Bill Summary for H 805 (2015-2016)

Summary date: 

Jun 30 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 805 (Public) Filed Tuesday, April 14, 2015
AN ACT TO PROVIDE FOR MEASURABILITY ASSESSMENTS OF STATE PROGRAMS; TO PROVIDE FOR CERTAIN COUNTY SERVICES ON THE TRUST LANDS OF THE EASTERN BAND OF THE CHEROKEE INDIANS; AND TO MAKE TECHNICAL, CLARIFYING, AND OTHER MODIFICATIONS TO THE CURRENT OPERATIONS AND CAPITAL IMPROVEMENTS APPROPRIATIONS ACT OF 2016.
Intro. by Blackwell, Avila.

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Bill summary

House committee substitute makes the following changes to the 3rd edition.

Amends the act's long title. 

Adds Part numbers to the bill. 

Makes the following changes to House Bill 1030 of the 2015 Regular Session, the 2016 Appropriations Act, if it becomes law:

Amends Section 2.1, concerning allocations for current operations, adjusting appropriated amounts under the subheadings for Education, Agriculture and Natural and Economic Resources, and General Government, deleting all proposed appropriations for Elizabeth City State University and the UNC School of the Arts, but adds new appropriations for General Administration and the NC School of Science and Math under Education. Decreases the amount for University Institutional Programs, and Commerce. Increases the amount for Natural and Cultural Resources. 

Amends proposed GS 143C-5-4(b)(8) concerning procedures for operation when a fiscal year ends without a new budget, making technical corrections.

Amends Section 6.25(a)(1) of SL 2015-241 concerning the elimination of certain vacant state positions, providing that that the specified positions which have been vacant for more than 12 months as of April 30, 2016, must be abolished (previously, required the specified positions to be abolished if they were vacant for 12 months as of April 17, 2016). 

Amends Section 7.7 concerning opportunities for qualifying veterans in the Department of Information Technology, making a technical correction. 

Provides that four FTE vacant positions from the Department of Information Technology IT Fund and 3.5 vacant FTE positions from the Department of Information Technology IT Reserve will be eliminated, with the corresponding funding for these positions being reduced as specified. 

Amends Section 10.8 concerning funds appropriated to the NC Community College System Office, making a technical change. 

Reallocates $3.4 million from Gaston Community College Center to the Gaston College Center for Advanced Manufacturing.

Provides that the $250,000 in nonrecurrring funds for marketing the NC Promise Tuition "Buy Down" at Elizabeth City State University should be allocated to Budget Code 16010 instead of Budget Code 16086. 

Amends Section 11.9 of SL 2015-241, as amended by Section 11A.4 of House Bill 1030, concerning the competitive grant program for eligible entities to elevate educators in NC public schools, expanding the information required to be collected by the contracted nonprofit corporation partner of the grant program, now requiring the collection, analysis, and evaluation of the percentage of program completers that are school leaders that have remained employed in a NC public school for two or more years of initial placement. Further requires the nonprofit corporation partner of the program to submit the grant program data collected as specified to the Joint Legislative Education Oversight Committee in addition to the State Board of Education. Further amends funding for the contracted nonprofit corporation, providing that $500,000 for the 2015-16 fiscal year will be allocated to the State Education Assistance Authority for the nonprofit corporation (previously, stated such funds were to be appropriated each fiscal year). Makes conforming changes.  Sets out a new funding model for the grant program, beginning in fiscal year 2016-17 and each fiscal year after that, that of the funds appropriated to the grant program, $300,000 must be allocated to the State Education Assistance Authority to contract with the nonprofit corporation, chosen to establish and administer the program, allowing the State Education Assistance Authority to use up to 5% of those funds for administrative costs. Provides that remaining funds appropriated for the program are to be used to award grants to selected recipients. 

Amends Section 10.14(c) of SL 2015-241, as amended by House Bill 1030, clarifying that appropriated funds for the NC Works Career Coach Program can be used for salary and benefits for career coaches, with the understanding that up to 2% can be used for direct operating costs related to supporting NC Works Career Coaches. 

