House committee substitute deletes the provisions of the 1st edition and replaces them with the following.
Changes the act's titles.
Appropriates $66,182,078 for the 2019-20 fiscal year and $114,434,263 for the 2020-21 fiscal year from the General Fund to specified entities in specified amounts to cover the costs of legislatively mandated salary and benefit increases provided in the act.
Appropriates $530,669 in nonrecurring funds each fiscal year of the 2019-21 biennium from the Highway Fund to the Department of Transportation (DOT) to cover the costs of legislatively mandated salary and benefit increases provided in the act.
Deems State funds appropriated as agency receipts.
Transfers $41,420 each fiscal year of the 2019-21 biennium from the Department of Insurance to the General Fund.
Transfers $1,359 each fiscal year of the 2019-21 biennium from the Office of the State Treasurer to the General Fund.
Beginning July 1, 2019, increases the salary for permanent, full-time noncertified public school employees on a 12-month contract whose salaries are supported from State funds by 1% for the 2019-20 fiscal year. Provides for a prorated increase for permanent, full-time employees on a contract less than 12 months; permanent, part-time employees; and temporary and permanently hourly employees. States the legislative intent to provide another 1% or prorated salary increase, beginning July 1, 2020, for the 2020-21 fiscal year.
Directs the Department of Public Instruction (DPI) to study and report on school psychologist and school counselor positions, including a review of seven described elements. Requires DPI to employ a survey for local school administrative units by October 1, 2019, to answer any identified topics applicable to the study by December 31, 2019. Directs DPI to consolidate the reported information, provide any necessary context and analysis, and report the results of the study to the specified NCGA committee and division by March 1, 2020.
Authorizes the community college boards of trustees to provide personnel a salary increase for the 2019-21 biennium, with funds for compensation increases to be used for merit pay, across-the-board increases, recruitment bonuses, retention increases, and any other compensation increases pursuant to policies adopted by the State Board of Community Colleges. Requires the State Board of Community Colleges to report to the NCGA and the specified NCGA division by March 1, 2020, and March 1, 2021, on the use of the funds.
Sets minimum salaries for nine-month, full-time curriculum community college faculty, effective July 1, 2019, ranging from $37,581 to $45,282 depending on education level. Explicitly requires full-time faculty to earn at least the minimum salary for his or her education level. Provides for the pro rata hourly rate of the minimum salary for each education level to be used to determine minimum salaries for part-time faculty members.
Authorizes the UNC Board of Governors (BOG) to provide employees a salary increase for the 2019-21 biennium, with funds for compensation increases to be used for merit pay, across-the-board increases, recruitment bonuses, retention increases, and any other compensation increases pursuant to policies adopted by the BOG. Requires the BOG to report to the NCGA and the specified NCGA division by March 1, 2020, and March 1, 2021, on the use of the funds.
Details parameters and limitations of the legislative salary increases, including that the increases do not apply to persons separated from service prior to June 30, 2019, for the 2019-20 fiscal year, or June 30, 2020, for the 2020-21 fiscal year.
Grants full-time permanent employees of UNC or a local community college who are eligible to earn annual leave and are employed on July 1, 2019, a one-time additional five days of annual leave, credited on July 1, 2019. Provides the additional leave for part-time permanent employees on a pro rate basis. Details parameters and limitations for the leave awarded, including that the leave has no cash value and cannot be paid out upon separation or retirement. Adds that any vacation in excess of 30 days remaining on December 31 of each year is reduced by the number of days awarded by the act that were actually used by the employee during the year, so that the calculation of vacation leave days that would convert to sick leave reflects the deduction of those days of special annual leave awarded that were used by the employee during the year. Allows the leave to carry forward to each following year, as specified. Clarifies that no employee is required to take the additional leave awarded.
Requires the Office of State Budget and Management (OSBM) and State agencies to report on the use of lapsed salary funds at the end of each fiscal year. Requires State agencies to report specified information on the use of lapsed salaries to OSBM. Directs OSBM to report to specified NCGA committees and the Fiscal Research Division by October 1 annually.
Directs the Administrative Office of the Courts (AOC) to study the compensation of specified personnel and report to the specified NCGA committee and division by March 1, 2020.
Effective for the 2019-21 fiscal biennium, mandates that required employer salary-related contributions be paid from the same source as the source of the employee's salary, with those paid from the General Fund or Highway Fund be paid proportionately to the salary portion supported by those funds. Makes the provisions applicable to payments on behalf of the employee for hospital medical benefits, longevity pay, unemployment compensation, accumulated leave, workers' compensation, severance pay, separation allowances, and applicable disability income benefits.
