GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION
CHAPTER 507
PART 1. INTRODUCTION AND TITLE OF ACT
The General Assembly of North Carolina enacts:
Section 1. The appropriations made in this act are for maximum amounts necessary to provide the services and accomplish the purposes described in the budget. Savings shall be effected where the total amounts appropriated are not required to perform these services and accomplish these purposes and, except as allowed by the Executive Budget Act, or this act, the savings shall revert to the appropriate fund at the end of each fiscal year.
Sec. 1.1. This act shall be known and cited as "The Expansion and Capital Improvements Appropriations Act of 1995".
PART 2. EXPANSION - RECURRING/GENERAL FUND
Sec. 2. Appropriations of recurring funds from the General Fund of the State for the expansion of the State departments, institutions, and agencies, and for other purposes as enumerated are made for the biennium ending June 30, 1997, according to the schedule that follows.
Expansion - Recurring - General Fund 1995-96 1996-97
Judicial $2,854,907 $3,170,506
Office of the Governor 138,608 183,383
Department of Secretary of State 201,537 201,537
Department of State Treasurer 4,448,000 4,448,000
Department of Public Education 4,863,448 32,178,818
University of North Carolina -
Board of Governors
Institutional Programs 144,000 487,646
Department of Justice 594,005 698,711
Department of Administration 348,704 348,704
Department of Insurance 485,000 1,985,000
Department of Labor 36,000 39,348
Department of Commerce 267,041 267,041
Department of Environment, Health,
and Natural Resources 3,299,750 3,259,750
Department of Human Resources
Division of Aging 515,000 515,000
Office of the Secretary 400,000 400,000
Division of Social Services 942,067 853,199
Division of Services for the Blind 425,000 425,000
Division of Mental Health,
Developmental Disabilities,
and Substance Abuse Services 13,000,000 18,182,213
Division of Vocational Rehab 1,135,000 1,135,000
Division of Youth Services 991,371 1,610,541
Division for Services for Deaf
and Hard of Hearing 500,000 1,500,000
Division of Child Development 290,124 310,243
Total Department of Human Resources $18,198,562 $24,931,196
Department of Correction 7,615,200 45,235,450
Department of Revenue 3,265,811 3,040,615
Department of State Auditor 103,271 103,271
Department of Cultural Resources 740,673 887,257
Department of Crime Control
and Public Safety 200,542 199,872
Office of State Controller 1,474,842 1,593,851
Board of Elections 1,000 1,000
Debt Service 15,031,552 24,369,052
Reserve for Salary Adjustments 800,000 800,000
Reserve for Compensation Increase 99,336,570 99,336,570
Department of Community Colleges 11,031,685 11,031,685
Reserve for Child Support Legislation 170,000 170,000
Reserve for Administrative Rules Process 167,000 167,000
GRAND TOTAL CURRENT OPERATIONS
GENERAL FUND RECURRING $175,817,708 $259,135,263
PART 3. EXPANSION - NONRECURRING/GENERAL FUND
EXPANSION - NONRECURRING/GENERAL FUND
Sec. 3. Appropriations of nonrecurring funds from the General Fund of the State for the expansion of the State departments, institutions, and agencies, and for other purposes as enumerated are made for the biennium ending June 30, 1997, according to the schedule that follows. Amounts set out in brackets are reductions from General Fund appropriations for the 1995-96 and 1996-97 fiscal years.
Expansion - Nonrecurring-- General Fund 1995-96 1996-97
Judicial $2,722,228 $298,062
General Assembly 285,000 –
Office of the Governor 559,571 1,000,000
Office of State Budget and Management 75,000 –
Department of Public Education 32,526,146 –
Department of Secretary of State 10,700 –
Reserve for Administrative Rules Process 167,000 167,000
University of North Carolina -
Board of Governors
Institutional Programs 1,678,646 500,000
Department of Justice 389,380 295,294
Department of Administration 216,735 –
Department of Insurance 515,000 –
Department of Agriculture 200,000 –
Department of Commerce 6,650,000 1,250,000
Rural Economic Dev. Center 3,800,000 –
MCNC (1,000,000) –
Department of Environment, Health, and
Natural Resources 3,926,190 500,000
Department of Human Resources
Division of Aging 100,000 –
Division of Child Development 950,000 100,000
Office of the Secretary 2,000,000 –
Division of Social Services 300,000 –
Division of Mental Health,
Developmental Disabilities,
and Substance Abuse Services 400,000 –
Total Department of Human Resources $3,750,000 100,000
Department of Correction 2,833,456 561,971
Department of Revenue 8,040,412 116,600
Department of Cultural Resources 10,371,326 –
Department of Crime Control
and Public Safety 754,932 125,000
Office of State Controller 6,490,457 –
State Board of Elections 575,000 3,500,000
Department of State Auditor 12,800 –
Department of Community Colleges 15,551,317 –
Reserve for Child Support Legislation 399,300 –
Reserve for Compensation Increase 3,521,609 –
Reserve for Administrative Rules
Process 40,000 –
GRAND TOTAL - CURRENT OPERATIONS-
GENERAL FUND NONRECURRING $104,895,205 $8,246,927
PART 4A. EXPANSION/CAPITAL/HIGHWAY FUND
Sec. 4A. Appropriations of funds from the Highway Fund of the State for the expansion of the Department of Transportation are made for the biennium ending June 30, 1997, and for capital improvements for the 1995-96 fiscal year, according to the following schedule.
1995-96 1996-97
A. EXPANSION PROJECTS
1. DOT Administration $7,886,537 $8,136,463
2. Division of Highways
a. Administration and
Operations 102,849 102,849
b. State Construction
01. Small Urban Construction 3,000,000 3,000,000
c. State Maintenance
01. Urban System 2,420,000 5,420,000
02. Contract Resurfacing 2,703,108 5,000,000
03. Primary 2,000,000 2,346,171
3. Division of Motor Vehicles 5,429,206 4,564,504
4. State Aid for Public
Transportation 5,800,000 5,800,000
5. Reserve for Asphalt Plant
Cleanup 1,000,000 1,000,000
6. Reserve for Pay Increase 7,914,055 7,914,055
7. Reserve for PCB Cleanup 1,000,000 –
Appropriations to Other State
Agencies
a. General Assembly 200,000 –
b. Crime Control and
Public Safety 1,662,525 1,035,175
Total $41,118,280 $44,319,217
B. CAPITAL IMPROVEMENTS PROJECTS
1. Roof Replacements Statewide $432,900
2. HVAC Replacements Statewide -
DMV 123,800
3. Safety Upgrades Statewide - DMV 123,800
4. Fire Alarm Renovations
Materials and Test Lab,
Raleigh, NC 72,800
5. Parking Lot Repairs Statewide -
DMV 133,700
6. Roadside Environmental Warehouse
Sylva, NC 463,000
7. District Engineer's Office
Marion, NC 590,000
8. DMV/SHP Supplemental Funding
Durham, NC 69,890
9. DMV/SHP Supplemental Funding
Salisbury, NC 110,000
10. Equipment Shop
Washington, NC 916,000
11. Equipment Shop
Wentworth, NC 911,000
12. Equipment Shop
Kinston, NC 916,000
13. Equipment Shop
Meadows, NC 913,000
14. Materials and Test Lab
Asheville, NC 389,000
15. DMV/SHP Addition and Renovation
Morganton, NC 272,700
16. Exterior Renovation, Transportation
Building, Raleigh, NC 169,900
17. Building and Land Purchase
Williamston, NC 368,000
18. Electrical Upgrades Transportation
Building, Raleigh, NC 1,922,100
Total $8,897,590
Fuel Tank Replacement - State Highway Patrol
Provides funds for replacement of fuel
tanks at 15 sites @ $32,000 per site and
$20,000 for testing equipment. $500,000.
PART 4B. BUDGET AVAILABILITY STATEMENT REVISED
Requested by: Representatives Holmes, Creech, Esposito, Senators Plyler, Perdue, Odom
AVAILABILITY
Sec. 4B. Section 5 of Chapter 324 of the 1995 Session Laws reads as rewritten:
"Sec. 5. The General Fund and availability used in developing the 1995-97 budget is as shown below:
(1) Composition of the 1995-97 beginning availability:
a. Revenue collections in 1994-95 in ($ Million)
excess of authorized estimates $192.00
b. Unexpended appropriations
during 1994-95 (reversions) 162.40
c. Balance brought forward 33.40
Subtotal 387.80
d. Transfer to Savings Reserve 96.90
e. Transfer to Reserve
for Repair and
Renovations 125.00
Ending Fund Balance $ 165.9
($ Million) ($ Million)
1995-96 1996-97
(2) Beginning Unrestricted
Fund Balance $ 165.9 $-
(3) Revenues Based on Existing Tax
Structure 10,019.6 10,658.1
(4) 94-95 Reserve for Tax
Reductions 28.1 -
Changes:
1. Tax Changes
(a) Personal Income -235.0 -244.1
(b) Intangibles Repeal -124.4 -124.5
(c) H 396 (C495) Ports Tax Credit -.7 -.7
H 55 (C477) Aquaculture Sales Tax
Exemption -.1 -.1
H 759 (C472) Nonprofit Home Sales
Tax Refunds -1.4 -1.4
H 223 (C474) Soft Drink Tax - -9.6
H 360 (C451) RR Diesel Sales Tax
Exemption -1.2 -1.5
H 718 (C456) State Parks Trust Fund - -18.0
Total Tax Changes -362.8 -399.9
2. Local Sales Tax -
Local Government Commission 1.5 1.5
3. Insurance Regulatory Charges 3.7
3.7
4.7 4.2
4. Treasurer's Banking Fees -.7 -.7
5. Disproportionate Share
Receipts 106.9 117.7
6. Investment Income Electronic
Fund Transfers 2.0 2.0
Availability $9,967.6 $10,413.7
$9,965.2 $10,382.9"
PART 6. GENERAL PROVISIONS
Requested by: Representatives Holmes, Creech, Esposito, Senators Plyler, Perdue, Odom
BUDGETING OF PILOT PROGRAMS
Sec. 6. (a) Any program designated by the General Assembly as experimental, model, or pilot shall be shown as a separate budget item and shall be considered as an expansion item until a succeeding General Assembly reapproves it.
Any new program funded in whole or in part through a special appropriations bill shall be designated as an experimental, model, or pilot program.
(b) The Governor shall submit to the General Assembly with his proposed budget a report of which items in the proposed budget are subject to the provisions of this section.
Requested by: Senators Plyler, Perdue, Odom
AUTHORIZATION OF PRIVATE LICENSE TAGS ON STATE-OWNED MOTOR VEHICLE
Sec. 6.1. (a) Pursuant to the provisions of G.S. 14-250, for the 1995-97 fiscal biennium, the General Assembly authorizes the use of private license tags on State-owned motor vehicles only for the State Highway Patrol and for the following:
Department Exemption Category Number
Motor Vehicles License and Theft 97
Justice SBI Agents 277
Correction Probation/Parole Surveillance
Officers (intensive
probation) 25
Crime Control and
Public Safety ALE Officers 92
Revenue 3
Capital Area
Police 2
(b) The 92 ALE vehicles authorized by this section to use private license tags shall be distributed as follows:
(1) 54 among Agent I officers;
(2) 20 among Agent II officers;
(3) 1 to the Deputy Director;
(4) 12 to the District Offices/Extra Vehicles; and
(5) 5 to the Director, to be distributed at the Director's discretion.
(c) Except as provided in this section, all State-owned motor vehicles shall bear permanent registration plates issued under G.S. 20-84.
Requested by: Senators Plyler, Perdue, Odom
AUTHORIZATION OF PRIVATE LICENSE TAGS ON STATE-OWNED MOTOR VEHICLE
Sec. 6.2. (a) G.S 18B-500(f) is repealed.
(b) G.S. 20-39(h) reads as rewritten:
"(h) The Commissioner, notwithstanding any other
provision of this Chapter, may lawfully and to the extent necessary, provide
local, State or federal law-enforcement officers on special undercover
assignments with motor vehicle drivers licenses and motor vehicle registration
plates under assumed names using false or fictitious addresses. Such
registration plates shall only be used on publicly owned or leased vehicles.
Requests for these licenses and registration plates shall be made to the
Commissioner by the head of the local, State or federal law-enforcement agency
and be accompanied by approval in writing from the Director of the State Bureau
of Investigation upon a specific finding by the Director that the request is
justified and necessary. The Director shall keep a record of all such
licenses, registration plates, assumed names, false or fictitious addresses,
and law-enforcement officers using the licenses or registration plates, and
shall request the immediate return of any license or registration plate that is
no longer necessary. Licenses and registration plates provided under this
subsection shall expire six months after initial issuance or subsequent
validation after the request for extension has been approved in writing by the
Director of the State Bureau of Investigation. The head of the local, State or
federal law-enforcement agency shall be responsible for the use of the licenses
and registration plates and shall return them immediately to the Commissioner
for cancellation upon either (i) their expiration, (ii) request of the Director
of the State Bureau of Investigation, or (iii) request of the Commissioner.
Failure to return a license or registration plates issued pursuant to this
subsection shall be punished as a Class 2 misdemeanor. At no time shall the
number of valid licenses and registration plates issued under this act exceed one
hundred, fifty, and those issued shall be strictly monitored by the
Director. All of the private registration plates issued to special agents of
the State Bureau of Investigation under the Department of Justice and to
alcohol law enforcement agents under the Department of Crime Control and Public
Safety, pursuant to G.S. 14-250, may be fictitious plates and shall not be
counted in the total number of fictitious plates authorized by this
subsection."
(c) G.S. 114-17.1 is repealed.
Requested by: Senators Plyler, Perdue, Odom
DELETE DUPLICATIVE REPORT ON OVEREXPENDITURES OF FUNDS
Sec. 6.3. G.S. 143-23(a1) reads as rewritten:
"(a1) No transfers may be made between objects or line items in the budget of any department, institution, or other spending agency; however, with the approval of the Director of the Budget, a department, institution, or other spending agency may spend more than was appropriated for an object or line item if the overexpenditure is:
(1) In a purpose or program for which funds were appropriated for that fiscal period and the total amount spent for the purpose or program is no more than was appropriated for the purpose or program for the fiscal period;
(2) Required to continue a purpose or program because of unforeseen events, so long as the scope of the purpose or program is not increased;
(3) Required by a court, Industrial Commission, or administrative hearing officer's order or award or to match unanticipated federal funds;
(4) Required to respond to an unanticipated disaster such as a fire, hurricane, or tornado; or
(5) Required to call out the National Guard.
If the total of all
overexpenditures of a line item approved by the Director of the Budget for a
fiscal year for the purposes set out in subdivisions (1) and (2) of this
subsection exceeds ten percent (10%) of the line item amount in the budget
enacted by the General Assembly, the Director of the Budget shall report
monthly to the Joint Legislative Commission on Governmental Operations. The
report shall include the reasons that make overexpenditures necessary and any
unforeseen events necessitating overexpenditures that occurred after the budget
was enacted by the General Assembly.
The Director of the Budget shall report on a quarterly basis to the Joint Legislative Commission on Governmental Operations, the Fiscal Research Division of the Legislative Services Office, and the State Auditor the reason if the amount expended for a purpose or program is more than the amount appropriated for it from all sources. If the overexpenditure was authorized under subdivision (2) of this subsection, the Director of the Budget shall identify in the report the unforeseen event that required the overexpenditure."
Requested by: Senators Plyler, Perdue, Odom, Representatives Holmes, Creech, Esposito
NO EXPANSION OF PERFORMANCE BUDGETING
Sec. 6.5. Notwithstanding any other provision of law, no funds from any source shall be used to expand the areas covered by the performance budget format or any other aspect of performance budgeting for the 1996-97 or subsequent fiscal years until such expansion is specifically authorized by the General Assembly.
Requested by: Senators Plyler, Perdue, Odom, Representatives Holmes, Creech, Esposito
RESERVE FOR THE ADMINISTRATIVE RULES PROCESS
Sec. 6.6. Funds in the amount of two hundred seven thousand dollars ($207,000) for the 1995-96 fiscal year and one hundred sixty-seven thousand dollars ($167,000) for the 1996-97 fiscal year are appropriated in this act to the Office of State Budget and Management, Reserve for the Administrative Rules Process. The Director of the Budget shall allocate funds from this reserve to the Office of State Budget and Management, the Office of Administrative Hearings, and other agencies, as necessary to implement the provisions of Section 27.8 of this act.
PART 7. SALARIES AND BENEFITS
Requested by: Representatives Holmes, Creech, Esposito, Senators Plyler, Perdue, Odom
GOVERNOR/COUNCIL OF STATE/SALARY INCREASES
Sec. 7.1. (a) G.S. 147-11(a) reads as rewritten:
"(a) The salary of the Governor shall be ninety-seven
thousand six hundred dollars ($97,600) ninety-eight thousand five
hundred seventy-six dollars ($98,576) annually, payable monthly."
(b) The annual salaries for the members of the Council of State, payable monthly, for the 1995-96 and 1996-97 fiscal years are:
Council of State Annual Salary
Lieutenant Governor $87,000
Attorney General 87,000
Secretary of State 87,000
State Treasurer 87,000
State Auditor 87,000
Superintendent of Public Instruction 87,000
Agriculture Commissioner 87,000
Insurance Commissioner 87,000
Labor Commissioner 87,000
Requested by: Representatives Holmes, Creech, Esposito, Senators Plyler, Perdue, Odom
NONELECTED DEPARTMENT HEAD/SALARY INCREASES
Sec. 7.2. In accordance with G.S. 143B-9, the maximum annual salaries, payable monthly, for the nonelected heads of the principal State departments for the 1995-96 and 1996-97 fiscal years are:
Nonelected Department Heads Annual Salary
Secretary of Administration $85,000
Secretary of Correction 85,000
Secretary of Cultural Resources 85,000
Secretary of Commerce 85,000
Secretary of Environment, Health, and Natural Resources 85,000
Secretary of Human Resources 85,000
Secretary of Revenue 85,000
Secretary of Transportation 85,000
Secretary of Crime Control and Public Safety 85,000
Requested by: Representatives Holmes, Creech, Esposito, Senators Plyler, Perdue, Odom
CERTAIN EXECUTIVE BRANCH OFFICIALS/SALARY INCREASES
Sec. 7.3. The annual salaries, payable monthly, for the 1995-96 and 1996-97 fiscal years for the following executive branch officials are:
Executive Branch Officials Annual Salary
Chairman, Alcoholic Beverage Control Commission $ 77,365
State Controller 108,271
Commissioner of Motor Vehicles 77,365
Commissioner of Banks 77,365
Chairman, Employment Security Commission 77,365
State Personnel Director 85,000
Chairman, Parole Commission 70,643
Members of the Parole Commission 65,220
Chairman, Industrial Commission 69,510
Members of the Industrial Commission 67,817
Chairman of the Utilities Commission 81,381
Commissioner of the Utilities Commission 80,381
Executive Director, Agency for Public Telecommunications 65,220
General Manager, Ports Railway Commission 58,893
Director, Museum of Art 79,274
Executive Director, Wildlife Resources Commission 66,773
Executive Director, North Carolina Housing Finance Agency 95,746
Executive Director, North Carolina Agricultural Finance Authority 75,302
Director, Office of Administrative Hearings 76,500
Requested by: Representatives Holmes, Creech, Esposito, Senators Plyler, Perdue, Odom
JUDICIAL BRANCH OFFICIALS/SALARY INCREASE
Sec. 7.4. (a) The annual salaries, payable monthly, for specified judicial branch officials for the 1995-96 and 1996-97 fiscal years are:
Judicial Branch Officials Annual Salary
Chief Justice, Supreme Court $98,576
Associate Justice, Supreme Court 96,000
Chief Judge, Court of Appeals 93,600
Judge, Court of Appeals 92,000
Judge, Senior Regular Resident Superior Court 89,500
Judge, Superior Court 87,000
Chief Judge, District Court 79,000
Judge, District Court 76,500
District Attorney 80,600
Administrative Officer of the Courts 89,500
Assistant Administrative Officer of the Courts 75,160
Public Defender 80,600
(b) The district attorney or public defender of a judicial district, with the approval of the Administrative Officer of the Courts, shall set the salaries of assistant district attorneys or assistant public defenders, respectively, in that district such that the average salaries of assistant district attorneys or assistant public defenders in that district do not exceed forty-nine thousand five hundred eighty dollars ($49,580), and the minimum salary of any assistant district attorney or assistant public defender is at least twenty-five thousand three hundred twelve dollars ($25,312) effective July 1, 1995.
(c) The salaries in effect for the 1994-95 fiscal year for permanent, full-time employees of the Judicial Department, except for those whose salaries are itemized in this Part, shall be increased by two percent (2%), commencing July 1, 1995.
(d) The salaries in effect for the 1994-95 fiscal year for all permanent, part-time employees of the Judicial Department shall be increased on and after July 1, 1995, by pro rata amounts of the two percent (2%).
Requested by: Senators Rand, Plyler, Perdue, Odom, Representatives Holmes, Creech, Esposito
REDEFINE SERVICE FOR PURPOSES OF LONGEVITY PAY FOR ASSISTANT DISTRICT ATTORNEYS
Sec. 7.4A. G.S. 7A-65(d) reads as rewritten:
"(d) In lieu of merit and other increment raises
paid to regular State employees, an assistant district attorney shall receive
as longevity pay an amount equal to four and eight-tenths percent (4.8%) of the
annual salary set forth in the Current Operations Appropriations Act payable
monthly after five years of service, nine and six-tenths percent (9.6%) after
10 years of service, and fourteen and four-tenths percent (14.4%) after 15
years of service. 'Service' means service as an assistant district attorney.
attorney or as a district attorney."
Requested by: Representatives Holmes, Creech, Esposito, Senators Plyler, Perdue, Odom
ASSISTANT AND DEPUTY CLERKS OF COURT/SALARY INCREASE
Sec. 7.6. (a) G.S. 7A-102(c1) reads as rewritten:
"(c1) A full-time assistant clerk or a full-time deputy clerk, and up to one full-time deputy clerk serving as head bookkeeper per county, shall be paid an annual salary subject to the following minimum and maximum rates:
Assistant Clerks and Head Bookkeeper Annual Salary
Minimum $21,126
$21,549
Maximum 37,406
38,154
Deputy Clerks Annual Salary
Minimum $16,891 $17,229
Maximum 28,813
29,389."
(b) G.S. 7A-102(c) reads as rewritten:
"(c) Notwithstanding the provisions of subsection
(a), the Administrative Officer of the Courts shall establish an incremental
salary plan for assistant clerks and for deputy clerks based on a series of
salary steps corresponding to the steps contained in the Salary Plan for State
Employees adopted by the Office of State Personnel, subject to a minimum and a
maximum annual salary as set forth below. On and after July 1, 1985, each assistant
clerk and each deputy clerk shall be eligible for an annual step increase in
his salary plan based on satisfactory job performance as determined by each
clerk. Notwithstanding the foregoing, if an assistant or deputy clerk's years
of service in the office of superior court clerk would warrant an annual salary
greater than the salary first established under this section, that assistant or
deputy clerk shall be eligible on and after July 1, 1984, for an annual step
increase in his salary plan. Furthermore, on and after July 1, 1985, that
assistant or deputy clerk shall be eligible for an increase of two steps in his
salary plan, and shall remain eligible for a two-step increase each year as
recommended by each clerk until that assistant or deputy clerk's annual salary
corresponds to his number of years of service. Any person covered by this
subsection who would not receive a step increase in fiscal year 1994-95 1995-96
because that person is at the top of the salary range as it existed for
fiscal year 1993-94 1994-95 shall receive a salary increase to
the maximum annual salary provided by subsection (c1) of this section."
Requested by: Representatives Holmes, Creech, Esposito, Senators Plyler, Perdue, Odom
MAGISTRATES' PAY PLAN
Sec. 7.7. (a) G.S. 7A-171.1(a)(1) reads as rewritten:
"(1) A full-time magistrate shall be paid the annual salary indicated in the table set out in this subdivision. A full-time magistrate is a magistrate who is assigned to work an average of not less than 40 hours a week during the term of office. The Administrative Officer of the Courts shall designate whether a magistrate is full-time. Initial appointment shall be at the entry rate. A magistrate's salary shall increase to the next step every two years on the anniversary of the date the magistrate was originally appointed for increases to Steps 1 through 3, and every four years on the anniversary of the date the magistrate was originally appointed for increases to Steps 4 through 6.
Table of Salaries of Full-Time Magistrates
Step Level Annual Salary
Entry Rate $22,958 $23,417
Step 1 25,262 25,767
Step 2 27,770 28,325
Step 3 30,506 31,116
Step 4 33,503 34,173
Step 5 36,797 37,533
Step 6 40,420 41,228."
(b) G.S. 7A-171.1(a1)(1) reads as rewritten:
"(1) The salaries of magistrates who on June 30, 1994, were paid at a salary level of less than five years of service under the table in effect that date shall be as follows:
Less than 1 year of service $
18,095 18,457
1 or more but less than 3 years of service 19,025
19,406
3 or more but less than 5 years of service 20,896
21,314.
Upon completion of five years of service, those magistrates shall receive the salary set as the Entry Rate in the table in subsection (a)."
Requested by: Representatives Holmes, Creech, Esposito, Senators Plyler, Perdue, Odom
GENERAL ASSEMBLY
Sec. 7.8. G.S. 120-3(b) reads as rewritten:
"(b) Every other member of the General Assembly
shall receive increases in annual salary only to the extent of and in the
amounts equal to the average increases received by employees of the State,
effective upon convening of the next Regular Session of the General Assembly
after enactment of these increased amounts. amounts, except no such
increase is granted upon the convening of the 1997 Regular Session of the
General Assembly. Accordingly, upon convening of the 1995 1997 Regular
Session of the General Assembly, every other member of the General Assembly
shall be paid an annual salary of thirteen thousand nine hundred fifty-one
dollars ($13,951) payable monthly, and an expense allowance of five hundred
fifty-nine dollars ($559.00) per month."
Requested by: Representatives Holmes, Creech, Esposito, Senators Plyler, Perdue, Odom
GENERAL ASSEMBLY PRINCIPAL CLERKS/SALARY INCREASES
Sec. 7.9. G.S. 120-37(c) reads as rewritten:
"(c) The principal clerks shall be full-time
officers. Each principal clerk shall be entitled to other benefits available
to permanent legislative employees and shall be paid an annual salary of fifty-four
thousand dollars ($54,000) fifty-five thousand eighty dollars ($55,080) payable
monthly. The Legislative Services Commission shall review the salary of the
principal clerks prior to submission of the proposed operating budget of the
General Assembly to the Governor and Advisory Budget Commission and shall make
appropriate recommendations for changes in those salaries. Any changes enacted
by the General Assembly shall be by amendment to this paragraph."
Requested by: Representatives Holmes, Creech, Esposito, Senators Plyler, Perdue, Odom
SERGEANT-AT-ARMS AND READING CLERKS/SALARY INCREASES
Sec. 7.10. G.S. 120-37(b) reads as rewritten:
"(b) The sergeant-at-arms and the reading clerk in
each house shall be paid a salary of two hundred thirty-two dollars
($232.00) two hundred thirty-seven dollars ($237.00) per week, plus
subsistence at the same daily rate provided for members of the General
Assembly, plus mileage at the rate provided for members of the General Assembly
for one round trip only from their homes to Raleigh and return. The
sergeants-at-arms shall serve during sessions of the General Assembly and at
such time prior to the convening of, and subsequent to adjournment or recess
of, sessions as may be authorized by the Legislative Services Commission. The
reading clerks shall serve during sessions only."
Requested by: Representatives Holmes, Creech, Esposito, Senators Plyler, Perdue, Odom
LEGISLATIVE EMPLOYEES/SALARY INCREASES
Sec. 7.11. The Legislative Administrative Officer shall increase the salaries of nonelected employees of the General Assembly in effect for fiscal year 1994-95 by two percent (2%). Nothing in this act limits any of the provisions of G.S. 120-32.
Requested by: Representatives Holmes, Creech, Esposito, Senators Plyler, Perdue, Odom
COMMUNITY COLLEGES PERSONNEL/SALARY INCREASES
Sec. 7.12. The Director of the Budget shall transfer from the Reserve for Salary Increases created in this act for fiscal year 1995-96 funds to the Department of Community Colleges necessary to provide an average annual salary increase of two percent (2%), including funds for the employer's retirement and social security contributions, commencing July 1, 1995, for all permanent full-time community college institutional personnel supported by State funds. The State Board of Community Colleges shall establish guidelines for providing their salary increases to community college institutional personnel. Salary funds shall be used to provide an average annual salary increase of two percent (2%) to all full-time employees and part-time employees on a pro rata basis.
Requested by: Representatives Holmes, Creech, Esposito, Senators Plyler, Perdue, Odom
UNIVERSITY OF NORTH CAROLINA SYSTEM - EPA SALARY INCREASES
Sec. 7.13. The Director of the Budget shall transfer to the Board of Governors of The University of North Carolina sufficient funds from the Reserve for Salary Increases created in this act for fiscal year 1995-96 to provide an annual average salary increase of two percent (2%), including funds for the employer's retirement and social security contributions, commencing July 1, 1995, for all employees of The University of North Carolina, as well as employees other than teachers of the North Carolina School of Science and Mathematics, supported by State funds and whose salaries are exempt from the State Personnel Act (EPA). These funds shall be allocated to individuals according to the rules adopted by the Board of Governors, or the Board of Trustees of the North Carolina School of Science and Mathematics, as appropriate, and may not be used for any purpose other than for salary increases and necessary employer contributions provided by this section.
Requested by: Senators Plyler, Perdue, Odom, Representatives Holmes, Creech, Esposito
MOST STATE EMPLOYEES/SALARY INCREASES/1995-96
Sec. 7.14. (a) The salaries in effect June 30, 1995, of all permanent full-time State employees whose salaries are set in accordance with the State Personnel Act, and who are paid from the General Fund or the Highway Fund shall be increased, on or after July 1, 1995, unless otherwise provided by this act, by two percent (2%).
(b) Except as otherwise provided in this act, salaries in effect June 30, 1995, for permanent full-time State officials and persons in exempt positions that are recommended by the Governor or the Governor and the Advisory Budget Commission and set by the General Assembly shall be increased by two percent (2%), commencing July 1, 1995.
(c) The salaries in effect June 30, 1995, for all permanent part-time State employees shall be increased on and after July 1, 1995, by pro rata amounts of the salary increases provided for permanent full-time employees covered under subsection (a) of this section.
(d) The Director of the Budget may allocate out of special operating funds or from other sources of the employing agency, except tax revenues, sufficient funds to allow a salary increase on and after July 1, 1995, in accordance with subsections (a), (b), or (c) of this section, including funds for the employer's retirement and social security contributions, of the permanent full-time and part-time employees of the agency.
(e) Within regular Executive Budget Act procedures as limited by this act, all State agencies and departments may increase on an equitable basis the rate of pay of temporary and permanent hourly State employees, subject to availability of funds in the particular agency or department, by pro rata amounts salary increase provided for permanent full-time employees covered by the provisions of subsection (a) of this section, commencing July 1, 1995.
(f) No person may receive a salary increase under G.S. 126-7 during the 1995-96 fiscal year, and no State employee or officer shall receive a merit increment during the 1995-96 and 1996-97 fiscal years except as otherwise provided by this act.
Requested by: Senators Plyler, Perdue, Odom, Representatives Holmes, Creech, Esposito
ALL STATE-SUPPORTED PERSONNEL/SALARY INCREASES
Sec. 7.15. (a) Salaries and related benefits for positions that are funded partially from the General Fund or Highway Fund and partially from sources other than the General Fund or Highway Fund shall be increased from the General Fund or Highway Fund appropriation only to the extent of the proportionate part of the salaries paid from the General Fund or Highway Fund.
(b) The granting of the salary increases under this act does not affect the status of eligibility for salary increments for which employees may be eligible unless otherwise required by this act.
(c) The salary increases provided in this Part are to be effective July 1, 1995, do not apply to persons separated from State service due to resignation, dismissal, reduction in force, death, or retirement, whose last workday is prior to July 1, 1995, or to employees involved in final written disciplinary procedures. The employee shall receive the increase on a current basis when the final written disciplinary procedure is resolved.
Payroll checks issued to employees after July 1, 1995, which represent payment of services provided prior to July 1, 1995, shall not be eligible for salary increases provided for in this act. This subsection shall apply to all employees, subject to or exempt from the State Personnel Act, paid from State funds, including public schools, community colleges, and The University of North Carolina.
(d) The Director of the Budget shall transfer from the Reserve for Salary Increases in this act for fiscal year 1995-96 all funds necessary for the salary increases provided by this act, including funds for the employer's retirement and social security contributions.
(e) The Director of the Budget shall allocate funds from the Reserve for Salary Adjustments provided in Section 2 of Chapter 324 of the 1995 Session Laws to the Department of Environment, Health, and Natural Resources to implement, effective July 1, 1995, the salary range revision approved for dental hygienists in October 1993. This revision is in addition to any other salary increment provided for those dental hygienists in this act.
(f) Nothing in this act authorizes the transfer of funds between the General Fund and the Highway Fund for salary increases.
Requested by: Senators Plyler, Perdue, Odom, Representatives Holmes, Creech, Esposito
LAW ENFORCEMENT SALARIES EQUALIZED
Sec. 7.15A. The Office of State Personnel shall adjust the salaries of law enforcement positions in Marine Fisheries and Wildlife Resources so that the average salaries of these employees are the same as the average salaries of members of the Highway Patrol in the same salary grade. Within each salary grade, each position shall receive the same percentage increase, except that no salary shall be increased above the top of the range.
Requested by: Senators Plyler, Perdue, Odom, Representatives Holmes, Creech, Esposito
TEMPORARY SALES TAX TRANSFER FOR WILDLIFE RESOURCES COMMISSION SALARY INCREASES
Sec. 7.15B. For the 1995-96 and 1996-97 fiscal years, the Secretary of Revenue shall transfer at the end of each quarter from the State sales and use tax net collections received by the Department of Revenue under Article 5 of Chapter 105 of the General Statutes to the State Treasurer for the Wildlife Resources Fund the cost of any legislative salary increase for employees of the Wildlife Resources Commission.
Requested by: Representatives Holmes, Creech, Esposito, Senators Plyler, Perdue, Odom
CERTAIN PUBLIC SCHOOL EMPLOYEES' SALARY INCREASE
Sec. 7.16. (a) Superintendents, Assistant Superintendents, Associate Superintendents, Supervisors, Directors/Coordinators, and Finance Officers. – The Director of the Budget may transfer from the Reserve for Salary Increases created in this act for fiscal year 1995-96 funds necessary to provide a salary increase of two percent (2%), including funds for the employer's retirement and social security contributions, commencing July 1, 1995, for all superintendents, assistant superintendents, associate superintendents, supervisors, directors, coordinators, evaluators, and program administrators whose salaries are supported from the State's General Fund. These funds may not be used for any purpose other than for the salary increase and necessary employer contributions provided by this subsection.
(b) Noncertified Employees. – The Director of the Budget may transfer from the Reserve for Salary Increases created in this act for fiscal year 1995-96 funds necessary to provide a salary increase of two percent (2%), including funds for the employer's retirement and social security contributions, commencing July 1, 1995, for all noncertified public school employees, except school bus drivers, whose salaries are supported from the State's General Fund. These funds may not be used for any purpose other than for the salary increases and necessary employer contributions provided by this subsection.
(c) The fiscal year 1994-95 pay rates adopted by local boards of education for school bus drivers shall be increased by at least two percent (2%) on and after July 1, 1995, to the extent that such rates of pay are supported by the allocation of State funds from the State Board of Education. Local boards of education shall increase the rates of pay for all school bus drivers who were employed during fiscal year 1994-95 and who continue their employment for fiscal year 1995-96 by at least two percent (2%) on and after July 1, 1995. The Director of the Budget may transfer from the salary increase reserve fund created in this act for fiscal year 1995-96 funds necessary to provide the salary increases for school bus drivers whose salaries are supported from the State's General Fund in accordance with the provisions of this subsection.
Requested by: Representatives Preston, Grady, Senators Plyler, Perdue, Odom
SCHOOL CENTRAL OFFICE SALARIES
Sec. 7.17. (a) The following monthly salary ranges apply to public school superintendents, assistant superintendents, associate superintendents, directors/coordinators, supervisors, and finance officers for the 1995-96 fiscal year:
(1) School Administrator I: $2,697 - $4,338
(2) School Administrator II: $2,862 - $4,604
(3) School Administrator III: $3,037 - $4,886
(4) School Administrator IV: $3,160 - $5,084
(5) School Administrator V: $3,287 - $5,290
(6) School Administrator VI: $3,488 - $5,614
(7) School Administrator VII: $3,629 - $5,841
The local board of education shall determine the appropriate category and placement for each assistant superintendent, associate superintendent, director/coordinator, supervisor, or finance officer, within the salary ranges and within funds appropriated by the General Assembly for central office administrators and superintendents. The category in which an employee is placed shall be included in the contract of any employee hired on or after July 1, 1995.
(b) The following monthly salary ranges apply to public school superintendents for the 1995-96 fiscal year:
(1) Superintendent I (Up to 2,500 ADM): $3,852 - $6,199
(2) Superintendent II (2,501 - 5,000 ADM): $4,088 - $6,578
(3) Superintendent III (5,001 - 10,000 ADM): $4,338 - $6,981
(4) Superintendent IV (10,001 - 25,000 ADM): $4,604 - $7,408
(5) Superintendent V (Over 25,000 ADM): $4,886 - $7,861
The local board of education shall determine the appropriate category and placement for the superintendent based on the average daily membership of the local school administrative unit and within funds appropriated by the General Assembly for central office administrators and superintendents.
Notwithstanding the provisions of this subsection, a local board of education may pay an amount in excess of the applicable range to a superintendent who is entitled to receive the higher amount under Section 7.19(f) of this act.
(c) Longevity pay for superintendents, assistant superintendents, associate superintendents, directors/coordinators, supervisors, and finance officers shall be as provided for State employees.
