Conference report adds the following to the 3rd edition.
Amends Section 3.4(g) of SL 2021-25 (Additional COVID-19 Response & Relief), which sets the amounts listed in subsection (f) of Section 3.4 to be the maximum aggregate allotments of Emergency Rental Assistance funds for eligible residents in the identified modified council of government regions which did not receive a direct allocation from the federal Emergency Rental Assistance program under the Consolidated Appropriations Act or the American Rescue Plan. Directs that the Office of Recovery and Resiliency provide awards to recipients residing in the described regions in an amount equal to the actual amount of monthly rent owed, including reasonable fees authorized under the written lease agreements, by the tenant pursuant to the rental agreement or an amount equal to the actual amount of utility costs owned by the recipient (was, awards based on the actual amount of monthly rent owed by the tenant pursuant to the rental agreement or an amount equal to the actual amount of utility costs owed by the recipient). Maintains that the awards are not subject to an allowable average or other formula-based calculation.
The Daily Bulletin: 2021-11-29
The Daily Bulletin: 2021-11-29
|Intro. by Hanig.||UNCODIFIED|
Senate amendment adds the following to the 5th edition.
Amends GS 62-110 (regulation of public utilities by the Utilities Commission) by doing the following:
(1) Permitting lessors of any leased premises, as defined in GS 42-59, to charge occupants of the leased property for water and sewer services;
(2) Permitting lessors to charge lessees for water/sewer services by equally dividing the water/sewer costs for a unit amongst the lessees in the unit, so long as a lessee's bill is prorated when they do not occupy the leased property for the same number of days as other lessees;
(3) Permitting lessors to charge administrative fees and late fees approved by the Utilities Commission when billing for water/sewer service by equally dividing the costs among lessees in the unit;
(4) Authorizing the Utilities Commission to adopt procedures that allow a lessor of any leased residential premises, as defined in GS 42-59 (was, a lessor of a single family dwelling, a residential building, or a multiunit apartment complex) that have individually metered units for electric or natural gas service in the lessor's name to charge for the actual costs of providing such service to each lessee.
(5) Making conforming changes.
Changes the effective date of the act to January 1, 2022 (was, the date the act becomes law). Makes conforming changes to the act's titles.
Conference report deletes the contents of the 6th edition and now replaces it with the following.
Part I. General Provisions
Amends Section 2.1 of SL 2021-180, making adjustments to the total operational requirements and receipts listed in the 2021-22 schedule for the UNC Board of Governors, Aid to Private Institutions; Health and Human Services, Child Development and Early Education, Social Services; Agriculture, Natural, and Economic Resources, Commerce; General Government, Budget and Management. Makes conforming changes to the total requirements, receipts and appropriation.
Amends Sections 2.2 of SL 2021-180 to replace the General Fund availability statement with the statement provided.
Amends Section 3.4 of SL 2021-180 to refer to the actual over collections, rather than the projected over collections, in the Highway Trust Fund availability statement.
Amends Section 5.9 of SL 2021-180, expanding the permitted uses of the $10 million allocated to the State Match Fund, established therein, to include State match requirements for FEMA disaster preparedness programs. Makes conforming changes.
Amends Section 5.9B of SL 2021-180 to authorize the Department of Agriculture and Consumer Services (DACS) to use up to 3% of funds allocated for the Agricultural Crop Loss Program for administrative purposes (previously, DACS was barred from using any allocated funds for the Program for administrative purposes). Expands eligibility under the Program to include experiencing verifiable damages to farm infrastructure on a farm in a listed county as a result of Tropical Storm Fred. Defines farm infrastructure to include fencing, greenhouses, barns, equipment, and farm roads or other structures or site improvements used for farming purposes. Now requires agricultural commodity loss verification forms to be submitted by May 1, 2022 (was, December 10, 2021), with authority for DACS to extend the deadline for certain crops until October 1, 2022 (was, May 1, 2022), upon written request received on or before May 1, 2022 (was, December 10, 2021). Now requires livestock or poultry loss documentation to be submitted by May 1, 2022 (was, December 10, 2021), with authority for DACS to extend the deadline to October 1, 2022 (was, March 1, 2022) upon written request received on or before May 1, 2022 (was, December 10, 2021). Makes conforming changes. Adds a new directive for DACS to develop a formula to determine the payment calculation for farm infrastructure damages or loss using measure DACS deems appropriate. Directs DACS to consider any other available insurance claims that may be available to the applicant when developing the formula.
Adds new Section 5.17 to SL 2021-180, mandating local government contracting for design-build services using federal funds subject to the procurement standards set forth in specified federal regulation comply with either (1) GS 143-128.1A in its entirety and all applicable federal requirements relating to the use of federal funds, or (2) specified subsection of GS 143-128.1A, with further uncodified criteria regarding public notice requirements, multiple solicitations when less than three responses for design-builders are received, and required selection procedures. Makes the Section's provisions expire on December 31, 2025, with a savings clause for design-build contracts executed prior to that date so long as the contract is executed pursuant to the Section's provisions.
Adds new Section 5.18 to SL 2021-180, allowing State Agencies with positions identified for elimination in the act or in the Committee Report that were filled as of November 18, 2021, to substitute vacant positions for elimination so long as the substituting positions meet the total dollar amount of the position reductions and at least the total number of positions eliminated.
