Senate committee substitute makes the following changes to the 2nd edition.
Makes organizational changes, deleting the act's Part numbers and headings.
Amends proposed GS 15A-266.5A, establishing a protocol for statewide sexual assault examination kit testing. Regarding the review teams that must be established by any law enforcement agency that possesses a sexual assault examination kit completed on or before January 1, 2018, allows active or retired law enforcement officers to serve on review teams in addition to prosecutors, sexual assault nurse examiners, victim advocacy groups, and representatives from a forensic laboratory.
Adds a new directive to require the State Crime Lab to report to the specified NCGA committee by March 1, 2020, on the use of funds appropriated by the act to test sexual assault evidence collection kits. Appropriates $3 million in nonrecurring funds to the Department of Justice for each fiscal year of the 2019-21 fiscal biennium for testing of untested sexual assault examination kits in accordance with new GS 15A-266.5A. Clarifies that the funds are to supplement rather than supplant existing funds providing for DNA testing to the State Crime Lab. Deems departmental receipts appropriated for the fiscal biennium as provided.
Repeals Section 17.2 of HB 966 (Appropriations Act of 2019) if that act becomes law.
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.
Provides that the act applies to CODIS hits received on or after the date the act becomes law (previously, this applicability provision attached to new GS 15A-266.8(d) only). Makes conforming changes.
The Daily Bulletin: 2019-09-10
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The Daily Bulletin: 2019-09-10
Senate committee substitute deletes all provisions of the 4th edition and instead provides the following.
Changes the act's titles.
Part I.
Appropriates from the General Fund for the 2019-21 fiscal biennium $38,833,333 and $29,800,000 for the 2019-20 and 2020-21 fiscal years for the costs associated with implementing the school safety provisions of the act. Allocates the funds in specified nonrecurring and recurring amounts to the Department of Public Instruction (DPI) and the Department of Public Safety (DPS). Deems departmental receipts appropriated for the fiscal biennium as provided.
Part II.
Amends GS 115C-105.57, concerning the Center for Safer Schools (Center), to establish a new requirement for the Center to conduct an annual census of school resource officers located in each public school unit and report to the specified NCGA committee and the State Board of Education (State Board) by March 1 of each year. Details seven minimum content requirements of the report, including data regarding school resources officers' education levels, years as sworn law enforcement officers, and years as school resource officers.
Part III.
Enacts GS 115C-105.60 to direct the Superintendent of Public Instruction (Superintendent) to establish the School Resource Officer Grants Program (Program) to provide grants for school resource officers to the extent funds are made available for the Program. Sets forth guidelines for grant applications, awards, and reporting. Allows any qualifying school unit, defined as a local administrative unit, regional school, innovative school, laboratory school, or charter school, to apply to the Superintendent for one or more grants, and requires identifying current and ongoing safety improvements needed and the estimated costs of those needs. Requires the Superintendent to develop criteria and guidelines for the administration and use of grants, by November 1, 2019, and August 1 of each year thereafter in which funds are available, including any documentation required of applicants. Requires the Superintendent to consider the level of resources available to the qualifying public school, receipt of other grants, and the overall impact on student safety if the identified needs are funded, in assessing grant applications. Limits grants to elementary and middle schools, and requires matching of State funds on a 2:1 basis. Allows the funds to be used for employment or training of school resource officers. Details required training, and allows the training to be provided by a community college, a local law enforcement agency, or the NC Justice Academy. Requires the grant supplement and not supplant other funding. Requires the Superintendent to annually report on the Program, beginning by April 1, 2020, to the specified NCGA committees and division, identifying grant recipients, amounts, uses, and other recommendations.
