GENERAL ASSEMBLY OF NORTH CAROLINA

1993 SESSION

 

 

CHAPTER 321

SENATE BILL 27

 

AN ACT TO MAKE CONTINUATION AND EXPANSION BUDGET APPROPRIATIONS FOR CURRENT OPERATIONS OF STATE DEPARTMENTS, INSTITUTIONS, AND AGENCIES, AND FOR OTHER PURPOSES.

 

The General Assembly of North Carolina enacts:

 

INTRODUCTION

Section 1.  The appropriations made in this act are for maximum amounts necessary to provide the services and accomplish the purposes described in the budget.  Savings shall be effected where the total amounts appropriated are not required to perform these services and accomplish these purposes and, except as allowed by the Executive Budget Act, or this act, the savings shall revert to the appropriate fund at the end of each fiscal year.

 

Requested by:  Senators Daniel, Plyler, Representatives Nesbitt, Diamont

TITLE OF ACT

Sec. 2.  This act shall be known as the Current Operations Appropriations Act of 1993.

 

PART 1.  GENERAL FUND APPROPRIATIONS

 

CURRENT OPERATIONS/GENERAL FUND

Sec. 3.  Appropriations from the General Fund of the State for the maintenance of the State departments, institutions, and agencies, and for other purposes as enumerated are made for the biennium ending June 30, 1995, according to the schedule that follows.  Amounts set out in brackets are reductions from General Fund appropriations for the 1993-94 and 1994-95 fiscal years.

 

Current Operations - General Fund                                                    1993-94            1994-95

 

General Assembly                                                                         $21,235,599        $24,732,877

 

Judicial Department                                                                      247,922,854        250,716,110

 

Office of the Governor

01.       Office of the Governor                                                   5,591,133            5,860,409

02.       Office of State Budget

and Management                                                                          3,311,982            3,434,483

03.       Office of State Planning                                                 1,580,119            1,604,233

 

Office of the Lieutenant Governor                                                     598,002                599,843

 

Department of Secretary of State                                                    4,878,150            4,837,901

 

Department of State Auditor                                                            8,401,577            7,845,701

 

Department of State Treasurer

01.       State Treasurer                                                                 5,867,689            6,344,754

02.       Special Contributions                                                     5,437,248            5,437,248

 

Public Education

01.       Department of Public

Instruction                                                                      55,921,458          54,539,621

02.       State Aid to Local School

Administrative Units                                               3,501,446,758     3,523,885,399

03.       State Board of Education                                                     98,408                  98,408

Total Public Education                                                              3,557,466,624     3,578,523,428

 

Department of Justice                                                                    54,052,134          54,357,084

 

Department of Administration                                                       51,301,446          52,530,060

 

Department of Agriculture                                                             43,012,661          42,953,239

 

Department of Labor                                                                      13,775,815          13,830,286

 

Department of Insurance                                                                13,640,140          12,998,139

 

Department of Transportation

01.       Aeronautics                                                                      8,516,571            9,016,571

02.       Aid to Railroads                                                                    96,305                100,000

Total Department of

Transportation                                                                                    8,612,876            9,116,571

 

Department of Environment, Health, and

Natural Resources                                                                        207,323,665        215,469,490

 

Office of Administrative Hearings                                                  1,929,239            1,933,500

 

Rules Review Commission                                                                  258,516                258,593

 

Department of Human Resources

01.       DHR - Secretary                                                            13,563,208          13,636,858

02.       Division of Aging                                                          12,257,170          12,319,395

03.       Schools for the Deaf and

Hard of Hearing                                                             21,895,398          22,145,677

04.       Social Services                                                            183,475,062        192,970,884

05.       Medical Assistance                                                     860,289,202     1,009,564,797

06.       Social Services - State Aid to

Non-State Agencies                                                        7,011,725            6,711,725

07.       Division of Services for the Blind                               13,915,564          14,431,625

08.       Division of Mental Health,

Developmental Disabilities, and

Substance Abuse Services                                          440,684,269        448,468,682

09.       Division of Facility Services                                       74,508,291          99,256,351

10.       Division of Vocational

Rehabilitation Services                                                 23,525,990          24,241,967

11.       Division of Youth Services                                          53,333,891          53,826,841

Total Department of Human Resources                                  1,704,459,770     1,897,574,802

 

Department of Correction                                                           558,747,680        590,578,595

 

Department of Commerce

01.       Commerce                                                                     39,083,978          31,913,823

02.       Biotechnology Reserve                                                  7,014,396            7,014,396

03.       MCNC                                                                            15,680,000          15,680,000

04.       REDC                                                                               1,470,000            1,470,000

 

Department of Revenue                                                                  57,254,295          53,914,171

 

Department of Cultural Resources                                                42,355,631          42,699,770

 

Department of Crime Control

and Public Safety                                                                             29,520,666          27,447,220

 

Office of the State Controller                                                          6,405,431            6,411,017

 

University of North Carolina - Board

of Governors

01.       General Administration                                                17,200,841          17,166,323

02.       University Institutional

Programs                                                                        45,110,245          34,641,173

03.       Related Educational Programs                                     47,116,796          47,732,771

04.       University of North Carolina

at Chapel Hill

a.         Academic Affairs                                            137,621,265        139,521,105

b.         Health Affairs                                                  109,719,612        111,962,193

c.         Area Health Education

Centers                                                               32,351,252          32,347,434

05.       North Carolina State University

at Raleigh

a.         Academic Affairs                                            179,626,831        180,459,614

b.         Agricultural Research Service                         36,838,445          36,903,257

c.         Cooperative Extension Service                        28,882,861          28,613,730

06.       University of North Carolina at

Greensboro                                                                    55,765,417          55,961,841

07.       University of North Carolina at

Charlotte                                                                        59,807,408          60,072,862

08.       University of North Carolina at

Asheville                                                                        17,274,278          17,376,386

09.       University of North Carolina at

Wilmington                                                                    34,024,551          34,264,199

10.       East Carolina University

a.         Academic Affairs                                              75,557,468          76,109,240

b.         Division of Health Affairs                                37,715,639          37,768,125

11.       North Carolina Agricultural and

Technical State University                                           41,202,109          41,430,408

12.       Western Carolina University                                       36,951,472          37,011,981

13.       Appalachian State University                                       53,291,855          53,368,375

14.       Pembroke State University                                          16,639,745          16,742,244

15.       Winston-Salem State University                                 16,623,929          16,751,903

16.       Elizabeth City State

University                                                                      15,683,323          15,703,970

17.       Fayetteville State University                                        19,563,111          19,942,709

18.       North Carolina Central

University                                                                      28,319,792          28,533,237

19.       North Carolina School of the

Arts                                                                                   8,078,021            8,097,592

20.       North Carolina School of

Science and Mathematics                                               7,569,189            7,619,946

21.       UNC Hospitals at Chapel Hill                                      40,690,416          43,476,135

Total University of North

Carolina - Board of Governors                                                 1,199,225,871     1,199,578,753

 

Department of Community Colleges                                          412,797,941        404,414,482

 

State Board of Elections                                                                      545,539                545,885

 

Contingency and Emergency                                                            1,125,000            1,125,000

 

Reserve for Salary Increases

a.         2% Salary Increase                                                     112,052,142        116,549,560

b.         Wage Floor for Lowest

Paid Employees                                                                  135,500                135,500

Reserve for

Compensation Bonus                                                                      34,244,460                           -

 

Reserve for Public School

Employees' Sick Leave

Bank                                                                                                    1,000,000            1,000,000

 

Reserve for Restoring Paydate                                                    214,200,000                           -

 

Reserve for Salary Adjustments                                                          500,000                500,000

 

Reserve for Lowest Paid Employees                                              1,400,724            1,400,724

 

Reserve for OSHA - Bloodborne Pathogens                                  1,000,000            1,000,000

 

Reserve for Retiree 30% Reduction                                              (7,247,298)         (7,247,298)

 

Reserve for Retirement Rate Change                                              1,316,400            1,316,400

 

Debt Service                                                                                    92,263,558          89,113,783

 

Local Government Shared Revenue                                            236,824,154        236,824,154

 

Health Care Initiatives                                                                      5,500,000            2,000,000

 

GRAND TOTAL CURRENT OPERATIONS -

GENERAL FUND                                                                   $9,025,073,307  $9,016,344,686

 

PART 2.  CURRENT OPERATIONS/HIGHWAY FUND

 

Sec. 4.  Appropriations from the Highway Fund of the State for the maintenance and operation of the Department of Transportation, and for other purposes as enumerated, are made for the biennium ending June 30, 1995, according to the following schedule:

 

Current Operations - Highway Fund                                                 1993-94            1994-95

 

Department of Transportation

01.       Administration                                                          $  41,039,126      $  38,232,451

02.       Division of Highways

a.         Administration and

Operations                                                         33,415,706          33,440,792

b.         State Construction

(01)     Primary Construction                                         -                         -

(02)     Secondary Construction                    66,486,917       66,884,639

(03)     Urban Construction                               20,000,000          20,000,000

(04)     Access and Public

Service Roads                                          2,000,000            2,000,000

(05)     Spot Safety

Improvements                                          9,100,000            9,100,000

c.         State Funds to Match Federal

Highway Aid

(01)     Construction                                          37,020,332          37,020,332

(02)     Planning Survey and Highway

            Planning Research                                2,959,649         2,959,649

d.         State Maintenance

(01)     Primary                                                  98,104,791        100,168,650

(02)     Secondary                                            171,916,160        175,543,548

(03)     Urban                                                      25,796,101          26,358,971

(04)     Contract Resurfacing                            87,500,000          87,500,000

e.         Ferry Operations                                               15,541,455          15,541,455

03.       Division of Motor Vehicles                                         79,025,411          78,654,819

04.       Governor's Highway Safety Program                                290,923                291,575

05.       State Aid to Municipalities                                          66,486,917          66,884,639

06.       State Aid for Public

Transportation                                                               10,596,461          10,646,921

07.       Salary Adjustments for Highway

Fund Employees                                                                 200,000                200,000

08.       Reserve to Correct Occupational

Safety and Health Conditions                                            425,000                425,000

09.       Debt Service                                                                  37,359,875          27,664,550

10.       Reserve for Compensation

Increases                                                                          7,109,156         7,109,156

11.       Reserve for Transportation

Study                                                                                    222,750             346,500

12.       Reserve for Air Cargo

Authority                                                                             750,000             750,000

 

Reserve for Compensation Bonus                                             3,481,723                        -

 

Reserve for Retirement Formula

Change                                                                                             113,000             113,000

 

Emergencies and Inflationary Adjustment                                1,085,490         1,585,490

 

Appropriations for Other State Agencies

01.       Crime Control and Public

Safety                                                                             92,671,325       93,601,574

02.       Other Agencies

a.         Department of Agriculture                                             3,057,180         3,030,245

b.         Department of Revenue                                                  2,063,522         2,065,412

c.         Department of Environment,

Health, and Natural Resources:

LUST Trust Fund                                                             4,809,298         4,904,343

Chemical Test Program                                                     371,944             373,407

d.         Department of Correction                                              4,614,056         4,614,056

e.         Department of Public

Instruction                                                                      23,188,826       23,188,826

f.          Department of State

Treasurer                                                                          9,900,000       10,500,000

 

GRAND TOTAL CURRENT OPERATIONS -

HIGHWAY FUND                                                              $  958,703,093 $  951,700,000

 

PART 3.  HIGHWAY TRUST FUND

 

Sec. 5.  Appropriations from the Highway Trust Fund are made for the fiscal biennium ending June 30, 1995, according to the following schedule:

 

Highway Trust Fund                                                                          1993-94               1994-95

 

01.       Intrastate System                                                    $  213,689,246    $  226,572,368

02.       Secondary Roads Construction                                    49,470,987          51,222,727

03.       Urban Loops                                                                  86,407,031          91,616,429

04.       State Aid - Municipalities                                            22,420,986          23,772,726

05.       Program Administration                                               15,711,750          16,215,750

06.       Transfer to General Fund                                           170,000,000        170,000,000

 

GRAND TOTAL/HIGHWAY TRUST FUND                           $557,700,000     $ 579,400,000

 

PART 4.  BLOCK GRANT APPROPRIATIONS

 

Requested by:  Senators Richardson, Hyde, Walker, Representatives Easterling, Nye, Redwine, Hill, Dickson

DHR BLOCK GRANT PROVISIONS

Sec. 6.  (a) Appropriations from federal block grant funds are made for the fiscal year ending June 30, 1994, according to the following schedule:

 

COMMUNITY SERVICES BLOCK GRANT

 

01.       Community Action Agencies                                                                   $  9,105,422

02.       Limited Purpose Agencies                                                                              505,857

 

03.       Department of Human Resources

to administer and monitor

the activities of the

Community Services Block Grant                                                                  505,857

 

TOTAL COMMUNITY SERVICES BLOCK GRANT                                           $  10,117,136

 

SOCIAL SERVICES BLOCK GRANT

 

01.       County Departments of Social Services                                               $  42,253,005

 

02.       Allocation for In-Home Services provided

by County Departments of

Social Services                                                                                                 458,722

 

03.       Division of Mental Health, Developmental

Disabilities, and Substance Abuse                                                               5,519,178

 

04.       Division of Services for the Blind                                                               3,205,711

 

05.       Division of Youth Services                                                                          1,052,674

 

06.       Division of Facility Services                                                                           336,575

 

07.       Division of Aging                                                                                             334,663

 

08.       Day Care Services                                                                                       12,158,899

 

09.       Volunteer Services                                                                                             55,458

 

10.       State Administration and State Level

Contracts                                                                                                        3,473,524

 

11.       Voluntary Sterilization Funds                                                                            98,710

 

12.       Transfer to Maternal and Child

Health Block Grant                                                                                       1,585,833

 

13.       Adult Day Care Services                                                                                  306,323

 

14.       County Departments of Social Services for

Child Abuse/Prevention and

Permanency Planning                                                                                       394,841

 

15.       Allocation to Division of Maternal and

Child Health for Grants-in-Aid to Prevention

Programs                                                                                                           439,261

 

16.       Transfer to Preventive Health

Block Grant for Emergency Medical Services

and Basic Public Health Services                                                                    695,834

 

17.       Allocation to Preventive Health Block

Grant for AIDS Education                                                                                  81,001

 

18.       Allocation to Department of Administration

for North Carolina Fund for Children                                                               45,270

 

19.       Allocation to Home and Community Care

Block Grant for Persons Age 60

and Older                                                                                                        1,649,077

 

20.       Allocation to the Division of Economic

Opportunity for Head Start,

Elderly and Handicapped Services                                                                  197,421

 

TOTAL SOCIAL SERVICES BLOCK GRANT                                                       $ 74,341,980

 

LOW INCOME ENERGY BLOCK GRANT

 

01.       Energy Assistance Programs                                                                  $ 16,672,034

 

02.       Crisis Intervention                                                                                         5,411,563

 

03.       Administration                                                                                               2,413,779

 

04.       Weatherization Program                                                                               2,100,000

 

05.       Indian Affairs                                                                                                       33,022

 

TOTAL LOW INCOME ENERGY BLOCK GRANT                                             $ 26,630,398

 

MENTAL HEALTH SERVICES BLOCK GRANT

 

01.       Provision of Community-Based

Services in accordance with the

Mental Health Study Commission's

Adult Severe and Persistently

Mentally Ill Plan                                                                                         $ 3,794,179

 

02.       Provision of Community-Based

Services in accordance with the

Mental Health Study Commission's

Child Mental Health Plan                                                                             1,802,819

 

03.       Administration                                                                                                  514,037

 

TOTAL MENTAL HEALTH SERVICES BLOCK GRANT                                      $ 6,111,035

 

BLOCK GRANT FOR THE PREVENTION AND

TREATMENT OF SUBSTANCE ABUSE

 

01.       Provision of Community-Based

Alcohol and Drug-Abuse Services,

Tuberculosis Services, and Services

provided by the Alcohol, Drug-Abuse

Treatment Centers                                                                                   $ 10,335,939

 

02.       Continuation and Expansion of

Services for Pregnant Women and

Women with Dependent Children                                                                4,795,389

 

03.       Continuation and Expansion of

Services to IV Drug Abusers and others

at risk for HIV diseases                                                                                5,567,328

 

04.       Provision of services in accordance with

the Mental Health Study Commission's

Child and Adolescent Alcohol and other

Drug-Abuse Plan                                                                                           4,396,416

 

05.       Administration                                                                                               1,669,460

 

TOTAL BLOCK GRANT FOR PREVENTION

AND TREATMENT OF SUBSTANCE ABUSE                                                      $ 26,764,532

 

CHILD CARE AND DEVELOPMENT BLOCK GRANT

 

01.       Child Day Care Services                                                                         $ 14,953,945

 

02.       Administrative Expenses and Quality

and Availability Initiatives                                                                            1,544,405

 

03.       Before and After School Child Care Programs

and Early Childhood Development Programs                                             5,010,698

 

04.       Quality Improvement Activities                                                                   1,480,737

 

TOTAL CHILD CARE AND DEVELOPMENT

BLOCK GRANT                                                                                                        $ 22,989,785

 

(b)       Decreases in Federal Fund Availability

If federal funds are reduced below the amounts specified above after the effective date of this act, then every program, in each of the federal block grants listed above, shall be reduced by the same percentage as the reduction in federal funds.

(c)       Increases in Federal Fund Availability

Any block grant funds appropriated by the United States Congress in addition to the funds specified in this act shall be expended by the Department of Human Resources, with the approval of the Office of State Budget and Management, provided the resultant increases are in accordance with federal block grant requirements and are within the scope of the block grant plan approved by the General Assembly.  All these budgeted increases shall be reported to the Joint Legislative Commission on Governmental Operations and to the Director of the Fiscal Research Division.

This subsection shall not apply to Job Training Partnership Act funds.

(d)       If funds appropriated through the Child Care and Development 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 other programs, in accordance with the federal requirements of the grant, in order to use the federal funds fully.

 

Requested by:  Senator Martin of Pitt, Representatives Bowman, DeVane

NER BLOCK GRANT PROVISIONS

Sec. 7.  (a) Appropriations from federal block grant funds are made for the fiscal year ending June 30, 1994, according to the following schedule:

 

TOTAL JOB TRAINING PARTNERSHIP ACT                                                      $ 53,841,243

 

COMMUNITY DEVELOPMENT BLOCK GRANT

01.       State Administration                                                                                 $  1,026,940

 

02.       Urgent Needs and Contingency                                                                    2,242,830

 

03.       Housing Development                                                                                  2,242,829

 

04.       Economic Development                                                                               8,971,318

 

05.       Community Revitalization                                                                          31,399,613

 

06.       State Technical Assistance                                                                              463,470

 

TOTAL COMMUNITY DEVELOPMENT

BLOCK GRANT                                                                                                        $ 46,347,000

 

MATERNAL AND CHILD HEALTH SERVICES

 

01.       Healthy Mother/Healthy Children

            Block Grants to Local Health

            Departments                                                                                             $ 11,399,969

 

02.       High Risk Maternity Clinic Services,

            Perinatal Education, and Consultation

            to Local Health Departments

            and Other Health Care Providers                                                                 1,383,538

 

03.       Services to Children with Disabilities                                                         5,065,331

 

04.       Reimbursements for Local Health

            Departments for Contracted

            Nutritional Services                                                                                         120,530

 

TOTAL MATERNAL AND CHILD

HEALTH SERVICES                                                                                                 $ 17,969,368

 

PREVENTIVE HEALTH BLOCK GRANT

 

01.       Emergency Medical Services                                                                      $  452,375

 

02.       Basic Public Health Services                                                                          428,395

 

03.       Hypertension Programs                                                                                   671,630

 

04.       Statewide Health Promotion Programs                                                       2,651,119

 

05.       Fluoridation of Water Supplies                                                                       228,404

 

06.       Rape Prevention and Rape

            Crisis Programs                                                                                                183,632

 

07.       AIDS/HIV Education, Counseling,

            and Testing                                                                                                           81,001

 

08.       Office of Minority Health and

            Minority Health Council                                                                                  190,000

 

TOTAL PREVENTIVE HEALTH BLOCK GRANT                                                 $  4,886,566

 

(b)       Decreases in Federal Fund Availability

If federal funds are reduced below the amounts specified above after the effective date of this act, then every program, in each of the federal block grants listed above, shall be reduced by the same percentage as the reduction in federal funds.

(c)       Increases in Federal Fund Availability

Any block grant funds appropriated by the United States Congress in addition to the funds specified in this act shall be expended as follows:

(1)       For the Community Development Block Grant - each program category under the Community Development Block Grant shall be increased by the same percentage as the increase in federal funds.

(2)       For the Maternal and Child Health Services Block Grant - thirty percent (30%) of these additional funds shall be allocated to services for children with special health care needs and seventy percent (70%) shall be allocated to local health departments to assist in the reduction of infant mortality.

(3)       For the Preventive Health Block Grants - these additional funds may be budgeted by the appropriate department, with the approval of the Office of State Budget and Management, provided the resultant increases are in accordance with federal block grant requirements and are within the scope of the block grant plan approved by the General Assembly.  All these budgeted increases shall be reported to the Joint Legislative Commission on Governmental Operations and to the Director of the Fiscal Research Division.

(d)       Education Setaside of JTPA Funds

The Department of Commerce shall certify to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division of the Legislative Services Office when Job Training Partnership Act funds have been distributed to each agency, the total amount distributed to each agency, and the total amount of eight percent (8%) Education Setaside funds received.

(e)       Limitations on Community Development Block Grant Funds

Of the funds appropriated in this section for the Community Development Block Grant, not more than one million twenty-six thousand nine hundred forty dollars ($1,026,940) may be used for State administration; up to two million two hundred forty-two thousand eight hundred thirty dollars ($2,242,830) may be used for Urgent Needs and Contingency; up to two million two hundred forty-two thousand eight hundred twenty-nine dollars ($2,242,829) may be used for Housing Development; up to eight million nine hundred seventy-one thousand three hundred eighteen dollars ($8,971,318) may be used for Economic Development; not less than thirty-one million three hundred ninety-nine thousand six hundred thirteen dollars ($31,399,613) shall be used for Community Revitalization; and up to four hundred sixty-three thousand four hundred seventy dollars ($463,470) may be used for State Technical Assistance.  If federal block grant funds are reduced or increased by the United States Congress after the effective date of this act, then these reductions or increases shall be allocated in accordance with subsection (b) or (c) of this section, as applicable.

 

PART 5.  GENERAL PROVISIONS

 

Requested by:  Representatives Nesbitt, Diamont, Senators Daniel, Plyler

PERMIT DEVIATION FROM EXPENDITURE OF FUNDS RESTRICTION

Sec. 9.  For the 1993-94 fiscal year only, G.S. 143-16.3 does not apply to the extent that the Director of the Budget finds that compliance is impossible and that deviation is necessary because of complications in the budget process that were not contemplated when the budget for the 1993-95 fiscal biennium was enacted.

The Director of the Budget shall report on a quarterly basis for the first six months of the 1993-94 fiscal year and monthly thereafter, to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division of the Legislative Services Office on any deviations from G.S. 143-16.3, the reasons that compliance was impossible, and the complications in the budget process that were not contemplated when the budget for the 1993-95 fiscal biennium was enacted that made compliance impossible.

 

Requested by:  Senators Daniel, Plyler, Representatives Nesbitt, Diamont

SPECIAL FUNDS, FEDERAL FUNDS, AND DEPARTMENTAL RECEIPTS/AUTHORIZATION FOR EXPENDITURES

Sec. 10.  There is appropriated out of the cash balances, federal receipts, and departmental receipts available to each department, sufficient amounts to carry on authorized activities included under each department's operations.  All these cash balances, federal receipts, and departmental receipts shall be expended and reported in accordance with provisions of the Executive Budget Act, except as otherwise provided by statute, and shall be expended at the level of service authorized by the General Assembly.  If the receipts, other than gifts and grants that are unanticipated and are for a specific purpose only, collected in a fiscal year by an institution, department, or agency exceed the receipts certified for it in General Fund Codes or Highway Fund Codes, then the Director of the Budget shall decrease the amount he allots to that institution, department, or agency from appropriations from that Fund by the amount of the excess, unless the Director of the Budget finds that the appropriations from the Fund are necessary to maintain the function that generated the receipts at the level anticipated in the certified Budget Codes for that Fund.  Funds that become available from overrealized receipts in General Fund Codes and Highway Fund Codes, other than gifts and grants that are unanticipated and are for a specific purpose only, shall not be used for new permanent employee positions or to raise the salary of existing employees except:

(1)       As provided in G.S. 116-30.1, 116-30.2, 116-30.3, 116-30.4, or 143-27; or

(2)       If the Director of the Budget finds that the new permanent employee positions are necessary to maintain the function that generated the receipts at the level anticipated in the certified budget codes for that Fund.  The Director of the Budget shall notify the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the chairmen of the appropriations committees of the Senate and the House of Representatives, and the Fiscal Research Division of the Legislative Services Office that he intends to make such a finding at least 10 days before he makes the finding.  The notification shall set out the reason the positions are necessary to maintain the function.

The Office of State Budget and Management shall report to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division of the Legislative Services Office within 30 days after the end of each quarter the General Fund Codes or Highway Fund Codes that did not result in a corresponding reduced allotment from appropriations from that Fund.

The Director of the Budget shall develop necessary budget controls, regulations, and systems to ensure that these funds and other State funds subject to the Executive Budget Act, are not spent in a manner which would cause a deficit in expenditures.

Pursuant to G.S. 143-34.2, State departments, agencies, institutions, boards, or commissions may make application for, receive, or disburse any form of non-State aid.  All non-State monies received shall be deposited with the State Treasurer unless otherwise provided by State law.  These funds shall be expended in accordance with the terms and conditions of the fund award that are not contrary to the laws of North Carolina.

 

Requested by:  Senators Daniel, Plyler, Representatives Nesbitt, Diamont

INSURANCE AND FIDELITY BONDS

Sec. 11.  All insurance and all official fidelity and surety bonds authorized for the several departments, institutions, and agencies shall be effected and placed by the Insurance Department, and the cost of placement shall be paid by the affected department, institution, or agency with the approval of the Insurance Commissioner.

 

Requested by:  Senators Daniel, Plyler, Representatives Nesbitt, Diamont

CONTINGENCY AND EMERGENCY FUND ALLOCATION

Sec. 12.  Of the funds appropriated in this act to the Contingency and Emergency Fund, the sum of nine hundred thousand dollars ($900,000) for the 1993-94 fiscal year and the sum of nine hundred thousand dollars ($900,000) for the 1994-95 fiscal year shall be designated for emergency allocations, which are for the purposes outlined in G.S. 143-23(a1)(3), (4), and (5).  Two hundred twenty-five thousand dollars ($225,000) for the 1993-94 fiscal year and two hundred twenty-five thousand dollars ($225,000) for the 1994-95 fiscal year shall be designated for other allocations from the Contingency and Emergency Fund.

 

Requested by:  Senators Daniel, Plyler, Representatives Nesbitt, Diamont

BUDGETING OF PILOT PROGRAMS

Sec. 13.  (a) Any program designated by the General Assembly as experimental, model, or pilot shall be shown as a separate budget item and shall be considered as an expansion item until a succeeding General Assembly reapproves it.

Any new program funded in whole or in part through a special appropriations bill shall be designated as an experimental, model, or pilot program.

(b)       The Governor shall submit to the General Assembly with his proposed budget a report of which items in the proposed budget are subject to the provisions of this section.

 

Requested by:  Senators Daniel, Plyler, Representatives Nesbitt, Diamont

AUTHORIZED TRANSFERS

Sec. 14.  The Director of the Budget may transfer to General Fund budget codes from the General Fund salary adjustment appropriation, and may transfer to Highway Fund budget codes from the Highway Fund salary adjustment appropriation, amounts required to support approved salary adjustments made necessary by difficulties in recruiting and holding qualified employees in State government.  The funds may be transferred only when the use of salary reserve funds in individual operating budgets is not feasible.

 

Requested by:  Senators Daniel, Plyler, Representatives Nesbitt, Diamont

EXPENDITURES OF FUNDS IN RESERVES LIMITED

Sec. 15.  All funds appropriated by this act into reserves may be expended only for the purposes for which the reserves were established.

 

Requested by:  Senator Martin of Pitt, Representatives Bowman, DeVane

STATE MONEY RECIPIENTS/CONFLICT OF INTEREST POLICY

Sec. 16.  Each private, nonprofit entity eligible to receive State funds, either by General Assembly appropriation, or by grant, loan, or other allocation from a State agency, before funds may be disbursed to the entity, shall file with the disbursing agency a notarized copy of that entity's policy addressing conflicts of interest that may arise involving the entity's management employees and the members of its board of directors or other governing body.  The policy shall address situations where any of these individuals may directly or indirectly benefit, except as the entity's employees or members of the board or other governing body, from the entity's disbursing of State funds, and shall include actions to be taken by the entity or the individual, or both, to avoid conflicts of interest and the appearance of impropriety.

 

Requested by:  Representatives Nesbitt, Diamont, Senators Daniel, Plyler

BUDGET REFORM STATEMENTS

Sec. 17.  The General Fund and availability used in developing the 1993-95 budget is as shown below:

(1)       Composition of the 1993-94 beginning availability:

a.         Revenues collection in 1992-93 in

            excess of authorized estimates                                     $202,000,000

b.         Unexpended appropriations

            during 1992-93 (reversions)                                           137,000,000

c.         Disproportionate share payments

received in 1992-93                                                         159,000,000

Subtotal                                                                      $498,000,000

d.         Transfer to Savings Reserve                                             124,500,000

e.         Transfer to Reserve

            for Repair and

Renovations                                                                         57,000,000

 

Ending Fund Balance                                                                 $ 316,500,000

 

1993-94               1994-95

(2)       Beginning Unrestricted

Fund Balance                                                $ 316,500,000                             -

 

Revenues Existing Tax

Structure                                                     $8,649,700,000  $9,212,100,000

 

Changes:

 

1.               Accelerated Growth with

Implementation of GPAC

recommendation                                                  5,400,000            5,400,000

 

2.               Retain in General Fund

interest previously paid to

Highway Trust Fund

(G.S. 105-187.9(b))                                            7,000,000            7,000,000

 

3.               Increase Court Fees                                                        5,900,000            5,900,000

 

5.               Transfer from Department of

Insurance Fund                                                       (474,580)         (1,132,000)

 

6.               Treasurer's Banking Fees/Local

Government Operation                                           634,300            1,106,000

 

7.               Disproportionate Share

Receipts                                                             93,200,000                            -

 

8.               Highway Fund Transfer

Reduction Related to

Sales Tax Exemption                                             (200,000)             (200,000)

 

9.               Transfer from Savings Reserve                                  121,000,000                            -

 

Total Changes                                                                                232,459,720          18,074,000

 

Revised Revenues                                                                      8,882,159,720     9,230,174,000

 

Total Availability                                                                       9,198,659,720     9,230,174,000

 

Revenue Growth Rates:

Economic Basis                                                                       6.2%                     6.5%

Less Impact of Special Factors                                                 .9%                    -2.6%

Actual Basis                                                                              7.1%                     3.9%

 

(3)       Estimate of Disproportionate Share Receipts to be deposited as a nontax revenue and reserved by the State Controller:

1993-94         $114,200,000.

 

Requested by: Senators Daniel, Plyler, Conder, Representatives Nesbitt, Diamont

REPAIRS/RENOVATIONS RESERVE CREATED

Sec. 17.1.  (a) G.S. 143-15.2 reads as rewritten:

" 143-15.2.  Use of General Fund credit balance.

The State Controller shall reserve up to one-fourth of any credit balance, as determined on a cash basis, remaining in the General Fund at the end of each fiscal year to the Savings Reserve Account as provided in G.S. 143-15.3, unless that would result in the Savings Reserve Account having funds in excess of five percent (5%) of the amount appropriated the preceding year for the General Fund operating budget, including local government tax-sharing funds; in that case, only funds sufficient to reach the five percent (5%) level shall be reserved.  The State Controller shall also reserve the lesser of (i) one-fourth of any credit balance, as determined on a cash basis, remaining in the General Fund and (ii) one and one-half percent (1.5%) of the replacement value of all State buildings supported from the General Fund, at the end of each fiscal year to the Repairs and Renovations Reserve Account as provided in G.S. 143-15.3A.  The General Assembly may appropriate that part of the anticipated General Fund credit balance not expected to be reserved to the Savings Reserve Account or the Repairs and Renovations Reserve Account only for capital improvements or other one-time expenditures."

(b)       Chapter 143 of the General Statutes is amended by adding a new section to read:

" 143-15.3A.  Repairs and Renovations Reserve Account.

(a)       There is established a Repairs and Renovations Reserve Account as a restricted reserve in the General Fund.  The State Controller shall reserve to the Repairs and Renovations Reserve Account one-fourth of any unreserved credit balance remaining in the General Fund at the end of each fiscal year.  As used in this section, the term 'unreserved credit balance' means that part of the credit balance, as determined on a cash basis, not already reserved to the Savings Reserve Account or the Repairs and Renovations Reserve Account.

(b)       The funds in the Repairs and Renovations Reserve Account shall be used only for the repair and renovation of State buildings and related infrastructure that are supported from the General Fund.  The Director of the Budget shall not use funds in the Repairs and Renovations Reserve Account unless the use has been approved by an act of the General Assembly."

(c)       G.S. 143-15.3(a) reads as rewritten:

"(a)      There is established a Savings Reserve Account as a restricted reserve in the General Fund.  The State Controller shall reserve to the Savings Reserve Account one-fourth of any unreserved credit balance remaining in the General Fund at the end of each fiscal year until the account contains funds equal to five percent (5%) of the amount appropriated the preceding year for the General Fund operating budget, including local government tax-sharing funds.  If the balance in the Savings Reserve Account falls below this level during a fiscal year, the State Controller shall reserve to the Savings Reserve Account for the following fiscal years up to one-fourth of any unreserved credit balance remaining in the General Fund at the end of each fiscal year until the account again equals five percent (5%) of the amount appropriated the preceding year for the General Fund operating budget, including local government tax-sharing funds.  As used in this section, the term 'unreserved credit balance' means that part of the credit balance, as determined on a cash basis, not already reserved to the Savings Reserve Account. Account or the Repairs and Renovations Reserve Account."

(d)       G.S. 143-11 reads as rewritten:

" 143-11.  Survey of departments.

On or before the fifteenth day of December, biennially in the even-numbered years, the Director shall make a complete, careful survey of the operation and management of all the departments, bureaus, divisions, officers, boards, commissions, institutions, and agencies and undertakings of the State and all persons or corporations who use or expend State funds, in the interest of economy and efficiency, and of obtaining a working knowledge upon which to base recommendations to the General Assembly as to appropriations for maintenance and special funds and capital expenditures for the succeeding biennium.  If the Director and the Commission shall agree in their recommendations for the budget for the next biennial period, he shall prepare their report in the form of a proposed budget, together with such comment and recommendations as they may deem proper to make.  If the Director and Commission shall not agree in substantial particulars, the Director shall prepare the proposed budget based on his own conclusions and judgment, and the Commission or any of its members retain the right to submit separately to the General Assembly such statement of disagreement and the particulars thereof as representing their views.  The budget report shall contain a complete and itemized plan of all proposed expenditures for each State Department, bureau, board, division, institution, commission, State agency or undertaking, person or corporation who receives or may receive for use and expenditure any State funds, in accordance with the classification adopted by the State Controller, and of the estimated revenues and borrowings for each year in the ensuing biennial period beginning with the first day of July thereafter.  Opposite each item of the proposed expenditures, the budget shall show in separate parallel columns the amount expended for the last preceding appropriation year, for the current appropriation year, and the increase or decrease.  The budget shall clearly differentiate between General Fund expenditures for operating and maintenance, special fund expenditures for any purpose, and proposed capital outlays.

The Director shall accompany the budget with:

(1)       A budget message supporting his recommendations and outlining a financial policy and program for the ensuing biennium.  The message will include an explanation of increase or decrease over past expenditures, a discussion of proposed changes in existing revenue laws and proposed bond issues, their purpose, the amount, rate of interest, term, the requirements to be attached to their issuance and the effect such issues will have upon the redemption and annual interest charges of the State debt.

(2)       State Controller reports including:

a.         An itemized and complete financial statement for the State at the close of the last preceding fiscal year ending June 30.

b.         A statement of special funds.

(2a)     A statement showing the itemized estimates of the condition of the State treasury as of the beginning and end of each of the next two appropriation years.

(3)       A report on the fees charged by each State department, bureau, division, board, commission, institution, and agency during the previous fiscal year, the statutory or regulatory authority for each fee, the amount of the fee, when the amount of the fee was last changed, the number of times the fee was collected during the prior fiscal year, and the total receipts from the fee during the prior fiscal year.

(4)       A statement showing the State Board of Education's request, in accordance with G.S. 115C-96, for sufficient funds to provide textbooks to public school students.

(5)       A proposal for expenditure of the funds in the Repairs and Renovations Reserve Account, which is established in G.S. 143-15.3A.  The Director shall consider the data from the Facilities Condition and Assessment Program in the Office of State Construction when establishing priorities for the proposed expenditure of these funds.

It shall be a compliance with this section by each incoming Governor, at the first session of the General Assembly in his term, to submit the budget report with the message of the outgoing Governor, if he shall deem it proper to prepare such message, together with any comments or recommendations thereon that he may see fit to make, either at the time of the submission of the said report to the General Assembly, or at such other time, or times, as he may elect and fix.

The function of the Advisory Budget Commission under this section applies only if the Director of the Budget consults with the Commission in preparation of the budget."

(e)       This section becomes effective beginning with the General Fund credit balance at the end of the 1992-93 fiscal year.

 

Requested by: Representatives Nesbitt, Diamont, Senators Daniel, Plyler

HIGHWAY FUND AVAILABILITY

Sec. 18.  The Highway Fund appropriations availability used in developing the 1993-95 Highway Fund budget is shown below:

($Million)     ($Million)

1993-94       1994-95

Beginning Credit Balance                                                                             $ 9.03                   -

 

Estimated Revenues:                                                                                    944.6             $ 961.3

Transfer from Equipment Fund                                                                10.0                     -

Transfer to Highway Trust Fund                                                                  -                      (9.6)

 

Total Highway Fund Availability                                                               $963.63            $951.7

 

Requested by:  Senator Daniel, Representative Nesbitt

HEALTH CARE INITIATIVES

Sec. 20.  Funds appropriated in this act to the Reserve for Health Care Initiatives shall be used as provided by the General Assembly in this act or acts establishing such programs.

 

Requested by:  Representatives Nesbitt, Diamont, Senators Daniel, Plyler

AUTHORIZATION OF PRIVATE LICENSE TAGS ON STATE-OWNED MOTOR VEHICLES

Sec. 21.  (a) Pursuant to the provisions of G.S. 14-250, for the 1993-95 fiscal biennium, the General Assembly authorizes the use of private license tags on State-owned motor vehicles only for the State Highway Patrol and for the following:

Department                          Exemption                               Category Number

Motor Vehicles                   License and Theft                                97

Justice                                  SBI Agents                                          277

Correction                           Probation/Parole Surveillance

Officers (intensive

probation)                                             25

Crime Control and

Public Safety           ALE Officers                                       92

(b)       The 92 ALE vehicles authorized by this section to use private license tags shall be distributed as follows:

(1)       54 among Agent I officers;

(2)       20 among Agent II officers;

(3)       1 to the Deputy Director;

(4)       12 to the District Offices/Extra Vehicles; and

(5)       5 to the Director, to be distributed at the Director's discretion.

(c)       Except as provided in this section, all State-owned motor vehicles shall bear permanent registration plates issued under G.S. 20-84.

 

Requested by:  Representatives Nesbitt, Diamont, Senators Daniel, Plyler

RESTORATION OF THE JUNE 30 PAYDATE

Sec. 21.1.  Funds appropriated in this act to the Reserve for Paydate Restoration in the amount of two hundred fourteen million two hundred thousand dollars ($214,200,000) shall be used to restore the June 30 Payday for State Employees, University Employees, and Community Colleges Employees so that they will be paid from the General Fund on June 30, 1994, instead of July 1, 1994, for work done during June of 1994.

Funds allotted pursuant to this section to constituent institutions of The University of North Carolina that have been designated as special responsibility constituent institutions under G.S. 116-30.1 are exempt from the provisions of G.S. 116-30.2 and G.S. 116-30.3.

In no event shall any allotments made pursuant to this section exceed the actual General Fund requirements, which are to be reported to the 1993 General Assembly, Regular Session 1994, and to the Fiscal Research Division by June 30, 1994.

 

Requested by:  Senators Daniel, Plyler, Representatives Nesbitt, Diamont

ELIMINATE LIABILITY FOR TEACHER PAYDATE DEFERRAL

Sec. 21.2.  G.S. 143-15.3(b) reads as rewritten:

"(b)      The Director may not use funds in the Savings Reserve Account unless the use has been approved by an act of the General Assembly.  It is the intent of the General Assembly that in future sessions, as funds are available, it will reduce and then eliminate the State's liability for payroll deferrals for State employees and community college employees and for the deferral of the twelfth month of teacher payroll.  These actions will bring the State into closer conformity with the GAAP. effective as of the 1994-95 fiscal year the State's liability for the deferral of the twelfth month of teacher payroll shall be eliminated.  Funds may be used from the Savings Reserve Account and, to the extent necessary, may be combined with other available funds to eliminate this liability and thus bring the State into conformity with the GAAP."

 

Requested by:  Representatives Nesbitt, Diamont, Senators Daniel, Plyler

DISPOSITION OF DISPROPORTIONATE SHARE RECEIPTS

Sec. 21.3.  During the 1993-94 fiscal year, as it receives funds associated with Disproportionate Share Payments from the State psychiatric hospitals, the Division of Medical Assistance shall deposit funds appropriated for the Medicaid program, in a sum equal to the federal share of the Disproportionate Share Payments, as nontax revenue.  Any of these funds that are not appropriated by the 1993 General Assembly shall be reserved by the State Controller for future appropriation.

 

PART 6.  GENERAL GOVERNMENT

 

Requested by:  Senators Plexico, Martin of Guilford, Codington, Representatives Mercer, Crawford, Wainwright, Ellis, Gray, Hensley, Jeffus, Kennedy, Nichols, Wilkins, Nesbitt, Diamont

BUDGET PRACTICES STUDY COMMISSION

Sec. 22.  (a) There is created the Budget Practices Study Commission, an independent commission to study the effectiveness of the Executive Budget Act, Article 1 of Chapter 143 of the General Statutes.  The Commission shall consist of 14 members.  The Speaker of the House of Representatives shall appoint seven members, six who shall be members of the House of Representatives and one who shall be familiar with and have experience in government fiscal management.  The President Pro Tempore of the Senate shall appoint seven members, six who shall be members of the Senate and one who shall be familiar with and have experience in government fiscal management.  Initial appointments shall be made within 30 days following the 1993 General Assembly's adjournment for a period of more than 10 days.

The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each appoint a cochair of the Commission from their appointees.  The cochairs shall call the first meeting and preside at alternate meetings.

(b)       The Budget Practices Study Commission shall examine the current content, interpretation, and application of the Executive Budget Act, and shall address in particular the following topics:

(1)       Similarities and differences between the Executive Budget Act and analogous statutes in other states, including the advantages of various approaches to budget preparation, presentation, appropriation, and execution.

(2)       The effect of current statutory provisions, appropriations techniques, and administrative practices upon:

a.         The ability of the General Assembly to anticipate, evaluate, and meet the financial needs of State government.

b.         The availability of data needed by the General Assembly for informed fiscal decision-making; particularly the availability of output, impact, or performance data.

c.         The General Assembly's ability to exercise its authority under Section 7 of Article V of the North Carolina Constitution; namely, its authority to control withdrawals from the State treasury and to determine the purposes for which State funds may be expended.

d.         The Governor's authority under Section 5 of Article III of the North Carolina Constitution; namely, the authority to prepare and recommend a budget and the obligation to administer the budget as enacted by the General Assembly.

e.         The balance between fiscal control and management flexibility in the administration of agency budgets.

f.          The ability of State agencies to plan their fiscal conduct and to perform their statutorily assigned functions efficiently in accordance with modern business practices.

(3)       Provisions of the budget system regarding management of various fund types, including special revenue funds, federal funds, proprietary funds, university funds, and fiduciary funds; and various types of departmental receipts.

(4)       The appropriate role of legislative oversight mechanisms, including the Joint Legislative Commission on Governmental Operations.

(5)       Such matters as may, in the judgment of the Commission, affect the capacity of the General Assembly or the Governor to devise, adopt, and implement a sound program of fiscal management on behalf of the people of North Carolina.

(c)       The Budget Practices Study Commission shall also have the following additional powers and duties with specific reference to the performance budget review process:

(1)       To review and evaluate the development and implementation of the performance budgeting system authorized by the General Assembly.

(2)       To examine the presentation of information in the performance budgeting system to assure the quality and validity of the information.

(3)       To work in cooperation with the Governor and other State agencies as additional program areas are converted into the performance budgeting system.

(4)       To propose strategies for the General Assembly to manage and make decisions based on the performance budgeting system.

(d)       Subject to the approval of the Legislative Services Commission, the professional and clerical staff of the Legislative Services Office shall be available to the Budget Practices Study Commission.  Upon request of the Commission, all State departments and agencies shall furnish to the Commission any information in their possession or available to them.  The Commission may acquire by contract or purchase such other expertise or information as may be necessary to complete its report.

(e)       Members of the Commission who are also members of the General Assembly shall be paid subsistence and travel expenses at the rate set forth in G.S. 120-3.1.  Members of the Commission who are officials or employees of the State shall receive travel allowances at the rate set forth in G.S. 138-6.  All other members of the Commission shall be paid per diem and allowances at the rates set forth in G.S. 138-5.

(f)        The Budget Practices Study Commission shall report its findings and recommendations to the 1993 General Assembly, 1994 Regular Session.

(g)       Of the funds appropriated from the General Fund to the General Assembly, the sum of forty thousand dollars ($40,000) for the 1993-94 fiscal year shall be allocated for this study.

 

Requested by:  Senator Martin of Pitt, Representatives Bowman, DeVane

RESERVE FOR IMPLEMENTATION OF FEDERAL OSHA REGULATIONS REGARDING BLOODBORNE PATHOGENS/USE OF FUNDS; LONG-RANGE PLAN

Sec. 23.  (a) Funds appropriated in this act to the Office of State Budget and Management for the implementation of the federal OSHA regulations regarding bloodborne pathogens shall be used only to support the cost of testing, inoculations, personal protective equipment, and required cleanup equipment and supplies for employees who are subject to these regulations and only if adequate funds are not available for these purposes.  They shall not be used as planning money or for salaries for any new positions or for any other purpose than specifically authorized by this section.

(b)       The Office of State Budget and Management, in consultation with the Department of Environment, Health, and Natural Resources, the Department of Labor, the Office of State Personnel, and the Department of Administration, shall prepare a long-range plan for State government implementation of the federal OSHA regulations regarding bloodborne pathogens.  The plan shall include identification of all implementation costs over a five-year period, both recurring and nonrecurring, by agency and by type of expenditure.  The plan shall be presented to the General Assembly by April 1, 1994.

 

Requested by:  Representatives Crawford, Wainwright, Senator Plexico

STATE MILEAGE ALLOWANCE

Sec. 24.  (a) Effective August 1, 1993, G.S. 138-6(a)(1) reads as rewritten:

"(1)      For transportation by privately owned automobile, twenty-five cents (25) the business standard mileage rate set by the Internal Revenue Service per mile of travel and the actual cost of tolls paid.  Any other law which sets a mileage rate by referring to the rate set herein, instead establishes a rate of twenty-five cents (25) per mile.  No reimbursement shall be made for the use of a personal car in commuting from an employee's home to his duty station in connection with regularly scheduled work hours.  Any designation of an employee's home as his duty station by a department head shall require prior approval by the Office of State Budget and Management on an annual basis."

(b)       Effective upon the convening of the 1995 Regular Session of the General Assembly, G.S. 120-3.1(a)(1) reads as rewritten:

"(1)      A weekly travel allowance for each week or fraction thereof that the General Assembly is in regular or extra session.  The amount of the weekly travel allowance shall be calculated for each member by multiplying the actual round-trip mileage from that member's home to the City of Raleigh by the rate per mile allowed to State employees for official travel. which is the business standard mileage rate set by the Internal Revenue Service in Rev. Proc. 92-104, December 28, 1992."

(c)       Effective upon the convening of the 1995 Regular Session of the General Assembly, G.S. 120-3.1(a)(2) reads as rewritten:

"(2)      A travel allowance at the rate allowed by statute for State employees which is the business standard mileage rate set by the Internal Revenue Service in Rev. Proc. 92-104, December 28, 1992, whenever the member travels, whether in or out of session, as a representative of the General Assembly or of its committees or commissions, with the approval of the Legislative Services Commission."

 

Requested by:  Representatives Crawford, Wainwright, Senator Plexico

MEDIATION COSTS

Sec. 25.  (a) Notwithstanding the provisions of G.S. 143-23, any State department or agency may use funds available from lapsed salaries to pay costs apportioned to the department or agency as a result of mediation ordered by the Industrial Commission or of a mediated settlement conference in the Office of Administrative Hearings ordered by the chief administrative law judge.

(b)       If House Bill 657, 1993 Regular Session is enacted, the first sentence of Section 3 of that act is amended by deleting "only if the General Assembly appropriates funds to implement the purpose of this act,".  If House Bill 658, 1993 Regular Session is enacted, the first sentence of Section 4 of that act is amended by deleting "only if the General Assembly appropriates funds to implement the purpose of this act,".

 

Requested by:  Representatives Nesbitt, Barnes; Senators Daniel, Plyler

LOCAL FINANCIAL SECURITY

Sec. 26.  (a) Effective July 1, 1995, G.S. 105-213 reads as rewritten:

" 105-213.  Appropriation to counties and municipalities; use of appropriation. Distribution of taxes collected.

