Bill Summaries: H97 (2015-2016 Session)

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  • Summary date: Sep 21 2015 - View summary

    AN ACT TO MAKE BASE BUDGET APPROPRIATIONS FOR CURRENT OPERATIONS OF STATE DEPARTMENTS, INSTITUTIONS, AND AGENCIES, AND FOR OTHER PURPOSES. Enacted September 18, 2015. Effective July 1, 2015, except as otherwise provided.


  • Summary date: Sep 15 2015 - View summary

    The conference report makes various changes to the 7th edition. We will not be including a summary of the conference report to the Appropriations Act. For the content of the bill, please follow the View NCGA Bill Details link located above. Further information on the budget, including the committee report, can be found on the "News" section of the General Assembly's website at: http://www.ncleg.net/gascripts/News/NewsArchive.pl


  • Summary date: Jun 18 2015 - View summary

    Senate amendments make the following changes to the 6th edition, as amended.

    Part XXI.  Department of the State Treasurer

    Section 21.3 

    Amendment #27 authorizes the Department of State Treasurer to use up to $559,000 of the allocations to the Retirement for Fire and Rescue Squad Workers to fund an audit of the employment and membership history of the Firefighter's and Rescue Squad Workers' Pension Fund. Further provides that the funds can be used to upload the results of the audit into the ORBIT system and to update data collection and processes involving agency turnaround documents as recommended by the Program Evaluation Division. Makes conforming changes. 

    Part XX. Department of Insurance

    Section 20.1

    Amendment #28 enacts GS 58-3-181, Synchronization of prescription refills, requiring every health benefit plan that provides prescription drug coverage to provide for a program for the synchronization of medication when the insured, the provider, and pharmacist agree that synchronization for the treatment of a chronic illness is in the best interest of the insured. Sets out six requirements for medications, that once met, requires the health benefit plan above to provide for synchronization, including that the medications are covered by the clinical coverage policy and the medications are not a Schedule II controlled substance or a Schedule III controlled substance containing hydrocodone. Provides that health benefit plans must, when applicable to allow synchronization, apply a prorated daily cost-sharing rate to medication dispensed by network pharmacies and prohibits the prorating of any dispensing fee in lieu of basing the fee on an individual prescription filled or refilled. Sets out definitions for use in the section.  Effective January 1, 2016, applying to insurance contracts issued, renewed, or amended on or after that date.

    Part V. Other Appropriations

    Section 5.2

    Amendment #29 enacts GS 18C-174, Use of public assistance funds, prohibiting the North Carolina State Lottery Commission (Commission) and lottery game retailers from accepting public assistance funds for the purchase of lottery tickets or for participation in any lottery game. Directs the Commission to adopt any rules necessary to implement the provisions of this section. 


  • Summary date: Jun 17 2015 - View summary

    Senate amendments make the following changes to the 6th edition.

    Part XXXI. Capital Appropriations

    Section 31.14.(a)

    Amendment #1 provides that one of the requirements that a state agency undertaking a repair and renovation project must satisfy, regardless of GS 143C-8-7 (when a state agency may begin a Capital improvement project) is the project must be one of the project types set out in GS 143C-4-3(b)(1) through (12), regardless of whether the relevant state facilities and related infrastructure are supported from the General Fund. Previously required that the project satisfy the requirements of GS 143C-4-3(b).

    Part XXXII. Finance Provisions

    Section 32.11

    Amendment #2 amends GS 143B-437.53(a) regarding the minimum standards for eligible positions for a business applying to the Economic Investment Committee (Committee) for a grant under the Job Development Investment Grant Program (Job Development Program). Removes language from GS 143B-437.53(a) which provided that if a project is located in more than one area designation, the location with the highest area designation determines the minimum number of eligible positions that must be created. Amends the number of eligible positions for the Area Designation of Major Market Community to 200 (was, 250).

    Adds a new Section 32.11.(e1), which enacts new GS 143B-437.56A in Article 10 of GS Chapter 143B. Moves language deleted from GS 143B-437.53(a), regarding a project located in more than one development tier area, to subsection (a) of new GS 143B-437.56A. Provides an exception to subsection (a) in GS 143B-437.56A(b), under which the location with the lowest development tier area designation determines the percentage of the annual grant approved for disbursement payable to the Utility Account under GS 143B-437.61, providing that the project meets certain specified criteria.

    Amends GS 143B-437.56(e), regarding calculating minimum and maximum grants under the Job Development Program, to provide that a business receiving any other grant by operation of state law cannot receive an amount as a grant under this Part that when combined with any other grants is more than the applicable maximum percentage (was, more than 75%) of the withholding of the business as provided in subsections (a) and (a1) of GS 143B-437.56 unless the Committee makes an explicit finding that the additional grant is required to secure the project.

