIVER OF JURY TRIAL. Filed Mar 11 2015, AN ACT TO ESTABLISH PROCEDURE FOR WAIVER OF THE RIGHT TO A JURY TRIAL IN CRIMINAL CASES IN SUPERIOR COURT.

Conference committee substitute makes the following changes to the 5th edition. 

Deletes the requirement in GS 15A-1201 that a trial judge must find that a revocation of a waiver of trial by jury is tendered in good faith. 

Deletes the requirement in GS 15A-1201 that a court, upon request by any party, make specific findings of fact in a written decision or opinion to support the verdict. 

Makes technical changes.

Intro. by Stevens, Bryan, Floyd, D. Hall.GS 15A, GS 20
H 272 (2015-2016) APPOINTMENTS BILL 2015 (NEW). Filed Mar 17 2015, AN ACT TO APPOINT PERSONS TO VARIOUS PUBLIC OFFICES UPON THE RECOMMENDATION OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE MINORITY LEADER OF THE SENATE.

Senate amendment to the 3rd edition corrects the name of an appointee to the NC Oil and Gas Commission.

Intro. by Richardson.UNCODIFIED
H 318 (2015-2016) PROTECT NORTH CAROLINA WORKERS ACT. Filed Mar 19 2015, AN ACT TO REQUIRE E‑VERIFY COMPLIANCE IN CERTAIN GOVERNMENTAL CONTRACTS, TO PROVIDE THAT CERTAIN CONSULATE OR EMBASSY DOCUMENTS MAY NOT BE USED TO DETERMINE A PERSON'S IDENTIFICATION OR RESIDENCE FOR GOVERNMENTAL AND LAW ENFORCEMENT PURPOSES, TO PROHIBIT ADOPTION OF SANCTUARY CITY ORDINANCES, AND TO PROHIBIT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FROM SEEKING CERTAIN WAIVERS.

Senate amendments make the following changes to the 4th edition. 

Amendment #1 states that proposed GS 15A-306, which provides that certain documents are not acceptable for use in determining a person's actual identity or residency, does not apply to verification provided by an applicant pursuant to GS 58-2-164, which governs fraud prevention in auto insurance policies, until the act's changes to GS 58-2-164 become effective. The amendment also provides an effective date of the changes to GS 58-2-164 of January 1, 2016, and applies to insurance policies entered into on or after that date. 

Amendment #2 adds a sentence to the act's prohibition of the Department of Health and Human Services from seeking certain waivers. The new sentence states that nothing in the section should be construed as requiring termination of a waiver in place as of September 1, 2015.

Intro. by Cleveland, Millis, Whitmire, Conrad.UNCODIFIED, GS 15A, GS 20, GS 58, GS 64, GS 108A, GS 143, GS 153A, GS 159, GS 160A
H 765 (2015-2016) REGULATORY REFORM ACT OF 2015. Filed Apr 14 2015, AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE CITIZENS OF NORTH CAROLINA BY PROVIDING FOR VARIOUS ADMINISTRATIVE REFORMS, BY ELIMINATING CERTAIN UNNECESSARY OR OUTDATED STATUTES AND REGULATIONS AND MODERNIZING OR SIMPLIFYING CUMBERSOME OR OUTDATED REGULATIONS, AND BY MAKING VARIOUS OTHER STATUTORY CHANGES.

The conference report, which makes changes to the 4th edition, is to be summarized.

H 924 (2015-2016) HIGHWAY SAFETY/OTHER CHANGES. Filed Apr 16 2015, AN ACT TO CLARIFY WHEN A LAW ENFORCEMENT OFFICER IS REQUIRED TO REQUEST A BLOOD SAMPLE WHEN CHARGING THE OFFENSE OF MISDEMEANOR DEATH BY VEHICLE, CLARIFY THE LAW GOVERNING PROHIBITED USE OF RED AND BLUE LIGHTS, REPEAL CERTAIN MANDATORY REPORTING REGARDING PSEUDOEPHEDRINE PRODUCTS, CLARIFY THE SUBPOENA AUTHORITY OF THE DIRECTOR OF THE SBI, PROVIDE FOR UPSET BIDS FOR LEASES OF MINERAL DEPOSITS ON STATE LANDS, INCREASE THE COST LIMIT ON WORK THAT CAN BE PERFORMED BY GOVERNMENTAL FORCE ACCOUNT LABOR, AND REPEAL THE DONATE LIFE NC MATCHING FUNDS REQUIREMENT.

