§ 143B-1. Short title.

This Chapter shall be known and may be cited as the "Executive Organization Act of 1973."

History

(1973, c. 476, s. 1.)

Legal Periodicals. - For note, "Whose Forum is it Anyway: Individual Government Officials and Their Authority to Create Public Forums on Social Media,” see 69 Duke L.J. 701 (2019).

§ 143B-2. Interim applicability of the Executive Organization Act of 1973.

The Executive Organization Act of 1973 shall be applicable only to the following named departments:

1. Department of Natural and Cultural Resources.
2. Department of Health and Human Services.
3. Department of Revenue.
4. Department of Public Safety.
5. Repealed by Session Laws 2012-83, s. 47, effective June 26, 2012.
6. Department of Environmental Quality.
7. Department of Transportation.
8. Department of Administration.
9. Department of Commerce.
10. Repealed by Session Laws 2012-83, s. 47, effective June 26, 2012.
11. Department of Information Technology.

History

(1973, c. 476, s. 2; c. 620, s. 9; c. 1262, ss. 10, 86; 1975, c. 716, s. 5; c. 879, s. 46; 1977, c. 70, s. 22; c. 198, s. 21; c. 771, s. 4; 1989, c. 727, s. 218(121); c. 751, s. 7(18); 1991 (Reg. Sess., 1992), c. 959, s. 37; 1997-443, ss. 11A.118(a), 11A.119(a); 2000-137, s. 4( ll ); 2011-145, s. 19.1(g), (h), ( l ); 2012-83, s. 47; 2015-241, ss. 7A.1(c), 14.30(s), (u).)

Effect of Amendments. - Session Laws 2011-145, s. 19.1(g), (h), and ( l ), effective January 1, 2012, substituted "Public Safety" for "Crime Control and Public Safety" in subdivision (4); substituted "Division of Adult Correction of the Department of Public Safety" for "Department of Correction" in subdivision (5), and substituted "Division of Juvenile Justice of the Department of Public Safety" for "Department of Juvenile Justice and Delinquency Prevention" in subdivision (10).

Session Laws 2012-83, s. 47, effective June 26, 2012, deleted subdivisions (5) and (10), pertaining to the Divisions of Adult Correction and Juvenile Justice, respectively, and made minor punctuation changes.

Session Laws 2015-241, s. 7A.1(c), effective September 18, 2015, added subdivision (11).

Session Laws 2015-241, ss. 14.30(s), (u), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" in subdivision (1) and substituted "Department of Environmental Quality" for "Department of Environment and Natural Resources" in subdivision (6).

§ 143B-3. Definitions.

As used in the Executive Organization Act of 1973, except where the context clearly requires otherwise, the words and expressions defined in this section shall be held to have the meanings here given to them.

1. Agency: whenever the term "agency" is used it shall mean and include, as the context may require, an existing department, institution, commission, committee, board, division, bureau, officer or official.
2. Board: a collective body which assists the head of a principal department or his designee in the development of major programs including the tender of advice on departmental priorities.
3. Commission: a collective body which adopts rules and regulations in a quasi-legislative manner and which acts in a quasi-judicial capacity in rendering findings or decisions involving differing interests.
4. Committee: a collective body which either advises the head of a principal department or his designee or advises a commission in detailed technical areas.
5. Council: a collective body which advises the head of a principal department or his designee as representative of citizen advice in specific areas of interests.
6. Division: the principal subunit of a principal State department.
7. Head of department: head of one of the principal State departments.
8. Higher education: State senior institutions of higher learning.
9. Principal State department: one of the departments created by the General Assembly in compliance with Article III, Sec. 11, of the Constitution of North Carolina.

History

(1973, c. 476, s. 3.)

§ 143B-4. Policy-making authority and administrative powers of Governor; delegation.

The Governor, in accordance with Article III of the Constitution of North Carolina, shall be the Chief Executive Officer of the State. The Governor shall be responsible for formulating and administering the policies of the executive branch of the State government. Where a conflict arises in connection with the administration of the policies of the executive branch of the State government with respect to the reorganization of State government, the conflict shall be resolved by the Governor, and the decision of the Governor shall be final.

History

(1973, c. 476, s. 4.)

§ 143B-5. Governor; continuation of powers and duties.

All powers, duties, and functions vested by law in the Governor or in the Office of Governor are continued except as otherwise provided by the Executive Organization Act of 1973.

The immediate staff of the Governor shall not be subject to the North Carolina Human Resources Act.

History

(1973, c. 476, s. 5; 2013-382, s. 9.1(c).)

Editor's Note. - Session Laws 2013-382, s. 9.1(b), provides: "The following entities and positions created by Chapter 126 of the General Statutes are hereby renamed by this act:

"(1) The State Personnel Commission is renamed the 'North Carolina Human Resources Commission.'

"(2) The Office of State Personnel is renamed the 'North Carolina Office of State Human Resources.'

"(3) The State Personnel Director is renamed the 'Director of the North Carolina Office of State Human Resources.'"

Session Laws 2013-382, s. 9.1(c), provides: "Modification of References. - The Revisor of Statutes shall delete any references in the General Statutes to the State Personnel Act, State Personnel Commission, the State Personnel Director, and the Office of State Personnel (or any derivatives thereof) and substitute references to the North Carolina Human Resources Act, the State Human Resources Commission, the Director of the Office of State Human Resources, and the Office of Human Resources (or the appropriate derivative thereof) to effectuate the renaming set forth in this section wherever conforming changes are necessary."

Effect of Amendments. - Session Laws 2013-382, s. 9.1(c), effective August 21, 2013, substituted "North Carolina Human Resources Act" for "State Personnel Act" at the end of the last paragraph.

§ 143B-6. Principal departments.

In addition to the principal departments enumerated in the Executive Organization Act of 1971, all executive and administrative powers, duties, and functions not including those of the General Assembly and its agencies, the General Court of Justice and the administrative agencies created pursuant to Article IV of the Constitution of North Carolina, and higher education previously vested by law in the several State agencies, are vested in the following principal departments:

1. Department of Natural and Cultural Resources.
2. Department of Health and Human Services.
3. Department of Revenue.
4. Department of Public Safety.
5. Repealed by Session Laws 2012-83, s. 48, effective June 26, 2012.
6. Department of Environmental Quality.
7. Department of Transportation.
8. Department of Administration.
9. Department of Commerce.
10. Community Colleges System Office.
11. Repealed by Session Laws 2012-83, s. 48, effective June 26, 2012.
12. Department of Information Technology.
13. Department of Military and Veterans Affairs.

History

(1973, c. 476, s. 6; c. 620, s. 9; c. 1262, ss. 10, 86; 1975, c. 716, s. 5; c. 879, s. 46; 1977, c. 70, s. 23; c. 198, s. 22; c. 771, s. 4; 1979, 2nd Sess., c. 1130, s. 3; 1989, c. 727, s. 218(122); c. 751, s. 7(19); 1991 (Reg. Sess., 1992), c. 959, s. 38; 1997-443, ss. 11A.118(a), 11A.119(a); 1999-84, s. 23; 2000-137, s. 4(mm); 2011-145, s. 19.1(g), (h), ( l ); 2012-83, s. 48; 2015-241, ss. 7A.1(d), 14.30(s), (u), 24.1(aa); 2015-268, s. 7.3(a).)

Editor's Note. - Subdivision (12) as enacted by Session Laws 2015-241, s. 24.1(aa), was redesignated as subdivision (13) at the direction of the Revisor of Statutes.

Session Laws 2015-241, s. 7.25, as amended by Session Laws 2016-94, s. 7.12, provides: "(a) On or before July 1, 2016, unless exempted by the Governor, all State agencies identified as principal departments under G.S. 143B-6 shall become direct members of and shall use the Enterprise Active Directory. A principal department may submit to the State Chief Information Officer a written request to deviate from certain requirements of the Enterprise Active Directory, provided that any deviation shall be consistent with available funding and shall be subject to any terms and conditions specified by the State Chief Information Officer.

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

Session Laws 2015-241, s. 24.1(ww), as amended by Session Laws 2015-268, s. 7.3(a), made subdivision (13) as added by Session Laws 2015-241, s. 24.1(aa), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.'"

Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year."

Session Laws 2016-94, s. 39.7, is a severability clause.

Effect of Amendments. - Session Laws 2011-145, s. 19.1(g), (h), and ( l ), effective January 1, 2012, substituted "Public Safety" for "Crime Control and Public Safety" in subdivision (4); substituted "Division of Adult Correction of the Department of Public Safety" for "Department of Correction" in subdivision (5); and substituted "Division of Juvenile Justice of the Department of Public Safety" for "Department of Juvenile Justice and Delinquency Prevention" in subdivision (11).

Session Laws 2012-83, s. 48, effective June 26, 2012, deleted subdivisions (5) and (11), pertaining to the Divisions of Adult Correction and Juvenile Justice, respectively, and made minor punctuation changes.

Session Laws 2015-241, s. 7A.1(d), effective September 18, 2015, added subdivision (12).

Session Laws 2015-241, s. 14.30(s), (u), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" in subdivision (1) and substituted "Department of Environmental Quality" for "Department of Environment and Natural Resources" in subdivision (6).

Session Laws 2015-241, s. 24.1(aa), effective July 1, 2015, added subdivision (13). For effective date, see editor's note.

§ 143B-7. Continuation of functions.

Each principal State department shall be considered a continuation of the former agencies to whose power it has succeeded for the purpose of succession to all rights, powers, duties, and obligations of the former agency. Where a former agency is referred to by law, contract, or other document, that reference shall apply to the principal State department now exercising the functions of the former agency.

History

(1973, c. 476, s. 7.)

§ 143B-8. Unassigned functions.

All functions, duties, and responsibilities established by law that are not specifically assigned to any principal State department may be assigned by the Governor to that department which, in accordance with the organization of State government, can most appropriately and effectively perform those functions, duties, and responsibilities. This provision shall not apply to professional and occupational licensing boards or to higher education.

History

(1973, c. 476, s. 8.)

§ 143B-9. Appointment of officers and employees.

1. The head of each principal State department, except those departments headed by popularly elected officers, shall be appointed by the Governor and serve at the Governor's pleasure. The salary of the head of each of the principal State departments shall be set by the Governor, and the salary of elected officials shall be as provided by law.
   1. The date on which the Senate adopts a simple resolution that specifically disapproves the person appointed.
   2. The date on which the General Assembly shall adjourn pursuant to a joint resolution for a period longer than 30 days without the Senate adopting a simple resolution specifically approving the person appointed.
2. The head of a principal State department shall appoint a chief deputy or chief assistant, and such chief deputy or chief assistant shall not be subject to the North Carolina Human Resources Act. The salary of such chief deputy or chief assistant shall be set by the Governor. Unless otherwise provided for in the Executive Organization Act of 1973, and subject to the provisions of the Human Resources Act, the head of each principal State department shall designate the administrative head of each transferred agency and all employees of each division, section, or other unit of the principal State department.

For each head of each principal State department covered by this subsection, the Governor shall notify the President of the Senate of the name of each person to be appointed, and the appointment shall be subject to senatorial advice and consent in conformance with Section 5(8) of Article III of the North Carolina Constitution unless (i) the senatorial advice and consent is expressly waived by an enactment of the General Assembly or (ii) a vacancy occurs when the General Assembly is not in regular session. Any person appointed to fill a vacancy when the General Assembly is not in regular session may serve without senatorial advice and consent for no longer than the earlier of the following:

History

(1973, c. 476, s. 9; 1977, c. 802, s. 42.20; 1983, c. 717, s. 51; 2012-142, s. 25.02(c); 2013-382, s. 9.1(c); 2016-126, 4th Ex. Sess., s. 38.)

Editor's Note. - Session Laws 2013-382, s. 9.1(b), provides: "The following entities and positions created by Chapter 126 of the General Statutes are hereby renamed by this act:

"(1) The State Personnel Commission is renamed the 'North Carolina Human Resources Commission.'

"(2) The Office of State Personnel is renamed the 'North Carolina Office of State Human Resources.'

"(3) The State Personnel Director is renamed the 'Director of the North Carolina Office of State Human Resources.'"

Session Laws 2013-382, s. 9.1(c), provides: "Modification of References. - The Revisor of Statutes shall delete any references in the General Statutes to the State Personnel Act, State Personnel Commission, the State Personnel Director, and the Office of State Personnel (or any derivatives thereof) and substitute references to the North Carolina Human Resources Act, the State Human Resources Commission, the Director of the Office of State Human Resources, and the Office of Human Resources (or the appropriate derivative thereof) to effectuate the renaming set forth in this section wherever conforming changes are necessary."

Effect of Amendments. - Session Laws 2012-142, s. 25.02(c), effective July 1, 2012, substituted "departments shall be set by the Governor, and the salary" for "departments and" in the second paragraph, and substituted "shall be set by the Governor" for "shall, upon the recommendation of the Governor, be set by the General Assembly" in the second sentence of the third paragraph. For applicability, see editor's note.

Session Laws 2013-382, s. 9.1(c), effective August 21, 2013, substituted "North Carolina Human Resources Act" for "State Personnel Act" at the end of the first sentence in the last paragraph.

Session Laws 2016-126, 4th Ex. Sess., s. 38, effective December 19, 2016, rewrote the section.

§ 143B-10. Powers and duties of heads of principal departments.

1. Assignment of Functions. - Except as otherwise provided by this Chapter, the head of each principal State department may assign or reassign any function vested in him or in his department to any subordinate officer or employee of his department.
2. Reorganization by Department Heads. - With the approval of the Governor, each head of a principal State department may establish or abolish within his department any division. Each head of a principal State department may establish or abolish within his department any other administrative unit to achieve economy and efficiency and in accordance with sound administrative principles, practices, and procedures except as otherwise provided by law. When any such act of the head of the principal State department affects existing law the provisions of Article III, Sec. 5(10) of the Constitution of North Carolina shall be followed.
3. Department Staffs. - The head of each principal State department may establish necessary subordinate positions within the department, make appointments to those positions, and remove persons appointed to those positions, all within the limitations of appropriations and subject to the State Budget Act and the North Carolina Human Resources Act. All employees within a principal State department shall be under the supervision, direction, and control of the head of that department. The head of each principal State department may establish or abolish positions, transfer officers and employees between positions, and change the duties, titles, and compensation of existing offices and positions as the head of the department deems necessary for the efficient functioning of the department, subject to the State Budget Act and the North Carolina Human Resources Act and the limitations of available appropriations. For the purposes of the foregoing provisions, a member of a board, commission, council, committee, or other citizen group shall not be considered an "employee within a principal department." Nothing in this subsection shall be construed as authorizing the transfer of officers and employees between departments without express authorization of the General Assembly.
4. Appointment of Committees or Councils. - The head of each principal department may create and appoint committees or councils to consult with and advise the department. The General Assembly declares its policy that insofar as feasible, such committees or councils shall consist of no more than 12 members, with not more than one from each congressional district. If any department head desires to vary this policy, he must make a request in writing to the Governor, stating the reasons for the request. The Governor may approve the request, but may only do so in writing. Copies of the request and approval shall be transmitted to the Joint Legislative Commission on Governmental Operations. The members of any committee or council created by the head of a principal department shall serve at the pleasure of the head of the principal department and may be paid per diem and necessary travel and subsistence expenses within the limits of appropriations and in accordance with the provisions of G.S. 138-5, when approved in advance by the Director of the Budget. Per diem, travel, and subsistence payments to members of the committees or councils created in connection with federal programs shall be paid from federal funds unless otherwise provided by law.
5. Departmental Management Functions. - All management functions of a principal State department shall be performed by or under the direction and supervision of the head of that principal State department. Management functions shall include planning, organizing, staffing, directing, coordinating, reporting, and budgeting.
6. Custody of Records. - The head of a principal State department shall have legal custody of all public records as defined in G.S. 132-1.
7. Budget Preparation. - The head of a principal State department shall be responsible for the preparation of and the presentation of the department budget request which shall include all funds requested and all receipts expected for all elements of the department.
8. Plans and Reports. - Each principal State department shall submit to the Governor an annual plan of work for the next fiscal year prior to the beginning of that fiscal year. Each principal State department shall submit to the Governor an annual report covering programs and activities for each fiscal year. These plans of work and annual reports shall be made available to the General Assembly. These documents will serve as the base for the development of budgets for each principal State department of State government to be submitted to the Governor.
9. Reports to Governor; Public Hearings. - Each head of a principal State department shall develop and report to the Governor legislative, budgetary, and administrative programs to accomplish comprehensive, long-range coordinated planning and policy formulation in the work of his department. To this end, the head of the department may hold public hearings, consult with and use the services of other State agencies, employ staff and consultants, and appoint advisory and technical committees to assist in the work.
10. Departmental Rules and Policies. - The head of each principal State department and the Director of the Office of State Human Resources may adopt:
    1. Rules consistent with law for the custody, use, and preservation of any public records, as defined in G.S. 132-1, which pertain to department business;
    2. Rules, approved by the Governor, to govern the management of the department, which shall include the functions of planning, organizing, staffing, directing, coordinating, reporting, budgeting, and budget preparation which affect private rights or procedures available to the public;
    3. Policies, consistent with law and with rules established by the Governor and with rules of the State Human Resources Commission, which reflect internal management procedures within the department. These may include policies governing the conduct of employees of the department, the distribution and performance of business and internal management procedures which do not affect private rights or procedures available to the public and which are listed in (e) of this section. Policies establishing qualifications for employment shall be adopted and filed pursuant to Chapter 150B of the General Statutes; all other policies under this subdivision shall not be adopted or filed pursuant to Chapter 150B of the General Statutes.

Each Department Head shall report all reorganizations under this subsection to the President of the Senate, the Speaker of the House of Representatives, the Chairmen of the Appropriations Committees in the Senate and the House of Representatives, and the Fiscal Research Division of the Legislative Services Office, within 30 days after the reorganization if the General Assembly is in session, otherwise to the Joint Legislative Committee on Governmental Operations and the Fiscal Research Division of the Legislative Services Office, within 30 days after the reorganization. The report shall include the rationale for the reorganization and any increased efficiency in operations expected from the reorganization.

An annual report listing these committees or councils, the total membership on each, the cost in the last 12 months and the source of funding, and the title of the person who made the appointments shall be made to the Joint Legislative Commission on Governmental Operations by March 31 of each year.

Rules adopted under (1) and (2) of this subsection shall be subject to the provisions of Chapter 150B of the General Statutes.

This subsection shall not be construed as a legislative grant of authority to an agency to make and promulgate rules concerning any policies and procedures other than as set forth herein.

History

(1973, c. 476, s. 10; c. 1416, ss. 1, 2; 1977, 2nd Sess., c. 1219, s. 46; 1983, c. 76, ss. 1, 2; c. 641, s. 8; c. 717, s. 78; 1985 (Reg. Sess., 1986), c. 955, ss. 97, 98; 1987, c. 738, s. 147; c. 827, s. 1; 1991 (Reg. Sess., 1992), c. 1038, s. 15; 2006-203, s. 101; 2013-382, s. 9.1(c); 2019-250, s. 5.8.)

Editor's Note. - Session Laws 1995 (Reg. Sess., 1996), c. 743, s. 25, provides: "References in the Session Laws to any division of the Department of Environment, Health, and Natural Resources that is subdivided or renamed by this act shall be deemed to refer to the successor division. Every Session Law that refers to any division of the Department of Environment, Health, and Natural Resources to which this act applies or that relates to any power, duty, function, or obligation of any of those divisions and that continues in effect after this act becomes effective shall be construed so as to be consistent with this act. The repeal by this act of language authorizing the Secretary of Environment, Health, and Natural Resources to delegate any power, duty, or function is intended to repeal redundant language and does not alter the power of the Secretary of Environment, Health, and Natural Resources to assign or reassign any function vested in the Secretary or the Department of Environment, Health, and Natural Resources under G.S. 143B-10(a). This act shall not be construed to affect any pending action by or obligation due to any division of the Department of Environment, Health, and Natural Resources that is subdivided or renamed by this act."

Session Laws 1997-443, s. 11A.129, as amended by Session Laws 1998-76, s. 3, provides that the Secretary of Health and Human Services may reorganize the Department of Health and Human Services in accordance with this section and shall report as required, and that by February 1, 1999, the Department shall report to the Joint Legislative Commission on Governmental Operations or to the General Assembly on incorporating health functions and agencies into the Department, on additional changes, on proposed changes in boards and commissions, and on rule changes.

Session Laws 1997-443, s. 35.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 1997-99 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 1997-99 fiscal biennium."

Session Laws 2013-360, s. 15.7A(a), (b), provides: "(a) Notwithstanding any other provision of law, and consistent with the authority granted in G.S. 143B-10, the Secretary of the Department of Commerce may reorganize positions and related operational costs within the Department to establish a public-private partnership which includes cost containment measures. Actions under this section may only be implemented after the Office of State Budget and Management has approved a proposal submitted by the Department. Proposals under this section shall include, at a minimum, the positions involved and strategies to achieve efficiencies. The Department of Commerce may use up to one million dollars ($1,000,000) in the 2013-2014 fiscal year of the cost-savings resulting from the establishment of the public-private partnership to cover the costs of reorganizing positions as provided in this subsection.

"(b) Not later than April 1, 2014, the Department shall report on any actions under this section to the House of Representatives Appropriations Subcommittee on Natural and Economic Resources, the Senate Appropriations Committee on Natural and Economic Resources, and the Fiscal Research Division." Section 15.7A of Session Laws 2013-360 was repealed by Session Laws 2014-18, s. 1.5, effective June 24, 2014.

Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'"

Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium."

Session Laws 2013-360, s. 38.5, is a severability clause.

Effect of Amendments. - Session Laws 2006-203, s. 101, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter, in subsection (d), deleted "to the Advisory Budget Commission and" following "shall be transmitted" in the fourth sentence of the first paragraph; deleted "the Advisory Budget Commission and" following "shall be made to" in the second paragraph; and deleted the last paragraph, which read: "Prior to taking any action under this subsection, the Director of the Budget may consult with the Advisory Budget Commission."

Session Laws 2013-382, s. 9.1(c), effective August 21, 2013, substituted "North Carolina Human Resources Act" for "State Personnel Act" twice in subsection (c); and in (j), substituted "Director of the Office of State Human Resources" for "Director of the Office of State Personnel" in the introductory paragraph and substituted "State Human Resources Commission" for "State Personnel Commission" in subdivision (3).

Session Laws 2019-250, s. 5.8, effective November 18, 2019, in subsection (c), substituted "the" for "his" and added "State Budget Act and the" preceding "North Carolina Human Resources Act" in the first sentence; substituted "the head of the department" for "he" and added "State Budget Act and the" preceding "North Carolina Human Resources Act" in the third sentence; and added the last sentence.

Legal Periodicals. - For note on the public's access to public records, see 60 N.C.L. Rev. 853 (1982).

§ 143B-11. Subunit nomenclature.

1. The principal subunit of a department is a division. Each division shall be headed by a director.
2. The principal subunit of a division is a section. Each section shall be headed by a chief.
3. If further subdivision is necessary, sections may be divided into subunits which shall be known as branches and which shall be headed by heads, and branches may be divided into subunits which shall be known as units and which shall be headed by supervisors.

History

(1973, c. 476, s. 11.)

Opinions of Attorney General

The Securities Division is an "occupational licensing agency" within the meaning of G.S. 150B-2(4b). See opinion of the Attorney General to Mr. Stephen M. Wallis, Deputy Securities Administrator (acting), 58 N.C.A.G. 76 (1988).

§ 143B-12. Internal organization of departments; allocation and reallocation of duties and functions; limitations.

1. The Governor shall cause the administrative organization of each department to be examined periodically with a view to promoting economy, efficiency, and effectiveness. The Governor may assign and reassign the duties and functions of the executive branch among the principal State departments except as otherwise expressly provided by statute. When the changes affect existing law, they must be submitted to the General Assembly in accordance with Article III, Sec. 5(10) of the Constitution of North Carolina.
2. The Governor shall report all transfers of departmental functions under this section to the President of the Senate, the Speaker of the House of Representatives, the Chairmen of the Appropriations Committees in the Senate and the House of Representatives, and the Fiscal Research Division of the Legislative Services Office, within 30 days after the transfer if the General Assembly is in session, otherwise to the Joint Legislative Committee on Governmental Operations and the Fiscal Research Division of the Legislative Services Office, within 30 days after the transfer. The report shall include the rationale for the transfer and the increased efficiency in operations expected from the transfer.

History

(1973, c. 476, s. 12; 1985, c. 479, s. 164.)

§ 143B-13. Appointment, qualifications, terms, and removal of members of commissions.

1. Each member of a commission created by or under the authority of the Executive Organization Act of 1973 shall be a resident of the State of North Carolina, unless otherwise specifically authorized by law.
2. A commission membership becomes vacant on the happening of any of the following events before the expiration of the term: (i) the death of the incumbent, (ii) his incompetence as determined by final judgment or final order of a court of competent jurisdiction, (iii) his resignation, (iv) his removal from office, (v) his ceasing to be a resident of the State, (vi) his ceasing to discharge the duties of his office over a period of three consecutive months except when prevented by sickness, (vii) his conviction of a felony or of any offense involving a violation of his official duties, (viii) his refusal or neglect to take an oath within the time prescribed, (ix) the decision of a court of competent jurisdiction declaring void his appointment, and (x) his commitment as a substance abuser under Part 8 of Article 5 of Chapter 122C of the General Statutes; but in that event, the office shall not be considered vacant until the order of commitment has become final.
3. No member of the State commission may use his position to influence any election or the political activity of any person, and any such member who violates this subsection may be removed from such office by the Governor, if such member was appointed by the Governor, or by the appointing authority, if such member was not appointed by the Governor. Nothing herein shall prohibit such member from publishing the fact of his membership in his own campaign for public office.
4. In addition to the foregoing, any member of a commission may be removed from office by the Governor for misfeasance, malfeasance, and nonfeasance.
5. Any appointment by the Governor to a commission, board, council or committee made subsequent to January 5, 1973, and prior to July 1, 1973, for a term that would extend for a period inconsistent with the staggered term provisions of the Executive Organization Act of 1973, may be reduced by the Governor to conform to those staggered term provisions.
6. Whenever a statute requires that the Governor appoint at least one person from each congressional district to a board or commission, and due to congressional redistricting, two or more members of the board or commission shall reside in the same congressional district, then such members shall continue to serve as members of the board or commission for a period equal to the remainder of their unexpired terms, provided that upon the expiration of said term or terms the Governor shall fill such vacancy or vacancies in such a manner as to insure that as expeditiously as possible there is one member of the board or commission who is a resident of each congressional district in the State.
7. Whenever a statute requires that the Governor or any board, commission, council, person, or agency (whether or not that board, commission, council, or agency was established under this Chapter) appoint one or more persons from each congressional district to a board, commission, or council, and due to congressional redistricting, a person no longer resides in the district the member has been appointed to represent, such member or members shall, if otherwise qualified, continue to serve as members of the board or commission for the remainder of their unexpired terms, and shall be considered to meet the residency requirement.
8. Whenever a statute requires that the Governor or any board, commission, council, person, or agency (whether or not that board, commission, council, or agency was established under this Chapter) appoint one or more persons from each congressional district to a board, commission, or council, and the statute fails to provide for a procedure to fill the extra position due to the addition of an additional congressional district, then the appointing authority shall appoint a person for a term commencing on January 3rd of the year in which the addition of the additional congressional district becomes effective. Unless the statute provides for persons to serve at the pleasure of the appointing authority, the appointing authority shall set the length of the initial term of office.

Unless more restrictive qualifications are provided in the Executive Organization Act of 1973, the Governor shall appoint each member on the basis of interest in public affairs, good judgment, knowledge, and ability in the field for which appointed, and with a view to providing diversity of interest and points of view in the membership.

The balance of unexpired terms of existing commission members shall be served in accordance with their most recent appointment.

A vacancy occurring during a term of office is filled in the same manner as the original appointment is made and for the balance of the unexpired term, unless otherwise provided by law or by the Constitution of North Carolina.

History

(1973, c. 476, s. 13; 1975, c. 879, s. 47; 1981, c. 520, s. 1; 1981 (Reg. Sess., 1982), c. 1191, s. 5; 1985, c. 589, ss. 45, 46; 1991 (Reg. Sess., 1992), c. 1038, s. 16.)

Legal Periodicals. - For survey of 1981 administrative law, see 60 N.C.L. Rev. 1165 (1982).

§ 143B-14. Administrative services to commissions.

1. The head of the principal State department to which a commission has been assigned is responsible for the provision of all administrative services to the commission.
2. Except as otherwise provided by law, the powers, duties, and functions of a commission are not subject to the approval, review, or control of the head of the department or of the Governor.
3. The Governor may assign to an appropriate commission created by the Executive Organization Act of 1973 duties of a quasi-legislative and quasi-judicial nature existing in the executive branch of State government which have not been assigned by this Chapter to any other commission. All such assignment of duties by the Governor to a commission shall be made in accordance with Article III, Sec. 5(10) of the Constitution of North Carolina.
4. All management functions of a commission shall be performed by the head of the principal State department. Management functions shall include planning, organizing, staffing, directing, coordinating, reporting, and budgeting.

History

(1973, c. 476, s. 14; c. 1416, s. 3; 1979, 2nd Sess., c. 1137, s. 41.2; 1981, c. 688, s. 20; 1983, c. 927, s. 11; 1987, c. 827, s. 221; 1991, c. 418, s. 9.)

§ 143B-15. Compensation of members of commissions.

The salary of members of full-time commissions shall be set by the General Assembly upon recommendation of the Governor to be submitted as a part of his budget requests.

History

(1973, c. 476, s. 15.)

§ 143B-16. Appointment and removal of members of boards, councils and committees.

Unless more restrictive qualifications are provided in this Chapter, the Governor shall appoint each member of a board, council, or committee on the basis of his interest in public affairs, good judgment, knowledge and ability in the field for which appointed, and with a view to providing diversity of interest and points of view in the membership. Unless other conditions are provided in the Executive Organization Act of 1973, any member of a board, council, or committee may be removed from office by the Governor for misfeasance, malfeasance, or nonfeasance.

No member of a board, council, or committee may use his position to influence any election or the political activity of any person, and any such member who violates this paragraph may be removed from such office by the Governor, if such member was appointed by the Governor, or by the appointing authority, if such member was not appointed by the Governor. Nothing herein shall prohibit such member from publishing the fact of his membership in his own campaign for public office.

History

(1973, c. 476, s. 16; 1981, c. 520, s. 2.)

§ 143B-17. Commission investigations and orders.

Unless otherwise provided for in the Executive Organization Act of 1973, any commission created by the Executive Organization Act of 1973 may order an investigation into areas of concern over which it has rule-making authority, and the head of the department required to give staff support to such commission shall render such reports and information as the commission may require. In default of the production of information by the head of the principal department or any employee or agent thereof, the commission may seek the aid of the Wake County Superior Court to require the production of information as hereinafter provided.

In proceedings before any commission or any hearing officer or member of the commission so authorized by the commission, if any person refuses to respond to a subpoena, or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined or refuses to obey any lawful order of a commission contained in its decision rendered after hearing, the chairman of the commission may apply to the Superior Court of Wake County or to the superior court of the county where the proceedings are being held for an order directing that person to take the requisite action. Should any person willfully fail to comply with an order so issued, the court shall punish him as for contempt.

History

(1973, c. 476, s. 17.)

§ 143B-18: Repealed by Session Laws 1991, c. 418, s. 10.

Cross References. - As to an agency's exercise of its authority to adopt rules, see Article 2A of Chapter 150B, G.S. 150B-18 et seq.

§ 143B-19. Pending actions and proceedings.

No action or proceeding pending at the time the Executive Organization Act of 1973 takes effect and brought by or against any State agency whose functions, powers, and duties are transferred by the Executive Organization Act of 1973 to a principal State department shall be affected by any provision of the Executive Organization Act of 1973, but the same may be prosecuted or defended in the name of the head of the principal State department. In all such actions and proceedings, the principal State department to which the functions, powers, and duties of a State agency have been transferred shall be substituted as a party upon appropriate application to the courts.

History

(1973, c. 476, s. 19.)

§ 143B-20: Repealed by Session Laws 1991, c. 418, s. 10.

Cross References. - As to an agency's exercise of its authority to adopt rules, see Article 2A of Chapter 150B, G.S. 150B-18 et seq.

§ 143B-21. Affirmation of prior acts of abolished agencies.

The abolition of certain agencies by the Executive Organization Act of 1973 should not be construed as invalidating any lawful prior act of such agency.

History

(1973, c. 476, s. 21.)

§ 143B-22. Terms occurring in laws, contracts and other documents.

Any reference or designation in any statute, contract, or other document pertaining to functions, powers, obligations, and duties of a State agency assigned by the Executive Organization Act of 1973 to a principal State department shall be deemed to refer to the principal State department or the head of the principal State department, as may be appropriate.

History

(1973, c. 476, s. 22.)

§ 143B-23. Completion of unfinished business.

Any business or other matter undertaken or commenced by any State agency or the commissioners or directors thereof, pertaining to or connected with the functions, powers, obligations, and duties hereby transferred to a principal State department, and pending on July 1, 1973, may be conducted and completed by the principal State department in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by the State agency or commissioners and directors thereof.

History

(1973, c. 476, s. 23.)

§ 143B-24. Cooperative agreements; prohibition regarding Health Benefit Exchanges.

1. Except as otherwise provided by law, each principal State department may, with the approval of the Department of Administration, enter into cooperative agreements with the federal government, any state government, any agency of the State government, any local government of the State, jointly with any two or more, or severally, in carrying out its functions.
2. The General Assembly reserves the authority to define the State's level of interaction, if any, with the federally facilitated Health Benefit Exchange that will operate in the State. No department, agency, or institution of this State shall enter into any contracts or commit any resources for the provision of any services related to the federally facilitated Health Benefit Exchange under a "Partnership" Exchange model, except as authorized by the General Assembly. No department, agency, or institution of this State shall take any actions not authorized by the General Assembly toward the formation of a State-run Health Benefit Exchange. It is not the intent of this section to prohibit State-federal interaction that does not pursue a State-run Exchange or "Partnership" Exchange model.

History

(1973, c. 476, s. 24; 2013-5, s. 1(c).)

Editor's Note. - Session Laws 2013-5, s. 1(c), effective March 6, 2013, was codified as subsection (b) at the direction of the Revisor of Statutes.

Session Laws 2013-5, s. 3, provides: "The State will not expand the State's Medicaid eligibility under the Medicaid expansion provided in the Affordable Care Act, P.L. 111-148, as amended, for which the enforcement was ruled unconstitutional by the U.S. Supreme Court in National Federation of Independent Business, et al. v. Sebelius, Secretary of Health and Human Services, et al., 132 S. Ct. 2566 (2012). No department, agency, or institution of this State shall attempt to expand the Medicaid eligibility standards provided in S.L. 2011-145, as amended, or elsewhere in State law, unless directed to do so by the General Assembly."

§ 143B-25. Agencies not enumerated.

Any agency not enumerated in the Executive Organization Act of 1973 but established or created by the General Assembly shall continue to exercise all its powers, duties, and functions subject to the provisions of Chapter 143A of the General Statutes of the State of North Carolina.

History

(1973, c. 476, s. 25.)

§ 143B-26. Constitutional references.

All references to the Constitution of North Carolina in the Executive Organization Act of 1973 refer to the Constitution of North Carolina as effective July 1, 1973.

History

(1973, c. 476, s. 26.)

§ 143B-27: Repealed by Session Laws 1983, c. 717, s. 79.

§ 143B-28. Goals of continuing reorganization.

Structural reorganization of State government should be a continuing process, accomplished through careful executive and legislative appraisal of the placement of proposed new programs and coordination of existing programs in response to changing emphases in public needs and should be consistent with the following goals:

1. The organization of State government should assure its responsiveness to popular control. It is the goal of reorganization to improve the administrative capability of the executive to carry out these policies.
2. The organization of State government should aid communication between citizens and government. It is the goal of reorganization through coordination of related programs in function-oriented departments to improve public understanding of government programs and policies and to improve the relationships between citizens and administrative agencies.
3. The organization of State government should assure efficient and effective administration of the policies established by the General Assembly. It is the goal of reorganization to promote efficiency and effectiveness by improving the management and coordination of State services and by eliminating ineffective, overstaffed, obsolete or overlapping activities.

History

(1973, c. 476, s. 28.)

§ 143B-28.1. Create Collaboration for Prosperity Zones.

For purposes of enhanced collaboration and cooperation between governmental agencies, planning, use of resources, and improved efficiency at a regional level, the State is hereby divided into eight permanent zones as follows:

1. Western Region, consisting of Buncombe, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, Polk, Rutherford, Swain, and Transylvania Counties.
2. Northwest Region, consisting of Alleghany, Ashe, Alexander, Avery, Burke, Caldwell, Catawba, McDowell, Mitchell, Watauga, Wilkes, and Yancey Counties.
3. Southwest Region, consisting of Anson, Cabarrus, Cleveland, Gaston, Iredell, Lincoln, Mecklenburg, Rowan, Stanly, and Union Counties.
4. Piedmont-Triad (Central) Region, consisting of Alamance, Caswell, Davidson, Davie, Forsyth, Guilford, Randolph, Rockingham, Stokes, Surry, and Yadkin Counties.
5. North Central Region, consisting of Chatham, Durham, Edgecombe, Franklin, Granville, Harnett, Johnston, Lee, Nash, Orange, Person, Vance, Wake, Warren, and Wilson Counties.
6. Sandhills (South Central) Region, consisting of Bladen, Columbus, Cumberland, Hoke, Montgomery, Moore, Richmond, Robeson, Sampson, and Scotland Counties.
7. Northeast Region, consisting of Beaufort, Bertie, Camden, Chowan, Currituck, Dare, Gates, Halifax, Hertford, Hyde, Martin, Northampton, Pasquotank, Perquimans, Pitt, Tyrrell, and Washington Counties.
8. Southeast Region, consisting of Brunswick, Carteret, Craven, Duplin, Greene, Jones, Lenoir, New Hanover, Onslow, Pamlico, Pender, and Wayne Counties.

History

(2014-18, s. 3.2.)

Intent to Create Collaboration for Prosperity Zones. - Session Laws 2014-18, s. 3.1, provides: "It is the intent of the General Assembly to establish geographically uniform zones in this State to facilitate collaborative and coordinated planning and use of resources, to improve cooperation with other governmental and nonprofit entities at the local and regional level, to facilitate administrative efficiencies within State government, to receive advice on economic development issues by local boards established by a North Carolina nonprofit corporation with which the Department of Commerce contracts, and, to the extent feasible, to establish one-stop sources in each region for citizens and businesses seeking State services at a regional level.”

Editor's Note. - Session Laws 2014-18, s. 3.3, provides: "The Departments of Commerce, Environment and Natural Resources, and Transportation, the Community Colleges System Office, and the State Board of Education shall, by January 1, 2015, report to the Joint Legislative Commission on Governmental Operations, the Senate Appropriations•ase Budget Committee, and the House Appropriations Committee on how they plan to establish Collaboration for Prosperity Zones as defined by this act."

Session Laws 2014-18, s. 4.1, as amended by Session Laws 2015-241, s. 14.1, and as amended by Session Laws 2016-94, s. 15.8, provides: "No later than January 1, 2015, the Departments of Commerce, Environment and Natural Resources, and Transportation shall have at least one employee physically located in the same office in each of the Collaboration for Prosperity Zones set out in G.S. 143B-28.1 to serve as that department's liaison with the other departments and with local governments, schools and colleges, planning and development bodies, and businesses in that zone. The departments shall jointly select the office. For purposes of this Part, the Department of Commerce may contract with a North Carolina nonprofit corporation pursuant to G.S. 143B-431A [143B-431.01], as enacted by this act, to fulfill the departmental liaison requirements for each office in each of the Collaboration for Prosperity Zones, and the Department of Environment and Natural Resources shall fulfill the departmental liaison requirements from existing and funded positions. The Department of Commerce shall additionally have at least one employee from the Rural Economic Development Division Main Street and Rural Planning Center physically located in each office in each of the Collaboration for Prosperity Zones, who shall be responsible for assisting communities in the Prosperity Zone with adding value to their economic and community development projects by assisting communities with solutions, including economic development strategic planning, land-use planning, implementation services, downtown economic revitalization, and technical support.