    Part XXXIII. Miscellaneous Provisions

    Section 33.2

    Amendment #3 makes a technical correction to indicate that the date for the Senate Committee on Appropriations/Base Budget Report on the Base, Expansion and Capital Budgets for House Bill 97 is June 17, 2015 (was, June 16, 2015).

    Part XXVII. Department of Administration

    Section 27.3

    Amendment #6 rewrites subsection (i) of GS 20-28.3 to delete changes and reinstate previously deleted language regarding the expedited sale of seized motor vehicles in certain cases.

    Part XVIII. Judicial Department

    Section 18A.14

    Amendment #8 provides that new GS 7A-146.1, as enacted in this act, becomes effective October 1, 2015.

    Part XII. Department of Health and Human Services

    Section 12C.10

    Amendment #11 makes multiple changes as follows.

    GS 108A-25 provides that any federally recognized Native American tribe within North Carolina that assumes responsibilities for the administration of the NC Medicaid program, NC Health Choice, and the Supplemental Nutrition Assistance Program (SNAP) must execute an agreement with the state that sets out the general terms, definitions, and conditions under which the parties are to operate, including employment standards equivalent to current standards for a Merit System of Personnel Administration or any later standards prescribed by the Office of Personnel Management under section 208 of the Intergovernmental Personnel Act of 1970 for the individuals who will be responsible for the tribe's duties and responsibilities under the agreement. Amends GS 108A-25 to provide that an exemption to the prescribed personnel standards may be obtained from the federal government.

    Deletes provision regarding either party's right to terminate the agreement without cause. Also deletes the provision conferring oversight authority to the Department of Health and Human Services (DHHS) for all federal protections for individuals living on federal reservations held in trust by the United States until the Administration for Children and Families (AFC) has approved the Eastern Band of Cherokee Indians to administer these programs.

    Adds provision requiring DHHS to adopt funding flexibility for Indian Health Services, when possible and as allowed by the federal government, and when such flexibility furthers goals addressing health disparities among American Indians.

    Amends GS 108A-87(c) to provide that nothing in this section is to be construed to prevent the Eastern Band of Cherokee Indians from providing additional non-federal matching funds to maximize their receipt of federal funds.

    Amends provision regarding the appropriation of funds to the DHHS information technology budget to require that the funds be deposited to the information technology budget within 30 days of the effective day of this act.

    Directs DHHS, Division of Medical Assistance, to submit the state plan amendment (SPA) and any responses to the Centers for Medicare and Medicaid Services (CMS) requests for additional information to the Eastern Band of Cherokee Indians for review prior to submission to CMS for approval.

    Rewrites provision to require the DHHS to begin design, development, testing, and training of NC FAST, NCTracks, and legacy systems to allow the Eastern Band of the Cherokee Indians to assume certain administrative duties as soon as practicable but no later than approval by CMS, USDA, and ACF of the APDU (Advance Planning Document Update).

    Adds new Section 12C.10.(f1) to require that DHHS, in collaboration with the Eastern Band of Cherokee Indians, draft a project plan to meet the October 1, 2016, effective date required by subsection (d) of this section. Requires DHHS to report on the project plan to the Joint Legislative Oversight Committee on Health and Human Services on or before October 1, 2015.

    Section 12H.6A

    Amendment #14 makes a change to Section 12H.6A, amending the date for DHHS, Division of Medical Assistance, in consultation with the Department of Public Safety, to submit a report to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division analyzing the fiscal impact of reinstating Medicaid coverage for visual aids for adults to November 1, 2015 (was, October 1, 2015).

    Part XXXII. Finance Provisions

    Section 32.20

    Amendment #16 deletes all changes to GS 105-509 (regarding local elections on the adoption of sales and use tax to be used only for public transportation systems). Amends GS 105-511 to again include Wake County among the counties identified as those to which Part 6 of Article 43 of GS Chapter 105 applies. Deletes GS 105-511.4(c), which provided that the statute (concerning the distribution and use of the taxes) did not apply to a county remitting the proceeds of a tax levied under Part 6 to a regional public transportation authority.

    Replaces the content of Section 32.20.(l) to provide that regardless of Article 14B of GS Chapter 136, no state funds may be used for light rail projects located in Wake County if Wake County authorizes levying a one-half cent local sales and use tax under Part 4 of Article 43 of GS Chapter 105 (was, identified when specified sections of this act become effective). Adds subsection (m) to Section 32.20 of this act to provide that this section is effective when this act becomes law.

