GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

H                                                                                                                                                   2

HOUSE BILL 200

Committee Substitute Favorable 4/26/11

 

Short Title:        Appropriations Act of 2011.

(Public)

Sponsors:

 

Referred to:

 

March 2, 2011

A BILL TO BE ENTITLED

AN ACT TO MAKE revenue modifications to support BASE BUDGET APPROPRIATIONS FOR CURRENT OPERATIONS OF STATE DEPARTMENTS, INSTITUTIONS, AND AGENCIES.

The General Assembly of North Carolina enacts:

 

parts i-XXIX:  Reserved

 

part  XXX:  Capital projects

 

UNC Non-GENERAL FUND Capital Projects

SECTION 30.7.(a)  The purpose of this section is (i) to authorize the planning or construction by certain constituent institutions of The University of North Carolina of the capital improvements projects listed in this section for the respective institutions and (ii) to authorize the financing of these projects with funds available to the institutions from gifts, grants, receipts, self-liquidating indebtedness, Medicare reimbursements for education costs, hospital receipts from patient care, or other funds, or any combination of these funds, but not including funds received for tuition or appropriated from the General Fund of the State.

SECTION 30.7.(b)  The capital improvements projects, and their respective costs, authorized by this section to be constructed and financed as provided in subsection (a) of this section, including by revenue bonds, by special obligation bonds as authorized in subsection (e) of this section, or by both, are as follows:

 

Appalachian State University

Winkler Residence Hall Renovation                                                                        $ 11,805,000

 

East Carolina University

Athletic Facilities Expansion and Improvement - Phase 4

Auxiliary Practice Gymnasium                                                                                    15,000,000

 

Fayetteville State University

Rudolph Jones Student Center Expansion and Renovation                                          23,289,021

 

North Carolina A&T State University

New Health Center                                                                                                   10,000,000

 

North Carolina Central University

Chidley Residence Hall Expansion and Renovation                                                     41,193,000

 

North Carolina State University

Centennial Campus Housing Complex                                                                     129,000,000

Lee Residence Hall and Sullivan Residence Hall                                                           6,000,000

 

The University of North Carolina at Chapel Hill

Carolina Inn Renovation - Phase 2                                                                              9,000,000

Woollen Gymnasium Renovation - Phase 2                                                                 2,650,000

 

The University of North Carolina at Charlotte

New Residence Hall - Phase X                                                                                 31,045,802

New Residence Hall - Phase XI                                                                                40,837,005

Residence Dining Hall Replacement                                                                           29,176,738

Parking Deck J                                                                                                         27,418,000

 

The University of North Carolina at Greensboro

Student Recreation Center                                                                                         91,000,000

Tower Village II Residence Hall Acquisition                                                               34,500,000

Campus Police Building                                                                                             10,030,000

Village Parking Deck                                                                                                 10,877,000

 

The University of North Carolina at Pembroke

Student Health Services Comprehensive Renovation and Addition                                3,950,000

 

Western Carolina University

Walker Residence Hall Expansion and Renovation                                                     17,289,000

 

SECTION 30.7.(c)  The capital improvements projects, and their respective costs, authorized by this section to be planned and financed as provided in subsection (a) of this section, including by revenue bonds, by special obligation bonds as authorized in subsection (e) of this section, or by both, are as follows:

 

The University of North Carolina at Chapel Hill

Mary Ellen Jones Renovation - Phase 1                                                                    $ 4,000,000

Research Building at Carolina North                                                                            6,000,000

 

The University of North Carolina at Charlotte

New Residence Hall - Phase XII                                                                                3,840,741

Cedar, Hickory, and Sycamore Residence Halls Renovation                                           750,000

 

SECTION 30.7.(d)  At the request of the Board of Governors of The University of North Carolina and upon determining that it is in the best interest of the State to do so, the Director of the Budget may authorize an increase or decrease in the cost of, or a change in the method of, funding the projects authorized by this section. In determining whether to authorize a change in cost or funding, the Director of the Budget may consult with the Joint Legislative Commission on Governmental Operations.

SECTION 30.7.(e)  Pursuant to G.S. 116D-26, the Board of Governors may issue, subject to the approval of the Director of the Budget, at one time or from time to time, special obligation bonds of the Board of Governors for the purpose of paying all or any part of the cost of acquiring, constructing, or providing for the projects authorized by subsections (b) and (c) of this section. The maximum principal amount of bonds to be issued shall not exceed the specified project costs in subsections (b) and (c) of this section plus five percent (5%) of such amount to pay issuance expenses, fund reserve funds, pay capitalized interest, and pay other related additional costs, plus any increase in the specific project costs authorized by the Director of the Budget pursuant to subsection (d) of this section.

SECTION 30.7.(f)  This section is effective when it becomes law.

 

part XXXI:  Fees

 

Education/Driver Education Reform

SECTION 31.1.(a)  Subsections (a), (b), and (b1) of G.S. 20-88.1 are recodified as subsections (a), (d), and (e), respectively, of a new section G.S. 115C-215.1, in Article 14 of Chapter 115C of the General Statutes to be entitled "Administration of driver education program by the Department of Public Instruction."

SECTION 31.1.(b)  G.S. 20-11(b) reads as rewritten:

"(b)      Level 1. - A person who is at least 15 years old but younger than 18 years old may obtain a limited learner's permit if the person meets all of the following requirements:

(1)        Passes a course of driver education prescribed in G.S. 20-88.1 G.S. 115C-215.1 or a course of driver instruction at a licensed commercial driver training school.

(2)        Passes a written test administered by the Division.

(3)        Has a driving eligibility certificate or a high school diploma or its equivalent."

SECTION 31.1.(c)  G.S. 20-88.1, as amended by subsection (a) of this section, reads as rewritten:

" 20-88.1.  Driver education.

(a) through (b1)      Recodified.

(c)        All expenses Expenses incurred by the State in carrying out the provisions of this section the driver education program administered by the Department of Public Instruction in accordance with G.S. 115C-215.1 shall be paid out of the Highway Fund. Fund based on an annual appropriation by the General Assembly.

(d)        The Division shall prepare a driver license handbook that explains the traffic laws of the State and shall periodically revise the handbook to reflect changes in these laws. At the request of the Department of Education, Public Instruction, the Division shall provide free copies of the handbook to that Department for use in the program of driver education offered at public high schools."

SECTION 31.1.(d)  G.S. 20-322(b) reads as rewritten:

"(b)      Regulations adopted by the Commissioner shall state the requirements for a school license, including requirements concerning location, equipment, courses of instruction, instructors, financial statements, schedule of fees and charges, character and reputation of the operators, insurance, bond or other security in such sum and with such provisions as the Commissioner deems necessary to protect adequately the interests of the public, and such other matters as the Commissioner may prescribe. A driver education course offered to prepare an individual for a limited learner's permit or another provisional license must meet the requirements set in G.S. 20-88.1 G.S. 115C-215.1 for the program of driver education offered in the public schools."