Amends GS 116-239.11(a)(1), as enacted by House Bill 1030, concerning the funding of lab schools, providing that allocations from the State Board of Education will be the same amount equal to the average per pupil allocation for average daily membership, except as those allocations are appropriated for children with disabilities, children with limited English proficiency, and for the allocation of transportation services (previously, did not provide that they would exclude funding as allocated for transportation services as provided in other local school administrative units). 

Amends Section 12A.8(c) concerning funding for the Cape Fear Valley Medical Center, deleting a provision making an erroneous reference.

Amends Section 12H.18 concerning funding for critical medicaid positions, providing that $1.150 million will be appropriated to the Division of Medical Assistance to fund critical positions (previously, provided for the funding to go to the newly established Division of Health Benefits as new operator of Medicaid). Sets out provisions requiring the $1.150 million appropriated to the Division of Health Benefits in 2016-17 fiscal year to be used to fund critical positions in the Division of Medical Assistance. 

Amends Section 12C.7(e), replacing DSS with the Department of Health and Human Services in provisions requiring the submittal of a detailed plan for reimbursement to facilities for serving recipients of State-County Special Assistance. 

Amends Section 12B.4(a) concerning the NC Pre-K program, requiring the Department of Health and Human Services, Division of Child Development and Early Education, to consult with the Department of Public Instruction in regards to studying the costs and effectiveness associated with funding slots for the NC Pre-K program as specified. 

Amends Section 12H.A3 concerning the issuance of a request for proposals to recover Medicaid and NC Health Choice overpayments, requiring the Division of Medical Assistance to issue such request for proposals by December 31, 2016 (was, October 1, 2016). 

Reallocates $50,000 for the 2016-17 fiscal year to Fund Code 1161 for the Public Health Authority of Cabarrus County instead of the Public Health Alliance of Cabarrus County.

Amends Section 12G.4.(b) concerning parties to a cooperative agreement upon which a certificate of public advantage was issued, now providing that the report which was required to be submitted detailing activities pursuant to the agreement through September 30, 2017, now will be considered a final report and must be submitted instead by December 30, 2017. Also amends the information that must be included in that report to include the nature and scope of activities pursuant to the agreement through the date the agreement expires (previously, through September 30, 2017). Adds a requirement that a summary of activities and market impact from the date of the agreement expires through September 30, 2017 be included in the report.

Amends GS 143B-139.6A, concerning early intervention services pursuant to the federal Individuals with Disabilities Act, adding language providing that the Governor Morehead School for the Blind, the Eastern North Carolina School for the Deaf, and the North Carolina School for the Deaf are to be added to any permission to refer release form provided to parents for contact regarding early intervention services. 

Amends Section 12A.8(b) of SL 2015-241, as amended, concerning the administration of a competitive grants process for nonprofit funding, amending the required aspects of the funding plan, adding, beginning in the 2017-18 fiscal year, programs that provide year-round sports training and athletic competition for children and adults with disabilities as one of the type of wellness initiatives approved for funding.

Repeals Section 12E.2(g) concerning the Healthy Out-of-School Time (HOST) Recognition Program.

Amends GS 13-202.1(f) providing that amendments of shellfish cultivation leases to authorize the use of the water column can only be transferred with the superincumbent bottom lease for the remainder of the term of the amendment (previously, allowed transfer with a bottom lease). 

Amends GS 13-202.2(f) concerning water column leases for aquaculture for perpetual franchises, providing that such water column leases can only be transferred with the superincumbent perpetual franchise for the remainder of the term of the lease as specified. 

Provides that, notwithstanding any provision of the act to the contrary, the revised net appropriation for all programs in the Rural Economic Development Divisions for the 2016-17 fiscal year will be $23,857,973 and that $336,000 in recurring funds for Community Planners for Prosperity Zones for the 2016-17 fiscal year will be allocated to Fund Code 1620 instead of Fund Code 1534.

Amends Section 13.4(a) concerning funds appropriated to the Department of Agriculture and Consumer Services for the 2016-17 fiscal year to create a program to reimburse small food retailers to enhance access to healthy foods, providing that the Department can retain up to 10% of the allocated funds pursuant to this section for administrative costs associated with the health food small retailer program. 

Directs funds appropriated to the Department of Natural and Cultural Resources for advanced planning of a new visitor center at Fort Fisher State Park to be transferred to a Capital Code by the Department. 