Sets the State's employer contribution rates budgeted for retirement and related benefits for the 2019-20 and 2020-21 fiscal years, effective July 1, 2019, and July 1, 2020, respectively, for teachers and State employees, State law enforcement officers, the University and Community Colleges Optional Retirement Programs, the Consolidated Judicial Retirement System, and the Legislative Retirement System. Repeals Section 2.17(b) and (c) of HB 226 (Pay Increase/State Employees; appears to intend Section 3.15(b) and (c), which provides a similar schedule for employer contribution rates, but with differing rates) if HB 226 becomes law. Provides that if HB 226 becomes law, Sections 4.1(b) and 4.1(c) of this act are amended to increase the State's employer contribution rates budgeted for retirement and related benefits for the 2019-20 and 2020-21 fiscal years, as specified.
Amends GS 135-5, concerning retirement benefits for teachers and state employees, adding new subsections (xxx) and (yyy), providing for cost-of-living increases of .5% on or before October 31, 2019, and another .5% after September 1, 2020, but on or before October 31, 2020.
Amends GS 135-65, concerning retirement benefits for individuals in the consolidated judicial retirement system, adding new subsections (ii) and (jj), providing for cost-of-living increases of .5% on or before October 31, 2019, and another .5% after September 1, 2020, but on or before October 31, 2020.
Amends GS 120-4.22A, concerning retirement benefits for members of the legislative retirement system, adding new subsections (cc) and (dd), providing for cost-of-living increases of .5% on or before October 31, 2019, and another .5% after September 1, 2020, but on or before October 31, 2020.
Details the parameters and limitations of the cost-of-living increases. Allows the Retirement Systems Division of the Department of State Treasurer to increase receipts from the retirement assets of the corresponding system or pay costs with the administration of the payment directly from the retirement assets in order to administer the cost-of-living supplements for retirees.
Repeals GS 143-166.60(d)(1), which required the Boards of Trustees of the Teachers' and State Employees' Retirement System and the Local Governmental Employees' Retirement System to provide an accident and sickness disability insurance benefit under a Separate Insurance Benefits Plan for all law enforcement officers (as defined) employed by the State and local governments and all former law enforcement officers previously employed by the State and local governments, who had 20 or more years of service as an officer or are in receipt of a disability retirement allowance from any State-administered retirement system or are in receipt of a benefit from the Disability Income Plan of North Carolina.
Requires that $6 million of the funds appropriated to UNC in fiscal year 2019-20, and $11,433,413 of the funds appropriated to UNC in fiscal year 2020-21 be used for recruitment and retention of key faculty personnel.
Conditioned on HB 283 (Conner's Law) becoming law, appropriates the following amounts from the General Fund to the Department of Treasurer to pay the benefits provided under that act: $700,000 in nonrecurring funds for the 2019-20 fiscal year, and $300,000 in recurring funds for each of the 2019-20 and 2020-21 fiscal years.
Provides that if any provision of this act and GS 143C-5-4 (enactment deadline; procedures to be followed when the Current Operations Appropriations Act does not become law prior to the end of certain fiscal years) are in conflict, the provisions of this act prevail. Provides that the appropriations and the authorizations to allocate and spend funds which are set out in this act remain in effect until the Current Operations Appropriations Act for the applicable fiscal year becomes law, at which time that act becomes effective and governs appropriations and expenditures.
Effective July 1, 2019.
The Daily Bulletin: 2019-08-27
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The Daily Bulletin: 2019-08-27
House committee substitute to the 2nd edition amends the act's long title.
The Daily Bulletin: 2019-08-27
Conference report #2 makes the following changes to the 6th edition.
Part I. State and Local Government Regulation
Makes technical changes to Section 3 and renames the section.
Deletes previous Section 4, amending GS 93A-40 concerning real estate licensing requirements for time share salespeople.
Makes technical corrections to a cross reference in Section 6.
Deletes previous Section 7, concerning adoption of the 2017 Food Code.
Makes clarifying changes to proposed GS 160A-383.6 in Section 6.
Section 7
Deletes the previous provision concerning NC Pre-K classrooms providing parents and guardians with a list of all school options in the county and replaces it with the following. Requires the Division of Childhood Development and Early Education of the Department of Health and Human Services to post the following on its website: (1) education opportunities for kindergarten offered by local school administrative units, (2) educational opportunities for kindergarten offered by charter schools, and (3) scholarships for enrollment in non-public schools provided under Part 2A of Article 39 of GS Chapter 115C. Effective January 1, 2020.
