Senate committee substitute makes the following changes to 1st edition. Deletes the provisions of the 1st edition and replaces it with AN ACT TO MAKE TECHNICAL, CLARIFYING, AND OTHER MODIFICATIONS TO THE CURRENT OPERATIONS AND CAPITAL IMPROVEMENTS APPROPRIATIONS ACT.
Makes the following amendments to SL 2011-145 (Current Operations and Capital Improvements Appropriations Act of 2011).
SECTION 2.1.-Modifies several appropriations from the General Fund for Current Operations for the fiscal years 2011-12 and 2012-13.
SECTION 2.2.(a)-Modifies the General Fund Availability Statement, making changes to the amount of Total General Fund Availability and the Revised General Fund Availability for fiscal year 2011-12.
SECTION 2.2.(k)-Directs the State Controller to transfer $124,500,00 (was, $1.25 million) from the unreserved fund balance to the Repairs and Renovations Reserve Account on June 30, 2011.
SECTION 3.1.- Modifies two appropriations from the Highway Fund for Current Operations for the fiscal year 2012-13.
SECTION 5.4.(h)-Amends GS 115C-546.2(d)(4) to provide that a county may use monies in the Public School Building Capital Fund to retire indebtedness incurred for school construction projects (was, restricted use of monies from the Fund to retire indebtedness for school construction projects incurred on or after January 1, 2003).
SECTION 6.1.(b)-Amends this section to add funds authorized by GS 116-30A and GS 116-40.22(c) to the specified list of actions on which the Director of the Budget can base modification of the certified budget to the extent that the specified actions are authorized by this act.
SECTION 6.2.-Expands the permitted uses for funds appropriated to the Contingency and Emergency Fund to include (1) by the State Treasurer to pay death benefits for law enforcement officers killed in the line of duty, (2) by the Industrial Commission for supplemental awards of compensation, (3) by the Department of Justice for legal fees, or (4) by the Governor for crime rewards.
SECTION 6.11.(b)-Clarifies that in this section, the term Department references the Department of Health and Human Services. Adds Roanoke Chowan CHC Telehealth Network to the specified programs and initiatives for which up to $22 million is to be used by the Department to administer grants funded from funds transferred to the State Controller as of June 30, 2011 from the funds remaining in the Health and Wellness Trust Fund, abolished in this act.
SECTION 6.11.(d)-Amends SL 1999-2, as amended in this act; specifies that certain monies paid into the NC State Specific Account that would have been transferred to The Golden L.E.A.F, Inc. or to designated trust funds must be deposited in the Settlement Reserve Fund and transferred to nontax Budget Code 19878 (was, deposited in the General Fund Account of the Settlement Reserve Fund).
SECTION 6.11.(e)-Repealed.
SECTION 6.11.(g)-Repealed.
SECTION 6.11A. MASTER SETTLEMENT FUNDS-HEALTH TRUST ACCOUNT (NEW)-Adds new section to SL 2011-145 to prohibit transferring funds from the Master Settlement Account (MSA) to the Health and Wellness Trust Fund. Directs that cash balance from MSA payments as of June 30, 2011, in the amount of $32,904,411 be deposited into the State’s General Fund to support health-related activities under Section 6.11 of this act.
SECTION 6.14. Adds Tyrrell County to the counties identified by the General Assembly as suffering the most extensive damage as a result of inclement weather on April 16, 2011, and includes Tyrrell among those counties to receive matching funds from the state to aid them in addressing the loss and damage. Increases the number of identified counties from 18 to 19.
SECTION 6.18. LOTTERY COMMISSIONERS (NEW)-Amends GS 18C-112 to add a new subsection (e) providing actions taken by a member of the Lottery Commission with regards to seeking public office that indicate that the member vacates office as a member of the Commission and requires that the vacancy be filled as provided by GS 18C-111(c).
SECTION 6A.1.(d)-Makes a clarifying change.
SECTION 6A.2.(d)-Provides that funding for any information technology project or any segment of a multipart project costing more than $250,000 is to be appropriated by the General Assembly.
