Bill Summary for H 97 (2015-2016)

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Summary date: 

Jun 17 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 97 (Public) Filed Monday, February 23, 2015
Intro. by Dollar, Johnson, McGrady, Lambeth.

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Bill summary

Senate amendments make the following changes to the 6th edition.

Part XXXI. Capital Appropriations

Section 31.14.(a)

Amendment #1 provides that one of the requirements that a state agency undertaking a repair and renovation project must satisfy, regardless of GS 143C-8-7 (when a state agency may begin a Capital improvement project) is the project must be one of the project types set out in GS 143C-4-3(b)(1) through (12), regardless of whether the relevant state facilities and related infrastructure are supported from the General Fund. Previously required that the project satisfy the requirements of GS 143C-4-3(b).

Part XXXII. Finance Provisions

Section 32.11

Amendment #2 amends GS 143B-437.53(a) regarding the minimum standards for eligible positions for a business applying to the Economic Investment Committee (Committee) for a grant under the Job Development Investment Grant Program (Job Development Program). Removes language from GS 143B-437.53(a) which provided that if a project is located in more than one area designation, the location with the highest area designation determines the minimum number of eligible positions that must be created. Amends the number of eligible positions for the Area Designation of Major Market Community to 200 (was, 250).

Adds a new Section 32.11.(e1), which enacts new GS 143B-437.56A in Article 10 of GS Chapter 143B. Moves language deleted from GS 143B-437.53(a), regarding a project located in more than one development tier area, to subsection (a) of new GS 143B-437.56A. Provides an exception to subsection (a) in GS 143B-437.56A(b), under which the location with the lowest development tier area designation determines the percentage of the annual grant approved for disbursement payable to the Utility Account under GS 143B-437.61, providing that the project meets certain specified criteria.

Amends GS 143B-437.56(e), regarding calculating minimum and maximum grants under the Job Development Program, to provide that a business receiving any other grant by operation of state law cannot receive an amount as a grant under this Part that when combined with any other grants is more than the applicable maximum percentage (was, more than 75%) of the withholding of the business as provided in subsections (a) and (a1) of GS 143B-437.56 unless the Committee makes an explicit finding that the additional grant is required to secure the project.

Part XXXIII. Miscellaneous Provisions

Section 33.2

Amendment #3 makes a technical correction to indicate that the date for the Senate Committee on Appropriations/Base Budget Report on the Base, Expansion and Capital Budgets for House Bill 97 is June 17, 2015 (was, June 16, 2015).

Part XXVII. Department of Administration

Section 27.3

Amendment #6 rewrites subsection (i) of GS 20-28.3 to delete changes and reinstate previously deleted language regarding the expedited sale of seized motor vehicles in certain cases.

Part XVIII. Judicial Department

Section 18A.14

Amendment #8 provides that new GS 7A-146.1, as enacted in this act, becomes effective October 1, 2015.

Part XII. Department of Health and Human Services

Section 12C.10

Amendment #11 makes multiple changes as follows.

GS 108A-25 provides that any federally recognized Native American tribe within North Carolina that assumes responsibilities for the administration of the NC Medicaid program, NC Health Choice, and the Supplemental Nutrition Assistance Program (SNAP) must execute an agreement with the state that sets out the general terms, definitions, and conditions under which the parties are to operate, including employment standards equivalent to current standards for a Merit System of Personnel Administration or any later standards prescribed by the Office of Personnel Management under section 208 of the Intergovernmental Personnel Act of 1970 for the individuals who will be responsible for the tribe's duties and responsibilities under the agreement. Amends GS 108A-25 to provide that an exemption to the prescribed personnel standards may be obtained from the federal government.

Deletes provision regarding either party's right to terminate the agreement without cause. Also deletes the provision conferring oversight authority to the Department of Health and Human Services (DHHS) for all federal protections for individuals living on federal reservations held in trust by the United States until the Administration for Children and Families (AFC) has approved the Eastern Band of Cherokee Indians to administer these programs.

Adds provision requiring DHHS to adopt funding flexibility for Indian Health Services, when possible and as allowed by the federal government, and when such flexibility furthers goals addressing health disparities among American Indians.

Amends GS 108A-87(c) to provide that nothing in this section is to be construed to prevent the Eastern Band of Cherokee Indians from providing additional non-federal matching funds to maximize their receipt of federal funds.

Amends provision regarding the appropriation of funds to the DHHS information technology budget to require that the funds be deposited to the information technology budget within 30 days of the effective day of this act.

Directs DHHS, Division of Medical Assistance, to submit the state plan amendment (SPA) and any responses to the Centers for Medicare and Medicaid Services (CMS) requests for additional information to the Eastern Band of Cherokee Indians for review prior to submission to CMS for approval.

