Identical to S 825, filed 11/28/18.
Directs the UNC Health Care System (UNCHCS) to modify its 340B program (a federal discount drug program) regarding its Disproportionate Share Hospital qualification, in cooperation with the Department of Public Safety, Health Services Section (DPS Health Services), and acquire necessary federal approval to provide HIV/AIDS and Hepatitis C medications to inmates. Requires UNCHCS and DPS Health Services to enter into a memorandum of understanding to modify and create policies and procedures regarding obtaining the medications. Directs UNCHCS and DPS Health Services to use telemedicine and the existing infectious disease clinics housed at Central Prison Healthcare Complex for treatment.
Directs the Office of State Budget and Management to transfer $25,000 for the 2018-19 fiscal year from DPS to UNCHCS to fund a legal consultant to assist with the 340B program design. Additionally allocates $7,000 of the DPS Health Services annual operating budget for federally required program auditing. Directs UNCHCS and DPS Health Services to develop a plan for obtaining additional costly medications such as drugs for cancer treatment through the 340B program.
Requires UNCHCS and DPS Health Services to report quarterly, beginning October 1, 2019, to the specified NCGA committees and division on the planned program implementation until a 340B program is in operation for purchasing HIV/AIDS and Hepatitis C medications.
Enacts GS 143B-707.5, creating an annual joint reporting requirement for UNCHCS and DPS Health Services containing annual savings achieved from purchasing inmate medications through a 340B program and any activities or plan to maintain or expand medications purchased through the program.
Directs DPS Health Services to revise its medication administration protocol to reflect that any supply of a prescription for the treatment of conditions other than HIV with a per-supply value of $1,000 or more be designated as Direct Observation Therapy. Directs DPS to report to the specified NCGA committee regarding the revised protocol by October 1, 2019.
Enacts GS 143B-707.6, requiring DPS Health Services to collect data on medication losses occurring during inmate transfer and develop internal controls to limit these losses, and investigate losses valued at more than $200. Further, requires DPS to establish disciplinary actions for staff found responsible for inmate medication losses during transfer. Makes DPS Health Services responsible for disciplinary action for their prison staff found responsible for medications lost during inmate transfers and directs DPS Health Services to refer incidents involving custody staff to the appropriate unit for action.
Directs DPS to conduct an internal audit of its processes for transferring medications during inmate transfer, specifically examining medications losses incurred during 2018-19 and including recommendations for improvement and more accountability. Requires DPS to submit the audit to the specified NCGA committee by December 1, 2019.
Enacts GS 143B-707.7, directing DPS Health Services to award a statewide contract to a private pharmacy for local purchases of inmate pharmacy needs by October 31, 2019. Requires prison health services staff to use the contracted pharmacy except under extenuating services and with the specified approval. Sets out procedures for DPS Health Services to collect information on all prescription purchases from the contracted pharmacy and outside pharmacy, and establish formal oversight mechanisms.
Directs DPS to report to the specified NCGA committee by November 1, 2019, on its efforts to award the required contract.
Effective July 1, 2019.
The Daily Bulletin: 2018-11-28
Printer-friendly: Click to view
The Daily Bulletin: 2018-11-28
| Intro. by Horn. | GS 143B |
Part I appoints the specified persons to the following boards and commissions upon the recommendation of the Speaker, effective on the specified dates, with terms expiring as provided: the Fayetteville State University Board; the North Carolina Charter Schools Advisory Board; the Virginia-North Carolina Interstate High-Speed Rail Compact; the Board of Directors of the Roanoke Island Historical Association, Inc., the North Carolina Emergency Medical Services Advisory Council; and the Permanency Innovation Initiative Oversight Committee.
Part III makes modifications to the specified sections of SL 2018-127: extending the term of the 911 Board appointees to now expire on December 31, 2022 (was, 2021); appointing Dr. David B. Lesser to the License to Give Trust Fund Commission, effective January 1, 2019, for a term expiring on December 31, 2020 (removing previously appointed Tammy B. Owens); extending the term of the North Carolina Mining Commission appointee to now expire December 31, 2022 (was, June 30, 2022); changing the term of the North Carolina Sheriffs' Education and Training Standards Commission appointee to expire on August 31, 2021 (was, June 30, 2021), effective September 1, 2018 (was, July 1, 2018); and changing the term of the State Judicial Council appointee to now expire December 31, 2022 (was, 2021), effective January 1, 2019 (was, 2018).
| Intro. by Rules, Calendar, and Operations of the House. | UNCODIFIED |
The Daily Bulletin: 2018-11-28
Senate committee substitute makes the following changes to the 1st edition.
