Senate committee substitute to the 4th edition makes the following changes.
Amends GS 108A-145.3 by amending the following definitions as they apply to the Hospital Assessment Act. Defines Consumer Price Index: All Urban consumers as the Consumer Price Index for All Urban Consumers for the South Region published by the Bureau of Labor Statistics of the US Department of Labor (was, the most recent Consumer Price index for All Urban Consumers for the South Region published by the Bureau of Labor Statistics of the US Department of Labor available on March 1 of the previous State fiscal year). Defines the Consumer Price Index: Medical Care as the Consumer Price Index (was, most recent Consumer Price Index) for all Urban Consumers for Medical Care, US city average, seasonally adjusted, published by the Bureau of Labor Statistics of the US Department of Labor. Defines Medicare Economic Index as the percent change in the Medicare Economic Index established in rule by CMS and in effect on March 1 of the previous State fiscal year (was, the index published by the Medicare Economic Index Technical Advisory Panel).
Further amends GS 108A-147.7, concerning the State administrative component, to set the State administration subcomponent for each quarter of the 2024-25 Sate fiscal year at $4,187,700 (was, $4,050,000 increased by the Consumer Price Index: All Urban Consumers in the current law and $4,050,000 increased by a percentage that is the sum of each monthly percentage change in the Consumer Price Index: All Urban consumers for the most recent 12 months available on the first day of the current quarter in the previous edition). Amends the calculation of the amount of the increase for the State administration subcomponent and the county administration subcomponent for subsequent State fiscal years so that it is tied to the changes in the Consumer Price Index: All Urban Consumer for the most recent 12 months available on March 1 of the previous State fiscal year (was, for the most recent 12 months available on the first day of the current quarter).
Adds a new Part to the act that amends GS 20-79.7 by increasing from $20 to $30 the additional fee for the NC Tennis Foundation license plate; makes a corresponding $10 increase in the amount that is to be credited to the Collegiate and Cultural Attraction Plate Account, so that it is now $20. Effective July 1, 2024.
The Daily Bulletin: 2024-06-11
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The Daily Bulletin: 2024-06-11
House committee substitute to the 1st edition makes the following changes.
Amends new GS 130A-19.1, as follows. Changes the definition of permissible concentration level to mean any maximum contaminant level that may be established by the EPA for the per- and polyfluoroalkyl substances (PFAS) compound in question, or combined compounds (previously, sets forth separate standards for individual PFAS compounds [that was the lesser of 10 parts per trillion [ppt] or the EPA standard above] and combined PFAS compounds [a total concentration of 70 ppt]). Changes the type of PFAS manufacturers from facilities to persons and removes production of PFAS precursors from the definition. Changes enforcement actions by the Secretary of Environmental Quality (Secretary), as follows. Requires the Secretary to determine that the responsible party is a PFAS manufacturer, that the manufacturer has discharged or released PFAS into the environment that has caused or contributed to the presence of PFAS in the public water system, and that the concentration of PFAs in the public water system has exceeded a permissible concentration level (was, Secretary determines that the concentration of any PFAS in a public water system has exceeded a permissible concentration level). Removes requirement that a judicial action for enforcement by the Secretary be calendared for trial within 60 days after service of the complaint upon the defendant. Specifies that a GS 130A-19.1 remedy is in addition to existing statutory and common law remedies. Makes clarifying, technical, and organizational changes.
Reduces the appropriation from $2 million to $300,000 for 2024-25 (was, 2023-24) from the General Fund to the Department of Environmental Quality (DEQ) to implement the act. Extends DEQ’s reporting deadline to the specified NCGA committees by one year.
Extends the effective date of the appropriation and reporting requirements from July 1, 2023, to September 1, 2024. Retains the effective date for the remainder of the act and specifies that it applies to costs incurred on or after January 1, 2017, to remove, correct, or abate adverse effects upon a water supply from contamination, irrespective of when a maximum contaminant level was established by the EPA.
House committee substitute to the 1st edition makes the following changes.
