GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
H 6
HOUSE BILL 97
Committee Substitute Favorable 5/18/15
Committee Substitute #2 Favorable 5/20/15
Committee Substitute #3 Favorable 5/20/15
Committee Substitute #4 Favorable 5/21/15
Fifth Edition Engrossed 5/22/15
Senate Appropriations Committee Substitute with Amendments Adopted 6/16/15
Senate Pensions & Retirement and Aging Committee Substitute Adopted 6/16/15
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Short Title: 2015 Appropriations Act. |
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Sponsors: |
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Referred to: |
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February 24, 2015
A BILL TO BE ENTITLED
AN ACT to make base budget appropriations for current operations of state departments, institutions, and agencies, and for other purposes.
The General Assembly of North Carolina enacts:
PART I. INTRODUCTION AND TITLE OF ACT
SECTION 1.1. This act shall be known as the "Current Operations and Capital Improvements Appropriations Act of 2015."
PART II. CURRENT OPERATIONS AND EXPANSION GENERAL FUND
CURRENT OPERATIONS AND EXPANSION/GENERAL FUND
SECTION 2.1. Appropriations from the General Fund of the State for the maintenance of the State's departments, institutions, and agencies, and for other purposes as enumerated, are made for the fiscal biennium ending June 30, 2017, according to the following schedule:
Current Operations – General Fund FY 2015‑2016 FY 2016‑2017
EDUCATION
Community Colleges System Office 1,051,528,672 1,050,528,672
Department of Public Instruction 8,282,418,560 8,382,532,357
University of North Carolina – Board of Governors
Appalachian State University 127,701,024 127,694,714
East Carolina University
Academic Affairs 210,407,112 210,739,558
Health Affairs 73,527,686 73,527,686
Elizabeth City State University 33,759,228 30,759,228
Fayetteville State University 48,741,530 48,741,530
North Carolina A&T State University 90,898,021 90,898,021
North Carolina Central University 82,132,848 82,132,848
North Carolina State University
Academic Affairs 392,256,502 392,249,291
Agricultural Extension 38,595,927 38,595,927
Agricultural Research 53,099,332 53,099,332
University of North Carolina at Asheville 37,592,283 37,592,283
University of North Carolina at Chapel Hill
Academic Affairs 251,265,861 251,265,861
Health Affairs 186,779,905 186,779,905
AHEC 47,182,678 47,182,678
University of North Carolina at Charlotte 198,971,605 198,971,605
University of North Carolina at Greensboro 143,459,427 143,459,427
University of North Carolina at Pembroke 53,184,870 53,192,105
University of North Carolina at School of the Arts 28,669,298 28,669,298
University of North Carolina at Wilmington 101,627,684 101,473,413
Western Carolina University 85,805,817 85,805,817
Winston‑Salem State University 64,619,124 64,619,124
General Administration 37,256,706 37,256,706
University Institutional Programs 82,284,833 111,221,371
Related Educational Programs 108,168,501 108,168,501
North Carolina School of Science & Math 19,833,370 19,834,570
Aid to Private Institutions 117,219,754 115,219,754
Total University of North Carolina –
Board of Governors 2,715,040,926 2,739,150,553
HEALTH AND HUMAN SERVICES
Department of Health and Human Services
Central Management and Support 116,500,781 130,139,186
Division of Aging and Adult Services 42,845,788 42,845,788
Division of Services for the Blind, Deaf,
and Hard of Hearing 8,098,207 8,098,207
Division of Child Development and Early Education 233,900,693 237,476,515
Health Service Regulation 15,462,135 14,902,628
Division of Medical Assistance 3,761,598,331 3,910,621,818
Division of Mental Health, Developmental Disabilities,
and Substance Abuse Services 519,096,709 502,439,890
NC Health Choice 13,373,219 1,590,592
Division of Public Health 137,337,977 139,261,609
Division of Social Services 181,783,263 184,883,263
Division of Vocational Rehabilitation 37,752,132 37,752,132
Total Health and Human Services 5,067,749,235 5,210,011,628
NATURAL AND ECONOMIC RESOURCES
Department of Agriculture and Consumer Services 112,339,862 114,625,261
Department of Commerce
Commerce 58,030,891 57,512,842
Commerce State‑Aid 3,405,472 1,155,472
Department of Cultural Resources
Cultural Resources 134,129,484 140,169,029
Roanoke Island Commission 517,384 517,384
Wildlife Resources Commission 10,501,493 10,426,493
Department of Environment and Natural Resources 111,377,775 100,246,626
Department of Labor 15,472,917 15,472,917
JUSTICE AND PUBLIC SAFETY
Department of Public Safety 1,828,196,520 1,840,640,544
Judicial Department 480,029,282 479,474,050
Judicial Department – Indigent Defense 115,738,069 115,748,013
Department of Justice 52,295,684 51,405,759
GENERAL GOVERNMENT
Department of Administration 60,353,742 58,381,592
Office of Administrative Hearings 5,117,214 5,117,214
Department of State Auditor 11,739,374 11,891,894
Office of State Controller 22,700,620 22,700,620
State Board of Elections 6,603,243 6,503,243
General Assembly 53,019,670 53,019,670
Office of the Governor 5,580,229 5,580,229
Office of the Governor – Special Projects 2,000,000 2,000,000
Office of State Budget and Management
Office of State Budget and Management 7,242,104 7,242,104
OSBM – Reserve for Special Appropriations 1,550,000 1,500,000
Housing Finance Agency 9,118,739 9,818,739
Department of Insurance 38,381,581 38,381,581
Office of Lieutenant Governor 676,874 676,874
Military and Veterans Affairs 9,525,132 7,815,123
Department of Revenue 79,810,071 79,952,920
Department of Secretary of State 11,713,470 11,713,470
Department of State Treasurer
State Treasurer 11,045,175 10,699,175
State Treasurer – Retirement for Fire and Rescue
Squad Workers 20,664,274 20,664,274
RESERVES, ADJUSTMENTS, AND DEBT SERVICE
Contingency and Emergency Fund 5,000,000 5,000,000
Salary Adjustment Fund 34,000,000 34,000,000
OSHR Minimum of Market Adjustment 0 12,000,000
Job Development Investment Grants (JDIG) 57,816,215 71,728,126
One North Carolina Fund 6,995,976 9,000,000
Information Technology Reserve 20,585,787 19,230,683
Information Technology Fund 22,381,854 22,381,854
Film and Entertainment Grant Fund 10,000,000 10,000,000
Workers' Compensation Reserve 5,000,000 (10,000,000)
State Emergency Response and Disaster Relief Fund 10,000,000 0
Site Infrastructure Development Fund 13,000,000 0
Debt Service
General Debt Service 713,159,643 676,849,215
Federal Reimbursement 1,616,380 1,616,380
TOTAL CURRENT OPERATIONS –
GENERAL FUND 21,295,169,593 21,515,082,580
GENERAL FUND AVAILABILITY STATEMENT
SECTION 2.2.(a) The General Fund availability used in developing the 2015‑2017 fiscal biennial budget is shown below.
FY 2015‑2016 FY 2016‑2017
Unappropriated Balance Remaining from Previous Year 2,033,330 43,297,632
Anticipated Over Collections FY 2014‑15 400,000,000 0
Anticipated Reversions from FY 2014‑15
(OSBM Estimate, May 12, 2015) 226,734,550 0
Other Reversions 27,343,020 0
Revenue Adjustment as per S.L. 2015‑2 (1,000,000) 0
Less Earmarkings of Year End Fund Balance
Savings Reserve (500,000,000) 0
Repairs and Renovations (155,110,900) 0
Beginning Unreserved Fund Balance 0 43,297,632
Revenues Based on Existing Tax Structure 20,981,400,000 21,592,400,000
Non‑tax Revenues
Investment Income 17,100,000 17,400,000
Judicial Fees 227,800,000 225,500,000
Disproportionate Share 139,000,000 139,000,000
Insurance 78,400,000 79,600,000
Master Settlement Agreement (MSA) 137,500,000 137,500,000
Other Non‑Tax Revenues 168,000,000 168,800,000
Highway Fund Transfer 215,900,000 215,900,000
Subtotal Non‑tax Revenues 983,700,000 983,700,000
Total General Fund Availability 21,965,100,000 22,619,397,632
Adjustments to Availability: 2015 Session
Tax Reductions (72,700,000) (421,100,000)
Renewable Energy Safe Harbor (S.L. 2015‑11) 0 (36,700,000)
Realign Judicial Fees 25,000,000 25,000,000
MSA Funds to Golden L.E.A.F. (20,075,000) (20,075,000)
End Highway Fund Transfer to General Fund (215,900,000) (215,900,000)
Department of Justice Tobacco Settlement 2,194,000 0
Transfer to Medicaid Transformation Reserve (185,604,653) (185,604,653)
Transfer from DPS Enterprise Resource Planning
System IT Fund 9,000,000 0
Transfer from Federal Insurance Contributions Act
(FICA) Fund 4,296,802 641,628
Transfer from Statewide Automated Fingerprint
Identification System Fund 333,557 0
Transfer from E‑Commerce Fund 1,257,140 0
Adjustment of Transfer from Department of State
Treasurer 375,262 369,262
Adjustment of Transfer from Insurance Regulatory
Fund 85,217 85,217
Subtotal Adjustments to Availability: 2015 Session (451,737,675) (853,283,546)
Revised General Fund Availability 21,513,362,325 21,766,114,086
Less General Fund Appropriations (21,470,064,693) (21,520,170,080)
Unappropriated Balance Remaining 43,297,632 245,944,006
SECTION 2.2.(b) G.S. 105‑164.44D is repealed.
SECTION 2.2.(c) Notwithstanding the provisions of G.S. 143C‑4‑3(a), the State Controller shall transfer a total of one hundred fifty‑five million one hundred ten thousand nine hundred dollars ($155,110,900) from the unreserved fund balance to the Repairs and Renovations Reserve on June 30, 2015. Funds transferred under this section to the Repairs and Renovations Reserve are appropriated for the 2015‑2016 fiscal year and shall be used in accordance with G.S. 143C‑4‑3. This subsection becomes effective June 30, 2015.
SECTION 2.2.(d) Notwithstanding G.S. 143C‑4‑2, the State Controller shall transfer a total of five hundred million dollars ($500,000,000) from the unreserved fund balance to the Savings Reserve Account on June 30, 2015. This transfer is not an "appropriation made by law," as that phrase is used in Section 7(1) of Article V of the North Carolina Constitution. This subsection becomes effective June 30, 2015.
SECTION 2.2.(e) Funds reserved in the Medicaid Transformation Reserve established in Section 12H.24(w) of this act do not constitute an "appropriation made by law," as that phrase is used in Section 7(1) of Article V of the North Carolina Constitution.
SECTION 2.2.(e1) Funds reserved by section 2.2 of S.L. 2014‑100 in the Medicaid Contingency Reserve established in Section 12H.38 of that act do not constitute an "appropriation made by law," as that phrase is used in Section 7(1) of Article V of the North Carolina Constitution.
SECTION 2.2.(f) Notwithstanding any other provision of law to the contrary, effective June 30, 2015, the following amounts shall be transferred to the State Controller to be deposited in the appropriate budget code as determined by the State Controller. These funds shall be used to support the General Fund appropriations as specified in this act for the 2015‑2016 fiscal year.
Budget Fund FY 2015‑2016
Code Code Description Amount
24100 2514 E‑Commerce Fund $ 1,257,140
24160 2000 NC FICA Account 4,296,802
23002 2910 Statewide Automated Fingerprint
Identification System Fund 333,557
24554 2004 DPS – Enterprise Resource Planning
System IT Fund 9,000,000
SECTION 2.2.(g) Notwithstanding any other provision of law to the contrary, effective June 30, 2016, the following amounts shall be transferred to the State Controller to be deposited in the appropriate budget code as determined by the State Controller. These Funds shall be used to support the General Fund appropriations as specified in this act for the 2016‑2017 fiscal year.
Budget Fund FY 2016‑2017
Code Code Description Amount
24160 2000 NC FICA Account 641,628
SECTION 2.2.(h) Notwithstanding any other provision of law to the contrary, effective June 30, 2015, the following amounts shall revert to the General Fund. These funds shall be used to support the General Fund appropriations as specified in this act for the 2015‑2016 fiscal year:
Description Amount
Department of Commerce – Job Catalyst Fund 20,000,000
Community Colleges – Yellow Ribbon 1,000,000
UNC System – Yellow Ribbon 4,863,276
Department of Public Safety – Broaden Access to Community Treatment 1,479,744
SECTION 2.2.(i) Subsections (c), (d), (f), (h), and (i) of this section become effective June 30, 2015.
PART III. CURRENT OPERATIONS/HIGHWAY FUND
CURRENT OPERATIONS AND EXPANSION/HIGHWAY FUND
Current Operations – Highway Fund FY 2015‑2016 FY 2016‑2017
Department of Transportation
Administration $ 112,492,808 $ 90,112,808
Division of Highways
Administration 33,467,959 33,467,959
Construction 45,054,878 45,054,878
Maintenance 1,207,773,807 1,237,538,168
Planning and Research 0 0
OSHA Program 358,030 358,030
State Aid to Municipalities 147,500,000 150,000,000
Intermodal Divisions
Ferry 39,750,395 39,750,395
Public Transportation 88,173,419 88,173,419
Aviation 25,760,952 25,760,952
Rail 23,651,674 23,651,674
Bicycle and Pedestrian 726,895 726,895
Governor's Highway Safety 251,241 251,241
Division of Motor Vehicles 120,334,217 120,334,217
Other State Agencies, Reserves, Transfers 54,283,569 54,134,470
Capital Improvements 7,817,900 15,444,300
Total Highway Fund Appropriations $ 1,907,397,744 $ 1,924,759,406
HIGHWAY FUND/AVAILABILITY STATEMENT
SECTION 3.2. The Highway Fund availability used in developing the 2015‑2017 fiscal biennial budget is shown below:
Highway Fund Availability Statement FY 2015‑2016 FY 2016‑2017
Unreserved Fund Balance $ 0 $ 0
Estimated Revenue 1,969,300,000 1,934,200,000
Adjustment to Revenue Availability:
Motor Fuel Tax (Shallow Draft Navigation
Channel Dredging and Lake Maintenance Fund) 157,517 152,333
Motor Fuel Tax (Wildlife Resources Fund) 157,517 152,333
Motor Fuel Tax (Noncommercial Leaking
Petroleum Underground Storage Tank
Cleanup Fund) 0 1,540,000
Motor Fuel Tax Distribution (94,510,000) (91,400,000)
Division of Motor Vehicles Fee Adjustments 30,822,710 78,644,740
Special Registration Plate Account 1,470,000 1,470,000
Revised Total Highway Fund Availability $ 1,907,397,744 $ 1,924,759,406
Unappropriated Balance $ 0 $ 0
PART IV. HIGHWAY TRUST FUND APPROPRIATIONS
HIGHWAY TRUST FUND APPROPRIATIONS
SECTION 4.1. Appropriations from the State Highway Trust Fund for the maintenance and operation of the Department of Transportation and for other purposes as enumerated are made for the fiscal biennium ending June 30, 2017, according to the following schedule:
Current Operations – Highway Trust Fund FY 2015‑2016 FY 2016‑2017
Program Administration $ 35,064,813 $ 35,064,813
Turnpike Authority 49,000,000 49,000,000
Transfer to Highway Fund 400,000 400,000
Debt Service 48,619,701 61,012,229
Strategic Prioritization Funding Plan for
Transportation Investments 1,185,145,486 1,189,802,958
Total Highway Trust Fund Appropriations $ 1,318,230,000 $ 1,335,280,000
HIGHWAY TRUST FUND AVAILABILITY STATEMENT
SECTION 4.2. The Highway Trust Fund availability used in developing the 2015‑2017 fiscal biennial budget is shown below:
Highway Trust Fund Availability FY 2015‑2016 FY 2016‑2017
Unreserved Fund Balance $ 0 $ 0
Estimated Revenue 1,215,900,000 1,221,200,000
Adjustment to Revenue Availability:
Motor Fuel Tax Distribution 94,510,000 91,400,000
Motor Fuel Tax (Noncommercial Leaking Petroleum
Underground Storage Tank Cleanup Fund) 0 660,000
Division of Motor Vehicles Fee Adjustments 3,650,000 12,020,000
Highway Use Tax Adjustments 4,170,000 10,000,000
Total Highway Trust Fund Availability $ 1,318,230,000 $ 1,335,280,000
Unappropriated Balance $ 0 $ 0
PART V. OTHER APPROPRIATIONS
CASH BALANCES AND OTHER APPROPRIATIONS
SECTION 5.1.(a) Cash balances, federal funds, departmental receipts, grants, and gifts from the General Fund, revenue funds, enterprise funds, and internal service funds are appropriated for the 2015‑2017 fiscal biennium as follows:
(1) For all budget codes listed in "The Governor's Recommended Budget, the State of North Carolina 2015‑2017" and in the Budget Support Document, fund balances and receipts are appropriated up to the amounts specified, as adjusted by the General Assembly, for the 2015‑2016 fiscal year and the 2016‑2017 fiscal year. Funds may be expended only for the programs, purposes, objects, and line items or as otherwise authorized by the General Assembly. Expansion budget funds listed in those documents are appropriated only as otherwise provided in this act.
(2) Notwithstanding the provisions of subdivision (1) of this subsection:
a. Any receipts that are required to be used to pay debt service requirements for various outstanding bond issues and certificates of participation are appropriated up to the actual amounts received for the 2015‑2016 fiscal year and the 2016‑2017 fiscal year and shall be used only to pay debt service requirements.
b. Other funds, cash balances, and receipts of funds that meet the definition issued by the Governmental Accounting Standards Board of a trust or agency fund are appropriated for and in the amounts required to meet the legal requirements of the trust agreement for the 2015‑2016 fiscal year and the 2016‑2017 fiscal year.
SECTION 5.1.(b) Receipts collected in a fiscal year in excess of the amounts appropriated by this section shall remain unexpended and unencumbered until appropriated by the General Assembly, unless the expenditure of overrealized receipts in the fiscal year in which the receipts were collected is authorized by the State Budget Act. Overrealized receipts are appropriated in the amounts necessary to implement this subsection.
SECTION 5.1.(c) Notwithstanding subsections (a) and (b) of this section, there is appropriated from the Reserve for Reimbursements to Local Governments and Shared Tax Revenues for each fiscal year an amount equal to the amount of the distributions required by law to be made from that reserve for that fiscal year.
OTHER RECEIPTS FROM PENDING GRANT AWARDS
SECTION 5.1A.(a) Notwithstanding G.S. 143C‑6‑4, State agencies may, with approval of the Director of the Budget, spend funds received from grants awarded subsequent to the enactment of this act for grant awards that are for less than two million five hundred thousand dollars ($2,500,000), do not require State matching funds, and will not be used for a capital project. State agencies shall report to the Joint Legislative Commission on Governmental Operations within 30 days of receipt of such funds.
State agencies may spend all other funds from grants awarded after the enactment of this act only with approval of the Director of the Budget and after consultation with the Joint Legislative Commission on Governmental Operations.
SECTION 5.1A.(b) The Office of State Budget and Management shall work with the recipient State agencies to budget grant awards according to the annual program needs and within the parameters of the respective granting entities. Depending on the nature of the award, additional State personnel may be employed on a time‑limited basis. Funds received from such grants are hereby appropriated and shall be incorporated into the authorized budget of the recipient State agency.
EDUCATION LOTTERY FUNDS/EXPENSES OF THE LOTTERY/LIMIT ON REGIONAL OFFICES
SECTION 5.2.(a) The appropriations made from the Education Lottery Fund for the 2015‑2017 fiscal biennium are as follows:
FY 2015‑2016 FY 2016‑2017
Noninstructional Support Personnel $ 345,571,558 $ 361,666,883
Prekindergarten Program 75,535,709 75,535,709
Public School Building Capital Fund 100,100,000 100,000,000
Scholarships for Needy Students 30,450,000 30,450,000
UNC Need‑Based Financial Aid 10,744,733 10,744,733
TOTAL $ 562,402,000 $ 578,397,325
SECTION 5.2.(b) The Education Lottery Fund availability used in developing the 2015‑2017 biennial budget is shown below:
AVAILABILITY FY 2015‑2016 FY 2016‑2017
Revenue Based on Existing Policies $ 528,902,000 $ 533,397,325
Revenue from E‑Instant Games 2,000,000 13,500,000
Revenue from Additional Advertising 31,500,000 31,500,000
TOTAL $ 562,402,000 $ 578,397,325
SECTION 5.2.(c) Notwithstanding G.S. 18C‑164, the Office of State Budget and Management shall not transfer funds to the Education Lottery Reserve Fund for either year of the 2015‑2017 fiscal biennium.
SECTION 5.2.(d) G.S. 18C‑162(a) reads as rewritten:
"§ 18C‑162. Allocation of revenues.
(a) The Commission shall allocate revenues to the North Carolina State Lottery Fund in order to increase and maximize the available revenues for education purposes, and to the extent practicable, shall adhere to the following guidelines:
(1) At least fifty percent (50%) of the total annual revenues, as described in this Chapter, shall be returned to the public in the form of prizes.
(2) At least thirty‑five percent (35%) of the total annual revenues, as described in this Chapter, shall be transferred as provided in G.S. 18C‑164.
(3) No more than eight percent (8%) of the total annual
revenues, as described in this Chapter, shall be allocated for payment of
expenses of the Lottery. Advertising expenses shall not exceed one percent
(1%) one and one‑half percent (1.5%) of the total annual
revenues.
(4) No more than seven percent (7%) of the face value of tickets or shares, as described in this Chapter, shall be allocated for compensation paid to lottery game retailers."
SECTION 5.2.(e) Of the funds appropriated in this section to the Public School Building Capital Fund for the 2015‑2016 fiscal year, the Office of State Budget and Management shall use up to one hundred thousand dollars ($100,000) to contract with an outside entity (i) to perform an independent assessment of school construction needs in local school administrative units in the 50 counties determined under the low‑wealth school funding formula to have the lowest ability to pay for school facilities and (ii) to determine which of those units have the highest facility needs in relation to their capacity to raise revenue to meet those needs.
The Office of State Budget and Management shall report the results of this study to the Joint Legislative Commission on Governmental Operations prior to January 1, 2016.
SECTION 5.2.(f) The Lottery Commission shall maintain eight regional offices or claims centers, one of which shall be located in each of the regional Prosperity Zones established in G.S. 143B‑28.1. As soon as it is practicable to do so, the Lottery Commission shall co‑locate its regional offices or claims centers with the regional offices of the Prosperity Zones.
CIVIL PENALTY AND FORFEITURE FUND
SECTION 5.3.(a) Appropriations are made from the Civil Penalty and Forfeiture Fund for the fiscal biennium ending June 30, 2017, as follows:
FY 2015‑2016 FY 2016‑2017
School Technology Fund $18,000,000 $18,000,000
State Public School Fund 124,362,790 124,362,790
Total Appropriation $142,362,790 $142,362,790
SECTION 5.3.(b) Excess receipts realized in the Civil Penalty and Forfeiture Fund in each year of the 2015‑2017 fiscal biennium are appropriated to the School Technology Fund.
INDIAN GAMING EDUCATION REVENUE FUND
SECTION 5.4. Notwithstanding G.S. 143C‑9‑7, there is appropriated from the Indian Gaming Education Revenue Fund to the Department of Public Instruction, Textbooks and Digital Resources Allotment, the sum of six million dollars ($6,000,000) for the 2015‑2016 fiscal year and the sum of six million dollars ($6,000,000) for the 2016‑2017 fiscal year.
MODIFY ELEMENTS OF CASH MANAGEMENT PLAN
SECTION 5.5. G.S. 147‑86.11(e) reads as rewritten:
"(e) Elements of Plan. – For moneys received or to be received, the statewide cash management plan shall provide at a minimum that:
…
(4) Unpaid billings due to a State agency other than
amounts owed by patients to the University of North Carolina Health Care
System, East Carolina University's Division of Health Sciences, or by customers
of the North Carolina Turnpike Authority Authority, or the North
Carolina Department of Transportation shall be turned over to the Attorney
General for collection no more than 90 days after the due date of the billing,
except that a State agency need not turn over to the Attorney General unpaid
billings of less than five hundred dollars ($500.00), or (for institutions
where applicable) amounts owed by all patients which are less than the
federally established deductible applicable to Part A of the Medicare program,
and instead may handle these unpaid bills pursuant to agency debt collection
procedures.
…
(4b) The North Carolina Turnpike Authority and the
North Carolina Department of Transportation may turn over to the Attorney
General for collection amounts owed to the North Carolina Turnpike Authority.Authority
or the North Carolina Department of Transportation.
…."
PART VI. GENERAL PROVISIONS
CONTINGENCY AND EMERGENCY FUND LIMITATION
SECTION 6.1. For the 2015‑2017 fiscal biennium and notwithstanding the provisions of G.S. 143C‑4‑4(b), funds appropriated to the Contingency and Emergency Fund may be used only for expenditures required (i) by a court or Industrial Commission order or (ii) to respond to events as authorized under G.S. 166A‑19.40(a) of the North Carolina Emergency Management Act. These funds shall not be used for other statutorily authorized purposes or for any other contingencies and emergencies.
ESTABLISHING OR INCREASING FEES
SECTION 6.2.(a) Notwithstanding G.S. 12‑3.1, an agency is not required to consult with the Joint Legislative Commission on Governmental Operations prior to establishing or increasing a fee to the level authorized or anticipated in this act.
SECTION 6.2.(b) Notwithstanding G.S. 150B‑21.1A(a), an agency may adopt an emergency rule in accordance with G.S. 150B‑21.1A to establish or increase a fee as authorized by this act if the adoption of a rule would otherwise be required under Article 2A of Chapter 150B of the General Statutes.
STATE AGENCIES/REPORTS ON LEGISLATIVE LIAISONS AND SALARY INFORMATION
SECTION 6.4. By September 1, 2015, the Office of State Budget and Management shall report the following information to the chairs of the House of Representatives Appropriations Committee, the chairs of the Senate Appropriations/Base Budget Committee, and to the Fiscal Research Division:
(1) Legislative liaisons. ‑
a. The number of legislative liaisons designated by each Department or Commission.
b. For each individual, the position name, position number, salary, the amount of time spent lobbying legislators or legislative employees for legislative action, and whether lobbying is the individual's principal duty such that the individual is required to file a registration statement with the Secretary of State.
c. An explanation of why each legislative liaison is needed.
d. A description of any other responsibilities or duties performed by each legislative liaison.
(2) Public Information Officer (PIO) and staff reporting to PIO. ‑
a. The number of individuals designated by the Department or Commission to serve as a Public Information Officer, and the number of staff reporting to each PIO.
b. For each individual, the position name, position number, and salary.
c. The duties and responsibilities of each individual in his or her role as a Public Information Officer or staff to a PIO.
d. An explanation of why each Public Information Officer and staff to each PIO is needed.
(3) Salary reserve and lapsed salaries. ‑
a. The amount of salary reserve, by source, remaining in each fund code on June 30 of fiscal year 2013‑2014 and fiscal year 2014‑2015.
b. The amount of lapsed salaries generated in fiscal year 2013‑2014 and fiscal year 2014‑2015.
c. The Department's or Commission's policy on the use of salary reserve and lapsed salaries.
COMPENSATION FOR RESEARCH AND DEVELOPMENT
SECTION 6.11.(a) Any contract entered into by a State agency for the development, design, creation, or testing of a new curriculum, technology system or platform, or other product shall contain a provision specifying how the State of North Carolina will be appropriately compensated from the proceeds of the contractor's future revenue, use, and sales related to the curriculum, information technology system or platform, or other product in recognition of the State's investment of time, resources, expertise, knowledge, and data.
SECTION 6.11.(b) The Office of the Attorney General shall develop the necessary contract language to effectuate the requirement in subsection (a) of this section and shall ensure that the language is incorporated into the State's template for contracts, as appropriate.
EXPENDITURES OF FUNDS IN RESERVES LIMITED
SECTION 6.17. All funds appropriated by this act into reserves may be expended only for the purposes for which the reserves were established.
CLARIFY THE CONSULTATION REQUIREMENT BEFORE THE JOINT LEGISLATIVE COMMISSION ON GOVERNMENTAL OPERATIONS WHEN A STATE AGENCY ESTABLISHES OR INCREASES A FEE OR CHARGE
SECTION 6.18. G.S. 12‑3.1(a) reads as rewritten:
"(a) Authority. – Only the General Assembly has the power to authorize an agency to establish or increase a fee or charge for the rendering of any service or fulfilling of any duty to the public. In the construction of a statute, unless that construction would be inconsistent with the manifest intent of the General Assembly or repugnant to the context of the statute, the legislative grant of authority to an agency to adopt rules shall not be construed as a grant of authority to the agency to establish by rule a fee or a charge for the rendering of any service or fulfilling of any duty to the public, unless the statute expressly provides for the grant of authority to establish a fee or charge for that specific service. Notwithstanding any other law, a rule adopted by an agency to establish or increase a fee or charge shall not go into effect until the agency has consulted with the Joint Legislative Commission on Governmental Operations on the amount and purpose of the fee or charge to be established or increased. Where a rule provides for a periodic automatic adjustment to a fee, the agency that adopts the rule is not required to consult with the Commission every time the fee automatically adjusts. The agency shall submit a request for consultation to all members of the Commission, the Commission Assistant, and the Fiscal Research Division of the General Assembly on the same date the notice of text of the rule is published. The request for consultation shall consist of a written report stating (i) the amount of the current fee or charge, if applicable, (ii) the amount of the proposed new or increased fee or charge, (iii) the statutory authority for the fee or charge, and (iv) a detailed explanation of the need for the establishment or increase of the fee or charge."
Emergency and Disaster Response Funding Changes
SECTION 6.19.(a) G.S. 166A‑19.40 reads as rewritten:
"§ 166A‑19.40. Use of contingency and emergency funds.
(a) Use of Funds for Relief and Assistance. –Contingency
and Emergency Funds. – The Governor may use contingency and emergency funds
as necessary and appropriate to provide relief and assistance from the effects
of an emergency and may reallocate such other funds as may reasonably be
available within the appropriations of the various departments when the
severity and magnitude of the emergency so requires and the contingency and
emergency funds are insufficient or inappropriate.funds:
(1) As necessary and appropriate to provide relief and assistance from the effects of an emergency.
(2) As necessary and appropriate for National Guard training in preparation for emergencies, with the concurrence of the Council of State.
(b) Use of Funds for National Guard
Training. – In preparation for a state of emergency, with the concurrence of
the Council of State, the Governor may use contingency and emergency funds as
necessary and appropriate for National Guard training in preparation for
emergencies.
(c) Use of Other Funds. – The Governor may reallocate such other funds as may reasonably be available within the appropriations of the various departments when all of the following conditions are satisfied:
(1) The severity and magnitude of the emergency so requires.
(2) Contingency and emergency funds are insufficient or inappropriate.
(3) A state of emergency has been declared pursuant to G.S. 166A‑19.20(a).
(4) Funds in the State Emergency Response and Disaster Relief Account are insufficient."
SECTION 6.19.(b) G.S. 166A‑19.42 reads as rewritten:
"§ 166A‑19.42. State Emergency Response and Disaster Relief Account.
(a) Account Established. – There is established a State Emergency Response and Disaster Relief Account as a reserve in the General Fund. Any funds appropriated to the Account shall remain available for expenditure as provided by this section, unless directed otherwise by the General Assembly.
(b) Use of Funds. – The Governor may spend funds from the Account for the following purposes:
(1) To cover the start‑up costs of State Emergency Response Team operations for an emergency that poses an imminent threat of a Type I, Type II, or Type III disaster.
(2) To cover the cost of first responders to a Type I, Type II, or Type III disaster and any related supplies and equipment needed by first responders that are not provided for under subdivision (1) of this subsection.
(3) To provide relief and assistance in accordance with G.S. 166A‑19.41 from the effects of an emergency.
All other types of emergency assistance authorized by this
Part shall continue to be financed by the funds made available under G.S. 166A‑19.41.
…."
SECTION 6.19.(c) G.S. 166A‑19.3 reads as rewritten:
"§ 166A‑19.3. Definitions.
The following definitions apply in this Article:
(1) Account. – The State Emergency Response and Disaster Relief Account established in G.S. 166A‑19.42.
…."
CONTINUATION REVIEW OF CERTAIN FUNDS/PROGRAMS/DIVISIONS
SECTION 6.20.(a) It is the intent of the General Assembly to review the funds, agencies, divisions, and programs financed by transfers from the Highway Fund. This process is known as the Continuation Review Program. The Continuation Review Program is intended to assist the General Assembly in determining whether to continue, reduce, or eliminate transfers from the Highway Fund for the funds, agencies, divisions, and programs subject to continuation review.
SECTION 6.20.(b) The Appropriations/Base Budget Committee of the Senate and the Appropriations Committee of the House of Representatives may review the transfers from the Highway Fund for the funds, programs, and divisions listed in this section and shall determine whether to continue, reduce, or eliminate transfers from the Highway Fund for the funds, programs, and divisions, subject to the Continuation Review Program. The Fiscal Research Division may issue instructions to the State departments and agencies subject to continuation review regarding the expected content and format of the reports required by this section. The following funds, agencies, divisions, and programs are subject to continuation review as provided in this section:
(1) Department of Agriculture and Consumer Services – Gasoline and Oil Inspection.
(2) Department of Environment and Natural Resources –
a. Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund.
b. Division of Air Quality Inspection and Maintenance Fees.
c. Division of Air Quality Water and Air Quality Account.
d. Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund.
e. Mercury Pollution Prevention Account.
(3) Department of Health and Human Services – Forensic Test for Alcohol Branch.
(4) Department of Insurance –
a. Rescue Squad Workers' Relief Fund.
b. Volunteer Rescue/EMS Grant Program.
c. State Fire Protection.
(5) Department of Public Safety –
a. Highway Patrol Motor Carrier Safety Assistance Program.
b. Inmate Road Squads and Litter Crews.
(6) Office of State Controller – Funding transferred for BEACON support.
(7) Wildlife Resources Commission – Boating Account.
SECTION 6.20.(c) The continuation review reports required in this section shall include the following information:
(1) A description of the fund, agency, division, or program mission, goals, and objectives, including statutorily required functions and functions performed without specific statutory authority.
(2) The performance measures for the fund, agency, division, or program and the problem or need addressed.
(3) The extent to which the fund, agency, division, or program objectives and performance measures have been achieved.
(4) A detailed accounting of all sources of funds for the fund, agency, division, or program.
(5) Recommendations for statutory, budgetary, or administrative changes needed to improve efficiency and effectiveness of services delivered to the public, including recommendations regarding whether to transfer the program to the Division of Motor Vehicles or to elsewhere in the Department of Transportation.
(6) The consequences of discontinuing funding or of continuing funding with a source other than a transfer from the Highway Fund.
(7) Recommendations for improving services or reducing costs or duplication.
(8) The identification of policy issues that should be brought to the attention of the General Assembly.
(9) Other information necessary to fully support the General Assembly's Continuation Review Program along with any information included in instructions from the Fiscal Research Division.
SECTION 6.20.(d) State departments and agencies identified in subsection (b) of this section shall submit a report of the preliminary findings of the continuation review to the Fiscal Research Division no later than December 1, 2015, and shall submit a final report to the Fiscal Research Division no later than April 1, 2016.
LRC STUDY ON METHODS FOR INCREASING TRANSFERS TO THE SAVINGS RESERVE ACCOUNT
SECTION 6.21.(a) The Legislative Research Commission (LRC) shall study methods for increasing the amount of funds transferred to the Savings Reserve Account. As part of its study, the LRC shall do all of the following:
(1) Examine potential costs and benefits of requiring one or more of the following to be transferred periodically to the Savings Reserve Account:
a. Growth in General Fund revenue in excess of a benchmark growth rate.
b. A particular percentage or dollar amount of General Fund revenue each fiscal year.
c. Some portion of growth in the sources of revenue identified pursuant to subdivision (2) of this subsection each fiscal year.
d. Interest earned on special funds.
(2) Identify specific sources of State revenue that are especially volatile.
(3) Consider how the timing of transfers to the Savings Reserve Account affects the amount transferred and the stability of the General Fund.
(4) Determine the appropriate target balance of the Savings Reserve Account, if different from the goal set forth in G.S. 143C‑4‑2.
(5) Any other matters the Commission deems relevant to its efforts to increase the amount of funds in the Savings Reserve Account.
SECTION 6.21.(b) The LRC shall report its findings, together with any proposed legislation, to the 2016 Regular Session of the 2015 General Assembly upon its convening.
Require Settlement Funds in Excess of ten million dollars to Be Deposited in the Savings Reserve Account
SECTION 6.22.(a) G.S. 114‑2.4A reads as rewritten:
"§ 114‑2.4A. Disposition of funds received by the State or a State agency from a settlement or other final order or judgment of the court.
…
(c) Exception. – Subsections (b) and (e) (b),
(e), and (h) of this section shall not apply to funds received by the
Department of Health and Human Services to the extent those funds represent the
recovery of previously expended Medicaid funds.
…
(h) Recoveries in Excess of Ten Million Dollars. – Whenever the State or a State agency receives funds from a particular settlement or other final order or judgment of the court in excess of ten million dollars ($10,000,000) in any fiscal year, the State Controller shall transfer the excess to the Savings Reserve Account. For purposes of determining whether funds received from a settlement or other final order or judgment of the court are subject to this section:
(1) The amount of funds to be considered shall be net of any funds distributed to the parties set forth in sub‑subdivisions (b)(1)a. through c. of this section.
(2) Payments to more than one State agency shall be aggregated for purposes of determining the amount of the funds.
(i) Subsection (h) Does Not Apply to Master Settlement Agreement. – Subsection (h) of this section does not apply to funds received from or in connection with the Master Settlement Agreement as described in S.L. 1999‑2."
SECTION 6.22.(b) G.S. 114‑2.4A(h), as enacted by subsection (a) of this section, does not apply to funds received from or in connection with the following settlements:
(1) Settlement funds received by the State pursuant to the Consent Judgment in U.S. v. Bank of America, Civil Action No. 12‑CV‑0361, dated April 4, 2012.
(2) Settlement funds received by the State pursuant to the settlement agreement in North Carolina ex rel. Cooper v. The McGraw‑Hill Companies, Inc., and Standard & Poor's Financial Services LLC, No. 13CVS 001703.
Require Transfer of Savings from the Refinancing of Certain State Debt to Be Transferred to the Savings Reserve
SECTION 6.23.(a) Article 1 of Chapter 142 of the General Statutes is amended by adding a new section to read:
"§ 142‑15.4. Savings from refinancing of general obligation bonds to be placed in the Savings Reserve Account.
Whenever general obligation bonds issued or incurred by the State are refinanced:
(1) The General Assembly shall not reduce the funds appropriated for servicing the refinanced debt during the fiscal biennium in which the refinancing occurs.
(2) The State Controller shall, in conjunction with the State Treasurer, periodically transfer the savings resulting from the refinancing of the debt to the Savings Reserve Account established pursuant to G.S. 143C‑4‑2 during the fiscal biennium in which the refinancing occurs.
(3) The Director of the Budget shall, in the fiscal biennium immediately following the refinancing, adjust the amount of debt service funded in the base budget so that it aligns with actual debt service needs."
SECTION 6.23.(b) Article 9 of Chapter 142 of the General Statutes is amended by adding a new section to read:
"§ 142‑96. Savings from refinancing of special indebtedness to be placed in the Savings Reserve Account.
Whenever special indebtedness issued or incurred pursuant to this Article is refinanced:
(1) The General Assembly shall not reduce the funds appropriated for servicing the refinanced debt during the fiscal biennium in which the refinancing occurs.
(2) The State Controller shall, in conjunction with the State Treasurer, periodically transfer the savings resulting from the refinancing of the debt to the Savings Reserve Account established pursuant to G.S. 143C‑4‑2 during the fiscal biennium in which the refinancing occurs.
(3) The Director of the Budget shall, in the fiscal biennium immediately following the refinancing, adjust the amount of debt service funded in the base budget so that it aligns with actual debt service needs."
SECTION 6.23.(c) This section becomes effective July 1, 2015, and applies to indebtedness issued, incurred, or refinanced on or after that date.
SECTION 6.24.(a) Section 6 of S.L. 1999‑2, as amended by Section 6.11(d) of Session Law 2011‑145, Section 7(b) of Session Law 2011‑391, and Section 6.4(b) of S.L. 2013‑360, reads as rewritten:
"SECTION 6.(a) The It is the intent of
the General Assembly that the funds under the Master Settlement Agreement,
which is incorporated into the Consent Decree, shall be credited to the
Settlement Reserve Fund.be allocated as follows:
(1a) Fourteen and six‑tenths percent (14.6%) to The Golden L.E.A.F. (Long‑Term Economic Advancement Foundation), Inc., a nonprofit corporation.
(1b) Eighty‑five and four‑tenths percent (85.4%) shall be credited to the Settlement Reserve Fund.
(b) Any monies paid into the North Carolina State Specific Account from the Disputed Payments Account on account of the Non‑Participating Manufacturers that would have been transferred to The Golden L.E.A.F. (Long‑Term Economic Advancement Foundation), Inc., shall be deposited in the Settlement Reserve Fund."
SECTION 6.24.(b) The Attorney General shall take all necessary actions to notify the court in the action entitled State of North Carolina v. Philip Morris Incorporated, et al., 98 CVS 14377, in the General Court of Justice, Superior Court Division, Wake County, North Carolina, and the administrators of the State Specific Account established under the Master Settlement Agreement of this action by the General Assembly regarding redirection of payments set forth in subsection (a) of this section.
SECTION 6.24.(c) G.S. 66‑290 reads as rewritten:
"§ 66‑290. Definitions.
As used in this Article:
…
(10) "Units sold" means the number of
individual cigarettes sold in the State by the applicable tobacco product
manufacturer (whether directly or through a distributor, retailer, or similar
intermediary or intermediaries) during the year in question, as measured by
excise taxes collected by the State on packs (or "roll‑your‑own"
tobacco containers). on which the State has authority under federal law
to impose excise or similar taxes or to collect escrow. The term does not
include cigarettes sold (i) on a federal installation in a transaction that is
exempt from state taxation under federal law or (ii) on a Native American tribe's
reservation to a consumer who is an adult enrolled member of that tribe in a
transaction that is exempt from state taxation under federal law. The
Secretary of Revenue shall promulgate such rules as are necessary to ascertain
the amount of State excise tax paid on the cigarettes of such tobacco product
manufacturer for each year. In lieu of adopting rules, the Secretary of Revenue
may issue bulletins or directives requiring taxpayers to submit to the
Department of Revenue the information necessary to make the required
determination under this subdivision."
SECTION 6.24.(d) G.S. 66‑291 reads as rewritten:
"§ 66‑291. Requirements.
…
(c) Each tobacco product manufacturer that elects to place funds into escrow pursuant to this section shall annually certify to the Attorney General that it is in compliance with this section. The Attorney General may bring a civil action on behalf of the State against any tobacco product manufacturer or joint and severally liable importer that fails to place into escrow the funds required under this section. Any tobacco product manufacturer that fails in any year to place into escrow the funds required under this section shall:
…."
SECTION 6.24.(e) G.S. 66‑293 reads as rewritten:
"§ 66‑293. Sale of certain cigarettes prohibited.
(a) Civil Penalty. – It is unlawful for a person
required to pay taxes pursuant to Part 2 or 3 of Article 2A of Chapter 105 of
the General Statutes to sell or deliver cigarettes belonging to a brand family
of a nonparticipating manufacturer if the sale of the cigarettes is subject to
such taxes unless the cigarettes are included on the compliant nonparticipating
manufacturer's list prepared and made public by the Office of the Attorney
General under G.S. 66‑294.1 as of the date the person sells or
delivers the cigarettes. It is not a violation of this subsection if the brand
family was on the compliant nonparticipating manufacturer's list when the
person purchased the cigarettes and the person sold or delivered the cigarettes
within 60 30 days of the purchase. The Attorney General may
impose a civil penalty on a person that it finds violates this subsection. The
amount of the penalty may not exceed the greater of five hundred percent (500%)
of the retail value of the cigarettes sold or five thousand dollars ($5,000).
(b) Contraband. – Cigarettes described in subsection (a) of this section are contraband and may be seized by a law enforcement officer. The procedure for seizure and disposition of this contraband is the same as the procedure under G.S. 105‑113.31 and G.S. 105‑113.32 for non‑tax‑paid cigarettes."
SECTION 6.24.(f) G.S. 66‑294(b) is amended by adding a new subdivision to read:
"§ 66‑294. Duties of manufacturers.
…
(b) Nonparticipating Manufacturers. – A nonparticipating manufacturer must:
…
(7) Notwithstanding any other provision of law, if a newly qualified nonparticipating manufacturer is to be listed in the North Carolina Tobacco Directory (the Directory), or if the Attorney General reasonably determines that any nonparticipating manufacturer who has filed a certification pursuant to G.S. 66‑291, et seq., poses an elevated risk for noncompliance with this Article, neither such nonparticipating manufacturer nor any of its brand families shall be included in the Directory unless and until such nonparticipating manufacturer, or its United States importer that undertakes joint and several liability for the manufacturer's performance in accordance with G.S. 66‑291, et seq., has posted a bond in accordance with this section.
The bond shall be posted by a corporate surety located within the United States in a form and manner acceptable to the Attorney General, or a cash equivalent posted by the nonparticipating manufacturer, in an amount equal to the greater of fifty thousand dollars ($50,000) or the greatest amount of escrow the manufacturer in either its current or predecessor form was required to deposit as a result of its highest calendar year's sales in North Carolina or greatest quarterly escrow deposit depending on the manufacturer's required escrow deposit frequency. The bond or its cash equivalent shall be posted at least 10 days in advance of each calendar year or quarter depending on the manufacturer's required escrow deposit frequency. The bond shall be written in favor of North Carolina and such bond or cash equivalent shall be conditioned on the performance by the nonparticipating manufacturer or its United States importer that undertakes joint and several liability for the manufacturer's performance in accordance with G.S. 66‑294.2, of all of its duties and obligations under this Article during the year in which the certification is filed and the next succeeding calendar year. The bond may be drawn upon by the Attorney General to cover unsatisfied escrow obligations, penalties, and any other liability under the tobacco laws of the State.
Some factors, though not exclusive, which the Attorney General may consider in determining whether any nonparticipating manufacturer or importer poses an elevated risk of noncompliance are (i) the nonparticipating manufacturer or any affiliate thereof or importer has illegally failed to satisfy an escrow obligation with respect to any state in the past; (ii) any state has removed the nonparticipating manufacturer or its brand families or an affiliate or any of the affiliate's brand families from the state's tobacco directory for noncompliance with the state's laws; (iii) any state has pending litigation against, or an unsatisfied judgment against the nonparticipating manufacturer or any affiliate thereof or importer for escrow or penalties related to noncompliance with state escrow laws; (iv) the nonparticipating manufacturer sells its cigarettes or tobacco products directly to consumers via remote or other non‑face‑to‑face means; (v) a state or federal court has determined that the nonparticipating manufacturer or importer has violated any tobacco tax or tobacco control law or engaged in unfair business practice or unfair competition; or (vi) the nonparticipating manufacturer or importer fails to submit or complete any required forms, documents, certifications or notices, in a timely manner or, to the satisfaction of the Attorney General."
SECTION 6.24.(g) G.S. 66‑294.1 reads as rewritten:
"§ 66‑294.1. Duties of Attorney General.
…
(b) Supplemental Lists. – The Office of the Attorney General must supplement the annual lists as necessary to reflect additions to or deletions of manufacturers and brand families. The Attorney General shall delete a nonparticipating manufacturer and its brand families from the list if it determines that the manufacturer fails to comply with the duties listed in G.S. 66‑294. The Attorney General must add a nonparticipating manufacturer and its brand families to the list if it determines all of the following:
(1) The nonparticipating manufacturer manufacturer,
as well as any joint and severally liable importer, has submitted an
application under G.S. 66‑294, and it is found to be complete and
accurate.
(2) The Office of the Attorney General has approved the manufacturer's escrow agreement.
(3) The manufacturer has made any past due payments owed to its escrow account for any of its listed brand families.
(4) The manufacturer has resolved any outstanding penalty demands or adjudicated penalties for its listed brand families.
…."
SECTION 6.24.(h) Part 2 of Article 37 of Chapter 66 of the General Statutes is amended by adding a new section to read:
"§ 66‑294.2 Joint and several liability of importers of cigarettes manufactured by nonparticipating manufacturers located outside the United States.
For each nonparticipating manufacturer located outside the United States, each importer into the United States of any such nonparticipating manufacturer's brand families that are or are intended to be sold in North Carolina shall bear joint and several liability with such nonparticipating manufacturer for deposit of all escrow due under this Article and payment of all penalties imposed and shall so designate in a form prepared and provided by the Attorney General and shall appoint and continually maintain a process service agent with the Secretary of State and the Office of the Attorney General."
SECTION 6.24.(i) G.S. 105‑259(b) reads as rewritten:
"§ 105‑259. Secrecy required of officials; penalty for violation.
…
(b) Disclosure Prohibited. – An officer, an employee, or an agent of the State who has access to tax information in the course of service to or employment by the State may not disclose the information to any other person except as provided in this subsection. Standards used or to be used for the selection of returns for examination and data used or to be used for determining the standards may not be disclosed for any purpose. All other tax information may be disclosed only if the disclosure is made for one of the following purposes:
…
(40a) To furnish a data clearinghouse the information required to be released in accordance with the State's agreement under the December 2012 Term Sheet Settlement, as finalized by the State in the NPM Adjustment Settlement Agreement, concerning annual tobacco product sales by a nonparticipating manufacturer. Such information released to a data clearinghouse may be released to parties to the NPM Adjustment Settlement Agreement provided confidentiality protections are agreed to by the parties and overseen and enforced by this State's applicable court for enforcement of the Master Settlement Agreement for (i) any state information constituting confidential tax information or otherwise confidential under state law and (ii) manufacturer information designated confidential. The following definitions apply in this subdivision:
a. Data clearinghouse. – Defined in the Term Sheet Settlement and in the NPM Adjustment Settlement Agreement.
b. Master Settlement Agreement. – Defined in G.S. 66‑290.
c. Nonparticipating manufacturer. – Defined in G.S. 66‑292.
d. NPM Adjustment Settlement Agreement. – The final executed settlement document resulting from the 2012 Term Sheet Settlement.
e. Participating manufacturer. – Defined in G.S. 66‑292.
f. Term Sheet Settlement. – The settlement agreement entered into in December 2012 by the State and certain participating manufacturers under the Master Settlement Agreement.
…."
Align Agency Budgets to Actual Expenditures
SECTION 6.25.(a) Elimination of Certain Vacant Positions. – Notwithstanding G.S. 143C‑6‑4, and except as otherwise provided in subsection (d) of this section, each State agency, in conjunction with the Office of State Budget and Management, shall do all of the following:
(1) Abolish all positions that have been vacant for more than 12 months as of April 17, 2015, other than those positions required to exist as part of the State's maintenance of effort requirements related to a federal grant that cannot be addressed with other State funds, or for which the Director of the Budget provides an exception, in the Director's sole discretion. This requirement shall apply regardless of the source of funding for affected positions.
(2) Fund objects or line items in the certified budget for recurring obligations that have been funded from nonrecurring sources in two or more of the previous three fiscal years. The amount funded shall not exceed the average amount expended for each object or line item during the previous three fiscal years.
(3) Fund objects or line items in the following priority order if funds generated pursuant to subdivision (1) of this subsection are insufficient to adequately fund all of the objects and line items described in subdivision (2) of this subsection:
a. Fund legal obligations of the agency that have been funded with lapsed salaries in prior years.
b. Fund operational requirements directly related to the health, safety, or well‑being of individuals in the care or custody of the State that have been funded with lapsed salaries in prior years.
c. Fund legal obligations of the agency or operational requirements directly related to the health, safety, or well‑being of individuals in the care or custody of the State that have been funded with other nonrecurring sources in prior years.
d. Fund operational deficiencies where the obligation cannot be reduced and where no other source of funding exists and failure to fund will result in operational disruptions or unfunded liabilities at fiscal year‑end.
(4) Adjust the appropriate objects or line items in the next recommended base budget submitted pursuant to G.S. 143C‑3‑5 to reflect the actions taken pursuant to this subsection.
SECTION 6.25.(b) Use of Savings. – Any General Fund savings generated pursuant to subdivision (1) of subsection (a) of this section that are not used to fund objects or line items pursuant to subdivision (2) of subsection (a) of this section shall be transferred on a nonrecurring basis by June 30, 2016, to the Savings Reserve Account established in G.S. 143C‑4‑2. Savings generated by eliminating positions funded in whole or in part from federal funds or other dedicated receipts that are not used to fund objects or line items pursuant to subdivision (2) of subsection (a) of this section shall be reflected as savings to the respective funding source.
SECTION 6.25.(c) Reporting. – No later than December 1, 2015, the Office of State Budget and Management shall report to the Fiscal Research Division on the implementation of this section. The report shall include all of the following, by budget code and fund code:
(1) A list of positions abolished pursuant to subdivision (1) of subsection (a) of this section.
(2) A list of positions that were exempted from being abolished pursuant to subdivision (1) of subsection (a) of this section.
(3) A list of objects or line items funded pursuant to subdivision (2) of subsection (a) of this section and the associated amount for each object or line item.
(4) The amount of lapsed salaries transferred to the Savings Reserve Account and used for other purposes pursuant to subsection (b) of this section.
(5) The amount and disposition of savings from the Highway Fund, federal funds, and other non‑State agency dedicated receipt sources.
(6) A list of objects or line items that were not funded because the funds generated pursuant to subdivision (1) of this subsection were insufficient.
SECTION 6.25.(d) Section Inapplicable to Certain Vacant Positions. – This section shall not apply to vacant positions (i) within the Department of Transportation or (ii) reclassified pursuant to Section 30.18(e) of this act.
Cap State Funded Portion of Nonprofit Salaries
SECTION 6.26. No more than one hundred twenty thousand dollars ($120,000) in State funds may be used for the annual salary of any individual employee of a nonprofit organization receiving State funds. For the purposes of this section, the term "State funds" means funds as defined in G.S. 143C‑1‑1(d)(25) and any interest earnings that accrue from those funds.
PART VII. INFORMATION TECHNOLOGY
SECTION 7.1. The availability used to support appropriations made in this act from the Information Technology Fund established in G.S. 147‑33.72H is as follows:
FY 2015‑2016 FY 2016‑2017
General Fund Appropriation for IT Fund $22,381,854 $22,381,854
Appropriations are made from the Information Technology Fund for the 2015‑2017 fiscal biennium as follows:
Criminal Justice Information Network $193,085 $193,085
Center for Geographic Information and Analysis $503,810 $503,810
Enterprise Security Risk Management $871,497 $871,497
Staffing and Strategic Projects $7,573,903 $7,573,903
First Net (State Match) $140,000 $140,000
Enterprise Project Management Office $1,501,234 $1,501,234
IT Strategy and Standards $865,326 $865,326
State Portal $233,510 $233,510
Process Management $398,234 $398,234
IT Consolidation $1,000,000 $1,000,000
Government Data Analytics Center $9,101,255 $9,101,255
Unless a change is approved by the State Chief Information Officer after consultation with the Office of State Budget and Management, funds appropriated to the Information Technology Fund shall be spent only as specified in this section. Changes shall not result in any degradation to the information technology operations or projects listed in this section for which the funds were originally appropriated.
Any changes to the specified uses shall be reported in writing to the chairs of the Joint Legislative Oversight Committee on Information Technology, the chair and cochair of the House Appropriations Committee on Information Technology, and the Fiscal Research Division.
INFORMATION TECHNOLOGY INTERNAL SERVICE FUND
SECTION 7.2.(a) IT Internal Service Fund. – For the 2015‑2016 fiscal year, receipts for the IT Internal Service Fund shall not exceed one hundred eighty‑one million eight hundred thirty‑five thousand nine hundred thirteen dollars ($181,835,913). For fiscal year 2016‑2017, receipts for the Internal Service Fund shall not exceed one hundred eighty‑eight million two hundred seventy‑four thousand five hundred five dollars ($188,274,505). For each year of the 2015‑2017 fiscal biennium, receipts may be increased for specific purposes to a maximum of one hundred ninety‑five million dollars ($195,000,000), following consultation with the Joint Legislative Commission on Governmental Operations each time a requirement for an increase is identified. Rates approved by the Office of State Budget and Management (OSBM) to support the IT Internal Service Fund shall be based on this fund limit. In the event the Fund exceeds the required limit, rates shall be adjusted within 30 days. The Internal Service Fund may also collect in each year of the 2015‑2017 fiscal biennium two hundred nineteen thousand seven hundred ninety‑one dollars ($219,791) to fund Workers' Compensation and up to one million five hundred forty‑nine thousand seven hundred twenty‑nine dollars ($1,549,729) over the biennium to fund FirstNet.
SECTION 7.2.(b) For the 2016‑2017 fiscal year, budget requirements and associated rates shall be developed based on actual service costs for fiscal year 2014‑2015. These budget requirements and associated rates shall be developed and reported to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division by October 1, 2015.
SECTION 7.2.(c) Receipts collected for IT Internal Service Fund services shall only be used for the specific purposes for which they were collected and are hereby appropriated for those purposes. Funds collected for information technology equipment and fixtures shall be separately maintained and accounted for by the Office of Information Technology Services, and such funds shall be used only for the replacement of the fixtures and equipment for which the funds were collected. By October 1, 2015, the Office of Information Technology Services shall report to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on the means and methods by which it is in compliance with the requirements of this subsection.
SECTION 7.2.(d) Agency Billing and Payments. – The State Chief Information Officer shall ensure that bills from the Office of Information Technology Services are easily understandable and fully transparent. If a State agency fails to pay its IT Internal Service Fund bill within 30 days of receipt, the Office of State Budget and Management may transfer funds from the agency to fully or partially cover the cost of the bill from that agency to the IT Internal Service Fund following notification of the affected agency.
SECTION 7.2.(e) Of the funds carried forward from fiscal year 2014‑2015 to fiscal year 2015‑2016, the sum of five million dollars ($5,000,000) shall be used during the 2015‑2017 fiscal biennium to offset any shortfalls in agency budgets resulting from rate increases that cause an agency to be unable to pay an IT Internal Service fund bill. The State Chief Information Officer shall ensure that the offsetting funding does not come from federal receipts that the Department of Information Technology has collected or from federal funding intended for any State program or project.
SECTION 7.2.(f) The State Chief Information Officer shall identify IT Restructuring savings of at least nine million one hundred four thousand ten dollars ($9,104,010) in fiscal year 2015‑2016 and savings of at least twenty million one hundred four thousand ten dollars ($20,104,010) in fiscal year 2016‑2017. As savings are accrued, the OSBM shall reduce the IT Internal Service Fund and agency budgets to reflect the savings, adjusting for actual indirect costs and overhead related to the savings. These accrued savings shall be used for the development of an Enterprise Resource Planning (ERP) system for the State. In order to ensure an effective implementation of the ERP system, all State agencies shall fully cooperate and coordinate with the ERP Provisional Oversight Committee, which is comprised of the Secretary of Information Technology (Chair), State Controller, and State Budget Director. All State agencies shall also fully cooperate and coordinate with any future ERP governance bodies, the Department, and the OSBM and provide data for all statewide ERP‑related activities.
SECTION 7.2.(g) Statewide information technology procurement shall be funded through a combination of administrative fees as part of the IT Supplemental Staffing contract, as well as fees charged to agencies using the services of the Statewide Information Technology Procurement Office. The Department shall provide to the OSBM a fee schedule to allow cost recovery. If an agency fails to pay for services within 30 days of billing, OSBM shall transfer the unpaid amount to the State Information Technology Procurement Office, following notification of the affected agency.
INFORMATION TECHNOLOGY RESERVE
SECTION 7.3.(a) The appropriations from the Information Technology Reserve Fund for the 2015‑2017 fiscal biennium are as follows:
FY 2015‑2016 FY 2016‑2017
Government Data Analytics Center $8,200,000 $8,200,000
Improve Efficiency and Customer
Service through IT Modernization $8,255,891 $8,183,212
NC Connect/Digital Infrastructure $429,438 $688,061 IT Restructuring $3,238,804 $2,029,509
Maintenance Management System Replacement $173,180 $129,901
Law Enforcement Information Exchange $288,474 –
SECTION 7.3.(b) Of the funds appropriated for Information Technology Modernization, the sum of five hundred fifty‑two thousand eight hundred seventy‑four dollars ($552,874) for fiscal year 2015‑2016 and five hundred twenty‑eight thousand seventy‑four dollars ($528,074) for fiscal year 2016‑2017 shall be transferred to the Department of Revenue to fund four security positions. The security positions shall include a Security Design Engineer, a Security Impact Analyst, and two Security Specialists.
SECTION 7.3.(c) The funds appropriated for Maintenance Management System Replacement shall be transferred to the Department of Administration to support the acquisition of a cloud‑based facilities management system. The system shall include core system functionality consisting of maintenance, inventory, and utility management systems. The system shall also include three additional modules for system failure alerts, automation of utility bills, and the extension of maintenance management to mobile devices.
SECTION 7.3.(d) Funds appropriated to the Information Technology Reserve Fund shall be spent only as specified in this section unless a change is approved by the State Chief Information Officer after consultation with the Office of State Budget and Management. An authorized change may not result in any degradation to the information technology operations or projects listed in this section for which the funds were originally appropriated. Any changes to the specified uses for the funds shall be reported immediately, in writing, to the chairs of the Joint Legislative Oversight Committee on Information Technology, the chairs of the House Appropriations Committee on Information Technology, and the Fiscal Research Division.
SECTION 7.3.(e) The Office of State Budget and Management shall establish a fund code for the Information Technology Reserve Fund and shall create budget codes within the fund code for each specific appropriation to the Fund. The Office of State Budget and Management shall manage the fund code separately from other funding for the Department of Information Technology as created by this act.
INFORMATION TECHNOLOGY ENTERPRISE ARCHITECTURE
SECTION 7.4.(a) By April 15, 2016, the Department of Information Technology, as enacted by this act, shall develop an information technology enterprise architecture for State government.
SECTION 7.4.(b) The completed State information technology enterprise architecture developed pursuant to this section shall be provided to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division. This architecture, along with State and agency business plans, shall be incorporated into a biennial State Information Technology Plan (State IT Plan).
department of information technology PERFORMANCE MEASURES
SECTION 7.11.(a) On or before September 1, 2015, the State Chief Information Officer shall establish specific, quantifiable performance measures for each function performed by the Department of Information Technology (Department) created by this act. These performance measures shall be based on industry standards and best practices in other states for performance of each function and shall include measurable objectives for improved performance. The objectives shall include specific time lines for achieving the performance measures and metrics for gauging intended performance. Service level agreements (SLAs) shall also be established. The Department shall post the performance measures and SLAs on the Department's Internet Web site. The Department shall provide monthly updates to its Web site to report on their progress toward achieving performance measures and report whether or not SLAs have been met for each agency during the previous month. Any plans developed by the Department shall include mitigation strategies to resolve any failure to meet established performance measures.
SECTION 7.11.(b) On or before September 1, 2015, the State Chief Information Officer shall report to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on the establishment of performance measures and SLAs. The report shall identify (i) the methodology used to determine the performance measures and SLAs, (ii) assumptions made in determining the performance measures and SLAs, (iii) potential factors that could impact the achievement of performance measures and SLAs, and (iv) the sources of statistical and cost data and processes utilized to assure accuracy.
For any month that the Department does not meet a performance measure or SLA, the Department shall report to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on the reason the performance measure or SLA was not achieved, what corrective action is being taken, and when the Department expects to achieve the performance measure or SLA.
ELECTRONIC forms and digital SIGNATURES
SECTION 7.13.(a) The State Chief Information Officer (State CIO) shall implement a digital forms program for State agencies that provides for the acquisition and use of information technologies that enable electronic review, submission, maintenance, or disclosure of information as a replacement substitute for paper documents and hardcopy forms. In developing this capability, the State shall implement a citizen‑friendly electronic forms processing solution that does all of the following:
(1) Allows form data to be saved locally and submitted electronically.
(2) Supports interactive forms on desktop and mobile devices.
(3) Enables forms to be electronically routed through a workflow.
(4) Provides for the encryption of confidential and sensitive documents.
(5) Provides for digital signatures through the use of x.509 digital certificates, where applicable, to enable and ensure submitter identity, submitted form information, and acceptance of forms terms and requirements.
If practicable, this program shall be made available to all State agencies, departments, and institutions; local political subdivisions of the State; The University of North Carolina and its constituent institutions; community colleges; and local school administrative units.
SECTION 7.13.(b) By October 1, 2015, the State CIO shall provide a completed plan for the program to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division. This plan shall include a priority list for implementing digital identities and associated certificates, specific electronic forms, a time line for each implementation, and costs associated with the program.
state Information Technology Budgeting
SECTION 7.16.(a) The Administration and Finance Division of the Department of Information Technology (DIT), as created by this act, shall work with the Office of State Budget and Management (OSBM), the Office of the State Controller, and participating agencies to institute a process to oversee and manage State agency information technology funding. This joint effort shall include implementing a process for the following:
(1) Developing State agency information technology budgets.
(2) Determining what participating and separate agency information technology funding will transition to DIT and what will remain with the agencies.
(3) Developing a plan to transfer appropriate funding to DIT in coordination with other State budget requirements.
(4) Developing rates and chargebacks for support provided to agencies.
(5) Identifying anticipated information technology cost savings.
(6) Identifying any rule or statutory changes required to facilitate information technology budgeting oversight and management.
By October 1, 2015, the OSBM and DIT shall report jointly to the Joint Legislative Oversight Committee on Information Technology and Fiscal Research Division on the development of the information technology budgeting process and any anticipated cost savings.
SECTION 7.16.(b) The OSBM and DIT shall identify anticipated information technology cost savings projected for the 2017‑2019 fiscal biennium, with documentation as to the specific sources and amounts of those savings, and shall report that information to the Joint Legislative Oversight Committee on Information Technology and Fiscal Research Division by December 1, 2015.
state agency Budgetary Transparency/expenditures Online
SECTION 7.17.(a) In coordination with the State Controller and the Office of State Budget and Management (OSBM), the State Chief Information Officer (State CIO) shall prioritize Digital Commons Information Technology Modernization funding to establish a State budget transparency Internet Web site to provide information on budget expenditures for each State agency for each fiscal year beginning 2015-2016. The Internet Web site shall be fully functional by April 1, 2016. The Internet Web site shall be user‑friendly with easy‑to‑use search features and data provided in formats that can be readily downloaded and analyzed by the public. The Internet Web site shall include budgeted amounts and actual expenditures for each agency budget code. The information provided shall include receipts and expenditures from and to all sources, including vendor payments, updated on a monthly basis.
SECTION 7.17.(b) Each State agency shall work with the State CIO, the State Controller, and the OSBM to ensure that complete and accurate budget and spending information is provided in a timely manner as directed by the State CIO. Each State agency Internet Web site shall include a hyperlink to the State's budget transparency Internet Web site.
SECTION 7.18. Notwithstanding the cash management provisions of G.S. 147‑86.11, the Department of Information Technology, as created by this act, may procure information technology goods and services for periods up to a total of three years where the terms of the procurement contracts require payment of all or a portion of the contract price at the beginning of the contract agreement. All of the following conditions shall be met before payment for these agreements may be disbursed:
(1) Any advance payment can be accomplished within the IT Internal Service Fund budget.
(2) The State Controller receives conclusive evidence that the proposed agreement would be more cost‑effective than a multiyear agreement that complies with G.S. 147‑86.11.
(3) The procurement complies in all other aspects with applicable statutes and rules.
(4) The proposed agreement contains contract terms that protect the financial interest of the State against contractor nonperformance or insolvency through the creation of escrow accounts for funds, source codes, or both, or by any other reasonable means that have legally binding effect.
The Office of State Budget and Management shall ensure the savings from any authorized agreement shall be included in the IT Internal Service Fund rate calculations before approving annual proposed rates. Any savings resulting from the agreements shall be returned to agencies included in the contract in the form of reduced rates.
information technology security/Two‑factor Authentication
SECTION 7.19.(a) The State CIO shall develop and implement a plan to provide a standardized, statewide two‑factor authentication system. Development of the plan shall be accomplished in coordination with the Criminal Justice Information Network Board of Directors. On or before January 15, 2016, the State CIO shall provide the completed two‑factor authentication plan to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division.
SECTION 7.19.(b) Funding appropriated to the Information Technology Reserve for two‑factor authentication, along with any remaining funding from prior appropriations for authentication, shall be used to support implementation of the plan.
SECTION 7.20. The Joint Legislative Oversight Committee on Information Technology shall study liability issues associated with data security in both the public and private sectors. The Committee shall report its findings and any legislative proposals pertaining to liability issues associated with data security to the General Assembly on or before April 1, 2016.
Law Enforcement Information exchange
SECTION 7.21. Funds appropriated in this act for the Law Enforcement Information Exchange shall be allocated to the Criminal Justice Information Network Board of Directors to be used to map the records management systems of law enforcement agencies in the State to allow these agencies to interface with the Law Enforcement Information Exchange.
SECTION 7.22.(a) In coordination with the Office of the State Controller (OSC) and the Office of State Budget and Management (OSBM), the Department of Information Technology (DIT) shall establish a program to plan, develop, and implement an enterprise resource planning (ERP) system for the State using funds identified from information technology restructuring savings. The funds shall be maintained at OSBM and shall be used to support the development, implementation, and operation of the ERP system.
SECTION 7.22.(b) Beginning October 1, 2015, and quarterly thereafter, the DIT, in conjunction with OSC and OSBM, shall report to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on the status of the program. The report shall include all of the following:
(1) A detailed listing of current, completed, and potential future projects.
(2) The amount of funding identified from restructuring savings since the inception of the program.
(3) The uses of the identified funding.
(4) The costs of current, completed, and potential future projects.
(5) The status of planning and implementation of each project.
(6) Identification of any issues associated with the program.
SECTION 7.23.(a) The State CIO shall develop a State broadband plan that includes:
(1) Information regarding the availability and functionality of broadband throughout the State and an evaluation of the current deployment of broadband service.
(2) A strategy to support the affordability of broadband service as well as maximum utilization of broadband infrastructure, including potential partnerships and sources of funding to support the effort.
(3) Analysis of means, methods, and best practices to establish universal broadband access across the State.
In developing the State broadband plan, the State CIO shall coordinate with other State agencies in order to maximize the effectiveness and efficiency of available resources.
SECTION 7.23.(b) For the 2015‑2017 fiscal biennium, by October 1, 2015, and then quarterly thereafter, the State CIO shall provide a report to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on the development and implementation of the State broadband plan.
state portal/economic development/Business Web site Plan
SECTION 7.24.(a) In coordination with appropriate State agencies, departments, and institutions as part of the State portal planning and development, the State Chief Information Officer (State CIO) shall develop and implement a plan to establish an Internet Web site for businesses operating, or considering operating, within North Carolina, which shall include all of the following:
(1) The capabilities necessary to complete required business transactions electronically, to include the availability of electronic forms and digital signatures.
(2) How the State CIO will ensure secure access to any and all information and services required to facilitate the operation of businesses within the State.
(3) Potential sources of funding to support the development and implementation of the Web site.
SECTION 7.24.(b) On or before December 1, 2015, the State CIO shall provide the completed plan to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division. On or before December 1, 2015, and then at least semiannually for the duration of the 2015‑2017 fiscal biennium, the State CIO shall provide progress reports regarding the establishment and use of the business Internet Web site to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division.
Agency Use of Enterprise Active Directory
SECTION 7.25. On or before July 1, 2016, all State agencies identified as principal departments under G.S. 143B‑6 shall become direct members of and shall use the Enterprise Active Directory. A principal department may submit to the State Chief Information Officer a written request to deviate from certain requirements of the Enterprise Active Directory, provided that any deviation shall be consistent with available funding and shall be subject to any terms and conditions specified by the State Chief Information Officer.
study state agency use of utility‑based computing
SECTION 7.26.(a) The Department of Information Technology (Department) shall study the use of and cost savings associated with the adoption of utility‑based cloud computing services by State agencies. For the purposes of this section, "utility‑based computing" means the process of providing computing service through an on‑demand, pay‑per‑use billing method, metering the offered services. At a minimum, the review conducted by the Department shall:
(1) Evaluate the actual and potential usefulness of commercial cloud computing services by State agencies and whether expedited transition to cloud computing would offer significant savings to State agencies.
(2) Evaluate how giving State agencies the ability to purchase information technology (IT) services in a utility‑based model would result in savings from paying for only the IT services consumed.
(3) Identify the capabilities required to implement utility‑based computing, storage, and applications, including a rate structure.
SECTION 7.26.(b) By October 1, 2015, the State Chief Information Officer shall make a written report to the Joint Legislative Oversight Committee on Information Technology on the results of the DIT review of utility‑based computing.
SECTION 7.27. For all information technology contracts that receive any State funds, State agencies and vendors shall immediately provide copies of contract documents and any subsequent amendments, modifications, or other changes upon request of the Joint Legislative Oversight Committee on Information Technology or the Fiscal Research Division.
PART VII‑A. ESTABLISH DEPARTMENT OF INFORMATION TECHNOLOGY
establish Department of Information Technology
SECTION 7A.1.(a) The Department of Information Technology is established in this Part as a single, unified cabinet‑level department that consolidates information technology functions, powers, duties, obligations, and services existing within the principal departments. Notwithstanding G.S. 143B‑9 and G.S. 143B‑10, and except as otherwise provided in this act, all information technology functions, powers, duties, obligations, and services vested in the State entities listed in G.S. 143B‑6 are transferred to, vested in, and consolidated within the Department of Information Technology. The head of the Department of Information Technology is the State Chief Information Officer, who shall be known as the State CIO. The powers and duties of the deputy chief information officers, directors, and divisions of the Department shall be subject to the direction and control of the State CIO. Upon the establishment of the Department of Information Technology, the Governor shall appoint a State CIO in accordance with G.S. 143B‑9.
SECTION 7A.1.(b) The following transfers from the Office of Information Technology Services are made to the Department of Information Technology created by this act:
(1) A Type I transfer, as defined in G.S. 143A‑6, of the:
a. Office of the State Chief Information Officer.
b. Office of Information Technology Services.
(2) A Type II transfer, as defined in G.S. 143A‑6, of the:
a. 911 Board.
b. Criminal Justice Information Network.
c. Government Data Analytics Center.
d. North Carolina Geographic Information Coordinating Council and the Center for Geographic Information and Analysis.
SECTION 7A.1.(c) G.S. 143B‑2 reads as rewritten:
"§ 143B‑2. Interim applicability of the Executive Organization Act of 1973.
The Executive Organization Act of 1973 shall be applicable only to the following named departments:
...
(11) Department of Information Technology."
SECTION 7A.1.(d) G.S. 143B‑6 reads as rewritten:
"§ 143B‑6. Principal departments.
In addition to the principal departments enumerated in the Executive Organization Act of 1971, all executive and administrative powers, duties, and functions not including those of the General Assembly and its agencies, the General Court of Justice and the administrative agencies created pursuant to Article IV of the Constitution of North Carolina, and higher education previously vested by law in the several State agencies, are vested in the following principal departments:
...
(12) Department of Information Technology."
statutory changes creating the department of information technology
SECTION 7A.2.(a) Article 3D of Chapter 147 of the General Statutes is repealed.
SECTION 7A.2.(b) Chapter 143B of the General Statutes is amended by adding a new Article to read:
"Article 14.
"Department of Information Technology.
"Part 1. General Provisions.
"§ 143B‑1300. Definitions; scope; exemptions.
(a) Definitions. – The following definitions apply in this Article:
(1) CGIA. – Center for Geographic Information and Analysis.
(2) CJIN. – Criminal Justice Information Network.
(3) Cooperative purchasing agreement. – An agreement between a vendor and one or more states or state agencies providing that the parties may collaboratively or collectively purchase information technology goods and services in order to increase economies of scale and reduce costs.
(4) Department. – The Department of Information Technology.
(5) Distributed information technology assets. – Hardware, software, and communications equipment not classified as traditional mainframe‑based items, including personal computers, local area networks, servers, mobile computers, peripheral equipment, and other related hardware and software items.
(6) Exempt agencies. – An entity designated as exempt in Part 1 of this Article.
(7) GDAC. – Government Data Analytics Center.
(8) GICC. – North Carolina Geographic Information Coordinating Council.
(9) Information technology or IT. – Set of tools, processes, and methodologies, including, but not limited to, coding and programming, data communications, data conversion, data analysis, architecture, planning, storage and retrieval, systems analysis and design, systems control, mobile applications, and associated equipment employed to collect, process, and present information to support the operation of an organization. The term also includes office automation, multimedia, telecommunications, and any personnel and support personnel required for planning and operations.
(10) Information technology security incident. – A computer‑, network‑, or paper‑based activity that results directly or indirectly in misuse, damage, denial of service, compromise of integrity, or loss of confidentiality of a network, computer, application, or data.
(11) Local government entity. – A local political subdivision of the State, including a city, a county, a local school administrative unit as defined in G.S. 115C‑5, or a community college.
(12) Participating agency. – Any agency that has transferred its information technology personnel, operations, projects, assets, and funding to the Department of Information Technology. The State CIO shall be responsible for providing all required information technology support to participating agencies.
(13) Separate agency. – Any agency that has maintained responsibility for its information technology personnel, operations, projects, assets, and funding. The agency head shall work with the State CIO to ensure that the agency has all required information technology support.
(14) State agency or agency. – Any agency, department, institution, commission, committee, board, division, bureau, office, unit, officer, or official of the State. The term does not include the legislative or judicial branches of government or The University of North Carolina.
(15) State Chief Information Officer or State CIO. – The head of the Department, who is a Governor's cabinet level officer.
(b) Exemptions. – Except as otherwise specifically provided by law, the provisions of this Chapter do not apply to the General Assembly, the Judicial Department, or The University of North Carolina and its constituent institutions. The General Assembly, the Judicial Department, or The University of North Carolina and its constituent institutions may elect to participate in the information technology programs, services, or contracts offered by the Department, including information technology procurement, in accordance with the statutes, policies, and rules of the Department. Such an election must be made in writing, as follows:
(1) For the General Assembly, by the Legislative Services Commission.
(2) For the Judicial Department, by the Chief Justice.
(3) For The University of North Carolina, by the Board of Governors.
(4) For the constituent institutions of The University of North Carolina, by the respective boards of trustees.
(c) Deviations. – Any State agency may apply in writing to the State Chief Information Officer for approval to deviate from the provisions of this Chapter. If granted by the State Chief Information Officer, any deviation shall be consistent with available appropriations and shall be subject to such terms and conditions as may be specified by the State CIO.
(d) Review. – Notwithstanding subsection (b) of this section, any State agency shall review and evaluate any deviation authorized and shall, in consultation with the Department of Information Technology, adopt a plan to phase out any deviations that the State CIO determines to be unnecessary in carrying out functions and responsibilities unique to the agency having a deviation. The plan adopted by the agency shall include a strategy to coordinate its general information processing functions with the Department of Information Technology in the manner prescribed by this act, and provide for its compliance with policies, procedures, and guidelines adopted by the Department of Information Technology. Any agency receiving a deviation shall submit its plan to the Office of State Budget and Management as directed by the State Chief Information Officer.
"§ 143B‑1301. Powers and duties of the Department; cost‑sharing with exempt entities.
(a) The Department shall have the following powers and duties:
(1) Provide information technology support to executive branch agencies.
(2) Provide such information technology support to local government entities and others, as may be required.
(3) Plan and coordinate information technology efforts with State agencies, nonprofits, and private organizations, as required.
(4) Establish a consistent process for planning, maintaining, and acquiring the State's information technology resources. This includes responsibility for developing and administering a comprehensive long‑range plan to ensure the proper management of the State's information technology resources.
(5) Develop standards and accountability measures for information technology projects, including criteria for effective project management.
(6) Set technical standards for information technology, review and approve information technology projects and budgets, establish information technology security standards, provide for the procurement of information technology resources, and develop a schedule for the replacement or modification of information technology systems.
(7) Implement enterprise procurement processes and develop metrics to support this process.
(8) Manage the information technology funding for State agencies, to include the Information Technology Fund for statewide information technology efforts and the Information Technology Internal Service Fund for agency support functions.
(9) Support, maintain, and develop metrics for the State's technology infrastructure and facilitate State agencies' delivery of services to citizens.
(10) Operate as the State enterprise organization for information technology governance.
(11) Advance the State's technology and data management capabilities.
(12) Prepare and present the Department's budget in accordance with Chapter 143C of the General Statutes, the State Budget Act.
(13) Obtain, review, and maintain, on an ongoing basis, records of the appropriations, allotments, expenditures, revenues, grants, and federal funds for each State agency for information technology.
(14) Adopt rules for the administration of the Department and implementing this Article, pursuant to the Administrative Procedures Act, Chapter 150B of the General Statutes.
(15) Require reports by State agencies, departments, and institutions about information technology assets, systems, personnel, and projects and prescribing the form of such reports.
(16) Prescribe the manner in which information technology assets, systems, and personnel shall be provided and distributed among agencies, to include changing the distribution when the State CIO determines that is necessary.
(17) Prescribe the manner of inspecting or testing information technology assets, systems, or personnel to determine compliance with information technology plans, specifications, and requirements.
(18) Submit all rates and fees for common, shared, and State government‑wide technology services provided by the Department to the Office of State Budget and Management for approval.
(19) Establish and operate centers of expertise for specific information technologies and services to serve two or more agencies on a cost‑sharing basis, if the State CIO, after consultation with the Office of State Budget and Management, decides it is advisable from the standpoint of efficiency and economy to establish these centers and services.
(20) Charge each State agency for which services are performed its proportionate part of the cost of maintaining and operating the shared centers and services, subject to approval by the Office of State Budget and Management.
(21) Require any State agency served to transfer to the Department ownership, custody, or control of information‑processing equipment, supplies, and positions required by the shared centers and services.
(22) Identify and develop projects to facilitate the consolidation of information technology equipment, support, and projects.
(23) Identify agency to serve as the lead for an enterprise effort, when appropriate.
(24) Develop performance standards for shared services in coordination with supported State agencies, and publish performance reports on the Department Web site.
(25) Adopt plans, policies, and procedures for the acquisition, management, and use of information technology resources in State agencies to facilitate more efficient and economic use of information technology in the agencies.
(26) Develop and manage career progressions and training programs to efficiently implement, use, and manage information technology resources throughout State government.
(27) Provide local government entities with access to the Department's services as authorized in this section for State agencies. Access shall be provided on the same cost basis that applies to State agencies.
(28) Support the operation of the CGIA, GICC, GDAC, CJIN, and 911 Board.
(29) Provide geographic information systems services through the Center for Geographic Information and Analysis on a cost recovery basis. The Department and the Center for Geographic Information and Analysis may contract for funding from federal or other sources to conduct or provide geographic information systems services for public purposes.
(30) Support the development, implementation, and operation of an Education Community of Practice.
(b) Cost‑Sharing with Other Branches. – Notwithstanding any other provision of law to the contrary, the Department shall provide information technology services on a cost‑sharing basis to exempt agencies, upon request.
"§ 143B‑1302. State CIO duties and Departmental administration.
(a) State CIO. – The State CIO is the head of the Department and a member of the Governor's cabinet. The State CIO shall be qualified by education and experience for the office. The State CIO shall be appointed by and serve at the pleasure of the Governor. The salary of the State CIO shall be set by the Governor. The State CIO shall receive longevity pay on the same basis as is provided to employees of the State who are subject to the North Carolina Human Resources Act.
(b) Administration. – The Department shall be managed under the administration of the State CIO. The State CIO shall have the power and duty to do all of the following:
(1) Ensure that executive branch agencies receive all required information technology support in an efficient and timely manner.
(2) Ensure that such information technology support is provided to local government entities and others, as appropriate.
(3) As required, plan and coordinate information technology efforts with State agencies, nonprofits, and private organizations.
(4) Ensure the security of State information technology systems and networks, as well as associated data, developing standardized systems and processes.
(5) Prepare and present the Department's budget in accordance with Chapter 143C of the General Statutes, the State Budget Act.
(6) Establish rates for all goods and services provided by the Department within required schedules.
(7) Identify and work to consolidate duplicate information technology capabilities.
(8) Identify and develop plans to increase State data center efficiencies, consolidating assets in State‑managed data centers.
(9) Plan for and manage State network development and operations.
(10) Centrally classify, categorize, manage, and protect the State's data.
(11) Obtain, review, and maintain, on an ongoing basis, records of the appropriations, allotments, expenditures, and revenues of each State agency for information technology.
(12) Be responsible for developing and administering a comprehensive long‑range plan to ensure the proper management of the State's information technology resources.
(13) Set technical standards for information technology, review and approve information technology projects and budgets, establish information technology security standards, provide for the procurement of information technology resources, and develop a schedule for the replacement or modification of information technology systems.
(14) Require reports by State departments, institutions, or agencies of information technology assets, systems, personnel, and projects; prescribe the form of such reports; and verify the information when the State CIO determines verification is necessary.
(15) Prescribe the manner in which information technology assets, systems, and personnel shall be provided and distributed among agencies.
(16) Establish and maintain a program to provide career management for information technology professionals.
(17) Prescribe the manner of inspecting or testing information technology assets, systems, or personnel to determine compliance with information technology plans, specifications, and requirements.
(18) Supervise and support the operations of the CGIA, GICC, GDAC, CJIN, and 911 Board.
(19) Oversee and coordinate an Education Community of Practice.
(c) Budgetary Matters. – The Department's budget shall incorporate information technology costs and anticipated expenditures of State agencies identified as principal departments in G.S. 143B‑6, together with all divisions, boards, commissions, or other State entities for which the principal departments have budgetary authority.
(d) Cost‑Sharing with Other Branches. – Notwithstanding any other provision of law, the Department shall provide information technology services on a cost‑sharing basis to the judicial branch as requested by the Chief Justice and to the General Assembly and its agencies as requested by the Legislative Services Commission.
"§ 143B‑1303. Divisions and units of the Department.
(a) The Department shall be organized into at least the following divisions and units:
(1) Statewide Information Technology Division.
(2) Shared Services Division.
(3) Administrative and Finance Division.
(b) Statewide Information Technology Division. – There is hereby created within the Department the Statewide Information Technology Division. The functions of the Statewide Information Technology Division shall include, but are not limited to, the following:
(1) Statewide strategic planning.
(2) Statewide information technology procurement.
(3) Information technology project management.
(4) Statewide information technology strategies and standards (enterprise architecture).
(5) Data analytics.
(6) Digital support to include Web support, mobile support, and social media support (State portal).
(7) Solution architecture.
(8) Requirements analysis.
(c) Shared Services Division. – There is hereby created within the Department the Shared Services Division. The Shared Services Division shall provide services to State agencies as well as local government entities on a cost recovery basis. These services include the following:
(1) Network Infrastructure.
(2) Hosting Infrastructure.
(3) Telephony and call center services.
(4) Client computing.
(5) Electronic mail.
(6) Identity Management.
(7) Quality assurance testing.
(8) Document management.
(9) Project management staffing.
(10) Primary and secondary data centers operation.
(d) Administration and Finance Division. – There is hereby created within the Department the Administration and Finance Division. The Administration and Finance Division shall provide:
(1) Financial management services, including handling the Department's budgeting, accounting, purchasing, rate‑setting, and billing functions.
(2) Agency information management, including asset management, agency IT security, billing systems, and Department‑specific tools and applications.
(3) Administrative support.
(4) Facilities management.
(5) Internal auditing.
(6) Boards administration.
(e) Education Community of Practice. – There is established an Education Community of Practice to promote collaboration and create efficiencies between and among The University of North Carolina system, the North Carolina Community Colleges System Office, the constituent institutions of the Community College System the Department of Public Instruction, and local school administrative units.
(f) Other Units. – Other units of the Department include the following:
(1) Center for Geographic Information and Analysis.
(2) Criminal Justice Information Network.
(3) Government Data Analytics Center.
(4) North Carolina 911 Board.
(5) North Carolina Geographic Information Coordinating Council.
"§ 143B‑1304. State agency information technology management; deviations for State agencies.
Each State agency shall have tools and applications specific to their respective functions in order to effectively and efficiently carry out the business of the State with respect to all of the following:
(1) Administrative support.
(2) Facilities management.
(3) Internal auditing.
(4) Boards administration.
(5) Departmental policies and procedures.
"§ 143B‑1305. Transition to Department of Information Technology.
(a) Transition Period. – During the 2015‑2016 fiscal year, the State CIO shall work with appropriate State agencies to develop a State business plan. The State CIO shall develop documentation to support the consolidation of enterprise information technology functions within the executive branch to include the following:
(1) Information technology architecture.
(2) Updated State information technology strategic plan that reflects State and agency business plans and the State information technology architecture.
(3) Information technology funding process to include standardized, transparent rates that reflect market costs for information technology requirements.
(4) Information technology personnel management.
(5) Information technology project management.
(6) Information technology procurement.
(7) Hardware configuration and management.
(8) Software acquisition and management.
(9) Data center operations.
(10) Network operations.
(11) System and data security, including disaster recovery.
(12) Establishment, implementation, and monitoring of verifiable, industry standard Department performance measures for support to both participating agencies and nonparticipating agencies available on the agency Web site.
Each plan shall include specific, quantifiable performance measures. These performance measures shall be posted on the Department's Web site. The Department's plans shall include mitigation strategies to resolve any failure to meet established performance measures. These plans shall be provided to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division by March 1, 2016.
(b) Phased Transitions. – The State CIO shall develop detailed plans for the phased transition of Principal Departments to the Department, as well as a plan that defines in detail how information technology support shall be provided to agencies that are not Principal Departments. These plans shall be coordinated, in writing, with each agency and shall address any issues unique to a specific agency.
(c) Pilot Participating Agencies. – During the 2015‑2016 fiscal year, after completion of detailed plans for each agency, the following pilot participating agencies shall transfer information technology personnel, operations, projects, assets, and appropriate funding to the Department of Information Technology:
(1) Department of Public Safety.
(2) Governor's Office.
(3) Department of Environment and Natural Resources.
(4) Office of State Budget and Management.
(5) Office of State Human Resources.
(6) Department of Cultural Resources.
(7) Department of Commerce.
After integration of the pilot participating agencies, the State CIO shall identify lessons learned during the pilot, update plans to reflect needed changes, and provide both the lessons learned documents and the updated plans to Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division. Upon successful transition of the pilot participating agencies, the State CIO may add additional agencies during the 2016‑2017 fiscal year.
(d) Final State Agencies to Transition. – During the 2016‑2017 fiscal year, all remaining principal departments shall transfer to the Department all information technology personnel, operations, projects, assets, and funding.
The State CIO shall ensure that agencies' operations are not impacted during the transition. Within 48 hours of occurrence, the State CIO and the affected agency shall report any impact on agency operations resulting from the transition to the new Department to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division.
The State CIO shall develop a plan to transition all remaining State agencies to the Department during the 2017‑2019 biennium, provided that no constitutional provision is violated by the transition.
"Part 2. Information Technology Planning, Funding, and Reporting.
"§ 143B‑1306. Planning and financing State information technology resources.
(a) The State CIO shall develop policies for agency information technology planning and financing. Agencies shall prepare and submit such plans as required in this section.
(1) The Department shall analyze the State's legacy information technology systems and develop a plan to document the needs and costs for replacement systems, as well as determining and documenting the time frame during which State agencies can continue to efficiently use legacy information technology systems, resources, security, and data management to support their operations. The plan shall include an inventory of legacy applications and infrastructure, required capabilities not available with the legacy system, the process, time line, and cost to migrate from legacy environments, and any other information necessary for fiscal or technology planning. The State CIO shall have the authority to prioritize the upgrade and replacement of legacy systems. Agencies shall provide all requested documentation to validate reporting on legacy systems and shall make the systems available for inspection by the Department.
(2) The State CIO shall develop a biennial State Information Technology Plan (Plan).
(3) The State CIO shall develop and periodically update a long‑range State Information Technology Plan that forecasts, at a minimum, the needs of State agencies for the next 10 years.
(4) The State CIO shall develop one or more strategic plans for information technology. The State CIO shall determine whether strategic plans are needed for any agency and shall consider an agency's operational needs, functions, and capabilities when making such determinations.
(b) The biennial State Information Technology Plan shall be transmitted to the General Assembly in conjunction with the Governor's budget of each regular session. The Plan shall include the following elements:
(1) Anticipated requirements for information technology support over the next five years.
(2) An inventory of current information technology assets and major projects. As used in this subdivision, the term "major project" includes projects costing more than five hundred thousand dollars ($500,000) to implement.
(3) Significant unmet needs for information technology resources over a five‑year time period. The Plan shall rank the unmet needs in priority order according to their urgency.
(4) A statement of the financial requirements, together with a recommended funding schedule for major projects in progress or anticipated for approval during the upcoming fiscal biennium.
(5) An analysis of opportunities for statewide initiatives that would yield significant efficiencies or improve effectiveness in State programs.
(c) Each participating agency shall actively participate in preparing, testing, and implementing an information technology plan required under subsection (b) of this section. Separate agencies shall prepare biennial information technology plans including the requirements listed in subsection (b) and transmit these plans to the State CIO by October 1 of each even‑numbered year. Agencies shall provide all financial information to the State CIO necessary to determine full costs and expenditures for information technology assets and resources provided by the agencies or through contracts or grants. The Department shall consult with and assist State agencies in the preparation of these plans; shall provide appropriate personnel or other resources to the principal departments identified in G.S. 143B‑6; and to Council of State agencies upon request pursuant to Part 3, Shared Information Technology Services, of this Article. Plans shall be submitted to the State CIO of Information Technology by October 1 of each even‑numbered year.
"§ 143B‑1307. Business continuity planning.
The State CIO shall oversee the manner and means by which information technology business and disaster recovery plans for the State agencies are created, reviewed, and updated. Each State agency shall establish a disaster recovery planning team to work with the Department, or other resources designated by the State CIO, to develop the disaster recovery plan and to administer implementation of the plan. In developing the plan, all of the following shall be completed:
(1) Consider the organizational, managerial, and technical environments in which the disaster recovery plan must be implemented.
(2) Assess the types and likely parameters of disasters most likely to occur and the resultant impacts on the agency's ability to perform its mission.
(3) List protective measures to be implemented in anticipation of a natural or man‑made disaster.
(4) Determine whether the plan is adequate to address information technology security incidents.
Each State agency shall submit its disaster recovery plan to the State CIO on an annual basis and as otherwise requested by the State CIO.
"§ 143B‑1308. Information Technology Fund.
There is established a special revenue fund to be known as the Information Technology Fund, which may receive transfers or other credits as authorized by the General Assembly. Money may be appropriated from the Information Technology Fund to support the operation and administration that meet statewide requirements, including planning, project management, security, electronic mail, State portal operations, early adoption of enterprise efforts, and the administration of systemwide procurement procedures. Funding for principal agency information technology projects shall be appropriated to the Information Technology Fund and may be reallocated by the State CIO, if appropriate, following coordination with the impacted agencies and written approval by the Office of State Budget and Management. Any redirection of agency funds shall immediately be reported to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division with a detailed explanation of the reasons for the redirection. Expenditures involving funds appropriated to the Department from the Information Technology Fund shall be made by the State CIO. Interest earnings on the Information Technology Fund balance shall be credited to the Information Technology Fund.
"§ 143B‑1309. Internal Service Fund.
(a) The Internal Service Fund is established within the Department as a fund to provide goods and services to State agencies on a cost‑recovery basis. The Department shall establish fees for subscriptions and chargebacks for consumption‑based services. The State CIO shall establish and annually update consistent, fully transparent, easily understandable fees and rates that reflect industry standards for any good or service for which an agency is charged. These fees and rates shall be prepared by October 1 and shall be approved by the Office of State Budget and Management. The Office of State Budget and Management shall ensure that State agencies have the opportunity to adjust their budgets based on any rate or fee changes prior to submission of those budget recommendations to the General Assembly. The approved Information Technology Internal Service Fund budget and associated rates shall be included in the Governor's budget recommendations to the General Assembly.
(b) Receipts shall be used solely for the purpose for which they were collected. Any uses of the Information Technology Internal Service Fund not specifically related to providing receipt‑supported services to State agencies shall immediately be reported to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division.
(c) In coordination with the Office of the State Controller and the Office of State Budget Management, the State CIO shall ensure processes are established to manage federal receipts, maximize those receipts, and ensure that federal receipts are correctly utilized. By September 1 of each year, the State CIO shall certify that federal receipts for participating agency information technology programs have been properly used during the previous State fiscal year.
"§ 143B‑1310. Information technology reporting.
The State CIO shall report to the Joint Legislative Oversight Committee on Information Technology and to the Fiscal Research Division regarding the Information Technology Fund, the Internal Service Fund, and any Information Technology Reserve Fund on a quarterly basis, no later than the first day of the second month following the end of the quarter. The report shall include current cash balances, line‑item detail on expenditures from the previous quarter, and anticipated expenditures and revenues over the next year, by quarter. The State CIO shall report to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on expenditures for the upcoming quarter, projected year‑end balance, and the status report on personnel position changes, including new positions created and existing positions eliminated. Spending reports shall comply with the State Accounting System object codes.
"§ 143B‑1311. Financial reporting and accountability for information technology investments and expenditures.
The Department, along with the Office of State Budget and Management and the Office of the State Controller, shall develop processes for budgeting and accounting of expenditures for information technology operations, services, projects, infrastructure, and assets for State agencies, notwithstanding any deviations permitted pursuant to G.S. 143B‑1303(b) or G.S. 143B‑1303(c). The budgeting and accounting processes may include hardware, software, personnel, training, contractual services, and other items relevant to information technology, and the sources of funding for each. Annual reports regarding information technology shall be coordinated by the Department with the Office of State Budget and Management and the Office of the State Controller and submitted to the Governor and the General Assembly on or before October 1 of each year.
The State CIO shall not enter into any information technology contracts requiring agency financial participation without obtaining written agreement from participating agencies regarding apportionment of the contract costs.
The State CIO shall review the information technology budgets for principal departments and shall recommend appropriate adjustments to support requirements identified by the State CIO.
"§ 143B‑1312. Information technology human resources.
(a) The State CIO may appoint all employees of the Department of Information Technology necessary to carry out the powers and duties of the Department. All employees of the Department are under the supervision, direction, and control of the State CIO, who may assign any function vested in his or her office to any subordinate employee of the Department.
(b) The State CIO may appoint a deputy State CIO for each of the three divisions within the Department, each of whom shall be under the control and direction of the State CIO. The salaries of the deputy secretaries shall be set by the State CIO. The State CIO and the deputy secretaries are exempt from the North Carolina Human Resources Act.
(c) Subject to approval of the Governor and limitations of G.S. 126‑5, the State CIO may appoint or designate additional managerial and policymaking positions, including, but not limited to, the chief financial officer, and general counsel, who shall be exempt from the North Carolina Human Resources Act.
(d) The State CIO shall establish a detailed, standardized, systemic plan for the transition of participating agency personnel to the new organization. This shall include the following:
(1) Documentation of current information technology personnel requirements.
(2) An inventory of current agency information technology personnel and their skills.
(3) Analysis and documentation of the gaps between current personnel and identified requirements.
(4) An explanation of how the Department plans to fill identified gaps.
(5) The Department's plan to eliminate positions no longer required.
(6) The Department's plan for employees whose skills are no longer required.
For each person to be transferred, the State CIO shall identify a designated position with a job description, determine the cost for the position, identify funding sources, and establish a standardized rate.
(e) Participating agency information technology personnel performing information technology functions shall be moved to the Department. The State CIO shall consolidate participating agency information technology personnel following the time line established in this Article once a detailed plan has been developed for transitioning the personnel to the new agency.
(f) The State CIO shall establish standard information technology career paths for both management and technical tracks, including defined qualifications, career progression, training requirements, and appropriate compensation. For information technology procurement professionals, the State CIO shall establish a career path that includes defined qualifications, career progression, training requirements, and appropriate compensation. These career paths shall be documented by December 1, 2015, and shall be provided to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division by December 1, 2015. The career paths shall be updated on an annual basis.
(g) The State CIO may, subject to the provisions of G.S. 147‑64.7(b)(2), obtain the services of independent public accountants, qualified management consultants, and other professional persons or experts to carry out the powers and duties of this Article, if the Department does not have any personnel qualified to perform the function for which the professionals would be engaged and if the requirement has been included in the Department's budget for the year in which the services are required.
(h) Criminal Records Checks. – The State CIO shall require background investigations of any employee or prospective employee, including a criminal history record check, which may include a search of the State and National Repositories of Criminal Histories based on the person's fingerprints. A criminal history record check shall be conducted by the State Bureau of Investigation upon receiving fingerprints and other information provided by the employee or prospective employee. If the employee or prospective employee has been a resident of the State for less than five years, the background report shall include a review of criminal information from both the State and National Repositories of Criminal Histories. The criminal background report shall be provided to the State CIO and is not a public record under Chapter 132 of the General Statutes.
"Part 3. Information Technology Projects and Management.
"§ 143B‑1318. Project Management.
(a) Overall Management. – All information technology projects shall be managed through a standardized, fully documented process established and overseen by the State CIO. The State CIO shall be responsible for ensuring that participating agency information technology projects are completed on time, within budget, and meet all defined business requirements upon completion. For separate agency projects, the State CIO shall ensure that projects follow the Department's established process and shall monitor schedule, budget, and adherence to business requirements. For all projects, the State CIO shall establish procedures to limit the need for change requests and shall report on this process to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division by October 1, 2015. The State CIO shall also ensure that agency information technology project requirements are documented in biennial information technology plans. If an agency updates a biennial information technology plan to add a new project, the State CIO shall immediately report to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on the reasons for the new requirement, the costs, and the sources of funding.
(b) Project Review and Approval. – The State CIO shall review, approve, and monitor all information technology projects for State agencies and shall be responsible for the efficient and timely management of all information technology projects for participating agencies. Project approval may be granted upon the State CIO's determination that the project conforms to project management procedures and policies, does not duplicate a capability already existing in the State, conforms to procurement rules and policies, and that sufficient funds are available.
(c) Project Implementation. – No State agency, unless expressly exempt within this Article, shall proceed with an information technology project until the State CIO approves the project. If a project is not approved, the State CIO shall specify in writing to the agency the grounds for denying the approval. The State CIO shall provide this information to the agency and the Office of State Budget and Management within five business days of the denial.
(d) Suspension of Approval/Cancellation of Projects. – The State CIO of Information Technology may suspend the approval of, or cancel, any information technology project that does not continue to meet the applicable quality assurance standards. The State CIO shall immediately suspend approval of, or cancel, any information technology project that is initiated without State CIO approval. Any project suspended or cancelled because of lack of State CIO approval cannot proceed until it completes all required project management documentation and meets criteria established by the State CIO for project approval, to include a statement from the State CIO that the project does not duplicate capabilities that already exist within the executive branch. If the State CIO suspends or cancels a project, the State CIO shall specify in writing to the agency the grounds for suspending or cancelling the approval. The State CIO shall provide this information to the agency within five business days of the suspension.
The Department shall report any suspension or cancellation immediately to the Office of the State Controller, the Office of State Budget and Management, the Joint Legislative Oversight Committee on Information Technology, and the Fiscal Research Division. The Office of State Budget and Management shall not allow any additional expenditure of funds for a project that is no longer approved by the State CIO of Information Technology.
(e) General Quality Assurance. – Information technology projects authorized in accordance with this Article shall meet all project standards and requirements established under this Part.
(f) Performance Contracting. – All contracts between the State and a private party for information technology projects shall include provisions for vendor performance review and accountability, contract suspension or termination, and termination of funding. The State CIO may require that these contract provisions include a performance bond, monetary penalties, or require other performance assurance measures for projects that are not completed within the specified time period or that involve costs in excess of those specified in the contract. The State CIO may utilize cost‑savings realized on government vendor partnerships as performance incentives for an information technology vendor.
(g) Notwithstanding the provisions of G.S. 114‑2.3, any State agency developing and implementing an information technology project with a total cost of ownership in excess of five million dollars ($5,000,000) may be required by the State CIO to engage the services of private counsel or subject matter experts with the appropriate information technology expertise. The private counsel or subject matter expert may review requests for proposals; review and provide advice and assistance during the evaluation of proposals and selection of any vendors; and review and negotiate contracts associated with the development, implementation, operation, and maintenance of the project. This requirement may also apply to information technology programs that are separated into individual projects, if the total cost of ownership for the overall program exceeds five million dollars ($5,000,000).
"§ 143B‑1319. Project management standards.
(a) The State CIO shall establish standardized documentation requirements for agency projects to include requests for proposal and contracts. The State CIO shall establish standards for project managers and project management assistants. The State CIO shall develop performance measures for project reporting and shall make this reporting available through a publicly accessible Web site.
(b) Participating Agency Responsibilities. – The State CIO shall designate a Project Manager who shall select qualified personnel from the Department staff to participate in IT project management, implementation, testing, and other activities for any information technology project. The Project Manager shall provide periodic reports to the project management assistant assigned to the project by the State CIO under subsection (b) of this section. The reports shall include information regarding the agency's business requirements, applicable laws and regulations, project costs, issues related to hardware, software, or training, projected and actual completion dates, and any other information related to the implementation of the information technology project.
(c) Separate Agency Responsibilities. – Each agency shall provide for one or more project managers who meet the applicable quality assurance standards for each information technology project that is subject to approval by the State CIO. Each project manager shall be subject to the review and approval of the State CIO. Each agency project manager shall provide periodic reports to the project management assistant assigned to the project by the State CIO under this subsection. The reports shall include information regarding project costs, issues related to hardware, software, or training, projected and actual completion dates, and any other information related to the implementation of the information technology project.
(d) State CIO Responsibilities. – The State CIO of Information Technology shall provide a project management assistant from the Department for any approved separate agency project, whether the project is undertaken in single or multiple phases or components. The State CIO may designate a project management assistant for any other information technology project.
The project management assistant shall advise the agency with the initial planning of a project, the content and design of any request for proposals, contract development, procurement, and architectural and other technical reviews. The project management assistant shall also monitor progress in the development and implementation of the project and shall provide status reports to the agency and the State CIO of Information Technology, including recommendations regarding continued approval of the project.
The State CIO shall establish a clearly defined, standardized process for project management that includes timelines for completion of process requirements for both the Department and agencies. The State CIO shall also establish reporting requirements for information technology projects, both during the planning, development, and implementation process, and following completion of the project. The State CIO shall continue to monitor system performance and financial aspects of each project after implementation and shall report to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division when there is more than a five percent (5%) variance in a completed project's operations and maintenance costs or if a project does not provide the forecasted return on investment. The State CIO shall also monitor any certification process required for State information technology projects and shall immediately report any issues associated with certification processes to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division.
"§ 143B‑1320. Dispute resolution.
(a) Agency Request for Review. – In any instance where the State CIO has denied or suspended the approval of an information technology project, has cancelled the project, or has denied an agency's request for deviation, the affected State agency may request that the Governor review the State CIO's decision. The agency shall submit a written request for review to the Governor within 15 working days following the agency's receipt of the State CIO's written grounds for denial, suspension, or cancellation. The agency's request for review shall specify the grounds for its disagreement with the State CIO's determination. The agency shall include with its request for review a copy of the State CIO's written grounds for denial or suspension.
(b) Review Process. – The Governor shall review the information provided and may request additional information from either the agency or the State CIO. The Governor may affirm, reverse, or modify the decision of the State CIO, or may remand the matter back to the State CIO for additional findings. Within 30 days after initial receipt of the agency's request for review, the Governor shall notify the agency and the State CIO of the decision in the matter. The notification shall be in writing and shall specify the grounds for the Governor's decision.
The Governor may reverse or modify a decision of the State CIO when the Governor finds the decision of the State CIO is unsupported by substantial evidence that the agency project fails to meet one or more standards of efficiency and quality of State government information technology as required under this Article.
"§ 143B‑1321. Standardization.
The State CIO shall establish consistent standards for the purchase of agency hardware and software that reflect identified, documented agency needs.
"§ 143B‑1322. Legacy applications.
Legacy applications shall be moved to the Department once a detailed plan, coordinated with the impacted agencies, is in place for the successful transition of a specific application to the Department. The State CIO must provide a written statement that the Department is prepared to assume responsibility for the application and that there will be no issues with service during the transition. A copy of this statement shall be forwarded to the Review Committee, the Joint Legislative Oversight Committee on Information Technology, and the Fiscal Research Division prior to the transition of an application.
The Department shall identify situations where multiple agencies are using legacy systems with similar capabilities and shall prepare plans to consolidate these systems. Initial identification of similar capabilities shall be reported to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division by March 1, 2016. The initial report shall include a schedule for the consolidation. The report shall also include the costs for operating and maintaining the current systems, the estimated costs for an enterprise replacement system, and the operations and maintenance costs associated with an enterprise system.
"Part 4. Information Technology Procurement.
"§ 143B‑1323. Procurement of information technology.
(a) The State CIO is responsible for establishing policies and procedures for information technology procurement for State agencies.
Notwithstanding any other provision of law, the Department shall procure all information technology goods and services for participating agencies and shall approve information technology procurements for separate agencies. The State CIO may cancel or suspend any agency information technology procurement that occurs without State CIO approval. If an agency procures information technology goods or services without State CIO approval, the agency shall be responsible for identifying a funding source that is not associated with information technology fund codes.
(b) The Department shall integrate technological review, current availability of the capability, cost analysis, and procurement for all information technology needs of State agencies in order to make procurement and implementation of technology more responsive, efficient, and cost‑effective. G.S. 143‑135.9 shall apply to information technology procurements.
(c) The Department shall, subject to the provisions of this Part, do all of the following with respect to State information procurement:
(1) Purchase or contract for all information technology for participating State agencies.
(2) Approve all technology purchases for separate agencies.
(3) Establish standardized, consistent processes, specifications, and standards that shall apply to all information technology to be purchased, licensed, or leased by State agencies and relating to information technology personal services contract requirements for State agencies, including, but not limited to, requiring convenience contracts to be rebid prior to termination without extensions.
(4) Establish procedures to permit State agencies and local government entities to use the General Services Administration (GSA) Cooperative Purchasing Program to purchase information technology (i) awarded under General Services Administration Supply Schedule 70 Information Technology and (ii) from contracts under the GSA's Consolidated Schedule containing information technology special item numbers.
(5) Establish procedures to permit State agencies and local government entities to use other cooperative purchasing agreements.
(6) Comply with the State government‑wide technical architecture, as required by the State CIO.
(7) Utilize the purchasing benchmarks established by the State CIO of Administration pursuant to G.S. 143‑53.1.
(8) Provide strategic sourcing resources and detailed, documented planning to compile and consolidate all estimates of information technology goods and services needed and required by State agencies.
(9) Develop a process to provide a question and answer period for vendors prior to procurements.
(d) Each State agency, separate agency, and participating agency shall furnish to the State CIO when requested, and on forms as prescribed, estimates of all information technology goods and services needed and required by such department, institution, or agency for such periods in advance as may be designated by the State CIO. In addition to the report required, all departments, institutions, or agencies of the State government shall furnish to the State CIO when requested, and on forms as prescribed, actual expenditures for all goods and services needed and required by the department, institution, or agency for such periods after the expenditures have been made as may be designated by the State CIO.
(e) Confidentiality. – Contract information compiled by the Department shall be made a matter of public record after the award of contract. Trade secrets, test data, similar proprietary information, and security information protected under G.S. 132‑6.1(c) or other law shall remain confidential.
(f) Electronic Procurement. – The State CIO may authorize the use of the electronic procurement system established by G.S. 143‑48.3, or other systems, to conduct reverse auctions and electronic bidding. For purposes of this Part, "reverse auction" means a real‑time purchasing process in which vendors compete to provide goods or services at the lowest selling price in an open and interactive electronic environment. The vendor's price may be revealed during the reverse auction. The Department may contract with a third‑party vendor to conduct the reverse auction. "Electronic bidding" means the electronic solicitation and receipt of offers to contract. Offers may be accepted and contracts may be entered by use of electronic bidding. All requirements relating to formal and competitive bids, including advertisement, seal, and signature, are satisfied when a procurement is conducted or a contract is entered in compliance with the reverse auction or electronic bidding requirements established by the Department.
(g) Bulk Purchasing. – The State CIO shall establish efficient, responsive procedures for the procurement of information technology. The procedures may include aggregation of hardware purchases, the use of formal bid procedures, restrictions on supplemental staffing, enterprise software licensing, hosting, and multi‑year maintenance agreements. The State CIO may require agencies to submit information technology procurement requests on a regularly occurring schedule each fiscal year in order to allow for bulk purchasing.
(h) All offers to contract, whether through competitive bidding or other procurement method, shall be subject to evaluation and selection by acceptance of the most advantageous offer to the State. Evaluation shall include best value, as the term is defined in G.S. 143‑135.9(a)(1); compliance with information technology project management policies, compliance with information technology security standards and policies, substantial conformity with the specifications and other conditions set forth in the solicitation.
(i) Exceptions. – In addition to permitted waivers of competition, the requirements of competitive bidding shall not apply to information technology contracts and procurements:
(1) In cases of pressing need or emergency arising from a security incident.
(2) In the use of master licensing or purchasing agreements governing the Department's acquisition of proprietary intellectual property.
Any exceptions shall immediately be reported to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division.
(j) Information Technology Innovation Center. – The Department may operate a State Information Technology Innovation Center (iCenter) to develop and demonstrate technology solutions with potential benefit to the State and its citizens. The iCenter may facilitate the piloting of potential solutions to State technology requirements. In operating the iCenter, the State CIO shall ensure that all State laws, rules, and policies are followed.
Vendor participation in the iCenter shall not be construed to (i) create any type of preferred status for vendors or (ii) abrogate the requirement that agency and statewide requirements for information technology support, including those of the Department, are awarded based on a competitive process that follows information technology procurement guidelines.
"§ 143B‑1324. Restriction on State agency contractual authority with regard to information technology.
(a) All State agencies covered by this Article shall use contracts for information technology to include enterprise licensing agreements and convenience contracts established by the Department. The State CIO shall consult the agency heads and Agency Information Technology Leaders prior to the initiation of any enterprise project or contract. Notwithstanding any other statute, the authority of State agencies to procure or obtain information technology shall be subject to compliance with the provisions of this Part.
(b) Notwithstanding any other provision of law, local governmental entities may use the information technology programs, services, or contracts offered by the Department, including information technology procurement, in accordance with the statutes, policies, and rules of the Department.
Local governmental entities are not required to comply with otherwise applicable competitive bidding requirements when using contracts established by the Department.
Any other State entities exempt from Part 3 or Part 5 of this Article may also use the information technology programs, services, or contracts offered by the Department, including information technology procurement, in accordance with the statutes, policies, and rules of the Department.
"§ 143B‑1325. Unauthorized use of public purchase or contract procedures for private benefit prohibited.
(a) It is unlawful for any person, by the use of the powers, policies, or procedures described in this Part or established hereunder, to purchase, attempt to purchase, procure, or attempt to procure any property or services for private use or benefit.
(b) This prohibition shall not apply if:
(1) The State agency through which the property or services are procured had theretofore established policies and procedures permitting such purchases or procurement by a class or classes of persons in order to provide for the mutual benefit of such persons and the department, institution, or agency involved, or the public benefit or convenience; and
(2) Such policies and procedures, including any reimbursement policies, are complied with by the person permitted thereunder to use the purchasing or procurement procedures described in this Part or established thereunder.
(c) Any violation of this section is a Class 1 misdemeanor.
(d) Any employee or official of the State who violates this Part shall be liable to the State to repay any amount expended in violation of this Part, together with any court costs.
"§ 143B‑1326. Financial interest of officers in sources of supply; acceptance of bribes.
Neither the State CIO, any deputy State CIO, or any other policy‑making or managerially exempt personnel shall be financially interested, or have any personal beneficial interest, either directly or indirectly, in the purchase of, or contract for, any information technology, nor in any firm, corporation, partnership, or association furnishing any information technology to the State government, or any of its departments, institutions, or agencies, nor shall any of these persons or any other Department employee accept or receive, directly or indirectly, from any person, firm, or corporation to whom any contract may be awarded, by rebate, gifts, or otherwise, any money or anything of value whatsoever, or any promise, obligation, or contract for future reward or compensation. Violation of this section is a Class F felony, and any person found guilty of a violation of this section shall, upon conviction, be removed from State office or employment.
"§ 143B‑1327. Certification that information technology bid submitted without collusion.
The State CIO shall require bidders to certify that each bid on information technology contracts overseen by the Department is submitted competitively and without collusion. False certification is a Class I felony.
"§ 143B‑1328. Award review.
(a) When the dollar value of a contract for the procurement of information technology equipment, materials, and supplies exceeds the benchmark established by G.S. 143B‑1317, an award recommendation shall be submitted to the State CIO of Information Technology for approval or other action. The State CIO shall promptly notify the agency or institution making the recommendation, or for which the purchase is to be made, of the action taken.
(b) Prior to submission for review pursuant to this section for any contract for information technology being acquired for the benefit of an agency authorized to deviate from this Article pursuant to G.S. 143B‑1302(b), the State CIO shall review and approve the procurement to ensure compliance with the established processes, specifications, and standards applicable to all information technology purchased, licensed, or leased in State government, including established procurement processes, and compliance with the State government‑wide technical architecture and standards established by the State CIO.
(c) The State CIO shall provide a report of all contract awards approved through the Statewide Procurement Office as indicated below. The report shall include the amount of the award, the contract term, the award recipient, the using agency, and a short description of the nature of the award, as follows:
(1) For contract awards greater than twenty‑five thousand dollars ($25,000), to the cochairs of the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on a monthly basis.
(2) For all contract awards outside the established purchasing system, to the Department of Administration, Joint Legislative Oversight Committee on Information Technology, and Fiscal Research Division on a quarterly basis.
"§ 143B‑1329. Attorney General contract assistance.
At the request of the State CIO, the Attorney General shall provide legal advice and services necessary to implement this Part.
"§ 143B‑1330. Purchase of certain computer equipment and televisions by State agencies and governmental entities prohibited.
(a) No State agency, local political subdivision of the State, or other public body shall purchase computer equipment or televisions, as defined in G.S. 130A‑309.131, or enter into a contract with any manufacturer that the State CIO determines is not in compliance with the requirements of G.S. 130A‑309.134 or G.S. 130A‑309.135 as determined from the list provided by the Department of Environment and Natural Resources pursuant to G.S. 130A‑309.138. The State CIO shall issue written findings upon a determination of noncompliance. A determination of noncompliance by the State CIO is reviewable under Article 3 of Chapter 150B of the General Statutes.
(b) The Department shall make the list available to local political subdivisions of the State and other public bodies. A manufacturer that is not in compliance with the requirements of G.S. 130A‑309.134 or G.S. 130A‑309.135 shall not sell or offer for sale computer equipment or televisions to the State, a local political subdivision of the State, or other public body.
"§ 143B‑1331. Refurbished computer equipment purchasing program.
(a) The Department of Information Technology and the Department of Administration, with the administrative support of the Information Technology Strategic Sourcing Office, shall offer State and local governmental entities the option of purchasing refurbished computer equipment from registered computer equipment refurbishers whenever most appropriate to meet the needs of State and local governmental entities.
(b) State and local governmental entities shall document savings resulting from the purchase of the refurbished computer equipment, including, but not limited to, the initial acquisition cost as well as operations and maintenance costs. These savings shall be reported quarterly to the Department of Information Technology.
(c) The Information Technology Strategic Sourcing Office shall administer the refurbished computer equipment program by establishing a competitive purchasing process to support this initiative that meets all State information technology procurement laws and procedures and ensures that agencies receive the best value.
(d) Participating computer equipment refurbishers must meet all procurement requirements established by the Department of Information Technology and the Department of Administration.
"§ 143B‑1332. Configuration and specification requirements same as for new computers.
Refurbished computer equipment purchased under this act must conform to the same standards as the State may establish as to the configuration and specification requirements for the purchase of new computers.
"§ 143B‑1333. Data on reliability and other issues; report.
The Department of Information Technology shall maintain data on equipment reliability, potential cost‑savings, and any issues associated with the refurbished computer equipment initiative and shall report the results of the initiative to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division by March 1, 2016, and then quarterly thereafter.
"§ 143B‑1334. Information technology procurement policy; reporting requirements.
(a) Policy. – In order to further the policy of the State to encourage and promote the use of small, minority, physically handicapped, and women contractors in State purchasing of goods and services, all State agencies shall cooperate with the Department in efforts to encourage the use of small, minority, physically handicapped, and women contractors in achieving the purposes of this Article, which is to provide for the effective and economical acquisition, management, and disposition of information technology.
(b) Bids. – A vendor submitting a bid shall disclose in a statement, provided contemporaneously with the bid, where services will be performed under the contract sought, including any subcontracts and whether any services under that contract, including any subcontracts, are anticipated to be performed outside the United States. Nothing in this section is intended to contravene any existing treaty, law, agreement, or regulation of the United States. The State CIO shall retain the statements required by this subsection regardless of the State entity that awards the contract and shall report annually to the Secretary of Administration on the number of contracts which are anticipated to be performed outside the United States.
(c) Reporting. – Every State agency that makes a direct purchase of information technology using the services of the Department shall report directly to the Department of Administration all information required by G.S. 143‑48(b).
(d) Data from Department of Administration. – The Department of Administration shall collect and compile the data described in this section and report it annually to the Department of Information Technology, the Joint Legislative Oversight Committee on Information Technology, and the Fiscal Research Division.
"Part 5. Data Centers.
"§ 143B‑1335. Data centers.
(a) The State CIO shall create an inventory of data center operations in the executive branch and shall develop and implement a detailed, written plan for consolidation of agency data centers in the most efficient manner possible. By May 1, 2016, the State CIO shall present a report on the data center consolidation plan to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division.
(b) State agencies shall use the State infrastructure to host their projects, services, data, and applications. The State Chief Information Officer may grant an exception if the State agency can demonstrate any of the following:
(1) Using an outside contractor would be more cost‑effective for the State.
(2) The Department does not have the technical capabilities required to host the application.
(3) Valid security requirements preclude the use of State infrastructure, and a vendor can provide a more secure environment.
"Part 6. Communications and Portal Services.
"§ 143B‑1336. Communications services.
(a) The State CIO shall exercise authority for telecommunications and other communications included in information technology relating to the internal management and operations of State agencies. In discharging that responsibility, the State CIO shall do the following:
(1) Develop standards for a State network.
(2) Develop a detailed plan for the standardization and operation of State communications networks and services.
(3) Establish an inventory of communications systems in use within the State and ensure that the State is using the most efficient and cost‑effective means possible.
(4) Identify shortfalls in current network operations and develop a strategy to mitigate the identified shortfalls.
(5) Provide for the establishment, management, and operation, through either State ownership, by contract, or through commercial leasing, of the following systems and services as they affect the internal management and operation of State agencies:
a. Central telephone systems and telephone networks, including Voice over Internet Protocol and Commercial Mobile Radio Systems.
b. Satellite services.
c. Closed‑circuit TV systems.
d. Two‑way radio systems.
e. Microwave systems.
f. Related systems based on telecommunication technologies.
g. The "State Network," managed by the Department, which means any connectivity designed for the purpose of providing Internet Protocol transport of information to any building.
h. Broadband.
(6) Coordinate the development of cost‑sharing systems for respective user agencies for their proportionate parts of the cost of maintenance and operation of the systems and services listed in subdivision (1) of this subsection.
(7) Assist in the development of coordinated telecommunications services or systems within and among all State agencies and recommend, where appropriate, cooperative utilization of telecommunication facilities by aggregating users.
(8) Perform traffic analysis and engineering for all telecommunications services and systems listed in subdivision (1) of this subsection.
(9) Establish telecommunications specifications and designs so as to promote and support compatibility of the systems within State agencies.
(10) Provide a periodic inventory of telecommunications costs, facilities, systems, and personnel within State agencies.
(11) Promote, coordinate, and assist in the design and engineering of emergency telecommunications systems, including, but not limited to, the 911 emergency telephone number program, Emergency Medical Services, and other emergency telecommunications services.
(12) Perform frequency coordination and management for State agencies and local governments, including all public safety radio service frequencies, in accordance with the rules and regulations of the Federal Communications Commission or any successor federal agency.
(13) Advise all State agencies on telecommunications management planning and related matters and provide through the State Personnel Training Center or the Department training to users within State agencies in telecommunications technology and systems.
(14) Assist and coordinate the development of policies and long‑range plans, consistent with the protection of citizens' rights to privacy and access to information, for the acquisition and use of telecommunications systems, and base such policies and plans on current information about State telecommunications activities in relation to the full range of emerging technologies.
(b) The provisions of this section shall not apply to the Judicial Information System in the Judicial Department.
"§ 143B‑1337. Communications services for local governmental entities and other entities.
(a) The State CIO shall provide cities, counties, and other local governmental entities with access to communications systems or services established by the Department under this Part for State agencies. Access shall be provided on the same cost basis that applies to State agencies.
(b) The State CIO shall establish broadband communications services and permit, in addition to State agencies, cities, counties, and other local government entities, the following organizations and entities to share on a not‑for‑profit basis:
(1) Nonprofit educational institutions as defined in G.S. 116‑280.
(2) MCNC and research affiliates of MCNC for use only in connection with research activities sponsored or funded, in whole or in part, by MCNC, if such research activities relate to health care or education in North Carolina.
(3) Agencies of the United States government operating in North Carolina for use only in connection with activities that relate to health care, education, or FirstNet in North Carolina.
(4) Hospitals, clinics, and other health care facilities for use only in connection with activities that relate to health care, education, or FirstNet in North Carolina.
(c) Provided, however, that communications or broadband telecommunications services provided pursuant to this section shall not cause the State or the Department to be classified as a public utility as that term is defined in G.S. 62‑3(23)a.6., nor as a retailer as that term is defined in G.S. 105‑164.3. Nor shall the State or the Department engage in any activities that may cause those entities to be classified as a common carrier as that term is defined in the Communications Act of 1934, 47 U.S.C. § 153(10). Provided further, authority to share communications services with the non‑State agencies set forth in subdivisions (1) through (4) of subsection (b) of this section shall terminate not later than one year from the effective date of a tariff for such service or federal law that preempts this section.
"§ 143B‑1338. Statewide electronic portal; annual report.
(a) The Department shall plan, develop, implement, and operate a statewide electronic portal (i) to increase the convenience of members of the public in conducting online transactions with, and obtaining information from, State government and (ii) to facilitate their interactions and communications with government agencies. The State CIO shall have approval authority over all agency Web site funding and content, to include any agency contract decisions. Participating agency Web site and content development staff shall be transferred to the Department in accordance with the schedule for their agency.
(b) Beginning June 30, 2015, and then annually thereafter, the State CIO shall report to the General Assembly and to the Fiscal Research Division on the following information:
(1) Services currently provided and associated transaction volumes or other relevant indicators of utilization by user type.
(2) New services added during the previous year.
(3) Services added that are currently available in other states.
(4) The total amount collected for each service.
(5) The total amount remitted to the State for each service.
(6) The total amount remitted to the vendor for each service.
(7) Any other use of State data by the vendor and the total amount of revenue collected per each use and in total.
(8) Customer satisfaction with each service.
(9) Any other issues associated with the provision of each service.
"Part 7. Security of Information Technology.
"§ 143B‑1339. Security.
Confidentiality. – No data of a confidential nature, as defined in the General Statutes or federal law, may be entered into or processed through any information technology system or network established under this Article until safeguards for the data's security satisfactory to the State CIO have been designed and installed and are fully operational. This section does not affect the provisions of G.S. 147‑64.6 or G.S. 147‑64.7.
"§ 143B‑1340. Statewide security standards.
The State CIO shall be responsible for the security of all State information technology systems and associated data. The State CIO shall manage all executive branch information technology security and shall establish a statewide standard for information technology security to maximize the functionality, security, and interoperability of the State's distributed information technology assets, including, but not limited to, data classification and management, communications, and encryption technologies. The State CIO shall review and revise the security standards annually. As part of this function, the State CIO shall review periodically existing security standards and practices in place among the various State agencies to determine whether those standards and practices meet statewide security and encryption requirements. The State CIO may assume the direct responsibility of providing for the information technology security of any State agency that fails to adhere to security standards adopted under this Article.
The State CIO shall establish standards for the management and safeguarding of all State data held by State agencies and private entities and shall develop and implement a process to monitor and ensure adherence to the established standards. The State CIO shall establish and enforce standards for the protection of State data. The State CIO shall develop and maintain an inventory of where State data is stored. For data maintained by non‑State entities, the State CIO shall document the reasons for the use of the non‑State entity and certify, in writing, that the use of the non‑State entity is the best course of action. The State CIO shall ensure that State data held by non‑State entities is properly protected and is held in facilities that meet State security standards. By October 1 each year, the State CIO shall certify in writing that data held in non‑State facilities is being maintained in accordance with State information technology security standards and shall provide a copy of this certification to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division.
Before a State agency can contract for the storage, maintenance, or use of State data by a private vendor, the agency shall obtain the approval of the State CIO.
"§ 143B‑1341. State CIO approval of security standards and risk assessments.
(a) Notwithstanding G.S. 143‑48.3, 143B‑1302(b), or (c), or any other provision of law, and except as otherwise provided by this Article, all information technology security goods, software or services purchased using State funds, or for use by a State agency or in a State facility, shall be subject to approval by the State CIO in accordance with security standards adopted under this Part.
(b) The State CIO shall conduct risk assessments to identify compliance, operational, and strategic risks to the enterprise network. These assessments may include methods such as penetration testing or similar assessment methodologies. The State CIO may contract with another party or parties to perform the assessments. Detailed reports of the risk and security issues identified shall be kept confidential as provided in G.S. 132‑6.1(c).
(c) If the legislative branch or the judicial branch develop their own security standards, taking into consideration the mission and functions of that entity, that are comparable to or exceed those set by the State CIO under this section, then those entities may elect to be governed by their own respective security standards. In these instances, approval of the State CIO shall not be required before the purchase of information technology security devices and services. If requested, the State CIO shall consult with the legislative branch and the judicial branch in reviewing the security standards adopted by those entities.
(d) Before a State agency may enter into any contract with another party for an assessment of network vulnerability, the State agency shall notify the State CIO and obtain approval of the request. If the State agency enters into a contract with another party for assessment and testing, after approval of the State CIO, the State agency shall issue public reports on the general results of the reviews. The contractor shall provide the State agency with detailed reports of the security issues identified that shall not be disclosed as provided in G.S. 132‑6.1(c). The State agency shall provide the State CIO with copies of the detailed reports that shall not be disclosed as provided in G.S. 132‑6.1(c).
(e) Nothing in this section shall be construed to preclude the Office of the State Auditor from assessing the security practices of State information technology systems as part of its statutory duties and responsibilities.
"§ 143B‑1342. Assessment of agency compliance with security standards.
At a minimum, the State CIO shall annually assess the ability of each State agency, and each agency's contracted vendors, to comply with the current security enterprise‑wide set of standards established pursuant to this section. The assessment shall include, at a minimum, the rate of compliance with the enterprise‑wide security standards and an assessment of security organization, security practices, security information standards, network security architecture, and current expenditures of State funds for information technology security. The assessment of a State agency shall also estimate the cost to implement the security measures needed for agencies to fully comply with the standards. Each State agency shall submit information required by the State CIO for purposes of this assessment. The State CIO shall include the information obtained from the assessment in the State Information Technology Plan.
"§ 143B‑1343. State agency cooperation; liaisons.
(a) The head of each principal department and Council of State agency shall cooperate with the State CIO in the discharge of the State CIO's duties by providing the following information to the Department:
(1) The full details of the State agency's information technology and operational requirements and of all the agency's information technology security incidents within 24 hours of confirmation.
(2) Comprehensive information concerning the information technology security employed to protect the agency's information technology.
(3) A forecast of the parameters of the agency's projected future information technology security needs and capabilities.
(4) Designating an agency liaison in the information technology area to coordinate with the State Chief Information Officer. The liaison shall be subject to a criminal background report from the State Repository of Criminal Histories, which shall be provided by the State Bureau of Investigation upon its receiving fingerprints from the liaison. If the liaison has been a resident of this State for less than five years, the background report shall include a review of criminal information from both the State and National Repositories of Criminal Histories. The criminal background report shall be provided to the State Chief Information Officer and the head of the agency. In addition, all personnel in the Office of the State Auditor who are responsible for information technology security reviews pursuant to G.S. 147‑64.6(c)(18) shall be subject to a criminal background report from the State Repository of Criminal Histories, which shall be provided by the State Bureau of Investigation upon receiving fingerprints from the personnel designated by the State Auditor. For designated personnel who have been residents of this State for less than five years, the background report shall include a review of criminal information from both the State and National Repositories of Criminal Histories. The criminal background reports shall be provided to the State Auditor. Criminal histories provided pursuant to this subdivision are not public records under Chapter 132 of the General Statutes.
(b) The information provided by State agencies to the State CIO under this section is protected from public disclosure pursuant to G.S. 132‑6.1(c).
"Part 8. Government Data Analytics Center.
"§ 143B‑1344. Definitions.
As used in this Part, the following definitions apply:
(1) Business intelligence. – The process of collecting, organizing, sharing, and analyzing data through integrated data management, reporting, visualization, and advanced analytics to discover patterns and other useful information that will allow policymakers and State officials to make more informed decisions. Business intelligence also includes both of the following:
a. Broad master data management capabilities such as data integration, data quality and enrichment, data governance, and master data management to collect, reference, and categorize information from multiple sources.
b. Self‑service query and reporting capabilities to provide timely, relevant, and actionable information to business users delivered through a variety of interfaces, devices, or applications based on their specific roles and responsibilities.
(2) Data analytics. – Data analysis, including the ability to use the data for assessment and extraction of policy relevant information.
(3) Enterprise‑level data analytics. – Standard analytics capabilities and services leveraging data throughout all State agencies, departments, and institutions.
"§ 143B‑1345. Government Data Analytics Center.
(a) Purpose. – The purpose of the Department's GDAC is to utilize public‑private partnerships as part of a statewide data integration and data‑sharing initiative and to identify data integration and business intelligence opportunities that will generate greater efficiencies in, and improved service delivery by, State agencies, departments, and institutions. The intent is not to replace transactional systems but to leverage the data from those systems for enterprise level State business intelligence. The GDAC shall continue the work, purpose, and resources of previous data integration efforts and shall otherwise advise and assist the State CIO in the management of the initiative. The State CIO shall make any organizational changes necessary to maximize the effectiveness and efficiency of the GDAC.
(b) Public‑private partnerships. – The State CIO shall continue to utilize public‑private partnerships and existing data integration and analytics contracts and licenses as appropriate to continue the implementation of the initiative. Private entities that partner with the State shall make appropriate contributions of funds or resources, including, but not limited to, knowledge transfer and education activities, software licensing, hardware and technical infrastructure resources, personnel resources, and such other appropriate resources as agreed upon by the parties.
(c) Powers and Duties. – The Department shall, through the GDAC, do all of the following:
(1) Continue and coordinate ongoing enterprise data integration efforts, including:
a. The deployment, support, technology improvements, and expansion of the Criminal Justice Law Enforcement Automated Data System (CJLEADS) and related case management systems.
b. The pilot and subsequent phase initiative for the North Carolina Financial Accountability and Compliance Technology System (NCFACTS).
c. Individual‑level student data and workforce data from all levels of education and the State workforce.
d. Other capabilities as developed by the GDAC.
(2) Identify technologies currently used in North Carolina that have the capability to support the initiative.
(3) Identify other technologies, especially those with unique capabilities that are complementary to existing technology standards, and that could support the State's business intelligence effort.
(4) Compare capabilities and costs across State agencies.
(5) Ensure implementation is properly supported across State agencies.
(6) Ensure that data integration and sharing is performed in a manner that preserves data privacy and security in transferring, storing, and accessing data, as appropriate.
(7) Immediately seek any waivers and enter into any written agreements that may be required by State or federal law to effectuate data sharing and to carry out the purposes of this section.
(8) Coordinate data requirements and usage for State business intelligence applications in a manner that (i) limits impacts on participating State agencies as those agencies provide data and business knowledge expertise and (ii) assists in defining business rules so the data can be properly used.
(9) Recommend the most cost‑effective and reliable long‑term hosting solution for enterprise‑level State business intelligence as well as data integration, notwithstanding any other provision of State law or regulation.
(10) Utilize a common approach that establishes standards for business intelligence initiatives for all State agencies and prevents the development of projects that do not meet the established standards.
(11) The creation of efficiencies in State government by ensuring that State agencies use the GDAC for agency business intelligence requirements.
(d) Application to State Government. – The initiative shall include all State agencies, departments, and institutions, including The University of North Carolina, as follows:
(1) All State agency business intelligence requirements, including any planning or development efforts associated with creating business intelligence capability, as well as any master data management efforts, shall be implemented through the GDAC.
(2) The Chief Justice of the North Carolina Supreme Court and the Legislative Services Commission each shall designate an officer or agency to advise and assist the State CIO with respect to implementation of the initiative in their respective branches of government. The judicial and legislative branches shall fully cooperate in the initiative mandated by this section in the same manner as is required of State agencies.
(e) Project Management. – The Department, with the assistance of the Office of State Budget and Management, shall identify potential funding sources for expansion of existing projects or development of new projects. No GDAC project shall be initiated, extended, or expanded (i) without the specific approval of the General Assembly unless the project can be implemented within funds appropriated for GDAC projects or (ii) without prior consultation to the Joint Legislative Commission on Governmental Operations and a report to the Joint Legislative Oversight Committee on Information Technology if the project can be implemented within funds appropriated for GDAC projects.
"§ 143B‑1346. Data sharing.
(a) General Duties of All State Agencies. – Unless otherwise provided by this article and except as limited or prohibited by federal law, the head of each State agency, department, and institution shall do all of the following:
(1) Grant the GDAC access to all information required to develop and support State business intelligence applications pursuant to this section. The State CIO and the GDAC shall take all necessary actions and precautions, including training, certifications, background checks, and governance policy and procedure, to ensure the security, integrity, and privacy of the data in accordance with State and federal law and as may be required by contract.
(2) Provide complete information on the State agency's information technology, operational, and security requirements.
(3) Provide information on all of the State agency's information technology activities relevant to the State business intelligence effort.
(4) Forecast the State agency's projected future business intelligence information technology needs and capabilities.
(5) Ensure that the State agency's future information technology initiatives coordinate efforts with the GDAC to include planning and development of data interfaces to incorporate data into the initiative and to ensure the ability to leverage analytics capabilities.
(6) Provide technical and business resources to participate in the initiative by providing, upon request and in a timely and responsive manner, complete and accurate data, business rules and policies, and support.
(7) Identify potential resources for deploying business intelligence in their respective State agencies and as part of the enterprise‑level effort.
(8) Immediately seek any waivers and enter into any written agreements that may be required by State or federal law to effectuate data sharing and to carry out the purposes of this section, as appropriate.
(b) Specific Requirements. – The GDAC shall enhance the State's business intelligence through the collection and analysis of data relating to workers' compensation claims for the purpose of preventing and detecting fraud, as follows:
(1) The North Carolina Industrial Commission shall release to the GDAC, or otherwise provide electronic access to, all data requested by the GDAC relating to workers' compensation insurance coverage, claims, appeals, compliance, and enforcement under Chapter 97 of the General Statutes.
(2) The North Carolina Rate Bureau (Bureau) shall release to GDAC, or otherwise provide electronic access to, all data requested by GDAC relating to workers' compensation insurance coverage, claims, business ratings, and premiums under Chapter 58 of the General Statutes. The Bureau shall be immune from civil liability for releasing information pursuant to this subsection, even if the information is erroneous, provided the Bureau acted in good faith and without malicious or willful intent to harm in releasing the information.
(3) The Department of Commerce, Division of Employment Security (DES), shall release to GDAC, or otherwise provide access to, all data requested by GDAC relating to unemployment insurance coverage, claims, and business reporting under Chapter 96 of the General Statutes.
(4) The Department of Labor shall release to GDAC, or otherwise provide access to, all data requested by GDAC relating to safety inspections, wage and hour complaints, and enforcement activities under Chapter 95 of the General Statutes.
(5) The Department of Revenue shall release to GDAC, or otherwise provide access to, all data requested by GDAC relating to the registration and address information of active businesses, business tax reporting, and aggregate federal tax Form 1099 data for comparison with information from DES, the Rate Bureau, and the Department of the State CIO for the evaluation of business reporting. Additionally, the Department of Revenue shall furnish to the GDAC, upon request, other tax information, provided that the information furnished does not impair or violate any information sharing agreements between the Department and the United States Internal Revenue Service. Notwithstanding any other provision of law, a determination of whether furnishing the information requested by GDAC would impair or violate any information sharing agreements between the Department of Revenue and the United States Internal Revenue Service shall be within the sole discretion of the State Chief Information Officer. The Department of Revenue and the Office of the State CIO shall work jointly to assure that the evaluation of tax information pursuant to this subdivision is performed in accordance with applicable federal law.
(c) All information shared with GDAC and the State CIO under this subsection is protected from release and disclosure in the same manner as any other information is protected under this section.
(d) Privacy and Confidentiality of Information. – The State CIO and the GDAC shall be deemed to be all of the following for the purposes of this Part:
(1) With respect to criminal information, and to the extent allowed by federal law, a criminal justice agency (CJA), as defined under Criminal Justice Information Services (CJIS) Security Policy. The State CJIS Systems Agency (CSA) shall ensure that CJLEADS receives access to federal criminal information deemed to be essential in managing CJLEADS to support criminal justice professionals.
(2) With respect to health information covered under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended, and to the extent allowed by federal law:
a. A business associate with access to protected health information acting on behalf of the State's covered entities in support of data integration, analysis, and business intelligence.
b. Authorized to access and view individually identifiable health information, provided that the access is essential to the enterprise fraud, waste, and improper payment detection program or required for future initiatives having specific definable need for the information.
c. Authorized to access all State and federal data, including revenue and labor information, deemed to be essential to the enterprise fraud, waste, and improper payment detection program or future initiatives having specific definable need for the data.
d. Authorized to develop agreements with the federal government to access data deemed to be essential to the enterprise fraud, waste, and improper payment detection program or future initiatives having specific definable need for such data.
(e) Release of Information. – The following limitations apply to (i) the release of information compiled as part of the initiative, (ii) data from State agencies that is incorporated into the initiative, and (iii) data released as part of the implementation of the initiative:
(1) Information compiled as part of the initiative. – Notwithstanding the provisions of Chapter 132 of the General Statutes, information compiled by the State CIO and the GDAC related to the initiative may be released as a public record only if the State CIO, in that officer's sole discretion, finds that the release of information is in the best interest of the general public and is not in violation of law or contract.
(2) Data from State agencies. – Any data that is not classified as a public record under G.S. 132‑1 shall not be deemed a public record when incorporated into the data resources comprising the initiative. To maintain confidentiality requirements attached to the information provided to the State CIO and GDAC, each source agency providing data shall be the sole custodian of the data for the purpose of any request for inspection or copies of the data under Chapter 132 of the General Statutes.
(3) Data released as part of implementation. – Information released to persons engaged in implementing the State's business intelligence strategy under this section that is used for purposes other than official State business is not a public record pursuant to Chapter 132 of the General Statutes.
(4) Data from North Carolina Rate Bureau. – Notwithstanding any other provision of this section, any data released by or obtained from the North Carolina Rate Bureau under this initiative relating to workers' compensation insurance claims, business ratings, or premiums are not public records and public disclosure of such data, in whole or in part, by the GDAC or State CIO, or by any State agency, is prohibited.
"§ 143B‑1347. GDAC funding.
The Department shall identify and make all efforts to secure any matching funds or other resources to assist in funding the GDAC. Savings resulting from the cancellation of projects, software, and licensing, as well as any other savings from the utilization of the GDAC, shall be returned to the General Fund and shall remain unexpended and unencumbered until appropriated by the General Assembly in a subsequent fiscal year. It is the intent of the General Assembly that expansion of the GDAC in subsequent fiscal years be funded with these savings and that the General Assembly appropriate funds for projects in accordance with the priorities identified by the State CIO.
"§ 143B‑1348. GDAC reporting.
(f) The State CIO shall do the following regarding the work of the GDAC:
(1) Submit and present quarterly reports on the activities described in this section to the chairs of the House of Representatives Appropriations and Senate Base Budget/Appropriations Committees, to the Joint Legislative Oversight Committee on Information Technology, and to the Fiscal Research Division of the General Assembly.
(2) Report the following information upon its occurrence or as requested:
a. Any failure of a State agency to provide information requested pursuant to this section. The failure shall be reported to the Joint Legislative Oversight Committee on Information Technology and to the chairs of the House of Representatives Appropriations and Senate Base Budget/Appropriations Committees.
b. Any additional information to the Joint Legislative Commission on Governmental Operations and the Joint Legislative Oversight Committee on Information Technology that is requested by those entities.
c. The State CIO shall report to the Joint Legislative Oversight Committee on Information Technology on projects that are not achieving projected savings. The report shall include a proposed corrective action plan for the project.
"Part 9. Criminal Justice Information.
"§ 143B‑1349. Definitions.
As used in this Part:
(1) "Board" means the Criminal Justice Information Network Governing Board.
(2) "Local government user" means a unit of local government of this State having authorized access to the Network.
(3) "Network" means the Criminal Justice Information Network established by the Board pursuant to this Article.
(4) "Network user" or "user" means any person having authorized access to the Network.
(5) "State agency" means any State department, agency, institution, board, commission, or other unit of State government.
"§ 143B‑1350. Criminal Justice Information Network.
(a) The Criminal Justice Information Network Governing Board is established within the Office of the State Chief Information Officer to operate the State's Criminal Justice Information Network, the purpose of which shall be to provide the governmental and technical information systems infrastructure necessary for accomplishing State and local governmental public safety and justice functions in the most effective manner by appropriately and efficiently sharing criminal justice and juvenile justice information among law enforcement, judicial, and corrections agencies. The Board is established within the Department, for organizational and budgetary purposes only, and the Board shall exercise all of its statutory powers in this Article independent of control by State CIO.
(b) The Board shall consist of 21 members, appointed as follows:
(1) Five members appointed by the Governor, including one member who is a director or employee of a State correction agency for a term to begin September 1, 1996, and to expire on June 30, 1997, one member who is an employee of the North Carolina Department of Public Safety for a term beginning September 1, 1996, and to expire on June 30, 1997, one member selected from the North Carolina Association of Chiefs of Police for a term to begin September 1, 1996, and to expire on June 30, 1999, one member who is an employee of the Division of Juvenile Justice of the Department of Public Safety, and one member who represents the Division of Motor Vehicles.
(2) Six members appointed by the General Assembly in accordance with G.S. 120‑121, as follows:
a. Three members recommended by the President Pro Tempore of the Senate, including two members of the general public for terms to begin on September 1, 1996, and to expire on June 30, 1997, and one member selected from the North Carolina League of Municipalities who is a member of, or an employee working directly for, the governing board of a North Carolina municipality for a term to begin on September 1, 1996, and to expire on June 30, 1999; and
b. Three members recommended by the Speaker of the House of Representatives, including two members of the general public for terms to begin on September 1, 1996, and to expire on June 30, 1999, and one member selected from the North Carolina Association of County Commissioners who is a member of, or an employee working directly for, the governing board of a North Carolina county for a term to begin on September 1, 1996, and to expire on June 30, 1997.
(3) Two members appointed by the Attorney General, including one member who is an employee of the Attorney General for a term to begin on September 1, 1996, and to expire on June 30, 1997, and one member from the North Carolina Sheriffs' Association for a term to begin on September 1, 1996, and to expire on June 30, 1999.
(4) Six members appointed by the Chief Justice of the North Carolina Supreme Court, as follows:
a. The Director of the Administrative Office of the Courts, or an employee of the Administrative Office of the Courts, for a term beginning July 1, 1997, and expiring June 30, 2001.
b. One member who is a district attorney or an assistant district attorney upon the recommendation of the Conference of District Attorneys of North Carolina, for a term beginning July 1, 1998, and expiring June 30, 1999.
c. Two members who are superior court or district court judges for terms beginning July 1, 1998, and expiring June 30, 2001.
d. One member who is a magistrate upon the recommendation of the North Carolina Magistrates' Association, for a term beginning July 1, 1998, and expiring June 30, 1999.
e. One member who is a clerk of superior court upon the recommendation of the North Carolina Association of Clerks of Superior Court, for a term beginning July 1, 1998, and expiring June 30, 1999.
(5) One member appointed by the State CIO.
(6) One member appointed by the President of the North Carolina Chapter of the Association of Public Communications Officials International, who is an active member of the Association, for a term to begin on September 1, 1996, and to expire on June 30, 1999.
The respective appointing authorities are encouraged to appoint persons having a background in and familiarity with criminal information systems and networks generally and with the criminal information needs and capacities of the constituency from which the member is appointed.
As the initial terms expire, subsequent members of the Board shall be appointed to serve four‑year terms. At the end of a term, a member shall continue to serve on the Board until a successor is appointed. A member who is appointed after a term is begun serves only for the remainder of the term and until a successor is appointed. Any vacancy in the membership of the Board shall be filled by the same appointing authority that made the appointment, except that vacancies among members appointed by the General Assembly shall be filled in accordance with G.S. 120‑122.
(c) Members of the Board shall not be employed by or serve on the board of directors or other corporate governing body of any information systems, computer hardware, computer software, or telecommunications vendor of goods and services to the State or to any unit of local government in the State. No member of the Board shall vote on an action affecting solely the member's own State agency or local governmental unit or specific judicial office.
"§ 143B‑1351. Compensation and expenses of Board members.
Members of the Board shall serve without compensation but may receive travel and subsistence as follows:
(1) Board members who are officials or employees of a State agency or unit of local government, in accordance with G.S. 138‑6.
(2) All other Board members, at the rate established in G.S. 138‑5.
"§ 143B‑1352. Powers and duties.
(a) The Board shall have the following powers and duties:
(1) To establish and operate the Network as an integrated system of State and local government components for effectively and efficiently storing, communicating, and using criminal justice information at the State and local levels throughout North Carolina's law enforcement, judicial, juvenile justice, and corrections agencies, with the components of the Network to include electronic devices, programs, data, and governance and to set the Network's policies and procedures.
(2) To develop and adopt uniform standards and cost‑effective information technology, after thorough evaluation of the capacity of information technology to meet the present and future needs of the State and, in consultation with the Department of Information Technology, to develop and adopt standards for entering, storing, and transmitting information in criminal justice databases and for achieving maximum compatibility among user technologies.
(3) To identify the funds needed to establish and maintain the Network, identify public and private sources of funding, and secure funding to:
a. Create the Network and facilitate the sharing of information among users of the Network; and
b. Make grants to local government users to enable them to acquire or improve elements of the Network that lie within the responsibility of their agencies or State agencies; provided that the elements developed with the funds must be available for use by the State or by local governments without cost and the applicable State agencies join in the request for funding.
(4) To provide assistance to local governments for the financial and systems planning for Network‑related automation and to coordinate and assist the Network users of this State in soliciting bids for information technology hardware, software, and services in order to assure compliance with the Board's technical standards, to gain the most advantageous contracts for the Network users of this State, and to assure financial accountability where State funds are used.
(5) To provide a liaison among local government users and to advocate on behalf of the Network and its users in connection with legislation affecting the Network.
(6) To facilitate the sharing of knowledge about information technologies among users of the Network.
(7) To take any other appropriate actions to foster the development of the Network.
(b) All grants or other uses of funds appropriated or granted to the Board shall be conditioned on compliance with the Board's technical and other standards.
"§ 143B‑1353. Election of officers; meetings; staff, etc.
(a) The Governor shall call the first meeting of the Board. At the first meeting, the Board shall elect a chair and a vice‑chair, each to serve a one‑year term, with subsequent officers to be elected for one‑year terms. The Board shall hold at least two regular meetings each year, as provided by policies and procedures adopted by the Board. The Board may hold additional meetings upon the call of the chair or any three Board members. A majority of the Board membership constitutes a quorum.
(b) The staff of the Criminal Justice Information Network shall provide the Board with professional and clerical support and any additional support the Board needs to fulfill its mandate. The Board's staff shall use space provided by the Department.
"Part 10. Emergency Telephone Service.
"§ 143B‑1354 through § 143B‑1364.
"Part 11. North Carolina Geographic Information Coordinating Council.
"§ 143B‑1365 through § 143B‑1368."
instructions to the revisor of statutes
SECTION 7A.3. The Revisor of Statutes shall make following recodifications in connection with creating the Department of Information Technology:
(1) Article 3 of Chapter 62A of the General Statutes (Emergency Telephone Service) is recodified as Part 10 of Article 14 of Chapter 143B of the General Statutes with the sections to be numbered as G.S. 143B‑1354 through G.S. 143B‑1364, respectively.
(2) Article 76 of Chapter 143 of the General Statutes (North Carolina Geographic Information Coordinating Council) is recodified as Part 11 of Article 14 of Chapter 143B of the General Statutes with the sections to be recodified as G.S. 143B‑1365 through 143B‑1368, respectively.
The Revisor of Statutes may conform names and titles changed by this section, and may correct statutory references as required by this section, throughout the General Statutes. In making the changes authorized by this section, the Revisor may also adjust subject and verb agreement and the placement of conjunctions.
conforming and technical changes relating to department of information technology
SECTION 7A.4.(a) G.S. 66‑58.20(b) reads as rewritten:
"(b) Each State department, agency, and
institution under the review of the State Chief Information Officer agency
as defined in G.S. 143B‑1300(a)(9) shall functionally link its
Internet or electronic services to a centralized Web portal system established
pursuant to subsection (a) of this section."
SECTION 7A.4.(b) G.S. 136‑89.194(g)(2) reads as rewritten:
"(g) Contract Exemptions. – The following provisions concerning the purchase of goods and services by a State agency do not apply to the Turnpike Authority:
…
(2) Article 3D of Chapter 147 of the General Statutes.
The Authority may use the services of the Office of Information Technology
Services Department of Information Technology in procuring goods and
services that are not specific to establishing and operating a toll revenue
system. All However, all contract information for contracts for
information technology are subject to disclosure in accordance with G.S. 147‑33.95.Article
14 of Chapter 143B of the General Statutes."
SECTION 7A.4.(c) G.S. 138A‑3 reads as rewritten:
"§ 138A‑3. Definitions.
The following definitions apply in this Chapter:
…
(30) Public servants. – All of the following:
…
p. The chief information officer, State
Chief Information Officer, deputy chief information officers, chief
financial officers, and general counsel of the Office of Department
of Information Technology.
…."
SECTION 7A.4.(d) G.S. 143‑129(e)(7) reads as rewritten:
"(e) Exceptions. – The requirements of this Article do not apply to:
…
(7) Purchases of information technology through
contracts established by the State Office of Department of Information
Technology as provided in G.S. 147‑33.82(b) and G.S. 147‑33.92(b).Article
14 of Chapter 143B of the General Statutes."
SECTION 7A.4.(e) G.S. 143C‑3‑3(e) reads as rewritten:
"(e) Information Technology Request. – In addition
to any other information requested by the Director, State Chief
Information Officer (State CIO), any State agency requesting significant
State resources, as defined by the Director, State CIO, for the
purpose of acquiring acquiring, operating, or maintaining
information technology shall accompany that request with all of the following:
(1) A statement of its needs for information technology and related resources, including expected improvements to programmatic or business operations, together with a review and evaluation of that statement prepared by the State Chief Information Officer.
(2) A statement setting forth the requirements for
State resources, together with an evaluation of those requirements by the State
Chief Information Officer that takes into consideration the State's current
technology, the opportunities for technology sharing, the requirements of
Article 3D of Chapter 147 Article 14 of Chapter 143B of the General
Statutes, and any other factors relevant to the analysis. And, in cases of
an acquisition, an explanation of the method by which the acquisition is to be
financed.
(3) A statement by the State Chief Information Officer that sets forth viable alternatives, if any, for meeting the agency needs in an economical and efficient manner. A statement setting forth the requirements for State resources, together with an evaluation of those requirements, including expected improvements to programmatic or business operations by the Secretary that takes into consideration the State's current technology, the opportunities for technology sharing, the requirements of the General Statutes, and any other factors relevant to the analysis.
(4) In the case of an acquisition, an explanation of the method by which the acquisition is to be financed.
This subsection shall not apply to requests submitted by the General Assembly or the Administrative Office of the Courts."
SECTION 7A.4.(f) G.S. 150B‑21.1(a)(10) reads as rewritten:
"(a) Adoption. – An agency may adopt a temporary rule when it finds that adherence to the notice and hearing requirements of G.S. 150B‑21.2 would be contrary to the public interest and that the immediate adoption of the rule is required by one or more of the following:
…
(10) The need for the State Chief Information
Officer to implement the information technology procurement provisions of Article
3D of Chapter 147 of Article 14 of Chapter 143B of the General
Statutes."
SECTION 7A.4.(g) G.S. 150B‑38 is amended by adding a new subsection to read:
"(i) Standards adopted by the State Chief Information Officer and applied to information technology as defined by G.S. 143B‑1300."
SECTION 7A.4.(h) G.S. 143‑59.1(a) reads as rewritten:
"(a) Ineligible Vendors. – The Secretary of Administration
Administration, State Chief Information Officer, and other entities
to which this Article applies shall not contract for goods or services with
either of the following:
…."
SECTION 7A.5. No action or proceeding pending on July 1, 2015, brought by or against the Office of Information Technology Services or the Office of the State Chief Information Officer shall be affected by any provision of this act, but the same may be prosecuted or defended in the name of the Department of Information Technology. In these actions and proceedings, the Department shall be substituted as a party upon proper application to the courts or other public bodies. Any business or other matter undertaken or commanded by the Office of Information Technology Services or the Office of the State Chief Information Officer regarding any State program, office, or contract or pertaining to or connected with its respective functions, powers, obligations, and duties that are pending on the date this act becomes effective may be conducted and completed by the Department of Information Technology in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by the former commission, director, or office. Unless otherwise specifically provided by this act, any previous assignment of duties within the purview of this act by the Governor or General Assembly shall have continued validity.
PART VIII. PUBLIC SCHOOLS
FUNDS FOR CHILDREN WITH DISABILITIES
FUNDS FOR ACADEMICALLY GIFTED CHILDREN
SECTION 8.2. The State Board of Education shall allocate additional funds for academically or intellectually gifted children on the basis of one thousand two hundred eighty dollars and seventy cents ($1,280.70) per child for fiscal years 2015‑2016 and 2016‑2017. A local school administrative unit shall receive funds for a maximum of four percent (4%) of its 2015‑2016 allocated average daily membership, regardless of the number of children identified as academically or intellectually gifted in the unit. The dollar amounts allocated under this section for academically or intellectually gifted children shall also be adjusted in accordance with legislative salary increments, retirement rate adjustments, and health benefit adjustments for personnel who serve academically or intellectually gifted children.
USE OF SUPPLEMENTAL FUNDING IN LOW‑WEALTH COUNTIES
SECTION 8.3.(a) Use of Funds for Supplemental Funding. – All funds received pursuant to this section shall be used only (i) to provide instructional positions, instructional support positions, teacher assistant positions, clerical positions, school computer technicians, instructional supplies and equipment, staff development, and textbooks and digital resources and (ii) for salary supplements for instructional personnel and instructional support personnel. Local boards of education are encouraged to use at least twenty‑five percent (25%) of the funds received pursuant to this section to improve the academic performance of children who are performing at Level I or II on either reading or mathematics end‑of‑grade tests in grades three through eight.
SECTION 8.3.(b) Definitions. – As used in this section, the following definitions apply:
(1) "Anticipated county property tax revenue availability" means the county‑adjusted property tax base multiplied by the effective State average tax rate.
(2) "Anticipated total county revenue availability" means the sum of the following:
a. Anticipated county property tax revenue availability.
b. Local sales and use taxes received by the county that are levied under Chapter 1096 of the 1967 Session Laws or under Subchapter VIII of Chapter 105 of the General Statutes.
c. Fines and forfeitures deposited in the county school fund for the most recent year for which data are available.
(3) "Anticipated total county revenue availability per student" means the anticipated total county revenue availability for the county divided by the average daily membership of the county.
(4) "Anticipated State average revenue availability per student" means the sum of all anticipated total county revenue availability divided by the average daily membership for the State.
(5) "Average daily membership" means average daily membership as defined in the North Carolina Public Schools Allotment Policy Manual adopted by the State Board of Education. If a county contains only part of a local school administrative unit, the average daily membership of that county includes all students who reside within the county and attend that local school administrative unit.
(6) "County‑adjusted property tax base" shall be computed as follows:
a. Subtract the present‑use value of agricultural land, horticultural land, and forestland in the county, as defined in G.S. 105‑277.2, from the total assessed real property valuation of the county.
b. Adjust the resulting amount by multiplying by a weighted average of the three most recent annual sales assessment ratio studies.
c. Add to the resulting amount the following:
1. Present‑use value of agricultural land, horticultural land, and forestland, as defined in G.S. 105‑277.2.
2. Value of property of public service companies, determined in accordance with Article 23 of Chapter 105 of the General Statutes.
3. Personal property value for the county.
(7) "County‑adjusted property tax base per square mile" means the county‑adjusted property tax base divided by the number of square miles of land area in the county.
(8) "County wealth as a percentage of State average wealth" shall be computed as follows:
a. Compute the percentage that the county per capita income is of the State per capita income and weight the resulting percentage by a factor of five‑tenths.
b. Compute the percentage that the anticipated total county revenue availability per student is of the anticipated State average revenue availability per student and weight the resulting percentage by a factor of four‑tenths.
c. Compute the percentage that the county‑adjusted property tax base per square mile is of the State‑adjusted property tax base per square mile and weight the resulting percentage by a factor of one‑tenth.
d. Add the three weighted percentages to derive the county wealth as a percentage of the State average wealth.
(9) "Effective county tax rate" means the actual county tax rate multiplied by a weighted average of the three most recent annual sales assessment ratio studies.
(10) "Effective State average tax rate" means the average of effective county tax rates for all counties.
(11) "Local current expense funds" means the most recent county current expense appropriations to public schools, as reported by local boards of education in the audit report filed with the Secretary of the Local Government Commission pursuant to G.S. 115C‑447.
(12) "Per capita income" means the average for the most recent three years for which data are available of the per capita income according to the most recent report of the United States Department of Commerce, Bureau of Economic Analysis, including any reported modifications for prior years as outlined in the most recent report.
(13) "Sales assessment ratio studies" means sales assessment ratio studies performed by the Department of Revenue under G.S. 105‑289(h).
(14) "State average current expense appropriations per student" means the most recent State total of county current expense appropriations to public schools, as reported by local boards of education in the audit report filed with the Secretary of the Local Government Commission pursuant to G.S. 115C‑447.
(15) "State average adjusted property tax base per square mile" means the sum of the county‑adjusted property tax bases for all counties divided by the number of square miles of land area in the State.
(16) "Supplant" means to decrease local per student current expense appropriations from one fiscal year to the next fiscal year.
(17) "Weighted average of the three most recent annual sales assessment ratio studies" means the weighted average of the three most recent annual sales assessment ratio studies in the most recent years for which county current expense appropriations and adjusted property tax valuations are available. If real property in a county has been revalued one year prior to the most recent sales assessment ratio study, a weighted average of the two most recent sales assessment ratios shall be used. If property has been revalued the year of the most recent sales assessment ratio study, the sales assessment ratio for the year of revaluation shall be used.
SECTION 8.3.(c) Eligibility for Funds. – Except as provided in subsection (g) of this section, the State Board of Education shall allocate these funds to local school administrative units located in whole or in part in counties in which the county wealth as a percentage of the State average wealth is less than one hundred percent (100%).
SECTION 8.3.(d) Allocation of Funds. – Except as provided in subsection (f) of this section, the amount received per average daily membership for a county shall be the difference between the State average current expense appropriations per student and the current expense appropriations per student that the county could provide given the county's wealth and an average effort to fund public schools. (To derive the current expense appropriations per student that the county could be able to provide given the county's wealth and an average effort to fund public schools, multiply the county's wealth as a percentage of State average wealth by the State average current expense appropriations per student.) The funds for the local school administrative units located in whole or in part in the county shall be allocated to each local school administrative unit located in whole or in part in the county based on the average daily membership of the county's students in the school units. If the funds appropriated for supplemental funding are not adequate to fund the formula fully, each local school administrative unit shall receive a pro rata share of the funds appropriated for supplemental funding.
SECTION 8.3.(e) Formula for Distribution of Supplemental Funding Pursuant to This Section Only. – The formula in this section is solely a basis for distribution of supplemental funding for low‑wealth counties and is not intended to reflect any measure of the adequacy of the educational program or funding for public schools. The formula is also not intended to reflect any commitment by the General Assembly to appropriate any additional supplemental funds for low‑wealth counties.
SECTION 8.3.(f) Minimum Effort Required. – A county that (i) maintains an effective county tax rate that is at least one hundred percent (100%) of the effective State average tax rate in the most recent year for which data are available or (ii) maintains a county appropriation per student to the school local current expense fund of at least one hundred percent (100%) of the current expense appropriations per student to the school local current expense fund that the county could provide given the county's wealth and an average effort to fund public schools shall receive full funding under this section. A county that maintains a county appropriation per student to the school local current expense fund of less than one hundred percent (100%) of the current expense appropriations per student to the school local current expense fund that the county could provide given the county's wealth and an average effort to fund public schools shall receive funding under this section at the same percentage that the county's appropriation per student to the school local current expense fund is of the current expense appropriations per student to the school local current expense fund that the county could provide given the county's wealth and an average effort to fund public schools.
SECTION 8.3.(g) Nonsupplant Requirement. – A county in which a local school administrative unit receives funds under this section shall use the funds to supplement local current expense funds and shall not supplant local current expense funds. For the 2015‑2017 fiscal biennium, the State Board of Education shall not allocate funds under this section to a county found to have used these funds to supplant local per student current expense funds. The State Board of Education shall make a finding that a county has used these funds to supplant local current expense funds in the prior year, or the year for which the most recent data are available, if all of the following criteria apply:
(1) The current expense appropriations per student of the county for the current year is less than ninety‑five percent (95%) of the average of local current expense appropriations per student for the three prior fiscal years.
(2) The county cannot show (i) that it has remedied the deficiency in funding or (ii) that extraordinary circumstances caused the county to supplant local current expense funds with funds allocated under this section.
The State Board of Education shall adopt rules to implement the requirements of this subsection.
SECTION 8.3.(h) Counties Containing a Base of the Armed Forces. – Notwithstanding any other provision of this section, for the 2015‑2017 fiscal biennium, counties containing a base of the Armed Forces of the United States that have an average daily membership of more than 23,000 students shall receive the same amount of supplemental funding for low‑wealth counties as received in the 2012‑2013 fiscal year.
SECTION 8.3.(i) Funds for EVAAS Data. – Notwithstanding the requirements of subsection (a) of this section, local school administrative units may utilize funds allocated under this section to purchase services that allow for extraction of data from the Education Value‑Added Assessment System (EVAAS).
SECTION 8.3.(j) Reports. – For the 2015‑2017 fiscal biennium, the State Board of Education shall report to the Fiscal Research Division prior to May 15 of each year if it determines that counties have supplanted funds.
SECTION 8.3.(k) Department of Revenue Reports. – The Department of Revenue shall provide to the Department of Public Instruction a preliminary report for the current fiscal year of the assessed value of the property tax base for each county prior to March 1 of each year and a final report prior to May 1 of each year. The reports shall include for each county the annual sales assessment ratio and the taxable values of (i) total real property, (ii) the portion of total real property represented by the present‑use value of agricultural land, horticultural land, and forestland, as defined in G.S. 105‑277.2, (iii) property of public service companies determined in accordance with Article 23 of Chapter 105 of the General Statutes, and (iv) personal property.
SMALL SCHOOL SYSTEM SUPPLEMENTAL FUNDING
SECTION 8.4.(a) Allotment Schedule for the 2015‑2017 Fiscal Biennium. – Except as otherwise provided in subsection (d) of this section, each eligible county school administrative unit shall receive a dollar allotment according to the following schedule:
Allotted ADM Small County Allotment
0‑600 $1,710,000
601‑1,300 $1,820,000
1,301‑1,700 $1,548,700
1,701‑2,000 $1,600,000
2,001‑2,300 $1,560,000
2,301‑2,600 $1,470,000
2,601‑2,800 $1,498,000
2,801‑3,200 $1,548,000
SECTION 8.4.(b) Phase‑Out Provision for the 2015‑2016 Fiscal Year. – If a local school administrative unit becomes ineligible for funding under the schedule in subsection (a) of this section in the 2015‑2016 fiscal year, funding for that unit shall be phased out over a five‑year period. Funding for such local administrative units shall be reduced in equal increments in each of the five years after the local administrative unit becomes ineligible. Funding shall be eliminated in the fifth fiscal year after the local administrative unit becomes ineligible.
Allotments for eligible local school administrative units under this subsection shall not be reduced by more than twenty percent (20%) of the amount received in fiscal year 2014‑2015 in any fiscal year.
SECTION 8.4.(c) Phase‑Out Provision for the 2016‑2017 Fiscal Year. – If a local school administrative unit becomes ineligible for funding under the schedule in subsection (a) of this section in the 2016‑2017 fiscal year, funding for that unit shall be phased out over a five‑year period. Funding for such local administrative units shall be reduced in equal increments in each of the five years after the local administrative unit becomes ineligible. Funding shall be eliminated in the fifth fiscal year after the local administrative unit becomes ineligible.
Allotments for eligible local school administrative units under this subsection shall not be reduced by more than twenty percent (20%) of the amount received in fiscal year 2015‑2016 in any fiscal year.
SECTION 8.4.(d) Nonsupplant Requirement for the 2015‑2017 Fiscal Biennium. – A county in which a local school administrative unit receives funds under this section shall use the funds to supplement local current expense funds and shall not supplant local current expense funds. For the 2015‑2017 fiscal biennium, the State Board of Education shall not allocate funds under this section to a county found to have used these funds to supplant local per student current expense funds. The State Board of Education shall make a finding that a county has used these funds to supplant local current expense funds in the prior year, or the year for which the most recent data are available, if all of the following criteria apply:
(1) The current expense appropriation per student of the county for the current year is less than ninety‑five percent (95%) of the average of local current expense appropriation per student for the three prior fiscal years.
(2) The county cannot show (i) that it has remedied the deficiency in funding or (ii) that extraordinary circumstances caused the county to supplant local current expense funds with funds allocated under this section.
The State Board of Education shall adopt rules to implement the requirements of this subsection.
SECTION 8.4.(e) Reports. – For the 2015‑2017 fiscal biennium, the State Board of Education shall report to the Fiscal Research Division prior to May 15 of each fiscal year if it determines that counties have supplanted funds.
SECTION 8.4.(f) Use of Funds. – Local boards of education are encouraged to use at least twenty percent (20%) of the funds they receive pursuant to this section to improve the academic performance of children who are performing at Level I or II on either reading or mathematics end‑of‑grade tests in grades three through eight.
DISADVANTAGED STUDENT SUPPLEMENTAL FUNDING (DSSF)
SECTION 8.5.(a) Funds appropriated for disadvantaged student supplemental funding shall be used, consistent with the policies and procedures adopted by the State Board of Education, only to do the following:
(1) Provide instructional positions or instructional support positions and/or professional development.
(2) Provide intensive in‑school and/or after‑school remediation.
(3) Purchase diagnostic software and progress‑monitoring tools.
(4) Provide funds for teacher bonuses and supplements. The State Board of Education shall set a maximum percentage of the funds that may be used for this purpose.
The State Board of Education may require local school administrative units receiving funding under the Disadvantaged Student Supplemental Fund to purchase the Education Value‑Added Assessment System (EVAAS) in order to provide in‑depth analysis of student performance and help identify strategies for improving student achievement. This data shall be used exclusively for instructional and curriculum decisions made in the best interest of children and for professional development for their teachers and administrators.