(d) Superintendents, assistant superintendents, associate superintendents, directors/coordinators, supervisors, and finance officers with certification based on academic preparation at the six-year degree level shall receive a salary supplement of one hundred twenty-six dollars ($126.00) per month in addition to the compensation provided for pursuant to this section. Superintendents, assistant superintendents, associate superintendents, directors/coordinators, supervisors, and finance officers with certification based on academic preparation at the doctoral degree level shall receive a salary supplement of two hundred fifty-three dollars ($253.00) per month in addition to the compensation provided for under this section.
(e) The State Board shall not permit local school administrative units to transfer State funds from other funding categories for salaries for public school central office administrators.
Requested by: Senators Plyler, Perdue, Odom, Representatives Holmes, Creech, Esposito
TEACHER SALARY SCHEDULES
Sec. 7.18. (a) The Director of the Budget may transfer from the Reserve for Salary Increases for the 1995-96 fiscal year funds necessary to implement the teacher salary schedule set out in subsection (b) of this section, including funds for the employer's retirement and social security contributions and funds for annual longevity payments at one percent (1%) of base salary for 10 to 14 years of State service, one and one-half percent (1.5%) of base salary for 15 to 19 years of State service, two percent (2%) of base salary for 20 to 24 years of State service, and two and one-half percent (2.5%) of base salary for 25 or more years of State service, commencing July 1, 1995, for all teachers whose salaries are supported from the State's General Fund. These funds shall be allocated to individuals according to rules adopted by the State Board of Education and the Superintendent of Public Instruction. The longevity payment shall be paid in a lump sum once a year.
(b)(1) Beginning July 1, 1995, the following monthly salary schedule shall apply to certified personnel of the public schools who are classified as "A" teachers. The schedule contains 30 steps with each step corresponding to one year of teaching experience.
Years of 1995-96
Experience Salary
00 $2,062
01 2,103
02 2,145
03 2,231
04 2,276
05 2,322
06 2,368
07 2,415
08 2,463
09 2,512
10 2,562
11 2,613
12 2,665
13 2,718
14 2,772
15 2,827
16 2,884
17 2,942
18 3,001
19 3,061
20 3,122
21 3,184
22 3,248
23 3,313
24 3,379
25 3,447
26 3,516
27 3,586
28 3,658
29 3,731
30+ 3,731
(2) Beginning July 1, 1995, the following monthly salary schedule shall apply to certified personnel of the public schools who are classified as "G" teachers. The schedule contains 30 steps with each step corresponding to one year of teaching experience.
Years of 1995-96
Experience Salary
00 $2,191
01 2,235
02 2,280
03 2,371
04 2,418
05 2,466
06 2,515
07 2,565
08 2,616
09 2,668
10 2,721
11 2,775
12 2,831
13 2,888
14 2,946
15 3,005
16 3,065
17 3,126
18 3,189
19 3,253
20 3,318
21 3,384
22 3,452
23 3,521
24 3,591
25 3,663
26 3,736
27 3,811
28 3,887
29 3,965
30+ 3,965
(3) Certified public school teachers with certification based on academic preparation at the six-year degree level shall receive a salary supplement of one hundred twenty-six dollars ($126.00) per month in addition to the compensation provided for certified personnel of the public schools who are classified as "G" teachers. Certified public school teachers with certification based on academic preparation at the doctoral degree level shall receive a salary supplement of two hundred fifty-three dollars ($253.00) per month in addition to the compensation provided for certified personnel of the public schools who are classified as "G" teachers.
(c) The first step of the salary schedule for school psychologists shall be equivalent to Step 5, corresponding to five years of experience, on the salary schedule established in this section for certified personnel of the public schools who are classified as "G" teachers. Certified psychologists shall be placed on the salary schedule at an appropriate step based on their years of experience. Certified psychologists shall receive longevity payments based on years of State service in the same manner as teachers.
Certified psychologists with certification based on academic preparation at the six-year degree level shall receive a salary supplement of one hundred twenty-six dollars ($126.00) per month in addition to the compensation provided for certified psychologists. Certified psychologists with certification based on academic preparation at the doctoral degree level shall receive a salary supplement of two hundred fifty-three dollars ($253.00) per month in addition to the compensation provided for certified psychologists.
(d) Certified personnel of the public schools who are: (i) classified as "A” teachers; (ii) at the maximum of their pay range on June 30, 1995; and (iii) employed as teachers for the first three pay periods of the 1995-96 school year shall receive a one-time bonus of seven hundred forty-six dollars ($746.00), payable at the third payroll period of the 1995-96 school year. Certified personnel of the public schools who are: (i) classified as "G” teachers; (ii) at the maximum of their pay range on June 30, 1995; and (iii) employed as teachers for the first three pay periods of the 1995-96 school year, shall receive a one-time bonus of seven hundred ninety-three dollars ($793.00), payable at the third payroll period of the 1995-96 school year. Certified personnel of the public schools who are: (i) certified based on academic preparation at the six-year degree level; (ii) at the maximum of their pay range on June 30, 1995; and (iii) employed as teachers for the first three pay periods of the 1995-96 school year shall receive a one-time bonus of eight hundred eighteen dollars ($818.00), payable at the third payroll period of the 1995-96 school year. Certified personnel of the public schools who are: (i) certified based on academic preparation at the doctoral degree level; (ii) at the maximum of their pay range on June 30, 1995; and (iii) employed as teachers for the first three pay periods of the 1995-96 school year shall receive a one-time bonus of eight hundred forty-four dollars ($844.00), payable at the third payroll period of the 1995-96 school year.
(e) Certified personnel of the public schools who are: (i) classified as psychologists with advanced degrees; (ii) at the maximum of their pay range on June 30, 1995; and (iii) employed as school psychologists for the first three pay periods of the 1995-96 school year, shall receive a one-time bonus of nine hundred one dollars ($901.00), payable at the third payroll period of the 1995-96 school year. Certified personnel of the public schools who are: (i) classified as psychologists with doctoral degrees; (ii) at the maximum of their pay range on June 30, 1995; and (iii) employed as school psychologists for the first three pay periods of the 1995-96 school year, shall receive a one-time bonus of nine hundred twenty-six dollars ($926.00), payable at the third payroll period of the 1995-96 school year.
Requested by: Representatives Holmes, Creech, Esposito, Grady, Preston, Senators Plyler, Perdue, Odom
SCHOOL-BASED ADMINISTRATOR SALARIES
Sec. 7.19. (a) Funds appropriated to the Reserve for Salary Increases shall be used for the implementation of the salary schedule for school-based administrators as provided in this section. These funds shall be used for State-paid employees only.
(b) The salary schedule for school-based administrators shall apply only to principals and assistant principals. The salary schedule for the 1995-96 fiscal year is as follows:
Asst.
Step Prin. Prin.I Prin.II Prin.III Prin.IV Prin.V Prin.VI Prin. VII
0 – – – – – – – –
1 – – – – – – – –
2 – – – – – – – –
3 – – – – – – – –
4 $2,491 – – – – – – –
5 2,541 – – – – – – –
6 2,592 – – – – – – –
7 2,644 – – – – – – –
8 2,697 $2,697 – – – – – –
9 2,751 2,751 – – – – – –
10 2,806 2,806 $2,862 – – – – –
11 2,862 2,862 2,919 – – – – –
12 2,919 2,919 2,977 $3,037 – – – –
13 2,977 2,977 3,037 3,098 $3,160 – – –
14 3,037 3,037 3,098 3,160 3,223 $3,287 – –
15 3,098 3,098 3,160 3,223 3,287 3,353 – –
16 3,160 3,160 3,223 3,287 3,353 3,420 $3,488 –
17 3,223 3,223 3,287 3,353 3,420 3,488 3,558 $3,629
18 3,287 3,287 3,353 3,420 3,488 3,558 3,629 3,702
19 3,353 3,353 3,420 3,488 3,558 3,629 3,702 3,776
20 3,420 3,420 3,488 3,558 3,629 3,702 3,776 3,852
21 3,488 3,488 3,558 3,629 3,702 3,776 3,852 3,929
22 3,558 3,558 3,629 3,702 3,776 3,852 3,929 4,008
23 3,629 3,629 3,702 3,776 3,852 3,929 4,008 4,088
24 3,702 3,702 3,776 3,852 3,929 4,008 4,088 4,170
25 3,776 3,776 3,852 3,929 4,008 4,088 4,170 4,253
26 3,852 3,852 3,929 4,008 4,088 4,170 4,253 4,338
27 3,929 3,929 4,008 4,088 4,170 4,253 4,338 4,425
28 4,008 4,008 4,088 4,170 4,253 4,338 4,425 4,514
29 4,088 4,088 4,170 4,253 4,338 4,425 4,514 4,604
30 4,170 4,170 4,253 4,338 4,425 4,514 4,604 4,696
31 4,253 4,253 4,338 4,425 4,514 4,604 4,696 4,790
32 – 4,338 4,425 4,514 4,604 4,696 4,790 4,886
33 – – 4,514 4,604 4,696 4,790 4,886 4,984
34 – – 4,604 4,696 4,790 4,886 4,984 5,084
35 – – – 4,790 4,886 4,984 5,084 5,186
36 – – – 4,886 4,984 5,084 5,186 5,290
37 – – – – 5,084 5,186 5,290 5,396
38 – – – – – 5,290 5,396 5,504
39 – – – – – – 5,504 5,614
40 – – – – – – 5,614 5,726
41 – – – – – – – 5,841.
(c) The appropriate classification for placement of principals and assistant principals on the salary schedule shall be determined in accordance with the following schedule:
Number of Teachers
Classification Supervised
Assistant Principal
Principal I Less than 11 Teachers
Principal II 11-21 Teachers
Principal III 22-32 Teachers
Principal IV 33-43 Teachers
Principal V 44-54 Teachers
Principal VI 55-65 Teachers
Principal VII More than 65 Teachers
The number of teachers supervised includes teachers and assistant principals paid from State funds only; it does not include teachers or assistant principals paid from non-State funds or the principal or teacher assistants.
(d) A principal shall be placed on the step on the salary schedule that reflects total number of years of experience as a certificated employee of the public schools and an additional step for every three years of experience as a principal.
(e) Principals and assistant principals with certification based on academic preparation at the six-year degree level shall be paid a salary supplement of one hundred twenty-six dollars ($126.00) per month and at the doctoral degree level shall be paid a salary supplement of two hundred fifty-three dollars ($253.00) per month.
(f) There shall be no State requirement that superintendents in each local school unit shall receive in State-paid salary at least one percent (1%) more than the highest paid principal receives in State salary in that school unit: Provided, however, the additional State-paid salary a superintendent who was employed by a local school administrative unit for the 1992-93 fiscal year received because of that requirement shall not be reduced because of this subsection for subsequent fiscal years that the superintendent is employed by that local school administrative unit so long as the superintendent is entitled to at least that amount of additional State-paid salary under the rules in effect for the 1992-93 fiscal year.
(g) Longevity pay for principals and assistant principals shall be as provided for State employees.
(h) (1) If a principal is reassigned to a higher job classification because the principal is transferred to a school within a local school administrative unit with a larger number of State-allotted teachers, the principal shall be placed on the salary schedule as if the principal had served the principal's entire career as a principal at the higher job classification.
(2) If a principal is reassigned to a lower job classification because the principal is transferred to a school within a local school administrative unit with a smaller number of State-allotted teachers, the principal shall be placed on the salary schedule as if the principal had served the principal's entire career as a principal at the lower job classification.
This subdivision applies to all transfers on or after the ratification date of this act, except transfers in school systems that have been created, or will be created, by merging two or more school systems. Transfers in these merged systems are exempt from the provisions of this subdivision for one calendar year following the date of the merger.
(i) Except as provided in subsection (h) of this section, the salary of a principal or assistant principal shall not be less for the 1995-96 fiscal year than it was for the 1993-94 fiscal year solely as a result of placement on the salary schedule established in this section.
(j) Certified personnel of the public schools who are school administrators and who are at the maximum of their pay range on June 30, 1995, shall receive a one-time bonus as set out in the table below payable at the third payroll period of the 1995-96 school year:
Classification Bonus Amount
Asst. Principal $851
Asst. Principal Advanced 876
Asst. Principal Doctorate 901
Principal I 1,041
Principal I Advanced 1,071
Principal I Doctorate 1,102
Principal II 1,105
Principal II Advanced 1,135
Principal II Doctorate 1,166
Principal III 1,173
Principal III Advanced 1,203
Principal III Doctorate 1,233
Principal IV 1,220
Principal IV Advanced 1,250
Principal IV Doctorate 1,281
Principal V 1,270
Principal V Advanced 1,300
Principal V Doctorate 1,330
Principal VI 1,347
Principal VI Advanced 1,378
Principal VI Doctorate 1,408
Principal VII 1,402
Principal VII Advanced 1,432
Principal VII Doctorate 1,463.
Requested by: Representatives Holmes, Esposito, Creech, Cocklereece, Senators Plyler, Perdue, Odom
STATE EMPLOYEE RIF RIGHTS/OPTIONS
Sec. 7.20. (a) G.S. 126-7.1 reads as rewritten:
"§ 126-7.1.
Posting requirement; State employees receive priority consideration. consideration;
reduction-in-force rights.
(a) All vacancies for which any State agency, department, or institution openly recruit shall be posted within at least the following:
(1) The personnel office of the agency, department, or institution having the vacancy; and
(2) The particular work unit of the agency, department, or institution having the vacancy
in a location readily accessible to employees. If the decision is made, initially or at any time while the vacancy remains open, to receive applicants from outside the recruiting agency, department, or institution, the vacancy shall be listed with the Office of State Personnel for the purpose of informing current State employees of such vacancy. The State agency, department, or institution may not receive approval from the Office of State Personnel to fill a job vacancy if the agency, department, or institution cannot prove to the satisfaction of the Office of State Personnel that it complied with these posting requirements. The agency, department, or institution which hires any person in violation of these posting requirements shall pay such person when employment is discontinued as a result of such violation for the work performed during the period of time between his initial employment and separation.
(a1) State employees to be affected by a reduction in force shall be notified of the reduction in force as soon as practicable, and in any event, no less than 30 days prior to the effective date of the reduction in force.
(a2) The State Personnel Commission shall adopt rules to provide that priority consideration for State employees separated from State employment as the result of reductions in force is to enable a State employee's return to career service at a salary grade and salary rate equal to that held in the most recent position. The State Personnel Commission shall provide that a State employee who:
(1) Accepts a position at the same salary grade shall be paid at the same salary rate as the employee's previous position.
(2) Accepts a position at a lower salary grade than the employee's previous position shall be paid at the same rate as the previous position unless the salary rate exceeds the maximum of the new salary grade. When the salary rate exceeds the maximum of the salary grade, the employee's new salary rate shall be reduced to the maximum of the new salary grade.
(b) Subsection (a) of this section does not apply to vacancies which must be filled immediately to prevent work stoppage or the protection of the public health, safety, or security.
(c) If a State employee subject to this section:
(1) Applies for another position of State employment that would constitute a promotion and;
(2) Has substantially equal qualifications as an applicant who is not a State employee
then the State employee shall receive priority consideration over the applicant who is not a State employee. This priority consideration shall not apply when the only applicants considered for the vacancy are current State employees.
(c1) If a State employee who has been separated due to reduction in force or who has been given notice of imminent separation due to reduction in force:
(1) Applies for another position of State employment equal to or lower in salary grade than the position held by the employee at the time of notification or separation; and
(2) Is determined qualified for that position
then within the separating agency,
all State agencies, the State employee shall receive priority
consideration over all other applicants including those who are
current State employees not affected by the reduction in force. Within all
other agencies, the State employee shall receive priority consideration over
other applicants from outside State government, but shall receive equal
consideration with other applicants who are current State employees not
affected by the reduction in force. This priority shall remain in effect for a
period of 12 months from the date the employee receives notification of
separation by reduction in force. State employees separated due to reduction
in force shall receive higher priority than other applicants with employment or
reemployment priorities, except that the reemployment priority created by G.S.
126-5(e)(1) shall be considered as equal. The reduction in force reduction-in-force
priority created by this subsection shall be administered in accordance
with rules promulgated by the State Personnel Commission.
(c2) If the applicants for reemployment for a position include current State employees, a State employee with more than 10 years of service shall receive priority consideration over a State employee having less than 10 years of service in the same or related position classification. This reemployment priority shall be given by all State departments, agencies, and institutions with regard to positions subject to this Chapter.
(d) 'Qualifications' within the meaning of subsection (c) of this section shall consist of:
(1) Training or education;
(2) Years of experience; and
(3) Other skills, knowledge, and abilities that bear a reasonable functional relationship to the abilities and skills required in the job vacancy applied for."
(b) This section becomes effective July 1, 1995.
Requested by: Representatives Sherrill, Pate, Thompson, Senators Plyler, Perdue, Odom
ADDITIONAL STATE EMPLOYEE RIF RIGHTS/OPTIONS
Sec. 7.21. (a) G.S. 135-40.2(a) is amended by adding a new subdivision to read:
"(6) Notwithstanding the provisions of G.S. 135-40.11, employees formerly covered by the provisions of this section, other than retired employees, who have been employed for 12 or more months by an employing unit and whose jobs are eliminated because of a reduction, in total or in part, in the funds used to support the job or its responsibilities, provided the employees were covered by the Plan at the time of separation from service resulting from a job elimination. Employees covered by this subsection shall be covered for a period of up to 12 months following a separation from service because of a job elimination."
(b) G.S. 135-40.2(b)(5) reads as rewritten:
"(5) The spouses and eligible dependent children of enrolled employees, retirees, former employees covered by the provisions of G.S. 135-40.2(a)(6), and members of the General Assembly."
(c) G.S. 135-40.2(b) is amended by adding a new subdivision to read:
"(12) Notwithstanding the provisions of G.S. 135-40.11, former employees covered by the provisions of G.S. 135-40.2(a)(6), and their spouses and eligible dependent children who were covered by the Plan at the time of the former employees' separation from service pursuant to G.S. 135-40.2(a)(6), following expiration of the former employees' coverage provided by G.S. 135-40.2(a)(6)."
(d) This section becomes effective June 30, 1995.
Requested by: Senators Martin of Pitt, Warren, Kerr, Gulley, Representatives Ives, Lemmond, Culpepper
ASSIST VOLUNTEER SAFETY WORKERS
Sec. 7.21A. (a) Article 87 of Chapter 58 of the General Statutes is amended by adding a new section to read:
"§ 58-87-10. Workers' Compensation Fund for the benefit of volunteer safety workers.
(a) Definition. – As used in this section, the term 'eligible unit' means a volunteer fire department or volunteer rescue/EMS unit that is not part of a unit of local government and is exempt from State income tax under G.S. 105-130.11.
(b) Creation. – The Workers' Compensation Fund is created in the Department of Insurance as an expendable trust fund. Accordingly, interest and other investment income earned by the Fund accrues to it, and revenue in the Fund at the end of a fiscal year remains in the Fund and does not revert.
(c) Use. – Revenue in the Workers' Compensation Fund shall be used to provide workers' compensation benefits to members of eligible units. Chapter 97 of the General Statutes governs the payment of benefits from the Fund. Benefits are payable for compensable injuries or deaths that occur on or after July 1, 1996.
(d) Administration. – The State Fire and Rescue Commission, established under G.S. 58-78-1, shall administer the Workers' Compensation Fund and shall perform this duty by contracting with a third-party administrator. The contracting procedure is not subject to Article 3C of Chapter 143 of the General Statutes. The reasonable and necessary expenses incurred by the Commission in administering the Fund shall be paid out of the Fund by the State Treasurer. The Commission may adopt rules to implement this section.
(e) Revenue Source. – Revenue is credited to the Workers' Compensation Fund from appropriations made to the Department of Insurance for this purpose. In addition, every eligible unit that elects to participate shall pay into the Fund an amount set annually by the State Fire and Rescue Commission to ensure that the Fund will be able to meet its payment obligations under this section. The amount shall be set as a per capita fixed dollar amount for each member of the roster of the eligible unit.
The payment shall be made to the State Fire and Rescue Commission on or before July 1 of each year. The Commission shall remit the payments it receives to the State Treasurer, who shall credit the payments to the Fund. If the Commission does not receive an annual payment from an eligible unit by July 1, then that unit shall not receive workers' compensation coverage from the Fund for the fiscal year that begins that July 1."
(b) The first per member payment that eligible fire departments and rescue/EMS units must make to the State Fire and Rescue Commission under G.S. 58-87-10 is payable on or before July 1, 1996.
(c) G.S. 58-78-5(a) is amended by adding a new subdivision to read:
"(16) To provide workers' compensation benefits under G.S. 58-87-10, to create a Volunteer Safety Workers' Compensation Board to assist it in performing this duty, and to reimburse the members of the Commission's Volunteer Safety Workers' Compensation Board in accordance with G.S. 138-5 for travel and subsistence expenses incurred by them."
(d) G.S. 58-86-35 reads as rewritten:
"§ 58-86-35. Firemen's application for membership in fund; monthly payments by members; payments credited to separate accounts of members.
Those firemen who are eligible pursuant to G.S. 58-86-25 may
make application for membership to the board. Each fireman upon becoming a
member of the fund shall pay the director of the fund the sum of five ten
dollars ($5.00) ($10.00) per month. The monthly payments
shall be credited to the separate account of the member and shall be kept by
the custodian so it is available for payment on withdrawal from membership or
retirement."
(e) G.S. 58-86-40 reads as rewritten:
"§ 58-86-40. Rescue squad worker's application for membership in funds; monthly payments by members; payments credited to separate accounts of members.
Those rescue squad workers eligible pursuant to G.S. 58-86-30
may make application apply to the board for membership. All
persons who subsequently become rescue squad workers may make application for
membership. Each eligible rescue squad worker upon becoming a member shall
pay the director of the fund the sum of five ten dollars ($5.00)
($10.00) per month. A rescue squad worker who, on the date of the
establishment of the fund, has service as a rescue squad worker certified by
the Department of State Treasurer, may make a lump sum payment of five dollars
($5.00) per month for each month of service as an eligible rescue squad worker
as defined by G.S. 58-86-30, on or before December 31, 1983, for as many as 240
months together with interest at an annual rate of six percent (6%). The
The monthly payments shall be credited to the separate
account of the member and shall be kept by the custodian so it is available for
payment on withdrawal from membership or retirement.”
(f) G.S. 58-86-45(b) reads as rewritten:
"(b) Effective April 1, 1987, any An
eligible fireman or rescue squad worker who has not reached his
thirty-fifth birthday who is eligible and who is not yet 35 years old
and has not previously elected to become a member may make application
through apply to the board of trustees for membership in the fund at
any time. The person shall Upon becoming a member, the worker must make
a lump sum payment of five ten dollars ($5.00) ($10.00)
per month retroactively to the time he the worker first
became eligible to become a member, plus interest at an annual rate to be set
by the board of trustees, for each year of his retroactive
payments. Upon making this lump sum payment, the person worker shall
be given credit for all prior service in the same manner as if he the
worker had made application applied for membership at the
time he first became upon first becoming eligible. Any
A member who has not reached his thirty-fifth
birthday is not yet 35 years old, who made application applied
for membership subsequent to the time he was first eligible after
first becoming eligible, and who did not receive credit for prior
service may receive credit for such the prior service upon making
a lump sum payment of five ten dollars ($5.00) ($10.00)
per for each month since the worker first became eligible,
retroactively to the time he first became eligible, plus interest
at an annual rate to be set by the board of trustees, for each year of his
retroactive payments. Upon making this lump sum payment, the date of
membership shall be the same as if he the worker had made
application applied for membership at the time he was first upon
first becoming eligible."
(g) G.S. 58-86-55 reads as rewritten:
"§ 58-86-55. Monthly pensions upon retirement.
Any member who has served 20 years as an 'eligible fireman'
or 'eligible rescue squad worker' in the State of North Carolina, as provided
in G.S. 58-86-25 and G.S. 58-86-30, and who has attained the age of 55 years is
entitled to be paid a monthly pension from this fund. The monthly pension shall
be in the amount of one hundred ten thirty-five dollars ($110.00)
($135.00) per month. Any retired fireman receiving a pension of one
hundred ten dollars ($110.00) per month shall, effective July 1, 1994, 1995,
receive a pension of one hundred ten thirty-five dollars ($110.00)
($135.00) per month.
Members shall pay five ten dollars ($5.00) ($10.00)
per month as required by G.S. 58-86-35 and G.S. 58-86-40 for a period of no
longer than 20 years. No 'eligible rescue squad member' shall receive a pension
prior to July 1, 1983. No person member shall be entitled to a
pension hereunder until his the member's official duties as a
fireman or rescue squad worker for which he the member is paid
compensation shall have been terminated and he the member shall
have retired as such according to standards or rules fixed by the board of
trustees.
Any A member who is totally and permanently
disabled while in the discharge of his the member's official
duties as a result of bodily injuries sustained or as a result of extreme
exercise or extreme activity experienced in the course and scope of his those
official duties and who leaves the fire or rescue squad service because of
this disability shall be entitled to be paid from the fund a monthly benefit in
an amount of one hundred ten thirty-five dollars ($110.00) ($135.00)
per month beginning the first month after his the member's fifty-fifth
birthday. All applications for disability are subject to the approval of the
board who may appoint physicians to examine and evaluate the disabled member
prior to approval of his the application, and annually
thereafter. Any disabled member shall not be required to make the monthly
payment of five ten dollars ($5.00) ($10.00) as
required by G.S. 58-86-35 and G.S. 58-86-40.
Any A member who is totally and permanently
disabled for any cause, other than line of duty, who leaves the fire or rescue
squad service because of this disability and who has at least 10 years of
service with the pension fund, may be permitted to continue making a monthly
contribution of five ten dollars ($5.00) ($10.00) to
the fund until he the member has paid into the fund the sum of
one thousand two hundred dollars ($1,200). made contributions for a
total of 240 months. The member shall upon attaining the age of 55 years be
entitled to receive a pension as provided by this section. All applications for
disability are subject to the approval of the board who may appoint physicians
to examine and evaluate the disabled member prior to approval of his the
application and annually thereafter.
Any A member who, because his residence is
annexed by a city under Part 2 or Part 3 of Article 4 of Chapter 160A of the
General Statutes, or whose department is closed because of an annexation by a
city under Part 2 or Part 3 of Article 4 of Chapter 160A of the General
Statutes, and because of such annexation is unable to perform as a fireman of
any status, and if the member has at least 10 years of service with the pension
fund, may be permitted to continue making a monthly contribution of five ten
dollars ($5.00) ($10.00) to the fund until he the
member has paid into the fund the sum of one thousand two hundred
dollars ($1,200). made contributions for a total of 240 months. The
member upon attaining the age of 55 years and completion of such contributions
shall be entitled to receive a pension as provided by this section. Any
application to make monthly contributions under this section shall be subject
to a finding of eligibility by the Board of Trustees upon application of the
member.
The pensions provided shall be in addition to all other pensions or benefits under any other statutes of the State of North Carolina or the United States, notwithstanding any exclusionary provisions of other pensions or retirement systems provided by law.”
(h) G.S. 58-86-30 reads as rewritten:
"§ 58-86-30. 'Eligible rescue squad worker' defined; determination and certification of eligibility.
'Eligible rescue squad worker' means any a person
who is a member of a rescue or emergency medical services squad who
that is eligible for membership in the North Carolina Association of
Rescue and Emergency Medical Services, Squads, Inc., and who has
attended a minimum of 36 hours of training and meetings in the last calendar
year. Each rescue or emergency medical services squad worker eligible
for membership in the North Carolina Association of Rescue and Emergency
Medical Services, Squads, Inc., must file a roster certified by the
secretary of the association of those rescue or emergency medical services squad
workers meeting the association requirements of this section with
the State Treasurer by January 1 of each calendar year.
'Eligible rescue squad worker' does not mean 'eligible fireman' as defined by G.S. 58-86-25, nor may an 'eligible rescue squad worker' qualify also as an 'eligible fireman' in order to receive double benefits available under this Article.”
(i) The changes made to G.S. 58-86-45 and G.S. 58-86-55 by this Part do not affect the credit received for service performed before July 1, 1995. The increase in monthly pension contributions from five dollars ($5.00) to ten dollars ($10.00) in G.S. 58-86-55 does not affect the amount of monthly contributions made prior to July 1, 1995.
(j) The caption for Article 87 of Chapter 58 of the General Statutes reads as rewritten:
"ARTICLE 87.
"Volunteer Fire Department and Rescue/EMS Funds. Safety
Workers Assistance."
(k) G.S. 58-87-1(b) reads as rewritten:
"(b) A fire department is eligible for a grant
under this section if: if it meets all of the following conditions:
(1) It serves a response area of 6,000 or less in population;
population.
(2) It is all volunteer; and has no more than
two paid members and otherwise consists of volunteer members.
(3) It has been certified by the Department of Insurance.
In making the population
determination under subdivision (1), the Department shall use the latest
decennial U.S. Census population data. most recent annual population
estimates certified by the State Planning Officer."
(l) G.S. 58-87-5(b) reads as rewritten:
"(b) A rescue or rescue/EMS unit is eligible for a
grant under this section if: if it meets all of the following
conditions:
(1) Repealed by Session Laws 1989 (Regular Session, 1990), c. 1066, s. 33(a), effective July 15, 1990.
(2) It is all volunteer, except that the rescue or
rescue/EMS unit may have paid members, not to exceed two positions, either
full-time or part-time; and has no more than two paid members and
otherwise consists of volunteer members.
(3) It has been recognized by the Department as an
organization that provides rescue or rescue and emergency medical services;
and services.
(4) It satisfies the eligibility criteria established by the Department under subsection (a) of this section."
(m) The Legislative Research Commission shall study the issue of assistance to volunteer fire, rescue, and emergency medical service units to determine the types and amounts of assistance that are appropriate for the State and other levels of government. In conducting the study, the Commission may consider the funding sources for and uses of funds in the Firemen's Relief Fund established in Article 84 of Chapter 58 of the General Statutes, the North Carolina Firemen's and Rescue Squad Workers' Pension Fund established in Article 86 of Chapter 58 of the General Statutes, the Volunteer Fire Department Fund, the Volunteer Rescue/EMS Fund, and the Workers' Compensation Fund established in Article 87 of Chapter 58 of the General Statutes, and the Rescue Squad Workers' Relief Fund established in Article 88 of Chapter 58 of the General Statutes. The Commission shall make a final report to the 1996 Regular Session of the 1995 General Assembly.
(n) Subsections (d) through (i) of this section are effective July 1, 1995. The remainder of this section is effective upon ratification.
Requested by: Representatives Holmes, Creech, Esposito, McCombs, Senators Plyler, Perdue, Odom
1995 RETIREMENT BENEFITS ACT
Sec. 7.22. (a) G.S. 135-5 is amended by adding a new subsection to read:
"(zz) From and after July 1, 1995, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before July 1, 1994, shall be increased by two percent (2%) of the allowance payable on July 1, 1994, in accordance with G.S. 135-5(o). Furthermore, from and after July 1, 1995, the retirement allowance to or on account of beneficiaries whose retirement commenced after July 1, 1994, but before June 30, 1995, shall be increased by a prorated amount of two percent (2%) of the allowance payable as determined by the Board of Trustees based upon the number of months that a retirement allowance was paid between July 1, 1994, and June 30, 1995."
(b) G.S. 135-65 is amended by adding a new subsection to read:
"(p) From and after July 1, 1995, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before July 1, 1994, shall be increased by two percent (2%) of the allowance payable on July 1, 1994. Furthermore, from and after July 1, 1995, the retirement allowance to or on account of beneficiaries whose retirement commenced after July 1, 1994, but before June 30, 1995, shall be increased by a prorated amount of two percent (2%) of the allowance payable as determined by the Board of Trustees based upon the number of months that a retirement allowance was paid between July 1, 1994, and June 30, 1995."
(c) G.S. 120-4.22A is amended by adding a new subsection to read:
"(j) In accordance with subsection (a) of this section, from and after July 1, 1995, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before January 1, 1995, shall be increased by two percent (2%) of the allowance payable on January 1, 1995. Furthermore, from and after July 1, 1995, the retirement allowance to or on account of beneficiaries whose retirement commenced after January 1, 1995, but before June 30, 1995, shall be increased by a prorated amount of two percent (2%) of the allowance payable as determined by the Board of Trustees based upon the number of months that a retirement allowance was paid between January 1, 1995, and June 30, 1995."
(d) G.S. 128-24(5) reads as rewritten:
"(5) The provisions of this subdivision (5) shall apply to any member whose membership is terminated on or after July 1, 1965, and who becomes entitled to benefits hereunder in accordance with the provisions hereof.
a. Notwithstanding any other provision of this Chapter, any member who separates from service prior to the attainment of the age of 60 years for any reason other than death or retirement for disability as provided in G.S. 128-27(c), after completing 15 or more years of creditable service, and who leaves his total accumulated contributions in said System shall have the right to retire on a deferred retirement allowance upon attaining the age of 60 years; provided that such member may retire only upon written application to the Board of Trustees setting forth at what time, not less than one day nor more than 90 days subsequent to the execution and filing thereof, he desires to be retired; and further provided that in the case of a member who so separates from service on or after July 1, 1967, the aforestated requirement of 15 or more years of creditable service shall be reduced to 12 or more years of creditable service; and further provided that in the case of a member who so separates from service on or after July 1, 1971, or whose account is active on July 1, 1971, the aforestated requirement of 12 or more years of creditable service shall be reduced to five or more years of creditable service. Such deferred retirement allowance shall be computed in accordance with the service retirement provisions of this Article pertaining to a member who is not a law enforcement officer or eligible former law enforcement officer.
b. In lieu of the benefits provided in paragraph a of this subdivision, any member who separates from service prior to the attainment of the age of 60 years, for any reason other than death or retirement for disability as provided in G.S. 128-27(c), after completing 20 or more years of creditable service, and who leaves his total accumulated contributions in said System may elect to retire on an early retirement allowance upon attaining the age of 50 years or at any time thereafter; provided that such member may so retire only upon written application to the Board of Trustees setting forth at what time, not less than one day nor more than 90 days subsequent to the execution and filing thereof, he desires to be retired. Such early retirement allowance so elected shall be equal to the deferred retirement allowance otherwise payable at the attainment of the age of 60 years reduced by the percentage thereof indicated below.
Age at Percentage
Retirement Reduction
59 7
58 14
57 20
56 25
55 30
54 35
53 39
52 43
51 46
50 50
b1. In lieu of the benefits provided in paragraphs a and b of this subdivision, any member who is a law enforcement officer at the time of separation from service prior to the attainment of the age of 50 years, for any reason other than death or disability as provided in this Article, after completing 15 or more years of creditable service in this capacity immediately prior to separation from service, and who leaves his total accumulated contributions in this System, may elect to retire on a deferred early retirement allowance upon attaining the age of 50 years or at any time thereafter; provided, that the member may commence retirement only upon written application to the Board of Trustees setting forth at what time, as of the first day of a calendar month, not less than one day nor more than 90 days subsequent to the execution and filing thereof, he desires to commence retirement. The deferred early retirement allowance shall be computed in accordance with the service retirement provisions of this Article pertaining to law enforcement officers.
b2. In lieu of the benefits provided in paragraphs a and b of this subdivision, any member who is a law enforcement officer at the time of separation from service prior to the attainment of the age of 55 years, for any reason other than death or disability as provided in this Article, after completing five or more years of creditable service in this capacity immediately prior to separation from service, and who leaves his total accumulated contributions in this System may elect to retire on a deferred service retirement allowance upon attaining the age of 55 years or at any time thereafter; provided, that the member may commence retirement only upon written application to the Board of Trustees setting forth at what time, as of the first day of a calendar month not less than one day nor more than 90 days subsequent to the execution and filing thereof, he desires to commence retirement. The deferred service retirement allowance shall be computed in accordance with the service retirement provisions of this Article pertaining to law enforcement officers.
b3. Deferred retirement allowance of members retiring on or after July 1, 1995. – In lieu of the benefits provided in paragraphs a. and b. of this subdivision, any member who separates from service prior to attainment of age 60 years, after completing 20 or more years of creditable service, and who leaves his total accumulated contributions in said System, may elect to retire on a deferred retirement allowance upon attaining the age of 50 years or any time thereafter; provided that such member may so retire only upon written application to the Board of Trustees setting forth at what time, not less than one day nor more than 90 days subsequent to the execution and filing thereof, he desires to be retired. Such deferred retirement allowance shall be computed in accordance with the service retirement provisions of this Article pertaining to a member who is not a law enforcement officer or an eligible former law enforcement officer.
c. Should a beneficiary who retired on an early or service retirement allowance be reemployed, or otherwise engaged to perform services, by an employer participating in the Retirement System on a part-time, temporary, interim, or on fee-for-service basis, whether contractual or otherwise, and if such beneficiary earns an amount in any calendar year which exceeds fifty percent (50%) of the reported compensation, excluding terminal payments, during the 12 months of service preceding the effective date of retirement, or twenty thousand dollars ($20,000), whichever is greater, as hereinafter indexed, then the retirement allowance shall be suspended as of the first day of the month following the month in which the reemployment earnings exceed the amount above, for the balance of the calendar year. The retirement allowance of the beneficiary shall be reinstated as of January 1 of each year following suspension. The amount that may be earned before suspension shall be increased on January 1 of each year by the ratio of the Consumer Price Index to the Index one year earlier, calculated to the nearest tenth of a percent (1/10 of 1%).
d. Should a beneficiary who retired on an early or service retirement allowance be restored to service as an employee, then the retirement allowance shall cease as of the first day of the month following the month in which the beneficiary is restored to service and the beneficiary shall become a member of the Retirement System and shall contribute thereafter as allowed by law at the uniform contribution payable by all members.
Upon his subsequent retirement, he shall be paid a retirement allowance determined as follows:
1. For a member who earns at least three years' membership service after restoration to service, the retirement allowance shall be computed on the basis of his compensation and service before and after the period of prior retirement without restriction; provided, that if the prior allowance was based on a social security leveling payment option, the allowance shall be adjusted actuarially for the difference between the amount received under the optional payment and what would have been paid if the retirement allowance had been paid without optional modification.
2. For a member who does not earn three years' membership service after restoration to service, the retirement allowance shall be equal to the sum of the retirement allowance to which he would have been entitled had he not been restored to service, without modification of the election of an optional allowance previously made, and the retirement allowance that results from service earned since being restored to service; provided, that if the prior retirement allowance was based on a social security leveling payment option, the prior allowance shall be adjusted actuarially for the difference between the amount that would have been paid for each month had the payment not been suspended and what would have been paid if the retirement allowance had been paid without optional modification."
