A BILL TO BE ENTITLED
AN ACT to set the insurance and public utility regulatory fees, to impose a fee for flood hazard determination forms completed by lenders, to impose a state judicial facilities fee, to authorize the issuance of forty million dollars of special indebtedness for state judicial facilities, to adjust various fees, and to expand the licensure requirement for home care services.
The General Assembly of North Carolina enacts:
Set Insurance Regulatory Fee
SECTION 1.1.  The percentage rate to be used in calculating the insurance regulatory charge under G.S. 58‑6‑25 is five and one‑half percent (5.5%) for the 2008 calendar year.
SECTION 1.2.  This section is effective when it becomes law.

Set Regulatory Fee For Utilities Commission
SECTION 2.1.  The percentage rate to be used in calculating the public utility regulatory fee under G.S. 62‑302(b)(2) is twelve one‑hundredths of one percent (0.12%) for each public utility's North Carolina jurisdictional revenues earned during each quarter that begins on or after July 1, 2008.
SECTION 2.2.  The electric membership corporation regulatory fee imposed under G.S. 62‑302(b1) for the 2008‑2009 fiscal year is two hundred thousand dollars ($200,000).
SECTION 2.3.  This section becomes effective July 1, 2008.

Adjust Securities Filing Fees
SECTION 3.1.  G.S. 78A‑31(a)(4) reads as rewritten:
"§ 78A‑31.  Notice filings for securities covered under federal law.
(a)	The Administrator, by rule or order, may require the filing of any of the following documents with regard to a security covered under section 18(b)(2) of the Securities Act of 1933 (15 U.S.C. § 77r(b)(2)):
…
(4)	A notice filing pursuant to this section shall expire on December 31 of each year or some other date not more than one year from its effective date as the Administrator may by rule or order provide. A notice filing of the offer of securities covered under federal law that are to be offered for a period in excess of one year shall be renewed annually by payment of a renewal fee of  two thousand dollars ($2,000) and by filing any documents and reports that the Administrator may by rule or order require consistent with this section. The renewal shall be effective upon the expiration of the prior notice period.
…."
SECTION 3.2.  This section becomes effective July 1, 2008.

NEWBORN SCREENING FEE CHANGES
SECTION 4.1.  G.S. 130A‑125(c) reads as rewritten:
"(c)	A fee of nineteen dollars ($19.00) applies to a laboratory test performed by the State  Laboratory of Public Health pursuant to this section. The fee for a laboratory test is a departmental receipt of the Department and must be used to offset the cost of the Newborn Screening Program." 
SECTION 4.2.  This section becomes effective July 1, 2008.

Health Care Facility Construction Project Fee Increases
SECTION 5.1.  G.S. 131E‑267 reads as rewritten:
"§ 131E‑267.  Fees for departmental review of licensed health care facility or Medical Care Commission bond‑financed construction projects.
(a)	The Department of Health and Human Services shall charge a fee for the review of each health care facility construction project to ensure that project plans and construction are in compliance with State law. The fee shall be charged on a one‑time, per‑project basis as provided in this section. In no event may a fee imposed under this section exceed two hundred thousand dollars ($200,000) for any single project. The first seven hundred twelve thousand six hundred twenty‑six dollars ($712,626) in fees collected under this section shall remain in the Division of Health Service Regulation. Additional fees collected shall be credited to the General Fund as nontax revenue and are intended to offset rather than replace appropriations made for this purpose.
(b)	The fee imposed for the review of a hospital construction project varies depending upon the square footage of the project:
	Over	Up To	Project Fee
												
	0	5,000	$1,500 plus $0.25 per square foot
	5,000	10,000	$3,000 plus $0.25 per square foot
	10,000	20,000	$4,500 plus $0.45 per square foot
	20,000	NA	$6,000 plus $0.45 per square foot
(c)	The fee imposed for the review of a nursing home construction project varies depending upon the square footage of the project:
	Over	Up To	Project Fee
	0	2,000	$250.00 plus $0.15 per square foot			
	2,000	NA	$500.00 plus $0.25 per square foot
(d)	The fee imposed for the review of an ambulatory surgical facility construction project varies depending upon the square footage of the project:
	Over	Up To	Project Fee
	0	2,000	$200.00 plus $0.15 per square foot
			
	2,000	NA	$400.00 plus $0.25 per square foot
(e)	The fee imposed for the review of a psychiatric hospital construction project varies depending upon the square footage of the project:
	Over	Up To	Project Fee
												
