Repeals subsections (a) through (k) of Section 7.22 of SL 2011-145, as amended, regarding North Carolina Virtual Public Schools (NCVPS) and Section 8.9(b) of SL 2013-360, regarding implementing an allotment formula for NCVPS.

Codifies the North Carolina Virtual Public School Program (NCVPS) adding a new Part 11, North Carolina Virtual Public School Program, to Article 16 of GS Chapter 115C. Defines the following terms as they apply in this Part: (1) Average Daily Membership (ADM), (2) NCVPS, (3) nonpublic school student, and (4) out-of-state.

Directs the Department of Public Instruction (DPI) to administer the NCVPS program under this Part. Declares that NCVPS is responsible for (1) ensuring access toe-learning course offerings for students in rural and low-wealth county local school administrative units; (2) providing e-learning instructional opportunities for courses required as part of the standard course of study for graduation and for Advanced Placement (AP) offerings not otherwise available to students; (3) establishing course quality standards for e-learning that meet standards set by the State Board of Education (SBE); (4) eliminating course duplication by consolidating e-learning opportunities but provides that consolidation doesn't apply to e-learning opportunities only offered to students enrolled in a single school; and (5) aligning all courses offered through NCVPS with the North Carolina Standard Course of Study.

Directs NCVPS to use available funds to offer NCVPS courses at no cost to all North Carolina's students enrolled in public schools, Department of Defense schools, and schools operated by the Bureau of Indian Affairs. Additionally directs NCVPS to implement a plan, approved by SBE, to generate revenue from the sale of courses to out-of-state educational entities. Provides that revenue collected under this section be used to offset instructional costs to local school administrative units and charter schools under GS 115C-238.76(d)(3).

Assigns responsibility to the SBE to implement an allotment formula for NCVPS and delineates the elements of the allotment formula to be developed and implemented by the SBE. Directs the SBE to make adjustments to other allotments, including reducing each local administrative unit's or charter school's classroom teacher allotment on the basis of ADM in grades six through 12, in order to support the state-level operations and administration of NCVPS.

Requires that the teacher allotment reduction to support operations and administration of NCVPS be adjusted annually based upon percentage growth in NCVPS enrollment to ensure that services are expanded to support increased enrollment in NCVPS courses. Requires that at least $2 million be maintained in an NCVPS enrollment reserve fund (reserve fund). Directs the SBE to reduce each local unit's or charter school's classroom teacher allotment, or other allotment based on ADM in grades six through 12 by an amount that is the difference between $2 million and the balance of the NCVPS enrollment reserve.

Provides that the funds in the enrollment reserve do not revert and directs that they be used to cover the NCVPS instructional costs of students enrolled in (1) traditional public schools or charter schools with enrollments above the projected NCVPS enrollment, (2) nonpublic schools under GS 115C-238.77(b), (3) Department of Defense schools, and (4) schools operated by the Bureau of Indian Affairs.

Provides that only the following funds can be used to cover the instructional costs of NCVPS: (1) funds provided through the NCVPS Allotment Formula; (2) funds provided through the NCVPS enrollment reserve; (3) funds from the sale of courses to out-of-state educational entities; (4) local funds, including funds from private sources; (5) federal funds; (6) the Special State Reserve Funds for Children and Youth with Disabilities; and (7) the ADM Contingency Reserve.

Directs the SBE to establish a separate per student tuition rate for out-of-state students and nonpublic school students and specifies that the tuition rates be adjusted upward by an amount determined by the SBE from the in-state student fee structure, as established under GS 115C-238.76(a)(3). Directs the SBE to consider input from the NCVPS Advisory Board and the Office of the Governor's eLearning Commission in establishing student tuition rates.

Waives tuition for nonpublic school students for a maximum of two courses each school year. Requires nonpublic school students taking more than two NCVPS courses in a school year to pay tuition for the the additional courses at the rates for nonpublic school students established by the SBE under this section. Provides that the tuition waiver is not available to a nonpublic school student if the course or a substantially similar course is offered at the school attended by the student in the current or prior school year or the student attends a nonpublic school that delivers instruction only in an online format. Directs DPI to require a parent seeking to enroll a nonpublic student and requesting a waiverto demonstrate that the student is eligible for a waiver.

Directs the SBE to establish the NCVPS Advisory Board. Provides general guidelines as to the purpose and tasks of the Advisory Board. Provides that the membership of the Board is to consist of key stakeholders, appointed by the SBE, from across the state and with expertise in online learning from a variety of fields.