Part I
Amends Section 1.3 by adding that funds received by Golden L.E.A.F. under SL 2018-136 are also not subject to GS 143C-6-23(d) (concerning Office of State Budget rules requiring uniform administration of state grants).
Part II
The committee substitute adds the following new provisions.
Allows the Department of Public Instruction (DPI) to transfer up to $350,000 from the State Public School Fund to the Education Fund to support the Florence Aid to Students and Teachers of North Carolina initiative.
Modifies the formula for determining the average daily membership of the school supervised by the principal under the 2018-19 Principal Annual Salary Schedule. Limits this change to principals supervising schools that (1) are located in a county designated under a major disaster declaration by the President as a result of Hurricane Florence and (2) were closed for at least 15 school days September-November 2018 as a result of the hurricane.
Allows the funds provided to UNC for repair and renovation of capital facilities damaged by Hurricane Florence on the campus at Wilmington, Pembroke, and Fayetteville to also be used for temporary facility costs associated with hurricane damage.
Sets the beginning date for peak season for soil testing for 2018 as December 15.
Amends Section 5.11 of SL 2018-136 by amending the criteria that must be met in order to be eligible for financial assistance for losses of agricultural commodities to require that the commodity be planted but not harvested (was, be planted) on or before September 13, 2018. Also amends Section 5.11 by requiring that the Department of Agriculture and Consumer Services (DACS) report quarterly on six specified issues related to the financial assistance program to the Fiscal Research Division. Effective October 16, 2018.
Provides that if a county is included in either a Secretarial Disaster Declaration for Hurricane Michael or a Presidential Federal Emergency Management Agency Declaration for Hurricane Michael and the Commissioner of Agriculture and Consumer Services determines that funds from the Hurricane Florence Disaster Recovery Fund that are allocated to the Hurricane Florence Agricultural Disaster Program for 2018 are needed to address the impacts of Hurricane Michael in those counties, then the Office of State Budget and Management (OSBM) must transfer the needed funds from the Hurricane Florence Disaster Recovery Fund to the State Emergency Response and Disaster Relief Fund with the funds to be used for the purposes in the Hurricane Florence Agricultural Disaster Program of 2018.
Allows funds allocated to DACS for stream debris removal to be transferred to the Hurricane Florence Disaster Recovery Fund and used to fund removal of stream debris deposited by Hurricane Florence. Requires DACS to track and submit a quarterly report to the Fiscal Research Division on funds transferred under this authority.
Requires funds allocated by this act for commercial fishing assistance to be used to reimburse persons holding a Standard Commercial Fishing License, a Retired Standard Commercial Fishing License, or a North Carolina Resident Shellfish License for all or part of September 1, 2018, through November 30, 2018, for reductions in landings. Allows for the issuance of emergency and temporary rules to implement this provision and allows the Division to use up to 2.5% of the funds for administrative costs.
Requires the Wildlife Resources Commission to recommend legislation to specified NCGA committees and division by March 1, 2019, on facilitating the identification of persons responsible for abandoned or derelict vessels in order to require those individuals to take responsibility for their vessels and to give the State the authority to dispose of vessels when no responsible owner is found. Requires consultation with a working group consisting of specified entities.
Amends Section 13.9 of SL 2018-5 by changing the permissible use of the $5 million appropriated to the Department of Environmental Quality, Division of Water Resources, to provide a grant-in-aid to Resource Institute, Inc., by specifying that the purpose is to work with local governments on Topsail Island and engineering firms to develop, plan, or implement projects intended to mitigate the impacts of future hurricanes on the Island (was, for the purpose of working with coastal local governments and engineering firms to explore emerging techniques that can extend the useful life of beach nourishment projects). Expands the items that must be included in the report by Resource Institute, Inc., to also include a list of projects funded on Topsail Island, including project costs and scope.
Allows funds provided to the Golden L.E.A.F. Inc. to repair and replace local government infrastructure, vehicles, equipment, and facilities to also be used to provide grants for similar purposes to 501(c)(3) organizations as well as private nonprofit organizations and established religious organizations to repair and replace places of worship impacted by flooding from Hurricane Florence.
