APPROPRIATIONS ACT OF 2014.

View NCGA Bill Details2013-2014 Session
Senate Bill 744 (Public) Filed Wednesday, May 14, 2014
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.
Intro. by Brown, Harrington, Hunt.

Status: Ch. SL 2014-100 (Senate Action) (Aug 7 2014)

Bill History:

S 744/S.L. 2014-100

Bill Summaries:

  • Summary date: Aug 7 2014 - More information

    AN ACT TO MAKE BASE BUDGET APPROPRIATIONS FOR CURRENT OPERATIONS OF STATE DEPARTMENTS, INSTITUTIONS, AND AGENCIES, AND FOR OTHER PURPOSES. Enacted August 7, 2014. Effective July 1, 2014, except as otherwise indicated.

     

  • Summary date: Jul 31 2014 - More information

    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 13 2014 - More information

    House amendments make the following changes to the 5th edition.

    Part XI. Universities

    Amendment #38 adds a new Section 11.24, ECSU Study, to this Part. Acknowledges the origins of Elizabeth City State University (ECSU) and states that the General Assembly finds that ECSU is a key educational and economic resource for northeastern North Carolina.

    Directs the Joint Legislative Education Oversight Committee (ED Oversight) to evaluate and study strategies to address any financial or enrollment concerns for ECSU. Requires ED Oversight to examine, at minimum, any plans of the University of North Carolina Board of Governors or of ECSU to restore ECSU to more financially sustainable conditions. Directs ED Oversight to examine the strategies in ECSU's March 2014 publication,"Rightsizing ECSU: The Need for Financial Stability." Urges ED Oversight's work in conducting this study to include consulting with the Board of Trustees of Elizabeth City State University and any other appropriate parties.

    Directs ED Oversight to report the results of its evaluation and study to the General Assembly before the convening of the 2015 General Assembly. Requires that the report include any recommendations for actions by the General Assembly to address financial and enrollment concerns.


  • Summary date: Jun 12 2014 - More information

    House amendments make the following changes to the 5th edition.

    Part III. Current Operations/Highway Fund

    Section 3.1

    Amendment #16 amends the amounts by which highway fund appropriations are adjusted, providing that appropriations for the maintenance line item under the Division of Highways is now $44,381,941 (was, $44,632,041). Amends line item appropriations under the Highway Fund, for Other State Agencies, Reserves and Transfers, so that the appropriated adjustment amount is now $8,098,312 (was, $7,848,212).

    Part VIII. Public Schools

    Section 8.25(d1)

    Amendment #8 adds new language to the act that amends GS 115C-562.5(a)(2) to provide that nonpublic schools accepting eligible students receiving scholarship grants must provide to the State Education Assistance Authority (SEAA) a criminal background check conducted for the staff member with the highest decision-making authority (previously, subsection only required check to be conducted without a requirement that it be submitted to SEAA).

    Section 8.31

    Amendment #31 amends a condition required of the Parents for Educational Freedom in North Carolina, Inc., (PEFNC) for grant recipients participating in the Rural Charter School Development Pilot Program providing that a recipient must be seeking approval by the State Board of Education to operate a charter school or be in the planning year required before beginning operations to receive a grant. Amendment deletes the previous requirement that the specified grant recipient be already approved by the State Board of Education to operate a charter school.

    Part XII. Department of Health and Human Services

    Subpart XII-A Central Management and Support

    Section 12A.2

    House amendment #11 makes the following change to the 5th edition. Directs the Department of Health & Human Services (DHHS) to include in its plan to implement a competitive grants process for nonprofit funding a comprehensive smoking prevention and cessation program to screen and treat tobacco use in pregnant women and postpartum mothers.

    Section 12A.7

    Amendment #35 adds new Section 12A.7, Supplemental Short-Term Assistance for Group Homes. Reduces the appropriation to DHHS, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services (MH/DD/SA) by $2 million in nonrecurring funds and instead, allocates that amount to DHHS, Division of Central Management and Support (DCMS) for the 2014-15 fiscal year. Directs that the reallocated funds are to be used to provide temporary, short-term financial assistance by making a monthly payment to group homes on the behalf of each resident that meets specified eligibility criteria. Provides that the monthly payments are subject to specified requirements and limitations. Limits the amount of monthly payments authorized by this section to the extent that funds are available to DCMS from the $2 million in nonrecurring funds appropriated to DCMS in this act. Directs DHHS to terminate all monthly payments under this section on June 30, 2015 or when the appropriated funds are depleted, whichever comes first. Requires each group home that receives monthly payments authorized under this section to submit a list of all funding sources for the operational costs of the group home for the preceding two years to DHHS in a schedule and format as specified by DHHS. Prohibits DHHS from using any portion of the $2 million appropriated in this act for any purpose other than as designated in this section.