Directs DPI to administer specified school safety grants for the 2019-20 fiscal year as follows. Directs the Superintendent to establish the 2019 School Safety Grants Program (2019 Program) to provide grants for services for students in crisis, school safety training, and safety equipment in schools. Allows any qualifying school unit, defined as a local administrative unit, regional school, innovative school, laboratory school, or charter school, to apply to the Superintendent for one or more grants, and requires identifying current and ongoing safety improvements needed and the estimated costs of those needs. Similarly to the Program administered under GS 115C-105.60, requires the Superintendent to develop criteria and guidelines for the administration and use of grants under the 2019 Program, by November 1, 2019, including any documentation required of applicants. Requires the Superintendent to consider the level of resources available to the qualifying public school, receipt of other grants, and the overall impact on student safety if the identified needs are funded, in assessing grant applications. Regarding grants for services for students in crisis, provides for the award of grants, in consultation with the Department of Health and Human Services (DHHS), to qualifying public school units to contract with community partners to provide or pay for the provisions of specified crisis services, including therapy services. Defines a community partner to mean a public or private entity, including but not limited to, a nonprofit corporation or a local management entity/managed care organization (LME/MCO), that partners with a qualifying school unit to provide services or pay for the provision of services for the unit. Restricts grants for "any other crisis service" to no more than 10% of the funds appropriated for students in crisis. Regarding grants for training to increase school safety, provides for the award of grants, in consultation with DHHS, to qualifying public school units to contract with community partners to address school safety by providing training to help students develop healthy responses to trauma and stress. Requires training to be targeted and evidence-based, and include any of the identified services, such as training on community resilience models. Restricts grants for "any other training" to no more than 10% of the funds appropriated for training to increase school safety. Regarding grants for safety equipment, provides for the award of grants to qualifying public school units for the purchase of safety equipment for school buildings and associated training. Specifically allows charter schools to receive grants for school safety equipment. Clarifies that the grants under the 2019 Program are to supplement rather than supplant other funding. Authorizes the Superintendent to retain up to $100,000 of the funds appropriated for the 2019 Program for administrative costs. Requires the Superintendent to report on the 2019 Program, by April 1, 2020, to the specified NCGA committees and division, identifying grant recipients, amounts, uses, and other recommendations.
Repeals Section 7.27 (School Safety Grants Program) of SL 2018-5 (Appropriations Act of 2018).
Makes the following allocations of the funds appropriated to DPI by the act:
- $6.1 million in nonrecurring funds for the 2019-20 fiscal year for the purchase of safety equipment for school buildings and related training,
- $4.5 million in nonrecurring funds for the 2019-20 fiscal year to allow qualifying public school units to contract with community partners that provide training to help students develop healthy responses to trauma and stress,
- $4.5 million in nonrecurring funds for the 2019-20 fiscal year to allow qualifying public school units to contract with community partners that provide evidence-based crisis services to students, and
- $3 million in recurring funds for the 2019-20 fiscal year and $6 million in recurring funds for the 2020-21 fiscal year for the employment and training of school resource officers.
Part IV.
Directs DPI and the Center, in consultation with DHHS and DPS, Division of Emergency Management, to develop a recommended program for facilitating the temporary transfer of school mental health support personnel from a participating unit, as defined, to a requesting unit, as defined, during or after a crisis. Requires DHHS to report by March 15, 2020, to the specified NCGA committees on the recommended program, outlining the program and meeting the specified content requirements, including a suggested protocol for receiving and relaying requests, and anticipated costs associated with temporary transfers during or after a crisis.
Part V.
Enacts GS 115C-316.2 to require superintendents of every local school administrative unit to annually report, by February 15, to the local board of education the total number of each category of school mental health support personnel employed in the unit, and the difference from the previous year in the total number of each category of school mental health support personnel. Defines school mental health support personnel (personnel) to mean school psychologists, school counselors, school nurses, and school social workers. Directs the Superintendent to annually report, by March 15, to the specified NCGA committee and division the difference from the previous school year in the total number of each category of personnel funded exclusively from the instructional support allotment in each local school administrative unit.
Allocates $20 million in recurring funds for the 2019-20 fiscal year and $23 million in recurring funds for the 2020-21 fiscal year of the funds appropriated to DPI by the act, to the Instructional Support Allotment. States the legislative intent that additional funds provided are to be used to increase the number of school mental health personnel in each local administrative unit for the fiscal biennium.
Part VI.
Directs 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 November 1, 2019, to answer any identified topics applicable to the study by January 31, 2020. 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 April 1, 2020.
Part VII.
Directs that funds appropriated to DPS by the act must be used to fund eight full-time equivalent positions for sworn agents at the State Bureau of Investigation to support the Behavioral Threat Assessment program and work to identify potential threats to schools and houses of worship. Effective January 1, 2020.
Part VIII.
Repeals Sections 7.13(b) (Annual Census of School Resource Officers), 7.36 (School Safety Grants Programs), 7.47 (School Mental Health Crisis Response Program), 7.50 (School Mental Health Support Personnel Reports and Funds), and 7B.11 (School Psychologist and School Counselor Position Study) of HB 966 (Appropriations Act of 2019) if that act becomes law.
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.
Part IX.
Effective July 1, 2019.
Conference report makes the following changes to the 6th edition.
Further amends GS 20-63.1 to add a new subsection explicitly requiring all registration plates to be replaced every seven years. Pursuant to this new provision, requires the Division of Motor Vehicles (DMV) to replace special registration plates on July 1, 2021, and other registration plates beginning on July 1, 2020.
Amends GS 20-140.4(a) to except from the safety helmet requirement set forth in subdivision (2) operators and passengers of an autocycle that is equipped with a roll bar or roll cage. Effective October 1, 2019. Provides a savings clause for prosecutions for offenses committed before the effective date.