    Part VII. Information Technology

    Section 7.17

    Amendment #18 reorganizes Section 7.17, dividing provisions into subdivisions for clarity and readability. Directs the State Chief Information Officer (State CIO) in coordination with the State Controller and the Office of State Budget and Management(OSBM), to prioritize Information Technology Modernization (was, Digital Commons Information Technology Modernization funding) and other available funds as specified in this section. Adds that the State CIO is to coordinate with counties, cities, and local education agencies to facilitate the posting of their respective budgetary and spending data on their respective websites and to provide the data to the Local Government Commission (LGC). Directs the LGC to work with the State CIO to post data on the LGC's Internet website in a consistent manner that allows comparisons between the local entities providing data under subdivision (2) of subsection (a) of this section. Makes conforming changes.

    Part XXX. Salaries and Benefits

    Section 30.30A

    Amendment #20 adds a new section that amends GS 135-151 and GS 128-38.10 to provide that no member of the Teachers' and State Employees' Retirement System or the North Carolina Local Governmental Employees' Retirement System retiring on or after August 1, 2016 (was, January 1, 2015) is eligible to participate in the Qualified Excess Benefit Arrangement (QEBA) and the system must not pay any new retiree more benefits than allowed under section 415(b) of the Internal Revenue Code.

    Requires the Department of State Treasurer, before January 1, 2016, to inform all active employees whose total benefits might be affected by the sunset of the QEBA about the potential impact and explain the options for avoiding the impact.

    Part VIII. Public Schools

    Section 8.25

    Amendment #22 amends GS 115C-12 to reinstate the report by the State Board of Education, beginning in 2016, to the Joint Legislative Education Oversight Committee on the reports that are required at the state level, the evaluation and determination for continuing individual reports, and any reports that it has consolidated or eliminated for the upcoming school year. Reduces the frequency of the report from every year to each even-numbered year.

    Section 8.44

    Amendment #23 adds a new section that repeals GS 115C-50, which required all members of local boards of education to have a minimum of 12 clock hours of training annually.

    Part XXIV. Department of Military and Veterans Affairs

    Section 24.4

    Amendment #25 adds a new section, requiring $25,000 for 2015-16 and $25,000 for 2016-17 of the funds transferred to the Department of Military and Veterans Affairs as part of the transfer of central administrative and field operations staff from the Department of Administration be used to create a grant in aid program to assist veterans with activities provided through the Project Healing Waters Fly Fishing program.

    Part XI. Universities

    Section 11.22

    Amendment #26 adds a new section reducing the funds to be allocated the UNC-CH School of Law by $3 million in recurring funds for fiscal years 2015-16 and 2016-17. Increases the funds allocated to the Mountain Area Health Education Center (MAHEC) for surgery and family medicine residencies in the MAHEC service area by $3 million in recurring funds for fiscal years 2015-16 and 2016-17. Makes conforming changes.


  • Summary date: Jun 16 2015 - View summary

    Senate committee substitute, as amended, makes various changes to the 5th edition. We will not be including a summary of the Appropriations Act. For the content of the bill, please follow the View NCGA Bill Details link. Further information on the budget, including the committee report, can be found on the “News” section of the General Assembly’s website at: http://www.ncleg.net/gascripts/News/NewsArchive.pl.


  • Summary date: May 22 2015 - View summary

    House amendments make the following changes to the 4th edition, as amended.

    Part VI. General Provisions

    Section 6.12

    Amendment #59 adds a new section requiring that $20,615 for 2015-16 and $41,854 for 2016-17 of the funds appropriated in the act for a Pending Legislation Reserve be used to provide three scholarships for members of the Wounded Warrior Program to complete a motorsports technology, motorsports management, race car technology, or similar program or concentration at a community college in this state, a constituent institution of the University of North Carolina, or NASCAR Technical Institute Inc. during the 2015-16 fiscal year and an additional three scholarships during the 2016-17 fiscal year. Allows the State Education Assistance Authority (Authority) to use up to 3.5% to administer the scholarships with the remainder required to be used for the scholarships. Prohibits the maximum amount of a scholarship awarded to attend the NASCAR Technical Institute Inc. from exceeding the maximum amount that can be awarded for a scholarship to attend a community college at in-state tuition rates in this state. Requires the Authority to select the three recipients of the scholarships, and states the General Assembly’s intent that the recipients be North Carolinians with long-term, enduring connections to the state. Sets out eligibility requirements. Requires $20,000 for 2015-16 and $20,000 for 2016-17 of the funds appropriated in the act for a Pending Legislation Reserve to be used to market the availability of the scholarships to members of the specified programs. Provides that this section is effective only if House Bill 369 or substantially similar legislation becomes law. Makes conforming changes.

