agenda - unc school of government · 2018-10-20 · revised july 29, 2016 3 north carolina law:...
TRANSCRIPT
REVISED July 29, 2016
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Agenda
10:10 Public Records and Law Enforcement Body Cameras
10:25 Criminal Law
10:45 HB 2
11:15 Purchasing and Contracting
11:30 Land Use and Planning
11:45 Environment
12:10 Social Services and Public Health
12:30 Conclude
Materials
Summaries posted online:https://lrs.sog.unc.edu/lrs/legsumms/2016
REVISED July 29, 2016
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De-coding
S 123 • Senate Bill 123
H 456 • House Bill 456
S.L. 2016-
789; H 456
• House Bill 456 was enacted and became S.L. 2016-789
G.S. 99-111 (S.L.
2016-789; H
456)
• N.C. General Statute Chapter 99, Section 111
• The changes in S.L. 2016-789 included either the addition of a new statute or an amendment to an existing statute
Find Bills, Session Laws and Statutes
online at www.ncleg.net
Public Records and Law Enforcement
Frayda Bluestein
Jeff Welty
Body-Worn Cameras and Transparency
• Increase in use of cameras
• Expectation of accountability and transparency
• Policy issues and concerns:• Privacy
• Impact on active investigations
• Fairness in personnel or criminal proceedings
• Poor quality and incomplete capture
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North Carolina Law: Prior to 2016
• Recordings were criminal investigation records under public records law exception: G.S. 132-1.4• “Not public records” but law enforcement agency could
release them; also could be released by court order
• Possibly personnel records under city, county, or state personnel privacy statutes• “Confidential;” could be released by court order
• Interpretation unclear
• Release policies varied
New Law: Access to Recordings
S.L. 2016-88 (H 972) creates a new section
132-1.4A: Law enforcement recordings.
• Overview
• Two levels of access:Dislcosure: view and hear, but no copyRelease: provide a copy
• Agency can disclose
• Only court can release
• Statutes sets out factors for consideration of disclosure and release
More About Disclosure
• Applies to law enforcement recordings including dashboard and body-worn camera, but not interviews or interrogations
• Disclosure authorized only to individuals that are in the recording, and their representatives
• Agency must weigh statutory factors (privacy, fairness, confidentiality, administration of justice, potential for interference with investigation
• Appeal is to superior court, which must defer to the decision of the agency
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More About Release
• Release is only by court order. The law enforcement agency has limited internal use, but must apply for a court order, as must any other person, to have release beyond the agency
• Individuals who are depicted have an expedited process for release
• Court weighs statutory factors along with other factors deemed appropriate;
• May place conditions on release
Local Policies
• Agencies using body-worn cameras must have policies regarding their use. Statute does not dictate what the policies must address
• Possible provisions include• When to activate
• What discretion to deactivate
• Retention (minimum set by state retention schedule)
• When to allow disclosure
• When to seek court order for release
• Review by officer in an internal review or other proceeding
Questions and Issues
• No clear authority to release beyond the agency, such as to manager or governing body.
• No clear authority to release a photo or excerpt outside the agency.
• Status of recordings released to a public agency.
• Court order may be a barrier for members of the public and the press to obtain access.
• Courts may be more objective than the law enforcement agency, but results may be inconsistent and take more time and resources.
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Administrative Challenges
• Volume of recordings
• Cost of storage
• Personnel time to respond to requests, including searching and excerpting sections for disclosure and court review
• Law allows charging a fee for “actual cost” – not clear that this will allow charging for employee labor
• Law enforcement officers and agencies are entitled to participate in hearings on release
Potential Benefits
• Clarification of the law
• Accountability
• Effect on citizen and officer behavior
• Objectivity of court
• Privacy protection
Criminal Law
Jeff WeltyJamie Markham
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Beach Bingo License Requirement
• S.L. 2016-27 (H 292)
• Three kinds of bingo• Charity bingo
• Beach bingo
• Unlawful bingo
• Beach bingo operators now must obtain $300 annual license from the SBI
• “Any person operating a beach bingo game without a license is guilty of a Class 2 misdemeanor”
Felony Impaired Boating
• S.L. 2016-34 (H 958)
• Sheyenne’s Law
• Generally, impaired boating is a misdemeanor
• New law creates felony variants• Death by impaired boating (Class D felony)
• Serious injury by impaired boating (Class F felony)
• Aggravated serious injury by impaired boating (Class E felony)
• Aggravated death by impaired boating (Class D felony, sentenced in aggravated range)
• Repeat death by impaired boating (Class B2 felony).