Directs any funds appropriated to the Department of Commerce in order to contract with the Economic Development Partnership of NC to be reduced by an additional $65,437 in recurring funds for the 2016-17 fiscal year, with the revised net appropriation for the Department of Commerce to be $20,255,411. 

Directs funds appropriated to the Department of Natural and Cultural Resources to be increased by $65,437 in recurring funds for the 2016-17 fiscal year to be used to support a distance learning coordinator position at the NC Museum of History, with the revised net appropriation for the Department of Natural and Cultural Resources to be $14,784,124. 

Directs $75,000 in nonrecurring funds appropriated to the Forest Development Fund to be allocated to Fund Code 1990 instead of Fund Code 1510.

Directs that $100,000 of the funds appropriated to the Office of Indigent Defense Services for the 2016-17 fiscal year be allocated to the NC State Bar for use by the Pisgah Legal Services. 

Directs the Department of Public Safety to not eliminate position number 60070228, but rather should instead identify another vacant position at the same salary level to eliminate in Fund Code 1100-Division of Administration. 

Amends Section 8.26(n) of SL 2015-241, requiring the Department of Public Safety to implement an anonymous safety tip line application and a statewide panic alarm system as required, by July 1, 2018 (was, by July 1, 2016). 

Reallocates $500,000 in nonrecurring funds for the 2016-17 fiscal year from the State Emergency Response and Disaster Relief Fund to the Governor's Office to pay for costs incurred from litigation related to SL 2016-3.

Provides that funds appropriated for the Community Living Housing Fund should be appropriated from Budget Code 63011 rather than Budget Code 13010. 

Amends Section 32.5(j) concerning the responsibilities for the NC Youth Legislative Assembly, deleting language that transferred the position of Administrative Officer II as specified, including transferring salary and benefits as specified. Further provides that effective July 1, 2016, Administrative Officer II, Position Number 60014065, and associated benefits are transferred from the Department of Administration to the General Assembly.

Provides that the funds in Budget Code 23900 in the 2016-17 fiscal year will be used to continue the transfer of a portion of vehicle inspection fee proceeds from the Department of Transportation to continue support of the State's grant program that provides funding to local rescue organizations. Provides that the revised net appropriation for the Volunteer Rescue/EMS Program is $1,456,931.

Provides that the funds in Budget Code 23901 in the 2016-17 fiscal year will be used to restore the recurring transfer of a portion of vehicle inspection fee proceeds from the Department of Transportation to continue support of the State's grant program that provides funding to eligible beneficiaries. Provides that the revised net appropriation for the Rescue Squad Workers' Relief Fund is $957,352. 

Amends Section 36.10 adding new Section 36.10(e), providing that $6,051,722 of the funds appropriated to the Community Colleges System Office can be used for the restoration of management flexibility cuts, compensation increases, or both. Also adds Section 36.10(f), which provides that it is the intent of the General Assembly to provide additional recurring funds during the 2017-18 fiscal year to the Community Colleges System Office for compensation increases. 

Amends GS 142-15.17, concerning the prohibition on financing certain assets without approval of the General Assembly, making a technical correction. 

Provides that the Department of Administration can lease to a third party the 1.7 acre Personnel Training Center property located on Peace Street in Wake County. Sets out requirements of the lease, including that it can exceed 30 years but not 99 years and that it must be for fair market value. Also exempts the lease from the otherwise applicable statutes found in GS 66-58 and GS 146-29(b). 

Amends Section 38.2(f), effective date provisions for Section 38.2, concerning the taxation of mill machinery, making technical and clarifying changes. 

Amends GS 105-164.4H(d)(2), GS 105-187.51B(a)(6)-(7) (effective July 1, 2016), and GS 105-164.4H(e)(1)(f) (effective January 1, 2017), making various technical and clarifying changes. 

Amends GS 105-164.4H(e)(1)d, concerning the definition of capital improvement as it relates to real property contracts, making a clarifying change, effective January 1, 2017. 

Amends Section 38.5(g), correcting a reference.

Provides that Section 1 of this bill, concerning the North Carolina measurability Assessment Act of 2016, is effective October 1, 2016, and unless otherwise provided, the remainder is effective July 1, 2016. 

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