GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

 

SESSION LAW 2016-94

HOUSE BILL 1030

 

 

AN ACT to modify the current operations and capital improvements appropriations act of 2015 and to make other changes in the budget operations of the state.

 

The General Assembly of North Carolina enacts:

 

PART I. Introduction and Title of Act

 

INTRODUCTION

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 affected where the total amounts appropriated are not required to perform these services and accomplish these purposes, and, except as allowed by the State Budget Act or this act, the savings shall revert to the appropriate fund at the end of each fiscal year, except as otherwise provided by G.S. 143C‑1‑2(b).

 

TITLE OF ACT

SECTION 1.2.  This act shall be known as the "Current Operations and Capital Improvements Appropriations Act of 2016."

 

PART II. Current Operations and Expansion General Fund

 

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 adjusted for the fiscal year ending June 30, 2017, according to the schedule that follows. Amounts set out in parentheses are reductions from General Fund appropriations for the 2016‑2017 fiscal year:

 

Current Operations – General Fund                                                                     FY 2016‑2017

 

EDUCATION

 

Community Colleges System Office                                                                             30,095,192

 

Department of Public Instruction                                                                                313,930,959

 

University of North Carolina – Board of Governors

      Appalachian State University

      East Carolina University

            Academic Affairs

            Health Affairs

      Elizabeth City State University                                                                                    250,000

      Fayetteville State University

      NC A&T State University

      NC Central University

      NC State University

            Academic Affairs                                                                                                   200,000

            Agricultural Extension

            Agricultural Research

      UNC‑Asheville

      UNC‑Chapel Hill

            Academic Affairs                                                                                                1,500,000

            Health Affairs                                                                                                      3,000,000

            AHEC

      UNC‑Charlotte

      UNC‑Greensboro

      UNC‑Pembroke                                                                                                            675,000

      UNC‑School of the Arts                                                                                               630,000

      UNC‑Wilmington

      Western Carolina University

      Winston‑Salem State University

      General Administration

      University Institutional Programs                                                                          118,285,194

      Related Educational Programs                                                                                     300,000

      NC School of Science & Math

      Aid to Private Institutions                                                                                       44,140,000

Total University of North Carolina – Board of Governors                                   168,980,194

 

HEALTH AND HUMAN SERVICES                                                                                      

 

Department of Health and Human Services

Central Management and Support                                                                                   8,942,769

Division of Aging & Adult Services                                                                                  809,321

Division of Blind Services/Deaf/HH                                                                                    91,653

Division of Child Development & Early Education                                                      (6,675,783)

Health Service Regulation                                                                                                  469,252

Division of Medical Assistance                                                                                  (310,324,922)

Division of Mental Health, Developmental Disabilities,

      & Substance Abuse Services                                                                                   25,173,816

NC Health Choice                                                                                                              350,831

Division of Public Health                                                                                              19,638,226

Division of Social Services                                                                                            14,370,213

Division of Vocational Rehabilitation                                                                                456,517

Total Health and Human Services                                                                           (246,698,107)

 

AGRICULTURE AND NATURAL AND ECONOMIC RESOURCES

 

Department of Agriculture and Consumer Services                                                        9,572,830

 

Department of Commerce

      Commerce                                                                                                                20,320,848

      Commerce State‑Aid                                                                                                    650,000

 

Department of Natural and Cultural Resources

      Natural and Cultural Resources                                                                               14,718,687

      Roanoke Island Commission                                                                                                   0

 

Wildlife Resources Commission                                                                                         305,608

 

Department of Environmental Quality                                                                          19,767,076

 

Department of Labor                                                                                                          298,430

 

JUSTICE AND PUBLIC SAFETY

 

Department of Public Safety                                                                                         61,149,731

 

Judicial Department                                                                                                       27,643,723

 

Judicial Department – Indigent Defense                                                                         6,541,345

 

Department of Justice                                                                                                      5,540,436

 

GENERAL GOVERNMENT

 

Department of Administration                                                                                        5,405,307

 

Office of Administrative Hearings                                                                                     103,296

 

Department of State Auditor                                                                                              501,059

 

Office of State Controller                                                                                                   361,006

 

State Board of Elections                                                                                                     117,012

 

General Assembly                                                                                                            7,806,816

 

Office of the Governor

      Office of the Governor                                                                                                 107,248

      Office of the Governor – Special Projects                                                                           313

 

Office of State Budget and Management                                                                          440,763

      OSBM – Reserve for Special Appropriations                                                          20,700,000

 

Housing Finance Agency                                                                                                 5,000,000

 

Department of Insurance                                                                                                 2,532,502

 

Office of Lieutenant Governor                                                                                             25,637

 

Department of Military and Veterans Affairs                                                                    213,347

 

Department of Revenue                                                                                                   1,891,151

 

Department of Secretary of State                                                                                       878,913

 

Department of State Treasurer

      State Treasurer                                                                                                              319,008

      State Treasurer – Retirement for Fire and Rescue Squad Workers                           5,197,982

 

Department of Information Technology                                                                        43,297,929

 

RESERVES, ADJUSTMENTS AND DEBT SERVICE

 

Compensation Bonus Reserve – Executive Branch                                                       28,103,159

OSHR Minimum of Market Adjustment                                                                     (12,000,000)

Reserve for Future Benefit Needs                                                                                     (867,331)

Information Technology Reserve                                                                                 (21,320,843)

Information Technology Fund                                                                                     (21,681,854)

Job Development Investment Grants (JDIG)                                                               (10,000,000)

One North Carolina Fund                                                                                                  (417,883)

Pending Legislation Reserve                                                                                           1,200,000

Public Schools Average Daily Membership (ADM)                                                  (107,000,000)

UNC System Enrollment Growth Reserve                                                                  (31,000,000)

State Emergency Response and Disaster Relief Fund                                                  10,000,000

 

Debt Service

      General Debt Service                                                                                                 1,253,023

      Federal Reimbursement                                                                                           38,000,000

 

TOTAL CURRENT OPERATIONS – GENERAL FUND                                 401,984,512

 

GENERAL FUND AVAILABILITY STATEMENT

SECTION 2.2.(a)  The General Fund availability statement set out in Section 2.2(a) of S.L. 2015‑241 applies to the 2015‑2016 fiscal year only. The General Fund availability used in adjusting the 2016‑2017 budget is shown below:

 

                                                                                                                                   FY 2016‑2017

Unappropriated Balance                                                                                              175,488,544

Over Collections FY 2015‑16                                                                                      330,200,000

Reversions FY 2015‑16                                                                                               420,815,473

Earmarkings of Year End Fund Balance:                                                                                      

      Savings Reserve                                                                                                    (473,616,801)

      Repairs and Renovations                                                                                        (81,400,000)

Beginning Unreserved Fund Balance                                                                      371,487,216

 

Revenues Based on Existing Tax Structure                                                        21,417,800,000

 

Non‑tax Revenues

Investment Income                                                                                                        37,500,000

Judicial Fees                                                                                                                 242,600,000

Disproportionate Share                                                                                                147,000,000

Insurance                                                                                                                        77,000,000

Master Settlement Agreement (MSA)                                                                         127,400,000

Other Non‑tax Revenues                                                                                             178,700,000

      Subtotal Non‑tax Revenues                                                                                 810,200,000

 

Adjustment for Medicaid Transformation Fund (S.L. 2015‑241)                        (150,000,000)

 

Total General Fund Availability                                                                          22,449,487,216

 

Adjustments to Availability:  2016 Session                                                                                

Individual Income Tax – Increase Standard Deduction                                            (145,000,000)

Sales Tax – Exempt Styrofoam Pellets for Alternative Wastewater System Materials (1,000,000)

Sales Tax – Limit Repair and Maintenance Tax on

      Airplanes and Boats (Direct Pay Option)                                                                    (500,000)

Sales Tax – Repeal Automotive Service Contracts (RMI Services Taxable)                 (1,600,000)

Sales Tax – Modify Base on RMI – Removes Retail/Non‑retail

      Distinction, Applies Capital Improvement Test                                                      22,400,000

Sales Tax – Elimination of State Contribution to Local Sales Tax Distribution           17,600,000

Mill Machinery Tax – Expand 1%/$80 rate to Secondary and

      Precious Metal Recyclers, Metal Fabricators, and Ports                                          (6,000,000)

Adjustment for Transfer from Treasurer's Office                                                               517,872

Adjustment for Transfer from Insurance Regulatory Fund                                             2,532,502

Adjustment for Transfer from NCGA Special Fund                                                       3,000,000

 

Subtotal Adjustments to Availability:  2016 Session                                              (108,049,626)

 

Revised General Fund Availability                                                                     22,341,437,590

 

Less General Fund Appropriations                                                                   (22,341,437,590)

 

Unappropriated Balance Remaining                                                                                         0

 

SECTION 2.2.(b)  Notwithstanding the provisions of G.S. 143C‑4‑3(a), the State Controller shall transfer a total of eighty‑one million four hundred thousand dollars ($81,400,000) from the unreserved fund balance to the Repairs and Renovations Reserve on June 30, 2016. Funds transferred under this section to the Repairs and Renovations Reserve are hereby appropriated for the 2016‑2017 fiscal year and shall be used in accordance with Section 31.5 of S.L. 2015‑241, as amended by Section 37.4 of this act. This subsection becomes effective June 30, 2016.

SECTION 2.2.(c)  Notwithstanding G.S. 143C‑4‑2, the State Controller shall transfer a total of four hundred seventy‑three million six hundred sixteen thousand eight hundred one dollars ($473,616,801) from the unreserved fund balance to the Savings Reserve Account on June 30, 2016. This transfer is not an "appropriation made by law," as that phrase is used in Section 7(1) of Article V of the North Carolina Constitution. This subsection becomes effective June 30, 2016.

SECTION 2.2.(d)  Notwithstanding any other provision of law to the contrary, effective July 1, 2016, three million dollars ($3,000,000) from the Special Fund – Non‑Interest Bearing (Budget Code 21000) shall be transferred to the State Controller to be deposited in the appropriate budget code as determined by the State Controller. These funds shall be used to support the General Fund appropriations as specified in this act for the 2016‑2017 fiscal year.

 

PART III. Current Operations/Highway Fund

 

CURRENT OPERATIONS AND EXPANSION/HIGHWAY FUND

SECTION 3.1.  Appropriations from the State Highway Fund for the maintenance and operation of the Department of Transportation and for other purposes as enumerated are adjusted for the fiscal year ending June 30, 2017, according to the following schedule. Amounts set out in parentheses are reductions from Highway Fund Appropriations for the 2016‑2017 fiscal year.

 

Current Operations – Highway Fund                                                                    FY 2016‑2017

 

Department of Transportation

      Administration                                                                                                    $                   0

 

Division of Highways

      Administration                                                                                                                         0

      Construction                                                                                                              2,500,000

      Maintenance                                                                                                               1,554,090

      Planning and Research                                                                                                             0

      OSHA Program                                                                                                                       0

 

State Aid to Municipalities                                                                                                            0

 

Intermodal Divisions

      Ferry                                                                                                                         10,000,000

      Public Transportation                                                                                                 4,000,000

      Aviation                                                                                                                   14,817,417

      Rail                                                                                                                           13,750,000

      Bicycle and Pedestrian                                                                                                            0

 

Governor's Highway Safety                                                                                                          0

 

Division of Motor Vehicles                                                                                             4,973,177

 

Other State Agencies, Reserves, Transfers                                                                      7,494,167

 

Capital Improvements                                                                                                                    0

 

Total Highway Fund Appropriations                                                                $ 2,048,690,000

 

HIGHWAY FUND AVAILABILITY STATEMENT

SECTION 3.2.  Section 3.2 of S.L. 2015‑241 is repealed. The Highway Fund availability used in adjusting the 2016‑2017 fiscal year budget is shown below:

 

Highway Fund Availability Statement                                                                   FY 2016‑2017

 

Unreserved Fund Balance                                                                              $                             0

Estimated Revenue                                                                                                   2,048,910,000

Adjustment to Revenue Availability:

      Vehicle Registration Fees (Permanent Plates)                                                             (220,000)

 

Total Highway Fund Availability                                                                $        2,048,690,000

 

Unappropriated Balance                                                                              $                             0

 

PART IV. Highway Trust Fund Appropriations

 

CURRENT OPERATIONS/HIGHWAY TRUST FUND

SECTION 4.1.  Appropriations from the State Highway Trust Fund for the maintenance and operation of the Department of Transportation and for other purposes as enumerated are adjusted for the fiscal year ending June 30, 2017, according to the following schedule. Amounts set out in parentheses are reductions from Highway Trust Fund Appropriations for the 2016‑2017 fiscal year.

 

Current Operations – Highway Trust Fund                                                         FY 2016‑2017

 

Program Administration                                                                                          $                    0

Turnpike Authority                                                                                                                        0

Transfer to Highway Fund                                                                                                            0

Debt Service                                                                                                                                  0

Strategic Prioritization Funding Plan for Transportation Investments                          32,045,000

 

Total Highway Trust Fund Appropriations                                                      $ 1,371,280,000

 

HIGHWAY TRUST FUND AVAILABILITY STATEMENT

SECTION 4.2.  Section 4.2 of S.L. 2015‑241 is repealed. The Highway Trust Fund availability used in adjusting the 2016‑2017 fiscal year budget is shown below:

 

Highway Trust Fund Availability Statement                                                        FY 2016‑2017

 

Unreserved Fund Balance                                                                              $                             0

Estimated Revenue                                                                                                   1,370,080,000

Adjustment to Revenue Availability:

      Title Fees (Mercury Switch Removal)                                                                       1,200,000

 

Total Highway Trust Fund Availability                                                      $        1,371,280,000

 

Unappropriated Balance                                                                                                             $   0

 

PART V. Other Appropriations

 

EDUCATION LOTTERY FUNDS/NET REVENUE TRANSFERS

SECTION 5.1.(a)  Section 5.2 of S.L. 2015‑241 reads as rewritten:

"SECTION 5.2.(a)  The appropriations made from the Education Lottery Fund for the 2015‑2017 fiscal biennium are as follows:

                                                                                   FY 2015‑2016                        FY 2016‑2017

Noninstructional Support Personnel                   $ 310,455,157     $ 314,950,482$ 372,266,860

Prekindergarten Program                                         78,252,110                                 78,252,110

Public School Building Capital Fund                    100,000,000                               100,000,000

Scholarships for Needy Students                            30,450,000                                 30,450,000

UNC Need‑Based Financial Aid                             10,744,733                                 10,744,733

TOTAL                                                              $ 529,902,000     $ 534,397,325$ 591,713,703

 

"SECTION 5.2.(b)  Notwithstanding G.S. 18C‑164, the Office of State Budget and Management shall not transfer funds to the Education Lottery Reserve Fund for either year of the 2015‑2017 fiscal biennium.G.S. 18C‑164(b), the net revenues deposited in the Education Lottery Fund from the 2015‑2016 fiscal year that are in excess of the amounts appropriated in subsection (a) of this section for the 2015‑2016 fiscal year shall be transferred to the Lottery Reserve Fund.

...."

SECTION 5.1.(b)  G.S. 18C‑164(a) reads as rewritten:

"§ 18C‑164.  Transfer of net revenues.

(a)        The funds remaining in the North Carolina State Lottery Fund after receipt of all revenues to the Lottery Fund and after accrual of all obligations of the Commission for prizes and expenses shall be considered to be the net revenues of the North Carolina State Lottery Fund. The net revenues of the North Carolina State Lottery Fund shall be transferred at least four times a year to the Education Lottery Fund, which shall be created in the State treasury."

 

CIVIL PENALTY AND FORFEITURE FUND/REVISIONS

SECTION 5.2.  Section 5.3(c) of S.L. 2015‑241 reads as rewritten:

"SECTION 5.3.(c)  The clear proceeds of the newly established motor vehicle registration late fee charged pursuant to G.S. 20‑88.03, as enacted by this act, shall be used to provide a dedicated source of revenue for the drivers education program administered by the Department of Public Instruction in accordance with G.S. 115C‑215 and shall be appropriated by the General Assembly for this purpose for the 2016‑2017 and 2017‑2018 fiscal years.fiscal year and subsequent fiscal years thereafter."

 

PART VI. General Provisions

 

ESTABLISHING OR INCREASING FEES

SECTION 6.1.(a)  Notwithstanding G.S. 12‑3.1, an agency is not required to consult with the Joint Legislative Commission on Governmental Operations prior to establishing or increasing a fee to the level authorized or anticipated in this act.

SECTION 6.1.(b)  Notwithstanding G.S. 150B‑21.1A(a), an agency may adopt an emergency rule in accordance with G.S. 150B‑21.1A to establish or increase a fee as authorized by this act if the adoption of a rule would otherwise be required under Article 2A of Chapter 150B of the General Statutes.

 

EXPENDITURES OF FUNDS IN RESERVES LIMITED

SECTION 6.2.  All funds appropriated by this act into reserves may be expended only for the purposes for which the reserves were established.

 

BUDGET STABILITY AND CONTINUITY

SECTION 6.3.(a)  G.S. 143C‑5‑4 reads as rewritten:

"§ 143C‑5‑4.  Enactment deadline.deadline; procedures to be followed when the Current Operations Appropriations Act does not become law prior to the end of certain fiscal years.

(a)        Enactment Deadline. – The General Assembly shall enact the Current Operations Appropriations Act by June 15 of odd‑numbered years and by June 30 of even‑numbered years in which a Current Operations Appropriations Act is enacted.

(b)        Procedure for Budget Continuation. – If a fiscal year begins for which no Current Operations Appropriations Act providing for current operations of State government during that fiscal year has become law, then the following procedures shall be followed and the following limitations shall apply:

(1)        Authority. – Unless otherwise provided by law, the Director of the Budget may continue to allocate funds from all funds for expenditure by State departments, institutions, and agencies at a level not to exceed the level of recurring expenditures from those funds for the prior fiscal year. If the Director of the Budget finds that projected revenues for the fiscal year will not support expenditures at the level of recurring expenditures for the prior fiscal year, the Director of the Budget shall allot funds at a lower level. In making these allocations, the Director of the Budget shall ensure the prompt payment of the principal and interest on bonds and notes of the State according to their terms. Except as otherwise provided by this section, the limitations and directions on the expenditure of funds for the prior fiscal biennium shall remain in effect.

(2)        Appropriation of funds necessary to implement. – There is appropriated from the appropriate State funds, cash balances, federal receipts, and departmental receipts sums sufficient to implement the authority described in this subsection for the applicable fiscal year.

(3)        Relation to Current Operations Appropriations Act. – The appropriations and the authorizations to allocate and spend funds which are set out in this subsection shall remain in effect until the Current Operations Appropriations Act for the applicable fiscal year becomes law, at which time that act shall become effective and shall govern appropriations and expenditures. When the Current Operations Appropriations Act for that fiscal year becomes law, the Director of the Budget shall adjust allotments to give effect to that act from July 1 of the fiscal year.

(4)        Vacant positions. – If both houses of the General Assembly have passed their respective versions of the Current Operations Appropriations Act on the third reading and ordered them sent to the other chamber, then vacant positions subject to proposed budget reductions in either or both versions of the bill shall not be filled.

(5)        State employee salaries. – The salary schedules and specific salaries established for the prior fiscal year and in effect on June 30 of the prior fiscal year for offices and positions shall remain in effect until the Current Operations Appropriations Act for the current fiscal year becomes law. State employees subject to G.S. 7A‑102(c), 7A‑171.1, 20‑187.3, or any other statutory salary schedule, shall not move up on salary schedules or receive automatic increases, including automatic step increases, until authorized by the General Assembly. State employees, including those exempt from the classification and compensation rules established by the State Human Resources Commission, shall not receive any automatic step increases, annual, performance, merit, bonuses, or other increments until authorized by the General Assembly.

(6)        School Employee Salaries. – Public school employees paid on the teacher salary schedule, the school‑based administrator salary schedule, or any other salary schedule established by State law shall not move up on salary schedules or receive automatic step increases until authorized by the General Assembly.

(7)        State's employer contribution rate. – The State's employer contribution rates budgeted for retirement and related benefits for the current fiscal year shall remain the same as they are on June 30 of the prior fiscal year. These rates are effective until the Current Operations Appropriations Act for the current fiscal year becomes law and are subject to revision in that act. If that act modifies those rates, the Director of the Budget shall further modify the rates set in that act for the remainder of the fiscal year so as to compensate for the different amount contributed between July 1 and the date the Current Operations Appropriations Act becomes law so that the effective rates for the entire year reflect the rates set in the Current Operations Appropriations Act.

(8)        Statutory transfers to reserves. – Notwithstanding G.S. 143C‑4‑2 and G.S. 143C‑4‑3, funds shall not be reserved to the Savings Reserve Account or the Repairs and Renovations Reserve Account and the State Controller shall not transfer funds from the unreserved credit balance to the those accounts on June 30 of the prior fiscal year.

(9)        Federal block grant funds and other grant funds. – Notwithstanding G.S. 143C‑6‑4, State agencies may, with approval of the Director of the Budget, spend funds received from grants awarded during the current fiscal year, including federal block grants, that are for less than two million five hundred thousand dollars ($2,500,000), do not require State matching funds, and will not be used for a capital project. State agencies shall report to the Joint Legislative Commission on Governmental Operations within 30 days of receipt of such funds. State agencies may spend all other funds from grants awarded during the current fiscal year, including federal block grants, only with approval of the Director of the Budget and after consultation with the Joint Legislative Commission on Governmental Operations, except that consultation with the Joint Legislative Commission on Governmental Operations shall not be required prior to an expenditure to respond to an emergency, as that term is defined in G.S. 166A‑19.3(6). The Office of State Budget and Management shall work with the recipient State agencies to budget grant awards according to the annual program needs and within the parameters of the respective granting entities. Depending on the nature of the award, additional State personnel may be employed on a time‑limited basis. Funds received from such grants are hereby appropriated and shall be incorporated into the authorized budget of the recipient State agency. Notwithstanding the provisions of this subdivision, no State agency may accept a grant if acceptance of the grant would obligate the State to make future expenditures relating to the program receiving the grant or would otherwise result in a financial obligation as a consequence of accepting the grant funds. Nothing in this subdivision shall be construed to prohibit or limit expenditures that are authorized under subdivision (1) of this subsection."

SECTION 6.3.(b)  This section is effective when it becomes law.

 

SECTION 6.25 OF S.L. 2015‑241 IS APPLICABLE TO BOTH FISCAL YEARS

SECTION 6.4.  Section 6.25 of S.L. 2015‑241 reads as rewritten:

"SECTION 6.25.(a)  Elimination of Certain Vacant Positions. – Notwithstanding G.S. 143C‑6‑4, and except as otherwise provided in subsection (c) of this section, for each fiscal year of the 2015‑2017 fiscal biennium, each State agency, in conjunction with the Office of State Budget and Management, shall do all of the following:

(1)        Abolish all positions that have been vacant for more than 12 months as of April 17, 2015, and as of April 17, 2016, other than those positions required to exist as part of the State's maintenance of effort requirements related to a federal grant that cannot be addressed with other State funds, or for which the Director of the Budget provides an exception, in the Director's sole discretion. This requirement shall apply regardless of the source of funding for affected positions.

(2)        Fund objects or line items in the certified budget for recurring obligations that have been funded from nonrecurring sources in two or more of the previous three fiscal years. The amount funded shall not exceed the average amount expended for each object or line item during the previous three fiscal years.

(3)        Fund objects or line items in the following priority order if funds generated pursuant to subdivision (1) of this subsection are insufficient to adequately fund all of the objects and line items described in subdivision (2) of this subsection:

a.         Fund legal obligations of the agency that have been funded with lapsed salaries in prior years.

b.         Fund operational requirements directly related to the health, safety, or well‑being of individuals in the care or custody of the State that have been funded with lapsed salaries in prior years.

c.         Fund legal obligations of the agency or operational requirements directly related to the health, safety, or well‑being of individuals in the care or custody of the State that have been funded with other nonrecurring sources in prior years.

d.         Fund operational deficiencies where the obligation cannot be reduced and where no other source of funding exists and failure to fund will result in operational disruptions or unfunded liabilities at fiscal year‑end.

(4)        Adjust the appropriate objects or line items in the next recommended base budget submitted pursuant to G.S. 143C‑3‑5 to reflect the actions taken pursuant to this subsection.

"SECTION 6.25.(b)  Reporting. – No later than December 1, 2015, and December 1, 2016, the Office of State Budget and Management shall report to the Fiscal Research Division on the implementation of this section. The report shall include all of the following, by budget code and fund code:

(1)        A list of positions abolished pursuant to subdivision (1) of subsection (a) of this section.

(2)        A list of positions that were exempted from being abolished pursuant to subdivision (1) of subsection (a) of this section.

(3)        A list of objects or line items funded pursuant to subdivision (2) of subsection (a) of this section and the associated amount for each object or line item.

(4)        The amount and disposition of savings from the Highway Fund, federal funds, and other non‑State agency dedicated receipt sources.

(5)        A list of objects or line items that were not funded because the funds generated pursuant to subdivision (1) of this subsection were insufficient.

"SECTION 6.25.(c)  Section Inapplicable to Certain Vacant Positions. – This section shall not apply to vacant positions (i) within the Department of Transportation or (ii) reclassified pursuant to Section 30.18(e) of this act."

 

EXEMPT GOLDEN L.E.A.F. FROM CERTAIN GRANT REQUIREMENTS

SECTION 6.6.  G.S. 143C‑9‑3(a1) reads as rewritten:

"(a1)    Each year, the sum of ten million dollars ($10,000,000) from the Settlement Reserve Fund is appropriated to The Golden L.E.A.F. (Long‑Term Economic Advancement Foundation), Inc., a nonprofit corporation. corporation, and these funds shall not be subject to G.S. 143C‑6‑23. The remainder of the funds credited to the Settlement Reserve Fund each fiscal year shall be transferred to the General Fund and included in General Fund availability as nontax revenue."

 

PART VII. Department of Information Technology

 

INFORMATION TECHNOLOGY FUND ALLOCATIONS

SECTION 7.1.  Section 7.1 of S.L. 2015‑241 reads as rewritten:

"SECTION 7.1. The availability used to support appropriations made in this act from the Information Technology Fund established in G.S. 147‑33.72H is as follows:

 

FY 2015‑2016          FY 2016‑2017

 

      General Fund Appropriation for IT Fund                             $21,755,191             $21,681,854

 

AppropriationsAllocations are made from the Information Technology Fund for the 2015‑2017 fiscal biennium as follows:

 

FY 2015‑2016         FY 2016‑2017

 

      Criminal Justice Information Network                                   $193,085                        $193,085

      Center for Geographic Information and Analysis                  $503,810                        $503,810

      Enterprise Security Risk Management                                    $871,497      $871,497$1,021,497

      Staffing and Strategic Projects                                            $7,873,903   $7,873,903$7,917,951

      First Net (State Match)                                                           $140,000                        $140,000

      Enterprise Project Management Office                               $1,501,234                     $1,501,234

      IT Strategy and Standards                                                      $865,326                        $865,326

      State Portal                                                                             $233,510                        $233,510

      Process Management                                                              $398,234                        $398,234

      IT Consolidation                                                                                  –                                     –

      Government Data Analytics Center                                    $9,101,255$9,101,255$10,061,255

      Compensation Reserve                                                             $73,337

 

Unless a change is approved by the State Chief Information Officer after consultation with the Office of State Budget and Management, funds appropriated to the Information Technology Fund shall be spent only as specified in this section. Changes shall not result in any degradation to the information technology operations or projects listed in this section for which the funds were originally appropriated.

Any changes to the specified uses shall be reported in writing to the chairs of the Joint Legislative Oversight Committee on Information Technology, the chair and cochair of the House Appropriations Committee on Information Technology, and the Fiscal Research Division."

 

INFORMATION TECHNOLOGY RESERVE ALLOCATIONS

SECTION 7.2.  Section 7.3(a) of S.L. 2015‑241, as amended by Section 2.1 of S.L. 2015‑268, reads as rewritten:

"SECTION 7.3.(a)  The appropriations for the Information Technology Reserve Fund allocations for the 2015‑2017 fiscal biennium are as follows:

 

                                                                                                  FY 2015‑2016         FY 2016‑2017

      Government Data Analytics Center                                    $8,100,000   $8,100,000$8,280,000

      Improve Efficiency and Customer

            Service through IT Modernization                                 $8,127,991                     $8,061,512

      IT Restructuring                                                                   $2,775,184   $2,978,812$2,140,178

      Economic Modeling Initiative                                                $500,000                        $500,000

      Maintenance Management System Replacement                   $173,180                        $129,901

      NC Connect                                                                            $593,899         $788,503$736,899

      E‑Forms/Digital Signatures                                                     $762,115         $762,115$318,305

      Law Enforcement Information Exchange                              $288,474                                    0"

 

ESTABLISH GENERAL FUND BUDGET

SECTION 7.3.(a)  Notwithstanding G.S. 143C‑6‑4, the Office of State Budget and Management shall establish a general fund budget for the Department of Information Technology in Budget Code 14660 for the purpose of establishing the Department's operating budget. The Department's general fund budget shall include Information Technology Fund fund codes (27xx) from Budget Code 24667. The Office of State Budget and Management shall also establish a reserve in Budget Code 14660 for the transfer of Information Technology Reserve appropriations. The changes authorized by this section shall be completed by September 30, 2016, but are effective from July 1, 2016, and shall be reflected in the base budget for the 2017‑2019 fiscal biennium.

SECTION 7.3.(b)  The general fund budget for the Department of Information Technology established pursuant to this section shall include nonrate‑based information technology expenditures, as appropriate, from participating agencies and from exempt agencies that have elected to participate with the Department pursuant to Part 1 of Article 15 of Chapter 143B of the General Statutes prior to the submission of the Governor's proposed budget for the 2019‑2021 fiscal biennium. Adjustments made pursuant to this requirement shall be made with consideration of the effect those changes may have on the State's ability to draw down federal receipts and utilize non‑net appropriation funding sources for information technology projects.

SECTION 7.3.(c)  It is the intent of the General Assembly to appropriate funds during the 2017 Regular Session for the Department of Information Technology internal service fund overhead costs upon removal of agency costs from the service rate structure, thereby eliminating the use of a subscription fee to agencies.

 

IT REPORTING CHANGES

SECTION 7.4.(a)  G.S. 143B‑1355(c) reads as rewritten:

"§ 143B‑1355.  Award review.

...

(c)        The State CIO shall provide a report of all contract awards approved through the Statewide Procurement Office as indicated below. The report shall include the amount of the award, the contract term, the award recipient, the using agency, and a short description of the nature of the award, as follows:

(1)        For contract awards greater than twenty‑five thousand dollars ($25,000), to the cochairs of the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on a monthly basis.as requested.

(2)        For all contract awards outside the established purchasing system, to the Department of Administration, Joint Legislative Oversight Committee on Information Technology, and the Fiscal Research Division on a quarterly basis.March 1 and September 1 of each year."

SECTION 7.4.(b)  G.S. 143B‑1360 reads as rewritten:

"§ 143B‑1360.  Data on reliability and other issues; report.

The Department of Information Technology shall maintain data on equipment reliability, potential cost savings, and any issues associated with the refurbished computer equipment initiative and shall report the results of the initiative to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division by March 1, 2016, and then quarterly annually thereafter."

SECTION 7.4.(c)  G.S. 143B‑1344 reads as rewritten:

"§ 143B‑1344.  Legacy applications.

Participating agency legacy applications shall be moved to the Department once a detailed plan is coordinated and in place for the successful transition of a specific application to the Department. The Department shall identify situations where multiple agencies are using legacy systems with similar capabilities and shall prepare plans to consolidate these systems. Initial identification of similar capabilities shall be reported to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division by March 1, 2016. The initial report shall include a schedule for the consolidation. The report shall also include the costs for operating and maintaining the current systems, the estimated costs for an enterprise replacement system, and the operations and maintenance costs associated with an enterprise system."

SECTION 7.4.(d)  G.S. 143B‑1333 reads as rewritten:

"§ 143B‑1333.  Internal Service Fund.

...

(b)        Receipts shall be used solely for the purpose for which they were collected. Any uses of the Information Technology Internal Service Fund not specifically related to providing receipt‑supported services to State agencies shall immediately be reported to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division.

(c)        Receipts shall be used solely for the purpose for which they were collected. In coordination with the Office of the State Controller and the Office of State Budget Management, the State CIO shall ensure processes are established to manage federal receipts, maximize those receipts, and ensure that federal receipts are correctly utilized. By September 1 of each year, the State CIO shall certify that federal receipts for participating agency information technology programs have been properly used during the previous State fiscal year."

SECTION 7.4.(e)  G.S. 143B‑1334 is repealed.

SECTION 7.4.(f)  Section 7.22(c) of S.L. 2015‑241 reads as rewritten:

"SECTION 7.22.(c)  Beginning January 1, 2016, and quarterly semiannually thereafter, the DIT, in conjunction with OSC and OSBM, shall report to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on the status of the program. The report shall include all of the following:

...."

SECTION 7.4.(g)  Section 7.24(b) of S.L. 2015‑241 reads as rewritten:

"SECTION 7.24.(b)  On or before March 1, 2016, the State CIO shall provide the completed plan to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division. On or before March 1, 2016, and then at least semiannually annually each January 1 for the duration of the 2015‑2017 fiscal biennium, the State CIO shall provide progress reports regarding the establishment and use of the business Internet Web site to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division."

SECTION 7.4.(h)  G.S. 143B‑1330(a)(2) reads as rewritten:

"§ 143B‑1330.  Planning and financing State information technology resources.

(a)        The State CIO shall develop policies for agency information technology planning and financing. Agencies shall prepare and submit such plans as required in this section, as follows:

...

(2)        The State CIO shall develop a biennial State Information Technology Plan (Plan).(Plan), including, but not limited to, the use of cloud‑based utility computing for use by State agencies."

 

USE OF CASH BALANCE FOR IT RATE CREDITS

SECTION 7.5.  The Department of Information Technology shall use funds available in cash balance available in Fund Code 24667 as a credit to the following agencies for subscription fees, telephone rates, and computer rates billed to the agency for the Internal Service Fund for the 2016‑2017 fiscal year:

(1)        North Carolina Community Colleges System Office – $102,023

(2)        Department of Public Instruction – $1,534,623

(3)        The University of North Carolina:

a.         Appalachian State University – $19,725

b.         Elizabeth City State University – $389.00

c.         North Carolina A & T State University – $13,994

d.         North Carolina School of the Arts – $17,033

e.         Winston Salem State University – $26,382

f.          University of North Carolina at Asheville – $1,244

g.         University of North Carolina at Chapel Hill – $1,313

h.         University of North Carolina at Pembroke – $6,741

i.          University of North Carolina at Wilmington – $194.00

j.          Western Carolina University – $10,469

(4)        The Department of Administration – $190,187

(5)        The Department of Insurance – $26,504

(6)        The Department of Revenue – $972,197

(7)        General Assembly – $14,432

(8)        Office of State Budget and Management – $176,700

(9)        Office of Lieutenant Governor – $6,474

(10)      Office of Administrative Hearings – $38,405

(11)      Department of State Auditor – $20,832

(12)      Office of State Controller – $619,802

(13)      Department of Secretary of State – $4,346

(14)      State Board of Elections – $43,880

(15)      Department of State Treasurer – $6,491

(16)      Department of Health and Human Services – $559,461

(17)      Administrative Office of the Courts – $101,812

(18)      Department of Public Safety – $693,292

(19)      Department of Agriculture – $30,556

(20)      Department of Environmental Quality – $910,564

(21)      Department of Natural and Cultural Resources – $665,262

(22)      Industrial Commission – $232,000

(23)      Department of Labor – $300,000

 

INFORMATION TECHNOLOGY SPENDING TRANSPARENCY

SECTION 7.6.(a)  All participating agencies, pursuant to Part 1 of Article 15 of Chapter 143B of the General Statutes, including all divisions, boards, commissions, and other State entities for which the participating agencies have budgetary authority, shall realign information technology budgets and expenditures within existing programs and divisions in a manner that provides transparency for information technology, program, and division budgets. Changes shall be completed in a timely manner such that the changes may be included in the 2017‑2019 biennial budget.

SECTION 7.6.(b)  In conjunction with the budget realignment required by subsection (a) of this section, the OSBM shall submit a report that identifies the following:

(1)        The line‑item budgeted requirements for each State agency's information technology expenditures.

(2)        Actual information technology expenditures for each State agency.

(3)        The sources of funds transferred from other line items to cover information technology expenditures in excess of budgeted requirements.

OSBM shall submit this information, by agency, to the Fiscal Research Division along with its submission of the Governor's proposed budget for the 2017‑2019 fiscal biennium.

 

APPRENTICESHIPS AND CAREER‑BASED OPPORTUNITIES IN CYBERSECURITY FOR DISABLED VETERANS

SECTION 7.7.(a)  The Department of Information Technology shall create a cybersecurity apprenticeship program to provide training, apprenticeships, and career‑based opportunities for disabled veterans within the State. Opportunities may be offered to qualifying veterans who have at least a ten percent (10%) disability rating as established by the Veterans Administration.

SECTION 7.7.(b)  The State Chief Information Officer shall conduct a competitive process to select disabled veterans to participate in the cybersecurity apprenticeship program. Participants will have the opportunity to apply concepts, protocols, and tools acquired through the program by working side by side with experts in cybersecurity within the State of North Carolina.

SECTION 7.7.(c)  Of the funds appropriated by this act for the support of the cybersecurity apprenticeship program, the Department of Information Technology shall select up to five disabled veterans to participate in the program. The Department may use funds generated from receipts for continuation or expansion of the program beyond the 2016‑2017 fiscal year.

 

ADJUST IT BUDGETS AS NECESSARY DUE TO TRANSFER OF FUNCTIONS

SECTION 7.8.(a)  Notwithstanding G.S. 143C‑6‑4, the Office of State Budget and Management, after coordination with the Department of Information Technology, the Department of Environmental Quality, the Department of Natural and Cultural Resources, and the Fiscal Research Division, may adjust information technology budgets, as appropriate, within the Department of Natural and Cultural Resources and the Department of Environmental Quality.

SECTION 7.8.(b)  Notwithstanding G.S. 143C‑6‑4, the Office of State Budget and Management, after coordination with the Department of Information Technology, the Department of Military and Veterans Affairs, the Department of Administration, and the Fiscal Research Division, may adjust information technology budgets, as appropriate, within the Department of Military and Veterans Affairs and the Department of Administration.

SECTION 7.8.(c)  All information technology budget adjustments authorized by this section shall be completed by December 1, 2016, and shall be reflected in the base budget for the 2017‑2019 fiscal biennium. Adjustments may be made only for the information technology budgets of the Department of Environmental Quality and the Department of Natural and Cultural Resources, and the Department of Military and Veterans Affairs and the Department of Administration, respectively, for the purposes stated in this section.

SECTION 7.8.(d)  The Office of State Budget and Management shall report any adjustments made pursuant to this section to the Joint Legislative Oversight Committee on Information Technology, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the Joint Legislative Oversight Committee on General Government, and the Fiscal Research Division on or before January 15, 2017.

 

DATA CENTER CONSOLIDATION EXEMPTION FOR CLOUD‑BASED SOLUTIONS

SECTION 7.9.  Section 7.9(b) of S.L. 2015‑241 reads as rewritten:

"SECTION 7.9.(b)  State agencies shall use the State infrastructure to host their projects, services, data, and applications, except that the State Chief Information Officer may grant an exception if the State agency demonstrates any of the following:

(1)        Using an outside contractor would be more cost effective for the State.

(2)        The Department of Information Technology does not have the technical capabilities required to host the application.

(3)        Valid security requirements preclude the use of State infrastructure, and a vendor can provide a more secure environment.

With the prior approval of the State Chief Information Officer, applications that are natively or commercially sold and delivered as cloud‑based solutions are not subject to the requirements of this subsection."

 

ENTERPRISE RESOURCE PLANNING DESIGN AND IMPLEMENTATION

SECTION 7.10.(a)  The Department of Information Technology, in coordination with the Office of the State Controller and the Office of State Budget and Management, shall conduct the planning and design of an enterprise resource planning system (ERP) for State agencies by utilizing business process reengineering to identify and organize processes and workflow in order to prioritize and link work activities to realize efficiencies and organize around outcomes. The ERP system shall address, at a minimum, core financial management, grants, assets and inventory, fleet management, and human resource management. A request for proposal for a replacement system implementation shall be prepared for release no later than July 1, 2017. The Department may use savings generated through efficiencies gained from transition of participating agencies to the Department and overall Department operations, including procurement, to fund the project.

SECTION 7.10.(b)  The Department of Information Technology shall submit a report to the Joint Legislative Oversight Committee on Information Technology on or before January 15, 2017. The report shall identify results from the business process reengineering efforts for State agencies and shall include at least all of the following:

(1)        Proposed sequence of functional and site implementation.

(2)        A phased‑in contracting plan with checkpoints to facilitate budgeting and program management.

(3)        The feasibility of a cloud‑based component.

(4)        Cost estimate for full implementation.

(5)        Detailed information relating to project funding from the savings generated through efficiencies gained from agency transition and overall Department operations.

 

COMMUNITY COLLEGES SYSTEM ERP DESIGN AND IMPLEMENTATION

SECTION 7.10A.(a)  The North Carolina Community Colleges System Office, in consultation with the Department of Information Technology, shall begin planning and design of a modernized ERP for the State's 58 community colleges. The ERP system shall address, at a minimum, student information system, core financial management, grants, human resource management, and payroll. The planning and design of the ERP system may include either a modernization of the current system or a replacement system. A request for proposal for a replacement system implementation shall be prepared for release no later than October 1, 2017. The North Carolina Community Colleges System Office may use funds from the North Carolina Community College IT Systems Budget Code 26802 to support planning and request for proposal development efforts; provided, that the total amount expended for the project does not exceed one million dollars ($1,000,000). To the extent that these funds have not been appropriated for the 2016‑2017 fiscal year elsewhere, they are hereby appropriated.

SECTION 7.10A.(b)  The North Carolina Community Colleges System Office shall submit a report to the Joint Legislative Oversight Committee on Information Technology on or before January 15, 2017. The report shall identify the results of the planning and design effort, including at least all of the following information:

(1)        Proposed sequence of functional and site implementation.

(2)        A phased‑in contracting plan with checkpoints to facilitate budgeting and program management.

(3)        The feasibility of a cloud‑based component.

(4)        Cost estimate for full implementation.

 

AGENCY EXEMPTIONS FROM DIT OVERSIGHT

SECTION 7.11.(a)  G.S. 143B‑1325 reads as rewritten:

"§ 143B‑1325.  Transition to Department of Information Technology.

...

(c)        Participating Agencies. – The State CIO shall prepare detailed plans to transition each of the participating agencies. As the transition plans are completed, the following participating agencies shall transfer information technology personnel, operations, projects, assets, and appropriate funding to the Department of Information Technology:

(1)        Department of Natural and Cultural Resources.

(2)        Department of Health and Human Services.

(3)        Department of Revenue.

(4)        Department of Environmental Quality.

(5)        Department of Transportation.

(6)        Department of Administration.

(7)        Department of Commerce.

(8)        Governor's Office.

(9)        Office of State Budget and Management.

(10)      Office of State Human Resources.

(11)      Office of the State Controller.

(12)      Department of Military and Veterans Affairs.

(13)      Department of Public Safety, with the exception of the following:

a.         State Bureau of Investigation.

b.         State Highway Patrol.

c.         Division of Emergency Management.

The State CIO shall ensure that agencies' operations are not adversely impacted during the transition.

(d)       Report on Transition Planning. – The Department of Public Safety, theThe Community College System Office,Office and the State Board of Elections shall work with the State CIO to plan their transition to the Department. By October 1, 2018, these agencies, in conjunction with the State CIO, shall report to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on their respective transition plans.

…."

 

EXEMPT PUBLIC SAFETY DIVISIONS FROM ENTERPRISE ACTIVE DIRECTORY

SECTION 7.12.  Section 7.25 of S.L. 2015‑241 reads as rewritten:

"AGENCY USE OF ENTERPRISE ACTIVE DIRECTORY

"SECTION 7.25.(a)  On or before July 1, 2016, unless exempted by the Governor, all State agencies identified as principal departments under G.S. 143B‑6 shall become direct members of and shall use the Enterprise Active Directory. A principal department may submit to the State Chief Information Officer a written request to deviate from certain requirements of the Enterprise Active Directory, provided that any deviation shall be consistent with available funding and shall be subject to any terms and conditions specified by the State Chief Information Officer.

"SECTION 7.25.(b)  Subsection (a) of this section shall not apply to the State Bureau of Investigation, the State Highway Patrol, or the Division of Emergency Management of the Department of Public Safety."

 

GOVERNMENTAL DATA ANALYTICS CENTER/LONGITUDINAL DATA SYSTEM BOARD

SECTION 7.14.(a)  G.S. 116E‑1(1) reads as rewritten:

"(1)      "Board" means the governing board of the North Carolina Longitudinal Data System."Center" means the Governmental Data Analytics Center as established in Part 8 of Article 15 of Chapter 143B of the General Statutes."

SECTION 7.14.(b)  G.S. 116E‑4 reads as rewritten:

"§ 116E‑4.  Powers and duties of the Board.Center.

(a)        The Board Center shall have the following powers and duties:duties with respect to the System:

...

(4)        Before the use of any individual data in the System, the Board Center shall do the following:

...

b.         Develop and implement policies to comply with FERPA and any other privacy measures, as required by law or the Board.Center.

...

(9)        Establish an advisory committee on data quality to advise the Board Center on issues related to data auditing and tracking to ensure data validity.

(b)        The Board Center shall adopt rules according to Chapter 150B of the General Statutes as provided in G.S. 116E‑6 to implement the provisions of this Article.

(c)        The Board Center shall report quarterly to the Joint Legislative Education Oversight Committee, the Joint Legislative Commission on Governmental Operations, and the Joint Legislative Oversight Committee on Information Technology beginning September 30, 2013. The report shall include the following:

...

(3)        Any other recommendations made by the Board,Center, including the most effective and efficient configuration for the System."

SECTION 7.14.(c)  G.S. 116E‑6 reads as rewritten:

"§ 116E‑6.  Data sharing.

(a)        Local school administrative units, charter schools, community colleges, constituent institutions of The University of North Carolina, and State agencies shall do all of the following:

(1)        Comply with the data requirements and implementation schedule for the System as set forth by the Board.Center.

(2)        Transfer student data and workforce data to the System in accordance with the data security and safeguarding plan developed by the Board Center under G.S. 116E‑5.

(b)        Private colleges and universities, the North Carolina Independent Colleges and Universities, Inc., and nonpublic schools may transfer student data and workforce data to the System in accordance with the data security and safeguarding plan developed by the Board under G.S. 116E‑5."

SECTION 7.14.(d)  G.S. 116E‑3, 120‑123(81), 143B‑1321(a)(31), and 143B‑1322(c)(21) are repealed.

 

PART VIII. Public Schools

 

FUNDS FOR CHILDREN WITH DISABILITIES

SECTION 8.1.  The State Board of Education shall allocate additional funds for children with disabilities on the basis of three thousand nine hundred eighty‑five dollars and fifty‑three cents ($3,985.53) per child. Each local school administrative unit shall receive funds for the lesser of (i) all children who are identified as children with disabilities or (ii) twelve and one‑half percent (12.5%) of its 2016‑2017 allocated average daily membership in the local school administrative unit. The dollar amounts allocated under this section for children with disabilities shall also be adjusted in accordance with legislative salary increments, retirement rate adjustments, and health benefit adjustments for personnel who serve children with disabilities.

 

FUNDS FOR ACADEMICALLY GIFTED CHILDREN

SECTION 8.2.  Section 8.2 of S.L. 2015‑241 reads as rewritten:

"SECTION 8.2. The State Board of Education shall allocate additional funds for academically or intellectually gifted children on the basis of one thousand two hundred eighty dollars and seventy cents ($1,280.70) per child for fiscal years year 2015‑2016 and one thousand two hundred ninety‑five dollars and twenty‑seven cents ($1,295.27) per child for fiscal year 2016‑2017. A local school administrative unit shall receive funds for a maximum of four percent (4%) of its 2015‑2016 allocated average daily membership, membership for the 2015‑2016 fiscal year and a maximum of four percent (4%) of its 2016‑2017 allocated average daily membership for the 2016‑2017 fiscal year, regardless of the number of children identified as academically or intellectually gifted in the unit. The dollar amounts allocated under this section for academically or intellectually gifted children shall also be adjusted in accordance with legislative salary increments, retirement rate adjustments, and health benefit adjustments for personnel who serve academically or intellectually gifted children."

 

SMALL COUNTY SUPPLEMENTAL FUNDS ELIGIBILITY

SECTION 8.4.  Section 8.4 of S.L. 2015‑241 reads as rewritten:

"SMALL SCHOOL SYSTEM SUPPLEMENTAL FUNDING

"SECTION 8.4.(b)  Phase‑Out Provision for the 2015‑2016 Fiscal Year. – If a local school administrative unit becomes ineligible for funding under the schedule in subsection (a) of this section in the 2015‑2016 fiscal year, funding for that unit shall be phased out over a five‑year period. Funding for such local school administrative units shall be reduced in equal increments in each of the five years after the unit becomes ineligible. Funding shall be eliminated in the fifth fiscal year after the local school administrative unit becomes ineligible.

Allotments for eligible local school administrative units under this subsection shall not be reduced by more than twenty percent (20%) of the amount received in fiscal year 2014‑2015 in any fiscal year. A local school administrative unit shall not become ineligible for funding if either the higher of the first two months total projected average daily membership for the current year or the higher of the first two months total prior year average daily membership would otherwise have made the unit eligible for funds under the schedule in subsection (a) of this section.

"SECTION 8.4.(c)  Phase‑Out Provision for the 2016‑2017 Fiscal Year. – If a local school administrative unit becomes ineligible for funding under the schedule in subsection (a) of this section in the 2016‑2017 fiscal year, funding for that unit shall be phased out over a five‑year period. Funding for such local school administrative units shall be reduced in equal increments in each of the five years after the unit becomes ineligible. Funding shall be eliminated in the fifth fiscal year after the local administrative unit becomes ineligible.

Allotments for eligible local school administrative units under this subsection shall not be reduced by more than twenty percent (20%) of the amount received in fiscal year 2015‑2016 in any fiscal year. A local school administrative unit shall not become ineligible for funding if either the higher of the first two months total projected average daily membership for the current year or the higher of the first two months total prior year average daily membership would otherwise have made the unit eligible for funds under the schedule in subsection (a) of this section.

...."

 

DRIVERS EDUCATION PROGRAM FUNDS

SECTION 8.5.  Section 8.39(h) of S.L. 2015‑241 reads as rewritten:

"SECTION 8.39.(h)  Subsections (a), (b), and (c) of this section are effective July 1, 2016, and apply beginning with the 2016‑2017 school year. Subsections (a), (b), and (c) of this section are repealed effective December 31, 2017. The remainder of this section is effective when this act becomes law."

 

TEACHER COMPENSATION MODELS AND ADVANCED TEACHING ROLES

SECTION 8.7.(a)  Purpose. – The State Board of Education shall establish a three‑year pilot program (pilot) to develop advanced teaching roles and organizational models that link teacher performance and professional growth to salary increases in selected local school administrative units for classroom teachers. For the purposes of this section, a classroom teacher is a teacher who works in the classroom providing instruction at least seventy percent (70%) of the instructional day and who is not instructional support personnel. The purpose of the pilot shall be to do the following:

(1)        Allow highly effective classroom teachers to teach an increased number of students by assuming accountability for additional students, by becoming a lead classroom teacher accountable for the student performance of all of the students taught by teachers on that lead classroom teacher's team, or by leading a larger effort in the school to implement new instructional models to improve school‑wide performance.

(2)        Enable local school administrative units to provide salary supplements to classroom teachers in advanced teaching roles. Selection of an advanced teaching role classroom teacher and award of related salary supplements shall be made on the basis of demonstrated effectiveness and additional responsibilities.

(3)        Enable local school administrative units to create innovative compensation models that focus on classroom teacher professional growth and student outcomes.

(4)        Utilize local plans to establish organizational changes related to compensation in order to sustain evidenced‑based teaching practices that have the capacity to be replicated throughout the State.

SECTION 8.7.(b)  Request for Proposal. – By September 15, 2016, the State Board of Education shall issue a Request for Proposal (RFP) for the pilot. Local boards of education shall submit their proposals by October 15, 2016. The RFP shall require that proposals include the following information at a minimum:

(1)        Description of the program structure, including the process for teacher advancement based on performance, professional growth, or the specific teacher roles assumed by the teacher.

(2)        Descriptions of the advanced teaching roles, including minimum qualifications for the positions that must include at least one of the following:

a.         Advanced certifications, such as National Board for Professional Teaching Standards Certification, or a master's degree in the area in which the classroom teacher is licensed and teaching.

b.         A rating of at least accomplished on each of the Teacher Evaluation Standards 1‑5 on the North Carolina Teacher Evaluation instrument or the equivalent on an out‑of‑state evaluation system.

c.         Evidence that the teacher has exceeded expected student growth based on three years of teacher evaluation data as calculated by the State Board of Education.

d.         Equivalent demonstrated mastery of teaching skills as required by the new local compensation model.

(3)        Job responsibilities that include at least one of the following:

a.         Teaching an increased number of students and being accountable for their performance as the teacher of record for those students.

b.         Becoming a lead classroom teacher among a group of teachers and being the teacher of record for all students taught by that group of teachers.

c.         Leading a school‑wide effort to implement data‑driven instructional models that include blended learning environments, utilizing digital learning and resources, and focusing on methods of improvement for school‑wide performance issues.

d.         Completing training that certifies the teacher as an in‑house provider of professional development or functioning as an instructional content area coach or a coach in another professional development area.

(4)        Description of how the local school administrative unit will inform all employees and the public on the criteria and selection for the advanced teaching roles, the continued eligibility requirements for the advanced teaching roles, and how the individuals selected for the advanced teaching roles will be evaluated.

(5)        Description of how the local school administrative unit will inform all employees and the public on the criteria for movement on the proposed new local compensation model.

(6)        The process for the voluntary relinquishment of an advanced teaching role, including the associated additional duties. Voluntary relinquishment of the advanced teaching role shall not be considered a demotion under Part 3 of Article 22 of Chapter 115C of the General Statutes.

(7)        Salary supplement information including the following:

a.         The amount of the salary supplements that will be provided to those selected for the advanced teaching roles. The supplements may be up to thirty percent (30%) of the State teacher salary schedule.

b.         A statement by the local school administrative unit that the salary supplements will be paid as a supplement to the classroom teacher's regular salary and not be included in the average salary calculation used for budgeting State allotments.

c.         A statement by the local school administrative unit that if a classroom teacher in an advanced teaching role (i) fails to maintain the minimum criteria established for the position, (ii) is not successfully performing the additional duties associated with the advanced teaching role, or (iii) voluntarily relinquishes the advanced teaching role, the teacher shall only be paid the salary applicable to that individual on the State teacher salary schedule and any other local supplements that would otherwise apply to the classroom teacher's compensation.

d.         The amount of the salary supplements at all levels of the proposed new local school administrative unit compensation model in relation to the State teacher salary schedule.

(8)        The implementation plan, including the number of schools in the local school administrative unit that will have advanced teaching roles and any new proposed compensation model, the number of advanced teaching roles at each of those schools, the number of students whose teacher of record will be a teacher in an advanced teaching role, and the number of teachers overall who would be eligible for the proposed new local school administrative unit compensation model.

(9)        Plans for financial sustainability once any grant money that may be awarded to the local school administrative unit is no longer available.

SECTION 8.7.(c)  Selection by State Board of Education. – By December 15, 2016, the State Board of Education shall review the proposals submitted by local boards of education and shall select up to 10 local school administrative units as follows:

(1)        Up to five local school administrative units with an average daily membership (ADM) equal to or less than 4,000.

(2)        Up to three local school administrative units with an ADM of 4,001 to 20,000.

(3)        Up to two local school administrative units with an ADM of 20,001 or more.

SECTION 8.7.(d)  Pilot Implementation. The selected local school administrative units shall implement their approved pilots beginning with the 2017‑2018 school year and ending with the 2019‑2020 school year. The local board of education for each selected pilot local school administrative unit shall provide any requested information and access to the independent research organization selected by the State Board of Education to evaluate the pilots pursuant to subsection (f) of this section.

SECTION 8.7.(e)  Use of Grant Funds. – Funds awarded to local school administrative units shall be used for any of the following:

(1)        Salary supplements for advanced teaching roles.

(2)        Development of advanced teaching role plans.

(3)        Development of professional development courses.

(4)        Transition costs associated with designing and implementing advanced teaching role models in schools within the local school administrative unit. Transition costs may include employing staff members or contractors to assist with design and implementation of the pilot plan.

(5)        Development of the design and implementation of compensation plans that focus on teacher professional growth and student outcomes and the transition costs associated with designing and implementing new compensation plans, including employing staff members or contractors to assist with design and implementation of the pilot plan.

SECTION 8.7.(f)  Pilot Evaluation. – The State Board of Education shall contract with an independent research organization to evaluate how the advanced teaching roles and new compensation plan pilots have accomplished, at a minimum, the following:

(1)        Improvement in the quality of classroom instruction and increases in school‑wide growth.

(2)        An increase in the attractiveness of teaching.

(3)        Recognition, impact, and retention of high‑quality classroom teachers.

(4)        Assistance to and retention of beginning classroom teachers.

(5)        Improvement in and expansion of the use of technology and digital learning.

The independent research organization shall report annually beginning October 15, 2017, until the conclusion of the pilot to the State Board on all aspects of the implementation and evaluation of the pilot. The independent research organization shall also evaluate, as part of the annual report, the existing Project LIFT, Inc., program in Charlotte‑Mecklenburg Schools, and the proposed Project Advance in Chapel Hill‑Carrboro City Schools, if that project is implemented. The State Board shall provide the annual report to the offices of the President Pro Tempore of the Senate and the Speaker of the House of Representatives, the Senate Appropriations/Base Budget Committee, the House Committee on Appropriations, the Senate Appropriations Committee on Education/Higher Education, the House Appropriations Committee on Education, the Fiscal Research Division, and the Joint Legislative Education Oversight Committee.

SECTION 8.7.(g)  Of the funds appropriated to the Department of Public Instruction by this act for the 2016‑2017 fiscal year to support teacher compensation models and advanced teaching roles, the Department may use up to two hundred thousand dollars ($200,000) for the State Board of Education to contract with an independent research organization for the pilot evaluations. Any remaining funds may be used to award funds to selected local school administrative units for the implementation of the pilots in accordance with this section. Funds appropriated to the Department of Public Instruction for the 2016‑2017 fiscal year for the pilot shall not revert at the end of the fiscal year but shall remain available until expended.