Amends proposed new GS 58-3-254 as follows. Requires that the coverage for transcranial magnetic stimulation be for those procedures preformed by a healthcare facility or properly licensed healthcare provider for whom ordering, performing, and supervising the treatment of depression and other mental disorders is within their scope of practice (was, by any properly licensed healthcare provider or healthcare facility). Adds that it is within the discretion of each insurer offering a health benefit plan in the State that provides coverage for transcranial magnetic stimulation and the State Health Plan to determine: (1) whether to cover transcranial magnetic stimulation procedures, (2) indications for which transcranial magnetic stimulation procedures must be covered, (3) requirements for coverage for transcranial magnetic stimulation procedures, and (4) reimbursement rates for transcranial magnetic stimulation procedures. Also adds that reimbursement rates that differ based on the following are allowed and not considered to be a prohibited penalty: (1) a healthcare provider's participation or lack of participation in an insurer's network; (2) the location where the transcranial magnetic stimulation services are provided; or (3) the level of training, certification, or education of the healthcare provider, within that provider's medical specialty, that has provided the transcranial magnetic stimulation services.
House committee substitute to the 1st edition makes the following changes.
Amends the definitions that apply to Part 3, Individualized Treatments, of Article 23A of GS Chapter 90, by removing the term life-threatening or severely debilitating illness and instead separating it out into two separately defined terms and defines those terms in a way that incorporates the previous cross-reference to federal law. Defines life-threatening illness as diseases or conditions where the likelihood of death is high unless the course of the disease is interrupted and diseases or conditions where potentially fatal outcomes where the end point of clinical trial analysis is survival. Defines severely debilitating illness as diseases or conditions that cause major irreversible morbidity.
Amends proposed new GS 90-325.24 by adding that denial of coverage by the Medicaid program is not a violation of the prohibition on a State official, employee, or agent blocking or attempting to block an eligible patient's access to an individualized investigation drug, biological product, or device.
House committee substitute to the 1st edition makes the following changes.
Corrects the name of the EDGE Committee to the Joint Legislative Economic Development and Global Engagement Oversight Committee. Makes additional technical changes.
| Intro. by Johnson, Reives. | STUDY |
House committee substitute to the 3rd edition makes the following changes.
Amends proposed GS 90-270.208 by prohibiting the Rules of the PA Licensure Compact Commission from modifying or expanding the scope of practice of a physician's assistant as established by the laws of the Participating State.
| Intro. by Paré, Sasser, White. | GS 90 |
The Daily Bulletin: 2024-06-11
House committee substitute to the 3rd edition removes the content of the previous edition and replaces it with the following.
Section 1
Amends GS 115C-150.11 as follows. Removes the provision specifying that the schools for the deaf and blind (schools) are housed administratively with the Department of Public Instruction (DPI) for purposes of distributing state funds, but each school is operated independently with a board of trustees as the governing body. Creates the following as separate State agencies that are governed by boards of trustees: (1) Governor Morehead School for the Blind of the DPI, for the function, purpose, and duty of serving students who are blind or visually impaired from birth to age 22 (specifies that this includes the Governor Morehead Preschool); (2) Eastern North Carolina School for the Deaf of the DPI, for the function, purpose, and duty of serving students who are deaf or hard of hearing; and (3) North Carolina School for the Deaf of the DPI, for the function, purpose, and duty of serving students who are deaf or hard of hearing. Clarifies that the boards of trustees for the schools for the deaf and blind are subject to rules adopted by the State Board of Education (State Board) in accordance with GS Chapter 150B for public school units. Requires that DPI now enter into a memorandum of understanding with the schools to facilitate the purchase of other insurance policies for those schools, beyond coverage for professional liability policies. Requires the Department of Administration to provide each school with support related to finance, human resources, capital, and information technology and requires each school to enter into a memorandum of understanding with the Department for this support. Gives a school, its board of trustees, and the school’s members, employees, and agents, the immunities provided for under GS Chapter 115C applying to the State Board, Superintendent of Public Instruction, local boards of education, local school administrative units, and their members and employees. Sets out provisions under which this immunity is waived.
Amends GS 115C-150.16, concerning the exclusion of schools for the deaf and blind from the requirements of GS Chapter 115C, except as specified, by removing the provisions stating that schools for the deaf and blind are considered a State agency and specifies that they must comply with all requirements for State agencies in State law.