"No later than January 1, 2015, the Community Colleges System Office shall designate at least one representative from a community college or from the Community Colleges System Office to serve as a liaison in each Collaboration for Prosperity Zone for the community college system, the community colleges in the zone, and other educational agencies and schools within the zone. A liaison may be from a business center located in a community college. These liaisons are not required to be collocated with the liaisons from the Departments of Commerce, Environment and Natural Resources, and Transportation.

"No later than January 1, 2015, the State Board of Education shall designate at least one representative from a local school administrative unit or from the Department of Public Instruction to serve as a liaison in each Collaboration for Prosperity Zone for the local school administrative units and other public schools within the zone. These liaisons are not required to be collocated with the liaisons from the Departments of Commerce, Environment and Natural Resources, and Transportation."

Session Laws 2014-18, s. 4.2, provides: "In addition to other related tasks assigned by their respective agencies, liaisons in each Collaboration for Prosperity Zone shall work to enhance collaboration and cooperation between their departments and other State agencies, local governmental agencies, and other regional public and nonprofit entities. The liaisons from the Departments of Environment and Natural Resources and Transportation shall work to consolidate and simplify the process for citizens and businesses seeking permits from their respective agencies. The liaisons from the Department of Commerce shall be used to support local economic development efforts, to coordinate such efforts, and to coordinate the Department of Commerce's activities within each Collaboration for Prosperity Zone. The liaisons from the community college system and local school administrative units shall work closely with the Department of Commerce and other State and local governmental agencies and local businesses in the zone to promote job development through career technical education."

Session Laws 2014-18, s. 4.3(a)-(c), provides: "(a) The Departments of Transportation and Environment and Natural Resources shall jointly report to the Office of State Budget and Management, the Joint Legislative Commission on Governmental Operations, the Joint Legislative Transportation Oversight Committee, the Environmental Review Commission, the Senate Appropriations•ase Budget Committee, and the House Appropriations Committee, as follows:

"(1) No later than January 1, 2015, on the establishment of collocated liaisons within each Collaboration for Prosperity Zone and a description of the activities the liaisons have been assigned to perform.

"(2) No later than April 1, 2015, on the activities of the liaisons, specifically any activities undertaken that resulted in enhanced collaboration and coordination with the other Department and with other governmental agencies, improved administrative efficiencies, and any steps taken to make services to citizens and businesses within each zone more efficient, economical, and user-friendly.

"(b) The Community Colleges System Office and the State Board of Education shall each report to the Office of State Budget and Management, the Joint Legislative Commission on Governmental Operations, the Joint Legislative Education Oversight Committee, the Senate Appropriations•ase Budget Committee, and the House Appropriations Committee, as follows:

"(1) No later than January 1, 2015, on the establishment of liaisons within each Collaboration for Prosperity Zone and a description of the activities the liaisons have been assigned to perform.

"(2) No later than April 1, 2015, on the activities of the liaisons, specifically any activities undertaken that resulted in enhanced collaboration and coordination with other governmental agencies, improved planning on use of educational resources, and improved administrative efficiencies.

"(c) The Department of Commerce shall include in its first report under G.S. 143B-431A(f) [143B-431.01], as enacted by this act, a report on the establishment and activities of its liaisons in each Collaboration for Prosperity Zone. The Department of Commerce shall send a copy of this report to the Office of State Budget and Management, the Senate Appropriations•ase Budget Committee, and the House Appropriations Committee."

Session Laws 2014-18, s. 4.4, provides: "The Departments of Commerce, Environment and Natural Resources, and Transportation, the Community Colleges System Office, and the State Board of Education shall use funds available to carry out the requirements of this section. Nothing in this act shall be construed as an authorization for payment of additional compensation for persons serving as liaisons."

Session Laws 2014-18, s. 5, provides: "It is the intent of the General Assembly to receive and review the reports required by Section 4.3 of this act concerning the creation of the Collaboration for Prosperity Zones and to use those reports to further address the following topics:

"(1) Enhancing collaboration and cooperation between State and other governmental agencies in order to streamline and improve services to citizens and businesses, to make such services more user-friendly, and to implement collaborative and cooperative interagency measures to enhance access to services.

"(2) Reducing barriers faced by citizens and businesses in accessing services that are unnecessarily caused by agency specialization, which may produce a 'silo mentality.'

"(3) Additional recommendations regarding liaison personnel, including expanding the requirement to other State departments.

"(4) Ways to integrate collaboration between educational institutions in each Collaboration for Prosperity Zone on the one hand and other governmental agencies and local businesses on the other.

"(5) Requiring the establishment of interagency one-stop shops in each Collaboration for Prosperity Zone.

"(6) Consolidating programs or services.

"(7) Cross-training employees.

"(8) Identifying offices, equipment, and support services that may be efficiently and economically shared between agencies in each Collaboration for Prosperity Zone.

"(9) The grouping of counties within each Collaboration for Prosperity Zone to determine whether there is a better configuration while keeping the same overall number of zones."

Session Laws 2014-18, s. 6.1, provides: "Nothing in this act shall be construed to obligate the General Assembly to appropriate funds to implement this act."

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.' '

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.'"

Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year."

Session Laws 2016-94, s. 39.7, is a severability clause.

Session Laws 2017-57, s. 15.10(a), (b), provides: "(a) For each Collaboration for Prosperity Zone established in G.S. 143B-28.1, the employees of the Department of Commerce in the zone shall submit a report on or before September 1 of each year to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the Joint Legislative Economic Development and Global Engagement Oversight Committee, and the Fiscal Research Division on the following criteria:

"(1) Jobs anticipated to result from efforts of the employees, including the name and contact person of each company creating new jobs in the zone.

"(2) The location of each project, including the development tier designation of the location.

"(3) Project leads that were not submitted to the Department for possible discretionary incentives pursuant to Chapter 143B of the General Statutes.

"(4) Proactive local government outreach to share information and planning services that are available.

"(5) Coordination of regular meetings with Prosperity Zones agency representatives to increase collaboration of services and resources to local communities.

"(6) Completion of strategic economic development plans, downtown revitalization project plans, implementation services, market studies, Geographical Information Systems (GIS) mapping, and assistance with development policies for local governments that can be measured for economic impact, including investment, business growth, and jobs as a result of the planning effort.

"(7) Existing business expansion activities, service requests, and number of contacts and inquiries.

"(8) New business location activities and number of contacts and inquiries.

"(b) The Department of Commerce shall develop performance metrics for Community Planners for the Collaboration for Prosperity Zones established in G.S. 143B-28.1 using the criteria listed in subsection (a) of this section. The Department of Commerce shall submit a report on or before September 1 of each year to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the Joint Legislative Economic Development and Global Engagement Oversight Committee, and the Fiscal Research Division detailing the performance metrics and the measurements observed for each Community Planner within the Collaboration for Prosperity Zones."

Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'"

Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium."

Session Laws 2017-57, s. 39.6, is a severability clause.

§ 143B-29: Reserved for future codification purposes.

PART 2. GOVERNOR'S ADMINISTRATIVE RULES REVIEW COMMISSION.

§§ 143B-29.1 through 143B-29.5: Repealed by Session Laws 1985, c. 746, s. 7.

PART 3. RULES REVIEW COMMISSION.

§ 143B-30: Repealed by Session Laws 1991, c. 418, s. 5.

Cross References. - As to an agency's exercise of its authority to adopt rules, see Article 2A of Chapter 150B, G.S. 150B-18 et seq.

§ 143B-30.1. Rules Review Commission created.

1. The Rules Review Commission is created. The Commission shall consist of 10 members to be appointed by the General Assembly, five upon the recommendation of the President Pro Tempore of the Senate, and five upon the recommendation of the Speaker of the House of Representatives. These appointments shall be made in accordance with G.S. 120-121, and vacancies in these appointments shall be filled in accordance with G.S. 120-122. Except as provided in subsection (b) of this section, all appointees shall serve two-year terms.
2. In 1990, two of the appointments made by the General Assembly upon the recommendation of the President of the Senate shall expire June 30, 1991, and two shall expire June 30, 1992. In 1990, two of the appointments made by the General Assembly upon the recommendation of the Speaker of the House of Representatives shall expire June 30, 1992, and two shall expire June 30, 1993. Subsequent terms shall be for two years.
3. Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, ineligibility, death, or disability of any member shall be for the balance of the unexpired term. The chairman shall be elected by the Commission, and he shall designate the times and places at which the Commission shall meet. The Commission shall meet at least once a month. A quorum of the Commission shall consist of six members of the Commission.
4. Members of the Commission who are not officers or employees of the State shall receive compensation of two hundred dollars ($200.00) for each day or part of a day of service plus reimbursement for travel and subsistence expenses at the rates specified in G.S. 138-5. Members of the Commission who are officers or employees of the State shall receive reimbursement for travel and subsistence at the rate set out in G.S. 138-6.
5. The Chief Administrative Law Judge of the Office of Administrative Hearings shall designate, from among the employees of the Office of Administrative Hearings, the staff of the Rules Review Commission.
6. The Commission shall prescribe procedures and forms to be used in submitting rules to the Commission for review.
7. In the discretion of the Commission, G.S. 114-2.3 and G.S. 147-17(a) through (c1) shall not apply to the Commission if the Commission is being sued by another agency, institution, department, bureau, board, or commission of the State, whether such body is created by the Constitution or by statute. The chairman, upon approval of a majority of the Commission, may retain private counsel to represent the Commission to be paid with available State funds to defend such litigation either independently or in cooperation with the Department of Justice. If private counsel is to be so retained to represent the Commission, the chairman shall designate lead counsel who shall possess final decision-making authority with respect to the representation, counsel, or service for the Commission. Other counsel for the Commission shall, consistent with the Rules of Professional Conduct, cooperate with such designated lead counsel.

History

(1985 (Reg. Sess., 1986), c. 1028, s. 32; 1987 (Reg. Sess., 1988), c. 1111, s. 2; 1989, c. 35, s. 2; 1989 (Reg. Sess., 1990), c. 1038, s. 18; 1991, c. 418, s. 11; 1991 (Reg. Sess., 1992), c. 1030, s. 43; 1995, c. 490, s. 43; 1997-495, s. 90(a), (b); 2004-124, s. 22A.1(b); 2006-66, s. 18.2(f); 2006-221, s. 20; 2009-451, s. 21A.2; 2009-575, s. 19; 2015-196, s. 2; 2015-215, s. 2.7; 2017-57, s. 6.7(e); 2017-102, s. 43.)

Editor's Note. - Session Laws 2004-124, s. 22A.1.(a), provides: "All personnel and equipment presently assigned to the Rules Review Commission for the purpose of carrying out Article 2A of Chapter 150B of the General Statutes, are transferred to the Office of Administrative Hearings by a Type I transfer as defined by G.S. 143A-6(a). The Chief Administrative Law Judge shall be responsible for the hiring of the Director and other staff of the Rules Review Commission."

Session Laws 2009-451, s. 21A.2, as originally written, would have amended subsection (d) of G.S. 143B-30.1, by substituting "two hundred dollars ($200.00)" for "one hundred fifty dollars ($150.00)" in the first sentence of the subsection, effective July 1, 2009. However, Session Laws 2009-451, s. 21A.2 was subsequently amended by Session Laws 2009-575, s. 19, effective July 1, 2009, and now provides: "Notwithstanding G.S 143B-30.1(d), for fiscal year 2010-2011, members of the Rules Review Commission who are not officers or employees of the State shall receive compensation of one hundred fifty dollars ($150.00) for each day or part of a day of service plus reimbursement for travel and subsistence expenses at the rates specified in G.S. 138-5. Members of the Commission who are officers or employees of the State shall receive reimbursement for travel and subsistence at the rate set out in G.S. 138-6."

Session Laws 2009-451, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2009'."

Session Laws 2009-451, s. 28.5, is a severability clause.

Effect of Amendments. - Session Laws 2004-124, s. 22A.1(b), effective July 1, 2004, in subsection (c), deleted the former last sentence, which read: "The Commission is an independent agency under Article III, Section 11 of the Constitution," and added the present last sentence; and in subsection (e), substituted "Chief Administrative Law Judge, Office of Administrative Hearings" for "Commission" at the end of the first sentence.

Session Laws 2006-66, s. 18.2(f), as added by Session Laws 2006-221, s. 20, effective July 1, 2006, in subsection (c), deleted the last sentence, which read: "The Chief Administrative Law Judge, Office of Administrative Hearings, shall be responsible for the hiring and supervision of the Director and staff to the Commission."; and rewrote subsection (e), which made employee appointments the responsibility of the Administrative Law Judge and made employees nonexempt from the State Personnel Act.

Session Laws 2015-196, s. 2, effective August 5, 2015, and Session Laws 2015-215, s. 2.7, effective August 18, 2015, added subsection (g).

Session Laws 2017-57, s. 6.7(e), effective July 1, 2017, substituted "(a) through (c1)" for "(a) through (c)" in subsection (g).

Session Laws 2017-102, s. 43, effective July 12, 2017, rewrote subsection (e), which formerly read: "The Chief Administrative Law Judge, Office of Administrative Hearings, shall assign the staff and designate the Director of the Commission in accordance with G.S. 7A-760"; and deleted the second sentence in (f), which formerly read: "The Commission may have computer access to the North Carolina Administrative Code to enable the Commission and its staff to view and copy rules in the Code."

Opinions of Attorney General

Power to Delay Effective Date of Agency Rules Probably Violates This Section. - An act vesting in the Administrative Rules Review Commission (ARRC), a commission appointed by the General Assembly, the power to delay indefinitely the effective date of duly-adopted agency rules which it deems in excess of statutory authority would likely be held to violate this section by vesting the ARRC with judicial powers reserved to the court and with supreme legislative powers reserved to the General Assembly. See opinion of Attorney General to Henson P. Barnes, President Pro Tempore, Senate, - N.C.A.G. - (February 25, 1991).

§ 143B-30.2. Purpose of Commission.

The Rules Review Commission reviews administrative rules in accordance with Chapter 150B of the General Statutes.

History

(1985 (Reg. Sess., 1986), c. 1028, s. 32; 1987, c. 285, ss. 1-5; 1991, c. 418, s. 12.)

Cross References. - As to an agency's exercise of its authority to adopt rules, see Article 2A of Chapter 150B, G.S. 150B-18 et seq.

Opinions of Attorney General

Delegation of Power to Delay Effective Date of Agency Rules Probably Violates This Section. - An act vesting in the Administrative Rules Review Commission (ARRC), a commission appointed by the General Assembly, the power to delay indefinitely the effective date of duly adopted agency rules which it deems in excess of statutory authority would likely be held to violate this section by vesting the ARRC with judicial powers reserved to the court and with supreme legislative powers reserved to the General Assembly. See opinion of Attorney General to Henson P. Barnes, President Pro Tempore, Senate, 60 N.C.A.G. 70 (1991).

§ 143B-30.3: Repealed by Session Laws 1991, c. 418, s. 5.

Cross References. - As to an agency's exercise of its authority to adopt rules, see Article 2A of Chapter 150B, G.S. 150B-18 et seq.

§ 143B-30.4. Evidence.

Evidence of the Commission's failure to object to and delay the filing of a rule or its part shall be inadmissible in all civil or criminal trials or other proceedings before courts, administrative agencies, or other tribunals.

History

(1985 (Reg. Sess., 1986), c. 1028, s. 32.)

§§ 143B-31 through 143B-48: Reserved for future codification.

§ 143B-49. Department of Natural and Cultural Resources - creation, powers and duties.

There is hereby created a department to be known as the "Department of Natural and Cultural Resources," with the organization, duties, functions, and powers defined in the Executive Organization Act of 1973.

History

(1973, c. 476, s. 29; 2002-180, s. 3.2; 2015-241, s. 14.30(s).)

Editor's Note. - Session Laws 2010-31, s. 9.8, provides: "The A+ Schools program is transferred from the University of North Carolina at Greensboro to the North Carolina Arts Council in the Department of Cultural Resources, as if by a Type I transfer as defined in G.S. 143A-6, with all the elements of such a transfer. The program transfer shall include the sum of fifty-eight thousand six hundred thirty-eight dollars ($58,638)."

Session Laws 2010-31, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2010'."

Session Laws 2010-31, s. 32.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2010-2011 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2010-2011 fiscal year."

Session Laws 2010-31, s. 32.6, is a severability clause.

Session Laws 2012-142, s. 18.3, provides: "The Department of Cultural Resources shall develop comprehensive five-year plans for the Tryon Palace Historic Sites and Gardens and the North Carolina Transportation Museum. The Roanoke Island Commission shall develop a comprehensive five-year plan for the Elizabeth II State Historic Site and Visitor Center, the Elizabeth II, Ice Plant Island, and all other properties under the administration of the Department of Cultural Resources located on Roanoke Island. The plans shall describe in detail revenue and expenditure projections, proposed reductions in scope or expenditures, and each site's plans to further develop non-State sources of funding in accordance with the reductions in appropriations implemented in S.L. 2011-145, including the feasibility of privatization. The Department and the Roanoke Island Commission shall submit their reports to the Chairs of the House Appropriations Subcommittee on General Government and the Chairs of the Senate Appropriations Committee on General Government and Information Technology by February 1, 2013."

Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'"

Session Laws 2012-142, s. 27.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year."

Session Laws 2012-142, s. 27.7 is a severability clause.

Session Laws 2015-241, s. 14.30(a), as amended by Session Laws 2015-268, s. 5.4(a), provides: "The Department of Cultural Resources is renamed the Department of Natural and Cultural Resources, and all functions, powers, duties, and obligations vested in the following programs, divisions, and entities within the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Department of Natural and Cultural Resources by a Type I transfer, as defined in G.S. 143A-6:

"(1) The Division of Parks and Recreation.

"(2) The State Parks System, including Mount Mitchell State Park.

"(3) The North Carolina Aquariums Division.

"(4) The North Carolina Zoological Park.

"(5) The North Carolina Museum of Natural Sciences.

"(6) Clean Water Management Trust Fund.

"(7) The Natural Heritage Program, within the Office of Land and Water Stewardship."

Session Laws 2015-241, s. 14.30(ddd), effective July 1, 2015, rewrote the Article heading, which read: "Department of Cultural Resources."

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" in the section heading and text.

§ 143B-50. Duties of the Department.

It shall be the duty of the Department to do the following:

1. To provide the necessary management, development of policy and establishment and enforcement of standards for the furtherance of resources, services and programs involving the arts and the historical and cultural aspects of the lives of the citizens of North Carolina.
2. To provide and keep a museum or collection of the natural history of the State and to maintain the North Carolina Biological Survey.

History

(1973, c. 476, s. 30; 2015-241, s. 14.30(fff).)

Study Further Efficiencies in Organization of Department of Natural and Cultural Resources and Department of Environmental Quality. - Session Laws 2015-241, s. 14.31(a), (b), provides: "(a) The Department of Cultural Resources, in consultation with the Department of Environment and Natural Resources and the Wildlife Resources Commission, shall study and report on the potential for efficiency, cost savings, and alignment of core mission and values that would be created from the transfer of the following agencies, divisions, or programs to the reorganized Department of Natural and Cultural Resources created by Section 14.30 of this act:

"(1) Albemarle-Pamlico National Estuary Partnership.

"(2) Coastal Reserves Program.

"(3) Office of Land and Water Stewardship.

"(4) All or a portion of the Office of Environmental Education and Public Affairs.

"(5) Division of Marine Fisheries.

"(6) Wildlife Resources Commission.

"(b) The Department shall report as required by subsection (a) of this section no later than April 1, 2016, to the chairs of the Senate Appropriations Committee on Natural and Economic Resources, the chairs of the House Appropriations Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division."

Editor's Note. - Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(fff), effective July 1, 2015, inserted "to do the following: (1)" and added subdivision (2).

§ 143B-50.1. Additional powers and duties of the Department regarding recreation.

1. Definition. - As used in this section, "recreation" means those interests that are diversionary in character and that aid in promoting entertainment, pleasure, relaxation, instruction, and other physical, mental, and cultural developments and experiences of a leisure nature, and includes all governmental, private nonprofit, and commercial recreation forms of the recreation field and includes parks, conservation, recreation travel, the use of natural resources, wilderness, and high density recreation types and the variety of recreation interests in areas and programs which are incorporated in this range.
2. Recreation. - The Department shall have the following powers and duties with respect to recreation:
   1. To study and appraise the recreation needs of the State and to assemble and disseminate information relative to recreation.
   2. To cooperate in the promotion and organization of local recreation systems for counties, municipalities, and other political subdivisions of the State, to aid them in the administration, finance, planning, personnel, coordination and cooperation of recreation organizations and programs.
   3. To aid in recruiting, training, and placing recreation workers, and to promote recreation institutes and conferences.
   4. To establish and promote recreation standards.
   5. To cooperate with appropriate State, federal, and local agencies and private membership groups and commercial recreation interests in the promotion of recreation opportunities, and to represent the State in recreation conferences, study groups, and other matters of recreation concern.
   6. To accept gifts, devises, and endowments. The funds, if given as an endowment, shall be invested in securities designated by the donor, or if there is no such designation, in securities in which the State sinking fund may be invested. All such gifts and devises and all proceeds from such invested endowments shall be used for carrying out the purposes for which they were made.
   7. To advise agencies, departments, organizations and groups in the planning, application and use of federal and State funds which are assigned or administered by the State for recreation programs and services on land and water recreation areas and on which the State renders advisory or other recreation services or upon which the State exercises control.
   8. To act jointly, when advisable, with any other State, local or federal agency, institution, private individual or group in order to better carry out the Department's objectives and responsibilities.
3. Federal Assistance. - The Department, with the approval of the Governor, may apply for and accept grants from the federal government and its agencies and from any foundation, corporation, association, or individual, and may comply with the terms, conditions, and limitations of the grant, in order to accomplish any of the purposes of the Department. Grant funds shall be expended pursuant to the State Budget Act. The Director of the Department's Division of Parks and Recreation is designated as the State liaison officer with respect to funding through the federal Land and Water Conservation Fund or any successor fund established for similar purposes, and the Secretary may designate additional personnel to assist the Director in the responsibilities imposed by this subsection.

History

(2019-20, s. 4(a), (c); 2020-78, s. 8.1.)

Editor's Note. - This section is former G.S. 143-323(a) and (d), recodified as subsections (b) and (c) of this section by Session Laws 2019-20, s. 4(a).

Session Laws 2019-20, s. 5, made this section effective June 3, 2019.

Session Laws 2020-78, s. 22.1, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium."

Session Laws 2020-78, s. 22.3, is a severability clause.

Effect of Amendments. - Session Laws 2019-20, s. 4(c), effective June 3, 2019, added subsection (a); deleted "of Environmental Quality" following "Department" in the introductory language of subsection (b); and, in subsection (c), substituted "State Budget Act" for "Executive Budget Act" at the end of the first sentence and added the last sentence.

Session Laws 2020-78, s. 8.1, effective July 1, 2020, substituted "is designated as the State liaison officer with respect to" for "shall be designated as having the authority and responsibility to accept and administer" in the last sentence of subsection (c).

§ 143B-51. Functions of the Department.

1. The functions of the Department of Natural and Cultural Resources shall comprise, except as otherwise expressly provided by the Executive Organization Act of 1973 or by the Constitution of North Carolina, all executive functions of the State in relation to the development and preservation of libraries, historical records, sites and property, and of an appreciation of art and music and further including those prescribed powers, duties, and functions enumerated in Article 17 of Chapter 143A of the General Statutes of this State.
2. All such functions, powers, duties, and obligations heretofore vested in any agency enumerated in Article 17 of Chapter 143A of the General Statutes are hereby transferred to and vested in the Department of Natural and Cultural Resources except as otherwise provided by the Executive Organization Act of 1973. They shall include, by way of extension and not of limitation, the functions of:
   1. The Secretary and Department of Art, Culture and History;
   2. The State Department of Archives and History;
   3. The North Carolina Advisory Council on Historic Preservation;
   4. The North Carolina State Library;
   5. The Interstate Library Compact;
   6. The North Carolina Museum of Art;
   7. Repealed by Session Laws 2012-120, s. 1(c), effective October 1, 2012.
   8. The North Carolina Symphony Society, Inc.;
   9. The State Art Museum Building Commission;
   10. The Library Certification Board;
   11. The Tryon Palace Commission;
   12. The North Carolina Arts Council;
   13. The U.S.S. North Carolina Battleship Commission;
   14. , (15) Repealed by Session Laws 2015-184, s. 6, effective August 5, 2015.

(16) The Executive Mansion Fine Arts Commission;

(17) Repealed by Session Laws 2015-184, s. 6, effective August 5, 2015.

(18) The North Carolina Awards Commission;

(19) Repealed by Session Laws 2015-184, s. 6, effective August 5, 2015.

(20) The Roanoke Island Historical Association, Inc.;

(21) through (23) Repealed by Session Laws 2015-184, s. 6, effective August 5, 2015.

(24) The Edenton Historical Commission;

(25) The Historic Bath Commission;

(26) The Historic Hillsborough Commission; and

(27) Repealed by Session Laws 2015-184, s. 6, effective August 5, 2015.

(28) The Historic Murfreesboro Commission.

(29) through (39) Repealed by Session Laws 2015-184, s. 6, effective August 5, 2015.

History

(1973, c. 476, s. 31; 2012-120, s. 1(c); 2015-184, s. 6; 2015-241, s. 14.30(s).)

Cross References. - As to allotments from the Contingency and Emergency Fund of the State to outdoor historical dramas, see G.S. 143-204.8.

Editor's Note. - Article 17 of Chapter 143A, referred to in this section, was repealed by Session Laws 1973, c. 476, which enacted this Chapter.

Effect of Amendments. - Session Laws 2012-120, s. 1(c), effective October 1, 2012, repealed subdivision (b)(7), which read: "The North Carolina State Art Society, Inc."

Session Laws 2015-184, s. 6, effective August 5, 2015, deleted subdivisions (b)(14), (15), (17), (19), (21) through (23), (27), and (29) through (39) and made related changes.

Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" in subsection (a) and in the introductory language of subsection (b).

§ 143B-52. Head of the Department.

The Secretary of Natural and Cultural Resources shall be the head of the Department.

History

(1973, c. 476, s. 32; 2015-241, s. 14.30(t).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted "Secretary of Natural and Cultural Resources" for "Secretary of Cultural Resources."

§ 143B-53. Organization of the Department.

1. The Department of Cultural Resources shall be organized initially to include the Art Commission, the Art Museum Building Commission, the North Carolina Historical Commission, the Tryon Palace Commission, the U.S.S. North Carolina Battleship Commission, the Executive Mansion Fine Arts Committee, the North Carolina Awards Committee, the North Carolina Arts Council, the Public Librarian Certification Commission, the State Library Commission, the North Carolina Symphony Society, Inc., and the Division of the State Library, the Division of Archives and History, the Division of the Arts, and such other divisions as may be established under the provisions of the Executive Organization Act of 1973.
2. The Department of Natural and Cultural Resources shall include the currently existing entities listed in subsection (a) of this section and the following additional entities:
   1. The Parks and Recreation Division.
   2. The State Parks System, including Mount Mitchell State Park.
   3. The North Carolina Aquariums Division.
   4. The North Carolina Zoological Park.
   5. The Museum of Natural Sciences.
   6. The Clean Water Management Trust Fund.
   7. The Natural Heritage Program.
   8. North Carolina Zoological Park Council.
   9. Advisory Commission for North Carolina State Museum of Natural Sciences.

(6) North Carolina Parks and Recreation Authority.

(7) North Carolina Trails Committee.

History

(1973, c. 476, s. 33; 1981, c. 918, s. 1; 2006-66, s. 22.22(e); 2006-221, s. 23; 2012-120, s. 1(d); 2015-184, s. 7; 2015-241, s. 14.30(ggg).)

Study Further Efficiencies in Organization of Department of Natural and Cultural Resources and Department of Environmental Quality. - Session Laws 2015-241, s. 14.31(a), (b), provides: "(a) The Department of Cultural Resources, in consultation with the Department of Environment and Natural Resources and the Wildlife Resources Commission, shall study and report on the potential for efficiency, cost savings, and alignment of core mission and values that would be created from the transfer of the following agencies, divisions, or programs to the reorganized Department of Natural and Cultural Resources created by Section 14.30 of this act:

"(1) Albemarle-Pamlico National Estuary Partnership.

"(2) Coastal Reserves Program.

"(3) Office of Land and Water Stewardship.

"(4) All or a portion of the Office of Environmental Education and Public Affairs.

"(5) Division of Marine Fisheries.

"(6) Wildlife Resources Commission.

"(b) The Department shall report as required by subsection (a) of this section no later than April 1, 2016, to the chairs of the Senate Appropriations Committee on Natural and Economic Resources, the chairs of the House Appropriations Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division."

Editor's Note. - Session Laws 2010-31, s. 9.8, provides: "The A+ Schools program is transferred from the University of North Carolina at Greensboro to the North Carolina Arts Council in the Department of Cultural Resources, as if by a Type I transfer as defined in G.S. 143A-6, with all the elements of such a transfer. The program transfer shall include the sum of fifty-eight thousand six hundred thirty-eight dollars ($58,638)."

Session Laws 2010-31, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2010'."

Session Laws 2010-31, s. 32.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2010-2011 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2010-2011 fiscal year."

Session Laws 2010-31, s. 32.6, is a severability clause.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2006-66, s. 22.22(e), as added by Session Laws 2006-221, s. 23, effective July 1, 2006, substituted "North Carolina State Art Society" for "North Carolina Art Society."

Session Laws 2012-120, s. 1(d), effective October 1, 2012, deleted "the North Carolina State Art Society" following "North Carolina Symphony Society, Inc."

Session Laws 2015-184, s. 7, effective August 5, 2015, deleted "the Sir Walter Raleigh Commission," "the American Revolution Bicentennial Committee," and "the America's Four Hundredth Anniversary Committee" in the first paragraph.

Session Laws 2015-241, s. 14.30(ggg), effective July 1, 2015, inserted the subsection (a) designation and added subsection (b).

§ 143B-53.1. Appropriation, allotment, and expenditure of funds for historic and archeological property.

The Department of Natural and Cultural Resources may not expend any State funds for the acquisition, preservation, restoration, or operation of historic or archeological real and personal property, and the Director of the Budget may not allot any appropriations to the Department of Natural and Cultural Resources for a particular historic site until (i) the property or properties shall have been approved for such purpose by the Department of Natural and Cultural Resources according to criteria adopted by the North Carolina Historical Commission, (ii) the report and recommendation of the North Carolina Historical Commission has been received and considered by the Department of Natural and Cultural Resources, and (iii) the Department of Natural and Cultural Resources has found that there is a feasible and practical method of providing funds for the acquisition, restoration and/or operation of such property.

History

(1963, c. 210, s. 3; 1973, c. 476, s. 48; 1985 (Reg. Sess; 1986), c. 1014, s. 171(e); 2006-203, s. 7; 2015-241, s. 14.30(s).)

Editor's Note. - This section was formerly G.S. 143-31.2. It was recodified pursuant to Session Laws 2006-203, s. 7, effective July 1, 2007.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" throughout the section.

§ 143B-53.2. Salaries, promotions, and leave of employees of the North Carolina Department of Natural and Cultural Resources.

1. and (b) Repealed by Session Laws 2007-484, s. 9(b), effective August 30, 2007.
2. The exemptions to Chapter 126 of the General Statutes authorized by G.S. 126-5(c11) for the employees of the Department of Natural and Cultural Resources listed in that subsection shall be used to develop organizational classification and compensation innovations that will result in the enhanced efficiency of operations. The Office of State Human Resources shall assist the Secretary of Natural and Cultural Resources in the development and implementation of an organizational structure and human resources programs that make the most appropriate use of the exemptions, including (i) a system of job categories or descriptions tailored to the agency's needs; (ii) policies regarding paid time off for agency personnel and the voluntary sharing of such time off; and (iii) a system of uniform performance assessments for agency personnel tailored to the agency's needs. The Secretary of Natural and Cultural Resources may, under the supervision of the Office of State Human Resources, develop and implement organizational classification and compensation innovations having the potential to benefit all State agencies.

History

(2006-204, s. 3; 2007-484, s. 9(b); 2013-382, s. 9.1(c); 2015-241, s. 14.30(s), (x).)

Editor's Note. - Session Laws 2006-204, s. 3, enacted this section as G.S. 143B-54; it was recodified as G.S. 143B-53.2 at the direction of the Revisor of Statutes.

Session Laws 2013-382, s. 9.1(b), provides: "The following entities and positions created by Chapter 126 of the General Statutes are hereby renamed by this act:

"(1) The State Personnel Commission is renamed the 'North Carolina Human Resources Commission.'

"(2) The Office of State Personnel is renamed the 'North Carolina Office of State Human Resources.'

"(3) The State Personnel Director is renamed the 'Director of the North Carolina Office of State Human Resources.'"

Session Laws 2013-382, s. 9.1(c), provides: "Modification of References. - The Revisor of Statutes shall delete any references in the General Statutes to the State Personnel Act, State Personnel Commission, the State Personnel Director, and the Office of State Personnel (or any derivatives thereof) and substitute references to the North Carolina Human Resources Act, the State Human Resources Commission, the Director of the Office of State Human Resources, and the Office of Human Resources (or the appropriate derivative thereof) to effectuate the renaming set forth in this section wherever conforming changes are necessary."

Effect of Amendments. - Session Laws 2007-484, s. 9(b), effective August 30, 2007, deleted subsections (a) and (b) which listed state employees exempt from the classification and compensation rules in the first sentence; and, in subsection (c), inserted "to Chapter 126 of the General Statutes" and substituted "G.S. 126-5(c11) for the employees of the Department of Cultural Resources listed in that subsection" for "subsection (a) of this section and enumerated in subsection (b) of this section."

Session Laws 2013-382, s. 9.1(c), effective August 21, 2013, substituted "Office of State Human Resources" for "Office of State Personnel" twice in subsection (c).

Session Laws 2015-241, s. 14.30(s), (x), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" twice and substituted "Secretary of Natural and Cultural Resources" for "Secretary of the Department of Cultural Resources" twice.

§ 143B-53.3. Queen Anne's Revenge Project.

1. Fund. - The Queen Anne's Revenge Project Special Fund is created as a special, interest-bearing revenue fund within the Department of Natural and Cultural Resources, Office of Archives and History. The Fund shall consist of all receipts derived from donations, gifts, devises, and earned revenue. The monies in the Fund may be used only for contracted services, personal services and operations, conference and meeting expenses, travel, staff salaries, operations for laboratory needs, museum exhibits, and other administrative costs related to the Queen Anne's Revenge Project. The staff of the Office of Archives and History and the Department of Natural and Cultural Resources shall determine how the funds shall be used for the purposes of the Queen Anne's Revenge Project, and those funds are hereby appropriated for those purposes.
2. Application. - This section applies to the Queen Anne's Revenge, the historic shipwreck owned by the State and managed by the Department of Natural and Cultural Resources, Office of Archives and History.
3. Reports. - The Department of Natural and Cultural Resources shall submit a report by September 30 of each year to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the chairs of the House of Representatives Appropriations Committee on Agriculture and Natural and Economic Resources, the chairs of the Senate Appropriations Committee on Natural and Economic Resources, and the Fiscal Research Division. 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

(2014-100, s. 19.4; 2015-241, s. 14.30(s), (hhh); 2017-57, ss. 14.1(dd), 14.3(d).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(s), (hhh), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" throughout the section; and substituted "chairs of the House of Representatives Appropriations Committee on Agriculture and Natural and Economic Resources, the chairs of the Senate Appropriations Committee on Natural and Economic Resources," for "House of Representatives Appropriations Subcommittee on General Government, the Senate Appropriations Committee on General Government and Information Technology," in subsection (c).

Session Laws 2017-57, ss. 14.1(dd) and 14.3(d), effective July 1, 2017, substituted "Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources" for "Joint Legislative Commission on Governmental Operations" in subsection (c); and in subsection (a), substituted "donations, gifts, devises" for "private donations, grant funds" in the second sentence and substituted "shall be used" for "will be used" in the last sentence.

§ 143B-53.10. Annual report on fees.

The Department of Natural and Cultural Resources shall submit a report by October 15 of each year to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources on fees charged in the previous fiscal year at all historic sites, museums, aquariums, and State parks and at the North Carolina Zoological Park and the U.S.S. North Carolina Battleship. The report shall include all of the following:

1. For each site, the amount and type of fees charged.
2. For each site, the total amount collected by type of fee and how the funds were expended.
3. Visitor information for each site, including a breakdown of fee-paying visitors and visitors whose fees were waived, such as visitors in school groups.
4. Any fee changes and a justification for any increases or decreases.
5. Number of days the site was open to visitors.
6. Plans, if known, to change fees in the upcoming year.

History

(2020-78, s. 8.2(a).)

Editor's Note. - Session Laws 2020-78, s. 22.1, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium."

Session Laws 2020-78, s. 22.3, is a severability clause.

Session Laws 2020-78, s. 22.4 made this section effective July 1, 2020.

PART 2. ART COMMISSION.

§§ 143B-54 through 143B-57: Repealed by Session Laws 1979, 2nd Session, c. 1306, s. 5.

Cross References. - For present provisions as to the administration of the North Carolina Museum of Art, see G.S. 140-5.12 et seq.

PART 3. ART MUSEUM BUILDING COMMISSION.

§§ 143B-58 through 143B-61.1: Repealed by Session Laws 2000-140, s. 78, effective July 21, 2000.

PART 4. NORTH CAROLINA HISTORICAL COMMISSION.

§ 143B-62. North Carolina Historical Commission - creation, powers and duties.

There is hereby created the North Carolina Historical Commission of the Department of Natural and Cultural Resources to give advice and assistance to the Secretary of Natural and Cultural Resources and to promulgate rules and regulations to be followed in the acquisition, disposition, preservation, and use of records, artifacts, real and personal property, and other materials and properties of historical, archaeological, architectural, or other cultural value, and in the extension of State aid to other agencies, counties, municipalities, organizations, and individuals in the interest of historic preservation.