	0	5,000	$750.00 plus $0.25 per square foot
	5,000	10,000	$1,500.00 plus $0.25 per square foot
	10,000	20,000	$2,250.00 plus $0.45 per square foot
	20,000	NA	$3,000.00 plus $0.45 per square foot
(f)	The fee imposed for the review of an adult care home construction project varies depending upon the square footage of the project:
	Over	Up To	Project Fee
	0	2,000	$175.00 plus $0.10 per square foot
			
	2,000	NA	$350.00 plus $0.20 per square foot
(g)	The fee imposed for the review of the following residential construction projects is:
Residential Project	Project Fee
Family Care Homes	$225.00 flat fee
ICFR Group Homes	$350.00 flat fee
Group Homes: 1‑3 beds	$125.00 flat fee
Group Homes: 4‑6 beds	$225.00 flat fee
Group Homes: 7‑9 beds	$275.00 flat fee
Other residential:
	More than 9 beds		$275.00 plus $0.15 per
			square foot of project space."
SECTION 5.2.  This section becomes effective July 1, 2008.

expand DEFINITION of home care services AND INCREASE ANNUAL LICENSE FEES
SECTION 6.1.  G.S. 131E‑136 reads as rewritten:
"§ 131E‑136.  Definitions.
As used in this Part, unless otherwise specified:
(1)	"Commission" means the North Carolina Medical Care Commission.
(1a)	"Geographic service area" means the geographic area in which a licensed agency provides home care services.
(2)	"Home care agency" means a private or public organization that provides home care services.
(2a)	"Home care agency director" means the person having administrative responsibility for the operation of the licensed agency site.
(2b)	"Home care client" means an individual who receives home care services.
(3)	"Home care services" means any of the following services and directly related medical supplies and appliances, which are provided to an individual in a place of temporary or permanent residence used as an individual's home:
a.	Nursing care provided by or under the supervision of a registered  nurse.
b.	Physical, occupational, or speech therapy, when provided to an individual who also is receiving nursing services, or any other of these therapy services, in a place of temporary or permanent residence used as the individual's home.
c.	Medical social services.
d.	In‑home aide services that involve hands‑on care to an  individual.
e.	Infusion nursing services.
f.	Assistance with pulmonary care, pulmonary rehabilitation or ventilation.
g.	In‑home companion, sitter, and respite care services provided to an individual.
h.	Homemaker services provided in combination with in‑home companion, sitter, respite, or other home care services.
The term does not include: health promotion, preventative health and community health services provided by public health departments; maternal and child health services provided by public health departments, by employees of the Department of Health and Human Services under G.S. 130A‑124, or by developmental evaluation centers under contract with the Department of Health and Human Services to provide services under G.S. 130A‑124; hospitals licensed under Article 5 of Chapter 131E of the General Statutes when providing follow‑up care initiated to patients within six months after their discharge from the hospital; facilities and programs operated under the authority of G.S. 122C and providing services within the scope of G.S. 122C; schools, when providing services pursuant to Article 9 of Chapter 115C; the practice of midwifery by a person licensed under Article 10A of Chapter 90 of the General Statutes; hospices licensed under Article 10 of Chapter 131E of the General Statutes when providing care to a hospice patient; an individual who engages solely in providing his own services to other individuals; incidental health care provided by an employee of a physician licensed to practice medicine in North Carolina in the normal course of the physician's practice; or nursing registries if the registry discloses to a client or the client's responsible party, before providing any services, that (i) it is not a licensed home care agency, and (ii) it does not make any representations or guarantees concerning the training, supervision, or competence of the personnel provided. The term 'sitter' does not include child care facilities licensed in accordance with Chapter 110 of the General Statutes. The term 'respite care' does not include facilities or services licensed in accordance with Chapter 122C of the General Statutes. The terms 'in‑home companion', 'sitter', 'homemaker', and 'respite care services' do not include (i) services certified or otherwise overseen by the Department as not providing personal care or (ii) services administered on a voluntary basis for which there is not reimbursement from the recipient or anyone acting on the recipient's behalf.
(4)	"Home health agency" means a home care agency which is certified to receive Medicare and Medicaid reimbursement for providing nursing care, therapy, medical social services, and home health aide services on a part‑time, intermittent basis as set out in G.S. 131E‑176(12), and is thereby also subject to Article 9 of Chapter 131E."
SECTION 6.2. G.S. 131E‑138 reads as rewritten: 
"§ 131E‑138.  Licensure requirements.
(a)	No person or governmental unit shall operate a home care agency without a license obtained from the Department. Nothing in this Part shall be construed to extend or modify the licensing of individual health professionals by the licensing boards for their professions or to create any new professional license category.
(b)	Repealed by Session Laws 1991, c. 59, s. 1.
(c)	An application for a license shall be available from the Department, and each application filed with the Department shall contain all information requested by the Department. A license shall be granted to the applicant upon a determination by the Department that the applicant has complied with the provisions of this Part and the rules promulgated by the Commission under this Part. The Department shall charge the applicant a nonrefundable annual license fee in the amount of  four hundred dollars ($400.00).(d)	The Department shall renew the license in accordance with the rules of the Commission.
(e)	Each license shall be issued only for the premises and persons named in the license and shall not be transferable or assignable except with the written approval of the Department.
(f)	The license shall be posted in a conspicuous place on the licensed premises.
(g)	The Commission shall adopt rules to ensure that a home care agency shall be deemed to meet the licensure requirements and issued a license without further review or inspection if: (i) the agency is already certified or accredited by the Joint Commission on Accreditation of Health Care Organizations, National League for Nursing, National Home Caring Council, North Carolina Accreditation Commission for In‑Home Aide Services, or other entities recognized by the Commission and (ii) the agency is certified or accredited for all of the home care services that it provides; or (iii) in the case of continuing care retirement communities licensed by the North Carolina Department of Insurance under Article 64 of Chapter 58 which also have nursing beds licensed by the Department of Health and Human Services under Article 6 of Chapter 131E, the Department certifies, as part of its licensure review or survey of the nursing beds, that the facility also meets all of the rules and regulations adopted by the Commission pursuant to this Part. The Department may, at its discretion, determine the frequency and extent of the review and inspection of home health agencies already certified as meeting federal requirements, but not more frequently than on an annual basis for routine reviews."
SECTION 6.3.  The North Carolina Medical Care Commission may adopt rules to implement Section 6.1 of this section.
SECTION 6.4.  Section 6.1 of this section becomes effective January 1, 2010.  Section 6.2 of this section becomes effective July 1, 2009. The remainder of this section is effective when it becomes law.

