Bill Summary for H 200 (2011-2012)
|View NCGA Bill Details||2011-2012 Session|
TO MAKE BASE BUDGET APPROPRIATIONS FOR CURRENT OPERATIONS OF STATE DEPARTMENTS, INSTITUTIONS, AND AGENCIES, AND FOR OTHER PURPOSES.Intro. by Brubaker.
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House amendments make the following changes to 3rd edition.
Amendment #1 amends Section 5.4.(d) to allow local school administrative units to use funds received from the Public School Building Capital Fund pursuant to subsections (b) and (f) (previously limited to only subsection (f)). Amends Section 9.13.(b) to allow the giving of tuition and fee waivers or especially reduced rates when expressly authorized by statute or session law under GS 116-143(c). Amends Section 10.48.(a) by increasing the amount of achieved savings to $18.2 million in 2011-12, and to $29 million in 2012-13 that DHHS is directed to achieve through a greater generic prescription dispensing rate under Medicaid.
Creates a new section to read:
USE OF FUNDS/FOOD AND LODGING PROGRAM
SECTION 13.10C. Directs the Division of Environmental Health to not change the use of the $400,000 appropriation originally intended for aid to counties for local food and lodging programs. Specifies the Division may not use the funds to pay for the costs to operate the state elements of the program. Specifies that counties will not receive a higher percentage of the food and lodging fee that would have offset not receiving the grant funds.
Deletes Section 13.20., which permitted a marine fisheries inspector authorized by the Fisheries Director (or designee) to accept delegation of law enforcement powers from the National Marine Fisheries Service over matters within the Service’s jurisdiction. Amends Section 13.22.(a) by rewriting GS 143-215.10A to specify that technical assistance for animal waste management systems will be provided by the Division of Soil and Water Conservation.
Creates a new section to read:
TRANSFER OF NC HUMAN RELATIONS COMMISSION FROM DEPARTMENT OF ADMINISTRATION TO OFFICE OF ADMINISTRATIVE HEARINGS
SECTION 20.1A. Transfers the North Carolina Human Relations Commission created pursuant to GS 143B-391, other than the administration of the Martin Luther King, Jr. Commission created pursuant to GS 143B-426.34A, from the Department of Administration to the Office of Administrative Hearings. Makes other technical and conforming changes.
Amends Section 24.1. by reinstating language previously deleted, allowing a free copy of the NC
Administrative Code to specified parties.
Creates new section to read:
PERSONNEL ADJUSTMENT AND IT REDUCTION
SECTION 25.3. Directs that of the six vacant positions eliminated in the Office of State Budget
and Management, the Accounting Technician position #60008574 is to be substituted with the State
Budget Management Analyst position #60008609. Specifies substitutions or additions relating to salaries
and benefits to be made in (1) Salaries; (2) Social Security; (3) Retirement; (4) Medical Insurance; and (5)
531211 Salary Reserve.
Creates a new section to read:
ELIMINATED POSITIONS IN VOTER REGISTRATION AND SYSTEMS
SECTION 26.2. Directs that of the ten vacant positions eliminated in the State Board of
Elections’ Voter Registration and Systems, the Elections Technician position #60088251 is to be
substituted with the Voting Systems Project Manager position #60088252.
Creates a new Part to read:
PART XXVIA. STATE CONTROLLER
SECTION 26.1A. Directs that during the 2011-2013 biennium, receipts generated by the
collection of certain inadvertent overpayments by state agencies to vendors are to be deposited in
Special Reserve Account 24172 (Reserve). Directs that for each year of the 2011-13 biennium
$500,000 of the funds transferred from the Reserve must be used by the Office of the State Controller for
data processing, debt collection, or e-commerce costs. Directs that all funds available in the Reserve on
July 1 of each year of the 2011-13 biennium be transferred to the General Fund on that date. Specifies
that any unobligated funds in the Reserve that are realized above the $500,000 allowance set forth above
are subject to appropriation by the General Assembly. Directs the State Controller to report quarterly to
the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division on the
revenue deposited into the Reserve and the disbursement of that revenue. Makes other technical changes.
Amendment #2 rewrites Section 29.8.(f) to specify that employees of the University of North Carolina Health Care System and employees participating in a constituent institution’s medical faculty practice plan may receive compensation bonuses.
Amendment #3 amends Section 10.41.(b) by rewriting GS 108A-70.21(b) to include additional language directing the Department of Health and Human Services to begin transitioning all health benefit changes of the Program to meet the coverage requirements set forth in the subsection. Makes a clarifying change.
