Bill Summaries: H528 BUDGET TECHNICAL CORRECTIONS. (NEW)

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  • Summary date: Aug 3 2017 - View Summary

    AN ACT TO MAKE TECHNICAL, CLARIFYING, AND OTHER MODIFICATIONS TO THE CURRENT OPERATIONS APPROPRIATIONS ACT OF 2017. Enacted July 31, 2017. Effective July 1, 2017, except as otherwise provided.


  • Summary date: Jun 29 2017 - View Summary

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

    Amendment #6 adds new Section 2.19, amending Section 7.3(h) of SL 2017-57 (Appropriations Act of 2017). Establishes that a county containing a base of the US Armed Forces that has an average daily membership of more than 23,000 students is to receive whichever is the higher amount in each fiscal year as follows: either the amount of supplemental funding the county received as a low-wealth county in the 2012-13 fiscal year, or the amount of supplemental funding the county is eligible to receive as a low-wealth county pursuant to the formula for distribution of supplemental funding under the other provisions of Section 7.3 of SL 2017-57 (currently, the counties receive the same amount of supplemental funding for low-wealth counties as received in the 2012-13 fiscal year).

    Amendment #7 adds new Section 2.10A, amending Section 8.8A(a) of SL 2017-57. Directs the Department of Public Instruction to administer a one-time, lump sum bonus by October 31 of each year of the 2017-19 biennium, in the amount of $385, to any teacher with at least 25 years of teaching experience who is employed as of October 1 of the year the bonus is awarded (currently, does not specify that the teacher must be employed as of October 1 of the year the bonus is awarded).

    Amendment #8 adds new Section 5.5, amending Section 18B.9(d) of SL 2017-57. Now provides that in order to implement the provisions of Section 18B.9(c) (amending GS 7A-133), the following applies: (1) the district court judgeship with a term expiring December 31, 2020, serving District 9A is allocated to Judicial District 9, and the judgeship with a term expiring December 31, 2018, currently serving District 9A is allocated to Judicial District 17A of the General Court of Justice effective January 1, 2019, and (2) a vacancy occurring in the district court judgeship with a term expiring December 31, 2018, currently serving District 9A before January 1, 2019, is to be filled by appointment for a term to end December 31, 2018, and a vacancy occurring in the district court judgeship with a term expiring December 31, 2020, currently serving District 9A before January 1, 2019, is to be filled by appointment for a term to end December 31, 2020 (currently, does not distinguish between the differing expiration of judgeships). 

    Adds new Section 5.6, amending GS 7A-60(a1) as amended by Section 18B.9(e) of SL 2017-57. Deletes the changes to the prosecutorial districts and the number of full-time assistant district attorneys. Instead, only eliminates District 9A, transferring Person County to District 10 and Caswell County to District 22, and equally splitting the six current full-time assistant district attorneys between each District 10 and 22. 

    Explicitly terminates the office and term of the district attorney for Prosecutorial 9A formerly consisting of Person and Caswell counties upon the expiration of the current term, December 31, 2018. Effective January 1, 2019, District 9A is eliminated. Directs that all open investigations and pending cases for Prosecutorial District 9A formerly consisting of Person and Caswell Counties be transferred to either District 10 or District 22. Adds Person County to District 10 and the number of ADAs in that district is increased by three, and adds Caldwell County to District 22 and the number of ADAs in that district is increased by three. Makes conforming changes to repeal Section 18B.9(h) of SL 2017-57. Effective January 1, 2019, and directs that elections conducted in 2018 are to comply with the districts as modified by Section 18B.9.

    Amendment #9 adds new Section 5.7, adding Section 18B.13 to SL 2017-57. Authorizes the Administrative Office of the Courts (AOC) to appoint up to two special prosecutors per Council of State member at the member's request to aid local district attorneys' offices in prosecuting cases arising under Article 15 of GS Chapter 14, violations of GS Chapter 58, and violations of GS Chapter 14 as they relate to insurance fraud. Directs AOC to consult with the Conference of District Attorneys in making the appointments. Provides that attorneys appointed as special prosecutors under the program are agency attorneys currently employed in the department of the requesting Council of State member and are to have a physical office space in the local district attorney's office throughout the duration of the special appointment. Directs the special prosecutors to report to the Director of AOC or the director's designee on all cases related to the special appointment. Clarifies that these provisions do not authorize the hiring of additional personnel or outside counsel.