Section 2
Amends GS 115C-150.12A by prohibiting employees of the schools for the deaf and blind from being a member of the school’s board of trustees. Deems a board member that becomes an employee of that school to have resigned from their membership on the board. Also specifies that a majority of the voting members of the board of trustees (was, a majority of the board) constitutes a quorum.
Section 3
Repeals GS 115C-150.10(5) which defined school director as it is used in Article 9C, Schools for Deaf and Blind Students, as the executive officer of a school for the deaf or the school for the blind. Adds and defines the term superintendent as the chief administrator of a school for the deaf or the school for the blind.
Amends GS 115C-150.12B to require that each board of trustees appoint a superintendent for that school and requires the superintendent to meet the requirements for employment under GS 115C-271 (concerning local boards of education superintendents of schools). Makes all boards of trustee acts, that are not in conflict with State law, binding on the superintendent and requires the superintendent to carry out all rules and regulation of the board and other duties as prescribed by the board. Makes the superintendent, for purposes of the application to other statutes in GS Chapter 115C, equivalent of a superintendent of a local school administrative unit.
Gives the superintendent duties and responsibilities previously assigned to the director under GS 115C-150.12B, concerning personnel and human resources, GS 115C-150.12C, concerning making recommendations to the board on rules governing employee conduct, reporting, and care of school property, GS 115C-150.13A, concerning admissions and disenrollment, and GS 115C-150.15, concerning the receipt of reports and evaluation data and maintaining confidentiality.
Section 4
Amends GS 115C-150.12C by adding that the Governor Morehead School for the Blind, the Eastern North Carolina School for the Deaf, and the North Carolina School for the Deaf are regarded as a State agency for the purposes of the State Tort Claims Act and associated representation by the Office of the Attorney General with regards to litigation defense. Also allows a school’s board of trustees to purchase liability insurance and directors and officers insurance. Specifies that GS 115C-42 (concerning liability insurance and immunity for a local board of education) applies to a school that purchases liability insurance.
Section 5
Amends GS 115C-150.13A to specify that a school is responsible for providing free appropriate public education upon the student’s enrollment. Allows a parent to appeal a superintendent’s final determination of a student’s eligibility to the board of trustees (was, a parent may seek an impartial due process hearing following a determination on eligibility by the director). Specifies that parents may not seek an impartial due process hearing regarding an eligibility determination.
Amends GS 150B-1 by adding the Governor Morehead School for the Blind, the Eastern North Carolina School for the Deaf, and the North Carolina School for the Deaf to those entities that are exempt from the contested case provisions in GS Chapter 150B.
The sections above are effective July 1, 2024.
Section 6
Repeals Section 5 of SL 2023-10, which required DPI to continue its administrative duties and responsibilities for the North Carolina School for the Deaf, the Eastern North Carolina School for the Deaf, and the Governor Morehead School for the Blind until the board of trustees for each school has successfully transitioned into the administrative role required by that act, but in no event later than October 1, 2024.
Requires DPI, for the 2024-25 school year, to administratively house the North Carolina School for the Deaf, the Eastern North Carolina School for the Deaf, and the Governor Morehead School for the Blind, until the earlier of June 30, 2025, or certification that the schools have been established as a State agency. Requires DPI to give each school’s board of trustees access to all records and information pertaining to the school, and execute administrative matters at the direction of each board.
Provides liability for civil liability for the State Board, DPI, Superintendent of Public Instruction, or any of their members or employees for acts or omission of the North Carolina School for the Deaf, the Eastern North Carolina School for the Deaf, and the Governor Morehead School for the Blind or their members or employees.
Requires the Office of State Controller, Office of State Budget and Management, and Department of Administration to each designate a person as liaison for the school to assist with technical and administrative questions until the certification that the schools have been established as a State agency.
Section 7
Transfers from DPI and the State Board, to the schools, the powers, duties, and functions, records, personnel, contracts, property, and unexpended balances, upon certification that the schools have been established as a State agency.
Section 8
Amends Section 7(b) of SL 2023-10 by extending the deadline for the final report to the specified NCGA committee from the schools on plans and progress in the transition, from July 1, to September 1, 2024.