(e) G.S. 128-27 is amended by adding a new subsection to read:
(oo) From and after July 1, 1995, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before July 1, 1994, shall be increased by two percent (2%) of the allowance payable on July 1, 1994, in accordance with G.S. 128-27(k). Furthermore, from and after July 1, 1995, the retirement allowance to or on account of beneficiaries whose retirement commenced after July 1, 1994, but before June 30, 1995, shall be increased by a prorated amount of two percent (2%) of the allowance payable as determined by the Board of Trustees based upon the number of months that a retirement allowance was paid between July 1, 1994, and June 30, 1995."
(f) G.S 128-27(m) reads as rewritten:
"(m) Survivor's Alternate Benefit. – Upon the death of a member in service, the principal beneficiary designated to receive a return of accumulated contributions shall have the right to elect to receive in lieu thereof the reduced retirement allowance provided by Option two of subsection (g) above computed by assuming that the member had retired on the first day of the month following the date of his death, provided that all three of the following conditions apply:
(1) The member had attained such age and/or
creditable service to be eligible to commence retirement with an early or
service retirement allowance or had attained 20 years of creditable service.
(1) a. The member had attained such age and/or creditable service to be eligible to commence retirement with an early or service retirement allowance, or
b. The member had obtained 20 years of creditable service in which case the retirement allowance shall be computed in accordance with G.S. 128-27(b15)(1)b. or G.S. 128-27(b15)(2)c., notwithstanding the requirement of obtaining age 50.
(2) The member had designated as the principal beneficiary to receive a return of his accumulated contributions one and only one person who is living at the time of his death.
(3) The member had not instructed the Board of Trustees in writing that he did not wish the provisions of this subsection apply.
For the purpose of this benefit, a member is considered to be in service at the date of his death if his death occurs within 180 days from the last day of his actual service. The last day of actual service shall be determined as provided in subsection (l) of this section. Upon the death of a member in service, the surviving spouse may make all purchases for creditable service as provided for under this Chapter for which the member had made application in writing prior to the date of death, provided that the date of death occurred prior to or within 60 days after notification of the cost to make the purchase."
(g) This section becomes effective July 1, 1995.
Requested by: Representatives Barnes, Senators Plyler, Perdue, Odom
SALARY RELATED CONTRIBUTIONS/CONFORM UNC OPTIONAL PLAN
Sec. 7.22A. Section 7.1(b) of Chapter 324 of the 1995 Session Laws reads as rewritten:
"(b) Effective July 1, 1995, the State's employer
contribution rates budgeted for retirement and related benefits as a percentage
of covered salaries for the 1995-96 fiscal year are (i) ten and eighty-three
hundredths percent (10.83%) - Teachers and State Employees; (ii) fifteen and
eighty-three hundredths percent (15.83%) - State Law Enforcement Officers;
(iii) nine and ten hundredths percent (9.10%) nine and eighteen
hundredths percent (9.18%) - University Employees' Optional Retirement
Program; (iv) twenty-two and sixty-five hundredths percent (22.65%) -
Consolidated Judicial Retirement System; and (v) twenty-three and twenty-seven
hundredths percent (23.27%) - Legislative Retirement System. Each of the
foregoing contribution rates includes two percent (2%) for hospital and medical
benefits. The rate for State Law Enforcement Officers includes five percent
(5%) for the Supplemental Retirement Income Plan. The rates for Teachers and
State Employees, State Law Enforcement Officers, and for the University
Employees' Optional Retirement Program includes fifty-two hundredths percent
(0.52%) for the Disability Income Plan."
Requested by: Representatives Pate, Russell, Sherrill, Easterling, Senators Plyler, Perdue, Odom
FURTHER 1995 RETIREMENT BENEFITS
Sec. 7.23. (a) G.S. 135-5(b15) reads as rewritten:
"(b15) Service Retirement Allowance of Members Retiring
on or after July 1, 1994.1994, but before July 1, 1995. – Upon
retirement from service in accordance with subsection (a) or (a1) above, on or
after July 1, 1994, but before July 1, 1995, a member shall receive the
following service retirement allowance:
(1) A member who is a law enforcement officer or an eligible former law enforcement officer shall receive a service retirement allowance computed as follows:
a. If the member's service retirement date occurs on or after his 55th birthday, and completion of five years of creditable service as a law enforcement officer, or after the completion of 30 years of creditable service, the allowance shall be equal to one and seventy-three hundredths percent (1.73%) of his average final compensation, multiplied by the number of years of his creditable service.
b. If the member's service retirement date occurs on or after his 50th birthday and before his 55th birthday with 15 or more years of creditable service as a law enforcement officer and prior to the completion of 30 years of creditable service, his retirement allowance shall be equal to the greater of:
1. The service retirement allowance payable under G.S. 135-5(b15)(1)a. reduced by one-third of one percent (1/3 of 1%) thereof for each month by which his retirement date precedes the first day of the month coincident with or next following the month the member would have attained his 55th birthday; or
2. The service retirement allowance as computed under G.S. 135-5(b15)(1)a. reduced by five percent (5%) times the difference between 30 years and his creditable service at retirement.
(2) A member who is not a law enforcement officer or an eligible former law enforcement officer shall receive a service retirement allowance computed as follows:
a. If the member's service retirement date occurs on or after his 65th birthday upon the completion of five years of creditable service or after the completion of 30 years of creditable service or on or after his 60th birthday upon the completion of 25 years of creditable service, the allowance shall be equal to one and seventy-three hundredths percent (1.73%) of his average final compensation, multiplied by the number of years of creditable service.
b. If the member's service retirement date occurs after his 60th and before his 65th birthday and prior to his completion of 25 years or more of creditable service, his retirement allowance shall be computed as in G.S. 135-5(b15)(2)a. but shall be reduced by one-quarter of one percent (1/4 of 1%) thereof for each month by which his retirement date precedes the first day of the month coincident with or next following his 65th birthday.
c. If the member's early service retirement date occurs on or after his 50th birthday and before his 60th birthday and after completion of 20 years of creditable service but prior to the completion of 30 years of creditable service, his early service retirement allowance shall be equal to the greater of:
1. The service retirement allowance as computed under G.S. 135-5(b15)(2)a. but reduced by the sum of five-twelfths of one percent (5/12 of 1%) thereof for each month by which his retirement date precedes the first day of the month coincident with or next following the month the member would have attained his 60th birthday, plus one-quarter of one percent (1/4 of 1%) thereof for each month by which his 60th birthday precedes the first day of the month coincident with or next following his 65th birthday; or
2. The service retirement allowance as computed under G.S. 135-5(b15)(2)a. reduced by five percent (5%) times the difference between 30 years and his creditable service at retirement; or
3. If the member's creditable service commenced prior to July 1, 1994, the service retirement allowance provided by G.S. 135-5(b14)(2)c.
d. Notwithstanding the foregoing provisions, any member whose creditable service commenced prior to July 1, 1963, shall not receive less than the benefit provided by G.S. 135-5(b)."
(b) G.S. 135-5 is amended by adding a new subsection to read:
"(b16) Service Retirement Allowance of Members Retiring on or After July 1, 1995. – Upon retirement from service in accordance with subsection (a) or (a1) above, on or after July 1, 1995, a member shall receive the following service retirement allowance:
(1) A member who is a law enforcement officer or an eligible former law enforcement officer shall receive a service retirement allowance computed as follows:
a. If the member's service retirement date occurs on or after his 55th birthday, and completion of five years of creditable service as a law enforcement officer, or after the completion of 30 years of creditable service, the allowance shall be equal to one and seventy-five hundredths percent (1.75%) of his average final compensation, multiplied by the number of years of his creditable service.
b. If the member's service retirement date occurs on or after his 50th birthday and before his 55th birthday with 15 or more years of creditable service as a law enforcement officer and prior to the completion of 30 years of creditable service, his retirement allowance shall be equal to the greater of:
1. The service retirement allowance payable under G.S. 135-5(b16)(1)a. reduced by one-third of one percent (1/3 of 1%) thereof for each month by which his retirement date precedes the first day of the month coincident with or next following the month the member would have attained his 55th birthday; or
2. The service retirement allowance as computed under G.S. 135-5(b16)(1)a. reduced by five percent (5%) times the difference between 30 years and his creditable service at retirement.
(2) A member who is not a law enforcement officer or an eligible former law enforcement officer shall receive a service retirement allowance computed as follows:
a. If the member's service retirement date occurs on or after his 65th birthday upon the completion of five years of creditable service or after the completion of 30 years of creditable service or on or after his 60th birthday upon the completion of 25 years of creditable service, the allowance shall be equal to one and seventy-five hundredths percent (1.75%) of his average final compensation, multiplied by the number of years of creditable service.
b. If the member's service retirement date occurs after his 60th and before his 65th birthday and prior to his completion of 25 years or more of creditable service, his retirement allowance shall be computed as in G.S. 135-5(b16)(2)a. but shall be reduced by one-quarter of one percent (1/4 of 1%) thereof for each month by which his retirement date precedes the first day of the month coincident with or next following his 65th birthday.
c. If the member's early service retirement date occurs on or after his 50th birthday and before his 60th birthday and after completion of 20 years of creditable service but prior to the completion of 30 years of creditable service, his early service retirement allowance shall be equal to the greater of:
1. The service retirement allowance as computed under G.S. 135-5(b16)(2)a. but reduced by the sum of five-twelfths of one percent (5/12 of 1%) thereof for each month by which his retirement date precedes the first day of the month coincident with or next following the month the member would have attained his 60th birthday, plus one-quarter of one percent (1/4 of 1%) thereof for each month by which his 60th birthday precedes the first day of the month coincident with or next following his 65th birthday; or
2. The service retirement allowance as computed under G.S. 135-5(b16)(2)a. reduced by five percent (5%) times the difference between 30 years and his creditable service at retirement; or
3. If the member's creditable service commenced prior to July 1, 1994, the service retirement allowance equal to the actuarial equivalent of the allowance payable at the age of 60 years as computed in G.S. 135-5(b16)(2)b.
d. Notwithstanding the foregoing provisions, any member whose creditable service commenced prior to July 1, 1963, shall not receive less than the benefit provided by G.S. 135-5(b)."
(c) G.S. 128-27(b14) reads as rewritten:
"(b14) Service Retirement Allowance of Members Retiring
on or after July 1, 1994.1994, but before July 1, 1995. – Upon
retirement from service in accordance with subsection (a) or (a1) above, on or
after July 1, 1994, but before July 1, 1995, a member shall receive the
following service retirement allowance:
(1) A member who is a law enforcement officer or an eligible former law enforcement officer shall receive a service retirement allowance computed as follows:
a. If the member's service retirement date occurs on or after his 55th birthday, and completion of five years of creditable service as a law enforcement officer, or after the completion of 30 years of creditable service, the allowance shall be equal to one and seventy-one hundredths percent (1.71%) of his average final compensation, multiplied by the number of years of his creditable service.
b. This allowance shall also be governed by the provisions of G.S. 128-27(b8)(2).
(2) A member who is not a law enforcement officer or an eligible former law enforcement officer shall receive a service retirement allowance computed as follows:
a. If the member's service retirement date occurs on or after his 65th birthday upon the completion of five years of creditable service or after the completion of 30 years of creditable service or on or after his 60th birthday upon the completion of 25 years of creditable service, the allowance shall be equal to one and seventy-one hundredths percent (1.71%) of his average final compensation, multiplied by the number of years of creditable service.
b. This allowance shall also be governed by the provisions of G.S. 128-27(b7)(2a), (2b), and (3)."
(d) G.S. 128-27 is amended by adding a new subsection to read:
"(b15) Service Retirement Allowance of Members Retiring on or After July 1, 1995. – Upon retirement from service in accordance with subsection (a) or (a1) above, on or after July 1, 1995, a member shall receive the following service retirement allowance:
(1) A member who is a law enforcement officer or an eligible former law enforcement officer shall receive a service retirement allowance computed as follows:
a. If the member's service retirement date occurs on or after his 55th birthday, and completion of five years of creditable service as a law enforcement officer, or after the completion of 30 years of creditable service, the allowance shall be equal to one and seventy-two hundredths percent (1.72%) of his average final compensation, multiplied by the number of years of his creditable service.
b. If the member's service retirement date occurs on or after his 50th birthday and before his 55th birthday with 15 or more years of creditable service as a law enforcement officer and prior to the completion of 30 years of creditable service, his retirement allowance shall be equal to the greater of:
1. The service retirement allowance payable under G.S. 128-27(b15)(1)a. reduced by one-third of one percent (1/3 of 1%) thereof for each month by which his retirement date precedes the first day of the month coincident with or next following the month the member would have attained his 55th birthday; or
2. The service retirement allowance as computed under G.S. 128-27(b15)(1)a. reduced by five percent (5%) times the difference between 30 years and his creditable service at retirement.
(2) A member who is not a law enforcement officer or an eligible former law enforcement officer shall receive a service retirement allowance computed as follows:
a. If the member's service retirement date occurs on or after his 65th birthday upon the completion of five years of creditable service or after the completion of 30 years of creditable service or on or after his 60th birthday upon the completion of 25 years of creditable service, the allowance shall be equal to one and seventy-two hundredths percent (1.72%) of his average final compensation, multiplied by the number of years of creditable service.
b. If the member's service retirement date occurs after his 60th and before his 65th birthday and prior to his completion of 25 years or more of creditable service, his retirement allowance shall be computed as in G.S. 128-27(b15)(2)a. but shall be reduced by one-quarter of one percent (1/4 of 1%) thereof for each month by which his retirement date precedes the first day of the month coincident with or next following his 65th birthday.
c. If the member's early service retirement date occurs on or after his 50th birthday and before his 60th birthday and after completion of 20 years of creditable service but prior to the completion of 30 years of creditable service, his early service retirement allowance shall be equal to the greater of:
1. The service retirement allowance as computed under G.S. 128-27(b15)(2)a. but reduced by the sum of five-twelfths of one percent (5/12 of 1%) thereof for each month by which his retirement date precedes the first day of the month coincident with or next following the month the member would have attained his 60th birthday, plus one-quarter of one percent (1/4 of 1%) thereof for each month by which his 60th birthday precedes the first day of the month coincident with or next following his 65th birthday; or
2. The service retirement allowance as computed under G.S. 128-27(b15)(2)a. reduced by five percent (5%) times the difference between 30 years and his creditable service at retirement; or
3. If the member's creditable service commenced prior to July 1, 1995, the service retirement allowance equal to the actuarial equivalent of the allowance payable at the age of 60 years as computed in G.S. 128-27(b15)(2)b.
d. Notwithstanding the foregoing provisions, any member whose creditable service commenced prior to July 1, 1965, shall not receive less than the benefit provided by G.S. 128-27(b)."
Requested by: Senators Plyler, Perdue, Odom, Representatives Holmes, Creech, Esposito
ADDITIONAL RETIREMENT BENEFITS
Sec. 7.23A. (a) G.S. 135-5(m) reads as rewritten:
"(m) Survivor's Alternate Benefit. – Upon the death of a member in service, the principal beneficiary designated to receive a return of accumulated contributions shall have the right to elect to receive in lieu thereof the reduced retirement allowance provided by Option 2 of subsection (g) above computed by assuming that the member had retired on the first day of the month following the date of his death, provided that the following conditions apply:
(1) a. The member had attained such age and/or creditable service to be eligible to commence retirement with an early or service retirement allowance, or
b. The member had obtained 20 years of creditable
service in which case the retirement allowance shall be computed in accordance
with G.S. 135-5(b15)(1)b. G.S. 135-5(b16)(1)b. or G.S.
135-5(b15)(2)c., G.S. 135-5(b16)(2)c., notwithstanding the
requirement of obtaining age 50.
(2) The member had designated as the principal beneficiary to receive a return of his accumulated contributions one and only one person who was living at the time of his death.
(3) The member had not instructed the Board of Trustees in writing that he did not wish the provisions of this subsection to apply.
For the purpose of this benefit, a member is considered to be in service at the date of his death if his death occurs within 180 days from the last day of his actual service. The last day of actual service shall be determined as provided in subsection (l) of this section. Upon the death of a member in service, the surviving spouse may make all purchases for creditable service as provided for under this Chapter for which the member had made application in writing prior to the date of death, provided that the date of death occurred prior to or within 60 days after notification of the cost to make the purchase. The term "in service” as used in this subsection includes a member in receipt of a benefit under the Disability Income Plan as provided in Article 6 of this Chapter."
(b) G.S. 135-5 is amended by adding a new subsection to read:
"(aaa) Increase in Allowance as to Persons on Retirement Rolls as of June 1, 1995. – From and after July 1, 1995, the retirement allowance to or on account of beneficiaries on the retirement rolls as of June 1, 1995, shall be increased by one and two-tenths of one percent (1.2%) of the allowance payable on June 1, 1995. This allowance shall be calculated on the allowance payable and in effect on June 30, 1995, so as not to be compounded on any other increase granted by act of the 1995 General Assembly."
(c) G.S. 128-27 is amended by adding two new subsections to read:
"(pp) Increase in Allowance as to Persons on Retirement Rolls as of June 1, 1995. – From and after July 1, 1995, the retirement allowance to or on account of beneficiaries on the retirement rolls as of June 1, 1995, shall be increased by six-tenths of one percent (0.6%) of the allowance payable on June 1, 1995. This allowance shall be calculated on the allowance payable and in effect on June 30, 1995, so as not to be compounded on any other increase payable under subsection (k) of this section or otherwise granted by act of the 1995 General Assembly.
(qq) From and after July 1, 1995, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before July 1, 1993, shall be increased by seven-tenths of one percent (0.7%) of the allowance payable on July 1, 1993, in accordance with G.S. 128-27(k). Furthermore, from and after July 1, 1995, the retirement allowance to or on account of beneficiaries whose retirement commenced after July 1, 1993, but before June 30, 1994, shall be increased by a prorated amount of seven-tenths of one percent (0.7%) of the allowance payable as determined by the Board of Trustees based upon the number of months that a retirement allowance was paid between July 1, 1993, and June 30, 1994."
Requested by: Senators Warren, Plyler, Perdue, Odom
RESTORE THE PROVISION FOR PURCHASE OF OUT-OF-STATE SERVICE IN THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM AND THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM
Sec. 7.23D. (a) G.S. 128-26 is amended by adding a new subsection to read:
"(j2) Notwithstanding any other provision of this Chapter, any member and any retired member as herein described may purchase creditable service previously rendered to any state, territory, or other governmental subdivision of the United States other than this State by paying a total lump-sum payment determined as follows:
(1) For members who completed 10 years of prior and current membership service, and retired members who completed 10 years of prior and current membership service prior to retirement, and whose current membership began on or before January 1, 1988, and who make such purchase within three years after first becoming eligible, the cost shall be an amount equal to the monthly compensation the member earned when he first entered current membership service, times the employee contribution rate at that time, times the months of service to be purchased, times two, with sufficient interest added thereto so as to equal the full cost of allowing such service, plus an administrative fee to be set by the Board of Trustees.
(2) For members who complete five years of prior and current membership service, and retired members who complete five years of prior and current membership service prior to retirement, and eligible members and retired members covered by subdivision (1) of this subsection, whose current membership began on or before January 1, 1988, but who did not or do not make such purchase within three years after first becoming eligible, the cost shall be an amount equal to the full liability of the service credits calculated on the basis of the assumptions used for the purposes of the actuarial valuation of the System's liabilities and shall take into account the retirement allowance arising on account of the additional service credits commencing at the earliest age at which the member could retire on an unreduced allowance, as determined by the Board of Trustees upon the advice of the consulting actuary, plus an administrative fee to be set by the Board of Trustees. Notwithstanding the foregoing provisions of this subsection that provide for the purchase of service credits, the term 'full liability' includes assumed postretirement allowance increases, as determined by the Board of Trustees, from the earliest age at which a member could retire on an unreduced service retirement allowance.
Creditable service under this subsection shall be allowed only at the rate of one year of out-of-state service for each two years of service in this State, with a maximum allowable of 10 years of out-of-state service. Such service is limited to full-time service which would be allowable under the laws governing this System. Credit will be allowed only if no benefit is allowable in another public retirement system as a result of the service."
(b) G.S. 135-4 is amended by adding a new subsection to read:
"(l1) Notwithstanding any other provision of this Chapter, any member and any retired member as herein described may purchase creditable service previously rendered to any state, territory, or other governmental subdivision of the United States other than this State by paying a total lump-sum payment determined as follows:
(1) For members who completed 10 years of membership service, and retired members who completed 10 years of membership service prior to retirement, whose current membership began on or before July 1, 1981, and who make such purchase within three years after first becoming eligible, the cost shall be an amount equal to the monthly compensation the member earned when he first entered current membership service, times the employee contribution rate at that time, times the months of service to be purchased, times two, with sufficient interest added thereto so as to equal the full cost of allowing such service, plus an administrative fee to be set by the Board of Trustees.
(2) For members who complete five years of membership service, and retired members who complete five years of membership service prior to retirement, and eligible members and retired members covered by subdivision (1) of this subsection, whose current membership began on or before July 1, 1981, but who did not or do not make such purchase within three years after first becoming eligible, the cost shall be an amount equal to the full liability of the service credits calculated on the basis of the assumptions used for the purposes of the actuarial valuation of the System's liabilities and shall take into account the retirement allowance arising on account of the additional service credits commencing at the earliest age at which the member could retire on an unreduced allowance, as determined by the Board of Trustees upon the advice of the consulting actuary, plus an administrative fee to be set by the Board of Trustees. Notwithstanding the foregoing provisions of this subsection that provide for the purchase of service credits, the term 'full liability' includes assumed postretirement allowance increases, as determined by the Board of Trustees, from the earliest age at which a member could retire on an unreduced service retirement allowance.
Creditable service under this subsection shall be allowed only at the rate of one year of out-of-state service for each two years of current membership service in this State, with a maximum allowable of 10 years of out-of-state service. Such service is limited to full-time service which would be allowable under the laws governing this System. Credit will be allowed only if no benefit is allowable in another public retirement system as a result of the service."
Requested by: Representatives Creech, Holmes, Esposito, Senators Plyler, Perdue, Odom
STATE EMPLOYEE HEALTH BENEFIT PLAN/INCREASED WELLNESS BENEFITS
Sec. 7.24. (a) G.S. 135-40.5 is amended by adding two new subsections to read:
"(e) Routine Diagnostic Examinations. – The Plan will pay one hundred percent (100%) of allowable charges for routine diagnostic examinations and tests, including Pap smears, breast, colon, rectal, and prostate exams, X rays, mammograms, blood and blood pressure checks, urine tests, tuberculosis tests, and general health checkups that are medically necessary for the maintenance and improvement of individual health but no more often than once every three years for covered individuals to age 40 years, once every two years for covered individuals to age 50 years, and once a year for covered individuals age 50 years and older, unless a more frequent occurrence is warranted by a medical condition when such charges are incurred in a medically supervised facility. Provided, however, that charges for such examinations and tests are not covered by the Plan when they are incurred to obtain or continue employment, to secure insurance coverage, to comply with legal proceedings, to attend schools or camps, to meet travel requirements, to participate in athletic and related activities, or to comply with governmental licensing requirements. The maximum amount payable under this subsection for a covered individual is one hundred fifty dollars ($150.00) per fiscal year.
(f) Immunizations. – The Plan will pay one hundred percent (100%) of allowable charges for immunizations for the prevention of contagious diseases as generally accepted medical practices would dictate when directed by an attending physician."
(b) G.S. 135-40.6(8)s. reads as rewritten:
"s. Routine Diagnostic Examinations: Allowable
charges for routine diagnostic examinations and tests, including Pap smears,
breast, colon, rectal, and prostate exams, X rays, mammograms, blood and blood
pressure checks, urine tests, tuberculosis tests, and general health checkups
that are medically necessary for the maintenance and improvement of individual
health but no more often than once every three years for covered individuals to
age 40 years, once every two years for covered individuals to age 55 50
years, and once a year for covered individuals age 55 50 years
and older, unless a more frequent occurrence is warranted by a medical
condition when such charges are incurred in a medically supervised facility.
Provided, however, that charges for such examinations and tests are not covered
by the Plan when they are incurred to obtain or continue employment, to secure
insurance coverage, to comply with legal proceedings, to attend schools or
camps, to meet travel requirements, to participate in athletic and related
activities or to comply with governmental licensing requirements. The
maximum amount payable under this subdivision is one hundred fifty dollars ($150.00)
per fiscal year."
(c) G.S. 135-40.6(8)t. is repealed.
Requested by: Representatives Creech, Holmes, Esposito, Senators Plyler, Perdue, Odom
STATE EMPLOYEE HEALTH BENEFIT PLAN/INCREASED LIFETIME BENEFIT
Sec. 7.25. Effective January 1, 1994, G.S. 135-40.9 reads as rewritten:
"§ 135-40.9. Maximum benefits.
The maximum lifetime benefit for each covered individual will
be one million dollars ($1,000,000). two million dollars
($2,000,000)."
Requested by: Representatives Creech, Holmes, Esposito, Senators Plyler, Perdue, Odom
STATE EMPLOYEE HEALTH BENEFIT PLAN/ORAL SURGERY BENEFITS
Sec. 7.26. G.S. 135-40.6(8)f. reads as rewritten:
"f. Dental Services: Oral surgery, including extraction of teeth, necessitated because of medical treatment. Dental surgery and appliances for mouth, jaw, and tooth restoration necessitated because of external violent and accidental means, such as the impact of moving body, vehicle collision, or fall occurring while an individual is covered under G.S. 135-40.3. No benefits are provided in connection with injury incurred in the act of chewing, nor for damage or breakage of an appliance such as bridge or denture being cleaned or otherwise not in normal mouth usage at the time of accident, nor for appliances for orthodontic treatment when a class of malocclusion, other than orthognathic, or cross bite has been diagnosed. Benefits for temporomandibular joint (TMJ) dysfunction appliance therapy are limited to cases where the TMJ dysfunction has been diagnosed as solely resulting from accidental means as certified by the attending practitioner and approved by the Claims Processor.
Benefits shall include extractions, fillings, crowns, bridges, or other necessary therapeutic and restorative techniques and appliances to reasonably restore condition and function to that existing immediately prior to the accident. Injury or breakage of existing appliances such as bridges and dentures is limited to repair of such appliances unless certified as damaged beyond repair."
Requested by: Representatives Creech, Holmes, Esposito, Senators Plyler, Perdue, Odom
STATE EMPLOYEE HEALTH BENEFIT PLAN/WAIVER OF INPATIENT HOSPITAL CERTIFICATION PENALTY
Sec. 7.27. G.S. 135-40.6(2)f. reads as rewritten:
"f. Prior to admission for scheduled inpatient hospitalization, the admitting physician shall contact the Plan and secure approval certification for an inpatient admission, including a length of stay, based upon clinical criteria established by the medical community, before any in-hospital benefits are allowed under G.S. 135-40.8(a). Immediately following an emergency or unscheduled inpatient hospitalization, the admitting physician shall contact the Plan and secure approval certification for the admission's length of stay before any in-hospital benefits are allowed under G.S. 135-40.8(a). Effective January 1, 1987, failure to secure certification, or denial of certification, shall result in in-hospital benefits being allowed at the rate maximum amount of out-of-pocket expenses established by G.S. 135-40.8(b). Denial of certification by the Plan shall be made only after contact with the admitting physician and shall be subject to appeal to the Executive Administrator and Board of Trustees. Inpatient hospital admission and length of stay certifications required by this subdivision do not apply to inpatient admissions outside of the United States. While approval certification for inpatient admissions is required to be initiated by the admitting physician, the employee or individual covered by the Plan shall be responsible for insuring that the required certification is secured. Failure to secure certification for inpatient hospitalization shall not result in a penalty to the employee or individual when approval would have been given if requested."
Requested by: Representatives Creech, Holmes, Esposito, Senators Plyler, Perdue, Odom
STATE EMPLOYEE HEALTH BENEFIT PLAN/RETIREE PREMIUMS BASED ON RETIREMENT SERVICE CREDIT
Sec. 7.28. (a) G.S. 135-40.2(a)(2) reads as rewritten:
"(2) Retired teachers, State employees, members of the General Assembly, and retired State law enforcement officers who retired under the Law Enforcement Officers' Retirement System prior to January 1, 1985. For employees first hired on and after October 1, 1995, and members of the General Assembly first taking office on and after October 1, 1995, future coverage as retired employees and retired members of the General Assembly is subject to a requirement that the future retiree have 20 or more years of retirement service credit in order to be covered by the provisions of this subdivision."
(b) G.S. 135-40.2 is amended by adding a new subsection to read:
"(a1) The following persons shall be eligible for coverage under the Plan, on a partially contributory basis, subject to the provisions of G.S. 135-40.3:
(1) Retired teachers, State employees, and members of the General Assembly with 10 but less than 20 years of retirement service credit, provided they were first hired or took office on or after October 1, 1995. For such future retirees, the State shall pay fifty percent (50%) of the Plan's total noncontributory premiums. Individual retirees shall pay the balance of the total noncontributory premiums not paid by the State."
(c) G.S. 135-40.2(b) is amended by adding a new subdivision to read:
"(11) Retired teachers, State employees, and members of the General Assembly with less than 10 years of retirement service credit, provided they were first hired or took office on or after October 1, 1995."
Requested by: Senators Plyler, Perdue, Odom
STATE EMPLOYEE HEALTH BENEFIT PLAN/INCREASED CHIROPRACTIC BENEFITS
Sec. 7.28B. G.S. 135-40.6(8)n. reads as rewritten:
"n. Chiropractic Services: Limited to the
alignment of the spine and releasing of pressure by manipulation in accordance
with the definitions in G.S. 90-143. Maximum benefits for x-rays,
manipulations, and modalities shall be one thousand dollars ($1,000) two
thousand dollars ($2,000) per fiscal year."
Requested by: Senators Plyler, Perdue, Odom, Representatives Holmes, Creech, Esposito
LRC STUDY CIVILIANIZATION
Sec. 7.29. Section 8.3 of Chapter 324 of the 1995 Session Laws reads as rewritten:
"Sec. 8.3. The Legislative Research Commission may study issues related to civilianizing certain State government law enforcement functions and positions, including the appropriate use of nonsworn, noncertified personnel in positions for which sworn status is not cost-effective or required. This study shall include the recommendations made by the Government Performance Audit Committee on civilianization to the 1993 General Assembly.
The Legislative Research Commission may study what positions should be included in the salary continuation provisions of G.S. 143-166.13(a).
The Legislative Research Commission may make an interim report, including any legislative recommendations, to the 1995 General Assembly, Regular Session 1996, and shall make a final report, including any legislative recommendations, to the 1997 General Assembly."
PART 8. GENERAL ASSEMBLY
Requested by: Representatives Gardner, Hayes, Nye, Senators Martin of Guilford, Forrester
BLUE RIBBON TASK FORCE ON THE MENTAL HEALTH SYSTEM
Sec. 8.1. (a) If the Mental Health Study Commission is not reauthorized by the 1995 General Assembly, Regular Session 1995, there is established in the General Assembly a Blue Ribbon Task Force on the Mental Health System. This task force shall study systemwide issues affecting the development, administration, and delivery of mental health services, including issues relating to the governance, accountability, and quality of services delivered.
(b) This Blue Ribbon Task Force on the Mental Health System shall be composed of 11 members appointed as follows:
(1) Four members of the House of Representatives at the time of their appointment, appointed by the Speaker of the House of Representatives;
(2) Four members of the Senate at the time of their appointment, appointed by the President Pro Tempore of the Senate;
(3) One member of Coalition 2001, appointed by the Governor;
(4) One member of the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, appointed by the Secretary of the Department of Human Resources; and
(5) One member of the Department of Insurance, appointed by the Commissioner of Insurance.
The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall each select a legislative member from their appointments to serve as cochair of the task force. Meetings shall be called at the will of the cochairs.
All members shall serve at the will of their appointing officer. Unless removed or unless resigning, members shall serve until the task force has made its report. Vacancies in membership shall be filled by the appropriate appointing officer.
(c) The Blue Ribbon Task Force on the Mental Health System may contract for consultant services as provided by G.S. 120-32.02. Upon approval of the Legislative Services Commission, the Legislative Administrative Officer shall assign professional and clerical staff to assist in the work of the task force. The professional staff shall include the appropriate staff from the Fiscal Research, Research, and Legislative Drafting Divisions of the Legislative Services Office of the General Assembly. Clerical staff shall be furnished to the task force through the offices of House of Representatives and Senate Supervisors of Clerks. The expenses of employment of the clerical staff shall be borne by the task force. The task force may meet in the Legislative Building or the Legislative Office Building upon the approval of the Legislative Services Commission. The task force, while in the discharge of official duties, may exercise all the powers provided under the provisions of G.S. 120-19 through G.S. 120-19.4, including the power to request all officers, agents, agencies, and departments of the State to provide any information and any data within their possession or ascertainable from their records, and the power to subpoena witnesses.
Members of the task force shall receive per diem, subsistence, and travel allowances as follows:
(1) Task force members who are members of the General Assembly, at the rate established in G.S. 120-3.1;
(2) Task force members who are officials or employees of the State or of local government agencies, at the rate established in G.S. 138-6; and
(3) All other task force members, at the rate established in G.S. 138-5.
(d) The Blue Ribbon Task Force shall report the results of its study, together with any legislative proposals and cost analyses, to the 1995 General Assembly, Regular Session 1996, within a week of its convening.
Requested by: Representatives Ives, Lemmond, Senator Warren
CONFIDENTIALITY OF DOCUMENTS USED TO PREPARE FISCAL NOTES
Sec. 8.2. G.S. 120-131.1(a) as enacted by Section 8.1 of Chapter 324 of the 1995 Session laws reads as rewritten:
"(a) A request made to an employee of a State
agency other than the General Assembly by an employee of the Fiscal Research
Division for assistance in the preparation of a fiscal note is confidential.
An employee of a State agency other than the General Assembly who receives such
a request or who learns of such a request made to another employee of his or
her agency shall reveal the existence of the request only to other employees of
the agency to the extent that it is necessary to respond to the request, and to
the employee's supervisor and to the Office of State Budget and Management.
All documents prepared by the employee in response to the request of the Fiscal
Research Division are also confidential and shall be kept confidential in the
same manner as the original request. request, except that documents
submitted to the Fiscal Research Division in response to the request cease to
be confidential under this section when the Fiscal Research Division releases a
fiscal note based on the documents."
Requested by: Representatives Ives, Lemmond, Culpepper, Senators Warren, Gulley
REVIEW GENERAL FUND FINANCIAL MODEL
Sec. 8.3. Of the funds appropriated in this act to the General Assembly, the sum of thirty-five thousand dollars ($35,000) for the 1995-96 fiscal year shall be used to conduct a review of the General Fund Financial Model. The review shall be coordinated by the Fiscal Research Division of the Legislative Services Office, and shall be completed on or before February 1, 1996.
Requested by: Senators Martin of Pitt, Jordan, Kerr, Representatives Mitchell, Weatherly
STUDY JOB TRAINING PROGRAMS
Sec. 8.5. (a) There is created the Joint Legislative Study Commission on Job Training Programs. The purpose of the Commission is to review State and federally funded job training programs currently in existence to determine the feasibility of eliminating or consolidating those which are duplicative, inefficient, or ineffective in carrying out their purposes and activities.
(b) The Commission shall consist of six members of the House of Representatives appointed by the Speaker of the House of Representatives and six members of the Senate appointed by the President Pro Tempore of the Senate. Members shall serve for the duration of the 1995-97 Session. Upon delivering its final report to the 1997 General Assembly the Commission shall expire. Vacancies on the Commission shall be filled by the appointing authority. The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each appoint one member to serve as cochair of the Commission.
(c) The Commission shall have the following powers and duties:
(1) To review State and federal laws, rules, and regulations pertaining to job training programs to determine the purpose of each program, the population served, and each program's annual outcomes in terms of type of training received, work search efforts, and job placement;
(2) To ascertain as far as possible the intention of the United States Congress with respect to continued funding of federally mandated job training programs, and any changes in funding formulae;
(3) To review the amount of State and federal dollars appropriated for each job training program conducted in this State, and to review federal requirements for continuous federal funding of the programs;
(4) To review the number of different State agencies that administer State and federal job training programs, the number of persons employed to implement each job training program, and the amount of State dollars needed annually to implement the program;
(5) To determine whether federally funded job training programs in this State may lawfully be abolished or reduced in size by the General Assembly, and the impact of such reduction or elimination;
(6) To conduct public hearings to receive citizen, State agency, and local government comment and experience with the job training programs;
(7) To conduct other studies or activities to aid the Commission in carrying out its purpose and duties; and
(8) To ensure program evaluation and accountability for all workforce development programs and to create a comprehensive statewide focus on workforce development
(d) The Commission shall make an interim report on its progress to the 1995 General Assembly, the Joint Legislative Commission on Governmental Operations, and the Joint Legislative Education Oversight Committee not later than May 1, 1996, and shall present its final report of findings and recommendations to the 1997 General Assembly, the Joint Legislative Commission on Governmental Operations, and the Joint Legislative Education Oversight Committee, upon its convening. The report shall identify each job training program operating in this State as of January 1, 1995, and shall recommend whether each program should be expanded, continued without change, abolished, consolidated with another program, or otherwise modified.
(e) Members of the Commission shall serve without pay but shall receive per diem and substance in accordance with Chapter 120 of the General Statutes. The facilities of the State Legislative Building and any other State office building used by the General Assembly shall be available to the Commission for its use.
(f) The Commission may use available clerical employees of the General Assembly, with the approval of the Legislative Services Commission. The Commission may, with the consent of the Legislative Services Commission, use employees of the Fiscal Research, Legislative Automated Systems, General Research, Legislative Drafting, and Public Information Divisions of the Legislative Services Commission.
(g) Notwithstanding G.S. 96-5(f), there is appropriated from the Worker Training Trust Fund to the General Assembly the sum of twenty-five thousand dollars ($25,000) for the 1995-96 fiscal year and the sum of twenty-five thousand dollars ($25,000) for the 1996-97 fiscal year to implement this section.