SECTION 6A.2.(f)-Provides for granting an exception to the information technology hosting requirements applicable to state agencies if approved by either (was, both) the State Chief Information Officer on the basis of technology requirements or by the Office of State Budget and Management (OSBM) based on cost savings.
SECTION 6A.7.(a)-Directs the State Chief Information Officer, in conjunction with the OSBM, to develop a detailed plan for consolidating the information technology infrastructure and applications of all state agencies, departments, and institutions in the executive branch by February 1, 2012 (was, by November 1, 2011).
SECTION 6A.8.(b)-Provides that the rates be set to support a specific service for which an agency is being charged beginning with state fiscal year 2012-13.
SECTION 6A.14.(a)-Clarifies what goods and services are incorporated in the term mobile communication device as used in this section.
SECTION 6A.4.(e)-Directs agencies not to charge the Office of the State Controller to provide required support for CJLEADS.
SECTION 6A.10.(b)-Directs the Department of Administration to provide plans, a funding model, and a detailed list of state internal resources that could be used to develop and implement a state portal to the Joint Legislative Committee on information Technology by May 1, 2012.
SECTION 6A.20.(c)-Adds specifications as to the type and form of information required to be submitted by state agencies upon request to fully support and participate in the Office of the State Controller’s efforts to develop an automated fraud detection system.
SECTION 7.1A.(d1) (NEW)-Directs community colleges to generate budget FTE for instruction provided through Career and College Promise (provision was in Section 7.1A.(e)). Makes a conforming change to Section 7.1A.
SECTION 7.1A.(h)-Makes technical changes to GS 115D-20(4), as amended.
SECTION 7.13.(ee)-Repeals subsection (ee), which repealed GS 115C-105.41, which called for personal education plans for students at-risk of academic failure.
SECTION 7.13.-Repeals subsection (a) of Section 7.13 of SL 2011-145 regarding the powers and duties of the State Board of Education. Makes conforming changes repealing subsections (b) thorough (u) of Section 7.13.
SECTION 7.15.-Specifies that $90,500 of the funds provided to the Department of Public Instruction are to be transferred to the Agricultural Education and FFA Program housed in the Department of Agricultural and Extension Education at North Carolina State University (was, did not express a dollar amount to be transferred).
SECTION 7.23.(a)-Directs local school administrative units to adopt a Reduction in Force policy for certified school employees that includes specified criteria.
SECTION 7.31. TEACHER ACADEMY STATUTES REPEALED (NEW)-Makes the following changes: (1) repeals GS 115C-296.4, directing the NC Teacher Academy Board of Trustees to establish a statewide program of substantive professional development for the state’s teachers; and (2) makes conforming changes, repealing GS 120-123(63) and GS 126-5(c1)(26).
SECTION 7.32. PROFESSIONAL TEACHING STANDARDS COMMISSION STATUTES REPEALED (NEW)-Repeals GS 115C-295.1, which created the NC Professional Teaching Standards Commission (Commission), and GS 115C-295.2, which delineated the powers and duties of the Commission.
SECTION 8.12.(a)-Amends GS 115D-5(b)(2)e. to make a technical correction.
SECTION 8.12.(b)-Amends GS 115D-5(b)(12) to clarify that the provisions for community college tuition and fee waivers do not apply to students in early college and middle college high school programs but to high school students attending community college to take curriculum courses.
SECTION 8.18.(c)-Makes a technical correction.
SECTION 8.21. COMMUNITY COLLEGE BUDGET FLEXIBILITY (NEW)-Provides that the addition of this section to Part VIII of SL 2011-145 is contingent on legislation becoming law that allows the board of trustees of any community college to decline to participate in William D. Ford Federal Direct Loan Program. If such legislation becomes law, then a community college, whose board of trustees adopts a resolution declining to participate in the Loan Program, is prohibited from transferring from faculty salaries an amount that is more than 2% of the state funds allocated to that community college from faculty salaries to support other instructional costs or purposes.
SECTION 9.6.(c)-Deletes any special responsibility constituent institution with a basic type of designation of Special Focus Institution or Baccalaureate Colleges Arts & Sciences under the Carnegie Classification of Institutions of Higher Education from those entities for which no reduction in state funds is to be allocated in either fiscal year of the 2011-13 biennium in allocating the UNC management flexibility reduction.
SECTION 10.7.(a)-Directs the Division of Child Development and Early Education (DCDEE), renamed as such in this act, (was, the Division of Child Development) to maintain the More at Four program’s high programmatic standards and ensure services are provided statewide. Directs the DCDEE to use a portion of the funds transferred under this section to provide necessary services for recruitment, eligibility determination, and child placement within local communities. Provides that these services be conducted by local partnerships that choose to offer the services.
SECTION 10.14.-Repealed. Amended GS 122C-55 regarding exceptions to the disclosure of confidential information for clients of state facilities.
SECTION 10.31A.-Makes clarifying changes.
SECTION 10.35.(b)-Provides that the return from state hospitals (was, state owned and operated hospitals) to the Department of Health and Human Services (DHHS) will be made from nonfederal resources in an amount equal to the amount of the payments from the Division of Medical Assistance for uncompensated care or based on an interagency agreement in effect at the date of the return.
SECTION 10.37.(a)-Makes a modification to Medicaid services to implement a collaborative effort between Community Care of North Carolina Networks and Local Health Departments to improve perinatal care and ensure care management of high risk pregnancies.
SECTION 10.40.-Clarifies that the funds available to DHHS for the 2011-12 fiscal year and the 2012-13 fiscal year are General Fund Appropriations.
SECTION 13.3.(e)-Makes a technical correction.
SECTION 13.3.(k)-Amends GS 143-300.8 to direct DHHS (was, Department of Environment and Natural Resources) to pay any judgment against the sanitarian, or any settlement made on the sanitarian’s behalf, subject to the provisions of GS 143-300.6.
SECTION 13.3.(ddd)-Makes a technical correction.
SECTION 13.3.(eee)-Makes a technical correction.
SECTION 13.3.(fff)-Makes a technical correction.
SECTION 13.11B.-Repeals proposed new statutory provisions limiting the rule making authority of the Department of Environment and Natural Resources, the Department of Labor, and the Department of Agriculture and Consumer Services, if Senate Bill 781, Regulatory Reform Act of 2011, 2011 Regular Session, becomes law.
SECTION 13.21.-Changes the termination date for the pilot program to be implemented by the Department of Environment and Natural Resources (DENR), regarding the annual inspections of animal operations subject to a permit under GS Chapter 143, Article 21, to June 30, 2013 (was, September 1, 2011).
SECTION 13.22.(b)-Amends GS 143-215.10D(b), as amended, to provide that an animal operation may request an operations review (was, required an animal operation to have an operations review at least once a year).
SECTION 13.23.(h)-Directs that $1 million of the funds available to DENR for Water Resource Projects be transferred to the Department of Agriculture and Consumer Services, Division of Soil and Water Conservation, for the 2011-12 fiscal year to implement the Agricultural Water Resources Assistance Program.
SECTION 13.23A.(a)-Adds new subdivision to GS 106-850(b), as recodified by this act, to provide that an applicant must establish that the applicant is engaged in farming via submission of a copy of the applicant’s most recent federal tax Schedule F (Form 1040) to the Soil and Water Conservation Commission (Commission) in order to be eligible for cost share funds under this program. Amends GS 139-60, to require the applicant to submit the same information to the Commission to be eligible for assistance under the Agriculture Water Resources Assistance Program.
SECTION 13.25.(i)-Repealed. Amended GS 106-22.
SECTION 13.25.(o)-Amends GS 106-848(c) and (d) to replace references to DENR with the Department of Agriculture and Consumer Services, Division of Forest Resources.
SECTION 13.26.(c)-Directs that $6.75 million (was, $6.25) of the funds appropriated to the Clean Water Management Trust Fund are to be used for the 2011-12 fiscal year and the 2012-13 fiscal year for certain specified purposes. Defines the term minigrant to mean grant funds to provide the transaction costs to facilitate the donation of conservation easements.
SECTION 14.3A.(a) Changes the party responsible for appointments under the section from the Commissioner of Agriculture to the Secretary of Commerce.
SECTION 14.5B. Repeals Section 14.5B (amended GS 96-8(5)n).
SECTION 14.13.(c) Increases the cap on the annual salary of any one employee of a regional economic development commission to $120,000 (previously $100,000).
SECTION 14.20.(e) Removes language concerning the obligation of the Rural Center to determine that the private sector jobs will not compete unfairly with existing businesses. Adds language to require the Rural Center give preference to a resident company. Provides definition of “resident company” as used in the section.
SECTION 15.16.(c) Directs the Office of Indigent Defense Services, when selecting contracts, to consider both the cost-effectiveness of the proposed contract and the ability of the potential contractor to provide effective representation for the clients served by the contract. Makes other clarifying change.
SECTION 15.22. (NEW) Authorizes, and provides reporting requirements for, the Office of Indigent Defense Services to use up to $50,000 from the funds for the 2011-12 fiscal year to provide the state matching funds needed to receive grant funds.
SECTION 17.3. Rewrites and reorganizes Section 17.3 to specify programs for which the Department of Juvenile Justice and Delinquency Prevention may use funds as appropriated by the act.
SECTION 18.17. (NEW) Prohibits the Department of Correction from closing the Bladen Correctional Center during the 2011-13 biennium.
SECTION 19.1.(b) Amends GS 143B-249 to provide the Department of Public Safety will consist of six divisions and an Office of External Affairs (previously seven divisions). Removes the Department of Justice as an entity from which a former division may make up the Division of Law Enforcement in the Department of Public Safety. Clarifies that the Division of Emergency Management consists of the former Division of Emergency Management of the Department of Crime Control and Public Safety and the Civil Air Patrol. Directs the Department of Public Safety to consult with the Judicial Department and the Department of Justice when preparing its state plan for the state’s criminal justice system.
SECTION 19.1.(g) Makes technical change
SECTION 19.1.(i) Makes technical change
SECTION 19.1.(l) Amends GS 164-37 to reduce membership of the Commission from 30 to 28 by removing from membership the Secretary of Crime Control and Public Safety and a representative of the Division of Juvenile Justice of the Department of Public Safety. Changes membership seat on the Commission to Secretary of Public Safety.
SECTION 19.1.(h) Makes technical change.
SECTION 19.1.(q1) Deletes Section 19.1.(q1), concerning conforming changes.
SECTION 19.1.(u) Specifies that the Law Enforcement Support Services Division of the Department of Crime Control and Public Safety is abolished.
SECTION 19.1.(bb) Deletes Section 19.1.(bb), concerning the abolishment of the Law Enforcement Support Services Division of the Department of Crime Control and Public Safety.
SECTION 19.1.(x1) Makes technical change.
SECTION 19.1.(z) Makes technical change to GS 18B-500.
SECTION 19.1.(bb1) Deletes Section 19.1.(bb1), concerning the recodification of certain statutes.
SECTION 19.1.(bb2) Makes technical change to GS 143B-272.73A.
SECTION 19.1.(dd1) Deletes Section 19.1.(dd1), concerning a technical change.
SECTION 19.1.(jj) Makes technical changes to GS 122C-408.
SECTION 19.1.(hhh3) (NEW) Allows for the Alcohol Law Enforcement Division to continue being known by that name for all legal purposes. Allows all former departments which became divisions under the act, and all former divisions which became sections under the act, to continue using stationery and other items in order to avoid unnecessary expense.
SECTION 20.1A. Repeals Section 20.1A, concerning the transfer of North Carolina Human Relations Commission from Department of Administration to Office of Administrative Hearings.
SECTION 20.2.(b) Changes reporting duties for the Legislative Research Commission concerning the study of the duties and services of the North Carolina Human Relations Commission and the Civil Rights Division of the Office of Administrative Hearings.
SECTION 21.2.(a) Changes funding provisions for the Roanoke Island Commission, providing funding through the 2014-15 fiscal year, reduced as specified.
SECTION 21.3. Repeals Section 21.3, concerning the end of state funds to support Tryon Palace Historic Sites and Gardens.
SECTION 22.3. Makes technical change.
SECTION 23.3. (NEW) Provides intent by the General Assembly to establish and operate a state-based health benefits Exchange that meets the requirements of the federal Affordable Care Act. Provides guidelines for the Department of Insurance and Department of Health and Human Services to follow in carrying out the General Assembly’s intent.
SECTION 26A.1. Makes clarifying changes.
SECTION 28.10.(c) Provides that municipalities made ineligible to receive funds under the section have until June 30, 2012 to spend previously allocated funds, at which point the funds will be reallocated as provided.
SECTION 28.12A. Provides the Program Evaluation Division may hire consultants to aid in its evaluation from funds available to the Joint Legislative Transportation Oversight Committee. Changes reporting deadline to November 1, 2012 (previously May 1, 2012).
SECTION 28.28. Restores a Deputy Secretary position (ID # 60084686) to the State Highway Patrol, which was previously eliminated. Increases savings in the Highway Patrol’s operation to $2,390,202 for fiscal year 2011-12 (previously $2,390,202) and $10,484,026 (previously 10,373,350) for fiscal year 2012-13.
SECTION 28.28.(e) (NEW) Provides that the Commander of the State Highway Patrol may reassign personnel from the Patrol headquarters, with a specified exception, to Troop Headquarters or district offices throughout the state.
SECTION 28.30.(a) Makes clarifying change to GS 20-85(a1)(2).
SECTION 28.32.(c) Specifies that the provisions concerning GS 136-176(b2), as amended, are effective for the 2011-2012 fiscal year only.
SECTION 28.32.(e) Makes technical change.
SECTION 28.32.(d) Repeals Section 28.33.(d), concerning certain appropriations to the North Carolina Turnpike Authority from the Highway Trust Fund.
SECTION 28.34.(a) Amends GS 136-180 to specify funds allocated from the Trust Fund for urban loops may be used only for urban loops as designated and prioritized by the Department of Transportation around the U.S. Census Bureau’s defined urbanized areas.
SECTION 29.21A. Repeals Section 29.21A, concerning amendments made to GS 126-7.1 (regarding deleting provisions that state employees receive priority considerations for certain positions). Makes other clarifying and organizational changes to GS 126.7.1.
SECTION 29.8.(a) Adds additional language to provide that salaries for employees of the North Carolina Community College System may be increased if the increase is funded from local funding sources.
SECTION 30.5. Provides allocation of certain funds to the Board of Governors for the University of North Carolina for repairs and renovations pursuant to GS 143C-4-3 only (previously provided further details). Deletes language which allowed the Board of Governors to allocate funds for the repair and renovation of facilities in certain instances as detailed. Directs the Board of Governors to report to the Joint Legislative Commission on Governmental Operations in accordance with GS 143C-4-3(d). Makes other clarifying changes.
SECTION 30.6. Provides that the requirements of the section do not apply to projects of the University of North Carolina financed with funds as detailed.
SECTION 31.23.(d) Rewrites GS 7A-307(a)(4) to specify that the $20 fee accompany any filing that requires a notice of hearing and contains one or more motions not listed in GS 7A-308.
SECTION 31.23B. (NEW) Enacts new subsection (g) to GS 7A-304 to direct and detail that changes to the costs or fees in the section (concerning the costs in criminal actions) apply to costs and fees assessed or collected on or after the effective date of the change, except as specified.
SECTION 31.23C. Provides that compensation for witnesses acting on behalf of the court or prosecutorial offices be paid in accordance with the rules established by the Administrative Office of the Courts. Provides that compensation for witnesses provided under GS 7A-454, concerning fees for the services of expert witnesses for indigent persons, be in accordance with the rules established by the Office of Indigent Services.
SECTION 31.23C. Rewrites GS 7A-454 to provide that fees for services of an expert witness or other witnesses, paid in accordance with GS 7A-314, including travel expenses, lodging, and other appearance expenses, for an indigent person and other necessary expenses of counsel be paid by the state in accordance with the rules adopted by the Office of Indigent Defense Services. Makes conforming changes.
SECTION 31.25. Makes technical change.
SECTION 31.26A. Repeals Section 31.26A, concerning the expansion of costs assessed and collected in criminal cases associated with the service of local law enforcement laboratory facilities.
Includes additional directives related to the budget committee report and the budget.
Makes other technical, clarifying and conforming changes.
Effective July 1, 2011, unless otherwise indicated.