1. The Historical Commission shall have the following powers and duties:
   1. To advise the Secretary of Natural and Cultural Resources on the scholarly editing, writing, and publication of historical materials to be issued under the name of the Department.
   2. To evaluate and approve proposed nominations of historic, archaeological, architectural, or cultural properties for entry on the National Register of Historic Places.
   3. To evaluate and approve the State plan for historic preservation as provided for in Chapter 121.
   4. To evaluate and approve historic, archaeological, architectural, or cultural properties proposed to be acquired and administered by the State.
   5. To evaluate and prepare a report on its findings and recommendations concerning any property not owned by the State for which State aid or appropriations are requested from the Department of Natural and Cultural Resources, and to submit its findings and recommendations in accordance with Chapter 121.
   6. To serve as an advisory and coordinative mechanism in and by which State undertakings of every kind that are potentially harmful to the cause of historic preservation within the State may be discussed, and where possible, resolved, particularly by evaluating and making recommendations concerning any State undertaking which may affect a property that has been entered on the National Register of Historic Places as provided for in Chapter 121 of the General Statutes of North Carolina.
   7. To exercise any other powers granted to the Commission by provisions of Chapter 121 of the General Statutes of North Carolina.
   8. To give its professional advice and assistance to the Secretary of Natural and Cultural Resources on any matter which the Secretary may refer to it in the performance of the Department's duties and responsibilities provided for in Chapter 121 of the General Statutes of North Carolina.
   9. To serve as a search committee to seek out, interview, and recommend to the Secretary of Natural and Cultural Resources one or more experienced and professionally trained historian(s) for either the position of Deputy Secretary of Archives and History when a vacancy occurs, and to assist and cooperate with the Secretary in periodic reviews of the performance of the Deputy Secretary.
   10. To assist and advise the Secretary of Natural and Cultural Resources and the Deputy Secretary of Archives and History in the development and implementation of plans and priorities for the State's historical programs.
2. The Historical Commission shall have the power and duty to establish standards and provide rules and regulations as follows:
   1. For the acquisition and use of historical materials suitable for acceptance in the North Carolina Office of Archives and History.
   2. For the disposition of public records under provisions of Chapter 121 of the General Statutes of North Carolina.
   3. For the certification of records in the North Carolina State Archives as provided in Chapter 121 of the General Statutes of North Carolina.
   4. For the use by the public of historic, architectural, archaeological, or cultural properties as provided in Chapter 121 of the General Statutes of North Carolina.
   5. For the acquisition of historic, archaeological, architectural, or cultural properties by the State.
   6. For the extension of State aid or appropriations through the Department of Natural and Cultural Resources to counties, municipalities, organizations, or individuals for the purpose of historic preservation or restoration.
   7. For qualification for grants-in-aid or other assistance from the federal government for historic preservation or restoration as provided in Chapter 121 of the General Statutes of North Carolina. This section shall be construed liberally in order that the State and its citizens may benefit from such grants-in-aid.
3. The Commission shall adopt rules and regulations consistent with the provisions of this section. All current rules and regulations heretofore adopted by the Executive Board of the State Department of Archives and History, the Historic Sites Advisory Committee, the North Carolina Advisory Council on Historical Preservation, and the Executive Mansion Fine Arts Commission shall remain in full force and effect unless and until repealed or superseded by action of the Historical Commission. All rules and regulations adopted by the Commission shall be enforced by the Department of Natural and Cultural Resources.

f1. For the extension of State aid or appropriations through the Department of Natural and Cultural Resources to nonstate-owned nonprofit history museums.

History

(1973, c. 476, s. 44; 1977, c. 513, s. 2; 1979, c. 861, s. 6; 1985 (Reg. Sess., 1986), c. 1014, s. 171(f); 1997-411, ss. 1-3; 2002-159, s. 35(k); 2015-184, s. 8; 2015-241, s. 14.30(s), (t).)

Effect of Amendments. - Session Laws 2015-184, s. 8, effective August 5, 2015, deleted "and the Memorials Commission" following "Executive Mansion Fine Arts Commission" in subdivision (3) and made related changes.

Session Laws 2015-241, s. 14.30(s), (t), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" and substituted "Secretary of Natural and Cultural Resources" for "Secretary of Cultural Resources" throughout the section.

§ 143B-63. Historical Commission - members; selection; quorum; compensation.

The Historical Commission of the Department of Natural and Cultural Resources shall consist of 11 members appointed by the Governor.

The members of the North Carolina Historical Commission shall include the members of the existing North Carolina Historical Commission who shall serve for a period equal to the remainder of their current terms on the Commission, plus four additional appointees of the Governor, two of whose appointments shall expire March 31, 1979, and two of whose appointments shall expire March 31, 1981. At the end of the respective terms of office of the members, their successors shall be appointed for terms of six years and until their successors are appointed and qualify. Of the members, at least five shall have professional training or experience in the fields of archives, history, historic preservation, historic architecture, archaeology, or museum administration, including at least three currently involved in the teaching of history at the college or university level or in administering archives or historical collections or programs. Any appointment to fill a vacancy on the Commission created by resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term.

The Governor shall have the power to remove any member of the Commission from office for misfeasance, malfeasance or nonfeasance according to the provisions of G.S. 143B-13 of the Executive Organization Act of 1973.

The members of the Commission shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.

A majority of the Commission shall constitute a quorum for the transaction of business.

All clerical and other services required by the Commission shall be supplied by the Secretary of Natural and Cultural Resources.

History

(1973, c. 476, s. 45; 1977, c. 513, s. 1; 2015-241, s. 14.30(s), (t).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(s), (t), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" in the first paragraph and substituted "Secretary of Natural and Cultural Resources" for "Secretary of Cultural Resources" in the last paragraph.

§ 143B-64. Historical Commission - officers.

The Historical Commission shall have a chairman and a vice-chairman. The chairman shall be designated by the Governor from among the members of the Commission to serve as chairman at the pleasure of the Governor. The vice-chairman shall be elected by and from the members of the Commission and shall serve for a term of two years or until the expiration of his regularly appointed term.

History

(1973, c. 476, s. 46.)

§ 143B-65. Historical Commission - regular and special meetings.

The Historical Commission shall meet at least twice per year and may hold special meetings at any time and place within the State at the call of the chairman or upon the written request of at least four members.

History

(1973, c. 476, s. 42.)

PART 5. ARCHAEOLOGICAL ADVISORY COMMITTEE.

§ 143B-66: Repealed by Session Laws 1985 (Regular Session, 1986), c. 1028, s. 10.

PART 6. PUBLIC LIBRARIAN CERTIFICATION COMMISSION.

§ 143B-67. Public Librarian Certification Commission - creation, powers and duties.

There is hereby created the Public Librarian Certification Commission of the Department of Natural and Cultural Resources with the power and duty to adopt rules and regulations to be followed in the certification of public librarians. The Commission is authorized to establish and require written examinations for certified public librarian applicants.

The Commission shall adopt such rules and regulations consistent with the provisions of this Chapter. All rules and regulations consistent with the provisions of this Chapter heretofore adopted by the Library Certification Board shall remain in full force and effect unless and until repealed or superseded by action of the Public Librarian Certification Commission. All rules and regulations adopted by the Commission shall be enforced by the Department of Natural and Cultural Resources.

History

(1973, c. 476, s. 49; 1981 (Reg. Sess., 1982), c. 1359, s. 4; 2015-241, s. 14.30(s).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" in the first and second paragraphs.

§ 143B-68. Public Librarian Certification Commission - members; selection; quorum; compensation.

The Public Librarian Certification Commission of the Department of Natural and Cultural Resources shall consist of five members as follows: (i) the chairman of the public libraries section of the North Carolina Library Association, (ii) two individuals named by the Governor upon the nomination of the North Carolina Library Association, (iii) the dean, department chair, program director, or equivalent of a State or regionally accredited graduate school of librarianship in North Carolina appointed by the Governor, and (iv) one member at large appointed by the Governor.

The members shall serve four-year terms or while holding the appropriate chairmanship. Any appointment to fill a vacancy created by the resignation, dismissal, death or disability of a member shall be for the balance of the unexpired term.

The Governor shall have the power to remove any member of the Commission from office for misfeasance, malfeasance, and nonfeasance according to the provisions of G.S. 143B-13 of the Executive Organization Act of 1973.

The members of the Commission shall receive per diem, and necessary travel expenses in accordance with the provisions of G.S. 138-5.

A majority of the Commission shall constitute a quorum for the transaction of business.

All clerical and other services required by the Commission shall be supplied by the Secretary of the Department through the regular staff of the Department.

History

(1973, c. 476, s. 50; 2015-241, s. 14.30(s); 2017-212, s. 8.12; 2020-74, s. 19(a).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" in the first paragraph.

Session Laws 2017-212, s. 8.12, effective October 8, 2017, in the first paragraph, deleted subdivision (i), which formerly read: "the chairman of the North Carolina Association of Library Trustees," redesignated the remaining subdivisions accordingly, substituted "two individuals" for "one individual" at the beginning of subdivision (ii), and made a minor punctuation change; and in the second undesignated paragraph, substituted "chairmanship" for "chairmanships" following "appropriate" in the first sentence.

Session Laws 2020-74, s. 19(a), effective July 1, 2020, added "department chair, program director, or equivalent" in (iii) in the first paragraph.

§ 143B-69. Public Librarian Certification Commission - officers.

The Public Librarian Certification Commission shall have a chairman and a vice-chairman. The chairman shall be designated by the Governor from among the members of the Commission to serve as chairman at his pleasure. The vice-chairman shall be elected by and from the members of the Commission and shall serve for a term of two years or until the expiration of his regularly appointed term.

History

(1973, c. 476, s. 51.)

§ 143B-70. Public Librarian Certification Commission - regular and special meetings.

The Public Librarian Certification Commission shall meet at least once in each quarter and may hold special meetings at any time and place within the State at the call of the chairman or upon the written request of at least three members.

History

(1973, c. 476, s. 52.)

PART 7. TRYON PALACE COMMISSION.

§ 143B-71. Tryon Palace Commission - creation, powers, and duties.

There is hereby created the Tryon Palace Commission of the Department of Natural and Cultural Resources with the power and duty to adopt, amend, and rescind rules and regulations concerning the restoration and maintenance of the Tryon Palace complex, and with other powers and duties as provided in Article 2 of Chapter 121 of the General Statutes, including the authority to charge reasonable admission and related activity fees. The Commission is exempt from the requirements of Chapter 150B of the General Statutes and G.S. 12-3.1 when adopting, amending, or repealing rules for operating hours and admission fees or related activity fees at Tryon Palace Historic Sites and Gardens.

History

(1973, c. 476, s. 54; 2013-297, s. 2(b); 2013-360, s. 19.2(b); 2014-100, s. 19.5(b); 2015-241, s. 14.30(s); 2017-57, s. 14.1(cc); 2020-78, s. 8.2(c).)

Editor's Note. - Session Laws 2012-142, s. 18.3, provides: "The Department of Cultural Resources shall develop comprehensive five-year plans for the Tryon Palace Historic Sites and Gardens and the North Carolina Transportation Museum. The Roanoke Island Commission shall develop a comprehensive five-year plan for the Elizabeth II State Historic Site and Visitor Center, the Elizabeth II, Ice Plant Island, and all other properties under the administration of the Department of Cultural Resources located on Roanoke Island. The plans shall describe in detail revenue and expenditure projections, proposed reductions in scope or expenditures, and each site's plans to further develop non-State sources of funding in accordance with the reductions in appropriations implemented in S.L. 2011-145, including the feasibility of privatization. The Department and the Roanoke Island Commission shall submit their reports to the Chairs of the House Appropriations Subcommittee on General Government and the Chairs of the Senate Appropriations Committee on General Government and Information Technology by February 1, 2013."

Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'"

Session Laws 2012-142, s. 27.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year."

Session Laws 2012-142, s. 27.7, is a severability clause.

Session Laws 2020-78, s. 22.1, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium."

Session Laws 2020-78, s. 22.3, is a severability clause.

Effect of Amendments. - Session Laws 2013-297, s. 2(b), effective July 18, 2013, deleted "such" preceding "other powers" and added "including the authority to charge reasonable admission and related activity fees."

Session Laws 2013-360, s. 19.2(b), effective July 1, 2013, added the last two sentences.

Session Laws 2014-100, s. 19.5(b), effective July 1, 2014, inserted "and G.S 12-3.1" and "operating hours and" in the next-to-last sentence.

Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" in the first sentence.

Session Laws 2017-57, s. 14.1(cc), effective July 1, 2017, substituted "Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division" for "Joint Legislative Commission on Governmental Operations."

Session Laws 2020-78, s. 8.2(b), effective July 1, 2020, deleted "of North Carolina" following "Statutes" in the first sentence, deleted the last sentence which formerly read: "The Commission shall submit a report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division on the amount and purpose of a fee change within 30 days following its effective date." and made a minor punctuation and stylistic change.

§ 143B-72. Tryon Palace Commission - members; selection; quorum; compensation.

The Tryon Palace Commission of the Department of Natural and Cultural Resources shall consist of the following members: 25 voting members appointed by the Governor, nonvoting members emeriti appointed by the Governor, and five voting ex officio members as provided in this section.

The Governor shall appoint 25 voting members. The terms of the initial members shall be staggered as follows: Nine of the members shall be appointed to serve four-year terms, eight of the members shall be appointed to serve three-year terms, and eight of the members shall be appointed to serve two-year terms. At the end of the respective terms of office of the initial appointed members of the Commission, the appointments of their successors, with the exception of ex officio members and members emeriti, shall be for terms of four years and until their successors are appointed and qualify. Any appointment to fill a vacancy on the Commission shall be for the balance of the unexpired term. The Governor shall designate the chair of the Tryon Palace Commission. The other officers of the Tryon Palace Commission shall be elected by the members of the Tryon Palace Commission.

The Governor may also appoint any person who has previously served on the Tryon Palace Commission with distinction to the Commission as a member emeritus. A person appointed as a member emeritus shall be deemed a lifetime member of the Commission and shall serve as a nonvoting member.

In addition to the members who are appointed by the Governor, the Attorney General, the Secretary of Natural and Cultural Resources or the Secretary's designee, the mayor of the City of New Bern, the Dean of the College of Arts and Sciences at East Carolina University, and the chairman of the Board of County Commissioners of Craven County shall serve as voting ex officio members of said Commission. The provisions of the Executive Organization Act of 1973 pertaining to the residence of members of commissions shall not apply to the Tryon Palace Commission.

A majority of the voting members of the Commission shall constitute a quorum for the transaction of business.

The members of the Commission shall serve without pay and without expense allowance.

History

(1973, c. 476, s. 55; 1977, c. 771, s. 4; 1979, c. 151, s. 1; 1993, c. 109, s. 1; 2015-241, s. 14.30(s), (t).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(s), (t), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" in the first paragraph and substituted "Secretary of Natural and Cultural Resources" for "Secretary of Cultural Resources" in the fourth paragraph.

PART 8. U.S.S. NORTH CAROLINA BATTLESHIP COMMISSION.

§ 143B-73. U.S.S. North Carolina Battleship Commission - creation, powers, and duties.

There is hereby created the U.S.S. North Carolina Battleship Commission of the Department of Natural and Cultural Resources with the power and duty to adopt, amend, and rescind rules and regulations under and not inconsistent with the laws of this State necessary in carrying out the provisions and purposes of this Part.

1. The U.S.S. North Carolina Battleship Commission is authorized and empowered to adopt such rules and regulations not inconsistent with the management responsibilities of the Secretary of the Department provided by Chapter 143A of the General Statutes and laws of this State and this Chapter that may be necessary and desirable for the operation and maintenance of the U.S.S. North Carolina as a permanent memorial and exhibit commemorating the heroic participation of the men and women of North Carolina in the prosecution and victory of the Second World War and for the faithful performance and fulfillment of its duties and obligations.
2. The U.S.S. North Carolina Battleship Commission shall have the power and duty to establish standards and adopt rules and regulations: (i) establishing and providing for a proper charge for admission to the ship; and (ii) for the maintenance and operation of the ship as a permanent memorial and exhibit.
3. The Commission shall adopt rules and regulations consistent with the provisions of this Chapter. The Commission is exempt from the requirements of Chapter 150B of the General Statutes and G.S. 12-3.1 when adopting, amending, or repealing rules for operating hours and admission fees or related activity fees at the U.S.S. North Carolina Battleship. The Commission shall submit a report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division on the amount and purpose of a fee change within 30 days following its effective date.

History

(1973, c. 476, s. 57; 1977, c. 741, s. 3; 2013-360, s. 19.2(c); 2014-100, s. 19.5(c); 2015-241, s. 14.30(s); 2017-57, s. 14.1(cc).)

Effect of Amendments. - Session Laws 2013-360, s. 19.2(c), effective July 1, 2013, added the last two sentences in subdivision (3).

Session Laws 2014-100, s. 19.5(c), effective July 1, 2014, inserted "and G.S 12-3.1" and "operating hours and" in the second sentence of subdivision (3).

Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" in the introductory paragraph.

Session Laws 2017-57, s. 14.1(cc), effective July 1, 2017, substituted "Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division" for "Joint Legislative Commission on Governmental Operations" in subsection (3).

§ 143B-73.1. U.S.S. North Carolina Battleship Commission - duties.

The Commission shall have the further duty and authority to select an appropriate site for the permanent berthing of the Battleship U.S.S. North Carolina, taking into consideration factors including, but not limited to, the accessibility, location in relation to roads and highways, scenic attraction, protection from hazards of weather, fire and sea, cost of site and berthing, cooperation of local governmental authorities in securing, equipping, and maintaining appropriate areas surrounding the site, and others which may affect the suitability of such site for establishment of the ship as a permanent memorial and exhibit; to accept gifts, grants, and donations for the purposes of this Article; to transport to, and berth the ship at the site; to ready the ship for visitation by the public; to establish and provide for a proper charge for admission to the ship, and for safekeeping of funds; to maintain and operate the ship as a permanent memorial and exhibit; to acquire property, both real and personal, with the approval of the Governor and the Council of State, and to accept donations of property, both real and personal, from any source; to establish, supervise, manage and maintain in New Hanover County with the approval and assistance of the Department of Natural and Cultural Resources exhibits, dramas, cultural activities, museums, and records pertaining to the marine and naval history of the State of North Carolina and the United States of America; to identify, preserve and protect properties having historical, marine and naval significance to New Hanover County, the State, its communities and counties and the nation; to establish and provide for a proper charge for admission to all properties maintained and operated by the Commission in New Hanover County; to otherwise provide in carrying out its duties for the establishment of appropriate activities to encourage interest in the marine and naval history of North Carolina; to perpetuate the memory of North Carolinians who gave their lives in the course of World War II and in the events in which the battleship was a participant, and to allocate funds for the fulfillment of the duties and authority herein provided as may be necessary and appropriate for the purpose of this Article.

History

(1961, c. 158; 1977, c. 741, ss. 1, 8; 2015-241, s. 14.30(s).)

Editor's Note. - This section was formerly G.S. 143-366. It was amended and recodified as G.S. 143B-73.1 by Session Laws 1977, c. 741.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources."

§ 143B-74. U.S.S. North Carolina Battleship Commission - members; selection; quorum; compensation.

The U.S.S. North Carolina Battleship Commission of the Department of Natural and Cultural Resources shall consist of 18 members including the Secretary of Natural and Cultural Resources and the Secretary of Commerce who shall serve as voting ex officio members. The members of the Commission appointed for terms to end in 1991 shall serve for an additional two-year period. At the end of the respective terms of office of the members of the Commission serving in 1991, their successors shall be appointed for terms of four years and until their successors are appointed and qualify. Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term. The provisions of the Executive Organization Act of 1973 pertaining to the residence of members of commissions shall not apply to the U.S.S. North Carolina Battleship Commission.

The Governor shall have the power to remove any member of the Commission from office for misfeasance, malfeasance, or nonfeasance in accordance with the provisions of G.S. 143B-13 of the Executive Organization Act of 1973.

The members of the Commission shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.

A majority of the Commission shall constitute a quorum for the transaction of business. The Governor shall designate from among the members of the Commission a chairman, vice-chairman and treasurer. The Secretary of Natural and Cultural Resources or his designee shall serve as Secretary of the Commission. The Commission shall meet at least twice annually upon the call of the chairman, the Secretary of Natural and Cultural Resources, or any seven members of the Commission.

History

(1973, c. 476, s. 58; 1977, c. 741, s. 4; 1991, c. 73, s. 1; 1991 (Reg. Sess., 1992), c. 959, s. 39; 2015-241, s. 14.30(s), (t).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(s), (t), effective July 1, 2015, substituted "Secretary of Natural and Cultural Resources" for "Secretary of Cultural Resources" throughout the section and substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" in the first paragraph.

§ 143B-74.1. U.S.S. North Carolina Battleship Commission - funds.

The Commission shall establish and maintain a "Battleship Fund" composed of the monies which may come into its hands from admission or inspection fees, gifts, donations, grants, or devises, which funds will be used by the Commission to pay all costs of maintaining and operating the ship for the purposes herein set forth. The Commission shall maintain books of accounting records concerning revenue derived and all expenses incurred in maintaining and operating the ship as a public memorial. The operations of the Commission shall be subject to the oversight of the State Auditor pursuant to Article 5A of Chapter 147 of the General Statutes. The Commission shall reimburse the State Auditor the cost of any audit. The Commission shall establish a reserve fund in an amount to be determined by the Secretary of Natural and Cultural Resources to be maintained and used for contingencies and emergencies beyond those occurring in the course of routine maintenance and operation, and may authorize the deposit of this reserve fund in a depository to be selected by the Treasurer of North Carolina.

History

(1961, c. 158; 1977, c. 741, ss. 2, 8; 1983, c. 913, s. 40; 2010-31, s. 21.1; 2011-284, s. 97; 2015-241, s. 14.30(t).)

Editor's Note. - This section was formerly G.S. 143-367. It was amended and recodified as G.S. 143B-74.1 by Session Laws 1977, c. 741.

Effect of Amendments. - Session Laws 2010-31, s. 21.1, effective July 1, 2010, added the next-to-last sentence.

Session Laws 2011-284, s. 97, effective June 24, 2011, in the first sentence, substituted "devises" for "bequests" and made a minor stylistic change.

Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted "Secretary of Natural and Cultural Resources" for "Secretary of Cultural Resources" in the last sentence.

§ 143B-74.2. U.S.S. North Carolina Battleship Commission - employees.

The Department of Natural and Cultural Resources is authorized to hire laborers, artisans, caretakers, stenographic and administrative employees, and other personnel, in accordance with the provisions of the North Carolina Human Resources Act, as may be necessary in carrying out the purposes and provisions of this Article, and to maintain the ship in a clean, neat, and attractive condition satisfactory for exhibition to the public. The Commission shall appoint and fix the salary of an Executive Director and Assistant Director to serve at its pleasure. Employees shall be residents of the State of North Carolina except as may, in emergency conditions, be necessary for the procurement of specially trained or specially skilled employees. Any materials used for any purpose in maintaining and operating the ship for the purposes of this Article shall be, insofar as practicable, North Carolina materials.

History

(1961, c. 158; 1975, c. 879, s. 46; 1977, c. 741, ss. 6, 8; 2006-204, s. 1; 2013-382, s. 9.1(c); 2015-241, s. 14.30(s).)

Editor's Note. - This section was formerly G.S. 143-368. It was amended and recodified as G.S. 143B-74.2 by Session Laws 1977, c. 741.

Session Laws 2013-382, s. 9.1(b), provides: "The following entities and positions created by Chapter 126 of the General Statutes are hereby renamed by this act:

"(1) The State Personnel Commission is renamed the 'North Carolina Human Resources Commission.'

"(2) The Office of State Personnel is renamed the 'North Carolina Office of State Human Resources.'

"(3) The State Personnel Director is renamed the 'Director of the North Carolina Office of State Human Resources.'"

Session Laws 2013-382, s. 9.1(c), provides: "Modification of References. - The Revisor of Statutes shall delete any references in the General Statutes to the State Personnel Act, State Personnel Commission, the State Personnel Director, and the Office of State Personnel (or any derivatives thereof) and substitute references to the North Carolina Human Resources Act, the State Human Resources Commission, the Director of the Office of State Human Resources, and the Office of Human Resources (or the appropriate derivative thereof) to effectuate the renaming set forth in this section wherever conforming changes are necessary."

Effect of Amendments. - Session Laws 2006-204, s. 1, effective August 8, 2006, deleted "hereby" preceding "authorized to hire" in the first sentence, and added the second sentence.

Session Laws 2013-382, s. 9.1(c), effective August 21, 2013, substituted "North Carolina Human Resources Act" for "State Personnel Act" in the first sentence.

Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" in the first sentence.

§ 143B-74.3. U.S.S. North Carolina Battleship Commission - employees not to have interest.

It shall be unlawful for any member of the Commission to charge, receive, or obtain, directly or indirectly, any fee, commission, retainer or brokerage other than established salaries to be fixed by the Commission, and no member of the Commission shall have any interest in any land, materials, commissions or contracts sold to or made with the Commission, or with any member thereof. Violation of any provisions of this section shall be a Class 2 misdemeanor.

History

(1961, c. 158; 1977, c. 741, ss. 7, 8; 1993, c. 539, s. 1037; 1994, Ex. Sess., c. 24, s. 14(c).)

Editor's Note. - This section was formerly G.S. 143-369. It was amended and recodified as G.S. 143B-74.3 by Session Laws 1977, c. 741.

PART 9. SIR WALTER RALEIGH COMMISSION.

§§ 143B-75 through 143B-78: Repealed by Session Laws 1979, c. 504, s. 1.

PART 10. EXECUTIVE MANSION FINE ARTS COMMITTEE.

§ 143B-79. Executive Mansion Fine Arts Committee - creation, powers and duties.

There is hereby created the Executive Mansion Fine Arts Committee. The Executive Mansion Fine Arts Committee shall have the following functions and duties:

1. To advise the Secretary of Natural and Cultural Resources on the preservation and maintenance of the Executive Mansion located at 200 North Blount Street, Raleigh, North Carolina;
2. To encourage gifts and objects of art, furniture and articles of historical value for furnishing the Executive Mansion, and advise the Secretary of Natural and Cultural Resources on major changes in the furnishings of the Mansion;
3. To make recommendations to the Secretary of Natural and Cultural Resources concerning major renovations necessary to preserve and maintain the structure;
4. To aid the Secretary of Natural and Cultural Resources in keeping a complete list of all gifts and articles received together with their history and value;
5. No gifts or articles shall be accepted for the Executive Mansion without the approval of the Committee; and
6. The Committee shall advise the Secretary of Natural and Cultural Resources upon any matter the Secretary may refer to it.
7. The Committee may dispose of property held in the Executive Mansion after consultation with a review committee comprised of one person from the Executive Mansion Fine Arts Committee, appointed by its chairman; one person from the Department of Administration appointed by the Secretary of Administration; and two qualified professionals from the Department of Natural and Cultural Resources, Division of Archives and History, appointed by the Secretary of Natural and Cultural Resources. Upon request of the Executive Mansion Fine Arts Committee, the review committee shall view proposed items for disposition and shall make a recommendation to the North Carolina Historical Commission who shall make a final decision. The Historical Commission shall consider whether the disposition is in the best interest of the State of North Carolina. If any property is sold, the net proceeds of each sale and any interest earned thereon shall be deposited in the State Treasury to the credit of the Executive Mansion, Special Fund, and shall be used only for the purchase, conservation, restoration, or repair of other property for use in the Executive Mansion.

History

(1973, c. 476, s. 65; 1983, c. 632, s. 1; 1987, c. 251; 2013-360, s. 19.8(a); 2015-241, s. 14.30(s), (t); 2017-57, s. 14.3(e).)

Editor's Note. - Session Laws 2013-360, s. 19.8(b), provides: "Notwithstanding G.S. 143B-79(7) or any other law pertaining to surplus State property, the Executive Mansion Fine Arts Committee shall obtain an appraisal of all items held in the Executive Mansion proposed for disposition. If House Bill 153 of the 2013 General Assembly becomes law, the Committee shall, prior to the sale of any item, report to the Joint Legislative Oversight Committee on General Government on the items inventoried and their value. If House Bill 153 of the 2013 General Assembly does not become law, the Committee shall, prior to the sale of any item, report to the Chairs of the House Appropriations Subcommittee on General Government, the Senate Appropriations Committee on General Government and Information Technology, and to the Fiscal Research Division."

Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'"

Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium."

Session Laws 2013-360, s. 38.5, is a severability clause.

Effect of Amendments. - Session Laws 2013-360, s. 19.8(a), effective July 1, 2013, rewrote the last sentence of subdivision (7).

Session Laws 2015-241, s. 14.30(s), (t), effective July 1, 2015, substituted "Secretary of Natural and Cultural Resources" for "Secretary of Cultural Resources" throughout the section and substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" in subdivision (7).

Session Laws 2017-57, s. 14.3(e), effective July 1, 2017, in subsection (7), in the second sentence, substituted "shall" for "will" the first and last time it appears and inserted "shall" the second time it appears, substituted "shall" for "must" in the third sentence, inserted "and any interest earned thereon" in the last sentence, and made a minor punctuation change.

§ 143B-80. Executive Mansion Fine Arts Committee - members; selection; quorum; compensation.

The Executive Mansion Fine Arts Committee shall consist of 16 members appointed by the Governor. The initial members of the Committee shall be the appointed members of the present Executive Mansion Fine Arts Commission who shall serve for a period equal to the remainder of their current terms on the Executive Mansion Fine Arts Commission, four of whose appointments expire June 30, 1973, four of whose appointments expire June 30, 1974, four of whose appointments expire June 30, 1975, and four of whose appointments expire June 30, 1976. At the end of the respective terms of office of the initial members, the appointments of their successors shall be for terms of four years and until their successors are appointed and qualify. Any appointment to fill a vacancy on the Committee created by the resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term.

The Governor shall have the power to remove any member of the Committee from office in accordance with the provisions of G.S. 143B-16 of the Executive Organization Act of 1973.

The Governor shall designate a member of the Committee to serve as chairman at his pleasure.

Members of the Committee shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.

A majority of the Committee shall constitute a quorum for the transaction of business.

All clerical and other services required by the Committee shall be supplied by the Secretary of Natural and Cultural Resources.

History

(1973, c. 476, s. 66; 2015-241, s. 14.30(t).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted "Secretary of Natural and Cultural Resources" for "Secretary of Cultural Resources" in the last paragraph.

§ 143B-80.1. Regular and special meetings.

The Executive Mansion Fine Arts Committee shall meet at least twice per year and may hold special meetings at any time and place within the State at the call of the chairman or upon the written request of at least five members.

Whenever a member shall fail, except for ill health or other valid reason, to be present for two successive regular meetings of the Board, his place as a member shall be deemed vacant.

History

(1983, c. 632, s. 2.)

§§ 143B-80.2 through 143B-80.4: Reserved for future codification purposes.

PART 10A. STATE CAPITOL PRESERVATION ACT.

§§ 143B-80.5 through 143B-80.14: Repealed by Session Laws 1995, c. 507, s. 12(a).

PART 11. AMERICAN REVOLUTION BICENTENNIAL COMMITTEE.

§§ 143B-81, 143B-82: Repealed by Session Laws 1979, c. 504, s. 2.

PART 12. NORTH CAROLINA AWARDS COMMITTEE.

§ 143B-83. North Carolina Awards Committee - creation, powers and duties.

There is hereby created the North Carolina Awards Committee with the duty to advise the Secretary of Natural and Cultural Resources on the formulation and administration of the program governing North Carolina awards and on the selection of a committee in each award area to choose the recipients.

The Committee shall advise the Secretary of the Department upon any matter the Secretary may refer to it.

History

(1973, c. 476, s. 71; 1979, c. 504, s. 2; 1983 (Reg. Sess., 1984), c. 995, s. 22; 2015-241, s. 14.30(t).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted "Secretary of Natural and Cultural Resources" for "Secretary of Cultural Resources" in the first paragraph.

§ 143B-84. North Carolina Awards Committee - members; selection; quorum; compensation.

The North Carolina Awards Committee shall consist of five members appointed by the Governor to serve at the Governor's pleasure.

The Governor shall designate a member of the Committee as chairman to serve in such capacity at the pleasure of the Governor.

Members of the Committee shall serve without compensation or travel or per diem.

A majority of the Committee shall constitute a quorum for the transaction of business.

The Secretary of Natural and Cultural Resources is hereby authorized to request contingency and emergency funds for the administration of the North Carolina Awards Committee, for the period between July 1, 1973, and ratification of the next general appropriations bill for the Department.

All clerical and other services required by the Committee shall be supplied by the Secretary of Natural and Cultural Resources.

History

(1973, c. 476, s. 72; 2015-241, s. 14.30(t).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted "Secretary of Natural and Cultural Resources" for "Secretary of Cultural Resources" in the last two paragraphs.

PART 13. AMERICA'S FOUR HUNDREDTH ANNIVERSARY COMMITTEE.

§§ 143B-85, 143B-86: Repealed by Session Laws 2015-184, s. 4, effective August 5, 2015.

History

(G.S. 143B-85: 1973, c. 476, s. 74; 2015-241, s. 14.30(s), repealed by 2015-184, s. 4, effective August 5, 2015. G.S. 143B-86: 1973, c. 476, s. 75; 1977, c. 771, s. 4; 1989, c. 727, s. 218(123); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(s), (v); repealed by 2015-184, s. 4, effective August 5, 2015.)

Editor's Note. - Former G.S. 143B-85 pertained to the creation, powers and duties of America's Four Hundredth Anniversary Committee. Former G.S. 143B-86 pertained to members and compensation of America's Four Hundredth Anniversary Committee.

Session Laws 2015-241, s. 14.30(s) amended former G.S. 143B-85, effective July 1, 2015, by substituting "Department of Natural and Cultural Resources" for "Department of Cultural Resources." Session Laws 2015-184, s. 4, subsequently repealed G.S. 143B-85, effective August 5, 2015. Session Laws 2015-241, s. 14.30(v) amended former G.S. 143B-86, effective July 1, 2015, by substituting "Secretary of Environmental Quality" for "Secretary of Environment and Natural Resources." Session Laws 2015-184, s. 4, subsequently repealed G.S. 143B-86, effective August 5, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.' "

Session Laws 2015-241, s. 33.6, is a severability clause.

PART 14. NORTH CAROLINA ARTS COUNCIL.

§ 143B-87. North Carolina Arts Council - creation, powers and duties.

There is hereby created the North Carolina Arts Council with the following duties and functions:

1. To advise the Secretary of Natural and Cultural Resources on the study, collection, maintenance and dissemination of factual data and pertinent information relative to the arts;
2. To advise the Secretary concerning assistance to local organizations and the community at large in the area of the arts;
3. To advise the Secretary on the exchange of information, promotion of programs and stimulation of joint endeavor between public and nonpublic organizations;
4. To identify research needs in the arts area and to encourage such research;
5. To advise the Secretary in regard to bringing the highest obtainable quality in the arts to the State and promoting the maximum opportunity for the people to experience and enjoy those arts;
6. To advise the Secretary of the Department upon any matter the Secretary may refer to it; and
7. To advise the Secretary concerning the promotion of theater arts in the State.

History

(1973, c. 476, s. 77; 1985 (Reg. Sess., 1986), c. 1028, s. 14; 2015-241, s. 14.30(t).)

Editor's Note. - Session Laws 1985 (Reg. Sess., 1986), c. 1028, s. 13, provides: "The Theater Arts Advisory Board, created in 7 North Carolina Administrative Code 3D .0008, is abolished. The North Carolina Arts Council is authorized to perform the functions of the Board."

Effect of Amendments. - Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted "Secretary of Natural and Cultural Resources" for "Secretary of Cultural Resources" in subdivision (1).

§ 143B-87.1: Reserved for future codification purposes.

§ 143B-87.2. A+ Schools Special Fund.

1. Fund. - The A+ Schools Special Fund is created as a special interest-bearing revenue fund in the Department of Natural and Cultural Resources, North Carolina Arts Council. The Fund shall consist of all receipts derived from donations, gifts, devises, and earned revenue. The revenue in the Fund may be used only for contracted services, conference and meeting expenses, travel, staff salaries, and other administrative costs related to the A+ Schools program. The staff of the North Carolina Arts Council and the Department shall determine how the funds shall be used for the purposes of the A+ Schools program.
2. Application. - This section applies to the A+ Schools program, which was transferred to the North Carolina Arts Council by Section 9.8 of S.L. 2010-31.
3. Reports. - The Department shall submit a report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the House of Representatives Appropriations Committee on Agriculture and Natural and Economic Resources, the Senate Appropriations Committee on Natural and Economic Resources, and the Fiscal Research Division by September 30 of each year that includes 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

(2013-297, s. 3; 2015-241, s. 14.30(s), (iii); 2017-57, ss. 14.1(dd), 14.3(f).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(s), (iii), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" in subsection (a); and in subsection (c), substituted "Appropriations Committee on Agriculture and Natural and Economic Resources" for "Appropriations Subcommittee on General Government" and substituted "Committee on Natural and Economic Resources" for "Committee on General Government and Information Technology."

Session Laws 2017-57, ss. 14.1(dd) and 14.3(f), effective July 1, 2017, substituted "Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources" for "Joint Legislative Commission on Governmental Operations" in subsection (c); and, in subsection (a), substituted "donations, gifts, devises" for "private donations, grant fund" in the first sentence, and substituted "shall be used" for "will be used" in the last sentence.

§ 143B-88. North Carolina Arts Council - members; selection; quorum; compensation.

The North Carolina Arts Council shall consist of 24 members appointed by the Governor. The initial members of the Council shall be the appointed members of the present Arts Council who shall serve for a period equal to the remainder of their current terms on the Arts Council, eight of whose terms expire June 30, 1973, eight of whose terms expire June 30, 1974, and eight of whose terms expire June 30, 1975. At the end of the respective terms of office of the initial members, the appointments of their successors shall be for terms of three years and until their successors are appointed and qualify. Any appointment to fill a vacancy on the Council created by the resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term.

The Governor shall have the power to remove any member of the Council from office in accordance with the provisions of G.S. 143B-16 of the Executive Organization Act of 1973.

The Governor shall designate a member of the Council as chairman to serve at his pleasure.

Members of the Council shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.

A majority of the Council shall constitute a quorum for the transaction of business.

All clerical and other services required by the Council shall be supplied by the Secretary of Natural and Cultural Resources.

History

(1973, c. 476, s. 78; 2015-241, s. 14.30(t).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted "Secretary of Natural and Cultural Resources" for "Secretary of Cultural Resources" in the last paragraph.

PART 15. NORTH CAROLINA STATE ART SOCIETY, INCORPORATED.

§ 143B-89: Repealed by Session Laws 2012-120, s. 1(c), effective October 1, 2012.

History

(1973, c. 476, s. 80; 1975, c. 386; 1977, c. 702, s. 3; 1985, c. 316; 2006-66, s. 22.22(f); 2006-221, s. 23; repealed by 2012-120, s. 1(c), effective October 1, 2012.)

Editor's Note. - Former G.S. 143B-89 pertained to North Carolina State Art Society, Inc.

PART 16. STATE LIBRARY COMMISSION.

§ 143B-90. State Library Commission - creation, powers and duties.

There is hereby created the State Library Commission of the Department of Natural and Cultural Resources. The State Library Commission has the following functions and duties:

1. To advise the Secretary of Natural and Cultural Resources on matters relating to the operation and services of the State Library;
2. Repealed by Session Laws 1991, c. 757, s. 2.
3. To work for the financial support of statewide and local public library services;
4. To advise the Secretary upon any matter the Secretary might refer to it;
5. Repealed by Session Laws 1991, c. 757, s. 2.
6. To work for the financial support of statewide interlibrary services;
7. Repealed by Session Laws 1991, c. 757, s. 2.
8. To aid and advise the Secretary of Natural and Cultural Resources in the development of information services for the promotion of cultural, educational, and economic well-being of the State.
9. through (8) Repealed by Session Laws 1991, c. 757, s. 2.
10. To aid and advise the Secretary of Natural and Cultural Resources on the recruitment and appointment of the State Librarian.

History

(1973, c. 476, s. 82; 1981, c. 918, s. 2; 1991, c. 757, s. 2; 2015-241, s. 14.30(s), (t).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(s), (t), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" in the introductory paragraph and substituted "Secretary of Natural and Cultural Resources" for "Secretary of Cultural Resources" in subdivisions (1), (5a) and (8a).

§ 143B-91. State Library Commission - members; selection; quorum; compensation.

1. The State Library Commission shall consist of 15 members. All members shall have an interest in the development of library and information services in North Carolina. Eight members shall be appointed by the Governor. One member shall be appointed by the President Pro Tempore of the Senate. One member shall be appointed by the Speaker of the North Carolina House of Representatives. Three members shall be appointed by the North Carolina Public Library Directors Association. Two members shall be the President and the President-elect of the North Carolina Library Association or two appointees as determined by the North Carolina Library Association's Board of Directors. The State Librarian shall be an ex officio member and act as secretary to the Commission.
2. There may be committees established to advise the Secretary of Natural and Cultural Resources, the Commission, and the State Librarian. Each committee shall be composed of a committee chairperson and at least four persons appointed by the chair with the approval of the Commission. At least one of the members of each committee shall be a member of the Commission. Each committee shall report to the Commission at least once a year.