Section 9
Requires the Department of Administration to reassign all assets in Complex 1-92-9, except Sunshine House, to the Governor Morehead School; allows the Governor Morehead School and Department of Health and Human Services to enter into a memorandum of understanding related to the use of assets in the Complex for shared services.
Section 10
Amends GS 14-458.2 (concerning the crime of cyber-bullying of a school employee by a student) by amending the definition of school employee to mean an employee, or an independent contractor of a public school unit (was, of a local board of education, charter school, regional school, or a laboratory school); amends the definition of student to mean a person assigned to or enrolled in a public school unit (was, assigned to a school by a local board of education or has enrolled in a charter school, regional school, or a laboratory school).
Amends GS 115C-102.9 to require schools for the deaf and blind (was, regional schools) to report on access and connectivity separately for the dormitories and the student’s home when submitting information that is included in the digital learning dashboard.
Section 11
States the NCGA’s intent to appropriate recurring funds for the costs of the Department of Administration (Department) in providing administrative support for the schools and to appropriate recurring funds for insurance, legal, and information technology expenses.
Specifies that until the NCGA appropriates funds to the Department for administrative support for the schools, in order to get support from the Department, the schools are required to jointly enter a memorandum of understanding with the Department that includes payment for the costs of administrative support on a monthly basis of up to $57,083. Provides that if the Department is appropriated funds for the administrative support, then it must reimburse the school for any payments made under the memorandum in that fiscal year.
Makes conforming changes to the act's titles.
House committee substitute to the 1st edition removes the provisions of the previous edition and replaces it with the following.
Notwithstanding the time limits contained in GS 135-48.54 (pertaining to optional participation by charter schools operated by private nonprofits or municipalities in the State Health Plan for Teachers and State Employees [Plan]), permits the following charter schools to elect to become a participating employee unit in the Plan: (1) NC Leadership Academy located in Forsyth County; (2) Alpha Academy located in Cumberland County; (3) Durham Charter located in Durham County; and (4) United Community School located in Mecklenburg County. Requires that the election be made no later than 30 days after the act becomes law and must be made in accordance with all other requirements of GS 135-48.54.
Makes conforming changes to the act's titles.
| Intro. by Krawiec, Ford. | UNCODIFIED |
Senate committee substitute to the 2nd edition makes the following changes.
Amends the definitions of C-PACE toolkit, qualifying improvement, and renewable energy measure.
Now requires the statewide administrator to prepare a C-PACE toolkit with stakeholders and local governments subject to approval of program sponsor (was, in consultation with local governments and the program sponsor) under GS 160A-239.14 (administration of statewide C-PACE program). Amends the process for reviewing and evaluating C-PACE applications as follows. For existing buildings, changes the required conservation results so that it also includes conservation of energy that meets or exceeds then-existing State and federal building codes and efficiency standards or conservation codes. Adds a requirement for existing or new buildings, that there be certification by a licensed engineering firm or engineer that all available electric public utility energy efficiency and demand response programs available to property owners and any tenants thereof have been evaluated prior to applying for C-PACE financing. Makes technical changes.
Adds requirement to GS 160A-239.18 (concerning financing) that the total amount of financing of the qualifying improvement secured by the property does not exceed 35% of the value of the property. Provides for a calculation of value.
Amends GS 105-376(b) (concerning payment of purchase price by taxing units) so that any taxing unit purchasing property at foreclosure sale under GS 105-376 by paying full purchase price, takes the property subject to liens arising from C-PACE assessments, in addition to the other encumbrances listed.
Removes provisions appropriating $50,000 from the General Fund to the Department of Commerce to develop the C-PACE toolkit. Makes organizational changes.
The Daily Bulletin: 2024-06-11
House committee substitute to the 1st edition makes the following changes. No longer removes property described in Tract I and Tract II from the corporate limits of Boiling Spring Lakes.
| Intro. by Miller. | UNCODIFIED, Brunswick |
The Daily Bulletin: 2024-06-11
Senate committee substitute to the 2nd edition makes the following changes.