(a)       Amount to be Distributed. - On or before June 25 of each year, the Secretary shall distribute to counties and municipalities  There is annually appropriated from the General Fund to counties and municipalities one hundred three percent (103%) of the amount of revenue collected under this Article from the preceding July 1 through the preceding April 30, during the 1989-90 fiscal year, less an amount equal to the costs during the preceding fiscal year of: less all of the following:

(1)       An amount equal to the costs during the preceding fiscal year of:

a.         Refunds made during the fiscal year of taxes levied under this Article.

(2)b.         The Department of Revenue to collect and administer the taxes levied under this Article.

(3)c.         The Department of Revenue in performing the duties imposed by Article 15 of this Chapter.

(4)d.         The Property Tax Commission.

(5)e.         The Institute of Government in operating a training program in property tax appraisal and assessment.

(6)f.         The personnel and operations provided by the Department of State Treasurer for the Local Government Commission.

(2)       An amount equal to the excess of the amount of revenue collected under this Article during the 1993-94 fiscal year over the amount of revenue collected under this Article during the 1989-90 fiscal year, as certified by the Secretary.

The appropriation shall be distributed by August 30 of each year.  The appropriation shall be included in the Current Operations Appropriations Act.

(b)       Allocation of Distribution. - The appropriation amount of revenue to be distributed under subsection (a) shall be allocated among the counties in proportion to the net amount of taxes collected under this Article in each county during the preceding fiscal year.  The net amount of taxes collected in a county is the amount collected less the amount of refunds made of taxes previously collected.  The Secretary of Revenue shall keep a separate record by counties of the taxes collected under this Article.  The Secretary shall allocate the amount appropriated of revenue to be distributed under this section subsection (a) to the counties according to the county in which the taxes were collected. in accordance with the tax records.  The amounts so allocated to each county shall in turn be allocated between the county and the municipalities in the county in proportion to the total amount of ad valorem taxes levied by each during the fiscal year preceding the distribution.  In dividing these amounts between each county and its municipalities, the Secretary shall treat taxes levied by a merged school administrative unit described in G.S. 115C-513 in a part of the unit located in a county as taxes levied by the county in which that part is located.  After making these allocations, the Secretary of Revenue shall certify to the State Controller and to the State Treasurer the amount to be distributed to each county and municipality in the State.  The State Controller shall then issue a warrant on the State Treasurer to each county and municipality in the amount certified.  The funds shall be drawn from the Local Government Tax Sharing Reserve.

For the purpose of computing the distribution of the tax under this subsection to any county and the municipalities located therein in the county for any quarter with respect to which the property valuation of a public service company is the subject of an appeal pursuant to the provisions of the Machinery Act, or to applicable provisions of federal law, and the Department of Revenue is restrained by operation of law or by a court of competent jurisdiction from certifying such the valuation to the county and the municipalities therein, in the county, the Department shall use the last property valuation of such the public service company which that has been so certified in order to determine the ad valorem tax levies applicable to such public service company in the county and the municipalities therein. certified.

The chair of each board of county commissioners and the mayor of each municipality shall report to the Secretary of Revenue information requested by the Secretary to enable the Secretary to allocate the amount appropriated by this section. distributed by this subsection.  If a county or municipality fails to make a requested report within the time allowed, the Secretary may disregard the county or municipality in allocating the amount appropriated by this section. distributed by this subsection.

(c)       Use of Revenue. - The amount distributed to each county and municipality shall be used by the county or municipality in proportion to property tax levies made by it for the various funds and activities of the county or municipality, unless the county or municipality has pledged the amount to be distributed to it under this section in payment of a loan agreement with the North Carolina Solid Waste Management Capital Projects Financing Agency.  A county or municipality that has pledged amounts distributed under this section in payment of a loan agreement with the Agency may apply the amount the loan agreement requires.

(b)(d)  Definition. - For purposes of this section, the term 'municipality' includes any urban service district defined by the governing board of a consolidated city-county, and the amounts due thereby shall be distributed to the government of the consolidated city-county."

(b)       Effective July 1, 1995, G.S. 105-275.1(b) reads as rewritten:

"(b)      Subsequent Distributions. - As soon as practicable after January 1, 1990, the Secretary shall pay to each county and city the amount it received under subsection (a) in 1989 plus an amount equal to the county or city average rate multiplied by the value of the items described in subdivisions (ii) and (iii) of subsection (a) that were required to be listed and assessed as of January 1, 1987, and were listed on or before September 1, 1987, in the county or city, plus or minus the percentage of this product that equals the percentage by which State personal income has increased or decreased during the most recent 12-month period for which State personal income data has been compiled by the Bureau of Economic Analysis of the United States Department of Commerce.  As soon as practicable after January 1, 1990, the Secretary shall also pay to each county and city an amount equal to the average rate for each special district for which the county or city collected taxes in 1987, but whose tax rates were not included in the county or city's rates, multiplied by the value of the items described in subdivisions (ii) and (iii) of subsection (a) that were required to be listed and assessed as of January 1, 1987, and were listed on or before September 1, 1987, in the district, plus or minus the percentage of this product that equals the percentage by which State personal income has increased or decreased during the most recent 12-month period for which State personal income data has been compiled by the Bureau of Economic Analysis of the United States Department of Commerce.  As soon as practicable after January 1, 1991, except as provided in subsection (f), the Secretary shall pay to each county and city the amount it received under this section the preceding year plus an amount equal to the county or city average rate multiplied by the value of the items described in subdivision (v) of subsection (a) contained in the list submitted by the county or city, plus or minus the percentage of this product that equals the percentage by which State personal income has increased or decreased during the most recent 12-month period for which State personal income data has been compiled by the Bureau of Economic Analysis of the United States Department of Commerce.  As soon as practical after January 1, 1992, except as provided in subsection (f), the Secretary shall distribute to each county and city the amount it received under this section the preceding year.  On or before April 30, 1993, except as provided in subsection (f), the Secretary shall distribute to each county and city ninety-nine and eighty-one one-hundredths percent (99.81%) of the amount it received under this section the preceding year.  Thereafter, until August 1995, except as provided in subsection (f), on or before April 30 of each year, the Secretary shall distribute to each county and city the amount it received under this section the preceding year.  On or before August 30, 1995, the Secretary shall determine for each county and city the amount it received in April 1995 under this section.  Beginning in August 1995 and each year thereafter, except as provided in subsection (f), the Secretary shall distribute to each county and city sixty percent (60%) of this amount on or before August 30 and the remaining forty percent (40%) on or before the following April 30.

Of the funds received by each county and city pursuant to this subsection in 1990, the portion that was received because the county or city was collecting taxes for a special district (either because the district's tax rate was included in the city or county's rate or because the Secretary paid the county or city the product of the district's average rate and the value of the inventories and other items in the district) shall be distributed among the districts in the county or city as soon as practicable after the city or county receives the funds.  The county or city shall distribute to each special district in the county or city the amount it distributed to the district in 1989 plus an amount equal to the average rate for the district multiplied by the value of the items, other than inventory, described in subdivisions (ii) and (iii) of subsection (a) that were required to be listed and assessed as of January 1, 1987, and were listed on or before September 1, 1987, in the district, plus or minus the percentage of this product that equals the percentage by which State personal income has increased or decreased during the most recent 12-month period for which State personal income data has been compiled by the Bureau of Economic Analysis of the United States Department of Commerce.

Each year thereafter, until August 1995, as soon as practicable after receiving funds under this subsection, every county and city shall distribute among the special districts for which the county or city collects tax an amount equal to the amount it distributed among such districts the previous year.  Each year thereafter, beginning in August 1995, as soon as practical after receiving funds under this subsection in August, every county and city shall distribute among the special districts for which the county or city collects tax an amount equal to sixty percent (60%) of the amount it distributed among such districts in April 1995, and as soon as practicable after receiving funds under this subsection in April, every county and city shall distribute among the special districts for which the county or city collects tax an amount equal to forty percent (40%) of the amount it distributed among such districts in April 1995.  The

The Local Government Commission may adopt rules for the resolution of disputes and correction of errors in the distribution among special districts provided in this subsection.  In addition, the Local Government Commission may adopt rules for the reallocation of funds when a special district is dissolved, merged, or consolidated, or when a special district ceases to levy tax, either temporarily or permanently."

(c)       Effective July 1, 1995, G.S. 105-277A(b) reads as rewritten:

"(b)      First Per Capita Distribution. - As soon as practicable after January 1 of 1989, the Secretary shall distribute to each taxing unit the unit's per capita share of the sum of fifteen million seven hundred forty-five thousand dollars ($15,745,000).  Thereafter, as soon as practicable after January 1 of 1990 and 1991, the Secretary shall distribute to each taxing unit the unit's per capita share of an amount equal to the sum distributed to all taxing units the previous year under this subsection plus or minus the product of the sum distributed the previous year and the percentage by which State personal income has increased or decreased during the most recent 12-month period for which State personal income data has been compiled by the Bureau of Economic Analysis of the United States Department of Commerce.

Thereafter, on On or before April 30 of each year 1992, 1993, 1994, and 1995, the Secretary shall distribute to each taxing unit the unit's per capita share of the sum that this subsection provided was to be distributed to all taxing units in 1991.  Beginning August 1995 and each year thereafter, the Secretary shall determine for each taxing unit the unit's per capita share of the sum that this subsection provided was to be distributed to all taxing units in 1991.  Each year, the Secretary shall distribute to each taxing unit sixty percent (60%) of this share on or before August 30 and the remaining forty percent (40%) of this share on or before the following April 30.

To make the per capita distributions required by this subsection, the Secretary shall first allocate the sum to be distributed among the counties on a per capita basis.  The Secretary shall then compute a per capita distributable amount for each county by dividing the amount allocated to a county by the total population of the county, plus the population of any incorporated towns and cities located in the county.  Each taxing unit in a county, including the county itself, shall receive the product of the population of the taxing unit and the per capita distributable amount for that county.

A city or county that receives funds under this subsection and that collects taxes for another taxing unit shall distribute part of the taxes received by it to the taxing unit for which it collects tax.  The distribution shall be made on the basis of the proportionate amount of ad valorem taxes levied, for the most recent fiscal year beginning July 1, by the city or county and by all the taxing units for which the city or county collects tax.  This distribution shall be made as soon as practicable after a city or county receives funds from the State under this section."

(d)       Effective July 1, 1995, G.S. 105-277A(c) reads as rewritten:

"(c)      Second Per Capita Distribution. - On or before March 20, 1989, the Secretary shall allocate to each county the county's per capita share of the sum of thirty-nine million dollars ($39,000,000).

Each year thereafter, thereafter through April 1995, on or before April 30, the Secretary of Revenue shall allocate to each county the amount it received the previous year under this subsection.  On or before August 30, 1995, the Secretary shall determine for each county the amount it received in April 1995 under this subsection.  Beginning in August 1995 and each year thereafter, the Secretary shall distribute sixty percent (60%) of this amount to each county on or before August 30 and the remaining forty percent (40%) to each county on or before the following April 30.

Amounts allocated to a county under this subsection shall in turn be divided and distributed between the county and the cities located in the county in proportion to the total amount of ad valorem taxes levied by each during the fiscal year preceding the distribution.  For the purposes of this section, the amount of the ad valorem taxes levied by a county or city shall include any ad valorem taxes collected by the county or city in behalf of a special district.  For the purpose of computing the distribution for any year with respect to which the property valuation of a public service company is the subject of an appeal and the Department of Revenue is restrained by law from certifying the valuation to the appropriate counties and cities, the Department shall use the latest property valuation of that public service company that has been certified.

The governing body of each county and city shall report to the Secretary of Revenue such information as he may request in order to make the distribution under this subsection.  If a county or city fails to make a requested report within the time prescribed, the Secretary may disregard that county or city and the other taxing units in the county or city in making the distribution."

(e)       Effective July 1, 1995, G.S. 105-277A(c1) reads as rewritten:

"(c1)    Claims-based Distribution. - On or before March 20, 1989, the Secretary shall distribute to each county and city an amount equal to the amount by which the county or city's inventory loss, as defined in subsection (d) of this section, exceeds the amount of the reimbursement received by the county or city under subsection (c) of this subsection. section.

Except as provided in subsection (g) of this section, each year thereafter, thereafter through April 1995, on or before April 30, the Secretary shall distribute to each county and city the amount it received the previous year under this subsection.  On or before August 30, 1995, the Secretary shall determine for each county and city the amount it received in April 1995 under this subsection.  Beginning in August 1995 and each year thereafter, the Secretary shall distribute sixty percent (60%) of this amount to each county and city on or before August 30 and the remaining forty percent (40%) of this amount to each county and city on or before the following April 30."

(f)        Effective July 1, 1995, G.S. 105-277A(c2) reads as rewritten:

"(c2)    Supplemental Distribution. - On or before March 20, 1989, the Secretary shall determine, with respect to each county and city, whether the sum of (i) the amount the county or city received under subsection (c), plus (ii) the amount the county or city received under subsection (c1), plus (iii) three and four-tenths percent (3.4%) of the total distribution received by the county or city under G.S. 105-472, 105-486, 105-501, and Chapter 1096 of the 1967 Session Laws between January 1, 1988, and December 31, 1988, is less than ninety percent (90%) of the amount of taxes the county or city actually levied on inventories owned by retailers and wholesalers for the 1987-88 tax year.  If that sum is less than ninety percent (90%) of the amount of taxes the county or city actually levied on those inventories for the 1987-88 tax year, the Secretary shall distribute to that county or city a supplemental amount equal to the amount by which ninety percent (90%) of the taxes it actually levied on inventories owned by retailers and wholesalers for the 1987-88 tax year exceeds the total of subdivisions (i), (ii), and (iii).

Except as provided in subsection (g) of this section, each year thereafter, thereafter through April 1995, on or before April 30, the Secretary shall distribute to each county and city the amount it received the previous year under this subsection.  On or before August 30, 1995, the Secretary shall determine for each county and city the amount it received in April 1995 under this subsection.  Beginning in August 1995 and each year thereafter, the Secretary shall distribute sixty percent (60%) of this amount to each county and city on or before August 30 and the remaining forty percent (40%) of this amount to each county and city on or before the following April 30."

(g)       Effective July 1, 1995, G.S. 105-113.82 reads as rewritten:

" 105-113.82.  Appropriation of amount equal to Distribution of part of beer and wine taxes.

(a)       Amount, Method. - An amount equal to the following percentages of the net amount of excise taxes collected, during the period that began October 1, 1989, and ended September 30, 1990, The Secretary shall distribute annually the following percentages of the net amount of excise taxes collected on the sale of malt beverages and wine, wine during the preceding 12-month period ending March 31, less the amount of the net proceeds credited to the Department of Agriculture under G.S 105-113.81A, is annually appropriated from the General Fund to the counties and cities in which the retail sale of these beverages is authorized:

(1)       Of the tax on malt beverages levied under G.S. 105-113.80(a), twenty-three and three-fourths percent (23 3/4%);

(2)       Of the tax on unfortified wine levied under G.S. 105-113.80(b), sixty-two percent (62%); and

(3)       Of the tax on fortified wine levied under G.S. 105-113.80(b), twenty-two percent (22%).

If malt beverages, unfortified wine, or fortified wine may be licensed to be sold at retail in both a county and a city located in the county, both the county and city shall receive a portion of the amount appropriated, distributed, that portion to be determined on the basis of population.  If one of these beverages may be licensed to be sold at retail in a city located in a county in which the sale of the beverage is otherwise prohibited, only the city shall receive a portion of the amount appropriated, distributed, that portion to be determined on the basis of population.  The amount of the appropriation to be amounts distributed under subdivisions (1), (2), and (3) shall be computed separately.

(b)       Reduction in Appropriation.Amount Distributed. - Where the sale of malt beverages, unfortified wine, or fortified wine is prohibited in a defined area of a city or county in which the sale of the beverage is authorized, the amount that would otherwise be appropriated distributed to the city or county on the basis of population under subsection (a) shall be reduced in the same ratio that the area of the defined area bears to the total area of the city or county, unless the defined area is a city.  If the defined area in a county is a city, the reduction in the amount that would otherwise be appropriated distributed to the county under subsection (a) shall be based on population instead of area.

(c)       Exception. - Notwithstanding subsection (a), in a county in which ABC stores have been established by petition, the amount appropriated revenue shall be distributed as though the entire county had approved the retail sale of a beverage whose retail sale is authorized in part of the county.

(d)       Time. - The appropriation revenue shall be distributed to cities and counties within 60 days after September 30 March 31 of each year.

(e)       Population Estimates. - To determine the population of a city or county for purposes of the distribution required by this section, the Secretary shall use the most recent annual estimate of population certified by the State Budget Officer.

(f)        City Defined. - As used in this section, the term 'city' means a city as defined in G.S. 153A-1(1) or an urban service district defined by the governing body of a consolidated city-county.

(g)       Use of Funds. - Funds appropriated distributed to a county or city under this section may be used for any public purpose.

(h)       Act. - The appropriation made by this section shall be included in the Current Operations Appropriations Act."

(h)       Effective July 1, 1995, and applicable beginning with taxes collected during the calendar quarter ending June 30, 1995, G.S. 105-116(d) reads as rewritten:

"(d)      Appropriation. There is annually appropriated from the General Fund  Distribution. - For the purpose of this subsection, the term 'distribution amount' means three and nine hundredths percent (3.09%) of the taxable gross receipts derived during a period by an electric power company and a natural gas company from sales within a municipality of the commodities and services described in subsection (a) of this section.  The Secretary shall distribute to each municipality the distribution amount for that municipality for the preceding calendar quarter less an amount equal to one-fourth of the excess of the distribution amount for that municipality for the period April 1, 1994, to March 31, 1995, over the distribution amount for that municipality for the period April 1, 1990, to March 31, 1991, as certified by the Secretary.  an amount that equals three and nine hundredths percent (3.09%) of the taxable gross receipts derived, from April 1, 1990, to March 31, 1991, by an electric power company and a natural gas company from sales within the municipality of the commodities and services described in subsection (a). The Secretary of Revenue shall transfer the amount appropriated to a municipality in quarterly installments on or before September 15, December 15, March 15, and June 15 in proportion to the taxable gross receipts derived within the municipality during the preceding calendar quarter. distribute the revenue within 75 days after the end of each quarter.  If a company's report does not state the company's taxable gross receipts derived within a municipality, the Secretary of Revenue shall determine a practical method of allocating part of the company's taxable gross receipts to the municipality.  Before transferring the amount appropriated by this subsection, the Secretary of Revenue shall certify the amount to be transferred to the State Controller.  The appropriation made by this subsection shall be included in the Current Operations Appropriations Act.

As used in this subsection, the term 'municipality' includes an urban service district defined by the governing board of a consolidated city-county.  The amount due an urban service district shall be distributed to the governing board of the consolidated city-county."

(i)        Effective July 1, 1995, and applicable beginning with taxes collected during the calendar quarter ending June 30, 1995, G.S. 105-120(c) reads as rewritten:

"(c)      Appropriation. - There is annually appropriated from the General Fund Distribution. - For the purpose of this subsection, the term 'distribution amount' means three and nine hundredths percent (3.09%) of the taxable gross receipts derived during a period from local telecommunications service provided within a municipality.  The Secretary shall distribute to each municipality the distribution amount for that municipality for the preceding calendar quarter less an amount equal to one-fourth of the excess of the distribution amount for that municipality for the period April 1, 1994, to March 31, 1995, over the distribution amount for that municipality for the period April 1, 1990, to March 31, 1991, as certified by the Secretary.  an amount that equals three and nine hundredths percent (3.09%) of the taxable gross receipts derived, from April 1, 1990, to March 31, 1991, from local telecommunications service provided within the municipality.  The Secretary of Revenue shall transfer the amount appropriated to a municipality in quarterly installments on or before September 15, December 15, March 15, and June 15 in proportion to the taxable gross receipts derived within the municipality during the preceding calendar quarter. distribute the revenue within 75 days after the end of each quarter.  If a company's report does not state the company's taxable gross receipts derived within a municipality, the Secretary of Revenue shall determine a practical method of allocating part of the company's taxable gross receipts to the municipality.  Before transferring the amount appropriated by this subsection, the Secretary of Revenue shall certify the amount to be transferred to the State Controller.  The appropriation made by this subsection shall be included in the Current Operations Appropriations Act.

As used in this subsection, the term 'municipality' includes an urban service district defined by the governing board of a consolidated city-county.  The amount due an urban service district shall be distributed to the governing board of the consolidated city-county."

(j)        G.S 105-277A(d)(5) reads as rewritten:

"(5)      'Taxing unit' means a unit that levied a property tax or for which another unit collected a property tax for the fiscal year beginning July 1 of the year preceding the date fiscal year a distribution is made under this section."

(k)       G.S. 105-213.1(d) reads as rewritten:

"(d)      Source. - Funds distributed under this section shall be drawn from collections received under Division I II of Article 4 of this Chapter."

(l)        Subsections (h) and (i) become effective July 1, 1995, and apply beginning with taxes collected during the calendar quarter ending June 30, 1995.  Subsection (k) of this section is effective upon ratification.  The remaining subsections of this section become effective July 1, 1995.

 

PART 7.  DEPARTMENT OF ADMINISTRATION

 

Requested by:  Senator Plexico, Representatives Crawford, Wainwright

STATE CAPITOL RESTORATION

Sec. 27.  For all construction projects concerning restoration of the North Carolina State Capitol, the Department of Administration may prequalify bidders.

 

Requested by:  Senator Plexico, Representatives Crawford, Wainwright

OFFICE OF MARINE AFFAIRS' TRANSFER TO THE DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES

Sec. 28.  (a) G.S. 143B-279.3(a) is amended by adding a new subdivision to read:

"(14)   Office of Marine Affairs, Department of Administration."

(b)       G.S. 143B-279.3(b) is amended by adding a new subdivision to read:

"(23)   North Carolina Aquariums Commission, Department of Administration."

(c)       G.S. 143B-279.2 is amended by adding a new subdivision to read:

"(1a)    To administer the State Outer Continental Shelf (OCS) Task Force and coordinate State participation activities in the federal outer continental shelf resource recovery programs as provided under the OCS Lands Act Amendments of 1978 (43 USC 1801 et seq.) and the OCS Lands Act Amendments of 1986 (43 USC 1331 et seq.)."

(d)       Part 8A of Article 9 of Chapter 143B of the General Statutes, G.S. 143B-390.2 through G.S. 143B-390.4, is recodified as Part 5B of Article 7 of Chapter 143B of the General Statutes, G.S. 143B-289.20 through G.S. 143B-289.22.

(e)       G.S. 143B-390.2, as recodified as G.S. 143B-289.20 by subsection (d) of this section, reads as rewritten:

" 143B-289.20.  Office of Marine Affairs - organization; powers and duties.

(a)       The Office shall be organized as prescribed by the Secretary of Administration the Department of Environment, Health, and Natural Resources and exercise the following powers and duties:

(1)       Repealed by Session Laws 1991, c. 320, s. 3.

(1a)     To establish and maintain the North Carolina Aquariums;

(1b)     To administer the operations of the North Carolina Aquariums, such administrative duties to include, but not be limited to the following:

a.         Adopt goals and objectives for the Aquariums and review and revise these goals and objectives periodically;

b.         Review and approve requests for use of the Aquarium facilities and advise the Secretary of Administration the Department of Environment, Health, and Natural Resources on the most appropriate use consistent with the goals and objectives of the Aquariums;

c.         Continually review and evaluate the types of projects and programs being carried out in the Aquarium facilities and determine if the operation of the facilities is in compliance with the established goals and objectives;

d.         Recommend to the Secretary of Administration the Department of Environment, Health, and Natural Resources any policies and procedures needed to assure effective staff performance and proper liaison among Aquarium facilities in carrying out the overall purposes of the Aquarium programs;

e.         Review Aquarium budget submissions to the Secretary of Administration; the Department of Environment, Health, and Natural Resources;

f.          Recruit and recommend to the Secretary of Administration the Department of Environment, Health, and Natural Resources candidates for the positions of directors of the North Carolina Aquariums; and

g.         Create local advisory committees in accordance with the provisions of G.S. 143B-390.4. 143B-289.22.

(2)       Provide staff to the North Carolina Council on Ocean Affairs in furtherance of the Council's statutory powers and duties;

(3)       Advise the Secretary of Administration regarding the analysis, planning and implementation of current and future State and federal goals, policies and programs relating to the ocean and marine resources of North Carolina, such duties to include, but not be limited to, giving advice regarding:

a.         Providing recommendations to other educational, informational and policy-making bodies regarding marine and ocean resource issues;

b.         Administering* the State Outer Continental Shelf (OCS) Task Force and coordinate State participation activities in the federal outer continental shelf resource recovery programs as provided under the OCS Lands Act Amendments of 1978 (43 USC 1801 et seq.) and the OCS Lands Act Amendments of 1986 (43 USC 1331 et seq.); and

c.         Coordinating necessary legal or technical research to carry out the duties set forth in this subdivision.

(4)       to (6) Repealed by Session Laws 1991, c. 320, s. 3.

(7)       Assume any other powers and duties assigned to it by the Secretary.

(b)       The Secretary may adopt any rules and procedures necessary to implement this section."

(f)        G.S. 143B-390.4, as recodified as G.S. 143B-289.22 by subsection (d) of this section reads as rewritten:

" 143B-289.22.  Local advisory committees; duties; membership.

Local advisory committees created pursuant to G.S. 143B-390.2(a)(1b) G.S. 143B-289.20(a)(1b) shall assist each North Carolina Aquarium in its efforts to establish projects and programs and to assure adequate citizen-consumer input into those efforts.  Members of these committees shall be appointed by the Secretary of Administration the Department of Environment, Health, and Natural Resources for three-year terms from nominations made by the Director of the Office of Marine Affairs.  Each committee shall select one of its members to serve as chairperson.  Members of the committees shall serve without compensation for services or expenses."

(g)       Part 8B of Article 9 of Chapter 143B of the General Statutes is repealed.

(h)       Part 8C of Article 9 of Chapter 143B of the General Statutes, G.S. 143B-390.15 through G.S. 143B-390.16, is recodified as Part 28 of Article 7 of Chapter 143B of the General Statutes, G.S. 143B-344.16 through G.S. 143B-344.17.

(i)        G.S. 143B-390.16, as recodified as G.S. 143B-344.17 by subsection (h) of this section, reads as rewritten:

" 143B-344.17.  North Carolina Aquariums Commission - organization, powers, and duties.

(a)       The Commission shall consist of 12 members appointed as follows:

(1)       Four members appointed by the Governor, including one member designated by the Governor to serve as chair of the Commission and one member appointed upon recommendation of the North Carolina Aquarium Society, Inc., who resides in one of the counties where the North Carolina Aquariums are located:  Carteret, Dare, and New Hanover,

(2)       Four members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121, including one member appointed upon the recommendation of the North Carolina Aquarium Society, Inc., who resides in another of the counties where the North Carolina Aquariums are located:  Carteret, Dare, and New Hanover,

(3)       Four members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121, including one member appointed upon the recommendation of the North Carolina Aquarium Society, Inc., who resides in another of the counties where the North Carolina Aquariums are located:  Carteret, Dare, and New Hanover.

(b)       Commission members shall serve for terms of four years, beginning July 1, 1992, and may be removed at any time by the appointing authority.  If a vacancy on the Commission occurs, the appointing authority shall appoint a replacement to serve for the unexpired term.

(c)       The Commission shall meet upon the call of the chair.

(d)       The Secretary of Administration the Department of Environment, Health, and Natural Resources shall provide staff support for Commission activities and travel reimbursement for Commission members.

(e)       The Commission may recommend a schedule of uniform fees for the North Carolina Aquariums to the Secretary of the Department of Administration Environment, Health, and Natural Resources who may adopt the schedule.  The schedule may be revised from time to time by the same procedure.

(f)        The North Carolina Special Aquariums Fund, hereafter 'Fund', is hereby created, and shall be a special and nonreverting fund.  The Fund shall be used only for repair, maintenance, and educational exhibit construction at existing aquariums.  The Fund may also be used to match private funds that are raised for these purposes.

(g)       All entrance fee receipts shall be credited to the Fund.  The Secretary of Administration the Department of Environment, Health, and Natural Resources may expend monies from the Fund only upon the authorization of the General Assembly."

 

Requested by:  Senator Plexico, Representatives Crawford, Wainwright

DEPARTMENT OF ADMINISTRATION EMPLOYEE TRAINING

Sec. 29.  Of the funds appropriated for Travel Expenses in the Division of Information Services, Department of Administration, during fiscal year 1993-94 and fiscal year 1994-95, at least three thousand dollars ($3,000) per year shall be used to support employee training.

 

Requested by:  Senator Plexico, Representatives Crawford, Wainwright

ALLOCATION OF RAPE CRISIS CENTER FUNDS

Sec. 30.  All funds for the Rape Crisis Centers appropriated to the Department of Administration, the North Carolina Council for Women, for the 1993-94 fiscal year and the 1994-95 fiscal year in this act shall be available to Rape Crisis Centers providing direct services to victims of sexual assault and rape prevention services.  Funds shall be awarded according to criteria established by the Department of Administration.  Grants shall be awarded by September 1 each fiscal year and the funds shall be disbursed on a quarterly basis.

 

Requested by:  Senator Plexico, Representatives Crawford, Wainwright

DOMESTIC VIOLENCE CENTER FUNDS

Sec. 31.  The funds appropriated in this act to the Department of Administration, the North Carolina Council for Women, for the 1993-94 fiscal year and for the 1994-95 fiscal year for domestic violence centers shall be allocated equally among domestic violence centers in operation on July 1, 1990, that offer services including a hotline, transportation services, community education programs, daytime services, and call forwarding during the night and that fulfill other criteria established by the Department of Administration.  Grants shall be awarded based on criteria established by the Department of Administration and disbursed on a quarterly basis.  The North Carolina Coalition against Domestic Violence, Incorporated, is eligible for a grant of ten thousand dollars ($10,000) under this section.

 

Requested by:  Senator Plexico, Representatives Crawford, Wainwright

PARKING REVENUES

Sec. 32.  The Secretary of Administration may use funds from parking revenues that are in excess of parking system expense requirements to fund the ten dollar ($10.00) per month subsidies for vanpools and transit passes.

 

Requested by:  Representatives Wainwright, Crawford, Gray, Senators Plexico, Martin of Guilford

MARTIN LUTHER KING, JR. COMMISSION FUNDS

Sec. 32.1.  At least two-thirds of the funds appropriated to the Department of Administration for the Martin Luther King, Jr. Commission shall be used for program development and support.

 

PART 8.  DEPARTMENT OF CULTURAL RESOURCES

 

Requested by:  Senator Plexico, Representatives Crawford,  Wainwright, Gray

REPEAL RESTRICTION ON GRASSROOTS ARTS PROGRAM FUNDS

Sec. 33.  Section 5 of Chapter 1008 of the 1977 Session Laws reads as rewritten:

"Sec. 5.  Funds for counties without organizations which meet the necessary standards set by the Department of Cultural Resources shall be retained by the department and used for arts programming within these counties.  Where feasible, the department shall maintain the same per capita rate for distribution of funds to these counties and shall require the same matching ratio.  No State funds appropriated for the programs set forth in this act shall be used to pay for personnel positions."

 

Requested by:  Senator Plexico, Representatives Crawford, Wainwright

CULTURAL RESOURCES SECURITY OFFICERS

Sec. 34.  On July 1, 1994, the Department of Cultural Resources shall redefine the job responsibilities of its security positions so that the services of a certified law enforcement officer are no longer required, and shall accordingly discontinue payments to the Law Enforcement Officers' Retirement System.

 

Requested by:  Senator Plexico, Representatives Crawford, Wainwright

DEPARTMENT OF CULTURAL RESOURCES VEHICLES

Sec. 35.  On or before December 30, 1993, the Department of Cultural Resources shall transfer ownership of all vans, pickups, utility vehicles, and similar passenger-carrying vehicles to the Division of Motor Fleet Management, Department of Administration.

 

Requested by:  Representatives Crawford, Wainwright, Gray, Senator Plexico

NORTH CAROLINA SYMPHONY FUNDS

Sec. 37.  The Department of Cultural Resources shall use funds appropriated in this act to the Department for the North Carolina Symphony to expand symphony programs into economically depressed rural counties and low-wealth school administrative districts.

The Department shall reduce by one-half any fee customarily paid by a sponsor for a performance by the North Carolina Symphony if:  (i) the sponsor is located in an economically depressed county or a low-wealth school administrative district and (ii) the symphony has not performed in that county or local school administrative district during the calendar year in which the request is made.

 

Requested by:  Representatives Wilkins, Crawford, Wainwright, Senator Plexico

STATE AID TO PUBLIC LIBRARIES FUNDS

Sec. 38.  A grant to a local library system from the Aid to Public Libraries Fund shall not be terminated but shall be reduced proportionately by the Department of Cultural Resources if the local funding for a public library was reduced by the local governing body as part of an overall general budgetary reduction reflecting local economic conditions and local government fiscal constraints.

 

PART 9.  OFFICE OF THE GOVERNOR

 

Requested by:  Senator Plexico, Representatives Crawford, Wainwright, Gray

COUNCIL OF GOVERNMENT FUNDS

Sec. 39.  (a) Of the funds appropriated in this act to the Office of State Planning, eight hundred sixty-four thousand two hundred seventy dollars ($864,270) for the 1993-94 fiscal year and eight hundred sixty-four thousand two hundred seventy dollars ($864,270) for the 1994-95 fiscal year shall only be used as provided by this section.  Each regional council of government or lead regional organization is allocated up to forty-eight thousand fifteen dollars ($48,015) for each fiscal year, with the actual amount calculated as provided in subsection (b) of this section.

(b)       The funds shall be allocated as follows:  A share of the maximum forty-eight thousand fifteen dollars ($48,015) each fiscal year shall be allocated to each county and smaller city based on the most recent annual estimate of the Office of State Budget and Management of the population of that county (less the population of any larger city within that county) or smaller city, divided by the sum of the total population of the region (less the population of larger cities within that region) and the total population of the region living in smaller cities.  Those funds shall be paid to the regional council of government for the region in which that city or county is located upon receipt by the Office of State Planning of a resolution of the governing board of the county or city requesting release of the funds.  If any city or county does not so request payment of funds by June 30 of a State fiscal year, that share of the allocation for that fiscal year shall revert to the General Fund.

(c)       A regional council of government may use funds appropriated by this section only to assist local governments in grant applications, economic development, community development, support of local industrial development activities, and other activities as deemed appropriate by the member governments.

(d)       Funds appropriated by this section may not be used for payment of dues or assessments by the member governments, and may not supplant funds appropriated by the member governments.

(e)       As used in this section "Larger City" means an incorporated city with a population of 50,000 or over.  "Smaller City" means any other incorporated city.

 

Requested by: Representatives Wainwright, Crawford, Gray, Senators Plyler, Plexico, Martin of Guilford

WORLD LANGUAGE CENTER FUNDS

Sec. 39.1. (a) It is the intent of the General Assembly that the North Carolina Center for World Languages and Cultures, which is to be located at Pfeiffer College in Misenheimer, Stanly County, become a self-supporting enterprise.  No State funds shall be used for capital construction unless approved by the General Assembly. The funds appropriated by this act to the Office of the Governor for the North Carolina Center for World Languages and Cultures for the 1993-94 fiscal year and for the 1994-95 fiscal year are contingent upon the receipt of matching funds as follows:

(1)       $250,000 for the 1993-94 fiscal year shall be matched by a gift of real estate to the State of no less than 25 acres of land.

(2)       $250,000 for the 1994-95 fiscal year shall be matched on a dollar-for-dollar basis by non-State funds.

(3)       Upon full satisfaction of the match requirements of subdivision (2) of this section, an additional $250,000 for the 1994-95 fiscal year shall be allocated for the World Language Center.

(b)       The land conveyed to the State by Pfeiffer College to satisfy the matching requirement in subsection (a) of this section shall revert to Pfeiffer College if the land ceases to be used as the site of the North Carolina Center for World Languages and Cultures and the deed conveying that property to the State shall include a reversion clause to that effect.

 

Requested by:  Representatives Wainwright, Crawford, Diamont, Senator Plexico

CITIES IN SCHOOLS FUNDS

Sec. 39.2.  Of the funds appropriated in this act to the Office of the Governor for Cities in Schools, the sum of one hundred fifty thousand dollars ($150,000) shall be matched by non-State funds on the basis of one non-State dollar for every State dollar.

 

Requested by:  Representatives Wainwright, Crawford, Gray, Senators Plexico, Martin of Guilford

NORTH CAROLINA EDUCATION STANDARDS AND ACCOUNTABILITY COMMISSION

Sec. 39.3.  (a) G. S. 115C-105.4(a), as enacted by Chapter 117 of the 1993 Session Laws, reads as rewritten:

"(a)      The Commission shall:

(1)       Develop standards that outline what a high school graduate should know and a series of benchmarks throughout the K-12 grades structured to identify how well a student is progressing towards the graduation standards.  Standards shall include how well a student is able to apply knowledge gained in such core subject areas as mathematics, science, communication, history, geography, and the arts.

(2)       Define a system of benchmarks at appropriate grade levels requiring students to demonstrate an ability to understand and apply what is expected of them in these standards.

(3)       Work with the Department of Public Instruction to ensure that end-of-course assessments for core subjects are consistent with these standards and with benchmarks set by the Commission leading to these standards.

(4)       Review and recommend a system of benchmark measurements that appropriately assess the requirements as outlined in subdivisions (2) and (3) of this subsection.  The Commission may consider multiple methods of developmental assessment.

(5)       Recommend ways to ensure that each student is challenged to the fullest extent of the student's ability by describing what actions shall be taken when a student's level of achievement on a standard is less than the student's potential.  The Commission shall estimate the number of students for whom these actions should be taken each year and the cost of doing so.

(6)       Recommend methods to measure each high school graduate's performance on the standards, including a system that incorporates a variety of measurement instruments used to assess a student's progress throughout the student's school career.  These measures may be used to assess a graduate's preparedness for work, continued schooling, and successful living.  The Commission shall estimate the number of students who are unlikely to meet the performance standards for high school graduation each year, describe what actions should be taken to enable these students to meet the standards, and estimate the cost of those actions.

(7)       Consider how the system of standards can serve the needs of exceptional children.

(8)       Consider and recommend any necessary refinements to the substance or implementation of the Standard Course of Study and the Testing Program.

(9)       Recommend the best methods of comparing North Carolina students' performance to that of students in other states and across the nation.

(10)     Recommend how standards and performance measures can accommodate the growing and changing body of knowledge.

(11)     Recommend any necessary statutory amendments to implement its recommendations."

(b)       G. S. 115C-105.5(3), as enacted by Chapter 117 of the 1993 Session Laws, reads as rewritten:

"(3)      The Commission shall annually advise the General Assembly, the Governor, and the State Board of Education on the standards and assessments.  In its report, the Commission shall estimate (i) the number of students each year who are unlikely to achieve at their potential and the cost of the actions that should be taken to enable these students to achieve at their potential, and (ii) the number of students who are unlikely to meet the performance standards for high school graduation each year and the cost of the actions that should be taken to enable these students to meet the standards."

(c)       Section 2 of Chapter 117 of the 1993 Session Laws reads as rewritten:

"Sec. 2.  This act becomes effective upon appropriation by the General Assembly of funds for the implementation of this act. July 1, 1993.  The Commission created by this act terminates December 31, 2000."

(d)       The North Carolina Education Standards and Accountability Commission shall report quarterly to the Joint Legislative Education Oversight Committee regarding the progress being made on the development of standards, benchmarks, and related assessments and the progress in incorporating those standards into existing classrooms.

 

PART 10.  DEPARTMENT OF INSURANCE

 

Requested by:  Representatives Crawford, Wainwright, Nesbitt, Senator Plexico

UNBUDGETED INSURANCE RECEIPTS REVERT TO GENERAL FUND

Sec. 40.  Appropriations to the Department of Insurance in this act shall be repaid to the General Fund from the Department of Insurance Fund in equal quarterly installments, except that the final installment of the fiscal year shall be reduced by the difference between the amount appropriated and actual expenditures in that fiscal year.  Notwithstanding provisions in Section 10 of this act, departmental receipts realized by the Department of Insurance in excess of amounts approved for expenditure by the General Assembly, as adjusted by the Office of State Budget and Management to reflect the distribution of statewide reserves, shall revert to the General Fund at the end of each fiscal year.

 

Requested by:  Representatives Crawford, Wainwright, Senator Plexico

FIRE/RESCUE COMMISSION STAFF

Sec. 41.  G.S. 58-78-5(a) reads as rewritten:

"(a)      The Commission shall have the following powers and duties:

(1)       To formally adopt a State Fire Education and Training Plan, a State Master Plan for Fire Prevention and Control, a Rescue Training Plan, and a State Master Plan for Rescue Services;

(2)       To assist and participate with State and local fire prevention and control agencies in the improvement of fire prevention and control in North Carolina and to work with State and local rescue agencies to improve rescue services in the State;

(3)       To increase the professional skills of fire protection and fire-fighting personnel and rescue personnel;

(4)       To encourage public support for fire prevention and control and rescue services;

(5)       To accept gifts, bequests, devises, grants, matching funds, and other considerations from private or governmental sources for use in promoting its work;

(6)       To make grants for use in pursuing its objectives, under such conditions as are deemed to be necessary and such other powers as may be necessary to carry out the State's duties with respect to all grants to the State by the United States Fire Administration and the National Fire Academy; and all support programs brought into the State by these two entities shall be coordinated and controlled by the Commission;

(7)       To make studies and recommendations for the improvement of fire prevention and control and rescue services in the State and to make studies and recommendations for the coordination and implementation of effective fire prevention and control and rescue services and for effective fire prevention and control and rescue services education;

(8)       To set objectives and priorities for the improvement of fire prevention and control and rescue services throughout the State;

(9)       To advise State and local interests of opportunities for securing federal assistance for fire prevention and control and rescue services and for improving fire prevention and control and rescue services administration and planning within the State of North Carolina;

(10)     To assist State agencies and institutions of local government and combinations thereof in the preparation and processing of applications for financial aid and to support fire prevention and control, rescue services, and planning and administration;

(11)     To encourage and assist coordination at the federal, State and local government levels in the preparation and implementation of fire prevention and control and rescue services administrative improvements and crime reduction plans;

(12)     To apply for, receive, disburse and audit the use of funds received from any public and private agencies and instrumentalities for fire prevention and control and rescue services, their administration and plans therefor;

(13)     To enter into monitoring and evaluating the results of contracts and agreements necessary or incidental to the discharge of its assigned responsibilities;

(14)     To provide technical assistance to State and local fire prevention and control and rescue agencies in developing programs for improvement;

(14a)   To serve as a central office for the collection and dissemination of information relative to fire service and rescue service activities and programs in State government.  All State government agencies conducting fire service and rescue service related programs and activities shall report the status of these programs and activities to the Commission on a quarterly basis and they shall also report to the Commission any new programs or changes to existing programs as they are implemented;

(14b)   To establish voluntary minimum professional qualifications for all levels of fire service and rescue service personnel;

(14c)   To prepare an annual report to the Governor on its fire prevention and control activities and plans, rescue activities and plans, and to recommend legislation concerning fire prevention and control and rescue services; and

(14d)   To reimburse the members of the Commission's certification board, in accordance with G.S. 138-5, for travel and subsistence expenses incurred by them in their duties as certification board officers; and

(15)     To take such other actions as may be deemed necessary or appropriate to carry out its assigned duties and responsibilities."

 

Requested by:  Representatives Crawford, Wainwright, Senator Plexico

STATE CONTROLLER REVIEW OF INSURANCE CHART OF ACCOUNTS

Sec. 42.  The Office of the State Controller as authorized by G.S. 143B-426.39 and this section shall review the chart of accounts used by the Department of Insurance and shall report to the 1993 General Assembly and to the Department of Insurance by March 1, 1994, the findings and recommendations of the State Controller's Office regarding changes needed to align the accounting practices in the Department of Insurance with standards of the Government Accounting Standards Board and generally accepted principles of governmental accounting used within the State's accounting system.

 

PART 11.  OFFICE OF THE LIEUTENANT GOVERNOR

 

Requested by:  Senator Plexico, Representatives Crawford, Wainwright

CERTAIN LIEUTENANT GOVERNOR APPROPRIATIONS NOT TO BE TRANSFERRED

Sec. 43.  Funds appropriated to the Office of Lieutenant Governor for Other Services and for Service and Maintenance Contracts shall not be transferred to other objects of expenditure.

 

PART 12.  DEPARTMENT OF REVENUE

 

Requested by:  Senator Plexico, Representatives Crawford, Wainwright

REVENUE FIELD OFFICE CLOSURES AND CONSOLIDATIONS

Sec. 44.  The Department of Revenue shall thoroughly analyze the effect of field office closures and consolidations executed pursuant to recommendations by the Government Performance Audit Committee, and shall report its findings to the General Assembly on or before March 31, 1994.  At a minimum, the report shall present evidence relevant to the following issues:

(1)       The impact of consolidation on tax compliance rates;

(2)       Changes in collections resulting from the loss of personal contact between taxpayers and Department of Revenue personnel engaged in taxpayer assistance; and

(3)       Increases in operating efficiency made possible by shifting to a smaller number of larger offices.

The General Assembly intends that this study by the Department of Revenue shall be considered, together with other relevant data, to determine whether a continued strategy of field office consolidation is in the public interest.

 

PART 13.  OFFICE OF STATE AUDITOR

 

Requested by:  Senator Plexico, Representatives Crawford, Wainwright

INFORMATION FROM PRIVATE ORGANIZATIONS RECEIVING STATE FUNDS; INFORMATION FROM STATE DEPARTMENTS AND AGENCIES PROVIDING STATE FUNDS

Sec. 45.  G.S. 143-6.1 reads as rewritten:

" 143-6.1.  Information from private organizations receiving State funds; information from State departments and agencies providing State funds.

Every corporation, organization, and institution which receives, uses or expends any State funds shall use or expend such funds only for the purposes for which such State funds were appropriated by the General Assembly or collected by the State.  State funds include federal funds that flow through the State.

Each corporation, organization, and institution which receives, uses or expends State funds in the amount of twenty-five thousand dollars ($25,000) or more annually, except when the funds are for the purchase of goods or services, shall file annually with the State Auditor and with the Joint Legislative Commission on Governmental Operations financial statements in such form and on such schedule as shall be prescribed by the State Auditor, and for that year in which twenty-five thousand dollars ($25,000) or more in State funds were received, used, or expended.  These financial statements shall be audited in accordance with the auditing standards prescribed by the State Auditor, and the audit report shall be received by the State Auditor within six months after the end of the private organization's year in which twenty-five thousand dollars ($25,000) or more were received, used, or expended.  Each corporation, organization, and institution shall furnish to the State Auditor for audit all books, records and other information as shall be necessary for the State Auditor to account fully for the use and expenditure of State funds.  Each such corporation, organization, and institution shall furnish such additional financial or budgetary information as shall be requested by the State Auditor or by the Joint Legislative Commission on Governmental Operations.  The State shall not disburse State funds appropriated by the General Assembly or collected by the State for use by any private person, corporation, organization, or institution unless until that person, corporation, organization, or institution has provided all the reports and financial information required by this section.  All financial statements furnished to the State Auditor or to the Joint Legislative Commission on Governmental Operations pursuant to this section, and any audits or other reports prepared by the State Auditor, shall be public records.

Each State department and agency shall identify to the State Auditor each corporation, organization, and institution to which State funds received by the department or agency have been provided, except for the purchase of goods and services, and submit documents to the State Auditor for approval in a prescribed format describing standards of compliance and suggested audit procedures sufficient to give adequate direction to independent auditors performing audits.

The receipt, use or expenditure of State funds by a corporation, organization, and institution shall not, in and of itself, make or constitute such corporation, organization, or institution a State agency."

 

PART 14.  SALARIES AND BENEFITS

 

Requested by:  Representatives Nesbitt, Diamont, Senators Daniel, Plyler

APPROPRIATIONS

Sec. 47.  (a) Of the funds appropriated from the General Fund to the Reserve for Salary Increases, the sum of sixty-four million twenty-seven thousand two hundred fifty-seven dollars ($64,027,257) for the 1993-94 fiscal year and sixty-eight million five hundred twenty-four thousand six hundred seventy-five dollars ($68,524,675) for the 1994-95 fiscal year shall be used to provide raises for State employees and school personnel other than teachers.

(b)       Of the funds appropriated from the Highway Fund to the Reserve for Salary Increases, the sum of six million nine hundred sixty-three thousand four hundred forty-six dollars ($6,963,446) for the 1993-94 fiscal year and the sum of six million nine hundred sixty-three thousand four hundred forty-six dollars ($6,963,446) for the 1994-95 fiscal year shall be used to provide raises for State employees.

(c)       Of the funds appropriated from the General Fund to the Reserve for Salary Increases, the sum of forty-two million four hundred forty-three thousand two hundred seventeen dollars ($42,443,217) for the 1993-94 fiscal year and the sum of forty-two million four hundred forty-three thousand two hundred seventeen dollars ($42,443,217) for the 1994-95 fiscal year shall be used to implement the teacher salary schedule provided in this act.  This is the equivalent of two percent (2%) of teacher payroll.

(d)       Of the funds appropriated from the Highway Fund to the Reserve for Salary Increases, the sum of one hundred forty-five thousand seven hundred ten dollars ($145,710) for the 1993-94 fiscal year and the sum of one hundred forty-five thousand seven hundred ten dollars ($145,710) for the 1994-95 fiscal year shall be used to implement the teacher salary schedule provided in this act.  This is the equivalent of two percent (2%) of teacher payroll.