All appointments shall be for four-year terms with eight of the commissioners taking office on the first four-year cycle and seven commissioners taking office on the second four-year cycle. Any appointment to fill a vacancy in one of the positions appointed by the Governor, President Pro Tempore or Speaker of the House of Representatives shall be for the remainder of the unexpired term. Appointees shall not serve more than two successive four-year terms.

The Governor shall choose a chairperson from among the gubernatorial appointees. The chairperson shall serve not more than two successive two-year terms as chair.

Members of the Commission shall receive per diem and necessary travel and subsistence expenses as provided in G.S. 138-5.

A majority of the Commission shall constitute a quorum for the transaction of business.

All clerical and other services required by the Commission shall be supplied by the Secretary of Natural and Cultural Resources.

The Commission shall meet at least twice a year.

History

(1973, c. 476, s. 83; 1981, c. 918, s. 3; 1991, c. 757, s. 3; 1995, c. 490, s. 53; 2015-241, s. 14.30(t); 2020-74, s. 19(b).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted "Secretary of Natural and Cultural Resources" for "Secretary of Cultural Resources" in the next to last paragraph of subsection (a) and twice in subsection (b).

Session Laws 2020-74, s. 19(b), effective July 1, 2020, rewrote subsection (b).

PART 17. ROANOKE ISLAND HISTORICAL ASSOCIATION.

§ 143B-92. Roanoke Island Historical Association - creation, powers and duties.

There is hereby recreated the Roanoke Island Historical Association with the powers and duties delineated in Article 19 of Chapter 143 of the General Statutes of North Carolina.

History

(1973, c. 476, s. 85.)

§ 143B-93. Roanoke Island Historical Association - status.

The Roanoke Island Historical Association is hereby declared not to be a State agency within the meaning of the Executive Organization Act of 1973 and shall be exempt from all provisions of the Executive Organization Act of 1973 except G.S. 143B-92 and G.S. 143B-93.

History

(1973, c. 476, s. 86.)

PART 18. NORTH CAROLINA SYMPHONY SOCIETY.

§ 143B-94. North Carolina Symphony Society, Inc.

The North Carolina Symphony Society, Incorporated, shall continue to be under the patronage of the State as provided in Article 2 of Chapter 140 of the General Statutes of North Carolina. The governing body of the North Carolina Symphony Society, Incorporated, shall be a board of trustees consisting of not less than 16 members of which the Governor of the State and the Superintendent of Public Instruction shall be ex officio members and four other members shall be named by the Governor. The remaining trustees shall be chosen by members of the North Carolina Symphony Society, Incorporated, in such manner and for such terms as that body shall determine. The initial members named by the Governor shall be appointed from the members of the existing board of trustees of the North Carolina State Symphony Society, Incorporated, for the balance of their existing terms. Subsequent appointments shall be made for terms of four years each.

History

(1973, c. 476, s. 88.)

PART 19. EDENTON HISTORICAL COMMISSION.

§ 143B-95. Edenton Historical Commission - creation, purposes and powers.

There is hereby recreated the Edenton Historical Commission. The purposes of the Commission are to effect and encourage preservation, restoration, and appropriate presentation of the Town of Edenton and Chowan County, as a historic, educational, and aesthetic place, to the benefit of the citizens of the place and the State and of visitors. To accomplish its purposes, the Commission has the following powers and responsibilities:

1. To acquire, hold, and dispose of title to or interests in historic properties in the Town of Edenton and County of Chowan and to repair, restore, and otherwise improve the properties, and to maintain them;
2. To acquire, hold, and dispose of title to or interests in other land there, upon which historic structures have been or shall be relocated, and to improve the land and maintain it;
3. To acquire, hold, and dispose of suitable furnishings for the historic properties, and to provide and maintain suitable gardens for them;
4. To develop and maintain one or more collections of historic objects and things pertinent to the history of the town and county, to acquire, hold, and dispose of the items, and to preserve and display them;
5. To develop and conduct appropriate programs, under the name "Historic Edenton" or otherwise, for the convenient presentation and interpretation of the properties and collections to citizens and visitors, as places and things of historic, educational, and aesthetic value;
6. To conduct programs for the fostering of research, for the encouragement of preservation, and for the increase of knowledge available to the local citizens and the visitors in matters pertaining to the history of the town and county;
7. To cooperate with the Secretary and Department of Natural and Cultural Resources and with appropriate associations, governments, governmental agencies, persons, and other entities, and to assist and advise them, toward the furtherance of the Commission's purposes;
8. To solicit gifts and grants toward the furtherance of these purposes and the exercise of these powers;
9. To conduct other programs and do other things appropriate and reasonably necessary to the accomplishment of the purposes and the exercise of the powers; and
10. To adopt and enforce any bylaws and rules that the Commission deems beneficial and proper.

History

(1973, c. 476, s. 90; 1979, c. 733, s. 1; 2015-241, s. 14.30(s).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" in subdivision (7).

§ 143B-96. Edenton Historical Commission - status.

The Edenton Historical Commission is hereby declared not to be a State agency within the meaning of the Executive Organization Act of 1973 and shall be exempt from all provisions of the Executive Organization Act of 1973 except G.S. 143B-95 through G.S. 143B-98.

History

(1973, c. 476, s. 91.)

§ 143B-97. Edenton Historical Commission - reports.

The Edenton Historical Commission shall submit an annual report of its activities, holdings, and finances, including an audit of its accounts by a certified public accountant, to the Secretary of Natural and Cultural Resources. In the event such annual report is not received by the Secretary, or if such report does not indicate the need for the continuation of the Commission, the Secretary of Natural and Cultural Resources is authorized to recommend to the next General Assembly the abolition of the Commission.

History

(1973, c. 476, s. 92; 2015-241, s. 14.30(t).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted "Secretary of Natural and Cultural Resources" for "Secretary of Cultural Resources" twice.

§ 143B-98. Edenton Historical Commission - members; selection; compensation; quorum.

The Edenton Historical Commission shall consist of 33 members, 22 appointed by the Governor to serve at his pleasure, four appointed by the President Pro Tempore of the Senate, four appointed by the Speaker of the House of Representatives, and, ex officio, the Mayor of the Town of Edenton, the Chairman of the Board of Commissioners of Chowan County, and the Secretary of Natural and Cultural Resources or his designee.

All the present members of the Commission may continue to serve, at the pleasure of the Governor, until the end of his present term of office. The Commission shall elect its own officers, and the members of the Commission shall serve without pay and without expense allowance from State funds. The Commission shall determine its requirements for a quorum.

History

(1973, c. 476, s. 93; 1979, c. 733, s. 2; 2005-421, s. 3.1(a); 2015-241, s. 14.30(t).)

Effect of Amendments. - Session Laws 2005-421, s. 3.1(a), effective September 22, 2005, rewrote the first paragraph.

Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted "Secretary of Natural and Cultural Resources" for "Secretary of Cultural Resources" in the first paragraph.

PART 20. HISTORIC BATH COMMISSION.

§ 143B-99. Historic Bath Commission - creation, powers and duties.

There is hereby created the Historic Bath Commission. The Historic Bath Commission shall have the following powers:

1. To acquire and dispose of title to or interests in historic properties in and near the Town of Bath in Beaufort County, and to repair, restore, or otherwise improve such properties, and to maintain them;
2. To offer such historic properties to the State of North Carolina, subject to the acceptance of such properties by the State;
3. To cooperate with, assist, and advise the Secretary of Natural and Cultural Resources upon any matter pertaining to the administration of Bath State Historic Site, which the Secretary of the Department may refer to it; and
4. To carry out other programs reasonably related to these purposes.

History

(1973, c. 476, s. 95; 2015-241, s. 14.30(t).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted "Secretary of Natural and Cultural Resources" for "Secretary of Cultural Resources" in subdivision (3).

§ 143B-100. Historic Bath Commission - status.

The Historic Bath Commission is hereby declared not to be a State agency within the meaning of the Executive Organization Act of 1973 and shall be exempt from all provisions of the Executive Organization Act of 1973 except G.S. 143B-99 through G.S. 143B-102.

History

(1973, c. 476, s. 96.)

§ 143B-101. Historic Bath Commission - reports.

The Historic Bath Commission shall submit an annual report of its activities, holdings, and finances, including an audit of its accounts by a certified public accountant, to the Secretary of Natural and Cultural Resources. In the event such annual report is not received by the Secretary, or if such report does not indicate the need for the continuation of the Commission, the Secretary of Natural and Cultural Resources is authorized to recommend the abolition of the Commission to the next General Assembly.

History

(1973, c. 476, s. 97; 2015-241, s. 14.30(t).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted "Secretary of Natural and Cultural Resources" for "Secretary of Cultural Resources" twice.

§ 143B-102. Historic Bath Commission - members; selection; quorum; compensation.

The Historic Bath Commission shall consist of 25 members appointed by the Governor plus, ex officio, the mayor of the Town of Bath, the Chairman of the Board of Commissioners of Beaufort County, and the Secretary of Natural and Cultural Resources or designee. The initial members of the Commission shall be the members of the present Historic Bath Commission who shall serve for a period equal to the remainder of their current terms on the Historic Bath Commission. At the end of the respective terms of office of the initial members of the Commission, the appointments of their successors, with the exception of the ex officio members, shall be for terms of five years and until their successors are appointed and qualify. Any appointments to fill a vacancy on the Commission created by the resignation, dismissal, death or disability of a member shall be for the balance of the unexpired term. The Commission shall elect its own officers. Members of the Commission shall serve without pay and without expense allowance from State funds. The Commission shall determine its requirements for a quorum.

History

(1973, c. 476, s. 98; 2015-241, s. 14.30(t).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted "Secretary of Natural and Cultural Resources" for "Secretary of Cultural Resources" in the first sentence.

PART 21. HISTORIC HILLSBOROUGH COMMISSION.

§ 143B-103. Historic Hillsborough Commission - creation, powers and duties.

There is hereby recreated the Historic Hillsborough Commission. The Historic Hillsborough Commission shall have the following powers:

1. In cooperation with the Hillsborough Historical Society, the elected officials of Hillsborough and Orange County, and appropriate public agencies, to use every legal aid and method to preserve and restore the Town of Hillsborough, and its immediately adjacent area, as a living, functioning, educational, and historical exhibit of North Carolina's early life and times;
2. To acquire and to dispose of property, real and personal; to repair, restore, or otherwise improve such properties; to have prepared a history of the town and area; and to write, compile, publish, or sponsor such historical works as may pertain to the town and area; and
3. To carry on other programs reasonably related to these purposes.

History

(1973, c. 476, s. 100.)

§ 143B-104. Historic Hillsborough Commission - status.

The Historic Hillsborough Commission is hereby declared not to be a State agency within the meaning of the Executive Organization Act of 1973 and shall be exempt from all provisions of the Executive Organization Act of 1973 except G.S. 143B-103 through G.S. 143B-106.

History

(1973, c. 476, s. 101.)

§ 143B-105. Historic Hillsborough Commission - reports.

The Historic Hillsborough Commission shall submit an annual report of its activities, holdings, and finances, including an audit of its accounts by a certified public accountant, to the Secretary of Natural and Cultural Resources. In the event such annual report is not received by the Secretary, or if such report does not indicate the need for the continuation of the Commission, the Secretary of Natural and Cultural Resources is authorized to recommend to the next General Assembly the abolition of the Commission.

History

(1973, c. 476, s. 102; 2015-241, s. 14.30(t).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted "Secretary of Natural and Cultural Resources" for "Secretary of Cultural Resources" twice.

§ 143B-106. Historic Hillsborough Commission - members; selection; quorum; compensation.

The Historic Hillsborough Commission shall consist of not fewer than 25 members appointed by the Governor plus, ex officio, the mayor of the Town of Hillsborough, the Chairman of the Board of Commissioners of Orange County, the Orange County Register of Deeds, the Orange County Clerk of Superior Court, and the Secretary of Natural and Cultural Resources or designee. The initial appointed members of the Commission shall be the members of the present Historic Hillsborough Commission who shall serve for a period equal to the remainder of their current terms on the Historic Hillsborough Commission. At the end of the respective terms of office of the present members, the appointments of members, excepting the ex officio members, shall be for terms of six years and until their successors are appointed and qualify. Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death or disability of a member shall be for the balance of the unexpired term. The Commission shall elect its own officers. Members of the Commission shall serve without pay and without expense allowance from State funds. The Commission shall determine its requirements for a quorum.

History

(1973, c. 476, s. 103; 2015-241, s. 14.30(t).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted "Secretary of Natural and Cultural Resources" for "Secretary of Cultural Resources" in the first sentence.

PART 22. HISTORIC MURFREESBORO COMMISSION.

§ 143B-107. Historic Murfreesboro Commission - creation, powers and duties.

There is hereby recreated the Historic Murfreesboro Commission. The Historic Murfreesboro Commission shall have the following powers:

1. To acquire and dispose of title to or interests in historic properties in and near the Town of Murfreesboro, and to repair, restore, or otherwise improve and maintain such properties;
2. To conduct research and planning to carry out a program for the preservation of historic sites, buildings, or objects in and near the Town of Murfreesboro;
3. To carry out other programs reasonably related to these purposes.

History

(1973, c. 476, s. 105.)

§ 143B-108. Historic Murfreesboro Commission - status.

The Historic Murfreesboro Commission is hereby declared not to be a State agency within the meaning of the Executive Organization Act of 1973 and shall be exempt from all provisions of the Executive Organization Act of 1973 except G.S. 143B-107 through G.S. 143B-110.

History

(1973, c. 476, s. 106.)

§ 143B-109. Historic Murfreesboro Commission - reports.

The Historic Murfreesboro Commission shall submit an annual report of its activities, holdings, and finances, including an audit of its accounts by a certified public accountant, to the Secretary of Natural and Cultural Resources. In the event such annual report is not received by the Secretary, or if such report does not indicate the need for the continuation of the Commission, the Secretary of Natural and Cultural Resources is authorized to recommend to the next General Assembly the abolition of the Commission.

History

(1973, c. 476, s. 107; 2015-241, s. 14.30(t).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted "Secretary of Natural and Cultural Resources" for "Secretary of Cultural Resources" twice.

§ 143B-110. Historic Murfreesboro Commission - members; selection; quorum; compensation.

The Historic Murfreesboro Commission shall consist of 30 members appointed by the Governor plus, ex officio, the mayor of the Town of Murfreesboro, the Chairman of the Board of Commissioners of the County of Hertford, the President of Chowan College, and the Secretary of Natural and Cultural Resources or designee. The initial appointed members of the Commission shall be the members of the present Historic Murfreesboro Commission who shall serve for a period equal to the remainder of their current terms on the Historic Murfreesboro Commission. At the end of the respective terms of office of the initial members of the Commission, the appointments of their successors, with the exception of ex officio members, shall be for terms of five years and until their successors are appointed and qualify. Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death or disability of a member shall be for the balance of the unexpired term. The Commission shall elect its own officers. Members of the Commission shall serve without pay and without expense allowance from State funds. The Commission shall determine its requirements for a quorum.

History

(1973, c. 476, s. 108; 2015-241, s. 14.30(t).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted "Secretary of Natural and Cultural Resources" for "Secretary of Cultural Resources" in the first sentence.

PART 23. JOHN MOTLEY MOREHEAD MEMORIAL COMMISSION.

§§ 143B-111 through 143B-115: Repealed by Session Laws 2015-184, s. 5, effective August 5, 2015.

History

(G.S. 143B-111: 1973, c. 476, s. 110; 2015-241, s. 14.30(s); repealed by 2015-184, s. 5, effective August 5, 2015. G.S. 143B-112: 1973, c. 476, s. 111; repealed by 2015-184, s. 5, effective August 5, 2015. G.S. 143B-113: 1973, c. 476, s. 112; repealed by 2015-184, s. 5, effective August 5, 2015. G.S. 143B-114: 1973, c. 476, s. 113; 2015-241, s. 14.30(t); repealed by 2015-184, s. 5, effective August 5, 2015. G.S. 143B-115: 1973, c. 476, s. 114; 1977, c. 711, s. 4; 1989, c. 727, s. 218(124); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(t), (v); repealed by 2015-184, s. 5, effective August 5, 2015.)

Editor's Note. - Session Laws 2015-241, s. 14.30(s) amended G.S. 143B-111, effective July 1, 2015, by substituting "Department of Natural and Cultural Resources" for "Department of Cultural Resources." Session Laws 2015-184, s. 5, subsequently repealed G.S. 143B-111, effective August 5, 2015. Session Laws 2015-241, s. 14.30(t) amended G.S. 143B-114, effective July 1, 2015, by substituting "Secretary or Natural and Cultural Resources" for "Secretary of Natural Resources." Session Laws 2015-184, s. 5, subsequently repealed G.S. 143B-114, effective August 5, 2015. Session Laws 2015-241, s. 14.30(t), (v), amended G.S. 143B-115, effective July 1, 2015, by substituting "Secretary of Environmental Quality" for "Secretary of Environment and Natural Resources." Session Laws 2015-184, s. 5 subsequently repealed G.S. 143B-115, effective August 5, 2015.

Former G.S. 143B-111 pertained to the creation, powers and duties of the John Motley Morehead Memorial Commission. Former G.S. 143B-112 pertained to the status of the John Motley Morehead Memorial Commission. Former G.S. 143B-113 pertained to authorization for counties to assist the John Motley Morehead Memorial Commission. Former G.S. 143B-114 pertained to reports submitted by the John Motley Morehead Memorial Commission. Former G.S. 143B-115 pertained to membership and compensation for the John Motley Morehead Memorial Commission.

§§ 143B-116 through 143B-120: Reserved for future codification purposes.

PART 24. GRASSROOTS ARTS PROGRAM.

§ 143B-121. Program established.

The Department of Natural and Cultural Resources shall establish a program to be known as the Grassroots Arts Program, by which funds shall be distributed among the counties of this State for the purpose of assisting the counties in the development of community arts programs. The Grassroots Arts Program shall be established within the "Community Art Development Section" (North Carolina Arts Council) of the Division of the Arts.

History

(1977, c. 1008, s. 1; 2015-241, s. 14.30(s).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" in the first sentence.

§ 143B-122. Distribution of funds.

Of the funds available under the Grassroots Arts Program, twenty percent (20%) of the total shall be distributed among the counties equally, and the remaining eighty percent (80%) shall be distributed among the counties on a per capita basis.

History

(1977, c. 1008, s. 2; 2007-323, s. 21.1(a).)

Effect of Amendments. - Session Laws 2007-323, s. 21.1.(a), effective July 1, 2007, substituted "Of the funds" for "Funds" at the beginning, inserted "twenty percent (20%) of the total," and inserted "equally, and the remaining eighty percent (80%) shall be distributed among the counties" near the end.

§ 143B-123. Rules and procedures; standards for qualification for funds.

The Department of Natural and Cultural Resources shall be authorized to adopt rules and procedures necessary to implement this program and shall adopt standards which must be met by organizations within the counties in order to qualify for funds under the Grassroots Arts Program. The standards adopted shall include, but not be limited to the following:

1. The organization must show that it exists primarily to aid the arts and that it aids the arts in all its forms including the performing, visual and literary.
2. The organization must show that its programs are open to the entire community.
3. The organization must show that it is a nonprofit, tax-exempt corporation, governed by a citizen board which is not self-perpetuating, and that it has been in existence and active for at least one full year.
4. The organization must show that it can match funds available under the Grassroots Arts Program with public or private funds from within the county in which it is located at a ratio of one-to-one.

History

(1977, c. 1008, s. 3; 2015-241, s. 14.30(s).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" in the introductory paragraph.

§ 143B-124. Designation of organization as official distributing agent; duties.

Guided by the standards set out in G.S. 143B-123, the board of county commissioners of each county shall designate to the Department of Natural and Cultural Resources an organization to serve as its distributing agent for Grassroots Arts Program funds. Upon the approval of the Department of Natural and Cultural Resources, the designated organization shall become the official distributing agent for that county and shall remain so until such time as it no longer meets the necessary standards. To receive its per capita funds, the official distributing agent must annually submit to the Department of Natural and Cultural Resources for its approval a plan for the expenditure of the funds allotted to that county and must account for the funds after they have been expended. Funds may be used for programming, administrative and operating expenses, and should assist in the total development of the arts within that county.

History

(1977, c. 1008, s. 4; 2015-241, s. 14.30(s).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" throughout the section.

§ 143B-125. Disposition of funds for counties without organizations meeting Department standards.

Funds for counties without organizations which meet the necessary standards set by the Department of Natural and Cultural Resources shall be retained by the department and used for arts programming within these counties. Where feasible, the department shall maintain the same per capita rate for the distribution of funds to these counties and shall require the same matching ratio.

History

(1977, c. 1008, s. 5; 1993, c. 321, s. 33; 2015-241, s. 14.30(s).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" in the first sentence.

PART 25. HISTORICAL MILITARY REENACTMENT GROUPS.

§ 143B-126. Voluntary registration; designation of names; registration symbol.

The Department of Natural and Cultural Resources shall establish a program for the voluntary registration of historical military reenactment groups. The Department shall require, as part of the registration procedure, the filing of a copy of the various bylaws governing the groups. The Department shall designate the names to be used by the groups to ensure a lack of duplication or confusion between the groups and shall, in the case of duplicate name requests, decide the use of a particular name based on the longest period of existence as shown by the dates of the bylaws or other evidence of creation. The Department shall create a seal or other logo which shall indicate registration with the Department and shall be authorized for use only by groups properly registered pursuant to this part.

History

(1981, c. 523, s. 1; 2015-241, s. 14.30(s).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" in the first sentence.

§ 143B-127. Contracts with registered groups.

The Department of Natural and Cultural Resources, Office of Archives and History shall sign contracts for the performance of military historical dramas on State-owned property only with historical military reenactment groups properly registered pursuant to this Part.

History

(1981, c. 523, s. 2; 2002-159, s. 35(j); 2015-241, s. 14.30(s).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources."

PART 26. ADVISORY COMMITTEE ON ABANDONED CEMETERIES.

§ 143B-128: Repealed by Session Laws 2011-266, s. 1.1, effective July 1, 2011.

History

(1981, c. 1016, s. 1; 1995, c. 490, s. 1; repealed by 2011-266, s. 1.1, effective July 1, 2011.)

Editor's Note. - Former G.S. 143B-128 pertained to the Advisory Committee on Abandoned Cemeteries.

PART 27. ROANOKE VOYAGES AND ELIZABETH II COMMISSION.

§§ 143B-129 through 143B-131: Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 769, s. 12.5(c).

Editor's Note. - Session Laws 1993 (Reg. Sess., 1994), c. 769, s. 12.5(d), provides that effective October 1, 1994, the statutory authority, powers, duties, functions, records, personnel, property, and funds of the Roanoke Voyages and Elizabeth II Commission are transferred to the Roanoke Island Commission, and that all its prescribed powers are transferred as well.

Session Laws 2017-57, s. 14.8(e), effective October 1, 2017, abolished the Roanoke Island Commission, and provided that all powers, assets, liabilities, contracts, and agreements with, of, or issued by the Roanoke Island Commission were transferred to the Department of Natural and Cultural Resources as the successor in interest to the Commission.

Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'"

Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium."

Session Laws 2017-57, s. 39.6, is a severability clause.

PART 27A. ROANOKE ISLAND COMMISSION.

§§ 143B-131.1, 143B-131.2: Repealed by Session Laws 2017-57, s. 14.8(e), effective October 1, 2017.

History

(G.S. 143B-131.1: 1993 (Reg. Sess., 1994), c. 769, s. 12.5(a); 1995, c. 507, s. 12.6(a); 2011-145, s. 21.2(g); 2014-100, s. 19.8(a); 2015-241, s. 14.30(s), (x); repealed by 2017-57, s. 14.8(e), effective October 1, 2017. G.S. 143B-131.2: 1993 (Reg. Sess., 1994), c. 769, s. 12.5(a); 1995, c. 507, s. 12.6(b); 1997-443, ss. 11A.119(a), 30.1; 1998-212, ss. 21.1(a), 21.1(b); 2006-259, s. 25; 2010-194, s. 26; 2011-145, s. 21.2(d), (e), (h); 2011-284, s. 98; 2011-326, s. 15(aa); 2014-100, s. 19.8(a); 2015-241, s. 14.30(s), (t), (u), (x); repealed by 2017-57, s. 14.8(e), effective October 1, 2017.)

Editor's Note. - Former G.S. 143B-131.1 pertained to the establishment of the Roanoke Island Commission.

Former G.S. 143B-131.2 pertained to the purpose, powers and duties of the Roanoke Island Commission.

Session Laws 2011-145, s. 21.2(b), provides: "All funds and assets in the Outer Banks Island Farm Fund are transferred to the Roanoke Island Commission Fund established in G.S. 143B-131.8."

Session Laws 2011-145, s. 21.2(f), provides: "Effective July 1, 2012, all funds held by the Roanoke Island Commission, including all balances credited to the Roanoke Island Commission Endowment Fund, shall be transferred to the Historic Roanoke Island Fund established in G.S. 143B-131.8A."

Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'"

Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium."

Session Laws 2011-145, s. 32.5 is a severability clause.

Session Laws 2012-142, s. 18.3, provides: "The Department of Cultural Resources shall develop comprehensive five-year plans for the Tryon Palace Historic Sites and Gardens and the North Carolina Transportation Museum. The Roanoke Island Commission shall develop a comprehensive five-year plan for the Elizabeth II State Historic Site and Visitor Center, the Elizabeth II, Ice Plant Island, and all other properties under the administration of the Department of Cultural Resources located on Roanoke Island. The plans shall describe in detail revenue and expenditure projections, proposed reductions in scope or expenditures, and each site's plans to further develop non-State sources of funding in accordance with the reductions in appropriations implemented in S.L. 2011-145, including the feasibility of privatization. The Department and the Roanoke Island Commission shall submit their reports to the Chairs of the House Appropriations Subcommittee on General Government and the Chairs of the Senate Appropriations Committee on General Government and Information Technology by February 1, 2013."

Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'"

Session Laws 2012-142, s. 27.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year."

Session Laws 2012-142, s. 27.7, is a severability clause.

Session Laws 2017-57, s. 14.8(e), provides: "Effective October 1, 2017, Part 27A of Article 2 of Chapter 143B of the General Statutes is repealed and the Roanoke Island Commission is abolished. All powers, assets, liabilities, contracts, and agreements with, of, or issued by the Roanoke Island Commission are vested in and transferred to the Department of Natural and Cultural Resources as the successor in interest to the Commission. Any references to purposes of the Commission set forth in G.S. 143B-131.2 shall be construed to refer to the purposes set forth in G.S. 143-202.2, as enacted by subsection (b) of this section."

Session Laws 2017-57, s. 14.8(f), effective October 1, 2017, provides: "(f) Any certificates of appropriateness for the U.S. Highway 64/264 or the U.S. 64/264 Bypass travel corridor issued by any local government under former Part 27A of Article 2 of Chapter 143B of the General Statutes remain valid and in effect as issued."

Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'"

Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium."

Session Laws 2017-57, s. 39.6, is a severability clause.

§ 143B-131.3: Repealed by Session Laws 2014-100, s. 19.8(a), effective July 1, 2014.

History

(1985, c. 757, s. 180; 1995, c. 490, s. 7; 2002-159, s. 35( l ); repealed by 2011-266, s. 1.3, effective July 1, 2011.)

Editor's Note. - Former G.S. 143B-131.3 authorized the assignment of property, equipment and personnel to the Commission from state agencies.

§§ 143B-131.4 through 143B-131.6: Repealed by Session Laws 2017-57, s. 14.8(e), effective October 1, 2017.

History

(G.S. 143B-131.4: 1993 (Reg. Sess., 1994), c. 769, s. 12.5(a); 2012-142, s. 18.1; 2014-100, s. 19.8(a); 2015-241, s. 14.30(jjj); repealed by 2017-57, s. 14.8(e), effective October 1, 2017. G.S. 143B-131.5: 1993 (Reg. Sess., 1994), c. 769, s. 12.5(a); 2014-100, s. 19.8(a); repealed by 2017-57, s. 14.8(e), effective October 1, 2017. G.S. 143B-131.6: 1993 (Reg. Sess., 1994), c. 769, s. 12.5(a); 2000-181, s. 2.4; 2014-100, s. 19.8(a); 2015-241, s. 14.30(x); repealed by 2017-57, s. 14.8(e), effective October 1, 2017.)

Editor's Note. - Former G.S. 143B-131.4 pertained to Commission reports.

Former G.S. 143B-131.5 pertained to additional powers and duties of, and the transfer of assets and liabilities of the Roanoke Voyages and Elizabeth II Commission to, the Roanoke Island Commission.

Former G.S. 143B-131.6 pertained to Roanoke Island Commission members, terms, vacancies, expenses and officers.

Session Laws 1985, c. 730, ss. 1 to 3, provide: "Sec. 1. Notwithstanding Article III of Chapter 111 of the General Statutes, with the approval of the Department of Cultural Resources, the Friends of Elizabeth II, Incorporated, may operate vending machines on the site grounds of the Elizabeth II.

"Sec. 2. Eighty percent (80%) of the profits from activities authorized by Section 1 of this act shall be used to support the Elizabeth II, the ship's boat, and related activities. The remainder of the profits shall be used for the activities of the Roanoke Voyages and Elizabeth II Commission.

"Sec. 3. This act is effective upon ratification (July 12, 1985)."

Session Laws 2012-142, s. 18.3, provides: "The Department of Cultural Resources shall develop comprehensive five-year plans for the Tryon Palace Historic Sites and Gardens and the North Carolina Transportation Museum. The Roanoke Island Commission shall develop a comprehensive five-year plan for the Elizabeth II State Historic Site and Visitor Center, the Elizabeth II, Ice Plant Island, and all other properties under the administration of the Department of Cultural Resources located on Roanoke Island. The plans shall describe in detail revenue and expenditure projections, proposed reductions in scope or expenditures, and each site's plans to further develop non-State sources of funding in accordance with the reductions in appropriations implemented in S.L. 2011-145, including the feasibility of privatization. The Department and the Roanoke Island Commission shall submit their reports to the Chairs of the House Appropriations Subcommittee on General Government and the Chairs of the Senate Appropriations Committee on General Government and Information Technology by February 1, 2013."

Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'"

Session Laws 2012-142, s. 27.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year."

Session Laws 2012-142, s. 27.7 is a severability clause.

Session Laws 2017-57, s. 14.1(ii), effective July 1, 2017, amended former G.S. 143B-131.4 by, in the first paragraph, substituting "semiannual" for "quarterly," and inserting "by January 15 and July 15 of each year," "Agriculture" the second time it appeared, and "the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources." The section was subsequently repealed by Session Laws 2017-57, s. 14.8(e), effective October 1, 2017.

Session Laws 2017-57, s. 14.8(e), provides: "Effective October 1, 2017, Part 27A of Article 2 of Chapter 143B of the General Statutes is repealed and the Roanoke Island Commission is abolished. All powers, assets, liabilities, contracts, and agreements with, of, or issued by the Roanoke Island Commission are vested in and transferred to the Department of Natural and Cultural Resources as the successor in interest to the Commission. Any references to purposes of the Commission set forth in G.S. 143B-131.2 shall be construed to refer to the purposes set forth in G.S. 143-202.2, as enacted by subsection (b) of this section."

Session Laws 2017-57, s. 14.8(f), effective October 1, 2017, provides: "(f) Any certificates of appropriateness for the U.S. Highway 64/264 or the U.S. 64/264 Bypass travel corridor issued by any local government under former Part 27A of Article 2 of Chapter 143B of the General Statutes remain valid and in effect as issued."

Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'"

Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium."

Session Laws 2017-57, s. 39.6, is a severability clause.

§ 143B-131.7: Repealed by Session Laws 2015-241, s. 14.33, effective July 1, 2015.

History

(1993 (Reg. Sess., 1994), c. 769, s. 12.5(a); repealed by 2015-241, s. 14.33, effective July 1, 2015.)

Editor's Note. - Former G.S. 143B-131.7 pertained to legal counsel for the Roanoke Island Commission.

§ 143B-131.8: Repealed by Session Laws 2011-145, s. 21.2(i), effective July 1, 2012.

History

(1995, c. 507, s. 12.6(c); 2011-145, s. 21.2(c); 2011-284, s. 99; repealed by Session Laws 2011-145,s. 21.2(i), effective July 1, 2012.)

Editor's Note. - Former 143B-131.8 pertained to the Roanoke Island Commission Fund and the Roanoke Island Commission Endowment Fund.

§ 143B-131.8A: Recodified as G.S. 143-202.3 by Session Laws 2017-57, s. 14.8(c), effective October 1, 2017.

Editor's Note. - This section was enacted as G.S. 143B-131.8A and was recodified as G.S. 143-202.3 by Session Laws 2017-57, s. 14.8(c).

Session Laws 2017-57, s. 14.8(i) made the recodification of this section effective October 1, 2017.

§ 143B-131.9: Recodified as G.S. 143-202.4 by Session Laws 2017-57, s. 14.8(c), effective October 1, 2017.

Editor's Note. - This section was enacted as G.S. 143B-131.9 and was recodified as G.S. 143-202.4 by Session Laws 2017-57, s. 14.8(c).

Session Laws 2017-57, s. 14.8(i) made the recodification of this section effective October 1, 2017.

§ 143B-131.10: Repealed by Session Laws 2017-57, s. 14.8(e), effective October 1, 2017.

History

(1995, c. 507, s. 12.6(c); 2006-203, s. 102; repealed by 2017-57, s. 14.8(e), effective October 1, 2017.)

Editor's Note. - Former G.S. 143B-131.10 provided that G.S. 143C-6-4, 143C-6-5 and 143C-6-9 did not apply to former Part 27A of Article 2 of Chapter 143B.

Session Laws 2017-57, s. 14.8(e), provides: "Effective October 1, 2017, Part 27A of Article 2 of Chapter 143B of the General Statutes is repealed and the Roanoke Island Commission is abolished. All powers, assets, liabilities, contracts, and agreements with, of, or issued by the Roanoke Island Commission are vested in and transferred to the Department of Natural and Cultural Resources as the successor in interest to the Commission. Any references to purposes of the Commission set forth in G.S. 143B-131.2 shall be construed to refer to the purposes set forth in G.S. 143-202.2, as enacted by subsection (b) of this section."

Session Laws 2017-57, s. 14.8(f), effective October 1, 2017, provides: "Any certificates of appropriateness for the U.S. Highway 64/ 264 or the U.S. 64/ 264 Bypass travel corridor issued by any local government under former Part 27A of Article 2 of Chapter 143B of the General Statutes remain valid and in effect as issued."

Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'"

Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium."

Session Laws 2017-57, s. 39.6, is a severability clause.

PART 28. ANDREW JACKSON HISTORIC MEMORIAL COMMITTEE.

§ 143B-132: Repealed by Session Laws 2011-266, s. 1.3, effective July 1, 2011.

History

(1985, c. 757, s. 180; 1995, c. 490, s. 7; 2002-159, s. 35( l ); repealed by 2011-266, s. 1.3, effective July 1, 2011.)

Editor's Note. - Former G.S. 143B-132 pertained to the Andrew Jackson Historic Memorial Committee.

PART 29. VETERANS' MEMORIAL COMMISSION.

§§ 143B-133, 143B-133.1: Expired.

History

(G.S. 143B-133: 1987, c. 779, s. 1; 1995, c. 490, s. 62; 2015-241, s. 14.30(s), (t). G.S. 143B-133.1: 1987, c. 779, s. 1; 2000-140, s. 93.1(a); 2001- 424, s. 12.2(b).)

Editor's Note. - Part 29 of Article 2 of Chapter 143B expired pursuant to G.S. 143B-133(i), upon the dedication of a monument to the veterans of World War I, World War II, and the Korean War. The monument was dedicated on May 27, 1990.

Former G.S. 143B-133 pertained to the creation of the Commission. Former G.S. 143B-133.1 pertained to the powers of the Commission.

§ 143B-134: Reserved for future codification purposes.

PART 30. AFRICAN-AMERICAN HERITAGE COMMISSION.

§ 143B-135. Commission established.

1. Creation and Duties. - There is created the African-American Heritage Commission in the Department of Natural and Cultural Resources to advise and assist the Secretary of Natural and Cultural Resources in the preservation, interpretation, and promotion of African-American history, arts, and culture. The Commission shall have the following powers and duties:
   1. To advise the Secretary of Natural and Cultural Resources on methods and means of preserving African-American history, arts, and culture.
   2. To promote public awareness of historic buildings, sites, structures, artwork, and culture associated with North Carolina's African-American heritage through special programs, exhibits, and publications.
   3. To support African-American heritage education in elementary and secondary schools in coordination with North Carolina Public Schools.
   4. To build a statewide network of individuals and groups interested in the preservation of African-American history, arts, and culture.
   5. To develop a program to catalog, preserve, assess, and interpret all aspects of African-American history, arts, and culture.
   6. To advise the Secretary of Natural and Cultural Resources upon any matter the Secretary may refer to it.
2. Composition and Terms. - The Commission shall consist of 10 members who shall serve staggered terms. The initial board shall be selected on or before October 1, 2008, as follows:
   1. Four appointed by the Governor, two of whom shall serve terms of three years, one of whom shall serve a term of two years, and one of whom shall serve a term of one year. At least one appointee shall be a member of the North Carolina Historical Commission.
   2. Three appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, one of whom shall serve a term of three years, one of whom shall serve a term of two years, and one of whom shall serve a term of one year.
   3. Three appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives, one of whom shall serve a term of three years, one of whom shall serve a term of two years, and one of whom shall serve a term of one year.
3. Vacancies. - A vacancy shall be filled in the same manner as the original appointment, except that all unexpired terms appointed by the General Assembly shall be filled in accordance with G.S. 120-122. Appointees to fill vacancies shall serve the remainder of the unexpired term and until their successors have been duly appointed and qualified.
4. Removal. - The Commission may remove any of its members for neglect of duty, incompetence, or unprofessional conduct. A member subject to disciplinary proceedings shall be disqualified from participating in the official business of the Commission until the charges have been resolved.
5. Officers. - The chair shall be designated by the Governor from among the members of the Commission to serve as chair at the pleasure of the Governor. The Commission shall elect annually from its membership a vice-chair and other officers deemed necessary by the Commission to carry out the purposes of this Article.
6. Meetings; Quorum. - The Commission shall meet at least semiannually to conduct business. The Board shall establish the procedures for calling, holding, and conducting regular and special meetings. A majority of Commission members shall constitute a quorum.
7. Compensation. - The Commission members shall receive no salary as a result of serving on the Commission but shall receive per diem, subsistence, and travel expenses in accordance with the provisions of G.S. 120-3.1, 138-5, and 138-6, as applicable.

Upon the expiration of the terms of the initial Commission members, each member shall be appointed for a three-year term and shall serve until a successor is appointed.

History

(2008-107, s. 19A.2; 2015-241, s. 14.30(s), (t).)

Effect of Amendments. - Session Laws 2015-241, s. 14.30(s), (t), effective July 1, 2015, in subsection (a), substituted "Secretary of Natural and Cultural Resources" for "Secretary of Cultural Resources" throughout and substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources."

PART 31. ACQUISITION AND CONTROL OF STATE PARKS.

§ 143B-135.10. Definitions.

In this Part, unless the context requires otherwise, "Department" means the Department of Natural and Cultural Resources, and "Secretary" means the Secretary of Natural and Cultural Resources.