Amendment #4 amends Section 31.30.(a) by specifying the Department of Transportation is not to establish a toll for the Knotts Island Ferry.
Amendment #5 eliminates Section 18.11., which transferred all functions, powers, duties, and obligations of administering the Sentencing Services Program entrusted in the Office of Indigent Defense Services to the Department of Correction as a Type I transfer. Creates a new section to read:
ELIMINATE SENTENCING SERVICES
SECTION 15.19. Eliminates the Sentencing Services Program of the Office of Indigent Defense Services and specifies that no funds are to be taken from the Criminal Justice Partnership Program to restore or transfer the Sentencing Services program. Makes technical and conforming statutory changes.
Amendment #7 amends Section 7.21(b), specifying that local school administrative units must make every effort to reduce spending with the goal of protecting direct classroom services, such as classroom teachers and teacher assistants in 2011-13. Directs units to first consider reductions to central office administration and other administrative functions.
Amendment #10 amends Section 10.35(b), specifying that deposits accounted as nontax revenue represent the return of General Fund appropriations, non-federal revenue, fund balances, or other resources from state-owned and operated hospitals which are used to provide indigent and non-indigent care services. Adds that the return from state-owned and operated hospitals to DHHS will be made from non-federal resources in an amount equal to the amount of the payments from the Division of Medical Assistance for uncompensated care.
Amendment #11 amends Section 31.23(b), (c), and (d) to clarify that no costs will be assessed to a motion containing as a sole claim for relief the taxing of costs, including attorneys’ fees, in GS 7A-305(f), 7A-306(g), and 7A-307(a)(4), respectively.
Amendment #12 adds the following new section:
REVISOR OF STATUTES
SECTION 22.2. Recodifies Article 2 of GS Chapter 114 as Article 7D of GS Chapter 120, entitled Codification of Statutes. Directs the Legislative Services Commission to assign to its staff duties previously designated to the Division of Legislative Drafting and Codification of Statutes in the Department of Justice, and to prepare bills as provided by GS 120-31(9). Makes conforming changes and specifies that the staff member of the Legislative Services Commission who performs duties under GS 120-36.21(3) is the Revisor of Statutes.
Amendment #14 clarifies, in Section 9.11(a), that a student’s demonstrated inability to enroll in appropriate courses due to reduced course offerings may also allow the student to receive a grant for additional financial aid.
Amendment #22 deletes Section 17.16, providing for the phaseout of allotment of teachers at geographically isolated schools, in its entirety. Adds the following new section:
GEOGRAPHICALLY ISOLATED SCHOOLS
SECTION 7.16. Prohibits any reduction in funding for additional teacher positions at geographically isolated schools as defined by Section 7.26 of SL 2009-451. Increases the recurring reduction for instructional support by $192,035 for 2011-12 and $411,053 for 2012-13.
Amendment #23 adds the potential sale, and the time such sale should take place, of a DOT Beechcraft B200 aircraft to the study directed under Section 6.13.(b).
Amendment #24 reduces the appropriation made to the General Assembly by $138,000 for both years of the 2011-13 biennium. Adds the following new section:
REDUCE FUNDING FOR PED STAFF EXPANSION TO RESTORE FUNDING TO THE AID TO COUNTIES PROGRAM IN THE DIVISION OF VETERANS AFFAIRS
SECTION 20.8. Reduces the funds appropriated to expand the General Assembly’s Program Evaluation Division by $138,000 for each of the years in the 2011-13 biennium and reduces the number of positions to expand the Division from five to three. Moves those funds to the Aid to Counties Program in the Department of Administration, Division of Veterans Affairs.
Amendment #26 adds “conservation easements” to projects approved Section 13.26.(c)(3). Replaces Section 13.26(d) with the following:
SECTION 13.26.(d). Specifies that certain funds under the section cannot be used for land acquisition, but provides that certain funds may be used to purchase conservation easements. Designates which funds may be used for land acquisition.
Amendment #28 adds a new section:
LIMIT COMPENSATION RATE PAID TO EXPERT WITNESSES BY THE OFFICE OF INDIGENT DEFENSE SERVICES
SECTION 15.19. Rewrites GS 7A-498.5(f) to set the rate of compensation for an expert witness to be no greater than the rate set by the Administrative Office of the Courts under GS 7A-314(d).