Anti-Squatting Law
• S.L. 2016-26 (H 283)
• G.S. 14-159.12 is 1st degree trespass• Covers trespassing in a building or an enclosed/secured
area
• Class 2 misdemeanor
• New law: 1st degree trespass is a Class I felony if• Person has previously been removed from that property
under court order/writ of possession, or
• Person has created fake documents purporting to show ownership or a legal right to possession
• Mandatory minimum fine of $1000
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Moped Insurance Requirement
• S.L. 2015-125 (H 148)
• G.S. 20-313 makes it a Class 3 misdemeanor to operate a motor vehicle without insurance
• Previously, mopeds were not motor vehicles for this purpose
• Effective July 1, 2016, they are motor vehicles for this purpose
DWI Chemical Analysis Procedure
• S.L. 2016-10 (H 357)
• The State often uses chemical analysis of a driver’s breath/blood/urine to prove impairment
• The State may use the analyst’s report instead of live testimony from the analyst if:• The State notifies the defendant that it intends to do so
and • The defendant doesn’t object
• The bill tweaks these procedural rules in two ways• Adds a requirement that the State must notify the
defendant within 15 days of receiving the report• If the trial is continued, no new notice is required
Sex Offender Restrictions
• S.L. 2016-102 (H 1021)
• G.S. 14-208.18: Sex offender unlawfully on premises• Certain sex offenders may not knowingly be:
• On the premises of any place intended primarily for the use, care, or supervision of minors
• Within 300 feet of any location intended primarily for the use, care, or supervision of minors when the place is located on premises that are not intended primarily for the use care or supervision of minors
• At any place where minors gather for regularly scheduled educational, recreational, or social programs
• Class H felony
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Sex Offender Restrictions
• S.L. 2016-102 (H 1021)
• G.S. 14-208.18: Sex offender unlawfully on premises• Certain sex offenders may not knowingly be:
• On the premises of any place intended primarily for the use, care, or supervision of minors
• Within 300 feet of any location intended primarily for the use, care, or supervision of minors when the place is located on premises that are not intended primarily for the use care or supervision of minors
• At any place where minors gather for regularly scheduled educational, recreational, or social programs
• Class H felony
Sex Offender Restrictions
• S.L. 2016-102 (H 1021)
• G.S. 14-208.18: Sex offender unlawfully on premises• Certain sex offenders may not knowingly be:
• On the premises of any place intended primarily for the use, care, or supervision of minors
• Within 300 feet of any location intended primarily for the use, care, or supervision of minors when the place is located on premises that are not intended primarily for the use care or supervision of minors
• At any place where minors gather for regularly scheduled educational, recreational, or social programs
• Class H felony
Sex Offender Restrictions
• S.L. 2016-102 (H 1021)
• G.S. 14-208.18: Sex offender unlawfully on premises• Certain sex offenders may not knowingly be:
• On the premises of any place intended primarily for the use, care, or supervision of minors
• Within 300 feet of any location intended primarily for the use, care, or supervision of minors when the place is located on premises that are not intended primarily for the use care or supervision of minors
• At any place where minors gather for regularly scheduled educational, recreational, or social programs
• Class H felony
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Sex Offender Restrictions
• S.L. 2016-102 (H 1021)
• G.S. 14-208.18: Sex offender unlawfully on premises• Certain sex offenders may not knowingly be:
• On the premises of any place intended primarily for the use, care, or supervision of minors
• Within 300 feet of any location intended primarily for the use, care, or supervision of minors when the place is located on premises that are not intended primarily for the use care or supervision of minors
• At any place where minors gather for regularly scheduled educational, recreational, or social programs
• Class H felony
Sex Offender Restrictions
• S.L. 2016-102 (H 1021)
• G.S. 14-208.18: Sex offender unlawfully on premises• Certain sex offenders may not knowingly be:
• On the premises of any place intended primarily for the use, care, or supervision of minors
• Within 300 feet of any location intended primarily for the use, care, or supervision of minors when the place is located on premises that are not intended primarily for the use care or supervision of minors
• At any place where minors gather for regularly scheduled educational, recreational, or social programs
• Class H felony
Unconstitutionally overbroad under First AmendmentDoe v. Cooper (M.D.N.C., Apr. 22, 2016)
Sex Offender Restrictions
• S.L. 2016-102 (H 1021)
• G.S. 14-208.18: Sex offender unlawfully on premises• Certain sex offenders may not knowingly be:
• On the premises of any place intended primarily for the use, care, or supervision of minors