History

(1939, c. 317, s. 1; 1969, c. 342, s. 1; 1973, c. 1262, ss. 28, 86; 1977, c. 771, s. 4; 1987, c. 827, s. 90; 1989, c. 727, s. 49; 1991 (Reg. Sess., 1992), c. 890, s. 2; 1997-443, s. 11A.119(a); 2011-145, s. 13.25(n); 2015-241, s. 14.30(e), ( l ).)

Cross References. - As to present provisions regarding acquisition and control of state forests and state recreational forests, see Article 74 of Chapter 106, G.S. 106-870 et seq.

Transfer of Division of Forest Resources. - Session Laws 2011-145, s. 13.25(a), provides: "(a) The Division of Forest Resources is transferred from the Department of Environment and Natural Resources to the Department of Agriculture and Consumer Services with all the elements of a Type I transfer, as defined by G.S. 143A-6."

Session Laws 2011-145, s. 13.25(yy), provides: "The transfers under this section become effective July 1, 2011, and funds transferred shall be net of any changes enacted by this section."

Session Laws 2011-145, s. 13.25(zz), provides: "Any references in this act to the Division of Forest Resources of the Department of Environment and Natural Resources shall be construed to refer to the Division of Forest Resources of the Department of Agriculture and Consumer Services. Any references in this act to the Forestry Council of the Department of Environment and Natural Resources shall be construed to refer to the Forestry Council of the Department of Agriculture and Consumer Services."

Editor's Note. - Former Article 2 of Chapter 113 (G.S. 113-29 to 113-44) was recodified as Part 31 of Article 2 of Chapter 143B (G.S. 143B-135.10 et seq.), by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015. Where appropriate, the historical citations to the sections in the former Article have been added to corresponding sections in the Part as rewritten and recodified.

Former G.S. 113-29 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.10.

Session Laws 2011-145, s. 13.25(m) and (n), effective July 1, 2011, substituted "State Parks" for "State Forests and Parks" in the Subchapter II and Article 2 headings.

Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'"

Session Laws 2011-145, s. 32.5, is a severability clause.

Session Laws 2015-241, s. 14.11(b), provides: "The Department of Environment and Natural Resources, or any other department given responsibilities for the North Carolina Zoological Park, State parks, and the North Carolina Aquariums, may establish admission fees and related activity fees for those sites and facilities. In setting these fees, the Department of Environment and Natural Resources shall use a dynamic pricing strategy as defined in subsection (e) of this section. Any rule currently in the Administrative Code related to fees covered by subsection (a) of this section is ineffective and repealed upon the effective date of new admission fees and related activity fees adopted by the Department under the authority set out in that subsection. Notice of the initial adoption of new admission fees and related activity fees under subsection (a) of this section shall be given by the Department to the Codifier of Rules, who, upon receipt of notice of the initial adoption of new admission fees and related activity fees by the Department, shall note the repeal of these rules in the Administrative Code. Nothing in this subsection is intended to authorize the Department or any other department to charge new parking fees at the North Carolina Zoological Park, State parks, or the North Carolina Aquariums or to charge an admission fee at any other site or facility that does not currently charge an admission fee."

Session Laws 2015-241, s. 14.11(e), provides: "For purposes of this section, 'dynamic pricing' is the adjustment of fees for admission and related activities from time to time to reflect market forces, including seasonal variations and special event interests, with the intent and effect to maximize revenues from use of these State resources to the extent practicable to offset appropriations from the General Assembly."

Session Laws 2015-241, s. 14.11(g), as amended by Session Laws 2015-268, s. 5.5, provides: "The Department of Environment and Natural Resources, or any other department given responsibilities for the North Carolina Zoological Park, State parks, and the North Carolina Aquariums may not impose fees on school groups visiting those attractions. For purposes of this section, 'fees' refers to the regular admission charge, and does not include a separate admission charge for a special temporary exhibition or a special program."

Session Laws 2015-241, s. 14.11(i), provides: "This section applies to admission fees or related activity fees charged on or after the effective date of this act [July 1, 2015]."

Session Laws 2015-241, s. 14.30(a), as amended by Session Laws 2015-268, s. 5.4(a), provides: "The Department of Cultural Resources is renamed the Department of Natural and Cultural Resources, and all functions, powers, duties, and obligations vested in the following programs, divisions, and entities within the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Department of Natural and Cultural Resources by a Type I transfer, as defined in G.S. 143A-6:

"(1) The Division of Parks and Recreation.

"(2) The State Parks System, including Mount Mitchell State Park.

"(3) The North Carolina Aquariums Division.

"(4) The North Carolina Zoological Park.

"(5) The North Carolina Museum of Natural Sciences.

"(6) Clean Water Management Trust Fund.

"(7) The Natural Heritage Program, within the Office of Land and Water Stewardship."

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2011-145, s. 13.25(n), effective July 1, 2011, rewrote the section catchline, which formerly read: "Policy and plan to be inaugurated by Department of Environment and Natural Resources"; and deleted subsection (b), which pertained to a policy and plan inaugurated by the Department of Environment and Natural Resources.

Session Laws 2015-241, s. 14.30( l ), effective July 1, 2015, rewrote the section.

Legal Periodicals. - For article, "The Pearl in the Oyster: The Public Trust Doctrine in North Carolina," see 12 Campbell L. Rev. 23 (1989).

For note, "This Name Is Your Name: Public Landmarks, Private Trademarks, and Our National Parks," see 67 Duke L.J. 145 (2017).

§ 143B-135.12. Power to acquire lands as State parks, and other recreational areas; donations or leases by United States; leases for recreational purposes.

1. The Department may acquire by gift, purchase, or condemnation under the provisions of Chapter 40A of the General Statutes, areas of land in different sections of the State that may in the opinion of the Department be necessary for the purpose of establishing or developing State parks, and other areas and developments essential to the effective operation of the State park activities under its charge. Condemnation proceedings shall be instituted and prosecuted in the name of the State, and any property so acquired shall be administered, developed, and used for public recreation and for other purposes authorized or required by law. Before any action or proceeding under this section can be exercised, the approval of the Governor and Council of State shall be obtained and filed with the clerk of the superior court in the county or counties where the property is located. The Attorney General shall ensure that all deeds to the State for land acquired under this section are properly executed before the gift is accepted or payment of the purchase money is made.
2. The Department may accept as gifts to the State any submarginal farmland acquired by the federal government that is suitable for the purpose of creating and maintaining game refuges, public shooting grounds, State parks, State lakes, and other recreational areas, or to enter into longtime leases with the federal government for the areas and administer them with funds secured from their administration in the best interest of longtime public use, supplemented by any appropriations made by the General Assembly. The Department may segregate revenue derived from State hunting and fishing licenses, use permits, and concessions and other proper revenue secured through the administration of State game refuges, public shooting grounds, State parks, State lakes, and other recreational areas to be deposited in the State treasury to the credit of the Department to be used for the administration of these areas.
3. The Department, with the approval of the Governor and Council of State, may enter into leases of lands and waters for State parks, State lakes, and recreational purposes.
4. The authority granted to the Department under this section is in addition to any authority granted to the Department under any other provision of law.

History

(1915, c. 253, s. 1; C.S., s. 6124; 1925, c. 122, s. 22; 1935, c. 226; 1941, c. 118, s. 1; 1951, c. 443; 1953, c. 1109; 1957, c. 988, s. 2; 1965, c. 1008, s. 1; 1973, c. 1262, ss. 28, 86; 1977, c. 771, s. 4; 1987, c. 827, s. 91; 1989, c. 727, s. 54; 1993, c. 539, s. 829; 1994, Ex. Sess., c. 24, s. 14(c); 2001-487, s. 38(e); 2003-284, s. 35.1(a); 2011-145, s. 13.25(n); 2015-241, s. 14.30(e).)

Local Modification. - Swain: 1951, c. 443.

Cross References. - As to power of the Department of Administration to acquire conservation lands not included in the State Parks System, see G.S. 143B-135.14.

Editor's Note. - Former G.S. 113-34 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.12. At the direction of the Revisor of Statutes, subsection (f) was redesignated as subsection (d) to eliminate the repeal lines.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2011-145, s. 13.25(n), effective July 1, 2011, in the section catchline, deleted "forests" following "State"; in subsection (a), deleted the former first three sentences, which read: "The Governor may, upon recommendation of the Department, accept gifts of land to the State to be held, protected, and administered by the Department as State forests, and to be used so as to demonstrate the practical utility of timber culture and water conservation, and as refuges for game. The gifts of land must be absolute except in cases where the mineral interest on the land has previously been sold. The Department may purchase lands in the name of the State, suitable chiefly for the production of timber, as State forests, for experimental, demonstration, educational, park, and protection purposes, using for these purposes any special appropriations or funds available," in the first sentence, inserted "gift, purchase, or" and deleted "State forests" preceding "State parks" and "State forestry and" preceding "State park," and in the second sentence, deleted "for experiment and demonstration in forest management" following "developed, and used" and made a minor stylistic change; and in subsection (b), in the first sentence, deleted "forest and" preceding "submarginal" and "State forests" following "maintaining," and in the last sentence, deleted "forests" following the second occurrence of "State."

§ 143B-135.14. Power to acquire conservation lands not included in the State Parks System.

The Department of Administration may acquire and allocate to the Department of Natural and Cultural Resources for management by the Division of Parks and Recreation lands that the Department of Natural and Cultural Resources finds are important for conservation purposes but which are not included in the State Parks System. Lands acquired pursuant to this section are not subject to Part 32 of Article 2 of Chapter 143B of the General Statutes and may be traded or transferred as necessary to protect, develop, and manage the Mountains to Sea State Park Trail, other State parks, or other conservation lands. This section does not expand the power granted to the Department of Natural and Cultural Resources under G.S. 143B-135.12(a) to acquire land by condemnation.

History

(2000-157, s. 3; 2015-241, s. 14.30(e), ( l ).)

Editor's Note. - Former G.S. 113-34.1 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.14.

Effect of Amendments. - Session Laws 2015-241, s. 14.30( l ), effective July 1, 2015, substituted "Natural and Cultural Resources" for "Environment and Natural Resources" throughout the section; substituted "Part 32 of Article 2 of Chapter 143B" for "Article 2C of Chapter 113" in the second sentence; and substituted "G.S. 143B-135.12(a)" for "G.S. 113-34(a)" in the last sentence.

§ 143B-135.16. Control over State parks; operation of public service facilities; concessions to private concerns; authority to charge fees and adopt rules.

1. The Department shall make reasonable rules governing the use by the public of State parks and State lakes under its charge. These rules shall be posted in conspicuous places on and adjacent to the properties of the State and at the courthouse of the county or counties in which the properties are located. A violation of these rules is punishable as a Class 3 misdemeanor. Notwithstanding any other provision of law, violations of rules regarding the following shall be punishable as an infraction and carry a penalty of not more than twenty-five dollars ($25.00):
   1. Parking a motor vehicle outside of a designated area.
   2. Persons using skateboards, rollerblades, roller skates, or similar devices in prohibited areas.
   3. Persons bathing animals or washing clothes or motor vehicles.
   4. Persons bathing, wading, surfing, diving, scuba diving, or swimming in undesignated areas.
   5. Persons carrying or depositing glass, crockery, or any metallic substance on a swimming area or beach.
   6. Persons using boats, rafts, surfboards, personal watercraft, canoes, or other vessels in designated swimming areas.
   7. Persons fishing in nondesignated areas.
2. The Department may adopt rules under which the Secretary may issue a special-use permit authorizing the use of pyrotechnics in State parks in connection with public exhibitions. The rules shall require that experts supervise the use of pyrotechnics and that written authorization for the use of pyrotechnics be obtained from the board of commissioners of the county in which the pyrotechnics are to be used, as provided in G.S. 14-410. The Secretary may impose any conditions on a permit that the Secretary determines to be necessary to protect public health, safety, and welfare. These conditions shall include a requirement that the permittee execute an indemnification agreement with the Department and obtain general liability insurance covering personal injury and property damage that may result from the use of pyrotechnics with policy limits determined by the Secretary.
3. The Department may construct, operate, and maintain within the State parks, State lakes, and other areas under its charge suitable public service facilities and conveniences, and may charge and collect reasonable fees for the use of these facilities and conveniences. The Department may also charge and collect reasonable fees for each of the following:
   1. The erection, maintenance, and use of docks, piers, and any other structures permitted in or on State lakes under rules adopted by the Department.
   2. Fishing privileges in State parks and State lakes, provided that these privileges shall be extended only to holders of State hunting and fishing licenses who comply with all State game and fish laws.
   3. Vehicle access for off-road driving at the beach at Fort Fisher State Recreation Area.
   4. The erection, maintenance, and use of a marina at Carolina Beach.
4. Members of the public who pay a fee under subsection (c) of this section for access to Fort Fisher State Recreation Area may have 24-hour access to Fort Fisher State Recreation Area from September 15 through March 15 of each year.
5. The Department may make reasonable rules for the operation and use of boats or other craft on the surface of the waters under its charge. The Department may charge and collect reasonable fees for the use of boats and other watercraft that are purchased and maintained by the Department; however, the Department shall not charge a fee for the use or operation of any other boat or watercraft on these waters.
6. The Department may grant to private individuals or companies concessions for operation of public service facilities for such periods and upon such conditions as the Department deems to be in the public interest. The Department may adopt reasonable rules for the regulation of the use by the public of the lands and waters under its charge and of the public service facilities and conveniences authorized under this section. A violation of these rules is punishable as a Class 3 misdemeanor.
7. The Department shall validate no less frequently than every five years the number of visitors per car used in the calculation of visitor counts at State Parks.
8. The authority granted to the Department under this section is in addition to any authority granted to the Department under any other provision of law.

A person found responsible for a violation carrying a penalty of an infraction of this section shall not be assessed court costs for the infraction.

History

(1931, c. 111; 1947, c. 697; 1965, c. 1008, s. 2; 1969, c. 343; 1973, c. 547; c. 1262, ss. 28, 86; 1977, c. 771, s. 4; 1987, c. 827, s. 92; 1989, c. 727, s. 55; 1993, c. 539, ss. 830, 831; 1994, Ex. Sess., c. 24, s. 14(c); 1997-258, s. 2; 1997-443, s. 11A.119(a); 2003-284, ss. 35.1(b), 35.1A(a), 35.1A(b); 2004-124, s. 12.3(a); 2011-145, s. 13.25(n); 2012-93, s. 2(3); 2015-241, s. 14.30(e), ( l ); 2019-241, s. 2(a).)

Editor's Note. - Former G.S. 113-35 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.16.

Session Laws 1997-258, s. 3, provides: "This act constitutes a recent act of the General Assembly within the meaning of G.S. 150B-21.1. The Department of Environment and Natural Resources may adopt temporary rules to implement the provisions of G.S. 113-35(a1), as enacted by Section 2 of this act."

Session Laws 2003-284, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2003'."

Session Laws 2003-284, s. 35.1(c), provides: "Notwithstanding G.S. 150B-21.1, the Department of Environment and Natural Resources may adopt temporary rules to establish fees under G.S. 113-35(b)(3), as amended by subsection (b) of this section, within six months after the effective date of this section."

Session Laws 2003-284, s. 35.1A(c), provides: "The Department of Environment and Natural Resources may adopt temporary rules to increase fees under G.S. 113-35, as amended by subsections (a) and (b) of this section, for the use of public service facilities and conveniences located in State forests, State parks, State lakes, and other areas under the charge of the Division of Parks and Recreation."

Session Laws 2003-284, s. 48.1, provides: "Parts 32 through 47 of this act do not affect the rights or liabilities of the State, a taxpayer, or another person arising under a statute amended or repealed by those parts before the effective date of its amendment or repeal; nor do they affect the right to any refund or credit of a tax that accrued under the amended or repealed statute before the effective date of its amendment or repeal."

Session Laws 2003-284, s. 49.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2003-2005 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2003-2005 fiscal biennium."

Session Laws 2003-284, s. 49.5, is a severability clause.

The first sentence of Session Laws 2012-93, s. 2(3), effective June 28, 2012, has been codified as subsection (d1) of this section at the direction of the Revisor of Statutes. Session Laws 2015-241, s. 14.30( l ), recodified subsection (d1) as subsection (g).

Session Laws 2012-93, s. 2(3), provides, in part, that the first report on the analysis described in subsection (d1) of this section shall be presented to the House Appropriations Subcommittee on Natural and Economic Resources and the Senate Appropriations Committee on Natural and Economic Resources no later than October 1, 2013.

Session Laws 2019-241, s. 2(b), made the last two sentences of subsection (a), including subdivisions (1) through (7), as added by Session Laws 2019-241, s. 2(a), effective December 1, 2019, and applicable to offenses committed on or after that date.

Effect of Amendments. - Session Laws 2004-124. s. 12.3(a), effective July 1, 2004, inserted subsection (b1).

Session Laws 2011-145, s. 13.25(n), effective July 1, 2011, in the section catchline, deleted "State timber may be sold by Department; forest nurseries" from the beginning, and substituted "Control over State parks" for "Control over parks"; in subsection (a), deleted the former first four sentences, which pertained to authority of Department to sell, cut, and remove timber and other products of State forests, and in the first sentence, substituted "State parks and State lakes" for "State forests, State parks, State lakes, game refuges, and public shooting grounds"; in the first sentence of subsection (b) and in subdivision (b)(2), deleted "State forests" preceding "State parks"; and in subdivision (b)(2), deleted "Hunting privileges on State forests and" from the beginning, and made minor stylistic changes.

Session Laws 2015-241, s. 14.30( l ), effective July 1, 2015, redesignated former subsections (a1), (b), (b1), (c), (d), (d1), and (e) as subsections (b) through (h), respectively; substituted "subsection (c)" for "subsection (b)" in subsection (d); and deleted "implement the following recommendations:" preceding "validate" in subsection (g).

Session Laws 2019-241, s. 2(a), added the last two sentences of subsection (a), including subdivisions (1) through (7). For effective date and applicability, see editor's note.

§ 143B-135.18. Legislative authority necessary for payment.

Nothing in this Part shall operate or be construed as authority for the payment of any money out of the State treasury for the purchase of lands or for other purposes unless by appropriation for said purpose by the General Assembly.

History

(1915, c. 253, s. 21/2; C.S., s. 6126; 2015-241, s. 14.30(e), ( l ).)

Editor's Note. - Former G.S. 113-37 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.18.

Effect of Amendments. - Session Laws 2015-241, s. 14.30( l ), effective July 1, 2015, substituted "Part" for "Article."

§ 143B-135.20. License fees for hunting and fishing on government-owned property unaffected.

No wording in G.S. 113-307.1(a), or any other North Carolina statute or law, or special act, shall be construed to abrogate the vested rights of the State of North Carolina to collect fees for license for hunting and fishing on any government-owned land or in any government-owned stream in North Carolina including the license for county, State or nonresident hunters or fishermen; or upon any lands or in any streams hereafter acquired by the federal government within the boundaries of the State of North Carolina. The lands and streams within the boundaries of the Great Smoky Mountains National Park to be exempt from this section.

History

(1933, c. 537, s. 2; 1979, c. 830, s. 6; 2011-145, s. 13.25(n); 2015-241, s. 14.30(e).)

Editor's Note. - Former G.S. 113-39 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.20.

Effect of Amendments. - Session Laws 2011-145, s. 13.25(n), effective July 1, 2011, substituted "exempt from this section" for "excepted from this section" in the last sentence.

§ 143B-135.22. Donations of property for park purposes; agreements with federal government or agencies for acquisition.

The Department is hereby authorized and empowered to accept gifts, donations or contributions of land suitable for park purposes and to enter into agreements with the federal government or other agencies for acquiring by lease, purchase or otherwise such lands as in the judgment of the Department are desirable for State parks.

History

(1935, c. 430, s. 1; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1989, c. 727, s. 58; 2011-145, s. 13.25(n); 2015-241, s. 14.30(e).)

Editor's Note. - Former G.S. 113-40 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.22.

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2011-145, s. 13.25(n), effective July 1, 2011, in the section catchline and in the section text, deleted "forestry or" preceding "park purposes"; and in the section text, deleted "State forests or" preceding "State parks."

§ 143B-135.24. Expenditure of funds for development, etc.; disposition of products from lands; rules.

When lands are acquired or leased under G.S. 143B-135.22, the Department is hereby authorized to make expenditures from any funds not otherwise obligated, for the management, development and utilization of such areas; to sell or otherwise dispose of products from such lands, and to make such rules as may be necessary to carry out the purposes of G.S. 143B-135.22 to 143B-135.30.

History

(1935, c. 430, s. 2; 1987, c. 827, s. 93; 2015-241, s. 14.30(e).)

Editor's Note. - Former G.S. 113-41 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.24. Statutory references in text were updated at the direction of the Revisor of Statutes to conform to the recodification.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

§ 143B-135.26. Disposition of revenues received from lands acquired.

All revenues derived from lands now owned or later acquired under the provisions of G.S. 143B-135.22 to 143B-135.30 shall be set aside for the use of the Department in acquisition, management, development and use of such lands until all obligations incurred have been paid in full. Thereafter, fifty percent (50%) of all net profits accruing from the administration of such lands shall be applicable for such purposes as the General Assembly may prescribe, and fifty percent (50%) shall be paid into the school fund to be used in the county or counties in which lands are located.

History

(1935, c. 430, s. 3; 2015-241, s. 14.30(e).)

Editor's Note. - Former G.S. 113-42 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.26. Statutory references in text were updated at the direction of the Revisor of Statutes to conform to the recodification.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

§ 143B-135.28. State not obligated for debts created hereunder.

Obligations for the acquisition of land incurred by the Department under the authority of G.S. 143B-135.22 to 143B-135.30 shall be paid solely and exclusively from revenues derived from such lands and shall not impose any liability upon the general credit and taxing power of the State.

History

(1935, c. 430, s. 4; 2015-241, s. 14.30(e).)

Editor's Note. - Former G.S. 113-43 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.28. Statutory references in text were updated at the direction of the Revisor of Statutes to conform to the recodification.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

§ 143B-135.30. Disposition of lands acquired.

The Department shall have full power and authority to sell, exchange or lease lands under its jurisdiction when in its judgment it is advantageous to the State to do so in the highest orderly development and management of State parks: Provided, however, said sale, lease or exchange shall not be contrary to the terms of any contract which it has entered into.

History

(1935, c. 430, s. 5; 2011-145, s. 13.25(n); 2015-241, s. 14.30(e).)

Editor's Note. - Former G.S. 113-44 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.30.

Effect of Amendments. - Session Laws 2011-145, s. 13.25(n), effective July 1, 2011, deleted "State forests and" preceding "State parks."

PART 32. STATE PARKS ACT.

§ 143B-135.40. Short title.

This Part shall be known as the State Parks Act.

History

(1987, c. 243, s. 1; 2015-241, s. 14.30(e), ( l ).)

Cross References. - As to power of the Department of Administration to acquire conservation lands not included in the State Parks System, see G.S. 143B-135.14.

Editor's Note. - Former Article 2C of Chapter 113 (G.S. 113-44.7 to 113-44.15) was recodified as Part 32 of Article 2 of Chapter 143B (G.S. 143B-135.40 et seq.), by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015. Where appropriate, the historical citations to the sections in the former Article have been added to corresponding sections in the Part as rewritten and recodified.

Former G.S. 113-44.7 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.40.

Session Laws 2015-241, s. 14.30(a), as amended by Session Laws 2015-268, s. 5.4(a), provides: "The Department of Cultural Resources is renamed the Department of Natural and Cultural Resources, and all functions, powers, duties, and obligations vested in the following programs, divisions, and entities within the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Department of Natural and Cultural Resources by a Type I transfer, as defined in G.S. 143A-6:

"(1) The Division of Parks and Recreation.

"(2) The State Parks System, including Mount Mitchell State Park.

"(3) The North Carolina Aquariums Division.

"(4) The North Carolina Zoological Park.

"(5) The North Carolina Museum of Natural Sciences.

"(6) Clean Water Management Trust Fund.

"(7) The Natural Heritage Program, within the Office of Land and Water Stewardship."

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30( l ), effective July 1, 2015, substituted "Part" for "Article."

Legal Periodicals. - For article, "The Evolution of Modern North Carolina Environmental and Conservation Policy Legislation," see 29 Campbell L. Rev. 535 (2007).

§ 143B-135.42. Declaration of policy and purpose.

1. The State of North Carolina offers unique archaeologic, geologic, biological, scenic, and recreational resources. These resources are part of the heritage of the people of this State. The heritage of a people should be preserved and managed by the people for their use and for the use of their visitors and descendants.
2. The General Assembly finds it appropriate to establish the State Parks System. This system shall consist of parks which include representative examples of the resources sought to be preserved by this Part, together with such surrounding lands as may be appropriate. Park lands are to be used by the people of this State and their visitors in order to promote understanding of and pride in the natural heritage of this State.
3. The tax dollars of the people of the State should be expended in an efficient and effective manner for the purpose of assuring that the State Parks System is adequate to accomplish the goals as defined in this Part.
4. The purpose of this Part is to establish methods and principles for the planned acquisition, development, and operation of State parks.

History

(1987, c. 243, s. 1; 2003-340, s. 1.1; 2015-241, s. 14.30(e), ( l ).)

Editor's Note. - Former G.S. 113-44.8 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.42.

Effect of Amendments. - Session Laws 2015-241, s. 14.30( l ), effective July 1, 2015, substituted "Part" for "Article" throughout the section.

§ 143B-135.43. Control of Mount Mitchell Park and other parks in the North Carolina State Parks System.

The Department shall have responsibility for: (1) the control and management of Mount Mitchell Park and of any other parks which have been or may be acquired by the State as part of the North Carolina State Parks System and (2) the planning and coordination of State trails, which are components of the State Parks System, authorized by the General Assembly pursuant to G.S. 143B-135.54(b).

History

(1925, c. 122, s. 23; 1973, c. 1262, s. 28; 1977, c. 771, s. 4; 1989, c. 727, s. 43; 2015-241, s. 14.30(e); 2019-20, s. 3(a).)

Cross References. - For further provisions relating to Mount Mitchell Park, see G.S. 100-11 through 100-15.

Editor's Note. - Former G.S. 113-23 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.43.

Effect of Amendments. - Session Laws 2019-20, s. 3(a), effective June 3, 2019, inserted "responsibility for: (1)" after "shall have" and added "and (2) the planning and coordination of State trails, which are components of the State Parks System, authorized by the General Assembly pursuant to G.S. 143B-135.54(b).

§ 143B-135.44. Definitions.

As used in this Part, unless the context requires otherwise:

1. "Department" means the Department of Natural and Cultural Resources.
2. "Park" means any tract of land or body of water comprising part of the State Parks System under this Part, including existing State parks, State natural areas, State recreation areas, State trails, State rivers, and State lakes.
3. "Plan" means State Parks System Plan.
4. "Secretary" means the Secretary of Natural and Cultural Resources.
5. "State Parks System" or "system" mean all those lands and waters which comprise the parks system of the State as established under this Part.

History

(1987, c. 243, s. 1; 1989, c. 727, s. 218(50); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(e), ( l ).)

Editor's Note. - Former G.S. 113-44.9 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.44.

Effect of Amendments. - Session Laws 2015-241, s. 14.30( l ), effective July 1, 2015, substituted "this Part" for "this Article" in the introductory language and in subdivisions (2) and (5); and substituted "Natural and Cultural Resources" for "Environment and Natural Resources" in subdivisions (1) and (4).

§ 143B-135.46. Powers of the Secretary.

The Secretary shall implement the provisions of this Part and shall be responsible for the administration of the State Parks System.

History

(1987, c. 243, s. 1; 2015-241, s. 14.30(e), ( l ).)

Editor's Note. - Former G.S. 113-44.10 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.46.

Effect of Amendments. - Session Laws 2015-241, s. 14.30( l ), effective July 1, 2015, substituted "Part" for "Article."

§ 143B-135.48. Preparation of a System Plan.

1. The Secretary shall prepare and adopt a State Parks System Plan by December 31, 1988. The Plan, at a minimum, shall:
   1. Outline a method whereby the mission and purposes of the State Parks System as defined in G.S. 143B-135.42 can be achieved in a reasonable, timely, and cost-effective manner;
   2. Evaluate existing parks against these standards to determine their statewide significance;
   3. Identify duplications and deficiencies in the current State Parks System and make recommendations for correction;
   4. Describe the resources of the existing State Parks System and their current uses, identify conflicts created by those uses, and propose solutions to them; and
   5. Describe anticipated trends in usage of the State Parks System, detail what impacts these trends may have on the State Parks System, and recommend means and methods to accommodate those trends successfully.
2. The Plan shall be developed with full public participation, including a series of public meetings held on adequate notice under rules which shall be adopted by the Secretary. The purpose of the public meetings and other public participation shall be to obtain from the public:
   1. Views and information on the needs of the public for recreational resources in the State Parks System;
   2. Views and information on the manner in which these needs should be addressed;
   3. Review of the draft plan prepared by the Secretary before he adopts the Plan.
3. The Secretary shall revise the Plan at intervals not exceeding five years. Revisions to the Plan shall be made consistent with and under the rules providing public participation in adoption of the Plan.
4. No later than October 1, 2018, and every five years thereafter, the Department shall submit electronically the State Parks System Plan to the Environmental Review Commission, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division. Concurrently, the Department shall submit a summary of each change to the Plan that was made during the previous five fiscal years.

History

(1987, c. 243, s. 1; 2010-31, s. 13.13; 2015-241, s. 14.30(e), ( l ); 2017-10, s. 4.20.)

Editor's Note. - Former G.S. 113-44.11 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.48.

Effect of Amendments. - Session Laws 2010-31, s. 13.13, effective July 1, 2010, added subsection (d).

Session Laws 2015-241, s. 14.30( l ), effective July 1, 2015, substituted "G.S. 143B-135.42" for "G.S. 113-44.8" in subdivision (a)(1) and substituted "appropriations committees with jurisdiction over natural and cultural resources" for "Appropriations Subcommittees on Natural and Economic Resources" in subsection (d).

Session Laws 2017-10, s. 4.20, effective May 4, 2017, in subsection (d), substituted "October 1, 2018, and every five years thereafter" for "October 1 of each year," substituted "the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources" for "the Senate and the House of Representatives appropriations committees with jurisdiction over natural and cultural resources," and substituted "five fiscal years" for "fiscal year" at the end of the sentence.

§ 143B-135.50. Classification of parks resources.

After adopting the Plan, the Secretary shall identify and classify the major resources of each of the parks in the State Parks System, in order to establish the major purpose or purposes of each of the parks, consistent with the Plan and the purposes of this Part.

History

(1987, c. 243, s. 1; 2015-241, s. 14.30(e), ( l ).)

Editor's Note. - Former G.S. 113-44.12 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.50.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30( l ), effective July 1, 2015, substituted "Part" for "Article."

§ 143B-135.52. General management plans.

Every park classified pursuant to G.S. 143B-135.50 shall have a general management plan. The plan shall include a statement of purpose for the park based upon its relationship to the System Plan and its classification. An analysis of the major resources and facilities on hand to achieve those purposes shall be completed along with a statement of management direction. The general management plan shall be revised as necessary to comply with the System Plan and to achieve the purposes of this Part.

History

(1987, c. 243, s. 1; 2015-241, s. 14.30(e), ( l ).)

Editor's Note. - Former G.S. 113-44.13 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.52.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.' "

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30( l ), effective July 1, 2015, substituted "G.S. 143B-35.50" for "G.S. 113-44.12" in the first sentence and substituted "Part" for "Article" in the last sentence.

§ 143B-135.54. Additions to and deletions from the State Parks System.

1. If, in the course of implementing G.S. 143B-135.50 the Secretary determines that the major purposes of a park are not consistent with the purposes of this Part and the Plan, the Secretary may propose to the General Assembly the deletion of that park from the State Parks System. On a majority vote of each house of the General Assembly, the General Assembly may remove the park from the State Parks System. No other agency or governmental body of the State shall have the power to remove a park or any part from the State Parks System.
2. New parks shall be added to the State Parks System by the Department after authorization by the General Assembly. Each additional park shall be authorized only by an act of the General Assembly. Additions shall be consistent with and shall address the needs of the State Parks System as described in the Plan. All additions shall be accompanied by adequate authorization and appropriations for land acquisition, development, and operations.

History

(1987, c. 243, s. 1; 2015-241, s. 14.30(e), ( l ).)

Cross References. - For components to the State Nature and Historic Preserve, see G.S. 143-260.10.

Falls Lake State Trail. - Session Laws 1999-459, s. 3, pursuant to the requirements of G.S. 113-44.14 applicable to the deletion of land from the State Parks System, provides for the deletion from the State Parks System of all segments and the entire width of the Falls Lake State Trail located within game lands managed by the Wildlife Resources Commission. This land is shown on a map entitled "Lands to be Deleted from Falls Lake State Recreation Area", dated 5 March 1999 and filed in the State Property Office. The State's leased interest in this land is reallocated to the Wildlife Resources Commission, and the Wildlife Resources Commission is to manage this land.

Bullhead Mountain State Natural Area. - Session Laws 2000-17, s. 1, effective June 22, 2000, authorizes the Department of Environment and Natural Resources to add Bullhead Mountain State Natural Area to the State Parks System as provided in G.S. 113-44.14(b).

Lea Island State Natural Area. - Session Laws 2000-102, s. 1, effective July 11, 2001, authorizes the Department of Environment and Natural Resources to add Lea Island State Natural Area to the State Parks System as provided in G.S. 113-44.14(b).

Mountains to Sea State Park Trail. - Session Laws 2000-157, ss. 1 and 2, effective August 2, 2000, authorizes the Department of Environment and Natural Resources to add the Mountains to Sea State Park Trail to the State Parks System as provided in G.S. 113-44.14(b), to be comprised only of those lands or easements which are or will be allocated for management to the Division of Parks and Recreation for this purpose. The Division is to promote, encourage, and facilitate the establishment of dedicated connecting trails through lands managed by other governmental agencies and nonprofit organizations in order to form a continuous trail across the State. At least five business days prior to initiating condemnation proceedings to acquire land for the Mountains to Sea State Park Trail, the Department of Administration is to notify the board of commissioners of the county in which the land is located and, if the land is located in a municipality, the board of commissioners of the municipality. Unless a governing body of a county or municipality notifies the Department of Administration within five business days that it objects to the proceedings, the Department of Administration may initiate the proceedings. The Department of Administration is not to initiate proceedings if a governing body of a county or municipality notifies the Department of Administration within five business days that it objects to the proceedings.

Elk Knob State Natural Area and Beech Creek Bog State Natural Area. - Session Laws 2002-89, ss. 1 and 2, effective August 22, 2002, authorize the Department of Environment and Natural Resources to add Elk Knob State Natural Area and Beech Creek Bog State Natural Area to the State Parks System as provided in G.S. 113-44.14(b).

Boone's Cave State Natural Area. - Session Laws 2002-149, s. 2, effective October 9, 2002, provides: "Boone's Cave State Natural Area is deleted from the State Parks System pursuant to G.S. 113-44.14. The State may transfer this property to Davidson County for management as a park. The instrument transferring this property shall provide that the State retains a possibility of reverter and shall provide that, in the event that Davidson County ceases to manage the property as a park, the property shall revert to the State. The State may not otherwise sell or exchange the property."

Mayo River State Park. - Session Laws 2003-106, s. 1, effective May 31, 2003, authorizes the Department of Environment and Natural Resources to add Mayo River State Park to the State Parks System as provided by G.S. 113-44.14(b).

Haw River State Park. - Session Laws 2003-108, s. 1, effective May 31, 2003, authorizes the Department of Environment and Natural Resources to add Haw River State Park to the State Parks System as provided by G.S. 113-44.14(b).

Crowders Mountain State Park, South Mountains State Park, Eno River State Park, and Waynesborough State Park. - Session Laws 2003-234, provides in its preamble: "Whereas, Section 5 of Article XIV of the Constitution of North Carolina authorizes the dedication of State and local government properties as part of the State Nature and Historic Preserve upon acceptance by a law enacted by a three-fifths vote of the members of each house of the General Assembly and provides for removal of properties from the State Nature and Historic Preserve by a law enacted by a three-fifths vote of the members of each house of the General Assembly; and

"Whereas, the General Assembly enacted the State Nature and Historic Preserve Dedication Act, Chapter 443 of the 1973 Session Laws, to prescribe the conditions and procedures under which properties may be specifically dedicated for the purposes set out in Section 5 of Article XIV of the Constitution of North Carolina; and

"Whereas, over 6,700 acres have been added to the State Parks System since the last dedication and acceptance of properties as part of the State Nature and Historic Preserve pursuant to a petition of the Council of State dated 3 April 2001, and

"Whereas, in accordance with G.S. 143-260.8, on 6 May 2003 the Council of State voted to petition the General Assembly to enact a law pursuant to Section 5 of Article XIV of the Constitution of North Carolina to dedicate and accept properties added to the State Parks System and designated in the petition for inclusion as parts of the State Nature and Historic Preserve; and

"Whereas, as a part of its petition of 6 May 2003 the Council of State also requested the General Assembly to remove certain properties from the State Nature and Historic Preserve; and

"Whereas, G.S. 113-44.14 provides for additions to, and deletions from, the State Parks System upon authorization by the General Assembly; Now, therefore,"

Session Laws 2003-234, s. 2, provides: "The following tracts of land are removed from the State Nature and Historic Preserve pursuant to Section 5 of Article XIV of the Constitution of North Carolina:

"(1) The portion of that certain tract or parcel of land at Crowders Mountain State Park in Cleveland County, Number Four Township, described in Deed Book 1286, Page 85, and containing 1.64 acres as shown on the drawing prepared by the Division of Parks and Recreation entitled 'Property to be Excepted Crowders Mountain State Park' dated 14 April 2003 and filed in the State Property Office.

"(2) The portion of those certain tracts or parcels of land at South Mountains State Park in Burke County, Lower Creek Township, described in Deed Book 925, Page 1284, and Deed Book 870, Page 1729 required for the right-of-way and easements for the relocation of SR 1904 within the Park and shown on the drawing prepared by Suttles Surveying P.A. entitled "Survey of the Proposed Centerline of the New Road Alignment for the State of North Carolina" bearing the preparer's file name 12455D.dwg, dated 10 April 2003 and filed in the State Property Office.

"(3) The portion of that certain tract or parcel of land at South Mountains State Park in Burke County, Morganton Township, described in Deed Book 28, Page 607, Deed Book 28, Page 467, and Plat Book 3, Page 78, and containing 0.33 acres as shown on the drawing prepared by Hawkins Land Surveying entitled 'Subdivision for Trustees of Walker Top Baptist Church' dated 26 September 2001 and filed with the State Property Office.

"(4) The portion of that certain tract or parcel of land at Eno River State Park in Durham County, Durham Outside Township, described in Deed Book 435, Page 673, and Plat Book 87, Page 66, containing 11,000 square feet and being the portion of Lot No. 2 shown as the existing scenic easement hereby removed on the drawing prepared by Sear-Brown entitled 'Recombination Plat Eno Forest Subdivision' bearing the preparer's file name 00-208-07.dwg, and filed with State Property Office."

Session Laws 2003-234, s. 4, provides: "In accordance with G.S. 143-260.8(e), the Secretary of State is directed to forward a certified copy of this act to the register of deeds of each county in which any portion of the property dedicated and accepted or removed by this act as part of the State Nature and Historic Preserve is located."

Session Laws 2003-234, s. 5, effective June 19, 2003, provides that Waynesborough State Park is deleted from the State Parks System pursuant to G.S. 113-44.14.