SECTION 8.7.(h)  It is the intent of the General Assembly to appropriate from the General Fund to the Department of Public Instruction for the 2017‑2018 fiscal year the sum of nine million eight hundred thousand dollars ($9,800,000) for the award of funds to selected local school administrative units for the pilots in accordance with this section. Funds awarded to the local school administrative units shall be awarded in proportion to the current expenditure of the pilot local school administrative unit on teacher salaries.

SECTION 8.7.(i)  Flexibility for Local School Administrative Units. – Notwithstanding G.S. 115C‑301, local school administrative units receiving grants under this program may exceed the maximum class size requirements for kindergarten through third grade.

 

ADVANCED PLACEMENT/INTERNATIONAL BACCALAUREATE TEACHER BONUS PILOT PROGRAM

SECTION 8.8.(a)  The State Board of Education shall establish the Advanced Placement/International Baccalaureate Pilot Program (pilot program) to reward advanced course teacher performance and to encourage student learning and improvement. To attain this goal, the Department of Public Instruction shall administer bonus pay for two school years to licensed teachers of advanced courses, beginning with data from the 2015‑2016 school year, in accordance with the following:

(1)        A bonus in the amount of fifty dollars ($50.00) for each student taught by an advanced course teacher in each advanced course who receives the following score:

a.         For Advanced Placement courses, a score of three or higher on the College Board Advanced Placement Examination.

b.         For International Baccalaureate Diploma Programme courses, a score of four or higher on the International Baccalaureate course examination.

(2)        No teacher shall be awarded a bonus pursuant to this subsection that exceeds two thousand dollars ($2,000) in any given school year. The bonus awarded to a teacher pursuant to this subsection shall be in addition to any regular wage or other bonus the teacher receives or is scheduled to receive.

(3)        For advanced course scores collected from the 2015‑2016 school year and the 2016‑2017 school year, bonuses awarded pursuant to this subsection are payable in January 2017 and January 2018, respectively, to qualifying advanced course teachers who remain employed teaching advanced courses in the same local school administrative unit at least from the school year the data is collected until the corresponding school year that the bonus is paid.

SECTION 8.8.(b)  For the purposes of this section, an "advanced course" shall mean an Advanced Placement or International Baccalaureate Diploma Programme course. 

SECTION 8.8.(c)  Notwithstanding G.S. 135‑1(7a), the compensation bonuses awarded under this section are not compensation under Article 1 of Chapter 135 of the General Statutes, the Teachers' and State Employees' Retirement System.

SECTION 8.8.(d)  The State Board of Education shall report on and study the pilot program as follows:

(1)        The State Board shall report on the amount of bonuses awarded to advanced course teachers, including the amount awarded for Advanced Placement courses and the amount awarded for International Baccalaureate Diploma Programme courses, to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Fiscal Research Division by March 15, 2017, and again by March 15, 2018.

(2)        The State Board shall study the effect of the pilot program on advanced course teacher performance and retention. The State Board shall report the results of its findings to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Fiscal Research Division, and the Joint Legislative Education Oversight Committee by March 15, 2018.

SECTION 8.8.(e)  For the 2017‑2018 fiscal year only, the Director of the Budget shall also include in the base budget, as defined by G.S. 143C‑1‑1(d)(1c), the amount of nonrecurring funds needed to support the pilot program.

SECTION 8.8.(f)  This section expires June 30, 2018.

 

INDUSTRY CERTIFICATIONS AND CREDENTIALS TEACHER BONUS PILOT PROGRAM

SECTION 8.9.(a)  The State Board of Education, in collaboration with the Department of Commerce, shall establish the Industry Certifications and Credentials Teacher Bonus Pilot Program (pilot program) to reward the performance of teachers who teach students earning approved industry certifications or credentials consistent with G.S. 115C‑156.2 and to encourage student learning and improvement. To attain this goal, the Department of Public Instruction shall administer bonus pay for two school years to teachers who teach students earning approved industry certifications or credentials, beginning with data from the 2015‑2016 school year, in accordance with the following:

(1)        For teachers who provide direct instruction to students, bonuses shall be provided in the following amounts:

a.         A bonus in the amount of twenty‑five dollars ($25.00) for each student taught by a teacher who provided instruction in a course that led to the attainment of an industry certification or credential with a twenty‑five‑dollar ($25.00) value ranking as determined under subdivision (3) of this subsection.

b.         A bonus in the amount of fifty dollars ($50.00) for each student taught by a teacher who provided instruction in a course that led to the attainment of an industry certification or credential with a fifty‑dollar ($50.00) value ranking as determined under subdivision (3) of this subsection.

(2)        No teacher shall be awarded a bonus pursuant to this subsection that exceeds two thousand dollars ($2,000) in any given school year. The bonus awarded to a teacher pursuant to this subsection shall be in addition to any regular wage or other bonus the teacher receives or is scheduled to receive.

(3)        The Department of Commerce, in consultation with the State Board, shall assign a value ranking for each industry certification and credential based on academic rigor and employment value in accordance with this subdivision. Fifty percent (50%) of the ranking shall be based on academic rigor and the remaining fifty percent (50%) on employment value. Academic rigor and employment value shall be based on the following elements:

a.         Academic rigor shall be based on the number of instructional hours, including work experience or internship hours, required to earn the industry certification or credential, with extra weight given for coursework that also provides community college credit.

b.         Employment value shall be based on the entry wage, growth rate in employment for each occupational category, and average annual openings for the primary occupation linked with the industry certification or credential.

(4)        For data on courses leading to student attainment of industry certifications and credentials collected from the 2015‑2016 school year and the 2016‑2017 school year, bonuses awarded pursuant to this subsection are payable in January 2017 and January 2018, respectively, to qualifying teachers who remain employed teaching students earning approved industry certifications or credentials in the same local school administrative unit at least from the school year the data is collected until the corresponding school year that the bonus is paid.

SECTION 8.9.(b)  Notwithstanding G.S. 135‑1(7a), the compensation bonuses awarded under this section are not compensation under Article 1 of Chapter 135 of the General Statutes, the Teachers' and State Employees' Retirement System.

SECTION 8.9.(c)  The State Board of Education shall report on and study the pilot program as follows:

(1)        The State Board shall report on the amount of bonuses awarded to teachers who teach students earning approved industry certifications or credentials and the type of industry certifications and credentials earned by their students to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Fiscal Research Division by March 15, 2017, and again by March 15, 2018.

(2)        The State Board shall study the effect of the pilot program on teacher performance and retention. The State Board shall report the results of its findings to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Fiscal Research Division, and the Joint Legislative Education Oversight Committee by March 15, 2018.

SECTION 8.9.(d)  For the 2017‑2018 fiscal year only, the Director of the Budget shall also include in the base budget, as defined by G.S. 143C‑1‑1(d)(1c), the amount of nonrecurring funds needed to support the pilot program.

SECTION 8.9.(e)  This section expires June 30, 2018.

 

CERTAIN CIHS OPERATING WITHOUT ADDITIONAL FUNDS

SECTION 8.11.  Beginning with the 2016‑2017 school year and for subsequent school years thereafter, notwithstanding G.S. 115C‑238.51A(c) and G.S. 115C‑238.54, Alamance‑Burlington Early College, Alexander Early College, Cabarrus Early College of Technology, Camden Early College, Chatham County School of Science and Engineering, City of Medicine Cooperative Innovative High School, Gaston Early College High School, Hillside New Tech Cooperative Innovative High School, Johnston County Career and Technical Academy, Northampton County New Tech Early College, Person Early College for Innovation and Leadership, Stanly County School of Engineering and Design, and Wayne School of Engineering at Goldsboro High School shall be permitted to operate in accordance with G.S. 115C‑238.53 and G.S. 115C‑238.54 as cooperative innovative high schools approved under G.S. 115C‑238.51A(c) and shall be subject to the evaluation requirements of G.S. 115C‑238.55.

 

REPORT FOR SCHOOLS FOR STUDENTS WITH VISUAL AND HEARING IMPAIRMENTS/FOREIGN EXCHANGE STUDENTS

SECTION 8.12.(a)  Article 9C of Chapter 115C of the General Statutes is amended by adding a new section to read:

"§ 115C‑150.15.  Reporting to residential schools on deaf and blind children.

(a)        Request for Consent. – Local superintendents shall require that the following request for written consent be presented to parents, guardians, or custodians of any hearing impaired or visually impaired children no later than October 1 of each school year: "North Carolina provides three public residential schools serving visually and hearing impaired students: the Governor Morehead School for the Blind, the Eastern North Carolina School for the Deaf, and the North Carolina School for the Deaf. Do you consent to the release of your contact information and information regarding your child and his or her impairment to these schools so that you can receive more information on services offered by those campuses?"

(b)        Annual Report to Residential Schools. – Local superintendents shall report by November 30 each year the names and addresses of parents, guardians, or custodians of any hearing impaired or visually impaired children who have given written consent to the directors of the Governor Morehead School for the Blind, the Eastern North Carolina School for the Deaf, and the North Carolina School for the Deaf. The report shall include the type of disability of each child, including whether the hearing and visual impairments range from partial to total disability, and if the child has multiple disabilities with the visual or hearing impairment not identified as the primary disability of the student. The report shall also be made to the Department of Public Instruction.

(c)        Confidentiality of Records. – The directors of the Governor Morehead School for the Blind, the Eastern North Carolina School for the Deaf, and the North Carolina School for the Deaf shall treat any information reported to the schools by a local superintendent under subsection (b) of this section as confidential, except that a director or the director's designee may contact the parents, guardians, or custodians of any hearing impaired or visually impaired children whose information was included in the report. The information shall not be considered a public record under G.S. 132‑1."

SECTION 8.12.(b)  G.S. 115C‑150.14 reads as rewritten:

"§ 115C‑150.14.  Tuition and room and board.

(a)        Only children who are residents of North Carolina are entitled to free tuition and room and board at a school governed by this Article.

(b)        A school governed by this Article may enroll a foreign exchange student and shall charge the student the full, unsubsidized per capita cost of providing education at the school for the period of the student's attendance. A school that seeks to enroll foreign exchange students under this section shall submit a plan prior to enrolling any of those students to the State Board of Education for approval, including the proposed costs to be charged to the students for attendance and information on compliance with federal law requirements. For the purposes of this section, a foreign exchange student is a student who is domiciled in a foreign country and has come to the United States on a valid, eligible student visa.

(c)        Notwithstanding subsection (b) of this section, foreign exchange students who have obtained the status of nonimmigrants pursuant to the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(F) may only be enrolled in a school governed by this Article in grades nine through 12 for a maximum of 12 months at the school."

SECTION 8.12.(c)  This section applies beginning with the 2016‑2017 school year. Local superintendents shall present the consent form to parents, guardians, or custodians of any hearing impaired or visually impaired children required by subsection (a) of this section by October 1, 2016, and shall make the first report required under subsection (a) of this section no later than November 30, 2016.

 

VIRTUAL CHARTER SCHOOL CHANGES

SECTION 8.13.(a)  Section 8.35(c) of S.L. 2014‑100 reads as rewritten:

"SECTION 8.35.(c)  In addition to the operating requirements applicable to a virtual charter school participating in the pilot program pursuant to Part 6A of Article 16 of Chapter 115C of the General Statutes, the following requirements shall apply to a participating virtual charter school:

(1)        The school shall maintain an administrative office within North Carolina. In addition, the school shall maintain at least one testing center or meeting place within each of the eight State Board of Education districts where the participating students reside, to allow educators and administrators from the school to meet students and parents. When utilizing the testing center or meeting place for test administration, the school is permitted to do the following:

a.         Administer tests to multiple grade levels at the same time and location.

b.         Contract with a test administrator who is not employed by the board of directors of the school and meets the following criteria:

1.         Holds a valid, North Carolina educator license.

2.         Passes a criminal history check as defined in G.S. 115C‑332(a)(1) performed by the school.

3.         Is trained on test administration in accordance with the North Carolina Testing Program.

(2)        If the school contracts with a third party for the provision of administrative staff, such staff fulfilling the equivalent positions of superintendent, principal, or business officer shall be residents of North Carolina.

(3)        All teaching staff shall carry the appropriate State certification to instruct any course and shall receive professional development in virtual instruction pursuant to the school's application to the State Board of Education to participate in the pilot program within 30 days of the employee's date of hire. At least ninety percent (90%)eighty percent (80%) of the teaching staff shall reside within North Carolina.

(4)        The school shall have a withdrawal rate below twenty‑five percent (25%). A student who meets any of the following criteria shall not be counted in measuring the school's withdrawal rate:

a.         A student enrolled in a school with the intent expressed prior to enrollment of only being enrolled for a finite period of time within the school year shall not be counted in the measured withdrawal rate.year. The school shall keep a written record of a student's stated intent for finite enrollment.

b.         A student who is withdrawn from the school pursuant to subdivision (3) of subsection (b) of this section.

c.         A student who is no longer qualified under the laws of this State for admission to a public school in North Carolina, including due to the student relocating to another state.

d.         A student who (i) withdraws from the school for a family, personal, or medical reason and (ii) notifies the school of the reason for withdrawal. The school shall keep a written record of a student's stated reason for withdrawal under this sub‑subdivision.

e.         A student who withdraws from the school within the first 30 days following the date of the student's enrollment.

(4a)      A count of school attendance shall be taken at least once during each semester for funding purposes.

(5)        The school shall ensure that each student is assigned a learning coach. The learning coach shall provide (i) daily support and supervision of students, (ii) ensure student participation in online lessons, and (iii) coordinate teacher‑led instructional sessions and State assessments."

SECTION 8.13.(b)  This section applies beginning with the 2016‑2017 school year.

 

SCHOOL BUSINESS SYSTEM MODERNIZATION

SECTION 8.15.(a)  The State Board of Education shall collaborate with the Friday Institute for Educational Innovation at North Carolina State University (Friday Institute) to develop a plan to modernize the systems used by the Department of Public Instruction, Financial and Business Services Division, to manage and deliver funds and technical support services to local school administrative units and charter schools. This process shall include modernization of the Division's systems for student information management, financial and payroll information, human resources information, and capital and repairs and renovations planning information.

SECTION 8.15.(b)  By May 15, 2017, the State Board of Education shall report to the Joint Legislative Education Oversight Committee on the plan developed in accordance with this section for modernization of the systems used by the Financial and Business Services Division. The plan shall include the scope of work necessary to procure and transition the systems, an estimate of the costs of modernization of the systems, and a time line for implementation.

SECTION 8.15.(c)  By October 1, 2017, the Department of Public Instruction, in collaboration with the Friday Institute, local school administrative units, and charter schools, shall issue a Request for Proposal to outside vendors and entities for implementation of the plan.

 

INTERNATIONAL EXCHANGE TEACHER FUNDS

SECTION 8.16.  G.S. 115C‑105.25(b)(5a) reads as rewritten:

"(5a)    Positions allocated for classroom teachers may be converted to dollar equivalents to contract for visiting international exchange teachers.teachers through a visiting international exchange teacher program approved by the State. These positions shall be converted at the statewide average salary for classroom teachers, including benefits. The converted funds shall be used only to provide visiting international exchange teachers with salaries commensurate with their experience levels, to provide any State‑approved bonuses, and to cover the costs associated with bringingsupporting visiting international exchange teachers towithin the local school administrative unit through a State‑approved visiting international exchange teacher program and supporting the visiting exchange teachers.unit, including programming and related activities, background checks, medical coverage, and other program administration services in accordance with the federal regulations for the Exchange Visitor Program, 22 C.F.R. Part 62."

 

K‑12 CYBERSECURITY STUDY

SECTION 8.17.  The Department of Public Instruction shall conduct a study on cybersecurity in North Carolina public schools, including charter schools. As part of the study, the Department may request local school administrative units and charter schools to submit a summary of their current policies and procedures on cybersecurity practices and procedures to protect student and employee personally identifiable data. By December 15, 2016, the Department shall report the results of the study to the General Assembly in accordance with G.S. 120‑29.5.

 

MODIFY SCHOOL PERFORMANCE GRADES SCALE FOR THREE SCHOOL YEARS

SECTION 8.19.  Notwithstanding G.S. 115C‑83.15(d), for the 2016‑2017 school year, the 2017‑2018 school year, and the 2018‑2019 school year only, for all schools the total school performance score shall be converted to a 100‑point scale and used to determine a school performance grade based on the following scale:

(1)        A school performance score of at least 85 is equivalent to an overall school performance grade of A.

(2)        A school performance score of at least 70 is equivalent to an overall school performance grade of B.

(3)        A school performance score of at least 55 is equivalent to an overall school performance grade of C.

(4)        A school performance score of at least 40 is equivalent to an overall school performance grade of D.

(5)        A school performance score of less than 40 is equivalent to an overall school performance grade of F.

 

PILOT PROGRAM TO RAISE THE HIGH SCHOOL DROPOUT AGE FROM SIXTEEN TO EIGHTEEN

SECTION 8.21.(a)  Notwithstanding any provisions in Part 1 of Article 26 of Chapter 115C of the General Statutes, G.S. 7B‑1501(27), 115C‑238.66(3), 116‑235(b)(2), and 143B‑805(20) to the contrary, the State Board of Education shall authorize the Hickory Public Schools, the Newton‑Conover City Schools, and the Rutherford County Schools to establish and implement a pilot program pursuant to this section to increase the high school dropout age from 16 years of age to the completion of the school year coinciding with the calendar year in which a student reaches 18 years of age, unless the student has previously graduated from high school. The pilot program may be implemented beginning with the 2016‑2017 school year and may continue for subsequent school years following the end of the 2015‑2017 fiscal biennium.

SECTION 8.21.(b)  For the purposes of implementing the pilot program authorized by this section, a local school administrative unit that is participating in the pilot program shall have the authority to provide that, if the principal or the principal's designee determines that a student's parent, guardian, or custodian, or a student who is 18 years of age, has not made a good‑faith effort to comply with the compulsory attendance requirements of the pilot program, the principal shall notify the district attorney and, if the student is less than 18 years of age, the director of social services of the county where the student resides. If the principal or the principal's designee determines that a parent, guardian, or custodian of a student less than 18 years of age has made a good‑faith effort to comply with the law, the principal may file a complaint with the juvenile court counselor pursuant to Chapter 7B of the General Statutes that the student is habitually absent from school without a valid excuse. Upon receiving notification by the principal or the principal's designee, the director of social services shall determine whether to undertake an investigation under G.S. 7B‑302.

SECTION 8.21.(c)  The local boards of education of the participating local school administrative units shall prescribe specific rules to address under what circumstances a student who is 18 years of age who is required to attend school as part of the pilot program shall be excused from attendance, including if the student has attained a high school equivalency certificate or a student has enlisted as a member of the Armed Forces.

SECTION 8.21.(d)  For the purposes of implementing the pilot program authorized by this section, any (i) parent, guardian, or other person having charge or control of a student enrolled in a school located within a participating local school administrative unit and (ii) student who is 18 years of age enrolled in a school located within a participating local school administrative unit who violates the compulsory attendance provisions of the pilot program without a lawful exception recognized under Part 1 of Article 26 of Chapter 115C of the General Statutes or the provisions of this section shall be guilty of a Class 1 misdemeanor.

SECTION 8.21.(e)  If an affidavit is made by the student, parent of the student, or by any other person that any student who is required to attend school under the requirements of the pilot program is not able to attend school by reason of necessity to work or labor for the support of himself or herself or the support of the family, then the school social worker of the applicable school located within the participating school administrative unit shall diligently inquire into the matter and bring it to the attention of an appropriate court, depending on the age of the student. The court shall proceed to find whether as a matter of fact the student is unable to attend the school or such parents, or persons standing in loco parentis, are unable to send the student to school for the term of compulsory attendance for the reasons given. If the court finds, after careful investigation, that the student or the parents have made or are making a bona fide effort to comply with the compulsory attendance law, and by reason of illness, lack of earning capacity, or any other cause which the court may deem valid and sufficient, the student is unable to attend school, then the court shall find and state what help is needed for the student or family to enable compliance with the attendance requirements under the pilot program.

SECTION 8.21.(f)  Each local school administrative unit may use any funds available to it to implement the pilot program in accordance with this section to (i) employ up to three additional teachers and (ii) fund additional student‑related costs, such as transportation and technology costs, including additional computers, to serve a greater number of students as a result of the pilot program. Each local school administrative unit may also use any funds available to it to operate a night school program for students at risk of dropping out of high school. For Hickory Public Schools and Newton‑Conover City Schools, to the extent possible, the local school administrative units shall partner with Catawba Valley Community College in administering the pilot program. For Rutherford County Schools, to the extent possible, the local school administrative unit shall partner with Isothermal Community College in administering the pilot program.

SECTION 8.21.(g)  The local school administrative units, in collaboration with the State Board of Education, shall report to the Joint Legislative Education Oversight Committee, the House Appropriations Subcommittee on Education, and the Senate Appropriations Committee on Education/Higher Education by January 15, 2018, and by January 15 of each even‑numbered year thereafter until the end of the operation of the pilot programs. The report shall include at least all of the following information:

(1)        An analysis of the graduation rate in each local school administrative unit and the impact of the pilot program on the graduation rate.

(2)        The teen crime statistics for Catawba County and for Rutherford County.

(3)        The number of reported cases of violations of compulsory attendance laws in Catawba County and Rutherford County and the disposition of those cases.

(4)        Implementation of enforcement mechanisms for violations of the compulsory attendance requirements of the pilot program, including the imposition of criminal penalties.

(5)        The number of at‑risk students served in any night programs established as part of the pilot program and student graduation and performance outcomes for those students.

(6)        All relevant data to assist in determining the effectiveness of the program and specific legislative recommendations, including the continuation, modification, or expansion of the program statewide.

SECTION 8.21.(h)  The State Board of Education shall not authorize a pilot program under subsection (a) of this section in Catawba County except upon receipt of a copy of a joint resolution adopted by the boards of education for the Hickory Public Schools and the Newton‑Conover City Schools setting forth a date to begin establishment and implementation of the pilot program. The State Board of Education shall not authorize a pilot program under subsection (a) of this section in Rutherford County except upon receipt of a copy of a resolution adopted by the board of education for the Rutherford County Schools setting forth a date to begin establishment and implementation of the pilot program.

 

DIGITAL LEARNING PLAN FUNDS

SECTION 8.23.  The State Board of Education shall collaborate with the Friday Institute for Educational Innovation at North Carolina State University to continue the progress in implementing the Digital Learning Plan in North Carolina public schools by doing at least the following:

(1)        Coordinate the implementation of professional learning programs that support teachers and school administrators in transitioning to digital‑age learning.

(2)        Manage statewide cooperative purchasing of content, including statewide shared resources for teachers to use for lesson planning and formative student assessments.

(3)        Develop infrastructure maintenance and support protocols.

(4)        Modify and update State policies to provide the support and flexibility necessary for local digital learning innovation.

(5)        Develop and maintain a continuous improvement process.

(6)        Create assessments for technological and pedagogic skills and identify best practices from those assessments.

 

LOCAL BOARD REPORT ON SCHOOL START AND RELEASE TIMES

SECTION 8.24.(a)  G.S. 115C‑84.2 is amended by adding a new subsection to read:

"(a1)    Report on School Start and Release Times. – As part of the reporting requirements under the Uniform Education Reporting System pursuant to G.S. 115C‑12(18), each local board of education shall report to the State Board of Education on the start time and release time for each school under control of the local board of education. For the purposes of this subsection, "start time" shall mean the time of day when academic classes begin for the majority of students enrolled in the school, and "release time" shall mean the time of day when academic classes end for the majority of students enrolled in the school. Each local board of education shall also identify and include additional information in the report regarding any schools that have a start time or release time that does not conform to the definitions set forth in this subsection."

SECTION 8.24.(b)  By October 1, 2016, each local board of education shall submit an initial report to the State Board of Education as required by G.S. 115C‑84.2(a1), as enacted by this section, that includes information on the start times and release times for the 2011‑2012, 2012‑2013, 2013‑2014, 2014‑2015, 2015‑2016, and 2016‑2017 school years.

 

AFTER SCHOOL QUALITY IMPROVEMENT COMPETITIVE GRANT FUNDS FOR THIRD YEAR FOR CERTAIN RECIPIENTS

SECTION 8.25.  Section 8.29(a) of S.L. 2015‑241 reads as rewritten:

"SECTION 8.29.(a)  Of the funds appropriated by this act for the At‑Risk Student Services Alternative School Allotment for the 2015‑2017 fiscal biennium, the State Board of Education shall use up to six million dollars ($6,000,000) for the 2015‑2016 fiscal year and up to six million dollars ($6,000,000)three million two hundred fifteen thousand three hundred seventy‑one dollars ($3,215,371) for the 2016‑2017 fiscal year for the After‑School Quality Improvement Grant Program administered by the Department of Public Instruction. TheNotwithstanding any other provision of this section, the Department may use these funds to provide a second‑year or a third‑year grant to grant recipients approved under the After‑School Quality Improvement Grant Program pursuant to Section 8.19 of S.L. 2014‑100. The Department shall award third‑year grants for the 2016‑2017 fiscal year with any of the funds remaining after awarding second‑year grants to recipients approved under this section. From the funds available, a third‑year grant recipient shall be awarded a proportional share of funds based upon the amount of the second‑year grant awarded to the recipient in the prior fiscal year.

Of the funds appropriated for the program, the Department of Public Instruction may use up to two hundred thousand dollars ($200,000) for each fiscal year to administer the program."

 

ALTERNATIVE TEACHER PREPARATION

SECTION 8.27.(a)  Purpose. – The State Board of Education shall establish a Request for Proposal (RFP) for up to five local alternative teacher preparation programs (LATP programs) administered by local boards of education to prepare, support, and recommend initially licensed lateral entry teachers for continuing licensure.

SECTION 8.27.(b)  Request for Proposal. – By September 15, 2016, the State Board of Education shall issue the RFP to local boards of education. The RFP shall include the following criteria:

(1)        Program of study requirements. – At a minimum, the LATP program shall provide 150 contact hours of appropriate pedagogy and content for continued licensure in the initially licensed teacher's area of licensure that is comparable to the quality of instruction required for a traditional teacher preparation program, as provided in G.S. 115C‑296.10. Local boards of education shall include evidence of relevant partnerships with institutions of higher education, including community colleges, private two‑year colleges, and public or private colleges or universities.

(2)        Mentoring and support requirements. – At a minimum, the LATP program shall provide 150 contact hours with mentor teachers, classroom coaching, and periodic evaluations with timely feedback to each individual in the program over the initially licensed teacher's first year of employment.

(3)        Minimum program size. – The LATP program shall be administrated by a local board of education with a minimum student population of 20,000 or higher or by a coalition of local boards of education that together have a minimum student population of 20,000 or higher.

Local boards of education shall submit their proposals to the State Board by January 6, 2017. Proposals may be submitted by individual local boards of education or by coalitions of multiple local boards of education. Proposals shall contain detailed information on the estimated costs, including a cost per teacher participant and anticipated funding sources for operation of the program.

SECTION 8.27.(c)  Selection by State Board of Education. – By March 15, 2017, the State Board of Education shall review the proposals submitted by local boards of education and shall select up to five proposals for approval based on program quality, viability, and use of evidence‑based principles in program design.

SECTION 8.27.(d)  Program Implementation. – The selected LATP programs shall be implemented beginning with the 2017‑2018 school year and ending with the 2021‑2022 school year. The local board or boards of education for each selected LATP program shall provide any requested information and access to the independent research organization selected by the State Board of Education to evaluate the programs pursuant to subsection (f) of this section.

SECTION 8.27.(e)  Program Continuation. – The selected LATP programs shall meet the following annual benchmark standards:

(1)        A program shall have a completion rate of no less than seventy percent (70%) of initial enrollees.

(2)        A program shall provide the minimum contact hour requirements and other program elements contained in the proposal approved by the State Board of Education.

(3)        A program shall demonstrate an increase in retention of lateral entry teachers over the previous year's retention rate.

(4)        A program shall be fully financed by the local board of education, based on the per teacher cost estimate contained in the proposal approved by the State Board. Funding may be through public or private funds, as available.

A program that fails to meet any of the benchmark standards shall be terminated by the State Board and shall not be continued in the following school year.

SECTION 8.27.(f)  LATP Program Evaluation. – The State Board of Education shall contract with an independent research organization to evaluate how the LATP programs have accomplished, at a minimum, the following:

(1)        Recruitment of lateral entry teachers into the classroom.

(2)        Retention rates for lateral entry teachers beyond initial licensure.

(3)        Quality of classroom instruction by lateral entry teachers prepared through the LATP program as compared to those prepared by traditional teacher education programs as demonstrated by multiple measures, including student performance.

(4)        Teacher vacancy rates in local school administrative units participating in the LATP program as compared to similarly situated local school administrative units.

(5)        Funding mechanisms used to support the LATP program, including sources and stability of funding.

(6)        Recommendations regarding the continuation, expansion, or elimination of LATP programs.

The independent research organization shall report annually to the State Board beginning October 15, 2017, on the progress of local boards of education in implementing the LATP programs. The independent research organization shall submit an initial report no later than October 15, 2020, to the State Board on the implementation and evaluation of the LATP programs and shall submit a final report no later than October 15, 2022, to the State Board on all aspects of the implementation and evaluation of the LATP programs. The State Board shall provide the report to the Joint Legislative Education Oversight Committee by December 15, 2020, and by December 15 of each year thereafter through 2022.

SECTION 8.27.(g)  Issuance of Licenses. – The Department of Public Instruction shall issue a license to all individuals who (i) successfully complete LATP programs, (ii) are recommended by the local board of education, and (iii) otherwise meet licensure requirements.

SECTION 8.27.(h)  Credit for Work Successfully Completed. – If an initially licensed lateral entry teacher leaves a local board of education with a LATP program before completing the program and is hired to teach by another local board of education in the State, that teacher shall receive credit for any work successfully completed as part of the program.

SECTION 8.27.(i)  Use of Funds. – Of the funds appropriated to the Department of Public Instruction for the 2016‑2017 fiscal year to implement the LATP programs, the Department may use up to two hundred thousand dollars ($200,000) in nonrecurring funds for the State Board of Education to contract with the independent research organization as required by this section. Any remaining funds shall be used to award one‑year grants to each LATP program selected under subsection (c) of this section for the purposes of implementing the program. Each selected LATP program shall be awarded a proportional amount of the funds available.

 

TEACHER ASSISTANT TUITION REIMBURSEMENT PILOT PROGRAM

SECTION 8.29.(a)  Purpose. – The purpose of this section is to establish a pilot program for the local boards of education of the Anson County, Franklin County, Moore County, Richmond County, and Scotland County school administrative units to provide tuition assistance awards to part‑time or full‑time teacher assistants working in those local school administrative units to pursue a college degree that will result in teacher licensure. Tuition assistance awards under the program may be provided for part‑time or full‑time coursework. A local board of education may grant a teacher assistant academic leave to pursue coursework that may only be taken during working hours. A teacher assistant receiving an award under the program shall fulfill the student teaching requirements of an educator preparation program by working in the teacher assistant's employing local school administrative unit.

SECTION 8.29.(b)  Selection of applicants. – Each local board of education participating in the pilot program may select up to five teacher assistants to receive an award of up to four thousand five hundred dollars ($4,500) per academic year for a period of up to four years to be used towards the cost of tuition and fees for a teacher assistant to attend an educator preparation program at an institution of higher education. Priority for awards shall be given to a teacher assistant who received a tuition assistance award for the previous academic year and who is making satisfactory academic progress towards achieving teacher licensure. The local board of education shall set criteria for the application and selection of teacher assistants to receive tuition assistance awards that includes at least the following:

(1)        The teacher assistant shall be employed by the local board of education in the local school administrative unit.

(2)        The teacher assistant shall be enrolled or provide a statement of intent to enroll in an accredited institution of higher education in North Carolina with an educator preparation program approved by the State Board of Education to pursue teacher licensure.

(3)        The teacher assistant shall be a resident of North Carolina. For purposes of this subdivision, residency shall be determined by the same standard as residency for tuition purposes pursuant to G.S. 116‑143.1.

SECTION 8.29.(c)  Endorsement of tuition assistance awards for recipients. – Each local board of education participating in the pilot program shall enter into a memorandum of understanding with the institution of higher education in which a recipient of a tuition assistance award under this program is enrolled that includes procedures for at least the following:

(1)        Remittance of the award from the local board of education to the institution of higher education.

(2)        Endorsement of the funds awarded to the recipient to the institution of higher education for deposit into the account of the institution.

(3)        Return of a pro rata share of funds to the local board of education in the event a recipient (i) withdraws from the institution of higher education prior to the end of a term or (ii) the recipient's employment with the local board of education is terminated. The return of funds shall be consistent with procedures used by the institution under federal Title IV programs.

SECTION 8.29.(d)  The local boards of education participating in the pilot program shall jointly report to the Joint Legislative Education Oversight Committee by September 1, 2017, and by September 1 of each year thereafter on the results of the pilot program, including at least the following information:

(1)        The number and amount of funds in tuition assistance awards provided to teacher assistants.

(2)        The number of teacher assistant recipients who achieved teacher licensure, including the period of time from the issue of an initial tuition assistance award to the time of achieving licensure.

(3)        The number of recipients who remained employed in the local school administrative unit after achieving teacher licensure.

 

USE OF DEPARTMENT OF PUBLIC INSTRUCTION BUDGET REDUCTIONS

SECTION 8.30.  Section 8.37 of S.L. 2015‑241 is amended by adding a new subsection to read:

"SECTION 8.37.(c)  In implementing budget reductions for the 2016‑2017 fiscal year, the Department of Public Instruction shall do all of the following:

(1)        In addition to the prohibition on a reduction to funding and positions for the items listed in subsection (b) of this section, the Department shall make no transfers from or reduction to funding or positions for the following:

a.         The Excellent Public Schools Act, Read to Achieve Program, initially established under Section 7A.1 of S.L. 2012‑142.

b.         The North Carolina School Connectivity Program.

(2)        The Department shall transfer the sum of fifty thousand dollars ($50,000) to the Office of Administrative Hearings to be allocated to the Rules Review Commission, created by G.S. 143B‑30.1, to pay for any litigation costs incurred in the defense of North Carolina State Board of Education v. The State of North Carolina and The Rules Review Commission, Wake County Superior Court, File No. 14 CVS 14791 (filed November 7, 2014). These funds shall not revert at the end of the 2016‑2017 fiscal year but shall remain available during the 2017‑2018 fiscal year for expenditure in accordance with the provisions of this subdivision."

 

REMEDIATION PLAN FOR PRINCIPALS IN LOW‑PERFORMING SCHOOLS

SECTION 8.31.(a)  G.S. 115C‑105.39(a) reads as rewritten:

"(a)      Within 30 days of the initial identification of a school as low‑performing, whether by the local school administrative unit under G.S. 115C‑105.37(a1) or low‑performing by the State Board under G.S. 115C‑105.37(a), the superintendent shall take one of the following actions concerning the school's principal: (i) recommend to the local board that the principal be retained in the same position, (ii) recommend to the local board that the principal be retained in the same position and a plan of remediation should be developed, (iii) recommend to the local board that the principal be transferred, or (iv) proceed under G.S. 115C‑325.4 to dismiss or demote the principal. The principal may be retained in the same position without a plan for remediation only if the principal was in that position for no more than two years before the school is identified as low‑performing. The superintendent may only recommend a principal be retained in the same position without a plan for remediation if the principal has been at the school for less than two years or, in the case of a principal having been at the school for two years or more, if the school has both met student growth and has improved student achievement scores under G.S. 115C‑83.15 for the prior school year. The principal shall not be transferred to another principal position unless (i) it is in a school classification in which the principal previously demonstrated at least 2 years of success, (ii) there is a plan to evaluate and provide remediation to the principal for at least one year following the transfer to assure the principal does not impede student performance at the school to which the principal is being transferred; and (iii) the parents of the students at the school to which the principal is being transferred are notified. The principal shall not be transferred to another low‑performing school in the local school administrative unit. If the superintendent intends to recommend demotion or dismissal, the superintendent shall notify the local board. Within 15 days of (i) receiving notification that the superintendent intends to proceed under G.S. 115C‑325.4 or (ii) its decision concerning the superintendent's recommendation, but no later than September 30, the local board shall submit to the State Board a written notice of the action taken and the basis for that action. If the State Board does not assign an assistance team to that school or if the State Board assigns an assistance team to that school and the superintendent proceeds under G.S. 115C‑325.4 to dismiss or demote the principal, then the State Board shall take no further action. If the State Board assigns an assistance team to the school and the superintendent is not proceeding under G.S. 115C‑325.4 to dismiss or demote the principal, then the State Board shall vote to accept, reject, or modify the local board's recommendations. The State Board shall notify the local board of its action within five days. If the State Board rejects or modifies the local board's recommendations and does not recommend dismissal of the principal, the State Board's notification shall include recommended action concerning the principal's assignment or terms of employment. Upon receipt of the State Board's notification, the local board shall implement the State Board's recommended action concerning the principal's assignment or terms of employment unless the local board asks the State Board to reconsider that recommendation. The State Board shall provide an opportunity for the local board to be heard before the State Board acts on the local board's request for a reconsideration. The State Board shall vote to affirm or modify its original recommended action and shall notify the local board of its action within five days. Upon receipt of the State Board's notification, the local board shall implement the State Board's final recommended action concerning the principal's assignment or terms of employment. If the State Board rejects or modifies the local board's action and recommends dismissal of the principal, the State Board shall proceed under G.S. 115C‑325.12."

SECTION 8.31.(b)  This section applies beginning with the 2016‑2017 school year.

 

SCHOOL NOTIFICATION REQUIREMENTS/TEACHER EMPLOYMENT/LICENSURE CHANGES AND BEGINNING TEACHER SUPPORT

SECTION 8.32.(a)  State Board of Education Survey Notification. – G.S. 115C‑12 is amended by adding a new subdivision to read:

"(45)    To provide notification of student and parent surveys. – The State Board of Education shall provide written notification to the General Assembly in accordance with G.S. 120‑29.5 of its intent to conduct any mandatory student or parent surveys in individual local school administrative units or on a statewide basis, including a copy of the proposed survey. The Department of Public Instruction shall also notify a superintendent of any plan to conduct a student or parent survey in the local school administrative unit. The superintendent shall be given a reasonable amount of time following notification to contact the Department with feedback on the survey prior to the survey being conducted in the local school administrative unit."

SECTION 8.32.(b)  Notification/Report on Testing Programs. – G.S. 115C‑174.12 reads as rewritten:

"§ 115C‑174.12.  Responsibilities of agencies.

(c)        Local boards of education shall cooperate with the State Board of Education in implementing the provisions of this Article, including the regulations and policies established by the State Board of Education. Local school administrative units shall use the annual tests to fulfill the purposes set out in this Article. Local school administrative units are encouraged to continue to develop local testing programs designed to diagnose student needs.

(d)       By September 1 of each year, each local board of education shall notify the State Board of Education of any local testing to be administered to students by the local school administrative unit in its schools and the calendar for administering those tests. The local board of education shall include information on the source of funds supporting the local testing program.

(e)        By October 15 of each year, the State Board of Education shall submit a report to the Joint Legislative Education Oversight Committee containing information regarding the statewide administration of the testing program, including the number and type of tests and the testing schedule, and a summary of any local testing programs reported by local boards of education to the State Board of Education in accordance with subsection (d) of this section."

SECTION 8.32.(c)  Employment of Career and Technical Education Personnel. – Article 10 of Chapter 115C of the General Statutes is amended by adding a new section to read:

"§ 115C‑157.1  Adjunct CTE instructors.

(a)        Adjunct Hiring Criteria. – The State Board of Education shall develop minimum criteria of relevant education or employment experience to qualify to contract as an adjunct instructor in each career and technical education career cluster and shall make such criteria available to local boards of education.

(b)        Contracting with Adjunct Instructors. – Notwithstanding Article 20 and Part 3 of Article 22 of this Chapter, a local board of education may contract with an individual to serve as an adjunct instructor who meets the adjunct hiring criteria established by the State Board of Education for a specific career and technical education career cluster. The local board of education may contract with an adjunct instructor on an annual or semester basis, subject to the following requirements:

(1)        An adjunct instructor may be employed for no more than 10 hours per week.

(2)        An adjunct instructor shall be subject to a criminal history check, to ensure that the person has not been convicted of any crime listed in G.S. 115C‑332.

(3)        An adjunct instructor shall not be required to hold or apply for licensure as a teacher.

(4)        An adjunct instructor must complete preservice training in all of the following areas prior to beginning instruction:

a.         The identification and education of children with disabilities.

b.         Positive management of student behavior.

c.         Effective communication for defusing and deescalating disruptive or dangerous behavior.

d.         Safe and appropriate use of seclusion and restraint."

SECTION 8.32.(d)  Continuing Teacher Licensure Standards. – G.S. 115C‑296(b)(1)b. reads as rewritten:

"b.        The State Board of Education, in consultation with the Board of Governors of The University of North Carolina, shall evaluate and develop enhanced requirements for continuing licensure. The new requirements shall reflect more rigorous standards for continuing licensure and shall be aligned with high‑quality professional development programs that reflect State priorities for improving student achievement. Standards for continuing licensure shall include the following:

...

4.         For all teachers employed by a local board of education, evidence of a rating of at least proficient on the most recent annual evaluation to maintain the current license status. A teacher who is unable to satisfy this requirement but has been placed on a mandatory improvement plan may be eligible to receive an initial degree license if that teacher satisfies all other licensure requirements."

SECTION 8.32.(e)  Out‑of‑State Licensure Applications. – G.S. 115C‑296(b)(1) is amended by adding a new sub‑subdivision to read:

"d.       Initial applications from an applicant with an out‑of‑state license shall require the applicant to provide evidence of that teacher's effectiveness, when available, as measured by the evaluation system used in that applicant's state of current licensure at the time of application, including any growth measures included in that evaluation system. Applications that include the evidence of that teacher's effectiveness shall be prioritized for review over initial applications from applicants with out‑of‑state licenses that do not include that information. An individual who does not include evidence of that teacher's effectiveness with the initial application shall only be eligible for an initial degree license."

SECTION 8.32.(f)  Mentor Teacher Requirements. – G.S. 115C‑296(e) reads as rewritten:

"(e)      The State Board of Education shall develop a mentor program to provide ongoing support for teachers entering the profession. In developing the mentor program, the State Board shall conduct a comprehensive study of the needs of new teachers and how those needs can be met through an orientation and mentor support program. For the purpose of helping local boards to support new teachers, the State Board shall develop and distribute guidelines which address optimum teaching load, extracurricular duties, student assignment, and other working condition considerations. These guidelines shall provide that initially licensed teachers not be assigned extracurricular activities unless they request the assignments in writing and that other noninstructional duties of these teachers be minimized. The State Board shall develop and coordinate a mentor teacher training program. The State Board shall develop criteria for selecting excellent, experienced, and qualified teachers to be participants in the mentor teacher training program.program, including requiring that mentor teachers have been rated, through formal evaluations, at least at the "accomplished" level as part of the North Carolina Teacher Evaluation System and have met expectations for student growth."

SECTION 8.32.(g)  Field Experience for Educator Preparation Programs. – G.S. 115C‑296.11(b)(4) reads as rewritten:

"(4)      Educator preparation programs shall require, in all programs leading to initial licensure, field experiences in every semester that include organized and sequenced engagement of students in settings that provide them with opportunities to observe, practice, and demonstrate knowledge and skills. The experiences shall be systematically designed and sequenced to increase the complexity and levels of engagement with which students apply, reflect upon, and expand their knowledge and skills.skills and to increase in each semester prior to the student's residency or internship the number of hours spent in field experiences. All programs shall include a field experience in a low‑performing school for at least one semester."

SECTION 8.32.(h)  Beginning Teacher Evaluations in Low‑Performing Schools. – G.S. 115C‑333(a) reads as rewritten:

"(a)      Annual Evaluations; Low‑Performing Schools. – Local school administrative units shall evaluate at least once each year all licensed employees assigned to a school that has been identified as low‑performing. The evaluation shall occur early enough during the school year to provide adequate time for the development and implementation of a mandatory improvement plan if one is recommended under subsection (b) of this section. If the employee is a teacher with career status as defined under G.S. 115C‑325(a)(6), or a teacher as defined under G.S. 115C‑325.1(6), either the principal, the assistant principal who supervises the teacher, or an assistance team assigned under G.S. 115C‑105.38 shall conduct the evaluation. If the employee is a school administrator as defined under G.S. 115C‑287.1(a)(3), either the superintendent or the superintendent's designee shall conduct the evaluation.

All teachers in low‑performing schools who have been employed for less than three consecutive years shall be observed at least three times annually by the principal or the principal's designee and at least once annually by a teacher and shall be evaluated at least once annually by a principal. All teachers in low‑performing schools who have been licensed as a teacher for less than two years shall be observed at least three times annually by the principal or the principal's designee, at least once annually by a teacher, and at least once annually by a principal, and at least two of those observations shall be conducted in the first semester of the school year, and if practicable, at least one of those observations shall be conducted within the first grading period of the school year. This section shall not be construed to limit the duties and authority of an assistance team assigned to a low‑performing school under G.S. 115C‑105.38.

A local board shall use the performance standards and criteria adopted by the State Board and may adopt additional evaluation criteria and standards. All other provisions of this section shall apply if a local board uses an evaluation other than one adopted by the State Board."

SECTION 8.32.(i)  Beginning Teacher Evaluations in All Other Schools. – G.S. 115C‑333.1(a) reads as rewritten:

"(a)      Annual Evaluations. – All teachers who are assigned to schools that are not designated as low‑performing and who have not been employed for at least three consecutive years shall be observed at least three times annually by the principal or the principal's designee and at least once annually by a teacher and shall be evaluated at least once annually by a principal. All teachers who are assigned to schools that are not designated as low‑performing and who have been licensed as a teacher for less than two years shall be observed at least three times annually by the principal or the principal's designee, at least once annually by a teacher, and at least once annually by a principal, and at least two of those observations shall be conducted in the first semester of the school year, and if practicable, at least one of those observations shall be conducted within the first grading period of the school year. All teachers with career status or on a four‑year contract who are assigned to schools that are not designated as low‑performing shall be evaluated annually unless a local board adopts rules that allow teachers with career status or on a four‑year contract to be evaluated more or less frequently, provided that such rules are not inconsistent with State or federal requirements. Local boards also may adopt rules requiring the annual evaluation of nonlicensed employees. A local board shall use the performance standards and criteria adopted by the State Board and may adopt additional evaluation criteria and standards. All other provisions of this section shall apply if a local board uses an evaluation other than one adopted by the State Board."

SECTION 8.32.(j)  This section is effective the date this act becomes law. Subsections (d) and (e) of this section apply to applications submitted on or after that date. The remainder of this section applies beginning with the 2016‑2017 school year.

 

K‑3 CLASS SIZE ALLOTMENT RATIOS

SECTION 8.33.(a)  G.S. 115C‑301(c) reads as rewritten:

"(c)      Maximum Class Size for Kindergarten Through Third Grade. – The average class size for kindergarten through third grade in a local school administrative unit shall at no time exceed the funded allotment ratio of teachers to students in kindergarten through third grade. At the end of the second school month and for the remainder of the school year, the size of an individual class in kindergarten through third grade shall not exceed the allotment ratio by more than three students. The funded class size allotment ratio for kindergarten through third grade shall be as follows:

(1)        For kindergarten, one teacher per 18 students.

(2)        For first grade, one teacher per 16 students.

(3)        For second grade, one teacher per 17 students.

(4)        For third grade, one teacher per 17 students.

In grades four through 12, local school administrative units shall have the maximum flexibility to use allotted teacher positions to maximize student achievement."

SECTION 8.33.(b)  Notwithstanding G.S. 115C‑301, as amended by this section, and any other provision of law, for the 2016‑2017 school year, class size requirements in kindergarten through third grade shall remain unchanged. The class size requirements set forth in G.S. 115C‑301 shall apply beginning with the 2017‑2018 school year.

 

PART IX. Compensation of Public School Employees

 

TEACHER SALARY SCHEDULE

SECTION 9.1.(a)  The following monthly teacher salary schedule shall apply for the 2016‑2017 fiscal year to licensed personnel of the public schools who are classified as teachers. The salary schedule is based on years of teaching experience.

2016‑2017 Teacher Monthly Salary Schedule

Years of Experience                                                              "A" Teachers

0                                                                                         $3,500

1                                                                                         $3,575

2                                                                                         $3,600

3                                                                                         $3,625

4                                                                                         $3,675

5                                                                                         $3,725

6                                                                                         $3,800

7                                                                                         $3,850

8                                                                                         $3,900

9                                                                                         $3,950

10                                                                                       $4,025

11                                                                                       $4,100

12                                                                                       $4,175

13                                                                                       $4,250

14                                                                                       $4,325

15‑19                                                                                 $4,525

20‑24                                                                                 $4,800

25+                                                                                    $5,100.

SECTION 9.1.(b)  Salary Supplements for Teachers Paid on This Salary Schedule. –

(1)        Licensed teachers who have NBPTS certification shall receive a salary supplement each month of twelve percent (12%) of their monthly salary on the "A" salary schedule.

(2)        Licensed teachers who are classified as "M" teachers shall receive a salary supplement each month of ten percent (10%) of their monthly salary on the "A" salary schedule.

(3)        Licensed teachers with licensure based on academic preparation at the six‑year degree level shall receive a salary supplement of one hundred twenty‑six dollars ($126.00) per month in addition to the supplement provided to them as "M" teachers.

(4)        Licensed teachers with licensure based on academic preparation at the doctoral degree level shall receive a salary supplement of two hundred fifty‑three dollars ($253.00) per month in addition to the supplement provided to them as "M" teachers.

(5)        Certified school nurses shall receive a salary supplement each month of ten percent (10%) of their monthly salary on the "A" salary schedule.

SECTION 9.1.(c)  The first step of the salary schedule for (i) school psychologists, (ii) school speech pathologists who are licensed as speech pathologists at the master's degree level or higher, and (iii) school audiologists who are licensed as audiologists at the master's degree level or higher shall be equivalent to the sixth step of the "A" salary schedule. These employees shall receive a salary supplement each month of ten percent (10%) of their monthly salary and are eligible to receive salary supplements equivalent to those of teachers for academic preparation at the six‑year degree level or the doctoral degree level.

SECTION 9.1.(d)  The twenty‑sixth step of the salary schedule for (i) school psychologists, (ii) school speech pathologists who are licensed as speech pathologists at the master's degree level or higher, and (iii) school audiologists who are licensed as audiologists at the master's degree level or higher shall be seven and one‑half percent (7.5%) higher than the salary received by these same employees on the twenty‑fifth step of the salary schedule.

SECTION 9.1.(e)  Beginning with the 2014‑2015 fiscal year, in lieu of providing annual longevity payments to teachers paid on the teacher salary schedule, the amounts of those longevity payments are included in the monthly amounts under the teacher salary schedule.

SECTION 9.1.(f)  A teacher compensated in accordance with this salary schedule for the 2016‑2017 school year shall receive an amount equal to the greater of the following:

(1)        The applicable amount on the salary schedule for the applicable school year.

(2)        For teachers who were eligible for longevity for the 2013‑2014 school year, the sum of the following:

a.         The teacher's salary provided in Section 35.11 of S.L. 2013‑360.

b.         The longevity that the teacher would have received under the longevity system in effect for the 2013‑2014 school year provided in Section 35.11 of S.L. 2013‑360 based on the teacher's current years of service.

c.         The annual bonus provided in Section 9.1(e) of S.L. 2014‑100.

(3)        For teachers who were not eligible for longevity for the 2013‑2014 school year, the sum of the teacher's salary and annual bonus provided in Section 9.1 of S.L. 2014‑100.

SECTION 9.1.(g)  As used in this section, the term "teacher" shall also include instructional support personnel.

SECTION 9.1.(h)  Section 9.1 of S.L. 2015‑241 is repealed.

SECTION 9.1.(i)  It is the intent of the General Assembly to implement the following base monthly teacher salary schedule for the 2018‑2019 fiscal year to licensed personnel of the public schools who are classified as teachers. The salary schedule will be based on years of teaching experience.

2018‑2019 Teacher Monthly Salary Schedule

Years of Experience                                                              "A" Teachers

0                                                                                         $3,500

1                                                                                         $3,600

2                                                                                         $3,700

3                                                                                         $3,800

4                                                                                         $3,900

5                                                                                         $4,000

6                                                                                         $4,100

7                                                                                         $4,200

8                                                                                         $4,300

9                                                                                         $4,400

10                                                                                       $4,500

11                                                                                       $4,600

12                                                                                       $4,700

13                                                                                       $4,800

14                                                                                       $4,900

15‑24                                                                                 $5,000

25+                                                                                    $5,100.

 

SCHOOL‑BASED ADMINISTRATOR SALARY SCHEDULE

SECTION 9.2.(a)  The following base salary schedule for school‑based administrators shall apply only to principals and assistant principals. This base salary schedule shall apply for the 2016‑2017 fiscal year commencing July 1, 2016.

2016‑2017 Principal and Assistant Principal Salary Schedules

Classification

Years of Exp              Assistant            Prin I              Prin II             Prin III                  Prin IV

                                   Principal            (0‑10)             (11‑21)            (22‑32)                  (33‑43)

         0‑9                       $3,968                       ‑                       ‑                       ‑                       ‑

         10                        $4,037                       ‑                       ‑                       ‑                       ‑

         11                        $4,185                       ‑                       ‑                       ‑                       ‑

         12                        $4,304                       ‑                       ‑                       ‑                       ‑

         13                        $4,388             $4,388                       ‑                       ‑                       ‑

         14                        $4,443             $4,443                       ‑                       ‑                       ‑

         15                        $4,501             $4,501             $4,556                       ‑                       ‑

         16                        $4,556             $4,556             $4,615                       ‑                       ‑

         17                        $4,615             $4,615             $4,675             $4,735                       ‑

         18                        $4,675             $4,675             $4,735             $4,797             $4,860

         19                        $4,735             $4,735             $4,797             $4,860             $4,924

         20                        $4,797             $4,797             $4,860             $4,924             $4,992

         21                        $4,860             $4,860             $4,924             $4,992             $5,058

         22                        $4,924             $4,924             $4,992             $5,058             $5,126

         23                        $4,992             $4,992             $5,058             $5,126             $5,196

         24                        $5,058             $5,058             $5,126             $5,196             $5,266

         25                        $5,126             $5,126             $5,196             $5,266             $5,342

         26                        $5,196             $5,196             $5,266             $5,342             $5,415

         27                        $5,266             $5,266             $5,342             $5,415             $5,490

         28                        $5,342             $5,342             $5,415             $5,490             $5,565

         29                        $5,415             $5,415             $5,490             $5,565             $5,644

         30                        $5,490             $5,490             $5,565             $5,644             $5,726

         31                        $5,565             $5,565             $5,644             $5,726             $5,808

         32                        $5,644             $5,644             $5,726             $5,808             $5,881

         33                        $5,726             $5,726             $5,808             $5,881             $5,998

         34                        $5,808             $5,808             $5,881             $5,998             $6,117

         35                        $5,881             $5,881             $5,998             $6,117             $6,240

         36                        $5,998             $5,998             $6,117             $6,240             $6,365

         37                                  ‑             $6,117             $6,240             $6,365             $6,492

         38                                  ‑                       ‑             $6,365             $6,492             $6,622

         39                                  ‑                       ‑             $6,492             $6,622             $6,754

         40                                  ‑                       ‑                       ‑             $6,754             $6,889

         41                                  ‑                       ‑                       ‑             $6,889             $7,027

         42                                  ‑                       ‑                       ‑                       ‑             $7,167

2016‑2017 Principal and Assistant Principal Salary Schedules

Classification

Years of Exp                Prin V             Prin VI           Prin VII          Prin VIII

                                    (44‑54)            (55‑65)           (66‑100)            (101+)

         0‑19                     $4,992                       ‑                       ‑                       ‑

         20                        $5,058                       ‑                       ‑                       ‑

         21                        $5,126             $5,196                       ‑                       ‑

         22                        $5,196             $5,266             $5,415                       ‑

         23                        $5,266             $5,342             $5,490             $5,565

         24                        $5,342             $5,415             $5,565             $5,644

         25                        $5,415             $5,490             $5,644             $5,726

         26                        $5,490             $5,565             $5,726             $5,808

         27                        $5,565             $5,644             $5,808             $5,881

         28                        $5,644             $5,726             $5,881             $5,998

         29                        $5,726             $5,808             $5,998             $6,117

         30                        $5,808             $5,881             $6,117             $6,240

         31                        $5,881             $5,998             $6,240             $6,365

         32                        $5,998             $6,117             $6,365             $6,492

         33                        $6,117             $6,240             $6,492             $6,622

         34                        $6,240             $6,365             $6,622             $6,754

         35                        $6,365             $6,492             $6,754             $6,889

         36                        $6,492             $6,622             $6,889             $7,027

         37                        $6,622             $6,754             $7,027             $7,167

         38                        $6,754             $6,889             $7,167             $7,310

         39                        $6,889             $7,027             $7,310             $7,456

         40                        $7,027             $7,167             $7,456             $7,605

         41                        $7,167             $7,310             $7,605             $7,758

         42                        $7,310             $7,456             $7,758             $7,913

         43                        $7,456             $7,605             $7,913             $8,071

         44                                  ‑             $7,758             $8,071             $8,233

         45                                  ‑             $7,913             $8,233             $8,397

         46+                                ‑                       ‑             $8,397             $8,565

SECTION 9.2.(b)  The appropriate classification for placement of principals and assistant principals on the salary schedule, except for principals in alternative schools and in cooperative innovative high schools, shall be determined in accordance with the following schedule:

Classification                               Number of Teachers Supervised

Assistant Principal

Principal I                                      Fewer than 11 Teachers

Principal II                                    11‑21 Teachers

Principal III                                   22‑32 Teachers

Principal IV                                   33‑43 Teachers

Principal V                                    44‑54 Teachers

Principal VI                                   55‑65 Teachers

Principal VII                                 66‑100 Teachers

Principal VIII                                More than 100 Teachers

The number of teachers supervised includes teachers and assistant principals paid from State funds only; it does not include teachers or assistant principals paid from non‑State funds or the principal or teacher assistants.

The beginning classification for principals in alternative schools and in cooperative innovative high school programs shall be the Principal III level. Principals in alternative schools who supervise 33 or more teachers shall be classified according to the number of teachers supervised.

SECTION 9.2.(c)  A principal shall be placed on the step on the salary schedule that reflects the total number of years of experience as a certified employee of the public schools and an additional step for every three years of experience serving as a principal on or before June 30, 2009. A principal or assistant principal shall also continue to receive any additional State‑funded percentage increases earned for the 1997‑1998, 1998‑1999, and 1999‑2000 school years for improvement in student performance or maintaining a safe and orderly school.

