Bill Summary for S 582 (2017-2018)

Summary date: 

Oct 4 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 582 (Public) Filed Monday, April 3, 2017
AN ACT (I) TO MAKE TECHNICAL, CLARIFYING, AND OTHER MODIFICATIONS TO THE CURRENT OPERATIONS APPROPRIATIONS ACT OF 2017 AND TO RELATED LEGISLATION AND (II) TO MAKE AGENCY TECHNICAL CORRECTIONS.
Intro. by Barringer.

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Bill summary

Conference report makes the following changes to the 3rd edition. Unless otherwise indicated, the act deletes all provisions of the previous edition.

Part I. 

Adds the following new provisions.

Amends Section 5.3(e) of SL 2017-57 (Appropriations Act of 2017) to limit the use of grant funds awarded by the Superintendent of Public Instruction to the construction of new school buildings (currently limited to new capital projects).

Amends Section 3, subdivision (7), of SL 2017-119 (Disaster Recovery Act of 2017) concerning the funds allocated to the Lumber River Council of Government, directing the Housing Finance Authority to coordinate with the Lumber River Council of Government to create a 30- to 36-unit (currently, 30- to 35-unit) multifamily affordable housing complex within the Fair Bluff Town limits.

Amends Section 3 of SL 2017-137 to make Section 2.5 of the act (amending GS 20-280 concerning the requirement for taxicab operators to file proof of financial responsibility with governing board of municipality or county) effective January 1, 2018, (instead of October 1, 2017). Makes Section 1 of the act (enacting new GS 136-19.4A, concerning required surveying information in certain acquisition plans) applicable to policies issued or renewed (was, to plans prepared for acquisitions) on or after October 1, 2017. 

Requires the Department of Administration to study the use of buildings by State agencies in downtown Raleigh and report its findings to the Joint Legislative Committee on Governmental Operations no later than April 1, 2018.

Part II. 

Adds the following new provisions.

Amends GS 115D-5(x), as enacted by SL 2017-57, extending the date by which the State Board of Community Colleges, the State Board of Education, and the Board of Governors must jointly report to the Joint Legislative Education Oversight Committee their evaluation of success of students participating in the Career and College Promise Program from January 15 of each year to March 15 of each year.

Amends GS 115C-64.17, as enacted by SL 2017-57, extending the date by which the NC Education and Workforce Innovation Commission must accept applicants for a grant from November 1, 2017, to November 30, 2017.

Amends Section 8.2(b) of SL 2017-57, providing for a monthly salary supplement for highly qualified teaching graduates, to make the provisions applicable to teachers entering the profession in the 2017-18 fiscal year who were hired prior to the effective date of Section 8.2A of the act, enacted as follows. Enacts new Section 8.2A to SL 2017-57, providing for highly qualified graduates employed by a local board of education to receive a monthly salary supplement at the highest level for which the graduate qualifies as provided. Defines a highly qualified graduate or graduate as an individual entering the teaching profession and hired on or after the effective date of Section 8.2A who has graduated from an approved educator preparation program located in North Carolina who meets the specified GPA and edTPA assessment score requirements. Applies to teachers entering the profession in the 2017-18 fiscal year and hired on or after the date the act becomes law.

Amends Section 8.3 of SL 2017-57, concerning compensation for principals for the 2017-18 fiscal year. Provides that principals who were eligible for longevity in the 2016-17 fiscal year may receive the salary the principal received in the 2016-17 fiscal year pursuant to Section 9.1 of SL 2016-94 (Appropriations Act of 2016). Further provides that principals who were not eligible for longevity in the 2016-17 fiscal year (currently, 2016-17 school year) may receive the salary the principal received in the 2016-17 fiscal year pursuant to Section 9.1, which sets out the teacher monthly salary schedule, or Section 9.2, which sets out the school-based administrator salary schedule, of SL 2016-94 (currently, does not provide receipt pursuant to Section 9.1). Makes identical changes to Section 8.5(e) of SL 2017-57 concerning compensation for assistant principals for the 2017-18 fiscal year. Applies retroactively to July 1, 2017.

Part III.

Adds the following new provisions.

Deletes the term randomized control group member from the definitions set forth in Section 12F.1 of SL 2016-94 (Appropriations Act of 2016) pertaining to the Medication-Assisted Opioid Use Disorder Treatment Pilot Program. Makes conforming changes throughout Section 12F to remove references to the term and to remove evaluation and reporting requirements concerning the term.