Part II. Education
Adds new Section 6.16 to SL 2021-180, providing for $212,318 in recurring funds appropriated for each year of the biennium from the State Capital and Infrastructure Fund to the Community Colleges System Office for two positions to assist in the management of capital projects to instead be provided to Fund Code 1300, Finance Division Fund, rather than Fund Code 1100, Executive Division.
Amends Section 3.5 of SL 2021-25, as amended by Section 7.27 of SL 2021-180, to provide for the specified funds to be used to contract with the State Auditor to perform analyses on attendance and truancy policies and procedures from the 2020-21 school year (was, the 2021-22 school year) of specified administrative units.
Amends Section 8.10 of SL 2021-180 to increase the funds allocated to UNC-Chapel Hill for the Collaboratory from $12.75 million to $14.15 million.
Amends Section 8.12 of SL 2021-180 to modify eligibility criteria for business entities to receive convergent science grants from the Collaboratory to allow businesses to have their principal office in the State as an alternative to being organized in the State.
Corrects a statutory cross-reference in Section 8A.3(u) of SL 2021-180.
Repeals Section 8A.9 to SL 2021-180, which allocated a portions of the funds appropriated to the UNC Board of Governors to be allocated to the State Education Assistance Authority (Authority) to provide funds to eligible private postsecondary institutions for response to the pandemic.
Directs the UNC Board of Governors and the UNC President to study the feasibility and advisability of establishing a new academic program and schools in the areas of health science at UNC Pembroke. Requires the study to be completed no later than the date the new health sciences building at UNC Pembroke opens for classes. Details required and permitted considerations. Allows for consultation with the UNC Pembroke Board of Trustees.
Part III. Health and Human Services
Amends Section 9E.6 of SL 2021-180, regarding a pilot program to evaluate the effectiveness of an accreditation process for adult care homes to deem them eligible for ongoing licensure and exempt them from routine inspections if they meet required standards and requirements. Adds that under the pilot, the Department of Health and Human Services (DHHS) is entitled to access, upon request, of unredacted records maintained by the Pilot Program Accrediting Body related to surveys conducted, and deidentified data related to quality outcome measures collected or generated by the Cecil G. Sheps Center for Health and Services Research, UNC-CH. Adds a representative of Disability Rights North Carolina to those who must be included in the Stakeholder Advisory Group under the pilot. Now requires the Pilot Program Accrediting Body to provide to DHHS a monthly survey schedule as described. Replaces the categories and types of information that must be included in the quarterly reports from participating facilities to now include: (1) workforce, including staffing level, turnover rates, consistent assignment, quality of life, and satisfaction; (2) resident outcomes, including physical function and psychosocial well-being and satisfaction; (3) care coordination and transitions, including resident/family preferences and resident/family understanding, advance directives, discharge due to behaviors, emergency department visits, and hospitalization; (4) medication management, including performing medication reviews and reducing medication errors; and (5) person-centered care, including well-being and belonging, individualized care and services, social connectedness, and home-like atmosphere. Replaces the criteria the Shep Center must include in developing a recommended list of criteria, data collection, and methodology necessary for measuring care and resident outcomes in adult care homes to now include those that mirror the new categories and types of information included in facility quarterly reporting under the pilot.
Amends GS 131D-4.4A, as amended by Section 9E.7 of SL 2021-180, which details adult care home infection prevention requirements. Redefines adult care home staff as any employee of an adult care home (was, those involved in direct resident care). Requires adult care homes to implement infection prevention and control policies and procedures consistent with the federal Centers for Disease Control and Prevention guidelines on infection control. Requires the policies and procedures to comply with public health laws of the State. Adds that policies and procedures must ensure that residents, their representatives, and adult care home staff are informed of the following without disclosing any personally identifiable information of the facility's residents or staff: (1) the existence of a communicable disease outbreak within 24 hours following confirmation of the outbreak by the local health department; (2) when the communicable disease outbreak has resolved; and (3) any changes to facility operations during the communicable disease outbreak, such as visitation policy changes. Requires adult care homes to update the infection prevention and control policies and procedures as necessary to remain consistent with accepted national standards in infection prevention and control (was, consistent with the guidelines included in the course developed by DHHS under GS 131D-4.5C). Makes further technical and conforming changes.
Amends GS 131D-4.5C, adding a new directive for DHHS to develop model infection prevention and control policies and procedures that are consistent with accepted national standards and address the factors identified in GS 131D-4.4A(b)(1), and make the model policies and procedures available to adult care homes on its website. Now requires DHHS to develop a mandatory annual course for adult care home supervisors on implementation of model infection prevention and control policies and procedures developed by DHHS (was, a mandatory annual course on federal CDC guidelines on infection control). Effective January 1, 2022. Requires DHHS to develop and post to its website the model prevention and control policies, and develop the mandatory, annual course for adult care home supervisors, by January 1, 2022.
Amends Section 9G.4 of SL 2021-180, to refer to Care Net, a national network of independent pregnancy centers (was, CareNet, Inc., a nonprofit corporation).
