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House | April 15, 2015 | Chamber | State Personnel

Full MP3 Audio File

lets start where this is our first to meeting of the year and we've got bills being added and pulled constantly over the last 24 hours apologize to staff of what we've put them through over the last 24 hours and hope that will never happen again. If you have read through and studied diligently all the bills on this agenda I'll apologize to you committee members as well because about half of these are going to be heard today, and the other half will be heard or we get through at the next committee meeting which I worn we had a time we are going to schedule just as soon as possible, hopefully, next Tuesday in fact the fun I haven't thought the fun as the panel committee now is meeting, sometimes we meet a day, sometimes we meet on Tuesday, sometimes on Wednesday, if we are not meeting on Tuesday like we probably hold this meeting maybe that time, it's not where we are holding, it's soon and after that it's possible so I'll just give you advance warning on that. Want to find the people who are helping us out today, we have two pages here today today and if I miss pronounce your name I apologize we have Rachel Chesem from Guilford County is it Chesem or Kesem[sp?]. Chesem got it right from. Our sponsors representative Faircloth, Weldon, the third here from Pit County. Nice simple name I can't pronounce Representative Brown is his sponsor. Also the House Sergeant- At- Arms, we thank you for watching out for us, we have Warren Hopkins, Dourg Harris and Cole Brayson here today, and thank you committee members for showing up today. We're going to start out by grouping three bills together and I did check with the House Rules Committee to make sure you can also do that in committee as well as on the House floor and I found out that it is. Since I've not done that before as chair. If you look at house bill 122, house bill 154 and house bill 370 these are all bills that deal with adding small municipalities counties whatever to the state health plan their're all three PCs so first of all I'd like to have a motion to have these PCS on the floor and I have a motion from Carl Ford save from [xx]. Let me confirm with staff for just a second. Alright just to be safe do we have a motion to group this three bills with him together Representative Floyd, Representative Dobson [xx] all in favor please say I any opposed, thank you. Representative Pressnail[sp?] you can come, if Representative Graig Meyer you're here you can come as well, I think the second, third presentations probably pretty short, Representative Pressnail[sp?] would you like to explain the bill?  Yes sir thank you very much we're just adding to the state health plan my counties are Caldwell, Hey wood, Madison and Montgomery and Yancey counties thank you. Representative [xx] I will add pope Pennsylvania, Town of Mulmur and City of Soledad in one to mention. based on what we've seen with past performance of the 18 local governments that are already allowed to participate and have eligibility in the State Health Plan. The numbers show, by the two actuaries that you all have information on, actually helped lower the State's liability to that, 6% by one group, and 4.3% by another on the premiums. So, I think that's good to know. Representative Dollar. Thank you, Mr. Chairman. My initial Bill was to add South Fork to the State Health Plan, and we have now increased, I don't know if I'm repeating some of the towns that have already been said. The towns of Nashville, Waynesboro and Piedmont Triad Regional Water Authority, and need to amend the Bill today, I have not prepared the amendment, need to add Casserole[sp?] Beach, Spindale and Rutherfordton to that. Can I do it by amendment? I don't know if we can repair an amendment that quickly enough. Well I just conferred with [xx] committee staff, I just conferred with the fiscal staff and we have been waiting for information for each one of the entities that are added to the bills to make sure we add those into the cost I believe we have some of them. David? Yeah, David [xx] fiscal research, so you said the town of if I spend there [xx] those are both in house bill 122 already, Casual B? Casual B, we do not