Lower Haw River State Natural Area. - The preamble to Session Laws 2004-24, provides: "Whereas, Section 5 of Article XIV of the Constitution of North Carolina states that it shall be a proper function of the State of North Carolina to acquire and preserve park, recreational, and scenic areas, and in every other appropriate way to preserve as a part of the common heritage of this State, its open lands and places of beauty; and

"Whereas, the 1987 General Assembly enacted the State Parks Act, which declares that the State of North Carolina offers unique archaeological, geologic, biological, scenic, and recreational resources, and that these resources are part of the heritage of the people of the State, which should be preserved and managed by the people for their use and for the use of their visitors and descendants; and

"Whereas, the Lower Haw River in Chatham County is considered nationally significant for its biological resources, including several rare species and possesses biological, scenic, and recreational resources of statewide significance; and

"Whereas, the Division of Parks and Recreation of the Department of Environment and Natural Resources has identified the Lower Pee Dee, which includes Blewett Falls Lake, as the highest ranked candidate for establishment of a State Recreation Area; Now, therefore, The General Assembly of North Carolina enacts:"

Session Laws 2004-24, s. 1, provides: "The General Assembly authorizes the Department of Environment and Natural Resources to add the Lower Haw River State Natural Area to the State Parks System as provided by G.S. 113-44.14(b)."

Horne Creek Living Historical Farm State Historic Site; Removal of Certain Other Properties from State Nature and Historic Preserve. - Session Laws 2004-25 provides in its preamble: "Whereas, Section 5 of Article XIV of the Constitution of North Carolina authorizes the dedication of State and local government properties as part of the State Nature and Historic Preserve upon acceptance by a law enacted by a three-fifths vote of the members of each house of the General Assembly and provides for removal of properties from the State Nature and Historic Preserve by a law enacted by a three-fifths vote of the members of each house of the General Assembly; and

"Whereas, the General Assembly enacted the State Nature and Historic Preserve Dedication Act, Chapter 443 of the 1973 Session Laws, to prescribe the conditions and procedures under which properties may be specifically dedicated for the purposes set out in Section 5 of Article XIV of the Constitution of North Carolina; and

"Whereas, G.S. 113-44.14 provides for additions to, and deletions from, the State Parks System upon authorization by the General Assembly; Now, therefore,

"The General Assembly of North Carolina enacts:"

Session Laws 2004-25, s. 1, provides: "The following tracts of land are removed from the State Nature and Historic Preserve pursuant to Section 5 of Article XIV of the Constitution of North Carolina: The portion of that certain tract or parcel of land at Hemlock Bluffs State Natural Area in Wake County, Swift Creek Township, described in Deed Book 2461, Page 037, containing 2,025 square feet and being the portion of this tract shown as proposed R/W on the drawing prepared by Titan Atlantic Group entitled 'Right of Way Acquisition Map for Town of Cary Widening of Kildaire Farm Road (SR 1300) from Autumgate Drive to Palace Green' sheet 1 of 3 bearing the preparer's file name Town of Cary Case File No. TOC 01-37, dated 26 September 2003, and filed with the State Property Office; and the portion of those certain tracts or parcels of land at Hemlock Bluffs State Natural Area in Wake County, Swift Creek Township, described in Deed Book 4670, Page 420, containing 24,092 square feet and being the portion of these tracts shown as proposed R/W on the drawing prepared by Titan Atlantic Group entitled 'Right of Way Acquisition Map for Town of Cary Widening of Kildaire Farm Road (SR 1300) from Autumgate Drive to Palace Green' sheet 3 of 3 bearing the preparer's file name Town of Cary Case File No. TOC 01-37, dated 26 September 2003, and filed with the State Property Office."

Session Laws 2004-25, s. 3, provides: "The following tract is removed from the State Parks System pursuant to G.S. 113-44.14: The portion of that certain tract or parcel of land at Pilot Mountain State Park in Surry County, Shoals Township, described in Plat Book 21, Page 76, containing 104.280 acres, and shown as the 'Horne Creek Living Historical Park' on the drawing prepared by Joe L. Cooke, bearing the preparer's file name Dwg. 3/331, dated 23 March 2004, and filed with the State Property Office. This property may be reallocated to the Department of Cultural Resources for its use of the property as the Horne Creek Living Historical Farm State Historic Site. This property will remain in the State Nature and Historic Preserve."

Carvers Creek State Park and Park Site in Hickory Nut Gorge/Chimney Rock Area. - Session Laws 2005-26 provides in its preamble: "Whereas, Section 5 of Article XIV of the North Carolina Constitution states that it shall be a proper function of the State of North Carolina to acquire and preserve park, recreational, and scenic areas and, in every other appropriate way, to preserve as a part of the common heritage of this State its open lands and places of beauty; and

"Whereas, the General Assembly enacted the State Parks Act in 1987, declaring that the State of North Carolina offers unique archaeological, geological, biological, scenic, and recreational resources, and that such resources are part of the heritage of the people of the State to be preserved and managed by those people for their use and for the use of their visitors and descendants; and

"Whereas, Carvers Creek and surrounding lands in Cumberland County represents an excellent example of the natural features of the Sandhills Region of North Carolina, with rolling hills, ravines, and narrow stream bottoms; and

"Whereas, the Carvers Creek site includes endangered red-cockaded woodpeckers, rare plants, high quality longleaf pine forests, wetlands, and other natural communities characteristic of the Sandhills; and

"Whereas, the Carvers Creek site has been found to possess biological, scenic, and recreational resources of statewide significance; and

"Whereas, the Hickory Nut Gorge/Chimney Rock area in and near western Rutherford County contains spectacular cliffs, rugged mountains, fissure caves, waterfalls, and unusually rich soils that support at least 36 rare plant species and 14 rare animals; and

"Whereas, the Hickory Nut Gorge/Chimney Rock area is one of the major centers of biodiversity in North Carolina, and is also of great geological interest; and

"Whereas, the Hickory Nut Gorge/Chimney Rock area has been found to possess biological, geological, scenic, and recreational resources of statewide significance; Now, therefore,"

Session Laws 2005-26, s. 1, provides: "The General Assembly authorizes the Department of Environment and Natural Resources to add Carvers Creek State Park to the State Parks System as provided in G.S. 113-44.14(b)."

Session Laws 2005-26, s. 2, provides: "The General Assembly authorizes the Department of Environment and Natural Resources to add a State Park unit located in the Hickory Nut Gorge/Chimney Rock area to the State Parks System as provided in G.S. 113-44.14(b)."

Mountain Bog State Natural Area and Sandy Run Savannas State Natural Area. - Session Laws 2006-138 provides in the preamble:

"Whereas, Section 5 of Article XIV of the North Carolina Constitution states that it shall be a proper function of the State of North Carolina to acquire and preserve park, recreational, and scenic areas and, in every other appropriate way, to preserve as a part of the common heritage of this State its open lands and places of beauty; and

"Whereas, the General Assembly enacted the State Parks Act in 1987, declaring that the State of North Carolina offers unique archaeological, geological, biological, scenic, and recreational resources, and that such resources are part of the heritage of the people of the State to be preserved and managed by those people for their use and for the use of their visitors and descendants; and

"Whereas, mountain bogs are wetlands that support a variety of rare and unique species. Because of their location on small flat sites in the mountains, bogs are highly vulnerable to damage from clearing, grading, and development. Very few of North Carolina's mountain bogs remain intact, and they are one of the State's most endangered habitats; and

"Whereas, Mountain Bog State Natural Area would be comprised of two mountain bogs, Sugar Mountain Bog and Pineola Bog; and

"Whereas, rare species found at one or both of the bogs include the bog turtle, bog rose, bog fern, cranberry, gray's lily, large purple-fringed orchid, purple-leaf willowherb, four-toed salamander, and Baltimore checkerspot; and

"Whereas, the Mountain Bog site has been found to possess biological resources of statewide significance; and

"Whereas, savannas are renowned for extraordinary plant diversity and high numbers of rare species. Savannas are an important component of the State's natural landscape, but are poorly represented in the existing State Parks System; and

"Whereas, the Sandy Run Savannas State Natural Area would be comprised of a cluster of nationally significant savannas along the border of Pender and Onslow Counties; and

"Whereas, the Sandy Run Savannas site is important as a military buffer and is strategically located as a hub surrounded by Camp Lejeune, Holly Shelter Game Land, and Angola Bay Game Land; and

"Whereas, the Sandy Run Savannas site contains rare species that include Venus flytrap, golden sedge, red-cockaded woodpecker, Cooley's meadowrue, yellow fringeless orchid, Carolina goldenrod, and rough-leaf loosestrife; and

"Whereas, the Sandy Run Savannas site has been found to possess biological resources of statewide significance; and Whereas, Cabin Lake possesses significant scenic and recreational resources; Now, therefore,"

Session Laws 2006-138, ss. 1 and 2, effective July 19, 2006, authorize the Department of Environment and Natural Resources to add Mountain Bog State Natural Area and Sandy Run Savannas State Natural Area to the State Parks System as provided in G.S. 113-44.14(b).

Session Laws 2006-138, s. 3, effective July 19, 2006, provides: "The Division of Parks and Recreation of the Department of Environment and Natural Resources shall study the feasibility and the desirability of acquiring land and establishing a State Park at Cabin Lake. The study shall include estimates of the cost of developing the proposed park. The Division shall report its findings and recommendations, including any legislative proposals, to the Environmental Review Commission on or before 15 January 2007."

Deep River State Trail. - Session Laws 2007-323, s. 12.9, provides: "The Department of Environment and Natural Resources, Division of Parks and Recreation, shall study the advisability of the General Assembly authorizing the addition of the Deep River State Trail to the State Parks System, as provided in G.S. 113-44-14. In the course of the study, the Division shall consider the cost over the next five years of land acquisition, park development, and park operations. The Department shall report the results of this study to the Joint Legislative Commission on Governmental Operations by March 1, 2008."

Session Laws 2007-437, s. 1(a), provides: "The General Assembly authorizes the Department of Environment and Natural Resources to add Deep River State Trail to the State Parks System as provided in G.S. 113-44.14(b). The Department may acquire and manage lands and easements for this purpose, and shall promote, encourage, and facilitate the establishment of connecting trail segments by other federal, State, local, and private landowners. On segments of the Deep River State Trail that cross property controlled by agencies or owners other than the Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners shall govern the use of the property."

Bear Paw State Natural Area and Yellow Mountain State Natural Area. - The preamble and ss. 1 and 2 of Session Laws 2008-155, provide: "Whereas, Section 5 of Article XIV of the North Carolina Constitution states that it shall be a proper function of the State of North Carolina to acquire and preserve park, recreational, and scenic areas and, in every other appropriate way, to preserve as a part of the common heritage of this State its open lands and places of beauty; and

"Whereas, the General Assembly enacted the State Parks Act in 1987, declaring that the State of North Carolina offers unique archaeological, geological, biological, scenic, and recreational resources, and that such resources are part of the heritage of the people of the State to be preserved and managed by those people for their use and for the use of their visitors and descendants; and

"Whereas, an area on the Avery and Watauga County line, including Hanging Rock Ridge and the headwaters of Dutch Creek, is known to be nationally significant for its excellent examples of the rare High Elevation Rocky Summit community type and other exemplary natural communities; and

"Whereas, rare species found at the site include Heller's blazing star, Blue Ridge goldenrod, spreading avens, American speedwell, wretched sedge, Roan rattlesnakeroot, and golden tundra-moss; and

"Whereas, this site was known by the Cherokee as Yonah-wayah, or Bear's Paw; and

"Whereas, the Bear Paw State Natural Area has been found to possess biological resources of statewide significance; and

"Whereas, the area known as Yellow Mountain in Avery and Mitchell Counties near the Roan Mountain massif is known to be nationally significant for its Grassy Bald and Heath Bald natural community types, as well as its assemblage of other outstanding high elevation natural communities; and

"Whereas, the site supports dozens of rare plant and animal species, including the northern flying squirrel, the spruce-fir moss spider, Gray's lily, Roan Mountain bluet, and the rock gnome lichen; and

"Whereas, the Yellow Mountain State Natural Area has been found to possess biological resources of statewide significance; and

"Whereas, both of these natural areas are valuable for scientific research and education, and as examples of the diverse natural resources of North Carolina; Now, therefore,

"The General Assembly of North Carolina enacts:

"SECTION 1. The General Assembly authorizes the Department of Environment and Natural Resources to add Bear Paw State Natural Area to the State Parks System as provided in G.S. 113-44.14(b).

"SECTION 2. The General Assembly authorizes the Department of Environment and Natural Resources to add Yellow Mountain State Natural Area to the State Parks System as provided in G.S. 113-44.14(b)."

Grandfather Mountain. - The preamble and ss. 1 and 2 of Session Laws 2009-12, provide: "Whereas, Section 5 of Article XIV of the North Carolina Constitution states that it shall be a proper function of the State of North Carolina to acquire and preserve park, recreational, and scenic areas and, in every other appropriate way, to preserve as a part of the common heritage of this State its open lands and places of beauty; and

"Whereas, the General Assembly enacted the State Parks Act in 1987, declaring that the State of North Carolina offers unique archaeological, geological, biological, scenic, and recreational resources, and that such resources are part of the heritage of the people of the State to be preserved and managed by those people for their use and for the use of their visitors and descendants; and

"Whereas, Grandfather Mountain in Watauga, Avery, and Caldwell Counties is known to be nationally significant for its excellent examples of many rare high elevation natural communities and an exemplary assemblage of rare plant and animal species; and

"Whereas, Grandfather Mountain is an internationally recognized terrestrial ecosystem and is therefore designated as a Biosphere Reserve by the United Nations Educational, Scientific and Cultural Organization's Programme on Man and the Biosphere; and

"Whereas, Grandfather Mountain is one of the most biologically diverse and significant sites in the Southern Appalachian region; and

"Whereas, rare species found at Grandfather Mountain include Spreading avens, Roan Mountain bluet, Heller's blazing star, Blue Ridge goldenrod, Virginia big-eared bat, Carolina northern flying squirrel, the Spruce-fir moss spider, and many others; and

"Whereas, Grandfather Mountain is also one of North Carolina's most important scenic landmarks and offers outstanding opportunities for wilderness recreation; and

"Whereas, Grandfather Mountain has been found to possess geological, biological, and scenic resources of statewide significance; and

"Whereas, the Council of State approved the purchase of Grandfather Mountain, to be operated as a State Park, and the Joint Legislative Commission on Governmental Operations approved the report of the State Property Office regarding acquisition of Grandfather Mountain by the State; and

"Whereas, the proposal is for the acquisition of Grandfather Mountain to be funded through the Natural Heritage Trust Fund and the Parks and Recreation Trust Fund; Now, therefore,

"SECTION 1. The General Assembly authorizes the Department of Environment and Natural Resources to add Grandfather Mountain to the State Parks System as provided in G.S. 113-44.14(b).

"SECTION 2. The State shall purchase Grandfather Mountain with existing funds in the Natural Heritage Trust Fund and the Parks and Recreation Trust Fund, as previously approved by the Council of State and the Joint Legislative Commission on Governmental Operations. During the 2009-2011 fiscal biennium, the Department of Environment and Natural Resources shall, with funds available, operate Grandfather Mountain State Park."

Oregon Inlet State Park and Outer Banks Transportation Corridor. - Session Laws 2014-100, s. 14.7(a)-(h), authorizes the initiation of negotiations by the Department of Administration with the appropriate federal authority for the acquisition of certain federally owned property for the creation of Oregon Inlet State Park. If the subject real property is acquired by the State, then, together with any other real property owned by the State within the subject area, the Department of Environment and Natural Resources is authorized to add Oregon Inlet State Park to the State Parks System. The provisions of Session Laws 2014-100, s. 14.7(a)-(h), further provides for the condemnation authority necessary to manage existing and future transportation corridors on the Outer Banks, and for the identification of federally owned property necessary to construct or manage existing and future transportation corridors on the Outer Banks.

Camp Sertoma Tracts. - Session Laws 2016-100, s. 11(b), provides: "Pursuant to G.S. 143B-135.54, the General Assembly authorizes the deletion of the following property from the State Parks System:

"The portion of that certain tract or parcel of property at Hanging Rock State Park in Stokes County, described in Deed Book 267, Page 159, and containing approximately 1.5 acres as shown in a survey by C.E. Robertson & Associates, P.C. entitled Plat of Survey for North Carolina Division of Parks and Recreation showing 'Camp Sertoma Tracts,' Sheet 7 of 7, and dated June 18, 2015, and revised April 6, 2016; and the portion shown as Deed Overlap in a survey by C.E. Robertson & Associates, P.C. entitled Plat of Survey for North Carolina Division of Parks and Recreation showing 'Camp Sertoma Tracts,' Sheet 2 of 7, and dated June 18, 2015; and the portion of that certain tract or parcel of property in Stokes County described in Deed Book 368, Page 415, and containing approximately 1.058 acres shown as Deed Overlap in a survey by C.E. Robertson& Associates, P.C. entitled Plat of Survey for North Carolina Division of Parks and Recreation showing 'Camp Sertoma Tracts,' Sheet 5 of 7, and dated June 18, 2015. The State may only exchange this property for other property for the expansion of Hanging Rock State Park or sell this land and use the proceeds for that purpose. The State shall not otherwise sell or exchange this land."

Hickory Nut Gorge Trail - Session Laws 2017-57, s. 14.15, provides: "The General Assembly authorizes the Department of Natural and Cultural Resources to add the Hickory Nut Gorge trail to the State Parks System as a State trail, as provided in G.S. 143B-135.54(b). The Department shall support, promote, encourage, and facilitate the establishment of trail segments on State park lands and on lands of other federal, State, local, and private landowners. On segments of the Hickory Nut Gorge trail that cross property controlled by agencies or owners other than the Department's Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners shall govern the use of the property. The requirement of G.S. 143B-135.54(b) that additions be accompanied by adequate appropriations for land acquisition, development, and operations shall not apply to the authorization set forth in this section. For purposes of this section, the 'Hickory Nut Gorge trail' refers to the trail through the Hickory Nut Gorge located within Henderson, Rutherford, and Buncombe counties, and encompasses current and future permanently publicly accessible recreational trails inside, or within five miles of, the physical boundaries of the Hickory Nut Gorge, Lake Lure, Broad River, or Chimney Rock State Park."

Bob's Creek, Warwick Mill Bay, and Salmon Creek State Natural Areas. - Session Laws 2017-177 provides in its preamble: "Whereas, Section 5 of Article XIV of the North Carolina Constitution states that it shall be a proper function of the State of North Carolina to acquire and preserve park, recreational, and scenic areas and, in every other appropriate way, to preserve as a part of the common heritage of this State its open lands and places of beauty; and

"Whereas, the General Assembly enacted the State Parks Act in 1987, declaring that the State of North Carolina offers unique archaeological, geological, biological, scenic, and recreational resources, and that such resources are part of the heritage of the people of the State to be preserved and managed by those people for their use and for the use of their visitors and descendants; and

"Whereas, the Bob's Creek area in McDowell County is significant for its scenic beauty, high-quality natural communities, rare and unusual natural features, and opportunities for natural resource preservation, outdoor recreation, and regional trail connections; and

"Whereas, Warwick Mill Bay in Robeson County is a large Carolina Bay with one of the State's largest inland heronries, providing habitat for herons, egrets, moorhens, anhingas, ibises, wood storks, alligators, and many other species of wildlife and plants, and preservation of Warwick Mill Bay would protect an important ecological and scientific resource for future North Carolinians; and

"Whereas, the Salmon Creek area in Bertie County is ecologically significant for its high-quality natural communities and also contains important prehistoric and historic archaeological sites offering opportunities for important archaeological discoveries, including an Indian occupation site containing evidence of late 16th or early 17th century English presence; Now, therefore,"

Session Laws 2017-177, ss. 1-3, provide: "1. The General Assembly authorizes the Department of Natural and Cultural Resources to add Bob's Creek State Natural Area, Warwick Mill Bay State Natural Area, and Salmon Creek State Natural Area to the State Parks System as provided in G.S. 143B-135.54(b).

"2. The State may receive donations of appropriate land and may purchase other needed lands for Bob's Creek State Natural Area, Warwick Mill Bay State Natural Area, and Salmon Creek State Natural Area with existing funds in the Clean Water Management Trust Fund, the Parks and Recreation Trust Fund, the federal Land and Water Trust Fund, and other available sources of funding.

"3. The Division of Parks and Recreation of the Department of Natural and Cultural Resources shall study the feasibility and the desirability of acquiring land and establishing a State Park on the Black River. The study shall include public input and shall estimate the cost of developing the proposed park. In addition, the study shall include an assessment of actions the State can take to improve the navigability of the Black River. The Division shall report its findings and recommendations, including any legislative proposals, to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources on or before March 1, 2018."

Northern Peaks State Trail. - Session Laws 2019-74, s. 1, provides: "The General Assembly authorizes the Department of Natural and Cultural Resources to add the Northern Peaks State Trail to the State Parks System as a State trail, as provided in G.S. 143B-135.54(b). The Department shall support, promote, encourage, and facilitate the establishment of trail segments on State park lands and on lands of other federal, State, local, and private landowners. On segments of the Northern Peaks State Trail that cross property controlled by agencies or owners other than the Department's Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners shall govern the use of the property. The requirement of G.S. 143B-135.54(b) that additions be accompanied by adequate appropriations for land acquisition, development, and operations shall not apply to the authorization set forth in this act; provided, however, that the State may receive donations of appropriate land and may purchase other needed lands for the Northern Peaks State Trail with existing funds in the Clean Water Management Trust Fund, the Parks and Recreation Trust Fund, the federal Land and Water Conservation Fund, and other available sources of funding. For purposes of this act, the 'Northern Peaks State Trail' refers to the proposed trail connecting Rivers Park in downtown Boone in Watauga County to the Mount Jefferson State Natural Area in Ashe County."

Pisgah View State Park. - The preamble to Session Laws 2019-138, provides:

"Whereas, Section 5 of Article XIV of the North Carolina Constitution states that it shall be a proper function of the State of North Carolina to acquire and preserve park, recreational, and scenic areas and, in every other appropriate way, to preserve as a part of the common heritage of this State its open lands and places of beauty; and

"Whereas, the General Assembly enacted the State Parks Act in 1987, declaring that the State of North Carolina offers unique archaeological, geological, biological, scenic, and recreational resources, and that such resources are part of the heritage of the people of the State to be preserved and managed by those people for their use and for the use of their visitors and descendants; and

"Whereas, areas within southwest Buncombe County and Haywood County support a number of unique habitats and natural communities, contain high-quality cliffs, coves, and upland forests, and are home to several rare or uncommon plant and animal species; and

"Whereas, this region possesses biological, geological, scenic, and recreational resources of statewide significance; Now, therefore,"

Session Laws 2019-138, ss. 1, 2, provides: "Section 1. The General Assembly authorizes the Department of Natural and Cultural Resources to add Pisgah View State Park in Buncombe and Haywood Counties to the State Parks System as provided in G.S. 143B-135.54(b).

"Section 2. The State may receive donations of appropriate land and may purchase other needed lands for Pisgah View State Park with existing funds in the Clean Water Management Trust Fund, the Parks and Recreation Trust Fund, the federal Land and Water Trust Fund, and other available sources of funding."

Editor's Note. - Former G.S. 113-44.14 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.54.

Session Laws 1999-459, s. 4, is a severability clause.

Session Laws 2007-323, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2007'."

Session Laws 2007-323, s. 32.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2007-2009 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2007-2009 fiscal biennium."

Session Laws 2007-323, s. 32.5, is a severability clause.

Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'"

Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year."

Session Laws 2014-100, s. 38.7, is a severability clause.

Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'"

Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium."

Session Laws 2017-57, s. 39.6, is a severability clause.

Session Laws 2019-20, s. 1(a), (b), provides: "(a) The General Assembly finds that the routes used by the patriot militias of North Carolina, South Carolina, Virginia, and the areas west of the Blue Ridge Mountains that later became the State of Tennessee in the military campaigns of the Revolutionary War leading to the Battle of Kings Mountain in 1780 are a vital part of the history and heritage of the State as well as the entire United States. The General Assembly also finds that this vital role is demonstrated by the creation of the Overmountain Victory National Historic Trail in 1980 by the federal government. The General Assembly further finds that the contributions of a significant existing network of federal, State, local, and private partners over the last four decades in the identification, preservation, and education of the public about the Overmountain Victory National Historic Trail have provided the State with a historical and recreational resource of statewide significance for historic reenactors, hikers, bikers, and other outdoor cultural and recreational activities, and that including such a trail in the State Trails System as a State trail would be beneficial to the people of North Carolina and further the development of North Carolina as 'The Great Trails State.'

"(b) The General Assembly authorizes the Department of Natural and Cultural Resources to add the route identified by the National Park Service as the Overmountain Victory National Historic Trail in the counties of Avery, Mitchell, McDowell, Burke, Rutherford, Polk, Caldwell, Wilkes, and Surry to the State Parks System as a State trail, as provided in G.S. 143B-135.54(b). Subject to the provisions of 16 U.S.C. § 1246, the Department shall support, promote, encourage, and facilitate the establishment of trail segments on State parklands and on lands of other federal, State, local, and private landowners. On segments of the Overmountain Victory State Trail that cross property controlled by agencies or owners other than the Department's Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners shall govern the use of the property. The requirement of G.S. 143B-135.54(b) that additions be accompanied by adequate appropriations for land acquisition, development, and operations shall not apply to the authorization set forth in this section; provided, however, that the State may receive donations of appropriate land and may purchase other needed lands for the Overmountain Victory State Trail with existing funds in the Clean Water Management Trust Fund, the Parks and Recreation Trust Fund, the federal Land and Water Conservation Fund, and other available sources of funding."

Session Laws 2019-20, s. 2(a), provides: "The General Assembly authorizes the Department of Natural and Cultural Resources to add the Wilderness Gateway Trail to the State Parks System as a State trail, as provided in G.S. 143B-135.54(b). The Department shall support, promote, encourage, and facilitate the establishment of trail segments on State parklands and on lands of other federal, State, local, and private landowners. On segments of the Wilderness Gateway State Trail that cross property controlled by agencies or owners other than the Department's Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners shall govern the use of the property. The requirement of G.S. 143B-135.54(b) that additions be accompanied by adequate appropriations for land acquisition, development, and operations shall not apply to the authorization set forth in this section; provided, however, that the State may receive donations of appropriate land and may purchase other needed lands for the Wilderness Gateway State Trail with existing funds in the Clean Water Management Trust Fund, the Parks and Recreation Trust Fund, the federal Land and Water Conservation Fund, and other available sources of funding."

Session Laws 2021-54, s. 1, provides: "The General Assembly finds that a multiuse trail across Central and Eastern North Carolina would provide a multitude of economic, recreational, health, environmental, community, and transportation benefits. The General Assembly further finds that federal, State, local, and private partners have expressed substantial interest in completing such a trail, that such a trail would be a recreational resource of statewide significance, and that including such a trail in the State Parks System as a State Trail would be beneficial to the people of North Carolina and further the development of North Carolina as 'The Great Trails State.' "

Session Laws 2021-54, s. 2, provides: "The General Assembly authorizes the Department of Natural and Cultural Resources to add the portion of the East Coast Greenway traversing North Carolina to the State Parks System as the 'East Coast Greenway State Trail,' as provided in G.S. 143B-135.54(b). The Department shall support, promote, encourage, and facilitate the establishment of trail segments on State park lands and on lands of other federal, State, local, and private landowners. On segments of the East Coast Greenway that cross property controlled by agencies or owners other than the Department's Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners shall govern the use of the property. The requirement of G.S. 143B-135.54(b) that additions be accompanied by adequate appropriations for land acquisition, development, and operations shall not apply to the authorization set forth in this act; provided, however, that the State may receive donations of appropriate land and may purchase other needed lands for the East Coast Greenway with existing funds in the Land and Water Fund, the Parks and Recreation Trust Fund, the federal Land and Water Conservation Fund, and other available sources of funding."

Session Laws 2021-55, s. 1, provides: "The General Assembly authorizes the Department of Natural and Cultural Resources to add the Dan River Trail in Stokes and Rockingham Counties to the State Parks System as a State trail, as provided in G.S. 143B-135.54(b). The Department shall support, promote, encourage, and facilitate the establishment of trail segments on State park lands and on lands of other federal, State, local, and private landowners. On segments of the Dan River State Trail that cross property controlled by agencies or owners other than the Department's Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners shall govern the use of the property. The requirement of G.S. 143B-135.54(b) that additions be accompanied by adequate appropriations for land acquisition, development, and operations shall not apply to the authorization set forth in this section; provided, however, that the State may receive donations of appropriate land and may purchase other needed lands for the Dan River State Trail with existing funds in the Land and Water Fund, the Parks and Recreation Trust Fund, the federal Land and Water Conservation Fund, and other available sources of funding."

Effect of Amendments. - Session Laws 2015-241, s. 14.30( l ), effective July 1, 2015, in the first sentence of subsection (a), substituted "G.S. 143B-135.50" for "G.S. 113-44.12" and substituted "Part" for "Article."

§ 143B-135.56. Parks and Recreation Trust Fund.

1. Fund Created. - There is established a Parks and Recreation Trust Fund in the State Treasurer's Office. The Trust Fund shall be a special revenue fund consisting of donations, gifts, and devises to the Trust Fund and other monies appropriated to the Trust Fund by the General Assembly.
2. Use. -  Funds in the Trust Fund are annually appropriated to the North Carolina Parks and Recreation Authority and, unless otherwise specified by the General Assembly or the terms or conditions of a gift or grant, shall be allocated and used as follows:
   1. Sixty-five percent (65%) for the State Parks System or a State recreational forest for capital projects, repairs and renovations of park facilities, and land acquisition.
   2. Thirty percent (30%) to provide matching funds to local governmental units or public authorities as defined in G.S. 159-7 on a dollar-for-dollar basis for local park and recreation purposes. The appraised value of land that is donated to a local government unit or public authority may be applied to the matching requirement of this subdivision. These funds shall be allocated by the North Carolina Parks and Recreation Authority based on criteria patterned after the Open Project Selection Process established for the Land and Water Conservation Fund administered by the National Park Service of the United States Department of the Interior.
   3. Five percent (5%) for the Coastal and Estuarine Water Beach Access Program.
3. Geographic Distribution. - In allocating funds in the Trust Fund under this section, the North Carolina Parks and Recreation Authority shall make geographic distribution across the State to the extent practicable.
4. Administrative Expenses. - Of the funds appropriated to the North Carolina Parks and Recreation Authority from the Trust Fund each year, no more than three percent (3%) may be used by the Department for operating expenses associated with managing capital improvements projects, acquiring land, and administration of local grants programs.
5. Operating Expenses for State Parks System Allocations. - In allocating funds in the Trust Fund under subdivision (1) of subsection (b) of this section, the North Carolina Parks and Recreation Authority shall consider the operating expenses associated with each capital project, repair and renovation project, and each land acquisition. In considering the operating expenses, the North Carolina Parks and Recreation Authority shall determine both:
   1. The minimal anticipated operating expenses, which are determined by the minimum staff and other operating expenses needed to maintain the project.
   2. The optimal anticipated operating budget, which is determined by the level of staff and other operating expenses required to achieve a more satisfactory level of operation under the project.
6. Reports. - The North Carolina Parks and Recreation Authority shall report no later than October 1 of each year to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the Fiscal Research Division, and the Environmental Review Commission on allocations from the Trust Fund from the prior fiscal year. For funds allocated from the Trust Fund under subsection (c) of this section, this report shall include the operating expenses determined under subdivisions (1) and (2) of subsection (e) of this section.
7. Debt. - The Authority may allocate up to fifty percent (50%) of the portion of the annual appropriation identified in subdivision (b)(1) of this section to reimburse the General Fund for debt service on special indebtedness to be issued or incurred under Article 9 of Chapter 142 of the General Statutes for the purposes provided in subdivision (b)(1) of this section and for waterfront access. In order to allocate funds for debt service reimbursement, the Authority must identify to the State Treasurer the specific parks projects for which it would like special indebtedness to be issued or incurred and the annual amount it intends to make available, and request the State Treasurer to issue or incur the indebtedness. After special indebtedness has been issued or incurred for a parks project requested by the Authority, the Authority must credit to the General Fund each year the actual aggregate principal and interest payments to be made in that year on the special indebtedness, as identified by the State Treasurer.

History

(1993 (Reg. Sess., 1994), c. 772, s. 1; 1995, c. 456, s. 2; 1995 (Reg. Sess., 1996), c. 646, s. 20; 1998-212, ss. 14.6(a), 14.7; 2001-114, s. 1; 2001-487, s. 73; 2004-179, s. 2.4; 2007-323, ss. 12.8, 29.14(f); 2009-484, s. 13; 2010-31, s. 13.11; 2013-360, s. 14.4(b); 2013-363, s. 5.8; 2014-100, s. 14.21(d); 2015-241, s. 14.30(e), ( l ); 2016-94, s. 16.7; 2017-10, s. 4.23; 2017-57, s. 14.3(g).)

Waterfront Development Initiative. - Session Laws 2007-323, s. 29.14(a)-(e), provides: "(a) Authorization. - In accordance with G.S. 142-83, this part authorizes the issuance or incurrence of special indebtedness in the maximum principal amount of one hundred twenty million dollars ($120,000,000) to be used as provided in this section to finance the cost of land acquisitions, waterfront properties, and the development of facilities for the purposes of providing and improving public and commercial waterfront access. Special indebtedness authorized by this section shall be issued or incurred only in accordance with Article 9 of Chapter 142 of the General Statutes.

"(b) Maximum Amount. - Of the special indebtedness authorized by this section, no more than the applicable maximum principal amount listed in this subsection may be issued for each stated purpose:

"(1) State Park Land Acquisition. - A maximum amount of fifty million dollars ($50,000,000) to be used to finance the cost of land acquisitions for the expansion of the State Park System and Mountains to Sea Trail.

"(2) Natural Heritage Land Acquisition. - A maximum amount of fifty million dollars ($50,000,000) to be used to finance the cost of land acquisitions to conserve ecological diversity of the State pursuant to G.S. 113-77.9 (now repealed).

"(3) Waterfront Access and Marine Industry Fund. - A maximum of twenty million dollars ($20,000,000) to be used to acquire waterfront properties or develop facilities for the purposes of providing public and commercial waterfront access and improving and developing the same.

"(c) State Park Land Acquisition. - The specific land acquisitions for which the special indebtedness for State Park Land Acquisition may be used are to be identified by the North Carolina Parks and Recreation Authority for the purpose of expanding the State Park System and Mountains to Sea Trail pursuant to G.S. 113-44.15, notwithstanding subsection (b) of that section. Land acquisitions shall support the conservation priorities set out by the One North Carolina Naturally Program.

"(d) Natural Heritage Land Acquisition. - The specific land acquisitions for which the special indebtedness for Natural Heritage Land Acquisition may be used are to be identified by the Trustees of the Natural Heritage Trust Fund as provided in G.S. 113-77.9 (now repealed). Land acquisitions shall represent the ecological diversity of the State and support the conservation priorities set out by the One North Carolina Naturally Program.

"(e) Waterfront Access and Marine Industry Fund. - The Director of the Division of Marine Fisheries shall establish a program by which the special indebtedness for Waterfront Access and the Marine Industry Fund may be used. The Director may consult with representatives of the commercial fishing industry and other marine industries and with State, local, or nonprofit agencies that have expertise in waterfront access issues and property acquisitions. The Director may establish a committee to review potential property acquisitions and capital and infrastructure improvements.

"Prior to the expenditure of any funds, the Division shall report to the Joint Legislative Committee on Seafood and Aquaculture. The Division also shall report to the Joint Legislative Committee on Seafood and Aquaculture on the use of these funds on a quarterly basis until the funding expires."

Coastal and Estuarine Water Beach Access Fund. - Session Laws 2014-100, s. 14.4(a), (b), provides: "(a) Funds transferred from the Parks and Recreation Trust Fund to the Division of Coastal Management pursuant to G.S. 113-44.15(b)(3) for the Coastal and Estuarine Water Beach Access Program shall be deposited in a noninterest-bearing special fund to be titled Coastal and Estuarine Water Beach Access Fund. The Fund shall be a special revenue fund consisting of gifts and grants to the Fund and other monies appropriated to the Fund by the General Assembly.

"(b) Funds previously transferred from the Parks and Recreation Trust Fund to the Division of Coastal Management for the Coastal and Estuarine Water Beach Access Program that were deposited in capital funds shall be transferred to the Coastal and Estuarine Water Beach Access Fund established by subsection (a) of this section no later than September 30, 2014."

Editor's Note. - Former G.S. 113-44.15 was recodified as G.S. 143B-135.56 by Session Laws 2015-241, s. 14.30(e). Subsections were redesignated to eliminate compound designations, at the direction of the Revisor of Statutes.

Session Laws 2004-179, part 2, authorizes the issuance of special indebtedness to be used to finance park projects. Session Laws 2004-179, s. 2.2, provides: "Identification of Parks Projects. - The specific parks projects for which the special indebtedness may be used are to be identified by the North Carolina Parks and Recreation Authority as provided in G.S. 113-44.15, but are limited to the following projects:

"(1) Acquisition by conservation easement or fee simple up to 17,000 acres near North Carolina military bases in order to prevent encroachment by incompatible development.

"(2) Acquisition of up to 6,000 acres to expand an existing State park, provide gamelands to help protect North Carolina rivers, and provide two new State parks along North Carolina rivers; and capital improvements to an existing State park as part of its expansion."

Session Laws 2004-179, ss. 8.1 and 8.2, provide: "SECTION 8.1 It is the intent of the General Assembly that the proceeds of special indebtedness issued under parts 2 through 4 of this act shall be applied for the purposes provided in those parts, including the acquisition by conservation easement, or otherwise, of land near military bases to prevent encroachment. This acquisition shall be a high priority because of its vital importance to the State of North Carolina.

"SECTION 8.2 None of the proceeds of special indebtedness authorized by parts 2 through 4 of this act may be used to acquire any property by eminent domain."

Session Laws 2007-323, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2007'."

Session Laws 2007-323, s. 32.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2007-2009 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2007-2009 fiscal biennium."

Session Laws 2007-323, s. 32.5, is a severability clause.

Session Laws 2011-145, s. 2.2(h), provides: "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."

Session Laws 2011-145, s. 13.11C, provides: "(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.

"(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)."

Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'"

Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium."

Session Laws 2011-145, s. 32.5 is a severability clause.

Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'"

Session Laws 2013-360, s. 38.5 is a severability clause.

Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'"

Session Laws 2014-100, s. 38.7, is a severability clause.

Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.'"

Session Laws 2016-94, s. 39.7, is a severability clause.

Session Laws 2017-10, s. 5.1 , is a severability clause.

Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'"

Session Laws 2017-57, s. 39.6, is a severability clause.

Effect of Amendments. - Session Laws 2004-179, s. 2.4, effective August 5, 2004, added subheadings in each subsection; added "and to retire debt incurred for these purposes under Article 9 of Chapter 142 of the General Statutes" at the end of subdivision (b)(1); in subsection (b1), substituted "section" for "subsection," and substituted "make" for "consider"; and added subsection (d).

Session Laws 2007-323, ss. 12.8 and 29.14(f), effective July 1, 2007, added the last sentence in subsection (a) and added "and for waterfront access" at the end of the first sentence in subsection (d).

Session Laws 2009-484, s. 13, effective January 1, 2010, deleted the former last sentence of subsection (c) which read: "The Authority also shall provide a progress report no later than March 15 of each year to the same recipients on the activities of and the expenditures from the Trust Fund for the current fiscal year."

Session Laws 2010-31, s. 13.11, effective July 1, 2010, added subsection (b3); and added the last sentence in subsection (c).

Session Laws 2013-360, s. 14.4(b), effective July 1, 2013, in subsection (a), deleted "nonreverting" preceding "special revenue" and "monies credited to the Trust Fund pursuant to G.S. 105-228.30(b)" preceding "and other monies appropriated."

Session Laws 2013-363, s. 5.8, effective July 1, 2013, deleted "and to retire debt incurred for these purposes under Article 9 of Chapter 142 of the General Statutes" at the end of subdivision (b)(1).