Amends GS 7A-64, authorizing the Director of the Administrative Office of the Courts (AOC) to provide temporary district attorneys upon request from a district attorney of a county in a jurisdiction subject to a gubernatorial disaster declaration. Amends GS 7A-130, allowing for district court sessions to be conducted at a location outside a district county seat by order of the chief district court judge when exigent circumstances exist within a judicial district and prior approval is obtained as specified. Makes organizational and clarifying changes to these statutes. Amends GS 7A-146, adopting similar language to modify the chief district court judge’s administrative authority to assign magistrates to temporary duty outside their county of residence but within their district when exigent circumstances exist (currently, characterized as an emergency circumstance), or to temporary duty in another district at the request of another chief district court judge (currently, limited to adjoining districts). Makes conforming changes to GS 7A-343.
Directs the Director of the Budget to develop a five-year plan, beginning in the 2019-20 fiscal year, to replenish the Savings Reserve and submit the plan to the specified NCGA committee and division chairs by March 1, 2019.
Modifies Section 5.8 of SL 2018-136, establishing a separate quarterly reporting requirement beginning January 1, 2019, for the Office of Recovery and Resiliency (Office) to the specified NCGA entities on the use of disaster recovery and assistance funds expended from the State Emergency Response and Disaster Relief Fund for Hurricane Matthew, with identical required content as the quarterly report for expenditures of the Hurricane Florence Recovery Fund set out in the Section. These reports must be included in the Office’s annual report compiling the quarterly reports required by the Section. Adds that the separate quarterly reports must include information about all expenditures and encumbrances pursuant to the act and any other act providing funds to address the impacts of Hurricanes Matthew and Florence, including administration or receipt of funds by any non-State entities.
Amends Section 5.7(a) of SL 2018-136, further specifying that the Office is responsible for the administration of funds provided by the Community Development Block Grant Disaster Recovery program for Hurricanes Florence and Matthew.
Amends Section 5.11 of SL 2016-124, requiring all Community Development Block Grant Disaster Recovery Program funds received by the Department of Commerce in response to the described declarations and executive orders to be transferred to the Office instead of the Emergency Management Division (EMD). Makes conforming change to require the Office instead of EMD to assist the Department of Commerce in its required reporting related to Disaster Recovery Program funds.
Repeals monthly reporting requirements of the OSBM regarding the implementation of the Disaster Recovery Acts of 2016 and 2017 and the 2018 Disaster Recovery provisions set out in: Section 5.8 of SL 2016-124, Section 6 of SL 2017-119, and subsection 5.6(g) of SL 2018-5.
Modifies Section 5.19 of SL 2018-136, separating the financial and performance components of the required preliminary audit by the State Auditor of the Hurricane Florence Disaster Recovery Fund. Now requires the preliminary financial audit be conducted by October 1, 2019; March 1, 2021; and every two years thereafter (was, March 1, 2019); and requires performance audits of the Fund be conducted by March 1, 2020, and every three years thereafter. Requires a final financial and performance audit to be conducted once all funds are expended, or by March 1, 2025, whichever is earlier (previously, additional periodic financial and performance audits were at the request of the Director of the Budget and the General Assembly).
Part III
Limits the scope of Section 1.3 of the act (which allocates the appropriated funds to for the specified uses) to the counties designated a major disaster under a Presidential declaration as a result of Hurricane Florence.
Incorporates by reference Sections 4.2 (Reimbursement of funds provided by the act), 4.3 (Additional limitations to the use of funds), 5.18 (Expansion of eligibility for disaster housing assistance), 5.21 (Involvement of historically underutilized businesses), 5.22 (Legislative review of federal involvement and remaining unmet needs), 5.23 (Prohibition on the use of state funds to construct certain residences), 5.24 (Subrogation by state of right to insurance coverage for damaged homes purchased or relocated under the Hazard Mitigation program), and 6.1 (Integration of the Joint Appropriations Committee Report dated October 15, 2018) of SL 2018-136 (2018 Hurricane Florence Disaster Recovery Act).
Amends Section 5.24 of SL 2018-136 to refer to the Hurricane Florence Disaster Recovery Fund instead of the State Emergency Response and Disaster Relief Fund, subrogating the Hurricane Florence Disaster Recovery Fund to a person’s rights under and insurance coverage for damage to a home relocated or purchased with funds from the Hazard Mitigation Program or the State Acquisition and Relocation Fund.
