AN ACT TO MAKE TECHNICAL, CLARIFYING, AND OTHER MODIFICATIONS TO THE CURRENT OPERATIONS APPROPRIATIONS ACT OF 2018 AND TO CREATE THE LEGISLATIVE COMMISSION ON THE FAIR TREATMENT OF COLLEGE STUDENT-ATHLETES.
Conference committee report rewrites the 2nd ed. entirely to make technical corrections to the 2018 Appropriations Act (SL 2018-5), and makes conforming changes to the bill title.
Part I adjusts the amounts of appropriations to various state agencies.
Part II amends various sections relating to public education as follows.
Amends Sec. 8.2.(c) to provide that, if a principal does not have growth scores for the time periods identified in the provision, the criteria for determining school growth scores is the most recent growth scores up to the 2016-17 school year (for the period between July 1, 2018, through December 1, 2018) or up to the 2017-18 school year (for the period between January 1, 2019, through June 30, 2019).
Amends Sec. 8.4.(f) to make technical change to session law citation.
Adds new Sec. 7.28 requiring that, of the funds appropriated to the Department of Public Instruction, $25,000 shall be allocated to the New Dimensions Charter School to be used for operating expenses.
Amends Sec. 41.1(a) to make technical correction to effective date of that section.
Amends GS 115C-105.49A(b) to clarify that the Division of Emergency Management and the Center for Safer Schools shall leverage the existing enterprise risk management database in collaboration with the Department of Public Instruction, and makes other technical clarifying changes to the statute.
Amends GS 115C-105.52 to clarify that the Center for Safe Schools may also consult with the Division of School Operations to develop school crisis kits.
Adds new GS 115C-105.57 to Article 8C of Chapter 115C establishing the Center for Safe Schools within the Department of Public Instruction and providing for the appointment of an executive director and requiring all agencies to cooperate with the Center.
Amends Sec. 7.7 to prohibit the Department of Public Instruction from transferring or reducing positions in the Office of Charter Schools during the 2018-19 fiscal year in implementing budget reductions, audit recommendations, or other efficiency changes.
Amends Sec. 8.7 of SL 2016-94, as amended by Sec. 7.9 of SL 2018-5, to clarify that the State Board of Education must issue an initial request for proposals, and then may issue subsequent RFPs as necessary to carry out the requirements of the section.
Adds a new Sec. 9.12 adjusting the enrollment growth appropriation to the community college system for fiscal year 2018-19.
Adds a new Sec. 9.11 allocating $200,000 in funds appropriated to the Community Colleges System Office to the Johnston County Community College for the Fire Tower Training Facility and allocating $50,000 to the Wilkes County Community College for Culinary Arts Building equipment.
Adds a new Sec. 10.6 allocating $4.8 million in funds appropriated to the UNC Board of Governors to the Southern Regional Area Health Education Center for residency programs.
Amends GS 115C-83.6(a2) to delete reference to GS 115C-174.11.
Adds new Sec. 10.7 to extend the terms of the initial members appointed to the Advisory Council on Rare Diseases to July 1, 2023, and provides that members serve 3-year terms thereafter.
Amends GS 115C-562.1(3)b. to exempt from the calculation of household income for scholarship eligibility any distribution from the estate of a decedent.
Amends Sec. 6 of S.L. 2016-110, as further amended by subsequent session laws, to require the Department of Public Instruction to award innovation zone model grants up to $150,000 from within funds appropriated to the Department for innovation zone grants, and provides that these funds may be used for administrative expenses only during the 2018-19 fiscal year.
Adds new Sec. 7.29 to allocate $10,000 to Graham County Schools from among the funds appropriated to the Department of Public Instruction.
Adds new Sec. 7.30 to reduce the grant-in-aid to DonorsChoice.org by $200,000.
Adds new Sec. 2.16 to adjust the points calculations for school achievement, growth, performance scores, and grades for high schools in the 2017-18 school year.
Amends GS 116-280 to define the term armed forces for purposes of Article 34 of Chapter 116 establishing need-based scholarships for students attending private colleges. Further amends GS 116-281(3) to make eligible for scholarships active duty members of the armed forces abiding in this state due to active military service. Applies beginning with the 2018-19 school year.
Part III amends various sections relating to health and human services as follows:
Adds new Sec. 11F.9A to reallocate $50,000 appropriated to Gigi’s Playhouse located in Raleigh to Gigi’s Playhouse located in Charlotte.
Adds new Sec. 11A.3A. to reallocate $250,000 appropriated to the Free Clinic of Reidsville to the Free Clinic of Rockingham County, Inc.
Adds new Sec. 11A.3B. to reallocate $25,000 appropriated to the Ada Jenkins Center in Davidson County to the Ada Jenkins Center in the Town of Davidson.
Amends GS 110-130.1(a) to make technical change to statutory citation.
Amends Sec. 11L.1.(a) to make various changes in allocations of health and human services block grants funds.