    Part XIV. Department of Environment and Natural Resources

    Section 14.19

    Amendment #58 adds a new section that does the following. Amends GS 143-215.94B by adding a new subsection (j) concerning the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund, providing that a contamination assessment plan and cost estimate for testing costs associated with soil and groundwater assessments must be submitted to the Department of Environment and Natural Resources in order to be eligible for reimbursement from the fund. Provides that the Department of Environment and Natural Resources cannot authorize any assessment activity unless the least-cost method is proposed for the activity. Also amends GS 143-215.94D by adding a new subsection (i) concerning the Noncommercial Leaking Petroleum Underground Storage Tank Cleanup Fund, providing that a contamination assessment plan and cost estimate for testing costs associated with soil and groundwater assessments must be submitted to the Department of Environment and Natural Resources in order to be eligible for reimbursement from the fund. Provides that the Department of Environment and Natural Resources cannot authorize any assessment activity unless the least-cost method is proposed for the activity.

    Directs the Department of Environment and Natural Resources to develop an informal dispute resolution process for those eligible for reimbursement as provided above to work with the Department to resolve least cost methodology disputes in the contamination assessment plan approval process. Specifies what the process must include. Also requires the Department to review and revise its procedures for reimbursement of soil and groundwater assessment as specified. Requires the Department to report its findings and recommendations to the Environmental Review Commission no later than May 1, 2016. 

    Part XXI. Department of the State Treasurer

    Section 21.2

    Amendment #56 adds a new section that directs the Department of the State Treasurer (Department) to use $350,000 of the funds appropriated to the Department for its Information Services account for the 2015-16 fiscal year to complete the funding for a data unit to establish a lapse assumption for the valuation of the Fire and Rescue Squad Workers Pension Fund.

    Requires that conforming changes be made to adjust the appropriate totals accordingly.

    Amendment #57 adds a new section that directs the Department of State Treasurer, Retirement Systems Division (Retirement Division), to create four full-time equivalent (FTE) positions to staff an administrative unit within the Retirement Division to administer the Achieving a Better Life Experience (ABLE) Program Trust. Identifies the task of this unit as administering the ABLE Program to enable contributors to save money to meet the costs of the qualified disability expenses of eligible individuals.

    Provides that regardless of any other provisions of this act, the funds appropriated in this act for Pending Legislation in the Statewide Reserves is reduced by $935,000 for the 2015-16 fiscal year and $595,000 for the 2016-17 fiscal year to establish a Statewide Reserve for the ABLE Program. Specifies how the funds appropriated to the Statewide Reserve for the ABLE Program are to be allocated. Provides that this appropriation will not revert to the General Fund unless the ABLE Program Trust is not implemented by December 31, 2018. Provides that this section is only effective if House Bill 556, Achieving a Better Life Experience Act, 2015 Regular Session, or similar legislation becomes law.

    Requires that conforming changes be made to adjust the appropriate totals accordingly.

    Part. XXIX Department of Transportation

    Section 29.16

    Amendment #61 amends Section 29.16 regarding the allocation of contraction resurfacing funds for fiscal years 2015-16 and 2016-17 to the Department of Transportation (Department) to require the Department to allocate the funds to each county in the state based on pavement condition scores formulated by the Department (was, provided that the funds be allocated equally to each county).

    Part XXXI. Capital Projects

    Section 31.5

    Amendment #60 adds Section 31.5(e) requiring that $200,000 of the funds allocated to the UNC Board of Governors in 31.5(a) for 2015-16 be used for repairs to the World War Memorial Stadium at North Carolina Agriculture and Technical State University. 


  • Summary date: May 21 2015 - View summary

    House amendments make the following changes to the 4th edition.

    Part II. Current Operations and Expansion General Fund

    Section 2.2

    Amendment # 47 amends appropriated amounts for specified universities and updates amounts calculated as comprising  (1) the Unappropriated Balance Remaining from the Previous Year of the General Fund, (2) Beginning Unreserved Fund Balance, and (3) the Total General Fund Availability. Also amends amounts and totals contained in the section concerning Adjustments to Availability for the 2015 Session. Provides that $220,555,445 for fiscal year 2015-16 and $221,589,340 for fiscal year 2016-17 will be transferred from the Highway Fund to the General Fund. 

    Part V. Other Appropriations

    Section 5.2

    Amendment #42 adds a section that amends GS 18C-102 concerning the purpose of the establishment of the State-operated lottery, providing that the lottery is established in order to generate funds only for public and private prekindergarten programs, need-based scholarships for students attending public and private colleges and universities, as well as other public education purposes. Makes conforming changes to GS 18C-164(c), concerning the annual transfer of the net revenue of the Education Lottery Fund.