Senate amendments make the following changes to the 2nd edition.
Amendment #1 modifies the stakeholders in the working group the Wildlife Resources Commission is to consult with in developing legislative recommendations to remove or dispose of abandoned and derelict vessels (Section 2.8). Removes the Division of Marine Fisheries to instead include the Division of Coastal Management of the Department of Environmental Quality.
Amendment #2 authorizes the following uses for funds appropriated in the Hurricane Florence Disaster Recovery Fund to the Department of Public Safety for state match for federal disaster assistance. Allows up to $20 million to be made available to the Office of Recovery and Resiliency (Office) to provide local government loans to counties designated a major disaster by the President as a result of Hurricane Florence to assist with cash flow while awaiting federal reimbursement. Sets parameters for the Office to administer the loans. Allows up to $5 million to Back @ Home North Carolina in the Department of Health and Human Services to aid individuals displaced by Hurricane Florence.
Senate amendments make the following changes to the 1st edition.
Amendment #1 modifies the rules the Bipartisan State Board of Elections and Ethics Enforcement (State Board) is required to adopt regarding voter photo identification cards under proposed GS 163A-869.1. Now requires the State Board to adopt rules to ensure voter photo ID cards are issued at any time, except during the time period between the end of one-stop voting (previously, between the end of the voter registration deadline) for a primary or election and election day for each primary and election.
Amendment #2 modifies proposed GS 163A-1145.1 concerning the reasonable impediment exception provided for a voter who does not produce a valid and current photo ID. Changes the reasonable impediment exception to require a voter to complete a reasonable impediment declaration form instead of listing the impediment in the affidavit. Directs the State Board to adopt a reasonable impediment declaration form that at minimum includes specified check boxes to identify the voter's reasonable impediment.
Amendment #3 modifies the acceptable forms of photo identification set out in proposed GS 163A-1145.1 to add a valid and unexpired, or expired for one year or less, student identification card issued by a community college as defined in GS 115D-2(2) (previously, issued by a constituent institution of the North Carolina Community College system). Makes conforming changes to proposed GS 163A-1145.2 (Approval of student identification cards for voting identification) and proposed implementation language in Section 1.2(e) of the act.
Amendment #4 makes a technical correction to proposed GS 163A-1145.3 (Approval of employee identification cards for voting identification).
Amendment #10 modifies proposed GS 163A-869.1 regarding the voter photo identification cards. Extends the validity of the cards to now expire 10 years rather than eight years from the date of issuance. Adds a new requirement for county boards of elections to notify any voter issued a voter photo ID card within ninety days prior to the card's impending expiration. Modifies proposed GS 163A-1145.1 concerning the natural disaster exception, allowing for a voter who is a victim of a natural disaster occurring within 100 days before election day (previously, 60 days before election day) and unable to produce an acceptable form of photo identification to cast a provisional ballot upon completion of an affidavit, as specified.
Amendment #11 adds to the public education initiatives the State Board must conduct, requiring the provided statement be prominently placed in all voter education materials mailed to citizens and on informational posters displayed at one-stop voting sites and precincts on election day. Make conforming organizational changes.
Directs the UNC Health Care System (UNCHCS) to modify its 340B program (a federal discount drug program) regarding its Disproportionate Share Hospital qualification, in cooperation with the Department of Public Safety, Health Services Section (DPS Health Services), and acquire necessary federal approval to provide HIV/AIDS and Hepatitis C medications to inmates. Requires UNCHCS and DPS Health Services to enter into a memorandum of understanding to modify and create policies and procedures regarding obtaining the medications. Directs UNCHCS and DPS Health Services to use telemedicine and the existing infectious disease clinics housed at Central Prison Healthcare Complex for treatment.
Directs the Office of State Budget and Management to transfer $25,000 for the 2018-19 fiscal year from DPS to UNCHCS to fund a legal consultant to assist with the 340B program design. Additionally allocates $7,000 of the DPS Health Services annual operating budget for federally required program auditing. Directs UNCHCS and DPS Health Services to develop a plan for obtaining additional costly medications such as drugs for cancer treatment through the 340B program.
Requires UNCHCS and DPS Health Services to report quarterly, beginning October 1, 2019, to the specified NCGA committees and division on the planned program implementation until a 340B program is in operation for purchasing HIV/AIDS and Hepatitis C medications.
