GENERAL ASSEMBLY OF NORTH CAROLINA
Appropriations/Base Budget Committee Substitute Adopted 5/28/01
Appropriations/Base Budget Committee Substitute No. 2 Adopted 5/29/01
Third Edition Engrossed 5/31/01
House
Committee Substitute Favorable 6/26/01
Fifth Edition Engrossed 6/28/01
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Short Title: The Appropriations Act of 2001. |
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AN ACT TO MAKE BASE BUDGET APPROPRIATIONS FOR CURRENT OPERATIONS OF STATE DEPARTMENTS, INSTITUTIONS, AND AGENCIES, AND FOR OTHER PURPOSES.
The General Assembly of North Carolina enacts:
Part I. Introduction and Title of Act
Requested by: Representatives Easterling, Oldham, Redwine, Thompson
SECTION 1.1. 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.
Requested by: Representatives Easterling, Oldham, Redwine, Thompson
SECTION 1.2. This act shall be known as the "Current Operations and Capital Improvements Appropriations Act of 2001."
PART II. current operations and expansion/general fund
Requested by: Representatives Easterling, Oldham, Redwine, Thompson
CURRENT OPERATIONS AND EXPANSION/GENERAL FUND
SECTION 2.1. Appropriations from the General Fund of the State for the maintenance of the State departments, institutions, and agencies, and for other purposes as enumerated are made for the biennium ending June 30, 2003, according to the following schedule:
Current Operations ‑ General Fund 2001‑2002 2002‑2003
EDUCATION
Community Colleges System Office $650,511,683 $650,511,683
Department of Public Instruction 5,877,926,964 5,927,594,010
University of North Carolina ‑ Board of Governors
Appalachian State University 85,569,473 85,832,474
East Carolina University
Academic Affairs 121,199,265 122,462,333
Health Affairs 46,244,924 46,244,925
Elizabeth City State University 21,735,417 21,735,417
Fayetteville State University 30,918,568 30,918,568
North Carolina Agricultural and
Technical University 59,749,183 59,749,183
North Carolina Central University 44,557,545 44,557,546
North Carolina School of the Arts 16,474,087 16,747,706
North Carolina State University
Academic Affairs 265,600,690 266,085,641
Agricultural Extension Service 37,584,776 37,584,776
Agricultural Research Service 46,891,919 46,865,806
University of North Carolina at Asheville 25,580,238 25,736,337
University of North Carolina at Chapel Hill
Academic Affairs 197,530,034 198,039,536
Health Affairs 154,802,003 156,782,219
Area Health Education Centers 46,072,336 46,072,336
University of North Carolina at Charlotte 96,039,882 96,511,110
University of North Carolina at Greensboro 93,617,445 93,694,770
University of North Carolina at Pembroke 24,689,033 24,630,348
University of North Carolina at Wilmington 59,821,472 60,172,855
Western Carolina University 52,094,143 52,362,403
Winston‑Salem State University 28,207,075 28,630,664
General Administration 43,052,753 44,048,177
University Institutional Programs 45,336,136 45,336,136
Related Educational Programs 103,637,912 103,637,912
North Carolina School of Science
and Mathematics 11,487,156 11,839,342
UNC Hospitals at Chapel Hill 38,587,322 38,587,322
Total $1,797,080,787 $1,804,865,842
HEALTH AND HUMAN SERVICES
Department of Health and Human Services
Office of the Secretary 47,011,912 46,911,912
Division of Aging 29,519,886 29,519,886
Division of Child Development 289,558,396 289,558,396
Division of Education Services 69,940,433 69,940,433
Division of Public Health 116,069,577 113,769,301
Division of Social Services 185,805,788 191,879,082
Division of Medical Assistance 1,989,421,813 2,261,450,549
NC Health Choice 32,987,142 37,487,142
Division of Blind Services/Deaf 10,184,019 10,184,019
Division of Mental Health 581,548,722 581,548,722
Division of Facility Services 15,281,564 15,476,831
Division of Vocational Rehabilitation 42,468,956 41,768,956
Total $3,409,798,208 $3,689,495,229
NATURAL AND ECONOMIC RESOURCES
Department of Agriculture and Consumer Services 55,545,270 55,194,468
Department of Commerce
Commerce 45,395,692 44,315,050
Commerce State‑Aid 7,700,000 5,200,000
NC Biotechnology Center 5,270,468 6,270,468
Rural Economic Development Center 4,470,777 5,470,471
Department of Environment and Natural Resources
Environment and Natural Resources 158,306,149 157,833,822
Clean Water Management Trust Fund 20,000,000 20,000,000
Office of the Governor ‑ Housing Finance Agency 5,300,000 5,300,000
Department of Labor 16,023,147 15,992,906
JUSTICE AND PUBLIC SAFETY
Department of Correction 928,704,134 933,307,982
Department of Crime Control and Public Safety 35,965,306 36,103,066
Judicial Department 305,410,586 305,358,520
Judicial Department ‑ Indigent Defense 71,081,869 70,527,771
Department of Justice 72,955,782 73,528,600
Department of Juvenile Justice
and Delinquency Prevention 141,276,263 143,030,250
GENERAL GOVERNMENT
Department of Administration 60,765,033 59,740,890
Office of Administrative Hearings 2,795,155 2,795,155
Department of State Auditor 11,864,673 11,864,673
Office of State Controller 11,523,868 11,523,868
Department of Cultural Resources
Cultural Resources 60,638,520 59,763,520
Roanoke Island Commission 1,859,463 1,859,463
State Board of Elections 3,186,269 3,186,269
General Assembly 39,081,724 39,553,848
Office of the Governor
Office of the Governor 5,452,905 5,452,905
Office of State Budget and Management 5,283,596 4,933,066
Mapping and Surveying 1,187,845 1,187,845
Reserve for Special Appropriations 3,435,000 3,080,000
Department of Insurance
Insurance 23,579,288 23,129,288
Insurance – Volunteer Safety Workers' Compensation 2,000,000 2,500,000
Office of Lieutenant Governor 669,545 669,545
Department of Revenue 77,563,436 77,955,704
Rules Review Commission 325,795 325,795
Department of Secretary of State 8,649,507 8,554,507
Department of State Treasurer
State Treasurer 2,830,600 2,830,600
State Treasurer – Retirement for Fire and Rescue
Squad Workers 10,301,897 12,379,780
TRANSPORTATION
Department of Transportation 10,030,000 13,393,341
RESERVES AND DEBT SERVICE
Contingency and Emergency Fund 5,000,000 5,000,000
Reserve for Compensation Increases 193,842,000 193,842,000
Reserve for Salary Adjustments 500,000 500,000
Reserve for State Health Plan 150,000,000 200,000,000
Teachers' and State Employees'
Retirement Rate Adjustment (239,568,180) (239,568,180)
Judicial Retirement Rate Adjustment (2,265,000) (2,265,000)
Hurricane Floyd Reserve Fund 150,629,172
Reserve to Implement HIPPA 10,000,000
Mental Health System Reform Reserve 7,525,675
Information Technology Rate Adjustment (4,000,000) (4,000,000)
Payroll Turnover Adjustment (52,000,000) (52,000,000)
Debt Service
General Debt Service 250,822,092 352,266,860
Federal Reimbursement 1,155,948 1,155,948
GRAND TOTAL CURRENT OPERATIONS –
GENERAL FUND $14,272,759,739 $14,902,141,000
Requested by: Representatives Easterling, Oldham, Redwine, Thompson
GENERAL FUND AVAILABILITY STATEMENT
SECTION 2.2.(a) The General Fund availability used in developing the 2001‑2003 biennial budget is shown below:
2001‑2002 2002‑2003
General Fund Budget Reform Statement ($ Millions) ($ Millions)
1. Composition of the 2001‑2002 beginning
availability: a. Unappropriated balance 0.0 ‑‑
b. Revenue collections in fiscal year 2000‑2001
in excess of authorized estimates 0.0 ‑‑
c. Unexpended appropriations
during fiscal year 2000‑2001 (Reversions) 0.0 ‑‑
Beginning Unreserved Credit Balance 0.0 ‑‑
2. Revenues Based on Existing Tax Structure 13,473.8 14,451.2
3. Non‑Tax Revenues:
Investment Income 152.0 167.0
Judicial Fees 109.5 111.7
Disproportionate Share 107.0 107.0
Insurance 43.9 45.8
Other Non‑Tax Revenues 105.0 106.2
Highway Trust Fund Transfer 170.0 170.0
Highway Fund Transfer 14.5 15.3
Subtotal 14,175.7 15,174.2
4. Other Adjustments
North Carolina Railroad General Fund Repayment 19.0 ‑‑
Senate Bill 353 Enhance Department of
Revenue Collections 50.0 50.0
House Bill 232 Implementation 116.5 2.7
Scrap Tire/White Goods Transfer 3.4
Transfer of Cash from Special, Trust,
Internal Service, and Reserve Funds 167.5 0.5
Transfer to the Savings Reserve Account (125.0) ‑‑
Subtotal 231.4 53.2
TOTAL GENERAL FUND AVAILABILITY $14,407.1 $15,227.4
SECTION 2.2.(b) Notwithstanding the provisions of Section 7.2.(a) of S.L. 2000‑67, nineteen million dollars ($19,000,000) of the North Carolina Railroad Company dividends received by the State during the 2000‑2001 fiscal year and the 2001‑2002 fiscal year shall: (i) be applied to increase the capital of the North Carolina Railroad Company, (ii) reduce the obligations described in subsection (c) of Section 32.30 of S.L. 1997‑443, as amended by subsection (d) of Section 27.11 of S.L. 1999‑237, and (iii) be deposited in the General Fund.
SECTION 2.2.(c) Of the balance of Budget Code 19930, the Hurricane Floyd Reserve Fund established pursuant to S.L. 1999‑463 (Extra Session), the sum of one hundred fifty million six hundred twenty‑nine thousand one hundred seventy‑two dollars ($150,629,172) shall be transferred to the General Fund on July 1, 2001. Funds are appropriated in this act for the 2002‑2003 fiscal year to the Office of State Budget and Management, Hurricane Floyd Reserve Fund, in an amount equal to the amount transferred under this section. These funds shall be expended only for Hurricane Floyd recovery according to the purposes, procedures, and requirements provided in S.L. 1999‑463 (Extra Session).
SECTION 2.2.(d) Effective July 1, 2001, cash balances remaining in special funds on June 30, 2001, shall be transferred to the State Controller to be deposited in Nontax Budget Code 19978 (Intra State Transfers) according to the schedule that follows. These funds shall be used to support General Fund appropriations for the 2001‑2002 fiscal year.
Fund Amount Transferred
Department of Agriculture and Consumer Services
Budget Code 23701, Fund Code 2201 (Warehouse
Investment Fund) $500,000
Department of Environment and Natural Resources
Budget Code 24300, Fund Code 2106 (DEH ‑ Sleep Products) 46,437
Budget Code 24300, Fund Code 2331 (DAQ ‑ Air Permits) 77,889
Budget Code 24300, Fund Code 2735 (DLR ‑ Sedimentation Fees) 148,562
Budget Code 24300, Fund Code 2620 (DLR ‑ Land Env Controls) 111,261
Budget Code 24300, Fund Code 2740 (DLR ‑ Dam Safety Account) 18,522
Budget Code 64305, Fund Code 6372 (DWM ‑ Inactive Hazardous Sites
Cleanup) 499,263
Budget Code 64305, Fund Code 6373 (DWM ‑ Emergency Response
Fund) 49,771
Budget Code 24300, Fund Code 2341 (DWQ ‑ Water Permits) 371,682
Budget Code 64306, Fund Code 6341 (DWQ ‑ WW Treatment
Maintenance & Repair) 43,256
Budget Code 24300, Fund Code 2335 (DWQ ‑ Lab Certification Fees) 16,371
Budget Code 24300, Fund Code 2130 (DWQ ‑ Well Construction Fund) 18,134
Budget Code 24300, Fund Code 2310 (DWQ ‑ Oil Pollution Control) 8,170
Budget Code 24303, Fund Code 2980 (DWQ ‑ Wetlands Restoration) 3,400,000
Department of Commerce
Budget Code 24610, Fund Code 2431 (International Trade Show Fund) 75,000
Department of Correction
Budget Code 24502 (Inmate Canteen/Welfare Fund) 380,000
SECTION 2.2.(e) Effective October 1, 2001, the sum of one million two hundred thousand dollars ($1,200,000) shall be transferred from the Department of Administration, Budget Code 74100, Fund Code 7211 (Motor Fleet Management) to the State Controller to be deposited in Nontax Budget Code 19978 (Intra State Transfers) to support General Fund appropriations for the 2001‑2002 fiscal year.
Effective April 1, 2002, the sum of two million dollars ($2,000,000) shall be transferred from the Department of Administration, Budget Code 74100, Fund Code 7211 (Motor Fleet Management) to the State Controller to be deposited in Nontax Budget Code 19978 (Intra State Transfers) to support General Fund appropriations for the 2001‑2002 fiscal year.
SECTION 2.2.(f) The transfer of cash from Department of Correction, Budget Code 74500, Fund Code 7100 (Prison Enterprises) to Nontax Budget Code 19978 (Intra State Transfers) shall be increased by one million dollars ($1,000,000), effective July 1, 2001, for the 2001‑2002 fiscal year.
SECTION 2.2.(g) Notwithstanding G.S. 143‑15.2 and G.S. 143‑15.3, for the 2000‑2001 fiscal year only, funds shall not be reserved to the Savings Reserve Account, and the State Controller shall not transfer funds from the unreserved credit balance to the Savings Reserve Account on June 30, 2001. For the 2001-2002 fiscal year, the State Controller shall credit to the Department of Revenue sufficient funds to compensate local governments for any inventory tax reimbursement scheduled for distribution in April, 2001, but remaining unpaid on August 31, 2001. To the extent that this credit is less than one hundred twenty-five million dollars ($125,000,000), an amount equal to that difference shall be credited to the Savings Reserve Account. This is not an 'appropriation made by law', as that phrase is used in Article V, Section 7(2) of the North Carolina Constitution.
This subsection becomes effective June 30, 2001.
SECTION 2.2.(i) Effective November 1, 2001, the sum of three million dollars ($3,000,000) shall be transferred from the Office of Information Technology Services, Budget Code 74660, Fund Code 7100 to the State Controller to be deposited in Nontax Budget Code 19978 (Intra State Transfers) to support General Fund appropriations for the 2001‑2002 fiscal year.
Effective February 1, 2002, the sum of four million dollars ($4,000,000) shall be transferred from the Office of Information Technology Services, Budget Code 74660, Fund Code 7100 to the State Controller to be deposited in Nontax Budget Code 19978 (Intra State Transfers) to support General Fund appropriations for the 2001‑2002 fiscal year.
SECTION 2.2.(j) Notwithstanding the provisions of G.S. 105‑187.19(b), effective for taxes levied during the 2001‑2002 fiscal year, the Secretary of Revenue shall credit to the General Fund the net tax proceeds that G.S. 105‑187.19(b) directs the Secretary to credit to the Scrap Tire Disposal Account.
Notwithstanding the provisions of G.S. 105‑187.24 effective for taxes levied during the 2001‑2002 fiscal year, the Secretary of Revenue shall credit to the General Fund the net tax proceeds that G.S. 105‑187.24 directs the Secretary to credit to the White Goods Management Account.
PART III. CURRENT OPERATIONS AND EXPANSION/HIGHWAY FUND
Requested by: Representatives Easterling, Oldham, Redwine, Thompson
CURRENT OPERATIONS AND EXPANSION/HIGHWAY FUND
SECTION 3.1. Appropriations from the Highway Fund of the State for the maintenance and operation of the Department of Transportation, and for other purposes as enumerated, are made for the biennium ending June 30, 2003, according to the following schedule:
Current Operations ‑ Highway Fund 2001‑2002 2002‑2003
(1) Transportation admin. (84210) $69,195,895 $69,195,895
(2) Transportation operations (84220) 28,801,650 28,801,650
(3) Transportation programs (84230)
State construction
Primary ‑ ‑
Secondary 87,462,000 89,387,000
Urban 14,000,000 14,000,000
Public access 2,000,000 2,000,000
Spot safety 9,100,000 9,100,000
Contingency 12,000,000 10,000,000
Federal aid match 5,212,266 5,212,266
Maintenance 585,841,175 575,818,204
Asphalt plant/OSHA 425,000 425,000
Capital 1,634,000
Ferry operations 19,747,132 19,747,132
Aid to municipalities 87,462,000 89,387,000
Rail 30,895,000 10,575,000
Public transit 62,178,682 61,794,456
Airports 3,000,000
(4) Governor's highway safety (84240) 266,693 266,693
(5) Transportation regulation (84260) 98,654,012 98,649,802
(6) Reserves and transfers (84270) 200,584,495 205,158,048
GRAND TOTAL CURRENT OPERATIONS
AND EXPANSION $1,318,460,000 $1,289,518,146
Requested by: Representatives Easterling, Oldham, Redwine, Thompson
HIGHWAY FUND AVAILABILITY STATEMENT
SECTION 3.2. The Highway Fund availability used in developing the 2001‑2003 biennial budget is shown below:
Highway Fund Budget Reform Statement 2001‑2002 2002‑2003
Beginning Credit Balance $ 14,860,000 ‑
Estimated Revenue 1,303,280,000 $1,311,720,000
Additional Reversions 320,000 ‑
Total Highway Fund Availability $1,318,460,000 $1,311,720,000
part Iv. highway trust fund appropriations
Requested by: Representatives Easterling, Oldham, Redwine, Thompson
SECTION 4.1. Appropriations from the Highway Trust Fund of the State for the maintenance and operation of the Department of Transportation, and for other purposes as enumerated, are made for the biennium ending June 30, 2003, according to the following schedule:
Current Operations ‑ Highway Trust Fund 2001‑2002 2002‑2003
Intrastate System $464,295,516 $489,403,290
Urban Loops 187,741,771 197,894,308
Aid to Municipalities 48,715,429 51,349,821
Total for Secondary Roads 83,827,858 87,445,392
Program Administration 34,142,426 36,181,189
Transfer to General Fund 170,000,000 170,000,000
GRAND TOTAL CURRENT OPERATIONS
AND EXPANSION $988,723,000 $1,032,274,000
Requested by: Representatives Earle, Nye, Easterling, Oldham, Redwine, Thompson
SECTION 5.1.(a) Appropriations from federal block grant funds are made for the fiscal year ending June 30, 2002, according to the following schedule:
COMMUNITY SERVICES BLOCK GRANT
01. Community Action Agencies $ 14,160,375
02. Limited Purpose Agencies 979,017
03. Department of Health and Human Services
to administer and monitor
the activities of the
Community Services Block Grant 500,000
TOTAL COMMUNITY SERVICES BLOCK GRANT $ 15,639,392
SOCIAL SERVICES BLOCK GRANT
01. County departments of social services $ 27,395,663
(Transfer from TANF ‑ $4,500,000)
02. Allocation for in‑home services provided
by county departments of
social services 2,101,113
03. Division of Mental Health, Developmental
Disabilities, and Substance Abuse Services 3,234,601
04. Division of Services for the Blind 3,105,711
05. Division of Facility Services 426,836
06. Division of Aging ‑ Home and Community
Care Block Grant 1,840,234
07. Child Care Subsidies 3,000,000
08. Division of Vocational Rehabilitation ‑
United Cerebral Palsy 71,484
09. State administration 1,693,368
10. Child Medical Evaluation Program 238,321
11. Adult day care services 2,155,301
12. Comprehensive Treatment Services
Program 606,364
13. Transfer to Preventive Health Services
Block Grant for emergency medical services 213,128
14. Transfer to Preventive Health Services Block
Grant for HIV/AIDS Prevention Activities 606,364
15. Department of Administration
for the N.C. State Commission of Indian Affairs
In‑Home Services Program for the Elderly 203,198
16. Division of Vocational Rehabilitation ‑
Easter Seals Society 116,779
17. UNC‑CH CARES Program for training and
consultation services 247,920
18. Office of the Secretary ‑ Office of Economic
Opportunity for N.C. Senior Citizens'
Federation for outreach services to
low‑income elderly persons 41,302
19. Transfer from TANF Block Grant for
Division of Social Services ‑ Child
Caring Agencies 1,500,000
20. Division of Mental Health,
Developmental Disabilities, and
Substance Abuse Services ‑ Developmentally
Disabled Waiting List for services 5,000,000
21. Transfer to Maternal and Child Health Block
Grant for Newborn Screenings 90,611
TOTAL SOCIAL SERVICES BLOCK GRANT $ 53,888,298
LOW‑INCOME ENERGY BLOCK GRANT
01. Energy Assistance Programs $ 8,092,113
02. Crisis Intervention 5,795,825
03. Administration 1,984,934
04. Weatherization Program 2,684,116
05. Department of Administration ‑
N.C. State Commission of Indian Affairs 39,765
06. Heating Air Repair and Replacement Program 1,252,588
TOTAL LOW‑INCOME ENERGY BLOCK GRANT $ 19,849,342
MENTAL HEALTH SERVICES BLOCK GRANT
01. Provision of community‑based
services in accordance with the
Mental Health Study Commission's
Adult Severe and Persistently
Mentally Ill Plan $ 5,192,826
02. Provision of community‑based
services to children 2,378,540
03. Establish Child Residential
Treatment Services Program 1,500,000
04. Administration 783,911
TOTAL MENTAL HEALTH SERVICES BLOCK GRANT $ 9,855,277
SUBSTANCE ABUSE PREVENTION
AND TREATMENT BLOCK GRANT
01. Provision of community‑based
alcohol and drug abuse services,
tuberculosis services, and services
provided by the Alcohol and Drug Abuse
Treatment Centers $ 14,501,711
02. Continuation of services for
pregnant women and women
with dependent children 6,007,303
03. Continuation of services to
IV drug abusers and others at risk
for HIV diseases 5,209,934
04. Provision of services to children
and adolescents 6,839,190
05. Juvenile Services ‑ Family Focus 774,414
06. Child Residential Treatment
Services Program 700,000
07. Administration 2,423,049
TOTAL SUBSTANCE ABUSE PREVENTION
AND TREATMENT BLOCK GRANT $ 36,455,601
CHILD CARE AND DEVELOPMENT FUND BLOCK GRANT
01. Child care subsidies $148,343,839
02. Quality and availability initiatives 17,259,661
03. Administrative expenses 6,550,000
04. Transfer from TANF Block Grant for
child care subsidies 76,675,000
TOTAL CHILD CARE AND DEVELOPMENT FUND
BLOCK GRANT $248,828,500
TEMPORARY ASSISTANCE TO NEEDY FAMILIES
(TANF) BLOCK GRANT
01. Work First Cash Assistance $114,181,958
02. Work First County Block Grants 92,018,855
03. Transfer to the Child Care and
Development Fund Block Grant
for child care subsidies 76,675,000
04. Allocation to the Division of Mental
Health, Developmental Disabilities, and
Substance Abuse Services for Work First
substance abuse screening, diagnostic, and
support treatment services and drug testing 3,500,000
05. Cash Assistance Reserve 9,047,631
06. Allocation to the Division of Social
Services for staff development 500,000
07. Reduction of out‑of‑wedlock births 1,600,000
08. Substance Abuse Services for Juveniles 1,182,280
09. Special Children Adoption Fund 2,811,687
10. Business Process Reengineering
Project Reserve 3,000,000
11. Work First Job Retention – NC Rural
Center ($300,000)
Work Central Career Advancement
Center ($500,000) 800,000
12. Allocation to the Division of Public Health
for teen pregnancy prevention 2,239,261
13. Transfer to Social Services Block Grant
for Child Caring Agencies 1,500,000
14. Child Care Subsidies for TANF Recipients 26,621,241
15. Work First Housing Initiative 3,000,000
16. Allocation to the Division of Social
Services for Domestic Violence
Prevention and Awareness 1,000,000
17. County Child Protective Services,
Foster Care, and Adoption Workers 2,727,550
18. Intensive Family Preservation Program 2,000,000
19. Work First/Boys and Girls Clubs 1,000,000
20. Transfer to Social Services Block Grant for
County Departments of Social Services for
Children's Services 4,500,000
21. Support Our Students – Department of
Juvenile Justice and Delinquency
Prevention 2,750,674
22. Residential Substance Abuse Services
for Women With Children 5,000,000
23. Domestic Violence Services
for Work First Families 2,000,000
24. After‑School Services for
At‑Risk Children 3,000,000
25. Division of Social Services ‑
Administration 500,000
26. Child Welfare workers and services for
local departments of social services 7,654,841
27. Child Welfare Training 2,000,000
28. Individual Development Accounts 300,000
TOTAL TEMPORARY ASSISTANCE TO NEEDY FAMILIES
(TANF) BLOCK GRANT $373,110,978
MATERNAL AND CHILD HEALTH BLOCK GRANT
01. Healthy Mothers/Healthy Children
Block Grants to Local Health
Departments 9,838,074
02. High‑Risk Maternity Clinic Services,
Perinatal Education and Training,
Childhood Injury Prevention,
Public Information and Education,
Technical Assistance to Local Health
Departments, and Duke University Medical
Center Contract for Universal Newborn
Screening Services 2,102,713
03. Services to Children With Special Health
Care Needs 5,078,647
TOTAL MATERNAL AND CHILD
HEALTH BLOCK GRANT $ 17,019,434
PREVENTIVE HEALTH SERVICES BLOCK GRANT
01. Statewide Health Promotion Programs $3,061,182
02. Dental Services/Fluoridation 100,800
03. Rape Crisis/Victims' Services
Program ‑ Council for Women 190,134
04. Rape Prevention and Education
Program ‑ Division of Public
Health and Council for Women 1,139,869
05. Transfer from Social Services
Block Grant ‑
HIV/AIDS Prevention Activities 606,364
06. Transfer from Social Services
Block Grant ‑
Emergency Medical Services 213,128
07. Office of Minority Health 159,459
08. Administrative Costs 108,546
TOTAL PREVENTIVE HEALTH SERVICES BLOCK GRANT $5,579,482
SECTION 5.1.(b) Decreases in Federal Fund Availability. – If the United States Congress reduces federal fund availability in the Social Services Block Grant below the amounts appropriated in this section, then the Department of Health and Human Services shall allocate these decreases giving priority first to those direct services mandated by State or federal law, then to those programs providing direct services that have demonstrated effectiveness in meeting the federally and State‑mandated services goals established for the Social Services Block Grant. The Department shall not include transfers from TANF for specified purposes in any calculations of reductions to the Social Services Block Grant.