Amendment #30 makes the following changes to the appropriations from the General Fund for current operations and expansion: (1) decreases the amount appropriated to the Department of Agriculture and Consumer Services by $100,000 for 2011-12 and 2012-13 (was, appropriated $62,985,947 for 2011-12 and $58,601,764 for 2012-13); (2) decreases the amount appropriated to the Department of Commerce for Commerce State-Aid (Commerce) by $310,079 for the 2011-12 (was, appropriated $31,376,632 for the 2011-12 fiscal year); and (3) increases the appropriation to the Department of Environment and Natural Resources (DENR) by $410,079 for 2011-12 and by $100,000 for 2012-13, (was, appropriated $163,030,800 for 2011-12 and $147,986,824 for 2012-13).
Adds new Section 13.10C, Use of Funds Obtained From Closing the Raleigh Office of the Division of Coastal Management, to direct DENR to shift funding for General Fund positions, or operating expenses, or both to receipt support in the amount of $109,523 for 2011-12 and 2012-13 fiscal years from the federal receipts that were formerly used to support the one full-time receipt-supported position that is eliminated as a result of closing the Raleigh office of the Division of Coastal Management of DENR.
Adds new Section 13.10D, Funds for DENR Study of Oil and Gas Exploration in NC, to provide that if House Bill 242, 2011 Regular Session becomes law, DENR is directed to use $100,000 of the nonrecurring funds appropriated for 2011-12 to Commerce for the Institute of Regenerative Medicine at Wake Forest University to study the issue of oil and gas exploration in the state as provided in House Bill 242.
Adds new Section 13.10E, Flexibility in Reductions at DENR Regional Offices, to allow DENR the flexibility as the title indicates in meeting the total reduction under this act for each of DENR’s seven Regional Offices for the 2011-12 and 2012-13 fiscal years.
Adds new Section 13.10F, Restore Certain Positions at DENR Regional Offices, to decrease the total amount of the reduction for eliminating positions at DENR’s seven Regional Offices by $420,872 for the 2011-12 and 2012-13 fiscal years and to identify nine positions that are not to be eliminated at the seven Regional Offices. Also directs DENR to reduce its costs by $310,079 for the 2012-13 fiscal year by eliminating vacant positions that DENR selects from across DENR and using these funds to decrease the reduction under this section by $310,079 for 2012-13.
New Section 13.10G, DENR Cell Phone Funds Reduction, increases the General Fund recurring reduction for cell phones across DENR by $22,450 for the 2011-12 and for the 2012-13 fiscal years. New Section 13.10H, DENR Motor Fleet Management Funds Reduction, increases the General Fund recurring reduction for motor fleet management expenditures across DENR by $88,343 for the 2011-12 and for the 2012-13 fiscal years.
Amends the title for Section 13.23 to add the phrase, Funds to Promote Water Supply Development. Makes a conforming change to punctuation.
Adds new subsection (i) to Section 13.23 to provide that if House Bill 609, 2011 Regular Session becomes law, DENR is to use $83,000 of its funds available for Water Resources projects for the 2011-12 fiscal year to implement House Bill 609. Also adds new subsection (j) to provide that if House Bill 609 becomes law, DENR is to use $83,000 of the funds appropriated to it for the Green Square Operating Reserve for the 2012-13 fiscal year to implement House Bill 609.
Adds new Section 13.30 Museum of Natural Sciences Temporary Wages, to decrease the reduction in temporary wages for the Museum of Natural Sciences by $100,000 for the 2011-12 and the 2012-13 fiscal years.
New Section 13.31, Green Square Operating Reserve, decreases the recurring appropriation to DENR for the Green Square Operating Reserve by $100,000 for the 2011-12 and for the 2012-13 fiscal years.
Adds new Section 13.32, Soil and Water Area Coordinator Positions at DENR Regional Offices, to decrease the total reduction for eliminating positions at DENR’s seven Regional Offices by $360,278 for 2011-12 and 2012-13 fiscal years. Provides that six Soil and Water Coordinator positions are not to be eliminated at the seven Regional Offices.
New Section 13.33, Forest Resources Operating Reduction, increases the recurring reduction for the operating expenses for the Division of Forest Resources of DENR by $200,000 for the 2011-12 and the 2012-13 fiscal years.
Adds Section 13.34, Parks and Recreation Operating Reduction, to increase the recurring reduction for DENR’s Division of Parks and Recreation by $60,278 for the 2011-12 and 2012-13 fiscal years.
New Section 11.8, Agricultural Research Stations Operating Reduction, increases the recurring reduction for the operating expenses of the agricultural research stations of the Department of Agriculture and Consumer Services by $100,000 for the 2011-12 and for the 2012-13 fiscal years.