SECTION 31.1.(e)  G.S. 115C-215 is repealed.

SECTION 31.1.(f)  G.S. 115C-215.1, as enacted by subsection (a) of this section, reads as rewritten:

" 115C-215.1.  Administration of driver education program by the Department of Public Instruction.

(a)        In accordance with criteria and standards approved by the State Board of Education, the State Superintendent of Public Instruction shall organize and administer a standardized program of driver education to be offered at the public high schools of this State for all physically and mentally qualified persons who (i) are older than 14 years and six months, (ii) are approved by the principal of the school, pursuant to rules adopted by the State Board of Education, (iii) are enrolled in a public or private high school within the State, State or are receiving instruction through a home school as provided in Part 3 of Article 39 of Chapter 115C of the General Statutes, and (iv) have not previously enrolled in the program. The State Board of Education shall use for such purpose all funds appropriated to it for said purpose, and may use all other funds that become available for its use for said purpose.

(b)        The driver education program established pursuant to this section must include the following:

(1)        Instruction on the rights and privileges of the handicapped and the signs and symbols used to assist the handicapped relative to motor vehicles, including the "international symbol of accessibility" and other symbols and devices as provided in Article 2A of this Chapter. Chapter 20 of the General Statutes.

(2)        At least six hours of instruction on the offense of driving while impaired and related subjects.

(3)        At least six hours of actual driving experience. To the extent practicable, this experience may include at least one hour of instruction on the techniques of defensive driving.

(4)        At least one hour of motorcycle safety awareness training.

(c)        The State Board of Education shall establish and implement a strategic plan for the driver education program. At a minimum, the strategic plan shall consist of goals and performance indicators, including the number of program participants as compared to the number of persons projected to be eligible to participate in the program, the implementation of a standard curriculum for the program, expenditures for the program, and the success rate of program participants in receiving a drivers license as reported by the Division of Motor Vehicles. The strategic plan shall also outline specific roles and duties of an advisory committee consisting of employees of the Division of Motor Vehicles and the Department of Public Instruction and other stakeholders in driver education.

(d)        The State Board of Education shall adopt a salary range for driver education instructors who are public school employees and who do not hold teacher certificates.

Driver education instructors who are public school employees and who hold teacher certificates shall be paid on the teacher salary schedule. A day of employment for driver education instructors who hold teacher certificates shall be the same number of hours required of all regular classroom teachers as established by the local board of education.

(e)        The State Board of Education shall adopt rules to permit local boards of education to enter contracts with public or private entities to provide a program of driver education at public high schools. All driver education instructors shall meet the requirements established by the State Board of Education; provided, however, driver education instructors shall not be required to hold teacher certificates."

SECTION 31.1.(g)  G.S. 115C-216 reads as rewritten:

" 115C-216.  Boards of education required to provide courses in operation of motor vehicles.

(a)        Course of Training and Instruction Required in Public High Schools. - The State Board of Education and local Local boards of education are required to provide as a part of the program of the public high schools in this State a course of training and instruction in the operation of motor vehicles, in accordance with G.S. 20-88.1. shall offer noncredit driver education courses in high schools using the standardized curriculum provided by the Department of Public Instruction.

(b)        Inclusion of Expense in Budget. - The local boards of education of every local school administrative unit are hereby authorized to shall include as an item of instructional service and as a part of the current expense fund of the budget of the several high schools under their supervision, the expense necessary to install and maintain such a course of training and instructing eligible persons in such schools in the operation of motor vehicles. to offer the driver education course.

(c) to (f)     Repealed by Session Laws 1991, c. 689, s. 32(c).

(g)        Fee for Instruction. - The local boards of education may charge each student participating in driver education a fee of up to seventy-five dollars ($75.00) to offset the costs of providing the training and instruction."

 

education/STATE BOARD AUTHORITY TO ESTABLISH GED TESTING FEES

SECTION 31.2.  G.S. 115D-5(s) reads as rewritten:

"(s)       The State Board of Community Colleges may establish, retain and budget fees charged to students taking the General Education Development (GED) test. test, including fees for retesting. Fees collected for this purpose shall be used only to (i) offset the costs of the GED test, including the cost of scoring the test, (ii) offset the costs of printing GED certificates, and (iii) meet federal and State reporting requirements related to the test."

 

education/NORTH CAROLINA VIRTUAL PUBLIC SCHOOLS ALLOTMENT FORMULA

SECTION 31.3.(a)  The State Board of Education shall implement an allotment formula for the North Carolina Virtual Public Schools (NCVPS) beginning with the 2011-2012 school year. In accordance with Section 7.16 of S.L. 2006-66, the allotment formula shall create a sustainable source of funding that increases commensurate with student enrollment and recognizes "the extent to which projected enrollment in e-learning courses affects funding required for other allotments that are based on average daily membership."

SECTION 31.3.(b)  The State Board shall use only funds provided through the North Carolina Virtual Public Schools Allotment Formula to fund NCVPS.

SECTION 31.3.(c)  The Department of Public Instruction shall take the following steps to implement the North Carolina Virtual Public Schools Allotment Formula:

(1)        Project NCVPS student enrollment by semester and year-long course types for each local school administrative unit and charter school.

(2)        Establish a per course fee for each course type.

(3)        Multiply the projected NCVPS student enrollment by semester and year-long course for each local school administrative unit and charter school type by the per course fees to determine the total NCVPS cost for each local school administrative unit and charter school.

(4)        Transfer a dollar amount equal to the local school administrative unit's or charter school's total NCVPS cost to NCVPS. For local school administrative units, funds shall be transferred from the classroom teacher allotment to NCVPS. For charter schools, the allotment of State funds will be reduced and transferred to NCVPS.

SECTION 31.3.(d)  NCVPS shall use the funds transferred to it to provide the NCVPS program at no cost to all students in North Carolina who are enrolled in North Carolina's public schools, Department of Defense schools, and schools operated by the Bureau of Indian Affairs.

SECTION 31.3.(e)  NCVPS shall provide only high school courses and shall not provide any courses in physical education.

SECTION 31.3.(f)  The State Board shall establish a separate per student fee structure for out-of-state students, private school students, and home-schooled students. For the 2011-2012 school year, NCVPS shall provide specific instructions on its Web site, describing the steps required for such students to enroll in NCVPS courses and all applicable fees.

Beginning with the 2012-2013 school year, NCVPS shall provide an online process by which such students can enroll in NCVPS courses online.

SECTION 31.3.(g)  The Board shall direct NCVPS to develop a plan to generate revenue from the sale of courses to out-of-state educational entities. NCVPS shall submit its plan to the Board by September 15, 2011.

SECTION 31.3.(h)  The Director of NCVPS shall continue to ensure that:

(1)        Course quality standards are established and met.

(2)        All e-learning opportunities offered by State-funded entities, other than charter schools, to public school students are consolidated under the North Carolina Virtual Public School program, eliminating course duplication.

(3)        All courses offered through NCVPS are aligned to the North Carolina Standard Course of Study.