(e)       Of the funds appropriated from the General Fund to the Reserve for Salary Increases, the sum of five million five hundred eighty-one thousand six hundred sixty-eight dollars ($5,581,668) for the 1993-94 fiscal year and the sum of five million five hundred eighty-one thousand six hundred sixty-eight dollars ($5,581,668) for the 1994-95 fiscal year shall be used to implement salary increases for employees in locally operated State-funded programs as provided in this act.

 

Requested by:  Senators Daniel, Plyler, Representatives Nesbitt, Diamont

GOVERNOR'S SALARY INCREASE

Sec. 48.  G.S. 147-11(a) reads as rewritten:

"(a)      The salary of the Governor shall be ninety-one thousand nine hundred thirty-eight dollars ($91,938) ninety-three thousand seven hundred seventy-seven dollars ($93,777) annually, payable monthly."

 

Requested by:  Senators Daniel, Plyler, Representatives Nesbitt, Diamont

COUNCIL OF STATE/SALARY INCREASE

Sec. 49.  The annual salaries for members of the Council of State, payable monthly, for the 1993-94 and 1994-95 fiscal years are:

Council of State                                                                                 Annual Salary

 

Lieutenant Governor                                                                              $77,289

Attorney General                                                                                      77,289

Secretary of State                                                                                     77,289

State Treasurer                                                                                         77,289

State Auditor                                                                                             77,289

Superintendent of Public Instruction                                                     77,289

Agriculture Commissioner                                                                     77,289

Insurance Commissioner                                                                         77,289

Labor Commissioner                                                                               77,289.

 

Requested by:  Senators Daniel, Plyler, Representatives Nesbitt, Diamont

NONELECTED DEPARTMENT HEAD/SALARY INCREASES

Sec. 50.  In accordance with G.S. 143B-9, the maximum annual salaries, payable monthly, for the nonelected heads of the principal State departments for the 1993-94 and 1994-95 fiscal years are:

Nonelected Department Heads                                                        Annual Salary

 

Secretary of Administration                                                                 $77,289

Secretary of Correction                                                                          77,289

Secretary of Crime Control and

Public Safety                                                                                77,289

Secretary of Cultural Resources                                                            77,289

Secretary of Commerce                                                                          77,289

Secretary of Environment, Health,

and Natural Resources                                                                 77,289

Secretary of Human Resources                                                              77,289

Secretary of Revenue                                                                               77,289

Secretary of Transportation                                                                    77,289.

 

Requested by:  Senators Daniel, Plyler, Representatives Nesbitt, Diamont

CERTAIN EXECUTIVE BRANCH OFFICIALS/SALARY INCREASES

Sec. 51.  (a)          The annual salaries, payable monthly, for the 1993-94 and 1994-95 fiscal years for the following executive branch officials are:

Executive Branch Officials                                                               Annual Salary

 

Chairman, Alcoholic Beverage Control

Commission                                                                               $74,389

State Controller                                                                                     120,301

Commissioner of Motor Vehicles                                                         74,389

Commissioner of Banks                                                                          74,389

Chairman, Employment Security

Commission                                                                                 74,389

State Personnel Director                                                                         77,289

Chairman, Parole Commission                                                               67,926

Members of the Parole Commission                                                     62,712

Chairman, Industrial Commission                                                          66,837

Members of the Industrial Commission                                                65,209

Executive Director, Agency for Public

Telecommunications                                                                   62,712

General Manager, Ports Railway

Commission                                                                                 56,628

Director, Museum of Art                                                                        76,225

Executive Director, Wildlife Resources

Commission                                                                                 64,205

Executive Director, North Carolina

Housing Finance Agency                                                             92,063

Executive Director, North Carolina

Agricultural Finance Authority                                                   72,406

Director, Office of Administrative

Hearings                                                                                        65,674.

(b)       Any person carrying on the functions of a position listed in subsection (a) of this section shall be paid only the salary set out in that subsection, and the mere classification of the position to be some other position does not allow the salary of that position to be set in some other manner.

 

Requested by:  Senators Daniel, Plyler, Representatives Nesbitt, Diamont

LEGISLATORS/SALARY AND EXPENSES INCREASE

Sec. 52.  Effective upon convening of the 1995 Regular Session of the General Assembly, G.S. 120-3 reads as rewritten:

" 120-3.  Pay of members and officers of the General Assembly.

(a)       The Speaker of the House shall be paid an annual salary of thirty-five thousand six hundred twenty-two dollars ($35,622), thirty-six thousand three hundred thirty-four dollars ($36,334), payable monthly, and an expense allowance of one thousand three hundred twenty forty-six dollars ($1,320) ($1,346) per month.  The President Pro Tempore of the Senate shall be paid an annual salary of thirty-five thousand six hundred twenty-two dollars ($35,622), thirty-six thousand three hundred thirty-four dollars ($36,334), payable monthly, and an expense allowance of one thousand three hundred twenty forty-six dollars ($1,320) ($1,346) per month.  The Speaker Pro Tempore of the House shall be paid an annual salary of twenty thousand two hundred ninety-eight dollars seven hundred four dollars ($20,298), ($20,704) payable monthly, and an expense allowance of seven hundred eighty ninety-six dollars ($780.00) ($796.00) per month.  The Deputy President Pro Tempore of the Senate shall be paid an annual salary of twenty thousand two hundred ninety-eight dollars seven hundred four ($20,298), ($20,704) payable monthly, and an expense allowance of seven hundred eighty ninety-six dollars ($780.00) ($796.00) per month.  The majority and minority leaders in the House and the majority and minority leaders in the Senate shall be paid an annual salary of fifteen thousand nine hundred eighteen dollars ($15,918), sixteen thousand two hundred thirty-six dollars ($16,236) payable monthly, and an expense allowance of six hundred twenty-two thirty-four dollars ($622.00) ($634.00) per month.

(b)       Every other member of the General Assembly shall receive increases in annual salary only to the extent of and in the amounts equal to the average increases received by employees of the State, effective upon convening of the next Regular Session of the General Assembly after enactment of these increased amounts.  Accordingly, upon convening of the 1993 1995 Regular Session of the General Assembly, every other member of the General Assembly shall be paid an annual salary of thirteen thousand twenty-six two hundred eighty-seven dollars ($13,026), ($13,287) payable monthly, and an expense allowance of five hundred twenty-two thirty-two dollars ($522.00) ($532.00) per month.

(c)       The salary and expense allowances provided in this section are in addition to any per diem compensation and any subsistence and travel allowance authorized by any other law with respect to any regular or extra session of the General Assembly, and service on any State board, agency, commission, standing committee and study commission."

 

Requested by:  Senators Daniel, Plyler, Representatives Nesbitt, Diamont

GENERAL ASSEMBLY PRINCIPAL CLERKS/SALARY INCREASES

Sec. 53.  G.S. 120-37(c) reads as rewritten:

"(c)      The principal clerks shall be full-time officers.  Each principal clerk shall be entitled to other benefits available to permanent legislative employees and shall be paid an annual salary of forty-six thousand six hundred eighty-six dollars ($46,686), forty-seven thousand six hundred twenty dollars ($47,620) payable monthly.  The Legislative Services Commission shall review the salary of the principal clerks prior to submission of the proposed operating budget of the General Assembly to the Governor and Advisory Budget Commission and shall make appropriate recommendations for changes in those salaries.  Any changes enacted by the General Assembly shall be by amendment to this paragraph."

 

Requested by:  Senators Daniel, Plyler, Representatives Nesbitt, Diamont

SERGEANT-AT-ARMS AND READING CLERKS/SALARY INCREASES

Sec. 54.  G.S. 120-37(b) reads as rewritten:

"(b)      The sergeant-at-arms and the reading clerk in each house shall be paid a salary of two hundred nineteen dollars ($219.00) two hundred twenty-three dollars ($223.00) per week, plus subsistence at the same daily rate provided for members of the General Assembly, plus mileage at the rate provided for members of the General Assembly for one round trip only from their homes to Raleigh and return.  The sergeants-at-arms shall serve during sessions of the General Assembly and at such time prior to the convening of, and subsequent to adjournment or recess of, sessions as may be authorized by the Legislative Services Commission.  The reading clerks shall serve during sessions only."

 

Requested by:  Senators Daniel, Plyler, Representatives Nesbitt, Diamont

LEGISLATIVE EMPLOYEES/SALARY INCREASES

Sec. 55.  The Legislative Administrative Officer may increase the salaries of nonelected employees of the General Assembly in effect for fiscal year 1992-93 by an amount equal to two percent (2%).  Nothing in this act limits any of the provisions of G.S. 120-32.

 

Requested by:  Senators Daniel, Plyler, Representatives Nesbitt, Diamont

JUDICIAL BRANCH OFFICIALS/SALARY INCREASE

Sec. 56.  (a) The annual salaries, payable monthly, for specified judicial branch officials for fiscal year 1993-94 and fiscal year 1994-95 are:

Judicial Branch Officials                                                    Annual Salary

 

Chief Justice, Supreme Court                                                $93,777

Associate Justice, Supreme Court                                           91,855

Chief Judge, Court of Appeals                                                 88,930

Judge, Court of Appeals                                                            86,996

Judge, Senior Regular Resident

Superior Court                                                                    79,823

Judge, Superior Court                                                               77,289

Chief Judge, District Court                                                      68,256

Judge, District Court                                                                 65,674

District Attorney                                                                       71,965

Assistant District Attorney - an

average of                                                                            46,738

Administrative Officer of the Courts                                      79,823

Assistant Administrative Officer

of the Courts                                                                       65,160

Public Defender                                                                         71,965

Assistant Public Defender - an

average of                                                                            46,738.

If an acting senior regular resident superior court judge is appointed under the provisions of G.S. 7A-41, he shall receive the salary for Judge, Senior Regular Resident, Superior Court, until his temporary appointment is vacated, and the judge he replaces shall receive the salary indicated for Judge, Superior Court.

The district attorney or public defender of a judicial district, with the approval of the Administrative Officer of the Courts, shall set the salaries of assistant district attorneys or assistant public defenders, respectively, in that district such that the average salaries of assistant district attorneys or assistant public defenders in that district do not exceed forty-six thousand seven hundred thirty-eight dollars ($46,738), and the minimum salary of any assistant district attorney or assistant public defender is at least twenty-three thousand eight hundred sixty-two dollars ($23,862) effective July 1, 1993.

(b)       The salaries in effect for fiscal year 1992-93 for permanent, full-time employees of the Judicial Department, except for those whose salaries are itemized in this act, shall be increased by two percent (2%), commencing July 1, 1993.

(c)       The salaries in effect for fiscal year 1992-93 for all permanent, part-time employees of the Judicial Department shall be increased on and after July 1, 1993, by pro rata amounts of the two percent (2%).

 

Requested by:  Representatives Nesbitt, Diamont, Senators Daniel, Plyler

CLERK OF SUPERIOR COURT SALARY DETERMINATION/INCREASE

Sec. 57.  (a) G.S. 7A-101 reads as rewritten:

" 7A-101.  Compensation.

(a)       The clerk of superior court is a full-time employee of the State and shall receive an annual salary, payable in equal monthly installments, based on the population of the county as determined in subsection (a1) of this section, according to the following schedule:

Population                                                                                 Annual Salary

                                                                                                            '1992-93'

Less than 100,000                                                                 $47,442 $48,391

100,000 to 199,999  149,999                                                53,550   54,621

200,000 and above150,000 to 249,999                                 61,026.  62,247

250,000 and above                                                                   68,256.

 

When a county changes from one population group to another, the salary of the clerk shall be changed, on July 1 of the fiscal year for which the change is reported, to the salary appropriate for the new population group, except that the salary of an incumbent clerk shall not be decreased by any change in population group during his continuance in office."

(b)       The increase required for the new annual salaries provided in subsection (a) of this section shall be funded from funds available to the Administrative Office of the Courts for fiscal years 1993-94 and 1994-95.

 

Requested by:  Representatives Nesbitt, Diamont, Senators Daniel, Plyler

ASSISTANT AND DEPUTY CLERKS OF COURT/SALARY INCREASE

Sec. 58.  G.S. 7A-102(c) reads as rewritten:

"(c)      Notwithstanding the provisions of subsection (a), the Administrative Officer of the Courts shall establish an incremental salary plan for assistant clerks and for deputy clerks based on a series of salary steps corresponding to the steps contained in the Salary Plan for State Employees adopted by the Office of State Personnel, subject to a minimum and a maximum annual salary as set forth below.  On and after July 1, 1985, each assistant clerk and each deputy clerk shall be eligible for an annual step increase in his salary plan based on satisfactory job performance as determined by each clerk.  Notwithstanding the foregoing, if an assistant or deputy clerk's years of service in the office of superior court clerk would warrant an annual salary greater than the salary first established under this section, that assistant or deputy clerk shall be eligible on and after July 1, 1984, for an annual step increase in his salary plan.  Furthermore, on and after July 1, 1985, that assistant or deputy clerk shall be eligible for an increase of two steps in his salary plan, and shall remain eligible for a two-step increase each year as recommended by each clerk until that assistant or deputy clerk's annual salary corresponds to his number of years of service.  Any person covered by this subsection who would not receive a step increase in fiscal year 1992-93 1993-94 because that person is at the top of the salary range as it existed for fiscal year 1990-91 1992-93 shall receive a salary increase to the maximum annual salary provided for fiscal year 1992-93 by subsection (c1) of this section."

Sec. 59.  G.S. 7A-102(c1) reads as rewritten:

"(c1)    A full-time assistant clerk or a full-time deputy clerk shall be paid an annual salary subject to the following minimum and maximum rates:

Assistant Clerks                                                                            Annual Salary

                                                                                                     '1992-93'

Minimum                                                                                   $20,712

Maximum                                                                               35,262   35,967

 

Deputy Clerks                                                                               Annual Salary

                                                                                                     '1992-93'

Minimum                                                                             $16,236 $16,560

Maximum                                                                               27,162.  27,705."

 

Requested by:  Senators Daniel, Plyler, Representatives Nesbitt, Diamont

MAGISTRATES/SALARY INCREASE

Sec. 60.  G.S. 7A-171.1(a)(1) reads as rewritten:

"(1)      A full-time magistrate, so designated by the Administrative Officer of the Courts, shall be paid the annual salary indicated in the table below according to the number of years he has served as a magistrate.  The salary steps shall take effect on the anniversary of the date the magistrate was originally appointed:

 

Table of Salaries of Full-Time Magistrates

 

Number of Prior Years of Service                        Annual Salary

                                                                                      '1992-93'

Less than 1                                                              $17,058 $17,399

1 or more but less than 3                                          17,934   18,293

3 or more but less than 5                                          19,698   20,092

5 or more but less than 7                                          21,642   22,075

7 or more but less than 9                                          23,814   24,290

9 or more but less than 11                                       26,178   26,702

11 or more                                                                 28,758   29,333.

 

A 'Full-time magistrate' is a magistrate who is assigned to work an average of not less than 40 hours a week during his term of office.

Notwithstanding any other provision of this subdivision, a full-time magistrate, who was serving as a magistrate on December 31, 1978, and who was receiving an annual salary in excess of that which would ordinarily be allowed under the provisions of this subdivision, shall not have the salary, which he was receiving reduced during any subsequent term as a full-time magistrate.  That magistrate's salary shall be fixed at the salary level from the table above which is nearest and higher than the latest annual salary he was receiving on December 31, 1978, and, thereafter, shall advance in accordance with the schedule in the table above."

 

Requested by:  Senators Daniel, Plyler, Ward, Representatives Nesbitt, Diamont

COMMUNITY COLLEGES PERSONNEL/SALARY INCREASES

Sec. 61.  The Director of the Budget may transfer from the Reserve for Salary Increases created in this act for fiscal years 1993-94 and 1994-95 funds to the Department of Community Colleges necessary to provide an average annual salary increase of two percent (2%), including funds for the employer's retirement and social security contributions, commencing July 1, 1993, for all permanent full-time community college institutional personnel supported by State funds.  The State Board shall establish guidelines for providing salary increases to community college institutional personnel.  Salary funds shall be used to provide an average annual salary increase of two percent (2%) to all full-time employees and part-time employees on a pro rata basis.

 

Requested by:  Senators Daniel, Plyler, Ward, Representatives Nesbitt, Diamont

HIGHER EDUCATION PERSONNEL/SALARY INCREASES

Sec. 62.  The Director of the Budget shall transfer to the Board of Governors of The University of North Carolina sufficient funds from the Reserve for Salary Increases created in this act for fiscal year 1993-94 and fiscal year 1994-95 to provide an annual average salary increase of two percent (2%), including funds for the employer's retirement and social security contributions, commencing July 1, 1993, for all employees of The University of North Carolina, as well as employees of the North Carolina School of Science and Mathematics, supported by State funds and whose salaries are exempt from the State Personnel Act.  These funds shall be allocated to individuals according to the rules adopted by the Board of Governors, or the Board of Trustees of the North Carolina School of Science and Mathematics, as appropriate, and may not be used for any purpose other than for salary increases and necessary employer contributions provided by this section.

 

Requested by:  Senators Daniel, Plyler, Representatives Nesbitt, Diamont

MOST STATE EMPLOYEES/SALARY INCREASES/1993-94

Sec. 63.  (a) The salaries in effect for fiscal year 1992-93 for all permanent full-time State employees whose salaries are set in accordance with the State Personnel Act and who are paid from the General Fund or the Highway Fund shall be increased, on and after July 1, 1993, unless otherwise provided by this act, by two percent (2%).

(b)       Except as otherwise provided in this act, the fiscal year 1992-93 salaries for permanent full-time State officials and persons in exempt positions that are recommended by the Governor or the Governor and the Advisory Budget Commission and set by the General Assembly shall be increased by two percent (2%), commencing July 1, 1993.

(c)       The salaries in effect for fiscal year 1992-93 for all permanent part-time State employees shall be increased on and after July 1, 1993, by pro rata amounts of the two percent (2%) salary increase provided for permanent full-time employees covered under subsection (a) of this section.

(d)       The Director of the Budget may allocate out of special operating funds or from other sources of the employing agency, except tax revenues, sufficient funds to allow a salary increase, on and after July 1, 1993, in accordance with subsections (a), (b), or (c) of this section, including funds for the employer's retirement and social security contributions, for the permanent full-time and part-time employees of the agency, provided the employing agency elects to make available the necessary funds.

(e)       Within regular Executive Budget Act procedures as limited by this act, all State agencies and departments may increase on an equitable basis the rate of pay of temporary and permanent hourly State employees, subject to availability of funds in the particular agency or department, by pro rata amounts of the two percent (2%) salary increase provided for permanent full-time employees covered by the provisions of subsection (a) of this section, commencing July 1, 1993.

(f)        The provisions of this section do not apply to employees whose salaries are determined in accordance with G.S. 7A-102 or G.S. 20-187.3(a), except for those employees who would not receive a salary increment for the 1993-94 fiscal year under G.S. 7A-102 or G.S. 20-187.3(a) because they are at the top of their salary range.

 

Requested by:  Senators Daniel, Plyler, Representatives Nesbitt, Diamont

SALARY INCREASE FOR STATE FUNDED LOCAL PROGRAMS

Sec. 64.  Of the funds appropriated from the General Fund for the Reserve for Salary Increases in this act for the 1993-94 fiscal year and the 1994-95 fiscal year, funds shall be made available for employees in locally operated State funded programs in an amount equivalent to a two percent (2%) across-the-board salary increase.  Such employees do not receive the compensation bonus provided in this act.

 

Requested by:  Representatives Nesbitt, Diamont, Senators Daniel, Plyler

PUBLIC SCHOOL PERSONNEL/SALARY INCREASES

Sec. 65.  (a) Superintendents, Assistant Superintendents, Associate Superintendents, Supervisors, Directors, Coordinators, Evaluators, and Program Administrators.  - The Director of the Budget may transfer from the Reserve for Salary Increases created in this act for fiscal year 1993-94 and fiscal year 1994-95 funds necessary to provide a salary increase of two percent (2%), including funds for the employer's retirement and social security contributions, commencing July 1, 1993, for all superintendents, assistant superintendents, associate superintendents, supervisors, directors, coordinators, evaluators, and program administrators whose salaries are supported from the State's General Fund.  These funds may not be used for any purpose other than for the salary increase and necessary employer contributions provided by this subsection.

(b)       Noncertified Employees. - The Director of the Budget may transfer from the Reserve for Salary Increases created in this act for fiscal year 1993-94 and fiscal year 1994-95 funds necessary to provide a salary increase of two percent (2%), including funds for the employer's retirement and social security contributions, commencing July 1, 1993, for all noncertified public school employees, except school bus drivers, whose salaries are supported from the State's General Fund.  These funds may not be used for any purpose other than for the salary increases and necessary employer contributions provided by this subsection.

(c)       The fiscal year 1992-93 pay rates adopted by local boards of education for school bus drivers shall be increased by at least two percent (2%) on and after July 1, 1993, to the extent that such rates of pay are supported by the allocation of State funds from the State Board of Education.  Local boards of education shall increase the rates of pay for all school bus drivers who were employed during fiscal year 1992-93 and who continue their employment for fiscal year 1993-94 and fiscal year 1994-95 by at least two percent (2%) on and after July 1, 1993.  The Director of the Budget may transfer from the salary increase reserve fund created in this act for fiscal year 1993-94 and fiscal year 1994-95 funds necessary to provide the salary increases for school bus drivers whose salaries are supported from the State's General Fund in accordance with the provisions of this subsection.

 

Requested by: Representatives Nesbitt, Diamont, Senators Daniel, Plyler

ALL STATE-SUPPORTED PERSONNEL/SALARY INCREASES

Sec. 66.  (a) Salaries for positions that are funded partially from the General Fund or Highway Fund and partially from sources other than the General Fund or Highway Fund shall be increased from the General Fund or Highway Fund appropriation only to the extent of the proportionate part of the salaries paid from the General Fund or Highway Fund.

(b)       The granting of the salary increases under this act does not affect the status of eligibility for salary increments for which employees may be eligible unless otherwise required by this act.

(c)       The salary increases provided in this Part are to be effective July 1, 1993, do not apply to persons separated from State service due to resignation, dismissal, reduction in force, death, or retirement, whose last workday is prior to July 1, 1993, or to employees involved in final written disciplinary procedures.  The employee shall receive the increase on a current basis when the final written disciplinary procedure is resolved.

Payroll checks issued to employees after July 1, 1993, which represent payment for services provided prior to July 1, 1993, shall not be eligible for salary increases provided for in this act.  This subsection shall apply to all employees, subject to or exempt from the State Personnel Act, paid from State funds, including public schools, community colleges, and The University of North Carolina.

(d)       Notwithstanding the provisions of Section 19.1 of Chapter 1137 of the 1979 Session Laws, as amended by Chapter 1053 of the 1981 Session Laws, G.S. 115C-12(9)a., 115C-12(16), 126-7, or any other provision of law other than G.S. 20-187.3(a) and G.S. 7A-102(c), no employee or officer of the public school system shall receive an automatic increment, and no State employee or officer shall receive a merit increment during the 1993-94 and 1994-95 fiscal years, except as otherwise permitted by this act.

(e)       The Director of the Budget shall transfer from the Reserve for Salary Increases created in this act for fiscal year 1993-94 and fiscal year 1994-95 all funds necessary for the salary increases provided by this act, including funds for the employer's retirement and social security contributions.

(f)        Nothing in this act authorizes the transfer of funds from the General Fund to the Highway Fund for salary increases.

 

Requested by:  Senators Daniel, Plyler, Representatives Barnes, Nesbitt, Diamont

RESERVE FOR LOWEST PAID EMPLOYEES

Sec. 67.  Notwithstanding any other provisions of the current law, the Office of State Budget and Management may use funds in the Reserve for Lowest Paid Employees for the purpose of continuing salary increases awarded during fiscal year 1992-93 to the lowest paid State employees pursuant to Section 37 of Chapter 1066 of the 1989 Session Laws.

 

Requested by:  Representatives Barnes, Nesbitt, Senators Daniel, Plyler

SET A WAGE FLOOR FOR THE LOWEST PAID STATE EMPLOYEES

Sec. 68.  (a) The hiring rate of Salary Grade 50 under the State Personnel System is twelve thousand eight hundred seventy-seven dollars ($12,877) per year.  The salary of any employee at Salary Grade 50 which is less than that amount is raised to that amount.

(b)       The hiring rate of Salary Grade 51 under the State Personnel System is twelve thousand nine hundred seventy-seven dollars ($12,977) per year.  The salary of any employee at Salary Grade 51 which is less than that amount is raised to that amount.

(c)       The hiring rate of Salary Grade 52 under the State Personnel System is thirteen thousand seventy-nine dollars ($13,079) per year.  The salary of any employee at Salary Grade 52 which is less than that amount is raised to that amount.

(d)       Of the funds appropriated to the Reserve for Salary Increases for fiscal year 1993-94 the sum of one hundred thirty-five thousand five hundred dollars ($135,500) and for fiscal year 1994-95 the sum of one hundred thirty-five thousand five hundred dollars ($135,500) shall be used to implement this section.

(e)       The Office of State Personnel may use salary adjustment funds to adjust salaries in Grades 50 through 52 on the basis of years of experience for persons who on June 30, 1993, were above the hiring rate but will be at the hiring rate for their grade as a result of this section.

 

Requested by: Representatives Nesbitt, Diamont, Senators Daniel, Plyler

COMPENSATION BONUS

Sec. 69. (a) Any person:

(1)       Whose salary is set by or under this Part;

(2)       Who was, in the first half of the 1993-94 fiscal year, a permanent officer or permanent employee whose salary is set by or under this Part; and

(3)       Who was such an officer or employee for the entire first half of the fiscal year, or, if the permanent position was for a contract which provides for a term of four months or more during the period July 1, 1993 through December 31, 1993 held the permanent position for the entire term of the contract

shall receive in December of 1993, a compensation bonus of one percent (1%) of the annual salary for that position.

(b)       Any person:

(1)       Who is not eligible for the compensation bonus provided by subsection (a) of this section;

(2)       Whose salary is set by or under this Part;

(3)       Who was, in the second half of the 1993-94 fiscal year, a permanent officer or permanent employee whose salary is set by or under this Part; and

(4)       Who was such an officer or employee for the entire second half of the fiscal year, or, if the permanent position was for a contract which provides for a term of four months or more during the period January 1, 1994 through June 30, 1994 held the permanent position for the entire term of the contract

shall receive in June of 1994, a compensation bonus of one percent (1%) of the annual salary for that position.

(c)       Any person:

(1)       Whose salary is set by or under Section 132 of this act;

(2)       Who was, in the first half of the 1993-94 fiscal year, a principal or assistant principal whose salary is set by or under Section 132 of this act;

(3)       Who was such an principal or assistant principal for the entire first half of the fiscal year, or, if the position was for a contract which provides for a term of four months or more during the period July 1, 1993 through December 31, 1993 held the position for the entire term of the contract; and

(4)       Whose salary was increased by Section 132 of this act by less than two percent (2%)

shall receive in December of 1993, a compensation bonus of the difference between two percent (2%) and the percentage by which the salary was increased by Section 132 of this act but not to exceed one percent (1%) of the annual salary.

(d)       Any person:

(1)       Who is not eligible for the compensation bonus provided by subsection (c) of this section;

(2)       Whose salary is set by or under Section 132 of this act;

(3)       Who was, in the second half of the 1993-94 fiscal year, a principal or assistant principal whose salary is set by or under this Part;

(4)       Who was such a principal or assistant principal for the entire second half of the fiscal year, or, if the position was for a contract which provides for a term of five months or more during the period January 1, 1994, through June 30, 1994, held the position for the entire term of the contract; and

(5)       Whose salary was increased by Section 132 of this act by less than two percent (2%)

shall receive in June of 1994, a compensation bonus of the difference between two percent (2%) and the percentage by which the salary was increased by Section 132 of this act but not to exceed one percent (1%) of the annual salary.

(e)       The annual salary on which the percentage bonus is based is the annual salary in effect during the pay period in which the bonus is paid.

(f)        The provisions of this section do not apply to persons whose salaries are determined in accordance with G.S. 7A-102 or G.S. 20-187.3(a), except for those employees who would not receive a salary increment for the 1993-94 fiscal year under G.S. 7A-102 or G.S. 20-187.3(a) because they are at the top of their salary range, and do not apply to persons whose salaries are set by G.S. 120-3.

(g)       The Director of the Budget shall transfer from the Reserve for Compensation Bonus provided by this act sufficient funds to implement this section.

 

Requested by: Representatives Nesbitt, Diamont, Senators Daniel, Plyler

SALARY-RELATED CONTRIBUTIONS/EMPLOYERS

Sec. 70.  (a) Required employer salary-related contributions for employees whose salaries are paid from department, office, institution, or agency receipts shall be paid from the same source as the source of the employees' salary.  If an employee's salary is paid in part from the General Fund or Highway Fund and in part from department, office, institution, or agency receipts, required employer salary-related contributions may be paid from the General Fund or Highway Fund only to the extent of the proportionate part paid from the General Fund or Highway Fund in support of the salary of the employee, and the remainder of the employer's requirements shall be paid from the source that supplies the remainder of the employee's salary.  The requirements of this section as to source of payment are also applicable to payments on behalf of the employee for hospital-medical benefits, longevity pay, unemployment compensation, accumulated leave, workers' compensation, severance pay, separation allowances, and applicable disability income and disability salary continuation benefits.

(b)       Effective July 1, 1993, the State's employer contribution rates budgeted for retirement and related benefits as a percentage of covered salaries for the 1993-94 and 1994-95 fiscal years are (i) ten and ninety-six hundredths percent (10.96%) - Teachers and State Employees; (ii) fifteen and ninety-six hundredths percent (15.96%) - State Law Enforcement Officers; (iii) eight and ninety-two hundredths percent (8.92%) - University Employees' Optional Retirement Program; (iv) twenty-four and eighty-three hundredths percent (24.83%) - Consolidated Judicial Retirement System; and (v) thirty-two and thirty hundredths percent (32.30%) - Legislative Retirement System.  Each of the foregoing contribution rates includes two percent (2%) for hospital and medical benefits.  The rate for State Law Enforcement Officers includes five percent (5%) for the Supplemental Retirement Income Plan.  The rates for Teachers and State Employees, State Law Enforcement Officers, and for the University Employees' Optional Retirement Program includes forty-two hundredths percent (0.42%) for the Disability Income Plan.

(c)       The maximum annual employer contributions, payable monthly, by the State for each covered employee or retiree for the 1993-94 fiscal year and the 1994-95 fiscal year to the Teachers' and State Employees' Comprehensive Major Medical Plan are: (i) Medicare-eligible employees and retirees - one thousand three hundred twenty-one dollars ($1,321); and (ii) Non-Medicare-eligible employees and retirees - one thousand seven hundred thirty-six dollars ($1,736).

 

Requested by: Senators Daniel, Plyler, Representatives Nesbitt, Diamont

ALLOW LEGISLATORS SERVING IN JANUARY 1985 TO PURCHASE CREDITABLE SERVICE IN THE LEGISLATIVE RETIREMENT SYSTEM

Sec. 71.  G.S. 120-4.12 is amended by adding a new subsection to read:

"(c1)    Any member of the Retirement System who was a member of the General Assembly as of January 1985 may purchase prior service credit for the month of January 1985 based upon seven percent (7%) of the compensation received for that period."

 

Requested by:  Representatives Nesbitt, Diamont, Senators Daniel, Plyler

ALLOW LOCAL BOARDS OF EDUCATION TO ESTABLISH SICK LEAVE BANKS FOR PUBLIC SCHOOL EMPLOYEES

Sec. 72. (a) Effective January 1, 1994, G.S. 115C-336 is amended by designating the existing language as subsection (a) and by adding a new subsection to read:

"(b)      The State Board of Education shall adopt rules and regulations for the establishment of voluntary sick leave banks by local boards of education, from which an employee, upon exhaustion of accumulated sick leave and annual leave, when allowable, may withdraw sick leave days in the event of emergency or catastrophic illness.  These rules may include, but not be limited to, (i) requirements of minimum service and minimum balance of sick leave before an employee may join the sick leave bank, (ii) enrollment periods for present employees and new hires, (iii) time limits for rejoining the sick leave bank, (iv) limitation on number of days which can be withdrawn by any employee, (v) waiting period before being eligible to withdraw sick leave, (vi) exclusion of illness or injury covered by Workers' Compensation Benefits, (vii) certification by physician attesting to member's illness or accident, (viii) administration of each sick leave bank by a Sick Leave Bank Committee to be made up of representatives of different classifications of employees, and (ix) other requirements to prevent any adverse selection by employees.  The rules concerning the establishment of sick leave banks shall include provisions for notifying employees who donate sick leave to and employees who withdraw sick leave from the sick leave bank, of the State retirement credit consequences as to the donated sick leave."

(b)       The Department of Public Instruction in fiscal years 1993-94 and 1994-95 may reimburse, from funds appropriated by this act, local school administrative units for items relating to sick leave used by employees under this section.

(c)       Each local school administrative unit creating a sick leave bank under the rules and regulations adopted by the State Board of Education shall report to the Department of Public Instruction, on a schedule prescribed by that Department, the number of employees participating, itemized by job classification, the number of sick leave days withdrawn, and the cost of the leave.

 

Requested by:  Representatives Nesbitt, Diamont, Bowman, Senators Daniel, Plyler

ALLOW PUBLIC SCHOOL EMPLOYEES AND STATE EMPLOYEES TO CONVERT EXCESS ANNUAL LEAVE DAYS TO SICK LEAVE

Sec. 73. (a) G.S. 115C-272(b)(2) reads as rewritten:

"(2)      Notwithstanding any provisions of this section to the contrary no person shall be entitled to pay for any vacation day not earned by that person. Vacation days shall not be used for extending the term of employment of individuals and shall not be cumulative from one fiscal year to another fiscal year: Provided, that superintendents may accumulate annual vacation leave days as follows: annual leave may be accumulated without any applicable maximum until June 30 of each year. On June 30 of each year, any superintendent with more than 30 days of accumulated leave shall have the excess accumulation cancelled converted to sick leave so that only 30 days are carried forward to July 1 of the same year. All vacation leave taken by the superintendent will be upon the authorization of his immediate supervisor and under policies established by the local board of education. An employee shall be paid in a lump sum for accumulated annual leave not to exceed a maximum of 240 hours when separated from service due to resignation, dismissal, reduction in force, death, or service retirement. If the last day of terminal leave falls on the last workday in the month, payment shall be made for the remaining nonworkdays in that month. Employees retiring on disability retirement may exhaust annual leave rather than be paid in a lump sum. The provisions of this subdivision shall be accomplished without additional State and local funds being appropriated for this purpose. The State Board of Education shall adopt rules and regulations for the administration of this subdivision."

(b)       G.S. 115C-285(a)(2) reads as rewritten:

"(2)      Supervisors and classified principals paid on an hourly or other basis whether paid from State or from local funds may accumulate annual vacation leave days as follows:  annual leave may be accumulated without any applicable maximum until June 30 of each year.  On June 30 of each year, any supervisor or principals with more than 30 days of accumulated leave shall have the excess accumulation cancelled converted to sick leave so that only 30 days are carried forward to July 1 of the same year.  All vacation leave taken by the employee will be upon the authorization of his immediate supervisor and under policies established by the local board of education.  An employee shall be paid in a lump sum for accumulated annual leave not to exceed a maximum of 240 hours when separated from service due to resignation, dismissal, reduction in force, death, or service retirement.  If the last day of terminal leave falls on the last workday in the month, payment shall be made for the remaining nonworkdays in that month.  Employees retiring on disability retirement may exhaust annual leave rather than be paid in a lump sum.  The provisions of this subdivision shall be accomplished without additional State and local funds being appropriated for this purpose.  The State Board of Education shall adopt rules and regulations for the administration of this subdivision."

(c)       G.S. 115C-302(a)(3) reads as rewritten:

"(3)      Notwithstanding any provisions of this section to the contrary no person shall be entitled to pay for any vacation day not earned by that person.  The first 10 days of annual vacation leave earned by a teacher during any fiscal year period shall be scheduled to be used in the school calendar adopted by the respective local boards of education.  Vacation days shall not be used for extending the term of employment of individuals.  Teachers may accumulate annual vacation leave days as follows: annual leave may be accumulated without any applicable maximum until June 30 of each year.  On June 30 of each year, any teachers with more than 30 days of accumulated leave shall have the excess accumulation cancelled converted to sick leave so that only 30 days are carried forward to July 1 of the same year.  All vacation leave taken by the teacher will be upon the authorization of his immediate supervisor and under policies established by the local board of education.  An employee shall be paid in a lump sum for accumulated annual leave not to exceed a maximum of 240 hours when separated from service due to resignation, dismissal, reduction in force, death, or service retirement.  If the last day of terminal leave falls on the last workday in the month, payment shall be made for the remaining nonworkdays in that month.  Employees retiring on disability retirement may exhaust annual leave rather than be paid in a lump sum.  The provisions of this subdivision shall be accomplished without additional State and local funds being appropriated for this purpose.  The State Board of Education shall adopt rules and regulations for the administration of this subdivision."

(d)       G.S. 115C-316(a)(3) reads as rewritten:

"(3)      Notwithstanding any provisions of this section to the contrary no person shall be entitled to pay for any vacation day not earned by that person.  The first 10 days of annual leave earned by a 10- or 11-month employee during any fiscal year period shall be scheduled to be used in the school calendar adopted by the respective local boards of education.  Vacation days shall not be used for extending the term of employment of individuals.  Ten- or 11-month employees may accumulate annual vacation leave days as follows:  annual leave may be accumulated without any applicable maximum until June 30 of each year.  On June 30 of each year, any of these employees with more than 30 days of accumulated leave shall have the excess accumulation cancelled converted to sick leave so that only 30 days are carried forward to July 1 of the same year.  All vacation leave taken by these employees will be upon the authorization of their immediate supervisor and under policies established by the local board of education.  An employee shall be paid in a lump sum for accumulated annual leave not to exceed a maximum of 240 hours when separated from service due to resignation, dismissal, reduction in force, death or service retirement.  If the last day of terminal leave falls on the last workday in the month, payment shall be made for the remaining nonworkdays in that month.  Employees retiring on disability retirement may exhaust annual leave rather than be paid in a lump sum.  The provisions of this subdivision shall be accomplished without additional State and local funds being appropriated for this purpose.  The State Board of Education shall adopt rules and regulations for the administration of this subdivision."

(e)       G.S. 115C-316(a)(4) reads as rewritten:

"(4)      Twelve-month school employees other than superintendents, supervisors and classified principals paid on an hourly or other basis whether paid from State or from local funds may accumulate annual vacation leave days as follows: annual leave may be accumulated without any applicable maximum until June 30 of each year.  On June 30 of each year, any employee with more than 30 days of accumulated leave shall have the excess accumulation cancelled converted to sick leave so that only 30 days are carried forward to July 1 of the same year.  All vacation leave taken by the employee will be upon the authorization of his immediate supervisor and under policies established by the local board of education.  An employee shall be paid in a lump sum for accumulated annual leave not to exceed a maximum of 240 hours when separated from service due to resignation, dismissal, reduction in force, death, or service retirement.  If the last day of terminal leave falls on the last workday in the month, payment shall be made for the remaining nonworkdays in that month.  Employees retiring on disability retirement may exhaust annual leave rather than be paid in a lump sum.  The provisions of this subdivision shall be accomplished without additional State and local funds being appropriated for this purpose.  The State Board of Education shall adopt rules and regulations for the administration of this subdivision."

(f)        G.S. 126-8 reads as rewritten:

" 126-8.  Minimum leave granted State employees.

The amount of vacation leave granted to each full-time State employee subject to the provisions of this Chapter shall be determined in accordance with a graduated scale established by the State Personnel Commission which shall allow the equivalent rate of not less than two weeks' vacation per calendar year, prorated monthly, cumulative to at least 30 days. Any State employee who has vacation leave in excess of the allowed accumulation shall have that leave converted to sick leave.  Sick leave allowed as needed to such State employees shall be at a rate not less than 10 days for each calendar year, cumulative from year to year. Notwithstanding any other provisions of this section, no full-time State employee subject to the provisions of Chapter 126, as the same appears in the Cumulative Supplement to Volume 3B of the General Statutes, on May 23, 1973, shall be allowed less than the equivalent of three weeks' vacation per calendar year, cumulative to at least 30 days."

(g)       This section becomes effective June 30, 1993.

 

Requested by:  Senators Daniel, Plyler, Representatives Nesbitt, Diamont

PROVIDE AN INCREASE TO RETIREES OF THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM, THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, THE CONSOLIDATED JUDICIAL RETIREMENT SYSTEM, AND THE LEGISLATIVE RETIREMENT SYSTEM, AND TO INCREASE THE RETIREMENT FORMULA WITH ADJUSTING INCREASE TO RETIREES OF THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM

Sec. 74.  (a) G.S. 120-4.22A is amended by adding a new subsection to read:

"(h)      In accordance with subsection (a) of this section, from and after July 1, 1993, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before January 1, 1993, shall be increased by one and six-tenths percent (1.6%) of the allowance payable on January 1, 1993.  Furthermore, from and after July 1, 1993, the retirement allowance to or on account of beneficiaries whose retirement commenced after January 1, 1993, but before June 30, 1993, shall be increased by a prorated amount of one and six-tenths percent (1.6%) of the allowance payable as determined by the Board of Trustees based upon the number of months that a retirement allowance was paid between January 1, 1993, and June 30, 1993."

(b)       G.S. 128-27 is amended by adding a new subsection to read:

"(ll)     From and after July 1, 1993, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before July 1, 1992, shall be increased by one and six-tenths percent (1.6%) of the allowance payable on July 1, 1992, in accordance with G.S. 128-27(k).  Furthermore, from and after July 1, 1993, the retirement allowance to or on account of beneficiaries whose retirement commenced after July 1, 1992, but before June 30, 1993, shall be increased by a prorated amount of one and six-tenths percent (1.6%) of the allowance payable as determined by the Board of Trustees based upon the number of months that a retirement allowance was paid between July 1, 1992, and June 30, 1993."

(c)       G.S. 135-5(b13) reads as rewritten:

"(b13) Service Retirement Allowance of Members Retiring on or after July 1, 1992.1992, but before July 1, 1993. - Upon retirement from service in accordance with subsection (a) above, on or after July 1, 1992, but before July 1, 1993, a member shall receive the following service retirement allowance:

(1)       A member who is a law enforcement officer or an eligible former law enforcement officer shall receive a service retirement allowance computed as follows:

a.         If the member's service retirement date occurs on or after his 55th birthday, and completion of five years of creditable service as a law enforcement officer, or after the completion of 30 years of creditable service, the allowance shall be equal to one and seventy hundredths percent (1.70%) of his average final compensation, multiplied by the number of years of his creditable service.

b.         This allowance shall also be governed by the provisions of G.S. 135-5(b9)(1)b.

(2)       A member who is not a law enforcement officer or an eligible former law enforcement officer shall receive a service retirement allowance computed as follows:

a.         If the member's service retirement date occurs on or after his 65th birthday upon the completion of five years of creditable service or after the completion of 30 years of creditable service or on or after his 60th birthday upon the completion of 25 years of creditable service, the allowance shall be equal to one and seventy hundredths percent (1.70%) of his average final compensation, multiplied by the number of years of creditable service.

b.         This allowance shall also be governed by the provisions of G.S. 135-5(b9)(2)b. c. and d."

(d)       G.S. 135-5 is amended by adding a new subsection to read:

"(b14) Service Retirement Allowance of Members Retiring on or after July 1, 1993. - Upon retirement from service in accordance with subsection (a) above, on or after July 1, 1993, a member shall receive the following service retirement allowance:

(1)       A member who is a law enforcement officer or an eligible former law enforcement officer shall receive a service retirement allowance computed as follows:

a.         If the member's service retirement date occurs on or after his 55th birthday, and completion of five years of creditable service as a law enforcement officer, or after the completion of 30 years of creditable service, the allowance shall be equal to one and seventy-one hundredths percent (1.71%) of his average final compensation, multiplied by the number of years of his creditable service.

b.         If the member's service retirement date occurs after his 50th and before his 55th birthday with 15 or more years of creditable service as a law enforcement officer and prior to the completion of 30 years of creditable service, the allowance shall be computed as in G.S. 135-5(b14)(1)a., but shall be reduced by one-third of one percent (1/3 of 1%) thereof for each month by which the retirement date precedes the first day of the month coincident with or next following his 55th birthday.

(2)       A member who is not a law enforcement officer or an eligible former law enforcement officer shall receive a service retirement allowance computed as follows:

a.         If the member's service retirement date occurs on or after his 65th birthday upon the completion of five years of creditable service or after the completion of 30 years of creditable service or on or after his 60th birthday upon the completion of 25 years of creditable service, the allowance shall be equal to one and seventy-one hundredths percent (1.71%) of his average final compensation, multiplied by the number of years of creditable service.

b.         If the member's service retirement date occurs after his 60th birthday and before his 65th birthday and prior to the completion of 25 years or more of creditable service, the retirement allowance shall be computed as in G.S. 135-5(b14)(2)a. but shall be reduced by one-quarter of one percent (1/4 of 1%) thereof for each month by which his retirement date precedes the first day of the month coincident with or next following his 65th birthday.

c.         If the member's service retirement date occurs before his 60th birthday and prior to the completion of 30 or more years of creditable service, the service retirement allowance shall be the actuarial equivalent of the allowance payable at the age of 60 years as computed in G.S. 135(b14)(2)b.

d.         Notwithstanding the foregoing provisions, any member whose creditable service commenced prior to July 1, 1963, shall receive not less than the benefit provided by G.S 135-5(b)."

(e)       G.S 135-5 is amended by adding two new subsections to read:

"(vv)    Increase in Allowance as to Persons on Retirement Rolls as of June 1, 1993. - From and after July 1, 1993, the retirement allowance to or on account of beneficiaries on the retirement rolls as of June 1, 1993, shall be increased by six-tenths of one percent (.6%) of the allowance payable on June 1, 1993.  This allowance shall be calculated on the allowance payable and in effect on June 30, 1993, so as not to be compounded on any other increase granted by act of the 1993 General Assembly.

(ww)    From and after July 1, 1993, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before July 1, 1992, shall be increased by one and six-tenths percent (1.6%) of the allowance payable on July 1, 1992, in accordance with G.S. 135-5(o).  Furthermore, from and after July 1, 1993, the retirement allowance to or on account of beneficiaries whose retirement commenced after July 1, 1992, but before June 30, 1993, shall be increased by a prorated amount of one and six-tenths percent (1.6%) of the allowance payable as determined by the Board of Trustees based upon the number of months that a retirement allowance was paid between July 1, 1992, and June 30, 1993."

(f)        G.S. 135-65 is amended by adding a new subsection to read:

"(n)      From and after July 1, 1993, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before July 1, 1992, shall be increased by one and six-tenths percent (1.6%) of the allowance payable on July 1, 1992.  Furthermore, from and after July 1, 1993, the retirement allowance to or on account of beneficiaries whose retirement commenced after July 1, 1992, but before June 30, 1993, shall be increased by a prorated amount of one and six-tenths percent (1.6%) of the allowance payable as determined by the Board of Trustees based upon the number of months that a retirement allowance was paid between July 1, 1992, and June 30, 1993."

(g)       In order to fund the provisions of this Part, the Board of Trustees of the Teachers' and State Employees' Retirement System, the Consolidated Judicial Retirement System, and the Legislative Retirement System, with the advice of the consulting actuary, shall apply the unencumbered actuarial gains in the Systems by allocating the percentage of payroll contribution rates for employers between the normal and accrued liability contributions to the Retirement System.

 

Requested by: Senators Daniel, Plyler, Harris, Representatives Nesbitt, Diamont

PROVIDE THAT RETIRED MEMBERS IN RECEIPT OF A RETIREMENT ALLOWANCE FROM THE STATE-ADMINISTERED RETIREMENT SYSTEMS SHALL RECEIVE RETIREMENT BENEFITS EQUAL TO AN AMOUNT NOT LESS THAN THE ACCUMULATED CONTRIBUTIONS OF THE RETIREE AT RETIREMENT

Sec. 74.1.  (a) G.S. 120-4.26 reads as rewritten:

" 120-4.26.  Benefit payment options.

Any member may elect to receive his benefits in a retirement allowance payable throughout life, or he may elect to receive the actuarial equivalent of the retirement allowance in a reduced allowance payable throughout life under the provisions of one of the options set forth below.  No election may be made after the first payment becomes due, or the first retirement check cashed, nor may an election be revoked or a nomination changed.  The election of Option 2 or Option 3 or the nomination of the person thereunder shall be revoked if the person nominated dies prior to the date the first payment becomes normally due or until the first retirement check has been cashed.  The election may be revoked by the member prior to the date the first payment becomes normally due or until his first retirement check has been cashed.  Provided, however, any member having elected Options 2 or 3 and nominated his or her spouse to receive a retirement allowance upon the member's death may, after divorce from his or her spouse, revoke the nomination and elect a new option, effective on the first day of the month in which the new option is elected, providing for a retirement allowance computed to be the actuarial equivalent to the retirement allowance in effect immediately prior to the effective date of the new option.

Option 1. - For Members Retiring Prior to July 1, 1993. - If a member dies within 10 years from his retirement date, an amount equal to his accumulated contributions at retirement, less one-one hundred twentieth (1/120) for each month for which he has received a retirement allowance payment, shall be paid to his legal representative or to the person he nominates by written designation acknowledged and filed with the Board of Trustees;

Option 2. - Upon his death, his reduced retirement allowance shall be continued throughout the life of and paid to the person he nominates by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement.  If the person selected is other than his spouse, the reduced retirement allowance payable to the member shall not be less than one half of the retirement allowance without optional modification which would otherwise be payable to him; or

Option 3. - Upon his death, one half of his reduced retirement allowance shall be continued throughout the life of and paid to the person he nominates by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement."

(b)       Article 1A of Chapter 120 of the General Statutes is amended by adding a new section to read:

" 120-4.26A.  Benefits on death after retirement.