Amends GS 147-86.70(b)(1) to explicitly allow for a parent under a power of attorney to act on behalf of an Achieving a Better Life Experience (ABLE) account owner (currently, only explicitly authorizes a guardian or agent under a power of attorney). Makes conforming changes to GS 147-86.71, pertaining to the ABLE Program, to include parents in the existing provisions concerning ABLE accounts and limitations.

Amends Section 11F.9 of SL 2017-57, directing the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services (Division), to establish an adult pediatric traumatic brain injury pilot program to be conducted at not less than three and not more than five trauma hospitals licensed in the state (currently, directs the Department to establish up to three program sites at trauma hospitals). Deletes the previous appropriations set forth for the development and implementation of the program. Deletes the previous directive requiring each program site to be awarded $100,000 for the development and implementation of an interactive quality assessment and quality assurance clinical decision support tool. Instead, directs the Division to appropriate $150,000 in nonrecurring funds for the 2017-18 fiscal year and $300,000 in nonrecurring funds for the 2018-19 fiscal year of the funds appropriated by the act to the Division to enter into a contract with an independent entity to operate the pilot program (currently, directs the Department to contract with a private entity to assist participating trauma hospitals in implementing the described quality assessment and assurance tool). Sets out criteria the Division must meet in selecting an independent entity to contract with for this purpose. Sets forth the responsibilities of the independent entity contracted, including initiating and operating the pilot program and assisting participating hospitals in implementing the quality assessment and assurance software. Makes conforming and organizational changes.

Amends SL 2017-57 by requiring nonrecurring funds appropriated in the act to the Department of Health and Human Services, Division of Aging and Adult Services, in 2017-18 to be allocated to the Town of Bolton instead of to the Bolton Senior Center.

Part IV.

Adds the following new provisions.

Amends Section 15.9A of SL 2017-57 to further specify that the funds appropriated to the Department of Commerce as a grant-in-aid to the Town of Haw River must be used to provide grants, loans, or both for a historic mill renovation project. Specifies that the Town of Haw River must enter into an agreement with any entity (currently referred to as subgrantee) receiving funds (recipient) in addition to the provisions governing reporting, oversight, and administration of grants funds contained in GS 143C-6-23. Further provides that the agreement with any entity receiving funds must contain a provision requiring recapture or repayment (currently only recapture) of all funds if the recipient fails to comply with the terms of the agreement. Adds that the Town of Haw River can retain up to 20% of the funds for the historic mill renovation project for infrastructure improvement necessary for and directly related to the project. Defines infrastructure improvements. Makes conforming changes.

Amends the allocation of the $100,000 allocated in Section 13.22 of SL 2017-57, as amended, from the funds appropriated to the Division of Water Infrastructure of the Department of Environmental Quality for water and sewer infrastructure grants for the 2017-18 fiscal year to Davidson County. Allocates $50,000 for a sewer project and $50,000 for preservation and restoration work on the Wil-Cox bridge (currently, allocates $100,000 for the Wil-Cox bridge sewer expansion).

Eliminates the sunset provision in Section 15.14B of SL 2014-100 (Appropriations Act of 2014), which enacts GS 143B-437.02A and establishes the Film and Entertainment Grant Fund. 

Amends Section 10.24 of SL 2017-57, which directs the Food Processing Innovation Center Committee (Committee) to develop a business plan for the Food Processing Research center at the North Carolina Research Campus to implement, to establish that this business plan is binding and North Carolina State University cannot deviate from the plan without having the plan amended by the Committee. Provides that the Committee can adopt amendments to the business plan by a majority vote. 

Directs that, of the funds appropriated in SL 2017-57 to the Wildlife Resources Commission, an additional $50,000 in recurring funds be allocated to the Outdoor Heritage Advisory Council to provide support for the operation of the Council, including salaries and benefits of Council personnel. Enacts GS 143B-344.62, authorizing the Outdoor Heritage Advisory Council to employ an executive director, and authorizes the executive director to hire additional staff and consultants, subject to appropriations and other funds that accrue to the Council.

Amends GS 97-2(2), defining employee as the term applies to the Workers' Compensation Act, deleting existing language that creates a rebuttable presumption that the term "employee" does not include any person performing services in the sale of newspapers or magazines to ultimate consumers under an agreement whereby the newspapers or magazines are to be sold by that person at a fixed price and the person's compensation is based on the retention of the excess of the fixed price over the amount at which the newspapers or magazines are charged to the person. Effective January 1, 2018.