Amends Section 9L.1 of SL 2021-180, making organizational changes to the schedule for federal Block Grants for the fiscal biennium. Increases the appropriations made for 2021-22 for Community Action Agencies from the Community Services Block Grant to $22,158,403 (was, $20,916,673). Makes conforming adjustment to the total Community Services Block Grant appropriations. Adds that upon approval by the Office of State Budget and Management (OSBM) and the State Chief Information Officer in the Enterprise Project Management Office's Touchdown System of a centralized system for performance data for the Community Services Block Grant Program and the Weather Assistance Program, up to $166,750 in Low Income Energy Assistance funds can be budgeted for transfer to budget code 24410 for information technology projects for 2022-23.
Part IV. Agriculture and Natural and Economic Resources
Amends Section 11.11 of SL 2021-180 to provide for allocations of funds appropriated to the Department of Commerce to contract with a nonprofit for purposes of travel and tourism marketing, and business marketing, of the State (was, in the State).
Amends Section 11.11A, which establishes the North Carolina Rural Tourism Recovery Pilot Program. Changes the beginning date of the Program to March 1, 2022 (was, January 15, 2022). Postpones the initial reporting requirement of the Department of Commerce on the Program to April 1, 2022 (was, March 1, 2022).
Amends GS 143B-437.02B, as enacted by Section 11.13 of SL 2021-180, which creates the Esports Industry Grant Fund to provide grants to encourage esports events in the State. Changes the grant parameters to now reserve the funds for a production for which a production company has qualifying expenses of at least $150,000 (was, $250,000) with respect to a single production. Adds new authority for the Department of Commerce to use up to 3% of the funds appropriated to the Grant Fund each fiscal year for associated administrative costs, including up to two full-time equivalent positions or to contract with a third party to administer the program.
Amends Section 11.14 of SL 2021-180 to provide that the allocations provided for projects related to the Rockingham Speedway, the North Wilkesboro Speedway, and the Charlotte Motor Speedway, totaling $40 million for 2021-22, are of appropriations from the State Fiscal Recovery Fund to the Department of Commerce (was, the Office of State Budget and Management). Similarly, provides that $5 million of the funds appropriated from the State Fiscal Recovery Fund to the Department of Commerce (was, the Office of State Budget and Management) is to be used to provide grants to local government to enhance amenities and increase opportunities for events at motorsport venues. Changes grant eligibility to include being sanctioned at any time on or after January 1, 2010, by NASCAR, the National Hot Rod Association, or the International Hot Rod Association (previously, required being presently sanctioned by one of the named associations), or having hosted a NASCAR Cup Series race on or after September 29, 1996. Additionally, provides that $1 million of the funds appropriated from the State Fiscal Recovery Fund to the Department of Commerce (was, the Office of State Budget and Management) is to be used to provide grants to local governments for small motorsports venues.
Adds new Section 11.20 to SL 2021-180, providing that of the funds appropriated to the Department of Commerce for 2021-22, $106.75 million is to be used for improvements at the Piedmont Triad International Airport, dependent on the Economic Investment Committee awarding a Jobs Development Investment Grant (JDIG) for a high-yield project for an airplane manufacturer in Guilford County for which the average annual wage is at least $60,000. Allocates $15 million to the Airport site work needed at the Airport for the project; $35 million for roadwork needed at the airport; and $56.75 million for construction of one or more new hangars at the Airport for the project. States further limitations and requirements for the funds.
Amends Section 12.14 of SL 2021-180, changing the grant projects listed for grants from the Local Assistance for Stormwater Infrastructure Investments Fund. Now provides for $10.55 million for the City of Fayetteville (was, $9.8 million for the Fayetteville Pubic Works Commission), and $600,000 (was, $1.35 million) for the City of Hope Mills.
Authorizes unexpended and unencumbered funds allocated from the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund to Dare County by Section 13.7 of SL 2018-5 (allocating $15 million to the County to provide a forgivable loan to a private partner for the purchase of a shallow draft hopper dredge to be used under the direction of the Oregon Inlet Task Force for maintenance of shallow draft navigation channels located throughout the State) to be used by the County for purchase of a survey vessel. Requires the County to include detailed expenditure information in the required reporting under that Section.
Corrects a statutory cross-reference in GS 143-214.7, as amended by Section 1 of SL 2021-164 (Streamline Permits/Redevelopment of Property).
Part V. Justice and Public Safety
Makes further conforming changes to GS 15A-1343, 15A-1344, and GS 15A-1351, and GS 143-166.2, as amended by Section 19C.9 of SL 2021-180, to provide for the Division of Juvenile Justice, Department of Public Safety, where applicable, and not initially included in the revision of the Chapters to incorporate the new Department of Adult Correction, and Division of Juvenile Justice.
Amends GS 143-166.1, as amended by Section 19C.9 of SL 2021-180, to provide for the purpose of the Public Safety Employees' Death Benefits Act to be to provide a system of benefits for dependents of public safety employees who are covered persons (previously, listed law-enforcement officers, firefighters, rescue squad workers, and senior Civil Air Patrol members killed in the discharge of their official duties, and for dependents of noncustodial employees of the Department of Adult Correction killed by an individual or individuals in the custody of the Department of Adult Correction). Amends GS 143-166.2 to refer to the Department of Adult Correction, rather than specific divisions, regarding deaths of noncustodial employees that are included in the defined term "killed in the line of duty." Makes technical and clarifying changes to GS 143-166.2, as amended by Section 19C.9 of SL 2021-180.