If the United States Congress reduces the amount of TANF funds below the amounts appropriated in this section after the effective date of this act, then the Department shall allocate the decrease in funds after considering any underutilization of the budget and the effectiveness of the current level of services. Any TANF Block Grant fund changes shall be reported to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division.
Decreases in federal fund availability shall be allocated for the Maternal and Child Health and Preventive Health Services federal block grants by the Department of Health and Human Services after considering the effectiveness of the current level of services.
SECTION 5.1.(c) Increases in Federal Fund Availability. – Any block grant funds appropriated by the United States Congress in addition to the funds specified in this act shall be expended by the Department of Health and Human Services, with the approval of the Office of State Budget and Management, provided the resultant increases are in accordance with federal block grant requirements and are within the scope of the block grant plan approved by the General Assembly.
SECTION 5.1.(d) Changes to the budgeted allocations to the block grants appropriated in this act and new allocations from the block grants not specified in this act shall be submitted to the Joint Legislative Commission on Governmental Operations for review prior to the change and shall be reported immediately to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division.
SECTION 5.1.(f) Limitations on Preventive Health Services Block Grant Funds. – Twenty‑five percent (25%) of funds allocated for Rape Prevention and Rape Education shall be allocated as grants to nonprofit organizations to provide rape prevention and education programs targeted for middle, junior high, and high school students.
If federal funds are received under the Maternal and Child Health Block Grant for abstinence education, pursuant to section 912 of Public Law 104‑193 (42 U.S.C. § 710), for the 2001‑2002 fiscal year, then those funds shall be transferred to the State Board of Education to be administered by the Department of Public Instruction. The Department of Public Instruction shall use the funds to establish an Abstinence Until Marriage Education Program and shall delegate to one or more persons the responsibility of implementing the program and G.S. 115C‑81(e1)(4). The Department of Public Instruction shall carefully and strictly follow federal guidelines in implementing and administering the abstinence education grant funds.
SECTION 5.1.(g) The Department of Health and Human Services, Division of Social Services, shall do the following:
(1) Continue the current evaluation of the Work First Program to assess former recipients' earnings, barriers to advancement to economic self‑sufficiency, utilization of community support services, and other longitudinal employment data. Assessment periods shall include six and 18 months following closure of the case.
(2) Continue the current evaluation of the Work First Program to profile the State's child‑only caseload to include indicators of economic and social well‑being, academic and behavioral performance, demographic data, description of living arrangements including length of placement out of the home, social and other human services provided to families, and other information needed to assess the needs of the child‑only Work First Family Assistance clients and families.
(3) Continue the current evaluation to profile clients and families exempted from federal and State work participation requirements. The evaluation shall include an assessment of the client and family needs including why clients and families have been exempted.
The Department of Health and Human Services shall make a report on its progress in complying with this subsection to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division no later than September 30, 2001, and shall make a final report no later than September 30, 2002.
SECTION 5.1.(h) The sum of two million eight hundred eleven thousand six hundred eighty‑seven dollars ($2,811,687) appropriated in this section in the TANF Block Grant to the Department of Health and Human Services, Special Children Adoption Fund, for the 2001‑2002 fiscal year shall be used to implement this subsection. The Division of Social Services, in consultation with the North Carolina Association of County Directors of Social Services and representatives of licensed private adoption agencies, shall develop guidelines for the awarding of funds to licensed public and private adoption agencies upon the adoption of children described in G.S. 108A‑50 and in foster care. Payments received from the Special Children Adoption Fund by participating agencies shall be used exclusively to enhance the adoption services program. No local match shall be required as a condition for receipt of these funds.
SECTION 5.1.(i) The sum of one million five hundred thousand dollars ($1,500,000) appropriated in this act in the TANF Block Grant and transferred to the Social Services Block Grant to the Department of Health and Human Services, Division of Social Services, for child caring agencies for the 2001‑2002 fiscal year shall be allocated to the State Private Child Caring Agencies Fund. These funds shall be combined with all other funds allocated to the State Private Child Caring Agencies Fund for the reimbursement of the State's portion of the cost of care for the placement of certain children by the county departments of social services who are not eligible for federal IV‑E funds. These funds shall not be used to match other federal funds.
SECTION 5.1.(j) The sum of three hundred thousand dollars ($300,000) appropriated in this section to the Department of Health and Human Services in the Child Care and Development Fund Block Grant shall be used to develop and implement a Medical Child Care Pilot open to children throughout the State.
SECTION 5.1.(k) The sum of one million dollars ($1,000,000) appropriated in this section to the Department of Health and Human Services in the TANF Block Grant for Boys and Girls Clubs shall be used to make grants for approved programs. The Department of Health and Human Services, in accordance with federal regulations for the use of TANF Block Grant funds, shall administer a grant program to award funds to the Boys and Girls Clubs across the State in order to implement programs that improve the motivation, performance, and self‑esteem of youths and to implement other initiatives that would be expected to reduce school dropout and teen pregnancy rates. The Department shall encourage and facilitate collaboration between the Boys and Girls Clubs and Support Our Students, Communities in Schools, and similar programs to submit joint applications for the funds if appropriate.
SECTION 5.1.(m) The sum of three million dollars ($3,000,000) appropriated in this section in the TANF Block Grant to the Department of Health and Human Services, Division of Social Services, for the Work First Housing Initiative shall be used to provide direct housing support to Work First clients. Direct housing support includes using funds for rental assistance, loans, moving expenses, and other financial assistance. No more than ten percent (10%) of these funds may be used for administration. These funds may be used for counseling or similar services only if it is demonstrated that those services are not otherwise available in the community.
SECTION 5.1.(n) The sum of five hundred thousand dollars ($500,000) appropriated in this section in the TANF Block Grant to the Department of Health and Human Services, Division of Social Services, for the 2001‑2002 fiscal year shall be used to support administration of TANF‑funded programs.
SECTION 5.1.(o) The sum of five million dollars ($5,000,000) appropriated in this section in the TANF Block Grant to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, for the 2001‑2002 fiscal year shall be used to provide regional residential substance abuse treatment and services for women with children. The Department of Health and Human Services, the Division of Social Services, and the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, in consultation with local departments of social services, area mental health programs, and other State and local agencies or organizations, shall coordinate this effort in order to facilitate the expansion of regionally based substance abuse services for women with children. These services shall be culturally appropriate and designed for the unique needs of TANF women with children.
In order to expedite the expansion of these services, the Secretary of the Department of Health and Human Services may enter into contracts with service providers.
The Department of Health and Human Services, the Division of Social Services, and the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, shall report on their progress in complying with this subsection no later than October 1, 2001, and March 1, 2002, to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division. These reports shall include all of the following:
(1) The number and location of additional beds created.
(2) The types of facilities established.
(3) The delineation of roles and responsibilities at the State and local levels.
(4) Demographics of the women served, the number of women served, and the cost per client.
(5) Demographics of the children served, the number of children served, and the services provided.
(6) Job placement services provided to women.
(7) A plan for follow‑up and evaluation of services provided with an emphasis on outcomes.
(8) Barriers identified to the successful implementation of the expansion.
(9) Identification of other resources needed to appropriately and efficiently provide services to Work First recipients.
(10) Other information as requested.
SECTION 5.1.(p) The sum of two million seven hundred fifty thousand six hundred seventy‑four dollars ($2,750,674) appropriated in this section in the TANF Block Grant to the Department of Health and Human Services and transferred to the Department of Juvenile Justice and Delinquency Prevention for the 2001‑2002 fiscal year shall be used to support the existing Support Our Students Program and to expand the Program statewide, focusing on low‑income communities in unserved areas. These funds shall not be used for administration of the program.
SECTION 5.1.(q) The sum of two million dollars ($2,000,000) appropriated under this section in the TANF Block Grant to the Department of Health and Human Services, Division of Social Services, for the 2001‑2002 fiscal year shall be used to provide domestic violence services to Work First recipients. These funds shall be used to provide domestic violence counseling, support, and other direct services to clients. These funds shall not be used to establish new domestic violence shelters, for State‑level administration, or to facilitate lobbying efforts.
Each county department of social services and the local domestic violence shelter program serving the county shall jointly develop a plan for utilizing these funds. The plan shall include the services to be provided and the manner in which the services shall be delivered. The county plan shall be signed by the county social services director or the director's designee and the domestic violence program director or the director's designee and submitted to the Division of Social Services by October 1, 2001. The Division of Social Services, in consultation with the Council for Women, shall review the county plans and shall provide consultation and technical assistance to the departments of social services and local domestic violence shelter programs, if needed.
The Division of Social Services shall allocate these funds to county departments of social services according to the following formula: (i) each county shall receive a base allocation of ten thousand dollars ($10,000) and (ii) each county shall receive an allocation of the remaining funds based on the county's proportion of the statewide total of the Work First caseload as of July 1, 2001, and the county's proportion of the statewide total of the individuals receiving domestic violence services from programs funded by the Council for Women as of July 1, 2001. The Division of Social Services may reallocate unspent funds to counties that submit a written request for additional funds.
SECTION 5.1.(r) The sum of two million two hundred thirty‑nine thousand two hundred sixty‑one dollars ($2,239,261) appropriated in this section in the TANF Block Grant to the Department of Health and Human Services, Division of Public Health, for the 2001‑2002 fiscal year for adolescent pregnancy prevention shall be used in accordance with this subsection.
The Department of Health and Human Services shall administer the adolescent pregnancy prevention programs and the adolescent parenting programs pursuant to the provisions of this subsection.
The programs shall include primary prevention efforts, secondary prevention efforts, and special initiatives.
The Commission for Health Services may adopt rules necessary to implement the programs.
State‑level administrative costs for programs shall not exceed ten percent (10%) of the total funds.
In awarding grants, the Department of Health and Human Services shall target counties with the highest teen pregnancy rates, increasingly higher rates, high rates within demographic subgroups, or greatest need for parenting programs. Grants will be awarded on an annual basis.
Programs are not required to provide a cash match for these funds; however, the Department may require an in‑kind match.
Local adolescent pregnancy prevention councils are encouraged but not required for program funding. State funds shall not be used for these activities.
The Department shall maintain the adolescent pregnancy prevention and adolescent parenting program database created for the program via contract and shall not continue to contract for database management, development, or analysis. Of the funds appropriated to the Department in this act, the Department shall not spend more than twenty‑five thousand dollars ($25,000) to transition the database from the contractor to the Department. The Department shall continue to collect and manage program data in order to conduct longitudinal studies in the future. Notwithstanding any other provision of law, the Department shall not continue to have the behavioral/attitudinal evaluation completed annually for all programs.
Of funds appropriated to the Department of Health and Human Services, the Department shall not spend more than twenty‑five thousand dollars ($25,000) to complete the longitudinal adolescent parenting program evaluation. The Department shall not contract for additional evaluations or assessments of the adolescent pregnancy prevention program or the adolescent parenting program during the 2001‑2002 fiscal year.
The Department of Health and Human Services shall plan an outcome‑based evaluation of the adolescent pregnancy prevention programs. In doing so, the Department shall address how to properly evaluate all programs and may issue a request for proposals to select an organization that has expertise in this area to assist with this evaluation.
The Department shall report on activities conducted pursuant to this subsection to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division by March 1, 2002.
SECTION 5.1.(s) The sum of three million dollars ($3,000,000) appropriated in this section in the TANF Block Grant to the Department of Health and Human Services, Division of Social Services, shall be used to expand after‑school programs and services for at‑risk children. The Department shall develop and implement a grant program to award grants to community‑based programs that demonstrate the ability to reach children at risk of teen pregnancy and school dropout. The Department shall award grants to community‑based organizations that demonstrate the ability to develop and implement linkages with local departments of social services, area mental health programs, schools, and other human services programs in order to provide support services and assistance to the child and family. These funds may be used to establish one position within the Division of Social Services to coordinate at‑risk after‑school programs and shall not be used for other State administration. The Department shall report no later than March 1, 2002, on its progress in complying with this section to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Subcommittee on Health and Human Services, and the Fiscal Research Division.
SECTION 5.1.(t) The sum of seven million six hundred fifty‑four thousand eight hundred forty‑one dollars ($7,654,841) appropriated in this section in the TANF Block Grant to the Department of Health and Human Services, Division of Social Services, for the 2001‑2002 fiscal year for Child Welfare Improvements shall be allocated to the county departments of social services for hiring or contracting staff to investigate and provide services in Child Protective Services cases; to provide foster care and support services; to recruit, train, license, and support prospective foster and adoptive families; and to provide interstate and post‑adoption services for eligible families.
SECTION 5.1.(u) The sum of one million five hundred thousand dollars ($1,500,000) appropriated in this section in the Mental Health Block Grant to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, for the 2001‑2002 fiscal year and the sum of seven hundred thousand dollars ($700,000) appropriated in this section in the Substance Abuse Prevention and Treatment Block Grant to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, for the 2001‑2002 fiscal year shall be used to continue a Comprehensive Treatment Services Program in accordance with Section 21.60 of this act.
SECTION 5.1.(v) The sum of two million dollars ($2,000,000) appropriated in this section in the TANF Block Grant to the Department of Health and Human Services, Division of Social Services, for fiscal year 2001‑2002 shall be used to support various child welfare training projects as follows:
(1) Provide a regional training center in southeastern North Carolina.
(2) Support the Masters Degree in Social Work/Baccalaureate Degree in Social Work Collaborative.
(3) Provide training for residential child care facilities.
(4) Provide for various other child welfare training initiatives.
SECTION 5.1.(bb) The sum of three hundred thousand dollars ($300,000) appropriated in this section in the TANF Block Grant and transferred to the Social Services Block Grant to the Department of Health and Human Services for the 2001-2002 fiscal year shall be used for individual development accounts.
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
SECTION 5.2.(a) Appropriations from federal block grant funds are made for the fiscal year ending June 30, 2002, according to the following schedule:
COMMUNITY DEVELOPMENT BLOCK GRANT
01. State Administration $1,000,000
02. Urgent Needs and Contingency 1,000,000
03. Scattered Site Housing 13,200,000
04. Economic Development 8,710,000
05. Community Revitalization 13,500,000
06. State Technical Assistance 450,000
07. Housing Development 2,000,000
08. Infrastructure 5,140,000
TOTAL COMMUNITY DEVELOPMENT
BLOCK GRANT ‑ 2002 Program Year $45,000,000
SECTION 5.2.(b) Decreases in Federal Fund Availability. – Decreases in federal fund availability for the Community Development Block Grants. – If federal funds are reduced below the amounts specified above after the effective date of this act, then every program in each of these federal block grants shall be reduced by the same percentage as the reduction in federal funds.
SECTION 5.2.(c) Increases in Federal Fund Availability for Community Development Block Grant. – Any block grant funds appropriated by the Congress of the United States in addition to the funds specified in this section shall be expended as follows: Each program category under the Community Development Block Grant shall be increased by the same percentage as the increase in federal funds.
SECTION 5.2.(d) Limitations on Community Development Block Grant Funds. – Of the funds appropriated in this section for the Community Development Block Grant, the following shall be allocated in each category for each program year: up to one million dollars ($1,000,000) may be used for State administration; up to one million dollars ($1,000,000) may be used for Urgent Needs and Contingency; up to thirteen million two hundred thousand dollars ($13,200,000) may be used for Scattered Site Housing; up to eight million seven hundred ten thousand dollars ($8,710,000) may be used for Economic Development; not less than thirteen million five hundred thousand dollars ($13,500,000) shall be used for Community Revitalization; up to four hundred fifty thousand dollars ($450,000) may be used for State Technical Assistance; up to two million dollars ($2,000,000) may be used for Housing Development; up to five million one hundred forty thousand dollars ($5,140,000) may be used for Infrastructure. If federal block grant funds are reduced or increased by the Congress of the United States after the effective date of this act, then these reductions or increases shall be allocated in accordance with subsection (b) or (c) of this section, as applicable.
SECTION 5.2.(e) Increase Capacity for Nonprofit Organizations. – Assistance to nonprofit organizations to increase their capacity to carry out CDBG‑eligible activities in partnership with units of local government is an eligible activity under any program category in accordance with federal regulations. Capacity building grants may be made from funds available within program categories, program income, or unobligated funds.
SECTION 5.2.(f) Study. – The Department of Commerce shall study the development of a training program designed to provide a minimum level of knowledge and skills for Community Development Block Grant administrators. In conducting the study, the Department shall consult the North Carolina League of Municipalities, the North Carolina Association of County Commissioners, the North Carolina Community Development Association, and the Institute of Government at the University of North Carolina at Chapel Hill. The Department may use unencumbered and unspent State Technical Assistance funds from previous program years to conduct the study. The Department shall report its findings to the House and Senate Appropriations Subcommittees on Natural and Economic Resources and the Fiscal Research Division by February 1, 2002.
Requested by: Representatives Easterling, Oldham, Redwine, Thompson
SPECIAL FUNDS, FEDERAL FUNDS, DEPARTMENTAL RECEIPTS, AND CASH BALANCES/AUTHORIZATION FOR EXPENDITURES
SECTION 6.1.(a) There is appropriated out of the cash balances, federal receipts, and departmental receipts available to each department, sufficient amounts to carry on authorized activities included under each department's operations. All these cash balances, federal receipts, and departmental receipts shall be expended and reported in accordance with provisions of the Executive Budget Act, except as otherwise provided by statute, and shall be expended at the level of service authorized by the General Assembly. If the receipts, other than gifts and grants that are unanticipated and are for a specific purpose only, collected in a fiscal year by an institution, department, or agency exceed the receipts certified for it in General Fund Codes or Highway Fund Codes, then the Director of the Budget shall decrease the amount he allots to that institution, department, or agency from appropriations from that Fund by the amount of the excess, unless the Director of the Budget finds that the appropriations from the Fund are necessary to maintain the function that generated the receipts at the level anticipated in the certified Budget Codes for that Fund.
Funds that become available from overrealized receipts in General Fund Codes and Highway Fund Codes may be used for new permanent employee positions or to raise the salary of existing employees only as follows:
(1) As provided in G.S. 116‑30.1, 116‑30.2, 116‑30.3, 116‑30.4; or
(2) If the Director of the Budget finds that the new permanent employee positions are necessary to maintain the function that generated the receipts at the level anticipated in the certified budget codes for that Fund. The Director of the Budget shall notify the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the chairmen of the appropriations committees of the Senate and the House of Representatives, and the Fiscal Research Division of the Legislative Services Office that he intends to make such a finding at least 10 days before he makes the finding. The notification shall set out the reason the positions are necessary to maintain the function.
The Office of State Budget and Management shall report to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division of the Legislative Services Office within 30 days after the end of each quarter the General Fund Codes or Highway Fund Codes that did not result in a corresponding reduced allotment from appropriations from that Fund.
SECTION 6.1.(b) There is appropriated from the Reserve for Reimbursements to Local Governments and Shared Tax Revenues for each fiscal year an amount equal to the amount of the distributions required by law to be made from that reserve for that fiscal year.
SECTION 6.1.(c) The Director of the Budget shall develop necessary budget controls, regulations, and systems to ensure that these funds and other State funds subject to the Executive Budget Act are not spent in a manner that would cause a deficit in expenditures.
Requested by: Representative C. Wilson
GOVERNOR NOT WITHHOLD LOCAL REIMBURSEMENT
SECTION 6.1A. The Governor shall not withhold the local government reimbursements provided for in Section 6.1.(b) of this act without approval by an act of the General Assembly.
Requested by: Representatives Easterling, Oldham, Redwine, Thompson
SECTION 6.2. All insurance and all official fidelity and surety bonds authorized for the several departments, institutions, and agencies shall be effected and placed by the Department of Insurance, and the cost of placement shall be paid by the affected department, institution, or agency with the approval of the Commissioner of Insurance.
Requested by: Representatives Easterling, Oldham, Redwine, Thompson
CONTINGENCY AND EMERGENCY FUND ALLOCATIONS
SECTION 6.3.(a) Funds in the amount of five million dollars ($5,000,000) for the 2001‑2002 fiscal year and five million dollars ($5,000,000) for the 2002‑2003 fiscal year are appropriated in this act to the Contingency and Emergency Fund. Of the funds:
(1) The sum of three million eight hundred seventy‑five thousand dollars ($3,875,000) for the 2001‑2002 fiscal year and the sum of three million eight hundred seventy‑five thousand dollars ($3,875,000) for the 2002‑2003 fiscal year shall be used only to respond to an unanticipated disaster such as a fire, hurricane, or tornado;
(2) The sum of nine hundred thousand dollars ($900,000) for the 2001‑2002 fiscal year and the sum of nine hundred thousand dollars (900,000) for the 2002‑2003 fiscal year shall be used only (i) for the purposes set out in subdivision (1) of this subsection, (ii) as required by a court, Industrial Commission, or administrative hearing officer's order or award, or (iii) to match unanticipated federal funds; and
(3) The sum of two hundred twenty‑five thousand dollars ($225,000) for the 2001‑2002 fiscal year and the sum of two hundred twenty‑five thousand dollars ($225,000) for the 2002‑2003 fiscal year shall be used for the purposes set out in subdivisions (1) and (2) of this subsection or for other allocations from the Contingency and Emergency Fund.
SECTION 6.3.(b) Funds appropriated to the Contingency and Emergency Fund shall not be used to lease office space unless the expenditure is for a purpose set out in subdivisions (1) or (2) of subsection (a) of this section.
Requested by: Representatives Easterling, Oldham, Redwine, Thompson
AUTHORIZED TRANSFERS FROM SALARY ADJUSTMENT RESERVES
SECTION 6.4. The Director of the Budget may transfer to General Fund budget codes from the General Fund Salary Adjustment Reserves appropriation and may transfer to Highway Fund budget codes from the Highway Fund Salary Adjustment Reserve appropriation, amounts required to support approved salary adjustments made necessary by difficulties in recruiting and holding qualified employees in State government. The funds may be transferred only when salary reserve funds in individual operating budgets are not available.
Requested by: Representatives Easterling, Oldham, Redwine, Thompson
EXPENDITURES OF FUNDS IN RESERVES LIMITED
SECTION 6.5. All funds appropriated by this act into reserves may be expended only for the purposes for which the reserves were established.
Requested by: Representatives Easterling, Oldham, Redwine, Thompson
STATE MONEY RECIPIENTS/CONFLICT OF INTEREST POLICY
SECTION 6.6. Each private, nonprofit entity eligible to receive State funds, either by General Assembly appropriation, or by grant, loan, or other allocation from a State agency, before funds may be disbursed to the entity, shall file with the disbursing agency a notarized copy of that entity's policy addressing conflicts of interest that may arise involving the entity's management employees and the members of its board of directors or other governing body. The policy shall address situations in which any of these individuals may directly or indirectly benefit, except as the entity's employees or members of the board or other governing body, from the entity's disbursing of State funds, and shall include actions to be taken by the entity or the individual, or both, to avoid conflicts of interest and the appearance of impropriety.
Requested by: Representatives Easterling, Oldham, Redwine, Thompson
SECTION 6.7. G.S. 143‑26 reads as rewritten:
"§ 143‑26. Director to have discretion as to manner of paying annual appropriations.
(a) Unless
otherwise provided, Except as provided in subsection (b) of this section
or as otherwise provided by law, it shall be discretionary with the
Director of the Budget whether any annual appropriation shall be paid in
monthly, quarterly or semiannual installments or in a single payment.
(b) Except as otherwise provided by law, an annual appropriation of one hundred thousand dollars ($100,000) or less to or for the use of a nonprofit corporation shall be paid in a single annual payment. An annual appropriation of more than one hundred thousand dollars ($100,000) to or for the use of a nonprofit corporation shall be paid in quarterly or monthly installments, in the discretion of the Director of the Budget."
Requested by: Representatives Easterling, Oldham, Redwine, Thompson
SECTION 6.8.(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.
SECTION 6.8.(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: Representatives Easterling, Oldham, Redwine, Thompson
APPROPRIATIONS EFFICIENCY review
SECTION 6.9. The Appropriations Committees of the Senate and House of Representatives shall convene at least once a month during the interim period between the 2001 General Assembly and the 2002 Regular Session of the 2001 General Assembly to study the structure, duties, and functions of the various agencies and programs of State government. The review by the Appropriations Committees shall focus on ways to ensure that State government functions efficiently and to generate cost savings to the citizens of the State. The Appropriations Committees shall apply zero‑base budgeting principles in evaluating the fiscal functions and funding needs of State agencies. The Appropriations Committees shall consider the recommendations of the Governor's Efficiency Commission and shall evaluate the feasibility of consolidating, eliminating, transferring, or privatizing certain State programs, operations, or entities where there is duplication of services or functions or where the functions being performed are not cost‑effective.
Requested by: Representatives Easterling, Oldham, Redwine, Thompson
LIMITATIONS ON AGENCY LEGISLATIVE LIAISON
SECTION 6.10. Article 9A of Chapter 120 of the General Statutes is amended by adding the following new section to read:
"§ 120-47.12. Limitations on agency legislative liaisons.