Enacts GS 143B-707.5, creating an annual joint reporting requirement for UNCHCS and DPS Health Services containing annual savings achieved from purchasing inmate medications through a 340B program and any activities or plan to maintain or expand medications purchased through the program.
Directs DPS Health Services to revise its medication administration protocol to reflect that any supply of a prescription for the treatment of conditions other than HIV with a per-supply value of $1,000 or more be designated as Direct Observation Therapy. Directs DPS to report to the specified NCGA committee regarding the revised protocol by October 1, 2019.
Enacts GS 143B-707.6, requiring DPS Health Services to collect data on medication losses occurring during inmate transfer and develop internal controls to limit these losses, and investigate losses valued at more than $200. Further, requires DPS to establish disciplinary actions for staff found responsible for inmate medication losses during transfer. Makes DPS Health Services responsible for disciplinary action for their prison staff found responsible for medications lost during inmate transfers and directs DPS Health Services to refer incidents involving custody staff to the appropriate unit for action.
Directs DPS to conduct an internal audit of its processes for transferring medications during inmate transfer, specifically examining medications losses incurred during 2018-19 and including recommendations for improvement and more accountability. Requires DPS to submit the audit to the specified NCGA committee by December 1, 2019.
Enacts GS 143B-707.7, directing DPS Health Services to award a statewide contract to a private pharmacy for local purchases of inmate pharmacy needs by October 31, 2019. Requires prison health services staff to use the contracted pharmacy except under extenuating services and with the specified approval. Sets out procedures for DPS Health Services to collect information on all prescription purchases from the contracted pharmacy and outside pharmacy, and establish formal oversight mechanisms.
Directs DPS to report to the specified NCGA committee by November 1, 2019, on its efforts to award the required contract.
Effective July 1, 2019.
| Intro. by B. Jackson. | GS 143B |
The Daily Bulletin: 2018-11-28
Applicable only to Macon and Clay Counties, makes it a Class 2 misdemeanor for any person to intentionally shine a light on any wild animal from the right-of-way of any public road, street, or highway between the half hour after sunset and the half hour before sunrise. Clarifies that the act does not apply to the necessary shining of light by motorists engaged in normal travel and not attempting to attract or immobilize wildlife by use of lights. Designates enforcement responsibility. Effective April 1, 2019, and applies to offenses committed on or after that date.
Enacts the following, applicable to Wake County only.
Directs the Wake County Board of Commissioners to (1) reestablish the fire protection tax to be levied within the boundaries of the Fairview fire protection district at the same rate as that currently levied in the Wake County fire protection district; and (2) remove the Fairview fire protection district from the Wake County fire protection service district and from the jurisdiction of the Wake County Fire Commission.
Provides that all firefighting apparatus and equipment located at either station of the Fairview Rural Fire Department (Department) becomes the property of the Department, except any vehicle or associated equipment under a contract for the provision of services other than fire protection. Further provides that all funds collected by the Department held administratively by Wake County remain the property of the Department and available only for use at the direction of the Department's Board of Directors.
Amends GS 69-25.7, establishing the Fairview Fire Protection District Commission in order to administer the funds from the fire protection tax. Provides for the appointment and terms of commissioners.
| Intro. by Dollar. | Wake |
The Daily Bulletin: 2018-11-28
Actions on Bills: 2018-11-28
H 1104: HONOR KEVIN CONNER, FORMER STATE TROOPER.
H 1107: IMPLEMENTATION OF VOTER ID CONST. AMENDMENT.
H 1108: PED/INMATE PHARMACY PURCHASING/MONITORING.
H 1111: ADDITIONS & CORRECTIONS TO 2018 APPOINTMENTS.
S 820: HIGH-PAY JDIG JOB CAP MODIFICATION.
S 823: HURRICANE FLORENCE/SUPPLEMENTAL ACT.
S 824: IMPLEMENTATION OF VOTER ID CONST. AMENDMENT.
S 825: PED/INMATE PHARMACY PURCHASING/MONITORING.
Actions on Bills: 2018-11-28
H 1105: CLEVELAND CO. BD. OF ED./EVEN-YEAR ELECTIONS.
H 1106: CLEVELAND CO. BD. OF EDUC. EVEN-YR ELECT.
H 1109: MACON/CLAY/NO RIGHT-OF-WAY SPOTLIGHTING.
H 1110: TEN-TEN FIRE DISTRICT GOVERNANCE.
© 2024 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.