Senate amendment makes the following changes to the 4th edition.

Makes a technical correction to GS 146-9(b)(6).

Intro. by Burr.GS 15A, GS 20, GS 106, GS 143, GS 146

The Daily Bulletin: 2015-09-24

PUBLIC/SENATE BILLS
S 159 (2015-2016) CORRECTED REVAL./MINIMAL REFUNDS/PROP. TAXES. (NEW) Filed Mar 3 2015, AN ACT TO REQUIRE PAYMENT OF ADDITIONAL TAXES BY THE APPROPRIATE OWNERS OF RECORD FOR CORRECTED REVALUATIONS AND TO PROVIDE OPTIONS FOR THE DISPOSITION OF MINIMAL PROPERTY TAX REFUNDS.

House committee substitute makes the following changes to the 5th edition. 

Amends Section 3 of SL 2013-362 to add that the tax collector is allowed to issue forms and develop procedures to implement a payment plan for for the payment of additional taxes owed due to a revaluation.

Intro. by Tarte, Rucho.GS 105
S 371 (2015-2016) LME/MCO CLAIMS REPORTING/MENTAL HEALTH AMENDS. (NEW) Filed Mar 23 2015, AN ACT TO MODIFY CERTAIN REQUIREMENTS PERTAINING TO LOCAL MANAGEMENT ENTITIES/MANAGED CARE ORGANIZATIONS.

House committee substitute makes the following changes to the 2nd edition. 

Deletes the whereas clauses at the beginning of the act. Makes clarifying changes to the information LME/MCOs must submit. Amends the date by which the Department of Health and Human Services (Department) must report to the Joint Legislative Oversight Committee on Health and Human Services on encounter data submission requirements for local management entity/managed care organizations (LME/MCOs) from October 31, 2015, to February 1, 2016. 

Adds new sections adding language to GS 122C-115.3 governing the Secretary (Secretary) of Health and Human Services's approval of a county's withdrawal from an area authority on mental health, developmental disabilities, and substance abuse services operating under a 1915(b)/(c) Medicaid Waiver. The new language requires the Secretary to adopt rules creating a process for withdrawal, as required by GS 122C-112.1(38) and SL 2012-151, and prohibits the Secretary from approving a county's withdrawal until these rules are established. 

Amends GS 122C-118.1, pertaining to the structure of boards of the area authorities. The amendment allows the boards of county commissioners within certain large multicounty areas to appoint members of the area board through a process other than as required by this section if at least two thirds of the counties (was, each county) adopts a resolution to that effect. Allows the Secretary to approve an appointment process that delegates appointment authority to intermediary bodies. Adjusts the board membership requirement for hospital administrators who serve as nonvoting members who participate only in board activities that are open to the public. The amendment puts these limits on the membership of a hospital administrator only if the hospital receives reimbursement from the LME/MCO. 

Amends GS 122C-121 (director of an area board) and GS 122C-154 (personnel) to require approval of certain salary adjustments by the Director of the Office of State Human Resources (Director) and by the Secretary (was, just the Director). Amends the statute on personnel to require an area board to submit documentation of comparable salaries in comparable operations within the region to the Director before approving a salary adjustment that is above the normal allowable salary. 

Adds two new subsections to GS 122C-121 to require appointment of an area director based on the recommendation of a search committee with specified membership and requiring 30 days' prior written notice to the Secretary before an area director may be terminated. 

Includes three new uncodified sections, as follows.

The first uncodified section maintains and extends the pilot program of the Department's Division of Health Service Regulation to study the use of electronic supervision devices as an alternative means of supervision during sleep hours at facilities for children and adolescents who have a primary diagnosis of mental illness or emotional disturbance.

The second section requires the Department's Division of Mental Health, Developmental Disabilities, and Substance Abuse Services to distribute one-twelfth of each LME/MCO's allocation each month by the last working day of the month.

The third uncodified section requires the Department to develop a plan for extending Community Guide services to individuals on the Medicaid Innovations Waiver waiting list and requires the Department to report to the Joint Legislative Oversight Committee on Health and Human Services on the plan by March 15, 2016.  

Makes technical changes. 

Changes the act's short and long titles. 