SECTION 8.5.(b) Disadvantaged student supplemental funding (DSSF) shall be allotted to a local school administrative unit based on (i) the unit's eligible DSSF population and (ii) the difference between a teacher‑to‑student ratio of 1:21 and the following teacher‑to‑student ratios:
(1) For counties with wealth greater than ninety percent (90%) of the statewide average, a ratio of 1:19.9.
(2) For counties with wealth not less than eighty percent (80%) and not greater than ninety percent (90%) of the statewide average, a ratio of 1:19.4.
(3) For counties with wealth less than eighty percent (80%) of the statewide average, a ratio of 1:19.1.
(4) For local school administrative units receiving DSSF funds in fiscal year 2005‑2006, a ratio of 1:16. These local school administrative units shall receive no less than the DSSF amount allotted in fiscal year 2006‑2007.
For the purpose of this subsection, wealth shall be calculated under the low‑wealth supplemental formula as provided for in this act.
SECTION 8.5.(c) If a local school administrative unit's wealth increases to a level that adversely affects the unit's disadvantaged student supplemental funding (DSSF) allotment ratio, the DSSF allotment for that unit shall be maintained at the prior year level for one additional fiscal year.
UNIFORM EDUCATION REPORTING SYSTEM (UERS) FUNDS
COOPERATIVE INNOVATIVE HIGH SCHOOLS
SECTION 8.8. G.S. 115C‑238.54 is amended by adding a new subsection to read:
"(j) Any State funds appropriated for cooperative innovative high schools shall not be adjusted to reflect legislative salary increments, retirement rate adjustments, and health benefit adjustments for school personnel, unless specifically provided for by the General Assembly."
STudy NCVPS ALTERNATIVE FUNDING FORMULA
SECTION 8.11.(a) The State Board of Education shall study implementation of an alternative funding formula for the North Carolina Virtual Public School (NCVPS) in lieu of the funding formula adopted by the State Board pursuant to Section 7.22(d) of S.L. 2011‑145, as amended by Section 8.9 of S.L. 2013‑360. The study shall include consideration of the potential costs and benefits of (i) offering an alternative funding formula option for local boards of education to select and (ii) replacing the current NCVPS formula with a new formula applicable to all local boards of education participating in NCVPS.
SECTION 8.11.(b) The State Board of Education shall report the results of the study under subsection (a) of this section and any legislative recommendations to the Joint Legislative Education Oversight Committee by January 15, 2016.
REVISE THE DESIGNATION OF THE TEXTBOOK FUNDING ALLOTMENT
SECTION 8.18.(a) Effective July 1, 2015, the existing Textbooks funding allotment in the State Public School Fund shall be designated as the Textbooks and Digital Resources funding allotment in the State Public School Fund.
SECTION 8.18.(b) The State Board of Education shall establish the purposes for which the funds within the new Textbooks and Digital Resources funding allotment may be used for as follows: (i) to acquire textbooks as defined in G.S. 115C‑85, which includes technology‑based programs, and (ii) only for allowable expenditures as were permitted under the Textbooks funding allotment as of June 30, 2015.
REPEAL UNNECESSARY STATE BOARD OF EDUCATION REPORTS
SECTION 8.25.(a) Report on Paperwork Reduction. – G.S. 115C‑12(19) reads as rewritten:
"(19) Duty to Identify Required Reports and to Eliminate Unnecessary Reports and Paperwork. – Prior to the beginning of each school year, the State Board of Education shall identify all reports that are required at the State level for the school year.
The State Board of Education shall adopt policies to ensure that local school administrative units are not required by the State Board of Education, the State Superintendent, or the Department of Public Instruction staff to (i) provide information that is already available on the student information management system or housed within the Department of Public Instruction; (ii) provide the same written information more than once during a school year unless the information has changed during the ensuing period; (iii) complete forms, for children with disabilities, that are not necessary to ensure compliance with the federal Individuals with Disabilities Education Act (IDEA); or (iv) provide information that is unnecessary to comply with State or federal law and not relevant to student outcomes and the efficient operation of the public schools. Notwithstanding the foregoing, the State Board may require information available on its student information management system or require the same information twice if the State Board can demonstrate a compelling need and can demonstrate there is not a more expeditious manner of getting the information.
The State Board shall permit schools and local school administrative units to submit all reports to the Department of Public Instruction electronically.
The State Board of Education, in collaboration with the education roundtables within the Department of Public Instruction, shall consolidate all plans that affect the school community, including school improvement plans. The consolidated plan shall be posted on each school's Web site for easy access by the public and by school personnel.
The State Board shall report to
the Joint Legislative Education Oversight Committee by November 15 of each year
on the reports identified that are required at the State level, the evaluation
and determination for continuing individual reports, including the
consideration of whether those reports exceed what is required by State and
federal law, and any reports that it has consolidated or eliminated for the
upcoming school year."
SECTION 8.25.(b) Report on the ABCs. – G.S. 115C‑12(25) reads as rewritten:
"(25) Duty to Report to Joint Legislative Education
Oversight Committee. – Upon the request of the Joint Legislative Education
Oversight Committee, the State Board shall examine and evaluate issues,
programs, policies, and fiscal information, and shall make reports to that
Committee. Furthermore, beginning October 15, 1997, October 15, 2015,
and annually thereafter, the State Board shall submit reports to that
Committee regarding the continued implementation of Chapter 716 of the 1995
Session Laws, 1996 Regular Session. Each report shall include information regarding
the composition and activity of assistance teams, schools that received
incentive awards, schools identified as low‑performing, school
improvement plans found to significantly improve student performance, personnel
actions taken in low‑performing schools, and recommendations for
additional legislation to improve student performance and increase local
flexibility."
SECTION 8.25.(c) Report on State School Technology Plan. – G.S. 115C‑102.6B(b) reads as rewritten:
"(b) The Board shall submit the plan to the State Chief Information Officer for approval of the technical components of the plan set out in G.S. 115C‑102.6A(1) through (4). At least one‑fourth of the members of any technical committee that reviews the plan for the State Chief Information Officer shall be people actively involved in primary or secondary education.
The Board shall report annually by February 15 of each
year to the Joint Legislative Education Oversight Committee on the status of
the State School Technology Plan."
SECTION 8.25.(d) Reports by Local School Administrative Units and Charter Schools on Students With Diabetes. – G.S. 115C‑375.3 reads as rewritten:
"§ 115C‑375.3. Guidelines to support and assist students with diabetes.
Local boards of education and boards of directors of charter
schools shall ensure that the guidelines adopted by the State Board of
Education under G.S. 115C‑12(31) are implemented in schools in which
students with diabetes are enrolled. In particular, the boards shall require
the implementation of the procedures set forth in those guidelines for the
development and implementation of individual diabetes care plans. The boards
also shall make available necessary information and staff development to
teachers and school personnel in order to appropriately support and assist
students with diabetes in accordance with their individual diabetes care plans.
Local boards of education and boards of directors of charter schools shall
report to the State Board of Education annually, on or before August 15,
whether they have students with diabetes enrolled and provide information
showing compliance with the guidelines adopted by the State Board of Education
under G.S. 115C‑12(31). These reports shall be in compliance with
the federal Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g."
SECTION 8.27.(a) Section 8.25 of S.L. 2013‑360, as amended by Section 8.27 of S.L. 2014‑100, is repealed.
SECTION 8.27.(b) The federal Investing in Innovation Fund Grant: Validating Early College Strategies for Traditional Comprehensive High Schools awarded to the North Carolina New Schools Project for 2012‑2020 requires students to enroll in a community college course in the tenth grade. Notwithstanding any other provision of law, specified local school administrative units may offer one community college course to participating sophomore (tenth grade) students. Participating local school administrative units are Alleghany, Beaufort, Bladen, Duplin, Hertford, Harnett, Jones, Madison, Martin, Richmond, Rutherford, Scotland, Surry, Warren, and Yancey County Schools.
SECTION 8.27.(c) Grant funds shall be used to pay for all costs incurred by the local school administrative units and the community college partners to implement the grant, including community college FTE. Community colleges shall not earn budget FTE for student course enrollments supported with this grant.
SECTION 8.27.(d) Research conducted as part of the federal grant program under subsection (a) of this section shall address the effects of early college strategies in preparing students for college completion. The North Carolina New Schools Project shall report on the implementation of the grant to the State Board of Education, State Board of Community Colleges, Office of the Governor, and the Joint Legislative Education Oversight Committee no later than March 15, 2016, and annually thereafter until the end of the grant period.
STUDY ON CHARTER SCHOOL CLOSURE FUNDS
SECTION 8.28.(a) The State Board of Education shall study and develop a proposed policy regarding circumstances in which a charter school, approved by the State Board pursuant to G.S. 115C‑218.5, shall not be subject to the minimum value requirement of fifty thousand dollars ($50,000) as required by G.S. 115C‑218.100 for the purposes of ensuring payment of expenses related to closure proceedings. The State Board shall consider providing certain charter schools with a total or partial waiver of the requirement. In doing so, the State Board shall examine criteria for potentially eligible charter schools, such as the years of operation of the charter school, proven compliance with finance, governance, academic requirements of its charter, State law, and State Board policy requirements, as well as appropriate documentation to show the charter school's financial health and sustainability.
SECTION 8.28.(b) By February 15, 2016, the State Board of Education shall report to the Joint Legislative Education Oversight Committee on the results of the study and a proposed policy as required by subsection (a) of this section, including any legislative recommendations.
TEXTBOOKS AND DIGITAL RESOURCES ALLOTMENT/USE OF FUNDS
SECTION 8.33. G.S. 115C‑105.25(c) reads as rewritten:
"(c) To ensure that parents, educators, and the general public are informed on how State funds have been used to address local educational priorities, each local school administrative unit shall publish the following information on its Web site by October 15 of each year:
(1) A description of each program report code, written in plain English, and a summary of the prior fiscal year's expenditure of State funds within each program report code.
(2) A description of each object code within a program report code, written in plain English, and a summary of the prior fiscal year's expenditure of State funds for each object code.
(3) A description of each allotment transfer that increased or decreased the initial allotment amount by more than five percent (5%) and the educational priorities that necessitated the transfer.
(4) A description of any transfer of funds from the textbooks and digital resources allotment into another allotment category with an explanation of why the transfer from the textbooks and digital resources allotment was made to a different allotment category.
(5) A chart that clearly reflects how the local school administrative unit spent State funds."
STUDY ON JUVENILE LITERACY PROGRAM
SECTION 8.34.(a) The Joint Legislative Education Oversight Committee shall study the results of the Juvenile Literacy Center program established in Wake County. In conducting the study, the Committee shall do at least the following:
(1) Examine the impact of the program on (i) improving basic literacy skills, (ii) reintegrating juveniles into schools, (iii) preventing criminal behavior and recidivism, (iv) developing overall academic skills, and (v) addressing problem behaviors in school.
(2) Evaluate the existing program for potential expansion into other counties, including projected costs, feasibility of implementation, and recommendations for locations for additional programs.
SECTION 8.34.(b) The Committee shall report the results of its study and any recommendations on the expansion of the program, including proposed legislation, to the 2015 General Assembly upon the convening of the 2016 Regular Session.
Budget Reductions/Department of Public Instruction
SECTION 8.37.(b) In implementing budget reductions for the 2015‑2017 fiscal biennium, the State Board of Education shall make no reduction to funding or positions for (i) the North Carolina Center for Advancement of Teaching and (ii) the Eastern North Carolina School for the Deaf, the North Carolina School for the Deaf, and the Governor Morehead School, except that the State Board may, in its discretion, reduce positions at these institutions that have been vacant for more than 16 months. The State Board shall also make no reduction in funding to any of the following entities:
(1) Communities in Schools of North Carolina, Inc.
(2) Teach For America, Inc.
(3) Beginnings for Parents of Children who are Deaf or Hard of Hearing, Inc.
Local Boards of Education/Performance‑Based RIFS
SECTION 8.38.(a) G.S. 115C‑325.4 is amended by adding a new subsection to read:
"(c) Local boards of education shall adopt a policy for implementing a reduction in force pursuant to subdivision (a)(15) of this section that includes the following criteria:
(1) In determining which positions shall be subject to a reduction, a local school administrative unit shall consider the following:
a. Structural considerations, such as identifying positions, departments, courses, programs, operations, and other areas where there are (i) less essential, duplicative, or excess personnel; (ii) job responsibility and position inefficiencies; (iii) opportunities for combined work functions; and (iv) decreased student or other demands for curriculum, programs, operations, or other services.
b. Organizational considerations, such as anticipated organizational needs of the school system and program or school enrollment.
(2) In identifying which teachers in similar positions shall be subject to a dismissal, demotion, or reduction to employment on a part‑time basis under the policy, a local school administrative unit shall consider work performance and teacher evaluations."
SECTION 8.38.(b) G.S. 115C‑325(e)(2) reads as rewritten:
"(2) Reduction in Force. –
a. A local board of education shall adopt a policy for implementing a reduction in force pursuant to sub‑subdivision (e)(1)l. of this section that includes the following criteria:
1. In determining which positions shall be subject to a reduction, a local school administrative unit shall consider the following:
I. Structural considerations, such as identifying positions, departments, courses, programs, operations, and other areas where there are (i) less essential, duplicative, or excess personnel; (ii) job responsibility and position inefficiencies; (iii) opportunities for combined work functions; and (iv) decreased student or other demands for curriculum, programs, operations, or other services.
II. Organizational considerations, such as anticipated organizational needs of the school system and program or school enrollment.
2. In identifying which teachers in similar positions shall be subject to a dismissal, demotion, or reduction to employment on a part‑time basis under the policy, a local school administrative unit shall consider work performance and teacher evaluations.
b. Before recommending to a board the dismissal or demotion of the career employee pursuant to G.S. 115C‑325(e)(1)l., the superintendent shall give written notice to the career employee by certified mail or personal delivery of his intention to make such recommendation and shall set forth as part of his or her recommendation the grounds upon which he or she believes such dismissal or demotion is justified. The notice shall include a statement to the effect that if the career employee within 15 days after receipt of the notice requests a review, he or she shall be entitled to have the proposed recommendations of the superintendent reviewed by the board. Within the 15‑day period after receipt of the notice, the career employee may file with the superintendent a written request for a hearing before the board within 10 days. If the career employee requests a hearing before the board, the hearing procedures provided in G.S. 115C‑325(j3) shall be followed. If no request is made within the 15‑day period, the superintendent may file his or her recommendation with the board. If, after considering the recommendation of the superintendent and the evidence adduced at the hearing if there is one, the board concludes that the grounds for the recommendation are true and substantiated by a preponderance of the evidence, the board, if it sees fit, may by resolution order such dismissal. Provisions of this section which permit a hearing by a hearing officer shall not apply to a dismissal or demotion recommended pursuant to G.S. 115C‑325(e)(1)l.
When a career employee is dismissed pursuant to G.S. 115C‑325(e)(1)l., above, his or her name shall be placed on a list of available career employees to be maintained by the board."
SECTION 8.38.(c) Effective June 30, 2018, G.S. 115C‑325(e)(2), as amended by this section, is repealed.
SECTION 8.39.(a) G.S. 115C‑216 reads as rewritten:
"§ 115C‑216. Boards of education required to provide courses in operation of motor vehicles.
(a) Course of Training and Instruction Required in Public High Schools. – Local boards of education shall offer noncredit driver education courses in high schools using the standardized curriculum provided by the Department of Public Instruction.
(b) Inclusion of Expense in Budget. – The local boards of education shall include as an item of instructional service and as a part of the current expense fund of the budget of the high schools under their supervision, the expense necessary to offer the driver education course.
(c) through (f) Repealed by Session Laws 1991, c. 689, s. 32(c).
(g) Fee for Instruction. – The local boards of
education shall fund driver education courses from funds available to them and
may charge each student participating in a driver education course a fee of
up to sixty‑five dollars ($65.00) to offset in an amount not to
exceed the actual costs of providing the training and
instruction.course."
SECTION 8.39.(b) Article 14 of Chapter 115C of the General Statutes is repealed.
SECTION 8.39.(c) G.S. 20‑7(m)(1) reads as rewritten:
"(1) An applicant who is less than 18 years old and
is enrolled in a drivers education program that is approved by the State
Superintendent of Public Instruction meets the requirements set forth in
G.S. 115D‑76.5 and is offered at a public high school,by
a community college or at a nonpublic secondary school,school
or a licensed driverscommercial driver training school."
SECTION 8.39.(e) G.S. 20‑81.12(b86) reads as rewritten:
"(b86) Concerned Bikers Association/ABATE of North
Carolina. – The Division must receive 300 or more applications for the "Concerned
Bikers Association/ABATE of North Carolina" plate before the plate may be
developed. The Division shall transfer quarterly the money in the Collegiate
and Cultural Attraction Plate Account derived from the sale of the "Concerned
Bikers Association/ABATE of North Carolina" plates to the Department of
Public Instruction Community Colleges System Office to support the
driver training and safety education program established pursuant to G.S. 115C‑215G.S. 115D‑76.5
and to support motorcycle safety and awareness training as part of the driver
training program."
SECTION 8.39.(f) G.S. 20‑88.1(d) reads as rewritten:
"(d) The Division shall prepare a driver license
handbook that explains the traffic laws of the State and shall periodically
revise the handbook to reflect changes in these laws. At the request of the Department
of Public Instruction,Community Colleges System Office, the Division
shall provide free copies of the handbook to that Department the System
Office for use in the program of driver education offered at public high
schools.by community colleges."
SECTION 8.39.(g) G.S. 20‑129(a)(4) reads as rewritten:
"(4) At any other time when windshield wipers are in
use as a result of smoke, fog, rain, sleet, or snow, or when inclement weather
or environmental factors severely reduce the ability to clearly discern persons
and vehicles on the street and highway at a distance of 500 feet ahead, provided,
however, the provisions of this subdivision shall not apply to instances when
windshield wipers are used intermittently in misting rain, sleet, or snow. Any
person violating this subdivision during the period from October 1, 1990,
through December 31, 1991, shall be given a warning of the violation only.
Thereafter, any person violating this subdivision shall have committed an
infraction and shall pay a fine of five dollars ($5.00) and shall not be
assessed court costs. No drivers license points, insurance points or premium
surcharge shall be assessed on account of violation of this subdivision and no
negligence or liability shall be assessed on or imputed to any party on account
of a violation of this subdivision. The Commissioner of Motor Vehicles and the Superintendent
of Public Instruction State Board of Community Colleges shall
incorporate into driver education programs and driver licensing programs
instruction designed to encourage compliance with this subdivision as an
important means of reducing accidents by making vehicles more discernible
during periods of limited visibility."
SECTION 8.39.(h) G.S. 20‑135.2A(g) reads as rewritten:
"(g) The Commissioner of Motor Vehicles and the Department
of Public Instruction State Board of Community Colleges shall
incorporate in driver education programs and driver licensing programs
instructions designed to encourage compliance with this section as an important
means of reducing the severity of injury to the users of restraint devices and
on the requirements and penalties specified in this law."
SECTION 8.39.(i) G.S. 20‑322(b) reads as rewritten:
"(b) Regulations adopted by the Commissioner shall
state the requirements for a school license, including requirements concerning
location, equipment, courses of instruction, instructors, financial statements,
schedule of fees and charges, character and reputation of the operators,
insurance, bond or other security in such sum and with such provisions as the
Commissioner deems necessary to protect adequately the interests of the public,
and such other matters as the Commissioner may prescribe. A driver education
course offered to prepare an individual for a limited learner's permit or
another provisional license must meet the requirements set in G.S. 115C‑215
G.S. 115D‑76.5 for the program of driver education
offered in the public schools.by community colleges."
SECTION 8.39.(j) G.S. 105‑187.6(a)(8) reads as rewritten:
"(8) To a local board of education board
of trustees of a community college for use in the driver education program of
a public school of the community college when the motor vehicle is
transferred:
a. By a retailer and is to be transferred back to the
retailer within 300 days after the transfer to the local board.board
of trustees of the community college.
b. By a local board of education.board of
trustees of the community college."
SECTION 8.39.(k) G.S. 115C‑12(28) reads as rewritten:
"(28) Duty to Develop Rules for Issuance of Driving Eligibility Certificates. – The State Board of Education shall adopt the following rules to assist schools in their administration of procedures necessary to implement G.S. 20‑11 and G.S. 20‑13.2:
a. To define what is equivalent to a high school diploma for the purposes of G.S. 20‑11 and G.S. 20‑13.2. These rules shall apply to all educational programs offered in the State by public schools, charter schools, nonpublic schools, or community colleges.
b. To establish the procedures a person who is or was enrolled in a public school or in a charter school must follow and the requirements that person shall meet to obtain a driving eligibility certificate.
c. To require the person who is required under G.S. 20‑11(n) to sign the driving eligibility certificate to provide the certificate if he or she determines that one of the following requirements is met:
1. The person seeking the certificate is eligible for the certificate under G.S. 20‑11(n)(1) and is not subject to G.S. 20‑11(n1).
2. The person seeking the certificate is eligible for the certificate under G.S. 20‑11(n)(1) and G.S. 20‑11(n1).
These rules shall apply to public schools and charter schools.
d. To provide for an appeal to an appropriate education authority by a person who is denied a driving eligibility certificate. These rules shall apply to public schools and charter schools.
e. To define exemplary student behavior and to define what constitutes the successful completion of a drug or alcohol treatment counseling program. These rules shall apply to public schools and charter schools.
The State Board also shall develop policies as to when it is appropriate to notify the Division of Motor Vehicles that a person who is or was enrolled in a public school or in a charter school no longer meets the requirements for a driving eligibility certificate.
The State Board shall develop a form for parents, guardians, or emancipated juveniles, as appropriate, to provide their written, irrevocable consent for a school to disclose to the Division of Motor Vehicles that the student no longer meets the conditions for a driving eligibility certificate under G.S. 20‑11(n)(1) or G.S. 20‑11(n1), if applicable, in the event that this disclosure is necessary to comply with G.S. 20‑11 or G.S. 20‑13.2. Other than identifying under which statutory subsection the student is no longer eligible, no other details or information concerning the student's school record shall be released pursuant to this consent. This form shall be used for students enrolled in public schools or charter schools.
The State Board of Education may
use funds appropriated for drivers education to cover the costs of driving
eligibility certificates."
SECTION 8.39.(l) Subsection (a) of this section applies for the 2015‑2016 school year only. Subsections (b) through (k) of this section become effective July 1, 2016.
Office of Educator Licensure/Transfer from Licensure section
SECTION 8.40.(a) Article 20 of Chapter 115C of the General Statutes is amended by adding a new section to read:
"§ 115C‑295.5. Office of Educator Licensure.
(a) There is created the Office of Educator Licensure (OEL), which shall be under the control of the State Board of Education. The OEL shall consist of an executive director appointed by the State Board of Education and such other professional, administrative, technical, and clerical personnel as may be necessary to assist the OEL in carrying out its powers and duties within the funds available for this purpose. The State Board may direct the Department of Public Instruction to provide technical and administrative support to the OEL.
(b) The OEL shall execute the rules and regulations established by the State Board of Education for renewal and extension of all licenses.
(c) The OEL shall ensure that initial licenses and license renewals are processed and issued in a timely and accurate manner as follows:
(1) The OEL shall work cooperatively with local school administrative units, charter schools, regional schools, schools of education, individuals seeking licensure, the Department of Public Instruction, and educator licensing entities in other states.
(2) The OEL shall use electronic means of processing applications, to the extent practicable, to process all applications and concerns and shall ensure that applicants can ascertain progress and communicate with the OEL on processing of applications electronically.
(d) The OEL shall maintain information on a publicly accessible Web site about the following:
(1) The process for licensure for educators in the State, including initial licensure, renewal of licensure, licensure reciprocity with other states, and lateral entry licensure.
(2) Licensure fee schedules.
(3) Licensure policies related to experience and degree credit for salary purposes.
(4) Licensure suspension and revocation.
(5) The current status of licensed educators in the State in a searchable format.
(e) The OEL shall maintain and make available statistical information about licensure in the State on a publicly accessible Web site, including the following:
(1) Updated at least weekly:
a. Number of applications received and transactions completed.
b. Number of newly licensed educators.
c. Number of licensure renewals.
(2) Updated at least annually:
a. Demographic information regarding currently licensed educators.
b. Number of licenses issued by area of licensure and type of license.
c. Number of initial licenses for the following:
1. Graduates of educator preparation programs.
2. Lateral entry.
3. International educators.
4. Out‑of‑State educators seeking reciprocity.
(f) The OEL shall be supported by fees as provided in G.S. 115C‑296(a2)."
SECTION 8.40.(b) Within 60 days of the date this act becomes law, the State Board of Education shall appoint an executive director of the Office of Educator Licensure (OEL) in accordance with G.S. 115C‑295.5, as enacted by subsection (a) of this section. Notwithstanding G.S. 115C‑295.5, the OEL shall not be subject to carrying out the duties and responsibilities required by G.S. 115C‑295.5 until January 1, 2016. The position of the executive director of the OEL shall be supported by fees as provided in G.S. 115C‑296(a2).
SECTION 8.40.(c) Effective January 1, 2016, the Licensure Section within the Department of Public Instruction is dissolved and the duties and functions of that section are transferred to the OEL, established under G.S. 115C‑295.5, as enacted by subsection (a) of this section. This transfer shall have all of the elements of a Type I transfer, as defined in G.S. 143A‑6. Prior to the transfer on January 1, 2016, the executive director of the OEL shall, in consultation with the Licensure Section within the Department of Public Instruction, develop and implement a transition plan that addresses the transfer of duties and functions of the Licensure Section to the OEL to minimize disruption in the provision of services for educator licensure and renewals.
modify Educator Preparation Program approval process
SECTION 8.41.(a) Article 20 of Chapter 115C of the General Statutes is amended by adding new sections to read:
"§ 115C‑296.8. Educator preparation program approval process.
(a) The State Board of Education, as lead agency, in coordination and cooperation with the Board of Governors of The University of North Carolina, the State Board of Community Colleges, the North Carolina Independent Colleges and Universities, Inc., and such other public and private agencies as are necessary, shall establish standards for approval of educator preparation programs. Graduates of educator preparation programs operating in this State that have either (i) not been approved by the State Board or (ii) are not nationally accredited shall be ineligible for an initial license as a new, in‑State approved program graduate.
(b) The standards for approval of educator preparation programs shall require that educator preparation program providers be either State‑approved or nationally accredited. North Carolina program approval site visitors shall coordinate with educator preparation programs seeking national accreditation. State educator preparation program approval shall include the following components:
(1) Adoption of rules for granting State approval to educator preparation programs and units. These rules shall mirror national accreditation in efforts to maintain the same level of quality preparation across programs. The rules shall include all content, pedagogy, and clinical requirements required by State law.
(2) A State peer review process that includes highly qualified and trained members to adequately review programs within the State.
(3) Technical assistance to educator preparation programs in efforts to do the following:
a. Improve education quality and educator preparation program performance.
b. Inform programs about the program approval process as part of educator preparation program performance based on outcome data.
c. Assist with State and federal reporting process.
d. Help build and maintain partnerships between elementary and secondary schools and educator preparation programs.
(c) The State Board of Education may place an approved educator preparation program provider on probationary status and require a plan for improvement on any of the unmet standards for the program, or revoke educator preparation program approval, for any of the following reasons:
(1) Failing to report required information to the State Board of Education as part of the reporting requirement.
(2) Offering misleading or false information about approved programs.
(3) Accepting students into any part of an educator preparation program that is not approved by the State Board of Education.
(4) Failing to comply with the educator preparation program review process.
(5) Failing to meet standards for approval set forth by the State Board of Education.
"§ 115C‑296.9. Minimum admissions requirements for educator preparation programs.
(a) Testing. – An undergraduate student seeking a degree in education shall attain passing scores on a preprofessional skills test prior to admission to an approved program in the State. The State Board of Education shall permit students to fulfill this requirement by achieving the prescribed minimum scores set by the State Board of Education for the Praxis Core tests or by achieving the appropriate required scores, as determined by the State Board of Education, on the verbal and mathematics portions of the SAT or ACT. The minimum combined verbal and mathematics score set by the State Board for the SAT shall be 1,100 or greater. The minimum composite score set by the State Board for the ACT shall be 24 or greater.
(b) Grade Point Average. – An approved educator preparation program in the State shall not admit an undergraduate student into an educator preparation program unless that student has earned a minimum cumulative grade point average of at least a 2.7. An approved educator preparation program shall ensure that the minimum cohort grade point average for each entering cohort to an educator preparation program is at least a 3.0.
"§ 115C‑296.10. Content and pedagogy requirements.
(a) Content and Pedagogy Requirements for Educator Preparation Programs. – To ensure that educator preparation programs remain current and reflect a rigorous course of study that is aligned to State and national standards, the State Board of Education, in consultation with the Board of Governors of The University of North Carolina and the North Carolina Independent Colleges and Universities, Inc., shall require that the rules for approval of educator preparation programs include the following requirements with demonstrated competencies:
(1) All educator preparation programs shall include the following:
a. The identification and education of children with disabilities.
b. Positive management of student behavior and effective communication techniques for defusing and deescalating disruptive or dangerous behavior.
c. Demonstration of competencies in using digital and other instructional technologies to provide high‑quality, integrated digital teaching and learning to all students.
(2) Elementary education teacher education preparation programs shall include the following:
a. Adequate coursework in the teaching of reading, writing, and mathematics.
b. Assessment prior to licensure to determine if a student possesses the requisite knowledge in scientifically based reading, writing, and mathematics instruction that is aligned with the State Board's expectations.
c. Instruction in application of formative and summative assessments within the school and classroom setting through technology‑based assessment systems available in North Carolina schools that measure and predict expected student improvement.
d. Instruction in integration of arts education across the curriculum.
(3) Elementary and special education general curriculum teacher education preparation programs shall ensure that students receive instruction in early literacy intervention strategies and practices that are aligned with State and national reading standards and shall include the following:
a. Instruction in the teaching of reading, including a substantive understanding of reading as a process involving oral language, phonological and phonemic awareness, phonics, fluency, vocabulary, and comprehension. Instruction shall include appropriate application of instructional supports and services and reading interventions to ensure reading proficiency for all students.
b. Instruction in evidence‑based assessment and diagnosis of specific areas of difficulty with reading development and of reading deficiencies.
c. Instruction in appropriate application of instructional supports and services and reading interventions to ensure reading proficiency for all students.
(4) Middle and high school science teacher education preparation programs shall include adequate preparation in issues related to science laboratory safety.
(b) School Administrator Preparation Programs. – Rules for approval of school administrator preparation programs shall incorporate the criteria developed in accordance with G.S. 116‑74.21 for assessing proposals under the School Administrator Training Program.
"§ 115C‑296.11. Clinical partnerships and practice in educator preparation programs.
(a) As used in this section, the following definitions shall apply:
(1) Clinical educator. – An individual employed by an elementary or secondary school, including a classroom teacher, who assesses, supports, and develops a student's knowledge, skills, and professional disposition during the clinical experience.
(2) Internship. – Part of a formal program to provide practical experience and training for beginners in the education profession.
(3) Residency. – A specified period of time in which a person is employed by a local school administrative unit to gain practical experience and training in educator preparation.
(b) The State Board of Education, in consultation with the Board of Governors of The University of North Carolina and the North Carolina Independent Colleges and Universities, Inc., shall adopt and establish rules for educator preparation that require at least the following:
(1) Educator preparation programs shall establish and maintain collaborative, formalized partnerships with elementary and secondary schools that are focused on student achievement, continuous school improvement, and the professional development of elementary and secondary educators, as well as those preparing educators.
(2) Educator preparation programs shall work collaboratively with elementary and secondary schools and enter into a memorandum of understanding with local school administrative units where students are placed. In the memorandum, the educator preparation program and the local school administrative unit shall:
a. Define the collaborative relationship between the educator preparation program and the local school administrative unit and how this partnership will be focused on continuous school improvement and student achievement.
b. Adopt a plan for collaborative teacher selection, orientation, and student placement.
c. Determine how information will be shared and verified between the educator preparation program and local school administrative unit.
(3) Educator preparation programs shall ensure clinical educators who supervise students in residencies or internships meet the following requirements:
a. Be professionally licensed in the field of licensure sought by the student.
b. Have a minimum of three years of experience in a teaching role.
c. Have been rated, through formal evaluations, at least at the "accomplished" level as part of the North Carolina Teacher Evaluation System and have met expectations as part of student growth in the field of licensure sought by the student.
(4) Educator preparation programs shall require, in all programs leading to initial licensure, field experiences that include organized and sequenced engagement of students in settings that provide them with opportunities to observe, practice, and demonstrate knowledge and skills. The experiences shall be systematically designed and sequenced to increase the complexity and levels of engagement with which students apply, reflect upon, and expand their knowledge and skills.
(5) Educator preparation programs shall require clinical practice in the form of residencies or internships in those fields for which they are approved by the State Board of Education. Residencies or internships shall be a minimum of 16 weeks. Residencies and internships may be over the course of two semesters and shall, to the extent practicable, provide student experiences at both the beginning and ending of the school year.
(6) Educator preparation programs with a clinical practice component shall require, in addition to a content assessment, a nationally normed and valid pedagogy assessment to determine clinical practice performance. Passing scores and mastery criteria will be determined by the State Board of Education.
"§ 115C‑296.12. Lateral entry teacher education preparation programs.
(a) It is the policy of the State of North Carolina to encourage lateral entry into the profession of teaching by skilled individuals from the private sector. Skilled individuals who choose to enter the profession of teaching laterally may be granted an initial teaching license for no more than three years and shall be required to obtain licensure required for those who have taught more than three years before contracting for a fourth year of service with any local school administrative unit in this State. The criteria and procedures for lateral entry shall include preservice training in all of the following areas:
(1) The identification and education of children with disabilities.
(2) Positive management of student behavior.
(3) Effective communication for defusing and deescalating disruptive or dangerous behavior.
(4) Safe and appropriate use of seclusion and restraint.
(b) The State Board of Education, in consultation with the State Board of Community Colleges and North Carolina Independent Colleges and Universities, Inc., may provide a competency‑based program of study for lateral entry teachers to complete the coursework necessary to earn a teaching license. To this end, the State Board of Education, in consultation with the State Board of Community Colleges and North Carolina Independent Colleges and Universities, Inc., shall establish a competency‑based program of study for lateral entry teachers to be implemented within the Community College System and at approved educator preparation programs at private, nonprofit two‑year colleges. These programs shall meet standards set by the State Board of Education. To ensure that programs of study for lateral entry remain current and reflect a rigorous course of study that is aligned to State and national standards, the State Board of Education shall do all of the following to ensure that lateral entry personnel are prepared to teach:
(1) Provide adequate coursework in the teaching of reading and mathematics for lateral entry teachers seeking certification in elementary education.
(2) Assess lateral entry teachers prior to licensure to determine that they possess the requisite knowledge in scientifically based reading and mathematics instruction that is aligned with the State Board's expectations.
(3) Prepare all lateral entry teachers to apply formative and summative assessments within the school and classroom setting through technology‑based assessment systems available in North Carolina schools that measure and predict expected student improvement.
(4) Require that lateral entry teachers demonstrate competencies in using digital and other instructional technologies to provide high‑quality, integrated digital teaching and learning to all students.
(c) The State Board of Community Colleges and the State Board of Education shall jointly identify the community college courses and the educator preparation program courses that are necessary and appropriate for inclusion in the community college program of study for lateral entry teachers. To the extent possible, any courses that must be completed through an approved educator preparation program shall be taught on a community college campus or shall be available through distance learning. The State Board of Education shall identify the appropriate courses for a private, nonprofit two‑year college to include in the program of study for lateral entry teachers.
(d) In order to participate in the community college or private, nonprofit two‑year college program of study for lateral entry teachers, an individual must hold at least a bachelor's degree from a regionally accredited institution of higher education.
(e) An individual who successfully completes the lateral entry program of study and meets all other requirements of licensure set by the State Board of Education shall be recommended for a North Carolina teaching license.
(f) It is further the policy of the State of North Carolina to ensure that local boards of education can provide the strongest possible leadership for schools based upon the identified and changing needs of individual schools. The State Board of Education shall carefully consider a lateral entry program for school administrators to ensure that local boards of education will have sufficient flexibility to attract able candidates.
"§ 115C‑296.13. Educator preparation program reporting.
(a) Annual Performance Reports. – The State Board of Education shall require all approved educator preparation programs, including master's degree programs in teacher preparation and master's degree programs in school administration, to submit annual performance reports. The performance reports shall provide the State Board of Education with a focused review of the programs and the current process of accrediting these programs in order to ensure that the programs produce graduates that are well prepared to teach.
(b) Required Elements. – The performance report for each educator preparation program in North Carolina shall follow a common format and include at least the following elements:
(1) Quality of students entering the educator preparation program, including the average grade point average and average score on preprofessional skills tests that assess reading, writing, mathematics, and other competencies.
(2) Graduation rates.
(3) Time‑to‑graduation rates.
(4) Average scores of graduates on professional and content area examination for the purpose of licensure.
(5) Percentage of graduates receiving initial licenses.
(6) Percentage of graduates hired as teachers.
(7) Percentage of graduates remaining in teaching for four years.
(8) Graduate satisfaction based on a common survey.
(9) Employer satisfaction based on a common survey.
(10) Effectiveness of teacher preparation program graduates.
(c) Submission of Annual Performance Reports. – Performance reports shall be provided annually to the Board of Governors of The University of North Carolina, the State Board of Education, and the boards of trustees of nonpublic postsecondary colleges. The State Board of Education shall review the educator preparation program performance reports each year the performance reports are submitted.
(d) Educator Preparation Program Report Card. – The State Board shall create a higher education educator preparation program report card reflecting the information collected in the annual performance reports for each North Carolina institution offering educator preparation programs. The report cards shall, at a minimum, summarize information reported on all of the performance indicators for the performance reports required by subsection (b) of this section.
(e) Annual State Board of Education Report. – The educator preparation program report cards shall be submitted to the Joint Legislative Education Oversight Committee on an annual basis by November 15.
(f) State Board of Education Action Based on Performance. – Based upon the performance reports and other criteria established by the State Board, the State Board may reward an educator preparation program, impose probationary status and plans of improvement on an educator preparation program, or revoke approval of an educator preparation program."
SECTION 8.41.(b) G.S. 115C‑296(b) reads as rewritten:
"(b) It is the policy of the State of North
Carolina to maintain the highest quality teacher education programs and school
administrator programs in order to enhance the competence of professional
personnel licensed in North Carolina. To the end that teacher preparation
programs are upgraded to reflect a more rigorous course of study, the The
State Board of Education, as lead agency in coordination and cooperation
with the University Board of Governors, the State Board of Community
Colleges and such other public and private agencies as are necessary, shall
continue to refine the several licensure requirements, standards for
approval of institutions of teacher education, standards for institution based
innovative and experimental programs, standards for implementing consortium
based teacher education, and standards for improved efficiencies in the
administration of the approved programs [, as follows]:as follows:
…."
SECTION 8.41.(c) G.S. 115C‑296(b)(2) is repealed.
SECTION 8.41.(d) G.S. 115C‑296(b1) is repealed.
SECTION 8.41.(e) G.S. 115C‑296(b2) is repealed.
SECTION 8.41.(f) G.S. 115C‑296(c) is repealed.
SECTION 8.41.(g) G.S. 115C‑296(c1) is repealed.
SECTION 8.41.(h) G.S. 115C‑296(c2) is repealed.
SECTION 8.41.(i) G.S. 115C‑296.7(g) reads as rewritten:
"(g) NC Teaching Corps members shall be granted
lateral entry teaching licenses pursuant to G.S. 115C‑296(c).G.S. 115C‑296.12(a)."
SECTION 8.41.(j) G.S. 115D‑5(p) reads as rewritten:
"(p) The North Carolina Community College System
may offer courses, in accordance with the lateral entry program of study
established under G.S. 115C 296(c1), G.S. 115C‑296.12,
to individuals who choose to enter the teaching profession by lateral
entry."
SECTION 8.41.(k) Educator preparation programs approved by the State Board of Education as of July 1, 2015, shall meet the requirements of subsection (a) of this section no later than July 1, 2017. Educator preparation programs seeking approval by the State Board of Education on or after July 1, 2015, shall meet the requirements of subsection (a) of this section at the time approval is sought from the State Board of Education. The State Board of Education shall not require students enrolled in educator preparation programs that require a nationally normed and valid pedagogy assessment to determine clinical practice performance to provide scores for a pedagogy assessment based on multiple choice or constructed responses.
Access for Teachers to EVAAS Data
SECTION 8.42.(a) Article 22 of Chapter 115C of the General Statutes is amended by adding a new section to read:
"§ 115C‑333.2. Teacher evaluation reports.
Each local school administrative unit shall ensure that individual teachers are provided access to school‑level value‑added data, the teacher's own value‑added data, when applicable, and the teacher's evaluation dashboard through the Education Value‑Added Assessment System (EVAAS). The principal of each school shall notify teachers at least annually when EVAAS data has been updated to reflect teacher performance from the previous school year."
SECTION 8.42.(b) This section applies beginning with the 2015‑2016 school year.
Certain CIHS Operating WIthout Additional Funds
SECTION 8.43. Notwithstanding G.S. 115C‑238.51A(c) and G.S. 115C‑238.54, the Academy at High Point Central, the Academy at Ben L. Smith High School, STEM Early College at NC A&T State University, Middle College at the University of North Carolina at Greensboro, Vernon Malone College and Career Academy, and the Northeast Regional School of Biotechnology and Agriscience shall be permitted to operate in accordance with G.S. 115C‑238.53 and G.S. 115C‑238.54 as cooperative innovative high schools approved under G.S. 115C‑238.51A(c) and shall be subject to the evaluation requirements of G.S. 115C‑238.55.
part viii‑a. LEGISLATIVE FINDINGS, DIRECTION, AUTHORITY, AND RESOURCES TO ENSURE THAT ALL STUDENTS HAVE THE OPPORTUNITY TO receive A SOUND BASIC EDUCATION
Legislative findings
SECTION 8A.1.(a) The General Assembly finds that some local boards of education are not in compliance with the requirements of the judiciary's decisions in Leandro to provide all public school students the opportunity to receive a sound basic education. Notwithstanding a history of adequate State and local funding and legislatively‑granted flexibility in administration, management, and employment at the local level to provide tools to facilitate compliance with Leandro, some local boards of education have failed to take actions sufficient to:
(1) Prevent education bureaucracies from interfering with and overriding accountability measures and education reforms required by State law.
(2) Properly administer the public schools.
(3) Provide high‑quality principals in every school and high‑quality teachers in every classroom.
SECTION 8A.1.(b) It is the intent of the General Assembly in this act to provide the following additional direction, authority, and resources to local boards of education and to the State Board of Education to enable them to correct these deficiencies:
(1) Clarify the role of local boards of education to ensure that their main focus is to provide each public school student with the opportunity to receive a sound basic education, and that all policy decisions should be made with that objective in mind, including employment decisions, budget development, and other administrative actions.
(2) Direct the State Board of Education not to allow waivers of State laws and rules that permit local boards to avoid accountability measures and education reforms required by the State.
(3) Provide additional teacher positions to transition to lower class size in kindergarten through third grade and require local boards of education to use those positions to maintain class sizes that, according to research, are optimal for learning at this critical time.
(4) Facilitate the identification of low‑performing schools and low‑performing local school administrative units.
(5) Provide the State Board of Education with authority to consolidate local school administrative units in contiguous counties as necessary to ensure that all school systems have the size, expertise, and other resources necessary to provide their students with the opportunity to receive a sound basic education.
(6) Provide one hundred fifty‑seven million ninety‑six thousand four hundred thirty‑seven dollars ($157,096,437) in additional funds to increase the base teacher salary paid by the State and provide additional funds for the salaries of principals and assistant principals.
duty of Local Boards of Education to provide students with the opportunity to RECEIVE a sound basic education
SECTION 8A.2. G.S. 115C‑47(1) reads as rewritten:
"(1) To Provide an Adequate School System. the
Opportunity to Receive a Sound Basic Education. It shall be the duty of
local boards of education to provide adequate school systems students
with the opportunity to receive a sound basic education and to make all policy
decisions with that objective in mind, including employment decisions, budget
development, and other administrative actions, within their respective local
school administrative units, as directed by law."
class size in kindergarten through third grade
SECTION 8A.3.(a) G.S. 115C‑301 reads as rewritten:
"§ 115C‑301. Allocation of teachers; class size.
(a) Request for Funds. – The State Board of Education, based upon the reports of local boards of education and such other information as the State Board may require from local boards, shall determine for each local school administrative unit the number of teachers and other instructional personnel to be included in the State budget request.
(b) Allocation of Positions. – The State Board of Education is authorized to adopt rules to allot instructional personnel and teachers, within funds appropriated.
(c) Maximum Class Size for Kindergarten Through Third Grade. – The average class size for kindergarten through third grade in a local school administrative unit shall at no time exceed the funded allotment ratio of teachers to students in kindergarten through third grade. At the end of the second school month and for the remainder of the school year, the size of an individual class in kindergarten through third grade shall not exceed the allotment ratio by more than three students. In grades four through 12, local school administrative units shall have the maximum flexibility to use allotted teacher positions to maximize student achievement.
(d), (e) Repealed by Session Laws 2013‑363, s. 3.3(a), effective July 1, 2013.
(f) Second Month Reports. – At the end of the second month of each school year, each local board of education, through the superintendent, shall file a report for each school within the school unit with the State Board of Education. The report shall be filed in a format prescribed by the State Board of Education and shall include the organization for each school, the duties of each teacher, the size of each class, and such other information as the State Board may require. As of February 1 each year, local boards of education, through the superintendent, shall report all exceptions to individual class size maximums in kindergarten through third grade that occur at that time.
(g) Waivers and Allotment Adjustments. – Local boards
of education shall report exceptions to the class size requirements set out for
kindergarten through third grade and significant increases in class size at
other grade levels to the State Board and shall request allotment adjustments
at any grade level, waivers from the requirements for kindergarten through
third grade, or both. Within 45 days of receipt of reports, the State Board of
Education, within funds available, may allot additional positions at any
grade level. The State Board shall not grant waivers for the excess
class size in kindergarten through third grade.grade, except under
the following circumstances: (i) emergencies or acts of God that impact the availability
of classroom space or facilities; (ii) an unanticipated increase in student
population of an individual school in excess of two percent (2%) of the average
daily membership of that school; (iii) organizational problems in geographically
isolated local school administrative units in which the average daily
membership is less than one and one‑half per square mile; (iv) classes
organized for a solitary curricular area; or (v) a charter school closure.
(h) State Board Rules. – The State Board of Education shall adopt rules necessary for the implementation of this section.
(i) Repealed by Session Laws 2013‑363, s. 3.3(a), effective July 1, 2013.
(j) Penalty for Noncompliance. – If the State Board of Education determines that a local superintendent has willfully failed to comply with the requirements of this section, no State funds shall be allocated to pay the superintendent's salary for the period of time the superintendent is in noncompliance. The local board of education shall continue to be responsible for complying with the terms of the superintendent's employment contract."
SECTION 8A.3.(b) Notwithstanding G.S. 115C‑301, as amended by this section, for the 2015‑2016 school year only, the funded class size allotment ratio, the maximum average class size for all classes within a local school administrative unit, and the maximum individual class size for kindergarten through third grade are as follows:
Grade Level Funded Maximum Average Maximum Individual
Class Size Class Size Class Size
Kindergarten 18 21 24
1‑3 16 19 22.
SECTION 8A.3.(c) For the 2016‑2017 school year, the funded class size allotment ratio, the maximum average class size for all classes within a local school administrative unit, and the maximum individual class size for kindergarten through third grade are as follows:
Grade Level Funded Maximum Average Maximum Individual
Class Size Class Size Class Size
Kindergarten 17 17 20
1‑3 15 15 18.
Identification of low‑performing schools and Units
SECTION 8A.4.(a) G.S. 115C‑105.35(c) is repealed.
SECTION 8A.4.(b) G.S. 115C‑105.36 is repealed.
SECTION 8A.4.(c) G.S. 115C‑105.37 reads as rewritten:
"§ 115C‑105.37. Identification of low‑performing schools.
(a) Identification of Low‑Performing Schools.
– The State Board of Education shall design and implement a procedure to
identify low‑performing schools on an annual basis. Low‑performing
schools are those that receive a school performance grade of D or F and a
school growth score of "met expected growth" or "not met
expected growth" as defined by G.S. 115C‑83.15.Low‑performing
schools are those in which there is a failure to meet the minimum growth
standards, as defined by the State Board, and a majority of students are
performing below grade level.
(a1) By July 10 of each year, each local school
administrative unit shall do a preliminary analysis of test results to
determine which of its schools the State Board may identify as low‑performing
under this section.Plan for Improvement of Low‑Performing Schools.
– If a school has been identified as low‑performing as provided in this
section and the school is not located in a local school administrative unit
identified as low‑performing under G.S. 115C‑105.39A, the
following actions shall be taken:
(1) The superintendent then shall proceed
under G.S. 115C‑105.39.
(2) In addition, within Within 30
days of the initial identification of a school as low‑performing by the
local school administrative unit or the State Board, whichever occurs first, the
State Board, the superintendent shall submit to the local board of
education a preliminary plan for addressing the needs of that school, improving
both the school performance grade and school growth score, including how
the superintendent and other central office administrators will work with the
school and monitor the school's progress.
(3) Within 30 days of its receipt of this the
preliminary plan, the local board shall vote to approve, modify, or reject
this plan. Before the local board makes this vote, votes on
the preliminary plan, it shall make the plan available to the public,
including the personnel assigned to that school and the parents and guardians
of the students who are assigned to the school, and shall allow for written
comments.
(4) The local board shall submit the a
final plan to the State Board within five days of the local board's vote.
approval of the plan. The State Board shall review the plan
expeditiously and, if appropriate, may offer recommendations to modify the
plan. The local board shall consider any recommendations made by the State Board.Board
and, if necessary, amend the plan and vote on approval of any changes to the final
plan.
(5) The local board of education shall provide access to the final plan on the local school administrative unit's Web site. The State Board of Education shall also provide access to each low‑performing school plan on the Department of Public Instruction's Web site.
(b) Parental Notice of Low‑Performing School
Status. – Each school that the State Board identifies as low‑performing
shall provide written notification to the parents and guardians of
students attending that school.school within 30 days of the
identification that includes the following information:
(1) The written notification shall include a A
statement that the State Board of Education has found that the school has "failed
to meet the minimum growth standards, as defined by the State Board, and a
majority of students in the school are performing below grade level.""received
a school performance grade of D or F and a school growth score of "met expected
growth" or "not met expected growth" and has been identified as
a low‑performing school as defined by G.S. 115C‑105.37."
The statement shall include an explanation of the school performance grades and
growth scores.
(2) This notification also shall include information
The school performance grade and growth score received.
(3) Information about the preliminary plan
developed under subsection (a1) of this section and a section and the
availability of the final plan on the local school administrative unit's Web
site.
(4) The meeting date for when the preliminary plan will be considered by the local board of education.
(5) A description of any additional steps the school is taking to improve student performance."
SECTION 8A.4.(d) Article 8B of Chapter 115C of the General Statutes is amended by adding a new section to read:
"§ 115C‑105.39A. Identification of low‑performing local school administrative units.
(a) Identification of Low‑Performing Local School Administrative Units. – The State Board of Education shall identify low‑performing local school administrative units on an annual basis. A low‑performing local school administrative unit is a unit in which the majority of the schools in that unit that received a school performance grade and growth score as provided in G.S. 115C‑83.15 have been identified as a low‑performing school, as provided in G.S. 115C‑105.37.
(b) Plan for Improvement of Low‑Performing Local School Administrative Units. – Once a local school administrative unit has been identified as low‑performing under this section, the following actions shall be taken:
(1) The superintendent shall proceed under G.S. 115C‑105.39.
(2) Within 30 days of the identification of a local school administrative unit as low‑performing by the State Board, the superintendent shall submit to the local board of education a preliminary plan for improving both the school performance grade and school growth score of each low‑performing school in the unit, including how the superintendent and other central office administrators will work with each low‑performing school and monitor the low‑performing school's progress, and how current local school administrative unit policy should be changed to improve student achievement throughout the local school administrative unit.
(3) Within 30 days of its receipt of the preliminary plan, the local board shall vote to approve, modify, or reject this plan. Before the local board votes on the plan, it shall make the plan available to the public, including the personnel assigned to each low‑performing school and the parents and guardians of the students who are assigned to each low‑performing school, and shall allow for written comments.
(4) The local board shall submit a final plan to the State Board within five days of the local board's approval of the plan. The State Board shall review the plan expeditiously and, if appropriate, may offer recommendations to modify the plan. The local board shall consider any recommendations made by the State Board and, if necessary, amend the plan and vote on approval of any changes to the final plan.
(5) The local board of education shall provide access to the final plan on the local school administrative unit's Web site. The State Board of Education shall also provide access to each low‑performing local school administrative unit plan on the Department of Public Instruction's Web site.
(c) Parental Notice of Low‑Performing Local School Administrative Unit Status. – Each local school administrative unit that the State Board identifies as low‑performing shall provide written notification to the parents and guardians of all students attending any school in the local school administrative unit within 30 days of the identification that includes the following information:
(1) A statement that the State Board of Education has found that a majority of the schools in the local school administrative unit have "received a school performance grade of D or F and a school growth score of "met expected growth" or "not met expected growth" and have been identified as low‑performing schools as defined by G.S. 115C‑105.37." The statement shall also include an explanation of the school performance grades and growth scores.
(2) The percentage of schools identified as low‑performing.
(3) Information about the preliminary plan developed under subsection (b) of this section and the availability of the final plan on the local school administrative unit's Web site.
(4) The meeting date for when the preliminary plan will be considered by the local board of education.
(5) A description of any additional steps the local school administrative unit and schools are taking to improve student performance.
(6) For notifications sent to parents and guardians of students attending a school that is identified as low‑performing under G.S. 115C‑105.37, a statement that the State Board of Education has found that the school has "received a school performance grade of D or F and a school growth score of "met expected growth" or "not met expected growth" and has been identified as a low‑performing school as defined by G.S. 115C‑105.37." This notification also shall include the school performance grade and school growth score the school received and an explanation of the school performance grades and growth scores."
state board authority to consolidate CONTIGUOUS county school administrative units
SECTION 8A.5. Article 7 of Chapter 115C of the General Statutes is amended by adding a new section to read:
"§ 115C‑66.5. Merger of county school administrative units by the State Board of Education.
The State Board of Education shall have the authority to consolidate and merge contiguous county school administrative units or a group of county school administrative units in which each county unit is contiguous with at least one other county unit in the group. The State Board shall adopt a written plan setting forth the conditions of the merger. A merger of county units and reorganization of those units under this section shall not have the effect of abolishing any special taxes that may have been voted in any such units."
Limit local board of education waivers
SECTION 8A.6.(a) G.S. 115C‑105.26 reads as rewritten:
"§ 115C‑105.26.
Waivers of State laws, rules, or policies.laws or rules.
(a) When included as part of a school improvement
plan accepted under G.S. 115C‑105.27, local boards of education
shall submit requests for waivers of State laws, rules, or policies to the
State Board of Education. A Except as otherwise provided for in this
section, the State Board of Education shall not grant waivers of State laws or
rules to local boards of education. If permitted under this section, a request
for a waiver by a local board of education shall (i) identify the school
or schools making the request, (ii) identify the State laws, rules,
or policies that inhibit the school's ability to improve student performance, law
or rule requesting to be waived, (iii) set out with specificity the
circumstances under which the waiver may be used, and (iv) explain how the
requested waiver will permit the school to improve student performance.
Except as provided in subsection (c) of this section, the
State Board shall grant waivers only for the specific schools for which they
are requested and shall be used only under the specific circumstances for which
they are requested.
(b) When requested as part of a school improvement
plan, the The State Board of Education may grant waivers of:to
local boards of education of State laws and rules pertaining to the following:
(1) State laws pertaining to class Class size
and teacher certification; andrequirements only as provided in G.S. 115C‑301(g).
(2) State rules and policies, except those
pertaining to public school State salary schedules and employee benefits for
school employees, the instructional program that must be offered under the
Basic Education Program, the system of employment for public school teachers
and administrators set out in G.S. 115C‑287.1 and in Part 3 of
Article 22 of this Chapter, health and safety codes, compulsory attendance, the
minimum lengths of the school day and year, and the Uniform Education Reporting
System.
(3) School calendar requirements in order to provide sufficient days to accommodate anticipated makeup days due to school closings only as provided in G.S. 115C‑84.2(d).
(c) The State Board also may grant requests
received from local boards for waivers of State laws, rules, or policies that
affect the organization, duties, and assignment of central office staff only.
However, none of the duties to be performed under G.S. 115C‑436 may
be waived.
(c1) The State Board also may grant requests
received from local boards for waivers of State laws, rules, or policies
that require that each local school administrative unit provide at least one
alternative school or at least one alternative learning program.
(d) Notwithstanding subsections (b) and (c)
of this section, the State Board shall not grant waivers of G.S. 115C‑12(16)b.
regarding the placement of State‑allotted office support personnel,
teacher assistants, and custodial personnel on the salary schedule adopted by
the State Board.
(e) Notwithstanding subsection (b) of this
section, the State Board may grant requests received from local boards for
waivers of State laws, rules, or policies pertaining to the placement of
principals on the State salary schedule for public school administrators in
order to provide financial incentives to encourage principals to accept
employment in a school that has been identified as low‑performing under G.S. 115C‑105.37.
The State Board shall act on requests under this subsection at the first Board
meeting following receipt of each request.
(f) Except as provided in subsection (e) of this
section, the The State Board shall act within 60 days of receipt of
all requests for waivers under this section.
(g) The State Board shall, on a regular basis, review all waivers it has granted to determine whether any rules should be repealed or modified or whether the Board should recommend to the General Assembly the repeal or modification of any laws.
(h) By September 15 of each year, the State Board shall report to the Joint Legislative Education Oversight Committee with a list of the specific waivers granted to each local board of education under this section. The State Board may include any legislative recommendations identified under subsection (g) of this section in its report."
SECTION 8A.6.(b) This section applies beginning with the 2015‑2016 school year.
PART IX. COMPENSATION OF PUBLIC SCHOOL EMPLOYEES
SECTION 9.1.(a) The following monthly teacher salary schedule shall apply for the 2015‑2017 fiscal biennium to licensed personnel of the public schools who are classified as teachers. The salary schedule is based on years of teaching experience.
2015‑2017 Teacher Monthly Salary Schedule
Years of Experience "A" Teachers
0‑4 $3,500
5‑9 3,825
10‑14 4,125
15‑19 4,425
20‑24 4,700
25+ 5,000.
SECTION 9.1.(b) Salary Supplements for Teachers Paid on This Salary Schedule. –
(1) Licensed teachers who have NBPTS certification shall receive a salary supplement each month of twelve percent (12%) of their monthly salary on the "A" salary schedule.
(2) Licensed teachers who are classified as "M" teachers shall receive a salary supplement each month of ten percent (10%) of their monthly salary on the "A" salary schedule.
(3) Licensed teachers with licensure based on academic preparation at the six‑year degree level shall receive a salary supplement of one hundred twenty‑six dollars ($126.00) per month in addition to the supplement provided to them as "M" teachers.
(4) Licensed teachers with licensure based on academic preparation at the doctoral degree level shall receive a salary supplement of two hundred fifty‑three dollars ($253.00) per month in addition to the supplement provided to them as "M" teachers.
(5) Certified school nurses shall receive a salary supplement each month of ten percent (10%) of their monthly salary on the "A" salary schedule.
SECTION 9.1.(c) The first step of the salary schedule for (i) school psychologists, (ii) school speech pathologists who are licensed as speech pathologists at the master's degree level or higher, and (iii) school audiologists who are licensed as audiologists at the master's degree level or higher shall be equivalent to Step 5 of the "A" salary schedule. These employees shall receive a salary supplement each month of ten percent (10%) of their monthly salary and are eligible to receive salary supplements equivalent to those of teachers for academic preparation at the six‑year degree level or the doctoral degree level.
SECTION 9.1.(d) Beginning with the 2014‑2015 fiscal year, in lieu of providing annual longevity payments to teachers paid on the teacher salary schedule, the amounts of those longevity payments are included in the monthly amounts under the teacher salary schedule.
SECTION 9.1.(e) A teacher compensated in accordance with this salary schedule for the 2015‑2016 and 2016‑2017 school years shall receive an amount equal to the greater of the following:
(1) The applicable amount on the salary schedule for the applicable school year.
(2) For teachers who were eligible for longevity for the 2013‑2014 school year, the sum of the following:
a. The teacher's salary provided in S.L. 2013‑360, Sec. 35.11.
b. The longevity that the teacher would have received under the longevity system in effect for the 2013‑2014 school year provided in S.L. 2013‑360, Sec. 35.11, based on the teacher's current years of service.
c. The annual bonus provided in S.L. 2014‑100, Sec. 9.1(e).
(3) For teachers who were not eligible for longevity for the 2013‑2014 school year, the sum of the teacher's salary and annual bonus provided in S.L. 2014‑100, Sec. 9.1.
SECTION 9.1.(f) As used in this section, the term "teacher" shall also include instructional support personnel.
SCHOOL‑BASED ADMINISTRATOR SALARY SCHEDULE
SECTION 9.2.(a) The following monthly base salary schedule for school‑based administrators shall apply only to principals and assistant principals. This base salary schedule shall apply for the 2015‑2016 fiscal year commencing July 1, 2015.
2015‑2016 Principal and Assistant Principal Salary Schedules
Classification
Years of Exp Assistant Prin I Prin II Prin III Prin IV
Principal (0‑10) (11‑21) (22‑32) (33‑43)
0‑9 $3,895 ‑ ‑ ‑ ‑
10 $3,977 ‑ ‑ ‑ ‑
11 $4,123 ‑ ‑ ‑ ‑
12 $4,240 ‑ ‑ ‑ ‑
13 $4,323 $4,323 ‑ ‑ ‑
14 $4,377 $4,377 ‑ ‑ ‑
15 $4,434 $4,434 $4,489 ‑ ‑
16 $4,489 $4,489 $4,547 ‑ ‑
17 $4,547 $4,547 $4,606 $4,665 ‑
18 $4,606 $4,606 $4,665 $4,726 $4,788
19 $4,665 $4,665 $4,726 $4,788 $4,851
20 $4,726 $4,726 $4,788 $4,851 $4,918
21 $4,788 $4,788 $4,851 $4,918 $4,983
22 $4,851 $4,851 $4,918 $4,983 $5,050
23 $4,918 $4,918 $4,983 $5,050 $5,119
24 $4,983 $4,983 $5,050 $5,119 $5,188
25 $5,050 $5,050 $5,119 $5,188 $5,263
26 $5,119 $5,119 $5,188 $5,263 $5,335
27 $5,188 $5,188 $5,263 $5,335 $5,409
28 $5,263 $5,263 $5,335 $5,409 $5,483
29 $5,335 $5,335 $5,409 $5,483 $5,561
30 $5,409 $5,409 $5,483 $5,561 $5,641
31 $5,483 $5,483 $5,561 $5,641 $5,722
32 $5,561 $5,561 $5,641 $5,722 $5,794
33 $5,641 $5,641 $5,722 $5,794 $5,909
34 $5,722 $5,722 $5,794 $5,909 $6,027
35 $5,794 $5,794 $5,909 $6,027 $6,148
36 $5,909 $5,909 $6,027 $6,148 $6,271
37 ‑ $6,027 $6,148 $6,271 $6,396
38 ‑ ‑ $6,271 $6,396 $6,524
39 ‑ ‑ $6,396 $6,524 $6,654
40 ‑ ‑ ‑ $6,654 $6,787
41 ‑ ‑ ‑ $6,787 $6,923
42 ‑ ‑ ‑ ‑ $7,061
2015‑2016 Principal and Assistant Principal Salary Schedules
Classification
Years of Exp Prin V Prin VI Prin VII Prin VIII
(44‑54) (55‑65) (66‑100) (101+)
0‑19 $4,918 ‑ ‑ ‑
20 $4,983 ‑ ‑ ‑
21 $5,050 $5,119 ‑ ‑
22 $5,119 $5,188 $5,335 ‑
23 $5,188 $5,263 $5,409 $5,483
24 $5,263 $5,335 $5,483 $5,561
25 $5,335 $5,409 $5,561 $5,641
26 $5,409 $5,483 $5,641 $5,722
27 $5,483 $5,561 $5,722 $5,794
28 $5,561 $5,641 $5,794 $5,909
29 $5,641 $5,722 $5,909 $6,027
30 $5,722 $5,794 $6,027 $6,148
31 $5,794 $5,909 $6,148 $6,271
32 $5,909 $6,027 $6,271 $6,396
33 $6,027 $6,148 $6,396 $6,524
34 $6,148 $6,271 $6,524 $6,654
35 $6,271 $6,396 $6,654 $6,787
36 $6,396 $6,524 $6,787 $6,923
37 $6,524 $6,654 $6,923 $7,061
38 $6,654 $6,787 $7,061 $7,202
39 $6,787 $6,923 $7,202 $7,346
40 $6,923 $7,061 $7,346 $7,493
41 $7,061 $7,202 $7,493 $7,643
42 $7,202 $7,346 $7,643 $7,796
43 $7,346 $7,493 $7,796 $7,952
44 $7,643 $7,952 $8,111
45 ‑ $7,796 $8,111 $8,273
46+ ‑ ‑ $8,273 $8,438
SECTION 9.2.(b) The appropriate classification for placement of principals and assistant principals on the salary schedule, except for principals in alternative schools and in cooperative innovative high schools, shall be determined in accordance with the following schedule:
Classification Number of Teachers Supervised
Assistant Principal
Principal I Fewer than 11 Teachers
Principal II 11‑21 Teachers
Principal III 22‑32 Teachers
Principal IV 33‑43 Teachers
Principal V 44‑54 Teachers
Principal VI 55‑65 Teachers
Principal VII 66‑100 Teachers
Principal VIII More than 100 Teachers
The number of teachers supervised includes teachers and assistant principals paid from State funds only; it does not include teachers or assistant principals paid from non‑State funds or the principal or teacher assistants.
The beginning classification for principals in alternative schools and in cooperative innovative high school programs shall be the Principal III level. Principals in alternative schools who supervise 33 or more teachers shall be classified according to the number of teachers supervised.
SECTION 9.2.(c) A principal shall be placed on the step on the salary schedule that reflects the total number of years of experience as a certified employee of the public schools and an additional step for every three years of experience serving as a principal on or before June 30, 2009. A principal or assistant principal shall also continue to receive any additional State‑funded percentage increases earned for the 1997‑1998, 1998‑1999, and 1999‑2000 school years for improvement in student performance or maintaining a safe and orderly school.
SECTION 9.2.(d) Principals and assistant principals with certification based on academic preparation at the six‑year degree level shall be paid a salary supplement of one hundred twenty‑six dollars ($126.00) per month and at the doctoral degree level shall be paid a salary supplement of two hundred fifty‑three dollars ($253.00) per month.
SECTION 9.2.(e) Longevity pay for principals and assistant principals shall be as provided for State employees under the North Carolina Human Resources Act.
SECTION 9.2.(f) If a principal is reassigned to a higher job classification because the principal is transferred to a school within a local school administrative unit with a larger number of State‑allotted teachers, the principal shall be placed on the salary schedule as if the principal had served the principal's entire career as a principal at the higher job classification.
If a principal is reassigned to a lower job classification because the principal is transferred to a school within a local school administrative unit with a smaller number of State‑allotted teachers, the principal shall be placed on the salary schedule as if the principal had served the principal's entire career as a principal at the lower job classification.
This subsection applies to all transfers on or after the effective date of this section, except transfers in school systems that have been created, or will be created, by merging two or more school systems. Transfers in these merged systems are exempt from the provisions of this subsection for one calendar year following the date of the merger.
SECTION 9.2.(g) Participants in an approved full‑time master's in‑school administration program shall receive up to a 10‑month stipend at the beginning salary of an assistant principal during the internship period of the master's program. The stipend shall not exceed the difference between the beginning salary of an assistant principal plus the cost of tuition, fees, and books and any fellowship funds received by the intern as a full‑time student, including awards of the Principal Fellows Program. The Principal Fellows Program or the school of education where the intern participates in a full‑time master's in‑school administration program shall supply the Department of Public Instruction with certification of eligible full‑time interns.
SECTION 9.2.(h) During the 2015‑2016 fiscal year, the placement on the salary schedule of an administrator with a one‑year provisional assistant principal's certificate shall be at the entry‑level salary for an assistant principal or the appropriate step on the teacher salary schedule, whichever is higher.
SECTION 9.2.(i) It is the intent of the General Assembly to modify the compensation system for principals and assistant principals, effective July 1, 2016.
SECTION 9.3.(a) The monthly salary ranges that follow apply to assistant superintendents, associate superintendents, directors/coordinators, supervisors, and finance officers for the 2015‑2017 fiscal biennium, beginning July 1, 2015.
School Administrator I $ 3,391 $ 6,323
School Administrator II $ 3,592 $ 6,704
School Administrator III $ 3,811 $ 7,110
School Administrator IV $ 3,962 $ 7,391
School Administrator V $ 4,120 $ 7,689
School Administrator VI $ 4,368 $ 8,151
School Administrator VII $ 4,542 $ 8,478
The local board of education shall determine the appropriate category and placement for each assistant superintendent, associate superintendent, director/coordinator, supervisor, or finance officer within the salary ranges and within funds appropriated by the General Assembly for central office administrators and superintendents. The category in which an employee is placed shall be included in the contract of any employee.
SECTION 9.3.(b) The monthly salary ranges that follow apply to public school superintendents for the 2015‑2017 fiscal biennium, beginning July 1, 2015.
Superintendent I $ 4,819 $ 8,991
Superintendent II $ 5,113 $ 9,532
Superintendent III $ 5,422 $ 10,109
Superintendent IV $ 5,752 $ 10,721
Superintendent V $ 6,102 $ 11,372
The local board of education shall determine the appropriate category and placement for the superintendent based on the average daily membership of the local school administrative unit and within funds appropriated by the General Assembly for central office administrators and superintendents.
SECTION 9.3.(c) Longevity pay for superintendents, assistant superintendents, associate superintendents, directors/coordinators, supervisors, and finance officers shall be as provided for State employees under the State Personnel Act.
SECTION 9.3.(d) Superintendents, assistant superintendents, associate superintendents, directors/coordinators, supervisors, and finance officers with certification based on academic preparation at the six‑year degree level shall receive a salary supplement of one hundred twenty‑six dollars ($126.00) per month in addition to the compensation provided pursuant to this section. Superintendents, assistant superintendents, associate superintendents, directors/coordinators, supervisors, and finance officers with certification based on academic preparation at the doctoral degree level shall receive a salary supplement of two hundred fifty‑three dollars ($253.00) per month in addition to the compensation provided for under this section.
SECTION 9.3.(e) The State Board of Education shall not permit local school administrative units to transfer State funds from other funding categories for salaries for public school central office administrators.
NONCERTIFIED PERSONNEL SALARIES
SECTION 9.4. The annual salary for permanent full‑time and part‑time noncertified public school employees whose salaries are supported from the State's General Fund shall remain unchanged for the 2015‑2017 fiscal biennium.
no pay loss for teachers who become administrators or assistant principals who become principals
SECTION 9.5.(a) Section 7.22(b) of S.L. 2009‑451 reads as rewritten:
"SECTION 7.22.(b) This section becomes effective
July 1, 2009, and applies to all persons initially employed as assistant
principals on or after that date.July 1, 2009."
SECTION 9.5.(b) G.S. 115C‑285(a) is amended by adding a new subdivision to read:
"(9) An assistant principal who becomes a principal without a break in service shall be paid, on a monthly basis, at least as much as he or she would earn as an assistant principal employed by that local school administrative unit."
PART X. COMMUNITY COLLEGES
REORGANIZATION OF THE COMMUNITY COLLEGES SYSTEM OFFICE
SECTION 10.1.(a) Notwithstanding any other provision of law, and consistent with the authority established in G.S. 115D‑3, the President of the North Carolina Community College System may reorganize the System Office in accordance with recommendations and plans submitted to and approved by the State Board of Community Colleges.
SECTION 10.1.(b) This section expires June 30, 2017.
SECTION 10.2.(a) G.S. 115D‑5(b) is amended by adding a new subdivision to read:
"(b) In order to make instruction as accessible as possible to all citizens, the teaching of curricular courses and of noncurricular extension courses at convenient locations away from institution campuses as well as on campuses is authorized and shall be encouraged. A pro rata portion of the established regular tuition rate charged a full‑time student shall be charged a part‑time student taking any curriculum course. In lieu of any tuition charge, the State Board of Community Colleges shall establish a uniform registration fee, or a schedule of uniform registration fees, to be charged students enrolling in extension courses for which instruction is financed primarily from State funds. The State Board of Community Colleges may provide by general and uniform regulations for waiver of tuition and registration fees for the following:
…
(15) Courses providing employability skills, job‑specific occupational or technical skills, or developmental education instruction to certain students who are concurrently enrolled in an eligible community college literacy course, in accordance with rules adopted by the State Board of Community Colleges.
…
The State Board of Community Colleges shall not waive tuition and registration fees for other individuals."
SECTION 10.2.(b) G.S. 115D‑31(b1) reads as rewritten:
"(b1) A local community college may use all State funds allocated to it, except for Literacy funds and Customized Training funds, for any authorized purpose that is consistent with the college's Institutional Effectiveness Plan. The State Board of Community Colleges may authorize a local community college to use up to twenty percent (20%) of the State Literacy funds allocated to it to provide employability skills, job‑specific occupational and technical skills, and developmental education instruction to students concurrently enrolled in an eligible community college literacy course.
Each local community college shall include in its Institutional Effectiveness Plan a section on how funding flexibility allows the college to meet the demands of the local community and to maintain a presence in all previously funded categorical programs."
SECTION 10.3. For the 2015‑2017 fiscal biennium, community colleges may expend regular equipment allocations on equipment and on repairs, renovations, and new construction, necessary to accommodate equipment. Colleges must match funds expended on new construction on an equal matching‑fund basis in accordance with G.S. 115D‑31. Notwithstanding any other provision of law, community colleges are not required to match funds expended on repairs and renovations of existing facilities.
Colleges must have capital improvement projects approved by the State Board of Community Colleges and any required matching funds identified by June 30, 2017.
COLLEGES EARN BUDGET FTE FOR Certain COURSES TAUGHT DURING THE SUMMER TERM
SECTION 10.5.(a) G.S. 115D‑5(v) reads as rewritten:
"(v) Community colleges may teach technical
education, health care, developmental education, and STEM‑related courses
courses, and the Universal General Education Transfer Courses contained
in the Comprehensive Articulation Agreement entered into between The University
of North Carolina and the North Carolina Community College System at any
time during the year, including the summer term. Student membership hours from
these courses shall be counted when computing full‑time equivalent
students (FTE) for use in budget funding formulas at the State level."
SECTION 10.5.(c) This section applies beginning with the summer 2015 term.
COMMUNITY COLLEGES PROGRAM COMPLIANCE REVIEW FUNCTION
SECTION 10.6.(a) Section 10.15(a) of S.L. 2013‑360 is repealed.
SECTION 10.6.(b) G.S. 115D‑5(m) reads as rewritten:
"(m) The State Board of Community Colleges shall
maintain an education program auditing accountability function
that conducts an annual audit periodic reviews of each community
college operating under the provisions of this Chapter. The purpose of the annual
audit compliance review shall be to ensure that college programs
and related fiscal operations comply with State law, State regulations, State
Board policies, and System Office guidance. (i) data used to allocate
State funds among community colleges is reported accurately to the System
Office and (ii) community colleges are charging and waiving tuition and
registration fees consistent with law. The State Board of Community
Colleges shall require auditors of community college programs to the use
of a statistically valid sample size in performing program audits compliance
reviews of community colleges. All education program audit compliance
review findings that are determined to be material shall be
forwarded to the college president, local college board of trustees, the State
Board of Community Colleges, and the State Auditor. The State Board of
Community Colleges shall adopt rules governing the frequency, scope, and
standard of materiality for compliance reviews."
SECTION 10.6.(c) Subsection (b) of this section applies to compliance reviews beginning with the 2015‑2016 academic year.
Career and College Ready Graduates
SECTION 10.13.(a) The State Board of Community Colleges, in consultation with the State Board of Education, shall develop a program for implementation in the 2016‑2017 school year that introduces the college developmental mathematics and developmental reading and English curriculums in the high school senior year and provide opportunities for college remediation for students prior to high school graduation through cooperation with community college partners. Students who are enrolled in the Occupational Course of Study to receive their high school diplomas shall not be required to participate in the program or be required to take mandatory remedial courses as provided for in this section, unless a parent specifically requests through the individualized education program (IEP) process that the student participates. The program shall require the following:
(1) Establishment by the State Board of Community Colleges of measures for determining student readiness and preparation for college coursework by using ACT scores, student grade point averages, or other measures currently used by the State Board of Community Colleges to determine college readiness for entering students.
(2) Changes in curriculum, policy, and rules as needed by the State Board of Community Colleges and State Board of Education to make remedial courses mandatory for students who do not meet readiness indicators by their junior year to ensure college readiness prior to high school graduation. These changes shall include the flexibility for students to fulfill senior mathematics and English graduation requirements through enrollment in mandatory remedial courses or to enroll in those courses as electives.
(3) Revisions to current direct instruction remediation modules used by the North Carolina community colleges by the State Board of Community Colleges, in cooperation with the State Board of Education, to provide remedial education to high school students.
(4) Determinations by the State Board of Community Colleges on the following:
a. Appropriate measures of successful completion of the remedial courses to ensure students are prepared for coursework at a North Carolina community college without need for further remediation in mathematics or reading and English.
b. The length of time following high school graduation in which a student who successfully completed high school remedial courses will not be required to enroll in developmental courses at a North Carolina community college.
(5) Policies established by the State Board of Community Colleges and State Board of Education for delivery of college remediation instruction in high schools. The policies shall include the following requirements:
a. Faculty from the partner community college will provide training and oversight for high school faculty who will serve as facilitators for high school students enrolled in the remedial courses.
b. Faculty from the partner community college will make regular site visits to provide assistance to students and high school faculty with the remedial courses.
c. Partner high schools shall identify and assign appropriate faculty to the remedial course. Assigned faculty shall be trained by partner community college faculty prior to the start of the school year or semester in which the faculty will facilitate the remedial course.
d. Partner high schools shall provide appropriate technology resources for delivery of the remedial course modules.
SECTION 10.13.(b) The State Board of Community Colleges and the State Board of Education shall report on progress of implementation of the program statewide, including the requirements in subsection (a) of this section, to the Joint Legislative Education Oversight Committee no later than January 15, 2016.
SECTION 10.14.(a) Article 2 of Chapter 115D of the General Statutes is amended by adding a new section to read:
"§ 115D‑21.5. NC Works Career Coach Program.
(a) Purpose. – There is established the NC Works Career Coach Program to place community college career coaches in high schools to assist students with determining career goals and identifying community college programs that would enable students to achieve these goals.
(b) Memorandum of Understanding. – The board of trustees of a community college and a local board of education of a local school administrative unit within the service area of the community college shall enter into a memorandum of understanding for the placement of career coaches employed by the board of trustees of the community college in schools within the local school administrative unit. At a minimum, the memorandum of understanding shall include the following:
(1) Requirement that the community college provides the following:
a. Hiring, training, and supervision of career coaches. The board of trustees may include a local board of education liaison on the hiring committee and to participate in the decision making regarding hiring for the coach positions.
b. Salary, benefits, and all other expenses related to the employment of the career coach. The coach will be an employee of the board of trustees and will not be an agent or employee of the local board of education.
c. Development of pedagogical materials and technologies needed to enhance the advising process.
d. Criminal background checks required by the local school administrative unit for employees working directly with students.
e. Agreement that, while on any school campus, the career coach will obey all local board of education rules and will be subject to the authority of the school building administration.
(2) Requirement that the local school administrative unit provides the following to career coaches:
a. Access to student records, as needed to carry out the coach's job responsibilities.
b. Office space on site appropriate for student advising.
c. Information technology resources, including, but not limited to, Internet access, telephone, and copying.
d. Initial school orientation and ongoing integration into the faculty and staff community.
e. Promotion of school‑wide awareness of coach duties.
f. Facilitation of coach's access to individual classes and larger assemblies for the purposes of awareness‑building.
(c) Application for NC Works Career Coach Program Funding. – The board of trustees of a community college and a local board of education of a local school administrative unit within the service area of the community college jointly may apply for available funds for NC Works Career Coach Program funding from the State Board of Community Colleges. The State Board of Community Colleges shall establish a process for award of funds as follows:
(1) Advisory committee. – Establishment of an advisory committee, which shall include representatives from the NC Community College System, the Department of Public Instruction, the NC Works initiative located in the Department of Commerce, and at least three representatives of the business community, to review applications and make recommendations for funding awards to the State Board.
(2) Application submission requirements. – The State Board shall require at least the following:
a. Evidence of a signed memorandum of understanding that meets, at a minimum, the requirements of this section.
b. Evidence that the funding request will be matched dollar‑for‑dollar with local funds. Matching funds may come from public or private sources.
(3) Awards criteria. – The State Board shall develop criteria for consideration in determining the award of funds that shall include the following:
a. Consideration of the workforce needs of business and industry in the region.
b. Targeting of resources to enhance ongoing economic activity within the community college service area and surrounding counties.
c. Geographic diversity of awards.
(d) Annual Report. –
(1) The board of trustees of a community college that employs one or more career coaches shall report annually to the State Board of Community Colleges on implementation and outcomes of the program, including the following information:
a. Number of career coaches employed.
b. Number of local school administrative units served and names of schools in which career coaches are placed.
c. Number of students annually counselled by career coaches.
d. Impact of career coaches on student choices, as determined by a valid measure selected by the State Board of Community Colleges.
(2) The State Board of Community Colleges shall report annually no later than October 1 to the Joint Legislative Education Oversight Committee on the following:
a. A compilation of the information reported by the board of trustees of community colleges, as provided in subdivision (1) of this subsection.
b. Number and names of partnership applicants for NC Works Career Coach Program funding.
c. Number, names, and amounts of those awarded NC Works Career Coach Program funding."
SECTION 10.14.(b) The State Board of Community Colleges shall begin accepting applications for available funds for NC Works Career Coach Program funding no later than December 1, 2015, and shall select the initial recipients for the award of funds no later than February 1, 2016.
SECTION 10.14.(c) The funds appropriated under this act to the Community Colleges System Office for the 2015‑2017 fiscal biennium to match non‑State funds to implement the NC Works Career Coach Program shall only be used for salary and benefits for NC Works Career Coaches.
driver education and safety instruction program
SECTION 10.15.(a) The North Carolina Community Colleges System Office shall conduct a feasibility study on the establishment of a statewide, tuition‑based drivers education program delivered through the Community Colleges System Office for all students older than 14 years and six months who (i) are enrolled in a public high school, a private high school, or a home school within the State and (ii) have not previously enrolled in a program delivered through the public schools or the Community Colleges System Office. In the course of the study, the System Office shall consider the cost of the program and options for funding it, including fees, State funds, or a combination of fees and State funds.
The System Office shall report to the Joint Legislative Education Oversight Committee prior to March 15, 2016, on the results of the study.
SECTION 10.15.(b) G.S. 115D‑20(4)c. reads as rewritten:
"c. High school students may be permitted to
take noncredit courses in safe driving on a self‑supporting basis during
the academic year or the summer.Students older than 14 years and six
months who (i) are enrolled in a public high school, a private high school, or
a home school within the State and (ii) have not previously enrolled in a
program delivered through the public schools or the Community Colleges System
Office may take driver education and safety instruction in accordance with the
Driver Education Safety Instruction Program, as established under G.S. 115D‑76.5.
The program may be funded with State funds, on a self‑supporting basis,
or a combination of both and may be offered during the academic year or the
summer."
SECTION 10.15.(c) Chapter 115D of the General Statutes is amended by adding a new article to read:
"Article 6B.
"Driver Education and Safety Instruction.
"§ 115D‑76.5. Driver Education and Safety Instruction Program.
(a) There is created a Driver Education and Safety Instruction Program for the purpose of establishing statewide driver education and safety instruction to be delivered through the Community Colleges System Office for all students older than 14 years and six months who (i) are enrolled in a public high school, a private high school, or a home school within the State and (ii) have not previously enrolled in a program delivered through the public schools or the Community Colleges System Office. The Program may be administered by a driver education and safety coordinator who shall be responsible for the planning, curriculum, and completion requirements of the Program. The State Board of Community Colleges may elect a driver education and safety coordinator upon nomination by the President of the Community College System, and the compensation of the driver education and safety coordinator shall be fixed by the State Board upon recommendation of the President of the Community College System pursuant to G.S. 115D‑3. The State Board of Community Colleges may contract with an appropriate public or private agency or person to carry out the duties of the driver education and safety coordinator.
(b) The Driver Education and Safety Instruction Program shall be implemented through the Community Colleges System Office. The driver education and safety coordinator shall select and facilitate the training and certification of instructors who will implement the Program.
(c) The State Board of Community Colleges shall adopt a curriculum, standards, and other policies and procedures for the program."
SECTION 10.15.(d) Effective July 1, 2016, the Community Colleges System Office shall provide driver education and safety instruction in accordance with G.S. 115D‑76.5, as enacted in subsection (b) of this section.
SECTION 10.15.(e) Notwithstanding G.S. 20‑87(6), of the revenue collected on or after the date this act becomes law for the Motorcycle Safety Instruction Program, the Community Colleges System Office may use up to two hundred thousand dollars ($200,000) for the 2015‑2016 fiscal year to conduct the study required by subsection (a) of this section.
SECTION 10.15.(f) Subsection (b) of this section is effective July 1, 2016.
PART XI. UNIVERSITIES
USE OF ESCHEAT FUNDS FOR Student FINANCIAL AID PROGRAMS/Technical corrections
SECTION 11.1.(a) The funds appropriated by this act from the Escheat Fund for the 2015‑2017 fiscal biennium for student financial aid shall be allocated in accordance with G.S. 116B‑7. Notwithstanding any other provision of Chapter 116B of the General Statutes, if the interest income generated from the Escheat Fund is less than the amounts referenced in this act, the difference may be taken from the Escheat Fund principal to reach the appropriations referenced in this act; however, under no circumstances shall the Escheat Fund principal be reduced below the sum required in G.S. 116B‑6(f). If any funds appropriated from the Escheat Fund by this act for student financial aid remain uncommitted aid as of the end of a fiscal year, the funds shall be returned to the Escheat Fund, but only to the extent the funds exceed the amount of the Escheat Fund income for that fiscal year.
SECTION 11.1.(b) The State Education Assistance Authority (SEAA) shall conduct periodic evaluations of expenditures of the student financial aid programs administered by SEAA to determine if allocations are utilized to ensure access to institutions of higher learning and to meet the goals of the respective programs. The SEAA may make recommendations for redistribution of funds to The University of North Carolina, and the President of the Community College System regarding their respective student financial aid programs, who then may authorize redistribution of unutilized funds for a particular fiscal year.
SECTION 11.1.(c) G.S. 116B‑7(b) reads as rewritten:
"(b) An amount specified in the Current Operations
Appropriations Act shall be transferred annually from the Escheat Fund to the
Department of Administration Military and Veterans Affairs to
partially fund the program of Scholarships for Children of War Veterans
established by Article 4 of Chapter 165 of the General Statutes. Those funds
may be used only for residents of this State who (i) are worthy and needy as
determined by the Department of Administration, Military and Veterans
Affairs and (ii) are enrolled in public institutions of higher education of
this State."
SECTION 11.1(d) G.S. 116B‑6 reads as rewritten:
"§ 116B‑6. Administration of Escheat Fund; Escheat Account.
…
(g) Additional Funds for Refunds. – If at any time the
amount of the refund reserve shall be insufficient to make refunds required to
be made, the Treasurer, in addition, may use all current receipts derived from
escheated or abandoned property, exclusive of earnings and profits on investments
of the Escheat Fund and the Escheat Account, for the purpose of making such
refunds; and if all such funds shall be inadequate for such refunds, the
Treasurer may apply to the Council of State, pursuant to the Executive State
Budget Act, to the limit of funds available from the Contingency and
Emergency Fund, for a loan, without interest, to supply any deficiencies, in
whole or in part. No receipts derived from escheated or abandoned property,
other than earnings or profits on investments, shall be paid to the Authority
until: (i) all valid claims for refund have been paid; (ii) the reserve for
refund shall equal five million dollars ($5,000,000); and (iii) the amount
loaned from the Contingency and Emergency Fund shall have been repaid by the Escheat
Fund.
(h) Expenditures. – The Treasurer may expend the funds
in the Escheat Fund, other than funds in the Escheat Account, for the payment
of claims for refunds to owners, holders and claimants under G.S. 116B‑4;
for the payment of costs of maintenance and upkeep of abandoned or escheated
property; costs of preparing lists of names of owners of abandoned property to
be furnished to clerks of superior court; costs of notice and publication;
costs of appraisals; fees of persons employed pursuant to G.S. 116B‑8
costs involved in determining whether a decedent died without heirs; fees of
persons employed pursuant to G.S. 116B‑8 to conduct audits; costs of
a title search of real property that has escheated; and costs of auction or
sale under this Chapter. All other costs, including salaries of personnel,
necessary to carry out the duties of the Treasurer under this Chapter, shall be
appropriated from the funds of the Escheat Fund pursuant to the provisions of Article
1, Chapter 143 Chapter 143C of the General Statutes.
…."
AMEND REGULATION OF UNC INSTITUTIONAL TRUST FUNDS AND FUNDS OF UNC HEALTH CARE SYSTEM
SECTION 11.2.(a) G.S. 116‑36.1(h) reads as rewritten:
"(h) The Board may authorize, through the
President, that the chancellors may deposit or invest each institution's
available trust fund cash balances in interest‑bearing accounts and other
investments as may be authorized by the Board in the exercise of its sound
discretion, without regard to any statute or rule of law relating to the
investment of funds by fiduciaries.fiduciaries; provided however,
funds deposited and invested under this section are subject to G.S. 116‑36.1A."
SECTION 11.2.(b) Article 1 of Chapter 116 of the General Statutes is amended by adding a new section to read:
"§116‑36.1A. Institutional trust fund deposits to be secured; reports of depositories.
(a) The amount of funds deposited pursuant to G.S. 116‑36.1 in an official depository shall be adequately secured by deposit insurance, surety bonds, or investment securities of such nature in such amounts and in such manner as may be prescribed by policy of the Board of Governors. No security is required for the protection of funds remitted to and received by a bank or trust company designated by the Board of Governors under Chapter 116D or Part 4 of Article 1 of Chapter 116 of the General Statutes and acting as paying agent for the payment of the principal of or interest on bonds or notes of the State.
(b) Each official depository having deposits required to be secured by subsection (a) of this section may be required to report to the Board of Governors on January 1 and July 1 of each year (or such other dates as the Board of Governors may prescribe) a list of all surety bonds or investment securities securing such deposits. If the Board of Governors finds at any time that any funds of the State are not properly secured, the Board of Governors shall so notify the depository. Upon such notification, the depository shall comply with the applicable law or regulations forthwith.
(c) Violation of the provisions of this section shall be a Class 1 misdemeanor."
IN‑STATE TUITION FOR CERTAIN VETERANS AND OTHER INDIVIDUALS ENTITLED TO FEDERAL EDUCATIONAL BENEFITS
SECTION 11.3.(a) Article 14 of Chapter 116 of the General Statutes is amended by adding a new section to read:
"§ 116‑143.3A. Waiver of 12‑month residency requirement for certain veterans and other individuals entitled to federal education benefits under 38 U.S.C. Chapter 30 or 38 U.S.C. Chapter 33.
(a) Definitions. – The following definitions apply in this section:
(1) Abode. – Has the same meaning as G.S. 116‑143.3(a)(1).
(2) Armed Forces. – Has the same meaning as G.S. 116‑143.3(a)(2).
(3) Veteran. – A person who served active duty for not less than 90 days in the Armed Forces, the Commissioned Corps of the U.S. Public Health Service, or the National Oceanic and Atmospheric Administration and who was discharged or released from such service under conditions other than dishonorable.
(b) Waiver of 12‑Month Residency Requirement for Veteran. – Any veteran who qualifies for admission to an institution of higher education as defined in G.S. 116‑143.1(a)(3) is eligible to be charged the in‑State tuition rate and applicable mandatory fees for enrollment without satisfying the 12‑month residency requirement under G.S. 116‑143.1, provided the veteran meets all of the following criteria:
(1) The veteran applies for admission to the institution of higher education and enrolls within three years of the veteran's discharge or release from the Armed Forces, the Commissioned Corps of the U.S. Public Health Service, or the National Oceanic and Atmospheric Administration.
(2) The veteran qualifies for and uses educational benefits pursuant to 38 U.S.C. Chapter 30 (Montgomery G.I. Bill Active Duty Education Assistance Program) or 38 U.S.C. Chapter 33 (Post‑9/11 Educational Assistance), as administered by the U.S. Department of Veterans Affairs.
(3) The veteran's abode is North Carolina.
(4) The veteran provides the institution of higher education at which the veteran intends to enroll a letter of intent to establish residence in North Carolina.
(c) Eligibility of Other Individuals Entitled to Federal Educational Benefits Under 38 U.S.C. Chapter 30 or 38 U.S.C. Chapter 33. – Any person who is entitled to federal educational benefits under 38 U.S.C. Chapter 30 or 38 U.S.C. Chapter 33 is also eligible to be charged the in‑State tuition rate and applicable mandatory fees for enrollment without satisfying the 12‑month residency requirement under G.S. 116‑143.1 if the person meets all of the following criteria:
(1) The person qualifies for admission to the institution of higher education as defined in G.S. 116‑143.1(a)(3) and enrolls in the institution of higher education within three years of the veteran's discharge or release from the Armed Forces, the Commissioned Corps of the U.S. Public Health Service, or the National Oceanic and Atmospheric Administration.
(2) The person is the recipient of federal educational benefits pursuant to 38 U.S.C. Chapter 30 (Montgomery G.I. Bill Active Duty Education Assistance Program) or 38 U.S.C. Chapter 33 (Post‑9/11 Educational Assistance), as administered by the U.S. Department of Veterans Affairs.
(3) The person's abode is North Carolina.
(4) The person provides the institution of higher education at which the person intends to enroll a letter of intent to establish residence in North Carolina.
(d) After the expiration of the three‑year period following discharge or death as described in 38 U.S.C. § 3679(c), any enrolled veteran entitled to federal educational benefits under 38 U.S.C. Chapter 30 or 38 U.S.C. Chapter 33 and any other enrolled individual entitled to federal educational benefits under 38 U.S.C. Chapter 30 or 38 U.S.C. Chapter 33 who is eligible for in‑State tuition under this section shall continue to be eligible for the in‑State tuition rate so long as the covered individual remains continuously enrolled (other than during regularly scheduled breaks between courses, quarters, terms, or semesters) at that institution of higher education."
SECTION 11.3.(b) G.S. 116‑143.8 is repealed.
SECTION 11.3.(c) This section applies to qualifying veterans and other individuals entitled to federal educational benefits under 38 U.S.C. Chapter 30 or 38 U.S.C. Chapter 33 who are enrolled or who enroll in institutions of higher education for any academic quarter, term, or semester that begins on or after the effective date of this act.
UNC MANAGEMENT FLEXIBILITY REDUCTION
SECTION 11.4.(a) The management flexibility reduction for The University of North Carolina shall not be allocated by the Board of Governors to the constituent institutions and affiliated entities using an across‑the‑board method but shall be done in a manner that recognizes the importance of the academic missions and differences among The University of North Carolina entities.
Before taking reductions in instructional budgets, the Board of Governors and the campuses of the constituent institutions shall consider all of the following:
(1) Reducing State funding for centers and institutes, speaker series, and other nonacademic activities.
(2) Faculty workload adjustments.
(3) Restructuring of research activities.
(4) Implementing cost‑saving span of control measures.
(5) Reducing the number of senior and middle management positions.
(6) Eliminating low‑performing, redundant, or low‑enrollment programs.
(7) Using alternative funding sources.
(8) Protecting direct classroom services.
The Board of Governors and the campuses of the constituent institutions also shall review the institutional trust funds and the special funds held by or on behalf of The University of North Carolina and its constituent institutions to determine whether there are monies available in those funds that can be used to assist with operating costs. In addition, the campuses of the constituent institutions also shall require their faculty to have a teaching workload equal to the national average in their Carnegie classification.
SECTION 11.4.(b) In allocating the management flexibility reduction, no reduction in State funds shall be allocated in either fiscal year of the 2015‑2017 biennium to any of the following:
(1) UNC Need‑Based Financial Aid.
(2) NC School of Science and Mathematics.
(3) University of North Carolina at Asheville.
(4) University of North Carolina School of the Arts.
SECTION 11.4.(c) The University of North Carolina shall report on the implementation of the management flexibility reduction in subsection (a) of this section to the Office of State Budget and Management and the Fiscal Research Division no later than April 1, 2016. This report shall identify both of the following by campus:
(1) The total number of positions eliminated by type (faculty/nonfaculty).
(2) The low‑performing, redundant, and low‑enrollment programs that were eliminated.
UNC TO FUND NORTH CAROLINA RESEARCH CAMPUS
SECTION 11.5. Of the funds appropriated in this act to the Board of Governors of The University of North Carolina, the Board of Governors shall use twenty‑nine million dollars ($29,000,000) for the 2015‑2016 fiscal year and twenty‑nine million dollars ($29,000,000) for the 2016‑2017 fiscal year to support UNC‑related activities at the North Carolina Research Campus at Kannapolis.
program evaluation division study graduation rates at constituent institutions and recommendations regarding policies to increase graduation rates
SECTION 11.7.(a) The General Assembly finds that the six‑year graduation rate for students pursuing a baccalaureate degree from any constituent institution of The University of North Carolina is too low. The General Assembly further finds that it is important to design and implement a program for the purpose of achieving the following goals: to assist more students to obtain a baccalaureate degree within a shorter time period; to provide students with a college education at significantly lower costs for both the student and the State; to help decrease the amount of debt resulting from loans that a student may owe upon graduation; to provide a student with an interim degree that may increase a student's job opportunities if the student chooses not to continue postsecondary education; and to provide easier access to academic counseling that will assist a student in selecting coursework that reflects the student's educational and career goals and helps the student succeed academically.
SECTION 11.7.(b) To address the issues and goals set out in subsection (a) of this section, the Program Evaluation Division shall review current six‑year graduation rates for each constituent institution in the University of North Carolina system, determine what factors are associated with academic success and failure, and make recommendations on any policy changes needed to increase graduation rates at specific institutions, including, but not limited to, increasing the minimum high school GPA required for admission to 3.00 and implementing a deferred admission program, to be known as the North Carolina Guaranteed Admission Program (NCGAP), for students identified as academically at risk. The University of North Carolina and its constituent institutions shall provide any data necessary and perform any analyses for this study as directed by the Program Evaluation Division. The Program Evaluation Division shall report on the findings of this study and make recommendations to the Joint Legislative Program Evaluation Oversight Committee by April 1, 2016.
SPECIAL EDUCATION SCHOLARSHIP CHANGES AND REEVALUATION FUNDS
SECTION 11.11.(a) G.S. 115C‑112.6 reads as rewritten:
"§ 115C‑112.6. Scholarships.
(a) Scholarship Applications. – The Authority shall make available no later than May 1 annually applications to eligible students for the award of scholarships. Information about scholarships and the application process shall be made available on the Authority's Web site. The Authority shall give priority in awarding scholarships to eligible students who received a scholarship during the previous semester. Except as otherwise provided by the Authority for prior scholarship recipients, scholarships shall be awarded to eligible students in the order in which the applications are received.
(a1) Web Site Availability. – Information about scholarships and the application process shall be made available on the Authority's Web site. The Authority shall also include information on the Web site notifying parents that federal regulations adopted under IDEA provide that no parentally placed private school child with a disability has an individual right to receive some or all of the special education and related services that the child would receive if enrolled in a public school.
(b) Scholarship Awards. – Scholarships awarded to
eligible students shall be for amounts of not more than three four thousand
dollars ($3,000) ($4,000) per semester per eligible student.
Eligible students awarded scholarships may not be enrolled in a public school
to which that student has been assigned as provided in G.S. 115C‑366.
Scholarships shall be awarded only for tuition and for the reimbursement
of tuition, special education, related services, and educational
technology, as provided in subsection (b1) of this section. The Authority shall
notify parents in writing of their eligibility to receive scholarships for
costs that will be incurred during the spring semester of the following year by
December 1 and for costs incurred during the fall semester of that year by July
1.
(b1) Disbursement of Scholarship Funds. – The Authority shall disburse scholarship funds for tuition and for the reimbursement of costs incurred by the parent of an eligible student as follows:
(1) Scholarship endorsement for tuition. – The Authority shall remit, at least two times each school year, scholarship funds awarded to eligible students for endorsement by at least one of the student's parents or guardians for tuition to attend (i) a North Carolina public school other than the public school to which that student has been assigned as provided in G.S. 115C‑366 or (ii) a nonpublic school that meets the requirements of Part 1 or Part 2 of Article 39 of this Chapter as identified by the Department of Administration, Division of Nonpublic Education. Scholarship funds shall not be provided for tuition for home schooled students. If the student is attending a nonpublic school, the school must be deemed eligible by the Division of Nonpublic Education, pursuant to G.S. 115C‑562.4, and the school shall be subject to the requirements of G.S. 115C‑562.5. The parent or guardian shall restrictively endorse the scholarship funds awarded to the eligible student to the school for deposit into the account of the school. The parent or guardian shall not designate any entity or individual associated with the school as the parent's attorney‑in‑fact to endorse the scholarship funds but shall endorse the scholarship funds in person at the site of the school. A parent's or guardian's failure to comply with this section shall result in forfeiture of the scholarship funds. A scholarship forfeited for failure to comply with this section shall be returned to the Authority to be awarded to another student.
(2) Scholarship Reimbursements. – reimbursements
for costs. – Scholarship reimbursement for costs incurred shall be
provided as follows:
(1)a. Preapproval process. – Prior to the
start of each school semester, the parent of an eligible student may submit
documentation of the tuition, special education, related services, or
educational technology the parent anticipates incurring costs on in that
semester for preapproval by the Authority.
(2)b. Reimbursement submissions. – Following
the conclusion of each school semester, the parent of an eligible student shall
submit to the Authority any receipts or other documentation approved by the
Authority to demonstrate the costs incurred during the semester. In addition,
parents shall provide documentation of the following to seek reimbursement:
a. Tuition reimbursement. – Parents may only
receive reimbursement for tuition if the parent provides documentation that the
student was enrolled in nonpublic school or public school for which payment of
tuition is required for no less than 75 days of the semester for which the
parent seeks reimbursement. Tuition reimbursement shall not be provided for
home schooled students.
b.1. Special education reimbursement. –
Parents may only receive reimbursement for special education if the parent provides
documentation that the student received special education for no less than 75
days of the semester for which the parent seeks reimbursement. Special
education reimbursement shall not be provided for special education instruction
provided to a home schooled student by a member of the household of a home
school, as defined in G.S. 115C‑563(a).
c.2. Related services reimbursement. –
Parents may only receive reimbursement for related services if the parent
provides documentation that the student also received special education for no
less than 75 days of the semester for which the parent seeks reimbursement for
the related services. Related services reimbursement shall not be provided for
related services provided to a home schooled student by a member of the
household of a home school, as defined in G.S. 115C‑563(a).
d.3. Educational technology reimbursement.
– Parents may only receive reimbursement for educational technology if the
parent provides documentation that the student used the educational technology
for no less than 75 days of the semester for which the parent seeks
reimbursement.
(3)c. Scholarship award. – The Authority
shall award a scholarship in the amount of costs demonstrated by the parent up
to the maximum amount. If the costs incurred by the parent do not meet the
maximum amount, the Authority shall use the remainder of those funds for the
award of scholarships to eligible students for the following semester. The
Authority shall award scholarships to the parents of eligible students at least
semiannually.
(c) Student Reevaluation. – After an eligible student's initial receipt of a scholarship, the Authority shall ensure that the student is reevaluated at least every three years by the local educational agency in order to verify that the student continues to be a child with a disability.
(d) Rule Making. – The Authority shall establish rules and regulations for the administration and awarding of scholarships. The Authority shall adopt rules providing for pro rata return of funds if a student withdraws prior to the end of the semester from a school to which scholarship funds have been remitted. The Authority shall annually develop a list of educational technology for which scholarships may be used and shall provide scholarship recipients with information about the list.
(e) Public Records Exception. – Scholarship applications and personally identifiable information related to eligible students receiving scholarships shall not be a public record under Chapter 132 of the General Statutes. For the purposes of this section, personally identifiable information means any information directly related to a student or members of a student's household, including the name, birthdate, address, Social Security number, telephone number, e‑mail address, financial information, or any other information or identification number that would provide information about a specific student or members of a specific student's household."
SECTION 11.11.(b) G.S. 115C‑112.9 reads as rewritten:
"§ 115C‑112.9.
Duties of State Board of Education.agencies.
(a) The State Board, as part of its duty to monitor all local educational agencies to determine compliance with this Article and IDEA as provided in G.S. 115C‑107.4, shall ensure that local educational agencies do the following:
(1) Conduct evaluations requested by a child's parent or guardian of suspected children with disabilities, as defined in G.S. 115C‑107.3, in a timely manner as required by IDEA.
(2) Provide reevaluations to identified children with disabilities receiving scholarships as provided in Part 1H of this Article at the request of the parent or guardian to ensure compliance with G.S. 115C‑112.6(c).
(b) The Authority shall analyze, in conjunction with the Department of Public Instruction, past trends in scholarship data on an annual basis to ensure that the amount of funds transferred each fiscal year by the Authority to the Department for reevaluations by local school administrative units of eligible students under G.S. 115C‑112.6(c) are sufficient and based on actual annual cost requirements."
SECTION 11.11.(c) The Authority shall adopt rules within 60 days of the date this act becomes law providing for pro rata return of funds if a student withdraws prior to the end of the semester from a school to which scholarship funds have been remitted.
SECTION 11.11.(d) This section applies to scholarships awarded for the 2015‑2016 school year and each subsequent school year.
INTERNSHIPS AND CAREER‑BASED OPPORTUNITIES FOR STUDENTS ATTENDING HISTORICALLY BLACK COLLEGES AND UNIVERSITIES (HBCU)
SECTION 11.12.(a) The internship program created pursuant to S.L. 2014‑100 to provide internships and career‑based opportunities for students attending Historically Black Colleges and Universities may be offered to four or more HBCUs in the discretion of the Board of Governors of The University of North Carolina. Further, there is no requirement that Elizabeth City State University be a permanent participant in the internship program. The internship program shall be administered as provided by subsection (b) of this section.
SECTION 11.12.(b) The Board of Governors shall conduct a competitive process to select institutions of higher education that are Historically Black Colleges and Universities to participate in the internship program which links 60 students attending Historically Black Colleges and Universities with North Carolina‑based companies. The Board of Governors shall determine the number of institutions that may participate in the program; however, at least two of the institutions shall be private institutions. Funds appropriated by this act for this internship program shall be allocated only to constituent institutions of The University of North Carolina that are designated as an HBCU and private colleges and universities located in North Carolina that are designated as an HBCU.
SECTION 11.12.(c) Of the funds appropriated by this act for the support of the internship program, The University of North Carolina may use up to five percent (5%) for costs associated with administering this program.
SECTION 11.12.(d) This section applies to the 2015‑2016 fiscal year and each subsequent fiscal year.
ELIZABETH CITY STATE UNIVERSITY BUDGET STABILIZATION FUNDS REPORT
SECTION 11.13. The President of The University of North Carolina shall report each quarter of the 2015‑2016 fiscal year to the Office of State Budget and Management and the Fiscal Research Division of the General Assembly on the status of budget stabilization funds appropriated to Elizabeth City State University by this act for the purpose of enhancing technology related to enrollment and recruitment of students, campus access and safety, and human resources management. The reports shall provide detailed descriptions of the scope of work that has been completed to date, anticipated activities for the next quarter, and a plan with time line to complete the full scope of work. The reports shall also include evidence of improved services and outcomes achieved from improvements implemented using these funds. The first quarterly report required by this section shall be made no later than October 1, 2015.
SECTION 11.14. G.S. 116‑30.7 reads as rewritten:
"§ 116‑30.7. Biennial projection of enrollment growth for The University of North Carolina.
By October December 15 of each even‑numbered
year, the General Administration of The University of North Carolina shall
provide to the Joint Education Legislative Oversight Committee and to the
Office of State Budget and Management a projection of the total student
enrollment in The University of North Carolina that is anticipated for the next
biennium. The enrollment projection shall be divided into the following
categories and shall include the projected growth for each year of the biennium
in each category at each of the constituent institutions: undergraduate
students, graduate students (students earning master's and doctoral degrees),
first professional students, and any other categories deemed appropriate by
General Administration. The projection shall also distinguish between on‑campus
and distance education students. The projections shall be considered by the
Director of the Budget when determining the amount the Director proposes to
appropriate to The University of North Carolina in the Recommended State Budget
submitted pursuant to G.S. 143C‑3‑5(b)."
EARLY COLLEGE GRADUATES/UNC ADMISSION POLICY
SECTION 11.16.(a) The Board of Governors of The University of North Carolina shall adopt a policy to require each constituent institution to offer to any student who graduated from a cooperative innovative high school program with an associate degree and who applies for admission to the constituent institution the option of being considered for admission as a freshman or as a transfer student. The constituent institution shall also provide written information to the student regarding the consequences that accompany each option and any other relevant information that may be helpful to the student when considering which option to select.
SECTION 11.16.(b) Beginning November 1, 2016, the Board of Governors shall report annually to the Joint Legislative Education Oversight Committee regarding the number of students who graduated from a cooperative innovative high school program with an associate degree and which option was chosen by those students when applying for admission to a constituent institution.
SECTION 11.16.(c) This section applies to the 2016‑2017 academic year and each subsequent academic year.
SEAA FUNDS FOR ADMINISTRATION OF SPECIAL EDUCATION SCHOLARSHIP GRANT PROGRAM
SECTION 11.18. Section 5(b) of S.L. 2013‑364, as amended by Section 3.2 of S.L. 2013‑363, reads as rewritten:
"SECTION 5.(b) Of the funds allocated to NCSEAA
to be used for the award of scholarship grants to eligible students under subsection
(a) of this section, for fiscal year 2013‑2014, NCSEAA may retain up to
two hundred thousand dollars ($200,000) for administrative costs associated
with the scholarship grant program. For fiscal year 2014‑2015 2015‑2016
and subsequent years, NCSEAA may retain up to two percent (2%) four
percent (4%) annually for administrative costs associated with the
scholarship grant program."
WESTERN GOVERNORS UNIVERSITY CHALLENGE GRANT
SECTION 11.20. Of the funds appropriated in this act to the Board of Governors of The University of North Carolina, the sum of two million dollars ($2,000,000) in nonrecurring funds for the 2015‑2016 fiscal year shall be used as a challenge grant to Western Governors University to raise the sum of five million dollars ($5,000,000) in private funds for the 2015‑2016 fiscal year to establish a North Carolina campus. The allocation of two million dollars ($2,000,000) under this section is contingent upon receipt by Western Governors University of five million dollars ($5,000,000) in private funds for the purpose of establishing a North Carolina campus.
HUNT INSTITUTE/NO GENERAL FUNDS
SECTION 11.21. Notwithstanding any other provision of law, no monies from the General Fund shall be used for the support of The Hunt Institute which is an affiliate of the University of North Carolina at Chapel Hill.
PART XII. DEPARTMENT OF HEALTH AND HUMAN SERVICES
SUBPART XII‑A. CENTRAL MANAGEMENT AND SUPPORT
FUNDING FOR PROGRAMS TO IMPROVE CHILDREN'S HEALTH/ESTABLISH COMPETITIVE GRANTS PROCESS
SECTION 12A.2.(b) Designation of Lead Agency. – The Secretary of the North Carolina Department of Health and Human Services (Secretary) shall designate a lead agency that is responsible for doing all of the following:
(1) Assuming responsibility for controlling all funding and contracts designed to (i) improve North Carolina's birth outcomes, (ii) improve the overall health status of children in this State from ages birth to five, and (iii) lower this State's infant mortality rates.
(2) Working in consultation with the University of North Carolina Gillings School of Global Public Health to develop a statewide, comprehensive plan to accomplish the goals described in subdivision (1) of this subsection.
(3) Conducting a justification review of all programs and activities funded with State appropriations described in subsection (c) of this section.
SECTION 12A.2.(c) Nonrecurring Allocations. – For the 2015‑2016 fiscal year only, the Department of Health and Human Services shall allocate the following designated amounts for the following programs on a nonrecurring basis:
(1) Maternal and Child Health Contracts $2,472,094 NR
(2) High‑Risk Maternity Clinic 375,000 NR
(3) Healthy Beginnings (Two Contracts) 396,025 NR
(4) Pregnancy Care Case Management 300,901 NR
(5) Maternal, Infant, and Early Childhood Home Visiting 425,643 NR
(6) Triple P‑Positive Parenting Program 828,233 NR
(7) NC Perinatal and Maternal Substance Abuse Initiative 2,729,316 NR
(8) Perinatal Substance Abuse Specialist 45,000 NR
SECTION 12A.2.(d) Statewide Proposal and Justification Review. – By March 1, 2016, the Secretary shall submit the statewide proposal developed pursuant to subsection (b) of this section to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division for consideration during the 2016 Regular Session of the 2015 General Assembly. The statewide proposal shall include at least all of the following:
(1) Details of the statewide plan and identification of the lead agency responsible for assuring the success of the plan.
(2) Justification for continuing, reducing, or eliminating funding for the programs and activities that receive nonrecurring allocations for the 2015‑2016 fiscal year.
(3) Recommendations for reallocation of funding from programs and activities that are not evidence‑based and that are not producing positive returns on investment consistent with the goals described in subdivision (1) of subsection (b) of this section.
(4) Recommendations for investments in new initiatives that accomplish the goals described in subdivision (1) of subsection (b) of this section.
SECTION 12A.2.(e) Establishment of Competitive Grants Process for Local Health Departments. – It is the intent of the General Assembly that, beginning in the 2016‑2017 fiscal year, the Department of Health and Human Services implement a competitive grants process for local health departments based on a county's current health status and the county's detailed proposal to invest in evidence‑based programs to achieve the goals described in subdivision (1) of subsection (b) of this section. To that end, the Department shall develop a plan that establishes a competitive grants process to be administered by the Division of Central Management and Support. The Department shall develop a plan that, at a minimum, includes each of the following components:
(1) A request for application (RFA) process to allow local health departments to apply for and receive State funds on a competitive basis.
(2) A requirement that the Secretary prioritize grant awards to those local health departments that are able to leverage non‑State funds in addition to the grant award.
(3) A process that awards grants to local health departments dedicated to providing services on a countywide basis and that supports the goals described in subdivision (1) of subsection (b) of this section.
(4) Ensures that funds received by the Department to implement the plan supplement and do not supplant existing funds for health and wellness programs and initiatives.
SECTION 12A.2.(f) Funds for Competitive Grants Process. – Of the funds appropriated in this act to the Department of Health and Human Services, Division of Public Health, the sum of two million five hundred thousand dollars ($2,500,000) in recurring funds for each year of the 2015‑2017 fiscal biennium shall be used to establish the competitive grants process for local health departments described in subsection (e) of this section. The Department shall not use more than five percent (5%) of these funds for administrative purposes.
SECTION 12A.2.(g) Evaluation Protocol for Future Program Funding. – The Department shall work with the University of North Carolina Gillings School of Global Public Health (School of Global Public Health) to establish an evaluation protocol for determining program effectiveness and future funding requirements at the local level. By April 1, 2016, the Department, in consultation with the School of Global Public Health, shall submit a report to the Joint Legislative Oversight Committee on Health and Human Services on the request for application process to allow local health departments to apply for and receive State funds on a competitive basis. The report shall include the counties awarded, the amount of the award, the types of programs to be funded, and the evaluation process to be used in determining county performance.
HEALTH INFORMATION TECHNOLOGY
SECTION 12A.4.(a) The Department of Health and Human Services (Department), in cooperation with the State Chief Information Officer (State CIO), shall coordinate health information technology (HIT) policies and programs within the State of North Carolina. The goal of the DHHS CIO in coordinating State HIT policy and programs shall be to avoid duplication of efforts and to ensure that each State agency, public entity, and private entity that undertakes health information technology activities does so within the area of its greatest expertise and technical capability and in a manner that supports coordinated State and national goals, which shall include at least all of the following:
(1) Ensuring that patient health information is secure and protected, in accordance with applicable law.
(2) Improving health care quality, reducing medical errors, reducing health disparities, and advancing the delivery of patient‑centered medical care.
(3) Providing appropriate information to guide medical decisions at the time and place of care.
(4) Ensuring meaningful public input into HIT infrastructure development.
(5) Improving the coordination of information among hospitals, laboratories, physicians' offices, and other entities through an effective infrastructure for the secure and authorized exchange of health care information.
(6) Improving public health services and facilitating early identification and rapid response to public health threats and emergencies, including bioterrorist events and infectious disease outbreaks.
(7) Facilitating health and clinical research.
(8) Promoting early detection, prevention, and management of chronic diseases.
SECTION 12A.4.(b) The Department, in cooperation with the State CIO, shall establish and direct an HIT management structure that is efficient and transparent and that is compatible with the Office of the National Health Coordinator for Information Technology (National Coordinator) governance mechanism. The HIT management structure shall be responsible for all of the following:
(1) Developing a State plan for implementing and ensuring compliance with national HIT standards and for the most efficient, effective, and widespread adoption of HIT.
(2) Ensuring that (i) specific populations are effectively integrated into the State plan, including aging populations, populations requiring mental health services, and populations utilizing the public health system, and (ii) unserved and underserved populations receive priority consideration for HIT support.
(3) Identifying all HIT stakeholders and soliciting feedback and participation from each stakeholder in the development of the State plan.
(4) Ensuring that existing HIT capabilities are considered and incorporated into the State plan.
(5) Identifying and eliminating conflicting HIT efforts where necessary.
(6) Identifying available resources for the implementation, operation, and maintenance of health information technology, including identifying resources and available opportunities for North Carolina institutions of higher education.
(7) Ensuring that potential State plan participants are aware of HIT policies and programs and the opportunity for improved health information technology.
(8) Monitoring HIT efforts and initiatives in other states and replicating successful efforts and initiatives in North Carolina.
(9) Monitoring the development of the National Coordinator's strategic plan and ensuring that all stakeholders are aware of and in compliance with its requirements.
(10) Monitoring the progress and recommendations of the HIT Policy and Standards Committee and ensuring that all stakeholders remain informed of the Committee's recommendations.
(11) Monitoring all studies and reports provided to the United States Congress and reporting to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on the impact of report recommendations on State efforts to implement coordinated HIT.
SECTION 12A.4.(c) By no later than January 15, 2016, the Department shall provide a written report on the status of HIT efforts to the Joint Legislative Oversight Committees on Health and Human Services and Information Technology and to the Fiscal Research Division. The report shall be comprehensive and shall include all of the following:
(1) Current status of federal HIT initiatives.
(2) Current status of State HIT efforts and initiatives among both public and private entities.
(3) Other State information technology initiatives with potential applicability to State HIT efforts.
(4) Efforts to ensure coordination and avoid duplication of HIT efforts within the State.
(5) A breakdown of current public and private funding sources and dollar amounts for State HIT initiatives.
(6) Efforts by the DHHS CIO to coordinate HIT initiatives within the State and any obstacles or impediments to coordination.
(7) HIT research efforts being conducted within the State and sources of funding for research efforts.
(8) Opportunities for stakeholders to participate in HIT funding and other efforts and initiatives during the next quarter.
(9) Issues associated with the implementation of HIT in North Carolina and recommended solutions to these issues.
FUNDS FOR OVERSIGHT AND ADMINISTRATION OF STATEWIDE HEALTH INFORMATION EXCHANGE NETWORK
SECTION 12A.5.(a) It is the intent of the General Assembly to do all of the following with respect to health information exchange:
(1) Establish a successor HIE Network to which (i) all Medicaid providers shall be connected by July 1, 2017, and (ii) all other entities that receive State funds for the provision of health services shall be connected by January 1, 2018.
(2) Establish (i) a State‑controlled Health Information Exchange Authority to oversee and administer the successor HIE Network and (ii) a Health Information Exchange Advisory Board to provide consultation to the Authority on matters pertaining to administration and operation of the HIE Network and on statewide health information exchange, generally.
(3) Have the successor HIE Network gradually become and remain one hundred percent (100%) receipt‑supported by establishing reasonable participation fees approved by the General Assembly and by drawing down available matching funds whenever possible.
SECTION 12A.5.(b) In order to achieve the objectives described in subsection (a) of this section, funds appropriated in this act to the Department of Health and Human Services, Division of Central Management and Support, for the 2015‑2016 fiscal year and for the 2016‑2017 fiscal year to continue efforts toward the implementation of a statewide health information exchange network shall be transferred to the Department of Information Technology. By 30 days after the effective date of this section, the Secretary of the Department of Health and Human Services and the State Chief Information Officer (State CIO) shall enter into a written memorandum of understanding pursuant to which the State CIO will have sole authority to direct the expenditure of these funds until (i) the North Carolina Health Information Exchange Authority (Authority) is established and the State CIO has appointed an Authority Director and (ii) the North Carolina Health Information Exchange Advisory Board (Advisory Board) is established with members appointed pursuant to Article 29B of Chapter 90 of the General Statutes, as enacted by subsection (d) of this section. The State CIO shall use these transferred funds to accomplish the following:
(1) Beginning immediately upon receipt of the transferred funds, facilitate the following:
a. Establishment of the successor HIE Network described in subsection (a) of this section.
b. Termination or assignment to the Authority by December 31, 2015, of any contracts pertaining to the HIE Network established under Article 29A of Chapter 90 of the General Statutes (i) between the State and the NC HIE and (ii) between the NC HIE and any third parties.
(2) Fund the monthly operational expenses incurred or encumbered by the NC HIE from July 1, 2015, until December 31, 2015. Notwithstanding any other provision of law to the contrary, the total amount of monthly operating expenses paid for with these funds shall not exceed one hundred seventy‑seven thousand dollars ($177,000) per month, or a total of one million sixty‑two thousand dollars ($1,062,000) for the six‑month period commencing July 1, 2015, and ending December 31, 2015. The State CIO shall terminate payments for these monthly operational expenses upon the earlier of December 31, 2015, or upon the termination or assignment to the Authority of all contracts pertaining to the HIE Network established under Article 29A of Chapter 90 of the General Statutes (i) between the State and the NC HIE and (ii) between the NC HIE and any third parties.
The State CIO is encouraged to explore all available opportunities for the State to receive federal grant funds and federal matching funds for health information exchange.
SECTION 12A.5.(c) Once the Authority Director has been hired and the Advisory Board has been established with members appointed pursuant to Article 29B of Chapter 90 of the General Statutes, as enacted by subsection (d) of this section, the Authority shall use these funds to do the following:
(1) Fund the operational expenses of the Authority and the Advisory Board.
(2) Establish, oversee, administer, and provide ongoing support of a successor HIE Network to the HIE Network established under Article 29A of Chapter 90 of the General Statutes.
(3) Enter into any contracts necessary for the establishment, administration, and operation of the successor HIE Network.
(4) Facilitate the termination or assignment to the Authority by December 31, 2015, of any contracts pertaining to the HIE Network established under Article 29A of Chapter 90 of the General Statutes (i) between the State and the NC HIE and (ii) between the NC HIE and any third parties.
(5) Fund the monthly operational expenses incurred or encumbered by the NC HIE from July 1, 2015, until December 31, 2015. Notwithstanding any other provision of law to the contrary, the total amount of monthly operating expenses paid for with these funds shall not exceed one hundred seventy‑seven thousand dollars ($177,000) per month, or a total of one million sixty‑two thousand dollars ($1,062,000) for the six‑month period commencing July 1, 2015, and ending December 31, 2015. The Authority shall terminate payments for these monthly operational expenses upon the earlier of December 31, 2015, or upon the termination or assignment to the Authority of all contracts pertaining to the HIE Network established under Article 29A of Chapter 90 of the General Statutes (i) between the State and the NC HIE and (ii) between the NC HIE and any third parties.
The Authority is encouraged to explore all available opportunities for the State to receive federal grant funds and federal matching funds for health information exchange.
SECTION 12A.5.(d) Chapter 90 of the General Statutes is amended by adding a new Article to read:
"Article 29B.
"Statewide Health Information Exchange Act.
"§ 90‑414.1. Title.
This act shall be known and may be cited as the "Statewide Health Information Exchange Act."
"§ 90‑414.2. Purpose.
This Article is intended to improve the quality of health care delivery within this State by facilitating and regulating the use of a voluntary, statewide health information exchange network for the secure electronic transmission of individually identifiable health information among health care providers, health plans, and health care clearinghouses in a manner that is consistent with the Health Insurance Portability and Accountability Act, Privacy Rule and Security Rule, 45 C.F.R. §§ 160, 164.
"§ 90‑414.3. Definitions.
The following definitions apply in this Article:
(1) Business associate. – As defined in 45 C.F.R. § 160.103.
(2) Business associate contract. – The documentation required by 45 C.F.R. § 164.502(e)(2) that meets the applicable requirements of 45 C.F.R. § 164.504(e).
(3) Covered entity. – Any entity described in 45 C.F.R. § 160.103 or any other facility or practitioner licensed by the State to provide health care services.
(4) Disclose or disclosure. – The release, transfer, provision of access to, or divulging in any other manner an individual's protected health information through the HIE Network.
(5) Emergency medical condition. – A medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in (i) placing an individual's health in serious jeopardy, (ii) serious impairment of an individual's bodily functions, or (iii) serious dysfunction of any bodily organ or part of an individual.
(6) GDAC. – The North Carolina Government Data Analytics Center.
(7) Health Benefits Authority. – The Authority established under Article 14 of Chapter 143B of the General Statutes to operate the Medicaid and NC Health Choice programs.
(8) HIE Network. – The voluntary, statewide health information exchange network overseen and administered by the Authority.
(9) HIPAA. – The Health Insurance Portability and Accountability Act of 1996, P.L. 104‑191, as amended.
(10) Individual. – As defined in 45 C.F.R. § 160.103.
(11) North Carolina Health Information Exchange Authority or Authority. – The entity established pursuant to G.S. 90‑414.5.
(12) North Carolina Health Information Exchange Advisory Board or Advisory Board. – The Advisory Board established under G.S. 90‑414.6.
(13) Opt out. – An individual's affirmative decision to disallow his or her protected health information maintained by or on behalf of one or more specific covered entities from being disclosed to other covered entities through the HIE Network.
(14) Protected health information. – As defined in 45 C.F.R. § 160.103.
(15) Public health purposes. – The public health activities and purposes described in 45 C.F.R. § 164.512(b).
(16) Qualified organization. – An entity designated by the Authority to contract with covered entities on behalf of the Authority to facilitate the participation of such covered entities in the HIE Network.
(17) Research purposes. – Research that meets the standard described in 45 C.F.R. § 164.512(i).
(18) State CIO. – The State Chief Information Officer.
"§ 90‑414.4. Required participation in HIE Network for some providers.
(a) The General Assembly makes the following findings:
(1) That controlling escalating health care costs of the Medicaid program and other State‑funded health services is of significant importance to the State, its taxpayers, its Medicaid recipients, and other recipients of State‑funded health services.
(2) That the Health Benefits Authority needs timely access to claims and clinical information in order to assess performance, improve health care outcomes, pinpoint medical expense trends, identify beneficiary health risks, and evaluate how the State is spending money on Medicaid and other State‑funded health services.
(3) That making this clinical information available through the HIE Network will improve care coordination within and across health systems, increase care quality, enable more effective population health management, reduce duplication of medical services, augment syndromic surveillance, allow more accurate measurement of care services and outcomes, increase strategic knowledge about the health of the population, and facilitate health care cost containment.
(b) As a condition of receiving State funds, including Medicaid funds, the following entities shall connect to the HIE Network and submit individual patient demographic and clinical data on services paid for with State funds, including Medicaid funds, based on the findings set forth in subsection (a) of this section and notwithstanding the voluntary nature of the HIE Network under G.S. 90‑414.2:
(1) Each hospital, as defined in G.S. 131E‑76(3), that has an electronic health record system.
(2) Each Medicaid provider.
(3) Each provider that receives State funds for the provision of health services.
(c) The Authority shall give the Health Benefits Authority real‑time access to data and information disclosed through the HIE Network. At the request of the Director of the Fiscal Research, Bill Drafting, Research, or Program Evaluation Divisions of the General Assembly for data and information disclosed through the HIE Network or for a consolidation or analysis of the data and information disclosed through the HIE Network, the Authority shall provide the professional staff of these Divisions with data and information responsive to the Director's request. Prior to providing the General Assembly's staff with any data or information disclosed through the HIE Network or with any compilation or analysis of data or information disclosed through the HIE Network, the Authority shall redact any personal identifying information in a manner consistent with the standards specified for de‑identification of health information under the HIPAA Privacy Rule, 45 C.F.R. § 164.15, as amended.
"§ 90‑414.4A. State ownership of data disclosed through HIE Network.
Any data disclosed through the HIE Network pursuant to G.S. 90‑414.4 or any other provision of this Article shall be and will remain the sole property of the State. Any data or product derived from the data disclosed to the HIE Network pursuant to G.S. 90‑414.4 or any other provision of this Article, including a consolidation or analysis of the data, shall be and will remain the sole property of the State. The Authority shall not allow proprietary information it receives pursuant to G.S. 90‑414.4 or any other provision of this Article to be used by any person or entity for commercial purposes.
"§ 90‑414.5. North Carolina Health Information Exchange Authority.
(a) Creation. – There is hereby established the North Carolina Health Information Exchange Authority to oversee and administer the HIE Network in accordance with this Article. The Authority shall be located within the Department of Information Technology and shall be under the supervision, direction, and control of the State CIO. The State CIO shall employ an Authority Director and may delegate to the Authority Director all powers and duties associated with the daily operation of the Authority, its staff, and the performance of the powers and duties set forth in subsection (b) of this section. In making this delegation, however, the State CIO maintains the responsibility for the performance of these powers and duties.
(b) Powers and Duties. – The Authority has the following powers and duties:
(1) Oversee and administer the HIE Network in a manner that ensures all of the following:
a. Compliance with this Article.
b. Compliance with HIPAA and any rules adopted under HIPAA, including the Privacy Rule and Security Rule.
c. Compliance with the terms of any business associate contract the Authority or qualified organization enters into with a covered entity participating in the HIE Network.
d. Notice to the patient by the provider on the initial visit about the HIE Network, including information and education about the right of individuals on a continuing basis to opt out or rescind a decision to opt out.
e. Opportunity for all individuals to exercise on a continuing basis the right to opt out or rescind a decision to opt out.
f. Nondiscriminatory treatment by covered entities of individuals who exercise the right to opt out.
(2) Employ staff necessary to carry out the provisions of this Article and determine the compensation, duties, and other terms and conditions of employment of hired staff.
(3) Enter into contracts pertaining to the oversight and administration of the HIE Network, including contracts of a consulting or advisory nature. G.S. 143‑64.20 does not apply to this subdivision.
(4) Establish fees approved by the General Assembly for participation in the HIE Network.
(5) Following consultation with the Advisory Board, develop and enter into written participation agreements with covered entities that utilize the HIE Network. The participation agreements shall specify the terms and conditions governing participation in the HIE Network. The agreement shall also require compliance with policies developed by the Authority pursuant to this Article or pursuant to applicable laws of the state of residence for entities located outside of North Carolina. In lieu of entering into a participation agreement directly with covered entities, the Authority may enter into participation agreements with qualified organizations, which in turn enter into participation agreements with covered entities.
(6) Add, remove, disclose, and access protected health information through the HIE Network in accordance with this Article.
(7) Following consultation with the Advisory Board, enter into a business associate contract with each of the covered entities participating in the HIE Network. In lieu of entering into a business associate contract directly with covered entities, the Authority may enter into business associate contracts with qualified organizations, which in turn may enter into business associate contracts with covered entities.
(8) Following consultation with the Advisory Board, grant user rights to the HIE Network to business associates of covered entities participating in the HIE Network (i) at the request of the covered entities and (ii) at the discretion of the Authority upon consideration of the business associates' legitimate need for utilizing the HIE Network and privacy and security concerns.
(9) Facilitate and promote use of the HIE Network by covered entities.
(10) Periodically monitor compliance with this Article by covered entities participating in the HIE Network.
(11) Collect clinical health data from all Medicaid providers and other providers that receive State funds for the provision of health services in order to ensure the efficient delivery of Medicaid and other health services and to improve patient outcomes and measure performance.
(12) Collaborate with the State CIO to ensure that resources available through the GDAC are properly leveraged, assigned, or deployed to support the work of the Authority. The duty to collaborate under this subdivision includes collaboration on data hosting and development, implementation, operation, and maintenance of the HIE Network.
(13) Initiate or direct expansion of existing public‑private partnerships within the GDAC as necessary to meet the requirements, duties, and obligations of the Authority. Notwithstanding any other provision of law and subject to the availability of funds, the State CIO, at the request of the Authority, shall assist and facilitate expansion of existing contracts related to the HIE Network, provided that such request is made in writing by the Authority to the State CIO with reference to specific requirements set forth in this Article.
(14) In consultation with the Advisory Board, develop a strategic plan for achieving statewide participation in the HIE Network by all hospitals and health care providers licensed in this State.
(15) In consultation with the Advisory Board, define the following with respect to operation of the HIE Network:
a. Business policy.
b. Protocols for data integrity, data sharing, data security, HIPAA compliance, and business intelligence as defined in G.S. 143B‑426.38A. To the extent permitted by HIPAA, protocols for data sharing shall allow for the disclosure of data for academic research.
c. Qualitative and quantitative performance measures.
d. An operational budget and assumptions.
(16) Annually report to the Joint Legislative Oversight Committees on the Health Benefits Authority and Information Technology on the following:
a. The operation of the HIE Network.
b. Any efforts or progress in expanding participation in the HIE Network.
c. Health care trends based on information disclosed through the HIE Network.
"§ 90‑414.6. North Carolina Health Information Exchange Advisory Board.
(a) Creation and Membership. – There is hereby established the North Carolina Health Information Exchange Advisory Board within the Department of Information Technology. The Advisory Board shall consist of the following nine members:
(1) The following three members appointed by the President Pro Tempore of the Senate:
a. A licensed physician in good standing and actively practicing in this State.
b. A patient representative.
c. An individual with technical expertise in health data analytics.
(2) The following three members appointed by the Speaker of the House of Representatives:
a. A representative of a critical access hospital.
b. A representative of a federally qualified health center.
c. An individual with technical expertise in health information technology.
(3) The following three ex officio, nonvoting members:
a. The State Chief Information Officer or a designee.
b. The Program Manager of GDAC or a designee.
c. The Chief Executive Officer of the Health Benefits Authority or a designee.
(b) Chairperson. – A chairperson shall be elected from among the members. The chairperson shall organize and direct the work of the Advisory Board.
(c) Administrative Support. – The Department of Information Technology shall provide necessary clerical and administrative support to the Advisory Board.
(d) Meetings. – The Advisory Board shall meet at least quarterly and at the call of the chairperson. A majority of the Advisory Board constitutes a quorum for the transaction of business.
(e) Terms. – In order to stagger terms, in making initial appointments, the President Pro Tempore shall designate two of the members appointed under subdivision (1) of subsection (a) of this section to serve for a one‑year period from the date of appointment, and the Speaker of the House of Representatives shall designate two members appointed under subdivision (2) of subsection (a) of this section to serve for a one‑year period from the date of appointment. The remaining voting members shall serve two‑year periods. Future appointees who are voting members shall serve terms of two years, with staggered terms based on this subsection. Voting members may serve up to two consecutive terms, not including the abbreviated two‑year terms that establish staggered terms or terms of less than two years that result from the filling of a vacancy. Ex officio, nonvoting members are not subject to these term limits. A vacancy other than by expiration of a term shall be filled by the appointing authority.
(f) Expenses. – Members of the Advisory Board who are State officers or employees shall receive no compensation for serving on the Advisory Board but may be reimbursed for their expenses in accordance with G.S. 138‑6. Members of the Advisory Board who are full‑time salaried public officers or employees other than State officers or employees shall receive no compensation for serving on the Advisory Board but may be reimbursed for their expenses in accordance with G.S. 138‑5(b). All other members of the Advisory Board may receive compensation and reimbursement for expenses in accordance with G.S. 138‑5.
(g) Duties. – The Advisory Board shall provide consultation to the Authority with respect to the advancement, administration, and operation of the HIE Network and on matters pertaining to health information exchange, generally. In carrying out its responsibilities, the Advisory Board may form committees of the Advisory Board to examine particular issues related to the advancement, administration, or operation of the HIE Network.
"§ 90‑414.7. Participation by covered entities.
(a) Each covered entity that elects to participate in the HIE Network shall enter into a business associate contract and a written participation agreement with the Authority or qualified organization prior to disclosing or accessing any protected health information through the HIE Network.
(b) Each covered entity that elects to participate in the HIE Network may authorize its business associates to disclose or access protected health information on behalf of the covered entity through the HIE Network in accordance with this Article and at the discretion of the Authority, as provided in G.S. 90‑414.5(b)(8).
(c) Notwithstanding any State law or regulation to the contrary, each covered entity that elects to participate in the HIE Network may disclose an individual's protected health information through the HIE Network (i) to other covered entities for any purpose permitted by HIPAA, unless the individual has exercised the right to opt out, and (ii) in order to facilitate the provision of emergency medical treatment to the individual, subject to the requirements set forth in G.S. 90‑414.8(e).
(d) Any health care provider who relies in good faith upon any information provided through the Authority or through a qualified organization in the health care provider's treatment of a patient shall not incur criminal or civil liability for damages caused by the inaccurate or incomplete nature of this information.
"§ 90‑414.8. Continuing right to opt out; effect of opt out; exception for emergency medical treatment.
(a) Each individual has the right on a continuing basis to opt out or rescind a decision to opt out.
(b) The Authority or its designee shall enforce an individual's decision to opt out or rescind an opt out prospectively from the date the Authority or its designee receives notice of the individual's decision to opt out or rescind an opt out in the manner prescribed by the Authority. An individual's decision to opt out or rescind an opt out does not affect any disclosures made by the Authority or covered entities through the HIE Network prior to receipt by the Authority or its designee of the individual's notice to opt out or rescind an opt out.
(c) A covered entity may not deny treatment or benefits to an individual because of the individual's decision to opt out. However, nothing in this Article is intended to restrict a treating physician from otherwise appropriately terminating a relationship with a patient in accordance with applicable law and professional ethical standards.
(d) Except as otherwise permitted in subsection (e) of this section and G.S. 90‑414.9(a)(3), the protected health information of an individual who has exercised the right to opt out may not be disclosed to covered entities through the HIE Network for any purpose.
(e) The protected health information of an individual who has exercised the right to opt out may be disclosed through the HIE Network in order to facilitate the provision of emergency medical treatment to the individual if all of the following criteria are met:
(1) The reasonably apparent circumstances indicate to the treating health care provider that (i) the individual has an emergency medical condition, (ii) a meaningful discussion with the individual about whether to rescind a previous decision to opt out is impractical due to the nature of the individual's emergency medical condition, and (iii) information available through the HIE Network could assist in the diagnosis or treatment of the individual's emergency medical condition.
(2) The disclosure through the HIE Network is limited to the covered entities providing diagnosis and treatment of the individual's emergency medical condition.
(3) The circumstances and extent of the disclosure through the HIE Network is recorded electronically in a manner that permits the Authority or its designee to periodically audit compliance with this subsection.
"§ 90‑414.9. Construction and applicability.
(a) Nothing in this Article shall be construed to do any of the following:
(1) Impair any rights conferred upon an individual under HIPAA, including all of the following rights related to an individual's protected health information:
a. The right to receive a notice of privacy practices.
b. The right to request restriction of use and disclosure.
c. The right of access to inspect and obtain copies.
d. The right to request amendment.
e. The right to request confidential forms of communication.
f. The right to receive an accounting of disclosures.
(2) Authorize the disclosure of protected health information through the HIE Network to the extent that the disclosure is restricted by federal laws or regulations, including the federal drug and alcohol confidentiality regulations set forth in 42 C.F.R. Part 2.
(3) Restrict the disclosure of protected health information through the HIE Network for public health purposes or research purposes, so long as disclosure is permitted by both HIPAA and State law.
(4) Prohibit the Authority or any covered entity participating in the HIE Network from maintaining in the Authority's or qualified organization's computer system a copy of the protected health information of an individual who has exercised the right to opt out, as long as the Authority or the qualified organization does not access, use, or disclose the individual's protected health information for any purpose other than for necessary system maintenance or as required by federal or State law.
(b) This Article applies only to disclosures of protected health information made through the HIE Network, including disclosures made within qualified organizations. It does not apply to the use or disclosure of protected health information in any context outside of the HIE Network, including the redisclosure of protected health information obtained through the HIE Network.
"§ 90‑414.10. Penalties and remedies.
A covered entity that discloses protected health information in violation of this Article is subject to the following:
(1) Any civil penalty or criminal penalty, or both, that may be imposed on the covered entity pursuant to the Health Information Technology for Economic and Clinical Health (HITECH) Act, P.L. 111‑5, Div. A, Title XIII, section 13001, as amended, and any regulations adopted under the HITECH Act.
(2) Any civil remedy under the HITECH Act or any regulations adopted under the HITECH Act that is available to the Attorney General or to an individual who has been harmed by a violation of this Article, including damages, penalties, attorneys' fees, and costs.
(3) Disciplinary action by the respective licensing board or regulatory agency with jurisdiction over the covered entity.
(4) Any penalty authorized under Article 2A of Chapter 75 of the General Statutes if the violation of this Article is also a violation of Article 2A of Chapter 75 of the General Statutes.
(5) Any other civil or administrative remedy available to a plaintiff by State or federal law or equity."
SECTION 12A.5.(e) G.S. 126‑5 is amended by adding a new subdivision to read:
"§ 126‑5. Employees subject to Chapter; exemptions.
…
(c1) Except as to the provisions of Articles 6 and 7 of this Chapter, the provisions of this Chapter shall not apply to:
…
(31) Employees of the North Carolina Health Information Exchange Authority."
SECTION 12A.5.(f) Article 29A of Chapter 90 of the General Statutes is repealed.
SECTION 12A.5.(g) Subsections (d) and (e) of this section become effective October 1, 2015. Subsection (f) of this section becomes effective on the date the State Chief Information Officer notifies the Revisor of Statutes that all contracts pertaining to the HIE Network established under Article 29A of Chapter 90 of the General Statutes (i) between the State and the NC HIE, as defined in G.S. 90‑413.3, and (ii) between the NC HIE and any third parties have been terminated or assigned to the North Carolina Health Information Exchange Authority established under Article 29B of Chapter 90 of the General Statutes, as enacted by subsection (d) of this section. The remainder of this section becomes effective July 1, 2015.
FUNDS FOR NCTRACKS, THE REPLACEMENT MULTIPAYER MEDICAID MANAGEMENT INFORMATION SYSTEM
SECTION 12A.6. Of the funds appropriated in this act to the Department of Health and Human Services, Division of Central Management and Support, for NCTRACKS, the sum of four hundred thousand dollars ($400,000) for the 2015‑2016 fiscal year and the sum of four hundred thousand dollars ($400,000) for the 2016‑2017 fiscal year shall be used to operate and maintain NCTRACKS; and the sum of two million three hundred thousand dollars ($2,300,000) in nonrecurring funds for the 2015‑2016 fiscal year and the sum of nine hundred forty thousand dollars ($940,000) in nonrecurring funds for the 2016‑2017 fiscal year shall be used to develop and implement the ICD‑10 Project and the Business Process Automated System for the Division of Health Service Regulation. In addition, overrealized receipts are hereby appropriated to the Department of Health and Human Services, Division of Central Management and Support, up to the amounts necessary to implement this section. In the event it becomes necessary for the Department to utilize these overrealized receipts or any other funds appropriated to the Department to implement this section, the Department shall first (i) obtain prior approval from the Office of State Budget and Management (OSBM) and (ii) consult with the Joint Legislative Oversight Committees on Health and Human Services and Information Technology and the Fiscal Research Division. As part of the consultation required by this section, the Department shall provide the amounts of any overrealized receipts or other funds it intends to use to make up for any shortfall in funding for NCTRACKS and an explanation of the circumstances necessitating the use of overrealized receipts or other funds to make up for the shortfall.
FUNDS FOR NORTH CAROLINA FAMILIES ACCESSING SERVICES THROUGH TECHNOLOGY (NC FAST)
SECTION 12A.7.(a) Departmental receipts appropriated in this act in the amount of nine million eight hundred seventy‑one thousand fifty‑nine dollars ($9,871,059) for the 2015‑2016 fiscal year and thirteen million two hundred twenty thousand six hundred sixty‑five dollars ($13,220,665) for the 2016‑2017 fiscal year shall be used to provide ongoing maintenance and operations for the NC FAST system, including the creation of three full‑time equivalent technology support analyst positions.
SECTION 12A.7.(b) Prior year earned revenue appropriated in this act in the amount of six million six hundred forty‑seven thousand eight hundred forty‑nine dollars ($6,647,849) for the 2015‑2016 fiscal year and five million two hundred ninety‑eight thousand one hundred seventy‑eight dollars ($5,298,178) for the 2016‑2017 fiscal year and the cash balance in Budget Code 24410 Fund 2411 for the North Carolina Families Accessing Services through Technology (NC FAST) project shall be used to match federal funds in the 2015‑2016 and 2016‑2017 fiscal years to expedite the development and implementation of Child Care, Low Income Energy Assistance, Crisis Intervention Programs, Child Services, and NC FAST Federally‑Facilitated Marketplace (FFM) Interoperability components of the NC FAST program. The Department shall report any changes in approved federal funding or federal match rates within 30 days after the change to the Joint Legislative Oversight Committees on Health and Human Services and Information Technology and the Fiscal Research Division.
COMPETITIVE GRANTS/NONPROFIT ORGANIZATIONS, HEALTH DISPARITY‑RELATED INITIATIVES, AND PHYSICAL HEALTH AND NUTRITION
SECTION 12A.8.(a) Of the funds appropriated in this act to the Department of Health and Human Services, Division of Central Management and Support, the following amounts shall be used for the specified purposes:
(1) The sum of ten million three hundred twenty‑eight thousand nine hundred eleven dollars ($10,328,911) for each year of the 2015‑2017 fiscal biennium and the sum of three million eight hundred fifty‑two thousand five hundred dollars ($3,852,500) appropriated in Section 12I.1 of this act in Social Services Block Grant funds for each year of the 2015‑2017 fiscal biennium shall be used to allocate funds for nonprofit organizations.
(2) The sum of three million two hundred ninety‑nine thousand five hundred seventy‑six dollars ($3,299,576), offset by receipts in the amount of one hundred fifty‑five thousand four hundred sixty‑eight dollars ($155,468) for each year of the 2015‑2017 fiscal biennium and the sum of two million seven hundred fifty‑six thousand eight hundred fifty‑five dollars ($2,756,855) appropriated in Section 12I.1 of this act in Preventive Health Services Block Grant funds for the 2015‑2016 fiscal year shall be used to continue the established competitive grants process for health disparity‑related initiatives.
(3) The sum of four hundred twenty‑six thousand three hundred thirty‑three dollars ($426,333), offset by receipts in the amount of one hundred sixty thousand twenty‑one dollars ($160,021) for each year of the 2015‑2017 fiscal biennium and the sum of one million two hundred forty‑three thousand eight hundred ninety‑nine dollars ($1,243,899) appropriated in Section 12I.1 of this act in Preventive Health Services Block Grant funds for the 2015‑2016 fiscal year shall be used to establish a competitive grants process for physical health and nutrition‑related initiatives.
SECTION 12A.8.(b) Nonprofit Organizations. –
(1) The Department shall continue administering a competitive grants process for nonprofit funding. The Department shall administer a plan that, at a minimum, includes each of the following:
a. A request for application (RFA) process to allow nonprofits to apply for and receive State funds on a competitive basis. The Department shall require nonprofits to include in the application, a plan to evaluate the effectiveness, including measurable impact or outcomes, of the activities, services, and programs for which the funds are being requested.
b. A requirement that nonprofits match a minimum of fifteen percent (15%) of the total amount of the grant award.
c. A requirement that the Secretary prioritize grant awards to those nonprofits that are able to leverage non‑State funds in addition to the grant award.
d. A process that awards grants to nonprofits that have the capacity to provide services on a statewide basis and that support any of the following State health and wellness initiatives:
1. A program targeting advocacy, support, education, or residential services for persons diagnosed with autism.
2. A system of residential supports for those afflicted with substance abuse addiction.
3. A program of advocacy and supports for individuals with intellectual and developmental disabilities or severe and persistent mental illness, substance abusers, or the elderly.
4. Supports and services to children and adults with developmental disabilities or mental health diagnoses.
5. A food distribution system for needy individuals.
6. The provision and coordination of services for the homeless.
7. The provision of services for individuals aging out of foster care.
8. Programs promoting wellness, physical activity, and health education programming for North Carolinians.
9. The provision of services and screening for blindness.
10. Provision for the delivery of after‑school services for apprenticeships or mentoring at‑risk youth.
11. The provision of direct services for amyotrophic lateral sclerosis (ALS) and those diagnosed with the disease.
12. A comprehensive smoking prevention and cessation program that screens and treats tobacco use in pregnant women and postpartum mothers.
13. A program providing short‑term or long‑term residential substance abuse services. For purposes of this sub‑subdivision, "long‑term" means a minimum of 12 months.
e. Ensures that funds received by the Department to implement the plan supplement and do not supplant existing funds for health and wellness programs and initiatives.
f. Allows grants to be awarded to nonprofits for up to two years.
g. With grants awarded beginning July 1, 2016, a requirement that of the funds provided for competitive grants pursuant to this section, a minimum of five percent (5%) of the grants be awarded to new grant recipients who did not receive grant awards during the previous competitive grants process.
(2) No later than July 1, 2015, and every two years thereafter, as applicable, the Secretary shall announce the recipients of the competitive grant awards and allocate funds to the grant recipients for the respective grant period pursuant to the amounts designated under subdivision (1) of subsection (a) of this section. After awards have been granted, the Secretary shall submit a report to the Joint Legislative Oversight Committee on Health and Human Services on the grant awards that includes at least all of the following:
a. The identity and a brief description of each grantee and each program or initiative offered by the grantee.
b. The amount of funding awarded to each grantee.
c. The number of persons served by each grantee, broken down by program or initiative.
(3) No later than December 1 of each fiscal year, each nonprofit organization receiving funding pursuant to this subsection in the respective fiscal year shall submit to the Division of Central Management and Support a written report of all activities funded by State appropriations. The report shall include the following information about the fiscal year preceding the year in which the report is due:
a. The entity's mission, purpose, and governance structure.
b. A description of the types of programs, services, and activities funded by State appropriations.
c. Statistical and demographical information on the number of persons served by these programs, services, and activities, including the counties in which services are provided.
d. Outcome measures that demonstrate the impact and effectiveness of the programs, services, and activities.
e. A detailed program budget and list of expenditures, including all positions funded, matching expenditures, and funding sources.
(4) For the 2015‑2017 fiscal biennium only, from the funds identified in subdivision (1) of subsection (a) of this section, the Department shall allocate the sum of two million four hundred twenty-seven thousand nine hundred seventy-five dollars ($2,427,975) in each year of the 2015-2017 fiscal biennium to provide grants to Boys and Girls Clubs across the State to implement (i) programs that improve the motivation, performance, and self-esteem of youth and (ii) other initiatives that would be expected to reduce gang participation, school dropout, and teen pregnancy rates. Boys and Girls Clubs shall be required to seek future funding through the competitive grants process in accordance with subdivision (1) of this subsection.
SECTION 12A.8.(c) Health Disparity‑Related Initiatives. –
(1) Funds identified in subdivision (2) of subsection (a) of this section shall be used to continue the competitive grants process established to close the gap in the health status of African‑Americans, Hispanics/Latinos, and American Indians as compared to the health status of white persons. These grants shall continue to focus on the use of measures to eliminate or reduce health disparities among minority populations in this State with respect to heart disease, stroke, diabetes, obesity, asthma, HIV/AIDS, cancer, infant mortality, and low birth weight.
(2) It is the intent of the General Assembly that the Department continue implementing the competitive grants process established for health disparity‑related initiatives funding to be administered by the Division of Central Management and Support. The Department shall continue implementing a process that, at a minimum, includes each of the following:
a. A request for application (RFA) process to allow an entity to apply for and receive State funds on a competitive basis. The Department shall require entities to include in the application, a plan to evaluate the effectiveness, including measurable impact or outcomes, of activities, services, and programs for which the funds are being requested.
b. The amount of any grant award is limited to three hundred thousand dollars ($300,000).
c. Only community‑based organizations, faith‑based organizations, local health departments, and hospitals located in urban and rural areas of the western, eastern, and Piedmont areas of this State are eligible to apply for these grants. No more than four grants shall be awarded to applicants located in any one of the three areas specified in this sub‑subdivision.
d. Each eligible applicant shall be required to demonstrate substantial participation and involvement with all other categories of eligible applicants in order to ensure an evidence‑based medical home model that will affect change in health and geographic disparities.
e. Eligible applicants shall select one or more of the following chronic illnesses or conditions specific to the applicant's geographic area as the basis for applying for a grant under this subdivision to affect change in the health status of African‑Americans, Hispanics/Latinos, or American Indians:
1. Heart disease.
2. Stroke.
3. Diabetes.
4. Obesity.
5. Asthma.
6. HIV/AIDS.
7. Cancer.
8. Infant mortality.
9. Low birth weight.
f. The minimum duration of the grant period for any grant awarded under this subsection is two years.
g. The maximum duration of the grant period for any grant awarded under this subsection is three years.
h. If approved for a grant award, the grantee (i) shall not use more than eight percent (8%) of the grant funds for overhead costs and (ii) shall be required at the end of the grant period to demonstrate significant gains in addressing one or more of the health disparity focus areas identified in subdivision (1) of this subsection.
i. An independent panel with expertise in the delivery of services to minority populations, health disparities, chronic illnesses and conditions, and HIV/AIDS shall conduct the review of applications for grants. The Department shall establish the independent panel required by this sub‑subdivision.
(3) The grants awarded under this subsection shall be awarded in honor of the memory of the following deceased members of the General Assembly: Bernard Allen, Pete Cunningham, John Hall, Robert Holloman, Howard Hunter, Ed Jones, Jeanne Lucas, Vernon Malone, William Martin, and William Wainwright. These funds shall be used for concerted efforts to address large gaps in health status among North Carolinians who are African‑American, as well as disparities among other minority populations in North Carolina.
(4) By October 1, 2017, the Department shall submit a report to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division on funds appropriated for grants allocated pursuant to this subsection for the 2015‑2017 fiscal biennium. The report shall include specific activities undertaken by grantees pursuant to subdivision (1) of this subsection to address large gaps in health status among North Carolinians who are African‑American and other minority populations in this State and shall also address all of the following:
a. Which community‑based organizations, faith‑based organizations, local health departments, and hospitals received grants.
b. The amount of funding awarded to each grantee.
c. Which of the minority populations were served by each grantee.
d. Which community‑based organizations, faith‑based organizations, local health departments, and hospitals were involved in fulfilling the goals and activities of each grant‑in‑aid awarded under this section and what activities were planned and implemented by the grantee to fulfill the community focus of grants awarded pursuant to this subsection.
e. How the activities implemented by the grantee fulfilled the goal of reducing health disparities among minority populations and the specific success in reducing particular incidences.
SECTION 12A.8.(d) Physical Health and Nutrition‑Related Activities. –
(1) Funds identified in subdivision (3) of subsection (a) of this section shall be used to establish and administer a competitive grants process for programs demonstrated to improve physical health and nutrition across the State.
(2) It is the intent of the General Assembly that, beginning fiscal year 2015‑2016, the Department implements a competitive grants process for physical health and nutrition‑related initiatives funding. To that end, the Department shall develop a plan that establishes a competitive grants process to be administered by the Division of Central Management and Support. The Department shall develop a plan that, at a minimum, includes each of the following:
a. A request for application (RFA) process to allow an entity to apply for and receive State funds on a competitive basis. The Department shall require entities to include in the application, a plan to evaluate the effectiveness, including measurable impact or outcomes, of activities, services, and programs for which the funds are being requested.
b. A process that awards grants to entities that have the capacity to provide services on a statewide basis and support physical health and nutrition initiatives.
c. Ensures that funds received by the Department to implement the plan supplement and do not supplant existing funds for physical health and nutrition programs and initiatives.
d. Allows grants to be awarded for up to two years.
(4) No later than March 1, 2016, the Secretary of Health and Human Services shall implement the plan for the competitive grants process.
(5) No later than July 1, 2016, the Secretary shall announce the recipients of the competitive grant awards and allocate funds to the grant recipients for the 2016‑2017 fiscal year pursuant to the amounts designated under subdivision (3) of subsection (a) of this section. After awards have been granted, the Secretary shall submit a report to the Joint Legislative Oversight Committee on Health and Human Services on the grant awards that includes at least all of the following:
a. The identity and a brief description of each grantee and each program or initiative offered by the grantee.
b. The amount of funding awarded to each grantee.
c. The number of persons served by each grantee, broken down by program or initiative.
(6) No later than December 1, 2016, each program receiving funding pursuant to subdivision (3) of subsection (a) of this section shall submit to the Division of Central Management and Support a written report of all activities funded by State appropriations. The report shall include the following information about the fiscal year preceding the year in which the report is due:
a. The entity's mission, purpose, and governance structure.
b. A description of the type of program, service, or activity funded by State appropriations.
c. Statistical and demographical information on the number of persons served by the program, service, or activity, including the counties in which services are provided.
d. Outcome measures that demonstrate the impact and effectiveness of the program, service, or activity.
e. A detailed program budget and list of expenditures, including all positions funded and funding sources.
f. The source and amount of any matching funds received by the entity.
COMMUNITY HEALTH GRANT PROGRAM CHANGES
SECTION 12A.9. The Department of Health and Human Services, Office of Rural Health and Community Care, shall repurpose two million two hundred fifty thousand dollars ($2,250,000) in Health Net appropriations to the Community Health Grant Program. The new appropriation for this program is seven million six hundred eighty‑seven thousand one hundred sixty‑nine dollars ($7,687,169) in recurring funds. To ensure continuity of care, safety‑net agencies receiving Health Net funds at the end of the 2014‑2015 fiscal year shall be eligible to apply for and receive Community Health Grant funds at their current level of funding for the 2015‑2016 and 2016‑2017 fiscal years. After the 2016‑2017 fiscal year, these agencies must submit an application for funding through the competitive Community Health Grant process. The Community Health Grant Program is available to rural health centers, free clinics, public health departments, school‑based health centers, federally qualified health centers, and other nonprofit organizations that provide primary care and preventive health services to low‑income populations, including uninsured, underinsured, Medicaid, and Medicare residents across the State.
RURAL HEALTH LOAN REPAYMENT PROGRAMS
SECTION 12A.10.(a) The Department of Health and Human Services, Office of Rural Health and Community Care, shall use funds appropriated in this act for loan repayment to medical, dental, and psychiatric providers practicing in State hospitals or in rural or medically underserved communities in this State to combine the following loan repayment programs in order to achieve efficient and effective management of these programs:
(1) The Physician Loan Repayment Program.
(2) The Psychiatric Loan Repayment Program.
(3) The Loan Repayment Initiative at State Facilities.
SECTION 12A.10.(b) These funds may be used for the following additional purposes:
(1) Continued funding of the State Loan Repayment Program for primary care providers and expansion of State incentives to general surgeons practicing in Critical Access Hospitals (CAHs) located across the State.
(2) Expansion of the State Loan Repayment Program to include eligible providers residing in North Carolina who use telemedicine in rural and underserved areas.
FUNDS FOR COMMUNITY PARAMEDICINE PILOT PROgram
SECTION 12A.12.(a) Of the funds appropriated in this act to the Department of Health and Human Services, Division of Central Management and Support, for the 2015‑2016 fiscal year, the sum of three hundred fifty thousand dollars ($350,000) shall be used to implement a community paramedicine pilot program. The pilot program shall focus on expanding the role of paramedics to allow for community‑based initiatives that result in providing care that avoids nonemergency use of emergency rooms and 911 services and avoids unnecessary admissions into health care facilities.
SECTION 12A.12.(b) The North Carolina Office of Emergency Medical Services (NCOEMS) shall set the education standards and other requirements necessary to qualify as a community paramedic eligible to participate in the pilot program established in subsection (a) of this section. The Department shall consult with the NCOEMS to define the objectives, set standards, and establish the required outcomes for the pilot program.
SECTION 12A.12.(c) The Department of Health and Human Services shall establish up to three program sites to implement the community paramedicine pilot program, one of which shall be New Hanover Regional Emergency Medical Services. For the 2015‑2016 fiscal year, the New Hanover Regional Emergency Medical Services program site shall be awarded up to two hundred ten thousand dollars ($210,000), and each of the remaining program sites may be awarded up to seventy thousand dollars ($70,000). In selecting the remaining program sites, the Department may give preference to counties that currently have an established community paramedic program.
SECTION 12A.12.(d) The Department of Health and Human Services shall submit a report to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Committee on Health and Human Services, and the Fiscal Research Division by June 1, 2016, on the progress of the pilot program and shall include an evaluation plan based on the U.S. Department of Health and Human Services, Health Resources and Services Administration Office of Rural Health Policy's Community Paramedicine Evaluation Tool published in March 2012.
SECTION 12A.12.(e) The Department of Health and Human Services shall submit a final report to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division by November 1, 2016. At a minimum, the final report shall include all of the following:
(1) An updated version of the evaluation plan required by subsection (d) of this section.
(2) An estimate of the cost to expand the program incrementally and statewide.
(3) An estimate of any potential savings of State funds associated with expansion of the program.
(4) If expansion of the program is recommended, a time line for expanding the program.
FUNDS FOR DESIGN AND IMPLEMENTATION OF CONTRACTING SPECIALIST AND CERTIFICATION PROGRAM
SECTION 12A.13. Funds appropriated in this act to the Department of Health and Human Services, Division of Central Management and Support, for the design of a contracting specialist training and certification program for management level personnel within the Department of Health and Human Services (DHHS) shall be used as follows:
(1) For the 2015‑2016 fiscal year, the sum of one hundred fifty thousand dollars ($150,000) in nonrecurring funds shall be allocated to the University of North Carolina School of Government (SOG) to design the program for permanent administration by the Office of State Human Resources (OSHR). SOG shall design a program that is similar to its Certified Local Government Purchasing Officer program and local purchasing and contracts program. OSHR, SOG, and the Office of the State Chief Information Officer shall provide assistance on program design and implementation as requested by DHHS, OSHR, or SOG. To the extent practical, DHHS, OSHR, and SOG shall design and develop the program as a prototype for a State government‑wide program. Although designed for personal and professional services contracting, the design may incorporate any applicable best practices for construction and technology contracting.
(2) For the 2016‑2017 fiscal year:
a. The sum of twenty‑five thousand dollars ($25,000) in nonrecurring funds shall be used to assist both DHHS and OSHR with program implementation.
b. The sum of one hundred seventy‑five thousand dollars ($175,000) in recurring funds shall be used for program support and to fund two full‑time equivalent positions within OSHR dedicated to oversight of, and training for, this new program.
Child Welfare Case Management System
SECTION 12A.14.(a) Funds appropriated in this act to the Department of Health and Human Services, Division of Central Management and Support, in the amount of five million eight hundred three thousand dollars ($5,803,000) in nonrecurring funds and prior year earned revenue in the amount of two million seven hundred fifty‑two thousand one hundred fifty‑one dollars ($2,752,151) for the 2015‑2016 fiscal year and in the amount of thirteen million fifty‑two thousand dollars ($13,052,000) in nonrecurring funds and prior year earned revenue in the amount of four million one hundred one thousand eight hundred twenty‑four dollars ($4,101,824) for the 2016‑2017 fiscal year shall be used to purchase a child welfare case management system that has demonstrated its ability to provide child welfare case management services in another state within the United States. The Division shall purchase a system that can be integrated with North Carolina Families Accessing Services through Technology (NC FAST) and the work product of the Child Protective Services Pilot Project being conducted in accordance with Section 12C.11 of this act. The Division shall issue a request for proposals (RFP) in selecting a system for purchase. The Department shall not move forward with implementing the child welfare case management system in NC FAST.
SECTION 12A.14.(b) It is the intent of the General Assembly that beginning fiscal year 2016‑2017, all Department of Health and Human Services' information technology assets, resources, and personnel transfer to the Department of Information Technology, as created in this act. To that end, the planning, development, and implementation of the child welfare case management system described in this section shall be coordinated with the Department of Information Technology.
SECTION 12A.14.(c) The Department shall report on the results of the RFP to the Joint Legislative Oversight Committee on Health and Human Services, the Joint Legislative Oversight Committee on Information Technology, and the Fiscal Research Division no later than October 1, 2016.
HEALTH CARE COST REDUCTION AND TRANSPARENCY ACT REVISIONS
SECTION 12A.15. G.S. 131E‑214.13 reads as rewritten:
"§ 131E‑214.13. Disclosure of prices for most frequently reported DRGs, CPTs, and HCPCSs.
(a) The following definitions apply in this Article:
(1) Ambulatory surgical facility. – A facility licensed under Part 4 of Article 6 of this Chapter.
(2) Commission. – The North Carolina Medical Care Commission.
(3) Health insurer. – An entity that writes a health benefit plan and is one of the following:
a. An insurance company under Article 3 of Chapter 58 of the General Statutes.
b. A service corporation under Article 65 of Chapter 58 of the General Statutes.
c. A health maintenance organization under Article 67 of Chapter 58 of the General Statutes.
d. A third‑party administrator of one or more group health plans, as defined in section 607(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. § 1167(1)).
(4) Hospital. – A medical care facility licensed under Article 5 of this Chapter or under Article 2 of Chapter 122C of the General Statutes.
(5) Public or private third party. – Includes the State, the federal government, employers, health insurers, third‑party administrators, and managed care organizations.
(b) Beginning with the quarter ending June 30,
2014, reporting period ending September 30, 2015, and quarterly annually
thereafter, each hospital shall provide to the Department of Health and
Human Services, utilizing electronic health records software, the following
information about the 100 most frequently reported admissions by DRG for
inpatients as established by the Department:
(1) The amount that will be charged to a patient for each DRG if all charges are paid in full without a public or private third party paying for any portion of the charges.
(2) The average negotiated settlement on the amount that will be charged to a patient required to be provided in subdivision (1) of this subsection.
(3) The amount of Medicaid reimbursement for each DRG, including claims and pro rata supplemental payments.
(4) The amount of Medicare reimbursement for each DRG.
(5) For each of the five largest health insurers providing payment to the hospital on behalf of insureds and teachers and State employees, the range and the average of the amount of payment made for each DRG. Prior to providing this information to the Department, each hospital shall redact the names of the health insurers and any other information that would otherwise identify the health insurers.
A hospital shall not be required to report the information required by this subsection for any of the 100 most frequently reported admissions where the reporting of that information reasonably could lead to the identification of the person or persons admitted to the hospital in violation of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) or other federal law.
(c) The Commission shall adopt rules on or before January
1, 2015, March 1, 2016, to ensure that subsection (b) of this
section is properly implemented and that hospitals report this information to
the Department in a uniform manner. The rules shall include all of the
following:
(1) The method by which the Department shall determine the 100 most frequently reported DRGs for inpatients for which hospitals must provide the data set out in subsection (b) of this section.
(2) Specific categories by which hospitals shall be grouped for the purpose of disclosing this information to the public on the Department's Internet Web site.
(d) Beginning with the quarter ending September 30,
2014, reporting period ending September 30, 2015, and quarterly annually
thereafter, each hospital and ambulatory surgical facility shall provide to
the Department, utilizing electronic health records software, information on
the total costs for the 20 most common surgical procedures and the 20 most
common imaging procedures, by volume, performed in hospital outpatient settings
or in ambulatory surgical facilities, along with the related CPT and HCPCS
codes. Hospitals and ambulatory surgical facilities shall report this
information in the same manner as required by subdivisions (b)(1) through (5)
of this section, provided that hospitals and ambulatory surgical facilities
shall not be required to report the information required by this subsection where
the reporting of that information reasonably could lead to the identification
of the person or persons admitted to the hospital in violation of the federal
Health Insurance Portability and Accountability Act of 1996 (HIPAA) or other
federal law.
(e) The Commission shall adopt rules on or before January
1, 2015, March 1, 2016, to ensure that subsection (d) of this
section is properly implemented and that hospitals and ambulatory surgical
facilities report this information to the Department in a uniform manner. The
rules shall include the method by which the Department shall determine the 20
most common surgical procedures and the 20 most common imaging procedures for
which the hospitals and ambulatory surgical facilities must provide the
data set out in subsection (d) of this section.
(e1) The Commission shall adopt rules to establish and
define no fewer than 10 quality measures identical to those established
by the Joint Commission for each of the following:for licensed hospitals
and licensed ambulatory surgical facilities.
a. Primary cesarean section rate,
uncomplicated (TJC PC‑02)
b. Early elective delivery rate (TJC PC‑01)
c. C. difficile infection SIR (NHSN)
d. Multidrug resistant organisms (NHSN)
e. Surgical site infection SRI for colon
surgeries (NSHN)
f. Post op sepsis rate (PSI13)
g. Thrombolytic therapy for acute ischemic
stroke patients (STK‑4)
h. Stroke education (STK‑8)
i. Venous thrombolism prophylaxis (VTE‑1)
j. Venous thrombolism discharge
instructions (VTE‑5)
(f) Upon request of a patient for a particular DRG, imaging procedure, or surgery procedure reported in this section, a hospital or ambulatory surgical facility shall provide the information required by subsection (b) or subsection (d) of this section to the patient in writing, either electronically or by mail, within three business days after receiving the request.
(g) G.S. 150B‑21.3 does not apply to rules adopted under subsections (c) and (e) of this section. A rule adopted under subsections (c) and (e) of this section becomes effective on the last day of the month following the month in which the rule is approved by the Rules Review Commission.
(h) A fine of five hundred dollars ($500.00) shall be imposed on the licensed hospital or licensed ambulatory surgical facility for each instance of failure to report as required."
SUBPART XII‑B. DIVISION OF CHILD DEVELOPMENT AND EARLY EDUCATION
NC PRE‑K PROGRAM/STANDARDS FOR FOUR‑ AND FIVE‑STAR RATED FACILITIES
SECTION 12B.1.(a) Eligibility. – The Department of Health and Human Services, Division of Child Development and Early Education, shall continue implementing the prekindergarten program (NC Pre‑K). The NC Pre‑K program shall serve children who are four years of age on or before August 31 of the program year. In determining eligibility, the Division shall establish income eligibility requirements for the program not to exceed seventy‑five percent (75%) of the State median income. Up to twenty percent (20%) of children enrolled may have family incomes in excess of seventy‑five percent (75%) of median income if those children have other designated risk factors. Furthermore, any age‑eligible child who is a child of either of the following shall be eligible for the program: (i) an active duty member of the Armed Forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the Armed Forces who was ordered to active duty by the proper authority within the last 18 months or is expected to be ordered within the next 18 months or (ii) a member of the Armed Forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the Armed Forces who was injured or killed while serving on active duty. Eligibility determinations for prekindergarten participants may continue through local education agencies and local North Carolina Partnership for Children, Inc., partnerships.
Other than developmental disabilities or other chronic health issues, the Division shall not consider the health of a child as a factor in determining eligibility for participation in the NC Pre‑K program.