    Directs DHHS to submit, no later than April 1, 2015, (1) a plan for a long-term solution for residents in group homes who wish to continue to reside in this setting and have been determined via independent assessment to need only supervision, medication management, or both; and (2) a list of funding sources for each group home that receives assistance authorized by this section.

    Asserts that nothing in this section is to be construed as an obligation on the part of the General Assembly to appropriate funds for the purpose of this section, as an entitlement by any group home or resident of a group home, or any other person to receive temporary, short-term financial assistance under this section.

    Defines 'group home' as the term is used in this act to mean any facility that (1) is licensed under GS Chapter 122C, (2) meets the definition of a supervised living facility under 10A NCAC 27G.5601(c)(1) or 10A NCAC 27G.5601(c)(3), and (3) serves adults with a primary diagnosis of mental illness or a developmental disability but may also have other diagnoses.

    This section expires June 30, 2015. Makes conforming changes to adjust the appropriate totals accordingly.

    Section 12C.4

    Amendment #17 deletes, in its entirety, Section 12C.4, Expiration of Terms/Social Services Commission, which contained proposed changes to GS 143B-154, Social Services Commission--members; selection; quorum; compensation.

    Subpart XII-D Division of Aging and Adult Services

    Section 12D.4

    This section requires corporations or disinterested public agents serving as guardians for incompetent wards to submit status reports for those incompetent wards to the clerk and the designated agency if there is one.House amendment #12 makes the following changes to the 5th edition.Inserts new subsection (b1) to GS 35A-1242 directing the clerk to ensure that the reports submitted by corporations or disinterested public agents are available to the Director of the Division of Aging and Adult Services within DHHS, or the Director's designee. Requires the Director or the Director's Designee to review the status reports in connection with DHHS's regular program of oversight for these categories of guardians. Makes a clarifying amendment to subsection (d) of this section, replacing the term "docketed" with "filed."

    Section 12E.8

    House amendment #16 amends Section 12E.8 correcting a statutory reference.

    Section 12E.9

    Amendment #29 enacts a new Section 12E.9 that transfers the NC Summer Food Service Program from the Division of Public Health, DHHS, to the Department of Public Instruction, through a Type 1 transfer, pursuant to GS 143A-6.

    Section 12H.8A

    House amendment #12 allows the Department of Health and Human Services (DHHS) Division of Medical Assistance (Division) to allow substitution of generic drugs in place of preferred drugs without prior authorization if there is a net General Fund savings to the Medicaid program and (1) the Division normally requires dispensing the preferred drug over the generic drug, (2) the pharmacist is not able to acquire the preferred drug from at least two separate wholesalers within the two weeks prior to dispensing the generic substitute, (3) the pharmacist maintains records of the failed attempts to acquire the preferred drug, and (4) the prescriber has not indicated that the preferred drug is medically necessary. Provides that 'savings to Medicaid program' is not limited to savings within the prescription drug service area, but also includes savings in other areas of the program.

    Section 12H.37

    Amendment #36 enacts new Section 12H.37 that provides beginning July 1, 2015, DHHS, Division of Medical Assistance, will require that all annual Medicaid billing unit limits for services managed by LMEs/MCOs be based on the fiscal year, provided this adjustment can be accomplished without a net fiscal impact on General Fund appropriations. Also provides that any State Plan Amendment required to implement the above provision is not subject to the 90-day prior submission requirement pursuant to GS 108A-54.1A(e).

    Part XIII. Department of Agriculture and Innovation Initiative

    Section 13.14

    House amendment #26 amends GS 19A-24 in Article 3 of GS Chapter 19A, the Animal Welfare Act, to direct the Department of Public Safety to add animals sold by dealers to the public to those categories of animals for which the Department of Public Safety is to establish standards of care.

    Amends GS 19A-23, as amended by subsection (b) of Section 13.14, to rewrite the definition for dealerto apply to any person who owns, has custody of, or maintains 10 or more female dogs that are (1) over six months of age, (2) capable of reproduction, and (3) kept primarily for the purposes of breeding and selling their offspring as pets. Declares that a kennel or boarding facility for dogs that are being trained primarily for hunting, sporting, field trials, or show is not to be considered a dealer. Effective July 1, 2015.

