AN ACT TO MAKE BASE BUDGET APPROPRIATIONS FOR CURRENT OPERATIONS OF STATE DEPARTMENTS, INSTITUTIONS, AND AGENCIES, AND FOR OTHER PURPOSES.
House amendments make the following changes to the 4th edition.
Part II. Current Operations and Expansion General Fund
Amendment # 47 amends appropriated amounts for specified universities and updates amounts calculated as comprising (1) the Unappropriated Balance Remaining from the Previous Year of the General Fund, (2) Beginning Unreserved Fund Balance, and (3) the Total General Fund Availability. Also amends amounts and totals contained in the section concerning Adjustments to Availability for the 2015 Session. Provides that $220,555,445 for fiscal year 2015-16 and $221,589,340 for fiscal year 2016-17 will be transferred from the Highway Fund to the General Fund.
Part V. Other Appropriations
Amendment #42 adds a section that amends GS 18C-102 concerning the purpose of the establishment of the State-operated lottery, providing that the lottery is established in order to generate funds only for public and private prekindergarten programs, need-based scholarships for students attending public and private colleges and universities, as well as other public education purposes. Makes conforming changes to GS 18C-164(c), concerning the annual transfer of the net revenue of the Education Lottery Fund.
Part VI. General Provisions
Amendment #7 allows the Department of Public Safety to use $2 million of the funds appropriated to the State Emergency Response Account to provide funds to the seven regional search and rescue teams. Requires funds made available by this section to be matched dollar for dollar by local funds. Makes conforming changes.
Amendment #35 adds a new section reducing the appropriation to a Reserve for Pending Legislation in the act by $750,000 for 2015-16. Requires that $750,000 of the funds appropriated in the act in nonrecurring funds for 2015-16 be used to establish a reserve in the Office of State Budget and Management for toxicology outsourcing in the State Crime Laboratory.
Amendment #41 reduces the appropriation in this act to the Reserve for Pending Legislation by $2.5 million in nonrecurring funds for the 2015-16 fiscal year and by the same amount in nonrecurring funds for the 2016-17 fiscal year. Provides the $2.5 million in nonrecurring funds for fiscal year 2015-16 and $2.5 million in nonrecurring funds for fiscal year 2016-17 are to be used to establish a reserve in the Office of State Budget and Management (OSBM) to provide matching grants to local and county law enforcement agencies to purchase and place body-worn video cameras in service, and for training and related expenses.
Directs the OSBM to administer the grant fund. Requires the OSBM, in consultation with the Governor’s Crime Commission, to develop guidelines and procedures for administering and distributing the grants to the local and county law enforcement agencies. Specifies requirements and limitations to be included in the guidelines and procedures. Requires the OSBM to submit the following reports to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety and to the chairs of the House and Senate Appropriations Committee on Justice and Public Safety: (1) a report on the guidelines and procedures that will govern the distribution and administration of the grant funds no later than October 1, 2015, and (2) a report on the grant funds distributed under this section during the 2015-16 fiscal year no later than August 1, 2016. Adds a definition for the term body-worn camera.
Makes conforming changes to the appropriate totals.
Amendment #45 adds a section to the bill amending GS 143B-426.51 concerning payments for those qualified to receive compensation under the Eugenics Asexualization and Sterilization Compensation Program, providing that such individuals will receive compensation in the form of three payments (was, two payments). Provides that the second payment will consist of $15,000 and will be made to recipients determined to be eligible for compensation as of June 1, 2015, with the payment being remitted by July 1, 2015. Makes conforming changes.
Part VIII. Public Schools
Amendment #6 adds new Section 8.31 to require, regardless of any other provisions of law, funds appropriated in this act for the 2015-17 fiscal biennium for Regional Education Service Alliances (RESAs) to be used to provide recurring grants of $300,000 to each of the eight RESAs to provide professional development for teachers and other local school administrative unit personnel. Directs the State Board of Education to collaborate with the eight RESAs to provide annual training within the eight state education regions to all superintendents or their designees on state funding flexibility.
Amendment #17 adds a new section that increases the appropriation in this act to the Department of Public Instruction for the 2015-17 fiscal biennium for the Cooperative and Innovative High Schools (CIHS) allotment by $310,669 in recurring funds for each fiscal year of the biennium. States that the funds are to meet the funding requests for the eight new CIHS's approved by the State Board of Education and to fulfill the funding request of the newly approved CIHS, Northeast Regional School of Biotechnology and Agriscience.