Adds new Part 2A to Article 16 of GS Chapter 143B, as amended by Section 19C.9 of SL 2021-180, establishing the Division of Health Services of the Department of Adult Correction, with the powers and duties set forth in GS Chapter 143B and prescribed by the Department's Secretary. Makes a technical correction to GS 143B-1472, as amended by Section 19C.9 of SL 2021-180.
Makes the above changes of Part V. of this act effective January 1, 2023.
Amends Section 19C.9(aaaaa) of SL 2021-180 to make the instructions to the Revisor of Statutes regarding the creation of the Department of Adult Correction effective on the date that act became law (was, January 1, 2023).
Amends Section 19A.4 of SL 2021-180, extending the deadline for the report by the NC Sheriffs' Association to the specified NCGA committees and division from February 1, 2022, to April 1, 2022, on the guidelines and procedures governing the distribution and administration of grant funds to sheriffs offices and law enforcement agencies to investigate reports of internet crimes against children.
Amends Section 19A.7B of SL 2021-180, which establishes the Alternative to Pre-trial Detention Fund to be used to create a statewide domestic violence notification system, to instead require the Fund to be used to create a domestic violence notification system as described.
Makes a technical correction to the acronyms used for the Department of Public Safety, Division of Adult Correction and Juvenile Justice in Section 19C.12, SL 2021-180.
Adds new Section 19B.11 to SL 2021-180, directs that $18 million in nonrecurring funds for 2021-22 appropriated to the Department of Public Safety be used to provide funding to equip troopers to respond to excess civil disturbances and related events that can be used to purchase automatic external defibrillators, among other listed used in the Committee Report.
Amends GS 7A-41, as amended by Section 16.7 of SL 2021-180, to allocate two superior court judges (was, 1), to Superior Court District 21A (part of Forsyth), and one superior court judge (was, 2) to Superior Court District 21B (part of Forsyth). Effective January 1, 2023, and elections conducted in 2022 must be held accordingly.
Adds new Section 16.7C to SL 2021-180, effective July 1, 2022. Directs that $484,182 in recurring funds and $13,730 in nonrecurring funds for 2022-23 appropriated to the Administrative Office of the Courts be used to provide funding for superior court judges in Superior Court District 11B and Superior Court District 21B instead provide funding for superior court judges in Superior Court District 11B and Superior Court District 21A.
Amends GS 84-21 to require (rather than permit) a court to decline to have rules and regulations or amendments adopted by the council of the NC State Bar entered upon its minutes which the Chief Justice deems inconsistent with Article 4, which governs the NC State Bar.
Part VI. General Government
Amends Section 4.3 of SL 2020-4, as amended, to specify that the COVID-19 Recovery Legislation for which the North Carolina Pandemic Recovery Office is to oversee and coordinate funds, is as defined in Section 1.2 of SL 2020-4, and adds the American Rescue Plan Act, as defined in Section 1.1 of SL 2021-25 and Section 4.9 of SL 2021-180.
Amends Section 23.4 of SL 2021-180 by requiring that the $10 million in nonrecurring funds for the 2021-22 fiscal year appropriated from the State Fiscal Recovery Fund to OSBM, Pandemic Recovery Office, be used to provide grants to the American Indian tribes (was, the funds must be allocated to the American Indian Tribes based on the number of members enrolled in the tribes on July 1, 2021). Sets the amounts as follows: (1) $715,285 to each of the Coharie, Haliwa-Saponi, Lumbee, Meherrin, Occaneechi Band of the Saponi Nation, Sappony, and Waccamaw-Siouan tribes; (2) $4,000,000 to the seven tribes listed in (1) on a per 25 capita basis; and (3) $250,000 each to the Cumberland County Association for Indian People, the Guilford Native American Association, the Metrolina Native American Association, and Triangle Native American Society.
Amends Section 24.1B(a) of SL 2021-180 by expanding upon the allowable uses of the $5 million appropriated from the State Fiscal Recovery Fund to OSBM to be provided to the North Carolina Trucking Association Foundation, to allow the funds to be used to purchase a mobile learning vehicle.
Amends Section 29.4(d) of SL 2021-180, which requires the use of funds appropriated from the State Fiscal Recovery Fund to the North Carolina Housing Finance Agency to first be used to address funding gaps in previously awarded deals for eligible projects under GS 122A-5.15 (the Workforce Housing Loan Program) resulting from the COVID-19 pandemic. Adds that the cap on the amount of loans that may be made under GS 122A-5.15(c) does not apply to funds used to address funding gaps in previously awarded deals for eligible projects.
Amends Section 34.3A(h) of SL 2021-280 (appears to intend SL 2021-180) by amending the definition of gross receipts as used in the Business Recovery Grant Program, which defines gross receipts as the sum of (1) the North Carolina gross receipts listed on line 1 of Form E-500, Sales and Use Tax Return, for sales occurring during a specified time period and (2) the gross receipts not listed on Form E-500 but reported on line 1a of Form 1065 for federal returns, if any, provided the gross receipts are for transactions apportionable apportioned to the State. Adds that if a taxpayer did not list gross receipts on line 1 of the form, it may substitute the specified sum.