Adds new subsection (h) to Section 14.12 to decrease the non-recurring appropriation to the Department of Commerce for Commerce State-Aid for the Institute by $310,079 for the 2011-2012 fiscal year.
Provides that the appropriate totals are to be adjusted accordingly.
Amendment #32 adds a new section:
JUVENILE ASSESSMENT CENTER FUNDS
SECTION 17.12. Directs that of the funds appropriated for 2011-12 and for 2012-13 to the Department of Juvenile Justice and Delinquency Prevention for the operation of the Cumberland Regional Juvenile Detention Center, the sum of $124,075 must be used for the Juvenile Assessment Center in each fiscal year.
Amendment #33 adds protecting direct classroom services including faculty members and adjunct professors to the list of those to be considered by the UNC Board of Governors and campuses of the constituent institutions before taking reductions in instructional budgets in Section 9.6.(a).
Amendment #34 adds language to Section 10.57 specifying that the consolidation does not eliminate or reduce any programs or services currently offered by the three Divisions. Adds new section:
SECTION 10.57.(b). Provides that the savings obtained from the consolidations be achieved through reductions in administrative staff, leased space, and other administrative or overhead costs associated with the consolidation of the three Divisions only. Makes technical change.
Amendment #35 adds a new section:
YOUTH ADVOCACY AND INVOLVEMENT OFFICE POSITION CHANGES
SECTION 20.9. Increases the reduction in funding for the personnel in the Office of Youth Advocacy and Involvement Office by $50,325 for both years of the 2011-13 biennium through a change in positions eliminated and an increase in reduction to operating expenses. Restores Executive Director position #6001406 and substitutes Advocacy Specialist position # 60014503 and Administrative Officer II position #60014065, resulting in six positions being eliminated.
Amendment #38 adds a new section:
DEPARTMENT OF CORRECTION RULES FOR INMATE LABOR
SECTION 18.12.(a). Amends GS 148-26 by adding a new subsection directing the Department of Correction to establish rules, standards, and procedures for establishing inmate labor services contracts with any county or municipality expressing interest in contracting for inmate labor.
SECTION 18.12.(b). Directs the Department of Correction not to close the Bladen Correctional Center and to identify equivalent savings through the closure of other prisons, as specified.
Amendment #39 adds additional language to Section 10.7.(f) to expand access to the More at Four program to age-eligible children of either (1) an active member of the armed forces of the United States or a reserve component ordered to active duty by the proper authority within the last 18 months; or (2) a member of the armed forces of the United States or a reserve component who was injured or killed while serving on active duty.
Amendment #40 amends Section 10.21.(a), by adding community based organizations, faith based organizations and American Indian tribes as organizations to which grants-in-aid may be provided under the section. Deletes Section 10.21.(b), which required local public health departments to demonstrate certain funding partnerships. Makes conforming changes to Section 10.21.
Amendment #41 adds a new section:
REDUCE FUNDING TO THE STATE FAIR ENTERPRISE FUND TO FUND THE DEFENSE & SECURITY TECHNOLOGY ACCELERATOR
SECTION 14.2A. Provides that of the nonrecurring funds appropriated to the Department of Agriculture and Consumer Services’ State Fair Enterprise Fund, $700,000 for 2011-12 must be allocated to the Commerce State-Aid to fund the Defense & Security Technology Accelerator.
Amendment #42 adds a new section:
TRIAL COURT ADMINISTRATOR POSITIONS
SECTION 15.19. Provides that any judicial district wishing to retain or establish a Trial Court Administrator position may petition the Administrative Office of the Courts (AOC) for the position. Directs the AOC to work with the senior resident superior court judge in each district seeking a Trial Court Administrator position to identify other positions or sources of funding within that judicial district to fund the position.
Amendment #44 amends Section 5.4(b) to make the following appropriations to the Public School Building Capital Fund and UNC Need-Based Financial Aid from the Education Lottery Fund in 2011-12: $98,697,370 (was, $55,238,170) and $42,497,363 (was, $51,356,563), respectively. Deletes appropriation to Scholarships for Needy Students. Adds the following new section:
UNC NEED-BASED FINANCIAL AID PROGRAM AND UNC MANAGEMENT FLEXIBILITY
SECTION 9.17. Increases the appropriation to the UNC Board of Governors for the UNC Need-Based Financial Aid Program by $8,859,200 in each fiscal year, and increases the management flexibility reduction for UNC by $8,859,200 in each year.