In the event of the death of a retired member while in receipt of a retirement allowance under the provisions of this Article, there shall be paid to such person or persons as the retiree shall have nominated by written designation duly acknowledged and filed with the Board of Trustees, if such person or persons are living at the time of the retiree's death, otherwise to the retiree's legal representatives, a death benefit equal to the excess, if any, of the accumulated contributions of the retiree at the date of retirement over the total of the retirement allowances paid prior to the death of the retiree.

In the event that a retirement allowance becomes payable to the designated survivor of a retired member under the provisions of G.S. 120-4.26 and such retirement allowance to the survivor shall terminate upon the death of the survivor before the total of the retirement allowances paid to the retiree and the designated survivor combined equals the amount of the accumulated contributions of the retiree at the date of retirement, the excess, if any, of such accumulated contributions over the total of the retirement allowances paid to the retiree and the survivor combined shall be paid in a lump sum to such person or persons as the retiree shall have nominated by written designation duly acknowledged and filed with the Board of Trustees, if such person or persons are living at the time such payment falls due, otherwise to the retiree's legal representative."

(c)       G.S. 128-27(g) reads as rewritten:

"(g)      Election of Optional Allowance. - With the provision that until the first payment on account of any benefit becomes normally due, or his first retirement check has been cashed, any member may elect to receive his benefits in a retirement allowance payable throughout life, or he may elect to receive the actuarial equivalent of such retirement allowance in a reduced allowance payable throughout life under the provisions of one of the Options set forth below.  The election of Option two or Option three or nomination of the person thereunder shall be revoked if such person nominated dies prior to the date the first payment becomes normally due or the first retirement check has been cashed.  Such election may be revoked by the member prior to the date the first payment becomes normally due or his first retirement check has been cashed.  Provided, however, any member having elected Options two, three, five, or six and nominated his or her spouse to receive a retirement allowance upon the member's death may, after divorce from his or her spouse, revoke the nomination and elect a new option, effective on the first day of the month in which the new option is elected, providing for a retirement allowance computed to be the actuarial equivalent of the retirement allowance in effect immediately prior to the effective date of the new option.

Option one. (a) In the Case of a Member Who Retires prior to July 1, 1965. - If he dies before he has received in annuity payments the present value of his annuity as it was at the time of his retirement, the balance shall be paid to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees or, if none, to his legal representative.

(b)       In the Case of a Member Who Retires on or after July 1, 1965.1965, but prior to July 1, 1993. - If he dies within 10 years from his retirement date, an amount equal to his accumulated contributions at retirement, less one one-hundred-twentieth thereof for each month for which he has received a retirement allowance payment, shall be paid to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees or, if none, to his legal representative; or

Option two. Upon his death his reduced retirement allowance shall be continued throughout the life of and paid to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement, provided that if the person selected is other than his spouse the reduced retirement allowance payable to the member shall not be less than one half of the retirement allowance without optional modification which would otherwise be payable to him; or

Option three. Upon his death, one half of his reduced retirement allowance shall be continued throughout the life of, and paid to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement; or

Option four. Adjustment of Retirement Allowance for Social Security Benefits. - Until the first payment on account of any benefit becomes normally due, any member may elect to convert his benefit otherwise payable on his account after retirement into a retirement allowance of equivalent actuarial value of such amount that with his benefit under Table II of the Federal Social Security Act, he will receive, so far as possible, approximately the same amount per year before and after the earliest age at which he becomes eligible, upon application therefor, to receive a social security benefit.  A member who makes an election in accordance with this option shall be deemed to have made a further election of Option one above.

Option five. For Members Retiring prior to July 1, 1993.  The member may elect: elect to (1) To receive a reduced retirement allowance under the conditions of Option two or Option three, as provided for above, with the modification that if both he and the person nominated die within 10 years from his retirement date, an amount equal to his accumulated contributions at retirement, less 1/120th thereof for each month for which a retirement allowance has been paid, shall be paid to his legal representatives or to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees; Trustees. or

(2)       To receive a reduced retirement allowance during his life with provisions for some other benefit to be paid after his death in accordance with a plan submitted to and approved by the Board of Trustees.

Option six. A member may elect either Option two or Option three with the added provision that in the event the designated beneficiary predeceases the member, the retirement allowance payable to the member after the designated beneficiary's death shall be equal to the retirement allowance which would have been payable had the member not elected the option."

(d)       G.S. 128-27 is amended by adding a new subsection to read:

"(g1)    In the event of the death of a retired member while in receipt of a retirement allowance under the provisions of this Article, there shall be paid to such person or persons as the retiree shall have nominated by written designation duly acknowledged and filed with the Board of Trustees, if such person or persons are living at the time of the retiree's death, otherwise to the retiree's legal representatives, a death benefit equal to the excess, if any, of the accumulated contributions of the retiree at the date of retirement over the total of the retirement allowances paid prior to the death of the retiree.

In the event that a retirement allowance becomes payable to the designated survivor of a retired member under the provisions above and such retirement allowance to the survivor shall terminate upon the death of the survivor before the total of the retirement allowances paid to the retiree and the designated survivor combined equals the amount of the accumulated contributions of the retiree at the date of retirement, the excess, if any, of such accumulated contributions over the total of the retirement allowances paid to the retiree and the survivor combined shall be paid in a lump sum to such person or persons as the retiree shall have nominated by written designation duly acknowledged and filed with the Board of Trustees, if such person or persons are living at the time such payment falls due, otherwise to the retiree's legal representative."

(e)       G.S. 135-5(g) reads as rewritten:

"(g)      Election of Optional Allowance. - With the provision that until the first payment on account of any benefit becomes normally due, or his first retirement check has been cashed, any member may elect to receive his benefits in a retirement allowance payable throughout life, or he may elect to receive the actuarial equivalent of such retirement allowance in a reduced allowance payable throughout life under the provisions of one of the options set forth below.  The election of Option 2 or Option 3 or nomination of the person thereunder shall be revoked if such person nominated dies prior to the date the first payment becomes normally due or until the first retirement check has been cashed.  Such election may be revoked by the member prior to the date the first payment becomes normally due or until his first retirement check has been cashed.  Provided, however, any member having elected Options 2, 3, 5, or 6 and nominated his or her spouse to receive a retirement allowance upon the member's death may, after divorce from his or her spouse, revoke the nomination and elect a new option, effective on the first day of the month in which the new option is elected, providing for a retirement allowance computed to be the actuarial equivalent of the retirement allowance in effect immediately prior to the effective date of the new option.

Option 1.        (a)       In the Case of a Member Who Retires prior to July 1, 1963. - If he dies before he has received in annuity payments the present value of his annuity as it was at the time of his retirement, the balance shall be paid to his legal representatives or to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees.

(b)       In the Case of a Member Who Retires on or after July 1, 1963.1963, but prior to July 1, 1993. - If he dies within 10 years from his retirement date, an amount equal to his accumulated contributions at retirement, less 1/120 thereof for each month for which he has received a retirement allowance payment, shall be paid to his legal representatives or to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees; or

Option 2.        Upon his death his reduced retirement allowance shall be continued throughout the life of and paid to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement, provided that if the person selected is other than his spouse the reduced retirement allowance payable to the member shall not be less than one half of the retirement allowance without optional modification which would otherwise be payable to him; or

Option 3.        Upon his death, one half of his reduced retirement allowance shall be continued throughout the life of, and paid to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement; or

Option 4.        Adjustment of Retirement Allowance for Social Security Benefits. - Until the first payment on account of any benefit becomes normally due, any member may elect to convert his benefit otherwise payable on his account after retirement into a retirement allowance of equivalent actuarial value of such amount that with his benefit under Title II of the Federal Social Security Act, he will receive, so far as possible, approximately the same amount per year before and after the earliest age at which he becomes eligible, upon application therefor, to receive a social security benefit.A member who makes an election in accordance with this option shall be deemed to have made a further election of Option 1 above.

Option 5.        For Members Retiring Prior to July 1, 1993. - The member may elect: elect to (1) To receive a reduced retirement allowance under the conditions of Option 2 or Option 3, as provided for above, with the modification that if both he and the person nominated die within 10 years from his retirement date, an amount equal to his accumulated contributions at retirement, less 1/120 thereof for each month for which a retirement allowance has been paid, shall be paid to his legal representatives or to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees; Trustees.or

(2)       To receive a reduced retirement allowance during his life with provision for some other benefit to be paid after his death in accordance with a plan submitted to and approved by the Board of Trustees.

Option 6.        A member may elect either Option 2 or Option 3 with the added provision that in the event the designated beneficiary predeceases the member, the retirement allowance payable to the member after the designated beneficiary's death shall be equal to the retirement allowance which would have been payable had the member not elected the option."

(f)        G.S. 135-5 is amended by adding a new subsection to read:

"(g1)    In the event of the death of a retired member while in receipt of a retirement allowance under the provisions of this Article, there shall be paid to such person or persons as the retiree shall have nominated by written designation duly acknowledged and filed with the Board of Trustees, if such person or persons are living at the time of the retiree's death, otherwise to the retiree's legal representatives, a death benefit equal to the excess, if any, of the accumulated contributions of the retiree at the date of retirement over the total of the retirement allowances paid prior to the death of the retiree.

In the event that a retirement allowance becomes payable to the designated survivor of a retired member under the provisions above and such retirement allowance to the survivor shall terminate upon the death of the survivor before the total of the retirement allowances paid to the retiree and the designated survivor combined equals the amount of the accumulated contributions of the retiree at the date of retirement, the excess, if any, of such accumulated contributions over the total of the retirement allowances paid to the retiree and the survivor combined shall be paid in a lump sum to such person or persons as the retiree shall have nominated by written designation duly acknowledged and filed with the Board of Trustees, if such person or persons are living at the time such payment falls due, otherwise to the retiree's legal representative."

(g)       This section becomes effective July 1, 1993.

 

Requested by: Senators Odom, Daniel, Plyler, Representatives Nesbitt, Diamont, Easterling, Black, McLaughlin

DEATH BENEFIT DATE CHANGE

Sec. 74.2.  (a) Section 12 of Chapter 1108 of the 1987 Session Laws reads as rewritten:

"Sec. 12.  Section 1 of this act is effective upon ratification.  The remainder of this act This act shall become effective August 1, 1988."

(b)       Funds to support any costs incurred as a result of the date change in subsection (a) of this section shall be made available from funds within the Teachers' and State Employees' Death Benefit Plan.

 

PART 15.  COLLEGES AND UNIVERSITIES

 

Requested by:  Senator Ward, Representatives Black, Rogers

UNC ACADEMIC PROVISIONS

Sec. 75.  It is the intent of the General Assembly not to reduce the budgets of The University of North Carolina for the 1993-95 fiscal biennium in response to the thirty percent (30%) of costs of personnel exempt from the State Personnel Act who retired during the 1992-93 fiscal year and were working in the areas of teaching, libraries, and academic leadership.

 

Requested by:  Senator Ward, Representatives Black, Rogers

INVENTORY

Sec. 76.  The Board of Governors of The University of North Carolina shall direct the chancellors and appropriate management staff at the constituent institutions and other affiliated operations to review their management of expendable inventory and to establish the best management practices for inventory control, in keeping with the recommendations of the Government Performance Audit Committee.  To the degree that savings can be achieved from better inventory management, the Board shall report these savings to the Joint Appropriations Committees of the General Assembly by April 15, 1994.

 

Requested by:  Senator Ward, Representatives Black, Rogers

COMPUTER NETWORK MANAGEMENT

Sec. 77.  The Board of Governors of The University of North Carolina shall review its planned improvements in the LINCNET network operated by The University of North Carolina, and, in conjunction with the Office of the State Controller and the Microelectronics Center of North Carolina, determine if the improvements and the ongoing operation of LINCNET can be accomplished more efficiently by combining LINCNET with other networks or by its integration into the proposed statewide broadband network.  The Board shall report its findings to the General Assembly and to the Information Resources Management Commission by May 1, 1994.

 

Requested by:  Senators Ward, Perdue, Representatives Diamont, Black, Rogers, Barnes, Kuczmarski

WAKE FOREST AND DUKE MEDICAL SCHOOL ASSISTANCE/FUNDING FORMULAE

Sec. 78.  (a) Funds appropriated in this act to the Board of Governors of The University of North Carolina for continuation of financial assistance to the medical schools of Duke University and Wake Forest University shall be disbursed on certifications of the respective schools of medicine that show the number of North Carolina residents as first-year, second-year, third-year, and fourth-year students in the medical school as of November 1, 1993, and November 1, 1994.  Disbursement to Wake Forest University shall be made in the amount of eight thousand dollars ($8,000) for each medical student who is a North Carolina resident, one thousand dollars ($1,000) of which shall be placed by the school in a fund to be used to provide financial aid to needy North Carolina students who are enrolled in the medical school.  The maximum aid given to any student from this fund in a given year may not exceed the amount of the difference in tuition and academic fees charged by the school and those charged at the School of Medicine at the University of North Carolina at Chapel Hill.

Disbursement to Duke University shall be made in the amount of five thousand dollars ($5,000) for each medical student who is a North Carolina resident, five hundred dollars ($500.00) of which shall be placed by the school in a fund to be used to provide student financial aid to financially needy North Carolina students who are enrolled in the medical school.  No individual student may be awarded assistance from this fund in excess of two thousand dollars ($2,000) each year.  In addition to this basic disbursement for each year of the biennium, a disbursement of one thousand dollars ($1,000) shall be made for each medical student who is a North Carolina resident in the first-year, second-year, third-year, and fourth-year classes to the extent that enrollment of each of those classes exceeds 30 North Carolina students.

The Board of Governors shall establish the criteria for determining the eligibility for financial aid of needy North Carolina students who are enrolled in the medical schools and shall review the grants or awards to eligible students.  The Board of Governors shall adopt rules for determining which students are residents of North Carolina for the purposes of these programs.  The Board of Governors shall also make any regulations as necessary to ensure that these funds are used directly for instruction in the medical programs of the schools and not for religious or other nonpublic purposes.  In recognition of North Carolina's need for primary care physicians, Bowman Gray School of Medicine and Duke University School of Medicine shall each prepare a plan with the goal of encouraging North Carolina residents to enter the primary care disciplines of general internal medicine, general pediatrics, family medicine, obstetrics/gynecology, and combined medicine/pediatrics and to strive to have at least fifty percent (50%) of North Carolina residents graduating from each school entering these disciplines.  These schools of medicine shall present their plans to the Board of Governors of The University of North Carolina by April 15, 1994.  The Board of Governors shall report to the Joint Legislative Education Oversight Committee by May 15, 1994, on the status of these efforts to strengthen primary health care in North Carolina.

(b)       The Board of Governors of The University of North Carolina shall set goals for the Schools of Medicine at the University of North Carolina at Chapel Hill and the School of Medicine at East Carolina University for increasing the percentage of graduates who enter residencies and careers in primary care.  A minimum goal should be at least fifty percent (50%) of graduates entering primary care disciplines.  Each school shall submit a plan with strategies to reach these goals of increasing the number of graduates entering primary care disciplines to the Board by April 15, 1994.  The Board of Governors shall report to the Joint Legislative Education Oversight Committee by May 15, 1994, on the status of these efforts to strengthen primary health care in North Carolina.

Primary care shall include the disciplines of family, medicine, general pediatric medicine, general internal medicine, internal medicine/pediatrics, and obstetrics/gynecology.

(c)       The Board of Governors of The University of North Carolina shall further initiate whatever changes are necessary on admissions, advising, curriculum, and other policies for State-operated medical schools to ensure that larger proportions of medical students seek residencies in primary care disciplines.  The Board shall work with the Area Health Education Centers and other entities, adopting whatever policies it considers necessary to ensure that residency programs have sufficient medical residency positions for medical school graduates in these primary care specialties.

(d)       The progress of the private and public medical schools towards increasing the number and proportion of graduates entering primary care shall be monitored annually by the Board of Governors of The University of North Carolina.  Monitoring data shall include (i) the entry of State-supported medical graduates into primary care residencies, and (ii) the specialty practices by a physician as of a date five years after graduation.  The Board of Governors shall certify data on graduates, their residencies, and subsequent careers by October 1 of each calendar year, beginning in October of 1995, to the Fiscal Research Division of the Legislative Services Office and to the Joint Legislative Education Oversight Committee.

(e)       The information provided in subsection (d) of this section shall be made available to the Appropriations Committees of the General Assembly for their use in future funding decisions on medical education.

 

Requested by:  Senator Ward, Representatives Black, Rogers

AID TO PRIVATE COLLEGES/LEGISLATIVE TUITION GRANT LIMITATIONS

Sec. 79.  (a) The amount of a tuition grant awarded to a student enrolled in a degree program at a site away from the main campus of the approved private institution, as defined in G.S. 116-22(1), shall be no more than the result of the ratio of the cost per credit hour for off-campus instruction at that site to the cost per credit hour for regular, full-time on-campus instruction, multiplied by the maximum grant award, or the maximum grant award allowable under this act, whichever is less.

(b)       No Legislative Tuition Grant funds shall be expended for a program at an off-campus site of a private institution, as defined in G.S. 116-22(1), established after May 15, 1987, unless (i) the private institution offering the program has previously notified and secured agreement from other private institutions operating degree programs in the county in which the off-campus program is located or operating in the counties adjacent to that county or (ii) the degree program is neither available nor planned in the county with the off-campus site or in the counties adjacent to that county.

An "off-campus program" is any program offered for degree credit away from the institution's main permanent campus.

(c)       Any member of the armed services as defined in G.S. 116-143.3(a), abiding in this State incident to active military duty, who does not qualify as a resident for tuition purposes as defined under G.S. 116-143.1, is eligible for a Legislative Tuition Grant pursuant to this section if the member is enrolled as a full-time student.  The member's Legislative Tuition Grant shall not exceed the cost of tuition less any tuition assistance paid by the member's employer.

 

Requested by:  Representatives Black, Rogers, Barnes, Kuczmarski, Senators Ward, Perdue

AID TO PRIVATE COLLEGES/PROCEDURE

Sec. 80.  (a) Funds appropriated in this act to the Board of Governors of The University of North Carolina for aid to private colleges shall be disbursed in accordance with the provisions of G.S. 116-19, 116-21, and 116-22.  These funds shall provide up to four hundred fifty dollars ($450.00) per full-time equivalent North Carolina undergraduate student enrolled at a private institution as of October 1 of each fiscal year.

These funds shall be placed in a separate, identifiable account in each eligible institution's budget or chart of accounts.  All funds in this account shall be provided as scholarship funds for needy North Carolina students during the fiscal year.  Each student awarded a scholarship from this account shall be notified of the source of the funds and of the amount of the award.  Funds not utilized under G.S. 116-19 shall be made available for the tuition grant program as defined in subsection (b) of this section.

(b)       In addition to any funds appropriated pursuant to G.S. 116-19, and in addition to all other financial assistance made available to private educational institutions located within the State, or to students attending these institutions, there is granted to each full-time North Carolina undergraduate student attending an approved institution as defined in G.S. 116-22, a sum not to exceed one thousand one hundred fifty dollars ($1,150) per academic year, which shall be distributed to the student as hereinafter provided.

The tuition grants provided for in this section shall be administered by the State Education Assistance Authority pursuant to rules adopted by the State Education Assistance Authority not inconsistent with this section.  The State Education Assistance Authority shall not approve any grant until it receives proper certification from an approved institution that the student applying for the grant is an eligible student.  Upon receipt of the certification, the State Education Assistance Authority shall remit, at such times as it shall prescribe, the grant to the approved institution on behalf and to the credit of the student.

In the event a student on whose behalf a grant has been paid is not enrolled and carrying a minimum academic load as of October 1 of the first academic term or on the tenth classroom day following the beginning of the second school term for which the grant was paid, the institution shall refund the full amount of the grant to the State Education Assistance Authority.  Each approved institution shall be subject to examination by the State Auditor for the purpose of determining whether the institution has properly certified eligibility and enrollment of students and credited grants paid on the behalf of the students.

In the event there are not sufficient funds to provide each eligible student with a full grant:

(1)       The Board of Governors of The University of North Carolina, with the approval of the Office of State Budget and Management, may transfer available funds to meet the needs of the programs provided by subsections (a) and (b) of this section; and

(2)       Each eligible student shall receive a pro rata share of funds then available for the remainder of the academic year within the fiscal period covered by the current appropriation.

Any remaining funds shall revert to the General Fund.

(c)       Expenditures made pursuant to this section shall be used only for secular educational purposes at nonprofit institutions of higher learning.

(d)       G.S. 116-19 reads as rewritten:

" 116-19.  Contracts with private institutions to aid North Carolina students.

In order to encourage and assist private institutions to continue to educate North Carolina students, the Board of Governors of The University of North Carolina is hereby authorized to the State Education Assistance Authority may enter into contracts with the institutions under the terms of which an institution receiving any funds that may be appropriated pursuant to this section would agree that, during any fiscal year in which such funds were received, the institution would provide and administer scholarship funds for needy North Carolina students in an amount at least equal to the amount paid to the institution, pursuant to this section, during the fiscal year.  Under the terms of the contracts the Board of Governors ot The University of North Carolina the State Education Assistance Authority would agree to pay to the institutions, subject to the availability of funds, a fixed sum of money for each North Carolina student enrolled at the institutions for the regular academic year, said sum to be determined by appropriations that might be made from time to time by the General  Assembly pursuant to this section.  Funds appropriated pursuant to this section shall be paid by the Department of Administration State Education Assistance Authority to an institution upon recommendation of the Board of Governors of the University of North Carolina and on certification of the institution showing the number of North Carolina students enrolled at the institution as of October 1 of any year for which funds may be appropriated."

(e)       G.S. 116-21 reads as rewritten:

" 116-21.  Contract forms; reports; audits; regulations.

The Board of Governors of the University of North Carolina is authorized to The State Education Assistance Authority may prescribe the form of the contracts to be executed under G.S. 116-19 and 116-20, to require of the institutions such reports, statements and audits as the Board Authority may deem necessary or desirable in carrying out the purposes of G.S. 116-19 through 116-22 and to make any rules or regulations adopt rules that will, in the opinion of the  Board, Authority, help to achieve the purposes of G.S. 116-19 through 116-22."

 

Requested by:  Representatives Black, Rogers, Barnes, Kuczmarski, Senators Ward, Perdue

NORTH CAROLINA STATE UNIVERSITY/COMPETITIVE INDUSTRY

Sec. 81.  There is appropriated from overhead receipts at North Carolina State University to the Board of Governors of The University of North Carolina for the 1993-94 fiscal year and for the 1994-95 fiscal year the sums of five hundred thousand dollars ($500,000) for the Furniture Manufacturing and Management Center and three hundred thousand dollars ($300,000) for technology enhancement in the pulp and paper manufacturing programs.

 

Requested by:  Representatives Black, Rogers, Barnes, Kuczmarski, Senators Ward, Perdue, Winner of Mecklenburg

NEW DEGREE PROGRAMS

Sec. 82.  The Board of Governors of The University of North Carolina shall allocate at least one million four hundred thousand dollars ($1,400,000) for the 1993-94 fiscal year of its lump sum appropriations in this act to supplement funds available to the constituent institutions to implement the new degree programs proposed in the long-range plan that have received the Board's approval for implementation.

 

Requested by:  Representatives Black, Rogers, Barnes, Kuczmarski, Senators Ward, Perdue

EAST CAROLINA UNIVERSITY MEDICAL SCHOOL/HOSPITAL TEACHING

COSTS

Sec. 83.  (a) In the event that the State Medicaid Plan amendment affecting Pitt County Memorial Hospital reimbursement at full cost due to its status as a primary affiliated teaching hospital of a State-operated medical school is not approved by the Health Care Financing Agency, funds in the amount of five million four hundred twenty thousand nine hundred ninety-four dollars ($5,420,994) for the 1993-94 fiscal year and five million eight hundred sixty-five thousand seven hundred thirteen dollars ($5,865,713) for the 1994-95 fiscal year, shall be transferred from the Division of Medical Assistance, Department of Human Resources, to the East Carolina University School of Medicine for hospital teaching costs.  In addition, if the amendment is not approved, for the 1993-94 fiscal year, the amount of ten million six hundred two thousand six hundred ninety-seven dollars ($10,602,697) shall be appropriated from the Savings Reserve Fund to the East Carolina University School of Medicine for hospital teaching costs.  If the amendment is not approved, the Governor shall notify the General Assembly of the amendment's failure and of the effecting of this section's appropriations, and the General Assembly shall address the need for additional funding for the East Carolina University School of Medicine Hospital Teaching Costs for the 1994-95 fiscal year in the 1993 General Assembly, Regular Session 1994.

(b)       Should the State Medicaid Plan be changed in the future to alter the proposed amendment, it is the intent of the General Assembly to fund that portion of Pitt County Memorial Hospital residents' costs that are not related to the direct care of patients or not reimbursable from some other source.

 

Requested by:  Senator Ward, Representatives Black, Rogers

ALLIED HEALTH PERSONNEL STUDY/AHEC

Sec. 84.  The Director of the North Carolina Area Health Education Centers program, in conjunction with staff of General Administration of The University of North Carolina and the North Carolina Department of Community Colleges, shall make recommendations to the General Assembly, utilizing data that is currently available, on methods to increase the number of physical therapists, occupational therapists, speech and language pathologists, and other related allied health paraprofessional personnel graduating from the university and community college systems.

A report on these recommendations shall be presented to the Joint Legislative Education Oversight Committee by May 1, 1994.

 

Requested by:  Representatives Barnes, Black, Rogers, Diamont, Senators Warren, Ward, Perdue

PRINCIPAL FELLOWS PROGRAM

Sec. 85.  (a) Chapter 116 of the General Statutes is amended by adding a new Article to read:

"ARTICLE 5C.

"North Carolina Principal Fellows Program.

" 116-74.41.  North Carolina Principal Fellows Commission established; membership.

(a)       There is established the North Carolina Principal Fellows Commission.  The Commission shall exercise its powers and duties independently of the Board of Governors of The University of North Carolina.  The Director of the Principal Fellows Program shall staff the Commission.  The State Education Assistance Authority (SEAA) as created in G.S. 116-203 shall be responsible for implementing scholarship loan agreements, monitoring, cancelling through service, collecting and otherwise enforcing the agreements for the Principal Fellows Program scholarship loans established in accordance with G.S. 116-74.42.

(b)       The Commission shall consist of 12 members appointed as follows:

(1)       One member of the Board of Governors of The University of North Carolina appointed by the chair of that board, notwithstanding G.S. 116-7(b).

(2)       One member of the State Board of Education appointed by the State Board chair.

(3)       Two deans of schools of education appointed by the President of The University of North Carolina.

(4)       One public school teacher appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate.

(5)       One public school principal appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives.

(6)       A local superintendent chosen by the State Superintendent of Public Instruction.

(7)       One member to represent business and industry appointed by the Governor.

(8)       One local school board member appointed by the chair of the State Board of Education.

(9)       One parent of a public school child appointed by the State Superintendent of Public Instruction.

(10)     The chairperson of the Board of the State Education Assistance Authority.

(11)     The director of the Principal Fellows Program.  The director shall chair the Commission.

(c)       Initial appointments shall be made no later than September 15, 1993.  Initial terms of those members appointed to fill the teacher, principal, parent, superintendent, and the local school board member seats shall expire July 1, 1995.  Initial terms of those members appointed to fill the Board of Governors of The University of North Carolina, State Board of Education, deans of schools of education, and the member of business and industry seats shall expire July 1, 1997.  Thereafter, all appointments for these seats shall be for four-year terms.

(d)       Except as otherwise provided, if a vacancy occurs in the membership, the appointing authority shall appoint another person to serve for the balance of the unexpired term.  In the discretion of the appointing authority, a State Board of Education member or a member of the Board of Governors of The University of North Carolina may complete a term on the Commission after the member's appointment from the appointing board has expired.

(e)       Commission members shall receive per diem, subsistence, and travel allowances in accordance with G.S. 138-5 or G.S. 138-6, as appropriate.

(f)        The Commission shall meet regularly, at times and places deemed necessary by the chair.

" 116-74.42.  Principal Fellows Program established; administration.

(a)       A Principal Fellows Program shall be administered by the North Carolina Principal Fellows Commission in collaboration with the State Education Assistance Authority.  The Principal Fellows Program shall provide up to a two-year scholarship loan to selected recipients and shall provide extracurricular enhancement activities for recipients.  The North Carolina Principal Fellows Commission shall determine selection criteria, methods of selection, and shall select recipients to receive scholarship loans made under the Principal Fellows Program.

(b)       The Board of Governors of The University of North Carolina shall appoint a director of the Principal Fellows Program.  The director shall chair and staff the Principal Fellows Commission, and shall administer the extracurricular enhancement activities of the program.  The Board of Governors shall provide office space and clerical support staff for the program.

(c)       The Principal Fellows Program shall provide a two-year scholarship loan in the amount of twenty thousand dollars ($20,000) per year, per recipient, to persons who may be eligible to be selected as school administrators in the public schools of the State by completing a full-time program in school administration in an approved program.  Approved programs are those chosen by the Commission from among school administrator programs within the State.  No more than 200 principal fellow scholarship loan awards shall be made in each year.  The final number of scholarship loan awards per year shall be made in accordance with the Board of Governors' findings concerning the supply and demand of administrators, the State's need for school administrator candidates and within funds appropriated for the scholarship loans.  Effective September 1, 1995, and in accordance with school administrator training programs established by the Board of Governors of The University of North Carolina, recipients shall be required to complete an approved full-time academic program during the first year of the scholarship loan program and a full-time internship during the second year of the program.  In order to attract fellows as interns, local school administrative units may use all or part of the funds allotted for an assistant principal salary for each intern accepted by the local school administrative unit; however, interns shall not serve as assistant principals.

(d)       The Commission shall adopt stringent standards, which may include standardized test scores, undergraduate performance, job experience and performance, leadership and management abilities, and other standards deemed appropriate by the Commission, to ensure that only the best potential students receive scholarship loans under the Principal Fellows Program.  The Commission shall consider the qualifications of all applicants fairly, regardless of gender or race, and shall consider the geographic diversity of the State.  Scholarship loans under the Principal Fellows Program shall be awarded only to applicants who meet the standards set by the Commission, are domiciled in North Carolina, and who agree to work as school administrators in a North Carolina public school or at a school operated by the United States government in North Carolina upon completion of the two-year school administrator program supported by the loan.

(e)       The Commission shall develop and administer the Principal Fellows Program in cooperation with school administrator programs at institutions approved by the Commission.  The Commission shall develop criteria and a process for the approval of campus program sites.  Extracurricular enhancement activities shall be coordinated with each fellow's campus program and shall focus on the leadership development of program fellows.

(f)        The Commission may form regional review committees to assist it in identifying the best applicants for the program.  The Commission and the review committees shall make an effort to identify and encourage women and minorities and others who may not otherwise consider a career in school administration to apply for the Principal Fellows Program.

(g)       Upon the naming of recipients of the scholarship loans by the Principal Fellows Commission, the Commission shall transfer to the State Education Assistance Authority (SEAA) its decisions.  The SEAA shall perform all of the administrative functions necessary to implement this Article, which functions shall include:  rule making, dissemination of information, disbursement, receipt, liaison with participating educational institutions, determination of the acceptability of service repayment agreements, and all other functions necessary for the execution, payment, and enforcement of promissory notes required under this Article.

" 116-74.43.  Terms of loans; receipt and disbursement of funds.

(a)       All scholarship loans shall be evidenced by notes made payable to the State Education Assistance Authority that bear interest at the rate of ten percent (10%) per year beginning 90 days after completion of the school administrator program, or 90 days after termination of the scholarship loan, whichever is earlier.  The scholarship loan may be terminated upon the recipient's withdrawal from school or by the recipient's failure to meet the standards set by the Commission.

(b)       The State Education Assistance Authority shall forgive the loan if, within six years after graduation from a school administrator program, the recipient serves for four years as a school administrator at a North Carolina public school or at a school operated by the United States government in North Carolina.  The SEAA shall also forgive the loan if it finds that it is impossible for the recipient to work for four years, within 10 years after completion of the two-year school administrator program supported by the scholarship loan at a North Carolina public school, or at a school operated by the United States government in North Carolina, because of the death or permanent disability of the recipient.  If the recipient repays the scholarship loan by cash payments, all indebtedness shall be repaid within 10 years after completion of the two-year school administrator program supported by the scholarship loan.

(c)       All funds appropriated to, or otherwise received by, the Principal Fellows Program for scholarships, all funds received as repayment of scholarship loans, and all interest earned on these funds, shall be placed in a university trust fund.  This university trust fund may be used only for scholarship loans granted under the Principal Fellows Program and administrative costs associated with the recovery of funds advanced under the program."

(b)       G.S. 135-40.2(a) reads as rewritten:

"(a)      The following persons are eligible for coverage under the Plan, on a noncontributory basis, subject to the provisions of G.S. 135-40.3:

(1)       All permanent full-time employees of an employing unit who meet the following conditions:

a.         Paid from general or special State funds, or

b.         Paid from non-State funds and in a group for which his or her employing unit has agreed to provide coverage.

Employees of State agencies, departments, institutions, boards, and commissions not otherwise covered by the Plan who are employed in permanent job positions on a recurring basis and who work 30 or more hours per week for nine or more months per calendar year are covered by the provisions of this subdivision.

(1a)     Permanent hourly employees as defined in G.S. 126-5(c4) who work at least one-half of the workdays of each pay period.

(2)       Retired teachers, State employees, members of the General Assembly, and retired State law enforcement officers who retired under the Law Enforcement Officers' Retirement System prior to January 1, 1985.

(2a)     Surviving spouses of:

a.         Deceased retired employees, provided the death of the former plan member occurred prior to October 1, 1986; and

b.         Deceased teachers, State employees, and members of the General Assembly who are receiving a survivor's alternate benefit under any of the State-supported retirement programs, provided the death of the former plan member occurred prior to October 1, 1986.

(3)       Repealed by Session Laws 1985 (Reg. Sess., 1986), c.  1020, s.  29(b), effective January 1, 1988.

(3a)     Employees of the General Assembly, not otherwise covered by this section, as determined by the Legislative Services Commission, except for legislative interns and pages.

(4)       Members of the General Assembly.

(5)       Notwithstanding the provisions of subsection (e) of this section, employees on official leave of absence while completing a full-time program in school administration in an approved program as a Principal Fellow in accordance with Article 5C of Chapter 116 of the General Statutes."

(c)       The Commission may grant up to 50 scholarship loans during the 1994-95 fiscal year to recipients enrolled in school administrator programs approved by the Commission.

(d)       G.S. 120-123 is amended by adding a new subdivision to read:

"(59a)  The North Carolina Principal Fellows Commission established by G.S. 116-74.41."

 

Requested by:  Senator Perdue, Representatives Barnes, Diamont, Black, Rogers

SCHOOL LEADERSHIP ACADEMY

Sec. 86.  (a) The Board of Governors of The University of North Carolina and the State Board of Education shall convene a Joint Committee to study how to establish a School Leadership Academy to serve the needs of all school administrators throughout the State.  There shall be nine members of the Joint Committee.  Members shall receive per diem, subsistence, and travel allowances in accordance with G.S. 138-5, or G.S. 138-6, as appropriate.  Appointments to the committee shall be made within 30 days of ratification of this act.  Except as otherwise provided, if a vacancy occurs in the membership, the appointing authority shall appoint another person to serve for the balance of the unexpired term.  At the discretion of the appointing authority, Joint Committee members may continue to serve on the Joint Committee after their appointment to the Board of Governors or the State Board of Education has expired.  Appointments shall be made as follows:

(1)       Three members of the Board of Governors appointed by the Chair of the Board of Governors; one of the three shall be designated cochair of the Joint Committee.

(2)       Three members of the State Board of Education appointed by the Chair of the State Board of Education; one of the three shall be designated cochair of the Joint Committee.

(3)       The Superintendent of Public Instruction, or a designee.

(4)       One dean of a school of education appointed by the President of The University of North Carolina.

(5)       The President of the North Carolina Association of Independent Colleges and Universities, or a designee.

(b)       In its planning the Joint Committee shall consider:

(1)       The recommendations of the report submitted to the 1993 General Assembly by the Educational Leadership Task Force.

(2)       How to incorporate all or part of the Principal's Executive Program into the Educational Leadership Academy.

(3)       A design for a governing board for the Educational Leadership Academy composed of persons who have demonstrated a commitment to improving educational leadership in the State including practicing school administrators and professors of schools of education.

(4)       A charge to the governing board that ensures coordination between the Educational Leadership Academy and the initial preparation programs.

(5)       How the State Board of Education shall ensure that all school administrators be required to complete at least five of their 15 continuing education units for continued practice in the profession in Educational Leadership Academy programs or in programs endorsed by the Educational Leadership Academy's governing board.

(6)       How to ensure that coordinated and geographically dispersed professional development opportunities exist for school administrators.

(7)       What facilities and staff are needed for the Academy; the Joint Committee shall recommend whether a building is needed, and, if so, whether there is an existing building that can be used to meet the needs of the Academy, or if a new building is needed.

(8)       The cost of its recommendations which shall be included in its report to the Joint Legislative Education Oversight Committee.

(c)       The General Administration of The University of North Carolina shall provide meeting rooms, telephone, office space, equipment, and supplies to the Joint Committee without charge.

(d)       The General Administration of The University of North Carolina and the Department of Public Instruction shall provide staff to the Joint Committee.

(e)       Upon the request of the cochairs of the Joint Committee, all State departments and agencies, all local governments and their subdivisions, and all institutions approved to train public school administrators shall furnish the Committee with any nonconfidential information in their possession or available to them.

(f)        The Joint Committee shall report on its findings and the recommendations concerning the establishment of the School Leadership Academy to the Joint Legislative Education Oversight Committee no later than March 1, 1994.  The Joint Committee shall terminate on that date.

(g)       Of the funds appropriated to the Board of Governors for the 1993-94 fiscal year, up to the sum of fifteen thousand dollars ($15,000) shall be used to conduct the work of the Joint Committee.  Of the funds appropriated to the Department of Public Education for aid to local school administrative units for the 1993-94 fiscal year, up to the sum of fifteen thousand dollars ($15,000) shall be used to conduct the work of the Joint Committee.

 

Requested by:  Representative Nesbitt, Senator Daniel

ECU MEDICAL SCHOOL RECEIPTS

Sec. 87.  (a) The East Carolina University School of Medicine shall request, on a regular basis consistent with the State's cash management plan, funds earned by the School from Medicare reimbursements for education costs.  Upon receipt, these funds shall be allocated as follows:

(1)       The portion of the Medicare reimbursement generated through the effort and expense of the School of Medicine's Medical Faculty Practice Plan shall be transferred to the appropriate Medical Faculty Practice Plan account within the School of Medicine.  The Medical Faculty Practice Plan shall assume responsibility for any of these funds that subsequently must be refunded due to final audit settlements.

(2)       The funds from this source budgeted by the General Assembly as part of the School of Medicine's General Fund budget code shall be credited to that code as a receipt.

(3)       The remainder of the funds shall be transferred to a special fund account on deposit with the State Treasurer.  This special fund account shall be used for any necessary repayment of Medicare funds due to final audit settlements for funds allocated under subdivision (2) of this subsection.  When the amount of these reimbursement funds has been finalized by audit for each year, those funds remaining in the special fund shall be available for appropriation by the General Assembly.  The General Assembly shall consider the capital improvement needs of the East Carolina University School of Medicine before appropriating money from this fund.

Funds in this special fund account as of July 1, 1993, shall be subject to this subsection.

(b)       Receipts from the lease of the Magnetic Resonance Imaging building and equipment may be retained by the East Carolina School of Medicine in an institutional trust fund account for maintenance of the facility and for improvements in the facility.  The receipts, fund balances, and allocations shall be indicated annually on reports to the Office of State Budget and Management, UNC General Administration, and the Fiscal Research Division of the General Assembly.

(c)       All revenue for the treatment of patients in the Radiation Therapy Facility shall accrue to the East Carolina University School of Medicine Medical Faculty Practice Plan accounts.  The Medical Faculty Practice Plan shall reimburse the General Fund budget code quarterly for operating costs of the facility paid by the General Fund.  The reimbursement amount shall be limited to that portion of receipts actually collected for the facility charges portion of billings.

(d)       This section shall remain in effect until changed or repealed by the General Assembly.

 

Requested by:  Representatives Black, Rogers, Barnes, Kuczmarski, Senators Ward, Perdue

UNC GRADUATION RATES/UNDERGRADUATE EDUCATION

Sec. 89.  (a) In order to monitor institutional progress in meeting the expectation of Item 1 of the "Plan to Improve Graduation Rates in The University of North Carolina" that full-time undergraduates will take an average of 15 semester hours per term, the Board of Governors shall require constituent institutions to set a goal of increasing to 15 the average number of credit hours per term taken by full-time undergraduates.  This goal shall be met systemwide and by each constituent institution no later than December of 1997.  The Board shall instruct all institutions to report on their progress in meeting their goals in their annual assessment reports.  The Board shall require those institutions failing to make timely progress to submit special reports identifying additional steps to be taken.  The Board shall report annually by April 1 to the Joint Legislative Education Oversight Committee on the progress of each constituent institution in meeting these goals.

(b)       The Board of Governors of The University of North Carolina shall ensure that procedures are established that are necessary to impose a twenty-five percent (25%) tuition surcharge on students who take more than 140 degree credit hours to complete a baccalaureate degree in a four-year program or more than one hundred ten percent (110%) of the credit hours necessary to complete a baccalaureate degree in any program officially designated by the Board of Governors as a five-year program.  The calculation of these credit hours taken at a constituent institution or accepted for transfer shall exclude hours earned through the College Board's Advanced Placement or CLEP examinations, through institutional advanced placement or course validation, or through summer term or extension programs.  The Board shall report to the Joint Legislative Education Oversight Committee by April 1, 1994, on its recommendations for implementing this surcharge.

(c)       The Board of Governors of The University of North Carolina shall allocate two hundred fifty thousand dollars ($250,000) from overhead receipts each year of the biennium for establishing faculty awards for excellent teaching, with special emphasis on those campuses that do not currently have such a recognition system.

(d)       Any funds allocated by the Board of Governors from the Reserve for University Operations in this act to the Distinguished Professors Endowment Trust Fund shall be used only for the establishment of endowed chairs that recognize excellence in undergraduate teaching as the primary criterion for selection.

(e)       None of the funds appropriated for increases in enrollment at the constituent institutions of The University of North Carolina shall be used to increase the overall time available for teaching faculty to perform research or service activities.  The Board of Governors shall prepare a report for the Joint Legislative Education Oversight Committee on the impact of these enrollment increase funds on faculty teaching workloads at each institution.  This report shall be presented to the Joint Legislative Education Oversight Committee by May 1, 1994.

(f)        The State Education Assistance Authority shall gather sufficient data from the private institutions of higher education whose students receive Legislative Tuition Grants to determine the number of cumulative academic terms for which students receive the Legislative Tuition Grants and to determine each private institution's requirements for satisfactory academic progress towards a degree.

 

Requested by:  Representatives James, Black, Rogers, Barnes, Kuczmarski, Senators Ward, Perdue

UNC AGRICULTURAL PROGRAMS

Sec. 90.  Of the funds appropriated to the Board of Governors of The University of North Carolina in this act for Agricultural Programs at North Carolina State University, the Board of Governors shall use at least five hundred thousand dollars ($500,000) for the 1993-94 fiscal year and the sum of five hundred thousand dollars ($500,000) for the 1994-95 fiscal year to fund additional staff and operating costs at the Tidewater Research Station, and these funds shall not be expended at any other location.

 

Requested by:  Representatives Black, Rogers, Barnes, Kuczmarski, Senators Ward, Perdue

UNC LIBRARIES FUNDING

Sec. 91.  Of the funds appropriated in this act to the Board of Governors of The University of North Carolina for Institutional Programs, the Board of Governors shall allocate at least eleven million eighty-four thousand dollars ($11,084,000) for the 1993-94 fiscal year and at least two million six hundred five thousand six hundred seventy-seven dollars ($2,605,677) for Lines 2 and 4 of the Schedule of Priorities, to enhance library networks and library operations.

 

Requested by:  Representatives Black, Rogers, Barnes, Kuczmarski, Senators Ward, Perdue

UNC PUBLIC TELEVISION

Sec. 92.  Of the funds appropriated in this act to the Board of Governors of The University of North Carolina for institutional programs, the Board of Governors shall allocate forty-three thousand four hundred seventy-two dollars ($43,472) for the 1993-94 fiscal year and the sum of forty-three thousand four hundred seventy-two dollars ($43,472) for the 1994-95 fiscal year, for the University of North Carolina Center for Public Television for the Sesame Street Pre-Educational Program.

 

Requested by:  Representatives Black, Rogers, Barnes, Kuczmarski, Senators Ward, Perdue

UNC FUNDING LEVELS

Sec. 93.  Of the funds appropriated in this act to the Board of Governors of The University of North Carolina for institutional programs, the Board of Governors shall allocate at least one million dollars ($1,000,000) for the 1993-94 fiscal year and at least one million dollars ($1,000,000) for the 1994-95 fiscal year to Line 11 of the Schedule of Priorities, to address the funding levels of various institutions.

 

Requested by:  Representatives Cummings, Black, Rogers, Barnes, Kuczmarski, Senators Ward, Perdue

UNC HUNGER STUDY

Sec. 94.  There is appropriated from overhead receipts of the University of North Carolina at Chapel Hill for the University of North Carolina at Chapel Hill, School of Public Health, the sum of fifty thousand dollars ($50,000) for the 1993-94 fiscal year to conduct a study of childhood hunger in North Carolina.  The study shall:

(1)       Examine the extent of hunger among children in the State and its counties;

(2)       Examine the availability and use of publicly funded feeding programs; and

(3)       Examine the association between hunger and child health.

The School of Public Health shall report its findings to the General Assembly on or before March 1, 1994.

 

Requested by:  Representatives DeVane, Black, Rogers, Barnes, Kuczmarski, Senators Ward, Perdue

CHRISTMAS TREE PRODUCTION

Sec. 95.  North Carolina State University, through the Cooperative Extension Service, shall provide from funds appropriated to North Carolina State University for the Cooperative Extension Service in this act for the 1993-95 fiscal biennium a full-time extension forestry specialist and related support services to assist growers with problems related to the culturing and production of Christmas trees.  The position and support services provided by this section shall provide a level of assistance to growers at least comparable to the assistance available at the beginning of the 1992-93 fiscal year.

 

Requested by:  Representatives Jenkins, Beall, Ramsey, Nesbitt, Black, Rogers, Barnes, Kuczmarski, Senators Ward, Perdue

AQUACULTURE FUNDS

Sec. 96.  (a) Of the funds appropriated to the Board of Governors of The University of North Carolina in the Reserve for University Operations, the sum of one hundred thirty-six thousand dollars ($136,000) shall be allocated for the 1993-94 fiscal year and the sum of one hundred thirty-six thousand dollars ($136,000) shall be allocated for the 1994-95 fiscal year to support the Mountain Aquaculture Research Center at Western Carolina University.

(b)       Of the funds appropriated to the Board of Governors of The University of North Carolina for the Cooperative Extension Service, the sum of sixty-four thousand dollars ($64,000) for each year of the 1993-95 fiscal biennium shall be used to support research and extension programs to benefit the cold-water aquaculture industry of the State by establishing a program to coordinate the production of trout with the timing, processing capacities, and flesh quality characteristics needed by trout processors in North Carolina, and to assist growers in obtaining commitments from processors for the purchase of the fish.

(c)       The focus of the coordination efforts shall begin on trout farms in Graham County and surrounding areas.  With assistance from the North Carolina Cooperative Extension Service, the project will survey trout producers to establish a current inventory of trout on the farms and to determine the production capacity of the farms.  Based upon the ability of the processors to market the fish, the project will establish production schedules for trout producers which coincide with the scheduled purchases by processors.

(d)       The North Carolina Cooperative Extension Service will establish demonstration projects at three facilities in Graham County for the purpose of demonstrating appropriate waste management and methods of reducing the costs of trout production.  With trout producers' cooperation, these projects will focus upon production of additional plant and animal crops using waste materials from trout production and techniques for improving feed conversion efficiency, production forecasting, and farm record keeping.

(e)       The North Carolina Cooperative Extension Service shall cooperate with the Mountain Area Aquaculture Research Center and Western Carolina University in carrying out this section.

 

Requested by:  Representatives Baddour, Black, Rogers, Barnes, Kuczmarski, Senators Ward, Perdue

DIABETES PROGRAM FUNDS

Sec. 97.  Of the funds appropriated to the Board of Governors of The University of North Carolina in the Reserve for University Institutional Programs in this act, the sum of two hundred twenty-five thousand dollars ($225,000) for the 1993-94 fiscal year and the sum of two hundred twenty-five thousand dollars ($225,000) for the 1994-95 fiscal year shall be used to establish and operate an interdisciplinary diabetes program at the School of Medicine at the University of North Carolina at Chapel Hill.

 

Requested by:  Representatives Fussell, Black, Rogers, Barnes, Kuczmarski, Senators Ward, Perdue

NURSE ANESTHETIST TRAINING FUNDS

Sec. 98.  Of the funds appropriated to the Board of Governors of The University of North Carolina in this act, the sum of fifty thousand dollars ($50,000) for the 1993-94 fiscal year and the sum of fifty thousand dollars ($50,000) for the 1994-95 fiscal year shall be used for the Area Health Education Center program to contract for training of certified, registered nurse anesthetists.

 

Requested by:  Representatives Smith, Black, Rogers, Barnes, Kuczmarski, Senators Ward, Perdue

SEAFOOD LABORATORY FUNDS

Sec. 99.  Of the funds appropriated to the Board of Governors of The University of North Carolina in this act for Agricultural Programs, the sum of one hundred twenty-five thousand dollars ($125,000) for the 1993-94 fiscal year and the sum of one hundred twenty-five thousand dollars ($125,000) for the 1994-95 fiscal year shall be allocated to North Carolina State University, College of Agriculture and Life Science, for the Seafood Laboratory Program located in Morehead City, to provide extension education and an applied research program for the North Carolina seafood industry.