Directs the Joint Legislative Transportation Oversight Committee to study the feasibility of making digital license plates publicly available as an alternative to traditional physical registration plates. Requires the Committee to report to the 2020 General Assembly.
Amends GS 120-2(a) by deleting the composition of the following House of Representatives districts: Districts 4, 7, 8, 9, 12, 14, 15, 16, 17, 18, 19, 20, 25, 42, 43, 44, 45, 46, 47, 55, 58, 60, 63, 64, 67, 68, 69, 71, 72, 73, 74, 75, 76, 77, 82, 83, 88, 92, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 114, 115, and 116.
Specifies that the plan adopted by Section 1 of this act is effective for the elections in 2020 unless the North Carolina Supreme Court reverses or stays the decision of the Wake County Superior Court in 18 CVS 014001 holding unconstitutional GS 120-2(a) as it existed prior to the enactment of this act (or the decision is otherwise enjoined, made inoperable, or ineffective), and in any such case the prior version of GS 120-2(a) is again effective.
| Intro. by D. Hall, Lewis. | GS 120 |
The Daily Bulletin: 2019-09-10
House committee substitute to the 3rd edition deletes the content of the previous edition and replaces it with the following.
Changes the act's titles.
Part I.
Appropriates from the General Fund to the Department of Public Safety (DPS), Division of Adult Correction and Juvenile Justice (Division), $4,471,149 in nonrecurring funds for the 2019-20 fiscal year for the costs associated with implementing the prison safety provisions of the act. Directs use of the funds to the following: $400,000 to purchase additional stab resistant vests and exterior carriers for certified prison staff; $730,937 to erect security netting over prison fence lines to deter and intercept contraband; $216,750 to purchase additional handheld metal detectors to reduce contraband in prison facilities; $675,360 to be used to purchase customizable key lock boxes throughout prison facilities; and $2,448,102 for Information Technology security equipment upgrades for prison mandown technology and cameras. Deems the departmental receipts appropriated for the 2019-20 fiscal year as provided.
Establishes a quarterly reporting requirement for DPS, beginning November 1, 2019, until the end of the fiscal biennium, to report to the specified NCGA committee on 11 specified prison reform initiatives, including staff training and retention efforts.
Part II.
Amends specified sections of HB 966 (Appropriations Act of 2019), SL 2019-208 (Salary Increases/Adult Correctional Employees), SL 2019-209 (Pay Increases/State Employees), SL 2019-210 (Pay Increases/State Highway Patrol), and SL 2019-211 (Pay Increases/SBI & ALE), to refer to departmental receipts appropriated, rather than state funds appropriated as agency receipts.
Part III.
Approves the identified State Plan for Temporary Assistance for Needy Families (TANF) (State Plan), prepared by the Department of Health and Human Services (DHHS), covering the period October 1, 2019, through September 30, 2022, beginning October 1, 2019. Directs DHHS to submit the plan to the US Department of Health and Human Services. Designates Beaufort, Caldwell, Catawba, Lenoir, Lincoln, Macon and Wilson counties as approved Electing Counties in the State Plan, as approved. Requires counties that submitted the letter of intent to remain as an Electing County or to be redesignated as an Electing County and the accompanying county plan for years 2019-22 to operate under the Electing County budget requirements effective July 1, 2019, and remain under their current county designation through September 30, 2022. Holds harmless, for each year of the fiscal biennium, Electing Counties regarding their Work First Family Assistance allocations for the 2019-20 fiscal year, so long as the remaining funds allocated for the Work First Family Assistance and Work First Diversion Assistance are sufficient for payments made by DHHS on behalf of Standard Counties. Allows DHHS to deallocate funds in the event such remaining funds are insufficient, subject to approval by the Office of State Budget and Management and reporting requirements.
Part IV.
Repeals Sections 9I.2 (TANF Benefit Implementation) and 18.15 (Prison Reform Report) of HB 966 (Appropriations Act of 2019) if that act becomes law.
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 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.
Part V.
Effective July 1, 2019.
| Intro. by B. Jackson, Krawiec, Ballard. | APPROP |
House committee substitute deletes all provisions of the 1st edition and instead provides the following.
Changes the act's titles.
Part I.
Directs the transfer of $94,103,000 in nonrecurring funds for the 2019-20 fiscal year from the Hurricane Florence Disaster Recovery Reserve to the Hurricane Florence Disaster Recovery Fund (Fund), to be allocated as provided in Part II.
Requires that the $17 million received by the Department of Agriculture and Consumer Services (DACS) as reimbursement for specified composting programs necessitated by Hurricane Florence must revert to the Fund and be appropriated for the 2019-20 fiscal year and allocated as provided in Part II.