Amendment #17 also decreases the funds appropriated to the Community College System Office for the 2015-17 fiscal biennium by $310,669 in recurring funds for each fiscal year of the biennium.
Makes conforming changes to Part II. Current Operations and Expansion General Fund.
Amendment #23 adds a new section that expands the Dropout Prevention and Recovery Pilot Program (Program) created in SL 2014-104 by requiring the State Board of Education (SBE) to select one charter school in 2014 and one in 2015, both meeting specified criteria, to participate in the Program (previously, only one charter school was to be selected for the Program).
Provides that for charter schools participating in the Program, the allotments and adjustments are to be as provided in GS 115C-218.105 and requires that they be adjusted on the last school day in February (previously, allotments and adjustments were to be as provided in GS 115C-238.29H).
Provides that the application deadline for approved charter schools to apply to participate in the Program beginning in the 2015-16 school year is July 1, 2015, with the SBE required to select the participant by August 1, 2015.
Requires the SBE to submit an interim report to the Joint Legislative Education Oversight Committee by March 15, 2016, with a final report due by September 15, 2017 (was, report due by March 15, 2016). Provides that the Program will conclude at the end of the 2016-17 school year (was, 2015-16 school year).
Makes conforming changes.
Reduces the funds appropriated to the Community Colleges System Office for the 2015-17 fiscal biennium for the Community College Innovative Pilot Program by $215,000 for each fiscal year of the biennium and increases the funds appropriated to the Department of Public Instruction for the 2015-17 fiscal biennium by $215,000 in nonrecurring funds to offset costs associated with the Program. Effective July 1, 2015.
Amends Section 10.9(d) providing that of the funds appropriated to the Community College Innovative Pilot Program for the 2015-17 fiscal biennium, $100,000 can be used each fiscal year for the administration and evaluation of the Community College Innovative Pilot Program.
Makes conforming changes to the appropriation calculations under Part II., Current Operations and Expansion General Fund.
Amendment #27 adds a new section that directs the Joint Legislative Education Oversight Committee (Committee) to study the results of the Juvenile Literacy Center program established in Wake County. Directs the Committee to examine the impact of the program on certain categories including improving literacy skills and developing overall academic skills, and to evaluate the program for potential expansion into other counties. Requires the Committee to report its study results, any recommendations on expanding the program, and any proposed legislation to the 2015 General Assembly upon the convening of the 2016 Regular Session.
Amendment #40 adds a section that amends GS 115C-105.25(c) to require that each local administrative unit include the following additional information on its web site by October 15 annually: (1) a description of any transfer of funds from the textbooks and digital resources allotment into another allotment category with an explanation of the basis for the transfer of the allotment and (2) a chart that clearly indicates how the local school administrative unit spent state funds.
Amendment #48 adds a new section that increases the funds appropriated under this act to the Department of Public Instruction for 2015-16 by $200,000 in nonrecurring funds to establish and administer a one-year pilot program on teaching financial literacy as a part of the American History, Economics Module curriculum in public high schools. Requires the funds to be used for professional development on teaching financial literacy to teachers in the local school administrative units participating in the pilot and to administer an assessment to students receiving the instruction. Requires the State Board of Education to issue a request for proposal (RFP) for an approved professional development course and select at least one provider to be used by the pilot local school administrative units. Specifies criteria that must be included in the RFP. Requires the Department of Public Instruction to develop a survey for pilot local school administrative units. Sets out requirements for the survey. Requires pilot participants to report the results of the assessment and the survey to the Department of Public Instruction at the end of each semester. Requires the Department of Public Instruction to report on implementation of the pilot program and the results of the assessments and survey to the Joint Legislative Education Oversight Committee by October 15, 2016. Requires the Department of Public Instruction to develop a process to divide remaining funds among the pilot local school administrative units to offset costs of program implementation. Decreases the funds appropriated under this act to the Community Colleges System Office for 2015-16 to support the Community College Innovative Pilot Program in accordance with Section 29 of this act by $200,000 in nonrecurring funds. Makes conforming changes.
Part X. Community Colleges
Amendment #51 adds a new section that amends GS 115D-31(b1) to prohibit state funds from being used to fund a culinary program located at a site other than the main campus of the local community college. Makes this section applicable only to Stanly Community College.