    Amends GS 19A-62 to provide that $10,000 of the $250,000 annual transfer in receipts of the Animal Feed and Pet Food Branch within the Food and Drug Protection Division of the Department of Agriculture and Consumer Services to the Spay/Neuter Account may be used to establish and publicize a fund to accept additional private contributions for the operation of the dealer inspection program under Article 3 of GS Chapter 19A or the Spay/Neuter program under Article 5 of GS Chapter 19A.

    Part XIV. Department of Environment and Natural Resources

    Section 14.2D

    Amendment #16 amends Section 14.2D(b), making technical changes.

    Section 14.19

    House amendment #1 makes the following change.Amends subsection (b) of this section regarding the Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund (Fund), which was established as a special revenue fund in this act. Requires that any project receiving revenue from the Fund, except the aquatic weed control projects, be cost-shared with non-state dollars on a one-to-one basis.

    Section 14.24A

    House amendment #4 amends specified restrictions concerning an allowable $2 million reduction DENR can take from sources other than efficiencies created by consolidating the Divisions of Water Resources and Water Quality, providing that no state attractions proposed for closure in this act, as passed by the Senate or House, but not included in the act when it becomes law, can be included in the reduction by DENR.Deletes language which restricted the reduction from included programs or items proposed for reduction in the act.

    Part XV. Department of Commerce

    Section 15.9

    House amendment #18 amends subsection (b) of this section to direct the Secretary of Commerce (Secretary), effective July 1, 2014, to reduce expenditures in recurring fundsfor the Rural Economic Development Divisionin the amount of $637,500 for the 2014-15 fiscal year (was, reduce expenditures in recurring funds by $637,500 for the 2014-15 fiscal year by eliminating full-time equivalent positions in the Division of Community Assistance and the Office of Urban Development, Fund Code 1620). Also directs the Secretary not to make the reductions required under this subsection to any grant programs administered by the Rural Economic Development Division.

    Part XVII. Department of Justice

    Section 17.1

    House amendment #9 provides, in regards to the transfer of the SBI to the Department of Public Safety, that no funds can be expended from Budget Code 23606 ' Justice Seized and Forfeited Assets, unless those expenditures have been reported to the NC General Assembly on or before February 4, 2014.

    Part XIX. Department of Cultural Resources

    Section 19.2

    Amendment #27 amends Section 19.2 to provide that the Department of Cultural Resources will not allocate a grant to a municipal or single-county library from the Aid to Public Libraries Fund that exceeds $475,000 (was, $400,000) for the 2014-15 fiscal year.

    Part XXXIII Department of the State Treasurer

    Section 33.2

    House amendment #16 adds new Section 33.2, Investments Internalization, to the act and provides that funds appropriated by this act to the Department of Treasurer for the Investments Division for Investments Internalization will be allocated to budget code 1210 instead of budget code 1510.

    Part XXXIV. Department of Transportation

    Section 34.32

    House amendment #6 deletes all the provisions relating to the establishment of a House of Representatives Oversight Committee on Implementing the Strategic Transportation Investments Law.

    Part XXXVI. Capital Appropriations

    Section 36.6

    House amendment #2 deletes Section 36.6 from the act, which amended GS 116-13.1 by repealing the UNC Chancellors' authority to approve certain maintenance projects.

    Part XXXVII. Finance Provisions

    Section 37.8

    Amendment # 32, as amended by Amendments #33 and #34, Adds a new Section 37.8, The Film and Entertainment Fund. Enacts new GS 143B-437.02A, titled The Film and Entertainment Grant Fund, which creates in the Department of Commerce this special non-reverting fund to be used to encourage and develop the tv and film-making industry in North Carolina. Sets out five provisionsthat are to be included in any rules regarding the awarding of grants, including certain requirements on receivinggrants in relation to total qualifying expenses and that the funds are not provided to more than one production company for a single production. Sets out seven types of productions that may not receive a grant. Gives priority to productions that, based on the results of an economic impact assessment conducted by the Labor and Economic Analysis Division, are reasonably anticipated to maximize the economic benefits to the state.

    Sets out nineterms and definitions to be used in the section, including highly compensated individual and qualifying expenses.