 

Requested by:  Representatives Alphin, Black, Rogers, Barnes, Kuczmarski, Senators Ward, Perdue

LEARNING LINK

Sec. 100.  Of the funds appropriated to the Board of Governors of The University of North Carolina for University Operations, the sum of one hundred thousand dollars ($100,000) for the 1993-94 fiscal year and the sum of one hundred thousand dollars ($100,000) for the 1994-95 fiscal year shall be allocated to the University of North Carolina Center for Public Television to provide public schools in the State access to LEARNING LINK, a computer-based interactive communications system.

 

Requested by:  Representatives Black, Rogers, Barnes, Kuczmarski, Senators Ward, Perdue

NORTH CAROLINA CENTRAL UNIVERSITY SCHOOL OF LAW

Sec. 101.  In its allocations from the Reserve for University Operations for its Schedule of Priorities, the Board of Governors of The University of North Carolina shall allocate at least eight hundred thousand dollars ($800,000) for the 1993-94 fiscal year and at least eight hundred thousand dollars ($800,000) for the 1994-95 fiscal year for enhancement of the School of Law at North Carolina Central University, to address the accreditation concerns of the American Bar Association, as addressed by the budget requests of the campus.  The total allocations shall include at least three hundred thousand dollars ($300,000) each fiscal year for operating enhancement of the School of Law library and sufficient funds to link North Carolina Central University fully with the Triangle Research Libraries Network and the statewide network.

 

Requested by:  Senators Ward, Perdue, Daniel, Plyler, Representatives Black, Rogers, Barnes, Kuczmarski, Nesbitt, Diamont

UNC FACULTY SALARIES

Sec. 101.1.  Of the funds appropriated to the Board of Governors of The University of North Carolina for University Institutional Programs, the sum of seven million one hundred thousand dollars ($7,100,000) for the 1993-94 fiscal year and the sum of seven million one hundred thousand dollars ($7,100,000) for the 1994-95 fiscal year shall be allocated by the Board of Governors for the enhancement of teaching faculty salaries as the Board of Governors considers appropriate.

 

Requested by:  Senators Daniel, Plyler, Ward, Perdue, Representatives Black, Rogers, Barnes, Kuczmarski

UNC EDUCATIONAL CONSORTIA

Sec. 101.2.  Of the funds appropriated to the Board of Governors of The University of North Carolina in this act, the sum of six hundred thousand dollars ($600,000) in each year of the 1993-95 fiscal biennium shall be allocated by the Board to establish four new cooperative educational consortia at Appalachian State University, East Carolina University, North Carolina Central University, and the University of North Carolina at Charlotte.

These consortia shall link elementary and secondary education, higher education, and leadership in the business sector to:

(1)       Improve education practices and enhance economic development;

(2)       Focus research capabilities on educational issues and economic problems;

(3)       Provide momentum for restructuring of public education to meet the requirements of the modern era;

(4)       Seek grants and other funds for model projects on promising educational practices;

(5)       Provide training, educational, and leadership development opportunities; and

(6)       Provide other initiatives leading to improvements in education and economic development.

 

Requested by:  Senators Ward, Perdue, Daniel, Plyler,  Representatives Black, Rogers, Barnes, Kuczmarski, Nesbitt, Diamont

RURAL/PRIMARY CARE INITIATIVES

Sec. 101.3.  Of the funds appropriated to the Board of Governors of The University of North Carolina, the sum of two million one hundred thousand dollars ($2,100,000) for the 1993-94 fiscal year and the sum of two million one hundred thousand dollars ($2,100,000) for the 1994-95 fiscal year shall be used, according to Area Health Education Center Program plans, to expand programs for training primary care medical students, residents, and other health professionals in community settings.  These settings include private practices, health departments, and community health services.  These funds may be used to develop new programs and to expand existing programs to assure well-supervised outreach training sites.

 

Requested by:  Senators Ward, Perdue, Plexico, Plyler, Daniel, Representatives Black, Rogers, Barnes, Kuczmarski

CYTOTECHNOLOGY SCHOLARSHIPS

Sec. 101.4.  Students in programs leading to employment in the field of cytotechnology are eligible to apply for scholarship loans under the Health, Science, and Mathematics Student Loan Program administered by the State Education Assistance Authority.

 

Requested by: Senators Hoyle, Perdue, Ward, Representatives Black, Rogers, Barnes, Kuczmarski

UNIVERSITY OF NORTH CAROLINA EDUCATION STUDY/FUNDS

Sec. 101.5.  (a) There is established the Legislative Study Commission on the Status of Education at The University of North Carolina.  The Commission shall be composed of 12 members, six Senators appointed by the President Pro Tempore of the Senate, and six Representatives appointed by the Speaker of the House of Representatives.  All members shall be appointed within 30 days following adjournment of the 1993 Regular Session of the 1993 General Assembly.

(b)       The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each designate one appointee as cochair.  These cochairs shall jointly call the first meeting and shall preside at alternate meetings.

(c)       The Commission shall study the following areas:

(1)       Undergraduate education at The University of North Carolina, including:

a.         Rewards and incentives for quality undergraduate teaching;

b.         Assessment and evaluation of faculty teaching, and the role of this assessment in the rewards system, including salary increases and the granting of tenure;

c.         Academic support systems for undergraduates, including underprepared students;

d.         The consistent establishment of minimum standards for college-level coursework and the success rates of students in remedial or developmental programs;

e.         Accessibility of higher education to qualified residents of the State; and

f.          Student contact with tenured faculty and the use of teaching assistants;

(2)       University funding issues, including:

a.         Equity of funding among the constituent institutions, considering the differences in institutional missions and academic programs;

b.         The effect of budget flexibility on the ability of each campus to carry out its mission in an effective manner;

c.         The impact of allowing campuses to retain a greater proportion of indirect costs reimbursement from research grants (overhead receipts);

d.         Total funding sources available for each constituent institution and each affiliated entity, including institutional trust funds, research grants, gifts, grants, and donations, expenditures for the benefit of the campus by private groups or foundations, and other sources of revenue;

e.         The projected impact of changing the State funding for a full-time equivalent student from 12 semester hours to 15 semester hours for undergraduate students;

f.          Changes in faculty teaching loads and student course loads over the past 10 years; and

g.         Affordability of higher education, including existing financial aid programs, alternative methods of providing student financial aid, and various plans for saving for college education; and

(3)       University education quality issues, including:

a.         The impact and effect of research on the teaching mission of The University of North Carolina;

b.         Quality and current levels of services of all the libraries in The University of North Carolina;

c.         Faculty salaries and other compensation relative to similar and peer public institutions in other states; and

d.         The relative quality of all 16 campuses compared to peer institutions and to changes in quality of each of the 16 campuses over time.

(d)       Members of the Commission shall receive subsistence and travel expenses at the rates set forth in G.S. 120-3.1.

(e)       The Commission cochairs may contract for professional, clerical, or consultant services as provided by G.S. 120-32.02, may purchase or contract for the materials and services it needs, and may contract with an individual who has an excellent national reputation in the area of evaluating the quality of public higher education to facilitate its work.

The Legislative Services Commission, through the Legislative Administrative Officer, shall assign professional staff to assist in the work of the Commission.  The Supervisors of Clerks of the House of Representatives and of the Senate, upon the direction of the Legislative Services Commission, shall assign clerical staff to the Commission.  The expenses related to the clerical employees shall be borne by the Commission.

(f)        The Commission, with the approval of the Legislative Services Commission, may meet in the Legislative Building or the Legislative Office Building.

(g)       The Commission shall make an interim report to the Joint Legislative Education Oversight Committee no later than April 15, 1994, and shall make a final report to the Joint Legislative Education Oversight Committee no later than February 15, 1995, at which time the Commission shall terminate.

(h)       Upon the request of the Commission, all State departments and agencies, all local governments and their subdivisions, and all institutions and departments under the jurisdiction of the Board of Governors of The University of North Carolina shall furnish the Commission with any information in their possession or available to them.

(i)        Of the funds appropriated in this act to the General Assembly for the 1993-94 fiscal year, the sum of one hundred thousand dollars ($100,000) shall be available to fund the work of the Legislative Study Commission on the Status of Education at The University of North Carolina.

 

PART 16.  COMMUNITY COLLEGES

 

Requested by:  Senator Ward, Representatives Black, Rogers

COURSE REPETITION POLICY

Sec. 102.  (a) No full-time equivalent students (FTE) shall be generated for occupational extension students after the first repetition of an occupational extension class.  Except as provided in subsection (b) of this section, if students take an occupational extension class more than twice, they shall pay the full amount of the per student cost for the class and the community college shall earn no budget FTE for these students.

(b)       Community colleges may permit a student to repeat a course more than once if that student demonstrates that the course repetition is required by standards governing the certificate or licensing program in which the student is enrolled.  Colleges permitting this course repetition shall earn budget FTE for the student and shall report on a regular basis to the State Board on the students they have permitted this course repetition and on the certification or licensure requirements that necessitated it.

(c)       The State Board of Community Colleges shall conduct a review of all occupational extension courses, including their content, length, definition, and common course title.  It shall ensure that these courses are classified appropriately as occupational extension and are not actually community services courses.

 

Requested by:  Senator Ward, Representatives Black, Rogers

AUDIT POLICIES

Sec. 103.  (a) The State Board of Community Colleges shall require that the program auditors shall use a minimum twenty-five percent (25%) sample size in their audits of community colleges.

(b)       The State Board of Community Colleges shall require colleges to repay funds for all programs, not just full-time equivalent (FTE) student-producing programs, that are not in compliance with rules adopted by the State Board or by State or federal law.

(c)       If a community college is in violation of a State or federal law or of a State Board rule, the program auditors shall cite the college for an audit exception and not a concern.  The State Board shall clarify its rules in order to improve colleges' compliance with this section.

(d)       The State Board shall assess a twenty-five percent (25%) fiscal penalty in addition to the audit exception on all audits of both dollars and student membership hours excepted.

(e)       Community colleges with FTE audit exceptions shall not benefit from the two-year averaging provision for the FTE audit exception.

 

Requested by:  Senator Ward, Representatives Black, Rogers

COMMUNITY COLLEGE IN-PLANT TRAINING

Sec. 104.  (a) The State Board of Community Colleges shall operate in-plant training programs in accordance with the rules adopted by the State Board on April 8, 1993, except that the State Board may increase the administrative overhead percentage from fifteen percent (15%) to twenty-five percent (25%).

(b)       The State Board of Community Colleges shall not approve funding for any in-plant training programs authorized by G.S. 115D-5(d) without first making a written finding that the public's interest in the program predominates over the private interests of the company.  The State Board shall adopt rules for determining when private interests predominate over the public's interest.

 

Requested by:  Senator Ward, Representatives Black, Rogers

PRISON EDUCATION

Sec. 105.  (a) Correction education programs shall report full-time equivalent (FTE) student hours on the basis of contact hours rather than student membership hours.

(b)       The State Board of Community Colleges shall develop a plan for the delivery of appropriate education in correctional facilities.  This plan shall address the length and type of course, taking into consideration the mobility of the prison population.  The State Board shall report its plan to the General Assembly by May 1, 1994.

 

Requested by:  Senator Ward, Representatives Black, Rogers

HUSKINS PROGRAM

Sec. 106.  (a) The State Board of Community Colleges shall ensure that all courses offered to high school students under Huskins Bill programs are limited to college level courses that are not available or could not be offered by the local high schools.

(b)       The State Board of Community Colleges shall use funds from its State Board Reserve to study all courses offered through each community college's Huskins Bill programs.  This study shall compare the courses offered by the high schools in the area of advance placement and vocational and technical programs.  It shall also indicate how each high school with Huskins Bill courses spends its State and federal vocational education funds, including which courses were offered with these funds for the 1991-92 and 1992-93 fiscal years.  The State Board shall assess the extent to which Huskins Bill programs are duplicating or supplanting the course offerings of high schools.  In addition, the study shall review each Huskins Bill course to ensure that it is college level work.

(c)       The local education agencies (LEAs) and the State Board of Education shall cooperate by providing the information necessary to complete this study.

(d)       The State Board of Community Colleges shall report the findings of this study to the General Assembly by May 1, 1994.

 

Requested by:  Senator Ward, Representatives Black, Rogers

COMMUNITY COLLEGE SHELTERED WORKSHOPS/ADAP FUNDS TRANSFER

Sec. 107.  In order to achieve administrative efficiencies, it is the intent of the General Assembly to provide funds for sheltered workshops through the Department of Human Resources' Adult Developmental Activity Program (ADAP).  Of the funds appropriated to the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, Department of Human Resources, in this act, the sum of one million fifty-nine thousand two dollars ($1,059,002) for each year of the 1993-95 biennium shall be used for providing funds to the sheltered workshops/ADAPs that received funds or services from local community colleges during the 1992-93 Budget FTE Year.  The Department of Human Resources shall not use any of these funds for administration.  No State funds shall be used by community colleges to provide training in sheltered workshops, except for compensatory education and literacy programs.

 

Requested by:  Senator Ward, Representatives Black, Rogers

REMEDIATION MEASURES

Sec. 108.  (a) The State Board of Community Colleges shall study the different tests used by colleges to place students in developmental courses.  This study shall determine appropriate tests and proficiency levels to be used in selecting and placing students in developmental courses.

(b)       The State Board shall report its findings to the General Assembly by May 1, 1994.

 

Requested by:  Senator Ward, Representatives Black, Rogers

COMMUNITY COLLEGE ACCOUNTABILITY MEASURES

Sec. 109.  (a) The State Board of Community Colleges shall establish standards for levels of institutional performance on those critical success factors that can be appropriately measured to indicate how individual colleges are performing in meeting the goals of the North Carolina Community College System.  Each community college shall report its performance on these measures to the State Board.  Colleges that fail to attain any of the the standards in any year shall report to the State Board the reasons why performance fell below standards and the steps being taken to meet the standards.

(b)       The State Board of Community Colleges shall study models for measuring institutional effectiveness, such as the Desktop Audit used by Coastal Carolina Community College, and shall direct community colleges to utilize similar models in providing accountability information to the State Board for the General Assembly.  Colleges shall provide information on graduate placement rates and employer, graduate, and early leavers satisfaction with college programs to the State Board.  In addition, the State Board shall direct colleges to follow up on early leavers from their programs to determine, to the extent possible, the reasons for their withdrawal from college programs.

(c)       The State Board of Community Colleges shall report on its implementation of subsections (a) and (b) of this section to the General Assembly by May 1, 1994.

 

Requested by:  Senator Ward, Representatives Black, Rogers

MAINTENANCE OF PLANT

Sec. 110.  Article 3 of Chapter 115D of the General Statutes is amended by adding a new section  to read:

" 115D-31.2.  Maintenance of plant.

Notwithstanding any provisions of law to the contrary, any community college that has an out-of-county student head count served on the main campus of the college in excess of fifty percent (50%) of the total student head count as defined by the State Board of Community Colleges, shall be provided funds for the purpose of 'operations of plant'.  These funds shall not exceed eighty-five percent (85%) of the funds allocated to these colleges during the 1990-91 fiscal year for this purpose."

 

Requested by:  Senator Ward, Representatives Black, Rogers

OPERATING APPROPRIATIONS/NOT USED FOR RECREATION EXTENSION

Sec. 111.  Chapter 115D-5 is amended by adding a new subsection to read:

"(g)      Funds appropriated to the Department of Community Colleges as operating expenses for allocation to the institutions comprising the North Carolina Community College System shall not be used to support recreation extension courses.  The financing of these courses by any institution shall be on a self-supporting basis, and membership hours produced from these activities shall not be counted when computing full-time equivalent students (FTE) for use in budget-funding formulas at the State level."

 

Requested by:  Senator Ward, Representatives Black, Rogers

FULL-TIME EQUIVALENT TEACHING POSITIONS/COMMUNITY COLLEGES

Sec. 112.  For the purpose of determining the community college system-wide number of full-time equivalent (FTE) student enrollment each year, the total curriculum full-time equivalent student enrollment shall be divided by the appropriate number for each year of the 1993-95 fiscal biennium pursuant to funds appropriated in this act for this purpose.  The occupational extension full-time equivalent student enrollment shall be divided by 23 for the 1993-95 fiscal biennium.

 

Requested by:  Senator Ward, Representatives Black, Rogers

BOOKS AND EQUIPMENT APPROPRIATIONS/REVERT AFTER ONE YEAR

Sec. 113.  Appropriations to the Department of Community Colleges for equipment and library books are made for each year of the fiscal biennium.  All unencumbered appropriations shall revert to the General Fund 12 months after the close of each fiscal year for which they were appropriated.  Encumbered balances outstanding at the end of each period shall be handled in accordance with existing State budget policies.  The Department shall be able to identify to the Office of State Budget and Management which appropriations will revert at the end of the 12 months after the close of each fiscal year.

 

Requested by:  Senators Ward, Conder, Representatives Black, Rogers

"TECH PREP"IMPLEMENTATION

Sec. 114.  Of the funds available to State-aid to local school administrative units for vocational education, fifty thousand dollars ($50,000) for the 1993-94 fiscal year and fifty thousand dollars ($50,000) for the 1994-95 fiscal year, shall be allocated to the North Carolina Tech Prep Leadership Development Center at Richmond Community College for assistance to local education agencies and community colleges in planning and implementing "Tech Prep" across the State.  The Department of Community Colleges shall allocate fifty thousand dollars ($50,000) each fiscal year from funds available to it for the 1993-94 fiscal year and for the 1994-95 fiscal year for the North Carolina "Tech Prep" Leadership Development Center at Richmond Community College.

 

Requested by:  Representatives Nesbitt, Black, Rogers, Senator Ward

COMMUNITY COLLEGE FACULTY SALARIES

Sec. 115.  (a) The General Assembly appropriated thirty-two thousand seven hundred ninety-six dollars ($32,796) as the unit value for community college curriculum faculty during the 1992-93 fiscal year.  The Southern Regional Education Board states' average salary for full-time community college faculty was thirty-two thousand fifteen dollars ($32,015) in the 1991-92 fiscal year.  While the average community college curriculum faculty salary for the Community College System was thirty-three thousand thirty-five dollars ($33,035) for the 1992-93 fiscal year, there were 34 colleges in the System that paid less than the unit value.  Beginning with the 1993-94 fiscal year, each community college shall pay its full-time curriculum faculty an average salary that is the amount appropriated by the General Assembly for the curriculum unit value in the System's funding formula.  For the 1993-94 fiscal year, the amount appropriated for the curriculum unit value is thirty-four thousand two hundred sixty-two dollars ($34,262).

(b)       The State Board of Community Colleges may grant a community college an exemption from the requirement of subsection (a) of this section if it finds sound educational reasons for such an exemption.  The State Board shall report each year by May 1 to the Joint Legislative Commission on Governmental Operations on any exemptions granted under this section, including the reasons for the exemptions.

 

Requested by:  Representatives Black, Rogers, Bowman, Senator Ward

HOSIERY TECHNOLOGY CENTER FUNDS

Sec. 116.  Of the funds appropriated to the Department of Community Colleges in this act for specialized technology centers, fifty thousand dollars ($50,000) for the 1993-94 fiscal year and fifty thousand dollars ($50,000) for the 1994-95 fiscal year shall be used to establish a Hosiery Technology program at the Center for Applied Textile Technology to provide technological services to hosiery manufacturers operating in North Carolina.

 

Requested by:  Representatives Nesbitt, Diamont, Black, Rogers, Miller of Durham, Senators Ward, Perdue

GPAC/COMMUNITY COLLEGES

Sec. 117.  COMMUNITY COLLEGE COST OF EDUCATION POLICY.

(a)       The General Assembly finds that the tuition policy of the North Carolina Community College System needs to be reexamined in order to reflect better the constitutional mandate to provide higher education free of expense "as far as practicable"by reevaluating the relationship of tuition to the cost of education and by determining what costs must be made up of tuition charged in order to ensure that all eligible North Carolinians are indeed guaranteed a public higher education in the North Carolina Community College System at the lowest possible cost while maintaining a public community college system that is worthy of the support of all North Carolinians.

(b)       The General Assembly finds that tuition and required fees charged for community colleges should be a limited amount of resident students' per capita student funding.

(c)       The State Board of Community Colleges shall develop a tuition/fee policy consistent with law that limits tuition and required fees to a specific percentage of less than one-fifth of the per capita student funding for resident students attending community colleges.

(d)       The State Board of Community Colleges shall present its plan for implementing the tuition adjustments pursuant to this section to the General Assembly by April 1, 1994.

(e)       G.S. 115D-5(a) reads as rewritten:

"(a)      The State Board of Community Colleges may adopt and execute such policies, regulations and standards concerning the establishment, administration, and operation of institutions as the State Board may deem necessary to insure the quality of educational programs, to promote the systematic meeting of educational needs of the State, and to provide for the equitable distribution of State and federal funds to the several institutions.

The State Board of Community Colleges shall establish standards and scales for salaries and allotments paid from funds administered by the State Board, and all employees of the institutions shall be exempt from the provisions of the State Personnel Act. The State Board shall have authority with respect to individual institutions: to approve sites, buildings, building plans, budgets; to approve the selection of the chief administrative officer; to establish and administer standards for professional personnel, curricula, admissions, and graduation; to regulate the awarding of degrees, diplomas, and certificates; to establish and regulate student tuition and fees and financial accounting procedures. within policies for tuition and fees established by the General Assembly; and to establish and regulate financial accounting procedures."

(f)        This section becomes effective July 1, 1993.

Sec. 118.  COMMUNITY COLLEGE SYSTEM FUNDING GOAL.

(a)       It is the goal of the General Assembly to increase the per student funding for the North Carolina Community College System, as soon as fiscal conditions permit, to a level more comparable to national averages for similar institutions.

(b)       This section becomes effective July 1, 1993.

Sec. 119.  COMMUNITY COLLEGE STUDY.

(a)       In addition to its other duties, the State Board of Community Colleges shall undertake a comprehensive review of the mission of the North Carolina Community College System in order to ensure that it is well-prepared to meet changing educational and economic needs as the State moves into the Twenty-first Century.  The Monitoring Committee of the Commission on the Future of the North Carolina Community College System shall serve as an independent body to monitor and review the issues.  The State Board and the Monitoring Committee, as part of the review under this act, shall:

(1)       Thoroughly examine the mission and structure of the community college system based upon a regional review of program needs in order to facilitate the most efficient use of system resources.  This examination shall include:

a.         Defining enlarged service areas for community colleges based upon the needs of the respective service areas,

b.         Evaluating the need to consolidate, eliminate, or modify the status of existing community colleges and multicampus and off-campus centers,

c.         Assessing the distribution of physical facilities, programs, and resources in regions for the purpose of eliminating competition among the community colleges for students in overlapping service areas,

d.         Identifying any unproductive, low-quality, unnecessary, or duplicative programs, and

e.         Considering the impact of distance learning technologies on future programming.

(2)       Assess the manner in which the community college system can most effectively meet the current and future needs of business and industry and the adult population of North Carolina.

(3)       Develop a regional program structure to facilitate effective program planning, efficient use of resources, the implementation of statewide curriculum standards, and consolidated high-quality programs.  The regional structure shall be the unit used for the purposes of comprehensive planning and budgeting in the community college system.  The criteria used to determine the manner in which the community college system shall be restructured into newly defined regions may include, in addition to other appropriate criteria, the following:

a.         Location of the nearest college, campus, or off-campus center;

b.         New or anticipated population to be served;

c.         Existing and proposed transportation corridors and facilities;

d.         Programs proposed compared to the location of the nearest similar program;

e.         Feasibility of delivering programs using technology;

f.          Use and availability of facilities of local school systems;

g.         Potential impact on enrollment of nearby institutions; and

h.         Geographical redistribution of college transfer programs.

(4)       Establish guidelines for multicampus colleges and off-campus centers that recognize the availability of technology and transportation, that locate any new facilities to minimize the impact on existing colleges, campuses, and centers, and that apply regional program-sharing principles.  There shall be no new colleges, multicampus colleges, or off-campus centers established within the North Carolina Community College System until the State Board adopts these guidelines, at which time the moratorium shall be lifted.

(5)       Develop a program-based funding system, including a full-time equivalency component and specific goal performance components, in order to encourage the community colleges to meet particular State needs or goals.  The State Board of Community Colleges may propose an initial set of goals.

(6)       Establish standards for the periodic review of community college programs including standards for the termination of programs.

(7)       Develop an articulation policy that assures students taught at any institution under the jurisdiction of the State Board of Education, the State Board of Community Colleges, or the Board of Governors of The University of North Carolina may transfer credit to other institutions within these systems in order to eliminate the necessity of repetition of instruction in the same areas so that costs to the student and to the State are minimized.

(8)       Design, within the community college system, Programs for Excellence, which shall be world-class model programs in each curriculum program area, to be implemented throughout the community college system at each of the institutions authorized to offer each program.  These Programs shall include model curricula, establish curriculum standards, and update curricula in response to changes in technologies and market conditions.

(9)       Study any additional issue the State Board of Community Colleges or the Monitoring Committee considers appropriate.

(b)       The State Board of Community Colleges shall make interim reports to the Joint Legislative Education Oversight Committee no later than April 15, 1994, and no later than January 15, 1995.  Thereafter, the State Board shall make annual reports to the Joint Legislative Education Oversight Committee by January 15 of each year until the Monitoring Committee terminates, at which time the State Board shall make a final report.

(c)       This section shall remain in effect until terminated by the General Assembly.

Sec. 120. COMMUNITY COLLEGE SCHOLARSHIPS.

(a)       The Department of Community Colleges shall develop a plan to establish a Community College System Challenge Grant Scholarship Fund.  The plan shall be presented to the 1994 Regular Session of the 1993 General Assembly.  The plan shall address initial funding (method and amounts) as well as matching contributions from non-State contributions.

(b)       It is the goal of the General Assembly that the Challenge Grant Scholarship Fund be developed for the benefit of students with demonstrated financial need in the North Carolina Community College System.

(c)       The State Board of Community Colleges shall administer the Challenge Grant Scholarship Fund as a means for augmenting rapidly the principal in the Fund so that the State Board will gain greater resources from which to award aid to a larger number of needy students.

(d)       This section is effective upon ratification.

 

Requested by:  Representatives Black, Rogers, Brawley, Senator Ward

PRORATION OF FTE REIMBURSEMENTS/MINIMUM CLASS SIZE STUDY

Sec. 124.  (a) The State Board of Community Colleges shall develop a plan for the proration of FTE reimbursements between two community colleges when (i) both are operating a joint program or (ii) one is operating a program on the other's campus. 

(b)       This proration plan shall be based on the respective costs of each of the community colleges associated with the following:

(1)       Recruitment of students;

(2)       Provision of classroom space;

(3)       Development of course materials;

(4)       Administrative and support costs; and

(5)       Instructional costs.

(c)       The State Board of Community Colleges shall study the issue of establishing minimum class sizes for community college classes.

(d)       The State Board of Community Colleges shall report on the proration plan developed pursuant to subsections (a) and (b) of this section and on the results of its minimum class size study pursuant to subsection (c) of this section to the 1993 General Assembly, Regular Session 1994, by May 1, 1994.

 

Requested by:  Senator Ward, Representatives Black, Rogers

ASSISTANCE TO HOSPITAL NURSING/FUND DISTRIBUTION

Sec. 124.1.  Funds appropriated in this act to the Department of Community Colleges to provide financial assistance to hospital programs of nursing education leading to diplomas in nursing that are fully accredited by the North Carolina Board of Nursing and operated under the authority of a public or nonprofit hospital licensed by the North Carolina Medical Care Commission shall be distributed, upon application for financial assistance, for each full-time student duly enrolled in the program as of December 1, 1992, and on condition that accreditation is maintained.  The amount per student shall not exceed eight hundred fifty dollars ($850.00).  The State Board of Community Colleges shall adopt rules to ensure that this financial assistance is used directly for faculty and instructional needs of diploma nursing programs.

 

Requested by:  Senators Plyler, Daniel, Ward, Representatives Black, Rogers

STUDENT CENSUS DATE

Sec. 124.2.  (a) The census date for reporting student membership hours for curriculum and occupational extension classes shall be at the thirty percent (30%) point of the class.

(b)       Subsection (a) of this section does not apply to courses offered on a contact-hour basis.

 

PART 17.  PUBLIC SCHOOLS

 

Requested by:  Senators Perdue, Ward, Representatives Black, Rogers, Barnes, Kuczmarski

FRESHMAN PERFORMANCE REPORTS MADE AVAILABLE TO PARENTS OF HIGH SCHOOL STUDENTS

Sec. 125.  G.S. 115C-12(18)c. reads as rewritten:

"c.        The State Board of Education shall comply with the provisions of G.S. 116-11(10a) to plan and implement an exchange of information between the public schools and the institutions of higher education in the State.  The State Board of Education shall require local boards of education to provide to the parents of children at a school all information except for confidential information received about that school from institutions of higher education pursuant to G.S. 116-11(10a) and to make that information available to the general public."

 

Requested by:  Senators Ward, Perdue, Representatives Black, Rogers, Kuczmarski

CAREER DEVELOPMENT FUNDS 1994-95 REDUCTION

Sec. 126.  The State Board of Education shall require the local school administrative units receiving career development funds to modify their differentiated pay plans for the 1994-95 fiscal year so that the cost of the differentiated pay plan equals (i) five percent (5%) of teacher and administrator salaries and of the employer's contributions for social security and retirement, for the prior fiscal year, and (ii) the amount of local funds available for differentiated pay.

It is the intent of the General Assembly that this reduction in appropriations not result in employees receiving less on a monthly basis in salary and State-funded bonuses during the 1994-95 fiscal year than they received on a monthly basis during the 1993-94 fiscal year so long as the employees qualify for bonuses under the local differentiated pay plan.

 

Requested by:  Senators Ward, Perdue, Representatives Black, Rogers, Barnes, Kuczmarski, Nesbitt, Diamont

TEACHER SALARY SCHEDULES

Sec. 127.  (a) The Director of the Budget may transfer from the Reserve for Salary Increases for the 1993-94 fiscal year funds necessary to implement the teacher salary schedule set out in subsection (b) of this section, including funds for the employer's retirement and social security contributions and funds for annual longevity payments at one percent (1%) of base salary for 10 to 14 years of State service, one and one-half percent (1.5%) of base salary for 15 to 19 years of State service, two percent (2%) of base salary for 20 to 24 years of State service, and two and one-half percent (2.5%) of base salary for 25 years of State service, commencing July 1, 1993, for all teachers whose salaries are supported from the State's General Fund.  These funds shall be allocated to individuals according to rules adopted by the State Board of Education and the Superintendent of Public Instruction.  The longevity payment shall be paid in a lump sum once a year.

(b)(1)  Beginning July 1, 1993, the following monthly salary schedule shall apply to certified personnel of the public schools who are classified as "A" teachers.  The schedule contains 30 steps with each step corresponding to one year of teaching experience.

Years of                                     1993-94

Experience                                Salary

00                                            $2,002

01                                               2,042

02                                               2,083

03                                               2,125

04                                               2,168

05                                               2,211

06                                               2,255

07                                               2,300

08                                               2,346

09                                               2,393

10                                               2,441

11                                               2,490

12                                               2,540

13                                               2,591

14                                               2,643

15                                               2,696

16                                               2,750

17                                               2,805

18                                               2,861

19                                               2,918

20                                               2,976

21                                               3,036

22                                               3,097

23                                               3,159

24                                               3,222

25                                               3,286

26                                               3,352

27                                               3,419

28                                               3,487

29+                                            3,557

(2)       Beginning July 1, 1993, the following monthly salary schedule shall apply to certified personnel of the public schools who are classified as "G" teachers.  The schedule contains 30 steps with each step corresponding to one year of teaching experience.

Years of                                     1993-94

Experience                                Salary

00                                            $2,127

01                                               2,170

02                                               2,213

03                                               2,257

04                                               2,302

05                                               2,348

06                                               2,395

07                                               2,443

08                                               2,492

09                                               2,542

10                                               2,593

11                                               2,645

12                                               2,698

13                                               2,752

14                                               2,807

15                                               2,863

16                                               2,920

17                                               2,978

18                                               3,038

19                                               3,099

20                                               3,161

21                                               3,224

22                                               3,288

23                                               3,354

24                                               3,421

25                                               3,489

26                                               3,559

27                                               3,630

28                                               3,703

29+                                            3,777

(3)       Beginning July 1, 1993, certified public school teachers with certification based on academic preparation at the six-year degree level shall receive a salary supplement of one hundred twenty-six dollars ($126.00) per month in addition to the compensation provided for certified personnel of the public schools who are classified as "G" teachers.  This is in lieu of the separate salary schedule adopted by the General Assembly for these employees in Section 72 of Chapter 900 of the 1991 Session Laws.

(4)       Beginning July 1, 1993, certified public school teachers with certification based on academic preparation at the doctoral degree level shall receive a salary supplement of two hundred fifty-three dollars ($253.00) per month in addition to the compensation provided for certified personnel of the public schools who are classified as "G" teachers.  This is in lieu of the separate salary schedule adopted by the General Assembly for these employees in Section 72 of Chapter 900 of the 1991 Session Laws.

(c)       The salary schedules set out in this section shall apply to all public school teachers within the State and no teacher in any local school administrative unit shall be entitled to a State salary or a State salary and bonus, except as provided in a local differentiated pay plan, in excess of the amount set out in this section.

(d)       The first step of the salary schedule for school psychologists shall be equivalent to Step 5, corresponding to five years of experience, on the salary schedule established in this section for certified personnel of the public schools who are classified as "G" teachers.  Certified psychologists shall be placed on the salary schedule at an appropriate step based on their years of experience.  Certified psychologists shall receive longevity payments based on years of State service in the same manner as teachers.

 

Requested by:  Senator Ward, Representatives Black, Rogers, Barnes, Kuczmarski

OFFICE OF TEACHER RECRUITMENT STATUTES REPEALED

Sec. 128.  Part 1 of Article 24C of Chapter 115C of the General Statutes is repealed.

 

Requested by:  Senator Ward, Representatives Black, Rogers, Kuczmarski

ALLOCATION OF FUNDS FOR MERGED CAREER LADDER PILOT PROJECTS

Sec. 129.  (a) Any differentiated pay plan for a local school administrative unit in a school unit that resulted from a merger of a school unit that was a career development pilot project and a school unit that was not a career development pilot project shall receive (i) the amount of funds that was previously allocated to the particular pilot project by the State Board of Education and (ii) the amount of funds the unit is entitled to receive to administer the School Accountability Act of 1989 pursuant to this act for the portion of the merged unit that did not participate in the pilot project.

(b)       The differentiated pay plan for a local school administrative unit that resulted from a merger subsequent to June 30, 1993, of a school unit that was a career development pilot project and a school unit that was not a career development pilot project may be modified by the local school board, upon the recommendation of the State Superintendent of Public Instruction and with the approval of the State Board of Education.

 

Requested by:  Senators Ward, Perdue, Representatives Black, Rogers, Barnes, Kuczmarski

REORGANIZATION OF THE DEPARTMENT OF PUBLIC INSTRUCTION

Sec. 130.  Notwithstanding G.S. 143-23 or any other provision of law, the Superintendent of Public Instruction shall reorganize the Department of Public Instruction to implement a seven hundred sixty-three thousand three hundred sixty-six dollar ($763,366) base budget reduction for the 1993-94 fiscal year and a one million seven hundred eighty-one thousand seven hundred sixteen dollar ($1,781,716) base budget reduction for the 1994-95 fiscal year.  As a result of the reorganization, 57 positions funded from the General Fund shall be abolished during the 1993-95 fiscal biennium.

The Department shall report to the Joint Legislative Education Oversight Committee on the positions funded from the General Fund and from other sources that are eliminated during each year of the 1993-95 fiscal biennium.

 

Requested by:  Representatives H. Hunter, Rogers, Barnes, Senators Ward, Perdue

CONTINUE MODEL TEACHER EDUCATION CONSORTIUM

Sec. 131.  Section 72(a) of Chapter 752 of the 1989 Session Laws, as rewritten by Section 56(c) of Chapter 900 of the 1991 Session Laws, reads as rewritten:

"(a)      There is established a model teacher education consortium for the following local school administrative units:  Bertie, Gates County, Granville County, Halifax County, Hertford County, Northampton County, Vance County, Warren County, Roanoke Rapids City, and Weldon City, with the collaboration of East Carolina University, Elizabeth City State University, Barton College, North Carolina Wesleyan College, Halifax Community College, and Vance-Granville Community College."

 

Requested by:  Representatives Nesbitt, Diamont, Black, Rogers, Barnes, Kuczmarski, Senators Ward, Perdue

SCHOOL-BASED ADMINISTRATOR SALARIES

Sec. 132.  (a) Funds appropriated to the Reserve for Salary Increases shall be used to begin implementation of a new salary schedule for school-based administrators as provided in this act.  These funds shall be used for State-paid employees only.

(b)       The salary schedule for school-based administrators shall apply only to principals and assistant principals.  The salary schedule for the 1993-94 fiscal year is as follows:

 

1              1               2               3              4               5               6                    7

 

Asst.

Step            Prin. Prin.I       Prin.II      Prin.III     Prin.IV     Prin.V      Prin.VI          Prin.VII

 

0                 -          -               -               -              -               -               -                    - 

1                 -          -               -               -              -               -               -                    - 

2                 -          -               -               -              -               -               -                    - 

3                 -          -               -               -              -               -               -                    - 

4                 $2,371 -               -               -              -               -               -                    - 

5                 2,418   -               -               -              -               -               -                    - 

6                 2,466   -               -               -              -               -               -                    - 

7                 2,515   -               -               -              -               -               -                    - 

8                 2,565 $2,565       -               -              -               -               -                    - 

9                 2,616 2,616         -               -              -               -               -                    - 

10               2,668 2,668 $2,721             -              -               -               -                    - 

11               2,721 2,721    2,775             -              -               -               -                    - 

12               2,775 2,775    2,831     $2,888            -               -               -                    - 

13               2,831 2,831    2,888       2,946    $3,005             -               -                    - 

14               2,888 2,888    2,946       3,005       3,065     $3,126             -                    - 

15               2,946 2,946    3,005       3,065       3,126       3,189             -                    - 

16               3,005 3,005    3,065       3,126       3,189       3,253     $3,318                  - 

17               3,065 3,065    3,126       3,189       3,253       3,318       3,384          $3,452

18               3,126 3,126    3,189       3,253       3,318       3,384       3,452            3,521

19               3,189 3,189    3,253       3,318       3,384       3,452       3,521            3,591

20               3,253 3,253    3,318       3,384       3,452       3,521       3,591            3,663

21               3,318 3,318    3,384       3,452       3,521       3,591       3,663            3,736

22               3,384 3,384    3,452       3,521       3,591       3,663       3,736            3,811

23               3,452 3,452    3,521       3,591       3,663       3,736       3,811            3,887

24               3,521 3,521    3,591       3,663       3,736       3,811       3,887            3,965

25               3,591 3,591    3,663       3,736       3,811       3,887       3,965            4,044

26               3,663 3,663    3,736       3,811       3,887       3,965       4,044            4,125

27               3,736 3,736    3,811       3,887       3,965       4,044       4,125            4,208

28               3,811 3,811    3,887       3,965       4,044       4,125       4,208            4,292

29               3,887 3,887    3,965       4,044       4,125       4,208       4,292            4,378

30               3,965 3,965    4,044       4,125       4,208       4,292       4,378            4,466

31               4,044 4,044    4,125       4,208       4,292       4,378       4,466            4,555

32               -     4,125       4,208       4,292       4,378       4,466       4,555            4,646

33               -          -         4,292       4,378       4,466       4,555       4,646            4,739

34               -          -         4,378       4,466       4,555       4,646       4,739            4,834

35               -          -               -         4,555       4,646       4,739       4,834            4,931

36               -          -               -         4,646       4,739       4,834       4,931            5,030

37               -          -               -               -         4,834       4,931       5,030            5,131

38               -          -               -               -              -         5,030       5,131            5,234

39               -          -               -               -              -               -         5,234            5,339

40               -          -               -               -              -               -         5,339            5,446

41               -          -               -               -              -               -               -              5,555.

Provided, however, this salary schedule sets the entry level salary of an assistant principal three percent (3%) higher than the salary of a teacher with a "G" certificate with four years of experience, and it contains an approximate two percent (2%) increase between each step.  If the salary schedule for teachers with "G" certificates is modified for subsequent fiscal years, the State Board of Education shall modify this salary schedule accordingly.

(c)       The appropriate classification for placement of principals and assistant principals on the salary schedule shall be determined in accordance with the following schedule:

Number of Teachers

Grade               Classification                                         Supervised

1                   Assistant Principal

Principal I                                                Less than 11 Teachers

2                   Principal II                                               11-21 Teachers

3                   Principal III                                              22-32 Teachers

4                   Principal IV                                              33-43 Teachers

5                   Principal V                                               44-54 Teachers

6                   Principal VI                                              55-65 Teachers

7                   Principal VII                                            More than 65 Teachers.

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

(d)       An assistant principal shall be placed on the step on the salary schedule that reflects total years of experience as a certificated employee of the public schools.

A principal shall be placed on the step on the salary schedule that reflects total number of years of experience as a certificated employee of the public schools and an additional step for every three years of experience as a principal.

(e)       Notwithstanding any other provision of this section, the certified base salary of a principal or assistant principal shall not increase less than one percent (1%) or more than three percent (3%) as a result of placement on the salary schedule in accordance with this section.  If placement on a grade and step of the salary schedule in accordance with this section would result in a principal or assistant principal receiving a salary increase of from one percent (1%) to three percent (3%), the principal or assistant principal shall be placed on a grade and step of the salary schedule in accordance with this section.  If placement on a grade and step of the salary schedule in accordance with this section would result in a principal or assistant principal receiving a salary increase of less than one percent (1%), the principal or assistant principal shall be placed on the lowest grade and step with a salary that is at least a one percent (1%) salary increase for the principal or assistant principal.  If placement on a grade and step of the salary schedule in accordance with this section would result in a principal or assistant principal receiving a salary increase of more than three percent (3%), the principal or assistant principal shall be placed on the lowest grade and step with a salary that is at least a three percent (3%) salary increase for the principal or assistant principal.

(f)        Principals and assistant principals with certification based on academic preparation at the six-year degree level shall be paid an additional one hundred twenty-six dollars ($126.00) per month.  Principals and assistant principals with certification based on academic preparation at the doctoral degree level shall be paid an additional two hundred fifty-three dollars ($253.00) per month.

(g)       (1)       There shall be no State requirement that superintendents in each local school unit shall receive in State-paid salary at least one percent (1%) more than the highest paid principal receives in State salary in that school unit:  Provided, however, the additional State-paid salary a superintendent who was employed by a local school administrative unit for the 1992-93 fiscal year received because of that requirement shall not be reduced because of this subsection for subsequent fiscal years that the superintendent is employed by that local school administrative unit so long as the superintendent is entitled to at least that amount of additional State-paid salary under the rules in effect for the 1992-93 fiscal year.

(2)       Section 19.1(g) of Chapter 1137 of the 1979 Session Laws, as rewritten by Section 97 of Chapter 1086 of the 1987 Session Laws, is repealed.

(h)       Longevity pay for principals and assistant principals shall be as provided for State employees.

(i)        (1)       If a principal is reassigned to a higher job classification because the principal is transferred to a school within a local school administrative unit with a larger number of State-allotted teachers, the principal shall be placed on the salary schedule as if the principal had served the principal's entire career as a principal at the higher job classification.

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

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

(j)        The State Board of Education shall adopt rules for placing principals and assistant principals who have experience in other states on the salary schedule.

Principals and assistant principals who are initially employed in a public school in North Carolina shall be placed on the "G" teacher salary schedule in accordance with their total experience in education and then given a percentage increase for assignment to the specific school-based administrator classification.  The percentage increase shall be computed as follows:

"G" teacher salary +  4% for assignment to Assistant Principal

4% for assignment to Principal I

6% for assignment to Principal II

8% for assignment to Principal III

10% for assignment to Principal IV

12% for assignment to Principal V

14% for assignment to Principal VI

16% for assignment to Principal VII.

(k)       The Joint Legislative Education Oversight Committee may consider the current salary schedules for school administrators other than principals and assistant principals and may recommend any needed changes to those salary schedules.

 

Requested by: Senators Ward, Perdue, Representatives Nesbitt, Black, Rogers, Barnes, Kuczmarski

SALARIES FOR NONCERTIFIED PUBLIC SCHOOL EMPLOYEES

Sec. 133.  (a)       G.S. 115C-12(16) reads as rewritten:

"(16)   Power with Regard to Salary Schedules. -

a.         Support personnel refers to all public school employees who are not required by statute or regulation to be certified in order to be employed.  The State Board of Education is authorized and empowered to adopt all necessary rules for full implementation of all schedules to the extent that State funds are made available for support personnel.

b.         Salary schedules for the following public school support personnel shall be adopted by the State Board of Education: school finance officer, office support personnel, property and cost clerks, teacher assistants, maintenance supervisors, custodial personnel, and transportation personnel. The Board shall classify these support positions in terms of uniform pay grades included in the salary schedule of the State Personnel Commission.

Prior to the 1995-96 school year, local boards of education shall place State-allotted office support personnel, teacher assistants, and custodial personnel on the salary schedule adopted by the State Board of Education so that the average salary paid is the State-allotted amount for the category.  In placing employees on the salary schedule, the local board shall consider the education, training, and experience of each employee.  It is the intent of the General Assembly that a local school administrative unit not fail to employ an employee who was employed for the prior school year in order to implement the provisions of this sub-subdivision.  The Department of Public Instruction shall provide technical assistance to local school administrative units regarding the implementation of this sub-subdivision.

The average salary paid to employees in each category from State-allotted funds for the 1993-94 school year shall be at least two percent (2%) higher than the average salary paid to employees in that category from State-allotted funds for the 1992-93 school year.

The State Board of Education shall report to the General Assembly, prior to March 31, 1994, and March 31, 1995, on the implementation of this sub-subdivision.

c.         Salary schedules for other support personnel, including but not limited to maintenance and school food service personnel, shall be adopted by the State Board of Education. The Board shall classify these support positions in terms of uniform pay grades included in the salary schedule of the State Personnel Commission. These schedules shall apply if the local board of education does not adopt a salary schedule of its own for personnel paid from other than State appropriations."

(b)       G.S. 115C-238.6(a) reads as rewritten:

"(a)      Prior to June 30 each year, the State Superintendent shall review local school improvement plans submitted by the local school administrative units in accordance with policies and performance indicators adopted by the State Board of Education. If the State Superintendent approves the plan for a local school administrative unit, that unit shall participate in the Program for the next fiscal year.

If a local plan contains a request for a waiver of State laws, regulations, or policies, in accordance with G.S. 115C-238.3(b1) or (b2), the State Superintendent shall determine whether and to what extent the identified laws, regulations, or policies should be waived. The State Superintendent shall present that plan and his determination to the State Board of Education. If the State Board of Education deems it necessary to do so to enable a local unit to reach its local accountability goals, the State Board, only upon the recommendation of the State Superintendent, may grant waivers of:

(1)       State laws pertaining to class size, teacher certification, assignment of teacher assistants, the use of State-adopted textbooks, and the purposes for which State funds for the public schools, except for funds for school health coordinators, may be used: Provided, however, the State Board of Education shall not permit the use of funds for teachers for expanded programs under the Basic Education Program for any other purpose;

(2)       All State regulations and policies, except those pertaining to State salary schedules and employee benefits for school employees, the instructional program that must be offered under the Basic Education Program, the system of employment for public school teachers and administrators set out in G.S. 115C-325, health and safety codes, compulsory school attendance, the minimum lengths of the school day and year, and the Uniform Education Reporting System.

The provisions of G.S. 115C-12(16)b. regarding the placement of State-allotted office support personnel, teacher assistants, and custodial personnel on the salary schedule adopted by the State Board shall not be waived.

Except for waivers requested by the local board in accordance with G.S. 115C-238.3(b2)           for central office staff, waivers shall be granted only for the specific schools for which they are requested in building-level plans and shall be used only under the specific circumstances for which they are requested."

 

Requested by:  Senators Ward, Perdue, Representatives Diamont, Nesbitt, Black, Rogers, Barnes, Kuczmarski

EXCEPTIONAL CHILDREN FUNDS

Sec. 134. (a) The funds appropriated for exceptional children in this act shall be allocated as follows:

(1)       Each local school administrative unit shall receive for academically gifted children the sum of $641.26 per child for three and nine-tenths percent (3.9%) of the 1992-93 actual average daily membership in the local school administrative unit, regardless of the number of children identified as academically gifted in the local school administrative unit. The total number of children for which funds shall be allocated pursuant to this subdivision is 43,114 for the 1993-94 school year.

(2)       Each local school administrative unit shall receive for exceptional children other than academically gifted children the sum of $1,923.79 per child for the lesser of (i) all children who are identified as exceptional children other than academically gifted children or (ii) twelve and five-tenths percent (12.5)% of the 1992-93 actual average daily membership in the local school administrative unit. The maximum number of children for which funds shall be allocated pursuant to this subdivision is 125,316 for the 1993-94 school year.

(3)       Each local school administrative unit in which more than twelve and five-tenths percent (12.5%) of the 1992-93 actual average daily membership are identified as exceptional children other than academically gifted children shall receive $418.76 per child in excess of the twelve and five-tenths percent (12.5%).  These funds shall be used only for nonrecurring expenditures and other expenditures for exceptional children other than academically gifted children that do not impose future obligations on the State or local governments.

The dollar amounts allocated under subdivisions (1) and (2) of this subsection for exceptional children shall also increase in accordance with legislative salary increments for personnel who serve exceptional children.