    Directs AOC in conjunction with the agencies that utilize the Council of State special prosecutor pilot program to report to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety by April 1, 2018. Requires the report to include the results of the pilot program and recommendations on whether the program should be extended.

    Provides that Section 18B.13 expires June 30, 2019, and all pending cases are to remain within the local district attorney's office for prosecution by attorneys employed by that office. 

    Amendment #10 adds new Section 6.8, providing that in the 2017 elections, the Executive Director of the Bipartisan Board of Elections and Ethics Enforcement has the authority to reduce the canvass period to whatever amount of time the Executive Director believes necessary in order to ensure orderly elections on the election schedule otherwise required by law. Provides that if the Executive Director shortens the canvass period, the Executive Director is required to provides at least two weeks notice of the new canvass period to the county boards and to the public. Provides that Section 6.8 expires November 7, 2017.


  • Summary date: Jun 28 2017 - View Summary

    Senate amendments makes the following changes to the 4th edition.

    Amendment 1.

    If S 257, from the 2017 Regular Session, becomes law, deletes the provisions in GS 7A-305(a5)(3), GS 7A-306(a)(2), and GS 7A-307(a)(2), which direct the State Treasurer to remit $1.50 from each specified fee received under those subdivisions to the NC State Bar for the legal services programs described in GS 7A-474.

    Amendment 2.

    If S 257, from the 2017 Regular Session, becomes law, then amends that act to add two new sections. New Section 34.44(a) directs the Department of Transportation, upon the reopening and operation of the visitor center in Fair Bluff, to continue to provide funding for the operation of the visitor center. Directs the Department to continue to provide funding for the operation of a visitor center in Tabor City so long as the visitor center remains open and operational.

    Amendment 3.

    If S 266, from the 2017 Regular Session, becomes law, then amends Section 1 of that bill by replacing one of the parcels of land from the list of parcels in that section with another parcel.


  • Summary date: Jun 28 2017 - View Summary

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

    Amendment #4 amends Section 34.6A(h) of SB 257 of the 2017 Regular Session if SB 257 becomes law. Changes the effective dates for subsections (a) and (b) of Section 34.6A (amending GS 136-18(29a) and enacting GS 160A-307.1, both concerning road improvements adjacent to schools) to August 1, 2017 (was, October 1, 2017).

    Amendment #5 amends SB 257 of the 2017 Regular Session, if it becomes law. Amends the effective date for Section 17.4, regarding human trafficking laws, to make that section become effective January 1, 2018 (was, effective when the bill becomes law). 


  • Summary date: Jun 28 2017 - View Summary

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

    Deletes all previous provisions. Changes the long and short titles, and now provides the following.

    Part I. General Provisions

    Provides for the following if SB 257 (Appropriations Act of 2017) of the 2017 Regular Session becomes law.

    Amends Section 2.1 of SB 257, adjusting the appropriations from the General Fund to the following departments and agencies for the 2017-18 fiscal year: the Community Colleges System Office, the Department of Commerce, the Department of Natural and Cultural Resources, the Department of Administration, and the Office of State Budget and Management. Makes conforming changes to the total current operations figure.

    Amends Section 5.3 of SB 257, adding a new provision directing the Joint Legislative Commission on Governmental Operations to appoint a committee to study the Needs-Based Public School Capital Fund program established in Section 5.3. Directs the committee to study (1) the obstacles to counties' ability to participate in or achieve maximum benefit from the program and (2) potential uses of program funds to facilitate participation and school capital construction. Requires the committee to submit a report and any recommendations to the Joint Legislative Commission on Governmental Operations on or before February 1, 2018.

    Part II. Education

    Provides for the following if SB 257 (Appropriations Act of 2017) of the 2017 Regular Session becomes law.

    Adds to Part VII of SB 257, specifying that it is the intent of the General Assembly to use the data collected in accordance with the reporting requirements set out in Section 2 of SL 2017-9 (reporting requirements and accountability measures concerning class size requirements) to fund a new allotment for program enhancement teachers for local school administrative units beginning with the 2018-19 fiscal year. 

    Amends Section 7.23A(a)(2) of SB 257, removing building security programs from the security advisory and consulting services that are to be included in the expansion of the School Connectivity Initiative.