No principal State department may use State funds to contract with persons who are not employed by the State to serve as legislative liaisons or otherwise lobby the General Assembly."
Requested by: Representatives Easterling, Oldham, Redwine, Thompson
RESERVE TO IMPLEMENT THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)
SECTION 6.11.(a) Funds in the amount of ten million dollars ($10,000,000) are appropriated in this act to the Reserve to Implement HIPAA. This reserve shall be located in the Office of State Budget and Management.
SECTION 6.11.(b) The federal Health Insurance Portability and Accountability Act (HIPAA) was enacted in 1996 and set many goals for the health care industry. The act’s primary purpose is to protect health insurance coverage for workers and their families when workers change or lose jobs. This new protection requires major administrative changes for health care programs. The most comprehensive changes include: (i) moving from paper‑based transactions to electronic transactions, (ii) establishing national identifiers for providers, payers, and employers, and (iii) upgrading security and privacy of health care information. Failure to implement HIPAA requirements may result in denied or delayed reimbursements and severe civil and criminal penalties.
SECTION 6.11.(c) The Office of State Budget and Management, in consultation with the State Chief Information Officer and the Secretary of Health and Human Services, shall develop a strategic plan to implement the requirements outlined in HIPAA. Specifically, the plan shall:
(1) Identify and document all requirements outlined in the federal HIPAA legislation as they relate to State agencies;
(2) Include an assessment of the State’s existing administrative systems, policies, and information technology systems, as they relate to the requirements of HIPAA;
(3) Include a timeline for implementing all necessary administrative, policy, and technology changes to ensure compliance; and
(4) Provide a detailed cost and cash flow analysis for each State agency subject to compliance. The analysis shall include personnel requirements, information technology equipment needs, and other operating and start‑up expenses needed to implement HIPAA requirements.
SECTION 6.11.(d) The Office of State Budget and Management shall report on the strategic plan developed pursuant to this section to the Chairs of the Senate and House of Representatives Appropriations Committees, the Chairs of the Senate and House of Representatives Appropriations Subcommittees on Information Technology, the Joint Legislative Commission on Governmental Operations, and the Fiscal Research Division by October 1, 2001.
SECTION 6.11.(e) Funds spent to implement this section shall not exceed one million five hundred thousand dollars ($1,500,000) until the Office of State Budget and Management reports to the Chairs of the Senate and House of Representatives Appropriations Committees, the Chairs of the Senate and House of Representatives Appropriations Subcommittees on Information Technology, the Joint Legislative Commission on Governmental Operations, and the Fiscal Research Division on actual and proposed expenditures and actual and projected monthly cash requirements for the 2001‑2002 fiscal year and beyond. After making this report, the Office of State Budget and Management shall report quarterly on its progress in implementing this section to the Chairs of the Senate and House of Representatives Appropriations Committees, the Chairs of the Senate and House of Representatives Appropriations Subcommittees on Information Technology, the Joint Legislative Commission on Governmental Operations, and the Fiscal Research Division.
Requested by: Representatives Culpepper, Haire, Easterling, Oldham, Redwine, Thompson
ATTORNEY GENERAL REPORTING OF PENDING LAWSUITS
SECTION 6.13.(a) Article 1 of Chapter 114 is amended by adding a new section to read:
"§ 114-2.6. Attorney General to report on pending lawsuits in which State is a party.
By April 1 and October 1 of each year, the Attorney General shall submit a written report to the Chairs of the Joint Legislative Commission on Governmental Operations, the Chairs of the Appropriations Committees of the Senate and House of Representatives, the Chairs of the Finance Committees of the Senate and House of Representatives, and the Fiscal Research Division of the Legislative Services Office on all pending lawsuits against the State and the status of those lawsuits. In addition, the Attorney General shall submit a written report to the Joint Legislative Commission on Governmental Operations, the Chairs of the Appropriations Committees of the Senate and House of Representatives, the Chairs of the Finance Committees of the Senate and House of Representatives, and the Fiscal Research Division of the Legislative Services Office within 30 days of a final judgment that orders the State to pay the sum of one million dollars ($1,000,000) or more."
SECTION 6.13.(b) This section becomes effective April 1, 2002.
Requested by: Representatives Easterling, Oldham, Redwine, Thompson
PRIVATE LICENSE PLATES ON PUBLICLY OWNED MOTOR VEHICLES
SECTION 6.14.(a) Pursuant to the provisions of G.S. 14‑250, for the 2001‑2003 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 24
Capitol Area
Police 2
Wildlife Resources
Commission Wildlife Enforcement Officers 12.
SECTION 6.14.(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.
SECTION 6.14.(c) Except as provided in this section, all State‑owned motor vehicles shall bear permanent registration plates issued under G.S. 20‑84.
SECTION 6.14.(d) G.S. 14‑250 reads as rewritten:
"§ 14‑250. Publicly owned vehicle to be marked.
It shall be the duty of the
executive head of every department of the State government, and of any county,
or of any institution or agency of the State, to have painted on every motor
vehicle owned by the State, or by any county, or by any institution or agency
of the State, a statement that such car belongs to the State or to some county,
or institution or agency of the State. Provided, however, that no automobile
used by any municipal or county officer or municipal or county
official for the purpose of transporting, apprehending or arresting persons
charged with violations of the laws of the State of North Carolina, shall be
required to be lettered. Provided, further, that in lieu of the above method of
marking motor vehicles owned by any agency or department of the State
government, it shall be deemed a compliance with the law if such vehicles have
imprinted on the license tags thereof, above the license number, the words
"State Owned" and that such vehicles have affixed to the front
thereof a plate with the statement "State Owned". Provided, further,
that in lieu of the above method of marking vehicles owned by any county, it
shall be deemed a compliance with the law if such vehicles have painted or
affixed on the side thereof a circle not less than eight inches in diameter
showing a replica of the seal of such county. Provided, further, that no county‑owned
motor vehicle used for transporting day or residential facility clients of area
mental health, developmental disabilities, and substance abuse authorities
established under Article 4 of Chapter 122C of the General Statutes shall be
required to be lettered; provided, further, notwithstanding this sentence, each
vehicle shall bear the distinctive permanent registration plate pursuant to
G.S. 20‑84. Provided, further, that in lieu of the above method of
marking vehicles owned by the State and permanently assigned to members of the
Council of State, it shall be deemed a compliance with the law if such vehicles
have imprinted on the license tags thereof the license number assigned to the
appropriate member of the Council of State pursuant to G.S. 20‑81(4);G.S.
20-79.5, a member of the Council of State shall not be assessed any
registration fee if he elects to have a State‑owned motor vehicle
assigned to him designated by his official plate number.
The General Assembly recognizes the need to allow the limited use of private license plates on publicly owned vehicles, and may authorize exemptions from the provisions of this section for each fiscal year. Each agency shall submit requests for private tags to the Division of Motor Fleet Management of the Department of Administration. The Division shall report the requests to the Appropriations Committees of the General Assembly by June 1. The total number of private license plates authorized by the General Assembly for each agency is inclusive of all confidential license plates issued to the agency pursuant to G.S. 20-56 and all fictitious license plates issued to the agency pursuant to G.S. 20-39(g) and G.S. 20-39(h).
For purposes of this section, the term "private license plate" refers to a license plate that would normally be issued to a private party and therefore lacks any markings indicating that it has been assigned to a publicly owned vehicle. "Confidential" license plates are a specialized form of private license plate for which a confidential registration has been authorized under G.S. 20-56. "Fictitious" license plates are a specialized form of private license plate for which a fictitious registration has been issued under G.S. 20-39(g) or G.S. 20-39(h)."
SECTION 6.14.(e) G.S. 20‑39 reads as rewritten:
"§ 20‑39. Administering and enforcing laws; rules and regulations; agents, etc.; seal; fees; licenses and plates for undercover officers.
(a) The Commissioner is hereby vested with the power and is charged with the duty of administering and enforcing the provisions of this Article and of all laws regulating the operation of vehicles or the use of the highways, the enforcement or administration of which is now or hereafter vested in the Division.
(b) The Commissioner is hereby authorized to adopt and enforce such rules and regulations as may be necessary to carry out the provisions of this Article and any other laws the enforcement and administration of which are vested in the Division.
(c) The Commissioner is authorized to designate and appoint such agents, field deputies, and clerks as may be necessary to carry out the provisions of this Article.
(d) The Commissioner shall adopt an official seal for the use of the Division.
(e) The Commissioner is authorized to cooperate with and provide assistance to the Environmental Management Commission, or appropriate local government officials, and to develop, adopt, and ensure enforcement of necessary rules and regulations, regarding programs of motor vehicle emissions inspection/maintenance required for areas in which ambient air pollutant concentrations exceed National Ambient Air Quality Standards.
(f) The Commissioner is authorized to charge and collect the following fees for the verification of equipment to be used on motor vehicles or to be sold in North Carolina, when that approval is required pursuant to this Chapter:
(1) When a federal standard has been established, the fee shall be equal to the cost of verifying compliance with the applicable federal standard; or
(2) When no federal standard has been established, the fee shall be equal to the cost of verifying compliance with the applicable State standard. Any motor vehicle manufacturer or distributor who is required to certify his products under the National Traffic and Motor Vehicle Safety Act of 1966, as from time to time amended, may satisfy the provisions of this section by submitting an annual written certification to the Commissioner attesting to the compliance of his vehicles with applicable federal requirements. Failure to comply with the certification requirement or failure to meet the federal standards will subject the manufacturer or distributor to the fee requirements of this subsection.
(g) The Commissioner, notwithstanding any other provision of this Chapter, but subject to the limitations on private license plates established by the General Assembly under G.S. 14-250, may lawfully to the extent necessary provide law‑enforcement officers of the Division on special undercover assignments with motor vehicle operator's licenses and motor vehicle registration plates under assumed names using false or fictitious addresses. The Commissioner shall be responsible for the request for issuance and use thereof. The Commissioner may direct the immediate return of any operator's license or registration plate issued pursuant to this section.
(h) The Commissioner,
notwithstanding any other provision of this Chapter, but subject to the
limitations on private license plates established by the General Assembly under
G.S. 14-250, 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. vehicles and
shall not be used on privately owned vehicles under any circumstances.
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
twenty‑five, 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.
(i) Notwithstanding the requirements of G.S. 20‑7.1 and G.S. 20‑67(a), the Commissioner may correct the address records of drivers license and registration plate holders as shown in the files of the Division to that shown on notices and renewal cards returned to the Division with new addresses provided by the United States Postal Service.
(j) The Commissioner shall administer the issuance of private plates to State-owned vehicles under the provisions of G.S. 14-250, G.S. 20-56, and subsections (g) and (h) of this section to ensure that the limitations placed on the issuance of private license plates by the General Assembly are complied with, that confidential and fictitious license plates are not used on private vehicles, that confidential plates are issued only to those persons whose personal safety is demonstrably at risk, and that all other laws governing the issuance of private license plates are strictly complied with."
SECTION 6.14.(f) G.S. 20‑56 reads as rewritten:
"§ 20‑56. Registration indexes.
(a) The Division shall file each application received, and when satisfied as to the genuineness and regularity thereof, and that the applicant is entitled to register such vehicle and to the issuance of a certificate of title, shall register the vehicle therein described and keep a record thereof as follows:
(1) Under a distinctive registration number assigned to the vehicle;
(2) Alphabetically, under the name of the owner;
(3) Under the motor number or any other identifying number of the vehicle; and
(4) In the discretion of the Division, in any other manner it may deem advisable.
(b) The Division shall
may maintain a separate registration file for vehicles bearing private tags
which are owned or leased for use by individuals who comply with the
provisions of this subsection and who are in the following categories:
(1) Members of federal, State, and local law enforcement agencies if the vehicles are used for the purpose of transporting, apprehending, or arresting persons charged with violations of the laws of the United States or the State of North Carolina;
(2) Agents for the Internal Revenue Service;
(3) Public officials.
Individuals in the aforementioned
categories must provide satisfactory evidence shall demonstrate
to the Commissioner Director of the State Bureau of Investigation
that their personal safety is at risk. risk and provide details
supporting that claim. The fact that a person is a law enforcement officer is
not sufficient by itself to establish that the person's safety is at risk. The Commissioner
shall adopt strict verification procedures to ensure the integrity of the registration
system. This file shall be confidential for the use of the Division.
Upon the annual renewal of the registration of a vehicle for which a confidential file has been established under this section, the information placed in that file shall lose its confidential status unless the Commissioner is supplied with information demonstrating that the person's safety remains at risk at the time of renewal.
Private tags issued pursuant to this section are subject to the limitations on private license plates established by the General Assembly under G.S. 14-250 and shall not be placed on privately owned vehicles under any circumstances. The number of confidential license plates issued under this section shall not exceed 500 at any time unless the Commissioner finds that exceptional circumstances exist that justify exceeding that number."
SECTION 6.14.(g) The Division of Motor Vehicles shall report to the Joint Legislative Commission on Governmental Operations by January 1 and July 1 of each year on the number of private plates issued to State‑owned vehicles. The report shall show the total number of private plates issued to each agency, the total number of confidential plates issued to each agency, the total number of fictitious plates issued to each agency, and any additional information necessary for an assessment of the agency's compliance with G.S. 14‑250.
Requested by: Representatives Easterling, Oldham, Redwine, Thompson
FUND SALARIES AND related employer contributions at less than 100% of budgeted requirements
SECTION 6.15.(a) The purpose of the Payroll Turnover Adjustment reduction set out in Section 2.1 of this act is to adjust the amount of funds appropriated to the General Fund for State‑paid salaries and wages to more accurately reflect actual salary and wage requirements for full‑time and part‑time State‑paid personnel. The Office of State Budget and Management shall allocate to State departments and agencies funds necessary to support salaries and wages and related employer contributions for social security and retirement at an average rate of ninety‑eight and one‑half percent (98.5%) of budgeted requirements for salaries and related employer contributions. The provisions of this subsection do not apply to salary and related employer contributions funded by the State for the Public School System and the North Carolina Community Colleges System.
Requested by: Representatives Easterling, Oldham, Redwine, Thompson
EXTEND THE COMMISSION TO ADDRESS SMART GROWTH, GROWTH MANAGEMENT, AND DEVELOPMENT ISSUES
SECTION 6.16. Section 16.7(g) of S.L.1999‑237 reads as rewritten:
"Section 16.7.(g) Report. –
The Commission shall submit an interim report to the 2000 Regular Session of
the 1999 General Assembly and shall submit a final report of its findings and
recommendations by January 15, 2001,September 1, 2001, to the
General Assembly, the Governor, and the citizens of the State. The report may
include recommendations to (i) enact and implement a program of comprehensive
planning, supportive infrastructure development, and growth management and (ii)
address the issue of continued oversight of growth and development in the
State, including whether a permanent commission should be established. The
Commission shall terminate upon filing its final report."
Requested by: Representatives Easterling, Oldham, Redwine, Thompson
Masters Level Internships in state agencies
Requested by: Representative Easterling, Oldham, Redwine, Thompson
application of tort claims act to bus drivers
SECTION 6.18.(a) G.S. 143‑300.1(d) reads as rewritten:
"(d) Except as otherwise
provided in this subsection, the The Attorney General may may,
upon the request of an employee or former employee, defend any civil action
brought against the driver, transportation safety assistant, or monitor of a
public school bus or school transportation service vehicle or school bus
maintenance mechanic when the driver or mechanic is employed and paid by the
local school administrative unit, when the monitor is acting in accordance with
G.S. 115C‑245(d), when the transportation safety assistant is acting in
accordance with G.S. 115C‑245(e), or when the driver is an unpaid school
bus driver trainee under the supervision of an authorized employee of the
Department of Transportation, Division of Motor Vehicles, or an authorized
employee of a county or city board of education or administrative unit. The
Attorney General may afford this defense through the use of a member of his
staff or, in his discretion, employ private counsel. The Attorney General is
authorized to pay any judgment rendered in the civil action not to exceed the
limit provided under the Tort Claims Act. The funds necessary to cover the
first one hundred fifty thousand dollars ($150,000) of liability per claim
shall be made available from funds appropriated to the State Board of
Education. The balance of any liability owed shall be paid in accordance with
G.S. 143‑299.4. The Attorney General may compromise and settle any claim
covered by this section to the extent that he finds the same to be valid, up to
the limit provided in the Tort Claims Act, provided that the authority granted
in this subsection shall be limited to only those claims that would be within
the jurisdiction of the Industrial Commission under the Tort Claims Act.
The Attorney General shall refuse to provide for the defense of a civil action or proceeding brought against an employee or former employee on the grounds set out in G.S. 143-300.4."
PART VII. Department of administration
Requested by: Representatives Jeffus, Sherrill, Walend, Easterling, Oldham, Redwine, Thompson
SECTION 7.1.(a) G.S. 165‑20(3) reads as rewritten:
"§ 165‑20. Definitions.
As used in this Article the terms defined in this section shall have the following meaning:
…
(3) "Child" means a
person person: (i) who is a domiciliary of North Carolina and is a resident
of North Carolina when applying for a scholarship, (ii) who is a senior in high
school or its equivalent and who will graduate at the end of the academic year
or a person who has completed high school or its equivalent prior to
receipt of a scholarship as may be awarded under this Article, equivalent,
(iii) who has complied with the requirements of the Selective Service
System, if applicable, and (iv) who further meets one of the following
requirements:
a. A person whose veteran parent was a legal resident of North Carolina at the time of said veteran's entrance into that period of service in the armed forces during which eligibility is established under G.S. 165‑22.
b. A veteran's child who was born in North Carolina and has lived in North Carolina continuously since birth. Provided, that the requirement in the preceding sentence as to birth in North Carolina may be waived by the Department of Administration if it is shown to the satisfaction of the Department that the child's mother was a native‑born resident of North Carolina and was such resident at the time of her marriage to the veteran and was outside the State temporarily at the time of the child's birth, following which the child was returned to North Carolina within a reasonable period of time where said child has since lived continuously.
c. A person meeting either of the requirements set forth in subdivision (3)a or b above, and who was legally adopted by the veteran prior to said person's reaching the age of 15 years."
SECTION 7.1.(b) G.S. 165‑21 reads as rewritten:
(a) A scholarship granted pursuant to this Article shall consist of the following benefits in either a State or private educational institution:
(1) With respect to State educational institutions, unless expressly limited elsewhere in this Article, a scholarship shall consist of:
a. Tuition,
b. A reasonable board allowance,
c. A reasonable room allowance,
d. Matriculation and other institutional fees required to be paid as a condition to remaining in said institution and pursuing the course of study selected, excluding charges or fees for books, supplies, tools and clothing.
(2) With respect to private educational institutions, a scholarship shall consist of a monetary allowance as prescribed in G.S. 165‑22.1(d).
(3) Only one scholarship may be granted pursuant to this Article with respect to each child and it shall not extend for a longer period than four academic years, which years, however, need not be consecutive.
(4) No educational assistance shall be afforded a child under this Article after the end of a 10‑year period beginning on the date the scholarship is first awarded. Those persons who have been granted a scholarship under this Article prior to the effective date of this act shall be entitled to the remainder of their period of scholarship eligibility if used prior to August 1, 1999. Whenever a child is enrolled in an educational institution and the period of entitlement ends while enrolled in a term, quarter or semester, such period shall be extended to the end of such term, quarter or semester, but not beyond the entitlement limitation of four academic years.
(b) If a child is awarded a scholarship under this Article and the child is a senior in high school or its equivalent, then the scholarship shall be awarded pending the graduation of the child."
Requested by: Representatives Jeffus, Sherrill, Easterling, Oldham, Redwine, Thompson, Gibson
MODIFICATIONS TO THE STATE EMPLOYEE INCENTIVE BONUS PROGRAM
SECTION 7.2.(a) G.S. 143‑340(1) reads as rewritten:
"(1) To establish the State Employee Incentive Bonus Program pursuant to Article 36A of this Chapter, with the authority to adopt all rules necessary to implement the program. The Secretary shall serve ex officio on all program committees and shall designate an executive secretary to administer the program."
SECTION 7.2.(b) G.S. 143‑345.20 reads as rewritten:
"§ 143‑345.20. Definitions.
The following definitions apply in this Article:
(1) Baseline reversion. – The two‑year historical average of reversions by a State department, agency, or institution.
(2) Employing unit.
– Any of the following:
a. The principal
Council of State office or department enumerated in G.S. 143A-11 for which a
State employee works.
b. The principal
State department enumerated in G.S. 143B-6 for which a State employee works.
c. The
constituent institution of The University of North Carolina or the General
Administration of The University of North Carolina for which a State employee
works.
d. The local
school administrative unit for which a State employee works.
e. The board,
commission, or agency and its staff for which a State employee works, if that
agency is not organizationally housed in any of the other offices, departments,
or institutions listed in this subdivision.
(2a) Participating agency. – Any State department, agency, or institution, or any local school administrative unit that employs State employees eligible to participate in the State Employee Incentive Bonus Program. The term includes the North Carolina Community Colleges System, The University of North Carolina and its constituent institutions, and charter schools. The term does not include federal or local government agencies.
(2b) SEIBP. – Acronym for the State Employee Incentive Bonus Program.
(3) State employee. – Any of the following:
a. A person who is a contributing member of the Teachers' and State Employees' Retirement System of North Carolina, the Consolidated Judicial Retirement System of North Carolina, or the Optional Program.
b. A person who receives wages from the State as a part‑time or temporary worker, but is not otherwise a contributing member of one of the retirement programs listed in sub‑subdivision a. of this subdivision."
SECTION 7.2.(c) G.S. 143‑345.21 reads as rewritten:
"§ 143‑345.21. State employee incentive bonus.
(a) A State employee or team of State employees may receive an incentive bonus or bonuses in reward for suggestions or innovations resulting in monetary savings to the State, increased revenues to the State, or improved quality of services delivered to the public.
(b) In addition to
any bonuses paid directly to individual State employees, a portion of the
cost-savings associated with any savings realized from permanent efficiencies
implemented pursuant to this Article may be contributed to a reserve fund for
State employee performance bonuses. Funds for State employee incentive bonuses
shall only come from savings including reversions above the baseline reversion
of the employing State department, agency, or institution.
(b1) The amount of savings generated by suggestions and innovations shall be determined after a 12-month period of implementation. No incentive bonus shall be paid prior to the expiration of 12 months, and payment may be delayed further as reasonably required to ensure that a complete cost implementation cycle is evaluated fully.
(c) Savings generated by
suggestions and innovations shall be determined at the end of the fiscal year
in which the suggestion or innovation is implemented or the determination may be
carried over for one full fiscal year after implementation before making an
award if the actual savings cannot be verified before the end of the fiscal
year. Any savings are to be calculated using the actual expenditures for a
program, activity, or service compared to the budgeted amount for the same, if
an amount has been budgeted for the program, activity, or service. The savings
calculation shall include the amount of any reversions in excess of the
baseline reversion. The savings or revenue increases realized from any
suggestion or innovation implemented for less than one full fiscal year shall
be annualized. Any savings realized through the State Employee Incentive
Bonus Program shall be weighed against continued service to the public.public
and the assurance that there is not a negative impact on State programs.
(d) If a suggestion or innovation affects a program, activity, or service for which no separate budgeted amount has been made, the State Coordinator, in conjunction with the agency evaluator or agency fiscal officer, or both for that suggestion or innovation, shall determine the budgetary impact of the suggestion or innovation.
(e) Federal and local government funds and corporate and foundation grant funds are excluded from the SEIBP.
(f) The Department of Administration shall establish the SEIBP reserve fund in which all savings for all suggestions shall be deposited as earned. Each participating agency shall be responsible for transferring savings to the SEIBP reserve fund. The funds may be encumbered as needed to ensure payment to the General Fund, to the suggester, and for distribution as required by G.S. 143-345.22. The Department of Administration shall provide the SEIBP reserve fund summary at the close of each fiscal year to the Office of State Budget and Management and to the participating agencies. The Office of State Budget and Management shall have oversight responsibility for ensuring that the required reversions and transfers are made to the General Fund, and that all encumbered funds are accounted for and paid as required by law.
(g) No distribution of suggester awards shall occur until reversion requirements to the General Fund are met and distributions as required by G.S. 143-345.22 are satisfied and verified by the Office of State Budget and Management. When all of the requirements of G.S. 143-345.22 are fulfilled, the Department of Administration shall transfer to the suggester's agency funds required to award the suggester. The suggester's agency shall make the suggestion award and ensure that all taxes and withholding requirements are met.
(h) Implementation costs may be prorated over a maximum of three years for suggestions or innovations that are capital intensive, involve leading-edge technology, or involve unconventional processes that require longer than 12 months for implementation. The amount of the average annual savings minus the average annual implementation cost shall be used as the basis for the agency to recommend a suggester award. The State Review Committee shall consult the Office of State Budget and Management to make the final award determination in these cases.
(i) There is established in the Department of Administration a nonreverting fund to be administered by the Office of State Personnel for the training and education of permanent State employees to address specific mission critical needs and objectives. Funds shall be credited from the SEIBP to the fund as provided by this Article."
SECTION 7.2.(d) G.S. 143‑345.22 reads as rewritten:
"§ 143‑345.22. Allocation of incentive bonus funds; nonmonetary recognition.
(a) If a State employee's suggestion or innovation results in a monetary savings or increased revenue to the State, the funds saved or increased shall be distributed according to the following scale or subject to guidelines as set forth by the funding source:
(1) Twenty percent (20%) of
the annualized savings or increased revenues, up to a maximum of twenty
thousand dollars ($20,000) for any one State employee, to constitute
gainsharing. If a team of State employees is the suggester, the bonus provided
in this subdivision shall be divided equally among the team members, except
that no team member may shall receive in excess of twenty
thousand dollars ($20,000), nor may shall the team receive an
aggregate amount in excess of one hundred thousand dollars ($100,000). These
funds shall not revert.