Requires DPI to submit an annual report on the operation of NCVPS to the SBE no later than December 1 of each year. Provides guidelines as to the methodology to be used in gathering data for the report and the content to be covered in the report.

Amends GS 115C-551 and 115C-559, making conforming changes regarding eligibility for a tuition waiver for a maximum of two courses offered by the NCVPS. Enacts new GS 115C-565.1 to provide that a homeschooled student is eligible for the tuition waiver for a maximum of two courses offered via the NCVPS.

Appropriates $2,655,000 in recurring funds from the General fund to DPI for the 2014-15 fiscal year for increased enrollment in the NCVPS by nonpublic school students and to cover the instructional costs for up to two NCVPS courses per nonpublic school student for the school year, as provided in this act.

Directs the allotment reduction to support state-level operations and administration of the NCVPS required by GS 115C-238.76(b), as enacted by this act, is to be at least $2,866,923, as was effective for the 2011-12 fiscal year.

Effective July 1, 2014, and applies beginning with the 2014-15 school year.

Amends GS 108A-54.1A, concerning amendments to the Medicaid State Plan, requiring amendments to the State Plan that are posted on the DHHS website to remain posted until the plan has been approved, rejected, or withdrawn. Requires any amendments to the State Plan due to changes by the General Assembly, as well as amendments to the State Plan to be submitted to the federal government to be submitted at least 90 days prior to the effective date of the change.

Enacts new subsection GS 108A-54.1A(f), requiring any public notice under 42 CFR 447.205 to be posted on the DHHS website. After the notice is posted, DHHS must notify the members of the Joint Legislative Oversight Committee on Health and Human Services as well as the Fiscal Research Division of the posting. Requires public notices to remain posted on the DHHS website.

Amends GS 108A-55(c), updating references and adding the Centers for Medicare & Medicaid Services (CMS), which was previously known as the Health Care Financing Administration (HCFA).

Deletes reporting requirements to specified committees and offices previously required for any change in reimbursement amounts. Provides that it is not the intent to remove the requirement for notices of reimbursement changes; rather, it is desired that the notices be issued pursuant to GS 108-54.1A(f).

Effective July 1, 2014, with the new notice requirements in GS 108A-54.1A(e) applying to State Plan Amendments with effective dates on or after September 1, 2014.

Amends GS 62-302, Regulatory Fee, to reduce the fee imposed on retail revenues of local exchange companies that have elected to participate in the alternative forms of regulation found in GS 62-133.5(h) or GS 62-133.5(m).

Sets out definitions to be used in GS 62-302, including noncompetitive jurisdictional revenues, subsection (h) competitive jurisdictional revenues, and subsection (m) competitive jurisdictional revenues.

Provides that noncompetitive jurisdictional revenues are subject to a utility fee that is the greater of (i) a percentage rate of each public utility's noncompetitive jurisdictional revenues for each quarter or (ii) $6.25 each quarter.

Provides that competitive jurisdictional revenues, either subsection (h) or subsection (m) competitive jurisdictional revenues, will have a public utility regulatory fee that is a percentage rate established by the General Assembly for each fiscal year for revenues for each quarter.

Establishes that the percentage rate to be used to calculate the public utility fee for subsection (h) revenues will be set at 0.06% of revenues earned during each quarter beginning on July 1, 2015, and on July 1, 2016 it will change to 0.04%.

Establishes that the percentage rate to be used to calculate the public utility fee for subsection (m) revenues will be set at 0.05% of revenues earned during each quarter beginning on July 1, 2015, and on July 1, 2016, it will change to 0.02%.

Further provides that, for 2015-16, and 2016-17 fiscal years, the percentage rate used for the public utility regulatory fee for noncompetitive jurisdictional revenues will be adjusted to reflect the decrease in fees collected by the above rates in order to ensure that the cost of operations of the Utilities Commission and staff are defrayed. Effective July 1, 2015.

Requires the Joint Legislative Program Evaluation Oversight Committee to include a study of the benefits of merging public water systems and wastewater collection and treatment works in the 2014-15 Work Plan for the Program Evaluation Division. Sets out three issues that must be included in the study. Requires the Program Evaluation Division to submit findings and recommendations to the Joint Legislative Program Evaluation Oversight Committee and the Environmental Review Commission at a date to be determined by the Joint Legislative Program Evaluation Oversight Committee.

Reenacts GS 115D-5(b)(11), which was repealed by SL 2013-360, The Appropriations Act of 2013, to once again allow the State Board of Community Colleges to waive tuition and fees for those over 65 who are a resident of NC, for up to 6 credit hours  and one course of noncredit per academic semester. Appropriates from the General Fund to the Community Colleges System Office $970,000 for the 2014-15 fiscal year in recurring funds in order to implement the waiver. Effective July 1, 2014, applying to the waiver of tuition for senior citizens that enroll in community college courses on or after that date.