Adds new Sec. 11B.6 to clarify that the Department of Health and Human Services is not required to eliminate the position referenced in the section.
Adds new Sec. 11F.9C.(a) requiring that $348,558 of the funds appropriated to the Department be used to fund a suicide prevention lifeline.
Amends GS 90-288.14A to change reference to "nursing home" to "adult care home."
Adds new Sec. 11F.2A to reallocate $4 million dollars appropriated to the Cape Fear Medical Center in Cumberland County to the Betsy Johnson Hospital in Harnett County.
Adds new Sec. 11H.9A to require the Department to study increased utilization of group home services and report to the Joint Legislative Oversight Committee on Medicaid and NC Health Choice, the Joint Legislative Oversight Committee on Health and Human Services, and the Fiscal Research Division by January 7, 2019.
Adds new Sec. 11F.9B allocating $25,000 to the Adventure House located in Shelby.
Adds new Sec. 11H.13.(a) reducing the amount of funds appropriated for the Medicaid Rebase by $7.5 million dollars, appropriating $5.5 million dollars to the increase the rate for in-home aide services, appropriating $2 million dollars to provide adult optical Medicaid coverage, and requiring the Department to report to Joint Legislative Oversight Committee on Medicaid and NC Health Choice and the Fiscal Research Division by March 1, 2019, on new services and rate increases implemented.
Part IV amends various sections relating to agriculture and natural resources as follows.
Clarifies that funds appropriated to Yancey County for the Cane River Park may be used for lighting anywhere within the park.
Amends Sec. 13.2 to make technical change to the official name of the Charlotte Motor Speedway and allows it to allocate the grant to another entity.
Transfers funds appropriated to the Mountain Island Education State Forest to a special fund.
Amends GS 143-215.3E to include releases of pollutants in addition to discharge of pollutants under this statute. Makes identical conforming change to GS 143-215.2A.
Adds new Sec. 12.6 authorizing the Department of Agriculture and Consumer Services to retain up to 10% of the funds appropriated for the Health Food Small Retailers Program for administrative expenses.
Adds new Sec. 15.9 making the following changes to grants-in-aid: (1) clarifies that $50,000 appropriated to the Town of Archer Lodge is not subject to a match requirement; (2) authorizes $180,000 allocated to the City of Lexington to be used for demolition and debris removal; (3) reduces by $10,000 the funds allocated to the Southwest North Carolina Planning and Economic Development Commission; (4) reduces by $50,000 the funds allocated to the Town of High Shoals; (5) allocates $25,000 to the Town of High Shoals for debt service.
Adds new Sec. 15.10 to clarify that the Department of Commerce is not required to eliminate the position referenced in the section.
Adds new Sec. 12.7 to authorize the Tobacco Trust Fund Commission to use $375,000 for administrative and operating expenses.
Part V amends various sections relating to justice and public safety as follows.
Amends GS 115D-5(b)(2)j to make technical changes to the title of the Division. Specifies that the waivers apply to participants and recent graduates of the North Carolina Criminal Justice Fellows Program to obtain certifications for eligible criminal justice professions.
Adds new Sec. 5.6(a1) clarifying that federal disaster relief funds are appropriated in the amounts provided in the notification of award, and requiring all affected state agencies to report grant awards to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division.
Amends GS 18B-1003(c1) to make technical change.
Amends Sec. 18B.4.(a) to extend the number of fiscal years to which the requirements of the section apply.
Adds new Sec. 18B.7 to transfer the NC Human Trafficking Commission to the Administrative Office of the Courts and to make technical conforming changes in related statutes.
Part VI amends various sections relating to general government as follows.
Amends Sec. 26.3 to make the following changes to grants-in-aid: (1) allocate funds to the Orrum Volunteer Fire Department Inc. instead of the Proctorville Volunteer Fire Department Inc.; (2) allocates $100,000 to the City of Davidson Fire Department; and (3) allocate $100,000 to the City of Davidson Police Department.
Adds new Sec. 31.4 to clarify that the Department of Administration is not required to eliminate the position referenced in the section.
Adds new Sec. 31.5 to reallocate $1.5 million from the North Carolina Coalition Against Sexual Assault to the North Carolina Human Trafficking Commission, and authorizes the Administrative Office of the Courts to use up to 10% of this allocation for administrative expenses.
Adds Sec. 21.2 requiring the State Treasurer to transfer $2.4 million from the escheats fund for scholarships for children of veterans.
Adds new Sec. 19.4 transferring $500,000 from the North Carolina Veterans Home Trust Fund to the Veterans Leadership Council of North Carolina-Cares for the Veterans Life Center in Butner.
Part VII makes changes to various provisions relating to transportation as follows.
Amends GS 136-44.2(f1)(2)b to eliminate contingency projects from this provision. Effective June 30, 2018.
Revises the total requirements for the Public Transportation Division to $124,072,699.