    Part VI. General Provisions

    Section 6.12

    Amendment #7 allows the Department of Public Safety to use $2 million of the funds appropriated to the State Emergency Response Account to provide funds to the seven regional search and rescue teams. Requires funds made available by this section to be matched dollar for dollar by local funds.  Makes conforming changes. 

    Amendment #35 adds a new section reducing the appropriation to a Reserve for Pending Legislation in the act by $750,000 for 2015-16. Requires that $750,000 of the funds appropriated in the act in nonrecurring funds for 2015-16 be used to establish a reserve in the Office of State Budget and Management for toxicology outsourcing in the State Crime Laboratory.

    Amendment #41 reduces the appropriation in this act to the Reserve for Pending Legislation by $2.5 million in nonrecurring funds for the 2015-16 fiscal year and by the same amount in nonrecurring funds for the 2016-17 fiscal year. Provides the $2.5 million in nonrecurring funds for fiscal year 2015-16 and $2.5 million in nonrecurring funds for fiscal year 2016-17 are to be used to establish a reserve in the Office of State Budget and Management (OSBM) to provide matching grants to local and county law enforcement agencies to purchase and place body-worn video cameras in service, and for training and related expenses.

    Directs the OSBM to administer the grant fund. Requires the OSBM, in consultation with the Governor’s Crime Commission, to develop guidelines and procedures for administering and distributing the grants to the local and county law enforcement agencies. Specifies requirements and limitations to be included in the guidelines and procedures. Requires the OSBM to submit the following reports to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety and to the chairs of the House and Senate Appropriations Committee on Justice and Public Safety: (1) a report on the guidelines and procedures that will govern the distribution and administration of the grant funds no later than October 1, 2015, and (2) a report on the grant funds distributed under this section during the 2015-16 fiscal year no later than August 1, 2016. Adds a definition for the term body-worn camera.

    Makes conforming changes to the appropriate totals.

    Amendment #45 adds a section to the bill amending GS 143B-426.51 concerning payments for those qualified to receive compensation under the Eugenics Asexualization and Sterilization Compensation Program, providing that such individuals will receive compensation in the form of three payments (was, two payments). Provides that the second payment will consist of $15,000 and will be made to recipients determined to be eligible for compensation as of June 1, 2015, with the payment being remitted by July 1, 2015.  Makes conforming changes. 

    Part VIII. Public Schools

    Section 8.31

    Amendment #6 adds new Section 8.31 to require, regardless of any other provisions of law, funds appropriated in this act for the 2015-17 fiscal biennium for Regional Education Service Alliances (RESAs) to be used to provide recurring grants of $300,000 to each of the eight RESAs to provide professional development for teachers and other local school administrative unit personnel. Directs the State Board of Education to collaborate with the eight RESAs to provide annual training within the eight state education regions to all superintendents or their designees on state funding flexibility.

    Amendment #17 adds a new section that increases the appropriation in this act to the Department of Public Instruction for the 2015-17 fiscal biennium for the Cooperative and Innovative High Schools (CIHS) allotment by $310,669 in recurring funds for each fiscal year of the biennium. States that the funds are to meet the funding requests for the eight new CIHS's approved by the State Board of Education and to fulfill the funding request of the newly approved CIHS, Northeast Regional School of Biotechnology and Agriscience.

    Amendment #17 also decreases the funds appropriated to the Community College System Office for the 2015-17 fiscal biennium by $310,669 in recurring funds for each fiscal year of the biennium.

    Makes conforming changes to Part II. Current Operations and Expansion General Fund.

    Amendment #23 adds a new section that expands the Dropout Prevention and Recovery Pilot Program (Program) created in SL 2014-104 by requiring the State Board of Education (SBE) to select one charter school in 2014 and one in 2015, both meeting specified criteria, to participate in the Program (previously, only one charter school was to be selected for the Program). 

    Provides that for charter schools participating in the Program, the allotments and adjustments are to be as provided in GS 115C-218.105 and requires that they be adjusted on the last school day in February (previously, allotments and adjustments were to be as provided in GS 115C-238.29H).

    Provides that the application deadline for approved charter schools to apply to participate in the Program beginning in the 2015-16 school year is July 1, 2015, with the SBE required to select the participant by August 1, 2015.

    Requires the SBE to submit an interim report to the Joint Legislative Education Oversight Committee by March 15, 2016, with a final report due by September 15, 2017 (was, report due by March 15, 2016).  Provides that the Program will conclude at the end of the 2016-17 school year (was, 2015-16 school year).

    Makes conforming changes.

    Reduces the funds appropriated to the Community Colleges System Office for the 2015-17 fiscal biennium for the Community College Innovative Pilot Program by $215,000 for each fiscal year of the biennium and increases the funds appropriated to the Department of Public Instruction for the 2015-17 fiscal biennium by $215,000 in nonrecurring funds to offset costs associated with the Program.  Effective July 1, 2015.