SECTION 9.2.(d)  Principals and assistant principals with certification based on academic preparation at the six‑year degree level shall be paid a salary supplement of one hundred twenty‑six dollars ($126.00) per month and at the doctoral degree level shall be paid a salary supplement of two hundred fifty‑three dollars ($253.00) per month.

SECTION 9.2.(e)  Longevity pay for principals and assistant principals shall be as provided for State employees under the North Carolina Human Resources Act.

SECTION 9.2.(f)  If a principal is reassigned to a higher job classification because the principal is transferred to a school within a local school administrative unit with a larger number of State‑allotted teachers, the principal shall be placed on the salary schedule as if the principal had served the principal's entire career as a principal at the higher job classification.

If a principal is reassigned to a lower job classification because the principal is transferred to a school within a local school administrative unit with a smaller number of State‑allotted teachers, the principal shall be placed on the salary schedule as if the principal had served the principal's entire career as a principal at the lower job classification.

This subsection applies to all transfers on or after the effective date of this section, except transfers in school systems that have been created, or will be created, by merging two or more school systems. Transfers in these merged systems are exempt from the provisions of this subsection for one calendar year following the date of the merger.

SECTION 9.2.(g)  Participants in an approved full‑time master's in‑school administration program shall receive up to a 10‑month stipend at the beginning salary of an assistant principal during the internship period of the master's program. The stipend shall not exceed the difference between the beginning salary of an assistant principal plus the cost of tuition, fees, and books and any fellowship funds received by the intern as a full‑time student, including awards of the Principal Fellows Program. The Principal Fellows Program or the school of education where the intern participates in a full‑time master's in‑school administration program shall supply the Department of Public Instruction with certification of eligible full‑time interns.

SECTION 9.2.(h)  During the 2016‑2017 fiscal year, the placement on the salary schedule of an administrator with a one‑year provisional assistant principal's certificate shall be at the entry‑level salary for an assistant principal or the appropriate step on the teacher salary schedule, whichever is higher.

SECTION 9.2.(i)  Section 9.2 of S.L. 2015‑241 is repealed.

 

NO PAY LOSS FOR BREAK IN SERVICE OR FOR TEACHERS WHO BECOME PRINCIPALS

SECTION 9.3.(a)  G.S. 115C‑285(a) reads as rewritten:

"§ 115C‑285.  Salary.

(a)        Principals and supervisors shall be paid promptly when their salaries are due provided the legal requirements for their employment and service have been met. All principals and supervisors employed by any local school administrative unit who are to be paid from local funds shall be paid promptly as provided by law and as state‑allotted principals and supervisors are paid.

Principals and supervisors paid from State funds shall be paid as follows:

(8)        A teacher who becomes an assistant principal without a break in service shall be paid, on a monthly basis, at least as much as he or she would earn as a teacher employed by that local school administrative unit.

(8a)      A teacher who becomes a principal shall be paid on a monthly basis, at least as much as he or she would earn as a teacher employed by that local school administrative unit.

(9)        An assistant principal who becomes a principal without a break in service shall be paid, on a monthly basis, at least as much as he or she would earn as an assistant principal employed by that local school administrative unit."

SECTION 9.3.(b)  Subsection (a) of this section shall not be construed to modify the compensation of persons initially employed as principals or assistant principals prior to July 1, 2016, for work performed prior to July 1, 2016.

 

JOINT LEGISLATIVE STUDY COMMITTEE ON SCHOOL‑BASED ADMINISTRATOR PAY

SECTION 9.4.(a)  There is established the Joint Legislative Study Committee on School‑Based Administrator Pay (Committee). The Committee shall consist of three members of the Senate appointed by the President Pro Tempore of the Senate and three members of the House of Representatives appointed by the Speaker of the House of Representatives. The President Pro Tempore and the Speaker of the House of Representatives shall each appoint a cochair of the Committee from among its membership. The Committee and the terms of the members shall expire when the Committee submits a final report to the General Assembly. Members shall serve at the pleasure of the appointing officer.

SECTION 9.4.(b)  The Committee shall study and make recommendations on the following:

(1)        The feasibility of revising the school‑based administrator salary schedule, including principal and assistant principal pay, and whether revisions are needed.

(2)        The process of recruiting and retaining principals in North Carolina as compared with the process of recruiting and retaining executives in other professions.

(3)        Strategies for recruiting and retaining the most qualified principals in low‑performing and hard‑to‑staff schools.

(4)        Any other issue the Committee considers relevant to this study.

SECTION 9.4.(c)  The Committee shall meet upon the call of its cochairs. A quorum of the Committee is a majority of its members. No action may be taken except by a majority vote at a meeting at which a quorum is present. The Committee, while in the discharge of its official duties, may exercise all powers provided for under G.S. 120‑19 and Article 5A of Chapter 120 of the General Statutes. The Committee may contract for professional, clerical, or consultant services, as provided by G.S. 120‑32.02. Members of the Committee shall receive per diem, subsistence, and travel allowance as provided in G.S. 120‑3.1. The expenses of the Committee shall be considered expenses incurred for the joint operation of the General Assembly.

SECTION 9.4.(d)  The Legislative Services Officer shall assign professional and clerical staff to assist the Committee in its work. The Director of Legislative Assistants of the House of Representatives and the Director of Legislative Assistants of the Senate shall assign clerical support staff to the Committee.

SECTION 9.4.(e)  The Committee shall submit a final report on the results of its study, including any proposed legislation, to the members of the Senate and the House of Representatives on or before December 31, 2016, by filing a copy of the report with the Office of the President Pro Tempore of the Senate, the Office of the Speaker of the House of Representatives, the Joint Legislative Education Oversight Committee, and the Legislative Library. The Committee shall terminate on December 31, 2016, or upon the filing of its final report, whichever occurs first.

 

CENTRAL OFFICE SALARIES

SECTION 9.5.(a)  The monthly salary ranges that follow apply to assistant superintendents, associate superintendents, directors/coordinators, supervisors, and finance officers for the 2016‑2017 fiscal year, beginning July 1, 2016, and shall be increased by one and one‑half percent (1.50%) annually as follows:

School Administrator I                        $3,442                         $6,418

School Administrator II                       $3,646                         $6,805

School Administrator III                     $3,868                         $7,217

School Administrator IV                     $4,021                         $7,502

School Administrator V                       $4,182                         $7,804

School Administrator VI                     $4,434                         $8,273

School Administrator VII                    $4,610                         $8,605

The local board of education shall determine the appropriate category and placement for each assistant superintendent, associate superintendent, director/coordinator, supervisor, or finance officer within the salary ranges and within funds appropriated by the General Assembly for central office administrators and superintendents. The category in which an employee is placed shall be included in the contract of any employee.

SECTION 9.5.(b)  The monthly salary ranges that follow apply to public school superintendents for the 2016‑2017 fiscal year, beginning July 1, 2016, and shall be increased by one and one‑half percent (1.50%) annually as follows:

Superintendent I                                  $4,891                           $9,126

Superintendent II                                 $5,190                           $9,675

Superintendent III                               $5,503                         $10,261

Superintendent IV                               $5,838                         $10,882

Superintendent V                                 $6,194                         $11,543

The local board of education shall determine the appropriate category and placement for the superintendent based on the average daily membership of the local school administrative unit and within funds appropriated by the General Assembly for central office administrators and superintendents.

SECTION 9.5.(c)  Longevity pay for superintendents, assistant superintendents, associate superintendents, directors/coordinators, supervisors, and finance officers shall be as provided for State employees under the State Personnel Act.

SECTION 9.5.(d)  Superintendents, assistant superintendents, associate superintendents, directors/coordinators, supervisors, and finance officers with certification based on academic preparation at the six‑year degree level shall receive a salary supplement of one hundred twenty‑six dollars ($126.00) per month in addition to the compensation provided pursuant to this section. Superintendents, assistant superintendents, associate superintendents, directors/coordinators, supervisors, and finance officers with certification based on academic preparation at the doctoral degree level shall receive a salary supplement of two hundred fifty‑three dollars ($253.00) per month in addition to the compensation provided for under this section.

SECTION 9.5.(e)  The State Board of Education shall not permit local school administrative units to transfer State funds from other funding categories for salaries for public school central office administrators.

SECTION 9.5.(f)  Section 9.3 of S.L. 2015‑241 is repealed.

 

NONCERTIFIED PERSONNEL SALARIES

SECTION 9.6.(a)  The annual salary increase for permanent, full‑time noncertified public school employees whose salaries are supported from the State's General Fund shall be one and one‑half percent (1.50%), commencing July 1, 2016.

SECTION 9.6.(b)  Local boards of education shall increase the rates of pay for such employees who were employed for all or part of fiscal year 2015‑2016 and who continue their employment for fiscal year 2016‑2017 by providing an annual salary increase for employees of one and one‑half percent (1.50%).

For part‑time employees, the pay increase shall be pro rata based on the number of hours worked.

SECTION 9.6.(c)  The State Board of Education may adopt salary ranges for noncertified personnel to support increases of one and one‑half percent (1.50%) for the 2016‑2017 fiscal year.

SECTION 9.6.(d)  Section 9.4 of S.L. 2015‑241 is repealed.

 

THIRD GRADE READING TEACHER PERFORMANCE PILOT PROGRAM

SECTION 9.7.(a)  The State Board of Education shall establish the Third Grade Reading Teacher Performance Pilot Program to reward teacher performance and encourage student learning and improvement. To attain this goal, the Department of Public Instruction shall administer bonus pay to licensed third grade teachers who have an Education Value‑Added Assessment System (EVAAS) student growth index score for third grade reading from the previous school year, beginning with the data from the 2015‑2016 school year, as follows:

(1)        Of the funds appropriated for this program, five million dollars ($5,000,000) shall be allocated for bonuses to licensed third grade teachers who are in the top twenty‑five percent (25%) of teachers in the State according to the EVAAS student growth index score for third grade reading from the previous year. These funds shall be allocated equally among qualifying teachers.

(2)        Of the funds appropriated for this program, five million dollars ($5,000,000) shall be allocated to pay bonuses to licensed third grade teachers who are in the top twenty‑five percent (25%) of teachers in their respective local school administrative units according to the EVAAS student growth index score for third grade reading from the previous year. These funds shall be split proportionally based on average daily membership for each local school administrative unit and then distributed equally among qualifying teachers in each local school administrative unit, subject to the following conditions:

a.         Teachers employed in charter schools and regional schools are not eligible to receive a bonus under this subdivision.

b.         Any teacher working in a local school administrative unit that employs three or fewer third grade teachers shall receive a bonus under this subdivision if that teacher has an EVAAS student growth index score for third grade reading from the previous school year that exceeds expected growth.

(3)        For EVAAS student growth index score data collected during the 2015‑2016 school year and the 2016‑2017 school year, bonuses awarded pursuant to subdivisions (1) and (2) of this subsection are payable in January of 2017 and January of 2018, respectively, to qualifying third grade teachers who remain employed teaching third grade in the same local school administrative unit at least from the school year the data is collected until the corresponding school year that the bonus is paid.

(4)        A teacher who is eligible to receive a bonus under both subdivisions (1) and (2) of this subsection shall receive both bonuses.

SECTION 9.7.(b)  Notwithstanding G.S. 135‑1(7a), the compensation bonuses awarded by this section are not compensation under Article 1 of Chapter 135 of the General Statutes, the Teachers' and State Employees' Retirement System.

SECTION 9.7.(c)  The State Board of Education shall report on and study the Third Grade Reading Teacher Performance Pilot Program (Program) as follows:

(1)        The State Board of Education shall report on the distribution of statewide bonuses as among local school administrative units and the distribution of bonuses within local school administrative units as among individual schools to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Fiscal Research Division on March 1, 2017, and again on March 1, 2018.

(2)        The State Board of Education shall study the effect of the Program on teacher performance and retention. The State Board of Education shall report the results of its findings to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Fiscal Research Division, and the Joint Legislative Education Oversight Committee no later than March 1, 2018.

SECTION 9.7.(d)  For the 2017‑2018 fiscal year only, the Director of the Budget shall also include in the Base Budget, as defined by G.S. 143C‑1‑1(d)(1c), the amount of nonrecurring funds needed to support the Program.

SECTION 9.7.(e)  This section expires June 30, 2018.

 

PART X. Community Colleges

 

UPDATE PERFORMANCE MEASURES

SECTION 10.1.  G.S. 115D‑31.3 reads as rewritten:

"§ 115D‑31.3.  Institutional performance accountability.

(e)        Mandatory Performance Measures. – The State Board of Community Colleges shall evaluate each college on the following eight performance measures:

(1)        Progress of basic skills students.

(2)        Attainment of adult high school equivalency diplomas by students.

(3)        Performance of students who transfer to a four‑year institution.

(3a)      Success rate of students in credit‑bearing English courses.

(3b)      Success rate of students in credit‑bearing Math courses.

(4)        Success of developmental students in subsequent college‑level English courses.

(5)        Success of developmental students in subsequent college‑level math courses.

(5a)      Progress of first‑year curriculum students.

(6)        Repealed by Session Laws 2012‑142, s. 8.5, effective July 1, 2012.

(7)        Curriculum student retention and graduation.

(8)        Repealed by Session Laws 2012‑142, s. 8.5, effective July 1, 2012.

(9)        Attainment of licensure and certifications by students.

The State Board may also evaluate each college on additional performance measures.

(f)        Publication of Performance Ratings. – Each college shall publish its performance on the eight measures set out in subsection (e) of this section (i) annually in its electronic catalog or on the Internet and (ii) in its printed catalog each time the catalog is reprinted.

The Community Colleges System Office shall publish the performance of all colleges on all eight measures.

(g)        Recognition of Successful Institutional Performance. – For the purpose of recognition of successful institutional performance, the State Board of Community Colleges shall evaluate each college on the eight performance measures set out in subsection (e) of this section. Subject to the availability of funds, the State Board may allocate funds among colleges based on the evaluation of each institution's performance, including at least the following components:

(1)        Program quality evaluated by determining a college's rate of student success on each measure as compared to a systemwide performance baseline and goal.

(2)        Program impact on student outcomes evaluated by the number of students succeeding on each measure.

…."

 

CLARIFY USE OF CAREER COACH FUNDS

SECTION 10.2.  Section 10.14(c) of S.L. 2015‑241 reads as rewritten:

"SECTION 10.14.(c)  The funds appropriated under this act to the Community Colleges System Office for the 2015‑2017 fiscal biennium to match non‑State funds to implement the NC Works Career Coach Program shall only be used for (i) salary and benefits for career coaches and (ii) up to two percent (2%) of the direct operating costs related to supporting NC Works Career Coaches."

 

YOUTH APPRENTICESHIP TUITION WAIVER

SECTION 10.3.(a)  G.S. 115D‑5(b) reads as rewritten:

"(b)      In order to make instruction as accessible as possible to all citizens, the teaching of curricular courses and of noncurricular extension courses at convenient locations away from institution campuses as well as on campuses is authorized and shall be encouraged. A pro rata portion of the established regular tuition rate charged a full‑time student shall be charged a part‑time student taking any curriculum course. In lieu of any tuition charge, the State Board of Community Colleges shall establish a uniform registration fee, or a schedule of uniform registration fees, to be charged students enrolling in extension courses for which instruction is financed primarily from State funds. The State Board of Community Colleges may provide by general and uniform regulations for waiver of tuition and registration fees for the following:

...

(16)      Courses provided to students who are participating in an apprenticeship program that meets all of the following criteria:

a.         Is a registered apprenticeship program recognized by the United States Department of Labor.

b.         Has a documented plan of study with courses relating to a job‑specific occupational or technical skill.

c.         Requires the participants in the program to be high school students when entering the program.

The State Board of Community Colleges shall not waive tuition and registration fees for other individuals."

SECTION 10.3.(b)  This section applies beginning with the 2016 fall academic term.

 

TUITION WAIVER/FIREFIGHTERS AND EMS PERSONNEL ON MILITARY INSTALLATIONS

SECTION 10.4.(a)  G.S. 115D‑5(b) is amended by adding a new subdivision to read:

"(b)      In order to make instruction as accessible as possible to all citizens, the teaching of curricular courses and of noncurricular extension courses at convenient locations away from institution campuses as well as on campuses is authorized and shall be encouraged. A pro rata portion of the established regular tuition rate charged a full‑time student shall be charged a part‑time student taking any curriculum course. In lieu of any tuition charge, the State Board of Community Colleges shall establish a uniform registration fee, or a schedule of uniform registration fees, to be charged students enrolling in extension courses for which instruction is financed primarily from State funds. The State Board of Community Colleges may provide by general and uniform regulations for waiver of tuition and registration fees for the following:

(2a)      Firefighters, EMS personnel, and rescue and lifesaving personnel whose duty station is located on a military installation within North Carolina for courses that support their organizations' training needs and are approved for this purpose by the State Board of Community Colleges.

The State Board of Community Colleges shall not waive tuition and registration fees for other individuals."

SECTION 10.4.(b)  G.S. 115D‑39(a1) reads as rewritten:

"(a1)    In addition, federal law enforcement officers, firefighters, EMS personnel, and rescue and lifesaving personnel whose permanent duty station is within North Carolina and who do not otherwise qualify for tuition waivers under G.S. 115D‑5(b)(2a) shall also be eligible for the State resident community college tuition rate for courses that support their organizations' training needs and are approved for this purpose by the State Board of Community Colleges."

SECTION 10.4.(c)  This section applies beginning with the 2016 fall academic term.

 

CLARIFY CAREER‑ AND COLLEGE‑READY GRADUATE PROGRAM

SECTION 10.5.  Section 10.13 of S.L. 2015‑241 reads as rewritten:

"CAREER AND COLLEGEREADY GRADUATES

"SECTION 10.13.(a)  The State Board of Community Colleges, in consultation with the State Board of Education, shall develop a program for implementation beginning with model programs in the 2016‑2017 school year that introduces the college developmental mathematics and developmental reading and English curriculums in the high school senior year and provides opportunities for college remediation for students prior to high school graduation through cooperation with community college partners. The program shall be fully implemented in all high schools statewide beginning with the 2018‑2019 school year. Students who are enrolled in the Occupational Course of Study to receive their high school diplomas shall not be required to participate in the program or be required to take mandatory remedial courses as provided for in this section, unless a parent specifically requests through the individualized education program (IEP) process that the student participates. The program shall require the following:

(1)        Establishment by the State Board of Community Colleges of measures for determining student readiness and preparation for college coursework by using ACT scores, student grade point averages, or other measures currently used by the State Board of Community Colleges to determine college readiness for entering students.

(2)        Changes in curriculum, policy, and rules as needed by the State Board of Community Colleges and State Board of Education to make remedial courses mandatory for students who do not meet readiness indicators by their junior year to ensure college readiness prior to high school graduation. These changes shall include the flexibility for students to fulfill senior mathematics and English graduation requirements through enrollment in mandatory remedial courses or to enroll in those courses as electives.

(3)        High schools to use curriculum approved by the State Board of Community Colleges, in consultation with the State Board of Education.

(4)        Determinations by the State Board of Community Colleges on the following:

a.         Appropriate measures of successful completion of the remedial courses to ensure students are prepared for coursework at a North Carolina community college without need for further remediation in mathematics or reading and English.

b.         The length of time following high school graduation in which a student who successfully completed high school remedial courses will not be required to enroll in developmental courses at a North Carolina community college.

(5)        Delivery of remedial courses by high school faculty consistent with policies adopted by the State Board of Community Colleges and the State Board of Education. The policies shall include, at a minimum, the following requirements:

a.         High school faculty teaching the approved remedial courses must successfully complete training requirements as determined by the State Board of Community Colleges, in consultation with the State Board of Education.

b.         The North Carolina Community College System shall provide oversight of the remedial courses to ensure appropriate instructional delivery.

"SECTION 10.13.(b)  The State Board of Community Colleges and the State Board of Education shall report on progress of implementation of the program statewide, including the requirements in subsection (a) of this section, to the Joint Legislative Education Oversight Committee no later than March 15, 2016. The State Board of Community Colleges and the State Board of Education shall jointly report to the Joint Legislative Education Oversight Committee as follows:

(1)        No later than March 15, 2017, on the outcomes of model programs implemented in the 2016‑2017 school year and suggested statutory changes to ensure successful implementation of the program statewide.

(2)        No later than March 15, 2018, on implementation and professional development efforts in the 2017‑2018 school year and information on final changes in curriculum, policy, and rules to ensure successful implementation of the program statewide in the 2018‑2019 school year.

(3)        No later than October 15, 2019, and annually thereafter, on program outcomes, including impact on remediation rates in both mathematics and reading and English for recent high school graduates entering a North Carolina community college or constituent institution of The University of North Carolina."

 

CONNECT NC BOND ADMINISTRATION

SECTION 10.6.  Of the funds appropriated in this act to the Community Colleges System Office, the sum of one hundred ninety‑one thousand seven hundred thirty‑five dollars ($191,735) in recurring funds for the 2016‑2017 fiscal year shall be used only to support review of Connect NC bond project requests and to ensure compliance with capital improvement regulations and processes. Positions created during the 2016‑2017 fiscal year for the purpose of supporting review of Connect NC bond project requests and ensuring compliance shall be used only for that purpose, and those positions shall be eliminated as soon as administration of the Connect NC bond is complete.

 

Delay Property Transfer to Cleveland Community College

SECTION 10.7.(a)  Section 1 of S.L. 2012‑177 reads as rewritten:

"SECTION 1. The State of North Carolina shall convey to the Board of Trustees of Cleveland Community College, for consideration of one dollar ($1.00), all its right, title, and interest in the property used for the former Cleveland County Correctional Facility, more particularly described as that portion of Parcel 22252 Cleveland County, deed reference Book 4F, Page 064, consisting of approximately 13.25 acres currently allocated to the Department of Public Safety, Division of Adult Corrections, SPO File No. 23‑008. The conveyance is subject to a reversionary interest reserved by the State. The property shall be conveyed to the Board of Trustees of Cleveland Community College for so long as it is utilized for educational purposes consistent with the mission of the North Carolina Community College System.The net proceeds of any subsequent disposition of the property shall be remitted to the Board of Trustees of Cleveland Community College and may be used by the Board for any lawful public purpose."

SECTION 10.7.(b)  Section 4 of S.L. 2012‑177, as amended by Section 1 of S.L. 2014‑19, reads as rewritten:

"SECTION 4. Sections 1 through 3 of this act become effective July 1, 2016. 2021. The remainder of this act becomes effective January 1, 2013."

 

CERTAIN COMMUNITY COLLEGE PROJECT FUNDS

SECTION 10.8.  The funds appropriated to the North Carolina Community Colleges System Office by this act for the 2016‑2017 fiscal year for (i) the Center for Advanced Manufacturing at Gaston Community College and (ii) Mitchell Community College site development shall not revert at the end of the fiscal year but shall remain available until expended.

 

PART XI. Universities

 

EXPAND INTERNSHIPS AND CAREER‑BASED OPPORTUNITIES FOR STUDENTS ATTENDING HISTORICALLY BLACK COLLEGES AND UNIVERSITIES (HBCU).

SECTION 11.1.  Section 11.12(b) of S.L. 2015‑241 reads as rewritten:

"SECTION 11.12.(b)  The For the 2016‑2017 fiscal year, the Board of Governors shall conduct a competitive process to select institutions of higher education that are Historically Black Colleges and Universities to participate in the internship program which links 60a minimum of 95 students attending Historically Black Colleges and Universities with North Carolina‑based companies. The Board of Governors shall determine the number of institutions that may participate in the program; however, at least two of the institutions shall be private institutions. Funds appropriated by this act for this internship program shall be allocated only to constituent institutions of The University of North Carolina that are designated as an HBCU and private colleges and universities located in North Carolina that are designated as an HBCU."

 

MODIFY NC GUARANTEED ADMISSION PROGRAM (NCGAP)

SECTION 11.2.(a)  Section 11.7(b) of S.L. 2015‑241 reads as rewritten:

"SECTION 11.7.(b)  The Board of Governors of The University of North Carolina and the State Board of Community Colleges shall jointly study and evaluate how a deferred admission program, to be known as the North Carolina Guaranteed Admission Program (NCGAP), for students identified as academically at risk and designed pursuant to subsection (c) of this section, would address the issues and help achieve the goals set out in subsection (a) of this section. In its study the Board of Governors and State Board of Community Colleges shall also consider the best procedure for implementing NCGAP and the fiscal impact it may have with respect to enrollment.

By January 1, 2017, the President of The University of North Carolina, in consultation with the Board of Governors, shall adopt a plan to improve student completion of baccalaureate degrees that includes specific targets for each constituent institution's completion rates and that is effective for the 2017‑2018 academic year. For the purposes of this section, "completion rates" may include the four and six year graduation rate of first‑time, full‑time freshman or other methods of measuring completion that may more accurately capture the success of each institution's undergraduate population. The plan shall allow for a variety of strategies designed to best meet the individual constituent institutions' needs, such as, but not limited to: redesigned courses, early alerts systems, tutoring, degree mapping, and innovative merit‑based completion incentives."

SECTION 11.2.(b)  Section 11.7(d) of S.L. 2015‑241 reads as rewritten:

"SECTION 11.7.(d)  The Board of Governors of The University of North Carolina and the State Board of Community Colleges shall report their finding and recommendations to the Joint Legislative Education Oversight Committee, the Fiscal Research Division, and the Office of State Budget and Management by March 1, 2016. The report shall include an analysis of the fiscal impact NCGAP may have with regard to enrollment at constituent institutions of The University of North Carolina and at community colleges, the number of students who may participate in NCGAP, and its effect on FTEs.

The President of the University of North Carolina shall report on the plan to improve student completions to the Joint Legislative Education Oversight Committee, the Fiscal Research Division, and the Office of State Budget and Management by January 1, 2017."

SECTION 11.2.(c)  Section 11.7(e) of S.L. 2015‑241 reads as rewritten:

"SECTION 11.7.(e)  Based on the analysis conducted by the Board of Governors and the State Board of Community Colleges pursuant to subsection (b) of this section and the recommendations made pursuant to subsection (d) of this section, each constituent institution shall design a deferred admission program as part of NCGAP for implementation at the institution. The institution shall design the program so that it may be implemented at the institution beginning with the 2016‑20172017‑2018 fiscal year and applied to the institution's admission process for the 2017‑20182018‑2019 academic year and each subsequent academic year.year if the plan required by subsection (b) of this section is not implemented."

SECTION 11.2.(d)  Section 11.7(g) of S.L. 2015‑241 reads as rewritten:

"SECTION 11.7.(g)  NCGAP shall be implemented at all constituent institutions and all community colleges beginning with the 2016‑20172017‑2018 fiscal year and shall apply to admissions policies at each constituent institution and community college beginning with the 2017‑20182018‑2019 academic year and each subsequent academic year.year if the plan required by subsection (b) of this section is not implemented."

 

UNC PART‑WAY HOME STRATEGY/REPORT

SECTION 11.3.  No later than September 1, 2017, the President of The University of North Carolina shall report to the Joint Legislative Education Oversight Committee regarding the expenditure of State funds used to recruit, retain, and graduate "part‑way home" and other nontraditional students who have completed some college but have not earned a degree and to cover other costs of implementing the strategy to reenroll "part‑way home" students.  The report shall include line item expenditures, descriptions of program activities and accomplishments, and data on outcome measures used to assess program effectiveness.

 

ACCESS TO AFFORDABLE COLLEGE EDUCATION

SECTION 11.4.(a)  Guarantee of No In‑State Tuition Increase for Standard College Term. – Article 14 of Chapter 116 of the General Statutes is amended by adding a new section to read:

"§ 116‑143.9.  Fixed tuition payment.

(a)        There is established the fixed tuition payment program. The rate of tuition of any freshman or transfer undergraduate student who is admitted to any constituent institution of The University of North Carolina and deemed to be a North Carolina resident for purposes of tuition shall be guaranteed as provided by this section. The program shall have the following components:

(1)        A guarantee that the rate of tuition approved by either the Board of Governors or the Board of Trustees of the constituent institution will remain constant or decrease during the tuition period.

(2)        Except as provided in subsection (b) of this section, the tuition period shall be (i) eight consecutive academic semesters for a student seeking a baccalaureate degree in a four‑year program or 10 consecutive academic semesters for a student seeking a baccalaureate degree in a program officially designated by the Board of Governors as a five‑year program, not including any summer sessions, or (ii) the appropriate balance of a designated program length after making the proper adjustments for a student who transfers to the constituent institution.

(3)        Except as provided in subsection (b) of this section, the student must remain enrolled continuously at the constituent institution during the entire tuition period.

(4)        At the end of the tuition period, the cost of tuition for any additional academic semesters reverts to the amount of the current tuition for that constituent institution and a tuition surcharge imposed under G.S. 116‑143.7, if applicable.

(b)        The tuition period may be tolled if the student is able to demonstrate a substantial disruption or interruption in the student's pursuit of a degree as provided in G.S. 116‑143.7(c).

(c)        The Board of Governors shall adopt the policies needed to implement this section and shall also determine what the fixed tuition rates and the tuition periods shall be for undergraduate transfer students who are North Carolina residents for purposes of tuition."

SECTION 11.4.(a1)  Subsection (a) of this section is effective when it becomes law and beginning with the 2016 fall academic semester, applies to the rate of tuition for freshmen and transfer students who enroll at a constituent institution and to the rate of tuition for freshmen and transfer students who enroll at a constituent institution in subsequent academic semesters.

SECTION 11.4.(b)  Cap on Student Fees. – Article 14 of Chapter 116 of the General Statutes is amended by adding a new section to read:

"§ 116‑143.10.  Cap on student fees.

Notwithstanding G.S. 116‑143 and G.S. 116‑11(7), the Board of Governors of The University of North Carolina and the Board of Trustees at each constituent institution may increase the cumulative total of all undergraduate student fees approved by either the Board of Governors or the Board of Trustees by no more than three percent (3%) per academic year."

SECTION 11.4.(b1)  Subsection (b) of this section is effective when it becomes law and applies beginning with the 2017‑2018 academic year. The student fees charged for the 2016‑2017 academic year shall be the baseline used to determine the amount of the three percent (3%) increase in student fees that is permissible for the 2017‑2018 academic year.

SECTION 11.4.(c)  NC Promise Tuition Plan and "Buy Down." – Article 14 of Chapter 116 of the General Statutes is amended by adding a new section to read:

"§ 116‑143.11.  NC Promise Tuition Plan; State "buy down" of certain financial obligations.

(a)        The NC Promise Tuition Plan shall be established and implemented as provided by this section. Notwithstanding G.S. 116‑143 and G.S. 116‑11(7), the Board of Governors of The University of North Carolina shall set the rate of undergraduate tuition for Elizabeth City State University, the University of North Carolina at Pembroke, and Western Carolina University as follows: beginning with the 2018 fall academic semester, the rate of tuition for students deemed to be North Carolina residents for purposes of tuition shall be five hundred dollars ($500.00) per academic semester and the rate of tuition for nonresident students shall be two thousand five hundred dollars ($2,500) per academic semester.

(b)        Notwithstanding any other provision of law, the State shall "buy down" the amount of any financial obligation resulting from the established tuition rate that may be incurred by Elizabeth City State University, the University of North Carolina at Pembroke, and Western Carolina University as provided by this subsection. Beginning with the 2018‑2019 fiscal year, the Director of the Budget shall determine each fiscal year, based on information provided by the Board of Governors and the Chancellor of each constituent institution, the amount required to offset the forgone tuition receipts at each of the three institutions as a result of the tuition rate established by this section. The Director of the Budget shall authorize an increase in the base budget of The University of North Carolina of up to forty million dollars ($40,000,000) each fiscal year to cover the cost of the "buy down" that fiscal year and shall allocate the appropriate sum to each constituent institution. Any increase in the base budget authorized pursuant to this subsection shall not be included in the calculation of projected enrollment growth under G.S. 116‑30.7.

(c)        When implementing the provisions of this section, the Board of Governors shall give due consideration to maintaining the unique historical character of each institution, including service to students who are first generation, college‑going, economically disadvantaged, or minority."

SECTION 11.4.(c1)  By January 16, 2017, the Board of Governors shall develop and implement a marketing strategy utilizing advertising means with historically successful results that is designed to increase enrollment at Elizabeth City State University and to effectively market the NC Promise Tuition Plan at that campus. Of the funds appropriated by this act to the Board of Governors of The University of North Carolina for the 2016‑2017 fiscal year, the Board of Governors may use a sum of up to two hundred fifty thousand dollars ($250,000) to accomplish the purpose provided in this subsection.

SECTION 11.4.(c2)  G.S. 116‑144 reads as rewritten:

"§ 116‑144.  Higher tuition to be charged nonresidents.

The Unless provided otherwise by law, the Board of Governors shall fix the tuition and required fees charged nonresidents of North Carolina who attend the institutions enumerated in G.S. 116‑4 at rates higher than the rates charged residents of North Carolina and comparable to the rates charged nonresident students by comparable public institutions nationwide, except that a person who serves as a graduate teaching assistant or graduate research assistant or in a similar instructional or research assignment and is at the same time enrolled as a graduate student in the same institution may, in the discretion of the Board of Governors, be charged a lower rate fixed by the Board, provided the rate is not lower than the North Carolina resident rate."

SECTION 11.4.(d)  Evaluation of Admission Cap on Nonresident Students Entering the Freshman Class of a Constituent Institution. – The Board of Governors shall consider what effect, if any, the elimination of or an increase in the current cap of eighteen percent (18%) on the enrollment of nonresident students entering the freshman class at the constituent institutions listed in subsection (d1) of this section may have regarding the student applications to those institutions. If the Board of Governors determines that eliminating or increasing such cap may increase the number, academic strength, and diversity of student applications at those institutions, then the Board of Governors may, in its discretion, adopt a policy that eliminates or establishes a different cap and the period of time for which the modification of the cap shall be implemented at those institutions.

SECTION 11.4.(d1)  Subsection (d) of this section applies only to Elizabeth City State University, the University of North Carolina at Pembroke, and Western Carolina University.

SECTION 11.4.(e)  Establish Merit Scholarships at North Carolina Agricultural and Technical State University and North Carolina Central University. – Chapter 116 of the General Statutes is amended by adding a new Article to read:

"Article 35.

"Cheatham‑White Scholarships.

"§ 116‑290.  Cheatham‑White Scholarships; establishment and purpose; benefits.

(a)        Scholarships Established; Purpose. – The Cheatham‑White Scholarships are established as a merit scholarship program at North Carolina Agricultural and Technical State University and at North Carolina Central University. The purpose of the scholarships is to provide an outstanding educational experience for students who are exceptional scholars, versatile and well‑rounded individuals with a broad range of interests, and who are accomplished and proficient in areas of both the arts and the sciences. They must also demonstrate leadership potential and a strong commitment to service.

(b)        Scholarship Benefits. – Each scholarship is a fully funded four‑year scholarship that covers the cost of all of the following: full tuition, student fees, housing, meals, textbooks, a laptop, supplies, travel, and personal expenses. Each scholarship also provides four summers of fully funded enrichment and networking opportunities that may include international travel and study.

(c)        Number of Scholarships Awarded. – Up to 50 scholarships, 40 for resident students and 10 for nonresident students, may be awarded each academic year to students admitted to North Carolina Agricultural and Technical State University. Up to 50 scholarships, 40 for resident students and 10 for nonresident students, may be awarded each academic year to students admitted to North Carolina Central University.

"§ 116‑291.  Cheatham‑White Scholarships; fund established; administration of fund.

(a)        Fund Established. – There is established the Cheatham‑White Scholarships Fund to be used to fund scholarships awarded pursuant to this Article. Both private and public funds may be solicited in the creation of the fund.

(b)        Matching Funds. – The funds appropriated each fiscal year to the Cheatham‑White Scholarships Fund shall be matched by non‑State funds and disbursed pursuant to G.S. 143C‑4‑5.

(c)        Administration of Fund. – The University of North Carolina General Administration shall administer the Cheatham‑White Scholarships Fund and the Cheatham‑White Scholarships program.

"§ 116‑292.  Cheatham‑White Scholarships; eligibility and selection criteria.

(a)        Eligibility. – To be eligible to be nominated as a potential candidate for a Cheatham‑White Scholarship, a person must satisfy all of the following criteria:

(1)        Be a competitive applicant for admission as a freshman in the fall semester into a baccalaureate program at either North Carolina Agricultural and Technical State University or North Carolina Central University.

(2)        Be a United States citizen or permanent resident.

(3)        Be on course to graduate from high school in the spring semester prior to college admission.

(b)        Selection Criteria. – Candidates for Cheatham‑White Scholarships shall be selected on the basis of academic merit, honorable character, outstanding leadership potential, and a demonstrable commitment to service. Financial need shall not be a consideration.

"§ 116‑293.  Cheatham‑White Scholarships; school nomination of candidates.

All North Carolina high schools are eligible to nominate a student to be considered as a candidate for a Cheatham‑White Scholarship. For purposes of this section, a high school includes a public school under the direction of a local board of education, a charter school, a regional school, a high school operated as part of The University of North Carolina, a school operated by the Department of Health and Human Services, a school operated by the State Board of Education, or a nonpublic school regulated under Article 39 of Chapter 115C of the General Statutes.

The number of nominees from each school is determined by the size of the senior class as follows:

(1)....... Up to 199 seniors.................................................................. 2 nominees.

(2)....... 200‑399 seniors..................................................................... 3 nominees.

(3)....... 400‑499 seniors..................................................................... 4 nominees.

(4)....... 500 or more seniors............................................................... 5 nominees.

"§ 116‑294.  Cheatham‑White Scholarships; administration of scholarships.

The University of North Carolina General Administration shall administer the Cheatham‑White Scholarships, in consultation and collaboration with North Carolina Agricultural and Technical State University and North Carolina Central University, pursuant to policies adopted by the Board of Trustees of both constituent institutions. As part of its administrative responsibilities, The University of North Carolina General Administration, in consultation and collaboration with North Carolina Agricultural and Technical State University and North Carolina Central University, shall do all of the following:

(1)        Design and implement an application and school nomination process to be used to identify potential scholarship candidates and a process for awarding the scholarships.

(2)        Develop a direct nomination process, in addition to the school nomination process, that allows a student to nominate himself or herself to be considered as a candidate for the scholarship in certain circumstances.

(3)        Define and describe more fully the selection criteria to be considered when choosing a scholarship candidate and recipient.

(4)        Identify the parties that will (i) evaluate scholarship applications and nominations and (ii) determine which candidates shall be awarded scholarships.

(5)        Design the framework and add the necessary substantive detail for the scholarship program, including courses of study that will be available, summer enrichment programs, and other extraordinary educational opportunities, and oversee its implementation.

(6)        Establish a mentoring and networking system for scholarship recipients.

(7)        Administer the Cheatham‑White Scholarships Fund.

(8)        Establish a Cheatham‑White Scholarships alumni association and network.

(9)        Any other function necessary for the successful implementation of the Cheatham‑White Scholarships program and administration of the Cheatham‑White Scholarships Fund."

SECTION 11.4.(e1)  G.S. 116‑291, as enacted by subsection (e) of this section, becomes effective July 1, 2016. The remainder of subsection (e) of this section becomes effective beginning with the 2017 fall academic semester so that students may be nominated for the scholarship during the 2017‑2018 academic year, and recipients of the scholarship may enroll to begin a course of study at the constituent institution beginning with the 2018 fall academic semester.

SECTION 11.4.(f)  Scope. – Subsections (a) through (d) of this section do not apply to high schools governed by The University of North Carolina General Administration.

SECTION 11.4.(f1)  Effective Date. – Except as provided otherwise, this section is effective when it becomes law and applies to the 2016 fall academic semester and each subsequent academic semester.

 

DISCLOSURE OF STUDENT DATA AND RECORDS BY PRIVATE INSTITUTIONS OF HIGHER EDUCATION/LIABILITY PROTECTION

SECTION 11.5.  G.S. 116‑229.1(a) reads as rewritten:

"(a)      A private college or university that discloses personally identifiable information in student data or records according to the terms of a written agreement with a State agency, local school administrative unit, community college, constituent institution of The University of North Carolina, or the North Carolina Independent Colleges and Universities, Inc., in compliance with the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, shall not be liable for a breach of confidentiality, disclosure, use, retention, or destruction of the student data or records if the breach, disclosure, use, retention, or destruction results from actions or omissions of either (i) the North Carolina Independent Colleges and Universities, Inc., the State agency, local school administrative unit, community college, or constituent institution of The University of North Carolina to which the data was provided or (ii) persons provided access to the data or records by those entities."

 

UNC TEACHER AND PRINCIPAL PREPARATION PROGRAM LAB SCHOOL FOR K‑8 STUDENTS

SECTION 11.6.(a)  Chapter 116 of the General Statutes is amended by adding a new Article to read:

"Article 29A.

"University of North Carolina Laboratory Schools.

"§ 116‑239.5.  University of North Carolina laboratory schools; purpose.

(a)        The Board of Governors, in consultation with the constituent institutions of The University of North Carolina with educator preparation programs, shall designate eight constituent institutions to establish laboratory schools to serve public school students in accordance with the provisions of this Article. The Board of Governors shall select eight constituent institutions with quality educator preparation programs as demonstrated by the annual performance measures reported by the constituent institutions in accordance with G.S. 115C‑296.13.

(b)        The mission of a laboratory school shall be to improve student performance in local school administrative units with low‑performing schools by providing an enhanced education program for students residing in those units and to provide exposure and training for teachers and principals to successfully address challenges existing in high‑needs school settings. A laboratory school shall provide an opportunity for research, demonstration, student support, and expansion of the teaching experience and evaluation regarding management, teaching, and learning.

(c)        Each laboratory school shall expand student opportunities for educational success through high‑quality instructional programming and innovative instruction and research by using the resources available to the constituent institution. Each constituent institution operating a laboratory school shall incorporate best practices gained from State initiatives focused on leadership development for both teachers and principals in low‑performing schools and local school administrative units.

(d)       Except as otherwise provided in this Article, a laboratory school is exempt from statutes and rules applicable to a local board of education or local school administrative unit.

"§ 116‑239.6.  Definitions.

The following definitions apply in this Article:

(1)        Advisory board. – An advisory board established by the board of trustees under G.S. 116‑239.8.

(2)        Board of trustees. – The board of trustees of a constituent institution that is the governing body of the lab school established under this Article.

(3)        Constituent institution. – A constituent institution of The University of North Carolina with an educator preparation program that has been designated by the Board of Governors to establish a laboratory school under G.S. 116‑239.5.

(4)        Laboratory school or lab school. – A public school created under G.S. 116‑239.7 that (i) is located in a local school administrative unit that has twenty five percent (25%) or more of the schools located in the unit identified as low‑performing under G.S. 115C‑105.37 and (ii) serves students in kindergarten through eighth grade.

(5)        Principal. – The principal of a lab school.

"§ 116‑239.7.  Plan for the location of lab schools; creation of a lab school; dissolution.

(a)        Plan for the Location of Lab Schools. – The Board of Governors, in collaboration with the boards of trustees of the constituent institutions, shall adopt a plan for the location of the lab schools in local school administrative units that meet the minimum threshold for the number of low‑performing schools located in the units under G.S. 116‑239.6(4). The plan shall include a geographically diverse distribution of the lab schools throughout the State and a maximum of one lab school located in a qualifying local school administrative unit. The Board of Governors shall update the plan as necessary to reflect any changes to the status of a constituent institution operating a lab school and the status of qualifying local school administrative units at the end of the term of operation of a lab school. A constituent institution shall not adopt a resolution to create a lab school under this section prior to receiving approval from the Board of Governors on the location of the lab school. At least 90 days prior to implementation, the Board of Governors shall submit the plan and any revisions to the plan to the Joint Legislative Commission on Governmental Operations.

(b)        Resolution to Create a Lab School. – The board of trustees of a constituent institution shall adopt a resolution stating its intent to create a lab school, which shall include the following:

(1)        Name of the lab school.

(2)        The local school administrative unit in which the lab school shall be located. The local school administrative unit in which the lab school is located shall meet the requirement under G.S. 116‑239.6(4) that twenty‑five percent (25%) or more of the schools located in the unit are identified as low‑performing under G.S. 115C‑105.37 at the time the resolution is adopted. However, the board of trustees shall continue to operate the lab school within the local school administrative unit for at least five years as provided under subdivision (3) of this subsection regardless of whether the local school administrative unit continues to qualify under G.S. 116‑239.6(4).

(3)        A term of operation for the lab school of five years from the date of initial operation. At the end of five years of operation, if the lab school is still located in a local school administrative unit that has twenty‑five percent (25%) or more of the schools located in the unit identified as low‑performing under G.S. 115C‑105.37, the resolution may be renewed by the constituent institution at the end of the term for an additional five years. If the lab school is no longer located in a qualifying local school administrative unit at the end of five years, the board of trustees shall notify the Board of Governors to request consultation on determining the location of creating a new lab school in accordance with subsection (a) of this section and the provisions of this Article.

(c)        Recognition of a Lab School. – Each board of trustees that adopts a resolution as provided in this section shall file a copy of the resolution with the State Board of Education. Upon receipt of a resolution from a board of trustees for a named lab school, the State Board of Education shall approve the creation of the lab school.

(d)       Dissolution or Assumption of a Lab School. – In the event of the potential dissolution of a lab school at the end of the term of the school's operation or due to the termination of an educator preparation program at the constituent institution, subject to approval by the Board of Governors, the board of trustees shall adopt a plan for the dissolution or the assumption of the lab school by a new entity. A local board of education of the local school administrative unit in which the lab school is located may transition the lab school to a public school under the governance of the local board or, if the local school administrative unit still qualifies under G.S. 116‑239.6(4), the board of trustees of another constituent institution with an educator preparation program may assume operation of the lab school. If the lab school is dissolved or a local board of education assumes operation of the school, all net assets of the lab school purchased with public funds shall be deemed property of the local school administrative unit in which the lab school is located. The State Board of Education shall be notified in the event of the dissolution or assumption of a lab school, including the identity of the entity assuming operation of the school.

"§ 116‑239.8.  Board of trustees; powers and duties.

The board of trustees shall have the following powers and duties:

(1)        Advisory board. – A board of trustees shall appoint an advisory board to provide general oversight and guidance to the board of trustees of the lab school as follows:

a.         Composition of the advisory board.– The dean of the constituent institution's educator preparation program shall be a standing member of the advisory board and the board of trustees, upon recommendation of the president of the constituent institution, shall appoint four faculty members from the institution, at least two of whom are from the educator preparation program, one public member who resides in the local school administrative unit in which the lab school is located, two parents or guardians of students who attend the lab school, and one lab school student appointed by the principal to serve on the advisory board. The term of each member shall be for two years, and any vacancy shall be filled with a person of the same classification as his or her predecessor for the balance of the unexpired term. The board of trustees shall stagger the terms of the initial appointees in a manner that results in the expiration of terms of no more than two members in any year. The board of trustees shall call the organizational meeting of the advisory board. The advisory board shall annually elect a chair and a vice‑chair. There shall be no limitation on successive appointments to the advisory board or successive terms that may be served by a chair or vice‑chair. The advisory board shall adopt internal organizational procedures or bylaws necessary for efficient operation. Advisory board members shall not receive per diem or travel expenses for the performance of their duties.

b.         The advisory board shall meet at least quarterly and shall have the following duties:

1.         Monitor the operations of the lab school and the distribution of moneys allocated for such operations.

2.         Recommend to the board of trustees necessary policy, program, and administration modifications.

3.         Evaluate biennially the performance of the principal and recommend corresponding action to the board of trustees.

4.         Annually review evaluations of the lab school's operation and research findings.

(2)        Academic program. –

a.         The board of trustees shall establish the standard course of study for the lab school. This course of study shall set forth the subjects to be taught in each grade and the texts and other educational materials on each subject to be used in each grade. The board of trustees shall design its programs to meet at least the student performance standards adopted by the State Board of Education and the student performance standards contained in Chapter 115C of the General Statutes.

b.         The board of trustees shall conduct student assessments required by the State Board of Education.

c.         The board of trustees shall adopt a school calendar consisting of a minimum of 185 days or 1,025 hours of instruction covering at least nine calendar months.

(3)        Standards of performance and conduct. – The board of trustees shall establish policies and standards for academic performance, attendance, and conduct for students of the lab school. The policies of the board of trustees shall comply with Article 27 of Chapter 115C of the General Statutes.

(4)        Food and transportation services. – The local school administrative unit in which the lab school is located shall continue to provide food services and transportation to students attending the lab school. The board of trustees shall arrange for the provision of these services from the local school administrative unit.

(5)        School attendance. – Every parent, guardian, or other person in this State having charge or control of a child who is enrolled in the lab school and who is less than 16 years of age shall cause such child to attend school continuously for a period equal to the time that the lab school shall be in session. No person shall encourage, entice, or counsel any child to be unlawfully absent from the lab school. Any person who aids or abets a student's unlawful absence from the lab school shall, upon conviction, be guilty of a Class 1 misdemeanor. The principal shall be responsible for implementing such additional policies concerning compulsory attendance as shall be adopted by the board of trustees, including regulations concerning lawful and unlawful absences, permissible excuses for temporary absences, maintenance of attendance records, and attendance counseling.

(6)        Reporting. – The board of trustees shall comply with the reporting requirements established by the State Board of Education in the Uniform Education Reporting System.

(7)        Assessment results. – The board of trustees shall provide data to the local school administrative unit on the performance of that student on any testing required by the State Board of Education.

(8)        Education of children with disabilities. – The board of trustees shall require compliance with laws and policies relating to the education of children with disabilities.

(9)        Health and safety. – The board of trustees shall require that the lab school meet the same health and safety standards required of a local school administrative unit. The Department of Public Instruction shall ensure that lab schools comply with G.S. 115C‑375.2A. The board of trustees of a lab school shall provide the school with a supply of emergency epinephrine auto‑injectors necessary to carry out the provisions of G.S. 115C‑375.2A.

(10)      School Risk Management Plan. – Each lab school, in coordination with local law enforcement agencies, is encouraged to adopt a School Risk Management Plan (SRMP) relating to incidents of school violence. In constructing and maintaining these plans, a lab school may utilize the School Risk and Response Management System (SRRMS) established pursuant to G.S. 115C‑105.49A. These plans are not considered a public record as the term "public record" is defined under G.S. 132‑1 and shall not be subject to inspection and examination under G.S. 132‑6.

(11)      Schematic diagrams and school crisis kits. – Lab schools are encouraged to provide schematic diagrams and keys to the main entrance of school facilities to local law enforcement agencies, in addition to implementing the provisions in G.S. 115C‑105.52.

(12)      School safety exercises. – At least once a year, a lab school is encouraged to hold a full schoolwide lockdown exercise with local law enforcement and emergency management agencies that are part of the lab school's SRMP.

(13)      Safety information provided to the Department of Public Safety, Division of Emergency Management. – A lab school is encouraged to provide the following: (i) schematic diagrams, including digital schematic diagrams and (ii) emergency response information requested by the Division for the SRMP. The schematic diagrams and emergency response information are not considered public records as the term "public record" is defined under G.S. 132‑1 and shall not be subject to inspection and examination under G.S. 132‑6.

(14)      North Carolina school report cards. – A lab school shall ensure that the report card issued for it by the State Board of Education receives wide distribution to the local press or is otherwise provided to the public. A lab school shall ensure that the overall school performance score and grade earned by the lab school for the current and previous four school years is prominently displayed on the school Web site. If a lab school is awarded a grade of D or F, the lab school shall provide notice of the grade in writing to the parent or guardian of all students enrolled in that school.

(15)      Policy against bullying. – A lab school is encouraged to adopt a policy against bullying or harassing behavior, including cyberbullying, that is consistent with the provisions of Article 29C of Chapter 115C of the General Statutes. If a lab school adopts a policy to prohibit bullying and harassing behavior, the lab school shall, at the beginning of each school year, provide the policy to staff, students, and parents as defined in G.S. 115C‑390.1(b)(8).

(16)      Access for youth groups. – Lab schools are encouraged to facilitate access for students to participate in activities provided by any youth group listed in Title 36 of the United States Code as a patriotic society, such as the Boy Scouts of America, and its affiliated North Carolina groups and councils, and the Girl Scouts of the United States of America, and its affiliated North Carolina groups and councils. Student participation in any activities offered by these organizations shall not interfere with instructional time during the school day for the purposes of encouraging civic education.

"§ 116‑239.9.  Student admissions and assignment.

(a)        Any child who is residing in a local school administrative unit in which a lab school is located and is enrolled in a low‑performing school, as defined by G.S. 115C‑105.37 at the time of the student's application, may attend the lab school.

(b)        No local board of education shall require any student enrolled in the local school administrative unit to attend a lab school.

(c)        During each period of enrollment, the lab school shall enroll an eligible student who submits a timely application, with priority enrollment given in the order in which applications are received to a student who did not meet expected student growth in the prior school year based on any of the following: (i) grades, (ii) observations, (iii) diagnostic and formative assessments, (iv) State assessments, or (v) other factors, including reading on grade level. If the number of applications from other eligible students exceeds the capacity of a program, class, grade level, or building, those students shall be accepted by lot. Once enrolled, students are not required to reapply in subsequent enrollment periods.

(d)       Notwithstanding any law to the contrary, a lab school may refuse admission to any student who has been expelled or suspended from a public school under G.S. 115C‑390.5 through G.S. 115C‑390.11 until the period of suspension or expulsion has expired.

"§ 116‑239.10.  Employees.

The board of trustees shall appoint all licensed and nonlicensed staff in accordance with the following:

(1)        Principal. – The constituent institution shall employ and contract with a principal for a term not to exceed three years. The principal shall meet the requirements for licensure set out in G.S. 115C‑284, unless waived by the State Board of Education upon submission of a request by the board of trustees. The principal shall be responsible for school operations and shall exercise those duties and powers delegated by the board of trustees.

(2)        Faculty members. – Faculty members may serve simultaneously as instructional personnel for the lab school and the constituent institution.

(3)        Teachers. – The constituent institution shall employ and contract with necessary teachers to perform the particular service for which they are employed in the school. At least fifty percent (50%) of teachers employed by the constituent institution shall hold teacher licenses, unless waived by the State Board of Education upon submission of a request by the board of trustees.

(4)        Leave of absence from local school administrative unit. – If a teacher employed by a local school administrative unit makes a written request for a leave of absence to teach at the lab school, the local school administrative unit shall grant the leave for one year. For the initial year of the lab school's operation, the local school administrative unit may require that the request for a leave of absence be made up to 45 days before the teacher would otherwise have to report for duty. After the initial year of the lab school's operation, the local school administrative unit may require that the request for a leave of absence be made up to 90 days before the teacher would otherwise have to report for duty. A local board of education is not required to grant a request for a leave of absence or a request to extend or renew a leave of absence for a teacher who previously has received a leave of absence from that local board under this subdivision. A teacher who has career status under G.S. 115C‑325 prior to receiving a leave of absence to teach at the lab school may return to a public school in the local school administrative unit with career status at the end of the leave of absence or upon the end of employment at the lab school if an appropriate position is available. If an appropriate position is unavailable, the teacher's name shall be placed on a list of available teachers in accordance with G.S. 115C‑325(e)(2).

(5)        Nonlicensed employees. – The constituent institution also may employ necessary employees who are not required to hold teacher licenses to perform duties other than teaching and may contract for other services.

(6)        Employment dismissal. – An employee of the constituent institution is not an employee of the local school administrative unit in which the lab school is located. The constituent institution may discharge licensed and nonlicensed employees according to the terms of the employment contract.

(7)        Employee benefits. – Employees of the constituent institution shall participate in the Teachers' and State Employees' Retirement System and the State Health Plan on the same terms as other employees employed by the constituent institution.

(8)        Exemptions. – Employees of the constituent institution shall be exempt from Chapter 126 of the General Statutes, except Articles 6 and 7.

"§ 116‑239.11.  State and local funds.

(a)        The State Board of Education shall allocate to a lab school the following:

(1)        An amount equal to the average per pupil allocation for average daily membership from the local school administrative unit allotments in which the school is located for each child attending the lab school, except for the allocation for children with disabilities and for the allocation for children with limited English proficiency.

(2)        An additional amount for each child attending the lab school who is a child with disabilities. In the event a child with disabilities leaves the lab school and enrolls in a public school during the first 60 school days in the school year, the lab school shall return a pro rata amount of funds allocated for that child to the State Board, and the State Board shall reallocate those funds to the local school administrative unit in which the public school is located. In the event a child with disabilities enrolls in the lab school during the first 60 school days in the school year, the State Board shall allocate to the lab school the pro rata amount of additional funds for children with disabilities.

(3)        An additional amount for children with limited English proficiency attending the lab school, based on a formula adopted by the State Board.

(b)        The State Board shall allow for annual adjustments to the amount allocated to the lab school based on its enrollment growth in school years subsequent to the initial year of operation.

(c)        Funds allocated by the State Board of Education may be used to enter into operational and financing leases for real property or mobile classroom units for use as school facilities for lab schools and may be used for payments on loans made to lab schools for facilities, equipment, or operations. However, State funds allocated under this section shall not be used to obtain any other interest in real property or mobile classroom units.

(d)       If a student attends a lab school, the local school administrative unit in which the child resides shall transfer to the lab school an amount equal to the per pupil share of the local current expense fund of the local school administrative unit for the fiscal year. The per pupil share of the local current expense fund shall be transferred to the lab school within 30 days of the receipt of monies into the local current expense fund. The local school administrative unit and lab school may use the process for mediation of differences provided in G.S. 115C‑218.95(d) to resolve differences on calculation and transference of the per pupil share of the local current expense fund. The amount transferred under this subsection that consists of revenue derived from supplemental taxes shall be transferred only to a lab school located in the tax district for which these taxes are levied and in which the student resides.

(e)        The local school administrative unit shall also provide each lab school to which it transfers a per pupil share of its local current expense fund with all of the following information within the 30‑day time period provided in subsection (d) of this section:

(1)        The total amount of monies the local school administrative unit has in each of the funds listed in G.S. 115C‑426(c).

(2)        The student membership numbers used to calculate the per pupil share of the local current expense fund.

(3)        How the per pupil share of the local current expense fund was calculated.

(4)        Any additional records requested by a lab school from the local school administrative unit in order for the lab school to audit and verify the calculation and transfer of the per pupil share of the local current expense fund.

(f)        Prior to commencing an action under subsection (d) of this section, the complaining party shall give the other party 15 days' written notice of the alleged violation. The court shall award the prevailing party reasonable attorneys' fees and costs incurred in an action under subsection (d) of this section. The court shall order any delinquent funds, costs, fees, and interest to be paid in equal monthly installments and shall establish a time for payment in full that shall be no later than one year from the entry of any judgment.

"§ 116‑239.12.  Criminal history record checks.