    Amends GS 115C-64.28(b), as enacted by Section 7.23I of SB 257, to provide that the Associate Superintendent can be removed from the position by the Superintendent of Public Instruction (currently, qualified removal to instances of the Associate Superintendent's incapacity to serve).

    Amends Section 7.23J(b) of SB 257, pertaining to the annual report that must be submitted by the Department of Public Instruction (DPI) by December 1 of each year, containing aggregated information from the annual reports submitted by each local school administrative unit pursuant to GS 115C-105.25. Adds that the report DPI must submit by December 1, 2017, pursuant to GS 115C-105.25(d) must include information on uses of funds pursuant to GS 115C-105.25(c), as amended (requiring descriptions of certain allotment transfers that must be included in local unit annual reports), for the 2014-15, 2015-16, and 2016-17 fiscal years (previously, only noted that the revisions to GS 115C-105.25 applies beginning with the use of funds during the 2014-15 fiscal year).

    Amends GS 115C-83.15, as amended by Section 7.26 of SB 257, concerning school achievement, growth, performance scores, and grades. Removes existing language requiring the State Board of Education (State Board) to enter all necessary data into the Education Value-Added Assessment System (EVAAS) in order to calculate school performance scores and grades. Clarifies that the State Board must calculate the overall school performance score by adding the school achievement score as set out in subsection (b), and the school growth score as determined using EVAAS as provided in subsection (c), earned by the school (existing language directs the State Board to use EVAAS to calculate the overall performance score as specified). Makes conforming changes. Removes language directing the State Board to calculate school performance scores and grades for certain subgroups of students served by a school by using EVAAS.

    Adds to Section 7.27 of SB 257, directing that of the funds appropriated to DPI by SL 2015-241 (Appropriations Act of 2015) for the Excellent Public Schools Act in the 2016-17 fiscal year, up to $5 million must remain available until the end of the 2017-18 fiscal year instead of reverting at the end of the 2016-17 fiscal year. Directs that these funds be allotted to local school administrative units for the purchase of computers or other electronic devices used for the administration of the formative and diagnostic reading assessments made available by the State Board pursuant to GS 115C-174.11. Provides that this new provision is effective June 30, 2017.

    Amends Part VII of SB 257. Requires that students enrolled in Halifax County Schools be permitted to participate in the residential STEM enrichment program for traditionally underserved students. Adds that the program is to be supported by $300,000 in nonrecurring funds appropriated by SB 257 to DPI for the 2017-18 fiscal year to be used by the State Board to contract for administration of the program.

    Prohibits DPI from either eliminating the specified Education Consultant III position, or reducing the funds by the sum of $111,042 in each fiscal year to correspond with the elimination of that specified position, for the 2017-19 fiscal biennium.

    Directs DPI to eliminate the specified Social/Clinical Research Specialist position and to reduce the funds by $67,649 in each fiscal year to correspond with the elimination of that specified position, for the 2017-19 fiscal biennium. Further directs DPI to reduce funds by the sum of $43,393 in each fiscal year to decrease support for the operating costs of DPI for the 2017-19 biennium. 

    Amends Section 8.26(n) of SL 2015-241 as amended, to remove the directive requiring DPI to implement an anonymous safety tip line application as required under GS 115C-105.51, as amended, by July 1, 2018.

    Amends Section 8.8B(d) of SB 257, which sets out the application provisions for Section 8.8B, amending Section 9.7 of SL 2016-94, which created the Third Grade Read to Achieve Teacher Bonus Program. Now provides that subsections (a) and (b) of Section 9.7 of SL 2016-94, setting out general provisions of the program, apply for bonuses awarded in January 2018, 2019, and 2020, based on data from the 2016-17, 2017-18, and 2018-19 school years, respectively. Adds that subsection (c), directing the State Board to study and report on the effect of the program, applies only for bonuses awarded in January 2018, based on data from the 2016-17 school year (previously, provided that Section 8.8B applies beginning with bonuses awarded in January 2018).

    Amends Section 8.8C of SB 257, pertaining to the administration of the Third Grade Read to Achieve Teacher Bonus Program. Removes language limiting the program to the 2018-19 fiscal year. Changes the reporting requirements concerning the program to now require the State Board to report on the program, as previously specified, by March 15 of each year (was, by March 15, 2019). Adds a new provision establishing that Section 8.8C applies for bonuses awarded in January 2019 and 2020, based on data from the 2017-18 and 2018-19 school years, respectively.