SECTION 12B.1.(b) Multiyear Contracts. – The Division of Child Development and Early Education shall require the NC Pre‑K contractor to issue multiyear contracts for licensed private child care centers providing NC Pre‑K classrooms.
SECTION 12B.1.(c) Programmatic Standards. – All entities operating prekindergarten classrooms shall adhere to all of the policies prescribed by the Division of Child Development and Early Education regarding programmatic standards and classroom requirements.
SECTION 12B.1.(d) NC Pre‑K Committees. – Local NC Pre‑K committees shall use the standard decision‑making process developed by the Division of Child Development and Early Education in awarding prekindergarten classroom slots and student selection.
SECTION 12B.1.(e) Reporting. – The Division of Child Development and Early Education shall submit an annual report no later than March 15 of each year to the Joint Legislative Oversight Committee on Health and Human Services, the Office of State Budget and Management, and the Fiscal Research Division. The report shall include the following:
(1) The number of children participating in the NC Pre‑K program by county.
(2) The number of children participating in the NC Pre‑K program who have never been served in other early education programs such as child care, public or private preschool, Head Start, Early Head Start, or early intervention programs.
(3) The expected NC Pre‑K expenditures for the programs and the source of the local contributions.
(4) The results of an annual evaluation of the NC Pre‑K program.
SECTION 12B.1.(f) Audits. – The administration of the NC Pre‑K program by local partnerships shall be subject to the financial and compliance audits authorized under G.S. 143B‑168.14(b).
SECTION 12B.2.(a) The maximum gross annual income for initial eligibility, adjusted biennially, for subsidized child care services shall be determined based on a percentage of the federal poverty level as follows:
AGE INCOME PERCENTAGE LEVEL
0 – 5 200%
6 – 12 133%
The eligibility for any child with special needs, including a child who is 13 years of age or older, shall be two hundred percent (200%) of the federal poverty level.
SECTION 12B.2.(b) Effective July 1, 2015, the Department of Health and Human Services, Division of Child Development and Early Education, shall revise its child care subsidy policy to exclude from the policy's definition of "income unit" a nonparent relative caretaker, and the caretaker's spouse and child, if applicable, when the parent of the child receiving child care subsidy does not live in the home with the child.
SECTION 12B.2.(c) Fees for families who are required to share in the cost of care are established based on ten percent (10%) of gross family income. Co‑payments shall not be prorated for part‑time care.
SECTION 12B.2.(d) Payments for the purchase of child care services for low‑income children shall be in accordance with the following requirements:
(1) Religious‑sponsored child care facilities operating pursuant to G.S. 110‑106 and licensed child care centers and homes that meet the minimum licensing standards that are participating in the subsidized child care program shall be paid the one‑star county market rate or the rate they charge privately paying parents, whichever is lower, unless prohibited by subsection (g) of this section.
(2) Licensed child care centers and homes with two or more stars shall receive the market rate for that rated license level for that age group or the rate they charge privately paying parents, whichever is lower, unless prohibited by subsection (g) of this section.
(3) Nonlicensed homes shall receive fifty percent (50%) of the county market rate or the rate they charge privately paying parents, whichever is lower.
(4) No payments shall be made for transportation services or registration fees charged by child care facilities.
(5) Payments for subsidized child care services for postsecondary education shall be limited to a maximum of 20 months of enrollment.
(6) The Department of Health and Human Services shall implement necessary rule changes to restructure services, including, but not limited to, targeting benefits to employment.
SECTION 12B.2.(e) Provisions of payment rates for child care providers in counties that do not have at least 50 children in each age group for center‑based and home‑based care are as follows:
(1) Except as applicable in subdivision (2) of this subsection, payment rates shall be set at the statewide or regional market rate for licensed child care centers and homes.
(2) If it can be demonstrated that the application of the statewide or regional market rate to a county with fewer than 50 children in each age group is lower than the county market rate and would inhibit the ability of the county to purchase child care for low‑income children, then the county market rate may be applied.
SECTION 12B.2.(f) A market rate shall be calculated for child care centers and homes at each rated license level for each county and for each age group or age category of enrollees and shall be representative of fees charged to parents for each age group of enrollees within the county. The Division of Child Development and Early Education shall also calculate a statewide rate and regional market rate for each rated license level for each age category.
SECTION 12B.2.(g) The Division of Child Development and Early Education shall continue implementing policies that improve the quality of child care for subsidized children, including a policy in which child care subsidies are paid, to the extent possible, for child care in the higher‑quality centers and homes only. The Division shall define higher‑quality, and subsidy funds shall not be paid for one‑ or two‑star‑rated facilities. For those counties with an inadequate number of four‑ and five‑star‑rated facilities, the Division shall continue a transition period that allows the facilities to continue to receive subsidy funds while the facilities work on the increased star ratings. The Division may allow exemptions in counties where there is an inadequate number of four‑ and five‑star‑rated facilities for non‑star‑rated programs, such as religious programs.
SECTION 12B.2.(h) Facilities licensed pursuant to Article 7 of Chapter 110 of the General Statutes and facilities operated pursuant to G.S. 110‑106 may participate in the program that provides for the purchase of care in child care facilities for minor children of needy families. Except as authorized by subsection (g) of this section, no separate licensing requirements shall be used to select facilities to participate. In addition, child care facilities shall be required to meet any additional applicable requirements of federal law or regulations. Child care arrangements exempt from State regulation pursuant to Article 7 of Chapter 110 of the General Statutes shall meet the requirements established by other State law and by the Social Services Commission.
County departments of social services or other local contracting agencies shall not use a provider's failure to comply with requirements in addition to those specified in this subsection as a condition for reducing the provider's subsidized child care rate.
SECTION 12B.2.(i) Payment for subsidized child care services provided with Temporary Assistance for Needy Families Block Grant funds shall comply with all regulations and policies issued by the Division of Child Development and Early Education for the subsidized child care program.
SECTION 12B.2.(j) Noncitizen families who reside in this State legally shall be eligible for child care subsidies if all other conditions of eligibility are met. If all other conditions of eligibility are met, noncitizen families who reside in this State illegally shall be eligible for child care subsidies only if at least one of the following conditions is met:
(1) The child for whom a child care subsidy is sought is receiving child protective services or foster care services.
(2) The child for whom a child care subsidy is sought is developmentally delayed or at risk of being developmentally delayed.
(3) The child for whom a child care subsidy is sought is a citizen of the United States.
SECTION 12B.2.(k) The Department of Health and Human Services, Division of Child Development and Early Education, shall require all county departments of social services to include on any forms used to determine eligibility for child care subsidy whether the family waiting for subsidy is receiving assistance through the NC Pre‑K Program or Head Start.
Child Care Subsidy Market Rate Increases/Certain Age Groups and Counties
SECTION 12B.2A. Beginning September 1, 2015, the Department of Health and Human Services, Division of Child Development and Early Education, shall increase the child care subsidy market rates to the rates recommended by the 2013 Child Care Market Rate Study from birth through two years of age in three‑, four‑, and five‑star‑rated child care centers and homes in tier one and tier two counties. For purposes of this section, tier one and tier two counties shall have the same designations as those established by the N.C. Department of Commerce.
SECTION 12B.3.(a) The Department of Health and Human Services shall allocate child care subsidy voucher funds to pay the costs of necessary child care for minor children of needy families. The mandatory thirty‑percent (30%) North Carolina Partnership for Children, Inc., subsidy allocation under G.S. 143B‑168.15(g) shall constitute the base amount for each county's child care subsidy allocation. The Department of Health and Human Services shall use the following method when allocating federal and State child care funds, not including the aggregate mandatory thirty‑percent (30%) North Carolina Partnership for Children, Inc., subsidy allocation:
(1) Funds shall be allocated to a county based upon the projected cost of serving children under age 11 in families with all parents working who earn less than the applicable federal poverty level percentage set forth in Section 12B.2 of this act.
(2) The Department of Health and Human Services shall allocate to counties all State funds appropriated for child care subsidy and shall not withhold funds during the 2015‑2016 and 2016‑2017 fiscal years.
SECTION 12B.3.(b) The Department of Health and Human Services may reallocate unused child care subsidy voucher funds in order to meet the child care needs of low‑income families. Any reallocation of funds shall be based upon the expenditures of all child care subsidy voucher funding, including North Carolina Partnership for Children, Inc., funds within a county.
SECTION 12B.3.(c) When implementing the formula under subsection (a) of this section, the Department of Health and Human Services, Division of Child Development and Early Education, shall include the market rate increase in the formula process, rather than calculating the increases outside of the formula process. Additionally, the Department shall do the following:
(1) For fiscal year 2015‑2016, (i) continue implementing one‑third of the change in a county's allocation based on the new Census data; (ii) implement an additional one‑third of the change in a county's allocation beginning fiscal year 2016‑2017; and (iii) the final one‑third change in a county's allocation beginning fiscal year 2018‑2019. However, beginning fiscal year 2015‑2016, a county's initial allocation shall be the county's expenditure in the previous fiscal year. With the exception of market rate increases consistent with any increases approved by the General Assembly, a county whose spending coefficient is less than ninety‑five percent (95%) in the previous fiscal year shall receive its prior year's expenditure as its allocation and shall not receive an increase in its allocation in the following year. A county whose spending coefficient is at least ninety‑five percent (95%) in the previous fiscal year shall receive, at a minimum, the amount it expended in the previous fiscal year and may receive additional funding, if available. The Division may waive this requirement and allow an increase if the spending coefficient is below ninety‑five percent (95%) due to extraordinary circumstances, such as a State or federal disaster declaration in the affected county. By October 1 of each year, the Division shall report to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division the counties that received a waiver pursuant to this subdivision and the reasons for the waiver.
(2) Effective immediately following the next new Census data release, implement (i) one‑third of the change in a county's allocation in the year following the data release; (ii) an additional one‑third of the change in a county's allocation beginning two years after the initial change under this subdivision; and (iii) the final one‑third change in a county's allocation beginning the following two years thereafter.
CHILD CARE FUNDS MATCHING REQUIREMENTS
SECTION 12B.4. No local matching funds may be required by the Department of Health and Human Services as a condition of any locality's receiving its initial allocation of child care funds appropriated by this act unless federal law requires a match. If the Department reallocates additional funds above twenty‑five thousand dollars ($25,000) to local purchasing agencies beyond their initial allocation, local purchasing agencies must provide a twenty percent (20%) local match to receive the reallocated funds. Matching requirements shall not apply when funds are allocated because of an emergency as defined in G.S. 166A‑19.3(6).
SECTION 12B.5. Notwithstanding any law to the contrary, funds budgeted for the Child Care Revolving Loan Fund may be transferred to and invested by the financial institution contracted to operate the Fund. The principal and any income to the Fund may be used to make loans, reduce loan interest to borrowers, serve as collateral for borrowers, pay the contractor's cost of operating the Fund, or pay the Department's cost of administering the program.
ADMINISTRATIVE ALLOWANCE FOR COUNTY DEPARTMENTS OF SOCIAL SERVICES/USE OF SUBSIDY FUNDS FOR FRAUD DETECTION
SECTION 12B.6.(a) The Department of Health and Human Services, Division of Child Development and Early Education, shall fund the allowance that county departments of social services may use for administrative costs at four percent (4%) of the county's total child care subsidy funds allocated in the Child Care and Development Fund Block Grant plan or eighty thousand dollars ($80,000), whichever is greater.
SECTION 12B.6.(b) Each county department of social services may use up to two percent (2%) of child care subsidy funds allocated to the county for fraud detection and investigation initiatives.
SECTION 12B.6.(c) The Division of Child Development and Early Education may adjust the allocations in the Child Care and Development Fund Block Grant under Section 12I.1 of this act according to (i) the final allocations for local departments of social services under subsection (a) of this section and (ii) the funds allocated for fraud detection and investigation initiatives under subsection (b) of this section. The Division shall submit a report on the final adjustments to the allocations of the four percent (4%) administrative costs to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division no later than September 30 of each year.
EARLY CHILDHOOD EDUCATION AND DEVELOPMENT INITIATIVES ENHANCEMENTS
SECTION 12B.7.(a) Policies. – The North Carolina Partnership for Children, Inc., and its Board shall ensure policies focus on the North Carolina Partnership for Children, Inc.'s mission of improving child care quality in North Carolina for children from birth to five years of age. North Carolina Partnership for Children, Inc.‑funded activities shall include assisting child care facilities with (i) improving quality, including helping one‑, two‑, and three‑star‑rated facilities increase their star ratings and (ii) implementing prekindergarten programs. State funding for local partnerships shall also be used for evidence‑based or evidence‑informed programs for children from birth to five years of age that do the following:
(1) Increase children's literacy.
(2) Increase the parents' ability to raise healthy, successful children.
(3) Improve children's health.
(4) Assist four‑ and five‑star‑rated facilities in improving and maintaining quality.
SECTION 12B.7.(b) Administration. – Beginning fiscal year 2015‑2016, administrative costs for central administration shall be equivalent to not more than three and twenty‑five hundredths percent (3.25%). Administrative costs shall be equivalent to, on an average statewide basis for all local partnerships, not more than seven and seventy‑five hundredths percent (7.75%) of the total statewide allocation to all local partnerships for the 2015‑2016 fiscal year and beginning fiscal year 2016‑2017, equivalent to not more than seven and five‑tenths percent (7.5%) of the total statewide allocation to all local partnerships. For purposes of this subsection, administrative costs shall include costs associated with partnership oversight, business and financial management, general accounting, human resources, budgeting, purchasing, contracting, and information systems management. The North Carolina Partnership for Children, Inc., shall continue using a single statewide contract management system that incorporates features of the required standard fiscal accountability plan described in G.S. 143B‑168.12(a)(4). All local partnerships are required to participate in the contract management system and, directed by the North Carolina Partnership for Children, Inc., to collaborate, to the fullest extent possible, with other local partnerships to increase efficiency and effectiveness.
SECTION 12B.7.(c) Salaries. – The salary schedule developed and implemented by the North Carolina Partnership for Children, Inc., shall set the maximum amount of State funds that may be used for the salary of the Executive Director of the North Carolina Partnership for Children, Inc., and the directors of the local partnerships. The North Carolina Partnership for Children, Inc., shall base the schedule on the following criteria:
(1) The population of the area serviced by a local partnership.
(2) The amount of State funds administered.
(3) The amount of total funds administered.
(4) The professional experience of the individual to be compensated.
(5) Any other relevant factors pertaining to salary, as determined by the North Carolina Partnership for Children, Inc.
The salary schedule shall be used only to determine the maximum amount of State funds that may be used for compensation. Nothing in this subsection shall be construed to prohibit a local partnership from using non‑State funds to supplement an individual's salary in excess of the amount set by the salary schedule established under this subsection.
SECTION 12B.7.(d) Match Requirements. – The North Carolina Partnership for Children, Inc., and all local partnerships shall, in the aggregate, be required to match one hundred percent (100%) of the total amount budgeted for the program in each fiscal year of the 2015‑2017 biennium. Of the funds the North Carolina Partnership for Children, Inc., and the local partnerships are required to match, contributions of cash shall be equal to at least twelve percent (12%) and in‑kind donated resources shall be equal to no more than five percent (5%) for a total match requirement of seventeen percent (17%) for the 2015‑2016 fiscal year; and contributions of cash shall be equal to at least thirteen percent (13%) and in‑kind donated resources shall be equal to no more than six percent (6%) for a total match requirement of nineteen percent (19%) for the 2016‑2017 fiscal year. The North Carolina Partnership for Children, Inc., may carry forward any amount in excess of the required match for a fiscal year in order to meet the match requirement of the succeeding fiscal year. Only in‑kind contributions that are quantifiable shall be applied to the in‑kind match requirement. Volunteer services may be treated as an in‑kind contribution for the purpose of the match requirement of this subsection. Volunteer services that qualify as professional services shall be valued at the fair market value of those services. All other volunteer service hours shall be valued at the statewide average wage rate as calculated from data compiled by the Division of Employment Security of the Department of Commerce in the Employment and Wages in North Carolina Annual Report for the most recent period for which data are available. Expenses, including both those paid by cash and in‑kind contributions, incurred by other participating non‑State entities contracting with the North Carolina Partnership for Children, Inc., or the local partnerships, also may be considered resources available to meet the required private match. In order to qualify to meet the required private match, the expenses shall:
(1) Be verifiable from the contractor's records.
(2) If in‑kind, other than volunteer services, be quantifiable in accordance with generally accepted accounting principles for nonprofit organizations.
(3) Not include expenses funded by State funds.
(4) Be supplemental to and not supplant preexisting resources for related program activities.
(5) Be incurred as a direct result of the Early Childhood Initiatives Program and be necessary and reasonable for the proper and efficient accomplishment of the Program's objectives.
(6) Be otherwise allowable under federal or State law.
(7) Be required and described in the contractual agreements approved by the North Carolina Partnership for Children, Inc., or the local partnership.
(8) Be reported to the North Carolina Partnership for Children, Inc., or the local partnership by the contractor in the same manner as reimbursable expenses.
Failure to obtain a seventeen‑percent (17%) match by June 30 of the 2015‑2016 fiscal year and a nineteen‑percent (19%) match by June 30 of the 2016‑2017 fiscal year shall result in a dollar‑for‑dollar reduction in the appropriation for the Program for a subsequent fiscal year. The North Carolina Partnership for Children, Inc., shall be responsible for compiling information on the private cash and in‑kind contributions into a report that is submitted to the Joint Legislative Oversight Committee on Health and Human Services in a format that allows verification by the Department of Revenue. The same match requirements shall apply to any expansion funds appropriated by the General Assembly.
SECTION 12B.7.(e) Bidding. – The North Carolina Partnership for Children, Inc., and all local partnerships shall use competitive bidding practices in contracting for goods and services on contract amounts as follows:
(1) For amounts of five thousand dollars ($5,000) or less, the procedures specified by a written policy as developed by the Board of Directors of the North Carolina Partnership for Children, Inc.
(2) For amounts greater than five thousand dollars ($5,000), but less than fifteen thousand dollars ($15,000), three written quotes.
(3) For amounts of fifteen thousand dollars ($15,000) or more, but less than forty thousand dollars ($40,000), a request for proposal process.
(4) For amounts of forty thousand dollars ($40,000) or more, a request for proposal process and advertising in a major newspaper.
SECTION 12B.7.(f) Allocations. – The North Carolina Partnership for Children, Inc., shall not reduce the allocation for counties with less than 35,000 in population below the 2012‑2013 funding level.
SECTION 12B.7.(g) Performance‑Based Evaluation. – The Department of Health and Human Services shall continue to implement the performance‑based evaluation system.
SECTION 12B.7.(h) Expenditure Restrictions. – The Department of Health and Human Services and the North Carolina Partnership for Children, Inc., shall ensure that the allocation of funds for Early Childhood Education and Development Initiatives for the 2015‑2017 fiscal biennium shall be administered and distributed in the following manner:
(1) Capital expenditures are prohibited for the 2015‑2017 fiscal biennium. For the purposes of this section, "capital expenditures" means expenditures for capital improvements as defined in G.S. 143C‑1‑1(d)(5).
(2) Expenditures of State funds for advertising and promotional activities are prohibited for the 2015‑2017 fiscal biennium.
For the 2015‑2017 fiscal biennium, local partnerships shall not spend any State funds on marketing campaigns, advertising, or any associated materials. Local partnerships may spend any private funds the local partnerships receive on those activities.
PLAN FOR MERGER OF EARLY EDUCATION AND FAMILY SUPPORT PROGRAMS
SECTION 12B.8. The Joint Legislative Program Evaluation Oversight Committee shall include in the 2015‑2017 Work Plan a directive for the Program Evaluation Division to plan a merger of the Child Care Subsidy, NC Prekindergarten (NC Pre‑K), and Smart Start programs. The Director of the Program Evaluation Division shall recommend a firm for approval by the Legislative Services Commission to prepare the plan under the supervision of the Program Evaluation Division. The sum of three hundred thousand dollars ($300,000) is hereby appropriated to the Legislative Services Commission from the General Fund for the 2015‑2016 fiscal year in nonrecurring funds to pay for the contract. The Program Evaluation Division shall submit the merger plan prepared by the contractor to the Joint Legislative Program Evaluation Oversight Committee, the Joint Legislative Oversight Committee on Health and Human Services, the Joint Legislative Education Oversight Committee, and the Fiscal Research Division no later than March 1, 2016.
U.S. Department of Defense‑Certified Child Care Facilities Participation in State‑Subsidized Child Care Program
SECTION 12B.9.(a) Article 7 of Chapter 110 of the General Statutes is amended by adding a new section to read:
"§ 110‑106.2. Department of Defense‑certified child care facilities.
(a) As used in this section, the phrase "Department of Defense‑certified child care facility" shall include child development centers, family child care homes, and school‑aged child care facilities operated aboard a military installation under the authorization of the United States Department of Defense (Department of Defense) certified by the Department of Defense.
(b) Procedure Regarding Department of Defense‑Certified Child Care Facilities. –
(1) Department of Defense‑certified child care facilities shall file with the Department a notice of intent to operate a child care facility in a form determined by the Department of Defense.
(2) As part of its notice, each Department of Defense‑certified child care facility shall file a report to the Department indicating that it meets the minimum standards for child care facilities as provided by the Department of Defense.
(3) Department of Defense‑certified child care facilities that meet all the requirements of this section shall be exempt from all other requirements of this Article and shall not be subject to licensure.
(4) For purposes of the North Carolina Subsidized Child Care Program, Department of Defense‑certified child care facilities shall be reimbursed as follows:
a. Department of Defense‑certified child care facilities that are accredited by the National Association for the Education of Young Children (NAEYC) shall be reimbursed at the five‑star‑rated license rate.
b. All other Department of Defense‑certified child care facilities shall be reimbursed at the four‑star‑rated license rate."
SECTION 12B.9.(b) G.S. 143B‑168.15(g) reads as rewritten:
"(g) Not less than thirty percent (30%) of the funds spent in each year of each local partnership's direct services allocation shall be used to expand child care subsidies. To the extent practicable, these funds shall be used to enhance the affordability, availability, and quality of child care services as described in this section. The North Carolina Partnership may increase this percentage requirement up to a maximum of fifty percent (50%) when, based upon a significant local waiting list for subsidized child care, the North Carolina Partnership determines a higher percentage is justified. Local partnerships shall spend an amount for child care subsidies that provides at least fifty‑two million dollars ($52,000,000) for the Temporary Assistance to Needy Families (TANF) maintenance of effort requirement and the Child Care Development Fund and Block Grant match requirement. Funds allocated under this section shall supplement and not supplant any federal or State funds allocated to Department of Defense‑certified child care facilities licensed under G.S. 110‑106.2."
SECTION 12B.9.(c) Department of Defense‑certified child care facilities licensed pursuant to G.S. 110‑106.2, as enacted in subsection (a) of this section, may participate in the State‑subsidized child care program that provides for the purchase of care in child care facilities for minor children in needy families; provided, that funds allocated from the State‑subsidized child care program to Department of Defense‑certified child care facilities shall supplement and not supplant funds allocated in accordance with G.S. 143B‑168.15(g). Payment rates and fees for military families who choose Department of Defense‑certified child care facilities and who are eligible to receive subsidized child care shall be as set forth in Section 12B.2 of this act.
SECTION 12B.9.(d) This section becomes effective January 1, 2016.
SUBPART XII‑C. DIVISION OF SOCIAL SERVICES
SECTION 12C.1.(a) The General Assembly approves the plan titled "North Carolina Temporary Assistance for Needy Families State Plan FY 2013‑2016," prepared by the Department of Health and Human Services and presented to the General Assembly. The North Carolina Temporary Assistance for Needy Families State Plan covers the period October 1, 2013, through September 30, 2016. The Department shall submit the State Plan, as revised in accordance with subsection (b) of this section, to the United States Department of Health and Human Services.
SECTION 12C.1.(b) The counties approved as Electing Counties in the North Carolina Temporary Assistance for Needy Families State Plan FY 2013‑2016, as approved by this section, are Beaufort, Caldwell, Catawba, Lenoir, Lincoln, Macon, and Wilson.
SECTION 12C.1.(c) Counties that submitted the letter of intent to remain as an Electing County or to be redesignated as an Electing County and the accompanying county plan for years 2013 through 2016, pursuant to G.S. 108A‑27(e), shall operate under the Electing County budget requirements effective July 1, 2015. For programmatic purposes, all counties referred to in this subsection shall remain under their current county designation through September 30, 2016.
SECTION 12C.1.(d) For each year of the 2015‑2017 fiscal biennium, Electing Counties shall be held harmless to their Work First Family Assistance allocations for the 2014‑2015 fiscal year, provided that remaining funds allocated for Work First Family Assistance and Work First Diversion Assistance are sufficient for payments made by the Department on behalf of Standard Counties pursuant to G.S. 108A‑27.11(b).
SECTION 12C.1.(e) In the event that departmental projections of Work First Family Assistance and Work First Diversion Assistance for the 2015‑2016 fiscal year or the 2016‑2017 fiscal year indicate that remaining funds are insufficient for Work First Family Assistance and Work First Diversion Assistance payments to be made on behalf of Standard Counties, the Department is authorized to deallocate funds, of those allocated to Electing Counties for Work First Family Assistance in excess of the sums set forth in G.S. 108A‑27.11, up to the requisite amount for payments in Standard Counties. Prior to deallocation, the Department shall obtain approval by the Office of State Budget and Management. If the Department adjusts the allocation set forth in subsection (d) of this section, then a report shall be made to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division.
INTENSIVE FAMILY PRESERVATION SERVICES FUNDING AND PERFORMANCE ENHANCEMENTS
SECTION 12C.2.(a) Notwithstanding the provisions of G.S. 143B‑150.6, the Intensive Family Preservation Services (IFPS) Program shall provide intensive services to children and families in cases of abuse, neglect, and dependency where a child is at imminent risk of removal from the home and to children and families in cases of abuse where a child is not at imminent risk of removal. The Program shall be developed and implemented statewide on a regional basis. The IFPS shall ensure the application of standardized assessment criteria for determining imminent risk and clear criteria for determining out‑of‑home placement.
SECTION 12C.2.(b) The Department of Health and Human Services shall require that any program or entity that receives State, federal, or other funding for the purpose of IFPS shall provide information and data that allows for the following:
(1) An established follow‑up system with a minimum of six months of follow‑up services.
(2) Detailed information on the specific interventions applied, including utilization indicators and performance measurement.
(3) Cost‑benefit data.
(4) Data on long‑term benefits associated with IFPS. This data shall be obtained by tracking families through the intervention process.
(5) The number of families remaining intact and the associated interventions while in IFPS and 12 months thereafter.
(6) The number and percentage, by race, of children who received IFPS compared to the ratio of their distribution in the general population involved with Child Protective Services.
SECTION 12C.2.(c) The Department shall establish a performance‑based funding protocol and shall only provide funding to those programs and entities providing the required information specified in subsection (b) of this section. The amount of funding shall be based on the individual performance of each program.
SECTION 12C.3. Until the Social Services Commission adopts rules setting standardized rates for child caring institutions as authorized under G.S. 143B‑153(8), the maximum reimbursement for child caring institutions shall not exceed the rate established for the specific child caring institution by the Department of Health and Human Services, Office of the Controller. In determining the maximum reimbursement, the State shall include county and IV‑E reimbursements.
USE OF FOSTER CARE BUDGET FOR GUARDIANSHIP ASSISTANCE PROGRAM
SECTION 12C.4. Of the funds available for the provision of foster care services, the Department of Health and Human Services, Division of Social Services, may provide for the financial support of children who are deemed to be (i) in a permanent family placement setting, (ii) eligible for legal guardianship, and (iii) otherwise unlikely to receive permanency. The Division of Social Services shall design the Guardianship Assistance Program (GAP) to include provisions for extending guardianship services for individuals who have attained the age of 18 years and opt to continue to receive guardianship services until reaching 21 years of age if the individual is (i) completing secondary education or a program leading to an equivalent credential, (ii) enrolled in an institution that provides postsecondary or vocational education, (iii) participating in a program or activity designed to promote, or remove barriers to, employment, (iv) employed for at least 80 hours per month, or (v) incapable of completing the educational or employment requirements of this section due to a medical condition or disability. The Guardianship Assistance Program rates shall reimburse the legal guardian for room and board and be set at the same rate as the foster care room and board rates in accordance with rates established under G.S. 108A‑49.1. The Social Services Board shall adopt rules establishing a Guardianship Assistance Program to implement this section, including defining the phrase "legal guardian" as used in this section.
CHILD WELFARE POSTSECONDARY SUPPORT PROGRAM (NC REACH)
SECTION 12C.5.(a) Funds appropriated from the General Fund to the Department of Health and Human Services for the child welfare postsecondary support program shall be used to continue providing assistance with the "cost of attendance" as that term is defined in 20 U.S.C. § 108711 for the educational needs of foster youth aging out of the foster care system and special needs children adopted from foster care after age 12. These funds shall be allocated by the State Education Assistance Authority.
SECTION 12C.5.(b) Of the funds appropriated from the General Fund to the Department of Health and Human Services, the sum of fifty thousand dollars ($50,000) for the 2015‑2016 fiscal year and the sum of fifty thousand dollars ($50,000) for the 2016‑2017 fiscal year shall be allocated to the North Carolina State Education Assistance Authority (SEAA). The SEAA shall use these funds only to perform administrative functions necessary to manage and distribute scholarship funds under the child welfare postsecondary support program.
SECTION 12C.5.(c) Of the funds appropriated from the General Fund to the Department of Health and Human Services, the sum of three hundred thirty‑nine thousand four hundred ninety‑three dollars ($339,493) for the 2015‑2016 fiscal year and the sum of three hundred thirty‑nine thousand four hundred ninety‑three dollars ($339,493) for the 2016‑2017 fiscal year shall be used to contract with an entity to administer the child welfare postsecondary support program described under subsection (a) of this section, which administration shall include the performance of case management services.
SECTION 12C.5.(d) Funds appropriated to the Department of Health and Human Services for the child welfare postsecondary support program shall be used only for students attending public institutions of higher education in this State.
FEDERAL CHILD SUPPORT INCENTIVE PAYMENTS
SECTION 12C.7.(a) Centralized Services. – The North Carolina Child Support Services Section (NCCSS) of the Department of Health and Human Services, Division of Social Services, shall retain up to fifteen percent (15%) of the annual federal incentive payments it receives from the federal government to enhance centralized child support services. To accomplish this requirement, NCCSS shall do the following:
(1) In consultation with representatives from county child support services programs, identify how federal incentive funding could improve centralized services.
(2) Use federal incentive funds to improve the effectiveness of the State's centralized child support services by supplementing and not supplanting State expenditures for those services.
(3) Develop and implement rules that explain the State process for calculating and distributing federal incentive funding to county child support services programs.
SECTION 12C.7.(b) County Child Support Services Programs. – NCCSS shall allocate no less than eighty‑five percent (85%) of the annual federal incentive payments it receives from the federal government to county child support services programs to improve effectiveness and efficiency using the federal performance measures. To that end, NCCSS shall do the following:
(1) In consultation with representatives from county child support services programs, examine the current methodology for distributing federal incentive funding to the county programs and determine whether an alternative formula would be appropriate. NCCSS shall use its current formula for distributing federal incentive funding until an alternative formula is adopted.
(2) Upon adopting an alternative formula, develop a process to phase‑in the alternative formula for distributing federal incentive funding over a four‑year period.
SECTION 12C.7.(c) Reporting by County Child Support Services Programs. – NCCSS shall establish guidelines that identify appropriate uses for federal incentive funding. To ensure those guidelines are properly followed, NCCSS shall require county child support services programs to comply with each of the following:
(1) Submit an annual plan describing how federal incentive funding would improve program effectiveness and efficiency as a condition of receiving federal incentive funding.
(2) Report annually on: (i) how federal incentive funding has improved program effectiveness and efficiency and been reinvested into their programs, (ii) provide documentation that the funds were spent according to their annual plans, and (iii) explain any deviations from their plans.
SECTION 12C.7.(d) Plan/Report by NCCSS. – The NCCSS shall develop a plan to implement the requirements of this section. Prior to implementing the plan, NCCSS shall submit a progress report on the plan to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division by November 1, 2015.
After implementing the plan, NCCSS shall submit a report on federal child support incentive funding to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division by November 1 of each year. The report shall describe how federal incentive funds enhanced centralized child support services to benefit county child support services programs and improved the effectiveness and efficiency of county child support services programs. The report shall further include any changes to the State process the NCCSS used in calculating and distributing federal incentive funding to county child support services programs and any recommendations for further changes.
CHILD PROTECTIVE SERVICES IMPROVEMENT INITIATIVE/REVISE STATEWIDE EVALUATION REPORT DATE
SECTION 12C.8. The Department of Health and Human Services, Division of Social Services, shall report on the findings and recommendations from the comprehensive, statewide evaluation of the State's child protective services system required by Section 12C.1(f) of S.L. 2014‑100 to the Joint Legislative Oversight Committee on Health and Human Services on or before March 1, 2016.
FOSTERING SUCCESS/EXTEND FOSTER CARE TO 21 YEARS OF AGE
SECTION 12C.9.(a) G.S. 108A‑48 reads as rewritten:
"§ 108A‑48. State Foster Care Benefits Program.
(a) The Department is authorized to establish a State Foster Care Benefits Program with appropriations by the General Assembly for the purpose of providing assistance to children who are placed in foster care facilities by county departments of social services in accordance with the rules and regulations of the Social Services Commission. Such appropriations, together with county contributions for this purpose, shall be expended to provide for the costs of keeping children in foster care facilities.
(b) No benefits provided by this section
shall be granted to any individual who has passed his eighteenth birthday
unless he is less than 21 years of age and is a full‑time student or has
been accepted for enrollment as a full‑time student for the next school
term pursuing a high school diploma or its equivalent; a course of study at the
college level; or a course of vocational or technical training designed to fit
him for gainful employment.
(c) The Department may continue to provide benefits pursuant to this section to an individual who has attained the age of 18 years and chosen to continue receiving foster care services until reaching 21 years of age if the individual is (i) completing secondary education or a program leading to an equivalent credential, (ii) enrolled in an institution that provides postsecondary or vocational education, (iii) participating in a program or activity designed to promote, or remove barriers to, employment, (iv) employed for at least 80 hours per month, or (v) incapable of completing the educational or employment requirements of this subsection due to a medical condition or disability.
(d) With monthly supervision and oversight by the director of the county department of social services or a supervising agency, an individual receiving benefits pursuant to subsection (c) of this section may reside outside a foster care facility in a college or university dormitory or other semi‑supervised housing arrangement approved by the director of the county department of social services and continue to receive benefits pursuant to this section."
SECTION 12C.9.(b) G.S. 108A‑49 is amended by adding a new subsection to read:
"(e) If all other eligibility criteria are met, adoption assistance payments may continue until the beneficiary reaches the age of 21 if the beneficiary was adopted after reaching the age of 16 but prior to reaching the age of 18."
SECTION 12C.9.(c) G.S. 108A‑49.1 reads as rewritten:
"§ 108A‑49.1. Foster care and adoption assistance payment rates.
(a) The maximum rates for State participation in the foster care assistance program are established on a graduated scale as follows:
(1) $475.00 per child per month for children from birth through five years of age.
(2) $581.00 per child per month for children six through 12 years of age.
(3) $634.00 per child per month for children at
least 13 through 18 but less than 21 years of age.
(b) The maximum rates for the State adoption assistance program are established consistent with the foster care rates as follows:
(1) $475.00 per child per month for children from birth through five years of age.
(2) $581.00 per child per month for children six through 12 years of age.
(3) $634.00 per child per month for children at
least 13 through 18 but less than 21 years of age.
(c) The maximum rates for the State participation in human immunodeficiency virus (HIV) foster care and adoption assistance are established on a graduated scale as follows:
(1) $800.00 per child per month with indeterminate HIV status.
(2) $1,000 per child per month with confirmed HIV infection, asymptomatic.
(3) $1,200 per child per month with confirmed HIV infection, symptomatic.
(4) $1,600 per child per month when the child is terminally ill with complex care needs.
In addition to providing board payments to foster and adoptive families of HIV‑infected children, any additional funds remaining that are appropriated for purposes described in this subsection shall be used to provide medical training in avoiding HIV transmission in the home.
(d) The State and a county participating in foster care and adoption assistance shall each contribute fifty percent (50%) of the nonfederal share of the cost of care for a child placed by a county department of social services or child‑placing agency in a family foster home or residential child care facility. A county shall be held harmless from contributing fifty percent (50%) of the nonfederal share of the cost for a child placed in a family foster home or residential child care facility under an agreement with that provider as of October 31, 2008, until the child leaves foster care or experiences a placement change.
(e) A county shall be held harmless from contributing fifty percent (50%) of the nonfederal share of the cost for an individual receiving benefits pursuant to G.S. 108A‑48(c)."
SECTION 12C.9.(d) G.S. 131D‑10.2 reads as rewritten:
"§ 131D‑10.2. Definitions.
For purposes of this Article, unless the context clearly implies otherwise:
…
(3) "Child" means an individual less than 18
21 years of age, who has not been emancipated under the provisions
of Article 35 of Chapter 7B of the General Statutes.
…
(9a) "Foster Parent" means any individual who
is 18 21 years of age or older who is licensed by the State to
provide foster care.
…."
SECTION 12C.9.(e) Part 1 of Article 1A of Chapter 131D of the General Statutes is amended by adding a new section to read:
"§ 131D‑10.2A. Foster care until 21 years of age.
(a) A child placed in foster care who has attained the age of 18 years may continue receiving foster care services until reaching 21 years of age as provided by law. A child who initially chooses to opt out of foster care upon attaining the age of 18 years may opt to receive foster care services at a later date until reaching 21 years of age.
(b) A child who has attained the age of 18 years and chosen to continue receiving foster care services until reaching 21 years of age may continue to receive benefits pursuant to Part 4 of Article 2 of Chapter 108A of the General Statutes upon meeting the requirements under G.S. 108A‑48(c)."
SECTION 12C.9.(f) G.S. 131D‑10.5 reads as rewritten:
"§ 131D‑10.5. Powers and duties of the Commission.
In addition to other powers and duties prescribed by law, the Commission shall exercise the following powers and duties:
(1) Adopt, amend and repeal rules consistent with the
laws of this State and the laws and regulations of the federal government to
implement the provisions and purposes of this Article;Article.
(2) Issue declaratory rulings as may be needed to
implement the provisions and purposes of this Article;Article.
(3) Adopt rules governing procedures to appeal
Department decisions pursuant to this Article granting, denying, suspending or
revoking licenses;licenses.
(4) Adopt criteria for waiver of licensing rules
adopted pursuant to this Article;Article.
(5) Adopt rules on documenting the use of physical
restraint in residential child‑care facilities;facilities.
(6) Adopt rules establishing personnel and training
requirements related to the use of physical restraints and time‑out for
staff employed in residential child‑care facilities; andfacilities.
(7) Adopt rules establishing educational requirements, minimum age, relevant experience, and criminal record status for executive directors and staff employed by child placing agencies and residential child care facilities.
(8) Adopt any rules necessary for the expansion of foster care for individuals who have attained the age of 18 years and chosen to continue receiving foster care services to 21 years of age in accordance with G.S. 131D‑10.2A."
SECTION 12C.9.(g) Article 9 of Chapter 7B of the General Statutes is amended by adding a new section to read:
"§ 7B‑910.1. Review of voluntary foster care placements with young adults.
(a) The court shall review the placement of a young adult in foster care authorized by G.S. 108A‑48(c) when the director of social services and a young adult who was in foster care as a juvenile enter into a voluntary placement agreement. The review hearing shall be held not more than 90 days from the date the agreement was executed, and the court shall make findings from evidence presented at this review hearing with regard to all of the following:
(1) Whether the placement is in the best interest of the young adult in foster care.
(2) The services that have been or should be provided to the young adult in foster care to improve the placement.
(3) The services that have been or should be provided to the young adult in foster care to further the young adult's educational or vocational ambitions, if relevant.
(b) Upon written request of the young adult or the director of social services, the court may schedule additional hearings to monitor the placement and progress toward the young adult's educational or vocational ambitions.
(c) No guardian ad litem under G.S. 7B‑601 will be appointed to represent the young adult in the initial or any subsequent hearing.
(d) The clerk shall give written notice of the initial and any subsequent review hearings to the young adult and foster care and the director of social services at least 15 days prior to the date of the hearing."
SECTION 12C.9.(h) G.S. 7B‑401.1 is amended by adding a new subsection to read:
"(i) Young Adult in Foster Care. – In proceedings held pursuant to G.S. 7B‑910.1, the young adult in foster care and the director of the department of social services are parties."
SECTION 12C.9.(i) The Department of Health and Human Services, Division of Social Services (Division), shall develop a plan for the expansion of foster care services for individuals who have attained the age of 18 years and opt to continue receiving foster care services until reaching 21 years of age. The Division shall report on the plan to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division by October 1, 2015. The Division shall report on the plan as implemented to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division by November 1, 2016.
SECTION 12C.9.(j) No later than 60 days after the Department implements the plan for the expansion of foster care services as required under subsection (i) of this section, the Division shall submit a State plan amendment to the U.S. Department of Health and Human Services Administration for Children and Families to make federal payments for foster care and adoption assistance, as applicable, under Title IV‑E, available to a person meeting the requirements of G.S. 108A‑48(c), as enacted in subsection (a) of this section.
SECTION 12C.9.(k) Any agreement entered into pursuant to G.S. 108A‑48(b) prior to the effective date of subsection (a) of this section shall remain in full force and effect, and no provision of this section shall be construed to affect or alter such an agreement.
SECTION 12C.9.(l) Subsection (a) of this section becomes effective August 1, 2016, and applies to agreements entered into on or after that date. Subsections (i), (j), and (k) of this section are effective when they become law. The remainder of this section becomes effective August 1, 2016.
Require Transfer of Certain Services to Eastern Band of Cherokee Indians
SECTION 12C.10.(a) G.S. 108A‑25 reads as rewritten:
"§ 108A‑25. Creation of programs; assumption by federally recognized tribe of programs.
…
(e) When any federally recognized Native American tribe within the State assumes responsibility for any social services, Medicaid and NC Health Choice healthcare benefit programs, and ancillary services, including Medicaid administrative and service functions, that are otherwise the responsibility of a county under State law, then, notwithstanding any other provision of law, the county shall be relieved of the legal responsibility related to the tribe's assumption of those services. With respect to a tribe's assumption of any responsibilities for administration of any aspects of the NC Medicaid program, NC Health Choice, and the Supplemental Nutrition Assistance Program (SNAP), the State and the tribe shall execute an agreement to set forth the general terms, definitions, and conditions by which the parties shall operate. Upon the execution of the agreement, to allow the tribe to assume certain duties and responsibilities for the administration of the NC Medicaid program, NC Health Choice, and SNAP, the agreement between the State and the tribe shall require the tribe to accept the oversight authority of the State and the Department of Health and Human Services (Department) in the administration and supervision of these programs. In addition to the other necessary terms and conditions, the agreement shall include the following conditions:
(1) All requirements as prescribed by federal law, as well as the tribe and State's responsibilities in complying with federal law, including, but not limited to, any specific provisions pertaining to accounting and auditing compliance, maintenance of liability insurance, confidentiality, reporting requirements, indemnity, waiver of immunity, or due process.
(2) As the Department is the federally recognized single State agency for the NC Medicaid program, NC Health Choice, and SNAP, provisions stating the Department retains ultimate administrative discretion in the administration and supervision of the program, including, but not limited to, issuance and interpretation of all applicable policies, rules, and regulations regarding application processing, eligibility determinations and redeterminations, and other functions related to the eligibility process.
(3) Provisions by the tribe to ensure that individuals who will be responsible for the tribe's duties and responsibilities under this agreement shall be employed under standards equivalent to current standards for a Merit System of Personnel Administration or any standards later prescribed by the Office of Personnel Management under section 208 of the Intergovernmental Personnel Act of 1970 and shall provide the Department with information for verification of this condition.
(4) Either party may terminate the agreement without cause with at least 30 days' notice prior to the date the terminating party seeks to terminate the agreement. The Department may terminate all or part of the agreement when federal or State funding becomes unavailable for any reason.
(f) With respect to programs federally administered by the Administration for Children and Families (ACF), the Department shall maintain oversight authority for all federal protections to individuals living on federal reservations held in trust by the United States until such time as ACF has approved the Eastern Band of Cherokee Indians to administer these programs."
SECTION 12C.10.(b) G.S. 108A‑87(c) reads as rewritten:
"(c) Notwithstanding subsections (a) and (b) of this section, when the Eastern Band of Cherokee Indians assumes responsibility for a program described under G.S. 108A‑25(e), the following shall occur:
(1) Nonfederal matching funds designated to Jackson and
Swain counties to serve the Eastern Band of Cherokee Indians for that program
previously borne by the State shall be allocated directly to the Eastern Band
of Cherokee Indians rather than to those counties.counties and shall not
exceed the amount expended by the State for fiscal year 2014‑2015 for programs
or services assumed by the Eastern Band of Cherokee Indians, as applicable, plus
the growth rate equal to the growth in State‑funded nonfederal share for
all counties.
(2) Any portion of nonfederal matching funds borne by counties for public assistance and social services programs and related administrative costs shall be borne by the Eastern Band of Cherokee Indians."
SECTION 12C.10.(c) Of the funds appropriated in this act from the General Fund to the Department of Health and Human Services, Division of Social Services, the sum of three hundred sixty thousand dollars ($360,000) in recurring funds for fiscal year 2015‑2016 and the sum of three million two hundred thousand dollars ($3,200,000) in nonrecurring funds for fiscal year 2015‑2016 shall be deposited in the Department's information technology budget code to be used for ongoing operation and maintenance pursuant to implementing the provisions of this section.
SECTION 12C.10.(d) Approval for the tribe to administer the eligibility process for Medicaid and NC Health Choice is contingent upon federal approval of a state plan amendment and Medicaid waivers by the Centers for Medicare and Medicaid Services (CMS). The Department of Health and Human Services, Division of Medical Assistance, shall make any necessary amendments to its previous SPA 14‑001, including amendment of its effective date. The new effective date shall be October 1, 2016. If CMS does not approve the SPA, the counties shall continue serving individuals living on the federal lands held in trust by the United States.
SECTION 12C.10.(e) Within 30 days of CMS approval of the amended SPA 14‑001, the Department of Health and Human Services shall submit an Advanced Planning Document Update (APDU) to CMS, the United States Department of Agriculture (USDA), and the Administration for Children and Families (ACF). If CMS, USDA, and ACF do not approve the APDU, the counties shall continue serving individuals living on the federal lands held in trust by the United States.
SECTION 12C.10.(f) Upon CMS, USDA, and ACF approval of the APDU, the Department of Health and Human Services (Department) shall begin functional and detailed design, development, testing, and training of NC FAST, NCTracks, and legacy systems to allow the Eastern Band of Cherokee Indians to assume certain administrative duties consistent with approval given by federal funding partners and any agreements between the Eastern Band of Cherokee Indians and the Department.
SECTION 12C.10.(g) If federal law allows the Eastern Band of Cherokee Indians to assume responsibility for the NC Medicaid program, NC Health Choice, or SNAP, the Eastern Band of Cherokee Indians shall be allowed to assume responsibility for those programs if they choose to assume such responsibility.
Child Protective Services Pilot Project
SECTION 12C.11.(a) Of the funds appropriated in this act to the Department of Health and Human Services, Division of Social Services, the sum of three hundred thousand dollars ($300,000) shall be used for the continuation of the Child Protective Services Pilot Project established by Section 12C.1(e) of S.L. 2014‑100. The Division shall continue to collaborate with the Government Data Analytics Center (GDAC) and shall utilize the funds to support and enhance the Pilot by doing the following:
(1) Developing a dashboard linking the family to the child.
(2) Integrating additional Department of Health and Human Services and other State department data sources to build a more comprehensive view of the child and family, including (i) matching the child to the caretaker; (ii) linking child, family, and address information; and (iii) integrating Criminal Justice Law Enforcement Automated Data Services (CJLEADS) data to determine if the caretaker or someone living in the house is a sex offender or has a criminal history.
(3) Developing a comprehensive profile of a child that includes demographic and caretaker information and indicators or flags of other services, including, but not limited to, prior assessments of the child, eligibility for food and nutrition programs, Medicaid, and subsidized child care.
SECTION 12C.11.(b) The Division of Social Services shall interface the work product from the Child Protective Services Pilot Program with the statewide child welfare case management system operated by the Department of Health and Human Services by utilizing resources and subject matter expertise available through existing public‑private partnerships within the GDAC for the purposes of analyzing risk and improving outcomes for children. The Division of Social Services shall submit its findings and recommendations in a final report on the Child Protective Services Pilot Program to the Joint Legislative Oversight Committee on Health and Human Services no later than March 1, 2016.
SECTION 12C.12.(a) This section shall be known and may be cited as the "Foster Care Family Act."
SECTION 12C.12.(b) Part 1 of Article 1A of Chapter 131D of the General Statutes is amended by adding a new section to read:
"§ 131D‑10.2A. Reasonable and prudent parenting standard.
(a) The reasonable and prudent parenting standard is characterized by careful and sensible parental decisions that maintain a child's health, safety, and best interests while encouraging the child's emotional and developmental growth.
(b) Every child care institution shall designate an on‑site official who is authorized to apply the reasonable and prudent parenting standard pursuant to this section.
(c) A caregiver, including the child's foster parent, whether the child is in a family foster home or a therapeutic foster home, the designated official at a child care institution where the child is placed, or the county department of social services, must use the reasonable and prudent parenting standard when determining whether to allow a child in foster care to participate in extracurricular, enrichment, and social activities.
(d) A caregiver, including the child's foster parent, whether the child is in a family foster home or a therapeutic foster home, the designated official at a child care institution where the child is placed, the county department of social services, or the Department of Health and Human Services with custody of or placement authority over a child in foster care shall not be held liable for an act or omission of the child if the caregiver or county department of social services is acting in accordance with the reasonable and prudent parenting standard under this section.
(e) Unless otherwise ordered by a court with jurisdiction pursuant to G.S. 7B‑200, a caregiver, including the child's foster parent, whether the child is in a family foster home or a therapeutic foster home, exercising the reasonable and prudent parenting standard has the authority to provide or withhold permission, without prior approval of the court or a county department of social services, allowing a child in foster care, in the custody of a county department of social services, or under the placement authority of a county department of social services through a voluntary placement agreement, to participate in normal childhood activities. Normal childhood activities shall include, but are not limited to, extracurricular, enrichment, and social activities and may include overnight activities outside the direct supervision of the caregiver for periods of over 24 hours and up to 72 hours.
(f) The caregiver, including the child's foster parent, whether the child is in a family foster home or a therapeutic foster home, the designated official at a child care institution where the child is placed, the county department of social services, or the Department of Health and Human Services, shall not be liable for injuries to the child that occur as a result of the reasonable and prudent parenting standard. The burden of proof with respect to a breach of the reasonable and prudent parenting standard shall be by clear and convincing evidence.
(g) The caregiver, including the child's foster parent, whether the child is in a family foster home or a therapeutic foster home, the designated official at a child care institution where the child is placed, the county department of social services, or the Department of Health and Human Services, shall be liable for any action or inaction of gross negligence, willful and wanton conduct, or intentional wrongdoing that results in the injury to the child."
SECTION 12C.12.(c) G.S. 7B‑505(b) reads as rewritten:
"(b) The court shall order the Department to make diligent efforts to notify relatives and any custodial parents of the juvenile's siblings that the juvenile is in nonsecure custody and of any hearings scheduled to occur pursuant to G.S. 7B‑506, unless the court finds such notification would be contrary to the best interests of the juvenile. In placing a juvenile in nonsecure custody under this section, the court shall first consider whether a relative of the juvenile is willing and able to provide proper care and supervision of the juvenile in a safe home. If the court finds that the relative is willing and able to provide proper care and supervision in a safe home, then the court shall order placement of the juvenile with the relative unless the court finds that placement with the relative would be contrary to the best interests of the juvenile."
SECTION 12C.12.(d) G.S. 7B‑800.1(a)(4) reads as rewritten:
"(a) Prior to the adjudicatory hearing, the court shall consider the following:
…
(4) Whether relatives or parents with custody of a sibling of the juvenile have been identified and notified as potential resources for placement or support."
SECTION 12C.12.(e) G.S. 7B‑901 reads as rewritten:
"§ 7B‑901. Dispositional hearing.
The dispositional hearing shall take place immediately following the adjudicatory hearing and shall be concluded within 30 days of the conclusion of the adjudicatory hearing. The dispositional hearing may be informal and the court may consider written reports or other evidence concerning the needs of the juvenile. The juvenile and the juvenile's parent, guardian, or custodian shall have the right to present evidence, and they may advise the court concerning the disposition they believe to be in the best interests of the juvenile. The court may consider any evidence, including hearsay evidence as defined in G.S. 8C‑1, Rule 801, including testimony or evidence from any person who is not a party, that the court finds to be relevant, reliable, and necessary to determine the needs of the juvenile and the most appropriate disposition. The court may exclude the public from the hearing unless the juvenile moves that the hearing be open, which motion shall be granted.
At the dispositional hearing, the court shall inquire as to
the identity and location of any missing parent and whether paternity is at
issue. The court shall include findings of the efforts undertaken to locate the
missing parent and to serve that parent and efforts undertaken to establish
paternity when paternity is an issue. The order may provide for specific
efforts in determining the identity and location of any missing parent and
specific efforts in establishing paternity. The court shall also inquire about
efforts made to identify and notify relatives relatives or parents
with custody of a sibling of the juvenile, as potential resources for
placement or support."
SECTION 12C.12.(f) Article 9 of Chapter 7B of the General Statutes is amended by adding the following new sections to read:
"§ 7B‑903.1. Juvenile placed in custody of a county department of social services.
(a) To the extent authorized by federal law, a county department of social services with custody of a juvenile is authorized to make decisions about matters not addressed in this section that are generally made by a juvenile's custodian including, but not limited to, educational decisions and consenting to the sharing of the juvenile's information. The county department of social services may delegate any part of this authority to the juvenile's parent, foster parent, or another individual.
(b) When a juvenile is in the custody or placement responsibility of a county department of social services, the placement provider may, in accordance with G.S. 131D‑10.2A, provide or withhold permission, without prior approval of the court or county department of social services, allowing a juvenile to participate in normal childhood activities. If such authorization is not in the juvenile's best interest, the court shall set forth alternative parameters for approving normal childhood activities.
"§ 7B‑912. Juveniles 14 years of age and older; Another Planned Permanent Living Arrangement.
(a) In addition to the permanency planning requirements under G.S. 7B‑906.1, at every permanency planning hearing for a juvenile in the custody of a county department of social services who has attained the age of 14 years, the court shall inquire and make written findings regarding each of the following:
(1) The services provided to assist the juvenile in making a transition to adulthood.
(2) The steps the county department of social services is taking to ensure that the foster family or other licensed placement provider follows the reasonable and prudent parenting standard as provided in G.S. 131D‑10.2A.
(3) Whether the juvenile has regular opportunities to engage in age‑appropriate or developmentally appropriate activities.
(b) At or before the last scheduled permanency planning hearing, but at least 90 days before a juvenile attains 18 years of age, the court shall (i) inquire as to whether the juvenile has a copy of the juvenile's birth certificate, Social Security card, health insurance information, drivers license or other identification card, and any educational or medical records the juvenile requests and (ii) determine the person or entity that should assist the juvenile in obtaining these documents before the juvenile attains the age of 18 years.
(c) If the court finds each of the following conditions applies, the court shall approve Another Planned Permanent Living Arrangement (APPLA) as the juvenile's primary permanent plan:
(1) The juvenile is 16 or 17 years old.
(2) The county department of social services has made diligent efforts to place the juvenile permanently with a parent or relative or in a guardianship or adoptive placement.
(3) Compelling reasons exist that it is not in the best interest of the juvenile to be placed permanently with a parent or relative or in a guardianship or adoptive placement.
(4) APPLA is the best permanency plan for the juvenile.
(d) If the court approves APPLA as the juvenile's permanent plan, the court shall, after questioning the juvenile, make written findings addressing the juvenile's desired permanency outcome."
SECTION 12C.12.(g) Article 36 of Chapter 58 of the General Statutes is amended by adding a new section to read:
"§ 58‑36‑44. Development of policy form or endorsement for personal liability insurance for foster parents.
(a) The Rate Bureau shall develop an optional policy form or endorsement to be filed with the Commissioner for approval no later than May 1, 2016, that provides liability insurance for foster parents licensed under Article 1A of Chapter 131D of the General Statutes to provide foster care in a family foster home or therapeutic foster home. The policy form or endorsement shall provide coverage for acts or omissions of the foster parent while the parent is acting in his or her capacity as a foster parent in a licensed family foster home or therapeutic foster home licensed under Article 1A of Chapter 131D of the General Statutes.
(b) Nothing in this section is intended to require that the liability insurance policy or endorsement required by this section cover an act or omission that results from any action or inaction of gross negligence, willful and wanton conduct, or intentional wrongdoing that results in injury to the child."
SECTION 12C.12.(h) Article 1 of Chapter 48A of the General Statutes is amended by adding a new section to read:
"§ 48A‑4. Certain minors competent to contract.
A minor who is 16 years of age or older and who is in the legal custody of the county department of social services shall be qualified and competent to contract for the purchase of an automobile insurance policy with the consent of the court with continuing jurisdiction over the minor's placement under G.S. 7B‑1000(b). The minor shall be responsible for paying the costs of the insurance premiums and shall be liable for damages caused by the minor's negligent operation of a motor vehicle. No State or local government agency, foster parent, or entity providing services to the minor under contract or at the direction of a State or local government agency shall be responsible for paying any insurance premiums or liable for damages of any kind as a result of the operation of a motor vehicle by the minor."
SECTION 12C.12.(i) G.S. 20‑11(i) reads as rewritten:
"(i) Application. — An application for a permit or license authorized by this section must be signed by both the applicant and another person. That person must be:
(1) The applicant's parent or guardian;
(2) A person approved by the applicant's parent or guardian; or
(3) A person approved by the Division.
(4) With respect to minors in the legal custody of the county department of social services, any of the following:
a. A guardian ad litem or attorney advocate appointed to advocate for the minor.
b. The director or his or her designee or other type of caseworker assigned to work with the minor.
c. If no person listed in sub‑subdivision a. or b. of this subdivision is available, the court with continuing jurisdiction over the minor's placement under G.S. 7B‑1000(b)."
SECTION 12C.12.(j) G.S. 20‑309 is amended by adding a new subsection to read:
"(a2) Notwithstanding any other provision of this Chapter, an owner's policy of liability insurance issued to a foster parent or parents, which policy includes an endorsement excluding coverage for one or more foster children residing in the foster parent's or parents' household, may be certified as proof of financial responsibility, provided that each foster child for whom coverage is excluded is insured in an amount equal to or greater than the minimum limits required by G.S. 20‑279.21 under some other owner's policy of liability insurance or a named nonowner's policy of liability insurance. The North Carolina Rate Bureau shall establish, with the approval of the Commissioner of Insurance, a named driver exclusion endorsement or endorsements for foster children as described herein."
SECTION 12C.12.(k) G.S. 20‑279.21(b) reads as rewritten:
"(b) Such Except as provided in G.S. 20‑309(a2),
such owner's policy of liability insurance:
…."
SECTION 12C.12.(l) The Department of Health and Human Services, Division of Medical Assistance, shall design and draft, but not submit, a 1915(c) Medicaid waiver to serve children with Serious Emotional Disturbance (SED) in home and community‑based settings. The Department may submit drafts of the waiver to the Centers for Medicare and Medicaid Services (CMS) to solicit feedback but shall not submit the waiver for CMS approval until authorized by the General Assembly.
SECTION 12C.12.(m) The Department shall report, on the draft waiver required by subsection (l) of this section, other findings and any other options or recommendations to best serve children with SED to the Joint Legislative Oversight Committee on Health and Human Services by December 1, 2015. Specifically, the report shall provide an in‑depth analysis of the cost per slot, including an analysis of the estimated number of waiver recipients who would be transitioned from a facility to a home and community‑based setting and the estimated number of waiver recipients who would avoid placement in a facility.
SECTION 12C.12.(n) Subsections (b) through (f) and (h) through (k) of this section become effective October 1, 2015. The remainder of this section is effective when this act becomes law.
SUBPART XII‑D. DIVISION OF AGING AND ADULT SERVICES
STATE‑COUNTY SPECIAL ASSISTANCE RATES
SECTION 12D.1.(a) For each year of the 2015‑2017 fiscal biennium, the maximum monthly rate for residents in adult care home facilities shall be one thousand one hundred eighty‑two dollars ($1,182) per month per resident.
SECTION 12D.1.(b) For each year of the 2015‑2017 fiscal biennium, the maximum monthly rate for residents in Alzheimer's/Dementia special care units shall be one thousand five hundred fifteen dollars ($1,515) per month per resident.
SUBPART XII‑E. DIVISION OF PUBLIC HEALTH
SECTION 12E.1.(a) Funds appropriated in this act for the School Nurse Funding Initiative shall be used to supplement and not supplant other State, local, or federal funds appropriated or allocated for this purpose. Communities shall maintain their current level of effort and funding for school nurses. These funds shall not be used to fund nurses for State agencies. These funds shall be distributed to local health departments according to a formula that includes all of the following:
(1) School nurse‑to‑student ratio.
(2) Percentage of students eligible for free or reduced‑price meals.
(3) Percentage of children in poverty.
(4) Per capita income.
(5) Eligibility as a low‑wealth county.
(6) Mortality rates for children between one and 19 years of age.
(7) Percentage of students with chronic illnesses.
(8) Percentage of county population consisting of minority persons.
SECTION 12E.1.(b) The Division of Public Health shall ensure that school nurses funded with State funds (i) do not assist in any instructional or administrative duties associated with a school's curriculum and (ii) perform all of the following with respect to school health programs:
(1) Serve as the coordinator of the health services program and provide nursing care.
(2) Provide health education to students, staff, and parents.
(3) Identify health and safety concerns in the school environment and promote a nurturing school environment.
(4) Support healthy food services programs.
(5) Promote healthy physical education, sports policies, and practices.
(6) Provide health counseling, assess mental health needs, provide interventions, and refer students to appropriate school staff or community agencies.
(7) Promote community involvement in assuring a healthy school and serve as school liaison to a health advisory committee.
(8) Provide health education and counseling and promote healthy activities and a healthy environment for school staff.
(9) Be available to assist the county health department during a public health emergency.
AIDS DRUG ASSISTANCE PROGRAM (ADAP)
SECTION 12E.2. The Department of Health and Human Services shall work with the Department of Public Safety (DPS) to use DPS funds to purchase pharmaceuticals for the treatment of individuals in the custody of DPS who have been diagnosed with Human Immunodeficiency Virus or Acquired Immune Deficiency Syndrome (HIV/AIDS) in a manner that allows these funds to be accounted for as State matching funds in the Department of Health and Human Services drawdown of federal Ryan White funds earmarked for the AIDS Drug Assistance Program (ADAP).
APPOINTMENT, MANDATORY TRAINING, AND REVOCATION OF APPOINTMENT OF COUNTY MEDICAL EXAMINERS
SECTION 12E.4.(a) G.S. 130A‑382 reads as rewritten:
"§ 130A‑382.
County medical examiners; appointment; term of office; vacancies.vacancies;
training requirements; revocation for cause.
(a) The Chief Medical Examiner shall appoint one
two or more county medical examiners for each county for a three‑year
term. In appointing medical examiners for each county, the Chief Medical
Examiner shall give preference to physicians licensed to practice medicine in
this State but may also appoint licensed physician assistants, nurse
practitioners, nurses, coroners, or emergency medical technician
paramedics. A medical examiner may serve more than one county. The Chief
Medical Examiner may take jurisdiction in any case or appoint another medical
examiner to do so.
(b) County medical examiners shall complete annual continuing education training as directed by the Office of the Chief Medical Examiner and based upon established and published guidelines for conducting death investigations. The continuing education training shall include training regarding sudden unexplained death in epilepsy. The Office of the Chief Medical Examiner shall annually update and publish these guidelines on its Internet Web site. Newly appointed county medical examiners shall complete mandatory orientation training as directed by the Office of the Chief Medical Examiner within 90 days of their appointment.
(c) The Chief Medical Examiner may revoke a county medical examiner's appointment for failure to adequately perform the duties of the office after providing the county medical examiner with written notice of the basis for the revocation and an opportunity to respond."
SECTION 12E.4.(b) This section becomes effective January 1, 2016.
INCREASE IN NORTH CAROLINA MEDICAL EXAMINER AUTOPSY FEE
SECTION 12E.5.(a) G.S. 130A‑389(a) reads as rewritten:
"(a) If, in the opinion of the medical examiner
investigating the case or of the Chief Medical Examiner, it is advisable and in
the public interest that an autopsy or other study be made; or, if an autopsy
or other study is requested by the district attorney of the county or by any
superior court judge, an autopsy or other study shall be made by the Chief
Medical Examiner or by a competent pathologist designated by the Chief Medical
Examiner. A complete autopsy report of findings and interpretations, prepared
on forms designated for the purpose, shall be submitted promptly to the Chief
Medical Examiner. Subject to the limitations of G.S. 130A‑389.1
relating to photographs and video or audio recordings of an autopsy, a copy of
the report shall be furnished to any person upon request. A fee for the autopsy
or other study shall be paid by the State. However, if the deceased is a
resident of the county in which the death or fatal injury occurred, that county
shall pay the fee. The fee shall be one thousand two hundred fifty dollars
($1,250).two thousand eight hundred dollars ($2,800)."
SECTION 12E.5.(b) Subsection (a) of this section applies to fees imposed for autopsies performed on or after July 1, 2015.
SECTION 12E.5.(c) Funds appropriated in this act to the Department of Health and Human Services, Division of Public Health, Office of the Chief Medical Examiner, shall not be used to provide a supplement to counties to offset any portion of the autopsy fee authorized in G.S. 130A‑389(a), as amended by subsection (a) of this section.
INCREASE IN NORTH CAROLINA MEDICAL EXAMINER FEE
SECTION 12E.6.(a) G.S. 130A‑387 reads as rewritten:
"§ 130A‑387. Fees.
For each investigation and prompt filing of the required
report, the medical examiner shall receive a fee paid by the State. However, if
the deceased is a resident of the county in which the death or fatal injury
occurred, that county shall pay the fee. The fee shall be one hundred
dollars ($100.00).two hundred fifty dollars ($250.00)."
SECTION 12E.6.(b) Subsection (a) of this section becomes effective July 1, 2015, and applies to fees imposed for investigations and reports filed on or after that date.
INCREASE IN transportation RATE FOR DEATH INVESTIGATIONS AND AUTOPSIES
SECTION 12E.7. Of the funds appropriated in this act to the Department of Health and Human Services, Division of Public Health, Office of the Chief Medical Examiner, the sum of four hundred thousand dollars ($400,000) for the 2015‑2016 fiscal year and the sum of four hundred thousand dollars ($400,000) for the 2016‑2017 fiscal year shall be used to increase the current base contract rate paid by the Department to transport bodies for death investigations or autopsies to one hundred ninety dollars ($190.00) for the first 40 miles and then one dollar ($1.00) per mile after the first 40 miles.
transfer OF functions OF office of MINORITY HEALTH
SECTION 12E.8. The Office of Minority Health of the Department of Health and Human Services is hereby eliminated. The Department of Health and Human Services, Division of Central Management, shall assume responsibility for establishing and administering a competitive grants process in accordance with Section 12A.8(d) of this act for evidence‑based programs that are scientifically proven to eliminate or reduce health disparities among minority populations in this State.
transfer of FUNCTIONS OF PHYSICAL ACTIVITY AND NUTRITION PROGRAM to division of central management and support
SECTION 12E.9. The Physical Activity and Nutrition Program within the Department of Health and Human Services, Division of Public Health, Chronic Disease and Injury Section, is hereby eliminated. The Department of Health and Human Services, Central Management and Support Division, shall assume responsibility for establishing and administering a competitive grants process in accordance with Section 12A.8(c) of this act for evidence‑based programs that are scientifically proven to improve physical health and nutrition across the State.
RENAMING AND TRANSFER OF OFFICE OF RURAL HEALTH AND COMMUNITY CARE TO DIVISION OF PUBLIC HEALTH
SECTION 12E.10.(a) The Office of Rural Health and Community Care is hereby transferred from the Department of Health and Human Services, Division of Central Management and Support, to the Department of Health and Human Services, Division of Public Health, by a Type I transfer, as defined in G.S. 143A‑6, and renamed the Rural Health Section.
SECTION 12E.10.(b) Consistent with subsection (a) of this section, the Revisor of Statutes may conform names and titles changed by this section, and may correct statutory references as required by this section, throughout the General Statutes. In making the changes authorized by this section, the Revisor may also adjust subject and verb agreement and the placement of conjunctions.
SUBPART XII‑F. DIVISION OF MH/DD/SAS AND STATE OPERATED HEALTHCARE FACILITIES
FUNDS FOR LOCAL INPATIENT PSYCHIATRIC BEDS OR BED DAYS
SECTION 12F.1.(a) Use of Funds. – Of the funds appropriated in Section 2.1 of this act to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities and Substance Abuse Services, for crisis services, the sum of forty‑three million forty‑nine thousand one hundred forty‑four dollars ($43,049,144) for the 2015‑2016 fiscal year and the sum of forty‑three million forty‑nine thousand one hundred forty‑four dollars ($43,049,144) for the 2016‑2017 fiscal year shall be used to purchase additional local inpatient psychiatric beds or bed days not currently funded by or though LME/MCOs. The Department shall continue to implement a two‑tiered system of payment for purchasing these local inpatient psychiatric beds or bed days based on acuity level with an enhanced rate of payment for inpatient psychiatric beds or bed days for individuals with higher acuity levels, as defined by the Department. The enhanced rate of payment for inpatient psychiatric beds or bed days for individuals with higher acuity levels shall not exceed the lowest average cost per patient bed day among the State psychiatric hospitals. In addition, at the discretion of the Secretary of Health and Human Services, existing funds allocated to LME/MCOs for community‑based mental health, developmental disabilities, and substance abuse services may be used to purchase additional local inpatient psychiatric beds or bed days. Funds designated in this subsection for the purchase of local inpatient psychiatric beds or bed days shall not be used to supplant other funds appropriated or otherwise available to the Department for the purchase of inpatient psychiatric services through contracts with local hospitals.
SECTION 12F.1.(b) Distribution and Management of Beds or Bed Days. – The Department shall work to ensure that any local inpatient psychiatric beds or bed days purchased in accordance with this section are utilized solely for individuals who are medically indigent, defined as uninsured persons who (i) are financially unable to obtain private insurance coverage as determined by the Department and (ii) are not eligible for government‑funded health coverage such as Medicare or Medicaid; and distributed across the State in LME/MCO catchment areas and according to need as determined by the Department. The Department shall ensure that beds or bed days for individuals with higher acuity levels are distributed across the State in LME catchment areas, including any catchment areas served by managed care organizations, and according to greatest need based on hospital bed utilization data. The Department shall enter into contracts with LME/MCOs and local hospitals for the management of these beds or bed days. The Department shall work to ensure that these contracts are awarded equitably around all regions of the State. LME/MCOs shall manage and control these local inpatient psychiatric beds or bed days, including the determination of the specific local hospital or State psychiatric hospital to which an individual should be admitted pursuant to an involuntary commitment order.
SECTION 12F.1.(c) Funds to Be Held in Statewide Reserve. – Funds appropriated to the Department for the purchase of local inpatient psychiatric beds or bed days shall not be allocated to LME/MCOs but shall be held in a statewide reserve at the Division of Mental Health, Developmental Disabilities and Substance Abuse Services, to pay for services authorized by the LME/MCOs and billed by the hospitals through the LME/MCOs. LME/MCOs shall remit claims for payment to the Department within 15 working days after receipt of a clean claim from the hospital and shall pay the hospital within 30 working days after receipt of payment from the Department.
SECTION 12F.1.(d) Ineffective LME/MCO Management of Beds or Bed Days. – If the Department determines that (i) an LME/MCO is not effectively managing the beds or bed days for which it has responsibility, as evidenced by beds or bed days in the local hospital not being utilized while demand for services at the State psychiatric hospitals has not reduced, or (ii) the LME/MCO has failed to comply with the prompt payment provisions of subsection (c) of this section, the Department may contract with another LME/MCO to manage the beds or bed days or, notwithstanding any other provision of law to the contrary, may pay the hospital directly.
SECTION 12F.1.(e) Reporting by LME/MCOs. – The Department shall establish reporting requirements for LME/MCOs regarding the utilization of these beds or bed days.
SECTION 12F.1.(f) Reporting by Department. – By no later than December 1, 2016, and by no later than December 1, 2017, the Department shall report to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division on all of the following:
(1) A uniform system for beds or bed days purchased during the preceding fiscal year from (i) funds appropriated in this act that are designated for this purpose in subsection (a) of this section, (ii) existing State appropriations, and (iii) local funds.
(2) Other Department initiatives funded by State appropriations to reduce State psychiatric hospital use.
SINGLE STREAM FUNDING FOR MH/DD/SAS COMMUNITY SERVICES
SECTION 12F.2.(a) For the purpose of mitigating cash flow problems that many LME/MCOs experience at the beginning of each fiscal year relative to single stream funding, the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services (Division), shall distribute not less than one‑twelfth of each LME/MCO's continuation allocation at the beginning of the fiscal year and subtract the amount of that distribution from the LME/MCO's total reimbursements for the fiscal year.
SECTION 12F.2.(b) The Division is directed to reduce its allocation for single stream funding by one hundred eighty‑five million six hundred four thousand six hundred fifty‑three dollars ($185,604,653) in nonrecurring funds for the 2015‑2016 fiscal year and by one hundred eighty‑five million six hundred four thousand six hundred fifty‑three dollars ($185,604,653) for the 2016‑2017 fiscal year. The Division is directed to allocate this reduction among the LME/MCOs based on the percentage of the total single stream funding allocated to each LME/MCO for the 2014‑2015 fiscal year. During each year of the 2015‑2017 fiscal biennium, each LME/MCO shall use its cash reserves to provide at least the same level of services paid for by single stream funding during the 2014‑2015 fiscal year.
FUNDS FOR THE NORTH CAROLINA CHILD TREATMENT PROGRAM
SECTION 12F.3.(a) Recurring funds appropriated in this act to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, for the 2015‑2017 fiscal biennium for the North Carolina Child Treatment Program (NC CTP) shall be used for the following purposes:
(1) To continue to provide clinical training and coaching to licensed clinicians on an array of evidence‑based treatments and to provide a statewide platform to assure accountability and outcomes.
(2) To maintain and manage a public roster of program graduates, linking high‑quality clinicians with children, families, and professionals.
(3) To partner with State, LME/MCO, and private sector leadership to bring effective mental health treatment to children in juvenile justice and mental health facilities.
SECTION 12F.3.(b) All data, including any entered or stored in the State‑funded secure database developed for the NC CTP to track individual‑level and aggregate‑level data with interface capability to work with existing networks within State agencies, is and remains the sole property of the State.
TRAUMATIC BRAIN INJURY FUNDING
SECTION 12F.6. Of the funds appropriated in this act to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, for the 2015‑2016 fiscal year, the sum of two million three hundred seventy‑three thousand eighty‑six dollars ($2,373,086) shall be used exclusively to support traumatic brain injury (TBI) services as follows:
(1) The sum of three hundred fifty‑nine thousand two hundred eighteen dollars ($359,218) shall be used to fund contracts with the Brain Injury Association of North Carolina, Carolinas Rehabilitation, or other appropriate service providers.
(2) The sum of seven hundred ninety‑six thousand nine hundred thirty‑four dollars ($796,934) shall be used to support residential programs across the State that are specifically designed to serve individuals with TBI.
(3) The sum of one million two hundred sixteen thousand nine hundred thirty‑four dollars ($1,216,934) shall be used to support requests submitted by individual consumers for assistance with residential support services, home modifications, transportation, and other requests deemed necessary by the consumer's local management entity and primary care physician.
CREATION OF SEPARATE DOROTHEA DIX HOSPITAL PROPERTY FUND WITHIN THE MENTAL HEALTH TRUST FUND
SECTION 12F.6A.(a) G.S. 143C‑9‑2 is amended by adding a new subsection to read:
"(b1) The Dorothea Dix Hospital Property Fund is established as a separate fund within the Trust Fund. The fund is established to receive the net proceeds from the sale of the Dorothea Dix Hospital property. Moneys in the Dorothea Dix Hospital Property Fund shall be allocated or expended only upon an act of appropriation by the General Assembly and shall not be subject to the limitations of the moneys in the Trust Fund for Mental Health, Developmental Disabilities, and Substance Abuse Services and Bridge Funding Needs as described in subsection (b) of this section."
SECTION 12F.6A.(b) Notwithstanding G.S. 146‑30 or any other provision of law, the net proceeds of the sale of the Dorothea Dix Hospital property shall be deposited into the Dorothea Dix Hospital Property Fund established in G.S. 143C‑9‑2(b1), as enacted by subsection (a) of this section.
JOINT STUDY OF JUSTICE AND PUBLIC SAFETY AND BEHAVIORAL HEALTH
SECTION 12F.10. The Joint Legislative Oversight Committee on Health and Human Services and the Joint Legislative Oversight Committee on Justice and Public Safety shall each appoint a subcommittee to study the intersection of Justice and Public Safety and behavioral health and report their findings and recommendations to their respective Committees. The subcommittees shall meet jointly to study and report on the following issues:
(1) The impact of the Justice Reinvestment Act on the State's behavioral health system, including the following:
a. The impact of the Justice Reinvestment Act on the demand for community‑based behavioral health services available through local management entities/managed care organizations (LME/MCOs).
b. The change in the number of criminal offenders referred to the Treatment Accountability for Safer Communities (TASC) program since 2010 and other demands on the TASC program that have arisen since that time.
c. The sources and amounts of funding available to serve this population, as well as any other support or resources that are provided by the Department of Public Safety to the Department of Health and Human Services or the LME/MCOs.
d. An analysis of the supply and demand for behavioral health providers who serve this population.
(2) The impact of mental illness and substance abuse on county law enforcement agencies, including the following:
a. The number of people with mental illness and substance abuse issues held in county jails.
b. The impact on local law enforcement agencies, particularly with respect to their budgets and personnel.
(3) The impact of judicial decisions on the State's behavioral health and social services system, including the following:
a. The role and impact of family court decisions on the demand for and delivery of county social services.
b. The role and impact of decisions by drug treatment courts, veterans' mental health courts, and driving while impaired courts.
c. The impact of judicial decisions on the availability of beds in State‑operated psychiatric facilities as a result of involuntary commitment orders and incapacity to proceed decisions.
(4) Any other relevant issues the subcommittees jointly deem appropriate.
LME/MCO USE OF FUNDS TO PURCHASE INPATIENT ALCOHOL AND SUBSTANCE ABUSE TREATMENT SERVICES
SECTION 12F.12.(a) It is the intent of the General Assembly to terminate all direct State appropriations for State‑operated alcohol and drug abuse treatment centers (ADATCs) beginning with the 2015‑2016 fiscal year and instead appropriate funds to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities and Substance Abuse Services, for community services in order to allow local management entities/managed care organizations (LME/MCOs) to assume responsibility for managing the full array of publicly funded substance abuse services, including inpatient services delivered through the ADATCs. To this end and notwithstanding any other provision of law, on the effective date of this section all direct State appropriations for ADATCs are terminated and the ADATCs shall be one hundred percent receipt‑supported.
SECTION 12F.12.(b) From funds appropriated in this act to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities and Substance Abuse Services, to be allocated to LME/MCOs for the purchase of inpatient alcohol and substance abuse treatment services, the LME/MCOs shall use their respective fund allocations for individuals within their respective catchment areas as follows:
(1) During the 2015‑2016 fiscal year, a minimum of one hundred percent (100%) of the allocation shall be used exclusively to purchase inpatient alcohol and substance abuse treatment services from the ADATCs.
(2) During the 2016‑2017 fiscal year, a minimum of ninety percent (90%) of the allocation shall be used exclusively to purchase inpatient alcohol and substance abuse treatment services from the ADATCs. The LME/MCOs shall use the remaining ten percent (10%) of their respective allocations to purchase inpatient alcohol and substance abuse treatment services from any qualified provider.
SECTION 12F.12.(c) By March 1, 2016, the Department of Health and Human Services shall develop and report to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division a plan to allow the ADATCs to remain one hundred percent (100%) receipt‑supported. The report shall include an evaluation of (i) other community‑based and residential services that could be provided by the ADATCs and (ii) potential funding sources other than payments from the LME/MCOs, including funding available from estimated receipts from Medicare, Medicaid, insurance, and self‑pay.
SECTION 12F.13.(a) The Department of Health and Human Services shall not allow any new admissions or readmissions to the Wright School after June 30, 2015. The Department shall, in consultation with local management entities/managed care organizations, develop a plan to transition all students enrolled at the Wright School to other appropriate educational and treatment settings.
SECTION 12F.13.(b) By September 30, 2015, the Department shall permanently cease operations at the Wright School.
SECTION 12F.13.(c) G.S. 122C‑181(a)(5)b. is repealed effective October 1, 2015.
REPORT ON MULTIPLICATIVE AUDITING AND MONITORING OF CERTAIN SERVICE PROVIDERS
SECTION 12F.14. No later than December 1, 2015, the Department of Health and Human Services shall report to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division on the status of multiplicative auditing and monitoring of all provider agencies under the Division of Mental Health, Developmental Disabilities and Substance Abuse Services, that have been nationally accredited through a recognized national accrediting body. The report shall include (i) all group home facilities licensed under Chapter 122C of the General Statutes, (ii) a complete list of all auditing and monitoring activities to which these service providers are subject, and (iii) recommendations on the removal of all unnecessary regulatory duplication to enhance efficiency.
FUNDS FOR DRUG OVERDOSE MEDICATIONS
SECTION 12F.15. Funds appropriated in this act to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities and Substance Abuse Services, for the 2015‑2016 fiscal year for the purchase of opioid antagonists as defined in G.S. 90‑106.2, shall be used as follows:
(1) Twenty‑five thousand dollars ($25,000) shall be used to purchase opioid antagonists to be distributed at no charge to the North Carolina Harm Reduction Coalition to serve individuals at risk of experiencing an opioid‑related drug overdose or to the friends and family members of an at‑risk individual.
(2) Twenty‑five thousand dollars ($25,000) shall be used to purchase opioid antagonists to be distributed at no charge to North Carolina law enforcement agencies.
STRENGTHENING OF CONTROLLED SUBSTANCES MONITORING
STATEWIDE OPIOID PRESCRIBING GUIDELINES
SECTION 12F.16.(a) By July 1, 2016, the following State health officials and health care provider licensing boards shall adopt the North Carolina Medical Board's Policy for the Use of Opiates for the Treatment of Pain:
(1) The Director of the Division of Public Health of the Department of Health and Human Services (DHHS).
(2) The Director of the Division of Medical Assistance, DHHS.
(3) The Director of the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, DHHS.
(4) The directors of medical, dental, and mental health services within the Department of Public Safety.
(5) North Carolina State Board of Dental Examiners.
(6) North Carolina Board of Nursing.
(7) North Carolina Board of Podiatry Examiners.
CONTINUING EDUCATION REQUIREMENTS
SECTION 12F.16.(b) The following health care provider occupational licensing boards shall require continuing education on the abuse of controlled substances as a condition of license renewal for health care providers who prescribe controlled substances:
(1) North Carolina Board of Dental Examiners.
(2) North Carolina Board of Nursing.
(3) North Carolina Board of Podiatry Examiners.
(4) North Carolina Medical Board.
SECTION 12F.16.(c) In establishing the continuing education standards, the boards listed in subsection (b) of this section shall require that at least one hour of the total required continuing education hours consists of a course designed specifically to address prescribing practices. The course shall include, but not be limited to, instruction on controlled substance prescribing practices and controlled substance prescribing for chronic pain management.
IMPROVE CONTROLLED SUBSTANCES REPORTING SYSTEM ACCESS AND UTILIZATION
SECTION 12F.16.(d) G.S. 90‑113.74 reads as rewritten:
"§ 90‑113.74. Confidentiality.
(a) Prescription information submitted to the
Department is privileged and confidential, is not a public record pursuant to G.S. 132‑1,
is not subject to subpoena or discovery or any other use in civil proceedings,
and except as otherwise provided below may only be used (i) for
investigative or evidentiary purposes related to violations of State or federal
law and law, (ii) for regulatory activities. activities,
or (iii) to inform medical records or clinical care. Except as otherwise
provided by this section, prescription information shall not be disclosed or
disseminated to any person or entity by any person or entity authorized to
review prescription information.
…
(c) The Department shall release data in the controlled substances reporting system to the following persons only:
…
(8) Any county medical examiner appointed by the Chief Medical Examiner pursuant to G.S. 130A‑382 and the Chief Medical Examiner, for the purpose of investigating the death of an individual.
(9) The federal Drug Enforcement Administration's Office of Diversion Control.
(10) The North Carolina Health Information Exchange Authority (NC HIE Authority), established under Article 29A of this Chapter, through Web‑service calls.
…."
SECTION 12F.16.(e) The Department of Health and Human Services shall adopt appropriate policies and procedures documenting and supporting the additional functionality and expanded access added by subsection (d) of this section for the Controlled Substances Reporting System (CSRS) for the entities added to G.S. 90‑113.74(c) by subsection (d) of this section and shall amend its contract with the vendor that operates the CSRS to support the additional functionality and expanded access to the CSRS.
IMPROVE CONTROLLED SUBSTANCES REPORTING SYSTEM CONTRACT
SECTION 12F.16.(f) The Department of Health and Human Services (DHHS) shall modify the contract for the Controlled Substances Reporting System (CSRS) to improve performance, establish user access controls, establish data security protocols, and ensure availability of data for advanced analytics. Specifically, the contract shall be modified to include the following:
(1) A connection to the North Carolina Health Information Exchange Authority (NC HIE Authority).
(2) The establishment of interstate connectivity.
(3) Data security protocols that meet or exceed the Federal Information Processing Standards (FIPS) established by the National Institute of Standards and Technology (NIST).
SECTION 12F.16.(g) DHHS shall complete the contract modifications required by subsection (f) of this section by December 31, 2015. DHHS shall report by November 15, 2015, to the Joint Legislative Program Evaluation Oversight Committee and the Joint Legislative Oversight Committee on Health and Human Services regarding the progress to modify the contract.
SECTION 12F.16.(h) DHHS shall apply for grant funding from the National Association of Boards of Pharmacy to establish the connection to PMP InterConnect. The Department shall request forty thousand thirty‑five dollars ($40,035) to establish the initial interface for PMP InterConnect and thirty thousand dollars ($30,000) for two years of ongoing service, maintenance, and support for PMP InterConnect in order to create interstate connectivity for the drug monitoring program as required by subdivision (2) of subsection (f) of this section.
SECTION 12F.16.(i) Funds appropriated in this act to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, for the CSRS shall be used as follows:
(1) For the 2015‑2016 fiscal year, the sum of forty thousand thirty‑five dollars ($40,035) shall be used to connect the CSRS and the NC HIE Authority, as required by subdivision (1) of subsection (f) of this section.
(2) For the 2015‑2016 fiscal year and for the 2016‑2017 fiscal year, the sum of fifteen thousand dollars ($15,000) shall be used to maintain a connection between the CSRS and the NC HIE Authority, as required by subdivision (1) of subsection (f) of this section.
(3) For the 2015‑2016 fiscal year, the sum of forty thousand thirty‑five dollars ($40,035) shall be used to establish the initial interface for PMP InterConnect, as required by subdivision (2) of subsection (f) of this section. This amount shall be adjusted or eliminated if DHHS is successful in obtaining grant awards or identifying other allowable receipts for this purpose. If receipts are used for this purpose, this nonrecurring appropriation shall revert to the General Fund.
(4) For the 2015‑2016 fiscal year, the sum of fifteen thousand dollars ($15,000) shall be used for the cost of annual service fees for the interstate connection for the drug monitoring program, as required by subdivision (2) of subsection (f) of this section. This amount shall be adjusted or eliminated if DHHS is successful in obtaining grant awards or identifying other allowable receipts for this purpose. If receipts are used for this purpose, this nonrecurring appropriation shall revert to the General Fund.
EXPAND MONITORING CAPACITY
SECTION 12F.16.(j) The North Carolina Controlled Substances Reporting System shall expand its monitoring capacity by establishing data use agreements with the Prescription Behavior Surveillance System. In order to participate, the CSRS shall establish a data use agreement with the Center of Excellence at Brandeis University no later than January 1, 2016.
SECTION 12F.16.(k) Beginning September 1, 2016, and every two years thereafter, the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services of the Department of Health and Human Services shall report on its participation with the Prescription Behavior Surveillance System to the Joint Legislative Oversight Committee on Health and Human Services and the Joint Legislative Oversight Committee on Justice and Public Safety.
MEDICAID LOCK‑IN PROGRAM
SECTION 12F.16.(l) The Division of Medical Assistance of the Department of Health and Human Services (DMA) shall take the following steps to improve the effectiveness and efficiency of the Medicaid lock‑in program:
(1) Establish written procedures for the operation of the lock‑in program, including specifying the responsibilities of DMA and the program contractor.
(2) Establish procedures for the sharing of bulk data with the Controlled Substances Regulatory Branch.
(3) In consultation with the Physicians Advisory Group, extend lock‑in duration to two years and revise program eligibility criteria to align the program with the statewide strategic goals for preventing prescription drug abuse. DMA shall report an estimate of the cost‑savings from the revisions to the eligibility criteria to the Joint Legislative Program Evaluation Oversight Committee and the Joint Legislative Oversight Committee on Health and Human Services within one year of the lock‑in program again becoming operational.
(4) Develop a Web site and communication materials to inform lock‑in enrollees, prescribers, pharmacists, and emergency room health care providers about the program.
(5) Increase program capacity to ensure that all individuals who meet program criteria are locked in.
(6) Conduct an audit of the lock‑in program within six months after the effective date of this act in order to evaluate the effectiveness of program restrictions in preventing overutilization of controlled substances, identify any program vulnerabilities, and address whether there is evidence of any fraud or abuse within the program.
DMA shall report to the Joint Legislative Program Evaluation Oversight Committee by September 30, 2015, on its progress toward implementing all items included in this section.
STATEWIDE STRATEGIC PLAN
SECTION 12F.16.(m) There is hereby created the Prescription Drug Abuse Advisory Committee, to be housed in and staffed by the Department of Health and Human Services (DHHS). The Committee shall develop and, through its members, implement a statewide strategic plan to combat the problem of prescription drug abuse. The Committee shall include representatives from the following, as well as any other persons designated by the Secretary of Health and Human Services:
(1) The Division of Medical Assistance, DHHS.
(2) The Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, DHHS.
(3) The Division of Public Health, DHHS.
(4) The Rural Health Section of the Division of Public Health, DHHS.
(5) The State Bureau of Investigation.
(6) The Attorney General's Office.
(7) The following health care regulatory boards with oversight of prescribers and dispensers of prescription drugs:
a. North Carolina Board of Dental Examiners.
b. North Carolina Board of Nursing.
c. North Carolina Board of Podiatry Examiners.
d. North Carolina Medical Board.
e. North Carolina Board of Pharmacy.
(8) The UNC Injury Prevention Research Center.
(9) The substance abuse treatment community.
(10) Governor's Institute on Substance Abuse, Inc.
(11) The Department of Insurance's drug take‑back program.
After developing the strategic plan, the Committee shall be the State's steering committee to monitor achievement of strategic objectives and receive regular reports on progress made toward reducing prescription drug abuse in North Carolina.
(b) In developing the statewide strategic plan to combat the problem of prescription drug abuse, the Prescription Drug Abuse Advisory Committee shall, at a minimum, complete the following steps:
(1) Identify a mission and vision for North Carolina's system to reduce and prevent prescription drug abuse.
(2) Scan the internal and external environment for the system's strengths, weaknesses, opportunities, and challenges (a SWOC analysis).
(3) Compare threats and opportunities to the system's ability to meet challenges and seize opportunities (a GAP analysis).
(4) Identify strategic issues based on SWOC and GAP analyses.
(5) Formulate strategies and resources for addressing these issues.
(c) The strategic plan for reducing prescription drug abuse shall include three to five strategic goals that are outcome‑oriented and measureable. Each goal must be connected with objectives supported by the following five mechanisms of the system:
(1) Oversight and regulation of prescribers and dispensers by State health care regulatory boards.
(2) Operation of the Controlled Substances Reporting System.
(3) Operation of the Medicaid lock‑in program to review behavior of patients with high use of prescribed controlled substances.
(4) Enforcement of State laws for the misuse and diversion of controlled substances.
(5) Any other appropriate mechanism identified by the Committee.
(d) DHHS, in consultation with the Prescription Drug Abuse Advisory Committee, shall develop and implement a formalized performance management system that connects the goals and objectives identified in the statewide strategic plan to operations of the Controlled Substances Reporting System and Medicaid lock‑in program, law enforcement activities, and oversight of prescribers and dispensers. The performance management system must be designed to monitor progress toward achieving goals and objectives and must recommend actions to be taken when performance falls short.
(e) Beginning on December 1, 2016, and annually thereafter, DHHS shall submit an annual report on the performance of North Carolina's system for monitoring prescription drug abuse to the Joint Legislative Oversight Committee on Health and Human Services and the Joint Legislative Oversight Committee on Justice and Public Safety.
EFFECTIVE DATE
SECTION 12F.16.(n) Subdivision (f)(1) of this section becomes effective upon the establishment of the North Carolina Health Information Exchange Authority pursuant to Section 12A.5 of this act. The remainder of this section is effective when it becomes law.
Eliminate Publication/Access North Carolina Travel Guide
SECTION 12F.17. G.S. 168‑2 is repealed.
BROUGHTON HOSPITAL FACILITIES STUDY
SECTION 12F.18. Of the funds appropriated in this act for the 2015‑2016 fiscal year for technology infrastructure, furniture, and equipment for the Broughton Hospital replacement facility, the sum of two hundred thousand dollars ($200,000) shall be used to conduct the study of potential uses for vacated Broughton Hospital facilities authorized in S.L. 2014‑100.
SUBPART XII‑G. DIVISION OF HEALTH SERVICE REGULATION
MORATORIUM ON SPECIAL CARE UNIT LICENSES
SECTION 12G.2.(a) Section 12G.1(a) of S.L. 2013‑360, as amended by Section 12G.5 of S.L. 2014‑100, reads as rewritten:
"SECTION 12G.1.(a) For the period beginning July
31, 2013, and ending June 30, 2016,June 30, 2017, the Department
of Health and Human Services, Division of Health Service Regulation
(Department), shall not issue any licenses for special care units as defined in
G.S. 131D‑4.6 and G.S. 131E‑114. This prohibition shall
not restrict the Department from doing any of the following:
(1) Issuing a license to a facility that is acquiring an existing special care unit.
(2) Issuing a license for a special care unit in any area of the State upon a determination by the Secretary of the Department of Health and Human Services that increased access to this type of care is necessary in that area during the moratorium imposed by this section.
(3) Processing all completed applications for special care unit licenses received by the Division of Health Service Regulation along with the applicable license fee prior to June 1, 2013.
(4) Issuing a license to a facility that was in possession of a certificate of need as of July 31, 2013, that included authorization to operate special care unit beds."
SECTION 12G.2.(a1) The Department shall submit a report to the Joint Legislative Oversight Committee on Health and Human Services by March 1, 2016, containing at least the following information:
(1) The number of licensed special care units in the State.
(2) The capacity of the currently licensed special care units to serve people in need of their services.
(3) The anticipated growth in the number of people who will need the services of a licensed special care unit.
(4) The number of applications received from special care units seeking licensure as permitted by this section, and the number of those applications that were not approved.
SECTION 12G.2.(b) This section is effective when this act becomes law.
PHASED CERTIFICATE OF NEED REPEAL
SECTION 12G.5.(a) It is the intent of the General Assembly to repeal the certificate of need laws set forth in Article 9 of Chapter 131E of the General Statutes in three phases as set forth in subsections (b) and (c) of this section.
SECTION 12G.5.(b) Phase 1. – Effective January 1, 2016, the certificate of need laws will not apply to the following health service facilities and activities:
(1) The establishment of beds or a change in bed capacity at any of the following health service facilities:
a. Acute care hospitals.
b. Inpatient psychiatric hospitals.
c. Inpatient rehabilitation hospitals.
d. Kidney disease treatment centers.
e. ICFMRs.
f. Chemical dependency treatment facilities.
(2) The offering of any of the following services:
a. Bone marrow transplantation.
b. Burn intensive care services.
c. Open heart surgery services.
d. Solid organ transplantation.
(3) The acquisition of any of the following equipment:
a. Gamma knife equipment.
b. Heart‑lung bypass machine.
c. Lithotripter.
(4) The construction, development, establishment, increase in the number, or relocation of an operating room or gastrointestinal endoscopy room in a licensed health service facility.
SECTION 12G.5.(c) Phase 2. – Effective August 1, 2017, the certificate of need laws will not apply to the establishment of beds or a change in bed capacity at any of the following health service facilities:
(1) Diagnostic centers.
(2) Ambulatory surgical facilities.
SECTION 12G.5.(d) Phase 3. – Effective January 1, 2019, the certificate of need laws will not apply to the following health service facilities and activities:
(1) Nursing homes.
(2) Hospice programs.
(3) Hospice inpatient facilities.
(4) Hospice residential care facilities.
(5) Long‑term care hospitals.
(6) The offering of cardiac catheterization services.
(7) The acquisition of any of the following equipment:
a. Cardiac catheterization equipment.
b. Linear accelerator.
c. Magnetic resonance imaging scanner.
d. Positron emission tomography scanner.
e. Simulator.
REPEAL CERTIFICATE OF PUBLIC ADVANTAGE LAWS
SECTION 12G.6.(a) Article 1E of Chapter 90 and Article 9A of Chapter 131E of the General Statutes are repealed.
SECTION 12G.6.(b) All existing certificates of public advantage (COPAs) granted pursuant to Article 1E of Chapter 90 and Article 9A of Chapter 131E of the General Statutes, as defined in these Articles, are cancelled effective January 1, 2016. By delaying the effective date of the cancellation of COPAs to January 1, 2016, it is the intent of the General Assembly to provide parties to existing cooperative agreements, as defined in G.S. 90‑21.25 and G.S. 131E‑192.2, with sufficient time to review their cooperative agreements for compliance with State and federal laws and to take whatever action the parties deem necessary.
SECTION 12G.6.(c) This section is effective when it becomes law.
SUBPART XII‑H. DIVISION OF MEDICAL ASSISTANCE (MEDICAID)
SECTION 12H.2.(a) Families and children who are categorically and medically needy are eligible for Medicaid, subject to the following annual income levels:
Categorically Medically
Family Needy Needy
Size Income Level Income Level
1 $ 5,208 $ 2,904
2 6,828 3,804
3 8,004 4,404
4 8,928 4,800
5 9,888 5,196
6 10,812 5,604
7 11,700 6,000
8 12,432 6,300
The Department of Health and Human Services shall provide Medicaid coverage to 19‑ and 20‑year‑olds under this subsection in accordance with federal rules and regulations. Medicaid enrollment of categorically needy families with children shall be continuous for one year without regard to changes in income or assets.
SECTION 12H.2.(b) For the following Medicaid eligibility classifications for which the federal poverty guidelines are used as income limits for eligibility determinations, the income limits will be updated each April 1 immediately following publication of federal poverty guidelines. The Department of Health and Human Services, Division of Medical Assistance, shall provide Medicaid coverage to the following:
(1) All elderly, blind, and disabled people who have incomes equal to or less than one hundred percent (100%) of the federal poverty guidelines.
(2) Pregnant women with incomes equal to or less than one hundred ninety‑six percent (196%) of the federal poverty guidelines and without regard to resources. Services to pregnant women eligible under this subsection continue throughout the pregnancy but include only those related to pregnancy and to those other conditions determined by the Department as conditions that may complicate pregnancy.
(3) Infants under the age of one with family incomes equal to or less than two hundred ten percent (210%) of the federal poverty guidelines and without regard to resources.
(4) Children aged one through five with family incomes equal to or less than two hundred ten percent (210%) of the federal poverty guidelines and without regard to resources.
(5) Children aged six through 18 with family incomes equal to or less than one hundred thirty‑three percent (133%) of the federal poverty guidelines and without regard to resources.
(6) Workers with disabilities described in G.S. 108A‑66A with unearned income equal to or less than one hundred fifty percent (150%) of the federal poverty guidelines.
The Department of Health and Human Services, Division of Medical Assistance, shall also provide family planning services to men and women of childbearing age with family incomes equal to or less than one hundred ninety‑five percent (195%) of the federal poverty guidelines and without regard to resources.
SECTION 12H.2.(c) The Department of Health and Human Services, Division of Medical Assistance, shall provide Medicaid coverage to adoptive children with special or rehabilitative needs, regardless of the adoptive family's income.
SECTION 12H.2.(d) The Department of Health and Human Services, Division of Medical Assistance, shall provide Medicaid coverage to "independent foster care adolescents," ages 18, 19, and 20, as defined in section 1905(w)(1) of the Social Security Act (42 U.S.C. § 1396d(w)(1)), without regard to the adolescent's assets, resources, or income levels.
SECTION 12H.2.(e) The Department of Health and Human Services, Division of Medical Assistance, shall provide Medicaid coverage to women who need treatment for breast or cervical cancer and who are defined in 42 U.S.C. § 1396a(a)(10)(A)(ii)(XVIII).
SECTION 12H.2.(f) G.S. 108A‑70.21 reads as rewritten:
"§ 108A‑70.21. Program eligibility; benefits; enrollment fee and other cost‑sharing; coverage from private plans; purchase of extended coverage.
(a) Eligibility. – The Department may enroll eligible children based on availability of funds. Following are eligibility and other requirements for participation in the Program:
(1) Children must:
a. Be between the ages of 6 through 18;
b. Be ineligible for Medicaid, Medicare, or other federal government‑sponsored health insurance;
c. Be uninsured;
d. Be in a family whose family income is above one
hundred thirty‑three percent (133%) through and less than or
equal to two hundred eleven percent (200%)(211%) of
the federal poverty level;
e. Be a resident of this State and eligible under federal law; and
f. Have paid the Program enrollment fee required under this Part.
...
(b) Benefits. – All health benefits changes of the Program shall meet the coverage requirements set forth in this subsection. Except as otherwise provided for eligibility, fees, deductibles, copayments, and other cost sharing charges, health benefits coverage provided to children eligible under the Program shall be equivalent to coverage provided for dependents under North Carolina Medicaid Program except for the following:
(1) No services for long‑term care.
(2) No nonemergency medical transportation.
(3) No EPSDT.
(4) Dental services shall be provided on a restricted basis in accordance with criteria adopted by the Department to implement this subsection.
In addition to the benefits provided under the North Carolina Medicaid Program, the following services and supplies are covered under the Health Insurance Program for Children established under this Part:
(1), (1a) Repealed by Session Laws 2011‑145, s. 10.41(b), effective July 1, 2011.
(2) Vision: Scheduled routine eye examinations once every 12 months, eyeglass lenses or contact lenses once every 12 months, routine replacement of eyeglass frames once every 24 months, and optical supplies and solutions when needed. NCHC recipients must obtain optical services, supplies, and solutions from NCHC enrolled, licensed or certified ophthalmologists, optometrists, or opticians. In accordance with G.S. 148‑134, NCHC providers must order complete eyeglasses, eyeglass lenses, and ophthalmic frames through Nash Optical Plant. Eyeglass lenses are limited to NCHC‑approved single vision, bifocal, trifocal, or other complex lenses necessary for a Plan enrollee's visual welfare. Coverage for oversized lenses and frames, designer frames, photosensitive lenses, tinted contact lenses, blended lenses, progressive multifocal lenses, coated lenses, and laminated lenses is limited to the coverage for single vision, bifocal, trifocal, or other complex lenses provided by this subsection. Eyeglass frames are limited to NCHC‑approved frames made of zylonite, metal, or a combination of zylonite and metal. All visual aids covered by this subsection require prior approval. Requests for medically necessary complete eyeglasses, eyeglass lenses, and ophthalmic frames outside of the NCHC‑approved selection require prior approval. Requests for medically necessary fabrication of complete eyeglasses or eyeglass lenses outside of Nash Optical Plant require prior approval. Upon prior approval refractions may be covered more often than once every 12 months.
(3) Under the North Carolina Health Choice Program for
Children, the co‑payment for nonemergency visits to the emergency room
for children whose family income is at or below less than or equal to
one hundred fiftyfifty‑nine percent (150%)(159%)
of the federal poverty level is ten dollars ($10.00). The co‑payment for
children whose family income is between above one hundred fifty‑one
fifty‑nine percent (151%)(159%) and less than
or equal to two hundred eleven percent (200%)(211%) of
the federal poverty level is twenty‑five dollars ($25.00).
...
(c) Annual Enrollment Fee. – There shall be no
enrollment fee for Program coverage for enrollees whose family income is at
or belowless than or equal to one hundred fifty fifty‑nine
percent (150%)(159%) of the federal poverty level. The
enrollment fee for Program coverage for enrollees whose family income is above
one hundred fifty fifty‑nine percent (150%)(159%)
throughand less than or equal to two hundred eleven
percent (200%)(211%) of the federal poverty level shall be fifty
dollars ($50.00) per year per child with a maximum annual enrollment fee of one
hundred dollars ($100.00) for two or more children. The enrollment fee shall be
collected by the county department of social services and retained to cover the
cost of determining eligibility for services under the Program. County
departments of social services shall establish procedures for the collection of
enrollment fees.
(d) Cost‑Sharing. – There shall be no
deductibles, copayments, or other cost‑sharing charges for families
covered under the Program whose family income is at or belowless than
or equal to one hundred fiftyfifty‑nine percent (150%)(159%)
of the federal poverty level, except that fees for outpatient prescription
drugs are applicable and shall be one dollar ($1.00) for each outpatient
generic prescription drug, for each outpatient brand‑name prescription
drug for which there is no generic substitution available, and for each covered
over‑the‑counter medication. The fee for each outpatient brand‑name
prescription drug for which there is a generic substitution available is three
dollars ($3.00). Families covered under the Program whose family income is
above one hundred fifty fifty‑nine percent (150%)(159%)
of the federal poverty level shall be responsible for copayments to providers
as follows:
(1) Five dollars ($5.00) per child for each visit to a provider, except that there shall be no copayment required for well‑baby, well‑child, or age‑appropriate immunization services;
(2) Five dollars ($5.00) per child for each outpatient hospital visit;
(3) A one dollar ($1.00) fee for each outpatient generic prescription drug, for each outpatient brand‑name prescription drug for which there is no generic substitution available, and for each covered over‑the‑counter medication. The fee for each outpatient brand‑name prescription drug for which there is a generic substitution available is ten dollars ($10.00).
(4) Twenty dollars ($20.00) for each emergency room visit unless:
a. The child is admitted to the hospital, or
b. No other reasonable care was available as determined by the Department.
…"
LME/MCO OUT‑OF‑NETWORK AGREEMENTS
SECTION 12H.3.(a) The Department of Health and Human Services (Department) shall ensure that local management entities/managed care organizations (LME/MCOs) utilize an out‑of‑network agreement that contains standardized elements developed in consultation with LME/MCOs. The out‑of‑network agreement shall be a streamlined agreement between a single provider of behavioral health or intellectual/developmental disability (IDD) services and an LME/MCO to ensure access to care in accordance with 42 C.F.R. 438.206(b)(4), reduce administrative burden on the provider, and comply with all requirements of State and federal laws and regulations. Beginning July 1, 2015, LME/MCOs shall use the out‑of‑network agreement in lieu of a comprehensive provider contract when all of the following conditions are met:
(1) The services requested are medically necessary and cannot be provided by an in‑network provider.
(2) The behavioral health or IDD provider's site of service delivery is located outside of the geographical catchment area of the LME/MCO, and the LME/MCO is not accepting applications or the provider does not wish to apply for membership in the LME/MCO closed network.
(3) The behavioral health or IDD provider is not excluded from participation in the Medicaid program, the NC Health Choice program or other State or federal health care program.
(4) The behavioral health or IDD provider is serving no more than two enrollees of the LME/MCO, unless the agreement is for inpatient hospitalization, in which case the LME/MCO may, but shall not be required to, enter into more than five such out‑of‑network agreements with a single hospital or health system in any 12‑month period.
SECTION 12H.3.(b) Medicaid providers providing services pursuant to an out‑of‑network agreement shall be considered a network provider for purposes of Chapter 108D of the General Statutes only as it relates to enrollee grievances and appeals.
PROVIDER APPLICATION AND RECREDENTIALING FEE
SECTION 12H.4. The Department of Health and Human Services, Division of Medical Assistance, shall charge an application fee of one hundred dollars ($100.00), and the amount federally required, to each provider enrolling in the Medicaid Program for the first time. The fee shall be charged to all providers at recredentialing every three years.
REIMBURSEMENT FOR IMMUNIZING PHARMACIST SERVICES
SECTION 12H.5.(a) Effective January 1, 2016, the Department of Health and Human Services, Division of Medical Assistance (Department), shall provide Medicaid and NC Health Choice reimbursement for the administration of covered vaccinations or immunizations provided by immunizing pharmacists in accordance with G.S. 90‑85.15B.
SECTION 12H.5.(b) In order to implement the requirements of subsection (a) of this section, the Department shall enroll immunizing pharmacists as providers.
SECTION 12H.5.(c) The Department shall submit any State plan amendments necessary to accomplish the requirements of this section.
TRAUMATIC BRAIN INJURY MEDICAID WAIVER
SECTION 12H.6.(a) The Department of Health and Human Services, Division of Medical Assistance and Division of Mental Health, Developmental Disabilities, and Substance Abuse Services (Department), shall submit to the Centers for Medicare and Medicaid Services a request for approval of the 1915(c) waiver for individuals with traumatic brain injury (TBI) that the Department designed pursuant to Section 12H.6 of S.L. 2014‑100, which the Joint Legislative Oversight Committee on Health and Human Services recommended as part of its December 2014 report to the General Assembly, and which is further described in the Department's February 1, 2015, report to the General Assembly.
SECTION 12H.6.(b) The Department shall report to the Joint Legislative Oversight Committee on Health and Human Services on the status of the Medicaid TBI waiver request and the plan for implementation no later than December 1, 2015. The Department shall submit an updated report by March 1, 2016. Each report shall include the following:
(1) The number of individuals who are being served under the waiver and the total number of individuals expected to be served.
(2) The expenditures to date and a forecast of future expenditures.
(3) Any recommendations regarding expansion of the waiver.
SECTION 12H.6.(c) Of the funds appropriated to the Department of Health and Human Services, Division of Medical Assistance, two million dollars ($2,000,000) for fiscal year 2015‑2016 and two million dollars ($2,000,000) for fiscal year 2016‑2017 shall be used to fund the Medicaid TBI waiver.
STUDY MEDICAID COVERAGE FOR VISUAL AIDS
SECTION 12H.6A. The Department of Health and Human Services, Division of Medical Assistance, in consultation with the Department of Public Safety, shall submit a report to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division by October 1, 2015, containing an analysis of the fiscal impact to the State of reinstating Medicaid coverage for visual aids for adults utilizing a contract with the Department of Public Safety for fabrication of the eyeglasses at Nash Optical Plant Optical Laboratory. The report shall also analyze the cost of reinstating Medicaid coverage for routine eye examinations for adults in addition to the coverage for visual aids.
SECTION 12H.7. G.S. 108A‑122(b) reads as rewritten:
"(b) Allowable Cost. – An assessment paid under
this Article may be included as allowable costs of a hospital for purposes of
any applicable Medicaid reimbursement formula. formula; assessments
paid under this Article shall be excluded from cost settlement. An
assessment imposed under this Article may not be added as a surtax or
assessment on a patient's bill."
LME/MCO Transfer of Funds to Risk Reserve
SECTION 12H.8.(a) After the local management entities/managed care organizations (LME/MCOs) have allocated funds to cover the reduction in single stream funding required by Section 12F.2 of this act, the Department of Health and Human Services, Division of Medical Assistance, shall require LME/MCOs to transfer funds from their operating cash reserves to their contractually‑required risk reserve account in an amount sufficient so that the funds in the risk reserve account equal fifteen percent (15%) of annual premiums. The Department shall not require LME/MCOs to transfer from their operating cash reserves the amount needed to make up the difference between the current month's claims payments and the capitation payment received for the month.
SECTION 12H.8.(b) The Department shall discontinue paying the two percent (2%) added to the administrative payment of an LME/MCO when the amount in the LME/MCO's risk reserve account reaches fifteen percent (15%) of annual premiums.
SECTION 12H.8.(c) The Department shall work with LME/MCOs to consolidate their multiple existing reserve accounts so that each LME/MCO has only one reserve account.
ADMINISTRATIVE HEARINGS FUNDING
SECTION 12H.9. Of the funds appropriated to the Department of Health and Human Services, Division of Medical Assistance, for administrative contracts and interagency transfers, the Department of Health and Human Services (Department) shall transfer the sum of one million dollars ($1,000,000) for the 2015‑2016 fiscal year and the sum of one million dollars ($1,000,000) for the 2016‑2017 fiscal year to the Office of Administrative Hearings (OAH). These funds shall be allocated by the OAH for mediation services provided for Medicaid applicant and recipient appeals and to contract for other services necessary to conduct the appeals process. OAH shall continue the Memorandum of Agreement (MOA) with the Department for mediation services provided for Medicaid recipient appeals and contracted services necessary to conduct the appeals process. The MOA will facilitate the Department's ability to draw down federal Medicaid funds to support this administrative function. Upon receipt of invoices from OAH for covered services rendered in accordance with the MOA, the Department shall transfer the federal share of Medicaid funds drawn down for this purpose.
ACCOUNTING FOR MEDICAID RECEIVABLES AS NONTAX REVENUE
SECTION 12H.10.(a) Receivables reserved at the end of the 2015‑2016 and 2016‑2017 fiscal years shall, when received, be accounted for as nontax revenue for each of those fiscal years.
MEDICAID SPECIAL FUND TRANSFER
SECTION 12H.11. Of the funds transferred to the Department of Health and Human Services for Medicaid programs pursuant to G.S. 143C‑9‑1, there is appropriated from the Medicaid Special Fund to the Department of Health and Human Services the sum of forty‑three million dollars ($43,000,000) for the 2015‑2016 fiscal year and the sum of forty‑three million dollars ($43,000,000) for the 2016‑2017 fiscal year. These funds shall be allocated as prescribed by G.S. 143C‑9‑1(b) for Medicaid programs. Notwithstanding the prescription in G.S. 143C‑9‑1(b) that these funds not reduce State general revenue funding, these funds shall replace the reduction in general revenue funding effected in this act.
MISCELLANEOUS MEDICAID PROVISIONS
SECTION 12H.12.(a) Volume Purchase Plans and Single Source Procurement. – The Department of Health and Human Services, Division of Medical Assistance, may, subject to the approval of a change in the State Medicaid Plan, contract for services, medical equipment, supplies, and appliances by implementation of volume purchase plans, single source procurement, or other contracting processes in order to improve cost containment.
SECTION 12H.12.(b) Cost Containment Programs. – The Department of Health and Human Services, Division of Medical Assistance, may undertake cost containment programs, including contracting for services, preadmissions to hospitals, and prior approval for certain outpatient surgeries before they may be performed in an inpatient setting.
SECTION 12H.12.(c) Medicaid Identification Cards. – The Department shall issue Medicaid identification cards to recipients on an annual basis with updates as needed.
MISCELLANEOUS HEALTH CHOICE PROVISIONS
SECTION 12H.14.(a) G.S. 108A‑70.18(4a) is repealed.
SECTION 12H.14.(b) G.S. 108A‑70.20 reads as rewritten:
"§ 108A‑70.20. Program established.
The Health Insurance Program for Children is established. The
Program shall be known as North Carolina Health Choice for Children, and it
shall be administered by the Department of Health and Human Services in
accordance with this Part and as required under Title XXI and related federal
rules and regulations. Administration of Program benefits and claims
processing shall be as provided under Part 5 of Article 3 of Chapter 135 of
the General Statutes.described in 42 C.F.R. § 447.45(d)(1)."
SECTION 12H.14.(c) Subsections (g) and (h) of G.S. 108A‑70.21 are repealed.
SECTION 12H.14.(d) G.S. 108A‑70.21(i) reads as rewritten:
"(i) No Lifetime Maximum Benefit Limit. – Benefits
provided to an enrollee in the Program shall not be subject to a maximum
lifetime limit.may be subject to lifetime maximum limits set forth in
Medicaid and NC Health Choice medical coverage policies adopted pursuant to G.S. 108A‑54.2."
SECTION 12H.14.(e) G.S. 108A‑70.27(c) is repealed.
REINSTATE COST SETTLEMENT PURSUANT TO 1993 STATE AGREEMENT
SECTION 12H.17. Effective July 1, 2015, the cost settlement for outpatient Medicaid services performed by Vidant Medical Center, which was previously known as Pitt County Memorial Hospital, shall be at one hundred percent (100%) of allowable costs.
Covered Services and Payment for Services
SECTION 12H.18. Except as otherwise specifically provided in this act or another act passed during the 2015 Regular Session, the authorized State plan services, co‑pays, reimbursement rates, and fees shall remain the same as those authorized as of June 30, 2015.
Drug Reimbursement Using Average Acquisition Cost
SECTION 12H.19.(a) The Department of Health and Human Services, Division of Medical Assistance, (Department) shall adopt an average acquisition cost methodology for brand and generic drug ingredient pricing to be effective beginning on January 1, 2016. The drug ingredient pricing methodology shall be consistent with new federal requirements or, if the new federal requirements have not yet been finalized by July 1, 2015, consistent with the most recent draft federal requirements. In adopting a new drug ingredient pricing methodology, the Department shall also do all of the following:
(1) Raise the average dispensing fee to a weighted average amount that does not exceed twelve dollars ($12.00).
(2) Set actual dispensing fees that maintain a higher dispensing fee for preferred and generic drugs and a lower dispensing fee for brand and nonpreferred drugs.
(3) Ensure that ingredient prices are updated at least monthly.
SECTION 12H.19.(b) In addition to the requirements in subsection (a) of this section, the Department may also set tiered dispensing fees that establish a higher dispensing fee for providers who dispense a lower volume of prescriptions and a lower dispensing fee for providers who dispense a higher volume of prescriptions, as long as the weighted average amount of all the tiered dispensing fees does not exceed twelve dollars ($12.00).
SECTION 12H.19.(c) In order to implement this section, the Department shall either amend the State plan amendment request submitted to the Centers for Medicare and Medicaid Services (CMS) pursuant to Section 12H.8 of S.L. 2014‑100 so that it conforms with the requirements of this section or shall withdraw that State plan amendment and submit a new State plan amendment request to CMS that conforms with the requirements of this section, in accordance with the procedures set forth in G.S. 108A‑54.1A.
Medicaid Dental Service Cost Settlement
SECTION 12H.20. The Department of Health and Human Services, Division of Medical Assistance, shall submit a State Plan Amendment request to the Centers for Medicare and Medicaid Services to assure that all State‑operated dental schools receive the same reimbursement for dental services provided to North Carolina Medicaid beneficiaries.
Mobile Dental Provider Enrollment
SECTION 12H.21. For mobile dental providers seeking enrollment as a Medicaid provider, and upon reenrollment of current Medicaid mobile dental providers, the Department of Health and Human Services, Division of Medicaid Assistance, shall require as a condition of enrollment or reenrollment that the mobile dental provider show proof of a contractual affiliation with dental practice that is not mobile, and the Department shall require the mobile dental provider to use the National Provider Identifier (NPI) of the non‑mobile dental practice for purposes of filing claims.
Increase Rates for Private Duty Nursing
SECTION 12H.22. Effective January 1, 2016, the Department of Health and Human Services, Division of Medical Assistance, shall increase by ten percent (10%) the rate paid for private duty nursing services provided pursuant to Clinical Coverage Policy 3G.
RESTRICTING GRADUATE MEDICAL PAYMENTS
SECTION 12H.23.(a) The Department of Health and Human Services shall submit a State Plan Amendment to modify Section 4.19‑A of the Medicaid State Plan, such that, effective October 1, 2015, no Medicaid provider may receive reimbursement for Graduate Medical Education (GME) in addition to their DRG Unit Value (Base) rate under the methodology as defined in the current Medicaid State Plan.
SECTION 12H.23.(b) This modification shall be implemented upon approval by the Centers for Medicare and Medicaid Services (CMS).
SECTION 12H.23.(c) The Department of Health and Human Services, Division of Medical Assistance, shall be exempt from the 90‑day prior submission requirement in G.S. 108A‑54.1A in order to submit the State Plan amendment required to implement this section.
Medicaid Transformation and Reorganization
SECTION 12H.24.(a) Intent and Goals. – It is the intent of the General Assembly to transform the State's current Medicaid program to a program that provides budget predictability for the taxpayers of this State while ensuring quality care to those in need. The new Medicaid program shall be designed to achieve the following goals:
(1) Ensure budget predictability through shared risk and accountability.
(2) Ensure balanced quality, patient satisfaction, and financial measures.
(3) Ensure efficient and cost‑effective administrative systems and structures.
(4) Ensure a sustainable delivery system.
SECTION 12H.24.(b) Structure of Delivery System. – The transformed Medicaid program described in subsection (a) of this section shall be organized according to the following principles and parameters:
(1) The Health Benefits Authority (Authority), created in subsection (h1) of this section, shall have full budget and regulatory authority to manage the State's Medicaid and NC Health Choice programs, except the General Assembly shall determine eligibility categories and income thresholds.
(2) Among its initial tasks, the Authority shall:
a. Determine the structural and financial qualifications required for managed care organizations (MCOs) and provider‑led entities (PLEs). The majority of the members of a PLE's governing board shall be composed of providers as defined in G.S. 108C‑2 or entities composed of providers.
b. Designate six regions within the State. Regions must be composed of whole counties. Regions do not have to be contiguous, and it is not the intent of the General Assembly to require that every county be included in at least one of the six regions.
(3) The Authority shall enter into contractual relationships with MCOs and PLEs for the delivery of all Medicaid health care items and services. All contracts shall be the result of a request for proposals (RFP) issued by the Authority and the submission of competitive bids by MCOs and PLEs. The governing principles and minimum terms and conditions of the RFPs, bids, and contracts are described in subsection (d) of this section.
(4) The number and nature of the contracts required under subdivision (3) of this subsection shall be as follows:
a. Three contracts between the Authority and any combination of individual MCOs and individual PLEs. Each of these contracts shall provide statewide coverage for all Medicaid health care items and services (statewide contracts).
b. Up to 12 contracts between the Authority and individual PLEs for coverage of specified regions (regional contracts). Regional contracts shall be in addition to the three statewide contracts required under sub‑subdivision a. of this subdivision. Each regional contract shall provide coverage throughout the entire region for all Medicaid health care items and services. A PLE may bid on more than one region. The Authority shall have full discretion to enter into one, two, or no regional contracts in any region.
(5) As a result of the contracts entered into by the Authority under subdivision (3) of this subsection, a recipient shall have at least three, but no more than five enrollment choices for the provision of all Medicaid health care items and services. The Authority shall provide for annual open enrollment periods and shall determine the process for assigning recipients who do not select a MCO or PLE during the enrollment period.
SECTION 12H.24.(c) Time Line. – The following milestones for Medicaid transformation shall occur no later than the following dates:
(1) When this act becomes law. ‑
a. The Health Benefits Authority is created pursuant to subsection (h1) of this section and appointments to the Authority's Board shall be made pursuant to G.S. 143B‑1405.
b. The Joint Legislative Oversight Committee on the Health Benefits Authority (LOC‑HBA) is created pursuant to subsection (l) of this section to oversee the Medicaid and NC Health Choice programs.
(2) September 1, 2015. – The Department of Health and Human Services (Department) shall establish the Medicaid stabilization team pursuant to subsection (g) of this section.
(3) October 1, 2015. ‑
a. The Authority is designated as the single state agency for the administration of Medicaid and NC Health Choice.
b. The Department and the Authority shall enter into agreements necessary for the Authority to supervise the Department's administration of the Medicaid and NC Health Choice programs.
(4) February 1, 2016. – The Authority shall submit requests for waivers and State Plan amendments to the Centers for Medicare and Medicaid Services necessary to implement Medicaid transformation.
(5) March 1, 2016. – The Authority shall report recommended statutory changes to the North Carolina General Statutes to the LOC‑HBA.
(6) April 1, 2017. – The initial recipient enrollment period begins.
(7) August 1, 2017. – Capitated full‑risk contracts begin.
SECTION 12H.24.(d) Requests for Proposals; Bids; Terms & Conditions of Contracts. – The following shall be components of the initial RFPs, responsive bids to the initial RFPs, and the initial contracts that are required under subsection (b) of this section.
(1) An RFP may solicit bids for a statewide contract, a regional contract, or both, and may propose variable contract durations.
(2) RFPs must require at least all of the following:
a. Full‑risk capitation for all Medicaid health care items and services.
b. Coverage for all program aid categories except the dual eligible categories for which Medicaid only pays Medicare premiums.
c. All bidders meet solvency requirements established by the Department of Insurance pursuant to subsection (k1) of this section.
d. All bidders meet the same standards and metrics for risk, outcomes, and quality.
e. All bidders establish appropriate networks or providers to deliver services.
f. All bidders subcontract with existing LME/MCOs for behavioral health services for up to three years at a capitation rate that is no less than the most recently negotiated rate for the then current scope of benefits paid to LME/MCOs.
g. All bidders agree not to limit providers' ability to contract with other MCOs and PLEs.
h. All bidders must connect to the Health Information Exchange Network or any successor information technology entity or architecture specified by the Authority in order to ensure effective systems and connectivity to support clinical coordination of care, exchange of information, and the availability of data to the Authority to manage the Medicaid and NC Health Choice program for the State.
i. All bidders ensure that their contracts with providers include value‑based payment systems that support the achievement of overall performance, quality, and outcome measures.
(3) All bids must respond to the requirements of subdivision (2) of this subsection and must also include at least all of the following:
a. For statewide contracts, a description of how the MCO or PLE will ensure access to appropriate care throughout the State.
b. For regional contracts, a description of how the PLE will ensure access to appropriate care throughout the region.
c. Proposed competitive medical loss ratios.
d. Proposed full‑risk capitated rates based on Centers for Medicare and Medicaid Services (CMS) actuarial soundness and industry standards as well as risk adjusted rate ranges using claims data from fiscal year 2014‑2015. Actuarial calculations must include utilization assumptions consistent with industry and local standards.
e. Methods to ensure program integrity against provider fraud, waste, and abuse at all levels.
(4) In addition to the requirements of subdivisions (1) through (3) of this subsection, each contract must provide for all of the following:
a. Negotiated full‑risk capitated rates, including a portion that is at risk for achievement of quality and outcome measures.
b. Negotiated competitive medical loss ratios.
c. Compliance by the MCO or PLE with all CMS requirements for the Medicaid and NC Health Choice programs.
d. Defined measures and goals for risk adjusted health outcomes, quality of care, patient satisfaction, and cost. Each component must be measured and monitored continually and reported at set intervals as determined by the Authority. Each component shall be subject to specific accountability measures, including penalties. The Authority may use organizations such as National Committee for Quality Assurance (NCQA), Physician Consortium for Performance Improvement (PCPI), Healthcare Effectiveness Data and Information Set (HEDIS), or any others necessary to develop effective measures for outcomes and quality.
e. Acceptance of full responsibility by the MCO or PLE for all grievance and appeals.
f. Ability of the MCO or PLE to exclude providers from networks based on economic or quality standards.
g. Ability of the MCO or PLE to terminate the capitation rate required under sub‑subdivision f. of subdivision (2) of this subsection if termination of the rate is mutually agreed to by the LME/MCO.
h. Agreement that covered benefits will not be reduced from the covered services in effect on the date the contract is awarded except in instances where the Authority reduces a covered service for all recipients and for all contracts.
SECTION 12H.24.(e) Monthly Progress Report. – Beginning November 1, 2015, and monthly thereafter until October 1, 2018, the Health Benefits Authority shall report to the LOC‑HBA and the Fiscal Research Division on the State's progress toward completing Medicaid transformation. The March 1, 2016, report shall contain proposed changes to the North Carolina General Statutes that are necessary to implement Medicaid transformation.
SECTION 12H.24.(f) Maintain Funding Mechanisms. – In developing the waivers and State Plan amendments necessary to implement this section, the Authority shall work with the Centers for Medicare & Medicaid Services (CMS) to attempt to preserve existing levels of funding generated from Medicaid‑specific funding streams, such as assessments, to the extent that the levels of funding may be preserved. If such Medicaid‑specific funding cannot be maintained as currently implemented, then the Authority shall advise the LOC‑HBA created in subsection (h1) of this section of any modifications necessary to maintain as much revenue as possible within the context of Medicaid transformation. If such Medicaid‑specific funding streams cannot be preserved through the transformation process or if revenue would decrease, it is the intent of the General Assembly to modify such funding streams so that any supplemental payments to providers are more closely aligned to improving health outcomes and achieving overall Medicaid goals.
SECTION 12H.24.(g) DHHS Role in Medicaid Transformation. – During Medicaid transformation, the Department of Health and Human Services, Division of Medical Assistance (Division), shall cooperate with the Authority to ensure a smooth transition of the Medicaid and NC Health Choice programs and shall perform all of the following functions:
(1) The Department and the Authority shall enter into agreements necessary for the Authority to supervise the Department's administration of the Medicaid and NC Health Choice programs until the transformed Medicaid program is completed.
(2) The Department of Health and Human Services, Office of the Secretary, (Office of the Secretary) shall organize a Medicaid stabilization team to do the following:
a. Maintain the Medicaid and NC Health Choice programs until Medicaid transformation has been completed.
b. Work with the Authority during the transition.
c. Develop strategies to successfully complete the requirements of sub‑subdivisions a. and b. of this subdivision.
d. Make recommendations to the LOC‑HBA on any additional authorization or funding necessary to successfully complete the requirements of sub‑subdivisions a. and b. of this subdivision.
e. With assistance from the Office of State Human Resources, conduct interviews and meetings with designated essential employees of the Division to explain the transition process, including options for the employees and the bonus payment system established under this subsection.
f. No later than September 1, 2015, report to the LOC‑HBA on the plan to communicate to employees, as required by sub‑subdivision e. of this subdivision.
(3) The Office of the Secretary shall identify the key managers, leaders, and decision makers to be part of the stabilization team and, no later than September 1, 2015, shall submit a list of these people and their roles to the Authority and the LOC‑HBA.
(4) No later than September 1, 2015, the Secretary of Health and Human Services (Secretary) shall identify and designate "essential positions" throughout the Department without which the Medicaid and NC Health Choice programs could not operate on a day‑to‑day basis. Such positions designated by the Secretary may include any position, whether subject to or exempt from the State Personnel Act or whether supervisory or nonsupervisory, as long as the position is essential to the operation of Medicaid or NC Health Choice. Because the designation is based on the functions to be performed and because of the nature of the bonuses provided under this subsection, the designation of a position as essential may not be revoked, and the Secretary may designate both open and filled positions.
(5) In order to encourage employees to remain in their positions working on Medicaid and NC Health Choice within the Department, employees serving in positions designated as essential positions under this subsection shall be eligible for the following benefits:
a. Effective August 1, 2015, any employee working in a designated essential position within the Division shall receive a bonus at each pay period that is equal to five percent (5%) of the employee's earnings for that period.
b. Effective August 1, 2015, any employee working in a designated essential position within the Department, but outside of the Division, whose salary is paid with federal Medicaid funds shall also receive a five percent (5%) bonus, paid in the same manner as bonuses are paid under sub‑subdivision a. of this subdivision. If such an employee working outside of the Division does not work full‑time on Medicaid issues, then the amount of the bonus shall be calculated by first multiplying the employee's earnings for that period by the percentage of the employee's time spent on Medicaid issues and then multiplying that product by five percent (5%).
c. Any employee who received bonus payments under sub‑subdivisions a. or b. of this subdivision who is still employed within the Division or within the Department as of July 31, 2017, or who is employed within the Authority, shall receive a final bonus payment equal to the sum of all the bonus payments that the employee had received since July 1, 2015, under sub‑subdivision a. of this subdivision. No employee departing before July 31, 2017, shall be eligible to receive any portion of such a final bonus payment, and no property right is created by this subsection for employees that depart before July 31, 2017.
d. The bonus payments paid under this subsection are made notwithstanding G.S. 126‑4(2) or any other provision of law. Notwithstanding G.S. 135‑1(7a), bonus payments paid under this subsection shall not count as "compensation" for purposes of the Retirement System for Teachers and State Employees, nor shall the Department of Health and Human Services be required to make payments to the Retirement System based on the amounts paid as bonuses. Additionally, bonus payments paid under this subsection shall not count as "compensation" or "salary" for calculating severance payments under G.S. 126‑8.5 or calculating unemployment benefits.
(6) The Department shall not enter into any new contracts, or renew or extend any contracts that existed prior to the effective date of this subsection, related to the Medicaid or NC Health Choice programs without the express prior approval of the Board of the Authority. The Department and the Division shall ensure that any Medicaid‑related or NC Health Choice‑related State contract entered into after the effective date of this act contains a clause that allows the Department or the Division to terminate the contract without cause upon 30 days' notice. Any contract signed by the Department or the Division after the effective date of this act that lacks such a termination clause shall, nonetheless, be deemed to include such a clause and shall be cancellable without cause upon 30 days' notice.
SECTION 12H.24.(h1) Creation of Health Benefits Authority. – Effective when this act becomes law, the Health Benefits Authority as established in this section shall be a single, unified cabinet‑level department. In accordance with the time line set out in subsection (c) of this section, the Health Benefits Authority shall administer and operate all functions, powers, duties, obligations, and services related to the Medicaid and NC Health Choice programs. In accordance with the time line set out in subsection (c) of this section, all functions, powers, duties, obligations, and services vested in the Department of Health and Human Services, Division of Medical Assistance, are vested in the Health Benefits Authority.
SECTION 12H.24.(h2) G.S. 143B‑6 reads as rewritten:
"§ 143B‑6. Principal departments.
In addition to the principal departments enumerated in the Executive Organization Act of 1971, all executive and administrative powers, duties, and functions not including those of the General Assembly and its agencies, the General Court of Justice and the administrative agencies created pursuant to Article IV of the Constitution of North Carolina, and higher education previously vested by law in the several State agencies, are vested in the following principal departments:
…
(12) Health Benefits Authority."
SECTION 12H.24.(h3) Chapter 143B of the General Statutes is amended by adding a new Article to read:
"Article 14.
"Health Benefits Authority.
"§ 143B‑1400. Creation and organization.
There is hereby established the Health Benefits Authority (Authority) to administer and operate the Medicaid and NC Health Choice programs. The Authority shall be governed by a board, which shall be responsible for ensuring quality health outcomes to eligible recipients at a predictable cost to the taxpayers of this State. The Authority shall be the designated single State agency for the administration and operation of the Medicaid and NC Health Choice programs.
"§ 143B‑1405. Board of the Health Benefits Authority.
(a) The Board of the Health Benefits Authority shall consist of the following:
(1) Three members appointed by the Governor.
(2) Two members appointed by the General Assembly, on the recommendation of the President Pro Tempore of the Senate.
(3) Two members appointed by the General Assembly, on the recommendation of the Speaker of the House of Representatives.
(4) The Secretary of Health and Human Services or the Secretary's designee, who shall serve as an ex officio nonvoting member of the Board.
(b) Each appointed member of the board shall have expertise from at least one of the following areas:
(1) The administration of large health delivery systems.
(2) Health insurance.
(3) Health actuarial science.
(4) Health economics.
(5) Health law and policy.
In making appointments to the Board under this section, each appointing authority shall consult with the other appointing authorities to ensure adequate representation from all of the areas of expertise listed in this subsection.
(c) The following individuals may not serve on the Board:
(1) An individual who receives or has received Medicaid payments during the six months prior to serving on the Board for providing health care or services to enrollees of the North Carolina Medicaid or NC Health Choice programs.
(2) An individual who is or has been during the six months prior to serving on the Board a registered lobbyist for a provider, or association of providers, receiving payments from the North Carolina Medicaid or NC Health Choice programs, or an employee of such a lobbyist.
(3) An individual who has, within six months of appointment, been an officer or employee of the State.
As used in this subsection, the term "provider" includes any parent, subsidiary, or affiliated legal entity, and the term "provider" has the same meaning as defined under G.S. 108C‑2.
(d) Board members appointed under subdivision (1) through (3) of subsection (a) of this section shall serve for a term of four years. The Governor shall have the power to remove any member of the Board from office for misfeasance, malfeasance, or nonfeasance in accordance with the provisions of G.S. 143B‑13 of the Executive Organization Act of 1973. Appointing authorities shall fill any vacancies that arise to complete the term of the vacating Board member.
(e) In making the initial appointments, the appointing authorities shall, in order to stagger terms, designate one person appointed under subdivision (1) of subsection (a) of this section, one person appointed under subdivision (2) of subsection (a) of this section, and one person appointed under subdivision (3) of subsection (a) of this section to serve until June 30, 2017. The remaining four appointees shall serve until June 30, 2019. Future appointees shall serve terms of four years, with staggered terms based on this section. Board members may serve up to two consecutive terms, not including the abbreviated two‑year terms that establish staggered terms or terms of less than two years that result from the filling of a vacancy.
(f) The Governor shall designate a chair of the Board from among the appointed voting members of the Board. The Board member designated as the chair shall serve as a chair at the pleasure of the Governor. The chair shall serve on the Governor's Cabinet. If the Governor does not appoint a chair, the Board may select a chair from among its voting members. The Board‑selected chair shall serve in that capacity until such time as the Governor appoints a chair.
(g) The Board shall meet at least monthly until August 1, 2017, and at least quarterly thereafter. The Board may also meet at the call of the chair or at the request of a majority of the voting Board members. A majority of the voting Board members constitutes a quorum for conducting business.
(h) The voting members of the Board are State officers and not State employees. No voting member may serve on the Board while employed as a State employee.
(i) The voting members of the Board shall be compensated in an amount sufficient to obtain quality professionals with experience managing large businesses, insurance programs, and health systems. The initial compensation for voting Board members shall be established by the Office of State Human Resources no later than October 1, 2015. Thereafter, the compensation of voting Board members shall be set by the Board under G.S. 143B‑1410(3) and shall be comparable to compensation paid to the members of boards operating large health insurance plans but shall not exceed the highest compensation paid to a member of the Council of State. When adjusting members' compensation, the Board shall provide a justification to the Office of State Human Resources based upon a survey of comparable health insurance plans.
"§ 143B‑1410. Powers and duties of the Board of the Health Benefits Authority.
(a) The Board of the Health Benefits Authority shall have the following powers and duties:
(1) Administer and operate the Medicaid and NC Health Choice programs. None of the powers and duties enumerated in the other subdivisions of this subsection shall be construed to limit the broad grant of authority to administer and operate the Medicaid and NC Health Choice programs.
(2) Employ the Medicaid Director, who shall be responsible for the daily operation of the Authority, and other staff, including legal staff. In hiring staff, the Board may offer employment contracts for a term.
(3) Set compensation for the employees, including performance‑based bonuses based on meeting budget or other targets, and for the voting Board members.
(4) Procure office space for the Authority.
(5) Notwithstanding G.S. 143‑64.20, enter into contracts for the administration of the Medicaid and NC Health Choice programs, as well as manage such contracts, including contracts of a consulting or advisory nature.
(6) Employ or contract for independent internal auditing staff that report directly to the Board rather than to the Medicaid Director. Notwithstanding subsection (b) of this section, this function may not be delegated.
(7) Pursuant to G.S. 108A‑1, supervise the county departments of social services in their administration of eligibility determinations. Pursuant to subdivision (5) of this subsection, the Board may contract with the Department of Health and Human Services or any other appropriate party to perform this task or a portion of this task.
(8) Define and approve the following for the Authority and the programs managed by the Authority:
a. Business policy.
b. Strategic plans, including desired health outcomes for the covered populations, which shall do the following:
1. Be developed at a frequency of no less than every five years with the input of stakeholders.
2. Identify key opportunities and challenges facing the organization.
3. Identify the Authority's strengths and weaknesses to address these opportunities and challenges.
4. Identify key goals for the Authority for this time period, consistent with the reform goals identified by the General Assembly.
5. Identify output and outcome performance measures to quantify the Authority's progress toward these goals.
6. Identify strategies to reach these goals.
7. Be used as a guide for units within the Authority to establish unit‑specific operational plans at the same frequency.
c. Performance management system, including quantitative indicators for goals and objectives, which shall do the following:
1. Be developed and implemented within the first year of the creation of the Authority, and updated no less than annually thereafter with available data.
2. Establish quantitative performance measures focusing on the quality and efficiency of service delivery and administration, using a nationally recognized quality improvement effort allowing comparison of North Carolina to other states as those developed by, but not limited to, the federal Medicaid Quality Measurement Program and the Baldridge Quality Program.
3. Establish measurable objectives for each goal identified in the strategic plan, and performance updated annually.
4. Establish, for each objective, benchmark activities, including an estimated date of completion, the area for which efforts are attempting a change, a quantitative indicator of success for the area, and quarterly milestones allowing Authority managers and employees to monitor progress throughout the year.
5. Establish mechanisms for obtaining data necessary for the collection and public distribution of performance information.
d. Program and policy changes.
e. Operational budget and assumptions.
(9) Establish and adjust all program components, except for eligibility, of the Medicaid and NC Health Choice programs within the appropriated and allocated budget.
(10) Adopt rules related to the Medicaid and NC Health Choice programs.
(11) Develop midyear budget correction plans and strategies and then take midyear budget corrective actions necessary to keep the Medicaid and NC Health Choice programs within budget.
(12) Approve or disapprove and oversee all expenditures to be charged to or allocated to the Medicaid and NC Health Choice programs by other State departments or agencies.
(13) Develop and present to the Joint Legislative Oversight Committee on the Health Benefits Authority and the Office of State Budget and Management by January 1 of each year, beginning in 2016, the following information for the Medicaid and NC Health Choice programs:
a. A detailed four‑year forecast of expected changes to enrollment growth and enrollment mix.
b. What program changes will be made by the Authority in order to stay within the existing budget for the programs based on the next fiscal year's forecasted enrollment growth and enrollment mix.
c. The cost to maintain the current level of services based on the next fiscal year's forecasted enrollment growth and enrollment mix.
(14) Secure and pay for the services of the State Auditor's Office to conduct annual audits of the financial accounts of the Authority.
(15) Publish the Annual Medicaid Report, which shall contain, at a minimum, the following:
a. Details on the Authority's performance over the prior four years on the following:
1. The identified quantitative measures from its strategic plan and performance management system.
2. A comparison of the identified quantitative measures from its strategic plan and performance management system and other states participating in the quality improvement effort.
b. Annual audited financial statements.
(16) Publish in an electronic format, and update on at least a monthly basis, at least the following information about the Medicaid and NC Health Choice programs:
a. Enrollment by program aid category by county.
b. Per member per month spending by category of service.
c. Spending and receipts by fund along with a detailed variance analysis.
d. A comparison of the above figures to the amounts forecasted and budgeted for the corresponding time period.
(b) The Board may delegate any of its powers and duties to the Medicaid Director and other staff of the Authority and, upon adoption of an annual budget, shall delegate to the Medicaid Director its powers and duties pursuant to sub‑subdivisions d. and e. of subdivision (8) of subsection (a) of this section. In delegating powers or duties, however, the Board maintains the responsibility for the performance of those powers or duties.
(c) Pursuant to G.S. 108E‑2‑1, the General Assembly retains the authority to determine the eligibility categories and income thresholds for the Medicaid and NC Health Choice programs.
"§ 143B‑1415. Variations from certain State laws.
Although generally subject to the laws of this State, the following exemptions, limitations, and modifications apply to the Health Benefits Authority, notwithstanding any other provision of law:
(1) Employees of the Authority shall not be subject to the North Carolina Human Resources Act, except as provided in G.S. 126‑5(c1)(31).
(2) The Authority may retain private legal counsel and is not subject to G.S. 114‑2.3 or G.S. 147‑17(a) through (c).
(3) The Authority's employment contracts offered pursuant to G.S. 143B‑1410(a)(2) are not subject to review and approval by the Office of State Human Resources. The Authority's employment of supplementary staff for temporary work is not subject to review and approval by the Office of State Human Resources including the requirements of G.S. 126‑6.3.
(4) If the Authority establishes alternative procedures for the review and approval of contracts, then the Authority is exempt from State contract review and approval requirements, but may still choose to utilize the State contract review and approval procedures for particular contracts.
(5) The Board of the Authority may move into a closed session for any of the reasons listed in G.S. 143‑318.11, as well as for discussions on the following:
a. Rates, contract amounts, or any other amounts to be paid to any entity, including the amount of any transfers to any other State agency or Division.
b. Audits and investigations.
c. Development of the annual budget forecast report for the General Assembly, as required by G.S. 143B‑1410(a)(14).
d. Development of a strategic plan.
e. Any report to be submitted to the General Assembly.
(6) Documents created for, or developed during, a closed session of the Board for one of the reasons specifically listed in the sub‑subdivisions of subdivision (5) of this section, as well as any minutes from such a closed session of the Board, that would otherwise become public record by operation of Chapter 132 of the General Statutes, shall not become public record until the item under discussion has been made public through the publishing of the relevant rate or amount, findings from an audit or investigation, the annual budget forecast report, the strategic plan, or a report to the General Assembly.
"§ 143B‑216.1420. Cooling off period for certain Health Benefits Authority employees.
(a) Ineligible Vendors. – The Board shall not contract for goods or services with a vendor that employs or contracts with a person who is a former State Medicaid or NC Health Choice employee and uses that person in the administration of a contract with the Authority.
(b) Vendor Certification. – The Medicaid Director shall require each vendor submitting a bid or contract to certify that the vendor will not use a former Medicaid or NC Health Choice employee in the administration of a contract with the Authority in violation of the provisions of subsection (a) of this section. Any person who submits a certification required by this subsection knowing the certification to be false shall be guilty of a Class I felony.
(c) A violation of the provisions of this section shall void the contract.
(d) Definitions. – As used in this section, the following terms mean:
(1) Administration of a contract. – Oversight of the performance of a contract, authority to make decisions regarding a contract, interpretation of a contract, or participation in the development of specifications or terms of a contract or in the preparation or award of a contract.
(2) Former Medicaid or NC Health Choice employee. – A person who, for any period within the preceding six months, was employed as an employee or contract employee of the Authority, who in the six months immediately preceding termination of State employment, participated personally in either the award or management of an Authority contract with the vendor, or made regulatory or licensing decisions that directly applied to the vendor.
"§ 143B‑216.1425. Medicaid Reserve Account.
(a) The Medicaid Reserve Account is established as a nonreverting reserve in the General Fund. The purpose of the Medicaid Reserve Account is to provide for unexpected budgetary shortfalls within the Medicaid and NC Health Choice programs that result from program expenditures in excess of the amount appropriated for the Medicaid and NC Health Choice programs by the General Assembly and which continue to exist after the Health Benefits Authority makes its best efforts to control costs through midyear budget corrections under G.S. 143B‑1410(a)(12).
(b) The Medicaid Reserve Account shall have the following minimum and maximum target balances:
(1) Minimum target. – Five percent (5%) of a given fiscal year's General Fund appropriations for capitation payments for both the Medicaid and NC Health Choice programs.
(2) Maximum target. – Twelve percent (12%) of a given fiscal year's General Fund appropriations for capitation payments for both the Medicaid and NC Health Choice programs.
(c) Notwithstanding G.S. 143C‑1‑2(b), any funds appropriated to the Health Benefits Authority for the Medicaid or NC Health Choice programs and that remain unencumbered at the end of a fiscal year shall, rather than revert to the General Fund, be credited to the Medicaid Reserve Account. Any funds to be deposited in the Medicaid Reserve Account that would cause the fund balance to exceed the maximum target balance for the Medicaid Reserve Account shall instead be credited to the General Fund.
(d) Medicaid Reserve Account funds may be disbursed by the Health Benefits Authority to manage budgetary shortfalls in the Medicaid and NC Health Choice programs only after all of the following occur:
(1) The Board of the Health Benefits Authority certifies that there is a projected Medicaid shortfall in the current fiscal year.
(2) The Health Benefits Authority has already made midyear budget corrections under G.S. 143B‑1410(a)(12), but those midyear budget corrections have not achieved the projected budget savings.
(3) The Health Benefits Authority reports to the Joint Legislative Commission on Governmental Operations on its intent to disburse Medicaid Reserve Account funds. The report shall include a detailed analysis of receipts, payments, claims, and transfers, including an identification of and explanation of the recurring and nonrecurring components of the shortfall.
Medicaid Reserve Account funds may be disbursed in accordance with this subsection even if it results in the fund balance falling below the minimum target balance for the Medicaid Reserve Account."
SECTION 12H.24.(i) Board Start‑Up. – The following activities shall facilitate the timely commencement of the Health Benefits Authority:
(1) The Board of the Health Benefits Authority may meet prior to October 1, 2015, in order to begin organizing and preparing to govern the Medicaid and NC Health Choice programs. The Board may begin meeting as soon as a majority of the appointments have been made and upon the call of the chair; however, the initial meeting shall be no later than September 1, 2015. The Division of Medical Assistance shall provide administrative support and meeting space to the Board prior to November 1, 2015.
(2) If the Governor does not make initial appointments to the Board by September 1, 2015, the Board members who have been appointed may select a chair from among the appointed members and may conduct the business of the Authority. Actions taken by the Board under this subdivision shall be official actions of the Board, provided a majority of the appointed Board members are present and approve the action.
(3) In order to set the initial compensation for the voting Board members, the Office of State Human Resources shall survey the compensation paid to the members of comparable large health insurance plans. The Office shall complete the survey no later than September 1, 2015, and set the initial compensation for voting Board members no later than October 1, 2015. A voting Board member shall be eligible to receive compensation beginning on the first business day following the effective date of the member's appointment.
SECTION 12H.24.(j) Transfer of Rules. – Effective October 1, 2015, all rules and policies exempted from rule making related to the Medicaid and NC Health Choice programs shall transfer to the Health Benefits Authority. In its March 1, 2016, report to the Joint Legislative Oversight Committee on the Health Benefits Authority, the Health Benefits Authority shall include recommendations for additional exemptions from the rule‑making requirements and contested case provisions in Chapter 150B of the General Statutes.
SECTION 12H.24.(k) Legal Actions. – For any legal action involving the Medicaid or NC Health Choice programs in which the Division of Medical Assistance or the Department of Health and Human Services is named as a party, the Health Benefits Authority may be joined as a party by reason of transfer of interest upon motion of any party pursuant to Rule 25(d) of the North Carolina Rules of Civil Procedure. This subsection shall not be construed to limit any other opportunities for joinder or intervention that are otherwise allowed under the North Carolina Rules of Civil Procedure or elsewhere under law.
SECTION 12H.24.(k1) The Commissioner of Insurance shall establish solvency requirements for MCOs and PLEs that contract with the Health Benefits Authority pursuant to this section. The same requirements shall apply to and may be based on existing requirements for similarly situated regulated entities. The Commissioner shall consult with the Authority in developing the requirements. The Commissioner shall make recommendations, including any statutory changes, to the Joint Legislative Oversight Committee on the Health Benefits Authority by March 1, 2016.
SECTION 12H.24.(l) Legislative Oversight of Medicaid. – Chapter 120 of the General Statutes is amended by adding the following new Article:
"Article 23B.
"Joint Legislative Oversight Committee on the Health Benefits Authority.
"§ 120‑209. Creation and membership of Joint Legislative Oversight Committee on the Health Benefits Authority.
(a) The Joint Legislative Oversight Committee on the Health Benefits Authority is established. The Committee consists of 14 members as follows:
(1) Seven members of the Senate appointed by the President Pro Tempore of the Senate, at least two of whom are members of the minority party.
(2) Seven members of the House of Representatives appointed by the Speaker of the House of Representatives, at least two of whom are members of the minority party.
(b) Terms on the Committee are for two years and begin on the convening of the General Assembly in each odd‑numbered year except initial appointments begin on the date of appointment. Members may complete a term of service on the Committee even if they do not seek reelection or are not reelected to the General Assembly, but resignation or removal from service in the General Assembly constitutes resignation or removal from service on the Committee.
(c) A member continues to serve until a successor is appointed. A vacancy shall be filled within 30 days by the officer who made the original appointment.
"§ 120‑209.1. Purpose and powers of Committee.
(a) The Joint Legislative Oversight Committee on the Health Benefits Authority shall examine budgeting, financing, administrative, and operational issues related to the Medicaid and NC Health Choice programs and to the Health Benefits Authority.
(b) The Committee may make periodic reports to the General Assembly on matters for which it may report to a regular session of the General Assembly.
"§ 120‑209.2. Organization of Committee.
(a) The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each designate a cochair of the Joint Legislative Oversight Committee on the Health Benefits Authority. The Committee shall meet upon the joint call of the cochairs.
(b) A quorum of the Committee is eight members. No action may be taken except by a majority vote at a meeting at which a quorum is present.
(c) Members of the Committee receive subsistence and travel expenses, as provided in G.S. 120‑3.1. The Committee may contract for consultants or hire employees in accordance with G.S. 120‑32.02. The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Committee in its work. Upon the direction of the Legislative Services Commission, the Directors of Legislative Assistants of the Senate and of the House of Representatives shall assign clerical staff to the Committee. The expenses for clerical employees shall be borne by the Committee.
(d) The Committee cochairs may establish subcommittees for the purpose of examining issues relating to its Committee charge.
"§ 120‑209.3. Additional powers.
The Joint Legislative Oversight Committee on the Health Benefits Authority, while in discharge of official duties, shall have access to any paper or document, and may compel the attendance of any State official or employee before the Committee or secure any evidence under G.S. 120‑19. In addition, G.S. 120‑19.1 through G.S. 120‑19.4 shall apply to the proceedings of the Committee as if it were a joint committee of the General Assembly.
"§ 120‑209.4. Reports to Committee.
Whenever the Health Benefits Authority is required by law to report to the General Assembly or to any of its permanent, study, or oversight committees or subcommittees, the Health Benefits Authority shall transmit a copy of the report to the cochairs of the Joint Legislative Oversight Committee on the Health Benefits Authority."
SECTION 12H.24.(m) G.S. 120‑208.1(a)(2)b. is repealed.
SECTION 12H.24.(n) Recodification; Technical and Conforming Changes. – The Revisor of Statutes shall recodify existing law related to Medicaid and NC Health Choice, including Parts 6, 6A, 7, and 8 of Article 2, Article 5, and Article 7 of Chapter 108A of the General Statutes, as well as Chapters 108C and 108D of the General Statutes, into a new Chapter 108E of the General Statutes to be entitled "Medicaid and NC Health Choice Health Benefit Programs" and to have the following structure:
Article 1. Administration of the Medicaid and NC Health Choice Programs
Part 1. Establishment of the Medicaid Program
Part 2. Establishment of the NC Health Choice Program
Part 3. Administration by County Departments of Social Services
Article 2. Medicaid and NC Health Choice Eligibility
Part 1. In General
Part 2. Eligibility for Medicaid
Part 3. Eligibility for NC Health Choice
Article 3. Medicaid and NC Health Choice Benefits and Cost‑Sharing
Part 1. In General
Part 2. Medicaid Benefits and Cost‑Sharing
Part 3. NC Health Choice Benefits and Cost‑Sharing
Article 4. Medicaid and NC Health Choice Provider Requirements
Part 1. Provider Enrollment
Part 2. Provider Reimbursement and Recovery
Part 3. Hospital Assessment Act
Part 4. Other
Article 5. Third‑Party Liability
Part 1. In General
Part 2. Subrogation
Part 3. Insurance
Part 4. Estate Recovery
Article 6. Fraud and Criminal Activity
Article 7. Appeals
Part 1. Eligibility Appeals for Medicaid and NC Health Choice
Part 2. Benefit Appeals for Medicaid
Subpart 1. Generally
Subpart 2. Medicaid Managed Care for Behavioral Health Services Appeals
Part 3. Benefit Reviews for NC Health Choice
Part 4. Provider Appeals
When recodifying, the Revisor is authorized to change all references to the North Carolina Department of Health and Human Services or to the Division of Medical Assistance to instead be references to the Health Benefits Authority. The Revisor may separate subsections of existing statutory sections into new sections and, when necessary to organize relevant law into its proper place in the above structure, may rearrange sentences that currently appear within subsections. The Revisor may modify statutory citations throughout the General Statutes, as appropriate, and may modify any references to statutory Divisions, such as "Chapter," "Article," "Part," "section," or "subsection." Within Articles 4 and 5 of Chapter 108A of the General Statutes, the Revisor of Statutes shall append to each reference to the North Carolina Department of Health and Human Services or to the Secretary of the Department the language "and, with respect to Medicaid and NC Health Choice, the Health Benefits Authority." The Revisor of Statutes may conform names and titles changed by this subsection, and may correct statutory references as required by this subsection, throughout the General Statutes. In making the changes authorized by this subsection, the Revisor may also adjust subject and verb agreement and the placement of conjunctions. The Revisor shall consult with the Department of Health and Human Services and the new Health Benefits Authority on this recodification.
SECTION 12H.24.(o) G.S. 108A‑1 reads as rewritten:
"§ 108A‑1. Creation.
Every county shall have a board of social services or a
consolidated human services board created pursuant to G.S. 153A‑77(b)
which shall establish county policies for the programs established by this
Chapter in conformity with the rules and regulations of the Social Services
Commission and under the supervision of the Department of Health and Human
Services. Provided, however, county policies for the program of medical
assistance shall be established in conformity with the rules and regulations of
the Department of Health and Human Services Health Benefits Authority."
SECTION 12H.24.(p) G.S. 108A‑54.1A reads as rewritten:
"§ 108A‑54.1A. Amendments to Medicaid State Plan and Medicaid Waivers.
(a) No provision in the Medicaid State Plan or in a
Medicaid Waiver may expand or otherwise alter the scope or purpose of the
Medicaid program from that authorized by law enacted by the General Assembly.
For purposes of this section, the term "amendments to the State Plan"
includes State Plan amendments, Waivers, and Waiver amendments.The
Authority is expressly authorized and required to take any and all necessary
action to amend the State Plan and waivers in order to keep the program within
the certified budget.
(b) The Department may submit amendments to
the State Plan only as required under any of the following circumstances:
(1) A law enacted by the General Assembly
directs the Department to submit an amendment to the State Plan.
(2) A law enacted by the General Assembly
makes a change to the Medicaid Program that requires approval by the federal
government.
(3) A change in federal law, including
regulatory law, or a change in the interpretation of federal law by the federal
government requires an amendment to the State Plan.
(4) A change made by the Department to the
Medicaid Program requires an amendment to the State Plan, if the change was
within the authority granted to the Department by State law.
(5) An amendment to the State Plan is
required in response to an order of a court of competent jurisdiction.
(6) An amendment to the State Plan is
required to ensure continued federal financial participation.
(c) Amendments to the State Plan submitted
to the federal government for approval shall contain only those changes that
are allowed by the authority for submitting an amendment to the State Plan in
subsection (b) of this section.
(d) No fewer than 10 days prior to submitting an
amendment to the State Plan to the federal government, the Department shall
post the amendment on its Web site and notify the members of the Joint
Legislative Oversight Committee on the Health Benefits Authority and the Fiscal
Research Division that the amendment has been posted. This requirement shall
not apply to draft or proposed amendments submitted to the federal government
for comments but not submitted for approval. The amendment shall remain
posted on the Department's Web site at least until the plan has been approved,
rejected, or withdrawn. If the authority for submitting the amendment to the
State Plan is pursuant to subdivision (3), (4), (5), or (6) of subsection (b)
of this section, then, prior to submitting an amendment to the federal
government, the Department shall submit to the General Assembly members
receiving notice under this subsection and to the Fiscal Research Division an
explanation of the amendment, the need for the amendment, and the federal time
limits required for implementation of the amendment.
(e) The Department shall submit an amendment
to the State Plan to the federal government by a date sufficient to provide the
federal government adequate time to review and approve the amendment so the
amendment may be effective by the date required by the directing authority in
subsection (b) of this section. Additionally, if a change is made to the
Medicaid program by the General Assembly and that change requires an amendment
to the State Plan, then the amendment shall be submitted at least 90 days prior
to the effective date of the change as provided in the legislation.
(f) Any public notice required under 42 C.F.R. 447.205 shall, in addition to any other posting requirements under federal law, be posted on the Department's Web site. Upon posting such a public notice, the Department shall notify the members of the Joint Legislative Oversight Committee on the Health Benefits Authority and the Fiscal Research Division that the public notice has been posted. Public notices shall remain posted on the Department's Web site."
SECTION 12H.24.(q) G.S. 108A‑54.2(d) is repealed.
SECTION 12H.24.(r) Part 1 of Article 2 of Chapter 108E of the General Statutes, created by the recodification process described in subsection (n) of this section, shall include the following two new sections:
"§ 108E‑2‑1. General Assembly sets eligibility categories.
Eligibility categories and income thresholds are set by the General Assembly, and the Authority shall not alter the eligibility categories and income thresholds from those authorized by the General Assembly. The Authority is expressly authorized to adopt temporary and permanent rules regarding eligibility requirements and determinations, to the extent that they do not conflict with parameters set by the General Assembly.
"§ 108E‑2‑2. Counties determine eligibility.
Counties determine eligibility in accordance with Chapter 108A of the General Statutes."
SECTION 12H.24.(s) G.S. 126‑5 is amended by adding a new subdivision to read:
"§ 126‑5. Employees subject to Chapter; exemptions.
…
(c1) Except as to the provisions of Articles 6 and 7 of this Chapter, the provisions of this Chapter shall not apply to:
…
(31) Employees of the Health Benefits Authority."
SECTION 12H.24.(t) G.S. 143B‑153 reads as rewritten:
"§ 143B‑153. Social Services Commission – creation, powers and duties.
There is hereby created the Social Services Commission of the
Department of Health and Human Services with the power and duty to adopt rules
and regulations to be followed in the conduct of the State's social service
programs with the power and duty to adopt, amend, and rescind rules and
regulations under and not inconsistent with the laws of the State necessary to
carry out the provisions and purposes of this Article. Provided, however, the Department
of Health and Human ServicesHealth Benefits Authority shall have the
power and duty to adopt rules and regulations to be followed in the conduct of
the State's medical assistance program.
…."
SECTION 12H.24.(u) G.S. 150B‑1 reads as rewritten:
"§ 150B‑1. Policy and scope.
…
(d) Exemptions from Rule Making. – Article 2A of this Chapter does not apply to the following:
…
(9) The Department of Health and Human Services Health
Benefits Authority in adopting new or amending existing medical coverage
policies for the State Medicaid and NC Health Choice programs pursuant to G.S. 108A‑54.2.
…
(20) The Department of Health and Human Services Health
Benefits Authority in implementing, operating, or overseeing new
1915(b)/(c) Medicaid Waiver programs or amendments to existing 1915(b)/(c)
Medicaid Waiver programs.
…
(22) The Department of Health and Human Services Health
Benefits Authority with respect to the content of State Plans, State Plan
Amendments, and Waivers approved by the Centers for Medicare and Medicaid
Services (CMS) for the North Carolina Medicaid Program and the NC Health Choice
program.
…
(e) Exemptions From Contested Case Provisions. – The contested case provisions of this Chapter apply to all agencies and all proceedings not expressly exempted from the Chapter. The contested case provisions of this Chapter do not apply to the following:
…
(17) The Department of Health and Human Services Health
Benefits Authority with respect to the review of North Carolina Health
Choice Program determinations regarding delay, denial, reduction, suspension,
or termination of health services, in whole or in part, including a
determination about the type or level of services.
…."
SECTION 12H.24.(v) Appropriation. – Of the funds appropriated from the General Fund to the Department of Health and Human Services, Division of Medical Assistance, the sum of five million dollars ($5,000,000) in recurring funds for the 2015‑2016 and the 2016‑2017 fiscal years shall be used to accomplish the Medicaid transformation required by this section. These funds shall provide a State match for an estimated five million dollars ($5,000,000) in federal funds beginning in the 2015‑2016 fiscal year. Upon request of the Board, but no later than October 1, 2015, the Department shall transfer these funds to the Health Benefits Authority to be used for Medicaid transformation.
SECTION 12H.24.(w) Medicaid Transformation Reserve Fund. – The Medicaid Transformation Reserve Fund is established in the Office of State Budget and Management as a nonreverting reserve in the General Fund. The purpose of the Medicaid Transformation Reserve Fund is to provide funds for converting from a fee‑for‑services payment system to a capitated payment system. Funds reserved in the Medicaid Transformation Reserve Fund shall be available only upon an appropriation by act of the General Assembly and do not constitute an "appropriation made by law," as that phrase is used in Section 7(1) of Article V of the North Carolina Constitution. The sum of one hundred eighty‑five million six hundred four thousand six hundred fifty‑three dollars ($185,604,653) in nonrecurring funds for fiscal year 2015‑2016 and the sum of one hundred eighty‑five million six hundred four thousand six hundred fifty‑three dollars ($185,604,653) in nonrecurring funds for fiscal year 2016‑2017 are hereby reserved in the Medicaid Transformation Reserve Fund.
SECTION 12H.24.(x) Effective Date. – Subsections (n) through (u) of this section become effective October 1, 2015. The remainder of this section is effective when this act becomes law.
Increase Rates to Primary Care Physicians and Discontinue Primary Care Case Management
SECTION 12H.25.(a) Effective January 1, 2016, the current Medicaid and Health Choice primary care case management (PCCM) program is discontinued. The Department of Health and Human Services shall not renew or extend the contract for PCCM services with North Carolina Community Care Networks, Inc. (NCCCN), beyond December 31, 2015.
SECTION 12H.25.(b) The Department of Health and Human Services shall take all actions necessary to discontinue the current Medicaid and Health Choice PCCM program as implemented by NCCCN. As soon as reasonably possible, but no later than October 1, 2015, the Department shall submit to the Centers for Medicare and Medicaid Services (CMS) a Medicaid State plan amendment eliminating the PCCM program. If CMS has not approved the State plan amendment by January 1, 2016, the Department of Health and Human Services nevertheless shall discontinue all payments related to the PCCM program beginning January 1, 2016, unless and until CMS denies the State plan amendment.
SECTION 12H.25.(c) This section shall not be construed to prohibit the Department of Health and Human Services from developing or utilizing contracts for managed care other than PCCM after January 1, 2016.
SECTION 12H.25.(d) Effective January 1, 2016, G.S. 108A‑70.21(b) reads as rewritten:
"(b) Benefits. – All health benefits changes of the Program shall meet the coverage requirements set forth in this subsection. Except as otherwise provided for eligibility, fees, deductibles, copayments, and other cost sharing charges, health benefits coverage provided to children eligible under the Program shall be equivalent to coverage provided for dependents under North Carolina Medicaid Program except for the following:
…
No benefits are to be provided for services and materials under this subsection that do not meet the standards accepted by the American Dental Association.
The Department shall provide services to children enrolled
in the NC Health Choice Program through Community Care of North Carolina (CCNC)
and shall pay Community Care of North Carolina providers the per member, per
month fees as allowed under Medicaid."
SECTION 12H.25.(e) Effective January 1, 2016, the rates paid to primary care physicians shall be one hundred percent (100%) of Medicare rates. For purposes of this section, the term primary care physicians refers to those physicians for whom the Affordable Care Act required payment at one hundred percent (100%) of the Medicare rate until January 1, 2015, and all OB/GYN physicians.
SECTION 12H.25.(f) Upon the discontinuation of the PCCM program, of the funds previously used for the NCCCN contract, the Department shall use six million four hundred seventy‑five thousand dollars ($6,475,000) in fiscal year 2015‑2016 and twelve million nine hundred fifty thousand dollars ($12,950,000) in fiscal year 2016‑2017 to directly fund local health departments' continued services related to the Care Coordination for Children (CC4C) program, which was previously funded through the contract with NCCCN.
NC Health Choice Cost Settlement
SECTION 12H.26. Effective July 1, 2015, hospital outpatient services covered by NC Health Choice shall be cost settled at seventy percent (70%) of allowable costs, using the same methodology that is used for Medicaid.
Blood Glucose Testing Equipment and Supplies
SECTION 12H.27.(a) Notwithstanding any other provision of law, the Department of Health and Human Services, Division of Medical Assistance, (Department) is authorized to use any reimbursement methodology or arrangement to provide Medicaid coverage for blood glucose testing equipment and supplies, provided that the Department's total requirements, net of rebates, for providing blood glucose testing equipment and supplies does not exceed one million nine hundred thirty‑three thousand three hundred fifty‑seven dollars ($1,933,357) in fiscal year 2015‑2016 and two million twenty thousand nine hundred seventy‑four dollars ($2,020,974) in fiscal year 2016‑2017.
SECTION 12H.27.(b) Any state plan amendment submitted to implement this section shall not be subject to the 90‑day prior submission requirement of G.S. 108A‑54.1A(e).
Medicaid Contingency Reserve
SECTION 12H.28.(a) Funds in the Medicaid Contingency Reserve established by Section 12H.38 of S.L. 2014‑100 shall be used only for budget shortfalls in the Medicaid Program that occur during the 2015‑2016 fiscal year. These funds shall be available for expenditure only upon an appropriation by act of the General Assembly.
SECTION 12H.28.(b) It is the intent of the General Assembly to appropriate funds from the Medicaid Contingency Reserve only if:
(1) The Director of the Budget, after the State Controller has verified that receipts are being used appropriately, has found that additional funds are needed to cover a shortfall in the Medicaid budget for the State fiscal year.
(2) The Department of Health and Human Services or the Health Benefits Authority created in Section 12H.24 of this act has submitted a State plan amendment to the Centers for Medicare and Medicaid Services to delink eligibility for Medicaid from eligibility for State‑County Special Assistance, to be effective 90 days after the date of submission of the State plan amendment. At least 45 days prior to submitting that State plan amendment, the Department of Health and Human Services or the Health Benefits Authority must have submitted a draft of that plan to the Joint Legislative Oversight Committee on the Health Benefits Authority and, if the General Assembly was not in session, must have consulted with the Committee on that draft.
(3) The Director of the Budget has reported immediately to the Fiscal Research Division on the amount of the shortfall found in accordance with subdivision (1) of this subsection. This report shall include an analysis of the causes of the shortfall, such as (i) unanticipated enrollment and mix of enrollment, (ii) unanticipated growth or utilization within particular service areas, (iii) errors in the data or analysis used to project the Medicaid budget, (iv) the failure of the program to achieve budgeted savings, (v) other factors and market trends that have impacted the price of or spending for services, (vi) variations in receipts from prior years or from assumptions used to prepare the Medicaid budget for the current fiscal year, or (vii) other factors. The report shall also include data in an electronic format that is adequate for the Fiscal Research Division to confirm the amount of the shortfall and its causes.
SECTION 12H.28.(c) Effective 90 days after the State plan amendment is submitted to the Centers for Medicare and Medicaid Services (CMS) or when CMS approves the State plan amendment, whichever occurs later, eligibility for Medicaid coverage is delinked from eligibility for State‑County Special Assistance and recipients of State‑County Special Assistance no longer automatically qualify for Medicaid coverage solely because of their receipt of State‑County Special Assistance.
SECTION 12H.28.(d) Nothing in this section shall be construed to limit the authority of the Governor to carry out his duties under the Constitution.