    Amends Section 10.9(d) providing that of the funds appropriated to the Community College Innovative Pilot Program for the 2015-17 fiscal biennium, $100,000 can be used each fiscal year for the administration and evaluation of the Community College Innovative Pilot Program.

    Makes conforming changes to the appropriation calculations under Part II., Current Operations and Expansion General Fund.

    Amendment #27 adds a new section that directs the Joint Legislative Education Oversight Committee (Committee) to study the results of the Juvenile Literacy Center program established in Wake County. Directs the Committee to examine the impact of the program on certain categories including improving literacy skills and developing overall academic skills, and to evaluate the program for potential expansion into other counties. Requires the Committee to report its study results, any recommendations on expanding the program, and any proposed legislation to the 2015 General Assembly upon the convening of the 2016 Regular Session.

    Amendment #40 adds a section that amends GS 115C-105.25(c) to require that each local administrative unit include the following additional information on its web site by October 15 annually: (1) a description of any transfer of funds from the textbooks and digital resources allotment into another allotment category with an explanation of the basis for the transfer of the allotment and (2) a chart that clearly indicates how the local school administrative unit spent state funds.

    Amendment #48 adds a new section that increases the funds appropriated under this act to the Department of Public Instruction for 2015-16 by $200,000 in nonrecurring funds to establish and administer a one-year pilot program on teaching financial literacy as a part of the American History, Economics Module curriculum in public high schools. Requires the funds to be used for professional development on teaching financial literacy to teachers in the local school administrative units participating in the pilot and to administer an assessment to students receiving the instruction. Requires the State Board of Education to issue a request for proposal (RFP) for an approved professional development course and select at least one provider to be used by the pilot local school administrative units. Specifies criteria that must be included in the RFP. Requires the Department of Public Instruction to develop a survey for pilot local school administrative units. Sets out requirements for the survey. Requires pilot participants to report the results of the assessment and the survey to the Department of Public Instruction at the end of each semester. Requires the Department of Public Instruction to report on implementation of the pilot program and the results of the assessments and survey to the Joint Legislative Education Oversight Committee by October 15, 2016. Requires the Department of Public Instruction to develop a process to divide remaining funds among the pilot local school administrative units to offset costs of program implementation. Decreases the funds appropriated under this act to the Community Colleges System Office for 2015-16 to support the Community College Innovative Pilot Program in accordance with Section 29 of this act by $200,000 in nonrecurring funds. Makes conforming changes.

    Part X. Community Colleges

    Section 10.12

    Amendment #51 adds a new section that amends GS 115D-31(b1) to prohibit state funds from being used to fund a culinary program located at a site other than the main campus of the local community college. Makes this section applicable only to Stanly Community College.

    Part XI. Universities

    Section 11.3.(a)

    Amendment #18 rewrites GS 116-143.3A(d) to clarify that after the three-year period following discharge or death as described in 38 U.S.C. § 3679(c), any enrolled veteran who is entitled to federal education benefits under 38 U.S.C. Chapter 30 or 38 U.S.C. Chapter 33 and any other enrolled individual who is entitled to federal educational benefits under 38 U.S.C. Chapter 30 or 38 U.S. C. Chapter 33 remains eligible for the in-State tuition rate as long as the veteran or individual remains continuously enrolled, other than during regularly scheduled breaks, at the institution of higher education.

    Section 11.15

    Amendment #20 amends GS 116-280 concerning definitions for specified need-based scholarships, adding conditions that must be met in order to be considered an eligible private postsecondary institution qualifying in the form of a private nonprofit postsecondary online education institution, further requiring the institution to (1) have at least 1,000 full or part-time in-state students enrolled, (2) have a chancellor that is based in North Carolina, (3) have a designated headquarters in NC. 

    Part XII. Department of Health and Human Services

    Section 12A.1

    Amendment #29 deletes Section 12A.1 from the bill, which required the Department of Health and Human Services to ensure that the contracts related to managed care, care management, health services, or health-related services contained certain clauses concerning performance outcomes, monetary requirements, and termination. 

    Section 12A.8

    Amendment #31 expands the requirements for the plan for administering a competitive grants process for nonprofit funding from the specified Social Services Block Grant funds, providing that such a plan must also include a program that provides short-term residential substance abuse services, with no less than $500,000 to be awarded for such a program. 

    Section 12A.11

    Amendment #22 adds a section that requires the nonrecurring funds appropriated to the Department of Health and Human Services for Residential Hospice for the 2015-16 fiscal year to be used for non-profit and publicly funded hospice residential care facilities. 