PART 9. OFFICE OF THE GOVERNOR
Requested by: Representatives Ives, Lemmond, Culpepper, Senators Warren, Gulley
TOTAL QUALITY MANAGEMENT PROGRAM
Sec. 9. For the 1995-96 fiscal year only, the provisions of G.S. 143-16.3 do not apply to the Total Quality Management Program in the Office of the Governor.
PART 10. OFFICE OF STATE BUDGET AND MANAGEMENT
Requested by: Representatives Ives, Lemmond, Senator Warren
LOCAL FIRE PROTECTION FUNDS
Sec. 10. The Office of State Budget and Management, in conjunction with the State Property Office, Department of Administration, shall study the current fire protection grant process. The Office of State Budget and Management shall report to the 1995 General Assembly, 1996 Regular Session, regarding its findings and recommendations.
In its study the Office of State Budget and Management and the State Property Office shall consider, but are not limited to, the following:
(1) Fire protection grant history by political subdivision;
(2) Inequities in the current grant process;
(3) Impact of declining proportional shares on a fixed appropriation;
(4) Improvements that could be made to the grant process, including:
a. An allocation based on current property values;
b. A method of updating property values over time; and
c. The recognition of fire protection funding requirements for new facilities.
Requested by: Senators Perdue, Martin of Pitt, Plyler, Odom, Rand, Jordan, Kerr, Representatives Mitchell, Weatherly
OSBM STUDY STATE-OWNED AIRCRAFT MODIFIED
Sec. 10.1. Section 10.4 of Chapter 324 of the 1995 Session Laws reads as rewritten:
"Sec. 10.4. The Office of State Budget and Management
shall study the use of State-owned aircraft aircraft, including
associated and ancillary equipment such as aerial photographic cameras and
related mapping services using instruments such as stereoplotters, and
shall report the results of its study to the Joint Legislative Commission on
Governmental Operations on or before April 1, 1996. The study shall include
consideration of the following:
(1) For each Department, the number and type of aircraft, the number of pilots, and the number and type of support personnel for aircraft.
(2) For each Department, the budget for aircraft, the source of funding for aircraft, the number of hours the aircraft is available, and the number of hours the aircraft is used.
(3) The feasibility and desirability of consolidating any or all State-owned aircraft operations.
(4) The feasibility and desirability of sharing of aircraft by Departments.
(5) The feasibility and desirability of Departments' contracting for aircraft services rather than owning their own aircraft.
(6) Compilation and review of Departments' policies regarding authorized passengers on the aircraft and which Departmental personnel is responsible for determining which passengers are authorized."
PART 11. DEPARTMENT OF ADMINISTRATION
Requested by: Senators Warren, Gulley, Representatives Ives, Lemmond, Culpepper
COST SHARING OF THE PERSONNEL MANAGEMENT INFORMATION SYSTEM
Sec. 11. The Office of State Personnel shall develop a proposed schedule of fees or charges to be paid by each department and university to cover data processing costs that exceed the appropriation made by the General Assembly for maintenance of the system. The Office of State Personnel shall present the recommendation for the fee schedule to the Joint Appropriations Subcommittee on General Government and to the Fiscal Research Division during the 1996 Regular Session of the 1995 General Assembly. Departments and universities shall have on-line access to all data on their employees and positions, as well as access to public information on all State employees.
Requested by: Representatives Ives, Lemmond, Culpepper, Senators Warren, Gulley
WORKERS' COMPENSATION COST CONTAINMENT PROGRAM PILOT
Sec. 11.1. The Office of State Budget and Management shall, after consultation with the Office of State Personnel, develop a pilot program that shall be known as the Workers' Compensation Cost Containment Program, to reduce the cost to State government of workers' compensation claims filed by State employees. The Office of State Budget and Management shall present the plans for the proposed pilot project to the Joint Legislative Commission on Governmental Operations for its comments and approval. Upon obtaining approval of the proposed pilot project from the Joint Legislative Commission on Governmental Operations, the Office of State Budget and Management may implement the pilot project, and shall choose, by a process of competitive bidding, a third-party administrator to manage claims processing.
Services provided by the third-party administrator shall include determination of compensability and related questions, incident reporting analysis, incident investigation, medical case management, disability management, and information management. Reimbursement to the third-party administrator shall be determined as a percentage of realized savings, calculated according to a methodology established by the Office of State Budget and Management. The Director of the Budget shall select agencies to participate in the pilot program and may transfer lapsed salary funds from the salary accounts of participating agencies to a Workers' Compensation Reserve Fund established in the Office of State Budget and Management for the purpose of paying workers' compensation claims of employees of the participating agencies.
On or before April 1, 1996, the Office of State Budget and Management, after consultation with the Office of State Personnel, shall submit to the General Assembly a report setting forth the status of the program, the results achieved, and recommendations for any further action by the General Assembly as may be required.
Requested by: Senators Warren, Gulley, Representatives Ives, Lemmond, Culpepper
GOVERNOR'S ADVOCACY COUNCIL FOR PERSONS WITH DISABILITIES
Sec. 11.2. The Department of Human Resources shall continue to provide the current office space for the four regional offices of the Governor's Advocacy Council for Persons with Disabilities or office space that is comparable to that now used by the Council.
Requested by: Senators Plyler, Warren, Gulley, Representatives Ives, Lemmond, Culpepper
CONSOLIDATE GRANTS PROCESS FOR CENTERS FOR VICTIMS OF DOMESTIC VIOLENCE
Sec. 11.3. (a) Federal and State grant funds are available for centers for victims of domestic violence and the North Carolina Coalition Against Domestic Violence. However, an applicant must apply to the Department of Human Resources to obtain a grant funded by federal funds and to the Council on the Status of Women, Department of Administration, to obtain a grant funded by State funds. To eliminate the needless duplication of time, effort, and review, the Department of Administration and the Department of Human Resources shall develop and implement a consolidated grant application form and process for centers for victims of domestic violence and the North Carolina Coalition Against Domestic Violence. The forms and process shall be developed and implemented by July 1, 1996.
(b) The Fiscal Research Division shall study the feasibility of consolidating the function of administering the federal and State grants for centers for victims of domestic violence and the North Carolina Coalition Against Domestic Violence and shall report to the 1995 General Assembly, 1996 Regular Session, regarding its findings and recommendations.
PART 11A. DEPARTMENT OF INSURANCE
Requested by: Senators Warren, Gulley, Representatives Ives, Lemmond, Culpepper
DECREASE CONSUMER PROTECTION FUND
Sec. 11A. (a) G.S. 58-2-215 reads as rewritten:
"§ 58-2-215. Consumer Protection Fund.
(a) A special fund is created in the Office of the State Treasurer, to be known as the Department of Insurance Consumer Protection Fund. The Fund shall be placed in an interest bearing account and any interest or other income derived from the Fund shall be credited to the Fund. Moneys in the Fund shall only be spent pursuant to warrants drawn by the Commissioner on the Fund through the State Treasurer. The Fund shall be subject to the provisions of the Executive Budget Act; except that the provisions of Article 3C of Chapter 143 of the General Statutes do not apply to subdivision (b)(1) of this section.
(b) All moneys credited to the Fund shall be used only to pay the following expenses incurred by the Department:
(1) For the purpose of retaining outside actuarial and economic consultants, legal counsel, and court reporting services in the review and analysis of rate filings, in conducting all hearings, and through any final adjudication.
(2) In connection with any delinquency proceeding under Article 30 of this Chapter, for the purpose of locating and recovering the assets of or any other obligations or liabilities owed to or due an insurer that has been placed under such proceeding.
(3) In connection with any civil litigation, other than under Chapter 150B of the General Statutes or any appeal from an order of the Commissioner or his deputies, that is commenced against the Commissioner or his deputies and that arises out of the performance of their official duties, for the purpose of retaining outside consultants, legal counsel, and court reporting services to defend such litigation.
(c) Moneys appropriated by the General Assembly shall
be deposited in the Fund and shall become a part of the continuation budget of
the Department of Insurance. Such continuation budget amount shall equal the
actual expenditures drawn from the Fund during the prior fiscal year plus the
official inflation rate designated by the Director of the Budget in the
preparation of the State Budget for each ensuing fiscal year; provided that if
interest income on the Fund exceeds the amount yielded by the application of
the official inflation rate, such continuation budget amount shall be the
actual expenditures drawn from the Fund. Fund, except that the
appropriation for the 1995-96 fiscal year shall not exceed the sum of seven
hundred fifty thousand dollars ($750,000) and for the 1996-97 fiscal year shall
not exceed the sum of two hundred fifty thousand dollars ($250,000). In the
event the amount in the Fund exceeds one million dollars ($1,000,000) at the
end of any fiscal year, two hundred fifty thousand dollars ($250,000) at
the end of any fiscal year, beginning with the 1995-96 fiscal year, such
excess shall revert to the General Fund.
(d) In no event shall more than seventy percent (70%) of the amount in the Fund be allocated or spent for any one purpose specified in subsection (b) of this section in any fiscal year."
(b) Effective July 1, 1996, G.S. 58-2-215(d) is repealed.
(c) Effective June 30, 1995, Section 31 of Chapter 1069 of the 1989 Session Laws, Regular Session 1990, reads as rewritten:
"Sec. 31. Section 23 of this act does not apply to the
1990 automobile rate filing made pursuant to Article 36 of Chapter 58 of the
General Statutes. Section 27 of this act shall expire at the end of the
1993-94 fiscal year and Section 28 shall become effective upon the expiration of
Section 27. If the General Assembly does not appropriate or transfer funds
in accordance with Sections 1, 22, 26, 27, or 28 of this act for a fiscal year,
Sections 1 through 14 and Sections 23 through 30 of this act shall expire on
the day after the General Assembly adjourns without making the appropriations
or transfers; and the statutes amended by Sections 2 through 14, 23, and 26
shall read as they did immediately prior to the effective date of this act."
PART 12. DEPARTMENT OF CULTURAL RESOURCES
Requested by: Senators Warren, Gulley, Representatives Ives, Lemmond, Culpepper
REPEAL CAPITOL PRESERVATION COMMISSION
Sec. 12. (a) Chapter 682 of the 1993 Session Laws is repealed.
(b) G.S. 121-9 is amended by adding a new subsection, which reenacts the law as it existed prior to July 1, 1995:
"(h) Preservation and Custodial Care of State Capitol. – The rotunda, corridors, and stairways of the first floor of the State Capitol and all portions of the second, third, and loft floors of the said building shall be placed in the custody of the Department of Cultural Resources; and the Department shall, subject to the availability of funds for the purpose, care for and administer these areas for the edification of present and future generations. The aforesaid areas shall be preserved as historic shrines and shall be maintained insofar as practicable as they shall appear following the restoration of the Capitol. The Department of Cultural Resources is authorized to deny the use of the legislative chambers for meetings in order that they, with their historic furnishings, may be better preserved for posterity; provided, however, that the General Assembly may hold therein such sessions as it may by resolution deem proper.
The Department of Cultural Resources is hereby entrusted with the responsibilities herein specified as being the agency with the experience best qualified to preserve and administer historic properties in a suitable manner. However, for the purposes of carrying out the provisions of this section, it is hereby directed that such cooperation and assistance shall be made available to the said Department of Cultural Resources and such labor supplied, as may be feasible, by the Department of Administration.
The offices and working areas of the first floor as well as all washrooms and the exterior of the Capitol shall remain under the jurisdiction of the Department of Administration: Provided, however, that the Department of Administration shall seek the advice of the Department of Cultural Resources in matters relating to any alteration, renovation, and furnishing of said offices and areas."
(c) This section is effective upon ratification.
Requested by: Representatives Ives, Lemmond, Senator Warren
TECHNICAL CORRECTION/EXECUTIVE MANSION CURATOR TRANSFERRED
Sec. 12.1. Section 11.1 of Chapter 324 of the 1995 Session Laws reads as rewritten:
"Sec. 11.1. The position of Executive Mansion Curator (position
number 4129-0101-0006-125) (position number 4149-0101-0006-125) is
transferred from the Department of Administration to the Department of Cultural
Resources. This transfer will permit the Department of Cultural Resources to
better maintain the historical personal properties of the Executive Mansion. This provision does not affect, in any way, the jurisdiction of the Department of
Administration over the Executive Mansion and its grounds."
Requested by: Representatives Ives, Lemmond, Senator Warren
NUMBER OF POSITIONS IN DEPARTMENT OF CULTURAL RESOURCES REDUCED
Sec. 12.2. Notwithstanding Section 28.2 of Chapter 324 of the 1995 Session Laws, there is a total reduction in the Continuation Budget Operations for the Department of Cultural Resources of 19.5 positions for the 1995-96 fiscal year and of 19.5 positions for the 1996-97 fiscal year. The revisions in Chapter 324 of the 1995 Session Laws, the Continuation Budget Operations Appropriations Act, for the Department of Cultural Resources for the 1995-96 fiscal year and for the 1996-97 fiscal year are as follows:
1995-96 1996-97
(1230) Archives and History ($90,618) R ($90,618) R
-3.00 -3.00
(1241) Historic Sites ($77,452) R ($77,452) R
-3.00 -3.00
(1270) Museum of History ($269,322) R ($269,322) R
-9.50 -9.50
(1320) Museum of Art ($29,495) R ($29,495) R
-1.00 -1.00
Requested by: Representatives Culpepper, Ives, Lemmond, Holmes, Creech, Esposito, Senators Warren, Gulley, Plyler, Perdue, Odom
NEWBOLD-WHITE HOUSE
Sec. 12.2A. (a) The North Carolina Historical Commission shall study:
(1) The feasibility and advisability of acquiring and operating the Newbold-White House together with adjacent lands now owned by the Perquimans County Historical Association in Perquimans County as a State Historic Site; and
(2) The cost to the State of operating and maintaining the Newbold-White House as a State Historic Site.
(b) The North Carolina Historical Commission shall report its findings and recommendations to the three cochairs of the Senate Appropriations and Base Budget Committee, the three cochairs of the House of Representatives Appropriations Committee, and the 1995 General Assembly, 1996 Regular Session.
Requested by: Senators Warren, Gulley, Representatives Ives, Lemmond, Culpepper
HISTORIC SITES REPAIRS AND RENOVATIONS FUNDS
Sec. 12.3. (a) Funds allocated in Section 5.3 of Chapter 324 of the 1995 Session Laws to the Office of State Budget and Management for the Repairs and Renovations Fund may be used to make needed repairs and renovations at the State Historic Sites.
(b) There is established the Historic Sites Repairs and Renovations Review Committee. The Committee shall consist of the following members: The three co-chairs of the Senate Appropriations and Base Budget Committee and the three co-chairs of the House of Representatives Appropriations Committee. The Office of State Budget and Management shall submit its proposal for the use of funds from the Repairs and Renovations Fund for historic sites to the Committee before submitting the proposal to the Joint Legislative Commission on Governmental Operations in accordance with Section 5.3 of Chapter 324 of the 1995 Session Laws.
Requested by: Senators Warren, Gulley, Plyler, Perdue, Odom, Representatives Ives, Lemmond, Culpepper, Holmes, Creech, Esposito
GRANTS TO PUBLIC LIBRARIES
Sec. 12.4. (a) Funds in the amount of two million dollars ($2,000,000) appropriated in this act to the Department of Cultural Resources for the 1995-96 fiscal year shall be used as grants-in-aid for public libraries to assist in the purchase of books or for construction costs of public libraries and public school libraries. The Secretary of Cultural Resources shall award grants authorized by this section.
(b) The Department of Cultural Resources shall report to the Fiscal Research Division by December 1, 1995, regarding the grants made in accordance with this section.
Requested by: Senators Warren, Gulley, Representatives Ives, Lemmond, Culpepper
GRANTS TO LOCAL MUSEUMS
Sec. 12.5. (a) Funds in the amount of two million dollars ($2,000,000) appropriated in this act to the Department of Cultural Resources for the 1995-96 fiscal year shall be used as grants-in-aid for local museums. The Secretary of Cultural Resources may require a match by non-State funds as deemed appropriate.
(b) The Department of Cultural Resources shall report to the Fiscal Research Division by December 1, 1995, regarding the grants made in accordance with this section.
Requested by: Senators Warren, Gulley, Representatives Ives, Lemmond, Culpepper
ROANOKE ISLAND COMMISSION
Sec. 12.6. (a) G.S. 143B-131.1 reads as rewritten:
"§ 143B-131.1. Commission established.
There is established the Roanoke Island Commission. The
Commission shall be an independent commission, but shall be located
within the Department of Cultural Resources for organizational, budgetary,
and administrative historic resource management, organizational, and
budgetary purposes.”
(b) G.S. 143B-131.2 reads as rewritten:
"§ 143B-131.2. Roanoke Island Commission – Powers Purpose, powers, and duties.
(a) The Commission is created to combine various existing entities in the spirit of cooperation for a cohesive body to protect, preserve, develop, and interpret the historical and cultural assets of Roanoke Island. The Commission is further created to operate and administer the Elizabeth II State Historic Site and Visitor Center, the Elizabeth II, Ice Plant Island, and all other properties under the administration of the Department of Cultural Resources located on Roanoke Island having historical significance to the State of North Carolina, Dare County, or the Town of Manteo, except as otherwise determined by the Commission.
(b) The Commission may: shall have the
following powers and duties:
(1) Advise To advise the Secretary of
Transportation and adopt rules on matters pertaining to, affecting, and
encouraging restoration, preservation, and enhancement of the appearance and
appearance, maintenance, and aesthetic quality of U.S. Highway
64/264 and N.C. 400 travel corridors on Roanoke Island. Island and
the grounds on Ice Plant Island.
(2) Advise the Secretary of the Department of
Cultural Resources and adopt rules on matters pertinent to the operation and
maintenance of To operate the Elizabeth II State Historic Site and Visitor Center and the Elizabeth II as permanent memorials commemorating the Roanoke
Voyages, 1584-1587.
(3) Advise the Secretary of the Department of
Cultural Resources and adopt rules on matters pertinent to To supervise the
development of Ice Plant Island and to manage future facilities in
cooperation with the Department of Cultural Resources. facilities.
(4) Advise To advise the Secretary of the
Department of Cultural Resources on matters pertinent to historical and
cultural events on Roanoke Island.
(5) With the assistance of the Department of Cultural
Resources, to identify, preserve, and protect properties located on
Roanoke Island having historical significance to the State of North Carolina, Dare County, or the Town of Manteo consistent with applicable State laws and Department rules.
(6) Make recommendations to the Secretary of the
Department of Cultural Resources for establishing and providing a proper To
establish and collect a charge for admission to the ship, and for the
maintenance and operation of the ship, the visitor center, and the grounds as a
permanent memorial and exhibit. any property or event operated by the
Commission.
(7) Solicit To solicit and accept gifts,
grants, and donations.
(8) Cooperate To cooperate with the
Secretary and Department of Cultural Resources, the Secretary and Department of
Transportation, the Secretary and Department of Environment, Health, and
Natural Resources, and other governmental agencies, officials, and entities,
and provide them with assistance and advice.
(9) Adopt To adopt and enforce such
bylaws, rules, regulations, and guidelines that the Commission deems to
be reasonably necessary in order to carry out its powers and duties. Chapter
150B of the General Statutes does not apply to the adoption of rules by the
Commission.
(10) Establish To establish and maintain a "Roanoke
Island Commission Fund”separate fund composed of moneys which may
come into its hands from gifts, donations, grants, or bequests, which funds
will be used by the Commission for purposes of carrying out its duties and
purposes herein set forth. The Commission may also establish a reserve
fund to be maintained and used for contingencies and emergencies.
(11) By cooperative arrangement with other agencies, groups, individuals, and other entities, to coordinate and schedule historical and cultural events on Roanoke Island.
(12) Make recommendations to the Secretary of Cultural Resources concerning personnel and budgetary matters.
(13) Acquire To acquire real and personal
property by purchase, gift, bequest, devise, and exchange.
(14) To administer the Roanoke Island Commission Fund and the Roanoke Island Commission Endowment Fund as provided in G.S. 143B-131.8.
(b) Contract Authority. – The Commission may
(15) To procure supplies, services, and
property as appropriate and may to enter into contracts, leases,
or other legal agreements consistent with State laws and Department rules to
carry out the purposes of this Part and duties of the Commission.”
(c) Part 27A of Article 2 of Chapter 143B of the General Statutes is amended by adding the following sections:
"§ 143B-131.8. Roanoke Island Commission Fund; Roanoke Island Commission Endowment Fund.
(a) The Roanoke Island Commission Fund is established as a nonreverting Fund and shall be administered by the Roanoke Island Commission. Seventy-five percent (75%) of the revenues collected from any property operated by the Roanoke Island Commission shall be credited to the Fund. In addition, gifts, donations, grants, or bequests received by the Commission for the purpose of carrying out its duties and purposes may also be deposited in the Fund.
The funds in the Roanoke Island Commission Fund shall be used for the expenses of the Roanoke Island Commission and the operation and maintenance of properties operated by the Commission.
(b) The Roanoke Island Commission Endowment Fund is established as a nonreverting Fund and shall be administered by the Commission. Twenty-five percent (25%) of the revenue collected from any property operated by the Roanoke Island Commission shall be credited to the Fund. Until July 1, 2000, the revenues credited to the Roanoke Island Commission Endowment Fund and the interest earned on the revenue shall be held in reserve to create the principal for the Fund.
On and after July 1, 2000, eighty percent (80%) of the interest generated by the principal in the Roanoke Island Commission Endowment Fund shall be used by the Roanoke Island Commission to carry out its duties and purposes as set out by this Part. The Roanoke Island Commission may also use those interest funds for capital expenditures for the properties operated by the Commission.
"§ 143B-131.9. Roanoke Island Commission staff.
The Commission shall appoint and fix the salary of an Executive Director to serve at its pleasure and may hire other employees. Employees of the Commission who were transferred from the Department of Cultural Resources as of July 1, 1995, and who were subject to the State Personnel Act, Chapter 126 of the General Statutes, at the time of the transfer shall continue to be subject to that act. Employees of the Commission who were transferred but were not subject to the State Personnel Act at the time of transfer are not subject to the State Personnel Act. Employees of the Commission who were not transferred are not subject to the State Personnel Act unless the Commission designates the employee's position as subject to the State Personnel Act when the employee is hired. Once designated, a position remains subject to the State Personnel Act unless exempted in accordance with that act.
"§ 143B-131.10. Exceptions.
Notwithstanding G.S. 143-28, the following provisions do not apply to this Part: G.S. 143-16.3 and G.S. 143-23."
(d) The personnel, personal property, and unexpended balances of appropriations, allocations, or other funds for the Elizabeth II State Historic Site and Visitor Center, the Elizabeth II, and the Roanoke Island Commission are transferred from the Department of Cultural Resources to the Roanoke Island Commission.
(e) This section is effective upon ratification.
PART 13. STATE BOARD OF ELECTIONS
Requested by: Representatives Lemmond, Ives, Culpepper, Senators Warren, Gulley
STATE BOARD OF ELECTIONS AUTHORITY TO SELL SOFTWARE FOR CAMPAIGN REPORTING
Sec. 13.1. (a) G.S. 66-58(c) as amended by Chapter 247 of the 1995 Session Laws reads as rewritten:
"(c) The provisions of subsection (a) shall not prohibit:
(1) The sale of products of experiment stations or test farms.
(2) The sale of learned journals, works of art, books or publications of the Department of Cultural Resources or other agencies, or the Supreme Court Reports or Session Laws of the General Assembly.
(3) The business operation of endowment funds established for the purpose of producing income for educational purposes; for purposes of this section, the phrase 'operation of endowment funds' shall include the operation by public postsecondary educational institutions of campus stores, the profits from which are used exclusively for awarding scholarships to defray the expenses of students attending the institution; provided, that the operation of such stores must be approved by the board of trustees of the institution, and the merchandise sold shall be limited to educational materials and supplies, gift items and miscellaneous personal-use articles. Provided further that sales at campus stores are limited to employees of the institution and members of their immediate families, to duly enrolled students of the campus at which a campus store is located and their immediate families, to duly enrolled students of other campuses of the University of North Carolina other than the campus at which the campus store is located, to other campus stores and to other persons who are on campus other than for the purpose of purchasing merchandise from campus stores. It is the intent of this subdivision that campus stores be established and operated for the purpose of assuring the availability of merchandise described in this Article for sale to persons enumerated herein and not for the purpose of competing with stores operated in the communities surrounding the campuses of the University of North Carolina.
(4) The operation of lunch counters by the Department of Human Resources as blind enterprises of the type operated on January 1, 1951, in State buildings in the City of Raleigh.
(5) The operation of a snack bar and cafeteria in the State Legislative Building.
(6) The maintenance by the prison system authorities of eating and sleeping facilities at units of the State prison system for prisoners and for members of the prison staff while on duty, or the maintenance by the highway system authorities of eating and sleeping facilities for working crews on highway construction or maintenance when actually engaged in such work on parts of the highway system.
(7) The operation by penal, correctional or facilities operated by the Department of Human Resources or by the State Department of Agriculture, of dining rooms for the inmates or clients or members of the staff while on duty and for the accommodation of persons visiting such inmates or clients, and other bona fide visitors.
(8) The sale by the Department of Agriculture of livestock, poultry and publications in keeping with its present livestock and farm program.
(9) The operation by the public schools of school cafeterias.
(10) Sale by any State correctional or other institution of farm, dairy, livestock or poultry products raised or produced by it in its normal operations as authorized by the act creating it.
(11) The sale of textbooks, library books, forms, bulletins, and instructional supplies by the State Board of Education, State Department of Public Instruction, and local school authorities.
(12) The sale of North Carolina flags by or through the auspices of the Department of Administration, to the citizens of North Carolina.
(13) The operation by the Department of Correction of forestry management programs on State-owned lands, including the sale on the open market of timber cut as a part of such management program.
(14) The operation by the Department of Correction of facilities to manufacture and produce traffic and street name signs for use on the public streets and highways of the State.
(15) The operation by the Department of Correction of facilities to manufacture and produce paint for use on the public streets and highways of the State.
(16) The performance by the Department of Transportation of dredging services for a unit of local government.
(17) The sale by the State Board of Elections to political committees and candidate committees of computer software designed by or for the State Board of Elections to provide a uniform system of electronic filing of the campaign finance reports required by Article 22A of Chapter 163 of the General Statutes and to facilitate the State Board's monitoring of compliance with that Article. This computer software for electronic filing of campaign finance reports shall not exceed a cost of one hundred dollars ($100.00) to any political committee or candidate committee without the State Board of Elections first notifying in writing the Joint Legislative Commission on Governmental Operations."
(b) The funds appropriated in this act to the State Board of Elections for the purchase of developing computer software to provide a uniform system of electronic filing of campaign finance reports shall be expended for development of software for use by the State Board of Elections and political committees or candidate committees.
Requested by: Representatives Ives, Lemmond, Culpepper, Senators Warren, Gulley
FUNDS FOR STATEWIDE COMPUTERIZED VOTER REGISTRATION.
Sec. 13.2. (a) The State Board of Elections shall promulgate rules for a statewide computerized voter registration system following the basic client-server design of Alternative C and D as described in the Needs Assessment and Requirements Analysis report prepared pursuant to Section 16 of Chapter 762 of the 1993 Session Laws, Regular Session 1994. Those rules shall include data format standards, data communication standards, and data content standards. The State Board of Elections shall promulgate those rules, including the standards, no later than July 1, 1996. Counties shall adhere to the rules and standards no later than July 1, 1997. The statewide computerized voter registration system shall utilize current technology and be consistent with State standards. That system shall be developed by the State Board of Elections and processed on the computer/servers of the State Information Processing Services Division of the Office of the State Controller.
(b) There are established two reserve funds, to be known as the Reserve Fund for Statewide Computerized Voter Registration/Central Server Component and the Reserve Fund for Statewide Computerized Voter Registration/County Grants Component. The reserve funds shall be funded as follows:
(1) For the 1995-96 fiscal year, funds in the amount of one million five hundred thousand dollars ($1,500,000) shall be transferred from the reserve fund created by Section 16(b) of Chapter 769 of the 1993 Session Laws, Regular Session 1994, to the Reserve Fund for Statewide Computerized Voter Registration/Central Server Component. The State Board of Elections shall use those funds for software development, communications and computer charges, and data conversion charges to implement the central server component of the system designed by the rules promulgated under subsection (a) of this section. The State Board of Elections shall use no more than four hundred forty thousand dollars ($440,000) of those funds to purchase hardware, office furniture, and the services of time-limited computer personnel.
(2) Of the funds appropriated in this act for the 1996-97 fiscal year to the State Board of Elections, the sum of three million five hundred thousand dollars ($3,500,000) shall be deposited in the Reserve Fund for Statewide Computerized Voter Registration/County Grants Component, to be used by the State Board of Elections for grants-in-aid to counties to purchase computer equipment, data communication charges, data conversion, computer consultants or time-limited personnel at the State Board of Elections, travel, education, and training to ensure that all counties' minimum needs for participation in the statewide computerized voter registration system are met. Any additional needs beyond the minimum required for system participation are the responsibility of the counties. The State Board of Elections shall develop and issue rules related to a grant process for grant applications and grant awards to counties. The rules shall be developed and issued no later than February 15, 1996. Grants-in-aid to county boards of elections shall be awarded no later than July 31, 1996. The rules shall provide that the computerized voter registration system has uniform quality statewide, and the grants shall be issued in such a way as to achieve that goal within available resources. In developing the rules, the State Board of Elections shall consider giving special attention to:
a. Low-wealth counties;
b. Counties that have demonstrated a willingness to invest in computer infrastructure; and
c. Counties that demonstrate a willingness to provide matching funds.
(c) The State Board of Elections may spend money from the reserve funds created by subsection (b) of this section only after the State Board of Elections and the Information Resource Management Commission have jointly approved and presented a detailed implementation plan for statewide computerized voter registration to the Joint Legislative Commission on Governmental Operations. That implementation plan shall include:
(1) A description of the system being implemented;
(2) A description of the system's capabilities;
(3) An itemized estimate of the costs of the system, with a justification for each item;
(4) A list of the counties to be brought into the system during the fiscal year;
(5) A project management plan.
After their initial joint report, the State Board of Elections and the Information Resource Management Commission shall make quarterly joint reports to the Joint Legislative Commission on Governmental Operations, describing the status of the project, listing the counties that have been brought into the system and that are planned to be brought into the system, and the costs.
(d) To the extent that this section or action taken under it conflicts with G.S. 163-82.11 through G.S. 163-82.13 or Section 16 of Chapter 769 of the 1993 Session Laws, this section or those actions prevail to the extent of the conflict. Except to the extent of the conflict, Section 16 of Chapter 769 of the 1993 Session Laws remains in effect.
PART 15. COLLEGES AND UNIVERSITIES
Requested by: Representatives Grady, Preston, Senators Plexico, Winner
MEHARRY MEDICAL COLLEGE
Sec. 15. The Board of Governors of The University of North Carolina shall develop and implement a plan to recruit and attract graduates of Meharry Medical College who are North Carolina residents for whom State financial support was provided to Meharry Medical College. The Board's plan shall include informing the students of the State support, providing information about medical residency opportunities in North Carolina, and any other relevant information about opportunities for medical and dental practice in North Carolina. The Office of Rural Health and the Area Health Education Centers shall assist the Board in developing and implementing the plan. The Board shall include State supported graduates of Meharry Medical College in its monitoring report required by G.S. 143-613(d) on primary care physicians. Meharry Medical College shall supply information necessary for the Board to comply with this section.
Requested by: Representatives Grady, Preston, Ramsey, Cummings, Senators Plexico, Winner, Conder
SCHOOL OF SCIENCE AND MATHEMATICS
Sec. 15.1. G.S. 116-235 (b) reads as rewritten:
"(b) Students. –
(1) Admission of Students. – The School shall admit
students in accordance with criteria, standards, and procedures established by
the Board of Trustees. To be eligible to be considered for admission, an
applicant must be a legal resident of the State, as defined by G.S. 116-143.1;
116-143.1(a)(1); eligibility to remain enrolled in the School shall
terminate at the end of any school year during which a student becomes a
nonresident of the State. The Board of Trustees shall ensure, insofar as
possible without jeopardizing admission standards, that an equal number of
qualified rising high school juniors is admitted to the program and to the
residential summer institutes in science and mathematics from each of North
Carolina's congressional districts. In no event shall the differences in
the number of rising high school juniors offered admission to the program from
each of North Carolina's congressional districts be more than two and one-half
percentage points from the average number per district who are offered
admission.
(2) School Attendance. – Every parent, guardian, or other person in this State having charge or control of a child who is enrolled in the School and who is less than 16 years of age shall cause such child to attend school continuously for a period equal to the time which the School shall be in session. No person shall encourage, entice, or counsel any child to be unlawfully absent from the School. Any person who aids or abets a student's unlawful absence from the School shall, upon conviction, be guilty of a Class 3 misdemeanor. The Director of the School shall be responsible for implementing such additional policies concerning compulsory attendance as shall be adopted by the Board of Trustees, including regulations concerning lawful and unlawful absences, permissible excuses for temporary absences, maintenance of attendance records, and attendance counseling.
(3) Student Discipline. – Rules of conduct governing students of the School shall be established by the Board of Trustees. The Director, other administrative officers, and all teachers, substitute teachers, voluntary teachers, teacher aides and assistants, and student teachers in the School may use reasonable force in the exercise of lawful authority to restrain or correct pupils and maintain order."
Requested by: Representatives Fox, Grady, Preston, Senators Plexico, Winner, Kerr
UNC VISUAL IMPAIRMENT TEACHER TRAINING CURRICULUM
Sec. 15.2. (a) The Board of Governors of The University of North Carolina shall select a school of education from within The University of North Carolina and direct the school to establish an interstate consortium of universities located in the southeastern United States with the following purposes:
(1) To collaboratively devise an appropriate curriculum for the training of teachers to work with visually impaired students.
(2) To seek foundation grants to support the cooperative program of teacher education.
(3) To work together in the implementation and operation of the program providing the needed training experiences for students from those states that become a part of the consortium.
(b) The school of education designated by the Board of Governors of The University of North Carolina to establish the interstate consortium shall try to recruit one university from each of the states in the southeastern United States. The program developed by the interstate consortium shall be operated at the school of education designated by the Board of Governors to undertake the project and shall utilize technology for long-distance learning within the State and among the other states in the consortium. The program shall be funded by all states participating in the consortium in addition to grants obtained by the consortium.
(c) The program designed by the consortium shall be implemented collaboratively with the North Carolina Department of Human Resources through the Division of Services for the Blind. The Governor Morehead School shall be used as a clinical site for the students in the program. The program shall be designed to meet certification requirements that are set by the licensing agencies in the states participating in the consortium. The program shall offer a masters degree in visual impairments and shall also offer courses for special education teachers to enable them to extend their certification to include visual impairments.
(d) The Board of Governors of The University of North Carolina shall report to the Joint Legislative Education Oversight Commission by March 1, 1996, regarding the progress in implementing this section.
Requested by: Representatives Grady, Preston, Senators Plexico, Winner, Hoyle
UNC CAPITAL IMPROVEMENT PRIORITIES
Sec. 15.3. (a) The Board of Governors of The University of North Carolina shall develop a capital improvement request process that can be used to make its capital priorities across campuses known to the General Assembly. This process shall include needs criteria based on mission, enrollment, adequacy of facilities, the functional age of the facilities, utilization of facilities and other objective factors.
(b) The Board of Governors shall report to the Joint Legislative Education Oversight Committee by April 1, 1996, regarding the development of the capital improvement request process.
Requested by: Representatives Grady, Preston, Rogers, Senators Plexico, Winner, Warren
ECU MEDICAL SCHOOL RECEIPTS
Sec. 15.4. Chapter 116 of the General Statutes is amended by adding a new section to read:
"§ 116-36.6. East Carolina University School of Medicine; Medicare receipts.
The East Carolina University School of Medicine shall request, on a regular basis consistent with the State's cash management plan, funds earned by the School from Medicare reimbursements for education costs. Upon receipt, these funds shall be allocated as follows:
(1) The portion of the Medicare reimbursement generated through the effort and expense of the School of Medicine's Medical Faculty Practice Plan shall be transferred to the appropriate Medical Faculty Practice Plan account within the School of Medicine. The Medical Faculty Practice Plan shall assume responsibility for any of these funds that subsequently must be refunded due to final audit settlements.
(2) The funds from this source budgeted by the General Assembly as part of the School of Medicine's General Fund budget code shall be credited to that code as a receipt.
(3) The remainder of the funds shall be transferred to a special fund account on deposit with the State Treasurer. This special fund account shall be used for any necessary repayment of Medicare funds due to final audit settlements for funds allocated under subdivision (2) of this subsection. When the amount of these reimbursement funds has been finalized by audit for each year, those funds remaining in the special fund shall be available for specific capital improvement projects for the East Carolina University School of Medicine. Requests by East Carolina University for use of these funds shall be made to the Board of Governors of The University of North Carolina. Approval of projects by the Board of Governors shall be reported to the Joint Legislative Commission on Governmental Operations, and the reports shall include projected costs and sources of funds for operation of the approved projects."
Requested by: Senators Plexico, Winner, Conder, Representatives Grady, Preston, Cummings
STATE EDUCATION ASSISTANCE AUTHORITY/FEDERAL MATCHING FUNDS
Sec. 15.5. Funds appropriated in Chapter 324 of the 1995 Session Laws to the Board of Governors of The University of North Carolina for use by the State Education Assistance Authority to match federal grants under the Federal State Student Incentive Grant program shall remain available to assist needy students in meeting postsecondary education expenses irrespective of the receipt by the State Education Assistance Authority of any federal funds for such purpose. In the event federal funds are not available for such purposes, the eligibility for funds under this section shall be limited to resident students attending a constituent institution of The University of North Carolina, a community college as defined by G.S. 115D-2(2), or a private institution as defined by G.S. 116-22(1).
Requested by: Representatives Grady, Preston, Senators Perdue, Plexico, Rand, Winner, Odom, Plyler
MILITARY PERSONNEL/BUDGETING OF SUMMER SCHOOL CREDIT HOURS
Sec. 15.6. For State budget purposes, credit hours taken in summer school at a constituent institution of The University of North Carolina by military personnel as defined in G.S. 116-143.3(a) and G.S. 116-143.3(b) shall be budgeted as resident credit hours.
