Bill Summaries: H602 (2021)

Tracking:
  • Summary date: Jul 8 2021 - View summary

    AN ACT TO MAKE CHANGES TO THE LAWS GOVERNING THE UNIVERSITY OF NORTH CAROLINA TO EXEMPT FINANCE, BUSINESS OFFICE, AND AUDITOR PROFESSIONALS FROM MOST PROVISIONS OF THE NORTH CAROLINA HUMAN RESOURCES ACT; TO CONSOLIDATE AND ELIMINATE CERTAIN REPORTS; TO CODIFY CAPITAL PROJECT REPORTING REQUIREMENTS; AND TO PROVIDE THE UNIVERSITY OF NORTH CAROLINA FLEXIBILITY TO ADDRESS BUDGETARY AND OTHER IMPACTS OF COVID-19 THROUGH EARLY RETIREMENT INCENTIVES, REDUCTION IN FORCE APPROVAL AUTHORITY, AND AUTHORITY TO PROVIDE STATE HEALTH PLAN PREMIUM PAYMENTS FOR CERTAIN EMPLOYEES PLACED ON EMERGENCY TEMPORARY FURLOUGHS. SL 2021-80. Enacted July 8, 2021. Effective July 8, 2021. Section 4 of this act applies to capital projects authorized before, on, or after that date.


  • Summary date: Jun 22 2021 - View summary

    Senate amendment adds the following to the 4th edition.

    Deletes the proposed repeal of Section 10(d) of SL 2011-185, which requires that UNC report annually on research collaborations addressing the behavioral health problems and challenges facing military personnel, veterans, and their families. Instead, amends statutory law, GS 127B-20. Repeals subsection (d), which requires that the UNC System Office report annually on research collaborations addressing the behavioral health problems and challenges facing military personnel, veterans, and their families.

    Eliminates the proposed changes to Section 1.2 of SL 2010-148 that no longer required UNC and its constituent institutions to annually report its projects let without a performance or payment bond and their defaults to the specified NCGA committee. Instead, amends statutory law, GS 143-129, to no longer require UNC and its constituent institutions to annually report its projects let without a performance or payment bond and their defaults to the specified NCGA committee.


  • Summary date: Jun 16 2021 - View summary

    Senate committee substitute makes the following changes to the 3rd edition.

    Instead of amending Section 10(d) of SL 2011-185, deletes Section 10(d) entirely, thereby eliminating the requirement that UNC report annually on research collaborations addressing the behavioral health problems and challenges facing military personnel, veterans, and their families.

    No longer makes changes to GS 116-143.3A, concerning the waiver of the 12-month residency requirement for tuition at institutions of higher education for certain veterans and other individuals.

    No longer amends GS 122C-430 to allow the Secretary of the Department of Health and Human Services to designate one or more special police officers to make up a joint security force to enforce State law, ordinances and regulations on the Morganton campus of the NC School of Science and Mathematics. 

    Adds the following content.

    Part V.

    Allows the UNC Board of Governors (BOG) to authorize the adoption of an early retirement incentive program to provide long-term cost savings to UNC and improved operational efficiencies for UNC to remain in effect until December 31, 2022. Directs the UNC System Office to develop policies and regulations for the program, including four requirements provided, such as program eligibility criteria based on retirement plan and severance payment parameters. Requires the UNC System Office to report to the specified State department and NCGA division on implementation of the program, as specified, by October 1, 2021, and December 1, 2022, as applicable. Sunsets the provisions on December 31, 2022.

    Part VI.

    Enacts GS 116-14(b3) to authorize the UNC President to approve a reduction in force for positions subject to the Human Resources Act (HRA), including reorganization and payment of severance with non-State funds, without further approval by any other State agency, so long as reduction is in accordance with the policies of the Office of State Human Resources. Allows for delegation of the authority granted to chancellors of constituent institutions. Requires annual reporting to the Office of State Human Resources. Requires preapproval of severance payments with State funds by the Office of State Budget and Management. 

    Part VII.

    Authorizes the BOG to allocate non-State funds to pay for the employee portions of monthly premiums in the State Health Plan for Teachers and State Employees (SHP) that would have been paid if the participating employee is currently on an emergency furlough which places the employee below half-time employment for a calendar month. Caps BOG payment at 12 months for the period between June 1, 2020, and December 31, 2021. Bars requiring employees to reimburse UNC for any premiums paid under the section.

    Makes conforming changes to the act's title.


  • Summary date: Apr 28 2021 - View summary

    House committee substitute makes the following changes to the 2nd edition.

    Adds new Part IVA. as follows. Amends GS 122C-430 to allow the Secretary of the Department of Health and Human Services to designate one or more special police officers to make up a joint security force to enforce state law, ordinances and regulations on the Morganton campus of the NC School of Science and Mathematics, with the same enforcement authority as those joint security forces established for the other territories identified in existing law. Makes conforming changes to the act's long title. 


  • Summary date: Apr 22 2021 - View summary

    House committee substitute makes the following changes to the 1st edition.

    Part II.

    Deletes proposed subsection (e) to GS 143-133.1, which prohibited requiring UNC to report to the Secretary of Administration upon contracting with a construction manager at risk, design-builder, or private developer under a public-private partnership as required by subsection (a); exempted UNC from the Secretary's rules adopted to implement subsection (a); and directed the UNC Board of Governors (BOG) to adopt rules to implement the statute for UNC which were to include annual reporting by constituent institutions to the BOG and reporting to the Secretary of Administration within 12 months of the date of beneficial occupancy of the project. Instead, enacts new subsection (b1) directing the BOG to adopt rules to implement the provisions of the statute for UNC, including format and frequency of reporting, which require constituent institutions to annually report the information required by subsection (a) to the BOG.