Part XI. Universities
Amendment #18 rewrites GS 116-143.3A(d) to clarify that after the three-year period following discharge or death as described in 38 U.S.C. § 3679(c), any enrolled veteran who is entitled to federal education benefits under 38 U.S.C. Chapter 30 or 38 U.S.C. Chapter 33 and any other enrolled individual who is entitled to federal educational benefits under 38 U.S.C. Chapter 30 or 38 U.S. C. Chapter 33 remains eligible for the in-State tuition rate as long as the veteran or individual remains continuously enrolled, other than during regularly scheduled breaks, at the institution of higher education.
Amendment #20 amends GS 116-280 concerning definitions for specified need-based scholarships, adding conditions that must be met in order to be considered an eligible private postsecondary institution qualifying in the form of a private nonprofit postsecondary online education institution, further requiring the institution to (1) have at least 1,000 full or part-time in-state students enrolled, (2) have a chancellor that is based in North Carolina, (3) have a designated headquarters in NC.
Part XII. Department of Health and Human Services
Amendment #29 deletes Section 12A.1 from the bill, which required the Department of Health and Human Services to ensure that the contracts related to managed care, care management, health services, or health-related services contained certain clauses concerning performance outcomes, monetary requirements, and termination.
Amendment #31 expands the requirements for the plan for administering a competitive grants process for nonprofit funding from the specified Social Services Block Grant funds, providing that such a plan must also include a program that provides short-term residential substance abuse services, with no less than $500,000 to be awarded for such a program.
Amendment #22 adds a section that requires the nonrecurring funds appropriated to the Department of Health and Human Services for Residential Hospice for the 2015-16 fiscal year to be used for non-profit and publicly funded hospice residential care facilities.
Amendment #32 adds a section increasing the reduction in nonrecurring funds appropriated to the Temporary Assistance for Needy Families Block Grant to the Division of Child Development and Early Education for NC Pre-K by $5,527,584 in each year of the 2015-17 biennium. Makes conforming changes.
Amendment #32 adds a new section eliminating the reduction in recurring funds appropriated in the act in the Temporary Assistance for Needy Families Block Grant to the Division of Child Development and Early Education for Smart Start health-related activities. Makes conforming changes.
Amendment #47 amends Section 12F.7(e) making a technical change.
Amendment #19 adds a new section that creates a pilot program to provide targeted case management services to adults with intellectual and/or developmental disabilities that are on the waiting list for the Innovations waiver. Provides that funding for the pilot program will be in the amount of $2.1 million in nonrecurring funds derived from amounts appropriated to the Division of Information Resource Management for the 2015-16 fiscal year for a structural budget deficit in the Division. Sets out and defines what targeted case management services means for the purposes of the pilot program. Directs the Division of Mental Health to establish outcome measures for the purposes of evaluating the impact of the pilot program on individuals served. Requires the Department of Health and Human Services to report any findings of the pilot program no later than December 1, 2017, to the Joint Legislative Oversight Committee on Health and Human Services, the Fiscal Research Division, and the Program Evaluation Division. Makes conforming changes.
Amendment #33 adds a new section that requires the Joint Legislative Oversight Committee on Health and Human Services and the Joint Legislative Oversight Committee on Justice and Public Safety to each appoint a subcommittee to study the intersection of Justice and Public Safety and behavioral health. Sets out four issues that the subcommittees, who are to meet jointly, are to study and report on to their respective committees.
Amendment #11 makes a technical correction to GS 131D-6.1(a)(1) (licensing to offer overnight respite services). Amends GS 131D-6.1(a) to provide that overnight respite services as provided under subdivision (1) of this statute may include the services of the adult day care program or the adult day health program. Amends GS 131D-6(b) to make a conforming change providing that an adult day care program provider may provide overnight respite services on a 24-hour basis in accordance with new GS 131D-6.1, as enacted in this act.
Amendment #34 adds a section requiring the Division of Health Services Regulation to develop and implement a method for determining the need for licensed hospice residential beds in the state. Requires the need to be published annually in the North Carolina State Medical Facilities Plan and serve as the basis for approval of certificates of needs for hospice agency licenses.
Amendment #24 deletes Section 12H.13 from the bill, which directed the Department of Health and Human Services, Division of Medical Assistance, to develop and issue a request for proposal for a contract, beginning on January 1, 2016, for the statewide management of Medicaid nonemergency transportation services.
Part XIV. Department of Environment and Natural Resources
Amendment #4 deletes all of the provisions of the above sections and provides that funds appropriated to the Clean Water Management Trust Fund for military buffers can only be used on land that buffers a military facility from incompatible use encroachment. Sets out what military facility means for the purposes of this section, including a major military installation or training area identified in the report prepared by the Office of Land & Water Stewardship.