Part II. Agriculture, Energy, Environment, and Natural Resources Regulation
Section 13
Adds a new subsection to GS 130A-335 to allow local health departments to determine site suitability for a ground absorption sewage treatment and disposal system pursuant to rules adopted by the Commission for Public Health or specified state law, if three criteria are indicated: (1) the system can be installed so that the effluent will be nonpathogenic, noninfectious, nontoxic, and nonhazardous; (2) the effluent will not contaminate groundwater or surface water; and (3) the effluent will not be exposed on the ground surface or be discharged to surface waters where it could come into contact with people, animals, or vectors.
Section 14
Makes the following changes to GS Chapter 159G, Water Infrastructure.
Amends GS 159G-20 to define distressed unit and Viable Utility Reserve. Modifies the term local government unit to include a metropolitan water district, a metropolitan sewerage district, and a county water and sewer district. Makes organizational changes and updates GS Chapter 162A and 160A references.
Amends GS 159G-22 to establish the Viability Utility Reserve (Reserve) account within the Water Infrastructure Fund to receive State appropriations. Specifies that credited revenue to the account is neither received from the federal government nor provided as a match for federal funds. Directs the Department of Environmental Quality (DEQ) to establish accounts within the Reserve to administer grants for public water systems or wastewater systems owned by local government units.
Amends GS 159G-30 to include the administration of grants made from the Reserve, through the Division of Water Infrastructure (Division), in DEQ's responsibilities. Makes clarifying and technical changes.
Amends GS 159G-31 to establish that a local government unit, as now defined, is eligible to apply for a grant from the Reserve.
Amends GS 159G-32 to specify five authorized uses for grants from the Reserve, including rehabilitating existing public water or wastewater infrastructure, decentralizing an existing public water or wastewater system, and funding a study of rates or merger and regionalization options.
Enacts GS 159G-34.5, detailing three types of authorized Reserve grants: (1) an asset assessment and rate study grant, (2) a merger/regionalization feasibility grant, and (3) a project grant. Requires separate accounts in the Reserve for each type of grant. Allows for a grant to be awarded to a regional council of government or to a regional planning commission so long as DEQ and the Local Government Commission determine it to be in the best interest of the local government.
Amends GS 159G-35 to require the Local Government Commission and the State Water Infrastructure Authority (Authority) to jointly develop evaluation criteria to review grant applications and award grants from the Reserve as provided in GS 159G-39, as amended. Makes clarifying changes.
Amends GS 159G-36 to prohibit the amount of a Reserve grant from exceeding the construction costs of a project. Specifies that grant availability is limited to the extent that other funding sources are not reasonably available to the applicant. Caps grants from the Reserve to any single local government unit at $15 million, and at $30 million where two or more governmental units are merging into a single utility.
Expands the application provisions set forth in GS 159G-37 concerning loans and grants from other Reserves under the Chapter to include applications for grants from the Reserve.
Amends GS 159G-39 to require the Local Government Commission to approve the grant award and terms before a grant can be awarded. Authorizes DEQ and the Local Government Commission to impose specific performance measures or conditions on a Reserve grant, in their discretion.
Enacts GS 159G-45 to require the Authority and the Local Government Commission to develop criteria for assessment and review of local government units to identify distressed units, defined as a public water or wastewater system exhibiting signs of failure to identify or address those financial or operating needs necessary to enable that system to become or to remain a local government unit generating sufficient revenues to adequately fund management and operations, personnel, appropriate levels of maintenance, and reinvestment that facilitate the provision of reliable water or wastewater services. Details five components the criteria should address, including whether the public water or wastewater system has an established, operational, and adequately funded program for its repair, maintenance, and management. Requires distressed units to take certain actions, as described, including developing an action plan for short- and long-term infrastructure repair, maintenance and management, continuing education of the governing board and system operating staff, and long-term financial management. Also requires distressed units to conduct an asset assessment and rate study, and participate in a training and educational program. Provides that once the requirements are met, the local government unit is no longer identified as a distressed unit for the remainder of that assessment and review cycle. Requires the assessment and review cycle of local government units to be no less than every two years, with frequency to be established by the Authority and the Local Government Commission.
Enacts Article 10, Dissolution and Merger of Units, to GS Chapter 162A. Defines unit as the same entities created under GS Chapter 162A that are included in the term local government unit under GS Chapter 159G, as amended. Details information which must be provided to the Environmental Management Commission (Commission) prior to any action under the Article to merge or dissolve. Requires the Commission to provide a copy of the information submitted to DEQ and the Local Government Commission upon receipt of a request to dissolve or merge. Specifies notice requirements for district boards of affected units and any other governing boards affected upon confirmation of the time and place for a public hearing on dissolution or merger.