have a cost impact for I think this time Thenamo Rubert[sp?] we are not taking a moment because we have a few notes we have actual notes and all the rest of the this file is listed in on your lists. Thank you Mr. Chairman We'll we have one more meeting for Representative Barrack[sp?] Thank you, Mr. Chairman, we will I hope you'll amend that on the floor if necessary. By the way, not only for your benefit, but also for committee members, these three bills should we pass them as a block we'll have a serial referral to appropriation as well. Appropriation Committee we'll have to read appropriate the money that is in the acturials and not for this. Any questions, let me let one of our staff members Teris Metul Amocoha[sp?] to make a clarification on house 122. You're suggestive make sure everybody is on the same page. So in 2014, we added the list with towns and Matthews and then we added Macombery[sp?]. To go through each one of the bills to make sure that everybody understands what's been added because as it is a little confusing. We have stripes here in Underline as you're used to in order to put the towns and counties and cities in alphabetical order. You'll see strikethrough that do that in order put them in alphabetical order. So just to clarify for House Bill 122 the counties that are being added are Codwell, Heywood, Madison and Yensy. The towns that are being added in House Bill 122 are Burnsville, Canton, Claude Greener falls, Hartsen, Maggie Barley, Rutherfordton sawmill, Spindle feldies weinsfall, the cities are leveled in Maginton and then for House Bill 154 the towns are Marshville and Waitrose South Port and also we have added Pivoine Trend Regional Water Authority and then for House Bill 370 that adds Hawk and Transylvania county the town of Moremere and the city of Saluda. So that are the various entities local government units that are in each Bill. Questions or comments from the Committee? Yes Sir, Representative Bill but to be sure Representative Harley Thank you for your time I'd like to make a merge. All right. Stand by here in the audience has an overwhelming desire to speak on these combination of bills. Representative Brian? Yes sir, I just have a question with the expansion or add on, do we know, I guess I'm thinking of fiscal note or whether to know what the additional costs is going to be if there is going to be any, so shady with Adams. We do have fiscal notes with everyone of these bills should be included in your package. And again these fiscal notes are approximations, oh yes, I think representative Pit might want to come in on that. I will be concise, the actual it's certainly look at worse case, but the key point, I think here is, I remember this from last year, a year before, when you look at the actual effect and 18 local governments currently participating, it actually, the claim cost lower those particular entities were 6% lower of that cost, or one of the actual notes for the time, and the other one are the actual performance, and the other one was 4.3 4.3% lower, so I guess fiscal research has to be worst case, or significantly look like that, but the actuality looking back on time and it's actually a good news for us. Representative Elmore? Question I guess for the chairman, Have we not dealt with another piece of legislation some procedures for adding the counties and towns and clarifying that if we have, I'm not aware, let me ask my staff if there were that, have we. I'm sorry, I didn't catch exactly what the question was. The question is in another piece of legislation if we've not clarified some procedures for allowing this municipalities and counties into state health plan.

Look Mr. Ben we weren't sure Yes, Representative Ben having physical research division. We have had bills in the past that, some of the bills from 2000s were unclear about how the Local Government would participate both the two bills that passed last year and all of these bills are much clear about the nature of the participation if that's what you are referring to. I had in my mind a departmental bill did we know from that. I think we will get and answer your questions no, we don't have a state wide guideline that we have propagated in order to govern us. Representative Ford Just a comment I really don't have a burning problem with this. I just want towns and counties one is to realize that when I come up here and say won't you get your nose out of our business, I just want to know that they are becoming more and more part of this state government and there may be consequences in future I don't know, I'm just thinking all out I understand your concern anyone else in the committee? And not seeing any other question do we have a motion? I think representative Collins is going to present  Mr. Representative Flory by the way these all PCSs ought to be referred to appropriations. [xx] there way give a favorable report to house propose committee substitute 122, 152, 137 days unfavorable to the bill and transferred to [xx] Thank you very much but that rather a difficult motion, you've heard the motion all in favor please say 'aye' oppose 'no' the eyes have it, thank you very much, bill present next bill that we that have on the agenda is house bill 54, Representative Floyd, Thank you Rep. Thank you Mr. Chairman and all the committee, house bill 54 is the joint legislative administrative procedure, over sight committee approved unanimous this recommendation to come before you today at the request of the administrative law judge which has statutory authority to appoint other judges within the Office of Administrative Hearing there. The Office of Administrative Hearing over the years has changed it's roles and responsibility by receiving additional responsibility from the State in 2004 and 2013, since that time new procedures and rules has come forward as a chair and what the qualifier would do, will review a rule making process, I also [xx] that is the person or selected in that assembly transferred in their [xx] will receive about 90% of what the ministry logged as salary. He is another personnel matter and according with the state personnel last year. There's also two person if needs be from the Oxford Ministry and that can come in as addition comment to this request. Representative Florin[sp?], questions, comments from the committee members? Representative Brian. When it's appropriate sir. Okay, I'll wait just another few second so I see some people trying to kind of reading the bill. Any questions or comments by anybody on the committee. If not Representative Brian. By the way I need to tell you can, if you make a recommendations for favorable report on this it will be referred to appropriations from here. Is that your motion? to give five reports this bill refer to appropriation.  Thank you very much.  Thank you representative Brian. You've heard the motion all in favor please let me know by saying aye "aye" all opposed Thank you very much representative Floid.  Thank you Mr. Chair, members of committee. representative Penelton are you ready for house bill 190?