(a)        As used in this section:

(1)        "Criminal history" means a county, state, or federal criminal history of conviction of a crime, whether a misdemeanor or a felony, that indicates an individual (i) poses a threat to the physical safety of students or personnel or (ii) has demonstrated that he or she does not have the integrity or honesty to fulfill his or her duties as school personnel. These crimes include the following North Carolina crimes contained in any of the following Articles of Chapter 14 of the General Statutes: Article 5A, Endangering Executive and Legislative, and Court Officers; Article 6, Homicide; Article 7B, Rape and Other Sex Offenses; Article 8, Assaults; Article 10, Kidnapping and Abduction; Article 13, Malicious Injury or Damage by Use of Explosive or Incendiary Device or Material; Article 14, Burglary and Other Housebreakings; Article 15, Arson and Other Burnings; Article 16, Larceny; Article 17, Robbery; Article 18, Embezzlement; Article 19, False Pretense and Cheats; Article 19A, Obtaining Property or Services by False or Fraudulent Use of Credit Device or Other Means; Article 20, Frauds; Article 21, Forgery; Article 26, Offenses Against Public Morality and Decency; Article 26A, Adult Establishments; Article 27, Prostitution; Article 28, Perjury; Article 29, Bribery; Article 31, Misconduct in Public Office; Article 35, Offenses Against the Public Peace; Article 36A, Riots and Civil Disorders; Article 39, Protection of Minors; and Article 60, Computer‑Related Crime. These crimes also include possession or sale of drugs in violation of the North Carolina Controlled Substances Act, Article 5 of Chapter 90 of the General Statutes, and alcohol‑related offenses such as sale to underage persons in violation of G.S. 18B‑302 or driving while impaired in violation of G.S. 20‑138.1 through G.S. 20‑138.5. In addition to the North Carolina crimes listed in this subdivision, such crimes also include similar crimes under federal law or under the laws of other states.

(2)        "School personnel" means any of the following:

a.         Member of the board of trustees or the advisory board.

b.         Employee of the lab school.

c.         Independent contractor or employee of an independent contractor of the lab school if the independent contractor carries out duties customarily performed by school personnel, whether paid with federal, State, local, or other funds, who has significant access to students or who has responsibility for the fiscal management of the lab school.

(b)        The board of trustees shall adopt a policy that requires an applicant for a school personnel position to be checked for a criminal history as provided in subsection (c) of this section. The board of trustees shall apply its policy uniformly in requiring applicants for school personnel positions to be checked for a criminal history. The board of trustees may grant conditional approval of an application while the board of trustees is checking a person's criminal history and making a decision based on the results of the check. An applicant for a school personnel position shall not be required to be checked for a criminal history if he or she has received a license within six months of employment that required a criminal history check equivalent to the criminal history check required in subsection (c) of this section.

The board of trustees shall not require an applicant to pay for the criminal history record check authorized under this section.

(c)        The board of trustees shall require the person to be checked by the Department of Public Safety (i) to be fingerprinted and to provide any additional information required by the Department of Public Safety to a person designated by the board of trustees or to the local sheriff or the municipal police, whichever is more convenient for the person and (ii) to sign a form consenting to the check of the criminal record and to the use of fingerprints and other identifying information required by the repositories. The board of trustees shall consider refusal to consent when making employment decisions and decisions with regard to independent contractors. The fingerprints of the individual shall be forwarded to the State Bureau of Investigation for a search of the State criminal history record file, and the State Bureau of Investigation shall forward a set of fingerprints to the Federal Bureau of Investigation for a national criminal history record check. The Department of Public Safety shall provide to the board of trustees the criminal history from the State and National Repositories of Criminal Histories of any school personnel for which the board of trustees requires a criminal history record check.

The board of trustees shall not require school personnel to pay for fingerprints authorized under this section.

(d)       The board of trustees shall review the criminal history it receives on an individual. The board of trustees shall determine whether the results of the review indicate that the individual (i) poses a threat to the physical safety of students or personnel or (ii) has demonstrated that he or she does not have the integrity or honesty to fulfill his or her duties as school personnel and shall use the information when making employment decisions and decisions with regard to independent contractors. The board of trustees shall make written findings with regard to how it used the information when making employment decisions and decisions with regard to independent contractors. The board of trustees may delegate any of the duties in this subsection to the principal.

(e)        The board of trustees, or the principal if designated by the board of trustees, shall provide to the State Board of Education the criminal history it receives on a person who is certificated, certified, or licensed by the State Board of Education. The State Board of Education shall review the criminal history and determine whether the person's certificate or license should be revoked in accordance with State laws and rules regarding revocation.

(f)        All the information received by the board of trustees through the checking of the criminal history or by the State Board of Education in accordance with this section is privileged information and is not a public record but is for the exclusive use of the board of trustees or the State Board of Education. The board of trustees or the State Board of Education may destroy the information after it is used for the purposes authorized by this section after one calendar year.

(g)        There shall be no liability for negligence on the part of the board of trustees, or its employees, or the State Board of Education, or its employees, arising from any act taken or omission by any of them in carrying out the provisions of this section. The immunity established by this subsection shall not extend to gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable. The immunity established by this subsection shall be deemed to have been waived to the extent of indemnification by insurance, indemnification under Articles 31A and 31B of Chapter 143 of the General Statutes, and to the extent sovereign immunity is waived under the Tort Claims Act, as set forth in Article 31 of Chapter 143 of the General Statutes.

(h)        Any applicant for employment who willfully furnishes, supplies, or otherwise gives false information on an employment application that is the basis for a criminal history record check under this section shall be guilty of a Class A1 misdemeanor.

"§ 116‑239.13.  Review of lab schools.

The Board of Governors of The University of North Carolina, in conjunction with the constituent institutions operating lab schools and the State Board of Education, shall review and evaluate the educational effectiveness of the lab schools authorized under this Article for both public school students and students enrolled in educator preparation programs. The Board of Governors shall report by November 15 of each year to the Joint Legislative Education Oversight Committee on the following:

(1)        Information on public school student enrollment in each lab school, including student demographics.

(2)        The public school student admissions process and the number of students enrolled under the priority admissions category at each lab school.

(3)        Public school student achievement data, including school performance grades and student achievement scores and student growth, at each lab school.

(4)        Public school student academic progress in each lab school as measured against the previous school year and against other schools located in the local school administrative unit and statewide.

(5)        Information on the student outcomes for students who are enrolled in each educator preparation program who obtained clinical experience in school leadership and teaching in the lab schools, including the performance elements reported under G.S. 115C‑296.13(b).

(6)        Best practices resulting from lab school operations.

(7)        Other information the Board considers appropriate."

SECTION 11.6.(b)  G.S. 14‑458.2(a) reads as rewritten:

"(a)      The following definitions apply in this section:

(1)        School employee. – The term means any of the following:

a.         An employee of a local board of education, a charter school authorized under G.S. 115C‑218.5, a regional school created under G.S. 115C‑238.62, a lab school created under G.S. 116‑239.7, or a nonpublic school which has filed intent to operate under Part 1 or Part 2 of Article 39 of Chapter 115C of the General Statutes.

b.         An independent contractor or an employee of an independent contractor of a local board of education, a charter school authorized under G.S. 115C‑218.5, a regional school created under G.S. 115C‑238.62, a lab school created under G.S. 116‑239.7, or a nonpublic school which has filed intent to operate under Part 1 or Part 2 of Article 39 of Chapter 115C of the General Statutes, if the independent contractor carries out duties customarily performed by employees of the school.

(2)        Student. – A person who has been assigned to a school by a local board of education as provided in G.S. 115C‑366 or has enrolled in a charter school authorized under G.S. 115C‑218.5, a regional school created under G.S. 115C‑238.62, a lab school created under G.S. 116‑239.7, or a nonpublic school which has filed intent to operate under Part 1 or Part 2 of Article 39 of Chapter 115C of the General Statutes, or a person who has been suspended or expelled from any of those schools within the last year."

SECTION 11.6.(c)  G.S. 115C‑83.15 reads as rewritten:

"§ 115C‑83.15.  School achievement, growth, performance scores, and grades.

(b)        Calculation of the School Achievement Score. – In calculating the overall school achievement score earned by schools, the State Board of Education shall total the sum of points earned by a school on all of the following indicators that are measured for that school:

(1)        One point for each percent of students who score at or above proficient on annual assessments for mathematics in grades three through eight.

(2)        One point for each percent of students who score at or above proficient on annual assessments for reading in grades three through eight.

(3)        One point for each percent of students who score at or above proficient on annual assessments for science in grades five and eight.

(4)        One point for each percent of students who score at or above proficient on the Algebra I or Integrated Math I end‑of‑course test.

(5)        One point for each percent of students who score at or above proficient on the English II end‑of‑course test.

(6)        One point for each percent of students who score at or above proficient on the Biology end‑of‑course test.

(7)        One point for each percent of students who complete Algebra II or Integrated Math III with a passing grade.

(8)        One point for each percent of students who achieve the minimum score required for admission into a constituent institution of The University of North Carolina on a nationally normed test of college readiness.

(9)        One point for each percent of students enrolled in Career and Technical Education courses who meet the standard when scoring at Silver, Gold, or Platinum levels on a nationally normed test of workplace readiness.

(10)      One point for each percent of students who graduate within four years of entering high school.

In calculating the overall school achievement score earned by schools, the State Board of Education shall (i) use a composite approach to weigh the achievement elements based on the number of students measured by any given achievement element and (ii) proportionally adjust the scale to account for the absence of a school achievement element for award of scores to a school that does not have a measure of one of the school achievement elements annually assessed for the grades taught at that school. The overall school achievement score shall be translated to a 100‑point scale and used for school reporting purposes as provided in G.S. 115C‑12(9)c1., 115C‑218.65, and 115C‑238.66.115C‑238.66, and 116‑239.8.

(c)        Calculation of the School Growth Score. – Using EVAAS, the State Board shall calculate the overall growth score earned by schools. In calculating the total growth score earned by schools, the State Board of Education shall weight student growth on the achievement indicators as provided in subsection (b) of this section that have available growth values. The numerical values used to determine whether a school has met, exceeded, or has not met expected growth shall be translated to a 100‑point scale and used for school reporting purposes as provided in G.S. 115C‑12(9)c1., 115C‑218.65, and 115C‑238.66.115C‑238.66, and 116‑239.8.

(d)       Calculation of the School Performance Scores and Grades. – The State Board of Education shall use EVAAS to calculate the school performance score by adding the school achievement score, as provided in subsection (b) of this section, and the school growth score, as provided in subsection (c) of this section, earned by a school. The school achievement score shall account for eighty percent (80%), and the school growth score shall account for twenty percent (20%) of the total sum. If a school has met expected growth and inclusion of the school's growth score reduces the school's performance score and grade, a school may choose to use the school achievement score solely to calculate the performance score and grade. For all schools, the total school performance score shall be converted to a 100‑point scale and used to determine a school performance grade based on the following scale:

(1)        A school performance score of at least 90 is equivalent to an overall school performance grade of A.

(2)        A school performance score of at least 80 is equivalent to an overall school performance grade of B.

(3)        A school performance score of at least 70 is equivalent to an overall school performance grade of C.

(4)        A school performance score of at least 60 is equivalent to an overall school performance grade of D.

(5)        A school performance score of less than 60 points is equivalent to an overall school performance grade of F.

(e)        Elementary and Middle School Reading and Math Achievement Scores. – For schools serving students in kindergarten through eighth grade, the school achievement scores in reading and mathematics, respectively, shall be reported separately on the annual school report card provided under G.S. 115C‑12(9)c1., 115C‑218.65, and 115C‑238.66.115C‑238.66, and 116‑239.8.

(f)        Indication of Growth. – In addition to awarding the overall school scores for achievement, growth, and performance and the performance grade, using EVAAS, the State Board shall designate that a school has met, exceeded, or has not met expected growth. The designation of student growth shall be clearly displayed in the annual school report card provided under G.S. 115C‑12(9)c1., 115C‑218.65, and 115C‑238.66.115C‑238.66, and 116‑239.8."

SECTION 11.6.(d)  Notwithstanding G.S. 116‑239.5, four lab schools shall be established pursuant to Article 29A of Chapter 116 of the General Statutes, as enacted by this section, to begin operation in the 2017‑2018 school year. Four additional lab schools shall be established to begin operation in the 2018‑2019 school year.

SECTION 11.6.(e)  Notwithstanding G.S. 116‑239.7(a), as enacted by this section, by November 1, 2016, the Board of Governors of The University of North Carolina shall submit the plan for the location of the eight lab schools, including identifying the constituents institutions that will be operating the lab schools, to the Joint Legislative Commission on Governmental Operations in accordance with G.S. 116‑239.7(a).

Notwithstanding Article 29A of Chapter 116 of the General Statutes, as enacted by this section, no earlier than April 1, 2017, a constituent institution of The University of North Carolina with an educator preparation program that has been designated by the Board of Governors to establish a lab school shall adopt a resolution to create the lab school under G.S. 116‑239.7 and in accordance with subsection (d) of this section.

SECTION 11.6.(f)  The nonrecurring funds in the amount of one million dollars ($1,000,000) appropriated by this act to the Board of Governors for the UNC Teacher and Principal Preparation Laboratory School Program shall be allocated to The University of North Carolina General Administration to provide administrative and technical assistance to constituent institutions with educator preparation programs to support the establishment of lab schools in accordance with this section.

SECTION 11.6.(g)  By November 15, 2017, the Board of Governors shall submit a report to the Joint Legislative Education Oversight Committee on the progress of establishing the lab schools, including information on student enrollment numbers and the admissions process and any other information the Board deems relevant. By November 15, 2018, the Board of Governors shall submit the initial report required by G.S. 116‑239.13 to the Joint Legislative Education Oversight Committee.

 

REPEAL LIMIT ON USE OF STATE FUNDS FOR UNC ADVANCEMENT ACTIVITY

SECTION 11.7.  Section 11.6 of S.L. 2015‑241 is repealed.

 

Establish North Carolina Policy Collaboratory at The University of North Carolina at Chapel Hill

SECTION 11.8.  The one million dollars ($1,000,000) in recurring funds appropriated in this act to the Board of Governors of The University of North Carolina for the 2016‑2017 fiscal year to establish and operate a North Carolina Policy Collaboratory at the University of North Carolina at Chapel Hill shall be used to establish a Collaboratory that facilitates the dissemination of the policy and research expertise of The University of North Carolina for practical use by State and local government. The Collaboratory, at a minimum, shall conduct research on natural resources management, including, but not limited to, research related to the environmental and economic components of the management of the natural resources within the State of North Carolina and of new technologies for habitat, environmental, and water quality improvement. The Collaboratory shall develop and disseminate relevant best practices to interested parties, may lead or participate in projects across the State related to natural resource management, and may make recommendations to the General Assembly from time to time.

 

REIMBURSE FINE ASSESSED AGAINST UNC‑CHAPEL HILL FOR EXCEEDING OUT‑OF‑STATE STUDENT ADMISSION LIMIT

SECTION 11.9.  Of the funds appropriated by this act to the Board of Governors of The University of North Carolina for the 2016‑2017 fiscal year, the sum of five hundred thousand dollars ($500,000) shall be allocated to the University of North Carolina at Chapel Hill as a reimbursement for the fine assessed against the University of North Carolina at Chapel Hill for exceeding the eighteen percent (18%) limit on the admission of out‑of‑state students in the entering freshman class for the 2015‑2016 academic year.

 

SUBPART XI‑A. University/State Education Assistance Authority

 

MODIFICATIONS TO THE SPECIAL EDUCATION SCHOLARSHIP GRANT PROGRAM FOR CHILDREN WITH DISABILITIES

SECTION 11A.2.(a)  G.S. 115C‑112.5(2) reads as rewritten:

"(2)      Eligible student. – A child under the age of 22 who resides in North Carolina and meets all of the following criteria:

a.         Is a child with a disability.

b.         Is eligible to attend a North Carolina public school pursuant to G.S. 115C‑366.

c.         Has not been placed in a nonpublic school or facility by a public agency at public expense.

d.         Has not been enrolled in a postsecondary institution as a full‑time student taking at least 12 hours of academic credit.

e.         Has not received a high school diploma.

f.          Meets at least one of the following requirements:

1.         Was enrolled in a North Carolina public school or a Department of Defense Elementary and Secondary School, established pursuant to 10 U.S.C. § 2164 and located in North Carolina, during the previous semester.

2.         Received special education or related services through the North Carolina public schools as a preschool child with a disability during the previous semester.

3.         Was approved for a scholarship for the previous semester.

4.         Is a child who is identified as a child with a disability prior to the end of the year of initial enrollment in kindergarten or first grade. An award by the Authority based on eligibility under this sub‑sub‑subdivision shall be conditional. If documentation is not provided to the Authority that the child is a child with a disability prior to the end of the year of initial enrollment, (i) no reimbursement shall be awarded and (ii) the child shall not qualify the following year as an eligible student under sub‑sub‑subdivision 3. of this section.

5.         Is a child whose parent or legal guardian is on full‑time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. § 12301, et seq., and 10 U.S.C. § 12401, et seq.

6.         Is a child who has been domiciled in the State for at least six months."

SECTION 11A.2.(b)  G.S. 115C‑112.6 reads as rewritten:

"§ 115C‑112.6.  Scholarships.

(a)        Scholarship Applications. – The Authority shall make available no later than May 1 annually applications to eligible students for the award of scholarships. Information about scholarships and the application process shall be made available on the Authority's Web site. The Authority shall give priority in awarding scholarships to eligible students who received a scholarship during the previous semester. Except as otherwise provided by the Authority for prior scholarship recipients, scholarships shall be awarded to eligible students in the order in which the applications are received.

(a1)      Web Site Availability. – Information about scholarships and the application process shall be made available on the Authority's Web site. The Authority shall also include information on the Web site notifying parents that federal regulations adopted under IDEA provide that no parentally placed private school child with a disability has an individual right to receive some or all of the special education and related services that the child would receive if enrolled in a public school.

(a2)      Priority of Awards. – The Authority shall award scholarships according to the following criteria for applications received by June 15 each year:

(1)        First priority shall be given to eligible students who received a scholarship during the previous semester.

(2)        After scholarships have been awarded under subdivision (1) of this subsection, scholarships shall be awarded to students who are eligible under G.S. 115C‑112.5(2)f.1., 2., 4., and 5.

(3)        After scholarships have been awarded under subdivision (2) of this subsection, scholarships shall be awarded to students who are eligible under G.S. 115C‑112.5(2)f.6.

Scholarships shall be awarded to eligible students in each subdivision of this subsection in the order in which the applications are received.

(b)        Scholarship Awards. – Scholarships awarded to eligible students shall be for amounts of not more than four thousand dollars ($4,000) per semester per eligible student. Eligible students awarded scholarships may not be enrolled in a public school to which that student has been assigned as provided in G.S. 115C‑366. Scholarships shall be awarded only for tuition and for the reimbursement of special education, related services, and educational technology, as provided in subsection (b1) of this section. The Authority shall notify parents in writing of their eligibility to receive scholarships for costs that will be incurred during the spring semester of the following year by December 1 and for costs incurred during the fall semester of that year by July 1.

(b1)      Disbursement of Scholarship Funds. – The Authority shall disburse scholarship funds for tuition and for the reimbursement of costs incurred by the parent of an eligible student as follows:

(1)        ScholarshipTuition endorsement for tuition.and reimbursement. – – The Authority shall remit, at least two times each school year, scholarship funds awarded to eligible students for endorsement by at least one of the student's parents or guardians for tuition to attend (i) a North Carolina public school other than the public school to which that student has been assigned as provided in G.S. 115C‑366 or (ii) a nonpublic school that meets the requirements of Part 1 or Part 2 of Article 39 of this Chapter as identified by the Department of Administration, Division of Nonpublic Education. The Authority shall disburse scholarship funds awarded to eligible students for tuition at a nonpublic school based upon the method selected by the nonpublic school. A nonpublic school may elect to participate in the scholarship endorsement for tuition option or the reimbursement for tuition option as set forth in this subdivision. Scholarship funds shall not be provided for tuition for home schooled students. If the student is attending a nonpublic school, the school must be deemed eligible by the Division of Nonpublic Education, pursuant to G.S. 115C‑562.4, and the school shall be subject to the requirements of G.S. 115C‑562.5. The parent or guardian shall restrictively endorse the scholarship funds awarded to the eligible student to the school for deposit into the account of the school. The parent or guardian shall not designate any entity or individual associated with the school as the parent's attorney‑in‑fact to endorse the scholarship funds but shall endorse the scholarship funds in person at the site of the school. A parent's or guardian's failure to comply with this section shall result in forfeiture of the scholarship funds. A scholarship forfeited for failure to comply with this section shall be returned to the Authority to be awarded to another student.Scholarship funds for tuition shall be disbursed as follows:

a.         Scholarship endorsement for tuition. – The Authority shall remit, at least two times each school year, scholarship funds awarded to eligible students for endorsement by at least one of the student's parents or guardians for tuition to attend a nonpublic school that meets the requirements of Part 1 or Part 2 of Article 39 of this Chapter as identified by the Department of Administration, Division of Nonpublic Education, is deemed eligible by the Division, and is subject to the requirements of G.S. 115C‑562.5. The parent or guardian shall restrictively endorse the scholarship funds awarded to the eligible student to the school for deposit into the account of the school. The parent or guardian shall not designate any entity or individual associated with the school as the parent's attorney‑in‑fact to endorse the scholarship funds but shall endorse the scholarship funds in person at the site of the school. A parent's or guardian's failure to comply with this section shall result in forfeiture of the scholarship funds. A scholarship forfeited for failure to comply with this section shall be returned to the Authority to be awarded to another student.

b.         Reimbursement for tuition. – The parent or guardian of an eligible student who enrolls in a school that is (i) a North Carolina public school other than the public school to which that student has been assigned as provided in G.S. 115C‑366 or (ii) a nonpublic school that meets the requirements of Part 1 or Part 2 of Article 39 of this Chapter as identified by the Department of Administration, Division of Nonpublic Education, is deemed eligible by the Division, and is not subject to G.S. 115C‑562.5, shall pay tuition directly to the school. The Authority shall reimburse the parent or guardian no sooner than the midpoint of each semester. A parent or guardian may receive reimbursement for tuition if the parent or guardian provides documentation that the student was enrolled in a school under this sub‑subdivision.

(2)        Scholarship reimbursements for costs. – Scholarship reimbursement for costs incurred shall be provided as follows:

a.         Preapproval process. – Prior to the start of each school semester, the parent of an eligible student may submit documentation of the special education, related services, or educational technology the parent anticipates incurring costs on in that semester for preapproval by the Authority.

b.         Reimbursement submissions. – Following the conclusion of each school semester, the parent of an eligible student shall submit to the Authority any receipts or other documentation approved by the Authority to demonstrate the costs incurred during the semester. In addition, parents shall provide documentation of the following to seek reimbursement:

1.         Special education reimbursement. – Parents may only receive reimbursement for special education if the parent provides documentation that the student received special education for no less than 75 days of the semester for which the parent seeks reimbursement. Special education reimbursement shall not be provided for special education instruction provided to a home schooled student by a member of the household of a home school, as defined in G.S. 115C‑563(a).

2.         Related services reimbursement. – Parents may only receive reimbursement for related services if the parent provides documentation that the student also received special education for no less than 75 days of the semester for which the parent seeks reimbursement for the related services. Related services reimbursement shall not be provided for related services provided to a home schooled student by a member of the household of a home school, as defined in G.S. 115C‑563(a).

3.         Educational technology reimbursement. – Parents may only receive reimbursement for educational technology if the parent provides documentation that the student used the educational technology for no less than 75 days of the semester for which the parent seeks reimbursement.

c.         Scholarship award. – The Authority shall award a scholarship in the amount of costs demonstrated by the parent up to the maximum amount. If the costs incurred by the parent do not meet the maximum amount,amount for the fall semester, the Authority shall use the remainder of those funds for the award of scholarships to eligible students for the following semester.spring semester. The Authority shall award scholarships to the parents of eligible students at least semiannually.

d.         Carryforward of funds for reimbursements. – Any unexpended scholarship funds at the end of each fiscal year shall revert to the General Fund, except that the Authority may carry forward for the next fiscal year an amount necessary to ensure that any outstanding, allowable reimbursements can be disbursed in accordance with this section. Any funds carried forward for the purpose of meeting anticipated reimbursement obligations from the prior fiscal year that are not expended shall not be used to award additional scholarships to eligible students but shall revert to the General Fund at the end of the that fiscal year.

(c)        Student Continuing Eligibility. – After an eligible student's initial receipt of a scholarship, the Authority shall ensure that the student's continuing eligibility is assessed at least every three years by one of the following:

(1)        The local educational agency. – The local school educational agency shall assess if the child continues to be a child with a disability and verify the outcome on a form to be provided to the Authority.

(2)        A licensed psychologist with a school psychology focus.focus or a psychiatrist. – The psychologist or psychiatrist shall assess, after review of appropriate medical and educational records, if the education and related services received by the student in the nonpublic school setting have improved the child's educational performance and if the student would continue to benefit from placement in the nonpublic school setting. The psychologist or psychiatrist shall verify the outcome of the assessment on a form to be provided to the Authority.

…."

SECTION 11A.2.(c)  G.S. 115C‑112.8(b) reads as rewritten:

"(b)      The annual report shall include all of the following information:

(1)        Total number, age, and grade level of eligible students receiving scholarships.

(2)        Total amount of scholarship funding awarded.

(3)        Nonpublic schools in which scholarship recipients are enrolled and the number of scholarship students at that school.

(4)        The type of special education or related services for which scholarships were awarded.

(5)        Total number of applicants by eligibility type, as listed in G.S. 115C‑112.5(2)f., and the total number of scholarships awarded by priority type, as listed in G.S. 115C‑112.6(a2)."

SECTION 11A.2.(d)  Notwithstanding G.S. 115C‑112.5(2)f.1., for the 2016‑2017 school year only, a child shall be deemed to have met the eligibility requirement of enrollment in a North Carolina public school during the previous semester under G.S. 115C‑112.5(2)f.1. if (i) the child's parent or guardian submitted an application and was eligible to receive a scholarship grant under Part 1H of Article 9 of Chapter 115C of the General Statutes for the 2015‑2016 school year and was enrolled in a public school for at least 75 days during the spring semester of the 2014‑2015 school year or (ii) the child was enrolled for at least 75 days during the spring semester of the 2015‑2016 school year.

SECTION 11A.2.(e)  Except as otherwise provided in this section, this section applies beginning with the 2016‑2017 school year.

 

OPPORTUNITY SCHOLARSHIP MODIFICATIONS/PROGRAM FORWARD FUNDING

SECTION 11A.3.(a)  G.S. 115C‑562.1(3) reads as rewritten:

"(3)      Eligible students. – A student residing in North Carolina who has not yet received a high school diploma and who meets all of the following requirements:

a.         Meets one of the following criteria:

1.         Was a full‑time student (i) assigned to and attending a public school pursuant to G.S. 115C‑366 or (ii) enrolled in a Department of Defense Elementary and Secondary School, established pursuant to 10 U.S.C. § 2164 and located in North Carolina, during the previous semester.

2.         Received a scholarship grant during the previous school year.

3.         Is entering either kindergarten or the first grade.

4.         Is a child in foster care as defined in G.S. 131D‑10.2(9).

5.         Is a child whose adoption decree was entered not more than one year prior to submission of the scholarship grant application.

6.         Is a child whose parent or legal guardian is on full‑time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. § 12301, et seq., and 10 U.S.C. § 12401, et seq.

a1.       Has not enrolled in a postsecondary institution in a matriculated status eligible for enrollment for 12 hours of academic credit.

b.         Resides in a household with an income level not in excess of one hundred thirty‑three percent (133%) of the amount required for the student to qualify for the federal free or reduced‑price lunch program."

SECTION 11A.3.(b)  G.S. 115C‑562.2(a)(2) reads as rewritten:

"(2)      After scholarship grants have been awarded to prior recipients as provided in subdivision (1) of this subsection, scholarships shall be awarded with remaining funds as follows:

a.         At least fifty percent (50%) of the remaining funds shall be used to award scholarship grants to eligible students residing in households with an income level not in excess of the amount required for the student to qualify for the federal free or reduced‑price lunch program.

b.         No more than thirty‑five percent (35%)forty percent (40%) of the remaining funds shall be used to award scholarship grants to eligible students entering either kindergarten or first grade.

c.         Any remaining funds shall be used to award scholarship grants to all other eligible students."

SECTION 11A.3.(c)  It is the intent of the General Assembly to move the Opportunity Scholarship Grant program funding into the Opportunity Scholarship Grant Fund Reserve (Reserve) established under G.S. 115C‑562.8, as enacted by this section, so that funds appropriated for scholarship grants in a fiscal year are awarded to students for the school year in the following fiscal year. This change shall provide additional program stability.

SECTION 11A.3.(d)  G.S. 115C‑562.1 is amended by adding a new subdivision to read:

"(5a)    Reserve. – The Opportunity Scholarship Grant Fund Reserve established under G.S. 115C‑562.8."

SECTION 11A.3.(e)  G.S. 115C‑562.2 is amended by adding a new subsection to read:

"(b1)    Beginning with the 2017‑2018 school year, within the funds appropriated by the General Assembly to award scholarship grants to eligible students under this Part, the Authority may award scholarship grants to at least 2,000 more eligible students each school year than were served in the prior school year."

SECTION 11A.3.(f)  Part 2A of Article 39 of Chapter 115C of the General Statutes is amended by adding a new section to read:

"§ 115C‑562.8.  The Opportunity Scholarship Grant Fund Reserve.

The Opportunity Scholarship Grant Fund Reserve is established as a reserve to be administered by the Board of Governors of The University of North Carolina for the purpose of allocating funds to the Authority for the award of scholarship grants in accordance with this Part. The Reserve shall consist of monies appropriated from the General Fund to the Reserve by the General Assembly and any interest accrued to it thereon. These funds shall be used to award scholarship grants to eligible students for the school year that begins in the fiscal year following the fiscal year in which the appropriation is made to the Reserve. The Board of Governors shall only use monies in the Reserve in accordance with the purposes set forth in this section. Funds appropriated in a particular fiscal year to be used for the award of scholarships in the following fiscal year that are unexpended at the end of the fiscal year after the fiscal year in which the funds were appropriated shall be carried forward for one fiscal year and may be used for the purposes set forth in this section. Funds carried forward pursuant to this section that have not been spent within one fiscal year shall revert to the General Fund."

SECTION 11A.3.(g)  G.S. 115C‑562.8, as enacted by subsection (f) of this section, reads as rewritten:

"§ 115C‑562.8.  The Opportunity Scholarship Grant Fund Reserve.

(a)        The Opportunity Scholarship Grant Fund Reserve is established as a reserve to be administered by the Board of Governors of The University of North Carolina for the purpose of allocating funds to the Authority for the award of scholarship grants in accordance with this Part. The Reserve shall consist of monies appropriated from the General Fund to the Reserve by the General Assembly and any interest accrued to it thereon. These funds shall be used to award scholarship grants to eligible students for the school year that begins in the fiscal year following the fiscal year in which the appropriation is made to the Reserve. The Board of Governors shall only use monies in the Reserve in accordance with the purposes set forth in this section. Funds appropriated in a particular fiscal year to be used for the award of scholarships in the following fiscal year that are unexpended at the end of the fiscal year after the fiscal year in which the funds were appropriated shall be carried forward for one fiscal year and may be used for the purposes set forth in this section. Funds carried forward pursuant to this section that have not been spent within one fiscal year shall revert to the General Fund.

(b)        The General Assembly finds that, due to the critical need in this State to provide opportunity for school choice for North Carolina students, it is imperative that the State provide an increase of funds of at least ten million dollars ($10,000,000) each fiscal year for 10 years to the Opportunity Scholarship Grant Fund Reserve. Therefore, there is appropriated from the General Fund to the Reserve the following amounts for each fiscal year to be used for the purposes set forth in this section:

Fiscal Year                                                                            Appropriation

2017‑2018                                                                                   $44,840,000

2018‑2019                                                                                   $54,840,000

2019‑2020                                                                                   $64,840,000

2020‑2021                                                                                   $74,840,000

2021‑2022                                                                                   $84,840,000

2022‑2023                                                                                   $94,840,000

2023‑2024                                                                                 $104,840,000

2024‑2025                                                                                 $114,840,000

2025‑2026                                                                                 $124,840,000

2026‑2027                                                                                 $134,840,000

For the 2027‑2028 fiscal year and each fiscal year thereafter, there is appropriated from the General Fund to the Reserve the sum of one hundred forty‑four million eight hundred forty thousand dollars ($144,840,000) to be used for the purposes set forth in this section.

(c)        Of the funds allocated to the Authority to award scholarship grants under this Part, the Authority may retain the lesser of up to four percent (4%) of the funds appropriated or one million five hundred thousand dollars ($1,500,000) each fiscal year for administrative costs associated with the scholarship grant program."

SECTION 11A.3.(h)  Section 8.29(f) of S.L. 2013‑360 is repealed.

SECTION 11A.3.(i)  Subsections (a) and (b) of this section apply beginning with the 2016‑2017 school year. Subsections (g) and (h) of this section become effective July 1, 2017.

 

TRANSFORMING PRINCIPAL PREPARATION/CLARIFY RFP GRANTS

SECTION 11A.4.  Subsection 11.9(f) of S.L. 2015‑241 reads as rewritten:

"SECTION 11.9.(f)  Application Requirements. – The nonprofit corporation entering into a contract with the Authority under subsection (d) of this section shall issue an initial RFP with guidelines and criteria for the grants no later than March 1, 2016. The nonprofit corporation may issue additional RFPs for grant applicants as it may deem necessary, subject to available funds. An eligible entity that seeks a grant under the program authorized by this section shall submit to the nonprofit corporation an application at such time, in such manner, and accompanied by such information as the nonprofit may require. An applicant shall include at least the following information in its response to the RFP for consideration by the nonprofit corporation:

(1)        The extent to which the entity has a demonstrated record of preparing school leaders who implement school leadership practices linked to increased student achievement.

(2)        The extent to which the entity has a rigorous school leader preparation program design that includes the following research‑based programmatic elements:

a.         A proactive, aggressive, and intentional recruitment strategy.

b.         Rigorous selection criteria based on competencies that are predictive of success as a school leader, including, but not limited to, evidence of significant positive effect on student learning growth in the classroom, at the school‑level, and the local school administrative unit‑level, professional recommendations, evidence of problem solving and critical thinking skills, achievement drive, and leadership of adults.

c.         Alignment to high‑quality national standards for school leadership development.

d.         Rigorous coursework that effectively links theory with practice through the use of field experiences and problem‑based learning.

e.         Full‑time clinical practice of at least five months in duration in an authentic setting, including substantial leadership responsibilities where candidates are evaluated on leadership skills and effect on student outcomes as part of program completion.

f.          Multiple opportunities for school leader candidates to be observed and coached by program faculty and staff.

g.         Clear expectations for and firm commitment from school leaders who will oversee the clinical practice of candidates.

h.         Evaluation of school leader candidates during and at the end of the clinical practice based on the North Carolina School Executive Evaluation Rubric.

i.          A process for continuous review and program improvement based on feedback from partnering local school administrative units and data from program completers, including student achievement data.

j.          Established relationship and feedback loop with affiliated local school administrative units that is used to inform and improve programmatic elements from year to year based on units' needs."

 

PART XII. Department of Health and Human Services

 

SUBPART XII‑A. Central Management and Support

 

FUNDS FOR NORTH CAROLINA FAMILIES ACCESSING SERVICES THROUGH TECHNOLOGY (NC FAST)

SECTION 12A.1.  Section 12A.7(a) of S.L. 2015‑241 reads as rewritten:

"SECTION 12A.7.(a)  Funds appropriated in this act in the amount of five million eight hundred three thousand dollars ($5,803,000) for the 2015‑2016 fiscal year and thirteen million fifty‑two thousand dollars ($13,052,000) for the 2016‑2017 fiscal year along with prior year earned revenue in the amount of nine million four hundred thousand dollars ($9,400,000) for the 2015‑2016 fiscal year and ten million nine hundred eighty‑nine thousand seventeen dollars ($10,989,017) for the 2016‑2017 fiscal year and for each of those fiscal years, the cash balance in Budget Code 24410 Fund 2411 for the North Carolina Families Accessing Services through Technology (NC FAST) project shall be used to match federal funds in the 2015‑2016 and 2016‑2017 fiscal years to expedite the development and implementation of Child Care, Low Income Energy Assistance, Crisis Intervention Programs, Child Services, and NC FAST Federally‑Facilitated Marketplace (FFM) Interoperability Interoperability, and Additional Medicaid Eligibility Requirements and Enterprise Program Integrity components of the NC FAST program. The Department shall report any changes in approved federal funding or federal match rates within 30 days after the change to the Joint Legislative Oversight Committees on Health and Human Services and Information Technology and the Fiscal Research Division. Departmental receipts appropriated in this act in the amount of twelve million six hundred thirty‑seven thousand two hundred fifty‑five dollars ($12,637,255) for the 2016‑2017 fiscal year shall be used to implement the components of the NC FAST project described in this subsection."

 

ELIMINATION OF NC TRACKS ICD‑10 IMPLEMENTATION REPORT

SECTION 12A.2.  Section 12A.6(b) of S.L. 2015‑241 is repealed.

 

FINAL REPORT ON COMMUNITY PARAMEDICINE PILOT PROGRAM

SECTION 12A.3.  Section 12A.12(e) of S.L. 2015‑241 reads as rewritten:

"SECTION 12A.12.(e)  The Department of Health and Human Services shall submit a final report to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division by November 1, 2016.March 1, 2017. At a minimum, the final report shall include all of the following:

(1)        An updated version of the evaluation plan required by subsection (d) of this section.

(2)        An estimate of the cost to expand the program incrementally and statewide.

(3)        An estimate of any potential savings of State funds associated with expansion of the program.

(4)        If expansion of the program is recommended, a time line for expanding the program."

 

CONTRACTING SPECIALIST TRAINING PROGRAM

SECTION 12A.4.(a)  The School of Government at the University of North Carolina at Chapel Hill (SOG), in collaboration with the Director of Procurement, Contracts and Grants for the Department of Health and Human Services, shall prepare a proposal for the design of a contracting specialist training program for management level personnel within the Department that is based on both national standards and the Certified Local Government Purchasing Officer Program administered by the SOG. By August 1, 2016, the SOG and the Department shall submit the proposal prepared pursuant to this subsection to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division.

SECTION 12A.4.(b)  The SOG, in collaboration with the Director of Procurement, Contracts and Grants for the Department of Health and Human Services, shall prepare a proposal for the implementation and administration of the contracting specialist training program for management level personnel within the Department. The proposal shall include budget estimates for program implementation and administration based on the requirements of the program design. The SOG and the Department shall submit the proposal prepared pursuant to this subsection, including budget estimates for program implementation and administration, to the House Appropriations Committee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Fiscal Research Division for consideration during the 2017 Regular Session.

SECTION 12A.4.(c)  This section is effective when it becomes law.

 

REVISIONS/COMPETITIVE GRANTS/NONPROFIT ORGANIZATIONS

SECTION 12A.5.  Section 12A.8 of S.L. 2015‑241 reads as rewritten:

"...

"SECTION 12A.8.(b)  The Department shall continue administering a competitive grants process for nonprofit funding. The Department shall administer a plan that, at a minimum, includes each of the following:

(1)        A request for application (RFA) process to allow nonprofits to apply for and receive State funds on a competitive basis. The Department shall require nonprofits to include in the application a plan to evaluate the effectiveness, including measurable impact or outcomes, of the activities, services, and programs for which the funds are being requested.

(2)        A requirement that nonprofits match a minimum of fifteen percent (15%) of the total amount of the grant award.

(3)        A requirement that the Secretary prioritize grant awards to those nonprofits that are able to leverage non‑State funds in addition to the grant award.

(4)        A process that awards grants to nonprofits that have the capacity to provide services on a statewide basis and that support any of the following State health and wellness initiatives:

a.         A program targeting advocacy, support, education, or residential services for persons diagnosed with autism.

b.         A system of residential supports for those afflicted with substance abuse addiction.

c.         A program of advocacy and supports for individuals with intellectual and developmental disabilities or severe and persistent mental illness, substance abusers, or the elderly.

d.         Supports and services to children and adults with developmental disabilities or mental health diagnoses.

e.         A food distribution system for needy individuals.

f.          The provision and coordination of services for the homeless.

g.         The provision of services for individuals aging out of foster care.

h.         Programs promoting wellness, physical activity, and health education programming for North Carolinians.

i.          The provision of services and screening for blindness.

j.          A provision for the delivery of after‑school services for apprenticeships or mentoring at‑risk youth.

k.         The provision of direct services for amyotrophic lateral sclerosis (ALS) and those diagnosed with the disease.

l.          A comprehensive smoking prevention and cessation program that screens and treats tobacco use in pregnant women and postpartum mothers.

m.        A program providing short‑term or long‑term residential substance abuse services. For purposes of this sub‑subdivision, "long‑term" means a minimum of 12 months.

n.         A program that provides year‑round sports training and athletic competition for children and adults with disabilities.

(5)        Ensures that funds received by the Department to implement the plan supplement and do not supplant existing funds for health and wellness programs and initiatives.

(6)        Allows grants to be awarded to nonprofits for up to two years.

(7)        With grants awarded beginning July 1, 2016, a requirement that of the funds provided for competitive grants pursuant to this section, a minimum of five percent (5%) of the grants be awarded to new grant recipients who did not receive grant awards during the previous competitive grants process.

(8)        A requirement that initial disbursement of the grants be awarded no later than 30 days after certification of the State budget for the respective fiscal year.

...

"SECTION 12A.8.(f)  Funds appropriated pursuant to this section that have been awarded but not yet disbursed or encumbered at the end of each fiscal year shall not revert but shall remain available for expenditure."

"SECTION 12A.8.(g)  Subsection (f) of this section becomes effective June 30, 2016."

 

FUNDS FOR CONTINUED DEVELOPMENT OF HEALTH ANALYTICS PILOT PROGRAM

SECTION 12A.7.  Section 12A.17 of S.L. 2015‑241 reads as rewritten:

"SECTION 12A.17.(a)  Of the funds appropriated in this act to the Department of Health and Human Services, Division of Central Management and Support, the sum of seven hundred fifty thousand dollars ($750,000) in nonrecurring funds for the 2015‑2016 fiscal year andyear; the sum of two hundred fifty thousand dollars ($250,000) in recurring funds for each year of the 2015‑2016 fiscal year2015‑2017 fiscal biennium; and the sum of one million two hundred fifty thousand dollars ($1,250,000) in nonrecurring funds for the 2016‑2017 fiscal year shall be used for the development and implementation phased development, implementation, and operation of a pilot program for Medicaid claims analytics and population health management.

"SECTION 12A.17.(b)  The Department shall coordinate with the Government Data Analytics Center (GDAC) to develop the pilot program and to provide access to needed data sources, including Medicaid claims data, Medicaid beneficiary files, and local management entity/managed care organization (LME/MCO) encounter data for the pilot program. The pilot program shall utilize the subject matter expertise and technology available through existing GDAC public‑private partnerships in order to apply analytics in a manner that would maximize health care savings and efficiencies to the State and optimize positive impacts on health outcomes.

"SECTION 12A.17.(b1)  During the 2016‑2017 fiscal year, the scope of the pilot program shall be expanded to include all of the following:

(1)        The integration of new data sources, such as patient level Healthcare Effectiveness Data and Information Set (HEDIS) quality measures, as prioritized by the Department and GDAC.

(2)        Customized reporting and analytics capabilities.

(3)        A tool to construct and analyze claims as clinical episodes of care in order to assist North Carolina in its transition to capitated managed care and value‑based purchasing arrangements.

(4)        Operationalization of the pilot program, including an ongoing feed of the data sources described in subsection (b) of this section and any other data sources mutually agreed upon by the Department and GDAC.

"SECTION 12A.17.(c)  By November 30, 2015, the Department shall execute all contractual agreements and interagency data‑sharing agreements necessary for development and implementation of the pilot program authorized by this section.

"SECTION 12A.17.(d)  The Department and GDAC shall make the following reports on the pilot program authorized by this section:

(1)        By January 15, 2016, the Department and GDAC shall provide a progress report on the pilot program authorized by this section to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Committee on Health and Human Services, and the Fiscal Research Division.

(2)        By May 31, 2016, the Department and GDAC shall make a finalan interim report of their findings and recommendations on the pilot program authorized by this section to the Joint Legislative Oversight Committee on Health and Human Services, the Joint Legislative Oversight Committee on Information Technology, and the Fiscal Research Division.

(3)        By May 31, 2017, the Department and GDAC shall make a final report of their findings and recommendations on the pilot program authorized by this section to the Joint Legislative Oversight Committee on Health and Human Services, the Joint Legislative Oversight Committee on Information Technology, and the Fiscal Research Division."

 

GRADUATE MEDICAL EDUCATION FUNDING/CAPE FEAR VALLEY MEDICAL CENTER

SECTION 12A.8.(a)  Calculation of Recurring Payment of Funds. – Of the funds appropriated in this act to the Department of Health and Human Services, Division of Central Management and Support, for the 2016‑2017 fiscal year for Graduate Medical Education, the sum of up to seven million seven hundred thousand dollars ($7,700,000) in recurring funds shall be allocated to Cape Fear Valley Medical Center to support the establishment of residency programs affiliated with Campbell University School of Medicine. In addition to any payment due under subsection (c) of this section and subject to fulfillment of the conditions specified in subsection (b) of this section, the recurring amount of funds allocated to Cape Fear Valley Medical Center (the Center) pursuant to this section shall be calculated so as not to exceed the lesser of the following two amounts:

(1)        The total amount of actual lost Medicare payments attributed to the Center's reclassification by the federal Centers for Medicare and Medicaid Services (CMS) as a rural hospital minus three million dollars ($3,000,000) in private donations for the residency programs.

(2)        Seven million seven hundred thousand dollars ($7,700,000).

SECTION 12A.8.(b)  Conditions for Payment of Funds. – No funds shall be paid to Cape Fear Valley Medical Center pursuant to the calculation specified in subsection (a) of this section until the Office of State Budget and Management (OSBM) certifies, in writing, that the Center has met the following criteria by June 30, 2017:

(1)        Received private donations for the residency programs in the amount of at least three million dollars ($3,000,000). No funds shall be allocated to Cape Fear Valley Medical Center in any subsequent fiscal year pursuant to this section unless OSBM certifies, in writing, that Cape Fear Valley Medical Center has received three million dollars ($3,000,000) in private donations for the residency programs by June 30th of that fiscal year.

(2)        Obtained approval from CMS for reclassification as a rural hospital.

(3)        Obtained approval from the Accreditation Council for Graduate Medical Education or the American Osteopathic Association for residency programs with a minimum of 130 additional residency slots.

SECTION 12A.8.(c)  Calculation of Initial Payment of Funds. – Following CMS approval of the reclassification of Cape Fear Valley Medical Center to a rural hospital and notwithstanding subsection (a) of this section, the Center shall provide documentation to OSBM of its actual lost Medicare payments for the period commencing from the application filing date, as defined in 42 C.F.R. 412.103(b)(5), and ending on the date CMS approves the Center's reclassification request. OSBM shall certify computations of the Center's actual lost Medicare payments and apply the calculations specified in subsection (a) of this section to determine any retroactive amounts due to Cape Fear Valley Medical Center under this section. Any retroactive payment determined to be due to Cape Fear Valley Medical Center shall be paid to the Center within 30 days after OSBM certifies the amount of any retroactive amounts due to the Center under this section.

SECTION 12A.8.(d)  Report on Use of Funds. – Following the initial allocation of funds pursuant to this section, Cape Fear Valley Medical Center shall annually report on or before April 1 to the House Appropriations Committee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, the Joint Legislative Oversight Committee on Health and Human Services, and the Fiscal Research Division regarding its progress in establishing any residency programs funded by State appropriations.

 

QUALIFICATIONS OF director of office of program evaluation, reporting, and accountability

SECTION 12A.9.  G.S. 143B‑216.55(b) reads as rewritten:

"(b)      The Director must have a minimum of 10 years of experience in program evaluation equivalent to the duties of the office, including at least three years of experience at the management level.level that demonstrates increasing levels of responsibility within the field of program evaluation."

 

DATA ANALYTICS AND PERFORMANCE ENHANCEMENT

SECTION 12A.10.  Any enhancement of the State's data analytics capabilities utilizing funds appropriated in this act to the Department of Health and Human Services, Division of Central Management and Support, for the 2016‑2017 fiscal year shall be subject to applicable State laws requiring that these analytics be developed and implemented in collaboration with the Government Data Analytics Center.

 

SUBPART XII‑B. Division of Child Development and Early Education

 

NC PRE‑K/CLARIFY BUILDING STANDARDS

SECTION 12B.1.(a)  Section 12B.1 of S.L. 2015‑241 is amended by adding a new subsection to read:

"SECTION 12B.1.(b1)  Building Standards. – Notwithstanding G.S. 110‑91(4), private child care facilities and public schools operating prekindergarten classrooms shall meet the building standards for preschool students as provided in G.S. 115C‑521.1."

SECTION 12B.1.(b)  Section 12B.1(c) of S.L. 2015‑241 reads as rewritten:

"SECTION 12B.1.(c)  Programmatic Standards. – All Except as provided in subsection (b1) of this section, entities operating prekindergarten classrooms shall adhere to all of the policies prescribed by the Division of Child Development and Early Education regarding programmatic standards and classroom requirements."

 

STUDY CHILD CARE SUBSIDY RATE SETTING

SECTION 12B.2.  The Department of Health and Human Services, Division of Child Development and Early Education, shall study how rates are set for child care subsidy. In conducting the study, the Division shall, at a minimum, review market rate studies and other methodologies for establishing rates, including any cost estimation models, along with the pros and cons of each method reviewed. The Division shall report to the House Appropriations Committee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Fiscal Research Division by March 1, 2017, on any recommendations, including the suggested methodology to be used for setting rates, as well as time frames for implementing the methodology.

 

ADDITIONAL CHILD CARE SUBSIDY MARKET RATE INCREASES/CERTAIN AGE GROUPS AND COUNTIES

SECTION 12B.3.  Section 12B.2A of S.L. 2015‑241 reads as rewritten:

"SECTION 12B.2A.(a)  Beginning January 1, 2016, the Department of Health and Human Services, Division of Child Development and Early Education, shall increase the child care subsidy market rates to the rates recommended by the 2015 Child Care Market Rate Study from birth through two years of age in three‑, four‑, and five‑star‑rated child care centers and homes in tier one and tier two counties. For purposes of this section, tier one and tier two counties shall have the same designations as those established by the N.C. Department of Commerce's 2015 County Tier Designations.

"SECTION 12B.2A.(b)  Beginning October 1, 2016, the Division shall increase the child care subsidy market rates to the rates recommended by the 2015 Child Care Market Rate Study from age three through five years in three‑, four‑, and five‑star‑rated child care centers and homes in tier one and tier two counties."

 

Study Costs and Effectiveness Associated With NC Pre‑K Slots

SECTION 12B.4.(a)  As the objective of the NC Pre‑K program is to provide high‑quality educational experiences to enhance school readiness for eligible four‑year‑olds, the Department of Health and Human Services, Division of Child Development and Early Education, shall study the costs and effectiveness associated with funding slots for the NC Pre‑K program. In conducting the study, the Division shall review and determine the following:

(1)        The total cost to fund a NC Pre‑K slot, including administration and any local costs.

(2)        The program's anticipated effectiveness in preparing eligible four‑year‑olds in the five developmental domains outlined in the North Carolina Foundations for Early Learning and Development.

(3)        Whether the program's effectiveness as reviewed pursuant to subdivision (2) of this subsection justifies the costs associated with funding NC Pre‑K slots or whether there are other alternatives to achieve the same objectives.

(4)        The State share needed to fund a NC Pre‑K slot by each setting, including public schools, child care facilities, and Head Start.

(5)        The amount of funds needed to maintain the current number of NC Pre‑K slots if the per slot cost was increased to the amount recommended by the study.

(6)        Recommendations on how often the NC Pre‑K slot costs should be evaluated and reported to the General Assembly.

(7)        Any other relevant issues the Division deems appropriate.

SECTION 12B.4.(b)  The Division of Child Development and Early Education shall report its findings and recommendations, including any legislative proposals, to the chairs of the House Appropriations Committee on Health and Human Services and the Senate Appropriations Committee on Health and Human Services and the Fiscal Research Division on or before February 1, 2017.

 

State Agency Collaboration on Early Childhood Education/Transition From Preschool to Kindergarten

SECTION 12B.5.(a)  The Department of Health and Human Services, in consultation with the Department of Public Instruction and any other agencies or organizations that administer, support, or study early education in this State, and within resources currently available, shall collaborate on an ongoing basis to develop and implement a statewide vision for early childhood education. In collaborating in this effort, the agencies shall develop a comprehensive approach to early childhood education, birth through third grade, including creating cross agency accountability with a comprehensive set of data indicators, including consideration of the NC Pathways to Grade‑Level Reading, to monitor and measure success of the early childhood education systems.

SECTION 12B.5.(b)  The Department of Health and Human Services, the Department of Public Instruction, and any other agencies or organizations that administer, support, or study early education programs in this State shall report their findings and recommendations, including any legislative proposals, resulting from the initiative to develop and implement a statewide vision for early childhood education pursuant to subsection (a) of this section. The agencies shall make an initial report to Joint Legislative Oversight Committee on Health and Human Services and the Joint Legislative Education Oversight Committee on or before January 1, 2017, submit a follow up report to those same committees on or before January 1, 2018, and may make any subsequent reports, annually, on or before January 1, as needed to those same committees.

SECTION 12B.5.(c)  The Department of Health and Human Services, in consultation with the Department of Public Instruction, shall promote the successful transition of children who receive assistance from NC Pre‑K program and the Child Care Subsidy Assistance program for four‑ and five‑star rated facility classrooms to kindergarten. In its promotion of a successful transition from preschool to kindergarten, the Department of Health and Human Services shall recommend that both NC Pre‑K teachers and preschool teachers prepare a preschool to kindergarten transition plan for each child transitioning to kindergarten that documents the child's strengths and needs based on the five Goals and Developmental Indicator domains for children's developmental and learning progress that are based on the NC Foundations for Early Learning and Development. The preparation of the transition plan shall only apply to children who receive assistance through the NC Pre‑K program or the Child Care Subsidy Assistance program. It is the intent of the General Assembly that the Departments utilize this transition plan until such time as the standardized program to transition children from preschool to kindergarten, required pursuant to subsection (e) of this section, is developed and implemented.

SECTION 12B.5.(d)  The Department of Health and Human Services shall report on the implementation of the transition plan required pursuant to subsection (c) of this section, including any findings and recommendations and any legislative proposals, to the Joint Legislative Oversight Committee on Health and Human Services and the Joint Legislative Education Oversight Committee on or before December 15, 2016.

SECTION 12B.5.(e)  The Department of Health and Human Services, in consultation with the Department of Public Instruction, shall develop and implement a standardized program to transition children from preschool to kindergarten. In developing this standardized transition program, the Department of Health and Human Services shall identify, at a minimum:

(1)        Methods to standardize student transition information such that it is quantifiable.

(2)        Recommendations for sharing data contained in a student's transition plan between preschool teachers and either kindergarten teachers or the schools that receive the incoming kindergarten students.

(3)        Recommendations for sharing data contained in a student's transition plan between preschool teachers and the parents or guardians of the child who is transitioning to kindergarten.

(4)        Recommendations for preschool teacher training and continuing education to support their role in completing transition plans for preschool children.

(5)        Recommendations for baseline information that should be compiled in transition plans for students transitioning to kindergarten.

(6)        Procedures for the management of transition plan documents, including recommendations for the length of records retention, provisions for confidentiality, and proper disposal.

(7)        Any other components the Department deems appropriate in the provision of information between preschools, students' families, and kindergartens.

SECTION 12B.5.(f)  The Department of Health and Human Services shall report on the development of the standardized transition program required pursuant to subsection (e) of this section, including any findings and recommendations and any legislative proposals, to the Joint Legislative Oversight Committee on Health and Human Services and the Joint Legislative Education Oversight Committee on or before January 1, 2018.

 

SUBPART XII‑C. Division of Social Services

 

CHILD WELFARE SYSTEM CHANGES

SECTION 12C.1.(a)  Federal Improvement Plan Implementation. – The Department of Health and Human Services, Division of Social Services, shall implement the requirements of the federal Program Improvement Plan to bring our State into compliance with national standards for child welfare policy and practices. The Division shall collaborate with county departments of social services to develop a model of oversight that supports program outcomes and a county's ability to meet performance standards as outlined in the Program Improvement Plan. Oversight may include support for continuous quality improvement, staff training, and data analysis. During the first two years of implementing the Program Improvement Plan, the Division shall ensure the three new Human Services/Planner Evaluator positions funded by this act are used to carry out the activities detailed in the Plan. Upon complete implementation of the Plan, these positions shall be used in child welfare services to continually improve outcomes for children and families.

The Division shall report on the implementation and outcomes of the Program Improvement Plan to the Joint Legislative Oversight Committee on Health and Human Services. The report shall be submitted semiannually on February 1 and August 1 of each year, with the first report submitted on August 1, 2016, and the final report on February 1, 2019.

SECTION 12C.1.(b)  Statewide Strategic Plan. – The Division of Social Services shall develop a statewide strategic plan for child welfare services that complements the required federal Program Improvement Plan. The statewide strategic plan shall, at a minimum, address the findings of the North Carolina Statewide Child Protective Services Evaluation, which was conducted as required by Section 12C.1(f) of S.L. 2014‑100, in the areas of county performance, caseload sizes, administrative structure, adequacy of funding, social worker turnover, and monitoring and oversight. The plan shall also address measures for ensuring that Native American children in this State are served in a culturally appropriate manner, including in placements for adoption and foster care. The Division shall submit the plan to the Joint Legislative Oversight Committee on Health and Human Services by December 1, 2016, for consideration by the 2017 General Assembly.

SECTION 12C.1.(c)  Child Welfare/NC FAST. – The Department of Health and Human Services, Division of Social Services, shall continue toward completion of the child welfare component of the North Carolina Families Accessing Services Through Technology (NC FAST) system to (i) bring the State into compliance with the Statewide Information System systematic factor of the Child and Family Services Review (CFSR) and (ii) ensure that data quality meets federal standards and adequate information is collected and available to counties to assist in tracking children and outcomes across counties.

It is the intent of the General Assembly that the child welfare component of the NC FAST system be operational by December 31, 2017. To that end, the Department of Health and Human Services, Division of Social Services, shall report on the development, implementation, and outcomes of the child welfare component of the NC FAST system to the Joint Legislative Oversight Committee on Health and Human Services quarterly beginning October 1, 2016, and ending with a final report on February 1, 2018. The report shall include, at a minimum, each of the following:

(1)        The current time line for development and implementation of the child welfare component to NC FAST.

(2)        Any adjustments and justifications for adjustments to the time line.

(3)        Progress on the development and implementation of the system.

(4)        Address any identified issues in developing or implementing the child welfare component to NC FAST and solutions to address those issues.