Rewrites provision to require the DHHS to begin design, development, testing, and training of NC FAST, NCTracks, and legacy systems to allow the Eastern Band of the Cherokee Indians to assume certain administrative duties as soon as practicable but no later than approval by CMS, USDA, and ACF of the APDU (Advance Planning Document Update).

Adds new Section 12C.10.(f1) to require that DHHS, in collaboration with the Eastern Band of Cherokee Indians, draft a project plan to meet the October 1, 2016, effective date required by subsection (d) of this section. Requires DHHS to report on the project plan to the Joint Legislative Oversight Committee on Health and Human Services on or before October 1, 2015.

Section 12H.6A

Amendment #14 makes a change to Section 12H.6A, amending the date for DHHS, Division of Medical Assistance, in consultation with the Department of Public Safety, to submit a report to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division analyzing the fiscal impact of reinstating Medicaid coverage for visual aids for adults to November 1, 2015 (was, October 1, 2015).

Part XXXII. Finance Provisions

Section 32.20

Amendment #16 deletes all changes to GS 105-509 (regarding local elections on the adoption of sales and use tax to be used only for public transportation systems). Amends GS 105-511 to again include Wake County among the counties identified as those to which Part 6 of Article 43 of GS Chapter 105 applies. Deletes GS 105-511.4(c), which provided that the statute (concerning the distribution and use of the taxes) did not apply to a county remitting the proceeds of a tax levied under Part 6 to a regional public transportation authority.

Replaces the content of Section 32.20.(l) to provide that regardless of Article 14B of GS Chapter 136, no state funds may be used for light rail projects located in Wake County if Wake County authorizes levying a one-half cent local sales and use tax under Part 4 of Article 43 of GS Chapter 105 (was, identified when specified sections of this act become effective). Adds subsection (m) to Section 32.20 of this act to provide that this section is effective when this act becomes law.

Part VII. Information Technology

Section 7.17

Amendment #18 reorganizes Section 7.17, dividing provisions into subdivisions for clarity and readability. Directs the State Chief Information Officer (State CIO) in coordination with the State Controller and the Office of State Budget and Management(OSBM), to prioritize Information Technology Modernization (was, Digital Commons Information Technology Modernization funding) and other available funds as specified in this section. Adds that the State CIO is to coordinate with counties, cities, and local education agencies to facilitate the posting of their respective budgetary and spending data on their respective websites and to provide the data to the Local Government Commission (LGC). Directs the LGC to work with the State CIO to post data on the LGC's Internet website in a consistent manner that allows comparisons between the local entities providing data under subdivision (2) of subsection (a) of this section. Makes conforming changes.

Part XXX. Salaries and Benefits

Section 30.30A

Amendment #20 adds a new section that amends GS 135-151 and GS 128-38.10 to provide that no member of the Teachers' and State Employees' Retirement System or the North Carolina Local Governmental Employees' Retirement System retiring on or after August 1, 2016 (was, January 1, 2015) is eligible to participate in the Qualified Excess Benefit Arrangement (QEBA) and the system must not pay any new retiree more benefits than allowed under section 415(b) of the Internal Revenue Code.

Requires the Department of State Treasurer, before January 1, 2016, to inform all active employees whose total benefits might be affected by the sunset of the QEBA about the potential impact and explain the options for avoiding the impact.

Part VIII. Public Schools

Section 8.25

Amendment #22 amends GS 115C-12 to reinstate the report by the State Board of Education, beginning in 2016, to the Joint Legislative Education Oversight Committee on the reports that are required at the state level, the evaluation and determination for continuing individual reports, and any reports that it has consolidated or eliminated for the upcoming school year. Reduces the frequency of the report from every year to each even-numbered year.

Section 8.44

Amendment #23 adds a new section that repeals GS 115C-50, which required all members of local boards of education to have a minimum of 12 clock hours of training annually.

Part XXIV. Department of Military and Veterans Affairs

Section 24.4

Amendment #25 adds a new section, requiring $25,000 for 2015-16 and $25,000 for 2016-17 of the funds transferred to the Department of Military and Veterans Affairs as part of the transfer of central administrative and field operations staff from the Department of Administration be used to create a grant in aid program to assist veterans with activities provided through the Project Healing Waters Fly Fishing program.

Part XI. Universities

Section 11.22

Amendment #26 adds a new section reducing the funds to be allocated the UNC-CH School of Law by $3 million in recurring funds for fiscal years 2015-16 and 2016-17. Increases the funds allocated to the Mountain Area Health Education Center (MAHEC) for surgery and family medicine residencies in the MAHEC service area by $3 million in recurring funds for fiscal years 2015-16 and 2016-17. Makes conforming changes.