Intro. by Hartsell.GS 122C
S 391 (2015-2016) COUNTY OMNIBUS LEGISLATION (NEW). Filed Mar 24 2015, AN ACT REESTABLISHING THE STATE PAYMENT IN LIEU OF TAXES STUDY COMMISSION; DIRECTING THE ENVIRONMENTAL REVIEW COMMISSION TO STUDY ISSUES RELATING TO STATEWIDE APPROACHES TO CONTROL INVASIVE AQUATIC NOXIOUS WEEDS IN THE STATE'S WATERS; DIRECTING THE REVENUE LAWS COMMITTEE TO STUDY ISSUES RELATING TO THE FINANCIAL IMPACTS ON LOCAL GOVERNMENTS OF EXEMPTING PREVIOUSLY TAXABLE PROPERTIES FROM THE PROPERTY TAX BASE WHEN ACQUIRED BY NONPROFITS; AND CLARIFYING REQUIREMENTS ON LOCAL GOVERNMENTS FOR DEPOSIT OF PUBLIC MONEY AND TO ELIMINATE UNINTENTIONAL NONCOMPLIANCE OR WASTE.

House committee substitute deletes all provisions of the 2nd edition and replaces it with the following. 

Establishes the State Payment in Lieu of Taxes Study Commission (Commission), consisting of 13 members. The 13 members include (1) three members of the House of Representatives appointed by the Speaker of the House of Representatives (Speaker); (2) three members of the Senate appointed by the President Pro Tempore of the Senate; (3) the Secretary of Revenue or a designee; (4) three members of the public appointed by the Speaker, including two based on the recommendations of the North Carolina Association of County Commissioners and one based on the recommendation of the North Carolina League of Municipalities; and (5) three members of the public appointed by the President Pro Tempore of the Senate, based on the same recommendations applied to the Speaker. Sets forth provisions for appointment of cochairs, meeting times and places, quorums, vacancies, staff, powers, and expenses. Requires the Commission to study issues relating to the development of a state payment in lieu of taxes for State properties. The Commission may submit an interim report and must submit a final report on the results of its study, including any proposed legislation, to the members of the Senate and the House of Representatives prior to the convening of the 2017 General Assembly. 

Directs the Environmental Review Commission to study issues relating to statewide approaches to control invasive aquatic noxious weeds in the state's waters and report to the 2016 Regular Session of the 2015 General Assembly. 

Directs the Revenue Laws Study Committee to study the financial impacts on local governments of exempting previously taxable properties from the property tax base when acquired by nonprofits. Prohibits the committee from considering the taxation of property used for religious purposes. The committee must report its findings and recommendations to the 2016 Regular Session of the 2015 General Assembly.

Amends GS 159-32 to allow local governments and public authorities to deposit cash less often than monthly until the amount of cash on hand reaches $250, at which point deposit is required. Also provides for submission of cash to a properly licensed and recognized cash collection service. This section becomes effective January 1, 2016. 

Changes the act's short and long titles. 

Intro. by Tarte.STUDY, GS 159
S 513 (2015-2016) NORTH CAROLINA FARM ACT OF 2015. Filed Mar 25 2015, AN ACT TO PROVIDE REGULATORY RELIEF TO THE AGRICULTURAL COMMUNITY OF NORTH CAROLINA BY PROVIDING FOR VARIOUS TRANSPORTATION AND ENVIRONMENTAL REFORMS AND BY MAKING VARIOUS OTHER STATUTORY CHANGES.

House committee substitute makes the following changes to the 6th edition. 

Deletes amendments to GS 106-2.3, which established policy supporting sustainable agriculture. 

Adjusts the amendment to GS 20-118(c)(12) to expand an exception to road weight limitations for agriculture, dairy, and crop products to include products traveling from a holding facility (was, from a farm only) and those traveling to a feed mill (was, to a processing plant or market only). 

Amends proposed GS 121-39A to remove the word "substantial" from its title and body and to make other changes, as follows. Includes new subsection (a) stating that easements secured by the Agricultural Development and Farmland Preservation Trust Fund or any secured with federal funds where at least one party to the agreement is a public body of the State may not be modified or terminated for the purposes of economic development. Changes the conditions for modification or termination of a conservation agreement where at least one party to the agreement is a public body of the State to require a conservation benefit analysis and to allow modification or termination only if the analysis concludes that it results in a greater benefit to conservation. Requires the analysis to be reported to the Council of State before the Council votes on the final decision to modify the agreement.