(5)        The level of county participation and involvement in each phase of the project.

(6)        Any budget and expenditure reports, including overall project budget and expenditures, and current fiscal year budget and expenditures.

SECTION 12C.1.(d)  G.S. 7B‑101(3) reads as rewritten:

"§ 7B‑101.  Definitions.

As used in this Subchapter, unless the context clearly requires otherwise, the following words have the listed meanings:

...

(3)        Caretaker. – Any person other than a parent, guardian, or custodian who has responsibility for the health and welfare of a juvenile in a residential setting. A person responsible for a juvenile's health and welfare means a stepparent, foster parent, an adult member of the juvenile's household, an adult relative entrusted with the juvenile's care, a potential adoptive parent during a visit or trial placement with a juvenile in the custody of a department, any person such as a house parent or cottage parent who has primary responsibility for supervising a juvenile's health and welfare in a residential child care facility or residential educational facility, or any employee or volunteer of a division, institution, or school operated by the Department of Health and Human Services. Nothing in this subdivision shall be construed to impose a legal duty of support under Chapter 50 or Chapter 110 of the General Statutes. The duty imposed upon a caretaker as defined in this subdivision shall be for the purpose of this Subchapter only."

SECTION 12C.1.(e)  G.S. 7B‑302(a1)(1) reads as rewritten:

"(a1)    All information received by the department of social services, including the identity of the reporter, shall be held in strictest confidence by the department, except under the following circumstances:

(1)        The department shall disclose confidential information to any federal, State, or local government entity or its agent agent, or any private child placing or adoption agency licensed by the Department of Health and Human Services, in order to protect a juvenile from abuse or neglect. Any confidential information disclosed to any federal, State, or local government entity or its agent under this subsection shall remain confidential with the other government entity or its agent and shall only be redisclosed for purposes directly connected with carrying out that entity's mandated responsibilities."

SECTION 12C.1.(f)  G.S. 7B‑401.1(h) reads as rewritten:

"(h)      Intervention. – Except as provided in G.S. 7B‑1103(b) and subsection (e1) of this section, the court shall not allow intervention by a person who is not the juvenile's parent, guardian, or custodian, or caretaker but may allow intervention by another county department of social services that has an interest in the proceeding. This section shall not prohibit the court from consolidating a juvenile proceeding with a civil action or claim for custody pursuant to G.S. 7B‑200."

SECTION 12C.1.(f1)  G.S. 7B‑505.1(c) reads as rewritten:

"(c)      The director shall obtain consent authorization from the juvenile's parent, guardian, or custodian for to consent to all care or treatment not covered by subsection (a) or (b) of this section, except that the court may authorize the director to provide consent after a hearing at which the court finds by clear and convincing evidence that the care, treatment, or evaluation requested is in the juvenile's best interest. Care and treatment covered by this subsection includes:

(1)        Prescriptions for psychotropic medications.

(2)        Participation in clinical trials.

(3)        Immunizations when it is known that the parent has a bona fide religious objection to the standard schedule of immunizations.

(4)        Child Medical Evaluations not governed by subsection (b) of this section, comprehensive clinical assessments, or other mental health evaluations.

(5)        Surgical, medical, or dental procedures or tests that require informed consent.

(6)        Psychiatric, psychological, or mental health care or treatment that requires informed consent."

SECTION 12C.1.(g)  G.S. 7B‑901(c) reads as rewritten:

"(c)      If the disposition order places a juvenile in the custody of a county department of social services, the court shall direct that reasonable efforts for reunification as defined in G.S. 7B‑101 shall not be required if the court makes written findings of fact pertaining to any of the following:following, unless the court concludes that there is compelling evidence warranting continued reunification efforts:

(1)        A court of competent jurisdiction has determined that aggravated circumstances exist because the parent has committed or encouraged the commission of, or allowed the continuation of, any of the following upon the juvenile:

a.         Sexual abuse.

b.         Chronic physical or emotional abuse.

c.         Torture.

d.         Abandonment.

e.         Chronic or toxic exposure to alcohol or controlled substances that causes impairment of or addiction in the juvenile.

f.          Any other act, practice, or conduct that increased the enormity or added to the injurious consequences of the abuse or neglect.

(2)        A court of competent jurisdiction has terminated involuntarily the parental rights of the parent to another child of the parent.

(3)        A court of competent jurisdiction has determined that (i) the parent has committed murder or voluntary manslaughter of another child of the parent; (ii) has aided, abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of the child or another child of the parent; (iii) has committed a felony assault resulting in serious bodily injury to the child or another child of the parent; (iv) has committed sexual abuse against the child or another child of the parent; or (v) has been required to register as a sex offender on any government‑administered registry."

SECTION 12C.1.(g1)  G.S. 7B‑906.1(d)(3) reads as rewritten:

"(d)      At each hearing, the court shall consider the following criteria and make written findings regarding those that are relevant:

...

(3)        Whether efforts to reunite the juvenile with either parent clearly would be futile unsuccessful or inconsistent with the juvenile's health or safety and need for a safe, permanent home within a reasonable period of time. The court shall consider efforts to reunite regardless of whether the juvenile resided with the parent, guardian, or custodian at the time of removal. If the court determines efforts would be futile unsuccessful or inconsistent, the court shall consider a other permanent plan plans of care for the juvenile.juvenile pursuant to G.S. 7B‑906.2.

...."

SECTION 12C.1.(h)  G.S. 7B‑906.2 is amended by adding a new subsection to read:

"(a1)    Concurrent planning shall continue until a permanent plan has been achieved."

 

REVISE REPORT DATE/EBCI ASSUMPTION OF SERVICES

SECTION 12C.2.(a)  Section 12C.10 of S.L. 2015‑241, as amended by Section 4.2 of S.L. 2015‑268, reads as rewritten:

"…

"SECTION 12C.10.(d)  Approval for the Eastern Band of Cherokee Indians to administer the eligibility process for Medicaid and NC Health Choice is contingent upon federal approval of State Plan amendments and Medicaid waivers by the Centers for Medicare & Medicaid Services (CMS). The Department of Health and Human Services, Division of Medical Assistance (DMA), shall submit any State Plan amendments and Medicaid waivers necessary for the delegation of authority and administrative transfer of function to the Eastern Band of Cherokee Indians or to effectuate the changes required by this section and Section 12C.3 of S.L. 2014‑100. All State Plan amendments and Medicaid waivers submitted as allowed under this subsection shall have an effective date of October 1, 2016.April 1, 2017. DMA shall submit the State Plan amendments and waivers allowed under this subsection and any related responses to CMS requests for additional information to the Eastern Band of Cherokee Indians for review prior to submission to CMS. If CMS does not approve the State Plan amendments and Medicaid waivers allowed by this subsection, the counties shall continue serving individuals living on the federal lands held in trust by the United States.

"SECTION 12C.10.(e)  Within 30 days of CMS approval of the State Plan amendments and Medicaid waivers submitted as allowed under subsection (d) of this section, the Department of Health and Human Services shall submit an Advanced Planning Document Update (APDU)When an Advanced Planning Document Update (APDU) is required, the Department of Health and Human Services shall submit an APDU within 30 days after CMS approval of the State Plan amendments allowed under subsection (d) of this section. The Department shall submit the APDU to CMS, the United States Department of Agriculture (USDA), and the Administration for Children and Families (ACF). If CMS, USDA, and ACF do not approve the APDU, the counties shall continue serving individuals living on the federal lands held in trust by the United States.

...

"SECTION 12C.10.(f1)  The Department, in collaboration with the Eastern Band of Cherokee Indians, shall draft a project plan to meet the October 1, 2016,April 1, 2017, effective date required by subsection (d) of this section. The Department shall report on the project plan to the Joint Legislative Oversight Committee on Health and Human Services on or before January 1, 2016.

…."

SECTION 12C.2.(b)  Section 12C.3(b) of S.L. 2014‑100, as amended by Section 12C.10(e1) of S.L. 2015‑241, reads as rewritten:

"SECTION 12C.3.(b)  Beginning October 1, 2014, or upon federal approval, the Eastern Band of Cherokee Indians may begin assuming the responsibility for the Supplemental Nutrition Assistance Program (SNAP). When the Eastern Band of Cherokee Indians assumes responsibility for SNAP, then any State statutes, portions of statutes, or rules relating to the provision of social services regarding SNAP services by a county department of social services for members of the Eastern Band of Cherokee Indians shall no longer apply to the Tribe, and the functions, administration, and funding requirements relating to those social services are thereby delegated to the Eastern Band of Cherokee Indians.

No later than October 1, 2016,April 1, 2017, and with the exception of services related to special assistance, childcare, and adult care homes, the Eastern Band of Cherokee Indians may assume responsibility for other programs as described under G.S. 108A‑25(e), enacted in subsection (c) of this section. When the Eastern Band of Cherokee Indians assumes responsibility for any of those other programs, then any State statutes, portions of statutes, or rules relating to the provision of services for those programs by a county department of social services for members of the Eastern Band of Cherokee Indians shall no longer apply to the Tribe, and the functions, administration, and funding requirements relating to those programs are thereby delegated to the Eastern Band of Cherokee Indians."

 

PILOT PROGRAM/INCREASE ACCESS TO PUBLIC BENEFITS FOR OLDER DUAL ELIGIBLE SENIORS

SECTION 12C.3.(a)  The Department of Health and Human Services, Division of Social Services (Division), shall establish an evidence‑based pilot program to increase access to public benefits for seniors aged 65 and older who are dually enrolled in Medicare and Medicaid to (i) improve the health and independence of seniors and (ii) reduce health care costs. On or before January 1, 2017, the Division shall partner with a not‑for‑profit firm for the purposes of engaging in a data‑driven campaign to help seniors aged 65 and older who are dually enrolled in Medicare and Medicaid meet their basic social needs. The not‑for‑profit firm shall have demonstrated experience in assisting with these types of services and the partnership shall accomplish each of the following:

(1)        Identify through data sharing, dual eligible seniors aged 65 and older who qualify for the Supplemental Nutrition and Assistance Program (SNAP) but are not currently enrolled.

(2)        Conduct an outreach program towards those seniors for the purpose of enrolling them into SNAP.

(3)        Provide comprehensive application assistance through outreach specialists to complete public benefits application processes.

(4)        Evaluate project effectiveness and explore how data can be utilized to achieve optimal outcomes.

(5)        Make recommendations regarding policy options available to the State to streamline access to benefits.

SECTION 12C.3.(b)  The Division of Social Services shall report to the Office of the Governor and the Joint Legislative Oversight Committee on Health and Human Services on its progress in the pilot program by February 1 following each year the pilot program is in place. The report shall, at a minimum, include the following:

(1)        The number of seniors age 65 and older who are dual eligibles but are not enrolled in SNAP.

(2)        The number of those identified that would be included in the sample population.

(3)        Methods of outreach toward those seniors in the sample population.

(4)        Number of to date enrollments in SNAP as a direct result of outreach during the pilot program.

(5)        Participation rate to date in SNAP of those seniors in the sample population.

(6)        Any other findings the Division deems relevant.

SECTION 12C.3.(c)  If funding and capacity exist, the Division of Social Services may expand the pilot program to include other public benefits programs.

 

UPDATE DATES/TANF BENEFIT IMPLEMENTATION PLAN

SECTION 12C.5.(a)  Section 12C.1 of S.L. 2015‑241 is amended by adding a new subsection to read:

"SECTION 12C.1.(f)  This section expires September 30, 2016."

SECTION 12C.5.(b)  Beginning October 1, 2016, the General Assembly approves the plan titled "North Carolina Temporary Assistance for Needy Families State Plan FY 2016‑2019," prepared by the Department of Health and Human Services and presented to the General Assembly. The North Carolina Temporary Assistance for Needy Families State Plan covers the period October 1, 2016, through September 30, 2019. The Department shall submit the State Plan, as revised in accordance with subsection (b) of this section, to the United States Department of Health and Human Services.

SECTION 12C.5.(c)  The counties approved as Electing Counties in the North Carolina Temporary Assistance for Needy Families State Plan FY 2016‑2019, as approved by this section, are Beaufort, Caldwell, Catawba, Lenoir, Lincoln, Macon, and Wilson.

SECTION 12C.5.(d)  Counties that submitted the letter of intent to remain as an Electing County or to be redesignated as an Electing County and the accompanying county plan for years 2016 through 2019, pursuant to G.S. 108A‑27(e), shall operate under the Electing County budget requirements effective July 1, 2016. For programmatic purposes, all counties referred to in this subsection shall remain under their current county designation through September 30, 2019.

SECTION 12C.5.(e)  For the 2016‑2017 fiscal year, Electing Counties shall be held harmless to their Work First Family Assistance allocations for the 2015‑2016 fiscal year, provided that remaining funds allocated for Work First Family Assistance and Work First Diversion Assistance are sufficient for payments made by the Department on behalf of Standard Counties pursuant to G.S. 108A‑27.11(b).

SECTION 12C.5.(f)  In the event that departmental projections of Work First Family Assistance and Work First Diversion Assistance for the 2016‑2017 fiscal year indicate that remaining funds are insufficient for Work First Family Assistance and Work First Diversion Assistance payments to be made on behalf of Standard Counties, the Department is authorized to deallocate funds, of those allocated to Electing Counties for Work First Family Assistance in excess of the sums set forth in G.S. 108A‑27.11, up to the requisite amount for payments in Standard Counties. Prior to deallocation, the Department shall obtain approval by the Office of State Budget and Management. If the Department adjusts the allocation set forth in subsection (d) of this section, then a report shall be made to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division.

 

Reporting Requirements/Eckerd Kids and Caring for Children's Angel Watch Program

SECTION 12C.6.(a)  The Department of Health and Human Services, Division of Social Services, shall report on the use of funds provided in this act to expand the Eckerd Kids and Caring for Children's Angel Watch program, a foster care program for children who are ages zero to six, with siblings up to age 10, who are not in the custody of a county department of social services and whose families are temporarily unable to care for them due to a crisis. The report shall, at a minimum, include each of the following:

(1)        The number of families and children served by the program, including the counties in which services are provided.

(2)        The number of children who enter foster care within six months after their family participates in the program.

(3)        A comparison of children with similar needs that do not participate in the program and the number of those children who enter into foster care.

(4)        Any other matters the Division deems relevant.

SECTION 12C.6.(b)  The Division of Social Services shall make an interim report in accordance with this section on or before March 1, 2017, to the House of Representatives Appropriations Committee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Fiscal Research Division. The Division shall submit a final report to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division by September 1, 2017.

 

TEMPORARY FINANCIAL ASSISTANCE FOR FACILITIES LICENSED TO ACCEPT STATE‑COUNTY SPECIAL ASSISTANCE PAYMENTS

SECTION 12C.7.(a)  The following definitions apply in this section:

(1)        Facility licensed to accept State‑County Special Assistance payments or facility. – Any residential care facility that is (i) licensed by the Department of Health and Human Services and (ii) authorized to accept State‑County Special Assistance payments from its residents.

(2)        State‑County Special Assistance. – The program authorized by G.S. 108A‑40.

SECTION 12C.7.(b)  Nonrecurring funds appropriated in this act to the Department of Health and Human Services, Division of Social Services (DSS), for the 2016‑2017 fiscal year for facilities licensed to accept State‑County Special Assistance payments shall be used to provide temporary financial assistance in the form of a monthly payment to these facilities on behalf of each resident who is a recipient of State‑County Special Assistance. The counties shall pay to the State fifty percent (50%) of the cost of providing these monthly payments to these facilities. The monthly payments provided by DSS to these facilities shall be subject to all of the following requirements and limitations:

(1)        The amount of the monthly payments authorized by this section is equal to thirty‑four dollars ($34.00) per month for each resident who is a recipient of State‑County Special Assistance.

(2)        A facility that receives the monthly payments authorized by this section shall not, under any circumstances, use these payments for any purpose other than to offset the cost of serving residents who are recipients of State‑County Special Assistance.

(3)        The DSS shall make monthly payments authorized by this section to a facility on behalf of a resident only for the period commencing October 1, 2016, and ending June 30, 2017.

(4)        The DSS shall make monthly payments authorized by this section only to the extent sufficient State and county funds allocated to the DSS for the 2016‑2017 fiscal year are available for this purpose.

(5)        The DSS shall not make monthly payments authorized by this section to a facility on behalf of a resident whose eligibility determination for State‑County Special Assistance is pending.

(6)        The DSS shall terminate all monthly payments pursuant to this section on the earlier of the following:

a.         June 30, 2017.

b.         Upon depletion of the State and county funds allocated to the DSS for the 2016‑2017 fiscal year for this purpose.

SECTION 12C.7.(c)  Notwithstanding any provision of this act or any other provision of law to the contrary, the DSS shall not be required to provide any temporary financial assistance to facilities beyond June 30, 2017, or upon depletion of the State and county funds allocated to the DSS for the 2016‑2017 fiscal year for this purpose, whichever is earlier.

SECTION 12C.7.(d)  If possible, the DSS shall use an existing mechanism to administer these funds in the least restrictive manner that ensures compliance with this section and timely and accurate payments to facilities. The DSS shall not, under any circumstances, use any portion of the State and county funds allocated to the DSS for the 2016‑2017 fiscal year for the purpose of this section for any other purpose.

SECTION 12C.7.(e)  By no later than April 1, 2017, the DSS shall submit to the House Appropriations Committee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, the Joint Legislative Oversight Committee on Health and Human Services, and the Fiscal Research Division a detailed plan for a long‑term solution on how to ensure adequate reimbursement to facilities for serving recipients of State‑County Special Assistance without increasing the Medicaid eligibility income limit for State‑County Special Assistance recipients and thereby expanding Medicaid.

SECTION 12C.7.(f)  Nothing in this section shall be construed as an obligation by the General Assembly to appropriate funds for the purpose of this section, or as an entitlement by any facility, resident of a facility, or other person to receive temporary financial assistance under this section.

SECTION 12C.7.(g)  This section expires on June 30, 2017.

 

SUBPART XII‑D. Division of Aging and Adult Services [reserved]

 

SUBPART XII‑E. Division of Public Health

 

USE OF AIDS DRUG ASSISTANCE PROGRAM (ADAP) FUNDS TO PURCHASE HEALTH INSURANCE

SECTION 12E.1.(a)  The Department of Health and Human Services, Division of Public Health, shall create within the North Carolina AIDS Drug Assistance Program (ADAP) a health insurance premium assistance program that utilizes federal funds from Part B of the Ryan White HIV/AIDS Program and ADAP funds to provide eligible beneficiaries with premium and cost‑sharing assistance for the purchase or maintenance of private health insurance coverage, including premiums, co‑payments, and deductibles. In creating this program, the Department shall ensure full compliance with federal Health Resources and Services Administration (HRSA) guidance, including the methodology used to do all of the following:

(1)        Assess and compare the cost of providing prescription drugs to eligible beneficiaries through the health insurance premium assistance program created pursuant to this section versus the existing ADAP program.

(2)        Ensure that insurance premium assistance program funds are used solely to pay for premium and cost‑sharing assistance for the purchase or maintenance of private health insurance coverage that provides, at a minimum, prescription coverage equivalent to the formulary available under Part B of the Ryan White HIV/AIDS Program.

(3)        Limit the total annual amount of funds expended for the health insurance premium assistance program authorized by this section to no more than the total annual cost of maintaining the same individuals on the existing ADAP Program.

SECTION 12E.1.(b)  By March 1, 2017, the Department shall submit a report to the House Appropriations Committee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Fiscal Research Division on the operation of the program authorized by subsection (a) of this section, including any obstacles to implementation.

 

HEALTHY OUT‑OF‑SCHOOL TIME (HOST) RECOGNITION PROGRAM

SECTION 12E.2.(a)  Program Established.–There is created the "Healthy Out‑of‑School Time (HOST) Recognition Program" to be administered by the Department of Health and Human Services, Division of Public Health, in collaboration with the North Carolina Center for Afterschool Programs based in the Public School Forum.

SECTION 12E.2.(b)  Definitions. – The following definitions shall apply in this section:

(1)        Department. – The Department of Health and Human Services, Division of Public Health.

(2)        HEPA Standards. – The National Institute on Out‑of‑School Time Healthy Eating and Physical Activity Standards.

(3)        Out‑of‑school time program. – Any nonlicensed program provided to children and youth ages 17 and under that is currently exempt from G.S. 110‑91 or any other qualified out‑of‑school time programs that serve school‑age children outside of regular school hours, including before school and on weekends.

(4)        Program attendee. – A person enrolled in an exempt out‑of‑school time program.

(5)        Screen time. – Time spent viewing or working on television, videos, computers, or handheld devices, with or without Internet access.

SECTION 12E.2.(c)  Program Development. – The Department shall develop a process, to be administered on its Internet Web site, for an out‑of‑school time program to be recognized as a program that meets the HEPA Standards as outlined in this section. The Web site shall include all resources and links that an out‑of‑school time program may use to meet the requirements of this section. Programs being recognized shall demonstrate consistency and implementation of HEPA standards.

The Department shall develop and implement a process for providing minimal verification of self‑assessments submitted by out‑of‑school time programs applying for recognition, which may include a site visit or other form of review. At a minimum, the Department shall review a random sample of program self‑assessments within 30 to 60 days of receipt of the assessments.

Periodically, or at least once every five years, the Department shall review, and if necessary, revise and update the program standards to reflect advancements in nutrition science, dietary data, and physical activity standards to ensure consistency with nationally recognized guidelines for out‑of‑school time programs.

SECTION 12E.2.(d)  Certificate; Program Information. – The Department shall provide a certificate to out‑of‑school time programs that demonstrate that the program meets HEPA standards. If the out‑of‑school time program is located on a school site, the out‑of‑school time program shall communicate with the school regarding nutrition education and physical activity, as appropriate, to provide the program attendees with a complete educational experience. All activities shall also adhere to the local school administrative unit's wellness policy, as appropriate.

The Department shall have information about the program available for review by a parent at both the physical location of the out‑of‑school time program and on the program's Internet Web site, if applicable. The Department shall require that the out‑of‑school time program maintain in its records a document signed by all parents acknowledging that they are aware of the HOST Recognition Program requirements and policies to institute and reinforce these specific healthy behaviors for all children served in the out‑of‑school time program.

SECTION 12E.2.(e)  Certificate Renewal. – A certificate issued under this section shall be valid for one calendar year. An out‑of‑school time program that wishes to create a new certificate for the subsequent year shall, by January 1 of the following year and thereafter, verify with the Department that the out‑of‑school time program continues to follow the HOST Recognition Program criteria established in accordance with subsection (d) of this section.

SECTION 12E.2.(f)  List of Programs. – The Department shall maintain and update a list of out‑of‑school time programs that qualify under the provisions of this section and shall post that list on its Internet Web site, including the date of qualification for each program.

SECTION 12E.2.(g)  Availability of Funds. – The provisions of the Healthy Out‑of‑School Time (HOST) Recognition Program enacted under this section are subject to the availability of funds for that purpose.

 

FUNDING FOR THE ELIMINATION OF HEALTH DISPARITIES

SECTION 12E.3.(a)  The Department of Health and Human Services, Division of Public Health, shall not award any new Community‑Focused Eliminating Health Disparities Initiative grants under Section 12E.3 of S.L. 2015‑241 after June 30, 2016.

SECTION 12E.3.(b)  By September 30, 2016, the Department shall terminate all existing grants awarded pursuant to Section 12E.3 of S.L. 2015‑241.

SECTION 12E.3.(c)  Section 12E.3 of S.L. 2015‑241 is repealed effective October 1, 2016.

SECTION 12E.3.(d)  Funds appropriated to the Department of Health and Human Services, Division of Public Health, for the Community‑Focused Eliminating Health Disparities Initiative for the 2016‑2017 fiscal year shall be used by the Office of Minority Health to establish and administer, in consultation with the Chronic Disease and Injury Prevention Section, an evidence‑based Diabetes Prevention Program (DPP) modeled after the program recommended by the National Institute of Diabetes and Digestive and Kidney Diseases (NIDDK), targeting minority populations.

 

VECTOR SURVEILLANCE PROGRAM

SECTION 12E.4.(a)  As used in this section, the term vector means a living transporter and transmitter of the causative agent of a disease.

SECTION 12E.4.(b)  The Department of Health and Human Services, Division of Public Health, shall establish and administer a vector surveillance program to protect the public health. In conducting the program, the Department shall do all of the following:

(1)        Conduct vector surveillance.

(2)        Characterize vector‑borne disease risk.

(3)        Recommend appropriate vector control measures.

(4)        Evaluate the effectiveness of vector control measures.

(5)        Provide comprehensive vector‑borne disease consultation, communication, and education.

SECTION 12E.4.(c)  The Commission for Public Health is authorized to adopt rules necessary to implement the vector surveillance program established pursuant to this section.

 

INCREASED FEE FOR NEWBORN SCREENING PROGRAM

SECTION 12E.5.(a)  G.S. 130A‑125(c), as amended by Section 12E.12 of S.L. 2015‑241, reads as rewritten:

"(c)      A fee of twenty‑four dollars ($24.00) forty‑four dollars ($44.00) applies to a laboratory test performed by the State Laboratory of Public Health pursuant to this section. The fee for a laboratory test is a departmental receipt of the Department and shall be used to offset the cost of the Newborn Screening Program."

SECTION 12E.5.(b)  Subsection (a) of this section is effective when it becomes law and applies to fees imposed for laboratory tests performed on or after that date.

 

ALLOCATION OF FUNDS FOR SHORTFALLS IN LOCAL HEALTH DEPARTMENTS

SECTION 12E.6.(a)  In allocating funds appropriated in this act to the Department of Health and Human Services, Division of Public Health (DPH), for the 2016‑2017 fiscal year to support local health departments as they adjust to new Medicaid reimbursement rates, the DPH shall give priority to minimizing any negative impact on the delivery of direct services.

SECTION 12E.6.(b)  By February 1, 2017, the DPH shall report to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division on its proposal for resolving the shortfall of funds in local health departments attributed to their adjustment to new Medicaid reimbursement rates.

 

SUBPART XII‑F. Division of MH/DD/SAS and State Operated Healthcare Facilities

 

MEDICATION‑ASSISTED OPIOID USE DISORDER TREATMENT PILOT PROGRAM

SECTION 12F.1.(a)  Definitions. – As used in this section, the following terms have the following meanings:

(1)        Department. – The North Carolina Department of Health and Human Services.

(2)        FQHC. – A federally qualified health center located in this State.

(3)        Prescriber. – Anyone authorized to prescribe drugs pursuant to the laws of this State.

(4)        Program participant. – An individual who (i) has been clinically assessed and diagnosed with opioid addiction, (ii) is selected by an FQHC to participate in the pilot program authorized by this section, and (iii) as part of the pilot program, receives the nonnarcotic, nonaddictive, extended‑release, injectable formulation of opioid antagonist approved by the United States Food and Drug Administration for the prevention of relapse to opioid dependence.

(5)        Randomized control group member. – An individual who (i) has been clinically assessed and diagnosed with opioid addiction, (ii) is selected by a FQHC to participate in the pilot program authorized by this section, and (iii) as part of the pilot program, does not receive the nonnarcotic, nonaddictive, extended‑release, injectable formulation of opioid antagonist approved by the United States Food and Drug Administration for the prevention of relapse to opioid dependence.

SECTION 12F.1.(b)  Pilot Program. – The Department shall oversee the administration of a three‑year pilot program to be conducted by designated FQHCs to address North Carolina's growing opioid addiction and overdose crisis. The goal of the pilot program is to study the effectiveness of combining behavioral therapy with the utilization of a nonnarcotic, nonaddictive, extended‑release, injectable formulation of opioid antagonist approved by the United States Food and Drug Administration for the prevention of relapse to opioid dependence. In conducting the pilot program, selected FQHCs may collaborate with the Department, the North Carolina Institute of Medicine (NCIOM), and any other qualified entity or State agency that may be of assistance in accomplishing the objectives of the pilot program. Prior to the initiation of this pilot program, the Department shall, in collaboration with the NCIOM or any other qualified entity, determine the number of program participants and randomized control group members needed to participate in the pilot program in order to ensure sufficient statistical significance to support any conclusions about the effectiveness of the pilot program.

SECTION 12F.1.(c)  Selection of Participating FQHCs. – Not later than 30 days after the effective date of this section, the Department shall select a minimum of three and not more than five FQHCs located in different areas of the State to participate in the pilot program authorized by this section, giving first priority to FQHCs that have received supplemental grant funds from the United States Department of Health and Human Services, Health Resources and Services Administration, for substance abuse service expansion with a focus on medication‑assisted treatment in opioid use disorders.

SECTION 12F.1.(d)  Selection of Program Participants. – Not later than 60 days after the effective date of this section, the Department shall develop, in collaboration with the NCIOM or any other qualified entity, a methodology for selecting program participants and randomized control group members at each FQHC. Only individuals who have been clinically assessed and diagnosed with opioid addiction may be selected and treated as program participants and randomized control group members. Individuals who have been referred from local criminal justice agencies may be selected as program participants and randomized control group members.

SECTION 12F.1.(e)  Treatment Standards. – As a condition of participating in the pilot program authorized by this section, each FQHC shall sign a written participation agreement provided by the Department that requires the FQHC to adhere to at least all of the following treatment standards for the duration of its participation in the pilot program:

(1)        Treatment may be provided to program participants and randomized control group members only by a treatment provider who is affiliated with a participating FQHC.

(2)        Only individuals who have been clinically assessed and diagnosed with opioid addiction may be selected and treated as program participants and randomized control group members.

(3)        Treatment providers at participating FQHCs shall do all of the following:

a.         Provide treatment based on an integrated service delivery model that consists of the coordination of care between a prescriber and an addiction services provider.

b.         Conduct any necessary additional professional, comprehensive substance use disorder and mental health diagnostic assessments of individuals under consideration for selection as pilot program participants to determine if they would benefit from substance use disorder treatment and monitoring.

c.         Determine, based on the assessments described in sub‑subdivision b. of this subdivision, the treatment needs of the program participants served by the treatment provider.

d.         Develop individualized treatment goals and objectives for each program participant.

e.         Provide program participants with access to medication‑assisted treatment utilizing a nonnarcotic, nonaddictive, extended‑release, injectable formulation of opioid antagonist.

f.          In addition to medication‑assisted treatment, provide program participants with other types of therapies, including behavioral therapies, outpatient programs, and community support, for opioid use disorder and any other disorders that are determined by the treatment provider to be co‑occurring disorders.

g.         In the case of medication‑assisted treatment provided under the pilot program, a drug may be used only if it has been approved by the United States Food and Drug Administration for use in combination with behavioral therapy for the prevention of relapse to opioid dependence.

h.         Comply with all applicable federal opioid treatment standards.

i.          Monitor the progress of program participants and randomized control group members through the use of regular drug testing, including urinalysis.

SECTION 12F.1.(f)  FQHC Reports. – No later than 60 days after the effective date of this section, the Department shall, in collaboration with the NCIOM or any other qualified entity, develop a standardized methodology for the collection of information on program participants and randomized control group members at each FQHC. As a condition of participating in the pilot program authorized by this section, each selected FQHC must agree to follow this standardized methodology for (i) collecting information on program participants and randomized control group members and (ii) annually reporting that information to the Department, in the format prescribed by the Department. The annual report shall include at least all of the following information, in the format prescribed by the Department:

(1)        For each program participant and randomized control group member, that individual's age, sex, and length of treatment. This information shall be reported to the Department in a manner that does not disclose personally identifying information about program participants and randomized control group members.

(2)        The total number of program participants and the total number of randomized control group members who successfully transitioned to opioid abstinence for a minimum of 30 days, 60 days, 90 days, six months, 12 months, and 18 months.

(3)        A comparison of program participants to the randomized control group members.

(4)        The amount of State appropriations expended on a per program participant basis at each participating FQHC.

SECTION 12F.1.(g)  Evaluation of Pilot Program. – By November 1, 2020, the Department shall conduct and submit to the Joint Legislative Oversight Committee on Health and Human Services a comprehensive evaluation of the effectiveness of this pilot program in addressing North Carolina's growing opioid addiction and overdose crisis. The Department may contract with an institution of higher education or other qualified entity with expertise in evaluating programs similar to the pilot program authorized by this section. The comprehensive evaluation shall include whether this pilot program was successful as measured by at least all of the following:

(1)        The total number of program participants who successfully transitioned to opioid abstinence for a minimum of 30 days, 60 days, 90 days, six months, 12 months, and 18 months.

(2)        A comparison of the program participants to the randomized control group members.

(3)        A cost‑benefit analysis of the pilot program.

SECTION 12F.1.(h)  Expiration. – The pilot program conducted at each selected FQHC shall expire no later than three years after the date of its commencement at that particular FQHC.

SECTION 12F.1.(i)  Funds in the amount of five hundred thousand dollars ($500,000) from the federal Substance Abuse Prevention and Treatment Block Grant shall be allocated to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, for the 2016‑2017 fiscal year. These funds shall be allocated to the FQHCs selected to participate in the pilot program authorized by this section on a per program participant basis to offset the cost of the following services:

(1)        Medication dispensed to program participants.

(2)        Provider fees for services rendered to program participants.

(3)        Up to 14 days of detoxification services.

(4)        Behavioral therapy for program participants.

(5)        Drug testing and monitoring of program participants.

SECTION 12F.1.(j)  Subsection (i) of this section becomes effective July 1, 2016. The remainder of this section is effective when it becomes law.

 

RESERVE FUND FOR GOVERNOR'S MENTAL HEALTH AND SUBSTANCE USE TASK FORCE RECOMMENDATIONS

SECTION 12F.3.(a)  Funds appropriated in this act to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, for the 2016‑2017 fiscal year to implement the recommendations of the Governor's Task Force on Mental Health and Substance Use established pursuant to Executive Order No. 76 (Governor's Task Force) shall be deposited into the reserve fund established pursuant to subsection (b) of this section.

SECTION 12F.3.(b)  The Mental Health and Substance Use Task Force Reserve Fund is hereby established as a fund within the General Fund. Notwithstanding any provision of law to the contrary, monies in the Reserve Fund shall not revert at the end of the fiscal year but shall remain available until expended. Monies in the Fund may only be expended to implement the recommendations of the Governor's Task Force; provided, however, that no funds shall be expended until both of the following conditions have been met:

(1)        The Department of Health and Human Services shall obtain the prior approval of the Office of State Budget and Management (OSBM) on a detailed implementation plan with key milestones and due dates.

(2)        The Department of Health and Human Services shall report to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division within 10 days after obtaining the approval required by subdivision (1) of this subsection. The report shall include (i) an explanation of the specific amounts and uses of these funds and (ii) a detailed implementation plan with key milestones, due dates, and expected outcomes.

 

USE OF DOROTHEA DIX HOSPITAL PROPERTY FUNDS

SECTION 12F.4.(a)  It is the intent of the General Assembly to increase short‑term, inpatient behavioral health bed capacity in rural areas of the State with the highest need. Toward that end, of the funds appropriated from the Dorothea Dix Hospital Property Fund established under G.S. 143C‑9‑2(b1) to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, for the 2016‑2017 fiscal year, the sum of eighteen million dollars ($18,000,000) shall be used to pay for any renovation or building costs associated with the following:

(1)        The construction of new licensed short‑term, inpatient behavioral health beds.

(2)        The conversion of existing inpatient acute care beds into licensed short‑term, inpatient behavioral health beds.

(3)        A combination of subdivision (1) and subdivision (2) of this subsection.

SECTION 12F.4.(b)  The Secretary shall select hospitals in the three State regions for institutional services (Eastern Region, Central Region, and Western Region) to receive funds allocated under subsection (a) of this section for the construction, conversion, or both of short‑term, inpatient behavioral health beds in rural areas of the State. Notwithstanding the State Medical Facilities Plan, Article 9 of Chapter 131E of the General Statutes, or any other provision of law to the contrary, each selected rural hospital that receives funds allocated under subsection (a) of this section shall be allowed to construct new or convert unused acute care beds into licensed, inpatient behavioral health beds without undergoing certificate of need review by the Division of Health Service Regulation. All newly constructed or converted beds shall be subject to existing licensure laws and requirements. As a condition of receiving these funds, each selected rural hospital shall reserve at least fifty percent (50%) of the constructed or converted beds for (i) purchase by the Department under the State‑administered, three‑way contract and (ii) referrals by local management entities/managed care organizations (LME/MCOs) of individuals who are indigent or Medicaid recipients. Any hospital unit or other location with short‑term, inpatient behavioral health beds constructed or converted with funds allocated under subsection (a) of this section shall be named in honor of Dorothea Dix.

SECTION 12F.4.(c)  If the Department approves a request submitted by a rural hospital selected to receive funds allocated under subsection (a) of this section to include within its hospital license a facility, premises, building, outpatient clinic, or other location in an immediately adjoining county with a population of at least 60,000 based on the latest official United States census, as permitted under G.S. 131E‑177(e1), as enacted by Section 12G.3 of this act, then the Secretary shall allocate funds to that hospital for the construction or conversion of a sufficient number of additional beds to ensure that, within the three‑year period following approval of such request, the hospital has a total inventory of at least 18 licensed and operational short‑term, inpatient behavioral health beds. Notwithstanding the State Medical Facilities Plan, Article 9 of Chapter 131E of the General Statutes, or any other provision of law to the contrary, these additional short‑term, inpatient behavioral health beds shall be exempt from certificate of need review. The hospital unit or other location in which these additional short‑term, inpatient behavioral health beds are located shall be named in honor of Dorothea Dix.

SECTION 12F.4.(d)  Beginning November 1, 2017, the Department of Health and Human Services shall annually report to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division on the number and location of additional licensed short‑term, inpatient behavioral health beds brought into operation with funds allocated under subsection (a) of this section. By December 1, 2020, the Department shall submit a report that includes a proposal for funding the recurring operating costs of these additional beds from a source or sources other than the Dorothea Dix Hospital Property Funds, including the identification of potential new funding sources.

SECTION 12F.4.(e)  It is the intent of the General Assembly to increase the number of facility‑based crisis centers in North Carolina for children and adolescents. Toward that end, of the funds appropriated from the Dorothea Dix Hospital Property Fund established under G.S. 143C‑9‑2(b1) to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, for the 2016‑2017 fiscal year, the sum of two million dollars ($2,000,000) shall be used to award grants on a competitive basis for the establishment of up to two new facility‑based crisis centers in the State for children and adolescents. The Department shall establish a process for applying for these grants, criteria for evaluating applications, and a process for allocating grants.

 

TRAUMATIC BRAIN INJURY FUNDING

SECTION 12F.5.  Section 12F.6 of S.L. 2015‑241 reads as rewritten:

"SECTION 12F.6. Of the funds appropriated in this act to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, for the 2015‑2016 fiscal year,each year of the 2015‑2017 fiscal biennium, the sum of two million three hundred seventy‑three thousand eighty‑six dollars ($2,373,086) shall be used exclusively to support traumatic brain injury (TBI) services as follows:

(1)        The sum of three hundred fifty‑nine thousand two hundred eighteen dollars ($359,218) shall be used to fund contracts with the Brain Injury Association of North Carolina, Carolinas Rehabilitation, or other appropriate service providers.

(2)        The sum of seven hundred ninety‑six thousand nine hundred thirty‑four dollars ($796,934) shall be used to support residential programs across the State that are specifically designed to serve individuals with TBI.

(3)        The sum of one million two hundred sixteen thousand nine hundred thirty‑four dollars ($1,216,934) shall be used to support requests submitted by individual consumers for assistance with residential support services, home modifications, transportation, and other requests deemed necessary by the consumer's local management entity and primary care physician."

 

IMPROVE CONTROLLED SUBSTANCES REPORTING SYSTEM ACCESS AND UTILIZATION

SECTION 12F.6.  G.S. 90‑113.74, as amended by Section 12F.16(d) of S.L. 2015‑241, reads as rewritten:

"§ 90‑113.74.  Confidentiality.

(f)        The Department shall shall, on a quarterly basis, purge from the controlled substances reporting system database all information more than six years old. The Department shall maintain in a separate database all information purged from the controlled substances reporting system database pursuant to this subsection and may release data from that separate database only as provided in subsection (d) of this section.

…."

 

CONTROLLED SUBSTANCES REPORTING SYSTEM IMPROVEMENTS

SECTION 12F.7.(a)  It is the intent of the General Assembly to improve the security, functionality, and interface capabilities of the Controlled Substances Reporting System (CSRS), thereby improving the system's data management and advanced analytics capabilities. Toward that end, funds appropriated in this act to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services (DMH/DD/SAS), for the 2016‑2017 fiscal year for the CSRS shall be used as follows:

(1)        Six hundred thousand dollars ($600,000) in nonrecurring funds shall be used to upgrade the CSRS database to meet the most current architecture standards of the American Society for Automation in Pharmacy and Prescription Monitoring Information Exchange (PMIX). The upgrade shall be designed to facilitate connectivity with controlled substances reporting systems in surrounding states and the statewide health information exchange network in this State, while protecting the privacy of patient information stored in the system in a manner consistent with federal and State laws. The upgraded database shall be hosted within the Department of Information Technology.

(2)        Three hundred seventy‑five thousand dollars ($375,000) in recurring funds and six hundred fifty‑three thousand four hundred dollars ($653,400) in nonrecurring funds shall be used to pay for contractual hours to develop and implement software for the performance of advanced analytics within the CSRS in order to achieve the purposes specified in G.S. 90‑113.71 and, more specifically, to accomplish at least all of the following:

a.         To enhance and automate reports solicited by persons or entities authorized under G.S. 90‑113.74.

b.         To enhance the Department's ability to provide data to persons or entities authorized to receive information under G.S. 90‑113.74.

c.         To aggregate data sources, including those available through the Government Data Analytics Center (GDAC), relevant to the identification of unusual prescribing patterns or behavior indicative of abuse, addiction, or criminal activity.

In improving the CSRS as specified in subdivision (2) of this subsection, the DMH/DD/SAS shall utilize subject matter expertise and technology available through existing GDAC public‑private partnerships. Upon development and implementation of the advanced analytics software for the CSRS, the DMH/DD/SAS shall coordinate with the Division of Public Health and any other appropriate division within the Department of Health and Human Services to ensure that advanced analytics are performed in a manner that achieves the purposes specified in G.S. 90‑113.71.

SECTION 12F.7.(b)  By December 1, 2016, the Department shall execute all contractual agreements and interagency data sharing agreements necessary to complete the improvements to the CSRS described in subdivision (2) of subsection (a) of this section.

SECTION 12F.7.(c)  Article 5E of Chapter 90 of the General Statutes is amended by adding a new section to read:

"§ 90‑113.74A.  Mandatory prescriber registration for access to controlled substances reporting system.

Within 30 days after obtaining an initial or renewal license that confers the authority to prescribe a controlled substance for the purpose of providing medical care for a patient, the licensee shall demonstrate to the satisfaction of the licensing board that he or she is registered for access to the controlled substances reporting system. A violation of this section may constitute cause for the licensing board having jurisdiction over the licensee to suspend or revoke the license."

SECTION 12F.7.(d)  G.S. 90‑113.74A, as enacted by subsection (c) of this section, becomes effective on the date the State Chief Information Officer notifies the Revisor of Statutes that (i) the upgrades to the CSRS database described in subdivisions (1) and (2) of subsection (a) of this section have been completed and (ii) the upgraded CSRS database is fully operational within the Department of Information Technology and connected to the statewide health information exchange, and it applies to acts committed on or after that date. The remainder of this section becomes effective July 1, 2016.

 

EXPANDED USE OF FUNDS FOR INPATIENT PSYCHIATRIC BEDS OR BED DAYS

SECTION 12F.9.  Subsection (a) of Section 12F.1 of S.L. 2015‑241 reads as rewritten:

"SECTION 12F.1.(a)  Use of Funds. – Of the funds appropriated in Section 2.1 of this act to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, for crisis services, the sum of forty million five hundred eighty‑three thousand three hundred ninety‑four dollars ($40,583,394) for the 2015‑2016 fiscal year and the sum of forty million five hundred eighty‑three thousand three hundred ninety‑four dollars ($40,583,394) for the 2016‑2017 fiscal year shall be used to purchase additional new or existing local inpatient psychiatric beds or bed days not currently funded by or though LME/MCOs. The Department shall continue to implement a two‑tiered system of payment for purchasing these local inpatient psychiatric beds or bed days based on acuity level with an enhanced rate of payment for inpatient psychiatric beds or bed days for individuals with higher acuity levels, as defined by the Department. The enhanced rate of payment for inpatient psychiatric beds or bed days for individuals with higher acuity levels shall not exceed the lowest average cost per patient bed day among the State psychiatric hospitals. In addition, at the discretion of the Secretary of Health and Human Services, existing funds allocated to LME/MCOs for community‑based mental health, developmental disabilities, and substance abuse services may be used to purchase additional local inpatient psychiatric beds or bed days. Funds designated in this subsection for the purchase of local inpatient psychiatric beds or bed days shall not be used to supplant other funds appropriated or otherwise available to the Department for the purchase of inpatient psychiatric services through contracts with local hospitals.

The Department may use up to ten percent (10%) of the funds allocated in this subsection for the 2016‑2017 fiscal year for the State's three‑way contracts to pay for facility‑based crisis services and non‑hospital detoxification services for individuals in need of these services, regardless if the individuals are medically indigent, as defined in subsection (b) of this section."

 

STRATEGIC PLAN FOR IMPROVEMENT OF BEHAVIORAL HEALTH SERVICES

SECTION 12F.10.(a)  The General Assembly finds that behavioral health services within the State are fragmented and a statewide comprehensive plan is necessary to ensure that individuals with behavioral health needs are timely served in the most appropriate settings and with the most appropriate services in order to achieve the best possible outcomes. The General Assembly further finds the absence of a statewide strategic plan that defines, coordinates, and facilitates the allocation of resources for needed services is an obstacle to improving the desired outcomes for behavioral health services in this State. It is the intention of the General Assembly to improve the delivery and coordination of behavioral health services across the State by targeting State resources to identified needs of covered populations and to treatments and services most effective at producing positive, measurable outcomes.

SECTION 12F.10.(b)  By January 1, 2018, the Department of Health and Human Services shall develop and submit to the Joint Legislative Oversight Committee on Health and Human Services, the Joint Legislative Oversight Committee on Medicaid and NC Health Choice, and the Fiscal Research Division a strategic statewide plan to improve the efficiency and effectiveness of State‑funded behavioral health services. The plan shall include at least all of the following:

(1)        Identification of the Division that will (i) assume lead responsibility for the organization and delivery of publicly funded behavioral health services and (ii) define the current and future roles and responsibilities of local management entities/managed care organizations (LME/MCOs) with respect to the organization and delivery of publicly funded behavioral health services.

(2)        A process for ensuring that all State contracts with behavioral health providers and managed care organizations responsible for managing Medicaid behavioral health services (including LME/MCOs) contain goals for overall behavioral health services, along with specific measurable outcomes for all publicly funded mental health, developmental disabilities, substance abuse, and traumatic brain injury services.

(3)        A statewide needs assessment for mental health, developmental disabilities, substance abuse, and traumatic brain injury services by county and type of service, broken down by the source of funding. The needs assessment must include a defined service continuum to address identified needs for targeted populations.

(4)        Specific solvency standards to be incorporated into State contracts with LME/MCOs that define appropriate cash balances, predictors for sustainability, and measures for performance that the LME/MCOs will monitor and report to the Department on a monthly, quarterly, and annual basis.

(5)        Any other component the Department deems necessary to achieve the goal of improving the effective and efficient delivery and coordination of publicly funded behavioral health services across the State.

SECTION 12F.10.(c)  The Joint Legislative Oversight Committee on Health and Human Services and the Joint Legislative Oversight Committee on Medicaid and NC Health Choice shall each establish a subcommittee on Behavioral Health Services. The subcommittees shall meet jointly to do the following:

(1)        Oversee the Department's development of the strategic plan required by subsection (b) of this section.

(2)        Review the strategic plan developed by the Department in accordance with subsection (b) of this section, including a review of all performance‑related goals and measures for the delivery of mental health, developmental disabilities, substance abuse, and traumatic brain injury services.

(3)        Review consolidated monthly, quarterly, and annual reports and analyses of behavioral health services funded by Medicaid and State‑only appropriations.

The subcommittees shall jointly make recommendations about the areas of oversight and review described in subdivisions (1) through (3) of this subsection and report their findings and recommendations to their respective committees. In conducting the required oversight and review, the subcommittees may seek input from other states, stakeholders, and national experts as they deem necessary in conducting their examination and developing their recommendations.

SECTION 12F.10.(d)  This section is effective when it becomes law.

 

SUBPART XII‑G. Division of Health Service Regulation

 

MORATORIUM ON HOME CARE AGENCY LICENSES FOR IN‑HOME AIDE SERVICES

SECTION 12G.1.(a)  Section 12G.4(a) of S.L. 2014‑100 reads as rewritten:

"SECTION 12G.4.(a)  For the period commencing on the effective date of this section, and ending June 30, 2016, June 30, 2019, and notwithstanding the provisions of the Home Care Agency Licensure Act set forth in Part 3 of Article 6 of Chapter 131E of the General Statutes or any rules adopted pursuant to that Part, the Department of Health and Human Services shall not issue any licenses for home care agencies as defined in G.S. 131E‑136(2) that intend to offer in‑home aide services. This prohibition does not apply to companion and sittercompanion, sitter, or respite services and shall not restrict the Department from doing any of the following:

(1)        Issuing a license to a certified home health agency as defined in G.S. 131E‑176(12) that intends to offer in‑home aide services.

(2)        Issuing a license to an agency that needs a new license for an existing home care agency being acquired.

(3)        Issuing a license for a new home care agency in any area of the State upon a determination by the Secretary of the Department of Health and Human Services that increased access to care is necessary in that area."

SECTION 12G.1.(b)  This section is effective when it becomes law.

 

ADULT CARE HOME COST REPORTING

SECTION 12G.2.  G.S. 131D‑4.2 reads as rewritten:

"§ 131D‑4.2.  Adult care homes; family care homes; annual cost reports; exemptions; enforcement.

(a)        Except for family care homes, adult care homes with a licensed capacity of seven to twenty beds, which are licensed pursuant to this Chapter, to Chapter 122C of the General Statutes, and to Chapter 131E of the General Statutes, shall submit audited reports of actual costs to the Department at least every two years in accordance with rules adopted by the Department under G.S. 143B‑10. For years in which an audited report of actual costs is not required, an annual cost report shall be submitted to the Department in accordance with rules adopted by the Department under G.S. 143B‑10. Adult care homes licensed under Chapter 131D of the General Statutes that have special care units shall include in reports required under this subsection cost reports specific to the special care unit and shall not average special care costs with other costs of the adult care home.

(b)        Except for family care homes, adult care homes with a licensed capacity of twenty‑one beds or more, which are licensed pursuant to this Chapter, to Chapter 122C of the General Statutes, and to Chapter 131E of the General Statutes, shall submit annual audited reports of actual costs at least every two years to the Department of Health and Human Services, in accordance with rules adopted by the Department under G.S. 143B‑10. Adult care homes licensed under Chapter 131D of the General Statutes that have special care units shall include in the reports required under this subsection cost reports specific to the special care unit and shall not average special care costs with other costs of the adult care home.

(c)        Repealed by Session Laws 1999‑334, s. 3.1.

(d)       Facilities that do not receive State/County Special Assistance or Medicaid personal care are exempt from the reporting requirements of this section.

(e)        Except as otherwise provided in this subsection, the annual reporting period for facilities licensed pursuant to this Chapter or Chapter 131E of the General Statutes shall be October 1 through September 30, with the annual report due by the following December 31, unless the Department determines there is good cause for delay. The annual report for combination facilities and free‑standing adult care home facilities owned and operated by a hospital shall be due 15 days after the hospital's Medicare cost report is due. The annual report for combination facilities not owned and operated by a hospital shall be due 15 days after the nursing facility's Medicaid cost report is due. The annual reporting period for facilities licensed pursuant to Chapter 122C of the General Statutes shall be July 1 through June 30, with the annual report due by the following December 31, unless the Department determines there is good cause for delay. Under this subsection, good cause is an action that is uncontrollable by the provider. The Department shall establish specific reporting deadlines for each type of facility required to report under this section. If the Department finds good cause for delay, it may extend the deadline for filing a report for up to an additional 30 days.

(f)        The Department shall have the authority to conduct audits and review audits submitted pursuant to subsections (a), (b), and (c) above.(a) and (b) of this section.

(g)        The Department shall suspend admissions to facilities that fail to submit annual reports by December 31, or by the applicable reporting deadline or by the date established by the Department when good cause for delay is found pursuant to G.S. 131D‑4.2(e). Suspension of admissions shall remain in effect until reports are submitted or licenses are suspended or revoked under subdivision (2) of this subsection. The Department may take either or both of the following actions to enforce compliance by a facility with this section, or to punish noncompliance:

(1)        Seek a court order to enforce compliance;

(2)        Suspend or revoke the facility's license, subject to the provisions of Chapter 150B of the General Statutes.

(h)        The report documentation shall be used to adjust the adult care home rate annually, at least every two years, an adjustment that is in addition to the annual standard adjustment for inflation as determined by the Office of State Budget and Management. Rates for family care homes shall be based on market rate data. The Secretary of Health and Human Services shall adopt rules for the rate‑setting methodology and audited cost reports in accordance with G.S. 143B‑10."

 

FACILITIES INCLUDED UNDER SINGLE HOSPITAL LICENSE

SECTION 12G.3.(a)  G.S. 131E‑77 is amended by adding a new subsection to read:

"(e1)    Any license issued by the Department shall include only facilities, premises, buildings, outpatient clinics, and other locations (i) operated by the hospital within a single county and (ii) operated by the hospital in an immediately adjoining county; provided, however, that facilities, premises, buildings, outpatient clinics, and other locations operated by a hospital in an immediately adjoining county shall only be included within the same hospital license if the applicant hospital demonstrates all of the following to the satisfaction of the Department:

(1)        There was previously only one hospital licensed by the Department and providing inpatient services in the immediately adjoining county.

(2)        The licensed inpatient hospital in the immediately adjoining county described in subdivision (1) of this subsection closed or otherwise ceased providing services to patients no more than three years prior to the date the applicant hospital first applied to license a facility, premises, building, outpatient clinic, or location in such immediately adjoining county.

If the Department approves an applicant hospital's request to include within its hospital licensure an initial facility, premises, building, outpatient clinic, or other location in an immediately adjoining county, then any other designated facilities, premises, buildings, outpatient clinics, or other locations thereafter developed and operated by the applicant in such immediately adjoining county in accordance with applicable law may also be included within and covered by the license issued to the applicant by the Department."

SECTION 12G.3.(b)  This section is effective when it becomes law.

 

REPEAL OF CERTIFICATE OF PUBLIC ADVANTAGE LAWS

SECTION 12G.4.(a)  Section 6 of S.L. 2015‑288 reads as rewritten:

"SECTION 6. Section 4 of this act is effective January 1, 2018.September 30, 2016. The remainder of this act is effective when it becomes law."

SECTION 12G.4.(b)  Notwithstanding subsection (a) of this section or any other provision of law to the contrary, each party to a cooperative agreement for which a certificate of public advantage was issued prior to September 30, 2016, shall submit a report to the Department of Health and Human Services and the Attorney General on its activities pursuant to the cooperative agreement through September 30, 2017. The report shall include at least all of the following:

(1)        A description of the activities conducted pursuant to the agreement.

(2)        Price and cost information.

(3)        The nature and scope of its activities pursuant to the agreement through September 30, 2017, and the likely effect of those activities.

(4)        Any additional information requested by the Department or the Attorney General.

 

SUBPART XII‑H. Division of Medical Assistance (Medicaid)

 

ACCOUNTING FOR MEDICAID RECEIVABLES AS NONTAX REVENUE

SECTION 12H.1.  Section 12H.10(b) of S.L. 2015‑241 reads as rewritten:

"SECTION 12H.10.(b)  For the 2015‑2016 fiscal year, the Department of Health and Human Services shall deposit from its revenues one hundred thirty‑nine million dollars ($139,000,000) with the Department of State Treasurer to be accounted for as nontax revenue. For the 2016‑2017 fiscal year, the Department of Health and Human Services shall deposit from its revenues one hundred thirty‑nine forty‑seven million dollars ($139,000,000) ($147,000,000) with the Department of State Treasurer to be accounted for as nontax revenue. These deposits shall represent the return of General Fund appropriations, nonfederal revenue, fund balances, or other resources from State‑owned and State‑operated hospitals which are used to provide indigent and nonindigent care services. The return from State‑owned and State‑operated hospitals to DHHS will be made from nonfederal resources in an amount equal to the amount of the payments from the Division of Medical Assistance for uncompensated care. The treatment of any revenue derived from federal programs shall be in accordance with the requirements specified in the Code of Federal Regulations, Title 2, Part 225."

 

MEDICAID RECOVERY AND ABLE ACCOUNTS

SECTION 12H.2.(a)  G.S. 147‑86.73 is amended by adding a new subsection to read:

"(g1)    Notice for Designated Beneficiary Receiving Medicaid. – The ABLE Account application form approved in accordance with G.S. 147‑86.71(b)(1) shall include notice of the State's right under subsection (e) of this section to file a claim for payment from a designated beneficiary's ABLE account following the death of a beneficiary who received medical assistance benefits."

SECTION 12H.2.(b)  G.S. 147‑86.73(g) is repealed.

SECTION 12H.2.(c)  This section is effective when it becomes law.

 

MEDICAID AND HEALTH CHOICE PROVIDER SCREENING

SECTION 12H.3.(a)  G.S. 108C‑3 reads as rewritten:

"§ 108C‑3.  Medicaid and Health Choice provider screening.

...

(g)        High Categorical Risk Provider Types. – The following provider types are hereby designated as "high" categorical risk:

...

(10)      Providers that were excluded, or whose owners, operators, or managing employees were excluded, by the U.S. Department of Health and Human Services Office of Inspector General General, the Medicare program, or another state's Medicaid program or Children's Health Insurance Program within the previous 10 years.

...

(j)         For out‑of‑state providers, the Department may rely on the results of the provider screening performed by the Medicaid agencies or Children's Health Insurance Program for Children agencies of other states."

SECTION 12H.3.(b)  This section is effective when it becomes law.

 

CONTRACT TO RECOVER CERTAIN OVERPAYMENTS AND REPORTING ON PREPAYMENT FRAUD

SECTION 12H.3A.(a)  No later than October 1, 2016, the Department of Health and Human Services, Division of Medical Assistance, shall issue a request for proposals (RFP) to recover Medicaid and NC Health Choice overpayments to providers when the total amount owed to the State by the provider is less than one hundred fifty dollars ($150.00). The RFP shall specify that payment under the contract shall be made only in the form of a contingent fee. The contingent fee shall be set at a percentage of the State share of the final overpayment, as defined in G.S. 108C‑2(5), that is recovered.