(2) Thirty percent (30%) for
all current employees in the work unit, as designated by the agency head, of
the employing unit of the suggester.allocated as follows:
a. Ten percent (10%) to the implementing agency for nonrecurring budget items to be used (i) by the implementing agency to provide equipment, supplies, training, and limited but appropriate recognition for the division, section, or group responsible for the implementation of the cost-saving measure and (ii) to meet other similar needs within the agency.
b. Ten percent (10%) to the Department of Administration for augmenting funding for the management and administration of the SEIBP. These funds shall not revert.
c. Ten percent (10%) to the State employee education and training fund administered by the Office of State Personnel under G.S. 143-342.21(i). These funds shall not revert.
(3) The remainder to the General Fund for nonrecurring budget items.
(a1) Of the pool of funds identified in subsection (a) of this section, only the General Fund appropriations shall be subject to reversion, except during declared budget emergencies. Under nonemergency budget conditions, SEIBP funds arising from savings at The University of North Carolina, the North Carolina Community Colleges System, the Highway Trust Fund, enterprise funds, and receipt-supported organizations shall be exempt from the General Fund reversion requirements.
(b) The budget of a State agency shall not be reduced in the following fiscal year by an amount similar to the monetary savings or increased revenues realized by the State Employee Incentive Bonus Program. The agency budget shall be reduced in subsequent years only if structural or organizational changes are made that warrant the reductions, including the transfer of responsibility for an activity or service to another agency or the elimination of some function of State government.
(c) If a suggestion or innovation results in improved quality of services to the public or to other State agencies, departments, and institutions, but not in monetary savings to the State, the suggester shall receive a nonmonetary award in the form of a certificate, leave with pay, or other similar recognition."
SECTION 7.2.(e) G.S. 143‑345.23 reads as rewritten:
"§ 143‑345.23. Suggestion and review process; role of agency coordinator and agency evaluator.
(a) The process for a State
employee or team of State employees to submit a cost‑saving or revenue‑increasing
proposal shall begin by with the employee or team of employees
submitting the suggestion or innovation to an agency coordinator designated
by the State department, agency, or institution impacted by the suggestion or
innovation.coordinator. The agency coordinator, in conjunction with
an agency evaluator, shall review the suggestion or innovation for submission
to the State Review Committee established in G.S. 143-345.14.G.S.
143-345.24.
(b) An agency coordinator shall be appointed by the head of each participating agency to serve as liaison between the agency, the suggester, the agency evaluator, and the SEIBP office. The duties of the agency coordinator shall include:
(1) Serving as an information source and maintaining sufficient forms necessary to submit suggestions.
(2) Responsibility for
presenting, Presenting, in conjunction with the agency evaluator,
the plan of implementation for a suggestion or innovation recommendation
for an award to the State Review Committee.
(3) Working in conjunction
with the agency evaluator designated by the Agency Coordinator for to
process a particular suggestion or innovation.innovation within
180 days, except when there are extenuating circumstances.
An agency may have more than one coordinator if required to provide sufficient services to State employees.
(c) An agency evaluator shall be designated by the management of the implementing agency to evaluate one or more suggestions. The duties of an agency evaluator shall include:
(1) Reviewing Receiving
from the agency coordinator and reviewing within 90 days, when possible,
the feasibility and effectiveness of cost‑saving or revenue‑increasing
measures suggested by State employees.
(2) Being knowledgeable of the subject program, activity, or service.
(3) Determining, in conjunction with the agency fiscal officer, the budgetary impact of a suggestion or innovation.
(4) Judging impartially both the positive and negative effects of a suggestion or innovation on the current functions of the subject program, activity, or service.
The specific assignments of the
agency evaluator shall be determined by the agency coordinator.
(d) The State Coordinator
executive secretary shall be responsible for general oversight and
coordination of the State Employee Incentive Bonus Program. The State Coordinator
coordinator shall be a State an employee working inof
the Department of Administration. The State coordinator shall be responsible
for day-to-day SEIBP program management and administration of the technical
aspects of the program. The State coordinator shall be an ex officio voting
member of the State Review Committee."
SECTION 7.2.(f) G.S. 143‑345.24 reads as rewritten:
"§ 143‑345.24. Incentive Bonus Review Committee.
(a) The Incentive Bonus Review Committee, hereinafter "State Review Committee", shall consist of nine members, as follows:
(1) The State Coordinator.
(2) A representative of the Office of State Budget and Management.
(3) A representative of the Office of State Personnel.
(4) A representative of The University of North Carolina.
(5) A representative of the Department of Justice.
(6) A representative of the Department of Labor.
(7) One State employee appointed by the Speaker of the House of Representatives.
(8) One State employee appointed by the President Pro Tempore of the Senate.
(9) One State employee appointed by the Governor upon the recommendation of the State Employees Association of North Carolina, Inc.
(b) The duties of the State Review Committee shall include:
(1) Responsibility for
receiving Receiving from the various agency coordinators
recommendations on suggestion and innovation implementation plans.suggestions
and innovations.
(2) Determining the impact of a suggestion or innovation on State government services by judging the monetary savings, increased revenues, or improved quality of services generated by a suggestion or innovation.
(3) Ensuring that the State employee incentive bonus process does not result in a negative impact on services provided to taxpayers by State government.
(c) All administrative, management, clerical, and other functions and services required by the State Review Committee shall be supplied by the Department of Administration. The Department of Administration and the State Review Committee shall report annually to the Joint Legislative Commission on Governmental Operations on the administration of the State Employee Incentive Bonus Program."
SECTION 7.2.(g) G.S. 143‑345.25 reads as rewritten:
"§
143‑345.25. Effect Innovations deemed property of the State;
effect of decisions regarding bonuses.
(a) All suggestions
or innovations submitted by State employees pursuant to this Article are the
property of the State.State, and all related intellectual property
rights shall be assigned to the State. By January 1, 2002, the Office of State
Personnel shall establish a policy regarding intellectual property rights that
arise from the SEIBP.
(b) Decisions regarding the award of bonuses by the agency coordinator and the State Review Committee are final and are not subject to review under the contested case procedures of Chapter 150B of the General Statutes."
SECTION 7.2.(h) This section becomes effective July 1, 2001, and applies to State employee suggestions and innovations approved or awarded on or after that date.
Requested by: Representatives Jeffus, Sherrill, Easterling, Oldham, Redwine, Thompson
STUDY OF MOTOR FLEET MANAGEMENT
SECTION 7.3. The Office of State Budget and Management shall study the operations of the State motor fleet management system and shall consider the feasibility of privatizing the function. The Office of State Budget and Management shall report the results of this study to the 2002 Regular Session of the 2001 General Assembly.
Requested by: Representatives Jeffus, Sherrill, Easterling, Oldham, Redwine, Thompson
MOTOR POOL OPERATIONS AND ASSIGNMENT OF VEHICLES
SECTION 7.4. G.S. 143‑341(8)(i) reads as rewritten:
"§ 143‑341. Powers and duties of Department.
The Department of Administration has the following powers and duties:
…
(8) General Services:
…
i. To establish and operate a central motor pool and such subsidiary related facilities as the Secretary may deem necessary, and to that end:
…
4. To maintain, store,
repair, dispose of, and replace state‑owned motor vehicles under the
control of the Department. The Department shall ensure that state‑owned
vehicles are not normally replaced until they have been driven for 90,000 110,000
miles or more.
5. Upon proper requisition, proper showing of need for use on State business only, and proper showing of proof that all persons who will be driving the motor vehicle have valid drivers' licenses, to assign economically suitable transportation, either on a temporary or permanent basis, to any State employee or agency. An agency assigned a motor vehicle may not allow a person to operate that motor vehicle unless that person displays to the agency and allows the agency to copy that person's valid driver's license. Notwithstanding G.S. 20‑30(6), persons or agencies requesting assignment of motor vehicles may photostat or otherwise reproduce drivers' licenses for purposes of complying with this subpart.
As used in this
subpart, "economically suitable transportation" means the most
cost-effective standard vehicle in the State motor fleet, unless special
towing provisions are required by the employee or agency. The Department
may not assign any employee or agency a motor vehicle that is not economically
suitable. The Department shall not approve requests for vehicle assignment
or reassignment when the purpose of that assignment or reassignment is to provide
any employee with a newer or lower mileage vehicle because of his or her rank,
management authority, or length of service or because of any non‑job‑related
reason. The Department shall not assign "special use" vehicles, such
as four‑wheel drive vehicles or law enforcement vehicles, to any agency
or individual except upon written justification, verified by historical data,
and accepted by the Secretary. The Department may provide law enforcement
vehicles only to those agencies which have statutory pursuit authority."
Requested by: Representatives Jeffus, Sherrill, Easterling, Oldham, Redwine, Thompson
STUDY STATE CAPITOL SECURITY SERVICES
SECTION 7.5. The Legislative Research Commission shall study the provision of security services in the State Capitol area. The Commission shall report its recommendations to the 2001 General Assembly no later than its reconvening in 2002.
Requested by: Representatives Jeffus, Sherrill, Easterling, Oldham, Redwine, Thompson
TRANSFER BOARD OF SCIENCE AND TECHNOLOGY
SECTION 7.6. The statutory authority, power, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, or other funds, including the functions of budgeting and purchasing, of the North Carolina Board of Science and Technology, as established in G.S. 143B‑426.30, are transferred to the Department of Commerce. Part 27 of Article 9 of Chapter 143B of the General Statutes is recodified as Part 18 of Article 10 of Chapter 143B of the General Statutes and the Revisor of Statutes shall substitute the term "Commerce" for the term "Administration" everywhere that term appears in Part 18 of Article 10 of Chapter 143B of the General Statues.
Requested by: Representatives Jeffus, Sherrill, Easterling, Oldham, Redwine, Thompson
Domestic Violence Commission Staffing
SECTION 7.7. G.S. 143B‑394.15 is amended by adding a new subsection to read:
"(l) Staffing. – The Secretary of the Department of Administration shall be responsible for staffing the Commission. To that end, the Secretary shall, at a minimum, assign an employee to serve as a Deputy Director within the North Carolina Council for Women whose primary duties shall be to staff the Commission. The person assigned as Deputy Director shall have the education, experience, and any other qualifications necessary for the position."
PART VIII. Office of Administrative Hearings
Requested by: Representatives Jeffus, Sherrill, Easterling, Oldham, Redwine, Thompson
OFFICE OF ADMINISTRATIVE HEARINGS RECLASSIFICATION OF POSITIONS
SECTION 8.1. The Office of Administrative Hearings shall reclassify positions in the Rules Division, Civil Rights Division, Hearings Division, and Administration Division of the Office of Administrative Hearings in accordance with the findings and recommendations of the Office of State Personnel submitted to the General Assembly on January 30, 2001.
PART IX. OFFice of the State auditor
Requested by: Representatives Jeffus, Sherrill, Easterling, Oldham, Redwine, Thompson
ELECTRONIC DISTRIBUTION OF AUDITOR'S REPORTS
SECTION 9.1.(a) G.S. 147‑64.6(c) reads as rewritten:
"(c) The Auditor shall be responsible for the following acts and activities:
…
(12) The Auditor shall provide in
a written statement a report to the Governor and Attorney General,
and other appropriate officials, of such facts as are in his possession
which pertain to the apparent violation of penal statutes or apparent instances
of malfeasance, misfeasance, or nonfeasance by an officer or employee.
…
(14) The Auditor shall provide
copies of each audit report to notify the General Assembly, the
Governor, the Chief Executive Officer of each agency audited, and other persons
as the Auditor deems appropriate. appropriate that an audit report
has been published, its subject and title, and the locations, including State
libraries, at which the report is available. The Auditor shall then distribute
copies of the report only to those who request a report. The copies shall be in
written or electronic form, as requested. He shall also file a copy of the
audit report in the Auditor's office, which will be a permanent public record;
Provided, nothing in this subsection shall be construed as authorizing or
permitting the publication of information whose disclosure is otherwise
prohibited by law.
…."
SECTION 9.1.(b) G.S. 147‑64.5(a) reads as rewritten:
"(a) Joint Legislative Commission on Governmental Operations. – The Auditor shall furnish copies of any and all audits only when requested by the Joint Legislative Commission on Governmental Operations. The copies shall be in written or electronic form, as requested. Accordingly, the Auditor shall, upon request by the chairmen, appear before the Commission to present findings and answer questions concerning the results of these audits. The Commission is hereby authorized to use these audit findings in its inquiries concerning the operations of State agencies and is empowered to require agency heads to advise the Commission of actions taken or to be taken on any recommendations made in the report or explain the reasons for not taking action."
PART X. office of the state controller
Requested by: Representatives Jeffus, Sherrill, Easterling, Oldham, Redwine, Thompson
SECTION 10.1.(a) During the 2001‑2002 fiscal year, receipts generated by the collection of inadvertent overpayments by State agencies to vendors as a result of pricing errors, neglected rebates and discounts, miscalculated freight charges, unclaimed refunds, erroneously paid excise taxes, and related errors as required by G.S. 147‑86.22(c) are to be deposited in the Special Reserve Account 24172.
SECTION 10.1.(b) For the 2001‑2002 fiscal year, two hundred thousand dollars ($200,000) of the funds transferred from the Special Reserve Account 24172 shall be used by the Office of the State Controller for data processing, debt collection, or e‑commerce costs.
SECTION 10.1.(c) All funds available in the Special Reserve Account 24172 on July 1, 2001, are transferred to the General Fund on that date.
SECTION 10.1.(d) Any unobligated funds in the Special Reserve Account 24172 that are realized above the allowance in subsection (b) of this section are subject to appropriation by the General Assembly in the 2002 Regular Session of the 2001 General Assembly.
SECTION 10.1.(e) The State Controller shall report quarterly to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division on the revenue deposited into the Special Reserve Account and the disbursement of that revenue.
PART XI. DEPARTMENT of cultural resources
Requested by: Representatives Jeffus, Sherrill, Easterling, Oldham, Redwine, Thompson
COMPLETION OF THE INFORMATION TECHNOLOGY EXPANSION PROJECT AND THE INFORMATION RESOURCE MANAGEMENT COMMISSION PROJECT CERTIFICATION
SECTION 11.1. Of the funds appropriated to the Department of Cultural Resources, the sum of fifty thousand dollars ($50,000) shall be used to complete the planning for the Information Technology Expansion Project and the Information Resource Management Commission (IRMC) Project Certification. The Department shall not expend any additional funds for information technology expansion prior to review of the IRMC Project Certification by the Joint Select Committee on Information Technology. The results of the IRMC Project Certification shall be presented to the Joint Select Committee on Information Technology no later than December 31, 2001.
PART XII. OFFice of the governor
Requested by: Representatives Jeffus, Sherrill, Baddour, Easterling, Oldham, Redwine, Thompson
ADVISORY COMMISSION ON MILITARY AFFAIRS
SECTION 12.1. The General Statutes are amended by adding a new Chapter to read:
"Advisory Commission on Military Affairs.
"§ 127C-1. Creation of the North Carolina Advisory Commission on Military Affairs.
There is created in the Office of the Governor the North Carolina Advisory Commission on Military Affairs to advise the Governor and the Secretary of Commerce on protecting the existing military infrastructure in this State and to promote new military missions and economic opportunities for the State and its citizens.
"§ 127C-2. Membership.
(a) The North Carolina Advisory Commission on Military Affairs shall consist of 21 voting members, who shall serve on the Executive Committee, and nine nonvoting, ex officio members who shall serve by reason of their positions.
(b) The Executive Committee shall be appointed as follows:
(1) Three members appointed by the Speaker of the House of Representatives, one of whom shall be a member of a recognized veterans' organization.
(2) Three members appointed by the President Pro Tempore of the Senate, one of whom shall be a member of a recognized veterans' organization.
(3) Fifteen members appointed by the Governor, consisting of:
a. Three representatives from the Jacksonville community.
b. Three representatives from the Havelock community.
c. Three representatives from the Goldsboro community.
d. Three representatives from the Fayetteville community.
e. Three public members from across the State.
(c) The following members shall serve ex officio:
(1) Secretary of Crime Control and Public Safety, or a designee.
(2) Secretary of Commerce, or a designee.
(3) Commanding General 18th Airborne Corps, Fort Bragg.
(4) Commanding General Marine Corps Base, Camp Lejeune.
(5) Commanding General Marine Corps Air Station, Cherry Point.
(6) Commander 4th FW, Seymour Johnson Air Force Base.
(7) Commander 43rd Airlift Wing, Pope Air Force Base.
(8) Commander of the U.S. Coast Guard Support Center, Elizabeth City.
(9) Adjutant General of the North Carolina National Guard.
(d) The Executive Committee appointed pursuant to subsection (b) of this section shall choose a Chairman and four Vice-Chairmen from amongst its membership.
"§ 127C-3. Military Advisor.
The Military Advisor within the Office of the Governor shall serve as the administrative head of the Commission and be responsible for the operations and normal business activities of the Commission, with oversight by the Executive Committee."§ 127C-4. Purposes.
The Commission shall have the following responsibilities and duties:
(1) Advise the Governor and Secretary of Commerce on how to strengthen the State's relationship with the military to protect the installations of this State from the results of any future defense budget cuts or military downsizing by providing a sound infrastructure, affordable housing, and affordable education for military members and their families, working to be viewed by national military leaders as the most military-friendly State in the nation.
(2) Develop a strategic plan to provide initiatives to support the long-term viability and prosperity of the military of this State that shall include, at least:
a. A comprehensive Economic Impact Study of Military Activities in North Carolina to be conducted by the North Carolina State University Department of Economics and the East Carolina University Office of Regional Development.
b. A Strengths/Weaknesses/Opportunities/Threats (SWOT) Analysis conducted by a professional strategic planning group on the current status of the military in North Carolina.
(3) Study ways to improve educational opportunities for military personnel in North Carolina.
(4) Assist in coordinating the State's interests in future activities of the Department of Defense.
(5) Promote initiatives to improve the quality of life for military personnel in this State."
Requested by: Representatives Jeffus, Sherrill, Easterling, Oldham, Redwine, Thompson
ELIMINATE STATE PLANNING UNIT AND RENAME BUDGET OFFICE
SECTION 12.2.(a) G.S. 143‑10.3, 143‑10.4, 143‑10.5, and 143‑10.6 are repealed.
SECTION 12.2.(b) The phrase "Office of State Budget, Planning, and Management" is deleted and replaced by the phrase "Office of State Budget and Management" wherever it occurs in each of the following General Statutes:
G.S. 7A‑101. Compensation.
G.S. 7A‑113. Bookkeeping and accounting systems equipment.
G.S. 18B‑1009. In‑stand sales.
G.S. 20‑7. Issuance and renewal of drivers licenses.
G.S. 47‑30. Plats and subdivisions; mapping requirements.
G.S. 58‑6‑25. Insurance regulatory charge.
G.S. 58‑85A‑1. Creation of Fund; allocation to local fire districts and political subdivisions of the State.
G.S. 62A‑25. Use of funds.
G.S. 96‑4. Administration.
G.S. 96‑32. Common follow‑up information management system created.
G.S. 96‑35. Reports on common follow‑up system activities.
G.S. 97‑80. Rules and regulations; subpoena of witnesses; examination of books and records; depositions; costs.
G.S. 105‑130.5. Adjustments to federal taxable income in determining State net income.
G.S. 105‑134.6. Adjustments to taxable income.
G.S. 105‑262. Rules.
G.S. 108A‑27.8. Standard Program Counties – Duties of Department.
G.S. 115C‑457.1. Creation of Fund; administration.
G.S. 115C‑457.2. Remittance of moneys to the Fund.
G.S. 115C‑457.3. Transfer of funds to the State School Technology Fund.
G.S. 115C‑546.1. Creation of Fund; administration.
G.S. 115D‑31. State financial support of institutions.
G.S. 116‑220. Establishment and administration of self‑insurance trust funds; rules and regulations; defense of actions against covered persons; application of § 143‑300.6.
G.S. 120‑30.45. Fiscal note on legislation.
G.S. 120‑30.49. Compiling federal mandates; annual report.
G.S. 120‑36.8. Certification of legislation required by federal law.
G.S. 120‑131.1. Requests from legislative employees for assistance in the preparation of fiscal notes.
G.S. 120‑166. Additional criteria; nearness to another municipality.
G.S. 122A‑16. Oversight by committees of General Assembly; annual reports.
G.S. 122C‑112. Powers and duties of the Secretary.
G.S. 122C‑185. Application of funds belonging to State facilities.
G.S. 131D‑4.2. Adult care homes; family care homes; annual cost reports; exemptions; enforcement.
G.S. 131E‑13. Lease or sale of hospital facilities to or from for‑profit or nonprofit corporations or other business entities by municipalities and hospital authorities.
G.S. 135‑39.3. Oversight team.
G.S. 138‑6. Travel allowances of State officers and employees.
G.S. 138‑8. Moving expenses of State employees.
G.S. 143‑1. Scope and definitions.
G.S. 143‑2. Purposes.
G.S. 143‑3.5. Coordination of statistics; fiscal analysis required for any bill proposed by a State agency that affects the budget.
G.S. 143‑4. (For applicability see note) Advisory Budget Commission.
G.S. 143‑6. Information from departments and agencies asking State aid.
G.S. 143‑6.1. Report on use of State funds by non‑State entities.
G.S. 143‑10.1A. Same – Continuation and expansion costs.
G.S. 143‑10.2. Limit on number of State employees.
G.S. 143‑10.3. Strategic planning process.
G.S. 143‑10.4. Departmental operations plans.
G.S. 143‑10.5. Development of performance measures for major programs.
G.S. 143‑10.7. Review of department forms and reports.
G.S. 143‑12.1. Vending facilities.
G.S. 143‑15.4. General Fund operating budget size limited.
G.S. 143‑19. Help for Director.
G.S. 143‑20.1. Annual financial statements.
G.S. 143‑27. Appropriations to educational, charitable and correctional institutions are in addition to receipts by them.
G.S. 143‑28.1. Highway Fund appropriation.
G.S. 143‑31.1. Study and review of plans and specifications for building, improvement, etc., projects.
G.S. 143‑34.2. Information as to requests for nonstate funds for projects imposing obligation on State; statement of participation in contracts, etc., for nonstate funds; limiting clause required in certain contracts or grants.
G.S. 143‑34.41. Legislative intent; purpose.
G.S. 143‑34.43. Capital improvement needs criteria.
G.S. 143‑34.44. Agency capital improvement needs estimates.
G.S. 143‑138. North Carolina State Building Code.
G.S. 143‑215.94P. Groundwater Protection Loan Fund.
G.S. 143‑299.4. Payment of State excess liability.
G.S. 143‑345.24. Incentive Bonus Review Committee.
G.S. 143B‑133.1. Powers of Commission.
G.S. 143B‑336.1. Special Zoo Fund.
G.S. 143B‑372.3. Staff.
G.S. 143B‑426.39. Powers and duties of the State Controller.
G.S. 146‑30. Application of net proceeds.
G.S. 147‑33.78. Information Resource Management Commission.
G.S. 147‑33.87. Financial reporting and accountability for information technology investments and expenditures.
G.S. 147‑86.22. Statewide accounts receivable program.
G.S. 150B‑21. Agency must designate rule‑making coordinator; duties of coordinator.
G.S. 150B‑21.4. Fiscal notes on rules.
G.S. 150B‑21.9. Standards and timetable for review by Commission.
G.S. 150B‑21.28. Role of the Office of State Budget and Management.
G.S. 153A‑230.1. Definitions.
G.S. 153A‑230.2. Creation of Satellite Jail/Work Release Unit Fund.
G.S. 153A‑230.5. Satellite jails/work release units built with non‑State funds.
G.S. 159I‑25. Disbursement.
G.S. 159I‑28. Rules.
G.S. 159I‑29. Annual reports to Joint Legislative Commission on Governmental Operations.
G.S. 160A‑486. Estimates of population.
G.S. 163‑132.5. Cooperation of State and local agencies.
SECTION 12.2.(c) G.S. 147‑33.85(b) reads as rewritten:
"(b) The Office shall
coordinate with the Office of State Budget, Planning, and Management Office
of State Budget and Management to integrate agency strategic and business
planning, technology planning and budgeting, and project expenditure processes
into the Office's information technology portfolio‑based management. The
Office shall provide recommendations for agency annual budget requests for
information technology investments, projects, and initiatives to the Office
of State Budget, Planning, and Management.Office of State Budget and
Management."
part xiii. office of state personnel
Requested by: Representatives Jeffus, Sherrill, Easterling, Oldham, Redwine, Thompson
ABOLISH OFFICE OF STATE PERSONNEL PREPARE PROGRAM
SECTION 13.1. The General Assembly encourages the Department of State Treasurer to include the model of the PREPARE program in its current delivery of retirement services. The PREPARE program in the Office of State Personnel is abolished.
Requested by: Representatives Jeffus, Sherrill, Easterling, Oldham, Redwine, Thompson
USE OF INTERNET FOR AGENCY PUBLICATIONS
SECTION 14.1.(a) Each of the State agencies listed in subsection (b) of this section shall review its printing and publication requirements and schedules and develop a plan to reduce the cost of printing, publishing, and distributing agency information and materials, including documents, reports, and other publications by using computer technology and the Internet, in particular, to distribute information and materials to the public. In developing the plan, each State agency shall review the statutory and regulatory requirements of the agency with regard to publishing and distributing information to the public and make recommendations on any statutory revisions needed to publish and distribute agency information over the Internet or by other computer‑related means. Each agency shall submit a written report to the Fiscal Research Division of the General Assembly by April 1, 2002, outlining the required information and the recurring adjustments in the agency budget.