Amends the revisions to the terms of office for members of the Board of Trustees of Southwestern Community College to require that for the one term elected by the Macon County Board of Commissioners, expiring June 30, 2024, that the Jackson County Board of Commission (was, Macon County Board) elect one trustee to a term of four years (was, appoint a trustee to a term of one year); specifies that the term expires June 30, 2028. Removes the provision regarding the term elected by the Macon County Board of Commissioners before the act's effective date that expires June 30, 2025. Adds the following: (1) for the additional term to be elected by the Jackson County Board of Commissioners, the Board must elect one trustee to a term of one year, beginning July 1, 2024, so the term expires June 30, 2025 and (2) for the one term elected by the Swain Board of Education expiring June 30, 2025, the NCGA, upon the recommendation of the Speaker of the House, must appoint one trustee to a term of two years, beginning July 1, 2025, so that the term expires June 30, 2027.
Amends the revisions to the terms of office for members of the Board of Trustees of Tri-County Community College by deleting the provision related to: (1) the two additional terms to be elected by the Clay County Board of Commissioners and (2) the provision for the additional term to be elected by the Cherokee County Board of Commissioners. Adds the following. Requires for the terms elected by the Clay County Board of Commissioners that expire (1) June 30, 2027, the Cherokee County Board of Commissions must elect one trustee to the term beginning July 1, 2027, and every four years thereafter; (2) June 30, 2024, the NCGA, upon the recommendation of the Speaker of the House, must appoint a trustee to the term beginning July 1, 2024, and every four years thereafter; and (3) June 30, 2026, the Clay County Board of Commissioners must elect one trustee to a term of one year, beginning July 1, 2026, and expiring June 30, 2027. Requires that for the remaining three terms to be appointed by the NCGA upon recommendation of the Speaker of the House, the terms are to be staggered as specified, with terms beginning in 2025, 2026, and 2027.
Actions on Bills: 2024-06-11
H 228: REV. LAWS TECH., CLARIFYING, & ADMIN. CHNGS.
H 237: VARIOUS CRIMINAL AND ELECTION LAW CHANGES. (NEW)
H 556: TENANCY IN COM/E-NOTARY/SMALL CLAIMS CHANGES. (NEW)
H 864: PFAS POLLUTION AND POLLUTER LIABILITY.
H 912: 2024 UNC SELF-LIQUIDATING CAPITAL PROJECTS.
H 939: ACCESS TO TRANSCRANIAL MAGNETIC STIMULATION.
H 988: 2024 RETIREMENT TECHNICAL CORRECTIONS.
H 989: RETIREMENT SERVICE PURCHASE REWRITE PART III.
H 1020: RETIREMENT ADMIN. CHANGES ACT OF 2024.
H 1029: RIGHT TO TRY INDIVIDUALIZED TREATMENTS.
H 1042: VET CARE FOR RETIRED LAW ENFORCEMENT DOGS.
H 1044: COUNTY TIER DESIGNATION STUDY BILL.
H 1056: PA LICENSURE INTERSTATE COMPACT.
S 90: SCHOOLS FOR THE DEAF AND BLIND TRANSITION. (NEW)
S 124: PREDATORY ROOFING/INS. REBATE REFORM. (NEW)
S 156: CLARIFY DV MISDEMEANOR. (NEW)
S 559: CHARTER SCHOOLS/PENSION/ESOP. (NEW)
S 565: REVISE AUTOMATIC EXPUNCTION. (NEW)
S 802: C-PACE PROGRAM.
Actions on Bills: 2024-06-11
H 918: MOUNT GILEAD ANNEX/KANNAPOLIS DEANNEX. (NEW)
H 931: TOWN OF NEWPORT/DEANNEXATION.
H 1019: MCDOWELL/CASWELL/PENDER OCCUPANCY TAX MODS. (NEW)
H 1064: VARIOUS LOCAL PROVISIONS III (NEW).
H 1066: BOILING SPRING LAKES/DEANNEXATION.
S 769: COMM. COLL. TRUSTEE TERMS/REGION 1.
S 776: COMM. COLL. TRUSTEE TERMS/REGION 2.
S 912: ELECTIONS CHANGES FOR WATAUGA ED & COUNTY BDS.
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