Amends GS 106-22.5(a) providing that the Department of Agriculture and Consumer Services  must work with the Department of Transportation (DOT) in providing directional signs on major highways near interchanges to agriculture facilities that promote tourism. Requires the Department of Agriculture and Consumer Services to follow sign location and placement rules of the DOT Tourist-Oriented Directional Signs and Logo Signs programs.

Makes technical changes.

Repeals Section 8.29 of SL 2013-360 and GS Chapter 115C, Article 39, Part 2A, the provisions establishing the opportunity scholarship program.

Amends GS 115C-555, Qualification of nonpublic schools, deleting language that provided that scholarship grant funds awarded as part of the opportunity scholarship program is not considered funding from the state of North Carolina.

Repeals GS 116-204(11), which gave the State Education Assistance Authority the power to award the scholarship grants from the above program.

Transfers $10 million from the funds appropriated to the North Carolina State Education Asistance Authority (NCSEAA) for the Opportunity Scholarship Grants to the Department of Public Instruction (DPI) for the 2014-15 fiscal year in order to reduce the average daily membership adjustment as enacted in SL 2013-360. Effective July 1, 2014.

Appropriates $1,797,941 to the DPI from the General Fund for fiscal year 2014-15 to eliminate the adjustment enacted in SL 2013-360 to reflect the decrease in public school daily membership resulting from the scholarship program. Effective July 1, 2014.

Provides that, for fiscal year 2014-15, there will be no reduction in the budget of the DPI resulting from the implementation of the Opportunity Scholarship Grants and that the State Board of Education will not make any reductions to the allotments of local school administrative units in the 2014-15 school year related to Opportunity Scholarship Grants. Effective July 1, 2014.

As the title indicates. Directs the Department of Public Safety to report the study results to the Joint Legislative Oversight Committee on Justice and Public Safety by March 1, 2015. Effective July 1, 2014.

Creates two receipt-supported positions in the Department of State Treasurer, Retirement Systems Division with the purpose of staffing a compliance unit in the Division. Purposes of the unit include reducing the risk of fraud, abuse and waste. Provides that receipts for the positions can come from contributions, investment income, or other assets of the retirement system under the management of the State Treasurer.

Effective July 1, 2014.

Identical to S 730, filed on May 14, 2014.

Repeals SL 2013-5, provisions that prevented the expansion of Medicaid eligibility in North Carolina.

Amends SL 2013-360, Section 12H.10(b), to add a new subsection 12H.10(b)(8), updating to whom the Department of Health and Human Services (DHHS) will extend Medicaid coverage, providing that, effective January 1, 2015, all people under 65 with incomes equal to or less than 133% of the federal poverty guidelines should receive Medicaid coverage.

Appropriates $17,081,916 to DHHS, Division of Medical Assistance, for fiscal year 2014-15, recurring, for administrative costs associated with the Medicaid expansion. Appropriation consists of $5,830,817 from the General Fund and $11,251,098 from federal Medicaid receipts for the federal share of administrative costs.

Sets out reductions to appropriations that are based on forecasted savings by expanding Medicaid, including, reducing the appropriation to DHHS by $8,185,997, the appropriation for the AIDS Drug Assistance Program in DHHS by $14,308,623, and the appropriation for the Inmate Health Care program by $8.5 million.

Appropriates $25,163,802 for fiscal year 2014-15, recurring, to the Medicaid program as part of Medicaid Rebase. This amount is in addition to that provided for Medicaid Rebase in SL 2013-360.

Effective July 1, 2014.

 

Directs the DOT, in conjunction with the State Parks and Recreation Division of DENR, the Department of Commerce, and Friends of Mountains-to-Sea Trail, Inc, to study the use of highway signage as a way of improving NC residents' and tourists' awareness of State parks, including the Mountains-to-Sea Trail. 

Sets out four things that the study must include, such as measures that can be taken to improve the efficacy of highway signage and whether signs adequately inform travelers that they are traveling on the Mountains-to-Sea Trail.

The results of the study must be reported to the chairs of the Joint Legislative Transportation Oversight Committee and the Fiscal Research Division by May 1, 2015.

As the title indicates. Directs the Department of Public Safety to report the results of this study to the Joint Legislative Oversight Committee on Justice and Public Safety by March 1, 2015. Effective July 1, 2014.