Adds new Section 23.7 to SL 2021-180, providing as follows. Provides that the funds appropriated in the act from the State Fiscal Recovery Fund to the State Education Assistance Authority to provide funds to eligible private postsecondary institutions, are now instead appropriated to OSBM to provide funds to those private postsecondary institutions as follows: (1) by distributing funds to each eligible private postsecondary institution on the basis of $1,250 per student who received a scholarship under Article 34 of GS Chapter 116 (Need-Based Scholarships for Students Attending Private Institutions of Higher Education), excluding (a) institutions that had fewer than 10 students receive such a scholarship in the 2019-20 academic year and (b) four-year institutions that had less than 10% of the degree-seeking undergraduate student population receive such a scholarship in the 2019-20 academic year and (2) after complying with the provisions of (1), by distributing any remaining funds to eligible private postsecondary institutions that qualified to receive federal funds pursuant to the specified provision of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021, under one of the following programs: Historically Black Colleges and Universities (HBCUs), Minority Serving Institutions (MSIs), or Strengthening Institutions Program (SIPs). Requires funds to be distributed in an amount proportional to the amount of federal funds the institution qualified for under the specified programs. Provides that when applying the funding allocation method, OSBM must distribute a total amount of funds to eligible private postsecondary institutions based on the estimated schedule set forth in this section, allowing funds to be subject to adjustment as OSBM deems necessary. Requires the funds to be used to mitigate losses in revenue and to respond to the negative impacts of the COVID-19 pandemic for any permissible uses allowed under federal law and guidance (requires that of the funds appropriated in this act from the State Fiscal Recovery Fund to OSBM, the sum of $1 million be provided to High Point University to be used for these purposes).
Adds new Section 24.8 to SL 2021-180, as follows. Requires that the appropriation of $250,000 for 2022-23 to OSBM for a directed grant to Tabernacle of Faith Outreach Center be used instead to provide a directed grant to the River City Community Development Corporation for the operation of a homeless shelter. Requires that the $1 million for 2021-22 appropriated to OSBM for a directed grant to the Cumberland Community Foundation, Inc., for the Reduce Generational Poverty Fund, be used instead to provide a directed grant to the City of Fayetteville to be used as seed money for the City's Housing Trust Fund.
Adds new Section 33.9 to SL 2021-180, requiring that the $250,000 in nonrecurring funds appropriated for each fiscal year of the 2021-23 fiscal biennium appropriated to the Department of Military and Veterans Affairs for a directed grant to Interpreting Freedom Foundation, Inc., be used instead to provide a directed grant to Save Our Allies to support former military interpreters and their families.
Adds new Section 36.3 to SL 2021-180, authorizing the State Treasurer to establish new positions and eliminate vacant positions in the Office of the State Treasurer without regard to fund code during each fiscal year of the 2021-23 biennium. Requires that such adjustments not increase total requirements and not increase total requirements not authorized for future fiscal years.
Part VII. Transportation
Amends Section 41.3 of SL 2021-180, which provides that for the 2021-23 fiscal biennium, the Department of Transportation average month-end cash balance for the first three months in the calendar year prior to the date of determination must be equal to or less than $2 billion, by adding that for any issuance and sale of Build NC Bonds on or before June 30, 2022, the cash balance requirement under GS 142-97(2)a does not apply and the consultation requirement under GS 142-97(2)c must be no later than two months prior to the expected issuance of the bonds.
Adds new Section 41.61 to SL 2021-180, specifying that $27,500 in nonrecurring funds for 2021-22 must not be appropriated from the State Emergency Response and Disaster Relief Fund (SERDRF) to the Department of Transportation for the Rattlesnake Branch project in Duplin County. Makes a conforming change in the amount transferred in Section 2.2(j). Makes a conforming repeal of the allocation of funds for the project in Section 5.9(a)(29).
Amends the definition of sign not conforming to State standards used in the Outdoor Advertising Control Act under GS 136-128(5e), to refer more generally to criteria established in rules, instead of established in State law or State rules.
Allows Tabor City io participate in State and federal railroad revitalization programs necessary to ensure continued or improved rail service to the city as are authorized in Article 2D of GS Chapter 136 (Railroad Revitalization). Authorizes the City to enter into contracts with the North Carolina Department of Transportation to provide for the nonfederal matching funds for railroad revitalization programs. Expires December 31, 2026.
Part VIII. Salaries and Benefits
Amends Section 39.2(d) of SL 2021-180 to require employers of State employees and local education employees to provide the $500 bonus to all permanent full-time State employees and local education employees who are employed as of December 1, 2021 (was, January 1, 2022), and who meet at least one of the specified eligibility criteria.
Amends Section 39.16 of SL 2021-180 to require that the annual salaries of the specified State officials and persons and State employees (was, the annual salaries in effect for those some persons on June 30, 2021, and June 30, 2022) be increased as provided for in Section 39.1 of the act.
Amends Section 39.17 of SL 2021-180 to provide that the legislative salary increases provided in the act for the 2021-22 fiscal year must be paid effective on January 1, 2022, and do not apply to persons separated from service prior to December 31, 2021 (previously did not specify a separation date), due to resignation, dismissal, reduction in force, death, or retirement or whose last workday is prior to December 31, 2021. Provides that the amount of the legislative salary increases authorized for the period from July 1 to December 31, 2021, shall be paid in the form of a bonus equal to the authorized legislative salary increase for one-half of the fiscal year and may (was, must) be applied to the employee's base annual rate of pay.