And this is PCS I need the motion to have the PCS before us representative Bale representative early seconds all in favor please say aye "aye" and you are recognized Preny Pannel. Thank you Mr. Chair [xx] [xx] [xx] the second part is it takes two other general statute 135, 48 and 135, 48 and combines them and requiring a qualifying event for active employees for this role, so they have to wait on January unless they have one of those qualified events [xx] The program has most of you probably know that allows you to become this able, basically on permanent basis, you become this able today we will pay you a percentage of your income while you decide, this just means that those people stay on the state plan and the state  repayment plan and that's very scary financially it doesn't affect the state very much except in those premiums that they will no longer have Representative Ford? OK questions or comments from the committee? Yes sir, representative Dalson? Thank you Mr. Chairman, and I'm pretty much in support of the bill so I'll be brief you don't see any danger of individuals going on and off of the healthcare, off the health plan on recurrent basis I guess, suggest I don't want to have inconsistencies within the system, I think is a huge concern Just a thought no I don't see any problem with that, because it only this really applies to retirees, so retirees would want to get off the plan and be on the [xx] since [xx] the federal world we adopted keeps people from doing that any other questions or commence from the committee anybody in the audience that has a burning desire to share some light on this bill? I know if we do have favorable state personnel we need the assistance. Representative Bale [xx] Can't handle the clerical please [xx] KKM when you talk about having two insurances. Any other question to come.

Representative Floyd. I believe you had the handout for the motion and of course this is a P. C. S and doesn't have a serial referral to appropriations Okay, Okay. You've heard the motion then, that we give a favorable report to the prose[sp?] Committee substitute for House 190 and favorable to the original re-referred to Appropriations, all please favor please say I. I All opposed, no. The Bill passes and let me just recommend Mr Bill [xx] I think my staff member maybe telling you what I was going to tell you how I make sure. Representative Carlson I thank you just told that you might appeal to the rules chair because we see no need although this thing originally got Rerefered we see no reason for it to go for appropriations because it really does'nt cost the stating their won't be an appropriation associated with it but I can't make that decision for you, the Rules Chair can. I believe we do are going to be able to hear house bill 401 representative Blackwell Thank you, Mr. Chairman. I appreciate your indulgence. I'll give you the brief explanation and then if you want me to go through the sections of the bill for you can do that, but essentially the background on this is that back in the last few years in an effort to try to allow the General Assembly to have access to better data for us to use in evaluating the success of various programs in state government and this was sorted out, I would say, being mostly in the education area, but it wasn't limited to just education. We set up something that was a longitudinal data system, the idea being to keep data over time that could then be mined or used to evaluate program success. In the process of operating that program, we've run into a couple of issues that this bill is designed to address. One of those is to make it clear to other branches of of the state government such as the employment security commission, the division of motor vehicles, the department of commerce that they are to participate in sharing data. Another part of this is that we make it clear in the process that they too will be protected by the rules to protect privacy that are a primary responsibility of the longitudinal data system board that was set up to sort of oversee this to be sure that the data was not at that information that will allow the individual identification of this [xx] or a parent or some other individual, that will be avoided, and finally part of this system has been operating under a federal grant from department of education which was initially actually made to, what in this is referred to as the North Carolina P20 State wide longitudinal data system, or for short P20W. The W really stands for work and the idea of that grant was that department of education said we'll give you this grant for setting up the system that will give us data to allow us to connect the success of our educational efforts with people going successfully into the workforce. That grant under which they're operating is going to run out, I think next year. So there is also a technical provision in here that would provide for the transfering of any resposibilities and operations of that separate P20 group over to the state wide longitudinal data system, their is an amendment with some technical wording grammatical changes that I think representative Pendleton may offer at this time is genuine with your permission,  OK  representative Pendleton would you explain you amendment please, you could just do it from your chair would be fine, thank you well I hope no one would go

to sleep when I read this but if you would go to line four we are substituting the word who and inserting that and on line five it's a it says include but not limited to and we are substituting the word include line eight leaving the word who and imputing that 911 include but not limited to and substituting the word include representative Pendleton I'm incorrect in saying all of those changes will be considered technical changes, Yes sir very technical. Thank you Do I have a motion that we accept the amendment? Representative Dobson seconded by I believe I saw Representative Ford. All in favor please say Aye. Aye. Oppose, No. The amendment passes. Questions or comments on the Bill as a whole. Representative Ford? Motion when you're ready. Alright, I think we're ready and this one is not a PCS I don't believe, and we have any serial referrals for this? Move for a favorable report, Excuse, I'm sorry. House Bill 401 is amended. It is now a PCS with the amendment rolled in as a PCS. Yes Sir, PCS and favorable to the regiment[sp?] No, it would be to the bill as amended and roll it into a PCS. That's what I said originally.   Got you! You got it perfectly. I'll try to repeat the motion if I can. We have a motion for a favorable report on House Bill 401 as amended rolled into a PCS yes, all in favor of that motion say 'Aye'all oppose 'no' thank you very much, thank you Representative Blackburn. And committee members, believe it or not, that's where we are going to stop today. If you might want to look at your pack, I think maybe some of these other bills we did distribute to you, you might want look at them in preparation for our next meeting, House 495 and either FB6 or HB56, probably our revised version of S6 will come up in our next meeting, and I will let you know when the next meeting is just as soon as I can schedule it. Any of the businesses to come forward from the committee members today? Thank for attending, this meeting is adjourned.