CHANGES TO ASBESTOS CONTAINING MATERIAL REMOVAL PERMIT FEES
SECTION 7.1.  G.S. 130A‑450 reads as rewritten:
"§ 130A‑450.  Asbestos containing material removal permit fees.
The Department shall establish and collect an application fee for asbestos containing material removal permits to support the asbestos hazard management program. An applicant for a permit must indicate whether the asbestos is to be removed as part of a renovation or a demolition. The fee for a permit cannot exceed one percent (1%) of the contracted price or twenty cents ($.20) per square foot or linear foot of asbestos containing material to be removed, whichever is greater. If the asbestos is to be removed as part of a demolition, the maximum fee is five thousand dollars ($5,000)."
SECTION 7.2.  This section becomes effective July 1, 2008.

FOREST DEVELOPMENT FUND/FOREST PRODUCTS ASSESSMENT RATES
SECTION 8.1.  G.S. 113A‑192(c) through G.S. 113A‑192(e) are repealed.
SECTION 8.2.  G.S. 113A‑194(b) reads as rewritten:
"(b)	The assessment levied on primary forest products shall be at the following rates:
(1)	Seventy‑five cents (75¢) per thousand board feet for softwood sawtimber, veneer logs and bolts, and all other softwood products normally measured in board feet;
(2)	Sixty cents (60¢) per thousand board feet for hardwood and bald cypress sawtimber, veneer, and all other hardwood and bald cypress products normally measured in board feet;
(3)	Thirty cents (30¢) per cord for softwood pulpwood and other softwood products normally measured in cords;
(4)	Eighteen cents (18¢) per cord for hardwood pulpwood and other hardwood and bald cypress products normally measured in cords;
(5)	All material harvested within North Carolina for shipment outside the State for primary processing will be assessed at a percentage of the invoice value. This percentage will be established to yield rates equal to those if the material were processed within the State."
SECTION 8.3.  This section becomes effective July 1, 2008.