Part IX. Capital
Amends Section 40.1 of SL 2021-180 by increasing the amounts allocated from the State Capital and Infrastructure Fund to the OSBM or capital improvement project codes for NCFS–Region 1 Headquarters (DACS21-4), Fort Fisher Historic Site–New Visitor Center (DNCR21-4) and Connect NC Bond Funds (CNC21); removes specified funding for SOL21-1. Makes a technical change to the $2 million allocated from project code R&R21 to the Department of Public Instruction for repairs and renovations of the Superintendent’s House on the campus of North Carolina School of the Deaf, to refer to the display of artifacts and exhibits related to the School’s history (was, to the Broughton Hospital’s history). Decreases the amount of funds allocated for project code UNC/R&R21 to NC State University for repairs and renovations to Dabney Hall from $60 million to $30 million.
Adds new Section 40.17 to SL 2021-180, amending the grants and funds allocated from the State Capital and Infrastructure Fund as follows. Requires the grant to Carteret County be provided to Carteret County instead. Allows the grant for the Graham County Courthouse to be used by Graham County for construction of a new courthouse facility. Reduces the grant for the Cleveland County Courthouse by $250,000. Requires the grant for the Tri-County Airport to be provided to the Tri-County Airport in Hertford County. Requires the grant for the Boiling Springs Dam to be provided to the City of Boiling Spring Lakes for repairs to the Boiling Spring Lakes Dam. Allows the grant for the Rhodes Pond Dam to also be used by the Wildlife Resources Commission to relocate the depot on the property. Requires the grant for Brandy Myers Memorial Park to be provided to the Town of Carolina Beach for cultivation of an all-inclusive playground to be named Brandy Myers Memorial Park. Requires the grant for Burke County Veterans Memorial to be provided instead to the City of Morganton for the development of a trail near the Catawba River. Reduces the grant to the Caldwell County Animal Shelter by $1.5 million. Requires the grant to the Carolina Land and Lakes Warehouse to be allocated to Carolina Land and Lakes Resource Conservation and Development for a new warehouse. Requires the grant to City of Winston-Salem Senior Services Building to be provided instead to Senior Services, Incorporated, for the construction of a new senior services building. Requires the grant to Cleveland County Student Center to be provided instead to Cleveland Community College for a new student center. Requires the grant to Town of Catawba Bridge Restoration to be provided instead to the Catawba County Historical Association Inc. for the Bunker Hill Bridge. Reduces the grant to Town of Louisburg Civic Center Renovation by $50,000. Requires the grant to Mable Smith Park to be provided to the City of Fayetteville to be used by Parks and Recreation to update the Mabel Smith Park, the Walker Spivey Park, and the Gilmore Therapeutic Center. Requires the grant to Pilot Mountain Bean Shoals Trail to be provided instead to Surry County for improvements to the Bean Shoals Trail. Requires the grant to Duplin County Veterans Museum Mural to be provided instead to the Town of Warsaw for a veterans mural. Requires the grant for the Spring Lake Civic Center Renovation to be provided instead to the Sandhills Family Heritage Association. Requires the funds to the Department of Natural and Cultural Resources for Charlotte Hawkins Brown to be used for the purchase and development of approximately 100 acres adjacent to the Charlotte Hawkins Brown State Historic Site in Guilford County to be added to the Historic Site. Requires the funds to the Department of Natural and Cultural Resources for Chowan Farm Heritage be provided instead as a grant to Heritage Association, a nonprofit corporation, for the purchase of nine acres at the Chowan Farm Heritage. Requires the funds to the Department of Natural and Cultural Resources for Shallow Ford to be used for the purchase and development of approximately 245 acres at the Shallow Ford of the Yadkin in Forsyth County to be managed in conjunction with other nearby State Historic Sites. Allows the funds to the Department of Natural and Cultural Resources for Shallow Ford Parking Lot to also be used for the construction of capital improvements at the Shallow Ford of the Yadkin in Forsyth County.
Appropriates specified amounts from the State Capital and Infrastructure Fund to the Office of State Budget and Management for the following purposes: (1) to be allocated in the form of a grant to the Lawndale Fire Department to be used for firefighting equipment and 47 vehicles, (2) to be allocated in the form of a grant to the City of Lenoir to be used for water and sewer projects, (3) to the Town of Bunn for capital improvements, and (4) to the Town of Franklinton for capital improvements.
Requires that for the Randolph Heritage Conservancy—NC Textile Museum grant allocated in this Part, the Department of Natural and Cultural Resources must work with Randolph Heritage Conservancy, Inc., to develop and implement a comprehensive plan for a textile museum and provide technical assistance with the expenditure of funds.
Requires the grant from the State Capital and Infrastructure Fund for Stokes County Hospital Renovations to be allocated to Stokes County for future grants exclusively for planning and related costs associated with the siting and construction of new medical facilities in Stokes County. Exempts the construction of any new medical facilities, including associated beds, using the grant funds allocated pursuant to this section from certificate of need review, provided that the new medical facilities and any associated beds shall be subject to existing licensure laws and requirements.