Amends Section 15.8 of SL 2017-57, as amended, to decrease by $100,000 the funds appropriated to the Rural Economic Development Division of the Department of Commerce to provide grants-in-aid for downtown revitalization projects for the specified counties and cities. Also removes the Town of Yadkinville from the list of recipients.

Adds the following to Section 15.8 of SL 2017-57. Requires that of the funds appropriated to the Rural Economic Development Division of the Department of Commerce: (1) $25,000 in nonrecurring funds for 2017-18 be used to provide a grant-in-aid to the Town of Dover to be used for parks and recreation projects and (2) $75,000 in nonrecurring funds for 2017-18 be used to provide a grant-in-aid to Lincoln County for the Voice Interoperability Plan for Emergency Responders network.

Amends GS 143B-293.2(a1) to require that the specified General Assembly appointees to the NC Oil and Gas Commission be members (was, representatives) of a nongovernmental conservation interest; applicable to appointments made on or after the effective date of the act.

Amends Section 14.19 of SL 2017-57 to allow the $300,000 appropriated to the Division of North Carolina Aquariums to be used for the planning and permitting (was, planning) of Blake Farms satellite aquarium area. Also adds that the Division is allowed to specifically expend funds to engage architects and other program consultants to (1) collaborate with Blake Farms to design and permit the building housing the satellite aquarium area and (2) produce schematic, design, and final construction documents for the satellite aquarium area.

Amends Section 37.2(e) of SL 2016-94, as amended, to require that funds appropriated during the 2015-17 biennium (was, any funds) for Environmental Quality Incentive Program projects be paid out to each of the original grantees for the full grant amount except that the Secretary may retain 10 percent of the state share of funding until the US Department of Agriculture has provided a final practice approval of the project.  Amends GS 143-215.72(d) to procedures that apply to grants for the purpose in GS 143-215.71(8) to require, upon a request signed by the grant applicant and co-applicant, that the Department make periodic payments to the co-applicant for its share of non-federal costs of a project before receipt of a final practice approval from the Natural Resources Conservation Service if the grantee has submitted a certified reimbursement request or invoice. 

Part V.

Adds the following new provisions.

Amends GS 97-13, requiring the average weekly wage of inmates employed pursuant to the Prison Industry Enhancement Program to be calculated pursuant to GS 97-2(5).

Amends GS 114-2(1), setting forth the duties of the Attorney General, prohibiting the delegation of the duty to represent the State in criminal appeals to any district attorney's office or any other entity. Makes conforming changes to GS 7A-61, concerning duties of district attorneys. Further amends GS 7A-61 to specify that the district attorney has a duty to represent the State in juvenile cases in the superior and district courts in which the juvenile is represented by an attorney. Adds new requirements for the district attorney to provide the Attorney General any case files, records, and additional information necessary for the Attorney General to conduct appeals to the Appellate Division for cases from the district attorney's prosecutorial district. Prohibits the Attorney General from delegating to the district attorney or any other entity the duty to represent the State in criminal and juvenile appeals. Effective July 1, 2017. Provides that it is the obligation of the Attorney General to work with each district attorney to ensure that all criminal appeals delegated on or after July 1, 2017, to a district attorney's office are properly returned to the Attorney General's office. Establishes that actions taken by the office of a district attorney related to a criminal appeal delegated to that office on or after July 1, 2017, is deemed to have been taken with full legal authority to act on behalf of the State. 

Amends Part XVII of SL 2017-57 by adding the following. Amends GS 15-1 to provide that the crimes of deceit and malicious mischief, the crime of petit larceny where the value of the property does not exceed $5, and all misdemeanors except malicious misdemeanors are to be charged (was, presented or found by the grand jury) within two years after the commission of the crime. Provides that if any pleading (was, any indictment found within that time) is defective so that no judgment can be given, another prosecution may be instituted for the same offense, within one year after the first is abandoned by the State. Effective December 1, 2017.