    Adds a new Part to the act as follows.

    Enacts GS 143C-8-14 to establish reporting requirements for capital projects, defined as any capital improvement funded in whole or in part by State funds, including receipts, non-General Fund sources, or statutorily or constitutionally authorized indebtedness of any kind, that is not complete and is authorized by the General Assembly for a total project cost of at least $10 million. Requires biannual reports to be submitted to the specified NCGA committee and division by (1) the Office of State Budget and Management (OSBM) on the status of capital projects funded from the State Capital Infrastructure Fund or other State Funds, and (2) each State agency on the status of agency capital projects funded from non-State funds. Additionally requires quarterly reporting by State agencies on the status of agency capital projects to OSBM. Details required content of the reports. Directs the State Construction Office to annually report to the specified NCGA committee and division on (1) the status of the Facilities Condition Assessment Program (FCAP), as specified, and (2) 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, as specified. 

    Makes conforming organizational changes and changes to the act's long title. 


  • Summary date: Apr 19 2021 - View summary

    Part I.

    Expands GS 126-5(c1) to exempt finance professionals, business office professionals, and auditor professionals, of the University of North Carolina (UNC) from the provisions of GS Chapter 126 (the NC Human Resources Act), except for Articles 6 and 7, which govern equal employment and opportunity and confidentiality of personnel records, respectively. 

    Part II.

    Eliminates and modifies a variety of reporting by UNC as follows.

    Repeals required reporting by specified schools of medicine and State-operated health professional schools of their plans for residents to enter primary care disciplines, reach goals set by the Board of Governors (BOG) for graduates entering primary care disciplines, or increase the percentage of graduates entering clinical programs and careers in primary care, as specified, to the BOG, as set forth in GS 143-613. Beginning April of 2022, requires the BOG to certify data on graduates, their residencies and clinical training programs, and subsequent careers by April 15 of each calendar year (was, November 15) to the specified NCGA division and committee.

    Amends GS 143C-9-4 to exclude UNC from the Office of State Budget and Management's biennial report on fees charged by State entities.

    Amends GS 116-11, adding to the required content of the BOG's annual report to the specified NCGA committees and divisions regarding necessary actions and adjustments to budgetary policies, regulations and standards resulting from the Current Operations Appropriations Act for the administration and operation of UNC and the distribution of State and federal funds to constituent institutions. Now requires inclusion of (1) the total amount of mandatory student fee revenue collected by institution and fee type; (2) any source of student auxiliary revenue that represents greater than 10% of the overall student auxiliary revenue by institution and revenue type; and (3) any source of sales revenue that represents greater than 10% of the overall sales revenue by institution and sales revenue type. 

    Revises the reporting requirement of the UNC System Office (previously, known as the General Administration of UNC) under Section 10 of SL 2011-185. Now requires the System Office to annually report, beginning July 1, 2021, to the House Homeland Security, Military, and Veterans Affairs Committee (was, the Joint Legislative Oversight Committee and House and Senate Appropriations Subcommittees on Health and Human Services) on research collaborations addressing the behavioral health problems and challenges facing military personnel, veterans, and their families.

    Repeals UNC's reporting requirements under GS 116-74.21(c) (regarding a determination of the number of school administrators to be trained in school administrator programs based on supply and demand), GS 116-41.32 (regarding Future Teachers of North Carolina), and Section 9.7(c) of SL 2008-107 (regarding the UNC-NCCCS 2+2 E-Learning Initiative). Revises GS 116-11(12d) to require the BOG to provide a comprehensive annual report on educator preparation efforts at UNC, including information on educator education and recruitment initiatives to improve educator quality, student success measures, and strategic research and related efforts, by October 15, to the specified NCGA committee, with a copy of the report provided to the State Board of Education (was, focused on teacher education efforts, and due annually by April 15 to the NCGA committee and the State Board). 

    Repeals GS 66-58(h), which requires UNC institutions and entities to consult with the Joint Legislative Commission on Governmental Operations before issuing debt or executing a contract for a golf course or for any transient accommodations facility, including a hotel or motel.

    Prohibits requiring the UNC System Office from annually reporting to the specified NCGA committee on the use of funds from the UNC President's Strategic Initiative Reserve. Requires the UNC System Office to instead make the information available upon request to the NCGA Fiscal Research Division. 

    Repeals GS 116-30.7, which requires biennial reporting by the UNC System Office of enrollment growth for UNC.

    Modifies Section 1.2 of SL 2010-148 to no longer require UNC and its constituent institutions to annually report its projects let without a performance or payment bond and their defaults to the specified NCGA committee. 

    Enacts new subsection (e) to GS 143-133.1 to prohibit requiring UNC to report to the Secretary of Administration upon contracting with a construction manager at risk, design-builder, or private developer under a public-private partnership as required by subsection (a), and exempts UNC from the Secretary's rules adopted to implement subsection (a). Directs the BOG to adopt rules to implement the statute for UNC, including the format and frequency of reporting, with constituent institution annually reporting the information required in subsection (a) to the BOG and within 12 months of beneficial occupancy of the project, the Secretary of Administration, in accordance with subsection (c).

    Part III.

    Amends GS 116-143.3A, which provides for in-State tuition for veterans and their dependents for enrollment in an institution of higher education, to the extent required by specified federal law, without satisfying the 12-month residency requirements, if the individual meets specified criteria. Eliminates subsection (d), which provides for continued eligibility for in-State tuition if the individual remains continuously enrolled after the expiration of the three-year period following discharge as described in specified federal law.