Directs that $1.5 million of the funds allocated to the NC Community College System Office for repair and renovation of local facilities damaged by Hurricane Florence be reallocated to offset the full time equivalent losses at affected community colleges due to enrollment declines caused by Hurricane Florence.
Directs the transfer of $5 million from the Hurricane Florence Disaster Recovery Reserve to the State Emergency Response and Disaster Relief Fund, to be appropriated to be used to ensure sufficient funds are available for relief and assistance for future emergencies, not including Hurricanes Florence and Michael. Specifies that the provisions limiting the scope of the act do not apply to this directive.
Deems departmental receipts appropriated for the 2019-20 fiscal year as provided.
Part II.
Allocates the funds appropriated and reallocated in the Fund in Part I in specified amounts to the following entities for the purposes specified: the NC Community College System Office; the Office of State Budget and Management (OSBM); the Department of Environmental Quality (DEQ); the Department of Public Safety (DPS), Office of Recovery and Resiliency; the Department of Natural and Cultural Resources; DPS, Division of Emergency Management; the UNC Board of Governors; DACS; and the Wildlife Resources Commission. Details parameters regarding the use of the funds.
Part III.
Sets forth requirements and limitations for nonrecurring funds appropriated by the act as directed grants, as defined, including reporting requirements. Specifies that directed grants to nonprofit organizations are for nonsectarian, nonreligious purposes only. Sunsets these provisions on June 30, 2021.
Specifies that the funds allocated to the Office of State Fire Marshal for financial assistance to volunteer fire departments is available to be used to repair damages not covered by insurance policy proceeds.
Deems eligible for financial assistance set out in Section 5.11 of SL 2018-136 (Hurricane Florence Agricultural Disaster Program of 2018) persons who experienced a verifiable loss of agricultural commodities as a result of excessive rain and flooding that occurred during May 15, 2018, through December 31, 2018, whose farm is located in a county that received a Secretarial Disaster Declaration, as specified, between January 31, 2019, and February 15, 2019. Directs DACS to accept applications from eligible persons for no more than 10 consecutive business days, beginning on the date the Section becomes law. Sunsets these provisions on the date DACS has processed all applications validly received during the prescribed period.
Sets the following schedule for Coastal Area Management Act Emergency General Permits authorized in response to Hurricanes Florence and Michael and activated by the identified DEQ Secretary's statement: (1) all emergency general permits must be issued by October 12, 2019; and (2) all work authorized by the emergency general permits must be completed by October 12, 2020.
Part IV.
Defines the scope of the act to include counties designated under a major disaster declaration by the president as a result of Hurricane Florence.
Incorporates by reference specified provisions of SL 2018-134 (Hurricane Florence Emergency Response Act) and SL 2018-136 (2018 Hurricane Florence Disaster Recovery Act).
Part V.
Repeals Section 4.6 of HB 966 (2019 Disaster Recovery; Appropriations Act of 2019) if that act becomes law.
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 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.
Part VI.
Effective July 1, 2019.
| Intro. by Newton. | UNCODIFIED |
Enacts GS 159G-25.5 to authorize the Department of Environmental Quality (DEQ) to use funds in the Wastewater Reserve or the Drinking Water Reserve to provide grants to the Local Government Commission (Commission) to cover operating deficits of a public water or wastewater system if either (1) the Commission has assumed full or partial control over the system's affairs or the unit of local government or public authority that owns or operates the public water or wastewater system or (2) the charter of the unit of local government or public authority that owns or operates the system has been suspended or revoked by local act. Makes conforming changes to GS 159G-33 and GS 159G-34 concerning grants and loans available from the Wastewater Reserve and the Drinking Water Reserve. Effective October 1, 2019.
| Intro. by Perry, D. Davis. | GS 159G |
The Daily Bulletin: 2019-09-10
The Daily Bulletin: 2019-09-10
Actions on Bills: 2019-09-10
H 29: STANDING UP FOR RAPE VICTIMS ACT OF 2019.
H 75: SCHOOL SAFETY FUNDS, PROGRAMS, AND REPORTS. (NEW)
H 211: VARIOUS DMV CHANGES.-AB
H 283: CONNER’S LAW.
H 1020: 2019 HOUSE REMEDIAL MAP.
S 118: PRISON SAFETY/TANF STATE PLAN/CLARIFICATIONS. (NEW)
S 429: DISASTER RECOVER - 2019 BUDGET PROVISIONS. (NEW)
S 458: PTS DAY/CARDIAC TASK FORCE/TITUS'S LAW/DATA. (NEW)
S 553: REGULATORY REFORM ACT OF 2019.
S 683: COMBAT ABSENTEE BALLOT FRAUD.
S 691: EMERGENCY OPERATING FUNDS FOR UTILITIES.
Actions on Bills: 2019-09-10
S 270: DURHAM DEANNEXATION. (NEW)
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