SECTION 12H.3A.(b)  No later than October 1, 2016, the Department of Health and Human Services, Division of Medical Assistance, shall report to the Joint Legislative Oversight Committee on Medicaid and NC Health Choice on a strategy for identifying and addressing prepayment fraud.

 

CLARIFY DHHS AUTHORITY TO ADMINISTER MEDICAID AND NC HEALTH CHOICE PROGRAMS

SECTION 12H.4.  G.S. 108A‑54(e) reads as rewritten:

"(e)      The Secretary of the Department of Health and Human Services, through the Division of Health Benefits,Services shall have the following powers and duties:

(1)        Administer and operate the Medicaid and NC Health Choice programs, provided that the total expenditures, net of agency receipts, do not exceed the authorized budget for each program.the Medicaid program and NC Health Choice program. None of the powers and duties enumerated in the other subdivisions of this subsection shall be construed to limit the broad grant of authority to administer and operate the Medicaid and NC Health Choice programs.

...."

 

EXPAND SUPPORT FOR PATIENTS WITH ALZHEIMER'S DISEASE AND THEIR FAMILIES THROUGH COMMUNITY ALTERNATIVES PROGRAM FOR DISABLED ADULTS WAIVER SLOTS

SECTION 12H.5.(a)  The Department of Health and Human Services, Division of Medical Assistance, shall amend the North Carolina Community Alternatives Program for Disabled Adults (CAP/DA) waiver to increase the number of slots available under the waiver by a maximum of 320 slots. These additional slots shall be made available on January 1, 2017.

SECTION 12H.5.(b)  Of the funds appropriated to the Department of Health and Human Services, Division of Medical Assistance, one million five hundred thousand dollars ($1,500,000) for fiscal year 2016‑2017 shall be used to fund these additional slots.

 

INCREASE NURSING RATES FOR COMMUNITY ALTERNATIVES PROGRAM FOR CHILDREN

SECTION 12H.6.  The Department of Health and Human Services, Division of Medical Assistance, shall increase by ten percent (10%) the rate paid to registered nurses and licensed practical nurses for the provision of nursing services covered by the Community Alternatives Program for Children.

 

REMOVE SUNSET ON MEDICAID ELIGIBILITY/COLA DISREGARD

SECTION 12H.7.  Section 10.6(c) of S.L. 2012‑142 reads as rewritten:

"SECTION 10.6.(c)  Subsection (a) of this section becomes effective January 1, 2013. The remainder of this section is effective when it becomes law. G.S. 108A‑54.4, as enacted by subsection (a) of this section, expires on December 31, 2017."

 

STUDIES TO BE CONDUCTED BY THE DIVISION OF MEDICAL ASSISTANCE

SECTION 12H.8.(a)  The Department of Health and Human Services, Division of Medical Assistance (Department), shall study the impact of covering, without cost‑sharing, all of the adult preventive services recommended by the U.S. Preventive Services Task Force (USPSTF) and Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices (ACIP) in order to qualify for a one percentage point increase in the federal Medicaid assistance percentage for preventative services. At a minimum, the study shall include the following:

(1)        Consideration of all of the adult preventive services recommended by USPSTF and ACIP.

(2)        Identification of the adult preventive services recommended by USPSTF and ACIP that are currently not provided as part of the Medicaid program and to which eligibility group the service coverage applies.

(3)        For the adult preventive services currently covered, whether any cost‑sharing is required.

(4)        The cost of adding any of the adult preventive services without cost‑sharing identified in subdivision (2) of this subsection.

(5)        The cost of the elimination of any cost‑sharing requirements identified in subdivision (3) of this subsection.

(6)        The benefit to the State of receiving a one percentage point increase in the federal Medicaid assistance percentage for the adult preventive services recommended by USPSTF and ACIP.

SECTION 12H.8.(b)  The Department shall study the adequacy of existing Medicaid rates paid for residential treatment services considering data collected in concert with residential treatment providers within the past two years and any other information available to the Department related to the following:

(1)        Current rates for the following services described in Subchapter G of Chapter 27 of Title 10A of the North Carolina Administrative Code:

a.         Residential treatment for children or adolescents provided in accordance with Section .1300 of that Subchapter.

b.         Residential treatment staff secure for children or adolescents provided in accordance with Section .1700 of that Subchapter.

c.         Intensive residential treatment for children or adolescents provided in accordance with Section .1800 of that Subchapter.

d.         Psychiatric residential treatment for children or adolescents provided in accordance with Section .1900 of that Subchapter.

e.         Community respite services for individuals of all disability groups provided in accordance with Section .5100 of that Subchapter.

f.          Supervised living for individuals of all disability groups provided in accordance with Section .5600 of that Subchapter.

(2)        Current rates for services delivered in a psychiatric residential treatment facility to children under the age of 21 and covered by Medicaid and NC Health Choice pursuant to Clinical Coverage Policy 8D‑1.

(3)        Current rates for services delivered in a residential treatment facility to children under the age of 21 and covered by Medicaid and NC Health Choice pursuant to Clinical Coverage Policy 8D‑2.

(4)        Current rates for services covered by Medicaid and NC Health Choice pursuant to Clinical Coverage Policy 8P that may be reimbursed when delivered in a residential treatment facility.

(5)        Current rates for other publicly funded services or programs that compliment residential treatment services including, at a minimum, the following:

a.         State‑County Special Assistance.

b.         Room and board for children, adolescent, and adult residential treatment services of all disability groups.

c.         Respite services for all disability groups.

d.         Therapeutic leave for all disability groups.

e.         State‑funded supports.

f.          Transportation.

(6)        The increase in cost to residential treatment programs as a result of recent changes to the home and community‑based services waiver requirements.

SECTION 12H.8.(c)  Should the Department, as a result of the study undertaken pursuant to subsection (a) of this section, adjust any rates, make any changes to services provided or cost‑sharing requirements, or submit any State Plan amendments or requests to the Centers for Medicare and Medicaid, the Department shall submit a report detailing the changes made to the Joint Legislative Oversight Committee on Medicaid and NC Health Choice and the Fiscal Research Division no later than 30 days after implementation of the changes.

 

STUDY MEDICAID COVERAGE FOR SCHOOL‑BASED HEALTH SERVICES

SECTION 12H.9.  The Department of Health and Human Services, Division of Medical Assistance (Department), shall conduct a study to identify all school‑based health services that are eligible for Medicaid federal matching funds pursuant to federal Medicaid law and regulations but which currently are not reimbursable under North Carolina's Medicaid State Plan. No later than November 1, 2016, the Department shall submit to the Joint Legislative Oversight Committee on Medicaid and NC Health Choice and the Fiscal Research Division a report containing the following information related to each school‑based health service identified:

(1)        An analysis of the fiscal impact both to the Department and to all local education agencies of adding Medicaid coverage for the school‑based health service.

(2)        A description of any plans for adding coverage for the school‑based health service, including the anticipated time line for submission of any State Plan Amendments to the Centers for Medicare and Medicaid Services.

 

STUDY INNOVATIONS WAIVER TO ADDRESS THE WAITLIST AND FEDERAL CHANGES

SECTION 12H.11.  The Joint Legislative Oversight Committee on Medicaid and NC Health Choice shall study policy issues pertaining to the delivery of services for people with intellectual and developmental disabilities. The study shall, at a minimum, include all of the following:

(1)        The causes and potential solutions for the growing waitlist for NC Innovations Waiver slots. Potential solutions to be studied include the following:

a.         Increasing the funding for the 1915(c) Innovations Waiver to result in more individuals served.

b.         Creating new support waiver slots as recommended in the March 2015 "Study Additional 1915(c) Waiver" report from the Department of Health and Human Services, Division of Medical Assistance, to the Joint Legislative Oversight Committee for Health and Human Services.

c.         Utilizing a 1915(i) waiver option and exploring how the 1115 waiver required for Medicaid transformation may assist in addressing current waitlist for services.

(2)        Issues surrounding single‑stream funding and how single‑stream funding is used to support services for people with intellectual and developmental disabilities.

(3)        Multiple federal mandates that will directly impact current services and supports for people with intellectual and developmental disabilities, including Home and Community‑Based Services changes, the Work Force Innovations and Opportunities Act, and changes under section 14(c) of the federal Fair Labor Standards Act.

(4)        The coverage of services for the treatment of autism, including any State Plan amendment needed to address guidance issued by the Centers for Medicare and Medicaid Services.

The Committee shall report its findings and any legislative proposals pertaining to services for individuals with intellectual and developmental disabilities to the 2017 General Assembly.

 

MEDICAID GRADUATE MEDICAL EDUCATION PAYMENTS

SECTION 12H.12.  It is the intent of the General Assembly to explore all possible funding options to maintain or expand reimbursement for Graduate Medical Education.

 

RATES PAID TO FEDERALLY QUALIFIED HEALTH CENTERS AND RURAL HEALTH CLINICS

SECTION 12H.13.  Effective July 1, 2016, and within existing funds, the Department of Health and Human Services, Division of Medical Assistance, shall adjust the rates for core services paid to Federally Qualified Health Centers and Rural Health Clinics to more appropriately reflect the costs of these services in accordance with federal statutes and guidance.

 

EVALUATE MEDICAID AND NC HEALTH CHOICE BEHAVIORAL HEALTH PROVIDER CLASSIFICATION

SECTION 12H.15.  The Department of Health and Human Services, Division of Medical Assistance (Department), in collaboration with statewide behavioral health stakeholders, shall evaluate the classification of agencies providing behavioral health services, other than Critical Access Behavioral Health Agencies (CABHAs), as high categorical risk provider types in accordance with G.S. 108C‑3(g)(2) and propose an evaluation tool to be used to classify the categorical risk of different categories of behavioral health agencies. The Department shall consider current federal and State law and include any recommended legislative changes. By December 1, 2016, the Department shall report its findings and recommendations to the Joint Legislative Oversight Committee on Medicaid and NC Health Choice.

 

COMPLETION OF PERFORMANCE AUDIT OF COUNTY DEPARTMENTS OF SOCIAL SERVICES' ADMINISTRATION OF MEDICAID PROGRAM

SECTION 12H.16.  Section 11.5(c) of S.L. 2015‑7 reads as rewritten:

"SECTION 11.5.(c)  The State Auditor shall submit a preliminary report on the performance audit required by this section to the Joint Legislative Oversight Committee on Health and Human Services and to the Fiscal Research Division by June 1, 2015, and shall complete the performance audit by February 1, 2016.December 31, 2016. The Department of Health and Human Services and county departments of social services shall give the State Auditor full access to all data necessary to complete the audit and the report."

 

MEDICAID ELIGIBILITY DETERMINATION TIMELINESS

SECTION 12H.17.(a)  The Department of Health and Human Services, Division of Medical Assistance (DHHS), shall submit a report annually for the 2015‑2016 and 2016‑2017 fiscal year to the Joint Legislative Oversight Committee on Medicaid and NC Health Choice, the Joint Legislative Oversight Committee on Health and Human Services, and the Fiscal Research Division containing the following information:

(1)        The annual statewide percentage of Medicaid applications processed in a timely manner for the fiscal year.

(2)        The statewide average number of days to process Medicaid applications for each month in the fiscal year.

(3)        The annual percentage of Medicaid applications processed in a timely manner by each county department of social services for the fiscal year.

(4)        The average number of days to process Medicaid applications for each month for each county department of social services.

(5)        The number of months during the fiscal year that each county department of social services met the timely processing standards in Part 10 of Article 2 of Chapter 108A of the General Statutes.

(6)        The number of months during the fiscal year that each county department of social services failed to meet the timely processing standards in Part 10 of Article 2 of Chapter 108A of the General Statutes.

(7)        A description of all corrective action activities conducted by DHHS and county departments of social services in accordance with G.S. 108A‑70.36.

(8)        A description of how DHHS plans to assist county departments of social services in meeting timely processing standards for Medicaid applications, for every county in which the performance metrics for processing Medicaid applications in a timely manner do not show significant improvement compared to the previous fiscal year.

The report for the 2015‑2016 fiscal year shall be submitted by November 1, 2016, and the report for the 2016‑2017 fiscal year shall be submitted by November 1, 2017.

SECTION 12H.17.(b)  Article 2 of Chapter 108A of the General Statutes is amended by adding a new Part to read:

"Part 10. Medicaid Eligibility Decision Processing Timeliness.

"§ 108A‑70.31.  Applicability.

If a federally recognized Native American tribe within the State has assumed responsibility for the Medicaid program pursuant to G.S. 108A‑25(e), then this Part applies to the tribe in the same manner as it applies to county departments of social services.

"§ 108A‑70.32.  Timely decision standards.

The county department of social services shall render a decision on an individual's application for Medicaid within 45 calendar days from the date of application, except for applications in which a disability determination has already been made or is needed. For those applications, the county department of social services shall render a decision on an individual's eligibility within 90 calendar days from the date of application.

"§ 108A‑70.33.  Timely processing standards.

(a)        The Department shall require counties to comply with timely processing standards. The timely processing standards are the average processing time standards and the percentage processed timely standards set forth in G.S. 108A‑70.34 and G.S. 108A‑70.35. The Department shall monitor county department of social services' compliance with these standards in accordance with this Part.

(b)        For purposes of this Part, processing time is the number of days between the date of application and the date of disposition of the application, except in cases where an eligibility determination is dependent upon receipt of information related to one or more of the following:

(1)        Medical expenses sufficient to meet a deductible.

(2)        The applicant's need for institutionalization.

(3)        The applicant's plan of care for the home‑ and community‑based waivers.

(4)        The disability decision made by the Disability Determination Services Section of the Division of Vocational Rehabilitation of the Department.

(5)        Medical records needed to determine emergency dates for nonqualified aliens.

(6)        The applicant's application or other information from the federally facilitated marketplace.

(7)        The applicant's application or other information in connection with an application for a Low Income Subsidy for Medicare prescription drug coverage.

In these cases, processing time shall exclude the number of days between the date when the county determines all eligibility criteria other than the criteria in subdivisions (1) through (7) of this subsection and the date when the county receives the information related to the criteria in subdivisions (1) through (7) of this subsection.

(c)        Processing times for the following types of cases shall be excluded from the calculation of the average processing time and percent processed timely:

(1)        Newborns who are automatically enrolled based on their mother's eligibility.

(2)        Applications for individuals who are presumptively eligible for Medicaid.

(3)        Active cases in which an individual who is eligible for one program is transferred to another program, regardless of whether the transfer occurs between allowable or nonallowable program categories.

(4)        Cases in which an individual transfers from an open case to another case, including establishing a new administrative case for the individual.

(5)        Actions to post eligibility to a terminated or denied case within one year of the termination or denial.

(6)        Cases that are reopened because they were terminated in error or because reopening of the terminated case is allowed by policy.

(7)        Cases in which the eligibility decision was appealed and the decision was reversed or remanded.

(d)       The Department may, in its discretion, exclude days, other than those required by subsection (b) of this section, from the calculation of processing time under this section if the Department determines that the delay was caused by circumstances outside the control of county departments of social services. The Department also may, in its discretion, exclude types of cases, other than those described in subsection (c) of this section, from the calculation of processing time. When the Department exercises its discretion pursuant to this subsection, the Department's determination regarding circumstances outside the control of county departments of social services and the Department's decision to exclude types of cases shall be applied uniformly to all county departments of social services.

"§ 108A‑70.34.  Average processing time standards.

(a)        Average processing time is calculated by finding the processing time for each case that received a disposition during a given month and finding the average of those processing times.

(b)        The standard for average processing time is 90 days for cases in which the individual has applied for the Medicaid Aid to the Disabled category (M‑AD) and 45 days for all other cases.

"§ 108A‑70.35.  Percentage processed timely standards.

(a)        Percentage processed timely is the percentage of cases that received a timely disposition in a given month. The percentage processed timely is calculated by expressing the number of cases during a given month with a processing time equal to or less than the standard set in G.S. 108A‑70.32 as a percentage of the total cases receiving a disposition during that month. When the deadline for meeting the timely decision standard in G.S. 108A‑70.32 falls on a weekend or holiday, an application that receives a disposition on the first workday following the deadline shall be considered timely for purposes of calculating the percentage processed timely.

(b)        The Department is authorized to adopt rules to establish a percentage standard for each county department of social services that will be the percentage processed timely standard for that county department of social services. Until the Department adopts rules establishing percentage standards for each county, the percentage processed timely standards are those established in 10A NCAC 23C .0203 as of April 2016.

"§ 108A‑70.36.  Corrective action.

(a)        If for any three consecutive months or for any five months out of a period of 12 consecutive months a county department of social services fails to meet either the average processing time standard or the percentage processed timely standard or both standards, the Department and the county department of social services shall enter into a joint corrective action plan to improve the timely processing of applications.

(b)        A joint corrective action plan entered into pursuant to this section shall specifically identify the following components:

(1)        The duration of the joint corrective action plan, not to exceed 12 months. If a county department of social services shows measurable progress in meeting the performance requirements in the joint corrective action plan, then the duration of the joint corrective action plan may be extended by six months, but in no case shall a joint corrective action plan exceed 18 months.

(2)        A plan for improving timely processing of applications that specifically describes the actions to be taken by the county department of social services and the Department.

(3)        The performance requirements for the county department of social services that constitute successful completion of the joint corrective action plan.

(4)        Acknowledgement that failure to successfully complete the joint corrective action plan will result in temporary assumption of Medicaid eligibility administration by the Department, in accordance with G.S. 108A‑70.37.

"§ 108A‑70.37.  Temporary assumption of Medicaid eligibility administration.

(a)        If a county department of social services fails to successfully complete its joint corrective action plan, the Department shall give the county department of social services, the county manager, and the board of social services or the consolidated human services board created pursuant to G.S. 153A‑77(b) at least 90 days' notice that the Department intends to temporarily assume Medicaid eligibility administration, in accordance with subsection (b) of this section. The notice shall include the following information:

(1)        The date on which the Department intends to temporarily assume administration of Medicaid eligibility decisions.

(2)        The performance requirements in the joint corrective action plan that the county department of social services failed to meet.

(3)        Notice of the county department of social services' right to appeal the decision to the Office of Administrative Hearings, pursuant to Article 3 of Chapter 150B of the General Statutes.

(b)        Notwithstanding any provision of law to the contrary, if a county department of social services fails to successfully complete its joint corrective action plan, the Department shall temporarily assume Medicaid eligibility administration for the county upon giving notice as required by subsection (a) of this section. During a period of temporary assumption of Medicaid eligibility administration, the following shall occur:

(1)        The Department shall administer the Medicaid eligibility function in the county. Administration by the Department may include direct operation by the Department, including supervision of county Medicaid eligibility workers, or contracts for operation to the extent permitted by federal law and regulations.

(2)        The county department of social services is divested of Medicaid administration authority.

(3)        The Department shall direct and oversee the expenditure of all funding for the administration of Medicaid eligibility in the county.

(4)        The county shall continue to pay the nonfederal share of the cost of Medicaid eligibility administration and shall not withdraw funds previously obligated or appropriated for Medicaid eligibility administration.

(5)        The county shall pay the nonfederal share of additional costs incurred to ensure compliance with the timely processing standards required by this Part.

(6)        The Department shall work with the county department of social services to develop a plan for the county department of social services to resume Medicaid eligibility administration and perform Medicaid eligibility determinations in a timely manner.

(7)        The Department shall inform the county board of commissioners, the county manager, the county director of social services, and the board of social services or the consolidated human services board created pursuant to G.S. 153A‑77(b) of key activities and any ongoing concerns during the temporary assumption of Medicaid eligibility administration.

(c)        Upon the Department's determination that Medicaid eligibility determinations can be performed in a timely manner based on the standards set forth in G.S. 108A‑70.34 and G.S. 108A‑70.35 by the county department of social services, the Department shall notify the county department of social services, the county manager, and the board of social services or the consolidated human services board created pursuant to G.S. 153A‑77(b) that temporary assumption of Medicaid eligibility administration will be terminated and the effective date of termination. Upon termination, the county department of social services resumes its full authority to administer Medicaid eligibility determinations."

SECTION 12H.17.(c)  G.S. 150B‑23 is amended by adding a new subsection to read:

"(a5)    A county that appeals a decision of the Department of Health and Human Services to temporarily assume Medicaid eligibility administration in accordance with G.S. 108A‑70.37 may commence a contested case under this Article in the same manner as any other petitioner. The case shall be conducted in the same manner as other contested cases under this Article."

SECTION 12H.17.(d)  The corrective action procedures described in this section supersede the corrective action procedures in 10A NCAC 23C .0204 and 10A NCAC 23C .0205 related to timeliness processing of Medicaid applications by county departments of social services.

SECTION 12H.17.(e)  The Department of Health and Human Services may adopt and amend rules to implement subsections (b) through (d) of this section.

SECTION 12H.17.(f)  Subsections (b) through (d) of this section become effective January 1, 2017, and apply to monthly timely processing standards beginning on that date. The remainder of this section becomes effective July 1, 2016.

 

CRITICAL MEDICAID POSITIONS

SECTION 12H.18.  Of the funds appropriated to the Department of Health and Human Services, Division of Medical Assistance, the sum of one million one hundred fifty thousand dollars ($1,150,000) shall be transferred to the Division of Health Benefits to be used to fund critical positions in that Division.

 

SUBPART XII‑I. Miscellaneous

 

STUDY ESTABLISHMENT OF OPTOMETRY SCHOOL AT WINGATE UNIVERSITY

SECTION 12I.1.(a)  Wingate University is encouraged to examine and report on or before May 1, 2017, to the House Appropriations Committee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, the Joint Legislative Oversight Committee on Health and Human Services, and the Fiscal Research Division on the feasibility of establishing an affiliated school of optometry in North Carolina. The report should include at least all of the following:

(1)        A breakdown of any projected capital, operational, or other expenditures necessary for establishing and operating an affiliated school of optometry.

(2)        A breakdown of all funds available to assist the university with these expenses.

(3)        A projected number of applicants for the affiliated school of optometry.

(4)        A projection of how a State appropriation in the amount of eight hundred thousand dollars ($800,000) would impact tuition reimbursement for students.

SECTION 12I.1.(b)  This section is effective when it becomes law.

 

SUBPART XII‑J. Division of Vocational Rehabilitation, services for the Blind, and services for the Deaf and Hard of hearing

 

DATA COLLECTION AND SERVICE MANAGEMENT INFORMATION SYSTEM

SECTION 12J.1.  The Department of Health and Human Services shall develop and implement a Data Collection and Service Management Information System to replace the current system in use by the Division of Services for the Deaf and Hard of Hearing. The project shall not proceed until the business case has been approved by the Office of State Budget and Management and the State Chief Information Officer in the Enterprise Project Management Office's Touchdown System. Upon approval, funds available in Budget Code 67425, Fund Code 6726, may be budgeted for transfer to Budget Code 24410 for information technology projects in an amount not to exceed seven hundred fifty thousand dollars ($750,000).

 

Clarifying Changes/Telecommunications Relay Service

SECTION 12J.2.  G.S. 62‑157 reads as rewritten:

"§ 62‑157.  Telecommunications relay service.

...

(a1)      Definitions. – For purposes of this section:

...

(4)        "Exchange access facility" means the access a connection from a particular telephone subscriber's premises to the telephone system of a local exchange telephone company, service provider, and includes local exchange company‑provided local access lines, private branch exchange trunks, and centrex network access registers, all as defined by tariffs of telephone companies as approved by the Commission.registers.

...

(d)       Funds to Be Deposited in Special Account. – The local service providers shall collect the surcharge from their customers and deposit the moneys collected with the State Treasurer, who shall maintain the funds in an interest‑bearing, nonreverting account. After consulting with the State Treasurer, the Commission shall direct how and when the local service providers shall deposit these moneys. Revenues from this fund shall be available only to the Department of Health and Human Services to administer the statewide telecommunications relay service program, including its establishment, operation, and promotion. The Commission may allow the Department of Health and Human Services to use use, over a rolling 12‑month period, up to four cents (4¢) per exchange access line per month facility of the surcharge for the purpose of providing telecommunications devices for hearing impaired or speech impaired persons, including those who also have vision impairment, through a distribution program. The Commission shall prepare such guidelines for the distribution program as it deems appropriate and in the public interest. Both the Commission and the Public Staff may audit all aspects of the telecommunications relay service program, including the distribution programs, as they do with any public utility subject to the provisions of this Chapter. Equipment paid for with surcharge revenues, as allowed by the Commission, may be distributed only by the Department of Health and Human Services.

...."

 

SUBPART XII‑K. DHHS  Block Grants

 

DHHS BLOCK GRANTS

SECTION 12K.1.  Section 12I.1 of S.L. 2015‑241, as amended by Section 4.6 of S.L. 2015‑268, reads as rewritten:

"DHHS BLOCK GRANTS

"SECTION 12I.1.(a)  Except as otherwise provided, appropriations from federal block grant funds are made for each year of the fiscal biennium ending June 30, 2017, according to the following schedule:

 

TEMPORARY ASSISTANCE FOR NEEDY               FY 2015‑2016              FY 2016‑2017

FAMILIES (TANF) FUNDS

 

Local Program Expenditures

 

      Division of Social Services

 

      01. Work First Family Assistance                             $57,167,454        $57,167,454$54,167,454

 

      02. Work First County Block Grants                          80,093,566            78,073,43780,093,566

 

      03. Work First Electing Counties                                 2,378,213                                2,378,213

 

      04. Adoption Services – Special Children

      Adoption Fund                                                             2,026,877                                2,026,877

 

      05. Child Protective Services – Child Welfare

      Workers for Local DSS                                                9,412,391                                9,412,391

 

      06. Child Welfare Collaborative                                      632,416                                   632,416

 

      06A. Child Welfare Initiatives                                                   0                                1,400,000

 

Division of Child Development and Early Education

 

      07. Subsidized Child Care Program                           35,248,910            37,419,80135,248,910

 

      08. Swap Child Care Subsidy                                       6,352,644                                6,352,644

 

      08A. Additional One‑Time Swap/Child Care Subsidy              0                                3,600,000

 

      09. Pre‑K Swap Out                                                   16,829,306            12,333,98118,764,790

 

Division of Public Health

 

      10. Teen Pregnancy Prevention Initiatives                   2,950,000                                2,950,000

 

DHHS Administration

 

      11. Division of Social Services                                     2,482,260                                2,482,260

 

      12. Office of the Secretary                                                34,042                                     34,042

 

      13. Eligibility Systems – Operations and

      Maintenance                                                                  2,738,926                                4,206,640

 

      14. NC FAST Implementation                                     1,313,384                                1,865,799

 

Transfers to Other Block Grants

 

Division of Child Development and Early Education

 

      15. Transfer to the Child Care and

      Development Fund                                                     71,773,001                              71,773,001

 

Division of Social Services

 

      16. Transfer to Social Services Block

      Grant for Child Protective Services –

      Training                                                                         1,300,000                                1,300,000

 

      17. Transfer to Social Services Block

      Grant for Child Protective Services                              5,040,000                                5,040,000

 

      18. Transfer to Social Services Block

      Grant for County Departments of

      Social Services for Children's Services                         4,148,001                4,148,0014,500,000

 

      19. Transfer to Social Services Block

      Grant – Foster Care Services                                        1,385,152                                1,385,152

 

TOTAL TEMPORARY ASSISTANCE FOR

NEEDY FAMILIES (TANF) FUNDS                     $303,306,543    $300,982,109$309,614,155

 

TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)

EMERGENCY CONTINGENCY FUNDS

 

Local Program Expenditures

 

Division of Child Development and Early Education

 

      01. Subsidized Child Care                                          29,033,340                              28,600,000

 

      02. Subsidized Child Care Swap Out                           4,547,023                                              0

 

Division of Social Services

 

      03. County Child Welfare Program

            Improvement Resources                                                       0                                   603,580

 

DHHS Administration

 

      04. DSS State Child Welfare Program

            Improvement Resources                                                       0                                   400,000

 

TOTAL TEMPORARY ASSISTANCE FOR

NEEDY FAMILIES (TANF) EMERGENCY

CONTINGENCY FUNDS                                          $33,580,363        $28,600,000$29,603,580

 

SOCIAL SERVICES BLOCK GRANT

 

Local Program Expenditures

 

Divisions of Social Services and Aging and Adult Services

 

      01. County Departments of Social Services

            (Transfer From TANF $4,148,001)                    $27,335,458        $27,108,324$27,215,583

 

      01A. EBCI Tribal Public Health and

            Human Services                                                                    0                                   244,740

 

      02. Child Protective Services

            (Transfer From TANF)                                           5,040,000                                5,040,000

 

      03. State In‑Home Services Fund                                 2,209,023                                1,943,950

 

      04. Adult Protective Services                                       1,245,363                                1,245,363

 

      05. State Adult Day Care Fund                                    2,039,647                                1,994,084

 

      06. Child Protective Services/CPS

            Investigative Services – Child Medical

            Evaluation Program                                                   563,868                                   563,868

 

      07. Special Children Adoption Incentive Fund               462,600                                   462,600

 

      08. Child Protective Services – Child

            Welfare Training for Counties

            (Transfer From TANF)                                           1,300,000                                1,300,000

 

      08A. Child Protective Services – Child

            Welfare Training for Counties/Mobile Training                    0                                   737,067

 

      09. Home and Community Care Block

            Grant (HCCBG)                                                     1,788,157                                1,696,888

 

      10. Child Advocacy Centers                                           375,000                                   375,000

 

      11. Guardianship                                                           4,107,032                                4,035,704

 

      12. Foster Care Services

            (Transfer From TANF)                                           1,385,152                                1,385,152

 

Division of Central Management and Support

 

      13. DHHS Competitive Block Grants

            for Nonprofits                                                         3,852,500                                3,852,500

 

      14. NC FAST – Operations and

            Maintenance                                                               712,324                                   939,315

 

Division of Mental Health, Developmental Disabilities, and Substance Abuse Services

 

      15. Mental Health Services – Adult and

            Child/Developmental Disabilities Program/

            Substance Abuse Services – Adult                         4,030,730                                4,030,730

 

DHHS Program Expenditures

 

Division of Services for the Blind

 

      16. Independent Living Program                                  3,361,323                                3,361,323

 

Division of Health Service Regulation

 

      17. Adult Care Licensure Program                                  381,087                                   381,087

 

      18. Mental Health Licensure and

            Certification Program                                                190,284                                   190,284

 

DHHS Administration

 

      19. Division of Aging and Adult Services                      577,745                                   577,745

 

      20. Division of Social Services                                        559,109                                   559,109

 

      21. Office of the Secretary/Controller's Office               127,731                                   127,731

 

      22. Division of Child Development and

            Early Education                                                           13,878                                     13,878

 

      23. Division of Mental Health, Developmental

            Disabilities, and Substance Abuse Services                 27,446                                     27,446

 

      24. Division of Health Service Regulation                      118,946                                   118,946

 

TOTAL SOCIAL SERVICES BLOCK GRANT    $61,804,403        $61,331,027$62,420,093

 

LOW‑INCOME ENERGY ASSISTANCE BLOCK GRANT

 

Local Program Expenditures

 

Division of Social Services

 

      01. Low‑Income Energy Assistance

            Program (LIEAP)                                               $40,244,534          $39,303,67437,156,492

 

      02. Crisis Intervention Program (CIP)                        40,244,534            39,303,67437,156,492

 

Local Administration

 

Division of Social Services

 

      03. County DSS Administration                                  6,454,961                6,454,9616,102,324

 

DHHS Administration

 

      04. Office of the Secretary/DIRM                                  412,488                                   412,488

 

      05. Office of the Secretary/Controller's Office                 18,378                                     18,378

 

      06. NC FAST Development                                         1,075,319                                3,381,373

 

Transfers to Other State Agencies

 

Department of Environment and Natural Resources (DENR)Environmental Quality (DEQ)

 

      07. Weatherization Program                                       11,847,017            11,570,05010,937,968

 

      08. Heating Air Repair and Replacement

            Program (HARRP)                                                 6,303,514                6,156,1475,819,833

 

      09. Local Residential Energy Efficiency Service

            Providers – Weatherization                                        475,046                      475,046449,094

 

      10. Local Residential Energy Efficiency Service

            Providers – HARRP                                                  252,761                      252,761238,953

 

      11. DENR DEQ – Weatherization Administration         475,046                      475,046449,094

 

      12. DENR DEQ – HARRP Administration                   252,760                      252,760238,952

 

Department of Administration

 

      13. N.C. Commission on Indian Affairs                            87,736                                     87,736

 

TOTAL LOW‑INCOME ENERGY

      ASSISTANCE BLOCK GRANT                       $108,144,094    $108,144,094$102,449,177

 

CHILD CARE AND DEVELOPMENT FUND BLOCK GRANT

 

Local Program Expenditures

 

Division of Child Development and Early Education

 

      01. Child Care Services

            (Smart Start $7,000,000)                                  $154,278,008    $152,370,856$157,563,457

 

      02. Electronic Tracking System                                    1,201,240                   401,4921,601,834

 

      03. Transfer from TANF Block Grant

            for Child Care Subsidies                                       71,773,001                              71,773,001

 

      04. Quality and Availability Initiatives

            (TEACH Program $3,800,000)                             26,514,964            26,019,98735,878,600

 

DHHS Administration

 

Division of Child Development and Early Education

 

      05. DCDEE Administrative Expenses                         9,049,505                9,049,5059,042,159

 

Division of Social Services

 

      06. Local Subsidized Child Care

            Services Support                                                   15,930,279            15,930,27916,178,301

 

      06A. Direct Deposit for Child Care Payments                           0                                   969,610

 

      07. NC FAST Development                                            186,404                                   586,152

 

Division of Central Administration

 

      08. DHHS Central Administration – DIRM

            Technical Services                                                      775,000                                   775,000

 

      09. Central Regional Maintenance                                   202,000                                   202,000

 

      09A. DHHS Central Administration                                          0                                       7,346

 

      10. Child Care Health Consultation Contracts                  62,205                                     62,205

 

TOTAL CHILD CARE AND DEVELOPMENT

      FUND BLOCK GRANT                                     $279,972,606    $277,170,477$294,639,665

 

MENTAL HEALTH SERVICES BLOCK GRANT

 

Local Program Expenditures

 

      01. Mental Health Services – Child                            $3,619,833                              $3,619,833

 

      02. Administration                                                           200,000                                   200,000

 

      03. Mental Health Services – Adult/Child                 11,755,152            11,755,15210,904,077

 

      04. Crisis Solutions Initiative – Critical

            Time Intervention                                                      750,000                                   750,000

 

      05. Mental Health Services – First

            Psychotic Symptom Treatment                                  643,491                   643,4911,430,851

 

DHHS Administration

 

Division of Mental Health

 

      06. Administration                                                           200,000                                   200,000

 

TOTAL MENTAL HEALTH SERVICES

      BLOCK GRANT                                                   $16,968,476        $16,968,476$16,904,761

 

SUBSTANCE ABUSE PREVENTION AND TREATMENT BLOCK GRANT

 

Local Program Expenditures

 

Division of Mental Health, Developmental Disabilities, and Substance Abuse Services

 

      01. Substance Abuse – HIV and IV Drug                 $3,919,723                              $3,919,723

 

      02. Substance Abuse Prevention                                  8,669,284                                8,669,284

 

      03. Substance Abuse Services – Treatment for

            Children/Adults (Medication‑Assisted Opioid Use

            Disorder Treatment Pilot $500,000; First Step Farm

            of WNC, Inc. $100,000)                                       29,519,883            29,519,88330,028,039

 

      04. Crisis Solutions Initiatives – Walk‑In

            Crisis Centers                                                             420,000                                   420,000

 

      05. Crisis Solutions Initiatives – Collegiate

            Wellness/Addiction Recovery                                1,085,000                                1,085,000

 

      06. Crisis Solutions Initiatives – Community

            Paramedic Mobile Crisis Management                        60,000                                     60,000

 

      07. Crisis Solutions Initiatives – Innovative

            Technologies                                                                41,000                                     41,000

 

      08. Crisis Solutions Initiatives – Veteran's Crisis            250,000                                   250,000

 

DHHS Administration

 

Division of Mental Health, Developmental

      Disabilities, and Substance Abuse Services

 

      09. DMH Administration                                                454,000                                   454,000

 

      09A. Controlled Substance Reporting

            System Enhancement                                                            0                                   150,000

 

Division of Public Health

 

      10. HIV Testing for Individuals in Substance

            Abuse Treatment                                                        765,949                                   765,949

 

TOTAL SUBSTANCE ABUSE PREVENTION

      AND TREATMENT BLOCK GRANT              $45,184,839        $45,184,839$45,842,995

 

MATERNAL AND CHILD HEALTH BLOCK GRANT

 

Local Program Expenditures

 

Division of Public Health

 

      01. Children's Health Services

            (Safe Sleep Campaign

            $45,000; Prevent Blindness $560,837;

            Community‑Based

            Sickle Cell Centers $100,000)                              $7,574,703            $7,574,703$7,674,703

 

      02. Women's Health

            (March of Dimes $350,000; Teen Pregnancy

            Prevention Initiatives $650,000;

            17P Project $52,000; Nurse‑Family

            Partnership $509,018; Carolina Pregnancy

            Care Fellowship $300,000)                                     6,520,148                6,520,1486,920,148

 

      03. Oral Health                                                                  44,901                                     44,901

 

      04. Evidence‑Based Programs in Counties

            With Highest Infant Mortality Rates                      1,575,000                                1,575,000

 

DHHS Program Expenditures

 

Division of Public Health

 

      05. Children's Health Services                                      1,342,928                1,342,9281,427,323

 

      06. Women's Health – Maternal Health                           107,714                      107,714169,864

 

      07. State Center for Health Statistics                              158,583                                   158,583

 

      08. Health Promotion – Injury and

            Violence Prevention                                                     87,271                                     87,271

 

DHHS Administration

 

Division of Public Health

 

      09. Division of Public Health Administration                 552,571                                   552,571

 

TOTAL MATERNAL AND CHILD

      HEALTH BLOCK GRANT                                 $17,963,819        $17,963,819$18,610,364

 

PREVENTIVE HEALTH SERVICES BLOCK GRANT

 

Local Program Expenditures

 

      01. Physical Activity and Prevention                         $2,444,718                              $2,642,322

 

      02. Injury and Violence Prevention

            (Services to Rape Victims – Set‑Aside)                    173,476                      173,476237,707

 

      03. Community‑Focused Eliminating Health

            Disparities Initiative Grants                                    2,756,855                                              0

 

DHHS Program Expenditures

 

Division of Public Health

 

      04. HIV/STD Prevention and

            Community Planning                                                 145,819                                   145,819

 

      05. Oral Health Preventive Services                                320,074                                   451,809

 

      06. Laboratory Services – Testing,

            Training, and Consultation                                          21,012                                     21,012

 

      07. Injury and Violence Prevention

            (Services to Rape Victims – Set‑Aside)                    192,315                      192,315172,561

 

      08. State Laboratory Services – Testing,

            Training, and Consultation                                        199,634                                   199,634

 

      09. Performance Improvement and

            Accountability                                                           702,850                                   768,717

 

      10. State Center for Health Statistics                              107,291                                   107,291

 

DHHS Administration

 

Division of Public Health

 

      11. Division of Public Health                                          172,820                                   172,820

 

      12. Division of Public Health –

            Physical Activity and Nutrition Branch                 1,311,972                                     68,073

 

TOTAL PREVENTIVE HEALTH

SERVICES BLOCK GRANT                                      $8,548,836            $4,943,288$4,987,765

 

COMMUNITY SERVICES BLOCK GRANT

 

Local Program Expenditures

 

Office of Economic Opportunity

 

      01. Community Action Agencies                             $24,047,065        $24,047,065$21,428,074

 

      02. Limited Purpose Agencies                                      1,335,948                1,335,9481,190,448

 

DHHS Administration

 

      03. Office of Economic Opportunity                           1,335,948                1,335,9481,190,448

 

TOTAL COMMUNITY SERVICES

      BLOCK GRANT                                                   $26,718,961        $26,718,961$23,808,970

 

"GENERAL PROVISIONS

"SECTION 12I.1.(b)  Information to Be Included in Block Grant Plans. – The Department of Health and Human Services shall submit a separate plan for each Block Grant received and administered by the Department, and each plan shall include the following:

(1)        A delineation of the proposed allocations by program or activity, including State and federal match requirements.

(2)        A delineation of the proposed State and local administrative expenditures.

(3)        An identification of all new positions to be established through the Block Grant, including permanent, temporary, and time‑limited positions.

(4)        A comparison of the proposed allocations by program or activity with two prior years' program and activity budgets and two prior years' actual program or activity expenditures.

(5)        A projection of current year expenditures by program or activity.

(6)        A projection of federal Block Grant funds available, including unspent federal funds from the current and prior fiscal years.

"SECTION 12I.1.(c)  Changes in Federal Fund Availability. – If the Congress of the United States increases the federal fund availability for any of the Block Grants or contingency funds and other grants related to existing Block Grants administered by the Department of Health and Human Services from the amounts appropriated in this section, the Department shall allocate the increase proportionally across the program and activity appropriations identified for that Block Grant in this section. In allocating an increase in federal fund availability, the Office of State Budget and Management shall not approve funding for new programs or activities not appropriated in this section.

If the Congress of the United States decreases the federal fund availability for any of the Block Grants or contingency funds and other grants related to existing Block Grants administered by the Department of Health and Human Services from the amounts appropriated in this section, the Department shall develop a plan to adjust the Block Grants based on reduced federal funding.

Notwithstanding the provisions of this subsection, for fiscal years 2015‑2016 and 2016‑2017, increases in the federal fund availability for the Temporary Assistance to Needy Families (TANF) Block Grant shall be used only for the North Carolina Child Care Subsidy program to pay for child care in four‑ or five‑star‑rated facilities for four‑year‑old children and shall not be used to supplant State funds.

Prior to allocating the change in federal fund availability, the proposed allocation must be approved by the Office of State Budget and Management. If the Department adjusts the allocation of any Block Grant due to changes in federal fund availability, then a report shall be made to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division.

"SECTION 12I.1.(d)  Except as otherwise provided, appropriations from federal Block Grant funds are made for each year of the fiscal biennium ending June 30, 2017, according to the schedule enacted for State fiscal years 2015‑2016 and 2016‑2017 or until a new schedule is enacted by the General Assembly.

"SECTION 12I.1.(e)  All changes to the budgeted allocations to the Block Grants or contingency funds and other grants related to existing Block Grants administered by the Department of Health and Human Services that are not specifically addressed in this section shall be approved by the Office of State Budget and Management, and the Office of State Budget and Management shall consult with the Joint Legislative Oversight Committee on Health and Human Services for review prior to implementing the changes. The report shall include an itemized listing of affected programs, including associated changes in budgeted allocations. All changes to the budgeted allocations to the Block Grants shall be reported immediately to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division. This subsection does not apply to Block Grant changes caused by legislative salary increases and benefit adjustments.

"SECTION 12I.1.(f)  Except as otherwise provided, the Department of Health and Human Services shall have flexibility to transfer funding between the Temporary Assistance for Needy Families (TANF) Block Grant and the TANF Emergency Contingency Funds Block Grant so long as the total allocation for the line items within those block grants remains the same.

 

"TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) FUNDS

"SECTION 12I.1.(g)  The sum of eighty million ninety‑three thousand five hundred sixty‑six dollars ($80,093,566) for the 2015‑2016 fiscal year and the sum of seventy‑eight million seventy‑three thousand four hundred thirty‑seven dollars ($78,073,437) eighty million ninety‑three thousand five hundred sixty‑six dollars ($80,093,566) for the 2016‑2017 fiscal year appropriated in this section in TANF funds to the Department of Health and Human Services, Division of Social Services, shall be used for Work First County Block Grants. The Division shall certify these funds in the appropriate State‑level services based on prior year actual expenditures. The Division has the authority to realign the authorized budget for these funds among the State‑level services based on current year actual expenditures. The Division shall also have the authority to realign appropriated funds from Work First Family Assistance for electing counties to the Work First County Block Grant for electing counties based on current year expenditures so long as the electing counties meet Maintenance of Effort requirements.

"SECTION 12I.1.(h)  The sum of nine million four hundred twelve thousand three hundred ninety‑one dollars ($9,412,391) appropriated in this section to the Department of Health and Human Services, Division of Social Services, in TANF funds for each year of the 2015‑2017 fiscal biennium 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.

Counties shall maintain their level of expenditures in local funds for Child Protective Services workers. Of the Block Grant funds appropriated for Child Protective Services workers, the total expenditures from State and local funds for fiscal years 2015‑2016 and 2016‑2017 shall not be less than the total expended from State and local funds for the 2012‑2013 fiscal year.

"SECTION 12I.1.(i)  The sum of two million twenty‑six thousand eight hundred seventy‑seven dollars ($2,026,877) appropriated in this section in TANF funds to the Department of Health and Human Services, Special Children Adoption Fund, for each year of the 2015‑2017 fiscal biennium shall be used in accordance with G.S. 108A‑50.2. 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 12I.1.(i1)  The sum of one million four hundred thousand dollars ($1,400,000) appropriated in this section in TANF funds to the Department of Health and Human Services, Division of Social Services, for the 2016‑2017 fiscal year shall be used for child welfare initiatives to (i) enhance the skills of social workers to improve the outcomes for families and children involved in child welfare and (ii) enhance the provision of services to families in their homes in the least restrictive setting.

 

"SOCIAL SERVICES BLOCK GRANT

"SECTION 12I.1.(j)  The sum of twenty‑seven million three hundred thirty‑five thousand four hundred fifty‑eight dollars ($27,335,458) for the 2015‑2016 fiscal year and the sum of twenty‑seven million one hundred eight thousand three hundred twenty‑four dollars ($27,108,324) twenty‑seven million two hundred fifteen thousand five hundred eighty‑three dollars ($27,215,583) for the 2016‑2017 fiscal year appropriated in this section in the Social Services Block Grant to the Department of Health and Human Services, Division of Social Services, shall be used for county block grants. The Division shall certify these funds in the appropriate State‑level services based on prior year actual expenditures. The Division has the authority to realign the authorized budget for these funds, as well as State Social Services Block Grant funds, among the State‑level services based on current year actual expenditures.

"SECTION 12I.1.(k)  The sum of one million three hundred thousand dollars ($1,300,000) appropriated in this section in the Social Services Block Grant to the Department of Health and Human Services, Division of Social Services, for each year of the 2015‑2017 fiscal biennium shall be used to support various child welfare training projects as follows:

(1)        Provide a regional training center in southeastern North Carolina.

(2)        Provide training for residential child caring facilities.

(3)        Provide for various other child welfare training initiatives.

"SECTION 12I.1.(l)  The Department of Health and Human Services is authorized, subject to the approval of the Office of State Budget and Management, to transfer Social Services Block Grant funding allocated for departmental administration between divisions that have received administrative allocations from the Social Services Block Grant.

"SECTION 12I.1.(m)  Social Services Block Grant funds appropriated for the Special Children Adoption Incentive Fund will require a fifty‑percent (50%) local match.

"SECTION 12I.1.(n)  The sum of five million forty thousand dollars ($5,040,000) appropriated in this section in the Social Services Block Grant for each year of the 2015‑2017 fiscal biennium shall be allocated to the Department of Health and Human Services, Division of Social Services. The Division shall allocate these funds to local departments of social services to replace the loss of Child Protective Services State funds that are currently used by county governments to pay for Child Protective Services staff at the local level. These funds shall be used to maintain the number of Child Protective Services workers throughout the State. These Social Services Block Grant funds shall be used to pay for salaries and related expenses only and are exempt from 10A NCAC 71R .0201(3) requiring a local match of twenty‑five percent (25%).

"SECTION 12I.1.(o)  The sum of three million eight hundred fifty‑two thousand five hundred dollars ($3,852,500) appropriated in this section in the Social Services Block Grant to the Department of Health and Human Services, Division of Central Management and Support, shall be used for DHHS competitive block grants pursuant to Section 12A.8 of this act for each year of the 2015‑2017 fiscal biennium. These funds are exempt from the provisions of 10A NCAC 71R .0201(3).

"SECTION 12I.1.(p)  The sum of three hundred seventy‑five thousand dollars ($375,000) appropriated in this section in the Social Services Block Grant for each year of the 2015‑2017 fiscal biennium to the Department of Health and Human Services, Division of Social Services, shall be used to continue support for the Child Advocacy Centers, and the funds are exempt from the provisions of 10A NCAC 71R .0201(3).

"SECTION 12I.1.(q)  The sum of four million one hundred seven thousand thirty‑two dollars ($4,107,032) for the 2015‑2016 fiscal year and the sum of four million thirty‑five thousand seven hundred four dollars ($4,035,704) for the 2016‑2017 fiscal year appropriated in this section in the Social Services Block Grant to the Department of Health and Human Services, Divisions of Social Services and Aging and Adult Services, shall be used for guardianship services pursuant to Chapter 35A of the General Statutes. The Department may expend funds appropriated in this section to support (i) existing corporate guardianship contracts during the 2015‑2016 and 2016‑2017 fiscal years and (ii) guardianship contracts transferred to the State from local management entities or managed care organizations during the 2015‑2016 and 2016‑2017 fiscal years.

"SECTION 12I.1.(q1)  The sum of seven hundred thirty‑seven thousand sixty‑seven dollars ($737,067) appropriated in this section in the Social Services Block Grant for the 2016‑2017 fiscal year shall be allocated to the Department of Health and Human Services, Division of Social Services. These funds shall be used to assist with training needs for county child welfare training staff and shall not be used to supplant any other source of funding for staff. County departments of social services are exempt from 10A NCAC 71R .0201(3) requiring a local match of twenty‑five percent (25%).

 

"LOW‑INCOME ENERGY ASSISTANCE BLOCK GRANT

"SECTION 12I.1.(r)  Additional emergency contingency funds received may be allocated for Energy Assistance Payments or Crisis Intervention Payments without prior consultation with the Joint Legislative Oversight Committee on Health and Human Services. Additional funds received shall be reported to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division upon notification of the award. The Department of Health and Human Services shall not allocate funds for any activities, including increasing administration, other than assistance payments, without prior consultation with the Joint Legislative Oversight Committee on Health and Human Services.

"SECTION 12I.1.(s)  The sum of forty million two hundred forty‑four thousand five hundred thirty‑four dollars ($40,244,534) for the 2015‑2016 fiscal year and the sum of thirty‑nine million three hundred three thousand six hundred seventy‑four dollars ($39,303,674) thirty‑seven million one hundred fifty‑six thousand four hundred ninety‑two dollars ($37,156,492) for the 2016‑2017 fiscal year appropriated in this section in the Low‑Income Energy Assistance Block Grant to the Department of Health and Human Services, Division of Social Services, shall be used for Energy Assistance Payments for the households of (i) elderly persons age 60 and above with income up to one hundred thirty percent (130%) of the federal poverty level and (ii) disabled persons eligible for services funded through the Division of Aging and Adult Services.

County departments of social services shall submit to the Division of Social Services an outreach plan for targeting households with 60‑year‑old household members no later than August 1 of each year. The outreach plan shall comply with the following:

(1)        Ensure that eligible households are made aware of the available assistance, with particular attention paid to the elderly population age 60 and above and disabled persons receiving services through the Division of Aging and Adult Services.

(2)        Include efforts by the county department of social services to contact other State and local governmental entities and community‑based organizations to (i) offer the opportunity to provide outreach and (ii) receive applications for energy assistance.

(3)        Be approved by the local board of social services or human services board prior to submission.

 

"CHILD CARE AND DEVELOPMENT FUND BLOCK GRANT

"SECTION 12I.1.(t)  Payment for subsidized child care services provided with federal TANF funds shall comply with all regulations and policies issued by the Division of Child Development and Early Education for the subsidized child care program.

"SECTION 12I.1.(u)  If funds appropriated through the Child Care and Development Fund Block Grant for any program cannot be obligated or spent in that program within the obligation or liquidation periods allowed by the federal grants, the Department may move funds to child care subsidies, unless otherwise prohibited by federal requirements of the grant, in order to use the federal funds fully.

 

"MENTAL HEALTH SERVICES BLOCK GRANT

"SECTION 12I.1.(v)  The sum of six hundred forty‑three thousand four hundred ninety‑one dollars ($643,491) appropriated in this section in the Mental Health Services Block Grant to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, for each year of the 2015‑2017 fiscal biennium the 2015‑2016 fiscal year and the sum of one million four hundred thirty thousand eight hundred fifty‑one dollars ($1,430,851) for the 2016‑2017 fiscal year is allocated for Mental Health Services – First Psychotic Symptom Treatment. The Division shall report on (i) the specific evidence‑based treatment and services provided, (ii) the number of persons treated, and (iii) the measured outcomes or impact on the participants served. The Division shall report to the House of Representatives Appropriations Committee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Fiscal Research Division no later than December 31, 2016.

 

"SUBSTANCE ABUSE PREVENTION AND TREATMENT BLOCK GRANT

"SECTION 12I.1.(w)  The sum of two hundred fifty thousand dollars ($250,000) 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 each year of the 2015‑2017 fiscal biennium shall be allocated to the Department of Military and Veterans Affairs, as created in Section 24.1 of this act, to establish a call‑in center to assist veterans in locating service benefits and crisis services. The call‑in center shall be staffed by certified veteran peers within the Department of Military and Veterans Affairs and trained by the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services.

"SECTION 12I.1.(w1)  The sum of five hundred thousand dollars ($500,000) allocated 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 2016‑2017 fiscal year shall be used for a medication‑assisted opioid use disorder treatment pilot program.

 

"MATERNAL AND CHILD HEALTH BLOCK GRANT

"SECTION 12I.1.(x)  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 2015‑2016 fiscal year or the 2016‑2017 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) and (4a). The Department of Public Instruction shall carefully and strictly follow federal guidelines in implementing and administering the abstinence education grant funds.

"SECTION 12I.1.(y)  The Department of Health and Human Services shall ensure that there will be follow‑up testing in the Newborn Screening Program.

"SECTION 12I.1.(z)  The sum of one million five hundred seventy‑five thousand dollars ($1,575,000) appropriated in this section in the Maternal and Child Health Block Grant to the Department of Health and Human Services, Division of Public Health, for each year of the 2015‑2017 fiscal biennium shall be used for evidence‑based programs in counties with the highest infant mortality rates. The Division shall report on (i) the counties selected to receive the allocation, (ii) the specific evidenced‑based services provided, (iii) the number of women served, and (iv) any impact on the counties' infant mortality rate. The Division shall report its findings to the House of Representatives Appropriations Committee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Fiscal Research Division no later than December 31, 2016.

"SECTION 12I.1.(aa)  The sum of one hundred thousand dollars ($100,000) allocated in this section in the Maternal and Child Health Block Grant to the Department of Health and Human Services, Division of Public Health, for each year of the 2015‑2017 fiscal biennium for community‑based sickle cell centers shall not be used to supplant existing State or federal funds.

"SECTION 12I.1.(bb)  No more than fifteen percent (15%) of the funds provided in this section in the Maternal and Child Health Block Grant to Carolina Pregnancy Care Fellowship shall be used for administrative purposes. The balance of those funds shall be used for direct services."

 

PART XIII. Department of Agriculture and Consumer Services

 

SPAY/NEUTER PROGRAM ELIGIBILITY

SECTION 13.1.(a)  G.S. 19A‑63(a)(1) reads as rewritten:

"(1)      The county or city offers one or more of the following programs to low‑income persons on a year‑round basis for the purpose of reducing the cost of spaying and neutering procedures for dogs and cats:

a.         A spay/neuter clinic operated by the county or city.

b.         A spay/neuter clinic operated by a non‑profit organization under contract or other arrangement with the county or city, provided that the non‑profit organization contracts with a local veterinarian to perform the spay/neuter procedures.city.

c.         A contract or contracts with one or more veterinarians, whether or not located within the county, to provide reduced‑cost spaying and neutering procedures.

d.         Subvention of the spaying and neutering costs incurred by low‑income pet owners through the use of vouchers or other procedure that provides a discount of the cost of the spaying or neutering procedure fixed by a participating veterinarian.

e.         Subvention of the spaying and neutering costs incurred by persons who adopt a pet from an animal shelter operated by or under contract with the county or city."

SECTION 13.1.(b)  G.S. 19A‑63(b)(2) reads as rewritten:

"(2)      Low‑income person. – An individual who qualifies for one or more of the programs of public assistance administered by the Department of Health and Human Services pursuant to Chapter 108A of the General Statutes or whose annual household income is lower than one hundred percent (100%) of the federal poverty level guidelines published by the United States Department of Health and Human Services."

 

FUTURE FARMERS OF AMERICA PILOT PROGRAM

SECTION 13.3.(a)  Notwithstanding G.S. 143‑720 or G.S. 143‑721, of the funds appropriated to the Tobacco Trust Fund in this act, one hundred twenty thousand dollars ($120,000), nonrecurring for the 2016‑2017 fiscal year, shall be distributed to the following local Future Farmers of America programs for the following purposes and amounts:

(1)        Sixty thousand dollars ($60,000) to Southern Guilford High School in Guilford County for a pilot program relating to animal science.

(2)        Sixty thousand dollars ($60,000), to be allocated in equal amounts, to the following schools for a pilot program relating to animal science and agricultural crop planting, including greenhouses and hydroponics:

a.         Mountain Heritage High School in Yancey County.

b.         Madison High School in Madison County.

c.         Central Haywood High School in Haywood County.

d.         Pisgah High School in Haywood County.

e.         Tuscola High School in Haywood County.

SECTION 13.3.(b)  As part of the annual report required pursuant to G.S. 143‑722(a), the Tobacco Trust Fund Commission shall report to the chairs of the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division on program activities, objectives, and accomplishments and itemized expenditures from the funds provided in this section. The Commission shall assist local Future Farmers of America programs receiving funds pursuant to this section in reporting on the activities for which the funds were used. In addition, the Commission shall compile a consolidated report of such activities, itemized by recipient.

 

Healthy Food Small Retailer Program

SECTION 13.4.(a)  Of the funds appropriated to the Department of Agriculture and Consumer Services, the sum of two hundred fifty thousand dollars ($250,000) for the 2016‑2017 fiscal year shall be used to create a program to reimburse small food retailers for expenditures related to enhancing access to healthy foods in areas that qualify as food desert zones according to the Economic Research Service of the United States Department of Agriculture. For the purposes of this section, a small food retailer is defined as a business that is a small retail outlet, including corner stores, convenience stores, cooperatives, and bodegas, of no more than 3,000 heated square feet that sells a limited selection of foods and other products. Funds may be used to reimburse small food retailers for the purchase and installation of refrigeration equipment, display shelving, and other equipment necessary for stocking nutrient‑dense foods, including fresh vegetables and fruits, whole grains, nuts, seeds, beans and legumes, low‑fat dairy products, lean meats, and seafood.