SUBPART XII‑I. DHHS BLOCK GRANTS
SECTION 12I.1.(a) Except as otherwise provided, appropriations from federal block grant funds are made for each year of the fiscal biennium ending June 30, 2017, according to the following schedule:
TEMPORARY ASSISTANCE FOR NEEDY FY 2015‑2016 FY 2016‑2017
FAMILIES (TANF) FUNDS
Local Program Expenditures
Division of Social Services
01. Work First Family Assistance $57,167,454 $57,167,454
02. Work First County Block Grants 80,093,566 78,073,437
03. Work First Electing Counties 2,378,213 2,378,213
04. Adoption Services – Special Children
Adoption Fund 2,026,877 2,026,877
05. Child Protective Services – Child Welfare
Workers for Local DSS 9,412,391 9,412,391
06. Child Welfare Collaborative 632,416 632,416
Division of Child Development and Early Education
07. Subsidized Child Care Program 35,248,910 37,419,801
08. Swap Child Care Subsidy 6,352,644 6,352,644
09. Pre‑K Swap Out 16,829,306 12,333,981
Division of Public Health
10. Teen Pregnancy Prevention Initiatives 2,950,000 2,950,000
DHHS Administration
11. Division of Social Services 2,482,260 2,482,260
12. Office of the Secretary 34,042 34,042
13. Eligibility Systems – Operations and
Maintenance 2,738,926 4,206,640
14. NC FAST Implementation 1,313,384 1,865,799
Transfers to Other Block Grants
Division of Child Development and Early Education
15. Transfer to the Child Care and
Development Fund 71,773,001 71,773,001
Division of Social Services
16. Transfer to Social Services Block
Grant for Child Protective Services –
Training 1,300,000 1,300,000
17. Transfer to Social Services Block
Grant for Child Protective Services 5,040,000 5,040,000
18. Transfer to Social Services Block
Grant for County Departments of
Social Services for Children's Services 4,148,001 4,148,001
19. Transfer to Social Services Block
Grant – Foster Care Services 1,385,152 1,385,152
TOTAL TEMPORARY ASSISTANCE FOR
NEEDY FAMILIES (TANF) FUNDS $303,306,543 $300,982,109
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
EMERGENCY CONTINGENCY FUNDS
Local Program Expenditures
Division of Child Development and Early Education
01. Subsidized Child Care 29,033,340 28,600,000
02. Subsidized Child Care Swap Out 4,547,023 0
TOTAL TEMPORARY ASSISTANCE FOR
NEEDY FAMILIES (TANF) EMERGENCY
CONTINGENCY FUNDS $33,580,363 $28,600,000
SOCIAL SERVICES BLOCK GRANT
Local Program Expenditures
Divisions of Social Services and Aging and Adult Services
01. County Departments of Social Services
(Transfer From TANF $4,148,001) $27,427,015 $27,165,668
02. Child Protective Services
(Transfer From TANF) 5,040,000 5,040,000
03. State In‑Home Services Fund 2,382,970 1,943,950
04. Adult Protective Services 1,245,363 1,245,363
05. State Adult Day Care Fund 1,994,084 1,994,084
06. Child Protective Services/CPS
Investigative Services – Child Medical
Evaluation Program 563,868 563,868
07. Special Children Adoption Incentive Fund 462,600 462,600
08. Child Protective Services – Child
Welfare Training for Counties
(Transfer From TANF) 1,300,000 1,300,000
09. Home and Community Care Block
Grant (HCCBG) 1,696,888 1,696,888
10. Child Advocacy Centers 375,000 375,000
11. Guardianship 3,978,360 3,978,360
12. Foster Care Services
(Transfer From TANF) 1,385,152 1,385,152
Division of Central Management and Support
13. DHHS Competitive Block Grants
for Nonprofits 3,852,500 3,852,500
14. NC FAST – Operations and
Maintenance 712,324 939,315
Division of Mental Health, Developmental Disabilities, and Substance Abuse Services
15. Mental Health Services – Adult and
Child/Developmental Disabilities Program/
Substance Abuse Services – Adult 4,030,730 4,030,730
DHHS Program Expenditures
Division of Services for the Blind
16. Independent Living Program 3,361,323 3,361,323
Division of Health Service Regulation
17. Adult Care Licensure Program 381,087 381,087
18. Mental Health Licensure and
Certification Program 190,284 190,284
DHHS Administration
19. Division of Aging and Adult Services 577,745 577,745
20. Division of Social Services 559,109 559,109
21. Office of the Secretary/Controller's Office 127,731 127,731
22. Division of Child Development and
Early Education 13,878 13,878
23. Division of Mental Health, Developmental
Disabilities, and Substance Abuse Services 27,446 27,446
24. Division of Health Service Regulation 118,946 118,946
TOTAL SOCIAL SERVICES BLOCK GRANT $61,804,403 $61,331,027
LOW‑INCOME ENERGY ASSISTANCE BLOCK GRANT
Local Program Expenditures
Division of Social Services
01. Low‑Income Energy Assistance
Program (LIEAP) $40,244,534 $39,303,674
02. Crisis Intervention Program (CIP) 40,244,534 39,303,674
Local Administration
Division of Social Services
03. County DSS Administration 6,454,961 6,454,961
DHHS Administration
04. Office of the Secretary/DIRM 412,488 412,488
05. Office of the Secretary/Controller's Office 18,378 18,378
06. NC FAST Development 1,075,319 3,381,373
Transfers to Other State Agencies
Department of Environment and Natural
Resources (DENR)
07. Weatherization Program 11,847,017 11,570,050
08. Heating Air Repair and Replacement
Program (HARRP) 6,303,514 6,156,147
09. Local Residential Energy Efficiency Service
Providers – Weatherization 475,046 475,046
10. Local Residential Energy Efficiency Service
Providers – HARRP 252,761 252,761
11. DENR – Weatherization Administration 475,046 475,046
12. DENR – HARRP Administration 252,760 252,760
Department of Administration
13. N.C. Commission on Indian Affairs 87,736 87,736
TOTAL LOW‑INCOME ENERGY
ASSISTANCE BLOCK GRANT $108,144,094 $108,144,094
CHILD CARE AND DEVELOPMENT FUND BLOCK GRANT
Local Program Expenditures
Division of Child Development and Early Education
01. Child Care Services
(Smart Start $7,000,000) $154,678,008 $152,370,856
02. Electronic Tracking System 801,240 401,492
03. Transfer from TANF Block Grant
for Child Care Subsidies 71,773,001 71,773,001
04. Quality and Availability Initiatives
(TEACH Program $3,800,000) 26,514,964 26,019,987
DHHS Administration
Division of Child Development and Early Education
05. DCDEE Administrative Expenses 9,049,505 9,049,505
Division of Social Services
06. Local Subsidized Child Care
Services Support 15,930,279 15,930,279
07. NC FAST Development 186,404 586,152
Division of Central Administration
08. DHHS Central Administration – DIRM
Technical Services 775,000 775,000
09. Central Regional Maintenance 202,000 202,000
10. Child Care Health Consultation Contracts 62,205 62,205
TOTAL CHILD CARE AND DEVELOPMENT
FUND BLOCK GRANT $279,972,606 $277,170,477
MENTAL HEALTH SERVICES BLOCK GRANT
Local Program Expenditures
01. Mental Health Services – Child $3,619,833 $3,619,833
02. Administration 200,000 200,000
03. Mental Health Services – Adult/Child 11,755,152 11,755,152
04. Crisis Solutions Initiative – Critical
Time Intervention 750,000 750,000
05. Mental Health Services – First
Psychotic Symptom Treatment 643,491 643,491
TOTAL MENTAL HEALTH SERVICES
BLOCK GRANT $16,968,476 $16,968,476
SUBSTANCE ABUSE PREVENTION AND TREATMENT BLOCK GRANT
Local Program Expenditures
Division of Mental Health, Developmental Disabilities, and Substance Abuse Services
01. Substance Abuse – HIV and IV Drug $3,919,723 $3,919,723
02. Substance Abuse Prevention 8,669,284 8,669,284
03. Substance Abuse Services – Treatment for
Children/Adults 29,519,883 29,519,883
04. Crisis Solutions Initiatives – Walk‑In
Crisis Centers 420,000 420,000
05. Crisis Solutions Initiatives – Collegiate
Wellness/Addiction Recovery 1,085,000 1,085,000
06. Crisis Solutions Initiatives – Community
Paramedic Mobile Crisis Management 60,000 60,000
07. Crisis Solutions Initiatives – Innovative
Technologies 41,000 41,000
08. Crisis Solutions Initiatives – Veteran's Crisis 250,000 250,000
09. Administration 454,000 454,000
Division of Public Health
10. HIV Testing for Individuals in Substance
Abuse Treatment 765,949 765,949
TOTAL SUBSTANCE ABUSE PREVENTION
AND TREATMENT BLOCK GRANT $45,184,839 $45,184,839
MATERNAL AND CHILD HEALTH BLOCK GRANT
Local Program Expenditures
Division of Public Health
01. Children's Health Services
(Safe Sleep Campaign
$45,000; Prevent Blindness $560,837;
Community‑Based
Sickle Cell Centers $100,000) $7,574,703 $7,574,703
02. Women's Health
(March of Dimes $350,000; Teen Pregnancy
Prevention Initiatives $650,000;
17P Project $52,000; Nurse‑Family
Partnership $509,018; Carolina Pregnancy
Care Fellowship $300,000) 6,520,148 6,520,148
03. Oral Health 44,901 44,901
04. Evidence‑Based Programs in Counties
With Highest Infant Mortality Rates 1,575,000 1,575,000
DHHS Program Expenditures
Division of Public Health
05. Children's Health Services 1,342,928 1,342,928
06. Women's Health – Maternal Health 107,714 107,714
07. State Center for Health Statistics 158,583 158,583
08. Health Promotion – Injury and
Violence Prevention 87,271 87,271
DHHS Administration
Division of Public Health
09. Division of Public Health Administration 552,571 552,571
TOTAL MATERNAL AND CHILD
HEALTH BLOCK GRANT $17,963,819 $17,963,819
PREVENTIVE HEALTH SERVICES BLOCK GRANT
Local Program Expenditures
01. Physical Activity and Prevention $2,034,060 $2,034,060
02. Injury and Violence Prevention
(Services to Rape Victims – Set‑Aside) 173,476 173,476
03. Community‑Focused Eliminating Health
Disparities Initiative Grants 2,756,855 0
DHHS Program Expenditures
Division of Public Health
04. HIV/STD Prevention and
Community Planning 145,819 145,819
05. Oral Health Preventive Services 320,074 451,809
06. Laboratory Services – Testing,
Training, and Consultation 21,012 21,012
07. Injury and Violence Prevention
(Services to Rape Victims – Set‑Aside) 192,315 192,315
08. State Laboratory Services – Testing,
Training, and Consultation 199,634 199,634
09. Heart Disease and Stroke Prevention 273,772 405,507
10. Performance Improvement and
Accountability 839,736 971,471
11. Physical Activity and Nutrition 68,073 68,073
12. State Center for Health Statistics 107,291 107,291
DHHS Administration
Division of Public Health
13. Division of Public Health 172,820 172,820
14. Division of Public Health –
Physical Activity and Nutrition Branch 1,243,899 0
TOTAL PREVENTIVE HEALTH
SERVICES BLOCK GRANT $8,548,836 $4,943,288
COMMUNITY SERVICES BLOCK GRANT
Local Program Expenditures
Office of Economic Opportunity
01. Community Action Agencies $24,047,065 $24,047,065
02. Limited Purpose Agencies 1,335,948 1,335,948
DHHS Administration
03. Office of Economic Opportunity 1,335,948 1,335,948
TOTAL COMMUNITY SERVICES
BLOCK GRANT $26,718,961 $26,718,961
SECTION 12I.1.(b) Information to Be Included in Block Grant Plans. – The Department of Health and Human Services shall submit a separate plan for each Block Grant received and administered by the Department, and each plan shall include the following:
(1) A delineation of the proposed allocations by program or activity, including State and federal match requirements.
(2) A delineation of the proposed State and local administrative expenditures.
(3) An identification of all new positions to be established through the Block Grant, including permanent, temporary, and time‑limited positions.
(4) A comparison of the proposed allocations by program or activity with two prior years' program and activity budgets and two prior years' actual program or activity expenditures.
(5) A projection of current year expenditures by program or activity.
(6) A projection of federal Block Grant funds available, including unspent federal funds from the current and prior fiscal years.
SECTION 12I.1.(c) Changes in Federal Fund Availability. – If the Congress of the United States increases the federal fund availability for any of the Block Grants or contingency funds and other grants related to existing Block Grants administered by the Department of Health and Human Services from the amounts appropriated in this section, the Department shall allocate the increase proportionally across the program and activity appropriations identified for that Block Grant in this section. In allocating an increase in federal fund availability, the Office of State Budget and Management shall not approve funding for new programs or activities not appropriated in this section.
If the Congress of the United States decreases the federal fund availability for any of the Block Grants or contingency funds and other grants related to existing Block Grants administered by the Department of Health and Human Services from the amounts appropriated in this section, the Department shall develop a plan to adjust the Block Grants based on reduced federal funding.
Notwithstanding the provisions of this subsection, for fiscal years 2015‑2016 and 2016‑2017, increases in the federal fund availability for the Temporary Assistance to Needy Families (TANF) Block Grant shall be used only for the North Carolina Child Care Subsidy program to pay for child care in four‑ or five‑star‑rated facilities for four‑year‑old children and shall not be used to supplant State funds.
Prior to allocating the change in federal fund availability, the proposed allocation must be approved by the Office of State Budget and Management. If the Department adjusts the allocation of any Block Grant due to changes in federal fund availability, then a report shall be made to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division.
SECTION 12I.1.(d) Except as otherwise provided, appropriations from federal Block Grant funds are made for each year of the fiscal biennium ending June 30, 2017, according to the schedule enacted for State fiscal years 2015‑2016 and 2016‑2017 or until a new schedule is enacted by the General Assembly.
SECTION 12I.1.(e) All changes to the budgeted allocations to the Block Grants or contingency funds and other grants related to existing Block Grants administered by the Department of Health and Human Services that are not specifically addressed in this section shall be approved by the Office of State Budget and Management, and the Office of State Budget and Management shall consult with the Joint Legislative Oversight Committee on Health and Human Services for review prior to implementing the changes. The report shall include an itemized listing of affected programs, including associated changes in budgeted allocations. All changes to the budgeted allocations to the Block Grants shall be reported immediately to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division. This subsection does not apply to Block Grant changes caused by legislative salary increases and benefit adjustments.
SECTION 12I.1.(f) Except as otherwise provided, the Department of Health and Human Services shall have flexibility to transfer funding between the Temporary Assistance for Needy Families (TANF) Block Grant and the TANF Emergency Contingency Funds Block Grant so long as the total allocation for the line items within those block grants remains the same.
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) FUNDS
SECTION 12I.1.(g) The sum of eighty million ninety‑three thousand five hundred sixty‑six dollars ($80,093,566) for the 2015‑2016 fiscal year and the sum of seventy‑eight million seventy‑three thousand four hundred thirty‑seven dollars ($78,073,437) for the 2016‑2017 fiscal year appropriated in this section in TANF funds to the Department of Health and Human Services, Division of Social Services, shall be used for Work First County Block Grants. The Division shall certify these funds in the appropriate State‑level services based on prior year actual expenditures. The Division has the authority to realign the authorized budget for these funds among the State‑level services based on current year actual expenditures.
SECTION 12I.1.(h) The sum of nine million four hundred twelve thousand three hundred ninety‑one dollars ($9,412,391) appropriated in this section to the Department of Health and Human Services, Division of Social Services, in TANF funds for each year of the 2015‑2017 fiscal biennium for child welfare improvements shall be allocated to the county departments of social services for hiring or contracting staff to investigate and provide services in Child Protective Services cases; to provide foster care and support services; to recruit, train, license, and support prospective foster and adoptive families; and to provide interstate and post‑adoption services for eligible families.
Counties shall maintain their level of expenditures in local funds for Child Protective Services workers. Of the Block Grant funds appropriated for Child Protective Services workers, the total expenditures from State and local funds for fiscal years 2015‑2016 and 2016‑2017 shall not be less than the total expended from State and local funds for the 2012‑2013 fiscal year.
SECTION 12I.1.(i) The sum of two million twenty‑six thousand eight hundred seventy‑seven dollars ($2,026,877) appropriated in this section in TANF funds to the Department of Health and Human Services, Special Children Adoption Fund, for each year of the 2015‑2017 fiscal biennium shall be used in accordance with G.S. 108A‑50.2. The Division of Social Services, in consultation with the North Carolina Association of County Directors of Social Services and representatives of licensed private adoption agencies, shall develop guidelines for the awarding of funds to licensed public and private adoption agencies upon the adoption of children described in G.S. 108A‑50 and in foster care. Payments received from the Special Children Adoption Fund by participating agencies shall be used exclusively to enhance the adoption services program. No local match shall be required as a condition for receipt of these funds.
SOCIAL SERVICES BLOCK GRANT
SECTION 12I.1.(j) The sum of twenty‑seven million four hundred twenty‑seven thousand fifteen dollars ($27,427,015) for the 2015‑2016 fiscal year and the sum of twenty‑seven million one hundred sixty‑five thousand six hundred sixty‑eight dollars ($27,165,668) for the 2016‑2017 fiscal year appropriated in this section in the Social Services Block Grant to the Department of Health and Human Services, Division of Social Services, shall be used for county block grants. The Division shall certify these funds in the appropriate State‑level services based on prior year actual expenditures. The Division has the authority to realign the authorized budget for these funds among the State‑level services based on current year actual expenditures.
SECTION 12I.1.(k) The sum of one million three hundred thousand dollars ($1,300,000) appropriated in this section in the Social Services Block Grant to the Department of Health and Human Services, Division of Social Services, for each year of the 2015‑2017 fiscal biennium shall be used to support various child welfare training projects as follows:
(1) Provide a regional training center in southeastern North Carolina.
(2) Provide training for residential child caring facilities.
(3) Provide for various other child welfare training initiatives.
SECTION 12I.1.(l) The Department of Health and Human Services is authorized, subject to the approval of the Office of State Budget and Management, to transfer Social Services Block Grant funding allocated for departmental administration between divisions that have received administrative allocations from the Social Services Block Grant.
SECTION 12I.1.(m) Social Services Block Grant funds appropriated for the Special Children Adoption Incentive Fund will require a fifty‑percent (50%) local match.
SECTION 12I.1.(n) The sum of five million forty thousand dollars ($5,040,000) appropriated in this section in the Social Services Block Grant for each year of the 2015‑2017 fiscal biennium shall be allocated to the Department of Health and Human Services, Division of Social Services. The Division shall allocate these funds to local departments of social services to replace the loss of Child Protective Services State funds that are currently used by county governments to pay for Child Protective Services staff at the local level. These funds shall be used to maintain the number of Child Protective Services workers throughout the State. These Social Services Block Grant funds shall be used to pay for salaries and related expenses only and are exempt from 10A NCAC 71R .0201(3) requiring a local match of twenty‑five percent (25%).
SECTION 12I.1.(o) The sum of three million eight hundred fifty‑two thousand five hundred dollars ($3,852,500) appropriated in this section in the Social Services Block Grant to the Department of Health and Human Services, Division of Central Management and Support, shall be used for DHHS competitive block grants pursuant to Section 12A.8 of this act for each year of the 2015‑2017 fiscal biennium. These funds are exempt from the provisions of 10A NCAC 71R .0201(3).
SECTION 12I.1.(p) The sum of three hundred seventy‑five thousand dollars ($375,000) appropriated in this section in the Social Services Block Grant for each year of the 2015‑2017 fiscal biennium to the Department of Health and Human Services, Division of Social Services, shall be used to continue support for the Child Advocacy Centers, and the funds are exempt from the provisions of 10A NCAC 71R .0201(3).
SECTION 12I.1.(q) The sum of three million nine hundred seventy‑eight thousand three hundred sixty dollars ($3,978,360) for each year of the 2015‑2017 fiscal biennium appropriated in this section in the Social Services Block Grant to the Department of Health and Human Services, Divisions of Social Services and Aging and Adult Services, shall be used for guardianship services pursuant to Chapter 35A of the General Statutes. The Department may expend funds appropriated in this section to support (i) existing corporate guardianship contracts during the 2015‑2016 and 2016‑2017 fiscal years and (ii) guardianship contracts transferred to the State from local management entities or managed care organizations during the 2015‑2016 and 2016‑2017 fiscal years.
LOW‑INCOME ENERGY ASSISTANCE BLOCK GRANT
SECTION 12I.1.(r) Additional emergency contingency funds received may be allocated for Energy Assistance Payments or Crisis Intervention Payments without prior consultation with the Joint Legislative Oversight Committee on Health and Human Services. Additional funds received shall be reported to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division upon notification of the award. The Department of Health and Human Services shall not allocate funds for any activities, including increasing administration, other than assistance payments, without prior consultation with the Joint Legislative Oversight Committee on Health and Human Services.
SECTION 12I.1.(s) The sum of forty million two hundred forty‑four thousand five hundred thirty‑four dollars ($40,244,534) for the 2015‑2016 fiscal year and the sum of thirty‑nine million three hundred three thousand six hundred seventy‑four dollars ($39,303,674) for the 2016‑2017 fiscal year appropriated in this section in the Low‑Income Energy Assistance Block Grant to the Department of Health and Human Services, Division of Social Services, shall be used for Energy Assistance Payments for the households of (i) elderly persons age 60 and above with income up to one hundred thirty percent (130%) of the federal poverty level and (ii) disabled persons eligible for services funded through the Division of Aging and Adult Services.
County departments of social services shall submit to the Division of Social Services an outreach plan for targeting households with 60‑year‑old household members no later than August 1 of each year. The outreach plan shall comply with the following:
(1) Ensure that eligible households are made aware of the available assistance, with particular attention paid to the elderly population age 60 and above and disabled persons receiving services through the Division of Aging and Adult Services.
(2) Include efforts by the county department of social services to contact other State and local governmental entities and community‑based organizations to (i) offer the opportunity to provide outreach and (ii) receive applications for energy assistance.
(3) Be approved by the local board of social services or human services board prior to submission.
CHILD CARE AND DEVELOPMENT FUND BLOCK GRANT
SECTION 12I.1.(t) Payment for subsidized child care services provided with federal TANF funds shall comply with all regulations and policies issued by the Division of Child Development for the subsidized child care program.
SECTION 12I.1.(u) If funds appropriated through the Child Care and Development Fund Block Grant for any program cannot be obligated or spent in that program within the obligation or liquidation periods allowed by the federal grants, the Department may move funds to child care subsidies, unless otherwise prohibited by federal requirements of the grant, in order to use the federal funds fully.
MENTAL HEALTH SERVICES BLOCK GRANT
SECTION 12I.1.(v) The sum of six hundred forty‑three thousand four hundred ninety‑one dollars ($643,491) appropriated in this section in the Mental Health Services Block Grant to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, for each year of the 2015‑2017 fiscal biennium is allocated for Mental Health Services – First Psychotic Symptom Treatment. The Division shall report on (i) the specific evidence‑based treatment and services provided, (ii) the number of persons treated, and (iii) the measured outcomes or impact on the participants served. The Division shall report to the House of Representatives Appropriations Committee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Fiscal Research Division no later than December 31, 2016.
SUBSTANCE ABUSE PREVENTION AND TREATMENT BLOCK GRANT
SECTION 12I.1.(w) The sum of two hundred fifty thousand dollars ($250,000) appropriated in this section in the Substance Abuse Prevention and Treatment Block Grant to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, for each year of the 2015‑2017 fiscal biennium shall be allocated to the Department of Administration, Division of Veterans Affairs, to establish a call‑in center to assist veterans in locating service benefits and crisis services. The call‑in center shall be staffed by certified veteran peers within the Division of Veterans Affairs and trained by the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services.
MATERNAL AND CHILD HEALTH BLOCK GRANT
SECTION 12I.1.(x) If federal funds are received under the Maternal and Child Health Block Grant for abstinence education, pursuant to section 912 of Public Law 104‑193 (42 U.S.C. § 710), for the 2015‑2016 fiscal year or the 2016‑2017 fiscal year, then those funds shall be transferred to the State Board of Education to be administered by the Department of Public Instruction. The Department of Public Instruction shall use the funds to establish an abstinence until marriage education program and shall delegate to one or more persons the responsibility of implementing the program and G.S. 115C‑81(e1)(4) and (4a). The Department of Public Instruction shall carefully and strictly follow federal guidelines in implementing and administering the abstinence education grant funds.
SECTION 12I.1.(y) The Department of Health and Human Services shall ensure that there will be follow‑up testing in the Newborn Screening Program.
SECTION 12I.1.(z) The sum of one million five hundred seventy‑five thousand dollars ($1,575,000) appropriated in this section in the Maternal and Child Health Block Grant to the Department of Health and Human Services, Division of Public Health, for each year of the 2015‑2017 fiscal biennium shall be used for evidence‑based programs in counties with highest infant mortality rates. The Division shall report on (i) the counties selected to receive the allocation, (ii) the specific evidenced‑based services provided, (iii) the number of women served, and (iv) any impact on the counties' infant mortality rate. The Division shall report its findings to the House of Representatives Appropriations Committee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Fiscal Research Division no later than December 31, 2016.
SECTION 12I.1.(aa) The sum of one hundred thousand dollars ($100,000) allocated in this section in the Maternal and Child Health Block Grant to the Department of Health and Human Services, Division of Public Health, for each year of the 2015‑2017 fiscal biennium for community‑based sickle cell centers shall not be used to supplant existing State or federal funds.
SECTION 12I.1.(bb) No more than fifteen percent (15%) of the funds provided in this section in the Maternal and Child Health Block Grant to Carolina Pregnancy Care Fellowship shall be used for administrative purposes. The balance of those funds shall be used for direct services.
PART XIII. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
SECTION 13.2. In fiscal year 2015‑2016, The Department of Agriculture and Consumer Services shall apply for two million two hundred forty thousand dollars ($2,240,000) from the Tennessee Valley Authority Settlement Agreement in compliance with the requirements of paragraphs 122 through 128 of the Consent Decree entered into by the State in State of Alabama et al. v. Tennessee Valley Authority, Civil Action 3:11‑cv‑00170 in the United States District Court for the Eastern District of Tennessee, and Appendix C to the Compliance Agreement. The funds received by the State shall be allocated to the following programs for projects, with priority given to projects in the counties of Avery, Buncombe, Burke, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Swain, Transylvania, Watauga, and Yancey:
(1) One million dollars ($1,000,000) to the Agriculture Cost Share Program for Nonpoint Source Pollution Control.
(2) Five hundred thousand dollars ($500,000) to the Department's Bioenergy Development Program.
(3) Five hundred thousand dollars ($500,000) to the North Carolina Agricultural Development and Farmland Preservation Trust Fund to be used, notwithstanding G.S. 106‑744, in the areas specified in this section.
(4) Two hundred forty thousand dollars ($240,000) to the North Carolina Agricultural Water Resources Assistance Program.
DISPOSITION OF ROSE HILL LABORATORY PROPERTY
SECTION 13.3. The Department of Administration shall sell the building and associated real property formerly used to house the Veterinary Diagnostic Laboratory located in the Town of Rose Hill in Duplin County.
DRUG MANUFACTURING LICENSING AND REGISTRATION FEES
SECTION 13.4.(a) G.S. 106‑140.1(h) reads as rewritten:
"(h) The Commissioner shall adopt rules to
implement the registration requirements of this section. These rules may shall
provide for an annual registration fee of up to five hundred dollars
($500.00)one thousand dollars ($1,000) for companies operating as manufacturers,
wholesalers, or repackagers.manufacturers or repackagers and seven
hundred dollars ($700.00) for companies operating as wholesalers. The
Department of Agriculture and Consumer Services shall use these funds for the
implementation of the North Carolina Food, Drug and Cosmetic Act."
SECTION 13.4.(b) G.S. 106‑145.4(b) reads as rewritten:
"§ 106‑145.4. Application and fee for license.
"(b) Fee. – An application for an initial license
or a renewed license as a wholesale distributor shall be accompanied by a
nonrefundable fee of five hundred dollars ($500.00) one thousand
dollars ($1,000) for a manufacturer or three hundred fifty dollars
($350.00) seven hundred dollars ($700.00) for any other person."
FOOD MANUFACTURER AND RETAILER INSPECTION FEES
SECTION 13.5. G.S. 106‑254 reads as rewritten:
"§ 106‑254. Inspection fees; wholesalers; retailers and cheese factories.
For the purpose of defraying the expenses incurred in the
enforcement of this Article, the owner, proprietor or operator of each ice
cream factory where ice cream, milk shakes, milk sherbet, sherbet, water ices,
mixes for frozen or semifrozen desserts and other similar frozen or semifrozen
food products are made or stored, or any cheese factory or butter‑processing
plant that disposes of its products at wholesale to retail dealers for resale
in this State shall pay to the Commissioner of Agriculture each year an
inspection fee of forty dollars ($40.00).one hundred dollars
($100.00). Each maker of ice cream, milk shakes, milk sherbet, sherbet,
water ices and/or other similar frozen or semifrozen food products who disposes
of his product at retail only, and cheese factories, shall pay to the
Commissioner of Agriculture an inspection fee of ten dollars ($10.00) fifty
dollars ($50.00) each year. The inspection fee of ten dollars ($10.00) fifty
dollars ($50.00) shall not apply to conventional spindle‑type milk‑shake
mixers, but shall apply to milk‑shake dispensing and vending machines,
which operate on a continuous or automatic basis."
SECTION 13.7. G.S. 19A‑63 reads as rewritten:
"§ 19A‑63. Eligibility for distributions from Spay/Neuter Account.
(a) A county or city is eligible for reimbursement from the Spay/Neuter Account if it meets the following condition:
(1) The county or city offers one or more of the following programs to low‑income persons on a year‑round basis for the purpose of reducing the cost of spaying and neutering procedures for dogs and cats:
a. A spay/neuter clinic operated by the county or city.
b. A spay/neuter clinic operated by a
private organization under contract or other arrangement with the county or
city.
c. A contract or contracts with one or more veterinarians, whether or not located within the county, to provide reduced‑cost spaying and neutering procedures.
d. Subvention of the spaying and neutering costs incurred by low‑income pet owners through the use of vouchers or other procedure that provides a discount of the cost of the spaying or neutering procedure fixed by a participating veterinarian or other provider.
e. Subvention of the spaying and neutering costs incurred by persons who adopt a pet from an animal shelter operated by or under contract with the county or city.
(2) Reserved for future codification purposes.
(b) For purposes of this Article, the term "low‑income
person" shall mean an individual who qualifies for one or more of the
programs of public assistance administered by the Department of Health and
Human Services pursuant to Chapter 108A of the General Statutes or whose
annual household income is under three hundred percent (300%) lower
than one hundred percent (100%) of the federal poverty level guidelines
published by the United States Department of Health and Human Services.
(c) Each county shall make rules or publish guidelines
that designate what proof a low‑income person must submit to establish
that the person qualifies for public assistance under subsection (b) of this
section or has an annual household income lower than three hundred
percent (300%) one hundred percent (100%) of the federal poverty
level guidelines published by the United States Department of Health and Human
Services."
Conservation Reserve Enhancement Program Report
SECTION 13.8.(a) The Department of Agriculture and Consumer Services shall study and report on the activities of the Conservation Reserve Enhancement Program. The report shall include, at a minimum, the following components:
(1) A listing of contracts currently in effect and contracts entered into in each of the last five fiscal years, including the acreage and location of the land under contract and the distribution of contracts by duration.
(2) A five‑year projection of future funding requirements.
(3) A detailed listing of the conservation practices used at project sites over the last five fiscal years and an assessment of the effectiveness of those practices for preventing or reducing nonpoint source pollution.
(4) An assessment of the effectiveness and impact of the program in both protection of waterways from nonpoint source pollution and the leveraging of additional programs and efforts to reduce nonpoint source pollution.
SECTION 13.8.(b) The Department shall submit its findings and report to the chairs of the Senate Appropriations Committee on Natural and Economic Resources and the House Appropriations Committee on Agriculture and Natural and Economic Resources and to the Fiscal Research Division no later than April 1, 2016.
SECTION 13.9. The additional funds allocated by this act to the Marketing Division of the Department of Agriculture and Consumer Services shall be used for the promotion of beer produced in the State.
REPEAL MINE SAFETY AND HEALTH ACT
SECTION 13.10.(a) Article 2A of Chapter 74 of the General Statutes is repealed.
SECTION 13.10.(b) G.S. 130A‑460 reads as rewritten:
"§ 130A‑460. Report to Department of Labor.
…
(c) Subsection (b) shall not apply to inspections
conducted for the Industrial Commission pursuant to G.S. 97‑76
and shall not affect the allocation of responsibilities set forth in G.S. 74‑24.4(c).G.S. 97‑76."
LABOR CONSULTATIVE SERVICES BUREAU INSPECT MINES & QUARRIES
SECTION 13.11.(a) The Department of Labor, Consultative Services Bureau, shall inspect mines and quarries in the State in a manner consistent with inspections conducted by the Mine and Quarry Bureau prior to the date this section becomes effective.
SECTION 13.11.(b) This section is effective when it becomes law.
PART XIV. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
SECTION 14.1. Section 4.1 of S.L. 2014‑18 reads as rewritten:
"SECTION 4.1. No later than January 1, 2015, the
Departments of Commerce, Environment and Natural Resources, and Transportation
shall have at least one employee physically located in the same office in each
of the Collaboration for Prosperity Zones set out in G.S. 143B‑28.1
to serve as that department's liaison with the other departments and with local
governments, schools and colleges, planning and development bodies, and
businesses in that zone. The departments shall jointly select the office. For
purposes of this Part, the Department of Commerce may contract with a North
Carolina nonprofit corporation pursuant to G.S. 143B‑431A, as
enacted by this act, to fulfill the departmental liaison requirements for each
office in each of the Collaboration for Prosperity Zones.Zones, and
the Department of Environment and Natural Resources shall fulfill the departmental
liaison requirements from existing positions.
No later than January 1, 2015, the Community Colleges System Office shall designate at least one representative from a community college or from the Community Colleges System Office to serve as a liaison in each Collaboration for Prosperity Zone for the community college system, the community colleges in the zone, and other educational agencies and schools within the zone. A liaison may be from a business center located in a community college. These liaisons are not required to be collocated with the liaisons from the Departments of Commerce, Environment and Natural Resources, and Transportation.
No later than January 1, 2015, the State Board of Education shall designate at least one representative from a local school administrative unit or from the Department of Public Instruction to serve as a liaison in each Collaboration for Prosperity Zone for the local school administrative units and other public schools within the zone. These liaisons are not required to be collocated with the liaisons from the Departments of Commerce, Environment and Natural Resources, and Transportation."
IMPROVE FINANCIAL MANAGEMENT OF ENVIRONMENTAL STEWARDSHIP FUNDS THROUGH CONSERVATION GRANT FUND
SECTION 14.2. G.S. 147‑69.2(d) reads as rewritten:
"(d) The State Treasurer may invest funds deposited
pursuant to subdivision (a)(17i)subdivisions (a)(17i) or (a)(17j)
of this section in any of the investments authorized under subdivisions (1)
through (6) and subdivision (8) of subsection (b) of this section. The State
Treasurer may require a minimum deposit, up to one hundred thousand dollars
($100,000), and may assess a reasonable fee, not to exceed 15 basis points, as
a condition of participation pursuant to this subsection. Funds deposited
pursuant to this subsection shall remain the funds of the North Carolina
Conservation Easement Endowment Fund, Fund or the Conservation Grant
Fund, as applicable, and interest or other investment income earned thereon
shall be prorated and credited to the North Carolina Conservation Easement
Endowment Fund Fund or the Conservation Grant Fund on the basis
of the amounts thereof contributed,contributed to the respective
Funds, figured according to sound accounting principles."
ALLOW REVENUE GENERATED FROM TIMBER SALE TO BE RETAINED IN A NONREVERTING ACCOUNT FOR A PERIOD OF FOUR YEARS
SECTION 14.3. The Department of Environment and Natural Resources' Stewardship Program may retain revenue generated from timber harvesting on the Great Coharie property in the Conservation Grant Endowment Interest Fund (6705) for the purpose of restoration and stewardship of that property and these funds are hereby appropriated for that purpose. Any unused portion of this revenue remaining in the Fund on June 30, 2019, shall revert to the General Fund.
Separate Natural Heritage Program from Clean Water Management Trust Fund
SECTION 14.4. Subdivisions (8e) and (9) of subsection (c) and subsection (d) of G.S. 113A‑253 are repealed.
Environmental Management of Impaired Water Bodies
SECTION 14.5.(a) Of the funds appropriated in this act to the Clean Water Management Trust Fund, the sum of four million five hundred thousand dollars ($4,500,000) in the 2015‑2017 fiscal biennium shall be used by the Department of Environment and Natural Resources to research, implement, and monitor in situ strategies beyond traditional watershed controls that have the potential to mitigate water quality impairments resulting from aquatic flora, sediment, nutrients, or other water quality variables that impair or have the potential to impair water bodies of the State.
SECTION 14.5.(b) The Department shall extend existing contracts related to in situ water quality remediation strategies for two years at a price less than current terms and may enter into new purchase or lease agreements for equipment, goods, or contractor services prior to June 30, 2017. The Department, in consultation with the Environmental Management Commission, shall have the authority to determine the size, scope, and location of a new project or expansion of the scope of an existing project as well as the methods to be deployed; provided, however, that the Department shall issue a Request for Proposal for any new leases or purchases authorized by this subsection and shall evaluate and select contractors or equipment based on likelihood of success in addition to price.
SECTION 14.5.(c) The General Assembly finds that there is a need for timely initiation of projects authorized by this section during the biennium to expedite mitigation of impaired waters of the State and federal review and approval of these projects prior to deployment. Therefore, any contract, lease, purchase, or other agreement entered into under this section shall not be subject to the requirements of Article 3, 3D, or 8 of Chapter 143 of the General Statutes in order to expedite deployment.
SECTION 14.5.(d) The General Assembly further finds that existing rules or proposed rules intended to address water quality of impaired water bodies may need to be modified based on the completion and analysis of projects authorized or extended by this section and that there is a need to better understand the impact of in situ mitigation on overall water quality of impaired water bodies. Therefore, any rules issued by the Commission or directed by the General Assembly that pertain to basinwide nutrient management and mitigation of water quality for impaired water bodies, as defined by the federal government, and that have been temporarily delayed by a prior act of the General Assembly or Commission, shall have an effective date of two additional years or one year after the completion of the projects described in this subsection, whichever is later.
SECTION 14.5.(e) The Department and Commission shall consider and include in situ strategies, as described in subsection (a) of this section, in their development, review, and modifications of basinwide water quality management plans or related water quality mitigation modeling.
Inlet and Port Access Management
SECTION 14.6.(a) G.S. 143‑215.73F reads as rewritten:
"§ 143‑215.73F. Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund.
(a) Fund Established. – The Shallow
Draft Navigation Channel Dredging and Lake Maintenance Fund is established as a
special revenue fund. The Fund consists of fees credited to it under G.S. 75A‑3,
75A‑38, G.S. 75A‑3 and G.S. 75A‑38 and 105‑449.126.
taxes credited under G.S. 105‑449.126.
(b) Uses of Fund. – Revenue in the Fund
may only be used to for the following purposes:
(1) To provide the State's share of the
costs associated with any dredging project designed to keep shallow draft
navigation channels located in State waters or waters of the state located
within lakes navigable and safe, or for safe.
(2) For aquatic weed control projects in waters of the State located within lakes under Article 15 of Chapter 113A of the General Statutes. Funding for aquatic weed control projects is limited to five hundred thousand dollars ($500,000) in each fiscal year.
(c) Cost‑Share. – Any project funded by revenue from the Fund must be cost‑shared with non‑State dollars on a one‑to‑one basis, provided that the cost‑share for a lake located within a component of the State Parks System shall be provided by the Division of Parks and Recreation of the Department of Environment and Natural Resources. The Division of Parks and Recreation may use funds allocated to the State Parks System for capital projects under G.S. 113‑44.15 for the cost‑share.
(d) Waiver of Cost‑Share. – The Secretary may waive or modify the non‑State cost‑share requirement for dredging projects that (i) alleviate a navigational emergency or (ii) represent an opportunity to supplement or leverage Corps funding that would be lost if a cost‑share was required. The Secretary may only waive or modify the non‑State cost‑share requirement up to an amount not to exceed five hundred thousand dollars ($500,000) per project.
(e) Return of Non‑State Entity Funds. – Non‑State entities that contribute to the Fund for a particular project or group of projects may make a written request to the Secretary that the contribution be returned if the contribution has not been spent or encumbered within two years of receipt of the contribution by the Fund. If the written request is made prior to the funds being spent or encumbered, the Secretary shall return the funds to the entity within 30 days after the later of (i) receiving the request or (ii) the expiration of the two‑year period described by this subsection.
(f) Reporting. – The Secretary shall report any waivers or modifications of the cost‑share requirement made under subsection (d) of this section within 30 days of issuing the waiver or modification to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division of the General Assembly. The report shall include an explanation of the factors in subsection (d) of this section that are the basis for the waiver or modification decision.
(g) Definitions. – The following definitions apply in this section:
(1) Corps. – The United States Army Corps of Engineers.
(2) Costs associated with a dredging project. – Includes the cost of the dredging operation, surveys or studies directly attributable to the project, and the costs of disposal of dredged material.
(3) Navigational emergency. – With respect to a shallow draft navigation channel, the removal of or statement of intent to remove one or more navigational buoys by the United States Coast Guard from the channel due to shoaling.
(4) Shallow draft navigation channel. – (i)
a A waterway connection with a maximum depth of 16 feet between
the Atlantic Ocean and a bay or the Atlantic Intracoastal Waterway, (ii) a
river entrance to the Atlantic Ocean through which tidal and other currents
flow, or (iii) other interior coastal waterways. "Shallow draft
navigation channel" The term includes the Atlantic Intracoastal
Waterway and its side channels, Beaufort Harbor, Bogue Inlet, Carolina Beach
Inlet, the channel from Back Sound to Lookout Back, channels connected to
federal navigation channels, Lockwoods Folly River, Manteo/Shallowbag Bay,
including Oregon Inlet, Masonboro Inlet, New River, New Topsail Inlet,
Rodanthe, Hatteras Inlet, Rollinson, Shallotte River, Silver Lake
Harbor, and the waterway connecting Pamlico Sound and Beaufort Harbor."
SECTION 14.6.(b) Notwithstanding G.S. 143‑215.73F, the funds available in the Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund shall be reserved for all of the following purposes:
(1) The sum of four million dollars ($4,000,000) shall be reserved for Oregon Inlet dredging needs.
(2) The sum of one hundred fifty thousand dollars ($150,000) shall be reserved to reimburse the Department of Administration for its costs associated with exploring options for acquiring Oregon Inlet and the adjacent real property, including, but not limited to, surveys and appraisals, legal research, and studies related to sand management, engineering proposals, and larval transport.
(3) The sum of seven hundred fifty thousand dollars ($750,000) shall be reserved to reimburse the Department of Administration for its costs associated with the implementation of Section 14.7(g) of S.L. 2014‑100. Upon completion of the actions defined in Sections 14.7(a) through (f) of S.L. 2014‑100 by the Secretary of Administration and the federal government, Section 14.7(g) of S.L. 2014‑100 is repealed. The Department of Administration shall use the report submitted by the Department of Transportation pursuant to Section 14.7(h) of S.L. 2014‑100 and consult with the Department of Transportation when prioritizing condemnation of all existing and future transportation corridors on the Outer Banks, a right retained by the State and recorded in a deed executed on August 7, 1958, when these lands were conveyed to the federal government.
(4) The sum of two hundred fifty thousand dollars ($250,000) shall be reserved for use by the Department of Environment and Natural Resources to update the Beach and Inlet Management Plan. The Department may enter into a sole‑source contract of up to two hundred fifty thousand dollars ($250,000) with the firm that developed the initial Plan to have the firm update the Plan. The updated Plan shall include a recommended schedule for ongoing inlet maintenance. No later than December 1, 2016, the Department shall report to the Environmental Review Commission on the updated Plan.
The conditions on funding set out in G.S. 143‑215.73F(c) may not be waived pursuant to G.S. 143‑215.73F(d) for funds reserved for the Oregon Inlet dredging needs set out in subdivision (1) of this subsection. If State funds reserved for the purposes listed above are not spent or encumbered by June 30, 2016, the State funds shall be unreserved and made available for any of the uses set out in G.S. 143‑215.73F.
SECTION 14.6.(c) Article 21 of Chapter 143 of the General Statutes is amended by adding a new Part to read:
"Part 8C. Deep Draft Navigation Channel Dredging and Maintenance Fund.
"§ 143‑215.73G. Deep Draft Navigation Channel Dredging and Maintenance Fund.
(a) Fund Established. – The Deep Draft Navigation Channel Dredging and Maintenance Fund is established as a special revenue fund. The Fund consists of General Fund appropriations, gifts, or grants, including monies contributed by a non‑State entity for a particular dredging project or group of projects and any other revenues specifically allocated to the Fund by an act of the General Assembly.
(b) Uses of the Fund. – Revenue credited to the Fund may only be used for costs associated with projects providing safe and efficient navigational access to a State Port, including the design, construction, expansion, modification, or maintenance of deep draft navigation channels, turning basins, berths, and related structures, as well as surveys or studies related to any of the foregoing and the costs of disposal of dredged material.
(c) Conditions on Funding. – State funds credited to the Fund from the sources described in subsection (a) of this section must be cost‑shared on a one‑to‑one basis with funds provided by the State Ports Authority, provided that:
(1) Funds contributed to the Fund by a non‑State entity are not considered State funds and may be used to provide the cost‑share required by this subsection.
(2) The Secretary may waive or modify the cost‑share requirement for any project that supplements Corps funding for a study authorized by the Corps related to navigational access to a State Port, based on availability of alternate funding sources.
(d) Return of Non‑State Entity Funds. – Non‑State entities that contribute to the Fund for a particular project or group of projects may make a written request to the Secretary that the contribution be returned if the contribution has not been spent or encumbered within two years of receipt of the contribution by the Fund. If the written request is made prior to the funds being spent or encumbered, the Secretary shall return the funds to the entity within 30 days after the later of (i) receiving the request or (ii) the expiration of the two‑year period described by this subsection.
(e) Definitions. – The following definitions apply in this Part:
(1) Corps. – The United States Army Corps of Engineers.
(2) State Port. – Facilities at Wilmington or Morehead City managed or operated by the State Ports Authority."
SECTION 14.6.(d) SPA Memorandum of Agreement. – The State Ports Authority shall negotiate with the United States Army Corps of Engineers (hereafter, "Corps") a memorandum of agreement allowing for nonfederal funding of dredging and related studies or maintenance at the State Ports located at Wilmington and Morehead City. The memorandum required by this subsection shall be for as long a term as possible.
SECTION 14.6.(e) DENR Memorandum of Agreement. – The Division of Water Resources of the Department of Environment and Natural Resources shall negotiate with the Corps a memorandum of agreement allowing for nonfederal funding of dredging of Oregon Inlet. The memorandum required by this subsection shall be for as long a term as possible.
SECTION 14.6.(f) Port Access Lands Acquisition Agreement. – Notwithstanding Chapter 146 of the General Statutes or any other provision of law, the Department of Administration, on behalf of the State, shall seek to initiate negotiations with the appropriate agency of the federal government for an agreement to acquire the federally owned property necessary for management of deep draft navigation channels providing access to State Port facilities at Morehead City from the federal government in exchange for State‑owned real property.
(1) Interagency cooperation. – The North Carolina Ports Authority and the Department of Transportation shall be included in the planning and carrying out of these negotiations, but the ultimate approval authority remains solely with the Secretary of the Department of Administration.
(2) Terms of agreement. – The Secretary of the Department of Administration shall have the authority to negotiate the terms of the acquisition agreement. The agreement (i) shall provide for the acquisition of interests in real property described in this subsection and no other; (ii) shall provide that the conveyances described in the agreement become effective as soon as practicable; and (iii) shall incorporate the relevant terms of this subsection.
(3) Execution of deeds. – Within 30 days of the acquisition becoming effective, the Attorney General shall execute any documents or deeds necessary to effectuate the acquisition under the exact terms set forth in the acquisition agreement. All State agencies and officials shall cooperate to the fullest extent possible in effectuating the acquisition agreement.
(4) Reporting. – Within 30 days after an agreement is entered into pursuant to this section, the Secretary of the Department of Administration shall report to the Joint Legislative Commission on Governmental Operations on the terms of the agreement.
SECTION 14.6.(g) Contested Case Exemption. – G.S. 150B‑1(e) is amended by adding a new subdivision to read:
"(e) Exemptions From Contested Case Provisions. – The contested case provisions of this Chapter apply to all agencies and all proceedings not expressly exempted from the Chapter. The contested case provisions of this Chapter do not apply to the following:
…
(22) The Secretary of Environment and Natural Resources for the waiver or modification of non‑State cost‑share requirements under G.S. 143‑215.73F and G.S. 143‑215.73G."
SECTION 14.6.(h) The General Assembly finds that the New Inlet Dam or "The Rocks" is a breakwater established by the United States Army Corps of Engineers in the late 1800s. The New Inlet Dam is composed of two components, a Northern Component that extends from Federal Point to Zeke's Island and a Southern Component that extends southwestward from Zeke's Island and separates the New Inlet from the main channel of the Cape Fear River. The General Assembly further finds that the Southern Component of the New Inlet Dam impedes the natural flow of water between the Cape Fear River and the Atlantic Ocean that occurred prior to emplacement of the dam. The General Assembly further finds that it is necessary to remove the Southern Component of the New Inlet Dam in order to reestablish the natural hydrodynamic flow between the Cape Fear River and the Atlantic Ocean. To this end, the Department of Environment and Natural Resources shall do all of the following:
(1) Notify the United States Army Corps of Engineers of the State's intent to remove the Southern Component of the New Inlet Dam.
(2) Issue a Request for Proposals for a firm capable of conducting all aspects of removal of the Southern Component of the New Inlet Dam, including securing all necessary State and federal permits and developing and implementing a removal plan. Identification of a capable firm pursuant to this section shall be done in accordance with Article 8 of Chapter 143 of the General Statutes.
(3) Execute a contract with the firm chosen to implement subdivision (2) of this subsection and exercise oversight of the fulfillment of the contract. Execution of a contract pursuant to this section shall be done in accordance with Article 8 of Chapter 143 of the General Statutes.
(4) Request approval from the National Oceanic and Atmospheric Administration to adjust the boundary established for Zeke's Island for both of the following changes:
a. Moving the current western boundary 200 feet seaward and removing the area that lies between the current boundary and the new boundary from the North Carolina National Estuarine Research Reserve.
b. Compensating for any loss of acreage pursuant to sub‑subdivision a. of this subdivision by adding a corresponding amount of acreage to the northern boundary of Zeke's Island from adjacent acreage at Fort Fisher State Recreation Area.
(5) If the Department obtains approval from the National Oceanic and Atmospheric Administration to adjust the boundary established for Zeke's Island as described in subdivision (4) of this subsection, the Coastal Resources Commission shall amend 15A NCAC 070 .0105 (North Carolina Coastal Reserve: Reserve Components) as follows:
a. Definitions. – "Reserve Components Rule" means 15A NCAC 070 .0105 (North Carolina Coastal Reserve: Reserve Components) for purposes of this section and its implementation.
b. Reserve Components Rule. – Until the effective date of the revised permanent rule that the Coastal Resources Commission is required to adopt pursuant to sub‑subdivision d. of this subdivision, the Commission and the Department of Environment and Natural Resources shall implement the Reserve Components Rule, as provided in sub‑subdivision c. of this subdivision.
c. Implementation. – Notwithstanding the Reserve Components Rule, the Commission shall adjust the boundary established for Zeke's Island in conformance with any boundary change that is approved by the National Oceanic and Atmospheric Administration pursuant to subdivision (4) of this subsection.
d. Additional rule‑making authority. – The Commission shall adopt a rule to replace the Reserve Components Rule. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this subdivision shall be substantively identical to the provisions of sub‑subdivision c. of this subdivision. Rules adopted pursuant to this subdivision are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this subdivision shall become effective as provided in G.S. 150B‑21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B‑21.3(b2).
e. Effective date. – Sub‑subdivision c. of this subdivision expires when permanent rules to replace sub‑subdivision c. of this subdivision have become effective, as provided by sub‑subdivision d. of this subdivision.
Notwithstanding any other provision of law, the Department of Environment and Natural Resources may use funds from the Deep Draft Navigation Channel Dredging and Maintenance Fund, established pursuant to G.S. 143‑215.73G, as enacted by subsection (c) of this section, to implement this subsection.
SECTION 14.6.(i) Coastal Waterways User Identification Number and Fee. – Article 1 of Chapter 75A of the General Statutes is amended by adding a new section to read:
"§ 75A‑5.3. Coastal Waterways User Identification Number required.
(a) Definitions. – As used in this section, "coastal fishing waters" has the same meaning as in G.S. 113‑129.
(b) Coastal Waterways User Identification Number Required. – All of the following vessels are required to be numbered with a Coastal Waterways User Identification Number issued by the Wildlife Resources Commission:
(1) A vessel required to be numbered pursuant to G.S. 75A‑4 that is 24 feet or more in length and that is operated in the coastal fishing waters of the State.
(2) A vessel that (i) is numbered in accordance with applicable federal law or in accordance with a federally approved numbering system of another state, (ii) is 24 feet or more in length, and (iii) is used to engage in commercial or recreational fishing in the coastal fishing waters of the State under any of the following fishing licenses:
a. A Standard Commercial Fishing License issued pursuant to G.S. 113‑168.2.
b. A Retired Standard Commercial Fishing License issued pursuant to G.S. 113‑168.3.
c. A Shellfish License issued pursuant to G.S. 113‑169.2.
d. A Recreational Commercial Gear License issued pursuant to G.S. 113‑173.
e. A Coastal Recreational Fishing License issued pursuant to G.S. 113‑174.2 or G.S. 113‑351.
f. A For‑Hire License issued pursuant to G.S. 113‑174.3.
(c) Fees. – The annual fee for a Coastal Waterways User Identification Number shall be calculated by rounding down the length of the vessel to the nearest foot, dividing this length by eight, and multiplying the result by the length of the vessel rounded down to the nearest foot. The result of this calculation shall be rounded down to the nearest cent, and this result shall be the dollar amount of the annual fee for each vessel. Notwithstanding this subsection, an annual fee for a Coastal Waterways User Identification Number shall not be greater than the fee for a 100‑foot vessel. The funds collected pursuant to this section shall be credited on a quarterly basis to the Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund established by G.S. 143‑215.73F.
(d) Renewal of Number. – An owner of a vessel issued a Coastal Waterways User Identification Number pursuant to this section shall renew the number on or before the number expires. If the number is not renewed before it expires, it shall lapse and be void until such time as it may thereafter be renewed. Application for renewal shall be submitted on a form approved by the Commission and shall be accompanied by a fee in the amount set forth in subsection (c) of this section.
(e) Duplicate Number. – The Commission shall issue a duplicate number for a Coastal Waterways User Identification Number upon application by the person entitled to hold the number if the Commission is satisfied the original number has been lost, stolen, mutilated, destroyed, or has become illegible.
(f) Vessel Change of Ownership. – Should the ownership of a vessel with a valid Coastal Waterways User Identification Number change, a new application form with the fee set forth in subsection (c) of this section shall be filed with the Commission by the new owner upon expiration if the new owner intends to use the vessel as described in subsection (b) of this section. Coastal Waterways User Identification Numbers are not transferable from one vessel to another.
(g) Duration. – Coastal Waterways User Identification Numbers are valid for a period of 12 months from the date of issuance. Subsequent renewals made before the expiration date of the number are valid the first day after the expiration of the currently valid number. Renewals made after the number expires are valid for a period of 12 months from the date of issuance.
(h) Display. – Notwithstanding G.S. 75A‑5(k), the Coastal Waterways User Identification Number shall be displayed on each side of the bow of the vessel.
(i) Penalty. – A person who fails to obtain and display the Coastal Waterways User Identification Number required by this section is responsible for an infraction as provided in G.S. 14‑3.1 and shall pay a fine equal to the amount of the fee for the applicable Coastal Waterways User Identification Number.
(j) Rule Making. – The Wildlife Resources Commission shall adopt rules to implement this section."
SECTION 14.6.(j) G.S. 75A‑5.2(c) reads as rewritten:
"(c) As compensation for services rendered to the Commission and to the general public, vessel agents shall receive the surcharge listed below. The surcharge shall be added to the fee for each certificate issued.
(1) Renewal of certificate of number – $3.00.
(2) Transfer of ownership and certificate of number – $5.00.
(3) Issuance of new certificate of number – $5.00.
(4) Issuance of duplicate certificate of number – $3.00.
(5) Issuance or transfer of certificate of title – $5.00.
(6) Issuance of new, duplicate, or renewal Coastal Waterways User Identification Number – $3.50."
SECTION 14.6.(k) The Wildlife Resources Commission shall disseminate information regarding the Coastal Waterways User Identification Number to the public in order to inform affected vessel owners of the Coastal Waterways User Identification Number requirements.
SECTION 14.6.(l) Coastal Waterways User Fee Administrative Costs. – Notwithstanding G.S. 75A‑3, of the funds to be transferred to the Shallow Draft Navigation Channel and Lake Dredging Fund pursuant to G.S. 75A‑3, the Wildlife Resources Commission may retain up to two hundred fifty thousand dollars ($250,000) in each fiscal year of the 2015‑2017 fiscal biennium to implement subsections (i), (j), and (k) of this section.
SECTION 14.6.(m) Amend Dare County Occupancy Tax. – Effective July 1, 2015, for net proceeds collected on or after that date, Chapter 449 of the 1985 Session Laws, as amended by Chapters 177 and 906 of the 1991 Session Laws, Part VII of S.L. 2001‑439, and Section 7 of S.L. 2010‑78, is amended by adding a new section to read:
"Sec. 3.3. Waterway Maintenance. – Notwithstanding any provision restricting the use of taxes authorized in this act, the county may use up to three million dollars ($3,000,000) of the net proceeds of the taxes authorized by Sections 3.1 and 3.2 of this act per fiscal year for maintenance of waterways located wholly or partially in the county. This section is repealed for fiscal years beginning on or after July 1, 2020."
SECTION 14.6.(n) Section 1 of S.L. 2013‑182 is repealed.
SECTION 14.6.(o) G.S. 153A‑132(i), as rewritten by S.L. 2013‑182, reads as rewritten:
"(i) A county may by ordinance prohibit the abandonment of vessels in navigable waters within the county's ordinance‑making jurisdiction, subject to the provisions of this subsection. The provisions of this section shall apply to abandoned vessels in the same manner that they apply to abandoned or junked motor vehicles to the extent that the provisions may apply to abandoned vessels. For purposes of this subsection, an "abandoned vessel" is one that meets any of the following:
(1) A vessel that is moored, anchored, or otherwise located for more than 30 consecutive days in any 180 consecutive‑day period without permission of the dock owner.
(2) A vessel that is in danger of sinking, has sunk, is resting on the bottom, or is located such that it is a hazard to navigation or is an immediate danger to other vessels.
Shipwrecks, vessels, cargoes, tackle, and other underwater archeological remains that have been in place for more than 10 years shall not be considered abandoned vessels and shall not be removed under the provisions of this section without the approval of the Department of Cultural Resources, which is the legal custodian of these properties pursuant to G.S. 121‑22 and G.S. 121‑23. This subsection applies only to the counties set out in G.S. 113A‑103(2)."
SECTION 14.6.(p) The Coastal Resources Commission shall amend its rules for the use of temporary erosion control structures to provide for all of the following:
(1) Allow the placement of temporary erosion control structures on a property that is experiencing coastal erosion even if there are no imminently threatened structures on the property if the property is adjacent to a property where temporary erosion control structures have been placed.
(2) Allow the placement of contiguous temporary erosion control structures from one shoreline boundary of a property to the other shoreline boundary, regardless of proximity to an imminently threatened structure.
(3) The termination date of all permits for contiguous temporary erosion control structures on the same property shall be the same and shall be the latest termination date for any of the permits.
(4) The replacement, repair, or modification of damaged temporary erosion control structures that are either legally placed with a current permit or legally placed with an expired permit, but the status of the permit is being litigated by the property owner.
SECTION 14.6.(q) The Coastal Resources Commission shall adopt temporary rules to implement subsection (p) of this section no later than December 31, 2015. The Commission shall also adopt permanent rules to implement this section.
SECTION 14.6.(r) Subsections (a) through (i) of G.S. 75A‑5.3, as enacted by subsection (i) of this section, become effective January 1, 2016.
USE OF OYSTER SHELLS PROHIBITED IN COMMERCIAL LANDSCAPING
SECTION 14.7.(a) Article 20 of Chapter 113 of the General Statutes is amended by adding a new section to read:
"§ 113‑270. Use of oyster shells by landscape contractors prohibited.
(a) No landscape contractor shall use oyster shells as a ground cover.
(b) Enforcement of the prohibition set forth in this section shall be under the jurisdiction of the Marine Fisheries Commission.
(c) For purposes of this section, landscape contractor shall have the definition set forth in G.S. 89D‑11."
SECTION 14.7.(b) This section is effective October 1, 2015.
CORE SOUND OYSTER LEASING
SECTION 14.8. The Division of Marine Fisheries of the Department of Environment and Natural Resources shall, in consultation with representatives of the commercial fishing industry, representatives of the shellfish aquaculture industry, and relevant federal agencies, create a proposal to open to shellfish cultivation leasing certain areas of Core Sound that are currently subject to a moratorium on shellfish leasing. The Division shall submit a report regarding the plan no later than April 1, 2016, to the Joint Legislative Commission on Governmental Operations.
AMEND SENATOR JEAN PRESTON MARINE SHELLFISH SANCTUARY LEGISLATION
SECTION 14.9. Section 44 of S.L. 2014‑120 reads as rewritten:
"SENATOR JEAN PRESTON MARINE SHELLFISH OYSTER SANCTUARY
PROGRAM
"SECTION 44.(a) It is the intent of the General
Assembly to establish a marine shellfish sanctuary in the Pamlico Sound to
be named in honor of former Senator Jean Preston, to be called the "Senator
Jean Preston Marine Shellfish Sanctuary."to enhance shellfish
habitats within the Albemarle and Pamlico Sounds and their tributaries to benefit
fisheries, water quality, and the economy. This will be achieved through the
establishment of a network of oyster sanctuaries, harvestable enhancement
sites, and coordinated support for the development of shellfish aquaculture. The network of oyster sanctuaries is to be named
in honor of Senator Jean Preston and shall be called the "Senator Jean
Preston Oyster Sanctuary Network".
"SECTION 44.(b) The Division of Marine Fisheries
of the Department of Environment and Natural Resources shall designate an area
of appropriate acreage within the Pamlico Sound as a recommendation to the
Environmental Review Commission for establishment of the "Senator Jean
Preston Marine Shellfish Sanctuary" and create a plan for managing the
sanctuary that includes develop a plan to construct and manage
additional oyster habitats. The new sanctuaries, along with selected existing
oyster sanctuaries, shall be included in the Senator Jean Preston Oyster
Sanctuary Network. The plan shall include the following components:
(1) Location and delineation of the sanctuary. – oyster
sanctuaries. – The plan should include a locationlocations
for the sanctuarysanctuary network components that minimizes minimize
the impact on commercial trawling. In addition, the sanctuary should be
gridded into areas leased to private parties for restoration and harvest and
areas operated and maintained by the State for restoration that are not open
for harvest. The leased and unleased areas should be arranged in a pattern
where leased squares are surrounded on four sides by unleased squares.The location of sanctuaries shall take into
account connectivity to existing oyster sanctuaries and proposed oyster
enhancement sites. New oyster sanctuaries shall be designed to provide hook‑and‑line
fishing while allowing the development of complex fish habitats and brood‑stock
oysters that will enhance recruitment in the surrounding reefs. The plan should
outline a 10‑year development project to accomplish the expansion.
(2) Administration. – The plan should include
the prices to be charged for the leased portions of the sanctuary, including an
administration fee to be retained by the Division to support the leasing and
monitoring program. The plan shall also provide that the balance of lease
payments collected by the Division be transferred to the General Fund with a
recommendation that some or all of the proceeds be used for the support of the
State's special education programs in memory of Senator Jean Preston.
(3) Enhancement of oyster habitat restoration. – The General Assembly finds that the lack of a reliable State‑based supply of oyster seed and inadequate funding for cultch planting are limitations to the expansion of oyster harvesting and the restoration of wild oyster habitat in North Carolina. Therefore, the plan should include the following:
a. Provisions and recommendations to facilitate the availability of oyster seed produced in North Carolina for wild oyster habitat restoration projects as well as oyster aquaculture and to reduce potential negative impacts from importation of non‑native oyster seed.
b. Plans, where feasible, for public‑private partnerships for State‑based production of viable oyster seed through the creation of one or more production hatcheries and recommendations for increased support of the existing research hatchery at UNC‑Wilmington.
c. Plans and cost estimates for an expansion of cultch planting in suitable areas of the State's coastal waters in order to expand areas suitable for development of wild oyster habitat.
(4) Economic relief. – The plan should consider a waiver of application fees and yearly rental fees for new shellfish leases for an established period of time to further promote and support shellfish aquaculture in North Carolina. The new leasing fee waiver program should include measures to discourage speculation and target persons with a genuine interest in starting a shellfish aquaculture business, such as a requirement that the lease be nontransferable for a five‑year period.
(5) Outreach. – The plan should include outreach and education that promotes, whenever possible, public‑private partnerships utilizing the Sea Grant College Program, local colleges, and other nongovernmental organizations to (i) encourage shellfish aquaculture and provide technical assistance to broaden cost‑effective technologies available to leaseholders; (ii) encourage best management practices to leaseholders; and (iii) inform fishermen and the public on the benefits provided by the Senator Jean Preston Oyster Sanctuary Network.
(6) Monitoring. – The plan should include a monitoring plan designed to (i) determine the success of oyster reef construction and (ii) evaluate the cost benefit of the oyster sanctuary network and harvestable enhancement sites.
(3)(7) Funding. – The plan should include a
request for appropriations sufficient to provide funds for the construction
of appropriate bottom habitat and shellfish seeding and for Division staff
necessary to conduct oyster restoration and monitoring activities. The plan
should provide that, whenever possible, construction and shellfish seeding be
carried out by contract with private entities.for Division staff to
expand oyster restoration and monitoring activities for 10 years. The plan
should provide that, whenever possible, public‑private partnerships are
employed to meet the construction, seeding, and outreach requirements of the
plan.
(4) Commercial fisherman relief. – To promote
the diversification of commercial fishing opportunities, the plan should
include a program to award free or discounted leases under this section to
commercial fishermen who (i) have held one or more commercial fishing licenses
continually for a period of 10 or more years and (ii) receive at least fifty
percent (50%) of their income from commercial fishing with those licenses.
(5)(8) Recommendations. – The plan should shall
include recommendations for statutory or regulatory changes needed to
expedite the expansion of shellfish restoration and harvesting in order to
improve water quality, restore ecological habitats, provide enhanced
recreational and commercial fishing opportunities, and expand the coastal
economy.
(9) No funding for sanctuaries in closed areas. – The plan shall provide that no funding or other resources shall be available in water bodies where a moratorium or other legal prohibition on shellfish leasing under Article 16 of Chapter 113 of the General Statutes is currently in effect. This subdivision does not apply to leasing moratoria imposed because the area is closed to shellfish harvesting or recommended for closure by the State Health Director due to pollution.
"SECTION 44.(c) No later than December 1,
2014, and quarterly thereafter until submission of a final plan to the
Environmental Review Commission, March 1, 2016, the Department of
Environment and Natural Resources shall report to the Environmental Review CommissionChairs
of the House of Representatives Appropriations Committee on Agriculture and
Natural and Economic Resources, the Senate Appropriations Committee on Natural
and Economic Resources, and the Fiscal Research Division regarding its
implementation of this section and its recommended plan."
SHELLFISH CULTIVATION LEASING REFORM
SECTION 14.10.(a) G.S. 113‑202(i) reads as rewritten:
"§ 113‑202. New and renewal leases for shellfish cultivation; termination of leases issued prior to January 1, 1966.
…
(i) After a lease application is approved by the
Secretary, the applicant shall submit to the Secretary a survey of the area
approved for leasing and information sufficient to define the bounds
of the area approved for leasing with markers in accordance with the rules of
the Commission. The survey information shall conform to standards
prescribed by the Secretary concerning accuracy of survey and the amount
of detail to be shown. When an acceptable survey information is
submitted, the boundaries are marked and all fees and rents due in advance are
paid, the Secretary shall execute the lease on forms approved by the Attorney
General. The Secretary is authorized, with the approval of the lessee, to amend
an existing lease by reducing the area under lease or by combining contiguous
leases without increasing the total area leased. The information required by
this subsection may be based on coordinate information produced using a device
equipped to receive global positioning system data."
SECTION 14.10.(b) G.S. 113‑202(j) reads as rewritten:
"(j) Initial leases begin upon the issuance of the
lease by the Secretary and expire at noon on the first day of July following
the fifth tenth anniversary of the granting of the lease. Renewal
leases are issued for a period of five 10 years from the time of
expiration of the previous lease. At the time of making application for renewal
of a lease, the applicant must pay a filing fee of one hundred dollars
($100.00). The rental for initial leases is one dollar ($1.00) per acre for
all leases entered into before July 1, 1965, and for all other leases until
noon on the first day of July following the first anniversary of the lease.
Thereafter, for initial leases entered into after July 1, 1965,leases
and from the beginning for renewals of leases entered into after that date, the
rental is ten dollars ($10.00) per acre per year. Rental must be paid annually
in advance prior to the first day of April each year. Upon initial granting of
a lease, the pro rata amount for the portion of the year left until the first
day of July must be paid in advance at the rate of one dollar ($1.00) per acre
per year; then, on or before the first day of April next, the lessee must pay
the rental for the next full year."
SECTION 14.10.(c) This section applies to shellfish lease applications received by the Department of Environment and Natural Resources on or after the date this act becomes law.
SIMPLIFY OYSTER RESTORATION PROJECT PERMITTING
SECTION 14.10A.(a) The Division of Marine Fisheries and Division of Coastal Management of the Department of Environment and Natural Resources shall, in consultation with representatives of nongovernmental conservation organizations working on oyster restoration, create a new permitting process specifically designed for oyster restoration projects that apply to oyster restoration projects instead of a major development permit under G.S. 113A‑118. The Department shall submit its report, including recommended legislation, to the Environmental Review Commission no later than May 1, 2016.
SECTION 14.10A.(b) Until the effective date of the revised permanent rule that the Coastal Resources Commission is required to adopt pursuant to subsection (d) of this section, the Commission and the Department of Environment and Natural Resources shall implement 15A NCAC 03O .0503(g) (Scientific or Educational Activity Permit) as provided in subsection (c) of this section.
SECTION 14.10A.(c) Notwithstanding 15A NCAC 03O .0503(g) (Scientific or Educational Activity Permit), the Division of Marine Fisheries may issue a scientific or educational activity permit for approved activities conducted by or under the direction of a nongovernmental conservation organization in addition to a scientific or educational institution. For purposes of this section, a nongovernmental conservation organization is defined as an organization whose primary mission is the conservation of natural resources.
SECTION 14.10A.(d) The Environmental Management Commission shall adopt rules to amend 15A NCAC 03O .0503(g) and any other cross‑referenced rules consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this subsection shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this subsection are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this subsection shall become effective as provided in G.S. 150B‑21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B‑21.3(b2).
SECTION 14.10A.(e) This section is effective when this act becomes law. Subsection (c) of this section expires on the date that rules adopted pursuant to subsection (d) of this section become effective.
SCFL EXEMPTION FOR EMPLOYEES OF LEASEHOLDER
SECTION 14.10B. G.S. 113‑169.2 reads as rewritten:
"§ 113‑169.2. Shellfish license for North Carolina residents without a SCFL.
(a) License or Endorsement Necessary to Take or Sell Shellfish Taken by Hand Methods. – It is unlawful for an individual to take shellfish from the public or private grounds of the State as part of a commercial fishing operation by hand methods without holding either a shellfish license or a shellfish endorsement of a SCFL. A North Carolina resident who seeks only to take shellfish by hand methods and sell such shellfish shall be eligible to obtain a shellfish license without holding a SCFL. The shellfish license authorizes the licensee to sell shellfish.
(a1) License Necessary to Take or Sell Shellfish Taken
by Mechanical Means. – Subject to Except as provided in subsection
(i) of this section, an individual who takes shellfish from the public or
private grounds of the State by mechanical means must obtain an SCFL under the
provisions of G.S. 113‑168.2.
…
(i) Taking Shellfish Without a License for Personal Use.Use
or as Employee of Certain License Holders. – Shellfish may be taken without
a license for under the following circumstances:
(1) For personal use in quantities established by rules of the Marine Fisheries Commission.
(2) When the taking is from an area leased for the cultivation of shellfish under Article 16 of this Chapter by a person who is an employee of a leaseholder holding a valid SCFL issued under the provisions of G.S. 113‑168.2."
Water Column Leasing Clarification
SECTION 14.10C.(a) G.S. 113‑201.1(5) reads as rewritten:
"(5) "Water column" means the vertical
extent of water, including the surface thereof, above a designated area
of submerged bottom land."
SECTION 14.10C.(b) G.S. 113‑202 is amended by adding a new subsection to read:
"(r) A lease under this section shall include the right to place devices or equipment related to the cultivation or harvesting of marine resources on or within 18 inches of the leased bottom. Devices or equipment not resting on the bottom or extending more than 18 inches above the bottom will require a water column lease under G.S. 113‑202.1."
SECTION 14.10C.(c) G.S. 113‑202.1 reads as rewritten:
"§ 113‑202.1. Water column leases for aquaculture.
…
(c) The Secretary shall not amend shellfish
cultivation leases to authorize use uses of the water column involving
devices or equipment not resting on the bottom or that extend more than 18
inches above the bottom unless:
(1) The leaseholder submits an application, accompanied by a nonrefundable application fee of one hundred dollars ($100.00), which conforms to the standards for lease applications in G.S. 113‑202(d) and the duly adopted rules of the Commission;
(2) The proposed amendment has been noticed consistent with G.S. 113‑202(f);
(3) Public hearings have been conducted consistent with G.S. 113‑202(g);
(4) The aspects of the proposals which require use and dedication of the water column have been documented and are recognized by the Secretary as commercially feasible forms of aquaculture which will enhance shellfish production on the leased area;
(5) It is not feasible to undertake the aquaculture activity outside of coastal fishing waters; and
(6) The authorized water column use has the least disruptive effect on other public trust uses of the waters of any available technology to produce the shellfish identified in the proposal.
…."
SECTION 14.10D. The Joint Legislative Oversight Committee on Natural and Economic Resources created by this act shall convene a stakeholder working group to study and advance efforts to ecologically restore the resource and achieve economic stability of the shellfish aquaculture industry, including (i) how best to spend financial resources to counter declining oyster populations and habitats; (ii) the use of nonnative oyster species to accomplish oyster restoration; (iii) means of combating oyster disease and managing harvesting practices to balance the needs of the industry and promote long‑term viability and health of oyster habitat and substrate; (iv) economic aquaculture methods to improve oyster stock and populations; (v) long‑term, dedicated options for funding sources and water quality improvements; (vi) means to increase oyster production for both population growth and harvest; (vii) options that expand the use of private hatchery capacity in the State; (viii) options for promoting the use of cultch planting to enhance and increase oyster habitat and population; (ix) other resources that might be leveraged to enhance reform efforts; and (x) any other issue the Committee deems relevant. In the conduct of this study, the Committee may consult with representatives of the North Carolina Division of Marine Fisheries, the Marine Fisheries Commission, nature conservation entities, and commercial and recreational oyster harvesting industries and with experts in the fields of marine biology and marine ecology. The Department of Environment and Natural Resources shall provide any information and personnel requested by the Committee in the conduct of this study.
Fishery Management Plan Procedures
SECTION 14.10E.(a) The Marine Fisheries Commission shall study its procedures for adoption of temporary supplemental management measures to the State's fishery management plans. The study shall include a review of the opportunities provided in the process for public input and comment from commercial and recreational fishing interests, local governments, environmental and conservation nonprofits, and other stakeholders, and an assessment of whether economic impact of a proposed measure is adequately addressed in the formulation, approval, and implementation of temporary supplemental management measures. The Commission shall report no later than May 1, 2016, to the chairs of the Senate Natural and Economic Resources Committee, the chairs of the House Agriculture and Natural and Economic Resources Committee, and the Fiscal Research Division.
SECTION 14.10E.(b) The Marine Fisheries Commission shall not adopt any temporary supplemental management measures to the State's fishery management plans until the study required by this section has been submitted or July 1, 2016, whichever occurs later.
DIVISION OF MARINE FISHERIES/NO JOINT ENFORCEMENT AGREEMENTS
SECTION 14.10F.(a) G.S. 113‑224 reads as rewritten:
"§ 113‑224. Cooperative agreements by Department.
(a) The Except as otherwise provided in this
section, the Department is empowered to enter into cooperative agreements
with public and private agencies and individuals respecting the matters
governed in this Subchapter. Pursuant to such agreements the Department may
expend funds, assign employees to additional duties within or without the State,
assume additional responsibilities, and take other actions that may be required
by virtue of such agreements, in the overall best interests of the conservation
of marine and estuarine resources.
(b) The Fisheries Director or a designee of the Fisheries Director may not enter into an agreement with the National Marine Fisheries Service of the United States Department of Commerce allowing Division of Marine Fisheries inspectors to accept delegation of law enforcement powers over matters within the jurisdiction of the National Marine Fisheries Service."
SECTION 14.10F.(b) G.S. 128‑1.1(c2) is repealed.
Commercial Fishing For‑Hire Logbook
SECTION 14.10G.(a) G.S. 113‑174.3(e), as enacted by subsection 14.8(o) of S.L. 2013‑360, reads as rewritten:
"(e) Each individual who obtains a for‑hire
license shall may submit to the Division logbooks summarizing
catch and effort statistical data to the Division. The Commission may adopt
rules that determine the means and methods to satisfy the requirements of this
subsection."
SECTION 14.10G.(b) Section 14.8(ab) of S.L. 2013‑360 reads as rewritten:
"SECTION 14.8.(ab) This G.S. 113‑174.3(e),
as enacted by subsection 14.8(o) of this section, becomes effective January 1,
2016. The remainder of this section becomes effective August 1, 2013."
SECTION 14.10G.(c) Prior to any further implementation of subsection 14.8(o) of S.L. 2013‑360, the Division of Marine Fisheries shall conduct a 12‑month implementation process to include seeking input from stakeholders with regard to the requirement and public workshops to provide education for persons subject to the requirement. The process shall also include the establishment of a stakeholder advisory group that includes persons who are for‑hire license holders representing all major recreational fishing areas on the North Carolina coast. The Division shall review and provide a written response to any issues raised by the advisory group and shall report to the Environmental Review Commission no later than January 15, 2016, regarding the implementation process required by this section.
DISCLOSURE OF PERSONAL IDENTIFYING INFORMATION
SECTION 14.10H.(a) G.S. 143‑254.5 reads as rewritten:
"§ 143‑254.5. Disclosure of personal identifying information.
Social security numbers and identifying information obtained by the Commission shall be treated as provided in G.S. 132‑1.10. For purposes of this section, "identifying information" also includes a person's mailing address, residence address, e‑mail address, date of birth, and telephone number."
SECTION 14.10H.(b) G.S. 143B‑289.52(h) reads as rewritten:
"(h) Social security numbers and identifying information obtained by the Commission or the Division of Marine Fisheries shall be treated as provided in G.S. 132‑1.10. For purposes of this subsection, "identifying information" also includes a person's mailing address, residence address, e‑mail address, date of birth, and telephone number."
SECTION 14.10I.(a) The Division of Coastal Management shall study and develop a proposed strategy for preventing, mitigating, and remediating the effects of beach erosion. The study shall consider efforts by other states and countries to prevent beach erosion and ocean overwash and to renourish and sustain beaches and coastlines and incorporate best practices into the strategy.
SECTION 14.10I.(b) By February 15, 2016, the Division of Coastal Management shall report to the Environmental Review Commission, the chairs of the Senate Appropriations Committee on Natural and Economic Resources and the House Appropriations Committee on Agriculture, Natural, and Economic Resources, and the Fiscal Research Division on the results of the study and its proposed strategy as required by subsection (a) of this section, including any legislative recommendations.
DYNAMIC PRICING FOR STATE PARKS AND ATTRACTIONS
SECTION 14.11.(a) G.S. 150B‑1(d) reads as rewritten:
"§ 150B‑1. Policy and scope.
…
(d) Exemptions from Rule Making. – Article 2A of this Chapter does not apply to the following:
…
(26) The Board of Agriculture in the Department of
Agriculture and Consumer Services with respect to annual the
following:
a. Annual admission fees for the State Fair.
b. Operating hours, admission fees, or related activity fees at State forests.
The Board shall annually post the
admission fee and operating hours schedule on its Web site and provide
notice of the fee schedule, along with a citation to this section, to
all persons named on the mailing list maintained pursuant to G.S. 150B‑21.2(d).
(27) The Department of Environment and Natural Resources with respect to operating hours, admission fees, or related activity fees at:
a. The North Carolina Zoological Park pursuant to G.S. 143B‑335.
b. State parks pursuant to G.S. 113‑35.
c. The North Carolina Aquariums pursuant to G.S. 143B‑289.44.
d. The North Carolina Museum of Natural Sciences.
The exclusion from rule making for the setting of operating hours set forth in this subdivision shall not apply to a decision to eliminate all public operating hours for the sites and facilities listed."
SECTION 14.11.(b) The Department of Environment and Natural Resources, or any other department given responsibilities for the North Carolina Zoological Park, State parks, the North Carolina Museum of Natural Sciences, and the North Carolina Aquariums, may establish admission fees and related activity fees. In setting these fees, the Department of Environment and Natural Resources shall use a dynamic pricing strategy as defined in subsection (e) of this section. Any rule currently in the Administrative Code related to fees covered by subsection (a) of this section is ineffective and repealed upon the effective date of new admission fees and related activity fees adopted by the Department under the authority set out in that subsection. Notice of the initial adoption of new admission fees and related activity fees under subsection (a) of this section shall be given by the Department to the Codifier of Rules, who, upon receipt of notice of the initial adoption of new admission fees and related activity fees by the Department, shall note the repeal of these rules in the Administrative Code.
SECTION 14.11.(c) The Department of Cultural Resources may establish admission fees and related activity fees authorized by G.S. 121‑7.3 for historic sites and museums. In setting these fees, the Department shall use a dynamic pricing strategy as defined in subsection (e) of this section.
SECTION 14.11.(d) The Department of Agriculture and Consumer Services may establish admission fees and related activity fees authorized by G.S. 106‑877 for State forests. In setting these fees, the Department shall use a dynamic pricing strategy as defined in subsection (e) of this section.
SECTION 14.11.(e) For purposes of this section, "dynamic pricing" is the adjustment of fees for admission and related activities from time to time to reflect market forces, including seasonal variations and special event interests, with the intent and effect to maximize revenues from use of these State resources to the extent practicable to offset appropriations from the General Assembly.
SECTION 14.11.(f) No later than March 1, 2016, the Department of Environment and Natural Resources, the Department of Cultural Resources, and the Department of Agriculture and Consumer Services shall submit a report on implementation of the new pricing strategy to the Environmental Review Commission, including an evaluation of the feasibility and obstacles to charging new entrance or admission fees at other attractions not subject to this section.
SECTION 14.11.(g) This part applies to admission fees or related activity fees charged on or after the effective date of this act.
WATER INFRASTRUCTURE AUTHORITY REVISIONS
SECTION 14.13.(a) G.S. 159G‑20(1) is recodified as G.S. 159G‑20(1a), and G.S. 159G‑20(1a) is recodified as G.S. 159G‑20(1c).
SECTION 14.13.(b) G.S. 159G‑20, as amended by subsection (a) of this section, reads as rewritten:
"§ 159G‑20. Definitions.
The following definitions apply in this Chapter:
(1) Affordability. – The relative affordability of a project for a community compared to other communities in North Carolina based on factors that shall include, at a minimum, water and sewer service rates, median household income, poverty rates, employment rates, the population of the served community, and past expenditures by the community on water infrastructure compared to that community's capacity for financing of water infrastructure improvements.
(1a) Asset management plan. – The strategic and systematic application of management practices applied to the infrastructure assets of a local government unit in order to minimize the total costs of acquiring, operating, maintaining, improving, and replacing the assets while at the same time maximizing the efficiency, reliability, and value of the assets.
(1b) Authority. – The State Water Infrastructure Authority created and established pursuant to Article 5 of this Chapter.
…
(9) High‑unit‑cost project. – A
project that results in an estimated average household user fee for water and
sewer service in the area served by the project in excess of the high‑unit‑cost
threshold. The average household user fee is calculated for a continuous 12‑month
period.
(10) High‑unit‑cost threshold. –
Either of the following amounts determined on the basis of data from the most
recent federal decennial census and updated by the U.S. Department of Housing
and Urban Development's annual estimated income adjustment factors:
a. One and one‑half percent (1.5%) of
the median household income in an area that receives both water and sewer
service.
b. Three‑fourths of one percent (3/4%)
of the median household income in an area that receives only water service or
only sewer service.
…
(13) Local government unit. – Any of the following:
a. A city as defined in G.S. 160A‑1.
b. A county.
c. A consolidated city‑county as defined in G.S. 160B‑2.
d. A county water and sewer district created pursuant to Article 6 of Chapter 162A of the General Statutes.
e. A metropolitan sewerage district or a metropolitan water district created pursuant to Article 4 of Chapter 162A of the General Statutes.
f. A water and sewer authority created under Article 1 of Chapter 162A of the General Statutes.
g. A sanitary district created pursuant to Part 2 of Article 2 of Chapter 130A of the General Statutes.
h. A joint agency created pursuant to Part 1 of Article 20 of Chapter 160A of the General Statutes.
i. A joint agency that was created by agreement between two cities and towns to operate an airport pursuant to G.S. 63‑56 and that provided drinking water and wastewater services off the airport premises before 1 January 1995.
(13a) Merger. – The consolidation of two or more water and/or sewer systems into one system with common ownership, management, and operation.
(14) Nonprofit water corporation. – A nonprofit corporation that is incorporated under Chapter 55A of the General Statutes solely for the purpose of providing drinking water or wastewater services and is an eligible applicant for a federal loan or grant from the Rural Utility Services Division, U.S. Department of Agriculture.
(15) Public water system. – Defined in G.S. 130A‑313.
(16) Regionalization. – The physical interconnecting of an eligible entity's wastewater system to another entity's wastewater system for the purposes of providing regional treatment or the physical interconnecting of an eligible entity's public water system to another entity's water system for the purposes of providing regional water supply.
…
(21) Targeted interest rate project. – Either of the following types of projects:
a. A high‑unit‑cost project that is
awarded a loan.A project that is awarded a loan from the Drinking Water
Reserve or the Wastewater Reserve based on affordability.
b. A project that is awarded a loan from the CWSRF or the DWSRF and is in a category for which federal law encourages a special focus.
…."
SECTION 14.13.(c) G.S. 159G‑23 reads as rewritten:
"§ 159G‑23.
Common criteriaPriority consideration for loan or grant from
Wastewater Reserve or Drinking Water Reserve.
The criteria considerations for priority in this
section apply to a loan or grant from the Wastewater Reserve or the Drinking
Water Reserve. The Division of Water Infrastructure must establish a system
of assigning points to applications based on the following criteria:consider
the following items when evaluating applications:
(1) Public necessity. – An applicant must explain
how the projectA project that promotes public health and protects
the environment. A project thatenvironment, improves a system
that is not in compliance with permit requirements or is under orders from the
Department, enables a moratorium to be lifted, or replaces failing septic tanks
with a wastewater collection system has priority.system.
(2) Effect on impaired waters. – A project that
improves designated impaired waters of the State has priority.State.
(3) Efficiency. – A project that achieves efficiencies
in meeting the State's water infrastructure needs or reduces vulnerability to
drought consistent with Part 2A of Article 21 and Article 38 of Chapter 143 of
the General Statutes by one of the following methods has priority:methods:
a. The combination of two or more wastewater or public water systems into a regional wastewater or public water system by merger, consolidation, or another means.
b. Conservation or reuse of water, including bulk water reuse facilities and waterlines to supply reuse water for irrigation and other approved uses.
c. Construction of an interconnection between water systems intended for use in drought or other water shortage emergency.
d. Repair or replacement of leaking waterlines to improve water conservation and efficiency or to prevent contamination.
e. Replacement of meters and installation of new metering systems.
(4) Comprehensive land‑use plan. – A project that
is located in a city or county that has adopted or has taken significant steps
to adopt a comprehensive land‑use plan under Article 18 of Chapter 153A
of the General Statutes or Article 19 of Chapter 160A of the General Statutes
has priority over a project located in a city or county that has not adopted a
plan or has not taken steps to do so.Statutes. The existence of a
plan has more priority than steps taken to adopt a plan, such as adoption of a
zoning ordinance. A plan that exceeds the minimum State standards for
protection of water resources has more higher priority than one
that does not. A project is considered to be located in a city or county if it
is located in whole or in part in that unit. A land‑use plan is not
considered a comprehensive land‑use plan unless it has provisions that
protect existing water uses and ensure compliance with water quality standards
and classifications in all waters of the State affected by the plan.
(5) Flood hazard ordinance. – A project that is located
in a city or county that has adopted a flood hazard prevention ordinance under G.S. 143‑215.54A
has priority over a project located in a city or county that has not adopted an
ordinance.G.S. 143–215.54A. A plan that exceeds the minimum
standards under G.S. 143‑215.54A for a flood hazard prevention
ordinance has more higher priority than one that does not. A
project is considered to be located in a city or county if it is located in
whole or in part in that unit. If no part of the service area of a project is
located within the 100‑year floodplain, the project has the same
priorityequal consideration under this subdivision as if it were
located in a city or county that has adopted a flood hazard prevention
ordinance. The most recent maps prepared pursuant to the National Flood
Insurance Program or approved by the Department determine whether an area is
within the 100‑year floodplain.
(6) Sound management. – A project submitted by a local
government unit that has demonstrated a willingness and ability to meet its
responsibilities through sound fiscal policies and efficient operation and management
has priority.management.
(6a) Asset management plan. – A project submitted by a
local government unit with more than 1,000 service connections that has
developed and is implementing an asset management plan has priority over a
project submitted by a local government unit with more than 1,000 service
connections that has not developed or is not implementing an asset management
plan.plan.
(7) Capital improvement plan. – A project that
implements the applicant's capital improvement plan for the wastewater system
or public water system it manages has priority over a project that does not
implement a capital improvement plan. To receive priority, amanages, so
long as the capital improvement plan must setsets out the
applicant's expected water infrastructure needs for at least 10 years.
(8) Coastal habitat protection. – A project that
implements a recommendation of a Coastal Habitat Protection Plan adopted by the
Environmental Management Commission, the Coastal Resources Commission, and the
Marine Fisheries Commission pursuant to G.S. 143B‑279.8 has
priority over other projects that affect counties subject to that Plan.G.S. 143B‑279.8.
If no part of the service area of a project is located within a county subject
to that Plan, the project has equal priority under this subdivision with a
project that receives priority under this subdivision.
(9) High‑unit‑cost threshold. – A high‑unit‑cost
project has priority over projects that are not high‑unit‑cost
projects. The priority given to a high‑unit‑cost project shall be
set using a sliding scale based on the amount by which the applicant exceeds
the high‑unit‑cost threshold.Affordability. – The relative
affordability of a project for a community compared to other communities in
North Carolina.
(10) Merger and Regionalization. – A project to
provide for the planning of regional public water and wastewater systems, to
provide for the orderly coordination of local actions relating to public water
and wastewater systems, or to help realize economies of scale in regional
public water and wastewater systems through consolidation, management, merger,
or interconnection of public water and wastewater systems has priority.systems.
If an applicant demonstrates that it is not feasible for the project to include
regionalization, the funding agency shall assign the project the same priority under
this subdivision as a project that includes regionalization.
(11) State water supply plan. – A project that addresses
a potential conflict between local plans or implements a measure in which local
water supply plans could be better coordinated, as identified in the State
water supply plan pursuant to G.S. 143‑355(m), has priority.G.S. 143‑355(m).
(12) Water conservation measures for drought. – A project
that includes adoption of water conservation measures by a local government
unit that are more stringent than the minimum water conservation measures
required pursuant to G.S. 143‑355.2 has priority.G.S. 143–355.2.
(13) Low‑income residents. – A project that is
located in an area annexed by a municipality under Article 4A of Chapter 160A
of the General Statutes in order to provide water or sewer services to low‑income
residents has priority. For purposes of this section, low‑income
residents are those with a family income that is eighty percent (80%) or less
of median family income.residents."
SECTION 14.13.(c1) G.S. 159G‑31 reads as rewritten:
"§ 159G‑31. Entities eligible to apply for loan or grant.
(a) A local government unit or a nonprofit water corporation is eligible to apply for a loan or grant from the CWSRF, the DWSRF, the Wastewater Reserve, or the Drinking Water Reserve. An investor‑owned drinking water corporation is also eligible to apply for a loan or grant from the DWSRF. Other entities are not eligible for a loan or grant from these accounts.
(b) Entities eligible in subsection (a) of this section for grants from the Wastewater Reserve and the Drinking Water Reserve may be limited, based on affordability, to a portion of the total construction costs for the project types defined in G.S. 159G‑33(a)(2) and G.S. 159G‑34(a)(2).
(c) To the extent that funds are available, loans shall be considered for the portion of construction costs not eligible for grant funding."
SECTION 14.13.(d) G.S. 159G‑33(a)(4) is recodified as G.S. 159G‑33(a)(5).
SECTION 14.13.(e) G.S. 159G‑33(a), as amended by subsection (d) of this section, reads as rewritten:
"(a) Types. – The Department is authorized to make the types of loans and grants listed in this subsection from the Wastewater Reserve. Each type of loan or grant must be administered through a separate account within the Wastewater Reserve.
(1) General. – Loan. – A loan or grant
is available for a project authorized in G.S. 159G‑32(b).
(2) High‑unit‑costProject
grant. – A high‑unit‑costproject grant is available
for a portion of the portion of the construction costs of a
wastewater collection system project orproject, a wastewater
treatment works project that results in an estimated average household user
fee for water and sewer service in the area served by the project that exceeds
the high‑unit‑cost threshold.project, or a stormwater
quality project as authorized in G.S. 159G‑32(b).
(3) Technical assistanceMerger/regionalization
feasibility grant. – A technical assistancemerger/regionalization
feasibility grant is available to determine the best way to correct the
deficiencies in a wastewater collection system or wastewater treatment works
that either is not in compliance with its permit limits or, as identified in the
most recent inspection report by the Department under G.S. 143‑215.3,
is experiencing operational problems and is at risk of violating its permit
limits.feasibility of consolidating the management of multiple utilities
into a single utility operation or to provide regional treatment and the best
way of carrying out the consolidation or regionalization. The Department shall
not make a loan or grant under this subdivision for a merger or regionalization
proposal that would result in a new surface water transfer regulated under G.S. 143‑215.22L.
(4) Asset inventory and assessment grant. – An asset inventory and assessment grant is available to inventory the existing water and/or sewer system and document the condition of the inventoried infrastructure.
(5) Emergency loan. – An emergency loan is available in the event the Secretary certifies that a serious public health hazard related to the inadequacy of an existing wastewater collection system or wastewater treatment works is present or imminent in a community."
SECTION 14.13.(f) G.S. 159G‑34(a)(4) is recodified as G.S. 159G‑34(a)(5).
SECTION 14.13.(g) G.S. 159G‑34(a), as amended by subsection (f) of this section, reads as rewritten:
"(a) Types. – The Department is authorized to make the types of loans and grants listed in this section from the Drinking Water Reserve. Each type of loan or grant must be administered through a separate account within the Drinking Water Reserve.
(1) General. – Loan. – A loan or grant
is available for a project for a public water system.
(2) High‑unit‑costProject
grant. – A project grant is available for the a portion of
the construction costs of a public water system project that results in an
estimated average household user fee for water and sewer service in the area
served by the project that exceeds the high‑unit‑cost threshold.as
defined in G.S. 159G‑32(c).
(3) Technical assistanceMerger/regionalization
feasibility grant. – A technical assistancemerger/regionalization
grant is available to determine the best way to correct the deficiencies in
a public water system that does not comply with State law or the rules adopted
to implement that law.feasibility of consolidating the management of
multiple utilities into a single utility operation or to provide regional water
supply and the best way of carrying out the consolidation or regionalization.
The Department shall not make a loan or grant under this subdivision for a
merger or regionalization proposal that would result in a new surface water
transfer regulated under G.S. 143‑215.22L.
(4) Asset inventory and assessment grant. – An asset inventory and assessment grant is available to inventory the existing water and/or sewer system and document the condition of the inventoried infrastructure.
(5) Emergency loan. – An emergency loan is available to an applicant in the event the Secretary certifies that either a serious public health hazard or a drought emergency related to the water supply system is present or imminent in a community."
SECTION 14.13.(h) G.S. 159G‑35 reads as rewritten:
"§ 159G‑35. Criteria for loans and grants.
(a) CWSRF and DWSRF. – Federal law determines the
criteria for awarding a loan or grant from the CWSRF or the DWSRF. An award of
a loan or grant from one of these accounts must meet the criteria set under federal
law. The Department is directed to establish through negotiation with the
United States Environmental Protection Agency the criteria for evaluating
applications for loans and grants from the CWSRF and the DWSRF and the priority
assigned to the criteria. The Department must incorporate the negotiated
criteria and priorities in the Capitalization Grant Operating Agreement between
the Department and the United States Environmental Protection Agency. The
criteria and priorities incorporated in the Agreement apply to a loan or grant
from the CWSRF or the DWSRF. The common criteriapriority considerations
in G.S. 159G‑23 do not apply to a loan or grant from the CWSRF or
the DWSRF.
(b) Reserves. – The common criteriapriority considerations
in G.S. 159G‑23 apply to a loan or grant from the Wastewater Reserve
or the Drinking Water Reserve. The Department may establish by rule other
criteria that apply to a loan or grant from the Wastewater Reserve or the
Drinking Water Reserve."
SECTION 14.13.(i) G.S. 159G‑36(c) reads as rewritten:
"(c) Reserve Recipient Limit. – The following
limits apply to a the loan or grant types made from the
Wastewater Reserve or the Drinking Water Reserve to the same local government
unit or nonprofit water corporation:
(1) The amount of loans awarded for a fiscal year may not exceed three million dollars ($3,000,000).
(2) The amount of loans awarded for three consecutive fiscal years for targeted interest rate projects may not exceed three million dollars ($3,000,000).
(3) The amount of high‑unit‑costproject
grants awarded for three consecutive fiscal years may not exceed three million
dollars ($3,000,000).
(4) The amount of technical assistancemerger/regionalization
feasibility grants awarded for three consecutive fiscal years may not exceed
fifty thousand dollars ($50,000).
(5) The amount of asset inventory and assessment grants awarded for three consecutive fiscal years may not exceed one hundred fifty thousand dollars ($150,000)."
SECTION 14.13.(j) The Division of Water Infrastructure of the Department of Environment and Natural Resources shall report to the Environmental Review Commission and the Fiscal Research Division regarding its implementation of the relative affordability of projects criteria for grants from the Wastewater Reserve or Drinking Water Reserve set forth in G.S. 159G‑23(9), as amended by subsection (c) of this section, within 30 days of the adoption of the affordability criteria.
WATER INFRASTRUCTURE STATE MATCH SURPLUS FUNDS
SECTION 14.14. Notwithstanding G.S. 159G‑22, funds appropriated in this act to the Division of Water Infrastructure for the Clean Water State Revolving Fund and the Drinking Water State Revolving Fund to provide State matching funds that are in excess of the amount required to draw down the maximum amount of federal capitalization grant funds may be used for State water and wastewater infrastructure grants awarded from the Wastewater Reserve and the Drinking Water Reserve that benefit rural and economically distressed areas of the State.
Encourage Interconnection of Public Water Systems
SECTION 14.14A.(a) G.S. 130A‑317 is amended by adding a new subsection to read:
"(g) The Department shall identify systems meeting all of the following criteria:
(1) As constructed or altered, the system appears capable of interconnectivity with another system or systems located within the same river basin, as set out in G.S. 143‑215.22.
(2) The system appears to have adequate unallocated capacity to expand.
(3) Interconnectivity would promote public health, protect the environment, or ensure compliance with established drinking water rules.
The Department shall notify the identified systems of the potential for interconnectivity in the future. The systems so notified may discuss options for potential interconnectivity, including joint operations, regionalization, or merger. The Local Government Commission shall be copied on the notice from the Department and shall assist the systems with any questions regarding liabilities of the systems and alterations to the operational structure of the systems."
SECTION 14.14A.(b) The Commission for Public Health may adopt rules to implement G.S. 130A‑317, as amended by this section.
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES/CLOSE CERTAIN SPECIAL FUNDS
SECTION 14.16.(a) The Office of State Budget and Management, in conjunction with the Office of the State Controller and the Department of Environment and Natural Resources, shall transfer the unencumbered cash balances in the following funds as of June 30, 2015, to the Department's General Fund budget and then close each of these special funds:
(1) Mining Fees (Special Fund Code 24300‑2745).
(2) Mining Interest (Special Fund Code 24300‑2610).
(3) Storm Water Permits (Special Fund Code 24300‑2750).
(4) UST Soil Permitting (Special Fund Code 24300‑2391).
SECTION 14.16.(b) G.S. 74‑54.1(b) reads as rewritten:
"(b) The Mining Account is established as a
nonreverting account within the Department. Fees collected under this
section shall be credited to the Mining Account General Fund and
shall be applied to the costs of administering this Article."
SECTION 14.16.(c) G.S. 130A‑309.17(i) is repealed.
SECTION 14.16.(d) G.S. 143‑215.3A(a) reads as rewritten:
"(a) The Water and Air Quality Account is established as an account within the Department. Revenue in the Account shall be applied to the costs of administering the programs for which the fees were collected. Revenue credited to the Account pursuant to G.S. 105‑449.43, G.S. 105‑449.125, and G.S. 105‑449.136 shall be used to administer the air quality program. Any funds credited to the Account from fees collected for laboratory facility certifications under G.S. 143‑215.3(a)(10) that are not expended at the end of each fiscal year for the purposes for which these fees may be used under G.S. 143‑215.3(a)(10) shall revert. Any other funds credited to the Account that are not expended at the end of each fiscal year shall not revert. Except for the following fees, all application fees and permit administration fees collected by the State for permits issued under Articles 21, 21A, 21B, and 38 of this Chapter shall be credited to the Account:
(1) Fees collected under Part 2 of Article 21A and credited to the Oil or Other Hazardous Substances Pollution Protection Fund.
(2) Fees credited to the Title V Account.
(3) Repealed by Session Laws 2005‑454, s. 7, effective January 1, 2006.
(4) Fees collected under G.S. 143‑215.28A.
(5) Fees collected under G.S. 143‑215.94C shall be credited to the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund.
(6) Fees collected under G.S. 143‑215.3D for the following permits and certificates shall be credited to the General Fund for use by the Department to administer the program for which the fees were collected:
a. Stormwater permits and certificates of general permit coverage authorized under G.S. 143‑214.7.
b. Permits to apply petroleum contaminated soil to land authorized under G.S. 143‑215.1."
SECTION 14.16.(e) The transfers in subsection (a) of this section are to offset reductions in General Fund appropriations to the Department of Environment and Natural Resources for the 2015‑2016 fiscal year. Fee receipts previously deposited to the funds listed in subsection (a) of this section shall be budgeted to support the programs and functions previously supported by those funds.
Phaseout of Noncommercial Leaking UST Fund
SECTION 14.16A.(a) G.S. 143‑215.94B(b) reads as rewritten:
"(b) The Commercial Fund shall be used for the payment of the following costs up to an aggregate maximum of one million dollars ($1,000,000) per occurrence resulting from a discharge or release of a petroleum product from a commercial underground storage tank:
(1) For discharges or releases discovered or reported between 30 June 1988 and 31 December 1991 inclusive, the cleanup of environmental damage as required by G.S. 143‑215.94E(a) in excess of fifty thousand dollars ($50,000) per occurrence.
(2) For discharges or releases discovered on or after 1 January 1992 and reported between 1 January 1992 and 31 December 1993 inclusive, the cleanup of environmental damage as required by G.S. 143‑215.94E(a) in excess of twenty thousand dollars ($20,000) per occurrence.
(2a) For discharges or releases discovered and reported on or after 1 January 1994 and prior to 1 January 1995, the cleanup of environmental damage as required by G.S. 143‑215.94E(a) in excess of twenty thousand dollars ($20,000) if the owner or operator (i) notifies the Department prior to 1 January 1994 of its intent to permanently close the tank in accordance with applicable regulations or to upgrade the tank to meet the requirements that existing underground storage tanks must meet by 22 December 1998, (ii) commences closure or upgrade of the tank prior to 1 July 1994, and (iii) completes closure or upgrade of the tank prior to 1 January 1995.
(3) For discharges or releases reported on or after 1 January 1994, the cleanup of environmental damage as required by G.S. 143‑215.94E(a) in excess of twenty thousand dollars ($20,000) if, prior to the discharge or release, the commercial underground storage tank from which the discharge or release occurred met the performance standards applicable to tanks installed after 22 December 1988 or met the requirements that existing underground storage tanks must meet by 22 December 1998.
(4) For discharges or releases reported on or after 1 January 1994 from a commercial underground storage tank that does not qualify under subdivision (2a) of this subsection or does not meet the standards in subdivision (3) of this subsection, sixty percent (60%) of the costs per occurrence of the cleanup of environmental damage as required by G.S. 143‑215.94E(a) that exceeds twenty thousand dollars ($20,000) but is not more than one hundred fifty‑seven thousand five hundred dollars ($157,500) and one hundred percent (100%) of the costs above this amount, up to the limits established in this section.
(5) Compensation to third parties for bodily injury and property damage in excess of one hundred thousand dollars ($100,000) per occurrence.
(6) Reimbursing the State for damages or other costs incurred as a result of a loan from the Loan Fund. The per occurrence limit does not apply to reimbursements to the State under this subdivision.
(7) Recordation of residual petroleum as required by G.S. 143B‑279.11 if the Commercial Fund is responsible for the payment of costs under subdivisions (1) through (4) of this subsection.
(8) The costs of a site investigation required by the Department for the purpose of determining whether a release from a tank system has occurred, whether or not the investigation confirms that a release has occurred. This subdivision shall not be construed to allow reimbursement for costs of investigations that are part of routine leak detection procedures required by statute or rule.
(9) If the owner or operator cannot be identified or fails to proceed with the cleanup.
(10) That was taken out of operation prior to 1 January 1974 if, at the time the discharge or release is discovered, neither the owner or operator owns or leases the lands on which the tank is located.
(11) Where the owner of the commercial underground storage tank is the owner only as a result of owning the land on which the commercial underground storage tank is located, the owner did not know or have reason to know that the underground storage tank was located on the property, and the land was not transferred to the owner to avoid liability for the commercial underground storage tank.
(12) Compensation to third parties for bodily injury and property damage in excess of one hundred thousand dollars ($100,000) per occurrence caused by releases from noncommercial underground storage tanks reported to the Department prior to August 1, 2015, if the claim for compensation is made prior to July 1, 2016."
SECTION 14.16A.(b) G.S. 143‑215.94D reads as rewritten:
"§ 143‑215.94D. Noncommercial Leaking Petroleum Underground Storage Tank Cleanup Fund.
(a) There is established under the control and direction of the Department the Noncommercial Leaking Petroleum Underground Storage Tank Cleanup Fund. This Noncommercial Fund shall be a nonreverting revolving fund consisting of any monies appropriated for such purpose by the General Assembly or available to it from grants, or other monies paid to it or recovered on behalf of the Noncommercial Fund.
(b) The Noncommercial Fund shall be used for the payment of the costs set out in subsection (b1) of this section, up to an aggregate maximum of one million dollars ($1,000,000) per occurrence resulting from a discharge or release of a petroleum product reported to the Department prior to August 1, 2015, from:
(1) Noncommercial underground storage tanks if the discharge or release meets the minimum priority criteria for corrective action established by the Department.
(2) Commercial underground storage tanks if
the owner or operator cannot be identified or fails to proceed with the
cleanup.
(3) Commercial underground storage tanks that
were taken out of operation prior to 1 January 1974 if, at the time the
discharge or release is discovered, neither the owner or operator owns or
leases the lands on which the tank is located.
(4) Commercial underground storage tanks if
the owner of the commercial underground storage tank is the owner only as a
result of owning the land on which the commercial underground storage tank is
located, the owner did not know or have reason to know that the underground
storage tank was located on the property, and the land was not transferred to
the owner to avoid liability for the commercial underground storage tank.
(b1) The Noncommercial Fund shall be used for the
payment of the costs of:following costs, provided a claim for
compensation is made prior to July 1, 2016:
(1) For releases discovered or reported to the Department prior to August 1, 2013, the cleanup of environmental damage as required by G.S. 143‑215.94E(a).
(1a) For releases discovered or reported to the
Department on or after August 1, 2013, August 1, 2013, and prior to August
1, 2015, the cleanup of environmental damage as required by G.S.143‑215.94E(a)
in excess of two thousand dollars ($2,000) or the sum of the following amounts,
whichever is less:
a. A deductible of one thousand dollars ($1,000) per occurrence.
b. A co‑payment equal to ten percent (10%) of the costs of the cleanup of environmental damage, per occurrence.
(2) Compensation to third parties for bodily
injury and property damage in excess of one hundred thousand dollars ($100,000)
per occurrence.
(3) Reimbursing the State for damages or other costs incurred as a result of a loan from the Loan Fund. The per occurrence limit does not apply to reimbursements to the State under this subdivision.
(4) Recordation of residual petroleum as required by G.S. 143B‑279.11 if the Noncommercial Fund is responsible for the payment of costs under subdivisions (1) through (3) of this subsection and subsection (b) of this section.
(b2) The Noncommercial Fund may be used by the Department for the payment of costs necessary to render harmless any noncommercial underground storage tank from which a discharge or release has not occurred but which poses an imminent hazard to the environment if the owner or operator cannot be identified or located, or if the owner or operator fails to take action to render harmless the underground storage tank within 90 days after having been notified of the imminent hazard posed by the underground storage tank. The Secretary shall seek to recover the costs of the action from the owner or operator as provided in G.S. 143‑215.94G.
(b3) For purposes of subsection (b1) of this section, the cleanup of environmental damage includes connection of a third party to a public water system if the Department determines that connection of the third party to a public water system is a cost‑effective measure, when compared to other available measures, to reduce risk to human health or the environment. A payment or reimbursement under this subsection is subject to the requirements and limitations of this section. This subsection shall not be construed to limit any right or remedy available to a third party under any other provision of law. This subsection shall not be construed to require a third party to connect to a public water system. Except as provided by this subsection, connection to a public water system does not constitute cleanup under Part 2 of this Article, G.S. 143‑215.94E, G.S. 143‑215.94V, any other applicable statute, or at common law.
(b4) The Noncommercial Fund shall pay any claim made after 1 September 2001 for compensation to third parties pursuant to subdivision (2) of subsection (b1) of this section only if the owner, operator, or other party responsible for the discharge or release has complied with the requirements of G.S. 143B‑279.9 and G.S. 143B‑279.11, unless compliance is prohibited by another provision of law.
(c) The Noncommercial Fund is to be available on an occurrence basis, without regard to number of occurrences associated with tanks owned or operated by the same owner or operator.
(d) The Noncommercial Fund shall not be used for:
(1) Costs incurred as a result of a discharge or release from an aboveground tank, aboveground pipe or fitting not connected to an underground storage tank, or vehicle.
(2) The removal or replacement of any tank, pipe, fitting or related equipment.
(3) Costs incurred as a result of a discharge or release of petroleum from a transmission pipeline.
(4) Costs intended to be paid for by the Commercial Fund.
(5) Costs associated with the administration of any underground storage tank program other than the program administered pursuant to this Part.
(6) Costs paid or reimbursed by or from any source other than the Noncommercial Fund, including, but not limited to, any payment or reimbursement made under a contract of insurance.
(7) Costs incurred as a result of the cleanup of environmental damage to groundwater to a more protective standard than the risk‑based standard required by the Department unless the cleanup of environmental damage to groundwater to a more protective standard is necessary to resolve a claim for compensation by a third party for property damage.
(8) Costs in excess of those required to achieve the most cost‑effective cleanup.
(e) The Noncommercial Fund shall be treated as a special trust fund pursuant to G.S. 147‑69.2 and G.S. 147‑69.3, except that interest and other income received on the Fund balance shall be treated as set forth in G.S. 147‑69.1(d).
(f) Expired October 1, 2011, pursuant to Session Laws 2001‑442, s. 8, as amended by Session Laws 2008‑195, s. 11.
(g) The Noncommercial Fund may be used to support the administrative functions of the program for underground storage tanks under this Part and Part 2B of this Article up to the amounts allowed by law, which amounts may be changed from time to time. In the case of a legislated increase or decrease in salaries and benefits, the administrative allowance existing at the time of the increase or decrease shall be correspondingly increased or decreased an amount equal to the legislated increase or decrease in salaries and benefits.
(h) During each fiscal year, the Department shall use up to one hundred thousand ($100,000) of the funds in the Noncommercial Fund to fund necessary assessment and cleanup to be conducted by the Department of discharges or releases for which a responsible party has been identified but for which the responsible party can demonstrate that undertaking the costs of assessment and cleanup will impose a severe financial hardship. Any portion of the $100,000 designated each fiscal year, which is not used during that fiscal year to address situations of severe financial hardship, shall revert to the Noncommercial Fund for the uses otherwise provided by this section. The Commission shall adopt rules to define severe financial hardship; establish criteria for assistance due to severe financial hardship pursuant to this section; and establish a process for evaluation and determinations of eligibility with respect to applications for assistance due to severe financial hardship. The Commission shall create a subcommittee of the Commission's Committee on Civil Penalty Remissions as established by G.S. 143B‑282.1 to render determinations of eligibility under this subsection."
SECTION 14.16A.(c) G.S. 143‑215.94N(b) reads as rewritten:
"(b) The Except as otherwise specified in
this Part, the provisions of this Part as they relate to costs paid from
the Noncommercial Fund apply to discharges or releases without regard to the
date discovered or reported; however, reimbursement of costs under G.S. 143‑215.94G(d)(1),
(2), (3), (3a), and (4) shall be for the full amount of the costs paid for from
the Noncommercial Fund and shall not be limited pursuant to G.S. 143‑215.94E(b)
for discharges or releases from commercial underground storage tanks discovered
or reported on or before 30 June 1988."
SECTION 14.16A.(d) G.S. 143‑215.94A(6), 143‑215.94B(d)(4), 143‑215.94D, and 143‑215.94N(b) are repealed.
SECTION 14.16A.(e) G.S. 143‑215.94E reads as rewritten:
"§ 143‑215.94E. Rights and obligations of the owner or operator.
…
(b1) In the case of a discharge or release from a commercial underground storage tank where the owner and operator cannot be identified or located, or where the owner and operator fail to proceed as required by subsection (a) of this section, the following requirements apply:
(1) if If the current landowner of
the land in which the commercial underground storage tank is located notifies
the Department in accordance with G.S. 143‑215.85 and undertakes to
collect and remove the discharge or release and to restore the area affected in
accordance with the requirements of this Article and applicable federal and
State laws, regulations, and rules, the current landowner may elect to have the
Commercial Fund pay or reimburse the current landowner for any costs described
in subdivisions (1), (2), (2a), (3), and (4) of G.S. 143‑215.94B(b)
or G.S. 143‑215.94B(b1) that exceed the amounts for which the owner
or operator is responsible under that subsection.
a. The current landowner is not eligible for payment or reimbursement until the current landowner has paid the costs described in subdivisions (1), (2), (2a), (3), and (4) of G.S. 143‑215.94B(b) or G.S. 143‑215.94B(b1) for which the owner or operator is responsible.
b. Eligibility for reimbursement under this subsection may be transferred from a current landowner who has paid the costs described in subdivisions (1), (2), (2a), (3), and (4) of G.S. 143‑215.94B(b) or G.S. 143‑215.94B(b1) to a subsequent landowner.
The current landowner shall submit documentation of all expenditures as required by G.S. 143‑215.94G(b).
(2) The sum of payments from the Commercial Fund and from all other sources shall not exceed one million dollars ($1,000,000) per discharge or release except as provided in G.S. 143‑215.94B(b2).
(3) This subsection shall not be construed to require a current landowner to cleanup a discharge or release of petroleum from an underground storage tank for which the current landowner is not otherwise responsible. This subsection does not alter any right, duty, obligation, or liability of a current landowner, former landowner, subsequent landowner, owner, or operator under other provisions of law.
(4) This subsection shall not be construed to
limit the authority of the Department to engage in a cleanup under this Article
or any other provision of law. In the event that an owner or operator is
subsequently identified or located, the Secretary shall seek reimbursement as
provided in G.S. 143‑215.94G(d). The current landowner shall
submit documentation of all expenditures as required by G.S. 143‑215.94G(b).
(c) In the case of a discharge or release
from a noncommercial underground storage tank or a commercial underground
storage tank eligible for the Noncommercial Fund in accordance with G.S. 143‑215.94D(b),
where the owner or operator has been identified and has proceeded with the
cleanup, the owner or operator may elect to have the Noncommercial Fund pay or
reimburse the owner or operator for any costs described in G.S. 143‑215.94D(b1)
up to a maximum of one million dollars ($1,000,000) per discharge or release.
(c1) In the case of a discharge or release
from a noncommercial underground storage tank where the owner and operator
cannot be identified or located, or where the owner and operator fail to
proceed as required by subsection (a) of this section, if the current landowner
of the land in which the noncommercial underground storage tank is located
notifies the Department in accordance with G.S. 143‑215.85 and
undertakes to collect and remove the discharge or release and to restore the
area affected in accordance with the requirements of this Article and
applicable federal and State laws, regulations, and rules, the current
landowner may elect to have the Noncommercial Fund pay or reimburse the current
landowner for any costs described in G.S. 143‑215.94D(b1).
Eligibility for reimbursement under this subsection may be transferred to a
subsequent landowner from a current landowner. The sum of payments from the
Noncommercial Fund and from all other sources shall not exceed one million
dollars ($1,000,000) per discharge or release. This subsection shall not be
construed to require a current landowner to clean up a discharge or release of
petroleum from an underground storage tank for which the current landowner is
not otherwise responsible. This subsection does not alter any right, duty,
obligation, or liability of a current landowner, former landowner, subsequent
landowner, owner, or operator under other provisions of law. This subsection
shall not be construed to limit the authority of the Department to engage in a
cleanup under this Article or any other provision of law. The current landowner
shall submit documentation of all expenditures as required by G.S. 143‑215.94G(b).
…
(e1) The Department may contract for any services
necessary to evaluate any claim for reimbursement or compensation from either
the Commercial Fund or the Noncommercial Fund, may contract for any
expert witness or consultant services necessary to defend any decision to pay
or deny any claim for reimbursement, and may pay the cost of these services
from the fund against which the claim is made; provided that in any fiscal year
the Department shall not expend from either fund more than one percent (1%) of
the unobligated balance of the fund on 30 June of the previous fiscal year. The
cost of contractual services to evaluate a claim or for expert witness or
consultant services to defend a decision with respect to a claim shall be
included as costs under G.S. 143‑215.94B(b), 143‑215.94B(b1),
and 143‑215.94D(b1).
…
(e4) (1) If the owner
or operator takes initial steps to collect and remove the discharge or release
as required by the Department and completes the initial assessment required to
determine degree of risk, the owner or operator shall not be subject to any
violation or penalty for any failure to proceed with further assessment or
cleanup under G.S. 143‑215.84 or this section before the owner or
operator is authorized to proceed with further assessment or cleanup as
provided in subsection (e5) of this section. The lack of availability of funds
in the Commercial Fund or the Noncommercial Fund shall not relieve an
owner or operator of responsibility to immediately undertake to collect and
remove the discharge or release or to conduct any assessment or cleanup ordered
by the Department or be a defense against any violations and penalties issued
to the owner or operator for failure to conduct required assessment or cleanup.
(2) The Department shall establish the degree of risk to human health and the environment posed by a discharge or release of petroleum from a commercial underground storage tank and shall determine a schedule for further assessment and cleanup that is based on the degree of risk to human health and the environment posed by the discharge or release and that gives priority to the assessment and cleanup of discharges and releases that pose the greatest risk. If any of the costs of assessment and cleanup of the discharge or release from a commercial underground storage tank are eligible to be paid or reimbursed from the Commercial Fund, the Department shall also consider the availability of funds in the Commercial Fund and the order in which the discharge or release was reported in determining the schedule.
(3) The Department shall establish the degree
of risk to human health and the environment posed by a discharge or release of
petroleum from a noncommercial underground storage tank and shall determine a
schedule for further assessment and cleanup that is based on the degree of risk
to human health and the environment posed by the discharge or release and that
gives priority to the assessment and cleanup of discharges and releases that
pose the greatest risk. If any of the costs of assessment or cleanup of the
discharge or release from a noncommercial underground storage tank are eligible
to be paid or reimbursed from the Noncommercial Fund, the Department shall also
consider the availability of funds in the Noncommercial Fund and the order in
which the discharge or release was reported in determining the schedule.
(4) The Department may revise the schedules that apply to the assessment and cleanup of any discharge or release at any time based on its reassessment of any of the foregoing factors.
…
(f1) Any person seeking payment or reimbursement from either
the Commercial Fund or the Noncommercial Fund shall certify to the Department
that the costs to be paid or reimbursed by the Commercial Fund or the
Noncommercial Fund are not eligible to be paid or reimbursed by or from any
other source, including any contract of insurance. If any cost paid or
reimbursed by the Commercial Fund or the Noncommercial Fund is eligible
to be paid or reimbursed by or from another source, that cost shall not be paid
from, or if paid shall be repaid to, the Commercial Fund or the
Noncommercial Fund. As used in this Part, the phrase "any other source
including any contract of insurance" does not include self‑insurance.
…
(j) An owner, operator, or landowner shall request
that the Department determine whether any of the costs of assessment and
cleanup of a discharge or release from a petroleum underground storage tank are
eligible to be paid or reimbursed from either the Commercial Fund or the
Noncommercial Fund within one year after completion of any task that is
eligible to be paid or reimbursed under G.S. 143‑215.94B(b), 143‑215.94B(b1),
or 143‑215.94D(b1).
(k) An owner, operator, or landowner shall request
payment or reimbursement from the Commercial Fund or the Noncommercial Fund for
the cost of a task within one year after the completion of the task. The
Department shall deny any request for payment or reimbursement of the cost of
any task that would otherwise be eligible to be paid or reimbursed if the
request is not received within 12 months after the later of the date on which
the:
(1) Department determines that the cost is eligible to be paid or reimbursed.
(2) Task is completed."
SECTION 14.16A.(f) G.S. 143‑215.94G reads as rewritten:
"§ 143‑215.94G. Authority of the Department to engage in cleanups; actions for fund reimbursement.
(a) The Department may use staff, equipment, or
materials under its control or provided by other cooperating federal, State, or
local agencies and may contract with any agent or contractor it deems
appropriate to investigate a release, to develop and implement a cleanup plan,
to provide interim alternative sources of drinking water to third parties, and
to pay the initial costs for providing permanent alternative sources of
drinking water to third parties, and shall pay the costs resulting from
commercial underground storage tanks from the Commercial Fund and shall
pay the costs resulting from noncommercial underground storage tanks from the
Noncommercial Fund,Fund whenever there is a discharge or release of
petroleum from any of the following:
(1) A noncommercial underground storage tank.
(2) An underground storage tank whose owner or operator cannot be identified or located.
(3) An underground storage tank whose owner or operator fails to proceed as required by G.S. 143‑215.94E(a).
(4) A commercial underground storage tank taken out of operation prior to 1 January 1974 if, when the discharge or release is discovered, neither the owner nor operator owns or leases the land on which the underground storage tank is located.
(a1) Every State agency shall provide to the Department to the maximum extent feasible such staff, equipment, and materials as may be available and useful to the development and implementation of a cleanup program.
(a2) The cost of any action authorized under subsection (a) of this section shall be paid, to the extent funds are available, from the following sources in the order listed:
(1) Any funds to which the State is entitled under any federal program providing for the cleanup of petroleum discharges or releases from underground storage tanks, including, but not limited to, the Leaking Underground Storage Tank Trust Fund established pursuant to 26 U.S.C. § 4081 and 42 U.S.C. § 6991b(h).
(2) The Commercial Fund or the Noncommercial Fund.
(a3) Expired October 1, 2011, pursuant to Session Laws 2001‑442, s. 8, as amended by Session Laws 2008‑195, s. 11.
(b) Whenever the discharge or release of a petroleum product is from a commercial underground storage tank, the Department may supervise the cleanup of environmental damage required by G.S. 143‑215.94E(a). If the owner or operator elects to have the Commercial Fund reimburse or pay for any costs allowed under subsection (b) or (b1) of G.S. 143‑215.94B, the Department shall require the owner or operator to submit documentation of all expenditures claimed for the purposes of establishing that the owner or operator has spent the amounts required to be paid by the owner or operator pursuant to and in accordance with G.S. 143‑215.94E(b). The Department shall allow credit for all expenditures that the Department determines to be reasonable and necessary. The Department may not pay for any costs for which the Commercial Fund was established until the owner or operator has paid the amounts specified in G.S. 143‑215.94E(b).
(c) The Secretary shall keep a record of all expenses incurred for the services of State personnel and for the use of the State's equipment and material.
(d) The Secretary shall seek reimbursement through any legal means available, for:
(1) Any costs not authorized to be paid from either the
Commercial or the Noncommercial Fund;
(2) The amounts provided for in G.S. 143‑215.94B(b) or G.S. 143‑215.94B(b1) required to be paid for by the owner or operator pursuant to G.S. 143‑215.94E(b) where the owner or operator of a commercial underground storage tank is later identified or located;
(3) The amounts provided for in G.S. 143‑215.94B(b) or G.S. 143‑215.94B(b1) required to be paid for by the owner or operator pursuant to G.S. 143‑215.94E(b) where the owner or operator of a commercial underground storage tank failed to proceed as required by G.S. 143‑215.94E(a);
(3a) The amounts provided for by G.S. 143‑215.94B(b)(5) required to be paid by the owner or operator to third parties for the cost of providing interim alternative sources of drinking water to third parties and the initial cost of providing permanent alternative sources of drinking water to third parties;
(4) Any funds due under G.S. 143‑215.94E(g); and
(5) Any funds to which the State is entitled under any federal program providing for the cleanup of petroleum discharges or releases from underground storage tanks; [and]
(6) The amounts provided for in G.S. 143‑215.94B(b5) and G.S. 143‑215.94D(b2).
(e) In the event that a civil action is commenced to secure reimbursement pursuant to subdivisions (1) through (4) of subsection (d) of this section, the Secretary may recover, in addition to any amount due, the costs of the action, including but not limited to reasonable attorney's fees and investigation expenses. Any monies received or recovered as reimbursement shall be paid into the appropriate fund or other source from which the expenditures were made.
(f) In the event that a recovery equal to
or in excess of the amounts required to be paid for by the owner or operator
pursuant to G.S. 143‑215.94E(b) is recovered pursuant to
subdivisions (2) and (3) of subsection (d) of this section for the costs
described in G.S. 143‑215.94B(b) or G.S. 143‑215.94B(b1),
the Department shall transfer funds from the Commercial Fund that would have
been paid from the Commercial Fund pursuant to subsection (b) or (b2) of G.S. 143‑215.94B
if the owner or operator had proceeded with the cleanup, but which were paid
from the Noncommercial Fund, into the Noncommercial Fund.
(g) If the Department paid or reimbursed costs that are not authorized to be paid or reimbursed under G.S. 143‑215.94B or G.S. 143‑215.94D as a result of a misrepresentation by an agent who acted on behalf of an owner, operator, or landowner, the Department shall first seek reimbursement, pursuant to subdivision (1) of subsection (d) of this section, from the agent of monies paid to or retained by the agent.
(h) The Department shall take administrative action to recover costs or bring a civil action pursuant to subdivision (1) of subsection (d) of this section to seek reimbursement of costs in accordance with the time limits set out in this subsection.
(1) The Department shall take administrative action to
recover costs or bring a civil action to seek reimbursement of costs that are
not authorized to be paid from the Commercial Fund under subdivision (1), (2),
or (3) of G.S. 143‑215.94B(d) or from the Noncommercial Fund
under subdivision (1), (2), or (3) of G.S. 143‑215.94D(d) within
five years after payment.
(2) The Department shall take administrative action to recover costs or bring a civil action to seek reimbursement of costs other than those described in subdivision (1) of this subsection within three years after payment.
(3) Notwithstanding the time limits set out in subdivisions (1) and (2) of this subsection, the Department may take administrative action to recover costs or bring a civil action to seek reimbursement of costs paid as a result of fraud or misrepresentation at any time.
(i) An administrative action or civil action that is not commenced within the time allowed by subsection (h) of this section is barred.
(j) Except with the consent of the claimant, the
Department may not withhold payment or reimbursement of costs that are
authorized to be paid from the Commercial Fund or the Noncommercial Fund in
order to recover any other costs that are in dispute unless the Department is
authorized to withhold payment by a final decision of the Commission pursuant
to G.S. 150B‑36 or an order or final decision of a court."
SECTION 14.16A.(g) G.S. 143‑215.94J reads as rewritten:
"§ 143‑215.94J. Limitation of liability of the State of North Carolina.
(a) No claim filed against either the
Commercial Fund or the Noncommercial Fund shall be paid except from
assets of the respective fund as provided for in this Part or as may otherwise
be authorized by law.
(b) This Part shall not be construed to obligate the General Assembly to make any appropriation to implement the provisions of this Part; nor shall it be construed to obligate the Secretary to take any action pursuant to this Part for which funds are not available from appropriations or otherwise.
(c) The Secretary may budget anticipated receipts as needed to implement this Part.
(d) Should the Secretary find that the
Noncommercial Fund balance is insufficient to satisfy all claims and other
obligations of the Noncommercial Fund incurred pursuant to this Part, the
Secretary may transfer funds which would otherwise revert to the General Fund
to the Noncommercial Fund in order to meet such claims and obligations.
(e) If at any time either the fund
balance is insufficient to pay all valid claims against it, the claims shall be
paid in full in the order in which they are finally determined. The Secretary
may retain not more than five hundred thousand dollars ($500,000) in the Noncommercial
Commercial Fund as a contingency reserve and not apply the reserve
to the claims. The Department may use the contingency reserve to conduct
cleanups in accordance with G.S. 143‑215.94G when an imminent hazard
poses a threat to human health or to significant natural resources."
SECTION 14.16A.(h) G.S. 143‑215.94M reads as rewritten:
"§ 143‑215.94M. Reports.
(a) The Secretary shall present an annual report to the Environmental Review Commission, the Fiscal Research Division, the Senate Appropriations Subcommittee on Natural and Economic Resources, and the House Appropriations Subcommittee on Natural and Economic Resources which shall include at least the following:
(1) A list of all discharges or releases of petroleum from underground storage tanks.
(2) A list of all cleanups requiring State funding
through the Noncommercial Fund and a comprehensive budget to complete such
cleanups.
(3) A list of all cleanups undertaken by tank owners or operators and the status of these cleanups.
(4) A statement of receipts and disbursements for both
the Commercial Fund and the Noncommercial Fund.
(5) A statement of all claims against both the
Commercial Fund and the Noncommercial Fund, including claims paid,
claims denied, pending claims, anticipated claims, and any other obligations.
(6) The adequacy of both the Commercial Fund and
the Noncommercial Fund to carry out the purposes of this Part together with
any recommendations as to measures that may be necessary to assure the
continued solvency of the Commercial Fund and the Noncommercial Fund.
(7) Repealed by Session Laws 2012‑200, s. 23, effective August 1, 2012.
(b) The report required by this section shall be made by the Secretary on or before November 1 of each year."
SECTION 14.16A.(i) Subsections (d) through (h) of this section become effective December 31, 2016. The balance remaining in the Noncommercial Leaking Petroleum Underground Storage Tank Cleanup Fund and any outstanding requests for payment or reimbursement that have been deemed eligible by the Department prior to that date are transferred to the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund. The Revisor of Statutes may conform names and titles changed by this section, and may correct statutory references as required by this section, throughout the General Statutes. In making the changes authorized by this section, the Revisor may also adjust subject and verb agreement and the placement of conjunctions.
ENVIRONMENTAL ASSESSMENT Methodology
SECTION 14.19. The Department of Environment and Natural Resources shall review and revise its procedures and rate tables for reimbursement of soil assessment activities in order to facilitate the use of the Ultra Violet Fluorescence (UVF) test method as a substitute for US EPA Method 8015 for soil assessment and petroleum contamination delineation activities, where the substitution would (i) not violate federal law or regulations, (ii) provide equivalent accuracy and quality of results, and (iii) result in appreciable cost savings.
Landfill changes
SECTION 14.20.(a) G.S. 130A‑294 reads as rewritten:
"§ 130A‑294. Solid waste management program.
(a) The Department is authorized and directed to engage in research, conduct investigations and surveys, make inspections and establish a statewide solid waste management program. In establishing a program, the Department shall have authority to:
…
(4) a. Develop a
permit system governing the establishment and operation of solid waste
management facilities. A landfill with a disposal area of 1/2 acre or less for
the on‑site disposal of land clearing and inert debris is exempt from the
permit requirement of this section and shall be governed by G.S. 130A‑301.1.
Demolition debris from the decommissioning of manufacturing buildings,
including electric generating stations, that is disposed of on the same site as
the decommissioned buildings, is exempt from the permit requirement of this
section and rules adopted pursuant to this section and shall be governed by G.S. 130A‑301.3.
The Department shall not approve an application for a new permit, the
renewal of a permit, major permit modification, or a substantial
amendment to a permit for a sanitary landfill, excluding demolition landfills
as defined in the rules of the Commission, except as provided in subdivisions
(3) and (4) of subsection (b1) of this section. No permit shall be granted for
a solid waste management facility having discharges that are point sources
until the Department has referred the complete plans and specifications to the
Commission and has received advice in writing that the plans and specifications
are approved in accordance with the provisions of G.S. 143‑215.1. In
any case where the Department denies a permit for a solid waste management
facility, it shall state in writing the reason for denial and shall also state
its estimate of the changes in the applicant's proposed activities or plans
that will be required for the applicant to obtain a permit.
…
(a2) Permits for sanitary landfills and transfer
stations shall be issued for (i) a design and operation phase of five years
or (ii) a design and operation phase of 10 years. A permit issued for a design
and operation phase of 10 years shall be subject to a limited review within
five years of the issuance date.the life‑of‑site of the
facility unless
revoked as otherwise provided under this Article or upon the expiration of any
local government franchise required for the facility pursuant to subsection
(b1) of this section. For purposes of this section,
"life‑of‑site" means the period from the initial receipt
of solid waste at the facility until the Department approves final closure of
the facility. Permits issued pursuant to this subsection shall take into
account the duration of any permits previously issued for the facility and the
remaining capacity at the facility.
(a3) Each permit for a sanitary landfill and transfer station shall have a limited review of the permit five years after issuance of the initial permit and at five‑year intervals thereafter until expiration of the permit. The limited review includes review of the operational activities at the facility for the preceding time period, as well as future operational plans, financial assurance cost estimates, environmental monitoring plans, closure plans, post‑closure plans, and any other applicable plans for the facility. Whenever such review is undertaken, the Department may modify the permit to include additional limitations, standards, or conditions when the technical limitations, standards, or conditions on which the original permit was based have been changed by statute or rule. If, upon such review, the Department finds that repeated material or substantial violations at the sanitary landfill render operation of the facility a danger to human health, safety, and welfare, or the environment, the Department shall modify or revoke the permit. Parties aggrieved by a final decision of the Department pursuant to this subsection may appeal the decision as provided under Article 3 of Chapter 150B of the General Statutes.
(b) The Commission shall adopt and the Department shall enforce rules to implement a comprehensive statewide solid waste management program. The rules shall be consistent with applicable State and federal law; and shall be designed to protect the public health, safety, and welfare; preserve the environment; and provide for the greatest possible conservation of cultural and natural resources. Rules for the establishment, location, operation, maintenance, use, discontinuance, recordation, post‑closure care of solid waste management facilities also shall be based upon recognized public health practices and procedures, including applicable epidemiological research and studies; hydrogeological research and studies; sanitary engineering research and studies; and current technological development in equipment and methods. The rules shall not apply to the management of solid waste that is generated by an individual or individual family or household unit on the individual's property and is disposed of on the individual's property.
(b1) (1) For purposes of this subsection and subdivision (4) of subsection (a) of this section, a "substantial amendment" means either:
a. An increase of ten percent (10%) or more in:
1. The population of the geographic area to be served by the sanitary landfill;
2. The quantity of solid waste to be disposed of in the sanitary landfill; or
3. The geographic area to be served by the sanitary landfill.
b. A change in the categories of solid waste to be disposed of in the sanitary landfill or any other change to the application for a permit or to the permit for a sanitary landfill that the Commission or the Department determines to be substantial.
(2) A person who intends to apply for a new permit, the
renewal of a permit, major permit modification, or a substantial
amendment to a permit for a sanitary landfill shall obtain, prior to applying
for a permit, a franchise for the operation of the sanitary landfill from each
local government having jurisdiction over any part of the land on which the
sanitary landfill and its appurtenances are located or to be located. A local
government may adopt a franchise ordinance under G.S. 153A‑136 or G.S. 160A‑319.
A franchise granted for a sanitary landfill shall be granted for the life‑of‑site
of the landfill and shall include all of the following:
a. A statement of the population to be served, including a description of the geographic area.
b. A description of the volume and characteristics of the waste stream.
c. A projection of the useful life of the sanitary landfill.
d. Repealed by Session Laws 2013‑409, s. 8, effective August 23, 2013.
e. The procedures to be followed for governmental oversight and regulation of the fees and rates to be charged by facilities subject to the franchise for waste generated in the jurisdiction of the franchising entity.
f. A facility plan for the sanitary landfill that
shall include the boundaries of the proposed facility, proposed development of
the facility site in five‑year operational phases, site, the
boundaries of all waste disposal units, final elevations and capacity of all
waste disposal units, the amount of waste to be received per day in tons, the
total waste disposal capacity of the sanitary landfill in tons, a description
of environmental controls, and a description of any other waste management
activities to be conducted at the facility. In addition, the facility plan
shall show the proposed location of soil borrow areas, leachate facilities, and
all other facilities and infrastructure, including ingress and egress to the
facility.
…
(4) An applicant for a new permit, the renewal of a permit,
major permit modification, or a substantial amendment to a permit
for a sanitary landfill shall request each local government having jurisdiction
over any part of the land on which the sanitary landfill and its appurtenances
are located or to be located to issue a determination as to whether the local
government has in effect a franchise, zoning, subdivision, or land‑use
planning ordinance applicable to the sanitary landfill and whether the proposed
sanitary landfill, or the existing sanitary landfill as it would be operated
under the renewed or major permit modification or substantially
amended permit, would be consistent with the applicable ordinances. The request
to the local government shall be accompanied by a copy of the permit
application and shall be delivered to the clerk of the local government
personally or by certified mail. In order to serve as a basis for a
determination that an application for a new permit, the renewal of a permit,
major permit modification, or a substantial amendment to a permit
for a sanitary landfill is consistent with a zoning, subdivision, or land‑use
planning ordinance, an ordinance or zoning classification applicable to the
real property designated in the permit application shall have been in effect
not less than 90 days prior to the date the request for a determination of
consistency is delivered to the clerk of the local government. The
determination shall be verified or supported by affidavit signed by the chief
administrative officer, the chief administrative officer's designee, clerk, or
other official designated by the local government to make the determination
and, if the local government states that the sanitary landfill as it would be
operated under the new, renewed, new permit, major permit
modification, or substantially amended permit is inconsistent with a
franchise, zoning, subdivision, or land‑use planning ordinance, shall
include a copy of the ordinance and the specific reasons for the determination
of inconsistency. A copy of the determination shall be provided to the
applicant when the determination is submitted to the Department. The Department
shall not act upon an application for a permit under this section until it has
received a determination from each local government requested to make a determination
by the applicant; provided that if a local government fails to submit a
determination to the Department as provided by this subsection within 15 days
after receipt of the request, the Department shall proceed to consider the
permit application without regard to a franchise, local zoning, subdivision,
and land‑use planning ordinances. Unless the local government makes a
subsequent determination of consistency with all ordinances cited in the
determination or the sanitary landfill as it would be operated under the new,
renewed, new permit, major permit modification, or substantially
amended permit is determined by a court of competent jurisdiction to be
consistent with the cited ordinances, the Department shall attach as a
condition of the permit a requirement that the applicant, prior to construction
or operation of the sanitary landfill under the permit, comply with all
lawfully adopted local ordinances cited in the determination that apply to the
sanitary landfill. This subsection shall not be construed to affect the
validity of any lawfully adopted franchise, local zoning, subdivision, or land‑use
planning ordinance or to affect the responsibility of any person to comply with
any lawfully adopted franchise, local zoning, subdivision, or land‑use
planning ordinance. This subsection shall not be construed to limit any
opportunity a local government may have to comment on a permit application
under any other law or rule. This subsection shall not apply to any facility
with respect to which local ordinances are subject to review under either G.S. 104E‑6.2
or G.S. 130A‑293.
(5) As used in this subdivision, "coal‑fired generating unit" and "investor‑owned public utility" have the same meaning as in G.S. 143‑215.107D(a). Notwithstanding subdivisions (a)(4), (b1)(3), or (b1)(4) of this section, no franchise shall be required for a sanitary landfill used only to dispose of waste generated by a coal‑fired generating unit that is owned or operated by an investor‑owned utility subject to the requirements of G.S. 143‑215.107D.
…."
SECTION 14.20.(b) No later than July 1, 2016, the Environmental Management Commission shall adopt rules to allow applicants for permits for sanitary landfills to apply for a permit for the life‑of‑site of the facility. No later than July 1, 2016, the Commission shall also adopt rules to allow applicants for permits for transfer stations to apply for a permit to construct and operate a transfer station for the life‑of‑site of the station.
SECTION 14.20.(c) G.S. 130A‑295.8 reads as rewritten:
"§ 130A‑295.8. Fees applicable to permits for solid waste management facilities.
(a) The Solid Waste Management Account is established as a nonreverting account within the Department. All fees collected under this section shall be credited to the Account and shall be used to support the solid waste management program established pursuant to G.S. 130A‑294.
(b) As used in this section:
(1) "Major permit modification" means either of the following:
a. an An application for any
change to the approved engineering plans for a sanitary landfill or transfer
station permitted for a 10‑year life‑of‑site design
capacity that does not constitute a "permit amendment," "new
permit," or "permit modification."
b. An application for a permit to be issued pursuant to G.S. 130A‑294(a2), which is issued for a duration of less than a facility's life‑of‑site based upon permits previously issued to a facility.
(1a) "New permit" means any of the following:
a. An application for a permit for a solid waste
management facility that has not been previously permitted by the Department.
The term includes one site suitability review, the initial permit to construct,
and one permit to operate the constructed portion of a phase included in the
permit to construct.operate.
b. An application that proposes to expand the boundary of a permitted waste management facility for the purpose of expanding the permitted activity.
c. An application that includes a proposed expansion to the boundary of a waste disposal unit within a permitted solid waste management facility.
d. An application for a substantial amendment to a solid waste permit, as defined in G.S. 130A‑294.
(2) "Permit amendment" means any of the following:
a. An application for a permit to construct
and one permit to operate for the second and subsequent phases of landfill
development described in the approved facility plan for a permitted solid waste
management facility.
b. An application for the five‑year renewal of a permit for a permitted solid waste management facility or for a permit review of a permitted solid waste management facility. This sub‑subdivision shall not apply to sanitary landfills or transfer stations.
c. Any application that proposes a change in ownership or corporate structure of a permitted solid waste management facility. This sub‑subdivision shall not apply to sanitary landfills or transfer stations.
(3) "Permit modification" means any of the following:
a. An application for any change to the plans approved in a permit for a solid waste management facility that does not constitute a "permit amendment" or a "new permit". This sub‑subdivision shall not apply to sanitary landfills or transfer stations.
b. A second or subsequent permit to operate
for a constructed portion of a phase included in the permit to construct.
c. An application for a five‑year limited review
of a 10‑year life‑of‑site permit, as required
by G.S. 130A‑294(a2), G.S. 130A‑294(a3), including
review of the operations plan, operational activities at the facility
for the preceding time period, as well as future operational plans, closure
plan, plans, post‑closure plan, plans, financial
assurance cost estimates, environmental monitoring plans, and any other
applicable plans for the facility.
(4) "Ownership modification" means any application that proposes a change in ownership or corporate structure of a permitted sanitary landfill or transfer station.
(c) An applicant for a permit shall pay an
application fee upon submission of an application according to the following
schedule:
(1) Municipal Solid Waste Landfill accepting
less than 100,000 tons/year of solid waste, New Permit (Five‑Year) –
$25,000.
(1a) Municipal Solid Waste Landfill accepting
less than 100,000 tons/year of solid waste, New Permit (Ten‑Year) –
$38,500.
(2) Municipal Solid Waste Landfill accepting
less than 100,000 tons/year of solid waste, Amendment (Five‑Year) –
$15,000.
(2a) Municipal Solid Waste Landfill accepting
less than 100,000 tons/year of solid waste, Amendment (Ten‑Year) –
$28,500.
(3) Municipal Solid Waste Landfill accepting
less than 100,000 tons/year of solid waste, Modification (Five‑Year) –
$1,500.
(3a) Municipal Solid Waste Landfill accepting
less than 100,000 tons/year of solid waste, Major Modification (Ten‑Year)
– $7,500.
(4) Municipal Solid Waste Landfill accepting
100,000 tons/year or more of solid waste, New Permit (Five‑Year) –
$50,000.
(4a) Municipal Solid Waste Landfill accepting
100,000 tons/year or more of solid waste, New Permit (Ten‑Year) –
$77,000.
(5) Municipal Solid Waste Landfill accepting
100,000 tons/year or more of solid waste, Amendment (Five‑Year) –
$30,000.
(5a) Municipal Solid Waste Landfill accepting
100,000 tons/year or more of solid waste, Amendment (Ten‑Year) – $57,000.
(6) Municipal Solid Waste Landfill accepting
100,000 tons/year or more of solid waste, Modification (Five‑Year) –
$3,000.
(6a) Municipal Solid Waste Landfill accepting
100,000 tons/year or more of solid waste, Major Modification (Ten‑Year) –
$15,000.
(7) Construction and Demolition Landfill
accepting less than 100,000 tons/year of solid waste, New Permit (Five‑Year)
– $15,000.
(7a) Construction and Demolition Landfill
accepting less than 100,000 tons/year of solid waste, New Permit (Ten‑Year)
– $22,500.
(8) Construction and Demolition Landfill
accepting less than 100,000 tons/year of solid waste, Amendment (Five‑Year)
– $9,000.
(8a) Construction and Demolition Landfill
accepting less than 100,000 tons/year of solid waste, Amendment (Ten‑Year)
– $16,500.
(9) Construction and Demolition Landfill
accepting less than 100,000 tons/year of solid waste, Modification (Five‑Year)
– $1,500.
(9a) Construction and Demolition Landfill
accepting less than 100,000 tons/year of solid waste, Major Modification (Ten‑Year)
– $4,500.
(10) Construction and Demolition Landfill
accepting 100,000 tons/year or more of solid waste, New Permit (Five‑Year)
– $30,000.
(10a) Construction and Demolition Landfill
accepting 100,000 tons/year or more of solid waste, New Permit (Ten‑Year)
– $46,000.
(11) Construction and Demolition Landfill
accepting 100,000 tons/year or more of solid waste, Amendment (Five‑Year)
– $18,500.
(11a) Construction and Demolition Landfill
accepting 100,000 tons/year or more of solid waste, Amendment (Ten‑Year)
– $34,500.
(12) Construction and Demolition Landfill
accepting 100,000 tons/year or more of solid waste, Modification (Five‑Year)
– $2,500.
(12a) Construction and Demolition Landfill
accepting 100,000 tons/year or more of solid waste, Major Modification (Ten‑Year)
– $9,250.
(13) Industrial Landfill accepting less than
100,000 tons/year of solid waste, New Permit (Five‑Year) – $15,000.
(13a) Industrial Landfill accepting less than
100,000 tons/year of solid waste, New Permit (Ten‑Year) – $22,500.
(14) Industrial Landfill accepting less than
100,000 tons/year of solid waste, Amendment (Five‑Year) – $9,000.
(14a) Industrial Landfill accepting less than
100,000 tons/year of solid waste, Amendment (Ten‑Year) – $16,500.
(15) Industrial Landfill accepting less than
100,000 tons/year of solid waste, Modification (Five‑Year) – $1,500.
(15a) Industrial Landfill accepting less than
100,000 tons/year of solid waste, Major Modification (Ten‑Year) – $4,500.
(16) Industrial Landfill accepting 100,000
tons/year or more of solid waste, New Permit (Five‑Year) – $30,000.
(16a) Industrial Landfill accepting 100,000 tons/year
or more of solid waste, New Permit (Ten‑Year) – $46,000.
(17) Industrial Landfill accepting 100,000
tons/year or more of solid waste, Amendment (Five‑Year) – $18,500.
(17a) Industrial Landfill accepting 100,000
tons/year or more of solid waste, Amendment (Ten‑Year) – $34,500.
(18) Industrial Landfill accepting 100,000
tons/year or more of solid waste, Modification (Five‑Year) – $2,500.
(18a) Industrial Landfill accepting 100,000
tons/year or more of solid waste, Major Modification (Ten‑Year) – $9,250.
(19) Tire Monofill, New Permit – $1,750.
(19a) Tire Monofill, New Permit (Ten‑Year)
– $2,500.
(20) Tire Monofill, Amendment – $1,250.
(20A) Tire Monofill, Amendment (Ten‑Year) –
$2,000.
(21) Tire Monofill, Modification – $500.
(21A) Tire Monofill, Major Modification – $625.
(22) Treatment and Processing, New Permit –
$1,750.
(23) Treatment and Processing, Amendment –
$1,250.
(24) Treatment and Processing, Modification –
$500.
(25) Transfer Station, New Permit (Five‑Year)
– $5,000.
(25a) Transfer Station, New Permit (Ten‑Year)
– $7,500.
(26) Transfer Station, Amendment (Five‑Year)
– $3,000.
(26a) Transfer Station, Amendment (Ten‑Year)
– $5,500.
(27) Transfer Station, Modification (Five‑Year)
– $500.
(27a) Transfer Station, Major Modification (Ten‑Year)
– $1,500.
(28) Incinerator, New Permit – $1,750.
(29) Incinerator, Amendment – $1,250.
(30) Incinerator, Modification – $500.
(31) Large Compost Facility, New Permit –
$1,750.
(32) Large Compost Facility, Amendment –
$1,250.
(33) Large Compost Facility, Modification –
$500.
(34) Land Clearing and Inert, New Permit –
$1,000.
(35) Land Clearing and Inert, Amendment – $500.
(36) Land Clearing and Inert, Modification –
$250.
(d) A permitted solid waste management
facility shall pay an annual permit fee on or before 1 August of each year
according to the following schedule:
(1) Municipal Solid Waste Landfill – $3,500.
(2) Post‑Closure Municipal Solid Waste
Landfill – $1,000.
(3) Construction and Demolition Landfill –
$2,750.
(4) Post‑Closure Construction and Demolition
Landfill – $500.
(5) Industrial Landfill – $2,750.
(6) Post‑Closure Industrial Landfill –
$500.
(7) Transfer Station – $750.
(8) Treatment and Processing Facility – $500.
(9) Tire Monofill – $500.
(10) Incinerator – $500.
(11) Large Compost Facility – $500.
(12) Land Clearing and Inert Debris Landfill –
$500.
(d1) A permitted solid waste management facility shall pay an annual permit fee on or before August 1 of each year according to the following schedule:
(1) Municipal Solid Waste Landfill accepting less than 100,000 tons/year of solid waste – $7,500.
(2) Municipal Solid Waste Landfill accepting 100,000 tons/year or more but less than 250,000 tons/year of solid waste – $12,000.
(3) Municipal Solid Waste Landfill accepting 250,000 tons/year or more of solid waste – $20,000.
(4) Post‑Closure Municipal Solid Waste Landfill – $1,000.
(5) Construction and Demolition Landfill accepting less than 25,000 tons/year of solid waste – $6,000.
(6) Construction and Demolition Landfill accepting 25,000 tons/year or more of solid waste – $9,250.
(7) Post‑Closure Construction and Demolition Landfill – $500.
(8) Industrial Landfill accepting less than 100,000 tons/year of solid waste – $7,500.
(9) Industrial Landfill accepting 100,000 tons/year or more of solid waste – $15,000.
(10) Post‑Closure Industrial Landfill – $500.
(11) Transfer Station accepting less than 25,000 tons/year of solid waste – $750.
(12) Transfer Station accepting 25,000 tons/year or more of solid waste – $1,500.
(13) Treatment and Processing Facility – $750.
(14) Tire Monofill – $6,000.
(15) Incinerator – $750.
(16) Large Compost Facility – $750.
(17) Land Clearing and Inert Debris Landfill – $750.
(d2) Upon submission of an application for a new permit, an applicant shall pay an application fee in the amount of ten percent (10%) of the annual permit fee imposed for that type of solid waste management facility as identified in subdivisions (1) through (17) of subsection (d1) of this section.
…."
SECTION 14.20.(d) G.S. 130A‑295.3 reads as rewritten:
"§ 130A‑295.3. Environmental compliance review requirements for applicants and permit holders.
…
(b) The Department shall conduct an environmental
compliance review of each applicant for a new permit, permit renewal, permit
and permit amendment under this Article. The environmental compliance
review shall evaluate the environmental compliance history of the applicant for
a period of five years prior to the date of the application and may cover a
longer period at the discretion of the Department. The environmental compliance
review of an applicant may include consideration of the environmental
compliance history of the parents, subsidiaries, or other affiliates of an
applicant or parent that is a business entity, including any business entity or
joint venturer with a direct or indirect interest in the applicant, and other
facilities owned or operated by any of them. The Department shall determine the
scope of the review of the environmental compliance history of the applicant,
parents, subsidiaries, or other affiliates of the applicant or parent,
including any business entity or joint venturer with a direct or indirect
interest in the applicant, and of other facilities owned or operated by any of
them. An applicant for a permit shall provide environmental compliance history
information for each facility, business entity, joint venture, or other
undertaking in which any of the persons listed in this subsection is or has
been an owner, operator, officer, director, manager, member, or partner, or in
which any of the persons listed in this subsection has had a direct or indirect
interest as requested by the Department.
…."
SECTION 14.20.(e) This section becomes effective August 1, 2015. G.S. 130A‑294(b1)(2), as amended by subsection (a) of this section, applies to franchise agreements executed on or after August 1, 2015. The remainder of G.S. 130A‑294, as amended by subsection (a) of this section, and G.S. 130A‑295.8, as amended by subsection (c) of this section, apply to (i) existing sanitary landfills and transfer stations, with a valid permit issued before the date this act becomes effective, when that permit is next subject to renewal after July 1, 2016, and (ii) new sanitary landfills and transfer stations, for applications submitted on or after July 1, 2016.
Environmental Review Commission Studies
SECTION 14.21.(a) The Environmental Review Commission shall convene a stakeholder working group to study local government authority over solid waste management matters, including (i) the authority to enact ordinances concerning collection and processing of solid waste generated within their jurisdictions, as well as their authority to charge fees for such services; (ii) an examination of costs to local governments for providing solid waste collection and processing services to citizens; (iii) whether efficiencies and cost reductions could be realized through privatization of such services, and what impacts might result from privatization, including any bearing on local government financing of currently sited solid waste management facilities; and (iv) any other issue the Commission deems relevant. In the conduct of this study, the Commission shall consult with representatives of the League of Municipalities, the Association of County Commissioners, the Local Government Commission, faculty from the School of Government at the University of North Carolina at Chapel Hill, as well as private waste management interests, at a minimum. The Division of Waste Management and the Division of Environmental Assistance and Customer Service of the Department of Environment and Natural Resources shall provide any information and personnel requested by the Commission in the conduct of a study required by this section.
SECTION 14.21.(b) The Environmental Review Commission shall study the use of new technologies and strategies, including the use of integrated and mobile aerosolization systems, to dewater leachate and other forms of wastewater for the purpose of reducing the burden and cost of disposal at the site where it is generated. The Commission shall determine the efficiency, cost‑effectiveness, and environmental impact of each studied technology and strategy. The Division of Waste Management and the Division of Water Resources of the Department of Environment and Natural Resources shall provide any information and personnel requested by the Commission in the conduct of a study required by this section.
Pre‑1983 Landfill CLEanup PrivAtization
SECTION 14.22.(a) Legislative Findings. – The General Assembly makes the following findings:
(1) Section 5 of Article XIV of the North Carolina Constitution sets out the conservation and protection of State lands and waters as a policy of the State, and a more expeditious method for remediation and reuse of pre‑1983 landfill sites and other State‑identified contaminated sites is in furtherance of that policy.
(2) Despite past legislative directives, a dedicated source of revenue, and a considerable fund balance, little progress has been made in active cleanup of these landfill sites.
(3) Qualified private firms should be given the opportunity to remediate pre‑1983 landfills and other State‑identified contamination sites.
(4) Implementation of a site assessment and remediation program based on requests for proposal from private firms for the 10 highest‑priority pre‑1983 landfill sites will result in multiple benefits to the State, including (i) reducing known environmental hazards that are associated with the many identified sites across the State, (ii) decreasing the State's economic liability for these sites, (iii) promoting economic growth through the job creation associated with returning these sites to beneficial and productive use, and (iv) establishing an efficient, cost‑effective model for other State projects.
SECTION 14.22.(b) G.S. 130A‑310.6 is amended by adding a new subsection to read:
"(h) The Department shall implement an ongoing program that provides for the expeditious assessment and, where indicated as necessary based on assessment and other data, the conduct of site remediation by qualified private entities at no less than 10 of the pre‑1983 landfill sites that have been identified by the Department as being among the 100 sites rated highest in priority under subsection (c) of this section. The program shall include the following activities to be undertaken by the Department:
(1) Contract via issuance of a Request for Proposal with one or more qualified private entities who have prequalified under procedures established by the Department for (i) remaining assessment and contamination delineation activities necessary to identify those sites within the 100 highest‑priority sites where completion of site remediation will yield maximum health, safety, and economic benefits based on an evaluation of potential beneficial and productive use of the site, impact of the unremediated site on uses of surrounding property, and other pertinent factors and (ii) remediation of the selected sites utilizing private sector best practices for maximizing efficacy and cost‑effectiveness of the remedial alternative selected.
(2) Develop requirements for full‑time monitoring of project sites to ensure that remedial activities are conducted in a safe and environmentally protective manner and performed to a health‑based, predetermined risk standard based on the proposed subsequent use of the properties."
SECTION 14.22.(c) G.S. 143‑64.34 reads as rewritten:
"§ 143‑64.34. Exemption of certain projects.
(a) State capital improvement projects under the jurisdiction of the State Building Commission, capital improvement projects of The University of North Carolina, and community college capital improvement projects, where the estimated expenditure of public money is less than five hundred thousand dollars ($500,000), are exempt from the provisions of this Article.
(b) Pre‑1983 landfill sites remediated pursuant to G.S. 130A‑310.6 are exempt from the provisions of this Article."
SECTION 14.22.(d) The Department of Environment and Natural Resources shall seek United States Environmental Protection Agency approval for implementation of all elements of the program required by this section. On or before December 31, 2015, the Department shall develop and submit any Memoranda of Agreement, delineations of programmatic responsibility, procedure for coordination, and other information that the United States Environmental Protection Agency may require in order to effectuate the elements of the program required by this section.
SECTION 14.22.(e) If approval for implementation of all elements of the program required by this section is received by the United States Environmental Protection Agency, the Department of Environment and Natural Resources shall issue the Request for Proposal required by G.S. 130A‑310.6(h), as enacted by subsection (b) of this section, no later than 60 days of receipt of that approval.
SECTION 14.22.(f) The Department shall review and evaluate other states' requirements, programs, and policies for remediation of sites similar to those classified as "pre‑1983 landfills" as defined by the State with a focus on other states that may have implemented requirements, programs, and policies that are resulting in safe remediation of such sites and that are performed in a more cost‑effective and expeditious manner than that performed in North Carolina under traditional remediation requirements, programs, and policies and report its findings, including recommendations for further legislative action, to the chairs of the House of Representatives Appropriations Committee on Agriculture and Natural and Economic Resources, the Senate Appropriations Committee on Natural and Economic Resources, and the Fiscal Research Division prior to May 15, 2016.
Compensatory Mitigation Requirements
SECTION 14.23.(a) The Department of Environment and Natural Resources, Division of Mitigation Services, shall develop a program to increase the State's ability to utilize private mitigation banks to satisfy compensatory mitigation requirements of the State. The program shall include all of the following components:
(1) Thirty months after the effective date of this act, the Division of Mitigation Services shall cease acceptance of fees for governmental and nongovernmental entities in lieu of mitigation for stream, wetland, riparian buffer, and nutrient impacts permitted to occur in the Neuse, Cape Fear, and Tar‑Pamlico River Basins.
(2) The Department, with the concurrence of the Environmental Management Commission (Commission), may cease acceptance of fees in lieu of mitigation within additional river basins after June 30, 2018, provided the public is notified at least 24 months in advance of the cessation of service.
(3) In the event of unforeseen, unique, or exigent circumstances and upon the request of the Secretary of Commerce or the Secretary of Transportation, the Department may direct the Division of Mitigation Services to accept fees in lieu of mitigation to support permits for projects owned or sponsored by those Departments.
(4) The Division of Mitigation Services shall continue to provide watershed planning statewide under a fee structure set by the Commission.
(5) The Division of Mitigation Services will manage the inventory and utilization of all existing mitigation credits held by the North Carolina Department of Transportation and shall also oversee and direct the future acquisition of mitigation credits by that Department.
SECTION 14.23.(b) No later than October 1, 2015, the Commission shall adopt temporary rules consistent with this subsection. The temporary rules shall remain in effect until permanent rules that replace the temporary rules become effective.
Petition for Wetlands Mitigation Flexibility
SECTION 14.24.(a) No later than October 1, 2015, the Department of Environment and Natural Resources shall petition the Wilmington District, the South Atlantic District, and the Headquarters of the United States Army Corps of Engineers (the Corps Offices) to allow for greater flexibility and opportunity to perform wetlands mitigation outside of the eight‑digit Hydrologic Unit Code (HUC) where development will occur. The Department shall seek this greater flexibility and opportunity for mitigation for both public and private development. The Department shall request that the Corps Offices review the flexibility and opportunities for mitigation allowed by other Districts of the United States Army Corps of Engineers, both within the South Atlantic District and nationwide.
SECTION 14.24.(b) The Department shall report on its progress in petitioning the Corps Offices as required by subsection (a) of this section to the Environmental Review Commission, the chairs of the Senate Appropriations Committee on Natural and Economic Resources and the House Appropriations Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division no later than January 1, 2016.
Section 404 Permitting Program Delegation
SECTION 14.25. The funds appropriated in this act for Section 404 Program delegation application shall be used by the Department of Environment and Natural Resources to issue a Request for Proposal for a consultant to plan and prepare an application for the assumption by the State of administration of the Section 404 permitting program under the Federal Water Pollution Control Act for North Carolina from the United States Army Corps of Engineers (Corps).
REPEAL SEDIMENTATION CONTROL COMMISSION AND TRANSFER RESPONSIBILITIES TO THE ENVIRONMENTAL MANAGEMENT COMMISSION AND REFORM CIVIL PENALTIES UNDER THE SEDIMENTATION POLLUTION CONTROL ACT
SECTION 14.26.(a) Part 8 of Article 7 of Chapter 143B of the General Statutes is repealed.
SECTION 14.26.(b) G.S. 113A‑52(2) reads as rewritten:
"(2) "Commission" means the North
Carolina Sedimentation ControlEnvironmental Management Commission."
SECTION 14.26.(c) G.S. 113A‑54.1(c) reads as rewritten:
"§ 113A‑54.1. Approval of erosion control plans.
…
(c) The Commission shall disapprove an erosion and
sedimentation control plan if implementation of the plan would result in a
violation of rules adopted by the Environmental Management Commission to
protect riparian buffers along surface waters. The Director of the Division of
Energy, Mineral, and Land Resources may disapprove an erosion and sedimentation
control plan or disapprove a transfer of a plan under subsection (d1) of this
section upon finding that an applicant or a parent, subsidiary, or other
affiliate of the applicant:
(1) Is conducting or has conducted land‑disturbing activity without an approved plan, or has received notice of violation of a plan previously approved by the Commission or a local government pursuant to this Article and has not complied with the notice within the time specified in the notice;
(2) Has failed to pay a civil penalty assessed pursuant to this Article or a local ordinance adopted pursuant to this Article by the time the payment is due;
(3) Has been convicted of a misdemeanor pursuant to G.S. 113A‑64(b) or any criminal provision of a local ordinance adopted pursuant to this Article; or
(4) Has failed to substantially comply with State rules or local ordinances and regulations adopted pursuant to this Article."
SECTION 14.26.(d) G.S. 113A‑57(1) reads as rewritten:
"§ 113A‑57. Mandatory standards for land‑disturbing activity.
No land‑disturbing activity subject to this Article shall be undertaken except in accordance with the following mandatory requirements:
(1) No land‑disturbing activity during periods of
construction or improvement to land shall be permitted in proximity to a lake
or natural watercourse unless a buffer zone is provided along the margin of the
watercourse of sufficient width to confine visible siltation within the twenty‑five
percent (25%) of the buffer zone nearest the land‑disturbing activity.
Waters that have been classified as trout waters by the Environmental
Management Commission shall have an undisturbed buffer zone 25 feet wide or
of sufficient width to confine visible siltation within the twenty‑five
percent (25%) of the buffer zone nearest the land‑disturbing activity,
whichever is greater. Provided, however, that the Sedimentation Control Commission
may approve plans which include land‑disturbing activity along trout
waters when the duration of said disturbance would be temporary and the extent
of said disturbance would be minimal. This subdivision shall not apply to a
land‑disturbing activity in connection with the construction of
facilities to be located on, over, or under a lake or natural watercourse."
SECTION 14.26.(e) G.S. 113A‑61(b1) reads as rewritten:
"(b1) A local government shall condition approval of
a draft erosion and sedimentation control plan upon the applicant's compliance
with federal and State water quality laws, regulations, and rules. A local
government shall disapprove an erosion and sedimentation control plan if
implementation of the plan would result in a violation of rules adopted by the Environmental
Management Commission to protect riparian buffers along surface waters. A
local government may disapprove an erosion and sedimentation control plan or
disapprove a transfer of a plan under subsection (b3) of this section upon
finding that an applicant or a parent, subsidiary, or other affiliate of the
applicant:
(1) Is conducting or has conducted land‑disturbing activity without an approved plan, or has received notice of violation of a plan previously approved by the Commission or a local government pursuant to this Article and has not complied with the notice within the time specified in the notice.
(2) Has failed to pay a civil penalty assessed pursuant to this Article or a local ordinance adopted pursuant to this Article by the time the payment is due.
(3) Has been convicted of a misdemeanor pursuant to G.S. 113A‑64(b) or any criminal provision of a local ordinance adopted pursuant to this Article.
(4) Has failed to substantially comply with State rules or local ordinances and regulations adopted pursuant to this Article."
SECTION 14.26.(f) G.S. 113A‑125(c) reads as rewritten:
"(c) Within the meaning of this section, "existing
regulatory permits" include dredge and fill permits issued pursuant to G.S. 113‑229;
sand dune permits issued pursuant to G.S. 104B‑4; air pollution
control and water pollution control permits, special orders or certificates
issued pursuant to G.S. 143‑215.1 and 143‑215.2, or any other
permits, licenses, authorizations, approvals or certificates issued by the
Board of Water and Air Resources pursuant to Chapter 143; capacity use area
permits issued pursuant to G.S. 143‑215.15; final approval of dams
pursuant to G.S. 143‑215.30; floodway permits issued pursuant to G.S. 143‑215.54;
water diversion authorizations issued pursuant to G.S. 143‑354(c);
oil refinery permits issued pursuant to G.S. 143‑215.99; mining
operating permits issued pursuant to G.S. 74‑51; permissions for
construction of wells issued pursuant to G.S. 87‑88; and rules
concerning pesticide application within the coastal area issued pursuant to G.S. 143‑458;
approvals by the Department of Health and Human Services of plans for water
supply, drainage or sewerage, pursuant to G.S. 130‑161.1 and 130‑161.2;
standards and approvals for solid waste disposal sites and facilities, adopted
by the Department of Health and Human Services pursuant to Chapter 130, Article
13B; permits relating to sanitation of shellfish, crustacea or scallops issued
pursuant to Chapter 130, Articles 14A or 14B; permits, approvals,
authorizations and rules issued by the Department of Health and Human Services
pursuant to Articles 23 or 24 of Chapter 130 with reference to mosquito control
programs or districts; any permits, licenses, authorizations, rules, approvals
or certificates issued by the Department of Health and Human Services relating
to septic tanks or water wells; oil or gas well rules and orders issued for the
protection of environmental values or resources pursuant to G.S. 113‑391;
a certificate of public convenience and necessity issued by the State Utilities
Commission pursuant to Chapter 62 for any public utility plant or system, other
than a carrier of persons or property; permits, licenses, leases, options,
authorization or approvals relating to the use of State forestlands, State
parks or other state‑owned land issued by the State Department of
Administration, the State Department of Natural and Economic Resources or any
other State department, agency or institution; any approvals of erosion and
sedimentation control plans that may be issued by the North Carolina
Sedimentation ControlCommission pursuant to G.S. 113A‑60 or 113A‑61;
and any permits, licenses, authorizations, rules, approvals or certificates
issued by any State agency pursuant to any environmental protection legislation
not specified in this subsection that may be enacted prior to the permit
changeover date."
SECTION 14.26.(g) G.S. 143B‑279.3(b) reads as rewritten:
"(b) All functions, powers, duties, and obligations previously vested in the following commissions, boards, councils, and committees of the following departments are transferred to and vested in the Department of Environment and Natural Resources by a Type II transfer, as defined in G.S. 143A‑6:
(1) Repealed by Session Laws 1993, c. 501, s. 27.
(2) Radiation Protection Commission, Department of Health and Human Services.
(3) Repealed by Session Laws 1997‑443, s. 11A.6.
(4) Water Treatment Facility Operators Board of Certification, Department of Health and Human Services.
(5) to (8) Repealed by Session Laws 1997‑443, s. 11A.6.
(9) Coastal Resources Commission, Department of Natural Resources and Community Development.
(10) Environmental Management Commission, Department of Natural Resources and Community Development.
(11) Air Quality Council, Department of Natural Resources and Community Development.
(12) Wastewater Treatment Plant Operators Certification Commission, Department of Natural Resources and Community Development.
(13) Repealed by Session Laws 2011‑145, s. 13.25(e), effective July 1, 2011.
(14) North Carolina Mining and Energy Commission, Department of Natural Resources and Community Development.
(15) Advisory Committee on Land Records, Department of Natural Resources and Community Development.
(16) Marine Fisheries Commission, Department of Natural Resources and Community Development.
(17) Parks and Recreation Council, Department of Natural Resources and Community Development.
(18) Repealed by Session Laws 2013‑360, s. 14.3(j), effective August 1, 2013.
(19) North Carolina Trails Committee, Department of Natural Resources and Community Development.
(20) Sedimentation Control Commission,
Department of Natural Resources and Community Development.
(21) Repealed by Session Laws 2011‑145, s. 13.22A(d), effective July 1, 2011.
(22) North Carolina Zoological Park Council, Department of Natural Resources and Community Development.
(23) Repealed by Session Laws 1997‑286, s. 6."