Authorizes a unit to merge with any other unit, county, city, consolidated city-county, sanitary district, or joint agency, as described, (1) if the merger is a condition of receiving a grant from the Reserve or (2) upon approval of the Commission, in consultation with DEQ and the Local Government Commission. Provides for the the transfer of assets, liabilities, and obligations by resolution of the Commission, as specified, and details dissolving a unit upon satisfaction of certain criteria.
Authorizes a unit to be dissolved (1) if the merger is a condition of receiving a grant from the Reserve or (2) in order to merge with another unit, county, city, consolidated city-county, sanitary district, or joint agency, as described, and establish a new entity upon approval of the Commission, in consultation with DEQ and the Local Government Commission. Provides for the the transfer of assets, liabilities, and obligations by resolution of the Commission, as specified, and dissolving a unit.
Establishes the effective date for merger or dissolution upon the adoption of a resolution by the Commission to be fixed as of June 30 following the adoption or the second June 30 following the adoption of the resolution. Details the effect of a merger or dissolution upon adoption of a resolution by the Commission and authorizes all governing boards and district boards to take actions and execute the documents necessary to effectuate the described provisions.
Enacts Article 5, Water and Wastewater Systems, to GS Chapter 160A. Sets forth defined terms. Authorizes interlocal cooperation between local government units for any purpose. Specifies that interlocal cooperation contracts for one or more undertakings under Part 5 are governed by the provisions of Part 1, Joint Exercise of Powers, Article 20, GS Chapter 160A.
Provides that the above provisions are effective October 1, 2019.
Directs DEQ to study the statutes and rules governing subbasin transfers. Details requirements of the study, including whether the costs of complying with specific statutory requirements are worth the benefits of the requirements. Requires DEQ to submit a report to the Environmental Review Commission by October 1, 2019.
Directs the Department of State Treasurer to study the feasibility of authorizing historical charts for local government units that have become or may become defunct. Details requirements of the study, including the consequences of such charters. Requires the Department of State Treasurer to report to the General Assembly by March 1, 2020.
Part III. Miscellaneous Regulatory Reform Provisions
Section 16
Requires the Department of Revenue to provide the Revenue Laws Study Committee with information on the property taxation of outdoor advertising signs (was, directed the Revenue Laws Study Committee is directed to study issues related to the property taxation of outdoor advertising signs). Requires that the review include the same information that the study was previously required to include and adds reviewing the practices in other states. Requires that the information be provided to the Committee by March 31, 2020.
Deletes previous Section 18, which required a study of standards applicable to interior designers in the state.
Deletes previous Section 20 concerning electric standup scooters.
Section 20
Changes the effective date of the section, concerning voting systems performance bond, from when the act becomes law, to January 1, 2020.
Section 21
Changes the effective date of the section, concerning the sale of salvaged vehicles, from when the act becomes law, to March 1, 2020.
Section 23
Deletes the changes to GS 18B-1006 concerning ABC permits at community college stadiums and instead amends the statute as follows. Allows permits for the sale of malt beverages, unfortified wine, or fortified wine to be issued to any stadiums with a permanently constructed seating capacity of 2,000 or more, leased for a year or more to a for-profit corporation registered in the State, if (1) the permittee only sells malt beverages, unfortified wine, or fortified wine at events not sponsored or funded by the public college or university and (2) the Board of Trustees of the public college or university has voted to allow the issuance of permits for use at that stadium. Provides that if a Board of Trustees votes to allow the issuance of permits, then written notice must be given to the ABC Commission that it has voted to allow the issuance of permits. Applies to permits issued or active on or after April 9, 2019.
Section 24
Makes the Division of Emergency Management of the Department of Public Safety, rather than the Department of Transportation, responsible for studying the needs of law enforcement, emergency medical and emergency management personnel, and firefighters to improve access to or within the interstate system of this state for the benefits of public safety. Includes the Department of Transportation among those with which the Division may consult in conducting the study. Makes conforming changes.
Deletes previous Section 27, which required a study on ways to optimize and modernize the state’s recycling requirements for discarded computer equipment and televisions.
Section 25
Makes a clarifying change to the proposed changes to GS 83A-7, regarding architecture licensure.
Section 26
Amends GS 143-215.54 to add aquaculture to the authorized uses for flood hazard areas without a permit so long as the use complies with local land use ordinances and any other applicable laws and regulations.