Requested by: Representatives Grady, Preston, Senators Plexico, Winner
REPORTS ON UNC VENDING FACILITIES
Sec. 15.7. G.S. 116-36.4 reads as rewritten:
"§ 116-36.4. Vending facilities.
The Board of Governors shall, not later than October 1 of
each year, review an itemized annual report in a format to be determined by the
Office of State Budget and Management Each institution shall provide to
the director of the Budget and the State Auditor such information as they may
from time to time require concerning the use of net proceeds from
operations of vending facilities for the previous fiscal year under G.S.
116-36.1. Net proceeds may be used only as authorized by the Board of
Governors, but this section does not authorize expenditures for purposes not
otherwise authorized by law. The report shall be itemized by campus and by
authorized purpose. The Board shall also review an annual report from the UNC
Hospitals, monitoring compliance with G.S. 143-12.1(f1). A copy of the report
shall be provided to the Fiscal Research Division of the Legislative Services
Office."
Requested by: Senators Plexico, Winner, Conder, Representatives Grady, Preston, Cummings
ALLIED HEALTH PROFESSIONS
Sec. 15.8. Of the funds provided to the Board of Governors for expansion funding through receipts, the amount of one million seven hundred thousand dollars ($1,700,000) each fiscal year of the biennium shall be allocated for expansion of program offerings and enrollment for training of allied health professionals.
Requested by: Representatives Grady, Preston, Cummings, Senators Plexico, Winner, Conder
AHEC/SCHOOL OF NURSING CENTERS
Sec. 15.9. Of the funds provided to the Board of Governors of The University of North Carolina for expansion funding through receipts for University Institutional Programs, the sum of two million dollars ($2,000,000) shall be allocated each year of the biennium for the Area Health Education Centers for initiatives in primary care and training of mid-level practitioners. Of these additional funds, the sum of twenty-five thousand dollars ($25,000) shall be used to increase funding for the Raleigh School of Nurse Anesthesia from fifty thousand dollars ($50,000) to seventy-five thousand dollars ($75,000) per year.
Requested by: Representatives Grady, Preston, Cummings, Senators Plexico, Winner, Conder
UNC PILOT OFF-CAMPUS SITES
Sec. 15.10. Of the funds provided to the Board of Governors of The University of North Carolina for expansion funding through receipts in this act, one million dollars ($1,000,000) each fiscal year shall be used to establish pilot degree programs at sites located away from the campuses of the constituent institutions and to expand educational opportunities at those sites. The Board shall consider sites on community college campuses, especially those with a higher proportion of college transfer student enrollment, sites easily accessible to military personnel and other citizens, and sites remote from the constituent institutions' main campuses. Funds may be used to fund campuses for full-time equivalent enrollment at those sites, to improve library collections for the programs offered at the site, or for other purposes deemed appropriate by the Board.
The Board shall report to the Joint Education Oversight Committee on this effort by December 1996.
Requested by: Representatives Grady, Preston, Cummings, Senators Plexico, Winner, Conder
AGRICULTURE EDUCATION PROGRAM FUNDS
Sec. 15.11. (a) Of the funds provided to the Board of Governors of The University of North Carolina, the sum of five hundred eighty-five thousand dollars ($585,000) for the 1995-96 fiscal year and the sum of five hundred eighty-five thousand dollars ($585,000) for the 1996-97 fiscal year shall be allocated to the College of Agriculture and Life Sciences at North Carolina State University for personnel positions and related office and travel expenses to provide overall leadership, coordination, and structure for agricultural education programs and Future Farmers of America activities in the public schools of North Carolina.
(b) The positions in this section are:
(1) A State Agricultural Education Coordinator, located in the Department of Agricultural and Extension Education at North Carolina State University;
(2) Three Regional Consultants who are responsible to the State Agricultural Education Coordinator; and
(3) A State Future Farmers of America Director, who is responsible to the State Agricultural Education Coordinator and the Board of Directors of the North Carolina Association of Future Farmers of America, Incorporated. The Executive Director and staff of the North Carolina Future Farmers of America Foundation are provided by the North Carolina Future Farmers of America Foundation, Incorporated, and the Director and staff of the North Carolina Future Farmers of America Center are provided by the North Carolina Association of Future Farmers of America, Inc.
(c) The Office of the Governor and the State Board of Education, the Superintendent of Public Instruction, and other State agencies responsible for vocational and technical education in the public schools shall maintain close working relationships with the State Agricultural Education Coordinator. The State Agricultural Education Coordinator and those agencies shall cooperate and collaborate to provide resources that will ensure quality agricultural education programs in the public schools.
Requested by: Senators Odom, Perdue, Plyler, Plexico, Rand, Winner, Representatives Grady, Preston, Cummings
SELECTION OF DISTINGUISHED PROFESSORS
Sec. 15.12. G. S. 116-41.18 is amended by adding a new subsection to read:
"(a1) No rule shall prevent the constituent institutions of The University of North Carolina from selecting holders of Distinguished Professorships from among existing faculty members or newly hired faculty members."
Requested by: Senators Martin of Guilford, Plexico, Winner, Conder, Representatives Grady, Preston, Cummings
NORTH CAROLINA A & T STATE UNIVERSITY APPLIED MANUFACTURING AND EDUCATION CENTER
Sec. 15.13. Funds in the amount of three million five hundred thousand dollars ($3,500,000) were appropriated in Section 6 of Chapter 561 of the 1993 Session Laws to the Board of Governors for the Applied Manufacturing and Education Center at North Carolina Agricultural and Technical State University. The remainder of those funds may be used by North Carolina Agricultural and Technical State University for the 1995-96 fiscal year and for the 1996-97 fiscal year for capital, operating, and equipment expenses of the Piedmont Triad Center for Advanced Manufacturing.
All funds expended for equipment shall be for the Piedmont Triad Center for Advanced Manufacturing, and shall remain under the ownership of this entity or North Carolina Agricultural and Technical State University.
Requested by: Senator Rand
ACADEMIC ENHANCEMENT FUNDS
Sec. 15.15. (a) Notwithstanding G.S. 116-143, the Board of Trustees of a constituent institution designated as a Research University I campus of The University of North Carolina may increase tuition at the constituent institution by an amount not to exceed four hundred dollars ($400.00) per full-time student per regular term academic year. All additional revenues derived from these tuition increases shall remain for use on that campus and are in addition to the operating budgets approved by the General Assembly. If the Board of Trustees of an institution increases tuition, the chancellor must allocate a minimum of thirty-five percent (35%) of the funds provided by the tuition increase for need-based financial aid. The balance of the funds may be allocated for faculty salaries or library budgets. Students who are already receiving need-based financial aid or who are eligible for need-based financial aid shall have their financial aid awards increased to cover the tuition increase allowed under this subsection. Funding for these financial aid increases shall be the top priority for use of the financial aid funds provided in this subsection, but any source of funds may be used to cover the tuition increases for students receiving need-based financial aid.
(b) Notwithstanding G.S. 116-143, the Board of Trustees of a constituent institution of The University of North Carolina which has a professional school (law, medicine, dentistry, pharmacy, and veterinary medicine) or masters degree in Business Administration may increase tuition for students in the professional school by an amount not to exceed three thousand dollars ($3,000) per full-time nonresident student per regular term academic year or by an amount not to exceed four hundred dollars ($400.00) per full-time resident student per regular term academic year. If the Board of Trustees of an institution increases tuition for students in a professional school, the funds provided by the increase shall remain on that campus and be used to enhance that professional school. In no case shall a student attending a professional school be subject to a tuition increase allowable under this section greater than the amounts stated in this subsection.
(c) Once a Board of Trustees decides to increase tuition at a constituent institution, the institution shall notify the Board of Governors, the Office of State Budget and Management, and the Fiscal Research Division of the amount of increase, additional receipts anticipated, and the allocation of the funds among various programs in a format prescribed by the Board of Governors of The University of North Carolina.
(d) No employee of the University of North Carolina System who earns one hundred thousand dollars ($100,000) or more a year shall receive additional remuneration from these funds.
Requested by: Senators Winner, Plexico, Conder, Representatives Grady, Preston, Cummings
UNC/UNIFORM REVERSION RATE
Sec. 15.16. G.S. 116-30.3 reads as rewritten:
"§ 116-30.3. Reversions.
(a) Of the General Fund current operations
appropriations credit balance remaining at the end of each fiscal year in
each budget code of a special responsibility constituent institution at the
close of a fiscal year, institution, except for the budget code of the
Area Health Education Centers of the University of North Carolina at Chapel
Hill, any amount greater than the percentage of the General Fund
appropriations historically reverted to the State treasury over the preceding
five fiscal years, multiplied by the General Fund appropriations for that
budget code, two percent (2%) of the General Fund appropriation for that
fiscal year may be carried forward by the institution to the next fiscal
year and may be used for one-time expenditures that will not impose additional
financial obligations on the State. Of the General Fund current operations
appropriations credit balance remaining in the budget code of the Area Health
Education Centers of the University of North Carolina at Chapel Hill, any
amount greater than one percent (1%) of the General Fund appropriation for that
fiscal year may be carried forward in that budget code to the next fiscal year
and may be used for one-time expenditures that will not impose additional
financial obligations on the State. However, the amount carried forward
under this section shall not exceed two and one-half percent (2 1/2%) of the
General Fund appropriation. The historic reversion percentage shall be
determined by the Director of the Budget, after making adjustments for
allotment reductions made to meet revenue shortfalls and to force credit
balances during the preceding five fiscal years under the authority set forth
in G.S. 143-25. The Director of the Budget, under the authority set
forth in G.S. 143-25, shall establish the General Fund current operations
credit balance remaining in each budget code of each institution.
(b) Any special responsibility constituent
institution that does not revert a percentage of the General Fund
appropriations for the budget code equal to the five-year historic reversion
rate established in this section An institution shall cease to be a
special responsibility constituent institution under the following
circumstances:
(1) An institution, other than the Area Health Education Centers of the University of North Carolina, does not revert at least two percent (2%) of its General Fund current operations credit balance remaining in each budget code of that institution, or
(2) The Area Health Education Centers of the University of North Carolina at Chapel Hill does not revert at least one percent (1%) of its General Fund current operations credit balance remaining in its budget code.
unless the Board of Governors
finds that the low reversion rate is due to adverse and unforeseen conditions.
In this instance, However, if the Board of Governors finds that the low
reversion rate is due to adverse and unforeseen conditions, the Board may
allow the institution to remain a special responsibility constituent
institution for one year to come into conformity with this section. The Board
may make this exception only one time for any special responsibility
constituent institution, and shall report these exceptions to the Joint
Legislative Commission on Governmental Operations."
Requested by: Senators Plexico, Winner, Hoyle, Conder, Representatives Grady, Preston, Cummings
UNC MISSION
Sec. 15.17. G.S. 116-1 reads as rewritten:
"§ 116-1. Purpose.
(a) In order to foster the development of a well-planned and coordinated system of higher education, to improve the quality of education, to extend its benefits and to encourage an economical use of the State's resources, the University of North Carolina is hereby redefined in accordance with the provisions of this Article.
(b) The University of North Carolina is a public, multicampus university dedicated to the service of North Carolina and its people. It encompasses the 16 diverse constituent institutions and other educational, research, and public service organizations. Each shares in the overall mission of the university. That mission is to discover, create, transmit, and apply knowledge to address the needs of individuals and society. This mission is accomplished through instruction, which communicates the knowledge and values and imparts the skills necessary for individuals to lead responsible, productive, and personally satisfying lives; through research, scholarship, and creative activities, which advance knowledge and enhance the educational process; and through public service, which contributes to the solution of societal problems and enriches the quality of life in the State. In the fulfillment of this mission, the university shall seek an efficient use of available resources to ensure the highest quality in its service to the citizens of the State.
Teaching and learning constitute the primary service that the university renders to society. Teaching, or instruction, is the primary responsibility of each of the constituent institutions. The relative importance of research and public service, which enhance teaching and learning, varies among the constituent institutions, depending on their overall missions."
Requested by: Senator Plexico
UNC-ASHEVILLE/KELLOGG CENTER FUNDS
Sec. 15.18. Of the funds appropriated to the Board of Governors of The University of North Carolina for capital improvements the sum of five hundred thousand dollars ($500,000) for the 1995-96 fiscal year shall be used for the Kellogg Center at the University of North Carolina at Asheville as a repository of mountain crafts.
Requested by: Senators Kerr, Winner, Plexico, Conder, Representatives G. Wilson, Sherrill, Grady, Preston, Cummings
NCSU FORESTRY GENETICIST FUNDS
Sec. 15.19. Of the funds provided through receipts to the Board of Governors of The University of North Carolina the sum of one hundred fifty thousand dollars ($150,000) for the 1995-96 fiscal year and the sum of one hundred fifty thousand dollars ($150,000) for the 1996-97 fiscal year shall be used for North Carolina State University to establish and maintain a forestry geneticist position and support services dedicated to the development and use of the best genetic stock from the North Carolina Christmas tree industry. The purpose of this appropriation is to serve the Christmas tree industry in all regions of the State.
Requested by: Senators Plexico, Winner, Conder, Representatives Grady, Preston, Cummings
UNC TELEVISION TOWER REPAIR FUNDS
Sec. 15.20. Of the funds allocated to the Board of Governors of The University of North Carolina in Section 5.3 of Chapter 324 of the 1995 Session Laws for the 1995-96 fiscal year, at least five hundred thousand dollars ($500,000) shall be used to repair the University of North Carolina television tower in Columbia.
Requested by: Representatives Grady, Preston, Cummings, Senators Plexico, Winner
TECHNOLOGY TRAINING FUNDS TO SUPPORT EDUCATION
Sec. 15.21. Of the funds provided to the Board of Governors of The University of North Carolina for expansion funding through receipts, the sum of one million five hundred thousand dollars ($1,500,000) for computing and technology in 1995-96 shall be used for technology equipment in schools of education to support technology training efforts in the public schools.
PART 16. COMMUNITY COLLEGES
Requested by: Representatives Grady, Preston, Senators Winner, Plexico
CONTINUING BUDGET CONCEPT MODIFIED
Sec. 16.1. The State Board of Community Colleges shall implement the continuing budget concept for the 1995-97 biennium and in subsequent years as follows:
(1) Community colleges that experience a decline in enrollment shall not receive a decrease in full-time equivalent student (FTE) enrollment funds until their enrollment declines more than five percent (5%). At that time, they shall experience a decline of only the amount over five percent (5%);
(2) Community colleges that experience an increase in enrollment shall not receive an increase in full-time equivalent student (FTE) enrollment funds until their enrollment increases more than three percent (3%). At that time, they shall experience an increase of only the amount over three percent (3%).
Requested by: Representatives Grady, Preston, Cummings, Senators Plexico, Winner, Conder
FUNDS FOR "RETOOLING FOR THE YEAR 2000: GAINING THE COMPETITIVE EDGE"
Sec. 16.3. The funds appropriated in this act for the North Carolina Community College System shall be used to implement the provisions of G.S. 115D-8, "Retooling for the Year 2000: Gaining the Competitive Edge". These funds shall be for the following priorities in order to improve the ability of citizens to be competitive in the global economy:
(1) Improve training programs in high job demand skill areas;
(2) Enhance allied health programs, including nursing, physical, occupational, and respiratory therapy, and increase the number of trained students in these fields;
(3) Provide more technology education in order to ensure that all students are technologically proficient in today's workplace. More infrastructure, equipment, and highly trained faculty will be needed in this area;
(4) Increase short-term skill enhancement training through improved occupational extension training programs;
(5) Provide funds for high cost programs;
(6) Develop more "workplace literacy” programs at job sites in order to improve job security and advancement opportunities for workers;
(7) Provide more customized training for existing industries through the expansion of Focused Industrial Training (FIT) Centers;
(8) Improve opportunities for faculty to keep up-to-date with the latest technological changes in their fields by funding more professional development and return-to-industry programs; and
(9) Enhance all associate degree programs and facilitate the transfer of students with associate degrees pursuing baccalaureate degrees.
The State Board of Community Colleges shall adopt the "Education Blueprint" in accordance with G.S. 115D-8 and shall continue to provide its "Critical Success Factors" document in order to provide the General Assembly with the accountability for the expenditure of funds for the "Retooling for the Year 2000” programs.
Requested by: Representatives Grady, Preston, Senators Plexico, Winner
RECEIPT ADJUSTMENT
Sec. 16.4. The Office of State Budget and Management and the Department of Community Colleges shall adjust annual tuition receipts for full-time equivalent students to reflect actual collections from the previous year, but shall not reduce the total requirements in their budget requests to the General Assembly.
The State Board of Community Colleges shall report to the Joint Legislative Education Oversight Committee on an annual basis on the cost of the tuition and fee exemptions established in G.S. 115D-5(b).
Requested by: Senators Perdue, Plexico, Winner, Conder, Representatives Grady, Preston, Cummings
MISSION OF THE COMMUNITY COLLEGE SYSTEM
Sec. 16.7. (a) The General Assembly hereby designates the North Carolina Community College System as the primary lead agency for delivering job training, literacy, and adult education programs in the State. The State Board of Community Colleges shall study the facility and equipment needs of the System in order to fulfill this role. In addition, the Community College System shall develop strategies for cooperating with other State agencies in the delivery of workforce preparedness services.
(b) The Governor shall direct all State agencies to compile an inventory of all State and federal funds in their budgets for workforce preparedness and to prepare a plan for cooperating with the Community College System in the delivery of these programs.
(c) The results of the studies, inventories, and plans listed in subsections (a) and (b) of this section shall be reviewed by the State Education Cabinet and reported to the Joint Legislative Education Oversight Committee by March 15, 1996.
(d) If the United States Congress consolidates workforce preparedness programs into a block grant, it is the intent of the General Assembly for the Community College System to be the primary provider of job training, literacy, and adult education programs and services.
(e) Nothing in this section shall affect the authority of the Governor to act as the grant recipient for the receipt of federal funds.
PART 17. PUBLIC SCHOOLS
Requested by: Representatives Grady, Preston, Cummings, Senators Winner, Plexico, Conder
EXCEPTIONAL CHILDREN FUNDS
Sec. 17. (a) The funds appropriated for exceptional children in Chapter 324 of the 1995 Session Laws shall be allocated as follows:
(1) Each local school administrative unit shall receive for academically gifted children the sum of $680.21 per child for three and nine-tenths percent (3.9%) of the 1994-95 actual average daily membership in the local school administrative unit, regardless of the number of children identified as academically gifted in the local school administrative unit. The total number of children for which funds shall be allocated pursuant to this subdivision is 44,609 for the 1995-96 school year.
(2) Each local school administrative unit shall receive for exceptional children other than academically gifted children the sum of $2,040.63 per child for the lesser of (i) all children who are identified as exceptional children other than academically gifted children or (ii) twelve and five-tenths percent (12.5%) of the 1994-95 actual average daily membership in the local school administrative unit. The maximum number of children for which funds shall be allocated pursuant to this subdivision is 131,642 for the 1995-96 school year.
(3) Each local school administrative unit in which more than twelve and five-tenths percent (12.5%) of the 1994-95 actual average daily membership are identified as exceptional children other than academically gifted children shall receive $427.35 per child in excess of the twelve and five-tenths percent (12.5%). These funds shall be used only for nonrecurring expenditures and other expenditures for exceptional children other than academically gifted children that do not impose future obligations on the State or local governments.
The dollar amounts allocated under this subsection for exceptional children shall also increase in accordance with legislative salary increments for personnel who serve exceptional children.
(b) The State Board of Education shall transfer part of these funds to a new allotment category for central office administrators, in accordance with the provisions of Chapter 450 of the 1995 Session Laws.
(c) The State Board of Education shall evaluate and review (i) the current process and criteria for designating students as children with special needs and (ii) the adequacy of State funding for children with special needs. The State Board shall report the results of its evaluation and review to the Joint Legislative Education Oversight Committee prior to March 15, 1996.
Requested by: Representatives Grady, Preston, Cummings, Senators Winner, Plexico, Conder
SUPPLEMENTAL FUNDING IN LOW-WEALTH COUNTIES
Sec. 17.1. (a) Funds for supplemental funding. – The General Assembly finds that it is appropriate to provide supplemental funds in low-wealth counties to allow those counties to enhance the instructional program and student achievement; therefore, of the funds appropriated to Aid to Local School Administrative Units, the sum of forty-one million four hundred eighty-three thousand eight hundred nine dollars ($41,483,809) for the 1995-96 fiscal year and the sum of ($41,483,809) for the 1996-97 fiscal year shall be used for supplemental funds for schools.
(b) Use of funds for supplemental funding. – Local school administrative units shall use funds received pursuant to this section only to provide instructional positions, instructional support positions, teacher assistant positions, clerical positions, instructional supplies and equipment, staff development, and textbooks; Provided, however, local school administrative units may also use up to ten percent (10%) of these funds for salary supplements for instructional personnel and instructional support personnel.
(c) Definitions. – As used in this section:
(1) "Anticipated county property tax revenue availability" means the county adjusted property tax base multiplied by the effective State average tax rate.
(2) "Anticipated total county revenue availability" means the sum of the
a. Anticipated county property tax revenue availability,
b. Local sales and use taxes received by the county that are levied under Chapter 1096 of the 1967 Session Laws or under Subchapter VIII of Chapter 105 of the General Statutes,
c. Food stamp exemption reimbursement received by the county under G.S. 105-164.44C,
d. Homestead exemption reimbursement received by the county under G.S. 105-277.1A,
e. Inventory tax reimbursement received by the county under G.S. 105-275.1 and G.S. 105-277A,
f. Intangibles tax distribution and reimbursement received by the county under G.S. 105-213 and G.S. 105-213.1, and
g. Fines and forfeitures deposited in the county school fund
for the most recent year for which data are available.
(3) "Anticipated total county revenue availability per student" means the anticipated total county revenue availability for the county divided by the average daily membership of the county.
(4) "Anticipated State average revenue availability per student" means the sum of all anticipated total county revenue availability divided by the average daily membership for the State.
(5) "Average daily membership" means average daily membership as defined in the North Carolina Public Schools Allotment Policy Manual, adopted by the State Board of Education. If a county contains only part of a local school administrative unit, the average daily membership of that county includes all students who reside within the county and attend that local school administrative unit.
(6) "County adjusted property tax base" shall be computed as follows:
a. Subtract the present-use value of agricultural land, horticultural land, and forestland in the county, as defined in G.S. 105-277.2, from the total assessed real property valuation of the county,
b. Adjust the resulting amount by multiplying by a weighted average of the three most recent annual sales assessment ratio studies,
c. Add to the resulting amount the:
1. Present-use value of agricultural land, horticultural land, and forestland, as defined in G.S. 105-277.2,
2. Value of property of public service companies, determined in accordance with Article 23 of Chapter 105 of the General Statutes, and
3. Personal property value for the county.
(7) "County adjusted property tax base per square mile" means the county adjusted property tax base divided by the number of square miles of land area in the county.
(8) "County wealth as a percentage of State average wealth" shall be computed as follows:
a. Compute the percentage that the county per capita income is of the State per capita income and weight the resulting percentage by a factor of five-tenths,
b. Compute the percentage that the anticipated total county revenue availability per student is of the anticipated State average revenue availability per student and weight the resulting percentage by a factor of four-tenths,
c. Compute the percentage that the county adjusted property tax base per square mile is of the State adjusted property tax base per square mile and weight the resulting percentage by a factor of one-tenth,
d. Add the three weighted percentages to derive the county wealth as a percentage of the State average wealth.
(9) "Effective county tax rate" means the actual county tax rate multiplied by a weighted average of the three most recent annual sales assessment ratio studies.
(10) "Effective State average tax rate" means the average of effective county tax rates for all counties.
(10a) For the 1995-96 fiscal year, "local current expense funds” means the most recent county current expense appropriations to public schools, as reported by counties in the annual county financial information report to the State Treasurer. For the 1996-97 fiscal year, "local current expense funds” means the most recent county current expense appropriations to public schools, as reported by local boards of education in the audit report filed with the Secretary of the Local Government Commission pursuant to G.S. 115C-447.
(11) "Per capita income" means the average for the most recent three years for which data are available of the per capita income according to the most recent report of the United States Department of Commerce, Bureau of Economic Analysis, including any reported modifications for prior years as outlined in the most recent report.
(12) "Sales assessment ratio studies" means sales assessment ratio studies performed by the Department of Revenue under G.S. 105-289(h).
(13) For the 1995-96 fiscal year, "State average current expense appropriations per student" means the most recent State total of county current expense appropriations to public schools, as reported by counties in the annual county financial information report to the State Treasurer. For the 1996-97 fiscal year, "State average current expense appropriations per student” means the most recent State total of county current expense appropriations to public schools, as reported by local boards of education in the audit report filed with the Secretary of the Local Government Commission pursuant to G.S. 115C-447.
(14) "State average adjusted property tax base per square mile" means the sum of the county adjusted property tax bases for all counties divided by the number of square miles of land area in the State.
(14a) "Supplant" means to decrease local per student current expense appropriations from one fiscal year to the next fiscal year.
(15) "Weighted average of the three most recent annual sales assessment ratio studies" means the weighted average of the three most recent annual sales assessment ratio studies in the most recent years for which county current expense appropriations and adjusted property tax valuations are available. If real property in a county has been revalued one year prior to the most recent sales assessment ratio study, a weighted average of the two most recent sales assessment ratios shall be used. If property has been revalued the year of the most recent sales assessment ratio study, the sales assessment ratio for the year of revaluation shall be used.
(d) Eligibility for funds. – Except as provided in subsection (h) of this section, the State Board of Education shall allocate these funds to local school administrative units located in whole or in part in counties in which the county wealth as a percentage of the State average wealth is less than one hundred percent (100%).
(e) Allocation of funds. – Except as provided in subsection (g) of this section, the amount received per average daily membership for a county shall be the difference between the State average current expense appropriations per student and the current expense appropriations per student that the county could provide given the county's wealth and an average effort to fund public schools. (To derive the current expense appropriations per student that the county could be able to provide given the county's wealth and an average effort to fund public schools, multiply the county wealth as a percentage of State average wealth by the State average current expense appropriations per student.)
The funds for the local school administrative units located in whole or in part in the county shall be allocated to each local school administrative unit, located in whole or in part in the county, based on the average daily membership of the county's students in the school units.
If the funds appropriated for supplemental funding are not adequate to fund the formula fully, each local school administrative unit shall receive a pro rata share of the funds appropriated for supplemental funding.
(f) Formula for distribution of supplemental funding pursuant to this section only. – The formula in this section is solely a basis for distribution of supplemental funding for low-wealth counties and is not intended to reflect any measure of the adequacy of the educational program or funding for public schools. The formula is also not intended to reflect any commitment by the General Assembly to appropriate any additional supplemental funds for low-wealth counties.
(g) Minimum effort required. – A county that (i) maintains an effective county tax rate that is at least one hundred percent (100%) of the effective State average tax rate in the most recent year for which data are available or (ii) maintains a county appropriation per student to the school local current expense fund of at least one hundred percent (100%) of the current expense appropriations per student to the school local current expense fund that the county could provide given the county's wealth and an average effort to fund public schools, shall receive full funding under this section. A county that maintains a county appropriation per student to the school local current expense fund of less than one hundred percent (100%) of the current expense appropriations per student to the school local current expense fund that the county could provide given the county's wealth and an average effort to fund public schools shall receive funding under this section at the same percentage that the county's appropriation per student to the school local current expense fund is of the current expense appropriations per student to the school local current expense fund that the county could provide given the county's wealth and an average effort to fund public schools.
(h) Nonsupplant requirement. – A county in which a local school administrative unit receives funds under this section shall use the funds to supplement local current expense funds and shall not supplant local current expense funds. For the 1995-97 fiscal biennium, the State Board of Education shall not allocate funds under this section to a county found to have used these funds to supplant local per student current expense funds. The State Board of Education shall make a finding that a county has used these funds to supplant local current expense funds in the prior year, or the year for which the most recent data are available, if:
(1) The current expense appropriation per student of the county for the current year is less than ninety-five percent (95%) of the average of the local current expense appropriations per student for the three prior fiscal years; and
(2) The county cannot show (i) that it has remedied the deficiency in funding, or (ii) that extraordinary circumstances caused the county to supplant local current expense funds with funds allocated under this section.
The State Board of Education shall adopt rules to implement this section.
(i) Reports. – The State Board of Education shall report to the Joint Legislative Education Oversight Committee prior to May 1, 1996, on its analysis of whether counties supplanted funds.
(j) Department of Revenue reports. – The Department of Revenue shall provide to the Department of Public Instruction a preliminary report for the current fiscal year of the assessed value of the property tax base for each county prior to March 1 of each year and a final report prior to May 1 of each year. The reports shall include for each county the annual sales assessment ratio and the taxable values of (i) total real property, (ii) the portion of total real property represented by the present-use value of agricultural land, horticultural land, and forestland as defined in G.S. 105-277.2, (iii) property of public service companies determined in accordance with Article 23 of Chapter 105 of the General Statutes, and (iv) personal property.
Requested by: Representatives Grady, Preston, Cummings, Senators Winner, Plexico, Conder
SMALL SCHOOL SYSTEM SUPPLEMENTAL FUNDING
Sec. 17.2. (a) Funds for small school systems. – Except as provided in subsection (b) of this section, the State Board of Education shall allocate funds appropriated for small school system supplemental funding (i) to each county school administrative unit with an average daily membership of less than 3,150 students and (ii) to each county school administrative unit with an average daily membership of from 3,150 to 4,000 students if the county in which the local school administrative unit is located has a county adjusted property tax base per student that is below the State adjusted property tax base per student and if the total average daily membership of all local school administrative units located within the county is from 3,150 to 4,000 students. The allocation formula shall:
(1) Round all fractions of positions to the next whole position.
(2) Provide five and one-half additional regular classroom teachers in counties in which the average daily membership per square mile is greater than four and seven additional regular classroom teachers in counties in which the average daily membership per square mile is four or less.
(3) Provide additional program enhancement teachers adequate to offer the standard course of study.
(4) Change the duty-free period allocation to one teacher assistant per 400 average daily membership.
(5) Provide a base for the consolidated funds allotment of at least one hundred fifty thousand dollars ($150,000), excluding textbooks.
(6) Allot vocational education funds for grade 6 as well as for grades 7-12.
If funds appropriated for each fiscal year for small school system supplemental funding are not adequate to fund fully the program, the State Board of Education shall reduce the amount allocated to each county school administrative unit on a pro rata basis. This formula is solely a basis for distribution of supplemental funding for certain county school administrative units and is not intended to reflect any measure of the adequacy of the educational program or funding for public schools. The formula is also not intended to reflect any commitment by the General Assembly to appropriate any additional supplemental funds for such county administrative units.
(b) Nonsupplant requirement. – A county in which a local school administrative unit receives funds under this section shall use the funds to supplement local current expense funds and shall not supplant local current expense funds. For the 1995-97 fiscal biennium, the State Board of Education shall not allocate funds under this section to a county found to have used these funds to supplant local per student current expense funds. The State Board of Education shall make a finding that a county has used these funds to supplant local current expense funds in the prior year, or the year for which the most recent data are available, if:
(1) The current expense appropriation per student of the county for the current year is less than ninety-five percent (95%) of the average of the local current expense appropriations per student for the three prior fiscal years; and
(2) The county cannot show (i) that it has remedied the deficiency in funding, or (ii) that extraordinary circumstances caused the county to supplant local current expense funds with funds allocated under this section.
The State Board of Education shall adopt rules to implement this section.
(c) Phase-out provision. – If a local school administrative unit becomes ineligible for funding under this formula solely because of an increase in population or an increase in the county adjusted property tax base per student of the county in which the local school administrative unit is located, funding for that unit shall be phased-out over a two year period. For the first year of ineligibility, the unit shall receive the same amount it received for the prior fiscal year. For the second year of ineligibility, it shall receive half of that amount.
(d) Definitions. – As used in this section:
(1) "Average daily membership" means within two percent (2%) of the average daily membership as defined in the North Carolina Public Schools Allotment Policy Manual, adopted by the State Board of Education.
(2) "County adjusted property tax base per student" means the total assessed property valuation for each county, adjusted using a weighted average of the three most recent annual sales assessment ratio studies, divided by the total number of students in average daily membership who reside within the county.
(2a) For the 1995-96 fiscal year, "local current expense funds" means the most recent county current expense appropriations to public schools, as reported by counties in the annual county financial information report to the State Treasurer. For the 1996-97 fiscal year, "local current expense funds” means the most recent county current expense appropriations to public schools, as reported by local boards of education in the audit report filed with the Secretary of the Local Government Commission pursuant to G.S. 115C-447.
(3) "Sales assessment ratio studies" means sales assessment ratio studies performed by the Department of Revenue under G.S. 105-289(h).
(4) "State adjusted property tax base per student" means the sum of all county adjusted property tax bases divided by the total number of students in average daily membership who reside within the State.
(4a) "Supplant" means to decrease local per student current expense appropriations from one fiscal year to the next fiscal year.
(5) "Weighted average of the three most recent annual sales assessment ratio studies" means the weighted average of the three most recent annual sales assessment ratio studies in the most recent years for which county current expense appropriations and adjusted property tax valuations are available. If real property in a county has been revalued one year prior to the most recent sales assessment ratio study, a weighted average of the two most recent sales assessment ratios shall be used. If property has been revalued the year of the most recent sales assessment ratio study, the sales assessment ratio for the year of revaluation shall be used.
(e) Reports. – The State Board of Education shall report to the Joint Legislative Education Oversight Committee prior to May 1, 1996, on the results of its analysis of whether counties supplanted funds.
Requested by: Senators Winner, Plexico, Conder, Representatives Grady, Preston, Cummings
SCHOOL TECHNOLOGY RESERVE
Sec. 17.3. The funds in the amount of forty-two million dollars ($42,000,000) appropriated for the 1994-95 fiscal year to the Office of State Budget and Management, School Technology Reserve, are transferred to the State Board of Education, State School Technology Fund. These funds shall be allocated by the State Board of Education to the credit of local school administrative units as follows:
(1) Ten percent (10%) of these funds shall be allocated in accordance with the low-wealth county supplemental school funding formula set out in Section 138 of Chapter 321 of the 1993 Session Laws, as rewritten by Section 19.32 of Chapter 769 of the 1993 Session Laws; and
(2) Ninety percent (90%) of these funds shall be allocated on the basis of average daily membership: Provided, however, the State Board shall use part of these funds, as necessary, to ensure that the sum total of the allocations to all of the local school administrative units located within each county is at least $50,000.
Before a local school technology plan is approved by the State Board of Education, a local board of education may use up to ten percent (10%) of the funds credited to it in the Fund to develop its local school technology plan or, to the extent that these funds are not needed to develop the local school technology plan, for staff development to improve the use of instructional technology. After a local school technology plan is reviewed by the Department of Public Instruction and the Information Resources Management Commission and approved by the State Board of Education, a local board of education may use the remainder of these funds for nonpersonnel expenses to implement its local school technology plan, including staff development, hardware, software, networks, maintenance contracts, and school facility modifications necessary for the installation of equipment.
Two or more local school administrative units may jointly expend funds to develop their individual local school technology plans, for staff development, or to implement their individual local school technology plans.
Requested by: Representatives Grady, Preston, Cummings, Senators Winner, Plexico, Conder
LITIGATION RESERVE
Sec. 17.4. (a) Funds appropriated to the Department of Public Instruction for the 1994-95 fiscal year for the Litigation Reserve that are not expended or encumbered on June 30, 1995, are transferred to the State Board of Education. These funds shall not revert on July 1, 1995, but shall remain available for expenditure until June 30, 1997.
(b) The State Board of Education may expend up to five hundred thousand dollars ($500,000) for the 1995-96 fiscal year from unexpended funds for certified employees' salaries to pay expenses related to pending litigation.
(c) Subsection (a) of this section becomes effective June 30, 1995.
Requested by: Representatives Grady, Preston, Senators Winner, Plexico
EDUCATION EXPENDITURE REPORT DUE DATE
Sec. 17.5. G.S. 105-503(b) reads as rewritten:
"(b) On or before February 15 May 1 of
each year the Local Government Commission shall furnish to the General Assembly
a report of the level of each county's appropriations for public school capital
outlay (including retirement of indebtedness incurred and monies reserved for
these purposes), include the amount each county has provided for public school
capital outlay for a period including at a minimum the most recent five fiscal
years, estimates of public school facility needs, the proportion of revenue
from taxes collected under Article 40 of this Chapter that has been provided
for public school capital outlay purposes (including retirement of indebtedness
incurred and monies reserved for these purposes), the proportion of revenue
collected under this Article that has been expended for a public school capital
outlay purposes (including retirement of indebtedness incurred and monies
reserved for these purposes), and any other factors it deems relevant to
carrying out the intent stated in subsection (a) of this section."
Requested by: Representatives Grady, Preston, Senators Winner, Plexico
ELIMINATION OF OBSOLETE REPORTS ON MAINTENANCE CONTRACTS; EXCHANGE OF INFORMATION WITHIN STATE EDUCATION AGENCIES
Sec. 17.6. (a) Section 38(b) of Chapter 500 of the 1989 Session Laws is repealed.
(b) Section 6 of Chapter 880 of the 1991 Session Laws reads as rewritten:
"Sec. 6. A joint report of progress made to develop a
system to provide an exchange of information shall be made to the Joint
Legislative Education Oversight Committee no later than February 15, 1993,
and annually thereafter. 1996."
Requested by: Representatives Grady, Preston, Cummings, Senators Winner, Plexico, Conder
EXPANSION BUDGET APPROPRIATIONS OF SAVINGS FROM THE REORGANIZATION OF THE DEPARTMENT OF PUBLIC INSTRUCTION
Sec. 17.7. Of the funds appropriated to State Aid to Local School Administrative Units, the State Board of Education shall allocate the sum of nine million three hundred eighteen thousand four hundred thirty-six dollars ($9,318,436) for the 1995-96 fiscal year and the sum of ten million six hundred sixty-five thousand two hundred twenty dollars ($10,665,220) for the 1996-97 fiscal year to local school administrative units. Of these funds:
(1) The sum of $3,000,000 for the 1995-96 fiscal year and the sum of $3,000,000 for the 1996-97 fiscal year shall be used for textbooks;
(2) The sum of $6,318,436 for the 1995-96 fiscal year and the sum of $7,665,220 for the 1996-97 fiscal year shall be used to reduce the funded allotment ratio to one teacher for every 23 students in first grade.