Amends Section 40.1(i) of SL 2021-180, which requires for project code NCGA21-3, that the Legislative Services Office use funds appropriated for the 2022-23 fiscal year to initiate advance planning, full planning, and design for the location of the UNC System Office in the downtown government complex, including any facility consolidation identified using the study conducted pursuant this section, by adding that the Legislative Services Office may also consider private leasing options within one mile of the State Capitol Building in accordance with the results of the study.
Part X. Information Technology
Amends Section 38.5 of SL 2021-180, which requires the Department of Information Technology to use the funds appropriated in the act from the State Fiscal Recovery Fund for Stopgap Solutions–Federal Broadband Funds to provide grants to internet service providers, local government entities, and nonprofits for the provision and installation of infrastructure that will expand the provision of broadband service to unserved and underserved households in this state; specifies that no more than 5% (was, 10%) of the funds described in this section may be granted for broadband projects located in any single county.
Amends Section 38.10 of SL 2021-180, concerning the Broadband Pole Replacement Program, as follows. No longer specifies that up to 1% of the funds appropriated for the Program, not to exceed the total sum of $100,000 in each fiscal year, may be used to administer the Program. No longer requires taking all actions necessary to obtain access to the Coronavirus Capital Projects Fund for implementation of the Program. Amends the definition of the term qualifying internet access service as it applies to the Program, to now define it as fixed, terrestrial Internet access service with such speeds and technical capabilities that meet or exceed the federal guidelines for use of American Rescue Plan Act funds (removes references to requirements set by the US Treasury).
Part XI. Effective Date
Effective July 1, 2021.
Changes the act's titles.
|Intro. by Pickett, Saine.||APPROP, Brunswick, Burke, Caldwell, Carteret, Catawba, Cleveland, Columbus, Cumberland, Dare, Duplin, Forsyth, Franklin, Graham, Guilford, Hertford, New Hanover, Surry, GS 7A, GS 15A, GS 84, GS 131D, GS 136, GS 143, GS 143B|
Senate amendment to the 1st edition adds the following appointments to those made upon recommendation of the President Pro Tempore of the Senate.Francis X. DeLuca of New Hanover County is appointed to theState3Ethics Commission for a term expiringDecember 31, 2022, to fill the unexpired term of the4Honorable Shirley Randleman.5SECTION3.4.Patrick"Pat"Molamphy of Moore County is appointed to theBoard6of Transportation for a termexpiringJuly 30, 2024
Appoints Francis X. DeLuca to the State Ethics Commission for a term expiring December 31, 2022. Appoints Patrick "Pat" Molamphy to the Board of Transportation for a term expiring July 30, 2024.
|Intro. by Rules, Calendar, and Operations of the House.||UNCODIFIED|
States that when the House of Representatives and the Senate adjourn on December 10, 2021, they stand adjourned to reconvene on December 30, 2021, at noon.
Limits the matters that may be considered upon reconvening to: (1) considering gubernatorial veto overrides; (2) bills providing for selection, appointment, or confirmation as required by law; (3) bills providing for action on gubernatorial nominations or appointments; (4) bills concerning districts for any elected officials and no other matters; (5) bills responding to litigation challenging legislative enactments and no other matters; (6) bills returned on or before December 10, 2021, to the house in which it originated for concurrence; (7) adoption of conference reports for bills for which conferees were appointed by both houses on or before December 10, 2021; (8) bills providing for constitutional or statutory impeachment; (9) simple resolutions addressing organizational matters; and (10) a joint resolution further adjourning the 2021 Regular Session or amending a joint resolution adjourning the 2021 Regular Session to a date certain.
|Intro. by Rules, Calendar, and Operations of the House.||JOINT RES|
The Daily Bulletin: 2021-11-29
House committee substitute to the 2nd edition deletes the contents of the previous edition and replaces it with the following.
Amends Section 5.9 of SL 2021-180 (2021 Appropriations Act) to increase the funds allocated to the Wildlife Resources Commission for the Lake Rim Hatchery Project from $500,000 to $2.5 million, of the funds appropriated in Section 2.2 of the act for disaster relief, recovery, mitigation, and resiliency. Amends Section 2.2(j) of SL 2021-180 to make a coordinating increase in the total transfer of funds from the State Emergency Response and Disaster Relief Reserve for 2021-22. Adjusts the schedule set forth for the operational requirements and receipts of the Wildlife Resources Commission listed in Section 2.1(a). Makes conforming adjustments to the total requirements and receipts listed in Section 2.1(a).
Adds new Section 40.18. Increases the grant from the State Capital and Infrastructure Fund (Fund) to Myrover-Reese Fellowship Homes, Inc. for repairs and expansion of facilities by $1 million in nonrecurring funds for the 2021-22 fiscal year. Appropriates from the Fund $450,000 in nonrecurring funds for the 2021-22 fiscal year to be allocated by the Office of State Budget and Management to the Macclesfield Volunteer Fire Department in the form of a grant to be used for the purchase of a new fire truck and associated equipment.
Effective July 1, 2021. Changes the act's titles.
|Intro. by Lee, Sanderson, Lazzara.||APPROP, UNCODIFIED, Edgecombe|
Conference report amends the 4th edition as follows.