Fee for Floodplain Map Use
SECTION 9.1.  G.S. 143‑215.56 is amended by adding a new subsection to read:
"(h) A bank or another lender that obtains a completed Standard Flood Hazard Determination Form, required under 12 C.F.R. 208.25(f), in the course of making a loan for property located in North Carolina is subject to a charge set by the Department of up to ten dollars ($10.00) for each form the lender completes itself or contracts with another to complete on its behalf. The charge is payable by the lender to the Department when the lender obtains the completed form. To pay the charge, the lender must acquire an identifying digital stamp from the Department and record the stamp with the documents for the loan as evidence of payment of the charge. The lender must keep a record of the digital stamp applied to a completed form for the period of time the lender is required to keep the form under 12 C.F.R. § 208.25(f). 
The Flood Map Fund is established as a special revenue fund. The Department must credit the proceeds of the charge to the fund. Revenue in the fund may be used only to produce and maintain flood insurance rate maps."
SECTION 9.2.  This section becomes effective January 1, 2009.

judicial department facilities fund and fees
SECTION 10.1.  G.S. 7A‑304 is amended by adding a new subdivision to read:
"(2a)	For the maintenance, renovation, construction, and purchase of State judicial facilities, the sum of five dollars ($5.00). One dollar ($1.00) of this sum must be credited to the Court Information Technology Fund. The remainder must be credited to the Judicial Department Facilities Fund."
SECTION 10.2.  G.S. 7A‑305 is amended by adding a new subdivision to read:
"(1a)	For the maintenance, renovation, construction, and purchase of State judicial facilities, the sum of five dollars ($5.00). One dollar ($1.00) of this sum must be credited to the Court Information Technology Fund. The remainder must be credited to the Judicial Department Facilities Fund. "
SECTION 10.3.  G.S. 7A‑306 is amended by adding a new subdivision to read:
"(1a)	For the maintenance, renovation, construction, and purchase of State judicial facilities, the sum of five dollars ($5.00). One dollar ($1.00) of this sum must be credited to the Court Information Technology Fund. The remainder must be credited to the Judicial Department Facilities Fund. "
SECTION 10.4.  G.S. 7A‑307 is amended by adding a new subdivision to read:
"(1a)	For the maintenance, renovation, construction, and purchase of State judicial facilities, the sum of five dollars ($5.00). One dollar ($1.00) of this sum must be credited to the Court Information Technology Fund. The remainder must be credited to the Judicial Department Facilities Fund. "
SECTION 10.5.  G.S. 7A‑343.2 reads as rewritten:
"§ 7A‑343.2.  Court Information Technology Fund.
(a)	Fund. – The Court Information Technology Fund is established within the Judicial Department as a special revenue fund. Interest and other investment income earned by the Fund accrues to it. The fund consists of the following revenues:
(a)	All moneys collected by the Director pursuant to G.S. 7A‑109(d) and G.S. 7A‑49.5.
(b)	State judicial facilities fees credited to the Fund under G.S. 7A‑304 through G.S. 7A‑307.
(b)	Use. – Money in the fund derived from State judicial facilities fees must be used to upgrade, maintain, and operate the judicial and county courthouse phone systems. All other monies in the fund must be used to supplement funds otherwise available to the Judicial Department for court information technology and office automation needs. 
(c)	Report. – The Director must report by August 1 and February 1 of each year to the Joint Legislative Commission on Governmental Operations, the Chairs of the Senate and House Appropriations Committees, and the Chairs of the Senate and House Appropriations Subcommittees on Justice and Public Safety. The report must include the following:
(1)	Amounts credited in the preceding six months to the Fund.
(2)	Amounts expended in the preceding six months from the Fund and the purposes of the expenditures.
(3)	Proposed expenditures of the  funds."
SECTION 10.6.  Section 14.16 of S.L. 2007‑323 is repealed.
SECTION 10.7.  Article 29 of Chapter 7A of the General Statutes is amended by adding a new section to read:
"§ 7A‑343.4. Judicial Department Facilities Fund.
(a)	Fund. – The Judicial Department Facilities Fund is established within the Judicial Department as a special revenue fund. Interest and other investment income earned by the Fund accrues to it. The Fund consists of the State judicial facilities fees credited to the Fund under G.S. 7A‑304 through G.S. 7A‑307.
(b)	Use. – Money in the Fund must be used to purchase, construct, renovate, repair, or maintain land and facilities for use by the Judicial Department or to retire debt incurred under Article 9 of Chapter 142 of the General Statutes for one of these purposes. Money in the Fund may be expended only upon an act of appropriation by the General Assembly. 
(c)	Report. – The Director must report by August 1 and February 1 of each fiscal year to the Joint Legislative Commission on Governmental Operations, the Chairs of the Senate and House Appropriations Committees, and the Chairs of the Senate and House Appropriations Subcommittees on Justice and Public Safety. The report must include the following:
(1)	Amounts credited in the preceding six months to the Fund.
(2)	Amounts expended in the preceding six months from the Fund and the purposes of the expenditures.
(3)	Proposed expenditures of the funds."
SECTION 10.8.  In accordance with G.S. 142‑83, this section authorizes the issuance or incurrence of special indebtedness in the maximum aggregate principal amount of forty million dollars ($40,000,000) to finance the costs of constructing State judicial facilities located at 901 Corporate Drive, Raleigh, NC, and more particularly described as Phase Two, Tract A of Raleigh Corporate Center, consisting of 17.28 acres and as shown on the map recorded in Map Book 1987, page 720, and Map Book 1990, page 576, of the Wake County Register of Deeds. 
SECTION 10.9.  This section becomes effective July 1, 2008, and applies to all costs assessed or collected on or after that date.