SECTION 14.1.(b) This section applies to the Office of the Governor, the Office of the Lieutenant Governor, the Department of Administration, the Office of the State Auditor, the Office of State Budget and Management, the Board of Elections, the Department of Insurance, the Office of the Secretary of State, the Office of the State Treasurer, the Office of Administrative Hearings, the Office of the State Controller, the Department of Cultural Resources, the General Assembly, the Office of State Personnel, the Department of Revenue, and the Rules Review Commission.
Requested by: Representatives Jeffus, Sherrill, Tolson, Easterling, Oldham, Redwine, Thompson
REDUCE JOURNAL PRINTING/session laws technical corrections
SECTION 14A.1. G.S. 147‑45 reads as rewritten:
"§ 147‑45.Distribution of copies of State publications.
The Secretary of State shall, at
the State's expense, as soon as possible after publication, provide such number
of copies of the Session Laws and Senate and House Journals to federal, State,
and local governmental officials, departments and agencies, and to educational
institutions of instruction and exchange use, as is set out in the table below:
below. These publications shall be made available in hardbound and
electronic format. Each agency or institution entitled to more than one copy in
the table below shall receive only one of the copies in hardbound format with
the remainder in electronic format, unless such agency or institution requests
additional hardbound copies by August 1. The Principal Clerks of the House of
Representatives and Senate, in consultation with the Secretary of State, shall
determine the total number of volumes to be printed each year.
Session Assembly
Agency or Institution Laws Journals
Governor, Office of the 3
2 2
Office of State Budget and Management 1 0
Lieutenant Governor, Office of the 1 1
Secretary of State, Department of the 3 3
Auditor, Department of the State 3
1 1 0
Treasurer, Department of the State 3 1
Local Government Commission 2 0
State Board of Education 1 0
Department of Public Instruction 3
2 1
Controller 1 0
Technical Assistance Centers 1
ea. 0
Department of Community Colleges
Community Colleges System Office 3
1 1
Justice, Department of
Office of the Attorney General 25
5 3 2
Budget Bureau (Administration) 1 0
Property Control (Administration) 1 1
State Bureau of
Investigation 1 0
Agriculture and Consumer Services,
Department of 3
1 1
Labor, Department of 5
4 1
Insurance, Department of 5
2 1
Administration, Department of 1 1
Budget Bureau 2 1
Controller 1 0
Property Control 1 0
Purchase and Contract 2 0
Policy and Development 1 0
Veterans Affairs Commission 1 0
Environment and Natural Resources,
Department of 6 0
Wildlife Resources Commission 2 0
Revenue, Department of 5 1
Health and Human Services, Department
of 6 1 0
Mental Health, Developmental Disabilities,
and Substance Abuse Services,
Division of 1 0
Social Services, Division of 3 0
FacilitiesFacility Services,
Division of 1 0
Hospitals and Institutions 1 ea. 0
Juvenile Justice and Delinquency
Prevention, Department of 3 0
Transportation, Department of 1 0
Board of Transportation 3 0
Motor Vehicles, Division of 1 0
Commerce, Department of 1
0 0
Economic Development, Division of 2 0
State Ports Authority 1 0
Alcoholic Beverage Control Commission,
North Carolina 2 0
Banking Commission 2
1 0
Utilities Commission 8
3 1
Industrial Commission 7
1 0
Labor Force Development Council 1 0
Milk Commission 5 0
Employment Security
Commission 1 1
Correction, Department of 1 0
Department of Correction 2 0
Post-Release Supervision and
Parole Commission 2 1 0
State Prison 1 0
Correctional Institutions 1 ea. 0
Cultural Resources, Department of 1
0 0
Archives and History, Division
of 5 3 1
State Library 5 5
Publications Division 1 1
Crime Control and Public Safety,
Department of 2 1 1
North Carolina Crime Commission 1 0
Adjutant General 2 0
Elections, State Board of 2
1 0
Office of Administrative Hearings 2
1 0
State Personnel Commission 1 0
Office of State Personnel 1 1
Legislative Branch
State Senators 1 ea. 1 ea.
State Representatives 1 ea. 1 ea.
Principal Clerk – Senate 1 1
Principal Clerk – House 1 1
Reading Clerk – Senate 1 1
0
Reading Clerk – House 1 1
0
Sergeant at Arms – House 1 1
0
Sergeant at Arms – Senate 1 1
0
Enrolling Clerk 1 0
Engrossing Clerk 1 0
Indexer of the Laws 1 0
Legislative Building Library 35 15
7
Judicial System
Justices of the Supreme
Court 1 ea. 1
ea.
Judges of the Court of
Appeals 1 ea. 1
ea.
Judges of the Superior Court 1
ea. 0
Emergency and Special Judges
of the
Superior Court 1
ea. 0
District Court Judges 1
ea. 0
District Attorneys 1
ea. 0
Clerk of the Supreme Court 1 1
Clerk of the Court of Appeals 1 1
Administrative Office of the Courts
4 3 1
Supreme Court Library AS
MANY AS REQUESTED 16 3
Colleges and Universities
The University of North Carolina System
Administrative Offices 3 0
University of North Carolina,
Chapel Hill 65
33 25 9
University of North Carolina,
Charlotte 3
2 1
University of North Carolina,
Greensboro 3
1 1
University of North Carolina,
Asheville 2
1
University of North Carolina,
Wilmington 2
1 1
North Carolina State University,
Raleigh 5
1 3 1
Appalachian State University 2 1
East Carolina University 3 1 2
1
Elizabeth City State University 2 1
Fayetteville State University 2 1 1
North Carolina Agricultural and
Technical University 2 1
North Carolina Central University 5 1 5
1
Western Carolina University 2 1 1
University of North Carolina,
Pembroke 2 1
Winston‑Salem State University 2 1
North Carolina School of the Arts 1 1
Private Institutions
Duke University 6
4 6 3
Davidson College 3
1 2 1
Wake Forest University 5 5
Lenoir Rhyne College 1 1
Elon College University 1 1
Guilford College 1 1
Campbell University 5 2 5
2
Wingate College University 1 1
Pfeiffer College 1 1
Barber Scotia College 1 1
Barton College 1 1
Shaw University 1 1
St. Augustine's College 1 1
Johnson C. Smith University 1 1
Belmont Abbey College 1 1
Bennett College 1 1
Catawba College 1 1
Gardner‑Webb
College University 1 1
Greensboro College 1 1
High Point University 1 1
Livingstone College 1 1
Mars Hill College 1 1
Meredith College 1 1
Methodist College 1 1
North Carolina Wesleyan College 1 1
Peace College 1 0
Queens College 1 1
Sacred Heart College 1 1
St. Andrews Presbyterian College 1 1
Salem College 1 1
Warren Wilson College 1 1
County and Local Officials
Clerks of the Superior Court 1 ea. 1 ea.
Register of Deeds 1
ea. 1 ea. 0
Federal, Out‑of‑State and Foreign
Secretary to the President 1 0
Secretary of State 1 1
Secretary of Defense 1 0
Secretary of Agriculture 1 0
Secretary of the Interior 1 0
Secretary of Labor 1 1
0
Secretary of Commerce 1 1
0
Secretary of the Treasury 1 0
Secretary of Health,
Education and
Welfare Health
and Human Services 1 0
Secretary of Housing and Urban
Development 1 0
Secretary of Transportation 1 0
Attorney General 1 0
Postmaster General
United States Postal Service 1 0
Bureau of Census 1 0
Bureau of Public Roads 1 0
Department of Justice 1 0
Department of Internal Revenue
Internal
Revenue Service 1 0
Veterans' Administration
Department of
Veterans Affairs 1 0
Farm Credit Administration 1 0
Securities and Exchange Commission 1 0
Social Security Board 1 0
Environmental Protection Agency 1 0
Library of Congress 8 2
Federal Judges resident in North
Carolina 1 ea. 0
Federal District Attorneys resident in
North Carolina 1 ea. 0
Marshal of the United States
Supreme Court 1 0
Federal Clerks of Court resident in
North Carolina 1 ea. 0
Supreme Court Library exchange list 1 ea. 0
One copy of the Session Laws shall be furnished the head of any department of State government created in the future.
State agencies, institutions, etc., not found in or covered by this list may, upon written request from their respective department head to the Secretary of State, and upon the discretion of the Secretary of State as to need, be issued copies of the Session Laws on a permanent loan basis with the understanding that should said copies be needed they will be recalled.
State Senators and State Representatives are entitled to the Journal of a house only if requested in writing to the Principal Clerk of that house no later than August 1 of the year of the Journal."
PART XIV‑b. STATe board of elections
Requested by: Representatives Jeffus, Sherrill, Easterling, Oldham, Redwine, Thompson, Baddour, Nesbitt
SECTION 14B.1.(a) The State Board of Elections shall make grants as specified in subsection (b) of this section to certain counties that provided additional one‑stop absentee voting sites in the 2000 General Election at locations other than the county board of elections office or the county courthouse. The funds for such grants shall come from funds previously appropriated, but not granted, to the State Board of Elections by S.L. 2000‑136, for grants to counties to provide additional one‑stop absentee voting sites. Under no circumstances shall any new grants by the State Board, under this act, be funded by any new appropriations. No other grants from funds previously appropriated, but not granted, to the State Board of Elections by S.L. 2000‑136, for grants to counties to provide additional one‑stop absentee voting shall be made other than those specified in subsection (b) of this section. Any funds from the fiscal year 2000‑2001 appropriation remaining on June 30, 2001, shall not revert to the General Fund until the grant awards are made.
(1) Buncombe in the amount of fifteen thousand dollars ($15,000).
(2) Chatham in the amount of five thousand dollars ($5,000).
(3) Durham in the amount of ten thousand dollars ($10,000).
(4) Edgecombe in the amount of five thousand dollars ($5,000).
(5) Lenoir in the amount of ten thousand dollars ($10,000).
(6) Orange in the amount of five thousand dollars ($5,000).
(7) Wake in the amount of ten thousand dollars ($10,000).
PART XIV‑C. DEpartment of state treasurer
Requested by: Representatives Jeffus, Sherrill, Easterling, Oldham, Redwine, Thompson
investment and banking division of DeparTment of state treasurer/receipt supported
SECTION 14C.1.(a) G.S. 147‑68.1 reads as rewritten:
"§ 147‑68.1. Banking operations.
The cost of administration,
management, and operations of the banking operations of the Department of State
Treasurer shall be apportioned equitably among the funds and programs using
these services, and the costs so apportioned shall be deposited with the State
Treasurer as a general fund nontax revenue. receipt to the budget of
the Department of State Treasurer. The cost of administration,
management and operations of the banking operations of the Department of State
Treasurer shall be covered by an appropriation to the State Treasurer for this
purpose in the Current Operations Appropriations Act. "
SECTION 14C.1.(b) G.S. 147‑69.3(f) reads as rewritten:
"(f) The cost of
administration, management, and operation of investment programs established
pursuant to this section shall be apportioned equitably among the programs in
such manner as may be prescribed by the State Treasurer, such costs to be paid
from each program, and to the extent not otherwise chargeable directly to the
income or assets of the specific investment program or pooled investment
vehicle, shall be deposited with the State Treasurer as a General Fund
nontax revenue. receipt to the budget of the State Treasurer. The
cost of administration, management, and operation of investment programs
established pursuant to this section and not directly paid from the income or
assets of such program shall be covered by an appropriation to the State
Treasurer for this purpose in the Current Operations Appropriations Act."
PART XIV‑D. Department of Revenue
Requested by: Representatives Easterling, Oldham, Redwine, Thompson
part XV. information technology
Requested by: Representatives Tolson, Tucker, Easterling, Oldham, Redwine, Thompson
STATE AGENCIES TO REPORT ON INTELLECTUAL PROPERTY
SECTION 15.1.(a) Prior to the transfer of any patentable intellectual property or the release of any State grants or loans to non-State entities for purposes related to the development of patentable intellectual property, each State department, agency, institution, or other entity of the State shall prepare a written evaluation of the following matters:
(1) If the proposed or pending transaction involves the transfer of patentable intellectual property developed by State employees within the scope of their employment:
a. The nature of the State’s interest in the patentable intellectual property.
b. The potential value of the State’s interest in the patentable intellectual property.
c. How to best protect the State’s interest in the patentable intellectual property, as appropriate.
(2) If the proposed or pending transaction involves the release of State grants or loans to a non-State entity for purposes related to the development of patentable intellectual property, the extent to which the release or the use of the State grants or loans for purposes related to the development of patentable intellectual property may affect the public purpose of the State financial aid to the non-State entity.
Each State agency engaging in transfers of patentable intellectual property or the release of State grants or loans subject to this subsection shall, immediately upon the completion of the written evaluation required by this section, forward a copy of the written evaluation to the Governor, the Joint Legislative Commission on Governmental Operations, and the Chairs of the House of Representatives Science and Technology Committee and the Senate Information Technology Committee.
SECTION 15.1.(b) The provisions of subsection (a) of this section do not apply to The University of North Carolina and its constituent institutions, or to the North Carolina Community Colleges System, or to employees of these respective institutions who are subject to the intellectual property and inventor policies of the institutions employing them.
Requested by: Representatives Tolson, Tucker, Easterling, Oldham, Redwine, Thompson
SECURITY STANDARDS FOR STATE INFORMATION TECHNOLOGY
SECTION 15.2.(a) G.S. 147‑33.81 reads as rewritten:
"§ 147‑33.81. Definitions.
As used in this Article:
(1) "Distributed information technology assets" means hardware, software, and communications equipment not classified as traditional mainframe‑based items, including personal computers, local area networks (LANs), servers, mobile computers, peripheral equipment, and other related hardware and software items.
(2) "Information
technology" means electronic data processing goods and services and services,
telecommunications goods and services, security goods and services,
microprocessors, software, information processing, office systems, any services
related to the foregoing, and consulting or other services for design or redesign
of information technology supporting business processes.
(3) "Information technology enterprise management" means a method for managing distributed information technology assets from acquisition through retirement so that total ownership costs (purchase, operation, maintenance, disposal, etc.) are minimized while maximum benefits are realized.
(4) "Information technology portfolio management" means a business‑based approach for analyzing and ranking potential technology investments and selecting those investments that are the most cost‑effective in supporting the strategic business and program objectives of the agency.
(5) "Office" means the Office of Information Technology Services as established in this Article.
(6) "State agency" means any department, institution, commission, committee, board, division, bureau, office, officer, or official of the State. The term does not include any State entity excluded from coverage under this Article by G.S. 147-33.80, unless otherwise expressly provided."
SECTION 15.2.(b) G.S. 147‑33.82 reads as rewritten:
"§ 147‑33.82. Powers and duties of the State Chief Information Officer and the Office of Information Technology Services.
(a) The Office of Information Technology Services shall:
(1) Procure all information technology for State agencies, as provided in Part 4 of this Article.
(2) Submit for approval of the Information Resources Management Commission all rates and fees for common, shared State government‑wide technology services provided by the Office.
(3) Submit for approval of the Information Resources Management Commission recommended State government‑wide, enterprise‑level policies for information technology.
(4) Develop standards, procedures, and processes to implement policies approved by the Information Resources Management Commission.
(5) Assure that State agencies implement and manage information technology portfolio‑based management of State information technology resources, in accordance with the direction set by the State Chief Information Officer.
(6) Assure that State agencies implement and manage information technology enterprise management efforts of State government, in accordance with the direction set by the State Chief Information Officer.
(7) Provide recommendations to the Information Resources Management Commission for its biennial technology strategy and to develop State government‑wide technology initiatives to be approved by the Information Resources Management Commission.
(8) Develop a project management, quality assurance, and architectural review process that adheres to the Information Resources Management Commission's certification program and portfolio‑based management initiative.
(9) Establish and utilize the Information Technology Management Advisory Council to consist of representatives from other State agencies to advise the Office on information technology business management and technology matters.
(b) Notwithstanding any other provision of law, local governmental entities may use the information technology programs, services, or contracts offered by the Office, including information technology procurement, in accordance with the statutes, policies, and rules of the Office. For purposes of this subsection, "local governmental entities" includes local school administrative units, as defined in G.S. 115C‑5, and community colleges. Local governmental entities are not required to comply with otherwise applicable competitive bidding requirements when using contracts established by the Office. Any other State entities may also use the information technology programs, services, or contracts offered by the Office, including information technology procurement, in accordance with the statutes, policies, and rules of the Office.
(c) The State Chief Information Officer shall establish an enterprise-wide set of standards for information technology security to maximize the functionality, security, and interoperability of the State's distributed information technology assets, including communications and encryption technologies. As part of this function, the State Chief Information Officer shall review periodically existing security standards and practices in place among the various State agencies to determine whether those standards and practices meet enterprise-wide security and encryption requirements. The State Chief Information Officer may assume the direct responsibility of providing for the information technology security of any State agency that fails to adhere to security standards adopted pursuant to this section. Any actions taken by the State Chief Information Officer under this subsection shall be reported to the Information Resources Management Commission at its next scheduled meeting.
(d) Notwithstanding G.S. 143-48.3 or any other provision of law, and except as otherwise provided by this subsection, all information technology security purchased using State funds, or for use by a State agency or in a State facility, shall be subject to approval by the State Chief Information Officer in accordance with security standards adopted under this section.
(1) If the legislative branch, the judicial branch, The University of North Carolina and its constituent institutions, local school administrative units as defined by G.S. 115C-5, or the North Carolina Community Colleges System develop their own security standards, taking into consideration the mission and functions of that entity, that are comparable to or exceed those set by the State Chief Information Officer under this section, then these entities may elect to be governed by their own respective security standards, and approval of the State Chief Information Officer shall not be required before the purchase of information technology security. The State Chief Information Officer shall consult with the legislative branch, the judicial branch, The University of North Carolina and its constituent institutions, local school administrative units, and the North Carolina Community Colleges System in reviewing the security standards adopted by those entities.
(2) If the State Chief Information Officer certifies that a State agency has developed security standards that meet or exceed those set under this section, then the agency may elect to be governed by its own security standards, and approval of the State Chief Information Officer shall not be required before the purchase of information technology security. This certification by the State Chief Information Officer is subject to annual renewal and may be revoked by the State Chief Information Officer at any time that a State agency's standards no longer exceed those set under this section.
(e) The State Chief Information Officer shall submit the enterprise-wide set of standards for the State's information technology security to the Information Resources Management Commission for approval. The Information Resources Management Commission shall report approval of the standards to the Joint Legislative Commission on Governmental Operations prior to implementation of the standards. The State Chief Information Officer shall review and revise the standards at least annually, and the revisions shall be subject to approval by the Information Resources Management Commission, with the Commission reporting to the Joint Legislative Commission on Governmental Operations on the revisions.
(f) The head of each State agency shall cooperate with the State Chief Information Officer in the discharge of his or her duties by:
(1) Providing the full details of the agency's information technology and operational requirements.
(2) Providing comprehensive information concerning the information technology security employed to protect the agency's information technology.
(3) Forecasting the parameters of the agency's projected future information technology security needs and capabilities.
(4) Designating an agency liaison in the information technology area to coordinate with the State Chief Information Officer.
The information provided by State agencies to the State Chief Information Officer under this subsection is protected from public disclosure pursuant to G.S. 132-6.1(c)."
SECTION 15.2.(c) G.S. 147‑64.6(c) is amended by adding a new subdivision to read:
"(18) The Auditor shall, after consultation and in coordination with the State Chief Information Officer, assess, confirm, and report on the security practices of information technology systems. If an agency has adopted standards pursuant to G.S. 147-33.82(d)(1) or (2), the audit shall be in accordance with those standards. The Auditor's assessment of information security practices shall include an assessment of network vulnerability. The Auditor may conduct network penetration or any similar procedure as the Auditor may deem necessary. The Auditor may investigate reported information technology security breaches, cyber attacks, and cyber fraud in State government. The Auditor shall issue public reports on the general results of the reviews undertaken pursuant to this subdivision, but may provide agencies with detailed reports of the security issues identified pursuant to this subdivision which shall not be disclosed as provided in G.S. 132-6.1(c). For the purposes of this subdivision only, the Auditor is exempt from the provisions of Article 3 of Chapter 143 of the General Statutes in retaining contractors."
SECTION 15.2.(d) This section is effective when it becomes law.
Requested by: Representatives Tolson, Tucker, Easterling, Oldham, Redwine, Thompson
EXECUTIVE BUDGET ACT INFORMATION TECHNOLOGY PROVISIONS
SECTION 15.3.(a) G.S. 143‑6 is amended by adding a new subsection to read:
"(b2) Any department, bureau, division, officer, board, commission, institution, or other State agency or undertaking desiring to request financial aid from the State for the purpose of acquiring or maintaining information technology as defined by G.S. 147-33.81(2) shall, before making the request for State financial aid, submit to the State Chief Information Officer (CIO) a statement of its needs in terms of information technology and other related requirements, and shall furnish the CIO with any additional information requested by the CIO. The CIO shall then review the statement of needs submitted by the requesting department, bureau, division, officer, board, commission, institution, or other State agency or undertaking and perform additional analysis, as necessary, to comply with G.S. 147-33.82. All requests for financial aid for the purpose of acquiring or maintaining information technology shall be accompanied by a certification from the CIO deeming the request for financial aid to be consistent with Article 3D of Chapter 147 of the General Statutes. The CIO shall make recommendations to the Governor regarding the merits of requests for financial aid for the purpose of acquiring or maintaining information technology. This subsection shall not apply to requests for appropriations of less than one hundred thousand dollars ($100,000)."
SECTION 15.3.(b) G.S. 143‑7 reads as rewritten:
"§ 143‑7. Itemized statements and forms; exemptions from G.S. 147‑ 64.6(c)(10).
(a) The statements and estimates required under G.S. 143‑6 shall be itemized in accordance with the budget classification adopted by the State Controller, and upon forms prescribed by the Director, and shall be approved and certified by the respective heads or responsible officer of each department, bureau, board, commission, institution, or agency submitting same. Official estimate blanks which shall be used in making these reports shall be furnished by the Director of the Budget.
(b) The budget classification adopted by the State Controller and the forms prescribed by the Director shall include budget account codes relating specifically to information technology to allow reliable and meaningful analysis of information technology funding and expenditures throughout State government."
Requested by: Representatives Tolson, Tucker, Easterling, Oldham, Redwine, Thompson
computer networking costs/TELECOMMUNICATIONS SERVICE BILLING for state agencies
SECTION 15.4.(a) The Office of the State Controller, the Office of State Budget and Management, and the Office of Information Technology Services shall adopt a common definition for computer networking costs. The definition shall include a specific and detailed list of the separate components that comprise overall networking costs. These agencies shall define a process to capture all such costs without redundancy.
SECTION 15.4.(b) The Office of the State Controller, the Office of State Budget and Management, and the Office of Information Technology Services shall complete the definition by September 1, 2001. By December 1, 2001, the agencies shall provide an interim report to the Joint Select Committee on Information Technology and to the Chairs of the House of Representatives Appropriations Subcommittee on Information Technology and the Senate Appropriations Committee on Information Technology on the process to capture networking costs, with a final report by May 1, 2002.
SECTION 15.4.(c) The Office of State Personnel, in conjunction with the Office of Information Technology Services, shall devise a mechanism for identifying, by specific industry‑relevant categories, State information technology positions across all relevant classifications in State government employment. By December 1, 2001, the Office of State Personnel shall report its plan to identify State information technology personnel to the Joint Select Committee on Information Technology and to the Chairs of the House of Representatives Appropriations Subcommittee on Information Technology and the Senate Appropriations Committee on Information Technology.
SECTION 15.4.(d) The Office of Information Technology Services shall accurately identify and present State agencies with detailed information on the cost of ITS Services for telecommunications data and video services. The bill should clearly indicate the usage and the rate for the service.
Requested by: Representatives Tolson, Tucker, Easterling, Oldham, Redwine, Thompson
STUDY STATE AGENCY USE OF CONTRACTORS FOR INFORMATION TECHNOLOGY
SECTION 15.5.(a) The Office of State Personnel, the Office of Information Technology Services, the Office of State Budget and Management, and the Office of the State Controller shall study the issue of State‑agency use of information technology contractors. The study shall report on the number of contractors currently in use by State agencies, the duration of the working period for individual contractors, and the length of the contracts. The purpose of the contracts should be clearly identified. The unit and actual costs of the contracts should be clearly identified.
SECTION 15.5.(b) The Office of State Personnel shall identify the results of market analyses comparing State information technology workers with private sector information technology workers. The Office shall review its current classification scheme for IT workers to determine its adequacy for capturing the range of IT activities within State government.
SECTION 15.5.(c) The study report should recommend the most appropriate use of contractors (i.e., for discrete projects) and the most appropriate use of permanent employee (i.e., for ongoing activities such as LAN/WAN management.) In cases where the study indicates that permanent employees are best suited for a given task or activity, the Office of State Personnel is directed to identify effective mechanisms for recruiting and retaining employees.
SECTION 15.5.(d) By April 1, 2002, the study group shall report its findings and recommendations to the Joint Legislative Commission on Governmental Operations and to the Joint Select Committee on Information Technology.
SECTION 15.5.(e) The study shall also compare the costs of outsourcing discrete functions and activities versus performing those activities with State government employees or contractors working for State agencies.