• Within 300 feet of any location intended primarily for the use, care, or supervision of minors when the place is located on premises that are not intended primarily for the use care or supervision of minors
• At any place where minors gather for regularly scheduled educational, recreational, or social programs
• Class H felonyUnconstitutionally vague
Doe v. Cooper (M.D.N.C., Dec. 7, 2015)
Unconstitutionally overbroad under First AmendmentDoe v. Cooper (M.D.N.C., Apr. 22, 2016)
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Sex Offender Restrictions
• S.L. 2016-102 (H 1021)
• G.S. 14-208.18: Sex offender unlawfully on premises• Certain sex offenders may not knowingly be:
• On the premises of any place intended primarily for the use, care, or supervision of minors
• Within 300 feet of any location intended primarily for the use, care, or supervision of minors when the place is located on premises that are not intended primarily for the use care or supervision of minors
• At any place where minors gather for regularly scheduled educational, recreational, or social programs
• Class H felonyUnconstitutionally vague
Doe v. Cooper (M.D.N.C., Dec. 7, 2015)
Unconstitutionally overbroad under First AmendmentDoe v. Cooper (M.D.N.C., Apr. 22, 2016)
Sex Offender Restrictions
• S.L. 2016-102 (H 1021)• Certain sex offenders may not knowingly be:
• On the premises of any place intended primarily for the use, care, or supervision of minors
• Within 300 feet of any location intended primarily for the use, care, or supervision of minors when the place is located on premises that are not intended primarily for the use care or supervision of minors – applicable only upon a court finding that the person presents a danger to minors under 18
• At any place where minors gather for regularly scheduled educational, recreational, or social programs frequently congregate, including, but not limited to, libraries, arcades, amusement parks, recreation parks, and swimming pools, when minors are present
• On fairgrounds (State Fairgrounds, Western N.C. Agricultural Center, or other fairgrounds) when fair is conducted
Sex Offender Restrictions
• S.L. 2016-102 (H 1021)
• G.S. 14-208.18: Sex offender unlawfully on premises• Effective September 1, 2016, and applicable to offenses
committed on or after that date
• “The changes . . . are effective unless either or both of the decisions of the United States District Court for the Middle District of North Carolina ruling G.S. 14-208.18(a)(2) and G.S. 14-408.18(a)(3) unconstitutional, as they existed prior to the enactment of this act, are stayed or overturned by a higher court on appeal”
• Appealed to Fourth Circuit, but not stayed
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Sex Offender Restrictions
• S.L. 2016-102 (H 1021)
• G.S. 14-208.18: Sex offender unlawfully on premises• Enforcement by sheriff’s office and police
• Related local ordinances
“No registered sex offender shall enter into or upon any public park . . . .”
Questions?
Evaluation: https://unc.az1.qualtrics.com/SE/?SID=SV_9twnxWOodSa5JfD
HB 2
Bob Joyce
Norma Houston
REVISED July 29, 2016
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Public Facilities Privacy and Security Act
SL 2016-3 (H 2)
“House Bill 2” or “HB 2”
The reach of HB 2
The reach of HB 2
Employment affects
Public contracting affects
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First employment thing HB 2 did
First employment thing HB 2 did
It made changes in the state’s Equal Employment Practices Act
Sources of unlawful discrimination law
Title VII of the Civil Rights Act of 1964
The Age Discrimination in Employment Act of 1967
The Americans With Disabilities Act of 1990
The North Carolina Equal Employment Practices Act
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First employment thing HB 2 did
It made changes in the state’s Equal Employment Practices Act
• No state law lawsuits for discriminatory termination
First employment thing HB 2 did
It made changes in the state’s Equal Employment Practices Act
• No state law lawsuits for discriminatory termination
• One-year statute of limitations on lawsuits for discriminatory termination
SL 2016-99 (H 169)
First employment thing HB 2 did
It made changes in the state’s Equal Employment Practices Act
• No state law lawsuits for discriminatory termination
• One-year statute of limitations on lawsuits for discriminatory termination
• No local prohibition on employment discrimination of any kind
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First employment thing HB 2 did
It made changes in the state’s Equal Employment Practices Act
• No state law lawsuits for discriminatory termination
• One-year statute of limitations on lawsuits for discriminatory termination
• No local prohibition on employment discrimination of any kind—but does not apply to local government’s rules with respect to its own employees
First employment thing HB 2 did
It made changes in the state’s Equal Employment Practices Act
• No state law lawsuits for discriminatory termination
• One-year statute of limitations on lawsuits for discriminatory termination
• No local prohibition on employment discrimination of any kind
• “Sex” means “biological sex.” State law does not embrace the federal developments we will look at in a moment.