Session Laws 2014-100, s. 14.21(d), effective July 1, 2014, deleted the former last sentence in subsection (a), which read: "Investment earnings credited to the assets of the Fund shall become part of the Fund."

Session Laws 2015-241, s. 14.30( l ), effective July 1, 2015, substituted "subsection (b1)" for "subdivision (b1)" in the second sentence of subsection (c).

Session Laws 2016-94, s. 16.7, effective July 1, 2016, inserted "or a State recreational forest" in subdivision (b)(1).

Session Laws 2017-10, s. 4.23, effective May 4, 2017, substituted "Oversight Committee on Agriculture and Natural and Economic Resources" for "Commission on Governmental Operations, the House and Senate Appropriations Subcommittees on Natural and Economic Resources" in the first sentence of subsection (f).

Session Laws 2017-57, s. 14.3(g), effective July 1, 2017, substituted "donations, gifts, and devises" for "gifts and grants" in subsection (a).

§ 143B-135.58. State Parks boat ramps.

Any park that includes an existing boat ramp suitable for launch of motorized watercraft shall ensure the ramp is accessible to the public during the park's regular operating hours.

History

(2017-57, s. 14.18.)

Editor's Note. - Session Laws 2017-57, s. 39.7, made this section effective July 1, 2017.

Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'"

Session Laws 2017-57, s. 39.6, is a severability clause.

PART 33. NORTH CAROLINA APPALACHIAN TRAILS SYSTEM ACT.

§ 143B-135.70. Short title.

This Part may be cited as the North Carolina Appalachian Trails System Act.

History

(1973, c. 545, s. 1; 2015-241, s. 14.30(f), (m).)

Editor's Note. - Former Article 5 of Chapter 113A (G.S. 113A-72 to GS. 113A-77) was recodified as Part 33 of Article 2 of Chapter 143B (143B-135.70 et seq.) by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015. Where appropriate, the historical citations to the sections in the former Article have been added to corresponding sections in the Part as rewritten and recodified.

Former G.S. 113A-72 was recodified as G.S. 143B-135.70 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted "Part" for "Article."

Legal Periodicals. - For article, "The Evolution of Modern North Carolina Environmental and Conservation Policy Legislation," see 29 Campbell L. Rev. 535 (2007).

§ 143B-135.72. Policy and purpose.

1. In order to provide for the ever-increasing outdoor recreation needs of an expanded population and in order to promote public access to, travel within, and enjoyment and appreciation of the open-air, outdoor areas of the State, the Appalachian Trail should be protected in North Carolina as a segment of the National Scenic Trails System.
2. The purpose of this Part is to provide the means for attaining these objectives by instituting a North Carolina Appalachian Trail System, designating the Appalachian Trail lying or located in the North Carolina Counties of Avery, Mitchell, Yancey, Madison, Haywood, Swain, Graham, Macon, and Clay, as defined in the Federal Register of the National Trails Act as the basic component of that System, and by prescribing the methods by which, and standards according to which, additional connecting trails may be added to the System.

History

(1973, c. 545, s. 2; 2015-241, s. 14.30(f), (m).)

Editor's Note. - Former G.S. 113A-73 was recodified as G.S. 143B-135.72 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted "Part" for "Article" in subsection (b).

§ 143B-135.74. Appalachian Trails System; connecting or side trails; coordination with the National Trails System Act.

Connecting or side trails may be established, designated and marked as components of the Appalachian Trail System by the Department of Natural and Cultural Resources in consultation with the federal agencies charged with the responsibility for the administration and management of the Appalachian Trail in North Carolina. Criteria and standards of establishment will coincide with those set forth in the National Trails System Act (PL 90-543).

History

(1973, c. 545, s. 3; 1977, c. 771, s. 4; 1989, c. 727, s. 218(61); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(f), (m).)

Editor's Note. - Former G.S. 113A-74 was recodified as G.S. 143B-135.74 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Environment and Natural Resources" in the first sentence.

§ 143B-135.76. Assistance under this Part with the National Trails System Act (PL 90-543).

1. The Department of Administration in cooperation with other appropriate State departments shall consult with the federal agencies charged with the administration of the Appalachian Trail in North Carolina and develop a mutually agreeable plan for the orderly and coordinated acquisition of Appalachian Trail right-of-way and the associated tracts, as needed, to provide a suitable environment for the Appalachian Trail in North Carolina.
2. The Department of Natural and Cultural Resources and the federal agencies charged with the responsibility of the administration of the Appalachian Trail in North Carolina shall give due consideration to the conservation of the environment of the Appalachian Trail and, in accordance with the National Trails System Act, may obtain advice and assistance from local governments, Carolina Mountain Club, Nantahala Hiking Club, Piedmont Appalachian Trail Hikers, Appalachian Trail Conference, other interested organizations and individuals, landowners and land users concerned.
3. The Board of Transportation shall cooperate and assist in carrying out the purposes of this Part and the National Trails System Act where their highway projects cross or may be adjacent to any component of the Appalachian Trail System.
4. Lands acquired by the State of North Carolina within the 200-feet right-of-way of the Appalachian Trail and within the exterior boundaries of the Pisgah or Nantahala National Forests, will be conveyed to the United States Forest Service as the federal agency charged with the responsibility for the administration and management of the Appalachian Trail within these specific areas.
5. Lands acquired by the State of North Carolina outside of the boundaries of the Appalachian Trail right-of-way will be administered by the appropriate State department in such a manner as to preserve and enhance the environment of the Appalachian Trail.
6. In consultation with the Department of Natural and Cultural Resources, the federal agency charged with the responsibility of the administration of the Appalachian Trail in North Carolina shall establish use regulations in accordance with the National Trails System Act.
7. The use of motor vehicles on the trails of the North Carolina Appalachian Trail System may be authorized when such use is necessary to meet emergencies or to enable adjacent landowners to have reasonable access to their lands and timber rights provided that the granting of this access is in accordance with limitations and conditions of such use set forth in the National Trails System Act.

History

(1973, c. 507, s. 5; c. 545, s. 4; 1977, c. 771, s. 4; 1989, c. 727, s. 218(62); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(f), (m).)

Editor's Note. - Former G.S. 113A-75 was recodified as G.S. 143B-135.76 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

The National Trails System Act is codified at 16 U.S.C. § 1247 et seq.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted "Part" for "Article" in the section heading and in subsection (c); and substituted "Department of Natural and Cultural Resources" for "Department of Environment and Natural Resources" in subsections (b) and (f).

§ 143B-135.78. Acquisition of rights-of-way and lands; manner of acquiring.

The State of North Carolina may use lands for trail purposes within the boundaries of areas under its administration that are included in the rights-of-way selected for the Appalachian Trail System. The Department of Administration may acquire lands or easements by donation or purchase with funds donated or appropriated for such purpose.

History

(1973, c. 545, s. 5; 2015-241, s. 14.30(f).)

Editor's Note. - Former G.S. 113A-76 was recodified as G.S. 143B-135.78 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

§ 143B-135.80. Expenditures authorized.

The Department is authorized to spend any federal, State, local or private funds available for this purpose to the Department for acquisition and development of the Appalachian Trail System.

History

(1973, c. 545, s. 6; 1977, c. 771, s. 4; 1989, c. 727, s. 125; 2015-241, s. 14.30(f).)

Editor's Note. - Former G.S. 113A-77 was recodified as G.S. 143B-135.80 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

PART 34. NORTH CAROLINA TRAILS SYSTEM.

§ 143B-135.90. Short title.

This Part shall be known and may be cited as the "North Carolina Trails System Act."

History

(1973, c. 670, s. 1; 2015-241, s. 14.30(f), (m).)

Editor's Note. - Former Article 6 of Chapter 113A (G.S. 113A-83 to GS. 113A-95) was recodified as Part 34 of Article 2 of Chapter 143B (143B-135.90 et seq.) by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015. Where appropriate, the historical citations to the sections in the former Article have been added to corresponding sections in the Part as rewritten and recodified.

Former G.S. 113A-83 was recodified as G.S. 143B-135.90 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 14.30(b), provides: "All functions, powers, duties, and obligations vested in the following commissions, boards, councils, and committees within the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Department of Natural and Cultural Resources by a Type II transfer, as defined in G.S. 143A-6:

"(1) North Carolina Parks and Recreation Authority.

"(2) North Carolina Trails Committee.

"(3) North Carolina Zoological Park Council.

"(4) Advisory Commission for North Carolina State Museum of Natural Sciences.

"(5) Clean Water Management Trust Fund Board of Trustees."

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted "Part" for "Article."

Legal Periodicals. - For article, "The Evolution of Modern North Carolina Environmental and Conservation Policy Legislation," see 29 Campbell L. Rev. 535 (2007).

§ 143B-135.92. Declaration of policy and purpose.

1. In order to provide for the ever-increasing outdoor recreation needs of an expanded population and in order to promote public access to, travel within, and enjoyment and appreciation of the outdoor, natural and remote areas of the State, trails should be established in natural, scenic areas of the State, and in and near urban areas.
2. The purpose of this Part is to provide the means for attaining these objectives by instituting a State Trails System, coordinated with and complemented by existing and future local trail segments or systems, and by prescribing the methods by which, and standards according to which, components may be added to the State Trails System.

History

(1973, c. 670, s. 1; 1993, c. 184, s. 1; 2015-241, s. 14.30(f), (m); 2019-20, s. 3(b).)

Editor's Note. - Former G.S. 113A-84 was recodified as G.S. 143B-135.92 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted "Part" for "Article" in subsection (b).

Session Laws 2019-20, s. 3(b), effective June 3, 2019, substituted "Trails System" for "system of scenic and recreation trails" in subsection (b); and made stylistic changes.

§ 143B-135.94. Definitions.

Except as otherwise required by context, the following terms when used in this Part shall be construed respectively to mean:

1. "Department" means the North Carolina Department of Natural and Cultural Resources.
2. "Political subdivision" means any county, any incorporated city or town, or other political subdivision.
3. "Scenic easement" means a perpetual easement in land which
   1. Is held for the benefit of the people of North Carolina,
   2. Is specifically enforceable by its holder or beneficiary, and
   3. Limits or obligates the holder of the servient estate, his heirs, and assigns with respect to their use and management of land and activities conducted thereon, the object of such limitations and obligations being the maintenance or enhancement of the natural beauty of the land in question or of areas affected by it.
4. "Secretary" means the Secretary of Natural and Cultural Resources, except as otherwise specified in this Part.
5. "State Trails System" means the trails system established in this Part or pursuant to the State Parks Act, Part 32 of this Article, and including all trails and trail segments, together with their rights-of-way, added by any of the procedures described in this Part or Part 32 of this Article.
6. "Trail" means a linear corridor on land or water, protected from motor vehicles, providing public access for recreation or transportation.
7. "Trails Committee" means the North Carolina Trails Committee established by Part 35 of this Article.

History

(1973, c. 670, s. 1; 1977, c. 771, s. 4; 1989, c. 727, s. 218(63); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1993, c. 184, s. 2; 1997-443, s. 11A.119(a); 2015-241, s. 14.30(f), (m); 2019-20, s. 3(c).)

Editor's Note. - Former G.S. 113A-85 was recodified as G.S. 143B-135.94 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted "Part" for "Article" throughout the section; substituted "Natural and Cultural Resources" for "Environment and Natural Resources" in subdivisions (1) and (4); substituted "Part 32 of this Article" for "Article 2C of Chapter 113 of the General Statutes" twice in subdivision (5) and in subdivision (6)a; substituted "G.S. 143B-135.96" for "G.S. 113A-86" in subdivision (6)c; and added subdivision (7).

Session Laws 2019-20, s. 3(c), effective June 3, 2019, substituted "Trails System" for the first occurrence of "trails system" in subdivision (5); and rewrote subdivision (6).

§ 143B-135.96. Composition of State Trails System.

The State Trails System shall be composed of State trails, which are components of the State Parks System, authorized by the General Assembly pursuant to G.S. 143B-135.54(b), and planned and coordinated by the Department.

History

(1973, c. 670, s. 1; 1993, c. 184, s. 3; 2015-241, s. 14.30(f); 2019-20, s. 3(d).)

Editor's Note. - Former G.S. 113A-86 was recodified as G.S. 143B-135.96 by Session Laws 2015-241, s. 14.30(f).

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2019-20, s. 3(d), effective June 3, 2019, substituted "Trails System" for "trails system" in the catchline and rewrote the section.

§ 143B-135.98. Authority to designate trails.

The Department may establish and designate trails on:

1. Lands administered by the Department,
2. Lands under the jurisdiction of a State department, political subdivision, or federal agency, or
3. Private lands provided, fee-simple title, lesser estates, scenic easements, easements of surface ingress and egress running with the land, leases, or other written agreements are obtained from landowners through which a State trail may pass.

History

(1973, c. 670, s. 1; 1979, c. 6, s. 1; 1991, c. 115, s. 1; 1993, c. 184, s. 4; 2015-241, s. 14.30(f).)

Editor's Note. - Former G.S. 113A-87 was recodified as G.S. 143B-135.98 by Session Laws 2015-241, s. 14.30(f), effective July, 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

§ 143B-135.100. Use of State land for bicycling; creation of trails by volunteers.

1. Any land held in fee simple by this State, any agency of this State, or any land purchased or leased with funds provided by this State may be open and available for use by bicyclists upon establishment of a usage agreement. The usage agreement shall be established between the land manager and any local cycling group or organization intending to use the land and shall specify the terms and conditions for use of the land. The land manager shall designate a representative with knowledge of off-road bicycle trail building to negotiate the agreement. Upon establishment of the usage agreement, any bicyclist may use the land pursuant to the agreement.
2. Notwithstanding the provisions of subsection (a) of this section, any land may be restricted or removed from use by bicyclists if it is determined by the State, an agency of the State, or the holder of land purchased or leased with State funds that the use would cause substantial harm to the land or the environment or that the use would violate another State or federal law. Before restricting or removing land from use by bicyclists, the State, the agency of the State, or the holder of the land purchased or leased with State funds must show why the lands should not be open for use by bicyclists. Local cycling groups or organizations shall be notified of the intent to restrict or remove the land from use by bicyclists and provided an opportunity to show why cycling should be allowed on the land.
3. Repealed by Session Laws 2016-90, s. 5, effective July 11, 2016.
4. Any land open and available for use by bicyclists, pursuant to subsection (a) of this section, shall also be available to members of the public for hiking and walking. Persons using the land pursuant to this subsection shall yield the right-of-way to bicyclists when hiking or walking on any trails created and maintained for the purpose of off-road cycling and so designated along that trail.
5. Notwithstanding any other provision of this section, any hiking, walking, or use of bicycles on game lands administered by the Wildlife Resources Commission shall be restricted to roads and trails designated for vehicular use. Hiking, walking, or bicycle use by persons not hunting shall be restricted to days closed to hunting. The Wildlife Resources Commission may restrict the use of bicycles on game lands where necessary to protect sensitive wildlife habitat or species.

The land manager shall not be required to create, maintain, or make available any special trails, paths, or other accommodations to any user of the land for cycling purposes. However, once a usage agreement has been established, any local cycling group or organization may create and maintain special trails for cycling purposes. Any trails created for the purpose of off-road cycling shall be created and maintained using commonly accepted best practices.

History

(2007-449, s. 1; 2015-241, s. 14.30(f); 2016-90, s. 5.)

Editor's Note. - Former G.S. 113A-87.1 was recodified as G.S. 143B-135.100 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2007-449, s. 2, provides: "This act becomes effective January 1, 2008. Any agreements for usage of land by bicyclists entered into prior to the effective date of this act are not affected by this act. Upon passage of this act and prior to its effective date, the State, an agency of this State, or a holder of land purchased or leased with State funds, shall determine if the land should be restricted or removed from availability and use and provide to, in writing, the Division of Bicycle and Pedestrian Transportation any reasons to support the decision."

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2016-90, s. 5, effective July 11, 2016, in subsection (b), deleted the former last sentence, which read: "Notice of any land restricted or removed from use by bicyclists pursuant to this subsection shall be filed with the Division of Bicycle and Pedestrian Transportation of the Department of Transportation"; deleted subsection (c), which read "The Division of Bicycle and Pedestrian Transportation of the Department of Transportation shall keep a record of all lands made open and available for use by bicyclists pursuant to this section and shall make the information available to the public upon request"; and in subsection (e), substituted "species" for "species and shall file notice of any restrictions with the Division of Bicycle and Pedestrian Transportation of the Department of Transportation."

§ 143B-135.102. Trails Committee duties.

1. The Committee shall meet in various sections of the State not less than two times annually to advise the Department on all matters directly or indirectly pertaining to trails, their use, extent, location, and the other objectives and purposes of this Part.
2. The Committee shall coordinate trail development among local governments, and shall assist local governments in the formation of their trail plans and advise the Department quarterly of its findings.
3. The Secretary, with advice of the Committee, shall study trail needs and potentials, and make additions to the State Trails System as needed. The Secretary shall submit an annual report by October 1 of each year to the Governor, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division on trail activities by the Department, including rights-of-way that have been established and on the program for implementing this Part. Each report shall include a short statement on the significance of the various trails to the System. The Secretary shall make such rules as to trail development, management, and use that are necessary for the proper implementation of this Part.

History

(1973, c. 670, s. 1; c. 1262, s. 82; 1987, c. 827, s. 132; 2015-241, s. 14.30(f), (m); 2017-57, s. 14.1(jj).)

Cross References. - As to the creation, composition, powers and duties of the North Carolina Trails Committee, see G.S. 143B-135.130, 143B-135.132.

Editor's Note. - Former G.S. 113A-88 was recodified as G.S. 143B-135.102 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted "Part" for "Article" throughout the section; substituted "Trails Committee duties" for "North Carolina Trails Committee; composition; meetings and functions" in the section heading; deleted former repealed subsection (a); and redesignated former subsections (b) through (d) as subsections (a) through (c).

Session Laws 2017-57, s. 14.1(jj), effective July 1, 2017, in the second sentence of subsection (c), substituted "The Secretary" for "He," added "by October of each year," and substituted "Governor, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division" for "Governor and General Assembly."

§ 143B-135.104. Location of trails.

When a route shall traverse land within the jurisdiction of a governmental unit or political subdivision, the Department shall consult with such unit or such subdivision prior to its final determination of the location of the route. The selected route shall be compatible with preservation or enhancement of the environment it traverses. Reasonable effort shall be made to minimize any adverse effects upon adjacent landowners and users. Notice of the selected route shall be published by the Department, together with appropriate maps and descriptions to be conspicuously posted online and at the proposed trail location. Such publication shall be prior to the designation of the trail by the Secretary.

History

(1973, c. 670, s. 1; 1993, c. 184, s. 5; 2015-241, s. 14.30(f); 2019-20, s. 3(e).)

Editor's Note. - Former G.S. 113A-89 was recodified as G.S. 143B-135.104 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2019-20, s. 3(e), effective June 3, 2019, rewrote the section.

§ 143B-135.106. Scenic easements within right-of-way.

Within the boundaries of the right-of-way, the Secretary of the North Carolina Department of Administration may acquire, on behalf of the State of North Carolina, lands in fee title, or interest in land in the form of scenic easements, cooperative agreements, easements of surface ingress and egress running with the land, leases, or less than fee estates. Acquisition of land or of interest therein may be by gift, purchased with donated funds or funds appropriated by the governmental agencies for this purpose, proceeds from the sale of bonds or exchange. Any change in value of land resulting from the grant of an easement shall be taken into consideration in the assessment of the land for tax purposes.

History

(1973, c. 670, s. 1; 2015-241, s. 14.30(f).)

Editor's Note. - Former G.S. 113A-90 was recodified as G.S. 143B-135.106 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

§ 143B-135.108. Trails within parks; conflict of laws; State trails on property of others.

Any component of the System that is or shall become a part of any State park, recreation area, wildlife management area, or similar area shall be subject to the provisions of this Part as well as any other laws under which the other areas are administered, and in the case of conflict between the provisions the more restrictive provisions shall apply. On segments of any State trail that cross property controlled by agencies or owners other than the Department's Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners shall govern the use of the property.

History

(1973, c. 670, s. 1; 2015-241, s. 14.30(f), (m); 2019-20, s. 3(f).)

Editor's Note. - Former G.S. 113A-91 was recodified as G.S. 143B-135.108 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted "Part" for "Article."

Session Laws 2019-20, s. 3(f), effective June 3, 2019, added "State trails on property of others" to the end of the catchline; and added the second sentence.

§ 143B-135.110. Uniform trail markers.

The Department, in consultation with the Committee, shall establish a uniform marker for trails contained in the System. An additional appropriate symbol characterizing specific trails may be included on the marker. The markers shall be placed at all access points, together with signs indicating the modes of locomotion that are prohibited for the trail, provided that where the trail constitutes a portion of a national scenic trail, use of the national scenic trail uniform marker shall be considered sufficient. The route of the trail and the boundaries of the right-of-way shall be adequately marked.

History

(1973, c. 670, s. 1; 2015-241, s. 14.30(f).)

Editor's Note. - Former G.S. 113A-92 was recodified as G.S. 143B-135.110 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

§ 143B-135.112. Adopt-A-Trail Program.

The Department shall establish an Adopt-A-Trail Program to coordinate with the Trails Committee and local groups or persons on trail development and maintenance. Local involvement shall be encouraged, and interested groups are authorized to "adopt-a-trail" for such purposes as placing trail markers, trail building, trail blazing, litter control, resource protection, and any other activities related to the policies and purposes of this Part.

History

(1987, c. 738, s. 153(a); 2015-241, s. 14.30(f), (m).)

Editor's Note. - Former G.S. 113A-92.1 was recodified as G.S. 143B-135.112 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted "Part" for "Article" in the last sentence.

§ 143B-135.114. Administrative policy.

The North Carolina Trails System shall be administered by the Department according to the policies and criteria set forth in this Part. The Department shall, in addition, have or designate the responsibility for maintaining the trails, building bridges, campsites, shelters, and related public-use facilities where required.

History

(1973, c. 670, s. 1; 2015-241, s. 14.30(f), (m).)

Editor's Note. - Former G.S. 113A-93 was recodified as G.S. 143B-135.114 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted "Part" for "Article" in the first sentence.

§ 143B-135.116. Incorporation in National Trails System.

Nothing in this Part shall preclude a component of the State Trails System from becoming a part of the National Trails System, or a component of the National Trails System from becoming a part of the State Trails System. The Secretary shall coordinate the State Trails System with the National Trails System and is directed to encourage and assist any federal studies for inclusion of North Carolina trails in the National Trails System. The Department may enter into written cooperative agreements for joint federal-State administration of a North Carolina component of the National Trails System, provided such agreements for administration of land uses are not less restrictive than those set forth in this Part.

History

(1973, c. 670, s. 1; 2015-241, s. 14.30(f), (m); 2019-20, s. 3(g).)

Editor's Note. - Former G.S. 113A-94 was recodified as G.S. 143B-135.116 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted "Part" for "Article" in the first and last sentences.

Session Laws 2019-20, s. 3(g), effective June 3, 2019, added "or a component of the National Trails System from becoming a part of the State Trails System" to the end of the first sentence.

§ 143B-135.118. Trail use liability.

1. Any person, as an owner, lessee, occupant, or otherwise in control of land, who allows without compensation another person to use the land for designated trail or other public trail purposes or to construct, maintain, or cause to be constructed or maintained a designated trail or other public trail owes the person the same duty of care he owes a trespasser.
2. Any person who without compensation has constructed, maintained, or caused to be constructed or maintained a designated trail or other public trail pursuant to a written agreement with any person who is an owner, lessee, occupant, or otherwise in control of land on which a trail is located shall owe a person using the trail the same duty of care owed a trespasser.

History

(1987, c. 498, s. 1; 1991, c. 38, s. 1; 1993, c. 184, s. 6; 2015-241, s. 14.30(f), (m).)

Editor's Note. - Former G.S. 113A-95 was recodified as G.S. 143B-135.118 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, deleted former subsection (c), which read: "Repealed by Session Laws 1993, c. 184, s. 6."

PART 35. NORTH CAROLINA TRAILS COMMITTEE.

§ 143B-135.130. North Carolina Trails Committee - creation; powers and duties.

There is hereby created the North Carolina Trails Committee of the Department of Natural and Cultural Resources. The Committee shall have the following functions and duties:

1. To meet not less than two times annually to advise the Department on all matters directly or indirectly pertaining to trails, their use, extent, location, and the other objectives and purposes of G.S. 143B-135.102.
2. To coordinate trail development among local governments, and to assist local governments in the formation of their trail plans and advise the Department of its findings.
3. To advise the Secretary of trail needs and potentials pursuant to G.S. 143B-135.102.

History

(1973, c. 1262, s. 80; 1977, c. 771, s. 4; 1989, c. 727, s. 218(145); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(f), (m).)

Editor's Note. - Former Part 21 of Article 7 of Chapter 143B (G.S. 143B-333, 143B-334) was recodified as Part 35 of Article 2 of Chapter 143B (143B-135.130, 143B-135.132) by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015. Where appropriate, the historical citations to the sections in the former Article have been added to corresponding sections in the Part as rewritten and recodified.

Former G.S. 143B-333 was recodified as G.S. 143B-135.130 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Environment and Natural Resources" in the first sentence of the introductory paragraph and substituted "G.S. 143B-135.102" for "G.S. 113A-88" in subdivisions (1) and (3).

§ 143B-135.132. North Carolina Trails Committee - members; selection; removal; compensation.

The North Carolina Trails Committee shall consist of seven members appointed by the Secretary of Natural and Cultural Resources. Two members shall be from the mountain section, two from the Piedmont section, two from the coastal plain, and one at large. They shall as much as possible represent various trail users.

Committee members shall serve staggered terms of four years and until their successors are appointed and qualify. Any appointment to fill a vacancy on the Committee created by the resignation, dismissal, death or disability of a member shall be for the balance of the unexpired term.

The Governor shall have the power to remove any member of the Committee from office in accordance with the provisions of G.S. 143B-16 of the Executive Organization Act of 1973.

The Secretary of Natural and Cultural Resources shall designate a member of the Committee to serve as chairman at the pleasure of the Governor.

Members of the Committee shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5 and G.S. 143B-15 of the Executive Organization Act of 1973.

History

(1973, c. 1262, s. 81; 1977, c. 771, s. 4; 1989, c. 727, s. 218(146); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(f), (m).)

Editor's Note. - Former G.S. 143B-334 was recodified as G.S. 143B-135.132 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted "Secretary of Natural and Cultural Resources" for "Secretary of Environment and Natural Resources" in the first sentence of the first paragraph and in the fourth paragraph; and substituted "Committee members shall serve" for "The initial members of the North Carolina Trails Committee shall be the members of the current North Carolina Trails Committee who shall serve for a period equal to the remainder of their current term on the North Carolina Trails Committee. At the end of the respective terms of office of the initial members of the Committee, the appointment of their successors shall be for" in the second paragraph.

PART 36. NATURAL AND SCENIC RIVERS SYSTEM.

§ 143B-135.140. Short title.

This Part shall be known and may be cited as the "Natural and Scenic Rivers Act of 1971."

History

(1971, c. 1167, s. 2; 2015-241, s. 14.30(f), (m).)

Editor's Note. - Former Article 3 of Chapter 113A (G.S. 113A-30 to GS. 113A-44) was recodified as Part 36 of Article 2 of Chapter 143B (143B-135.140 et seq.) by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015. Where appropriate, the historical citations to the sections in the former Article have been added to corresponding sections in the Part as rewritten and recodified.

Former G.S. 113A-30 was recodified as G.S. 143B-135.140 by Session Laws 2015-241, s. 14.30(f).

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted "Part" for "Article."

Legal Periodicals. - For article, "The Evolution of Modern North Carolina Environmental and Conservation Policy Legislation," see 29 Campbell L. Rev. 535 (2007).

§ 143B-135.142. Declaration of policy.

The General Assembly finds that certain rivers of North Carolina possess outstanding natural, scenic, educational, geological, recreational, historic, fish and wildlife, scientific and cultural values of great present and future benefit to the people. The General Assembly further finds as policy the necessity for a rational balance between the conduct of man and the preservation of the natural beauty along the many rivers of the State. This policy includes retaining the natural and scenic conditions in some of the State's valuable rivers by maintaining them in a free-flowing state and to protect their water quality and adjacent lands by retaining these natural and scenic conditions. It is further declared that the preservation of certain rivers or segments of rivers in their natural and scenic condition constitutes a beneficial public purpose.

History

(1971, c. 1167, s. 2; 2015-241, s. 14.30(f).)

Editor's Note. - Former G.S. 113A-31 was recodified as G.S. 143B-135.142 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

§ 143B-135.144. Declaration of purpose.

The purpose of this Part is to implement the policy as set out in G.S. 143B-135.142 by instituting a North Carolina natural and scenic rivers system, and by prescribing methods for inclusion of components to the system from time to time.

History

(1971, c. 1167, s. 2; 2015-241, s. 14.30(f), (m).)

Editor's Note. - Former G.S. 113A-32 was recodified as G.S. 143B-135.144 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted "Part" for "Article" and substituted "G.S. 143B-135.142" for "G.S. 113A-31."

§ 143B-135.146. Definitions.

As used in this Part, unless the context requires otherwise:

1. "Department" means the Department of Natural and Cultural Resources.
2. "Free-flowing," as applied to any river or section of a river, means existing or flowing in natural condition without substantial impoundment, diversion, straightening, rip-rapping, or other modification of the waterway. The existence of low dams, diversion works, and other minor structures at the time any river is proposed for inclusion in the North Carolina natural and scenic rivers system shall not automatically bar its consideration for such inclusion: Provided, that this shall not be construed to authorize, intend, or encourage future construction of such structures within components of the system.
3. "River" means a flowing body of water or estuary or a section, portion, or tributary thereof, including rivers, streams, creeks, runs, kills, rills, and small lakes.
4. "Road" means public or private highway, hard-surface road, dirt road, or railroad.
5. "Scenic easement" means a perpetual easement in land which (i) is held for the benefit of the people of North Carolina, (ii) is specifically enforceable by its holder or beneficiary, and (iii) limits or obligates the holder of the servient estate, his heirs, and assigns with respect to their use and management of the land and activities conducted thereon. The object of such limitations and obligations is the maintenance or enhancement of the natural beauty of the land in question or of the areas affected by it.
6. "Secretary" means the Secretary of Natural and Cultural Resources.

History

(1971, c. 1167, s. 2; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1989, c. 727, s. 122; 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(f), (m).)

Editor's Note. - Former G.S. 113A-33 was recodified as G.S. 143B-135.146 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted "Part" for "Article" in the introductory paragraph; substituted "Department of Natural and Cultural Resources" for "Department of Environment and Natural Resources" in subdivision (1); and substituted "Secretary of Natural and Cultural Resources" for "Secretary of Environment and Natural Resources" in subdivision (6).

§ 143B-135.148. Types of scenic rivers.

The following types of rivers are eligible for inclusion in the North Carolina natural and scenic rivers system:

Class I. Natural river areas. Those free-flowing rivers or segments of rivers and adjacent lands existing in a natural condition. Those rivers or segments of rivers that are free of man-made impoundments and generally inaccessible except by trail, with the lands within the boundaries essentially primitive and the waters essentially unpolluted. These represent vestiges of primitive America.

Class II. Scenic river areas. Those rivers or segments of rivers that are largely free of impoundments, with the lands within the boundaries largely primitive and largely undeveloped, but accessible in places by roads.

Class III. Recreational river areas. Those rivers or segments of rivers that offer outstanding recreation and scenic values and that are largely free of impoundments. They may have some development along their shorelines and have more extensive public access than natural or scenic river segments. Recreational river segments may also link two or more natural and/or scenic river segments to provide a contiguous designated river area. No provision of this section shall interfere with flood control measures; provided that recreational river users can continue to travel the river.

History

(1971, c. 1167, s. 2; 1989, c. 752, s. 156(a); 2015-241, s. 14.30(f).)

Editor's Note. - G.S. 113A-34 was recodified as G.S. 143B-135.148 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

§ 143B-135.150. Criteria for system.

For the inclusion of any river or segment of river in the natural and scenic river system, the following criteria must be present:

1. River segment length - must be no less than one mile.
2. Boundaries - of the system shall be the visual horizon or such distance from each shoreline as may be determined to be necessary by the Secretary, but shall not be less than 20 feet.
3. Water quality - shall not be less than that required for Class "C" waters as established by the North Carolina Environmental Management Commission.
4. Water flow - shall be sufficient to assure a continuous flow and shall not be subjected to withdrawal or regulation to the extent of substantially altering the natural ecology of the stream.
5. Public access - shall be limited, but may be permitted to the extent deemed proper by the Secretary, and in keeping with the property interest acquired by the Department and the purpose of this Part.

History

(1971, c. 1167, s. 2; 1973, c. 1262, ss. 23, 86; 1989, c. 654, s. 1; 2015-241, s. 14.30(f), (m).)

Editor's Note. - Former G.S. 113A-35 was recodified as G.S. 143B-135.150 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted "Part" for "Article" in subdivision (5).

§ 143B-135.152. Components of system; management plan; acquisition of land and easements; inclusion in national system.

That segment of the south fork of the New River extending from its confluence with Dog Creek in Ashe County downstream through Ashe and Alleghany Counties to its confluence with the north fork of the New River and the main fork of the New River in Ashe and Alleghany Counties downstream to the Virginia State line shall be a scenic river area and shall be included in the North Carolina Natural and Scenic Rivers System.

The Department shall prepare and implement a management plan for this river section. This management plan shall recognize and provide for the protection of the existing undeveloped scenic and pastoral features of the river. Furthermore, it shall specifically provide for continued use of the lands adjacent to the river for normal agricultural activities, including, but not limited to, cultivation of crops, raising of cattle, growing of trees and other practices necessary to these agricultural pursuits.

For purposes of implementing this section and the management plan, the Department may acquire lands or interests in lands, provide for protection of scenic values as described in G.S. 143B-135.160, and provide for public access. Easements obtained for the purpose of implementing this section and the management plan shall not abridge the water rights being exercised on May 26, 1975.

Should the Governor seek inclusion of this river segment in the National System of Wild and Scenic Rivers by action of the Secretary of Interior, such inclusion shall be at no cost to the federal government, as prescribed in the National Wild and Scenic Rivers Act, and therefore shall be under the terms described in this section of the North Carolina Wild and Scenic Rivers Act and in the management plan developed pursuant thereto.

History

(1973, c. 879; 1975, c. 404; 1977, c. 555; c. 771, s. 4; 1985, c. 129, s. 3; 1987, c. 827, s. 127; 1989, c. 654, s. 2; c. 765; 1999-147, s. 1; 2012-200, s. 24; 2015-241, s. 14.30(f), (m).)

Editor's Note. - Former G.S. 113A-35.1 was recodified as G.S. 143B-135.152 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2012-200, s. 24, effective August 1, 2012, repealed subsection (b) which read: "The Department shall prepare an annual status report on the progress made in implementing the management plan required pursuant to subsection (a) of this section and the progress in implementing the management plan submitted by the Department in support of the request to the Secretary of the Interior for the river's inclusion in the National System of Wild and Scenic Rivers. The status report shall evaluate the extent to which current implementation of the management plans has in fact maintained the river's free-flowing state and protected the scenic conditions of the river and the adjacent lands consistent with the purpose of this Article. If implementation of either management plan is incomplete at the time the report is filed, the Secretary shall submit a schedule for implementing the remainder of the plan. The status report shall be filed with the General Assembly no later than January 15 of each year, beginning in 1990."

Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, deleted the former subsection (a) designation; substituted "G.S. 143B-135.160" for "G.S. 113A-38" in the third paragraph; and deleted former repealed subsection (b).

Legal Periodicals. - For note, "The Conflict Over the New River, and the Test Case for the Wild and Scenic Rivers Act: North Carolina v. FPC," see 9 N.C. Cent. L.J. 192 (1978).

§ 143B-135.154. Additional components.

That segment of the Linville River beginning at the State Highway 183 bridge over the Linville River and extending approximately 13 miles downstream to the boundary between the United States Forest Service lands and lands of Duke Power Company (latitude 35 ø 50' 20") shall be a natural river area and shall be included in the North Carolina Natural and Scenic River System.

That segment of the Horsepasture River in Transylvania County extending downstream from Bohaynee Road (N.C. 281) to Lake Jocassee shall be a natural river and shall be included in the North Carolina Natural and Scenic Rivers System.

That segment of the Lumber River extending from county road 1412 in Scotland County downstream to the North Carolina-South Carolina state line, a distance of approximately 102 river miles, shall be included in the Natural and Scenic Rivers System and classified as follows: from county road 1412 in Scotland County downstream to the junction of the Lumber River and Back Swamp shall be classified as scenic; from the junction of the Lumber River and Back Swamp downstream to the junction of the Lumber River and Jacob Branch and the river within the Fair Bluff town limits shall be classified as recreational; and from the junction of the Lumber River and Jacob Branch downstream to the North Carolina-South Carolina state line, excepting the Fair Bluff town limits, shall be classified as natural.

History

(1975, c. 698; 1985, c. 344, s. 1; 1989, c. 752, s. 156(b); 2015-241, s. 14.30(f).)

Editor's Note. - Former G.S. 113A-35.2 was recodified as G.S. 143B-135.154 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

§ 143B-135.156. Administrative agency; federal grants; additions to the system; regulations.

1. The Department is the agency of the State of North Carolina with the duties and responsibilities to administer and control the North Carolina natural and scenic rivers system.
2. The Department is the agency of the State with the authority to accept federal grants of assistance in planning, developing (which would include the acquisition of land or an interest in land), and administering the natural and scenic rivers system.
3. The Secretary of the Department shall study and from time to time submit to the Governor, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division proposals for the additions to the system of rivers and segments of rivers which, in the Secretary's judgment, fall within one or more of the categories set out in G.S. 143B-135.148. Each proposal shall specify the category of the proposed addition and shall be accompanied by a detailed report of the facts which, in the Secretary's judgment, makes the area a worthy addition to the system.
4. Before submitting any proposal under subsection (c) of this section for the addition to the system of a river or segment of a river, the Secretary or the Secretary's authorized representative shall hold a public hearing in the county or counties where the river or segment of river is situated. Notice of the public hearing shall be given by publishing a notice once each week for two consecutive weeks in a newspaper having general circulation in the county where the hearing is to be held, the second of the notices appearing not less than 10 days before the hearing. Any person attending the hearing shall be given an opportunity to be heard. No public hearing, however, is required with respect to a river bounded solely by the property of one owner, who consents in writing to the addition of the river to the system.
5. The Department shall also conduct an investigation on the feasibility of the inclusion of a river or a segment of river within the system and shall file a written report with the proposal described in subsection (c) of this section.
6. The Department, before submitting a proposal under subsection (c) of this section, shall notify in writing the owner, lessee, or tenant of any lands adjoining the river or segment of river of its intention to make the proposal. In the event the Department, after due diligence, is unable to determine the owner or lessee of the land, the Department may publish a notice for four successive weeks in a newspaper having general circulation in the county where the land is situated of its intention to make a proposal for the addition of a river or segment of river to the system.
7. Upon receipt of a request in the form of a resolution from the commissioners of the county or counties in which a river segment is located and upon studying the segment and determining that it meets the criteria set forth in G.S. 143B-135.150, the Secretary may designate the segment a potential component of the natural and scenic rivers system. The designation as a potential component shall be transmitted to the Governor and all appropriate State agencies. Any segment so designated is subject to the provisions of this Part applicable to designated rivers, except for acquisition by condemnation or otherwise, and to any rules adopted pursuant to this Part. The Secretary shall make a full report and, if appropriate, a proposal for an addition to the natural and scenic rivers system to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division within 90 days after the convening of the next session of the General Assembly following issuance of the designation, and the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources shall determine whether to designate the segment as a component of the natural and scenic rivers system. If the next session of the General Assembly fails to take affirmative action on the designation, the designation as a potential component shall expire.
8. The Department may adopt rules to implement this Part.