As the title indicates. Directs the Administrative Office of the Courts to include specific guidelines for the distribution and maintenance of information technology hardware in its policy. Requires the AOC to report on this policy to the Joint Legislative Oversight Committee on Justice and Public Safety and the Joint Legislative Oversight Committee on Information Technology by March 1, 2015. Effective July 1, 2014.

Amends GS 7A-38.7(b) to prohibit dismissing a criminal case via referral to mediation unless the full dispute resolution fee is paid within 60 days of the referral. Requires that the case be remanded to the court for disposition if the fee payment has not been made within the 60 days. Effective October 1, 2014, and applies to criminal cases referred to mediation on or after that date.

Amends GS 7A-38.4A, adding a new subsection (b1) to direct the chief district court judge of a judicial district court to order either a mediated settlement or another settlement procedure, as provided under subsection (g) of this section, when the amount in controversy is more than $10,000. Requires each judge to adopt local rules that are not inconsistent with any rules adopted by the Supreme Court. Amends subsection (c) of GS 7A-38.4A to clarify that the provisions of new subsection (b1) are in addition to the existing provisions regarding the judge’s authority to order a mediated settlement conference or other settlement under GS 7A-38.4A(c). Effective July 1, 2014 and applies to actions filed on or after that date.

Amends GS 1A-1, Rule 8(a) regarding claims for relief to provide that in all negligence actions and all claims for punitive damages in any civil action in which the amount of the matter in controversy is more than $25,000 (was, more than $10,000), the pleading should not state the demand for monetary relief but instead state that the relief demanded is for damages incurred or to be incurred in excess of $25,000 (was, more than $10,000). Effective when the act becomes law.

As title indicates. Effective October 1, 2014.

Enacts a new Article 16B in GS Chapter 15A. New GS 15A-300.1(a) defines the following terms as they apply in this section: (1) manned aircraft – an aircraft as defined in GS 63-1, operated by a person in or on the aircraft; (2) unmanned aircraft – an aircraft as defined in GS 63-1 that is operated without the possibility of human intervention from within or on the aircraft; and (3) unmanned aircraft system – includes an unmanned aircraft and all its associated elements required for the pilot in command to operate safely and efficiently in the national airspace system. Subsection (b) of this section prohibits a person, an entity, or a state agency from using an unmanned aircraft system to conduct surveillance of (1) an individual, or an individual’s dwelling and the dwelling’s curtilage, without written consent from the individual or (2) a farm, dairy, ranch, or other agricultural industry without written consent of the owner of the agricultural industry. Also prohibits photographing an individual for the purpose of publishing or otherwise publicly disseminating the photograph without the individual’s written consent. GS 15A-300.1(b)(2) makes an exception to provide that this subdivision does not apply to newsworthy events or events to which the public is invited. GS 15A-300.1(c) provides that regardless of the provisions of subsection (b) of this section, a state law enforcement agency or a political subdivision of the state is not prohibited from using unmanned aircraft systems in the following instances: (1) to counter a high-risk terrorist attack by a specific individual or organization if the US Secretary of Homeland Security finds that credible intelligence determines that the risk exists; (2) to conduct surveillance that wouldn’t require a warrant if done by a manned aircraft; (3) if the law enforcement agency obtains a search warrant authorizing the use of an unmanned aircraft system; (4) when a law enforcement agency has reasonable suspicion that swift action is needed to prevent imminent danger to life or serious damage to property, to prevent the imminent escape of a suspect or serious destruction of property, or to facilitate the search for a missing person; and (5) to photograph public gatherings on public or private land. Provides that a person who is the subject of unwarranted surveillance or whose picture is taken in violation of GS 15A-300.1, has a civil cause of action against the person, entity, or state agency engaging in the unwarranted surveillance or that uses an unmanned aircraft system to photograph the person in violation of this section. Declares that evidence obtained in violation of this section is not admissible in a criminal prosecution in any court of law in North Carolina. All of the previous provisions are effective when the Division of Aviation of the Department of Transportation has implemented the knowledge and skills test as required under this act or February 1, 2015, whichever comes first.

Enacts a new Article 2F in GS Chapter 14 regarding crimes committed via use of unmanned aircraft systems. Declares that all crimes committed via use of an unmanned aircraft system while that system is in flight over this state are to be governed by the laws of North Carolina and the determination as to whether the conduct of the unmanned aircraft system is a crime is to be determined by the laws of this state. Adds a new section GS 14-280.3 to Article 36 of GS Chapter 14 making interference with a manned aircraft by unmanned aircraft systems a Class H felony. Amends Article 52 of GS Chapter 14 by adding a new GS 14-401.24 to make unlawful possession or use of an unmanned aircraft system with a weapon attached a Class I felony and to make it a Class 3 misdemeanor for any person to fish or hunt using an unmanned aircraft system. Provides definitions of terms used as they apply to this section. Specifies that this section does not prohibit possession or usage of an unmanned aircraft or unmanned aircraft system that is authorized by federal law or regulations. All of the provisions in these sections are effective December 1, 2014, and apply to offenses committed on or after that date.