Section 27
Amends GS 58-41-15, concerning insurance cancellation, to make a clarifying and organizational change. Explicitly provides that proof of mailing is sufficient proof of notice of cancellation under the statute (rather than under subsection (b), which provides for notice requirements). Effective October 1, 2019.
Section 28
Authorizes the Department of Agriculture and Consumer Services to use funds appropriated pursuant to Section 4.1 of SL 2018-136 (2018 Hurricane Florence Disaster Recovery Act) to provide a non-federal match for any project that has been or will be approved for funding by the USDA Emergency Watershed Protection Program.
Makes additional conforming and organizational changes.
| Intro. by Sanderson, Wells. | STUDY, Onslow, Rockingham, GS 14, GS 18B, GS 20, GS 58, GS 83A, GS 117, GS 130A, GS 143, GS 153A, GS 159G, GS 160A, GS 162A, GS 163A |
House amendments to the 5th edition make the following changes.
Amendment #1 further modifies GS 163A-1310 to qualify the option to transmit executed absentee ballots to county boards of elections by mail or commercial courier, stating this option is at the expense of the voter or the State Board of Elections (State Board; previously, eliminated existing language which deemed this option to be at the voter's expense).
Amendment #2 adds new subsection (e1) to GS 163A-1309 to allow voters who need assistance to complete the written request form for absentee ballots and do not have a near relative or legal guardian available to request another person to give assistance. Limits the scope of this new provision to voters needing assistance due to blindness, disability, or inability to read or write. Requires the name and address of the person giving assistance in completing the written request form to be disclosed on the form in addition to all of the information required on the form pursuant to GS 163A-1309, as amended.
Amendment #4 amends GS 163A-1117, regarding actions county boards of elections must take before approving the adoption and acquisition of any voting system by the board of county commissioners. Current law requires the county board to test the voting system during an election in at least one of the county's precincts. Adds an alternative to this testing requirement, now allowing a county to test the voting system during a simulated election pursuant to standards established by the State Board. Applies to the purchase of any voting system tested prior to December 31, 2020. Changes the act's long title.
The Daily Bulletin: 2019-08-27
The Daily Bulletin: 2019-08-27
Actions on Bills: 2019-08-27
H 74: TAXPAYER REFUND ACT. (NEW)
H 99: TRANSFER ALE/MOVE BOXING ADVISORY COMMISSION. (NEW)
H 126: PAY INCREASES/STATE HIGHWAY PATROL. (NEW)
H 226: PAY INCREASES/STATE EMPLOYEES. (NEW)
H 283: CONNER’S LAW.
H 426: EDUCATORS' PAY INCREASES/RETIREE SUPPLEMENTS. (NEW)
H 449: HANDICAPPED & SPECIAL REGISTRATION PLATES (NEW).
H 511: NORTH CAROLINA FIRST STEP ACT. (NEW)
H 555: MEDICAID TRANSFORMATION IMPLEMENTATION. (NEW)
H 597: WILDLIFE RESOURCES COMMISSION AMENDS.
H 604: SMALL BUSINESS RETIREMENT PROGRAM.
H 609: SALARY INCREASES/ADULT CORRECTIONAL EMPLOYEES. (NEW)
H 633: TEMP. OUTDOOR RESTAURANT/BAR. (NEW)
H 704: RURAL HEALTH CARE STABILIZATION ACT. (NEW)
H 777: PAY INCREASES/SBI & ALE. (NEW)
S 353: EXPAND CARTWAY PATH/SEPTIC TANK LAWS. (NEW)
S 361: HEALTHY NC. (NEW)
S 522: LOW-PERF. SCHOOLS/ADV. TEACHING ROLES. (NEW)
S 553: REGULATORY REFORM ACT OF 2019.
S 559: STORM SECURITIZATION. (NEW)
S 600: VETS CHILDREN/SHORT-TERM WORKFORCE TRAINING.
S 621: TESTING REDUCTION ACT OF 2019.
S 681: AGENCY POLICY DIRECTIVES/2019-2020. (NEW)
S 682: IMPLEMENT CRIME VICTIM RIGHTS AMENDMENT.
S 683: COMBAT ABSENTEE BALLOT FRAUD.
S 690: MODIFICATIONS TO 2019 APPOINTMENTS BILL.
Actions on Bills: 2019-08-27
H 55: CLEVELAND COUNTY/SHERIFF VACANCIES. (NEW)
S 270: DURHAM DEANNEXATION. (NEW)
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