    Establishes proceduresfor a production companyto apply for a grant of funds, which includes an application, under oath, to the Secretary of Commerce (Secretary)and an application fee of $1,000. Directs the Secretary to work with the NC Film Office to adopt rules and processes for the verification of qualifying expenses of production companies. Provides that no grant funds can be released before qualifying expenses are verified and substantiated. Sets out three requirementsfor theprocessof substantiation, including requiring the production company to submit all qualifying expenses with documentation on net expenditures for equipment and other personal property and a compliance audit at the production company's expense.

    Requires the Department of Commerce to report four categories of information to the Department of Revenue, which in turn the Department of Revenue must include in the economic incentives report. This information includes the location of sites used in a production for which a grant was awarded and the total cost of the grants awarded.

    Also requires a production company to notify the Division of Tourism, Film, and Sports Development of their intent to apply.

    Provides that the reduction for the Management Flexibility Reserve for the Department of Commerce is $5 more than the amount listed in the House's Appropriations Committee Report on the Continuation, Expansion, and Capital Budgets for Senate 744, dated June 11, 2014. Requires that the $5 be used for grants for the Fund. Prohibits funds appropriated to the following divisions from being used for the Fund: (1) Small Business & Entrepreneurship; (2) Tourism, Film, and Sports Development, (3) Marketing and Consumer Service, (4) Business and Industry Development, and (5) International Trade Division.

    Provisions on the fund are effective January 1, 2015, expiring July 1, 2020. Provides that the Secretary of Commerce cannot award a grant for any qualifying expense for which a taxpayer received a tax credit under GS 105-130.47 or 105-151.29.


  • Summary date: Jun 11 2014 - More information

    The House committee substitute to the makes various changes. We will not be including a summary of the committee substitute 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: May 31 2014 - More information

    Senate amendment #21 makes the following changes to the 2nd edition.

    Part VII. Information Technology

    Section 7.7

    Amends proposed Section 7.7 of SL 2013-360 to add to the entities that are required to create a career path for state government information technology contracting professionals to add the Department of Computer Science at NC State University, and in the State CIO’s discretion, schools and departments at other public and private institutions of higher learning in the state.

    Part VIII. Public Schools

    Section 8.4

    Subsection (b) of Section 8.4 requires the Department of Public Instruction (DPI) to study the feasibility of consolidating by region the 25 local school administrative units (local units) with the lowest average daily membership (ADM) by the end of the 2018-19 school year. Amends this subsection to direct DPI to consider input from local boards of education of the local units included in the study.

    Section 8.5

    Amends the reporting requirement for the North Carolina Center for Advancement of Teaching (NCCAT) to require that NCCAT report the specified information to the State Board of Education and the Fiscal Research Division of the General Assembly (was, report only to the Fiscal Research Division of the General Assembly).

    Part XI. Universities

    Section 11.14

    Makes a technical correction.

    Part XIII. Department of Agriculture and Consumer Services

    Section 13.14

    Deletes Section 13.14, Umstead Research Station.

    Section 13.8

    Amends GS 106-6.3 to delete the provision that expenditures from the Research Station Fund must not be used for agricultural research station administered by other state agencies.

    Section 13.3

    Amends GS 139-60(c)(3) by deleting the requirement that the Commission take into account the impact of new well placement upon the well of adjoining and surrounding landowners when considering agricultural well development.

    Section 13.12

    Deletes Section 13.12, DACS Agricultural Center Growth Study.

    Part XV. Department of Commerce

    Section 15.11

    This section enacts new GS 143B-437.110 to establish the Nature and Heritage Tourism Advisory Board (Advisory Board). Amends GS 143B-437.110 to require the Advisory Board to coordinate its efforts under this Part with the North Carolina Travel and Tourism Coalition, Inc., and with the North Carolina Travel Industry Association, Inc.

    Subpart XVI-C. Division of Adult Correction and Juvenile Justice

    Section 16C.4

    Amends GS 66-25(b) to provide that electrical devices, appliances, or equipment used by the Division of Adult Correction of the Department of Public Safety may (was, shall) be evaluated for safety and suitability by the Central Engineering Section of the Department of Public Safety (this subsection was deleted in its entirety in the 2nd edition).

    Subpart XVIII-B. Administrative Office Of The Courts

    Section 18B.16

    Makes a clarifying change to the effective date of the section.

    Section 18B.11

    Amends GS 14-269(c) to add that a violation punishable under GS 14-415.21(a) (where a person who has been issued a valid permit is found to be carrying a concealed handgun without possession of the permit or who fails to disclose to any law enforcement officer that the person holds a valid permit and is carrying a concealed handgun) is not punishable under this statute.