Makes technical changes to the lead-in language for the proposed changes to GS 83A-13, GS 143-138, and GS 160D-1104 to reflect changes made to those statutes by various session laws.
Further amends GS 143-138(b5), establishing a new limitation for minor activities for which permits are generally not required under the statute, making the subsection not applicable to work involving any changes to which the North Carolina Fire Prevention Code applies. Makes conforming changes to new GS 143-138(b21), which provides for permit exclusion for certain minor activities in commercial buildings or structures. Adds that, for purposes of determining applicability of permit exclusion for a commercial building or structure under GS 143-138(b21) or (b5), or GS 160D-1110(c), cost is the total cost of work, including all building additions, demolition, alterations, and repair work, occurring on the property within 12 consecutive months.
Changes the effective date of the proposed changes to GS 83A-13, GS 143-138, GS 160D-1104, and GS 160D-1110 to December 15, 2021 (was, December 1, 2021). Now provides for the expiration of the proposed changes to GS 83A-13, new GS 143-138(b22), and the proposed changes to GS 160D-1104 on December 31, 2024.
Adds the following new content. Amends SL 2021-163, limiting the scope of Section 1(c) of that act, which amends the North Carolina Timeshare Act, Article 4 of GS Chapter 93A, to exclude timeshare transfer services or transfer service providers prior to July 1, 2022.
Makes further technical changes and changes the act's titles.
House amendment to the 3rd edition makes the following changes.
Amends new GS 159-34(d), now authorizing the Local Government Commission (Commission) to require the governing board of a local government or public authority that has been the subject of an investigative audit with findings by the State Auditor, upon receipt of the investigative report pursuant to State law, to select the certified public accountant to conduct the annual audit required by the statute (previously, authorized the Commission to select the certified public accountant upon notification of release of an investigate report with respect to that local government or public authority from the State Auditor pursuant to State law). Requires that the governing board select the public accountant from a list of three provided by the Commission. Makes organizational changes. Authorizes the Commission to use the authority established by new subsection (d) with respect to any unit of local government that has been the subject of an investigative audit by the State Auditor on or after July 1, 2018 (was, any unit of local government audited by the State Auditor on or after July 1, 2018).
More specifically makes the proposed changes to GS 147-64.6 and GS 159-34, set forth in Section 1 of the act, applicable to any investigative audit (was, audit) issued by the State Auditor on or after the date the act becomes law.
Modifies new GS 14-234.2, which makes it a Class H felony for a public officer or employee to financially benefit from their position, to specify that the statute applies to elected officers of political subdivisions of the State (was, elected officials). Makes conforming and clarifying changes. Makes new GS 14-234.2 effective January 1, 2022 (was, December 1, 2021).
Adds a mens rea requirement to the new Class 1 misdemeanor for local public officials participating in contracts benefits nonprofits with which they are associated, set forth in proposed GS 14-234.3, to require a knowing violation. Changes the definition provided for public official under the new statute, now defining public official to mean any individual who is elected or appointed to serve on a governing board of a political subdivision of the State, excluding an employee or independent contractor of that political subdivision of the State (was, any individual elected or appointed to serve or represent a political subdivision of the State other than an employee or independent contractor of that political subdivision of the State). Makes the proposed statute effective January 1, 2022 (was, December 1, 2021).
The Daily Bulletin: 2021-11-29
Senate committee substitute to the 3rd edition removes Wayne County from the scope of the act. Makes conforming changes to the act's provisions and long title.
|Intro. by Hastings.||Cleveland, Moore, Rutherford|
The Daily Bulletin: 2021-11-29
House amendment to the 1st edition deletes the content of the 1st edition and replaces it with the following.
Amends GS 160A-58.1 by adding Goldston to those towns that are exempt from the cap on satellite annexations. Makes conforming changes to the act's titles.
Actions on Bills: 2021-11-29
H 110: LANDLORD SUBMISSION OF HOPE APPLICATION. (NEW)
H 220: CHOICE OF ENERGY/ADD'L PROVISIONS. (NEW)
H 294: SALE OF SALVAGE VEHICLES.
H 334: BUDGET TECHNICAL CORRECTIONS (NEW).
H 978: MODIFICATIONS TO 2021 APPOINTMENTS BILL.
H 979: ADJOURNMENT RESOLUTION.
S 219: SURVEYOR LIC. & ED. REQ'S/CONSTR. CONTRACT REV'S. (NEW)
S 296: CURRENT OPERATIONS APPROPRIATIONS ACT CHANGES. (NEW)
S 329: BLDG. PERMIT EXEMPT./TIMESHARE EFF. DATE. (NEW)
S 473: ENHANCE LOCAL GOV'T TRANSPARENCY.
S 725: PROHIBIT PRIVATE MONEY IN ELECTIONS ADMIN.
Actions on Bills: 2021-11-29
H 118: BUNCOMBE SCHOOL BD ELECTION. (NEW)
H 400: ASHEVILLE CITY SCH. BD. APPT/ELECTIONS. (NEW)
H 406: SPEC. SEP. ALLOWANCE/CERTAIN 25-YR LEOS. (NEW)
S 128: GOLDSTON/REMOVE CAP ON SATELLITE ANNEXATIONS (NEW).
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