SECTION 31.3.(i)  Funds for the administration of NCVPS shall be capped at a maximum of fifteen percent (15%) per year of the funds transferred to NCVPS.

 

ner/commerce/SET REGULATORY FEE FOR UTILITIES COMMISSION

SECTION 31.4.(a)  The percentage rate to be used in calculating the public utility regulatory fee under G.S. 62-302(b)(2) is twelve-hundredths of one percent (0.12%) for each public utility's North Carolina jurisdictional revenues earned during each quarter that begins on or after July 1, 2011.

SECTION 31.4.(b)  The electric membership corporation regulatory fee imposed under G.S. 62-302(b1) for the 2011-2012 fiscal year is two hundred thousand dollars ($200,000).

SECTION 31.4.(c) This section becomes effective July 1, 2011.

 

ner/agriculture/Increase Fees For Pet Shops, Auctions, Kennels, and Dealers

SECTION 31.5.(a)  G.S. 19A-27 reads as rewritten:

" 19A-27.  License required for operation of pet shop.

No person shall operate a pet shop unless a license to operate such establishment shall have been granted by the Director. Application for such license shall be made in the manner provided by the Director. The license shall be for the fiscal year and the license fee shall be fifty dollars ($50.00)seventy-five dollars ($75.00) for each license period or part thereof beginning with the first day of the fiscal year."

SECTION 31.5.(b)  G.S. 19A-28 reads as rewritten:

" 19A-28.  License required for public auction or boarding kennel.

No person shall operate a public auction or a boarding kennel unless a license to operate such establishment shall have been granted by the Director. Application for such license shall be made in the manner provided by the Director. The license period shall be the fiscal year and the license fee shall be fifty dollars ($50.00)seventy-five dollars ($75.00) for each license period or part thereof beginning with the first day of the fiscal year."

SECTION 31.5.(c)  G.S. 19A-29 reads as rewritten:

" 19A-29.  License required for dealer.

No person shall be a dealer unless a license to deal shall have been granted by the Director to such person. Application for such license shall be in the manner provided by the Director. The license period shall be the fiscal year and the license fee shall be fifty dollars ($50.00)seventy-five dollars ($75.00) for each license period or part thereof, beginning with the first day of the fiscal year."

 

ner/agriculture/Repeal Board of Agriculture review of Fee Schedules

SECTION 31.6.  G.S. 106-6.1(b) is repealed.

 

ner/agriculture/Fees for Out-of-State Soil tests and Expedited Soil Tests

SECTION 31.7.  G.S. 106-22 reads as rewritten:

" 106-22.  Joint duties of Commissioner and Board.

The Commissioner of Agriculture, by and with the consent and advice of the Board of Agriculture shall:

(17)      Agronomic Testing. - Provide agronomic testing services and charge reasonable fees for plant analysis andanalysis, nematode testing.testing, out-of-state soil testing, and expedited soil testing. The Board shall charge at least four dollars ($4.00) for plant analysis andanalysis, at least two dollars ($2.00) for nematode testing.testing, at least five dollars ($5.00) for out-of-state soil testing, and at least one hundred dollars ($100.00) for expedited soil testing."

 

ner/agriculture/Technical corrections regarding commercial fertilizer inspection fee and pesticide technician identification card renewal fee

SECTION 31.8.(a)  G.S. 106-671(b) reads as rewritten:

"(b)      Reporting System. - Each manufacturer, importer, jobber, firm, corporation or person who distributes commercial fertilizers in this State shall make application to the Commissioner for a permit to report the tonnage of commercial fertilizer sold and shall pay to the North Carolina Department of Agriculture and Consumer Services an inspection fee of twenty-five cents (25)fifty cents (50) per ton. The Commissioner is authorized to require each such distributor to keep such records as may be necessary to indicate accurately the tonnage of commercial fertilizers sold in the State, and as are satisfactory to the Commissioner. Such records shall be available to the Commissioner, or his duly authorized representative, at any and all reasonable hours for the purpose of making such examination as is necessary to verify the tonnage statement and the inspection fees paid. Each registrant shall report monthly the tonnage sold to non-registrants on forms furnished by the Commissioner. Such reports shall be made and inspection fees shall be due and payable monthly on the fifteenth of each month covering the tonnage and kind of commercial fertilizers sold during the past month. If the report is not filed and the inspection fee paid by the last day of the month it is due, the amount due shall bear a penalty of ten percent (10%), which shall be added to the inspection fee due. If the report is not filed and the inspection fee paid within 60 days of the date due, or if the report or tonnage be false, the Commissioner may revoke the permit."

SECTION 31.8.(b)  G.S. 106-65.31(b1) reads as rewritten:

"(b1)    Registration. - Within 75 days after the hiring of an employee who is either an estimator, salesman, serviceman, or solicitor, the licensee shall apply to the Division for the issuance of an identification card for such employee. The application must be accompanied by a fee of forty dollars ($40.00) for each card. The card shall be issued in the name of the employee and shall bear the name of the employing licensee, the employer's license number and phases, the name and address of the employer's business, and such other information as the Committee may specify. The identification card shall be carried by the employee on his person at all times while performing any phase of structural pest control work. The card must be displayed upon demand by the Commissioner, the Committee, the Division, or any representative thereof, or the person for whom any phase of structural pest control work is being performed. A registered technician's identification card must be renewed annually on or before June 30 by payment of a renewal fee of twenty-five dollars ($25.00).forty dollars ($40.00). If a card is lost or destroyed the licensee may secure a duplicate for a fee of five dollars ($5.00).The licensee shall notify the Division of the termination or change in status of any registered technician. All identification cards expire when a license expires."

 

ner/agriculture/Increase Agricultural Liming Materials Tonnage Fees

SECTION 31.9.  G.S. 106-92.8 reads as rewritten:

" 106-92.8.  Tonnage fees: reporting system.

For the purpose of defraying expenses connected with the registration, inspection and analysis of the materials coming under this Article, each manufacturer or registrant shall pay to the Department of Agriculture and Consumer Services tonnage fees in addition to registration fees as follows: for agricultural liming material, ten cents (10)fifty cents (50) per ton; for landplaster, ten cents (10)fifty cents (50) per ton; excepting that these fees shall not apply to materials which are sold to fertilizer manufacturers for the sole purpose for use in the manufacture of fertilizer or to materials when sold in packages of 10 pounds or less.

Any manufacturer, importer, jobber, firm, corporation or person who distributes materials coming under this Article in this State shall make application for a permit to report the materials sold and pay the tonnage fees as set forth in this section.

The Commissioner of Agriculture shall grant such permits on the following conditions: The applicant's agreement that he will keep such records as may be necessary to indicate accurately the tonnage of liming materials, etc., sold in the State and his agreement for the Commissioner or this authorized representative to examine such records to verify the tonnage statement. The registrant shall report quarterly and pay the applicable tonnage fees quarterly, on or before the tenth day of October, January, April, and July of each year. The report and payment shall cover the tonnage of liming materials, etc., sold during the preceding quarter. The report shall be on forms furnished by the Commissioner. If the report is not filed and the tonnage fees paid by the last day of the month in which it is due, or if the report be false, the amount due shall bear a penalty of ten percent (10%) which shall be added to the tonnage fees due. If the report is not filed and the tonnage fees paid within 60 days of the date due, or if the report or tonnage be false, the Commissioner may revoke the permit and cancel the registration."