Also amends GS 8C-1, Rule 702(a1), to allow a witness (who is no longer required to be qualified under (a) of the statute and no longer specifying that proper foundation must be laid) to give expert testimony solely on the issue of impairment and not on the issue of specific alcohol concentration level relating to: (1) the results of a horizontal gaze nystagmus test when the test is administered in accordance with the person’s training by a person who has successfully completed training in HGN and (2) whether the person was under the influence of one or more impairing substances, and the category of such impairing substances or substances, if the witness holds a current certification as a Drug Recognition Expert issued by the State Department of Health and Human Services.

Part VI.

Adds the following new provisions.

Amends Section 34.28A of SL 2017-57, extending the date by which the Department of Transportation and the Department of Environmental Quality must report on the cost-benefit analysis of the State providing dredging services versus the State utilizing private contractors to provide dredging services to the Joint Legislative Transportation Oversight Committee and the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources from February 1, 2018, to April 1, 2018.

Amends Section 34.29 of SL 2017-57, extending the date by which the Department of Transportation must report its findings on its study of Dredge Manteo to the Joint Legislative Transportation Oversight Committee from December 1, 2018, to April 1, 2018.

Part VII.

Adds the following new provisions.

Amends GS 105-244.4(a), as enacted by SL 2017-204 (Various Changes to the Revenue Laws). Authorizes the Secretary of Revenue to reduce an assessment against a taxpayer who requests relief for State and local sales and use taxes and waive any penalties imposed when the assessment is the result of an audit of the taxpayer by the Department of Revenue (Department) and all five qualifications, as specified, are met. Modifies and adds to the fifth qualification, now setting out three qualifications of which the taxpayer must meet one: (1) the taxpayer  received a proposed assessment dated on or before August 15, 2017, did not file a request for review, paid the tax due, and filed a written request with the Secretary on or before December 29, 2017, to request the amount of sales or use taxes be reduced, citing specific reasons; (2) the taxpayer received a proposed assessment dated on or before September 30, 2017, timely filed a request for review, and files a written request with the Secretary on or before December 29, 2017, to request the amount of sales or use taxes be reduced, citing specific reasons; or (3) the taxpayer receives a proposed assessment after September 30, 2017, and timely files a request for review as provided in GS 105-241.11 and files a written request with the Secretary no later than 45 days from the date of the notice of the proposed assessment to request the amount of sales or use taxes be reduced, citing specific reasons. Adds that in the circumstance where the taxpayer received a proposed assessment dated on or before September 30, 2017, timely filed a request for review, and files a written request with the Secretary on or before December 29, 2017, to request the amount of sales or use taxes be reduced, the Department does not need to take further action on the taxpayer's request for review unless the taxpayer states in writing when filing the request for reduction that the reduction does not resolve the taxpayer's objection to the proposed assessment and that the taxpayer wishes to continue the Departmental Review. Effective August 11, 2017.

Makes technical correction to Section 38.8(a) of SL 2017-57. Applies retroactively to sales made on or after July 1, 2017.

Part VIII.

Amends GS 18B-1114.1, as amended, to remove farmers' markets from locations at which the holder of an unfortified winery permit, a limited winery permit, a viticulture/enology course authorization, or a wine producer permit may give free tastings or sell wine.

Retains changes made to GS 28A-2B-1 in the previous edition.

Amends GS 28A-21-2, as amended, to no longer require a personal representative or collector to certify in the final account when no estate or inheritance tax return was required to be filed for an estate, including no longer requiring that specified information be listed in such a certification.

Amends GS 31D-5-505, as recodified, to remove references to a limitation of a power of appointment. Requires the Revisor of Statutes to print all explanatory comments of the drafters of the section as deemed appropriate.

Retains changes to GS 36C-5-505 made in the previous edition.

Retains changes made to GS 42A-37 in the previous edition.

Amends GS 57D-1-03, as amended, to make technical changes, effective January 1, 2018.

Retains changes made to GS 90-92(a).

Amends GS 135-7(g)(2), to make a technical correction, effective October 1, 2017.

Retains changes made to GS 143-47.7.

Amends GS 143-138(b4)(2a) to make a technical correction. 

Retains changes made to GS 143B-68.

Repeals SL 2006-248, Part XII, which established the House of Representatives Task Force on the Recovery of Costs in Civil Cases.

Repeals SL 2001-145, Section 6A.19(e), which established an advisory committee that includes business and information technology subject matter experts to provide advice and assistance during the evaluation of information technology operations, infrastructure, systems, ongoing projects, and applications within State government.

Makes conforming changes to the act's short and long titles. 

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