    Amends Section 9.3(a) of SB 257, removing the requirement that the State Board of Community Colleges include an assessment of space requirements in its study of the costs of workforce training and academic instruction delivered by the community colleges.

    Adds to Part IX of SB 257. Directs the Community Colleges Systems Office to allocate $526,119 of the funds allocated to the Systems Office in SB 257 for the 2017-18 fiscal year, to Forsyth Technical Community College to support instructional programs and services at the Transportation Technology Center.

    Amends Section 10.8(c) of SB 257, directing the University of North Carolina to report to the Office of State Budget and Management and the Fiscal Research Division on the implementation of the management flexibility reduction in Section 10.8 no later than April 1, 2019 (previously, directed two separate reports, one for the 2017-18 fiscal year to be submitted by April 1, 2018, and one for the 2018-19 fiscal year to be submitted by April 1, 2019).

    Adds to Part X of SB 257, specifying that the revised net appropriation for the NC State Cooperative Extension is $39,095,231 for the 2017-18 fiscal year, and $39,195,231 for the 2018-19 fiscal year.

    Amends Section 10A.1(c) of SB 257, removing language specifying that the $1.8 million the State Education Assistance Authority is authorized to use for the 2017-18 fiscal year to purchase software to support the administration of the Opportunity Scholarship Grant Program and the Special Education Scholarships for Children with Disabilities Program is in nonrecurring funds.

    Amends Section 10.23 of SB 257 that amends Section 27.6 of SL 2016-94, to more specifically direct that up to $4 million in nonrecurring funds of the funds appropriated in SL 2016-94 to the Office of State Budget and Management, Special Appropriations for the 2016-17 fiscal year, be allocated to the UNC Board of Trustees for the repair and renovations of certain laboratories of the Department of Applied Physical Sciences (currently, for the operation of the Department of Applied Physical Sciences). Provides that the allocations are to be matched by UNC-Chapel Hill (currently, by the Board of Trustees) on the basis of $1 in allocated funds for $1 in non-State funds provided by UNC-Chapel Hill by June 30, 2018, for the purposes of repairing and renovating certain laboratories of the Department of Applied Physical Sciences (currently, matched by funds raised by the Board of Trustees by June 30, 2019, and used for the purpose of operation of the Department). Specifies that these funds are not to revert, but are to continue to be available as matching funds for the 2017-18 fiscal year to be used for the specified purposes (currently, available for the 2017-19 fiscal biennium). Effective June 30, 2017.

    Amends Part X of SB 257, directing that the additional nonrecurring funds appropriated by SB 257 in the amount of $500,000 for the NC State Biomanufacturing Training and Education Center (BTEC) be used only to support training and education. 

    Amends Section 7.26(a) of SB 257, amending GS 115C-12(9)c1.3, to require the annual report card for high schools to include measures of Cambridge Advanced International Certificate of Education (AICE) Program participation and Cambridge AICE examination participation and performance. Applies beginning with the 2017-18 school year.

    Part III. Health and Human Services

    Provides for the following if SB 257 (Appropriations Act of 2017) of the 2017 Regular Session becomes law.

    Adds to Part XI of SB 257, directing that recurring funds appropriated in SB 257 to the Department of Health and Human Services (DHHS), Division of Central Management and Support, for each fiscal year of the 2017-19 biennium to support the development of an Alzheimer's Registry, is to be accomplished through the Bryan Alzheimer's Disease Research Center at Duke University Medical Center. 

    Amends Section 11A.8(d) of SB 257, specifying that the annual reporting to the Office of Rural Health by recipients of community health grant funds set forth in Section 11A.8 begins July 1, 2018.

    Adds to Part XI of SB 257, permitting that nonrecurring funds appropriated in SB 257 to DHHS, Division of Public Health, for the 2017-18 fiscal year for allocation to the H.E.L.P. Center, Inc., to be used to support all nonsectarian services and all recipients of nonsectarian services provided by the H.E.L.P. Center, Inc.

    Amends Section 11L.1(ff) of SB 257, directing that of the $451,809 allocated in Section 11L in the Preventative Health Services Block Grant in each year of the 2017-19 biennium to DHHS, Division of Public Health, Oral Health Preventative Services, $120,286 must be used to establish a Public Health Epidemiologist II position and a Dental Equipment Technician I position.