    Section 12B.9

    Amendment #32 adds a section increasing the reduction in nonrecurring funds appropriated to the Temporary Assistance for Needy Families Block Grant to the Division of Child Development and Early Education for NC Pre-K by $5,527,584 in each year of the 2015-17 biennium. Makes conforming changes.

    Section 12B.10

    Amendment #32 adds a new section eliminating the reduction in recurring funds appropriated in the act in the Temporary Assistance for Needy Families Block Grant to the Division of Child Development and Early Education for Smart Start health-related activities. Makes conforming changes.

    Section 12F.7

    Amendment #47 amends Section 12F.7(e) making a technical change.

    Section 12F.10

    Amendment #19 adds a new section that creates a pilot program to provide targeted case management services to adults with intellectual and/or developmental disabilities that are on the waiting list for the Innovations waiver. Provides that funding for the pilot program will be in the amount of $2.1 million in nonrecurring funds derived from amounts appropriated to the Division of Information Resource Management for the 2015-16 fiscal year for a structural budget deficit in the Division.  Sets out and defines what targeted case management services means for the purposes of the pilot program.  Directs the Division of Mental Health to establish outcome measures for the purposes of evaluating the impact of the pilot program on individuals served.  Requires the Department of Health and Human Services to report any findings of the pilot program no later than December 1, 2017, to the Joint Legislative Oversight Committee on Health and Human Services, the Fiscal Research Division, and the Program Evaluation Division. Makes conforming changes.

    Amendment #33 adds a new section that requires the Joint Legislative Oversight Committee on Health and Human Services and the Joint Legislative Oversight Committee on Justice and Public Safety to each appoint a subcommittee to study the intersection of Justice and Public Safety and behavioral health. Sets out four issues that the subcommittees, who are to meet jointly, are to study and report on to their respective committees. 

    Section 12G.3.(a)

    Amendment #11 makes a technical correction to GS 131D-6.1(a)(1) (licensing to offer overnight respite services). Amends GS 131D-6.1(a) to provide that overnight respite services as provided under subdivision (1) of this statute may include the services of the adult day care program or the adult day health program. Amends GS 131D-6(b) to make a conforming change providing that an adult day care program provider may provide overnight respite services on a 24-hour basis in accordance with new GS 131D-6.1, as enacted in this act.

    Section 12G.4

    Amendment #34 adds a section requiring the Division of Health Services Regulation to develop and implement a method for determining the need for licensed hospice residential beds in the state. Requires the need to be published annually in the North Carolina State Medical Facilities Plan and serve as the basis for approval of certificates of needs for hospice agency licenses.

    Section 12H.13

    Amendment #24 deletes Section 12H.13 from the bill, which directed the Department of Health and Human Services, Division of Medical Assistance, to develop and issue a request for proposal for a contract, beginning on January 1, 2016, for the statewide management of Medicaid nonemergency transportation services. 

    Part XIV. Department of Environment and Natural Resources

    Sections 14.18

    Amendment #4 deletes all of the provisions of the above sections and provides that funds appropriated to the Clean Water Management Trust Fund for military buffers can only be used on land that buffers a military facility from incompatible use encroachment. Sets out what military facility means for the purposes of this section, including a major military installation or training area identified in the report prepared by the Office of Land & Water Stewardship. 

    Part XV. Department of Commerce

    Section 15.6

    Amendment #53 amends the provisions applicable to the use of deobligated CDBG funds and surplus federal administrative funds to add a provision allowing the Department of Commerce to use $5,908,497 in deobligated CDBG funds for specified services, facilities, loan fund, programs, and training. Makes conforming changes. Makes additional clarifying changes.

    Section 15.22

    Amendment #3 adds new Section 15.22 to provide that if House Bill 250 of the 2015 Regular Session becomes law, then $1 million in recurring funds appropriated in this act for pending legislation is allocated to the Healthy Food Small Retailer Fund to be used for purposes consistent with that act.

    Section 15.23

    Amendment #2 amends GS 18C-155 concerning reports by NC State Lottery Commission, making clarifying and organizational changes and adding language that requires State departments and agencies that receive lottery funds to inform the public in regards to amounts received and activities supported by those proceeds. 

    Part XVI. Department of Public Safety

    Section 16A.5

    Amendment # 47 deletes provisions that provided for a transfer of $2,898,779 for the 2015-16 fiscal year from the Statewide Misdemeanant Confinement Fund to the General Fund. 

    Section 16C.11

    Amendment #14 requires that the Department of Public Safety's annual report on county prisoners housed in the state prison system is to be made according to safekeeping orders under GS 162-39 (was, according to safekeeping orders under GS 162-39(b) and specified that the purpose was to avoid security risks in county jails or due to insufficient or inadequate county facilities).