SECTION 15.5.(f) G.S. 143-23 is amended by adding a new subsection to read:
"(a5) Notwithstanding any other provision of this section, a department, institution, or other spending agency of the State may, with the approval of the Director of the Budget, increase the amount of funds available for salaries, wages, and related expenses in connection with the hiring and retention of State employees to work in information technology positions, provided that there is a corresponding reduction in recurring funds, at a minimum, in the expenditures line item for purchased contractual services related to information technology. Departments and entities of State government shall employ the mechanism provided for in this section exclusively to maximize cost savings to the State for information technology services."
Requested by: Representatives Tolson, Tucker, Easterling, Oldham, Redwine, Thompson
SECTION 15.6.(a) Section 20.3 of S.L. 1998‑212, Section 24 of S.L. 1999‑237, and Section 21.3 of S.L. 2000‑67 are repealed.
SECTION 15.6.(b) G.S. 143‑49 is amended by adding a new subdivision to read:
"(8) To establish and maintain a procurement card program for use by State agencies, community colleges, constituent institutions of The University of North Carolina, and local school administrative units. The Secretary may adopt temporary rules for the implementation and operation of the program in accordance with the payment policies of the State Controller and the Office of Information Technology Services. Prior to implementing the program, the Secretary shall consult with the State Controller, UNC General Administration, the Community Colleges System Office, and the Department of Public Instruction. When the statewide electronic procurement service is made available for goods and contractual services, all orders made pursuant to this subdivision exceeding two hundred fifty dollars ($250.00) shall be issued electronically through the statewide electronic procurement service. The Secretary may periodically adjust the order limit set under this subdivision after consulting with the State Controller and the Office of Information Technology Services."
SECTION 15.6.(c) This section is effective when it becomes law.
Requested by: Representatives Tolson, Tucker, Easterling, Oldham, Redwine, Thompson
NORTH CAROLINA INFORMATION HIGHWAY SITES
Requested by: Representatives Tolson, Tucker
REDUCTION IN EXPENDITURES BASED ON ITS RATE REDUCTIONS
SECTION 15.8. The Office of State Budget and Management shall administer reductions in the Telephone (532811), Telecommunications Data (532812), and Computer Data Processing (532821) expenditure accounts in an amount equal to four million dollars ($4,000,000) of General Fund appropriations through the allotment system established in G.S. 143‑17. The reductions in expenditures shall be based on a percentage reduction in the rates for telephone/telecommunications and computer data processing services provided by the Office of Information Technology Services.
part XVI. housing finance agency
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
SECTION 16.1.(a) Funds appropriated in this act to the Housing Finance Agency for the federal HOME Program shall be used to match federal funds appropriated for the HOME Program. In allocating State funds appropriated to match federal HOME Program funds, the Agency shall give priority to HOME Program projects, as follows:
(1) First priority to projects that are located in counties designated as Tier One, Tier Two, or Tier Three Enterprise Counties under G.S. 105‑129.3; and
(2) Second priority to projects that benefit persons and families whose incomes are fifty percent (50%) or less of the median family income for the local area, with adjustments for family size, according to the latest figures available from the United States Department of Housing and Urban Development.
The Housing Finance Agency shall report to the Joint Legislative Commission on Governmental Operations by April 1 of each year concerning the status of the HOME Program and shall include in the report information on priorities met, types of activities funded, and types of activities not funded.
SECTION 16.1.(b) If the United States Congress changes the HOME Program such that matching funds are not required for a given program year, then the Agency shall not spend the matching funds appropriated under this act for that program year.
SECTION 16.1.(c) Funds appropriated in this act to match federal HOME Program funds shall not revert to the General Fund on June 30, 2002, or on June 30, 2003.
part XVII. department of agriculture and consumer services
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
AUTHORIZE PROMOTION OF NC FARM PRODUCTS AT REST AREAS AND WELCOME CENTERS
SECTION 17.1. Article 6D of Chapter 136 of the General Statutes is amended by adding a new section to read:
"§ 136-89.59A. Promotion of North Carolina farm products at rest areas and welcome centers.
Subject to the approval of the Department, the Department of Agriculture and Consumer Services may distribute promotional materials and free samples of North Carolina farm products at rest areas and welcome centers located on controlled-access facilities and operated by the State for the purpose of promoting North Carolina farm products."
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
TRANSFER RURAL REHABILITATION CORPORATION TO AGRICULTURAL FINANCE AUTHORITY
SECTION 17.2.(a) G.S. 143A‑63 reads as rewritten:
"§ 143A‑63. North Carolina Rural Rehabilitation Corporation; transfer.
The North Carolina Rural
Rehabilitation Corporation, and board of directors, as contained in Chapter 137
of the General Statutes and the laws of this State, is hereby transferred
by a Type II Type I transfer to the North Carolina Agricultural
Finance Authority in the Department of Agriculture and Consumer Services."
SECTION 17.2.(b) Article 2 of Chapter 137 of the General Statutes is repealed.
SECTION 17.2.(c) No later than January 15, 2002, the North Carolina Agricultural Finance Authority shall report to the Joint Legislative Commission on Governmental Operations, the Appropriations Subcommittees on Natural and Economic Resources in both the Senate and the House of Representatives, and the Fiscal Research Division on the status of the transfer required under this section. This report shall include any statutory changes that are needed to implement the transfer required under this section.
Requested by: Representatives Fox, Owens, Mitchell, Easterling, Oldham, Redwine, Thompson
SECTION 17.3. The sum of two hundred fifty thousand dollars ($250,000) appropriated in this act to the Department of Agriculture and Consumer Services for the North Carolina Farmland Preservation Trust Fund established in G.S. 106‑744 shall be used to continue the purposes for which the Fund was established.
PART XVIII. department of labor
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
LABOR DEPARTMENT/ ELEVATOR INSPECTION FEE RECEIPTS
SECTION 18.1.(a) Of the receipts appropriated by this act to the Department of Labor, the Department shall allocate increased elevator and amusement device inspection fee receipts for the 2001‑2002 fiscal year and the 2002‑2003 fiscal year to support the Elevator and Amusement Device Bureau. There shall be a reduction of at least two hundred sixty‑two thousand two hundred sixty‑one dollars ($262,261) in General Fund appropriations to the Department for the 2001‑2002 fiscal year and a reduction of at least nine hundred sixty‑eight thousand eight hundred twenty‑three dollars ($968,823) for the 2002‑2003 fiscal year.
(1) One hundred fifty‑five thousand thirty‑nine dollars ($155,039) recurring reductions in operating efficiencies, specifically in the areas of equipment, software, library resources, and overtime pay.
(2) Ninety‑three thousand nine hundred‑sixty‑one dollars ($93,961) recurring reduction to offset the budgeting of indirect cost receipts.
part XIX. department of environment and natural resources
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
STATEWIDE BEAVER DAMAGE CONTROL PROGRAM FUNDS
SECTION 19.1. Of the funds appropriated in this act to the Wildlife Resources Commission, the sum of five hundred thousand dollars ($500,000) for the 2001‑2002 fiscal year and the sum of five hundred thousand dollars ($500,000) for the 2002‑2003 fiscal year shall be used to provide the State share necessary to support the beaver damage control program established in G.S. 113‑291.10, provided the sum of at least twenty‑five thousand dollars ($25,000) in federal funds is available each fiscal year of the biennium to provide the federal share.
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
SECTION 19.2. Of the funds appropriated in this act to the Department of Environment and Natural Resources for the Grassroots Science Program, the sum of three million two hundred four thousand five hundred twenty dollars ($3,204,520) for fiscal year 2001‑2002 and the sum of three million two hundred four thousand five hundred twenty dollars ($3,204,520) for fiscal year 2002‑2003 are allocated as grants‑in‑aid for each fiscal year as follows:
2001‑2002 2002‑2003
Aurora Fossil Museum $58,298 $58,298
Cape Fear Museum $201,103 $201,103
Catawba Science Center $161,968 $161,968
Colburn Gem and Mineral Museum, Inc. $70,274 $70,274
Discovery Place $667,632 $667,632
Granville County Museum Commission,
Inc. ‑ Harris Gallery $60,978 $60,978
The Health Adventure Museum of Pack
Place Education, Arts and
Science Center, Inc. $151,963 $151,963
Imagination Station $92,584 $92,584
Iredell County Children's Museum $57,927 $57,927
Museum of Coastal Carolina $63,437 $63,437
Natural Science Center of Greensboro $240,852 $240,852
North Carolina Museum of Life
and Science $426,141 $426,141
Rocky Mount Children's Museum $86,921 $86,921
Schiele Museum of Natural History $333,578 $333,578
Sci Works Science Center and
Environmental Park of Forsyth County $172,528 $172,528
Western North Carolina Nature Center $158,336 $158,336
Highlands Biological Station $50,000 $50,000
Carolina Raptor Center $50,000 $50,000
Fascinate‑U $50,000 $50,000
Wilmington Children's Museum $50,000 $50,000
Total $3,204,520 $3,204,520
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
TERMS FOR MEMBERS OF THE NORTH CAROLINA PARKS AND RECREATION AUTHORITY
SECTION 19.3.(a) G.S. 143B‑313.2(b) reads as rewritten:
"(b) Terms. – Members
shall serve two-year termsstaggered terms of office of three years.
Members shall serve no more than two full two-year termsconsecutive
three-year terms. After serving two consecutive three-year terms, a member is
not eligible for appointment to the Authority for at least one year after the
expiration date of that member's most recent term. Upon the expiration of a
two-year three-year term, a member may continue to serve until a
successor is appointed and duly qualified as provided by G.S. 128‑7. The
term of members appointed under odd-numbered subdivisions of subsection (a) of
this section shall expire on 30 June of odd-numbered years. The term of members
appointed under even-numbered subdivisions of subsection (a) of this section
shall expire on 30 June of even-numbered years.The terms of members
appointed under subdivision (1), (5), (7), or (9) of subsection (a) of this
section shall expire on July 1 of years that are evenly divisible by three. The
terms of members appointed under subdivision (2), (4), (8), or (11) of
subsection (a) of this section shall expire on July 1 of years that follow by
one year those years that are evenly divisible by three. The terms of members
appointed under subdivision (3), (6), or (10) of subsection (a) of this section
shall expire on July 1 of years that precede by one year those years that are evenly
divisible by three."
SECTION 19.3.(b) In order to alter the length of the staggered terms from two years to three years for the North Carolina Parks and Recreation Authority and to provide for an orderly transition in membership of the Authority as specified in G.S. 143B‑313.2, as amended by subsection (a) of this section, notwithstanding G.S. 143B‑313.2(b), as amended by subsection (a) of this section, the following apply:
(1) John D. Runkle shall serve in the position established by G.S. 143B‑313.2(a)(1) until July 1, 2001.
(2) Wendell Begley shall serve in the position established by G.S. 143B‑313.2(a)(2) until July 1, 2002.
(3) Jonathon B. Howes shall serve in the position established by G.S. 143B‑313.2(a)(3) until July 1, 2003.
(4) Ron Kincaid shall serve in the position established by G.S. 143B‑313.2(a)(4) until July 1, 2002.
(5) Russell Robinson III shall serve in the position established by G.S. 143B‑313.2(a)(5) until July 1, 2001.
(6) Roy Alexander shall serve in the position established by G.S. 143B‑313.2(a)(6) until July 1, 2003.
(7) Kenneth Sadler shall serve in the position established by G.S. 143B‑313.2(a)(7) until July 1, 2001.
(8) Leslie Anderson shall serve in the position established by G.S. 143B‑313.2(a)(8) until July 1, 2002.
(9) Troy Boyd shall serve in the position established by G.S. 143B‑313.2(a)(9) until July 1, 2001.
(10) Harriet L. Farrior shall serve in the position established by G.S. 143B‑313.2(a)(10) until July 1, 2003.
(11) Eddie Holbrook shall serve in the position established by G.S. 143B‑313.2(a)(11) until July 1, 2002.
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
RECEIPTS FOR NC ZOOLOGICAL PARK ADMISSION FEE INCREASE TO BE USED FOR MARKETING PURPOSES
SECTION 19.4. Subject to the approval of the Secretary of Environment and Natural Resources, up to four hundred thousand dollars ($400,000) of the receipts from the increase in admission fees to the North Carolina Zoological Park for the 2001‑2002 fiscal year and up to four hundred thousand dollars ($400,000) of those receipts for the 2002‑2003 fiscal year may be used for marketing activities related to promoting the North Carolina Zoological Park.
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
NORTH CAROLINA WATER QUALITY WORKGROUP INITIATIVE/RIVERNET MONITORING SYSTEM PILOT PROGRAM/RESEARCH FUNDS
SECTION 19.5. Article 21 of Chapter 143 of the General Statutes is amended by adding a new section to read:
"§ 143-215.8D. North Carolina Water Quality Workgroup; Rivernet.
(a) The Department of Environment and Natural Resources and North Carolina State University shall jointly establish the North Carolina Water Quality Workgroup. The Workgroup shall work collaboratively with the appropriate divisions of the Department of Environment and Natural Resources and North Carolina State University, the Scientific Advisory Council on Water Resources and Coastal Fisheries Management, the Environmental Management Commission, and the Environmental Review Commission to identify the scientific and State agency databases that can be used to formulate public policy regarding the State's water quality, evaluate those databases to determine the information gaps in those databases, and establish the priorities for obtaining the information lacking in those databases. The Workgroup shall have the following duties:
(1) To address specifically the ongoing need of evaluation, synthesis, and presentation of current scientific knowledge that can be used to formulate public policy on water quality issues.
(2) To identify knowledge gaps in the current understanding of water quality problems and fill these gaps with appropriate research projects.
(3) To maintain a web-based water quality data distribution site.
(4) To organize and evaluate existing scientific and State agency water quality databases.
(5) To prioritize recognized knowledge gaps in water quality issues for immediate funding.
(b) The North Carolina Water Quality Workgroup shall be composed of no more than 15 members. Those members shall be jointly appointed by the Chancellor of North Carolina State University and the Secretary of Environment and Natural Resources. Any person appointed as a member of the Workgroup shall be knowledgeable in one of the following areas:
(1) Water Quality Assessment, Water Quality Monitoring, and Water Quality Permitting.
(2) Nutrient Management.
(3) Water Pollution Control.
(4) Waste Management.
(5) Groundwater Resources.
(6) Stream Hydrology.
(7) Aquatic Biology.
(8) Environmental Education and Web-Based Data Dissemination.
(c) North Carolina State University shall provide meeting facilities for the North Carolina Water Quality Workgroup as requested by the Chair.
(d) The members of the North Carolina Water Quality Workgroup shall elect a Chair. The Chair shall call meetings of the Workgroup and set the meeting agenda.
(e) The Chair of the North Carolina Water Quality Workgroup shall report each year by January 30 to the Scientific Advisory Council on Water Resources and Coastal Fisheries Management, to the Environmental Review Commission, to the Cochairs of the House of Representatives and Senate Appropriations Subcommittees on Natural and Economic Resources, and to the Chancellor of North Carolina State University or the Chancellor's designee on the previous year's activities, findings, and recommendations of the North Carolina Water Quality Workgroup.
(f) The North Carolina Water Quality Workgroup shall develop a water quality monitoring system to be known as Rivernet that effectively uses the combined resources of North Carolina State University and State agencies. The Rivernet system shall be designed to implement advances in monitoring technology and information management systems with web-based data dissemination in the waters that are impaired based on the criteria of the State's basinwide water quality management plans. Water quality and nutrient parameters shall be continuously monitored at each station, and the data shall be sent back to a centralized computer server.
The Rivernet system shall be coordinated with related data collection and monitoring activities of the Department of Environment and Natural Resources, the Water Resources Research Institute, the North Carolina Water Quality Workgroup, and other research efforts pursued by academic institutions or State government entities. If the North Carolina Water Quality Workgroup chooses to employ a technology for which there are testing procedure guidelines promulgated by the United States Environmental Protection Agency, the American Public Health Association, the American Water Works Association, or the Water Environment Federation then the testing procedures shall comply with the appropriate guidelines. If the North Carolina Water Quality Workgroup chooses to employ a technology for which there are no testing procedure guidelines promulgated by any of the groups cited in this subsection, then the North Carolina Water Quality Workgroup may establish testing procedure guidelines.
The Rivernet system shall also have the capabilities to trigger alarms and notify the appropriate member of the Workgroup when monitoring stations exceed defined limits indicating a spill or a significant water quality or nutrient measurement event, which then can be comprehensively analyzed."
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
CONTINUE ONE‑STOP PERMIT ASSISTANCE PILOT PROGRAM
SECTION 19.6.(a) The Department of Environment and Natural Resources shall continue the one‑stop environmental permit application assistance and tracking system pilot project established under Section 13.7 of S.L. 2000‑67 during the 2001‑2003 fiscal biennium. It is the intent of the General Assembly that the Department of Environment and Natural Resources expand this pilot program to a statewide program effective in all of the Department's regional offices if the resources are available to do so during the 2001‑2003 fiscal biennium. The provisions of Section 13.7(a) through (d) of S.L. 2000‑67 apply to the pilot program under this section.
SECTION 19.6.(b) The Department of Environment and Natural Resources shall report to the Appropriations Subcommittees on Natural and Economic Resources in both the Senate and the House of Representatives, the Fiscal Research Division, and the Environmental Review Commission no later than April 1, 2002, and again no later than April 1, 2003, regarding the results of the pilot project continued under this section. This report shall include the number of environmental permits in the pilot project that took more than 90 days to issue or deny; the types of permits those were; the reasons for the extended processing time of those permits; how the time within which the permit was actually issued or denied compared with the projected time frame provided to the applicant by the Department; based on the data gathered in the pilot project, any recommendations regarding what the permit time frames should be for all major permits issued by the Department; and to what extent, if any, the program has been expanded to a statewide program under this section.
SECTION 19.6.(c) The Department of Environment and Natural Resources may adopt temporary rules to implement this section.
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
DIVISION OF RADIATION PROTECTION SELF‑SUFFICIENCY PLAN
SECTION 19.7. The Department of Environment and Natural Resources shall develop a plan to make the Division of Radiation Protection of the Department of Environment and Natural Resources self‑supporting within two years. The Department of Environment and Natural Resources shall report the details of this plan to the Appropriations Subcommittees on Natural and Economic Resources in both the Senate and the House of Representatives no later than January 15, 2002.
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
DENR TO STUDY FEASIBILITY OF TRANSFERRING SEDIMENTATION PROGRAM TO LOCAL GOVERNMENTS
SECTION 19.8. The Department of Environment and Natural Resources shall study the feasibility of transferring the program within the Department of Environment and Natural Resources under the Sedimentation Pollution Control Act of 1973, Article 4 of Chapter 113A of the General Statutes, to local governments. The Department of Environment and Natural Resources shall consider the economic impact that the proposed transfer would have on local governments, any savings that would be generated for the State by the proposed transfer, and any statutory changes that would be needed to implement such a transfer. The Department of Environment and Natural Resources shall report its findings and recommendations, including legislative proposals, to the Appropriations Subcommittees on Natural and Economic Resources in both the Senate and the House of Representatives no later than April 1, 2002.
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
SUBMERGED LANDS PROGRAM/SECRETARY DESIGNATE PROGRAM MANAGER
SECTION 19.9. The Secretary of Environment and Natural Resources shall designate from existing staff within the Department of Environment and Natural Resources a staff position to be responsible for managing the Submerged Lands Program. By August 1, 2001, the Secretary shall report to both the Senate and House of Representatives Cochairs of the Appropriations Subcommittees on Natural and Economic Resources what position will manage the Program.
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
DENR RECLASSIFICATION OF SENIOR FIELD OFFICER POSITIONS REPORT
SECTION 19.10. The Department of Environment and Natural Resources shall report to the Senate and House of Representatives Cochairs of the full Appropriations Committee, and to the Senate and House of Representatives Cochairs of the Natural and Economic Resources Appropriations Subcommittees by October 1, 2001, on the Department’s reclassification of its regional office managers as directed by Section 26.12 of S.L. 1995‑324. The report shall include the following: the location and title of the four remaining positions, a description of the duties and responsibilities assigned to each position, a description of the day‑to‑day activities of each of the positions, an explanation of the purposes each of the positions serve, an explanation of how the positions benefit the Department, and a description of the role that the positions play in each of the respective communities and regions in which the positions are located.
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
DENR STUDY OF ENVIRONMENTAL PERMITTING PROCESS
SECTION 19.11.(a) The Department of Environment and Natural Resources shall study the State Water Quality Certification (Section 401 of the Clean Water Act, 33 U.S.C. § 1341) and National Pollutant Discharge Elimination System (NPDES) wastewater discharge permitting processes in the Division of Water Quality, the Coastal Area Management Act (CAMA) permitting process in the Division of Coastal Management, and the sedimentation and erosion control plan approval process in the Division of Land Resources. The study shall at a minimum include the following:
(1) A description of how the permitting and approval process currently works.
(2) The number and types of permits and plan approvals issued by each of these Divisions.
(3) The time frame within which each of the types of permits or plan approvals is issued.
(4) The adequacy of existing staff levels to complete the issuance of permits and plan approvals in a timely manner.
(5) Whether duplication in the permitting and plan approval process exists between the regional office and the central office staff.
(6) Efficiencies to be gained from delegation of authority to regional offices.
(7) Efficiencies to be gained from issuing more general permits.
(8) The amount of revenue generated by the permits and retained as departmental receipts.
(9) Any other information or issue deemed relevant by the Fiscal Research Division to provide an accurate analysis of the issues.
SECTION 19.11.(b) In conducting this study, the Department shall record its tracking of the permits and plan approvals and the statistical data regarding those in a format that is easily accessible and usable for fiscal analysis by the Fiscal Research Division.
SECTION 19.11.(c) The Department shall make a report with its findings and recommendations to the Senate and House of Representatives Cochairs of the full Appropriations Committee and to the Senate and House of Representatives Cochairs of the Natural and Economic Resources Appropriations Subcommittees on ways to improve, expedite, or simplify the permitting process no later than March 10, 2002.
Requested by: Representatives Fox, Owens, Baker, Easterling, Oldham, Redwine, Thompson
REALLOCATE TOWN FORK CREEK FUNDS
"(a) The funds placed in
a reserve account in the Department of Environment, Health, and Natural
Resources pursuant to Section 26.3(c) of Chapter 507 of the 1995 Session Laws
shall not revert until June 30, 2001. 2003. Those funds are
reallocated as follows:
(1) Five hundred four
thousand five hundred sixty forty-one thousand six hundred eighty
dollars ($504,560) ($541,680) to the Stokes County Water and
Sewer Authority, Inc., for the Germanton Water Project.
(2) Nine hundred thirty
thousand six hundred eighty dollars ($930,680) Eight hundred
ninety-three thousand five hundred sixty dollars ($893,560) to the Stokes
County Water and Sewer Authority, Inc., for the Walnut Cove/Industrial Site
Connection Project. Any funds under this subdivision not necessary for this
project are reallocated to the project listed under subdivision (3) of this
subsection upon the written finding of the Stokes County Water and Sewer
Authority, Inc.
(3) Eighty thousand dollars ($80,000) to the Stokes County Water and Sewer Authority, Inc., for the Dan River Project.
(4) Thirty thousand dollars ($30,000) to the Department of Environment, Health, and Natural Resources for the Limestone Creek small watershed project in Duplin County.
(5) Three hundred forty thousand six hundred forty dollars ($340,640) to the Department of Environment, Health, and Natural Resources for the Deep Creek small watershed project in Yadkin County."
SECTION 19.12.(b) This section becomes effective June 30, 2001.
Requested by: Representatives Fox, Owens, Warwick, Easterling, Oldham, Redwine, Thompson
FAIR GEOGRAPHIC REPRESENTATION IN APPOINTMENTS TO THE ENVIRONMENTAL MANAGEMENT COMMISSION
SECTION 19.13.(a) G.S. 143B‑282 is amended by adding a new subsection to read:
"(e) In appointing the members of the Commission, the appointing authorities shall make every effort to ensure fair geographic representation of the Commission."
Requested by: Representatives Fox, Owens
DENR POSITION FOR SCRAP TIRE PROGRAM
SECTION 19.14. Notwithstanding the provisions of G.S. 130A-309.63, the Department of Environment and Natural Resources may use funds in the Scrap Tire Disposal Account that, pursuant to G.S. 130A-309.63(d), are to be used for the cleanup of scrap tire collection sites, to maintain and support a position for the 2001-2002 fiscal year and for the 2002-2003 fiscal year to provide regulatory assistance to local governments to develop programs to prevent scrap tires from outside the State from being presented for free disposal and to complete the cleanup of nuisance tire collection sites.
part XX. department of commerce
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
SECTION 20.1. Funds appropriated in this act to the Department of Commerce for tourism promotion grants shall be allocated according to per capita income, unemployment, and population growth in an effort to direct funds to counties most in need in terms of lowest per capita income, highest unemployment, and slowest population growth, in the following manner:
(1) Counties 1 through 20 are each eligible to receive a maximum grant of seven thousand five hundred dollars ($7,500) for each fiscal year, provided these funds are matched on the basis of one non‑State dollar for every four State dollars.
(2) Counties 21 through 50 are each eligible to receive a maximum grant of three thousand five hundred dollars ($3,500) for two of the next three fiscal years, provided these funds are matched on the basis of one non‑State dollar for every three State dollars.
(3) Counties 51 through 100 are each eligible to receive a maximum grant of three thousand five hundred dollars ($3,500) for alternating fiscal years, beginning with the 1991‑92 fiscal year, provided these funds are matched on the basis of four non‑State dollars for every State dollar.
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
INDUSTRIAL RECRUITMENT COMPETITIVE FUND
SECTION 20.3.(a) Funds appropriated in this act to the Department of Commerce for the Industrial Recruitment Competitive Fund shall be used to continue the Fund. The purpose of the Fund is to provide financial assistance to those businesses or industries deemed by the Governor to be vital to a healthy and growing State economy and that are making significant efforts to establish or expand in North Carolina. Moneys allocated from the Fund shall be used for the following purposes:
(1) Installation or purchase of equipment;
(2) Structural repairs, improvements, or renovations of existing buildings to be used for expansion; and
(3) Construction of or improvements to new or existing water, sewer, gas or electric utility distribution lines, or equipment for existing buildings.
Moneys may also be used for construction of or improvements to new or existing water, sewer, gas or electric utility distribution lines, or equipment to serve new or proposed industrial buildings used for manufacturing and industrial operations. The Governor shall adopt guidelines and procedures for the commitment of moneys from the Fund.
SECTION 20.3.(b) The Department of Commerce shall report on or before October 1, 2001, and quarterly thereafter to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division on the commitment, allocation, and use of funds allocated from the Industrial Recruitment Competitive Fund.
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
ABOLISH CENTER FOR ENTREPRENEURSHIP AND TECHNOLOGY
SECTION 20.4.(a) Effective July 1, 2001, the Center for Entrepreneurship and Technology (hereinafter Center) in the Department of Commerce (hereinafter Department) is abolished.
SECTION 20.4.(b) The Department shall not carryforward any unencumbered State funds for the Center to the 2001‑2002 fiscal year. This subsection becomes effective June 30, 2001.
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
COMMERCE STUDY/ CONSOLIDATE BUSINESS AND INDUSTRY DIVISION REGIONAL OFFICES AND REGIONAL ECONOMIC DEVELOPMENT COMMISSIONS
SECTION 20.5. The Department of Commerce (hereinafter Department) shall study the feasibility of consolidating each of the Business and Industry Division regional offices (hereinafter B&I) with a Regional Economic Development Commission (hereinafter Commission) office. In considering whether consolidation is feasible and would better advance the goals of both the B&I and the Commissions, the Department shall do at least the following:
(1) Evaluate the degree to which existing shared offices in Asheville, Edenton, Greensboro, and Research Triangle Park differ in organization, budget, and performance from the B&I offices in Charlotte, Greenville, and Fayetteville that do not share office space with Commissions.
(2) Evaluate the extent to which B&I staff responsibilities in each B&I office duplicate those performed by the Commission staff in their region regardless of whether the offices are shared or separate.
(3) Evaluate the extent to which existing B&I offices in Lenoir and Bryson City add value cost‑effectively to the service provided by the Asheville office. In particular, the Department shall consider how the same level of service might be provided if the Lenoir and Bryson City offices were eliminated or merged into the Asheville office.
(4) Estimate any costs that would result from closing B&I offices in Charlotte, Greenville, and Fayetteville and consolidating them with Commissions in Charlotte, Kinston, and Elizabethtown, respectively. The Department shall also estimate any costs that would result from closing B&I offices in Lenoir and Bryson City and consolidating them with the Asheville office.
(5) Identify whether the actions described in subdivision (4) of this section would produce any net savings and, if affirmative, identify the sources of the savings. The Department shall document whether all current B&I regional staff would remain essential to program function if the closings and consolidations described in subdivision (4) of this section were carried out.
The Department shall report its findings and recommendations, including any estimates of efficiencies and cost savings that may be produced by consolidating the Charlotte, Greenville, and Fayetteville B&I regional offices with Commissions and consolidating the Lenoir and Bryson City offices with the existing shared office in Asheville, to the House of Representatives and Senate Appropriations Subcommittees on Natural and Economic Resources by January 15, 2002.
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
WORKER TRAINING TRUST FUND APPROPRIATIONS
(1) Two million one hundred sixty‑six thousand forty‑seven dollars ($2,166,047) for the 2001‑2002 fiscal year to the Department of Commerce, Division of Employment and Training, for the Employment and Training Grant Program;
(2) Nine hundred forty‑one thousand seven hundred sixty dollars ($941,760) for the 2001‑2002 fiscal year to the Department of Labor for customized training of the unemployed and the working poor for specific jobs needed by employers through the Department's Bureau for Training Initiatives;
(3) One million six hundred forty‑four thousand three hundred twelve dollars ($1,644,312) for the 2001‑2002 fiscal year to the Community Colleges System Office to continue the Focused Industrial Training Program;
(4) Two hundred eleven thousand eight hundred ninety‑six dollars ($211,896) for the 2001‑2002 fiscal year to the Employment Security Commission for the State Occupational Information Coordinating Committee to develop and operate an interagency system to track former participants in State education and training programs;
(5) Three hundred seventy‑six thousand seven hundred four dollars ($376,704) for the 2001‑2002 fiscal year to the Community Colleges System Office for a training program in entrepreneurial skills to be operated by North Carolina REAL Enterprises;
(6) Fifty‑six thousand five hundred six dollars ($56,506) for the 2001‑2002 fiscal year to the Employment Security Commission to maintain compliance with Chapter 96 of the General Statutes, which directs the Commission to employ the Common Follow‑Up Management Information System to evaluate the effectiveness of the State's job training, education, and placement programs; and
(7) Nine hundred forty‑one thousand seven hundred sixty dollars ($941,760) for the 2001‑2002 fiscal year to the Department of Labor to continue the Apprenticeship Program.
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
SECTION 20.7.(a) The North Carolina Biotechnology Center shall recapture funds spent in support of successful research and development efforts in the for‑profit private sector.
SECTION 20.7.(b) The North Carolina Biotechnology Center shall provide funding for biotechnology, biomedical, and related bioscience applications under its Business and Science Technology Programs.
SECTION 20.7.(c) The North Carolina Biotechnology Center shall:
(1) By January 15, 2002, and more frequently as requested, report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division the following information:
a. State fiscal year 2000‑2001 program activities, objectives, and accomplishments;
b. State fiscal year 2000‑2001 itemized expenditures and fund sources;
c. State fiscal year 2001‑2002 planned activities, objectives, and accomplishments including actual results through December 31, 2001; and
d. State fiscal year 2001‑2002 estimated itemized expenditures and fund sources including actual expenditures and fund sources through December 31, 2001;
(2) By January 15, 2003, and more frequently as requested, report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division the following information:
a. State fiscal year 2001‑2002 program activities, objectives, and accomplishments;
b. State fiscal year 2001‑2002 itemized expenditures and fund sources;
c. State fiscal year 2002‑2003 planned activities, objectives, and accomplishments including actual results through December 31, 2002; and
d. State fiscal year 2002‑2003 estimated itemized expenditures and fund sources including actual expenditures and fund sources through December 31, 2002; and
(3) Provide to the Fiscal Research Division a copy of the organization's annual audited financial statement within 30 days of issuance of the statement.
SECTION 20.7.(d) The North Carolina Biotechnology Center shall provide a report containing detailed budget, personnel, and salary information to the Office of State Budget and Management and to the Fiscal Research Division in the same manner as State departments and agencies in preparation for biennium budget requests.
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
BIOTECHNOLOGY CENTER/TECHNOLOGICAL DEVELOPMENT AUTHORITY, INC., PROFIT SHARING WITH STATE
SECTION 20.8.(a) Prior to receiving any General Fund disbursements for the 2001‑2003 biennium, the North Carolina Biotechnology Center (hereinafter Center) and the North Carolina Technological Development Authority, Inc., (hereinafter Authority) must each enter into a memorandum of understanding with the Attorney General's Office in which they commit to do all of the following:
(1) Work with the Attorney General's Office to craft a legal agreement that specifies the manner in which any profits from investments made with State funds shall be shared with the State.
(2) Negotiate the terms of the legal agreement in good faith.
(3) Submit the proposed legal agreement to the Joint Legislative Commission on Governmental Operations for review by January 15, 2002.
(4) Execute the legal agreement no later than 30 days after it is presented to the Joint Legislative Commission on Governmental Operations.
SECTION 20.8.(b) The Attorney General's Office shall consult with the Fiscal Research Division in crafting the memorandum of understanding and the legal agreement described in subsection (a) of this section.
SECTION 20.8.(c) The Center and the Authority shall submit a copy of the memorandum of understanding to the Fiscal Research Division prior to receiving any General Fund disbursements for the 2001‑2003 biennium and shall submit a copy of the proposed legal agreement to the Division by January 15, 2002.
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
NORTH CAROLINA TECHNOLOGICAL DEVELOPMENT AUTHORITY, INC./yadkin/pee Dee Lakes projects, inc./north carolina real enterprises/world trade center north carolina REPORTING REQUIREMENTS
SECTION 20.9.(a) The North Carolina Technological Development Authority, Inc., (TDA), Yadkin/Pee Dee Lakes Project, Inc., North Carolina REAL Enterprises, and World Trade Center North Carolina shall do the following:
(1) By January 15, 2002, and more frequently as requested, report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division the following information:
a. State fiscal year 2001‑2002 program activities, objectives, and accomplishments;
b. State fiscal year 2001‑2002 itemized expenditures and fund sources;
c. State fiscal year 2002‑2003 planned activities, objectives, and accomplishments including actual results through December 31, 2001; and
d. State fiscal year 2002‑2003 estimated itemized expenditures and fund sources including actual expenditures and fund sources through December 31, 2001.
(2) Provide to the Fiscal Research Division a copy of the organization's annual audited financial statement within 30 days of issuance of the statement.
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
REGIONAL ECONOMIC DEVELOPMENT COMMISSION ALLOCATIONS
SECTION 20.10.(a) Funds appropriated in this act to the Department of Commerce for regional economic development commissions shall be allocated to the following commissions in accordance with subsection (b) of this section: Western North Carolina Regional Economic Development Commission, Research Triangle Regional Commission, Southeastern North Carolina Regional Economic Development Commission, Piedmont Triad Partnership, Northeastern North Carolina Regional Economic Development Commission, Global TransPark Development Commission, and Carolinas Partnership, Inc.
SECTION 20.10.(b) Funds appropriated pursuant to subsection (a) of this section shall be allocated to each regional economic development commission as follows:
(1) First, the Department shall establish each commission's allocation by determining the sum of allocations to each county that is a member of that commission. Each county's allocation shall be determined by dividing the county's enterprise factor by the sum of the enterprise factors for eligible counties and multiplying the resulting percentage by the amount of the appropriation. As used in this subdivision, the term "enterprise factor" means a county's enterprise factor as calculated under G.S. 105‑129.3;
(2) Next, the Department shall subtract from funds allocated to the Global TransPark Development Zone the sum of two hundred four thousand four hundred thirty‑three dollars ($204,433) in each fiscal year, which sum represents the interest earnings in each fiscal year on the estimated balance of seven million five hundred thousand dollars ($7,500,000) appropriated to the Global TransPark Development Zone in Section 6 of Chapter 561 of the 1993 Session Laws; and
(3) Next, the Department shall redistribute the sum of two hundred four thousand four hundred thirty‑three dollars ($204,433) in each fiscal year to the seven regional economic development commissions named in subsection (a) of this section. Each commission's share of this redistribution shall be determined according to the enterprise factor formula set out in subdivision (1) of this subsection. This redistribution shall be in addition to each commission's allocation determined under subdivision (1) of this subsection.
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
SECTION 20.11.(a) Each regional economic development commission receiving a grant‑in‑aid from the Department of Commerce shall:
(1) By January 15, 2002, and more frequently as requested, report to the Joint Legislative Commission on Governmental Operations, the Fiscal Research Division, and the Department of Commerce the following information:
a. State fiscal year 2000‑2001 program activities, objectives, and accomplishments;
b. State fiscal year 2000‑2001 itemized expenditures and fund sources;
c. State fiscal year 2001‑2002 planned activities, objectives, and accomplishments as specified in subdivisions (b)(1) through (b)(6) of this section including actual results through December 31, 2001;
d. State fiscal year 2001‑2002 estimated itemized expenditures and fund sources including actual expenditures and fund sources through December 31, 2001.
(2) By January 15, 2003, and more frequently as requested, report to the Joint Legislative Commission on Governmental Operations, the Fiscal Research Division, and the Department of Commerce the following information:
a. State fiscal year 2001‑2002 program activities, objectives, and accomplishments;
b. State fiscal year 2001‑2002 itemized expenditures and fund sources;
c. State fiscal year 2002‑2003 planned activities, objectives, and accomplishments as specified in subdivisions (b)(1) through (b)(6) of this section including actual results through December 31, 2002;
d. State fiscal year 2002‑2003 estimated itemized expenditures and fund sources including actual expenditures and fund sources through December 31, 2002.
(3) Provide to the Fiscal Research Division and the Department of Commerce a copy of its annual audited financial statement within 30 days of issuance of the statement.
SECTION 20.11.(b) Each regional economic development commission receiving a grant‑in‑aid from the Department of Commerce in each fiscal year of the 2001‑2003 biennium shall by January 15 of each fiscal year report to the Department of Commerce the following information for the most recently completed fiscal year:
(1) The number of and description of marketing outreach events including trade shows, recruitment missions, and related activities;
(2) The number of jobs saved;
(3) The amount of investment and number of jobs created by the direct efforts of a commission;
(4) Initiatives undertaken to establish certified sites and shell buildings;
(5) The number of referrals or leads handled that were generated by the Department of Commerce;
(6) The number and listing of available sites and buildings within the region served by a commission;
(7) A listing of major accomplishments.
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
SECTION 20.12.(a) Of the funds appropriated in this act to the Department of Commerce, nine hundred thirty‑five thousand dollars ($935,000) for the 2001‑2002 fiscal year and nine hundred thirty‑five thousand dollars ($935,000) for the 2002‑2003 fiscal year shall only be used as provided by this section. Each regional council of government or lead regional organization is allocated up to fifty‑five thousand dollars ($55,000) for each fiscal year, with the actual amount calculated as provided in subsection (b) of this section.
SECTION 20.12.(b) The funds shall be allocated as follows: A share of the maximum fifty‑five thousand dollars ($55,000) each fiscal year shall be allocated to each county and smaller city, based on the most recent annual estimate of the Office of State Planning of the population of that county (less the population of any larger city within that county) or smaller city, divided by the sum of the total population of the region (less the population of larger cities within that region) and the total population of the region living in smaller cities. Those funds shall be paid to the regional council of government for the region in which that city or county is located upon receipt by the Department of Commerce of a resolution of the governing board of the county or city requesting release of the funds. If any city or county does not so request payment of funds by June 30 of a State fiscal year, that share of the allocation for that fiscal year shall revert to the General Fund.
SECTION 20.12.(c) A regional council of government may use funds appropriated by this section only to assist local governments in grant applications, economic development, community development, support of local industrial development activities, and other activities as deemed appropriate by the member governments.
SECTION 20.12.(d) Funds appropriated by this section shall not be used for payment of dues or assessments by the member governments and shall not supplant funds appropriated by the member governments.
SECTION 20.12.(e) As used in this section, "Larger City" means an incorporated city with a population of 50,000 or over. "Smaller City" means any other incorporated city.
SECTION 20.12.(f) Each council of government or lead regional organization shall do the following:
(1) By January 15, 2002, and more frequently as requested, report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division the following information:
a. State fiscal year 2000‑2001 program activities, objectives, and accomplishments;
b. State fiscal year 2000‑2001 itemized expenditures and fund sources;
c. State fiscal year 2001‑2002 planned activities, objectives, and accomplishments, including actual results through December 31, 2001; and
d. State fiscal year 2001‑2002 estimated itemized expenditures and fund sources, including actual expenditures and fund sources through December 31, 2001;
(2) By January 15, 2003, and more frequently as requested, report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division the following information:
a. State fiscal year 2001‑2002 program activities, objectives, and accomplishments;
b. State fiscal year 2001‑2002 itemized expenditures and fund sources;
c. State fiscal year 2002‑2003 planned activities, objectives, and accomplishments, including actual results through December 31, 2002; and
d. State fiscal year 2002‑2003 estimated itemized expenditures and fund sources, including actual expenditures and fund sources through December 31, 2002; and
(3) Provide to the Fiscal Research Division a copy of the organization's annual audited financial statement within 30 days of issuance of the statement.
Requested by: Representative Redwine
INDUSTRIAL RECRUITMENT COMPETITIVE FUND
SECTION 20.12A. The appropriation in Section 2.1 of this act to the Department of Commerce for the Industrial Recruitment Competitive Fund is increased for the 2001-2002 fiscal year by the sum of twenty-five thousand dollars ($25,000) in non-recurring funds, and the appropriation in Section 2.1 of this act to the Department of Commerce for the advertising line item in the Marketing Division is decreased for the 2001-2002 fiscal year by a like amount in recurring funds for that fiscal year only.
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
GLOBAL TRANSPARK DEVELOPMENT COMMISSION MEMBERSHIP CHANGES
SECTION 20.13.(a) G.S. 158‑35(a) reads as rewritten:
"(a) Commission Membership. – The governing body of the Zone is the Global TransPark Development Commission. The members of the Commission must be residents of the Zone and shall be appointed as follows:
(1) The board of commissioners of each county participating in the Zone shall appoint three voting members, one of whom shall be a minority person as defined in G.S. 143‑128(f)(2) and one of whom may be a member of the board of commissioners.
(2) The Authority Commission
shall appoint at least three but no more than seven voting members. By the
appointment of these members, the Authority Commission shall
ensure that the voting membership of the Commission includes at least seven
women and seven members of a racial minority described in G.S. 143‑128(f)(2).
The Authority Commission shall appoint the fewest number of
members necessary to achieve these minimums.
(3) Four nonvoting members shall be appointed as follows:
a. One appointed by the Chancellor of East Carolina University to represent the University.
b. One appointed by a majority vote of the presidents of the community colleges located in the Zone, to represent the community colleges.
c. One appointed by the chair of the State Ports Authority, to represent the sea ports of the State.
d. One member of the board of directors of the Global TransPark Foundation, Inc., appointed by that board."
SECTION 20.13.(b) G.S. 158‑35(c) reads as rewritten:
"(c) Removal; Vacancies. – A member of the Commission may be removed with or without cause by the appointing body. In addition, a majority of the Commission members may, by majority vote, remove a member of the Commission if that member does not attend at least three-quarters of the regularly scheduled meetings of the Commission during any consecutive 12-month period of service of that member on the Commission, except that absences excused by the Commission due to serious medical or family circumstances shall not be considered. If the Commission votes to remove a member under this subsection, the vacancy shall be filled in the same manner as the original appointment. Appointments to fill vacancies shall be made for the remainder of the unexpired term by the respective appointing authority. All members shall serve until their successors are appointed and qualified, unless removed from office."
Requested by: Representatives Fox, Owens, Hunter, Easterling, Oldham, Redwine, Thompson
NONPROFIT REPORTING REQUIREMENTS
SECTION 20.14.(a) The N.C. Institute for Minority Economic Development, Inc., Land Loss Prevention Project, North Carolina Coalition of Farm and Rural Families, Inc., North Carolina Minority Support Center, North Carolina Community Development Initiative, Inc., North Carolina Association of Community Development Corporations, Inc., and Partnership for the Sounds, Inc., shall do the following:
(1) By January 15, 2002, and more frequently as requested, report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division the following information:
a. State fiscal year 2000‑2001 program activities, objectives, and accomplishments;
b. State fiscal year 2000‑2001 itemized expenditures and fund sources;
c. State fiscal year 2001‑2002 planned activities, objectives, and accomplishments including actual results through December 31, 2001; and
d. State fiscal year 2001‑2002 estimated itemized expenditures and fund sources including actual expenditures and fund sources through December 31, 2001;
(2) By January 15, 2003, and more frequently as requested, report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division the following information:
a. State fiscal year 2001‑2002 program activities, objectives, and accomplishments;
b. State fiscal year 2001‑2002 itemized expenditures and fund sources;
c. State fiscal year 2002‑2003 planned activities, objectives, and accomplishments including actual results through December 31, 2002; and
d. State fiscal year 2002‑2003 estimated itemized expenditures and fund sources including actual expenditures and fund sources through December 31, 2002; and
(3) Provide to the Fiscal Research Division a copy of the organization's annual audited financial statement within 30 days of issuance of the statement.
SECTION 20.14.(b) No funds appropriated under this act shall be released to a nonprofit organization listed in subsection (a) of this section until the organization has satisfied the reporting requirement for January 15, 2001. Fourth quarter allotments shall not be released to any nonprofit organization that does not satisfy the reporting requirements for January 15, 2002, or January 15, 2003.
Requested by: Representatives Fox, Owens, Hunter, Easterling, Oldham, Redwine, Thompson
RURAL ECONOMIC DEVELOPMENT CENTER
SECTION 20.15.(a) Of the funds appropriated in this act to the Rural Economic Development Center, Inc., the sum of one million eight hundred eighteen thousand four hundred seventy‑one dollars ($1,818,471) for the 2001‑2002 fiscal year and the sum of one million eight hundred eighteen thousand four hundred seventy‑one dollars ($1,818,471) for the 2002‑2003 fiscal year shall be allocated as follows:
2001‑2002 FY 2002‑2003 FY
Research and Demonstration Grants $444,000 $444,000
Technical Assistance and Center
Administration of Research
and Demonstration Grants 444,471 444,471
Center Administration, Oversight,
and Other Programs 455,000 455,000
Administration of Clean Water/
Natural Gas Critical Needs
Bond Act of 1998 199,722 199,722
Additional Administration of Supplemental
Funding Program 138,278 138,278
Administration of Capacity Building
Assistance Program (1998 Bond Act) 137,000 137,000.
SECTION 20.15.(b) The Rural Economic Development Center, Inc., shall provide a report containing detailed budget, personnel, and salary information to the Office of State Budget and Management in the same manner as State departments and agencies in preparation for biennium budget requests.
SECTION 20.15.(c) Not more than fifty percent (50%) of the interest earned on State funds appropriated to the Rural Economic Development Center, Inc., may be used by the Center for administrative purposes, including salaries and fringe benefits.
SECTION 20.15.(d) For purposes of this section, the term "community development corporation" means a nonprofit corporation:
(1) Chartered pursuant to Chapter 55A of the General Statutes;
(2) Tax‑exempt pursuant to section 501(c)(3) of the Internal Revenue Code of 1986;
(3) Whose primary mission is to develop and improve low‑income communities and neighborhoods through economic and related development;
(4) Whose activities and decisions are initiated, managed, and controlled by the constituents of those local communities; and
(5) Whose primary function is to act as deal‑maker and packager of projects and activities that will increase their constituencies' opportunities to become owners, managers, and producers of small businesses, affordable housing, and jobs designed to produce positive cash flow and curb blight in the targeted community.
SECTION 20.15.(e) Of the funds appropriated in this act to the Rural Economic Development Center, Inc., the sum of three million two hundred fifty‑two thousand dollars ($3,252,000) for the 2001‑2002 fiscal year and the sum of three million two hundred fifty‑two thousand dollars ($3,252,000) for the 2002‑2003 fiscal year shall be allocated as follows:
(1) $1,124,000 in each fiscal year for community development grants to support development projects and activities within the State's minority communities. Any community development corporation as defined in this section is eligible to apply for funds. The Rural Economic Development Center, Inc., shall establish performance‑based criteria for determining which community development corporation will receive a grant and the grant amount. The Rural Economic Development Center, Inc., shall allocate these funds as follows:
a. $837,720 in each fiscal year for direct grants to the local community development corporations that have previously received State funds for this purpose to support operations and project activities;
b. $236,280 in each fiscal year for direct grants to local community development corporations that have not previously received State funds; and
c. $50,000 in each fiscal year to the Rural Economic Development Center, Inc., to be used to cover expenses in administering this section.
(2) $234,000 in each fiscal year to the Microenterprise Loan Program to support the loan fund and operations of the Program; and
(3) $1,644,000 in each fiscal year shall be used for a program to provide supplemental funding for matching requirements for projects and activities authorized under this subdivision. The Center shall allocate these funds as follows:
a. $1,244,000 in each fiscal year to make grants to local governments and nonprofit corporations to provide funds necessary to match federal grants or other grants for:
1. Necessary economic development projects and activities in economically distressed areas;
2. Necessary water and sewer projects and activities in economically distressed communities to address health or environmental quality problems except that funds shall not be expended for the repair or replacement of low‑pressure pipe wastewater systems. If a grant is awarded under this sub‑subdivision, then the grant shall be matched on a dollar‑ for‑dollar basis in the amount of the grant awarded; or
3. Projects that demonstrate alternative water and waste management processes for local governments. Special consideration should be given to cost‑effectiveness, efficacy, management efficiency, and the ability of the demonstration project to be replicated.
b. $400,000 in each fiscal year to make grants to local governments and nonprofit corporations to provide funds necessary to match federal grants or other grants related to water, sewer, or business development projects.
(4) $250,000 in each fiscal year for the Agricultural Advancement Consortium. These funds shall be placed in a reserve and allocated as follows:
a. $75,000 in each fiscal year for operating expenses associated with the Consortium; and
b. $175,000 in each fiscal year for research initiatives funded by the Consortium.
The Consortium shall facilitate discussions among interested parties and shall develop recommendations to improve the State's economic development through farming and agricultural interests.
The grant recipients in this subsection shall be selected on the basis of need.
SECTION 20.15.(f) For the 2001‑2002 fiscal year only, the Office of State Budget and Management shall reduce the funds appropriated in this act to the Rural Economic Development Center, Inc., by an amount of nine hundred ninety‑nine thousand six hundred ninety‑four dollars ($999,694). The Center shall compensate for this reduction by using available cash balances from the Child Care Loan Fund in the amount of four hundred ninety‑nine thousand six hundred ninety‑four dollars ($499,694) and the amount of five hundred thousand dollars ($500,000) from other cash reserves on hand.
SECTION 20.15.(g) The Rural Economic Development Center, Inc., shall:
(1) By January 15, 2002, and more frequently as requested, report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division the following information:
a. State fiscal year 2000‑2001 program activities, objectives, and accomplishments;
b. State fiscal year 2000‑2001 itemized expenditures and fund sources;
c. State fiscal year 2001‑2002 planned activities, objectives, and accomplishments including actual results through December 31, 2001; and
d. State fiscal year 2001‑2002 estimated itemized expenditures and fund sources including actual expenditures and fund sources through December 31, 2001.
(2) By January 15, 2003, and more frequently as requested, report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division the following information:
a. State fiscal year 2001‑2002 program activities, objectives, and accomplishments;
b. State fiscal year 2001‑2002 itemized expenditures and fund sources;
c. State fiscal year 2002‑2003 planned activities, objectives, and accomplishments including actual results through December 31, 2002; and
d. State fiscal year 2002‑2003 estimated itemized expenditures and fund sources including actual expenditures and fund sources through December 31, 2002.
(3) Provide to the Fiscal Research Division a copy of each grant recipient's annual audited financial statement within 30 days of issuance of the statement.
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
OPPORTUNITIES INDUSTRIALIZATION CENTER FUNDS
SECTION 20.16.(a) Of the funds appropriated in this act to the Rural Economic Development Center, Inc., the sum of four hundred thousand dollars ($400,000) for the 2001‑2002 fiscal year and the sum of four hundred thousand dollars ($400,000) for the 2002‑2003 fiscal year shall be allocated as follows:
(1) $100,000 in each fiscal year to the Opportunities Industrialization Center of Wilson, Inc., for its ongoing job training programs;
(2) $100,000 in each fiscal year to the Opportunities Industrialization Center, Inc., in Rocky Mount, for its ongoing job training programs;
(3) $100,000 in each fiscal year to the Opportunities Industrialization Centers Kinston and Lenoir County, North Carolina, Inc.; and
(4) $100,000 in each fiscal year to the Opportunities Industrialization Center of Elizabeth City, Inc.
SECTION 20.16.(b) For each of the Opportunities Industrialization Centers receiving funds pursuant to subsection (a) of this section, the Rural Economic Development Center, Inc., shall:
(1) By January 15, 2002, and more frequently as requested, report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division the following information:
a. State fiscal year 2000‑2001 program activities, objectives, and accomplishments;
b. State fiscal year 2000‑2001 itemized expenditures and fund sources;
c. State fiscal year 2001‑2002 planned activities, objectives, and accomplishments, including actual results through December 31, 2001; and
d. State fiscal year 2001‑2002 estimated itemized expenditures and fund sources, including actual expenditures and fund sources through December 31, 2001.
(2) By January 15, 2003, and more frequently as requested, report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division the following information:
a. State fiscal year 2001‑2002 program activities, objectives, and accomplishments;
b. State fiscal year 2001‑2002 itemized expenditures and fund sources;
c. State fiscal year 2002‑2003 planned activities, objectives, and accomplishments, including actual results through December 31, 2002; and
d. State fiscal year 2002‑2003 estimated itemized expenditures and fund sources, including actual expenditures and fund sources through December 31, 2002.
(3) Provide to the Fiscal Research Division a copy of the annual audited financial statements of the Opportunities Industrialization Centers funded by this act within 30 days of issuance of the statement.
Requested by: Representatives Fox, Owens, Easterling, Oldham, Redwine, Thompson
Transfer common follow‑up evaluation from osbpm to esc
SECTION 20.17.(a) G.S. 96‑32 reads as rewritten:
"§ 96‑32. Common follow‑up information management system created.
(a) The Employment Security Commission of North Carolina shall develop, implement, and maintain a common follow‑up information management system for tracking the employment status of current and former participants in State job training, education, and placement programs. The system shall provide for the automated collection, organization, dissemination, and analysis of data obtained from State‑funded programs that provide job training and education and job placement services to program participants. In developing the system, the ESC shall ensure that data and information collected from State agencies is confidential, not open for general public inspection, and maintained and disseminated in a manner that protects the identity of individual persons from general public disclosure.
(b) The ESC in
consultation with the Office of State Budget, Planning, and Management
shall adopt procedures and guidelines for the development and implementation of
the CFS authorized under this section.
(c) Based on data collected
under the CFS, the Office of State Budget, Planning, and Management ESC
shall evaluate the effectiveness of job training, education, and placement
programs to determine if specific program goals and objectives are attained, to
determine placement and completion rates for each program, and to make
recommendations regarding the continuation of State funding for programs
evaluated. The ESC shall provide to the Office of State Budget, Planning,
and Management data collected under the CFS in a manner and with the frequency
necessary for the Office of State Budget, Planning, and Management to conduct
the evaluation required under this subsection. The ESC shall consult with the
Office of State Budget, Planning, and Management to determine the most efficient
and effective method for providing to the Office of State Budget, Planning, and
Management data collected under the CFS. The Office of State Budget, Planning,
and Management shall maintain the same levels of confidentiality with respect
to CFS data received from the ESC as is required of the ESC under this Article."
SECTION 20.17.(b) G.S. 96‑35 reads as rewritten:
"§ 96‑35. Reports on common follow‑up system activities.
(a) The Employment Security Commission of North Carolina shall present annually by May 1 to the General Assembly and to the Governor a report of CFS activities for the preceding calendar year. The report shall include information on and evaluation of job training, education, and placement programs for which data was reported by State and local agencies subject to this Article. Evaluation of the programs shall be on the basis of fiscal year data.
(b) The Office of State
Budget, Planning, and Management ESC shall report to to the
Governor and to the General Assembly upon the convening of each biennial
session, its evaluation of and recommendations regarding job training,
education, and placement programs for which data was provided to the CFS."
Requested by: Representatives Fox, Owens, Redwine, Easterling, Oldham, Thompson
Requested by: Representatives Fox, Owens, Insko, Easterling, Oldham, Redwine, Thompson
North Carolina Global Center Funds
Requested by: Representatives Fox, Owens, Smith, Easterling, Oldham, Redwine
PART XXI. DEPARTMENT OF HEALTH AND HUMAN SERVICES
SUBPART 1. CENTRAL ADMINISTRATION
Requested by: Representatives Earle, Nye, Easterling, Oldham, Redwine, Thompson
SECTION 21.1.(a) The Department of Health and Human Services shall consolidate its regional, district, field, and satellite offices located throughout the State. The Department shall implement these consolidations no later than June 30, 2002. The Department shall provide the following information:
(1) An inventory of all its regional, district, field, and satellite offices located throughout the State before the consolidation required in this section. This inventory shall include the purpose of the office (direct services or central location for field staff), the number of staff assigned to the office, the cost of operating the office, and information on whether the office is co‑located or located near another regional, district, field, or satellite office;
(2) An inventory of all its regional, district, field, and satellite offices located throughout the State after the consolidation required in this section is completed. This inventory shall include the purpose of the office (direct services or central location for field staff), the number of staff assigned to the office, the cost of operating the office, and information on whether the office is co‑located or located near another regional, district, field, or satellite office;
(3) An inventory of all offices located in Wake County. This inventory shall include the purpose of the office, the number of staff assigned to the office, the cost of operating the office, information on whether the office is co-located or located near another related office, and information on whether the office could be moved to another area of the State;
(4) A report on the anticipated impact of the consolidation required by this section on the delivery of services;
(5) A report on the use of technology to comply with the consolidation required under this section to increase the number of staff working from their homes or other locations; and
(6) A report on the anticipated cost savings, efficiencies in the use of State staff and resources, and improved delivery of services resulting from the consolidation required under this section.
SECTION 21.1.(b) The Department of Health and Human Services shall provide an interim report on the activities required under this section by January 1, 2002, and a final report by July 1, 2002. The interim and final reports shall be provided to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division.
Requested by: Representatives Earle, Nye, Easterling, Oldham, Redwine, Thompson
CENTRALIZE CRIMINAL RECORD CHECK FUNCTIONS
SECTION 21.2. The Department of Health and Human Services shall centralize all activities throughout the Department relating to the coordination and processing of criminal record checks required by law. The centralization shall include the transfer of positions, corresponding State appropriations, federal funds, and other funds. The Department shall report on the centralization of criminal record check activities to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division not later than January 1, 2002.
Requested by: Representatives Earle, Nye, Easterling, Oldham, Redwine, Thompson
PRESCRIPTION DRUG ASSISTANCE PROGRAM MANAGEMENT
SECTION 21.3.(a) The Department of Health and Human Services shall implement the following recommendations of the "North Carolina Medicaid Benefit Study", May 1, 2001, to improve the management of prescription drug assistance programs operated by the Department, including programs in the Divisions of Public Health, Mental Health, Developmental Disabilities, and Substance Abuse Services, Services for the Blind, and Vocational Rehabilitation:
(1) Dispensing of generic drugs. Notwithstanding G.S. 90‑85.27 through G.S. 90‑85.31, under all prescription drug assistance programs operated by the Department of Health and Human Services, and except as otherwise provided in this subsection for atypical antipsychotic drugs and drugs listed in the narrow therapeutic drug index, prescription order for a drug designated by a trade or brand name shall be considered to be an order for the drug by its established or generic name, except when the prescriber has determined, at the time the drug is prescribed, that the brand name drug is medically necessary and has written on the prescription order the phrase "medically necessary". Generic drugs, when available in the pharmacy, shall be dispensed at a lower cost to the Medical Assistance Program rather than trade or brand name drugs. As used in this subdivision, "brand name" means the proprietary name the manufacturer places upon a drug product or on its container, label, or wrapping at the time of packaging, and "established name" has the same meaning as in section 502(e)(3) of the Federal Food, Drug, and Cosmetic Act as amended, 21 U.S.C. § 352(e)(3).
(2) Limit the supplies of prescription drugs to 34‑day supplies for some or all drugs.
Notwithstanding subdivision (1) of this subsection, an initial prescription order for an atypical antipsychotic drug or a drug listed in the narrow therapeutic drug index that does not contain the phrase "medically necessary" shall be considered an order for the drug by its established or generic name, except that the pharmacy shall not substitute a generic or established name prescription drug for subsequent brand or trade name prescription orders of the same prescription drug without explicit oral or written approval of the prescriber given at the time the order is filled.
SECTION 21.3.(b) The Department shall consider other drug utilization management activities for all prescription drug assistance programs operated by the Department as follows:
(1) Prior authorization program to manage high‑cost name brand drugs.
(2) Maximum allowable pricing.
(3) Contracting with a pharmacy benefits manager to implement more extensive prospective drug utilization review.
SECTION 21.3.(c) The Department shall report on the activities conducted under this section to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division no later than January 1, 2002.
Requested by: Representatives Earle, Nye, Easterling, Oldham, Redwine, Thompson
TOLL‑FREE PHONE LINE INVENTORY AND CONSOLIDATION
SECTION 21.5.(a) The Department of Health and Human Services shall determine the feasibility of combining all Department‑operated and contracted toll‑free (1‑8xx) phone lines to create efficiencies. An inventory of all resource telephone lines throughout Divisions of the Department shall be conducted and an evaluation completed of potential savings in combining these phone lines. In conducting the inventory, the Department shall identify the following:
(1) Title and purpose of the phone line.
(2) Type of information provided to callers.
(3) Budget of the operations.
(4) Number of staff (phone agents, other).
(5) Number of calls received annually to each phone line.
(6) Contracts.
The Department shall project costs for the new combined phone line and prepare a comprehensive cost‑benefit analysis on the new consolidated plan compared with current services.
SECTION 21.5.(b) The Department shall submit a progress report on the feasibility study to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Information Technology, and the House of Representatives Appropriations Subcommittee on Information Technology no later than October 1, 2001, and a final report by April 1, 2002.
Requested by: Representatives Earle, Nye, Easterling, Oldham, Redwine, Thompson
COORDINATION OF ACCESS TO PHARMACEUTICAL COMPANY PRESCRIPTION DRUG PROGRAMS
SECTION 21.6.(a) Of the funds appropriated in this act to the Department of Health and Human Services, Division of Public Health, the sum of two hundred thousand dollars ($200,000) for the 2001‑2002 fiscal year and the sum of two hundred thousand dollars ($200,000) for the 2002‑2003 fiscal year shall be used to assist eligible individuals in obtaining prescription drugs at no cost or for a nominal fee through pharmaceutical company programs or initiatives. Coordination of access shall be provided through a central location that maintains documentation of an individual's eligibility provided by the individual and prescription orders from the individual's physician to facilitate the provision of no‑cost or nominal cost drugs under the pharmaceutical company program. The coordination of access shall be implemented in a way that encourages physician, patient, and pharmacy participation by reducing time‑consuming procedural requirements. The Department may contract with a private nonprofit organization to coordinate access as provided under this section.
SECTION 21.6.(d) The Department shall report on the implementation of this section on October 1, 2001, April 1, 2002, and October 1, 2002, to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division.
Requested by: Representatives Earle, Nye, Easterling, Oldham, Redwine, Thompson
ADULT CARE HOME REIMBURSEMENT RATES IMPLEMENTATION PLAN
SECTION 21.7.(a) The Department of Health and Human Services may implement all of the recommendations in the March 2001 performance audit report, "Adult Care Home Reimbursement Rates", conducted by the Department of State Auditor, except for the recommendation pertaining to review of the rate methodology for adult care homes.
SECTION 21.7.(b) The Fiscal Research Division, through the Legislative Services Office, in consultation with the Department of Health and Human Services, shall issue a Request For Proposal (RFP) and contract for an independent consultant with extensive expertise in rate‑setting for public and private entities to develop a new rate methodology for establishing reimbursements for adult care homes. The final report of the independent consultant shall be presented to the General Assembly not later than June 1, 2002.
Requested by: Representatives Earle, Nye, Easterling, Oldham, Redwine, Thompson
LONG‑TERM CARE CONTINUUM OF CARE
SECTION 21.9.(a) The Department of Health and Human Services shall, in cooperation with other appropriate State and local agencies and representatives of consumer and provider organizations, develop a system that provides a continuum of long‑term care for elderly and disabled individuals and their families. The Department shall define the system of long‑term care services to include:
(1) A structure and means for screening, assessment, and care management across settings of care;
(2) A process to determine outcome measures for care;
(3) An integrated data system to track expenditures, consumer characteristics, and consumer outcomes;
(4) Relationships between the Department and the State's universities to provide policy analysis and program evaluation support for the development of long‑term care system reforms;
(5) An implementation plan that addresses testing of models, reviewing existing models, evaluation of components, and steps needed to achieve development of a coordinated system; and
(6) Provision for consumer, provider, and agency input into the system design and implementation development.
SECTION 21.9.(b) Notwithstanding Section 11.7A(a) of S.L. 1999‑237, as amended by Section 11.4(b) of S.L. 2000‑67, if non‑State funds from within the Department can be identified, the Department may, with the approval of the Office of State Budget and Management, proceed to:
(1) Implement the initial phase of a comprehensive data system that tracks long‑term care expenditures, services, consumer profiles, and consumer preferences; and
(2) Develop a system of statewide long‑term care services coordination and case management to minimize administrative costs, improve access to services, and minimize obstacles to the delivery of long‑term care services to people in need.
SECTION 21.9.(c) Not later than April 15, 2002, the Department shall submit a progress report to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the North Carolina Study Commission on Aging, on the development of the system required under this section.
Requested by: Representatives Earle, Nye, Easterling, Oldham, Redwine, Thompson
RECODIFICATION OF ADMINISTRATIVE RULES
SECTION 21.10. The Codifier of Rules may continue the process of reorganizing Titles 10 and 15A of the North Carolina Administrative Code to reflect the recent reorganization of the Department of Health and Human Services and the Department of Environment and Natural Resources. The reorganization of the Code may include replacing Title 10 with a new Title 10A if desirable for clarity. The Codifier of Rules may make changes in the text of the affected rules to reflect changes in organizational structure of the Department of Health and Human Services and the Department of Environment and Natural Resources. So long as the changes in text do not change the substance of the rules, the reorganization by the Codifier is exempt from the requirements of Chapter 150B of the General Statutes and does not require the review or approval of the Rules Review Commission.
Requested by: Representatives Earle, Nye, Easterling, Oldham, Redwine, Thompson
TRANSFER OF CERTAIN FUNDS AUTHORIZED
SECTION 21.11. Article 1 of Chapter 143 of the General Statutes is amended by adding the following new section to read:
"§ 143-23.3. Transfer of certain funds authorized.
In order to assure maximum utilization of funds in county departments of social services, county or district health agencies, and area mental health, developmental disabilities, and substance abuse services authorities, the Director of the Budget may transfer excess funds appropriated to a specific service, program, or fund, whether specified service in a block grant plan or General Fund appropriation, into another service, program, or fund for local services within the budget of the respective State agency."
Requested by: Representatives Earle, Nye, Easterling, Oldham, Redwine, Thompson
SECTION 21.12. With the approval of the Office of State Budget and Management, the Department of Health and Human Services 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 Earle, Nye, Easterling, Oldham, Redwine
ELIMINATE JOINT LEGISLATIVE PUBLIC ASSISTANCE COMMISSION
SECTION 21.13.(a) G.S. 120‑225 is repealed.
SECTION 21.13.(b) G.S. 108A‑27.2(12) reads as rewritten:
"§ 108A‑27.2. General duties of the Department.
The Department shall have the following general duties with respect to the Work First Program:
…
(12) Report to the Joint
Legislative Public Assistance Commission and the members of the Senate
Appropriations Committee on Health and Human Resources Services
and the House of Representatives Appropriations Subcommittee on Health
and Human Resources Services the counties which have
requested Electing status,status; provide copies of the proposed
Electing County Plans to the Joint Legislative Public Assistance Commission
and the members of the Senate Appropriations Committee on Health and Human
Resources Services and the House of Representatives
Appropriations Subcommittee on Health and Human Resources Services;
and make recommendations to the Joint Legislative Public Assistance
Commission, the members of the Senate Appropriations Committee on Health
and Human Resources Services and the House of Representatives
Appropriations Subcommittee on Health and Human Resources, and the
General AssemblyServices on which of the proposed Electing County
Plans ensure compliance with federal and State laws, rules, and regulations and
are consistent with the overall purposes and goals for the Work First Program;
and".
SECTION 21.13.(c) G.S. 108A‑27.9(d) reads as rewritten:
"(d) The section of the State Plan proposing the terms of the Work First Program in Electing Counties shall be based upon the aggregate of the Electing County Plans and shall include the following:
(1) Allocations of federal and State funds for Electing Counties in the Work First Program including block grants to counties and the allocation of funding for administration not to exceed the federally established limitations on the use of federal TANF funds and the limits imposed under this Article;
(2) Maintenance of effort and levels of State and county funding for Electing Counties in the Work First Program;
(3) Federal eligibility requirements and a description of the eligibility requirements and benefit calculation in each Electing County; and
(4) A description of the federal, State, and each Electing County's financial participation in the Work First Program.
The Department may modify the
section in the State Plan regarding Electing Counties once a biennium or except
as necessary to reflect any modifications made by an Electing County. Any
changes to the section of the State Plan regarding Electing Counties shall be
reported to the Joint Legislative Public Assistance Commission at the next
meeting of the Commission following the changes and to the General Assembly
during the next sessionSenate Appropriations Committee on Health and
Human Services, the House of Representatives Appropriations Subcommittee on
Health and Human Services, and the Fiscal Research Division within one month
following the changes."
SECTION 21.13.(d) G.S. 108A‑29(r) reads as rewritten:
"(r) Each county's Job Service Employer Committee or Workforce Development Board shall continue the study of the working poor, titled "NC WORKS", in their respective counties and shall include the following in the study:
(1) Determination of the extent to which current labor market participation enables individuals and families to earn the amount of disposable income necessary to meet their basic needs;
(2) Determination of how many North Carolinians work and earn wages below one hundred fifty percent (150%) of the Federal Poverty Guideline and study trends in the size and demographic profiles of this underemployed group within the respective county;
(3) Examination of job market factors that contribute to any changes in the composition and numbers of the working poor including, but not limited to, shifts from manufacturing to service, from full‑time to part‑time work, from permanent to temporary or their contingent employment;
(4) Consideration and determination of the respective responsibilities of the public and private sectors in ensuring that working families and individuals have disposable income adequate to meet their basic needs;
(5) Evaluation of the effectiveness of the unemployment insurance system in meeting the needs of low‑wage workers when they become unemployed;
(6) Examination of the efficacy of a State‑earned income tax credit that would enable working families to meet the requirements of the basic needs budget;
(7) Examination of the wages, benefits, and protections available to part‑time and temporary workers, leased employees, independent contractors, and other contingent workers as compared to regular full‑time workers;
(8) Solicitation, receipt, and acceptance of grants or other funds from any person or entity and enter into agreements with respect to these grants or other funds regarding the undertaking of studies or plans necessary to carry out the purposes of the committee; and
(9) A request of any necessary data from either public or private entities that relate to the needs of the committee or board.
Each committee or board shall
prepare and submit a report on the finding for the county which it represents
by May 1 of each year to the Joint Legislative Public Assistance Commission,
the Senate Appropriations Committee on Health and Human Resources,Services,
the House of Representatives Appropriations Subcommittee on Health and Human
Resources,Services, the Senate Appropriations Committee on
Natural and Economic Resources, and the House of Representatives Appropriations
Subcommittee on Natural and Economic Resources."
SECTION 21.13.(e) Unless specifically amended by another subsection of this section, the phrase "Joint Legislative Public Assistance Commission" is deleted and replaced by the phrase "Senate Appropriations Committee on Health and Human Services and the House of Representatives Appropriations Subcommittee on Health and Human Services" whenever it occurs in each of the following sections of the General Statutes:
G.S. 108A‑27 Authorization and description of Work First Program; Work First Program changes; designation of Electing and Standard Program Counties.
G.S. 108A‑27.2 General Duties of the Department.
G.S. 108A‑27.9 State Plan.
G.S. 108A‑29 First Stop Employment Assistance; priority for employment services.
G.S. 114‑40 Inspector General.
Requested by: Representatives Earle, Nye, Easterling, Oldham, Redwine, Thompson
ESTABLISH OFFICE OF POLICY AND PLANNING
SECTION 21.14.(a) It is the intent of the General Assembly that the Department of Health and Human Services provide coordinated policy development and strategic planning for the State's health and human services systems. The Department is directed to establish an Office of Policy and Planning within the Office of the Secretary from existing resources across the Department. The Director of the Office of Policy and Planning shall report directly to the Secretary and shall have the following responsibilities:
(1) Coordinate the development of departmental policies, plans, and rules, in consultation with the Divisions of the Department.
(2) Development of a departmental process for the development and implementation of new policies, plans, and rules.
(3) Development of a departmental process for the review of existing policies, plans, and rules to ensure that departmental policies, plans, and rules are relevant.
(4) Coordination and review of all departmental policies before dissemination to ensure that all policies are well‑coordinated within and across all programs.
(5) Implementation of ongoing strategic planning that integrates budget, personnel, and resources with the mission and operational goals of the Department.
(6) Review, disseminate, monitor, and evaluate best practice models.
SECTION 21.14.(b) Under the direction of the Secretary of Health and Human Services, the Director of the Office of Policy and Planning shall have the authority to direct Divisions, offices, and programs within the Department to conduct periodic reviews of policies, plans, and rules and shall advise the Secretary when it is determined to be appropriate or necessary to modify, amend, and repeal departmental policies, plans, and rules. All policy and management positions within the Office of Policy and Planning are exempt positions as that term is defined in G.S. 126‑5.
SECTION 21.14.(c) The Department shall report on the establishment of the Office of Policy and Planning to the members of the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division by January 1, 2002.
Requested by: Representatives Earle, Nye, Easterling, Oldham, Redwine, Thompson
COUNTY HEALTH AND HUMAN SERVICES BUDGET GUIDANCE
SECTION 21.16. G.S. 108A‑88 reads as rewritten:
"§ 108A‑88. Determination of State and county financial participation.
Before February 15 of each year,
the Secretary shall notify the county board of commissioners, the county
manager, the director of social services services, and the
director of public health of each county of the amount of State and federal
moneys estimated to be available, as best can be determined, to that county for
programs of public assistance, social services services, public
health, and related administrative costs, as well as the percentage of
county participation expected to be required for the budget for the succeeding
fiscal year. In odd‑numbered years, in making such notification, the
Secretary shall notify the counties of any changes in funding levels, formulas,
or programs relating to public assistance and public health proposed by
the Governor to the General Assembly in the proposed budget and budget report
submitted under the Executive Budget Act. Counties shall be notified of
additional changes in the proposed budget of the Governor and the Advisory
Budget Commission that are made by the General Assembly or the United States
Congress subsequent to the February 15 estimates."
Requested by: Representatives Earle, Nye, Easterling, Oldham, Redwine, Thompson
INFORMATION TECHNOLOGY PROJECT CONTRACTS
SECTION 21.17.(a) Notwithstanding any other provision of law to the contrary, the Department of Health and Human Services may establish special time‑limited positions in the Division of Information Research Management for an information technology project to maximize efficiencies in the preparation for and implementation of federal requirements of the medical records privacy standards under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Positions established are not permanent positions, not subject to the State Personnel Act under G.S. 126‑1.1, and not subject to the State salary schedule.
SECTION 21.17.(b) Positions established pursuant to this section may commence no earlier than July 1, 2001, and shall expire June 30, 2003.
Requested by: Representatives Earle, Nye, Easterling, Oldham, Redwine, Thompson
USE OF SAVINGS REALIZED FROM ELIMINATION OF POSITIONS
SECTION 21.18. Savings in non‑State funds realized from the elimination of positions in the Department of Health and Human Services shall be reallocated by the Department for direct services in the program where the position was eliminated, except in programs where State funds are used to draw down federal funds.
Requested by: Representatives Earle, Nye, Easterling, Oldham, Redwine, Thompson