Requested by: Senators Winner, Plexico, Conder, Representatives Grady, Preston, Cummings
MODIFICATION OF TRANSFER FUNDS FOR TACS TO LOCAL SCHOOL ADMINISTRATIVE UNITS
Sec. 17.8. Section 17.7 of Chapter 324 of the 1995 Session Laws reads as rewritten:
"Sec. 17.7. Effective July 1, 1996, the State Board of
Education shall reallocate funds from Technical Assistance Centers to local
school administrative units in accordance with a formula adopted by the State Board.
Board: Provided, however, if all of the local school administrative
units in the service area of a Technical Assistance Center agree on a plan for
use of funds allocated to that Technical Assistance Center, the State Board of
Education may reallocate the funds for that Technical Assistance Center on such
earlier date as the State Board of Education may determine is appropriate. Local
boards of education may use these funds to contract with Technical Assistance
Centers, contract with other entities, hire personnel, or otherwise acquire
staff development, training, planning, and other forms of technical assistance.
The Technical Assistance Centers shall remain a part of the Department of Public Instruction but shall be funded solely by receipts from local boards of education and from other non-State sources. If no such funds are available for a Technical Assistance Center, that Center shall be abolished or consolidated with another Center by the State Board. The State Board shall establish a management structure for the Technical Assistance Centers that enables superintendents, principals, and teachers from the local school administrative units to be served by the Centers to have input into the priorities and personnel decisions at the Centers."
Requested by: Representatives Grady, Preston, Cummings, Senators Winner, Plexico, Conder
ALTERNATIVE LEARNING PROGRAMS
Sec. 17.9. (a) G.S. 115C-238.41(c)(3)d. reads as rewritten:
"d. Alternative Learning Program Model. – An
Alternative Learning Program is a program that provides serves
students at any level, serves suspended or expelled students, serves students
whose learning styles are better served in an alternative program, or is
designed to use multiple strategies, which serve students in the standard
classroom or provide individualized programs outside of a standard
classroom setting in a caring atmosphere in which students learn the skills
necessary to redirect their lives and return to a standard classroom setting. The
A program should maintain State standards and may include smaller
classes and lower student/teacher ratios, school-to-work transition activities,
modification of curriculum and instruction to meet individual needs, flexible
scheduling, and necessary academic, vocational, and support services for
students and their families. A program also may be provided under contract
with a local, private, nonprofit 501(c)(3) corporation. Services may also
may include appropriate measures to correct disruptive behavior, teach
responsibility, good citizenship, and respect for rules and authority.
An alternative learning program
should have a well-defined mission, offer appropriate educational
opportunities, and hold high expectations for staff and students. The goals of
the program should target The goals of the alternative school programs
should be to (i) reduce the school dropout rate reducing school dropout
rates through improved student attendance, behavior, and educational achievement;
and (ii) achievement. When appropriate, programs should increase
successful school-to-work transitions for students through educationally linked
job internships, mentored job shadowing experiences, and the development of
personalized education and career plans for participating students."
(b) G.S. 115C-238.41(c) is amended by adding a new subdivision to read:
"(8) The process to be followed if students may be referred and placed on an involuntary basis into alternative learning programs in connection with suspension or expulsion. This process shall be based on model guidelines developed by the State Board of Education."
(c) G.S. 115C-238.43 reads as rewritten:
"§ 115C-238.43. Award of grants.
(a) In selecting grant recipients, the State Board shall consider (i) the recommendations of the Superintendent, (ii) the geographic location of the applicants, and (iii) the demographic profile of the applicants. After considering these factors, the State Board shall give priority to grant applications that will serve areas that have a high incidence of juvenile crime and that propose different approaches that can serve as models for other communities.
The State Board shall select the grant recipients prior to July 15, 1994, for local programs that will be in operation at the beginning of the 1994-95 school year. The State Board shall select the grant recipients prior to October 1, 1994, for local programs that will be in operation after the beginning of the 1994-95 school year.
(b) Notwithstanding subsection (a) of this section, in awarding grants for alternative learning programs for the 1995-96 school year, the State Board shall give preference to local school administrative units with low numbers of alternative learning programs relative to average daily membership or high incidences of juvenile crime."
(d) G.S. 115C-238.47 reads as rewritten:
"§ 115C-238.47. Program evaluation; reporting requirements.
(a) The Department of Public Instruction State
Board of Education shall develop and implement an evaluation system,
under the direction of the State Board of Education, system that
will assess the efficiency and effectiveness of the Intervention/Prevention
Grant Program. The Department State Board shall design this
system to:
(1) Provide information to local program
administrators and teachers, the Department State Board, and
to the General Assembly on how to improve and refine the programs;
(2) Enable local program administrators and teachers,
the Department State Board, and the General Assembly to
assess the overall quality, efficiency, and impact of the existing programs;
(3) Enable the Department State Board and
the General Assembly to determine whether to modify the Intervention/Prevention
Grant Program; and
(4) Provide a detailed fiscal analysis of how State
funds for these programs were used. used; and
(5) Evaluate over a five-year period, beginning with the 1995-96 school year, the success of, the quality of educational opportunities that are offered in, and the effectiveness of alternative learning programs in the public schools.
(a1) Before its annual report on February 15, 1996, and annually thereafter, the Board shall provide an opportunity for local program administrators, and particularly alternative learning program administrators and educators, to comment on the evaluation system. The Board shall consider these comments in any proposed modification to the system.
(b) The State Board of Education shall report to the
General Assembly and the Joint Legislative Education Oversight Committee by May
15, 1994, on its progress in developing the evaluation system and in developing
and implementing the program. It shall report prior to February 1, 1995, on
the evaluation system developed by the Department and on program
implementation. The State Board of Education shall present an annual report on
October 1, 1995, February 15, 1996, and annually thereafter to
the General Assembly and to the Joint Legislative Education Oversight Committee
on (i) the implementation of the program, (ii) the results of the program
evaluation, (iii) how the funds appropriated by the General Assembly for the
program are being used, (iv) additional funds required to implement the
program, and (v) any necessary modifications to the program. program,
and (vi) comments received from local program administrators, and particularly
alternative learning program administrators and educators, concerning the
evaluation system and the program generally."
(e) The State Board of Education shall convene an Alternative Educators Planning Group of up to 15 outstanding practicing alternative school educators so that they may define the needs for technical assistance and training for alternative school educators and determine how to best meet those needs. The educators shall represent the geographic, racial, and gender diversity of the State and shall include administrators, teachers, and counselors. The State Board shall solicit the recommendations of alternative school educators to determine the membership of the group. The educators shall elect a chairperson from among the group and shall determine a meeting schedule to suit their needs. The State Board shall provide meeting space and clerical assistance. The Planning Group shall report the plan for service to the State Board of Education and the Joint Legislative Education Oversight Committee no later than February 1, 1996, at which time the Planning Group shall terminate, though nothing in this act shall prevent the group from continuing to meet on a voluntary basis. Members of the Alternative Educators Planning Group shall receive per diem, subsistence, and travel allowances in accordance with G.S. 138-5 or G.S. 138-6, as appropriate.
Based on the technical assistance and training needs identified by the Alternative Educators Planning Group, the State Board of Education shall coordinate the efforts of its specialists and, to the extent possible, of specialists in other public and private agencies to provide coordinated assistance to alternative learning programs in local school administrative units. The specialists should include, but are not limited to, those in the areas of dropout prevention, drug abuse prevention, in-school suspension, and children with special needs.
(f) The State Board of Education shall study the issue of referral and placement of students into alternative learning programs and shall develop model guidelines that local school administrative units may use for the referral and placement of students into alternative learning programs. In developing these guidelines, the Board shall consider the different methods of referral, whether placement in the programs is voluntary or mandatory, and any due process or other legal issues that may apply. In developing these guidelines, the Board shall consult with the Alternative Educators Planning Group created in subsection (e) of this section, shall solicit comments from other alternative school educators in the State, and may consult with representatives of the North Carolina School Boards Association and other professional education organizations. The Board shall develop and disseminate the model guidelines to local school boards no later than February 1, 1996. The local school boards shall then disseminate these guidelines to their alternative learning programs.
(g) The funds appropriated in this act for the 1995-96 fiscal year to State Aid to Local School Administrative Units for alternative learning programs shall be used for start-up costs for new or expanded programs to implement alternative learning programs. These funds shall be available to a local school administrative unit for one year only.
Of these funds, up to two hundred thousand dollars ($200,000) may be used by the State Board of Education to implement this section, including the evaluation of alternative learning programs.
(h) The funds appropriated in this act for the 1996-97 fiscal year to State Aid to Local School Administrative Units for alternative learning programs shall be used by the State Board to increase the Alternative Schools/At-Risk Student Allotment.
Of these funds, up to two hundred thousand dollars ($200,000) may be used by the State Board of Education to implement this section, including the evaluation of alternative learning programs.
(i) The State Board of Education, working with local school administrative units, shall develop a plan to provide access to alternative schools for secondary students in all local school administrative units. In developing the plan, the State Board shall consider redirecting existing funds for dropout prevention, including federal funds, intervention/prevention grant funds, and other State funds.
Requested by: Senators Winner, Plexico, Conder, Representatives Grady, Preston, Cummings
SCHOOL-BASED INCENTIVE AWARD FUNDS
Sec. 17.10. (a) The State Board of
Education shall use funds appropriated for the 1995-96 fiscal year for school-based
awards to establish a school-based incentive award pilot program in up to 10
local school administrative units. The State Board of Education may include
all or part of the schools in a local school administrative unit.
(b) The State Board shall set goals for individual schools in local school administrative units participating in the pilot program. Individual schools that exceed those goals shall receive incentive grants in amounts set by the State Board.
A school may use these incentive funds in accordance with a plan that has been:
(1) Developed by the school improvement team;
(2) Submitted to the principal, assistant principals, instructional personnel, instructional support personnel, and teacher assistants assigned to that school for their review and vote in the same manner that a school improvement plan is approved under G.S. 115C-238.3(b1); and
(3) Approved by the local board of education.
The local board of education shall approve the plan developed by the school unless the plan involves expenditures of funds that are not for a public purpose or that are otherwise unlawful.
(c) The State Board of Education shall report plans for expanding the School-Based Award Program on a statewide basis to the Joint Legislative Education Oversight Committee by January 15, 1996.
Requested by: Representatives Grady, Preston, Cummings, Senators Winner, Plexico, Conder
FUNDS FOR NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS
Sec. 17.11. The National Board for Professional Teaching Standards (NBPTS) was established in 1987 as an independent, nonprofit organization to establish high standards for teachers' knowledge and performance and for development and operation of a national voluntary system to assess and certify teachers who meet those standards. In order to apply for the NBPTS certification process, teachers must have three years or more of teaching experience, be currently teaching, have graduated from an accredited college or university, and hold a valid State teaching license. Upon successful completion of a year-long process of developing a portfolio of student work and videotapes of teaching/learning activities for NBPTS review and then participating in NBPTS assessment center simulation exercises, including performance-based activities and a content knowledge examination, teachers may become NBPTS-certified.
Of the funds appropriated to the Department of Public Instruction in this act, the sum of:
(1) Two hundred thirty thousand seven hundred seventy-six dollars ($230,776) for the 1995-96 fiscal year shall be used to pay for the National Board for Professional Teaching Standards (NBPTS) participation fee and for up to three days of approved paid leave for teachers participating in the NBPTS program during the 1995-96 school year for State-paid teachers who (i) have completed three years of teaching in North Carolina schools operated by local boards of education, the Department of Human Resources, the Department of Correction, or The University of North Carolina, or affiliated with The University of North Carolina, prior to application for NBPTS certification, and (ii) who have not previously received State funds for participating in any certification area in the NBPTS program. Teachers participating in the program shall take paid leave only with the approval of their supervisors.
A teacher for whom the State pays the participation fee (i) who does not complete the process or (ii) who completes the process but does not teach in a North Carolina public school for at least one year after completing the process, shall repay the certification fee to the State. Repayment is not required if the process is not completed or the teacher fails to teach for one year due to the death or disability of the teacher or other extenuating circumstances as may be recognized by the State Board.
(2) Two hundred forty-five thousand five hundred eighty-two dollars ($245,582) shall be used for an annual bonus of four percent (4%) of the teacher's State-paid salary for the 10-month school year for State-paid teachers who (i) completed three years of teaching in North Carolina schools operated by local boards of education, the Department of Human Resources, the Department of Correction, or The University of North Carolina prior to application for NBPTS certification and (ii) complete the NBPTS certification process. The bonus for each fiscal year shall be paid at the end of each full school year that the teacher teaches full time in a North Carolina school operated by local boards of education, the Department of Human Resources, the Department of Correction, or The University of North Carolina. Teachers shall continue this bonus only as long as they retain NBPTS certification.
Requested by: Senators Winner, Plexico, Conder, Representatives Grady, Preston, Cummings
FUNDS TO REDUCE CLASS SIZE IN GRADE 1
Sec. 17.12. The funds appropriated in this act to reduce class size in first grade shall be allocated by the State Board of Education to local school administrative units on the basis of one teacher for every 23 students in first grade. Local school administrative units shall use these funds (i) to reduce class size in first grade to 23 or fewer students or (ii) to hire reading teachers within kindergarten through third grade or otherwise reduce the student-teacher ratio within kindergarten through third grade.
For the purpose of calculating the maximum allowable class size for first grade, the ratio of teachers to students shall be 1 to 26.
Requested by: Senators Albertson, Winner, Plexico, Conder, Representatives Grady, Preston, Cummings
TEACHER VACATION LEAVE FOR ADOPTIVE PARENTS
Sec. 17.13. G.S. 115C-302 is amended by adding a new subsection to read:
"(f) A teacher may use annual leave, personal leave, or leave without pay to care for a newborn child or for a child placed with the teacher for adoption or foster care. The leave may be for consecutive workdays during the first 12 months after the date of birth or placement of the child, unless the the teacher and local board of education agree otherwise.
The total of all such leave time shall be no more than 12 weeks."
Requested by: Senators Perdue, Plexico, Winner, Conder, Representatives Grady, Preston, Cummings
CONTINUE MORATORIUM ALGEBRA I RULE
Sec. 17.14. Section 3 of Chapter 371 of the 1995 Session Laws reads as rewritten:
"Sec. 3. This act is effective upon ratification,
and expires on June 30, 1997. ratification."
Requested by: Representatives Grady, Preston, Cummings, Senators Perdue, Ballance, Winner, Plexico, Conder
RESERVE FOR EDUCATION PURPOSES/USES OF FUNDS
Sec. 17.15. The Director of the Budget shall allocate funds transferred to the Reserve for Education Purposes pursuant to Section 27.10A1 of this act as follows:
(1) Two-thirds of the funds shall be allocated to the State Board of Education. These funds shall be allocated by the State Board of Education to the credit of local school administrative units for textbooks and the State School Technology Fund.
(2) One-third of the funds shall be allocated to the Department of Community Colleges. The State Board of Community Colleges shall allocate these funds to community colleges for equipment and technology.
Requested by: Senators Perdue, Winner, Plexico, Conder, Representatives Grady, Preston, Cummings
PUBLIC SCHOOL PLAN
Sec. 17.16. The State Board of Education shall develop a plan to coordinate its vocational and technical education and job-training efforts with the Community College System. The plan shall include a review of the public schools' facility and equipment needs specifically related to vocational and technical education and job training and an outline of necessary modifications to existing public school policies. The State Board shall submit the results of its study for review to the State Education Cabinet. After that review, the State Board shall report the results of its study to the Joint Legislative Education Oversight Committee by December 1, 1996.
Requested by: Representatives Grady, Preston, Cummings, Senators Winner, Plexico, Conder
SCHOOL TRANSPORTATION FORMULA
Sec. 17.17. Of the funds appropriated to Aid to Local School Administrative Units for the 1995-96 fiscal year for public school transportation, the State Board of Education may use up to two hundred fifty thousand dollars ($250,000) to review the formula used to allocate funds for public school transportation and to assist local school administrative units in improving the efficiency of their transportation systems.
PART 18. DEPARTMENT OF TRANSPORTATION
Requested by: Representatives Barbee, Bowie, Culpepper, Senator Hoyle
NORTHEASTERN REGIONAL AIRPORT MATCHING FUNDS
Sec. 18. Of the funds appropriated in the Continuation Budget Operations Appropriations Act of 1995 to the Department of Commerce for allocation to the Northeast North Carolina Regional Economic Development Commission, the sum of one hundred twenty-five thousand dollars ($125,000) in each fiscal year shall be transferred to the Department of Transportation for allocation as a local match for projects at the Northeastern Regional Airport in Edenton.
Funds used as a local match shall be used for projects that have been approved by the Northeastern Regional Airport Commission and have been included in the transportation improvement plan adopted by the Board of Transportation.
The State-local fund matching limitations contained in Article 7 of Chapter 63 of the General Statutes shall not apply to the State funds used as a local match pursuant to this section.
Requested by: Representatives Barbee, Bowie, Senator Hoyle
JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE TO STUDY LIENS ON TOWED AND STORED VEHICLES
Sec. 18.1. The Joint Legislative Transportation Oversight Committee shall study the enforcement of liens on motor vehicles that have been towed and stored, including the following issues:
(1) Whether the time period after which a lien can be satisfied on a motor vehicle for unpaid repair, towing, or storing charges should be shortened, and whether any other time periods relating to liens on towed and stored motor vehicles should be shortened;
(2) Whether the amount of time that a vehicle can be left on the property of another person, including a business engaged in automobile repair, towing, or storage, before that vehicle is considered to be abandoned should be shortened;
(3) Whether the cost of towing should be included in the amount of a lien;
(4) Whether new procedures should be established for disposal of low-value vehicles to satisfy liens;
(5) Whether the last registered owner of an abandoned vehicle that has been towed and stored should be charged with a traffic offense, should be liable for any restitution, or should be penalized in any other manner; and
(6) Other issues related to the towing and storage of motor vehicles and liens on those vehicles.
The Joint Legislative Transportation Oversight Committee shall report the results of this study, including any legislative recommendations, to the 1995 General Assembly, Regular Session 1996.
Requested by: Representatives Barbee, Bowie, Sherrill, Senator Hoyle
DEPARTMENT OF TRANSPORTATION TO PROVIDE CONSTRUCTION AND MAINTENANCE SERVICES AT THE GOVERNOR'S WESTERN RESIDENCE
Sec. 18.2. G.S. 136-18(13) reads as rewritten:
"(13) The Department of Transportation is authorized
and empowered to may construct and maintain all walkways and
driveways within the Mansion Square in the City of Raleigh and the Western
Residence of the Governor in the City of Asheville including the approaches
connecting with the city streets, and any funds expended therefor shall be a
charge against general maintenance."
Requested by: Senators Hoyle, Edwards, Representatives Barbee, Bowie, Crawford
PURCHASE OF CENTURY CENTER CAMPUS FACILITY
Sec. 18.3. Revenue collected into the Highway Trust Fund in excess of the certified budget for the fiscal year ending June 30, 1995, may be reserved and used, to the extent necessary, by the Department of Transportation to acquire the capital facility known as the Century Center Campus.
Requested by: Senators Hoyle, Edwards, Representatives Barbee, Bowie, Sherrill, Crawford
JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE TO STUDY DIVISION OF MOTOR VEHICLES WAKE COUNTY SERVICE FACILITY
Sec. 18.4. The Joint Legislative Transportation Oversight Committee may study a Division of Motor Vehicles Campus in Wake County, including a Customer Service Facility. The Committee may consider:
(1) The need for a new DMV facility in Wake County;
(2) The location and design of any proposed DMV Campus;
(3) The phased construction and total life-cycle cost of any DMV Campus;
(4) The renovation, replacement, or subsequent use of the existing DMV structures on New Bern Avenue; and
(5) Other matters relating to Division of Motor Vehicles offices and services in Wake County.
The Department of Transportation, the State Construction Office, the Capital Planning Commission, and other State agencies shall assist the Joint Legislative Transportation Oversight Committee in conducting any study of these matters.
The Joint Legislative Transportation Oversight Committee may report its findings on this matter to the 1995 General Assembly, Regular Session 1996.
Requested by: Representatives Barbee, Bowie, Sherrill, Crawford, Senators Hoyle, Edwards
SMALL URBAN CONSTRUCTION PROGRAM FUNDS INCREASED
Sec. 18.5. Section 18.12 of Chapter 324 of the 1995 Session Laws reads as rewritten:
"Sec. 18.12. Of the funds appropriated in this act to
the Department of Transportation, Transportation:
(1) fourteen Fourteen million
dollars ($14,000,000) shall be allocated in each fiscal year for small urban
construction projects. These funds shall be allocated equally in each fiscal
year of the biennium among the 14 Highway Divisions for the small urban
construction program for small urban construction projects that are located
within the area covered by a one-mile radius of the municipal corporate limits.
(2) Discretionary funds of six Nine million
dollars ($6,000,000) ($9,000,000) shall be used statewide for
rural or small urban highway improvements improvements, industrial
access roads, and spot-safety projects as approved by the Secretary of the
Department of Transportation.
None of these funds used for rural secondary road construction are subject to the county allocation formula as provided in G.S. 136-44.5.
The Department of Transportation shall report to the members of the General Assembly on projects funded pursuant to this section in each member's district prior to the Board of Transportation's action. The Department shall make a quarterly comprehensive report on the use of these funds to the Joint Legislative Transportation Oversight Committee and the Fiscal Research Division."
Requested by: Representatives McLaughlin, Barbee, Bowie, Crawford, Senators Hoyle, Edwards
DEPARTMENT OF TRANSPORTATION MAY USE CERTAIN SALARY FUNDS FOR DIVISION OF MOTOR VEHICLE CLASSIFICATIONS
Sec. 18.13. Notwithstanding any other provision of law, the Department of Transportation may use the funds appropriated in Section 3 of Chapter 324 of the 1995 Session Laws for a Reserve of Salary Adjustments and any additional available salary funds for the following Division of Motor Vehicles reclassifications, that were reclassified as a result of the Officer Support Services Occupational Group Study mandated by the Office of State Personnel: Customer Service Representatives Classifications, Traffic Records Clerical Staff, and International Registration Plan positions.
Requested by: Representatives Barbee, Bowie, Crawford, Senators Hoyle, Edwards
ORGANIZATIONAL AND BUSINESS PRACTICES STUDY OF THE DIVISION OF MOTOR VEHICLES
Sec. 18.14. (a) The Joint Legislative
Commission on Governmental Operations shall conduct a study of the Division of
Motor Vehicles.
The study may include an assessment and recommendations for change of the Division's statutory responsibilities and functions, organizational structure, processes, and business practices.
The Joint Legislative Commission on Governmental Operations may enter into a contract with a private consulting firm to conduct this study. The Department of Transportation shall be consulted in the preparation of the request for proposal for consultant services.
The Joint Legislative Commission on Governmental Operations shall report its findings and recommendations based on this study to the 1995 General Assembly, Regular Session 1996.
(b) Of the funds appropriated from the Highway Fund to the Legislative Services Commission in this act the sum of two hundred thousand dollars ($200,000) for the 1995-96 fiscal year shall be used to fund the study of the Division of Motor Vehicles by the Joint Legislative Commission on Governmental Operations authorized by subsection (a) of this section.
No new positions may be added, or programs expanded, in the Division of Motor Vehicles until the study is completed and the General Assembly has acted upon the study recommendations.
Requested by: Senators Hoyle, Edwards, Representatives Barbee, Bowie, Crawford
INCREASE ALLOCATION TO WILDLIFE RESOURCES COMMISSION
Sec. 18.16. G.S. 105-449.126, as enacted by Chapter 390 of the 1995 Session Laws, reads as rewritten:
"§ 105-449.126. Distribution of part of Highway Fund allocation to Wildlife Resources Fund.
The Secretary shall credit to the Wildlife Resources Fund
one-sixth of one percent (1/6 of 1%) of the amount that is allocated to the
Highway Fund under G.S. 105-449.125 and is from the excise tax on gasoline
or blended fuel that contains gasoline. motor fuel. Revenue
credited to the Wildlife Resources Fund under this section may be used only for
the boating and water safety activities described in G.S. 75A-3(c). The
Secretary must credit revenue to the Wildlife Resources Fund on an annual
basis."
Requested by: Senators Hoyle, Edwards, Representatives Barbee, Bowie, Crawford
VISITOR CENTER OPERATIONAL FUNDS
Sec. 18.17. (a) G.S. 20-79.7(c)(2), as rewritten by Section 18.7 of Chapter 324 of the 1995 Session Laws, reads as rewritten:
"(2) From the funds remaining in the Special
Registration Plate Account after the deductions in accordance with subdivision
(1) of this subsection, there is appropriated from the Special Registration
Plate Account the sum of four hundred fifty thousand dollars ($450,000) five
hundred twenty-five thousand dollars ($525,000) for the 1995-96 fiscal year
to provide operating assistance for the Visitor and Welcome Centers:
a. on U.S. Highway 17 in Camden County, ($75,000);
b. on U.S. Highway 17 in Brunswick County, ($75,000);
c. on U.S. Highway 441 in Macon County, ($75,000);
d. in the Town of Boone, Watauga County, ($75,000);
e. on U.S. Highway 29 in Caswell County, ($75,000); and
f. on U.S. Highway 70 in Carteret County, ($75,000). ; and
g. on U.S. Highway 64 in Tyrrell County, ($75,000)."
(b) The Department of Transportation shall pay the funds appropriated in subsection (a) of this section for operating assistance for the Visitor and Welcome Center in Tyrrell County to Partnership for the Sounds, Inc.
Requested by: Senators Hoyle, Edwards, Representatives Barbee, Bowie, Crawford
BRANCH AGENT TRANSACTION RATE
Sec. 18.18. Section 155 of the 1993 Session Laws, as amended by Section 20.1 of Chapter 769 of the 1993 Session Laws, reads as rewritten:
"Sec. 155. The Division of Motor Vehicles of the
Department of Transportation shall compensate a contractor with whom it has a
contract under G.S. 20-63(h) at the rate of one dollar ($1.00) one
dollar and twenty cents ($1.20) for each transaction performed in
accordance with the requirements set by the Division. A transaction is any of
the following activities:
(1) Issuance of a registration plate, a registration card, a registration renewal sticker, or a certificate of title.
(2) Issuance of a handicapped placard or handicapped identification card.
(3) Acceptance of an application for a personalized registration plate.
(4) Acceptance of a surrendered registration plate, registration card, or registration renewal sticker, or acceptance of an affidavit stating why a person cannot surrender a registration plate, registration card, or registration renewal sticker.
(5) Cancellation of a title because the vehicle has been junked.
(6) Acceptance of an application for, or issuance of, a refund for a fee or a tax, other than the highway use tax.
(7) Receipt of the civil penalty imposed by G.S. 20-309 for a lapse in financial responsibility or receipt of the restoration fee imposed by that statute.
(8) Acceptance of a notice of failure to maintain financial responsibility for a motor vehicle.
(9) Collection of the highway use tax.
Performance at the same time of any combination of the items that are listed within each subdivision or are listed within subdivisions (1) through (8) of this section is a single transaction. Performance of the item listed in subdivision (9) of this section in combination with any other items listed in this section is a separate transaction."
Requested by: Representatives Holmes, Creech, Esposito, Barbee, Bowie, Crawford, Senators Plyler, Perdue, Odom, Albertson, Edwards, Hoyle
RESERVE FOR DETOXIFICATION OF WARREN COUNTY LANDFILL
Sec. 18.19. Funds in the Reserve for PCB Cleanup in Section 4A of this act shall be used by the Division of Solid Waste Management, Department of Environment, Health, and Natural Resources, to fund a pilot project to identify and select a technology for detoxification and remediation of the PCB Landfill in Warren County.
It is the intent of the General Assembly that any further appropriations for this purpose shall not be made from the Highway Fund.
PART 19. DEPARTMENT OF CORRECTION
Requested by: Senators Ballance, Rand, Parnell, Plyler, Perdue, Odom, Representatives Justus, Thompson, Kiser, Holmes, Creech, Esposito
PRIVATE PRISON BEDS
Sec. 19. G.S. 148-37(g), as enacted by Section 19.10 of Chapter 324 of the 1995 Session Laws, reads as rewritten:
"(g) The Secretary of Correction may contract with private for-profit or nonprofit firms for the provision and operation of two or more confinement facilities totaling up to 1,000 beds in the State to house State prisoners when to do so would most economically and effectively promote the purposes served by the Department of Correction. This 1,000-bed limitation shall not apply to the 500 beds in private substance abuse treatment centers authorized by the General Assembly prior to July 1, 1995. Contracts entered under the authority of this subsection shall be for a period not to exceed 10 years, shall be renewable from time to time for a period not to exceed 10 years, and are subject to the approval of the Council of State and the Department of Administration, after consultation with the Joint Legislative Commission on Governmental Operations. Confinement facilities provided under the authority of this subsection shall not be used for the purpose of consolidating existing State confinement facilities. The Secretary of Correction shall enter contracts under this subsection only if funds are appropriated for this purpose by the General Assembly. Contracts entered under the authority of this subsection may be subject to any requirements for the location of the confinement facilities set forth by the General Assembly in appropriating those funds.
Contracts made under the authority of this subsection may provide the State with an option to purchase the confinement facility or may provide for the purchase of the confinement facility by the State. Contracts made under the authority of this subsection shall state that plans and specifications for private confinement facilities shall be furnished to and reviewed by the Office of State Construction. The Office of State Construction shall inspect and review each project during construction to ensure that the project is suitable for habitation and to determine whether the project would be suitable for future acquisition by the State. The Department of Correction may give preference to facilities intended for joint county and State use where such facilities are developed by public/private partnerships and financed by tax-exempt bond issues, and where such facilities offer general terms and conditions favorable to the State in the competitive bidding process pursuant to Article 8 of Chapter 143 of the General Statutes. All contracts for the housing of State prisoners in private confinement facilities shall require a minimum of ten million dollars ($10,000,000) of occurrence-based liability insurance and shall hold the State harmless and provide reimbursement for all liability arising out of actions caused by operations and employees of the private confinement facility.
Prisoners housed in private confinement facilities pursuant to this subsection shall remain subject to the rules adopted for the conduct of persons committed to the State prison system. The Secretary of Correction may review and approve the design and construction of private confinement facilities before housing State prisoners in these facilities. The rules regarding good time, gain time, and earned credits, discipline, classification, extension of the limits of confinement, transfers, housing arrangements, and eligibility for parole shall apply to inmates housed in private confinement facilities pursuant to this subsection. The operators of private confinement facilities may adopt any other rules as may be necessary for the operation of those facilities with the written approval of the Secretary of Correction. Custodial officials employed by a private confinement facility are agents of the Secretary of Correction and may use those procedures for use of force authorized by the Secretary of Correction to defend themselves, to enforce the observance of discipline in compliance with confinement facility rules, to secure the person of a prisoner, and to prevent escape. Private firms under this subsection shall employ inmate disciplinary and grievance policies of the North Carolina Department of Correction."
Requested by: Representatives Justus, Thompson, Mercer, Senator Ballance
EXTERNAL CONSULTANT TO EVALUATE DOC SUBSTANCE ABUSE PROGRAMS
Sec. 19.1. Of the funds appropriated to the Department of Correction for the 1995-96 fiscal year, the Department shall use up to twenty-five thousand dollars ($25,000) to hire an external consultant to evaluate the DART prison substance abuse program and private substance abuse programs funded by the Department as follows:
(1) Evaluate the appropriateness of the treatment methodology used for those programs;
(2) Evaluate the cost-effectiveness of those programs, with an emphasis on the number and type of staff employed; and
(3) Evaluate the effectiveness of those programs in reducing recidivism and drug dependency, if such data is available, or develop evaluation standards and a process for conducting such evaluations and reporting the results.
The Department shall provide the consultant's report to the Chairs of the Senate and House Appropriations Committees and the Chairs of the Senate and House Appropriations Subcommittees on Justice and Public Safety by May 1, 1996.
Requested by: Representatives Justus, Thompson, Kiser, Senators Ballance, Rand
RESERVE FOR BUNKING INMATES IN SHIFTS
Sec. 19.2. (a) Of the funds appropriated to the Department of Correction for the 1995-96 fiscal year, the sum of two hundred fifty thousand dollars ($250,000) shall be placed in a Reserve for Bunking Inmates in Shifts. The Department of Correction shall develop a plan for a pilot program at Lincoln Correctional Center that provides for arranging inmates' daily activities in such a manner that at least two different groups of inmates may occupy the same dormitory space during different portions of each 24-hour day. In the course of planning this pilot program, the Department shall consult with the Attorney General and the federal courts to ensure that such an arrangement will not violate the State's obligations under law.
(b) The Department shall report on the development of its plan to bunk inmates in shifts, including its efforts to obtain court approval for the plan, to the Joint Legislative Commission on Governmental Operations, the Joint Legislative Corrections Oversight Committee, the Chairs of the Senate and House Appropriations Committees, and the Chairs of the Senate and House Appropriations Subcommittees on Justice and Public Safety by May 15, 1996.
Requested by: Representatives Justus, Thompson, Pulley, Senator Ballance
NOTICE OF COMMUTATIONS
Sec. 19.3. (a) G.S. 147-16 reads as rewritten:
"§ 147-16.
Records kept; certain original applications preserved. preserved;
notice of commutations.
(a) The Governor shall cause to be kept the following records:
(1) A register of all applications for pardon, or for commutation of any sentence, with a list of the official signatures and recommendations in favor of such application.
(2) An account of all his official expenses and disbursements, including the incidental expenses of his department, and the rewards offered by him for the apprehension of criminals.
These records and the originals of all applications, petitions, and recommendations and reports therein mentioned shall be preserved in the office of the Governor, but when applications for offices are refused he may, in his discretion, return the papers referring to the application.
(b) The Governor shall, unless otherwise requested by any person listed in subdivisions (1) through (4) of this subsection, provide notice of the commutation of any sentence within 20 days after the commutation by first-class mail to the following at the last known address:
(1) The victim or victims of the crime for which the sentence was imposed;
(2) The victims' spouse, children, and parents;
(3) Any other members of the victims' family who request in writing to be notified; and
(4) The Chairs of the Joint Legislative Corrections Oversight Committee."
(b) This section is effective upon ratification.
Requested by: Senators Ballance, Rand, Representatives Justus, Thompson, Kiser
REIMBURSE COUNTIES FOR EXTRAORDINARY MEDICAL COSTS FOR INMATES AWAITING TRANSFER TO STATE PRISON SYSTEM
Sec. 19.4. Notwithstanding the provisions of G.S. 148-29, the Secretary of Correction may use funds appropriated to the Department of Correction for medical services to reimburse counties for extraordinary medical costs, as defined in G.S. 148-32.1(a), incurred by inmates housed in local confinement facilities awaiting transfer in the State prison system.
Requested by: Senators Ballance, Parnell, Plyler, Perdue, Odom, Representatives Holmes, Creech, Esposito
CREATE NEW OFFENSE CLASS AND PUNISHMENT ROW FOR MISDEMEANOR ASSAULTS/CREATE FELONY OFFENSE OF ASSAULT ON A LAW ENFORCEMENT OFFICER/INCREASE PENALTIES FOR POSSESSION OF A FIREARM BY A FELON/LENGTHEN MINIMUM SENTENCES FOR FELONY OFFENSE CLASSES B2, C, AND D/AUTHORIZE ACTIVE SENTENCE FOR PRIOR RECORD LEVELS I AND II OF FELONY OFFENSE CLASS H/MAKE AIRPORT OBSTRUCTIONS ILLEGAL/LOWER FOOD STAMP FRAUD FELONY THRESHOLD/INCREASE PENALTY FOR FIRST DEGREE SEXUAL EXPLOITATION OF MINOR/INCREASE PENALTY FOR PROMOTING PROSTITUTION OF MINOR
Sec. 19.5. (a) Funds appropriated in this act to construct 1,384 prison beds shall increase prison capacity to the level necessary to provide for the increases in criminal penalties provided for in this section and the following section.
(b) G.S. 14-33 as amended by Chapter 352 of the 1995 Session Laws reads as rewritten:
"§ 14-33. Misdemeanor assaults, batteries, and affrays, simple and aggravated; punishments.
(a) Any person who commits a simple assault or a simple
assault and battery or participates in a simple affray is guilty of a Class 1
2 misdemeanor.
(b) Unless his conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and battery, or affray is guilty of a Class 1 misdemeanor if, in the course of the assault, assault and battery, or affray, he:
(1) Inflicts, or attempts to inflict, serious
injury upon another person or uses a deadly weapon;
(2) Assaults a female, he being a male person
at least 18 years of age;
(3) Assaults a child under the age of 12
years;
(4) through (7) Repealed by Session Laws 1991, c. 525, s. 1;
(8) Assaults an officer or employee of the
State or of any political subdivision of the State, a company police officer
certified pursuant to the provisions of Chapter 74E of the General Statutes, or
a campus police officer certified pursuant to the provisions of Chapter 17C or
Chapter 116 of the General Statutes, when the officer or employee is
discharging or attempting to discharge his official duties; or
(9) Commits an assault and battery against a sports official when the sports official is discharging or attempting to discharge official duties at a sports event, or immediately after the sports event at which the sports official discharged official duties. A 'sports official' is a person at a sports event who enforces the rules of the event, such as an umpire or referee, or a person who supervises the participants, such as a coach. A 'sports event' includes any interscholastic or intramural athletic activity in a primary, middle, junior high, or high school, college, or university, any organized athletic activity sponsored by a community, business, or nonprofit organization, any athletic activity that is a professional or semiprofessional event, and any other organized athletic activity in the State.
(10) Assaults a school bus driver, school bus
monitor, or school employee who is boarding the school bus or who is on the
school bus.
(c) Unless the conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and battery, or affray is guilty of a Class A1 misdemeanor if, in the course of the assault, assault and battery, or affray, he or she:
(1) Inflicts serious injury upon another person or uses a deadly weapon;
(2) Assaults a female, he being a male person at least 18 years of age;
(3) Assaults a child under the age of 12 years;
(4) Assaults an officer or employee of the State or any political subdivision of the State, when the officer or employee is discharging or attempting to discharge his official duties; or
(5) Assaults a school bus driver, school bus monitor, or school employee who is boarding the school bus or who is on the school bus."