 

ner/agriculture/Increase Antifreeze Distribution Registration Fee

SECTION 31.10.  G.S. 106-579.4 reads as rewritten:

" 106-579.4.  Registrations.

On or before the first day of July of each year, and before any antifreeze may be distributed for the permit year beginning July 1, the manufacturer, packager, or person whose name appears on the label shall make application to the Commissioner on forms provided by the latter for registration for each brand of antifreeze which he desires to distribute. The application shall be accompanied by specimens or facsimiles of labeling for all container sizes to be distributed, when requested by the Commissioner; a license and inspection fee of two hundred fifty dollars ($250.00)five hundred dollars ($500.00) for each brand of antifreeze and a properly labeled sample of the antifreeze shall also be submitted at this time. The Commissioner may inspect, test, or analyze the antifreeze and review the labeling. If the antifreeze is not adulterated or misbranded, if it meets the standards established and promulgated by the Board, and if the said antifreeze is not such a type or kind that is in violation of this Article, the Commissioner shall thereafter issue a written license or permit authorizing the sale of such antifreeze in this State for the fiscal year in which the license or inspection fee is paid. If the antifreeze is adulterated or misbranded, if it fails to meet standards promulgated by the Board, or is in violation of this Article or regulations thereunder, the Commissioner shall refuse to register the antifreeze, and he shall return the application to the applicant, stating how the antifreeze or labeling is not in conformity. If the Commissioner shall, at a later date, find that a properly registered antifreeze product has been materially altered or adulterated, or a change has been made in the name, brand or trademark under which the antifreeze is sold, or that it violates the provisions of this Article, or that it violates regulations, definitions or standards duly promulgated by the Board, he shall notify the applicant that the license authorizing sale of the antifreeze is canceled. No antifreeze license shall be canceled unless the registrant shall have been given an opportunity to be heard before the Commissioner or his duly designated agent and to modify his application in order to comply with the requirements of this Article and regulations, definitions, and standards promulgated by the Board. All fees received by the Commissioner shall be placed in the Department of Agriculture and Consumer Services fund for the purpose of supporting the antifreeze enforcement and testing program."

 

Ner/environment/Reduce Portion of Certificate of Title fees credited to Mercury Switch Removal Account

SECTION 31.11.  G.S. 20-85(a1) reads as rewritten:

"(a1)     One dollar ($1.00) of the fee imposed for any transaction assessed a fee under subdivision (a)(1), (a)(2), (a)(3), (a)(7), (a)(8), or (a)(9) of this section shall be credited to the North Carolina Highway Fund. The Division shall use the fees derived from transactions with the Division for technology improvements. The Division shall use the fees derived from transactions with commission contract agents for the payment of compensation to commission contract agents. An additional one dollar ($1.00)fifty cents (50) of the fee imposed for any transaction assessed a fee under subdivision (a)(1) of this section shall be credited to the Mercury Switch Removal Account in the Department of Environment and Natural Resources."

 

Ner/environment/Divert Scrap Tire Tax Proceeds to General Fund

SECTION 31.12.  Notwithstanding the provisions of G.S. 105-187.19(b), effective for taxes levied during the 2011-2012 fiscal year, the Secretary of Revenue shall credit to the General Fund the net tax proceeds that G.S. 105-187.19(b) directs the Secretary to credit to the Scrap Tire Disposal Account.

 

Ner/environment/Divert White Goods Tax Proceeds to General Fund

SECTION 31.13.  Notwithstanding the provisions of G.S. 105-187.24, effective for taxes levied during the 2011-2012 fiscal year, the Secretary of Revenue shall credit to the General Fund the net tax proceeds that G.S. 105-187.24 directs the Secretary to credit to the White Goods Management Account.

 

NER/Environment/Study Food and Lodging Fees and Their distribution between the State Program and the Locals Programs

SECTION 31.14.  The Fiscal Research Division of the North Carolina General Assembly must study the administration and financing of the State's food, lodging, and institution sanitation programs and rules.  The Fiscal Research Division must report its findings to the chairs of the NER Appropriations Subcommittee and the Finance Committee on or before May 1, 2012.  The study must include both of the following:

(1)        The fee amount necessary to cover the cost of the State program and the actual operating costs of the local health departments.

(2)        The most efficient manner to set, collect, and remit the fee between the State and local health departments.

 

Ner/environment/Additional uses of hazardous waste fees

SECTION 31.15.  G.S. 130A-294.1(b) reads as rewritten:

"(b)      Funds collected pursuant to this section shall be used for personnel and other resources necessary to:

(1)        Provide a high level of technical assistance and waste minimization effort for the hazardous waste management program;

(2)        Provide timely review of permit applications;

(3)        Insure that permit decisions are made on a sound technical basis and that permit decisions incorporate all conditions necessary to accomplish the purposes of this Part;

(4)        Improve monitoring and compliance of the hazardous waste management program;

(5)        Increase the frequency of inspections;

(6)        Provide chemical, biological, toxicological, and analytical support for the hazardous waste management program; and

(7)        Provide resources for emergency response to imminent hazards associated with the hazardous waste management program.

(8)        Implement and provide oversight of necessary response activities involving inactive hazardous substance or waste disposal sites.

(9)        Provide compliance and prevention activities within the solid waste program to ensure that hazardous waste is not disposed in solid waste management facilities.

 

NER/LABOR/REPEAL STATUTE REQUIRING BIENNIAL REVIEW OF FEES BY DEPARTMENT

SECTION 31.16.  G.S. 95-14.1 is repealed.

 

Ner/natural resources/Divert Portion of Deed Stamp Tax Revenue Source for Natural Heritage Trust Fund

SECTION 31.17.  Notwithstanding the provisions of G.S. 105-228.30(b) and G.S. 113-77.9, effective for taxes levied during the 2011-2012 fiscal year, the Secretary of Revenue shall credit the sum of eight million dollars ($8,000,000) to the General Fund of the net tax proceeds that G.S. 105-228.30(b) directs the Secretary to credit to the Natural Heritage Trust Fund.