    Part XXXVI. Capital Appropriations

    Section 36.12.

    Requires the proceeds of bonds and notes to be allocated and expended as provided, including a maximum aggregate principal amount of $206 million (was, $200,600,000) to finance the capital facility costs of projects previously authorized or subsequently to be authorized by the General Assembly to be financed under Article 9 of GS Chapter 142 of the General Statutes but for which some or all of the amount of bonds authorized to be issued have not yet been issued.


  • Summary date: May 30 2014 - More information

    Senate amendments make the following changes to the 2nd edition.

    Part II. Current Operations and Expansion/General Fund

    Amendment #13 reduces the appropriation from the General Fund to the Department of Environment and Natural Resources to $8,972,390 (was, $9,222,390). Deposits $250,000 from the General Fund into the Savings Reserve Account.Makes additional changes to adjust the appropriate totals accordingly.Makes conforming changes in Section 14.6 of the act.

    Section 2.1

    Amendment #17 switches the appropriation amount for Agricultural Extension with the appropriation amount for Agricultural Research. Changes the line item Aid to Private Colleges to Aid to Private Institutions.

    Part VI. General Provisions

    Section 6.9

    Amendment # 17 corrects a statutory reference.

    Part VII. Information Technology

    Section 7.1

    Amendment #17 changes the appropriation to the Government Data Analytics Center from $9,630,386 to $9,417,515.

    Part VIII. Public Schools

    Section 8.16

    Amendment #18 adds new Section 8.16 repealing GS 115C-50, which required local boards of education to have 12 hours of training annually.

    Part X. Community Colleges

    Section 10.4

    Amendment #4 adds a new section requiring the Joint Legislative Education Oversight Committee to study six specified issues related to vocational training for individuals with intellectual disabilities. Requires a report to the General Assembly before the convening of the 2015 General Assembly.

    Part XI. Universities

    Section 11.6

    Amendment #1 deletes the requirement that the Board of Governors of the University of North Carolina study the feasibility of dissolving any constituent institution within the UNC System whose fall full-time equivalent student enrollment declined by more than 20% between the 2010-11 fiscal year and the 2013-14 fiscal year.

    Section 11.15

    Amendment #6 adds a new section creating the 17 member Study Committee on the University of North Carolina Tuition, to study six specified issues and make recommendations to stem the rise in tuition or to otherwise increase the affordability of higher education for North Carolina residents. Requires a report to the 2015 General Assembly upon its convening. The Committee terminates upon the earlier of filing the final report or the convening of the 2015 General Assembly.

    Section 11.14

    Amendment #7 adds a new section requiring the facility built by Union Square Inc., a non-profit, through a public private partnership supported by $2 million in nonrecurring state funds appropriated in this act to be used to house a nursing program for North Carolina A&T State University. This is in addition to other specified nursing programs and training facilities.

    Section 11.16 Amendment #9 adds a new section 11.16 providing that if the UNC Board of Governors and the North Carolina School of Science and Math decide that an additional School of Science and Math campus is needed, then the School for the Deaf in Morganton must be considered as a potential site. If the School for the Deaf is not a suitable location, then other available state owned property in Morganton may be considered.

    Section 11.13A

    Amendment #20 adds new section 11.13A requiring the State Education Assistance Authority to give priority in awarding scholarship loans to an applicant who qualifies for a scholarship loan if the applicant was formerly employed as a teacher assistant and lost their position in the state public school system as a result of a reduction in force. Requires that of the funds appropriated to the NC Need-based Scholarship Program for 2014-15, $5 million in recurring funds be used to provide scholarship loans to applicants formerly employed as teacher assistants.

    Section 11.3

    Amendment #17 amends the section to provide that no reduction in State funds, except reductions based on enrollment growth model changes or tuition increases (was, enrollment growth model changes only), shall be allocated to any of the specified institutions.

    Subpart XII-C. Division of Social Services

    Section 12C.3

    Amendment #5 provides that the Eastern Band of Cherokee Indians (Eastern Band) may (was, shall) begin assuming responsibility for the Supplemental Nutrition Assistance Program (SNAP) as of October 1, 2014, or upon federal approval (was, beginning October 1, 2014). Also provides that the Eastern Band may (was, shall) assume responsibility, no later than October 1, 2015, for other programs as described under GS 108A-25(e), enacted in subsection (c) of this section, with the exception of services related to special assistance, childcare, and adult care homes. Amends GS 108A-25 to include Medicaid and NC Health Choice among the social services, healthcare benefit programs, and ancillary services which any federally recognized Native American tribe within the states mayassumeresponsibility andtherebyrelieve a county of legal responsibility related to thetribe's assumption of those services.