Amends Sec. 34.16 to name the US 221/US 421 overpass in Watauga County as the Sgt. Dillon C. Baldridge Bridge.
Amends GS 160A-307.1 to repeal the prohibition against a city conditioning the approval of any zoning, rezoning, or permit request on waiver or reduction of any provision of that section. Makes the change effective retroactive to August 1, 2017.
Amends GS 136-189.11(d1) to clarify that State funding cannot be used for a light rail project until all necessary non-State funding has been committed.
Amends GS 136-189.10(3) to clarify that total State funding committed for a commuter rail or light rail project shall not exceed the lesser of 10% of the regional allocation or 10% of the total project costs.
Limits the amount of state funding for the Durham-Orange Light Rail Project to $190 million.
Requires the Department of Transportation to remove a project from the Transportation Improvement Program if all funds for the project are not committed by April 30, 2019, and a written agreement required by law is not provided to the Department by November 30, 2019.
Part VIII amends various sections relating to salaries and benefits as follows.
Amends GS 20-185.1 revising the reimbursement requirements for state troopers by authorizing the state to require a trooper to reimburse the state for costs associated with training if the trooper leaves state service within 36 months of completing training, and further requires a municipal, county, or company police agency that hires a trooper within 36 months of the trooper’s completion of training to reimburse the state for the trooper’s training expenses, and sets the amount of reimbursement at $36,000. Makes additional technical conforming changes, and requires the Department of Transportation to report on implementation of trooper training reimbursement agreements to the Joint Legislative Oversight Committee on Justice and Public Safety by January 1, 2021.
Amends Sec. 35.21 to make eligible for a 4% legislative salary increase case managers, correctional programs personnel, and facility maintenance and technician personnel employed by the Division of Adult Correction; appropriates $1,247,488 to fund the salary increases; and establishes minimum salary levels for correctional officers.
Adds a new Sec. 35.21A to reduce the amount of funds budgeted for implementation of the OSHR Minimum of Market Adjustment by $947,488.
Adds a new Sec. 35.19A creating an employee classification and salary administration flexibility pilot program by granting sole authority and discretion for new or vacant position classifications, hiring decisions, and salaries within the position classification rage for the 2018-19 fiscal year. Flexibility authority is granted to Council of State agencies, Office of State Controller, Community College System Office, and University of North Carolina. Agencies granted flexibility must report by March 1, 2019, to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division information prescribed in the section related to personnel actions taken under the flexibility pilot program.
Adds new Sec. 35.25A to prohibit employees of the State Highway Patrol from being denied a salary increase based on a prior infraction unless the employee received an active disciplinary action resulting in 10 or more days of unpaid suspension.
Part IX amends various sections relating to capital appropriations as follows.
Adds new Sec. 36.7 making adjustments to appropriations as follows: (1) authorizes the Department of Military and Veterans Affairs to use up to $27,223,560 of Veterans Home Trust Fund monies to match federal funds for veterans home constructions projects; (2) reallocates $300,000 of funds carried forward for the Manteo Old House Channel project to the NC Wildlife Habitat Foundation for the Oyster Highway project on the New River in Onslow County; (3) reallocates $1.9 million of funds carried forward for the Manteo Old House Channel project to fund maintenance dredging of Range 1 to 4 of the Manteo Channel; and (4) appropriates $874,053 to the Department of Military and Veterans Affairs to match federal funds for expansion and site improvements at the Sandhills and Western Carolina State Veterans Cemeteries.
Amends Sec. 36.3 to clarify that no matching funds are required for maintenance dredging Range 1 to 4 of the Manteo Channel project.
Amends Sec. 5.6(b) to appropriate $20,000 in disaster recovery funds to Transylvania County for storm debris removal in streams and rivers and reduces the allocation to housing related issues.
Amends Sec. 36.2 to make technical change to the name of the NC Museum of Natural Sciences.
Part X amends various sections relating to information technology as follows.
Amends GS 143B-1373(e) to remove the prohibition against protests based on actual current connection speed in a proposed project area.
Adds new Sec. 37.6 to reduce the funding for FirstNet by $300,000.
Amends Sec. 37.4(b) to make technical changes to the liability protections for service providers established under that section.
Amends GS 143B-1325(d) to clarify reporting requirements for various state agencies.
Part XI amends various sections relating to finance as follows.
Amends GS 160A-690(b)(1) to authorize municipalities to appropriate funds for public school capital in addition to other expenditures already authorized.
Amends GS 105-130.4(l)(3) to clarify that receipts covered under this subdivision are from intangible property and are received from sources within the state.
Part XII creates the Legislative Commission on the Fair Treatment of College Student-Athletes to study the needs of college students participating in athletic programs on behalf of institutions of the University of North Carolina. The Commission shall submit its report and recommendations to the General Assembly by March 1, 2019.
Effective July 1, 2018.
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