SECTION 14.26.(h) G.S. 150B‑19.3 reads as rewritten:
"§ 150B‑19.3. Limitation on certain environmental rules.
(a) An agency authorized to implement and enforce State and federal environmental laws may not adopt a rule for the protection of the environment or natural resources that imposes a more restrictive standard, limitation, or requirement than those imposed by federal law or rule, if a federal law or rule pertaining to the same subject matter has been adopted, unless adoption of the rule is required by one of the subdivisions of this subsection. A rule required by one of the following subdivisions of this subsection shall be subject to the provisions of G.S. 150B‑21.3(b1) as if the rule received written objections from 10 or more persons under G.S. 150B‑21.3(b2):
(1) A serious and unforeseen threat to the public health, safety, or welfare.
(2) An act of the General Assembly or United States Congress that expressly requires the agency to adopt rules.
(3) A change in federal or State budgetary policy.
(4) A federal regulation required by an act of the United States Congress to be adopted or administered by the State.
(5) A court order.
(b) For purposes of this section, "an agency authorized to implement and enforce State and federal environmental laws" means any of the following:
(1) The Department of Environment and Natural Resources created pursuant to G.S. 143B‑279.1.
(2) The Environmental Management Commission created pursuant to G.S. 143B‑282.
(3) The Coastal Resources Commission established pursuant to G.S. 113A‑104.
(4) The Marine Fisheries Commission created pursuant to G.S. 143B‑289.51.
(5) The Wildlife Resources Commission created pursuant to G.S. 143‑240.
(6) The Commission for Public Health created pursuant to G.S. 130A‑29.
(7) The Sedimentation Control Commission
created pursuant to G.S. 143B‑298.
(8) (Effective until August 1, 2015) The North Carolina Mining and Energy Commission created pursuant to G.S. 143B‑293.1.
(8) (Effective August 1, 2015) The North Carolina Oil and Gas Commission created pursuant to G.S. 143B‑293.1.
(9) The Pesticide Board created pursuant to G.S. 143‑436."
SECTION 14.26.(i) G.S. 143B‑282 reads as rewritten:
"§ 143B‑282. Environmental Management Commission – creation; powers and duties.
(a) There is hereby created the Environmental Management Commission of the Department of Environment and Natural Resources with the power and duty to promulgate rules to be followed in the protection, preservation, and enhancement of the water and air resources of the State.
(1) Within the limitations of G.S. 143‑215.9 concerning industrial health and safety, the Environmental Management Commission shall have all of the following powers and duties:
…
w. To, in cooperation with the Secretary of Transportation and Highway Safety and other appropriate State and federal agencies, develop, promulgate, publicize, and administer a comprehensive State erosion and sedimentation control program pursuant to Article 4 of Chapter 113A of the General Statutes.
x. To assist local governments in the development of erosion and sedimentation programs pursuant to G.S. 113A‑60.
y. To assist and encourage other State agencies in the development of erosion and sedimentation control programs pursuant to G.S. 113A‑56.
z. To develop recommended methods of control of sedimentation and prepare and make available for distribution publications and other materials dealing with sedimentation control techniques pursuant to G.S. 113A‑54.
(2) The Environmental Management Commission shall adopt rules:
…
m. For the control of erosion and sedimentation pursuant to G.S. 113A‑54.
…."
SECTION 14.26.(j) Notwithstanding G.S. 113A‑54(b), the Environmental Management Commission shall review the rules adopted by the Sedimentation Control Commission and amend or repeal any such rules that the Environmental Management Commission determines to be outdated, unnecessary, duplicative, or confusing. The Environmental Management Commission shall report its findings and any actions taken pursuant to this section to the Environmental Review Commission on or before January 1, 2016.
SECTION 14.26.(k) G.S. 113A‑54 is amended by adding a new subsection to read:
"(g) The Commission is authorized to make the final decision on a request for the remission of a civil penalty under G.S. 113A‑64.2."
SECTION 14.26.(l) G.S. 113A‑64(a) reads as rewritten:
"(a) Civil Penalties. –
(1) Any person who violates any of the provisions of this Article or any ordinance, rule, or order adopted or issued pursuant to this Article by the Commission or by a local government, or who initiates or continues a land‑disturbing activity for which an erosion and sedimentation control plan is required except in accordance with the terms, conditions, and provisions of an approved plan, is subject to a civil penalty. The maximum civil penalty for a violation is five thousand dollars ($5,000). A civil penalty may be assessed from the date of the violation. Each day of a continuing violation shall constitute a separate violation. When the person has not been assessed any civil penalty under this subsection for any previous violation and that person abated continuing environmental damage resulting from the violation within 180 days from the date of the notice of violation, the maximum cumulative total civil penalty assessed under this subsection for all violations associated with the land‑disturbing activity for which the erosion and sedimentation control plan is required is twenty‑five thousand dollars ($25,000).
(2) The Secretary or a local government that
administers an erosion and sedimentation control program approved under G.S. 113A‑60
shall determine the amount of the civil penalty and shall notify the person who
is assessed the civil penalty of the amount of the penalty andpenalty,
the reason for assessing the penalty.penalty, the option available to
that person to request a remission of the civil penalty under G.S. 113A‑64.2,
the date of the deadline for that person to make the request regarding this
particular penalty, and, when that person has not been assessed any civil
penalty under this section for any previous violation, the date of the deadline
for that person to abate continuing environmental damage resulting from the violation
in order to be subject to the maximum cumulative total civil penalty under
subdivision (1) of this subsection. The notice of assessment shall be
served by any means authorized under G.S. 1A‑1, Rule 4, and shall
direct the violator to either pay the assessment or contest the assessment
within 30 days by filing a petition for a contested case under Article 3 of
Chapter 150B of the General Statutes. If a violator does not pay a civil
penalty assessed by the Secretary within 30 days after it is due, the Department
shall request the Attorney General to institute a civil action to recover the
amount of the assessment. If a violator does not pay a civil penalty assessed
by a local government within 30 days after it is due, the local government may
institute a civil action to recover the amount of the assessment. The civil
action may be brought in the superior court of any county where the violation
occurred or the violator's residence or principal place of business is located.
A civil action must be filed within three years of the date the assessment was
due. An assessment that is not contested is due when the violator is served
with a notice of assessment. An assessment that is contested is due at the
conclusion of the administrative and judicial review of the assessment.
…."
SECTION 14.26.(m) Article 4 of Chapter 113A of the General Statutes is amended by adding a new section to read:
"§ 113A‑64.2. Remission of civil penalties.
(a) Notwithstanding G.S. 143B‑282.1(c), the Commission's Committee on Civil Penalty Remissions shall evaluate requests for remission of civil penalties assessed under this Article in accordance with this section.
(b) A request for remission of a civil penalty imposed under G.S. 113A‑64 may be filed with the Commission within 60 days of receipt of the notice of assessment. A remission request must be accompanied by a waiver of the right to a contested case hearing pursuant to Chapter 150B of the General Statutes and a stipulation of the facts on which the assessment was based.
(c) The following factors shall be considered in determining whether a civil penalty remission request will be approved:
(1) Whether one or more of the civil penalty assessment factors in G.S. 113A‑64(a)(3) were wrongly applied to the detriment of the petitioner.
(2) Whether the petitioner promptly abated continuing environmental damage resulting from the violation.
(3) Whether the violation was inadvertent or a result of an accident.
(4) Whether the petitioner had been assessed civil penalties for any previous violations.
(5) Whether payment of the civil penalty will prevent payment for necessary remedial actions or would otherwise create a significant financial hardship.
(6) The assessed property tax valuation of the petitioner's property upon which the violation occurred, excluding the value of any structures located on the property.
(d) The petitioner has the burden of providing information concerning the financial impact of a civil penalty on the petitioner and the burden of showing the petitioner's financial hardship.
(e) The Commission may remit the entire amount of the penalty only when the petitioner has not been assessed civil penalties for previous violations and payment of the civil penalty will prevent payment for necessary remedial actions.
(f) The Commission may not impose a penalty under this section that is in excess of the civil penalty imposed by the Department."
SECTION 14.26.(n) G.S. 113A‑61.1(c) reads as rewritten:
"(c) If the Secretary, a local government that administers an erosion and sedimentation control program approved under G.S. 113A‑60, or other approving authority determines that the person engaged in the land‑disturbing activity has failed to comply with this Article, the Secretary, local government, or other approving authority shall immediately serve a notice of violation upon that person. The notice may be served by any means authorized under G.S. 1A‑1, Rule 4. A notice of violation shall specify a date by which the person must comply with this Article and inform the person of the actions that need to be taken to comply with this Article. Any person who fails to comply within the time specified is subject to additional civil and criminal penalties for a continuing violation as provided in G.S. 113A‑64. If the person engaged in the land‑disturbing activity has not received a previous notice of violation under this section, the Department, local government, or other approving authority shall deliver the notice of violation in person and shall offer assistance in developing corrective measures. Assistance may be provided by referral to a technical assistance program in the Department, referral to a cooperative extension program, or by the provision of written materials such as Department guidance documents. If the Department, local government, or other approving authority is unable to deliver the notice of violation in person within 15 days following discovery of the violation, the notice of violation may be served in the manner prescribed for service of process by G.S. 1A‑1, Rule 4, and shall include information on how to obtain assistance in developing corrective measures."
SECTION 14.26.(o) Subsections (a) through (j) of this section become effective June 30, 2015. The remainder of this section is effective when this act becomes law and applies to civil penalties assessed and notices of violation issued on or after that date.
Energy Centers
SECTION 14.27. Of the funds appropriated in this act for University energy centers, the sum of seven hundred ninety‑four thousand one hundred forty‑eight dollars ($794,148) shall be allocated to the existing energy center at North Carolina Agricultural and Technical University and the sum of three hundred seventeen thousand ninety‑four dollars ($317,094) shall be allocated to the University of North Carolina at Charlotte for establishment of a University Energy Center. The Centers shall prioritize the use of these funds for study of the beneficial reuse of coal combustion residuals.
GEOLOGICAL RESEARCH FUNDS
SECTION 14.28.(a) The funds appropriated by this act to the Department of Environment and Natural Resources for geological research related to natural gas assessment and development shall be used to fund a contract with a qualified private entity to perform a comprehensive basin analysis on all known and potential onshore natural gas resources within the State. The contract may include as part of the statewide basin analysis the digitization, analysis, or reanalysis of geologic data related to natural gas exploration or development opportunities, including utilization of existing seismic reflection data. The analysis shall include recommendations and conclusions regarding the extent of potential natural gas‑bearing rocks in the State, the potential volumes of oil and gas within these basins, and additional data and data analysis necessary to better quantify geographic extent, volume, and quality of potential onshore oil and gas resources (together with cost estimates to acquire and process these data).
SECTION 14.28.(b) The Department shall transmit the consultant's report and recommendations no later than December 1, 2016, to the Environmental Review Commission; the chairs of the Senate Appropriations Committee on Natural and Economic Resources and the House Appropriations Committee on Agriculture, Natural, and Economic Resources; and the Fiscal Research Division on the results of the study and its proposed strategy as required by subsection (a) of this section, including any legislative recommendations.
Restriction on Certain Federal Grants
SECTION 14.29. The Department of Environment and Natural Resources shall not apply for funding from the following grant programs in future grant cycles:
(1) SEP (State Energy Program) Competitive Grant.
(2) Clean Energy and Manufacturing.
Consolidate all State Attractions within Department of Cultural Resources to Create the Department of Natural and Cultural Resources
SECTION 14.30.(a) The Department of Cultural Resources is renamed the Department of Natural and Cultural Resources, and all functions, powers, duties, and obligations vested in the following programs, divisions, and entities within the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Department of Natural and Cultural Resources by a Type I transfer, as defined in G.S. 143A‑6:
(1) The Division of Parks and Recreation.
(2) The State Parks System, including Mount Mitchell State Park.
(3) The North Carolina Aquariums Division.
(4) The North Carolina Zoological Park.
(5) The Museum of Natural Sciences.
SECTION 14.30.(b) All functions, powers, duties, and obligations vested in the following commissions, boards, councils, and committees within the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Department of Natural and Cultural Resources by a Type II transfer, as defined in G.S. 143A‑6:
(1) North Carolina Parks and Recreation Authority.
(2) North Carolina Trails Committee.
(3) North Carolina Zoological Park Council.
(4) Advisory Commission for North Carolina State Museum of Natural Sciences.
SECTION 14.30.(c) The Department of Environment and Natural Resources is renamed the Department of Environmental Quality. All references to the Department of Environment and Natural Resources or the Department of Cultural Resources in acts of the 2015 General Assembly taking effect after the effective date of this section shall be construed to refer to the Department of Environmental Quality or the Department of Natural and Cultural Resources, respectively. References to duties or requirements of the Department of Environment and Natural Resources with respect to entities transferred under subsections (a) and (b) of this section shall be construed as duties or requirements of the Department of Natural and Cultural Resources as reorganized by this section.
RECODIFICATION OF AFFECTED STATUTES
SECTION 14.30.(d) The following apply to any recodification pursuant to subsections (e) through (k) of this section:
(1) The recodifications are of the affected statutes as rewritten by subsections (l) through (r) of this section, as applicable.
(2) Prior session laws that required the Revisor of Statutes to set out certain provisions as notes to the former statutes shall be set out as notes to the recodified statutes.
SECTION 14.30.(e) Subchapter II of Chapter 113 of the General Statutes, consisting of Article 2 and Article 2C, and G.S. 113‑23 are recodified as Parts 31 and 32 of Article 2 of Chapter 143B of the General Statutes as set forth in the table below:
Former Citation Recodified Citation
Article 2: Part 31:
G.S. 113‑29 G.S. 143B‑135.10
G.S. 113‑34 G.S. 143B‑135.12
G.S. 113‑34.1 G.S. 143B‑135.14
G.S. 113‑35 G.S. 143B‑135.16
G.S. 113‑37 G.S. 143B‑135.18
G.S. 113‑39 G.S. 143B‑135.20
G.S. 113‑40 G.S. 143B‑135.22
G.S. 113‑41 G.S. 143B‑135.24
G.S. 113‑42 G.S. 143B‑135.26
G.S. 113‑43 G.S. 143B‑135.28
G.S. 113‑44 G.S. 143B‑135.30
Article 2C: Part 32:
G.S. 113‑44.7 G.S. 143B‑135.40
G.S. 113‑44.8 G.S. 143B‑135.42
G.S. 113‑23 G.S. 143B‑135.43
G.S. 113‑44.9 G.S. 143B‑135.44
G.S. 113‑44.10 G.S. 143B‑135.46
G.S. 113‑44.11 G.S. 143B‑135.48
G.S. 113‑44.12 G.S. 143B‑135.50
G.S. 113‑44.13 G.S. 143B‑135.52
G.S. 113‑44.14 G.S. 143B‑135.54
G.S. 113‑44.15 G.S. 143B‑135.56
SECTION 14.30.(f) Articles 5 and 6 of Chapter 113A of the General Statutes and Part 21 of Article 7 of Chapter 143B of the General Statutes and Article 3 of Chapter 113A of the General Statutes are recodified as Parts 33, 34, 35, and 36 of Article 2 of Chapter 143B of the General Statutes as set forth in the table below:
Former Citation Recodified Citation
Article 5: Part 33:
G.S. 113A‑72 G.S. 143B‑135.70
G.S. 113A‑73 G.S. 143B‑135.72
G.S. 113A‑74 G.S. 143B‑135.74
G.S. 113A‑75 G.S. 143B‑135.76
G.S. 113A‑76 G.S. 143B‑135.78
G.S. 113A‑77 G.S. 143B‑135.80
Article 6: Part 34:
G.S. 113A‑83 G.S. 143B‑135.90
G.S. 113A‑84 G.S. 143B‑135.92
G.S. 113A‑85 G.S. 143B‑135.94
G.S. 113A‑86 G.S. 143B‑135.96
G.S. 113A‑87 G.S. 143B‑135.98
G.S. 113A‑87.1 G.S. 143B‑135.100
G.S. 113A‑88 G.S. 143B‑135.102
G.S. 113A‑89 G.S. 143B‑135.104
G.S. 113A‑90 G.S. 143B‑135.106
G.S. 113A‑91 G.S. 143B‑135.108
G.S. 113A‑92 G.S. 143B‑135.110
G.S. 113A‑92.1 G.S. 143B‑135.112
G.S. 113A‑93 G.S. 143B‑135.114
G.S. 113A‑94 G.S. 143B‑135.116
G.S. 113A‑95 G.S. 143B‑135.118
Part 21: Part 35:
G.S. 143B‑333 G.S. 143B‑135.130
G.S. 143B‑334 G.S. 143B‑135.132
Article 3: Part 36:
G.S. 113A‑30 G.S. 143B‑135.140
G.S. 113A‑31 G.S. 143B‑135.142
G.S. 113A‑32 G.S. 143B‑135.144
G.S. 113A‑33 G.S. 143B‑135.146
G.S. 113A‑34 G.S. 143B‑135.148
G.S. 113A‑35 G.S. 143B‑135.150
G.S. 113A‑35.1 G.S. 143B‑135.152
G.S. 113A‑35.2 G.S. 143B‑135.154
G.S. 113A‑36 G.S. 143B‑135.156
G.S. 113A‑37 G.S. 143B‑135.158
G.S. 113A‑38 G.S. 143B‑135.160
G.S. 113A‑39 G.S. 143B‑135.162
G.S. 113A‑40 G.S. 143B‑135.164
G.S. 113A‑41 G.S. 143B‑135.166
G.S. 113A‑42 G.S. 143B‑135.168
G.S. 113A‑43 G.S. 143B‑135.170
G.S. 113A‑44 G.S. 143B‑135.172
SECTION 14.30.(g) Part 5C of Article 7 of Chapter 143B of the General Statutes is recodified as Part 37 of Article 2 of Chapter 143B of the General Statutes as set forth in the table below:
Former Citation Recodified Citation
Part 5C: Part 37:
G.S. 143B‑289.40 G.S. 143B‑135.180
G.S. 143B‑289.41 G.S. 143B‑135.182
G.S. 143B‑289.42 G.S. 143B‑135.184
G.S. 143B‑289.43 G.S. 143B‑135.186
G.S. 143B‑289.44 G.S. 143B‑135.188
G.S. 143B‑289.45 G.S. 143B‑135.190
SECTION 14.30.(h) Part 13A of Article 7 of Chapter 143B of the General Statutes is recodified as Part 38 of Article 2 of Chapter 143B of the General Statutes as set forth in the table below:
Former Citation Recodified Citation
Part 13A: Part 38:
G.S. 143B‑313.1 G.S. 143B‑135.200
G.S. 143B‑313.2 G.S. 143B‑135.202
SECTION 14.30.(i) Part 22 of Article 7 of Chapter 143B of the General Statutes is recodified as Part 39 of Article 2 of Chapter 143B of the General Statutes as set forth in the table below:
Former Citation Recodified Citation
Part 22: Part 39:
G.S. 143B‑335 G.S. 143B‑135.205
G.S. 143B‑336 G.S. 143B‑135.207
G.S. 143B‑336.1 G.S. 143B‑135.209
SECTION 14.30.(j) Article 14 of Chapter 143 of the General Statutes, consisting of G.S. 143‑177 through G.S. 143‑177.3, is recodified into Part 39 of Article 2 of Chapter 143B as set forth in the table below:
Former Citation Recodified Citation
G.S. 143‑177 G.S. 143B‑135.210
G.S. 143‑177.1 G.S. 143B‑135.211
G.S. 143‑177.2 G.S. 143B‑135.212
G.S. 143‑177.3 G.S. 143B‑135.213
SECTION 14.30.(k) Part 29 of Article 7 of Chapter 143B of the General Statutes is recodified as Part 40 of Article 2 of Chapter 143B of the General Statutes as set forth in the table below:
Former Citation Recodified Citation
Part 29: Part 40:
G.S. 143B‑344.18 G.S. 143B‑135.215
G.S. 143B‑344.19 G.S. 143B‑135.217
G.S. 143B‑344.20 G.S. 143B‑135.219
G.S. 143B‑344.21 G.S. 143B‑135.221
G.S. 143B‑344.22 G.S. 143B‑135.223
G.S. 143B‑344.23 G.S. 143B‑135.229
REVISIONS OF RECODIFIED STATUTES
SECTION 14.30.(l) Parts 31 and 32 of Article 2 of Chapter 143B of the General Statutes, as recodified by subsection (e) of this section, reads as rewritten:
"Part 31. Acquisition and Control of State Parks.
"§ 143B‑135.10. Definitions.
(a) In this Article, Part, unless
the context requires otherwise, "Department" means the Department of Environment
and Natural Resources; Natural and Cultural Resources, and "Secretary"
means the Secretary of Environment and Natural Resources.Natural and
Cultural Resources.
(b) Repealed by Session Laws 2011‑145,
s. 13.25(n), effective July 1, 2011."
…
"§ 143B‑135.14. Power to acquire conservation lands not included in the State Parks System.
The Department of Administration may acquire and allocate to
the Department of Environment and Natural Resources Natural and
Cultural Resources for management by the Division of Parks and Recreation
lands that the Department of Environment and Natural Resources Natural
and Cultural Resources finds are important for conservation purposes but
which are not included in the State Parks System. Lands acquired pursuant to
this section are not subject to Article 2C of Chapter 113 Part 32 of
Article 2 of Chapter 143B of the General Statutes and may be traded or
transferred as necessary to protect, develop, and manage the Mountains to Sea
State Park Trail, other State parks, or other conservation lands. This section
does not expand the power granted to the Department of Environment and
Natural Resources Natural and Cultural Resources under G.S. 113‑34(a)
G.S. 143B‑135.12(a) to acquire land by condemnation.
"§ 143B‑135.16. Control over State parks; operation of public service facilities; concessions to private concerns; authority to charge fees and adopt rules.
(a) The Department shall make reasonable rules governing the use by the public of State parks and State lakes under its charge. These rules shall be posted in conspicuous places on and adjacent to the properties of the State and at the courthouse of the county or counties in which the properties are located. A violation of these rules is punishable as a Class 3 misdemeanor.
(a1)(b) The Department may adopt rules under
which the Secretary may issue a special‑use permit authorizing the use of
pyrotechnics in State parks in connection with public exhibitions. The rules
shall require that experts supervise the use of pyrotechnics and that written
authorization for the use of pyrotechnics be obtained from the board of
commissioners of the county in which the pyrotechnics are to be used, as
provided in G.S. 14‑410. The Secretary may impose any conditions on
a permit that the Secretary determines to be necessary to protect public
health, safety, and welfare. These conditions shall include a requirement that
the permittee execute an indemnification agreement with the Department and
obtain general liability insurance covering personal injury and property damage
that may result from the use of pyrotechnics with policy limits determined by
the Secretary.
(b)(c) The Department may construct, operate,
and maintain within the State parks, State lakes, and other areas under its
charge suitable public service facilities and conveniences, and may charge and
collect reasonable fees for the use of these facilities and conveniences. The
Department may also charge and collect reasonable fees for each of the
following:
(1) The erection, maintenance, and use of docks, piers, and any other structures permitted in or on State lakes under rules adopted by the Department.
(2) Fishing privileges in State parks and State lakes, provided that these privileges shall be extended only to holders of State hunting and fishing licenses who comply with all State game and fish laws.
(3) Vehicle access for off‑road driving at the beach at Fort Fisher State Recreation Area.
(4) The erection, maintenance, and use of a marina at Carolina Beach.
(b1)(d) Members of the public who pay a fee
under subsection (b) (c) of this section for access to Fort
Fisher State Recreation Area may have 24‑hour access to Fort Fisher State
Recreation Area from September 15 through March 15 of each year.
(c)(e) The Department may make reasonable
rules for the operation and use of boats or other craft on the surface of the
waters under its charge. The Department may charge and collect reasonable fees for
the use of boats and other watercraft that are purchased and maintained by the
Department; however, the Department shall not charge a fee for the use or
operation of any other boat or watercraft on these waters.
(d)(f) The Department may grant to private
individuals or companies concessions for operation of public service facilities
for such periods and upon such conditions as the Department deems to be in the
public interest. The Department may adopt reasonable rules for the regulation
of the use by the public of the lands and waters under its charge and of the
public service facilities and conveniences authorized under this section. A
violation of these rules is punishable as a Class 3 misdemeanor.
(d1)(g) The Department shall implement the
following recommendations: validate no less frequently than every five
years the number of visitors per car used in the calculation of visitor counts
at State Parks.
(e)(h) The authority granted to the
Department under this section is in addition to any authority granted to the
Department under any other provision of law.
"§ 143B‑135.18. Legislative authority necessary for payment.
Nothing in this Article Part shall operate or
be construed as authority for the payment of any money out of the State
treasury for the purchase of lands or for other purposes unless by
appropriation for said purpose by the General Assembly.
…."
"Part 32. State Parks Act.
"§ 143B‑135.40. Short title.
This Article Part shall be known as the State
Parks Act.
"§ 143B‑135.42. Declaration of policy and purpose.
(a) The State of North Carolina offers unique archaeologic, geologic, biological, scenic, and recreational resources. These resources are part of the heritage of the people of this State. The heritage of a people should be preserved and managed by the people for their use and for the use of their visitors and descendants.
(b) The General Assembly finds it appropriate to
establish the State Parks System. This system shall consist of parks which
include representative examples of the resources sought to be preserved by this
Article, Part, together with such surrounding lands as may be
appropriate. Park lands are to be used by the people of this State and their
visitors in order to promote understanding of and pride in the natural heritage
of this State.
(c) The tax dollars of the people of the State should
be expended in an efficient and effective manner for the purpose of assuring
that the State Parks System is adequate to accomplish the goals as defined in
this Article.Part.
(d) The purpose of this Article Part is
to establish methods and principles for the planned acquisition, development,
and operation of State parks.
"§ 143B‑135.44. Definitions.
As used in this Article, Part, unless the
context requires otherwise:
(1) "Department" means the Department of Environment
and Natural and Cultural Resources.
(2) "Park" means any tract of land or body of
water comprising part of the State Parks System under this Article, Part,
including existing State parks, State natural areas, State recreation areas,
State trails, State rivers, and State lakes.
(3) "Plan" means State Parks System Plan.
(4) "Secretary" means the Secretary of Environment
and Natural and Cultural Resources.
(5) "State Parks System" or "system"
mean all those lands and waters which comprise the parks system of the State as
established under this Article.Part.
"§ 143B‑135.46. Powers of the Secretary.
The Secretary shall implement the provisions of this Article
Part and shall be responsible for the administration of the State
Parks System.
"§ 143B‑135.48. Preparation of a System Plan.
(a) The Secretary shall prepare and adopt a State Parks System Plan by December 31, 1988. The Plan, at a minimum, shall:
(1) Outline a method whereby the mission and purposes
of the State Parks System as defined in G.S. 113‑44.8 G.S. 143B‑135.42
can be achieved in a reasonable, timely, and cost‑effective manner;
(2) Evaluate existing parks against these standards to determine their statewide significance;
(3) Identify duplications and deficiencies in the current State Parks System and make recommendations for correction;
(4) Describe the resources of the existing State Parks System and their current uses, identify conflicts created by those uses, and propose solutions to them; and
(5) Describe anticipated trends in usage of the State Parks System, detail what impacts these trends may have on the State Parks System, and recommend means and methods to accommodate those trends successfully.
(b) The Plan shall be developed with full public participation, including a series of public meetings held on adequate notice under rules which shall be adopted by the Secretary. The purpose of the public meetings and other public participation shall be to obtain from the public:
(1) Views and information on the needs of the public for recreational resources in the State Parks System;
(2) Views and information on the manner in which these needs should be addressed;
(3) Review of the draft plan prepared by the Secretary before he adopts the Plan.
(c) The Secretary shall revise the Plan at intervals not exceeding five years. Revisions to the Plan shall be made consistent with and under the rules providing public participation in adoption of the Plan.
(d) No later than October 1 of each year, the
Department shall submit electronically the State Parks System Plan to the
Environmental Review Commission, the Senate and the House of Representatives Appropriations
Subcommittees on Natural and Economic Resources, appropriations
committees with jurisdiction over natural and cultural resources, and the
Fiscal Research Division. Concurrently, the Department shall submit a summary
of each change to the Plan that was made during the previous fiscal year.
"§ 143B‑135.50. Classification of parks resources.
After adopting the Plan, the Secretary shall identify and
classify the major resources of each of the parks in the State Parks System, in
order to establish the major purpose or purposes of each of the parks,
consistent with the Plan and the purposes of this Article.Part.
"§ 143B‑135.52. General management plans.
Every park classified pursuant to G.S. 113‑44.12
G.S. 143B‑135.50 shall have a general management plan.
The plan shall include a statement of purpose for the park based upon its
relationship to the System Plan and its classification. An analysis of the
major resources and facilities on hand to achieve those purposes shall be
completed along with a statement of management direction. The general
management plan shall be revised as necessary to comply with the System Plan
and to achieve the purposes of this Article.Part.
"§ 143B‑135.54. Additions to and deletions from the State Parks System.
(a) If, in the course of implementing G.S. 113‑44.12
G.S. 143B‑135.50 the Secretary determines that the major
purposes of a park are not consistent with the purposes of this Article Part
and the Plan, the Secretary may propose to the General Assembly the
deletion of that park from the State Parks System. On a majority vote of each
house of the General Assembly, the General Assembly may remove the park from
the State Parks System. No other agency or governmental body of the State shall
have the power to remove a park or any part from the State Parks System.
(b) New parks shall be added to the State Parks System by the Department after authorization by the General Assembly. Each additional park shall be authorized only by an act of the General Assembly. Additions shall be consistent with and shall address the needs of the State Parks System as described in the Plan. All additions shall be accompanied by adequate authorization and appropriations for land acquisition, development, and operations.
"§ 143B‑135.56. Parks and Recreation Trust Fund.
…
(c) Reports. – The North Carolina Parks and Recreation
Authority shall report no later than October 1 of each year to the Joint
Legislative Commission on Governmental Operations, the House and Senate
Appropriations Subcommittees on Natural and Economic Resources, the Fiscal
Research Division, and the Environmental Review Commission on allocations from
the Trust Fund from the prior fiscal year. For funds allocated from the Trust
Fund under subdivision subsection (b1) of this section, this
report shall include the operating expenses determined under subdivisions (1)
and (2) of subsection (b3) of this section.
…."
SECTION 14.30.(m) Parts 33‑36 of Article 2 of Chapter 143B of the General Statutes, as recodified by subsection (f) of this section, read as rewritten:
"Part 33. North Carolina Appalachian Trails System Act.
"§ 143B‑135.70. Short title.
This Article Part may be cited as the North
Carolina Appalachian Trails System Act.
"§ 143B‑135.72. Policy and purpose.
(a) In order to provide for the ever‑increasing outdoor recreation needs of an expanded population and in order to promote public access to, travel within, and enjoyment and appreciation of the open‑air, outdoor areas of the State, the Appalachian Trail should be protected in North Carolina as a segment of the National Scenic Trails System.
(b) The purpose of this Article Part is
to provide the means for attaining these objectives by instituting a North
Carolina Appalachian Trail System, designating the Appalachian Trail lying or
located in the North Carolina Counties of Avery, Mitchell, Yancey, Madison,
Haywood, Swain, Graham, Macon, and Clay, as defined in the Federal Register of
the National Trails Act as the basic component of that System, and by
prescribing the methods by which, and standards according to which, additional
connecting trails may be added to the System.
"§ 143B‑135.74. Appalachian Trails System; connecting or side trails; coordination with the National Trails System Act.
Connecting or side trails may be established, designated and
marked as components of the Appalachian Trail System by the Department of Environment
and Natural and Cultural Resources in consultation with the federal
agencies charged with the responsibility for the administration and management
of the Appalachian Trail in North Carolina. Criteria and standards of
establishment will coincide with those set forth in the National Trails System
Act (PL 90‑543).
"§ 143B‑135.76.
Assistance under this Article Part with the National Trails
System Act (PL 90‑543).
(a) The Department of Administration in cooperation with other appropriate State departments shall consult with the federal agencies charged with the administration of the Appalachian Trail in North Carolina and develop a mutually agreeable plan for the orderly and coordinated acquisition of Appalachian Trail right‑of‑way and the associated tracts, as needed, to provide a suitable environment for the Appalachian Trail in North Carolina.
(b) The Department of Environment and Natural and
Cultural Resources and the federal agencies charged with the responsibility
of the administration of the Appalachian Trail in North Carolina shall give due
consideration to the conservation of the environment of the Appalachian Trail
and, in accordance with the National Trails System Act, may obtain advice and
assistance from local governments, Carolina Mountain Club, Nantahala Hiking
Club, Piedmont Appalachian Trail Hikers, Appalachian Trail Conference, other
interested organizations and individuals, landowners and land users concerned.
(c) The Board of Transportation shall cooperate and
assist in carrying out the purposes of this Article Part and the
National Trails System Act where their highway projects cross or may be
adjacent to any component of the Appalachian Trail System.
(d) Lands acquired by the State of North Carolina within the 200‑feet right‑of‑way of the Appalachian Trail and within the exterior boundaries of the Pisgah or Nantahala National Forests, will be conveyed to the United States Forest Service as the federal agency charged with the responsibility for the administration and management of the Appalachian Trail within these specific areas.
(e) Lands acquired by the State of North Carolina outside of the boundaries of the Appalachian Trail right‑of‑way will be administered by the appropriate State department in such a manner as to preserve and enhance the environment of the Appalachian Trail.
(f) In consultation with the Department of Environment
and Natural and Cultural Resources, the federal agency charged with
the responsibility of the administration of the Appalachian Trail in North
Carolina shall establish use regulations in accordance with the National Trails
System Act.
(g) The use of motor vehicles on the trails of the North Carolina Appalachian Trail System may be authorized when such use is necessary to meet emergencies or to enable adjacent landowners to have reasonable access to their lands and timber rights provided that the granting of this access is in accordance with limitations and conditions of such use set forth in the National Trails System Act.
"§ 143B‑135.78. Acquisition of rights‑of‑way and lands; manner of acquiring.
The State of North Carolina may use lands for trail purposes within the boundaries of areas under its administration that are included in the rights‑of‑way selected for the Appalachian Trail System. The Department of Administration may acquire lands or easements by donation or purchase with funds donated or appropriated for such purpose.
"§ 143B‑135.80. Expenditures authorized.
The Department is authorized to spend any federal, State, local or private funds available for this purpose to the Department for acquisition and development of the Appalachian Trail System.
"Part 34. North Carolina Trails System.
"§ 143B‑135.90. Short title.
This Article Part shall be known and may be
cited as the "North Carolina Trails System Act."
"§ 143B‑135.92. Declaration of policy and purpose.
(a) In order to provide for the ever‑increasing outdoor recreation needs of an expanded population and in order to promote public access to, travel within, and enjoyment and appreciation of the outdoor, natural and remote areas of the State, trails should be established in natural, scenic areas of the State, and in and near urban areas.
(b) The purpose of this Article Part is
to provide the means for attaining these objectives by instituting a State
system of scenic and recreation trails, coordinated with and complemented by
existing and future local trail segments or systems, and by prescribing the
methods by which, and standards according to which, components may be added to
the State trails system.
"§ 143B‑135.94. Definitions.
Except as otherwise required by context, the following terms
when used in this Article Part shall be construed respectively to
mean:
(1) "Department" means the North Carolina
Department of Environment and Natural and Cultural Resources.
(2) "Political subdivision" means any county, any incorporated city or town, or other political subdivision.
(3) "Scenic easement" means a perpetual easement in land which
a. Is held for the benefit of the people of North Carolina,
b. Is specifically enforceable by its holder or beneficiary, and
c. Limits or obligates the holder of the servient estate, his heirs, and assigns with respect to their use and management of land and activities conducted thereon, the object of such limitations and obligations being the maintenance or enhancement of the natural beauty of the land in question or of areas affected by it.
(4) "Secretary" means the Secretary of Environment
and Natural and Cultural Resources, except as otherwise specified in
this Article.Part.
(5) "State trails system" means the trails
system established in this Article Part or pursuant to the State
Parks Act, Article 2C of Chapter 113 of the General Statutes, Part 32
of this Article, and including all trails and trail segments, together with
their rights‑of‑way, added by any of the procedures described in
this Article or Article 2C of Chapter 113 of the General Statutes.Part
or Part 32 of this Article.
(6) "Trail" means:
a. Park trail. – A trail designated and managed as a
unit of the North Carolina State Parks System under Article 2C of Chapter
113 of the General Statutes.Part 32 of this Article.
b. Designated trail. – A trail designated by the
Secretary pursuant to this Article Part as a component of the
State trails system and that is managed by another governmental agency or by a
corporation listed with the Secretary of State.
c. A State scenic trail, State recreation trail, or
State connecting trail under G.S. 113A‑86 G.S. 143B‑135.96
when the intended primary use of the trail is to serve as a park trail or
designated trail.
d. Any other trail that is open to the public and that the owner, lessee, occupant, or person otherwise in control of the land on which the trail is located allows to be used as a trail without compensation, including a trail that is not designated by the Secretary as a component of the State trails system.
(7) "Trails Committee" means the North Carolina Trails Committee established by Part 35 of this Article.
"§ 143B‑135.96. Composition of State trails system.
The State trails system shall be composed of designated:
(1) State scenic trails, which are defined as extended trails so located as to provide maximum potential for the appreciation of natural areas and for the conservation and enjoyment of the significant scenic, historic, natural, ecological, geological or cultural qualities of the areas through which such trails may pass.
(2) State recreation trails, which are defined as trails planned principally for recreational value and may include trails for foot travel, horseback, nonmotorized bicycles, nonmotorized water vehicles, and two‑wheel‑and four‑wheel‑drive motorized vehicles. More than one of the aforesaid types of travel may be permitted on a single trail in the discretion of the Secretary.
(3) Connecting or side trails, which will provide additional points of public access to State recreation or State scenic trails or which will provide connections between such trails.
"§ 143B‑135.98. Authority to designate trails.
The Department may establish and designate trails on:
(1) Lands administered by the Department,
(2) Lands under the jurisdiction of a State department, political subdivision, or federal agency, or
(3) Private lands provided, fee‑simple title, lesser estates, scenic easements, easements of surface ingress and egress running with the land, leases, or other written agreements are obtained from landowners through which a State trail may pass.
"§ 143B‑135.100. Use of State land for bicycling; creation of trails by volunteers.
(a) Any land held in fee simple by this State, any agency of this State, or any land purchased or leased with funds provided by this State may be open and available for use by bicyclists upon establishment of a usage agreement. The usage agreement shall be established between the land manager and any local cycling group or organization intending to use the land and shall specify the terms and conditions for use of the land. The land manager shall designate a representative with knowledge of off‑road bicycle trail building to negotiate the agreement. Upon establishment of the usage agreement, any bicyclist may use the land pursuant to the agreement.
The land manager shall not be required to create, maintain, or make available any special trails, paths, or other accommodations to any user of the land for cycling purposes. However, once a usage agreement has been established, any local cycling group or organization may create and maintain special trails for cycling purposes. Any trails created for the purpose of off‑road cycling shall be created and maintained using commonly accepted best practices.
(b) Notwithstanding the provisions of subsection (a) of this section, any land may be restricted or removed from use by bicyclists if it is determined by the State, an agency of the State, or the holder of land purchased or leased with State funds that the use would cause substantial harm to the land or the environment or that the use would violate another State or federal law. Before restricting or removing land from use by bicyclists, the State, the agency of the State, or the holder of the land purchased or leased with State funds must show why the lands should not be open for use by bicyclists. Local cycling groups or organizations shall be notified of the intent to restrict or remove the land from use by bicyclists and provided an opportunity to show why cycling should be allowed on the land. Notice of any land restricted or removed from use by bicyclists pursuant to this subsection shall be filed with the Division of Bicycle and Pedestrian Transportation of the Department of Transportation.
(c) The Division of Bicycle and Pedestrian Transportation of the Department of Transportation shall keep a record of all lands made open and available for use by bicyclists pursuant to this section and shall make the information available to the public upon request.
(d) Any land open and available for use by bicyclists, pursuant to subsection (a) of this section, shall also be available to members of the public for hiking and walking. Persons using the land pursuant to this subsection shall yield the right‑of‑way to bicyclists when hiking or walking on any trails created and maintained for the purpose of off‑road cycling and so designated along that trail.
(e) Notwithstanding any other provision of this section, any hiking, walking, or use of bicycles on game lands administered by the Wildlife Resources Commission shall be restricted to roads and trails designated for vehicular use. Hiking, walking, or bicycle use by persons not hunting shall be restricted to days closed to hunting. The Wildlife Resources Commission may restrict the use of bicycles on game lands where necessary to protect sensitive wildlife habitat or species and shall file notice of any restrictions with the Division of Bicycle and Pedestrian Transportation of the Department of Transportation.
"§ 143B‑135.102.
North Carolina Trails Committee; composition; meetings and functions.Trails
Committee duties.
(a) Repealed by Session Laws 1973, c. 1262,
s. 82.
(b)(a) The Committee shall meet in various
sections of the State not less than two times annually to advise the Department
on all matters directly or indirectly pertaining to trails, their use, extent,
location, and the other objectives and purposes of this Article.Part.
(c)(b) The Committee shall coordinate trail
development among local governments, and shall assist local governments in the
formation of their trail plans and advise the Department quarterly of its
findings.
(d)(c) The Secretary, with advice of the
Committee, shall study trail needs and potentials, and make additions to the
State Trails System as needed. He shall submit an annual report to the Governor
and General Assembly on trail activities by the Department, including rights‑of‑way
that have been established and on the program for implementing this Article.
Part. Each report shall include a short statement on the
significance of the various trails to the System. The Secretary shall make such
rules as to trail development, management, and use that are necessary for the
proper implementation of this Article.Part.
"§ 143B‑135.104. Location of trails.
The process of locating routes of designated trails to be added to the system shall be as follows:
For State scenic trails, the Secretary or a designee, after consulting with the Committee, shall recommend a route. For State recreation trails and for connecting or side trails, the Secretary or a designee, after consulting with the Committee, shall select the route. The Secretary may provide technical assistance to political subdivisions or private, nonprofit organizations that develop, construct, or maintain designated trails or other public trails that complement the State trails system. When a route shall traverse land within the jurisdiction of a governmental unit or political subdivision, the Department shall consult with such unit or such subdivision prior to its final determination of the location of the route. The selected route shall be compatible with preservation or enhancement of the environment it traverses. Reasonable effort shall be made to minimize any adverse effects upon adjacent landowners and users. Notice of the selected route shall be published by the Department in a newspaper of general circulation in the area in which the trail is located, together with appropriate maps and descriptions to be conspicuously posted at the appropriate courthouse. Such publication shall be prior to the designation of the trail by the Secretary.
"§ 143B‑135.106. Scenic easements within right‑of‑way.
Within the boundaries of the right‑of‑way, the Secretary of the North Carolina Department of Administration may acquire, on behalf of the State of North Carolina, lands in fee title, or interest in land in the form of scenic easements, cooperative agreements, easements of surface ingress and egress running with the land, leases, or less than fee estates. Acquisition of land or of interest therein may be by gift, purchased with donated funds or funds appropriated by the governmental agencies for this purpose, proceeds from the sale of bonds or exchange. Any change in value of land resulting from the grant of an easement shall be taken into consideration in the assessment of the land for tax purposes.
"§ 143B‑135.108. Trails within parks; conflict of laws.
Any component of the System that is or shall become a part of
any State park, recreation area, wildlife management area, or similar area
shall be subject to the provisions of this Article Part as well
as any other laws under which the other areas are administered, and in the case
of conflict between the provisions the more restrictive provisions shall apply.
"§ 143B‑135.110. Uniform trail markers.
The Department, in consultation with the Committee, shall establish a uniform marker for trails contained in the System. An additional appropriate symbol characterizing specific trails may be included on the marker. The markers shall be placed at all access points, together with signs indicating the modes of locomotion that are prohibited for the trail, provided that where the trail constitutes a portion of a national scenic trail, use of the national scenic trail uniform marker shall be considered sufficient. The route of the trail and the boundaries of the right‑of‑way shall be adequately marked.
"§ 143B‑135.112. Adopt‑A‑Trail Program.
The Department shall establish an Adopt‑A‑Trail
Program to coordinate with the Trails Committee and local groups or persons on
trail development and maintenance. Local involvement shall be encouraged, and
interested groups are authorized to "adopt‑a‑trail" for
such purposes as placing trail markers, trail building, trail blazing, litter
control, resource protection, and any other activities related to the policies
and purposes of this Article.Part.
"§ 143B‑135.114. Administrative policy.
The North Carolina Trails System shall be administered by the
Department according to the policies and criteria set forth in this Article.
Part. The Department shall, in addition, have or designate the
responsibility for maintaining the trails, building bridges, campsites,
shelters, and related public‑use facilities where required.
"§ 143B‑135.116. Incorporation in National Trails System.
Nothing in this Article Part shall preclude a
component of the State Trails System from becoming a part of the National
Trails System. The Secretary shall coordinate the State Trails System with the
National Trails System and is directed to encourage and assist any federal
studies for inclusion of North Carolina trails in the National Trails System.
The Department may enter into written cooperative agreements for joint federal‑State
administration of a North Carolina component of the National Trails System,
provided such agreements for administration of land uses are not less
restrictive than those set forth in this Article.Part.
"§ 143B‑135.118. Trail use liability.
(a) Any person, as an owner, lessee, occupant, or otherwise in control of land, who allows without compensation another person to use the land for designated trail or other public trail purposes or to construct, maintain, or cause to be constructed or maintained a designated trail or other public trail owes the person the same duty of care he owes a trespasser.
(b) Any person who without compensation has constructed, maintained, or caused to be constructed or maintained a designated trail or other public trail pursuant to a written agreement with any person who is an owner, lessee, occupant, or otherwise in control of land on which a trail is located shall owe a person using the trail the same duty of care owed a trespasser.
(c) Repealed by Session Laws 1993, c. 184,
s. 6.
"Part 35. North Carolina Trails Committee.
"§ 143B‑135.130. North Carolina Trails Committee – creation; powers and duties.
There is hereby created the North Carolina Trails Committee
of the Department of Environment and Natural and Cultural Resources.
The Committee shall have the following functions and duties:
(1) To meet not less than two times annually to advise
the Department on all matters directly or indirectly pertaining to trails,
their use, extent, location, and the other objectives and purposes of G.S. 113A‑88.G.S. 143B‑135.102.
(2) To coordinate trail development among local governments, and to assist local governments in the formation of their trail plans and advise the Department of its findings.
(3) To advise the Secretary of trail needs and
potentials pursuant to G.S. 113A‑88.G.S. 143B‑135.102.
"§ 143B‑135.132. North Carolina Trails Committee – members; selection; removal; compensation.
The North Carolina Trails Committee shall consist of seven
members appointed by the Secretary of Environment and Natural and
Cultural Resources. Two members shall be from the mountain section, two
from the Piedmont section, two from the coastal plain, and one at large. They
shall as much as possible represent various trail users.
The initial members of the North Carolina Trails Committee
shall be the members of the current North Carolina Trails Committee who shall
serve for a period equal to the remainder of their current term on the North
Carolina Trails Committee. At the end of the respective terms of office of the
initial members of the Committee, the appointment of their successors shall be
for Committee members shall serve staggered terms of four years and
until their successors are appointed and qualify. Any appointment to fill a
vacancy on the Committee created by the resignation, dismissal, death or
disability of a member shall be for the balance of the unexpired term.
The Governor shall have the power to remove any member of the Committee from office in accordance with the provisions of G.S. 143B‑16 of the Executive Organization Act of 1973.
The Secretary of Environment and Natural and
Cultural Resources shall designate a member of the Committee to serve as
chairman at the pleasure of the Governor.
Members of the Committee shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138‑5 and G.S. 143B‑15 of the Executive Organization Act of 1973.
"Part 36. Natural and Scenic Rivers System.
"§ 143B‑135.140. Short title.
This Article Part shall be known and may be cited
as the "Natural and Scenic Rivers Act of 1971."
"§ 143B‑135.142. Declaration of policy.
The General Assembly finds that certain rivers of North Carolina possess outstanding natural, scenic, educational, geological, recreational, historic, fish and wildlife, scientific and cultural values of great present and future benefit to the people. The General Assembly further finds as policy the necessity for a rational balance between the conduct of man and the preservation of the natural beauty along the many rivers of the State. This policy includes retaining the natural and scenic conditions in some of the State's valuable rivers by maintaining them in a free‑flowing state and to protect their water quality and adjacent lands by retaining these natural and scenic conditions. It is further declared that the preservation of certain rivers or segments of rivers in their natural and scenic condition constitutes a beneficial public purpose.
"§ 143B‑135.144. Declaration of purpose.
The purpose of this Article Part is to
implement the policy as set out in G.S. 113A‑31 G.S. 143B‑135.142
by instituting a North Carolina natural and scenic rivers system, and by
prescribing methods for inclusion of components to the system from time to
time.
"§ 143B‑135.146. Definitions.
As used in this Article, Part, unless the
context requires otherwise:
(1) "Department" means the Department of Environment
and Natural and Cultural Resources.
(2) "Free‑flowing," as applied to any river or section of a river, means existing or flowing in natural condition without substantial impoundment, diversion, straightening, rip‑rapping, or other modification of the waterway. The existence of low dams, diversion works, and other minor structures at the time any river is proposed for inclusion in the North Carolina natural and scenic rivers system shall not automatically bar its consideration for such inclusion: Provided, that this shall not be construed to authorize, intend, or encourage future construction of such structures within components of the system.
(3) "River" means a flowing body of water or estuary or a section, portion, or tributary thereof, including rivers, streams, creeks, runs, kills, rills, and small lakes.
(4) "Road" means public or private highway, hard‑surface road, dirt road, or railroad.
(5) "Scenic easement" means a perpetual easement in land which (i) is held for the benefit of the people of North Carolina, (ii) is specifically enforceable by its holder or beneficiary, and (iii) limits or obligates the holder of the servient estate, his heirs, and assigns with respect to their use and management of the land and activities conducted thereon. The object of such limitations and obligations is the maintenance or enhancement of the natural beauty of the land in question or of the areas affected by it.
(6) "Secretary" means the Secretary of Environment
and Natural and Cultural Resources.
"§ 143B‑135.148. Types of scenic rivers.
The following types of rivers are eligible for inclusion in the North Carolina natural and scenic rivers system:
Class I. Natural river areas. Those free‑flowing rivers or segments of rivers and adjacent lands existing in a natural condition. Those rivers or segments of rivers that are free of man‑made impoundments and generally inaccessible except by trail, with the lands within the boundaries essentially primitive and the waters essentially unpolluted. These represent vestiges of primitive America.
Class II. Scenic river areas. Those rivers or segments of rivers that are largely free of impoundments, with the lands within the boundaries largely primitive and largely undeveloped, but accessible in places by roads.
Class III. Recreational river areas. Those rivers or segments of rivers that offer outstanding recreation and scenic values and that are largely free of impoundments. They may have some development along their shorelines and have more extensive public access than natural or scenic river segments. Recreational river segments may also link two or more natural and/or scenic river segments to provide a contiguous designated river area. No provision of this section shall interfere with flood control measures; provided that recreational river users can continue to travel the river.
"§ 143B‑135.150. Criteria for system.
For the inclusion of any river or segment of river in the natural and scenic river system, the following criteria must be present:
(1) River segment length – must be no less than one mile.
(2) Boundaries – of the system shall be the visual horizon or such distance from each shoreline as may be determined to be necessary by the Secretary, but shall not be less than 20 feet.
(3) Water quality – shall not be less than that required for Class "C" waters as established by the North Carolina Environmental Management Commission.
(4) Water flow – shall be sufficient to assure a continuous flow and shall not be subjected to withdrawal or regulation to the extent of substantially altering the natural ecology of the stream.
(5) Public access – shall be limited, but may be
permitted to the extent deemed proper by the Secretary, and in keeping with the
property interest acquired by the Department and the purpose of this Article.Part.
"§ 143B‑135.152. Components of system; management plan; acquisition of land and easements; inclusion in national system.
(a) That segment of the south fork of the New
River extending from its confluence with Dog Creek in Ashe County downstream
through Ashe and Alleghany Counties to its confluence with the north fork of
the New River and the main fork of the New River in Ashe and Alleghany Counties
downstream to the Virginia State line shall be a scenic river area and shall be
included in the North Carolina Natural and Scenic Rivers System.
The Department shall prepare and implement a management plan for this river section. This management plan shall recognize and provide for the protection of the existing undeveloped scenic and pastoral features of the river. Furthermore, it shall specifically provide for continued use of the lands adjacent to the river for normal agricultural activities, including, but not limited to, cultivation of crops, raising of cattle, growing of trees and other practices necessary to these agricultural pursuits.
For purposes of implementing this section and the management
plan, the Department may acquire lands or interests in lands, provide for
protection of scenic values as described in G.S. 113A‑38, G.S. 143B‑135.160,
and provide for public access. Easements obtained for the purpose of
implementing this section and the management plan shall not abridge the water
rights being exercised on May 26, 1975.
Should the Governor seek inclusion of this river segment in the National System of Wild and Scenic Rivers by action of the Secretary of Interior, such inclusion shall be at no cost to the federal government, as prescribed in the National Wild and Scenic Rivers Act, and therefore shall be under the terms described in this section of the North Carolina Wild and Scenic Rivers Act and in the management plan developed pursuant thereto.
(b) Repealed by Session Laws 2012‑200,
s. 24, effective August 1, 2012.
"§ 143B‑135.154. Additional components.
That segment of the Linville River beginning at the State Highway 183 bridge over the Linville River and extending approximately 13 miles downstream to the boundary between the United States Forest Service lands and lands of Duke Power Company (latitude 35° 50' 20") shall be a natural river area and shall be included in the North Carolina Natural and Scenic River System.
That segment of the Horsepasture River in Transylvania County extending downstream from Bohaynee Road (N.C. 281) to Lake Jocassee shall be a natural river and shall be included in the North Carolina Natural and Scenic Rivers System.
That segment of the Lumber River extending from county road 1412 in Scotland County downstream to the North Carolina‑South Carolina state line, a distance of approximately 102 river miles, shall be included in the Natural and Scenic Rivers System and classified as follows: from county road 1412 in Scotland County downstream to the junction of the Lumber River and Back Swamp shall be classified as scenic; from the junction of the Lumber River and Back Swamp downstream to the junction of the Lumber River and Jacob Branch and the river within the Fair Bluff town limits shall be classified as recreational; and from the junction of the Lumber River and Jacob Branch downstream to the North Carolina‑South Carolina state line, excepting the Fair Bluff town limits, shall be classified as natural.
"§ 143B‑135.156. Administrative agency; federal grants; additions to the system; regulations.
(a) The Department is the agency of the State of North Carolina with the duties and responsibilities to administer and control the North Carolina natural and scenic rivers system.
(b) The Department shall be the agency of the State with the authority to accept federal grants of assistance in planning, developing (which would include the acquisition of land or an interest in land), and administering the natural and scenic rivers system.
(c) The Secretary of the Department shall study and
from time to time submit to the Governor and to the General Assembly proposals
for the additions to the system of rivers and segments of rivers which, in his
judgment, fall within one or more of the categories set out in G.S. 113A‑34.
G.S. 143B‑135.148. Each proposal shall specify the
category of the proposed addition and shall be accompanied by a detailed report
of the facts which, in the Secretary's judgment, makes the area a worthy
addition to the system.
Before submitting any proposal to the Governor or the General Assembly for the addition to the system of a river or segment of a river, the Secretary or his authorized representative, shall hold a public hearing in the county or counties where said river or segment of river is situated. Notice of such public hearing shall be given by publishing a notice once each week for two consecutive weeks in a newspaper having general circulation in the county where said hearing is to be held, the second of said notices appearing not less than 10 days before said hearing. Any person attending said hearing shall be given an opportunity to be heard. Notwithstanding the provisions of the foregoing, no public hearing shall be required with respect to a river bounded solely by the property of one owner, who consents in writing to the addition of such river to the system.
The Department shall also conduct an investigation on the feasibility of the inclusion of a river or a segment of river within the system and file a written report with the Governor when submitting a proposal.
The Department shall also, before submitting such a proposal to the Governor or the General Assembly, notify in writing the owner, lessee, or tenant of any lands adjoining said river or segment of river of its intention to make such proposal. In the event the Department, after due diligence, is unable to determine the owner or lessee of any such land, the Department may publish a notice for four successive weeks in a newspaper having general circulation in the county where the land is situated of its intention to make a proposal to the Governor or General Assembly for the addition of a river or segment of river to the system.
(c1)(d) Upon receipt of a request in the form
of a resolution from the commissioners of the county or counties in which a
river segment is located and upon studying the segment and determining that it
meets the criteria set forth in G.S. 113A‑35, G.S. 143B‑135.150,
the Secretary may designate the segment a potential component of the
natural and scenic rivers system. The designation as a potential component
shall be transmitted to the Governor and all appropriate State agencies. Any
segment so designated is subject to the provisions of this Article Part
applicable to designated rivers, except for acquisition by condemnation or
otherwise, and to any rules adopted pursuant to this Article. Part. The
Secretary shall make a full report and, if appropriate, a proposal for an
addition to the natural and scenic rivers system to the General Assembly within
90 days after the convening of the next session following issuance of the
designation, and the General Assembly shall determine whether to designate the
segment as a component of the natural and scenic rivers system. If the next
session of the General Assembly fails to take affirmative action on the
designation, the designation as a potential component shall expire.
(d)(e) The Department may adopt rules to
implement this Article.Part.
"§ 143B‑135.158. Raising the status of an area.
Whenever in the judgment of the Secretary of the Department a scenic river segment has been sufficiently restored and enhanced in its natural scenic and recreational qualities, such segment may be reclassified with the approval of the Department, to a natural river area status and thereafter administered accordingly.
"§ 143B‑135.160. Land acquisition.
(a) The Department of Administration is authorized to
acquire for the Department, within the boundaries of a river or segment of
river as set out in G.S. 113A‑35 G.S. 143B‑135.150
on behalf of the State of North Carolina, lands in fee title or a lesser
interest in land, preferably "scenic easements." Acquisition of land
or interest therein may be by donation, purchase with donated or appropriated
funds, exchange or otherwise.
(b) The Department of Administration in acquiring real
property or a property interest therein as set out in this Article Part
shall have and may exercise the power of eminent domain in accordance with
Article 3 of Chapter 40A of the General Statutes.
"§ 143B‑135.162. Claim and allowance of charitable deduction for contribution or gift of easement.
The contribution or donation of a "scenic easement,"
right‑of‑way or any other easement or interest in land to the State
of North Carolina, as provided in this Article, Part, shall be
deemed a contribution to the State of North Carolina within the provisions of G.S. 105‑130.9
and section 170(c)(1) of the Internal Revenue Code. The value of the
contribution or donation shall be the fair market value of the easement or
other interest in land when the contribution or donation is made.
"§ 143B‑135.164. Component as part of State park, wildlife refuge, etc.
Any component of the State natural and scenic rivers system
that is or shall become a part of any State park, wildlife refuge, or state‑owned
area shall be subject to the provisions of this Article Part and
the Articles laws under which the other areas may be
administered, and in the case of conflict between the provisions of these Articles
laws, the more restrictive provisions shall apply.
"§ 143B‑135.166. Component as part of national wild and scenic river system.
Nothing in this Article Part shall preclude a
river or segment of a river from becoming part of the national wild and scenic
river system. The Secretary of the Department is directed to encourage
and assist any federal studies for the inclusion of North Carolina rivers in
the national system. The Secretary may enter into cooperative agreements for
joint federal‑state administration of a North Carolina river or segment
of river: Provided, that such agreements relating to water and land use are not
less restrictive than the requirements of this Article.Part.
"§ 143B‑135.168. Violations.
(a) Civil Action. – Whoever violates, fails, neglects
or refuses to obey any provision of this Article Part or rule or
order of the Secretary may be compelled to comply with or obey the same by
injunction, mandamus, or other appropriate remedy.
(b) Penalties. – Whoever violates, fails, neglects or
refuses to obey any provision of this Article Part or rule or
order of the Secretary is guilty of a Class 3 misdemeanor and may be punished
only by a fine of not more than fifty dollars ($50.00) for each violation, and
each day such person shall fail to comply, where feasible, after having been
officially notified by the Department shall constitute a separate offense
subject to the foregoing penalty.
"§ 143B‑135.170. Authorization of advances.
The Department of Administration is hereby authorized to advance from land‑purchase appropriations necessary amounts for the purchase of land in those cases where reimbursement will be later effected by the Bureau of Outdoor Recreation of the United States Department of the Interior.
"§ 143B‑135.172. Restrictions on project works on natural or scenic river.
The State Utilities Commission may not permit the construction of any dam, water conduit, reservoir, powerhouse transmission line, or any other project works on or directly affecting any river that is designated as a component or potential component of the State Natural and Scenic Rivers System. No department or agency of the State may assist by loan, grant, license, permit, or otherwise in the construction of any water resources project that would have a direct and adverse effect on any river that is designated as a component or potential component of the State Natural and Scenic Rivers System. This section shall not, however, preclude licensing of or assistance to a development below or above a designated or potential component. No department or agency of the State may recommend authorization of any water resources project that would have a direct and adverse effect on any river that is designated as a component or potential component of the State Natural and Scenic Rivers System, or request appropriations to begin construction of any such project, regardless of when authorized, without advising the Secretary in writing of its intention to do so at least 60 days in advance. Such department or agency making such recommendation or request shall submit a written impact statement to the General Assembly to accompany the recommendation or request specifically describing how construction of the project would be in conflict with the purposes of this act and how it would affect the component or potential component."
SECTION 14.30.(n) Part 37 of Article 2 of Chapter 143B of the General Statutes, as recodified by subsection (g) of this section, reads as rewritten:
"Part 37. Division of North Carolina Aquariums.
"§ 143B‑135.180. Division of North Carolina Aquariums – creation.
The Division of North Carolina Aquariums is created in the
Department of Environment and Natural and Cultural Resources.
"§ 143B‑135.182. Division of North Carolina Aquariums – organization; powers and duties.
(a) The Division of North Carolina Aquariums shall be
organized as prescribed by the Secretary of Environment and Natural and
Cultural Resources and shall exercise the following powers and duties:
(1) Repealed by Session Laws 1991, c. 320, s.
3.
(1a)(1) Establish and maintain the North
Carolina Aquariums.
(1b)(2) Administer the operations of the North
Carolina Aquariums, such administrative duties to include, but not be limited
to the following:
a. Adopt goals and objectives for the Aquariums and review and revise these goals and objectives periodically.
b. Review and approve requests for use of the Aquarium
facilities and advise the Secretary of Environment and Natural and
Cultural Resources on the most appropriate use consistent with the goals
and objectives of the Aquariums.
c. Continually review and evaluate the types of projects and programs being carried out in the Aquarium facilities and determine if the operation of the facilities is in compliance with the established goals and objectives.
d. Recommend to the Secretary of Environment and Natural
and Cultural Resources any policies and procedures needed to assure
effective staff performance and proper liaison among Aquarium facilities in
carrying out the overall purposes of the Aquarium programs.
e. Review Aquarium budget submissions to the Secretary of Environment and Natural Resources.
f. Recruit and recommend to the Secretary of Environment
and Natural and Cultural Resources candidates for the positions of
directors of the Aquariums.
g. Create local advisory committees in accordance with
the provisions of G.S. 143B‑289.43.G.S. 143B‑135.186.
(1c)(3) Notwithstanding Article 3A of Chapter
143 of the General Statutes, and G.S. 143‑49(4), dispose of any
exhibit, exhibit component, or object from the collections of the North
Carolina Aquariums by sale, lease, or trade. A sale, lease, or trade under this
subdivision shall be conducted in accordance with generally accepted practices
for zoos and aquariums that are accredited by the American Association of Zoos
and Aquariums. After deducting the expenses attributable to the sale or lease,
the net proceeds of any sale or lease shall be credited to the North Carolina
Aquariums Fund.
(2), (3) Repealed by Session Laws 1993, c.
321, s. 28(e).
(4) through (6) Repealed by Session Laws 1991, c.
320, s. 3.
(7) Assume any other powers and duties assigned
to it by the Secretary.
(b) The Secretary may adopt any rules and procedures necessary to implement this section.
"§ 143B‑135.184. North Carolina Aquariums; purpose.
The purpose of establishing and maintaining the North Carolina Aquariums is to promote an awareness, understanding, and appreciation of the diverse natural and cultural resources associated with North Carolina's oceans, estuaries, rivers, streams, and other aquatic environments.
"§ 143B‑135.186. Local advisory committees; duties; membership.
Local advisory committees created pursuant to G.S. 143B‑289.41(a)(1b)
G.S. 143B‑135.182(a)(2) shall assist each North Carolina
Aquarium in its efforts to establish projects and programs and to assure
adequate citizen‑consumer input into those efforts. Members of these
committees shall be appointed by the Secretary of Environment and Natural
and Cultural Resources for three‑year terms from nominations made
by the Director of the Office of Marine Affairs. Each committee shall select
one of its members to serve as chairperson. Members of the committees shall
serve without compensation for services or expenses.
"§ 143B‑135.188. North Carolina Aquariums; fees; fund.
(a) Fees. – The Secretary of Environment and Natural
and Cultural Resources may adopt a schedule of fees for the aquariums
and piers operated by the North Carolina Aquariums, including:
(1) Gate admission fees.
(2) Facility rental fees.
(3) Educational programs.
(b) Fund. – The North Carolina Aquariums Fund is
hereby created as a special and nonreverting fund. The North Carolina
Aquariums Fund shall be used for the following:
(1) repair, Repair, renovation,
expansion, maintenance, and educational exhibit construction, and
operational expenses construction at existing aquariums, aquariums.
(2) to pay Payment of the debt
service and lease payments related to the financing of expansions of aquariums,
aquariums.
(3) and to match Matching of private
funds that are raised for these purposes.
(c) Disposition of Fees. – All entrance fee receipts
shall be credited to the North Carolina Aquariums Fund. Receipts so credited
that are necessary to support the personnel and operational expenses of the
aquariums shall be transferred to the aquariums' General Fund operating budget
on a monthly basis.budget. In each fiscal year, the Secretary may
transfer the receipts from the North Carolina aquariums' General Fund to the North
Carolina Aquariums Fund in an amount not to exceed the sum of the following:
(1) One million dollars ($1,000,000).
(2) The amount needed to cover the expenses described by subdivision (2) of subsection (b) this section.
(d) Approval. – The Secretary may approve the use of the North Carolina Aquariums Fund for repair and renovation projects at the aquariums related facilities that comply with the following:
(1) The total project cost is less than two hundred fifty thousand dollars ($250,000).
(2) The project meets the requirements of G.S. 143C‑4‑3(b).
(d)(e) Report. – The Division of North
Carolina Aquariums shall submit to the Joint Legislative Commission on
Governmental Operations, the House and Senate Appropriations
Subcommittees on Natural and Economic Resources, appropriations
committees with jurisdiction over natural and economic resources, and the
Fiscal Research Division by September 30 of each year a report on the North
Carolina Aquariums Fund that shall include the source and amounts of all funds
credited to the Fund and the purpose and amount of all expenditures from the
Fund during the prior fiscal year.
…."
SECTION 14.30.(o) Part 38 of Article 2 of Chapter 143B of the General Statutes, as recodified by subsection (h) of this section, reads as rewritten:
"Part 38. North Carolina Parks and Recreation Authority.
"§ 143B‑135.200. North Carolina Parks and Recreation Authority; creation; powers and duties.
The North Carolina Parks and Recreation Authority is created,
to be administered by the Department of Environment and Natural and
Cultural Resources. The North Carolina Parks and Recreation Authority shall
have at least the following powers and duties:
(1) To receive public and private donations, appropriations, grants, and revenues for deposit into the Parks and Recreation Trust Fund.
(2) To allocate funds for land acquisition from the Parks and Recreation Trust Fund.
(3) To allocate funds for repairs, renovations, improvements, construction, and other capital projects from the Parks and Recreation Trust Fund.
(4) To solicit financial and material support from public and private sources.
(5) To develop effective public and private support for the programs and operations of the parks and recreation areas.
(6) To consider and to advise the Secretary of Environment
and Natural and Cultural Resources on any matter the Secretary may
refer to the North Carolina Parks and Recreation Authority.
"§ 143B‑135.202. North Carolina Parks and Recreation Authority; members; selection; compensation; meetings.
(a) Membership. – The North Carolina Parks and Recreation Authority shall consist of nine members. The members shall include persons who are knowledgeable about park and recreation issues in North Carolina or with expertise in finance. In making appointments, each appointing authority shall specify under which subdivision of this subsection the person is appointed. Members shall be appointed as follows:
(1) One member appointed by the Governor.
(2) One member appointed by the Governor.
(3) One member appointed by the Governor.
(3a) Repealed by Session Laws 2013‑360,
s. 14.5(a), effective July 1, 2013.
(3b) Repealed by Session Laws 2013‑360,
s. 14.5(a), effective July 1, 2013.
(4) One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives, as provided in G.S. 120‑121.
(5) One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives, as provided in G.S. 120‑121.
(6) One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives, as provided in G.S. 120‑121.
(7) Repealed by Session Laws 2013‑360,
s. 14.5(a), effective July 1, 2013.
(7a) Repealed by Session Laws 2013‑360,
s. 14.5(a), effective July 1, 2013.
(8)(7) One member appointed by the General
Assembly upon the recommendation of the President Pro Tempore of the Senate, as
provided in G.S. 120‑121.
(9)(8) One member appointed by the General
Assembly upon the recommendation of the President Pro Tempore of the Senate, as
provided in G.S. 120‑121.
(10)(9) One member appointed by the General
Assembly upon the recommendation of the President Pro Tempore of the Senate, as
provided in G.S. 120‑121.
(11) Repealed by Session Laws 2013‑360,
s. 14.5(a), effective July 1, 2013.
(12) Repealed by Session Laws 2013‑360,
s. 14.5(a), effective July 1, 2013.
(b) Terms. – Members shall serve staggered terms of
office of three years. Members shall serve no more than two consecutive three‑year
terms. After serving two consecutive three‑year terms, a member is not
eligible for appointment to the Authority for at least one year after the
expiration date of that member's most recent term. Upon the expiration of a
three‑year term, a member may continue to serve until a successor is
appointed and duly qualified as provided by G.S. 128‑7. The terms of
members appointed under subdivision (1), (5), or (9) (8) of
subsection (a) of this section shall expire on July 1 of years that are evenly
divisible by three. The terms of members appointed under subdivision (2), (4),
or (8) (7) of subsection (a) of this section shall expire on July
1 of years that follow by one year those years that are evenly divisible by
three. The terms of members appointed under subdivision (3), (6), or (10) (9)
of subsection (a) of this section shall expire on July 1 of years that
precede by one year those years that are evenly divisible by three.
(c) Chair. – The Governor shall appoint one member of the North Carolina Parks and Recreation Authority to serve as Chair.
(d) Vacancies. – A vacancy on the North Carolina Parks and Recreation Authority shall be filled by the appointing authority responsible for making the appointment to that position as provided in subsection (a) of this section. An appointment to fill a vacancy shall be for the unexpired balance of the term.
(e) Removal. – The Governor may remove, as provided in Article 10 of Chapter 143C of the General Statutes any member of the North Carolina Parks and Recreation Authority appointed by the Governor for misfeasance, malfeasance, or nonfeasance. The General Assembly may remove any member of the North Carolina Parks and Recreation Authority appointed by the General Assembly for misfeasance, malfeasance, or nonfeasance.
(f) Compensation. – The members of the North Carolina Parks and Recreation Authority shall receive per diem and necessary travel and subsistence expenses according to the provisions of G.S. 138‑5.
(g) Meetings. – The North Carolina Parks and Recreation Authority shall meet at least quarterly at a time and place designated by the Chair.
(h) Quorum. – A majority of the North Carolina Parks and Recreation Authority shall constitute a quorum for the transaction of business.
(i) Staff. – All clerical and other services required
by the North Carolina Parks and Recreation Authority shall be provided by the
Secretary of Environment and Natural and Cultural Resources."
SECTION 14.30.(p) Part 39 of Article 2 of Chapter 143B of the General Statutes, as recodified by subsection (i) of this section, reads as rewritten:
"Part 39. North Carolina Zoological Park Council.
"§ 143B‑135.205. North Carolina Zoological Park Council – creation; powers and duties.
There is hereby created the North Carolina Zoological Park
Council of the Department of Environment and Natural and Cultural Resources.
The North Carolina Zoological Park Council shall have the following functions
and duties:
(1) To advise the Secretary on the basic concepts of
and for the Zoological Park, approve conceptual plans for the Zoological Park
and its buildings;buildings.
(2) To advise on the construction, furnishings,
equipment and operations of the North Carolina Zoological Park;Park.
(2a)(3) To establish and set admission fees with
the approval of the Secretary of Environment and Natural and Cultural
Resources as provided in G.S. 143‑177.3(b);G.S. 143B‑135.213.
(3)(4) To recommend programs to promote public
appreciation of the North Carolina Zoological Park;Park.
(4)(5) To disseminate information on animals
and the park as deemed necessary;necessary.
(5)(6) To develop effective public support of
the North Carolina Zoological Park through whatever means are desirable and necessary;necessary.
(6)(7) To solicit financial and material
support from various private sources within and without the State of North Carolina;
andCarolina.
(7)(8) To advise the Secretary of Environment
and Natural and Cultural Resources upon any matter the Secretary may
refer to it.
"§ 143B‑135.207. North Carolina Zoological Park Council – members; selection; removal; chairman; compensation; quorum; services.
The North Carolina Zoological Park Council of the Department
of Environment and Natural and Cultural Resources shall consist
of 15 members appointed by the Governor, one of whom shall be the Chairman of
the Board of Directors of the North Carolina Zoological Society.
The initial members of the Council shall be the members of
the Board of Directors of the North Carolina Zoo Authority who shall serve for
a period equal to the remainder of their current terms on the Board of
Directors of the North Carolina Zoological Authority, all of whose terms expire
July 15, 1975. At the end of the respective terms of office of the initial
members of the Council, the Governor, to achieve staggered terms, shall appoint
five members for terms of two years, five members for terms of four years and
five members for terms of six years. Thereafter, the appointment of their
successors shall be for terms of six years and until their successors are
appointed and qualify. Any appointment to fill a vacancy on the Council created
by the resignation, dismissal, death or disability of a member shall be for the
balance of the unexpired term.
The Governor shall have the power to remove any member of the Council from office in accordance with the provisions of G.S. 143B‑16 of the Executive Organization Act of 1973.
The Governor shall designate a member of the Council to serve as chairman at his pleasure.
Members of the Council shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138‑5.
A majority of the Council shall constitute a quorum for the transaction of business.
All clerical and other services required by the Council shall
be supplied by the Secretary of Environment and Natural and Cultural Resources.
"§ 143B‑135.209.
Special North Carolina Zoo Fund.
A special continuing and nonreverting fund, to be called
the Special Zoo Fund, is created. The North Carolina Zoological Park shall
retain unbudgeted receipts at the end of each fiscal year, beginning June 30,
1989, and deposit these receipts into this Fund. This Fund shall be used for
maintenance, repairs, and renovations of exhibits in existing habitat clusters
and visitor services facilities, construction of visitor services facilities
and support facilities such as greenhouses and temporary animal holding areas,
for the replacement of tram equipment as required to maintain adequate service
to the public, and for marketing the Zoological Park. The Special Zoo Fund may
also be used to match private funds that are raised for these purposes. Funds
may be expended for these purposes by the Department of Environment and Natural
Resources on the advice of the North Carolina Zoological Park Council and with
the approval of the Office of State Budget and Management. The Department of
Environment and Natural Resources shall provide a report on or before October 1
of each year to the Office of State Budget and Management, the Fiscal Research
Division of the General Assembly, and to the Joint Legislative Commission on
Governmental Operations on the use of fees collected pursuant to this section.
(a) Fund. – The North Carolina Zoo Fund is created as a special fund. The North Carolina Zoo Fund shall be used for the following types of projects at the North Carolina Zoological Park and to match private funds raised for these types of projects:
(1) Repair, renovation, expansion, maintenance, and educational exhibit construction.
(2) Renovations of exhibits in habitat clusters, visitor services facilities, and support facilities (including greenhouses and temporary animal holding areas).
(3) The acquisition, maintenance, or replacement of tram equipment as required to maintain adequate service to the public.
(b) Disposition of Fees. – All fee receipts shall be credited to the North Carolina Zoological Park's General Fund operating budget. In each fiscal year, the Secretary may transfer fee receipts from the North Carolina Zoological Park's General Fund to the North Carolina Zoo Fund in an amount not to exceed one million dollars ($1,000,000).
(c) Approval. – The Secretary may approve the use of the North Carolina Zoo Fund for repair and renovation projects at the North Carolina Zoological Park recommended by the Council that comply with the following:
(1) The total project cost is less than two hundred fifty thousand dollars ($250,000).
(2) The project meets the requirements of G.S. 143C‑4‑3(b).
(d) Report. – The Department shall submit to the House and Senate appropriations committees with jurisdiction over natural and economic resources and the Fiscal Research Division by September 30 of each year a report on the North Carolina Zoo Fund that shall include the source and amounts of all funds credited to the Fund and the purpose and amount of all expenditures from the Fund during the prior fiscal year."
SECTION 14.30.(q) G.S. 143B‑135.210 through G.S. 143B‑135.213, as recodified by subsection (j) of this section, read as rewritten:
"§ 143‑135.210. Right to receive gifts.
In order to carry out the purposes of this Article, Part,
the Board Council is authorized to acquire by gift or will,
absolutely or in trust, from individuals, corporations, or any other source
money or other property, or any interests in property, which may be retained,
sold or otherwise used to promote the purposes of this Article. Part.
The use of gifts shall be subject to such limitations as may be imposed
thereon by donors, notwithstanding any other provisions of this Article.Part.
"§ 143‑135.211.
Tax exemption for gifts to North Carolina Zoological Park Fund.Park.
All gifts made to the North Carolina Zoological Park for the
purposes of this Article Part shall be exempt from every form of
taxation including, but not by the way of limitation, ad valorem, intangible,
gift, inheritance and income taxation. Proceeds from the sale of any property
acquired under the provisions of this Article Part shall be
deposited in the North Carolina State treasury and shall be credited to the
North Carolina Zoological Park.
"§ 143‑135.212. Cities and counties.
Cities and counties are hereby authorized to expend funds
derived from nontax sources and to make gifts of surplus property, to assist in
carrying out the purposes of this Article.Part.
"§ 143‑135.213. Sources of funds.
(a) It is the intent of this Article Part that
the funds for the creation, establishment, construction, operation and
maintenance of the North Carolina Zoological Park shall be obtained primarily
from private sources; however, the Council under the supervision and approval
and with the assistance of the Secretary of Environment and Natural and
Cultural Resources is hereby authorized to receive and expend such funds as
may from time to time become available by appropriation or otherwise from the
State of North Carolina; provided, that the North Carolina Zoological Park Council
shall not in any manner pledge the faith and credit of the State of North
Carolina for any of its purposes.
(b) The Council with the approval of the Secretary of Environment
and Natural and Cultural Resources is authorized to establish and
set admission fees which are reasonable and consistent with the purpose and
function of the North Carolina Zoological Park."
SECTION 14.30.(r) Part 40 of Article 2 of Chapter 143B of the General Statutes, as recodified by subsection (k) of this section, reads as rewritten:
"Part 40. Advisory Commission for North Carolina
State Museum of Natural Sciences.
"§ 143B‑135.215. Commission created; membership.
There is created an Advisory Commission for the North
Carolina State Museum of Natural Sciences which shall determine its own
organization. It shall consist of at least nine members, which shall include
the Director of the North Carolina State Museum of Natural Sciences, the
Commissioner of Agriculture, the State Geologist and Secretary of Environment
and Natural and Cultural Resources, the Director of the Institute of
Fisheries Research of the University of North Carolina, the Director of the
Wildlife Resources Commission, the Superintendent of Public Instruction, or
qualified representative of any or all of the above‑named members, and at
least three persons representing the East, the Piedmont, and the Western areas
of the State. Members appointed by the Governor shall serve for four‑year
staggered terms. Terms shall begin on 1 September. Members appointed by the
Governor shall not serve more than three consecutive four‑year terms. Any
member may be removed by the Governor for cause.
…
"§ 143B‑135.221. Reports to General Assembly.
The Commission shall prepare and submit a report outlining
the needs of the North Carolina State Museum of Natural Sciences and
recommendations for improvement of the effectiveness of the North Carolina
State Museum of Natural Sciences for the purpose hereinabove set forth to the
1995 General Assembly, and to each succeeding the General Assembly,
to the Fiscal Research Division of the General Assembly, and to the Joint
Legislative Commission on Governmental Operations on or before October 1 of
each year.
"§ 143B‑135.223. Museum of Natural Sciences; disposition of objects.
Notwithstanding Article 3A of Chapter 143 of the General
Statutes, G.S. 143‑49(4), or any other law pertaining to surplus
State property, the Department of Environment and Natural and
Cultural Resources may sell or exchange any object from the collection of
the Museum of Natural Sciences when it would be in the best interest of the
Museum to do so. Sales or exchanges shall be conducted in accordance with
generally accepted practices for accredited museums. If an object is sold, the
net proceeds of the sale shall be deposited in the State treasury to the credit
of a special fund to be used for the improvement of the Museum's collections or
exhibits.
"§ 143B‑135.225. Museum of Natural Sciences; fees; fund.
(a) Fund. – The North Carolina Museum of Natural Sciences Fund is created as a special fund. The North Carolina Museum of Natural Sciences Fund shall be used for repair, renovation, expansion, maintenance, and educational exhibit construction at the North Carolina Museum of Natural Sciences and to match private funds raised for these projects.
(b) Disposition of Fees. – All fee receipts shall be credited to the North Carolina Museum of Natural Sciences' General Fund operating budget. In each fiscal year, the Secretary may transfer fee receipts from the North Carolina Museum of Natural Sciences' General Fund to the North Carolina Museum Fund in an amount not to exceed one million dollars ($1,000,000).
(c) Approval. – The Secretary may approve the use of the North Carolina Museum of Natural Sciences Fund for repair and renovation projects at the North Carolina Museum of Natural Sciences recommended by the Advisory Council that comply with the following:
(1) The total project cost is less than two hundred fifty thousand dollars ($250,000).
(2) The project meets the requirements of G.S. 143C‑4‑3(b).
(d) Report. – The Department shall submit to the House and Senate appropriations committees with jurisdiction over natural and economic resources and the Fiscal Research Division by September 30 of each year a report on the North Carolina Museum Fund that shall include the source and amounts of all funds credited to the Fund and the purpose and amount of all expenditures from the Fund during the prior fiscal year.
"§ 143B‑135.229.
North Carolina Museum of Forestry; Museum of Natural Sciences at
Whiteville; satellite museum.
The Department of Environment and Natural and
Cultural Resources shall establish and administer the North Carolina Museum
of Forestry Museum of Natural Sciences at Whiteville in Columbus
County as a satellite museum of the North Carolina State Museum of Natural
Sciences."
CHANGES TO STATUTORY REFERENCES TO DEPARTMENTS
SECTION 14.30.(s) The following statutes are amended by deleting the language "Department of Cultural Resources" wherever it appears and substituting "Department of Natural and Cultural Resources": G.S. 7A‑343.1, G.S. 7B‑3000, G.S. 8‑6, G.S. 8‑7, G.S. 8‑34, G.S. 14‑76.1, G.S. 15C‑7, G.S. 20‑79.4, G.S. 20‑81.12, G.S. 62‑102, G.S. 65‑85, G.S. 70‑2, G.S. 70‑13, G.S. 70‑13.1, G.S. 70‑16, G.S. 70‑18, G.S. 70‑19, G.S. 70‑20, G.S. 70‑28, G.S. 70‑31, G.S. 70‑48, G.S. 70‑49, G.S. 70‑50, G.S. 70‑51, G.S. 70‑52, G.S. 75D‑5, G.S. 97‑24, G.S. 100‑2, G.S. 102‑17, G.S. 105‑129.36A, G.S. 105‑256, G.S. 111‑28, G.S. 111‑47.2, G.S. 115C‑218.25, G.S. 120‑37, G.S. 121‑2, G.S. 121‑3, G.S. 121‑4, G.S. 121‑4.1, G.S. 121‑5, G.S. 121‑5.1, G.S. 121‑6, G.S. 121‑7, G.S. 121‑7.1, G.S. 121‑7.2, G.S. 121‑7.3, G.S. 121‑7.4, G.S. 121‑7.5, G.S. 121‑7.6, G.S. 121‑8, G.S. 121‑9, G.S. 121‑9.1, G.S. 121‑10, G.S. 121‑11, G.S. 121‑12, G.S. 121‑12.1, G.S. 121‑12.2, G.S. 121‑13, G.S. 121‑14, G.S. 121‑15, G.S. 121‑16, G.S. 121‑18, G.S. 121‑20, G.S. 121‑23, G.S. 121‑24, G.S. 121‑25, G.S. 121‑25.1, G.S. 121‑26, G.S. 121‑27, G.S. 125‑1, G.S. 125‑2, G.S. 125‑5, G.S. 125‑7, G.S. 125‑8, G.S. 125‑10, G.S. 125‑11.8, G.S. 125‑14, G.S. 126‑5, G.S. 130A‑93, G.S. 132‑3, G.S. 132‑4, G.S. 132‑8, G.S. 132‑8.1, G.S. 132‑8.2, G.S. 136‑42.1, G.S. 136‑42.2, G.S. 136‑42.3, G.S. 136‑43.1, G.S. 140‑5.12, G.S. 140‑5.13, G.S. 140‑5.14, G.S. 142‑13, G.S. 143‑138, G.S. 143‑268, G.S. 143‑300, G.S. 143‑406, G.S. 143‑410, G.S. 143‑411, G.S. 143‑431, G.S. 143‑432, G.S. 143‑640, G.S. 143‑641, G.S. 143‑642, G.S. 143‑675, G.S. 143‑676, G.S. 143‑677, G.S. 143B‑2, G.S. 143B‑6, G.S. 143B‑49, G.S. 143B‑51, G.S. 143B‑53.1, G.S. 143B‑53.2, G.S. 143B‑53.3, G.S. 143B‑62, G.S. 143B‑63, G.S. 143B‑67, G.S. 143B‑68, G.S. 143B‑71, G.S. 143B‑72, G.S. 143B‑73, G.S. 143B‑73.1, G.S. 143B‑74, G.S. 143B‑74.2, G.S. 143B‑79, G.S. 143B‑85, G.S. 143B‑87.2, G.S. 143B‑90, G.S. 143B‑95, G.S. 143B‑111, G.S. 143B‑121, G.S. 143B‑123, G.S. 143B‑124, G.S. 143B‑125, G.S. 143B‑126, G.S. 143B‑127, G.S. 143B‑131.1, G.S. 143B‑131.2, G.S. 143B‑131.8A, G.S. 143B‑131.9, G.S. 143B‑133, G.S. 143B‑135, G.S. 143B‑181, G.S. 143B‑417, G.S. 143B‑948, G.S. 150B‑1, G.S. 153A‑266, G.S. 153A‑373, G.S. 160A‑400.4, G.S. 160A‑400.6, G.S. 160A‑433, G.S. 161‑11.5, G.S. 163‑82.10, G.S. 163‑278.22, G.S. 163‑278.30. In any other instances in the General Statutes in which there is a reference to the Department of Cultural Resources or a derivative thereof, the Revisor of Statutes may replace that reference with a reference to the Department of Natural and Cultural Resource, as appropriate.
SECTION 14.30.(t) The following statutes are amended by deleting the language "Secretary of Cultural Resources" wherever it appears and substituting "Secretary of Natural and Cultural Resources": G.S. 20‑79.5, G.S. 47‑16.5, G.S. 116B‑70, G.S. 121‑2, G.S. 121‑9, G.S. 121‑10, G.S. 121‑12.2, G.S. 125‑2, G.S. 125‑9, G.S. 125‑11.11, G.S. 132‑8, G.S. 136‑43.1, G.S. 140‑5.14, G.S. 140‑5.15, G.S. 143‑200, G.S. 143‑201, G.S. 143‑204.8, G.S. 143‑675, G.S. 143‑676, G.S. 143B‑52, G.S. 143B‑62, G.S. 143B‑63, G.S. 143B‑72, G.S. 143B‑74, G.S. 143B‑74.1, G.S. 143B‑79, G.S. 143B‑80, G.S. 143B‑83, G.S. 143B‑84, G.S. 143B‑87, G.S. 143B‑88, G.S. 143B‑90, G.S. 143B‑91, G.S. 143B‑97, G.S. 143B‑98, G.S. 143B‑99, G.S. 143B‑101, G.S. 143B‑102, G.S. 143B‑105, G.S. 143B‑106, G.S. 143B‑109, G.S. 143B‑110, G.S. 143B‑114, G.S. 143B‑115, G.S. 143B‑131.2, G.S. 143B‑133, G.S. 143B‑135, G.S. 147‑54.3, G.S. 153A‑267. In any other instances in the General Statutes in which there is a reference to the Secretary of Cultural Resources or a derivative thereof, the Revisor of Statutes may replace that reference with a reference to the Secretary of Natural and Cultural Resources, as appropriate.
SECTION 14.30.(u) The following statutes are amended by deleting the language "Department of Environment and Natural Resources" wherever it appears and substituting "Department of Environmental Quality": G.S. 14‑86.2, G.S. 14‑137, G.S. 15A‑1343, G.S. 18B‑902, G.S. 20‑85, G.S. 20‑128, G.S. 20‑183.7, G.S. 62‑102, G.S. 62‑110.1, G.S. 62‑133.6, G.S. 62‑133.8, G.S. 62‑302.1, G.S. 69‑25.5, G.S. 74‑38, G.S. 74‑49, G.S. 74‑53, G.S. 74‑76, G.S. 75A‑17, G.S. 76‑40, G.S. 77‑90, G.S. 77‑95, G.S. 77‑114, G.S. 77‑125, G.S. 77‑127, G.S. 77‑141, G.S. 77‑142, G.S. 87‑85, G.S. 87‑95, G.S. 87‑97, G.S. 87‑98.2, G.S. 90A‑21, G.S. 90A‑25, G.S. 90A‑47.3, G.S. 95‑225, G.S. 100‑2, G.S. 104E‑7, G.S. 104E‑15, G.S. 104E‑24, G.S. 105‑122, G.S. 105‑129.81, G.S. 105‑130.10, G.S. 105‑187.24, G.S. 105‑187.63, G.S. 105‑259, G.S. 105‑275, G.S. 105‑277.13, G.S. 105‑449.107, G.S. 106‑24, G.S. 106‑143, G.S. 106‑678, G.S. 106‑762, G.S. 106‑805, G.S. 106‑806, G.S. 106‑860, G.S. 110‑92, G.S. 110‑142.2, G.S. 113‑1, G.S. 113‑3, G.S. 113‑8, G.S. 113‑8.01, G.S. 113‑14.1, G.S. 113‑14.3, G.S. 113‑16, G.S. 113‑17, G.S. 113‑18, G.S. 113‑19, G.S. 113‑20, G.S. 113‑21, G.S. 113‑25, G.S. 113‑26.1, G.S. 113‑128, G.S. 113‑168, G.S. 113‑174, G.S. 113‑251, G.S. 113‑300.6, G.S. 113‑378, G.S. 113‑389, G.S. 113‑425, G.S. 113A‑52, G.S. 113A‑103, G.S. 113A‑104, G.S. 113A‑113, G.S. 113A‑118, G.S. 113A‑129.2, G.S. 113A‑134.11, G.S. 113A‑134.12, G.S. 113A‑153, G.S. 113A‑164.12, G.S. 113A‑167, G.S. 113A‑168, G.S. 113A‑169, G.S. 113A‑170, G.S. 113A‑221, G.S. 113A‑230, G.S. 113A‑231, G.S. 113A‑232, G.S. 113A‑235, G.S. 113A‑253, G.S. 113A‑255, G.S. 113B‑2, G.S. 113B‑6, G.S. 113B‑11, G.S. 113B‑30, G.S. 115C‑522, G.S. 120‑70.43, G.S. 120‑76, G.S. 121‑4, G.S. 126‑5, G.S. 128‑1.1, G.S. 130A‑1.1, G.S. 130A‑4, G.S. 130A‑24, G.S. 130A‑26.1, G.S. 130A‑33.50, G.S. 130A‑47, G.S. 130A‑131.7, G.S. 130A‑290, G.S. 130A‑295.9, G.S. 130A‑301, G.S. 130A‑309.14, G.S. 130A‑309.140, G.S. 130A‑310.60, G.S. 130A‑313, G.S. 130A‑336, G.S. 130A‑481, G.S. 136‑21, G.S. 136‑28.8, G.S. 136‑44.7B, G.S. 136‑44.7D, G.S. 136‑44.36D, G.S. 136‑123, G.S. 136‑202, G.S. 139‑8, G.S. 139‑46, G.S. 143‑58.2, G.S. 143‑58.4, G.S. 143‑64.11, G.S. 143‑64.12, G.S. 143‑64.17F, G.S. 143‑64.17G, G.S. 143‑64.17H, G.S. 143‑138, G.S. 143‑166.13, G.S. 143‑211, G.S. 143‑212, G.S. 143‑214.7A, G.S. 143‑214.8, G.S. 143‑214.13, G.S. 143‑214.25A, G.S. 143‑215.8D, G.S. 143‑215.9B, G.S. 143‑215.9C, G.S. 143‑215.73A, G.S. 143‑215.77, G.S. 143‑215.94I, G.S. 143‑215.94L, G.S. 143‑215.94HH, G.S. 143‑215.107B, G.S. 143‑215.107C, G.S. 143‑228.10, G.S. 143‑240, G.S. 143‑252, G.S. 143‑253, G.S. 143‑286.1, G.S. 143‑289, G.S. 143‑320, G.S. 143‑323, G.S. 143‑350, G.S. 143‑355, G.S. 143‑355.2, G.S. 143‑436, G.S. 143‑439, G.S. 143B‑2, G.S. 143B‑6, G.S. 143B‑131.2, G.S. 143B‑181, G.S. 143B‑279.1, G.S. 143B‑279.2, G.S. 143B‑279.3, G.S. 143B‑279.4, G.S. 143B‑279.5, G.S. 143B‑279.7, G.S. 143B‑279.8, G.S. 143B‑279.9, G.S. 143B‑279.10, G.S. 143B‑279.11, G.S. 143B‑279.12, G.S. 143B‑279.13, G.S. 143B‑279.14, G.S. 143B‑279.15, G.S. 143B‑279.16, G.S. 143B‑279.17, G.S. 143B‑281.1, G.S. 143B‑282, G.S. 143B‑282.1, G.S. 143B‑283, G.S. 143B‑284, G.S. 143B‑285, G.S. 143B‑285.22, G.S. 143B‑289.50, G.S. 143B‑289.51, G.S. 143B‑289.52, G.S. 143B‑289.61, G.S. 143B‑290, G.S. 143B‑293.1, G.S. 143B‑298, G.S. 143B‑299, G.S. 143B‑300, G.S. 143B‑301, G.S. 143B‑301.1, G.S. 143B‑301.10, G.S. 143B‑324.1, G.S. 143B‑324.2, G.S. 143B‑344.34, G.S. 143B‑344.35, G.S. 143B‑344.36, G.S. 143B‑344.37, G.S. 143B‑344.38, G.S. 143B‑344.44, G.S. 143B‑344.50, G.S. 143B‑344.55, G.S. 143B‑417, G.S. 143B‑431.01, G.S. 143B‑437, G.S. 143B‑437.01, G.S. 146‑8, G.S. 147‑33.104A, G.S. 148‑10, G.S. 150B‑1, G.S. 150B‑19.3, G.S. 153A‑136, G.S. 153A‑226, G.S. 153A‑421, G.S. 156‑59, G.S. 156‑74, G.S. 156‑76, G.S. 156‑83, G.S. 159G‑20, G.S. 159C‑7, G.S. 159D‑7, G.S. 159G‑70, G.S. 159I‑3, G.S. 162A‑23, G.S. 162A‑24, G.S. 162A‑25, G.S. 162A‑29, G.S. 162A‑30, G.S. 162A‑33, G.S. 162A‑35, G.S. 166A‑19.3, G.S. 166A‑26. In any other instances in the General Statutes in which there is a reference to the Department of Environment and Natural Resources or a derivative thereof, the Revisor of Statutes may replace that reference with a reference to the Department of Environmental Quality, as appropriate.
SECTION 14.30.(v) The following statutes are amended by deleting the language "Secretary of Environment and Natural Resources" wherever it appears and substituting "Secretary of Environmental Quality": G.S. 7A‑29, G.S. 20‑79.5, G.S. 47C‑3‑122, G.S. 47F‑3‑122, G.S. 58‑78‑1, G.S. 62‑133.6, G.S. 68‑43, G.S. 77‑95, G.S. 77‑114, G.S. 77‑130, G.S. 87‑94, G.S. 87‑95, G.S. 87‑98.2, G.S. 90A‑21, G.S. 90A‑22, G.S. 90A‑23, G.S. 90A‑24, G.S. 90A‑25.1, G.S. 90A‑28, G.S. 90A‑30, G.S. 90A‑37, G.S. 90A‑38, G.S. 90A‑39, G.S. 90A‑43, G.S. 104E‑5, G.S. 104E‑17, G.S. 105‑129.83, G.S. 105‑187.84, G.S. 105‑259, G.S. 106‑744, G.S. 113‑1, G.S. 113‑128, G.S. 113‑182.1, G.S. 113‑221.4, G.S. 113‑300.7, G.S. 113A‑24, G.S. 113A‑52, G.S. 113A‑103, G.S. 113A‑107, G.S. 113A‑115.1, G.S. 113A‑164.3, G.S. 113A‑166, G.S. 113A‑208, G.S. 113A‑212, G.S. 113A‑221, G.S. 113A‑234, G.S. 113A‑241, G.S. 113A‑258, G.S. 113A‑259, G.S. 113B‑2, G.S. 113B‑3, G.S. 120‑150, G.S. 130A‑4, G.S. 130A‑17, G.S. 130A‑18, G.S. 130A‑19, G.S. 130A‑20, G.S. 130A‑22, G.S. 130A‑23, G.S. 130A‑27, G.S. 130A‑47, G.S. 130A‑290, G.S. 130A‑301, G.S. 130A‑313, G.S. 130A‑334, G.S. 136‑102.3, G.S. 143‑58.4, G.S. 143‑212, G.S. 143‑215.8D, G.S. 143‑215.18, G.S. 143‑215.22L, G.S. 143‑215.40, G.S. 143‑215.70, G.S. 143‑215.77, G.S. 143‑215.86, G.S. 143‑215.94HH, G.S. 143‑215.107D, G.S. 143‑215.126, G.S. 143‑243, G.S. 143‑320, G.S. 143‑726, G.S. 143B‑86, G.S. 143B‑115, G.S. 143B‑279.4, G.S. 143B‑279.5, G.S. 143B‑279.7, G.S. 143B‑279.8, G.S. 143B‑281.1, G.S. 143B‑282.1, G.S. 143B‑283, G.S. 143B‑285.23, G.S. 143B‑289.50, G.S. 143B‑289.53, G.S. 143B‑291, G.S. 143B‑293.2, G.S. 143B‑300, G.S. 143B‑301, G.S. 143B‑324.1, G.S. 143B‑407, G.S. 143B‑411.1, G.S. 143B‑426.25, G.S. 143B‑431.01, G.S. 148‑26, G.S. 153A‑301, G.S. 158‑7.3, G.S. 159G‑20, G.S. 159I‑7, G.S. 160A‑515.1, G.S. 162A‑33, G.S. 162A‑35. In any other instances in the General Statutes in which there is a reference to the Secretary of Environment and Natural Resources or a derivative thereof, the Revisor of Statutes may replace that reference with a reference to the Secretary of Environmental Quality, as appropriate.
SECTION 14.30.(w) The following statutes are amended by deleting the language "Department of Environment and Natural Resources" wherever it appears and substituting "Department of Natural and Cultural Resources": G.S. 100‑11, G.S. 100‑12, G.S. 100‑13, G.S. 100‑14, G.S. 146‑30. In any other instances in the General Statutes in which there is a reference to the Department of Environment and Natural Resources or a derivative thereof, the Revisor of Statutes may replace that reference with a reference to the Department of Natural and Cultural Resources, as appropriate.
SECTION 14.30.(x) The following statutes are amended by deleting the language "Secretary of the Department of Cultural Resources" wherever it appears and substituting "Secretary of Natural and Cultural Resources": G.S. 70‑1, G.S. 70‑3, G.S. 70‑4, G.S. 113A‑259, G.S. 116‑37.1, G.S. 116‑65, G.S. 121‑13, G.S. 132‑5.1, G.S. 143‑640, G.S. 143B‑53.2, G.S. 143B‑131.1, G.S. 143B‑131.2, G.S. 143B‑131.6, G.S. 143B‑131.9. In any other instances in the General Statutes in which there is a reference to the Secretary of the Department of Cultural Resources or a derivative thereof, the Revisor of Statutes may replace that reference with a reference to the Secretary of Natural and Cultural Resources, as appropriate.
SECTION 14.30.(y) The following statutes are amended by deleting the language "Secretary of the Department of Environment and Natural Resources" wherever it appears and substituting "Secretary of Environmental Quality": G.S. 113‑173.1, G.S. 127C‑2. In any other instances in the General Statutes in which there is a reference to the Secretary of the Department of Environment and Natural Resources or a derivative thereof, the Revisor of Statutes may replace that reference with a reference to the Secretary of Environmental Quality, as appropriate.
CONFORMING CHANGES
SECTION 14.30.(z) The following statutes are amended by deleting the language "Article 2C of Chapter 113" wherever it appears and substituting "Part 32 of Article 7 of Chapter 143B": G.S. 20‑81.12, G.S. 143‑260.10, G.S. 143B‑260.10C, G.S. 143B‑260.10D, G.S. 143B‑260.10E.
SECTION 14.30.(aa) The following statutes are amended by deleting the language "G.S. 113‑44.14" wherever it appears and substituting "G.S. 143B‑135.54": G.S. 143‑260.10, G.S. 143B‑260.10C, G.S. 143B‑260.10D, G.S. 143B‑260.10G.
SECTION 14.30.(bb) G.S. 14‑131 reads as rewritten:
"§ 14‑131. Trespass on land under option by the federal government.
On lands under option which have formally or informally been
offered to and accepted by either the North Carolina Department of Environment
and Natural and Cultural Resources or the Department of
Environmental Quality by the acquiring federal agency and tentatively
accepted by said a Department for administration as State
forests, State parks, State game refuges or for other public purposes, it shall
be unlawful to cut, dig, break, injure or remove any timber, lumber, firewood,
trees, shrubs or other plants; or any fence, house, barn or other structure; or
to pursue, trap, hunt or kill any bird or other wild animals or take fish from
streams or lakes within the boundaries of such areas without the written
consent of the local official of the United States having charge of the
acquisition of such lands.
Any person, firm or corporation convicted of the violation of this section shall be guilty of a Class 3 misdemeanor.
The Department of Environment and Natural Resources Environmental
Quality through its legally appointed forestry, fish and game wardens is
hereby authorized and empowered to assist the county law‑enforcement
officers in the enforcement of this section."
SECTION 14.30.(cc) G.S. 14‑415.11(c1) reads as rewritten:
"(c1) Any person who has a concealed handgun permit
may carry a concealed handgun on the grounds or waters of a park within the
State Parks System as defined in G.S. 113‑44.9.G.S. 143B‑135.44."
SECTION 14.30.(dd) G.S. 20‑79.7(b) reads as rewritten:
"(b) Distribution of Fees. – The Special
Registration Plate Account and the Collegiate and Cultural Attraction Plate
Account are established within the Highway Fund. The Division must credit the
additional fee imposed for the special registration plates listed in subsection
(a) of this section among the Special Registration Plate Account (SRPA), the
Collegiate and Cultural Attraction Plate Account (CCAPA), the Clean Water Management
Trust Fund (CWMTF), which is established under G.S. 113A‑253, and
the Parks and Recreation Trust Fund, which is established under G.S. 113‑44.15,
G.S. 143B‑135.56, as follows:
…."
SECTION 14.30.(ee) G.S. 20‑125(b) reads as rewritten:
"(b) Every vehicle owned or operated by a police
department or by the Department of Public Safety including the State Highway
Patrol or by the Wildlife Resources Commission or the Division of Marine Fisheries,
Fisheries of the Department of Environmental Quality, or by the
Division of Parks and Recreation of the Department of Environment and Natural
and Cultural Resources, or by the North Carolina Forest Service of the
Department of Agriculture and Consumer Services, and used exclusively for law
enforcement, firefighting, or other emergency response purposes, or by the
Division of Emergency Management, or by a fire department, either municipal or
rural, or by a fire patrol, whether such fire department or patrol be a paid
organization or a voluntary association, vehicles used by an organ procurement
organization or agency for the recovery and transportation of human tissues and
organs for transplantation, and every ambulance or emergency medical service
emergency support vehicle used for answering emergency calls, shall be equipped
with special lights, bells, sirens, horns or exhaust whistles of a type
approved by the Commissioner of Motor Vehicles.
The operators of all such vehicles so equipped are hereby authorized to use such equipment at all times while engaged in the performance of their duties and services, both within their respective corporate limits and beyond.
In addition to the use of special equipment authorized and required by this subsection, the chief and assistant chiefs of any police department or of any fire department, whether the same be municipal or rural, paid or voluntary, county fire marshals, assistant fire marshals, transplant coordinators, and emergency management coordinators, are hereby authorized to use such special equipment on privately owned vehicles operated by them while actually engaged in the performance of their official or semiofficial duties or services either within or beyond their respective corporate limits.
And vehicles driven by law enforcement officers of the North Carolina Division of Motor Vehicles shall be equipped with a bell, siren, or exhaust whistle of a type approved by the Commissioner, and all vehicles owned and operated by the State Bureau of Investigation for the use of its agents and officers in the performance of their official duties may be equipped with special lights, bells, sirens, horns or exhaust whistles of a type approved by the Commissioner of Motor Vehicles.
Every vehicle used or operated for law enforcement purposes by the sheriff or any salaried deputy sheriff or salaried rural policeman of any county, whether owned by the county or not, may be, but is not required to be, equipped with special lights, bells, sirens, horns or exhaust whistles of a type approved by the Commissioner of Motor Vehicles. Such special equipment shall not be operated or activated by any person except by a law enforcement officer while actively engaged in performing law enforcement duties.
In addition to the use of special equipment authorized and required by this subsection, the chief and assistant chiefs of each emergency rescue squad which is recognized or sponsored by any municipality or civil preparedness agency, are hereby authorized to use such special equipment on privately owned vehicles operated by them while actually engaged in their official or semiofficial duties or services either within or beyond the corporate limits of the municipality which recognizes or sponsors such organization."
SECTION 14.30.(ff) G.S. 20‑130.1(b)(18) reads as rewritten:
"(b) The provisions of subsection (a) of this section do not apply to the following:
…
(18) A vehicle operated by the Division of Marine
Fisheries of the Department of Environmental Quality or the Division of
Parks and Recreation of the Department of Environment and Natural and
Cultural Resources that is used for law enforcement, firefighting, or other
emergency response purpose."
SECTION 14.30.(gg) G.S. 20‑145 reads as rewritten:
"§ 20‑145. When speed limit not applicable.
The speed limitations set forth in this Article shall not apply
to vehicles when operated with due regard for safety under the direction of the
police in the chase or apprehension of violators of the law or of persons
charged with or suspected of any such violation, nor to fire department or fire
patrol vehicles when traveling in response to a fire alarm, nor to public or
private ambulances and rescue squad emergency service vehicles when traveling
in emergencies, nor to vehicles operated by county fire marshals and civil
preparedness coordinators when traveling in the performances of their duties,
nor to any of the following when either operated by a law enforcement officer
in the chase or apprehension of violators of the law or of persons charged with
or suspected of any such violation, when traveling in response to a fire alarm,
or for other emergency response purposes: (i) a vehicle operated by the
Division of Marine Fisheries of the Department of Environmental Quality or
the Division of Parks and Recreation of the Department of Environment and Natural
and Cultural Resources or (ii) a vehicle operated by the North Carolina
Forest Service of the Department of Agriculture and Consumer Services. This
exemption shall not, however, protect the driver of any such vehicle from the
consequence of a reckless disregard of the safety of others."
SECTION 14.30.(hh) G.S. 20‑156(b) reads as rewritten:
"(b) The driver of a vehicle upon the highway shall
yield the right‑of‑way to police and fire department vehicles and
public and private ambulances, vehicles used by an organ procurement
organization or agency for the recovery or transportation of human tissues and
organs for transplantation or a vehicle operated by a transplant coordinator
who is an employee of an organ procurement organization or agency when the
transplant coordinator is responding to a call to recover or transport human
tissues or organs for transplantation, and to rescue squad emergency service
vehicles and vehicles operated by county fire marshals and civil preparedness
coordinators, and to a vehicle operated by the Division of Marine Fisheries of
the Department of Environmental Quality or the Division of Parks and
Recreation of the Department of Environment and Natural and Cultural Resources
when used for law enforcement, firefighting, or other emergency response
purpose, and to a vehicle operated by the North Carolina Forest Service of the
Department of Agriculture and Consumer Services when used for a law
enforcement, firefighting, or other emergency response purpose, when the
operators of said vehicles are giving a warning signal by appropriate light and
by bell, siren or exhaust whistle audible under normal conditions from a
distance not less than 1,000 feet. When appropriate warning signals are being
given, as provided in this subsection, an emergency vehicle may proceed through
an intersection or other place when the emergency vehicle is facing a stop
sign, a yield sign, or a traffic light which is emitting a flashing strobe
signal or a beam of steady or flashing red light. This provision shall not
operate to relieve the driver of a police or fire department vehicle, or a
vehicle owned or operated by the Department of Environment and Natural
Resources, or the Department of Agriculture and Consumer Services, or public or
private ambulance or vehicles used by an organ procurement organization or
agency for the recovery or transportation of human tissues and organs for
transplantation or a vehicle operated by a transplant coordinator who is an
employee of an organ procurement organization or agency when the transplant
coordinator is responding to a call to recover or transport human tissues or
organs for transplantation, or rescue squad emergency service vehicle or county
fire marshals or civil preparedness coordinators from the duty to drive with
due regard for the safety of all persons using the highway, nor shall it
protect the driver of any such vehicle or county fire marshal or civil
preparedness coordinator from the consequence of any arbitrary exercise of such
right‑of‑way."
SECTION 14.30.(ii) G.S. 20‑157(a) reads as rewritten:
"(a) Upon the approach of any law enforcement or
fire department vehicle or public or private ambulance or rescue squad
emergency service vehicle, or a vehicle operated by the Division of Marine Fisheries,
Fisheries of the Department of Environmental Quality, or the
Division of Parks and Recreation of the Department of Environment and Natural
and Cultural Resources, or the North Carolina Forest Service of the
Department of Agriculture and Consumer Services when traveling in response to a
fire alarm or other emergency response purpose, giving warning signal by
appropriate light and by audible bell, siren or exhaust whistle, audible under
normal conditions from a distance not less than 1000 feet, the driver of every
other vehicle shall immediately drive the same to a position as near as
possible and parallel to the right‑hand edge or curb, clear of any
intersection of streets or highways, and shall stop and remain in such position
unless otherwise directed by a law enforcement or traffic officer until the law
enforcement or fire department vehicle, or the vehicle operated by the Division
of Marine Fisheries, Fisheries of the Department of Environmental
Quality, or the Division of Parks and Recreation of the Department of Environment
and Natural and Cultural Resources, or the North Carolina Forest
Service of the Department of Agriculture and Consumer Services, or the public
or private ambulance or rescue squad emergency service vehicle shall have
passed. Provided, however, this subsection shall not apply to vehicles
traveling in the opposite direction of the vehicles herein enumerated when
traveling on a four‑lane limited access highway with a median divider
dividing the highway for vehicles traveling in opposite directions, and
provided further that the violation of this subsection shall be negligence per
se. Violation of this subsection is a Class 2 misdemeanor."
SECTION 14.30.(jj) G.S. 66‑58 reads as rewritten:
"§ 66‑58. Sale of merchandise or services by governmental units.
…
(b) The provisions of subsection (a) of this section shall not apply to:
…
(9) The Department of Environment and Natural
Resources, except that the Department shall not construct, maintain, operate or
lease a hotel or tourist inn in any park over which it has jurisdiction.Environmental
Quality. The North Carolina Wildlife Resources Commission may sell wildlife
memorabilia as a service to members of the public interested in wildlife
conservation.
…
(9b) The Department of Natural and Cultural
Resources for the sale of food pursuant to G.S. 111‑47.2 and the
sale of books, crafts, gifts, and other tourism‑related items and
revenues from public and private special events, activities, and programming at
historic sites and museums administered by the Department, provided that the
resulting profits are used to support the operation of historic sites or museums.museums
and provided further that the Department shall not construct, maintain, operate,
or lease a hotel or tourist inn in any park over which it has jurisdiction.
…
(c) The provisions of subsection (a) shall not prohibit:
…
(2) The sale of learned journals, works of art, books or publications of the Department of Natural and Cultural Resources or other agencies, or the Supreme Court Reports or Session Laws of the General Assembly.
…
(9b) The Department of Natural and Cultural
Resources for the sale of food pursuant to G.S. 111‑47.2 and the
sale of books, crafts, gifts, and other tourism‑related items and
revenues from public and private special events, activities, and programming at
historic sites and museums administered by the Department, provided that the
resulting profits are used to support the operation of historic sites or museums.museums
and provided further that the Department shall not construct, maintain, operate,
or lease a hotel or tourist inn in any park over which it has jurisdiction.
…."
SECTION 14.30.(kk) G.S. 74‑50(b3) reads as rewritten:
"(b3) When the Department receives an application for a new mining permit or for a modification of a mining permit to add land to the permitted area, the Department shall send a notice of the application to each of the following agencies with a request that each agency review and provide written comment on the application within 30 days of the date on which the request is made:
(1) Division of Air Quality, Department of Environment
and Natural Resources.Environmental Quality.
(2) Division of Parks and Recreation, Department of Environment
and Natural and Cultural Resources.
(3) Repealed by Session Laws 2013‑413, s. 57(b), effective August 23, 2013.
(4) Division of Water Resources, Department of Environment
and Natural Resources.Environmental Quality.
(5) North Carolina Geological Survey, Division of
Energy, Mineral, and Land Resources, Department of Environment and Natural
Resources.Environmental Quality.
(6) Wildlife Resources Commission, Department of Environment
and Natural Resources.Environmental Quality.
(7) Office of Archives and History, Department of Cultural Resources.
(8) United States Fish and Wildlife Service, United States Department of the Interior.
(9) Any other federal or State agency that the
Department determines to be appropriate, including the Division of Coastal
Management, Department of Environment and Natural Resources; the
Division of Marine Fisheries, Department of Environment and Natural
Resources; and the Division of Waste Management, Management
of the Department of Environment and Natural Resources; Environmental
Quality; and the Department of Transportation."
SECTION 14.30.(ll) G.S. 106‑202.17(b) reads as rewritten:
"(b) The Scientific Committee shall consist of the
Directors of The University of North Carolina at Chapel Hill Herbarium, the
North Carolina State University Herbarium, the North Carolina Botanical Garden
of The University of North Carolina at Chapel Hill, the North Carolina State
Museum of Natural Sciences of the Department of Natural and Cultural
Resources, and the North Carolina Natural Heritage Program of the
Department of Environment and Natural ResourcesEnvironmental Quality
or their designees, a representative of the North Carolina Association of
Nurserymen, Inc., appointed by the Commissioner, and a representative of a
conservation organization, appointed by the Commissioner. Members shall serve
for three‑year terms and may succeed themselves."
SECTION 14.30.(mm) G.S. 106‑803(a) reads as rewritten:
"§ 106‑803. Siting requirements for swine houses, lagoons, and land areas onto which waste is applied at swine farms.
(a) A swine house or a lagoon that is a component of a swine farm shall be located:
(1) At least 1,500 feet from any occupied residence.
(2) At least 2,500 feet from any school; hospital;
church; outdoor recreational facility; national park; State Park, as defined in
G.S. 113‑44.9; G.S. 143B‑135.44; historic
property acquired by the State pursuant to G.S. 121‑9 or listed in
the North Carolina Register of Historic Places pursuant to G.S. 121‑4.1;
or child care center, as defined in G.S. 110‑86, that is licensed
under Article 7 of Chapter 110 of the General Statutes.
(3) At least 500 feet from any property boundary.
(4) At least 500 feet from any well supplying water to a public water system, as defined in G.S. 130A‑313.
(5) At least 500 feet from any other well that supplies water for human consumption. This subdivision does not apply to a well located on the same parcel or tract of land on which the swine house or lagoon is located and that supplies water only for use on that parcel or tract of land or for use on adjacent parcels or tracts of land all of which are under common ownership or control."
SECTION 14.30.(nn) G.S. 113‑8 reads as rewritten:
"§ 113‑8. Powers and duties of the Department.
The Department shall make investigations of the natural resources of the State, and take such measures as it may deem best suited to promote the conservation and development of such resources.
It shall have the protection of lands and water supplies; it
shall also have the care of State parks, and other recreational areas
now owned or to be acquired by the State, including the lakes referred to in G.S. 146‑7.
It shall make such examination, survey and mapping of the geology, mineralogy and topography of the State, including their industrial and economic utilization, as it may consider necessary; make investigations of water supplies and water powers, prepare and maintain a general inventory of the water resources of the State, and take such measures as it may consider necessary to promote their development.
It shall have the duty of enforcing all laws relating to the conservation of marine and estuarine resources.
The Department may take such other measures as it may deem advisable to obtain and make public a more complete knowledge of the State and its resources, and it is authorized to cooperate with other departments and agencies of the State in obtaining and making public such information.
The Department may acquire such real and personal property as may be found desirable and necessary for the performance of the duties and functions of the Department and pay for same out of any funds appropriated for the Department or available unappropriated revenues of the Department, when such acquisition is approved by the Governor and Council of State. The title to any real estate acquired shall be in the name of the State of North Carolina for the use and benefit of the Department."
SECTION 14.30.(oo) G.S. 113‑28.1 reads as rewritten:
"§ 113‑28.1. Designated employees commissioned special peace officers by Governor.
Upon application by either the Secretary of Environment
and Natural Resources, Natural and Cultural Resources or the Secretary of
Environmental Quality, the Governor is hereby authorized and empowered to
commission as special peace officers such of the employees of the Department
of Environment and Natural Resources Departments as the Secretary
may designate for the purpose of enforcing the laws and rules enacted or
adopted for the protection, preservation and government of State parks, lakes,
reservations and other lands or waters under the control or supervision of the Department
of Environment and Natural Resources.respective Departments."
SECTION 14.30.(pp) G.S. 113‑28.2 reads as rewritten:
"§ 113‑28.2. Powers of arrest.
Any employee of either the Department of Environment
and Natural and Cultural Resources or the Department of Environmental
Quality commissioned as a special peace officer shall have the right to
arrest with warrant any person violating any law or rule on or relating to the
State parks, lakes, reservations and other lands or waters under the control or
supervision of the Department of Environment and Natural Resources, employee's
respective Department, and shall have the power to pursue and arrest
without warrant any person violating in his presence any law or rule on or
relating to said parks, lakes, reservations and other lands or waters under the
control or supervision of the Department of Environment and Natural Resources.employee's
respective Department."
SECTION 14.30.(qq) G.S. 113‑28.2A reads as rewritten:
"§ 113‑28.2A. Cooperation between law enforcement agencies.
Special peace officers employed by either the
Department of Environment and Natural and Cultural Resources or
the Department of Environmental Quality are officers of a "law
enforcement agency" for purposes of G.S. 160A‑288, and the each
Department shall have the same authority as a city or county governing body
to approve cooperation between law enforcement agencies under that section."
SECTION 14.30.(rr) G.S. 113‑28.4 reads as rewritten:
"§ 113‑28.4. Oaths required.
Before any employee of either the Department of Environment
and Natural and Cultural Resources or the Department of
Environmental Quality commissioned as a special peace officer shall
exercise any power of arrest under this Article he Article, the
employee shall take the oaths required of public officers before an officer
authorized to administer oaths."
SECTION 14.30.(ss) G.S. 113‑307.1(a) reads as rewritten:
"(a) The consent of the General Assembly of North Carolina is hereby given to the making by the Congress of the United States, or under its authority, of all such rules and regulations as the federal government shall determine to be needful in respect to game animals, game and nongame birds, and fish on such lands in the western part of North Carolina as shall have been, or may hereafter be, purchased by the United States under the terms of the act of Congress of March 1, 1911, entitled "An act to enable any state to cooperate with any other state or states, or with the United States, for the protection of the watersheds of navigable streams, and to appoint a commission for the acquisition of lands for the purposes of conserving the navigability of navigable rivers" (36 Stat. 961), and acts of Congress supplementary thereto and amendatory thereof, and in or on the waters thereon.
Nothing in this subsection shall be construed as conveying
the ownership of wildlife from the State of North Carolina or permit the
trapping, hunting, or transportation of any game animals, game or nongame
birds, or fish by any person, including any agency, department, or
instrumentality of the United States or agents thereof, on the lands in North
Carolina, as shall have been or may hereafter be purchased by the United States
under the terms of any act of Congress, except in accordance with the
provisions of this Subchapter and its implementing regulations. Provided, that
the provisions of G.S. 113‑39 G.S. 143B‑135.20 apply
with respect to licenses.
Any person, including employees or agents of any department or instrumentality of the United States, violating the provisions of this subsection is guilty of a Class 1 misdemeanor."
SECTION 14.30.(tt) G.S. 120‑306(a)(1)c. is repealed.
SECTION 14.30.(uu) G.S. 121‑7.7(c) reads as rewritten:
"(c) Reports. – The Department of Natural and Cultural
Resources must submit to the Joint Legislative Commission on Governmental
Operations, the chairs of the House of Representatives and Appropriations
Committee on Agriculture and Natural and Environmental Resources, the Chairs of
the Senate Appropriations Subcommittees Committee on General
Government, Natural and Economic Resources, and the Fiscal Research
Division by September 30 of each year a report on the Fund that includes the
source and amounts of all funds credited to the Fund and the purpose and amount
of all expenditures from the Fund during the prior fiscal year."
SECTION 14.30.(vv) G.S. 121‑21.1(c) reads as rewritten:
"(c) The Tryon Palace Commission shall submit to
the Joint Legislative Commission on Governmental Operations, the House and of
Representatives Appropriations Committee on Agriculture and Natural and
Economic Resources, the Senate Appropriations Subcommittees Committee
on General Government, Natural and Economic Resources, and
the Fiscal Research Division by September 30 of each year a report on the Tryon
Palace Historic Sites and Gardens Fund that shall include the source and
amounts of all funds credited to the Fund and the purpose and amount of all
expenditures from the Fund during the prior fiscal year."
SECTION 14.30.(ww) G.S. 136‑44.12 reads as rewritten:
"§ 136‑44.12. Maintenance of roads and parking lots in areas administered by the Division of Parks and Recreation.
The Department of Transportation shall maintain all roads and
parking lots which are not part of the State Highway System, leading into and
located within the boundaries of all areas administered by the Division of
Parks and Recreation of the Department of Environment and Natural and
Cultural Resources.
All such roads and parking lots shall be planned, designed,
and engineered through joint action between the Department of Transportation
and the Division of Parks and Recreation of the Department of Environment
and Natural and Cultural Resources. This joint action shall
encompass all accepted park planning and design principles. Particular concern
shall be given to traffic counts and vehicle weight, minimal cutting into or
through any natural and scenic areas, width of shoulders, the cutting of
natural growth along roadways, and the reduction of any potential use of roads
or parking lots for any purpose other than by park users. All State park roads
and parking lots shall conform to the standards regarding width and other
roadway specifications as agreed upon by the Division of Parks and Recreation
of the Department of Environment and Natural and Cultural Resources
and the Department of Transportation.
The State park road systems may be closed to the public in
accordance with approved park practices that control the use of State areas so
as to protect these areas from overuse and abuse and provide for functional use
of the park areas, or for any other purpose considered in the best interest of
the public by the Division of Parks and Recreation of the Department of Environment
and Natural and Cultural Resources.
Nothing herein shall be construed to include the transfer to
the Department of Transportation the powers now vested in the Division of Parks
and Recreation of the Department of Environment and Natural and
Cultural Resources relating to the patrol and safeguarding of State park
roads or State park parking lots."
SECTION 14.30.(xx) G.S. 143‑116.8 reads as rewritten:
"§ 143‑116.8. Motor vehicle laws applicable to State parks and forests road system.
(a) Except as otherwise provided in this section, all
the provisions of Chapter 20 of the General Statutes relating to the use of
highways and public vehicular areas of the State and the operation of vehicles
thereon are made applicable to the State parks and forests road system. For the
purposes of this section, the term "State parks and forests road system"
shall mean the streets, alleys, roads, public vehicular areas and driveways of
the State parks, State forests, State recreation areas, State lakes, and all
other lands administered by the Department of Environment and Natural and
Cultural Resources or the Department of Agriculture and Consumer Services.
This term shall not be construed, however, to include streets that are a part
of the State highway system. Any person violating any of the provisions of
Chapter 20 of the General Statutes hereby made applicable in the State parks
and forests road system shall, upon conviction, be punished in accordance with
Chapter 20 of the General Statutes. Nothing herein contained shall be construed
as in any way interfering with the ownership and control of the State parks
road system by the Department of Environment and Natural and Cultural
Resources and the forests road system by the Department of Agriculture and
Consumer Services.
(b) (1) It shall be
unlawful for a person to operate a vehicle in the State parks road system at a
speed in excess of twenty‑five miles per hour (25 mph). When the
Secretary of Environment and Natural and Cultural Resources
determines that this speed is greater than reasonable and safe under the
conditions found to exist in the State parks road system, the Secretary may
establish a lower reasonable and safe speed limit. No speed limit established
by the Secretary pursuant to this provision shall be effective until posted in
the part of the system where the limit is intended to apply.
…
(c) The Secretary of Environment and Natural and
Cultural Resources may, by rule, regulate parking and establish parking
areas, and provide for the removal of illegally parked motor vehicles on the
State parks road system, and the Commissioner of Agriculture may, by rule,
regulate and establish parking areas and provide for the removal of illegally
parked motor vehicles on the State forests road system. Any rule of the
Secretary or the Commissioner shall be consistent with the provisions of G.S. 20‑161,
20‑161.1, and 20‑162. Any removal of illegally parked motor
vehicles shall be in compliance with Article 7A of Chapter 20 of the General
Statutes.
(d) A violation of the rules issued by the Secretary
of Environment and Natural and Cultural Resources or the
Commissioner of Agriculture under subsection (c) of this section is an
infraction pursuant to G.S. 20‑162.1, and shall be punished as
therein provided. These rules may be enforced by the Commissioner of Motor
Vehicles, the Highway Patrol, forest law enforcement officers, or other law
enforcement officers of the State, counties, cities or other municipalities
having authority under Chapter 20 of the General Statutes to enforce laws or
rules on travel or use or operation of vehicles or the use or protection of the
highways of the State.
…
(f) Notwithstanding any other provision of this
section, a person may petition the Department of Environment and Natural
and Cultural Resources for a waiver authorizing the person to operate a
vehicle in the State parks road system at a speed in excess of 25 miles per
hour in connection with a special event. The Secretary may impose any
conditions on a waiver that the Secretary determines to be necessary to protect
public health, safety, welfare, and the natural resources of the State park.
These conditions shall include a requirement that the person receiving the
waiver execute an indemnification agreement with the Department and obtain
general liability insurance in an amount not to exceed three million dollars
($3,000,000) covering personal injury and property damage that may result from
driving in excess of 25 miles per hour in the State parks road system subject
to the conditions determined by the Secretary.
…."
SECTION 14.30.(yy) G.S. 143‑129.8A(a) reads as rewritten:
"(a) Exemption. – The North Carolina Zoological
Park is a State entity whose primary purpose is the attraction of, interaction
with, and education of the public regarding issues of global conservation,
ecological preservation, and scientific exploration, and that purpose presents
unique challenges requiring greater flexibility and faster responsiveness in
meeting the needs of and creating the attractions for the Park. Accordingly,
the Department of Environment and Natural and Cultural Resources
may use the procedure set forth in this section, in addition to or instead of
any other procedure available under North Carolina law, to contract with a non‑State
entity on behalf of the Park for the acquisition of goods and services where:
(i) the contract directly results in the generation of revenue for the State of
North Carolina or (ii) the use of the acquired goods and services by the Park
results in increased revenue or decreased expenditures for the State of North
Carolina."
SECTION 14.30.(zz) G.S. 143‑135.9(e) reads as rewritten:
"(e) North Carolina Zoological Park. – The
acquisition of goods and services under a contract entered pursuant to the
exemption of G.S. 143‑129.8A(a) by the Department of Environment
and Natural and Cultural Resources on behalf of the North Carolina
Zoological Park may be conducted using the Best Value procurement method. For
acquisitions which the procuring agency deems to be highly complex, the use of
Government‑Vendor partnership is authorized."
SECTION 14.30.(aaa) G.S. 143‑215.31(e) reads as rewritten:
"(e) The minimum streamflow in the length of the stream affected by a dam to which subsections (c) and (d) of this section do not apply shall be established as provided in subsection (b) of this section. Subsections (c) and (d) of this section do not apply if the length of the stream affected:
(1) Receives a discharge of waste from a treatment works for which a permit is required under Part 1 of this Article; or
(2) Includes any part of a river or stream segment that:
a. Is designated as a component of the State Natural
and Scenic Rivers System by G.S. 113A‑35.1 G.S. 143B‑135.152
or G.S. 113A‑35.2.G.S. 143B‑135.154.
b. Is designated as a component of the national Wild and Scenic Rivers System by 16 U.S.C. § 1273 and 1274."
SECTION 14.30.(bbb) G.S. 143‑215.73F reads as rewritten:
"§ 143‑215.73F. Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund.
The Shallow Draft Navigation Channel Dredging and Lake
Maintenance Fund is established as a special revenue fund. The Fund consists of
fees credited to it under G.S. 75A‑3, 75A‑38, and 105‑449.126.
Revenue in the Fund may only be used to provide the State's share of the costs
associated with any dredging project designed to keep shallow draft navigation
channels located in State waters or waters of the state located within lakes
navigable and safe, or for aquatic weed control projects in waters of the State
located within lakes under Article 15 of Chapter 113A of the General Statutes.
Funding for aquatic weed control projects is limited to five hundred thousand
dollars ($500,000) in each fiscal year. Any project funded by revenue from the
Fund must be cost‑shared with non‑State dollars on a one‑to‑one
basis, provided that the cost‑share for a lake located within a component
of the State Parks System shall be provided by the Division of Parks and
Recreation of the Department of Environment and Natural and Cultural Resources.
The Division of Parks and Recreation may use funds allocated to the State Parks
System for capital projects under G.S. 113‑44.15 G.S. 143B‑135.56
for the cost‑share. For purposes of this section, "shallow draft
navigation channel" means (i) a waterway connection with a maximum depth
of 16 feet between the Atlantic Ocean and a bay or the Atlantic Intracoastal Waterway,
(ii) a river entrance to the Atlantic Ocean through which tidal and other
currents flow, or (iii) other interior coastal waterways. "Shallow draft
navigation channel" includes the Atlantic Intracoastal Waterway and its
side channels, Beaufort Harbor, Bogue Inlet, Carolina Beach Inlet, the channel
from Back Sound to Lookout Back, channels connected to federal navigation
channels, Lockwoods Folly River, Manteo/Shallowbag Bay, including Oregon Inlet,
Masonboro Inlet, New River, New Topsail Inlet, Rodanthe, Rollinson, Shallotte
River, Silver Lake Harbor, and the waterway connecting Pamlico Sound and
Beaufort Harbor."
SECTION 14.30.(ccc) G.S. 147‑12(b) reads as rewritten:
"(b) The Department of Transportation, the Division
of Adult Correction of the Department of Public Safety, the State Highway
Patrol, the Wildlife Resources Commission, the Division of Parks and Recreation
in the Department of Environment and Natural and Natural Resources,
and the Division of Marine Fisheries in the Department of Environment and
Natural Resources Environmental Quality shall deliver to the
Governor by February 1 of each year detailed information on the agency's litter
enforcement, litter prevention, and litter removal efforts. The Administrative
Office of the Courts shall deliver to the Governor, by February 1 of each year,
detailed information on the enforcement of the littering laws of the State,
including the number of charges and convictions under the littering laws of the
State. The Governor shall gather the information submitted by the respective
agencies and deliver a consolidated annual report, on or before March 1 of each
year, to the Environmental Review Commission, the Joint Legislative
Transportation Oversight Committee, and the House of Representatives and the Senate
Appropriations Subcommittees on Natural and Economic Resourcesappropriations
committees with jurisdiction over natural and economic resources."
SECTION 14.30.(ddd) The title of Article 2 of Chapter 143B of the General Statutes reads as rewritten:
"Article 2.
Department of Natural and Cultural Resources."
SECTION 14.30.(eee) The title of Article 7 of Chapter 143B of the General Statutes is rewritten to read:
"Article 7.
Department of Environmental Quality."
SECTION 14.30.(fff) G.S. 143B‑50 reads as rewritten:
"§ 143B‑50. Duties of the Department.
It shall be the duty of the Department to do the following:
(1) To provide the necessary management, development of policy and establishment and enforcement of standards for the furtherance of resources, services and programs involving the arts and the historical and cultural aspects of the lives of the citizens of North Carolina.
(2) To provide and keep a museum or collection of the natural history of the State and to maintain the North Carolina Biological Survey."
SECTION 14.30.(ggg) G.S. 143B‑53 reads as rewritten:
"§ 143B‑53. Organization of the Department.
(a) The Department of Cultural Resources shall be organized initially to include the Art Commission, the Art Museum Building Commission, the North Carolina Historical Commission, the Tryon Palace Commission, the U.S.S. North Carolina Battleship Commission, the Sir Walter Raleigh Commission, the Executive Mansion Fine Arts Committee, the American Revolution Bicentennial Committee, the North Carolina Awards Committee, the America's Four Hundredth Anniversary Committee, the North Carolina Arts Council, the Public Librarian Certification Commission, the State Library Commission, the North Carolina Symphony Society, Inc., and the Division of the State Library, the Division of Archives and History, the Division of the Arts, and such other divisions as may be established under the provisions of the Executive Organization Act of 1973.
(b) The Department of Natural and Cultural Resources shall include the currently existing entities listed in subsection (a) of this section and the following additional entities:
(1) The Parks and Recreation Division.
(2) The State Parks System, including Mount Mitchell State Park.
(3) The North Carolina Aquariums Division.
(4) The North Carolina Zoological Park.
(5) The Museum of Natural Sciences.
(6) North Carolina Parks and Recreation Authority.
(7) North Carolina Trails Committee.
(8) North Carolina Zoological Park Council.
(9) Advisory Commission for North Carolina State Museum of Natural Sciences."
SECTION 14.30.(hhh) G.S. 143B‑53.3(c) reads as rewritten:
"(c) Reports. – The Department of Natural and Cultural
Resources shall submit a report by September 30 of each year to the Joint
Legislative Commission on Governmental Operations, the chairs of the House
of Representatives Appropriations Subcommittee Committee on General
Government, Agriculture and Natural and Economic Resources, the chairs
of the Senate Appropriations Committee on General Government and
Information Technology, Natural and Economic Resources, and the
Fiscal Research Division. This report shall include the source and amount of
all funds credited to the Fund and the purpose and amount of all expenditures
from the Fund during the prior fiscal year."
SECTION 14.30.(iii) G.S. 143B‑87.2(c) reads as rewritten:
"(c) Reports. – The Department shall submit a
report to the Joint Legislative Commission on Governmental Operations, the
House of Representatives Appropriations Subcommittee Committee on
General Government, Agriculture and Natural and Economic Resources, the
Senate Appropriations Committee on General Government and Information
Technology, Natural and Economic Resources, and the Fiscal Research
Division by September 30 of each year that includes the source and amount of
all funds credited to the Fund and the purpose and amount of all expenditures
from the Fund during the prior fiscal year."
SECTION 14.30.(jjj) G.S. 143B‑131.4 reads as rewritten:
"§ 143B‑131.4. Commission reports.
The Commission shall submit a quarterly report to the Chairs
of the House of Representatives Appropriations Subcommittee Committee
on General Government and Agriculture and Natural and Economic
Resources, the Chairs of the Senate Appropriations Committee on General
Government and Information Technology Natural and Economic Resources, and
to the Fiscal Research Division of the General Assembly. The report shall
include:
(1) A summary of actions taken by the Commission consistent with the powers and duties of the Commission set forth in G.S. 143B‑131.2.
(2) Recommendations for legislation and administrative action to promote and develop the Elizabeth II State Historic Site and Visitor Center.
(3) An accounting of funds received and expended."
SECTION 14.30.(kkk) G.S. 143B‑279.2(2a) is repealed.
SECTION 14.30.(lll) Subdivisions (9) and (12) of subsection (a) and subdivisions (17), (19), and (22) of subsection (b) of G.S. 143B‑279.3 are repealed.
SECTION 14.30.(mmm) G.S. 143B‑344.49 reads as rewritten:
"§ 143B‑344.49. Definitions.
The following definitions apply to this Part:
(1) Applicant. – A member of the family residing in the dwelling unit, the owner, or designated agent of the owner of a dwelling unit applying for program services.
(2) Department. – The Environment and Natural
Resources.Department of Environmental Quality.
(3) Secretary. – The Secretary of the Department of
Environment and Natural Resources.Environmental Quality.
(4) Subgrantee. – An entity managing a weatherization project that receives a federal grant of funds awarded pursuant to 10 C.F.R. § 440 (1 January 2006 edition) from this State or other entity named in the Notification of Grant Award and otherwise referred to as the grantee.
(5) Weatherization. – The modification of homes and home heating and cooling systems to improve heating and cooling efficiency by caulking and weather stripping, as well as insulating ceilings, attics, walls, and floors."
SECTION 14.30.(nnn) G.S. 146‑29.2(e) reads as rewritten:
"(e) Land in the State Parks System, as defined in
G.S. 113‑449.9, G.S. 143B‑135.44, may only
be leased or conveyed for the purposes of this section upon the approval of the
Secretary of the Department of Environment and Natural and Cultural Resources.
Lease or conveyance of land in the State Parks System for the purposes of this
section shall comply with the requirements of Articles 2 and 2C of Chapter
113 Parts 31 and 32 of Article 7 of Chapter 143B of the General
Statutes. When selecting a location for a communications tower or antenna in
the State Parks System, the State shall choose a location that minimizes the
visual impact on the surrounding landscape. No land acquired or developed using
funds from the Federal Land and Water Conservation Fund shall be leased or
conveyed for the purposes of this section."
LIMITED AUTHORITY TO RECLASSIFY AND ELIMINATE CERTAIN POSITIONS
SECTION 14.30.(ooo) Notwithstanding any other provision of law, subject to the approval of the Director of the Budget, the Office of State Budget and Management or the Secretary of the Department of Natural and Cultural Resources may reclassify or eliminate existing administrative positions that are not specifically addressed in this act as needed for the efficient operation of the Department.
BUDGETARY TRANSITION PROVISIONS
SECTION 14.30.(ppp) The Office of State Budget and Management shall ensure that future budget documents show the Department of Natural and Cultural Resources, as renamed and reorganized by this section, in the Natural and Economic Resources section of the budget.
SECTION 14.30.(qqq) The Department of Natural and Cultural Resources shall transfer to the Department of Environmental Quality any funds necessary to cover outstanding liabilities of the attractions, divisions, or entities transferred by this section that come due to the Department of Environmental Quality on or after August 1, 2016.
SECTION 14.30.(rrr) The Department of Environmental Quality shall transfer to the Department of Natural and Cultural Resources any funds remaining after covering outstanding liabilities of the attractions, divisions, or entities transferred by this section.
REPORTING AND EFFECTIVE DATE
SECTION 14.30.(sss) The Office of State Budget and Management, in consultation with the Department of Environment and Natural Resources and the Department of Cultural Resources, shall make the following reports on progress implementing this section to the Environmental Review Commission, the Senate and the House of Representatives appropriations committees with jurisdiction over natural and cultural resources, and the Fiscal Research Division:
(1) An interim report on or before October 1, 2015.
(2) A final report on or before January 15, 2016.
These reports shall include (i) the proposed new organization structure, including proposed movement of positions or funds between fund codes, and (ii) information about any reclassifications of positions or reductions in force pursuant to subsection (ooo) of this section, and may include any recommendations for changes to the statutes revised or recodified by this section.
SECTION 14.30.(ttt) Other than subsection (sss) of this section, this section becomes effective August 1, 2015. Any references in this act to any program, office, section, division, council, or committee transferred under this section shall be construed to be consistent with the transfers under this section.
Study Further Efficiencies in Organization of Department of natural AND Cultural Resources and Department of Environmental Quality
SECTION 14.31.(a) The Department of Cultural Resources, in consultation with the Department of Environment and Natural Resources and the Wildlife Resources Commission, shall study and report on the potential for efficiency, cost savings, and alignment of core mission and values that would be created from the transfer of the following agencies, divisions, or programs to the reorganized Department of Natural and Cultural Resources created by Section 14.30 of this act:
(1) Albemarle‑Pamlico National Estuary Partnership.
(2) Coastal Reserves Program.
(3) Office of Land and Water Stewardship.
(4) All or a portion of the Office of Environmental Education and Public Affairs.
(5) Division of Marine Fisheries.
(6) Wildlife Resources Commission.
SECTION 14.31.(b) The Department shall report as required by subsection (a) of this section no later than April 1, 2016, to the chairs of the Senate Appropriations Committee on Natural and Economic Resources, the chairs of the House Appropriations Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division.
TECHNICAL CORRECTION RELATING TO ROANOKE ISLAND COMMISSION LEGAL COUNSEL
SECTION 14.33. G.S. 143B‑131.7 is repealed.
PART XV. DEPARTMENT OF COMMERCE
EDPNC STATE BUDGET ACT EXEMPTION
SECTION 15.1. G.S. 143B‑431.01(b) reads as rewritten:
"(b) Contract. – The Department of Commerce is
authorized to contract with a North Carolina nonprofit corporation to perform
one or more of the Department's functions, powers, duties, and obligations set
forth in G.S. 143B‑431, except as provided in this subsection. The
contract entered into pursuant to this section between the Department and the
Economic Development Partnership of North Carolina is exempt from Articles 3
and 3C of Chapter 143 of the General Statutes. Statutes and G.S. 143C‑6‑23.
If the Department contracts with a North Carolina nonprofit corporation to
promote and grow the travel and tourism industries, then all funds appropriated
to the Department for tourism marketing purposes shall be used for a research‑based,
comprehensive marketing program directed toward consumers in key markets most
likely to travel to North Carolina and not for ancillary activities, such as
statewide branding and business development marketing. The Department may not
contract with a North Carolina nonprofit corporation regarding any of the
following:
(1) The obligation or commitment of funds under this Article, such as the One North Carolina Fund, the Job Development Investment Grant Program, the Industrial Development Fund, or the Job Maintenance and Capital Development Fund.
(2) The Division of Employment Security, including the administration of unemployment insurance.
(3) The functions set forth in G.S. 143B‑431(a)(2).
(4) The administration of funds or grants received from the federal government or its agencies."
COMMERCE STUDY TIME SPENT ADMINISTERING PROGRAMS SUPPORTED BY FEDERAL FUNDS
SECTION 15.3.(a) The Department of Commerce shall study the amount of time all persons in General Fund‑supported positions spend performing duties related to the operation and administration of programs that receive federal funds, including the Division of Employment Security and the Division of Workforce Solutions, to determine whether some or all of the costs related to the performance of these duties should be supported by federal indirect cost receipts and, therefore, should be paid for with federal funds instead of General Fund appropriations.
SECTION 15.3.(b) No later than March 1, 2016, the Department of Commerce shall report the findings of the study required under subsection (a) of this section to the chairs of the House of Representatives Appropriations Committee on Agriculture and Natural and Economic Resources, the Senate Appropriations Committee on Natural and Economic Resources, and the Fiscal Research Division.
DEPARTMENT OF COMMERCE/CONFORMING STATUTORY CHANGES
SECTION 15.4.(a) G.S. 20‑81.12 reads as rewritten:
"§ 20‑81.12. Collegiate insignia plates and certain other special plates.
…
(b124) Travel and Tourism. – The Division must receive 300
or more applications for the "Travel and Tourism" plate before the
plate may be developed. The Division shall transfer quarterly the money in the
Collegiate and Cultural Attraction Plate Account derived from the sale of "Travel
and Tourism" plates to the Division of Tourism, Film, and Sports
DevelopmentDepartment of Commerce to be used for programs in support
of travel and tourism in North Carolina.
…."
SECTION 15.4.(b) G.S. 143B‑434.2 reads as rewritten:
"§ 143B‑434.2. Travel and Tourism Policy Act.
…
(d) The Department of Commerce, and the Division of
Tourism, Film, and Sports Development within that Department,nonprofit
corporation with whom the Department contracts pursuant to G.S. 143B‑431.01(b)
to promote and market tourism, shall implement the policies set forth in
this section. The Division of Tourism, Film, and Sports Developmentnonprofit
corporation shall make an annual report to the General Assembly regarding
the status of the travel and tourism industry in North Carolina; the report
shall be submitted to the General Assembly by October 15 of each year beginning
October 15, 2011.October 15, 2015. The duties and
responsibilities of the Department of Commerce through the Division of
Tourism, Film, and Sports Development nonprofit corporation shall be
to:
(1) Organize and coordinate programs designed to promote tourism within the State and to the State from other states and foreign countries.
(2) Measure and forecast tourist volume, receipts, and impact, both social and economic.
(3) Develop a comprehensive plan to promote tourism to the State.
(4) Encourage the development of the State's tourism infrastructure, facilities, services, and attractions.
(5) Cooperate with neighboring states and the federal government to promote tourism to the State from other countries.
(6) Develop opportunities for professional education and training in the tourism industry.
(7) Provide advice and technical assistance to local public and private tourism organizations in promoting tourism to the State.
(8) Encourage cooperation between State agencies and private individuals and organizations to advance the State's tourist interests and seek the views of these agencies and the private sector in the development of State tourism programs and policies.
(9) Give leadership to all concerned with tourism in the State.
(10) Perform other functions necessary to the orderly growth and development of tourism.
(11) Develop informational materials for visitors which, among other things, shall:
a. Describe the State's travel and tourism resources and the State's history, economy, political institutions, cultural resources, outdoor recreational facilities, and principal festivals.
b. Urge visitors to protect endangered species, natural resources, archaeological artifacts, and cultural treasures.
c. Instill the ethic of stewardship of the State's natural resources.
(12) Foster an understanding among State residents and civil servants of the economic importance of hospitality and tourism to the State.
(13) Work with local businesses, including banks and hotels, with educational institutions, and with the United States Travel and Tourism Administration, to provide special services for international visitors, such as currency exchange facilities.
(14) Encourage the reduction of architectural and other barriers which impede travel by physically handicapped persons."
SECTION 15.4.(c) G.S. 143B‑472.35 reads as rewritten:
"§ 143B‑472.35. Establishment of fund; use of funds; application for grants; disbursal; repayment; inspections; rules; reports.
…
(a2) Definitions. – For purposes of this section, the following definitions shall apply:
…
(9) Main Street Center. – The agency within the North
Carolina Department of Commerce, Office of Urban Development,Commerce
which receives applications and makes decisions with respect to Main Street
Solutions Fund grant applications from eligible local governments.
…."
SECTION 15.4.(d) The Department of Commerce shall, in accordance with Article 2A of Chapter 150B of the General Statutes, amend its rules to reflect the division name changes provided for in this section.
NER BLOCK GRANTS/2016 AND 2017 PROGRAM YEARS
SECTION 15.5.(a) Appropriations from federal block grant funds are made for the fiscal years ending June 30, 2016, and June 30, 2017, according to the following schedule:
COMMUNITY DEVELOPMENT BLOCK GRANT
01. State Administration $ 1,037,500
02. Economic Development 15,737,500
03. Infrastructure 26,725,000
TOTAL COMMUNITY DEVELOPMENT
BLOCK GRANT – 2016 Program Year $ 43,500,000
2017 Program Year $ 43,500,000
SECTION 15.5.(b) Decreases in Federal Fund Availability. – If federal funds are reduced below the amounts specified in this section after the effective date of this act, then every program in each of these federal block grants shall be reduced by the same percentage as the reduction in federal funds.
SECTION 15.5.(c) Increases in Federal Fund Availability. – Any block grant funds appropriated by the Congress of the United States in addition to the funds specified in this section shall be expended as follows: each program category under the Community Development Block Grant shall be increased by the same percentage as the increase in federal funds.
SECTION 15.5.(d) Limitations on Community Development Block Grant Funds. – Of the funds appropriated in this section for the Community Development Block Grant, the following shall be allocated in each category for each program year: up to one million thirty‑seven thousand five hundred dollars ($1,037,500) may be used for State Administration; up to fifteen million seven hundred thirty‑seven thousand five hundred dollars ($15,737,500) may be used for Economic Development; and up to twenty‑six million seven hundred twenty‑five thousand dollars ($26,725,000) may be used for Infrastructure. If federal block grant funds are reduced or increased by the Congress of the United States after the effective date of this act, then these reductions or increases shall be allocated in accordance with subsection (b) or (c) of this section, as applicable.
SECTION 15.5.(e) The Department of Commerce shall consult with the Joint Legislative Commission on Governmental Operations prior to reallocating Community Development Block Grant Funds. Notwithstanding the provisions of this subsection, whenever the Director of the Budget finds that:
(1) A reallocation is required because of an emergency that poses an imminent threat to public health or public safety, the Director of the Budget may authorize the reallocation without consulting the Commission. The Department of Commerce shall report to the Commission on the reallocation no later than 30 days after it was authorized and shall identify in the report the emergency, the type of action taken, and how it was related to the emergency.
(2) The State will lose federal block grant funds or receive less federal block grant funds in the next fiscal year unless a reallocation is made, the Department of Commerce shall provide a written report to the Commission on the proposed reallocation and shall identify the reason that failure to take action will result in the loss of federal funds. If the Commission does not hear the issue within 30 days of receipt of the report, the Department may take the action without consulting the Commission.
SECTION 15.5.(f) By September 1, 2015, and September 1, 2016, the Department of Commerce shall report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division on the use of Community Development Block Grant Funds appropriated in the prior fiscal year. The report shall include the following:
(1) A discussion of each of the categories of funding and how the categories were selected, including information on how a determination was made that there was a statewide need in each of the categories.
(2) Information on the number of applications that were received in each category and the total dollar amount requested in each category.
(3) A list of grantees, including the grantee's name, county, category under which the grant was funded, the amount awarded, and a narrative description of the project.
SECTION 15.5.(g) For purposes of this section, eligible activities under the category of Infrastructure in subsection (a) of this section shall be defined as provided in the HUD State Administered Community Development Block Grant definition of the term "infrastructure". Notwithstanding the provisions of subsection (e) of this section, funds allocated to the Infrastructure category in subsection (a) of this section shall not be reallocated to any other category.
USE OF DEOBLIGATED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND SURPLUS FEDERAL ADMINISTRATIVE FUNDS
SECTION 15.6.(a) Throughout each year, deobligated funds arise in the various funding categories and program years of the Community Development Block Grant (CDBG) program as a result of (i) projects coming in under budget, (ii) projects being cancelled, or (iii) projects being required to repay funds. Surplus federal administrative funds in the CDBG program may vary from year‑to‑year based upon the amount of State‑appropriated funds allocated and the amount of eligible in‑kind funds identified.
SECTION 15.6.(b) To allow the Department of Commerce and the Department of Environment and Natural Resources to quickly deploy deobligated CDBG funds and surplus federal administrative funds as they are identified throughout the program year, the following shall apply to the use of deobligated CDBG funds and surplus federal administrative funds:
(1) The Department of Commerce may use the sum of five million nine hundred eight thousand four hundred ninety‑seven dollars ($5,908,497) in deobligated CDBG funds as follows:
a. Four million nine hundred eight thousand four hundred ninety‑seven dollars ($4,908,497) for:
1. Providing public services and public facilities. The category of public services includes providing substance abuse services and employment services, including job training for veterans in high unemployment areas in the State.
2. If House Bill 108, 2015 Regular Session, becomes law, providing up to one million dollars ($1,000,000) in the 2016‑2017 fiscal year to be used to fund a loan fund for site, infrastructure, and building development. Program income generated from awards made from the loan fund shall be captured in the existing CDBG revolving loan fund.
b. Five hundred thousand dollars ($500,000) for existing CDBG programs that encounter cost overruns.
c. Five hundred thousand dollars ($500,000) for providing training and guidance to local governments relative to the CDBG program, its management, and administration requirements.
(2) All deobligated CDBG funds remaining after the provisions of subdivision (1) of this subsection have been met and all surplus federal administrative funds shall be divided equally between the Department of Commerce and the Department of Environment and Natural Resources and shall be used as provided in subdivisions (3) and (4) of this subsection.
(3) The Department of Commerce may use the funds provided for in subdivision (2) of this subsection for the following:
a. To issue grants in the CDBG economic development program category.
b. For providing training and guidance to local governments relative to the CDBG program, its management, and administrative requirements.
(4) The Department of Environment and Natural Resources may use the funds provided for in subdivision (2) of this subsection to issue grants in the CDBG infrastructure program category.
RURAL INFRASTRUCTURE AUTHORITY/ECONOMIC DEVELOPMENT GRANTS & LOANS
SECTION 15.6A. G.S. 143B‑472.127 reads as rewritten:
"§ 143B‑472.127. Programs administered.
(a) The Rural Economic Development Division shall be
responsible for administering the program whereby economic development grants
or loans are awarded by the Rural Infrastructure Authority as provided in G.S. 143B‑472.128
to local government units. The Rural Infrastructure Authority shall, in
awarding economic development grants or loans under the provisions of this
subsection, give priority to (i) local government units of the counties
that have one of the 80 highest rankings under G.S. 143B‑437.08
after the adjustment of that section. section and (ii) local
government units located in a rural census tract in a development tier three
area. For purposes of this section, the term "rural census tract" means
a census tract having a population density of less than 500 people per square
mile according to the most recent decennial federal census. The development
tier designation of a county shall be determined as provided in G.S. 143B‑437.08.
The funds available for grants or loans under this program may be used as
follows:
(1) To construct critical water and wastewater facilities or to provide other infrastructure needs, including, but not limited to, natural gas, broadband, and rail to sites where these facilities will generate private job‑creating investment. The grants under this subdivision shall not be subject to the provisions of G.S. 143‑355.4.
(2) To provide matching grants or loans to local
government units located in either (i) a development tier one or tier two
area or (ii) a rural census tract in a development tier three area that
will productively reuse or demolish buildings and properties or construct or
expand rural health care facilities, with priority given to towns or
communities with populations of less than 5,000. The development tier
designation of a county shall be determined as provided in G.S. 143B‑437.08.
For purposes of this section, the term "rural census tract" means a
census tract having a population density of less than 500 people per square
mile according to the most recent decennial federal census.
…."
FUNDS TO CERTAIN COUNTIES FOR APPALACHIAN REGIONAL COMMISSION MATCH
SECTION 15.8.(a) Of the funds appropriated in this act to the Department of Commerce for the Rural Grant Program Expansion for the 2015‑2016 fiscal year, the sum of two hundred fifty‑three thousand nine hundred fifty‑six dollars ($253,956) in nonrecurring funds shall be allocated to the following counties to be used for the Appalachian Regional Commission match requirement:
(1) Cherokee $63,606
(2) Graham 103,450
(3) Rutherford 43,450
(4) Swain 43,450.
SECTION 15.8.(b) The match funds provided for in subsection (a) of this section shall be used for infrastructure projects only.
Main Street Solutions Fund Allocation
SECTION 15.8A.(a) Of the funds appropriated by this act to the Department of Commerce for the Main Street Solutions Fund for the 2015‑2016 fiscal year, the Department shall allocate one million dollars ($1,000,000) in nonrecurring funds for the 2015‑2016 fiscal year for a downtown revitalization project that will stimulate economic growth along the main street corridor of a municipality meeting all of the following:
(1) The municipality had a population, as of July 2013, of not fewer than 105,000 and not in excess of 110,000.
(2) The municipality is located, in whole or in part, in a county that moved from a development tier three area status to development tier two area status in the annual ranking performed by the Department of Commerce pursuant to G.S. 143B‑437.08 for the 2015 calendar year.
(3) The municipality provides no less than one dollar forty‑three cents ($1.43) for every one dollar ($1.00) allocated from the Fund.
SECTION 15.8A.(b) Of the funds appropriated in this act to the Department of Commerce for the Main Street Solutions Fund for the 2015‑2016 fiscal year, the Department shall allocate one hundred thousand dollars ($100,000) in nonrecurring funds for the 2015‑2016 fiscal year to Renaissance West Community Initiative to provide quality housing, education, health, wellness, and opportunity.
WANCHESE MARINE INDUSTRIAL PARK
SECTION 15.8B.(a) The Department of Commerce shall transfer the cash balance remaining in fund code 14600‑1561 on June 30, 2015, to an enterprise fund created for the North Carolina Marine Industrial Park. Thereafter, the enterprise fund shall be used for the operations, maintenance, repair, and capital improvements of the Wanchese Marine Industrial Park.
SECTION 15.8B.(b) This section becomes effective June 30, 2015.
MODIFY ECONOMIC DEVELOPMENT GRANT REPORT
SECTION 15.10.(a) G.S. 143B‑437.07 reads as rewritten:
"§ 143B‑437.07. Economic development grant reporting.
(a) Report. – The Department of Commerce must publish
on or before October 1 of each year the information required by this
subsection, itemized by business entity, for each business or joint private
venture to which the State has, in whole or in part, granted one or more
economic development incentives during the previous fiscal year.relevant
time period. The relevant time period ends June 30 preceding the publication
date of this subsection and begins (i) for incentives not awarded under Part 2G
of this Article with the 2007 calendar year and (ii) for incentives awarded
under Part 2G of this Article with the 2002 calendar year. The information
in the report must include all of the following:
…
(3) The name, mailing address, telephone number, and Web site of the business recipient, or recipients if a joint venture, and the physical location of the site receiving the incentive. If the physical location of the site is undecided, then the name of the county in which the site will be located. The information regarding the physical location must indicate whether the physical location is a new or expanded facility.
(3a) A determination of whether the award is to a business that is new to the State or an expansion of an existing business within the State.
…."
SECTION 15.10.(b) This section is effective for reports published for fiscal years beginning on or after July 1, 2015.
WORKFORCE DEVELOPMENT BOARDS/CHANGES TO CONFORM WITH FEDERAL LAW
SECTION 15.11.(a) G.S. 143B‑438.10 reads as rewritten:
"§ 143B‑438.10.
Commission on Workforce Development.NCWorks Commission.
(a) Creation and Duties. – There is created within the
Department of Commerce the North Carolina Commission on Workforce
Development. NCWorks Commission (hereinafter "Commission"). The
Commission shall have the following powers and duties:
…
(9) To serve as the State's Workforce Investment Board
for purposes of the federal Workforce Investment Act of 1998.Workforce
Innovation and Opportunity Act.
…
(13) To develop performance accountability measures for local workforce development boards consistent with the requirements of section 116 of the Workforce Innovation and Opportunity Act and to recommend to the Governor sanctions against local workforce development boards that fail to meet the performance accountability measures.
(14) To develop fiscal control and fund accounting procedures for local workforce development boards consistent with the requirements of section 184 of the Workforce Innovation and Opportunity Act and to recommend to the Governor sanctions against local workforce development boards that fail to meet the fiscal control and fund accounting procedures.
(b) Membership; Terms. – Effective January 1, 2013,
the Membership. – The Commission on Workforce Development shall
consist of 25 33 members appointed as follows:
(1) By virtue of their offices, the following department
and agency heads or their respective designees persons, or their
designees, shall serve on the Commission: the
a. The Governor.
b. The Secretary of the Department of Administration,
the Administration.
c. The Secretary of the Department of Commerce.
d. The Secretary of the Department of
Health and Human Services, the Services.
e. The Superintendent of Public Instruction,
the Instruction.
f. The President of the Community
Colleges System Office, the Commissioner of the Department of Labor, and the
Secretary of the Department of Commerce.Office.
g. The President of The University of North Carolina system.
(2) The Pursuant to the provisions of section
101 of the Workforce Innovation and Opportunity Act, the Governor shall
appoint 19 26 members as follows:
a. Two Seventeen members representing public,
postsecondary, and vocational education.business and industry in the
State.
b. One member Seven members representing
community‑based organizations.the workforce in the State.
c. Three members representing labor.One
member representing local elected city officials in the State.
d. Thirteen members representing business and
industry.One member representing local elected county officials in the
State.
(3) The terms of the members appointed by the
Governor shall be for four years.
(b1) Terms. – The persons listed in subdivision (1) of subsection (b) of this section shall serve on the Commission while they hold their respective offices. The terms of the members appointed by the Governor pursuant to subdivision (2) of subsection (b) of this section shall be for four years, except as provided in this subsection. The terms shall be staggered and shall begin on August 1 and expire on July 31. Upon the expiration of the term of each member in subdivision (2) of subsection (b) of this section, the Governor shall fill the vacancy by reappointing the member or appointing another person of like qualification to serve a four‑year term. If a vacancy occurs for any reason other than the expiration of the member's term, the Governor shall appoint a person of like qualification to serve for the remainder of the unexpired term.
In order to provide for staggered terms, six persons appointed to the positions designated in sub‑subdivision a. of subdivision (2) of subsection (b) of this section and three persons appointed to the positions designated in sub‑subdivision b. of subdivision (2) of subsection (b) of this section shall be appointed for initial terms ending on July 31, 2019. Five persons appointed to the positions designated in sub‑subdivision a. of subdivision (2) of subsection (b) of this section, two persons appointed to the positions designated in sub‑subdivision b. of subdivision (2) of subsection (b) of this section, and one person appointed to the position designated in sub‑subdivision c. of subdivision (2) of subsection (b) of this section shall be appointed for initial terms ending on July 31, 2017. Six persons appointed to the positions designated in sub‑subdivision a. of subdivision (2) of subsection (b) of this section, two persons appointed to the positions designated in sub‑subdivision b. of subdivision (2) of subsection (b) of this section, and one person appointed to the position designated in sub‑subdivision d. of subdivision (2) of subsection (b) of this section shall be appointed for initial terms ending on July 31, 2016.
…."
SECTION 15.11.(b) The terms of office of the Commissioner of the Department of Labor and the 19 public members appointed by the Governor and currently serving on the North Carolina Commission on Workforce Development shall expire on July 31, 2015.
SECTION 15.11.(c) G.S. 143B‑438.11 reads as rewritten:
"§ 143B‑438.11. Local Workforce Development Boards.
(a) Duties. – Local Workforce Development Boards shall have the following powers and duties:
…
(7) To serve as the Workforce Investment Board for the
designated substate area for the purpose of the federal Workforce Investment
Act of 1998.Innovation and Opportunity Act.
(7a) To designate through a competitive selection
process, by no later than July 1, 2014, the providers of adult and dislocated
worker services authorized in the Workforce Investment Act of 1998.Innovation
and Opportunity Act.
(8) To provide the appropriate guidance and information
to Workforce Investment Innovation and Opportunity Act consumers
to ensure that they are prepared and positioned to make informed choices in
selecting a training provider. Each local Workforce Development Board shall
ensure that consumer choice is properly maintained in the one‑stop
centers and that consumers are provided the full array of public and private
training provider information.
…
(10) To comply with the performance accountability measures established by the NCWorks Commission pursuant to section 116 of the Workforce Innovation and Opportunity Act.
(11) To comply with the fiscal control and fund accounting procedures established by the NCWorks Commission pursuant to Section 184 of the Workforce Innovation and Opportunity Act.
(b) Members. – Members of local Workforce Development
Boards shall be appointed by local elected officials in accordance with
criteria established by the Governor and with provisions of the federal
Workforce Investment Innovation and Opportunity Act. The local
Workforce Development Boards shall have a majority of business members and
shall also include representation of workforce and education providers, labor
organizations, community‑based organizations, and economic development
boards as determined by local elected officials. The Chairs of the local
Workforce Development Boards shall be selected from among the business members.
(c) Assistance. – The North Carolina Commission on
Workforce Development NCWorks Commission and the Department of
Commerce shall provide programmatic, technical, and other assistance to any
local Workforce Development Board that realigns its service area with the
boundaries of a local regional council of governments established pursuant to G.S. 160A‑470."
SECTION 15.11.(d) G.S. 96‑32 reads as rewritten:
"§ 96‑32. Common follow‑up information management system created.
…
(d) The LEAD shall do the following:
(1) Collaborate with the Commission on Workforce
Development NCWorks Commission to develop common performance
measures across workforce programs in the Department of Commerce, the
Department of Health and Human Services, the Community Colleges System Office,
the Department of Administration, and the Department of Public Instruction that
can be tracked through the CFS in order to assess and report on workforce
development program performance.
…."
SECTION 15.11.(e) G.S. 143B‑157 reads as rewritten:
"§ 143B‑157. Commission for the Blind – creation, powers and duties.
There is recreated the Commission for the Blind of the Department of Health and Human Services with the power and duty to adopt rules governing the conduct of the State's rehabilitative programs for the blind that are necessary to carry out the provisions and purposes of this Article.
…
(3e) The Commission shall coordinate with other councils
within the State, including the statewide Independent Living Council
established under section 705 of the federal Rehabilitation Act, 29 U.S.C. §
720, et seq., the advisory panel established under section 612(a)(21) of the
Individuals with Disabilities Education Act, 20 U.S.C. § 1413(A)(12), the
Council on Developmental Disabilities described in section 124 of the
Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 6024,
the State Mental Health Planning Council established pursuant to section
1916(e) of the Public Health Service Act, 42 U.S.C. § 300x‑4(e), and the Commission
on Workforce Development;NCWorks Commission;
…."
SECTION 15.11.(f) G.S. 143B‑158 reads as rewritten:
"§ 143B‑158. Commission for the Blind.
(a) The Commission for the Blind of the Department of Health and Human Services shall consist of 19 members as follows:
…
(12) One representative of the Commission on Workforce
Development.NCWorks Commission.
…."
SECTION 15.11.(g) G.S. 143B‑438.12 reads as rewritten:
"§ 143B‑438.12. Federal Program Administration.
(a) Federal Workforce Investment Innovation
and Opportunity Act. – In accordance with the federal Workforce Investment
Innovation and Opportunity Act, the Commission on Workforce
Development NCWorks Commission shall develop a Five‑Year
Strategic Plan Four‑Year Unified State Plan to be submitted to
the U.S. Secretary of Labor. The Strategic Plan Unified State Plan shall
describe the workforce development activities to be undertaken in the State
to implement the federal Workforce Investment Act and how special populations
shall be served.State's strategic vision and goals for preparing an
educated and skilled workforce as required in section 102 of the federal Workforce
Innovation and Opportunity Act.
(b) Other Workforce Grant Applications. – The Commission
on Workforce Development NCWorks Commission may submit grant
applications for workforce development initiatives and may manage the
initiatives and demonstration projects."
SECTION 15.11.(h) G.S. 143B‑438.13 reads as rewritten:
"§ 143B‑438.13. Employment and Training Grant Program.
(a) Employment and Training Grant Program. – There is
established in the Department of Commerce, Division of Employment and
Training, Workforce Solutions, an Employment and Training Grant
Program. Grant funds shall be allocated to local Workforce Development Boards
for the purposes of enabling recipient agencies to implement local employment
and training programs in accordance with existing resources, local needs, local
goals, and selected training occupations. The State program of workforce
performance standards shall be used to measure grant program outcomes.
(b) Use of Grant Funds. – Local agencies may use funds
received under this section for the purpose of providing services, such as
training, education, placement, and supportive services. Local agencies may use
grant funds to provide services only to individuals who are (i) 18 years of age
or older and meet the federal Workforce Investment Innovation and
Opportunity Act, title I adult eligibility definitions, or meet the federal
Workforce Investment Innovation and Opportunity Act, title I
dislocated worker eligibility definitions, or (ii) incumbent workers with
annual family incomes at or below two hundred percent (200%) of poverty
guidelines established by the federal Department of Health and Human Services.
(c) Allocation of Grants. – The Department of Commerce
may reserve and allocate up to ten percent (10%) of the funds available to the
Employment and Training Grant Program for State and local administrative costs
to implement the Program. The Division of Employment and Training Workforce
Solutions shall allocate employment and training grant funds to local
Workforce Development Boards serving federal Workforce Investment Innovation
and Opportunity Act local workforce investment development areas
based on the following formula:
(1) One‑half of the funds shall be allocated on
the basis of the relative share of the local workforce investment development
area's share of federal Workforce Investment Innovation and
Opportunity Act, title I adult funds as compared to the total of all local
areas adult shares under the federal Workforce Investment Innovation
and Opportunity Act, title I.
(2) One‑half of the funds shall be allocated on
the basis of the relative share of the local workforce investment development
area's share of federal Workforce Investment Innovation and
Opportunity Act, title I dislocated worker funds as compared to the total
of all local areas dislocated worker shares under the federal Workforce Investment
Innovation and Opportunity Act, title I.
(3) Local workforce investment development area
adult and dislocated shares shall be calculated using the current year's
allocations to local areas under the federal Workforce Investment Innovation
and Opportunity Act, title I.
(d) Repealed by Session Laws 2009‑451, s. 14.5(d), effective July 1, 2009.
(e) Nonreverting Funds. – Funds appropriated to the Department of Commerce for the Employment and Training Grant Program that are not expended at the end of the fiscal year shall not revert to the General Fund, but shall remain available to the Department for the purposes established in this section."
SECTION 15.11.(i) G.S. 143B‑438.14 reads as rewritten:
"§ 143B‑438.14. "No Adult Left Behind" Initiative.
(a) The Commission on Workforce Development, NCWorks
Commission, acting as the lead agency, with the cooperation of other
participating agencies, including the Department of Labor, the Department of
Commerce, the Employment Security Commission, the North Carolina Community
College System, The University of North Carolina, and the North Carolina
Independent Colleges and Universities shall initiate the "No Adult Left
Behind" Initiative (Initiative) geared toward achievement of major
statewide workforce development goals. The Initiative may also include
community‑based nonprofit organizations that provide services or
assistance in the areas of worker training, workforce development, and
transitioning North Carolinians between industries in the current global labor
market.
(b) The first goal of the Initiative is to increase
dramatically to forty percent (40%) the percentage of North Carolinians who
earn associate degrees, other two‑year educational credentials, and
baccalaureate degrees. Specific fields of study may be selected for the most
intense efforts. The Commission on Workforce Development NCWorks
Commission shall, as the lead agency along with the North Carolina
Community College System and The University of North Carolina as key
cooperating institutions, do all of the following:
…
(c) The Commission on Workforce Development NCWorks
Commission and the other lead participating institutions may enter into
contracts with other qualified organizations, especially community‑based
nonprofits, to carry out components of the Initiative set forth in subsection
(b) of this section.
(d) The Commission on Workforce Development NCWorks
Commission shall submit to the Governor and to the General Assembly by May
1, 2012, and annually thereafter, details of its implementation of this section
that shall include at least the following:
…."
SECTION 15.11.(j) The Revisor of Statutes may conform names and titles changed by this section, and may correct statutory references as required by this section, throughout the General Statutes. In making the changes authorized by this section, the Revisor may also adjust subject and verb agreement and the placement of conjunctions.
REPEAL STATUTES AUTHORIZING TRADE JOBS FOR SUCCESS/INITIATIVE ENDED JUNE 30, 2013
SECTION 15.12. Part 3C of Article 10 of Chapter 143B of the General Statutes is repealed.
SECTION 15.13. G.S. 94‑12 is repealed.