Second employment thing HB 2 did
It imposed bathroom rules on units of government
• Multiperson bathrooms must be designated Male or Female
• Use must be limited by biological sex
These rules apply to employees of units of government (as well as to visitors and others).
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Federal employment discrimination law
Title VII of the Civil Rights Act of 1964 makes it an unlawful employment practice to discriminate “because of sex.”
Federal employment discrimination law
1989
Discrimination because of sex includes discrimination based on sex stereotypes
1998
Discrimination because of sex includes same-sex sexual harassment
2014
EEOC says discrimination because of sex includes discrimination based on gender identity
How HB 2 and federal law fit
together
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How HB 2 and federal law fit together
First thing HB 2 did:
It made changes in the state’s Equal Employment Practices Act
• No state law lawsuits for discriminatory termination
• One-year statute of limitations on lawsuits for discriminatory termination
• No local prohibition on employment discrimination of any kind
• “Sex” means “biological sex.” State law does not embrace the federal developments
How HB 2 and federal law fit together
First thing HB 2 did:
It made changes in the state’s Equal Employment Practices Act
• No state law lawsuits for discriminatory termination
• No local prohibition on employment discrimination of any kind
• “Sex” means “biological sex.” State law does not embrace the federal developments
No problem under federal law
How HB 2 and federal law fit together
Second thing HB 2 did
It imposed bathroom rules on units of government• Multiperson bathrooms must be designated Male or
Female
• Use must be limited by biological sex
REVISED July 29, 2016
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How HB 2 and federal law fit together
Second thing HB 2 did
It imposed bathroom rules on units of government• Multiperson bathrooms must be designated Male or
Female
• Use must be limited by biological sex
Could be a problem under federal law
HB 2’s two basic bathroom requirements
Public agencies must
• “require every multiple occupancy bathroom or changing facility to be designated for . . . persons based on their biological sex.”
• “require every multiple occupancy bathroom or changing facility to be . . . only used by persons based on their biological sex.”
HB 2’s two basic bathroom requirements
“designated for”• that’s easy
“only used by”• stand ready to respond reasonably to reports of
misuse
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HB 2 Contracting Restrictions
A city/county may not require a private contractor to:
• abide by regulations or controls on the contractor’semployment practices or
• mandate or prohibit the provision of goods, services, oraccommodations to any member of the public
• as a condition of bidding on a contract or a qualification-based selection
• except as otherwise required or allowed by State law
G.S. 160A-20.1(a); 153A-449(a)
Contracting Restriction Questions
? What does “employment practices” mean?
? What about subcontractors?
? Are voluntarily agreed to anti-discrimination and employment-related conditions contract provisions prohibited?
? What about federal grant requirements such as Davis-Bacon?
? What about state law requirements like OSHA, E-Verify, and Worker’s Comp?
? What about HUB requirements?
? What about contracts not subject to bidding or Mini-Brooks Act?
Questions?