    Part XIX. Department of Cultural Resources

    Section 19.2

    Amendment #47 adds a section providing that funds appropriated to the Department of Cultural Resources for staff support of historic revitalization as well as federal tax credits must be used to support four full-time equivalent staff positions rather than three.

    Part  XXVII. Department of Revenue

    Section 27.5

    Amendment #36 adds a new section that reduces appropriations to the Department of Administration for utilities for the 2015-16 and 2016-17 fiscal years by $250,000 each fiscal year and appropriates to the Department of Military and Veterans Affairs for the 2015-16 and 2016-17 fiscal years, $250,000 each fiscal year in nonrecurring funds to support the specified operations and positions. 

    Part XXVIII. Department of Revenue

    Section 28.1

    Amendment #1 deletes provisions which directed the Department of Revenue to close the call center located in Rocky Mount no later than July 1, 2017, and allowed the transfer of vacant or filled positions to the call center in Greensboro as long as established positions do not exceed 100 in number. 

    Section 28.4

    Amendment #47 adds a section providing that the Department of Revenue can only use receipts from the Information Technology Security Reserve Fund to fund three full-time equivalent positions in order to secure the data of the department. 

    Part XXIX. Department of Transportation

    Section 29.8

    Amendment #49 amends subsection (b) of new GS 136-18.03, enacted in this act, to provide that the Department of Transportation (Department) is authorized to hire private counsel to provide legal services related to any project undertaken by the Department. Also authorizes the Department to supervise and manage the private counsel retained under this section without obtaining written permission or approval from the Attorney General under GS 114-2.3, excluding legal services related to workers’ compensation claims brought by Department employees.

    Section 29.16

    Amendment #47 amends the amounts appropriated to the Department of Transportation for contract resurfacing, providing that $42,552,012 for fiscal year 2015-16 will be appropriated to the department for the above reasons (previously, appropriated $87,417,442). 

    Part XXX. Salaries and Benefits

    Section 30.9A

    Amendment #16 adds language providing that full-time permanent employees of the State, local board of education, or a community college institution on July 1, 2015, who are eligible to earn annual leave will receive five days of annual leave credited on July 1, 2015 (previously, did not include employees of local boards of education).

    Part XXXI. Capital Projects

    Section 31.16

    Amendment #30 amends proposed GS 120-261, which established the Joint Legislative Oversight Committee on Capital Improvements, providing that of the 16 members from the General Assembly to be appointed to the committee, two appointed members from each chamber must be from the minority party. 

    Section 31.9

    Amendment #26 makes an organizational change, deleting Section 31.9 and replacing it with Sections 31.9(a) and 31.9(b).

    Modifies GS 143C-3-3(b)(2) in Section 31.9(a) (was, Section 31.9), to provide that the University of North Carolina cannot make a capital fund request to construct a new facility, expand an existing facility, or rehabilitate an existing facility for new or expanded uses unless the University has completed advanced planning through Schematic Design for the project with funds other than General Fund appropriations (was, and other than funds carried forward from one fiscal year to another pursuant to GS 116-30.3).

    Under current law, GS 143C-8-12(b) provides that the term "non-General Fund money" includes carryforward funds from one fiscal year to another under GS 116-30.3 and GS 116-30.3B. Amends GS 143C-8-12(b) to provide that these funds must only be used for projects listed in GS 143C-4-3(b) and for advanced planning as described in GS 143C-3-3(b)(2).


  • Summary date: May 21 2015 - View summary

    House committee substitute makes various changes to the 4th edition. We will not be including a summary of the Appropriations Act. For the content of the bill, please follow the View NCGA Bill Details link. Further information on the budget, including the committee report, can be found on the “News” section of the General Assembly’s website at: http://www.ncleg.net/gascripts/News/NewsArchive.pl.


  • Summary date: May 20 2015 - View summary

    House committee substitute makes various changes to the 3rd edition. We will not be including a summary of the Appropriations Act. For the content of the bill, please follow the View NCGA Bill Details link. Further information on the budget, including the committee report, can be found on the “News” section of the General Assembly’s website at: http://www.ncleg.net/gascripts/News/NewsArchive.pl.


  • Summary date: May 20 2015 - View summary

    House committee substitute makes various changes to the 2nd edition. We will not be including a summary of the Appropriations Act. For the content of the bill, please follow the View NCGA Bill Details link. Further information on the budget, including the committee report, can be found on the “News” section of the General Assembly’s website at: http://www.ncleg.net/gascripts/News/NewsArchive.pl . Additional information, including the amendments that were adopted by the Appropriations Committee are available on the Committee's website here: http://www.ncleg.net/gascripts/DocumentSites/browseDocSite.asp?nID=96&sF...\2015%20Session\May%2019,%202015. 


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