 

Ner/natural resources/Parks and Recreation Trust Fund; Allocation of Deed Stamp Tax Proceeds Credited to Fund

SECTION 31.18.(a)  Notwithstanding the provisions of G.S. 113-44.15(b), effective for taxes levied during the 2011-2012 fiscal year, the net tax proceeds that are credited to the Parks and Recreation Trust Fund by the Secretary of Revenue pursuant to G.S. 105-228.30(b) shall be allocated as follows:

(1)        Six million dollars ($6,000,000) shall be used for the operating expenses of the Division of Parks and Recreation of the Department of Environment and Natural Resources;

(2)        Up to eight million dollars ($8,000,000) shall be used for the State Parks System for capital projects, repairs and renovations of park facilities, land acquisition, and to retire debt incurred for these purposes under Article 9 of Chapter 142 of the General Statutes; 

(3)        Up to four million two hundred thirty thousand dollars ($4,230,000) shall be used for grants to local government units consistent with the match and other requirements set forth in G.S. 113-44.14(b)(2); and

(4)        Up to seven hundred five thousand dollars ($705,000) shall be used for the Coastal and Estuarine Water Beach Access Program.

SECTION 31.18.(b)  Any funds that become available to the Parks and Recreation Trust Fund during the 2011-2012 fiscal year that are in excess of the funds allocated under subsection (a) of this section shall be used as provided in G.S. 113-44.15(b).

 

Ner/natural resources/Divert portion of Deed Stamp Tax Revenue source for Parks and Recreation Trust Fund

SECTION 31.19.  Notwithstanding the provisions of G.S. 105-228.30(b) and G.S. 113-44.15, effective for taxes levied during the 2011-2012 fiscal year, the Secretary of Revenue shall credit the sum of eight million four hundred thirty-five thousand dollars ($8,435,000) to the General Fund of the net tax proceeds that G.S. 105-228.30(b) directs the Secretary to credit to the Parks and Recreation Trust Fund.

 

Ner/natural resources/New Funding Source for Wildlife Resource commission operating budget

SECTION 31.20.(a)  G.S. 105-164.44B is repealed.

SECTION 31.20.(b)  The Office of State Budget and Management, the State Controller, and the Wildlife Resources Commission shall jointly effectuate, beginning with the Wildlife Resources Commission's operating budget for the 2011-2012 fiscal year, the transition from the Wildlife Resources Commission receiving sales tax proceeds to fund its operating budget to the Wildlife Resources Commission receiving an appropriation of eighteen million five hundred thousand dollars ($18,500,000) from the General Fund to fund its operating budget.

 

Ner/natural resources/Repeal DENR review of Fee schedules

SECTION 31.21.  G.S. 143B-279.2(4) is repealed.

 

Ner/natural resources/No New Fees for Parking in State Parks

SECTION 31.22.  Notwithstanding any provision to the contrary, the funds appropriated to the Department of Environment and Natural Resources for State Parks for the 2011-2012 fiscal year and for the 2012-2013 fiscal year shall not be reduced or replaced with fees for parking at State Parks, unless these fees were charged prior to the 2011-2012 fiscal year. No fees shall be charged and no fees shall be collected for parking in a State Park during the 2011-2012 fiscal year and for the 2012-2013 fiscal year, unless these fees were charged prior to the 2011-2012 fiscal year.

 

JPS/AOC/Increase Certain Court Costs

SECTION 31.23.(a)  G.S. 7A-304(a)(4) reads as rewritten:

"(a)       In every criminal case in the superior or district court, wherein the defendant is convicted, or enters a plea of guilty or nolo contendere, or when costs are assessed against the prosecuting witness, the following costs shall be assessed and collected, except that when the judgment imposes an active prison sentence, costs shall be assessed and collected only when the judgment specifically so provides, and that no costs may be assessed when a case is dismissed.

(4)        For support of the General Court of Justice, the sum of one hundred twenty-four dollars and fifty cents ($100.50)($124.50) in the district court, including cases before a magistrate, and the sum of one hundred two fifty-four dollars and fifty cents ($102.50)($154.50) in the superior court, to be remitted to the State Treasurer. For a person convicted of a felony in superior court who has made a first appearance in district court, both the district court and superior court fees shall be assessed. The State Treasurer shall remit the sum of two dollars and five cents ($2.05)one dollar ($1.00) of each fee collected under this subdivision to the North Carolina State Bar for the provision of services described in G.S. 7A-474.4, and ninety-five cents ($.95) of each fee collected under this subdivision to the North Carolina State Bar for the provision of services described in G.S. 7A-474.19."

SECTION 31.23.(b)  G.S. 7A-305 reads as rewritten:

" 7A-305.  Costs in civil actions.

(a)        In every civil action in the superior or district court, except for actions brought under Chapter 50B of the General Statutes, shall be assessed:

(2)        For support of the General Court of Justice, the sum of one hundred twenty-fiveeighty dollars ($125.00)($180.00) in the superior court, except that if a case is assigned to a special superior court judge as a complex business case under G.S. 7A-45.3, an additional one thousand dollars ($1,000) shall be paid upon its assignment, and the sum of eighty one hundred thirty dollars ($80.00)($130.00) in the district court except that if the case is assigned to a magistrate the sum shall be fifty-fiveeighty dollars ($55.00).($80.00). Sums collected under this subdivision shall be remitted to the State Treasurer. The State Treasurer shall remit the sum of two dollars and five cents ($2.05)one dollar ($1.00) of each fee collected under this subdivision to the North Carolina State Bar for the provision of services described in G.S. 7A-474.4, and ninety-five cents ($.95) of each fee collected under this subdivision to the North Carolina State Bar for the provision of services described in G.S. 7A-474.19.

(a5)      In every civil action in the superior or district court wherein a party files a pleading containing a counterclaim or cross-claim, except for counterclaim and cross-claim actions brought under Chapter 50B of the General Statutes for which costs are assessed pursuant to subsection (a1) of this section, the following shall be assessed:(1)         For the use of the courtroom and related judicial facilities, the sum of twelve dollars ($12.00) in cases heard before a magistrate, and the sum of sixteen dollars ($16.00) in district and superior court, to be remitted to the municipality providing the facilities in which the judgment is rendered. If a municipality does not provide the facilities in which the judgment is rendered, the sum is to be remitted to the county in which the judgment is rendered. Funds derived from the facilities' fees shall be used in the same manner, for the same purposes, and subject to the same restrictions as facilities' fees assessed in criminal actions.

(2)        For the upgrade, maintenance, and operation of the judicial and county courthouse phone systems, the sum of four dollars ($4.00), to be credited to the Court Information Technology Fund.

(3)        For support of the General Court of Justice, the sum of one hundred eighty dollars ($180.00) in the superior court, except that if a case is assigned to a special superior court judge as a complex business case under G.S. 7A-45.3, an additional one thousand dollars ($1,000) shall be paid upon its assignment, and the sum of one hundred thirty dollars ($130.00) in the district court, except that if the case is assigned to a magistrate, the sum shall be eighty dollars ($80.00). Sums collected under this subdivision shall be remitted to the State Treasurer. The State Treasurer shall remit the sum of one dollar ($1.00) of each fee collected under this subdivision to the North Carolina State Bar for the provision of services described in G.S. 7A-474.4, and ninety-five cents ($.95) of each fee collected under this subdivision to the North Carolina State Bar for the provision of services described in G.S. 7A-474.19.

...

(f)         For the support of the General Court of Justice, the sum of twenty dollars ($20.00) shall accompany any motion not listed in G.S. 7A-308 that is filed with the clerk."