Removes proposed GS 106-549.97, which relates to the transfer of the captive cervid program to the Department of Agriculture and Consumer Services. Adjusts the amendments to GS 113-272.6 and removes the authority of the Wildlife Resources Commission (Commission) to regulate importation of cervids and prohibits importation altogether. Removes references to hunt facilities as defined by USDA Standards and a definition of non-farmed cervid. Makes the sale of antlers, antler velvet, or hides from captive cervids by the Wildlife Resources Commission permissive instead of required. Retains the authority of the Commission to adopt rules for fencing, tagging, record keeping, and inspection of captive cervid facilities and to issue captivity permits. No longer deletes GS 106-549.98 concerning the inspection fees for facilities that perform slaughtering, rendering or similar services.

Deletes amendments to GS 62-133.8(e), which governs out-of-state swine waste. 

Moves an amendment to GS 143-215.94B (concerning the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund) from GS 143-215.94D (concerning the Noncommercial Leaking Petroleum Underground Storage Tank Cleanup Fund) pertaining to claims for third-party damage from noncommercial underground storage tanks.

Removes sections that established a Renewable Energy Economic Development Study Committee. 

Includes a new section to allow alternative forms of documentation for participation in certain agricultural cost-share programs. Amends GS 106-850(b)(10) and GS 139-60(c1) to replace documentation requirements with a requirement that the applicant meets the definition of a bona fide farm in GS 153A-340(b)(2). 

Makes technical changes. 

S 698 (2015-2016) LEGACY MEDICAL CARE FACILITY/CON EXEMPT. (NEW) Filed Mar 26 2015, AN ACT TO PROVIDE FOR CERTAIN EXEMPTIONS UNDER THE CERTIFICATE OF NEED LAW.

House committee substitute deletes all provisions of the 1st edition and replaces it with the following. 

Amends GS 131E-184 to exempt a Legacy Medical Care Facility from certificate of need review when being acquired or reopened. Requires the operator of the facility to submit written notice to the Department of Health and Human Services concerning its intention to acquire or reopen a Legacy Medical Care Facility and that it will be operational within 36 months of the notice. 

Amends GS 131E-76, the definitions for use in the Hospital Licensure Act, adding and defining Legacy Medical Care Facility to mean an institution that (1) is not presently operating, (2) has not continuously operated for at least the last six months, and (3) within the last 24 months has been operated by a person holding a license pursuant to GS 131E-77 and was primarily engaged in providing inpatients specified services by or under the care and supervision of physicians.

Changes the act's short and long titles. 

Intro. by Hise.GS 131E

The Daily Bulletin: 2015-09-24

The Daily Bulletin: 2015-09-24

ACTIONS ON BILLS

Actions on Bills: 2015-09-24

PUBLIC BILLS

H 8: COURT OF APPEALS ELECTION MODIFICATIONS (NEW).

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant 36(b)

H 117: NC COMPETES ACT.

    Ratified

H 215: PROCEDURE FOR WAIVER OF JURY TRIAL.

    Senate: Conf Com Reported
    Senate: Placed On Cal For 09/28/2015
    House: Conf Com Reported
    House: Placed On Cal For 09/28/2015

H 272: APPOINTMENTS BILL 2015 (NEW).

    Senate: Passed 3rd Reading
    Engrossed
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 09/28/2015
    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading

H 297: END MARKETING/SALE UNBORN CHILDREN BODY PARTS (NEW).

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant 36(b)
    House: Placed On Cal For 09/28/2015

H 318: PROTECT NORTH CAROLINA WORKERS ACT.

    Senate: Amend Adopted A1
    Senate: Amend Adopted A2
    Senate: Amend Failed A3
    Senate: Passed 2nd Reading
    Engrossed

H 361: Principle-Based Reserving/Revise Ins. Laws

    Pres. To Gov. 9/24/2015

H 373: ELECTIONS. (NEW)

    Senate: Conf Report Adopted
    House: Conf Report Adopted
    House: Ordered Enrolled
    Senate: Conf Report Adopted
    House: Conf Report Adopted
    House: Ordered Enrolled
    Ratified

H 436: UNAUTHORIZED PRACTICE OF LAW CHANGES.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant 36(b)

H 495: OSHR MODERNIZATION/TECHNICAL CHANGES.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 09/28/2015

H 539: CHARTER SCHOOL FUNDING. (NEW)

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 09/28/2015

H 679: UNC SELF-LIQUIDATING PROJECTS.