INDUSTRIAL COMMISSION STUDY IMPLEMENTING DRUG FORMULARY IN WORKERS' COMPENSATION CLAIMS
SECTION 15.13A.(a) The Industrial Commission shall study the implementation of a drug formulary in workers' compensation claims filed by State employees. The study shall consider (i) the pharmacy‑related expenses incurred by the State on an annual basis in workers' compensation claims; (ii) the savings, if any, that would result from the use of a drug formulary in workers' compensation claims; (iii) whether the use of a drug formulary would result in the more efficient delivery of medications, provide workers with reasonable and necessary care, and provide a disincentive for health care providers to utilize costly name brand drugs and habit‑forming opioids and narcotics; and (iv) the adoption of an appeals process that would allow health care providers and injured workers to seek approval for the use of drugs that are not on the formulary's approved list. The Industrial Commission may consider any other issues relevant to the implementation of a drug formulary in workers' compensation claims.
SECTION 15.13A.(b) By April 1, 2016, the Industrial Commission shall report its findings, including any recommendations on the implementation of a drug formulary in workers' compensation claims filed by State employees, to the chairs of the House of Representatives Health Committee and the Senate Health Care Committee and the Fiscal Research Division.
INDUSTRIAL COMMISSION/REIMBURSEMENT FOR PRESCRIPTION DRUGS AND PROFESSIONAL PHARMACEUTICAL SERVICES
SECTION 15.13B.(a) G.S. 97‑26.2 reads as rewritten:
"§ 97‑26.2.
Reimbursement for prescription drugs drugs, prescribed over‑the‑counter
drugs, and professional pharmaceutical services.
(a) The reimbursement amount for prescription drugs
drugs, prescribed over‑the‑counter drugs, and
professional pharmaceutical services shall be limited to the lesser of ninety‑five
percent (95%) of the average wholesale price (AWP) of the product, calculated
on a per unit basis, as of the date of dispensing.dispensing or the
reimbursement amount provided for in an agreement between the dispensing health
care provider and the payor employer or workers' compensation insurance
carrier.
(b) All of the following shall apply to the reimbursement for prescription drugs and professional pharmaceutical services:
(1) A health care provider seeking reimbursement for drugs
dispensed by a physician health care provider‑dispensed
prescription drugs, prescribed over‑the‑counter drugs, and
pharmaceutical services shall include the original manufacturer's National
Drug Code (NDC) number, as assigned by the United States Food and Drug
Administration, on the bills and reports required by this section.any
billing documents or invoices issued.
(2) In no event may a physician health care
provider receive reimbursement in excess of ninety‑five percent (95%)
of the AWP of the drugs dispensed by a physician,health care
provider, as determined by reference to the original manufacturer's NDC
number.
(3) A repackaged NDC number may not be individually used
on any billing documents or invoices issued, and will not be considered
the original manufacturer's NDC number. A repackaged NDC number may only
appear in conjunction with the manufacturer's NDC number. If a health care
provider seeking reimbursement for drugs dispensed by a physician health
care provider does not include the original manufacturer's NDC number on the
bills and reports required by this section,any billing documents or
invoices issued, reimbursement shall be limited to one hundred percent
(100%) of the AWP of the least expensive clinically equivalent drug, calculated
on a per unit basis.
(4) No outpatient health care provider, other
than a licensed pharmacy, may receive reimbursement for a Schedule II
controlled substance, as defined in G.S. 90‑90, or a Schedule
III controlled substance, as defined in G.S. 90‑91, a Schedule IV
controlled substance, as defined in G.S. 90‑92, or a Schedule V
controlled substance, as defined in G.S. 90‑93, dispensed in
excess of an initial five‑day supply, commencing upon the employee's
initial treatment following injury. Reimbursement under this subdivision shall
be made for the five‑day supply at the rates provided in this section.
(5) For purposes of this section, the term "clinically equivalent" means a drug has chemical equivalents which, when administered in the same amounts, will provide essentially the same therapeutic effect as measured by the control of a symptom or disease."
SECTION 15.13B.(b) This section becomes effective September 1, 2015.
INDUSTRIAL COMMISSION/USE OF IT FUNDS
SECTION 15.14. In each year of the 2015‑2017 fiscal biennium, the Industrial Commission, in consultation with the State Chief Information Officer, may use available funds in Budget Code 24611 (Fund 2200) to maintain its Consolidated Case Management System, including, but not limited to, covering the costs of related service contracts and information technology personnel.
UTILITIES COMMISSION/PUBLIC STAFF REALIGN CERTIFIED BUDGET WITH ANTICIPATED AGENCY REQUIREMENTS
SECTION 15.15.(a) No later than November 1, 2015, the Utilities Commission and Public Staff, in conjunction with the Department of Commerce and the Office of State Budget and Management, shall realign the certified budget for the following funds for each year of the 2015‑2017 fiscal biennium to reflect the anticipated spending requirements for the Utilities Commission and Public Staff for each year of the 2015‑2017 biennium:
Budget Code Fund Description
54600 5211 Utilities – Commission Staff
54600 5217 Utilities – Gas Pipelines
54600 5218 PUC Capacity Grant – ARRA
54600 5221 Utilities – Public Staff
64605 6431 Utility and Public Staff.
SECTION 15.15.(b) In realigning the certified budget for the funds described in subsection (a) of this section, the Utilities Commission and Public Staff shall prioritize eliminating unnecessary vacant positions and making line‑item modifications that reflect anticipated agency requirements. The Utilities Commission and Public Staff shall not expend any funds unless they are appropriated in this act for fiscal year 2015‑2016 and fiscal year 2016‑2017.
SET REGULATORY FEE FOR UTILITIES COMMISSION
SECTION 15.16.(a) G.S. 62‑302(a) reads as rewritten:
"(a) Fee Imposed. – It is the policy of the State
of North Carolina to provide fair regulation of public utilities in the
interest of the public, as provided in G.S. 62‑2. The cost of
regulating public utilities is a burden incident to the privilege of operating
as a public utility. Therefore, for the purpose of defraying the cost of
regulating public utilities, every public utility subject to the jurisdiction
of the Commission shall pay a quarterly regulatory fee, in addition to all
other fees and taxes, as provided in this section. The fees collected shall be
used only to pay the expenses of the Commission and the Public Staff in
regulating public utilities in the interest of the public.public and
to maintain a reasonable margin for a reserve fund. The amount of the reserve
may not exceed one‑half of the cost of operating the Commission and the
Public Staff as reflected in the certified budget for the previous fiscal year.
It is also the policy of the State to provide limited oversight of certain electric membership corporations as provided in G.S. 62‑53. Therefore, for the purpose of defraying the cost of providing the oversight authorized by G.S. 62‑53 and G.S. 117‑18.1, each fiscal year each electric membership corporation whose principal purpose is to furnish or cause to be furnished bulk electric supplies at wholesale as provided in G.S. 117‑16 shall pay an annual fee as provided in this section."
SECTION 15.16.(b) Subdivisions 14.19(e1)(4), (5), (6), and (10) of S.L. 2009‑451 are repealed.
SECTION 15.16.(c) G.S. 62‑302, as amended by subsection (a) of this section, reads as rewritten:
"(a) Fee Imposed. – It is the policy of the State of North Carolina to provide fair regulation of public utilities in the interest of the public, as provided in G.S. 62‑2. The cost of regulating public utilities is a burden incident to the privilege of operating as a public utility. Therefore, for the purpose of defraying the cost of regulating public utilities, every public utility subject to the jurisdiction of the Commission shall pay a quarterly regulatory fee, in addition to all other fees and taxes, as provided in this section. The fees collected shall be used only to pay the expenses of the Commission and the Public Staff in regulating public utilities in the interest of the public and to maintain a reasonable margin for a reserve fund. The amount of the reserve may not exceed one‑half of the cost of operating the Commission and the Public Staff as reflected in the certified budget for the previous fiscal year.
It is also the policy of the State to provide limited oversight of certain electric membership corporations as provided in G.S. 62‑53. Therefore, for the purpose of defraying the cost of providing the oversight authorized by G.S. 62‑53 and G.S. 117‑18.1, each fiscal year each electric membership corporation whose principal purpose is to furnish or cause to be furnished bulk electric supplies at wholesale as provided in G.S. 117‑16 shall pay an annual fee as provided in this section.
(b) Public Utility Rate. –
(1) Repealed by Session Laws 2000‑140, s. 56, effective July 21, 2000.
(2) Unless adjusted under subdivision (3) of this subsection, the public utility fee is a percentage of a utility's jurisdictional revenues as follows:
Noncompetitive jurisdictional revenues 0.148%
Subsection (h) competitive jurisdictional revenues 0.06%
Subsection (m) competitive jurisdictional revenues 0.05%
For noncompetitive jurisdictional revenues as defined in
sub‑subdivision (4)a. of this subsection, the public utility regulatory
fee for each fiscal year is the greater of (i) a percentage rate, established
by the General Assembly, of each public utility's noncompetitive jurisdictional
revenues for each quarter or (ii) six dollars and twenty‑five cents
($6.25) each quarter. For subsection (h) competitive jurisdictional
revenues as defined in sub‑subdivision (4)b. of this subsection, and
subsection (m) competitive jurisdictional revenues as defined in sub‑subdivision
(4)c. of this subsection, the public utility regulatory fee for each fiscal
year is a percentage rate established by the General Assembly of each public
utility's competitive jurisdictional revenues for each quarter.
When the Commission prepares its
budget request for the upcoming fiscal year, the Commission shall propose a percentage
rate of the public utility regulatory fee. For fiscal years beginning in an odd‑numbered
year, that proposed rate shall be included in the budget message the Governor
submits to the General Assembly pursuant to G.S. 143C‑3‑5. For
fiscal years beginning in an even‑numbered year, that proposed rate shall
be included in a special budget message the Governor shall submit to the
General Assembly. The General Assembly shall set the percentage rate of the
public utility regulatory fee by law.
The percentage rate may not
exceed the amount necessary to generate funds sufficient to defray the
estimated cost of the operations of the Commission and the Public Staff for the
upcoming fiscal year, including a reasonable margin for a reserve fund. The
amount of the reserve may not exceed the estimated cost of operating the
Commission and the Public Staff for the upcoming fiscal year. In calculating
the amount of the reserve, the General Assembly shall consider all relevant
factors that may affect the cost of operating the Commission or the Public
Staff or a possible unanticipated increase or decrease in North Carolina
jurisdictional revenues.
(3) In the first half of each calendar year, the
Commission shall review the estimated cost of operating the Commission and the
Public Staff for the next fiscal year, including a reasonable margin for the
reserve fund allowed under this section. In making this determination, the
Commission shall consider all relevant factors that may affect the cost of
operating the Commission or the Public Staff or a possible unanticipated change
in competitive and noncompetitive jurisdictional revenues. If the estimated
receipts provided for under this section are less than the estimated cost of
operating the Commission and the Public Staff for the next fiscal year,
including the reasonable margin for the reserve fund, then If the Commission,
the Public Staff, or both experience a revenue shortfall, the Commission shall
may implement a temporaryincrease the public utility
regulatory fee surcharge on noncompetitive jurisdictional revenues
effective for the next fiscal year.to avert the deficiency that would
otherwise occur. In no event may the total percentage rate of the
public utility regulatory fee on noncompetitive jurisdictional revenues plus
any surcharge established by the Commission exceed twenty‑five
hundredths percent (0.25%).seventeen and one‑half hundredths of
one percent (0.175%). If the estimated receipts provided for under this section
are more than the estimated cost of operating the Commission and the Public
Staff for the next fiscal year, including the reasonable margin for the reserve
fund, then the Commission shall decrease the public utility regulatory fee on
noncompetitive jurisdictional revenues effective for the next fiscal year.
(4) As used in this section:
a. "Noncompetitive jurisdictional revenues" means all revenues derived or realized from intrastate tariffs, rates, and charges approved or allowed by the Commission or collected pursuant to Commission order or rule, but not including tap‑on fees or any other form of contributions in aid of construction.
b. "Subsection (h) competitive jurisdictional revenues" means all revenues derived from retail services provided by local exchange companies and competing local providers that have elected to operate under G.S. 62‑133.5(h).
c. "Subsection (m) competitive jurisdictional revenues" means all revenues derived from retail services provided by local exchange companies and competing local providers that have elected to operate under G.S. 62‑133.5(m).
(b1) Electric Membership Corporation Rate. – The
electric membership corporation regulatory fee for each fiscal year shall be
a dollar amount as established by the General Assembly by law.is two
hundred thousand dollars ($200,000).
When the Commission prepares its budget request for the
upcoming fiscal year, the Commission shall propose the amount of the electric
membership corporation regulatory fee. For fiscal years beginning in an odd‑numbered
year, the proposed amount shall be included in the budget message the Governor
submits to the General Assembly pursuant to G.S. 143C‑3‑5. For
fiscal years beginning in an even‑numbered year, the proposed amount
shall be included in a special budget message the Governor shall submit to the
General Assembly.
The amount of the electric membership corporation
regulatory fee proposed by the Commission may not exceed the amount necessary
to defray the estimated cost of the operations of the Commission and the Public
Staff for the regulation of the electric membership corporations in the
upcoming fiscal year, including a reasonable margin for a reserve fund. The
amount of the reserve may not exceed the estimated cost of the Commission and
the Public Staff for the regulation of the electric membership corporations for
the upcoming fiscal year.
…
(e) Recovery of fee increase.Fee Changes.
– If a utility's regulatory fee obligation is increased,changed,
the Commission shall either adjust the utility's rates to reflect the change
allow for the recovery of the increased fee obligation, or approve
the utility's request for an accounting order allowing deferral of the increase
change in the fee obligation."
SECTION 15.16.(d) G.S. 62‑302(b)(2), as amended by subsection (c) of this section, reads as rewritten:
"(2) Unless adjusted under subdivision (3) of this subsection, the public utility fee is a percentage of a utility's jurisdictional revenues as follows:
Noncompetitive jurisdictional revenues 0.148%
Subsection (h) competitive
jurisdictional revenues 0.06%0.04%
Subsection (m) competitive
jurisdictional revenues 0.05%0.02%"
SECTION 15.16.(e) Subsection (c) of this section is effective July 1, 2015, and applies to jurisdictional revenues earned in each quarter that begins on or after July 1, 2015. Subsection (d) of this section is effective July 1, 2016, and applies to jurisdictional revenues earned in each quarter that begins on or after July 1, 2016. The remainder of this section is effective on the date this section becomes law.
UTILITY COMMISSION FEES AND CHARGES
SECTION 15.16A.(a) The Utilities Commission and Public Staff shall jointly review all fees and charges provided for in G.S. 62‑300 to determine (i) whether the fees and charges are sufficient to cover the costs of processing the applications and filings required by G.S. 62‑300 and (ii) whether new categories should be established to impose fees or charges on persons or entities who make applications or filings to the Utilities Commission but are not expressly included in any of the current categories listed in G.S. 62‑300. The review may also include any other relevant matters related to fees and charges for applications and filings made to the Utilities Commission.
SECTION 15.16A.(b) By April 1, 2016, the Utilities Commission and Public Staff shall report their findings, including any recommendations on amending the fees and charges for applications and filings under G.S. 62‑300, to the Joint Legislative Commission on Energy Policy, the chairs of the House of Representatives Appropriations Committee on Agriculture and Natural and Economic Resources and the Senate Appropriations Committee on Natural and Economic Resources, and the Fiscal Research Division.
MUNICIPAL SERVICE DISTRICTS/CONTRACTS & REFERENDUM AUTHORITY
SECTION 15.16B.(a) G.S. 160A‑536 reads as rewritten:
"§ 160A‑536. Purposes for which districts may be established.
…
(d) Contracts. – A city may provide services,
facilities, functions, or promotional and developmental activities in a service
district with its own forces, through a contract with another governmental
agency, through a contract with a private agency, or by any combination
thereof. Any contracts entered into pursuant to this paragraph subsection
shall (i) specify the purposes for which city moneys are to be used
and shall used, (ii) require specific approval by the city council for
all expenditures of moneys pursuant to the contract, and (iii) require an
appropriate accounting for those moneys at the end of each fiscal year or other
appropriate period.
…."
SECTION 15.16B.(b) G.S. 160A‑541 reads as rewritten:
"§ 160A‑541.
Abolition of service districts.districts by city council.
Upon finding that there is no longer a need for a particular service district, the city council may by resolution abolish that district. The council shall hold a public hearing before adopting a resolution abolishing a district. Notice of the hearing shall state the date, hour and place of the hearing, and its subject, and shall be published at least once not less than one week before the date of the hearing. The abolition of any service district shall take effect at the end of a fiscal year following passage of the resolution, as determined by the council."
SECTION 15.16B.(c) Article 23 of Chapter 160A of the General Statutes is amended by adding a new section to read as follows:
"§ 160A‑541.1. Abolition of service districts by referendum.
(a) A petition seeking the abolition of any service district established under G.S. 160A‑536 shall be filed with the city clerk, who shall immediately forward the petition to the county board of elections that conducts elections for the city. The petition shall bear the signatures equal in number to at least fifteen percent (15%) of the registered voters of the service district, as shown by the registration records of the last preceding general municipal election, each voter's residence address, and each voter's date of birth.
(b) The county board of elections shall verify the petition signatures. If a sufficient petition is submitted, the county board of elections shall certify its sufficiency to the city council, and the city council shall adopt a resolution setting the date for the referendum. The city council shall notify the county board of elections of the date set for the referendum and shall provide the board with a legible map and clear written description of the affected service district. The referendum may be called only if there are no outstanding general obligation bonds of the service district. No referendum shall be held in a service district in which there are no voters.
(c) The county board of elections shall cause legal notice of the election to be published. The notice shall include the general statement of the referendum. The referendum shall be conducted, returned, and the results declared as in other municipal elections in the city. Only registered voters of the affected service district shall be allowed to vote on the referendum. The city shall reimburse the county board of elections for the cost incurred in conducting the election, as required by G.S. 163‑284.
(d) The referendum of the proposed abolition of more than one service district may be submitted at the same election, but, as to the proposed abolition of each service district, there shall be an entirely separate ballot question.
(e) The ballots used in a referendum shall submit the following proposition:
"[ ] FOR [ ] AGAINST
The abolition of (name of the service district)."
(f) If a majority of the votes cast are in favor of abolishing the service district, the abolition of the service district shall take effect at the end of the fiscal year immediately following the date the county board of elections certifies the results of the election, and the city council shall thereafter have no authority to levy a tax under G.S. 160A‑542 within the abolished service district. If a majority of the votes cast are against abolishing the service district, the service district shall remain in effect until amended or abolished as provided for in this Article."
SECTION 15.16B.(d) This section is effective when this act becomes law.
SECTION 15.18.(a) Of the funds appropriated in this act to the Department of Commerce for State‑Aid, the sum of two million two hundred fifty thousand dollars ($2,250,000) is allocated as grants‑in‑aid for the 2015‑2016 fiscal year:
2015‑2016
Aurora Fossil Museum $60,526
Cape Fear Museum $60,488
Carolina Raptor Center $60,483
Catawba Science Center $93,328
Colburn Earth Science Museum, Inc. $58,640
Core Sound Waterfowl Museum $59,430
Cowan Museum of History and Science $58,514
Dan Nicholas Park (Rowan County) $58,000
Discovery Place $94,939
Discovery Place KIDS (Rockingham) $58,000
Eastern NC Regional Science Center $59,637
Fascinate‑U $65,792
Granville County Museum Commission,
Inc. – Harris Gallery $61,068
Greensboro Children's Museum $79,322
Greensboro Science Center $115,410
Hands On! – A Child's Gallery $58,534
Highlands Nature Center $62,887
Imagination Station $65,349
The Iredell Museums, Inc. $58,360
Kidsenses $64,967
Marbles Kids Museum $70,582
Museum of Coastal Carolina $59,117
North Carolina Estuarium $62,359
North Carolina Museum of Life
and Science $77,040
Pisgah Astronomical Research Institute $83,281
Port Discover: Northeastern
North Carolina's Center for
Hands‑On Science, Inc. $60,248
Rocky Mount Children's Museum $67,464
Schiele Museum of Natural History
and Planetarium, Inc. $107,868
Sci Works Science Center and
Environmental Park of Forsyth County $61,943
Sylvan Heights Waterfowl Park
and Eco‑Center $68,981
The Rankin Museum, Inc. $58,000
Western North Carolina Nature Center $59,893
Wilmington Children's Museum $59,550
Total $2,250,000.
SECTION 15.18.(b) No later than March 1, 2016, the Department of Commerce shall report to the Fiscal Research Division all of the following information for each museum that receives funds under this section:
(1) For museums that operate on a fiscal year, the actual operating budget for the 2014‑2015 fiscal year. For museums that operate on a calendar year, the actual operating budget for the 2014 calendar year.
(2) The proposed operating budget for the 2015‑2016 fiscal year.
(3) The total attendance at the museum during the 2015 calendar year.
SECTION 15.18.(c) As a condition for qualifying to receive funding under this section, all of the following documentation shall, no later than November 1, 2015, be submitted for each museum under this section to the Department of Commerce for the fiscal year that most recently ended and only those costs that are properly documented under this subsection are allowed by the Department in calculating the distribution of funds under this section:
(1) Each museum under this section shall submit its IRS (Internal Revenue Service) Form 990 to show its annual operating expenses, its annual report, and a reconciliation that explains any differences between expenses as shown on the IRS Form 990 and the annual report.
(2) Each friends association of a museum under this section shall submit its IRS Form 990 to show its reported expenses for the museum, its annual report, and a reconciliation that explains any differences between expenses as shown on the IRS Form 990 and the annual report, unless the association does not have both an IRS Form 990 and an annual report available; in which case, it shall submit either an IRS Form 990 or an annual report.
(3) The chief financial officer of each county or municipal government that provides funds for the benefit of the museum shall submit a detailed signed statement of documented costs spent for the benefit of the museum that includes documentation of the name, address, title, and telephone number of the person making the assertion that the museum receives funds from the county or municipality for the benefit of the museum.
(4) The chief financial officer of each county or municipal government or each friends association that provides indirect or allocable costs that are not directly charged to a museum under this section but that benefit the museum shall submit in the form of a detailed statement enumerating each cost by type and amount that is verified by the financial officer responsible for the completion of the documentation and that includes the name, address, title, and telephone number of the person making the assertion that the county, municipality, or association provides indirect or allocable costs to the museum.
SECTION 15.18.(d) As used in subsection (c) of this section, "friends association" means a nonprofit corporation established for the purpose of supporting and assisting a museum that receives funding under this section.
SECTION 15.18.(e) Each museum listed in subsection (a) of this section shall do the following:
(1) By September 1, 2015, and more frequently as requested, report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division on prior State fiscal year program activities, objectives, and accomplishments and prior State fiscal year itemized expenditures and fund sources.
(2) Provide to the Fiscal Research Division a copy of the museum's annual audited financial statement within 30 days of issuance of the statement.
GRASSROOTS SCIENCE PROGRAM/COMPETITIVE GRANT PROGRAM
SECTION 15.18A.(a) Effective July 1, 2016, the Grassroots Science Program within the Department of Commerce is transferred to the North Carolina State Museum of Natural Sciences in the Department of Natural and Cultural Resources, as enacted by Section 14.30 of this act.
SECTION 15.18A.(b) Part 40 of Article 2 of Chapter 143B of the General Statutes, as enacted by Section 14.30 of this act, is amended by adding a new section to read as follows:
"§ 143B‑135.227. Grassroots science competitive grant program.
(a) The North Carolina State Museum of Natural Sciences (hereinafter "Museum of Natural Sciences") shall administer the Grassroots Science Program as a competitive grant program. Any museum in the State may apply for a grant under the program, including a museum that has received a grant‑in‑aid as a grassroots science museum in prior fiscal years, but grant funds shall be awarded only if the museum meets the criteria established in subsection (c) of this section. No museum shall be guaranteed a grant under the competitive grant program.
(b) For each fiscal year, the Museum of Natural Sciences shall reserve seven hundred fifty thousand dollars ($750,000) for the purpose of awarding grants to museums located in development tier one counties and six hundred thousand dollars ($600,000) for museums located in development tier two counties. The development tier designation of a county shall be determined as provided in G.S. 143B‑437.08. If, after the initial awarding of grants to all museum applicants who meet the eligibility criteria provided for in subsection (c) of this section, there are funds remaining in any development tier category, the Museum of Natural Sciences may reallocate those funds to another development tier category. The maximum amount of each grant awarded in each fiscal year shall be (i) seventy‑five thousand dollars ($75,000) for a museum in a development tier one county; (ii) sixty thousand dollars ($60,000) for a museum in a development tier two county; and (iii) fifty thousand ($50,000) for a museum in a development tier three county.
(c) To be eligible to receive a grant under the competitive grant program, a museum shall demonstrate:
(1) That it is a science center or museum or a children's museum that is physically located in the State.
(2) That it has been open, operating, and exhibiting science or Science, Technology, Engineering, and Math (STEM) education objects to the general public at least 120 days of each year for the past two or more years.
(3) That it is a nonprofit organization that is exempt from federal income taxes pursuant to section 501(c)(3) of the Internal Revenue Code.
(4) That it has on its staff at least one full‑time professional person.
(5) That its governing body has adopted a mission statement that includes language that shows the museum has a concentration on science or STEM education and that the adopted mission statement has been in effect for the past two or more years.
(d) The Museum of Natural Sciences shall, in awarding grants under this section, give priority to museums that:
(1) When compared to other museum applicants:
a. Are located in counties that are more economically distressed according to the annual rankings prepared by the Department of Commerce pursuant to G.S. 143B‑437.08(c).
b. Generate a larger portion of their operating funds from non‑State revenue.
c. Have a higher attendance to population ratio.
(2) Partner with other museums in the State to share exhibits, programs, or other activities.
(3) Are not located in close proximity to other science or STEM education museums."
SECTION 15.18A.(c) Subsection (b) of this section is effective July 1, 2016.
SECTION 15.18A.(d) By March 1, 2016, the Museum of Natural Sciences shall submit guidelines for the submission of applications and the awarding of grants for the competitive grant program provided for in subsection (b) of this section to the chairs of the House of Representatives Appropriations Committee on Agriculture and Natural and Economic Resources and the Senate Appropriations Committee on Natural and Economic Resources and the Fiscal Research Division.
COMMERCE NONPROFITS/REPORTING REQUIREMENTS
SECTION 15.19. High Point Furniture Market Authority shall do the following:
(1) By September 1 of each year, and more frequently as requested, report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division on prior State fiscal year program activities, objectives, and accomplishments and prior State fiscal year itemized expenditures and fund sources.
(2) Provide to the Fiscal Research Division a copy of the Authority's annual audited financial statement within 30 days of issuance of the statement.
Create Joint Legislative Oversight Committee on Natural and Economic Resources
SECTION 15.24.(a) Chapter 120 of the General Statutes is amended by adding a new Article to read:
"Article 36.
"Joint Legislative Oversight Committee on Natural and Economic Resources.
"§ 120‑310. Creation and membership of Joint Legislative Oversight Committee on Natural and Economic Resources.
(a) The Joint Legislative Oversight Committee on Natural and Economic Resources is established. The Committee consists of 12 members as follows:
(1) Six members of the Senate appointed by the President Pro Tempore of the Senate. At least three of the members shall be members of the Senate appropriations committee that has jurisdiction over the agencies set out in G.S. 120‑296(a)(1).
(2) Six members of the House of Representatives appointed by the Speaker of the House of Representatives. At least three of the members shall be members of the House of Representatives appropriations committee that has jurisdiction over the agencies set out in G.S. 120‑296(a)(1).
(b) Terms on the Committee are for two years and begin on the convening of the General Assembly in each odd‑numbered year. Members may complete a term of service on the Committee even if they do not seek reelection or are not reelected to the General Assembly, but resignation or removal from service in the General Assembly constitutes resignation or removal from service on the Committee.
(c) A member continues to serve until a successor is appointed. A vacancy shall be filled within 30 days by the officer who made the original appointment.
"§ 120‑311. Purpose and powers of Committee.
(a) The Joint Legislative Oversight Committee on Natural and Economic Resources shall examine on a continuing basis the services provided by the departments and agencies set out in this subsection in order to make ongoing recommendations to the General Assembly on ways to improve the effectiveness, efficiency, and quality of State government services. The Committee has the following powers and duties:
(1) Study the programs, organization, operations, and policies of the following agencies:
a. Department of Agriculture and Consumer Services.
b. Department of Environmental Quality.
c. Department of Natural and Cultural Resources.
d. Wildlife Resources Commission.
e. Department of Labor.
f. Department of Commerce.
g. Any other agency under the jurisdiction of the Senate and House of Representatives appropriations committees on agriculture, natural, or economic resources.
(2) Review compliance of budget actions directed by the General Assembly.
(3) Monitor expenditures, deviations, and changes made by the agencies set out in subdivision (1) of subsection (a) of this section to the certified budget.
(4) Review policy changes as directed by law.
(5) Receive presentations of reports from agencies directed in the law, including audits, studies, and other reports.
(6) Review any issues that arise during the interim period between sessions of the General Assembly and provide a venue for any of these issues to be heard in a public setting.
(7) Monitor the quality of services provided by cultural, natural, and economic resources agencies to other agencies and the public.
(8) Identify opportunities for cultural, natural, and economic resources agencies to coordinate and collaborate to eliminate duplicative functions.
(9) Have presentations and reports on any other matters that the Committee considers necessary to fulfill its mandate.
(b) The Committee may make reports to the General Assembly. A report to the General Assembly may contain legislation needed to implement a recommendation of the Committee.
"§ 120‑312. Organization of Committee.
(a) The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each designate a cochair of the Joint Legislative Oversight Committee on Natural and Economic Resources. The Committee shall meet upon the joint call of the cochairs.
(b) A quorum of the Committee is five members. No action may be taken except by a majority vote at a meeting at which a quorum is present. While in the discharge of its official duties, the Committee has the powers of a joint committee under G.S. 120‑19 and G.S. 120‑19.1 through G.S. 120‑19.4.
(c) Members of the Committee shall receive subsistence and travel expenses as provided in G.S. 120‑3.1. The Committee may contract for consultants or hire employees in accordance with G.S. 120‑32.02. The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Committee in its work. Upon the direction of the Legislative Services Commission, the Directors of Legislative Assistants of the Senate and of the House of Representatives shall assign clerical staff to the Committee. The expenses for clerical employees shall be borne by the Committee.
(d) The Committee cochairs may establish subcommittees for the purpose of examining issues relating to services provided by particular divisions within the State's cultural, natural, and economic resources departments.
"§ 120‑313. Reports to Committee.
Whenever a department, office, or agency set out in subdivision (1) of subsection (a) of G.S. 120‑296 is required by law to report to the General Assembly or to any of its permanent committees or subcommittees on matters affecting the services the department or agency provides, the department or agency shall transmit a copy of the report to the cochairs of the Joint Legislative Oversight Committee on Natural and Economic Resources."
SECTION 15.24.(b) This section is effective August 1, 2015.
PART XVI. DEPARTMENT OF PUBLIC SAFETY
SUBPART XVI‑A. GENERAL PROVISIONS
GRANT REPORTING AND MATCHING FUNDS
SECTION 16A.1.(a) The Department of Public Safety, the Department of Justice, and the Judicial Department shall report by May 1 of each year to the chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety on grant funds received or preapproved for receipt by those departments. The report shall include information on the amount of grant funds received or preapproved for receipt by each department, the use of the funds, the State match expended to receive the funds, and the period to be covered by each grant. If the department intends to continue the program beyond the end of the grant period, the department shall report on the proposed method for continuing the funding of the program at the end of the grant period. Each department shall also report on any information it may have indicating that the State will be requested to provide future funding for a program presently supported by a local grant.
SECTION 16A.1.(b) Notwithstanding the provisions of G.S. 143C‑6‑9, the Department of Public Safety may use up to the sum of one million two hundred thousand dollars ($1,200,000) during the 2015‑2016 fiscal year from funds available to the Department to provide the State match needed in order to receive grant funds. Prior to using funds for this purpose, the Department shall report to the chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety on the grants to be matched using these funds.
CHANGE RECIPIENTS OF VICTIMS' COMPENSATION REPORT
SECTION 16A.2. G.S. 15B‑21 reads as rewritten:
"§ 15B‑21. Annual report.
The Commission shall, by March 15 each year, prepare and
transmit to the Governor and the General Assemblychairs of the Joint
Legislative Oversight Committee on Justice and Public Safety and to the chairs
of the House and Senate Appropriations Committees on Justice and Public Safety
a report of its activities in the prior fiscal year and the current fiscal year
to date. The report shall include:
(1) The number of claims filed;
(2) The number of awards made;
(2a) The number of pending cases by year received;
(3) The amount of each award;
(4) A statistical summary of claims denied and awards made;
(5) The administrative costs of the Commission, including the compensation of commissioners;
(6) The current unencumbered balance of the North Carolina Crime Victims Compensation Fund;
(7) The amount of funds carried over from the prior fiscal year;
(8) The amount of funds received in the prior fiscal year from the Division of Adult Correction of the Department of Public Safety and from the compensation fund established pursuant to the Victims Crime Act of 1984, 42 U.S.C. § 10601, et seq.; and
(9) The amount of funds expected to be received in the current fiscal year, as well as the amount actually received in the current fiscal year on the date of the report, from the Division of Adult Correction of the Department of Public Safety and from the compensation fund established pursuant to the Victims Crime Act of 1984, 42 U.S.C. § 10601, et seq.
The Attorney General and State Auditor shall assist the Commission in the preparation of the report required by this section."
LIMITED AUTHORITY TO ELIMINATE AND RECLASSIFY CERTAIN POSITIONS
SECTION 16A.3. Notwithstanding any other provision of law, subject to the approval of the Director of the Budget, the Secretary of the Department of Public Safety may reclassify or eliminate existing positions in the Division of Administration that are not specifically addressed in this act as needed for the efficient operation of the Department. No position shall be reclassified pursuant to this section solely for the purpose of providing a person in that position with a salary increase. The Secretary of the Department of Public Safety shall report any position reclassification undertaken pursuant to this section to the chairs of the House and Senate Appropriations Committees on Justice and Public Safety and the Fiscal Research Division within 30 days of the reclassification. The report shall include the position number, original title, original fund code, original budgeted salary, new title, new fund code, and new budgeted salary for each reclassified position.
SECTION 16A.4. The former juvenile detention facility known as Samarkand Manor, located in Moore County, is redesignated a law enforcement and corrections training facility and assigned to the Office of the Secretary of the Department of Public Safety. The facility shall be renamed Samarcand Training Academy and shall be administered by a Director. The operating budget for Samarcand Training Academy shall be funded by the Department of Public Safety but shall be independent of the operating budget of any Division within the Department and shall be managed and administered by the Director of the Academy with oversight by the Office of the Secretary of the Department of Public Safety.
SENSITIVE PUBLIC SECURITY INFORMATION IS NOT A PUBLIC RECORD
SECTION 16A.5. G.S. 132‑1.7 reads as rewritten:
"§ 132‑1.7. Sensitive public security information.
(a) Public records, as defined in G.S. 132‑1,
shall not include information containing specific details of public security
plans and arrangements or the detailed plans and drawings of public buildings
and infrastructure facilities.facilities or plans, schedules, or
other documents that include information regarding patterns or practices
associated with executive protection and security.
(a1) Public records, as defined in G.S. 132‑1, shall not include specific security information or detailed plans, patterns, or practices associated with prison operations.
(a2) Public records, as defined in G.S. 132‑1, shall not include specific security information or detailed plans, patterns, or practices to prevent or respond to criminal, gang, or organized illegal activity.
(b) Public records as defined in G.S. 132‑1 do not include plans to prevent or respond to terrorist activity, to the extent such records set forth vulnerability and risk assessments, potential targets, specific tactics, or specific security or emergency procedures, the disclosure of which would jeopardize the safety of governmental personnel or the general public or the security of any governmental facility, building, structure, or information storage system.
(c) Information relating to the general adoption of public security plans and arrangements, and budgetary information concerning the authorization or expenditure of public funds to implement public security plans and arrangements, or for the construction, renovation, or repair of public buildings and infrastructure facilities shall be public records."
SECTION 16A.6. Notwithstanding G.S. 143C‑6‑9, the Department of Public Safety shall revert to the General Fund a minimum of seventeen million eight hundred ninety thousand two hundred nine dollars ($17,890,209) from lapsed salary savings by June 30, 2016.
SUBPART XVI‑B. DIVISION OF LAW ENFORCEMENT
USE OF SEIZED AND FORFEITED PROPERTY TRANSFERRED TO STATE LAW ENFORCEMENT AGENCIES BY THE FEDERAL GOVERNMENT
SECTION 16B.1.(a) Seized and forfeited assets transferred to the Department of Public Safety during the 2015‑2017 fiscal biennium pursuant to applicable federal law shall be credited to the budget of the department and shall result in an increase of law enforcement resources for the department. The Department of Public Safety shall make the following reports to the chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety:
(1) A report upon receipt of any assets.
(2) A report that shall be made prior to use of the assets on their intended use and the departmental priorities on which the assets may be expended.
(3) A report on receipts, expenditures, encumbrances, and availability of these assets for the previous fiscal year, which shall be made no later than September 1 of each year.
SECTION 16B.1.(b) The General Assembly finds that the use of seized and forfeited assets transferred pursuant to federal law for new personnel positions, new projects, acquisition of real property, repair of buildings where the repair includes structural change, and construction of or additions to buildings may result in additional expenses for the State in future fiscal periods. Therefore, the Department of Public Safety is prohibited from using these assets for such purposes without the prior approval of the General Assembly.
SECTION 16B.1.(c) Nothing in this section prohibits North Carolina law enforcement agencies from receiving funds from the United States Department of Justice, the United States Department of the Treasury, and the United States Department of Health and Human Services.
VOICE INTEROPERABILITY PLAN FOR EMERGENCY RESPONSE (VIPER) SYSTEM
SECTION 16B.2. The Department of Public Safety shall report annually no later than March 1 to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety on the progress of the State's VIPER system.
GANGNET REPORT AND RECOMMENDATIONS
SECTION 16B.3.(a) Article 4 of Chapter 20 of the General Statutes is amended by adding a new section to read:
"§ 20‑196.5. Report on gang prevention recommendations.
The State Highway Patrol, in conjunction with the State Bureau of Investigation and the Governor's Crime Commission, shall develop recommendations concerning the establishment of priorities and needed improvements with respect to gang prevention and shall report those recommendations to the chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety and to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety on or before March 1 of each year."
SECTION 16B.3.(b) G.S. 143B‑1101(b) reads as rewritten:
"(b) The Governor's Crime Commission shall review the level of gang activity throughout the State and assess the progress and accomplishments of the State, and of local governments, in preventing the proliferation of gangs and addressing the needs of juveniles who have been identified as being associated with gang activity.
The Governor's Crime Commission shall develop
recommendations concerning the establishment of priorities and needed
improvements with respect to gang prevention and shall report those
recommendations to the Chairs of the Senate Appropriations Committee on Justice
and Public Safety, the Chairs of the House of Representatives Appropriations
Subcommittee on Justice and Public Safety, and to the Chairs of the Joint
Legislative Oversight Committee on Justice and Public Safety on or before March
1 of each year."
STATE CAPITOL POLICE/RECEIPT‑SUPPORTED POSITIONS
SECTION 16B.4.(a) The State Capitol Police may contract with State agencies for the creation of receipt‑supported positions to provide security services to the buildings occupied by those agencies.
SECTION 16B.4.(b) The State Capitol Police shall report the creation of any position pursuant to this section to the chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety and to the Fiscal Research Division within 30 days of the position's creation.
CHANGES TO EXPUNCTION AND METHAMPHETAMINE REPORTING REQUIREMENTS
SECTION 16B.5.(a) G.S. 15A‑160 reads as rewritten:
"§ 15A‑160. Reporting requirement.
The Department of Public Safety, in conjunction with the Department
of Justice and the Administrative Office of the Courts Courts, shall
report jointly to the Chairs of the Joint Legislative Oversight Committee on
Justice and Public Safety Oversight by September 1 of each year regarding
expunctions. The report shall include all of the following information:
(1) The number and types of expunctions granted during the fiscal year in which the report is made.
(2) The number and type of expunctions granted each fiscal year for the five fiscal years preceding the date of the report.
(3) A full accounting of how the agencies have spent the receipts generated by the expunction fees received during the fiscal year in which the report is made and for the five preceding fiscal years."
SECTION 16B.5.(b) G.S. 90‑113.64 reads as rewritten:
"§ 90‑113.64. SBI annual report.
Beginning with the 2011 calendar year, the State Bureau of Investigation shall determine the number of methamphetamine laboratories discovered in the State each calendar year and report its findings to the Joint Legislative Oversight Committee on Justice and Public Safety and to the Legislative Commission on Methamphetamine Abuse by March 1, 2012, for the 2011 calendar year and each March 1 thereafter for the preceding calendar year. The State Bureau of Investigation shall participate in the High Intensity Drug Trafficking Areas (HIDTA) program, assist in coordinating the drug control efforts between local and State law enforcement agencies, and monitor the implementation and effectiveness of the electronic record‑keeping requirements included in G.S. 90‑113.52A and G.S. 90‑113.56. The SBI shall include its findings in the report to the Commission required by this section."
SECTION 16B.6.(a) G.S. 143‑655(b1) reads as rewritten:
"(b1) Admission Fees. – The Branch shall collect a
fee in the amount of two dollars ($2.00) per each ticket sold spectator
to attend events regulated in this Article."
SECTION 16B.6.(b) This section is effective on July 1, 2015, and applies to fees collected or assessed on or after that date.
SBI/ALE ASHEVILLE REGIONAL OFFICE
SECTION 16B.7. Section 17.1(aaaa) of S.L. 2014‑100 reads as rewritten:
"SECTION 17.1.(aaaa) The Department of Public
Safety shall consolidate ALE and SBI Regions and Regional Offices. The
Asheville Regional Office shall be operational by July 1, 2015.upon
completion of a new facility. All other Regional Offices shall be
operational by October 1, 2014."
CLARIFY HAZARDOUS MATERIALS FEE
SECTION 16B.8.(a) G.S. 166A‑29.1 reads as rewritten:
"§ 166A‑29.1. Hazardous materials facility fee.
(a) Definitions. – The following definitions apply in this section:
(1) EPCRA. – The federal Emergency Planning and Community Right‑to‑Know Act, P.L. No. 99‑499 et. seq.
(2) Extremely hazardous substance. – Any substance, regardless of its state, set forth in 40 C.F.R. Part 355, Appendix A or B.
(3) Hazardous chemical. – As defined in 29 C.F.R. 1910.1200(c), except that the term does not include any of the following:
a. Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration.
b. Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use.
c. Any substance to the extent that it is used for personal, family, or household purposes or is present in the same form and concentration as a product packaged for distribution and use by the public.
d. Any substance to the extent that it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual.
e. Any substance to the extent that it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate consumer.
(b) Annual Fee Shall Be Charged. – A person or business required under Section 302 or 312 of EPCRA to submit a notification or an annual inventory form to the Division shall be required to pay to the Department an annual fee in the amount set forth in subsection (c) of this section.
(c) Amount of Fee. – The amount of the annual fee
charged pursuant to subsection (b) of this section shall be calculated in
accordance with the following, up to a maximum annual amount of five
thousand dollars ($5,000):five thousand dollars ($5,000) per reporting
site:
(1) A fee of fifty dollars ($50.00) shall be assessed
for each substance at each site reported by a facility person
or business that is classified as a hazardous chemical.
(2) A fee of ninety dollars ($90.00) shall be assessed
for each substance at each site reported by a facility person
or business that is classified as an extremely hazardous substance.
(d) Late Fees. – The Division may impose a late fee against a person or business for failure to submit a report or filing that substantially complies with the requirements of EPCRA by the federal filing deadline or for failure to pay any fee, including a late fee. This fee shall be in addition to the fee imposed pursuant to subsection (c) of this section. Prior to imposing a late fee, the Division shall provide the person or business who will be assessed the late fee with written notice that identifies the specific requirements that have not been met and informs the person or business of its intent to assess a late fee. The assessment of a late fee shall be subject to the following limitations:
(1) If the report filing or fee is submitted within 30 days after receipt of the Division's notice that it intends to assess a late fee, no late fee shall be assessed.
(2) If the report filing or fee has not been submitted by the end of the period set forth in subdivision (1) of this subsection, the Division may impose a late fee in an amount equal to the amount of the fee charged pursuant to subsection (c) of this section.
(e) Exemptions. – No fee shall be charged under this section to any of the following:
(1) An owner or operator of a family farm enterprise, a facility owned by a State or local government, or a nonprofit corporation.
(2) An owner or operator of a facility where motor vehicle fuels are stored and from which such fuels are offered for retail sale. However, hazardous chemicals or extremely hazardous substances at such a facility, other than motor vehicle fuels for retail sale, shall not be subject to this exemption.
(3) A motor vehicle dealer, as that term is defined in G.S. 20‑286(11).
(f) Use of Fee Proceeds. – The proceeds of fees assessed pursuant to this section shall be used for the following:
(1) To pay offset costs associated with
the establishment and maintenance of a hazardous materials database.database
and a hazardous materials response application.
(2) To support the offset costs associated
with the operations of the regional response program for hazardous
materials emergencies and terrorist incidents.
(3) To provide grants to counties for hazardous materials emergency response planning, training, and related exercises.
(4) To offset Division costs that directly support hazardous materials emergency preparedness and response."
SECTION 16B.8.(b) This section becomes effective on July 1, 2015, and applies to fees assessed or collected on or after that date.
AMEND NATIONAL GUARD FAMILY ASSISTANCE CENTERS ANNUAL REPORT REQUIREMENTS
SECTION 16B.9. G.S. 127A‑64(b) reads as rewritten:
"(b) The Department of Public Safety shall report
annually no later than September 1 to the Chairs of the House of
Representatives and Senate Appropriations Subcommittees Committees on
Justice and Public Safety and to the House of Representatives Committee on
Homeland Security, Military, and Veterans Affairs on the activities of the
National Guard Family Assistance Centers.Centers during the previous
fiscal year. This report shall include information on services provided as
well as on the number and type of members of the active or reserve components
of the Armed Forces of the United States, veterans, and family members served."
SUBPART XVI‑C. DIVISION OF ADULT CORRECTION
REIMBURSE COUNTIES FOR HOUSING AND EXTRAORDINARY MEDICAL COSTS FOR INMATES, PAROLEES, AND POST‑RELEASE SUPERVISEES AWAITING TRANSFER TO STATE PRISON SYSTEM
SECTION 16C.1. Notwithstanding G.S. 143C‑6‑9, the Department of Public Safety may use funds available to the Department for the 2015‑2017 fiscal biennium to pay the sum of forty dollars ($40.00) per day as reimbursement to counties for the cost of housing convicted inmates, parolees, and post‑release supervisees awaiting transfer to the State prison system, as provided in G.S. 148‑29. The Department shall report annually by February 1 of each year to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety and the chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety on the expenditure of funds to reimburse counties for prisoners awaiting transfer.
CENTER FOR COMMUNITY TRANSITIONS/CONTRACT AND REPORT
SECTION 16C.2. The Department of Public Safety may continue to contract with The Center for Community Transitions, Inc., a nonprofit corporation, for the purchase of prison beds for minimum security female inmates during the 2015‑2017 fiscal biennium. The Center for Community Transitions, Inc., shall report by February 1 of each year to the Chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety on the annual cost per inmate and the average daily inmate population compared to bed capacity using the same methodology as that used by the Department of Public Safety.
SECTION 16C.3. In conjunction with the closing of prison facilities, youth detention centers, and youth development centers, the Department of Public Safety shall consult with the county or municipality in which the facility is located, with the elected State and local officials, and with State and federal agencies about the possibility of converting that facility to other use. The Department may also consult with any private for‑profit or nonprofit firm about the possibility of converting the facility to other use. In developing a proposal for future use of each facility, the Department shall give priority to converting the facility to other criminal justice use. Consistent with existing law and the future needs of the Department of Public Safety, the State may provide for the transfer or the lease of any of these facilities to counties, municipalities, State agencies, federal agencies, or private firms wishing to convert them to other use. G.S. 146‑29.1(f) through (g) shall not apply to a transfer made pursuant to this section. The Department of Public Safety may also consider converting some of the facilities recommended for closing from one security custody level to another, where that conversion would be cost‑effective. A prison unit under lease to a county pursuant to the provisions of this section for use as a jail is exempt for the period of the lease from any of the minimum standards adopted by the Secretary of Health and Human Services pursuant to G.S. 153A‑221 for the housing of adult prisoners that would subject the unit to greater standards than those required of a unit of the State prison system.
MEDICAL COSTS FOR INMATES AND JUVENILE OFFENDERS
SECTION 16C.4. Article 13 of Chapter 143B of the General Statutes is amended by adding a new section to read:
"§ 143B‑707.3. Medical costs for inmates and juvenile offenders.
(a) The Department of Public Safety shall reimburse those providers and facilities providing approved medical services to inmates and juvenile offenders outside the correctional or juvenile facility the lesser amount of either a rate of seventy percent (70%) of the provider's then‑current prevailing charge or two times the then‑current Medicaid rate for any given service. The Department shall have the right to audit any given provider to determine the actual prevailing charge to ensure compliance with this provision.
This section does apply to vendors providing services that are not billed on a fee‑for‑service basis, such as temporary staffing. Nothing in this section shall preclude the Department from contracting with a provider for services at rates that provide greater documentable cost avoidance for the State than do the rates contained in this section or at rates that are less favorable to the State but that will ensure the continued access to care.
(b) The Department of Public Safety shall make every effort to contain medical costs for inmates and juvenile offenders by making use of its own hospital and health care facilities to provide health care services to inmates and juvenile offenders. To the extent that the Department of Public Safety must utilize other facilities and services to provide health care services to inmates and juvenile offenders, the Department shall make reasonable efforts to make use of hospitals or other providers with which it has a contract or, if none is reasonably available, hospitals with available capacity or other health care facilities in a region to accomplish that goal. The Department shall make reasonable efforts to equitably distribute inmates and juvenile offenders among all hospitals or other appropriate health care facilities.
(c) The Department of Public Safety shall report quarterly to the Joint Legislative Oversight Committee on Justice and Public Safety and the chairs of the House of Representative and Senate Appropriations Committees on Justice and Public Safety on:
(1) The percentage of the total inmates and juvenile offenders requiring hospitalization or hospital services who receive that treatment at each hospital.
(2) The volume of services provided by community medical providers that can be scheduled in advance and, of that volume, the percentage of those services that are provided by contracted providers.
(3) The volume of services provided by community medical providers that cannot be scheduled in advance and, of that volume, the percentage of those services that are provided by contracted providers.
(4) The volume of services provided by community medical providers that are emergent cases requiring hospital admissions and emergent cases not requiring hospital admissions.
(5) The volume of inpatient medical services provided to Medicaid‑eligible inmates and juvenile offenders, the cost of treatment, and the estimated savings of paying the nonfederal portion of Medicaid for the services.
(6) The hospital utilization, including the amount paid to individual hospitals, the number of inmates and juvenile offenders served, and the number of claims."
STATEWIDE MISDEMEANANT CONFINEMENT FUND/MONTHLY AND ANNUAL REPORTS
SECTION 16C.6.(a) The North Carolina Sheriffs' Association shall report monthly by the 15th day of each month to the Office of State Budget and Management and the Fiscal Research Division on the Statewide Misdemeanant Confinement Program. Each monthly report shall include the following:
(1) The daily population, delineated by misdemeanant or DWI monthly housing.
(2) The cost of housing prisoners under the Program.
(3) The cost of transporting prisoners under the Program.
(4) Personnel costs.
(5) Inmate medical care costs.
(6) The number of counties that volunteer to house inmates under the Program.
(7) The administrative costs paid to the Sheriffs' Association and to the Department of Public Safety.
(1) Revenue collected by the Statewide Misdemeanant Confinement Program.
(2) The cost of housing prisoners by county under the Program.
(3) The cost of transporting prisoners by county under the Program.
(4) Personnel costs by county.
(5) Inmate medical care costs by county.
(6) The number of counties that volunteer to house inmates under the Program.
(7) The administrative costs paid to the Sheriffs' Association and to the Department of Public Safety.
SECTION 16C.8. The Department of Public Safety shall not expand private maintenance contracts to additional prison facilities or continue existing private contracts for prison maintenance unless authorized by the General Assembly. If the Department determines that expanding private maintenance contracts to additional prison facilities or continuing existing contracts is necessary, then it shall submit its request to the General Assembly by May 1, 2016, stating (i) the ways in which the State can realize savings by doing so and (ii) that safety can be maintained at the facilities where those contracts are expanded or continued.
REPORT ON CONTRACTS FOR HOUSING STATE PRISONERS/REPEAL AUTHORIZATION FOR LEASE‑PURCHASE OF PRISON FACILITIES FROM PRIVATE FIRMS
SECTION 16C.10.(a) G.S. 148‑37(i) reads as rewritten:
"(i) The Division of Adult Correction of the
Department of Public Safety shall make a written report no later than March 1
of every odd‑numbered year, beginning in 1997, on the substance of
all outstanding contracts for the housing of State prisoners entered into under
the authority of this section. The report shall be submitted to the Council
of State, the Department of Administration, the Joint Legislative Commission on
Governmental Operations, and the Joint Legislative Oversight Committee on
Justice and Public Safety. In addition to the report, the Division of Adult
Correction of the Department of Public Safety shall provide information on
contracts for the housing of State prisoners as requested by these groups."
SECTION 16C.10.(b) G.S. 148‑37.2 is repealed.
SECTION 16C.11. Article 13 of Chapter 143B of the General Statutes is amended by adding a new section to read:
"§ 143B‑707.4. Annual report on safekeepers.
(1) The number of safekeepers currently housed by the Department.
(2) A list of the facilities where safekeepers are housed and the population of safekeepers by facility.
(3) The average length of stay by a safekeeper in one of those facilities.
(4) The amount paid by counties for housing and extraordinary medical care of safekeepers.
(5) A list of the counties in arrears for safekeeper payments owed to the Department at the end of the fiscal year."
COLLECTION OF DELINQUENT SAFEKEEPER REIMBURSEMENTS
SECTION 16C.12. G.S. 148‑10.4 is amended by adding a new subsection to read:
"(f) Upon notification from the Division of Adult Correction that an amount owed by a county for safekeeper reimbursements authorized under G.S. 162‑39 is more than 120 days overdue, the Sheriffs' Association shall withhold funds from any reimbursements due to a county under this section and transmit those funds to the Division until that overdue safekeeper reimbursement is satisfied."
PRISON BEHAVIORAL HEALTH POSITIONS
SECTION 16C.13. Notwithstanding any other provision of law, the Section of Prisons of the Division of Adult Correction may post, advertise, accept applications for, and interview for positions established or authorized by this act related to behavioral health treatment prior to the effective date of the establishment of those positions.
EVALUATION requirement for ELECTRICAL DEVICES
SECTION 16C.13A. G.S. 66‑25 reads as rewritten:
"§ 66‑25. Acceptable listings as to safety of goods.
(a) All electrical materials, devices, appliances, and equipment shall be evaluated for safety and suitability for intended use. Except as provided in subsection (b) of this section, this evaluation shall be conducted in accordance with nationally recognized standards and shall be conducted by a qualified testing laboratory. The Commissioner of Insurance, through the Engineering Division of the Department of Insurance, shall implement the procedures necessary to approve suitable national standards and to approve suitable qualified testing laboratories. The Commissioner may assign his authority to implement the procedures for specific materials, devices, appliances, or equipment to other agencies or bodies when they would be uniquely qualified to implement those procedures.
In the event that the Commissioner determines that electrical materials, devices, appliances, or equipment in question cannot be adequately evaluated through the use of approved national standards or by approved qualified testing laboratories, the Engineering Division of the Department of Insurance shall specify any alternative evaluations which safety requires.
The Engineering Division of the Department of Insurance shall keep in file, where practical, copies of all approved national standards and resumes of approved qualified testing laboratories.
(b) Electrical devices, appliances, or equipment used
by the Division of Adult Correction of the Department of Public Safety may
be evaluated for safety and suitability by the Central Engineering Section of
the Department of Public Safety. The evaluation shall be conducted in
accordance with nationally recognized standards. Electrical devices,
appliances, and equipment used by the Division that are not evaluated by the
Central Engineering Section as provided by this subsection are subject to in
institutional kitchens and manufacturing equipment used by Correction
Enterprises are exempt from the evaluation requirement of subsection (a) of
this section."
SECTION 16C.14. Article 13 of Chapter 143B of the General Statutes is amended by adding a new section to read:
"§ 143B‑721.1. Parole eligibility reports.
(a) Each fiscal year the Post‑Release Supervision and Parole Commission shall, with the assistance of the North Carolina Sentencing and Policy Advisory Commission and the Department of Public Safety, analyze the amount of time each inmate who is eligible for parole on or before July 1 of the previous fiscal year has served compared to the time served by offenders under Structured Sentencing for comparable crimes. The Commission shall determine if the person has served more time in custody than the person would have served if sentenced to the maximum sentence under the provisions of Article 81B of Chapter 15A of the General Statutes. The "maximum sentence", for the purposes of this section, shall be calculated as set forth in subsection (b) of this section.
(b) For the purposes of this section, the following rules apply for the calculation of the maximum sentence:
(1) The offense upon which the person was convicted shall be classified as the same felony class as the offense would have been classified if committed after the effective date of Article 81B of Chapter 15A of the General Statutes.
(2) The minimum sentence shall be the maximum number of months in the presumptive range of minimum durations in Prior Record Level VI of G.S. 15A‑1340.17(c) for the felony class determined under subdivision (1) of this subsection. The maximum sentence shall be calculated using G.S. 15A‑1340.17(d), (e), or (e1).
(3) If a person is serving sentences for two or more offenses that are concurrent in any respect, then the offense with the greater classification shall be used to determine a single maximum sentence for the concurrent offenses. The fact that the person has been convicted of multiple offenses may be considered by the Commission in making its determinations under subsection (a) of this section.
(c) The Commission shall reinitiate the parole review process for each offender who has served more time than that person would have under Structured Sentencing as provided by subsections (a) and (b) of this section.
(d) The Post‑Release Supervision and Parole Commission shall report to the Chairs of the Joint Legislative Oversight Committee on Justice and Public Safety and the Chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety by April 1 of each year. The report shall include the following: the class of the offense for which each parole‑eligible inmate was convicted and whether an inmate had multiple criminal convictions. The Commission shall also report on the number of parole‑eligible inmates reconsidered in compliance with this section and the number who were actually paroled."
INTERSTATE COMPACT FEES TO SUPPORT training programs and equipment purchases
SECTION 16C.16. Notwithstanding the provisions of G.S. 148‑65.7, fees collected for the Interstate Compact Fund during the 2015‑2017 fiscal biennium may be used by the Division of Adult Correction of the Department of Public Safety during the 2015‑2017 fiscal biennium to provide training programs and equipment purchases for the Section of Community Corrections, but only as long as sufficient funds remain available in the Fund to support the mission of the Interstate Compact Program.
OUR CHILDREN'S PLACE FUNDS
SECTION 16C.17. Notwithstanding any other provision of law, funds remaining from funds appropriated for the 2004-2005 fiscal year for Our Children's Place for planning and design may be used by Our Children's Place for general operations.
SUBPART XVI‑D. DIVISION OF JUVENILE JUSTICE
LIMIT USE OF COMMUNITY PROGRAM FUNDS
SECTION 16D.1.(a) Funds appropriated in this act to the Department of Public Safety for the 2015‑2017 fiscal biennium for community program contracts that are not required for or used for community program contracts shall only be used for the following:
(1) Other statewide residential programs that provide Level 2 intermediate dispositional alternatives for juveniles.
(2) Statewide community programs that provide Level 2 intermediate dispositional alternatives for juveniles.
(3) Regional programs that are collaboratives of two or more Juvenile Crime Prevention Councils which provide Level 2 intermediate dispositional alternatives for juveniles.
(4) The Juvenile Crime Prevention Council funds to be used for the Level 2 intermediate dispositional alternatives for juveniles listed in G.S. 7B‑2506(13) through (23).
SECTION 16D.1.(b) Under no circumstances shall funds appropriated by this act to the Department of Public Safety for the 2015‑2017 fiscal biennium for community programs be used for staffing, operations, maintenance, or any other expenses of youth development centers or detention facilities.
SECTION 16D.1.(c) The Department of Public Safety shall submit an electronic report by October 1, 2015, and a second electronic report by October 1, 2016, on all expenditures made from the miscellaneous contract line in Fund Code 1230 to the chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety and the Fiscal Research Division. The report shall include all of the following: an itemized list of the contracts that have been executed, the amount of each contract, the date the contract was executed, the purpose of the contract, the number of juveniles that will be served and the manner in which they will be served, the amount of money transferred to the Juvenile Crime Prevention Council fund, and an itemized list of grants allocated from the funds transferred to the Juvenile Crime Prevention Council fund.
STATE FUNDS MAY BE USED AS FEDERAL MATCHING FUNDS
SECTION 16D.2. Funds appropriated in this act to the Department of Public Safety for the 2015‑2016 fiscal year may be used as matching funds for the Juvenile Accountability Incentive Block Grants. If North Carolina receives Juvenile Accountability Incentive Block Grants or a notice of funds to be awarded, the Office of State Budget and Management and the Governor's Crime Commission shall consult with the Department of Public Safety regarding the criteria for awarding federal funds. The Office of State Budget and Management, the Governor's Crime Commission, and the Department of Public Safety shall report to the chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety and the Joint Legislative Oversight Committee on Justice and Public Safety prior to allocation of the federal funds. The report shall identify the amount of funds to be received for the 2015‑2016 fiscal year and the allocation of funds by program and purpose.
PART XVII. DEPARTMENT OF JUSTICE
NO HIRING OF SWORN STAFF POSITIONS FOR THE NORTH CAROLINA STATE CRIME LABORATORY
SECTION 17.1. The Department of Justice shall not hire sworn personnel to fill vacant positions in the North Carolina State Crime Laboratory. Nothing in this section shall be construed to require the termination of sworn personnel, but as vacant positions in the State Crime Laboratory are filled, they shall be filled only with nonsworn personnel. Nothing in this section shall be construed to affect North Carolina State Crime Laboratory personnel who are sworn and employed by the Laboratory as of the effective date of this section and who continue to meet the sworn status retention standards mandated by the North Carolina Criminal Justice Education and Standards Commission.
AMEND DNA DATABASE REPORTING REQUIREMENTS
SECTION 17.2. G.S. 15A‑266.5(c) reads as rewritten:
"(c) The Crime Laboratory shall report annually to
the Joint Legislative Commission on Governmental Operations and to the
Joint Legislative Oversight Committee on Justice and Public Safety, on or
before February 1,September 1, with information for the previous calendar
fiscal year, which shall include: a summary of the operations and
expenditures relating to the DNA Database and DNA Databank; the number of DNA
records from arrestees entered; the number of DNA records from arrestees that
have been expunged; and the number of DNA arrestee matches or hits that
occurred with an unknown sample, and how many of those have led to an arrest
and conviction; and how many letters notifying defendants that a record and
sample have been expunged, along with the number of days it took to complete
the expunction and notification process, from the date of the receipt of the
verification form from the State."
STUDY COLLECTION OF DNA/ALL FELONY ARRESTS
SECTION 17.3. The Joint Legislative Oversight Committee on Justice and Public Safety shall study extending the collection of DNA samples to persons arrested for any felony and shall report its findings and recommendations to the 2016 Regular Session of the 2015 General Assembly. The report shall include all of the following:
(1) A recommended time line for implementing a requirement that DNA samples be collected for persons arrested for committing any felony.
(2) An estimate of initial nonrecurring costs and recurring operating costs required of implementing such a requirement.
(3) Other costs and benefits of implementing such a requirement.
(4) An estimate of capital costs to the State of implementing such a requirement.
(5) Any other information that the Committee deems relevant.
DEPARTMENT OF JUSTICE POSITIONS
SECTION 17.4. Notwithstanding any other provision of law, the Department of Justice may post, advertise, accept applications for, and interview for positions established or authorized by this act in the Department of Justice prior to the effective date of the establishment of those positions.
PRIVATE LABS MUST COMPLY WITH CODIS
SECTION 17.6.(a) Article 13 of Chapter 15A of the General Statutes is amended by adding a new section to read:
"§ 15A‑270.2. Obtaining DNA analyses from entities other than the State Crime Laboratory; use of local DNA databases prohibited.
(a) Private Laboratories Shall Comply With CODIS Requirements. – A local law enforcement agency shall not obtain DNA analysis from an entity other than the State Crime Laboratory unless that entity meets the standards applicable to vendor laboratories as set forth in the Federal Bureau of Investigation's Quality Assurance Standards for Forensic DNA Testing and Databasing Laboratories. The State Crime Laboratory shall maintain a list of laboratories that meet those standards and shall make the list available on its Web site.
(b) Private DNA Databases Prohibited. – A local law enforcement agency shall not access or create any DNA database other than those that participate in the CODIS system."
SECTION 17.6.(b) This section becomes effective October 1, 2015.
PART XVIII. JUDICIAL DEPARTMENT
SUBPART XVIII‑A. ADMINISTRATIVE OFFICE OF THE COURTS
SECTION 18A.1. G.S. 7A‑343 reads as rewritten:
"§ 7A‑343. Duties of Director.
The Director is the Administrative Officer of the Courts, and the Director's duties include all of the following:
…
(8) Prepare and submit an annual report on the work of
the Judicial Department to the Chief Justice, and transmit a copy by March
15 of each year to the Chairs of the House of Representatives and Senate
Appropriations Subcommittee Committees on Justice and Public
Safety and the Senate Appropriations Committee on Justice and Public Safety and
to the Chairs of the Joint Legislative Oversight Committee on Justice and
Public Safety.
…."
ANNUAL REPORT ON CRIMINAL COURT COST WAIVERS
SECTION 18A.3.(a) Article 29 of Chapter 7A of the General Statutes is amended by adding a new section to read:
"§ 7A‑350. Annual report on criminal court cost waivers.
The Administrative Office of the Courts shall maintain records of all cases in which a judge makes a finding of just cause to grant a waiver of criminal court costs under G.S. 7A‑304(a) and shall report on those waivers to the chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety and the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety by February 1 of each year. The report shall aggregate the waivers by the district in which the waiver or waivers were granted and by the name of each judge granting a waiver or waivers."
SECTION 18A.3.(b) The Administrative Office of the Courts shall make the necessary modifications to its information systems to maintain the records required under G.S. 7A‑350, as enacted by subsection (a) of this section.
COLLECTION OF WORTHLESS CHECK FUNDS
SECTION 18A.5.(a) Notwithstanding the provisions of G.S. 7A‑308(c), the Judicial Department may use any balance remaining in the Collection of Worthless Checks Fund on June 30, 2015, for the purchase or repair of office or information technology equipment during the 2015‑2016 fiscal year. Prior to using any funds under this section, the Judicial Department shall report to the chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety and the Office of State Budget and Management on the equipment to be purchased or repaired and the reasons for the purchases.
SECTION 18A.5.(b) This section becomes effective June 30, 2015.
CONFERENCE OF DISTRICT ATTORNEYs GRANT FUNDS/authorize district attorneys to use certain grant funds to obtain toxicology analysis from providers of toxicology analyses other than hospitals
SECTION 18A.7. Section 18B.4 of S.L. 2013‑360 reads as rewritten:
"SECTION 18B.4. Of the
funds appropriated in this act to the Judicial Department, the sum of five
hundred thousand dollars ($500,000) in the 2013‑2014 fiscal year shall be
allocated to the Conference of District Attorneys and shall be used to
establish a grant fund to provide district attorneys across the State with the
resources to obtain toxicology analysis from local hospitalshospitals,
or from other providers of toxicology analyses, on persons charged with
driving while impaired whose conduct did not result in serious injury or death
to others. The Conference of District Attorneys shall report to the Chairs
of the Joint Legislative Oversight Committee on Justice and Public Safety by
October 1, 2014, on the expenditure of these funds.funds by
October 1 of each year until all of the grant funds have been expended."
DISTRICT ATTORNEY LEGAL ASSISTANTS
SECTION 18A.8.(a) G.S. 7A‑347 reads as rewritten:
"§ 7A‑347.
Assistants for administrative and victim and witness services.District
attorney legal assistants.
Assistant for administrative and victim and witness
services District attorney legal assistant positions are established
under the district attorneys' offices. Each prosecutorial district is allocated
at least one assistant for administrative and victim and witness services district
attorney legal assistant to be employed by the district attorney. The
Administrative Office of the Courts shall allocate additional assistants to
prosecutorial districts on the basis of need and within available
appropriations. Each district attorney may also use any volunteer or other
personnel to assist the assistant. The assistant is responsible for
coordinating efforts of the law‑enforcement and judicial systems to
assure that each victim and witness is provided fair treatment under Article 45
of Chapter 15A, Fair Treatment for Victims and Witnesses and shall also provide
administrative and legal support to the district attorney's office."
SECTION 18A.8.(b) G.S. 7A‑348 reads as rewritten:
"§ 7A‑348.
Training and supervision of assistants for administrative and victim and
witness services.district attorney legal assistants.
Pursuant to the provisions of G.S. 7A‑413, the Conference of District Attorneys shall:
(1) Assist in establishing uniform statewide training
for assistants for administrative and victim and witness services; district
attorney legal assistants; and
(2) Assist in the implementation and supervision of this program."
SECTION 18A.8.(c) G.S. 15A‑826 reads as rewritten:
"§ 15A‑826.
Assistants for administrative and victim and witness services.District
attorney legal assistants.
In addition to providing administrative and legal support to
the district attorney's office, assistants for administrative and victim and
witness services district attorney legal assistants are responsible
for coordinating efforts within the law‑enforcement and judicial systems
to assure that each victim and witness is treated in accordance with this
Article."
REPORT ON DISMISSALS DUE TO DELAY IN ANALYSIS OF EVIDENCE
SECTION 18A.9. Whenever a criminal case is dismissed as a direct result of a delay in the analysis of evidence by the State Crime Laboratory, the district attorney for the district in which the case was dismissed shall report that dismissal and the facts surrounding it to the Conference of District Attorneys. The Conference of District Attorneys shall compile any such reports of dismissals and shall report them quarterly starting October 30, 2015, to the chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety and to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety.
ALLOCATION OF ASSISTANT DISTRICT ATTORNEYS
SECTION 18A.10.(a) G.S. 7A‑60 reads as rewritten:
"§ 7A‑60. District attorneys and prosecutorial districts.
…
(a1) The counties of the State are organized into
prosecutorial districts, and each district has the counties and the number
of full‑time assistant district attorneys set forth in the following
table:
No. of Full‑Time
Prosecutorial Asst.
District
District Counties Attorneys
1 Camden,
Chowan, Currituck, 11
Dare, Gates, Pasquotank,
Perquimans
2 Beaufort,
Hyde, Martin, 8
Tyrrell, Washington
3A Pitt 11
3B Carteret,
Craven, Pamlico 12
4 Duplin,
Jones, Onslow, 18
Sampson
5 New
Hanover, Pender 18
6 Bertie,
Halifax, Hertford, 10
Northampton
7 Edgecombe,
Nash, Wilson 18
8 Greene,
Lenoir, Wayne 14
9 Franklin,
Granville, 10
Vance, Warren
9A Person,
Caswell 6
10 Wake 41
11A Harnett,
Lee 9
11B Johnston 10
12 Cumberland 23
13 Bladen,
Brunswick, Columbus 13
14 Durham 18
15A Alamance 11
15B Orange,
Chatham 10
16A Scotland,
Hoke 7
16B Robeson 12
16C Anson,
Richmond 6
17A Rockingham 7
17B Stokes,
Surry 8
18 Guilford 32
19A Cabarrus 9
19B Montgomery,
Randolph 9
19C Rowan 8
19D Moore 5
20A 5
Stanly
20B Union 10
21 Forsyth 25
22A Alexander,
Iredell 11
22B Davidson,
Davie 11
23 Alleghany,
Ashe, Wilkes, 8
Yadkin
24 Avery,
Madison, Mitchell, 7
Watauga, Yancey
25 Burke,
Caldwell, Catawba 18
26 Mecklenburg 58
27A Gaston 14
27B Cleveland, 11
Lincoln
28 Buncombe 14
29A McDowell,
Rutherford 7
29B Henderson,
Polk, Transylvania 8
30 Cherokee,
Clay, Graham, 10
Haywood, Jackson, Macon,
Swain.
(a2) Upon the convening of each regular session of
the General Assembly and its reconvening in the even‑numbered year, the The
Administrative Office of the Courts shall report by March 15 of each
year on its recommendations regarding the allocation of assistant
district attorneys for the upcoming fiscal biennium and fiscal year to the
General Assembly, including any request for additional assistant district
attorneys. The report shall include the number of assistant district attorneys
that the Administrative Office of the Courts recommends to be has allocated
to each prosecutorial district and the workload formula established through the
National Center for State Courts on which each recommended allocation is
based. Any reports required under this subsection shall be made to the Joint
Legislative Commission of Governmental Operations, the House of
Representatives and Senate Appropriations Subcommittees Committees on
Justice and Public, and the Fiscal Research Division.
…."
SECTION 18A.10.(b) G.S. 7A‑63 reads as rewritten:
"§ 7A‑63. Assistant district attorneys.
Each district attorney shall be entitled to the number of
full‑time assistant district attorneys set out in this Subchapter,
such number to be developed by the General Assembly allocated to that
prosecutorial district by the Administrative Office of the Courts after
consulting the workload formula established through the National Center for
State Courts, to be appointed by the district attorney, to serve at the
district attorney's pleasure. A vacancy in the office of assistant district
attorney shall be filled in the same manner as the initial appointment. An
assistant district attorney shall take the same oath of office as the district
attorney, and shall perform such duties as may be assigned by the district
attorney. The district attorney shall devote full time to the duties of the
office and shall not engage in the private practice of law during his or her
term."
SECTION 18A.10.(c) Article 9 of Chapter 7A of the General Statutes is amended by adding a new section to read:
"§ 7A‑69.2. Transfer of vacant positions.
Any assistant district attorney positions within a prosecutorial district that become vacant shall be transferred by the Administrative Office of the Courts to prosecutorial districts that are determined to be understaffed under the workload formula established through the National Center for State Courts if the Administrative Office of the Courts makes a determination that the district in which the vacancy occurred is overstaffed under that workload formula."
SECTION 18A.10.(d) The Administrative Office of the Courts, in conjunction with the National Center for State Courts and the Conference of District Attorneys, shall revisit the workload formula used to determine the allocation of assistant district attorneys under G.S. 7A‑60 and determine whether any adjustments should be made to the formula. The Administrative Office of the Courts shall report by May 1, 2016, to the chairs of the Joint Legislative Committee on Justice and Public Safety and the chairs of House of Representatives and Senate Appropriations Committees on Justice and Public Safety on the conclusions reached about the workload formula and any recommendations for adjustments.
SECTION 18A.11. G.S. 7A‑304(a) reads as rewritten:
"(a) In every criminal case in the superior or district court, wherein the defendant is convicted, or enters a plea of guilty or nolo contendere, or when costs are assessed against the prosecuting witness, the following costs shall be assessed and collected. No costs may be assessed when a case is dismissed. Only upon entry of a written order, supported by findings of fact and conclusions of law, determining that there is just cause, the court may (i) waive costs assessed under this section or (ii) waive or reduce costs assessed under subdivision (7), (8), (8a), (11), (12), or (13) of this section.
…
(2b) For the maintenance of misdemeanors in
county jails, the sum of eighteen dollars ($18.00) in the district court to be
remitted to the Statewide Misdemeanor Confinement Fund in the Division of Adult
Correction of the Department of Public Safety.
…
(4) For support of the General Court of Justice, the
sum of one hundred twenty‑nine dollars and fifty cents ($129.50) one
hundred forty‑seven dollars and fifty cents ($147.50) in the district
court, including cases before a magistrate, and the sum of one hundred fifty‑four
dollars and fifty cents ($154.50) in the superior court, to be remitted to the
State Treasurer. For a person convicted of a felony in superior court who has
made a first appearance in district court, both the district court and superior
court fees shall be assessed. The State Treasurer shall remit the sum of one
dollar and fifty cents ($1.50) of each fee collected under this subdivision to
the North Carolina State Bar for the provision of services described in G.S. 7A‑474.4,
and ninety‑five cents ($.95) of each fee collected under this subdivision
to the North Carolina State Bar for the provision of services described in G.S. 7A‑474.19.
…
(4b) To provide for contractual services to reduce
county jail populations, For additional support of the General Court of
Justice, the sum of fifty dollars ($50.00) for all offenses arising under
Chapter 20 of the General Statutes and resulting in a conviction of an improper
equipment offense, to be remitted to the Statewide Misdemeanor Confinement
Fund in the Division of Adult Correction of the Department of Public Safety.State
Treasurer.
…."
SECTION 18A.13. The Administrative Office of the Courts shall provide direction and oversight to the existing family court programs in order to ensure that each district with a family court program is utilizing best practices and is working effectively and efficiently in the disposition of domestic and juvenile cases. The Administrative Office of the Courts shall report on its efforts in this regard and the results of those efforts to the chairs of the House of Representatives and Senate Appropriations Committee on Justice and Public Safety and the Joint Legislative Oversight Committee on Justice and Public Safety by March 1 of each year.
SPECIALTY COURTS/USE CLERK OF COURT PERSONNEL AND RESOURCES
SECTION 18A.14. Article 14 of Chapter 7A of the General Statutes is amended by adding a new section to read:
"§ 7A‑146.1. Specialty sessions of court; use of clerk of court personnel and resources.
Upon the request of a clerk of court or district attorney, or upon the judge's own initiative, a chief district court judge may, pursuant to the judge's authority under G.S. 7A‑146(7) to arrange sessions for the trial of specialized cases, authorize the establishment in the district court district of the holding of sessions of court in which related specialized cases or matters are adjudicated, including the holding of family court, drug treatment court, veterans' court, DWI court, mental health court, or any other innovative use of a session of court. With the consent of the clerk of superior court, the court may make use of the personnel and resources of the clerk's office to administer these specialty sessions. The Administrative Office of the Courts shall provide direction and oversight to any such specialty session of district court in order to ensure that each district is utilizing best practices and is working effectively and efficiently in the disposition of such specialized cases and consistent with the provisions of G.S. 7A‑272."
SECTION 18A.16. G.S. 15A‑1462 reads as rewritten:
"§ 15A‑1462. Commission established.
(a) There is established the North Carolina Innocence
Inquiry Commission. The North Carolina Innocence Inquiry Commission shall be an
independent commission under the Judicial Department Administrative
Office of the Courts for administrative purposes.
(b) The Administrative Office of the Courts shall provide administrative support to the Commission as needed. The Director of the Administrative Office of the Courts shall not reduce or modify the budget of the Commission or use funds appropriated to the Commission without the approval of the Commission. The Administrative Office of the Courts shall conduct an annual audit of the Commission."
TRANSFER OFFICE OF INDIGENT DEFENSE SERVICES TO THE ADMINISTRATIVE OFFICE OF THE COURTS
SECTION 18A.17. G.S. 7A‑498.2 reads as rewritten:
"§ 7A‑498.2. Establishment of Office of Indigent Defense Services.
(a) The Office of Indigent Defense Services, which is
administered by the Director of Indigent Defense Services and includes the
Commission on Indigent Defense Services and the Sentencing Services Program
established in Article 61 of this Chapter, is created within the Judicial
Department. Administrative Office of the Courts. As used in this
Article, "Office" means the Office of Indigent Defense Services, "Director"
means the Director of Indigent Defense Services, and "Commission"
means the Commission on Indigent Defense Services.
(b) The Office of Indigent Defense Services shall exercise its prescribed powers independently of the head of the Administrative Office of the Courts. The Office may enter into contracts, own property, and accept funds, grants, and gifts from any public or private source to pay expenses incident to implementing its purposes.
(c) The Director of the Administrative Office of the Courts shall provide general administrative support to the Office of Indigent Defense Services. The term "general administrative support" includes purchasing, payroll, and similar administrative services.
(d) The budget of the Office of Indigent Defense
Services shall be a part of the Judicial Department's budget. budget
of the Administrative Office of the Courts. The Commission on Indigent
Defense Services shall consult with the Director of the Administrative Office
of the Courts, who shall assist the Commission in preparing and presenting to
the General Assembly the Office's budget, but the Commission shall have the
final authority with respect to preparation of the Office's budget and with
respect to representation of matters pertaining to the Office before the
General Assembly. The Administrative Office of the Courts shall conduct an
annual audit of the budget of the Office of Indigent Defense Services.
(e) The Director of the Administrative Office of the
Courts shall not reduce or modify the budget of the Office of Indigent
Defense Services or use funds appropriated to the Office without the approval
of the Commission."
STUDY FUTURE OF INDIGENT DEFENSE SERVICES COMMISSION AND INNOCENCE INQUIRY COMMISSION
SECTION 18A.18. The Joint Legislative Oversight Committee on Justice and Public Safety shall study:
(1) The Office of Indigent Defense Services and determine whether changes should be made to the ways in which appropriated funds are used to provide legal assistance and representation to indigent persons.
(2) The North Carolina Innocence Inquiry Commission and determine whether changes should be made to the way in which the Commission investigates and determines credible claims of factual innocence made by criminal defendants.
The Joint Legislative Oversight Committee on Justice and Public Safety shall report its findings and recommendations, including any proposed legislation, to the 2015 General Assembly when it reconvenes in 2016.
abolish THREE SPECIAL SUPERIOR COURT JUDGESHIPS
SECTION 18A.19. G.S. 7A‑45.1 reads as rewritten:
"§ 7A‑45.1. Special judges.
…
(a8) Notwithstanding any other provision of this section, the four special superior court judgeships held as of April 1, 2014, by judges whose terms expire on April 29, 2015, October 20, 2015, and December 31, 2017, and the two special superior court judgeships held as of April 1, 2015, by judges whose terms expire January 26, 2016, are abolished when any of the following first occurs:
(1) Retirement of the incumbent judge.
(2) Resignation of the incumbent judge.
(3) Removal from office of the incumbent judge.
(4) Death of the incumbent judge.
(5) Expiration of the term of the incumbent judge.
(a9) Effective upon the retirement, resignation, removal
from office, death, or expiration of the term of the special superior court
judge held as of April 1, 2014, by the judge whose term expires on April 29,
2015, a new special superior court judgeship shall be created and filled
through the procedure for nomination and confirmation provided for in
subsection (a10) of this section. Effective upon the retirement,
resignation, removal from office, death, or expiration of the term of the
special superior court judge held as of April 1, 2014, by the judge whose term
expires on October 20, 2015, a new special superior court judgeship shall be
created and filled through the procedure for nomination and confirmation
provided for in subsection (a10) of this section.
Prior to submitting a nominee for the judgeships judgeship
created under this subsection to the General Assembly for confirmation, the
Governor shall consult with the Chief Justice to ensure that the persons person
nominated to fill these two judgeships have this judgeship has the
requisite expertise and experience to be designated by the Chief Justice as a
business court judges judge under G.S. 7A‑45.3,
and the Chief Justice is requested to designate those two judges as business
court judges.this judge as a business court judge.
…
(a11) The Chief Justice is requested, pursuant to the authority under G.S. 7A‑45.3 to designate business court judges, to maintain at least five business court judgeships from among the special superior court judgeships authorized under this section.
…."
COMPENSATION OF COURT REPORTERS
SECTION 18A.20. The Administrative Office of the Courts shall set the limits on compensation and allowances of court reporters provided for in G.S. 7A‑95(e) and G.S. 7A‑198(f) during the 2015‑2017 fiscal biennium so that (i) the Administrative Office of the Courts pays no more than fifty percent (50%) of the per‑transcript‑page rate paid by the Administrative Office of the Courts during the 2011‑2013 fiscal biennium and (ii) the Office of Indigent Defense Services pays no more than fifty percent (50%) of the per‑transcript‑page rate paid by the Office of Indigent Defense Services during the 2011‑2013 fiscal biennium.
e‑courts INFORMATION TECHNOLOGY initiative/strategic plan/advisory committee
SECTION 18A.21.(a) The Administrative Office of the Courts shall establish a strategic plan for the design and implementation of its e‑Courts information technology initiative by February 1, 2016. The plan shall:
(1) Clearly articulate the requirements for the e‑Courts system, including well‑defined milestones, costs parameters, and performance measures.
(2) Prioritize the funding needs for implementation of the various elements of the system, after consultation with the e‑Courts advisory committee established by subsection (c) of this section.
(3) Identify any potential issues that may arise in the development of the system and plans for mitigating those issues.
(4) Address the potential for incorporating any currently existing resources into the e‑Courts system.
SECTION 18A.21.(b) The Administrative Office of the Courts shall report quarterly beginning November 1, 2015, to the Joint Legislative Oversight Committee on Justice and Public Safety and the Joint Legislative Oversight Committee on Information Technology on the development, implementation, and specific costs of the strategic plan required by subsection (a) of this section and on any changes in the projected costs for implementing the e‑Courts system or the schedule for implementation.
SECTION 18A.21.(c) The Administrative Office of the Courts shall establish an e‑Courts advisory committee consisting of clerks of superior court, judges, district attorneys, public defenders, and representatives of the State Bar in order to ensure that, in the development and implementation of the strategic plan required by subsection (a) of this section, it has the input and advice of those stakeholders in the e‑Courts system and the benefit of the various stakeholders' expertise on the information technology needs of the courts. The advisory committee shall be guided by an executive steering committee.
SECTION 18A.21.(d) Upon completion of the strategic plan required by subsection (a) of this section, the Administrative Office of the Courts shall issue a Request For Information (RFI) for a contractor to provide the e‑Courts system as outlined in the strategic plan. The Administrative Office of the Courts shall evaluate the responses to the RFI before issuing a Request for Proposals (RFP) for the e‑Courts system.
SECTION 18A.22.(a) Article 1 of Chapter 50 of the General Statutes is amended by adding a new section to read:
"§ 50‑13.01. Purposes.
It is the policy of the State of North Carolina to do the following:
(1) Encourage focused, good‑faith, best interest, and child‑centered joint parenting agreement development to reduce needless litigation over child custody matters and to promote the best interest of the child.
(2) Encourage parents to take responsibility for their child by setting the expectation that parenthood will be a significant and ongoing responsibility.
(3) Encourage programs and court practices that maximize participation of both parents in the child's life and contact with both parents when such is in the child's best interest, regardless of the parents' present marital status, subject to laws regarding abuse, neglect, and dependency.
(4) Encourage both parents to share equitably in the rights and responsibilities of raising their child, even after dissolution of marriage or unwed relationship.
(5) Encourage each parent to establish and maintain a healthy relationship with the other parent to promote the best interest and welfare of the child."
SECTION 18A.22.(b) G.S. 50‑13.2 reads as rewritten:
"§ 50‑13.2. Who entitled to custody; terms of custody; visitation rights of grandparents; taking child out of State; consideration of parent's military service.
(a) An order for custody of a minor child entered pursuant
to this section shall award the custody of such child to such person, agency,
organization or institution as will best promote the interest and welfare of
the child. In making the determination, the court shall consider all relevant factors
factors, including all of the following:
(1) acts Acts of domestic violence
between the parties, parties.
(2) the The safety of the child,
child.
(3) and the The safety of either
party from domestic violence by the other party and shall make findings
accordingly. party.
An order for custody must include findings of fact which that
reflect the consideration of each of these factors and that support the
determination of what is in the best interest of the child.
(a1) Between the mother and father, whether
natural or adoptive, no presumption shall apply as to who will better promote
the interest and welfare of the child. Joint custody to the parents shall be
considered upon the request of either parent.
(b) An order for custody of a minor child may grant joint custody to the parents, exclusive custody to one person, agency, organization, or institution, or grant custody to two or more persons, agencies, organizations, or institutions. Any order for custody shall include such terms, including visitation, as will best promote the interest and welfare of the child. If the court finds that domestic violence has occurred, the court shall enter such orders that best protect the children and party who were the victims of domestic violence, in accordance with the provisions of G.S. 50B‑3(a1)(1), (2), and (3). If a party is absent or relocates with or without the children because of an act of domestic violence, the absence or relocation shall not be a factor that weighs against the party in determining custody or visitation. Absent an order of the court to the contrary, each parent shall have equal access to the records of the minor child involving the health, education, and welfare of the child.
…."
USE OF COURT INFORMATION TECHNOLOGY FUND
SECTION 18A.23. G.S. 7A‑343.2(b) reads as rewritten:
"(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. data connectivity. 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."
CLARIFY AUTHORIZATION TO CONTRACT FOR THE PROVISION OF REMOTE ACCESS TO COURT RECORDS
SECTION 18A.24. G.S. 7A‑109(d) reads as rewritten:
"(d) In order to facilitate public access to court
records, the electronic data processing records or any compilation of
electronic court records or data of the clerks of superior court, except
where public access is prohibited by law, the Director may enter into one or
more nonexclusive contracts under reasonable cost recovery terms with third
parties to provide remote electronic access to the electronic data
processing records or any compilation of electronic court records or
data of the clerks of superior court by the public. Neither the Director
nor the Administrative Office of the Courts is the custodian of the records of
the clerks of superior court or of the electronic data processing records or
any compilation of electronic court records or data of the clerks of superior
court. Costs recovered pursuant to this subsection shall be remitted to the
State Treasurer to be held in the Court Information Technology Fund established
in G.S. 7A‑343.2."
SUBPART XVIII‑B. OFFICE OF INDIGENT DEFENSE SERVICES
INDIGENT DEFENSE SERVICES ANNUAL REPORT DATE CHANGE
SECTION 18B.1. G.S. 7A‑498.9 reads as rewritten:
"§ 7A‑498.9. Annual report on Office of Indigent Defense Services.
The Office of Indigent Defense Services shall report to the
Chairs of the Joint Legislative Oversight Committee on Justice and Public
Safety and to the Chairs of the House of Representatives Subcommittee and
Senate Committees on Justice and Public Safety and the Senate
Appropriations Committee on Justice and Public Safety by February 1 March
15 of each year on the following:
(1) The volume and cost of cases handled in each district by assigned counsel or public defenders;
(2) Actions taken by the Office to improve the cost‑effectiveness and quality of indigent defense services, including the capital case program;
(3) Plans for changes in rules, standards, or regulations in the upcoming year; and
(4) Any recommended changes in law or funding procedures that would assist the Office in improving the management of funds expended for indigent defense services, including any recommendations concerning the feasibility and desirability of establishing regional public defender offices."
OFFICE OF INDIGENT DEFENSE SERVICES/STATE MATCH FOR GRANTS
SECTION 18B.2. Notwithstanding G.S. 143C‑6‑9, the Office of Indigent Defense Services may use the sum of up to fifty thousand dollars ($50,000) during the 2015‑2016 fiscal year from funds available to provide the State matching funds needed to receive grant funds. Prior to using funds for this purpose, the Office shall report to the chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety on the grants to be matched using these funds.
REPORTS ON CRIMINAL CASE INFORMATION SYSTEM
SECTION 18B.3.(a) Section 18B.10 of S.L. 2013‑360, as amended by Section 18A.2 of S.L. 2014‑100, reads as rewritten:
"SECTION 18B.10. The
Administrative Office of the Courts, in consultation with the Office of
Indigent Defense Services, shall use the sum of three hundred fifty thousand
dollars ($350,000) in funds available to the Administrative Office of the
Courts for the 2013‑2015 fiscal biennium and the sum of three hundred
fifty thousand dollars ($350,000) in funds available to the Office of Indigent
Defense Services for the 2013‑2015 fiscal biennium to develop or acquire
and to implement a component of the Department's criminal case information
system for use by public defenders no later than February 1, 2015.
February 1, 2016. The Administrative Office of the Courts shall make
an interim report quarterly reports on the development and
implementation of this system by February 1, 2014, system, including
costs, milestones, and performance measures, and a final report on the
completed implementation of the system by July 1, 2015, July 1, 2016,
to the Chairs of the Joint Legislative Oversight Committee on Justice and
Public Safety and to the Chairs of the House of Representatives and Senate Appropriations
Subcommittee Committees on Justice and Public Safety and the
Senate Appropriations Committee on Justice and Public Safety."
SECTION 18B.3.(b) This section becomes effective June 30, 2015.
STUDY EFFICIENCY OF ESTABLISHING A SYSTEM OF AUTOMATED KIOSKS IN LOCAL CONFINEMENT FACILITIES TO ALLOW ATTORNEYS REPRESENTING INDIGENT DEFENDANTS TO CONSULT WITH THEIR CLIENTS REMOTELY
SECTION 18B.4.(a) The Administrative Office of the Courts, in conjunction with the Office of Indigent Defense Services and the North Carolina Sheriffs' Association, shall study and determine whether savings can be realized through the establishment of a system of fully automated kiosks in local confinement facilities to allow attorneys representing indigent defendants to consult with their clients remotely. The system would incorporate technology through which meetings between attorneys and their clients cannot be monitored or recorded, would provide for end‑to‑end message encryption, and would have scheduling software integrated into the system.
SECTION 18B.4.(b) The Administrative Office of the Courts shall report its findings and recommendations, including recommendations of at least two potential pilot sites for the proposed system, to the chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety and the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety by February 1, 2016.
STUDY FEE SCHEDULEs used by office of indigent defense services
SECTION 18B.5. The Joint Legislative Oversight Committee on Justice and Public Safety shall study the creation and implementation of fee schedules to be used by the Office of Indigent Defense Services to compensate private assigned counsel representing indigent defendants. The Committee shall include its findings and recommendations in its report to the 2015 General Assembly when it reconvenes in 2016.
PART XIX. DEPARTMENT OF CULTURAL RESOURCES – Reserved
PART XX. DEPARTMENT OF INSURANCE
SECTION 20.1. The percentage rate to be used in calculating the insurance regulatory charge under G.S. 58‑6‑25 is six and one‑half percent (6.5%) for the 2016 calendar year.
PART XXI. DEPARTMENT OF THE STATE TREASURER
UPDATE ORBIT RETIREMENT SYSTEM
SECTION 21.1. The Department of State Treasurer, Retirement Systems Division, may use funds from receipts up to eight hundred fifty thousand dollars ($850,000) for the purpose of upgrading the Online Retirement Benefits through Integrated Technology self‑service retirement system and those funds are hereby appropriated for that purpose.
Achieving a Better Life Experience (ABLE) Act
SECTION 21.2.(a) Chapter 147 of the General Statutes is amended by adding a new Article to read:
"Article 6E.
"Achieving Better Life Experience Program Trust.
"§ 147‑86.50. Policy and definitions.
(a) Policy. – The General Assembly of North Carolina hereby finds and declares that encouraging and assisting individuals and families in saving private funds for the purpose of supporting individuals with disabilities, as authorized in the federal Achieving a Better Life Experience (ABLE) Act, to maintain health, independence, and a better quality of life is fully consistent with and furthers the long‑established policy of the State to provide tools that strengthen opportunities for personal economic development and long‑term financial planning.
(b) Definitions. – The following definitions apply in this section:
(1) ABLE account. – An account established and owned by an eligible individual and maintained under this Article. A guardian or agent under a power of attorney may act on behalf of an account owner.
(2) Account owner. – The person who enters into an ABLE savings agreement pursuant to the provisions of this Article. The account owner must be the designated beneficiary.
(3) Board. – The ABLE Program Board of Trustees established in G.S. 147‑86.52.
(4) Contracting state. – A state without a qualified ABLE program that has entered into a contract with North Carolina to provide residents of the contracting state access to a qualified ABLE program.
(5) Designated beneficiary. – The eligible individual who established and owns an ABLE account.
(6) Disability certification. – Defined in 26 U.S.C. § 259A(e)(2).
(7) Eligible individual. – Defined in 26 U.S.C. § 259A(e)(1).
(8) Federal ABLE Act. – Division B of the Tax Increase Prevention Act of 2014, P.L. 113‑295, the Achieving a Better Life Experience Act of 2014.
(9) Member of the family. – A brother, sister, stepbrother, or stepsister.
(10) Qualified disability expense. – As defined in 26 U.S.C. § 529A(e)(5).
"§ 147‑86.51. ABLE Program.
(a) Achieving a Better Life Experience (ABLE) Program Trust. – There is established an ABLE Program Trust to be administered by the ABLE Program Board of Trustees established in G.S. 146‑86.52 to enable contributors to save funds to meet the costs of the qualified disability expenses of eligible individuals.
(b) Accounts. – The following provisions apply to an ABLE account:
(1) An account owner or contributor may establish an account by making an initial contribution to the ABLE Program Trust, signing an application form approved by the Board or its designee, and naming the designated beneficiary. If the contributor is not the account owner, the account owner or the account owner's guardian, trustee, or agent shall also sign the application form.
(2) Any person may make contributions to an account after the account is opened.
(3) Contributions to an account shall be made only in cash.
(4) Contributions to an account shall not exceed maximum contribution limits applicable to program accounts in accordance with the federal ABLE Act.
(5) An account owner may change the designated beneficiary of an account to an eligible individual who is a member of the family of the former designated beneficiary. At the direction of an account owner, all or a portion of an account may be transferred to another account of which the designated beneficiary is a member of the family of the designated beneficiary of the transferee account if the transferee account was created pursuant to this section or in accordance with the federal ABLE Act.
(c) Contributions. – The Board is authorized to accept, hold, invest, and disburse contributions, and interest earned on such contributions, from contributors as trustees of the ABLE Program Trust. The Board shall hold all contributions to the ABLE Program Trust, and any earnings thereon, in the ABLE Program Trust and shall invest the contributions in accordance with this section. The assets of the ABLE Program Trust shall at all times be preserved, invested, and expended for the purpose of providing benefits to designated beneficiaries and paying reasonable expenses of administering the ABLE Program Trust and investing the assets of the ABLE Program Trust. Nothing in this Article shall be construed to prohibit the Board from accepting, holding, and investing contributions from contributors who reside outside of North Carolina. Neither the contributions to the ABLE Program Trust, nor the earnings thereon, shall be considered State moneys, assets of the State, or State revenue for any purpose. An account or a legal or beneficial interest in an account is not subject to attachment, levy, or execution by a creditor of designated beneficiary.
(d) Limitations. – The Board, in administering the ABLE Program Trust, shall ensure each of the following:
(1) A rollover from an ABLE account shall constitute a qualified rollover if the rollover distribution is in accordance with the federal ABLE Act.
(2) A person may make contributions for a taxable year for the benefit of an individual who is an eligible individual for the taxable year to an ABLE account that is established to meet the qualified disability expenses of the designated beneficiary of the account.
(3) A designated beneficiary is limited to one ABLE account.
(4) An ABLE account may be established only for a designated beneficiary who is a resident of North Carolina or a resident of a contracting state.
(5) Except as permitted under the federal ABLE Act, a person does not direct the investment of any contributions to or earnings from the Achieving a Better Life Experience Program more than two times each year.
(6) An account or a legal or beneficial interest in an account is not assignable, pledged, or otherwise used to secure or obtain a loan or other advancement.
(7) Separate records and accounting are maintained for each ABLE account.
(8) Reports are made no less frequently than annually to each ABLE account owner.
(9) A trustee or guardian appointed as a signatory of an ABLE account does not have or acquire any beneficial interest in the account and administers the account for the benefit of the designated beneficiary.
"§ 147‑86.52. ABLE Program Board of Trustees.
(a) Board. – There is established a Board of Trustees to provide oversight of the general administration and proper operation of the ABLE program and to determine the appropriate investment strategy for the ABLE Program Trust. The Board of Trustees shall consist of the following six members:
(1) The State Treasurer, ex officio, or his or her designee, as chair.
(2) The Commissioner of Banks, ex officio, or his or her designee.
(3) The Secretary of the North Carolina Department of Health and Human Services, ex officio, or his or her designee.
(4) A person appointed by the Governor having experience in investments and finance.
(5) A person appointed by the President Pro Tempore of the Senate having experience in advocacy for the disabled.
(6) A person appointed by the Speaker of the House of Representatives that is an immediate family member of an eligible individual or a guardian of an eligible individual.
(b) Terms. – The members of the Board, except those members serving in an ex officio capacity, shall be appointed for terms of three years and shall serve until their successors are appointed and qualified. Vacancies are filled in the same manner as the original appointment. No appointed member of the Board may serve longer than any of the following:
(1) Two consecutive three‑year terms.
(2) Three consecutive terms of any length, in the event that one or more of the terms is for fewer than three years in duration or the member serves a partial term as a result of filling a vacancy.
(3) Eight consecutive years, regardless of term lengths.
(c) Duties. – The Board of Trustees is authorized to:
(1) Delegate the authority to the State Treasurer to develop and perform all functions necessary and desirable to (i) administer the ABLE Program Trust in such a manner as to meet and comply with the requirements of the federal ABLE Act and federal regulations under the act, (ii) implement the investment strategy of the Board, and (iii) provide other services as the Board shall deem necessary to facilitate participation in the ABLE Program Trust.
(2) Notwithstanding provisions of Article 3 of Chapter 143 of the General Statutes, engage the services of consultants on a contract basis for rendering professional and technical assistance and advice.
(3) Retain the services of auditors, attorneys, investment counseling firms, custodians, or other persons or firms possessing specialized skills or knowledge necessary for the proper administration of investment programs that the Board administers pursuant to this Article.
(4) Develop marketing plans and promotional material.
(5) Establish the methods by which the funds held in accounts shall be dispersed.
(6) Establish the method by which funds shall be allocated to pay for administrative costs.
(7) Do all things necessary and proper to carry out the purposes of this act.
(d) Investments. – The Board shall determine and document in an investment policy statement an appropriate investment strategy for the ABLE Program Trust containing one or more forms of investments or strategies for investment from which account owners may select. The Board shall authorize the State Treasurer to be responsible for engaging and discharging investment managers and service providers, including contracting and contract monitoring, to implement the investment strategy established by the Board. All amounts maintained in an account shall be invested according to the account owner's election of one or more of the strategies approved by the Board. Each strategy may include a combination of fixed income assets and preferred or common stocks issued by any company incorporated, or otherwise located within or outside the United States, or other appropriate investment instruments to achieve long‑term return through a combination of capital appreciation and current income. If the Board approves multiple forms of investment as investment strategy options, transfers of an account owner's accumulated funds shall be permitted among the various approved forms of investments, subject to reasonable restrictions approved by the Board.
(e) Discharge of duties by the Board. – The assets of the ABLE Program Trust shall be held in trust for the designated beneficiaries. The assets of the ABLE Program Trust shall at all times be preserved, invested, and expended for the exclusive purpose of providing benefits to designated beneficiaries and paying reasonable expenses of administering the ABLE Program Trust and investing the assets of the ABLE Program Trust. Compliance by the Board with this section must be determined in light of the facts and circumstances existing at the time of the Board's decision or action and not by hindsight. The Board shall discharge its duties with respect to the ABLE Program Trust as follows:
(1) Solely in the interest of the designated beneficiaries.
(2) With the care, skill, and caution under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an activity of like character and purpose.
(3) Impartially, taking into account any differing interests of designated beneficiaries.
(4) Incurring only costs that are appropriate and reasonable.
(5) In accordance with a good‑faith interpretation of the law governing the ABLE Program Trust.
(f) Immunity. – A person serving on the ABLE Board of Trustees shall be immune individually from civil liability for monetary damages, and exempt to the extent covered by insurance, for any act or failure to act arising out of that service except where any of the following apply:
(1) The person was not acting within the scope of that person's official duties.
(2) The person was not acting in good faith.
(3) The person committed gross negligence or willful or wanton misconduct that resulted in the damages or injury.
(4) The person derived an improper personal financial benefit, either directly or indirectly, from the transaction.
(g) Report. – The Board shall submit an annual evaluation of the ABLE savings program and prepare and submit an annual report of such evaluation to the Joint Legislative Oversight Committee on Health and Human Services.
(h) Other States. – With consent of the State Treasurer, the Board may enter into agreements with other states to either (i) allow North Carolina residents to participate in a plan operated by a contracting state with a qualified ABLE program or (ii) allow residents of other states to participate in the qualified North Carolina ABLE Program Trust.
"§ 147‑86.53. Administration of ABLE Program.
(a) Administration. – The Board may delegate to the State Treasurer the authority to develop and perform all functions necessary and desirable to (i) administer the ABLE Program Trust in such a manner as to meet and comply with the requirements of the Federal ABLE Act and federal regulations under the act, (ii) implement the investment strategy established by the Board, and (iii) provide such other services as the State Treasurer shall deem necessary to facilitate participation in the ABLE Program Trust. The State Treasurer is further authorized to obtain the services of such investment managers, investment advisors, service providers, or program managers as may be necessary for the proper administration, marketing, and investment of the ABLE Program Trust.
(b) Disclaimer. – Nothing in this section shall be construed to create any obligation of the State Treasurer, the State, or any agency or instrumentality of the State to guarantee for the benefit of any parent, other interested party, or designated beneficiary the rate of return or other return for any contribution to the ABLE Program Trust and the payment of interest or other return on any contribution to the ABLE Trust Fund.
(c) Fees and Costs. – The State Treasurer may establish application, account, and administration fees in an amount not to exceed the amount necessary to offset the costs of the program. The following costs may be paid directly from the ABLE Program Trust:
(1) The costs of administration, management, investment, and operation of the ABLE Program Trust.
(2) The costs of all actions authorized for the Board.
(3) The costs of all actions delegated to the State Treasurer and his or her staff by the Board under this section. Such costs shall be allocated among the designated beneficiaries in such manner as may be prescribed by the Board. The Board shall no less than annually approve a budget and allocation of costs.
(d) Means‑Tested Programs. – Notwithstanding any other provision of law, an ABLE account shall not be considered a resource for purposes of means‑tested State benefits. Distributions for qualified disability expenses shall not be considered income for any State benefits eligibility program that limits eligibility based on income.
(e) Claim for Medical Assistance Benefits. – To the extent provided in subsection 26 U.S.C. § 529(f), upon the death of a designated beneficiary, the State shall have a claim for payment from the beneficiary's account in an amount equal to the total medical assistance paid for the designated beneficiary after the establishment of the account. The State may file its claim for repayment from the account with the State Treasurer within 60 days of receiving notice from the State Treasurer of the death of the designated beneficiary. Any remaining funds in the beneficiary's account shall be distributed as provided in the account agreement or distributed to the beneficiary's estate if no other designation is made.
(f) Notice of the Death of a Designated Beneficiary. – Within 30 days of the date the State Treasurer receives notice of the death of a designated beneficiary, the State Treasurer shall provide notice of the designated beneficiary's death to the Department of Health and Human Services, Division of Medical Assistance.
(g) Notice to Account Owner for Designated Beneficiary Receiving Medicaid. – Notice of the State's right to file a claim against the estate following the death of a designated beneficiary who received medical assistance must be provided to the account owner. The notice shall be on a form prescribed by the Department of Health and Human Services, Division of Medical Assistance, and shall explain:
(1) The types of Medicaid payments subject to a claim against the estate.
(2) That a claim will not be made if the individual is survived by a legal spouse, a child or children under the age of 21, or a blind or disabled child or children of any age who became blind or disabled before age 21 and still live on the property of the deceased designated beneficiary.
(3) That a claim against the estate is limited to specified conditions.
(4) That a claim against the estate may be waived in the case of undue hardship and the procedure for claiming an undue hardship.
(h) Account information. – The information related to individual ABLE accounts are not public records as defined in Chapter 132 of the General Statutes."
SECTION 21.2.(b) The Department of Health and Human Services shall provide information and assistance to the Department of State Treasurer and shall enter into a data‑sharing agreement with the Department of the State Treasurer for the purpose of the ongoing implementation of this section. The Department of State Treasurer shall consult with other departments as needed.
SECTION 21.2.(c) The Department of State Treasurer and the Department of Health and Human Services are authorized to adopt rules necessary to implement this section.
SECTION 21.2.(d) The State Treasurer shall begin accepting contributions authorized under this section when federal regulations regarding the Achieving a Better Life Experience Program, as provided under the Tax Increase Prevention Act of 2014, Pub. L. No. 113‑295, have been issued and provide the guidance necessary to implement the Achieving a Better Life Experience Trust Fund Program established in this section. If the federal regulations are materially inconsistent with this section, the Board may delay implementation of this section until a change in this section has been made. If the Board delays implementation, the Board shall provide a written report to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate identifying the changes in this section that must be made to be consistent with federal regulation.
SECTION 21.2.(e) The Board authorized in G.S. 147‑86.52 shall be organized immediately after a majority of the members have been qualified or appointed, and have taken the oath of office. The terms for the trustees that are appointed shall be for initial terms to expire June 30, 2018.
SECTION 21.2.(f) This section is effective when it becomes law.
PART XXII. OFFICE OF ADMINISTRATIVE HEARINGS
WAYNESVILLE ADMINISTRATIVE LAW JUDGE/Rules Review Commission counsel
SECTION 22.1.(a) The Office of Administrative Hearings shall identify office space for the administrative law judge to be located in the Town of Waynesville. In selecting office space, the Office of Administrative Hearings shall only consider locations that do not impose an additional financial burden to the State. The Office is authorized to identify other State‑owned properties in the town and work with State officials to locate office space that satisfies the requirements of this section. The Office of Administrative Hearings may provide support staff for the administrative law judge to be located in the Town of Waynesville; provided, there is no additional financial burden to the State as a result.
SECTION 22.1.(b) G.S. 143B‑30.1 is amended by adding a new subsection to read:
"(g) In the discretion of the Commission, G.S. 114‑2.3 and G.S. 147‑17 (a) through (c) shall not apply to the Commission if the Commission is being sued by another agency, institution, department, bureau, board, or commission of the State, whether such body is created by the Constitution or by statute. The chairman, upon approval of a majority of the Commission, may retain private counsel to represent the Commission to be paid with available State funds to defend such litigation either independently or in cooperation with the Department of Justice. If private counsel is to be so retained to represent the Commission, the chairman shall designate lead counsel who shall possess final decision‑making authority with respect to the representation, counsel, or service for the Commission. Other counsel for the Commission shall, consistent with the Rules of Professional Conduct, cooperate with such designated lead counsel."
PART XXIII. OFFICE OF STATE BUDGET AND MANAGEMENT
SECTION 23.1.(a) Of the funds appropriated in this act to the Office of State Budget and Management, Special Appropriations, the sum of one million five hundred thousand dollars ($1,500,000) in recurring funds for the 2015‑2016 fiscal year and the sum of one million five hundred thousand dollars ($1,500,000) in recurring funds for the 2016‑2017 fiscal year shall be allocated to the North Carolina Symphony in accordance with this section. It is the intent of the General Assembly that the North Carolina Symphony raise at least eight million dollars ($8,000,000) in non‑State funds for the 2015‑2016 fiscal year and at least eight million dollars ($8,000,000) in non‑State funds for the 2016‑2017 fiscal year. The North Carolina Symphony shall not use funds transferred from the organization's endowment to its operating budget to achieve the fund‑raising targets set out in subsections (b) and (c) of this section.
SECTION 23.1.(b) For the 2015‑2016 fiscal year, the North Carolina Symphony shall receive allocations from the Office of State Budget and Management as follows:
(1) Upon raising the initial sum of four million dollars ($4,000,000) in non‑State funding, the North Carolina Symphony shall receive the sum of five hundred thousand dollars ($500,000).
(2) Upon raising an additional sum of two million dollars ($2,000,000) in non‑State funding for a total amount of six million dollars ($6,000,000) in non‑State funds, the North Carolina Symphony shall receive an additional sum of five hundred thousand dollars ($500,000).
(3) Upon raising an additional sum of two million dollars ($2,000,000) in non‑State funding for a total sum of eight million dollars ($8,000,000) in non‑State funds, the North Carolina Symphony shall receive the final sum of five hundred thousand dollars ($500,000) for the 2015‑2016 fiscal year.
SECTION 23.1.(c) For the 2016‑2017 fiscal year, the North Carolina Symphony shall receive allocations from the Office of State Budget and Management as follows:
(1) Upon raising the initial sum of four million dollars ($4,000,000) in non‑State funding, the North Carolina Symphony shall receive the sum of five hundred thousand dollars ($500,000).
(2) Upon raising an additional sum of two million dollars ($2,000,000) in non‑State funding for a total amount of six million dollars ($6,000,000) in non‑State funds, the North Carolina Symphony shall receive an additional sum of five hundred thousand dollars ($500,000).
(3) Upon raising an additional sum of two million dollars ($2,000,000) in non‑State funding for a total sum of eight million dollars ($8,000,000) in non‑State funds, the North Carolina Symphony shall receive the final sum of five hundred thousand dollars ($500,000) for the 2016‑2017 fiscal year.
STUDY TRANSITION TO RENT‑BASED MODEL FOR STATE‑OWNED FACILITIES
SECTION 23.3. The Office of State Budget and Management shall study charging State agencies rent to cover the cost of facility management, maintenance, and related costs that are attributable to those agencies. The Office of State Budget and Management shall report the results of the study to the Joint Legislative Oversight Committee on General Government no later than March 1, 2016. The study shall examine all of the following:
(1) Making receipt‑supported all Department of Administration functions that support the management and maintenance of State‑owned facilities.
(2) An appropriate rate to charge agencies for facility management, maintenance, and related costs, and the basis for determining that rate.
(3) Logistical, legal, and budgetary matters that would need to be resolved before the rent‑based model could be implemented.
(4) The desirability of using proceeds from lease payments for financing future building repairs and needs of the State. Any analysis involving the securitizing funds shall be undertaken in consultation with the State Treasurer.
(5) Any other matter the Office of State Budget and Management deems relevant.
PART XXIV. DEPARTMENT OF MILITARY and VETERANS affairs
ESTABLISH DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
CREATION OF DEPARTMENT
SECTION 24.1.(a) The Department of Military and Veterans Affairs is established as a new executive department. All functions, powers, duties, and obligations vested in the following agencies are transferred to, vested in, and consolidated within the Department of Military and Veterans Affairs by a Type I transfer, as defined in G.S. 143A‑6:
(1) The following components of the Department of Administration:
a. The Veterans' Affairs Commission.
b. The Governor's Jobs for Veterans Committee.
c. The Division of Veterans Affairs.
(2) The North Carolina Military Affairs Commission in the Office of the Governor.
SECTION 24.1.(b) Chapter 143B of the General Statutes is amended by adding a new Article to read:
"Article 14.
"Department of Military and Veterans Affairs.
"Part 1. General Provisions.
"§ 143B‑1210. Organization.
(a) There is established the Department of Military and Veterans Affairs. The head of the Department of Military and Veterans Affairs is the Secretary of Military and Veterans Affairs, who shall be known as the Secretary.
(b) The powers and duties of the deputy secretaries and the divisions and directors of the Department shall be subject to the direction and control of the Secretary of Military and Veterans Affairs.
"§ 143B‑1211. Powers and duties of the Department of Military and Veterans Affairs.
It shall be the duty of the Department of Military and Veterans Affairs to do all of the following:
(1) Provide active outreach to the United States Department of Defense and the United States Department of Homeland Security and their associated establishments in North Carolina in order to support the military installations and activities in the State, to enhance North Carolina's current military‑friendly environment and foster and promote business, technology, transportation, education, economic development, and other efforts in support of the mission, execution, and transformation of the United States government military and national defense activities located in the State.
(2) Promote the industrial and economic development of localities included in or adjacent to United States government military and national defense activities and those of the State.
(3) Provide technical assistance and coordination between the State, its political subdivisions, and the United States military and national defense activities within the State of North Carolina.
(4) Award grants to local governments, State and federal agencies, and private entities at the direction of the Secretary. The number of grants awarded and the level of funding of each grant for each fiscal year shall be contingent upon and determined by funds appropriated for that purpose by the General Assembly.
(5) Provide active outreach to the United States Department of Veterans Affairs, the veterans service organizations, and the veterans community in North Carolina to support and assist North Carolina's veterans in identifying and obtaining the services, assistance, and support to which they are entitled, including monitoring efforts to provide services to veterans, newly separated service members, and their immediate family members and disseminating relevant materials.
(6) Monitor and enhance efforts to provide assistance and support for veterans living in North Carolina and members of the North Carolina National Guard and North Carolina residents in the Armed Forces Reserves not in active federal service in the areas of (i) medical care, (ii) mental health and rehabilitative services, (iii) housing, (iv) homelessness prevention, (v) job creation, and (vi) education.
(7) Seek and receive monies from any source, including federal funds, gifts, grants, and devises, which shall be expended for the purposes designated in this Article.
(8) Provide active outreach, coordination, formal training and standards, and official certification to localities of the State and veterans support organizations in the development, implementation, and review of local veterans services programs as part of the State program.
(9) Work with veterans services organizations and counterparts in other states to monitor and encourage the timely and accurate processing of veterans' benefit requests by the United States Department of Veterans Affairs, including requests for service connected to health care, mental health care, and disability payments.
(10) Manage and maintain the State's veterans nursing homes and cemeteries and their associated assets to the standard befitting those who have worn the uniform of the Armed Forces according to federal guidelines. Plan for expansion and grow the capacity of these facilities and any new facilities as required pending the availability of designated funds.
(11) Manage and maintain the State's Scholarships for Children of Wartime Veterans in accordance with Part 2 of Article 14 of Chapter 143B of the General Statutes and in support of the Veterans' Affairs Commission.
(12) Provide administrative, organizational, and funding support to the NC Military Affairs Commission and the Governor's Working Group for Veterans.
(13) Work with federal officials to obtain additional federal resources and coordinate veterans policy development and information exchange.
(14) Work with the appropriate heads of the principal departments to coordinate working relationships between State agencies and take all actions necessary to ensure that available federal and State resources are directed toward assisting veterans and addressing all issues of mutual concern to the State and the Armed Forces of the United States, including, but not limited to, quality of life issues unique to North Carolina's military personnel and their families, the quality of educational opportunities for military children, the future of federal impact aid, preparedness, public safety and security concerns, transportation needs, alcoholic beverage law enforcement, substance abuse, social service needs, possible expansion and growth of military facilities in the State, and intergovernmental support agreements with state and local governments.
(15) Educate the public on veterans and defense issues in coordination with applicable State agencies.
(16) Adopt rules and procedures for the implementation of this section.
(17) Assist veterans, their families, and dependents in the presentation, processing, proof, and establishment of such claims, privileges, rights, and benefits as they may be entitled to under federal, State, or local laws, rules, and regulations.
(18) Aid persons in active military service and their dependents with problems arising out of that service that come reasonably within the purview of the Department's program of assistance.
(19) Collect data and information as to the facilities and services available to veterans, their families, and dependents and to cooperate with agencies furnishing information or services throughout the State in order to inform such agencies regarding the availability of (i) education, training, and retraining facilities; (ii) health, medical, rehabilitation, and housing services and facilities; (iii) employment and reemployment services; and (iv) provisions of federal, State, and local laws, rules, and regulations affording rights, privileges, and benefits to veterans, their families, and dependents, and in respect to such other matters of similar, related, or appropriate nature not herein set out.
(20) Establish such field offices, facilities, and services throughout the State as may be necessary to carry out the purposes of this Article.
(21) Cooperate, as the Department deems appropriate, with governmental, private, and civic agencies and instrumentalities in securing services or benefits for veterans, their families, dependents, and beneficiaries.
(22) Enter into any contract or agreement with any person, business, governmental agency, or other entity in furtherance of the purposes of this Article.
(23) Train, assist, and provide guidance to the employees of any county, city, town, or Indian tribe who are engaged in veterans service. Authority is hereby granted to the governing body of any county, city, or town to appropriate such amounts as it may deem necessary to provide a veterans services program, and the expenditure of such funds is hereby declared to be for a public purpose; such program shall be operated in affiliation with this Department as set forth above and in compliance with Department policies and procedures.
"§ 143B‑1212. Personnel of the Department of Military and Veterans Affairs.
Notwithstanding G.S. 114‑2.3, the Secretary of Military and Veterans Affairs shall have the power to appoint all employees, including consultants and legal counsel, necessary to carry out the powers and duties of the office. These employees shall be subject to the North Carolina Human Resources Act, except that employees in positions designated as exempt under G.S. 126‑5(d)(1) are not subject to the Act, in accordance with the provisions of that section.
"§ 143B‑1213. Definitions.
Except where provided otherwise, the following definitions apply in this Chapter:
(1) Department. – The Department of Military and Veterans Affairs.
(2) Secretary. – The Secretary of Military and Veterans Affairs.
(3) Veteran. – One of the following, as applicable:
a. For qualifying as a voting member of the State Board of Veterans Affairs and as the State Director of Veterans Affairs, a person who served honorably during a period of war as defined in Title 38, United States Code.
b. For entitlement to the services of the Department of Military and Veterans Affairs, any person who may be entitled to any benefits or rights under the laws of the United States by reason of service in the Armed Forces of the United States."
CREATION OF STATUTORY PARTS AND RECODIFICATION AND REPEAL OF AFFECTED STATUTES
SECTION 24.1.(c) Veterans' Affairs Commission. – Part 13 of Article 9 of Chapter 143B of the General Statutes is recodified as Part 2 of Article 14 of Chapter 143B of the General Statutes and renumbered as G.S. 143B‑1220 through G.S. 143B‑1222. G.S. 165‑19 through G.S. 165‑22.1 are recodified under that Part as G.S. 143B‑1223 through G.S. 143B‑1227.
SECTION 24.1.(d) Governor's Jobs for Veterans Committee. – Part 19 of Article 9 of Chapter 143B of the General Statutes is recodified as Part 3 of Article 14 of Chapter 143B of the General Statutes and renumbered as G.S. 143B‑1235 and G.S. 143B‑1236.
SECTION 24.1.(e) Division of Veterans Affairs. – G.S. 165‑1 through G.S. 165‑4, G.S. 165‑6, 165‑8, and 165‑10 are repealed. G.S. 165‑9, 165‑11, and 165‑11.1 are recodified under Part 1 of Article 14 of Chapter 143B of the General Statutes as G.S. 143B‑1214 through G.S. 143B‑1216, respectively.
SECTION 24.1.(f) Minor Veterans and Minor Spouses of Veterans. – Article 2 of Chapter 165 of the General Statutes is recodified as Part 4 of Article 14 of Chapter 143B of the General Statutes, G.S. 143B‑1240 through G.S. 143B‑1244. Article 3 of Chapter 165 of the General Statutes is recodified as Part 5 of Article 14 of Chapter 143B of the General Statutes, G.S. 143B‑1247 and G.S. 143B‑1248.
SECTION 24.1.(g) Veterans Recreation Authorities Law. – Article 5 of Chapter 165 of the General Statutes is recodified as Part 6 of Article 14 of Chapter 143B of the General Statutes, G.S. 143B‑1250 through G.S. 143B‑1265.
SECTION 24.1.(h) Powers of Attorney. – Article 6 of Chapter 165 of the General Statutes is recodified as Part 7 of Article 14 of Chapter 143B of the General Statutes, G.S. 143B‑1270 though G.S. 143B‑1273.
SECTION 24.1.(i) Miscellaneous Provisions. – Article 7 of Chapter 165 of the General Statutes is recodified as Part 8 of Article 14 of Chapter 143B of the General Statutes, G.S. 143B‑1275 through G.S. 143B‑1277.
SECTION 24.1.(j) Employment Assistance. – Article 7A of Chapter 165 of the General Statutes is recodified as Part 9 of Article 14 of Chapter 143B of the General Statutes, G.S. 143B‑1280 through G.S. 143B‑1285.
SECTION 24.1.(k) State Veterans Home. – Article 8 of Chapter 165 of the General Statutes is recodified as Part 10 of Article 14 of Chapter 143B of the General Statutes, G.S. 143B‑1290 through G.S. 143B‑1300.
SECTION 24.1.(l) North Carolina Military Affairs Commission. – Chapter 127C of the General Statutes is recodified as Part 11 of Article 14 of Chapter 143B of the General Statutes, G.S. 143B‑1310 through G.S. 143B‑1314.
CONFORMING CHANGES
SECTION 24.1.(m) G.S. 20‑79.4 reads as rewritten:
"§ 20‑79.4. Special registration plates.
…
(a2) Special Plates Based Upon Military Service. – The Division
of Veterans Affairs Department of Military and Veterans Affairs shall
be responsible for verifying and maintaining all verification documentation for
all special plates that are based upon military service. The Division Department
shall not issue a special plate that is based on military service unless
the application is accompanied by a motor vehicle registration (MVR)
verification form signed by the Director of the Division of Veterans
Affairs, Secretary of Military and Veterans Affairs, or the Director's
Secretary's designee, showing that the Division of Veterans
Affairs Department of Military and Veterans Affairs has verified the
applicant's credentials and qualifications to hold the special plate applied
for.
(1) Unless a qualifying condition exists requiring annual verification, no additional verification shall be required to renew a special registration plate either in person or through an online service.
(2) If the Division of Veterans Affairs Department
of Military and Veterans Affairs determines a special registration plate
has been issued due to an error on the part of the Division of Motor Vehicles,
the plate shall be recalled and canceled.
(3) If the Division of Veterans Affairs Department
of Military and Veterans Affairs determines a special registration plate
has been issued to an applicant who falsified documents or has fraudulently
applied for the special registration plate, the Division of Motor Vehicles
shall revoke the special plate and take appropriate enforcement action.
…."
SECTION 24.1.(n) G.S. 20‑79.5 reads as rewritten:
"§ 20‑79.5. Special registration plates for elected and appointed State government officials.
(a) Plates. – The State government officials listed in this section are eligible for a special registration plate under G.S. 20‑79.4. The plate shall bear the number designated in the following table for the position held by the official.
Position Number on Plate
Governor 1
Lieutenant Governor 2
…
Secretary of Military and Veterans Affairs 22
Governor's Staff 22‑23‑29
…."
SECTION 24.1.(o) G.S. 47‑113.2 reads as rewritten:
"§ 47‑113.2. Restricting access to military discharge documents.
…
(b) Definitions:
(1) Authorized party. – Four categories of authorized parties are recognized with respect to access to military discharge documents under subsection (e) of this section:
…
c. Authorized agents of the Division of Veterans
Affairs, Department of Military and Veterans Affairs, the United
States Department of Veterans Affairs, the Department of Defense, or a court
official with an interest in assisting the subject or the deceased subject's
beneficiaries to obtain a benefit.
…
(h) The North Carolina Association of Registers of
Deeds and the Division of Veterans Affairs Department of Military and
Veterans Affairs shall adopt before January 1, 2004, such request
forms and associated rules as are required to implement the provisions of this
section. All filing offices shall use the forms and comply with the rules, as
adopted.
…."
SECTION 24.1.(p) G.S. 65‑43.4(b) reads as rewritten:
"(b) A disinterment may be permitted, at no cost to the State, when the following conditions are satisfied:
(1) The disinterment is requested in writing and filed
with the Program Director of the veterans cemeteries, the Assistant Secretary
for Veterans Affairs, or the Division of Veterans Affairs;Department
of Military and Veterans Affairs;
(2) The request for disinterment contains the notarized signature of the nearest of kin, such as surviving spouse. If the spouse is deceased, the signatures of a majority of the surviving children of legal age will be required;
(3) The funeral director has obtained all necessary permits for disinterment."
SECTION 24.1.(q) G.S. 65‑43.5 reads as rewritten:
"§ 65‑43.5. Reinterment.
(a) The remains of a qualified veteran or the remains of an eligible family member may be moved to a State veterans cemetery for reinterment, at no cost to the State, when the following conditions are satisfied:
…
(2) The reinterment is requested in writing and filed
with the Program Manager of veterans cemeteries, the Assistant Secretary for
Veterans Affairs, or the Division of Veterans Affairs; andDepartment
of Military and Veterans Affairs;
…."
SECTION 24.1.(r) G.S. 93B‑15.1(c1) reads as rewritten:
"(c1) Each occupational licensing board shall
publish a document that lists the specific criteria or requirements for
licensure, registration, or certification by the board, with a description of
the criteria or requirements that are satisfied by military training or
experience as provided in this section, and any necessary documentation needed
for obtaining the credit or satisfying the requirement. The information
required by this subsection shall be published on the occupational licensing
board's Web site and the Web site of the North Carolina Division of Veterans
Affairs.Department of Military and Veterans Affairs."
SECTION 24.1.(s) G.S. 116‑209.23 reads as rewritten:
"§ 116‑209.23. Inconsistent laws inapplicable.
Insofar as the provisions of this Article are inconsistent
with the provisions of any general or special laws, or parts thereof, the
provisions of this Article shall be controlling, except that no provision of
the 1971 amendments to this Article shall apply to scholarships for children of
war veterans as set forth in Article 4 of Chapter 165,Part 2 of
Article 14 of Chapter 143B of the General Statutes, as amended."
SECTION 24.1.(t) G.S. 116B‑7(b) reads as rewritten:
"(b) An amount specified in the Current Operations
Appropriations Act shall be transferred annually from the Escheat Fund to the
Department of Administration Military and Veterans Affairs to
partially fund the program of Scholarships for Children of War Veterans
established by Article 4 of Chapter 165 Part 2 of Article 14 of
Chapter 143B of the General Statutes. Those funds may be used only for
residents of this State who (i) are worthy and needy as determined by the
Department of Administration,Military and Veterans Affairs and
(ii) are enrolled in public institutions of higher education of this State."
SECTION 24.1.(u) G.S. 126‑2(b1)(5) reads as rewritten:
"(b1) The Commission shall consist of nine members, appointed as follows:
…
(5) One member who is a veteran of the Armed Forces of
the United States appointed by the Governor upon the nomination of the Veterans
Veterans' Affairs Commission and who is a State employee subject to
this Chapter serving in a nonexempt supervisory position. The member may not be
a human resources professional."
SECTION 24.1.(v) G.S. 126‑5(d)(1) is amended by adding a new sub‑subdivision to read:
"(d) (1) Exempt Positions in Cabinet Department. – Subject to the provisions of this Chapter, which is known as the North Carolina Human Resources Act, the Governor may designate a total of 1,500 exempt positions throughout the following departments and offices:
a. Department of Administration.
b. Department of Commerce.
c. Repealed by Session Laws 2012‑83, s. 7, effective June 26, 2012, and by Session Laws 2012‑142, s. 25.2E(a), effective January 1, 2013.
d. Department of Public Safety.
e. Department of Cultural Resources.
f. Department of Health and Human Services.
g. Department of Environment and Natural Resources.
h. Department of Revenue.
i. Department of Transportation.
j. Repealed by Session Laws 2012‑83, s. 7, effective June 26, 2012, and by Session Laws 2012‑142, s. 25.2E(a), effective January 1, 2013.
k. Office of Information Technology Services.
l. Office of State Budget and Management.
m. Office of State Human Resources.
n. Department of Military and Veterans Affairs."
SECTION 24.1.(w) G.S. 127C‑1, as recodified by subsection (l) of this section, reads as rewritten:
"§ 143B‑1310. Commission established; purpose; transaction of business.
(a) Establishment. – There is established the North
Carolina Military Affairs Commission. The Commission shall be established
within the Office of the Governor. The Department of Commerce is responsible
for organizational, budgetary, and administrative purposes.Department of
Military and Veterans Affairs.
(b) Purpose. – The Commission shall provide advice,
counsel, and recommendations to the Governor, the General Assembly, the
Secretary of Commerce,Military and Veterans Affairs, and other
State agencies on initiatives, programs, and legislation that will continue and
increase the role that North Carolina's military installations, the National
Guard, and Reserves play in America's defense strategy and the economic health
and vitality of the State. The Commission is authorized to:to do all
of the following, as delegated by the Secretary of Military and Veterans
Affairs:
…
(c) Transaction of Business. – The Commission shall
meet, at a minimum, at least once during each quarter and shall provide a
report on military affairs to the Governor Secretary of Military and
Veterans Affairs and to the General Assembly at least every six months.
Prior to the start of a Regular Session of the General Assembly, the Commission
shall report to the General Assembly with recommendations, if any, for
legislation. Priority actions or issues may be submitted at any time.
…."
SECTION 24.1.(x) G.S. 127C‑2(h), as recodified by subsection (l) of this section, reads as rewritten:
"(h) The initial meeting of the Commission shall
be within 30 days of the effective date of this act at a time and place to be
determined by the Secretary of Commerce. The first order of business at the
initial meeting of the Commission shall be the adoption of bylaws and
establishment of committees, after which the Commission shall meet upon the
call of the Chairman or the Military Advisor within the Office of the
Governor. or the Secretary of the Department of Military and Veterans
Affairs. The members shall receive no compensation for attendance at
meetings, except a per diem expense reimbursement. Members of the Commission
who are not officers or employees of the State shall receive reimbursement for
subsistence and travel expenses at rates set out in G.S. 138‑5 from
funds made available to the Commission. Members of the Commission who are
officers or employees of the State shall be reimbursed for travel and
subsistence at the rates set out in G.S. 138‑6 from funds made
available to the Commission. The Department of Commerce Military and
Veterans Affairs shall use funds within its budget for the per diem,
subsistence, and travel expenses authorized by this subsection."
SECTION 24.1.(y) G.S. 127C‑3, as recodified by subsection (l) of this section, is repealed.
SECTION 24.1.(z) G.S. 127C‑5, as recodified by subsection (l) of this section, reads as rewritten:
"§ 143B‑1314. Protection of sensitive documents.
(a) In carrying out any purpose set out in G.S. 127C‑1(b),
G.S. 143B‑1310(b), the Commission and the Department of Commerce
Military and Veterans Affairs may share documents and discussions
protected from disclosure under G.S. 132‑1.2 and G.S. 143‑318.11
with other public bodies. Any information shared under this subsection shall be
confidential and exempt from Chapter 132 of the General Statutes to the same
extent that it is confidential in the possession of the Commission or the
Department.
(b) In carrying out any purpose set out in G.S. 127C‑1(b),
G.S. 143B‑1310(b), the Commission and the Department of Commerce
Military and Veterans Affairs may share documents and discussions
protected from disclosure under G.S. 132‑1.2 and G.S. 143‑318.11
with any third party in its discretion. Any information shared under this
subsection shall be shared under an agreement to keep the information
confidential to the same extent that it is confidential in the possession of
the Commission or the Department."
SECTION 24.1.(aa) G.S. 143B‑6 is amended by adding a new subdivision to read:
"§ 143B‑6. Principal departments.
In addition to the principal departments enumerated in the Executive Organization Act of 1971, all executive and administrative powers, duties, and functions not including those of the General Assembly and its agencies, the General Court of Justice and the administrative agencies created pursuant to Article IV of the Constitution of North Carolina, and higher education previously vested by law in the several State agencies, are vested in the following principal departments:
…
(12) Department of Military and Veterans Affairs."
SECTION 24.1.(bb) G.S. 143B‑399, as recodified and renumbered by subsection (c) of this section, reads as rewritten:
"§ 143B‑1220. Veterans' Affairs Commission – creation, powers and duties.
There is hereby created the Veterans' Affairs Commission of
the Department of Administration. of Military and Veterans Affairs. The
Veterans' Affairs Commission shall have the following functions and duties:duties,
as delegated by the Secretary of Military and Veterans Affairs:
(1) To advise the Governor Secretary of
Military and Veterans Affairs on matters relating to the affairs of
veterans in North Carolina;
(2) To maintain a continuing review of the operation
and budgeting of existing programs for veterans and their dependents in the
State and to make any recommendations to the Governor Secretary of
Military and Veterans Affairs for improvements and additions to such
matters to which the Governor Secretary shall give due consideration;
(3) To serve collectively as a liaison
between the Division of Veterans Affairs and the veterans organizations
represented on the Commission;
(4) To promulgate rules and regulations concerning the
awarding of scholarships for children of North Carolina veterans as provided by
Article 4 of Chapter 165 of the General Statutes of North Carolina. this
Article. The Commission shall make rules and regulations consistent with
the provisions of this Chapter. Article. All rules and
regulations not inconsistent with the provisions of this Chapter heretofore
adopted by the State Board of Veterans' Affairs shall remain in full force and
effect unless and until repealed or superseded by action of the Veterans Veterans'
Affairs Commission. All rules and regulations adopted by the Commission
shall be enforced by the Division of Veterans' Affairs;Department of
Military and Veterans Affairs;
(4a) To promulgate rules concerning the awarding of the
North Carolina Services Medal to all veterans who have served in any period of
war as defined in 38 U.S.C. § 101. The award shall be self‑financing;
those who wish to be awarded the medal shall pay a fee to cover the expenses of
producing the medal and awarding the medal. All rules adopted by the Commission
with respect to the North Carolina Services Medal shall be implemented and
enforced by the Division of Veterans' Affairs;Department of Military
and Veterans Affairs; and
(5) To advise the Governor Secretary on
any matter the Governor Secretary may refer to it."
SECTION 24.1.(cc) G.S. 143B‑400, as recodified and renumbered by subsection (c) of this section, reads as rewritten:
"§ 143B‑1221. Veterans' Affairs Commission – members; selection; quorum; compensation.
The Veterans' Affairs Commission of the Department of Administration
Military and Veterans Affairs shall consist of one voting member
from each congressional district, all of whom shall be veterans, appointed by
the Governor for four‑year terms. In making these appointments, the
Governor shall insure that both major political parties will be continuously
represented on the Veterans' Affairs Commission.
The initial members of the Commission shall be the appointed members of the current Veterans' Affairs Commission who shall serve for the remainder of their current terms and six additional members appointed by the Governor for terms expiring June 30, 1981. Thereafter, all members shall be appointed for terms of four years. Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death or disability of a member shall be for the balance of the unexpired term. The Governor shall have the power to remove any member of the Commission in accordance with provisions of G.S. 143B‑13.
In the event that more than 11 congressional districts are established in the State, the Governor shall on July 1 following the establishment of such additional congressional districts appoint a member of the Commission from that congressional district. If on July 1, 1977, or at any time thereafter due to congressional redistricting, two or more members of the Veterans' Affairs Commission shall reside in the same congressional district then such members shall continue to serve as members of the Commission for a period equal to the remainder of their current terms on the Commission provided that upon the expiration of said term or terms the Governor shall fill such vacancy or vacancies in such a manner as to insure that as expeditiously as possible there is one member of the Veterans' Affairs Commission who is a resident of each congressional district in the State.
The Governor shall designate from the membership of the
Commission a chairman and vice‑chairman of the Commission who shall
serve at the pleasure of the Governor. The Secretary of the Department of Administration
Military and Veterans Affairs or his designee shall serve as
secretary of the Commission.
Members of the Commission shall receive per diem and necessary travel and subsistence expenses in accordance with provisions of G.S. 138‑5.
A majority of the Commission shall constitute a quorum for the transaction of business.
The Veterans' Affairs Commission shall meet at least twice a
year and may hold special meetings at any time or place within the State at the
call of the chairman, at the call of the Secretary of the Department of Administration
Military and Veterans Affairs or upon the written request of at
least six members.
All clerical and other services required by the Commission
shall be provided by the Secretary of the Department of Administration.Military
and Veterans Affairs."
SECTION 24.1.(dd) G.S. 143B‑420, as recodified by subsection (d) of this section, reads as rewritten:
"§ 143B‑1235. Governor's Jobs for Veterans Committee – creation; appointment, organization, etc.; duties.
(a) There is hereby created and established in the
North Carolina Department of Administration, Division of Veterans Affairs, Military
and Veterans Affairs, a committee to be known as the Governor's Jobs for
Veterans Committee, with one member from each Congressional district, appointed
by the Governor. Members of the Committee shall serve at the pleasure of the
Governor. The Secretary of Administration, Military and Veterans
Affairs with the concurrence of the Governor, shall appoint a chairman to
administer this Committee who shall be subject to the direction and supervision
of the Secretary. The chairman shall serve at the pleasure of the Secretary.
The chairman shall devote full time to his duties of office.
(b) Subject to the general supervision of the
Secretary, the The duties of the chairman shall include but not be
limited to the following:following, as delegated by the Secretary of
Military and Veterans Affairs:
(1) Serving as a liaison between the Office of the Governor and all State agencies to insure that veterans receive the employment preference to which they are legally entitled and that such State agencies list available jobs with appropriate public employment services;
(2) Evaluating existing programs designed to benefit veterans and submitting reports and recommendations to the Governor and Secretary;
(3) Developing and furthering favorable employer attitudes toward the employment of veterans by appropriate promulgation of information concerning veterans and the functions of the Committee;
(4) Serving as a liaison between the Committee and communities throughout the State to the end that civic committees and volunteer groups are formed and utilized to promote the objectives of the Committee;
(5) Assisting employers in properly designing affirmative action plans as they relate to handicapped and Vietnam‑era veterans;
(6) Serving as a liaison between veterans and State agencies on questions regarding the employment practices of such State agencies."
SECTION 24.1.(ee) G.S. 161‑10.1 reads as rewritten:
"§ 161‑10.1. Exemption of Armed Forces discharge documents and certain other records needed in support of claims for veterans' benefits.
Any schedule of fees which is now or may be prescribed in
Chapter 161 of the General Statutes or in G.S. 161‑10 shall not apply
to nor shall the same repeal any of the provisions of Article 5 of Chapter 47
of the General Statutes. Any schedule of fees which is now or may be hereafter
prescribed in Chapter 161 of the General Statutes or as may appear in G.S. 161‑10
shall not apply to nor shall the same repeal any of the provisions of G.S. 165‑11.G.S. 143B‑1215."
SECTION 24.1.(ff) G.S. 165‑11, as recodified by subsection (e) of this section, reads as rewritten:
"§ 143B‑1215.
Copies of records to be furnished to the Department of Administration.Military
and Veterans Affairs.
(a) Whenever copies of any State and local public
records are requested by a representative of the Department of Administration
Military and Veterans Affairs in assisting persons in obtaining any
federal, State, local or privately provided benefits relating to veterans and
their beneficiaries, the official charged with the custody of any such records
shall without charge furnish said representative with the requested number of
certified copies of such records; provided, that this section shall not apply
to the disclosure of information in certain privileged and confidential records
referred to elsewhere in the General Statutes of North Carolina, which
information shall continue to be disclosed in the manner prescribed by the
statute relating thereto.
(b) No official chargeable with the collection of any fee or charge under the laws of the State of North Carolina in connection with his official duties shall be held accountable on his official bond or otherwise for any fee or charge remitted pursuant to the provisions of this section."
SECTION 24.1.(gg) G.S. 165‑11.1, as recodified by subsection (e) of this section, reads as rewritten:
"§ 143B‑1216.
Confidentiality of Veterans Affairs Department of Military and Veterans
Affairs records.
Notwithstanding any other provisions of Chapter 143B, no
records of the Division of Veterans Affairs in the Department of
Administration Department of Military and Veterans Affairs shall be
disclosed or used for any purpose except for official purposes, and no records
shall be disclosed, destroyed or used in any manner which is in violation of
any existing federal law or regulation. Nothing in this Chapter shall convert
records which are the property of the federal government into State property."
SECTION 24.1.(hh) G.S. 165‑20, as recodified by subsection (c) of this section, reads as rewritten:
"§ 143B‑1224. Definitions.
As used in this Article the terms defined in this section shall have the following meaning:
…
(3) "Child" means a person: (i) under 25 years of age at the time of application for a scholarship, (ii) who is a domiciliary of North Carolina and is a resident of North Carolina when applying for a scholarship, (iii) who has completed high school or its equivalent prior to receipt of a scholarship awarded under this Article, (iv) who has complied with the requirements of the Selective Service System, if applicable, and (v) who further meets one of the following requirements:
a. A person whose veteran parent was a legal resident
of North Carolina at the time of said veteran's entrance into that period of
service in the Armed Forces during which eligibility is established under G.S. 165‑22.G.S. 143B‑1226.
b. A veteran's child who was born in North Carolina
and has been a resident of North Carolina continuously since birth. Provided,
that the requirement in the preceding sentence as to birth in North Carolina
may be waived by the Department of Administration Military and
Veterans Affairs if it is shown to the satisfaction of the Department that
the child's mother was a native‑born resident of North Carolina and was
such resident at the time of her marriage to the veteran and was outside the
State temporarily at the time of the child's birth, following which the child
was returned to North Carolina within a reasonable period of time where said
child has since lived continuously.
c. A person meeting either of the requirements set forth in subdivision (3) a or b above, and who was legally adopted by the veteran prior to said person's reaching the age of 15 years.
…
(5) "Private educational institution" means
any junior college, senior college or university which is operated and governed
by private interests not under the control of the federal, State or any local
government, which is located within the State of North Carolina, which does not
operate for profit, whose curriculum is primarily directed toward the awarding
of associate, baccalaureate or graduate degrees, which agrees to the applicable
administration and funding provisions of G.S. 165‑22.1, G.S. 143B‑1227,
of this Article, and which is otherwise approved by the State Board of
Veterans Affairs.
…."
SECTION 24.1.(ii) G.S. 165‑21, as recodified by subsection (c) of this section, reads as rewritten:
"§ 143B‑1225. Scholarship.
(a) A scholarship granted pursuant to this Article shall consist of the following benefits in either a State or private educational institution:
…
(2) With respect to private educational institutions, a
scholarship shall consist of a monetary allowance as prescribed in G.S. 165‑22.1(d).G.S. 143B‑1227(d).
…."
SECTION 24.1.(jj) G.S. 165‑22, as recodified by subsection (c) of this section, reads as rewritten:
"§ 143B‑1226. Classes or categories of eligibility under which scholarships may be awarded.
A child, as defined in this Article, who falls within the provisions of any eligibility class described below shall, upon proper application be considered for a scholarship, subject to the provisions and limitations set forth for the class under which the child is considered:
…
(2) Class I‑B: Under this class a limited
scholarship providing only those benefits set forth in G.S. 165‑21(1)a
and d and 165‑21(2) of this Article, G.S. 143B‑1225(a)(1)a.
and d. and G.S. 143B‑1225(a)(2) shall be awarded to any child
whose veteran parent, at the time the benefits pursuant to this Article are
sought to be availed of, is or was at the time of his death receiving
compensation for a wartime service‑connected disability of one hundred
percent (100%) as rated by the United States Department of Veterans Affairs.
Provided, that if the veteran parent of a recipient under this class should die
of his wartime service‑connected condition before the recipient shall
have utilized all of his scholarship eligibility time, then the North Carolina
Department of Administration Military and Veterans Affairs shall
amend the recipient's award from Class I‑B to Class I‑A for the
remainder of the recipient's eligibility time. The effective date of such an
amended award shall be determined by the Department of Administration, Military
and Veterans Affairs but, in no event shall it predate the date of the
veteran parent's death.
…
(4) Class III: Under this class a scholarship may be awarded to not more than 100 children yearly, each of whose veteran parent, at the time the benefits pursuant to this Article are sought to be availed of:
a. Is or was at the time of his death drawing pension for permanent and total disability, nonservice‑connected, as rated by the United States Department of Veterans Affairs.
b. Is deceased and who does not fall within the
provisions of any other eligibility class described in G.S. 165‑22(1),
G.S. 143B‑1226(1), (2), (3), (4)a., nor (5).
c. Served in a combat zone, or waters adjacent to a
combat zone, or any other campaign, expedition, or engagement for which the
United States Department of Defense authorizes a campaign badge or medal, who
does not fall within the provisions of any other class described in G.S. 165‑22(1),
G.S. 143B‑1226(1), (2), (3), (4)a., or (5).
(5) Class IV: Under this class a scholarship as defined
in G.S. 165‑21 G.S. 143B‑1225 shall be
awarded to any child whose parent, while serving honorably as a member of the
Armed Forces in active federal service during a period of war, as defined in G.S. 165‑20(4),
G.S. 143B‑1224(4), was listed by the United States
government as (i) missing in action, (ii) captured in line of duty by a hostile
force, or (iii) forcibly detained or interned in line of duty by a foreign
government or power."
SECTION 24.1.(kk) G.S. 165‑22.1, as recodified by subsection (c) of this section, reads as rewritten:
"§ 143B‑1227. Administration and funding.
(a) The administration of the scholarship program
shall be vested in the Department of Administration, Military and
Veterans Affairs, and the disbursing and accounting activities required
shall be a responsibility of the Department of Administration. Military
and Veterans Affairs. The Veterans Veterans' Affairs
Commission shall determine the eligibility of applicants, select the
scholarship recipients, establish the effective date of scholarships, and may
suspend or revoke scholarships if the said Veterans Veterans' Affairs
Commission finds that the recipient does not comply with the registration
requirements of the Selective Service System or does not maintain an adequate
academic status, or if the recipient engages in riots, unlawful demonstrations,
the seizure of educational buildings, or otherwise engages in disorderly
conduct, breaches of the peace or unlawful assemblies. The Department of Administration
Military and Veterans Affairs shall maintain the primary and
necessary records, and the Veterans Veterans' Affairs Commission
shall promulgate such rules and regulations not inconsistent with the other
provisions of this Article as it deems necessary for the orderly administration
of the program. It may require of State or private educational institutions, as
defined in this Article, such reports and other information as it may need to
carry out the provisions of this Article. The Department of Administration Military
and Veterans Affairs shall disburse scholarship payments for recipients
certified eligible by the Department of Administration Military and
Veterans Affairs upon certification of enrollment by the enrolling
institution.
(b) Funds for the support of this program shall be
appropriated to the Department of Administration Military and
Veterans Affairs as a reserve for payment of the allocable costs for room,
board, tuition, and other charges, and shall be placed in a separate budget code
from which disbursements shall be made. Funds to support the program shall be
supported by receipts from the Escheat Fund, as provided by G.S. 116B‑7,
but those funds may be used only for worthy and needy residents of this State
who are enrolled in public institutions of higher education of this State. In
the event the said appropriation for any year is insufficient to pay the full
amounts allocable under the provisions of this Article, such supplemental sums
as may be necessary shall be allocated from the Contingency and Emergency Fund.
The method of disbursing and accounting for funds allocated for payments under
the provisions of this section shall be in accordance with those standards and
procedures prescribed by the Director of the Budget, pursuant to the Executive
Budget Act.State Budget Act.
(c) Allowances for room and board in State educational
institutions shall be at such rate as established by the Secretary of the
Department of Administration.Military and Veterans Affairs.
(d) Scholarship recipients electing to attend a
private educational institution shall be granted a monetary allowance for each
term or other academic period attended under their respective scholarship
awards. All recipients under Class I‑B scholarship shall receive an
allowance at one rate, irrespective of course or institution; all recipients
under Classes I‑A, II, III and IV shall receive a uniform allowance at a
rate higher than for Class I‑B, irrespective of course or institution.
The amount of said allowances shall be determined by the Director of the Budget
and made known prior to the beginning of each fall quarter or semester;
provided that the Director of the Budget may change the allowances at
intermediate periods when in his judgment such changes are necessary. Disbursements
by the State shall be to the private institution concerned, for credit to the
account of each recipient attending said institution. The manner of payment to
any private institution shall be as prescribed by the Department of Administration.
Military and Veterans Affairs. The participation by any private
institution in the program shall be subject to the applicable provisions of
this Article and to examination by State auditors of the accounts of
scholarship recipients attending or having attended private institutions. The Veterans
Veterans' Affairs Commission may defer making an award or may
suspend an award in any private institution which does not comply with the
provisions of this Article relating to said institutions.
(e) Irrespective of other provisions of this Article,
the Veterans Veterans' Affairs Commission may prescribe special
procedures for adjusting the accounts of scholarship recipients who for reasons
of illness, physical inability to attend class or for other valid reason
satisfactory to the Veterans Veterans' Affairs Commission may
withdraw from State or private educational institutions prior to the completion
of the term, semester, quarter or other academic period being attended at the
time of withdrawal. Such procedures may include, but shall not be limited to,
paying the recipient the dollar value of his unused entitlements for the
academic period being attended, with a corresponding deduction of this period
from his remaining scholarship eligibility time."
SECTION 24.1.(ll) G.S. 165‑44.5, as recodified by subsection (j) of this section, reads as rewritten:
"§ 143B‑1284. Priority employment assistance directed.
All covered service providers, as specified in G.S. 165‑44.4,
G.S. 143B‑1283, shall establish procedures to provide
veterans with priority, not inconsistent with existing federal or State law, to
participate in employment and job training assistance programs."
SECTION 24.1.(mm) G.S. 165‑44.6, as recodified by subsection (j) of this section, reads as rewritten:
"§ 143B‑1285. Implementation and performance measures.
The North Carolina Commission on Workforce Preparedness shall:
(1) Issue implementing directives that shall apply to
all covered service providers as specified in G.S. 165‑44.4, G.S. 143B‑1283,
and revise those directives as necessary to accomplish the purpose of this
Article.
(2) Develop measures of service for veterans that will serve as indicators of compliance with the provisions of this Article by all covered service providers.
(3) Annually publish and submit to the Joint Legislative Commission on Governmental Operations, beginning not later than October 1, 1998, a report detailing covered providers' compliance with the provisions of this Article."
SECTION 24.1.(nn) G.S. 165‑46, as recodified by subsection (k) of this section, reads as rewritten:
"§ 143B‑1291. Establishment.
The State of North Carolina shall construct, maintain, and
operate veterans homes for the aged and infirm veterans resident in this State
under the administrative authority and control of the Division of Veterans
Affairs of the Department of Administration. Department of Military and
Veterans Affairs. There is vested in such Division the Department
any and all powers and authority that may be necessary to enable it to
establish and operate the homes and to issue rules necessary to operate the
homes in compliance with applicable State and federal statutes and regulations."
SECTION 24.1.(oo) G.S. 165‑47, as recodified by subsection (k) of this section, reads as rewritten:
"§ 143B‑1292. Exemption from certificate of need.
Any state veterans home established by the Division of
Veterans Affairs Department of Military and Veterans Affairs shall
be exempt from the certificate of need requirements as set out in Article 9 of
Chapter 131E, or as may be hereinafter enacted."
SECTION 24.1.(pp) G.S. 165‑48, as recodified by subsection (k) of this section, reads as rewritten:
"§ 143B‑1293. North Carolina Veterans Home Trust Fund.
(a) Establishment. – A trust fund shall be established
in the State treasury, for the Division of Veterans Affairs, Department
of Military and Veterans Affairs, to be known as the North Carolina
Veterans Home Trust Fund.
(b) Composition. – The trust fund shall consist of all
funds and monies received by the Veterans Veterans' Affairs
Commission or the Division of Veterans Affairs from the United States,
any federal agency or institution, and any other source, whether as a grant,
appropriation, gift, contribution, devise, or individual reimbursement, for the
care and support of veterans who have been admitted to a State veterans home.
(c) Use of Fund. – The trust fund created in
subsection (a) of this section shall be used by the Division of Veterans
Affairs:Department of Military and Veterans Affairs to do the following:
(1) To pay for the care of veterans in said State veterans homes;
(2) To pay the general operating expenses of the State veterans homes, including the payment of salaries and wages of officials and employees of said homes; and
(3) To remodel, repair, construct, modernize, or add improvements to buildings and facilities at the homes.
(d) Miscellaneous. – The following provisions apply to the trust fund created in subsection (a) of this section:
(1) All funds deposited and all income earned on the investment or reinvestment of such funds shall be credited to the trust fund.
(2) Any monies remaining in the trust fund at the end of each fiscal year shall remain on deposit in the State treasury to the credit of the North Carolina Veterans Home Trust Fund.
(3) Nothing contained herein shall prohibit the
establishment and utilization of special agency accounts by the Division of
Veterans Affairs, as may be approved by the Veterans Veterans' Affairs
Commission, for the receipt and disbursement of personal funds of the State
veterans homes' residents or for receipt and disbursement of charitable
contributions for use by and for residents."
SECTION 24.1.(qq) G.S. 165‑49, as recodified by subsection (k) of this section, reads as rewritten:
"§ 143B‑1294. Funding.
(a) The Division of Veterans Affairs of the
Department of Administration Department of Military and Veterans Affairs
may apply for and receive federal aid and assistance from the United States
Department of Veterans Affairs or any other agency of the United States
Government authorized to pay federal aid to states for the construction and
acquisition of veterans homes under Title 38, United States Code, section 8131
et seq., or for the care or support of disabled veterans in State veterans
homes under Title 38, United Stated Code, section 1741 et seq., or from any
other federal law for said purposes.
(b) The Division of Veterans Affairs Department
may receive from any source any gift, contribution, devise, or individual
reimbursement, the receipt of which does not exclude any other source of
revenue.
(c) All funds received by the Division Department
shall be deposited in the North Carolina Veterans Home Trust Fund, except
for any funds deposited into special agency accounts established pursuant to G.S. 165‑48(d)(3).
G.S. 143B‑1293(d)(3). The Veterans Veterans' Affairs
Commission shall authorize the expenditure of all funds from the North Carolina
Veterans Home Trust Fund. The Veterans Veterans' Affairs
Commission may delegate authority to the Assistant Secretary of Veterans Affairs
for the expenditure of funds from the North Carolina Veterans Home Trust Fund
for operations of the State Veterans Nursing Homes."
SECTION 24.1.(rr) G.S. 165‑50, as recodified by subsection (k) of this section, reads as rewritten:
"§ 143B‑1295. Contracted operation of homes.
The Veterans Veterans' Affairs Commission may
contract with persons or other nongovernmental entities to operate each State
veterans home. Contracts for the procurement of services to manage, administer,
and operate any State veterans home shall be awarded on a competitive basis
through the solicitation of proposals and through the procedures established by
statute and the Division of Purchase and Contract. A contract may be awarded to
the vendor whose proposal is most advantageous to the State, taking into
consideration cost, program suitability, management plan, excellence of program
design, key personnel, corporate or company resources, financial condition of
the vendor, experience and past performance, and any other qualities deemed
necessary by the Veterans Veterans' Affairs Commission and set
out in the solicitation for proposals. Any contract awarded under this section
shall not exceed five years in length. The Veterans Veterans' Affairs
Commission is not required to select or recommend the vendor offering the
lowest cost proposal but shall select or recommend the vendor who, in the
opinion of the Commission, offers the proposal most advantageous to the
veterans and the State of North Carolina."
SECTION 24.1.(ss) G.S. 165‑51, as recodified by subsection (k) of this section, reads as rewritten:
"§ 143B‑1296. Program staff.
The Division Department shall appoint and fix
the salary of an Administrative Officer for the State veterans home program.
The Administrative Officer shall be an honorably discharged veteran who has
served in active military service in the Armed Forces of the United States for
other than training purposes. The Administrative Officer shall direct the
establishment of the State veterans home program, coordinate the master
planning, land acquisition, and construction of all State veterans homes under
the procedures of the Office of State Construction, and oversee the ongoing
operation of said veterans homes. The Division may hire any required additional
administrative staff to help with administrative and operational
responsibilities at each established State veterans home."
SECTION 24.1.(tt) G.S. 165‑52, as recodified by subsection (k) of this section, reads as rewritten:
"§ 143B‑1297. Admission and dismissal authority.
The Veterans Veterans' Affairs Commission shall
have authority to determine administrative standards for admission and
dismissal, as well as the medical conditions, of all persons admitted to and
dismissed from any State veterans home, and to issue any necessary rules,
subject to the requirements set out in G.S. 165‑53.G.S. 143B‑1298."
SECTION 24.1.(uu) G.S. 165‑54, as recodified by subsection (k) of this section, reads as rewritten:
"§ 143B‑1299. Deposit required.
Each resident of any State veterans home shall pay to the Division
of Veterans Affairs Department of Military and Veterans Affairs the
cost of maintaining his or her residence at the home. This deposit shall be
placed in the North Carolina Veterans Home Trust Fund and shall be in an amount
and in the form prescribed by the Veterans Veterans' Affairs
Commission in consultation with the Assistant Secretary for Veterans Affairs."
SECTION 24.1.(vv) G.S. 165‑55, as recodified by subsection (k) of this section, reads as rewritten:
"§ 143B‑1300. Report and budget.
(a) The Assistant Secretary for Veterans Affairs shall
report annually to the Secretary of the Department of Administration Military
and Veterans Affairs on the activities of the State Veterans Homes Program.
This report shall contain an accounting of all monies received and expended,
statistics on residents in the homes during the year, recommendations to the
Secretary, the Governor, and the General Assembly as to the program, and such
other matters as may be deemed pertinent.
(b) The Assistant Secretary for Veterans Affairs, with
the approval of the Veterans Veterans' Affairs Commission, shall
compile an annual budget request for any State funding needed for the
anticipated costs of the homes, which shall be submitted to the Secretary of
the Department of Administration. Military and Veterans Affairs. State
appropriated funds for operational needs shall be made available only in the
event that other sources are insufficient to cover essential operating costs."
SECTION 24.1.(ww) This section becomes effective on January 1, 2016.
Restore State Contribution to County Veterans Services Programs
SECTION 24.2. G.S. 143B‑1211, as enacted by Section 24.1(b) of this act, is amended by adding a new subdivision to read:
"§ 143B‑1211. Powers and duties of the Department of Military and Veterans Affairs.
It shall be the duty of the Department of Military and Veterans Affairs to do all of the following:
…
(24) Contribute each fiscal year to each county that applies for it an amount for the maintenance and operation of a county veterans services program. Participating counties shall furnish the Department such reports, accountings, and other information at such times and in such form as the Department may require. The amount contributed to each county under this subdivision shall be as follows:
a. If funds appropriated to the Department for contributions under this subdivision exceed the total amount of county requests received by December 31 of each year, the contribution to each county shall be the full amount requested by each county.
b. If the funds appropriated to the Department for contributions under this subdivision are insufficient to fund the full amount of county requests received by December 31 of each year, the contribution to each county shall be a pro rata share of the amount appropriated to the Department for contributions under this section, up to the amount requested by the county."
BRAC Special Fund
SECTION 24.3.(a) Part 1 of Article 14 of Chapter 143B of the General Statutes, as enacted by Section 24.1 of this act, is amended by adding a new section to read:
"§ 143B‑1214. Military Presence Stabilization Fund.
The Military Presence Stabilization Fund is established as a special fund in the Department of Military and Veterans Affairs. Funds in the Military Presence Stabilization Fund shall be used to fund actions designed to make the State less vulnerable to closure pursuant to federal Base Realignment and Closure and related initiatives. The Secretary of Military and Veterans Affairs may allocate funds in the Fund for this purpose."
SECTION 24.3.(b) Notwithstanding G.S. 143B‑1214, the funds appropriated in this act to the Military Presence Stabilization Fund for the 2015‑2016 fiscal year shall not be used to provide grants to local communities or military installations and shall only be used for the following:
(1) Administrative expenses and reimbursements for members of the Commission.
(2) Federal advocacy and lobbying support.
(3) Updates to strategic planning analysis and strategic plan.
(4) Economic modeling software and analyses.
(5) Compatible development mapping (red, yellow, green mapping)
(6) Public‑public/public‑private (P4) initiative.
(7) Identification and implementation of innovated measures to increase the military value of installations.
SECTION 24.3.(c) The Department of Military and Veterans Affairs shall report to the Joint Legislative Oversight Committee on General Government no later than December 1, 2015, on the expenditures from the Military Presence Stabilization Fund.
PART XXV. OFFICE OF THE STATE AUDITOR
STOP FRAUD AND ABUSE OF TAXPAYER DOLLARS
SECTION 25.1.(a) G.S. 143‑746 reads as rewritten:
"§ 143‑746. Internal auditing required.
…
(e) Insufficient Personnel. – If a State agency has insufficient personnel to comply with this section, the Office of State Budget and Management shall provide technical assistance.
(f) Reporting Fraudulent Activity. – If an internal audit conducted pursuant to this section results in a finding that a private person or entity has received public funds as a result of fraud, misrepresentation, or other deceptive acts or practices while doing business with the State agency, the internal auditor shall submit a detailed written report of the finding, and any additional necessary supporting documentation, to the State Purchasing Officer. A report submitted under this subsection may include a recommendation that the private person or entity be debarred from doing business with the State or a political subdivision thereof."
SECTION 25.1.(b) G.S. 147‑64.6(c) is amended by adding a new subdivision to read:
"(c) The Auditor shall be responsible for the following acts and activities:
…
(21) If an audit undertaken by the Auditor results in a finding that a private person or entity has received public funds as a result of fraud, misrepresentation, or other deceptive acts or practices while doing business with the State or a political subdivision thereof, the Auditor shall submit a detailed written report of the finding, and any additional necessary supporting documentation, to the State Purchasing Officer or the appropriate political subdivision official, as applicable. A report submitted under this subsection may include a recommendation that the private person or entity be debarred from doing business with the State or a political subdivision thereof."
SECTION 25.1.(c) This section becomes effective October 1, 2015, and applies to audits conducted or undertaken on or after that date.
PART XXV‑A. HOUSING FINANCE AGENCY
Expand Community Living Housing Fund Uses
SECTION 25A.1. G.S. 122E‑3.1 reads as rewritten:
"§ 122E‑3.1. Community Living Housing Fund.
…
(c) Use of Funds. – The North Carolina Housing Finance Agency, in consultation with the Department of Health and Human Services, shall be responsible for administering the Community Living Housing Fund. The monies in the Fund shall be available for expenditure only upon an act of appropriation by the General Assembly and only for the following purposes:
(1) To provide permanent community‑based housing in integrated settings appropriate for individuals with severe mental illness and severe and persistent mental illness.
(2) To support an increase in the number of targeted units for individuals with disabilities located in housing projects funded by the Housing Finance Agency from ten percent (10%) to fifteen percent (15%). The additional targeted units funded shall be made available to the Department of Health and Human Services for use in the North Carolina Supportive Housing Program under Article 1B of Chapter 122C of the General Statutes. Priority for funding of the additional targeted units shall be given to units to be located in catchment areas identified by the Department of Health and Human Services, in consultation with the North Carolina Housing Finance Agency and LMECOs, as having the greatest need for targeted units.
(3) To provide property rehabilitation.
(4) To recruit property owners who are willing to rent targeted units to individuals with disabilities."
Use S&P Settlement Funds to Support Workforce Housing Loan Program
SECTION 25A.2. Of the funds received by the State pursuant to the settlement agreement in North Carolina ex rel. Cooper v. The McGraw‑Hill Companies, Inc., and Standard & Poor's Financial Services LLC, No. 13CVS 001703, the sum of ten million dollars ($10,000,000) shall be used to provide loans under the Workforce Housing Loan Program of the Housing Finance Agency for the 2015‑2016 year, the sum of nine million three hundred thousand dollars ($9,300,000) shall be used to provide loans under the Workforce Housing Loan Program of the Housing Finance Agency for the 2016‑2017, and these funds are hereby appropriated for those purposes.
PART XXVI. OFFICE OF STATE HUMAN RESOURCES
Personal Services Contracts/Temporary Solutions
SECTION 26.2.(a) Article 3 of Chapter 143 of the General Statutes is amended by adding a new section to read:
"§ 143‑48.6. Personal services contracts subject to Article.
(a) Requirement. – Notwithstanding any other provision of law, personal services contracts for executive branch agencies shall be subject to the same requirements and procedures as service contracts.
(b) Personal Services Contract Defined. – For purposes of this section, the term "personal services contract" means a contract for services provided by a professional individual as an independent contractor on a temporary or occasional basis.
(c) Rules Required. – The Department of Administration shall adopt rules consistent with this section."
SECTION 26.2.(b) Part 4 of Article 14 of Chapter 143B of the General Statutes, as enacted by this act, is amended by adding a new section to read:
"§ 143B‑1334A. Personal services contracts subject to Article.
(a) Requirement. – Notwithstanding any other provision of law, information technology personal services contracts for executive branch agencies shall be subject to the same requirements and procedures as information technology service contracts, except as provided in this section.
(b) Certain Approvals Required. – Notwithstanding any provision of law to the contrary, no information technology personal services contract, nor any contract that provides personnel to perform information technology functions regardless of the cost of the contract, may be established or renewed without written approval from the Office of Information Technology Services and the Office of State Budget and Management. To facilitate compliance with this requirement, the Office of Information Technology Services shall develop and document the following:
(1) Standards for determining whether it is more appropriate for an agency to hire an employee or use the services of a vendor.
(2) A process to monitor all State agency information technology personal services contracts, as well as any other State contracts providing personnel to perform information technology functions.
(3) A process for obtaining approval of contractor positions.
(c) Creation of State Positions in Certain Cases. – The Office of Information Technology Services shall review current information technology personal services contracts on an ongoing basis and determine if each contractor is performing a function that could more appropriately be performed by a State employee. Where the determination is made that a State employee should be performing the function, the Office of Information Technology Services shall work with the impacted agency and the Office of State Personnel to identify or create the position.
(d) Compliance Audits Required. – The Office of Information Technology Services shall conduct periodic audits of State agencies that are subject to this Article to determine the degree to which those agencies are complying with the rules and procedures that govern information technology personal services contracts.
(e) Reporting Required. – The Office of Information Technology Services shall report biennially to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on all of the following:
(1) Its progress toward standardizing information technology personal services contracts.
(2) The number of information technology service contractors in each State agency, the cost for each, and the comparable cost, including benefits, of a State employee serving in that capacity rather than a contractor.
(3) The results of the compliance audits conducted pursuant to subsection (d) of this section.
(f) Information Technology Personal Services Contract Defined. – For purposes of this section, the term "personal services contract" means a contract for services provided by a professional individual as an independent contractor on a temporary or occasional basis.
(g) Rules Required. – The Office of Information Technology Services shall adopt rules consistent with this section."
SECTION 26.2.(c) Personal services contracts and information technology personal services contracts in effect on the effective date of this act shall be allowed to expire in accordance with the terms of the contract. A personal services contract or an information technology personal services contract that can be terminated at any time shall be reviewed within 60 days of the effective date of this act and shall only be continued if the contract complies with the requirements of G.S. 143‑48.6 and G.S. 143B‑1334A, as enacted by subsections (a) and (b) of this section, respectively. A personal services contract or information technology personal services contract entered into after the effective date of this act shall comply with the requirements of G.S. 143‑48.6 or G.S. 143B‑1334A, as applicable.
SECTION 26.2.(d) G.S. 143‑64.70 is repealed. The Office of State Budget and Management shall notify State agencies of the repeal of G.S. 143‑64.70 and about the new requirements imposed by this act.
SECTION 26.2.(e) Article 1 of Chapter 126 of the General Statutes is amended by adding a new section to read:
"§ 126‑6.3. Temporary employment needs of State agencies shall be met through the Temporary Solutions Program.
(a) Use of Temporary Solutions Required. – Notwithstanding G.S. 126‑5 or any other provision of law, all State agencies that utilize temporary employees to perform work that is not information technology‑related shall employ them through the Temporary Solutions Program administered by the Office of State Human Resources. The Director of the Office of State Human Resources may create exceptions to this requirement when doing so would be in the best interests of the State in the sole discretion of the Director. An exception shall be invalid unless it is in writing.
(b) Compliance Monitoring. – The Office of State Human Resources shall monitor the employment of temporary employees by agencies subject to this section and shall report biannually to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division on agency compliance with this section and policies and rules adopted pursuant to it.
(c) State Agency Defined. – For purposes of this section, "State agency" means a unit of the executive branch of State government, such as a department, an institution, a division, a commission, a board, or a council, regardless of whether or not the agency is part of the Council of State."
SECTION 26.2.(f) G.S. 126‑4 is amended by adding a new subdivision to read:
"§ 126‑4. Powers and duties of State Human Resources Commission.
Subject to the approval of the Governor, the State Human Resources Commission shall establish policies and rules governing each of the following:
…
(19) The implementation of G.S. 126‑6.3 in a manner that is consistent across all affected State agencies."
PART XXVII. DEPARTMENT OF ADMINISTRATION
DOA PROVIDE ADMINISTRATIVE SUPPORT TO SEC FREE OF CHARGE
SECTION 27.1. G.S. 138A‑9 reads as rewritten:
"§ 138A‑9. Staff and offices.
(a) The Commission may employ professional and clerical staff, including an executive director.
(b) The Commission shall be located within the Department of Administration for administrative purposes only, but shall exercise all of its powers, including the power to employ, direct, and supervise all personnel, independently of the Secretary of Administration, and is subject to the direction and supervision of the Secretary of Administration only with respect to the management functions of coordinating and reporting. The Department shall provide administrative support to the Commission free of charge."
ALLOW FOR ELECTRONIC ADVERTISEMENT OF LEASE PROPOSALS
SECTION 27.2. G.S. 146‑25.1 reads as rewritten:
"§ 146‑25.1. Proposals to be secured for leases.