(c) Article 8 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-33.2. Habitual misdemeanor assault.
A person commits the offense of habitual misdemeanor assault if that person violates any of the provisions of G.S. 14-33(c) or G.S. 14-34 and has been convicted of five or more prior misdemeanor convictions, two of which were assaults. A person convicted of violating this section is guilty of a Class H felony."
(d) G.S. 14-34 reads as rewritten:
"§ 14-34. Assaulting by pointing gun.
If any person shall point any gun or pistol at any person,
either in fun or otherwise, whether such gun or pistol be loaded or not loaded,
he shall be guilty of a Class 1 A1 misdemeanor."
(e) G.S. 15A-1332(c) reads as rewritten:
"(c) Presentence Commitment for Study. – When the court desires more detailed information as a basis for determining the sentence to be imposed than can be provided by a presentence investigation, the court may commit a defendant to the Department of Correction for study for the shortest period necessary to complete the study, not to exceed 90 days, if that defendant has been charged with or convicted of any felony or a Class A1 or Class 1 misdemeanor crime or crimes for which he may be imprisoned for more than six months and if he consents. The period of commitment must end when the study is completed, and may not exceed 90 days. The Department must conduct a complete study of a defendant committed to it under this subsection, inquiring into such matters as the defendant's previous delinquency or criminal experience, his social background, his capabilities, his mental, emotional and physical health, and the availability of resources or programs appropriate to the defendant. Upon completion of the study or the end of the 90-day period, whichever occurs first, the Department of Correction must release the defendant to the sheriff of the county in which his case is docketed. The Department must forward the study to the clerk in that county, including whatever recommendations the Department believes will be helpful to a proper resolution of the case. When a defendant is returned from a presentence commitment for study, the conditions of pretrial release which obtained for the defendant before the commitment continue until judgment is entered, unless the conditions are modified under the provisions of G.S. 15A-534(e)."
(f) G.S. 15A-1340.14(b) reads as rewritten:
"(b) Points. – Points are assigned as follows:
(1) For each prior felony Class A conviction, 10 points.
(1a) For each prior felony Class B1 conviction, 9 points.
(2) For each prior felony Class B2, C, or D conviction, 6 points.
(3) For each prior felony Class E, F, or G conviction, 4 points.
(4) For each prior felony Class H or I conviction, 2 points.
(5) For each prior Class A1 or Class 1 misdemeanor conviction, 1 point, except that convictions for Class 1 misdemeanor offenses under Chapter 20 of the General Statutes, other than conviction for misdemeanor death by vehicle (G.S. 20-141.4(a2)), shall not be assigned any points for purposes of determining a person's prior record for felony sentencing.
(6) If all the elements of the present offense are included in the prior offense, 1 point.
(7) If the offense was committed while the offender was on probation or parole, or while the offender was serving a sentence of imprisonment, or while the offender was on escape from a correctional institution while serving a sentence of imprisonment, 1 point.
For purposes of determining prior record points under this subsection, a conviction for a first degree rape or a first degree sexual offense committed prior to the effective date of this subsection shall be treated as a felony Class B1 conviction, and a conviction for any other felony Class B offense committed prior to the effective date of this subsection shall be treated as a felony Class B2 conviction."
(g) G.S. 15A-1340.23 reads as rewritten:
"§ 15A-1340.23. Punishment limits for each class of offense and prior conviction level.
(a) Offense Classification; Default Classifications. – The offense classification is as specified in the offense for which the sentence is being imposed. If the offense is a misdemeanor for which there is no classification, it is as classified in G.S. 14-3.
(b) Fines. – Any judgment that includes a sentence of imprisonment may also include a fine. Additionally, when the defendant is other than an individual, the judgment may consist of a fine only. If a community punishment is authorized, the judgment may consist of a fine only. Unless otherwise provided for a specific offense, the maximum fine that may be imposed is two hundred dollars ($200.00) for a Class 3 misdemeanor and one thousand dollars ($1,000) for a Class 2 misdemeanor. The amount of the fine for a Class 1 misdemeanor and a Class A1 misdemeanor is in the discretion of the court.
(c) Punishment for Each Class of Offense and Prior Conviction Level; Punishment Chart Described. – Unless otherwise provided for a specific offense, the authorized punishment for each class of offense and prior conviction level is as specified in the chart below. Prior conviction levels are indicated by the Roman numerals placed horizontally on the top of the chart. Classes of offenses are indicated by the Arabic numbers placed vertically on the left side of the chart. Each grid on the chart contains the following components:
(1) A sentence disposition or dispositions: 'C' indicates that a community punishment is authorized; 'I' indicates that an intermediate punishment is authorized; and 'A' indicates that an active punishment is authorized; and
(2) A range of durations for the sentence of imprisonment: any sentence within the duration specified is permitted.
PRIOR CONVICTION LEVELS
MISDEMEANOR
OFFENSE LEVEL I LEVEL II LEVEL III
CLASS No Prior One to Four Prior Five or More
Convictions Convictions Prior Convictions
A1 1-60 days C/I/A 1-75 days C/I/A 1-150 days C/I/A
1 1-45 days C 1-45 days C/I/A 1-120 days C/I/A
2 1-30 days C 1-45 days C/I 1-60 days C/I/A
3 1-10 days C 1-15 days C/I 1-20 days C/I/A."
(h) G.S. 15A-1343.1, as rewritten by Chapter 446 of the 1995 Session Laws, reads as rewritten:
"§ 15A-1343.1. Criteria for selection and sentencing to IMPACT.
The criteria for selecting and sentencing offenders to the Intensive Motivational Program of Alternative Correctional Treatment as provided under G.S. 15A-1343(b1)(2A) shall be as follows:
(1) The offender must be between the ages of 16 and 30;
(2) The offender must be convicted of a Class 1 misdemeanor
misdemeanor, Class A1 misdemeanor, or a felony.
(3) The offender must submit to a medical evaluation by a physician approved by his probation or parole officer and must be certified by the physician to be medically fit for program participation."
(i) G.S. 14-34.2 reads as rewritten:
"§ 14-34.2. Assault with a firearm or other deadly weapon upon governmental officers or employees, company police officers, or campus police officers.
Any Unless a person's conduct is covered under some
other provision of law providing greater punishment, any person who commits
an assault with a firearm or any other deadly weapon upon an officer or
employee of the State or of any political subdivision of the State, a company
police officer certified pursuant to the provisions of Chapter 74E of the
General Statutes, or a campus police officer certified pursuant to the
provisions of Chapter 17C or Chapter 116 of the General Statutes, in the
performance of his duties shall be guilty of a Class F felony.”
(j) Article 8 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-34.5. Assault with a firearm on a law enforcement officer.
Any person who commits an assault with a firearm upon a law enforcement officer in the performance of his or her duties is guilty of a Class E felony."
(k) G.S. 14-415.1(a) reads as rewritten:
"(a) It shall be unlawful for any person who has been convicted of any crime set out in subsection (b) of this section to purchase, own, possess, or have in his custody, care, or control any handgun or other firearm with a barrel length of less than 18 inches or an overall length of less than 26 inches, or any weapon of mass death and destruction as defined in G.S. 14-288.8(c), within five years from the date of such conviction, or the unconditional discharge from a correctional institution, or termination of a suspended sentence, probation, or parole upon such conviction, whichever is later.
Every person violating the provisions of this section shall be
punished as a Class H G felon.
Nothing in this subsection would prohibit the right of any person to have possession of a firearm within his own home or on his lawful place of business."
(l) G.S. 15A-1340.17(c) reads as rewritten:
"(c) Punishments for Each Class of Offense and Prior Record Level; Punishment Chart Described. – The authorized punishment for each class of offense and prior record level is as specified in the chart below. Prior record levels are indicated by the Roman numerals placed horizontally on the top of the chart. Classes of offense are indicated by the letters placed vertically on the left side of the chart. Each cell on the chart contains the following components:
(1) A sentence disposition or dispositions: 'C' indicates that a community punishment is authorized; 'I' indicates that an intermediate punishment is authorized; 'A' indicates that an active punishment is authorized; and 'Life Imprisonment Without Parole' indicates that the defendant shall be imprisoned for the remainder of the prisoner's natural life.
(2) A presumptive range of minimum durations, if the sentence of imprisonment is neither aggravated or mitigated; any minimum term of imprisonment in that range is permitted unless the court finds pursuant to G.S. 15A-1340.16 that an aggravated or mitigated sentence is appropriate. The presumptive range is the middle of the three ranges in the cell.
(3) A mitigated range of minimum durations if the court finds pursuant to G.S. 15A-1340.16 that a mitigated sentence of imprisonment is justified; in such a case, any minimum term of imprisonment in the mitigated range is permitted. The mitigated range is the lower of the three ranges in the cell.
(4) An aggravated range of minimum durations if the court finds pursuant to G.S. 15A-1340.16 that an aggravated sentence of imprisonment is justified; in such a case, any minimum term of imprisonment in the aggravated range is permitted. The aggravated range is the higher of the three ranges in the cell.
PRIOR RECORD LEVEL
I II III IV V VI
0 Pts 1-4 Pts 5-8 Pts 9-14 Pts 15-18 Pts 19+ Pts
A Life Imprisonment or Death as Established by Statute
A A A A A A DISPOSITION
240-300 288-360 336-420 384-480 Life Imprisonment Aggravated
Without Parole
B1 192-240 230-288 269-336 307-384 346-433 384-480 PRESUMPTIVE
144-192 173-230 202-269 230-307 260-346 288-384 Mitigated
A A A A A A DISPOSITION
135-169 163-204 190-238 216-270 243-304 270-338 Aggravated
B2 108-135 130-163 152-190 173-216 194-243 216-270 PRESUMPTIVE
81-108 98-130 114-152 130-173 146-194 162-216 Mitigated
157-196 189-237 220-276 251-313 282-353 313-392 Aggravated
B2 125-157 151-189 176-220 201-251 225-282 251-313 PRESUMPTIVE
94-125 114-151 132-176 151-201 169-225 188-251 Mitigated
A A A A A A DISPOSITION
63-79 86-108 100-125 115-144 130-162 145-181 Aggravated
C 50-63 69-86 80-100 92-115 104-130 116-145 PRESUMPTIVE
38-50 52-69 60-80 69-92 78-104 87-116 Mitigated
73-92 100-125 116-145 133-167 151-188 168-210 Aggravated
C 58-73 80-100 93-116 107-133 121-151 135-168 PRESUMPTIVE
44-58 60-80 70-93 80-107 90-121 101-135 Mitigated
A A A A A A DISPOSITION
55-69 66-82 89-111 101-126 115-144 126-158 Aggravated
D 44-55 53-66 71-89 81-101 92-115 101-126 PRESUMPTIVE
33-44 40-53 53-71 61-81 69-92 76-101 Mitigated
64-80 77-95 103-129 117-146 133-167 146-183 Aggravated
D 51-64 61-77 82-103 94-117 107-133 117-146 PRESUMPTIVE
38-51 46-61 61-82 71-94 80-107 88-117 Mitigated
I/A I/A A A A A DISPOSITION
25-31 29-36 34-42 46-58 53-66 59-74 Aggravated
E 20-25 23-29 27-34 37-46 42-53 47-59 PRESUMPTIVE
15-20 17-23 20-27 28-37 32-42 35-47 Mitigated
I/A I/A I/A A A A DISPOSITION
16-20 19-24 21-26 25-31 34-42 39-49 Aggravated
F 13-16 15-19 17-21 20-25 27-34 31-39 PRESUMPTIVE
10-13 11-15 13-17 15-20 20-27 23-31 Mitigated
I/A I/A I/A I/A A A DISPOSITION
13-16 15-19 16-20 20-25 21-26 29-36 Aggravated
G 10-13 12-15 13-16 16-20 17-21 23-29 PRESUMPTIVE
8-10 9-12 10-13 12-16 13-17 17-23 Mitigated
C/I/A I/A I/A I/A I/A A DISPOSITION
6-8 8-10 10-12 11-14 15-19 20-25 Aggravated
H 5-6 6-8 8-10 9-11 12-15 16-20 PRESUMPTIVE
4-5 4-6 6-8 7-9 9-12 12-16 Mitigated
C C/I I I/A I/A I/A DISPOSITION
6-8 6-8 6-8 8-10 9-11 10-12 Aggravated
I 4-6 4-6 5-6 6-8 7-9 8-10 PRESUMPTIVE
3-4 3-4 4-5 4-6 5-7 6-8 Mitigated
(m) Chapter 63 of the General Statutes is amended by adding a new section to read:
"§ 63-37.1. Airport obstructions illegal.
Any person, other than the owner or operator of an airport, who intentionally obstructs the lawful takeoff and landing operations and patterns of aircraft at an existing public or private airport shall be guilty of a Class 1 misdemeanor."
(n) G.S. 108A-53(a) reads as rewritten:
"(a) Any person, whether provider or recipient or
person representing himself as such, who knowingly obtains or attempts to
obtain, or aids or abets any person to obtain by means of making a willfully
false statement or representation or by impersonation or by failing to disclose
material facts or in any manner not authorized by this Part or the regulations
issued pursuant thereto, transfers with intent to defraud any food stamps or
authorization cards to which he is not entitled in the amount of two
thousand dollars ($2,000) one thousand dollars ($1,000) or less
shall be guilty of a Class 1 misdemeanor. Whoever knowingly obtains or
attempts to obtain, or aids or abets any person to obtain by means of making a
willfully false statement or representation or by impersonation or by failing
to disclose material facts or in any manner not authorized by this Part or the
regulations issued pursuant thereto, transfers with intent to defraud any food
stamps or authorization cards to which he is not entitled in an amount more
than two thousand dollars ($2,000) one thousand dollars ($1,000) shall
be guilty of a Class I felony."
(o) G.S. 14-190.16(d) reads as rewritten:
"(d) Punishment and Sentencing. – Violation of this
section is a Class E D felony."
(p) G.S. 14-190.18(c) reads as rewritten:
"(c) Punishment and Sentencing. – Violation of this
section is a Class F D felony."
(q) This section becomes effective December 1, 1995, and applies to offenses committed on or after that date.
Requested by: Senators Gulley, Ballance, Rand, Representatives Hiatt, Justus, Thompson, Kiser
ASSAULT EMERGENCY MEDICAL PERSONNEL
Sec. 19.6. (a) Article 8 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-34.5. Assault or affray on an emergency medical technician, ambulance attendant, emergency department nurse, or emergency department physician.
(a) A person is guilty of a Class A1 misdemeanor if the person commits an assault or an affray on an emergency medical technician, ambulance attendant, emergency department nurse, or emergency department physician while the technician, attendant, nurse, or physician is discharging or attempting to discharge official duties.
(b) Unless a person's conduct is covered under some other provision of law providing greater punishment, a person is guilty of a Class I felony if the person violates subsection (a) of this section and (i) inflicts bodily injury or (ii) uses a deadly weapon other than a firearm.
(c) Unless a person's conduct is covered under some other provision of law providing greater punishment, a person is guilty of a Class F felony if the person violates subsection (a) of this section and uses a firearm."
(b) This section becomes effective December 1, 1995, and applies to offenses committed on or after that date.
Requested by: Senators Ballance, Rand, Representatives Justus, Thompson, Kiser
HARRIET'S HOUSE FUNDS
Sec. 19.7. Of the funds appropriated to the Department of Correction, the sum of two hundred thousand dollars ($200,000) for the 1995-96 fiscal year and the sum of two hundred thousand dollars ($200,000) for the 1996-97 fiscal year shall be used to support the programs of Harriet's House, a transitional home for female ex-offenders and their children. Harriet's House shall report quarterly to the Joint Legislative Commission on Governmental Operations on the expenditure of State appropriations and on the effectiveness of the program including information on the number of clients served and the number of clients who successfully complete the Harriet's House program.
Requested by: Senators Ballance, Rand, Representatives Justus, Thompson, Kiser
DEPARTMENT OF CORRECTION/DEPARTMENT OF HUMAN RESOURCES JOINT PLAN/RESERVE FOR SUBSTANCE ABUSE TREATMENT PILOT PROGRAM FOR PAROLEES AND PROBATIONERS
Sec. 19.8. (a) The balance of the five hundred eighty-three thousand dollars ($583,000) appropriated in Chapter 24 of the Session Laws of the 1994 Extra Session to the Department of Correction for the 1994-95 fiscal year for an intensive out-patient substance abuse treatment pilot program for parolees and probationers with serious substance abuse histories shall not revert at the end of the fiscal year but shall remain in the Department for that purpose. The Department of Correction and the Department of Human Resources shall jointly report on the development and implementation of the pilot program to the Chairs of the Senate and House Appropriations Committees and the Chairs of the Senate and House Appropriations Subcommittees on Justice and Public Safety not later than May 15, 1996.
(b) This section becomes effective June 30, 1995.
Requested by: Senators Ballance, Rand, Representatives Justus, Thompson, Kiser
EXEMPTION FROM LICENSURE AND CERTIFICATE OF NEED
Sec. 19.9. (a) Inpatient chemical dependency or substance abuse facilities that provide services exclusively to inmates of the Department of Correction shall be exempt from licensure by the Department of Human Resources under Chapter 122C of the General Statutes. If an inpatient chemical dependency or substance abuse facility provides services both to inmates of the Department of Correction and to members of the general public, the portion of the facility that serves inmates shall be exempt from licensure.
(b) Any person who contracts to provide inpatient chemical dependency or substance abuse services to inmates of the Department of Correction may construct and operate a new chemical dependency or substance abuse facility for that purpose without first obtaining a certificate of need from the Department of Human Resources pursuant to Article 9 of Chapter 131E of the General Statutes. However, a new facility or addition developed for that purpose without a certificate of need shall not be licensed pursuant to Chapter 122C of the General Statutes and shall not admit anyone other than inmates unless the owner or operator first obtains a certificate of need.
(c) This section applies to existing facilities, as well as future facilities contracting with the Department of Correction.
Requested by: Senators Ballance, Rand, Representatives Justus, Thompson, Kiser
CORRECTIONS OVERSIGHT STUDY SALARY CONTINUATION
Sec. 19.10. (a) The Joint Legislative Corrections Oversight Committee shall study the salary continuation program in the Department of Correction provided for in Article 12B of Chapter 143 of the General Statutes. The Committee shall review:
(1) The numbers and types of positions in the Department of Correction currently receiving the benefit;
(2) The number and types of accidents occurring for which employees receive salary continuation;
(3) The application of this benefit to accidents and injuries on the job;
(4) The application of this benefit to certified positions and not to non-certified positions;
(5) The costs of this benefit to the Department and methods for reducing future costs.
(b) The Joint Legislative Corrections Oversight Committee shall report its findings and recommendations to the 1995 General Assembly, 1996 Regular Session.
Requested by: Senators Ballance, Rand, Plyler, Odom, Representatives Justus, Thompson, Kiser
DART AFTERCARE FUNDS
Sec. 19.11. Funds appropriated in this act to the Department of Correction for a Drug Alcohol Recovery Treatment (DART) aftercare program shall be used to contract for up to three pilot programs statewide to provide aftercare services, including counseling and job referral services, for DART DWI offenders and other offenders who have completed a DART program in the Division of Prisons.
The Department of Correction shall report on the pilot programs to the Chairs of the Senate and House Appropriations Committees and the Chairs of the Senate and House Appropriations Subcommittees on Justice and Public Safety by May 15, 1996. The report shall include information on the number of clients served, the quality of services, the cost-effectiveness of the services, and the benefits of the programs to offenders.
Requested by: Representatives Justus, Thompson, Kiser, Senators Ballance, Rand
WAIVER OF STATE PERSONNEL ACT REQUIREMENTS
Sec. 19.12. To the extent necessary in order to comply timely with a settlement agreement resulting from Title VII litigation, the Department of Correction may waive the requirements of the State Personnel Act contained in G.S. 126-7.1 and G.S. 126-16. This section applies only to the seventeen positions approved for Title VII compliance.
Requested by: Senators Ballance, Rand, Representatives Justus, Thompson, Kiser
FEDERAL GRANT REPORTING
Sec. 19.13. The Department of Correction, the Department of Justice, the Department of Crime Control and Public Safety, and the Judicial Department shall report by December 1 and June 1 of each year to the Joint Legislative Commission on Governmental Operations, the Chairs of the Senate and House Appropriations Committees, and the Chairs of the Senate and House Appropriations Subcommittees on Justice and Public Safety on federal grant funds received or pre-approved for receipt by those departments. The report shall include information on the amount of grant funds received or pre-approved for receipt by each department, the use of the funds, and the State match expended to receive the funds.
PART 20. DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY
Requested by: Representatives Justus, Thompson, Kiser, Senators Ballance, Rand
COMMUNITY SERVICE DISTRICT SUPERVISOR RESIDENCY REQUIREMENT
Sec. 20. (a) G.S. 143B-475.1 is amended by adding a new subsection to read:
"(e) In order to maximize the efficiency and effectiveness of the community service program, (i) beginning September 1, 1995, community service program districts shall have the same boundaries as the district court districts established in G.S. 7A-133 and (ii) beginning with persons hired on or after September 1, 1995, all community service program district supervisors employed by the Department of Crime Control and Public Safety to supervise each of the community service program districts shall reside in the district in which the supervisor works."
(b) This section is effective upon ratification.
PART 21. JUDICIAL DEPARTMENT
Requested by: Senators Ballance, Rand, Representatives Justus, Thompson, Kiser
INCREASE MAXIMUM ALLOWABLE MAGISTRATES FOR CURRITUCK, PASQUOTANK AND SURRY COUNTIES/DIVIDE DISTRICT COURT DISTRICT 9/ADD JUDGE IN DISTRICT COURT DISTRICT 29/ADD TWO SPECIAL SUPERIOR COURT JUDGES/MAGISTRATES ELIGIBILITY
Sec. 21.1. (a) Article 18 of Chapter 7A of the General Statutes is amended by adding a new section to read:
"§ 7A-200. District and set of districts defined; chief district court judges and their authority.
(a) In this section:
(1) 'District' means any district court district established by G.S. 7A-133 which consists exclusively of one or more entire counties;
(2) 'Set of districts' means any set of two or more district court districts established under G.S. 7A-133, none of which consists exclusively of one or more entire counties, but both or all of which include territory from the same county or counties and together comprise all of the territory of that county or those counties; and
(3) 'Chief district court judge' means in the case of a set of districts, the chief district court judge for those districts, designated by the chief justice from among the district court judges for the districts in the set of districts.
(b) Whenever by law a duty is imposed upon the chief district court judge, it means for a set of districts the chief district court judge designated under subsection (a)(3) of this section."
(b) Article 14 of Chapter 7A of the General Statutes is amended by adding a new section to read:
"§ 7A-149. Jurisdiction; sessions.
(a) Notwithstanding any other provision of law, a district court judge of a district court district which is in a set of districts as defined by G.S. 7A-200 has jurisdiction in the entire county or counties in which the district is located to the same extent as if the district encompassed the entire county, and has jurisdiction in the entire set of districts to the same extent as if the district encompassed the entire set of districts.
(b) All sessions of district court shall be for an entire county, whether that county comprises or is located in a district or in a set of districts as defined in G.S. 7A-200, and at each session all matters and proceedings arising anywhere in the county may be heard.
(c) All clerks of court for a county have jurisdiction over the entire county, notwithstanding that the county may be part of a set of districts."
(c) G.S. 7A-133 reads as rewritten:
"§ 7A-133. Numbers of judges by districts; numbers of magistrates and additional seats of court, by counties.
(a) Each district court district shall have the
numbers of judges and each county within the district shall have the numbers
of magistrates and additional seats of court, as set forth in the following
table:
Additional
Magistrates Seats
of
District Judges County Min.-Max. Court
1 4 Camden 1 2
Chowan 2 3
Currituck 1 2
Dare 3 8
Gates 2 3
Pasquotank 3 4
Perquimans 2 3
2 3 Martin 5 8
Beaufort 4 8
Tyrrell 1 3
Hyde 2 4
Washington 3 4
3A 3 Pitt 10 12 Farmville
Ayden
3B 4 Craven 7 10 Havelock
Pamlico 2 3
Carteret 5 8
4 6 Sampson 6 8
Duplin 9 11
Jones 2 3
Onslow 8 14
5 6 New Hanover 6 11
Pender 4 6
6A 2 Halifax 9 14 Roanoke
Rapids,
Scotland Neck
6B 3 Northampton 5 6
Bertie 4 5
Hertford 5 6
7 6 Nash 7 10 Rocky
Mount
Edgecombe 4 6 Rocky
Mount
Wilson 4 6
8 5 Wayne 5 11 Mount Olive
Greene 2 4
Lenoir 4 10 La
Grange
9 4 Granville 3 7
(part of Vance 3 5
see subsection (b))
Warren 3 4
Franklin 3 6
9A 2 Person 3 4
Caswell 2 5
9B 1 Warren
(part of Vance
see subsection (b))
10 12 Wake 12 20 Apex,
Wendell,
Fuquay-
Varina,
Wake Forest
11 6 Harnett 7 11 Dunn
Johnston 10 12 Benson,
Clayton
and Selma
Lee 4 6
12 6 Cumberland 10 17
13 4 Bladen 4 6
Brunswick 4 7
Columbus 6 8 Tabor
City
14 5 Durham 8 12
15A 3 Alamance 7 10 Burlington
15B 3 Orange 4 11 Chapel Hill
Chatham 3 8 Siler
City
16A 2 Scotland 3 5
Hoke 4 5
16B 5 Robeson 8 16 Fairmont,
Maxton,
Pembroke,
Red Springs,
Rowland,
St. Pauls
17A 2 Rockingham 4 9 Reidsville,
Eden,
Madison
17B 3 Stokes 2 5
Surry 5 8 Mt.
Airy
18 10 Guilford 20 26 High Point
19A 3 Cabarrus 5 9 Kannapolis
19B 3 Montgomery 2 4
Randolph 5 8 Liberty
19C 3 Rowan 5 10
20 6 Stanly 5 6
Union 4 6
Anson 4 5
Richmond 5 6 Hamlet
Moore 5 8 Southern
Pines
21 7 Forsyth 3 15 Kernersville
22 7 Alexander 2 3
Davidson 7 10 Thomasville
Davie 2 3
Iredell 4 9 Mooresville
23 3 Alleghany 1 2
Ashe 3 4
Wilkes 4 6
Yadkin 3 5
24 3 Avery 3 4
Madison 4 5
Mitchell 3 4
Watauga 4 6
Yancey 2 4
25 7 Burke 4 7
Caldwell 4 7
Catawba 6 10 Hickory
26 14 Mecklenburg 15 26
27A 5 Gaston 11 20
27B 4 Cleveland 5 8
Lincoln 4 6
28 5 Buncombe 6 15
29 4 5 Henderson 4 6
McDowell 3 5
Polk 3 4
Rutherford 6 8
Transylvania 2 4
30 4 Cherokee 3 4
Clay 1 2
Graham 2 3
Haywood 5 7 Canton
Jackson 3 4
Macon 3 4
Swain 2 3.
(b) For district court districts of less than a whole county, or with part or all of one county with part of another, the composition of the district is as follows:
(1) District Court District 9 consists of Franklin and Granville Counties and the remainder of Vance County not in District Court District 9B.
(2) District Court District 9B consists of Warren County and East Henderson I, North Henderson I, North Henderson II, Middleburg, Townsville, and Williamsboro Precincts of Vance County.
Precinct boundaries as used in this section for Vance County are those shown on maps on file with the Legislative Services Office on May 1, 1991, and for other counties are those reported by the United States Bureau of the Census under Public Law 94-171 for the 1990 Census in the IVTD Version of the TIGER files.
(c) Each county shall have the numbers of magistrates and additional seats of district court, as set forth in the following table:
Additional
Magistrates Seats of
County Min.-Max. Court
Camden 1 2
Chowan 2 3
Currituck 1 3
Dare 3 8
Gates 2 3
Pasquotank 3 5
Perquimans 2 3
Martin 5 8
Beaufort 4 8
Tyrrell 1 3
Hyde 2 4
Washington 3 4
Pitt 10 12 Farmville
Ayden
Craven 7 10 Havelock
Pamlico 2 3
Carteret 5 8
Sampson 6 8
Duplin 9 11
Jones 2 3
Onslow 8 14
New Hanover 6 11
Pender 4 6
Halifax 9 14 Roanoke
Rapids,
Scotland Neck
Northampton 5 6
Bertie 4 5
Hertford 5 6
Nash 7 10 Rocky Mount
Edgecombe 4 6 Rocky Mount
Wilson 4 6
Wayne 5 11 Mount Olive
Greene 2 4
Lenoir 4 10 La Grange
Granville 3 7
Vance 3 5
Warren 3 4
Franklin 3 6
Person 3 4
Caswell 2 5
Wake 12 20 Apex,
Wendell,
Fuquay-
Varina,
Wake Forest
Harnett 7 11 Dunn
Johnston 10 12 Benson,
Clayton,
Selma
Lee 4 6
Cumberland 10 17
Bladen 4 6
Brunswick 4 7
Columbus 6 8 Tabor City
Durham 8 12
Alamance 7 10 Burlington
Orange 4 11 Chapel Hill
Chatham 3 8 Siler City
Scotland 3 5
Hoke 4 5
Robeson 8 16 Fairmont ,
Maxton,
Pembroke,
Red Springs,
Rowland,
St. Pauls
Rockingham 4 9 Reidsville,
Eden,
Madison
Stokes 2 5
Surry 5 9 Mt. Airy
Guilford 20 26 High Point
Cabarrus 5 9 Kannapolis
Montgomery 2 4
Randolph 5 8 Liberty
Rowan 5 10
Stanly 5 6
Union 4 6
Anson 4 5
Richmond 5 6 Hamlet
Moore 5 8 Southern
Pines
Forsyth 3 15 Kernersville
Alexander 2 3
Davidson 7 10 Thomasville
Davie 2 3
Iredell 4 9 Mooresville
Alleghany 1 2
Ashe 3 4
Wilkes 4 6
Yadkin 3 5
Avery 3 4
Madison 4 5
Mitchell 3 4
Watauga 4 6
Yancey 2 4
Burke 4 7
Caldwell 4 7
Catawba 6 10 Hickory
Mecklenburg 15 26
Gaston 11 20
Cleveland 5 8
Lincoln 4 6
Buncombe 6 15
Henderson 4 6
McDowell 3 5
Polk 3 4
Rutherford 6 8
Transylvania 2 4
Cherokee 3 4
Clay 1 2
Graham 2 3
Haywood 5 7 Canton
Jackson 3 4
Macon 3 4
Swain 2 3."
(d) The Governor shall appoint the additional district court judge for District Court District 9B authorized by subsection (c) of this section. A successor shall be elected in the 1998 general election for a four-year term commencing the first Monday in December 1998.
(e) The Governor shall appoint the additional district court judge for District Court District 29 authorized by subsection (c) of this section. A successor shall be elected in the 1998 general election for a four-year term commencing the first Monday in December 1998.
(f) G.S. 7A-45.1 is amended by adding a new subsection to read:
"(a1) Effective October 1, 1995, the Governor may appoint two special superior court judges to serve terms expiring September 30, 2000. Successors to the special superior court judges appointed pursuant to this subsection shall be appointed to five-year terms. A special judge takes the same oath of office and is subject to the same requirements and disabilities as are or may be prescribed by law for regular judges of the superior court, save the requirement of residence in a particular district."
(g) Notwithstanding any other provision of law, any person who has previously served as a a magistrate is eligible to be appointed as a magistrate.
(h) Subsections (c) and (d) of this section become effective January 1, 1996, or 15 days after the date upon which those subsections are approved under Section 5 of the Voting Rights Act of 1965, whichever is later, except that the additional district court judgeship for district court district 29 authorized by subsection (c) of this section becomes effective January 1, 1996. Subsection (f) of this section becomes effective October 1, 1995. Subsection (g) of this section is effective upon ratification. The remainder of this section becomes effective January 1, 1996.
(i) The provisions of this section are severable. If any provision of this section is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions of the section that can be given effect without the invalid provision.
Requested by: Representatives Justus, Thompson, Mercer, Senator Ballance
RECIDIVISM STUDY
Sec. 21.2. The North Carolina Sentencing and Policy Advisory Commission shall contract with an external consultant to study recidivism of criminal offenders assigned to community correctional programs or released from prison. The community correctional programs to be studied shall include Treatment Alternatives to Street Crime (TASC), Community Penalties Program, Community Service, and all supervised probation and parole programs. The study shall identify those offenders rearrested within two years or more after assignment to a program or release from prison.
Of the funds appropriated to the Judicial Department for the 1995-97 biennium, the Department may use up to fifty thousand dollars ($50,000) during the 1995-97 biennium to contract with an external consultant for this study. The Department shall provide the consultant's report to the Chairs of the Senate and House Appropriations Committees and the Chairs of the Senate and House Appropriations Subcommittees on Justice and Public Safety by May 1, 1996.
Requested by: Senators Ballance, Rand Representatives Justus, Thompson, Kiser
INDIGENT PERSONS' ATTORNEY FEE FUND
Sec. 21.3. (a) Effective July 1, 1995, the Administrative Office of the Courts shall each year of the 1995-97 biennium reserve funds for capital cases and for transcripts, professional examinations, and expert witness fees from the Indigent Persons' Attorney Fee Fund. The remaining available funds in the Indigent Persons' Attorney Fee Fund shall be allotted for adult, juvenile, and guardian ad litem cases for the 1995-96 and 1996-97 fiscal years to each judicial district in which the superior and district court districts are coterminous, and otherwise by county, according to the caseload of indigent persons who were not represented by the public defender in the districts or counties during 1994-95 and 1995-96 respectively.
The Administrative Office of the Courts shall notify all senior resident superior court judges, all chief district court judges, and the clerk of superior court within the district or county immediately after the allotment is made and shall provide a monthly report on the status of the allotment for the district or county.
The senior resident superior court judge and the chief district court judge of each district or county shall ask all judges holding court within the district or county: (i) to take into consideration the amount of money allotted at the beginning of the fiscal year and the amount of money remaining in the allotment when they award counsel fees to attorneys of indigent persons, and (ii) to make an effort to award fees equally and justly for legal services provided. The clerk of superior court for each county shall ensure that all judges holding court within the county receive this request from the senior resident superior court judge and the chief district court judge.
(b) If the funds allotted pursuant to subsection (a) of this section are depleted in a district or county prior to the end of the fiscal year, the Administrative Office of the Courts shall allot any available funds from the reserve fund specified in subsection (a) or from unanticipated receipts. However, if necessary and appropriate due to unusual and unanticipated circumstances occurring in the current year, the Administrative Office of the Courts may allocate available funds to a district or county in a manner calculated to result in the reasonably fair distribution of remaining funds.
(c) If funds allocated in subsections (a) and (b) are depleted in a district or county prior to the end of the fiscal year, the Administrative Office of the Courts shall allot available funds from the Public Defender program.
(d) If the funds allotted pursuant to subsections (a), (b), and (c) of this section are depleted in a district or county prior to the end of the fiscal year, the Administrative Office of the Courts is authorized to transfer funds between districts or counties only if the Administrative Office of the Courts determines that the funds transferred will not be needed to meet the obligations incurred by the Indigent Persons' Attorney Fee Fund for the county or district from which the funds are transferred for the fiscal year.
Requested by: Representatives Justus, Thompson, Kiser, Senators Ballance, Rand
ASSISTANT PUBLIC DEFENDERS
Sec. 21.4. From funds appropriated to the Indigent Persons' Attorney Fee Fund for the 1995-97 biennium, the Administrative Office of the Courts may use up to one hundred eighty-eight thousand nine hundred ninety-four dollars ($188,994) in the 1995-96 fiscal year, and up to one hundred eighty-six thousand one hundred seventy-one dollars ($186,171) in the 1996-97 fiscal year for salaries, benefits, and related expenses to establish up to three new assistant public defenders.
Requested by: Representatives Justus, Thompson, Redwine, Kiser, Senators Ballance, Rand
DISPUTE SETTLEMENT FUNDS
Sec. 21.5. (a) Of the three hundred sixty-three thousand five hundred dollars ($363,500) appropriated in this act for each fiscal year of the 1995-97 biennium for new and additional funding for dispute settlement centers, twenty-five thousand dollars ($25,000) each shall be allocated for new funding for the Blue Ridge Dispute Settlement Center and the Sandhills Mediation Center, fifteen thousand dollars ($15,000) each shall be allocated for new funding for the Duplin County Dispute Settlement Center and Mediation Services of Rockingham County, and ten thousand dollars ($10,000) shall be allocated for new funding for the Dispute Settlement Center of Moore County. The remaining funds for each fiscal year shall be allocated for additional funding as follows:
(1) $5,000 for the Alamance County Dispute Settlement Center;
(2) $25,000 for the Charlotte/Mecklenburg Community Relations Committee/Dispute Settlement Program;
(3) $10,000 for the Cumberland County Dispute Resolution Center;
(4) $10,000 for The Dispute Settlement Center of Cape Fear;
(5) $20,000 for the Dispute Settlement Center of Durham, Inc.;
(6) $13,500 for the Henderson County Dispute Settlement Center;
(7) $10,000 for The Mediation Center in Buncombe County;
(8) $30,000 for the Mediation Center of Eastern Carolina to expand into Craven and Carteret Counties;
(9) $15,000 for the Mediation Center of Gaston County, Inc.;
(10) $15,000 for Mediation Services of Forsyth County;
(11) $23,000 for Mediation Services of Guilford County;
(12) $44,000 for the Mountain Dispute Settlement Center;
(13) $25,000 for the Orange County Dispute Settlement Center;
(14) $13,000 for the Transylvania Dispute Settlement Center; and
(15) $15,000 for the Robeson County Dispute Resolution Center.
(b) The provisions of subsection (c) of Section 21.5 of Chapter 324 of the 1995 Session Laws shall not apply to the Robeson County Dispute Resolution Center during the 1995-97 biennium.