Part XV. Department of Commerce
Amendment #53 amends the provisions applicable to the use of deobligated CDBG funds and surplus federal administrative funds to add a provision allowing the Department of Commerce to use $5,908,497 in deobligated CDBG funds for specified services, facilities, loan fund, programs, and training. Makes conforming changes. Makes additional clarifying changes.
Amendment #3 adds new Section 15.22 to provide that if House Bill 250 of the 2015 Regular Session becomes law, then $1 million in recurring funds appropriated in this act for pending legislation is allocated to the Healthy Food Small Retailer Fund to be used for purposes consistent with that act.
Amendment #2 amends GS 18C-155 concerning reports by NC State Lottery Commission, making clarifying and organizational changes and adding language that requires State departments and agencies that receive lottery funds to inform the public in regards to amounts received and activities supported by those proceeds.
Part XVI. Department of Public Safety
Amendment # 47 deletes provisions that provided for a transfer of $2,898,779 for the 2015-16 fiscal year from the Statewide Misdemeanant Confinement Fund to the General Fund.
Amendment #14 requires that the Department of Public Safety's annual report on county prisoners housed in the state prison system is to be made according to safekeeping orders under GS 162-39 (was, according to safekeeping orders under GS 162-39(b) and specified that the purpose was to avoid security risks in county jails or due to insufficient or inadequate county facilities).
Part XIX. Department of Cultural Resources
Amendment #47 adds a section providing that funds appropriated to the Department of Cultural Resources for staff support of historic revitalization as well as federal tax credits must be used to support four full-time equivalent staff positions rather than three.
Part XXVII. Department of Revenue
Amendment #36 adds a new section that reduces appropriations to the Department of Administration for utilities for the 2015-16 and 2016-17 fiscal years by $250,000 each fiscal year and appropriates to the Department of Military and Veterans Affairs for the 2015-16 and 2016-17 fiscal years, $250,000 each fiscal year in nonrecurring funds to support the specified operations and positions.
Part XXVIII. Department of Revenue
Amendment #1 deletes provisions which directed the Department of Revenue to close the call center located in Rocky Mount no later than July 1, 2017, and allowed the transfer of vacant or filled positions to the call center in Greensboro as long as established positions do not exceed 100 in number.
Amendment #47 adds a section providing that the Department of Revenue can only use receipts from the Information Technology Security Reserve Fund to fund three full-time equivalent positions in order to secure the data of the department.
Part XXIX. Department of Transportation
Amendment #49 amends subsection (b) of new GS 136-18.03, enacted in this act, to provide that the Department of Transportation (Department) is authorized to hire private counsel to provide legal services related to any project undertaken by the Department. Also authorizes the Department to supervise and manage the private counsel retained under this section without obtaining written permission or approval from the Attorney General under GS 114-2.3, excluding legal services related to workers’ compensation claims brought by Department employees.
Amendment #47 amends the amounts appropriated to the Department of Transportation for contract resurfacing, providing that $42,552,012 for fiscal year 2015-16 will be appropriated to the department for the above reasons (previously, appropriated $87,417,442).
Part XXX. Salaries and Benefits
Amendment #16 adds language providing that full-time permanent employees of the State, local board of education, or a community college institution on July 1, 2015, who are eligible to earn annual leave will receive five days of annual leave credited on July 1, 2015 (previously, did not include employees of local boards of education).
Part XXXI. Capital Projects
Amendment #30 amends proposed GS 120-261, which established the Joint Legislative Oversight Committee on Capital Improvements, providing that of the 16 members from the General Assembly to be appointed to the committee, two appointed members from each chamber must be from the minority party.
Amendment #26 makes an organizational change, deleting Section 31.9 and replacing it with Sections 31.9(a) and 31.9(b).
Modifies GS 143C-3-3(b)(2) in Section 31.9(a) (was, Section 31.9), to provide that the University of North Carolina cannot make a capital fund request to construct a new facility, expand an existing facility, or rehabilitate an existing facility for new or expanded uses unless the University has completed advanced planning through Schematic Design for the project with funds other than General Fund appropriations (was, and other than funds carried forward from one fiscal year to another pursuant to GS 116-30.3).
Under current law, GS 143C-8-12(b) provides that the term "non-General Fund money" includes carryforward funds from one fiscal year to another under GS 116-30.3 and GS 116-30.3B. Amends GS 143C-8-12(b) to provide that these funds must only be used for projects listed in GS 143C-4-3(b) and for advanced planning as described in GS 143C-3-3(b)(2).
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