Laserfiche WebLink
020 <br />GENERAL ASSEMBLY OF NORTH CAROLINA <br />SESSION 2011 <br />SESSION LAW 2012-126 <br />HOUSE BILL 438 <br />AN ACT TO PROMOTE EFFICIENCY AND EFFECTIVENESS IN THE <br />ADMINISTRATION OF HUMAN SERVICES AND TO STRENGTHEN THE LOCAL <br />PUBLIC HEALTH INFRASTRUCTURE BY ESTABLISHING A PUBLIC HEALTH <br />IMPROVEMENT INCENTIVE PROGRAM AND ENSURING THE PROVISION OF <br />THE TEN ESSENTIAL PUBLIC HEALTH SERVICES. <br />The General Assembly of North Carolina enacts: <br />SECTION 1. G.S. 153A-77 reads as rewritten: <br />"§ 153A-77. Authority of boards of commissioners in certain counties over commissions, <br />boards, agencies, etc. <br />(a) In the exercise of its jurisdiction over commissions, boards and agencies, the board <br />of county commissioners may assume direct control of any activities theretofore conducted by <br />or through any commission, board or agency by the adoption of a resolution assuming and <br />conferring upon the board of county commissioners all powers, responsibilities and duties of <br />any such commission, board or agency. This subseetiensection shall apply to the board of <br />health, the social services board, area mental health, developmental disabilities, and substance <br />abuse area board andor any other commission, board or agency appointed by the board of <br />county commissioners or acting under and pursuant to authority of the board of county <br />commissioners of said eeuntl . ounty except as provided in G.S. 153A-76. A board of county <br />commissioners exercising the power and authority under this subsection may, notwithstanding <br />G.S. 130A-25, enforce public health rules adopted by the board through the imposition of civil <br />penalties. If a public health rule adopted by a board of county commissioners imposes a civil <br />penalty, the provisions of G.S. 130A-25 making its violation a misdemeanor shall not be <br />applicable to that public health rule unless the rule states that a violation of the rule is a <br />misdemeanor. The board of county commissioners may exercise the power and authority herein <br />conferred only after a public hearing held by said board pursuant to 30 days' notice of said <br />public hearing given in a newspaper having general circulation in said county. <br />The board of county commissioners may also appoint advisory boards, committees, <br />councils and agencies composed of qualified and interested county residents to study, interpret <br />and develop community support and cooperation in activities conducted by or under the <br />authority of the board of county commissioners of said county. <br />A board of county commissioners that has assumed direct control of a local health board <br />after January 1, 2012 and that does not delegate the powers and duties of that board to a <br />consolidated health service board shall appoint an advisory committee consistent with the <br />membership described in G.S. 130A-35. <br />(b) In the exercise of its jurisdiction over commissions, boards, and agencies, the board <br />of county commissioners of a county having a county manager pursuant to G.S. 153A-81 may: <br />(1) Consolidate the pFevisi^f^ertain provisions of human services in the county <br />under the direct control of a human services director appointed and <br />supervised by the county manager in accordance with subsection (e) of this <br />section; <br />(2) Create a consolidated human services board having the powers conferred by <br />subsection (c) of this section; <br />(3) Create a consolidated county human services agency having the authority to <br />carry out the functions of any combination of commissions, boards or <br />agencies appointed by the board of county commissioners or acting under <br />and pursuant to authority of the board of county commissioners including <br />1111lII�NI <br />