SECTION 31.23.(c)  G.S. 7A-306 reads as rewritten:

" 7A-306.  Costs in special proceedings.

(a)        In every special proceeding in the superior court, the following costs shall be assessed:

(2)        For support of the General Court of Justice the sum of seventy-fiveone hundred six dollars ($75.00).($106.00). In addition, in proceedings involving land, except boundary disputes, if the fair market value of the land involved is over one hundred dollars ($100.00), there shall be an additional sum of thirty cents (30) per one hundred dollars ($100.00) of value, or major fraction thereof, not to exceed a maximum additional sum of two hundred dollars ($200.00). Fair market value is determined by the sale price if there is a sale, the appraiser's valuation if there is no sale, or the appraised value from the property tax records if there is neither a sale nor an appraiser's valuation. Sums collected under this subdivision shall be remitted to the State Treasurer. The State Treasurer shall remit the sum of two dollars and five cents ($2.05)one dollar ($1.00) of each seventy-five-dollar ($75.00)one hundred six-dollar ($106.00) General Court of Justice fee collected under this subdivision to the North Carolina State Bar for the provision of services described in G.S. 7A-474.4.

(g)        For the support of the General Court of Justice, the sum of twenty dollars ($20.00) shall accompany any motion not listed in G.S. 7A-308 that is filed with the clerk."

SECTION 31.23.(d)  G.S. 7A-307(a) reads as rewritten:

"(a)       In the administration of the estates of decedents, minors, incompetents, of missing persons, and of trusts under wills and under powers of attorney, in trust proceedings under G.S. 36C-2-203, and in collections of personal property by affidavit, the following costs shall be assessed:

(2)        For support of the General Court of Justice, the sum of seventy-fiveone hundred six dollars ($75.00),($106.00), plus an additional forty cents (40) per one hundred dollars ($100.00), or major fraction thereof, of the gross estate, not to exceed six thousand dollars ($6,000). Gross estate shall include the fair market value of all personalty when received, and all proceeds from the sale of realty coming into the hands of the fiduciary, but shall not include the value of realty. In collections of personal property by affidavit, the fee based on the gross estate shall be computed from the information in the final affidavit of collection made pursuant to G.S. 28A-25-3 and shall be paid when that affidavit is filed. In all other cases, this fee shall be computed from the information reported in the inventory and shall be paid when the inventory is filed with the clerk. If additional gross estate, including income, comes into the hands of the fiduciary after the filing of the inventory, the fee for such additional value shall be assessed and paid upon the filing of any account or report disclosing such additional value. For each filing the minimum fee shall be fifteen dollars ($15.00). Sums collected under this subdivision shall be remitted to the State Treasurer. The State Treasurer shall remit the sum of two dollars and five cents ($2.05)one dollar ($1.00) of each seventy-five-dollar ($75.00)one hundred six-dollar ($106.00) General Court of Justice fee collected under this subdivision to the North Carolina State Bar for the provision of services described in G.S. 7A-474.4.

(4)        For the support of the General Court of Justice, the sum of twenty dollars ($20.00) shall accompany any motion not listed in G.S. 7A-308 that is filed with the clerk."

SECTION 31.23.(e)  G.S. 7A-308(a) reads as rewritten:

"(a)       The following miscellaneous fees and commissions shall be collected by the clerk of superior court and remitted to the State for the support of the General Court of Justice:

(1)....... Foreclosure under power of sale in deed of trust or

........... mortgage................................................................................... $150.00$300.00

If the property is sold under the power of sale, an additional amount will be charged, determined by the following formula: forty-five cents (.45) per one hundred dollars ($100.00), or major fraction thereof, of the final sale price. If the amount determined by the formula is less than ten dollars ($10.00), a minimum ten dollar ($10.00) fee will be collected. If the amount determined by the formula is more than five hundred dollars ($500.00), a maximum five hundred-dollar ($500.00) fee will be collected.

(21)..... In civil matters, all alias and pluries summons issued and all endorsements issued on an original summons.................................................................................................................... $15.00."

SECTION 31.23.(f)  G.S. 7A-34.1 is repealed.

 

jps/aoc/COMMUNITY MEDIATION CENTERS/WORTHLESS CHECK PROGRAMS

SECTION 31.24.(a)  G.S. 14-107.2 is amended by adding a new subsection to read:

"(b1)    A community mediation center may establish and charge fees for its services in the collection of worthless checks as part of a program established under this section and may assist the Administrative Office of the Courts and district attorneys in the establishment of worthless check programs in any districts in which worthless check programs have not been established."

SECTION 31.24.(b)  G.S. 71-38.5(a) reads as rewritten:

"(a)       The General Assembly finds that it is in the public interest to encourage the establishment of community mediation centers, also known as dispute settlement centers or dispute resolution centers, to support the work of these centers in facilitating communication, understanding, reconciliation, and settlement of conflicts in communities, courts, and schools, and to promote the widest possible use of these centers by the courts and law enforcement officials across the State. A center may establish and charge fees for its services."

SECTION 31.24.(c)  G.S. 7A-38.6(a) reads as rewritten:

"(a)       All community mediation centers currently receiving State funds shall report annually to the Mediation Network of North Carolina on the program's funding and activities, including:

(1)        Types of dispute settlement services provided;

(2)        Clients receiving each type of dispute settlement service;

(3)        Number and type of referrals received, cases actually mediated (identified by docket number), cases resolved in mediation, and total clients served in the cases mediated;

(4)        Total program funding and funding sources;

(5)        Itemization of the use of funds, including operating expenses and personnel;

(6)        Itemization of the use of State funds appropriated to the center;

(7)        Level of volunteer activity; and

(8)        Identification of future service demands and budget requirements.

(a1)      The Mediation Network of North Carolina shall compile and summarize the information provided pursuant to this subsection subsection (a) of this section and shall provide the information to the Chairs of the House of Representatives and Senate Appropriations Committees and the Chairs of the House of Representatives and Senate Appropriations Subcommittees on Justice and Public Safety by February 1 of each year.

The Mediation Network of North Carolina shall also submit a copy of its report to the Administrative Office of the Courts. The receipt and review of this report by the Administrative Office of the Courts shall satisfy any program monitoring, evaluation, and contracting requirements imposed on the Administrative Office of the Courts by Part 3 of Article 6 of Chapter 143C of the General Statutes and any rules adopted under that Part."

SECTION 31.24.(d)  G.S. 7A-38.7 reads as rewritten:

" 7A-38.7.  Dispute resolution fee for cases resolved in mediation.

(a)        In each criminal case filed in the General Court of Justice that is resolved through referral to a community mediation center, a dispute resolution fee shall be assessed in the sum of sixty dollars ($60.00) per mediation for the support of the General Court of Justice.to support the services provided by the community mediation centers and the Mediation Network of North Carolina.  Fees assessed under this section shall be paid to the clerk of superior court in the county where the case was filed and remitted by the clerk to the State Treasurer.Mediation Network of North Carolina. The Mediation Network may retain up to three dollars ($3.00) of this amount as an allowance for its administrative expenses. The Mediation Network must remit the remainder of this amount to the community mediation center that mediated the case.