agent licensing fee correction and clarification
SECTION 11.1.  G.S. 58‑33‑125 reads as rewritten:
"§ 58‑33‑125.  Fees.
(a)	The following table indicates the annual fees that are required for the respective licenses issued, renewed, or cancelled under this Article and Article 21 of this Chapter:
Adjuster	$75.00
Adjuster, crop hail only	20.00
Agent appointment cancellation (paid by insurer)	10.00
Agent appointment, individual	10.00
Agent appointment, Medicare supplement and 
long‑term care, individual	10.00
	
Agent, overseas military	20.00
Broker, nonresident	50.00
Broker, resident	50.00
Business entity	100.00
Limited representative	20.00
Limited representative cancellation (paid by insurer)	10.00
Motor vehicle damage appraiser	75.00
Surplus lines licensee, corporate	100.00
Surplus lines licensee, individual	50.00

(b)	Whenever a temporary license is issued under this Article, the fee shall be at the same rate as provided in subsection (a) of this section; and any amounts so paid for a temporary license may be credited against the fee required for an appointment by the sponsoring company.
(c)	Any person who is not licensed and who is required by law or administrative rule to secure a license shall, upon application for licensing, pay to the Commissioner a fee of fifty dollars ($50.00). If additional licensing for other kinds of insurance is requested, a fee of fifty dollars ($50.00) shall be paid to the Commissioner upon application for licensing for each additional kind of insurance.
In addition to the fees prescribed by this subsection, any person applying for a supplemental license to sell Medicare supplement and long‑term care insurance policies shall pay an additional fee of fifty dollars ($50.00) upon application for licensing for those kinds of insurance.
(d)	The requirement for an examination, prelicensing education, continuing education, or a registration fee does not apply to agents for domestic farmers' mutual assessment fire insurance companies or associations who solicit and sell only those kinds of insurance specified in G.S. 58‑7‑75(5)d for those companies or associations.
(e)	A resident licensee may obtain a duplicate photo‑bearing license at times and places within this State that the Commissioner considers necessary and reasonable to serve the convenience of both the Commissioner and the licensee. The Commissioner may contract directly with persons for processing of duplicate photo‑bearing licenses, and the contract shall not be subject to Article 3 of Chapter 143 of the General Statutes. The Commissioner may charge a reasonable fee for duplicating a photo‑bearing license in an amount that offsets the costs to the Department of duplicating the license, including costs associated with any contract entered into pursuant to this subsection.
(f)	Repealed by Session Laws 2007‑507, s. 7, effective January 1, 2008, and applicable to fees or charges due, and actions occurring, on or after that date.
(g)	All fees prescribed by this section are nonrefundable. The fees in subsection (a) of this section are in lieu of any other license fees. The fee for an individual agent appointment under subsection (a) of this section applies to each license.
(h)	Fees paid by an insurer on behalf of a person who is licensed or appointed to represent the insurer are payable to the Commissioner when billed. Billing of insurers for renewal fees must be on an annual basis. Billing for licensing and appointment fees other than annual renewal fees are payable at the time of licensure or appointment, daily, monthly, or quarterly, as determined by the Commissioner. An electronic payment made through the NAIC or an affiliate of NAIC is considered a payment to the Commissioner."
SECTION 11.2.  This section becomes effective January 1, 2009, and applies to fees billed on or after that date.

rescue squad workers' relief fund
SECTION 12.1.  G.S. 58‑88‑30 reads as rewritten:
"§ 58‑88‑30.  Administration costs.
The Association shall withhold twelve percent (12%) from the money received pursuant to G.S. 20‑183.7(c) for the administration of the Fund. The Commissioner of Insurance shall withhold two percent (2%) from the money received pursuant to G.S. 20‑183.7(c) for the administration of the Fund."
SECTION 12.2.  This section becomes effective October 1, 2008.

effective date
SECTION 13.  Except as otherwise provided, this act is effective when it becomes law.