(a) If pursuant to G.S. 146‑25, the
Department of Administration determines that it is in the best interest of the
State to lease or rent land and the rental is estimated to exceed twenty‑five
thousand dollars ($25,000) per year or the term will exceed three years, the
Department shall require the State agency desiring to rent land to prepare and
submit for its approval a set of specifications for its needs. Upon approval of
specifications, the Department shall prepare a public advertisement. The
State agency shall place such advertisement in a newspaper of general
circulation in the county for proposals from prospective lessors of said land
and shall make such other distribution thereof as the Department directs. The
advertisement shall be run for at least five consecutive days, and shall
provide that proposals shall be received for at least seven days from the date
of the last advertisement in the State Property Office of the Department. The
provisions of this section do not apply to property owned by governmental
agencies and leased to other governmental agencies.advertisement and
shall publish it by one or more of the following methods, as determined by the
Department of Administration:
(1) Placement in a newspaper of general circulation in the county. The advertisement shall be run for at least five consecutive days and shall provide that proposals shall be received for at least seven days from the date of the last advertisement in the State Property Office.
(2) Through electronic means. If posted on a Web site, the advertisement shall be accessible for at least five consecutive days and shall provide that proposals shall be received for at least seven days from the date of the fifth day in the State Property Office.
(3) Through such other methods of distribution as the Department of Administration directs.
…
(d) The provisions of this section do not apply to property owned by governmental agencies and leased to other governmental agencies."
STREAMLINE SEIZED VEHICLE DISPOSAL
SECTION 27.3.(a) G.S. 20‑28.2(a1) is amended by adding a new subdivision to read:
"(a1) Definitions. – As used in this section and in G.S. 20‑28.3, 20‑28.4, 20‑28.5, 20‑28.7, 20‑28.8, 20‑28.9, 20‑54.1, and 20‑141.5, the following terms mean:
…
(9) State Surplus Property Agency. – The Department of Administration."
SECTION 27.3.(b) G.S. 20‑28.3 reads as rewritten:
"§ 20‑28.3. Seizure, impoundment, forfeiture of motor vehicles for offenses involving impaired driving while license revoked or without license and insurance, and for felony speeding to elude arrest.
…
(d) Custody of Motor Vehicle. – Unless the motor
vehicle is towed pursuant to a statewide or regional contract, or a contract
with the county board of education, the seized motor vehicle shall be towed by
a commercial towing company designated by the law enforcement agency that
seized the motor vehicle. Seized motor vehicles not towed pursuant to a
statewide or regional contract or a contract with a county board of education
shall be retrieved from the commercial towing company within a reasonable time,
not to exceed 10 business days, by the county board of education or
their agent who must pay towing and storage fees to the commercial towing
company when the motor vehicle is retrieved. If either a statewide or regional
contractor, or the county board of education, chooses to contract for local
towing services, all towing companies on the towing list for each law
enforcement agency with jurisdiction within the county shall be given written
notice and an opportunity to submit proposals prior to a contract for local
towing services being awarded. The seized motor vehicle is under the
constructive possession of the county board of education for the county in
which the operator of the vehicle is charged at the time the vehicle is
delivered to a location designated by the county board of education or
delivered to its agent pending release or sale, or in the event a statewide or
regional contract is in place, under the constructive possession of the Department
of Public Instruction, State Surplus Property Agency on behalf of
the State at the time the vehicle is delivered to a location designated by the Department
of Public Instruction State Surplus Property Agency or delivered to
its agent pending release or sale. Absent a statewide or regional contract that
provides otherwise, each county board of education may elect to have seized
motor vehicles stored on property owned or leased by the county board of
education and charge a reasonable fee for storage, not to exceed ten dollars
($10.00) per calendar day. In the alternative, the county board of
education may contract with a commercial towing and storage facility or other
private entity for the towing, storage, and disposal of seized motor vehicles,
and a storage fee of not more than ten dollars ($10.00) per calendar day
may be charged. Except for gross negligence or intentional misconduct, neither
the State Surplus Property Agency, the county board of education, or nor
any of its their employees, shall not be liable to the
owner or lienholder for damage to or loss of the motor vehicle or its contents,
or to the owner of personal property in a seized vehicle, during the time the
motor vehicle is being towed or stored pursuant to this subsection.
…
(i) Expedited Sale of Seized Motor Vehicles in
Certain Cases. – In order to avoid additional liability for towing and storage
costs pending resolution of the criminal proceedings of the defendant, the State
Surplus Property Agency or county board of education may, after expiration
of 90 days from the date of seizure, or at any time with the consent of the
owner, sell any motor vehicle having a fair market value of one thousand
five hundred dollars ($1,500) or less. The county board of education may also
sell a motor vehicle, regardless of the fair market value, any time the
outstanding towing and storage costs exceed eighty‑five percent (85%) of
the fair market value of the vehicle, or with the consent of all the motor
vehicle owners. seized pursuant to this section and recover all costs
associated with the sale. Any sale conducted pursuant to this subsection
shall be conducted in accordance with the provisions of G.S. 20‑28.5(a),
G.S. 20‑28.5(a) or G.S. 20‑28.5(a1), as applicable,
and the proceeds of the sale, after the payment of outstanding towing and
storage costs or reimbursement of towing and storage costs paid by a person
other than the defendant, shall be deposited with the clerk of superior court.
If an order of forfeiture is entered by the court, the court shall order the
proceeds held by the clerk to be disbursed as provided in G.S. 20‑28.5(b).
If the court determines that the motor vehicle is not subject to forfeiture,
the court shall order the proceeds held by the clerk to be disbursed first to
pay the sale, towing, and storage costs, second to pay outstanding liens on the
motor vehicle, and the balance to be paid to the motor vehicle owners.
…."
SECTION 27.3.(c) G.S. 20‑28.5 reads as rewritten:
"§ 20‑28.5. Forfeiture of impounded motor vehicle or funds.
(a) Sale.Sale of Vehicle in Possession of
County Board of Education. – A motor vehicle in the possession or
constructive possession of a county board of education ordered forfeited
and sold or a seized motor vehicle authorized to be sold pursuant to G.S. 20‑28.3(i),
shall be sold at a public sale conducted in accordance with the provisions of
Article 12 of Chapter 160A of the General Statutes, applicable to sales
authorized pursuant to G.S. 160A‑266(a)(2), (3), or (4), subject to
the notice requirements of this subsection, and shall be conducted by the
county board of education or a person acting on its behalf. Notice of sale,
including the date, time, location, and manner of sale, shall be given by first‑class
mail to all motor vehicle owners of the vehicle to be sold at the address shown
by the records of the Division. Written notice of sale shall also be given to
all lienholders on file with the Division. Notice of sale shall be given to the
Division in accordance with the procedures established by the Division. Notices
required to be given under this subsection shall be mailed at least 10 days
prior to the date of sale. A lienholder shall be permitted to purchase the
motor vehicle at any such sale by bidding in the amount of its lien, if that
should be the highest bid, without being required to tender any additional
funds, other than the towing and storage fees. The county board of education,
or its agent, shall not sell, give, or otherwise transfer possession of the
forfeited motor vehicle to the defendant, the motor vehicle owner who owned the
motor vehicle immediately prior to forfeiture, or any person acting on the
defendant's or motor vehicle owner's behalf.
(a1) Sale of Vehicle in Possession of the State Surplus Property Agency. – A motor vehicle in the possession or constructive possession of the State Surplus Property Agency ordered forfeited and sold or a seized motor vehicle authorized to be sold pursuant to G.S. 20‑28.3(i) shall be sold at a public sale conducted in accordance with the provisions of Article 3A of Chapter 143 of the General Statutes, subject to the notice requirements of this subsection, and shall be conducted by the State Surplus Property Agency or a person acting on its behalf. Notice of sale, including the date, time, location, and manner of sale, shall be given by first‑class mail to all motor vehicle owners of the vehicle to be sold at the address shown by the records of the Division. Written notice of sale shall also be given to all lienholders on file with the Division. Notice of sale shall be given to the Division in accordance with the procedures established by the State Surplus Property Agency. Notices required to be given under this subsection shall be mailed at least 10 days prior to the date of sale. A lienholder shall be permitted to purchase the motor vehicle at any such sale by bidding in the amount of its lien, if that should be the highest bid, without being required to tender any additional funds, other than the towing and storage fees. The State Surplus Property Agency, or its agent, shall not sell, give, or otherwise transfer possession of the forfeited motor vehicle to the defendant, the motor vehicle owner who owned the motor vehicle immediately prior to forfeiture, or any person acting on the defendant's or motor vehicle owner's behalf.
(b) Proceeds of Sale. – Proceeds of any sale conducted
under this section, G.S. 20‑28.2(f)(5), or G.S. 20‑28.3(e3)(3),
shall first be applied to the cost of sale all costs incurred by the
State Surplus Property Agency or county board of education and then to
satisfy towing and storage costs. The balance of the proceeds of sale, if any,
shall be used to satisfy any other existing liens of record that were properly
recorded prior to the date of initial seizure of the vehicle. Any remaining
balance shall be paid to the county school fund in the county in which the
motor vehicle was ordered forfeited. If there is more than one school board in
the county, then the net proceeds of sale, after reimbursement to the county
board of education of reasonable administrative costs incurred in connection
with the forfeiture and sale of the motor vehicle, shall be distributed in the
same manner as fines and other forfeitures. The sale of a motor vehicle
pursuant to this section shall be deemed to extinguish all existing liens on
the motor vehicle and the motor vehicle shall be transferred free and clear of
any liens.
…."
SECTION 27.3.(d) G.S. 20‑28.9 reads as rewritten:
"§ 20‑28.9.
Authority for the Department of Public Instruction State Surplus
Property Agency to administer a statewide or regional towing, storage, and
sales program for vehicles forfeited.
(a) The Department of Public Instruction State
Surplus Property Agency is authorized to enter into a contract for a
statewide service or contracts for regional services to tow, store, process,
maintain, and sell motor vehicles seized pursuant to G.S. 20‑28.3.
All motor vehicles seized under G.S. 20‑28.3 shall be subject to
contracts entered into pursuant to this section. Contracts shall be let by the Department
of Public Instruction State Surplus Property Agency in accordance
with the provisions of Article 3 of Chapter 143 of the General Statutes. Nothing
in this section shall be construed to prohibit the State Surplus Property
Agency from entering into contracts pursuant to this section for some regions
of the State while performing the work of towing, storing, processing, maintaining,
and selling motor vehicles seized pursuant to G.S. 20‑28.3 itself in
other regions of the State. All contracts shall ensure the safety of the
motor vehicles while held and any funds arising from the sale of any seized
motor vehicle. The contract shall require the contractor to maintain and make
available to the agency a computerized up‑to‑date inventory of all
motor vehicles held under the contract, together with an accounting of all
accrued charges, the status of the vehicle, and the county school fund to which
the proceeds of sale are to be paid. The contract shall provide that the
contractor shall pay the towing and storage charges owed on a seized vehicle to
a commercial towing company at the time the seized vehicle is obtained from the
commercial towing company, with the contractor being reimbursed this expense
when the vehicle is released or sold. The Department State Surplus
Property Agency shall not enter into any contract under this section under
which the State will be obligated to pay a deficiency arising from the sale of
any forfeited motor vehicle.
(b) The Department, State Surplus Property
Agency, through its contractor or contractors designated in accordance with
subsection (a) of this section, may charge a reasonable fee for storage not to
exceed ten dollars ($10.00) per calendar day for the storage of seized
vehicles pursuant to G.S. 20‑28.3.
(c) In order to help defray the
administrative costs associated with the administration of this section, the
Department shall collect a ten dollar ($10.00) administrative fee from a person
to whom a seized vehicle is released at the time the motor vehicle is released
and shall collect a ten dollar ($10.00) administrative fee out of the proceeds
of the sale of any forfeited motor vehicle. The funds collected under this
subsection shall be paid to the General Fund."
SECTION 27.3.(e) G.S. 143‑64.02 is amended by adding two new subdivisions to read:
"§ 143‑64.02. Definitions.
As used in Part 1 of this Article, except where the context clearly requires otherwise:
(1) "Agency" means an existing department, institution, commission, committee, board, division, or bureau of the State.
(2) "Nonprofit tax exempt organizations" means those nonprofit tax exempt medical institutions, hospitals, clinics, health centers, school systems, schools, colleges, universities, schools for the mentally retarded, schools for the physically handicapped, radio and television stations licensed by the Federal Communications Commission as educational radio or educational television stations, public libraries, and civil defense organizations, that have been certified by the Internal Revenue Service as tax‑exempt nonprofit organizations under section 501(c)(3) of the United States Internal Revenue Code of 1954.
(3) "Recyclable material" means a recyclable material, as defined in G.S. 130A‑290, that the Secretary of Administration determines, consistent with G.S. 130A‑309.14, to be a recyclable material.
(4) "State owned" means supplies, materials, and equipment in the possession of the State of North Carolina and purchased with State funds, personal property donated to the State, or personal property purchased with other funds that give ownership to the State.
(5) "Surplus property" means personal property that is no longer needed by a State agency."
SECTION 27.3.(f) G.S. 143‑64.03 reads as rewritten:
"§ 143‑64.03. Powers and duties of the State agency for surplus property.
(a) The State Surplus Property Agency is authorized and directed to:
(1) Sell all State owned supplies, materials,
and equipment that are surplus, obsolete, or unused;unused and sell
all seized vehicles and other conveyances that the State Surplus Property
Agency is authorized to sell;
(2) Warehouse such property; and
(3) Distribute such property to tax‑supported or nonprofit tax‑exempt organizations.
(b) The State Surplus Property Agency is authorized and empowered to act as a clearinghouse of information for agencies and private nonprofit tax‑exempt organizations, to locate property available for acquisition from State agencies, to ascertain the terms and conditions under which the property may be obtained, to receive requests from agencies and private nonprofit tax‑exempt organizations, and transmit all available information about the property, and to aid and assist the agencies and private nonprofit tax‑exempt organizations in transactions for the acquisition of State surplus property.
(c) The State agency for surplus property, in the administration of Part 1 of this Article, shall cooperate to the fullest extent consistent with the provisions of Part 1 of this Article, with the departments or agencies of the State.
(d) The State agency for surplus property may sell or otherwise dispose of surplus property, including motor vehicles, through an electronic auction service."
SECTION 27.3.(g) G.S. 143‑64.05(a) reads as rewritten:
"§ 143‑64.05. Service charge; receipts.
(a) The State agency for surplus property may assess
and collect a service charge (i) for the acquisition, receipt,
warehousing, distribution, or transfer of any State surplus property and property;
(ii) for the transfer or sale of recyclable material. material;
and (iii) for the towing, storing, processing, maintaining, and selling of motor
vehicles seized pursuant to G.S. 20‑28.3. The service charge authorized
by this subsection does not apply to the transfer or sale of timber on land
owned by the Wildlife Resources Commission or the Department of Agriculture and
Consumer Services."
SECTION 27.4. The Department of Administration, in consultation with the Department of Cultural Resources, shall appoint a task force to acquire historical documents, photographs, and memorabilia relating to Dorothea Lynde Dix, mental health efforts in the State, and the Dorothea Dix Hospital. The Department shall propose options to preserve a building or provide a space on the Dorothea Dix campus for the purpose of permanently exhibiting the acquired historical materials for the purposes of (i) memorializing and honoring the unique history of Dorothea Dix Hospital and the story of Dorothea Dix and (ii) educating the public about her advocacy for and innovations in the proper treatment of the mentally ill. The Department shall submit a report of its proposed options to the Joint Legislative Oversight Committee on Health and Human Services by April 1, 2016.
Vehicles Assigned to Section of Community Correction/Exempt from Minimum Mileage Requirement
SECTION 27.6.(a) Exemption. – For the 2015‑2017 fiscal biennium and notwithstanding any law, rule, or regulation to the contrary, motor vehicles assigned from the central motor fleet established under G.S. 143‑341 to the Section of Community Corrections of the Division of Adult Correction of the Department of Public Safety are exempt from any requirement that the motor vehicle be driven a minimum number of miles per month or quarter.
SECTION 27.6.(b) Report on Exemption. – The Department of Administration shall provide an interim report to the Joint Legislative Oversight Committee on General Government and the Joint Legislative Oversight Committee on Justice and Public Safety by March 1, 2016, and a final report to the Joint Legislative Oversight Committee on General Government and the Joint Legislative Oversight Committee on Justice and Public Safety by January 1, 2017. Each report shall include all of the following information:
(1) The number of motor vehicles assigned to the Section of Community Corrections of the Division of Adult Correction of the Department of Public Safety.
(2) The average miles per month the assigned motor vehicles were driven.
(3) The average costs per month for maintenance and motor fuel for the assigned motor vehicles.
(4) The number of months in which an assigned motor vehicle was not driven at all.
SECTION 27.6.(c) Report on Vehicles Managed. – Beginning on October 1, 2015, and quarterly thereafter, the Department of Administration shall provide a report to the Joint Legislative Oversight Committee on General Government and the Joint Legislative Oversight Committee on Justice and Public Safety on the status of all motor vehicles managed by the Department of Administration for the Department of Public Safety. The report shall include all of the following information:
(1) The number of motor vehicles managed by the Department of Administration for the Department of Public Safety.
(2) The condition of each motor vehicle, including the mileage on each motor vehicle.
(3) The average amount of time taken to repair or replace a motor vehicle.
(4) The number and condition of any backup motor vehicles managed by the Department of Administration and available for use by the Department of Public Safety, including the location and condition of each motor vehicle.
Eliminate NC Human Relations Commission
SECTION 27.7.(a) The following are repealed:
(1) Part 9 of Article 9 of Chapter 143B of the General Statutes.
(2) G.S. 99D‑1(b1), 143‑157.1(d)(14), and 143‑422.3.
(3) Chapter 41A of the General Statutes.
SECTION 27.7.(b) Notwithstanding any other provision of law, the Department of Justice shall assume and resolve all pending complaints filed with the North Carolina Human Relations Commission and shall be allowed to substitute for the North Carolina Human Relations Commission in any pending proceeding in the courts of this State.
SECTION 27.7.(c) This section does not affect the rights or liabilities of the State, a complainant, or another party arising under a statute repealed by this section before the effective date of its amendment or repeal, and the statutes that would be applicable but for this act remain applicable to those parties.
SECTION 27.7.(d) The North Carolina Human Relations Commission shall refer any complaints received after the enactment of this act to the Office of Fair Housing and Equal Opportunity with the United States Department of Housing and Urban Development if the Commission determines the complaint is unlikely to be resolved prior to July 1, 2016.
SECTION 27.7.(e) Subsections (d) and (e) of this section are effective when this act becomes law. The remainder of this section becomes effective July 1, 2016.
Eliminate License to Give Trust Fund Commission
SECTION 27.8.(a) Subsection (c) of Section 5 of S.L. 2004‑189, as amended by subsection (q) of Section 44.1 of S.L. 2005‑276, reads as rewritten:
"SECTION 5.(c) The Division of Motor Vehicles
shall retain a portion of five cents ($0.05) collected for the issuance
of each drivers license and duplicate license to offset the actual cost of
developing and maintaining the online Organ Donor Internet site established
pursuant to Section 1 of this act. The remainder of the five cents ($0.05)
shall be credited to the License to Give Trust Fund established under G.S. 20‑7.4
and shall be used for the purposes authorized under G.S. 20‑7.4 and G.S. 20‑7.5."
SECTION 27.8.(b) G.S. 20‑7.4 through G.S. 20‑7.6 are repealed.
SECTION 27.8.(c) Prior to the effective date of subsection (b) of this section, the License to Give Trust Fund Commission shall expend all funds in the License to Give Trust Fund for the purposes set forth in G.S. 20‑7.4. Any unencumbered State funds remaining in the License to Give Trust Fund after the effective date of subsection (b) of this section shall be transferred to the Highway Fund.
SECTION 27.8.(d) Subsections (a), (c), and (d) of this section are effective when this act becomes law. The remainder of this section becomes effective October 1, 2015.
PART XXVII‑A. OFFICE OF THE STATE CONTROLLER
SECTION 27A.1.(a) During the 2015‑2017 fiscal biennium, receipts generated by the collection of inadvertent overpayments by State agencies to vendors as a result of pricing errors, neglected rebates and discounts, miscalculated freight charges, unclaimed refunds, erroneously paid excise taxes, and related errors are to be deposited in Special Reserve Account 24172 as required by G.S. 147‑86.22(c).
SECTION 27A.1.(b) For each year of the 2015‑2017 fiscal biennium, five hundred thousand dollars ($500,000) of the funds in the Special Reserve Account 24172 shall be used by the Office of the State Controller for data processing, debt collection, or e‑commerce costs and are hereby appropriated for that purpose.
SECTION 27A.1.(c) All funds available in Special Reserve Account 24172 on June 30 of each year of the 2015‑2017 fiscal biennium shall revert to the General Fund on that date.
SECTION 27A.1.(d) The State Controller shall report quarterly to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division on the revenue deposited into Special Reserve Account 24172 and the disbursement of that revenue.
PART XXVIII. DEPARTMENT OF REVENUE
MODIFY COLLECTION ASSISTANCE FEE RULES
SECTION 28.2. G.S. 105‑243.1(e) reads as rewritten:
"(e) Use. – The fee is a receipt of the Department and must be applied to the costs of collecting overdue tax debts. The proceeds of the fee must be credited to a special account within the Department and may be expended only as provided in this subsection. The proceeds of the fee may not be used for any purpose that is not directly and primarily related to collecting overdue tax debts. The Department may apply the proceeds of the fee for the purposes listed in this subsection. The remaining proceeds of the fee may be spent only pursuant to appropriation by the General Assembly. The fee proceeds do not revert but remain in the special account until spent for the costs of collecting overdue tax debts. The Department and the Office of State Budget and Management must account for all expenditures using accounting procedures that clearly distinguish costs allocable to collecting overdue tax debts from costs allocable to other purposes and must demonstrate that none of the fee proceeds are used for any purpose other than collecting overdue tax debts.
The Department may apply the fee proceeds for the following purposes:
…
(4) To pay for postage or other delivery charges for
correspondence directly and primarily relating to collecting overdue tax debts,
not to exceed five hundred thousand dollars ($500,000) one million
dollars ($1,000,000) a year.
…."
STATE AGENCY/ENHANCED DEBT COLLECTION
SECTION 28.3. Article 1 of Chapter 105A of the General Statutes reads as rewritten:
"Chapter 105A.
"Setoff Debt Collection Act.
"Article 1.
"In General.
"§ 105A‑1. Purposes.
The purpose of this Chapter is to establish as policy that all claimant agencies and the Department of Revenue shall cooperate in identifying debtors who owe money to the State or to a local government through their various agencies and who qualify for refunds from the Department of Revenue. It is also the intent of this Chapter that procedures be established for setting off against any refund the sum of any debt owed to the State or to a local government. Furthermore, it is the legislative intent that this Chapter be liberally construed so as to effectuate these purposes as far as legally and practically possible.
"§ 105A‑2. Definitions.
The following definitions apply in this Chapter:
(1) Claimant agency. – Either of the following:
a. A State agency.
b. A local agency acting through a clearinghouse or an organization pursuant to G.S. 105A‑3(b1).
c. A federal agency.
(2) Debt. – Any of the following, except as limited in sub‑subdivision (f.) of this subdivision:
a. A sum owed to a claimant agency that has accrued through contract, subrogation, tort, operation of law, or any other legal theory regardless of whether there is an outstanding judgment for the sum.
b. A sum a claimant agency is authorized or required by law to collect, such as child support payments collectible under Title IV, Part D of the Social Security Act.
c. A sum owed as a result of an intentional program violation or a violation due to inadvertent household error under the Food and Nutrition Services Program enabled by Part 5 of Article 2 of Chapter 108A of the General Statutes.
d. Reserved for future codification purposes.
e. A sum owed as a result of having obtained public assistance payments under any of the following programs through an intentional false statement, intentional misrepresentation, intentional failure to disclose a material fact, or inadvertent household error:
1. The Work First Program provided in Article 2 of Chapter 108A of the General Statutes.
2. The State‑County Special Assistance Program enabled by Part 3 of Article 2 of Chapter 108A of the General Statutes.
3. A successor program of one of these programs.
f. For any school of medicine, clinical program, facility, or practice affiliated with one of the constituent institutions of The University of North Carolina that provides medical care to the general public and for The University of North Carolina Health Care System and other persons or entities affiliated with or under the control of The University of North Carolina Health Care System, the term "debt" is limited to the sum owed to one of these entities by law or by contract following adjudication of a claim resulting from an individual's receipt of hospital or medical services at a time when the individual was covered by commercial insurance, Medicaid, Health Choice, Medicare, Medicare Advantage, a Medicare supplement plan, or any other government insurance.
g. A sum owed to the United States government or its federal agencies.
(3) Debtor. – A person who owes a debt.
(4) Department. – The Department of Revenue.
(5) Federal official. – A unit or official of the federal government charged with the collection of nontax debts payable to the federal government pursuant to 31 U.S.C. § 3716.
(6) Local agency. – Any of the following:
a. A county, to the extent it is not considered a State agency.
b. A municipality.
c. A water and sewer authority created under Article 1 of Chapter 162A of the General Statutes.
d. A regional joint agency created by interlocal agreement under Article 20 of Chapter 160A of the General Statutes between two or more counties, cities, or both.
e. A public health authority created under Part 1B of Article 2 of Chapter 130A of the General Statutes or other authorizing legislation.
f. A metropolitan sewerage district created under Article 5 of Chapter 162A of the General Statutes.
g. A sanitary district created under Part 2 of Article 2 of Chapter 130A of the General Statutes.
h. A housing authority created under Chapter 157 of the General Statutes, provided that the debt owed to a housing authority has been reduced to a final judgment in favor of the housing authority.
i. A regional solid waste management authority created under Article 22 of Chapter 153A of the General Statutes.
(7) Net proceeds collected. – Gross proceeds collected through setoff against a debtor's refund or nontax payment minus the collection assistance fees provided in G.S. 105A‑13.
(7a) Nontax payment. – A payment, including an expense reimbursement, made by the State to a person. The term does not include a person's salary, wages, or pension or a refund.
(7b) Person. – Defined in G.S. 105‑228.90.
(8) Refund. – A debtor's North Carolina tax refund.
(9) State agency. – Any of the following:
a. A unit of the executive, legislative, or judicial branch of State government.
b. A local agency, to the extent it administers a program supervised by the Department of Health and Human Services or it operates a Child Support Enforcement Program, enabled by Chapter 110, Article 9, and Title IV, Part D of the Social Security Act.
c. A community college.
"§ 105A‑3. Remedy additional; mandatory State usage; optional local usage; obtaining identifying information; registration.
(a) Remedy Additional. – The collection remedy under this Chapter is in addition to and not in substitution for any other remedy available by law.
(b) Mandatory State Usage. – A State agency must submit a debt owed to it for collection under this Chapter unless the State Controller has waived this requirement or the State agency has determined that the validity of the debt is legitimately in dispute, an alternative means of collection is pending and believed to be adequate, or such a collection attempt would result in a loss of federal funds. The State Controller may waive the requirement for a State agency, other than the Department of Health and Human Services or a county acting on behalf of that Department, to submit a debt owed to it for collection under this Chapter if the State Controller finds that collection by this means would not be practical or cost effective. A waiver may apply to all debts owed a State agency or a type of debt owed a State agency.
(b1) Optional Local Usage. – A local agency may submit a debt owed to it for collection under this Chapter. A local agency that decides to submit a debt owed to it for collection under this Chapter must establish the debt by following the procedure set in G.S. 105A‑5 and must submit the debt through one of the following:
(1) A clearinghouse that is established pursuant to an interlocal agreement adopted under Article 20 of Chapter 160A of the General Statutes and has agreed to submit debts on behalf of any requesting local agency.
(2) The North Carolina League of Municipalities.
(3) The North Carolina Association of County Commissioners.
(c) Identifying Information. – All claimant agencies shall whenever possible obtain the full name, social security number or federal identification number, address, and any other identifying information required by the Department from any person for whom the agencies provide any service or transact any business and who the claimant agencies can foresee may become a debtor under this Chapter.
(d) Registration and Reports. – A State agency must register with the Department and with the State Controller. Every State agency must report annually to the State Controller the amount of debts owed to the agency for which the agency did not submit a claim for setoff and the reason for not submitting the claim.
A clearinghouse or an organization that submits debts on behalf of a local agency must register with the Department. Once a clearinghouse registers with the Department under this subsection, no other clearinghouse may register to submit debts for collection under this Chapter.
"§ 105A‑4.
Minimum debt and refund.refund or nontax payment.
This Chapter applies only to a debt that is at least fifty dollars ($50.00) and to a refund or nontax payment that is at least this same amount.
"§ 105A‑5. Local agency notice, hearing, and decision.
(a) Prerequisite. – A local agency may not submit a debt for collection under this Chapter until it has given the notice required by this section and the claim has been finally determined as provided in this section.
(b) Notice. – A local agency must send written notice
to a debtor that the agency intends to submit the debt owed by the debtor for
collection by setoff. The notice must explain the basis for the agency's claim
to the debt, that the agency intends to apply the debtor's refund or nontax
payment against the debt, and that a collection assistance fee of
fifteen dollars ($15.00) provided in G.S. 105A‑13 will be
added to the debt if it is submitted for setoff. The notice must also inform
the debtor that the debtor has the right to contest the matter by filing a
request for a hearing with the local agency, must state the time limits and
procedure for requesting the hearing, and must state that failure to request a
hearing within the required time will result in setoff of the debt.
(c) Administrative Review. – A debtor who decides to contest a proposed setoff must file a written request for a hearing with the local agency within 30 days after the date the local agency mails a notice of the proposed action to the debtor. A request for a hearing is considered to be filed when it is delivered for mailing with postage prepaid and properly addressed. The governing body of the local agency or a person designated by the governing body must hold the hearing.
If the debtor disagrees with the decision of the governing body or the person designated by the governing body, the debtor may file a petition for a contested case under Article 3 of Chapter 150B of the General Statutes. The petition must be filed within 30 days after the debtor receives a copy of the local decision. Notwithstanding the provisions of G.S. 105‑241.21, a local agency is considered an agency for purposes of contested cases and appeals under this Chapter.
In a hearing under this section, an issue that has previously been litigated in a court proceeding cannot be considered.
(d) Decision. – A decision made after a hearing under this section must determine whether a debt is owed to the local agency and the amount of the debt.
(e) Return of Amount Set Off. – If a local agency submits a debt for collection under this Chapter without sending the notice required by subsection (b) of this section, the agency must send the taxpayer the entire amount set off plus the collection assistance fees provided in G.S. 105A‑13. Similarly, if a local agency submits a debt for collection under this Chapter after sending the required notice but before final determination of the debt and a decision finds that the local agency is not entitled to any part of the amount set off, the agency must send the taxpayer the entire amount set off plus the collection assistance fees provided in G.S. 105A‑13. That portion of the amount returned that reflects the collection assistance fees must be paid from the local agency's funds.
If a local agency submits a debt for collection under this Chapter after sending the required notice and the net proceeds collected that are credited to the local agency for the debt exceed the amount of the debt, the local agency must send the balance to the debtor. No part of the collection assistance fees provided in G.S. 105A‑13 may be returned when a notice was sent and a debt is owed but the debt is less than the amount set off.
Interest accrues on the amount of a refund returned to a taxpayer under this subsection in accordance with G.S. 105‑241.21. A local agency that returns a refund to a taxpayer under this subsection must pay from the local agency's funds any interest that has accrued since the fifth day after the Department mailed the notice of setoff to the taxpayer.
"§ 105A‑6. Procedure Department to follow in making setoff.
(a) Notice to Department. – A claimant agency seeking to attempt collection of a debt through setoff must notify the Department in writing and supply information necessary to identify the debtor whose refund or nontax payment is sought to be set off. The claimant agency may include with the notification the date, if any, that the debt is expected to expire. The agency must notify the Department in writing when a debt has been paid or is no longer owed the agency.
(b) Setoff by Department. – The Department, upon
receipt of notification, must determine each year whether the debtor to the
claimant agency is entitled to a refund of or nontax payment and
whether the amount is at least fifty dollars ($50.00) from the
Department. ($50.00). Upon determination by the Department that a
debtor specified by a claimant agency qualifies for such a refund, refund
or nontax payment, the Department must set off the debt against the refund or
nontax payment to which the debtor would otherwise be entitled and must
refund any remaining balance to the debtor. The Department must mail the debtor
written notice that the setoff has occurred and must credit the net proceeds
collected to the claimant agency. If the claimant agency is a State agency,
that agency must credit the amount received to a nonreverting trust account and
must follow the procedure set in G.S. 105A‑8.
"§ 105A‑6.1. State Reciprocal Offset Program.
(a) Agreement. – The Department is authorized to enter into an agreement with the Secretary of the Treasury to participate in the State Reciprocal Offset Program pursuant to 31 U.S.C. § 3716 for the collection of any debts owed to the State or to State agencies from federal payments to vendors, contractors, and taxpayers. The agreement may provide for the United States to submit nontax debts owed to federal agencies for offset against State payments otherwise due and owing to taxpayers, vendors, and contractors providing goods or services to the State, its departments, agencies, or institutions.
(b) Federal Certification. – Pursuant to the agreement authorized in subsection (a) of this section, a federal official may certify to the Department the existence of a person's delinquent, nontax debt owed by the person to the federal government. To accept the certification provided by the federal official, the certification must include the name of the person, the person's Social Security number or federal tax identification number, and the amount of the person's nontax debt and may include any other information pursuant to the agreement authorized herein.
(c) Offset. – Upon receiving a federal certification complying with subsection (b) of this section and a request by the federal official that the Department withhold a refund or nontax payment, the following provisions, as required or permitted by State law, federal law, or the offset agreement, apply:
(1) The Department may determine if a person for whom the federal certification is received is due a refund or nontax payment.
(2) If the person for whom the federal certification is received is due a refund or nontax payment, the Department shall (i) withhold the refund or nontax payment due, (ii) notify the person of the amount withheld in the manner required by the offset agreement, and (iii) remit to the federal official the lesser of the entire amount of the refund or nontax payment or the amount certified.
(3) If the amount certified is less than the refund or nontax payment, the Department shall pay the excess to the person less the collection assistance fee provided in G.S. 105A‑13.
(d) State Certification. – As permitted by State law, federal law, and the offset agreement, the Department may certify to a federal official a person's delinquent debt owed to the State by providing the federal official the name of the person, the person's Social Security number or tax identification number, the amount of the debt due the State, and any other information required by the offset agreement. The Department may request that the federal official withhold any federal vendor or other federal payment pursuant to the offset agreement to which the person is entitled.
(e) Proceeds Retention. – The retention of a portion of the proceeds of any federal administrative setoff pursuant to 31 C.F.R. § 285.6 does not affect the provisions of this section.
…
"§ 105A‑8. State agency notice, hearing, decision, and refund of setoff.
(a) Notice. – Within 10 days after a State agency
receives a refund or nontax payment of a debtor, the agency must send
the debtor written notice that the agency has received the debtor's refund. refund
or nontax payment. The notice must explain the debt that is the basis for
the agency's claim to the debtor's refund or nontax payment and that the
agency intends to apply the refund or nontax payment against the debt.
The notice must also inform the debtor that the debtor has the right to contest
the matter by filing a request for a hearing, must state the time limits and
procedure for requesting the hearing, and must state that failure to request a
hearing within the required time will result in setoff of the debt. A State
agency that does not send a debtor a notice within the time required by this
subsection must refund the amount set off plus the collection assistance fee,
in accordance with subsection (d) of this section.
(b) Hearing. – A hearing on a contested claim of a State agency, except a constituent institution of The University of North Carolina or the Division of Employment Security, must be conducted in accordance with Article 3 of Chapter 150B of the General Statutes. A hearing on a contested claim of a constituent institution of The University of North Carolina must be conducted in accordance with administrative procedures approved by the Attorney General. A hearing on a contested claim of the Division of Employment Security must be conducted in accordance with rules adopted by that Division. A request for a hearing on a contested claim of any State agency must be filed within 30 days after the State agency mails the debtor notice of the proposed setoff. A request for a hearing is considered to be filed when it is delivered for mailing with postage prepaid and properly addressed. In a hearing under this section, an issue that has previously been litigated in a court proceeding cannot be considered.
(c) Decision. – A decision made after a hearing under this section must determine whether a debt is owed to the State agency and the amount of the debt.
(d) Return of Amount Set Off. – If a State agency fails to send the notice required by subsection (a) of this section within the required time or a decision finds that a State agency is not entitled to any part of an amount set off, the agency must send the taxpayer the entire amount set off plus the collection assistance fee retained by the Department. That portion of the amount returned that reflects the collection assistance fee must be paid from the State agency's funds.
If a debtor owes a debt to a State agency and the net proceeds credited to the State agency for the debt exceed the amount of the debt, the State agency must send the balance to the debtor. No part of the collection assistance fee retained by the Department may be returned when a debt is owed but it is less than the amount set off.
Interest accrues on the amount of a refund returned to a taxpayer under this subsection in accordance with G.S. 105‑241.21. A State agency that returns a refund to a taxpayer under this subsection must pay from the State agency's funds any interest that has accrued since the fifth day after the Department mailed the notice of setoff to the taxpayer.
"§ 105A‑9. Appeals from hearings.
Appeals from hearings allowed under this Chapter, other than those conducted by the Division of Employment Security, shall be in accordance with the provisions of Chapter 150B of the General Statutes, the Administrative Procedure Act, except that the place of initial judicial review shall be the superior court for the county in which the debtor resides. Appeals from hearings allowed under this Chapter that are conducted by the Division of Employment Security shall be in accordance with the provisions of Chapter 96 of the General Statutes.
…
"§ 105A‑12. Priorities in claims to setoff.
The Department has priority over all other claimant agencies
for collection by setoff whenever it is a competing agency for a refund. refund
or nontax payment. State agencies have priority over federal or local
agencies for collection by setoff. When there are multiple claims by State
agencies other than the Department, the claims have priority based on the date
each agency registered with the Department under G.S. 105A‑3. When
there are multiple claims by two or more organizations submitting debts on
behalf of federal or local agencies, the claims have priority based on
the date each organization registered with the Department under G.S. 105A‑3.
When there are multiple claims among federal or local agencies whose
debts are submitted by the same organization, the claims have priority based on
the date each federal or local agency requested the organization to
submit debts on its behalf.
"§ 105A‑13. Collection assistance fees.
(a) State Setoff. – To Except as provided in
subsection (b1) of this section, to recover the costs incurred by the
Department in collecting debts under this Chapter, a collection assistance fee
of five dollars ($5.00) is imposed on each debt collected through setoff. The
Department must collect this fee as part of the debt and retain it. The
collection assistance fee shall not be added to child support debts or
collected as part of child support debts. Instead, the Department shall retain
from collections under Division II of Article 4 of Chapter 105 of the General
Statutes the cost of collecting child support debts under this Chapter.
(b) Repealed by Session Laws 2001‑380, s. 3, effective November 1, 2001.
(b1) Federal Debts. – To recover the costs incurred by the Department in collecting debts on behalf of a federal agency under this Chapter, a collection assistance fee equal to the fee charged by the federal government for similar debt collection efforts is imposed on each debt collected through setoff. The Department must collect this fee as part of the debt and retain it.
(c) Local Debts. – To recover the costs incurred by local agencies in submitting debts for collection under this Chapter, a local collection assistance fee of fifteen dollars ($15.00) is imposed on each local agency debt submitted under G.S. 105A‑3(b1) and collected through setoff. The Department must collect this fee as part of the debt and remit it to the clearinghouse that submitted the debt. The local collection assistance fee does not apply to child support debts.
(d) Priority. – If the Department is able to collect only part of a debt through setoff, the collection assistance fee provided in subsection (a) of this section has priority over the local collection assistance fee and over the remainder of the debt. The local collection assistance fee has priority over the remainder of the debt.
"§ 105A‑14. Accounting to the claimant agency; credit to debtor's obligation.
(a) Simultaneously with the transmittal of the net proceeds collected to a claimant agency, the Department must provide the agency with an accounting of the setoffs for which payment is being made. The accounting must whenever possible include the full names of the debtors, the debtors' social security numbers or federal identification numbers, the gross proceeds collected per setoff, the net proceeds collected per setoff, and the collection assistance fee added to the debt and collected per setoff.
(b) Upon receipt by a claimant agency of net proceeds collected on the claimant agency's behalf by the Department, a final determination of the claim if it is a State agency claim, and an accounting of the proceeds as specified under this section, the claimant agency must credit the debtor's obligation with the net proceeds collected.
"§ 105A‑15. Confidentiality exemption; nondisclosure.
(a) Notwithstanding G.S. 105‑259 or any other provision of law prohibiting disclosure by the Department of the contents of taxpayer records or information and notwithstanding any confidentiality statute of any claimant agency, the exchange of any information among the Department, the claimant agency, the organization submitting debts on behalf of a local agency, and the debtor necessary to implement this Chapter is lawful.
(b) The information a claimant agency or an organization submitting debts on behalf of a local agency obtains from the Department in accordance with the exemption allowed by subsection (a) may be used by the agency or organization only in the pursuit of its debt collection duties and practices and may not be disclosed except as provided in G.S. 105‑259, 153A‑148.1, or 160A‑208.1.
"§ 105A‑16. Rules.
The Secretary of Revenue may adopt rules to implement this Chapter. The State Controller may adopt rules to implement this Chapter."
PART XXIX. DEPARTMENT OF TRANSPORTATION
CASH FLOW HIGHWAY FUND AND HIGHWAY TRUST FUND APPROPRIATION
SECTION 29.1.(a) The General Assembly authorizes and certifies anticipated revenues for the Highway Fund as follows:
For Fiscal Year 2017‑2018 $1,960.9 million
For Fiscal Year 2018‑2019 $1,995.5 million
For Fiscal Year 2019‑2020 $2,031.0 million
For Fiscal Year 2020‑2021 $2,059.3 million
SECTION 29.1.(b) The General Assembly authorizes and certifies anticipated revenues for the Highway Trust Fund as follows:
For Fiscal Year 2017‑2018 $1,365.7 million
For Fiscal Year 2018‑2019 $1,389.0 million
For Fiscal Year 2019‑2020 $1,417.6 million
For Fiscal Year 2020‑2021 $1,445.9 million
SECTION 29.1.(c) The Department of Transportation, in collaboration with the Office of State Budget and Management, shall develop a four‑year revenue forecast. The first fiscal year in the four‑year forecast shall be the 2021‑2022 fiscal year. The four‑year revenue forecast developed under this subsection shall be used (i) to develop the four‑year cash flow estimates included in the biennial budgets, (ii) to develop the Strategic Transportation Improvement Program, and (iii) by the Department of the State Treasurer to compute transportation debt capacity.
SMALL CONSTRUCTION, CONTINGENCY, and Economic Development FUNDS
SECTION 29.2.(a) Of the funds appropriated in this act to the Department of Transportation:
(1) Two million five hundred thousand dollars ($2,500,000) in nonrecurring funds shall be allocated in each fiscal year of the biennium for small construction projects recommended by the Chief Engineer in consultation with the Chief Operating Officer and approved by the Secretary of Transportation. These funds shall be allocated equally in each fiscal year of the biennium among the 14 Highway Divisions for small construction projects.
(2) Twelve million dollars ($12,000,000) shall be allocated statewide in each fiscal year of the biennium for rural or small urban highway improvements and related transportation enhancements to public roads and public facilities, industrial access roads, and spot safety projects, including pedestrian walkways that enhance highway safety. Projects funded pursuant to this subdivision shall be approved by the Secretary of Transportation.
SECTION 29.2.(b) The Department of Transportation shall report to the members of the General Assembly on projects funded pursuant to this section in each member's district prior to construction. The Department shall make a quarterly comprehensive report on the use of these funds to the Joint Legislative Transportation Oversight Committee and the Fiscal Research Division.
SECTION 29.2.(c) The funds appropriated in this act to the Economic Development fund shall be used for prioritized transportation improvements and infrastructure that expedite commercial growth as well as either job creation or job retention. Projects funded under this subsection shall be jointly approved by the Secretary of Transportation and the Secretary of Commerce in accordance with the guidelines and procedures developed under subsection (c) of Section 34.7 of S.L. 2013‑360, as amended by Section 34.29 of S.L. 2014‑100.
SECTION 29.2A. There is appropriated from the Highway Fund to the Department of Transportation for the 2015‑2017 fiscal biennium the following amounts for repairs and renovations:
Repairs and Renovations – Highway Fund 2015‑2016 2016‑2017
High‑Rise Code Compliance Renovations $957,000 $957,000
Roof Repairs & Replacements – Statewide 3,450,000 3,450,000
Chilled Water Piping and Insulation Replacement 612,700 612,700
TBC: Annex Building Window Replacement 0 724,000
DOT Elevator Modernization 0 251,000
DMV Field Facilities – Window Replacement
Statewide 0 341,000
Rowan County Renovation and Addition 0 630,000
TOTAL REPAIRS AND RENOVATIONS –
HIGHWAY FUND $5,019,700 $6,965,700
REQUIRE COUNTY OR MUNICIPALITY TO PAY COSTS ASSOCIATED WITH REQUESTED PROJECT IMPROVEMENTS
SECTION 29.5.(a) G.S. 136‑66.3(e) reads as rewritten:
"(e) Authorization to Participate in Project
Additions. – Pursuant to an agreement with the Department of Transportation, a
county or municipality may shall reimburse the Department of
Transportation for the cost of all improvements, improvements
requested by the county or municipality, including additional right‑of‑way,
for a street, highway improvement projects, or other transportation system
improvements approved by the Board of Transportation under G.S. 143B‑350(f)(4),
that are in addition to those improvements that the Department of
Transportation would normally include in the project. Requests for safety
enhancements or increases to mobility shall not be considered improvements
subject to the requirement of this subsection unless the increase or
enhancement is in excess of the standard required by law."
SECTION 29.5.(b) This section is effective when it becomes law and applies to agreements entered into on or after that date.
Board of Transportation/Out‑of‑State Travel
SECTION 29.5A. Expenditures for out‑of‑State travel by the Board of Transportation for the 2015‑2016 fiscal year and each subsequent fiscal year shall not exceed twenty‑five thousand dollars ($25,000).
DEPARTMENT OF TRANSPORTATION OUT‑OF‑STATE TRAVEL
SECTION 29.7. Section 34.5 of S.L. 2014‑100 reads as rewritten:
"SECTION 34.5. Expenditures for out‑of‑state
travel by the Department of Transportation for the 2014‑2015 fiscal year
and all each subsequent fiscal years year shall not
exceed the amount expended during the 2009‑2010 fiscal year. For purposes
of this section, "expenditures for out‑of‑state travel"
includes transportation, conference, registration, and education expenses,
lodging, and meals for Department of Transportation employees traveling outside
of the State.State, but does not include expenditures charged to
federal projects."
SECTION 29.8.(a) Section 34.27 of S.L. 2013‑360, as amended by Section 34.24(a) of S.L. 2014‑100, is repealed.
SECTION 29.8.(b) Subsections (b), (c), and (e) of Section 34.24 of S.L. 2014‑100 are repealed.
SECTION 29.8.(c) G.S. 136‑103.1 is repealed.
SECTION 29.8.(d) Article 2 of Chapter 136 of the General Statutes is amended by adding a new section to read:
"§ 136‑18.03. Outside counsel.
(a) Intent. – It is the intent of the General Assembly that the Department of Transportation exercise the authority granted by this section to maximize operational and project delivery benefits attributed to the avoidance or successful defense of litigation.
(b) Authorization. – The Department of Transportation may engage the services of private counsel with the pertinent expertise to provide legal services related to any project undertaken by the Department. The Department shall supervise and manage the private counsel engaged under this section and, excluding legal services related to workers' compensation claims brought by Department employees, shall not be required to obtain written permission or approval from the Attorney General under G.S. 114‑2.3.
(c) Performance Metrics. – The Department shall develop performance metrics to evaluate its utilization of in‑house counsel and private counsel, to include the following:
(1) A summary of new matters opened by legal area.
(2) Case cycle times.
(3) Resolution of cases.
(4) A comparison of in‑house costs to billable rates for private counsel.
(5) The process for procurement for legal services.
(d) Report. – The Department shall provide a semiannual report to the Joint Legislative Transportation Oversight Committee and the Joint Legislative Justice and Public Safety Oversight Committee on the performance metrics set forth in subsection (c) of this section."
RIGHT‑OF‑WAY ACQUISITIONS/REDUCE REMNANT PROPERTY
SECTION 29.9.(a) Plan. – The Department of Administration, in collaboration with the Department of Transportation, shall develop a plan to reduce the amount of remnant property resulting from the acquisition of rights‑of‑way. The plan shall include a method or methods for disseminating information to contiguous or adjoining landowners and other members of the general public about (i) remnant property eligible for sale or other disposition and (ii) the process for placing a bid or offer on the remnant property, including posting the information required under this subdivision on the Web sites for both Departments.
SECTION 29.9.(b) Report. – The Departments shall jointly report to the Joint Legislative Transportation Oversight Committee by February 1, 2016, on the development of the plan required under this section. The report shall include all of the following:
(1) An identification of all remnant property eligible for sale or other disposition.
(2) An identification of the amount and types of costs incurred by the State from retaining remnant property.
(3) An identification of the estimated fair market value, as determined by the Department of Administration, for each remnant property eligible for sale or other disposition.
(4) An identification of any legal issues that may prohibit, or arise from, the sale or other disposition of other remnant property, if any.
(5) Any other matters or information the Departments jointly deem relevant to the development of the plan.
SECTION 29.9.(c) Implementation. – The Department of Administration shall implement the plan required under this section by July 1, 2016.
SECTION 29.9.(d) This section is effective when this act becomes law.
roadside environmental unit/Litter Program
SECTION 29.9A. The Department of Transportation shall reclassify two vacant positions within the Division of Highways as Office Assistant IV positions within the Roadside Environmental Unit, and the duties of the positions shall include managing the litter program. The Department shall transfer from the highway maintenance units to the Roadside Environmental Unit all functions and funding related to the litter program and lawn mowing.
extend sunset/minority‑owned and women‑owned businesses in transportation contracts
SECTION 29.9B. G.S. 136‑28.4(e) reads as rewritten:
"(e) This section expires August 31, 2015.2017."
SECTION 29.12.(a) G.S. 136‑89.183(a)(5) reads as rewritten:
"(5) To fix, revise, charge, retain, enforce, and
collect tolls and fees for the use of the Turnpike Projects. PriorThirty
days prior to the effective date of any toll or fee for use of a Turnpike
Facility, the Authority shall submit a description of the proposed toll or fee
to the Board of Transportation, the Joint Legislative Transportation Oversight
Committee and the Joint Legislative Commission on Governmental Operations for
review."
SECTION 29.12.(b) G.S. 143B‑350(f)(4) reads as rewritten:
"(4) To approve a schedule of all major
transportation improvement projects and their anticipated cost. This schedule
is designated the Transportation Improvement Program. The Board shall publish
the schedule in a format that is easily reproducible for distribution and
make copies available for distribution. distribution in accordance
with the process established for public records in Chapter 132 of the General
Statutes. The document that contains the Transportation Improvement
Program, or a separate document that is published at the same time as the
Transportation Improvement Program, shall include the anticipated funding
sources for the improvement projects included in the Program, Program
and a list of any changes made from the previous year's Program, and the
reasons for the changes."
SECTION 29.12.(c) G.S. 136‑44.8(a1) reads as rewritten:
"(a1) In each county having unpaved roads programmed for paving, representatives of the Department of Transportation shall annually provide to the board of county commissioners in those counties a list of roads proposed for the annual paving program approved by the Board of Transportation. The paving priority list shall include the priority rating of each secondary road paving project included in the proposed paving program according to the criteria and standards adopted by the Board of Transportation. In addition to the list required under this subsection, the Department of Transportation shall annually provide to the board of county commissioners a summary of unpaved secondary road projects completed in the particular county for the prior calendar year, including an indication as to which projects were not completed on schedule and a detailed explanation as to why the projects were not completed on schedule."
SECTION 29.12.(d) G.S. 136‑44.9 is repealed.
SECTION 29.12.(e) G.S. 136‑28.6(h) reads as rewritten:
"(h) The Secretary shall report in writing, on a
quarterly an annual basis, to the Joint Legislative Commission on
Governmental Operations Transportation Oversight Committee on all
agreements entered into between a private developer and the Department of
Transportation for participation in private engineering and construction
contracts under this section, as well as (i) agreements by counties and
municipalities to participate in private engineering and construction contracts
under subsection (i) of this section and (ii) pass‑through funding from
private developers to counties or municipalities for State transportation
projects. The information in the report required by this subsection shall be
set forth separately for each division of the Department of Transportation."
SECTION 29.12.(f) G.S. 136‑66.3(f) reads as rewritten:
"(f) Report to General Assembly. – The Department
shall report in writing, on a monthly an annual basis, to the
Joint Legislative Commission on Governmental Operations Transportation
Oversight Committee on all agreements entered into between counties,
municipalities and the Department of Transportation. The report shall state in
summary form the contents of such the agreements. The
information in the report required by this subsection shall be set forth
separately for each division of the Department of Transportation."
SECTION 29.12.(g) G.S. 136‑28.10(c) reads as rewritten:
"(c) The Secretary of Transportation shall report quarterly
annually to the Joint Legislative Transportation Oversight Committee
on the implementation of this section. The information in the report
required by this subsection shall be set forth separately for each division of
the Department of Transportation."
SECTION 29.12.(h) G.S. 143B‑350 is amended by adding a new subsection to read:
"(p) Reports. – Notwithstanding any other provision of law, any report required to be submitted by the Board to the General Assembly or a committee thereof is due by the 15th day of the month that the report is due."
OUTSOURCING OF PRECONSTRUCTION ACTIVITY
SECTION 29.13.(a) Section 34.13(a) of S.L. 2014‑100 reads as rewritten:
"SECTION 34.13.(a) The Department of Transportation shall seek to increase the use of contracts to further privatize preconstruction work where practical, economical, and likely to lead to increased efficiency. In doing so, the Department of Transportation shall meet each of the following privatization requirements:
(1) Increase the outsourcing of all activities
performed by the Department's Preconstruction and Technical Services units to
seventy percent (70%) of the total cost of activities performed by those units
in fiscal year 2014‑2015, 2015‑2016, excluding the
cost of activities performed by the Turnpike Authority, the Structures Design
and Management unit, and the Bridge Program.
(2) Increase the outsourcing of all activities
performed by the Department's Roadway Design unit to fifty percent (50%) of the
total cost of activities performed by that unit in fiscal year 2014‑2015.2015‑2016.
(3) Increase the outsourcing of all activities
performed by the Department's Project Development and Environmental Analysis
unit to sixty‑five percent (65%) of the total cost of activities
performed by that unit in fiscal year 2014‑2015.2015‑2016.
(4) The Based on the total expenditures for
outsourced activity in fiscal year 2013‑2014, the Department's Right‑of‑Way
unit shall increase the total expenditures for outsourced activity by five
percent (5%) in fiscal year 2014‑2015.2015‑2016."
SECTION 29.13.(b) Section 34.13(d) of S.L. 2014‑100 reads as rewritten:
"SECTION 34.13.(d) The Department shall report
no later than October 1, 2014, 2015, and quarterly thereafter, to
the Joint Legislative Transportation Oversight Committee and the Fiscal
Research Division regarding its implementation of this section, including any
reductions in force used to meet privatization requirements."
Reclassify Funding Source for Certain Positions
SECTION 29.14. No later than May 1, 2016, the Department of Transportation, in consultation with the Fiscal Research Division and the Office of State Budget and Management, shall reclassify to appropriation the funding source for all full‑time positions that are budgeted as receipt‑supported on the basis of charging to projects and shall adjust budgeted funds accordingly. Employees in the Division of Highways shall be attributed to the respective Highway Division fund codes within the Highway Fund. Notwithstanding any other provision of law, the Department of Transportation is authorized to reallocate sufficient funds from the Primary Maintenance, Secondary Maintenance, and General Maintenance Reserve fund codes to each Highway Division to pay for salary and related costs associated with the reclassified positions. Receipt‑supported positions in other organizational units within the Department of Transportation shall be funded through existing fund codes and funding sources for their assigned organizational units.
DOT/Streamlining and Reorganization
SECTION 29.14A.(a) Intent. – It is the intent of the General Assembly to reduce costs and increase efficiencies within the Department of Transportation. To achieve this intent, the General Assembly finds that the elimination and reorganization of certain positions, units, and programs is necessary.
SECTION 29.14A.(b) Position Eliminations. – In accordance with G.S. 126‑7.1, but by no later than 60 days after the effective date of this section, the Department of Transportation shall eliminate the following positions:
Position number Title
60026819 Processing Assistant III
60026963 Technical Support Analyst
60026961 Technical Support Analyst
60026964 Engineering Technician
60026962 Technology Support Analyst
60015475 Engineering Technician
60027682 Processing Assistant V
60024002 Management Engineer III
60029011 Engineer
60029012 Architect Supervisor
60029019 Engineering Technician
60015784 Engineer
60015785 Environmental Specialist
60018852 Marine Welder
60024003 Technology Support Analyst
60024034 Administrative Officer II
60024046 Radio Communications Engineer
60024055 Technical Trainer II
60024057 Technical Trainer II
60024058 Technical Trainer II
60024072 Radio Engineer I
60024011 Information Processing Technician
60024012 Information Processing Technician
60024041 Information Processing Technician
60024068 Administrative Assistant III
60027194 Engineer
60026559 Engineer
60026603 Engineer
60026472 Engineer
60026509 Engineer
60026843 Engineering Supervisor
60027171 Engineering Manager
60029468 Engineer
60029009 Engineering Technician
60029014 Engineering Technician
60029015 Engineering Supervisor
60029018 Engineering Technician
60025908 Engineering Supervisor
60025855 Engineer
60025937 Engineering Supervisor
60025980 Engineer
60025919 Engineering Technician
60026010 Engineer
60025859 Engineer
60025846 Engineer
60026005 Engineering Supervisor
60026015 Engineer
60025862 Engineer
60025999 Engineer
60025877 Engineer
60025945 Engineering Supervisor
60026805 Engineering Technician
60026944 Engineering Technician
60025069 Engineering Manager
60027023 Engineering Director
60027025 Engineer
SECTION 29.14A.(c) Vacant Positions. – The Office of State Budget and Management shall eliminate all vacant positions within units or programs of the Department of Transportation in which all filled positions have been eliminated.
SECTION 29.14A.(d) Reorganization and Consolidation. – Notwithstanding any other provision of law, the Department of Transportation may, when it deems necessary for purposes of eliminating redundancies and achieving efficiencies, reorganize or consolidate any unit or program within the Department of Transportation in which a filled position has been eliminated under this section.
SECTION 29.14A.(e) Plan for Future Position Elimination and Reorganization. – It is the intent of the General Assembly for the 2016‑2017 fiscal year to reduce the number of administrative, managerial, supervisory, and oversight functions centrally or regionally based in offices of the Department of Transportation and shift decision making on project development to the highway divisions. To achieve this intent, the Department of Transportation shall submit a plan to eliminate at least ten percent (10%) of the total amount of filled positions that are centrally or regionally based as of June 30, 2015, and that perform administrative, managerial, supervisory, or oversight functions. In addition, the plan shall describe the functions performed at the centrally and regionally based offices, including justification as to why each function cannot be outsourced, consolidated, or shifted to the highway divisions. The Department of Transportation shall submit the plan required under this subsection to the chairs of the Senate Appropriations Committee on the Department of Transportation and the House of Representatives Committee on Transportation Appropriations and the Joint Legislative Transportation Oversight Committee by January 1, 2016.
SECTION 29.14A.(f) Effective Date. – This section is effective when it becomes law.
STUDY/TURNPIKE AUTHORITY PROCESSING FEE
SECTION 29.15.(a) Study. – The Department of Transportation shall study whether the amount of the processing fee set forth in G.S. 136‑89.215 is in excess of the actual cost to collect and process unpaid open road tolls. The following information, set forth separately for each calendar year since the fee's enactment, shall be included within the study:
(1) The amount of the processing fee.
(2) The total amount of proceeds generated by the imposition of the processing fee.
(3) The total amount of costs incurred by the Turnpike Authority to collect and process unpaid open road tolls and a description of how the Department determined the total amount of costs incurred.
(4) An identification of whether the processing fees collected exceeded, equaled, or fell short of the costs incurred by the Turnpike Authority for collecting and processing unpaid open road tolls.
SECTION 29.15.(b) Report. – The Department shall report its findings to the Joint Legislative Transportation Oversight Committee by March 1, 2016.
Adjust Cap on Turnpike Projects
SECTION 29.15A. G.S. 136‑89.183(a)(2) reads as rewritten:
"§ 136‑89.183. Powers of the Authority.
(a) The Authority shall have all of the powers necessary to execute the provisions of this Article, including the following:
…
(2) To study, plan, develop, and undertake preliminary
design work on up to nine Turnpike Projects. At the conclusion of these
activities, the Turnpike Authority is authorized to design, establish,
purchase, construct, operate, and maintain no more than eleven projects, which
shall include the following projects:following:
a. Triangle Expressway, including segments also known
as N.C. 540, Triangle Parkway, and the Western Wake Freeway in Wake and Durham
Counties. The described segments constitute three projects.one
project.
b. Repealed by Session Laws 2013‑183, s. 5.1, effective July 1, 2013.
c. Monroe Connector/Bypass.
d., e. Repealed by Session Laws 2013‑183, s. 5.1, effective July 1, 2013.
f. Repealed by Session Laws 2008‑225, s. 4, effective August 17, 2008.
Any other project proposed by the Authority in addition to the projects listed in this subdivision requires prior consultation with the Joint Legislative Commission on Governmental Operations pursuant to G.S. 120‑76.1 no less than 180 days prior to initiating the process required by Article 7 of Chapter 159 of the General Statutes.
With the exception of the four two
projects set forth in sub‑subdivisions a. and c. of this subdivision,
the Turnpike projects selected for construction by the Turnpike Authority,
prior to the letting of a contract for the project, shall meet the following
conditions: (i) two of the projects must be ranked in the top 35 based on total
score on the Department‑produced list entitled "Mobility Fund
Project Scores" dated June 6, 2012, and, in addition, may be subject to G.S. 136‑18(39a);
(ii) of the projects not ranked as provided in (i), one may be subject to G.S. 136‑18(39a);
(iii) the projects shall be included in any applicable locally adopted
comprehensive transportation plans; (iv) the projects shall be shown in the
current State Transportation Improvement Program; and (v) toll projects must be
approved by all affected Metropolitan Planning Organizations and Rural
Transportation Planning Organizations for tolling."
USE OF FUNDS FOR PAVEMENT PRESERVATION PROGRAM
SECTION 29.17.(a) G.S. 136‑44.17 reads as rewritten:
"§ 136‑44.17. Pavement preservation program.
…
(b) Eligible Activities or Treatments. – Applications eligible for funding under the pavement preservation program include the following preservation activities or treatments for asphalt pavement structures:
(1) Chip seals, slurry seals, fog seals, sand seals, scrub seals, and cape seals.
(2) Microsurfacing.
(3) Profile milling not covered by resurfacing.
(4) Asphalt rejuvenators.
(5) Open graded asphalt friction course.
(6) Overlays less than 1,000 feet in length.
(7) Diamond grinding.
(8) Joint sealing.
(9) Dowel bar retrofit.
(10) Partial‑depth or full‑depth repairs and reclamations.
(11) Ultra‑thin whitetopping.
(12) Thin lift and sand asphalt overlays.
(13) Asphalt crack sealing.
(c) Ineligible Activities or Treatments. – The pavement preservation program shall not include the following preservation activities or treatments:
(1) Contract resurfacing activities or major pavement rehabilitation treatments and pretreatments that are used in combination with a resurfacing treatment, such as profile milling or chip seals.
(2) Routine maintenance activities used to maintain and
preserve the condition of roads. Treatments include, but are not limited to, asphalt
crack sealing, pothole patching, rut filling, cleaning of roadside ditches
and structures, shoulder maintenance, and retracing of pavement markings.
(3) Maintenance and preservation activities performed on bridges or culverts.
(4) Activities related to positive guidance or signal maintenance program functions.
(d) Encumbrance Schedule. – Beginning in the 2015‑2016 fiscal year, the Department of Transportation shall spend or encumber all funds appropriated by the General Assembly to the Department for the pavement preservation program by June 30 of the fiscal year for which the funds were appropriated."
SECTION 29.17.(b) Subsection (k) of Section 34.11 of S.L. 2014‑100 is repealed.
SECTION 29.17.(c) Subdivision (3) of subsection (l) of Section 34.11 of S.L. 2014‑100 reads as rewritten:
"(3) The statewide cost per lane mile (hereafter "unit
cost") along with unit cost for each division and for each type of
treatment. The Department shall provide an explanation for unit costs that vary
by more than twenty percent (20%)ten percent (10%) from the
statewide unit cost."
SECTION 29.17.(d) Subsection (c) of this section is effective when this act becomes law and applies to reports submitted on or after that date.
Funds for Contract Resurfacing
SECTION 29.17C.(a) Subsection (e) of Section 34.11 of S.L. 2014‑100 is repealed.
SECTION 29.17C.(b) G.S. 136‑44.3A reads as rewritten:
"§ 136‑44.3A. Highway Maintenance Improvement Program.
…
(d) Contract Maintenance Resurfacing Program
Letting Schedule. – Beginning in the 2015‑2016 fiscal year, and based on
the amount of funds appropriated in the prior fiscal year by the General
Assembly to the Department for the contract maintenance resurfacing program,
the Department shall let contracts that total at least seventy percent (70%) of
contract resurfacing program funds included in the certified budget annually by
September 1.
(d1) Encumbrance Schedule. – Beginning in the 2015‑2016 fiscal year, the Department of Transportation shall spend or encumber all funds appropriated by the General Assembly to the Department for the contract maintenance resurfacing program by June 30 of the fiscal year for which the funds were appropriated.
…."
Stabilization of Funding for State Aid to Municipalities
SECTION 29.17D. G.S. 136‑41.1(a) reads as rewritten:
"(a) There is annually appropriated out of the
State Highway Fund a sum equal to ten and four‑tenths percent (10.4%) of
the net amount after refunds that was produced during the fiscal year by the
tax imposed under Article 36C of Chapter 105 of the General Statutes and on the
equivalent amount of alternative fuel taxed under Article 36D of that Chapter.
One‑half Upon appropriation of funds by the General Assembly to
the Department of Transportation for State aid to municipalities, one‑half
of the amount appropriated shall be allocated in cash on or before October
1 of each year to the cities and towns of the State in accordance with this
section. The second one‑half of the amount appropriated shall be
allocated in cash on or before January 1 of each year to the cities and towns
of the State in accordance with this section. The appropriation from the
Highway Fund shall be based on revenue collected during the fiscal year
preceding the date the distribution is made.
Seventy‑five percent (75%) of the funds appropriated for cities and towns shall be distributed among the several eligible municipalities of the State in the percentage proportion that the population of each eligible municipality bears to the total population of all eligible municipalities according to the most recent annual estimates of population as certified to the Secretary of Revenue by the State Budget Officer. This annual estimation of population shall include increases in the population within the municipalities caused by annexations accomplished through July 1 of the calendar year in which these funds are distributed. Twenty‑five percent (25%) of said fund shall be distributed among the several eligible municipalities of the State in the percentage proportion that the mileage of public streets in each eligible municipality which does not form a part of the State highway system bears to the total mileage of the public streets in all eligible municipalities which do not constitute a part of the State highway system.
It shall be the duty of the mayor of each municipality to report to the Department of Transportation such information as it may request for its guidance in determining the eligibility of each municipality to receive funds under this section and in determining the amount of allocation to which each is entitled. Upon failure of any municipality to make such report within the time prescribed by the Department of Transportation, the Department of Transportation may disregard such defaulting unit in making said allotment.
The funds to be allocated under this section shall be paid in cash to the various eligible municipalities on or before October 1 and January 1 of each year as provided in this section. Provided that eligible municipalities are authorized within the discretion of their governing bodies to enter into contracts for the purpose of maintenance, repair, construction, reconstruction, widening, or improving streets of such municipalities at any time after January 1 of any calendar year in total amounts not to exceed ninety percent (90%) of the amount received by such municipality during the preceding fiscal year, in anticipation of the receipt of funds under this section during the next fiscal year, to be paid for out of such funds when received.
The Department of Transportation may withhold each year an amount not to exceed one percent (1%) of the total amount appropriated for distribution under this section for the purpose of correcting errors in allocations: Provided, that the amount so withheld and not used for correcting errors will be carried over and added to the amount to be allocated for the following year.
The word "street" as used in this section is hereby defined as any public road maintained by a municipality and open to use by the general public, and having an average width of not less than 16 feet. In order to obtain the necessary information to distribute the funds herein allocated, the Department of Transportation may require that each municipality eligible to receive funds under this section submit to it a statement, certified by a registered engineer or surveyor of the total number of miles of streets in such municipality. The Department of Transportation may in its discretion require the certification of mileage on a biennial basis."
Study/Improving Safety on Secondary Roads
SECTION 29.17E.(a) Study. – The Department of Transportation shall study ways to improve safety and decrease the number of traffic accidents and fatalities occurring on secondary roads. The study shall include all of the following:
(1) An identification of the secondary roads with the highest number of traffic accidents and fatalities.
(2) An identification of the most common causes listed for traffic accidents and fatalities occurring on secondary roads.
(3) Any other matters or information the Department deems relevant to the completion of the study.
SECTION 29.17E.(b) Report. – The Department shall report its findings and recommendations, including any legislative proposals, to the Joint Legislative Transportation Oversight Committee by February 1, 2016.
Relocation Costs/Sale of Visitor Center in Boone, NC
SECTION 29.17F. If the visitor center located in the Town of Boone is sold or otherwise disposed of during the 2015‑2017 fiscal biennium, there is appropriated from the Special Registration Plate Account the sum of fifty thousand dollars ($50,000) in nonrecurring funds to the North Carolina High Country Host, Inc., for the purpose of covering costs incurred from renovating or upfitting the relocated visitor center. These funds shall be in addition to any other funds the North Carolina High Country Host, Inc., may receive under G.S. 20‑79.7 for the operation of a visitor center.
REPORT/USE OF COAL COMBUSTION RESIDUALS
SECTION 29.18. Report. – By January 15, 2016, the Utilities Commission shall submit a report to the Joint Legislative Commission on Governmental Operations, the Joint Legislative Transportation Oversight Committee, and the Environmental Review Commission on the incremental cost incentives related to coal combustion residuals surface impoundments for investor‑owned public utilities. The report shall include all of the following:
(1) The Utilities Commission policy on allowed incremental cost recoupment.
(2) The impact on utility customers' rates under the current policy on allowed incremental cost recoupment.
(3) Possible revisions to the current policy on allowed incremental cost recoupment that would promote reprocessing and other technologies that allow the reuse of coal combustion residuals stored in surface impoundments for concrete and other beneficial end uses.
RAIL DIVISION/STUDY ESTABLISHING COMMERCIAL FREIGHT RAIL SERVICE IN JACKSONVILLE
SECTION 29.21.(a) Study. – The Rail Division of the Department of Transportation, in collaboration with the Camp Lejeune Marine Corps Air Base, the Jacksonville Urban Area Metropolitan Planning Organization, the City of Jacksonville, Onslow County, and the Norfolk Southern Railway Company, shall study the feasibility and advisability of establishing a commercial freight rail service along the Camp Lejeune rail line located in Onslow County, North Carolina. The study shall include all of the following:
(1) An evaluation of the maintenance needs of the existing rail line and any enhancements needed to support commercial freight access.
(2) An evaluation of the use of partnership opportunities to complete long‑term maintenance and enhancements in order to minimize the cost burden for all parties involved.
(3) Any other matters that the Rail Division deems relevant to the study.
SECTION 29.21.(b) Report. – The Rail Division shall report its findings to the Chairs of the Senate Appropriations Committee on the Department of Transportation and the House of Representatives Committee on Transportation Appropriations by July 1, 2016.
PASSENGER RAIL RECEIPT‑GENERATING ACTIVITIES
SECTION 29.22.(a) G.S. 136‑18 is amended by adding a new subdivision to read:
"(44a) Where the Department owns or leases the passenger rail facility, owns or leases the rail equipment, or holds leasehold or license rights for the purpose of operating passenger stations, the Department may operate or contract for the following receipt‑generating activities and use the proceeds to fund passenger rail operations:
a. Where the Department owns the passenger rail facility or owns or leases the rail equipment, operation of concessions on State‑funded passenger trains and at passenger rail facilities to provide to passengers food, drink, and other refreshments, personal comfort items, Internet access, and souvenirs publicizing the passenger rail system.
b. Where the Department holds leasehold or license rights for the purpose of operating passenger stations, operation of concessions at rail passenger facilities to provide food, drink, and other refreshments, personal comfort items, Internet access, and souvenirs publicizing the passenger rail system, in accordance with the terms of the leasehold or license.
c. Advertising on or within the Department's passenger rail equipment or facility, including display advertising and advertising delivered to passengers through the use of video monitors, public address systems installed in passenger areas, and other electronic media.
d. The sale of naming rights to Department‑owned passenger rail equipment or facilities."
SECTION 29.22.(b) G.S. 66‑58(c)(21) reads as rewritten:
"(21) Any activity conducted or contracted for by the Department of Transportation that is authorized by G.S. 136‑18(44a) or G.S. 136‑82(f)."
FREIGHT RAIL & RAIL CROSSING SAFETY IMPROVEMENT FUND USES
SECTION 29.23. G.S. 124‑5.1 reads as rewritten:
"§ 124‑5.1. North Carolina Railroad Company dividends deposited to Highway Fund.
Any dividends of the North Carolina Railroad Company received by the State shall be deposited into the Freight Rail & Rail Crossing Safety Improvement Fund within the Highway Fund and administered by the Rail Division of the Department of Transportation. The Fund shall be used for the enhancement of freight rail service and railroad‑roadway crossing safety, which may include the following project types:
(1) Track and associated infrastructure improvements for freight service.
(2) Grade crossing protection, elimination, and hazard removal.
(3) Signalization improvements.
(4) Assistance for projects to improve rail access to industrial, port, and military facilities and for freight intermodal facility improvements, provided that funding assistance under this subdivision shall be subject to the same limits as that for short‑line railroads under G.S. 136‑44.39.
(5) Corridor protection and reactivation.
The Fund may also be used to supplement funds allocated for freight rail or railroad‑roadway crossing safety projects approved as part of the Transportation Improvement Program."
Use of Proceeds Generated from Shipyard
SECTION 29.23A. G.S. 136‑82 reads as rewritten:
"§ 136‑82. Department of Transportation to establish and maintain ferries.
…
(d) Use of Toll Proceeds. – The Department of Transportation shall credit the proceeds from tolls collected on North Carolina Ferry System routes and certain receipts generated under subsection (f) of this section to reserve accounts within the Highway Fund for each of the Highway Divisions in which system terminals are located and fares are earned. For the purposes of this subsection, fares are earned based on the terminals from which a passenger trip originates and terminates. Commuter pass receipts shall be credited proportionately to each reserve account based on the distribution of trips originating and terminating in each Highway Division. The proceeds credited to each reserve account shall be used exclusively for prioritized North Carolina Ferry System ferry passenger vessel replacement projects in the Division in which the proceeds are earned. Proceeds may be used to fund ferry passenger vessel replacement projects or supplement funds allocated for ferry passenger vessel replacement projects approved in the Transportation Improvement Program.
…
(f) Authority to Generate Certain Receipts. – The
Department of Transportation, notwithstanding any other provision of law, may
operate or contract for the following receipt‑generating activities and
and, except as otherwise provided in subsection (f1) of this section, use
the proceeds for ferry passenger vessel replacement projects in the manner set
forth in subsection (d) of this section:
…
(f1) Use of Receipts Generated From Shipyard. – The Department of Transportation shall credit the proceeds from receipts generated under subsection (f) of this section from activities performed by the North Carolina State Shipyard to a reserve account within the Highway Fund to be used exclusively for improvements to the Shipyard, including equipment and associated infrastructure. Notwithstanding the restrictions on the use of proceeds set forth in subsections (d) and (f) of this section, the Department may use a proportional amount of the proceeds credited to each reserve account described in subsection (d) of this section to replace or repair equipment in accordance with this subsection if there is an insufficient amount of funds in the reserve account within the Highway Fund for the Shipyard.
…."
Set Fee for Priority Boarding on Ferry
SECTION 29.23B.(a) G.S. 136‑82(f) is amended by adding a new subdivision to read:
"(3a) Issuance of annual passes to individual passengers that entitle the passengers to priority when boarding a ferry passenger vessel. The Department of Transportation shall charge an annual fee of one hundred fifty dollars ($150.00) for each pass issued under this subdivision. The fee shall be in addition to any applicable ferry toll. In addition to the purposes set forth in this subsection, proceeds from fees collected under this subdivision may be used for operating expenses of the route in which the fee was collected. Notwithstanding any other provision of law, the Department of Transportation shall not provide free of charge annual passes to individual passengers that entitle the passengers to priority when boarding a ferry passenger vessel."
SECTION 29.23B.(b) This section becomes effective July 1, 2015, and applies to passes issued on or after that date.
RFI and Study/Privatization of Ferry System
SECTION 29.23C.(a) Intent. – The General Assembly finds that the privatization of the North Carolina Ferry System would provide a more cost‑effective service model for the citizens of the State. Therefore, it is the intent of the General Assembly to ascertain market interest for the private operation of the North Carolina Ferry System or its component parts.
SECTION 29.23C.(b) Request for Information. – The Board of Transportation shall issue a request for information (RFI) for the privatization of the North Carolina Ferry System.
SECTION 29.23C.(c) Report. – The Board of Transportation shall report to the Joint Legislative Transportation Oversight Committee and the Fiscal Research Division no later than February 1, 2016, on the results of the RFI and whether it is more cost‑effective to privatize the North Carolina Ferry System.
SECTION 29.23C.(d) Study. – The Joint Legislative Transportation Oversight Committee shall study the feasibility and desirability of privatizing the North Carolina Ferry System. The study shall include ownership, governance, and regulatory issues related to (i) potential privatization of the North Carolina Ferry System and (ii) privately owned ferries currently operating in North Carolina. The Joint Legislative Transportation Oversight Committee shall report its findings and any legislative proposals to the 2016 Regular Session of the 2015 General Assembly.
USE OF FUNDS APPROPRIATED TO DIVISION OF AVIATION
SECTION 29.27. Of the funds appropriated in this act to the Division of Aviation of the Department of Transportation, the Division shall allocate (i) the sum of three million five hundred thousand dollars ($3,500,000) in nonrecurring funds for the 2015‑2016 fiscal year to the Cape Fear Regional Jetport to be used for improvements to the Jetport and (ii) the sum of one million dollars ($1,000,000) in nonrecurring funds for the 2015‑2016 fiscal year to the Albert J. Ellis Airport to be used for the establishment of an air traffic control tower. The remaining funds appropriated in this act to the Division may be used for time‑sensitive, aviation‑related economic development projects.
SECTION 29.27A.(a) G.S. 20‑97 reads as rewritten:
"§ 20‑97. Taxes credited to Highway Fund; municipal vehicle taxes.
(a) State Taxes to Highway Fund. – All taxes levied under this Article are compensatory taxes for the use and privileges of the public highways of this State. The taxes collected shall be credited to the State Highway Fund. Except as provided in this section, no county or municipality shall levy any license or privilege tax upon any motor vehicle licensed by the State.
(b) General Municipal Vehicle Tax. – Cities
and towns may levy a tax of not more than five dollars ($5.00) per year upon
any vehicle resident in the city or town. The proceeds of the tax may be used
for any lawful purpose.
(b1) Municipal Vehicle Tax. – A city or town may levy an annual municipal vehicle tax upon any vehicle resident in the city or town. The aggregate annual municipal vehicle tax levied, including any annual municipal vehicle tax authorized by local legislation, may not exceed thirty dollars ($30.00) per vehicle. A city or town may use the net proceeds from the municipal vehicle tax as follows:
(1) General purpose. – Not more than five dollars ($5.00) of the tax levied may be used for any lawful purpose.
(2) Public transportation. – Not more than five dollars ($5.00) of the tax levied may be used for financing, constructing, operating, and maintaining local public transportation systems. This subdivision only applies to a city or town that operates a public transportation system as defined in G.S. 105‑550.
(3) Public streets. – The remainder of the tax levied may be used for maintaining, repairing, constructing, reconstructing, widening, or improving public streets in the city or town that do not form a part of the State highway system.
(c) Municipal Vehicle Tax for Public
Transportation. – A city or town that operates a public transportation system
as defined in G.S. 105‑550 may levy a tax of not more than five
dollars ($5.00) per year upon any vehicle resident in the city or town. The tax
authorized by this subsection is in addition to the tax authorized by
subsection (b) of this section. A city or town may not levy a tax under this
section, however, to the extent the rate of tax, when added to the general
motor vehicle taxes levied by the city or town under subsection (b) of this
section and under any local legislation, would exceed thirty dollars ($30.00)
per year. The proceeds of the tax may be used only for financing, constructing,
operating, and maintaining local public transportation systems. Cities and
towns shall use the proceeds of the tax to supplement and not to supplant or
replace existing funds or other resources for public transportation systems.
This subsection does not apply to the cities and towns in Gaston County.
(d) Municipal Taxi Tax. – Cities and towns may levy a tax of not more than fifteen dollars ($15.00) per year upon each vehicle operated in the city or town as a taxicab. The proceeds of the tax may be used for any lawful purpose.
(e) No Additional Local Tax. – No county, city or town may impose a franchise tax, license tax, or other fee upon a motor carrier unless the tax is authorized by this section."
SECTION 29.27A.(b) This section is effective when it becomes law. This section does not change, repeal, or affect any local modifications to G.S. 20‑97(b) enacted on or before the effective date.
Adjust Distribution of Revenue from Motor Fuel Excise Tax Rate
SECTION 29.27B.(a) G.S. 105‑449.125 reads as rewritten:
"§ 105‑449.125. Distribution of tax revenue among various funds and accounts.
The Secretary shall allocate the amount of revenue collected under this Article from an excise tax of one‑half cent (1/2¢) a gallon to the following funds and accounts in the fraction indicated:
Fund or Account Amount
Commercial Leaking Petroleum
Underground Storage Tank Cleanup Fund Nineteen thirty‑seconds
Noncommercial Leaking Petroleum
Underground Storage Tank Cleanup Fund Three thirty‑seconds
Water and Air Quality Account Five‑sixteenths.
The Secretary shall allocate seventy‑five percent (75%)
seventy percent (70%) of the remaining excise tax revenue collected
under this Article to the Highway Fund and shall allocate twenty‑five
percent (25%) thirty percent (30%) to the Highway Trust Fund.
The Secretary shall charge a proportionate share of a refund allowed under this Article to each fund or account to which revenue collected under this Article is credited. The Secretary shall credit revenue or charge refunds to the appropriate funds or accounts on a monthly basis."
SECTION 29.27B.(b) G.S. 105‑449.125, as amended by subsection (a) of this section, reads as rewritten:
"§ 105‑449.125. Distribution of tax revenue among various funds and accounts.
The Secretary shall allocate the amount of revenue collected under this Article from an excise tax of one‑half cent (1/2¢) a gallon to the following funds and accounts in the fraction indicated:
Fund or Account Amount
Commercial Leaking Petroleum
Underground Storage Tank Cleanup Fund Nineteen thirty‑seconds
Noncommercial Leaking Petroleum
Underground Storage Tank Cleanup
Fund Three thirty‑seconds
Water and Air Quality Account Five‑sixteenths.
The Secretary shall allocate seventy percent (70%) of the remaining excise tax revenue collected under this Article to the Highway Fund and shall allocate thirty percent (30%) to the Highway Trust Fund.
The Secretary shall charge a proportionate share of a refund allowed under this Article to each fund or account to which revenue collected under this Article is credited. The Secretary shall credit revenue or charge refunds to the appropriate funds or accounts on a monthly basis."
SECTION 29.27B.(c) Subsection (b) of this section becomes effective July 1, 2016, and applies to revenue collected on or after that date.
INCREASE AND ADJUST DMV FEES
SECTION 29.30.(a) G.S. 20‑7(i1) reads as rewritten:
"(i1) Restoration Fee. – Any person whose drivers
license has been revoked pursuant to the provisions of this Chapter, other than
G.S. 20‑17(a)(2) shall pay a restoration fee of fifty dollars
($50.00). A person whose drivers license has been revoked under G.S. 20‑17(a)(2)
shall pay a restoration fee of one hundred dollars ($100.00). The fee shall be
paid to the Division prior to the issuance to such person of a new drivers
license or the restoration of the drivers license. The restoration fee shall be
paid to the Division in addition to any and all fees which may be provided by
law. This restoration fee shall not be required from any licensee whose license
was revoked or voluntarily surrendered for medical or health reasons whether or
not a medical evaluation was conducted pursuant to this Chapter. The fifty‑dollar
($50.00) fee, and the first fifty dollars ($50.00) seventy‑five
dollars ($75.00) of the one‑hundred‑dollar ($100.00) fee, shall
be deposited in the Highway Fund. Twenty‑five dollars ($25.00) of the one‑hundred‑dollar
($100.00) fee shall be used to fund a statewide chemical alcohol testing
program administered by the Forensic Tests for Alcohol Branch of the Chronic
Disease and Injury Section of the Department of Health and Human Services. The
remainder of the one‑hundred‑dollar ($100.00) fee shall be
deposited in the General Fund. The Office of State Budget and Management
shall annually report to the General Assembly the amount of fees deposited
in the General Fund and transferred to the Forensic Tests for Alcohol
Branch of the Chronic Disease and Injury Section of the Department of Health
and Human Services under this subsection.
Effective with the 2011‑2012 fiscal year, from the
funds deposited in the General Fund under this subsection the sum of five
hundred thirty‑seven thousand four hundred fifty‑five dollars
($537,455) shall be transferred annually to the Board of Governors of The
University of North Carolina to be used for the operating expenses of the
Bowles Center for Alcohol Studies at The University of North Carolina at Chapel
Hill."
SECTION 29.30.(a1) G.S. 20‑7, as amended by subsection (a) of this section, reads as rewritten:
"§ 20‑7. Issuance and renewal of drivers licenses.
…
(i) Fees. – The fee for a regular drivers license is the amount set in the following table multiplied by the number of years in the period for which the license is issued:
Class of Regular License Fee for Each Year
Class A $4.00$5.00
Class B $4.00$5.00
Class C $4.00$5.00
The fee for a motorcycle endorsement is one dollar and
seventy‑five cents ($1.75) two dollars ($2.00) for each year
of the period for which the endorsement is issued. The appropriate fee shall be
paid before a person receives a regular drivers license or an endorsement.
(i1) Restoration Fee. – Any person whose drivers
license has been revoked pursuant to the provisions of this Chapter, other than
G.S. 20‑17(a)(2) shall pay a restoration fee of fifty dollars
($50.00). sixty dollars ($60.00). A person whose drivers license has
been revoked under G.S. 20‑17(a)(2) shall pay a restoration fee of one
hundred dollars ($100.00). one hundred twenty dollars ($120.00). The
fee shall be paid to the Division prior to the issuance to such person of a new
drivers license or the restoration of the drivers license. The restoration fee
shall be paid to the Division in addition to any and all fees which may be
provided by law. This restoration fee shall not be required from any licensee
whose license was revoked or voluntarily surrendered for medical or health
reasons whether or not a medical evaluation was conducted pursuant to this
Chapter. The fifty‑dollar ($50.00) sixty‑dollar ($60.00) fee,
and the first seventy‑five dollars ($75.00) ninety‑five
dollars ($95.00) of the one‑hundred‑dollar ($100.00) one‑hundred‑twenty‑dollar
($120.00) fee, shall be deposited in the Highway Fund. Twenty‑five
dollars ($25.00) of the one‑hundred‑dollar ($100.00) one‑hundred‑twenty‑dollar
($120.00) fee shall be used to fund a statewide chemical alcohol testing
program administered by the Forensic Tests for Alcohol Branch of the Chronic
Disease and Injury Section of the Department of Health and Human Services. The
Office of State Budget and Management shall annually report to the General
Assembly the amount of fees transferred to the Forensic Tests for Alcohol
Branch of the Chronic Disease and Injury Section of the Department of Health
and Human Services under this subsection.
…
(l) Learner's Permit. – A person who is at least 18
years old may obtain a learner's permit. A learner's permit authorizes the
permit holder to drive a specified type or class of motor vehicle while in
possession of the permit. A learner's permit is valid for a period of 18 months
after it is issued. The fee for a learner's permit is fifteen dollars
($15.00). eighteen dollars ($18.00). A learner's permit may be
renewed, or a second learner's permit may be issued, for an additional period
of 18 months. The permit holder must, while operating a motor vehicle over the
highways, be accompanied by a person who is licensed to operate the motor
vehicle being driven and is seated beside the permit holder.
…."
SECTION 29.30.(b) G.S. 20‑11(j) reads as rewritten:
"(j) Duration and Fee. — A limited learner's
permit expires on the eighteenth birthday of the permit holder. A limited
provisional license expires on the eighteenth birthday of the license holder. A
limited learner's permit or limited provisional license issued under this
section that expires on a weekend or State holiday shall remain valid through
the fifth regular State business day following the date of expiration. A full
provisional license expires on the date set under G.S. 20‑7(f). The
fee for a limited learner's permit or a limited provisional license is fifteen
dollars ($15.00). eighteen dollars ($18.00). The fee for a full
provisional license is the amount set under G.S. 20‑7(i)."
SECTION 29.30.(c) G.S. 20‑14 reads as rewritten:
"§ 20‑14. Duplicate licenses.
A person may obtain a duplicate of a license issued by the
Division by paying a fee of ten dollars ($10.00) twelve dollars ($12.00)
and giving the Division satisfactory proof that any of the following has
occurred:
(1) The person's license has been lost or destroyed.
(2) It is necessary to change the name or address on the license.
(3) Because of age, the person is entitled to a license with a different color photographic background or a different color border.
(4) The Division revoked the person's license, the revocation period has expired, and the period for which the license was issued has not expired."
SECTION 29.30.(d) G.S. 20‑16(e) reads as rewritten:
"(e) The Division may conduct driver improvement
clinics for the benefit of those who have been convicted of one or more
violations of this Chapter. Each driver attending a driver improvement clinic
shall pay a fee of fifty dollars ($50.00).sixty dollars ($60.00)."
SECTION 29.30.(e) G.S. 20‑26(c) reads as rewritten:
"(c) The Division shall furnish copies of license records required to be kept by subsection (a) of this section in accordance with G.S. 20‑43.1 to other persons for uses other than official upon prepayment of the following fees:
(1) Limited extract copy of license record,
for period up to three years........................................... $8.00$10.00
(2) Complete
extract copy of license record....................................... 8.0010.00
(3) Certified
true copy of complete license record......................................... 11.00.13.00.
All fees received by the Division under this subsection shall be credited to the Highway Fund."
SECTION 29.30.(f) G.S. 20‑37.15(a1) reads as rewritten:
"(a1) The application must be accompanied by a
nonrefundable application fee of thirty dollars ($30.00).thirty‑six
dollars ($36.00). This fee does not apply in any of the following
circumstances:
(1) When an individual surrenders a commercial driver learner's permit issued by the Division when submitting the application.
(2) When the application is to renew a commercial drivers license issued by the Division.
This fee shall entitle the applicant to three attempts to pass the written knowledge test without payment of a new fee. No application fee shall be charged to an applicant eligible for a waiver under G.S. 20‑37.13(c)."
SECTION 29.30.(g) G.S. 20‑37.16(d) reads as rewritten:
"(d) The fee for a Class A, B, or C commercial
drivers license is fifteen dollars ($15.00)eighteen dollars ($18.00)
for each year of the period for which the license is issued. The fee for each
endorsement is three dollars ($3.00)four dollars ($4.00) for each
year of the period for which the endorsement is issued. The fees required under
this section do not apply to employees of the Driver License Section of the
Division who are designated by the Commissioner."
SECTION 29.30.(h) G.S. 20‑42(b) reads as rewritten:
"(b) The Commissioner and officers of the Division
designated by the Commissioner may prepare under the seal of the Division and
deliver upon request a certified copy of any document of the Division for a
fee. The fee for a document, other than an accident report under G.S. 20‑166.1,
is ten dollars ($10.00). twelve dollars ($12.00). The fee for an
accident report is five dollars ($5.00). six dollars ($6.00). A
certified copy shall be admissible in any proceeding in any court in like
manner as the original thereof, without further certification. The
certification fee does not apply to a document furnished for official use to a
judicial official or to an official of the federal government, a state
government, or a local government."
SECTION 29.30.(i) G.S. 20‑85(a) reads as rewritten:
"(a) The following fees are imposed concerning a certificate of title, a registration card, or a registration plate for a motor vehicle. These fees are payable to the Division and are in addition to the tax imposed by Article 5A of Chapter 105 of the General Statutes.
(1) Each application for certificate of
title............................................................................................. $40.00$48.00
(2) Each application for
duplicate or corrected certificate of title............. 15.0018.00
(3) Each application of
repossessor for certificate of title........................ 15.0018.00
(4) Each transfer of
registration............................................................. 15.0018.00
(5) Each set of replacement
registration plates....................................... 15.0018.00
(6) Each application for
duplicate registration card................................. 15.0018.00
(7) Each application for
recording supplementary lien............................. 15.0018.00
(8) Each application for removing a lien from a certificate of
title................................................................................................... 15.0018.00
(9) Each
application for certificate of title for a motor vehicle transferred to a
manufacturer, as defined in G.S. 20‑286, or a motor vehicle retailer
for the purpose of resale..... 15.0018.00
(10) Each application for a salvage certificate of title made by
an insurer or by a used motor vehicle dealer pursuant to subdivision (b)(2) or
subsection (e1) of G.S. 20‑109.1... 15.0018.00
(11) Each set of replacement Stock Car Racing Theme plates issued under G.S. 20‑79.4 25.00."
SECTION 29.30.(j) G.S. 20‑85.1(b) reads as rewritten:
"(b) The Commissioner and the employees of the
Division designated by the Commissioner may prepare and deliver upon request a
certificate of title, charging a fee of seventy‑five dollars ($75.00) ninety
dollars ($90.00) for one‑day title service, in lieu of the title fee
required by G.S. 20‑85(a). The fee for one‑day title service
must be paid by cash or by certified check. This fee shall be credited to the
Highway Trust Fund."
SECTION 29.30.(k) G.S. 20‑87 reads as rewritten:
"§ 20‑87. Passenger vehicle registration fees.
These fees shall be paid to the Division annually for the registration and licensing of passenger vehicles, according to the following classifications and schedules:
(1) For‑Hire Passenger Vehicles. – The fee for a
passenger vehicle that is operated for compensation and has a capacity of 15
passengers or less is seventy‑eight dollars ($78.00). ninety‑four
dollars ($94.00). The fee for a passenger vehicle that is operated for
compensation and has a capacity of more than 15 passengers is one dollar and
forty cents ($1.40) one dollar and seventy cents ($1.70) per hundred
pounds of empty weight of the vehicle.
(2) U‑Drive‑It Vehicles. – U‑drive‑it vehicles shall pay the following tax:
Motorcycles: 1‑passenger
capacity................................ $18.00$22.00
2‑passenger
capacity.................................... 22.0026.00
3‑passenger
capacity.................................... 26.0031.00
Automobiles: 15 or fewer
passengers............................. $51.00$61.00
Buses: 16 or
more passengers............................. $2.00$2.40 per
hundred
pounds of
empty weight
Trucks under
7,000 pounds
that do not
haul products
for hire: 4,000
pounds........................................... $41.50$50.00
5,000
pounds........................................... $51.00$61.00
6,000
pounds........................................... $61.00.$73.00.
…
(5) Private Passenger Vehicles. – There shall be paid to the Division annually, as of the first day of January, for the registration and licensing of private passenger vehicles, fees according to the following classifications and schedules:
Private passenger vehicles of not more than
fifteen passengers........................................................................ $28.00$34.00
Private passenger vehicles over
fifteen passengers.............................. 31.0037.00
Provided, that a fee of only one
dollar ($1.00) one dollar and twenty cents ($1.20) shall be charged
for any vehicle given by the federal government to any veteran on account of
any disability suffered during war so long as such vehicle is owned by the
original donee or other veteran entitled to receive such gift under Title 38,
section 252, United States Code Annotated.
(6) Private Motorcycles. – The base fee on private
passenger motorcycles shall be fifteen dollars ($15.00); eighteen
dollars ($18.00); except that when a motorcycle is equipped with an
additional form of device designed to transport persons or property, the base
fee shall be twenty‑two dollars ($22.00). twenty‑six
dollars ($26.00). An additional fee of three dollars ($3.00) is imposed on
each private motorcycle registered under this subdivision in addition to the
base fee. The revenue from the additional fee, in addition to any other funds
appropriated for this purpose, shall be used to fund the Motorcycle Safety
Instruction Program created in G.S. 115D‑72.
…
(9) House Trailers. – In lieu of other registration and
license fees levied on house trailers under this section or G.S. 20‑88,
the registration and license fee on house trailers shall be eleven dollars
($11.00) thirteen dollars ($13.00) for the license year or any
portion thereof.
…
(11) Any vehicle fee determined under this section
according to the weight of the vehicle shall be increased by the sum of three
dollars ($3.00) four dollars ($4.00) to arrive at the total fee.
…
(13) Additional fee for certain electric vehicles. – At
the time of an initial registration or registration renewal, the owner of a
plug‑in electric vehicle that is not a low‑speed vehicle and that
does not rely on a nonelectric source of power shall pay a fee in the amount of
one hundred dollars ($100.00) one hundred twenty dollars ($120.00) in
addition to any other required registration fees."
SECTION 29.30.(l) G.S. 20‑88 reads as rewritten:
"§ 20‑88. Property‑hauling vehicles.
…
(b) The following fees are imposed on the annual registration of self‑propelled property‑hauling vehicles; the fees are based on the type of vehicle and its weight:
SCHEDULE OF WEIGHTS AND RATES
Rates Per Hundred Pound Gross Weight
Farmer Rate
Not over 4,000 pounds $0.29$0.35
4,001 to 9,000 pounds inclusive .400.48
9,001 to 13,000 pounds inclusive .500.60
13,001 to 17,000 pounds inclusive .680.82
Over 17,000 pounds .770.92
Rates Per Hundred Pound Gross Weight
General Rate
Not over 4,000 pounds $0.59$0.71
4,001 to 9,000 pounds inclusive .810.97
9,001 to 13,000 pounds inclusive 1.001.20
13,001 to 17,000 pounds inclusive 1.361.63
Over 17,000 pounds 1.541.85
(1) The minimum fee for a vehicle licensed under this
subsection is twenty‑four dollars ($24.00) twenty‑nine dollars
($29.00) at the farmer rate and twenty‑eight dollars ($28.00) thirty‑four
dollars ($34.00) at the general rate.
…
(6) There shall be paid to the Division annually the
following fees for "wreckers" as defined under G.S. 20‑4.01(50):
a wrecker fully equipped weighing 7,000 pounds or less, seventy‑five
dollars ($75.00); ninety dollars ($90.00); wreckers weighing in
excess of 7,000 pounds shall pay one hundred forty‑eight dollars
($148.00). one hundred seventy‑eight dollars ($178.00). Fees
to be prorated monthly. Provided, further, that nothing herein shall prohibit a
licensed dealer from using a dealer's license plate to tow a vehicle for a
customer.
(c) The fee for a semitrailer or trailer is nineteen
dollars ($19.00) twenty‑three dollars ($23.00) for each year
or part of a year. The fee is payable each year. Upon the application of the
owner of a semitrailer or trailer, the Division may issue a multiyear plate and
registration card for the semitrailer or trailer for a fee of seventy‑five
dollars ($75.00). ninety dollars ($90.00). A multiyear plate and
registration card for a semitrailer or trailer are valid until the owner
transfers the semitrailer or trailer to another person or surrenders the plate
and registration card to the Division. A multiyear plate may not be transferred
to another vehicle.
The Division shall issue a multiyear semitrailer or trailer plate in a different color than an annual semitrailer or trailer plate and shall include the word "multiyear" on the plate. The Division may not issue a multiyear plate for a house trailer.
…
(i) Any vehicle fee determined under this section
according to the weight of the vehicle shall be increased by the sum of three
dollars ($3.00) four dollars ($4.00) to arrive at the total fee.
…."
SECTION 29.30.(m) G.S. 20‑289(a) reads as rewritten:
"(a) The license fee for each fiscal year, or part thereof, shall be as follows:
(1) For motor vehicle dealers, distributors,
distributor branches, and wholesalers, seventy dollars ($70.00) eighty‑four
dollars ($84.00) for each place of business.
(2) For manufacturers, one hundred fifty dollars
($150.00) one hundred eighty dollars ($180.00) and for each factory
branch in this State, one hundred dollars ($100.00).one hundred twenty
dollars ($120.00).
(3) For motor vehicle sales representatives, fifteen
dollars ($15.00).eighteen dollars ($18.00).
(4) For factory representatives, or distributor
representatives, fifteen dollars ($15.00).eighteen dollars ($18.00).
(5) Repealed by Session Laws 1991, c. 662, s. 4."
SECTION 29.30.(n) G.S. 20‑385(a) reads as rewritten:
"(a) The fees listed in this section apply to a motor carrier. These fees are in addition to any fees required under the Unified Carrier Registration Agreement.
(1) Repealed by Session Laws 2007‑492, s. 5, effective August 30, 2007.
(2) Application by an intrastate motor carrier for a
certificate of exemption 45.0054.00
(3) Certification by an interstate motor carrier that it is
not regulated by the United States Department
of Transportation 45.0054.00
(4) Application by an interstate motor carrier for an
emergency trip permit 18.00.22.00."
SECTION 29.30.(o) G.S. 44A‑4(b)(1) reads as rewritten:
"(b) Notice and Hearings. –
(1) If the property upon which the lien is claimed is a
motor vehicle that is required to be registered, the lienor following the
expiration of the relevant time period provided by subsection (a) shall give
notice to the Division of Motor Vehicles that a lien is asserted and sale is
proposed and shall remit to the Division a fee of ten dollars ($10.00). twelve
dollars ($12.00). The Division of Motor Vehicles shall issue notice by
certified mail, return receipt requested, to the person having legal title to
the property, if reasonably ascertainable, to the person with whom the lienor
dealt if different, and to each secured party and other person claiming an
interest in the property who is actually known to the Division or who can be
reasonably ascertained. The notice shall state that a lien has been asserted
against specific property and shall identify the lienor, the date that the lien
arose, the general nature of the services performed and materials used or sold
for which the lien is asserted, the amount of the lien, and that the lienor
intends to sell the property in satisfaction of the lien. The notice shall
inform the recipient that the recipient has the right to a judicial hearing at
which time a determination will be made as to the validity of the lien prior to
a sale taking place. The notice shall further state that the recipient has a
period of 10 days from the date of receipt in which to notify the Division by certified
mail, return receipt requested, that a hearing is desired and that if the
recipient wishes to contest the sale of his property pursuant to such lien, the
recipient should notify the Division that a hearing is desired. The notice
shall state the required information in simplified terms and shall contain a
form whereby the recipient may notify the Division that a hearing is desired by
the return of such form to the Division. The Division shall notify the lienor
whether such notice is timely received by the Division. In lieu of the notice
by the lienor to the Division and the notices issued by the Division described
above, the lienor may issue notice on a form approved by the Division pursuant
to the notice requirements above. If notice is issued by the lienor, the
recipient shall return the form requesting a hearing to the lienor, and not the
Division, within 10 days from the date the recipient receives the notice if a
judicial hearing is requested. If the certified mail notice has been returned
as undeliverable and the notice of a right to a judicial hearing has been given
to the owner of the motor vehicle in accordance with G.S. 20‑28.4,
no further notice is required. Failure of the recipient to notify the Division
or lienor, as specified in the notice, within 10 days of the receipt of such
notice that a hearing is desired shall be deemed a waiver of the right to a
hearing prior to the sale of the property against which the lien is asserted,
and the lienor may proceed to enforce the lien by public or private sale as
provided in this section and the Division shall transfer title to the property
pursuant to such sale. If the Division or lienor, as specified in the notice,
is notified within the 10‑day period provided above that a hearing is
desired prior to sale, the lien may be enforced by sale as provided in this
section and the Division will transfer title only pursuant to the order of a
court of competent jurisdiction.
If the certified mail notice has been returned as undeliverable, or if the name of the person having legal title to the vehicle cannot reasonably be ascertained and the fair market value of the vehicle is less than eight hundred dollars ($800.00), the lienor may institute a special proceeding in the county where the vehicle is being held, for authorization to sell that vehicle. Market value shall be determined by the schedule of values adopted by the Commissioner under G.S. 105‑187.3.
In such a proceeding a lienor may include more than one vehicle, but the proceeds of the sale of each shall be subject only to valid claims against that vehicle, and any excess proceeds of the sale shall be paid immediately to the Treasurer for disposition pursuant to Chapter 116B of the General Statutes.
The application to the clerk in such a special proceeding shall contain the notice of sale information set out in subsection (f) hereof. If the application is in proper form the clerk shall enter an order authorizing the sale on a date not less than 14 days therefrom, and the lienor shall cause the application and order to be sent immediately by first‑class mail pursuant to G.S. 1A‑1, Rule 5, to each person to whom notice was mailed pursuant to this subsection. Following the authorized sale the lienor shall file with the clerk a report in the form of an affidavit, stating that the lienor has complied with the public or private sale provisions of G.S. 44A‑4, the name, address, and bid of the high bidder or person buying at a private sale, and a statement of the disposition of the sale proceeds. The clerk then shall enter an order directing the Division to transfer title accordingly.
If prior to the sale the owner or legal possessor contests the sale or lien in a writing filed with the clerk, the proceeding shall be handled in accordance with G.S. 1‑301.2."
SECTION 29.30.(p) Article 1 of Chapter 20 of the General Statutes is amended by adding a new section to read:
"§ 20‑4.02. Quadrennial adjustment of certain fees.
(a) Adjustment for Inflation. – Beginning July 1, 2020, and every four years thereafter, the Division shall adjust the fees charged pursuant to the statutes listed in this subsection for inflation in accordance with the Consumer Price Index computed by the Bureau of Labor Statistics, rounded to the nearest twenty‑five cents (25¢):
(1) G.S. 20‑7.
(2) G.S. 20‑11.
(3) G.S. 20‑14.
(4) G.S. 20‑16.
(5) G.S. 20‑26.
(6) G.S. 20‑37.15.
(7) G.S. 20‑37.16.
(8) G.S. 20‑42(b).
(9) G.S. 20‑85(a)(1) through (10).
(10) G.S. 20‑85.1.
(11) G.S. 20‑87, except for the additional fee set forth in G.S. 20‑87(6) for private motorcycles.
(12) G.S. 20‑88.
(13) G.S. 20‑289.
(14) G.S. 20‑385.
(15) G.S. 44A‑4(b)(1).
(b) Computation. – In determining the rate of inflation to use when adjusting the fees pursuant to subsection (a) of this section, the Division shall base the rate on the percent change in the annual Consumer Price Index over the preceding four‑year period.
(c) Rules. – The provisions of Chapter 150B of the General Statutes shall not apply to the adjustment of fees required by this section.
(d) Consultation and Publication. – At least 90 days prior to adjusting the fees pursuant to subsection (a) of this section, the Division shall (i) consult with the Joint Legislative Commission on Governmental Operations, (ii) provide a report to the chairs of the Senate Appropriations Committee on the Department of Transportation and the House of Representatives Committee on Transportation Appropriations, and (iii) publish notice of the fees that will be in effect in the offices of the Division and on the Division's Web site."
SECTION 29.30.(q) G.S. 150B‑1(d) is amended by adding a new subdivision to read:
"(27) The Division of Motor Vehicles with respect to fee adjustments under G.S. 20‑4.02."
SECTION 29.30.(r) Subsections (a) and (r) of this section become effective July 1, 2015. Subsections (p) and (q) of this section become effective July 1, 2020. The remainder of this section becomes effective January 1, 2016, and applies to issuances, renewals, restorations, and requests on or after that date.
DMV Hearing Fee Schedule Implementation Date
SECTION 29.30A. Subsection (c) of Section 34.9 of S.L. 2014‑100 reads as rewritten:
"SECTION 34.9.(c) From funds appropriated to the
Department of Transportation, Information Technology Section for the 2014‑2015
fiscal year, the Department shall implement modifications to supporting
information technology systems necessary to timely implement the hearing fee
schedule required by subsection (a) of this section. The Department shall
implement the hearing fee schedule required by subsection (a) of this section
by no later than January 1, 2016.July 1, 2017."
Distribution of Funds in Special Registration Plate Account
SECTION 29.30B. G.S. 20‑79.7(c)(3) reads as rewritten:
"(3) The Division shall transfer fifty percent
(50%) of the remaining revenue in the Special Registration Plate Account
quarterly, and funds are hereby appropriated, as follows:to the
Department of Transportation to be used solely for the purpose of
beautification of highways. These funds shall be administered by the Department
of Transportation for beautification purposes not inconsistent with good
landscaping and engineering principles. The Division shall
transfer the remaining revenue in the Special Registration Plate Account
quarterly to the Highway Fund.
a. Thirty‑three percent (33%) to the
account of the Department of Commerce to aid in financing out‑of‑state
print and other media advertising under the program for the promotion of travel
and industrial development in this State.
b. Fifty percent (50%) to the Department of
Transportation to be used solely for the purpose of beautification of highways.
These funds shall be administered by the Department of Transportation for
beautification purposes not inconsistent with good landscaping and engineering
principles.
c. Seventeen percent (17%) to the account of
the Department of Health and Human Services to promote travel accessibility for
disabled persons in this State. These funds shall be used to collect and update
site information on travel attractions designated by the Department of Commerce
in its publications, to provide technical assistance to travel attractions
concerning accommodation of disabled tourists, and to develop, print, and
promote the publication ACCESS NORTH CAROLINA as provided in G.S. 168‑2.
Any funds allocated for these purposes that are neither spent nor obligated at
the end of the fiscal year shall be transferred to the Department of
Administration for removal of man‑made barriers to disabled travelers at
State‑funded travel attractions. Guidelines for the removal of man‑made
barriers shall be developed in consultation with the Department of Health and
Human Services."
ENFORCING PENALTIES FOR LAPSE IN FINANCIAL RESPONSIBILITY
SECTION 29.31.(a) G.S. 20‑311 reads as rewritten:
"§ 20‑311. Action by the Division when notified of a lapse in financial responsibility.
(a) Action. – When the Division receives evidence, by a notice of termination of a motor vehicle liability policy or otherwise, that the owner of a motor vehicle registered or required to be registered in this State does not have financial responsibility for the operation of the vehicle, the Division shall send the owner a letter. The letter shall notify the owner of the evidence and inform the owner that the owner shall respond to the letter within 10 days of the date on the letter and explain how the owner has met the duty to have continuous financial responsibility for the vehicle. Based on the owner's response, the Division shall take the appropriate action listed:
(1) Division correction. – If the owner responds within the required time and the response establishes that the owner has not had a lapse in financial responsibility, the Division shall correct its records.
(2) Penalty only. – If the owner responds within the required time and the response establishes all of the following, the Division shall assess the owner a penalty in the amount set in subsection (b) of this section:
a. The owner had a lapse in financial responsibility, but the owner now has financial responsibility.
b. The vehicle was not involved in an accident during the lapse in financial responsibility.
c. The owner did not operate the vehicle or allow the vehicle to be operated during the lapse with knowledge that the owner had no financial responsibility for the vehicle.
(3) Penalty and revocation. – If the owner responds
within the required time and the response establishes any either of
the following, the Division shall assess the owner a penalty in the amount set
in subsection (b) of this section and revoke the registration of the owner's
vehicle for the period set in subsection (c) of this section:
a. The owner had a lapse in financial responsibility and still does not have financial responsibility.
b. The owner now has financial responsibility even though the owner had a lapse, but the response also establishes any of the following:
1. The vehicle was involved in an
accident during the lapse, the lapse.
2. The owner operated the vehicle during
the lapse with knowledge that the owner had no financial responsibility for the
vehicle, or both.vehicle.
3. The owner allowed the vehicle to be operated during the lapse with knowledge that the owner had no financial responsibility for the vehicle.
(4) Revocation pending response.Penalty and
revocation for failure to respond. – If Except as otherwise
provided in this subdivision, if the owner does not respond within the
required time, the Division shall assess a penalty in the applicable amount
set forth in subsection (b) of this section and shall revoke the
registration of the owner's vehicle for the period set in subsection (c) of
this section. When the owner responds, the Division shall take the
appropriate action listed in subdivisions (1) through (3) of this subsection as
if the response had been timely.If the owner does not respond within the
required time, but later responds and establishes that the owner has not had a
lapse in financial responsibility, the Division shall correct its records,
rescind any revocation under this subdivision of the registration of the owner's
vehicle, and the owner shall not be responsible for any fee or penalty arising under
this section from the owner's failure to timely respond.
(b) Penalty Amount. – The following table determines the amount of a penalty payable under this section by an owner who has had a lapse in financial responsibility; the amount is based on the number of times the owner has been assessed a penalty under this section during the three‑year period before the date the owner's current lapse began:
Number of Lapses in Previous Three Years Penalty Amount
None $50.00
One $100.00
Two or More $150.00
(c) Revocation Period. – The revocation period for a
revocation based on a response that establishes that a vehicle owner does not
have financial responsibility is indefinite and ends when the owner obtains
financial responsibility or transfers the vehicle to an owner who has financial
responsibility. The revocation period for a revocation based on a response that
establishes the occurrence of an accident during a lapse in financial
responsibility or the knowing operation of a vehicle without financial
responsibility is 30 days. The revocation period for a revocation based on
failure of a vehicle owner to respond is indefinite and ends when the owner responds.(i)
establishes that the owner has not had a lapse in financial responsibility,
(ii) obtains financial responsibility, or (iii) transfers the vehicle to an
owner who has financial responsibility, whichever occurs first.
(d) Revocation Notice. – When the Division revokes the registration of an owner's vehicle, it shall notify the owner of the revocation. The notice shall inform the owner of the following:
(1) That the owner shall return the vehicle's registration plate and registration card to the Division, if the owner has not done so already, and that failure to do so is a Class 2 misdemeanor under G.S. 20‑45.
(2) That the vehicle's registration plate and registration card are subject to seizure by a law enforcement officer.
(3) That the registration of the vehicle cannot be renewed while the registration is revoked.
(4) That the owner shall pay any penalties assessed,
assessed within 30 days of the date of the notice, a restoration
fee, and the fee for a registration plate when the owner applies to the
Division to register a vehicle whose registration was revoked.
(5) That failure of an owner to pay any penalty or fee assessed pursuant to this section shall result in the Division withholding the registration renewal of any motor vehicle registered in that owner's name.
(e) Registration After Revocation. – A vehicle whose registration has been revoked may not be registered during the revocation period in the name of the owner, a child of the owner, the owner's spouse, or a child of the owner's spouse. This restriction does not apply to a spouse who is living separate and apart from the owner. At the end of a revocation period, a vehicle owner who has financial responsibility may apply to register a vehicle whose registration was revoked. The owner shall provide proof of current financial responsibility and pay any penalty assessed, a restoration fee of fifty dollars ($50.00), and the fee for a registration plate. Pursuant to G.S. 20‑54, failure of an owner to pay any penalty or fee assessed pursuant to this section shall result in the Division withholding the registration renewal of any motor vehicle registered in that owner's name.
…
(g) Military Waiver. – Notwithstanding the
penalty and restoration fee provisions of this section, any monetary penalty or
restoration fee shall be waived for any person who, at the time of notification
of a lapse in coverage, financial responsibility, was deployed as
a member of the Armed Forces of the United States outside of the continental
United States for a total of 45 or more days. In addition, no insurance points
under the Safe Driver Incentive Plan shall be assessed for any violation for
which a monetary penalty or restoration fee is waived pursuant to this
subsection. Any All of the following apply to a person qualifying
under this subsection shall:subsection:
(1) Have The person shall have an
affirmative defense to any criminal charge based upon the failure to return any
registration card or registration plate to the Division;Division.
(2) Upon reregistration, the person shall receive
without cost from the Division all necessary registration cards or plates;
andplates.
(3) Upon notice of revocation, the person shall be permitted to transfer the vehicle's registration immediately to his or her spouse, child, or spouse's child, notwithstanding the provisions of subsection (e) of this section.
(h) Applicability. – The penalty and revocation imposed under this section do not apply when the sole owner of a vehicle dies and that owner had financial responsibility for the vehicle as of the date of the owner's death."
SECTION 29.31.(b) G.S. 20‑54 is amended by adding a new subdivision to read:
"(12) The owner of the vehicle has failed to pay any penalty or fee imposed pursuant to G.S. 20‑311."
SECTION 29.31.(c) G.S. 20‑311(h), as enacted by subsection (a) of this section, is effective when this act becomes law. The remainder of this section becomes effective December 1, 2015, and applies to lapses in financial responsibility occurring on or after that date.
SECTION 29.32.(a) G.S. 20‑63(h) reads as rewritten:
"(h) Commission Contracts for Issuance of Plates and Certificates. – All registration plates, registration certificates, and certificates of title issued by the Division, outside of those issued from the office of the Division located in Wake, Cumberland, or Mecklenburg Counties and those issued and handled through the United States mail, shall be issued insofar as practicable and possible through commission contracts entered into by the Division for the issuance of the plates and certificates in localities throughout North Carolina, including military installations within this State, with persons, firms, corporations or governmental subdivisions of the State of North Carolina. The Division shall make a reasonable effort in every locality, except as noted above, to enter into a commission contract for the issuance of the plates and certificates and a record of these efforts shall be maintained in the Division. In the event the Division is unsuccessful in making commission contracts, it shall issue the plates and certificates through the regular employees of the Division. Whenever registration plates, registration certificates, and certificates of title are issued by the Division through commission contract arrangements, the Division shall provide proper supervision of the distribution. Nothing contained in this subsection allows or permits the operation of fewer outlets in any county in this State than are now being operated.
Commission contracts entered into by the Division under
this subsection shall provide for the payment of compensation The terms
of a commission contract entered under this subsection shall specify the
duration of the contract and either include or incorporate by reference
standards by which the Division may supervise and evaluate the performance of
the commission contractor. The duration of an initial commission contract may
not exceed eight years and the duration of a renewal commission contract may
not exceed two years. The Division may award monetary performance bonuses, not
to exceed an aggregate total of ninety thousand dollars ($90,000) annually, to
commission contractors based on their performance.
The amount of compensation payable to a commission
contractor is determined on a per transaction basis. The collection of the
highway use tax is considered a separate transaction for which one dollar and twenty‑seven
cents ($1.27) thirty cents ($1.30) compensation shall be paid. The
issuance of a limited registration "T" sticker and the collection of
property tax are each considered a separate transaction for which compensation
at the rate of one dollar and twenty‑seven cents ($1.27) thirty
cents ($1.30) and one dollar and six cents ($1.06) eight cents
($1.08) respectively, shall be paid by counties and municipalities as a
cost of the combined motor vehicle registration renewal and property tax
collection system. The performance at the same time of one or more of the
transactions below is considered a single transaction for which one dollar and forty‑three
cents ($1.43) forty‑six cents ($1.46) compensation shall be
paid:
(1) Issuance of a registration plate, a registration card, a registration sticker, or a certificate of title.
(2) Issuance of a handicapped placard or handicapped identification card.
(3) Acceptance of an application for a personalized registration plate.
(4) Acceptance of a surrendered registration plate, registration card, or registration renewal sticker, or acceptance of an affidavit stating why a person cannot surrender a registration plate, registration card, or registration renewal sticker.
(5) Cancellation of a title because the vehicle has been junked.
(6) Acceptance of an application for, or issuance of, a refund for a fee or a tax, other than the highway use tax.
(7) Receipt of the civil penalty imposed by G.S. 20‑311 for a lapse in financial responsibility or receipt of the restoration fee imposed by that statute.
(8) Acceptance of a notice of failure to maintain financial responsibility for a motor vehicle.
(8a) Collection of civil penalties imposed for violations of G.S. 20‑183.8A.
(8b), (9) Repealed by Session Laws 2013‑372, s. 2(a), effective July 1, 2013.
(10) Acceptance of a temporary lien filing.
(11) Conversion of an existing paper title to an electronic lien upon request of a primary lienholder."
SECTION 29.32.(b) All commission contracts entered into by the Division of Motor Vehicles under G.S. 20‑63(h) after the effective date of this subsection shall specify the duration of the contract and include or incorporate by reference the standards required under subsection (a) of this section. No later than July 1, 2018, all other commission contracts entered into by the Division of Motor Vehicles shall specify the duration of the contract and include or incorporate by reference the standards required under subsection (a) of this section.
SECTION 29.32.(c) This section becomes effective July 1, 2015, and applies to transactions on or after that date.
SECTION 29.33. G.S. 66‑58(c) is amended by adding a new subdivision to read:
"(c) The provisions of subsection (a) shall not prohibit:
…
(22) The operation by the Division of Motor Vehicles of digital advertising and automated teller machines in offices of the Division or contract license plate agencies."
SECTION 29.34.(a) G.S. 105‑187.6(c) reads as rewritten:
"(c) Out‑of‑state Vehicles. – A
maximum tax of one hundred fifty dollars ($150.00) applies when a certificate
of title is issued for a motor vehicle that, at the time of applying for a
certificate of title, is and has been titled in the name of the owner of the
motor vehicle in another state for at least 90 days.days prior to
the date of application for a certificate of title in this State."
SECTION 29.34.(b) This section is effective when this act becomes law.
Adjust Maximum Highway Use Tax Imposed for Certain Motor Vehicles
SECTION 29.34A.(a) G.S. 105‑187.3(a1) reads as rewritten:
"(a1) Tax Rate. – The tax rate is three percent
(3%). The maximum tax is one two thousand dollars ($1,000) ($2,000)
for each certificate of title issued for a Class A or Class B motor vehicle
that is a commercial motor vehicle, as defined in G.S. 20‑4.01.
The maximum tax is one thousand five hundred dollars ($1,500) G.S. 20‑4.01,
and for each certificate of title issued for a recreational vehicle that
is not subject to the one thousand dollar ($1,000) maximum tax. vehicle.
The tax is payable as provided in G.S. 105‑187.4."
SECTION 29.34A.(b) G.S. 105‑187.6(c), as amended by Section 29.34 of this act, reads as rewritten:
"(c) Out‑of‑state Vehicles. – A
maximum tax of one two hundred fifty dollars ($150.00) ($250.00)
applies when a certificate of title is issued for a motor vehicle that, at
the time of applying for a certificate of title, is and has been titled in the
name of the owner of the motor vehicle in another state for at least 90 days
prior to the date of application for a certificate of title in this State."
SECTION 29.34A.(c) This section becomes effective January 1, 2016, and applies to sales made on or after that date.
ELIMINATE 10‑DAY TRIP PERMIT AND INCREASE TEMPORARY TAG FEE
SECTION 29.35.(a) G.S. 20‑183.4C reads as rewritten:
"§ 20‑183.4C.
When a vehicle must be inspected; 10‑day trip permit.temporary
license plate.
…
(b) Permit.Temporary License Plate. – The
Division may issue a 10‑day trip permit temporary license plate
under and in accordance with G.S. 20‑50(b) that is valid for 10 days
to a person that authorizes the person to drive a vehicle whose inspection
authorization or registration has expired. The permit may only be issued
when the person has furnished proof of financial responsibility. The permit
must describe the vehicle whose inspection authorization or registration has
expired. The permit authorizes the person to drive the described vehicle for a
period not to exceed 10 days from the date of issuance.
…."
SECTION 29.35.(b) G.S. 20‑50(b) reads as rewritten:
"(b) The Division may issue a temporary license plate for a vehicle. A temporary license plate is valid for the period set by the Division. The period may not be less than 10 days nor more than 60 days.
A person may obtain a temporary license plate for a vehicle by filing an application with the Division and paying the required fee. An application must be filed on a form provided by the Division.
The fee for a temporary license plate that is valid for 10
days is five ten dollars ($5.00). ($10.00). The fee
for a temporary license plate that is valid for more than 10 days is the amount
that would be required with an application for a license plate for the vehicle.
If a person obtains for a vehicle a temporary license plate that is valid for
more than 10 days and files an application for a license plate for that vehicle
before the temporary license plate expires, the person is not required to pay
the fee that would otherwise be required for the license plate.
A temporary license plate is subject to the following limitations and conditions:
(1) It may be issued only upon proper proof that the applicant has met the applicable financial responsibility requirements.
(2) It expires on midnight of the day set for expiration.
(3) It may be used only on the vehicle for which issued and may not be transferred, loaned, or assigned to another.
(4) If it is lost or stolen, the person who applied for it must notify the Division.
(5) It may not be issued by a dealer.
(6) The provisions of G.S. 20‑63, 20‑71, 20‑110 and 20‑111 that apply to license plates apply to temporary license plates insofar as possible."
SECTION 29.35.(c) Ten‑day trip permits issued under G.S. 20‑183.4C(b) prior to the effective date of this section shall remain valid for the duration of the issuance.
SECTION 29.35.(d) This section becomes effective July 1, 2015, and applies to temporary license plates issued on or after that date.
TECHNICAL CORRECTION/REMOTE RENEWAL OF DRIVERS LICENSE
SECTION 29.36. G.S. 20‑7(f)(6) reads as rewritten:
"(6) Remote renewal. – The Subject to the
following requirements and limitations, the Division may offer remote
renewal of a drivers license issued by the Division. For purposes of this
subdivision, "remote renewal" means renewal of a drivers license by
mail, telephone, electronic device, or other secure means approved by the
Commissioner:Division:
a. Requirements. – To be eligible for remote renewal under this subdivision, a person must meet all of the following requirements:
1. The license holder possesses a valid, unexpired Class C drivers license that was issued when the person was at least 18 years old.
2. The license holder's current license includes no restrictions other than a restriction for corrective lenses.
3. The license holder attests, in a manner designated by the Division, that (i) the license holder is a resident of the State and currently resides at the address on the license to be renewed, (ii) the license holder's name as it appears on the license to be renewed has not changed, and (iii) all other information required by the Division for an in‑person renewal under this Article has been provided completely and truthfully.
4. The most recent renewal was an in‑person renewal and not a remote renewal under this subdivision.
5. The license holder is otherwise eligible for renewal under this subsection.
b. Waiver of requirements. – When renewing a drivers license pursuant to this subdivision, the Division may waive the examination and photograph that would otherwise be required for the renewal.
c. Duration of remote renewal. – A renewed drivers license issued to a person by remote renewal under this subdivision expires according to the following schedule:
1. For a person at least 18 years old but less than 66 years old, on the birthday of the licensee in the eighth year after issuance.
2. For a person at least 66 years old, on the birthday of the licensee in the fifth year after issuance.
d. Rules. – The Division shall adopt rules to implement this subdivision.
e. Federal law. – Nothing in this subdivision shall be construed to supersede any more restrictive provisions for renewal of drivers licenses prescribed by federal law or regulation.
f. Definition. – For purposes of this subdivision, "remote renewal" means renewal of a drivers license by mail, telephone, electronic device, or other secure means approved by the Commissioner."
Visitor Centers Funding Technical Correction
SECTION 29.36A. G.S. 20‑79.7(c)(2)d. reads as rewritten:
"(c) Use of Funds in Special Registration Plate Account. –
…
(2) From the funds remaining in the Special Registration Plate Account after the deductions in accordance with subdivision (1) of this subsection, there is annually appropriated from the Special Registration Plate Account the sum of one million three hundred thousand dollars ($1,300,000) to provide operating assistance for the Visitor Centers:
…
d. in the Town of Boone, Watauga County, ninety‑two
thousand eight hundred fifty‑seven dollars ($92,857);
…."
Stop Lamps on Motor Vehicle/Clarification
SECTION 29.36B.(a) G.S. 20‑129(g), as amended by Section 1 of S.L. 2015‑31, reads as rewritten:
"(g) No person shall sell or operate on the
highways of the State any motor vehicle manufactured after December 31, 1955,
and on or before December 31, 1970, unless it shall be equipped with a stop
lamp on the rear of the vehicle. No person shall sell or operate on the
highways of the State any motor vehicle, manufactured after December 31, 1970,
unless it shall be equipped with stop lamps, one on each side of the rear of
the vehicle. No person shall sell or operate on the highways of the State any
motorcycle or motor‑driven cycle, manufactured after December 31, 1970,
1955, unless it shall be equipped with a stop lamp on the rear of
the motorcycle or motor‑driven cycle. The stop lamps shall emit, reflect,
or display a red or amber light visible from a distance of not less than 100
feet to the rear in normal sunlight, and shall be actuated upon application of
the service (foot) brake. The stop lamps may be incorporated into a unit with
one or more other rear lamps."
SECTION 29.36B.(b) This section becomes effective October 1, 2015, and applies to offenses committed on or after that date.
POSITIONS IN SUPPORT OF THE COMBINED MOTOR VEHICLE REGISTRATION AND PROPERTY TAX COLLECTION SYSTEM
SECTION 29.37. Section 24.10(a) of S.L. 2012‑142 reads as rewritten:
"SECTION
24.10.(a) Upon request from the Department of Transportation and notwithstanding
any other provision of law to the contrary, the Office of State Budget and
Management may authorize the creation of time‑limited, full‑time
equivalent positions within the Department of Transportation and its Division
of Motor Vehicles in excess of the positions authorized by this act for the
sole purposes of implementing and administering the combined motor vehicle
registration and property tax collection system, in accordance with the funding
authorizations in G.S. 105‑330.5 and G.S. 105‑330.10. Positions
created under this authorization shall terminate no later than June 30,
2014. June 30, 2017. Following the approval of a request, the Office
of State Budget and Management shall direct the transfer of funds from the
Combined Motor Vehicle and Registration Account, also known as the Division of
Motor Vehicles Taxation Interest Fund for Integrated Computer System, to
support personnel and related operating costs for the positions approved under
this section."
DMV/TITLE AND LICENSE PERSONAL WATERCRAFT
SECTION 29.38. G.S. 20‑39(e) reads as rewritten:
"(e) The Commissioner is authorized to cooperate with and provide assistance to the Environmental Management Commission, or appropriate local government officials, and to develop, adopt, and ensure enforcement of necessary rules and regulations, regarding programs of motor vehicle emissions inspection/maintenance required for areas in which ambient air pollutant concentrations exceed National Ambient Air Quality Standards. The Commissioner is further authorized to allow offices of the Division that provide vehicle titling and registration services and commission contractors of the Division under G.S. 20‑63 to serve, upon agreement with the Wildlife Resources Commission, as vessel agents under G.S. 75A‑5.2."
graduated driver licensing system/repeal requirement of driver education and adjust passing score for written test
SECTION 29.39.(a) G.S. 20‑11(b)(1) is repealed.
SECTION 29.39.(b) G.S. 20‑11(h) reads as rewritten:
"(h) Exception for Persons 16 to 18 Who Have an Unrestricted Out‑of‑State License. — A person who is at least 16 years old but less than 18 years old, who was a resident of another state and has an unrestricted drivers license issued by that state, and who becomes a resident of this State may obtain one of the following upon the submission of a driving eligibility certificate or a high school diploma or its equivalent:
(1) A temporary permit, if the person has not
completed a drivers education program that meets the requirements of the Superintendent
of Public Instruction but is currently enrolled in a drivers education program
that meets these requirements. A temporary permit is valid for the period
specified in the permit and authorizes the holder of the permit to drive a
specified type or class of motor vehicle when in possession of the permit,
subject to any restrictions imposed by the Division concerning time of driving,
supervision, and passenger limitations. The period must end within 10 days
after the expected completion date of the drivers education program in which
the applicant is enrolled.
(2) A full provisional license, if the person has
completed a drivers education program that meets the requirements of the
Superintendent of Public Instruction, has held the license issued by the other
state for at least 12 months, months and has not been convicted
during the preceding six months of a motor vehicle moving violation, a seat
belt infraction, or an offense committed in another jurisdiction that would be
a motor vehicle moving violation or seat belt infraction if committed in this
State.
(2a) A full provisional license, if the person has
completed a drivers education program that meets the requirements of the
Superintendent of Public Instruction, has held both a learner's permit and
a restricted license from another state for at least six months each, the
Commissioner finds that the requirements for the learner's permit and
restricted license are comparable to the requirements for a learner's permit
and restricted license in this State, and the person has not been convicted
during the preceding six months of a motor vehicle moving violation, a seat
belt infraction, or an offense committed in another jurisdiction that would be
a moving violation or a seat belt infraction if committed in this State.
(3) A limited provisional license, if the person has
completed a drivers education program that meets the requirements of the Superintendent
of Public Instruction but either did not hold the license issued by the
other state for at least 12 months or was convicted during the preceding six
months of a motor vehicle moving violation, a seat belt infraction, or an
offense committed in another jurisdiction that would be a motor vehicle moving
violation or seat belt infraction if committed in this State."
SECTION 29.39.(c) G.S. 20‑11(h1) reads as rewritten:
"(h1) Exception for Persons 16 to 18 Who Have an Out‑of‑State Restricted License. — A person who is at least 16 years old but less than 18 years old, who was a resident of another state and has a restricted drivers license issued by that state, and who becomes a resident of this State may obtain one of the following:
(1) A limited provisional license, if the person has
completed a drivers education program that meets the requirements of the
Superintendent of Public Instruction, held the restricted license issued by
the other state for at least 12 months, months and whose the
person's parent or guardian certifies that the person has not been
convicted during the preceding six months of a motor vehicle moving violation,
a seat belt infraction, or an offense committed in another jurisdiction that
would be a motor vehicle moving violation or seat belt infraction if committed
in this State.
(2) A limited learners permit, if the person has
completed a drivers education program that meets the requirements of the
Superintendent of Public Instruction but either did not hold the restricted
license issued by the other state for at least 12 months or was convicted
during the preceding six months of a motor vehicle moving violation, a seat
belt infraction, or an offense committed in another jurisdiction that would be
a motor vehicle moving violation or seat belt infraction if committed in this
State. A person who qualifies for a limited learners permit under this subdivision
and whose parent or guardian certifies that the person has not been convicted
of a moving violation in the preceding six months shall be deemed to have held
a limited learners permit in this State for each month the person held a
restricted license in another state."
SECTION 29.39.(d) G.S. 20‑11(h2) reads as rewritten:
"(h2) Exception for Persons Age 15 Who Have an Out‑of‑State
Unrestricted or Restricted License. — A person who is age 15, who was a
resident of another state, has an unrestricted or restricted drivers license
issued by that state, and who becomes a resident of this State may obtain a
limited learners permit if the person has completed a drivers education
program that meets the requirements of the Superintendent of Public
Instruction. A person who qualifies for a limited learners permit under this
subsection and whose person's parent or guardian certifies that the
person has not been convicted of a moving violation in the preceding six months
months. A person who qualifies for a limited learners permit under this
subsection shall be deemed to have held a limited learners permit in this
State for each month the person held an unrestricted or restricted license in
another state."
SECTION 29.39.(e) G.S. 20‑11(h3) reads as rewritten:
"(h3) Exception for Persons Less Than Age 18 Who
Have a Federally Issued Unrestricted or Restricted License. — A person who is
less than age 18, who has an unrestricted or restricted drivers license issued
by the federal government, and who becomes a resident of this State may obtain
a limited provisional license or a provisional license if the person has
completed a drivers education program substantially equivalent to the drivers
education program that meets the requirements of the Superintendent of Public
Instruction. A person who qualifies for a limited provisional license or a
provisional license under this subsection and whose person's parent
or guardian certifies that the person has not been convicted of a moving
violation in the preceding six months months. A person who qualifies
for a limited provisional license or a provisional license under this
subsection shall be deemed to have held a limited provisional license or a
provisional license in this State for each month the person held an
unrestricted or restricted license issued by the federal government."
SECTION 29.39.(f) G.S. 20‑11(d)(5) reads as rewritten:
"(5) Has completed a driving log, on a form approved
by the Division, detailing a minimum of 60 85 hours as the
operator of a motor vehicle of a class for which the driver has been issued a
limited learner's permit. The log must show at least 10 hours of the required
driving occurred during nighttime hours. Driving completed by the driver as
part of a course of driver instruction offered in accordance with G.S. 115D‑76.5
or at a licensed commercial driver training school may be counted toward the 85‑hour
requirement upon the driver providing proof acceptable to the Division of the
number of hours he or she drove as part of the course. No more than 10 hours
of driving per week may be counted toward the 60‑hour 85‑hour
requirement. The driving log must be signed by the supervising driver and
submitted to the Division at the time the applicant seeks to obtain a limited
provisional license. If the Division has cause to believe that a driving log
has been falsified, the limited learner's permit holder shall be required to
complete a new driving log with the same requirements and shall not be eligible
to obtain a limited provisional license for six months."
SECTION 29.39.(g) G.S. 20‑7(c) reads as rewritten:
"(c) Tests. – To demonstrate physical and mental ability, a person must pass an examination. The examination may include road tests, vision tests, oral tests, and, in the case of literate applicants, written tests, as the Division may require. The tests must ensure that an applicant recognizes the handicapped international symbol of access, as defined in G.S. 20‑37.5. If the Division requires a written test on the person's knowledge of the rules of the road, the person must answer at least eighty‑five percent (85%) of the questions correctly in order to pass the test. The Division may not require a person who applies to renew a license that has not expired to take a written test or a road test unless one or more of the following applies:
(1) The person has been convicted of a traffic violation since the person's license was last issued.
(2) The applicant suffers from a mental or physical condition that impairs the person's ability to drive a motor vehicle.
The Division may not require a person who is at least 60 years old to parallel park a motor vehicle as part of a road test."
SECTION 29.39.(h) G.S. 20‑11(b)(2) reads as rewritten:
"(2) Passes a written test administered by the Division. The person must answer at least eighty‑five percent (85%) of the questions correctly in order to pass the test."
SECTION 29.39.(i) Subsections (a) through (e) and (i) of this section are effective when this act becomes law. The remainder of this section becomes effective July 1, 2016, and applies to applications for permits and licenses received by the Division on or after that date.
PART XXX. SALARIES AND BENEFITS
SECTION 30.1.(a) The salary of the Governor as provided by G.S. 147‑11(a) shall remain unchanged for the 2015‑2017 fiscal biennium.
SECTION 30.1.(b) The annual salaries for members of the Council of State, payable monthly, shall remain unchanged for the 2015‑2017 fiscal biennium, as follows:
Council of State Annual Salary
Lieutenant Governor $125,676
Attorney General 125,676
Secretary of State 125,676
State Treasurer 125,676
State Auditor 125,676
Superintendent of Public Instruction 125,676
Agriculture Commissioner 125,676
Insurance Commissioner 125,676
Labor Commissioner 125,676
SECTION 30.1.(c) The Office of State Human Resources shall study the compensation of the Council of State, as follows:
(1) Examine the salary, retirement and deferred compensation plans, health and other insurance coverages, per diem rates, travel reimbursement rates, use of State vehicles, and any other expense reimbursements or benefits other than salary.
(2) Review any comparative information from other states and current salary levels for similar statewide elected constitutional officers.
(3) Review market data for any comparable private sector executive positions.
(4) Consider whether Council of State salaries should be restructured and set in a different manner.
(5) Consider any other matters pertaining to the compensation of the Council of State.
SECTION 30.1.(d) By May 1, 2016, the Office of State Human Resources shall report to the chairs of the Senate Appropriations/Base Budget Committee and the House of Representatives Appropriations Committee on the review of Council of State compensation required by subsection (c) of this section.
CERTAIN EXECUTIVE BRANCH OFFICIALS
SECTION 30.2. The annual salaries, payable monthly, for the following executive branch officials shall remain unchanged for the 2015‑2017 fiscal biennium, as follows:
Executive Branch Officials Annual Salary
Chairman, Alcoholic Beverage Control Commission $111,868
State Controller 156,159
Commissioner of Banks 125,676
Chair, Board of Review, Division of Employment Security 123,255
Members, Board of Review, Division of Employment Security 121,737
Chairman, Parole Commission 102,235
Members of the Parole Commission 94,464
Chairman, Utilities Commission 139,849
Members of the Utilities Commission 125,676
Executive Director, North Carolina
Agricultural Finance Authority 108,915
SECTION 30.3.(a) The annual salaries, payable monthly, for specified judicial branch officials shall remain unchanged for the 2015‑2017 fiscal biennium, as follows:
Judicial Branch Officials Annual Salary
Chief Justice, Supreme Court $143,623
Associate Justice, Supreme Court 139,896
Chief Judge, Court of Appeals 137,682
Judge, Court of Appeals 134,109
Judge, Senior Regular Resident Superior Court 130,492
Judge, Superior Court 126,875
Chief Judge, District Court 115,301
Judge, District Court 111,684
District Attorney 121,737
Administrative Officer of the Courts 129,259
Assistant Administrative Officer of the Courts 118,152
Public Defender 121,737
Director of Indigent Defense Services 125,498
SECTION 30.3.(b) The annual salaries of permanent full‑time employees of the Judicial Department whose salaries are not itemized in this act shall not be legislatively increased for the 2015‑2017 fiscal biennium, but may be increased as otherwise allowed by law.
SECTION 30.3.(c) Salary reserves generated by the clerk of superior court offices during the 2015‑2016 fiscal year shall be used exclusively by the clerks of superior court. The clerks of superior court may use these funds to award salary increases in addition to those specifically provided for deputy and assistant clerks under the respective salary plans. Any additional increases may be awarded at the discretion of each elected clerk of superior court. The Administrative Office of the Courts shall (i) allocate funds for additional discretionary salary adjustments on a per capita basis and (ii) adopt a plan for distribution of the funds in consultation with the Conference of Clerks of Superior Court.
SECTION 30.4.(a) For the 2015‑2017 fiscal biennium, the salaries of members and officers of the General Assembly shall remain unchanged at the amounts set under G.S. 120‑3, as provided in 1994 by the 1993 General Assembly.
SECTION 30.4.(b) The annual salaries of the Legislative Services Officer and of nonelected employees of the General Assembly in effect on June 30, 2015, shall not be legislatively increased for the 2015‑2017 fiscal biennium, but may be increased as otherwise allowed by law.
SECTION 30.5.(a) The minimum salaries for nine‑month, full‑time curriculum community college faculty for the 2015‑2017 fiscal biennium shall remain unchanged as follows:
Education Level Minimum Salary
Vocational Diploma/Certificate or Less $35,314
Associate Degree or Equivalent 35,819
Bachelor's Degree 38,009
Master's Degree or Education Specialist 39,952
Doctoral Degree 42,753
No full‑time faculty member shall earn less than the minimum salary for his or her education level.
The pro rata hourly rate of the minimum salary for each education level shall be used to determine the minimum salary for part‑time faculty members.
SECTION 30.5.(b) For the 2015‑2017 fiscal biennium, the community college boards of trustees may provide instructional personnel a salary increase pursuant to the policies adopted by the State Board of Community Colleges. Funds for compensation increases may be used for any one or more of the following purposes: (i) merit pay, (ii) across‑the‑board increases, (iii) recruitment bonuses, (iv) retention increases, and (v) any other compensation increase pursuant to policies adopted by the State Board of Community Colleges. The State Board of Community Colleges shall make a report on the use of these funds to the 2016 Regular Session of the 2015 General Assembly no later than March 1, 2016.
UNIVERSITY OF NORTH CAROLINA SYSTEM
SECTION 30.6. Effective for the 2015‑2017 fiscal biennium, the annual compensation of all full‑time University of North Carolina SHRA and EHRA employees shall not be legislatively increased for the 2015‑2017 fiscal biennium, but may be increased as otherwise allowed by law.
SECTION 30.7. Employees of schools operated by the Department of Health and Human Services, the Department of Public Safety, and the State Board of Education who are paid on the Teacher Salary Schedule shall receive any experience step increases authorized in Section 9.1 of this act.
SECTION 30.8.(a) For the 2015‑2017 fiscal biennium, except as provided by Part 9 and Section 30.5 of this act, the annual compensation of all employees subject to or exempt from the North Carolina Human Resources Act shall not be legislatively increased, but may be increased as otherwise provided by law.
SECTION 30.8.(b) Salaries and Related Benefits for Positions That Are Funded. –
(1) Partially from the General Fund or Highway Fund and partially from sources other than the General Fund or Highway Fund shall be increased from the General Fund or Highway Fund appropriation only to the extent of the proportionate part of the salaries paid from the General Fund or Highway Fund.
(2) Fully from sources other than the General Fund or Highway Fund shall be increased as provided by this act. The Director of the Budget may increase expenditures of receipts from these sources by the amount necessary to provide the legislative increase to receipt‑supported personnel in the certified budget.
SECTION 30.8.(c) The salary increases provided in this act become effective July 1, 2015, and do not apply to persons separated from State service due to resignation, dismissal, reduction in force, death, or retirement, or whose last workday is prior to July 1, 2015.
SECTION 30.8.(d) Payroll checks issued to employees after July 1, 2015, that represent payment of services provided prior to July 1, 2015, shall not be eligible for salary increases provided for in this act. This subsection applies to all employees paid from State funds, whether or not subject to or exempt from the North Carolina Human Resources Act, including employees of public schools, community colleges, and The University of North Carolina.
SECTION 30.8.(e) Nothing in this act authorizes the transfer of funds between the General Fund and the Highway Fund for salary increases.
SECTION 30.9. For the 2015‑2017 fiscal biennium, the salaries in effect June 30, 2015, for the following employees shall not be legislatively increased, but may be increased as otherwise allowed by law:
(1) Permanent full‑time State officials and persons whose salaries are set in accordance with the State Human Resources Act.
(2) Permanent full‑time State officials and persons in positions exempt from the State Human Resources Act.
(3) Permanent part‑time State employees.
(4) Temporary and permanent hourly State employees.
USE OF FUNDS APPROPRIATED for compensation increases
SECTION 30.10.(a) The appropriations set forth in Section 2.1 of this act include appropriations for compensation increases in amounts set forth in the committee report described in Section 33.2 of this act. The Office of State Budget and Management shall ensure that those funds are used only for salary increases as provided by this act or otherwise allowed by law.
SECTION 30.10.(b) If the Director of the Budget determines that funds appropriated to a State agency for salary increases exceed the amount required by that agency for that purpose, the Director may reallocate those funds to other State agencies that received insufficient funds for salary increases.
SECTION 30.10.(c) No later than January 1, 2016, the Office of State Budget and Management shall report to the Joint Legislative Commission on Governmental Operations on the expenditure of funds for salary increases. This report shall include at least the following information for each State agency for the 2015‑2016 fiscal year:
(1) The total amount of funds that the agency received for salary increases.
(2) The total amount of funds transferred from the agency to other State agencies pursuant to subsection (b) of this section. This section of the report shall identify the amounts transferred to each recipient State agency.
(3) The total amount of funds used by the agency for salary increases.
(4) The total amount of funds received by the agency for salary increases that are anticipated to revert at the end of the fiscal year.
SECTION 30.11.(a) The Office of State Budget and Management and the Office of State Human Resources shall submit a semiannual report to the Joint Legislative Commission on Governmental Operations on nonlegislative salary increases in (i) State agencies, departments, and institutions, including authorities, boards, and commissions; (ii) the judicial branch; and (iii) The University of North Carolina and its constituent institutions. The reports required by this section shall include the following information:
(1) For agencies reporting through the BEACON HR/Payroll system, (i) a breakdown by action type (including, but not limited to, promotion, reallocation, career progression, salary adjustment, and any similar actions increasing employee pay) of the number and annual amount of those increases and (ii) a breakdown by action reason (including in‑range higher level, acting pay, trainee adjustment, and other similar action reasons) of the number and annual amount of those action types coded as salary adjustment.
(2) For The University of North Carolina and its constituent institutions, a breakdown of the number and annual amount of those increases categorized by the University as promotions, changes in job duties or responsibilities, Distinguished Professorships, retention pay, career progression, and any other similar actions increasing employee pay.
(3) A summary of actions taken by the Office of State Budget and Management and the Office of State Personnel with respect to unauthorized salary increases.
SECTION 30.11.(b) The Legislative Services Officer shall report semiannually to the President Pro Tempore of the Senate and the Speaker of the House of Representatives on nonlegislative salary increases.
COMPENSATION LIMITATIONS/LOTTERY COMMISSION
SECTION 30.12. For the 2015‑2017 fiscal biennium, notwithstanding the provisions of G.S. 18C‑114(a)(11) and G.S. 18C‑120(b)(3), the Lottery Commission shall not expend funds for compensation bonuses or for merit‑based or performance‑based increases.
SECTION 30.12A.(a) Funds appropriated or otherwise transferred to the General Fund Salary Adjustment by this act or any other provision of law shall be used to fund agency requests for salary range revisions, special minimum rates, grade to band transfers, and geographic site differential adjustments to provide competitive salary rates for affected job classifications or groups in response to changes in labor market rates as documented through data collection and analysis according to accepted human resource professional practices and standards. Funds shall only be used for salary adjustments that are in compliance with State Human Resources Commission policies. Funding shall not be used for other purposes, including in‑range adjustments, career progression adjustments, or other adjustments as these terms may be defined by State human resources policy.
SECTION 30.12A.(b) The Director of the Budget shall consult with the Joint Legislative Commission on Governmental Operations prior to transferring any salary adjustment funds for any State agency.
SECTION 30.12A.(c) The Director of the Budget may transfer to General Fund budget codes from the General Fund Salary Adjustment Fund amounts required to support salary adjustments authorized by this section.
SECTION 30.12A.(d) The Judicial Department is eligible for the funding authorized in subsection (a) of this section.
SECTION 30.12A.(e) Employees of The University of North Carolina system, the community colleges, and local school boards are ineligible for the funding authorized in this section.
SECTION 30.12A.(f) Funds may not be used to increase the compensation of job classes that receive other compensation increases provided by law.
SALARY DETERMINATIONS FOR CERTAIN LICENSED HEALTH PROFESSIONALS
SECTION 30.14. State agencies, departments, and institutions shall have salary administration flexibility for licensed physicians, dentists, nurses, physicians assistants, pharmacists, and other allied health professionals and may exercise the flexibility within existing resources. No salary determination made under this section may exceed the maximum of the applicable salary range established by the Office of State Human Resources under Chapter 126 of the General Statutes. Beginning September 1, 2015, and then annually thereafter, the Office of State Human Resources shall report to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division on the salary actions taken under this section.
state WORKERS' COMPENSATION reform
SECTION 30.18.(a) The Director of the Budget shall establish a statewide reserve in the amount of five million dollars ($5,000,000) for closure of workers' compensation claims. The Office of State Budget and Management shall distribute funds from the reserve to the Office of State Human Resources to pay the settlement cost of workers' compensation claims in agencies.
SECTION 30.18.(b) Article 63 of Chapter 143 of the General Statutes reads as rewritten:
"Article 63.
"State Employees Workplace Requirements Program for
Safety and Health.Safety, Health, and
Workers' Compensation.
"Part 1. Executive Branch Programs.
"§ 143‑580. Definition.
As used in this Article, "State agency" means any
department, commission, division, board, or institution of the State within the
executive branch of government government, including The University
of North Carolina system, and the Office of Administrative Hearings.
"§ 143‑581. Program goals.
Each State agency The Office of State Human Resources
shall establish a written program for State employee workplace safety
and health. safety, health, and workers' compensation. The program
shall promote safe and healthful working conditions and shall be based on
clearly stated goals and objectives for meeting the goals. The program shall
provide managers, supervisors, and employees with a clear and firm
understanding of the State's concern for protecting employees from job‑related
injuries and health impairment; preventing accidents and fires; planning for
emergencies and emergency medical procedures; identifying and controlling
physical, chemical, and biological hazards in the workplace; communicating
potential hazards to employees; and assuring adequate housekeeping and
sanitation.
"§ 143‑582. Program requirements.
The written program required under this Article shall describe at a minimum:
(1) The methods to be used to identify, analyze, and control new or existing hazards, conditions, and operations.
(2) How managers, supervisors, and employees are responsible for implementing the program, controlling accident‑related expenditures, and how continued participation of management and employees will be established, measured, and maintained.
(3) How the plan will be communicated to all affected employees so that they are informed of work‑related physical, chemical, or biological hazards, and controls necessary to prevent injury or illness.
(4) How managers, supervisors, and employees will receive training in avoidance of job‑related injuries and health impairment.
(5) How workplace accidents will be reported and investigated and how corrective actions will be implemented.
(6) How safe work practices and rules will be communicated and enforced.
(7) The safety and health training program that will be made available to employees.
(8) How employees can make complaints concerning safety and health problems without fear of retaliation.
(9) How employees will receive medical attention following a work‑related injury or illness.
"§ 143‑583. Model program; technical assistance; reports.
(a) The State Human Resources Commission, through
the Office of State Human Resources, shall:Resources shall:
(1) Maintain a model program of safety and health requirements to guide State agencies in the development of their individual programs and in complying with the provisions of G.S. 95‑148 and this Article.
(2) Establish guidelines for the creation and operation of State agency safety and health committees.
(3) Adopt policies that shall govern the administration of the workers' compensation program and monitor compliance with Chapter 97 of the General Statutes.
(4) Establish guidelines for the delegation of certain administrative functions as necessary for the administration of the workers' compensation program to State agencies, as defined in this section.
(b) The Office of State Human Resources
shall:
(1) Provide consultative and technical
services to assist State agencies in establishing and administering their
workplace safety and health programs and to address specific technical
problems.
(2) Monitor compliance with this Article.
(c) The Office of State Human Resources Commission
shall report by September 1, and annually thereafter, to the Joint
Legislative Commission on Governmental Operations on the safety and health
safety, health, and workers' compensation activities of State
agencies, compliance with this Article, and the fines levied against State
agencies pursuant to Article 16 of Chapter 95 of the General Statutes.
"§ 143‑584. State agency safety and health committees.
Each State agency The Office of State Human
Resources shall create, pursuant to guidelines adopted under subsection (a)
of G.S. 143‑583, safety and health committees to
perform workplace inspections, review injury and illness records, make advisory
recommendations to the agency's managers, and perform other functions
determined by the Office of State Human Resources Commission to
be necessary for the effective implementation of the State Employees Workplace
Requirements Program for Safety and Health.the workers' compensation
program.
"§§ 143‑585 through 143‑588. Reserved for future codification purposes.
"Part 2. Legislative and Judicial Branch Programs.
"§ 143‑589. Legislative and judicial branch safety and health programs.
The Legislative Services Commission and the Administrative Office of the Courts are authorized to separately establish safety and health programs for their employees."
SECTION 30.18.(c) G.S. 143‑166.14 reads as rewritten:
"§ 143‑166.14. Payment of salary notwithstanding incapacity; Workers' Compensation Act applicable after two years; duration of payment.
The salary of any eligible person shall be paid as long as
the person's employment in that position continues, notwithstanding the person's
total or partial incapacity to perform any duties to which the person may be
lawfully assigned, if that incapacity is the result of an injury or injuries proximately
caused by the heightened risk and special hazards directly related to the violent
nature of resulting from or arising out of an episode of violence,
resistance, or due to other special hazards that occur while the eligible person's
person is performing official duties, except if that incapacity
continues for more than two years from its inception, the person shall, during
the further continuance of that incapacity, be subject to the provisions of
Chapter 97 of the General Statutes pertaining to workers' compensation. The
time period for which an eligible person receives benefits pursuant to this
section shall be deducted from the eligible person's total eligibility for
benefits pursuant to G.S. 97‑29 and G.S. 97‑30. For
purposes of this section, the term "salary" shall be defined as the
total base pay of the person reflected on the person's salary statement and
shall not include overtime pay, shift differential pay, holiday pay, or other
additional earnings to which the person may have been entitled prior to such
incapacity. Salary paid to an eligible person pursuant to this Article
shall cease upon the resumption of the person's regularly assigned duties,
retirement, resignation, or death, whichever first occurs, except that
temporary return to duty shall not prohibit payment of salary for a subsequent
period of incapacity which can be shown to be directly related to the original
injury."
SECTION 30.18.(d) By February 1, 2016, the Office of State Human Resources shall report to the Joint Legislative Commission on Governmental Operations and Fiscal Research Division on the implementation of this section.
SECTION 30.18.(e) The Department of Administration shall reclassify three vacant positions within the Department and assign the positions to the Office of State Human Resources to staff the Office's Workers' Compensation program for implementation of the provisions of Article 63 of Chapter 143 of the General Statutes as amended by this act.
SECTION 30.20.(a) Effective for the 2015‑2017 fiscal biennium, required employer salary‑related contributions for employees whose salaries are paid from department, office, institution, or agency receipts shall be paid from the same source as the source of the employee's salary. If an employee's salary is paid in part from the General Fund or Highway Fund and in part from department, office, institution, or agency receipts, required employer salary‑related contributions may be paid from the General Fund or Highway Fund only to the extent of the proportionate part paid from the General Fund or Highway Fund in support of the salary of the employee, and the remainder of the employer's requirements shall be paid from the source that supplies the remainder of the employee's salary. The requirements of this section as to source of payment are also applicable to payments on behalf of the employee for hospital medical benefits, longevity pay, unemployment compensation, accumulated leave, workers' compensation, severance pay, separation allowances, and applicable disability income benefits.
SECTION 30.20.(b) Effective July 1, 2015, the State's employer contribution rates budgeted for retirement and related benefits as a percentage of covered salaries for the 2015‑2017 fiscal biennium are (i) fifteen and twenty‑one hundredths percent (15.21%) – Teachers and State Employees; (ii) twenty and twenty‑one hundredths percent (20.21%) – State Law Enforcement Officers; (iii) twelve and seventy‑four hundredths percent (12.74%) – University Employees' Optional Retirement Program; (iv) twelve and seventy‑four hundredths percent (12.74%) – Community College Optional Retirement Program; (v) thirty‑two and seventy hundredths percent (32.70%) – Consolidated Judicial Retirement System; and (vi) seven and twenty‑nine hundredths percent (7.29%) – Legislative Retirement System. Each of the foregoing contribution rates includes five and forty‑nine hundredths percent (5.49%) for hospital and medical benefits. The rate for the Teachers and State Employees, State Law Enforcement Officers, University Employees' Optional Retirement Program, and the Community College Optional Retirement Program includes forty‑one hundredths percent (0.41%) for the Disability Income Plan. The rates for Teachers and State Employees and State Law Enforcement Officers include sixteen hundredths percent (0.16%) for the Death Benefits Plan. The rate for State Law Enforcement Officers includes five percent (5%) for Supplemental Retirement Income. The rate for Teachers and State Employees and State Law Enforcement Officers includes one hundredth percent (0.01%) for the Qualified Excess Benefit Arrangement.
SECTION 30.20.(c) Effective July 1, 2015, the maximum annual employer contributions, payable monthly, by the State for each covered employee or retiree for the 2015‑2016 fiscal year to the State Health Plan for Teachers and State Employees are (i) Medicare‑eligible employees and retirees – four thousand one hundred seventy‑nine dollars ($4,179) and (ii) non‑Medicare‑eligible employees and retirees – five thousand three hundred seventy‑eight dollars ($5,378).
ALLOW RETIREES WHO RETURN TO WORK FOR THE STATE IN NONPERMANENT POSITIONS TO RETAIN THEIR COVERAGE OPTIONS UNDER THE STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES RATHER THAN LIMITING SUCH RETIREES' COVERAGE OPTIONS TO THE "BRONZE LEVEL" HIGH‑DEDUCTIble health plan necessitated by the affordable care act
SECTION 30.25.(a) G.S. 135‑48.40 reads as rewritten:
"§ 135‑48.40. Categories of eligibility.
…
(b) Partially Contributory Coverage. – The following persons are eligible for coverage under the Plan, on a partially contributory basis, subject to the provisions of G.S. 135‑48.43:
(1) All permanent full‑time employees of an employing unit who meet either of the following conditions:
a. Paid from general or special State funds.
b. Paid from non‑State funds and in a group for which his or her employing unit has agreed to provide coverage.
Employees of State agencies, departments, institutions, boards, and commissions not otherwise covered by the Plan who are employed in permanent job positions on a recurring basis and who work 30 or more hours per week for nine or more months per calendar year are covered by the provisions of this subdivision.
(1a) All retirees who (i) are employed by an employing unit, (ii) do not qualify for coverage under subdivision (1) of this subsection, and (iii) are determined to be "full‑time" by their employing unit in accordance with section 4980H of the Internal Revenue Code and the applicable regulations, as amended. The employing unit shall pay the employer premiums for retirees who enroll under this subdivision.
…
(e) Other Contributory Coverage. – Any employee of an employing unit is eligible for coverage under this section on a contributory basis, subject to the provisions of G.S. 135‑48.43 and of this section, if (i) the employee's employing unit determines that the employee is a full‑time employee and (ii) the employee does not qualify for coverage under subdivision (1), (1a), (5), (6), (7), (8), (9), or (10) of G.S. 135‑48.40(b). For the purposes of this subsection, the full‑time status of an employee shall be determined by the employing unit, in its sole discretion, in accordance with Section 4980H of the Internal Revenue Code and the applicable regulations, as amended. The coverage offered and the contribution required for coverage under this section shall be determined by the Treasurer and approved by the Board of Trustees. Such coverage shall do all of the following:
(1) Be designed to meet the requirements of minimum essential coverage under the Patient Protection and Affordable Care Act, P.L. 111‑148, and the applicable regulations, as amended (Affordable Care Act).
(2) Provide no greater coverage than a bronze‑level plan, as defined under the Affordable Care Act.
(3) Minimize the required employer contribution in an administratively feasible manner."
SECTION 30.25.(b) G.S. 135‑48.41(j) reads as rewritten:
"(j) If a retiree has been hired by an employing unit and is eligible for coverage under subdivision (1), (1a), (5), (6), (7), (8), (9), or (10) of G.S. 135‑48.40(b) or under G.S. 135‑48.40(e), then the hired retiree shall not, during the time of employment, be eligible for retiree coverage under G.S. 135‑48.40(a)(1), G.S. 135‑48.40(b)(3), G.S. 135‑48.40(c)(2), or G.S. 135‑48.40(d)(11)."
interest rate used to calculate employer contribution rates
SECTION 30.29.(a) G.S. 135‑6(o) reads as rewritten:
"(o) On the basis of such tables and interest assumption rate as the Board of Trustees shall adopt, the actuary shall make an annual valuation of the assets and liabilities of the funds of the System created by this Chapter. Notwithstanding the Board's general authority to set interest assumption rates for the annual valuation, for purposes of the calculation of employer contribution rates, the Board shall use an interest rate of seven and twenty‑hundredths percent (7.20%) in the valuation prepared as of December 31, 2013, and shall reduce that interest rate in each subsequent annual valuation by five‑hundredths percent (0.05%) relative to the previous year's valuation."
SECTION 30.29.(b) G.S. 135‑69(e) reads as rewritten:
"(e) The normal contribution rate and the accrued liability contribution rate shall be determined after each annual valuation of the Retirement System and shall remain in effect until a new valuation is made. In setting the contribution rates under this section, the Board shall use the same interest rate as that required under G.S. 135‑6(o)."
CLARIFY and amend the law providing for purchase of service by members of the teachers' and state employees' retirement system for educational leave
SECTION 30.30. G.S. 135‑8(b)(5) reads as rewritten:
"(5) The Board of Trustees may approve the purchase
of creditable service by any member for leaves of absence or for interrupted
service to an employer for the sole purposepurposes of acquiring
knowledge, talents, or abilities and to increaseincreasing the
efficiency of service to the employer. employer, subject to the
provisions of this subdivision. A leave of absence or interrupted service may
be approved for purchase under this subdivision for a period of employment as a
teacher in a charter school. Any other leave of absence or interrupted service
shall qualify for purchase under this subdivision only if (i) during the time
of the leave or interrupted service the member is enrolled and participates in
a full‑time degree program at an accredited institution of higher education,
(ii) the member is not paid for the activity in which he or she is acquiring
knowledge, talents, or abilities, and (iii) the service is not purchased for
any month in which the member performed any services for any of the organizations
listed in G.S. 135‑27(a) or G.S. 135‑27(f), or a
successor to any of those organizations. This approval Approval by
the Board under this subdivision shall be made prior to the purchase of the
creditable service, is limited to a career total of six years for each member,
and may be obtained in the following manner:
a. Approved leave of absence. – Where the employer grants an approved leave of absence, a member may make monthly contributions to the annuity savings fund on the basis of compensation the member was earning immediately prior to such leave of absence. The employer shall make monthly contributions equal to the normal and accrued liability contribution on such compensation or, in lieu thereof, the member may pay into the annuity savings fund monthly an amount equal to the employer's normal and accrued liability contribution when the policy of the employer is not to make such payment.
b. No educational leave policy. – Where the employer has a policy of not granting educational leaves of absence or the member has unsuccessfully petitioned for leave of absence and the member has interrupted service for educational purposes, the member may make monthly contributions into the annuity savings fund in an amount equal to the employee contribution plus the employer normal and accrued liability contribution on the basis of the compensation the member was earning immediately prior to the interrupted service.
c. Educational program prior to July 1, 1981. – Creditable service for leaves of absence or interrupted service for educational purposes prior to July 1, 1981, may be purchased by a member, before or after retirement, who returned as a contributing employee or teacher within 12 months after completing the educational program and completed 10 years of subsequent membership service, by making a lump sum payment into the annuity savings fund equal to the full cost of the service credits calculated on the basis of the assumptions used for purposes of the actuarial valuation of the system's liabilities and shall take into account the retirement allowance arising on account of the additional service credit commencing at the earliest age at which the member could retire on an unreduced retirement allowance as determined by the Board of Trustees upon the advice of the consulting actuary, plus a fee to be determined by the Board of Trustees.
d. Employment in a charter school. – Notwithstanding subparagraph a. of this subdivision, where the employer grants an approved leave of absence for the member to be employed in a charter school or where the member's service is interrupted by employment in a charter school, authorized under Part 6A of Article 16 of Chapter 115C of the General Statutes, the member may make monthly contributions into the annuity savings fund in an amount equal to the employee contribution plus the employer normal and accrued liability contribution on the basis of the compensation the member was earning immediately prior to the interrupted service.
Payments required to be made by the member, the employer, or both under subparagraphs a or b are due by the 15th of the month following the month for which the service credit is allowed and payments made after the due date shall be assessed a penalty, in lieu of interest, of one percent (1%) per month or fraction thereof the payment is made beyond the due date; provided, that these payments shall be made prior to retirement and provided further, that if the member did not become a contributing member within 12 months after completing the educational program and failed to complete three years of subsequent membership service, except in the event of death or disability, any payment made by the member including penalty shall be refunded with regular interest thereon and the service credits cancelled prior to or at retirement."
STATE HEALTH PLAN CASH RESERVE
SECTION 30.31.(a) During the 2015‑2017 fiscal biennium, the State Health Plan for Teachers and State Employees shall maintain a cash reserve of at least twenty percent (20%) of its annual costs. For purposes of this section, the term "cash reserve" means the total balance in the Public Employee Health Benefit Fund and the Health Benefit Reserve Fund established in G.S. 135‑48.5 plus the Plan's administrative account, and the term "annual costs" means the total of all medical claims, pharmacy claims, administrative costs, fees, and premium payments for coverage outside of the Plan.
SECTION 30.31.(b) On and after January 1, 2016, if the State Health Plan for Teachers and State Employees projects a cash reserve of less than the minimum cash reserve required by this section at any time during the remainder of the 2015‑2017 fiscal biennium, or the Fiscal Research Division of the General Assembly notifies the Plan that it projects such a deficiency, the Department of State Treasurer shall report to the Joint Legislative Commission on Governmental Operations within 60 days of that projection or notification on actions the Department plans to take in order to maintain that required minimum cash reserve.
STATE HEALTH PLAN ELIGIBILITY/premiums for alternative coverage options
SECTION 30.32.(a) G.S. 135‑48.1(18) reads as rewritten:
"(18) Retired employee (retiree). – Retired teachers,
State employees, and members of the General Assembly who (i) are
receiving monthly retirement benefits from any retirement system supported
in whole or in part by contributions of the State of North Carolina,the
Teachers' and State Employees' Retirement System, the Consolidated Judicial
Retirement System, the Legislative Retirement System, or the Optional
Retirement Program and (ii) earned contributory retirement service in one of these
retirement systems prior to January 1, 2016, and did not withdraw that service,
so long as the retiree is enrolled."
SECTION 30.32.(b) G.S. 135‑48.40 reads as rewritten:
"§ 135‑48.40. Categories of eligibility.
(a) Noncontributory Coverage. – The following persons are eligible for coverage under the Plan, on a noncontributory basis, subject to the provisions of G.S. 135‑48.43:
(1) Retired teachers, State employees, members of
the General Assembly, Retired employees as defined in G.S. 135‑48.1(18)
and retired State law enforcement officers who retired under the Law
Enforcement Officers' Retirement System prior to January 1, 1985. Except as
otherwise provided in this subdivision, on and after January 1, 1988, a
retiring employee or retiree must have completed at least five years of
contributory retirement service with an employing unit prior to retirement from
any State‑supported retirement system in order to be eligible for group
benefits under this Part as a retired employee or retiree. For employees first
hired on and after October 1, 2006, and members of the General Assembly first
taking office on and after February 1, 2007, future coverage as retired employees
and retired members of the General Assembly is subject to a requirement that
the future retiree have 20 or more years of retirement service credit in order
to be covered by the provisions of this subdivision.
…
(b) Partially Contributory Coverage. – The following persons are eligible for coverage under the Plan, on a partially contributory basis, subject to the provisions of G.S. 135‑48.43:
…
(3) Retired teachers, State employees, members of
the General Assembly, Retired employees as defined in G.S. 135‑48.1(18)
and retired State law enforcement officers who retired under the Law
Enforcement Officers' Retirement System prior to January 1, 1985. Except as
otherwise provided in this subdivision, on and after January 1, 1988, a
retiring employee or retiree must have completed at least five years of
contributory retirement service with an employing unit prior to retirement from
any State‑supported retirement system in order to be eligible for group
benefits under this Part as a retired employee or retiree. For employees first
hired on and after October 1, 2006, and members of the General Assembly first
taking office on and after February 1, 2007, future coverage as retired
employees and retired members of the General Assembly is subject to a
requirement that the future retiree have 20 or more years of retirement service
credit in order to be covered by the provisions of this subdivision.
…
(c) One‑Half Contributory Coverage. – The following persons are eligible for coverage under the Plan, on a one‑half contributory basis, subject to the provisions of G.S. 135‑48.43:
…
(2) Employees and members of the General AssemblyRetired
employees as defined in G.S. 135‑48.1(18) with 10 but less than
20 years of retirement service credit provided the employees were first hired
on or after October 1, 2006, and the members first took office on or after
February 1, 2007. For such future retirees, the State shall pay fifty percent
(50%) of the Plan's total employer premiums. Individual retirees shall pay the
balance of the total premiums not paid by the State.
(d) Fully Contributory Coverage. – The following persons shall be eligible for coverage under the Plan, on a fully contributory basis, subject to the provisions of G.S. 135‑48.43:
…
(11) Retired teachers, State employees, and members of
the General Assembly Retired employees as defined in G.S. 135‑48.1(18)
with less than 10 years of retirement service credit, provided the teachers
and State employees were first hired on or after October 1, 2006, and the
members first took office on or after February 1, 2007.
…."
SECTION 30.32.(c) G.S. 135‑48.30(a) is amended by adding a new subdivision to read as follows:
"(a) The State Treasurer shall have the following powers and duties:
…
(17) Optionally offer Medicare‑related options under G.S. 135‑48.38.
(18) Optionally offer to pay premiums to purchase alternative coverage in lieu of coverage under the Plan under G.S. 135‑48.39."
SECTION 30.32.(d) Part 3 of Article 3B of Chapter 135 of the General Statutes is amended by adding a new section to read as follows:
"§ 135‑48.39. Premiums to purchase alternative coverage for retirees in lieu of coverage under the Plan.