(b)        Before providing the district attorney with a dismissal form, the community mediation center shall require proof that the defendant has paid the dispute resolution fee as required by subsection (a) of this section and shall attach the receipt to the dismissal form."

 

JPS/AOC/Increase Interstate Compact Fee

SECTION 31.25.  G.S. 148-65.7(a) reads as rewritten:

"(a)       Persons convicted in this State who make a request for transfer to another state pursuant to the compact shall pay a transfer application of one two hundred fifty dollars ($150.00)($250.00) for each transfer application submitted. The transfer application fee shall be paid to the Compact Commissioner upon submission of the transfer application. The Commissioner or the Commissioner's designee may waive the application fee if either the Commissioner or the Commissioner's designee finds that payment of the fee will constitute an undue economic burden on the offender.

All fees collected pursuant to this section shall be deposited in the Interstate Compact Fund and shall be used only to support administration of the Interstate Compact.

The Interstate Compact Fund is established within the Department of Correction as a nonreverting, interest-bearing special revenue account. Accordingly, revenue in the Fund at the end of a fiscal year does not revert, and interest and other investment income earned by the Fund shall be credited to it. All moneys collected by the Department of Correction pursuant to this subsection shall be remitted to the State Treasurer to be deposited and held in this Fund. Moneys in the Fund shall be used to supplement funds otherwise available to the Department of Correction for the administration of the Interstate Compact."

 

JPS/AOC/Contingent court cost Increases for counties

SECTION 31.26.(a)  If House Bill 642 or other substantially similar legislation that requires a misdemeanant with a period of confinement of six months or less to serve the period in a local confinement facility becomes law, then G.S. 7A-304(a)(2) reads as rewritten:

"(a)       In every criminal case in the superior or district court, wherein the defendant is convicted, or enters a plea of guilty or nolo contendere, or when costs are assessed against the prosecuting witness, the following costs shall be assessed and collected, except that when the judgment imposes an active prison sentence, costs shall be assessed and collected only when the judgment specifically so provides, and that no costs may be assessed when a case is dismissed.

(2)        For the use of the courtroom and related judicial facilities, the sum of twelve thirty dollars ($12.00)($30.00) in the district court, including cases before a magistrate, and the sum of thirty dollars ($30.00) in superior court, to be remitted to the county in which the judgment is rendered. In all cases where the judgment is rendered in facilities provided by a municipality, the facilities fee shall be paid to the municipality. Funds derived from the facilities fees shall be used exclusively by the county or municipality for providing, maintaining, and constructing adequate courtroom and related judicial facilities, including: adequate space and furniture for judges, district attorneys, public defenders and other personnel of the Office of Indigent Defense Services, magistrates, juries, and other court related personnel; office space, furniture and vaults for the clerk; jail and juvenile detention facilities; free parking for jurors; and a law library (including books) if one has heretofore been established or if the governing body hereafter decides to establish one. In the event the funds derived from the facilities fees exceed what is needed for these purposes, the county or municipality may use any or all of the excess to retire outstanding indebtedness incurred in the construction of the facilities, or to reimburse the county or municipality for funds expended in constructing or renovating the facilities (without incurring any indebtedness) within a period of two years before or after the date a district court is established in such county, or to supplement the operations of the General Court of Justice in the county.

."

SECTION 31.26.(b)  If House Bill 642 or other substantially similar legislation that requires a misdemeanant with a period of confinement of six months or less to serve the period in a local confinement facility becomes law, then G.S. 7A-304(a) is amended by adding a new subdivision to read:

"(a)       In every criminal case in the superior or district court, wherein the defendant is convicted, or enters a plea of guilty or nolo contendere, or when costs are assessed against the prosecuting witness, the following costs shall be assessed and collected, except that when the judgment imposes an active prison sentence, costs shall be assessed and collected only when the judgment specifically so provides, and that no costs may be assessed when a case is dismissed.

(4b)      To provide for contractual services to reduce county jail populations, the sum of fifty dollars ($50.00) for all offenses arising under Chapter 20 of the General Statutes and resulting in a conviction of an improper equipment offense, to be remitted to the Department of Correction."

SECTION 31.26.(c)  If House Bill 642 or other substantially similar legislation that requires a misdemeanant with a period of confinement of six months or less to serve the period in a local confinement facility becomes law, then G.S. 7A-311(a) reads as rewritten:

"(a)       In a civil action or special proceeding, except for actions brought under Chapter 50B of the General Statutes, the following fees and commissions shall be assessed, collected, and remitted to the county:

(1)       a.         For each item of civil process served, including summons, subpoenas, notices, motions, orders, writs and pleadings, the sum of fifteen thirty dollars ($15.00).($30.00). When two or more items of civil process are served simultaneously on one party, only one fifteen-dollar ($15.00)thirty-dollar ($30.00) fee shall be charged.

."

SECTION 31.26.(d)  If House Bill 642 or other substantially similar legislation that requires a misdemeanant with a period of confinement of six months or less to serve the period in a local confinement facility becomes law, then G.S. 7A-313 reads as rewritten:

" 7A-313.  Uniform jail fees.

Persons who are lawfully confined in jail awaiting trial shall be liable to the county or municipality maintaining the jail in the sum of five ten dollars ($5.00)($10.00) for each 24 hours' confinement, or fraction thereof, except that a person so confined shall not be liable for this fee if the case or proceeding against him is dismissed, or if acquitted, or if judgment is arrested, or if probable cause is not found, or if the grand jury fails to return a true bill.

Persons who are ordered to pay jail fees pursuant to a probationary sentence shall be liable to the county or municipality maintaining the jail at the same per diem rate paid by the Department of Correction to local jails for maintaining a prisoner, as set by the General Assembly in its appropriations acts."

SECTION 31.26.(e)  If House Bill 642 or other substantially similar legislation that requires a misdemeanant with a period of confinement of six months or less to serve the period in a local confinement facility becomes law, then G.S. 153A-225(a) reads as rewritten:

"(a)       Each unit that operates a local confinement facility shall develop a plan for providing medical care for prisoners in the facility. The plan

(1)        Shall be designed to protect the health and welfare of the prisoners and to avoid the spread of contagious disease;

(2)        Shall provide for medical supervision of prisoners and emergency medical care for prisoners to the extent necessary for their health and welfare;

(3)        Shall provide for the detection, examination and treatment of prisoners who are infected with tuberculosis or venereal diseases.

The unit shall develop the plan in consultation with appropriate local officials and organizations, including the sheriff, the county physician, the local or district health director, and the local medical society. The plan must be approved by the local or district health director after consultation with the area mental health, developmental disabilities, and substance abuse authority, if it is adequate to protect the health and welfare of the prisoners. Upon a determination that the plan is adequate to protect the health and welfare of the prisoners, the plan must be adopted by the governing body.