    Ratified

H 698: BABY CARLIE NUGENT BILL.

    Pres. To Gov. 9/24/2015

H 730: Next Generation 911

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

H 765: REGULATORY REFORM ACT OF 2015.

    House: Conf Com Reported
    Senate: Conf Com Reported
    House: Placed On Cal For 09/28/2015
    Senate: Placed On Cal For 09/28/2015

H 813: RESULTS FIRST FRAMEWORK (NEW).

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate

H 850: EASTERN BAND OF CHEROKEES/LAW ENFORCEMENT.

    Pres. To Gov. 9/24/2015

H 912: TAXATION OF TRIBAL LAND AND TOBACCO PRODUCTS (NEW).

    House: Conf Com Dismissed
    House: Reconsidered Concurrence
    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 924: HIGHWAY SAFETY/OTHER CHANGES.

    Senate: Placed on Today's Calendar
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Engrossed
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 09/29/2015

H 943: CONNECT NC BOND ACT OF 2015.

    Senate: Passed 3rd Reading
    Engrossed
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Cal Pursuant Rule 36(b)
    House: Ruled Material
    House: Placed On Cal For 09/28/2015

S 97: STATE ADVISORY COUNCIL ON INDIAN EDUCATION.

    Pres. To Gov. 09/24/2015

S 159: CORRECTED REVAL./MINIMAL REFUNDS/PROP. TAXES. (NEW)

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading

S 195: MOTOR VEHICLE SERVICE AGREEMENT AMENDMENTS.

    Senate: Concurred In H/Com Sub
    Senate: Ordered Enrolled

S 238: STALKING BY GPS/CRIMINAL OFFENSE.

    Senate: Conf Report Adopted
    House: Conf Report Adopted
    Senate: Ordered Enrolled

S 370: E-SIGNATURES/VEHICLE TITLE AND REGISTRATION.

    Pres. To Gov. 09/24/2015

S 371: LME/MCO CLAIMS REPORTING/MENTAL HEALTH AMENDS. (NEW)

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate
    Senate: Special Message Received For Concurrence in H Com Sub
    Senate: Placed On Cal For 09/28/2015

S 379: CEMETERIES LOCATED ON STATE PROPERTY.

    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate
    Senate: Special Message Received For Concurrence in H Com Sub
    Senate: Placed On Cal For 09/28/2015

S 391: COUNTY OMNIBUS LEGISLATION (NEW).

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate
    Senate: Special Message Received For Concurrence in H Com Sub
    Senate: Placed On Cal For 09/28/2015
    Senate: Placed On Cal For 09/28/2015

S 472: LOCAL INCENTIVES FOR HISTORIC REHABILITATION.

    Pres. To Gov. 09/24/2015

S 513: NORTH CAROLINA FARM ACT OF 2015.

    House: Withdrawn From Cal
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav Com Sub 3
    House: Cal Pursuant Rule 36(b)
    House: Passed 2nd Reading
    House: Passed 2nd Reading

S 605: VARIOUS CHANGES TO THE REVENUE LAWS.

    House: Passed 2nd Reading

S 698: LEGACY MEDICAL CARE FACILITY/CON EXEMPT. (NEW)

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 09/28/2015

S 721: ADJOURNMENT RESOLUTION.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received From Senate
    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

Actions on Bills: 2015-09-24

LOCAL BILLS

H 488: CENTRAL CAROLINA CC/BD. OF TRUSTEES.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Ordered Enrolled

H 526: STANFIELD ANNEXATION/LOCUST DEANNEXATION (NEW).

    Senate: Passed 2nd Reading

H 527: OMNIBUS LOCAL ACT (NEW).

    House: Concurred On 3rd Reading
    House: Ordered Enrolled

H 531: VARIOUS OCCUPANCY TAX CHANGES (NEW).

    House: Failed Concur In S Com Sub
    House: Conf Com Appointed

S 258: PARTY EXEC. COMM./FILL VACANCY/WASHINGTON CTY.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Enrolled

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