(a) The State Treasurer may offer to pay or reimburse premiums for alternative health benefit plan coverage in lieu of coverage under the State Health Plan. If the State Treasurer elects to offer premium payments in lieu of coverage, then the State Treasurer shall adopt rules for and limitations on doing so.
(b) Premium payments in lieu of coverage shall be limited to persons eligible for coverage under the following, and the State Treasurer may vary the amounts of premium payments depending on the category of eligibility:
(1) G.S. 135‑48.40(a)(1).
(2) G.S. 135‑48.40(a)(2).
(3) G.S. 135‑48.40(b)(3).
(4) G.S. 135‑48.40(b)(4).
(5) G.S. 135‑48.40(c)(2).
(c) Notwithstanding the eligibility for coverage provided in Part 4 of this Article, coverage outside of the Plan shall be in lieu of coverage under the Plan during the period for which the Plan member chooses premium payments in lieu of coverage."
PART XXXI. CAPITAL Appropriations
GENERAL FUND CAPITAL APPROPRIATIONS/INTRODUCTION
SECTION 31.1. The appropriations made by the 2015 General Assembly for capital improvements are for constructing, repairing, or renovating State buildings, utilities, and other capital facilities, for acquiring sites for them where necessary, and for acquiring buildings and land for State government purposes.
CAPITAL appropriations/GENERAL FUND
SECTION 31.2. There is appropriated from the General Fund for the 2015‑2017 fiscal biennium the following amounts for capital improvements:
Capital Improvements – General Fund 2015‑2016 2016‑2017
Department of Agriculture and Consumer Services
Dorton Arena Roof Replacement 2,305,000 –
Department of Cultural Resources
USS North Carolina Hull Repair and Cofferdam 3,500,000 –
Department of Environment and Natural Resources
Water Resources Development 5,083,000 –
Department of Public Safety
Armory and Facility Development Projects 618,000 5,087,500
General Assembly
Legislative Building Roof Replacement and
Asbestos Abatement 9,500,000 –
Repairs and Renovations Reserve 144,889,100
Responsible Capital Planning Commission
Capital Improvement Planning Fund 5,000,000 –
University of North Carolina
North Carolina School of Science and
Mathematics – Upgrades and Building Repair 4,000,000 –
TOTAL CAPITAL IMPROVEMENTS –
GENERAL FUND $174,895,100 5,087,500
WATER RESOURCES DEVELOPMENT PROJECTS
SECTION 31.3.(a) The Department of Environment and Natural Resources shall allocate funds for water resources development projects in accordance with the schedule that follows. The amounts set forth in the schedule include funds appropriated in this act for water resources development projects and funds carried forward from previous fiscal years in accordance with subsection (b) of this section. These funds will provide a State match for an estimated forty‑four million three hundred fifty‑three thousand dollars ($44,353,000) in federal funds.
Name of Project 2015‑2016
(1) Jordan Water Supply $200,000
(2) Wilmington Harbor Study 225,000
(3) Planning Assistance 25,000
(4) Wilmington Harbor Deepening 600,000
(5) Wilmington Harbor Maintenance ‑
(6) Morehead City Harbor Maintenance ‑
(7) Carolina Beach Storm Damage Reduction 1,400,000
(8) Carolina Beach Storm Damage Reduction 15‑Year Extension Study 81,000
(9) Kure Beach Storm Damage Reduction 1,450,000
(10) Wrightsville Storm Damage Reduction Reevaluation Report 81,000
(11) Ocean Isle Storm Damage Reduction Reevaluation Report 81,000
(12) Bogue Banks Storm Damage Reduction Preconstruction,
Engineering, and Design 165,000
(13) Surf City/North Topsail Preconstruction Activities 135,000
(14) West Onslow Beach Preconstruction Activities 135,000
(15) NRCS EQIP (65/35) 1,000,000
(16) Planning for S.L. 2010‑143 75,000
(17) State‑Local Projects 1,000,000
(18) Lock and Dam #2 – Fish Ramp – Phase 1 250,000
(19) Linville River Restoration 250,000
(20) Assistance to Counties – EAP Preparation 250,000
(21) North Topsail Shoreline Protection – Phase 2 500,000
TOTALS $7,903,000
SECTION 31.3.(b) It is the intent of the General Assembly that funds carried forward from previous fiscal years be used to supplement the five million eighty‑three thousand dollars ($5,083,000) appropriated for water resources development projects in Section 31.2 of this act. Therefore, the following funds carried forward from previous fiscal years shall be used for the following projects:
Name of Project Amount Carried Forward
(1) Wilmington Harbor Study $225,000
(2) Planning Assistance 25,000
(3) Wilmington Harbor Deepening 600,000
(4) Carolina Beach Storm Damage Reduction 727,000
(5) Kure Beach Storm Damage Reduction 808,000
(6) Bogue Banks Storm Damage Reduction Preconstruction,
Engineering, and Design 165,000
(7) Surf City/North Topsail Preconstruction Activities 135,000
(8) West Onslow Beach Preconstruction Activities 135,000
TOTALS $2,820,000
SECTION 31.3.(c) Where the actual costs are different from the estimated costs under subsection (a) of this section, the Department may adjust the allocations among projects as needed. If any projects funded under subsection (a) of this section are delayed and the budgeted State funds cannot be used during the 2015‑2016 fiscal year or if the projects funded under subsection (a) of this section are accomplished at a lower cost, the Department may use the resulting fund availability to fund any of the following:
(1) U.S. Army Corps of Engineers project feasibility studies.
(2) U.S. Army Corps of Engineers projects whose schedules have advanced and require State matching funds in the 2015‑2016 fiscal year.
(3) State‑local water resources development projects.
Funds subject to this subsection that are not expended or encumbered for the purposes set forth in subdivisions (1) through (3) of this subsection shall revert to the General Fund at the end of the 2016‑2017 fiscal year.
SECTION 31.3.(d) The Department shall make semiannual reports on the use of these funds to the Joint Legislative Commission on Governmental Operations, the Fiscal Research Division, and the Office of State Budget and Management. Each report shall include all of the following:
(1) All projects listed in this section.
(2) The estimated cost of each project.
(3) The date that work on each project began or is expected to begin.
(4) The date that work on each project was completed or is expected to be completed.
(5) The actual cost of the project.
The semiannual reports also shall show those projects advanced in schedule, those projects delayed in schedule, and an estimate of the amount of funds expected to revert to the General Fund.
SECTION 31.3.(e) Notwithstanding any provision of law to the contrary, funds appropriated for a water resources development project shall be used to provide no more than fifty percent (50%) of the nonfederal portion of funds for the project. This subsection applies to funds appropriated in this act and to funds appropriated prior to the 2015‑2017 fiscal biennium that are unencumbered and proposed for reallocation to provide the nonfederal portion of funds for water resources development projects. The limitation on fund usage contained in this subsection applies only to projects in which a local government or local governments participate.
NON‑GENERAL FUND CAPITAL IMPROVEMENT AUTHORIZATIONS
SECTION 31.4.(a) The General Assembly authorizes the following capital projects to be funded with receipts or from other non‑General Fund sources available to the appropriate department:
Amount of Non‑General Fund
Name of Project Funding Authorized
FY 2015‑2016 FY 2016‑2017
Department of Agriculture and Consumer Services
WNC Farmers Market Improvements/Robert
G. Shaw Piedmont Triad Farmers Market
Improvements $3,000,000 –
WNC Agricultural Center Events/Restroom Building 500,000 –
NC Forest Service Mountain Island Educational
Forest‑Visitor and Interpretive Center 4,000,000 –
Deer Fence on Research Stations 200,000 –
Aviary Egg Layer Research Building 1,750,000 –
State Fair Renovations/Infrastructure Improvements 2,500,000 –
State Fair Horse Complex 1,000,000 –
Animal Disease Diagnostic Laboratory Equipment 500,000 –
Department of Environment and Natural Resources
Fort Fisher Aquarium Seawall 590,000 590,000
Gorilla Expansion 450,000 –
Department of Public Safety
National Guard – Wilmington Replacement 14,200,000 –
Department of Transportation
Anson County Blacksmith Shop 195,000 –
Nash County Equipment Shop 194,200 2,590,800
Gaston County Equipment Shop 2,409,000 –
Statewide Local Truck Storage Shed – 194,800
Lee County Resident Engineers Office – 1,198,000
Watauga County District Engineers – 1,165,000
Surry County District Engineers Office – 1,197,000
Guilford County Bridge Maintenance Facility – 1,024,000
Scotland County Maintenance Office – 1,109,000
Wildlife Resources Commission
Boating Access New Construction 3,750,000 3,750,000
Land Acquisition 900,000 900,000
Jordan Lake Depot 500,000 –
Fishing Access Construction – 200,000
TOTAL AMOUNT OF NON‑GENERAL
FUND CAPITAL PROJECTS
AUTHORIZED $36,638,200 13,918,600
SECTION 31.4.(b) From funds deposited with the State Treasurer in a capital improvement account to the credit of the Department of Agriculture and Consumer Services pursuant to G.S. 146‑30, the sum of seventy‑five thousand dollars ($75,000) for the 2015‑2016 fiscal year and the sum of seventy‑five thousand dollars ($75,000) for the 2016‑2017 fiscal year shall be transferred to the Department of Agriculture and Consumer Services to be used, notwithstanding G.S. 146‑30, by the Department for its plant conservation program under Article 19B of Chapter 106 of the General Statutes for costs incidental to the acquisition of land, such as land appraisals, land surveys, title searches, and environmental studies, and for the management of the plant conservation program preserves owned by the Department.
REPAIRS AND RENOVATIONS RESERVE ALLOCATION
SECTION 31.5.(a) Of the funds in the Reserve for Repairs and Renovations for the 2015‑2016 and the 2016‑2017 fiscal years, the following allocations shall be made to the following agencies for repairs and renovations pursuant to G.S. 143C‑4‑3:
(1) Fifty percent (50%) of the funds shall be allocated to the Board of Governors of The University of North Carolina.
(2) Fifty percent (50%) of the funds shall be allocated to the Office of State Budget and Management.
The Office of State Budget and Management shall consult with or report to the Joint Legislative Commission on Governmental Operations, as appropriate, in accordance with G.S. 143C‑4‑3(d). The Board of Governors shall report to the Joint Legislative Commission on Governmental Operations in accordance with G.S. 143C‑4‑3(d).
SECTION 31.5.(b) Notwithstanding G.S. 143C‑4‑3(d), of the funds allocated to the Board of Governors of The University of North Carolina in subsection (a) of this section, a portion shall be used each fiscal year by the Board of Governors for the installation of fire sprinklers in university residence halls. This portion shall be in addition to funds otherwise appropriated in this act for the same purpose. Such funds shall be allocated among the University's constituent institutions by the President of The University of North Carolina, who shall consider the following factors when allocating those funds:
(1) The safety and well‑being of the residents of campus housing programs.
(2) The current level of housing rents charged to students and how that compares to an institution's public peers and other UNC institutions.
(3) The level of previous authorizations to constituent institutions for the construction or renovation of residence halls funded from the General Fund or from bonds or certificates of participation supported by the General Fund since 1996.
(4) The financial status of each constituent institution's housing system, including debt capacity, debt coverage ratios, credit rankings, required reserves, the planned use of cash balances for other housing system improvements, and the constituent institution's ability to pay for the installation of fire sprinklers in all residence halls.
(5) The total cost of each proposed project, including the cost of installing fire sprinklers and the cost of other construction, such as asbestos removal and additional water supply needs.
The Board of Governors shall submit progress reports to the Joint Legislative Commission on Governmental Operations. Reports shall include the status of completed, current, and planned projects. Reports also shall include information on the financial status of each constituent institution's housing system, the constituent institution's ability to pay for fire protection in residence halls, and the timing of installation of fire sprinklers. Reports shall be submitted on January 1 and July 1 until all residence halls have fire sprinklers.
SECTION 31.5.(c) Notwithstanding G.S. 143C‑4‑3(d), of the funds allocated to the Board of Governors of The University of North Carolina in subsection (a) of this section, a portion shall be used each fiscal year by the Board of Governors for campus public safety improvements allowable under G.S. 143C‑4‑3(b).
SECTION 31.5.(d) In making campus allocations of funds allocated to the Board of Governors of The University of North Carolina in subsection (a) of this section, the Board of Governors shall negatively weight the availability of non‑State resources and carry forward funds available for repair and renovations and shall include information about the manner in which this subsection was complied with in any report submitted pursuant to G.S. 143C‑4‑3(d).
PROCEDURES FOR DISBURSEMENT OF CAPITAL FUNDS
SECTION 31.6. The appropriations made by the 2015 General Assembly for capital improvements shall be disbursed for the purposes provided by this act. Expenditure of funds shall not be made by any State department, institution, or agency until an allotment has been approved by the Governor as Director of the Budget. The allotment shall be approved only after full compliance with the State Budget Act, Chapter 143C of the General Statutes. Prior to the award of construction contracts for projects to be financed in whole or in part with self‑liquidating appropriations, the Director of the Budget shall approve the elements of the method of financing of those projects, including the source of funds, interest rate, and liquidation period. Provided, however, that if the Director of the Budget approves the method of financing a project, the Director shall report that action to the Joint Legislative Commission on Governmental Operations at its next meeting.
Where direct capital improvement appropriations include the purpose of furnishing fixed and movable equipment for any project, those funds for equipment shall not be subject to transfer into construction accounts except as authorized by the Director of the Budget. The expenditure of funds for fixed and movable equipment and furnishings shall be reviewed and approved by the Director of the Budget prior to commitment of funds.
Capital improvement projects authorized by the 2015 General Assembly shall be completed, including fixed and movable equipment and furnishings, within the limits of the amounts of the direct or self‑liquidating appropriations provided, except as otherwise provided in this act. Capital improvement projects authorized by the 2015 General Assembly for the design phase only shall be designed within the scope of the project as defined by the approved cost estimate filed with the Director of the Budget, including costs associated with site preparation, demolition, and movable and fixed equipment.
SECTION 31.7.(a) Definitions. – The following definitions apply in this section:
(1) Capital project. – Any capital improvement, as that term is defined in G.S. 143C‑1‑1, that is not complete by the effective date of this section and that is funded in whole or in part with State funds, including receipts, non‑General Fund sources, or statutorily or constitutionally authorized indebtedness of any kind. This term includes only projects with a total cost of one hundred thousand dollars ($100,000) or more.
(2) Construction phase. – The status of a particular capital project as described using the terms customarily employed in the design and construction industries.
(3) New capital project. – A capital project that is authorized in this act or subsequent to the effective date of this act.
SECTION 31.7.(b) Reporting. – The following reports are required:
(1) By October 1, 2015, and every six months thereafter, each State agency shall report on the status of agency capital projects to the Joint Legislative Commission on Governmental Operations.
(2) By October 1, 2015, and quarterly thereafter, each State agency shall report on the status of agency capital projects to the Fiscal Research Division of the General Assembly and to the Office of State Budget and Management.
SECTION 31.7.(c) The reports required by subsection (b) of this section shall include at least the following information about every agency capital project:
(1) The current construction phase of the project.
(2) The anticipated time line from the current construction phase to project completion.
(3) Information about expenditures that have been made in connection with the project, regardless of source of the funds expended.
(4) Information about the adequacy of funding to complete the project, including estimates of how final expenditures will relate to initial estimates of expenditures, and whether or not scope reductions will be necessary in order to complete the project within its budget.
(5) For new capital projects only, an estimate of the operating costs for the project for the first five fiscal years of its operation.
SECTION 31.7.(d) In addition to the other reports required by this section, on October 1, 2015, and every six months thereafter, the Office of State Construction shall report on the status of the Facilities Condition Assessment Program (FCAP) to the Joint Legislative Commission on Governmental Operations. The report shall include (i) summary information about the average length of time that passes between FCAP assessments for an average State building; (ii) detailed information about when the last FCAP assessment was for each State building complex; and (iii) detailed information about the condition and repairs and renovations needs of each State building complex.
SECTION 31.7.(e) In addition to the other reports required by this section, on October 1, 2015, and quarterly thereafter, the State Construction Office shall report to the Joint Legislative Oversight Committee on Capital Improvements on the status of plan review, approval, and permitting for each State capital improvement project and community college capital improvement project over which the Office exercises plan review, approval, and permitting authority. Each report shall include (i) summary information about the workload of the Office during the previous quarter, including information about the average length of time spent by the State Construction Office on each major function it performs that is related to capital project approval, and (ii) detailed information about the amount of time spent engaged in those functions for each project that the State Construction Office worked on during the previous quarter.
SECTION 31.8.(a) The Department of Public Safety shall allocate the funds appropriated for armory and facility development projects in Section 31.2 of this act to projects designated by the Adjutant General of the North Carolina National Guard. The Adjutant General shall allocate funds only to projects that were included in the latest Armory and Facilities Development Plan developed pursuant to G.S. 127A‑210 and may determine which fiscal year of the biennium each designated project shall be funded. These funds will provide a State match for federal funds made available for this purpose.
SECTION 31.8.(b) No later than June 1, 2017, and every two years thereafter, the Department shall report on the use of these funds to the Joint Legislative Commission on Governmental Operations, the Fiscal Research Division of the General Assembly, and the Office of State Budget and Management. Each report shall include all of the following:
(1) The status of all projects undertaken pursuant to this section.
(2) The estimated total cost of each project.
(3) The date that work on each project began or is expected to begin.
(4) The date that work on each project was completed or is expected to be completed.
(5) The actual cost of each project, including federal matching funds.
(6) Facilities planned for closure or reversion.
(7) A list of projects advanced in schedule, those projects delayed in schedule, and an estimate of the amount of funds expected to revert to the General Fund.
PLAN FOR RELOCATING ALL DHHS OFFICES TO ONE LOCATION
SECTION 31.10.(a) The Department of Health and Human Services, in consultation with the Department of Administration, shall develop a plan for relocating the personnel and resources of the Department of Health and Human Services that are located on the Dorothea Dix campus and on other property leased or owned by the State in the Greater Triangle area (consisting of Durham, Orange, Johnston, and Wake Counties) to one site available to the State. The Department shall report the plan to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division by the earlier of October 1, 2016, or six months prior to the date on which the Department is required to move some or all of its personnel and resources from the Dorothea Dix campus under the terms of an agreement between the State and the City of Raleigh. The plan required by this section shall include at least all of the following information:
(1) The location to which the personnel and resources of the Department of Health and Human Services will be relocated.
(2) The square footage needed in order to accommodate the relocation.
(3) A statement of anticipated costs or benefits associated with the relocation.
(4) A schedule for implementation of the relocation plan.
(5) Identification of any potential obstacles to the relocation plan.
(6) Options for financing the relocation plan developed in conjunction with the State Treasurer and the State Controller.
SECTION 31.10.(b) Notwithstanding any other provision of law, neither the Department of Health and Human Services nor the Department of Administration shall enter into any lease or other agreement to move the personnel or resources of the Department of Health and Human Services that currently reside on the Dorothea Dix campus or on other property leased or owned by the State in the Greater Triangle area to another site until specifically authorized to do so by the General Assembly.
MODIFY SPECIAL INDEBTEDNESS PROVISIONS
SECTION 31.11.(a) G.S. 143‑128.1C reads as rewritten:
"§ 143‑128.1C. Public‑private partnership construction contracts.
(a) Definitions for purposes of this section:
…
(4) Development contract. – Any contract between a governmental entity and a private developer under this section and, as part of the contract, the private developer is required to provide at least fifty percent (50%) of the financing for the total cost necessary to deliver the capital improvement project, whether through lease or ownership, for the governmental entity. For purposes of determining whether the private developer is providing the minimum percentage of the total financing costs, the calculation shall not include any payment made by a public entity or proceeds of financing arrangements by a private entity where the source of repayment is a public entity.
…
(10) State‑supported financing arrangement. – Any installment financing arrangement, lease‑purchase arrangement, arrangement under which funds are to be paid in the future based upon the availability of an asset or funds for payment, or any similar arrangement in the nature of a financing, under which a State entity agrees to make payments to acquire or obtain ownership or beneficial use of a capital asset for the State entity or any other State entity for a term, including renewal options, of greater than one year. Any arrangement that results in the identification of a portion of a lease payment, installment payment, or similar scheduled payment thereunder by a State entity as "interest" for purposes of federal income taxation shall automatically be a State‑supported financing arrangement for purposes of this section. A true operating lease is not a State‑supported financing arrangement.
…
(k) Leases and other agreements entered into under this section are subject to approval as follows:
…
(2) If a capital lease is or other agreement entered
into by a State entity that constitutes a State‑supported
financing arrangement and requires payments thereunder that are payable,
whether directly or indirectly, and whether or not subject to the appropriation
of funds for such payment, by payments from the General Fund of the State or
other funds and accounts of the State that are funded from the general revenues
and other taxes and fees of the State or State entities, not including taxes
and fees that are required to be deposited to the Highway Fund or Highway Trust
Fund,Fund to be used to make payments under capital leases or other
agreements for projects covered under Article 14B of Chapter 136 of the General
Statutes, that capital lease or other agreement shall be subject to
the approval procedures required for special indebtedness by G.S. 142‑83
and G.S. 142‑84. This requirement shall not apply to any arrangement
where bonds or other obligations are issued or incurred by a State entity to
carry out a financing program authorized by the General Assembly under which
such bonds or other obligations are payable from monies derived from specified,
limited, nontax sources, so long as the payments under that arrangement by a
State entity are limited to the sources authorized by the General Assembly.
…."
SECTION 31.11.(b) This section is effective when this act becomes law.
DEBT AFFORDABILITY STUDY FOR THE UNIVERSITY OF NORTH CAROLINA
SECTION 31.13. Chapter 116D of the General Statutes is amended by adding a new Article to read:
"Article 5.
"Managing Debt Capacity.
"§ 116D‑55. Purpose.
The purpose of this Article is to provide tools for sound debt management at The University of North Carolina by requiring each constituent institution to conduct an annual debt affordability study, by requiring the establishment of guidelines for maintaining prudent debt levels, and by establishing a system for prioritizing University capital needs when the needs exceed the University's capacity for new debt.
"§ 116D‑56. Debt affordability study required.
(a) Study Required. – The Board of Governors shall annually advise the Governor and the General Assembly on the estimated debt capacity of The University of North Carolina for the upcoming five fiscal years. The Board shall oversee the undertaking of an annual debt affordability study and the establishment of guidelines for evaluating the University's debt burden. The guidelines should include target and ceiling ratios of debt to obligated resources and target and floor percentages for the five‑year payout ratio. The Board shall also recommend any other debt management policies it considers desirable and consistent with sound management of the University's debt.
(b) Board of Governors Reporting Required. – The Board shall report its findings and recommendations to the Office of State Budget and Management, the Joint Legislative Commission on Governmental Operations, the State Treasurer, and The University of North Carolina General Administration by February 1 of each year. The report shall be accompanied by each of the reports provided to the Board pursuant to subsection (c) of this section.
(c) Constituent Institution Reporting Required. – No later than November 1 of each year, each constituent institution shall report to the Board of Governors on its current and anticipated debt levels. The report shall be made in a uniform format to be prescribed by the Board of Governors. Each report shall include at least the following:
(1) The amount and type of outstanding debt of the institution.
(2) The sources of repayment of the debt.
(3) The amount of debt that the institution plans to issue or incur during the next five years.
(4) A description of projects financed with the debt.
(5) The current bond rating of the institution and information about any changes to that bond rating since the last report was submitted.
(6) Information about the constituent institution's debt management policies and any recommendations for methods to maintain or improve the University's bond rating.
(7) Debt burden comparisons to comparable peer institutions.
(8) Any other information requested by the Board of Governors.
(d) Definitions. – The following definitions apply in this section:
(1) Debt. – Debt incurred under this Chapter or any other debt that will be serviced with funds available to the institutions from gifts, grants, receipts, Medicare reimbursements for education costs, hospital receipts from patient care, or other funds, or any combination of these funds, but not including debt that will be serviced with funds appropriated from the General Fund of the State.
(2) Obligated resources. – As defined in G.S. 116D‑22."
AUTHORIZE STATE AGENCIES TO UNDERTAKE SMALL REPAIRS AND RENOVATIONS PROJECTS WITH FUNDS AVAILABLE
SECTION 31.14.(a) Notwithstanding G.S. 143C‑8‑7, a State agency may undertake repairs and renovations projects so long as each project satisfies the following requirements:
(1) Total project costs do not exceed three hundred thousand dollars ($300,000).
(2) The project satisfies the requirements of G.S. 143C‑4‑3(b).
(3) The project is paid for with funds available to the agency.
SECTION 31.14.(b) Projects undertaken pursuant to this section shall be reported to the Fiscal Research Division on a quarterly basis. A report under this subsection shall include information about all of the following for each project:
(1) The facility at which the project is being undertaken.
(2) The nature and scope of the project.
(3) The source of funds for the project.
(4) The category of projects set forth in G.S. 143C‑4‑3(b) that the project falls within.
CREATE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON CAPITAL IMPROVEMENTS
SECTION 31.16.(a) Article 29 of Chapter 120 of the General Statutes is amended by adding three new sections to read:
"§ 120‑261. Creation and membership of Joint Legislative Oversight Committee on Capital Improvements.
The Joint Legislative Oversight Committee on Capital Improvements is established. The Committee consists of 16 members as follows:
(1) Eight members of the House of Representatives appointed by the Speaker of the House of Representatives, at least two of whom are members of the minority party.
(2) Eight members of the Senate appointed by the President Pro Tempore of the Senate, at least two of whom are members of the minority party.
Terms on the Committee are for two years and begin on the convening of the General Assembly in each odd‑numbered year, except the terms of the initial members, which begin on appointment and end on the day of the convening of the 2017 General Assembly. Members may complete a term of service on the Committee even if they do not seek reelection or are not reelected to the General Assembly, but resignation or removal from service in the General Assembly constitutes resignation or removal from service on the Committee.
A member continues to serve until the member's successor is appointed. A vacancy shall be filled within 30 days by the officer who made the original appointment.
"§ 120‑262. Purpose and powers of the Committee.
(a) The Joint Legislative Oversight Committee on Capital Improvements shall have the power to do all of the following:
(1) Examine, on a continuing basis, capital improvements requested by, authorized for, and undertaken by or on behalf of State agencies.
(2) Have oversight over implementation of the six‑year capital improvements plan developed pursuant to G.S. 143C‑8‑5.
(3) Make recommendations to the General Assembly on ways to improve the planning, financing, design, construction, and maintenance of State capital improvements.
(4) Make reports and recommendations to the General Assembly regarding which capital improvements requested by State agencies should be authorized and how they should be funded.
(5) Examine any other topic the Committee believes to be related to its purpose.
(b) As used in this section, the term "capital improvement" shall have the same meaning as in G.S. 143C‑1‑1.
"§ 120‑263. Organization of Committee.
(a) The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each designate a cochair of the Joint Legislative Oversight Committee on Capital Improvements. The Committee shall meet upon the call of the cochairs.
(b) A quorum of the Committee is nine members. No action may be taken except by a majority vote at a meeting at which a quorum is present. While in the discharge of its official duties, the Committee has the powers of a joint committee under G.S. 120‑19 through G.S. 120‑19.4.
(c) Members of the Committee receive subsistence and travel expenses as provided in G.S. 120‑3.1. The Committee may contract for consultants or hire employees in accordance with G.S. 120‑32.02. The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Committee in its work. Upon the direction of the Legislative Services Commission, the Supervisors of Clerks of the Senate and of the House of Representatives shall assign clerical staff to the Committee. The expenses for clerical employees shall be borne by the Committee.
(d) The cochairs of the Committee may call upon other knowledgeable persons or experts to assist the Committee in its work."
SECTION 31.16.(b) G.S. 120‑76(9) is repealed.
Require UNC Carryforward Funds to Be Used for Repairs and Renovations
SECTION 31.17.(a) G.S. 116‑30.3(f) reads as rewritten:
"(f) Funds carried forward pursuant to subsection
(a) of this section may be used for one‑time expenditures, provided,
however, that the expenditures shall not impose additional financial
obligations on the State and shall not be used to support positions.only
for projects that are eligible to receive funds from the Repairs and
Renovations Reserve under G.S. 143C‑4‑3(b)."
SECTION 31.17.(b) This section becomes effective June 30, 2015.
McGough Arena Repair Project Changes
SECTION 31.18. Section 36.12(f)(5) of S.L. 2014‑100 reads as rewritten:
"SECTION 36.12.(f) Allocation of Proceeds. – The proceeds of bonds and notes shall be allocated and expended as provided in this subsection:
…
(5) A maximum aggregate principal amount of two million dollars ($2,000,000) to finance the capital facility costs of repairing or renovating the roof of the McGough Arena and other facilities at the Western North Carolina Agricultural Center."
TECHNICAL CORRECTION RELATING TO USS NORTH CAROLINA BATTLESHIP REPAIRS
SECTION 31.19. Section 36.10 of S.L. 2014‑100 reads as rewritten:
"SECTION 36.10. The General Assembly authorizes USS North Carolina Battleship hull and cofferdam repairs to be funded at a maximum cost of thirteen million dollars ($13,000,000) in accordance with this section. The sum of three million dollars ($3,000,000) of the proceeds of bonds issued pursuant to Section 36.12(f)(7) of this act shall be used for this project. The remainder of the project shall be funded with receipts or from other non‑General Fund sources available to the Department of Cultural Resources, and those funds are hereby appropriated for that purpose."
SECTION 31.20.(a) Article 9 of Chapter 143B of the General Statutes is amended by adding a new Part to read:
"Part 3A. Responsible Capital Planning Commission.
"§ 143B‑374.1. Creation of Responsible Capital Planning Commission; membership; compensation; meetings; quorum; office space and staffing.
(a) Creation. – There is created the Responsible Capital Planning Commission. The Commission shall be located administratively within the Department of Administration but shall exercise all of its prescribed statutory powers independently of the Secretary of Administration.
(b) Membership. – The Responsible Capital Planning Commission shall consist of the following seven members who shall serve at the pleasure of the Governor:
(1) Two capital projects coordinators from State agencies other than The University of North Carolina.
(2) Two capital projects coordinators from The University of North Carolina system.
(3) Two capital projects coordinators from community colleges in this State.
(4) The State Budget Director, who shall be the chair of the Commission.
(c) Compensation. – The Commission members shall receive no salary as a result of serving on the Commission but shall receive per diem, subsistence, and travel expenses in accordance with the provisions of G.S. 120‑3.1, 138‑5, and 138‑6, as applicable.
(d) Meetings. – The chair shall convene the Commission. Meetings shall be held as often as necessary, but not less than four times a year.
(e) Quorum. – A majority of the members of the Commission shall constitute a quorum for the transaction of business. The affirmative vote of a majority of the members present at meetings of the Commission shall be necessary for action to be taken by the Commission.
(f) Office Space and Staffing. – The Department of Administration shall provide office space in Raleigh for use as offices by the Commission, and the Department of Administration shall receive no reimbursement from the Commission for the use of the property during the life of the Commission. The Secretary of the Department of Administration shall be responsible for staffing the Commission.
"§ 143B‑374.2. Powers and duties of the Responsible Capital Planning Commission.
The Responsible Capital Planning Commission shall have the following powers and duties:
(1) To determine whether State agency capital improvement projects have been responsibly planned, in accordance with G.S. 143C‑8‑13.
(2) To provide funds for advanced planning of State agency capital improvements, in accordance with G.S. 143C‑8‑14.
(3) To adopt rules to accomplish the purposes set forth in this section in accordance with Chapter 150B of the General Statutes."
SECTION 31.20.(b) Article 8 of Chapter 143C of the General Statutes is amended by adding two new sections to read:
"§ 143C‑8‑13. Capital improvements require certification of responsible planning.
(a) Certification of Responsible Planning. – The Responsible Capital Planning Commission shall have the power and duty to certify that State agency capital improvements have been responsibly planned. The Commission shall deem a project to have been responsibly planned if advanced planning for the project is complete and the resulting plans satisfy all of the requirements of G.S. 143C‑8‑14(c)(2) and (3).
(b) State Agencies Shall Submit Plans to Commission. – A State agency that has completed advanced planning of a large capital improvement shall submit those plans and any additional information requested to the Responsible Capital Planning Commission so that the Commission can determine whether or not to issue a certification of responsible planning pursuant to subsection (a) of this section. This subsection applies to all large capital improvements undertaken by State agencies, regardless of the source or sources of funding for advanced planning or for project completion.
(c) Reporting. – The Responsible Capital Planning Commission shall report certifications of responsible planning issued pursuant to subsection (a) of this section to the Office of State Budget and Management and to the Fiscal Research Division of the Legislative Services Commission within 10 days of their issuance. Each report shall include all of the following:
(1) Details of the basis for the determination that the certification should be issued, including information about the manner in which each of the criteria set forth in G.S. 143‑8‑14(c)(2) and (3) is satisfied.
(2) The total estimated cost to complete the project.
(3) The estimated amount of non‑State funding that the project will receive.
(4) An estimate of the operating costs for the completed project for the first five and 10 years of its operation.
(5) A history of the revision of the project plans in response to feedback from the Commission, including any previous denials of certifications.
(d) General Assembly Intent. – It is the intent of the General Assembly not to appropriate funds for large capital improvements, or to authorize large capital improvements to be funded with non‑General Fund sources, beyond the advanced planning phase until the Responsible Capital Planning Commission has issued a certification of responsible planning pursuant to subsection (a) of this section.
(e) Effect of Appropriation or Authorization to Proceed Beyond Advanced Planning Phase. – If the General Assembly appropriates funds for a large capital improvement beyond the advanced planning phase, or authorizes a large capital improvement project to proceed beyond that phase, no funds from any source shall be spent or encumbered for work on phases beyond the advanced planning phase until the Responsible Capital Planning Commission issues a certification of responsible planning pursuant to subsection (a) of this section.
(f) Large Capital Improvement. – A capital improvement with an estimated total cost that exceeds five million dollars ($5,000,000). The term does not include a repairs and renovations project, as described in G.S. 143C‑4‑3(b).
"§ 143C‑8‑14. Funds for advanced planning of State capital improvement projects.
(a) Capital Improvement Planning Fund. – The Capital Improvement Planning Fund is established as a special fund in the Responsible Capital Planning Commission of the Department of Administration. It is the intent of the General Assembly to fund appropriations for advanced planning of State agency capital improvement projects exclusively through this Fund using the procedures set forth in this section.
(b) Use of Funds. – Funds in the Capital Improvement Planning Fund shall be available for expenditure only upon appropriation by the General Assembly and shall be used only for the advanced planning of State capital improvement projects.
(c) Procedure for Allocation of Funds. – The Responsible Capital Planning Commission shall implement a competitive process for awarding funds from the Capital Improvement Planning Fund and those funds shall be allocated to fund the advanced planning of a State agency capital improvement project only if all of the following conditions are satisfied:
(1) The project was included in the budget requests made to the Director of the Budget in accordance with Article 3 of Chapter 143C of the General Statutes.
(2) The Responsible Capital Planning Commission determines that there is or is likely to be a State need for the project in the future and the need is substantial enough to justify funding the planning of the project. The assessment of the need for the project shall include an analysis of the following:
a. The estimated statewide impact of the project.
b. Whether or not the requesting agency adequately uses the space and facilities currently allocated to it.
c. Whether the project will mitigate immediate safety or environmental concerns.
d. The availability of non‑State investment in and support for the project.
e. The estimated economic impact the project will have on the State.
f. Any other aspect of the project that the Commission deems to be relevant.
(3) The Responsible Capital Planning Commission determines that all of the following conditions are satisfied:
a. The project is justified with respect to the capital improvement needs criteria developed by the Office of State Budget and Management pursuant to G.S. 143C‑8‑3.
b. The project, or components of the project, will be planned using a standard, reusable design as determined by the Department of Administration.
c. The project will minimize the inclusion of design elements that are not related to the core function of the project.
d. The estimated total cost of the project is lower than the total cost of similar facilities or otherwise meets the need of the State agency at the lowest possible cost to taxpayers.
e. The project will incorporate design elements that have yielded documented operating cost savings in similar facilities.
f. The requesting agency's total repairs and renovations needs are not excessive.
(4) The State agency that requested planning funds agrees to abide by any limitations on the scope of the planning imposed by the Responsible Capital Planning Commission.
(5) If the allocation of funds to plan a particular project exceeds five million dollars ($5,000,000), the Responsible Capital Planning Commission consults with the Joint Legislative Commission on Governmental Operations prior to the allocation and reports the allocation to the Joint Legislative Oversight Committee on Capital Improvements.
(6) If the allocation of funds to plan a particular project is less than or equal to five million dollars ($5,000,000), the Responsible Capital Planning Commission reports the allocation to the Joint Legislative Commission on Governmental Operations and to the Joint Legislative Oversight Committee on Capital Improvements within 60 days of the expenditure or reallocation.
(7) The amount of planning funds allocated for the project does not exceed four percent (4%) of the estimated total cost to complete the project.
(8) The request for the project is accompanied by an estimate of the operating costs for the completed facility for the first five and 10 years of its operation.
(9) The requesting agency agrees not to spend any of the funds allocated to it from the Capital Improvement Planning Fund to seek LEED Certification from the U.S. Green Building Council.
(d) Funding of Planning Does Not Constitute Authority to Complete Full Project. – An allocation of funds for advanced planning of a project under this section shall not be construed to authorize completion of any phase of a project beyond the advanced planning phase. The General Assembly shall not be required to appropriate funds to complete a project that was planned pursuant to this section.
(e) Timing of Department Allocations. – To the extent feasible, the Responsible Capital Planning Commission shall ensure that the timing of allocations of funds from the Capital Improvement Planning Fund is managed in a way that allows State agencies and the General Assembly to provide for timely commencement and completion of post‑planning stages of a project when the General Assembly decides to authorize completion of a project beyond the planning stage."
SECTION 31.20.(c) G.S. 143C‑3‑3 reads as rewritten:
"§ 143C‑3‑3. Budget requests from State agencies in the executive branch.
…
(d) Capital Funds Request. – In addition to any other information requested by the Director, any State agency proposing to (i) acquire real property, (ii) construct a new facility, (iii) expand the building area (sq. ft.) of an existing facility, or (iv) rehabilitate an existing facility to accommodate new or expanded uses shall accompany that request with all of the following:
(1) An estimate of its space needs and other physical requirements, together with a review and evaluation of that estimate prepared by the Department of Administration, except that in the case of a project of The University of North Carolina for which advance planning has not been completed, the estimate of space needs may be a preliminary estimate.
(2) An estimate of project costs and cash flow requirements approved by the Department of Administration.
(3) A certification of project feasibility as described in G.S. 143‑341, except that in the case of a project of The University of North Carolina for which advance planning has not been completed, the request may be submitted without this certification.
(4) An explanation of the method by which the acquisition, construction, or rehabilitation is to be financed.
(5) An estimate of maintenance and operating costs, including personnel, for the project, covering the first five and 10 years of operation.
(6) An estimate of revenues, if any, to be derived from the project, covering the first five years of operation.
(7) A certification of responsible planning as described in G.S. 143C‑8‑13 if the project is required to have one pursuant to that section.
This subsection does not apply to requests for State resources for railroad, highway, or bridge construction or renovation."
SECTION 31.20.(d) No later than October 1, 2015, the Responsible Capital Planning Commission shall report to the Joint Legislative Commission on Governmental Operations on the process it will use to make allocation decisions under G.S. 143C‑8‑14, as enacted by subsection (b) of this section. The report shall specifically include information about the way that the Department will ensure that the process is competitive.
SECTION 31.20.(e) The Department of Administration and the Office of State Construction shall collaborate with the Government Data Analytics Center (GDAC) in order to leverage existing public‑private partnerships and subject matter expertise that can facilitate improvements in capital planning and analysis. The GDAC shall allocate sufficient resources for this purpose and shall integrate financial and budget data with the Department's comprehensive facilities data system.
SECTION 31.20.(f) This section is effective when this act becomes law, except that it does not apply to projects (i) for which advanced planning was complete before that date or (ii) that are authorized during the 2015‑2017 fiscal biennium to be financed with the proceeds of general obligation bonds.
PART XXXII. FINANCE PROVISIONS
JDIG MODIFICATIONS
SECTION 32.11.(a) G.S. 143B‑437.51 is amended by adding new subdivisions to read:
"§ 143B‑437.51. Definitions.
The following definitions apply in this Part:
(1) Agreement. – A community economic development agreement under G.S. 143B‑437.57.
(2) Base period. – The period of time set by the Committee during which new employees are to be hired for the positions on which the grant is based.
(3) Business. – A corporation, sole proprietorship, cooperative association, partnership, S corporation, limited liability company, nonprofit corporation, or other form of business organization, located either within or outside this State.
(4) Committee. – The Economic Investment Committee established pursuant to G.S. 143B‑437.54.
(4a) Development tier. – The classification assigned to an area pursuant to G.S. 143B‑437.08.
(5) Eligible position. – A position created by a business and filled by a new full‑time employee in this State during the base period.
(6) Full‑time employee. – A person who is employed for consideration for at least 35 hours a week, whose wages are subject to withholding under Article 4A of Chapter 105 of the General Statutes, and who is determined by the Committee to be employed in a permanent position according to criteria it develops in consultation with the Attorney General. The term does not include any person who works as an independent contractor or on a consulting basis for the business.
(6a) High‑yield project. – A project for which the agreement requires that a business invest at least seven hundred fifty million dollars ($750,000,000) in private funds and create at least 2,000 eligible positions.
(6b) through (6j) Reserved.
(6k) Major market community. – A county in which the average weekly wage for all insured private employers in the county is one of the three highest in the State.
(7) New employee. – A full‑time employee who represents a net increase in the number of the business's employees statewide.
(8) Overdue tax debt. – Defined in G.S. 105‑243.1.
(9) Related member. – Defined in G.S. 105‑130.7A.
(10) Withholdings. – The amount withheld by a business from the wages of employees in eligible positions under Article 4A of Chapter 105 of the General Statutes."
SECTION 32.11.(b) G.S. 143B‑437.52 reads as rewritten:
"§ 143B‑437.52. Job Development Investment Grant Program.
(a) Program. – There is established the Job Development Investment Grant Program to be administered by the Economic Investment Committee. In order to foster job creation and investment in the economy of this State, the Committee may enter into agreements with businesses to provide grants in accordance with the provisions of this Part. The Committee, in consultation with the Attorney General, shall develop criteria to be used in determining whether the conditions of this section are satisfied and whether the project described in the application is otherwise consistent with the purposes of this Part. Before entering into an agreement, the Committee must find that all the following conditions are met:
(1) The project proposed by the business will create, during the term of the agreement, a net increase in employment in this State by the business.
(2) The project will benefit the people of this State by increasing opportunities for employment and by strengthening this State's economy by, for example, providing worker training opportunities, constructing and enhancing critical infrastructure, increasing development in strategically important industries, or increasing the State and local tax base.
(3) The project is consistent with economic development goals for the State and for the area where it will be located.
(4) A grant under this Part is necessary for the completion of the project in this State.
(5) The total benefits of the project to the State outweigh its costs and render the grant appropriate for the project.
(6) For a project located in a development tier three area, the affected local governments have participated in recruitment and offered incentives in a manner appropriate to the project.
(b) Priority. – In selecting between applicants, a project that is located in an Eco‑Industrial Park certified under G.S. 143B‑437.08 has priority over a comparable project that is not located in a certified Eco‑Industrial Park.
(c) Awards. –Award Limitations. – The
following limitations apply to grants awarded under this Part:
(1) Maximum liability. – The maximum
amount of total annual liability for grants awarded in any single calendar year
under this Part, including amounts transferred to the Utility Account pursuant
to G.S. 143B‑437.61, is fifteen million dollars ($15,000,000). ($15,000,000)
for a year in which no grants are awarded for a high‑yield project and is
thirty million dollars ($30,000,000) for a year in which a grant is awarded for
a high‑yield project. No agreement may be entered into that, when
considered together with other existing agreements governing grants awarded
during a single calendar year, could cause the State's potential total annual
liability for grants awarded in a single calendar year to exceed this the
applicable amount. The Department shall make every effort to ensure that
the average percentage of withholdings of eligible positions for grants awarded
under this Part does not exceed the average of the range provided in G.S. 143B‑437.56(a).
(2) Semiannual commitment limitations. – Of the amount authorized in subdivision (1) of this subsection, no more than fifty percent (50%), excluding roll‑over amounts, may be awarded in any single calendar semiannual period. A roll‑over amount is any amount from a previous semiannual period in the same calendar year that was not awarded as a grant. The limitation of this subdivision does not apply to a grant awarded to a high‑yield project.
(d) Measuring Employment. – For the purposes of subdivision (a)(1) of this section and G.S. 143B‑437.51(5), 143B‑437.51(7), and 143B‑437.57(a)(11), the Committee may designate that the increase or maintenance of employment is measured at the level of a division or another operating unit of a business, rather than at the business level, if both of the following conditions are met:
(1) The Committee makes an explicit finding that the designation is necessary to secure the project in this State.
(2) The agreement contains terms to ensure that the business does not create eligible positions by transferring or shifting to the project existing positions from another project of the business or a related member of the business."
SECTION 32.11.(c) G.S. 143B‑437.53 reads as rewritten:
"§ 143B‑437.53. Eligible projects.
(a) Minimum Number of Standards for Eligible
Positions. – A business may apply to the Committee for a grant for any project
that creates the minimum number of eligible positions satisfying the wage
standard as set out in the table below. If the project will be located in
more than one development tier area, area designation, the
location with the highest development tier area designation determines
the minimum number of eligible positions that must be created.created
and the applicable wage standard. The wage standard is met if the business pays
an average weekly wage for all eligible positions that is equal to or greater
than the percentage provided below of the average wage for all insured private
employers in the county. Before using standards greater than the applicable
minimum standards established by this subsection for a project located in a
development tier one or two area, the Committee must find that the deviation
from the minimum standards disproportionately increases the beneficial economic
impact of the project and shall include the information for each project on which
the finding is based in the report required by G.S. 143B‑437.55(c).
Development Tier Area
Designation Number of Eligible Positions Wage Standard
Development Tier One 1020 100%
Development Tier Two 2050 105%
Development Tier Three 20100 110%
Major Market Community 250 120%
…."
SECTION 32.11.(d) G.S. 143B‑437.55(c) reads as rewritten:
"(c) Annual Reports. – The Committee shall publish a report on the Job Development Investment Grant Program on or before April 30 of each year. The Committee shall submit the report electronically to the House of Representatives Finance Committee, the Senate Finance Committee, the House of Representatives Appropriations Subcommittee on Natural and Economic Resources, the Senate Appropriations Committee on Natural and Economic Resources, and the Fiscal Research Division. The report shall include the following:
…
(11) A listing of all businesses making an application under this Part and an explanation of whether each business ultimately located the project in this State regardless of whether the business was awarded a grant for the project under this Part.
(11a) A listing, itemized by development tier, of the number of offers that have been calculated, estimated, or extended but were not accepted and the total award value of the offers.
…."
SECTION 32.11.(e) G.S. 143B‑437.56 reads as rewritten:
"§ 143B‑437.56. Calculation of minimum and maximum grants; factors considered.
(a) Subject to the limitations provisions of
subsection subsections (a1) and (d) of this section, the amount
of the grant awarded in each case shall be a percentage of the withholdings of
eligible positions. The percentage shall be no less than ten percent (10%)
and no more than seventy‑five percent (75%) of the withholdings of the
eligible positions for a period of years. The percentage shall be no
more than eighty percent (80%) for a development tier one area, no more than seventy
percent (70%) for a development tier two area, no more than sixty percent (60%)
for a development tier three area, and no more than fifty percent (50%) for a major
market community. If the project will be located in more than one area
designation, the location with the highest area designation determines the
maximum percentage to be used. The percentage used to determine the amount
of the grant shall be based on criteria developed by the Committee, in
consultation with the Attorney General, after considering at least the
following:
(1) The number of eligible positions to be created.
(2) The expected duration of those positions.
(3) The type of contribution the business can make to the long‑term growth of the State's economy.
(4) The amount of other financial assistance the project will receive from the State or local governments.
(5) The total dollar investment the business is making in the project.
(6) Whether the project utilizes existing infrastructure and resources in the community.
(7) Whether the project is located in a development zone.
(8) The number of eligible positions that would be filled by residents of a development zone.
(9) The extent to which the project will mitigate unemployment in the State and locality.
(a1) Notwithstanding the percentage specified by subsection (a) of this section, if the project is a high‑yield project, the business has met the investment and job creation requirements, and, for three consecutive years, the business has met all terms of the agreement, the amount of the grant awarded shall be no more than one hundred percent (100%) of the withholdings of eligible positions for each consecutive year the business maintains the minimum job creation requirement and meets all terms of the agreement. A business receiving an enhanced percentage of the withholdings of eligible positions under this subsection that fails to maintain the minimum job creation requirement or meet all terms of the agreement will be disqualified from receiving the enhanced percentage and will have the applicable percentage set forth in subsection (a) of this section applied in the year in which the failure occurs and all remaining years of the grant term.
(b) The term of the grant shall not exceed 12 years
starting with the first year a grant payment is made. the duration
listed in this subsection. The first grant payment must be made within six
years after the date on which the grant was awarded. The number of years in the
base period for which grant payments may be made shall not exceed five years.
(1) For high‑yield projects in which the business receives the enhanced percentage pursuant to subsection (a1) of this section, 20 years starting with the first year a grant payment is made. If a business is disqualified from the enhanced percentage in one of the first 12 years, the term of the grant shall not exceed 12 years starting with the first year a grant payment is made. If a business is disqualified from receiving the enhanced percentage after the first 12 years, the term of the grant ends in the year the disqualification occurs.
(2) For all other projects, 12 years starting with the first year a grant payment is made.
(c) The grant may be based only on eligible positions created during the base period.
(d) For any eligible position that is located in a
major market community, eighty‑five percent (85%) of the annual grant
approved for disbursement shall be payable to the business, and fifteen percent
(15%) shall be payable to the Utility Account pursuant to G.S. 143B‑437.61.
For any eligible position that is located in a development tier three area,
seventy‑five percent (75%) ninety percent (90%) of the
annual grant approved for disbursement shall be payable to the business, and twenty‑five
percent (25%) ten percent (10%) shall be payable to the Utility
Account pursuant to G.S. 143B‑437.61. For any eligible position that
is located in a development tier two area, eighty‑five percent (85%) ninety‑five
percent (95%) of the annual grant approved for disbursement shall be
payable to the business, and fifteen percent (15%) five percent (5%) shall
be payable to the Utility Account pursuant to G.S. 143B‑437.61. A
position is located in the development tier area that has been assigned to the
county in which the project is located at the time the application is filed
with the Committee. This subsection does not apply to a high‑yield
project in years in which the business receives the enhanced percentage
pursuant to subsection (a1) of this section.
(e) A business that is receiving any other grant by operation of State law may not receive an amount as a grant pursuant to this Part that, when combined with any other grants, exceeds seventy‑five percent (75%) of the withholdings of the business, unless the Committee makes an explicit finding that the additional grant is necessary to secure the project.
(f) The amount of a grant associated with any specific eligible position, including any amount transferred to the Utility Account pursuant to G.S. 143B‑437.61, may not exceed six thousand five hundred dollars ($6,500) in any year."
SECTION 32.11.(f) G.S. 143B‑437.57(a) reads as rewritten:
"(a) Terms. – Each community economic development agreement shall include at least the following:
…
(10) A provision that requires the business to maintain
operations at the project location or another location approved by the
Committee for at least one hundred fifty percent (150%) of the term of the
grant and a provision to permit require the Committee to
recapture all or part an appropriate portion of the grant at
its discretion if the business does not remain at the site for the required
term.
(11) A provision that requires the business to maintain
employment levels in this State at the greater of the level of the
year immediately preceding the base period.employment on the date of the
application or the level of employment on the date of the award.
…."
SECTION 32.11.(g) G.S. 143B‑437.62 reads as rewritten:
"§ 143B‑437.62. Expiration.
The authority of the Committee to award new grants expires
January 1, 2016.2018."
SECTION 32.11.(h) Section 15.19(a1) of S.L. 2013‑360 reads as rewritten:
"SECTION 15.19.(a1) Notwithstanding G.S. 143B‑437.52(c),
for the 2013‑2015 fiscal biennium, period from July 1, 2013, to
December 31, 2015, the maximum total liability for grants awarded,
including amounts transferred to the Utility Account pursuant to G.S. 143B‑437.61,
is twenty‑two million five hundred thousand dollars ($22,500,000) and,
for the period from July 1, 2015, to December 31, 2015, the maximum total
liability for grants awarded, including amounts transferred to the Utility
Account pursuant to G.S. 143B‑437.61, is seven million five hundred
thousand dollars ($7,500,000). thirty‑five million dollars ($35,000,000)
if no grant is awarded for a high‑yield project and is fifty million
dollars ($50,000,000) if a grant is awarded for a high‑yield project. No
agreement may be entered into that, when considered together with other
existing agreements governing grants awarded during an applicable time period
provided in this subsection, could cause the State's potential total annual
liability for grants awarded in that time period to exceed the designated
maximum amount."
SECTION 32.11.(i) Subsections (d) and (h) of this section are effective when this act becomes law. The remainder of this section becomes effective July 1, 2015, and applies to awards made under Part 2G of Article 10 of Chapter 143B of the General Statutes on or after that date.
ONE NC MODIFICATIONS
SECTION 32.12.(a) G.S. 143B‑437.72(c) reads as rewritten:
"(c) Local Government Grant Agreement. – An agreement between the State and one or more local governments shall contain the following provisions:
(1) A commitment on the part of the local government to
match the funds allocated by the State. State, as provided in this
subdivision. A local match may include cash, fee waivers, in‑kind
services, the donation of assets, the provision of infrastructure, or a combination
of these.
a. For a local government in a development tier one area, as defined in G.S. 143B‑437.08, the State shall provide no more than three dollars ($3.00) for every one dollar ($1.00) provided by the local government.
b. For a local government in a development tier two area, as defined in G.S. 143B‑437.08, the State shall provide no more than two dollars ($2.00) for every one dollar ($1.00) provided by the local government.
c. For a local government in a development tier three area, as defined in G.S. 143B‑437.08, the State shall provide no more than one dollar ($1.00) for every one dollar ($1.00) provided by the local government.
d. For a local government in a major market community, as defined in G.S. 143B‑437.51, the State shall provide no more than one dollar ($1.00) for every two dollars ($2.00) provided by the major market community.
…."
SECTION 32.12.(b) This section is effective when this act becomes law.
CORPORATE INCOME TAX RATE REDUCTION AND TAX BASE EXPANSION
SECTION 32.13.(a) Effective for taxable years beginning on or after January 1, 2016, G.S. 105‑130.3 reads as rewritten:
"§ 105‑130.3. Corporations.
A tax is imposed on the State net income of every C
Corporation doing business in this State at the rate of five percent (5%). four
percent (4%). An S Corporation is not subject to the tax levied in this
section."
SECTION 32.13.(b) Effective for taxable years beginning on or after January 1, 2017, G.S. 105‑130.3, as rewritten by subsection (a) of this section, reads as rewritten:
"§ 105‑130.3. Corporations.
A tax is imposed on the State net income of every C
Corporation doing business in this State at the rate of four percent (4%). three
percent (3%). An S Corporation is not subject to the tax levied in this
section."
SECTION 32.13.(c) G.S. 105‑130.3C is repealed.
SECTION 32.13.(d) G.S. 105‑130.5 reads as rewritten:
"§ 105‑130.5. Adjustments to federal taxable income in determining State net income.
…
(b) The following deductions from federal taxable income shall be made in determining State net income:
…
(6) Amortization in excess of depreciation
allowed under the Code on the cost of any sewage or waste treatment plant, and
facilities or equipment used for purposes of recycling or resource recovery of
or from solid waste, or for purposes of reducing the volume of hazardous waste
generated as provided in G.S. 105‑130.10.
(7) Depreciation of emergency facilities
acquired prior to January 1, 1955. Any corporation shall be permitted to
depreciate any emergency facility, as such is defined in section 168 of the
Code, over its useful life, provided such facility was acquired prior to
January 1, 1955, and no amortization has been claimed on such facility for
State income tax purposes.
…
(11) If a deduction for an ordinary and necessary business
expense was required to be reduced or was not allowed under the Code because
the corporation claimed a federal tax credit against its federal income tax
liability for the income year in lieu of a deduction, the amount by which the
deduction was reduced and the amount of the deduction that was disallowed. This
deduction is allowed only to the extent that a similar credit is not allowed by
this Chapter for the amount.
(12) Reasonable expenses, in excess of
deductions allowed under the Code, paid for reforestation and cultivation of
commercially grown trees; provided, that this deduction shall be allowed only
to those corporations in which the real owners of all the shares of such
corporation are natural persons actively engaged in the commercial growing of
trees, or the spouse, siblings, or parents of such persons. Provided, further,
that in no case shall a corporation be allowed a deduction for the same
reforestation or cultivation expenditure more than once.
(13) The eligible income of an international banking
facility to the extent included in determining federal taxable income,
determined as follows:
a. "International banking facility"
shall have the same meaning as is set forth in the laws of the United States or
regulations of the board of governors of the federal reserve system.
b. The eligible income of an international
banking facility for the taxable year shall be an amount obtained by
multiplying State taxable income as determined under G.S. 105‑130.3
(determined without regard to eligible income of an international banking
facility and allocation and apportionment, if applicable) for such year by a
fraction, the denominator of which shall be the gross receipts for such year
derived by the bank from all sources, and the numerator of which shall be the
adjusted gross receipts for such year derived by the international banking
facility from:
1. Making, arranging for, placing or
servicing loans to foreign persons substantially all the proceeds of which are
for use outside the United States;
2. Making or placing deposits with foreign
persons which are banks or foreign branches of banks (including foreign
subsidiaries or foreign branches of the taxpayer) or with other international
banking facilities; or
3. Entering into foreign exchange trading or
hedging transactions related to any of the transactions described in this
paragraph.
c. The adjusted gross receipts shall be
determined by multiplying the gross receipts of the international banking
facility by a fraction the numerator of which is the average amount for the
taxable year of all assets of the international banking facility which are
employed outside the United States and the denominator of which is the average
amount for the taxable year of all assets of the international banking
facility.
d. For the purposes of this subsection the
term "foreign person" means:
1. An individual who is not a resident of
the United States;
2. A foreign corporation, a foreign
partnership or a foreign trust, as defined in section 7701 of the Code, other
than a domestic branch thereof;
3. A foreign branch of a domestic
corporation (including the taxpayer);
4. A foreign government or an international
organization or an agency of either, or
5. An international banking facility.
For purposes of this paragraph,
the terms "foreign" and "domestic" shall have the same
meaning as set forth in section 7701 of the Code.
…
(15) The amount paid during the income year,
pursuant to 7 U.S.C. § 1445‑2, as marketing assessments on tobacco grown
by the corporation in North Carolina.
…
(18) Interest, investment earnings, and gains
of a trust, the settlors of which are two or more manufacturers that signed a
settlement agreement with this State to settle existing and potential claims of
the State against the manufacturers for damages attributable to a product of
the manufacturers, if the trust meets all of the following conditions:
a. The purpose of the trust is to address
adverse economic consequences resulting from a decline in demand of the
manufactured product potentially expected to occur because of market
restrictions and other provisions in the settlement agreement.
b. A court of this State approves and
retains jurisdiction over the trust.
c. Certain portions of the distributions
from the trust are made in accordance with certifications that meet the
criteria in the agreement creating the trust and are provided by a nonprofit
entity, the governing board of which includes State officials.
(19) To the extent included in federal taxable
income, the amount paid to the taxpayer during the taxable year from the
Hurricane Floyd Reserve Fund in the Office of State Budget and Management for
hurricane relief or assistance, but not including payments for goods or
services provided by the taxpayer.
…
(22) To the extent included in federal taxable
income, the amount paid to the taxpayer during the taxable year from the
Disaster Relief Reserve Fund in the Office of State Budget and Management for
hurricane relief or assistance, but not including payments for goods or
services provided by the taxpayer.
…
(c) The following other adjustments to federal taxable income shall be made in determining State net income:
…
(4) The taxpayer shall add to federal taxable
income the amount of any recovery during the taxable year not included in
federal taxable income, to the extent the taxpayer's deduction of the recovered
amount in a prior taxable year reduced the taxpayer's tax imposed by this Part
but, due to differences between the Code and this Part, did not reduce the
amount of the taxpayer's tax imposed by the Code. The taxpayer may deduct from
federal taxable income the amount of any recovery during the taxable year
included in federal taxable income under section 111 of the Code, to the extent
the taxpayer's deduction of the recovered amount in a prior taxable year
reduced the taxpayer's tax imposed by the Code but, due to differences between
the Code and this Part, did not reduce the amount of the taxpayer's tax imposed
by this Part.
(5) A savings and loan association may deduct
interest earned on deposits at the Federal Home Loan Bank of Atlanta, or its
successor, to the extent included in federal taxable income.
…."
SECTION 32.13.(e) G.S. 105‑130.6A(e), (f), (g), and (h) are repealed.
SECTION 32.13.(f) G.S. 105‑130.5(a) is amended by adding a new subdivision to read:
"(a) The following additions to federal taxable income shall be made in determining State net income:
…
(25) The amount of net interest expense to a related member as determined under G.S. 105‑130.7B."
SECTION 32.13.(g) G.S. 105‑130.5(b) is amended by adding a new subdivision to read:
"(b) The following deductions from federal taxable income shall be made in determining State net income:
…
(28) The amount of qualified interest expense to a related member as determined under G.S. 105‑130.7B."
SECTION 32.13.(h) Part 1 of Article 4 of Chapter 105 of the General Statutes is amended by adding a new section to read:
"§ 105‑130.7B. Limitation on qualified interest for certain indebtedness.
(a) Limitation. – In determining State net income, a deduction is allowed only for qualified interest paid or accrued by the taxpayer to a related member during a taxable year. This section does not limit the Secretary's authority to adjust a taxpayer's net income as it relates to payments to or charges by a parent, subsidiary, or affiliated corporation in excess of fair compensation in an intercompany transaction under G.S. 105‑130.5(a)(9).
(b) Definitions. – The definitions in G.S. 105‑130.7A apply in this section. In addition, the following definitions apply in this section:
(1) Adjusted taxable income. – State net income of the taxpayer determined without regard to this section and other adjustments as the Secretary may by rule provide.
(2) Net interest expense. – The excess of the interest paid or accrued by the taxpayer to a related member during the taxable year over the amount of interest from a related member includible in the gross income of the taxpayer for the taxable year.
(3) Qualified interest. – The amount of net interest paid or accrued to a related member in a taxable year not to exceed thirty percent (30%) of the taxpayer's adjusted taxable income. This limitation does not apply to interest paid or accrued to a related member if one or more of the following applies:
a. Tax is imposed by the State under this Article on the related member with respect to the interest.
b. The related member pays a net income tax or gross receipts tax to another state with respect to the interest income.
c. The related member is organized under the laws of a foreign country that has a comprehensive income tax treaty with the United States, and that country taxes the interest income at a rate equal to or greater than G.S. 105‑130.3."
SECTION 32.13.(i) G.S. 105‑130.7A(a) reads as rewritten:
"(a) Purpose. – Royalty payments received for the use of intangible property in this State are income derived from doing business in this State. This section provides taxpayers with an option concerning the method by which these royalties can be reported for taxation when the recipient and the payer are related members. As provided in this section, these royalty payments can be either (i) deducted by the payer and included in the income of the recipient, or (ii) added back to the income of the payer and excluded from the income of the recipient. Exercising the royalty reporting income option provided in this section does not prevent a taxpayer from having taxable nexus in this State as otherwise provided in this Article and does not permit the recipient of the income to exclude royalty payments from its calculation of sales as defined in G.S. 105‑130.4."
SECTION 32.13.(j) G.S. 105‑102.3 is repealed.
SECTION 32.13.(k) Except as otherwise provided, subsections (a) through (c) of this section are effective when this act becomes law. Subsections (d) through (h) of this section are effective for taxable years beginning on or after January 1, 2016. Subsection (j) of this section becomes effective July 1, 2016. The remainder of this section is effective when it becomes law.
PHASE‑IN SINGLE SALES FACTOR APPORTIONMENT AND ADOPT MARKET‑BASED SOURCING
SECTION 32.14.(a) Effective for taxable years beginning on or after January 1, 2016, G.S. 105‑130.4(i) reads as rewritten:
"(i) All Apportionable Income. – Except
as otherwise provided in this section, all apportionable income of
corporations other than public utilities, excluded corporations, and
qualified capital intensive corporations shall be apportioned to this State
by multiplying the income by a fraction, the numerator of which is the property
factor plus the payroll factor plus twice three times the sales
factor, and the denominator of which is four. five. If the sales
factor does not exist, the denominator of the fraction is the number of
existing factors and if the sales factor exists but the payroll factor or the
property factor does not exist, the denominator of the fraction is the number
of existing factors plus one.two."
SECTION 32.14.(b) Effective for taxable years beginning on or after January 1, 2017, G.S. 105‑130.4(i), as amended by subsection (a) of this section, reads as rewritten:
"(i) Apportionable Income. – Except as otherwise
provided in this section, all apportionable income of corporations shall be
apportioned to this State by multiplying the income by a fraction, the
numerator of which is the property factor plus the payroll factor plus three
four times the sales factor, and the denominator of which is five.
six. If the sales factor does not exist, the denominator of the
fraction is the number of existing factors and if the sales factor exists but
the payroll factor or the property factor does not exist, the denominator of
the fraction is the number of existing factors plus two.three."
SECTION 32.14.(c) Effective for taxable years beginning on or after January 1, 2018, G.S. 105‑130.4(i), as amended by subsection (b) of this section, reads as rewritten:
"(i) Apportionable Income. – Except as otherwise
provided in this section, all apportionable income of corporations shall be
apportioned to this State by multiplying the income by a fraction, the
numerator of which is the property factor plus the payroll factor plus four
times the sales factor, and the denominator of which is six. If the sales
factor does not exist, the denominator of the fraction is the number of
existing factors and if the sales factor exists but the payroll factor or the
property factor does not exist, the denominator of the fraction is the number
of existing factors plus three.the sales factor as determined under
subsection (l) of this section."
SECTION 32.14.(d) Effective for taxable years beginning on or after January 1, 2018, G.S. 105‑130.4(a)(6), (a)(9), (j), (k), (s1), and (r) are repealed.
SECTION 32.14.(e) Effective for taxable years beginning on or after January 1, 2016, G.S. 106‑130.4, as amended by subsection (a) of this section, reads as rewritten:
"§ 105‑130.4. Allocation and apportionment of income for corporations.
(a) As used in this section, unless the context
otherwise requires:Definitions. – The following definitions apply in
this section:
(1) "Apportionable income" means all Apportionable
income. – All income that is apportionable under the United States Constitution.Constitution,
including income that arises from one or more of the following:
a. Transactions and activities in the regular course of the taxpayer's trade or business.
b. Tangible and intangible property if the acquisition, management, employment, development, or disposition of the property is or was related to the operation of the taxpayer's trade or business.
(2) Business activity. – Any activity by a corporation that would establish nexus pursuant to 15 U.S.C. § 381.
(3) Casual sale of property. – The sale of any property that was not purchased, produced, or acquired primarily for sale in the corporation's regular trade or business.
(4) "Commercial domicile" means the
Commercial domicile. – The principal place from which the trade or
business of the taxpayer is directed or managed.
(3)(5) "Compensation" means
wages, Compensation. – Wages, salaries, commissions and any other
form of remuneration paid to employees for personal services.
(4)(6) "Excluded corporation"
means any Excluded corporation. – Any corporation engaged in
business as a building or construction contractor, a securities dealer, or a
loan company or a corporation that receives more than fifty percent (50%) of
its ordinary gross income from intangible property.
(7) Net dividends. – Gross dividend income received less related expenses.
(5)(8) "Nonapportionable income"
means all Nonapportionable income. – All income other than apportionable
income.
(6)(9) "Public utility" means any
corporation Public utility. – A corporation that owns or operates for
public use any plant, equipment, property, franchise, or license for the
production, storage, transmission, sale, delivery, or furnishing of
electricity, water, steam, oil, oil products, or natural gas and that is
subject to control of one or more of the following entities: the North
Carolina Utilities Commission, the Federal Communications Commission, the
Interstate Commerce Commission, the Federal Energy Regulatory Commission, or
the Federal Aviation Agency; and that owns or operates for public use any
plant, equipment, property, franchise, or license for the transmission of
communications, the transportation of goods or persons, or the production,
storage, transmission, sale, delivery or furnishing of electricity, water,
steam, oil, oil products, or gas. The term also includes a motor carrier of
property whose principal business activity is transporting property by motor
vehicle for hire over the public highways of this State.Commission.
(7)(10) "Sales" means all Sales.
– All gross receipts of the corporation except for the following receipts:
a. Receipts from a casual sale of property.
b. Receipts allocated under subsections (c) through (h) of this section.
c. Receipts exempt from taxation.
d. The portion of receipts realized from the sale or maturity of securities or other obligations that represents a return of principal.
e. The portion of receipts from financial swaps and other similar financial derivatives that represents the notional principal amount that generates the cash flow traded in the swap agreement.
f. Receipts in the nature of dividends received that are not taxed under this Part.
(8) "Casual sale of property" means
the sale of any property which was not purchased, produced or acquired
primarily for sale in the corporation's regular trade or business.
(9)(11) "State" means any State.
– A state of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, any territory or possession of the United States, and any
foreign country or political subdivision thereof.
(b) Multistate Corporations. – A corporation
having income from business activity which is taxable both within and without
this State shall allocate and apportion its net income or net loss as provided
in this section. For purposes of allocation and apportionment, a corporation is
taxable in another state if (i) the one or more of the following
applies:
(1) The corporation's business activity
in that state subjects it to a net income tax or a tax measured by net income,
or (ii) that income.
(2) That state has jurisdiction based on
the corporation's business activity in that state to subject the corporation to
a tax measured by net income regardless whether that state exercises its
jurisdiction. For purposes of this section, "business activity"
includes any activity by a corporation that would establish a taxable nexus
pursuant to 15 United States Code section 381.
(c) Nonapportionable Income. – Rents and royalties from real or tangible personal property, gains and losses, interest, dividends, patent and copyright royalties and other kinds of income, to the extent that they constitute nonapportionable income, less related expenses shall be allocated as provided in subsections (d) through (h) of this section.
(d) Rents and Royalties. – Net rents and royalties are allocable to this State as follows:
(1) Net rents and royalties from real property located in this State are allocable to this State.
(2) Net rents and royalties from tangible personal property are allocable to this State:
a. If and to the extent that the property is utilized in this State, or
b. In their entirety if the corporation's commercial domicile is in this State and the corporation is not organized under the laws of, or is not taxable in, the state in which the property is utilized.
(3) The extent of utilization of tangible personal property in a state is determined by multiplying the rents and royalties by a fraction, the numerator of which is the number of days of physical location of the property in the state during the rental or royalty period in the income year and the denominator of which is the number of days of physical location of the property everywhere during all rental or royalty periods in the income year. If the physical location of the property during the rental or royalty period is unknown or unascertainable by the corporation, tangible personal property is utilized in the state in which the property was located at the time the rental or royalty payer obtained possession.
(e) Gains and Losses. – Gains and losses are allocable to this State as follows:
(1) Gains and losses from sales or other disposition of real property located in this State are allocable to this State.
(2) Gains and losses from sales or other disposition of tangible personal property are allocable to this State if
a. The property had a situs in this State at the time of the sale, or
b. The corporation's commercial domicile is in this State and the corporation is not taxable in the state in which the property has a situs.
(3) Gains and losses from sales or other disposition of intangible personal property are allocable to this State if the corporation's commercial domicile is in this State.
(f) Interest and Net Dividends. – Interest and
net dividends are allocable to this State if the corporation's commercial
domicile is in this State. For purposes of this section, the term "net
dividends" means gross dividend income received less related expenses.
(g) Intangible Property. – Intangible property is allocable to this State as follows:
(1) Royalties or similar income received from the use of patents, copyrights, secret processes and other similar intangible property are allocable to this State:
a. If and to the extent that the patent, copyright, secret process or other similar intangible property is utilized in this State, or
b. If and to the extent that the patent, copyright, secret process or other similar intangible property is utilized in a state in which the taxpayer is not taxable and the taxpayer's commercial domicile is in this State.
(2) A patent, secret process or other similar intangible property is utilized in a state to the extent that it is employed in production, fabrication, manufacturing, processing, or other use in the state or to the extent that a patented product is produced in the state. If the basis of receipts from such intangible property does not permit allocation to states or if the accounting procedures do not reflect states of utilization, the intangible property is utilized in the state in which the taxpayer's commercial domicile is located.
(3) A copyright is utilized in a state to the extent that printing or other publication originates in the state. If the basis of receipts from copyright royalties does not permit allocation to states or if the accounting procedures do not reflect states of utilization, the copyright is utilized in the state in which the taxpayer's commercial domicile is located.
(h) Other Income. – The income less related expenses from any other activities producing nonapportionable income or investments not otherwise specified in this section is allocable to this State if the business situs of the activities or investments is located in this State.
(i) Apportionable Income. – Except as otherwise provided in this section, all apportionable income of corporations shall be apportioned to this State by multiplying the income by a fraction, the numerator of which is the property factor plus the payroll factor plus three times the sales factor, and the denominator of which is five. If the sales factor does not exist, the denominator of the fraction is the number of existing factors and if the sales factor exists but the payroll factor or the property factor does not exist, the denominator of the fraction is the number of existing factors plus two.
…
(l) (1) Sales Factor. – The sales
factor is a fraction, the numerator of which is the total sales of the
corporation in this State during the income year, and the denominator of which is
the total sales of the corporation everywhere during the income year. Notwithstanding
any other provision under this Part, the receipts from any casual sale of
property shall be excluded from both the numerator and the denominator of the
sales factor. Where a corporation is not taxable in another state on its
apportionable income but is taxable in another state only because of
nonapportionable income, all sales shall be treated as having been made in this
State.Receipts are in this State if the taxpayer's market for the sales
is in this State. If the market for a sale cannot be determined, the state or
states of assignment shall be reasonably approximated. If the taxpayer is not
taxable in a state to which a receipt is assigned, or if the state of assignment
cannot be determined or reasonably approximated, then the receipt shall be excluded
from the denominator of the receipts factor.
The taxpayer's market for sales is in this State as provided below:
(1) In the case of sale, rental, lease, or license of real property, if and to the extent the property is located in this State.
(2) In the case of rental, lease, or license of tangible personal property, if and to the extent the property is located in this State.
(3) In the case of sale of a service, if and to the extent the service is delivered to a location in this State.
(4) In the case of intangible property that is rented, leased, or licensed, if and to the extent the property is used in this State. Intangible property utilized in marketing a good or service to a consumer is "used in this State" if that good or service is purchased by a consumer who is in this State.
(5) In the case of intangible property that is sold, if and to the extent the property is used in this State. A contract right, government license, or similar intangible property that authorizes the holder to conduct a business activity in a specific geographic area is "used in this State" if the geographic area includes all or part of this State.
Receipts from intangible property sales that are contingent on the productivity, use, or disposition of the intangible property shall be treated as receipts from the rental, lease, or licensing of the intangible property as provided under subdivision (4) of this subsection. All other receipts from a sale of intangible property shall be excluded from the numerator and denominator of the sales factor.
(2) Sales of tangible personal property are
in this State if the property is received in this State by the purchaser. In
the case of delivery of goods by common carrier or by other means of
transportation, including transportation by the purchaser, the place at which
the goods are ultimately received after all transportation has been completed
shall be considered as the place at which the goods are received by the
purchaser. Direct delivery into this State by the taxpayer to a person or firm
designated by a purchaser from within or without the State shall constitute
delivery to the purchaser in this State.
(3) Other sales are in this State if:
a. The receipts are from real or tangible
personal property located in this State; or
b. The receipts are from intangible property
and are received from sources within this State; or
c. The receipts are from services and the
income‑producing activities are in this State.
(m) Railroad Company. – All apportionable income of a railroad company shall be apportioned to this State by multiplying the income by a fraction, the numerator of which is the "railway operating revenue" from business done within this State and the denominator of which is the "total railway operating revenue" from all business done by the company as shown by its records kept in accordance with the standard classification of accounts prescribed by the Interstate Commerce Commission.
"Railway operating revenue" from business done
within this State shall mean "railway operating revenue" from
business wholly within this State, plus the equal mileage proportion within
this State of each item of "railway operating revenue" received from
the interstate business of the company. "Equal mileage proportion"
shall mean the proportion which the distance of movement of property and
passengers over lines in this State bears to the total distance of movement of
property and passengers over lines of the company receiving such revenue. "Interstate
business" shall mean "railway operating revenue" from the
interstate transportation of persons or property into, out of, or through this
State. If
If the Secretary of Revenue finds, with respect to any particular company, that its accounting records are not kept so as to reflect with exact accuracy such division of revenue by State lines as to each transaction involving interstate revenue, the Secretary of Revenue may adopt such regulations, based upon averages, as will approximate with reasonable accuracy the proportion of interstate revenue actually earned upon lines in this State. Provided, that where a railroad is being operated by a partnership which is treated as a corporation for income tax purposes and pays a net income tax to this State, or if located in another state would be so treated and so pay as if located in this State, each partner's share of the net profits shall be considered as dividends paid by a corporation for purposes of this Part and shall be so treated for inclusion in gross income, deductibility, and separate allocation of dividend income.
(n) All apportionable income of a telephone
company shall be apportioned to this State by multiplying the income by a
fraction, the numerator of which is gross operating revenue from local service
in this State plus gross operating revenue from toll services performed wholly
within this State plus the proportion of revenue from interstate toll services
attributable to this State as shown by the records of the company plus the
gross operating revenue in North Carolina from other service less the
uncollectible revenue in this State, and the denominator of which is the total
gross operating revenue from all business done by the company everywhere less
total uncollectible revenue. Provided, that where a telephone company is
required to keep its records in accordance with the standard classification of
accounts prescribed by the Federal Communications Commission the amounts in
such accounts shall be used in computing the apportionment fraction as provided
in this subsection.
(o) Motor Carrier. – All apportionable income
of a motor carrier of property or a motor carrier of people shall be
apportioned by multiplying the income by a fraction, the numerator of which is
the number of vehicle miles in this State and the denominator of which is the
total number of vehicle miles of the company everywhere. The words "vehicle
miles" shall mean miles traveled by vehicles owned or operated by the
company miles traveled by vehicles owned or operated by the company
based upon one of the following:
(1) Miles on a scheduled route.
(2) Miles hauling property for a charge
charge.
(3) or traveling on a scheduled route.Miles
carrying passengers for a fare.
(p) All apportionable income of a motor
carrier of passengers shall be apportioned by multiplying the income by a
fraction, the numerator of which is the number of vehicle miles in this State
and the denominator of which is the total number of vehicle miles of the
company everywhere. The words "vehicle miles" shall mean miles
traveled by vehicles owned or operated by the company carrying passengers for a
fare or traveling on a scheduled route.
(q) All apportionable income of a telegraph
company shall be apportioned by multiplying the income by a fraction, the
numerator of which is the property factor plus the payroll factor plus the
sales factor and the denominator of which is three.
The property factor shall be as defined in subsection (j)
of this section, the payroll factor shall be as defined in subsection (k) of
this section, and the sales factor shall be as defined in subsection (l) of
this section.
(r) Single Sales Factor. – All apportionable
income of an excluded corporation and of all other public utilities
shall be apportioned by multiplying the income by the sales factor as
determined under subsection (l) of this section.
(s) Transportation Corporation. – All apportionable income of an air transportation corporation or a water transportation corporation shall be apportioned by a fraction, the numerator of which is the corporation's revenue ton miles in this State and the denominator of which is the corporation's revenue ton miles everywhere. The term "revenue ton mile" means one ton of passengers, freight, mail, or other cargo carried one mile. In making this computation, a passenger is considered to weigh two hundred pounds.
…
(s2) Broadcaster. – All apportionable income of a broadcaster shall be apportioned as provided in this subsection. The apportionment factor is a fraction, the numerator of which is the sum of the broadcaster's gross receipts from sources within the State and the denominator of which is the sum of the broadcaster's gross receipts from transactions and activity in the regular course of its trade or business everywhere. Advertising gross receipts and license fees for audio or video programming in release shall be attributable to this State in accordance with the audience factor in this State. Gross receipts from subscriber fees, rents, sales ,or similar charges from audio or video programming in release shall be attributable to this State based on the amount of subscriber or other fees paid by customers in this State. A sale of audio or video programming on tangible media is sourced to this State as sales of tangible personal property.
The following definitions apply in this subsection:
(1) Audience factor. – The factor determined by the ratio provided in this subdivision. The factor shall be determined either by reference to the books and records of the taxpayer or by reference to published rating statistics, provided the method used by the taxpayer is consistently used from year to year for this purpose and fairly represents the taxpayer's activity in this State. The ratio is as follows:
a. Television station. – The ratio that the viewing audience located in this State for a television station bears to the total viewing audience for a television station.
b. Radio station. – The ratio that the listening audience in this State for a radio station bears to the total listening audience for a radio station.
c. Cable or satellite program and channel broadcasts. – The ratio that the subscribers for a cable or satellite system located in this State bears to the total subscribers of a cable or satellite system. If the number of subscribers cannot be accurately determined from the books and records maintained by the taxpayer, the ratio shall be determined on the basis of the applicable year's subscription statistics located in published surveys, provided the source selected is consistently used from year to year for this purpose.
(2) Broadcast. – The transmission of audio or video programming, directly or indirectly, to viewers and listeners by any other method of communication or combination of methods.
(3) Broadcaster. – A person that provides audio or video programming to customers in this State by digital or analog means in exchange for one or more of the following: advertising receipts, subscriber fees, license, rent, or similar fees. The term includes a television or radio station licensed by the Federal Communications Commission, including network‑owned or affiliated stations, a television or radio broadcast network, a cable program network, a distributor of audio or video programming, a cable system operator, and satellite system operator.
(4) Release or in release. – The placing of film or radio programming into service. A film or radio program is placed into service when it is first broadcast to the primary audience for entertainment, educational, commercial, artistic, or other purpose. Each episode of a television or radio series is placed in service when it is first broadcast. A program is not placed in service merely because it is completed and therefore in a condition or state of readiness and availability for broadcast or merely because it is previewed to prospective sponsors or purchasers.
(5) Rent. – License fees or other payments or consideration provided in exchange for the broadcast or other use of television or radio programming.
(6) Subscriber. – The individual residence or other outlet that is the ultimate recipient of the transmission of the audio or video programming.
…."
SECTION 32.14.(f) Except as otherwise provided, this section is effective when it becomes law.
FRANCHISE TAX RATE REDUCTION AND TAX BASE SIMPLIFICATION
SECTION 32.15.(a) G.S. 105‑114(b) reads as rewritten:
"(b) Definitions. – The following definitions apply in this Article:
…
(5) Total assets. – The sum of all cash, investments, furniture, fixtures, equipment, receivables, intangibles, and any other items of value owned by a person or a business entity."
SECTION 32.15.(b) G.S. 105‑120.2 reads as rewritten:
"§ 105‑120.2. Franchise or privilege tax on holding companies.
(a) Every corporation, domestic and foreign, incorporated or, by an act, domesticated under the laws of this State or doing business in this State that, at the close of its taxable year, is a holding company as defined in subsection (c) of this section, shall, pursuant to the provisions of G.S. 105‑122, do all of the following:
(1) File a return.
(2) Determine the total amount of its issued and
outstanding capital stock, surplus and undivided profits.net worth.
(3) Apportion such outstanding capital stock,
surplus and undivided profits its net worth to this State.
(b) (1) Tax Rate. – Every corporation
taxed under this section shall annually pay to the Secretary of Revenue, at the
time the return is due, the greater of the following:
(1) a A franchise or privilege tax
at the rate of one dollar and fifty cents ($1.50) one dollar ($1.00) per
one thousand dollars ($1,000) of the amount determined under subsection (a) of
this section, but in no case shall the tax be more than seventy‑five
thousand dollars ($75,000) nor less than thirty‑five dollars ($35.00).one
hundred fifty thousand dollars ($150,000) nor less than two hundred dollars
($200.00).
(2) Notwithstanding the provisions of subdivision
(1) of this subsection, if If the tax produced pursuant to
application of calculated under this paragraph (2) subdivision
exceeds the tax produced pursuant to application of calculated
under subdivision (1), (1) of this subsection, then the tax
is levied at the rate of one dollar and fifty cents ($1.50) one
dollar ($1.00) per one thousand dollars ($1,000) on the greater of the
following:
a. Fifty‑five percent (55%) of the appraised value as determined for ad valorem taxation of all the real and tangible personal property in this State of each such corporation plus the total appraised value of intangible property returned for taxation of intangible personal property as computed under G.S. 105‑122(d).
b. The total actual investment in tangible property in this State of such corporation as computed under G.S. 105‑122(d).
…."
SECTION 32.15.(c) G.S. 105‑122 reads as rewritten:
"§ 105‑122. Franchise or privilege tax on domestic and foreign corporations.
(a) Tax Imposed. – An annual franchise or privilege tax is imposed on a corporation doing business in this State. The tax is determined on the basis of the books and records of the corporation as of the close of its income year. A corporation subject to the tax must file a return under affirmation with the Secretary at the place and in the manner prescribed by the Secretary. The return must be signed by the president, vice‑president, treasurer, or chief financial officer of the corporation. The return is due on or before the fifteenth day of the fourth month following the end of the corporation's income year.
(b) Determination of Capital Base. – Net
Worth. – A corporation taxed under this section shall determine the total amount
of its issued and outstanding capital stock, surplus, and undivided profits.
No reservation or allocation from surplus or undivided profits is allowed
except as provided below:net worth. The net worth of a corporation is
its total assets without regard to the deduction for accumulated depreciation,
depletion, or amortization less its total liabilities, computed in accordance
with generally accepted accounting principles as of the end of the corporation's
taxable year. If the corporation does not maintain its books and records in
accordance with generally accepted accounting principles, then its net worth is
computed in accordance with the accounting method used by the entity for
federal tax purposes so long as the method fairly reflects the corporation's
net worth for purposes of the tax levied by this section. A corporation's net
worth is subject to the following adjustments:
(1) Definite and accrued legal liabilities.A
deduction for accumulated depreciation, depletion, and amortization is
determined in accordance with the method used for federal tax purposes.
(1a) Billings in excess of costs that are
considered a deferred liability under the percentage of completion method of
revenue recognition.
(2) Taxes accrued, dividends declared, and reserves
for depreciation of tangible assets and for amortization of intangible assets
as permitted for income tax purposes.An addition for indebtedness the
corporation owes to a parent, a subsidiary, an affiliate, or a noncorporate
entity in which the corporation or an affiliated group of corporations owns
directly or indirectly more than fifty percent (50%) of the capital interests
of the noncorporate entity. The amount added back to the corporation's net
worth may be further adjusted if part of the capital of the creditor is capital
borrowed from a source other than a parent, a subsidiary, or an affiliate. The
debtor corporation may deduct a proportionate part of the indebtedness based on
the ratio of the borrowed capital of the creditor to the total assets of the creditor.
For purposes of this subdivision, borrowed capital does not include
indebtedness incurred by a bank arising out of the receipt of a deposit and
evidenced by a certificate of deposit, a passbook, a cashier's check, a
certified check, or other similar document.
(2a) If the creditor corporation is taxable under this Article, the creditor corporation may deduct the amount of indebtedness owed to it by a parent, subsidiary, or affiliated corporation to the extent that such indebtedness has been added by the debtor corporation.
(3) When including deferred tax liabilities, a
corporation may reduce the amount included in its base by netting against that
amount deferred tax assets. The reduction may not decrease deferred tax
liabilities below zero (0).A corporation may deduct the cost of treasury
stock.
(4) Reserves for the cost of any air‑cleaning
device or sewage or waste treatment plant, including waste lagoons, and
pollution abatement equipment purchased or constructed and installed which
reduces the amount of air or water pollution resulting from the emission of air
contaminants or the discharge of sewage and industrial wastes or other
polluting materials or substances into the outdoor atmosphere or streams,
lakes, or rivers, upon condition that the corporation claiming such deductible
liability shall furnish to the Secretary a certificate from the Department of
Environment and Natural Resources or from a local air pollution control program
for air‑cleaning devices located in an area where the Environmental
Management Commission has certified a local air pollution control program
pursuant to G.S. 143‑215.112 certifying that the Environmental
Management Commission or local air pollution control program has found as a
fact that the air‑cleaning device, waste treatment plant or pollution
abatement equipment purchased or constructed and installed as above described
has actually been constructed and installed and that such plant or equipment
complies with the requirements of the Environmental Management Commission or
local air pollution control program with respect to such devices, plants or
equipment, that such device, plant or equipment is being effectively operated
in accordance with the terms and conditions set forth in the permit,
certificate of approval, or other document of approval issued by the
Environmental Management Commission or local air pollution control program and
that the primary purpose thereof is to reduce air or water pollution resulting
from the emission of air contaminants or the discharge of sewage and waste and
not merely incidental to other purposes and functions.
(5) Reserves for the cost of purchasing and
installing equipment or constructing facilities for the purpose of recycling or
resource recovering of or from solid waste or for the purpose of reducing the
volume of hazardous waste generated shall be treated as deductible for the
purposes of this section upon condition that the corporation claiming such
deductible liability shall furnish to the Secretary a certificate from the
Department of Environment and Natural Resources certifying that the Department
of Environment and Natural Resources has found as a fact that the equipment or
facility has actually been purchased, installed or constructed, that it is in
conformance with all rules and regulations of the Department of Environment and
Natural Resources, and the recycling or resource recovering is the primary
purpose of the facility or equipment.
(6) Reserves for the cost of constructing
facilities of any private or public utility built for the purpose of providing
sewer service to residential and outlying areas shall be treated as deductible
for the purposes of this section; the deductible liability allowed by this
section shall apply only with respect to such pollution abatement plants or
equipment constructed or installed on or after January 1, 1955.
(7) The cost of treasury stock.
(8) In the case of an international banking
facility, the capital base shall be reduced by the excess of the amount as of
the end of the taxable year of all assets of an international banking facility
which are employed outside the United States over liabilities of the
international banking facility owed to foreign persons. For purposes of such
reduction, foreign persons shall have the same meaning as defined in G.S. 105‑130.5(b)(13)d.
Every corporation doing business in this State which is a
parent, subsidiary, or affiliate of another corporation shall add to its
capital stock, surplus, and undivided profits all indebtedness owed to a
parent, subsidiary, or affiliated corporation as a part of its capital used in
its business and as a part of the base for franchise tax under this section. If
any part of the capital of the creditor corporation is capital borrowed from a
source other than a parent, subsidiary, or affiliate, the debtor corporation,
which is required under this subsection to include in its tax base the amount
of debt by reason of being a parent, subsidiary, or affiliate of the creditor
corporation, may deduct from the debt included a proportionate part determined
on the basis of the ratio of the borrowed capital of the creditor corporation
to the total assets of the creditor corporation. If the creditor corporation is
also taxable under the provisions of this section, the creditor corporation is
allowed to deduct from the total of its capital, surplus, and undivided profits
the amount of any debt owed to it by a parent, subsidiary or affiliated
corporation to the extent that the debt has been included in the tax base of
the parent, subsidiary, or affiliated debtor corporation reporting for taxation
under the provisions of this section.
(b1) Definitions. – The following definitions apply in subsection (b) of this section:
(1) Affiliate. – The same meaning as specified in G.S. 105‑130.2.A
corporation is an affiliate of another corporation when both are directly or
indirectly controlled by the same parent corporation or by the same or
associated financial interests by stock ownership, interlocking directors, or
by any other means whatsoever, whether the control is direct or through one or
more subsidiary, affiliated, or controlled corporations.
(2) Affiliated group. – The same meaning as defined in G.S. 105‑114.1.
(3) Capital interest. – The right under an entity's governing law to receive a percentage of the entity's assets upon dissolution after payments to creditors.
(4) Governing law. – The law under which the noncorporate entity is organized.
(2)(5) Indebtedness. – All loans, credits,
goods, supplies, or other capital of whatsoever nature furnished by a parent, a
subsidiary, or affiliated corporation, an affiliate, or a
noncorporate entity in which the corporation or an affiliated group of
corporations owns directly or indirectly more than fifty percent (50%) of the
capital interests of the noncorporate entity, other than indebtedness
endorsed, guaranteed, or otherwise supported by one of these corporations.
(6) Noncorporate entity. – A person that is neither a human being nor a corporation.
(3)(7) Parent. – The same meaning as
specified in G.S. 105‑130.2.A corporation is a parent of
another corporation when, directly or indirectly, it controls the other
corporation by stock ownership, interlocking directors, or by any other means
whatsoever exercised by the same or associated financial interests, whether the
control is direct or through one or more subsidiary, affiliated, or controlled
corporations.
(4)(8) Subsidiary. – The same meaning as
specified in G.S. 105‑130.2.A corporation is a subsidiary of another
corporation when, directly or indirectly, it is subject to control by the other
corporation by stock ownership, interlocking directors, or by any other means
whatsoever exercised by the same or associated financial interest, whether the
control is direct or through one or more subsidiary, affiliated, or controlled
corporations.
(c1) Apportionment. – A corporation that is doing
business in this State and in one or more other states must apportion its capital
stock, surplus, and undivided profits net worth to this State. A
corporation must use the apportionment method set out in subdivision (1) of
this subsection unless the Department has authorized it to use a different
method under subdivision (2) of this subsection. The portion of a corporation's
capital stock, surplus, and undivided profits net worth determined
by applying the appropriate apportionment method is considered the amount of capital
stock, surplus, and undivided profits net worth the corporation uses
in its business in this State.
(1) Statutory. – A corporation that is subject to
income tax under Article 4 of this Chapter must apportion its capital stock,
surplus, and undivided profits net worth by using the fraction it
applies in apportioning its income under that Article. A corporation that is
not subject to income tax under Article 4 of this Chapter must apportion its capital
stock, surplus, and undivided profits net worth by using the
fraction it would be required to apply in apportioning its income if it were
subject to that Article. The apportionment method set out in this subdivision
is considered the statutory method of apportionment and is presumed to be the
best method of determining the amount of a corporation's capital stock,
surplus, and undivided profits net worth attributable to the
corporation's business in this State.
(2) Alternative. – A corporation that believes the
statutory apportionment method set out in subdivision (1) of this subsection
subjects a greater portion of its capital stock, surplus, and undivided
profits net worth to tax under this section than is attributable to
its business in this State may make a written request to the Secretary for
permission to use an alternative method. The request must set out the reasons
for the corporation's belief and propose an alternative method. The corporation
has the burden of establishing by clear, cogent, and convincing proof that the
statutory apportionment method subjects a greater portion of the corporation's capital
stock, surplus, and undivided profits net worth to tax under this
section than is attributable to its business in this State and that the
proposed alternative method is a better method of determining the amount of the
corporation's capital stock, surplus, and undivided profits net worth
attributable to the corporation's business in this State.
The Secretary must issue a written
decision on a corporation's request for an alternative apportionment method. If
the decision grants the request, it must describe the alternative method the
corporation is authorized to use and state the tax years to which the
alternative method applies. A decision may apply to no more than three tax
years. A corporation may renew a request to use an alternative apportionment
method by following the procedure in this subdivision. A decision of the
Secretary on a request for an alternative apportionment method is final and is
not subject to administrative or judicial review. A corporation authorized to
use an alternative method may apportion its capital stock, surplus, and
undivided profits net worth in accordance with the alternative
method or the statutory method.
(3) Repealed by Session Laws 2011‑330, s. 5, effective June 27, 2011.
(d) Tax Base and Tax Rate. – After determining
the proportion of its total capital stock, surplus and undivided profits net
worth as set out in subsection (c1) of this section, which amount shall not
be less than fifty‑five percent (55%) of the appraised value as
determined for ad valorem taxation of all the real and tangible personal
property in this State of each corporation nor less than its total actual
investment in tangible property in this State, every corporation taxed under
this section shall annually pay to the Secretary of Revenue, at the time the
return is due, a franchise or privilege tax at the rate of one dollar and
fifty cents ($1.50) ($1.00) per one thousand dollars ($1,000) of the
total amount of capital stock, surplus and undivided profits net
worth as provided in this section. The tax imposed in this section shall
not be less than thirty‑five dollars ($35.00) two hundred
dollars ($200.00) and is for the privilege of carrying on, doing business,
and/or the continuance of articles of incorporation or domestication of each
corporation in this State. Appraised value of tangible property including real
estate is the ad valorem valuation for the calendar year next preceding the due
date of the franchise tax return. The term "total actual investment in
tangible property" as used in this section means the total original
purchase price or consideration to the reporting taxpayer of its tangible
properties, including real estate, in this State plus additions and
improvements thereto less reserve for depreciation as permitted for income tax purposes,
and also less any indebtedness incurred and existing by virtue of the purchase
of any real estate and any permanent improvements made thereon. In computing "total
actual investment in tangible personal property" a corporation may deduct
reserves for the entire cost of any air‑cleaning device or sewage or
waste treatment plant, including waste lagoons, and pollution abatement
equipment purchased or constructed and installed which reduces the amount of
air or water pollution resulting from the emission of air contaminants or the
discharge of sewage and industrial wastes or other polluting materials or
substances into the outdoor atmosphere or into streams, lakes, or rivers, upon
condition that the corporation claiming this deduction shall furnish to the
Secretary a certificate from the Department of Environment and Natural
Resources or from a local air pollution control program for air‑cleaning
devices located in an area where the Environmental Management Commission has
certified a local air pollution control program pursuant to G.S. 143‑215.112
certifying that said Department or local air pollution control program has
found as a fact that the air‑cleaning device, waste treatment plant or
pollution abatement equipment purchased or constructed and installed as above
described has actually been constructed and installed and that the device,
plant or equipment complies with the requirements of the Environmental
Management Commission or local air pollution control program with respect to
the devices, plants or equipment, that the device, plant or equipment is being
effectively operated in accordance with the terms and conditions set forth in
the permit, certificate of approval, or other document of approval issued by
the Environmental Management Commission or local air pollution control program
and that the primary purpose is to reduce air or water pollution resulting from
the emission of air contaminants or the discharge of sewage and waste and not
merely incidental to other purposes and functions. The cost of constructing
facilities of any private or public utility built for the purpose of providing
sewer service to residential and outlying areas is treated as deductible for
the purposes of this section; the deductible liability allowed by this section
applies only with respect to pollution abatement plants or equipment
constructed or installed on or after January 1, 1955.purposes.
(d1) Credits. – A corporation is allowed a
credit against the tax imposed by this section for a taxable year equal to one‑half
of the amount of tax payable during the taxable year under Article 5E of this
Chapter. The credit allowed by this subsection may not exceed the amount of tax
imposed by this section for the taxable year, reduced by the sum of all other
credits allowed against that tax, except tax payments made by or on behalf of
the taxpayer.
(e) Any corporation which changes its income year, and files a "short period" income tax return pursuant to G.S. 105‑130.15 shall file a franchise tax return in accordance with the provisions of this section in the manner and as of the date specified in subsection (a) of this section. Such corporation shall be entitled to deduct from the total franchise tax computed (on an annual basis) on such return the amount of franchise tax previously paid which is applicable to the period subsequent to the beginning of the new income year.
(f) The return and tax required by this section are in addition to all other reports required or taxes levied and assessed in this State.
(g) Counties, cities and towns shall not levy a franchise tax on corporations taxed under this section."
SECTION 32.15.(d) G.S. 105‑114.1 reads as rewritten:
"§ 105‑114.1. Limited liability companies.
…
(b) Controlled Companies. – If a corporation or an
affiliated group of corporations owns more than fifty percent (50%) of the
capital interests in a noncorporate limited liability company, the corporation
or group of corporations must include in its three tax bases pursuant to G.S. 105‑122
the same percentage of (i) the noncorporate limited liability company's capital
stock, surplus, and undivided profits; net worth; (ii) fifty‑five
percent (55%) of the noncorporate limited liability company's appraised ad
valorem tax value of property; and (iii) the noncorporate limited liability
company's actual investment in tangible property in this State, as appropriate.
…
(d) No Double Inclusion. – If a corporation is
required to include a percentage of a noncorporate limited liability company's
assets in its tax bases under this Article pursuant to subsection (b) of this
section, its investment in the noncorporate limited liability company is not
included in its computation of capital stock net worth base under
G.S. 105‑122(b).
…."
SECTION 32.15.(e) G.S. 105‑125(b) reads as rewritten:
"(b) Certain Investment Companies. – A corporation
doing business in North Carolina that meets one or more of the following
conditions may, in determining its capital stock, surplus, and undivided
profits base net worth base for franchise tax, deduct the aggregate
market value of its investments in the stocks, bonds, debentures, or other
securities or evidences of debt of other corporations, partnerships,
individuals, municipalities, governmental agencies, or governments:
(1) A regulated investment company. – A regulated investment company is an entity that qualifies as a regulated investment company under section 851 of the Code.
(2) A REIT, unless the REIT is a captive REIT. – The terms "REIT" and "captive REIT" have the same meanings as defined in G.S. 105‑130.12."
SECTION 32.15.(f) This section is effective for taxable years beginning on or after January 1, 2017.
INDIVIDUAL INCOME TAX REDUCTIONS AND MODIFICATION OF THE ITEMIZED DEDUCTION
SECTION 32.16.(a) Effective for taxable years beginning on or after January 1, 2016, G.S. 105‑153.5(a)(1) reads as rewritten:
"§ 105‑153.5. Modifications to adjusted gross income.
(a) Deduction Amount. – In calculating North Carolina taxable income, a taxpayer may deduct from adjusted gross income either the standard deduction amount provided in subdivision (1) of this subsection or the itemized deduction amount provided in subdivision (2) of this subsection that the taxpayer claimed under the Code. The deduction amounts are as follows:
(1) Standard deduction amount. – The standard deduction amount is zero for a person who is not eligible for a standard deduction under section 63 of the Code. For all other taxpayers, the standard deduction amount is equal to the amount listed in the table below based on the taxpayer's filing status:
Filing Status Standard Deduction
Married, filing jointly $15,000$17,500
Head of Household 12,00014,000
Single 7,5008,750
Married, filing separately 7,500.8,750."
SECTION 32.16.(b) Effective for taxable years beginning on or after January 1, 2017, G.S. 105‑153.5(a)(1), as amended by subsection (a) of this section, reads as rewritten:
"§ 105‑153.5. Modifications to adjusted gross income.
(a) Deduction Amount. – In calculating North Carolina taxable income, a taxpayer may deduct from adjusted gross income either the standard deduction amount provided in subdivision (1) of this subsection or the itemized deduction amount provided in subdivision (2) of this subsection that the taxpayer claimed under the Code. The deduction amounts are as follows:
(1) Standard deduction amount. – The standard deduction amount is zero for a person who is not eligible for a standard deduction under section 63 of the Code. For all other taxpayers, the standard deduction amount is equal to the amount listed in the table below based on the taxpayer's filing status:
Filing Status Standard Deduction
Married, filing jointly $17,500$17,750
Head of Household 14,00014,200
Single 8,7508,875
Married, filing separately 8,750.8,875."
SECTION 32.16.(c) Effective for taxable years beginning on or after January 1, 2018, G.S. 105‑153.5(a)(1), as amended by subsection (b) of this section, reads as rewritten:
"§ 105‑153.5. Modifications to adjusted gross income.
(a) Deduction Amount. – In calculating North Carolina taxable income, a taxpayer may deduct from adjusted gross income either the standard deduction amount provided in subdivision (1) of this subsection or the itemized deduction amount provided in subdivision (2) of this subsection that the taxpayer claimed under the Code. The deduction amounts are as follows:
(1) Standard deduction amount. – The standard deduction amount is zero for a person who is not eligible for a standard deduction under section 63 of the Code. For all other taxpayers, the standard deduction amount is equal to the amount listed in the table below based on the taxpayer's filing status:
Filing Status Standard Deduction
Married, filing jointly $17,750$18,000
Head of Household 14,20014,400
Single 8,8759,000
Married, filing separately 8,875.9,000."
SECTION 32.16.(d) Effective for taxable years beginning on or after January 1, 2019, G.S. 105‑153.5(a)(1), as amended by subsection (c) of this section, reads as rewritten:
"§ 105‑153.5. Modifications to adjusted gross income.
(a) Deduction Amount. – In calculating North Carolina taxable income, a taxpayer may deduct from adjusted gross income either the standard deduction amount provided in subdivision (1) of this subsection or the itemized deduction amount provided in subdivision (2) of this subsection that the taxpayer claimed under the Code. The deduction amounts are as follows:
(1) Standard deduction amount. – The standard deduction amount is zero for a person who is not eligible for a standard deduction under section 63 of the Code. For all other taxpayers, the standard deduction amount is equal to the amount listed in the table below based on the taxpayer's filing status:
Filing Status Standard Deduction
Married, filing jointly $18,000$18,250
Head of Household 14,40014,600
Single 9,0009,125
Married, filing separately 9,000.9,125."
SECTION 32.16.(e) Effective for taxable years beginning on or after January 1, 2020, G.S. 105‑153.5(a)(1), as amended by subsection (d) of this section, reads as rewritten:
"§ 105‑153.5. Modifications to adjusted gross income.
(a) Deduction Amount. – In calculating North Carolina taxable income, a taxpayer may deduct from adjusted gross income either the standard deduction amount provided in subdivision (1) of this subsection or the itemized deduction amount provided in subdivision (2) of this subsection that the taxpayer claimed under the Code. The deduction amounts are as follows:
(1) Standard deduction amount. – The standard deduction amount is zero for a person who is not eligible for a standard deduction under section 63 of the Code. For all other taxpayers, the standard deduction amount is equal to the amount listed in the table below based on the taxpayer's filing status:
Filing Status Standard Deduction
Married, filing jointly $18,250$18,500
Head of Household 14,60014,800
Single 9,1259,250
Married, filing separately 9,125.9,250."
SECTION 32.16.(f) G.S. 105‑153.7(a) reads as rewritten:
"§ 105‑153.7. Individual income tax imposed.
(a) Tax. – A tax is imposed for each taxable year on
the North Carolina taxable income of every individual. The tax shall be levied,
collected, and paid annually. The tax is five and seventy‑five
hundredths percent (5.75%) five and five‑tenths percent (5.5%) of
the taxpayer's North Carolina taxable income."
SECTION 32.16.(g) G.S. 105‑153.5(a)(2) reads as rewritten:
"§ 105‑153.5. Modifications to adjusted gross income.
(a) Deduction Amount. – In calculating North Carolina taxable income, a taxpayer may deduct from adjusted gross income either the standard deduction amount provided in subdivision (1) of this subsection or the itemized deduction amount provided in subdivision (2) of this subsection that the taxpayer claimed under the Code. The deduction amounts are as follows:
…
(2) Itemized deduction amount. – An amount equal to the
sum of the items listed in this subdivision. The amounts allowed under this
subdivision are not subject to the overall limitation on itemized deductions
under section 68 of the Code:itemized deduction amount claimed under the
Code other than any amount deducted under section 164 of the Code as State,
local, or foreign income tax or as State or local general sales tax. The
a. The amount allowed as a deduction for charitable
contributions under section 170 of the Code for that taxable year.
b. The amount allowed as a deduction for
interest paid or accrued during the taxable year under section 163(h) of the
Code with respect to any qualified residence plus the amount claimed by the
taxpayer as a deduction for property taxes paid or accrued on real estate under
section 164 of the Code for that taxable year. The amount allowed under
this sub‑subdivision subdivision may not exceed twenty
thousand dollars ($20,000). For spouses filing as married filing separately or
married filing jointly, the total mortgage interest and real estate taxes itemized
deductions claimed by both spouses combined may not exceed twenty thousand
dollars ($20,000). For spouses filing as married filing separately with a
joint obligation for mortgage interest and real estate taxes, the deduction for
these items is allowable to the spouse who actually paid them. If For
spouses filing as married filing separately, if the amount of the mortgage
interest and real estate taxes paid itemized deductions claimed by
both spouses exceeds twenty thousand dollars ($20,000), these deductions must
be prorated based on the percentage paid claimed by each spouse.
For joint obligations paid from joint accounts, the proration is based on the
income reported by each spouse for that taxable year.spouse under the
Code."
SECTION 32.16.(h) G.S. 105‑163.2 reads as rewritten:
"§ 105‑163.2. Employers must withhold taxes.
…
(b) Withholding Tables. – The manner of withholding and the amount to be withheld shall be determined in accordance with tables and rules adopted by the Secretary. The withholding of wages pursuant to and in accordance with these tables shall be deemed as a matter of law to constitute compliance with the provisions of subsection (a) of this section, notwithstanding any other provisions of this Article. The Secretary shall promulgate tables for computing amounts to be withheld with respect to different rates of wages for different payroll periods applicable to the various combinations of allowances to which an employee may be entitled and taking into account the appropriate standard deduction. The tables may provide for the same amount to be withheld within reasonable salary brackets or ranges so designed as to result in the withholding during a year of approximately the amount of an employee's indicated income tax liability for that year.
The withholding allowances provided by these tables and rules shall, as nearly as possible, approximate the amount of the employee's indicated income tax liability for that year based upon all of the following factors:
(1) An income tax rate equal to the rate set in G.S. 105‑153.7 plus one‑tenth of one percent (0.1%).
(2) the The additions the employee
is required to make under Article 4 of this Chapter and the deductions, Chapter.
(3) The deductions and credits to which
an employee is entitled under Article 4 of this Chapter. The Secretary shall
promulgate tables for computing amounts to be withheld with respect to
different rates of wages for different payroll periods applicable to the
various combinations of allowances to which an employee may be entitled and
taking into account the appropriate standard deduction. The tables may provide
for the same amount to be withheld within reasonable salary brackets or ranges
so designed as to result in the withholding during a year of approximately the
amount of an employee's indicated income tax liability for that year. The
withholding of wages pursuant to and in accordance with these tables shall be
deemed as a matter of law to constitute compliance with the provisions of
subsection (a) of this section, notwithstanding any other provisions of this
Article.
…
(e) Alternatives to Tables. – If the Secretary
determines that use of the withholding tables would be impractical, would
impose an unreasonable burden on an employer, or would produce substantially
incorrect results, the Secretary may authorize or require an employer to use
some other method of determining the amounts to be withheld under this Article.
The alternative method authorized by the Secretary must reasonably approximate
the predicted income tax liability of the affected employees. employees
based upon the factors provided in subsection (b) of this section. In
addition, with the agreement of the employer and employee, the Secretary may
authorize an employer to use an alternative method that results in withholding
of a greater amount than otherwise required under this section.
The Secretary's authorization of an alternative method is discretionary and may be cancelled at any time without advance notice if the Secretary finds that the method is being abused or is not resulting in the withholding of an amount reasonably approximating the predicted income tax liability of the affected employees. The Secretary shall give an employer written notice of any cancellation and the findings upon which the cancellation is based. The cancellation becomes effective upon the employer's receipt of this notice or on the third day after the notice was mailed to the employer, whichever occurs first. If the employer requests a hearing on the cancellation within 30 days after the cancellation, the Secretary shall grant a hearing. After a hearing, the Secretary's findings are conclusive."
SECTION 32.16.(i) Subsections (f) through (h) of this section are effective for taxable years beginning on or after January 1, 2016. Except as otherwise provided, the remainder of this section is effective when this act becomes law.
ARTICLE 5F EXCISE TAX CHANGES
SECTION 32.17.(a) G.S. 105‑187.51(b) reads as rewritten:
"§ 105‑187.51. Tax imposed on mill machinery.
…
(b) Rate. – The tax is one percent (1%) of imposed
on the sales purchase price of the machinery, part, or accessory
purchased. accessory. The tax rate is equal to the general rate of tax
under G.S. 105‑164.4. The maximum tax is eighty dollars
($80.00) five hundred dollars ($500.00) per article. As used in this
section, the term "accessories" does not include electricity."
SECTION 32.17.(b) G.S. 105‑187.51B(b) reads as rewritten:
"§ 105‑187.51B. Tax imposed on certain recyclers, research and development companies, industrial machinery refurbishing companies, and companies located at ports facilities.
…
(b) Rate. – The tax is one percent (1%) of imposed
on the sales purchase price of the equipment or other
tangible personal property. The tax rate is equal to the general rate of tax
under G.S. 105‑164.4. The maximum tax is eighty dollars
($80.00) five hundred dollars ($500.00) per article."
SECTION 32.17.(c) G.S. 105‑187.51D(b) reads as rewritten:
"§ 105‑187.51D. Tax imposed on machinery at large manufacturing and distribution facility.
…
(b) Tax. – A privilege tax is imposed on a large
manufacturing and distribution facility that purchases mill machinery, distribution
machinery, or parts or accessories for mill machinery or distribution machinery
for storage, use, or consumption in this State. The tax is one percent (1%)
of imposed on the sales purchase price of the
machinery, part, or accessory purchased. accessory. The rate of tax
is equal to the general rate of tax under G.S. 105‑164.4. The
maximum tax is eighty dollars ($80.00) five hundred dollars ($500.00)
per article. As used in this section, the term "accessories" does
not include electricity."
SECTION 32.17.(d) This section becomes effective October 1, 2015, and applies to purchases made on or after that date or contracts entered into on or after that date.
SALES TAX CHANGES
SECTION 32.18.(a) G.S. 105‑164.3 reads as rewritten:
"§ 105‑164.3. Definitions.
The following definitions apply in this Article:
…
(18a) Maintenance service. – To keep tangible personal property in working order, to avoid breakdown, and to prevent unnecessary repairs.
…
(33d) Repair service. – To restore or attempt to restore tangible personal property to proper working order or good condition. The term includes replacing or putting together what is torn or broken.
…."
SECTION 32.18.(b) G.S. 105‑164.4(a) reads as rewritten:
"§ 105‑164.4. Tax imposed on retailers.
(a) A privilege tax is imposed on a retailer engaged in business in the State at the percentage rates of the retailer's net taxable sales or gross receipts, listed in this subsection. The general rate of tax is four and three‑quarters percent (4.75%). The percentage rates are as follows:
(1a) The general rate applies to the sales price of each manufactured
home of the following items sold at retail, including all
accessories attached to the manufactured home the item when it is
delivered to the purchaser.purchaser:
a. A manufactured home.
b. A modular home. The sale of a modular home to a modular homebuilder is considered a retail sale. A person who sells a modular home at retail is allowed a credit against the tax imposed by this subdivision for sales or use tax paid to another state on tangible personal property incorporated in the modular home. The retail sale of a modular home occurs when a modular home manufacturer sells a modular home to a modular homebuilder or directly to the end user of the modular home.
c. An aircraft, except that the maximum tax on an aircraft is five thousand dollars ($5,000) per article.
d. A boat, except that the maximum tax on a boat is one thousand five hundred dollars ($1,500) per article.
(1b) The rate of three percent (3%) applies to
the sales price of each aircraft or boat sold at retail, including all
accessories attached to the item when it is delivered to the purchaser. The
maximum tax is one thousand five hundred dollars ($1,500) per article.
…
(8) The general rate applies to the sales price
of each modular home sold at retail, including all accessories attached to the
modular home when it is delivered to the purchaser. The sale of a modular home
to a modular homebuilder is considered a retail sale. A person who sells a
modular home at retail is allowed a credit against the tax imposed by this
subdivision for sales or use tax paid to another state on tangible personal
property incorporated in the modular home. The retail sale of a modular home
occurs when a modular home manufacturer sells a modular home to a modular
homebuilder or directly to the end user of the modular home.
…
(15) The general rate applies to the sales price of or the gross receipts derived from repair service and maintenance service.
(16) The general rate applies to the sales price of or the gross receipts derived from grooming, training, boarding, or providing other care for an animal.
(17) The general rate applies to the sales price of or the gross receipts derived from veterinary services.
(18) The general rate applies to the sales price of or the gross receipts derived from advertising services."
SECTION 32.18.(c) G.S. 105‑164.13(49) is repealed.
SECTION 32.18.(d) G.S. 105‑467(a) reads as rewritten:
"§ 105‑467. Scope of sales tax.
(a) Sales Tax. – The sales tax that may be imposed under this Article is limited to a tax at the rate of one percent (1%) of the following:
(1) A retailer's net taxable sales and gross receipts
that are subject to the general rate of sales tax imposed by the State under G.S. 105‑164.4
except the tax does not apply to the sales price of a manufactured home or a
modular home.an item taxed under G.S. 105‑164.4(a)(1a).
…."
SECTION 32.18.(e) G.S. 105‑237.1(a)(6) reads as rewritten:
"§ 105‑237.1. Compromise of liability.
(a) Authority. – The Secretary may compromise a taxpayer's liability for a tax that is collectible under G.S. 105‑241.22 when the Secretary determines that the compromise is in the best interest of the State and makes one or more of the following findings:
…
(6) The taxpayer is a retailer or a person under
Article 5 of this Chapter; the assessment is for sales or use tax the retailer
failed to collect or the person failed to pay on an item taxable under G.S. 105‑164.4(a)(10)
and (a)(11), through (a)(18), and the retailer or person made a
good‑faith effort to comply with the sales and use tax laws. This
subdivision expires for assessments issued after July 1, 2020."
SECTION 32.18.(f) The Secretary of Revenue is directed to repeal the following administrative rules: 17 NCAC 07B .1002, 17 NCAC 07B .1003, and 17 NCAC 07B .1901. A repair part historically purchased and taxed in accordance with these administrative rules should be purchased for the purpose of resale.
SECTION 32.18.(g) G.S. 105‑164.4I(b) is amended by adding a new subdivision to read:
"(b) Exemptions. – The tax imposed by this section does not apply to the sales price of or the gross receipts derived from a service contract applicable to any of the following items:
(1) An item exempt from tax under this Article, other than a motor vehicle exempt from tax under G.S. 105‑164.13(32).
(2) A transmission, distribution, or other network asset contained on utility‑owned land, right‑of‑way, or easement.
(3) An item purchased by a professional motorsports racing team for which the team may receive a sales tax refund under G.S. 105‑164.14A(5).
(4) An item subject to tax under Article 5F of Chapter 105 of the General Statutes.
(5) A qualifying aircraft or qualifying jet engine if the service contract is sold by the manufacturer of the aircraft or jet engine or a related member of the manufacturer within 90 days of the date the aircraft or engine is purchased. A qualifying aircraft is an aircraft with a maximum take‑off weight of more than 9,000 pounds but not in excess of 15,000 pounds. A qualifying jet engine is an engine certified pursuant to Part 33 of Title 14 of the Code of Federal Regulations."
SECTION 32.18.(h) Effective July 1, 2015, and applicable to refund applications submitted for purchases made on or after that date, G.S. 105‑164.14(b) reads as rewritten:
"(b) Nonprofit Entities and Hospital Drugs. – A
nonprofit entity is allowed a semiannual an annual refund of
sales and use taxes paid by it under this Article on direct purchases of
tangible personal property and services for use in carrying on the work of the
nonprofit entity. The aggregate amount of purchases for which an entity may
receive a refund under this subsection for a 12‑month period beginning
July 1 and ending June 30 may not exceed six hundred sixty‑six million six
hundred sixty‑six thousand six hundred sixty‑seven dollars
($666,666,667). Sales and use tax liability indirectly incurred by a
nonprofit entity through reimbursement to an authorized person of the entity
for the purchase of tangible personal property and services for use in carrying
on the work of the nonprofit entity is considered a direct purchase by the
entity. Sales and use tax liability indirectly incurred by a nonprofit entity
on building materials, supplies, fixtures, and equipment that become a part of
or annexed to any building or structure that is owned or leased by the
nonprofit entity and is being erected, altered, or repaired for use by the
nonprofit entity for carrying on its nonprofit activities is considered a sales
or use tax liability incurred on direct purchases by the nonprofit entity. The
refund allowed under this subsection does not apply to purchases of
electricity, telecommunications service, ancillary service, piped natural gas,
video programming, or a prepaid meal plan. A request for a refund must be in
writing and must include any information and documentation required by the
Secretary. A request for a refund for the first six months of a calendar
year is due the following October 15; a request for a refund for the second six
months of a calendar year is due the following April 15. The aggregate annual
refund amount allowed an entity under this subsection for a fiscal year may not
exceed thirty‑one million seven hundred thousand dollars ($31,700,000).for
a 12‑month period ending June 30 is due the following October 15.
The refunds allowed under this subsection do not apply to an
entity that is owned and controlled by the United States or to an entity that
is owned or controlled by the State and is not listed in this subsection. A hospital
that is not listed in this subsection is allowed a semiannual an
annual refund of sales and use taxes paid by it on over‑the‑counter
drugs purchased for use in carrying out its work. The following nonprofit
entities are allowed a refund under this subsection:
…."
SECTION 32.18.(i) Effective July 1, 2015, and applicable to refund applications submitted for purchases made on or after that date, G.S. 105‑467(b) reads as rewritten:
"(b) Exemptions and Refunds. – The State exemptions
and exclusions contained in G.S. 105‑164.13 apply to the local sales
and use tax authorized to be levied and imposed under this Article. The State
refund provisions contained in G.S. 105‑164.14 through G.S. 105‑164.14B
apply to the local sales and use tax authorized to be levied and imposed under
this Article. A refund of an excessive or erroneous State sales tax collection
allowed under G.S. 105‑164.11 and a refund of State sales tax paid
on a rescinded sale or cancelled service contract under G.S. 105‑164.11A
apply to the local sales and use tax authorized to be levied and imposed under
this Article. The aggregate annual local amount of purchases for
which an entity may receive a refund amount of local sales and
use tax may not exceed the amount allowed an entity under G.S. 105‑164.14(b)
for a fiscal year may not exceed thirteen million three hundred thousand
dollars ($13,300,000).G.S. 105‑164.14(b). If the purchases for
which a refund application is made exceed the amount of purchases for which an
entity may receive a refund, and those purchases are made in more than one
county, the purchases eligible for the refund in each county is proportionate
to the amount of purchases sourced to that county relative to the total
purchases made in all counties.
Except as provided in this subsection, a taxing county may not allow an exemption, exclusion, or refund that is not allowed under the State sales and use tax. A local school administrative unit and a joint agency created by interlocal agreement among local school administrative units pursuant to G.S. 160A‑462 to jointly purchase food service‑related materials, supplies, and equipment on their behalf is allowed an annual refund of sales and use taxes paid by it under this Article on direct purchases of tangible personal property and services. Sales and use tax liability indirectly incurred by the entity on building materials, supplies, fixtures, and equipment that become a part of or annexed to any building or structure that is owned or leased by the entity and is being erected, altered, or repaired for use by the entity is considered a sales or use tax liability incurred on direct purchases by the entity for the purpose of this subsection. The refund allowed under this subsection does not apply to purchases of electricity, telecommunications service, ancillary service, piped natural gas, video programming, or a prepaid meal plan. A request for a refund is due in the same time and manner as provided in G.S. 105‑164.14(c). Refunds applied for more than three years after the due date are barred."
SECTION 32.18.(j) Effective July 1, 2016, and applicable to refund applications submitted for purchases made on or after that date, G.S. 105‑164.14(b), as amended by subsection (h) of this section, reads as rewritten:
"(b) Nonprofit Entities and Hospital Drugs. – A
nonprofit entity is allowed an annual refund of sales and use taxes paid by it
under this Article on direct purchases of tangible personal property and
services for use in carrying on the work of the nonprofit entity. The aggregate
amount of purchases for which an entity may receive a refund under this
subsection for a fiscal year may not exceed six hundred sixty‑six
million six hundred sixty‑six thousand six hundred sixty‑seven
dollars ($666,666,667) one hundred fifty million dollars ($150,000,000) in
a fiscal year. Sales and use tax liability indirectly incurred by a nonprofit
entity through reimbursement to an authorized person of the entity for the
purchase of tangible personal property and services for use in carrying on the
work of the nonprofit entity is considered a direct purchase by the entity.
Sales and use tax liability indirectly incurred by a nonprofit entity on
building materials, supplies, fixtures, and equipment that become a part of or
annexed to any building or structure that is owned or leased by the nonprofit
entity and is being erected, altered, or repaired for use by the nonprofit
entity for carrying on its nonprofit activities is considered a sales or use
tax liability incurred on direct purchases by the nonprofit entity. The refund
allowed under this subsection does not apply to purchases of electricity,
telecommunications service, ancillary service, piped natural gas, video
programming, or a prepaid meal plan. A request for a refund must be in writing
and must include any information and documentation required by the Secretary. A
request for a refund for the preceding fiscal year is due the following October
15.
The refunds allowed under this subsection do not apply to an entity that is owned and controlled by the United States or to an entity that is owned or controlled by the State and is not listed in this subsection. A hospital that is not listed in this subsection is allowed an annual refund of sales and use taxes paid by it on over‑the‑counter drugs purchased for use in carrying out its work. The following nonprofit entities are allowed a refund under this subsection:
…."
SECTION 32.18.(k) Effective July 1, 2017, and applicable to refund applications submitted for purchases made on or after that date, G.S. 105‑164.14(b), as amended by subsection (j) of this section, reads as rewritten:
"(b) Nonprofit Entities and Hospital Drugs. – A
nonprofit entity is allowed an annual refund of sales and use taxes paid by it
under this Article on direct purchases of tangible personal property and
services for use in carrying on the work of the nonprofit entity. The aggregate
amount of purchases for which an entity may receive a refund under this
subsection for a fiscal year may not exceed one hundred fifty million
dollars ($150,000,000) one hundred twenty million dollars ($120,000,000)
in a fiscal year. Sales and use tax liability indirectly incurred by a
nonprofit entity through reimbursement to an authorized person of the entity
for the purchase of tangible personal property and services for use in carrying
on the work of the nonprofit entity is considered a direct purchase by the
entity. Sales and use tax liability indirectly incurred by a nonprofit entity
on building materials, supplies, fixtures, and equipment that become a part of
or annexed to any building or structure that is owned or leased by the
nonprofit entity and is being erected, altered, or repaired for use by the
nonprofit entity for carrying on its nonprofit activities is considered a sales
or use tax liability incurred on direct purchases by the nonprofit entity. The
refund allowed under this subsection does not apply to purchases of
electricity, telecommunications service, ancillary service, piped natural gas,
video programming, or a prepaid meal plan. A request for a refund must be in
writing and must include any information and documentation required by the
Secretary. A request for a refund for the preceding fiscal year is due the
following October 15.
The refunds allowed under this subsection do not apply to an entity that is owned and controlled by the United States or to an entity that is owned or controlled by the State and is not listed in this subsection. A hospital that is not listed in this subsection is allowed an annual refund of sales and use taxes paid by it on over‑the‑counter drugs purchased for use in carrying out its work. The following nonprofit entities are allowed a refund under this subsection:
…."
SECTION 32.18.(l) Effective July 1, 2018, and applicable to refund applications submitted for purchases made on or after that date, G.S. 105‑164.14(b), as amended by subsection (k) of this section, reads as rewritten:
"(b) Nonprofit Entities and Hospital Drugs. – A
nonprofit entity is allowed an annual refund of sales and use taxes paid by it
under this Article on direct purchases of tangible personal property and
services for use in carrying on the work of the nonprofit entity. The aggregate
amount of purchases for which an entity may receive a refund under this
subsection for a fiscal year may not exceed one hundred twenty million dollars
($120,000,000) ninety million dollars ($90,000,000) in a fiscal
year. Sales and use tax liability indirectly incurred by a nonprofit entity
through reimbursement to an authorized person of the entity for the purchase of
tangible personal property and services for use in carrying on the work of the
nonprofit entity is considered a direct purchase by the entity. Sales and use
tax liability indirectly incurred by a nonprofit entity on building materials,
supplies, fixtures, and equipment that become a part of or annexed to any
building or structure that is owned or leased by the nonprofit entity and is
being erected, altered, or repaired for use by the nonprofit entity for
carrying on its nonprofit activities is considered a sales or use tax liability
incurred on direct purchases by the nonprofit entity. The refund allowed under
this subsection does not apply to purchases of electricity, telecommunications
service, ancillary service, piped natural gas, video programming, or a prepaid
meal plan. A request for a refund must be in writing and must include any
information and documentation required by the Secretary. A request for a refund
for the preceding fiscal year is due the following October 15.
The refunds allowed under this subsection do not apply to an entity that is owned and controlled by the United States or to an entity that is owned or controlled by the State and is not listed in this subsection. A hospital that is not listed in this subsection is allowed an annual refund of sales and use taxes paid by it on over‑the‑counter drugs purchased for use in carrying out its work. The following nonprofit entities are allowed a refund under this subsection:
…."
SECTION 32.18.(m) Effective July 1, 2019, and applicable to refund applications submitted for purchases made on or after that date, G.S. 105‑164.14(b), as amended by subsection (l) of this section, reads as rewritten:
"(b) Nonprofit Entities and Hospital Drugs. – A
nonprofit entity is allowed an annual refund of sales and use taxes paid by it
under this Article on direct purchases of tangible personal property and
services for use in carrying on the work of the nonprofit entity. The aggregate
amount of purchases for which an entity may receive a refund under this subsection
for a fiscal year may not exceed ninety million dollars ($90,000,000) sixty
million dollars ($60,000,000) in a fiscal year. Sales and use tax liability
indirectly incurred by a nonprofit entity through reimbursement to an
authorized person of the entity for the purchase of tangible personal property
and services for use in carrying on the work of the nonprofit entity is
considered a direct purchase by the entity. Sales and use tax liability
indirectly incurred by a nonprofit entity on building materials, supplies,
fixtures, and equipment that become a part of or annexed to any building or
structure that is owned or leased by the nonprofit entity and is being erected,
altered, or repaired for use by the nonprofit entity for carrying on its
nonprofit activities is considered a sales or use tax liability incurred on
direct purchases by the nonprofit entity. The refund allowed under this
subsection does not apply to purchases of electricity, telecommunications
service, ancillary service, piped natural gas, video programming, or a prepaid
meal plan. A request for a refund must be in writing and must include any
information and documentation required by the Secretary. A request for a refund
for the preceding fiscal year is due the following October 15.
The refunds allowed under this subsection do not apply to an entity that is owned and controlled by the United States or to an entity that is owned or controlled by the State and is not listed in this subsection. A hospital that is not listed in this subsection is allowed an annual refund of sales and use taxes paid by it on over‑the‑counter drugs purchased for use in carrying out its work. The following nonprofit entities are allowed a refund under this subsection:
…."
SECTION 32.18.(n) Effective July 1, 2020, and applicable to refund applications submitted for purchases made on or after that date, G.S. 105‑164.14(b), as amended by subsection (m) of this section, reads as rewritten:
"(b) Nonprofit Entities and Hospital Drugs. – A
nonprofit entity is allowed an annual refund of sales and use taxes paid by it
under this Article on direct purchases of tangible personal property and
services for use in carrying on the work of the nonprofit entity. The aggregate
amount of purchases for which an entity may receive a refund under this
subsection for a fiscal year may not exceed sixty million dollars ($60,000,000)
fifteen million dollars ($15,000,000) in a fiscal year. Sales and
use tax liability indirectly incurred by a nonprofit entity through
reimbursement to an authorized person of the entity for the purchase of
tangible personal property and services for use in carrying on the work of the
nonprofit entity is considered a direct purchase by the entity. Sales and use
tax liability indirectly incurred by a nonprofit entity on building materials,
supplies, fixtures, and equipment that become a part of or annexed to any
building or structure that is owned or leased by the nonprofit entity and is
being erected, altered, or repaired for use by the nonprofit entity for carrying
on its nonprofit activities is considered a sales or use tax liability incurred
on direct purchases by the nonprofit entity. The refund allowed under this
subsection does not apply to purchases of electricity, telecommunications
service, ancillary service, piped natural gas, video programming, or a prepaid
meal plan. A request for a refund must be in writing and must include any
information and documentation required by the Secretary. A request for a refund
for the preceding fiscal year is due the following October 15.
The refunds allowed under this subsection do not apply to an entity that is owned and controlled by the United States or to an entity that is owned or controlled by the State and is not listed in this subsection. A hospital that is not listed in this subsection is allowed an annual refund of sales and use taxes paid by it on over‑the‑counter drugs purchased for use in carrying out its work. The following nonprofit entities are allowed a refund under this subsection:
…."
SECTION 32.18.(o) Subsections (a) though (d) and subsections (e) and (f) of this section become effective October 1, 2015, and apply to sales made on or after that date, services provided on or after that date, or contracts entered into on or after that date. Except as otherwise provided, this section is effective when it becomes law.
FAIR DISTRIBUTION OF SALES TAX REVENUE TO LOCAL GOVERNMENTS
SECTION 32.19.(a) Sec. 9 of Chapter 1096 of the 1967 Session Laws, as amended, reads as rewritten:
"Sec. 9. Distribution. The Secretary of Revenue must divide
allocate the net proceeds of the tax collected under this division
on items other than food in accordance with G.S. 105‑472(a) in the
First One Cent (1¢) Local Government Sales and Use Tax Act, Article 39 of
Chapter 105 of the General Statutes. The Secretary must divide the amount
allocated to Mecklenburg County and its municipalities in accordance with
the ad valorem distribution method described in G.S. 105‑472(b)(2).The
Secretary of Revenue must distribute the taxes levied by Mecklenburg County on
food to Mecklenburg County and the municipalities within Mecklenburg County in
accordance with G.S. 105‑469(a). This amount shall be divided
between the county and its municipalities in accordance with the ad valorem
distribution method described in G.S. 105‑472(b)(2). The net
proceeds from the tax levied under this division and distributed to Mecklenburg
County must be used as provided in G.S. 105‑472(a1).
The Secretary of Revenue must reduce the amount distributable to Mecklenburg County under this section by the amount set in G.S. 105‑522. This reduction does not affect the amount allocated to municipalities under this section."
SECTION 32.19.(b) G.S. 105‑469(a) reads as rewritten:
"(a) The Secretary shall collect and administer a
tax levied by a county pursuant to this Article. As directed by G.S. 105‑164.13B,
taxes levied by a county on food are administered as if they were levied by the
State under Article 5 of this Chapter. The Secretary must, on a monthly basis,
distribute local taxes levied on food to the taxing counties as follows:in
accordance with G.S. 105‑472(a). The net proceeds of the local taxes
on food distributed to counties must be used by the taxing counties as provided
in G.S. 105‑472(a1).
(1) The Secretary must allocate one‑half
of the net proceeds on a per capita basis according to the most recent annual
population estimates certified to the Secretary by the State Budget Officer.
The Secretary must then adjust the amount allocated to each county as provided
in G.S. 105‑486(b). The Secretary must include one‑half of the
amount allocated under this subdivision in the distribution made under Article
40 of this Chapter and must include the remaining one‑half in the
distribution made under Article 42 of this Chapter.
(2) The Secretary must allocate the remaining
net proceeds proportionately to each taxing county based upon the amount of
sales tax on food collected in the taxing county in the 1997‑1998 fiscal
year under Article 39 of this Chapter or under Chapter 1096 of the 1967 Session
Laws relative to the total amount of sales tax on food collected in all taxing
counties in the 1997‑1998 fiscal year under Article 39 of this Chapter
and under Chapter 1096 of the 1967 Session Laws. The Secretary must include the
amount allocated under this subdivision in the distribution made under Article
39 of this Chapter."
SECTION 32.19.(c) G.S. 105‑472 reads as rewritten:
"§ 105‑472.
Disposition and distribution Allocation, distribution, and use of
taxes collected.
"(a) County Allocation. – The Secretary shall, on
a monthly basis, allocate the net proceeds of the tax collected under this
Article to each taxing county for which the Secretary collects the tax the
net proceeds of the tax collected in that county under this Article. as
provided in this subsection. For the purpose of this section, "net
proceeds" means the gross proceeds of the tax collected in each county
under this Article less taxes refunded, the cost to the State of collecting and
administering the tax in the county as determined by the Secretary, and other
deductions that may be charged to the county. For the percentage allocation made
on a point of collection basis, the Secretary must allocate the net proceeds of
the tax collected under this Article in that county. If the Secretary
collects local sales or use taxes in a month and the taxes cannot be identified
as being attributable to a particular taxing county, the Secretary shall
allocate the taxes among the taxing counties in proportion to the amount of
taxes collected in each county under this Article during that month and shall
include them in the monthly distribution. Amounts collected by electronic funds
transfer payments are included in the distribution for the month in which the
return that applies to the payment is received. For the percentage allocation
made on a per capita basis, the Secretary must allocate the net proceeds of the
tax collected under this Article to the taxing counties according to the most
recent annual population estimates certified to the Secretary by the State
Budget Office.
The net proceeds are allocated as follows:
Distribution for Net Proceeds Per Capita Point of Collection
Collected in Fiscal Year
2016‑2017 40% 60%
2017‑2018 55% 45%
2018‑2019 70% 30%
2019‑2020 and thereafter 80% 20%.
(a1) Use. – The net proceeds of the revenue received by a county from the per capita allocation must be used by the county for public education and community college purposes. The remaining net proceeds received by a county may be used for any public purpose.
…."
SECTION 32.19.(d) G.S. 105‑486 reads as rewritten:
"§ 105‑486. Distribution and use of additional taxes.
(a) County Allocation. Allocation and Use. –
The Secretary shall, on a monthly basis, allocate the net proceeds of the
additional one‑half percent (1/2%) sales and use taxes levied under this
Article to the taxing counties on a per capita basis according to the most
recent annual population estimates certified to the Secretary by the State
Budget Officer.in accordance with G.S. 105‑472(a). The net proceeds
of the tax revenue received by a county under this Article must be used as provided
in G.S. 105‑472(a1).
(b) Adjustment. – The Secretary shall then
adjust the amount allocated to each county under subsection (a) by multiplying
the amount by the appropriate adjustment factor set out in the table below. If,
after applying the adjustment factors, the resulting total of the amounts
allocated is greater or lesser than the net proceeds to be distributed, the
amount allocated to each county shall be proportionally adjusted to eliminate
the excess or shortage.
County Adjustment
Factor
Dare 1.49
Brunswick 1.17
Orange 1.15
Carteret and
Durham 1.14
Avery 1.12
Moore 1.11
Transylvania 1.10
Chowan,
McDowell, and Richmond 1.09
Pitt and New
Hanover 1.07
Beaufort, Perquimans,
Buncombe, and Watauga 1.06
Cabarrus,
Jackson, and Surry 1.05
Alleghany,
Bladen, Robeson, Washington, Craven, Henderson, 1.04
Onslow,
and Vance
Gaston,
Granville, and Martin 1.03
Alamance,
Burke, Caldwell, Chatham, Duplin, Edgecombe, 1.02
Haywood,
Swain, and Wilkes
Hertford,
Union, Stokes, Yancey, Halifax, Rockingham, and 1.01
Cleveland
Alexander,
Anson, Johnston, Northampton, Pasquotank, Person, 1.00
Polk,
and Yadkin
Catawba,
Harnett, Iredell, Pamlico, Pender, Randolph, Stanly, and 0.99
Tyrrell
Cherokee,
Cumberland, Davidson, Graham, Hyde, Macon, 0.98
Rutherford,
Scotland, and Wilson
Ashe, Bertie,
Franklin, Hoke, Lincoln, Montgomery, and Warren 0.97
Wayne, Clay,
Madison, Sampson, Wake, Lee, and Forsyth 0.96
Caswell,
Gates, Mitchell, and Greene 0.95
Currituck and
Guilford 0.94
Davie and Nash 0.93
Rowan and
Camden 0.92
Jones 0.90
Mecklenburg 0.89
Lenoir 0.88
Columbus 0.81
(c) Distribution Between Counties and Cities. – The amount allocated to each taxing county shall then be divided among the county and its municipalities in accordance with the method by which the one percent (1%) sales and use taxes levied in that county pursuant to Article 39 of this Chapter or Chapter 1096 of the 1967 Session Laws are distributed.
(d) Limitation. – No municipality may receive any funds under this section if it was incorporated with an effective date of on or after January 1, 2000, and is disqualified from receiving funds under G.S. 136‑41.2. No municipality may receive any funds under this section, incorporated with an effective date on or after January 1, 2000, unless a majority of the mileage of its streets are open to the public. The previous sentence becomes effective with respect to distribution of funds on or after July 1, 1999."
SECTION 32.19.(e) G.S. 105‑501(a) reads as rewritten:
"(a) Method.Distribution and Use. –
The Secretary must, on a monthly basis, allocate to each taxing county the
net proceeds of the additional one‑half percent (1/2%) sales and use
taxes collected in that county levied under this Article. If
the Secretary collects taxes under this Article in a month and the taxes cannot
be identified as being attributable to a particular taxing county, the
Secretary must allocate the net proceeds of these taxes among the taxing
counties in proportion to the amount of taxes collected in each county under
this Article in that month.Article in accordance with G.S. 105‑472(a).
The net proceeds of the tax revenue received by a county under this Article
must be used as provided in G.S. 105‑472(a1).
The Secretary must divide and distribute the funds allocated to a taxing county each month under this section between the county and the municipalities located in the county in accordance with the method by which the one percent (1%) sales and use taxes levied in that county pursuant to Article 39 of this Chapter or Chapter 1096 of the 1967 Session Laws are distributed. No municipality may receive any funds under this section if it was incorporated with an effective date of on or after January 1, 2000, and is disqualified from receiving funds under G.S. 136‑41.2. No municipality may receive any funds under this section, incorporated with an effective date on or after January 1, 2000, unless a majority of the mileage of its streets are open to the public."
SECTION 32.19.(f) G.S. 105‑522 reads as rewritten:
"§ 105‑522. City hold harmless for repealed local taxes.
(a) Definitions. – The following definitions apply in this section:
(1) Amount of sales and use tax revenue allocated under G.S. 105‑472 or Chapter 1096 of the 1967 Session Laws. – An allocation to each taxing county of the net proceeds of the tax collected in that county under Article 39 of this Chapter or under Chapter 1096 of the 1967 Session Laws. This definition represents an allocation based on one hundred percent (100%) point of collection.
(2) Amount of sales and use tax revenue allocated under G.S. 105‑486. – An allocation of the net proceeds of the tax collected under Article 40 of this Chapter to the taxing counties on a per capita basis. This definition represents an allocation based on one hundred percent (100%) per capita.
(1)(3) Eligible municipality. – A municipality
that was incorporated on or before October 1, 2008, and receives a distribution
of sales and use taxes under G.S. 105‑472.
(2)(4) Hold harmless amount. – The sum of the
following amounts allocated for distribution to a municipality for a month:
a. The amount of sales and use tax revenue allocated under G.S. 105‑486. This calculation determines the effect of repealing a one‑half percent (1/2%) sales and use tax distributed on a per capita basis.
b. An amount determined by subtracting twenty‑five percent (25%) of the amount of sales and use tax revenue allocated under G.S. 105‑472 or Chapter 1096 of the 1967 Session Laws from fifty percent (50%) of the amount of sales and use tax revenue allocated under G.S. 105‑486. This calculation determines the effect of distributing a one‑quarter percent (.25%) tax on the basis of point of origin instead of on a per capita basis.
(5) Net proceeds. – Same meaning as defined in G.S. 105‑472.
(b) Requirement. – A county is required to hold the eligible municipalities in the county harmless from the repeal of the local sales and use taxes formerly imposed under this Article. The Secretary must add an eligible municipality's hold harmless amount to the amount distributed to the municipality under this Subchapter. To obtain the revenue for the hold harmless distribution, the Secretary must reduce each county's monthly allocation under G.S. 105‑472(b) or under Chapter 1096 of the 1967 Session Laws by the hold harmless amounts for the municipalities in that county."
SECTION 32.19.(g) G.S. 105‑523(b) reads as rewritten:
"(b) Definitions. – The following definitions apply in this section:
(1) Amount of sales and use tax revenue allocated under G.S. 105‑472 or Chapter 1096 of the 1967 Session Laws. – An allocation to each taxing county of the net proceeds of the tax collected in that county under Article 39 of this Chapter or under Chapter 1096 of the 1967 Session Laws. This definition represents an allocation based on one hundred percent (100%) point of collection.
(2) Amount of sales and use tax revenue allocated under G.S. 105‑486. – An allocation of the net proceeds of the tax collected under Article 40 of this Chapter to the taxing counties on a per capita basis. This definition represents an allocation based on one hundred percent (100%) per capita.
(1)(3) City hold harmless amount. – The hold
harmless amount determined under G.S. 105‑522 for the eligible
municipalities in a county.
(2)(4) (Effective July 1, 2016 until July
1, 2017) Hold harmless threshold. – The amount of a county's Medicaid
service costs and Medicare Part D clawback payments assumed by the State under G.S. 108A‑54
for the fiscal year, less one hundred twenty‑five thousand dollars
($125,000). A county's Medicaid service costs for fiscal years 2008‑2009,
2009‑2010, and 2010‑2011 are determined without regard to the
changes made to the Federal Medical Assistance Percentage by section 5001 of
the American Recovery and Reinvestment Act of 2009.
(5) Net proceeds. – Same meaning as defined in G.S. 105‑472.
(3)(6) Repealed sales tax amount. – The sum of
the following amounts allocated for distribution to a county for a month:
a. The amount of sales and use tax revenue allocated under G.S. 105‑486. This calculation determines the effect of repealing a one‑half percent (1/2%) sales and use tax distributed on a per capita basis.
b. An amount determined by subtracting twenty‑five percent (25%) of the amount of sales and use tax revenue allocated under G.S. 105‑472 or Chapter 1096 of the 1967 Session Laws from fifty percent (50%) of the amount of sales and use tax revenue allocated under G.S. 105‑486. This calculation determines the effect of distributing a one‑quarter percent (.25%) tax on the basis of point of origin instead of on a per capita basis.";
SECTION 32.19.(h) G.S. 105‑487 and G.S. 105‑502 are repealed.
SECTION 32.19.(i) Except as otherwise provided, this section becomes effective July 1, 2016, and applies to sales tax revenues collected on or after that date and distributed to counties and cities on or after September 1, 2016.
LOCAL SALES TAX OPTIONS
SECTION 32.20.(a) Subchapter VIII of Chapter 105 of the General Statutes is amended by adding a new Article to read:
"Article 43A.
"County Sales and Use Tax for Public Education.
"§ 105‑513.1. Short title; purpose.
This Article is the County Sales and Use Tax for Public Education and is intended to give the counties of this State an opportunity to obtain an additional source of revenue with which to finance their public education needs.
"§ 105‑513.2. Levy.
(a) Rate. – The maximum rate of local sales and use tax that may be levied under this Article is one‑half percent (1/2%).
(b) Authority. – A board of county commissioners may, by resolution and after 10 days' public notice, levy a local sales and use tax under this Article if all of the conditions listed in this subsection are met. The tax rate is the rate specified in the ballot plus any other State and local sales and use taxes levied pursuant to law. The conditions are:
(1) The tax is approved by the majority of those voting in a referendum held pursuant to this Article.
(2) No other ballot question concerning the levy of a local sales and use tax authorized under Article 43 or Article 46 of this Chapter may be presented in the same referendum.
(3) If levied, the tax would not result in a total local sales and use tax rate in the county in excess of two and one‑half percent (2 1/2%).
(c) Referendum. – The board of commissioners of a county may direct the county board of elections to conduct an advisory referendum on the question of whether to levy a local sales and use tax in the county at a rate of one‑quarter percent (1/4%). The election shall be held in accordance with the procedures of G.S. 163‑287.
(d) Ballot Question. – The form of the question to be presented on a ballot for a special election concerning the levy of the tax authorized by this Article shall be:
"[ ] FOR [ ] AGAINST
Local sales and use tax at the rate of one‑quarter percent (1/4%) in addition to the current local sales and use taxes, to be used only for public education."
(e) One‑Half Cent (1/2%) Transit‑Authorized Counties. – As of April 1, 2013, Durham County and Orange County have levied a local sales and use tax at the rate of two and three‑quarters percent (2 3/4%). Notwithstanding subsection (a) of this section, the local sales and use tax rate in these counties may exceed two and one‑half percent (2 1/2%) if all of the conditions listed in this subsection are met. In no event may the local sales and use tax rate in these counties exceed two and three‑quarters percent (2 3/4%). The conditions are:
(1) The county levies a tax authorized under Part 4 of Article 43 of this Chapter.
(2) The county conducted one or more advisory referendums on or before January 1, 2014, in which a majority of the voters approved the levy of a local sales and use tax at the rate of one‑quarter percent (1/4%) under this Article.
(f) Reinstatement of Cap. – If the levy of a tax under Article 43 or Article 46 of this Chapter is repealed and the repeal results in the local sales and use tax rate falling below two and three‑quarters percent (2 3/4%) in a county named in subsection (e) of this section, the county may not enact a local sales and use tax under this Subchapter that results in a county local sales and use tax rate that exceeds two and one‑half percent (2 1/2%).
"§ 105‑513.3. Administration.
Except as provided in this Article, the adoption, levy, collection, administration, and repeal of these additional taxes must be in accordance with Article 39 of this Chapter. In applying the provisions of Article 39 of this Chapter to this Article, references to "this Article" mean Article 43A of Chapter 105 of the General Statutes. G.S. 105‑468.1 is an administrative provision that applies to this Article. A tax levied under this Article does not apply to the sales price of food that is exempt from tax pursuant to G.S. 105‑164.13B or to the sales price of a bundled transaction taxable pursuant to G.S. 105‑467(a)(5a). The Secretary shall not divide the amount allocated to a county between the county and the municipalities within the county.
"§ 105‑513.4. Use.
A county may use the proceeds of a tax levied under this Article only for the following purposes:
(1) Public school capital outlay purposes, as defined in G.S. 115C‑426(f), or to retire any indebtedness incurred by the county for these purposes.
(2) Salaries of classroom teachers, salaries of classroom teacher assistants, and supplements of classroom teacher salaries. For the purposes of this section, a classroom teacher is an employee of a local board of education employed as a teacher who spends at least seventy percent (70%) of his or her work time in classroom instruction, and a classroom teacher assistant is an employee of a local board of education employed as a teacher assistant who spends at least seventy percent (70%) of his or her work time assisting in a classroom.
(3) Financial support of community colleges, including funds to supplement State financial support of community colleges."
SECTION 32.20.(b) G.S. 115C‑429(b) reads as rewritten:
"(b) The board of county commissioners shall complete its action on the school budget on or before July 1, or such later date as may be agreeable to the board of education. The commissioners shall determine the amount of county revenues to be appropriated in the county budget ordinance to the local school administrative unit for the budget year. The board of county commissioners may, in its discretion, allocate part or all of its appropriation by purpose, function, or project as defined in the uniform budget format. For allocations made by the board of county commissioners for the purpose of or for a function related to instructional services, the board of county commissioners may direct the amount of funds to be used for salaries of classroom teachers, salaries of classroom teacher assistants, and supplements of classroom teacher salaries. For the purposes of this section, a classroom teacher is an employee of a local board of education employed as a teacher who spends at least seventy percent (70%) of his or her work time in classroom instruction, and a classroom teacher assistant is an employee of a local board of education employed as a teacher assistant who spends at least seventy percent (70%) of his or her work time assisting in a classroom."
SECTION 32.20.(c) G.S. 115C‑433(b) reads as rewritten:
"(b) If the board of county commissioners allocates
part or all of its appropriations pursuant to G.S. 115C‑429(b), the
board of education must obtain the approval of the board of county
commissioners for an amendment to the budget that (i) increases does
any of the following:
(1) Increases or decreases expenditures
from the capital outlay fund for projects listed in G.S. 115C‑426(f)(1)
or (2), or (ii) increases (2).
(2) Increases or decreases the amount of
county appropriation allocated to a purpose or function by twenty‑five
percent (25%) or more from the amount contained in the budget ordinance adopted
by the board of county commissioners: Provided, provided, that at
its discretion, the board may in its budget ordinance specify a lesser
percentage, so long as such percentage is not less than ten percent.percent
(10%).
(3) Decreases the amount of funds allocated for salaries of classroom teachers, salaries of classroom teacher assistants, and supplements of classroom teacher salaries. For the purposes of this section, a classroom teacher is an employee of a local board of education employed as a teacher who spends at least seventy percent (70%) of his or her work time in classroom instruction, and a classroom teacher assistant is an employee of a local board of education employed as a teacher assistant who spends at least seventy percent (70%) of his or her work time assisting in a classroom."
SECTION 32.20.(d) G.S. 115D‑55(a) reads as rewritten:
"(a) Approval of Budget by Local Tax‑Levying Authority. – By a date fixed by the local tax‑levying authority, the budget shall be submitted to the local tax‑levying authority for approval of that portion within its authority as stated in G.S. 115D‑54(b). On or before July 1, or such later date as may be agreeable to the board of trustees, but in no instance later than September 1, the local tax‑levying authority shall determine the amount of county revenue to be appropriated to an institution for the budget year. The local tax‑levying authority may allocate part or all of an appropriation by purpose, function, or project as defined in the budget manual as adopted by the State Board of Community Colleges. The local tax‑levying authority may direct the use of funds appropriated to the institution derived from a tax levied under Article 43A of Chapter 105 of the General Statutes.
The local tax‑levying authority shall have full authority to call for all books, records, audit reports, and other information bearing on the financial operation of the institution except records dealing with specific persons for which the persons' rights of privacy are protected by either federal or State law.
Nothing in this Article shall be construed to place a duty on the local tax‑levying authority to fund a deficit incurred by an institution through failure of the institution to comply with the provisions of this Article or rules and regulations issued pursuant hereto."
SECTION 32.20.(e) G.S. 115D‑58(b) reads as rewritten:
"(b) If the local tax‑levying authority
allocates part or all of an appropriation pursuant to G.S. 115D‑55,
the board of trustees must obtain approval of the local tax‑levying
authority for an amendment to the budget which increases does any of
the following:
(1) Increases or decreases the amount of that appropriation allocated to a purpose, function, or project by twenty‑five percent (25%) or more from the amount contained in the budget ordinance adopted by the local tax‑levying authority or such lesser percentage as specified by the local tax‑levying authority in the original budget ordinance, so long as such percentage is not less than ten percent (10%).
(2) Decreases the amount of the appropriation directed by the tax‑levying authority for a specific use from funds appropriated to the institution derived from a tax levied under Article 43A of Chapter 105 of the General Statutes."
SECTION 32.20.(f) Part 1 of Article 43 of Chapter 105 of the General Statutes is amended by adding a new section to read:
"§ 105‑506.4. Tax rate.
(a) Rate. – The rate of local sales and use tax in a county levying a tax under this Article must meet all of the following conditions:
(1) The maximum rate of tax that may be levied under this Article is one‑half percent (1/2%).
(2) The total local sales and use tax rate in the county may not exceed two and one‑half percent (2 1/2%).
(b) One‑Half Cent (1/2%) Transit‑Authorized Counties. – Notwithstanding subsection (a) of this section, the local sales and use tax rate of a county may exceed two and one‑half percent (2 1/2%) if all of the conditions listed in this subsection are met. In no event may a county's local sales and use tax rate exceed two and three‑quarters percent (2 3/4%). The conditions are:
(1) The county is Durham or Orange County.
(2) The county levies a tax authorized under Part 4 of this Article.
(3) The county conducted one or more advisory referendums on or before January 1, 2014, in which a majority of the voters approved the levy of a local sales and use tax at the rate of one‑quarter percent (1/4%) under Article 46 of this Chapter.
(c) Reinstatement of Cap. – If the levy of a tax under this Article or Article 46 of this Chapter is repealed and the repeal results in the local sales and use tax rate falling below two and three‑quarters percent (2 3/4%) in a county listed in subdivision (1) of subsection (b) of this section, the county may not enact a local sales and use tax under this Subchapter that results in a county local sales and use tax rate that exceeds two and one‑half percent (2 1/2%)."
SECTION 32.20.(g) G.S. 105‑509 reads as rewritten:
"§ 105‑509. Local election on adoption of sales and use tax – regional public transportation authority.
(a) Special District. – A regional public
transportation authority may create a special district that consists of the
entire area of one or more counties within its territorial jurisdiction and jurisdiction.
The transportation authority may levy on behalf of the special district the
tax authorized in this section. section in a county that held a
successful referendum under subsection (b) of this section. The proceeds of
a tax levied under this section may be used only for the benefit of the special
district and only for the purposes provided in this Article. If a referendum in
a district fails in all the counties in the district, the transportation
authority may abolish the special district.
(b) Resolution. – The board of trustees of the regional public transportation authority may, if all of the conditions listed in this subsection have been met, direct the respective county board or boards of elections to conduct an advisory referendum within the special district on the question of whether a local sales and use tax at the rate of one‑half percent (1/2%) may be levied within the district in accordance with this Part. The tax may not be levied without voter approval. The election shall be held on a date jointly agreed upon by the authority, the county board or boards of commissioners, and the county board or boards of elections and shall be held on a date permitted by and in accordance with the procedures of G.S. 163‑287. The conditions are as follows:
(1) The board of trustees has obtained approval to conduct a referendum on or before January 1, 2014, by a vote of the following:
a. A majority vote of each of the county boards of commissioners within the special district, if it is a multicounty special district.
b. A majority of the county board of commissioners within the special district, if it is a single‑county special district.
(2) A public hearing is held on the question by the board or boards of commissioners at least 30 days before the date the election is to be held.
(c) Ballot Question. – The form of the question to be presented on a ballot for a special election concerning the levy of a tax authorized by this Article shall be:
"[ ] FOR [ ] AGAINST
One‑half percent (1/2%) local sales and use taxes, in addition to the current local sales and use taxes, to be used only for public transportation systems."
(d) Expansion. – If a special district created under
this Part does not include all the counties in the territorial jurisdiction of
a transportation authority, it may be expanded to include an additional whole
county or counties by joint action of the board of trustees of the
transportation authority and the board of commissioners of the county or boards
of commissioners of the counties to be added, with the approval of the
voters in the county or counties to be added. The added if all of the
conditions listed in this subsection are met. Except as otherwise provided, the
procedure for expansion of a district is the same as for the initial creation
of the district, but the referendum shall be held separately within each of the
counties to be added. The conditions are:
(1) The county to be included in the special district levies a local sales and use tax authorized under Part 6 of this Article at the maximum rate of one‑half percent (1/2%).
(2) The county remits, on a monthly basis, the proceeds of the tax levied under Part 6 of this Article to the regional public transportation authority."
SECTION 32.20.(h) Part 5 of Article 43 of Chapter 105 of the General Statutes is repealed.
SECTION 32.20.(i) Part 6 of Article 43 of Chapter 105 of the General Statutes reads as rewritten:
"Part 6. Other Counties.
"§ 105‑511. Applicability.
This Part applies only in counties other than Durham, Forsyth,
Guilford, Mecklenburg, Orange, or Wake.or Orange.
"§ 105‑511.1.
Limitations.Authority.
A board of county commissioners may, by resolution and after 10 days' public notice, levy a local sales and use tax under this Article if all of the conditions listed in this subsection are met. The tax rate is the rate specified in the ballot plus any other State and local sales and use taxes levied pursuant to law. The conditions are:
(1) The tax is approved by the majority of those voting in a referendum held pursuant to this Article.
(2) No other ballot question concerning the levy of a local sales and use tax authorized under Article 43A or Article 46 of this Chapter may be presented in the same referendum.
(3) If levied, the tax would not result in a total local sales and use tax rate in the county in excess of two and one‑half percent (2 1/2%).
(4) A county may not levy a tax under this
Part unless the The county or at least one unit of local government
in the county operates a public transportation system. As used in this Part,
operation of a public transportation system includes a contract or interlocal
agreement for operation of the public transportation system by another county
or municipality, or by a transportation authority created under (i) a municipal
charter; or (ii) Article 25, 26, or 27 of Chapter 160A of the General Statutes.
As used in this Part, operation of a public transportation system also includes
a contract with a private entity for operation of the public transportation
system.
"§ 105‑511.2. Local election on adoption of sales and use tax.
(a) Resolution. – Referendum. – The
board of commissioners of a county may direct the county board of elections to
conduct an advisory referendum within the county on the question of whether a
local sales and use tax at the rate of one‑quarter percent (1/4%) may be
levied in accordance with this Part. Part subject to the conditions
in G.S. 105‑511.1. The election shall be held on a date jointly
agreed upon by the boards and shall be held on a date permitted by and in accordance
with the procedures of G.S. 163‑287. The board of commissioners
shall hold a public hearing on the question at least 30 days before the date
the election is to be held.
(b) Ballot Question. – The form of the question to be presented on a ballot for a special election concerning the levy of a tax authorized by this Article shall be:
"[ ] FOR [ ] AGAINST
One‑quarter percent (1/4%) local sales and use taxes, in addition to the current local sales and use taxes, to be used only for public transportation systems."
"§ 105‑511.3. Levy and collection of sales and use tax.
If the majority of those voting in a referendum held
pursuant to this Part vote for the levy of the tax, all of the
conditions in G.S. 105‑511.1 have been met, the board of
commissioners of the county may, by resolution, levy one‑quarter percent
(1/4%) local sales and use taxes in addition to any other State and local sales
and use taxes levied pursuant to law. Except as provided in this Part, the
adoption, levy, collection, administration, and repeal of these additional
taxes shall be in accordance with Article 39 of this Chapter. In applying the
provisions of Article 39 of this Chapter to this Part, references to "this
Article" mean "Part 6 of Article 43 of Chapter 105 of the General Statutes.
"§ 105‑511.4. Distribution and use of taxes.
(a) Distribution. – The Secretary shall, on a monthly basis, allocate to each taxing county the net proceeds of the tax levied under this Part by that county. If the Secretary collects taxes under this Part in a month and the taxes cannot be identified as being attributable to a particular taxing county, the Secretary shall allocate these taxes among the taxing counties, in proportion to the amount of taxes collected in each county under this Part in that month and shall include them in the monthly distribution.
The Secretary shall distribute the net proceeds of the tax levied by a county on a per capita basis among the county and the units of local government in the county that operate a public transportation system as follows:
(1) To the county based on the population of the county that is not in an incorporated area, and to the municipalities within the county based on the population of that municipality that is located within that county. To determine the population of each county and each municipality, the Secretary shall use the most recent annual estimate of population certified by the State Budget Officer.
(2) Notwithstanding subdivision (1) of this subsection, if a municipality to which funds are to be allocated neither operates nor contracts for the operation of a public transportation system, the population of that municipality shall be excluded from the calculations of subdivision (1) of this subsection.
(3) Notwithstanding subdivision (1) of this subsection, if a county to which funds are to be allocated neither operates nor contracts for the operation of a public transportation system, the population of that county not in an incorporated area shall be excluded from the calculations of subdivision (1) of this subsection.
If a county or a municipality that does not receive an allocation of funds on account of subdivision (2) or (3) of this subsection begins to operate or contract for the operation of a public transportation system, that county or municipality shall begin receiving funds beginning the first day of July that is more than 30 days thereafter.
(b) Use. – A county or municipality may use funds received under this Part only for financing, constructing, operating, and maintaining public transportation systems. Every unit of government shall use funds to supplement and not to supplant or replace existing funds or other resources for public transportation systems.
(c) Applicability. – This section does not apply to a county that is remitting the proceeds of a tax levied under this Part to a regional public transportation authority under Part 4 of this Article."
SECTION 32.20.(j) Article 46 of Chapter 105 of the General Statutes reads as rewritten:
"Article 46.
"One‑Quarter Cent (1/4¢) or One‑Half Cent (1/2¢) County Sales and Use Tax.
"§ 105‑535. Short title.
This Article is the One‑Quarter Cent (1/4¢) or One‑Half Cent (1/2¢) County Sales and Use Tax Act.
"§ 105‑536. Limitations.
This Article applies only to counties that levy the first one‑cent (1¢) sales and use tax under Article 39 of this Chapter or under Chapter 1096 of the 1967 Session Laws, the first one‑half cent (1/2¢) local sales and use tax under Article 40 of this Chapter, and the second one‑half cent (1/2¢) local sales and use tax under Article 42 of this Chapter.
"§ 105‑537. Levy.
(a) Authority. – If the majority of those voting in
a referendum held pursuant to this Article vote for the levy of the tax, the
board of county commissioners may, by resolution and after 10 days' public
notice, levy a local sales and use tax at a rate of one‑quarter percent
(0.25%).Rate. – The maximum rate of local sales and use tax that may be
levied under this Article is one‑half percent (1/2%).
(a1) Authority. – A board of county commissioners may, by resolution and after 10 days' public notice, levy a local sales and use tax under this Article if all of the conditions listed in this subsection are met. The tax rate is the rate specified in the ballot plus any other State and local sales and use taxes levied pursuant to law. The conditions are:
(1) The tax is approved by the majority of those voting in a referendum held pursuant to this Article.
(2) No other ballot question concerning the levy of a local sales and use tax authorized under Article 43 or Article 43A of this Chapter may be presented in the same referendum.
(3) If levied, the tax would not result in a total local sales and use tax rate in the county in excess of two and one‑half percent (2 1/2%).
(b) Vote. – Referendum. – The board of
county commissioners may direct the county board of elections to conduct an
advisory referendum on the question of whether to levy a local sales and use
tax in the county as provided in this Article. at a rate of one‑quarter
percent (1/4%). The election shall be held in accordance with the
procedures of G.S. 163‑287.
(c) Ballot Question. – The form of the question to be presented on a ballot for a special election concerning the levy of the tax authorized by this Article shall be:
"[ ] FOR [ ] AGAINST
Local sales and use tax at the rate of one‑quarter percent (0.25%) in addition to all other State and local sales and use taxes."
…
(e) One‑Half Percent (1/2%) Transit‑Authorized Counties. – As of April 1, 2013, Durham County and Orange County have levied a local sales and use tax at the rate of two and three‑quarters percent (2 3/4%). Notwithstanding subsection (a) of this section, the local sales and use tax rate in these counties may exceed two and one‑half percent (2 1/2%) if all of the conditions listed in this subsection are met. In no event may the local sales and use tax rate in these counties exceed two and three‑quarters percent (2 3/4%). The conditions are:
(1) The county levies a tax authorized under Part 4 of Article 43 of this Chapter.
(2) The county conducted one or more advisory referendums on or before January 1, 2014, in which a majority of the voters approved the levy of a local sales and use tax at the rate of one‑quarter percent (1/4%) under this Article.
(f) Reinstatement of Cap. – If the levy of a tax under this Article or Article 43 of this Chapter is repealed and the repeal results in the local sales and use tax rate falling below two and three‑quarters percent (2 3/4%) in a county named in subsection (e) of this section, the county may not enact a local sales and use tax under this Subchapter that results in a county local sales and use tax rate that exceeds two and one‑half percent (2 1/2%).
"§ 105‑538. Administration of taxes.
Except as provided in this Article, the adoption, levy, collection, administration, and repeal of these additional taxes must be in accordance with Article 39 of this Chapter. G.S. 105‑468.1 is an administrative provision that applies to this Article. A tax levied under this Article does not apply to the sales price of food that is exempt from tax pursuant to G.S. 105‑164.13B or to the sales price of a bundled transaction taxable pursuant to G.S. 105‑467(a)(5a). The Secretary shall not divide the amount allocated to a county between the county and the municipalities within the county."
SECTION 32.20.(k) G.S. 105‑164.3(4a) reads as rewritten:
"(4a) Combined general rate. – The sum of all of the following:
a. The State's general rate of tax set
in G.S. 105‑164.4(a) plus the G.S. 105‑164.4(a).
b. The sum of the rates of the local
sales and use taxes authorized for every county in this State by Subchapter
VIII Article 39 of this Chapter or Chapter 1096 of the 1967 Session
Laws, Article 40 of this Chapter, and Article 42 of this Chapter for
every county in this State.Chapter.
c. One‑half of the maximum rate of tax authorized by Article 46 of this Chapter."
SECTION 32.20.(l) Subsection (g) of this section is effective when it becomes law and applies to the expansion of a special district created under Part 4 of Article 43 of Chapter 105 of the General Statutes on or after that date. Except as otherwise provided, this section is effective when this act becomes law.
MISCELLANEOUS PROVISIONS AND EFFECTIVE DATE
SECTION 32.21.(a) This Part does not affect the rights or liabilities of a taxing county, a taxpayer, or another person arising under a statute repealed by this Part before the effective date of its repeal, nor does it affect the right to any refund or credit of a tax that accrued under the repealed statute before the effective date of its repeal.
SECTION 32.21.(b) The Secretary of Revenue may adopt rules needed to administer G.S. 105‑130.4, as amended by this act, in accordance with the expedited procedure for the adoption of rules in G.S. 105‑262.1.
SECTION 32.21.(c) The Utilities Commission shall adjust the rates for public utilities, excluding water public utilities with less than two hundred thousand dollars ($200,000) in annual operating revenues, for the tax changes listed in this section. Each utility shall calculate the cumulative net effect of the tax changes and file the calculations with proposed rate changes to reflect the net prospective tax changes in utility customer rates within 60 days of the enactment of this act. Any adjustments required to existing tax assets or liabilities reflected in the utility's books and records required by the tax changes listed in this section shall be deferred and reflected in customer rates in either the utility's next rate case or earlier if deemed appropriate by the Commission. The Commission shall adjust rates for the following changes:
(1) The corporate income tax rate reduction and tax base expansion in Section 32.13 of this act.
(2) The phase‑in of single sales factor and the adoption of market‑base sourcing in Section 32.14 of this act.
(3) The franchise tax rate reduction and tax base simplification in Section 32.15 of this act.
SECTION 32.21.(d) Except as otherwise provided, this Part is effective when it becomes law.
PART XXXIII. MISCELLANEOUS PROVISIONS
SECTION 33.1. The provisions of the State Budget Act, Chapter 143C of the General Statutes, are reenacted and shall remain in full force and effect and are incorporated in this act by reference.
SECTION 33.2.(a) The Senate Committee on Appropriations/Base Budget Report on the Base, Expansion and Capital Budgets for House Bill 97, dated June 16, 2015, which was distributed in the Senate and used to explain this act, shall indicate action by the General Assembly on this act and shall, therefore, be used to construe this act, as provided in the State Budget Act, Chapter 143C of the General Statutes, as appropriate, and for these purposes shall be considered a part of this act and, as such, shall be printed as a part of the Session Laws.
SECTION 33.2.(b) The budget enacted by the General Assembly is for the maintenance of the various departments, institutions, and other spending agencies of the State for the 2015‑2017 biennial budget as provided in G.S. 143C‑3‑5. This budget includes the appropriations of State funds as defined in G.S. 143C‑1‑1(d)(25).
The Director of the Budget submitted a recommended base budget to the General Assembly on March 5, 2015, in the document "The Governor's Recommended Budget, the State of North Carolina 2015‑2017" and in the Budget Support Document for the various departments, institutions, and other spending agencies of the State. The adjustments to these documents made by the General Assembly are set out in the Committee Report.
SECTION 33.2.(c) The budget enacted by the General Assembly shall also be interpreted in accordance with G.S. 143C‑5‑5, the special provisions in this act, and other appropriate legislation. In the event that there is a conflict between the line‑item budget certified by the Director of the Budget and the budget enacted by the General Assembly, the budget enacted by the General Assembly shall prevail.
REPORT BY FISCAL RESEARCH DIVISION
SECTION 33.3. The Fiscal Research Division shall issue a report on budget actions taken by the 2015 Regular Session of the General Assembly. The report shall be in the form of a revision of the Committee Report adopted for House Bill 97 pursuant to G.S. 143C‑5‑5. The Director of the Fiscal Research Division shall send a copy of the report issued pursuant to this section to the Director of the Budget. The report shall be published on the General Assembly's Internet Web site for public access.
MOST TEXT APPLIES TO THE 2015‑2017 FISCAL BIENNIUM
SECTION 33.4. Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015‑2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015‑2017 fiscal biennium.
SECTION 33.5. The headings to the Parts, subparts, and sections of this act are a convenience to the reader and are for reference only. The headings do not expand, limit, or define the text of this act, except for effective dates referring to a Part or subpart.
SECTION 33.6. If any section or provision of this act is declared unconstitutional or invalid by the courts, it does not affect the validity of this act as a whole or any part other than the part so declared to be unconstitutional or invalid.
SECTION 33.7. Except as otherwise provided, this act becomes effective July 1, 2015.