As a part of its plan, each unit may establish fees of not more than ten dollars ($10.00) twenty dollars ($20.00) per incident for the provision of nonemergency medical care to prisoners. In establishing fees pursuant to this section, each unit shall establish a procedure for waiving fees for indigent prisoners."

 

Gengov/ins/Set Insurance Regulatory Charge

SECTION 31.27.(a)  The percentage rate to be used in calculating the insurance regulatory charge under G.S. 58-6-25 is six percent (6%) for the 2011 calendar year.

SECTION 31.27.(b)  This section is effective when it becomes law.

 

IT/Information Technology fund/Availability

SECTION 31.28.(a)  The availability used to support appropriations made in this act from the Information Technology Fund established in G.S. 147-33.72H is as follows:

                                                                                                FY 2011-2012       FY 2012-2013

 

Appropriation from General Fund                                       $4,458,142            $6,158,142

Interest                                                                               $   100,000            $   100,000

IT Fund Balance June 30                                                    $2,454,934            $1,227,467

 

Total Funds Available                                                      $7,013,076            $7,485,609

 

Appropriations are made from the Information Technology Fund for the 2011-2013 fiscal biennium as follows:

                                                                                                FY 2011-2012       FY 2012-2013

 

Information Technology Operations

Center for Geographic Information and Analysis                   $   599,347               $   599,347

Enterprise Security Risk Management                                   $1,064,148               $1,064,148

Enterprise Project Management Office                                  $1,673,285               $1,673,285

Architecture and Engineering                                                $   648,000               $   648,000

Criminal Justice Information Network                                   $   166,422               $   166,422

Statewide IT Procurement                                                               $0                          $0

ITS Overhead Reduction                                                         ($91,486)                  ($91,486)

Subtotal Information Technology Operations                         $4,059,716               $4,059,716

Information Technology Projects

State Portal                                                                                     $0                          $0

IT Consolidation                                                                  $1,320,893               $   820,893

Transfer to OSC for Data Integration                                    $   100,000               $   100,000

Subtotal Information Technology Projects                             $1,420,893               $   920,893

Data Integration License Funding Transfer to State Agencies          $ 200,000               $2,400,000

Position Transfer to Office of State Budget and Management          $ 105,000               $   105,000

Total                                                                                   $5,785,609               $7,485,609

 

SECTION 31.28.(b)  Statewide information technology procurement shall be funded through a fee charged to agencies using their services.  The Office of the State Chief Information Officer shall provide a fee schedule to allow cost recovery to the Office of State Budget and Management.

SECTION 31.28.(c)  By September 1 of each year, data integration funding in the Information Technology Fund for that State fiscal year shall be transferred to State agencies in proportion to their use of data integration licenses at that point in time.  The State Chief Information Officer shall report to the Joint Legislative Oversight Committee on Information Technology Operations and the Fiscal Research Division by September 2 of each year on the status of the transfer.

Any licensing requirements after the 2011-2013 fiscal biennium shall be the responsibility of the participating agency. The State Chief Information Officer shall notify affected agencies of this requirement by September 1, 2011. The State Chief Information Officer shall ensure that agencies choosing to participate after that date are notified prior to agreeing to participate in the data integration license agreement. The State Chief Information Officer shall report to the Joint Legislative Oversight Committee on Information Technology Operations and the Fiscal Research Division by September 2, 2011, on agency notification of their responsibility to fund any data integration license requirements after the 2011-2013 fiscal biennium.

SECTION 31.28.(d)  This section is effective when it becomes law.

 

transportation/Division of Motor Vehicles Bulk Data

SECTION 31.29.(a)  G.S. 20-43.1 is amended by adding a new subsection to read:

" 20-43.1.  Disclosure of personal information in motor vehicle records.

(a)        The Division shall disclose personal information contained in motor vehicle records in accordance with the federal Driver's Privacy Protection Act of 1994, as amended, 18 U.S.C. 2721, et seq.

(b)        As authorized in 18 U.S.C. 2721, the Division shall not disclose personal information for the purposes specified in 18 U.S.C. 2721(b)(11).

(c)        The Division shall not disclose personal information for the purposes specified in 18 U.S.C. 2721(b)(12) unless the Division receives prior written permission from the person about whom the information is requested.

(d)        As authorized in 18 U.S.C. 2721, the Division may disclose personal information to federally designated organ procurement organizations and eye banks operating in this State for the purpose of identifying individuals who have indicated an intent to be an organ donor. Personal information authorized under this subsection is limited to the individual's first, middle, and last name, date of birth, address, sex, county of residence, and drivers license number. Employees of the Division who provide access to or disclosure of information in good-faith compliance with this subsection are not liable in damages for access to or disclosure of the information.

(e)        As authorized in 18 U.S.C. 2721, the Division may also provide copies of partial crash report data collected pursuant to G.S. 20-166.1, partial driver license data kept pursuant to G.S. 20-26(a), and partial vehicle registration application data collected pursuant to G.S. 20-52 in bulk form to persons, private companies, or other entities, for uses other than official, upon payment of a fee of three cents (3) per individual record. The Division shall not furnish such data except upon execution by the recipient of a written agreement to comply with the Driver's Privacy Protection Act of 1994, as amended, 18 U.S.C. 2721, et seq. The information released to persons, private companies, or other entities, for uses other than official, pursuant to this subsection, shall not be a public record pursuant to Chapter 132 of the General Statutes."

 

transportation/Ferry Division Tolling on All Routes

SECTION 31.30.(a)  Effective April 1, 2012, G.S. 136-82 reads as rewritten:

" 136-82.  Department of Transportation to establish and maintain ferries.

The Department of Transportation is vested with authority to provide for the establishment and maintenance of ferries connecting the parts of the State highway system, whenever in its discretion the public good may so require, and to prescribe and collect such tolls therefor as may, in the discretion of the Department of Transportation, be expedient. All ferry routes shall be tolled in an amount established by the Board of Transportation.

To accomplish the purpose of this section said Department of Transportation is authorized to acquire, own, lease, charter or otherwise control all necessary vessels, boats, terminals or other facilities required for the proper operation of such ferries or to enter into contracts with persons, firms or corporations for the operation thereof and to pay therefor such reasonable sums as may in the opinion of said Department of Transportation represent the fair value of the public service rendered.

The Department of Transportation, notwithstanding any other provision of law, may operate, or contract for the operation of, concessions on the ferries and at ferry facilities to provide to passengers on the ferries food, drink, and other refreshments, personal comfort items, and souvenirs publicizing the ferry system."

SECTION 31.30.(b)  The Board of Transportation shall toll all ferry routes no later than the effective date of subsection (a) of this section, but is encouraged to begin tolling on all routes before that date. In establishing tolls for ferry routes under G.S. 136-82, as amended by this section, the Board of Transportation shall consider the needs of commuters and other frequent passengers.

 

part XXXi-A:  Effective date

 

SECTION 31A.1. Unless otherwise provided herein, this act becomes effective July 1, 2011.