    Deletes subsection 12C.3.(e) but retains an effective date of October 1, 2015 for the state plan amendments in this section and waivers authorized by this section.Directs the Department of Health and Human Services (DHHS), Division of Medical Assistance, to submit by October 1, 2014, to the Centers for Medicare and Medicaid Services (CMS), any Medicaid and NC Health Choice state plan amendments and Medicaid waivers needed to address the healthcare needs identified in community health assessments and plans conducted by the Eastern Band, provided that the changes to Medicaid and NC Health Choice services made by the state plan amendments or waivers will be 100% federally funded. Requires any increase in the state share of administrative or other costs as a result of anystate plan amendments or waivers to be reported by DHHS to the Joint Legislative Oversight Committee on Health and Human Services.

    Subpart XII-E. Division Of Public Health

    Section 12.4 E

    Amendment #17 makes technical corrections.

    Subpart XII-H. Division Of Medical Assistance (Medicaid)

    Section 12H

    Amendment #17 makes a technical correction.

    Part XIII. Department of Agriculture and Consumer Services

    Section 13.4

    Amendment #3 amends GS 106-550 to add producers of seafood to those encouraged to act jointly and in cooperation with growers, handlers, dealers and processors in promoting and stimulating the increased production, use and sale of agricultural commodities.

    Section 13.5

    Amendment #17 deletes Section 13.5, Create Farmers Markets Enterprise Fund.

    Part XIV. Department of Environment and Natural Resources

    Section 14.7

    Amendment #2 rewrites new GS 143-345.18A to create the Outer Banks Land Management Fund (Fund) as a noninterest-bearing special revenue fund in the Department of Administration (was, in the Department of Environment and Natural Resources [DENR]). Makes a conforming change to subsection (b) of this section, andto new GS 143-345.18B,to reflect the creation of the Fund in the Department of Administration.

    Section 14.4

    Amendment #15 provides that the $97,324 of the funds appropriated to DENR must be used to hire a consultant to develop, manage, and execute a comprehensive geological and geophysical analysis of shale gas potential of the specified shale basins (was, the money was to be used for the drilling of new stratigraphic test wells and core analysis in the shale basins). Also allows DENR to issue a request for information to potential contractors for the required analysis, and makes any contact for the analysis exempt from Article 3 (Purchases and Contracts) or Article 8 (Public Contracts) of GS Chapter 143.

    Amendment #13 repeals the directive that the appropriation from the General Fund in nonrecurring funds of $250,000 be used for a state attractions consultant study, instead provides that regardless of any other provisions of this act, those funds are not to be used for a consultant study of the state's cultural and natural resource sites, and is to be deposited in the Savings Reserve Account established under GS 143C-4-2.

    Section 14.7

    Amendment #17 makes a clarifying change.

    Section 14.25

    Amendment #17 makes a technical correction.

    Section 14.24

    Amendment #17 amends GS 130A-295.9 by deleting the provision stating the intent that the funds credited to the Solid Waste Management Fund under GS 105-187.63(3) (solid waste disposal tax) be used to fund grants to initiate or enhance local recycling programs and to provide for the management of difficult to manage solid waste (those funds specified in (3) are directed to go to the General Fund, not the Solid Waste Management Fund).

    Part XV. Department of Commerce

    Section 15.11

    Amendment #16 deletes the requirement that the Department of Commerce, in consultation with others, develop a guidebook on the State's nature and heritage tourism sites. Makes conforming changes.

    Section 15.13

    Amendment #17 make a clarifying change to GS 143B-437.020. Makes a conforming deletion.