(b)       The State Board of Education shall study the methods of identifying exceptional children other than academically gifted children and formulas for allocating funds for exceptional children other than academically gifted children, including pupil formulas that approximate the actual costs of providing services. The formulas may include factors such as the severity of exceptionality, wealth of the local educational agency, and any other factor the State Board of Education considers appropriate. The State Board of Education shall ensure that the formulas do not encourage local educational agencies as defined in G.S. 115C-110 to overidentify exceptional children, to categorize children as more severely impaired than they are, or to serve children in more restrictive settings than are needed. The State Board of Education shall determine the impact on current funding levels by running simulations of any formulas that it considers, and shall recommend a five-year timeline beginning with the 1995-96 fiscal year for implementation of the formulas, which may include the elimination of caps in allocating exceptional children's funds at the end of the five years.

(c)       The State Board of Education shall reexamine the State's laws, rules, and policies concerning the education of academically gifted children.  As part of this review, the Board shall (i) determine whether there should be State criteria for the identification of these children, (ii) determine whether local school administrative units should be required to count academically gifted children as part of their annual head counts for exceptional children, (iii) identify, and establish performance criteria to measure the success of, appropriate programs or other uses of the funds for academically gifted children under subsection (a) of this section, and (iv) establish criteria to ensure that academically gifted children are generally reflective of the population of children enrolled in the State's public schools.

(d)       The State Board of Education shall report its recommendations, including any proposals for modified laws, rules, or policies and findings under subsections (b) and (c) of this section to the Commission on Children with Special Needs and to the chairs of the appropriations committees and the appropriations subcommittees on education of the Senate and the House of Representatives by March 15, 1994.

 

Requested by:  Senators Ward, Perdue, Representatives Black, Rogers, Barnes, Kuczmarski

SCHOOL COUNSELOR FUNDS

Sec. 134.1.  Funds in the amount of ten million dollars ($10,000,000) for the 1993-94 fiscal year and ten million dollars ($10,000,000) for the 1994-95 fiscal year are appropriated for instructional support personnel.  It is the intent of the General Assembly that these funds be used first for counselors, then for social workers and other instructional support personnel to help reduce violence in public schools.

 

Requested by:  Senators Winner of Mecklenburg, Perdue, Ward, Representatives Nesbitt, Diamont, Barnes, Black, Kuczmarski, Rogers

SCHOOL TECHNOLOGY COMMISSION CREATED

Sec. 135. (a) Article 8 of Chapter 115C of the General Statutes is amended by adding a new Part to read:

"Part 3A.  School Technology.

" 115C-102.5.  Commission on School Technology created; membership.

(a)       There is created the Commission on School Technology.  The Commission shall be located administratively in the Department of Public Education but shall exercise all its prescribed statutory powers independently of the State Board of Education and the Department of Public Instruction.

(b)       The Commission shall consist of the following 16 members:

(1)       The State Superintendent of Public Instruction or a designee;

(2)       One representative of The University of North Carolina, appointed by the President of The University of North Carolina;

(3)       One representative of the North Carolina Community College System, appointed by the President of the North Carolina Community College System;

(4)       The Deputy Controller for the Information Resources Management Commission in the Office of the State Controller;

(5)       Four members appointed by the Governor;

(6)       Four members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121, one of whom shall be recommended by the President of the Senate to serve as cochair; and

(7)       Four members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121, one of whom shall be recommended by the Speaker of the House of Representatives to serve as cochair.

In appointing members pursuant to subdivisions (5), (6), and (7) of this subsection, the appointing entities shall select individuals with technical or applied knowledge or experience in learning and instructional management technologies or individuals with expertise in curriculum or instruction who have successfully used learning and instructional management technologies.

No producers, vendors, or consultants to producers or vendors of learning or instructional management technologies shall serve on the Commission.

Members shall serve for two-year terms. Vacancies in terms of members appointed by the Governor shall be filled by the appointing officer. Vacancies in terms of members appointed by the General Assembly shall be filled in accordance with G.S. 120-122.  Persons appointed to fill vacancies shall qualify in the same manner as persons appointed for full terms.

(c)       Notwithstanding G.S. 120-123 and subsection (b) of this section, for the 1993-94 fiscal year only, the Commission shall also include one member of the Senate appointed by the President Pro Tempore of the Senate and one member of the House of Representatives appointed by the Speaker of the House of Representatives.  These members shall be voting members.

(d)       Members of the Commission who are also members of the General Assembly shall be paid subsistence and travel expenses at the rate set forth in G.S. 120-3.1.  Members of the Commission who are officials or employees of the State shall receive travel allowances at the rate set forth in G.S. 138-6.  All other members of the Commission shall be paid the per diem and allowances set forth in G.S. 138-5.

(e)       The Department of Public Instruction, the Department of Community Colleges, and the Office of the State Controller shall provide requested professional and clerical staff to the Commission.  The Commission may also employ professional and clerical staff and may hire outside consultants to assist it in its work.  The Commission shall use an outside consultant to perform a requirements analysis for learning and instructional management technologies on a statewide basis that is based on information gathered from each local school administrative unit and that considers the needs of teachers, students, and administrators.

" 115C-102.6.  Duties.

The Commission shall prepare a requirements analysis and propose a plan to the Joint Legislative Commission on Governmental Operations and the Joint Legislative Education Oversight Committee for improving student performance in the public schools through the use of learning and instructional management technologies.  In developing this plan, the Commission shall:

(1)       Assess factors related to the current use of learning and instructional management technologies in the schools, including what is currently being used, how the current use of technology relates to the standard course of study, how the effectiveness of learning and instructional management technologies is being evaluated, how schools are paying for learning and instructional management technologies, and what training school employees have received in the use of learning and instructional management technology and networks.

(2)       Identify the instructional goals that can be met through the use of learning and instructional management technologies.  The goals may include teaching the standard course of study, reaching students with a broad range of abilities, and ensuring that all students have access to a complete curriculum regardless of the geographical location or the financial resources of the school.

(3)       Examine the types of learning and instructional management technologies available to meet the identified instructional goals, including computers, audiovisual aids, science laboratory equipment, vocational education equipment, and distance learning networks.  The Commission shall consider the compatibility and accessibility of different types of learning and instructional management technologies, including compatibility with the planned statewide broadband ISDN network, and whether they may be easily communicated from one site to another.  The Commission shall also consider linkages between learning and instructional management technologies and existing State and local administrative systems.

(4)       Develop a basic level of learning and instructional management technology for every school in the State.  The basic level may include:

a.         A computer lab with student stations or a specified number of student computer stations in each classroom for the use of instructional software such as computer-assisted instruction, integrated learning systems, instructional management systems, and applications software such as word processing, database, spreadsheet, and desktop publishing.

b.         A computer workstation in every classroom for teachers to use in preparation and delivery of instruction and for administrative record keeping.

c.         A television monitor and video cassette-recorder in every classroom to take advantage of open-air broadcast programs, satellite programs, and instructional video tapes available from the library/media center.

d.         Computer workstations at each elementary and secondary school, housed in the library/media center, for individual students to use for basic skills instructional software.

e.         A telecommunications line, modem, and software in each school's library/media center that will allow students and teachers access to external databases and resources for research purposes.

f.          The availability of telephones for teachers.

g.         Initial training for the principal and teachers from each school in the use of the new technology.

(5)       Consider staffing required to operate the learning and instructional management technologies and options for maintaining the equipment.

(6)       Consider the types of staff development necessary to maximize the benefits of learning and instructional management technologies and determine the appropriate ways to provide the necessary staff development.

(7)       Develop a cost analysis of any plans and proposals that it develops.

" 115C-102.7.  Reports.

(a)       The Commission shall make a progress report prior to March 15, 1994, and a final report prior to May 15, 1994, on the plan it develops to the Joint Legislative Commission on Governmental Operations and the Joint Legislative Education Oversight Committee.  The Joint Legislative Commission on Governmental Operations and the Joint Legislative Education Oversight Committee may meet jointly to consider the reports and they may appoint subcommittees to jointly consider the reports.

(b)       The Commission shall provide notice of meetings, copies of minutes, and periodic briefings to the chair of the Information Resources Management Commission and the chair of the Technical Committee of the Information Resources Management Commission.

" 115C-102.8.  Expenditure of additional funds provided by the General Assembly.

Any funds that may be provided by the General Assembly for the 1993-95 fiscal biennium for learning and instructional management technology in addition to the funds provided in the Current Operations Appropriations Act of 1993 shall be spent only in accordance with subsequent legislation enacted by the General Assembly."

(b)       G.S. 120-123 is amended by adding a new subdivision to read:

"(60)   The Commission on School Technology, as established by G.S. 115C-102.5, except as provided in G.S. 115C-102.5(c)."

(c)       Funds in the amount of three hundred thousand dollars ($300,000) for the 1993-94 fiscal year are appropriated to the Department of Public Instruction in this act to carry out the work of the School Technology Commission.

 

Requested by: Senators Ward, Perdue,  Representatives Black, Rogers, Barnes, Kuczmarski

LOW PERFORMING UNITS

Sec. 136.  (a) If a local school administrative unit is identified as a low performing school system or placed on warning status by the State Board of Education in accordance with G.S. 115C-64.1, the Department of Public Instruction may use up to one million two hundred thousand dollars ($1,200,000) of the funds appropriated for Aid to Local School Administrative Units for each fiscal year to provide the local school administrative unit with staff development activities and technical assistance to enable the unit to improve student performance and decrease dropout rates.

The Department of Public Instruction shall not use these funds for new employee positions.

(b)       If a local school administrative unit is identified as a low performing school system by the State Board of Education in accordance with G.S. 115C-64.1, and that local school administrative unit receives small school system supplemental funding, low-wealth counties supplemental funding, or both, the local school administrative unit shall use those funds to implement the plan for improving student performance and decreasing dropout rates that it submitted to the State Board of Education in accordance with G.S. 115C-64.2(a).

If a local school administrative unit is placed on warning status by the State Board of Education, and that local school administrative unit receives small school system supplemental funding, low-wealth counties supplemental funding, or both, the local school administrative unit shall use those funds to implement a locally developed plan for improving student performance and decreasing dropout rates.

(c)       The Board of Governors of The University of North Carolina shall require the Offices of School Services at the constituent institutions to provide in-kind technical assistance worth at least six hundred thousand dollars ($600,000) for each fiscal year through the Department of Public Instruction to local school administrative units that are identified as low performing school systems or placed on warning status by the State Board of Education in accordance with G.S. 115C-64.1.

 

Requested by:  Representatives R. Hunter, Barnes, Senators Ward, Perdue

MOBILE PRESCHOOL PILOT PROGRAM

Sec. 137.  The State Board of Education shall use funds appropriated for the McSmiles pilot program to implement a pilot Mobile Classroom Instructional Laboratory for Educational Success Program in the McDowell County School Administrative Unit.  These State funds shall be used for a teacher and a teacher assistant for the pilot program.  All other costs of the pilot program shall be met with non-State funds.

The pilot program shall be a mobile preschool program for unserved four-year-old children in the McDowell County School Administrative Unit.  The goal of the pilot program shall be to prevent school failure through early identification of developmental needs and learning styles of preschool children.

The McDowell County School Administrative Unit shall report to the State Board of Education and to the General Assembly on the pilot program prior to March 1, 1995.

 

Requested by:  Senators Ward, Perdue, Representatives Black, Rogers, Barnes, Kuczmarski

SUPPLEMENTAL FUNDING IN LOW-WEALTH COUNTIES/SMALL SCHOOL SYSTEM SUPPLEMENTAL FUNDING

Sec. 138.  (a) Funds for supplemental funding. - The General Assembly finds that it is appropriate to provide supplemental funds in low-wealth counties to allow those counties to enhance the instructional program and student achievement; therefore, of the funds appropriated to Aid to Local School Administrative Units, the sum of eighteen million dollars ($18,000,000) for the 1993-94 fiscal year and the sum of eighteen million dollars ($18,000,000) for the 1994-95 fiscal year shall be used for supplemental funds for schools.

(b)       Use of funds for supplemental funding. - Local school administrative units shall use funds received pursuant to this section only to provide instructional positions, instructional support positions, teacher assistant positions, clerical positions, instructional supplies and equipment, staff development, and textbooks.

(c)       Definitions. - As used in this section:

(1)       "Anticipated county property tax revenue availability" means the county adjusted property tax base multiplied by the effective State average tax rate.

(2)       "Anticipated total county revenue availability" means the sum of the

a.         Anticipated county property tax revenue availability,

b.         Local sales and use taxes received by the county that are levied under Chapter 1096 of the 1967 Session Laws or under Subchapter VIII of Chapter 105 of the General Statutes,

c.         Food stamp exemption reimbursement received by the county under G.S. 105-164.44C,

d.         Homestead exemption reimbursement received by the county under G.S. 105-277.1A,

e.         Inventory tax reimbursement received by the county under G.S. 105-275.1 and G.S. 105-277A,

f.          Intangibles tax distribution and reimbursement received by the county under G.S. 105-213 and G.S. 105-213.1, and

g.         Fines and forfeitures deposited in the county school fund,

for the most recent year for which data are available.

(3)       "Anticipated total county revenue availability per student" means the anticipated total county revenue availability for the county divided by the average daily membership of the county.

(4)       "Anticipated State average revenue availability per student" means the sum of all anticipated total county revenue availability divided by the average daily membership for the State.

(5)       "Average daily membership" means average daily membership as defined in the North Carolina Public Schools Allotment Policy Manual, adopted by the State Board of Education.  If a county contains only part of a local school administrative unit, the average daily membership of that county includes all students who reside within the county and attend that local school administrative unit.

(6)       "County adjusted property tax base" shall be computed as follows:

a.         Subtract the present-use value of agricultural land, horticultural land, and forestland in the county, as defined in G.S. 105-277.2, from the total assessed real property valuation of the county,

b.         Adjust the resulting amount by multiplying by a weighted average of the three most recent annual sales assessment ratio studies,

c.         Add to the resulting amount the:

1.         Present-use value of agricultural land, horticultural land, and forestland, as defined in G.S. 105-277.2,

2.         Value of property of public service companies, determined in accordance with Article 23 of Chapter 105 of the General Statutes, and

3.         Personal property value,

for the county.

(7)       "County adjusted property tax base per square mile" means the county adjusted property tax base divided by the number of square miles of land area in the county.

(8)       "County wealth as a percentage of State average wealth" shall be computed as follows:

a.         Compute the percentage that the county per capita income is of the State per capita income and weight the resulting percentage by a factor of five-tenths,

b.         Compute the percentage that the anticipated total county revenue availability per student is of the anticipated State average revenue availability per student and weight the resulting percentage by a factor of four-tenths,

c.         Compute the percentage that the county adjusted property tax base per square mile is of the State adjusted property tax base per square mile and weight the resulting percentage by a factor of one-tenth,

d.         Add the three weighted percentages to derive the county wealth as a percentage of the State average wealth.

(9)       "Effective county tax rate" means the actual county tax rate multiplied by a weighted average of the three most recent annual sales assessment ratio studies.

(10)     "Effective State average tax rate" means the average of effective county tax rates for all counties.

(11)     "Per capita income" means the average for the most recent three years for which data are available of the per capita income according to the most recent report of the United States Department of Commerce, Bureau of Economic Analysis, including any reported modifications for prior years as outlined in the most recent report.

(12)     "Sales assessment ratio studies" means sales assessment ratio studies performed by the Department of Revenue under G.S. 105-289(h).

(13)     "State average current expense appropriations per student" means the most recent State total of county current expense appropriations to public schools, as reported by counties in the annual county financial information report to the State Treasurer, divided by the total State average daily membership.

(14)     "State average adjusted property tax base per square mile" means the sum of the county adjusted property tax bases for all counties divided by the number of square miles of land area in the State.

(15)     "Weighted average of the three most recent annual sales assessment ratio studies" means the weighted average of the three most recent annual sales assessment ratio studies in the most recent years for which county current expense appropriations and adjusted property tax valuations are available.  If real property in a county has been revalued one year prior to the most recent sales assessment ratio study, a weighted average of the two most recent sales assessment ratios shall be used.  If property has been revalued the year of the most recent sales assessment ratio study, the sales assessment ratio for the year of revaluation shall be used.

(d)       Eligibility for funds. - The State Board of Education shall allocate these funds to local school administrative units located in whole or in part in counties in which the county wealth as a percentage of the State average wealth is less than one hundred percent (100%).

(e)       Allocation of funds. - Except as provided in subsection (g) of this section, the amount received per average daily membership for a county shall be the difference between the State average current expense appropriations per student and the current expense appropriations per student that the county could provide given the county's wealth and an average effort to fund public schools.  (To derive the current expense appropriations per student that the county could be able to provide given the county's wealth and an average effort to fund public schools, multiply the county wealth as a percentage of State average wealth by the State average current expense appropriations per student.)

The funds for the local school administrative units located in whole or in part in the county shall be allocated to each local school administrative unit, located in whole or in part in the county, based on the average daily membership of the county's students in the school units.

If the funds appropriated for supplemental funding are not adequate to fund the formula fully, each local school administrative unit shall receive a pro rata share of the funds appropriated for supplemental funding.

(f)        Formula for distribution of supplemental funding pursuant to this section only. - The formula in this section is solely a basis for distribution of supplemental funding for low-wealth counties and is not intended to reflect any measure of the adequacy of the educational program or funding for public schools.  The formula is also not intended to reflect any commitment by the General Assembly to appropriate any additional supplemental funds for low-wealth counties.

(g)       Minimum effort required. - A county that (i) maintains an effective county tax rate that is at least one hundred percent (100%) of the effective State average tax rate in the most recent year for which data are available or (ii) maintains a county appropriation per student to the school local current expense fund of at least one hundred percent (100%) of the current expense appropriations per student to the school local current expense fund that the county could provide given the county's wealth and an average effort to fund public schools, shall receive full funding under this section.  A county that maintains a county appropriation per student to the school local current expense fund of less than one hundred percent (100%) of the current expense appropriations per student to the school local current expense fund that the county could provide given the county's wealth and an average effort to fund public schools shall receive funding under this section at the same percentage that the county's appropriation per student to the school local current expense fund is of the current expense appropriations per student to the school local current expense fund that the county could provide given the county's wealth and an average effort to fund public schools.

(h)       Nonsupplant requirement. - A county in which a local school administrative unit receives funds under this section shall use the funds to supplement and not supplant existing State and local funding for public schools.

The Local Government Commission shall analyze the budgets and the expenditures of school administrative units that receive funds under this section in light of their budgets and expenditures for the previous year and shall determine whether those funds were used to supplement and not supplant State and local funding for public schools.  The Local Government Commission shall report the results of its study to the State Board of Education, to the Joint Legislative Education Oversight Committee, and to the Appropriations Committees of the Senate and the House of Representatives, prior to May 1, 1994, and May 1, 1995.

(i)        Reports. - Counties that receive funds under this section shall report to the State Board of Education before March 1 each year on how they are using the funds for the fiscal year.  The State Board of Education shall report to the Joint Legislative Education Oversight Committee prior to May 1, 1994, and May 1, 1995, on how the funds are being used.

(j)        Department of Revenue reports. - The Department of Revenue shall provide to the Department of Public Instruction a preliminary report for the current fiscal year of the assessed value of the property tax base for each county prior to March 1 of each year and a final report prior to May 1 of each year.  The reports shall include for each county the annual sales assessment ratio and the taxable values of (i) total real property, (ii) the portion of total real property represented by the present-use value of agricultural land, horticultural land, and forestland as defined in G.S. 105-277.2, (iii) property of public service companies determined in accordance with Article 23 of Chapter 105 of the General Statutes, and (iv) personal property.

Sec. 138.1.  (a) Funds for Small School Systems. - The State Board of Education shall allocate funds appropriated for small school system supplemental funding (i) to each county school administrative unit with an average daily membership of less than 3,000 students and (ii) to each county school administrative unit with an average daily membership of from 3,000 to 4,000 students if the county in which the local school administrative unit is located has a county adjusted property tax base per student that is below the State adjusted property tax base per student and if the total average daily membership of all local school administrative units located within the county is from 3,000 to 4,000 students.  The allocation formula shall:

(1)       Round all fractions of positions to the next whole position.

(2)       Provide four additional regular classroom teachers in counties in which the average daily membership per square mile is greater than four and six additional regular classroom teachers in counties in which the average daily membership per square mile is four or less.

(3)       Provide additional program enhancement teachers adequate to offer the standard course of study.

(4)       Change the duty-free period allocation to one teacher assistant per 400 average daily membership.

(5)       Provide a base for the consolidated funds allotment of at least one hundred fifty thousand dollars ($150,000), excluding textbooks.

(6)       Allot vocational education funds for grade 6 as well as for grades 7-12.

If funds appropriated for each fiscal year for small school system supplemental funding are not adequate to fund fully the program, the State Board of Education shall reduce the amount allocated to each county school administrative unit on a pro rata basis.  This formula is solely a basis for distribution of supplemental funding for certain county school administrative units and is not intended to reflect any measure of the adequacy of the educational program or funding for public schools.  The formula is also not intended to reflect any commitment by the General Assembly to appropriate any additional supplemental funds for such county administrative units.

(b)       Nonsupplant requirement. - A county in which a local school administrative unit receives funds under this section shall use the funds to supplement and not supplant existing State and local funding for public schools.

The Local Government Commission shall analyze the budgets and the expenditures of school administrative units that receive funds under this section in light of their budgets and expenditures for the previous year and shall determine whether those funds were used to supplement and not supplant State and local funding for public schools.  The Local Government Commission shall report the results of its study to the State Board of Education, the Joint Legislative Oversight Committee, and the Appropriations Committees of the Senate and the House of Representatives, prior to May 1, 1994 and May 1, 1995.

(c)       Definitions. - As used in this section:

(1)       "Average daily membership" means average daily membership as defined in the North Carolina Public Schools Allotment Policy Manual, adopted by the State Board of Education.

(2)       "County adjusted property tax base per student" means the total assessed property valuation for each county, adjusted using a weighted average of the three most recent annual sales assessment ratio studies, divided by the total number of students in average daily membership who reside within the county.

(3)       "Sales assessment ratio studies" means sales assessment ratio studies performed by the Department of Revenue under G.S. 105-289(h).

(4)       "State adjusted property tax base per student" means the sum of all county adjusted property tax bases divided by the total number of students in average daily membership who reside within the State.

(5)       "Weighted average of the three most recent annual sales assessment ratio studies" means the weighted average of the three most recent annual sales assessment ratio studies in the most recent years for which county current expense appropriations and adjusted property tax valuations are available.  If real property in a county has been revalued one year prior to the most recent sales assessment ratio study, a weighted average of the two most recent sales assessment ratios shall be used.  If property has been revalued the year of the most recent sales assessment ratio study, the sales assessment ratio for the year of revaluation shall be used.

(d)       Reports. - Counties that receive funds under this section shall report to the State Board of Education before March 1 each year on how they are using the funds for the fiscal year.  The State Board of Education shall report to the Joint Legislative Education Oversight Committee prior to May 1, 1994, and May 1, 1995, on how the funds are being used.

 

Requested by: Representatives Diamont, Colton, Black, Rogers, Barnes, Kuczmarski, Senators Ward, Perdue

SAFE SCHOOLS

Sec. 139. (a) Of the funds appropriated to Aid to Local School Administrative Units, the sum of two million five hundred thousand dollars ($2,500,000) for the 1993-94 fiscal year and the sum of two million five hundred thousand dollars ($2,500,000) for the 1994-95 fiscal year shall be used to provide grants for local school administrative units for locally designed innovative local programs to make schools safe for students and school employees.  These funds shall be used for grants of from fifty thousand dollars ($50,000) to one hundred thousand dollars ($100,000) per year to local school administrative units.  These funds may be used for continuing or noncontinuing expenses.

A local school administrative unit may apply for a grant, or two or three adjacent local school administrative units may apply jointly for a grant. Applicants for grants shall submit to the State Board of Education an application that includes the following information:

(1)       An assessment of local problems with regard to violence and harassment, including sexual and other forms of harassment, in the schools prepared by a local task force of educators, parents, students, community leaders, and representatives of social services and law enforcement, appointed by the local board of education.

(2)       A detailed plan for addressing these local problems, including proposed goals and anticipated outcomes, prepared after consultation with the task force.

(3)       A statement of how the grant funds would be used to address these local problems and what other resources would be used to address the problems.

(4)       A process for assessing on an annual basis the success of the local plan for addressing problems with regard to violence and harassment in the schools.

The Superintendent of Public Instruction shall appoint a State task force to assist the Superintendent in reviewing grant applications.  The State task force shall include representatives of the Department of Public Instruction, local school administrative units, educators, parents, the juvenile justice system, social services, and nongovernmental agencies providing services to children, and other members the Superintendent deems appropriate.  In reviewing grant applications, the Superintendent and the State task force shall consider the severity of the local problems with regard to violence in the schools and the likelihood that the locally designed plan will deal with the problems successfully.

The State Board of Education shall consider the recommendations of the Superintendent in selecting grant recipients.  The State Board shall also attempt to give grants to local school administrative units that are located geographically throughout the State, that have different demographic profiles, and that propose different approaches to their problems.  The State Board shall select grant recipients prior to January 1, 1994.

The Superintendent of Public Instruction shall administer the grant program and provide technical assistance to grant applicants and recipients.

The State Board of Education shall report to the Joint Legislative Education Oversight Committee prior to March 15, 1994, and prior to January 15, 1995, on how the funds are being used.

(b)       G.S. 115C-12 is amended by adding a new subdivision to read:

"(21)   Duty to Monitor Acts of School Violence. - The State Board of Education shall monitor and compile an annual report on acts of violence in the public schools.  The State Board shall adopt standard definitions for acts of school violence and shall require local boards of education to report them to the State Board in a standard format adopted by the State Board."

(c)       G.S. 115C-47 is amended by adding a new subdivision to read:

"(36)   To Report All Acts of School Violence. - Local boards of education shall report all acts of school violence to the State Board of Education in accordance with G.S. 115C-12(21)."

(d)       G.S. 115C-81 is amended by adding a new subsection to read:

"(a4)    Conflict Resolution and Mediation Models:  The State Board of Education shall develop a list of recommended conflict resolution and mediation materials, models, and curricula that address responsible decision making, the causes and effects of school violence and harassment, cultural diversity, and nonviolent methods for resolving conflict, including peer mediation and shall make the list available to local school administrative units and school buildings by the beginning of the 1994-95 school year.  In developing this list, the Board shall emphasize materials, models, and curricula that currently are being used in North Carolina and that the Board determines to be effective.  The Board shall include at least one model that includes instruction and guidance for the voluntary implementation of peer mediation programs and one model that provides instruction and guidance for teachers concerning the integration of conflict resolution and mediation lessons into the existing classroom curriculum."

 

Requested by:  Representatives Kuczmarski, Jack Hunt, Black, Rogers, Barnes, Senators Ward, Perdue

PARENTS AS TEACHERS PILOT PROGRAMS

Sec. 140.  The State Board of Education shall use funds appropriated for the Parents as Teachers Pilot Programs to implement pilot programs in the Rutherford County School Administrative Unit and the Wake County School Administrative Unit, which have been designated as national training sites for the program.  The purpose of the program shall be to send parent educators into the homes of children from birth to three years old to provide the children's parents information and training to help the children have the best possible start in life.  These funds shall be used to provide funds for direct services to children and their families in the Rutherford County School Administrative Unit and the Wake County School Administrative Unit.

The Rutherford County School Administrative Unit and the Wake County School Administrative Unit shall report to the State Board of Education and to the General Assembly on the pilot program prior to March 1, 1995.

 

Requested by: Senators Lee, Perdue, Ward, Representatives Barnes, Black, Rogers, Kuczmarski

TEACHER ACADEMY PLAN/TASK FORCE ON TEACHER STAFF DEVELOPMENT

Sec. 141.  (a) There is created in the Department of Public Instruction the Task Force on Teacher Staff Development.  The purpose of the Task Force shall be to develop a Teacher Academy Plan.  The Task Force shall consist of 20 members appointed as follows:

(1)       The Superintendent of Public Instruction or the Superintendent's designee, who shall serve as Chair;

(2)       One member of the State Board of Education appointed by the Chair of the State Board;

(3)       One member of the Board of Governors of The University of North Carolina appointed by the Chair of the Board of Governors;

(4)       The Director of the North Carolina Center for the Advancement of Teaching;

(5)       Two deans of Schools of Education appointed by the President of The University of North Carolina;

(6)       Four public school teachers appointed by the Speaker of the House of Representatives, one of whom teaches in preschool through grade 2, one of whom teaches in grades 3 through 5, one of whom teaches in grades 6 through 8, and one of whom teaches in grades 9 through 12;

(7)       Four public school teachers appointed by the President Pro Tempore of the Senate, one of whom teaches in preschool through grade 2, one of whom teaches in grades 3 through 5, one of whom teaches in grades 6 through 8, and one of whom teaches in grades 9 through 12;

(7a)     Two public school teachers appointed by the Governor;

(8)       One superintendent of a local school administrative unit appointed by the Governor;

(9)       Two public school principals appointed by the Governor; and

(10)     One member of the Teacher Training Task Force appointed by the Chair of the State Board of Education.

(b)       The Task Force shall develop for consideration by the General Assembly a Teacher Academy Plan to establish a statewide network of high quality, integrated, comprehensive, collaborative, and sustained professional development for teachers in school committee leadership and the core content areas.  The plan shall integrate fully the resources of the State and local units.

The plan shall address the following:

(1)       Efficient and effective use of existing State, federal, and local resources through an integrated, nonduplicative delivery of professional development to teachers.

(2)       Short-range and long-range plans for school-based staff development that address the professional development needs of teachers in site-based decision making, core content areas, instruction, use of modern technology, and other appropriate subjects.

(3)       Effective use of the North Carolina Center for Advancement of Teaching facility and staff in the delivery of teacher professional development, especially in the training of trainers and designing of training programs.

(4)       Training schedules and opportunities that minimize the time teachers are away from classroom instruction, especially in the training of trainers.

(5)       Development of organizational arrangements and technologies that encourage teacher networking and collaboration, and reduce the isolation of teachers.

(6)       Use of teachers as trainers and identification of candidates for training.

(7)       Effective use of the facilities and staff of The University of North Carolina and its campuses in the delivery of professional development. Geographical access to program activities should be considered with regard to the use of university and community college facilities.

(8)       Effective use of existing and planned telecommunications and long-distance learning systems for teacher staff development to limit expenditures for travel and associated costs.

(9)       Professional development that meets the unique needs of individual schools and that is sensitive to internal and external pressures, including site-based decision making, revisions to the Standard Course of Study, testing, technology, and other important State initiatives.

(10)     A proposal for the ongoing coordination of the teacher professional development activities and needs of local school administrative units, the Department of Public Instruction, The University of North Carolina, NCCAT, private colleges and universities, and teachers.

(11)     A comprehensive needs assessment based on local school-based committee surveys.

(12)     A proposal for training an initial cadre of teacher trainers and implementation of the first phase of training in the summer of 1994.

The Task Force shall consider existing professional development organizations and networks in the development of the Plan.  The Task Force shall also work in conjunction with the Teacher Training Task Force in the development of the Plan.

(c)       The Department of Public Instruction shall provide professional and clerical services to the Task Force. The Superintendent of Public Instruction, after consultation with the Task Force, may also employ consultants. The Department of Public Instruction shall also provide meeting rooms, telephones, office space, equipment, and supplies to the Task Force.

(d)       Task Force members shall receive per diem, subsistence, and travel allowances in accordance with G.S. 138-5, 138-6, or 120-3.1, as appropriate.

(e)       The Task Force shall report the Plan to the Joint Legislative Education Oversight Committee no later than March 1, 1994.

(f)        Funds are appropriated in this act to the Department of Public Instruction in the amount of three hundred thousand dollars ($300,000) for the 1993-94 fiscal year to implement the provisions of this section.  Of these funds, the sum of fifteen thousand dollars ($15,000) for the 1993-94 fiscal year shall be used to carry out the work of the Task Force on Teacher Staff Development and the sum of two hundred eighty-five thousand dollars ($285,000) for the 1993-94 fiscal year shall be used by the Department of Public Instruction to begin implementation of Teacher Academies by developing training modules in collaboration with NCCAT, training the initial cadre of teacher trainers in collaboration with NCCAT, contracting with trainers, and selecting universities or other facilities as sites for Teacher Academies for summer training in 1994.  In carrying out its responsibilities under this subsection, the Department of Public Instruction shall consider the work of the Task Force on Teacher Staff Development.

(g)       The Task Force on Teacher Staff Development shall expire July 1, 1995.

 

Requested by:  Representatives Barnes, Black, Rogers, Kuczmarski, Nesbitt, Diamont, Senators Ward, Perdue

EXPAND NCCAT SERVICES

Sec. 142.  Funds in the amount of two hundred thousand dollars ($200,000) for the 1993-94 fiscal year and two hundred thousand dollars ($200,000) for the 1994-95 fiscal year that are appropriated to the Board of Governors of The University of North Carolina Reserve for University Operations shall be allocated to the North Carolina Center for the Advancement of Teaching at Western Carolina University (NCCAT) to be used to train teacher trainers, expand NCCAT services to areas that are not located near the Center, and to conduct pilot programs at five local school administrative units.

The purpose of the pilot programs shall be to help local school administrative units develop professional development programs to solve the needs that have been identified by school-based committees.  The pilot units shall be geographically and socioeconomically diverse and shall represent both urban and rural areas and large and small average daily membership.

The NCCAT program shall conduct clinical research at the five pilot units to evaluate the effectiveness at the unit, school building, and individual level of the NCCAT program design on the implementation of staff development plans.

 

Requested by:  Representatives Barnes, Black, Rogers, Kuczmarski, Senators Ward, Perdue

STAFF DEVELOPMENT FUNDS

Sec. 143.  Of the funds appropriated to Aid for Local School Administrative Units for staff development for teachers, the sum of two million dollars ($2,000,000) for the 1993-94 fiscal year shall be used to pay stipends to certified instructional personnel who participate in staff development activities on days outside of the 200-day school calendar.  The stipend shall be for ten dollars ($10.00) per eligible hour, with a maximum of sixty dollars ($60.00) per day.  To qualify for the payment of the stipend, the staff development activities shall be approved in advance by the employee's principal or supervisor.

 

Requested by:  Representative DeVane

SCOTLAND COUNTY SCHOOL PAY DATE CHANGED

Sec. 143.1.  Notwithstanding the provisions of G.S. 115C-302(a), G.S. 115C-316(a), or any other provision of law, all 10-month employees of the Scotland County Schools except for school bus drivers, who are paid on a monthly basis, shall be paid on the fifteenth day of each month.  Nothing in this section shall have the effect of changing the rate of pay for any employee of Scotland County Schools.

This section shall not be construed to authorize prepayment of any employees by the Scotland County Board of Education.

 

Requested by:  Representative Redwine

BRUNSWICK COUNTY SCHOOL PAY DATE CHANGED

Sec. 144.  Notwithstanding the provisions of G.S. 115C-302(a), G.S. 115C-316(a), or any other provision of law, all 10-month contract teachers and all 10-month employees of the Brunswick County Schools, who are paid on a monthly basis, shall be paid on the fifteenth day of each month.  Nothing in this section shall have the effect of changing the rate of pay for any employee of Brunswick County Schools.

This section shall not be construed to authorize prepayment of any employees by the Brunswick County Board of Education.

 

Requested by:  Senators Perdue, Ward, Representatives Black, Rogers, Barnes, Kuczmarski

STUDY OF GPAC RECOMMENDATIONS REGARDING REORGANIZATIONS OF STATE EDUCATION AGENCIES

Sec. 144.1.  The Joint Legislative Commission on Governmental Operations may review the implementation of the recommendations of the Government Performance Audit Committee regarding the reorganization of State education agencies.  The Commission may consider the extent to which the recommendations of the Government Performance Audit Committee are being implemented, and what additional actions, if any, should be taken to implement these recommendations.

If the Joint Legislative Commission on Governmental Operations undertakes this review, the Commission shall report the results of the review to the General Assembly.

 

Requested by: Representatives Wright, Barnes, Senators Perdue, Ward

LOCAL SCHOOL IMPROVEMENT PLANS

Sec. 144.2. (a) G.S. 115C-238.1 reads as rewritten:

" 115C-238.1.  Performance-based Accountability Program; development and implementation by State Board.

The General Assembly believes that all children can learn. It is the intent of the General Assembly that the mission of the public school community is to challenge with high expectations each child to learn, to achieve, and to fulfill his or her potential. With that mission as its guide, the State Board of Education shall develop and implement a Performance-based Accountability Program. The primary goal of the Program shall be to improve student performance. The State Board of Education shall adopt:

(1)       Procedures and guidelines through which, beginning with the 1990-91 fiscal year, local school administrative units may participate in the Program;

(2)       Guidelines for developing local school improvement plans with three-year student performance goals and annual milestones to measure progress in meeting those goals; and

(3)       A set of student performance indicators for measuring and assessing student performance in the participating local school administrative units. These indicators may shall include attendance rates, dropout rates, test scores, parent involvement, and post-secondary outcomes. outcomes; and

(4)       Guidelines for school performance indicators for measuring and assessing school performance in the participating local school administrative units. These indicators shall concern how to gauge community involvement, parent involvement, professional development of teachers, and the school climate with regard to the safety of students and employees and the use of positive discipline.  These indicators shall not rely predominantly on test scores."

(b)       G.S. 115C-238.3, as rewritten by Chapter 38 of the 1993 Session Laws and Chapter 263 of the 1993 Session Laws, reads as rewritten:

" 115C-238.3.  Development of local plans; elements of local plans.

(a)       Development of systemwide plan by the local board of education. - The board of education of a local school administrative unit that elects to participate in the Program shall develop and submit a local school improvement plan for the entire local school administrative unit to the State Superintendent of Public Instruction before April 15 of the fiscal year preceding the fiscal year in which participation is sought.

A systemwide improvement plan shall remain in effect for no more than three years.

(b)       Establishment of student performance goals and a systemwide staff development plan by the local board of education for the systemwide plan. - The local board of education shall establish student performance goals and a systemwide staff development plan for the local school administrative unit. unit for inclusion in the systemwide plan. The local board of education shall actively involve an advisory panel composed of a substantial number of teachers, school administrators, other school staff, and parents of children enrolled in the local school administrative unit, in developing the student performance goals for the local school improvement plan. Parents serving on advisory panels shall not be employees of the school unit and shall reflect the racial and socioeconomic composition of the students enrolled in the local school administrative unit.  The advisory panel shall ensure substantial parent participation.  It is the intent of the General Assembly that teachers have a major role in developing the student performance goals for the local school improvement plan; therefore, at least half of the staff members participating in this advisory panel shall be teachers. The teachers Every teacher in the local school administrative unit shall select the teachers who are involved in the advisory panel. have an opportunity to elect by secret ballot the teachers who are involved in the advisory panel.

The performance goals for the local school administrative unit shall address specific, measurable goals for all student and school performance indicators adopted by the State Board. Factors that determine gains in achievement vary from school to school; therefore, socioeconomic factors and previous student performance indicators shall be used as the basis of the local school improvement plan.

The systemwide staff development plan shall be consistent with the systemwide goals and shall include a component to accommodate the staff development needs at the building level as expressed in each building's improvement plan.  In designing this component of the systemwide staff development plan, direct allocation of a needed portion of the staff development funds to the building level shall be given first priority.  Each school building shall have the flexibility to combine its staff development allocation with other schools in the local school administrative unit when the staff development needs of those schools are substantially similar as expressed in their approved building-level plans.

(b1)     Development by each school of strategies for attaining local student performance goals. - The principal of each school, representatives of the building-level staff, and parents of children enrolled in the school shall develop a building-level plan to address student performance goals appropriate to that school from those established by the local board of education. Parents serving on building-level committees shall reflect the racial and socioeconomic composition of the students enrolled in that school and shall not be members of the building-level staff.  Parental involvement is a critical component of school success and positive student outcomes; therefore, it is the intent of the General Assembly that parents, along with teachers, have a substantial role in developing student performance goals at the building level.  To this end, building-level advisory board meetings shall be held at a convenient time to assure substantial parent participation.  These The strategies for attaining local school performance goals shall include a plan for the use of staff development funds that may be made available to the school by the local board of education to implement the building-level plan.  These strategies may also include requests for waivers of State laws, regulations, or policies for that school. A request for a waiver shall (i) identify the State laws, regulations, or policies that inhibit the local unit's ability to reach its local accountability goals, (ii) set out with specificity the circumstances under which the waiver may be used, and (iii) explain how a waiver of those laws, regulations, or policies will permit the local unit to reach its local goals.

Support among affected staff members is essential to successful implementation of a building-level plan to address student performance goals appropriate to a school; therefore, the principal of the school shall present the proposed building-level plan to all of the staff assigned to the school building for their review and vote. The vote shall be by secret ballot. The principal may submit the building-level plan to the local board of education for inclusion in the systemwide plan only if the proposed building-level plan has the approval of a majority of the staff who voted on the plan.

The local board of education shall accept or reject the building-level plan.  The local board shall not make any substantive changes in any building-level plan that it accepts; the local board shall set out any building-level plan that it accepts in the systemwide plan. If the local board rejects a building-level plan, the local board shall state with specificity its reasons for rejecting the plan; the principal of the school for which the plan was rejected, representatives of the building-level staff, and parents of children enrolled in the school may then prepare another plan, present it to the building-level staff for a vote, and submit it to the local board for inclusion in the systemwide plan. If no building-level plan is accepted for a school before March 15 of the fiscal year preceding the fiscal year in which participation is sought, the local board may develop a plan for the school for inclusion in the systemwide plan; the General Assembly urges the local board to utilize the proposed building-level plan to the maximum extent possible when developing such a plan.

(b2)     Waivers concerning central office staffstaff. - A local board of education may request waivers of State laws, regulations, or policies which are included in the building plans described in subsection (b1) of this section, and it may also request waivers which affect the organization, duties, and assignment of central office staff only. Provided, none of the duties to be performed pursuant to G.S. 115C-436 may be waived.  A request for a waiver shall (i) identify the State laws, regulations, or policies that inhibit the local unit's ability to reach its local accountability goals, (ii) set out with specificity the circumstances under which the waiver may be used, and (iii) explain how a waiver of those laws, regulations, or policies will permit the local unit to reach its local goals.

(c)       Development by each school of a differentiated pay plan for that school; development by the local board of education of a differentiated pay plan for central office personnel. -

(1)       The local school administrative unit shall consider a plan for differentiated pay. The local plan shall include a plan for differentiated pay, in accordance with G.S. 115C-238.4, unless the local school administrative unit elects not to participate in any differentiated pay plan.

(2)       The principal of each school, representatives of the building-level staff, and parents of children enrolled in the school shall develop a building-level differentiated pay plan for the school when they develop their building-level plan to address student performance goals appropriate to the school.  By October 1 of each year, the principal shall disclose to all affected personnel the total allocation of funds for differentiated pay.  At the end of the fiscal year, the principal shall make available to all affected personnel a report of all disbursement from the building-level differentiated pay plan.

Support among affected staff members is essential to successful implementation of a building-level differentiated pay plan; therefore, the principal of the school shall present the proposed building-level plan to all of the staff assigned to the school building for their review and vote.  The vote shall be by secret ballot.  The principal may submit the building-level differentiated pay plan to the local board of education only if the proposed building-level differentiated pay plan has the approval of a majority of the staff who voted on the plan.

The local board of education shall accept or reject the building-level differentiated pay plan.  The local board shall not make any substantive changes in any building-level plan that it accepts; the local board shall set out any building-level plan that it accepts in the systemwide differentiated pay plan.  If the local board rejects a building-level plan, the local board shall state with specificity its reasons for rejecting the plan; the principal of the school for which the plan was rejected, representatives of the building-level staff, and parents of children enrolled in the school may then prepare another plan, present it to all of the staff eligible to receive differentiated pay, in accordance with G.S. 115C-238.4(a), for a vote, and submit it to the local board for inclusion in the systemwide plan. If no building-level plan is accepted for a school before March 15 of the fiscal year preceding the fiscal year in which participation is sought, the local board may develop a plan for the school building for inclusion in the systemwide plan; the General Assembly urges the local board to utilize the proposed building-level plan to the maximum extent possible when developing such a plan.

(3)       The local board of education shall develop a plan for differentiated pay for all classes of personnel assigned to the central office that the local board determines are participants in the development or implementation of the local school improvement plan, and shall include the plan in the systemwide differentiated pay plan.

(4)       A systemwide differentiated pay plan shall remain in effect for no more than three years. At the end of three years, a plan to continue, discontinue, or modify that differentiated pay plan shall be developed in accordance with subdivisions (2) and (3) of this subsection.

(d)       Repealed by Session Laws 1991 (Regular Session, 1992), c. 900, s. 75.1(b), effective July 8, 1992."

(c)       Part 4 of Article 16 of Chapter 115C of the General Statutes is amended by adding a new section to read:

" 115C-238.6A.  Distribution of staff development funds.

Any funds the local board of education makes available to an individual school building to implement the local school improvement plan shall be used in accordance with the building-level plan set out in the systemwide plan.

By October 1 of each year, the principal shall disclose to all affected personnel the total allocation of all funds available to the school for staff development and the superintendent shall disclose to all affected personnel the total allocation of all funds available at the system level for staff development.  At the end of the fiscal year, the principal shall make available to all affected personnel a report of all disbursements from the building-level staff development funds, and the superintendent shall make available to all affected personnel a report of all disbursements at the system level of staff development funds."

(d)       G.S. 115C-238.7(a) reads as rewritten:

"(a)      There is created the Task Force on Site-Based Management within the Department of Public Instruction.

The Task Force shall be composed of 15 21 members appointed as follows:

(1)       The Superintendent of Public Instruction;

(2)       One member of the State Board of Education appointed by the State Board of Education;

(3)       Two members of the Senate appointed by the President Pro Tempore of the Senate;

(4)       Two members of the House of Representatives appointed by the Speaker of the House of Representatives;

(5)       One member of a local board of education appointed by the President Pro Tempore of the Senate after receiving recommendations from The North Carolina State School Boards Association, Inc.;

(6)       One member of a local board of education appointed by the Speaker of the House of Representatives after receiving recommendations from The North Carolina State School Boards Association, Inc.;

(7)       One local school superintendent appointed by the President Pro Tempore of the Senate after receiving recommendations from the North Carolina Association of School Administrators;

(8)       One local school superintendent appointed by the Speaker of the House of Representatives after receiving recommendations from the North Carolina Association of School Administrators;

(9)       One school principal appointed by the President Pro Tempore of the Senate after receiving recommendations from the Tar Heel Association of Principals/Assistant Principals and the Division of Administrators of the North Carolina Association of Educators;

(10)     One school principal appointed by the Speaker of the House of Representatives after receiving recommendations from the Tar Heel Association of Principals/Assistant Principals and the Division of Administrators of the North Carolina Association of Educators;

(11)     One school teacher appointed by the President Pro Tempore of the Senate after receiving recommendations from the North Carolina Association of Educators, Inc., the North Carolina Federation of Teachers, and the Professional Educators of North Carolina, Inc.;

(12)     One school teacher appointed by the Speaker of the House of Representatives after receiving recommendations from the North Carolina Association of Educators, Inc., the North Carolina Federation of Teachers, and the Professional Educators of North Carolina, Inc.; and

(13)     The Director of the Task Force on Site-Based Management, appointed by the Superintendent of Public Instruction in accordance with subsection (d) of this section. section;

(14)     One parent of a public school child appointed by the Superintendent of Public Instruction;

(15)     Two at-large members appointed by the Superintendent of Public Instruction;

(16)     One representative of business and industry appointed by the Governor;

(17)     One representative of institutions of higher education appointed by the Board of Governors of The University of North Carolina; and

(18)     One county commissioner appointed by the Superintendent of Public Instruction after receiving recommendations from the North Carolina Association of County Commissioners.

Members of the Task Force shall serve for two-year terms.

All members of the Task Force shall be voting members. Vacancies in the appointed membership shall be filled by the officer who made the initial appointment. The Director of the Task Force on Site-Based Management shall serve as chair of the Task Force.

Members of the Task Force shall receive travel and subsistence expenses in accordance with the provisions of G.S. 120-3.1, G.S. 138-5, and G.S. 138-6."

(e)       G.S. 115C-21.1(b) reads as rewritten:

"(b)      The Department of Public Instruction shall monitor and provide a report to the General Assembly by May 1, 1991, and annually thereafter showing the school units that have been granted class size waivers pursuant to G.S. 115C-238.3(d)115C-238.6(a), have reported class size exceptions, and have converted State-funded teacher positions to other positions, dollars, or other expenditures."

(f)        Members appointed to the Site-Based Management Task Force in accordance with subsection (d) of this section shall serve until September 1, 1994, and shall be eligible for reappointment. Successive appointments shall be for two-year terms.

(g)       The State Board of Education shall report to the Joint Legislative Education Oversight Committee on the guidelines for indicators of school performance adopted in accordance with subsection (a) of this section no later than February 1, 1994. School performance indicators shall be addressed in local school improvement plans modified or adopted after March 15, 1994.

(h)       Subsections (b) and (c) of this section shall apply to local school improvement plans in effect on and after July 1, 1994.

 

Requested by:  Senators Lee, Ward, Daniel, Plyler, Representatives Black, Rogers, McAllister, McLaughlin, Diamont, Nesbitt

DRIVER EDUCATION STUDY

Sec. 144.3. The Legislative Research Commission shall study the driver education program offered by the public schools.  The study shall consider:

(1)       The efficiency of the program and the impact on the efficiency of the program of the 1991 statutory changes allowing local boards of education to contract with public or private entities to provide driver education;

(2)       The impact on parents and students, especially in rural areas, of the State Board of Education rule requiring that driver education be offered outside of the regular instructional day; and

(3)       The overall cost of the program and the projected five-year cost of the program.

The Commission shall report the results of its study by April 15, 1994.