SECTION 13.4.(b)  The Department may reimburse up to twenty‑five thousand dollars ($25,000) to a single small food retailer pursuant to this section. Small food retailers receiving moneys from the program must accept or agree to accept Supplemental Nutrition Assistance Program benefits and must accept or agree to apply to accept Special Supplemental Nutrition Program for Women, Infants and Children benefits. The Department shall establish guidelines for application and receipt of funding for small food retailers to ensure that the funds will be used to enhance and advertise the availability of nutrient‑dense foods. The Department shall assist the small food retailer in identifying suppliers of nutrient‑dense foods and in developing a strategy to encourage the sale of nutrient‑dense foods to customers.

SECTION 13.4.(c)  On or before October 1, 2017, the Department shall report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division on the activities, number of small food retailers receiving reimbursement, how the funds were used by the small food retailers, and the gross amount of nutrient‑dense food, in dollars, sold to customers by participating small food retailers.

 

PART XIV. Department of Environmental Quality

 

MERCURY SWITCH SUNSET MODIFICATION

SECTION 14.1.(a)  Section 9 of S.L. 2007‑142 reads as rewritten:

"SECTION 9. Sections 1, 2, 6, 7, and 9 of this act become effective when this act becomes law. Sections 3, 4, and 8 of this act become effective 1 July 2007. Section 5 of this act becomes effective 1 July 2007 and applies to violations that occur on or after that date. The Department shall submit the first annual report required by G.S. 130A‑310.57, as enacted by Section 7 of this act, on or before 1 October 2008. This act expires on 31 December 2017.Effective June 30, 2017, Part 6 of Article 9 of Chapter 130A of the General Statutes, as amended by this act, is repealed."

SECTION 14.1.(b)  Section 13.10B of S.L. 2011‑145 is repealed.

SECTION 14.1.(c)  Subsection (b) of this section becomes effective June 30, 2017. Funds remaining in the Mercury Pollution Prevention Fund (Fund Code 24300‑2119) on that date shall be transferred to the Division of Waste Management (Fund Code 14300‑1760).

 

AIR AND WATER QUALITY ACCOUNT FUNDING

SECTION 14.3.  G.S. 105‑449.125, as amended by Section 4.11(a) of S.L. 2016‑5, reads as rewritten:

"§ 105‑449.125.  Distribution of tax revenue among various funds and accounts.

(a)        Distribution to Funds. – The Secretary shall allocate the amount of revenue collected under this Article from an excise tax of one‑half cent (1/2¢) a gallon to the following funds and accounts in the fraction percentages indicated:

Fund or Account                                                            Amount

Commercial Leaking Petroleum

Underground Storage Tank Cleanup Fund                Nineteen thirty‑secondsSixty‑two and           one‑half percent (62.5%)

Water and Air Quality Account                                 Five‑sixteenths.Twenty‑eight and one‑          tenth percent (28.1%).

(b)        Distribution of Remaining Revenue. – The Secretary shall allocate the remaining excise tax revenue collected under this Article, including any revenue that is allocated but not distributed under subsection (a) of this section, as follows:

(1)        Seventy‑one percent (71%) to the Highway Fund.

(2)        Twenty‑nine percent (29%) to the Highway Trust Fund.

(c)        Accounting. – The Secretary shall charge a proportionate share of a refund allowed under this Article to each fund or account to which revenue collected under this Article is credited. The Secretary shall credit revenue or charge refunds to the appropriate funds or accounts on a monthly basis."

 

RISK‑BASED MANAGEMENT ACTIONS PREAPPROVAL

SECTION 14.5.  G.S. 143‑215.94E(e5) is amended by adding a new subdivision to read:

"(10)    Each fiscal year, the Department may preapprove and authorize tasks, the cost of which is to be paid or reimbursed from the Commercial Fund and the sum total of which shall not exceed five hundred thousand dollars ($500,000), that have not been authorized pursuant to subdivisions (5) and (6) of this subsection for the purpose of completing risk‑based management actions leading to no further action or closure. A claim for payment or reimbursement of costs for tasks that are authorized under this subdivision shall be paid or reimbursed on the same basis as tasks that are authorized under subdivisions (5) and (6) of this subsection."

 

COASTAL RECREATIONAL FISHING LICENSES CONFORMING CHANGE

SECTION 14.8.  G.S. 113‑174.1(f) reads as rewritten:

"§ 113‑174.1.  License required; general provisions governing licenses.

...

(f)        Cancellation of Fraudulent License; Penalties. – The Wildlife Resources Commission may cancel a license issued by the Commission under this Article or Article 25A of this Chapter if the license was issued on the basis of false information supplied by the license applicant. The Division may cancel a For Hire Blanket CRFL License issued under G.S. 113‑174.3 or an Ocean Fishing Pier Blanket CRFL issued under G.S. 113‑174.4 if the license was issued on the basis of false information supplied by the license applicant. A cancelled license is void from the date of issuance. It is a Class 1 misdemeanor for an individual to knowingly do any of the following:

...."

 

MARINE PATROL/SHELLFISH SANITATION EQUIPMENT SALES

SECTION 14.9.(a)  The Division of Marine Fisheries of the Department of Environmental Quality may sell the following aircraft and water vessels from its fleet as expeditiously as possible in order to modernize the fleet:

(1)        1999 48' Sea Ark – patrol vessel "Roanoke."

(2)        1995 Husky airplane.

(3)        1998 25' Parker boat hull with trailer.

(4)        1993 18' Parker boat with engine and trailer.

Notwithstanding G.S. 143C‑6‑4 or any other provision of law, the Division may spend funds received from the sales of the equipment identified in this subsection for future equipment acquisitions to support the enforcement efforts of the Marine Patrol. The sales proceeds are appropriated for that purpose and shall be incorporated into the authorized budget of the Division.

SECTION 14.9.(b)  The Division shall report to the Fiscal Research Division and the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources on the proceeds of the dispositions authorized by this section and the Division's plans for use of the proceeds.

 

PROMOTE SHELLFISH INDUSTRY

SECTION 14.11.(a)  G.S. 113‑202(j) reads as rewritten:

"(j)       Initial leases begin upon the issuance of the lease by the Secretary and expire at noon on the first day of July following the tenth anniversary of the granting of the lease. Renewal leases are issued for a period of 10 years from the time of expiration of the previous lease. At the time of making application for renewal of a lease, the applicant must pay a filing fee of one hundred dollars ($100.00). The rental for initial leases is one dollar ($1.00) per acre until noon on the first day of July following the first anniversary of the lease. Thereafter, for initial leases and from the beginning for renewals of leases entered into after that date, the rental is ten dollars ($10.00) per acre per year. Rental must be paid annually in advance prior to the first day of April July each year. Upon initial granting of a lease, the pro rata amount for the portion of the year left until the first day of July must be paid in advance at the rate of one dollar ($1.00) per acre per year; then, on or before the first day of April July next, the lessee must pay the rental for the next full year."

SECTION 14.11.(b)  G.S. 113‑202.1 reads as rewritten:

"§ 113‑202.1.  Water column leases for aquaculture.

(a)        To increase the productivity of leases for shellfish culture issued under G.S. 113‑202, the Secretary may amend shellfish cultivation leases to authorize use of the water column superjacent to the leased bottom under the terms of this section when he determines the public interest will benefit from amendment of the leases. Leases with water column amendments must produce shellfish in commercial quantities at four times the minimum production rate of leases issued under G.S. 113‑202, or any higher quantity required by the Marine Fisheries Commission through duly adopted rules.

...

(f)        Amendments of shellfish cultivation leases to authorize use of the water column are not transferrable except when the Secretary approves the transfer after public notice and hearing consistent with subsection (c) of this section.may be transferred with a bottom lease for the remainder of the term of the amendment at the same rental rate and term as set forth in subsection (d) of this section and so long as notice of the transfer is provided to the Secretary as required by G.S. 113‑202(k).

...

(i)         To the extent required by demonstration or research aquaculture development projects, the Secretary may amend existing leases and issue leases that authorize use of the bottom and the water column. Demonstration or research aquaculture development projects may be authorized for two five years with no more than one renewal and when the project is proposed or formally sponsored by an educational institution which conducts research or demonstration of aquaculture. Production of shellfish with a sales value in excess of one thousand dollars ($1,000)five thousand dollars ($5,000) per acre per year shall constitute commercial production. Demonstration or research aquaculture development projects shall be exempt for the rental rate in subsection (d) of this section unless commercial production occurs as a result of the project."

SECTION 14.11.(c)  G.S. 113‑202.2 reads as rewritten:

"§ 113‑202.2.  Water column leases for aquaculture for perpetual franchises.

(a)        To increase the productivity of shellfish grants and perpetual franchises for shellfish culture recognized under G.S. 113‑206, the Secretary may lease the water column superjacent to such grants or perpetual franchises (hereinafter "perpetual franchises") under the terms of this section when it determines the public interest will benefit from the lease. Perpetual franchises with water column leases must produce shellfish in commercial quantities at four times the minimum production rate of leases issued under G.S. 113‑202, or any higher quantity required by the Marine Fisheries Commission by rule.

...

(d)       Water column leases to perpetual franchises shall be issued for a period of five 10 years and may be renewed pursuant to subsection (g) of this section. The rental for an initial water column lease issued under this section is the same as the rental set in G.S. 113‑202.1 for an initial water column amendment issued under that section, and the rental for a renewed water column lease issued under this section is the same as the rental set in G.S. 113‑202.1 for a renewed water column amendment issued under that section.

...

(f)        Water column leases to perpetual franchises are not transferrable except when the Secretary approves the transfer after public notice and hearing consistent with G.S. 113‑202(f) and (g).may be transferred with a perpetual franchise for the remainder of the term of the lease at the same rental rate and term as set forth in subsection (d) of this section and so long as notice of the transfer is provided to the Secretary as required by G.S. 113‑202(k).

...

(i)         Demonstration or research aquaculture development projects may be authorized for two five years with no more than one renewal and when the project is proposed or formally sponsored by an educational institution which conducts aquaculture research or demonstration projects. Production of shellfish with a sales value in excess of one thousand dollars ($1,000)five thousand dollars ($5,000) per acre per year shall constitute commercial production. Demonstration or research aquaculture development projects shall be exempt from the rental rate in subsection (d) of this section unless commercial production occurs as a result of the project."

SECTION 14.11.(d)  The Chief Sustainability Officer of the University of North Carolina at Chapel Hill shall convene a stakeholder working group to study and advance efforts to ecologically restore and achieve economic stability of the shellfish aquaculture industry, including (i) how best to spend financial resources to counter declining oyster populations and habitats; (ii) the use of nonnative oyster species to accomplish oyster restoration; (iii) means of combating oyster disease and managing harvesting practices to balance the needs of the industry and promote long‑term viability and health of oyster habitat and substrate; (iv) economic aquaculture methods to improve oyster stock and populations; (v) long‑term, dedicated options for funding sources and water quality improvements; (vi) means to increase oyster production for both population growth and harvest; (vii) options that expand the use of private hatchery capacity in the State; (viii) options for promoting the use of cultch planting to enhance and increase oyster habitat and population; (ix) other resources that might be leveraged to enhance reform efforts; and (x) any other issue the Institute deems relevant.

SECTION 14.11.(e)  In the conduct of the study required by subsection (d) of this section, the Officer shall convene and consult with a stakeholders group that includes representatives of the commercial and recreational oyster harvesting industries, the North Carolina Division of Marine Fisheries, the Marine Fisheries Commission, nature conservation entities, and experts in the fields of marine biology and marine ecology.

SECTION 14.11.(f)  The University of North Carolina at Chapel Hill shall report the results of its study, including any recommendations and suggested legislation needed to implement the recommendations, to the Fiscal Research Division, the Environmental Review Commission, and the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources no later than December 31, 2018.

SECTION 14.11.(g)  Notwithstanding any other provision of law, funds provided to the Division of Marine Fisheries of the Department of Environmental Quality for contracting with the University of North Carolina at Wilmington to develop oyster brood stock to provide seed for aquaculture shall be transferred to, and not through a contractual arrangement with, the University of North Carolina at Wilmington for that purpose. No indirect facilities and administrative costs shall be charged by the University against the funds transferred by this subsection.

 

CLARIFY AQUATIC WEED CONTROL FUNDING ELIGIBILITY

SECTION 14.12.(a)  Part 8B of Article 21 of Chapter 143 of the General Statutes reads as rewritten:

"Part 8B. Shallow Draft Navigation Channel Dredging and Lake Dredging Aquatic Weed Fund.

"§ 143‑215.73F.  Shallow Draft Navigation Channel Dredging and Lake Maintenance Aquatic Weed Fund.

(a)        Fund Established. – The Shallow Draft Navigation Channel Dredging and Lake Maintenance Aquatic Weed Fund is established as a special revenue fund. The Fund consists of fees credited to it under G.S. 75A‑3 and G.S. 75A‑38, taxes credited to it under G.S. 105‑449.126, and funds contributed by non‑State entities.

(b)        Uses of Fund. – Revenue in the Fund may only be used for the following purposes:

(1)        To provide the State's share of the costs associated with any dredging project designed to keep shallow draft navigation channels located in State waters or waters of the state located within lakes navigable and safe.

(2)        For aquatic weed control projects in waters of the State located within lakes under Article 15 of Chapter 113A of the General Statutes. Funding for aquatic weed control projects is limited to five hundred thousand dollars ($500,000) in each fiscal year.

(c)        Cost‑Share. – Any project funded by revenue from the Fund must be cost‑shared with non‑State dollars as follows:

...

(3)        The cost‑share for a lake maintenance an aquatic weed control project shall be at least one non‑State dollar for every dollar from the Fund. The cost‑share for a lake an aquatic weed control project located within a component of the State Parks System shall be provided by the Division of Parks and Recreation of the Department of Natural and Cultural Resources. The Division of Parks and Recreation may use funds allocated to the State Parks System for capital projects under G.S. 143B‑135.56 for the cost‑share.

(4)        The cost‑share for the dredging of the access canal around the Roanoke Island Festival Park may be paid from the Historic Roanoke Island Fund established by G.S. 143B‑131.8A.

....

(f)        Report. – The Department shall report annually no later than October 1 regarding projects funded under this section to the Fiscal Research Division and the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources. The report shall include project type (dredging or weed control), project location, brief project description, entity receiving the funding, and amount of funding provided."

SECTION 14.12.(b)  G.S. 75A‑3(c) reads as rewritten:

"(c)      The Boating Account is established within the Wildlife Resources Fund created under G.S. 143‑250. Interest and other investment income earned by the Account accrues to the Account. All moneys collected pursuant to the numbering and titling provisions of this Chapter shall be credited to this Account. Motor fuel excise tax revenue is credited to the Account under G.S. 105‑449.126. The Commission shall use revenue in the Account, subject to the Executive Budget Act and the Personnel Act, for the administration and enforcement of this Chapter; for activities relating to boating and water safety including education and waterway marking and improvement; and for boating access area acquisition, development, and maintenance. The Commission shall use at least three dollars ($3.00) of each one‑year certificate of number fee and at least nine dollars ($9.00) of each three‑year certificate of number fee collected under the numbering provisions of G.S. 75A‑5 for boating access area acquisition, development, and maintenance. The Commission shall transfer on a quarterly basis fifty percent (50%) of each one‑year certificate of number fee and fifty percent (50%) of each three‑year certificate of number fee collected under the numbering provisions of G.S. 75A‑5 to the Shallow Draft Navigation Channel Dredging and Lake Maintenance Aquatic Weed Fund established by G.S. 143‑215.73F."

SECTION 14.12.(c)  G.S. 75A‑38(b) reads as rewritten:

"(b)      The Commission shall charge a fee of thirty dollars ($30.00) to issue a new or transfer certificate of title. The Commission shall transfer on a quarterly basis at least ten dollars ($10.00) of each new or transfer certificate of title to the Shallow Draft Navigation Channel Dredging and Lake Maintenance Aquatic Weed Fund established by G.S. 143‑215.73F. The Commission shall charge a fee of ten dollars ($10.00) for each duplicate title it issues and for the recording of a supplemental lien."

SECTION 14.12.(d)  G.S. 105‑449.126 reads as rewritten:

"§ 105‑449.126.  Distribution of part of Highway Fund allocation to Wildlife Resources Fund and Shallow Draft Navigation Channel Dredging and Lake Maintenance Aquatic Weed Fund.

...

(b)        The Secretary shall credit to the Shallow Draft Navigation Channel Dredging and Lake Maintenance Aquatic Weed Fund one percent (1%) of the amount that is allocated to the Highway Fund under G.S. 105‑449.125 and is from the excise tax on motor fuel. Revenue credited to the Shallow Draft Navigation Channel Dredging and Lake Maintenance Aquatic Weed Fund under this section may be used only for the dredging activities described in G.S. 143‑215.73F. The Secretary shall credit revenue to the Shallow Draft Navigation Channel Dredging and Lake Maintenance Aquatic Weed Fund on a quarterly basis. The Secretary must make the distribution within 45 days of the end of each quarter."

 

DEVELOPMENT OF NEW COMPREHENSIVE NUTRIENT MANAGEMENT REGULATORY FRAMEWORK

SECTION 14.13.(a)  The General Assembly finds all of the following:

(1)        It is necessary for the State to have a comprehensive management strategy to protect and improve water quality.

(2)        Over the last 20 years, comprehensive watershed nutrient management strategies and buffer rules have been implemented in several river basins and watersheds in North Carolina where surface water quality has been impaired by excess nutrients.

(3)        It is in the interest of the State to review the costs and benefits of existing nutrient management strategies and determine whether those nutrient management strategies should be modified in order to maintain and improve water quality in nutrient sensitive waters.

(4)        The State should revise nutrient strategies to maintain proven measures already shown to be effective; incorporate new technological and management innovations; recognize investments in water quality already implemented by stakeholders; and share costs on an equitable basis.

SECTION 14.13.(b)  Subsections (a) and (c) of Section 14.5 of S.L. 2015‑241 are repealed and the Department shall terminate the demonstration project authorized by that section. Any funds allocated under subsection (a) of Section 14.5 of S.L. 2015‑241 that are unspent and unencumbered on the effective date of this act shall revert to the Clean Water Management Trust Fund.

SECTION 14.13.(c)  Of the funds appropriated to the Board of Governors of The University of North Carolina, the sum of five hundred thousand dollars ($500,000) for each of the fiscal years from 2016‑2017 through 2021‑2022 is allocated to the Chief Sustainability Officer at the University of North Carolina at Chapel Hill to designate an entity to oversee a continuing study and analysis of nutrient management strategies (including in situ strategies) and compilation of existing water quality data specifically in the context of Jordan Lake and Falls Lake. As part of this study, the entity shall (i) review data collected by the Department of Environmental Quality and by other stakeholders from water sampling in areas subject to the Falls Lake or Jordan Lake Water Supply Nutrient Strategies and compare trends in water quality to the implementation of the various elements of each of the Strategies and (ii) examine the costs and benefits of basinwide nutrient strategies in other states and the impact (or lack of impact) those strategies have had on water quality. The entity shall report to the Environmental Review Commission, the Environmental Management Commission, and the Department of Environmental Quality as set forth below:

(1)        With respect to Jordan Lake, the final results of its study and  recommendations for further action (including any statutory or regulatory changes necessary to implement the recommendations) no later than December 31, 2018, with interim updates no later than December 31, 2016, and December 31, 2017.

(2)        With respect to Falls Lake, the final results of its study and  recommendations for further action (including any statutory or regulatory changes necessary to implement the recommendations) no later than December 31, 2021, with interim updates no later than December 31, 2019, and December 31, 2020.

No indirect or facilities and administrative costs shall be charged by the University against the funds allocated by this section. The Department of Environmental Quality shall provide all necessary data and staff assistance as requested by the entity for the duration of the study required by this subsection. The Department shall also designate from existing positions an employee to serve as liaison between the Department and the entity to facilitate communication and handle data requests for the duration of the project.

SECTION 14.13.(d)  As part of the periodic review and readoption of rules required by G.S. 150B‑21.3A, the Environmental Management Commission shall, based on the study required by subsection (c) of this section and any monitoring or modeling study conducted pursuant to existing regulations as defined in this section, review the following Nutrient Strategies:

(1)        The Falls Water Supply Nutrient Strategy, 15A NCAC 2B .0275 through .0282 and .0315.

(2)        The Jordan Lake Water Supply Nutrient Strategy, 15A NCAC 2B .0263 through .0273 and .0311.

(3)        Any changes to these regulations imposed by acts of the General Assembly.

The schedule set forth in this subsection shall modify the review and readoption schedule set by the Rules Review Commission under G.S. 150B‑21.3A to the extent the schedules conflict. No later than December 31, 2016, the Department of Environmental Quality shall report to the Environmental Review Commission a list of any other rules and any acts of the General Assembly changing the rules identified in this subsection, and the Environmental Management Commission's review shall include the rules identified in this section and in that report. As part of its rule review process, the Environmental Management Commission shall (i) hold public hearings in the upstream and downstream portions of the Falls Lake and Jordan Lake river basins and subbasins and (ii) no later than December 31, 2016, convene a stakeholder working group that represents all classes of users and all geographic parts of the impacted river basins and subbasins and that will provide input to the Environmental Management Commission regarding the revision to the Nutrient Strategies. The Environmental Management Commission shall issue recommendations for revisions of the Nutrient Strategies based on its review and begin rule readoption required by G.S. 150B‑21.3A no later than March 15, 2019. For purposes of the G.S. 150B‑21.3A readoption process, the Nutrient Strategies shall be considered "necessary with substantive public interest."

SECTION 14.13.(e)  The Department of Environmental Quality shall study alternative technologies for in situ approaches to nutrient management in Falls Lake and Jordan Lake. In its study, the Department shall consider in situ treatments, including algaecide and phosphorus‑locking technologies, that have been certified by the United States Environmental Protection Agency for use in drinking water sources. Of the funds appropriated in this act to the Department of Environmental Quality, the sum of one million three hundred thousand dollars ($1,300,000) for the 2016‑2017 fiscal year may be used to implement a trial of these technologies. If the Department decides to implement a trial, it shall enter into a contract for the trial by December 31, 2016. Any contract entered into under this subsection shall not be subject to Article 3 or Article 8 of Chapter 143 of the General Statutes. The study shall determine whether these treatments would provide improvements in water quality and whether the improvements would be more cost‑effective than more conventional nutrient mitigation strategies. The Department shall submit an interim report no later than March 1, 2017, and a final report no later than March 1, 2018, to the Environmental Review Commission, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division. If the Department finds these strategies to be effective, it shall incorporate them into the Nutrient Strategies readoption required by subsection (d) of this section. Funds allocated by this subsection shall remain available until the conclusion of the study, and any funds unused at that time shall revert to the General Fund.

SECTION 14.13.(f)  Impervious surface added in a city or county within the Jordan Lake watershed after July 26, 2013, and prior to December 31, 2020, shall, notwithstanding any other provision of law or associated regulations adopted by the Environmental Management Commission, not be counted as built‑upon area for purposes of a city's or county's calculation of nutrient loading targets under a Development Stormwater Rule. Pursuant to G.S. 153A‑145.6 and G.S. 160A‑205.1, cities and counties shall not enforce Development Stormwater Rules through any ordinance, code, standard, committed element, condition, or contractual obligation imposed by, agreed upon, or accepted by a county or city. For purposes of this subdivision, "Development Stormwater Rule" shall mean 15A NCAC 2B .0265 (Stormwater Management for New Development) and 15A NCAC 2B .0266 (Stormwater Management for Existing Development), or equivalent or more stringent ordinance, code, standard, or committed element related to nutrient‑loading targets in the Jordan Lake watershed.

SECTION 14.13.(g)  The Department of Environmental Quality shall study the following issues related to nutrient impact fees and other water quality impact mitigation programs in Jordan Lake and Falls Lake:

(1)        The impact, costs, and benefits of setting nutrient offset fees on a subbasin‑ or area‑specific basis, together with an estimate of the subbasin‑specific nutrient offset fees for each subbasin in the Jordan Lake and Falls Lake watersheds or area draining to a particular arm of Jordan Lake or Falls Lake.

(2)        Watersheds and river basins or subbasins where private providers of mitigation services are adequately serving existing and projected demand over the next five years, and whether (i) the continuing provision of mitigation services by the State in those areas is necessary and (ii) statutory authority to provide mitigation services in those areas should be totally or partially repealed.

The Department shall report no later than December 1, 2016, to the Environmental Review Commission, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division regarding the results and recommendations from its study and any suggested legislation necessary to implement the recommendations.

SECTION 14.13.(h)  The rules described below shall not take effect and are subject to the review and readoption required by subsection (d) of this section:

(1)        With respect to the Jordan Lake rules, as defined by subdivisions (2) and (3) of subsection (d) of this section, any rules with effective dates between the effective date of this act and October 15, 2019.

(2)        With respect to the Falls Lake rules, as defined by subdivisions (1) and (3) of subsection (d) of this section, any rules with effective dates between the effective date of this act and October 15, 2022.

SECTION 14.13.(i)  Stormwater treatment practices that have been approved by the Chesapeake Bay Commission for TMDL compliance in the Chesapeake Bay watershed shall be allowed for TMDL compliance in the Jordan Lake and Falls Lake watersheds at the same pollutant removal efficiency value established for each such practice for the Chesapeake Bay watershed. The Department shall report no later than December 1, 2016, to the Environmental Review Commission, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division on the need and desirability of establishing State‑specific pollutant removal efficiency values for the stormwater treatment practices allowed by this subsection. If the Department decides to establish State‑specific values, it shall incorporate those values into the Nutrient Strategies readoption required by subsection (d) of this section.

SECTION 14.13.(j)  Subsection (b) of this section becomes effective on the earlier of July 1, 2016, or the date of termination of a contract related to in situ water quality remediation strategies that was previously extended pursuant to Section 14.5 of S.L. 2015‑241.

 

MATTAMUSKEET LODGE TRANSFER AND ADVANCED PLANNING

SECTION 14.14.(a)  The Mattamuskeet Lodge and surrounding property transferred from the federal government by Public Law 109‑358, entitled the "Lake Mattamuskeet Lodge Preservation Act," is reallocated from the Department of Natural and Cultural Resources to the Wildlife Resources Commission.

SECTION 14.14.(b)  G.S. 121‑9.1 reads as rewritten:

"§ 121‑9.1.  Lake Mattamuskeet Lodge Preservation.

(a)        Notwithstanding G.S. 121‑9, the State of North Carolina accepts the transfer of the Mattamuskeet Lodge and surrounding property to the State under the Lake Mattamuskeet Lodge Preservation Act, P.L. 109‑358. After completion of repairs and renovations by the Department of Natural and Cultural Resources, theThe property shall be transferred to and managed by the Wildlife Resources Commission.

(b)        Any plans for repair and renovation of the Mattamuskeet Lodge from the Repairs and Renovations Reserve Account under G.S. 143C‑4‑3 are subject to review by the Wildlife Resources Commission."

SECTION 14.14.(c)  The Wildlife Resources Commission shall undertake advanced planning for the completion of renovations of the Lake Mattamuskeet Lodge and explore opportunities for a public‑private partnership for the future operation of the Lodge to optimize the sustainability and benefit of the Lodge to the community. In order to conduct these activities, the Commission may use up to two hundred thousand dollars ($200,000) of the funds appropriated to it for the 2016‑2017 fiscal year. The Commission shall report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources no later than January 15, 2017, regarding its implementation of the requirements of this section.

 

RIGHT OF ENTRY CLARIFICATION

SECTION 14.15.  Article 17 of Chapter 113 of the General Statutes is amended by adding a new section to read:

"§ 113‑221.5.  Right of entry to enforce certain sanitation requirements.

(a)        The Secretary of Environmental Quality and a local health director shall each have the delegable right of entry upon the premises of any place where entry is necessary to enforce the provisions of G.S. 113‑221.2(a) or the rules adopted by the Marine Fisheries Commission or a local board of health. If consent for entry is not obtained, an administrative search and inspection warrant shall be obtained pursuant to G.S. 15‑27.2. However, if an imminent hazard exists, no warrant is required for entry upon the premises."

 

CRAB POT REMOVAL PILOT PROGRAM

SECTION 14.18.  Of the funds appropriated to the Department of Environmental Quality, Division of Marine Fisheries, for the 2016‑2017 fiscal year, one hundred thousand dollars ($100,000), nonrecurring, shall be used for a pilot program to be administered by North Carolina Sea Grant at North Carolina State University (Sea Grant) for the removal of derelict crab pots in State waters. Sea Grant may contract with nonprofit organizations to conduct and oversee the removal of derelict crab pots, provided that the nonprofit organizations involved are required to report expenditures and performance data to Sea Grant. No indirect facilities and administrative costs shall be charged by Sea Grant or any constituent institution of the University of North Carolina System against the funds allocated by this section. Sea Grant shall submit a report on the performance of the pilot program, including expenditures and number of derelict crab pots retrieved, to the chairs of the Joint Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division on or before May 1, 2017.

 

SHALLOW DRAFT FUND SPONSORED COASTAL MANAGEMENT POSITION

SECTION 14.19.  G.S. 143‑215.73F(b) is amended by adding a new subdivision to read:

"(3)      For the compensation of a beach and inlet management project manager with the Division of Coastal Management of the Department of Environmental Quality for the purpose of overseeing all activities related to beach and inlet management in the State. Funding for the position is limited to ninety‑nine thousand dollars ($99,000) in each fiscal year."

 

WASTEWATER DISCHARGE MITIGATION

SECTION 14.20.(a)  Of the funds appropriated in this act to the Department of Environmental Quality, Division of Water Infrastructure, the sum of four hundred thousand dollars ($400,000), nonrecurring, for the 2016‑2017 fiscal year shall be used to provide a grant for wastewater infrastructure improvements to a municipality located in a development tier three county where the municipality has a population under 100 according to the most recent decennial census and has been issued Notices of Violation from both a county and the Division of Water Resources for illegal wastewater discharges.

SECTION 14.20.(b)  Of the funds appropriated in this act to the Department of Environmental Quality, Division of Water Infrastructure, the sum of one million dollars ($1,000,000), nonrecurring, for the 2016‑2017 fiscal year shall be allocated to Duplin County to be used to correct an on‑site school sewer compliance issue at B.F. Grady Elementary School.

SECTION 14.20.(c)  Of the funds appropriated in this act to the Department of Environmental Quality, Division of Water Infrastructure, the sum of seven hundred thousand dollars ($700,000), nonrecurring, for the 2016‑2017 fiscal year shall be allocated to the Town of Fontana Dam to be used for wastewater system upgrades.

 

Regional Water and Sewer Authority Funding

SECTION 14.20A.(a)  Of the funds appropriated to the Department of Environmental Quality, Division of Water Infrastructure, by this act, the sum of fourteen million five hundred forty‑eight thousand nine hundred eighty‑one dollars ($14,548,981) shall be used by the Division to fund interconnection and extension of water lines to participating counties and municipalities undertaken by a Regional Water and Sewer Authority established pursuant to Article 1 of Chapter 162A of the General Statutes, provided that the Authority includes the Counties of Rockingham and Guilford and one or more municipalities within those counties. The funds allocated by this section may also be used for one or more regional interconnections with municipalities in Rockingham or Guilford Counties that do not join the Authority described by this subsection if the interconnections are necessary to provide sufficient water resources to support the water system expansion needed to meet current and planned future needs of the Authority.

SECTION 14.20A.(b)  If the Regional Water Authority described by this section is formed prior to June 30, 2017, the Division of Water Infrastructure shall transfer the funds allocated by this section to the Authority for the purposes described in subsection (a) of this section. Otherwise, the funds allocated by this section shall revert to the General Fund. Notwithstanding G.S. 143C–6‑23(f1)(1), funds allocated to the Authority but not used by June 30, 2020, shall revert to the General Fund.

 

CATALOG OF WETLAND AND STREAM MITIGATION CREDITS

SECTION 14.21.  The Division of Mitigation Services shall catalog all wetland and stream mitigation credits in State ownership. The Department of Transportation shall provide support and assistance to the Division in carrying out the requirements of this section, including providing access to data on mitigation credits acquired by the Department of Transportation associated with completed, ongoing, and planned transportation projects. The Division shall provide the catalog along with any relevant supporting information to the Environmental Review Commission, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Joint Legislative Transportation Oversight Committee no later than December 31, 2016.

 

Beach Nourishment Studies

SECTION 14.22.(a)  The Division of Coastal Management and the Department of Environmental Quality shall study and provide an executive summary of readily available data and existing studies on the physical and economic, storm mitigation, and public safety benefits of out‑of‑state coastal storm damage reduction and beach nourishment projects. Specific items benefitted by coastal storm damage reduction shall include, at a minimum, public infrastructure, public property, private property, small businesses, and tourism. The results of the study shall be reported no later than November 1, 2016, to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources.

SECTION 14.22.(b)  The County Tax Office of each covered county shall work together to identify all privately and publicly owned property island‑wide in the county. A covered county includes the Counties of Brunswick, New Hanover, Pender, Onslow, Carteret, Hyde, Dare, and Currituck. Each County Tax Office shall determine whether the mailing/ownership address on the tax record of such property is (i) in the county where such property is located, (ii) in a noncovered county in North Carolina, or (iii) outside the State of North Carolina. Each County Tax Office shall send an electronic list of the property addresses and matched mailing/ownership addresses suitable for electronic sorting no later than November 1, 2016, to the Department of Environmental Quality and the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources.

SECTION 14.22.(c)  The Department of Commerce shall study and provide an executive summary of readily available economic data related to the 20 coastal counties of the State for the purpose of quantifying the contribution of the coastal economy to the economy of the State as a whole, considering, at a minimum, the benefits of travel and tourism, small businesses, job creation and opportunity, and tax revenues, including property, sales, and income taxes. The Department shall report the results of the study no later than November 1, 2016, to the Department of Environmental Quality and the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources.

SECTION 14.22.(d)  The Department of Environmental Quality shall include the studies required by each subsection of this section as appendices to the Beach and Inlet Management Plan required by Section 14.6(b)(4) of S.L. 2015‑241.

 

EXTEND THE SUNSET ON ALLOWABLE TERM LENGTH OF CERTAIN STATE REVOLVING FUND LOANS

SECTION 14.23.(a)  G.S. 159G‑40(b), as amended by Section 4(a) of S.L. 2015‑207, reads as rewritten:

"(b)      Interest Rate and Maturity. – The interest rate payable on and the maximum maturity of a loan are subject to the following limitations:

(2)        Maturity. – The maximum maturity for a loan for a project that is not a high‑unit‑cost project may not exceed targeted interest rate project is 20 years or the project's expected life, whichever is shorter. The maximum maturity for a loan for a high‑unit‑cost targeted interest rate project is 30 years or the project's expected life, whichever is shorter."

SECTION 14.23.(b)  Section 4(b) of S.L. 2015‑207 reads as rewritten:

"SECTION 4.(b)  This section is effective when it becomes law and expires July October 1, 2016. The sunset does not affect the validity of any loan agreement approved by the Local Government Commission prior to the sunset or loan increases approved after the sunset, provided the loan was approved in accordance with G.S. 159G‑40, as amended by this section, prior to the sunset."

SECTION 14.23.(c)  Subsection (a) of this section becomes effective October 1, 2016. The remainder of this section is effective when it becomes law.

 

PART XiV‑a. wildlife resources commission

 

Outdoor Heritage Advisory Council

SECTION 14A.1.(a)  G.S. 143B‑344.60 reads as rewritten:

"Part 36. Outdoor Heritage Advisory Council.

"§ 143B‑344.60.  Outdoor Heritage Advisory Council.

(a)        The Outdoor Heritage Advisory Council is established within the North Carolina Wildlife Resources Commission for organizational and budgetary purposes only. The Council shall exercise all of its statutory powers independent of control by the Executive Director of the Wildlife Resources Commission. The Council shall advise State agencies and the General Assembly on the promotion of outdoor recreational activities, including, but not limited to, hiking, horseback riding, boating, sport shooting and archery, bird watching and wildlife watching, camping, swimming, hunting, trapping, and fishing in order to preserve North Carolina's outdoor heritage for future generations.

(b)        The Council shall consist of 11 13 members, appointed as follows:

(1)        Three Four members appointed by the General Assembly, upon the recommendation of the President Pro Tempore of the Senate.

(2)        Three Four members appointed by the General Assembly, upon the recommendation of the Speaker of the House of Representatives.

(3)        Three members appointed by the Governor.

(4)        One member appointed by the Commissioner of Agriculture.

(5)        One member appointed by the chair of the Wildlife Resources Commission.

All members of the Council shall have knowledge and experience in outdoor recreational activities and have a demonstrated interest in promoting outdoor heritage.

(c)        The terms of the initial members of the Council shall commence October 1, 2015. Of the Governor's initial appointments, one member shall be designated to serve a term of three years, one member shall be designated to serve a term of two years, and one member shall be designated to serve a term of one year. Of the initial appointments by the President Pro Tempore of the Senate, one member shall be designated to serve a term of three years, one member shall be designated to serve a term of two years, and one member shall be designated to serve a term of one year. Of the initial appointments by the Speaker of the House of Representatives, one member shall be designated to serve a term of three years, one member shall be designated to serve a term of two years, and one member shall be designated to serve a term of one year. The members appointed by the Commissioner of Agriculture and the chair of the Wildlife Resources Commission shall each serve an initial term of four years. After the initial appointees' terms have expired, all members shall be appointed for a term of four years. No member shall serve more than two successive terms.

Any appointment to fill a vacancy on the Council created by the resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term.

...."

SECTION 14A.1.(b)  Notwithstanding G.S. 143B‑344.60(c), the two members added by subsection (a) of this section shall serve an initial term of two years commencing October 1, 2016.

 

PART XV. Department of Commerce

 

USE OF DEOBLIGATED CDBG AND FEDERAL FUNDS

SECTION 15.1.(a)  Section 15.6(b) of S.L. 2015‑241 reads as rewritten:

"SECTION 15.6.(b)  To allow the Department of Commerce and the Department of Environment and Natural Resources to quickly deploy deobligated CDBG funds and surplus federal administrative funds as they are identified throughout each program year, the following shall apply to the use of deobligated CDBG funds and surplus federal administrative funds, unless otherwise expressly provided by law:

...

(2)        In the 2015‑2017 fiscal biennium, the Department of Commerce shall use the sum of five million nine hundred eight thousand four hundred ninety‑seven dollars ($5,908,497) ten million six hundred forty‑eight thousand one hundred eighty‑nine dollars ($10,648,189) in deobligated CDBG funds as follows:

a.         Four Three million six hundred fifty‑eight thousand four hundred ninety‑seven dollars ($4,658,497) for:($3,658,497) for providing

1.         Providing public services and public facilities. The category of public services includes providing substance abuse services and employment services, including job training, to homeless and at‑risk veterans in the State.

2.         If House Bill 108, 2015 Regular Session, becomes law, providing up to one million dollars ($1,000,000) in the 2016‑2017 fiscal year to be used to fund a loan fund for site, infrastructure, and building development. Program income generated from awards made from the loan fund shall be captured in the existing CDBG revolving loan fund.

b.         Five hundred thousand dollars ($500,000) for existing CDBG programs that encounter cost overruns.

c.         Up to seven hundred fifty thousand dollars ($750,000) for providing training and guidance to local governments relative to the CDBG program, its management, and administration requirements.

d.         Four million four hundred eighty‑nine thousand six hundred ninety‑two dollars ($4,489,692) to be transferred to the Department of Environmental Quality for water and sewer projects for public schools.

e.         One million two hundred fifty thousand dollars ($1,250,000) to the Department of Commerce to be used for the State Broadband Plan in coordination with the Broadband Infrastructure Office at the Department of Information Technology.

(3)        All deobligated CDBG funds that arise in a category that the Department of Commerce is responsible for administering after the provisions of subdivision (2) of this subsection have been met, and any Any surplus federal administrative funds, as provided for in subdivision (1) of this subsection, may be used by the Department for all of the following:

a.         To issue grants in the CDBG economic development program category.

b.         For providing training and guidance to local governments relative to the CDBG program, its management, and administrative requirements.

c.         For any other purpose consistent with the Department's administration of the CDBG program if an equal amount of State matching funds is available.

...."

SECTION 15.1.(b)  The Department of Commerce shall report on its proposed broadband initiative and its proposed use of deobligated CDBG funds to support that initiative. The report shall include details about how the initiative complies with the State broadband plan and the State's CDBG requirements. The report shall also include details about (i) the type of sites it intends to serve, (ii) a time line for proposed projects, (iii) the constituents it intends to serve, and (iv) any other expected outcomes. The Department shall submit the report to the chairs of the Economic Development and Global Engagement Committee, the chairs of the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division on or before February 1, 2017.

SECTION 15.1.(c)  The Department of Commerce, in cooperation with the Division of Marine Fisheries of the Department of Environmental Quality, shall report on the feasibility of using CDBG funds, including deobligated CDBG funds, to establish a program to assist with economic development of commercial oyster fisheries in coastal communities. The Department shall submit the report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division on or before February 1, 2017.

SECTION 15.1.(d)  The Department of Commerce, in cooperation with the Department of Agriculture and Consumer Services, shall report on the feasibility of using CDBG funds, including deobligated CDBG funds, to create a program to provide a source of funding and assistance for small food retailers operating in the State in low‑income areas to improve access to healthy foods. The Department shall submit the report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division on or before February 1, 2017.

 

MODIFY DISBURSEMENT PROCESS FROM ECONOMIC DEVELOPMENT RESERVES

SECTION 15.2.(a)  G.S. 143B‑437.63 reads as rewritten:

"§ 143B‑437.63.  JDIG Program cash flow requirements.

Notwithstanding any other provision of law, grants made through the Job Development Investment Grant Program, including amounts transferred pursuant to G.S. 143B‑437.61, shall be budgeted and funded on a cash flow basis. The Office of State Budget and ManagementDepartment of Commerce shall periodically transfer funds from the JDIG Reserve established pursuant to G.S. 143C‑9‑6 to the Department of Commerce disburse funds in an amount sufficient to satisfy grant obligations and amounts to be transferred pursuant to G.S. 143B‑437.61 to be paid during the fiscal year. It is the intent of the General Assembly to appropriate funds annually to the JDIG Program established in this Part in amounts sufficient to meet the anticipated cash requirements for each fiscal year."

SECTION 15.2.(b)  G.S. 143B‑437.75 reads as rewritten:

"§ 143B‑437.75.  Cash flow requirements.

Notwithstanding any other provision of law, moneys allocated from the One North Carolina Fund shall be budgeted and funded on a cash flow basis. The Office of State Budget and ManagementDepartment of Commerce shall periodically transfer funds from the One North Carolina Fund established pursuant to G.S. 143B‑437.71 to the Department of Commerce disburse funds in an amount sufficient to satisfy Fund allocations to be transferred pursuant to G.S. 143B‑437.72 to be paid during the fiscal year. It is the intent of the General Assembly to appropriate funds annually to the One North Carolina Fund established in this Part in amounts sufficient to meet the anticipated cash requirements for each fiscal year."

SECTION 15.2.(c)  Funds remaining as of June 30, 2016, in JDIG Reserve established pursuant to G.S. 143C‑9‑6 are transferred to the Department of Commerce for the JDIG Program established pursuant to Part 2G of Article 10 of Chapter 143B of the General Statutes.

SECTION 15.2.(d)  Funds remaining as of June 30, 2016, in One North Carolina Fund Reserve established pursuant to G.S. 143C‑9‑8 are transferred to the Department of Commerce for the One North Carolina Fund established pursuant to Part 2H of Article 10 of Chapter 143B of the General Statutes.

SECTION 15.2.(e)  G.S. 143C‑9‑6 and G.S. 143C‑9‑8 are repealed.

SECTION 15.2.(f)  Funds appropriated to the JDIG and One North Carolina Fund Reserves for the 2016‑2017 fiscal year shall be transferred to the Department of Commerce (Budget Code 14600). 

SECTION 15.2.(g)  The Office of State Budget and Management shall incorporate the recurring JDIG and One NC Fund appropriations in the base budget of the Department of Commerce.

SECTION 15.2.(h)  This section becomes effective July 1, 2016.

 

EXTEND REPORTING DEADLINE FOR BROUGHTON HOSPITAL STUDY

SECTION 15.5.(a)  Section 15.20(c) of S.L. 2014‑100 reads as rewritten:

"SECTION 15.20.(c)  No later than December 31, 2014, the Department of Commerce shall submit an interim report on the study to the Chairs of the Joint Legislative Oversight Committee on Health and Human Services, to the Chairs of the Joint Legislative Committee on Economic Development and Global Engagement, and to the Chairs of the Joint Legislative Commission on Governmental Operations. No later than June 30, 2015,2016, the Department of Administration Commerce shall submit a final report on the results of the study to the Chairs of the same committees. The Department of Commerce is designated as the lead agency with respect to the study, as well as the site control and disposition strategies, working closely with the Department of Health and Human Services, the Department of Administration, the City of Morganton, and the County of Burke."

SECTION 15.5.(b)  On or before February 1, 2017, the Department of Commerce shall submit a report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division detailing the expenditures associated with funds appropriated by the General Assembly for the Broughton Hospital campus economic development project, from the inception of the project.

 

TRAVEL AND TOURISM BOARD CHANGES

SECTION 15.6.(a)  G.S. 143B‑434.1 reads as rewritten:

"§ 143B‑434.1.  The North Carolina Travel and Tourism Board – creation, duties, membership.

...

(b)        The function and duties of the Board shall be:

...

(2)        To advise the Secretary of Commerce in the development of a budget for achieving the goals of the Travel and Tourism Policy Act, as provided in G.S. 143B‑434.2.G.S. 143B‑434.2 and the nonprofit corporation contracted to promote and market tourism.

...

(5)        To name a three‑member subcommittee, with one member from each of the eastern, central, and western regions of the State, to make recommendations to the Secretary of Commerce regarding any revisions in the matching funds tourism grants program, project applications, and criteria for projects that qualify for participation in the program.

...

(9)        To promote policies that support tourism in North Carolina.

(10)      To advise the General Assembly on tourism policy matters upon request of the Joint Legislative Oversight Committee on Governmental Operations or the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources.

(c)        The Board shall consist of 29 19 members as follows:

(1)        The Secretary of Commerce, who shall not be a voting member.

(2)        The chief executive officer of the nonprofit corporation with which the Department contracts pursuant to G.S. 143B‑431.01(b), who shall not be a voting member.

(3)        Two members One member designated by the Board of Directors of the North Carolina Restaurant and Lodging Association, representing the lodging sector.

(4)        Two members One member designated by the Board of Directors of the North Carolina Restaurant and Lodging Association, representing the restaurant sector.

(5)        Three Directors of Convention and Visitor Bureaus designated by the Board of Directors of the North Carolina Association of Convention and Visitor Bureaus.One member of the Destination Marketing Association of North Carolina designated by the Board of Directors of the Destination Marketing Association of North Carolina.

(6)        The Chairperson Chair of the Travel and Tourism Coalition or the Chairperson's Chair's designee.

(7)        The President of the North Carolina Travel Industry Association.One person who is a member of the Travel and Tourism Coalition designated by the Board of Directors of the Travel and Tourism Coalition.

(8)        A member designated by the Board of Directors of the North Carolina Travel Industry Association.

(9)        The President of the North Carolina Chamber.

(10)      One member designated by the North Carolina Petroleum Marketers Association.

(11)      One person Four persons appointed by the Speaker of the House of Representatives; one of whom shall be associated with the tourism attractions in North Carolina, appointed by the Speaker of the House of Representatives. One person who is industry and one of whom shall not be a member of the General Assembly, appointed by the Speaker of the House of Representatives.Assembly.

(12)      One person Four persons appointed by the President Pro Tempore of the Senate; one of whom shall be associated with the tourism‑related transportation industry, appointed by the President Pro Tempore of the Senate. One person who is not tourism industry and one of whom shall not be a member of the General Assembly, appointed by the President Pro Tempore of the Senate.Assembly.

(13)      Four public members each interested in matters relating to travel and tourism, two appointed by the Governor (one from a rural area and one from an urban area), one appointed by the Speaker of the House, and one appointed by the President Pro Tempore of the Senate.

(14)      One member associated with the major cultural resources and activities of the State in North Carolina, Two members appointed by the Governor.Governor, one of whom is involved in the tourism industry.

(15)      Two members of the House of Representatives, appointed by the Speaker of the House of Representatives.One at‑large member appointed by the Board of the nonprofit corporation with which the Department contracts pursuant to G.S. 143B‑431.01(b).

(16)      Two members of the Senate, appointed by the President Pro Tempore of the Senate.

(17)      Two members designated by the Board of Directors of North Carolina Watermen United who represent the charter boat/headboat industry.

(d)       The members of the Board shall serve the following terms: the Secretary of Commerce, the chief executive officer of the nonprofit corporation with which the Department contracts pursuant to G.S. 143B‑431.01(b), and the Chairperson Chair of the Travel and Tourism Coalition, the President of the North Carolina Travel Industry Association, and the President of the North Carolina Chamber Coalition shall serve on the Board while they hold their respective offices. Each member of the Board appointed by the Governor shall serve during his or her term of office. The members of the Board appointed by the General Assembly shall serve two‑year terms beginning on January September 1 of odd‑numbered years and ending on December 31 of the following year. August 31. The first such term shall begin on January 1, 1991, September 1, 2016, or as soon thereafter as the member is appointed to the Board, and end on December 31, 1992. August 31, 2018. All other members of the Board shall serve a term which consists of includes the portion of calendar year 1991 2016 that remains following their appointment or designation and ends on August 31, 2017, and, thereafter, two‑year terms which shall begin on January September 1 of an even‑numbered year and end on December 31 of the following year. August 31. The first such two‑year term shall begin on January 1, 1992, September 1, 2017, and end on December 31, 1994.August 31, 2019.

...

(g)        Board members who are employees of the State shall receive travel allowances at the rate set forth in G.S. 138‑6. Board members who are legislators shall be reimbursed for travel and subsistence in accordance with G.S. 120‑3.1. All other Board members, except those serving pursuant to subdivisions (3) through (10) (7) of subsection (c) of this section, shall receive per diem, subsistence, and travel expenses expenses, paid by the Department of Commerce, at the rate set forth in G.S. 138‑5. Board members serving pursuant to subdivisions (3) through (10) (7) of subsection (c) of this section shall not receive per diem, subsistence, or travel expenses. The expenses set forth in this section shall be paid by the Department of Commerce.expenses but shall be reimbursed at the discretion of the appointing organization.

(h)        At its first meeting in 1991, the The Board shall elect one of its voting members to serve as Chairperson during calendar year 1991. Chairperson. At its last regularly scheduled meeting in 1991, and at its last regularly scheduled meeting in each year thereafter, year, the Board shall elect one of its voting members to serve as Chairperson for the coming calendar year. No person shall serve as Chairperson during more than three consecutive calendar years. The Chairperson shall continue to serve until his or her successor is elected.

...."

SECTION 15.6.(b)  G.S. 143B‑431.01(c) reads as rewritten:

"(c)      Oversight. – There is established the Economic Development Accountability & Standards Committee, which shall be treated as a board for purposes of Chapter 138A of the General Statutes. The Committee shall consist of seven members as follows: the Secretary of Commerce as Chair of the Committee, the Secretary of Transportation, the Secretary of Environmental Quality, the Secretary of Revenue, the Chair of the North Carolina Travel and Tourism Board, one member appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives, and one member appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate, and one member appointed by the General Assembly upon the joint recommendation of the Speaker of the House of Representatives and the President Pro Tempore of the Senate. Members appointed by the General Assembly shall be appointed for four‑year terms beginning July 1 and may not be members of the General Assembly.

The Committee shall be administratively housed in the Department of Commerce. The Department of Commerce shall provide for the administrative costs of the Committee and shall provide staff to the Committee. The Committee shall meet at least quarterly upon the call of the Chair. The duties of the Committee shall include all of the following:

...

(4)        Auditing, at least biennially, by the Office of State Budget and Management, State Auditor, or internal auditors of the Department, the records of the North Carolina nonprofit corporation with which the Department has contracted pursuant to this section during and after the term of the contract to review financial documents of the corporation, performance of the corporation, and compliance of the corporation with applicable laws. A copy of any audit performed at the request of the Committee shall be forwarded to the North Carolina Travel and Tourism Board.

...."

SECTION 15.6.(c)  Subsection (a) of this section is effective when it becomes law and applies to appointments made on or after that date. Terms of appointees serving on the Board at that time expire on the effective date, but members may continue to serve until new members are appointed under this section.

 

ENCOURAGE INTER‑TIER COOPERATION FOR JDIG

SECTION 15.7.(a)  G.S. 143B‑437.53 reads as rewritten:

"§ 143B‑437.53.  Eligible projects.

(a)        Minimum Number of Eligible Positions. – A business may apply to the Committee for a grant for any project that creates the minimum number of eligible positions as set out in the table below. If the project will be located in more than one development tier area, the location with the highest development tier area designation determines the minimum number of eligible positions that must be created.follows:

Development Tier Area                                                     Number of Eligible Positions

Tier One                                                                                          10

Tier Two                                                                                         20

Tier Three                                                                                       50

…."

SECTION 15.7.(b)  Article 10 of Chapter 143B of the General Statutes is amended by adding a new section to read:

"§ 143B‑437.56A.  Multilocation projects.

(a)        Except as provided in subsection (b) of this section, if a project will be located in more than one development tier area, the location with the highest area designation determines the standards applicable under this Part to the project.

(b)        For purposes of G.S. 143B‑437.56(d), if a project will be located in more than one development tier area, the location with the lowest area designation determines the percentage of the annual grant approved for disbursement payable to the Utility Account pursuant to G.S. 143B‑437.61 if (i) the project will have at least one location in a development tier three area, (ii) the project will have at least one location in a development tier one or two area, and (iii) at least sixty‑six percent (66%) of the number of eligible positions created or the total benefits of the project to the State, as calculated pursuant to G.S. 143B‑437.52, or both are located in the lowest area designation."

SECTION 15.7.(c)  This section becomes effective January 1, 2017, and applies to awards made on or after that date.

 

Community Planners and Prosperity Zones

SECTION 15.8.  Section 4.1 of S.L. 2014‑18, as amended by Section 14.1 of 2015‑241 and Section 5.2A of S.L. 2015‑268, reads as rewritten:

"SECTION 4.1. No later than January 1, 2015, the Departments of Commerce, Environment and Natural Resources, and Transportation shall have at least one employee physically located in the same office in each of the Collaboration for Prosperity Zones set out in G.S. 143B‑28.1 to serve as that department's liaison with the other departments and with local governments, schools and colleges, planning and development bodies, and businesses in that zone. The departments shall jointly select the office. For purposes of this Part, the Department of Commerce may contract with a North Carolina nonprofit corporation pursuant to G.S. 143B‑431A, as enacted by this act, to fulfill the departmental liaison requirements for each office in each of the Collaboration for Prosperity Zones, and the Department of Environment and Natural Resources shall fulfill the departmental liaison requirements from existing and funded positions. The Department of Commerce shall additionally have at least one employee from the Rural Economic Development Division Main Street and Rural Planning Center physically located in each office in each of the Collaboration for Prosperity Zones, who shall be responsible for assisting communities in the Prosperity Zone with adding value to their economic and community development projects by assisting communities with solutions, including economic development strategic planning, land‑use planning, implementation services, downtown economic revitalization, and technical support.

No later than January 1, 2015, the Community Colleges System Office shall designate at least one representative from a community college or from the Community Colleges System Office to serve as a liaison in each Collaboration for Prosperity Zone for the community college system, the community colleges in the zone, and other educational agencies and schools within the zone. A liaison may be from a business center located in a community college. These liaisons are not required to be collocated with the liaisons from the Departments of Commerce, Environment and Natural Resources, and Transportation.

No later than January 1, 2015, the State Board of Education shall designate at least one representative from a local school administrative unit or from the Department of Public Instruction to serve as a liaison in each Collaboration for Prosperity Zone for the local school administrative units and other public schools within the zone. These liaisons are not required to be collocated with the liaisons from the Departments of Commerce, Environment and Natural Resources, and Transportation."

 

Job and Economic Development Marketing and Advertising Expansion

SECTION 15.9.(a)  Out of funds appropriated in this act to the Department of Commerce, the sum of three million seven hundred fifty thousand dollars ($3,750,000) in nonrecurring funds for the 2016‑2017 fiscal year shall be used for marketing and advertising of the State designed to promote economic development, business development, and job recruitment; provided, however, nothing in this section shall be construed to permit the use of funds for any comprehensive State branding strategy or purposes. Funds may be used for media purchases for marketing and advertising campaigns on television, online video, and print; ongoing analytics activities to track efficiency of owned and paid digital media investment in generating development and recruitment activity in the State; and additional development and deployment of online recruitment efforts of the State, including social media strategy. The Department may delegate the responsibilities provided in this section to a nonprofit corporation with which it contracts, pursuant to G.S. 143B‑431.01. Funds used pursuant to this section shall be allocated as follows:

Amount of funds                                  Use of funds

$2,500,000                                            Domestic marketing and advertising

$1,250,000                                            International marketing and advertising

SECTION 15.9.(b)  The Department of Commerce shall report on the use of all funds allocated pursuant to this section, including, at a minimum, fund expenditures that have been made or are anticipated or obligated to be made, any commissions paid, including those to a buyer for media purchases, and the results of any analytics performed, accompanied by an executive summary of the results. An initial report is due no later than March 1, 2017, and a final report is due no later than October 1, 2017. The reports shall be submitted to the Joint Legislative Economic Development and Global Engagement Oversight Committee and the Fiscal Research Division.

 

International Recruiting Coordination Office

SECTION 15.10.(a)  Part 1 of Article 10 of Chapter 143B of the General Statutes is amended by adding a new section to read:

"§ 143B‑432.2.  Department of Commerce – International Recruiting Coordination Office.

(a)        Creation. – The International Recruiting Coordination Office is created in the Department of Commerce.

(b)        Duties. – The Office shall be responsible for the following:

(1)        Entertaining and providing for the hosting of international visitors and delegations considering the State as a business destination or for economic development investment or expansion.

(2)        Procuring and providing gifts considered customary and appropriate for cultural reasons.

(3)        Screening foreign investments to identify risks to State or national security or both.

(4)        Coordinating with the nonprofit corporation with which the Department contracts pursuant to G.S. 143B‑431.01 on (i) international and domestic marketing and advertising of the State as a business destination or recipient of economic investment and (ii) performance of the duties under subdivision (1) of this subsection.

(c)        Report. – On or before October 1 of each year, the Office shall report to the chairs of the Economic Development and Global Engagement Committee, the chairs of the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division of the Legislative Services Commission on all expenditures made by the Office, including (i) the number and country of origin of individuals entertained or hosted, (ii) the number and country of origin of delegations entertained or hosted, (iii) the entertainment and hosting activities provided, and (iv) jobs and foreign investments resulting from and leads generated by entertainment and hosting activities.

(d)       Staff. – The salary of the employees of the Office shall be fixed by the Secretary. The employees shall serve at the pleasure of the Secretary and be exempt from the North Carolina Human Resources Act, as provided in G.S. 126‑5(c1)."