    Part IV. Agriculture and Natural and Economic Resources

    Provides for the following if SB 257 (Appropriations Act of 2017) of the 2017 Regular Session becomes law.

    Amends Section 13.13(d), extending the date by which the NC Policy Collaboratory must report its recommendations concerning economic development to promote the State's shellfish harvesting heritage, as specified, from March 1, 2018, to December 31, 2018.

    Amends Section 13.22(a), removing language specifying that the allocations to the Division of Water Infrastructure of the Department of Environmental Quality (DEQ) for water and sewer infrastructure grants are made from nonrecurring funds. 

    Amends Section 14.19 of SB 257, directing that the funds appropriated to the Division of North Carolina Aquariums in the Department of Natural and Cultural Resources (DNCR) for a satellite aquarium facility be used for planning of the Black Farms satellite aquarium area in Scotts Hill, NC (currently, directs that a specified amount in nonrecurring funds for the 2017-18 fiscal year appropriated to the Division be allocated for this purpose).

    Adds to Part XIII of SB 257, specifying that the Division of Marine Fisheries positions authorized in SB 257 and supported by receipts from the sales of Coastal Recreational Fishing Licenses are authorized in the marine Resources Fund. Further specifies that funds appropriated in SB 257 to DEQ for university energy centers are to be divided evenly between NC A&T, Appalachian State, and NC State.

    Adds to Part XIV of SB 257, establishing that the revised net appropriation for grants-in-aid to local history museums within the specified Fund Code is $160,000, and the funds appropriated in SB 257 for a grant-in-aid for the Oxford Museum of History is instead to be provided to the Granville County Historical Society, Inc. Provides that the funds provided for in SB 257 for the North Carolina Museum of Art can be used to establish up to 25 positions. Reduces the funds appropriated for grants-in-aid for local libraries by $100,000 in nonrecurring funds for the 2017-18 fiscal year, and specifically directs that no funds be provided to Caldwell County for a bookmobile. Directs that the funds for grants-in-aid for the Aberdeen Library be provided to the Friends of Aberdeen Library and not to the Town of Aberdeen.

    Repeals Section 15.5(b)(1) of SB 257, which directed the Office of State Budget and Management to move the Site and Building Development Fund within the Budget Code.

    Amends Section 15.8(b) of SB 257, increasing the funds appropriated to the Rural Economic Development Division of the Department of Commerce that must be used to provide grants-in-aid for downtown revitalization from $5,775,000 to $5,875,000. Adds to the counties and municipalities to which the grants-in-aid  are to be provided to now include $33,334 to the Town of Summerfield, and $33,333 each to the Towns of Stokesdale and Oak Ridge for downtown revitalization projects.

    Increases the appropriation for downtown revitalization grants within the Rural Economic Development Division by $100,000 in nonrecurring funds. Establishes that the revised net appropriation for downtown revitalization grants is $8,630,000.

    Amends Section 15.18(a) to authorize the NC Industrial Commission to carry forward up to $250,000 previously appropriated, encumbered, or designated (currently, up to $250,000 appropriated) in the 2015-16 fiscal year for legal services. 

    Increases the appropriation to the Department of Commerce for State Aid to Non-State Entities in the specified Fund Code by $200,000 in nonrecurring funds for the 2017-18 fiscal year to be provided as a grant-in-aid to Cleveland County ALWS Baseball, Inc., the nonprofit organization responsible for hosting the 2017 American Legion Baseball World Series, for the expansion of the facility and marketing and national promotion for the home site in Shelby, NC. Establishes that the revised net appropriation for State Aid to Non-State Entities is $20,300,810 for the 2017-18 fiscal year. 

    Amends Section 15A.2(c) to include Cleveland County ALWS Baseball, Inc., in the listed entities that must comply with the reporting requirements of Section 15A.2(c).

    Amends GS 143-215.73F(c)(4), concerning cost-share of projects funded by the revenue from the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund (Fund), to now require (currently, permit) the cost-share for the dredging of the access canal around the Roanoke Island Festival Park be paid from the Historic Roanoke Island Fund established in GS 143B-131.8A.

    Amends GS 143B-135.234(a), to now provide that the Clean Water Management Trust Fund be administered by the Department of Natural and Cultural Resources (currently, administered by DEQ).

    Part V. Justice and Public Safety

    Provides for the following if SB 257 (Appropriations Act of 2017) of the 2017 Regular Session becomes law.

    Amends Section 16B.10(e) of SB 257, clarifying that there is to be no reduction (currently, no changes) to the total authorized budget to the State Capitol Police Section, as it existed on March 1, 2017, prior to the transfer of the State Capitol Police from the State Highway Patrol to the Department of Public Safety, not including changes to the total authorized budget of the State Capitol Police that are expressly required by the Committee Report described in Section 39.2 of SB 257.

    Adds to Subpart XVI-B of SB 257, directing that of the funds appropriated to the State Bureau of Investigation (SBI) in the 2017-18 fiscal year, including funds appropriated for Alcohol Law Enforcement, the SBI is authorized to use up to $125,000 for Operation Medicine Drop.

    Amends Section 16D.4(e) of SB 257, to amend GS 7B-2200.5(a)(1) as enacted, to provide for the transfer of jurisdiction of a juvenile at least 16 years of age to superior court upon notice to the juvenile and a finding by the court that a bill of indictment has been returned against the juvenile charging the commission of an offense that constitutes a Class A, B1, B2, C, D, E, F, or G felony (previously, E felony omitted) if committed by an adult (conforms to (a)(2)).

    Makes technical and clarifying changes to specifically refer to subsections (ee), (gg), (hh), and (ii) of Section 16D.4 in Section 16D.4(jj) of SB 257 concerning the effective date of those provisions.

    Part VI. General Government

    Adds to Part XIX of SB 257, directing the Office of State Budget and Management to realign the base budget as specified for the 2017-19 fiscal biennium to include five FTE positions, increase receipts, and include any other necessary operational costs for the Eastern Carolina State Veterans Cemetery in Goldsboro. Prohibits the Department of Military and Veterans Affairs (DMVA) from closing any of the State's veterans' cemeteries. Directs DMVA to continue to operate the State's veteran cemeteries and maintain the current level of operations using any or all of the following financial supports: (1) receipts generated by any of the State owned veterans' cemeteries, (2) carryforward funding, and (3) reserve account fund balances under the purview of DMVA.

    Amends Section 22.2 of SB 257 to also repeal Section 8 of SL 2009-474, which established four new Engineering/Agricultural Technician - Advanced positions within the Department of Administration.

    Adds to Part XXVI of SB 257. Directs that of the funds appropriated in SB 257 to the Office of State Budget and Management, Special Appropriations, the sum of $100,000 in nonrecurring funds for the 2017-18 fiscal year be allocated to Caldwell County for EMS services, in addition to grant-in-aid funds appropriated as described in the Committee Report in Section 39.2 allocated to Caldwell County for EMS services for the 2017-18 fiscal year. Establishes that the revised net appropriations for fire and rescue grants-in-aid is $645,000 in nonrecurring funds for the 2017-18 fiscal year.

    Further adds to Part XXVI, directing that of the funds appropriated to the Department of Administration in the specified Budget Code, the sum of $250,000 in nonrecurring funds for the 2017-18 fiscal year be allocated to the Indian Affairs Commission for operational support. Establishes that the funds are to be used to expedite the recognition review process of NC tribes and commissions. Establishes that the revised net appropriation for the Indian Affairs Commission is $682,336 for the 2017-18 fiscal year. 

    Adds to Part XXXI of SB 257, reducing the funds appropriated to the Office of State Budget and Management, Special Appropriations, for the dinosaur project at the NC Museum of Natural Sciences to improve the visitor experience by $1,226,119 in nonrecurring funds for the 2017-18 fiscal year. Establishes that the revised net appropriations for this project is $273,881.

    Further adds to Part XXXI, directing that of the funds appropriated to the Office of State Budget and Management, Special Appropriations, $150,000 in nonrecurring funds for the 2017-18 fiscal year be allocated to Halifax County for redevelopment of the Joseph Montfort Amphitheater for the First for Freedom Outdoor Drama. Establishes that the revised net appropriation for this project is $150,000 for the 2017-18 fiscal year only.

    Further adds to Part XXXI, directing that of the funds appropriated to the Office of State Budget and Management, Special Appropriations, $2.5 million in nonrecurring funds for the 2017-18 fiscal year be allocated to the North Carolina Civil War History Center (Center). Directs that an additional $2.5 million of the same appropriations in nonrecurring funds for the 2017-18 fiscal year be allocated to the Center as a matching grants. Directs the Office of State Budget and Management to match one dollar for every private dollar provided in kind or otherwise of up to $2.5 million for the matching grant described, upon verification of the collection of $2.5 million in private donations by the Center.

    Part VII. Transportation

    Provides for the following if SB 257 (Appropriations Act of 2017) of the 2017 Regular Session becomes law.

    Amends Section 34.10 of SB 257, amending GS 136-76.2(c) as enacted, adding the installation of culverts described in subsection (b) of GS 136-76.2 in cases of emergency only to those bridge projects that do not have to be outsourced to private contractors.

    Amends Section 34.26(a) of SB 257, delaying the date by which the Global TransPark Authority must establish and implement a strategic plan for the Global TransPark from January 1, 2018, to March 1, 2018, and the date by which the Global TransPark Authority must submit a report, as specified, from January 15, 2018, to March 15, 2018.

    Amends Section 34.32 of SB 257, amending GS 20-4.03(a) as enacted, to authorize the Division of Motor Vehicles (DMV) to charge a fee to any person who requests (previously, to individuals who request) an administrative hearing before the DMV in accordance with GS Chapter 20. Effective January 1, 2018.

    Part VIII. Salaries and Benefits

    Provides for the following if SB 257 (Appropriations Act of 2017) of the 2017 Regular Session becomes law.

    Amends Section 35.21 of SB 257 to rename the committee established as the State Employee Compensation and Benefits Committee (was, the State Employee Total Compensation Committee). Makes changes directing the Committee to study the compensation and benefits of State employees. Provides that benefits include the value of health care, retirement, leave, and other flexible benefits (previously, provided that total compensation included cash compensation, as well as those benefits listed). Makes conforming changes.

    Part IX. Capital

    Provides for the following if SB 257 (Appropriations Act of 2017) of the 2017 Regular Session becomes law.

    Amends Section 36.5(e) of SB 257, specifying that of the funds allocated from the Reserve for Repairs and Renovations for the 2017-18 fiscal year, $750,000 is to be allocated to create a plan for the energy production facility replacement project (currently, allocated for the energy production facility replacement project) at Western Carolina University, notwithstanding GS 143C-3-3, and for the 2017-18 fiscal year only (currently, does not clarify the provision controls notwithstanding GS 143C-3-3, and does not limit the provision to the 2017-18 fiscal year).

    Amends Section 36.10 of SB 257, making technical and clarifying changes. Provides that the Department of Public Safety must accommodate any new requirements resulting from the enactment of Section 16D.4 of SB 257 (increasing the age of juvenile jurisdiction, except for certain felonies) by maximizing the use of existing facilities (currently, the provisions rest on whether HB 280, the Juvenile Justice Reinvestment Act of the 2017 Regular Session becomes law, and involve the enactment of that act).

    Amends Section 37.9 of SL 2016-94, authorizing the construction of the business school of the University of North Carolina at Pembroke to be funded by up to $13 million from receipts or from other non-General Fund sources available to the University raised or made available by the University prior to December 31, 2018 (currently, December 31, 2017).

    Directs that the funds appropriated to the Department of Public Safety for the Stonewall Jackson Youth Development Center be used to construct fencing around the dilapidated buildings at the facility.

    Amends Section 36.2 of SB 257, eliminating the appropriation from the General Fund of $5 million for the 2017-18 fiscal year for the Fayetteville Civil War Museum project under the Department of Natural and Cultural Resources. Makes conforming adjustments to the total Capital Improvements - General Fund figure. Makes conforming changes to delete Section 36.2(c) of SB 257.

    Part X. Information Technology

    Repeals Section 37.12 of SB 257, which directed the Department of Information Technology to use a competitive RFP process as necessary during the 2017-19 fiscal biennium to continue the work of the FirstNet program for wireless broadband networking capabilities, and directed the Department to submit a report to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on the outcome of the RFP process. Effective when the act becomes law.

    Part XI. Effective Date

    Provides that the act becomes effective July 1, 2017, except as otherwise provided. 


  • Summary date: Apr 20 2017 - View Summary

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

    Amends proposed GS 136-93.1A (Time frame for reviewing and making a decision on traffic impact analyses). Provides that an overturned rejection of a traffic impact analysis deems the analysis complete, if the basis for rejection was incompleteness, or approved, if rejected for any other reason. Directs DOT to develop and use criteria for determining whether to approve or reject a traffic impact analysis.


  • Summary date: Apr 11 2017 - View Summary

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

    Amends the title of proposed GS 136-93.1A, Time frame for reviewing and making a decision on traffic impact analyses (previously, on certain driveway permit applications). Makes conforming changes throughout the proposed statute to remove driveway permits from the scope of the act. 

    Amends subsection (a), setting out the time frames that apply to the Department of Transportation's process for reviewing and making a decision on a traffic impact analysis. Modifies subdivision (3) to require the Department of Transportation (Department) to review and make a decision as to the issuance of a traffic impact analysis no later than 20 business days from the day the traffic impact analysis is determined or deemed to be complete in accordance with subdivision (2) of subsection (a) or subsection (e) (previously, did not include subsection (e)). 

    Amends subsection (b), setting out the rules that apply when calculating the time frames provided in subsection (a), making subdivision (1) (requiring the period of time in which a local government or local transportation planing organization reviews and provides feedback be included) applicable to all of subsection (a), not just subdivisions (1) and (2) as previously provided. 

    Adds to subsection (c), providing that when the Department rejects a traffic impact analysis, the Department must provide the applicant written notice specifically setting forth the reason for rejection.

    Adds new subsection (d), establishing that the time frames set forth in subsection (a) reset upon rejection of a traffic impact analysis. Permits the Department to authorize an applicant to reuse the scope approved for a rejected traffic impact analysis if the applicant is submitting a revised traffic impact analysis. Directs the Department to notify the applicant as to whether the original scope can be used no later than five business days from the day the Department receives notice from the applicant that the applicant plans to submit a revised traffic impact analysis.

    Adds new subsection (e) providing for an appeal of a rejection of a traffic impact analysis by an applicant providing written notice of appeal to the Chief Engineer no later than five business days from the day the applicant receives the written notice required under subsection (c). Requires the Chief Engineer to, within five business days from the written notice of appeal, to either affirm or overturn the rejection being appealed. Provides that if the rejection being appealed is overturned, the traffic impact analysis that was the subject of the appeal is deemed complete. Requires the Chief Engineer to provide the appealing party with written notice of the Chief Engineer's decision, specifically setting forth the reason if the rejection being appealed is affirmed. Provides that the decision by the Chief Engineer is subject to further appeal.

    Makes conforming organizational changes.

    Provides that the above provisions are effective October 1 (was July 1) 2017, and applies to proposed scopes and traffic impact analyses (previously, driveway permit applications) submitted on or after that date.

    Directs the Department to commence development of the appeals process required by GS 136-93.1A(e) when the act becomes law. 

    Changes the act's long title.


  • Summary date: Mar 29 2017 - View Summary

    Enacts new GS 136-93.1A (Time frame for reviewing and making a decision on certain driveway permit applications). Applies time frames to the Department of Transportation's process for reviewing and making a decision on a driveway permit application that requires a traffic impact analysis. Directs the DOT to communicate the scope of the traffic impact analysis to the applicant within 10 business days of the day the DOT receives the scope proposed by the applicant. Directs the DOT to review and make a decision on the completeness of the traffic impact analysis no later than 20 business days from the day the department receives the traffic analysis. Directs the DOT to review and make a decision as to the issuance of a driveway permit no later than 20 business days from the day the traffic impact analysis is determined or deemed to be complete. Provides for the calculation of the time frames. Provides that the DOT may not reject a traffic impact analysis or deny issuance of a driveway permit on the basis of the exclusion of information that is outside the scope communicated by the DOT to the applicant. Directs the DOT to develop and use criteria for determining the scope of traffic impact analyses and their completeness, and to post the criteria on its website. Provides for the amendment of the criteria. Directs the DOT to report annually, beginning October 1, 2017, to the chairs of the Joint Legislative Transportation Oversight Committee on the number of times the Department failed to meet the time frame for communicating the scope of the traffic impact analysis to the applicant.

    Effective July 1, 2017, and applies to driveway permit applications received on or after that date.