    Part XVII. Department of Justice

    Section 17.1

    Amendment #12 amends proposed 143B-926 to add that the Director of the State Bureau of Investigation may be removed from office by the Governor for grounds in GS 143B-13(b) or (c). GS 143B-13(b) includes the following grounds:(1) the death of the incumbent, (2) incompetence as determined by final judgment or final order of a court of competent jurisdiction, (3) resignation, (4) removal from office, (5) ceasing to be a resident of the State, (6) ceasing to discharge the duties of his office over a period of three consecutive months except when prevented by sickness, (7) conviction of a felony or of any offense involving a violation of his official duties, (8) refusal or neglect to take an oath within the time prescribed, (9) the decision of a court of competent jurisdiction declaring void his appointment, and (10) commitment as a substance abuser under Part 8 of Article 5 of Chapter 122C of the General Statutes. GS 143B-13(c) prohibits a person from using his or her position to influence any election or the political activity of any person.

    Subpart XVIII-B. Administrative Office Of The Courts

    Section 18B.16

    Amendment #17 clarifies that the section, three-judge panel/constitutionality of acts, is effective on July 1, 2014, and applies to any claim, whether alleged in any filed action or raised as a defense or claim during proceedings, that asserts that an act of the General Assembly is either facially invalid or invalid as applied to a set of factual circumstances, based on the NC or US constitutions.

    Amends 1-81.1 to add that claims that an act of the General Assembly is unconstitutional on its face that are field or raised in courts other than Wake County Superior Court or are filed in Wake County Superior Court, must be transferred to the three judge panel of the Wake County Superior Court if, a determination as to the facial validity of an act of the General Assembly must be made in order to completely resolve any issues in the case. Makes conforming changes to Rule 42 in GS 1A-1.

    Adds that (h) (concerning injunction pending appeal of as-applied constitutional challenge) of Rule 62, GS 1A-1, only applies where the State or a political subdivision of the State is a part in the civil action. Makes the same limitation in GS 7A-27(b)(3)f, concerning appeal of right to the Court of Appeals for an interlocutory order or judgment in a civil action that grants temporary injunctive relief restraining the State or a political subdivision of the State from enforcing the operation or execution of an act of the General Assembly as applied against a party in a civil action.

    Part XIX. Department of Cultural Resources

    Section 19.3

    Amendment #13 inserts provision in Part XIX entitled "DCR Report on Study of State Attractions." Directs the Department of Cultural Resources to report no later than October 1, 2015 to the Joint Legislative Oversight Committee on General Government, established by this act, and to the Fiscal Research Division, on recommendations for reducing the cost of operation of State historic and cultural sites.

    Part XXXIV. Department of Transportation

    Section 34.11

    Amendment #19 amends proposed GS 136-44.17 to add partial or full depth repairs, ultra-thin whitetopping, and thin lift and sand asphalt overlays to the preservation activities or treatments eligible for funding under the pavement preservation program.

    Section 34.6

    Amendment #17 repeals Section 34.29 of SL 2013-360, as amended by Section 8.1 of SL 2013-363, and Section 6.1.(g) of SL 2014-3.

    Amends GS 105-187.3 to provide that the tax rate (was, amount) imposed in this Article is applied to the sum of (1) the retail value of a motor vehicle for which a certificate of title is issued and (2) any fee regulated by GS 20-101.1. Provides that the tax does not apply to the sales price of a service contract and makes the sales price of a service contract subject to the sales tax imposed under Article 5 of GS Chapter 105. Declares the tax rate to be 3%. Effective October 1, 2014.

    Amends GS 105-187.3 as amended by subsection (b) of this section. Maintains the tax rate is 3% but increases the maximum tax to $2,000 (was, $1,000) for each certificate of title issued for a Class A or Class B commercial motor vehicle as defined in GS 10-4-01. Sets the maximum tax as $2,000 (was, $1,500) for each certificate of title issued for a recreational vehicle that is not subject to the commercial vehicle tax imposed by this section. Effective January 1, 2015 and applies to certificates of title issued after that date.

    Part XXXVI. Capital Appropriations

    Section 36.8

    Amendment #17 amends proposed GS 143-129.6 to provide that expenditures which do not include design fees, for a capital project, construction, or repair work (1) that are for training purposes and for a single exercise or undertaking at a National Guard facility, (2) that have a total cost not exceeding federal limits, and (3) that will be funded entirely with federal funds, are not subject to the Article.

    Section 36.7

    Amendment #17 amends Section 11.10(b) of SL 2013-360, as amended by Section 3.12 of SL 2013-363, to repeal subsection (d) of Section 9.10 of SL 2012-142 (was, repealed Section 11.10(b) of SL 2013-360, as amended).


  • Summary date: May 29 2014 - More information

    Senate committee substitute, as amended, makes various changes to the 1st 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 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: May 14 2014 - More information

    Blank bill.


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