SECTION 15.10.(b)  G.S. 126‑5(c1) reads as rewritten:

"(c1)    Except as to the provisions of Articles 6 and 7 of this Chapter, the provisions of this Chapter shall not apply to:

(30)      Employees of the Department of Commerce employed in the Rural Economic Development Division.

(30a)    Employees of the Department of Commerce employed in the International Recruiting Coordination Office created in G.S. 143B‑432.2.

…."

 

Broadband Funding

SECTION 15.11.(a)  Of the funds appropriated in this act to the Rural Economic Development Division within the Department of Commerce, the sum of two hundred fifty thousand dollars ($250,000) shall be allocated to the Fayetteville Cumberland County Economic Development Corporation (Corporation) as a grant‑in‑aid to be used for economic development activities, to include a regional small business incubator that utilizes the broadband initiative designed for communities in Tier 1 or 2 counties. The Corporation may use funds received pursuant to this section to support a public‑private partnership entered into pursuant to G.S. 143‑128.1C, or privately owned projects, to the extent allowed by State and federal law.

SECTION 15.11.(b)  Of the funds appropriated in this act to the Rural Economic Development Division within the Department of Commerce, the sum of two hundred fifty thousand dollars ($250,000) shall be allocated to Stokes County to be used to provide broadband Internet access to underserved areas within the County.

SECTION 15.11.(c)  In cooperation with the Corporation and Stokes County, the Department shall report on the grant‑in‑aid funding allocated pursuant to this section on or before October 1, 2017, to the Fiscal Research Division. The report shall include details about how the initiative complies with the State broadband plan, a time line for proposed projects, details of any completed projects, and any other expected outcomes.

 

Downtown Revitalization Projects

SECTION 15.12.(a)  Of the funds appropriated in this act to the Rural Economic Development Division of the Department of Commerce, the sum of five million twenty dollars ($5,000,020) in nonrecurring funds for the 2016‑2017 fiscal year shall be used to provide a grant‑in‑aid in the amount of ninety‑four thousand three hundred forty dollars ($94,340) for downtown revitalization projects for each of the following municipalities: Albemarle, Angier, Asheboro, Beulaville, Boone, Burgaw, Cherryville, Clemmons, Clinton, Clyde, Cornelius, Eden, Edenton, Elizabethtown, Fayetteville, Forest City, Gastonia, Greenville, Hickory, Hillsborough, Huntersville, Jacksonville, Jefferson, Kannapolis, Kernersville, King, Kinston, Laurinburg, Lumberton, Marion, Matthews, Mint Hill, Mocksville, Mooresville, Morehead City, Mt. Airy, Pleasant Garden, Raeford, Roanoke Rapids, Rockingham, Rocky Mount, Roxboro, Salisbury, Shelby, Southport, Statesville, Thomasville, Valdese, Wadesboro, Wake Forest, Washington, Wilkesboro, and Wilson.

SECTION 15.12.(b)  Of the funds appropriated in this act to the Rural Economic Development Division of the Department of Commerce, the sum of seven hundred twenty‑five thousand dollars ($725,000) in nonrecurring funds for the 2016‑2017 fiscal year shall be used to provide a grant‑in‑aid for downtown revitalization projects for each of the following municipalities in the following amounts:

(1)        The Town of High Point – $500,000.

(2)        The Town of Louisburg – $150,000.

(3)        The Town of Wake Forest – $50,000.

(4)        The Town of Garner – $25,000.

 

PART XVI. Department of Natural and Cultural Resources

 

SALVAGE OF ABANDONED SHIPWRECKS CLARIFICATION

SECTION 16.2.  G.S. 121‑25 reads as rewritten:

"§ 121‑25.  License to conduct exploration, recovery or salvage operations.

...

(b)        All photographs, video recordings, or other documentary materials of a derelict vessel or shipwreck or its contents, relics, artifacts, or historic materials in the custody of any agency of North Carolina government or its subdivisions shall be a public record pursuant to G.S. 132‑1. There shall be no limitation on the use of or no requirement to alter any such photograph, video recordings, or other documentary material, and any such provision in any agreement, permit, or license shall be void and unenforceable as a matter of public policy.Chapter 132 of the General Statutes."

 

UMSTEAD ACT CONFORMING CHANGES

SECTION 16.3.  G.S. 66‑58 reads as rewritten:

"§ 66‑58.  Sale of merchandise or services by governmental units.

(a)        Except as may be provided in this section, it shall be unlawful for any unit, department or agency of the State government, or any division or subdivision of the unit, department or agency, or any individual employee or employees of the unit, department or agency in his, or her, or their capacity as employee or employees thereof, to engage directly or indirectly in the sale of goods, wares or merchandise in competition with citizens of the State, or to engage in the operation of restaurants, cafeterias or other eating places in any building owned by or leased in the name of the State, or to maintain service establishments for the rendering of services to the public ordinarily and customarily rendered by private enterprises, or to provide transportation services, or to contract with any person, firm or corporation for the operation or rendering of the businesses or services on behalf of the unit, department or agency, or to purchase for or sell to any person, firm or corporation any article of merchandise in competition with private enterprise. The leasing or subleasing of space in any building owned, leased or operated by any unit, department or agency or division or subdivision thereof of the State for the purpose of operating or rendering of any of the businesses or services herein referred to is hereby prohibited.

(b)        The provisions of subsection (a) of this section shall not apply to:

...

(9)        The Department of Environmental Quality. The North Carolina Wildlife Resources Commission may sell for the sale of wildlife memorabilia as a service to members of the public interested in wildlife conservation.

(9a)      The North Carolina Forest Service.

(9b)      The Department of Natural and Cultural Resources for the sale of food pursuant to G.S. 111‑47.2 and the sale of books, crafts, gifts, and other tourism‑related items and revenues from public and private special events, activities, and programming at State parks, State aquariums, historic sites and museums administered by the Department, provided that the resulting profits are used to support the operation of historic sites or museums and provided further that the those sites. This exemption does not allow the Department shall not to construct, maintain, operate, or lease a hotel or tourist inn in any park site or facility over which it has jurisdiction.jurisdiction, except that the North Carolina Zoological Park may lease a portion of the Park on which a private entity may construct and operate a hotel and related facilities. Nothing in this subdivision is intended to exempt the Park from any other applicable laws pertaining to contracting or to leasing of State property.

...."

 

State Parks Legacy Lodging Requirements

SECTION 16.3A.  No later than December 1, 2016, the Department of Natural and Cultural Resources shall report to the Fiscal Research Division and the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources regarding its plans for the operation, maintenance, and renovation of legacy lodging facilities at Haw River State Park and Hanging Rock State Park. In its report, the Department shall provide options for efficient management of the legacy lodging facilities, including self‑management, public‑private partnerships, private leasing, and other arrangements that minimize the need for recurring State funding. In its report, the Department shall identify statutory changes needed to implement the alternatives provided in the report.

 

CLARIFY VENDING FACILITIES EXEMPTION

SECTION 16.4.(a)  G.S. 111‑47.2 reads as rewritten:

"§ 111‑47.2.  Food service at State parks, museums and historic sites operated by the Department of Natural and Cultural Resources.

Notwithstanding this Article, the North Carolina Department of Natural and Cultural Resources may operate or contract for the operation of food or vending services at State parks, museums and historic sites operated by the Department. Notwithstanding G.S. 111‑43, the net proceeds of revenue generated by food and vending services provided at museums and historic sites operated by the Department or a vendor with whom the Department has contracted shall be credited to the appropriate fund of the museum or historic siteDepartment where the funds were generated and shall be used for the operation of that State park, museum or historic site."

SECTION 16.4.(b)  This section shall not apply to any existing contract for food or vending services at any attraction managed by the Department of Natural and Cultural Resources entered into prior to July 1, 2016.

 

GRASSROOTS SCIENCE AMENDMENTS

SECTION 16.5.  G.S. 143B‑135.227 reads as rewritten:

"§ 143B‑135.227.  Grassroots science competitive grant program.North Carolina Science Museums Grant Program.

(a)        Grant Program. – The North Carolina State Museum of Natural Sciences (hereinafter "Museum of Natural Sciences") shall administer the Grassroots ScienceNorth Carolina Science Museums Grant Program as a competitive grant program. Any museum in the State may apply for a grant under the program, including a museum that has received a grant‑in‑aid as a grassroots science museum in prior fiscal years, Program, but grant funds shall be awarded only if the museum meets the criteria established in subsection (d) of this section. No museum shall be guaranteed a grant under the competitive grant program.Program.

(b)        Transition Requirements. – For the 2016‑2017 fiscal year, the Museum of Natural Sciences shall award grants for a one‑year period as set forth in this subsection. Any museum may submit an application for funding. If the museum received funding during the 2015‑2016 fiscal year under the Grassroots Science Program, and the Museum of Natural Sciences determines those museums meet the criteria for funding established in subsection (d) of this section, it shall be funded at a level determined as set forth in subsection (b1) of this section. Funds remaining after funding of eligible 2015‑2016 fiscal year Grassroots Science Program recipients may be awarded to other museums under the criteria set forth in subsections (b1), (d), and (e) of this section.

(b1)      Tier‑Based Funding Preferences. –  the The Museum of Natural Sciences shall reserve seven hundred fifty thousand dollars ($750,000) for the purpose of awarding grants to museums located in development tier one counties and six hundred thousand dollars ($600,000) for museums located in development tier two counties. The development tier designation of a county shall be determined as provided in G.S. 143B‑437.08. If, after the initial awarding of grants to all museum applicants who meet the eligibility criteria provided for in subsection (d) of this section, there are funds remaining in any development tier category, the Museum of Natural Sciences may reallocate those funds to another development tier category. The maximum amount of each grant awarded in the 2016‑2017any fiscal year shall be (i) seventy‑five thousand dollars ($75,000) for a museum in a development tier one county; (ii) sixty thousand dollars ($60,000) for a museum in a development tier two county; and (iii) fifty thousand dollars ($50,000) for a museum in a development tier three county.

(c)        Beginning July 1, 2017, it is the intent of the General Assembly that the Museum of Natural Sciences shall award grants under this program for a two‑year period. For each two‑year grant cycle, the Museum of Natural Sciences shall reserve the amounts for development tier one and tier two counties and shall award the maximum grant amounts for each year of the grant cycle as provided in subsection (b)(b1) of this section. All The tier‑based funding preferences in subsection (b1) of this section and other provisions of subsections (b), the requirements of subsections (d), (d) and (e) of this section shall apply to the two‑year grants. If there are funds remaining after the awarding of grants to all museum applicants meeting the eligibility criteria set forth in subsection (d) of this section in any grant cycle, the remaining balance of funds shall be distributed equally to all museum applicants awarded funds during that grant cycle without regard to the maximum grant amounts established in subsection (b1) of this section.

(d)       To be eligible to receive a grant under the competitive grant program, a museum shall demonstrate:

(1)        That it is a science center or museum or a children's museum that is physically located in the State.

(2)        That it has been open, operating, and exhibiting science or science, technology, engineering, and math (STEM) education objects to the general public at least 120 days of each year for the past two or more years.

(3)        That it is either (i) a nonprofit organization that is exempt from federal income taxes pursuant to section 501(c)(3) of the Internal Revenue Code.Code or (ii) an organization that received funding in fiscal year 2015‑2016 from the Grassroots Science Program.

(4)        That it has on its staff at least one full‑time professional person.

(5)        That its governing body has adopted a mission statement that includes language that shows the museum has a concentration on science or STEM education and that the adopted mission statement has been in effect for the past two or more years.education.

(6)        In its application, in a format to be determined by the Museum of Natural Sciences, a detailed plan for (i) the proposed use of the funds and (ii) measurements to demonstrate at the end of the grant cycle that the use of the funds has had the projected results.

...

(f)        The Department may create one new position to administer the program using no more than fifty thousand dollars ($50,000) of funds appropriated to the North Carolina Science Museums Grant Program in each fiscal year. In addition to administering the Grant Program, this position shall also (i) serve as a liaison between grant applicants or recipients and the Museum to answer questions and assist with grant applications; (ii) foster collaboration between the Museum and grant recipients with respect to education program development and the loaning of exhibits from the Museum or between grantee institutions; and (iii) undertake other duties in support of the Grant Program at the discretion of the Director of the Museum."

 

MODIFY ZOO AND AQUARIUM SPECIAL FUNDS

SECTION 16.6.(a)  G.S. 143B‑135.209 reads as rewritten:

"§ 143B‑135.209.  North Carolina Zoo Fund.

...

(b)        Disposition of Fees.Receipts. – All fee receipts derived from the collection of admissions charges and other fees and the lease or rental of property or facilities shall be credited to the North Carolina Zoological Park's General Fund operating budget. At the end of each fiscal year, the Secretary may transfer from the North Carolina Zoological Park's General Fund operating budget to the North Carolina Zoo Fund an amount not to exceed one million dollars ($1,000,000).the sum of one million five hundred thousand dollars ($1,500,000) and any private donations received by the North Carolina Zoological Park.

(c)        Approval. – The Secretary may approve the use of the North Carolina Zoo Fund for repair and renovation projects at the North Carolina Zoological Park recommended by the Council that comply with the following:

(1)        The total project cost is less than three hundred thousand dollars ($300,000).

(2)        The project meets the requirements of G.S. 143C‑4‑3(b).

(3)        The project is paid for from funds appropriated to the Fund.

(4)        The project does not obligate the State to provide increased recurring funding for operations.

(d)       Report. – The Department shall submit to the House and Senate appropriations committees with jurisdiction over natural and economic resourcesJoint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division by September 30 of each year a report on the North Carolina Zoo Fund that shall include the source and amounts of all funds credited to the Fund and the purpose and amount of all expenditures from the Fund during the prior fiscal year."

SECTION 16.6.(b)  G.S. 143B‑135.188 reads as rewritten:

"§ 143B‑135.188.  North Carolina Aquariums; fees; fund.

...

(c)        Disposition of Fees.Receipts. – All fee receipts derived from the collection of admissions charges and other fees and the lease or rental of property or facilities shall be credited to the aquariums' General Fund operating budget. At the end of each fiscal year, the Secretary may transfer from the North Carolina aquariums' General Fund operating budget to the North Carolina Aquariums Fund an amount not to exceed the sum of the following:

(1)        One million dollars ($1,000,000).One million five hundred thousand dollars ($1,500,000).

(2)        The amount needed to cover the expenses described by subdivision (2) of subsection (b) this section.

(3)        Any private donations received by the North Carolina aquariums.

(d)       Approval. – The Secretary may approve the use of the North Carolina Aquariums Fund for repair and renovation projects at the aquariums‑related facilities that comply with the following:

(1)        The total project cost is less than three hundred thousand dollars ($300,000).

(2)        The project meets the requirements of G.S. 143C‑4‑3(b).

(3)        The project is paid for from funds appropriated to the Fund.

(4)        The project does not obligate the State to provide increased recurring funding for operations.

...

(f)        Report. – The Department shall submit to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division by September 30 of each year a report on the North Carolina Aquariums Fund that shall include the source and amounts of all funds credited to the Fund and the purpose and amount of all expenditures from the Fund during the prior fiscal year."

 

PARKS AND RECREATION TRUST FUND ELIGIBILITY

SECTION 16.7.  G.S. 143B‑135.56(b)(1) reads as rewritten:

"(1)      Sixty‑five percent (65%) for the State Parks System or a State recreational forest for capital projects, repairs and renovations of park facilities, and land acquisition."

 

UPDATE SYMPHONY CONTRACT

SECTION 16.9.  The North Carolina Symphony and the North Carolina Symphony Society, Inc., shall review and update the contractual agreement used with all nonsymphony performers no later than October 1, 2016, and shall submit for review the updated agreement to the Joint Legislative Commission on Government Operations by November 1, 2016, together with a summary of all changes made to the agreement as a result of the review.

 

Montford Point Memorial Funds

SECTION 16.10.(a)  The General Assembly finds all of the following:

(1)        In 1941, amid the escalating mobilization of World War II, what is now Marine Corps Base Camp Lejeune was established as Marine Corps Barracks New River to serve as an operational staging area on the east coast of the United States for the 1st Marine Division and the 1st Marine Air Wings of the United States Marine Corps.

(2)        In 1942, President Franklin D. Roosevelt issued a presidential directive giving African‑Americans the opportunity to be recruited into the Marine Corps.

(3)        These first African‑American recruits were sent, not to traditional boot camps at Parris Island, South Carolina, and San Diego, California, but to a separate training facility established at Montford Point within Camp Lejeune.

(4)        Between 1942 and 1949, approximately 20,000 African‑American Marines received basic training at Montford Point and went on to serve their country with honor and distinction; and paved the way for African‑American Marines to serve their country in every role and capacity within the United States Marine Corps.

(5)        The Montford Point Marine Association was established in 1965 to honor and memorialize the courage, service, and bravery of these first African‑American Marines.

(6)        The membership of the Montford Point Marine Association includes many of the remaining members of the original Montford Point Marines and their direct descendants.

(7)        In partnership with the Montford Point Marine Association and numerous other donors, the City of Jacksonville and the County of Onslow, North Carolina, have honored the Montford Point Marines through the provision of generous funding to construct a Memorial within the City of Jacksonville's Memorial Park.

(8)        Additional funds are necessary to complete the Memorial while some of the Montford Point Marines are still living.

(9)        The Memorial will be officially dedicated in July 2016 during the 51st Annual Meeting of the Montford Point Marine Association, to be held in Jacksonville in July 2016.

SECTION 16.10.(b)  Of the funds appropriated to the Parks and Recreation Trust Fund for the 2016‑2017 fiscal year to provide matching grants to local governmental units, the sum of three hundred thirty thousand dollars ($330,000) is allocated to the City of Jacksonville for completion of Phase II of the Montford Point Marine Memorial within the city's Memorial Park.

SECTION 16.10.(c)  Notwithstanding any law or policy to the contrary, the one‑to‑one match required by G.S. 143B‑135.56(b)(2), is met by the four hundred fifty thousand dollars ($450,000) already provided by the City of Jacksonville and Onslow County for Phase I of the Memorial.

 

PART XVII. Department of Public Safety

 

SUBPART XVII‑A. General provisions

 

REPEAL POSITION RECLASSIFICATION AUTHORITY

SECTION 17A.1.  Section 16A.3 of S.L. 2015‑241 is repealed.

 

NO TRANSFER OF POSITIONS TO OTHER STATE AGENCIES

SECTION 17A.2.(a)  Notwithstanding any other provision of law, the Office of State Budget and Management shall not transfer any positions, personnel, or funds from the Department of Public Safety to any other State agency during the 2015‑2017 fiscal biennium unless the transfer was included in the base budget for one or both fiscal years of the biennium. This subsection shall not apply to any of the following annual transfers to the Office of the Governor:

(1)        Two hundred thirty‑four thousand eight hundred ninety‑one dollars ($234,891) for administrative support.

(2)        Up to fifty thousand dollars ($50,000) for litigation expenses.

SECTION 17A.2.(b)  This section becomes effective July 1, 2015. If any transfers that violate this section are made prior to this section becoming effective, those transfers shall be undone within 15 days of this section becoming effective.

 

CLARIFY THAT SBI DIRECTOR EXERCISES POWERS INDEPENDENTLY

SECTION 17A.3.  G.S. 143B‑600(b) reads as rewritten:

"(b)      The powers and duties of the deputy secretaries, commissioners, directors, and the divisions of the Department shall be subject to the direction and control of the Secretary of Public Safety, except that the powers and duties of the North Carolina Alcoholic Beverage Control Commission shall be exercised independently of the Secretary, in accordance with G.S. 18B‑200.following agencies shall be exercised independently of the Secretary in accordance with the following statutes:

(1)        The North Carolina Alcoholic Beverage Control Commission, in accordance with G.S. 18B‑200.

(2)        The State Bureau of Investigation, in accordance with G.S. 143B‑915."

 

Veterans Life Center Reporting

SECTION 17A.4.(a)  Report Prior to Expenditure of State Funds. – The Veterans Leadership Council of North Carolina‑Cares shall not spend the funds appropriated in this act for the Veterans Life Center until it has reported to the Department of Public Safety and to the Department of Military and Veterans Affairs all of the following:

(1)        The mission of the Veterans Life Center.

(2)        An itemization of all of the operating and capital costs of the Center.

(3)        Identification of all funding sources available to support the Veterans Life Center.

SECTION 17A.4.(b)  Report After Expenditure of State Funds. – No later than August 1, 2017, The Veterans Leadership Council of North Carolina‑Cares shall report to the Department of Public Safety and to the Department of Military and Veterans Affairs on the expenditure of the funds appropriated to it in this act for the Veterans Life Center.

SECTION 17A.4.(c)  Reports Are in Addition to Others Required. – The requirements of this section are in addition to the reporting requirements set forth in Article 6 of Chapter 143C of the General Statutes.

 

SUBPART XVII‑B. Division of Law Enforcement

 

REQUIRE QUARTERLY VIPER REPORT

SECTION 17B.1.  Section 16B.2 of S.L. 2015‑241 reads as rewritten:

"SECTION 16B.2. The Department of Public Safety shall report annually no later than March 1 and quarterly thereafter to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety on the progress of the State's VIPER system."

 

CHANGE DOMESTIC VIOLENCE HOMICIDE REPORT DUE DATE

SECTION 17B.2.  G.S. 143B‑901 reads as rewritten:

"§ 143B‑901.  Reporting system and database on certain domestic‑violence‑related homicides; reports by law enforcement agencies required; annual report to the General Assembly.

The Department of Public Safety, in consultation with the North Carolina Council for Women/Domestic Violence Commission, the North Carolina Sheriffs' Association, and the North Carolina Association of Chiefs of Police, shall develop a reporting system and database that reflects the number of homicides in the State where the offender and the victim had a personal relationship, as defined by G.S. 50B‑1(b). The information in the database shall also include the type of personal relationship that existed between the offender and the victim, whether the victim had obtained an order pursuant to G.S. 50B‑3, and whether there was a pending charge for which the offender was on pretrial release pursuant to G.S. 15A‑534.1. All State and local law enforcement agencies shall report information to the Department of Public Safety upon making a determination that a homicide meets the reporting system's criteria. The report shall be made in the format adopted by the Department of Public Safety. The Department of Public Safety shall report to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety, no later than February April 1 of each year, with the data collected for the previous calendar year."

 

SUBPART XVII‑C. Division of Adult Correction

 

MISDEMEANANT CONFINEMENT PROGRAM

SECTION 17C.1.(a)  Recurring funds appropriated for the Statewide Misdemeanant Confinement Fund shall be used for the Statewide Misdemeanant Confinement Program. These funds shall not be transferred to a special fund. This subsection shall apply beginning with the 2016‑2017 fiscal year and shall remain in effect beyond the 2015‑2017 fiscal biennium.

SECTION 17C.1.(b)  G.S. 148‑10.4(e) is repealed.

SECTION 17C.1.(c)  Of the funds appropriated in this act for the Statewide Misdemeanant Confinement Program:

(1)        The sum of one million dollars ($1,000,000) shall be transferred to the North Carolina Sheriffs' Association, Inc., a nonprofit corporation, to support the Program and for administrative and operating expenses of the Association and its staff.

(2)        The sum of two hundred twenty‑five thousand dollars ($225,000) shall be allocated to the Division of Adult Correction for its administrative and operating expenses for the Program.

SECTION 17C.1.(d)  G.S. 148‑32.1 reads as rewritten:

"§ 148‑32.1.  Local confinement, costs, alternate facilities, parole, work release.

...

(b1)      It is the intent of the General Assembly to authorize the Division of Adult Correction to enter into voluntary agreements with counties to provide housing for misdemeanants serving periods of confinement of more than 90 days and for all sentences imposed for impaired driving under G.S. 20‑138.1, regardless of length. It is further the intent of the General Assembly that the Division of Adult Correction, in conjunction with the North Carolina Sheriffs' Association, Inc., establish a program for housing misdemeanants serving periods of confinement of more than 90 days and for all sentences imposed for impaired driving under G.S. 20‑138.1, regardless of length. It is also the intent of the General Assembly that the Division of Adult Correction contract with the North Carolina Sheriffs' Association, Inc., to provide a service that identifies space in local confinement facilities that is available for housing these misdemeanants.

The General Assembly intends that the cost of housing and caring for these misdemeanants, including, but not limited to, care, supervision, transportation, medical, and any other related costs, be covered by State funds and not be imposed as a local cost. Therefore, the General Assembly intends that the funds in the Statewide Misdemeanant Confinement Fund established in G.S. 148‑10.4appropriated for the Statewide Misdemeanant Confinement Program be used to provide funding to cover the costs of managing a system for providing that housing of misdemeanants in local confinement facilities as well as reimbursing the counties for housing and related expenses for those misdemeanants.

(b2)      The Statewide Misdemeanant Confinement Program is established. The Program shall provide for the housing of misdemeanants from all counties serving sentences imposed for a period of more than 90 days and for all sentences imposed for impaired driving under G.S. 20‑138.1, regardless of length. Those misdemeanants shall be confined in local confinement facilities except as provided in subsections (b3) and (b4) of this section. The Program shall address methods for the placement and transportation of inmates and reimbursement to counties for the housing of those inmates. Any county that voluntarily agrees to house misdemeanants from that county or from other counties pursuant to the Program may enter into a written agreement with the Division of Adult Correction to do so.

This Program shall only operate as long as sufficient State funds are available through the Statewide Misdemeanant Confinement Fund established in G.S. 148‑10.4(c).

...."

 

INMATE GRIEVANCE RESOLUTION BOARD REPORT CHANGES

SECTION 17C.2.  Section 16C.13B(b) of S.L. 2015‑241 reads as rewritten:

"SECTION 16C.13B.(b)  The Department of Public Safety and the Inmate Grievance Resolution Board shall report by October 1 of each year to the chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety and the Joint Legislative Oversight Committee on Justice and Public Safety on the Inmate Grievance Resolution Board. The annual report shall include the following with respect to the prior fiscal year:

(1)        Brief summary of the inmate grievance process.

(2)        Number of grievances submitted togrievance appeals received by the Board.

(3)        Number of grievancesgrievance appeals resolved by the Board.

(4)        Type of grievance by category.

(5)        Number of orders filedwritten by examiners."

 

MEDICAL COSTS FOR INMATES AND JUVENILE OFFENDERS

SECTION 17C.2A.  G.S. 143B707.3 reads as rewritten:

"§ 143B‑707.3.  Medical costs for inmates and juvenile offenders.

...

(c)        The Department of Public Safety shall report November 1, 2016 and quarterly thereafer to the Joint Legislative Oversight Committee on Justice and Public Safety and the chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety on:

(1)        The number of the total inmates and juvenile offenders requiring hospitalization or hospital services who receive that treatment at each hospital.

(2)        The volume of services provided by community medical providers that can be scheduled in advance and, of that volume, the percentage of those services that are provided by contracted providers.

(3)        The volume of services provided by community medical providers that cannot be scheduled in advance and, of that volume, the percentage of those services that are provided by contracted providers.

(4)        The volume of services provided by community medical providers that are emergent cases requiring hospital admissions and emergent cases not requiring hospital admissions.

(4a)      The volume of scheduled and emergent services listed by hospital and, of that volume, the number of those services that are provided by contracted and noncontracted providers.

(4b)      The volume of scheduled and emergent admissions listed by hospital and, of that volume, the percentage of those services that are provided by contracted and noncontracted providers.

(5)        The volume of inpatient medical services provided to Medicaid‑eligible inmates and juvenile offenders, the cost of treatment, and the estimated savings of paying the nonfederal portion of Medicaid for the services.services, and the length of time between the date the claim was filed and the date the claim was paid.

(5a)      The status of the implementation of the claims processing system and efforts to address the backlog of unpaid claims.

(6)        The hospital utilization, including the amount paid to individual hospitals, the number of inmates and juvenile offenders served, and the number of claims.claims, and whether the hospital was a contracted or noncontracted facility.

(7)        The total cost and volume for the previous fiscal quarter for emergency room visits originating from Central Prison and NCCIW Hospitals to UNC Hospitals, UNC Rex Healthcare, and WakeMed Hospital.

(8)        The total payments for Medicaid and nonMedicaid eligible inmates to UNC Hospitals, UNC Rex Healthcare, and WakeMed Hospital, including the number of days between the date the claim was filed and the date the claim was paid.

(9)        A list of hospitals under contract.

Reports submitted on August 1 shall include totals for the previous fiscal year for all the information requested.

(d)       The Department of Public Safety shall study whether contracts to provide inmate health services can be expanded to additional hospitals. The Department shall report the findings of its study to the chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety no later than February 1, 2017. The report shall include a list of hospitals considered for expansion and reasons for or against expanding to each hospital."

 

STUDY WHETHER PROBATION AND PAROLE OFFICERS SHOULD TAKE STATE VEHICLES HOME

SECTION 17C.3.  The Department of Public Safety, in consultation with the Department of Administration and the Department of Revenue, shall study whether probation and parole officers should be allowed to take their State vehicles home with them, and the possible tax implications of doing so, and report their findings and recommendations to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety by March 1, 2017.

 

REVISION TO TREATMENT FOR EFFECTIVE COMMUNITY SUPERVISION REPORT

SECTION 17C.4.  G.S. 143B‑1155(c) reads as rewritten:

"(c)      The Division of Adult Correction The Department of Public Safety, Community Corrections Section, shall report by March 1 of each year to the Chairs of the Senate and House of Representatives Appropriations Subcommittees on Justice and Public Safety and the Joint Legislative Oversight Committee on Justice and Public Safety on the status of the programs funded through the Treatment for Effective Community Supervision Program. The report shall include the following information:information from each of the following components:

(1)        The dollar amount and purpose of funds provided on a contractual basis to service providers for the previous fiscal year and the amount of any funds carried over from the previous fiscal year.Recidivism Reduction Services:

a.         The method by which offenders are referred to the program.

b.         The target population.

c.         The amount of services contracted for and the amount of funding expended in each fiscal year.

d.         The supervision type.

e.         The risk level of the offenders served.

f.          The number of successful and unsuccessful core service exits with a breakdown of reasons for unsuccessful exits.

g.         The demographics of the population served.

h.         The number and kind of mandatory and optional services received by offenders in this program.

i.          Employment status at entry and exit.

j.          Supervision outcomes, including completion, revocation, and termination.

(2)        An analysis of offender participation data received, including the following:Community Intervention Centers (CIC):

a.         The number of people on probation and post‑release supervision that are in the priority population that received services.The target population.

b.         The number of people on probation and post‑release supervision that are in the priority population that did not receive services.The amount of funds contracted for and expended each fiscal year.

c.         The number of people on probation and post‑release supervision outside of the priority population that received services.The supervision type.

d.         The type of services provided to these populations, including data on each program's utilization, capacity, and completion rates.The risk level of the offenders served.

e.         The rate of revocations and the educational progress and employment status of people who received services.The number of successful and unsuccessful core service exits with a breakdown of reasons for unsuccessful exits.

f.          Other measures as determined appropriate.The demographics of the population served.

g.         Supervision outcomes, including completion, revocation, and termination.

(3)        The dollar amount needed to provide additional services to meet the needs of the priority population in the upcoming budget year.Transitional and Temporary Housing:

a.         The target population.

b.         The amount of funds contracted for and expended each fiscal year.

c.         The supervision type.

d.         The risk level of the offenders served.

e.         The number of successful and unsuccessful core service exits with a breakdown of reasons for unsuccessful exits.

f.          The demographics of the population served.

g.         The employment status at entry and exit.

h.         Supervision outcomes, including completion, revocation, and termination.

(4)        Details of personnel, travel, contractual, operating, and equipment expenditures for each program type.Local Reentry Councils (LRC):

a.         The target population.

b.         The amount of funds contracted for and expended each fiscal year.

c.         The supervision type.

d.         The risk level of the offenders served.

e.         The number of successful and unsuccessful core service exits with a breakdown of reasons for unsuccessful exits.

f.          The demographics of the population served.

g.         The employment status at entry and exit including, wherever possible, the average wage received at entry and exit.

h.         Supervision outcomes, including completion, revocation, and termination.

(5)        Intensive Outpatient Services. – If the Department enters into a contract for Intensive Outpatient Services, the Department of Public Safety shall report in the next fiscal year on this service including the following:

a.         The target population.

b.         The amount of funds contracted for and expended each fiscal year.

c.         The supervision type.

d.         The risk level of the offenders served.

e.         The number of successful and unsuccessful core service exits with a breakdown of reasons for unsuccessful exits.

f.          The demographics of the population served.

g.         Supervision outcomes, including completion, revocation, and termination."

 

CHANGE PAYMENT STRUCTURE FOR RECIDIVISM REDUCTION SERVICES

SECTION 17C.5.  G.S. 143B‑1156 is amended by adding a new subsection to read:

"(e)      The Department shall pay service providers the contract base award upon initiation of services with the remaining payments made as milestones are reached as stated in the contract for services. Should the vendor cancel or terminate the contract prior to its conclusion, the vendor shall reimburse the Department for the unearned pro rata portion of the base award."

 

SUBPART XVII‑D. National Guard [reserved]

 

PART XVIII. Department of Justice

 

CREATION OF SOCIAL MEDIA TRAINING FOR LAW ENFORCEMENT

SECTION 18.1.  The North Carolina Justice Academy shall develop and make available to law enforcement officers in this State an online training course on the use of social media. The course shall include methods individual law enforcement officers can take to protect their personal information.

 

LAW ENFORCEMENT CERTIFICATION AND TRAINING CLARIFICATION 

SECTION 18.2.  G.S. 17C‑6(a)(7) reads as rewritten:

"(7)      Certify and recertify, suspend, revoke, or deny, pursuant to the standards that it has established for the purpose, criminal justice instructors and school directors who participate in programs or courses of instruction that are required by this Chapter.Chapter or are required and approved by their respective criminal justice agency to include those certified under Chapter 17E or an educational institution accredited by the Commission."

 

PART XIX. Judicial Department [reserved]

 

SUBPART XIX‑A. Office of Indigent Defense Services

 

STUDY CAPITAL CASE PROSECUTION

SECTION 19A.3.(a)  The Office of Indigent Defense Services, in consultation with the Conference of District Attorneys, shall study what changes can be made to the current system of identifying, from the pool of cases in which a defendant is charged with first degree or undesignated murder, those that merit the cost of a capital prosecution and defense. The study shall also examine what steps can be taken to facilitate the appointment of local counsel in most cases and determine if any costs or savings may be realized by changing the current procedures for prosecuting or defending capital cases. The Office of Indigent Defense Services shall report its findings and make any recommendations to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety by March 1, 2017.

SECTION 19A.3.(b)  The Office of Indigent Defense Services shall study the need for new satellite offices to handle potentially capital cases at the trial level which shall be staffed by full‑time assistant capital defenders and appropriate support staff in areas in which the use of salaried attorneys will ensure that effective representation is provided in a cost‑effective manner. The Office of Indigent Defense Services shall consider the addition of capital defenders to existing public defender offices before making a recommendation as to the creation of separate satellite offices. If it is determined that such offices should be established, the Office of Indigent Defense Services shall provide data regarding (i) the determination to create new satellite offices, (ii) the counties to be serviced by the offices, (iii) the number of attorney appointments made in the counties served, (iv) the number of attorney appointments made in the counties served in the past three fiscal years, and (v) the current number of eligible private counsel and local public defenders who are available in those counties. The Office of Indigent Defense Services shall report its findings and recommendations to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety by March 1, 2017.

 

UNIFORM FEE SCHEDULE FOR IDS PILOT PROJECT

SECTION 19A.4.(a)  Pilot Project. – The Administrative Office of the Courts, in conjunction with the Office of Indigent Defense Services and the chief district court judges and judicial district bars of certain selected judicial districts, shall establish and implement a pilot project to establish a uniform fee schedule for the payment of attorneys' fees for legal representation of indigent persons in district court. The purpose of the project is to create a uniform fee schedule that (i) provides the funding necessary to cover the cost of legal representation of indigent persons and (ii) may be used as a standard to compare and evaluate attorneys' fees paid for the representation of persons in district court in any of the legal actions or proceedings listed in G.S. 7A‑451(a).

SECTION 19A.4.(b)  Sites. – The Administrative Office of the Courts shall, after consultation with the Office of Indigent Defense Services, select one or more counties in at least six judicial districts in which to implement the pilot project. Two of those counties shall have small caseloads in district court; two shall have medium caseloads in district court; and two shall have large caseloads in district court. Any judicial district selected by the Administrative Office of the Courts shall participate in the pilot project. The following districts shall not be selected as sites for the implementation of the pilot project: District 10, District 18, and District 26.

SECTION 19A.4.(c)  Criteria. – The Administrative Office of the Courts shall consult with and collaborate with the Office of Indigent Defense Services and with the chief district court judges and district bar of each of the judicial districts selected to participate in the pilot project when developing the fee schedule and the plan for its implementation. All of the following criteria shall be considered and addressed when developing the fee schedule:

(1)        The amount required to cover the full cost of providing adequate legal services and representation to indigent persons.

(2)        The procedure for and time frame within which attorneys' fees shall be awarded.

(3)        A methodology, to be implemented as part of the pilot project, that provides for review of the uniform fee schedule at least every biennium and that incorporates appropriate increases in the uniform fee schedule based on the information from the review.

(4)        Any other criteria deemed relevant by the Administrative Office of the Courts.

SECTION 19A.4.(d)  Time Frame. – The Administrative Office of the Courts shall select one or more counties in at least six judicial districts to participate in the pilot project by February 1, 2017. The Administrative Office of the Courts shall complete the development of the fee schedule for the pilot project by March 1, 2017. The Administrative Office of the Courts, the Office of Indigent Defense Services, and the selected judicial districts shall begin implementation of the pilot project within the district court of each judicial district by April 1, 2017.

SECTION 19A.4.(e)  Report. – The Administrative Office of the Courts shall report by May 1, 2017, to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety on the status of the six judicial districts selected and the fee schedule developed. The Administrative Office of the Courts shall report on the results of the pilot project to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety by March 15, 2018. The Administrative Office of the Courts shall continue to monitor the pilot project after making its initial report and shall report by March 15 every two years thereafter on its findings and any recommendations regarding the pilot projects to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety.

 

SUBPART XIX‑B. Administrative Office of the Courts

 

GRANT FUNDS

SECTION 19B.1.  Section 18A.4 of S.L. 2015‑241 reads as rewritten:

"SECTION 18A.4. Notwithstanding G.S. 143C‑6‑9, the Administrative Office of the Courts may use up to the sum of one million five hundred thousand dollars ($1,500,000) in each year of the fiscal biennium from funds available to the Department to provide the State match needed in order to receive grant funds. Prior to using funds for this purpose, the Department shall report to the Chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety on the grants to be matched using these funds."

 

COLLECTION OF WORTHLESS CHECK FUNDS

SECTION 19B.2.  Section 18A.5(a) of S.L. 2015‑241 reads as rewritten

"SECTION 18A.5.(a)  Notwithstanding the provisions of G.S. 7A‑308(c), the Judicial Department may use any balance remaining in the Collection of Worthless Checks Fund on June 30, 2015, for the purchase or repair of office or information technology equipment during the 2015‑2016 fiscal year.year and may use any balance remaining in the Collection of Worthless Checks Fund on June 30, 2016, for the purchase or repair of office or information technology equipment during the 2016‑2017 fiscal year. Prior to using any funds under this section, the Judicial Department shall report to the chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety and the Office of State Budget and Management on the equipment to be purchased or repaired and the reasons for the purchases."

 

Additional District Court Judges for Districts 19A and 27B

SECTION 19B.3.(a)  G.S. 7A‑133(a) reads as rewritten:

"§ 7A‑133.  Numbers of judges by districts; numbers of magistrates and additional seats of court, by counties.

(a)        Each district court district shall have the numbers of judges as set forth in the following table:

District                              Judges                                                 County

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––‑

1                                      5                                                      Camden

                                                                                                Chowan

                                                                                                Currituck

                                                                                                Dare

                                                                                                Gates

                                                                                                Pasquotank

                                                                                                Perquimans

2                                      4                                                      Martin

                                                                                                Beaufort

                                                                                                Tyrrell

                                                                                                Hyde

                                                                                                Washington

3A                                   5                                                      Pitt

3B                                   6                                                      Craven

                                                                                                Pamlico

                                                                                                Carteret

4                                      8                                                      Sampson

                                                                                                Duplin

                                                                                                Jones

                                                                                                Onslow

5                                      9                                                      New Hanover

                                                                                                Pender

6                                      4                                                      Northampton

                                                                                                Bertie

                                                                                                Hertford

                                                                                                Halifax

7                                      7                                                      Nash

                                                                                                Edgecombe

                                                                                                Wilson

8                                      6                                                      Wayne

                                                                                                Greene

                                                                                                Lenoir

9                                      4                                                      Granville

                                                                                                (part of Vance

                                                                                                see subsection (b))

                                                                                                Franklin

9A                                   2                                                      Person

                                                                                                Caswell

9B                                   2                                                      Warren

                                                                                                (part of Vance

                                                                                                see subsection (b))

10                                  19                                                      Wake

11                                  11                                                      Harnett

                                                                                                Johnston

                                                                                                Lee

12                                  10                                                      Cumberland

13                                    6                                                      Bladen

                                                                                                Brunswick

                                                                                                Columbus

14                                    7                                                      Durham

15A                                 4                                                      Alamance

15B                                 5                                                      Orange

                                                                                                Chatham

16A                                 6                                                      Scotland

                                                                                                Hoke

                                                                                                Anson

                                                                                                Richmond

16B                                 5                                                      Robeson

17A                                 3                                                      Rockingham

17B                                 4                                                      Stokes

                                                                                                Surry

18                                  14                                                      Guilford

19A                               45                                                      Cabarrus

19B                                 7                                                      Montgomery

                                                                                                Moore

                                                                                                Randolph

19C                                 5                                                      Rowan

20A                                 2                                                      Stanly

20B                                 1                                                      (part of Union

                                                                                                see subsection (b))

20C                                 2                                                      (part of Union

                                                                                                see subsection (b))

20D                                 1                                                      Union

21                                  11                                                      Forsyth

22A                                 5                                                      Alexander

                                                                                                Iredell

22B                                 6                                                      Davidson

                                                                                                Davie

23                                    4                                                      Alleghany

                                                                                                Ashe

                                                                                                Wilkes

                                                                                                Yadkin

24                                    4                                                      Avery

                                                                                                Madison

                                                                                                Mitchell

                                                                                                Watauga

                                                                                                Yancey

25                                    9                                                      Burke

                                                                                                Caldwell

                                                                                                Catawba

26                                  21                                                      Mecklenburg

27A                                 7                                                      Gaston

27B                               56                                                      Cleveland

                                                                                                Lincoln

28                                    7                                                      Buncombe

29A                                 3                                                      McDowell

                                                                                                Rutherford

29B                                 4                                                      Henderson

                                                                                                Polk

                                                                                                Transylvania

30                                    6                                                      Cherokee

                                                                                                Clay

                                                                                                Graham

                                                                                                Haywood

                                                                                                Jackson

                                                                                                Macon

                                                                                                Swain.

SECTION 19B.3.(b)  This section becomes effective December 1, 2016.

 

PART XX. Department of Military and Veterans Affairs

 

RENAME BLACK MOUNTAIN VETERANS HOME

SECTION 20.1.  The North Carolina State Veterans Home in Black Mountain shall be renamed the "Zebulon Doyle Alley State Veterans Home".

 

STUDY CREATION OF NORTH CAROLINA MILITARY HALL OF FAME

SECTION 20.2.  The Department of Military and Veterans Affairs shall study the feasibility of creating a North Carolina Military Hall of Fame to recognize the contributions to the State and nation of members of the military with connections to North Carolina. The Department shall report its findings to the chairs of the Joint Legislative Oversight Committee on General Government no later than November 1, 2016. The report required by this section shall address all of the following:

(1)        The desirability and feasibility of creating a North Carolina Military Hall of Fame.

(2)        Appropriate potential locations in this State for a Military Hall of Fame.

(3)        Projected costs of creating a Military Hall of Fame and potential revenue streams associated with the Military Hall of Fame that could be used to offset some or all of those costs.

(4)        Recommendations regarding the structure of the administration of the Military Hall of Fame.

(5)        Potential processes for selecting members of the military for inclusion in the Military Hall of Fame.

(6)        Methods for ensuring active involvement of the active and reserve components of the military in the operation of the Military Hall of Fame.

(7)        Any other matter that the Department deems relevant.

 

PART XXI. Office of Administrative Hearings [reserved]

 

PART XXII. Treasurer

 

LINE OF DUTY DEATH BENEFITS TO INCLUDE CANCER AS OCCUPATIONAL DISEASE

SECTION 22.1.(a)  G.S. 143‑166.2(c) reads as rewritten:

"(c)      The term "killed in the line of duty" shall apply to any law‑enforcement officer, firefighter, rescue squad worker who is killed or dies as a result of bodily injuries sustained or of extreme exercise or extreme activity experienced in the course and scope of his official duties while in the discharge of his official duty or duties. When applied to a senior member of the Civil Air Patrol as defined in this Article, "killed in the line of duty" shall mean any such senior member of the North Carolina Wing‑Civil Air Patrol who is killed or dies as a result of bodily injuries sustained or of extreme exercise or extreme activity experienced in the course and scope of his official duties while engaged in a State requested and approved mission pursuant to Article 13 of Chapter 143B of the General Statutes. For purposes of this Article, when a law enforcement officer, firefighter, rescue squad worker, or senior Civil Air Patrol member dies as the direct and proximate result of a myocardial infarction suffered while on duty or within 24 hours after participating in a training exercise or responding to an emergency situation, the law enforcement officer, firefighter, rescue squad worker, or senior Civil Air Patrol member is presumed to have been killed in the line of duty. For the purposes of this Article, when a firefighter dies as a direct and proximate result of any of the following cancers that are occupationally related to firefighting, that firefighter is presumed to have been killed in the line of duty:

(1)        Mesothelioma.

(2)        Testicular cancer.

(3)        Intestinal cancer."

SECTION 22.1.(b)  This section becomes effective October 1, 2016, and applies to deaths occurring on or after that date.

 

ABLE PROGRAM TRUST REPORT

SECTION 22.2.  No later than December 1, 2016, the Department of State Treasurer shall report to the Joint Legislative Oversight Committee on General Government on the status of the Achieving a Better Life Experience (ABLE) Program Trust as established under Article 6F of Chapter 147 of the General Statutes. The report shall include all of the following:

(1)        A description of various organizational structures and approaches that may be utilized to implement the ABLE Program Trust.

(2)        A comparison of the advantages and disadvantages of the various organizational structures and approaches that may be utilized to implement the ABLE Program Trust.

(3)        Information regarding implementation discussions and plans of the multistate ABLE consortium.

(4)        Information about plan design and implementation in other states, including Virginia, South Carolina, and Tennessee.

(5)        Detailed costs of implementing and operating the ABLE Program Trust as a single‑state program operated within North Carolina as compared to entering into an agreement with another state or states for operation.

(6)        Upon consideration of the various approaches to implementation of the ABLE Program Trust, a detailed plan for implementation in North Carolina and the status of that implementation. The cost of the detailed plan for implementation shall be within the Department of State Treasurer's current appropriation for the ABLE Program Trust.

 

PART XXIII. Department of Insurance

 

INSURANCE REGULATORY CHARGE

SECTION 23.1.  The percentage rate to be used in calculating the insurance regulatory charge under G.S. 58‑6‑25 is six and one‑half percent (6.5%) for the 2017 calendar year.

 

PART XXIV. State Board of Elections

 

STATE BOARD OF ELECTIONS/ACCESS TO DMV RECORDS

SECTION 24.1.  G.S. 20‑43(a) reads as rewritten:

"(a)      All records of the Division, other than those declared by law to be confidential for the use of the Division, shall be open to public inspection during office hours in accordance with G.S. 20‑43.1. A signature recorded in any format by the Division for a drivers license or a special identification card is confidential and shall not be released except for law enforcement purposes.purposes or to the State Chief Information Officer for purposes of G.S. 143B‑1385 or the State Board of Elections in connection with its official duties under Chapter 163 of the General Statutes. A photographic image recorded in any format by the Division for a drivers license or a special identification card is confidential and shall not be released except for law enforcement purposes or to the State Chief Information Officer for the purposes of G.S. 143B‑1385.G.S. 143B‑1385 or the State Board of Elections in connection with its official duties under Chapter 163 of the General Statutes."

 

PART XXV. General Assembly

 

SCHOOL CONSTRUCTION NEEDS STUDY

SECTION 25.1.  The Joint Legislative Program Evaluation Oversight Committee shall amend the 2016‑2017 Program Evaluation Division work plan to direct the Division to contract with an outside entity to (i) perform an independent assessment of school construction needs and (ii) determine which of the local school administrative units have the highest facility needs in relation to their capacity to raise revenue to meet those needs. The Program Evaluation Division shall report the results of this study to the Joint Legislative Program Evaluation Oversight Committee and the Joint Legislative Economic Development and Global Engagement Oversight Committee on or before March 15, 2017.

 

PART XXVI. Office of the Governor [reserved]

 

PART XXVII. Office of State Budget and Management

 

IMPROVE BUDGETING TRANSPARENCY/OFFICE OF STATE TREASURER

SECTION 27.1.(a)  The Office of State Budget and Management shall study the feasibility of converting the following Funds within Budget Code 13410, Department of the State Treasurer, from receipt‑supported to General Fund‑supported: 1110 General Administration, 1130 Escheat Fund, 1150 Information Services, 1210 Investment Management Division, 1310 Local Government, 1410 Retirement Operations Division Fund, and 1510 Financial Operations Division. The Office of State Budget and Management shall develop a proposed plan and schedule to adjust the Base Budget as follows:

(1)        Show that receipts from the Funds listed in this subsection are used to offset General Fund appropriations.

(2)        Reflect that receipts generated from the Investment Management Division, the Escheat Fund, and the Local Government Operations Division Fund and any interest earnings be deposited as nontax revenue.

(3)        Eliminate all transfers used to pay for administration in Funds 1110, 1150, and 1510 from Funds 1130, 1210, 1310, and 1410.

(4)        Identify any amendments to current law needed to implement the proposed plan.

(5)        Require the Department of the State Treasurer's expenditures be recorded in the North Carolina Accounting System in the appropriate budget code, fund code, and account code and not be charged directly to the Investment Asset Classes.

SECTION 27.1.(b)  The Office of State Budget and Management shall present its proposed plan and recommendations to the December 2016 meeting of the Joint Legislative Oversight Committee on General Government. The Office of State Budget and Management shall not make any changes to the presentation of the Treasurer's budget until the General Assembly enacts changes.

 

SYMPHONY CHALLENGE GRANT

SECTION 27.2.  Section 23.1(a) of S.L. 2015‑241 reads as rewritten:

"SECTION 23.1.(a)  Of the funds appropriated in this act to the Office of State Budget and Management, Special Appropriations, the sum of one two million five hundred thousand dollars ($1,500,000)($2,000,000) in recurring funds for each year of the 2015‑2017the 2016‑2017 fiscal biennium and the sum of five hundred thousand dollars ($500,000) in nonrecurring funds for each year of the 2015‑2017 fiscal biennium year shall be allocated to the North Carolina Symphony in accordance with this section. It is the intent of the General Assembly that the North Carolina Symphony raise at least nine million dollars ($9,000,000) in non‑State funds each year of the 2015‑2017 fiscal biennium. The North Carolina Symphony cannot use funds transferred from the organization's endowment to its operating budget to achieve the fund‑raising targets set out in subsections (b) and (c) of this section."

 

CONNECT NC BOND ADMINISTRATION

SECTION 27.3.  Of the funds appropriated in this act to the Office of State Budget and Management, the sum of two hundred seventy‑eight thousand two hundred dollars ($278,200) in recurring funds for the 2016‑2017 fiscal year shall be used only to support review of Connect NC Bond project requests and to ensure compliance with capital improvement regulations and processes. Positions created during the 2016‑2017 fiscal year for the purpose of supporting review of Connect NC Bond project requests and ensuring compliance shall be used only for that purpose, and those positions shall be eliminated as soon as administration of the Connect NC Bond is complete.

 

DISPOSITION OF CERTAIN FUNDS

SECTION 27.4.(a)  G.S. 143C‑6‑23(f1)(1) shall not apply to funds appropriated for the 2015‑2016 fiscal year for the following:

(1)        School construction funds for the construction of a collocated middle and high school in Jones County.

(2)        Grant‑in‑aid to Project Healing Waters Fly Fishing, Inc., for transporting veterans to recreational activities. These funds may also be used by Project Healing Waters Fly Fishing, Inc., for travel and lodging expenses associated with recreational activities for veterans.

(3)        Grant‑in‑aid to the Averasboro Battlefield Commission to assist with the purchase and relocation of the Shaw Halfway House. These funds shall instead be allocated to Averasboro Town Restoration Association, Inc., for the purchase and relocation of the Shaw Halfway House.

SECTION 27.4.(b)  G.S. 143C‑6‑23(f1)(1) shall not apply to funds appropriated for the 2016‑2017 fiscal year for school construction funds for the construction of a collocated middle and high school in Jones County.

SECTION 27.4.(c)  Subsection (a) of this section becomes effective June 30, 2016.

 

North Carolina Policy Collaboratory at the University of North Carolina at Chapel Hill

SECTION 27.5.  Of the funds appropriated in this act to the Office of State Budget and Management, Special Appropriations, up to the sum of three million five hundred thousand dollars ($3,500,000) in nonrecurring funds for the 2016‑2017 fiscal year shall be allocated to the Board of Trustees of the University of North Carolina at Chapel Hill for operation of the North Carolina Policy Collaboratory. Allocations made pursuant to this section shall be matched by the Board of Trustees on the basis of one dollar ($1.00) in allocated funds for every one dollar ($1.00) in non‑State funds that the Board of Trustees raises by June 30, 2017, for the purposes of operating the Collaboratory. These funds shall be in addition to any other funds appropriated in this act for the North Carolina Policy Collaboratory at the University of North Carolina at Chapel Hill.

 

Support Department of Applied Physical Sciences at UNC‑Chapel Hill

SECTION 27.6.  Of the funds appropriated in this act to the Office of State Budget and Management, Special Appropriations, up to the sum of four million dollars ($4,000,000) in nonrecurring funds for the 2016‑2017 fiscal year shall be allocated to the Board of Trustees of the University of North Carolina at Chapel Hill for operation of the Department of Applied Physical Sciences. Allocations made pursuant to this section shall be matched by the Board of Trustees on the basis of one dollar ($1.00) in allocated funds for every one dollar ($1.00) in non‑State funds that the Board of Trustees raises by June 30, 2017, for the purposes of operating the Department of Applied Physical Sciences.

 

PART XXVIII. State Auditor [reserved]

 

PART XXIX. Housing Finance Agency [reserved]

 

PART XXX. Department of the Secretary of State [reserved]

 

PART XXXI. Office of Lt. Governor [reserved]

 

PART XXXII. Department of Administration

 

STUDY E‑PROCUREMENT SERVICE

SECTION 32.1.  The Joint Legislative Oversight Committee on General Government shall study the management of North Carolina's E‑Procurement Service, including the amount of the vendor transaction fee charged to suppliers and the delay in implementation of an e‑bidding module within the system. The Committee shall report its findings, including any recommendations for proposed legislation, to the 2017 General Assembly.

 

AUTOCLAVE MAINTENANCE

SECTION 32.4.  The Department of Administration (DOA) shall, in conjunction with the Office of State Budget and Management and the Department of Health and Human Services, identify available funds which shall be used to pay the vendor with whom DOA has a contract for the 2016‑2017 fiscal year for the maintenance of the autoclave in the State Public Health Laboratory. DOA shall not renew the contract when it expires and shall not enter into any other contract or agreement for the maintenance of the autoclave. Upon the expiration of the contract between DOA and the vendor, the Division of Public Health, Department of Health and Human Services, is authorized to enter into a contract for the maintenance of the autoclave.

 

TRANSFER FUNCTIONS OF YOUTH ADVOCACY AND INVOLVEMENT OFFICE TO COUNCIL FOR WOMEN/TRANSFER YOUTH LEGISLATIVE ASSEMBLY

SECTION 32.5.(a)  The North Carolina Council for Women and the Youth Advocacy and Involvement Office shall be consolidated within the Department of Administration and reorganized as the North Carolina Council for Women and Youth Involvement, as provided in subsection (b) of this section.

SECTION 32.5.(b)  Part 10 of Article 9 of Chapter 143B of the General Statutes reads as rewritten:

"Part 10. North Carolina Council for Women.Women and Youth Involvement.

"§ 143B‑393.  North Carolina Council for Women and Youth Involvement – creation; powers and duties.

(a)        There is hereby created the North Carolina Council for Women and Youth Involvement of the Department of Administration. The North Carolina Council for Women shall have the following functions and duties:

...

(1a)      To advise the Governor or Secretary of Administration upon any matter relating to the following programs and organizations:

a.         North Carolina Internship Council and the North Carolina State Government Internship Program.

b.         SADD (Students Against Destructive Decisions).

c.         State Youth Councils.

...

(b)        The programs listed in subdivision (1a) of subsection (a) of this section shall be administered in a nonpartisan manner and shall not disseminate or advocate partisan principles or ideas, promote the candidacy of any person seeking public office or preferment, or use State funds to disseminate or advocate partisan principles or ideas or to promote political candidates or appointees.

…."

SECTION 32.5.(c)  Article 9 of Chapter 143B of the General Statutes is amended by adding a new Part to read:

"Part 10E. Youth Councils."

SECTION 32.5.(d)  Except G.S. 143B‑387.1, G.S. 143B‑385 through G.S. 143B‑388 are recodified as G.S. 143B‑394.25 through G.S. 143B‑394.28 under Part 10E of Article 9 of Chapter 143B of the General Statutes, as enacted by subsection (c) of this section.

SECTION 32.5.(e)  Article 9 of Chapter 143B of the General Statutes is amended by adding a new Part to read:

"Part 10F. North Carolina Internship Council."

SECTION 32.5.(f)  G.S. 143B‑417 through G.S. 143B‑419 are recodified as G.S. 143B‑394.31 through G.S. 143B‑394.33 under Part 10F of Article 9 of Chapter 143B of the General Statutes, as enacted by subsection (e) of this section.

SECTION 32.5.(g)  G.S. 143B‑419, as recodified by subsection (f) of this section, reads as rewritten:

"§ 143B‑394.33.  North Carolina Internship Council – committees for screening applications.

The North Carolina Internship Council may designate one representative from each office or department enumerated in G.S. 143B‑417 G.S. 143B‑394.31 to serve on a committee to assist pursuant to guidelines adopted by the Council, in the screening and selection of applicants for student internships."

SECTION 32.5.(h)  G.S. 7B‑1402 reads as rewritten: