SB 792 — 2022 Governor's Budget.
Last action — Passed 1st Reading
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
276 added · 277 removedPlain-language change summary
In the latest version of Senate Bill 792, new lines were added to clarify the responsibilities of the State Controller regarding the transfer of funds for state infrastructure. Specifically, the bill now outlines that the State Controller must ensure that certain funds are only made available after an official act of appropriation by the General Assembly, emphasizing financial oversight. This change is important because it aims to enhance accountability in state spending and ensure that large sums, like the $105 million designated for infrastructure, are used appropriately.
FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA MaySESSION 25,2021 2022S S.B.1 SENATE BILL 792 Short Title:
792 SESSION 2021 PRINCIPAL CLERK S D SENATE BILL DRS25006-MLfa-139 Short Title:
Appropriations/Base Budget May 26, 2022 A BILL TO BE ENTITLED AN ACT TO MODIFY THE CURRENT OPERATIONS APPROPRIATIONS ACT OF 2021 AND TO MAKE OTHER CHANGES IN THE BUDGET OPERATIONS OF THE STATE.
Current Operations – General Fund FY 2022-2023 EDUCATION Community College System 163,345,287 Public Instruction 1,354,575,055 Appalachian State University 533,333 East Carolina University Academic Affairs 5,200,000 Health Affairs 0 *DRS25006-MLfa-139**S792-v-1* General Assembly Of North Carolina Session 2021 Elizabeth City State University 1,700,000 Fayetteville State 0 NC A&T State University 2,133,333 NC Central University 0 NC State University Academic Affairs 533,333 Agricultural Extension 0 Agricultural Research 0 UNC-Asheville 0 UNC-Chapel Hill Academic Affairs 0 Health Affairs 0 AHEC 0 UNC-Charlotte 0 UNC-Greensboro 0 UNC-Pembroke 0 UNC-School of the Arts 1,000,000 UNC-Wilmington 0 Western Carolina University 0 Winston-Salem State University 0 General Administration 0 University Institutional Programs 340,518,642 Related Educational Programs 5,000,000 NC School of Science and Math 1,638,794 Aid to Private Institutions 12,900,000 Total – University of North Carolina 371,157,435 HEALTH AND HUMAN SERVICES Department of Health and Human Services Central Management and Support 55,232,336 Aging and Adult Services 4,624,100 Child Development and Early Education 46,634,200 Health Benefits 370,650,226 Health Services Regulation 5,665,933 Mental Hlth/Dev.
98,094,500 Public Health 23,252,141 Services for the Blind, Deaf, and Hard of Hearing 936,500 Social Services 28,102,325 Vocational Rehabilitation 3,872,200 Total Health and Human Services 637,064,461 AGRICULTURE, NATURAL, AND ECONOMIC RESOURCES Agriculture and Consumer Services 13,782,541 Department of Commerce Commerce 17,936,146 General State Aid 1,000,000 Economic Development 21,000,000 Environmental Quality 18,248,561 Page 2 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 Labor 2,399,681 3 Natural and Cultural Resources 38,884,736 5 Wildlife Resources Commission 2,484,291 7 JUSTICE AND PUBLIC SAFETY Judicial Department 55,368,637 Judicial Department – Indigent Defense Services 5,808,072 Department of Justice 6,417,285 Department of Public Safety 219,069,820 GENERAL GOVERNMENT Department of Administration 4,726,121 Office of Administrative Hearings 366,500 State Board of Elections 2,040,797 Office of State Auditor 3,479,500 Office of State Controller 1,511,094 General Assembly 4,572,600 Office of the Governor 370,500 Office of State Budget and Management Office of State Budget and Management 1,836,878 OSBM – Reserve for Special Appropriations 0 Housing Finance Agency 7,660,000 Office of State Human Resources 1,042,700 Department of Insurance Insurance 4,425,016 Insurance – Industrial Commission 2,052,200 Office of Lieutenant Governor 67,800 Department of Military and Veterans Affairs 7,669,748 Department of Revenue 7,730,385 Department of Secretary of State 2,575,200 Department of State Treasurer DRS25006-MLfa-139Senate Bill 792-First Edition Page 3 General Assembly Of North Carolina Session 2021 Treasurer 1,050,300 Treasurer – Other Retirement Plans/Benefits 0 4 Information Technology 3,644,257 6 RESERVES, DEBT, AND OTHER BUDGETS Statewide Reserves Technical Adjustment (742,000,000) DOT Retention Bonus 20,947,000 Salary to Market Range Minimum 2,530,000 Workers' Compensation Settlement Reserve 10,000,000 Temporary and Seasonal Workers Living Wage Reserve 2,250,000 Contractor Living Wage Reserve 25,000,000 Total Net Appropriation 29,284,765,214 GENERAL FUND AVAILABILITY SECTION 2.2.(a) The General Fund availability statement set out in Section 2.2(a) of S.L.
2019-230) (15,000,000) Unfunded Liability Solvency Reserve (10,000,000) Subtotal, Investments to Reserves (4,330,006,722) Additional Investments to Reserves Page 4 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 State Capital and Infrastructure Fund (SCIF) State Government & UNC System Capital, Repair & Renovation, Flex Fund (538,805,915) Public Schools (500,000,000) Economic Development Projects Reserve (450,000,000) Workforce and Economic Development Reserve (182,540,000) Affordable Housing Reserve (165,000,000) State Emergency Response and Disaster Relief Fund (125,000,000) Clean Energy and Environment Reserve (105,000,000) Medicaid Transformation Reserve (100,000,000) Matching Funds Reserve (100,000,000) Information Technology Reserve (57,000,000) Medicaid Contingency Reserve (50,000,000) Radio Island Infrastructure Reserve (20,000,000) Contingency and Emergency Fund (10,000,000) Subtotal, Infrastructure and Resiliency (2,403,345,915) Total, Adjustments and Reservations (6,733,352,637) Revised Total Net General Fund Availability 30,785,664,123 Less General Fund Net Appropriations (29,284,765,214) Unappropriated Balance Remaining 1,500,898,909 SECTION 2.2.(b) Section 2.2(b) of S.L.
143C-4-3.1, as amended bybySection Section 5.7 of this act, the State Controller shall transfer to the State Capital and Infrastructure Fund established under G.S.
2015-241." DRS25006-MLfa-139Senate Bill 792-First Edition Page 5 General Assembly Of North Carolina Session 2021 SECTION 2.2.(e) The State Controller shall reserve to the Medicaid Contingency Reserve described in G.S.
Funds reserved in the State Emergency Response and Disaster Relief Reserve pursuant to this subsection do not constitute an "appropriation made by law," as that phrase is used in Section 7(1) of Article V of the North Carolina Constitution.Of these funds two hundred fifty million dollars ($250,000,000) is appropriated for the 2022-2023 fiscal year and shall be used in accordance with this act." SECTION 2.2.(h) There is established in the General Fund an Economic Development Project Reserve that shall make funds available for expenditures associated with economic development projects meeting or exceeding high-yield project metrics only upon an act of appropriation bybythe the General Assembly.
The State Controller shall reserve to the Economic Page 6 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 Development Project Reserve from funds available in the General Fund the sum of four hundred fifty million dollars ($450,000,000) in nonrecurring funds for the 2022-2023 fiscal year.
SECTION 2.2.(j) There is established an Affordable Housing Reserve which shall makefundsavailablefor expenditureonlyexpenditureonlyupon uponanan act ofappropriation bybytheGeneral theGeneral Assembly.
The State Controller shall transfer the sum of one hundred sixty-five million dollars ($165,000,000) from the unreserved fund balance in the General Fund to the Affordable Housing Reserveon JuneJune30, 30, 2022.
TheStateControllershall transferthesum ofonehundredfivemilliondollarsofonehundredfivemillion dollars ($105,000,000) from the unreserved fund balance in the General Fund to the Clean Energy and Environment Reserve on June 30, 2022.
This section becomes effectiveJuneeffectiveJune30, 30, 2022.
TheStateController shall transferfunds availablein theMatchingtheMatchingFunds Funds Reserve to state agencies and departments in accordance with Section 5.1 of this act.
DRS25006-MLfa-139Senate Bill 792-First Edition Page 7 General Assembly Of North Carolina Session 2021 PART III.
136-44.2E(b) and (d)) (61,000,000) Estimated Ferry Overdrafts (7,971,879) Ferry Vessels – Salvo and Avon (4,275,591) Beginning Balance 0176,577,495 0284,277,495 Motor Fuels Tax 1,672,500,0001,772,200,000 1,641,700,0001,776,100,000 Licenses and Fees 872,600,000869,500,000 875,600,000872,200,000 Page 8 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 Highway Short-Term Lease 10,000,00090,900,000 10,000,00095,300,000 Investment Income 1,500,000 1,500,000 5 Adjustments to Availability Additional Highway Short-Term Lease 69,800,000 74,600,000 8 Total Highway Fund Availability $2,626,400,000$2,910,677,495 $2,603,400,000$3,029,377,495" HIGHWAY TRUST FUND APPROPRIATIONS SECTION 3.3.
OTHER AVAILABILITY AND APPROPRIATIONS DRS25006-MLfa-139Senate Bill 792-First Edition Page 9 General Assembly Of North Carolina Session 2021 2 EDUCATION LOTTERY FUNDS/CHANGES TO REVENUE ALLOCATIONS SECTION 4.1.(a) Section 4.3(a) of S.L.
– The Matching Funds Reserve (Reserve) is established as astatewide reserve in the Office oftheStateBudgetoftheState Budget and Management, whichshallwhich shall be responsible for administering the Reserve.
(2) $9,867,798 shall be allocated to the Department of Environmental Quality to meet the match requirements for the Clean Water and Drinking Water State Revolving Loan Funds and the Federal Environmental Protection AgencyAgency320 320 Grant.
– Of the funds appropriated to the Reserve, no more than the lesser of two million four hundred eighty-four thousand two hundred twenty dollars ($2,484,220) or up to five percent (5%) may be used for administrative expenses, which may include one full-time position within the Office of the Governor to coordinate efforts Page 10 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 to secure IIJA grants locally and across state government.
DRS25006-MLfa-139Senate Bill 792-First Edition Page 11 General Assembly Of North Carolina Session 2021 SECTION5.2.(b) AvailabilityofCOVIDFunds.AvailabilityofCOVID Funds.
– The Governor shall ensure that funds allocated in this act are expended in a manner that does not adverselyadverselyaffect affect any person's or entity's eligibility for federal funds that are made available, or that are anticipated to be made available, as a result of Hurricanes Florence, Matthew, Michael, or Dorian.
State Capital and Infrastructure Fund … Page 12 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 (e) Use of Funds.
The Office of State Budget and Management and the Department of State Treasurer maymayadjust adjust the requirements and receipts of the transfer to meet actual debt service obligations.
COMMUNITY COLLEGE SYSTEM ANNUAL REPORT ON IMPROVED OUTCOMES RESULTING FROM INCREASED INVESTMENT SECTION 6.1.(a) The State Board of Community Colleges shall develop criteria to allocatethefiftyallocatethefiftymillion milliondollars($50,000,000)provided dollars($50,000,000)providedinin thisact to investincommunitycollege capacity.
DATA SYSTEM IMPROVEMENTS PLAN DRS25006-MLfa-139Senate Bill 792-First Edition Page 13 General Assembly Of North Carolina Session 2021 SECTION 6.3.
Page 14 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 The funds may be used to expand the pilots to other community college campuses and at the existing community college pilot sites for marketing and outreach, as well as for enrollment of students into the programs, particularly for students who have dropped out of postsecondary degree or credential programs prior to completion.
DRS25006-MLfa-139Senate Bill 792-First Edition Page 15 General Assembly Of North Carolina Session 2021 (1) Expands the allowable uses of the DSSF allotment to incorporate activities allowed under the current At-Risk allotment;
The State Board of Education shall allocate funds for services to students with limited proficiencyproficiencyin in the English language to local school administrative units and to charter schools based only on the three-year weighted headcount of students in the units or charter school with limited English proficiency.
TEACHER PREPARATION RESIDENCY PILOT GRANT PROGRAM Page 16 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 SECTION 7.6.(a) Purpose.
ResidencyResidencyprograms programs eligibleforthis grant program mayincludepartnerships between local school administrative units, educator preparation programs, local community college or universities, and other community organizations.
– Of the funds appropriated bybythis this act, theStateBoardofEducation mayuseupto threehundredthousanddollars($300,000)tothreehundredthousanddollars ($300,000)to contract with an independent research organization to evaluate the impact of this grant program.
DRS25006-MLfa-139Senate Bill 792-First Edition Page 17 General Assembly Of North Carolina Session 2021 (3) Identify specific State, regional, and local salary actions required to attract, recruit, and retain high quality educators, particularly to low wealth districts and high-poverty schools.
Of the funds appropriated in this act to the Department of PublicInstruction,Public Instruction, up to fiftyfiftythousand thousanddollarsdollars ($50,000)maybeused to supportthedevelopment of this plan.
(1) Increasecapacityineducatorpreparationprogramsinordertorecruit,prepare,Increasecapacityin educatorpreparationprogramsinordertorecruit,prepare, support and graduate 5,000 in-State trained teachers annually;
(2) Increasecapacityineducatorpreparationprogramsinordertorecruit,prepare,Increasecapacityin educatorpreparationprogramsinordertorecruit,prepare, support and graduate more educators of color annually.
The State Board of Education shall develop a plan to implement andfundastatewidesystemorentitytocoordinate,enhance,andandfundastatewidesystemorentityto coordinate,enhance,and evaluateeffortstorecruit,place, and retain teacher candidates and beginning teachers between institutions of higher education and school districts.
The State Board of Education shall submit details on the plan and what statutory or other legislative changes are needed to implement the plan to the Joint Legislative Education Oversight Committee, the Fiscal Page 18 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 Research Division, and the Office of State Budget and Management by March 1, 2023.
– It is the goal of the State to provide opportunities and incentives for good teachersto become excellent teachersandto retainretainthemin themtheteachingprofession; in theteaching profession;
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(1) Have completed three full years of teachingteachingin in a North Carolina public school;
2016-94, as amended by Section 7.20 of S.L.2017-57,S.L. Section 6(m)ofS.L.2017-189,and Section 7.21 ofS.L.2018-5,reads as rewritten:
2017-57, Section 6(m)ofS.L.
2017-189,and Section 7.21 ofS.L.
2018-5,reads as rewritten:
Priority for awards shall be given to Tier 1 and 2 local school administrative units or a teacher assistant who received a tuition assistance award for the previous academic year and who is making satisfactory DRS25006-MLfa-139Senate Bill 792-First Edition Page 19 General Assembly Of North Carolina Session 2021 academic progress towards achieving teacher licensure.
(1) CommunityCommunitypartner. partner.
– For the 2021-2023 fiscal biennium, the The Superintendent ofPublic Instructionshall establish the 2021-2023 School SafetySafetyGrants Grants Program (Program).
– Of the funds appropriated to the Department of Public Instruction bybythis this act for theADM-basedgrandstheADM-based providedgrands inprovidedin this section, eachLEAshalleach LEAshall receive a base allocation of ten thousand dollars ($10,000) per year.
The remainder of the funds Page 20 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 appropriated for this program shall be divided proportionally to LEAs based on their proportion of total State-allotted ADM for the previous academic year.
Theonemillionfourhundredeleventhousandtwohundred fifty-six dollars ($1,411,256) appropriated to the North Carolina Center for the Advancement of Teaching (NCCAT)on anonrecurringanonrecurringbasis basis in the2021-2022fiscal year shall bemaderecurring beginning in the 2022-2023 fiscal year.
2022-2023 Teacher Monthly Salary Schedule Years of Experience "A" Teachers 0 $3,660 1 $3,760 2 $3,860 3 $3,960 4 $4,060 5 $4,125 6 $4,215 7 $4,350 8 $4,450 9 $4,550 10 $4,650 11 $4,750 12 $4,850 13 $4,950 14 $5,100 15 $5,200 DRS25006-MLfa-139Senate Bill 792-First Edition Page 21 General Assembly Of North Carolina Session 2021 16 $5,295 17-18 $5,375 19-20 $5,400 21-22 $5,425 23-24 $5,450 25-26 $5,475 27-28 $5,590 29-30 $5,650.
SECTION 7A.1.(b) SalarySalarySupplements Supplements for Teachers Paid on This Salary Schedule.
(6) School counselors who are licensed as counselors at the master's degree level or higher shall receive a salarysalarysupplement supplement each month of one hundred dollars ($100.00).
Page 22 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 (2) For teachers who were eligible for longevity for the 2013-2014 school year, the sum of the following:
2013-360, anyanyother other provision of law, onlyonlythe the following teachers and instructional support personnel shall be paid on the "M" salary schedule or receive a salary supplement for academic preparation at the six-year degree level or at the doctoral degree level for the 2014-2015 school year and sucbsequent school year:level:
(3) Teachers and instructional support personnel who (i) complete a degree at the master's, six-year, or doctoral degree level for which they completed at least onecoursepriorto August 1,2013,and (ii)would havequalifiedhavequalifiedforthe forthe salary supplement pursuant to State Board of Education policy, TCPA006, as it was in effect on June 30, 2013.
(b) Beginning with the 2022-2023 school year and in subsequent school years, for teachers who are paid on the "M" salary schedule under subdivision (4) of subsection (a) of this act, determination ofwhetherteachersshall bepaid ontheon "M"the"M"salaryscheduleorreceiveasalary salaryscheduleorreceiveasalarySenate DRS25006-MLfa-139Bill 792-First Edition Page 23 General Assembly Of North Carolina Session 2021 supplement foracademic preparationshall takeplaceontakeplaceonanannual anbasis. annual basis.Teachersmaybemoved off the "M" salary schedule or discontinue receiving salary supplements if they are not meeting the requirements of subdivision (4) of subsection (a) of this act in that year.
(c)Teachersmaybemoved Unlessoff an individual otherwise qualifies under subdivision (2) or (3) of subsection (a) of this section, teachers and instructional support personnel who earn an advanced degree in school administration shall not be paid on the "M" salary schedule or receivediscontinue areceiving salary supplementsupplements forif academicthey preparation."are 9not SUPPLEMENTALmeeting FUNDSthe FORrequirements TEACHERof COMPENSATIONsubdivision SECTION(4) 7A.3.(a)of Sectionsubsection 7A.12.(b)(a) of S.L. 2021-180this readsact asin rewritten:that year.
(c) Unless an individual otherwise qualifies under subdivision (2) or (3) of subsection (a) of this section, teachers and instructional support personnel who earn an advanced degree in school administration shall not be paid on the "M" salaryschedule or receive a salarysupplement for academic preparation." 9 SUPPLEMENTAL FUNDS FOR TEACHER COMPENSATION SECTION 7A.3.(a) Section 7A.12.(b) of S.L. 2021-180 reads as rewritten:
Page 24 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 b.
DRS25006-MLfa-139Senate Bill 792-First Edition Page 25 General Assembly Of North Carolina Session 2021 b.
(1) Between JulyJuly1, 1, 2022, and December 31, 2022, the average daily membership for the school from the 2020-2021 school year.
If the school did not have an averagedailymembershipinthe2020-2021schoolyear,theprojectedaverageaveragedailymembershipinthe2020-2021school year,theprojectedaverage daily membership for the school for the 2022-2023 school year.
SECTION 7A.5.(d) Beginning with the 2017-2018 fiscal year, in lieu of providing annual longevity payments to principals paid on the principal salary schedule, the amounts of those longevitylongevitypayments payments are included in the annual amounts under the principal salarysalaryschedule. schedule.
The salarysalarythe the principal received in the 2016-2017 fiscal year pursuant to Section 9.1 or Section 9.2 of S.L.
For purposes of this section, an administrator with a oneyear provisional assistant principal's certificateshall beconsideredequivalentbeconsidered equivalent to anassistantan assistant principal.
The North Carolina Principal Fellows and Transforming Principal Preparation Program or the school of education where the intern participates in a full-time Page 26 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 master's in school administration program shall supply the Department of Public Instruction with certification of eligible full-time interns.
SECTION 7A.6.(e) An assistant principal compensated in accordance with this sectionforthe2022-2023fiscalyearshallreceiveanamountequaltothegreaterofthefollowing:sectionforthe2022-2023fiscal yearshallreceiveanamountequaltothegreaterofthefollowing:
The salarysalarythe the assistant principal received in the 2016-2017 fiscal year pursuant to Section 9.1 or Section 9.2 of S.L.
2022-2023 Fiscal Year Maximum Superintendent I $10,110 Superintendent II $10,713 Superintendent III $11,356 Superintendent IV $12,038 DRS25006-MLfa-139Senate Bill 792-First Edition Page 27 General Assembly Of North Carolina Session 2021 Superintendent V $12,763.
The local board of education shall determine the appropriate category and placement for the superintendent based on the average daily membership of the local school administrative unit and within funds appropriated bybythe the General Assembly for central office administrators and superintendents.
– Of the funds appropriated to the Board of Governors of the UniversityUniversityof of North Carolina bybythis this act for the 2022-2023 fiscal year, the Board shall use fifteen million dollars ($15,000,000) to establish the Fund for Growing the Health Care Workforce (Fund).
– The Board shall submit an initial report to the Joint Legislative Education Oversight Committee by December 1, 2023, and an annual report Page 28 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 thereafter for each year the Board provides funds, on the programs receiving the funds, which shall include at least the following information:
115C-562.2isamendedbyaddinganewsubsectiontoread:115C-562.2isamended byaddinganewsubsectiontoread:
(2) Provide to the Authority a criminal background check conducted for the staff member with the highest decision-makingdecision-makingauthority, authority, as defined bybythe the bylaws, articles of incorporation, or other governing document, to ensure that person has not been convicted of any crime listed in G.S.
(3) Provide to the parent or guardian of an eligible student, whose tuition and fees are paid in whole or in part with a scholarship grant, an annual written DRS25006-MLfa-139Senate Bill 792-First Edition Page 29 General Assembly Of North Carolina Session 2021 explanation of the student's progress, including the student's scores on standardized achievement tests.
Test performance data shall be submitted to the Authority by July 15 of each year.year and retained by the nonpublic school for a five-year periodand shall besubject to audit bytheAuthorityto ensureensurecompliancewith compliancewith this subdivision and for the purposes of the evaluation required by G.S.
115C-562.7A.TestperformancedatareportedtotheAuthorityoraudited or collected for evaluation purposes bybythe the Authority under this subdivision is not a public record under Chapter 132 of the General Statutes.
(5) Provide to the AuthorityAuthoritygraduation graduation rates of the students receiving scholarship grants in a manner consistent with nationally recognized standards.
(b) Anonpublicschoolthatacceptsstudents receivingscholarshipgrantsshallnotrequirereceivingscholarship grantsshallnotrequire any additional fees based on the status of the student as a scholarship grant recipient.
Test performance data may be shared with public or private institutions of higher education located in North Carolina and shall be provided to an independent research organization selected bybythe the Authority for research purposes as permitted by the Federal Education Rights and Privacy Act, 20 U.S.C.
– An elementaryelementaryor orsecondaryschool secondary school located in North Carolina that is governed by a local board of education, charter school board of directors, regional school board of directors, or University of North Carolina laboratory school board of trustees.
Page 30 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 (6) STEM.
– There is established the North Carolina Teaching Fellows Program Trust Fund to be administered by the Authority, in conjunction with the System Office of The UniversityUniversityofNorthCarolina. ofNorth Carolina.
(3) Experience, accomplishments, and other criteria demonstrating qualities positivelypositivelycorrelated correlated with highlyhighlyeffective effective teachers, including excellent verbal and communication skills.
– The Authority shall administer the Program in cooperation with up to eight institutions anyanyinstitution institution of higher education with approved a State Board of Education-approved educator preparation programs program selected by the Commission that represent a diverse selection of both postsecondary constituent institutions of The University of North Carolina and private postsecondary institutions operating in the State.
DRS25006-MLfa-139Senate Bill 792-First Edition Page 31 General Assembly Of North Carolina Session 2021 (1) Demonstrates high rates of educator effectiveness on value-added models and teacher evaluations, including using performance-based, subject-specific assessment and support systems, such as edTPA or other metrics of evaluating candidate effectiveness that have predictive validity.
(g) AwardsofForgivableLoans.–TheProgramshallAwardsofForgivable Loans.–TheProgramshall provideforgivableloanstoselected students to be used at the up to eight selected institutions for completion of a program leading to initial teacher licensure as follows:
Number of graduates employed in a STEM or special education by licensure area who have received an overall rating of at least Page 32 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 accomplished and have met expected growth on applicable standards of the teacher evaluation instrument.
(1) OneyearatOne yearat aNorth CarolinapublicCarolinapublicschool school identifiedas low-performingunder G.S.
DRS25006-MLfa-139Senate Bill 792-First Edition Page 33 General Assembly Of North Carolina Session 2021 (3) The geographic areas in which the demand for school nurses and student services personnel is greatest.
(2) All scholarship loans shall be evidenced by notes made payable to the AuthorityAuthoritythat that bear interest at a rate not to exceed seven percent (7%) per year as set by the Authority, beginning September 1 after graduation, or immediately after termination of the scholarship loan, whichever is earlier.
Should a recipient present extenuating circumstances, the Authority Page 34 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 may extend the period to repay the loan in cash to no more than a total of 12 years.
DRS25006-MLfa-139Senate Bill 792-First Edition Page 35 General Assembly Of North Carolina Session 2021 a.
The total countable monthlymonthlyincome income for individuals residing in special care units or in-home living arrangements with a diagnosis of Alzheimer's disease or dementia shall not exceed the enhanced rate established in subsection (b) of G.S.
(2) (For contingent effective date, see Editor's note) Has both (i) income at or below one hundred percent (100%) of the federal poverty level guidelines published bybytheUnited theUnited States Department of Healthand HumanServices and (ii) insufficient income or other resources to provide a reasonable subsistence compatiblewithdecencycompatiblewithdecencyandhealthasdeterminedbytherules andhealthasdeterminedbytherules andregulations of the Social Services Commission.
Repealed bybySession Session Laws 2014-100, s.
Page 36 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 (a) The Department of Health and Human Services may use funds from the existing State-County Special Assistance budget to provide Special Assistance payments to eligible individuals 18 years of age or older in inhome living arrangements.
(b) All countycountydepartments departments of social services shall participate in the State-County Special Assistance inhome program by making Special Assistance inhome slots available to individuals who meet the eligibility requirements established by the Department pursuant to subsection (a) of this section.
State funds available to the Department of Health and Human Services shall paypayfiftypercent fifty percent (50%), and the counties shall paypayfiftypercent fifty percent (50%) of the authorized rates for care in adult care homes including area mental health agency-operated or contracted-group homes.
DRS25006-MLfa-139Senate Bill 792-First Edition Page 37 General Assembly Of North Carolina Session 2021 SECTION 9A.1.(f) Section 9A.1 and Section 9A.2(b) of S.L.
The Department of Health and Human Services shall work with the Office of State Budget and Management and the Office of the State Controller to transfer existing programs and services defined by the Department to the new division effective JulyJuly1, 1, 2022.
The Division of Child and Family Well-Being shall administer and operate all functions, powers, duties, obligations, and services relatedto thetransferredthetransferredprograms programs and services.
110-106 and licensed child care centers and homes that meet the minimum licensing standards that are participating in the subsidized child care program shall be paid the one-star county market rate or the rate they charge privately paying parents, whichever is lower,unlessprohibitedbysubsection(f)ofthislower,unlessprohibitedbysubsection (f)ofthis section.
(2) Licensed child care centers and homes with two or more stars shall receive the marketrateforthatratedlicenselevelforthatagegrouportheratetheychargemarketrateforthatratedlicenselevelforthatage grouportheratetheycharge privately paying parents, whichever is lower, unless prohibited by subsection (g) of this section.
Page 38 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 SECTION 9D.1.(b) The department shall cover individuals that meet the requirementsof42U.S.C.1396a(a)(10)(A)(i(VIII)September1,2022,orthedatenecessarystaterequirementsof42U.S.C.1396a(a)(10)(A)(i(VIII) September1,2022,orthedatenecessarystate plan amendments have received federal approval, whichever is later.
… (b2) Notwithstanding anyanyother other law to the contrary, upon election by the Secretary, county departments of social services shall accept Medicaid eligibility determinations made by the federally facilitated Health Benefit Exchange." SECTION 9D.1.(d) G.S.
DRS25006-MLfa-139Senate Bill 792-First Edition Page 39 General Assembly Of North Carolina Session 2021 (2) Increases to inpatient and outpatient hospital financing percentages defined in G.S.
"SECTION 9D.6.(b) For the 2021-2022 fiscal year, the Department of Health and Human Services shall deposit from its revenues one hundred forty-six million seven hundred five thousand fivehundred eighty-fourdollars($146,705,584)with theDepartment ofStateofStateTreasurer Treasurer to be accounted for as nontax revenue.
For the 2022-2023 fiscal year, the Department of Health andHumanServicesshalldepositfromitsrevenues onehundredfifty-threemillioneighthundred five thousand five hundred eighty-four dollars ($153,805,584) one hundred sixtysixtyone one million five hundred thousand dollars ($161,500,000) with theDepartment of State Treasurer to be accounted for as nontax revenue.
Page 40 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 (1) The amount requested is to be used for a qualifying need in the 2021-2023 fiscal biennium.
The National Average Drug Acquisition Cost (NADAC), when applicable and as allowed under the State Plan, plus a professional dispensing fee based on the cost of dispensing studystudyconducted conducted on behalf of the North Carolina Department of Health and Human Services, Division of Health Benefits, will serve as the primary method utilized for reimbursement for retail community pharmacy claims not dispensed utilizing covered outpatient drugs acquired through the 340B drug discount program established under 42 U.S.
DRS25006-MLfa-139Senate Bill 792-First Edition Page 41 General Assembly Of North Carolina Session 2021 … (2a) A parent or caretaker relative, as defined in 42 C.F.R.
Page 42 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 "SECTION9D.10.(a) BeginningJuly1,2022,thecopaymentsforMedicaidservicessubjectBeginningJuly1,2022,thecopaymentsforMedicaidservices subject to a copayment by the State Plan shall be increased to four dollars ($4.00).
The new Medicaid covered services and rates shall be implemented JulyJuly1, 1, 2022.
If approval from CMS is not granted by July 1, 2022, 2023, DHB shall retroactively implement services and rates upon approval from CMS to JulyJuly1, 1, 2022.
The new Medicaid covered services and rates shall only be implemented to the extent allowable by CMS." DRS25006-MLfa-139Senate Bill 792-First Edition Page 43 General Assembly Of North Carolina Session 2021 2 ALLOW MEDICAID ELIGIBILITY DETERMINATIONS MADE BY THE FEDERALLY FACILITATED HEALTH BENEFIT EXCHANGE SECTION 9D.13.(a) G.S.
… (b) An applicant maymaymeet meet the requirements of subsection (a) of this section bybyproviding providing at least two one of the following documents:
… (c) For applicants, including those who are homeless or migrant laborers, who declare under penalty of perjury that they do not have two one of the verifying documents in subsection (b)ofthissection, anyotherevidencethatverifiesresidencemaybeconsidered.anyotherevidencethatverifies residencemaybeconsidered.
Page 44 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 (1) Monthly survey schedules which document the surveys that were completed for the previous month and those scheduled for the current month and the following month.month, at least 30 days in advance of the survey." SECTION 9E.1.(b) Subdivision (2) of Section 9E.6(k) of S.L.
(4) Designate one on-site staff member for each noncontiguous facility who is knowledgeable about the federal Centers for Disease Control and Prevention guidelines on infection control to direct the facility's infection control activities and ensure that all adult care home staff is trained in the facility's written infection prevention and control policies and procedures developed pursuant to subdivision (b)(1) of this section within 30 days after hire and annuallyannuallythereafter. thereafter.
AnyAnynonsupervisorystaff nonsupervisory staff member designated to direct the facility'sinfectioncontrolactivitiesshallcompletetheinfection controlcourse developed by the Department pursuant to G.S.
"SECTION 9F.1.(a) The Opioid Abatement Reserve (Reserve) is established in the General Fund to maintain funds received by the State as a beneficiary of the final consent judgment DRS25006-MLfa-139Senate Bill 792-First Edition Page 45 General Assembly Of North Carolina Session 2021 resolving the case, State of North Carolina, ex rel.
McKinsey and Company, Inc., in the General Court of Justice, Superior Court Division, Wake County and any other funds received bybythe the State as a result of a settlement, as defined in G.S.
To expand employment and transportation supports through innovative pilot programs in industries in North Carolina that suffered the greatest job losses during the COVID-19 pandemic and are most relied upon by individuals recovering from opioid use disorders to reenter the workforce, such as the food service industry, the hotel and Page 46 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 lodging industry, and the entertainment industry.
Establishment, expansion, or sustainment of medication-assisted treatment programs that provide to individuals who are incarcerated any medication approved by the United States Food and DrugDrugAdministration Administration for opioid use disorder.
Any funding provided pursuant to this sub-subdivision shall be used to provide care management and DRS25006-MLfa-139Senate Bill 792-First Edition Page 47 General Assembly Of North Carolina Session 2021 linkage to care services involving outreach to, engagement with, and coordination for individuals to assist them with accessing comprehensive opioid use disorder treatment.services.
– The national opioid settlement agreement announced July 21, 2021 with McKesson Corporation, Cardinal Health, Inc., Page 48 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 and AmerisourceBergen Corporation and the national opioid settlement agreement announced July 21, 2021 with Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc.
(3) The State– through its Attorney General–engaged in investigations, litigation and settlement discussions involvinginvolvingdefendants, defendants, andseventy-six counties and eight municipalities–through their counsel filed lawsuits against defendants before September 1, 2021, seeking to hold the settling defendants accountable for the damage caused by their misconduct.
North Carolina's share of the settlements will be distributed among the State and Units of Local DRS25006-MLfa-139Senate Bill 792-First Edition Page 49 General Assembly Of North Carolina Session 2021 Government pursuant to aMemorandum ofAgreement, to which theStateand more than 130 Units of Local Government had agreed by January 1, 2022.
(6) North Carolina's share of the national settlement funds is approximatelyapproximatelyseven seven hundred fifty million dollars ($750,000,000) over 18 years.
Notwithstanding the foregoing, the State, as expressly contemplated in the Settlement Agreements, may initiate a civil action asserting Released Claims against Released Entities for the purpose of obtaining a consent order that effectuates the Settlement Agreements, includingincludingthe the release of such claims.
SECTION9F.2.(e) This sectionpreservessection preserves all remediestheStateoranyremediestheStateoranyUnit Unitof ofLocalLocal Government may have under the Settlement Agreements.
SECTION 9F.3.(b) The pilot programs shall be awarded competitively to the organizations with the best approach to implementing the Certified Community Behavioral HealthClinic(CCBHC)model,whichpromotesfullintegrationofbehavioralandphysicalhealthHealthClinic(CCBHC) model,whichpromotesfullintegrationofbehavioralandphysicalhealth care to those with serious mental illness.
Page 50 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 … (23b) Mobile unit.
Notwithstanding any other provision of law, an opioid treatment program mobile unit maymaybe be established under the license of an opioid treatment program facility." SECTION 9F.4.(b) Article 2 of Chapter 122C of the General Statutes is amended by adding a new section to read:
and DRS25006-MLfa-139Senate Bill 792-First Edition Page 51 General Assembly Of North Carolina Session 2021 (4) How the applicant's proposed opioid treatment program medication unit would increase access to treatment.
As part of this program, the State Registrar shall have authority to develop and implement apolicyapolicyto towaivevitalwaivevital recordsfees established in G.S.
… (b) The Secretary shall appoint a multidisciplinary committee comprised of nine twenty members who represent the community, several academic disciplines disciplines, and professional specializations essential to reviewing cases of mortality due to complications from pregnancypregnancyor or childbirth.
Committee members shall serve without compensation, but maymayreceive receive travel reimbursement from funds available to the Department.
Page 52 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 (a) The Low-Income Energy Assistance Program Plan developed by the Department of Health and Human Services (Department) and submitted to the U.S.
The Plan for Crisis Intervention Program (CIP) shall provide assistance for vulnerable populations who meet income eligibility criteria established bybythe the Department.
The CIP payment shall be paid directlydirectlyto to the service provider by the county department of social services and shall not exceed six hundred dollars ($600.00) one thousand dollars ($1,000) per household in a fiscal year.
2021-180, as amended bybySection Section 3.4(b) of S.L.
Transfer to Social Services Block DRS25006-MLfa-139Senate Bill 792-First Edition Page 53 General Assembly Of North Carolina Session 2021 Grant – Foster Care Services 3,422,219 3,422,219 3,393,513 4 24.
County DSS Administration 6,769,114 6,724,735 7,096,485 Page 54 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 2 Transfers to Other State Agencies 4 Department of Environmental Quality 6 10.
Mental Health Services – First Psychotic Symptom Treatment 4,205,369 2,615,497 5,416,756 DHHS Administration Division of Mental Health, Developmental Disabilities, and Substance Abuse Services DRS25006-MLfa-139Senate Bill 792-First Edition Page 55 General Assembly Of North Carolina Session 2021 04.
Veterans Initiatives 250,000 250,000 288,963 Page 56 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 TOTAL SUBSTANCE ABUSE PREVENTION AND TREATMENT BLOCK GRANT $84,695,473 $56,721,865 $81,291,702 … 6 COMMUNITY SERVICES BLOCK GRANT 8 01.
The Division has the authority to realign the authorized budget forthesefunds,aswellas StateSocialServicesBlockGrantfunds,amongtheState-levelservicesStateSocialServices BlockGrantfunds,amongtheState-levelservices based on current year actual expenditures." MODIFY LOW-INCOME ENERGY ASSISTANCE BLOCK GRANT SECTION 9K.1.(c) Section 9L.1(v) of S.L.
DRS25006-MLfa-139Senate Bill 792-First Edition Page 57 General Assembly Of North Carolina Session 2021 "SECTION 9L.1.(z) The sum of four million two hundred five thousand three hundred sixty-nine dollars ($4,205,369) for the 2021-2022 fiscal year and the sum of two million six hundred fifteen thousand four hundred ninety-seven dollars ($2,615,497) five million four hundred sixteen thousand seven hundred fifty-six dollars ($5,416,756) for the 2022-2023 fiscal year appropriated in this act in the Mental Health Services Block Grant to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, is allocated for Mental Health Services – First Psychotic Symptom Treatment." AGRICULTURE, NATURAL AND ECONOMIC RESOURCES PART X.
Page 58 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 SECTION 11.1.(d) Allocation of Funds.
– Funds may be disbursed from the Fund onlyonlyin in accordancewith agreements enteredintobetweenthe Department andalocal government or a government partnership.
The Department of Commerce shall prepare and file on or before May 1 of each year with the chairs of the Senate Appropriations Committee on Agriculture, Natural, and Economic DRS25006-MLfa-139Senate Bill 792-First Edition Page 59 General Assembly Of North Carolina Session 2021 Resources, the chairs of the House of Representatives Appropriations Committee on Agriculture and Natural and Economic Resources, and the Joint Legislative Economic Development and Global Engagement Oversight Committee, the Office of State Budget and Management, and the Fiscal Research Division a consolidated report for the preceding fiscal year concerning the allocation of grants authorized by this section.
Guidelines adopted under this section shall not be subject to therequirements ofArticle2AofChapter150BofArticle2AofChapter150BoftheNorth oftheNorthCarolinaGeneralCarolinaGeneral Statutes.
local leadership of the communitycommunitycollege, college, K12 leadership, and local officials.
Page 60 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 (2) Growing work-based learning opportunities in high-demand sectors by supporting participating employers and subsidizing pay for students participating in internships, pre-apprenticeships, and apprenticeships.
ASSISTING NC SMALL MANUFACTURERS WITH WORKFORCE CHALLENGES THROUGH TECHNOLOGY SECTION 11.3.(a) Purpose – The NC State University Industry Expansion Solutions (IES) shall establish the "Assisting NC Small Manufacturers with Workforce DRS25006-MLfa-139Senate Bill 792-First Edition Page 61 General Assembly Of North Carolina Session 2021 Challenges through Technology" program to provide North Carolina's smaller manufacturers access to the assistance needed for considering advanced manufacturing technology as an approach to solving workforce challenges.
–Tobeviableforthecompleteset–Tobeviablefor thecompleteset ofservices offered by the program, a manufacturer shall have one or more of the following characteristics:
(1) To encourage the development of renewable energy, energy efficient, and environmentally sustainable clean technologies and products in the State, Page 62 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 including but not limited to research, development, commercialization, production, distribution, retail infrastructure, deployment, and consumer purchase of such technologies and products in North Carolina, as well as to enhance workforce related development.
– Of the moneys appropriated to the Fund, the Department maymayuse use up to one hundred thousand dollars ($100,000) or five percent (5%) annually, whichever is greater, to administer the Fund." ECONOMIC DEVELOPMENT PROJECT APPROPRIATION SECTION 11.5.(a) Provided the Economic Investment Committee awards a Job Development Investment Grant for a qualifying project in Chatham County to an electric vehicle manufacturer, there is appropriated from the Economic Development Project Reserve to the Department of Commerce (Department) for the 2022-2023 fiscal year the sum of four hundred fifty million dollars ($450,000,000) in nonrecurring funds.
Theagreement is bindingbindingand and constitutes a continuing contractual obligation of the State and the manufacturer benefitted by the funds allocated for improving the project site.
The agreement must (i) include all of the performance criteria, remedies, and other safeguards required by the Department to secure the State's benefit derivedfromimprovementstotheprojectsitefundedbythissection,(ii)requirethemanufacturer to repay a proportionate amount of anyanyreimbursement reimbursement paid to the manufacturer under subsection (a) of this section for any failure by the manufacturer to meet and maintain the applicable DRS25006-MLfa-139Senate Bill 792-First Edition Page 63 General Assembly Of North Carolina Session 2021 performance criteria on which the reimbursement paid was based, and (iii) be secured by an assignable, recordable option to the State recorded as first priority against the project site.
For a combination renewal and transfer together of a state stormwater permit is one thousand five hundred dollars ($1,500)." Page 64 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 DAM SAFETY FEE AMENDMENT SECTION 12.2.
143-215.3(a)(1a), the Commission may establish a fee schedule for processing applications for approvals of construction or removal of dams issued underthisPart.Inestablishingthefeeschedule,theCommissionshallconsidertheadministrativeunderthisPart. and personnel costs incurred by the Department for processing the applications and for related compliance activities.
In establishingthefeeschedule,theCommissionshallconsidertheadministrative and personnel costs incurred by the Department for processing the applications and for related compliance activities.
143-215.3(a)(1b) do not apply to these fees.A nonrefundable application processing and compliance fee, in the amount of two and one quarter (2.25%) percent of the actual cost of construction, alteration, repair, or removal of the applicable dam shall be paid for the processing of applications for approvals of construction, repair,orremovalofdamsissuedunderthisPart.Anrepair,orremovalofdamsissuedunderthisPart.Aninitialfeeoftwohundredtwentyfivedollars initialfeeoftwohundredtwentyfivedollars ($225) or one half of the processing and compliance fee based on the engineer's estimated cost of the construction, alteration, repair, or removal of a dam, whichever amount is greater, shall be submitted with the application and the remainder of the processing and compliance fee based on the actual cost of construction, alteration, repair, or removal of the applicable dam shall be paid when the as-built plans are submitted to the Director.
DRS25006-MLfa-139Senate Bill 792-First Edition Page 65 General Assembly Of North Carolina Session 2021 (1) Theowner's certificationandaccompanyingcertificationandaccompanyingdocumentation documentationshallshall befiledwith the as-built plans and the engineer's certification.
– The annual fee for an individual permit for a nondischargeof10,000ormoregallons perdayorrequiringperdayor 300ormoreacresrequiring300 ormoreacres oflandis onethousandthreehundredten dollars ($1,310).onethousandseven($1,310). hundred sixty dollars ($1,760).
onethousandseven hundred sixty dollars ($1,760).
Page 66 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 (9) Authorizations to Construct – The application fee for Authorizations to Construct for wastewater treatment plant expansions, upgrades, replacements, or repairs is one thousand dollars ($1,000).
– The fee for a water quality certification involvinginvolvingoneacreormoreofwetlandfill oneacreormoreofwetlandfill or150feet ormoreofstream impact is five hundred seventy dollars ($570.00).
The Department of Environmental QualityQualityshall shall determine theproject applications to reviewundertheexpress reviewprogram from those who request to participate in the program.
(a1) TheDepartmentofEnvironmentalQualityshallhavetheauthoritytocreateadditional express permitting options in other programs not enumerated in (a) where it deems there to be a DRS25006-MLfa-139Senate Bill 792-First Edition Page 67 General Assembly Of North Carolina Session 2021 need or where it determines an express permitting option would create greater efficiencies for the permitting process." SECTION 12.5.(b) G.S.
Express review of a project application involving additional permits orcertifications issuedbytheDepartment ofEnvironmentalofEnvironmentalQualityotherthan Quality otherthan those under subdivisions (1) through (5) of subsection (a) of this section may be allowed by the Department, and, notwithstanding G.S.
143-215.3D or any other statute or rule that sets a permit fee, theThe maximum per permit application fee charged for the express review of a project application under subsection (a1) of this section shall not exceed four thousand dollars ($4,000), plus one hundred fiftyfiftypercent percent (150%) of the fee that would otherwise apply by statute or rule for that particularpermit permit, approval orcertification.
Additional fees, not toexceedfiftyto percentexceedfiftypercent (50%) of the original permit application fee under this section, may be charged for subsequent reviews due to the insufficiency of the permit applications.
Page 68 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 (20) Small Compost Facility – $300.
(d3) Upon submission of an application for a permit modification to a solid waste management facilityfacilityidentified identified in subdivisions (1) through (12) of subsection (d1) of this section, an applicant shall pay an application fee in the amount of five hundred dollars ($500.00).
(d5) If a solid waste management facility identified in subdivisions (4), (7), (10), or (18) of subsection (d1) of this section is required by the Department to conduct assessment and corrective action activities, the annual permit fee imposed for that type of solid waste management facilityfacilityshall shall be increased bybyseven seven hundred fiftyfiftydollars dollars ($750.00) during each year that the facility is conducting assessment and corrective action activities, until released from the requirement by the Department.
… (e) A septage management firm that operates one pumper truck shall pay an annual fee of five hundred fiftyfiftydollars dollars ($550.00) eight hundred dollars ($800) to the Department.
Ifthe contamination is determined to originatefroma dry-cleaning facility, a potentially responsible party may petition for certification of the facility or abandoned facility DRS25006-MLfa-139Senate Bill 792-First Edition Page 69 General Assembly Of North Carolina Session 2021 site.
Funds may also be used to support the Department Environmental Quality's UtilityUtilitySavings Savings Initiative per G.S.
– The Department of Environmental Quality may use up to three percent (3%) of the revenues credited to the Fund in each fiscal year for support temporarytemporarystaff, staff, time limited positions planning, technical assistance, and program administrative functions.
Page 70 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 CLEAN ENERGY ACCESS AND ENERGY EFFICIENCY SUPPLEMENT SECTION 12.9.
(2) A penalty of up to seven thousand dollars ($7,000) fourteen thousand five hundred two dollars ($14,502) shall be assessed for each serious violation, except that a penaltypenaltyof of up to fourteen thousand dollars ($14,000) twenty-nine thousand four dollars ($29,004) shall be assessed for each serious violation that involves injury to an employee under 18 years of age.
DRS25006-MLfa-139Senate Bill 792-First Edition Page 71 General Assembly Of North Carolina Session 2021 (2a) A penalty of up to seven thousand dollars ($7,000) fourteen thousand five hundred two dollars ($14,502) may be assessed for each violation that is adjudged not to be of a serious nature.
(3) A penalty of up to seven thousand dollars ($7,000) fourteen thousand five hundred two dollars ($14,502) maymaybe be assessed against an employer who fails to correct and abate a violation, within the period allowed for its correction and abatement, which period shall not begin to run until the date of the final Order of the Commission in the case of any appeal proceedings in this Article initiated by the employer in good faith and not solely for the delay of avoidance of penalties.
This report shall include the source and amount of all funds credited to the Fund and the purpose and amount of all expenditures from the Fund during the prior fiscal year." HISTORY ORGANIZATION GRANT PROGRAM Page 72 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 SECTION 14.2.(a) G.S.
– The North Carolina Historical Commission shall administer the HistoryHistoryOrganization Organization Grant Program as a competitive grant program.
– Of the funds appropriated to the History Organization Grant Program each year, no more than the greater of one hundred thousand dollars ($100,000) or four percent (4%) of the funds appropriated to the HistoryHistoryOrganization Organization Grant Program in each fiscal year may be used for administrative expenses." SCIENCE MUSEUM GRANT PROGRAM SECTION 14.3(a) G.S.
– The Department may create one new position to administertheprogram usingusingno no morethanfiftythousanddollars($50,000)offundsappropriated to the North Carolina Science Museums Grant Program in each fiscal year.
In addition to administering the Grant Program, this position anyanypositions positions created with thesefunds shall also (i)serve as a liaison liaisons between grant applicants or recipients and the Museum to answer questions and assist with grant applications;
PEATLAND AND POCOSINS CONSERVATION AND INVENTORY DRS25006-MLfa-139Senate Bill 792-First Edition Page 73 General Assembly Of North Carolina Session 2021 SECTION 14.6.(a) The Department of Natural and Cultural Resources may use up to five percent (5%) of the funds appropriated for Peatland and Pocosins Conservation and Inventory to administer the program.
A legislativeactlegislative act is required in order to establish a new office or to abolish an existing office." PART XVII.
Page 74 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 FLEXIBILITY TO CERTIFY DEPARTMENT OF CORRECTION AND REHABILITATION ITEMS IN NEW BUDGET STRUCTURE SECTION18.2.
TheDepartment ofPublicSafetyofPublicSafetyshall shall work with theOfficeofState Budget and Management and the Office of the State Controller to establish the certified budget for the new Department of Correction and Rehabilitation effective July 1, 2022.
"SECTION 19C.11.(a) Prior to using the funds appropriated in this act to the Department of Public SafetySafetyfor for prison technology and equipment upgrades, the Department of Public Safety shall issue a request for proposals that meets the following requirements:
BeabletoBe deployableto theproductsdeploytheproducts andservices it offers withintwomonths of award of the funds.
(3) No funds awarded bybythe the vendor maymaybe be used for lobbying the North Carolina General Assembly." MAKE WARDENS MANAGERIALLLY EXEMPT SECTION 18.4.
"SECTION 16D.4.(rr) By March 1, 2018, the Advisory Committee shall submit an interim report to the General Assembly with copies to the Joint Legislative Oversight Committee on Justice and Public Safety and to the Appropriations Committees on Justice and Public Safety of both houses containing (i) the specific plan and the cost estimates for capital, operating, and DRS25006-MLfa-139Senate Bill 792-First Edition Page 75 General Assembly Of North Carolina Session 2021 staffing costs for implementation of this section, including legislative, administrative, and funding recommendations necessarynecessaryto to implement the increase in juvenile jurisdiction to include 16- and 17-year-old persons and (ii) cost estimates for capital, operating, and staffing costs if the implementation of this section was staggered based on age.
(i) in partnership with research institutions, conduct research Page 76 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 or data analysis projects that will directly inform the agencies' policy and program decisions and (ii) pursuant to contract with an outside entity or in conjunction with OSBM, evaluate how well the agencies' programs are achieving their intended outcomes.
DRS25006-MLfa-139Senate Bill 792-First Edition Page 77 General Assembly Of North Carolina Session 2021 b.
Page 78 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 SECTION 32.2.(b) Source of Funds.
– The Fund shall consist of appropriations designated for this purpose transformed from Department of Military and Veterans Affairs GeneralFundandall receiptsfromdonations,gifts,devises,andgrantsrestrictedforthispurpose.receiptsfromdonations,gifts, devises,and grantsrestrictedforthispurpose.
REVENUE 911 SERVICE CHARGE DRS25006-MLfa-139Senate Bill 792-First Edition Page 79 General Assembly Of North Carolina Session 2021 SECTION 33.1.
The Secretary of Revenue may retain the costs of collection from the remittances received under subsection (b) of this section, not to exceed five hundred thousand dollars($500,000) not to exceed sevenhundred fiftyfiftythousand thousand dollars ($750,000) ayeara year of the total 911 service charges for prepaid wireless telecommunications service remitted to the Department.
143C-8-13, any funds available to the Department of Revenue maymaybe be used for safetysafetyand and security upgrades at the Department's remote locations, which are leased and not State-owned.
INFORMATION TECHNOLOGY Page 80 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 REVISIONS TO BASE BUDGET DEFINITION SECTION 37.1.
State agencies shall provide the Office of State Budget and Management and the Department of DRS25006-MLfa-139Senate Bill 792-First Edition Page 81 General Assembly Of North Carolina Session 2021 Information Technology with reasonable estimates of IT goods and services consumption and with estimated funding sources to be used to cover the cost of these goods and services.
The approved Information TechnologyTechnologyInternal Internal Service Fund budget and budget associated rates rates and base budget changes shall be included in the Governor's biennial budget recommendations to the General Assembly.
SECTION 38.2.(c) Employers of State employees and local education employees shall provide an additional retention bonus of two hundred fifty dollars ($250.00) to all permanent full-time State employees and local education employees who are continuously employed by the State or a public school unit from July 1, 2022, to October 31, 2022, and who meet at least one of the following eligibilityeligibilitycriteria criteria for the additional bonus:
Page 82 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 (2) The employee is employed as a law enforcement officer.
(3) Theemployeeis anemployeein theDivision ofAdult Correction andandJuvenile Juvenile Justice of the Department of Public Safety with job duties requiring frequent in-person contact.
SECTION 38.2.(d) Employers of State employees and local education employees shall provide an additional retention bonus of two hundred fifty dollars ($250.00) to all permanent full-time State employees and local education employees who are employed by the State or a public school unit from November 1, 2022, to March 31, 2023, and who meet at least one of the following eligibilityeligibilitycriteria criteria for the additional bonus:
(3) Theemployeeis anemployeein theDivision ofAdult Correction andandJuvenile Juvenile Justice of the Department of Public Safety with job duties requiring frequent in-person contact.
The compensation bonus shall be awarded to eligiblepermanent employees without regardto an employee's placement withinthesalaryrange, including employees at the top of the salarysalaryrange. range.
Subsection (b1)ofSection39.3ofS.L.2021-180reads(b1)ofSection39.3ofS.L. as rewritten:
DRS25006-MLfa-1392021-180 Pagereads 83 General Assembly Of North Carolina Session 2021 "SECTION 39.3.(b1) Effective July 1, 2022, the annual salaries for members of the Council of State, payable monthly, are set as follows:rewritten:
Senate Bill 792-First Edition Page 83 General Assembly Of North Carolina Session 2021 "SECTION 39.3.(b1) Effective July1, 2022, the annual salaries for members of the Council of State, payable monthly, are set as follows:
Subsection (a1) ofSection39.4ofS.L.2021-180ofSection39.4ofS.L. reads as rewritten:
2021-180 reads as rewritten:
Judicial Branch Officials Annual Salary Chief Justice, Supreme Court $168,980173,102 Associate Justice, Supreme Court 164,595168,610 Chief Judge, Court of Appeals 161,992165,943 Judge, Court of Appeals 157,787161,636 Judge, Senior Regular Resident Superior Court 153,530157,274 Judge, Superior Court 149,275152,916 Chief Judge, District Court 135,659138,968 Judge, District Court 131,403134,608 Chief Administrative Law Judge 132,529135,762 District Attorney 144,355147,876 Assistant Administrative Officer of the Courts 139,011142,402 Public Defender 144,355147,876 Page 84 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 Director of Indigent Defense Services 148,781152,410" SECTION 38.5.(b) Subsection (b1) of Section 39.5 of S.L.
Subsection (a1) ofSection39.6ofS.L.2021-180ofSection39.6ofS.L. reads as rewritten:
2021-180 reads as rewritten:
Subsection (a1) ofSection39.7ofS.L.2021-180ofSection39.7ofS.L. reads as rewritten:
2021-180 reads as rewritten:
Assistant Clerks and Head Bookkeeper Annual Salary Minimum $35,65036,519 Maximum 65,86469,157 Deputy Clerks Annual Salary Minimum $31,98032,760 Maximum 51,72854,314" DRS25006-MLfa-139Senate Bill 792-First Edition Page 85 General Assembly Of North Carolina Session 2021 MAGISTRATES SECTION38.8.
Subsection (a1) ofSection39.8ofS.L.2021-180ofSection39.8ofS.L. reads as rewritten:
2021-180 reads as rewritten:
A magistrate's salary shall increase to the next step every two years on the anniversary of the date the magistrate was originallyoriginallyappointed appointed for increases to Steps 1 through 3, and every four years on the anniversary of the date the magistrate was originally appointed for increases to Steps 4 through 6.
Subsection (a1) ofSection39.9ofS.L.2021-180ofSection39.9ofS.L. reads as rewritten:
2021-180 reads as rewritten:
Any changes enacted by the General Assembly shall be by amendment to this paragraph." SERGEANTS-AT-ARMS/READING CLERKS Page 86 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 SECTION 38.11.
(2) Effective July 1, 2022, the Board of Governors of The University of North Carolina shall provide SHRA employees, EHRA employees, and teachers employed by the North Carolina School of Science and Mathematics with an DRS25006-MLfa-139Senate Bill 792-First Edition Page 87 General Assembly Of North Carolina Session 2021 across-the-board salary increase in the amount of two and one-half percent (2.5%).five percent (5.0%)." 4 CORRECTIONAL OFFICER SALARY SCHEDULE SECTION 38.14.
Page 88 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 "SECTION 39.15A.(b) The following annual salary schedule applies under subsection (a) of this section for the 2021-2023 fiscal biennium, effective July 1, 2021, and July 1, 2022, for each respective fiscal year:
DRS25006-MLfa-139Senate Bill 792-First Edition Page 89 General Assembly Of North Carolina Session 2021 SECTION 38.17.(e) The Director of the Budget may increase expenditures of receipts to the amount necessary to fund salary adjustments for receipt-supported positions that fall below the minimum of the pay grade's salary range or as needed to reflect adjustments made pursuant to subsection (b) of this section.
(3) By September 1, 2023, a report on the demographic information shall be submittedto therespectiveagencyheadoremployingagencytherespectiveagencyheadoremployingagencyandto and to the Fiscal Research Division.
"SECTION 39.22.(c) Effective July 1, 2022, the State's employer contribution rates budgetedforbudgeted for retirement and related benefits as apercentageofcovered salaries forthe2022-2023 fiscal year for teachers and State employees, State law enforcement officers (LEOs), the University and Community Colleges Optional Retirement Programs (ORPs), the Consolidated Judicial Retirement System (CJRS),andtheLegislativeRetirement(CJRS),andthe SystemLegislativeRetirementSystem (LRS)are as set forth below:
Page 90 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 Teachers State ORPs CJRS LRS and State LEOs Employees Retirement 17.0717.80% 17.0717.80% 6.84% 39.2940.79% 24.2725.65% Disability 0.10% 0.10% 0.10% 0.00% 0.00% Death 0.13% 0.13% 0.00% 0.00% 0.00% Retiree Health 6.89% 6.89% 6.89% 6.89% 6.89% NC 401(k) 0.00% 5.00% 0.00% 0.00% 0.00% Total Contribution Rate 24.1924.92% 29.1929.92% 13.83% 46.1847.68% 31.1632.54% Therate forteachersand Stateemployees andStatelawenforcementofficers includes one one-hundredth percent (0.01%) for the Qualified Excess Benefit Arrangement." ONETIMECOSTOFONETIMECOSTOFLIVINGSUPPLEMENTSFORRETIREESOFTHETEACHERS' LIVINGSUPPLEMENTSFORRETIREESOFTHETEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, THE CONSOLIDATED JUDICIAL RETIREMENT SYSTEM, AND THE LEGISLATIVE RETIREMENT SYSTEM SECTION 38.22.(a) Subsection (a) of Section 39.23 of S.L.
DRS25006-MLfa-139Senate Bill 792-First Edition Page 91 General Assembly Of North Carolina Session 2021 If the beneficiary dies before the payment is made, then the payment shall be payable to the member's legal representative.
"(yyy) Fromand afterJulyafterJuly1, 1, 2022,theretirementallowanceto oronaccount ofbeneficiaries whose retirement commenced on or before July 1, 2022, shall be increased by one percent (1%) of the allowance payable on June 1, 2022, in accordance with G.S.
120-4.22Ais amendedbyaddingamendedbyaddinganewsubsectionto anewsubsectionto read:
"(jj) Fromand afterJulyafterJuly1, 1, 2022,theretirementallowanceto oronaccount ofbeneficiaries whose retirement commenced on or before July 1, 2021, shall be increased by one percent (1%) of the allowance payable on June 1, 2022.
Furthermore, from and after July 1, 2022, the retirement allowance to or on account of beneficiaries whose retirement commenced after JanuaryJanuary1, 1, 2022, but before June 30, 2022, shall be increased by a prorated amount of one percent (1%) 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, 2022, and June 30, 2022." PART XXXIX.
CAPITAL Page 92 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 2 GENERAL FUND CAPITAL APPROPRIATIONS/INTRODUCTION SECTION 39.1.
The appropriations made bybythe the 2021 General Assembly for capital improvements are for constructing, repairing, or renovating State buildings, utilities, and other capital facilities, for acquiring sites for them where necessary, and for acquiring buildings and land for State government purposes.
Visitor Center Planning $1,500,000 Charlotte Hawkins Brown State Historic Site $16,000,000 Fort Fisher Aquarium Renovation and Expansion $10,000,000 Oregon Inlet Lifesaving Station $600,000 Halifax State Historic Site Exhibits $2,000,000 DRS25006-MLfa-139Senate Bill 792-First Edition Page 93 General Assembly Of North Carolina Session 2021 NC Zoo Aviary $5,000,000 International Civil Rights Center and Museum $10,500,000 4 Department of Public Safety State Highway Patrol Civil Defense Vehicle Storage $1,100,000 Cabarrus YDC Parking Lot $2,000,000 Facility Management Office Renovation $5,200,000 Capitol Surveillance Project:
Phase Two $9,000,000 ACDP Arledge Building $6,352,000 Cabarrus YDC Modular Office $621,000 OSDT Training Facility Acquisition $9,906,700 Department of Correction and Rehabilitation Gatehouses $5,967,200 State Highway Patrol Troop B $2,360,000 Emergency Management Badin Warehouse $3,731,000 Emergency Management Central Disaster Warehouse $19,648,349 State Highway Patrol Troop 1 Aviation Office $1,433,000 Eastern Correctional Institution $3,572,000 Bertie Correctional Institution $6,768,000 Neuse Correctional Institution $6,400,000 Nash Correctional Institution $7,797,000 Department of Revenue Upgrade Existing Fire Protection Systems $2,300,000 Office of State Budget and Management Flexibility Funds $25,000,000 University of North Carolina 2022-2023 Appalachian State Hickory Campus Phase One $15,000,000 East Carolina University Telehealth/Healthcare Digital Transformation $3,000,000 Fayetteville State University FSU Veterans Center $8,000,000 North Carolina Central University Electrical and Steam Distribution Phase One $8,000,000 NC State University National Institute for Innovation in Manufacturing Biopharmaceuticals $2,000,000 UNC Asheville Lipinsky Renovations $19,400,000 UNC Chapel Hill School of Data Science and Society $20,000,000 UNC Charlotte Surveillance Sequencing Hub $8,000,000 UNC Greensboro Roof Replacements $20,000,000 UNC Pembroke Education Building Renovation Phase One $10,000,000 UNC Wilmington Research Laboratories $7,500,000 Western Carolina University Page 94 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 Engineering Laboratory Facilities $6,000,000 Winston Salem State University Steam and Electrical Infrastructure Repairs $6,000,000 5 NC Arboretum Visitor Center Entrance and Parking $2,000,000 PBS NC Audio and Visual Production Systems $2,200,000 UNC Hospitals:
Name of Project Funding Authorized FY 2022-23 Department of Agriculture and Consumer Services WNC State Fairgrounds Ticket Booth and Restrooms $750,000 Frasier Fir Genetic Research Building $375,000 NC State Fairgrounds Advance Planning $2,000,000 Butner Food Distribution Warehouse Addition $10,000,000 Raleigh Farmers Market Kitchen Annex $250,000 Steve Troxler Agricultural Sciences Center $400,000 Wildlife Resources Commission Sykes Depot Greenhouse $250,000 Department of Public Safety ABC New Office and Warehouse Planning $4,700,000 ABC Warehouse Re-roofing $400,000 Nash Vocational Building $2,654,311 Department of Natural and Cultural Resources Charlotte Hawkins Brown Visitor Center $278,763 NC Zoo Stingray Exhibit $1,500,000 Fort Fisher Aquarium Renovation and Expansion $4,200,000 TOTAL AMOUNT OF NON-GENERAL FUND CAPITAL PROJECTS AUTHORIZED $27,758,047 ALLOCATION OF NET PROCEEDS FROM WAKE COUNTY PROPERTY DISPOSITIONS DRS25006-MLfa-139Senate Bill 792-First Edition Page 95 General Assembly Of North Carolina Session 2021 SECTION 39.5.
(a) AStateagencyAStateagencymayundertakerepairsandrenovations mayundertakerepairsandrenovations projects so longlongas aseachproject each project satisfies the following requirements:
– The funds appropriated in Section 39.8.(a) shall be allocated as follows: Page 96 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 (1) Fivehundredthousanddollars($500,000)offundingshallbeallocatedtoeach public school unit in the State.
All data, including the type of project, total dollar value of the project, dollar value of minority business participation on each project, and documentation of efforts to recruit minority participation shall be reported to the Department of Administration, Office for HistoricallyHistoricallyUnderutilized Underutilized Business, upon the completion of the project.
– No construction or repair work requiring the estimated expenditure of public money in an amount equal to or more than five hundred thousand dollars ($500,000) or purchase of apparatus, supplies, materials, or equipment requiring an estimated expenditure of public money in an amount equal to or more than ninety thousand dollars ($90,000) one hundred thousand dollars ($100,000) may be performed, nor may any contract be awarded therefor, by any board or governing body of the State, or of any institution of the State DRS25006-MLfa-139Senate Bill 792-First Edition Page 97 General Assembly Of North Carolina Session 2021 government, or of any political subdivision of the State, unless the provisions of this section are complied with;
(2) Develop procedures governing the responsibilities of The UniversityUniversityof of North Carolina and its affiliated and constituent institutions to perform the duties of the Department of Administration and the Director or Office of State Construction under G.S.
(4) UseexistingUseexistingplansandspecifications plansandspecifications forconstructionprojects, wherefeasible.
For Fiscal Year 2023-2024 $2,628.0 $2,811.7 million For Fiscal Year 2024-2025 $2,724.2 $2,938.4 million For Fiscal Year 2025-2026 $2,814.8 $2,975.4 million For Fiscal Year 2026-2027 $2,833.6 $3,008.3 million For Fiscal Year 2027-2028 $2,875.9 $3,039.1 million "SECTION 41.1.(c) The General AssemblyAssemblyauthorizes authorizes and certifies anticipated revenues for the Highway Trust Fund as follows:
Page 98 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 "SECTION 41.15A.(a) The Director of the Office of State Budget and Management (OSBM), in consultation with the Chief Financial Officer of the Department of Transportation, shall certify for Fund Code 7825 line item expenditure accounts in the major account groups per the State Budget Manual and the Office of the State Controller's Chart of Accounts as appropriated by the General Assembly.
(1) $30,000,000 for current and future activities related to recovery from Hurricane Dorian such as debris removal and repair of highway infrastructure DRS25006-MLfa-139Senate Bill 792-First Edition Page 99 General Assembly Of North Carolina Session 2021 damage.
Page 100 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 (c) If the person satisfies the conditions of subsection (b) of this section, that are applicable to his the person's case before the effective date of the revocation order, the revocation order and any entries on his the person's driving record relating to it shall be deleted and the person does not have to pay the restoration fee set by G.S.
20-16.1.Apersoniseligibletoapply20-16.1.Apersoniseligibletoapplyforalimiteddriving foralimiteddriving privilege under this subsection only if the person has not had a limited driving privilege granted under this subsection within the three years prior to application.
20-17(a)(2) shall paypaya a restoration fee of sixtysixtyfive five dollars ($65.00).
20-17(a)(2) shall pay a restoration fee of one hundred thirtythirtydollars dollars ($130.00).
The restoration fee shall be paid to the Division in addition to anyanyand and all fees which may be provided by law.
Twenty five dollars ($25.00) of the one hundred thirty dollar DRS25006-MLfa-139Senate Bill 792-First Edition Page 101 General Assembly Of North Carolina Session 2021 ($130.00) fee shall be used to fund a statewide chemical alcohol testing program administered by the Forensic Tests for Alcohol Branch of the Chronic Disease and Injury Section of the Department of Health and Human Services.
(a) Upon receipt of notice of conviction of anyanyperson person of a motor vehicle moving offense, such offense having been committed while such person's driving privilege was in a state of suspension or revocation, the Division shall revoke such person's driving privilege for an additional period of time as set forth in subsection (b) hereof.
(1) A first such revocation shall be for one year;For a first offense under this section, there is no additional period of revocation if (i) the offense which resulted in the underlying revocation has been resolved or (ii) the person is complyingcomplyingwith with apayment planordered bythecourtto satisfyanysatisfyanyoutstanding outstanding penalty, fine, or costs related to the offense which resulted in the underlying revocation.
Upon the filing of an application, the Division may, with or without a hearing, issue a new license upon satisfactory proof that the former licensee has not been convicted of a moving violation under this Chapter Page 102 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 or the laws of another state, or a violation of any provision of the alcoholic beverage laws of this State or another state, or a violation of any provision of the drug laws of this State or another state when any of these violations occurred during the revocation period.
20-28.2(a) and who drives anyanymotor motor vehicle upon the highways of the State is guiltyguiltyof of a Class 1 misdemeanor.
DRS25006-MLfa-139Senate Bill 792-First Edition Page 103 General Assembly Of North Carolina Session 2021 (a3) Driving After Notification or Failure to Appear.
(a4) DrivingDrivingAfterRestoration AfterRestoration Without Insurance.
– InadditiontoInaddition thepenaltyto forviolatingthepenaltyfor violating G.S.
Page 104 DRS25006-MLfa-139Senate Bill 792-First Edition General Assembly Of North Carolina Session 2021 SEVERABILITY CLAUSE SECTION 42.4.
DRS25006-MLfa-139Senate Bill 792-First Edition Page 105
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Action History
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Passed 1st Reading
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Ref to Appropriations/Base Budget. If fav, re-ref to Rules and Operations of the Senate
-
Filed
Sponsors
- Brent Jackson · Primary
- Harrington · Primary
- Ralph Hise · Cosponsor
- Clark · Cosponsor
- Jr. Paul A. Lowe · Cosponsor
- Gladys A. Robinson · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 4 co-sponsors · 173 not signed on
Sponsors (2)
- Brent Jackson Republican
- Harrington
Co-sponsors (4)
- Ralph Hise Republican
- Clark
- Paul A. Lowe, Jr. Democratic
- Gladys A. Robinson Democratic
Not signed on (173)
173 members have not signed on to this bill.
Show all 173 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors SB 792?
- SB 792 is sponsored by Brent Jackson (Republican), Harrington, Ralph Hise (Republican), Clark, Paul A. Lowe, Jr. (Democratic), and Gladys A. Robinson (Democratic).
- What is the current status of SB 792?
- This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 792?
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