Requested by: Senators Ballance, Rand, Representatives Justus, Thompson, Kiser
DRUG TREATMENT COURTS/FUNDS IN RESERVE
Sec. 21.6. (a) Chapter 7A of the General Statutes is amended by adding a new Subchapter to read:
"SUBCHAPTER XIV. DRUG TREATMENT COURTS.
"ARTICLE 62.
"North Carolina Drug Treatment Court Act.
"§ 7A-790. Short title.
This Article shall be known and may be cited as the 'North Carolina Drug Treatment Court Act of 1995'.
"§ 7A-791. Purpose.
The General Assembly recognizes that a critical need exists in this State for criminal justice system programs that will reduce the incidence of drug use and drug addiction and crimes committed as a result of drug use and drug addiction. It is the intent of the General Assembly by this Article to create a program to facilitate the creation of drug treatment court pilot programs in a minimum of two judicial districts.
"§ 7A-792. Goals.
The goals of the drug treatment court programs funded under this Article include the following:
(1) To reduce alcoholism and other drug dependencies among offenders;
(2) To reduce recidivism;
(3) To reduce the drug-related court workload;
(4) To increase the personal, familial, and societal accountability of offenders; and
(5) To promote effective interaction and use of resources among criminal justice personnel and community agencies.
"§ 7A-793. Establishment of Program.
The North Carolina Drug Treatment Court Program is established in the Administrative Office of the Courts to facilitate the creation of drug treatment court programs and the funding of pilot drug treatment court programs. Drug treatment court programs funded pursuant to this Article shall be operated consistent with the guidelines promulgated by the Director of the Administrative Office of the Courts in consultation with the State Drug Treatment Court Advisory Committee established in G.S. 7A-795. In promulgating the guidelines, the Director and the Advisory Committee shall consider the Substance Abuse and the Courts Action Plan and other recommendations of the Substance Abuse and the Courts State Task Force.
"§ 7A-794. Fund administration.
The Drug Treatment Court Program Fund is created in the Administrative Office of the Courts and is administered by the Director of the Administrative Office of the Courts in consultation with the State Drug Treatment Court Advisory Committee. The Director of the Administrative Office of the Courts shall award grants from this Fund and implement drug treatment court programs in a minimum of two judicial districts. Grants shall be awarded based upon the general guidelines set forth by the Director of the Administrative Office of the Courts and the State Drug Treatment Court Advisory Committee.
"§ 7A-795. State Drug Treatment Court Advisory Committee.
The State Drug Treatment Court Advisory Committee is established to develop guidelines for the drug treatment court program and to monitor programs wherever they are implemented. The Committee shall be chaired by the Director of the Administrative Office of the Courts or the Director's designee and shall consist of not less than seven members appointed by the Director and broadly representative of the courts, corrections, and substance abuse treatment communities.
"§ 7A-796. Local drug treatment court management committee
Each judicial district choosing to establish a drug treatment court or applying to participate in a funded pilot program shall form a local drug treatment court management committee, consisting of the following persons, appointed by the senior resident superior court judge with the concurrence of the district attorney for that district:
(1) A judge of the superior court;
(2) A judge of the district court;
(3) A district attorney or assistant district attorney;
(4) A public defender or assistant public defender in judicial districts served by a public defender;
(5) A member of the private criminal defense bar;
(6) A clerk of superior court;
(7) The trial court administrator in judicial districts served by a trial court administrator;
(8) A probation officer;
(9) A local law enforcement officer;
(10) A representative of the local community college;
(11) A representative of the treatment providers;
(12) The local program director provided for in G.S. 7A-798; and
(13) Any other persons selected by the local management committee.
The local drug treatment court management committee shall develop local guidelines and procedures, not inconsistent with the State guidelines, that are necessary for the operation and evaluation of the local drug treatment court.
"§ 7A-797. Eligible population; drug treatment court procedures.
The Director of the Administrative Office of the Courts, in conjunction with the State Drug Treatment Court Advisory Committee, shall develop criteria for eligibility and other procedural and substantive guidelines for drug treatment court operation.
"§ 7A-798. Drug treatment court grant application; local program director.
(a) Grant applications for the pilot programs shall be submitted to the Director of the Administrative Office of the Courts, in such form and with such information as the Director may require consistent with the provisions of this Article. Grants shall be awarded to two or more judicial districts that submit the most comprehensive and feasible plans for the implementation and operation of a drug treatment court. The Director shall award and administer grants in accordance with any laws made for that purpose, including appropriations acts and provisions in appropriations acts, and may adopt rules for the implementation, operation, and monitoring of grant-funded programs.
(b) Grant applications shall specify a local program director who shall be responsible for local administration of the project. Grant funds may be used to fund a full-time or part-time local program director position. The local program director may be an employee of the grant recipient, an employee of the court, or a grant-established position under the senior resident superior court judge or chief district court judge.
"§ 7A-799. Treatment not guaranteed.
Nothing contained in this Article shall confer a right or an expectation of a right to treatment for a defendant or offender within the criminal justice system.
"§ 7A-800. Payment of costs of treatment program.
Each defendant shall contribute to the cost of the substance abuse treatment received in the drug treatment court program, based upon guidelines developed by the local drug treatment court management committee.
"§ 7A-801. Plan for evaluation.
Each grant application requesting funding for the pilot program shall include a method for evaluating the pilot program's effectiveness, based upon the goals stated in G.S. 7A-792. Each funded program shall submit evaluation reports to the Administrative Office of the Courts as requested. Additionally, the Administrative Office of the Courts shall be responsible for developing an evaluation model on the State level to compare the effectiveness of all pilot programs and shall submit a report to the General Assembly by May 1, 1998."
(b) Funds to implement and evaluate the pilot programs established under the North Carolina Drug Treatment Court Act shall be allocated from the reserve of eight hundred thousand dollars ($800,000) created in Section 41 of Chapter 24 of the Session Laws of the 1994 Extra Session. These funds shall be used primarily to provide substance abuse treatment, but the sum of two hundred thousand dollars ($200,000) for the 1995-96 fiscal year shall be used to fund systemwide equipment needs and the sum of forty-three thousand seven hundred seventy-five dollars ($43,775) for the 1995-96 fiscal year and the sum of fifty-two thousand five hundred fifty-one thousand dollars ($52,551) for the 1996-97 fiscal year may be used to fund one program administrator position.
(c) Subsection (a) of this section becomes effective July 1, 1995, and expires June 30, 1998. The remainder of this section becomes effective October 1, 1995.
Requested by: Senators Ballance, Rand, Representatives Justus, Thompson, Kiser
ADD ADDITIONAL ASSISTANT DISTRICT ATTORNEYS
Sec. 21.7. G.S. 7A-60(a1) reads as rewritten:
"(a1) The counties of the State are organized into prosecutorial districts, and each district has the counties and the number of full-time assistant district attorneys set forth in the following table:
No. of Full-Time
Prosecutorial Asst. District
District Counties Attorneys
1 Camden, Chowan, Currituck, 7 8
Dare, Gates, Pasquotank,
Perquimans
2 Beaufort, Hyde, Martin, 4
Tyrrell, Washington
3A Pitt 6
7
3B Carteret, Craven, Pamlico 6
4 Duplin, Jones, Onslow, 10
Sampson
5 New Hanover, Pender 9
6A Halifax 3
6B Bertie, Hertford, 3
Northampton
7 Edgecombe, Nash, Wilson 10
8 Greene, Lenoir, Wayne 8
9 Franklin,
Granville, 7 8
Vance, Warren
9A Person, Caswell 2
10 Wake 19
20
11 Harnett,
Johnston, Lee 9 10
12 Cumberland 12
13 Bladen, Brunswick, Columbus 6
14 Durham 9
15A Alamance 6
15B Orange, Chatham 5
16A Scotland, Hoke 3
16B Robeson 7
17A Rockingham 4
17B Stokes, Surry 4
18 Guilford 17 18
19A Cabarrus 4
19B Montgomery, Randolph 5
19C Rowan 4
20 Anson,
Moore, Richmond, 11 12
Stanly, Union
21 Forsyth 12
22 Alexander, Davidson, Davie, 11
Iredell
23 Alleghany, Ashe, Wilkes, 4
Yadkin
24 Avery, Madison, Mitchell, 3
Watauga, Yancey
25 Burke, Caldwell, Catawba 11
26 Mecklenburg 23 24
27A Gaston 8
27B Cleveland, 5
Lincoln
28 Buncombe 8
29 Henderson, McDowell, Polk, 8
Rutherford, Transylvania
30 Cherokee, Clay, Graham, 6
Haywood, Jackson, Macon,
Swain."
Requested by: Senators Ballance, Rand, Representatives Justus, Thompson, Kiser
MEDIATED SETTLEMENT CONFERENCE FUNDS
Sec. 21.8. Of the funds appropriated to the Judicial Department for the 1995-96 fiscal year, the sum of sixty thousand seventeen dollars ($60,017) shall be used to support the operation of the Dispute Resolution Commission to carry out the Mediated Settlement Conferences program. Any fees collected pursuant to G.S. 7A-38.2(d) shall be placed in a reserve and may not be expended until the 1996-97 fiscal year.
Requested by: Senators Ballance, Rand, Representatives Justus, Thompson, Kiser
CRIMINAL CASE MANAGEMENT FUNDS
Sec. 21.10. Of the funds appropriated to the Judicial Department for the 1995-97 biennium, the Administrative Office of the Courts shall use the sum of fifty thousand dollars ($50,000) for the 1995-96 fiscal year and the sum of fifty thousand dollars ($50,000) for the 1996-97 fiscal year to establish a criminal case management pilot program in the Twelfth and Thirteenth Judicial Districts to help reduce the backlog of court cases and resolve new court cases quicker. A case management facilitator position shall be added to the district attorney's office in both of those judicial districts to help implement the pilot program and the positions shall be filled after consultation with the Senior Resident Superior Court Judges in both of those judicial districts.
The Administrative Office of the Courts shall report by May 1, 1996 to the Chairs of the Senate and House Appropriations Committees and the Chairs of the Senate and House Appropriations Subcommittees on Justice and Public Safety on the implementation of the pilot program.
PART 22. DEPARTMENT OF JUSTICE
Requested by: Senators Ballance, Rand, Plyler, Perdue, Odom, Representatives Justus, Thompson, Kiser, Holmes, Creech, Esposito
DEPARTMENT OF JUSTICE RECORD CHECKS STAFF AND FIREARMS TRAINING FUNDS
Sec. 22. (a) Of the funds appropriated in this act to the Department of Justice for the 1995-97 biennium, the sum of two hundred ninety-seven thousand four hundred seventy-three dollars ($297,473) may be used to add nine positions in the State Bureau of Investigation to facilitate record checks that are performed as a result of legislation ratified during the 1995 Session.
(b) The Department of Justice may use, for each year of the 1995-97 biennium, the sum of up to three hundred seventy-nine thousand two hundred eighty-seven dollars ($379,287) to add 15 positions in the State Bureau of Investigation to facilitate record checks for concealed weapons permits. The Office of State Budget and Management may adjust the allotment of appropriations to the Department of Justice until receipts are realized. If the number of criminal record checks performed by the Department of Justice falls below the level of 10,000 checks per one and one-half positions, the number of positions performing records checks shall be reduced by the Department accordingly.
(c) The Department of Justice may charge a fee for the reasonable costs of the firearms safety courses required for a concealed weapon permit. The Department of Justice may use up to one hundred thousand dollars ($100,000) of its State appropriations to pay the costs of developing standards and implementing firearms safety courses until receipts from the courses are sufficient and available to pay the cost of those courses.
Requested by: Senators Ballance, Rand, Representatives Justus, Thompson, Kiser
CONCEALED WEAPON PERMITS
Sec. 22.1. (a) G.S. 14-415.19 as enacted by Chapter 398 of the 1995 Session Laws reads as rewritten:
"§ 14-415.19. Fees.
(a) The permit fees assessed under this Article are
payable to the sheriff. The sheriff shall transmit the proceeds of these fees
to the county finance officer to be used to pay the costs of the criminal
record checks and investigations required under this Article. to be
remitted or credited by the county finance officer in accordance with the
provisions of this subsection. The permit fees are as follows:
Application fee ..........................$50.00 $80.00
Renewal fee ..............................$50.00 $80.00
Duplicate permit fee .....................$15.00
The county finance officer shall remit sixty dollars ($60.00) of each application or renewal fee to the North Carolina Department of Justice for the costs of State and federal criminal record checks performed in connection with processing applications and for the implementation of the provisions of this Article. The remaining twenty dollars ($20.00) of each application or renewal fee shall be used by the sheriff to pay the costs of administering this Article and for other law enforcement purposes. The county shall expend the restricted funds for these purposes only.
(b) An additional fee, not to exceed ten dollars
($10.00), shall be collected by the sheriff from an applicant for a
permit to pay for the costs of processing the applicant's fingerprints. This
fee shall be retained by the law enforcement office that processes the
fingerprints. sheriff."
(b) G.S. 14-415.13(a) reads as rewritten:
"(a) A person shall apply to the sheriff of the county in which the person resides to obtain a concealed handgun permit. The applicant shall submit to the sheriff all of the following:
(1) An application, completed under oath, on a form provided by the sheriff.
(2) A nonrefundable permit fee.
(3) A full set of fingerprints of the applicant
administered by a law enforcement agency of this State. the sheriff.
(4) An original certificate of completion of an approved course, adopted and distributed by the North Carolina Criminal Justice Education and Training Standards Commission, signed by the certified instructor of the course attesting to the successful completion of the course by the applicant which shall verify that the applicant is competent with a handgun and knowledgeable about the laws governing the carrying of a concealed handgun and the use of deadly force.
(5) A release, in a form to be prescribed by the Administrative Office of the Courts, that authorizes and requires disclosure to the sheriff of any records concerning the mental health or capacity of the applicant."
(c) G.S. 14-415.11(b) reads as rewritten:
"(b) The sheriff shall issue a permit to carry a
concealed handgun to a person who qualifies for a permit under G.S. 14-415.12.
The permit shall be valid throughout the State for a period of three four
years from the date of issuance."
(d) The Department of Justice shall report quarterly to the Joint Legislative Commission on Governmental Operations, the Co-chairs of the Joint Appropriations Committee, and the Co-chairs of the Subcommittees on Justice and Public Safety on the receipts, costs for, and number of criminal record checks performed in connection with applications for concealed weapons permits. The report by the Department of Justice shall also include information on the number of applications received and approved for firearms safety courses.
(e) This section becomes effective December 1, 1995.
Requested by: Senators Ballance, Rand, Representatives Justus, Thompson, Kiser
CONCEALED WEAPON PERMIT RENEWAL
Sec. 22.2. (a) G.S. 14-415.13(b) reads as rewritten:
"(b) The sheriff shall submit the fingerprints to
the State Bureau of Investigation for a records check of State and national
databases. The State Bureau of Investigation shall submit the fingerprints to
the Federal Bureau of Investigation as necessary. The cost of processing the
set of fingerprints shall be charged to an applicant as provided by G.S.
14-415.19. The fingerprints of an applicant who is issued a permit shall be
retained for future use in the event the permit is renewed, and shall be
retained until any valid permit expires and is not renewed."
(b) G.S. 14-415.16 reads as rewritten:
"§ 14-415.16. Renewal of permit.
The holder of a permit shall apply to renew the permit at
least 30 days prior to its expiration date by filing with the sheriff of the
county in which the person resides a renewal form provided by the sheriff's
office, a notarized affidavit stating that the permittee remains qualified
under the criteria provided in this Article, a newly administered full set
of the permittee's fingerprints, and a renewal fee. Upon receipt of the
completed renewal application and application, including the
permittee's fingerprints, and the appropriate payment of fees, the sheriff
shall determine if the permittee remains qualified to hold a permit in
accordance with the provisions of G.S. 14-415.12. The permittee's criminal
history shall be updated, and the sheriff may waive the requirement of taking
another firearms safety and training course. If the permittee applies for a
renewal of the permit within 30 days of its expiration date and if the
permittee remains qualified to have a permit under G.S. 14-415.12, the sheriff
shall renew the permit."
(c) This section becomes effective December 1, 1995.
Requested by: Senators Ballance, Rand, Representatives Justus, Thompson, Kiser
REIMBURSEMENT FOR UNC BOARD OF GOVERNORS LEGAL REPRESENTATION
Sec. 22.4. The Department of Justice shall be reimbursed by the Board of Governors of The University of North Carolina for two Attorney III positions to provide legal representation to The University of North Carolina system.
PART 23. DEPARTMENT OF HUMAN RESOURCES
Requested by: Representatives Gardner, Hayes, Senator Martin of Guilford
PHYSICIAN SERVICES
Sec. 23.1. With the approval of the Office of State Budget and Management, the Department of Human Resources may use funds appropriated in this act for across-the-board salary increases and performance pay to offset similar increases in the costs of contracting with private and independent universities for the provision of physician services to clients in facilities operated by the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services. This offsetting shall be done in the same manner as is currently done with constituent institutions of The University of North Carolina.
Requested by: Representatives Gardner, Hayes, Nye, Senators Martin of Guilford, Forrester
AREA AUTHORITY ACCOUNTABILITY/STATE ACTION
Sec. 23.2. Part 2 of Article 4 of Chapter 122C of the General Statutes is amended by adding the following new sections to read:
"§ 122C-124. Area Authority funding suspended.
The Secretary of the Department of Human Resources may suspend funding to any area authority with a revenue or expenditure budget variance of ten percent (10%) or a significant deterioration in the fund balance of the authority's general fund. A significant deterioration of fund balance is defined as a twenty-five percent (25%) decrease in the balance from one fiscal year to the next without the prior approval of the Department. Area authorities shall report any such revenue or expenditure variance or deterioration in fund balance to the Department of Human Resources within 30 days of its occurrence. In the event that funding is suspended, the Department of Human Resources may contract with, and make payments of Department funds on an interim basis directly to, a contract provider of the area authority to avoid the disruption of direct services to clients.
Upon suspension of funding, the Department shall, in conjunction with the area authority, develop and implement a corrective plan of action and provide notification to the area authority's board of directors of the plan. The Department shall also keep the county board of commissioners and the area authority's board of directors informed of any ongoing concerns or problems with the area authority's finances.
"§ 122C-125. Area Authority financial failure; State assumption of financial control.
At any time that the Secretary of the Department of Human Resources determines that an area authority is in imminent danger of failing financially and of failing to provide direct services to clients, the Secretary may assume control of the financial affairs of the area authority and appoint an administrator to exercise the powers assumed. This assumption of control shall have the effect of divesting the area authority of its powers as to the adoption of budgets, expenditures of money, and all other financial powers conferred in the area authority by law. County funding of the area authority shall continue when the State has assumed control of the financial affairs of the area authority. At no time after the State has assumed this control shall a county withdraw funds previously obligated or appropriated to the area authority. The Secretary shall adopt rules to define imminent danger of failing financially and of failing to provide direct services to clients.
Upon assumption of financial control, the Department shall, in conjunction with the area authority, develop and implement a corrective plan of action and provide notification to the area authority's board of directors of the plan. The Department shall also keep the county board of commissioners and the area authority's board of directors informed of any ongoing concerns or problems with the area authority's finances.
"§ 122C-126. Area authority caretakers appointed.
In the event that an area authority fails to comply with the corrective plan of action required pursuant to G.S. 122C-124 when funding is suspended or pursuant to G.S. 122C-125 when the State assumes financial control of the area authority, the Secretary of the Department of Human Resources shall appoint a caretaker administrator, a caretaker board of directors, or both.
The Secretary may assign any of the powers and duties of the director of the area authority and of the board of directors and the caretaker board to the caretaker administrator as it deems necessary and appropriate to continue to provide direct services to clients, including the powers as to the adoption of budgets, expenditures of money, and all other financial powers conferred on the area authority by law. County funding of the area authority shall continue when the State has assumed control of the financial affairs of the area authority. At no time after the State has assumed this control shall a county withdraw funds previously obligated or appropriated to the area authority. The caretaker administrator and the caretaker board shall perform all of these powers and duties. The Secretary may terminate the contract of any director when it appoints a caretaker administrator. The Administrative Procedure Act shall apply to any such decision. Neither party to any such contract shall be entitled to damages.
After a caretaker board has been appointed, the General Assembly shall consider, at its next regular session, the future governance of the identified area authority."
Requested by: Representatives Gardner, Hayes, Senator Martin of Guilford
AREA AUTHORITY BOARD TRAINING
Sec. 23.3. Part 2 of Article 4 of Chapter 122C of the General Statutes is amended by inserting the following new section to read:
"§ 122C-119.1. Area Authority board members' training.
All members of an area authority's board of directors shall receive initial orientation on board members' responsibilities and training provided by the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services of the Department of Human Resources in fiscal management, budget development, and fiscal accountability. A member's refusal to be trained may be grounds for removal from the board."
Requested by: Representatives Gardner, Hayes, Senator Martin of Guilford
CONFIDENTIAL CLIENT INFORMATION SHARING CLARIFIED
Sec. 23.4. G.S. 122C-53(i) reads as rewritten:
"(i) Upon the request of a client, (i) a
client who is an adult and who has not been adjudicated incompetent under
Chapter 35A or former Chapters 33 or 35 of the General Statutes, or (ii) the
legally responsible person for any other client, a facility shall disclose
to an attorney confidential information relating to that client."
Requested by: Representatives Gardner, Hayes, Senator Martin of Guilford
NONMEDICAID REIMBURSEMENT CHANGES
Sec. 23.5. Section 23.16 of Chapter 324 of the 1995 Session Laws reads as rewritten:
"Sec. 23.16. Providers of medical services under the various State programs, other than Medicaid, offering medical care to citizens of the State shall be reimbursed at rates no more than those under the North Carolina Medical Assistance Program. Hospitals that provide psychiatric inpatient care for Thomas S. class members or adults with mental retardation and mental illness may be paid an additional incentive payment not to exceed fifteen percent (15%) of their regular daily per diem reimbursement.
The Department of Human Resources may reimburse hospitals at the full prospective per diem rates without regard to the Medical Assistance Program's annual limits on hospital days. When the Medical Assistance Program's per diem rates for inpatient services and its interim rates for outpatient services are used to reimburse providers in non-Medicaid medical service programs, retroactive adjustments to claims already paid shall not be required.
Notwithstanding the provisions of paragraph one, the Department of Human Resources may negotiate with providers of medical services under the various Department of Human Resources programs, other than Medicaid, for rates as close as possible to Medicaid rates for the following purposes: contracts or agreements for medical services and purchases of medical equipment and other medical supplies. These negotiated rates are allowable only to meet the medical needs of its non-Medicaid eligible patients, residents, and clients who require such services which cannot be provided when limited to the Medicaid rate.
Maximum net family annual income eligibility standards for services in these programs shall be as follows:
Medical Eye All
Family Size Care Adults Rehabilitation Other
1 $ 4,860 $ 8,364 $ 4,200
2 5,940 10,944 5,300
3 6,204 13,500 6,400
4 7,284 16,092 7,500
5 7,824 18,648 7,900
6 8,220 21,228 8,300
7 8,772 21,708 8,800
8 9,312 22,220 9,300
The eligibility level for children in the Medical Eye Care Program in the Division of Services for the Blind and for adults in the Clozaril Program in the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services shall be one hundred percent (100%) of the federal poverty guidelines, as revised annually by the United States Department of Health and Human Services and in effect on July 1 of each fiscal year. Additionally, those adults enrolled in the Clozaril Program who become gainfully employed may continue to be eligible to receive State support, in decreasing amounts, for the purchase of Clozaril and related services up to three hundred percent (300%) of the poverty level.
State financial participation in the Clozaril Program for those enrollees who become gainfully employed is as follows:
Income State Participation Client Participation
(% of poverty)
0-100% 100% 0%
101-120% 95% 5%
121-140% 85% 15%
141-160% 75% 25%
161-180% 65% 35%
191-180% 65% 35%
201-220% 45% 55%
221-240% 35% 65%
241-260% 25% 75%
261-280% 15% 85%
281-300% 5% 95%
301%-over 0% 100%.
The Department of Human Resources shall contract at, or as close as possible to, Medicaid rates for medical services provided to residents of State facilities of the Department."
Requested by: Senators Martin of Guilford, Forrester, Representatives Gardner, Hayes, Nye
BLUE RIBBON TASK FORCE ON THE ISSUE OF THE POTENTIAL IMPACT OF FEDERAL BLOCK GRANT FUNDING AND OTHER FEDERAL ACTIONS ON MEDICAID IN NORTH CAROLINA.
Sec. 23.5A. (a) There is established in the General Assembly a Blue Ribbon Task Force on the issue of the potential impact of federal block grant funding and other federal actions on Medicaid in North Carolina. The task force's study shall include:
(1) An examination of the potential impacts on all of North Carolina's diverse populations effected by Medicaid and on all of North Carolina's organizations that provide programs and services related to Medicaid;
(2) A determination of the fiscal and organizational adjustments that would need to be made to balance each of the potential impacts;
(3) A recommendation of how best the General Assembly may address Medicaid and related issues; and
(4) Any other Medicaid-related issues.
(b) The task force shall be composed of 12 members, six of whom shall be members of the House of Representatives at the time of their appointment, appointed by the Speaker of the House of Representatives, and six of whom shall members of the Senate at the time of their appointment, appointed by the President Pro Tempore of the Senate.
The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall each select a member from their appointments to serve as cochair of the task force. Meetings shall be called at the will of the cochairs.
All members shall serve at the will of their appointing officer. Unless removed or unless resigning, members shall serve until the task force has made its report. Vacancies in membership shall be filled by the appropriate appointing officer.
(c) The task force may contract for consultant services as provided by G.S. 120-32.02. Upon approval of the Legislative Services Commission, the Legislative Administrative Officer shall assign professional and clerical staff to assist in the work of the task force. The professional staff shall include the appropriate staff from the Fiscal Research, Research, and Legislative Drafting Divisions of the Legislative Services Office of the General Assembly. Clerical staff shall be furnished to the task force through the offices of House of Representatives and Senate Supervisors of Clerks. The expenses of employment of the clerical staff shall be borne by the task force. The task force may meet in the Legislative Building or the Legislative Office Building upon the approval of the Legislative Services Commission. The task force, while in the discharge of official duties, may exercise all the powers provided under the provisions of G.S. 120-19 through G.S. 120-19.4, including the power to request all officers, agents, agencies, and departments of the State to provide any information and any data within their possession or ascertainable from their records, and the power to subpoena witnesses.
Members of the task force shall receive per diem, subsistence, and travel allowances pursuant to G.S. 120-3.1 or Chapter 138, if a member leaves the General Assembly prior to the termination of the task force and remains on the task force.
(d) The task force shall report the results of its study, together with any legislative proposals and cost analyses, to the 1995 General Assembly, Regular Session 1996, within a week of its convening or to a special session of the 1995 General Assembly called to deal with federal block grant funding issues.
Requested by: Representatives Gardner, Hayes, Nye, Senators Martin of Guilford, Forrester
CONTINUATION BUDGET AFDC OPTION ELIMINATIONS EFFECTIVE DATE
Sec. 23.8. The eliminations of the options in the AFDC Program affecting (i) AFDC for pregnant women in their third trimester, (ii) AFDC for 18 year old children who are in school, and (iii) State Supplemental Payments to AFDC households due to the retrospective budgeting requirement made by Chapter 324 of the 1995 Session Laws shall be effective August 1, 1995.
Requested by: Senators Martin of Guilford, Forrester, Representatives Gardner, Hayes, Nye
CLARIFICATION OF LIMITATIONS ON STATE ABORTION FUND
Sec. 23.8A. Subsection (b) of Section 23.27 of Chapter 324 of the 1995 Session Laws reads as rewritten:
"(b) Eligibility for services of the State Abortion
Fund shall be limited to women whose income is below the federal poverty level,
as revised annually, or and who are not eligible for
Medicaid. The State Abortion Fund shall be used to fund abortions only to
terminate pregnancies resulting from cases of rape or incest, or to terminate
pregnancies that, in the written opinion of one doctor licensed to practice
medicine in North Carolina, endanger the life of the mother."
Requested by: Senators Martin of Guilford, Forrester, Representatives Gardner, Hayes, Nye
CONTINUATION OF THE LEGISLATIVE STUDY OF THE EFFECT OF FEDERAL BUDGETARY POLICY ON WELFARE REFORM
Sec. 23.8B. (a) The Legislative Study Commission on Welfare Reform, established by Section 47 of Chapter 24, 1993 Session Laws, Extra Session 1994, is continued. Subsections (d) and (e) of Section 47 of Chapter 24, 1993 Session Laws, Extra Session 1994, are repealed. The Commission's continued study shall focus on the effects of federal budgetary policy on welfare reform.
(b) The continued Legislative Study Commission on Welfare Reform shall submit a final report to the General Assembly on or before the first day of the 1995 General Assembly, Regular Session 1996, or on or before the first day of any extra session of the 1995 General Assembly called specifically to address welfare reform. Upon filing its final report, the Commission shall terminate, unless reauthorized by the General Assembly.
Requested by: Senators Martin of Guilford, Forrester, Representatives Gardner, Hayes, Nye
CLARIFICATION OF AUTHORIZED ADDITIONAL USE OF HIV FOSTER CARE FUNDS
Sec. 23.9. In addition to providing board payments to foster families of HIV-infected children as prescribed in Chapter 324 of the 1995 Session Laws, any additional funds remaining that were appropriated in Chapter 324 of the 1995 Session Laws for this purpose shall be used as follows:
(1) To provide medical training in avoiding HIV transmission in the home; and
(2) To transfer funds to the Department of Environment, Health, and Natural Resources to create three social work positions within the Department of Environment, Health, and Natural Resources, for the eastern part of North Carolina to enable the case-managing of families with HIV-infected children so that the children and the parents get access to medical care and so that child protective services issues are addressed rapidly and effectively. The three positions shall be medically based and located:
a. One in the northeast, covering Northampton, Hertford, Halifax, Gates, Chowan, Perquimans, Pasquotank, Camden, Currituck, Bertie, Wilson, Edgecombe, and Nash Counties;
b. One in the central east, covering Martin, Pitt, Washington, Tyrrell, Dare, Hyde, Beaufort, Jones, Greene, Craven, and Pamlico Counties; and
c. One in the southeast, covering New Hanover, Robeson, Brunswick, Carteret, Onslow, Lenoir, Pender, Duplin, Bladen, and Columbus Counties.
Requested by: Senators Perdue, Plyler, Odom, Martin of Guilford, Forrester, Representatives Gardner, Hayes, Nye
ADULT CARE HOME REIMBURSEMENT RATE/ADULT CARE HOME ALLOCATION OF NONFEDERAL COST OF MEDICAID PAYMENTS
Sec. 23.10. (a) Effective July 1, 1995, the maximum monthly rate for residents in adult care home facilities shall be nine hundred seventy-five dollars ($975.00) per month for ambulatory residents and one thousand seventeen dollars ($1,017) per month for semiambulatory residents.
(b) Effective August 1, 1995, the maximum monthly rate for residents in adult care home facilities shall be eight hundred forty-four dollars ($844.00) per month per resident.
(c) Effective August 1, 1995, the Department of Human Resources may use the remaining funds available from the State/County Special Assistance appropriation to provide:
(1) Needed Medicaid-covered services, specifically one hour of personal care services per day to all Medicaid-eligible residents and a maximum of 50 additional hours per month of personal care services for residents who require heavy care;
(2) Funds to the area mental health authorities to provide wraparound services for adult home care residents with mental health conditions;
(3) Funds for the implementation of the provisions of G.S. 131D-4.1 and G.S. 131D-4.2, including funds for necessary additional staff.
(d) The eligibility of Special Assistance recipients residing in adult care homes on August 1, 1995, shall not be affected by an income reduction in the Special Assistance eligibility criteria resulting from adoption of the Rate Setting Methodology Report and Related Services, providing these recipients are otherwise eligible.
(e) Effective August 1, 1995, the State shall pay fifty percent (50%) and the county shall pay fifty percent (50%) of the nonfederal costs of Medicaid services paid to adult care home facilities. As Medicaid personal care requirements increase, the county matching share shall be capped until it equals fifteen percent (15%) of the nonfederal Medicaid personal care requirements.
(f) To maximize Medicaid funding, the Department of Human Resources may take the temporary measures necessary to implement Medicaid funding during the period from August 1, 1995, through September 30, 1995. This authorization includes authorization to continue payment of State/County Assistance at the July 1995 rates until the Health Care Financing Administration approval of Medicaid personal care services with future recoupment from providers of an amount equal to the difference between the July 1995 rates and the August 1995 rates.
Requested by: Representatives Creech, Hayes, Gardner, Senator Martin of Guilford
DOMICILIARY CARE REPORT
Sec. 23.11A. The Secretary of the Department of Human Resources shall report quarterly, beginning October 1, 1995, to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division of the Legislative Services Office on the planning and status of implementation of the following:
(1) Rate setting and financing of domiciliary care, including the use of Medicaid funds for personal care services;
(2) Quality assurance and enhancement of domiciliary care, including case management for residents with special care needs, monitoring of domiciliary care facilities and specialized training of direct care staff; and
(3) The process for the evaluation of the Domiciliary Care Financing and Quality Assurance Program.
Requested by: Senators Perdue, Plyler, Odom, Martin of Guilford, Forrester, Representatives Gardner, Hayes, Nye
LIMITATION ON USE OF SPECIAL ALZHEIMER'S UNIT IN WILSON
Sec. 23.11B. The Special Alzheimer's Unit established in Wilson by funds appropriated in this act shall serve only those clients who cannot be served by any similar private facility.
Requested by: Senators Perdue, Plyler, Odom, Martin of Guilford, Forrester, Representatives Gardner, Hayes, Nye, Holmes, Creech, Esposito
ALZHEIMER'S ASSOCIATION OF NORTH CAROLINA FUNDS
Sec. 23.11C. Of the funds appropriated to the Division of Aging, Department of Human Resources, in this act, the sum of one hundred thousand dollars ($100,000) for the 1995-96 fiscal year shall be divided equally among the four chapters of the Alzheimer's Association of North Carolina, which are the Western Alzheimer's Chapter, the Southern Piedmont Alzheimer's Chapter, the Eastern Alzheimer's Chapter, and the Triad Alzheimer's Chapter. Each Chapter shall submit to the Division of Aging, for approval, a plan for the use of these funds, prior to receipt of these funds.
Requested by: Senators Perdue, Plyler, Odom, Martin of Guilford, Forrester, Representatives Gardner, Hayes, Nye, Holmes, Creech, Esposito
IN-HOME AIDE FUNDS
Sec. 23.11D. Of the funds appropriated to the Division of Aging, Department of Human Resources, in this act, the sum of five hundred thousand dollars ($500,000) for the 1995-96 fiscal year and the sum of five hundred thousand dollars ($500,000) for the 1996-97 fiscal year shall be allocated via the Home and Community Care Block Grant and used to fund in-home aide services and caregiver support services. These funds shall be used only for direct services.
Requested by: Senators Perdue, Plyler, Odom, Martin of Guilford, Forrester, Representatives Gardner, Hayes, Nye, Holmes, Creech, Esposito
SERVICES TO OLDER ADULTS, ADULTS WITH DISABILITIES, AT-RISK CHILDREN AND YOUTH, AND FAMILIES
Sec. 23.11E. Of the funds appropriated to the Department of Human Resources in this act for the 1995-96 fiscal year, the sum of two million dollars ($2,000,000) shall be allocated as grants-in-aid to public and private nonprofit human services organizations for programs that provide services, including vocational rehabilitation services, to older adults, adults with disabilities, at-risk children and youth, and families. Prior to any allocation, programs requesting funds shall submit a plan to the Department detailing the use of these funds.
Requested by: Senators Plyler, Perdue, Odom, Martin of Guilford, Representatives Gardner, Hayes, Nye
INDEPENDENT LIVING REHABILITATION FUNDS
Sec. 23.11F. (a) The Division of Vocational Rehabilitation Services, Department of Human Resources, shall expand the Independent Living Rehabilitation Program by establishing a new office in Stanly County in 1995-96, by providing for the service needs of eligible citizens served in existing program offices, and by providing adequate administrative support to existing offices and the new offices established pursuant to this section.
(b) Any funds appropriated in this act for the 1995-96 fiscal year for the purpose specified in subsection (a) of this section that are not required to be expended or encumbered for this purpose may be used during the 1995-96 fiscal year for one-time service purchases for Independent Living Rehabilitation Program clients waiting for services in existing offices.
Requested by: Representatives Dickson, Gardner, Hayes, Senators Martin of Guilford, Forrester
PRIMARY CARE FUNDS
Sec. 23.12. The Department of Human Resources may combine and allocate funds appropriated for the Office of Rural Health and Resource Development for recruitment and retention of primary care providers in medically underserved areas into one Provider Incentive Fund. Funds in the Provider Incentive Fund may be allocated for purposes of enhancing recruitment and retention of primary care providers in medically underserved areas and for other purposes related to the enhancement of health services to medically underserved communities.
Requested by: Representatives Gardner, Hayes, Senator Martin of Guilford
MODIFIED WILDERNESS EDUCATION CAMP PROGRAM
Sec. 23.13. Of the three million thirty-six thousand three hundred fifty-two dollars ($3,036,352) appropriated in Chapter 324 of the 1995 Session Laws for two additional Wilderness Camps approved by the 1993 General Assembly, Extra Session 1994, one million five hundred eighteen thousand one hundred seventy-six dollars ($1,518,176) shall be used to fund a Modified Wilderness Education Camp Program in the Department of Human Resources that shall emphasize education for juveniles under the age of 16 referred by the public schools. If the Modified Wilderness Education Camp is discontinued, funds for this purpose shall be directed to operate a traditional Wilderness Camp Program.
Requested by: Representatives Gardner, Hayes, Senator Martin of Guilford
DETENTION FACILITY CONSTRUCTION FUNDS
Sec. 23.15. Of the funds appropriated to the Department of Human Resources in Chapter 24 of the 1993 Session Laws, Extra Session 1994, for construction of a 24-bed juvenile detention facility in Wake County, the Department of Human Resources may use the sum of one million six hundred thousand dollars ($1,600,000) to construct a 24-bed facility at any available location in the State.
Requested by: Senators Martin of Guilford, Forrester, Representatives Gardner, Hayes, Nye
FAMILY SUPPORT/DEAF AND HARD OF HEARING SERVICES CONTRACT