 

PART 18.  DEPARTMENT OF TRANSPORTATION

 

Requested by:  Senators Albertson, Lee, Kaplan, Sherron, Representatives McAllister, McLaughlin, Lemmond

PERMANENT HOURLY WORKER STATUS

Sec. 145.  (a) The Department of Transportation shall begin converting all existing permanent hourly Highway Maintenance Worker positions to permanent full-time Highway Maintenance Worker status effective July 1, 1993.  All current permanent hourly employees shall be evaluated between July 1, 1993, and December 31, 1993, and those receiving satisfactory ratings shall be placed in a permanent Highway Maintenance Worker position as they become available.  The Department shall cease hiring permanent hourly workers on July 1, 1993, and complete conversion of permanent hourly workers to permanent status by January 1, 1994.

(b)       G.S. 126-5(c4) is repealed.  This subsection becomes effective January 1, 1994.

 

Requested by:  Senator Lee, Representatives McAllister, McLaughlin

REPEAL ADDITIONAL FUNDS TO DIVISION OF MOTOR VEHICLES

Sec. 146.  G.S. 20-97(c) is repealed.

 

Requested by:  Senator Lee, Representatives McAllister, McLaughlin

RENAME NORTH CAROLINA ELDERLY AND HANDICAPPED TRANSPORTATION ASSISTANCE PROGRAM

Sec. 147.  G.S. 136-44.27 reads as rewritten:

" 136-44.27.  North Carolina Elderly and Handicapped Disabled Transportation Assistance Program.

(a)       There is established the Elderly and Handicapped Disabled Transportation Assistance Program that shall provide State financed elderly and handicapped disabled transportation services for counties within the State.  The Department of Transportation is designated as the agency of the State responsible for administering State funds appropriated to purchase elderly and handicapped disabled transportation services for counties within the State.  The Department shall develop appropriate procedures regarding the distribution and use of these funds and shall adopt rules to implement these procedures.  No funds appropriated pursuant to this act may be used to cover State administration costs.

(b)       For the purposes of this section, an elderly person is defined as one who has reached the age of 60 or more years, and a handicapped disabled person is defined as one who has a physical or mental impairment that substantially limits one or more major life activities, an individual who has a record of such impairment, or an individual who is regarded as having such an impairment.  Certification of eligibility shall be the responsibility of the county.

(c)       All funds distributed by the Department under this section are intended to purchase additional transportation services, not to replace funds now being used by local governments for that purpose.  These funds are not to be used towards the purchase of transportation vehicles or equipment.  To this end, only those counties maintaining elderly and handicapped disabled transportation services at a level consistent with those in place on January 1, 1987, shall be eligible for additional transportation assistance funds.

(d)       The Public Transportation Division of the Department of Transportation shall distribute these funds to the counties according to the following formula:  fifty percent (50%) divided equally among all counties; twenty-two and one-half percent (22 1/2%) based upon the number of elderly residents per county as a percentage of the State's elderly population; twenty-two and one-half percent (22 1/2%) based upon the number of handicapped disabled residents per county as a percentage of the State's handicapped disabled population; and, the remaining five percent (5%) based upon a population density factor that recognizes the higher transportation costs in sparsely populated counties.

(e)       Funds distributed by the Department under this section shall be used by counties in a manner consistent with transportation development plans which have been approved by the Department and the Board of County Commissioners.  To receive funds apportioned for a given fiscal year, a county shall have an approved transportation development plan.  Funds that are not obligated in a given fiscal year due to the lack of such a plan will be distributed to the eligible counties based upon the distribution formula prescribed by subsection (d) of this section."

 

Requested by:  Senators Lee, Kaplan, Sherron, Representatives McAllister, McLaughlin, Lemmond

SMALL URBAN CONSTRUCTION PROGRAM FUNDS

Sec. 148.  Of the funds appropriated in this act to the Department of Transportation, the sum of twenty million dollars ($20,000,000) shall be allocated in each fiscal year of the biennium for small urban construction projects.  Fourteen million dollars ($14,000,000) of these funds shall be allocated equally in each fiscal year of the biennium among the 14 Highway Divisions for the Small Urban Construction Program for small urban construction projects that are located within the area covered by a one-mile radius of the municipal corporate limits.  The remaining six million dollars ($6,000,000) shall be used statewide for rural or small urban highway improvements as approved by the Secretary of the Department of Transportation.

None of these funds used for rural secondary road construction are subject to the county allocation formula as provided in G.S. 136-44.5.

The Department of Transportation shall report to the members of the General Assembly on projects funded pursuant to this section in each member's district prior to the Board of Transportation's action.  The Department shall make a quarterly comprehensive report on the use of these funds to the Joint Legislative Highway Oversight Committee and the Fiscal Research Division.

 

Requested by:  Senator Lee, Representatives McAllister, McLaughlin

IMPLEMENTING SELECTED GPAC RECOMMENDATIONS

Sec. 149.  (a) The Department of Transportation shall centralize the monitoring and reporting of data related to small and minority business development firms and civil rights-related matters, and reorganize the Department so that functions related to these activities will be integrated into and institutionalized under the Division of Highways.  The Department will comply with this section by July 1, 1993.  The Department shall report to the Joint Legislative Highway Oversight Committee by October 1, 1993, on the reorganization of civil rights-related functions within the Department.

(b)       The Secretary of the Department of Transportation shall submit to the General Assembly and the Joint Legislative Highway Oversight Committee, on or before September 1, 1993, a plan to consolidate part-time driver licensing offices across the State to increase productivity.  The plan shall consider the number of applications processed per day by examiners, the number of full-time and part-time offices located in each county, the proximity of offices in each county to one another, population served, costs to support part-time offices, and any other criteria the Secretary deems warranted.  The plan shall also document cost savings by office and the estimated increase in productivity due to consolidations.  The Secretary of the Department of Transportation shall further notify the Joint Legislative Highway Oversight Committee on or before April 1, 1994, of the amount of funds by which the Division of Motor Vehicles' 1994-95 appropriation can be reduced due to consolidation of driver licensing offices.

(c)       The Secretary of the Department of Transportation shall submit a plan to the Joint Legislative Highway Oversight Committee not later than November 1, 1993, outlining steps the Department plans to take to enhance efficiency of the Vehicle Registration Process.

(d)(1)  The General Assembly finds that the Department of Transportation is currently seeking funding for 298 more staff positions in its preconstruction units during the next 15 years to handle the work load from the Highway Trust Fund.  The majority of these positions are to be filled during the next four years in the Highway Design and Planning Branch and the Environmental Branches.

The use of private engineering firms to handle peak work load requirements is a well-founded strategy for avoiding the public-sector problems of staffing up and down for varying work loads.

The Department of Transportation is currently contracting out twenty percent (20%) to twenty-five percent (25%) of preconstruction work to private engineering firms.  If outside contract forces were used to address the preconstruction work load associated with the additional 298 positions, then the level of preconstruction work contracted out would rise to about thirty-two percent (32%) to thirty-six percent (36%).

This increase in contracting out work load, from twenty percent (20%) to twenty-five percent (25%), to thirty-two percent (32%) to thirty-six percent (36%) would be a reasonable level of increase because the Highway Trust Fund represents a seventy-eight percent (78%) increase in the pre-1989 preconstruction work load of the Department.

(2)       The Secretary of Transportation shall submit a plan to the Joint Legislative Highway Oversight Committee, by September 1, 1993, to implement the recommendation in subdivision (1) of this subsection to freeze preconstruction positions and contract out the balance of its preconstruction work to private engineering firms.

(e)(1)  The General Assembly finds that the Department of Transportation's ongoing strategy to increasingly rely on the use of private engineering firms to perform surveys, process control, and construction engineering and inspection functions should be continued.

With the Highway Trust Fund program entering a phase of expanded construction activity, having completed a number of project plans, the Department will need to further leverage its in-house construction staff to meet the requirements of the program.

(2)       The increased use of outside contract forces to perform quality control and quality assurance functions will require continued Department of Transportation construction staff involvement in project oversight and verification, careful selection of vendors, and rigorous contract administration of these projects.  The level of this outside contracting should be based on the following considerations:

a.         Focus outside contract activity on the peak load requirements of the Highway Trust Fund construction program;

b.         Retain sufficient in-house capability to address the base load requirements of the Highway Trust Fund construction program and properly administer the outside construction engineering and inspection-related contracts; and

c.         Select contractors with significant experience in performing construction engineering and inspection for major road and bridge projects and familiarity with Department of Transportation engineering standards and construction specifications.

(3)       By using private engineering firms to handle more of the Highway Trust Fund program construction work load, the Department of Transportation can reduce the number of new in-house staff required to support the construction portion of the program.

(4)       The Secretary of Transportation shall report to the Joint Legislative Highway Oversight Committee, no later than September 1, 1993, a plan meeting the construction needs of the Highway Trust Fund program with a minimum of new construction staff in the Department of Transportation and increasing the use of outside contract forces while meeting the criteria in subdivisions (1) through (3) of this subsection.

(f)(1)  The General Assembly finds that the Equipment Sections of the 14 highway divisions perform maintenance and repair functions for all Department of Transportation equipment, except for sedans which are maintained through the Department of Administration.  Each division has between five and 10 garages, including one major division garage.  In some cases, two-person garages continue to operate in certain rural areas of the State, where the distance between garages is fairly large (40 to 50 miles).  In addition, there are local county garages colocated near the division garages.  These latter garages represent a potential opportunity for consolidation, to reduce the overall number of garage facilities maintained by the Department of Transportation.

(2)       The Department of Transportation shall develop a plan to consolidate the equipment section resources associated with the 14 division garages and those 14 Department county garages located nearby for submission to the Joint Legislative Highway Oversight Committee by February 1, 1994.

(g)(1)  The General Assembly finds that Division Traffic Services units are variously organized, with some units having all field forces reporting to the Division Traffic Services Supervisor and others having signal-related forces assigned to the Assistant Division Traffic Engineer in a Traffic Control Technical Services unit.  The latter arrangement provides a better balance of technical and nontechnical traffic services personnel among the middle management positions within this unit, resulting in a more equitable span of control among these supervisory personnel.  This alignment recognizes the increasingly technical aspects of traffic signal planning and implementation, while also providing for a more balanced distribution of Traffic Services staff among the Traffic Services supervisors.

(2)       The Secretary of Transportation shall realign the Traffic Services sections of the 14 Traffic Divisions so that the signal/traffic control personnel report to the Assistant Traffic Engineer and pavement markings/signs personnel report to the Traffic Services Supervisor.

(h)(1)  The General Assembly finds that the overall level of staffing for the Department of Transportation should be based on:

a.         The determination of resources needed to provide an acceptable level of service, accomplish the annual maintenance program efficiently, and erase the existing maintenance backlog; and

b.         The determination of the most appropriate mix of contract and in-house resources.

As the maintenance work load has increased, the Department of Transportation has been able to handle a portion of the increased work through contracting.  The Department of Transportation can make additional use of private contractors.

(2)       The Department of Transportation shall report to the Joint Legislative Highway Oversight Committee, on or before November 1, 1993, a plan on maintenance staffing and on ways to increase efficiency within the maintenance work force.  The plan may include:

a.         The continued contracting out of construction activities, as well as those maintenance functions, such as mowing, roadside rest area maintenance, building maintenance, signal installation, and signal maintenance, that it currently contracts;

b.         The contracting out of all of the Secondary Road Construction program and free up the in-house maintenance staff now performing this function to concentrate on backlogged and expanding maintenance needs; and

c.         Expanding the Department's efforts to contract out maintenance functions, by increasing the proportion of contracted work in such areas as:  ditch cleaning, landscaping, and bituminous surface treatment resurfacing.

 

Requested by:  Senator Lee, Representatives McAllister, McLaughlin

EQUIPMENT FUND TRANSFER

Sec. 150.  The Department of Transportation's Equipment Fund shall pay to the Highway Fund the sum of ten million dollars ($10,000,000) for the 1993-94 fiscal year.

 

Requested by:  Senator Lee, Representatives McAllister, McLaughlin

DEPARTMENT OF TRANSPORTATION TO REPORT ON BILLBOARD FEES

Sec. 151.  The Department of Transportation shall report to the Joint Legislative Highway Oversight Committee on or before October 1, 1993, concerning billboard fees.  The Department shall report on the fees currently collected and the amounts of fees that would be needed to fund the administration of the billboard program.

 

Requested by:  Senator Lee, Representatives McAllister, McLaughlin

DIVISION OF MOTOR VEHICLES TO REPORT ON PERSONNEL EFFECTS OF NEW COMPUTER SYSTEM

Sec. 152.  The Secretary of Transportation shall report to the Joint Legislative Highway Oversight Committee, on or before October 1, 1993, on the plans for reducing staffing and costs during the 1994-95 fiscal year as a result of the implementation of the new computer systems for Drivers Licensing and Vehicle Registration.  The report shall also contain an update on the status of completion of the implementation of the new computer systems as of the date of the report.

 

Requested by:  Senator Lee, Representatives McAllister, McLaughlin

MODIFY AVIATION APPROPRIATION

Sec. 153.  (a) G.S. 136-16.4 reads as rewritten:

" 136-16.4.  Continuing aviation appropriations.

There is annually appropriated, beginning with the 1987-88 fiscal year, appropriated from the General Fund to the Department of Transportation for aviation purposes, a sum equal to the estimated revenue derived from the State's sales and use taxes (exclusive of refunds, penalties, and interest) collected and received on sales made on and after the first day of the fiscal year representing sales and use taxes  on aircraft, aircraft parts, accessories, lubricants and aviation fuel. the sum of eight million four hundred thousand dollars ($8,400,000) for fiscal year 1993-94 and the sum of eight million nine hundred thousand dollars ($8,900,000) for fiscal year 1994-95.  Each subsequent fiscal year, there is appropriated from the General Fund to the Department of Transportation the amount appropriated by this section to the Department of Transportation for the preceding fiscal year, plus or minus the percentage of the amount by which the collection of State sales and use taxes increased or decreased during the preceding fiscal year.  The Department of Transportation may use funds appropriated under this section only for aviation purposes."

(b)       This section becomes effective July 1, 1993.

 

Requested by:  Senator Lee, Representatives McAllister, McLaughlin

DEPARTMENT OF TRANSPORTATION TO REPORT ON THE USE OF INMATE LABOR

Sec. 154.  The Department of Transportation shall report to the Joint Legislative Highway Oversight Committee, on or before October 1, 1993, on the use of minimum and medium custody inmates.  The report shall detail:

(1)       The requirements placed on the Department by G.S. 148-26, the State policy on the employment of prisoners.

(2)       Whether the use of inmate labor is cost-effective.

(3)       Whether the cost-sharing arrangement with the Department of Correction is equitable with respect to the contributions from the Department of Transportation and the Highway Fund.

(4)       A cost-effective analysis comparing the cost and productivity of using inmate labor versus using temporary highway maintenance workers.

 

Requested by:  Senator Lee, Representatives McAllister, McLaughlin

BRANCH AGENT TRANSACTION RATE

Sec. 155.  The Division of Motor Vehicles of the Department of Transportation shall compensate a contractor with whom it has a contract under G.S. 20-63(h) at the rate of ninety-two cents (92) for each transaction performed in accordance with the requirements set by the Division.  A transaction is any of the following activities:

(1)       Issuance of a registration plate, a registration card, a registration renewal sticker, or a certificate of title.

(2)       Issuance of a handicapped placard or handicapped identification card.

(3)       Acceptance of an application for a personalized registration plate.

(4)       Acceptance of a surrendered registration plate, registration card, or registration renewal sticker, or acceptance of an affidavit stating why a person cannot surrender a registration plate, registration card, or registration renewal sticker.

(5)       Cancellation of a title because the vehicle has been junked.

(6)       Acceptance of an application for, or issuance of, a refund for a fee or a tax, other than the highway use tax.

(7)       Receipt of the civil penalty imposed by G.S. 20-309 for a lapse in financial responsibility or receipt of the restoration fee imposed by that statute.

(8)       Acceptance of a notice of failure to maintain financial responsibility for a motor vehicle.

(9)       Collection of the highway use tax.

Performance at the same time of any combination of the items that are listed within each subdivision or are listed within subdivisions (1) through (8) of this section is a single transaction.  Performance of the item listed in subdivision (9) of this section in combination with any other items listed in this section is a separate transaction.

 

Requested by:  Senator Lee, Representatives McAllister, McLaughlin

HIGHWAY FUND ALLOCATIONS BY CONTROLLER

Sec. 156.  The Controller of the Department of Transportation shall allocate at the beginning of each fiscal year from the various appropriations made to the Department of Transportation in this act, Titles:

State Construction

State Funds to Match Federal Highway Aid

State Maintenance

Ferry Operations,

sufficient funds to eliminate all overdrafts on State maintenance and construction projects, and these allocations may not be diverted to other purposes.

 

Requested by:  Senator Lee, Representatives McAllister, McLaughlin

CASH FLOW HIGHWAY FUND AND HIGHWAY TRUST FUND APPROPRIATIONS

Sec. 157.  (a) The General Assembly authorizes and certifies anticipated revenues of the Highway Fund as follows:

For Fiscal Year 1995-96            $969,300,000

For Fiscal Year 1996-97            $979,400,000.

(b)       The General Assembly authorizes and certifies anticipated revenues of the Highway Trust Fund as follows:

For Fiscal Year 1995-96            $578,200,000

For Fiscal Year 1996-97            $590,200,000.

 

Requested by:  Senator Lee, Representatives McAllister, McLaughlin

HIGHWAY FUND LIMITATIONS ON OVEREXPENDITURES

Sec. 158.  (a) Overexpenditures from Section 4 of this act may be made by authorization of the Director of the Budget, Titles:

State Construction Primary Construction

State Construction Urban Construction

State Construction Access and Public Service Roads

State Funds to Match Federal Highway Aid

State Maintenance

Ferry Operations,

provided that there are corresponding underexpenditures from these same Titles.  Overexpenditures or underexpenditures in any Titles may not vary by more than ten percent (10%) without prior consultation with the Advisory Budget Commission.  Written reports covering overexpenditures or underexpenditures of more than ten percent (10%) shall be made to the Joint Legislative Highway Oversight Committee.  The reports shall be delivered to the Director of the Fiscal Research Division not less than 96 hours prior to the beginning of the Committee's full meeting.

(b)       Overexpenditures from Section 4 of this act, Titles:

State Construction Primary Construction

State Construction Urban Construction

State Construction Access and Public Service Roads

State Funds to Match Federal Highway Aid

State Maintenance

Ferry Operations,

for the purpose of providing additional positions shall be approved by the Director of the Budget and shall be reported on a quarterly basis to the Joint Legislative Highway Oversight Committee and to the Fiscal Research Division.

 

Requested by:  Senator Lee, Representatives McAllister, McLaughlin

RESURFACED ROADS MAY BE WIDENED

Sec. 159.  Of the contract maintenance resurfacing program funds appropriated in this act to the Department of Transportation, an amount not to exceed fifteen percent (15%) of the Board of Transportation's allocation of these funds may be used for widening existing narrow pavements that are scheduled for resurfacing.  The Department of Transportation shall report on the use of these funds to the Joint Legislative Highway Oversight Committee and the Fiscal Research Division by May 15, 1994.

 

Requested by:  Senator Lee, Representatives McAllister, McLaughlin

HIGHWAY FUND ADJUSTMENTS TO REFLECT ACTUAL REVENUE

Sec. 160.  Any unreserved credit balance in the Highway Fund on June 30 of each of the fiscal years of this biennium shall support appropriations in the succeeding fiscal year.  If all of the balance is not needed for these appropriations, the Director of the Budget may use the remaining excess to establish a reserve for access and public roads, a reserve for unforeseen happening of a state of affairs requiring prompt action as provided by G.S. 136-44.1, and other required reserves.  Actual revenue in excess of estimated revenue shall be placed in the reserve for highway maintenance.  If all of the remaining excess is not used to establish these reserves, the remainder shall be allocated to the State-funded maintenance appropriations in the manner approved by the Board of Transportation.  The Board of Transportation shall report monthly to the Joint Legislative Highway Oversight Committee and the Fiscal Research Division about the use of the reserve for highway maintenance.

 

Requested by:  Senator Lee, Representatives McAllister, McLaughlin

DEPARTMENT OF TRANSPORTATION TO PAY COMPENSATION OF ATTORNEYS ASSIGNED TO MOTOR VEHICLES DIVISION BY THE ATTORNEY GENERAL

Sec. 161.  The Department of Transportation shall pay the compensation, including salaries and benefits, of the attorneys assigned to the Division of Motor Vehicles by the Attorney General.  The funds to pay the compensation for those legal positions shall be taken from the Highway Fund.

 

Requested by:  Senator Lee, Representatives McAllister, McLaughlin

DEPARTMENT OF TRANSPORTATION EXEMPTION FROM GENERAL STATUTES FOR EXPERIMENTAL PROJECT-CONGESTION MANAGEMENT

Sec. 162.  The Department of Transportation may enter into a design-build-warrant contract to develop, with Federal Highway Administration participation under The 1991 Intermodal Surface Transportation Efficiency Act, Title VI, Part B, Sections 6051-6059, a "Congestion Avoidance and Reduction for Autos and Trucks (CARAT)"system of traffic management for the greater Charlotte-Mecklenburg urban areas.  Notwithstanding any other provision of law, contractors, contractors' employees, and Department of Transportation employees involved in this project only do not have to be licensed by occupational licensing boards as "license" and "occupational licensing board" are defined in G.S. 93B-1 and for the purpose of entering into contracts, the Department of Transportation is exempted from the provisions of the following General Statutes:  G.S. 136-28.1, 143-52, 143-53, 143-58, 143-128, and 143-129.  These statutory exemptions are limited and available only to the extent necessary to comply with federal rules, regulations, and policies for completion of this project.

The Department of Transportation shall report quarterly to the Joint Legislative Highway Oversight Committee on its efforts to enter into a design-build-warrant contract and to award and construct the project.  The report shall include, but not be limited to, the number of types of firms bidding on the project, special qualifications of the firms bidding, and the effect statutory exemptions might have had on the award and construction of the project and the receipt of federal discretionary funding for the project.

 

Requested by:  Representatives McAllister, McLaughlin, Lemmond, Senators Lee, Kaplan, Sherron,

DEPARTMENT OF TRANSPORTATION TO REPORT ON DIVISION OF MOTOR VEHICLES ENFORCEMENT SECTION

Sec. 163.  The Department of Transportation shall report to the Joint Legislative Highway Oversight Committee, on or before October 1, 1993, on efforts by the Department to restructure the Enforcement Section of the Division of Motor Vehicles.

 

Requested by:  Representatives Nesbitt, McAllister, McLaughlin, Lemmond, Senators Lee, Kaplan, Sherron,

DISPOSITION OF TAX PROCEEDS FROM THE HIGHWAY TRUST FUND

Sec. 164.  (a) G.S. 105-187.9 reads as rewritten:

" 105-187.9.  Disposition of tax proceeds.

Taxes collected under this Article at the rate of eight percent (8%) shall be credited to the General Fund.  Taxes collected under this Article at the rate of three percent (3%) shall be credited to the North Carolina Highway Trust Fund.  In each fiscal year the State Treasurer shall transfer the sum of one hundred seventy million dollars ($170,000,000) of the taxes deposited in the Trust Fund to the General Fund.  Fund  by transferring one-fourth of this amount at the end of each quarter in the fiscal year.  The transfer of funds authorized by this section may be made by transferring one-fourth of the amount at the end of each quarter in the fiscal year or by transferring the full amount annually on July 1 of each fiscal year, subject to the availability of revenue."

(b)       The interest earned on the one hundred seventy million dollars ($170,000,000) to be transferred pursuant to subsection (a) of this section shall be deposited in the General Fund.

 

Requested by:  Representatives Barbee, McAllister, McLaughlin, Lemmond, Senators Lee, Kaplan, Sherron,

DMV ENFORCEMENT EFFICIENCY IMPLEMENTATION REPORT

Sec. 165.  The Commissioner of Motor Vehicles shall report to the Appropriations Committees on Transportation of the House of Representatives and Senate and to the Fiscal Research Division, on the first day of the 1994 Session of the General Assembly, on the implementation of the 1993-94 expansion budget requests for computer equipment, computerized vehicle weighing systems, and the Optical Disk File Storage System.  The report shall include the potential savings in manpower and office expenses attributable to the new equipment.

 

Requested by:  Representatives McAllister, McLaughlin, Lemmond, Senators Lee, Kaplan, Sherron,

MAJOR RESURFACING AND MAINTENANCE PROJECTS TO BE IN TRANSPORTATION IMPROVEMENT PROGRAM

Sec. 166.  The Secretary of the Department of Transportation shall report to the Appropriations Committees on Transportation of the House of Representatives and the Senate and the Fiscal Research Division, not later than 30 days before the start of the 1994 Session of the General Assembly, on a plan to include major resurfacing projects and major bridge and highway maintenance projects on the primary system in the Transportation Improvement Program issued pursuant to G.S. 143B-350(f)(4).

 

Requested by:  Representatives McAllister, McLaughlin, Senators Lee, Kaplan, Sherron,

PIEDMONT TRIAD TRANSPORTATION STUDY

Sec. 167.  Of the funds appropriated in this act from the Highway Fund to the Department of Transportation, the sum of two hundred twenty-two thousand seven hundred fifty dollars ($222,750) for the 1993-94 fiscal year and the sum of three hundred forty-six thousand five hundred dollars ($346,500) for the 1994-95 fiscal year shall be used for a study of the transportation needs of the Piedmont Triad Area involving the metropolitan planning organizations of High Point, Greensboro, and Winston-Salem.

The Board of Transportation shall allocate funds for the study as needed until the appropriation for each year has been used.  Funds not used in any year shall revert to the Highway Fund.

The Board of Transportation shall require the recipient of these fund allocations to provide detailed periodic reports on its activities and accomplishments and the expenditures and revenues from all sources.  A final report shall be made to the Board of Transportation and the North Carolina General Assembly by May 31, 1995.

 

Requested by:  Senators Lee, Kaplan, Sherron, Representatives McAllister, McLaughlin, Lemmond

STATE HIGHWAY FACILITIES NAMING/RENAMING MORATORIUM

Sec. 168.  (a) The Board of Transportation shall undertake a review of its policies concerning naming or renaming of bridges, highways, and other facilities on the State highway system.

(b)       The Board of Transportation shall adopt guidelines for the naming or renaming of bridges, highways, and other facilities on the State highway system by January 1, 1994.  Prior to the adoption of guidelines, the Board shall review the guidelines with the Joint Legislative Highway Oversight Committee by October 1, 1993.

(c)       Until the Board of Transportation has adopted guidelines pursuant to subsection (b) of this section, there shall be a moratorium on the naming or renaming of bridges, highways, and other facilities on the State highway system.

 

Requested by:  Representatives McAllister, McLaughlin, Nesbitt, Lemmond, Senators Lee, Kaplan, Sherron,

STUDY OF HIGHWAY FUND EXPENDITURES TO AGENCIES OTHER THAN THE DEPARTMENT OF TRANSPORTATION

Sec. 169.  The Legislative Research Commission may study, and the Fiscal Trends Study Commission shall study, all appropriations from the Highway Fund to agencies other than the Department of Transportation, including the Highway Patrol, Department of Correction, and Department of Public Instruction, and shall report to the General Assembly by the first day of the 1994 Regular Session on the appropriateness of these appropriations, the trends of these appropriations, on how the future growth in these appropriations can be limited, and on a policy on what type of programs can be funded from the Highway Fund.

 

Requested by:  Senators Sands, Lee, Kaplan, Sherron, Representatives McAllister, McLaughlin, Lemmond

SECONDARY ROAD FUNDS ELIGIBILITY MODIFICATION

Sec. 169.1.  Notwithstanding any other provision of law, the Department of Transportation shall maintain the streets and highways on the State highway system within municipalities that are not eligible for funds under G.S. 136-41.2.  The Department of Transportation shall maintain the streets and highways as part of the State secondary system, and maintain the paving priority for the secondary roads the same as if the municipality were not incorporated, as long as the ineligibility for funds under G.S. 136-41.2 continues.  The provisions of this section apply only to municipalities incorporated between July 1, 1989, and June 30, 1993.

 

Requested by:  Senators Lee, Kaplan, Sherron, Representatives McAllister, McLaughlin, Lemmond

JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE

Sec. 169.2.  (a) G.S. 120-70.50 reads as rewritten:

" 120-70.50.  Creation and membership of Joint Legislative Highway Transportation Oversight Committee.

The Joint Legislative Highway Transportation Oversight Committee is established.  The Committee consists of 16 members as follows:

(1)       Eight members of the Senate appointed by the President Pro Tempore of the Senate, at least two of whom are members of the minority party; and

(2)       Eight members of the House of Representatives appointed by the Speaker of the House of Representatives, at least three of whom are members of the minority party.

Terms on the Committee are for two years and begin on January 15 of each odd-numbered year, except the terms of the initial members, which begin on appointment.  Members may complete a term of service on the Committee even if they do not seek reelection or are not reelected to the General Assembly, but resignation or removal from service in the General Assembly constitutes resignation or removal from service on the Committee.

A member continues to serve until his successor is appointed.  A vacancy shall be filled within 30 days by the officer who made the original appointment."

(b)       G.S. 120-70.51(a) reads as rewritten:

"(a)      The Joint Legislative Highway Transportation Oversight Committee shall: may:

(1)       Review reports prepared by the Department of Transportation under G.S. 136-184. or any other agency of State government related, in any manner, to transportation, when those reports are required by any law.

(2)       Monitor the funds deposited in and expenditures from the North Carolina Highway Trust Fund and Fund, the Highway Fund. Fund, the General Fund, or any other fund when those expenditures are related, in any manner, to transportation.

(3)       Determine whether funds in the Trust Fund are spent in accordance with G.S. 136-17.2A and Article 14 of Chapter 136. related, in any manner, to transportation are being spent in accordance with law.

(4)       Determine whether any revisions are needed in the funding for a program for which funds in the Trust Fund Fund, the Highway Fund, the General Fund, or any other fund when those expenditures are related, in any manner, to transportation may be used, including revisions needed to meet any statutory timetable for the or program.

(5)       Report to the General Assembly at the beginning of each regular session concerning its determinations of needed changes in the funding for or operation of programs funded from the Trust Fund. related, in any manner, to transportation.

These powers, which are enumerated by way of illustration, shall be liberally construed to provide for the maximum oversight by the Committee of all transportation matters in this State."

(c)       G.S. 120-70.52(a) reads as rewritten:

"(a)      The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each designate a cochair of the Joint Legislative Highway Transportation Oversight Committee.  The Committee shall meet at least once a quarter and may meet at other times upon the joint call of the cochairs."

(d)       G.S. 136-12(b) reads as rewritten:

"(b)      At least 30 days before it approves a Transportation Improvement Program in accordance with G.S. 143B-350(f)(4) or approves interim changes to a Transportation Improvement Program, the Department shall submit the proposed Transportation Improvement Program or proposed interim changes to a Transportation Improvement Program to the following members and staff of the General Assembly:

(1)       The Speaker and the Speaker Pro Tempore of the House of Representatives;

(2)       The Lieutenant Governor and the President Pro Tempore of the Senate;

(3)       The Chairs of the House and Senate Appropriations Committees;

(4)       Each member of the Joint Legislative Highway Transportation Oversight Committee; and

(5)       The Fiscal Research Division of the Legislative Services Commission."

(e)       G.S. 136-184 reads as rewritten:

" 136-184.  Reports by Department of Transportation.

(a)       The Department of Transportation shall develop, and update annually, a report containing a completion schedule for all projects to be funded from the Trust Fund.  The report shall include a separate schedule for the Intrastate System projects, the urban loop projects, and the paving of unpaved State-maintained secondary roads that have a traffic vehicular equivalent of at least 50 vehicles a day.  The annual update shall indicate the projects, or portions thereof, that were completed during the preceding fiscal year, any changes in the original completion schedules, and the reasons for the changes.  The Department shall submit the report and the annual updates to the Joint Legislative Highway Transportation Oversight Committee.

(b)       The Department of Transportation shall make quarterly reports to the Joint Legislative Highway Transportation Oversight Committee containing any information requested by the Committee.  The Department shall provide the Committee with all information needed to determine if funds available under the Trust Fund and the Transportation Improvement Program are being spent in accordance with G.S. 136-17.2A."

(f)        G.S. 143-318.14A(a) reads as rewritten:

"(a)      Except as provided in subsection (e) below, all official meetings of commissions, committees, and standing subcommittees of the General Assembly (including, without limitation, joint committees and study committees), shall be held in open session.  For the purpose of this section, the following also shall be considered to be 'commissions, committees, and standing subcommittees of the General Assembly':

(1)       The Legislative Research Commission;

(2)       The Legislative Services Commission;

(3)       The Advisory Budget Commission;

(4)       The Joint Legislative Utility Review Committee;

(5)       The Joint Legislative Commission on Governmental Operations;

(6)       The Joint Legislative Commission on Municipal Incorporations;

(7)       The Commission on the Family;

(8)       The Joint Select Committee on Low-Level Radioactive Waste;

(9)       The Environmental Review Commission;

(10)     The Joint Legislative Highway Transportation Oversight Committee;

(11)     The Joint Legislative Education Oversight Committee;

(12)     The Joint Legislative Commission on Future Strategies for North Carolina;

(13)     The Commission on Children with Special Needs;

(14)     The Legislative Committee on New Licensing Boards;

(15)     The Agriculture and Forestry Awareness Study Commission;

(16)     The North Carolina Study Commission on Aging; and

(17)     The standing Committees on Pensions and Retirement."

(g)       Any law that contains "Joint Legislative Highway Oversight Committee" shall be deemed to refer to the "Joint Legislative Transportation Oversight Committee".

 

Requested by:  Senator Lee, Representatives McAllister, McLaughlin

VISITOR AND WELCOME CENTER FUNDS

Sec. 169.3.  (a) G.S. 20-79.7(c) reads as rewritten:

"(c)      Use of Funds in Special Registration Plate Account. -

(1)       The Division shall deduct the costs of special registration plates, including the costs of issuing, handling, and advertising the availability of the special plates, from the Special Registration Plate Account.

(2)       From the funds remaining in the Special Registration Plate Account after the deductions in accordance with subdivision (1) of this subsection, there is appropriated from the Special Registration Plate Account the sum of three hundred twenty-five thousand dollars ($325,000) for the 1993-94 fiscal year and the sum of three hundred seventy-five thousand dollars ($375,000) for the 1994-95 fiscal year to provide operating assistance for the Visitor and Welcome Centers:

a.         on U.S. Highway 17 in Camden County, ($75,000);

b.         on U.S. Highway 17 in Brunswick County, ($75,000);

c.         on U.S. Highway 441 in Macon County, ($75,000);

d.         in the Town of Boone, Watauga County, ($75,000); and

e.         on U.S. Highway 29 in Caswell County, ($25,000) for the 1993-94 fiscal year and ($75,000) for the 1994-95 fiscal year.

(3)       The Division shall transfer the remaining revenue in the Account quarterly as follows:

(1)a.    Thirty-three percent (33%) to the account of the Department of Commerce to aid in financing out-of-state print and other media advertising under the program for the promotion of travel and industrial development in this State.

(2)b.    Fifty percent (50%) to the Department of Transportation to be used solely for the purpose of beautification of highways other than those designated as interstate. These funds shall be administered by the Department of Transportation for beautification purposes not inconsistent with good landscaping and engineering principles.

(3)c.    Seventeen percent (17%) to the account of the Department of Human Resources to promote travel accessibility for disabled persons in this State. These funds shall be used to collect and update site information on travel attractions designated by the Department of Commerce in its publications, to provide technical assistance to travel attractions concerning accommodation of disabled tourists, and to develop, print, and promote the publication ACCESS NORTH CAROLINA as provided in G.S. 168-2. Any funds allocated for these purposes that are neither spent nor obligated at the end of the fiscal year shall be transferred to the Department of Administration for removal of man-made barriers to disabled travelers at State-funded travel attractions. Guidelines for the removal of man-made barriers shall be developed in consultation with the Department of Human Resources."

(b)       The Secretary of Transportation shall review the State's role in funding the operations of the visitor centers receiving funding pursuant to subsection (a) of this section and report the Secretary's findings to the Joint Legislative Highway Oversight Committee by March 1, 1994.

 

Requested by:  Senators Lee, Plyler, Kaplan, Sherron, Representatives McAllister, McLaughlin, Lemmond

FARM EQUIPMENT DEALER PLATE USAGE

Sec. 169.4.  G.S. 20-79(d) reads as rewritten:

"(d)      Dealer's license plates may be used on motor vehicles owned by, or assigned to, duly licensed motor vehicle dealers of this State when operated on the highways of this State by the dealer, corporate officers of the dealership, salespersons or full-time employees of the dealership, and any designated part-time employees of the dealership; provided, the vehicle is subject to the proof of financial responsibility requirements of Article 9A of this Chapter.  A dealer who sells, trades, or services farm tractors may use a dealer license plate on a vehicle that is owned by the dealer and is used to haul farm tractors or any other farm-related equipment sold, traded, or serviced by the dealer.  A dealership owner who desires to use dealer's license plates as herein provided shall make application on a form provided by the Division of Motor Vehicles and pay the annual amount set in G.S. 20-87(7)."

 

Requested by:  Senators Daniel, Lee, Kaplan, Sherron, Representatives McAllister, McLaughlin, Lemmond

SOME TEMPORARY FERRY DIVISION POSITIONS CONVERTED TO PERMANENT FULL-TIME POSITIONS.

Sec. 169.5.  Any temporary positions in the Ferry Division that are filled by personnel who have worked for 24 or more months as of the effective date of this act, shall be converted to permanent full-time positions, subject to the approval of the Secretary of Transportation.

 

PART 19.  DEPARTMENT OF CORRECTION

 

Requested by:  Senator Odom, Representatives Holt, Gist

CURRENT OPERATING EXPENSES

Sec. 170.  From the funds appropriated to the Department of Correction in the certified budget for the 1993-94 fiscal year, the Department may transfer within its budget up to five million dollars ($5,000,000) for repair and renovation of its facilities.  The use of these funds shall be subject to the prior approval of the Office of State Budget and Management.  The Department of Correction shall have a verifiable ten percent (10%) goal for participation by minority and women contractors in these projects.  If necessary, the Department may transfer within its budget up to six hundred fifty thousand dollars ($650,000) in each fiscal year to match federal grant funds received by the Department.

The Department of Correction shall submit a schedule of repairs and renovations funded pursuant to this section and shall provide information on the use of minority and women contractors for those projects in a quarterly report to the Joint Legislative Commission on Governmental Operations and to the Chairs of the Senate and House Appropriations Subcommittees on Justice and Public Safety.

 

Requested by:  Senator Odom, Representatives Holt, Gist

LIMIT USE OF OPERATIONAL FUNDS

Sec. 171.  Funds appropriated in this act to the Department of Correction for operational costs for additional facilities shall be used for personnel and operating expenses set forth in the budget approved by the General Assembly in this act.  These funds may not be expended for any other purpose, and may not be expended for additional prison personnel positions until the new facilities are within 90 days of completion, except for certain management and support positions necessary to prepare the facility for opening, as authorized in the budget approved by the General Assembly.

 

Requested by:  Senator Odom, Representatives Holt, Gist

NCCIW/MATCH PROGRAM FUNDS

Sec. 172.  Funds from the one hundred twelve million five hundred thousand dollars ($112,500,000) in bond proceeds appropriated and allocated for repairs and renovations at the North Carolina Correctional Institution for Women in Section 239 of Chapter 689 of the 1991 Session Laws, as amended by Section 41(a) of Chapter 1044 of the 1991 Session Laws, shall be used to provide a gatehouse and a visiting/operations center that will include designated space for the Mothers and Their Children (MATCH) program.  The MATCH program will be a specialized treatment program that will provide supervised visitation between inmates and their children and hold classes in parenting and related subjects.

 

Requested by:  Representatives Holt, Gist, Senator Odom

SUMMIT HOUSE

Sec. 173.  (a) Of the funds appropriated to the Department of Correction, the sum of four hundred thousand dollars ($400,000) for the 1993-94 fiscal year, and the sum of four hundred thousand dollars ($400,000) for the 1994-95 fiscal year, shall be used to support the program at Summit House, a community-based residential alternative to incarceration for mothers and pregnant women convicted of nonviolent crimes, including expansion of nonresidential day center services.

(b)       Of the funds appropriated to the Department of Correction for the 1993-94 fiscal year, the sum of one hundred fifty thousand dollars ($150,000) shall be used for planning and site selection of satellite Summit House programs in Mecklenburg and Wake Counties.  Any funds appropriated by this section for planning and site selection which are available after completion of the planning and site selection process may be used by Mecklenburg and Wake Counties to supplement local resources allocated for site acquisition.

(c)       Of the funds appropriated to the Department of Correction for the 1994-95 fiscal year, the sum of five hundred thousand dollars ($500,000) shall be used for the sharing of operating costs of satellite Summit House programs in Mecklenburg and Wake Counties.  The funds appropriated for operating costs of the satellite programs in Mecklenburg and Wake Counties are in addition to other resources available to those programs.

(d)       Each fiscal year, Summit House shall report quarterly to the Joint Legislative Commission on Governmental Operations on the expenditure of State appropriations and on the effectiveness of the program, including information on the number of clients served, the number of clients who have their probation revoked, and the number of clients who successfully complete the program while housed at Summit House.  For the 1993-94 fiscal year, Summit House shall report to the Joint Legislative Commission on Governmental Operations on the progress of the planning and site selection process for the satellite programs funded by this section.  For the 1994-95 fiscal year, Summit House shall report to the Joint Legislative Commission on Governmental Operations on the expansion of its program into Mecklenburg and Wake Counties.

 

Requested by:  Senator Odom, Representatives Holt, Gist

HARRIET HOUSE

Sec. 174.  Of the funds appropriated to the Department of Correction, the sum of two hundred thousand dollars ($200,000) for the 1993-94 fiscal year shall be used to support the programs of Harriet House, a transitional home for female ex-offenders and their children.  Harriet House shall report quarterly to the Joint Legislative Commission on Governmental Operations on the expenditure of State appropriations and on the effectiveness of the program including information on the number of clients served and the number of clients who successfully complete the Harriet House program.

 

Requested by:  Senator Odom, Representatives Holt, Gist

INMATE INCENTIVE PAY

Sec. 175.  G.S. 148-18(a) reads as rewritten:

"(a)      Prisoners employed in prison enterprises shall be compensated at hourly rates fixed by the Department of Correction's rules and regulations, or on the basis of production quotas established by prison enterprises, for work performed; provided, that no prisoner working for prison enterprises shall be paid more than one dollar ($1.00) three dollars ($3.00) per day from funds made available by the Prison Enterprises Fund.

Prisoners employed other than by prison enterprises and those involved in the maintenance and housekeeping of the prison system, shall be compensated at rates fixed by the Department of Correction's rules and regulations; provided, that no prisoner so paid shall receive more than one dollar ($1.00) per day.  The source of wages and allowances provided inmates who are not employed by prison enterprises shall be funds provided by the Department of Transportation to the Department of Correction for this purpose.  The provisions of this subsection shall not apply to wages paid by private prison enterprises conducted pursuant to G.S. 148-70."

 

Requested by:  Senator Odom

PRIVATE CONFINEMENT FACILITIES

Sec. 176.  No for-profit, privately owned or operated confinement facilities may be added to the State prison system unless approved by the General Assembly.  Notwithstanding the provisions of this section or any other provision of law, the Secretary of Correction may issue a request for proposal or employ other appropriate bidding process or procedure to determine contract terms or conditions under which private for-profit or nonprofit firms would offer to provide and operate treatment centers at various locations across the State totalling 500 beds for prisoners committed to the custody of the Department of Correction who are diagnosed as needing treatment for alcohol or drug abuse.  The State may continue its existing contracts with private, nonprofit firms to provide or operate work and study release centers for women and for youth.

The solicitation of bids for alcohol or drug treatment centers does not authorize the Secretary of Correction to enter into contracts with private for-profit or nonprofit firms to provide and operate such treatment centers.  The Secretary of Correction shall report the results of the solicitation of bids to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Chairs of the House and Senate Appropriations Committees, the Chairs of the House and Senate Appropriations Subcommittees on Justice and Public Safety, the Joint Legislative Commission on Governmental Operations, and the Fiscal Research Division by April 15, 1994.

 

Requested by:  Representatives Holt, Gist, Senator Odom

CONSOLIDATION OF PRISON FACILITIES

Sec. 177.  In order to begin the consolidation of smaller prison units into a lesser number of facilities, the Department of Correction shall develop and implement plans to close Granville, Halifax, Person, Warren, and Vance prison units and replace them with appropriate facilities to be recommended by the Department.

 

Requested by:  Representatives Holt, Gist, Senator Odom

REASONABLE AUDIT FEES AND ACCESS TO INMATE MEDICAL RECORDS

Sec. 178.  (a) Any hospital in the State that provides medical care or treatment to an inmate in the custody of the Department of Correction shall permit the Department or any of its agents to review or audit those medical records upon request.  The hospital may charge no more than reasonable fees for allowing such review or audit for providing necessary copies of bills or charges or information related to bills or charges and may not impose any unreasonable conditions or restrictions upon the access to those medical records.

(b)       Effective upon ratification of this act, Chapter 131E of the General Statutes is amended by adding a new section to read:

" 131E-99.2.  Inmate medical records.

Notwithstanding any other provision of law, a hospital does not breach patient confidentiality by providing the Department of Correction with the medical records of inmates who receive medical treatment at the hospital while in the custody of the Department.  A hospital complying with a request from the Department of Correction or its agent for a copy of the medical records of an inmate who received medical services while in custody shall be immune from liability in any civil action for the release of the inmate's medical record."

 

Requested by:  Senator Odom, Representatives Holt, Gist

COMMUNITY CORRECTIONS PROGRAMS

Sec. 178.1.  It is the intent of the General Assembly to consider action during 1994 upon the recommendation of the Government Performance Audit Committee to transfer the Community Service Work Program from the Department of Crime Control and Public Safety to the Department of Correction and to consolidate all community corrections programs under a single administrative structure.  The 1993 General Assembly shall further evaluate the advantages and disadvantages of such a transfer and consolidation, and the specific ways in which to implement a transfer and consolidation, and shall consider action upon the recommendation during its 1994 Regular Session.

 

PART 20.  DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY

 

Requested by:  Senator Odom, Representatives Holt, Gist

REPORT ON COMMUNITY SERVICE WORKERS

Sec. 179.  The Department of Crime Control and Public Safety shall report quarterly in the 1993-94 fiscal year and the 1994-95 fiscal year to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division on the number of community service workers who were available during each month of the time period preceding that report to perform repairs and maintenance of the parks and when and where they were available.

 

Requested by:  Senator Odom, Representatives Holt, Gist

RAPE VICTIMS ASSISTANCE PROGRAM

Sec. 180.  (a) Notwithstanding G.S. 143-12 or any other provision of law, the Department of Crime Control and Public Safety may utilize up to one hundred fifty thousand dollars ($150,000) of funds received, but not used, from the contingency and emergency fund in order to liquidate unpaid invoices for hospital emergency room services provided to rape victims and to provide rape evidence collection kits to hospital emergency rooms.

(b)       This section becomes effective June 30, 1993.

 

Requested by:  Senator Odom, Representatives Holt, Gist

NATIONAL GUARD DISASTER TRAINING

Sec. 181.  (a) G.S. 166A-6 is amended by adding a new subsection to read:

"(d)      In preparation for a state of disaster, with the concurrence of the Council of State, the Governor may use contingency and emergency funds as necessary and appropriate for National Guard training in preparation for disasters."

(b)       This section is effective upon ratification.

 

Requested by:  Senators Lee, Odom, Representatives Holt, Gist

REPORT BY HIGHWAY PATROL DIVISION

Sec. 182.  The Department of Crime Control and Public Safety, Highway Patrol Division, shall prepare a written report to the Senate and House Appropriations Committees on Justice and Public Safety and to the Joint Appropriations Committee on Transportation on the following:

(1)       Development of a long-range staffing plan, including optimum patrol strength;

(2)       Assignment of troopers to counties, including a plan for the revision of county assignments that reflects overall staffing levels;

(3)       Development of a plan for reciprocity with local law enforcement agencies that specifies the number of local law enforcement officers eligible to participate in training offered by the Division;

(4)       Justification of the use of troopers on special assignment to provide security services at special and public events, including sporting events, and the development of a rate of reimbursement for services provided at special and public events; and

(5)       Justification of the annual automatic pay increase currently provided to sworn Division personnel.

By April 30, 1994, the Department of Crime Control and Public Safety, Highway Patrol Division, shall provide copies of the report to the Senate and House Appropriations Committees on Justice and Public Safety and to the Joint Appropriations Committee on Transportation, and to the Fiscal Research Division of the Legislative Services Office.  The Division shall be available to present the report to the Senate and House Appropriations Committees on Justice and Public Safety and to the Joint Appropriations Committee on Transportation within five days of the convening of the Joint Appropriations Committee.  The Senate and House Appropriations Committees on Justice and Public Safety and the Joint Appropriations Committee on Transportation shall meet within five days of the convening of the Joint Appropriations Committee to receive the report required by this section.

 

Requested by:  Representatives Holt, Gist, Senator Odom

REPORT ON THE CRIME VICTIMS COMPENSATION FUND

Sec. 183.  The Department of Crime Control and Public Safety shall report annually to the Senate and House Appropriations Base Budget Committees on Justice and Public Safety and the Fiscal Research Division on the administrative expenditures of the North Carolina Crime Victims Compensation Fund.

 

Requested by:  Representatives Holt, Gist, Senator Odom

LEGISLATIVE REVIEW OF DRUG LAW ENFORCEMENT AND OTHER GRANTS

Sec. 184.  (a) Section 1303(4) of the Omnibus Crime Control and Safe Streets Act of 1968 provides that State applications for drug law enforcement grants are subject to review by the State legislature or its designated body.