Evaluation: https://unc.az1.qualtrics.com/SE/?SID=SV_9twnxWOodSa5JfD
REVISED July 29, 2016
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Purchasing andContracting
Norma Houston
What Did NOT Happen
What DID Happen
Retired Law Enforcement Service Animals
Automatic Contract Renewal Notice
School Change Orders
School Food In-State Preference
Jail Food Redux
REVISED July 29, 2016
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Retired Service Animals
Raleigh Apodaca Service Dog Retirement Act
• Law enforcement, public safety, emergency services animal
• Transferred for price and conditions determined by local board
• Owner agrees to ownership, care, custody
S.L. 2016-101; H 550 Effective Oct 1, 2016
Eligible Owners:
1. Animal’s handler
2. Surviving spouse or children of animal’s handler
3. Organization supporting retired service animals
Photo Source: WRAL.com
Automatic Renewal Notice
Vendor with automatic renewal clause in contract must:• Give written notice prior to renewal
• In writing and delivered personally, electronically, or USPS first-class
• At least 15 but no more than 45 days prior to renewal
• Advise of changes in terms and conditions in 12-pt bold font
• Violation renders automatic renewal clause void
S.L. 2016-___; S770 Effective when becomes law
Exceptions:
Financial Institutions
Telecommunications
Public Utilities
Local Gov’t franchisees
Jail Food Redux
Food and food services supplies for county jails not subject to competitive bidding ONLY in these counties:
Alamance Cleveland Granville Lincoln Rockingham
Anson Craven Gaston Madison Sampson
Beaufort Cumberland Guilford Onslow Stanly
Caswell Currituck Haywood Orange Transylvania
Catawba Dare Henderson Pamlico Yancey
Cherokee Davidson Iredell Pasquotank Wake
Chowan Duplin Jones Randolph Washington
S.L. 2016-20 (H 952); 2016-37 (S 831) Effective now
Counties in black authorized in 2015; counties in red authorized in 2016
REVISED July 29, 2016
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School Change Orders
Local School Board MUST Adopt Policy:1. Process to submit change
order
2. Individual(s) authorized to approve
3. Process for board approval (if required)
4. Process to notify board of all change orders and actions
Applies to:
1. Bldg. construction over $300,000
2. CM@R
3. Besign-build
4. Design-build bridging
5. P3
S.L. 2016-58; S330 Effective Oct 1, 2016
School Food In-State PreferenceS.L. 2016-___; S770 Effective when becomes law
Local School Board MAY Adopt Policy:1. Facilitating purchase of food grown in NC
2. Authorizing in-state percentage price preference in competitive bidding
Percentage Price Preference:NC grower who is second low bidder may be awarded
contract over out-of-state low bidder if NC grower’s bid price is within a certain percentage of out-of-state low
bidder
Questions?
Evaluation: https://unc.az1.qualtrics.com/SE/?SID=SV_9twnxWOodSa5JfD
REVISED July 29, 2016
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Land Use and Planning
David Owens
Vested Rights
S.L. 2016-111 (H. 483)
• Originally broader bill on variety of topics affecting development regulation
• Only includes new vested right for multi-phase projects
Vested Right
Multi-phase projects:• 100 or more acres
• Multiple phases included
• Subject to development master plan for all phases
• Includes offering land for public use as condition of master plan approval
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Vested Right
• All phases vested for seven years
• Vesting starts with approval of site plan for initial phase
Official Maps
• Enacted in 1987
• Allows cities and NCDOT to file maps designating future road corridors
• No building permits or new subdivisions within mapped area for three years
• Variances allowed if no reasonable use, undue hardship
Official Maps
• Court recently held filing map is exercise of eminent domain rather than police power
• Compensation required
REVISED July 29, 2016
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Official Maps
S.L. 2016-90 (H 959)
• Rescinds all adopted maps and places one year moratorium on new maps
• Directs DOT to study how to balance ROW protection, rights of property owners
Periodic Inspections
S.L. 2016-___ (S. 326)
• If safety hazard found in one multifamily unit, can inspect other units for same hazard
• Define target areas –• 1 sq. mile or 5% of area• Properties blighted
• Additional limits on residential rental registration programs
Building Permit Exemptions
S.L. 2016-___ (S. 770)
• Replacement of windows, doors, siding, porches
• Replacement of plumbing of same size and capacity
• Replacement of hot water heaters of same energy use if no change in fuel source, venting, piping
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Sedimentation Exemption
S.L. 2016-___ (S. 770)
• Clarify broad agricultural exemption
• Mulch operations included
Not Enacted: Regulatory Reform
Local Development Regulations – S. 303
• Zoning amendment automatically amends plan
• Expand exempted subdivisions (5 acres, 3 lots)
• Three and six year limits to cite zoning violation
• Expand notice to military bases
• Revise tall building review
• Revise state wind energy permitting
Not Enacted: 160D Proposal
Rewrite of Planning and Development Regulation Statutes – H 548
• No action in 2016
• To be introduced in 2017
• Focus on consolidation, reorganization, clarification of language, consensus modest reforms
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Environment
Jeff Hughes
Place Matters!
• Budget: water quality regulations
• Budget: infrastructure funding
• Coal ash
• Misc.
Water Quality Regulations (Primarily in Jordan and Falls Lake Watersheds)
• Review of costs and benefits of existing nutrient management strategies
• Termination of floating aerator demonstration project
• Postponement of key water quality rules
• Key studiesS.L. 2016-94 (H 1030)/Budget
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Nutrient Management Strategy Study
• Five year nutrient study (2016-2021)
• Study data collected by DEQ
• Review experiences in other states
• Overseen by University of North Carolina at Chapel Hill ($500,000 per year)
• Research findings and recommendations related to Jordan Lake due December 31, 2018
• Research findings and recommendations related to Falls Lake due December 31, 2021
S.L. 2016-94 (H 1030)/Budget
In Situ Nutrient Treatment Approaches Study
• Department of Environmental Quality
• In situ nutrient management technologies including algaecide and phosphorous locking technologies
• $1.3 Million for trials
• Final report March 1, 2018
S.L. 2016-94 (H 1030)/Budget
Nutrient Impact Fees and Mitigation Programs
• Department of Environmental Quality
• Jordan and Falls Lake
• Impact, costs and benefits of setting nutrient offset fees on a sub-basin or area specific basis
• Report due December 1, 2016
S.L. 2016-94 (H 1030)/Budget
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Looking North for Inspiration
Subject to “review and re-adoption”, Chesapeake Bay Commission TMDL (Total Maximum Daily Load) reduction practices become acceptable in:
• Jordan Lake (October 15, 2019)
• Falls Lake (October 15, 2022)
S.L. 2016-94 (H 1030)/Budget
Built upon Land in Jordan Lake Watershed
Impervious surface added to a city or county jurisdiction between July 26, 2013 to December 31, 2020 shall not be counted as built upon land for nutrient loading calculation purposes
S.L. 2016-94 (H 1030)/Budget
Other Studies and Working Groups
• Shellfish aquaculture industry December 31, 2018 (UNC at Chapel Hill)
• Beach Nourishment (multiple agencies)
S.L. 2016-94 (H 1030)/Budget
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Funding for Environmental Infrastructure and Services
• Wastewater infrastructure improvements ($400,000)
• On-site school sewer compliance ($1,000,000)
• Fontana Dam wastewater system upgrades ($700,000)
• Regional water and sewer authority waterline interconnections and extensions ($14,548,981)
S.L. 2016-94 (H 1030)/Budget
Funding for Environmental Infrastructure and Services
• Wastewater infrastructure improvements ($400,000)
• On-site school sewer compliance ($1,000,000)
• Fontana Dam wastewater system upgrades ($700,000)
• Regional water and sewer authority waterline interconnections and extensions ($14,548,981)
• Public Schools water and sewer projects ($4,489,692) Unobligated CDBG funds
• Water Resources Development ($6,270,000) (Capital Project) S.L. 2016-94 (H 1030)/Budget
Coal Ash and Local Governments
• Department of Environmental Quality remains primary regulatory entity
• Local ordinances regulating management of coal ash are invalid
• Coal ash impoundment owners responsible for provision of permanent water supply to households with contaminated wells (October 15, 2018)
• Preference for a public water supply unless it is “cost prohibitive” or household prefers a on-site filter system ($450,000 to SWIA to help support planning and permitting costs)
• Leaves open the possibility that “high risk” impoundments will send their waste to municipal landfills by December 31, 2019 S.L. 2016-95 (H 630)
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Service Provision Models
• S.L. 2016-47 (H 392) Public Works Commission• Rate setting
• Transfers to City General Fund
• Prohibits requiring annexation to be eligible for service
• Applies only to Fayetteville PWC
• S.L. 2016-8 (H 1023) Municipal Service Districts
North Carolina Policy Collaboratory
• $1 Million in recurring funds
• Dissemination of environmental policy and research for “practical use by State and Local Government”
• Relevant best practices
• Participate in projects across the state related to natural resource management
• Recommendations to General Assembly
S.L. 2016-94 (H 1030)/Budget
Questions?
Evaluation: https://unc.az1.qualtrics.com/SE/?SID=SV_9twnxWOodSa5JfD
REVISED July 29, 2016
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Social Services and Public Health
Sara DePasquale
Aimee Wall
Child Welfare
• 2016 Appropriations Act
It’s Not Just About the Money!
• Changes to G.S. Chapter 7B (Abuse, Neglect, Dependency)
S.L. 2016-94 (H 1030)/Budget
Caretakers
• Amends Definition at G.S. 7B-101(3)• Adds
• a potential adoptive parent
• during a visit or a trial placement
• with a juvenile in department custody
• Removes Right to Intervene • G.S. 7B-401.1(h)
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Disclosure of Records
• Adds to G.S. 7B-302(a1)(1)• Department shall disclose confidential information to
protect a juvenile to • “any private child placing or adoption agency licensed by DHHS”
Medical Consent
• Clarifies Language, G.S. 7B-505.1(c)• Director obtains from the child’s parent, guardian, or
custodian
• Consent
• Authorization to consent to care
X
Reasonable Efforts
• Adds language to G.S. 7B-901(c)• Court discretion!
• If written findings of fact made regarding parent action, court may conclude • “compelling evidence warranting continued reunification efforts”
REVISED July 29, 2016
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Concurrent Permanency Planning
• Adds G.S. 7B-906.2(a1)• Current planning continues until a permanent plan has
been achieved
New Criminal Statute!
Unlawful Transfer of [Physical] Custody of a Minor Child
(H424)
•Neglected Juvenile, G.S. 7B-101(15)
G.S. 14-321.2
• Misdemeanor or felony if…• Parent* effects/attempts to effect unlawful transfer
• Person accepts/attempts to accept custody by unlawful transfer unless• Promptly notifies and makes child available to county department
of law enforcement where child resides or is found
• Person advertises, recruits, solicits (aids, conspires another to) unlawful transfer
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9 Exceptions
• Adoption related• Direct placement, consent, relinquishment, ICPC,
intercountry Convention, substantial compliance w/ laws (NC or another state)
• Temporary Transfer• Includes voluntary foster care
• Relative Transfer
Other Social Services Highlights
• Guardianship• Uniform Adult Guardianship and Protective Proceedings
Jurisdiction Act (UAGPPJA). Will make it easier for DSS to manage guardianships where multiple states are involved. S.L. 2016-72 (H 817)
• State-County Special Assistance (SA)• Creates new supplemental payment for residential facilities
serving individuals who receive SA. Facilities to receive $34/mo per SA resident; counties must pay half. S.L. 2016-94; Sec. 12C.7 (H 1030)
Other Social Services Highlights
• Medicaid Timeliness • Creates new statutory scheme outlining how quickly DSS must
act on a Medicaid application. S.L. 2016-94; Sec. 12H.17 (H 1030)• If county fails to comply with processing standards, corrective action
plan will be required.• If county fails to complete the corrective action plan, DHHS must give
the county notice that it plans to temporarily assume responsibility for Medicaid eligibility administration
• County may appeal DHHS’s decision to the Office of Administrative Hearings
• Medicaid Eligibility• Application submitted to the federal government on June 1 to
create the new managed care model for Medicaid. Based on legislation enacted last session (S.L. 2015-245).
• New legislation authorizes DHHS to ask the federal government to for permission to allow parents of children in the foster care program to remain eligible for Medicaid. S.L. 2016-__ (S 838).
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Public Health Highlights
Zika/other vector-borne disease surveillance
• Vector surveillance program created in NC Division of Public Health with a recurring appropriation of $477,500, of which $177,500 is designated for aid to counties. S.L. 2016-94(H 1030), sec. 12E.4
Needle/syringe exchange programs authorized
• No public funds may be spent on needles, syringes, or other injection supplies, but governmental entities may accept donations of those items. Public funds may be used for program operational expenses. S.L. 2016-88 (H 972), sec. 4
State Health Director standing order for naloxone
• Standing order was issued on June 20 (effective date of law). Any NC licensed pharmacist may dispense naloxone pursuant to it. S.L. 2016-17 (S 734)
Funds for local health departments - Medicaid cost settlement reductions
• Budget appropriates $14.8 million in non-recurring funds to offset lost revenue from Medicaid. S.L. 2016-94 (H 1030), sec. 12E.6
Questions?
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Legislative Reporting Service
Find all enacted session laws in one place on the
LRS website
REVISED July 29, 2016
37
Legislative Reporting Service
• Subscription information• https://lrs.sog.unc.edu/
• Questions?• Christine Wunsche, LRS
Director
• 919.733.2484 (Raleigh)
• 919.962-9180 (Chapel Hill)
• Follow LRS on Twitter for NCGA updates
@sog_lrs
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