Enacts new Article 10 of GS Chapter 63 regarding the operation of unmanned aircraft systems. Delineates training requirements for operation of unmanned aircraft systems and licensing requirements for commercial operation of unmanned aircraft systems. Directs the Division of Aviation of the Department of Transportation (Division) to develop and administer a program to license operators of unmanned aircraft systems for commercial purposes. Prescribes the components that the program must include, including that the licensee be at least 21. Requires the Division to develop a knowledge and skills test for the operation of an unmanned aircraft system that complies with all applicable state and federal regulations. Directs the Division to provide for the administration of the knowledge and skills test. Provides that a first violation of the requirements for licensing and operation of an unmanned aircraft as set out in this section is an infraction and a second or subsequent offense is a Class 3 misdemeanor. Authorizes the Division to issue rules and regulations to implement the provisions of this section.

Sets out implementation and reporting deadlines.

Repeals Section 7.16(e) of SL 2013-360, which prohibits state or local government entities from procuring or operating an unmanned aircraft system or disclosing personal information about any person acquired through the operation of an unmanned aircraft system unless the State CIO approves an exception that specifically grants such disclosure. Effective when the Division has implemented the knowledge and skills test as required under this act or February 1, 2015, whichever comes first.

Except as otherwise indicated, this act is effective when it becomes law.

Amends GS 44A-26, concerning bond requirements for people making improvements to certain leased real property, providing that no lease provision or contract provision can exempt a project subject to the bonding requirements found in GS 44A-26(a). Any lease or provision that claims otherwise is void and unenforceable.

Requires anyone that leases real property from a contracting body must secure performance and payment bonds meeting the criteria found in GS 44A-26(a)(1) and (a)(2) for construction, reconstruction, alteration, or repair of any public building or work on leased property when (1) the contracting body requires the lessee to construct, reconstruct, alter, or repair any public building or work on the leased real property, and (2) Article 2 of GS Chapter 44 would require the contracting body to secure performance and payment bonds from contractors if the contracting body had contracted for the construction work required of the lessee.

Provides that the new above provisions do not apply to public-private partnership construction contracts which are subject to GS 143-128.1C.

Effective October 1, 2014, applying to leases or other contracts entered into on or after that date.

 

Amends GS 7B-800.1, concerning pre-adjudication hearings for juvenile cases, providing that, among other issues that must be considered prior to the adjudicatory hearing, the court must also consider whether a petition has been properly verified and invokes jurisdiction. Effective October 1, 2014.

Amends GS 113A-60 (Local erosion and sedimentation control programs), to provide that after a local erosion and sedimentation control program has been approved by the North Carolina Sedimentation Control Commission (Commission), the Commission will transfer responsibility for the administration and enforcement of any previously approved plan that is applicable to land-disturbing activity taking place within the local government's territorial jurisdiction. Effective October 1, 2014.

Amends GS 18C-164 to appropriate, for 2014-15, 27% of the funds in the Education Lottery Fund to the Public School Building Capital Fund. Increases the appropriation to 33% for 2015-16 and to 40% for 2016-17. Requires that actual net revenues exceeding the amounts appropriated in a fiscal year be transferred to the Pubilc School Building Capital Fund (was, remain in the Education Lottery Fund). Makes conforming changes to GS 115C-546.2. Effective July 1, 2014.

Requires the Department of Health and Human Services (DHHS), Division of Aging and Adult Services, to work with the Administrative Office of the Courts to develop a plan for evaluating complaints concerning wards under the care of publicly funded guardians to ensure that the process also incorporates a face-to-face obeservation of the ward, and interview with the ward, or both.

Requires the Division of Social Services to study conflicts of interest in child welfare cases as related to public guardianship. Specifies issues that must be considered.

Requires DHHS to continue using existing safeguards regarding guardians as paid service providers. Requires the Division of Aging and Adult Services to consult with named parties and other interested groups to develop a model plan for transitioning a ward to an alternative guardianship arrangement when a guardian is no longer willing or able to serve.

Requires DHHS to continue to study whether utilization of care coordination services would provide needed oversight.

Requires DHHS to submit a final report on each of the above issues to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division by October 1, 2014.

As title indicates.