(b)       The North Carolina General Assembly hereby provides that State applications for grants under the State and Local Law Enforcement Assistance Act of 1986, Part M of the Omnibus Crime Control and Safe Streets Act of 1968 as enacted by Subtitle K of P.L.  99-570, the Anti-Drug Abuse Act of 1986, are subject to review by the Joint Legislative Commission on Governmental Operations if at the time of review the General Assembly is not in session.  Any State agency submitting a grant application for review shall also report to the House Appropriations Subcommittee on Justice and Public Safety and to the Senate Appropriations Committee on Justice and Public Safety with regard to the grant.

(c)       Unless a State statute provides a different forum for review, when a federal law or regulation provides that a State application for a grant must be reviewed by the State legislature or its designated body and at the time of the review the General Assembly is not in session, that application shall be reviewed by the Joint Legislative Commission on Governmental Operations.  Any State agency submitting a grant application for review shall also report to the House Appropriations Subcommittee on Justice and Public Safety and to the Senate Appropriations Committee on Justice and Public Safety with regard to the grant.

 

Requested by:  Representatives Holt, Gist, Senator Odom

AUTOMATED ADMINISTRATION OF THE CRIME VICTIMS COMPENSATION FUND

Sec. 185.  The Department of Crime Control and Public Safety shall develop or acquire software to automate the system of claims and reimbursement administration for the Crime Victims Compensation Fund.  The automated system shall have among its capabilities the ability to track individual applications for reimbursement from the initial filing of the claim through the disposition of the claim, including the status of claims investigations and third-party reimbursements.  The Department of Crime Control and Public Safety shall submit a report to the House and Senate Appropriations Committees on Justice and Public Safety and to the Fiscal Research Division by March 31, 1994, that identifies the automated system installed by the Department, documents the status of bringing the claims management and reimbursement system on-line, and documents the ability of the system to track administration and reimbursement of claims.

 

PART 21.  JUDICIAL DEPARTMENT

 

Requested by:  Senator Odom, Representatives Holt, Gist

AOC NETWORK TRANSFER STUDY

Sec. 186.  The Information Resource Management Commission and the Administrative Office of the Courts jointly shall prepare a written evaluation of the costs, benefits, and feasibility of transferring ownership of the Administrative Office of the Courts' network back to the ownership and management of the State Telecommunications System.  The evaluation shall include an independent study to determine whether the incremental operating costs (including incremental overhead costs) are lower under the State Telecommunications System and whether a service level agreement between the State Telecommunications System and the Administrative Office of the Courts that meets the Administrative Office of the Courts' requirements for network service can be developed.  The Information Resource Management Commission and the Administrative Office of the Courts jointly shall present the written evaluation to the Joint Legislative Commission on Governmental Operations not later than December 31, 1993.

 

Requested by:  Senator Odom, Representatives Holt, Gist

INDIGENT PERSONS' ATTORNEY FEE FUND

Sec. 187.  (a) Effective July 1, 1993, the Administrative Office of the Courts shall each year of the 1993-95 biennium place the sum of three million eight hundred thousand dollars ($3,800,000) from the Indigent Persons' Attorney Fee Fund in a reserve for capital cases and for transcripts, professional examinations, and expert witness fees.  The Administrative Office of the Courts shall allot these funds as needed for these purposes and for unanticipated demands on the fund.

(b)       Effective July 1, 1993, the Administrative Office of the Courts shall, for each year of the biennium, allot the sum of eleven million five hundred thousand dollars ($11,500,000) from the Indigent Persons' Attorney Fee Fund for adult, juvenile, and guardian ad litem cases for the 1993-94 and 1994-95 fiscal years to each judicial district in which the superior and district court districts are coterminous, and otherwise by county, according to the caseload of indigent persons who were not represented by the public defender in the districts or counties during 1992-93 and 1993-94, respectively.

The Administrative Office of the Courts shall notify all senior resident superior court judges, all chief district court judges, and the clerk of superior court within the district or county immediately after the allotment is made and shall regularly notify them how much remains for the district or county.

The senior resident superior court judge and the chief district court judge of each district or county shall ask all judges holding court within the district or county:  (i) to take into consideration the amount of money allotted at the beginning of the fiscal year and the amount of money remaining in the allotment when they award counsel fees to attorneys of indigent persons, and (ii) to make an effort to award fees equally and justly for legal services provided.  The clerk of superior court for each county shall ensure that all judges holding court within the county receive this request from the senior resident superior court judge and the chief district court judge.

(c)       If the funds allotted pursuant to subsection (b) of this section are depleted in a district or county prior to the end of the fiscal year, the Administrative Office of the Courts shall allot the remaining funds from the Indigent Persons' Attorney Fee Fund in the same manner as provided in subsection (b) of this section.  However, if necessary and appropriate due to unusual and unanticipated circumstances occurring in the current year, the Administrative Office of the Courts may allocate funds to a district or county in a manner calculated to result in the reasonably fair distribution of remaining funds.  Such funds shall be subject to the limitations and directions set out in subsection (b) of this section.

(d)       If the funds allotted pursuant to subsection (c) of this section are depleted in a district or county prior to the end of the fiscal year, the Administrative Office of the Courts is authorized to resume payments in such districts or counties only if and when it is reasonably determined that the total projected expenditures will be less than the total approved budget for the Indigent Persons' Attorney Fee Fund for the fiscal year.

 

Requested by:  Senator Odom, Representatives Holt, Gist

SPECIAL CAPITAL CASE REHEARING FUND

Sec. 188.  (a) There is continued in the Judicial Department the nonreverting special fund known as "The Special Capital Case Rehearing Fund".  The funds shall be used to provide for resentencing hearings, related appeals, and postconviction hearings required by the decisions of the United States Supreme Court in McKoy v. North Carolina, decided March 5, 1990, and of the Supreme Court of North Carolina upon remand of that case, including the payment of attorneys' fees and related expenses for representation of indigent persons as specified in Subchapter IX of Chapter 7A of the General Statutes.  The Special Capital Case Rehearing Fund shall terminate, and all funds remaining in it shall be transferred to the Indigent Persons' Attorney Fee Fund, when the Director of the Administrative Office of the Courts certifies to the State Controller that all reasonably foreseeable resentencing hearings, related appeals, and postconviction hearings have been substantially completed.

(b)       Of the funds appropriated from the General Fund to the Judicial Department for the 1993-95 biennium, the sum of one million forty-eight thousand four hundred twenty-four dollars ($1,048,424) for the 1993-94 fiscal year and the sum of one million forty-eight thousand four hundred twenty-four dollars ($1,048,424) for the 1994-95 fiscal year may be used for the purposes indicated in this section.

 

Requested by:  Senator Odom, Representatives Holt, Gist

COMMUNITY PENALTIES PROGRAMS

Sec. 189.  (a) Of the funds appropriated from the General Fund to the Judicial Department for the 1993-95 biennium to conduct the community penalties programs, the sum of one million nine hundred eighteen thousand nine hundred twelve dollars ($1,918,912) for the 1993-94 fiscal year and the sum of one million nine hundred eighteen thousand nine hundred twelve dollars ($1,918,912) for the 1994-95 fiscal year may be allocated by the Judicial Department in any amount among existing community penalties programs or may be used to establish new community penalties programs.

(b)       The Judicial Department shall report annually to the Senate and House Appropriations Subcommittees on Justice and Public Safety and to the Fiscal Research Division on the administrative expenditures of the community penalties programs.

 

Requested by:  Senator Odom, Representatives Holt, Gist

RAPE VICTIM WITNESS COUNSELOR PROGRAM

Sec. 190.  From funds appropriated to the Judicial Department in the certified budget for the 1993-95 biennium, the Administrative Office of the Courts may transfer within its budget up to twenty-five thousand dollars ($25,000) for the 1993-94 fiscal year and up to twenty-five thousand dollars ($25,000) for the 1994-95 fiscal year to support the existing Rape Victim Witness Counselor Program.

 

Requested by:  Senator Odom, Representatives Holt, Gist

GRANT MATCHING FUNDS

Sec. 191.  From the funds appropriated to the Judicial Department in the certified budget for the 1993-95 biennium, the Administrative Office of the Courts may transfer within its budget for each fiscal year up to two hundred thousand dollars ($200,000) to match any grants awarded to the Judicial Department from non-State funds.

 

Requested by:  Senator Odom, Representatives Holt, Gist

EXTEND INDIGENT PERSONS' ATTORNEY REPRESENTATION CONTRACT PROGRAM

Sec. 192.  G.S. 7A-344 reads as rewritten:

" 7A-344.  Special duties of Director concerning representation of indigent persons.

In addition to the duties prescribed in G.S. 7A-343, the Director shall also:

(1)       Supervise and coordinate the operation of the laws and regulations concerning the assignment of legal counsel for indigent persons under Subchapter IX of this Chapter to the end that all indigent persons are adequately represented;

(2)       Advise and cooperate with the offices of the public defenders as needed to achieve maximum effectiveness in the discharge of the defender's responsibilities;

(3)       Collect data on the operation of the assigned counsel and the public defender systems, and make such recommendations to the General Assembly for improvement in the operation of these systems as appear to him to be appropriate; and

(4)       Accept and utilize federal or private funds, as available, to improve defense services for the indigent, including indigent juveniles alleged to be delinquent or undisciplined.  To facilitate processing of juvenile and other indigent cases, the administrative officer is further authorized, in any district court district, district or set of districts as defined in G.S. 7A-41.1(a), with the approval of the chief district court judge, judge for cases in the district court division and the approval of the senior resident superior court judge for cases in the superior court division, to engage the services of a particular attorney or attorneys to provide specialized representation on a full-time or part-time basis."

 

Requested by:  Senator Odom, Representatives Holt, Gist

TRANSFER OF EQUIPMENT AND SUPPLY FUNDS

Sec. 193.  Funds appropriated to the Judicial Department in the 1993-95 biennium for equipment and supplies shall be certified in a reserve account.  The Administrative Office of the Courts shall have the authority to transfer these funds to the appropriate programs and between programs as the equipment priorities and supply consumptions occur during the operating year.  These funds may not be expended for any other purpose.  The Administrative Office of the Courts shall make quarterly reports on transfers made pursuant to this section to the Joint Legislative Commission on Governmental Operations and the Chairs of the Senate and House Appropriations Subcommittees on Justice and Public Safety.

 

Requested by:  Senator Odom, Representatives Holt, Gist

ADDITIONAL PUBLIC AND APPELLATE DEFENDER PERSONNEL

Sec. 194.  From funds appropriated to the Indigent Persons' Attorney Fee Fund in the Judicial Department for the 1993-95 biennium, the Administrative Office of the Courts may use up to four hundred sixty-six thousand two hundred thirty dollars ($466,230) in the 1993-94 fiscal year and up to four hundred seventy-one thousand nine hundred eighty-nine dollars ($471,989) in the 1994-95 fiscal year for salaries, benefits, and related expenses to be allocated as follows:

(1)       $217,060 in the 1993-94 fiscal year and $234,478 in the 1994-95 fiscal year to establish up to four new assistant public defenders;

(2)       $140,640 in the 1993-94 fiscal year and $119,555 in the 1994-95 fiscal year to establish up to five new public defender secretaries; and

(3)       $108,530 in the 1993-94 fiscal year and $117,478 in the 1994-95 fiscal year to establish up to two new assistant appellate defenders.

 

Requested by:  Representatives Holt, Gist, Senator Odom

TRANSFER FUNDS FROM SPECIAL CAPITAL CASE REHEARING FUND TO THE INDIGENT PERSONS' ATTORNEY FEE FUND

Sec. 195.  (a) Notwithstanding the provisions of Section 78 of Chapter 689 of the 1991 Session Laws, the Judicial Department may transfer up to the sum of one million one hundred thousand dollars ($1,100,000) from the Special Capital Case Rehearing Fund, established in Section 2 of Chapter 742 of the 1991 Session Laws, to the Indigent Persons' Attorney Fee Fund by June 30, 1994, to pay the obligations incurred by the Indigent Persons' Attorney Fee Fund.

(b)       This section is effective upon ratification.

 

Requested by:  Representatives Holt, Gist, Fitch, Senator Odom

EMERGENCY SPECIAL SUPERIOR COURT JUDGES

Sec. 199.  Article 7 of Chapter 7A of the General Statutes is amended by adding a new section to read:

" 7A-45.2.  Emergency special judges of the superior court; qualifications, appointment, removal, and authority.

(a)       Any justice or judge of the appellate division of the General Court of Justice who:

(1)       Retires under the provisions of the Consolidated Judicial Retirement Act, Article 4 of Chapter 135 of the General Statutes, or who is eligible to receive a retirement allowance under that act;

(2)       Has not reached the mandatory retirement age specified in G.S. 7A-4.20;

(3)       Has served at least five years as a superior court judge or five years as a justice or judge of the appellate division of the General Court of Justice, or any combination thereof, whether or not eligible to serve as an emergency justice or judge of the appellate division of the General Court of Justice; and

(4)       Whose judicial service ended within the preceding 10 years;

may apply to the Governor for appointment as an emergency special superior court judge in the same manner as is provided for application as an emergency superior court judge in G.S. 7A-53.  If the Governor is satisfied that the applicant meets the requirements of this section and is physically and mentally able to perform the duties of a superior court judge, the Governor shall issue a commission appointing the applicant as an emergency special superior court judge until the applicant reaches the mandatory retirement age for superior court judges specified in G.S. 7A-4.20.

(b)       Any emergency special superior court judge appointed as provided in this section shall:

(1)       Have the same powers and duties, when duly assigned to hold court, as provided for an emergency superior court judge by G.S. 7A-48;

(2)       Be subject to assignment in the same manner as provided for an emergency superior court judge by G.S. 7A-46;

(3)       Receive the same compensation, expenses, and allowances, when assigned to hold court, as an emergency superior court judge as provided by G.S. 7A-52(b);

(4)       Be subject to the provisions and requirements of the Canons of Judicial Conduct; and

(5)       Not engage in the practice of law during any period for which the emergency special superior court judgeship is commissioned.  However, this subdivision shall not be construed to prohibit an emergency special superior court judge appointed pursuant to this section from serving as a referee, arbitrator, or mediator, during service as an emergency special superior court judge when the service does not conflict with or interfere with the emergency special superior court judge's judicial service in emergency status.

(c)       Upon reaching mandatory retirement age for superior court judges as set forth in G.S. 7A-4.20, any emergency special superior court judge appointed pursuant to this section, whose commission has expired, may be recalled as a recalled emergency special superior court judge to preside over any regular or special session of the superior court under the following circumstances:

(1)       The judge shall consent to the recall;

(2)       The Chief Justice may order the recall;

(3)       Prior to ordering recall, the Chief Justice shall be satisfied that the recalled judge is capable of efficiently and promptly discharging the duties of the office to which recalled;

(4)       Jurisdiction of a recalled emergency special superior court judge is as set forth in G.S. 7A-48;

(5)       Orders of recall and assignment shall be in writing and entered upon the minutes of the court to which assigned; and

(6)       Compensation, expenses, and allowances of recalled emergency special superior court judges are the same as for recalled emergency superior court judges under G.S. 7A-52(b).

(d)       Any former justice or judge of the appellate division of the General Court of Justice who otherwise meets the requirements of subsection (a) of this section to be appointed an emergency special superior court judge but has already reached the mandatory retirement age for superior court judges set forth in G.S. 7A-4.20 on retirement may, in lieu of serving as an emergency judge of the court from which he retired, apply to the Governor to be appointed as an emergency special superior court judge as provided in this section.  If the Governor issues a commission to the applicant, the retired justice or judge is subject to recall as an emergency special superior court judge as provided in subsection (c) of this section.

(e)       No justice or judge appointed as an emergency special superior court judge or subject to recall as provided in this section shall, during the period so appointed or subject to recall, contemporaneously serve as an emergency justice or judge of the appellate division of the General Court of Justice."

 

Requested by:  Representatives Holt, Gist, Senator Odom

STUDY OF MEDIATION PROGRAMS

Sec. 200.  The Administrative Office of the Courts shall study the effectiveness of the Child Custody and Visitation Mediation Programs, the Court-Ordered Non-Binding Arbitration Programs, and the Dispute Mediation Programs, and shall report its findings to the General Assembly by April 15, 1994, including recommendations on whether those programs should be expanded and in what manner they should be expanded.

 

Requested by:  Senator Plyler, Representative Barnes

SENTENCING COMMISSION EXTENDED

Sec. 200.1.  (a) Section 8 of Chapter 1076 of the 1989 Session Laws, as amended by Chapters 812 and 816 of the 1991 Session Laws and Chapter 253 of the 1993 Session Laws, reads as rewritten:

"Sec. 8.  This act is effective upon ratification, and shall expire August 1, 1993. July 1, 1994."

(b)       G.S. 164-38 reads as rewritten:

" 164-38.  Terms of members; compensation; expenses.

The terms of existing members shall expire on June 30, 1992. 1993.  New members shall be appointed or the existing members reappointed by the appointing authorities to serve until July 1, 1993, 1994, unless they resign or are removed.  Members serving by virtue of elective or appointive office or as designees of such officeholders may serve only so long as the officeholders hold those respective offices.  Members appointed by the Speaker of the House and the President Pro Tempore of the Senate may be removed by the appointing authority without cause.  Vacancies occurring before the expiration of a term shall be filled in the manner provided for the members first appointed.  A member of the Commission may be removed only for disability, neglect of duty, incompetence, or malfeasance in office.  Before removal, the member is entitled to a hearing.  Effective with respect to members designated on or after July 1, 1992, a person making a designation pursuant to G.S. 164-37 may not make another designation, except that the person's successor in elective or appointive office may make a new designation.

The Commission members shall receive no salary for serving.  All Commission members shall receive necessary subsistence and travel expenses in accordance with the provisions of G.S. 120-3.1, 138-5, and 138-6 as applicable."

 

Requested by:  Senator Odom

REGIONAL MEDIATION CENTER IN PITT COUNTY TO PROVIDE MEDIATION SERVICES TO EASTERN NORTH CAROLINA

Sec. 200.2.  Of the funds appropriated to the Judicial Department from the General Fund for the 1993-94 fiscal year, the sum of forty thousand dollars ($40,000) may be used for The Mediation Center of Pitt County, Inc., a dispute settlement center in Pitt County, to establish a regional mediation and dispute settlement center to serve Eastern North Carolina.

 

Requested by:  Senator Odom, Representatives Holt, Gist

EMERGENCY JUDGES' PER DIEM INCREASE

Sec. 200.3.  Effective August 1, 1993, G.S. 7A-52(b) reads as rewritten:

"(b)      In addition to the compensation or retirement allowance he the judge would otherwise be entitled to receive by law, each emergency judge of the district or superior court who is assigned to temporary active service by the Chief Justice shall be paid by the State his the judge's actual expenses, plus one hundred fifty dollars ($150.00) two hundred dollars ($200.00) for each day of active service rendered upon recall.  No recalled retired trial judge shall receive from the State total annual compensation for judicial services in excess of that received by an active judge of the bench to which the judge is recalled."

 

Requested by:  Senator Odom

TRANSFER CASWELL AND PERSON COUNTIES TO NEWLY CREATED JUDICIAL AND PROSECUTORIAL DISTRICTS 9A

Sec. 200.4.  (a) G.S. 7A-41(a) reads as rewritten:

"(a)      The counties of the State are organized into judicial divisions and superior court districts, and each superior court district has the counties, and the number of regular resident superior court judges set forth in the following table, and for districts of less than a whole county, as set out in subsection (b) of this section:

Superior

Judicial             Court                                                                        No. of Resident

Division            District             Counties                                             Judges

 

First                  1                        Camden, Chowan,                                   2

Currituck,

Dare, Gates,

Pasquotank,

Perquimans

2                        Beaufort, Hyde,                                      1

Martin,

Tyrrell, Washington

3A                     Pitt                                                           2

3B                     Carteret, Craven,                                    1

Pamlico

4A                     Duplin, Jones,                                         1

Sampson

4B                     Onslow                                                    1

5                        New Hanover,                                         3

Pender

6A                     Halifax                                                     1

6B                     Bertie, Hertford,                                    1

Northampton

7A                     Nash                                                         1

7B                     (part of Wilson,                                      1

part of Edgecombe,

see subsection (b))

7C                     (part of Wilson,                                      1

part of Edgecombe,

see subsection (b))

8A                     Lenoir and Greene                                 1

8B                     Wayne                                                     1

Second              9                        Franklin, Granville,                                2

Person,

Vance, Warren

9A                     Person, Caswell                                      1

10A                   (part of Wake,                                         1

see subsection (b))

10B                   (part of Wake,                                         2

see subsection (b))

10C                   (part of Wake,                                         1

see subsection (b))

10D                   (part of Wake,                                         1

see subsection (b))

11                      Harnett, Johnston,                                  2

Lee

12A                   (part of Cumberland,                              1

see subsection (b))

12B                   (part of Cumberland,                              1

see subsection (b))

12C                   (part of Cumberland,                              2

see subsection (b))

13                      Bladen, Brunswick,                                2

Columbus

14A                   (part of Durham,                                     1

see subsection (b))

14B                   (part of Durham,                                     3

see subsection (b))

15A                   Alamance                                                1

15B                   Orange, Chatham                                    1

16A                   Scotland, Hoke                                       1

16B                   Robeson                                                  2

Third                 17A                   Caswell,  Rockingham                           2

17B                   Stokes, Surry                                          1

18A                   (part of Guilford,                                    1

see subsection (b))

18B                   (part of Guilford,                                    1

see subsection (b))

18C                   (part of Guilford,                                    1

see subsection (b))

18D                   (part of Guilford,                                    1

see subsection (b))

18E                   (part of Guilford,                                    1

see subsection (b))

19A                   Cabarrus                                                  1

19B                   Montgomery,                                          1

Randolph

19C                   Rowan                                                      1

20A                   Anson, Moore,                                        2

Richmond

20B                   Stanly, Union                                          1

21A                   (part of Forsyth,                                     1

see subsection (b))

21B                   (part of Forsyth,                                     1

see subsection (b))

21C                   (part of Forsyth,                                     1

see subsection (b))

21D                   (part of Forsyth,                                     1

see subsection (b))

22                      Alexander, Davidson,                             2

Davie, Iredell

23                      Alleghany, Ashe,                                     1

Wilkes, Yadkin

Fourth               24                      Avery, Madison,                                     1

Mitchell,

Watauga, Yancey

25A                   Burke, Caldwell                                      2

25B                   Catawba                                                   1

26A                   (part of Mecklenburg,                            2

see subsection (b))

26B                   (part of Mecklenburg,                            2

see subsection (b))

26C                   (part of Mecklenburg,                            2

see subsection (b))

27A                   Gaston                                                     2

27B                   Cleveland, Lincoln                                 1

28                      Buncombe                                               2

29                      Henderson,                                              2

McDowell, Polk,

Rutherford,

Transylvania

30A                   Cherokee, Clay,                                      1

Graham, Macon,

Swain

30B                   Haywood, Jackson                                  1."

(b)       The Governor shall appoint the superior court judge for the position created by subsection (a) of this section, whose term shall expire December 31, 1994.  This appointed judge's successor shall be chosen in the 1994 general election.

(c)       One superior court reporter position shall be transferred from current District 17A to newly created District 9A.

(d)    Subsections (a) through (c) of this section become effective November 1, 1993, or fifteen days after the date upon which subsections (a) and (b) of this section are approved under Section 5 of the Voting Rights Act of 1965, whichever is later.

(e)       G.S. 7A-133 reads as rewritten:

" 7A-133.  Numbers of judges by districts; numbers of magistrates and additional seats of court, by counties.

Each district court district shall have the numbers of judges and each county within the district shall have the numbers of magistrates and additional seats of court, as set forth in the following table:

Additional

Magistrates             Seats of

District     Judges                           County                       Min.-Max.                Court

 

1                3                           Camden                              1    2

Chowan                              2    3

Currituck                           1    2

Dare                                   3    8

Gates                                  2    3

Pasquotank                        3    4

Perquimans                       2    3

2                3                           Martin                                5    8

Beaufort                            4    8

Tyrrell                                1    3

Hyde                                  2    4

Washington                       3    4

3A             3                           Pitt                                     10  12              Farmville

Ayden

3B             4                           Craven                                7    10              Havelock

Pamlico                             2    3

Carteret                             5    8

4                6                           Sampson                            6    8

Duplin                                9    11

Jones                                  2    3

Onslow                              8    14

5                6                           New Hanover                    6    11

Pender                               4    6

6A             2                           Halifax                               9    14              Roanoke

Rapids,

Scotland Neck

6B             2                           Northampton                     5    6

Bertie                                 4    5

Hertford                            5    6

7                6                           Nash                                   7    10              Rocky Mount

Edgecombe                       4    6                Rocky Mount

Wilson                               4    6

8                5                           Wayne                                5    11              Mount Olive

Greene                               2    4

Lenoir                                4    10              La Grange

9                54                        Person3                             4   

                                               Granville                            3    7

Vance                                 3    5

Warren                               3    4

Franklin                             3    6

9A             2                           Person                               3    4

Caswell                              2    5

10              11                        Wake                                  12  20              Apex,

Wendell,

Fuquay-

Varina,

Wake Forest

11              6                           Harnett                               7    11              Dunn

Johnston                            10  12              Benson,

Clayton

and Selma

Lee                                     4    6

12              6                           Cumberland                       10  17

13              4                           Bladen                                4    6

Brunswick                         4    7

Columbus                          6    8                Tabor City

14              5                           Durham                              8    12

15A           3                           Alamance                           7    10              Burlington

15B           3                           Orange                               4    11              Chapel Hill

Chatham                             3    8                Siler City

16A           2                           Scotland                             3    5

                                               Hoke                                  4    5

16B           5                           Robeson                            8    16              Fairmont,

Maxton,

Pembroke,

Red Springs,

Rowland,

St. Pauls

17A           32                        Caswell 2                           5

                                               Rockingham                      4    9                Reidsville,

Eden,

Madison

17B           3                           Stokes                                2    5

Surry                                  5    8                Mt. Airy

18              10                        Guilford                             20  26              High Point

19A           2                           Cabarrus                            5    9                Kannapolis

19B           3                           Montgomery                     2    4

Randolph                           5    8                Liberty

19C           2                           Rowan                                5    10

20              6                           Stanly                                 5    6

Union                                 4    6

Anson                                 4    5

Richmond                          5    6                Hamlet

Moore                                5    8                Southern

Pines

21              7                           Forsyth                              3    15              Kernersville

22              6                           Alexander                          2    3

Davidson                            7    10              Thomasville

Davie                                  2    3

Iredell                                4    8                Mooresville

23              3                           Alleghany                          1    2

Ashe                                   3    4

Wilkes                               4    6

Yadkin                                3    5

24              3                           Avery                                 3    4

Madison                             4    5

Mitchell                             3    4

Watauga                             4    6

Yancey                               2    4

25              7                           Burke                                 4    7

Caldwell                            4    7

Catawba                             6    9                Hickory

26              13                        Mecklenburg                     15  26

27A           5                           Gaston                               11  20

27B           4                           Cleveland                           5    8

Lincoln                              4    6

28              5                           Buncombe                         6    15

29              4                           Henderson                         4    6

McDowell                         3    4

Polk                                   3    4

Rutherford                         6    8

Transylvania                      2    4

30              3                           Cherokee                           3    4

Clay                                    1    2

Graham                              2    3

Haywood                           5    7                Canton

Jackson                              3    4

Macon                                3    4

Swain                                 2    3."

(f)        The two district court judgeships created by subsection (e) of this section shall be filled by the district court judge from current District 9 who resides in Person County and by the district court judge from current District 17A who resides in Caswell County.  The term of the judge residing in Caswell County expires December 31, 1994.  This judge's successor shall be elected in the 1994 general election.  The term of the judge residing in Person County expires December 31, 1996.  This judge's successor shall be elected in the 1996 general election.

(g)       Secretarial services for the chief district court judge in newly created District 9A shall be provided by the secretary of the superior court judge in newly created Superior Court District 9A, created by subsection (a) of this section.

(h)       The magistrates' positions created by subsection (e) of this section for Person County in newly created District 9A shall be filled by the magistrates currently serving Person County in District 9.  The magistrates' positions created by subsection (e) of this section for Caswell County in newly created District 9A shall be filled by the magistrates currently serving Caswell County in District 17A.

(i)        Juvenile intake, probation, and aftercare services for newly created District 9A shall be provided by the chief court counselor's office in District 17A.  One such position serving the chief court counselor's office in current District 9 shall be transferred to District 17A to facilitate the provision of juvenile intake, probation, and aftercare services to newly created District 9A.

(j)        Notwithstanding G.S. 7A-198, district court reporting services for newly created District 9A shall be provided by electronic recording equipment, freelance court reporters, or reports assigned from outside the District.  The chief district court judge shall not appoint a court reporter to serve the District.

(k)       Subsections (e) through (j) of this section become effective November 1, 1993, or the date upon which subsections (e) and (f) of this section are approved under Section 5 of the Voting Rights Act of 1965, whichever is later.

(l)        G.S. 7A-60(a1) reads as rewritten:

"(a1)    The counties of the State are organized into prosecutorial districts, and each district has the counties and the number of full-time assistant district attorneys set forth in the following table:

No. of Full-Time

Prosecutorial                                                                                               Asst. District

District                          Counties                                                            Attorneys

1                            Camden, Chowan, Currituck,                                          6

Dare, Gates, Pasquotank,

Perquimans

2                            Beaufort, Hyde, Martin,                                                  4

Tyrrell, Washington

3A                         Pitt                                                                                    6

3B                         Carteret, Craven, Pamlico                                              6

4                            Duplin, Jones, Onslow,                                                   10

Sampson

5                            New Hanover, Pender                                                     9

6A                         Halifax                                                                              3

6B                         Bertie, Hertford,                                                             3

Northampton

7                            Edgecombe, Nash, Wilson                                             10

8                            Greene, Lenoir, Wayne                                                  8

9                            Franklin, Granville,                                                         8 7

Person,  Vance, Warren

9A                         Person, Caswell                                                               2

10                          Wake                                                                                18

11                          Harnett, Johnston, Lee                                                    8

12                          Cumberland                                                                      12

13                          Bladen, Brunswick, Columbus                                       6

14                          Durham                                                                             9

15A                       Alamance                                                                         6

15B                       Orange, Chatham                                                             4

16A                       Scotland, Hoke                                                                3

16B                       Robeson                                                                           7

17A                       Caswell,                                                                            5 4

Rockingham

17B                       Stokes, Surry                                                                   4

18                          Guilford                                                                           16

19A                       Cabarrus, Rowan                                                              8

19B                       Montgomery, Randolph                                                  4

20                          Anson, Moore, Richmond,                                             10

Stanly, Union

21                          Forsyth                                                                             12

22                          Alexander, Davidson, Davie,                                          10

Iredell

23                          Alleghany, Ashe, Wilkes,                                               4

Yadkin

24                          Avery, Madison, Mitchell,                                              3

Watauga, Yancey

25                          Burke, Caldwell, Catawba                                               10

26                          Mecklenburg                                                                    22

27A                       Gaston                                                                              8

27B                       Cleveland,                                                                        5

Lincoln

28                          Buncombe                                                                        7

29                          Henderson, McDowell, Polk,                                        8

Rutherford, Transylvania

30                          Cherokee, Clay, Graham,                                                6

Haywood, Jackson, Macon,

Swain."

(m)      The district attorney position created by subsection (l) of this section shall be filled by appointment by the Governor.  This district attorney's term expires on December 31, 1994.  The successor shall be elected in the 1994 general election.

(n)       The two assistant district attorney positions for newly created District 9A shall be filled by an assistant district attorney currently serving Person County in District 9 and by an assistant district attorney currently serving Caswell County in District 17A.

(o)       Subsections (l) through (n) of this section become effective November 1, 1993, or the date upon which subsections (l) and (m) of this section are approved under Section 5 of the Voting Rights Act of 1965, whichever is later.

(p)       It is the intent of the General Assembly that Superior Court District 17A, District Court District 17A, and Prosecutorial District 17A, as altered by this section, shall remain single-county districts, pursuant to the authority of the General Assembly under Article IV of the North Carolina Constitution to divide the State into a convenient number of districts.

 

Requested by: Senator Odom, Representatives Holt, Gist

ADD ADDITIONAL SUPERIOR COURT JUDGES/SPECIAL SUPERIOR COURT JUDGES

Sec. 200.5.  (a) G.S. 7A-41(a) reads as rewritten:

"(a)      The counties of the State are organized into judicial divisions and superior court districts, and each superior court district has the counties, and the number of regular resident superior court judges set forth in the following table, and for districts of less than a whole county, as set out in subsection (b) of this section:

Superior

Judicial           Court                                                                          No. of Resident

Division          District                       Counties                                    Judges

 

First                1                                  Camden, Chowan,                            2

Currituck,

Dare, Gates,

Pasquotank,

Perquimans

2                                  Beaufort, Hyde,                               1

Martin,

Tyrrell, Washington

3A                               Pitt                                                    2

3B                               Carteret, Craven,                             1 2

Pamlico

4A                               Duplin, Jones,                                  1

Sampson

4B                               Onslow                                             1

5                                  New Hanover,                                  3

Pender

6A                               Halifax                                             1

6B                               Bertie, Hertford,                             1

Northampton

7A                               Nash                                                 1

7B                               (part of Wilson,                               1

part of Edgecombe,

see subsection (b))

7C                               (part of Wilson,                               1

part of Edgecombe,

see subsection (b))

8A                               Lenoir and Greene                          1

8B                               Wayne                                              1

Second            9                                  Franklin, Granville,                         2

Person,

Vance, Warren

10A                             (part of Wake,                                 1 2

see subsection (b))

10B                             (part of Wake,                                 2

see subsection (b))

10C                             (part of Wake,                                 1

see subsection (b))

10D                             (part of Wake,                                 1

see subsection (b))

11                                Harnett, Johnston,                           2

Lee

12A                             (part of Cumberland,                       1

see subsection (b))

12B                             (part of Cumberland,                       1

see subsection (b))

12C                             (part of Cumberland,                       2

see subsection (b))

13                                Bladen, Brunswick,                         2

Columbus

14A                             (part of Durham,                              1

see subsection (b))

14B                             (part of Durham,                              3

see subsection (b))

15A                             Alamance                                         1 2

15B                             Orange, Chatham                             1

16A                             Scotland, Hoke                                1

16B                             Robeson                                           2

Third               17A                             Caswell, Rockingham                     2

17B                             Stokes, Surry                                   1 2

18A                             (part of Guilford,                            1

see subsection (b))

18B                             (part of Guilford,                            1

see subsection (b))

18C                             (part of Guilford,                            1

see subsection (b))

18D                             (part of Guilford,                            1

see subsection (b))

18E                             (part of Guilford,                            1

see subsection (b))

19A                             Cabarrus                                           1

19B                             Montgomery,                                   1

Randolph

19C                             Rowan                                              1

20A                             Anson, Moore,                                2

Richmond

20B                             Stanly, Union                                   1 2

21A                             (part of Forsyth,                              1

see subsection (b))

21B                             (part of Forsyth,                              1

see subsection (b))

21C                             (part of Forsyth,                              1

see subsection (b))

21D                             (part of Forsyth,                              1

see subsection (b))

22                                Alexander, Davidson,                      2

Davie, Iredell

23                                Alleghany, Ashe,                             1

Wilkes, Yadkin

Fourth             24                                Avery, Madison,                              1

Mitchell,

Watauga, Yancey

25A                             Burke, Caldwell                               2

25B                             Catawba                                            1 2

26A                             (part of Mecklenburg,                     2

see subsection (b))

26B                             (part of Mecklenburg,                     2

see subsection (b))

26C                             (part of Mecklenburg,                     2

see subsection (b))

27A                             Gaston                                              2

27B                             Cleveland, Lincoln                          1

28                                Buncombe                                        2

29                                Henderson,                                      2

McDowell, Polk,

Rutherford,

Transylvania

30A                             Cherokee, Clay,                               1

Graham, Macon,

Swain

30B                             Haywood, Jackson                          1".

(b)       The Governor shall appoint superior court judges for the additional judgeships in superior court districts 3B, 10A, 15A, 17B, 20B, and 25B.  For superior court districts 3B, 15A, and 17B, successors shall be elected in the 1994 general election for eight-year terms.  For superior court district 10A, the successor shall be elected in the 1994 general election to serve the remainder of the unexpired term expiring December 31, 1996.  For superior court districts 20B and 25B, successors shall be elected in the 1994 general election to serve the remainder of the unexpired terms expiring December 31, 1998. This is to provide unstaggered terms for multiple judgeships in the same district.

(c)       Subsections (a) and (b) of this section become effective November 1, 1993, or the date upon which those subsections are approved under Section 5 of the Voting Rights Act of 1965, whichever is later.

(d)       Effective January 1, 1995, G.S. 7A-41(a), as rewritten by Section 200.4(a) of this act and by subsection (a) of this section,  reads as rewritten:

"(a)      The counties of the State are organized into judicial divisions and superior court districts, and each superior court district has the counties, and the number of regular resident superior court judges set forth in the following table, and for districts of less than a whole county, as set out in subsection (b) of this section:

Superior

Judicial             Court                                                                        No. of Resident

Division            District             Counties                                             Judges

 

First                  1                        Camden, Chowan,                                   2

Currituck,

Dare, Gates,

Pasquotank,

Perquimans

2                        Beaufort, Hyde,                                      1

Martin,

Tyrrell, Washington

3A                     Pitt                                                           2

3B                     Carteret, Craven,                                    2

Pamlico

4A                     Duplin, Jones,                                         1

Sampson

4B                     Onslow                                                    1

5                        New Hanover,                                         3

Pender

6A                     Halifax                                                     1

6B                     Bertie, Hertford,                                    1

Northampton

7A                     Nash                                                         1

7B                     (part of Wilson,                                      1

part of Edgecombe,

see subsection (b))

7C                     (part of Wilson,                                      1

part of Edgecombe,

see subsection (b))

8A                     Lenoir and Greene                                 1

8B                     Wayne                                                     1

Second              9                        Franklin, Granville,                                2

Vance, Warren

9A                     Person, Caswell                                      1

10A                   (part of Wake,                                         2

see subsection (b))

10B                   (part of Wake,                                         2

see subsection (b))

10C                   (part of Wake,                                         1

see subsection (b))

10D                   (part of Wake,                                         1

see subsection (b))

11                      Harnett, Johnston,                                  2

Lee

12A                   (part of Cumberland,                              1

see subsection (b))

12B                   (part of Cumberland,                              1

see subsection (b))

12C                   (part of Cumberland,                              2

see subsection (b))

13                      Bladen, Brunswick,                                2

Columbus

14A                   (part of Durham,                                     1

see subsection (b))

14B                   (part of Durham,                                     3

see subsection (b))

15A                   Alamance                                                2

15B                   Orange, Chatham                                    1

16A                   Scotland, Hoke                                       1

16B                   Robeson                                                  2

Third                 17A                   Rockingham                                            2

17B                   Stokes, Surry                                          2

18A                   (part of Guilford,                                    1

see subsection (b))

18B                   (part of Guilford,                                    1

see subsection (b))

18C                   (part of Guilford,                                    1

see subsection (b))

18D                   (part of Guilford,                                    1

see subsection (b))

18E                   (part of Guilford,                                    1

see subsection (b))

19A                   Cabarrus                                                  1

19B                   Montgomery,                                          1

Randolph

19C                   Rowan                                                      1

20A                   Anson, Moore,                                        2

Richmond

20B                   Stanly, Union                                          2

21A                   (part of Forsyth,                                     1

see subsection (b))

21B                   (part of Forsyth,                                     1

see subsection (b))

21C                   (part of Forsyth,                                     1

see subsection (b))

21D                   (part of Forsyth,                                     1

see subsection (b))

22                      Alexander, Davidson,                             2

Davie, Iredell

23                      Alleghany, Ashe,                                     1

Wilkes, Yadkin

Fourth               24                      Avery, Madison,                                     1

Mitchell,

Watauga, Yancey

25A                   Burke, Caldwell                                      2

25B                   Catawba                                                   2

26A                   (part of Mecklenburg,                            2

see subsection (b))

26B                   (part of Mecklenburg,                            2

see subsection (b))

26C                   (part of Mecklenburg,                            2

see subsection (b))

27A                   Gaston                                                     2

27B                   Cleveland, Lincoln                                 1 2

28                      Buncombe                                               2

29                      Henderson,                                              2

McDowell, Polk,

Rutherford,

Transylvania

30A                   Cherokee, Clay,                                      1

Graham, Macon,

Swain

30B                   Haywood, Jackson                                  1".

(e)       The additional superior court judge for superior court district 27B shall be elected in the 1994 general election for an eight-year term.

(f)        Subsection (d) of this section becomes effective January 1, 1995, but the election shall be held in 1994 as provided by law.

(g)       .S. 7A-45.1(a) reads as rewritten:

"(a)      Effective November 1, 1993, the Governor may appoint two special superior court judges to serve terms expiring December 31, 1998.  Successors to the special superior court judges appointed pursuant to this subsection shall be appointed to four-year terms.  The Governor may appoint two special superior court judges.   A special judge takes the same oath of office and is subject to the same requirements and disabilities as are or may be prescribed by law for regular judges of the superior court, save the requirement of residence in a particular district. Appointments made under this section shall be to terms of office beginning August 1, 1987, and expiring December 31, 1990."

(h)       Nothing in subsection (g) of this section shall affect the term of office of the special superior court judge whose term was extended by Section 124 of Chapter 1066 of the 1989 Session Laws.

 

Requested by: Senator Odom, Representatives Holt, Gist

ADD ADDITIONAL DISTRICT COURT JUDGES

Sec. 200.6.  (a) G.S. 7A-133 reads as rewritten:

" 7A-133.  Numbers of judges by districts; numbers of magistrates and additional seats of court, by counties.

Each district court district shall have the numbers of judges and each county within the district shall have the numbers of magistrates and additional seats of court, as set forth in the following table:

 

Additional

Magistrates      Seats of

District     Judges                     County                             Min.-Max.         Court

 

1                34                       Camden                               1      2

Chowan                                2      3

Currituck                             1      2

Dare                                     3      8

Gates                                   2      3

Pasquotank                          3      4

Perquimans                         2      3

2                3                         Martin                                  5      8

Beaufort                              4      8

Tyrrell                                 1      3

Hyde                                    2      4

Washington                         3      4

3A             3                         Pitt                                       10    12            Farmville

Ayden

3B             4                         Craven                                 7      10            Havelock

Pamlico                               2      3

Carteret                               5      8

4                6                         Sampson                              6      8

Duplin                                  9      11

Jones                                   2      3

Onslow                                8      14

5                6                         New Hanover                      6      11

Pender                                 4      6

6A             2                         Halifax                                 9      14            Roanoke

Rapids,

Scotland Neck

6B             2                         Northampton                       5      6

Bertie                                  4      5

Hertford                              5      6

7                6                         Nash                                     7      10            Rocky Mount

Edgecombe                         4      6              Rocky Mount

Wilson                                 4      6

8                56                       Wayne                                 5      11            Mount Olive

Greene                                 2      4

Lenoir                                  4      10            La Grange

9                5                         Person                                 3      4

Granville                             3      7

Vance                                   3      5

Warren                                3      4

Franklin                               3      6

10              1112                  Wake                                   12    20            Apex,

Wendell,

Fuquay-

Varina,

Wake (Forest

11              6                         Harnett                                7      11            Dunn

Johnston                              10    12            Benson,

Clayton

and Selma

Lee                                       4      6

12              67                       Cumberland                         10    17

13              4                         Bladen                                 4      6

Brunswick                           4      7

Columbus                            6      8              Tabor City

14              5                         Durham                                8      12

15A           3                         Alamance                            7      10            Burlington

15B           3                         Orange                                 4      11            Chapel Hill

Chatham                              3      8              Siler City

16A           2                         Scotland                              3      5

Hoke                                    4      5

16B           5                         Robeson                              8      16            Fairmont,

Maxton,

Pembroke,

Red Springs,

Rowland,

St. Pauls

17A           3                         Caswell                                2      5

Rockingham                        4      9              Reidsville,

Eden,

Madison

17B           3                         Stokes                                  2      5

Surry                                    5      8              Mt. Airy

18              1011                  Guilford                              20    26            High Point

19A           2                         Cabarrus                              5      9              Kannapolis

19B           3                         Montgomery                       2      4

Randolph                             5      8              Liberty

19C           2                         Rowan                                  5      10

20              6                         Stanly                                   5      6

Union                                   4      6

Anson                                  4      5

Richmond                            5      6              Hamlet

Moore                                 5      8              Southern

Pines

21              7                         Forsyth                                3      15            Kernersville

22              6                         Alexander                            2      3

Davidson                             7      10            Thomasville

Davie                                   2      3

Iredell                                  4      8              Mooresville

23              3                         Alleghany                            1      2

Ashe                                     3      4

Wilkes                                 4      6

Yadkin                                 3      5

24              3                         Avery                                   3      4

Madison                              4      5

Mitchell                              3      4

Watauga                               4      6

Yancey                                 2      4

25              7                         Burke                                   4      7

Caldwell                              4      7

Catawba                               6      9              Hickory

26              13                       Mecklenburg                       15    26

27A           5                         Gaston                                 11    20

27B           4                         Cleveland                            5      8

Lincoln                                4      6

28              5                         Buncombe                           6      15

29              4                         Henderson                           4      6

McDowell                           3      4

Polk                                     3      4

Rutherford                          6      8

Transylvania                        2      4

30              34                       Cherokee                             3      4

Clay                                     1      2

Graham                                2      3

Haywood                             5      7              Canton

Jackson                                3      4

Macon                                 3      4

Swain                                   2      3."

(b)       The Governor shall appoint additional district court judges for district court districts 1, 8, 10, 12, 18, and 30 as authorized by subsection (a) of this section.  Their successors shall be elected in the 1996 general election for four-year terms commencing the first Monday in December 1996.

(c)       Subsections (a) and (b) of this section become effective November 1, 1993, or fifteen days after the date upon which those subsections are approved under Section 5 of the Voting Rights Act of 1965, whichever is later.

(d)       Effective December 1, 1994, G.S. 7A-133, as rewritten by Section 200.4(e) of this act and by subsection (a) of this section, reads as rewritten:

" 7A-133.  Numbers of judges by districts; numbers of magistrates and additional seats of court, by counties.

Each district court district shall have the numbers of judges and each county within the district shall have the numbers of magistrates and additional seats of court, as set forth in the following table:

 

Additional

Magistrates       Seats of

District     Judges                     County                             Min.-Max.            Court

 

1                4                         Camden                               1       2

Chowan                                2       3

Currituck                             1       2

Dare                                     3       8

Gates                                   2       3

Pasquotank                          3       4

Perquimans                         2       3

2                3                         Martin                                  5       8

Beaufort                              4       8

Tyrrell                                 1       3

Hyde                                    2       4

Washington                         3       4

3A             34                       Pitt                                       10     12        Farmville

Ayden

3B             4                         Craven                                 7       10        Havelock

Pamlico                               2       3

Carteret                               5       8

4                6                         Sampson                              6       8

Duplin                                  9       11

Jones                                   2       3

Onslow                                8       14

5                6                         New Hanover                      6       11

Pender                                 4       6

6A             2                         Halifax                                 9       14        Roanoke

Rapids,

Scotland Neck

6B             23                       Northampton                       5       6

Bertie                                  4       5

Hertford                              5       6

7                6                         Nash                                     7       10        Rocky Mount

Edgecombe                         4       6          Rocky Mount

Wilson                                 4       6

8                6                         Wayne                                 5       11        Mount Olive

Greene                                 2       4

Lenoir                                  4       10        La Grange

9                4                         Granville                             3       7

Vance                                   3       5

Warren                                3       4

Franklin                               3       6

9A             2                         Person                                 3       4

Caswell                                2       5

10              12                       Wake                                   12     20        Apex,

Wendell,

Fuquay-

Varina,

Wake Forest

11              6                         Harnett                                7       11        Dunn

Johnston                              10     12        Benson,

Clayton

and Selma

Lee                                       4       6

12              7                         Cumberland                         10     17

13              4                         Bladen                                 4       6

Brunswick                           4       7

Columbus                            6       8          Tabor City

14              5                         Durham                                8       12

15A           3                         Alamance                            7       10        Burlington

15B           3                         Orange                                 4       11        Chapel Hill

Chatham                              3       8          Siler City

16A           2                         Scotland                              3       5

Hoke                                    4       5

16B           5                         Robeson                              8       16        Fairmont,

Maxton,

Pembroke,

Red Springs,

Rowland,

St. Pauls

17A           2                         Rockingham                        4       9          Reidsville,

Eden,

Madison

17B           3                         Stokes                                  2       5

Surry                                    5       8          Mt. Airy

18              11                       Guilford                              20     26        High Point

19A           23                       Cabarrus                              5       9          Kannapolis

19B           3                         Montgomery                       2       4

Randolph                             5       8          Liberty

19C           23                       Rowan                                  5       10

20              67                       Stanly                                   5       6

Union                                   4       6

Anson                                  4       5

Richmond                            5       6          Hamlet

Moore                                 5       8          Southern

Pines

21              7                         Forsyth                                3       15        Kernersville

22              67                       Alexander                            2       3

Davidson                             7       10        Thomasville

Davie                                   2       3

Iredell                                  4          8       Mooresville

23              3                         Alleghany                            1       2

Ashe                                     3       4

Wilkes                                 4       6

Yadkin                                 3       5

24              3                         Avery                                   3       4

Madison                              4       5

Mitchell                              3       4

Watauga                               4       6

Yancey                                 2       4

25              7                         Burke                                   4       7

Caldwell                              4       7

Catawba                               6       9          Hickory

26              1314                  Mecklenburg                       15     26

27A           5                         Gaston                                 11     20

27B           4                         Cleveland                            5       8

Lincoln                                4       6

28              5                         Buncombe                      &nbs