History

(1971, c. 1167, s. 2; 1973, c. 911; c. 1262, ss. 28, 86; 1977, c. 771, s. 4; 1985, c. 129, s. 1; 1987, c. 827, ss. 125, 128; 1989, c. 727, s. 123; 2015-241, s. 14.30(f), (m); 2017-57, s. 14.1(kk).)

Editor's Note. - Former G.S. 113A-36 was recodified as G.S. 143B-135.156 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, redesignated former subsections (c1) and (d) as subsections (d) and (e); substituted "G.S. 143B-135.148" for "G.S. 113A-34" in subsection (c); substituted "G.S. 143B-135.150" for "G.S. 113A-35" in the first sentence of subsection (d); and substituted "Part" for "Article" in subsections (d) and (e).

Session Laws 2017-57, s. 14.1(kk), effective July 1, 2017, substituted "The Department is" for "The Department shall be" in subsection (b); in subsection (c), substituted "Governor, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division" for "Governor and to the General Assembly," and substituted "the Secretary's " for "his"; designated the formerly undesignated second, third and fourth paragraphs of subsection (c) as subsections (c1), (c2) and (c3), respectively; in (c1), substituted "under subsection (c) of this section" for "to the Governor or the General Assembly," substituted "the Secretary's" for "his," deleted "Notwithstanding the provisions of the foregoing" at the beginning of the last sentence; substituted "proposal described in subsection (c) of this section" for "Governor when submitting a proposal" in subsection (c2); in subsection (c3), substituted "proposal under subsection (c) of this section, shall" for "proposal to the Governor or the General Assembly," deleted "to the Governor or General Assembly" in the last sentence; in subsection (d), substituted "Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division" for "General Assembly" for "General Assembly" following "rivers system to the," added "of the General Assembly" following "next session," substituted "Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources" for "General Assembly"; and made stylistic changes in subsections (c1) through (c3).

§ 143B-135.158. Raising the status of an area.

Whenever in the judgment of the Secretary of the Department a scenic river segment has been sufficiently restored and enhanced in its natural scenic and recreational qualities, such segment may be reclassified with the approval of the Department, to a natural river area status and thereafter administered accordingly.

History

(1971, c. 1167, s. 2; 1973, c. 1262, ss. 28, 86; 2015-241, s. 14.30(f).)

Editor's Note. - Former G.S. 113A-37 was recodified as G.S. 143B-135.158 by Session Laws 2015-241, s. 14.30(f).

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

§ 143B-135.160. Land acquisition.

1. The Department of Administration is authorized to acquire for the Department, within the boundaries of a river or segment of river as set out in G.S. 143B-135.150 on behalf of the State of North Carolina, lands in fee title or a lesser interest in land, preferably "scenic easements." Acquisition of land or interest therein may be by donation, purchase with donated or appropriated funds, exchange or otherwise.
2. The Department of Administration in acquiring real property or a property interest therein as set out in this Part shall have and may exercise the power of eminent domain in accordance with Article 3 of Chapter 40A of the General Statutes.

History

(1971, c. 1167, s. 2; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1987, c. 827, ss. 127, 129; 2015-241, s. 14.30(f), (m).)

Editor's Note. - Former G.S. 113A-38 was recodified as G.S. 143B-135.160 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted "G.S. 143B-135.150" for "G.S. 113A-35" in subsection (a); and substituted "Part" for "Article" in subsection (b).

Legal Periodicals. - For article, "The Pearl in the Oyster: The Public Trust Doctrine in North Carolina," see 12 Campbell L. Rev. 23 (1989).

§ 143B-135.162. Claim and allowance of charitable deduction for contribution or gift of easement.

The contribution or donation of a "scenic easement," right-of-way or any other easement or interest in land to the State of North Carolina, as provided in this Part, shall be deemed a contribution to the State of North Carolina within the provisions of G.S. 105-130.9 and section 170(c)(1) of the Internal Revenue Code. The value of the contribution or donation shall be the fair market value of the easement or other interest in land when the contribution or donation is made.

History

(1971, c. 1167, s. 2; 1991, c. 45, s. 23; 2015-241, s. 14.30(f), (m).)

Editor's Note. - Former G.S. 113A-39 was recodified as G.S. 143B-135.162 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted "Part" for "Article" in the first sentence.

§ 143B-135.164. Component as part of State park, wildlife refuge, etc.

Any component of the State natural and scenic rivers system that is or shall become a part of any State park, wildlife refuge, or state-owned area shall be subject to the provisions of this Part and the laws under which the other areas may be administered, and in the case of conflict between the provisions of these laws, the more restrictive provisions shall apply.

History

(1971, c. 1167, s. 2; 2015-241, s. 14.30(f), (m).)

Editor's Note. - Former G.S. 113A-40 was recodified as G.S. 143B-135.164 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted "this Part and the laws" for "this Article and the Articles" near the middle, and "these laws," for "these Articles" near the end.

§ 143B-135.166. Component as part of national wild and scenic river system.

Nothing in this Part shall preclude a river or segment of a river from becoming part of the national wild and scenic river system. The Secretary is directed to encourage and assist any federal studies for the inclusion of North Carolina rivers in the national system. The Secretary may enter into cooperative agreements for joint federal-state administration of a North Carolina river or segment of river: Provided, that such agreements relating to water and land use are not less restrictive than the requirements of this Part.

History

(1971, c. 1167, s. 2; 1973, c. 1262, s. 86; 2015-241, s. 14.30(f), (m).)

Editor's Note. - Former G.S. 113A-41 was recodified as G.S. 143B-135.166 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted "Part" for "Article" twice and deleted "of the Department" following "Secretary" in the second sentence.

§ 143B-135.168. Violations.

1. Civil Action. - Whoever violates, fails, neglects or refuses to obey any provision of this Part or rule or order of the Secretary may be compelled to comply with or obey the same by injunction, mandamus, or other appropriate remedy.
2. Penalties. - Whoever violates, fails, neglects or refuses to obey any provision of this Part or rule or order of the Secretary is guilty of a Class 3 misdemeanor and may be punished only by a fine of not more than fifty dollars ($50.00) for each violation, and each day such person shall fail to comply, where feasible, after having been officially notified by the Department shall constitute a separate offense subject to the foregoing penalty.

History

(1971, c. 1167, s. 2; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1987, c. 827, s. 125; 1989, c. 727, s. 124; 1993, c. 539, s. 872; 1994, Ex. Sess., c. 24, s. 14(c); 2015-241, s. 14.30(f), (m).)

Editor's Note. - Former G.S. 113A-42 was recodified as G.S. 143B-135.168 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted "Part" for "Article" in subsections (a) and (b).

§ 143B-135.170. Authorization of advances.

The Department of Administration is hereby authorized to advance from land-purchase appropriations necessary amounts for the purchase of land in those cases where reimbursement will be later effected by the Bureau of Outdoor Recreation of the United States Department of the Interior.

History

(1971, c. 1167, s. 2; 2015-241, s. 14.30(f).)

Editor's Note. - Former G.S. 113A-43 was recodified as G.S. 143B-135.170 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.' "

Session Laws 2015-241, s. 33.6, is a severability clause.

§ 143B-135.172. Restrictions on project works on natural or scenic river.

The State Utilities Commission may not permit the construction of any dam, water conduit, reservoir, powerhouse transmission line, or any other project works on or directly affecting any river that is designated as a component or potential component of the State Natural and Scenic Rivers System. No department or agency of the State may assist by loan, grant, license, permit, or otherwise in the construction of any water resources project that would have a direct and adverse effect on any river that is designated as a component or potential component of the State Natural and Scenic Rivers System. This section shall not, however, preclude licensing of or assistance to a development below or above a designated or potential component. No department or agency of the State may recommend authorization of any water resources project that would have a direct and adverse effect on any river that is designated as a component or potential component of the State Natural and Scenic Rivers System, or request appropriations to begin construction of any such project, regardless of when authorized, without advising the Secretary in writing of its intention to do so at least 60 days in advance. Such department or agency making such recommendation or request shall submit a written impact statement to the General Assembly to accompany the recommendation or request specifically describing how construction of the project would be in conflict with the purposes of this act and how it would affect the component or potential component.

History

(1985, c. 129, s. 2; 2015-241, s. 14.30(f).)

Editor's Note. - Former G.S. 113A-44 was recodified as G.S. 143B-135.172 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.' "

Session Laws 2015-241, s. 33.6, is a severability clause.

PART 37. DIVISION OF NORTH CAROLINA AQUARIUMS.

§ 143B-135.180. Division of North Carolina Aquariums - creation.

The Division of North Carolina Aquariums is created in the Department of Natural and Cultural Resources.

History

(1985, c. 202, s. 3; 1995, c. 509, s. 98; 1997-286, s. 2; 1997-400, s. 6.3(a), (b); 1997-443, s. 11A.119(b); 2015-241, s. 14.30(g), (n).)

Editor's Note. - Former Part 5C of Article 7 of Chapter 143B (G.S. 143B-289.40 to G.S. 143B-289.45) is recodified as Part 37 of Article 2 of Chapter 143B (G.S. 143B-135.180 to G.S. 143B-135.190) by Session Laws 2015-241, s. 14.30(g), effective July 1, 2015. Where appropriate, the historical citations to the sections in the former Article have been added to corresponding sections in the Part as rewritten and recodified.

Former G.S. 143B-289.40 was recodified as G.S. 143B-135.180 by Session Laws 2015-241, s. 14.30(g), effective July 1, 2015.

Prior to that, this section was G.S. 143B-390.1, as recodified by Session Laws 1995, c. 509, s. 98 as G.S. 143B-289.19. This section was subsequently recodified as G.S. 143B-289.40 by Session Laws 1997-400, s. 6.3.

Session Laws 2015-241, s. 14.11(b), provides: "The Department of Environment and Natural Resources, or any other department given responsibilities for the North Carolina Zoological Park, State parks, and the North Carolina Aquariums, may establish admission fees and related activity fees for those sites and facilities. In setting these fees, the Department of Environment and Natural Resources shall use a dynamic pricing strategy as defined in subsection (e) of this section. Any rule currently in the Administrative Code related to fees covered by subsection (a) of this section is ineffective and repealed upon the effective date of new admission fees and related activity fees adopted by the Department under the authority set out in that subsection. Notice of the initial adoption of new admission fees and related activity fees under subsection (a) of this section shall be given by the Department to the Codifier of Rules, who, upon receipt of notice of the initial adoption of new admission fees and related activity fees by the Department, shall note the repeal of these rules in the Administrative Code. Nothing in this subsection is intended to authorize the Department or any other department to charge new parking fees at the North Carolina Zoological Park, State parks, or the North Carolina Aquariums or to charge an admission fee at any other site or facility that does not currently charge an admission fee."

Session Laws 2015-241, s. 14.11(e), provides: "For purposes of this section, 'dynamic pricing' is the adjustment of fees for admission and related activities from time to time to reflect market forces, including seasonal variations and special event interests, with the intent and effect to maximize revenues from use of these State resources to the extent practicable to offset appropriations from the General Assembly."

Session Laws 2015-241, s. 14.11(g), as amended by Session Laws 2015-268, s. 5.5, provides: "The Department of Environment and Natural Resources, or any other department given responsibilities for the North Carolina Zoological Park, State parks, and the North Carolina Aquariums may not impose fees on school groups visiting those attractions. For purposes of this section, 'fees' refers to the regular admission charge, and does not include a separate admission charge for a special temporary exhibition or a special program.

Session Laws 2015-241, s. 14.11(i), provides: "This section applies to admission fees or related activity fees charged on or after the effective date of this act [July 1, 2015]."

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(n), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Environment and Natural Resources."

§ 143B-135.182. Division of North Carolina Aquariums - organization; powers and duties.

1. The Division of North Carolina Aquariums shall be organized as prescribed by the Secretary of Natural and Cultural Resources and shall exercise the following powers and duties:
   1. Establish and maintain the North Carolina Aquariums.
   2. Administer the operations of the North Carolina Aquariums, such administrative duties to include, but not be limited to the following:
      1. Adopt goals and objectives for the Aquariums and review and revise these goals and objectives periodically.
      2. Review and approve requests for use of the Aquarium facilities and advise the Secretary of Natural and Cultural Resources on the most appropriate use consistent with the goals and objectives of the Aquariums.
      3. Continually review and evaluate the types of projects and programs being carried out in the Aquarium facilities and determine if the operation of the facilities is in compliance with the established goals and objectives.
      4. Recommend to the Secretary of Natural and Cultural Resources any policies and procedures needed to assure effective staff performance and proper liaison among Aquarium facilities in carrying out the overall purposes of the Aquarium programs.
      5. Review Aquarium budget submissions to the Secretary of Natural and Cultural Resources.
      6. Recruit and recommend to the Secretary of Natural and Cultural Resources candidates for the positions of directors of the Aquariums.
      7. Create local advisory committees in accordance with the provisions of G.S. 143B-135.186.
   3. Notwithstanding Article 3A of Chapter 143 of the General Statutes, and G.S. 143-49(4), dispose of any exhibit, exhibit component, or object from the collections of the North Carolina Aquariums by sale, lease, or trade. A sale, lease, or trade under this subdivision shall be conducted in accordance with generally accepted practices for zoos and aquariums that are accredited by the American Association of Zoos and Aquariums. After deducting the expenses attributable to the sale or lease, the net proceeds of any sale or lease shall be credited to the North Carolina Aquariums Fund.
   4. Assume any other powers and duties assigned to it by the Secretary.
2. The Secretary may adopt any rules and procedures necessary to implement this section.

History

(1985, c. 202, s. 3; 1991, c. 320, s. 3; 1993, c. 321, ss. 28(d), 28(e); 1997-286, s. 3; 1997-400, s. 6.3(b), (c); 1997-443, ss. 11A.119(a), 11A.123; 1999-49, s. 1; 2015-241, s. 14.30(c), (g), (n), (w).)

Editor's Note. - Former G.S. 143B-289.41 was recodified as G.S. 143B-135.182 by Session Laws 2015-241, s. 14.30(g), effective July 1, 2015.

Prior to that, this section was G.S. 143B-390.2, and was recodified as G.S. 143B-289.20 by Session Laws 1993, c. 321, s. 28(d), effective July 1, 1993. This section was subsequently recodified as G.S. 143B-289.41 by Session Laws 1997-400, s. 6.3(b).

Session Laws 2015-241, s. 14.30(c), provides: "The Department of Environment and Natural Resources is renamed the Department of Environmental Quality. All references to the Department of Environment and Natural Resources or the Department of Cultural Resources in acts of the 2015 General Assembly taking effect on or after the effective date of this section [July 1, 2015] and in the Committee Report described in Section 33.2 of this act shall be construed to refer to the Department of Environmental Quality or the Department of Natural and Cultural Resources, respectively. References to duties or requirements of the Department of Environment and Natural Resources with respect to entities transferred under subsections (a) and (b) of this section shall be construed as duties or requirements of the Department of Natural and Cultural Resources as reorganized by this section." Pursuant to this authority, "Natural and Cultural Resources" was substituted for "Environment and Natural Resources" in subdivision (a)(2)e.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(n), (w), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Environment and Natural Resources" throughout the section; and in subsection (a), deleted former repealed subdivisions and redesignated remaining subdivisions, and substituted "G.S. 143B-135.186" for "G.S. 143B- 289.43" in subdivision (2)g.

§ 143B-135.184. North Carolina Aquariums; purpose.

The purpose of establishing and maintaining the North Carolina Aquariums is to promote an awareness, understanding, and appreciation of the diverse natural and cultural resources associated with North Carolina's oceans, estuaries, rivers, streams, and other aquatic environments.

History

(1991, c. 320, s. 4; 1993, c. 321, s. 28(d); 1997-400, s. 6.3(b); 2015-241, s. 14.30(g).)

Editor's Note. - Former G.S. 143B-289.42 was recodified as G.S. 143B-135.184 by Session Laws 2015-241, s. 14.30(g), effective July 1, 2015.

Prior to that, this section was G.S. 143B-390.3, and was recodified as G.S. 143B-289.21 by Session Laws 1993, c. 321, s. 28(d), effective July 1, 1993. This section was subsequently recodified as G.S. 143B-289.42 by Session Laws 1997-400, s. 6.3(b).

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

§ 143B-135.186. Local advisory committees; duties; membership.

Local advisory committees created pursuant to G.S. 143B-135.182(a)(2) shall assist each North Carolina Aquarium in its efforts to establish projects and programs and to assure adequate citizen-consumer input into those efforts. Members of these committees shall be appointed by the Secretary of Natural and Cultural Resources for three-year terms from nominations made by the Director of the Division of North Carolina Aquariums. Each committee shall select one of its members to serve as chairperson. Members of the committees shall serve without compensation for services or expenses.

History

(1991, c. 320, s. 4; 1993, c. 321, ss. 28(d), 28(f); 1997-286, s. 4; 1997-400, s. 6.3(b), (d); 1997-443, ss. 11A.119(a), 11A.123; 2015-241, s. 14.30(g), (n); 2015-268, s. 5.4(c).)

Editor's Note. - Former G.S. 143B-289.43 was recodified as G.S. 143B-135.186 by Session Laws 2015-241, s. 14.30(g), effective July 1, 2015.

Prior to that, this section was G.S. 143B-390.4, and was recodified as G.S. 143B-289.22 by Session Laws 1993, c. 321, s. 28, effective July 1, 1993. This section was subsequently recodified as G.S. 143B-289.43 by Session Laws 1997-400, s. 6.3(b).

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(n), effective July 1, 2015, substituted "G.S. 143B- 135.182(a)(2)" for "G.S. 143B-289.41(a)(1b)" in the first sentence and "Secretary of Natural and Cultural Resources" for "Secretary of Environment and Natural Resources" in the second sentence.

Session Laws 2015-268, s. 5.4(c), effective July 1, 2015, substituted "Division of North Carolina Aquariums" for "Office of Marine Affairs" at the end of the second sentence.

§ 143B-135.188. North Carolina Aquariums; fees; fund.

1. Fees. - The Secretary of Natural and Cultural Resources may adopt a schedule of fees for the aquariums and piers operated by the North Carolina Aquariums, including:
   1. Gate admission fees.
   2. Facility rental fees.
   3. Educational programs.
2. Fund. - The North Carolina Aquariums Fund is hereby created as a special fund. The North Carolina Aquariums Fund shall be used for the following purposes with respect to the aquariums and the pier operated by the Division of North Carolina Aquariums:
   1. Repair, renovation, expansion, maintenance, and educational exhibit construction. Funds used for repair, renovation, and expansion projects may be transferred to a capital projects fund to account for use of the funds for each project.
   2. Payment of the debt service and lease payments related to the financing of facility expansions, subject to G.S. 143B-135.190.
   3. Matching of private funds that are raised for these purposes.
3. Disposition of Receipts. - All receipts derived from the collection of admissions charges and other fees and the lease or rental of property or facilities shall be credited to the aquariums' General Fund operating budget. At the end of each fiscal year, the Secretary may transfer from the North Carolina aquariums' General Fund operating budget to the North Carolina Aquariums Fund an amount not to exceed the sum of the following:
   1. One million five hundred thousand dollars ($1,500,000).
   2. The amount needed to cover the expenses described by subdivision (2) of subsection (b) this section.
   3. Any donations, gifts, and devises received by the North Carolina aquariums.
4. Approval. - The Secretary may approve the use of the North Carolina Aquariums Fund for repair and renovation projects at the aquariums-related facilities that comply with the following:
   1. The total project cost is less than three hundred thousand dollars ($300,000).
   2. The project meets the requirements of G.S. 143C-8-13(a).
   3. The project is paid for from funds appropriated to the Fund.
   4. The project does not obligate the State to provide increased recurring funding for operations.
5. Repealed by Session Laws 2015-286, s. 4.12(d), effective October 22, 2015.
6. Report. - The Department shall submit to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division by September 30 of each year a report on the North Carolina Aquariums Fund that shall include the source and amounts of all funds credited to the Fund and the purpose and amount of all expenditures from the Fund during the prior fiscal year.

History

(1997-286, s. 5; 1997-400, s. 6.3(b); 1997-443, s. 11A.119(b); 1999-49, s. 2; 2002-159, s. 46; 2005-276, s. 12.10; 2012-142, s. 12.5(a); 2013-413, s. 42(a); 2014-100, s. 14.2C; 2014-115, s. 17; 2015-241, s. 14.30(g), (n); 2015-268, s. 5.4(d); 2015-286, s. 4.12(d); 2016-94, s. 16.6(b); 2017-57, ss. 14.3(h), 36.12(e).)

Editor's Note. - Former G.S. 143B-289.44 was recodified as G.S. 143B-135.188 by Session Laws 2015-241, s. 14.30(g), effective July 1, 2015.

Prior to that, this section was numbered G.S. 143B-289.23. It was recodified as G.S. 143B-289.44 by Session Laws 1997-400, s. 6.3(b).

Session Laws 2013-413, s. 61(b), provides: "Except as otherwise provided, this act is effective when it becomes law [August 23, 2013]." Session Laws 2013-413, s. 60(c), had provided that: "This act becomes effective July 1, 2015." Session Laws 2014-115, s. 17, amended Session Laws 2013-413, s. 60(c), to replace the reference to "This act" with the words "This Part."

Session Laws 2013-413, s. 61(a) is a severability clause.

Effect of Amendments. - Session Laws 2005-276, s. 12.10, effective July 1, 2005, inserted "to pay the debt service and lease payments related to the financing of expansions of aquariums, including other relevant satellite areas" in subsection (b).

Session Laws 2012-142, s. 12.5(a), effective July 2, 2012, substituted "aquariums" for "aquariums, including other relevant satellite areas" near the end of subsection (b).

Session Laws 2013-413, s. 42(a), substituted "fees for the aquariums and piers operated by the North Carolina Aquariums, including" for "uniform entrance fees for the North Carolina Aquariums" in subsection (a); and added subdivisions (a)(1), (a)(2), and (a)(3). For effective date, see editor's note.

Session Laws 2014-100, s. 14.2C, effective July 1, 2014, added the last sentence in subsection (c).

Session Laws 2015-241, s. 14.30(n), effective July 1, 2015, substituted "Secretary of Natural and Cultural Resources" for "Secretary of Environment and Natural Resources" in subsection (a); in subsection (b), deleted "and nonreverting" preceding "fund" and added "the following" at the end; rewrote subdivisions (b)(1) through (b)(3) and subsection (c); added subsection (d); redesignated former subsection (d) as subsection (e); and in subsection (e), added the subsection catchline, deleted "the Joint Legislative Commission on Governmental Operations" following "submit" and substituted "appropriations committees with jurisdiction over natural and economic resources" for "Appropriations Subcommittees on Natural and Economic Resources."

Session Laws 2015-268, s. 5.4(d), effective July 1, 2015, rewrote subsection (b); and deleted "entrance" preceding "fee receipts" near the beginning of the second sentence of subsection (c).

Session Laws 2015-286, s. 4.12(d), effective October 22, 2015, deleted subsection (d) (now (e)), which read: "(e) Report. - The Division of North Carolina Aquariums shall submit to the House and Senate appropriations committees with jurisdiction over natural and economic resources, and the Fiscal Research Division by September 30 of each year a report on the North Carolina Aquariums Fund that shall include the source and amounts of all funds credited to the Fund and the purpose and amount of all expenditures from the Fund during the prior fiscal year."

Session Laws 2016-94, s. 16.6(b), effective July 1, 2016, in subsection (c), substituted "Receipts" for "Fees" in the subsection heading, substituted "All receipts derived from the collection of admissions charges and other fees and the lease or rental of property or facilities" for "All fee receipts" in the first sentence; substituted "One million five hundred thousand dollars ($1,500,000)" for "One million dollars ($1,000,000)" in subdivision (c)(1); added subdivisions (c)(3), (d)(3) and (d)(4); and added subsection (f).

Session Laws 2017-57, s. 14.3(h), effective July 1, 2017, added the second sentence in subdivision (b)(1); and substituted "donations, gifts, and devises" for "private donations" in subdivision (c)(3).

Session Laws 2017-57, s. 36.12(e), effective July 1, 2019, substituted "G.S. 143C-8-13(a)" for "G.S. 143C-4-3(b)" in subdivision (d)(2).

§ 143B-135.190. Satellite areas prohibited absent General Assembly authorization.

Notwithstanding any other provision of law, State funds shall not be used for any of the following purposes unless specifically authorized by the General Assembly:

1. Construction of any satellite area.
2. Commencement of any capital project in connection with the construction or acquisition of any satellite area.
3. Operation of any satellite area.

For purposes of this section, the term "satellite area" means any property or facility that is to be operated by the Division of North Carolina Aquariums that is located somewhere other than on the site of the aquariums at Pine Knoll Shores, Roanoke Island, and Fort Fisher.

History

(2012-142, s. 12.5(c); 2015-241, s. 14.30(g).)

Editor's Note. - Former G.S. 143B-289.45 was recodified as G.S. 143B-135.190 by Session Laws 2015-241, s. 14.30(g), effective July 1, 2015.

Session Laws 2012-142, s. 12.5(d) and (d1), provides: "(d) Notwithstanding G.S. 143B-289.45, as enacted by subsection (c) of this section, the Division of North Carolina Aquariums may continue to operate the North Carolina Aquarium Pier at Nags Head.

"(d1) Grants for projects with partnering local municipalities awarded prior to the effective date of this act [July 2, 2012] may be transferred to the local partnering municipality for completion or fulfillment."

Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'"

Session Laws 2012-142, s. 27.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year."

Session Laws 2012-142, s. 27.7, is a severability clause.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

PART 38. NORTH CAROLINA PARKS AND RECREATION AUTHORITY.

§ 143B-135.200. North Carolina Parks and Recreation Authority; creation; powers and duties.

The North Carolina Parks and Recreation Authority is created, to be administered by the Department of Natural and Cultural Resources. The North Carolina Parks and Recreation Authority shall have at least the following powers and duties:

1. To receive public and private donations, appropriations, grants, and revenues for deposit into the Parks and Recreation Trust Fund.
2. To allocate funds for land acquisition from the Parks and Recreation Trust Fund.
3. To allocate funds for repairs, renovations, improvements, construction, and other capital projects from the Parks and Recreation Trust Fund.
4. To solicit financial and material support from public and private sources.
5. To develop effective public and private support for the programs and operations of the parks and recreation areas.
6. To consider and to advise the Secretary of Natural and Cultural Resources on any matter the Secretary may refer to the North Carolina Parks and Recreation Authority.

History

(1995, c. 456, s. 1; 1997-443, s. 11A.119(a); 2015-241, s. 14.30(h), (o).)

Editor's Note. - Former Part 13A of Article 7 of Chapter 143B (G.S. 143B-313.1, G.S. 143B-313.2) is recodified as Part 38 of Article 2 of Chapter 143B (G.S. 143B-135.200, G.S. 143B-135.202) by Session Laws 2015-241, s. 14.30(h), effective July 1, 2015. Where appropriate, the historical citations to the sections in the former Article have been added to corresponding sections in the Part as rewritten and recodified.

Former G.S. 143B-313.1 was recodified as G.S. 143B-135.200 by Session Laws 2015-241, s. 14.30(h), effective July 1, 2015.

Session Laws 2015-241, s. 14.30(b), provides: "All functions, powers, duties, and obligations vested in the following commissions, boards, councils, and committees within the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Department of Natural and Cultural Resources by a Type II transfer, as defined in G.S. 143A-6:

"(1) North Carolina Parks and Recreation Authority.

"(2) North Carolina Trails Committee.

"(3) North Carolina Zoological Park Council.

"(4) Advisory Commission for North Carolina State Museum of Natural Sciences.

"(5) Clean Water Management Trust Fund Board of Trustees."

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(o), effective July 1, 2015, substituted "Natural and Cultural Resources" for "Environment and Natural Resources" in the introductory paragraph and subdivision (6).

§ 143B-135.202. North Carolina Parks and Recreation Authority; members; selection; compensation; meetings.

1. Membership. - The North Carolina Parks and Recreation Authority shall consist of nine members. The members shall include persons who are knowledgeable about park and recreation issues in North Carolina or with expertise in finance. In making appointments, each appointing authority shall specify under which subdivision of this subsection the person is appointed. Members shall be appointed as follows:
   1. One member appointed by the Governor.
   2. One member appointed by the Governor.
   3. One member appointed by the Governor.
   4. One member appointed by the Governor.
   5. One member appointed by the Governor.
   6. One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives, as provided in G.S. 120-121.
   7. One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives, as provided in G.S. 120-121.
   8. One member appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, as provided in G.S. 120-121.
   9. One member appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, as provided in G.S. 120-121.
2. Terms. - Members shall serve staggered terms of office of three years. Members shall serve no more than two consecutive three-year terms. After serving two consecutive three-year terms, a member is not eligible for appointment to the Authority for at least one year after the expiration date of that member's most recent term. Upon the expiration of a three-year term, a member may continue to serve until a successor is appointed and duly qualified as provided by G.S. 128-7. The terms of members appointed under subdivisions (1), (6), and (8) of subsection (a) of this section shall expire on July 1 of years that are evenly divisible by three, with the initial appointments expiring July 1, 2022. The terms of members appointed under subdivisions (2), (3), and (4) of subsection (a) of this section shall expire on July 1 of years that follow by one year those years that are evenly divisible by three, with the initial appointments expiring July 1, 2020. The terms of members appointed under subdivisions (5), (7), and (9) of subsection (a) of this section shall expire on July 1 of years that precede by one year those years that are evenly divisible by three, with the initial appointments expiring July 1, 2021.
3. Chair. - The Governor shall appoint one member of the North Carolina Parks and Recreation Authority to serve as Chair.
4. Vacancies. - A vacancy on the North Carolina Parks and Recreation Authority shall be filled by the appointing authority responsible for making the appointment to that position as provided in subsection (a) of this section. An appointment to fill a vacancy shall be for the unexpired balance of the term.
5. Removal. - The Governor may remove, as provided in Article 10 of Chapter 143C of the General Statutes any member of the North Carolina Parks and Recreation Authority appointed by the Governor for misfeasance, malfeasance, or nonfeasance. The General Assembly may remove any member of the North Carolina Parks and Recreation Authority appointed by the General Assembly for misfeasance, malfeasance, or nonfeasance.
6. Compensation. - The members of the North Carolina Parks and Recreation Authority shall receive per diem and necessary travel and subsistence expenses according to the provisions of G.S. 138-5.
7. Meetings. - The North Carolina Parks and Recreation Authority shall meet at least quarterly at a time and place designated by the Chair.
8. Quorum. - A majority of the North Carolina Parks and Recreation Authority shall constitute a quorum for the transaction of business.
9. Staff. - All clerical and other services required by the North Carolina Parks and Recreation Authority shall be provided by the Secretary of Natural and Cultural Resources.

History

(1995, c. 456, s. 1; 1996, 2nd Ex. Sess., c. 15, s. 16.1; 1997-443, s. 11A.119(a); 1997-496, s. 10; 2001-424, s. 19.3(a); 2006-203, s. 105; 2007-437, s. 2; 2013-360, s. 14.5(a); 2015-241, s. 14.30(h), (o); 2019-32, s. 2.)

Editor's Note. - Former G.S. 143B-313.2 was recodified as G.S. 143B-135.202 by Session Laws 2015-241, s. 14.30(h), effective July 1, 2015.

Session Laws 2013-360, s. 14.5(b), provides: "The terms of all members of the North Carolina Parks and Recreation Authority shall expire on July 31, 2013. A new Authority consisting of nine members shall be appointed as provided in G.S. 143B-313.2, as amended by subsection (a) of this section. This subsection becomes effective on July 31, 2013."

Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'"

Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium."

Session Laws 2013-360, s. 38.5, is a severability clause.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Session Laws 2019-32, s. 7, provides: "This act becomes effective July 1, 2019. All rules, regulations, and decisions made by the predecessor boards and authorities reconstituted in this act shall remain in full force and effect until and unless duly modified by the successor entities."

Effect of Amendments. - Session Laws 2006-203, s. 105, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter, substituted "Article 10 of Chapter 143C of the General Statutes" for "G.S. 143-13" in subsection (e).

Session Laws 2007-437, s. 2, effective August 23, 2007, in subsection (a), substituted "15 members" for "11 members" in the first sentence of the introductory paragraph and added subdivisions (a)(3a), (a)(3b), (a)(7a) and (a)(12); and, in subsection (b), inserted "(3a)" in the fourth sentence, inserted and "(3b)" in the fifth sentence, and substituted "(7a), (10), or (12)" for "or (10)" in the last sentence.

Session Laws 2013-360, s. 14.5(a), effective July 31, 2013, substituted "nine" for "15" in subsection (a); deleted subdivisions (a)(3a), (a)(3b), (a)(7), (a)(7a), (a)(11), and (a)(12); and in subsection (b), deleted "(3a)" preceding "(5)" and "(7)" preceding "or (9)" in the fifth sentence, in the sixth sentence, deleted "(3b)" preceding "(4)" and substituted "or (8)" for "(8), or (11)," and in the last sentence, substituted "or (10)" for "(7a), (10), or (12)."

Session Laws 2015-241, s. 14.30(o), effective July 1, 2015, in subsection (a), deleted former repealed subdivisions and redesignated remaining subdivisions; in subsection (b), substituted "subdivision (1), (5), or (8)" for "subdivision (1), (5), or (9)" in the fifth sentence, substituted "subdivision (2), (4), or (7)" for "subdivision (2), (4), or (8)" in the sixth sentence and substituted "subdivision (3), (6), or (9)" for "subdivision (3), (6), or (10)" in the last sentence; and substituted "Secretary of Natural and Cultural Resources" for "Secretary of Environment and Natural Resources" in subsection (i).

Session Laws 2019-32, s. 2, in subsection (a), rewrote subdivisions (a)(4) and (a)(5) which formerly read: "One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives, as provided in G.S. 120-121", and substituted "Speaker of the House of Representatives" for "President Pro Tempore of the Senate" in (a)(7); and rewrote subsection (b). For effective date and applicability, see editor's note.

Legal Periodicals. - For 1997 legislative survey, see 20 Campbell L. Rev. 450 (1998).

PART 39. NORTH CAROLINA ZOOLOGICAL PARK.

§ 143B-135.204. Powers and duties of the Secretary.

1. Operation of Park. - The Secretary of the Department of Natural and Cultural Resources may adopt rules governing the operation of the Zoological Park, including rules regulating its use and enjoyment by the public.
2. Park Property. - The Secretary of the Department of Natural and Cultural Resources may acquire, dispose of, and develop Zoological Park property, both real and personal. A sale, lease, or trade under this subsection must be conducted in accordance with generally accepted practices for zoos and aquariums that are accredited by the American Association of Zoos and Aquariums.

History

(2019-241, s. 1(b).)

Editor's Note. - Session Laws 2019-241, s. 1(a), effective November 6, 2019, rewrote the Part heading, which formerly read "North Carolina Zoological Park Council."

Session Laws 2019-241, s. 14, made this section effective November 6, 2019.

§ 143B-135.205. North Carolina Zoological Park Council - creation; powers and duties.

There is hereby created the North Carolina Zoological Park Council of the Department of Natural and Cultural Resources. The North Carolina Zoological Park Council shall have the following functions and duties:

1. To advise the Secretary on the basic concepts of and for the Zoological Park, approve conceptual plans for the Zoological Park and its buildings.
2. To advise on the construction, furnishings, equipment and operations of the North Carolina Zoological Park.
3. To establish and set admission fees with the approval of the Secretary of Natural and Cultural Resources as provided in G.S. 143B-135.213.
4. To recommend programs to promote public appreciation of the North Carolina Zoological Park.
5. To disseminate information on animals and the park as deemed necessary.
6. To develop effective public support of the North Carolina Zoological Park through whatever means are desirable and necessary.
7. To solicit financial and material support from various private sources within and without the State of North Carolina.
8. To advise the Secretary of Natural and Cultural Resources upon any matter the Secretary may refer to it.

History

(1973, c. 1262, s. 83; 1977, c. 771, s. 4; 1981, c. 278, s. 2; 1989, c. 727, s. 218(147); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(i), (p).)

Editor's Note. - Former Part 22 of Article 7 of Chapter 143B (G.S. 143B-335 to 143B-336.1) was recodified as Part 39 of Article 2 of Chapter 143B (G.S. 143B-135.205 to 143B-135.209) by Session Laws 2015-241, s. 14.30(i), effective July 1, 2015. Where appropriate, the historical citations to the sections in the former Article have been added to corresponding sections in the Part as rewritten and recodified.

Former G.S. 143B-335 was recodified as G.S. 143B-135.205 by Session Laws 2015-241, s. 14.30(i), effective July 1, 2015.

Session Laws 2015-241, s. 14.11(b), provides: "The Department of Environment and Natural Resources, or any other department given responsibilities for the North Carolina Zoological Park, State parks, and the North Carolina Aquariums, may establish admission fees and related activity fees for those sites and facilities. In setting these fees, the Department of Environment and Natural Resources shall use a dynamic pricing strategy as defined in subsection (e) of this section. Any rule currently in the Administrative Code related to fees covered by subsection (a) of this section is ineffective and repealed upon the effective date of new admission fees and related activity fees adopted by the Department under the authority set out in that subsection. Notice of the initial adoption of new admission fees and related activity fees under subsection (a) of this section shall be given by the Department to the Codifier of Rules, who, upon receipt of notice of the initial adoption of new admission fees and related activity fees by the Department, shall note the repeal of these rules in the Administrative Code. Nothing in this subsection is intended to authorize the Department or any other department to charge new parking fees at the North Carolina Zoological Park, State parks, or the North Carolina Aquariums or to charge an admission fee at any other site or facility that does not currently charge an admission fee."

Session Laws 2015-241, s. 14.11(e), provides: "For purposes of this section, 'dynamic pricing' is the adjustment of fees for admission and related activities from time to time to reflect market forces, including seasonal variations and special event interests, with the intent and effect to maximize revenues from use of these State resources to the extent practicable to offset appropriations from the General Assembly."

Session Laws 2015-241, s. 14.11(i), provides: "This section applies to admission fees or related activity fees charged on or after the effective date of this act [July 1, 2015]."

Session Laws 2015-241, s. 14.30(a), as amended by Session Laws 2015-268, s. 5.4(a), provides: "The Department of Cultural Resources is renamed the Department of Natural and Cultural Resources, and all functions, powers, duties, and obligations vested in the following programs, divisions, and entities within the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Department of Natural and Cultural Resources by a Type I transfer, as defined in G.S. 143A-6:

"(1) The Division of Parks and Recreation.

"(2) The State Parks System, including Mount Mitchell State Park.

"(3) The North Carolina Aquariums Division.

"(4) The North Carolina Zoological Park.

"(5) The North Carolina Museum of Natural Sciences.

"(6) Clean Water Management Trust Fund.

"(7) The Natural Heritage Program, within the Office of Land and Water Stewardship."

Session Laws 2015-241, s. 14.30(b), provides: "All functions, powers, duties, and obligations vested in the following commissions, boards, councils, and committees within the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Department of Natural and Cultural Resources by a Type II transfer, as defined in G.S. 143A-6:

"(1) North Carolina Parks and Recreation Authority.

"(2) North Carolina Trails Committee.

"(3) North Carolina Zoological Park Council.

"(4) Advisory Commission for North Carolina State Museum of Natural Sciences.

"(5) Clean Water Management Trust Fund Board of Trustees."

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(p), effective July 1, 2015, redesignated former subdivisions (2a) through (7) as subdivisions (4) through (8) and made minor punctuation changes; substituted "Natural and Cultural Resources" for "Environment and Natural Resources" in the introductory paragraph and in subdivisions (3) and (8); and substituted "G.S. 143B-135.213" for "G.S. 143-177.3(b)" in subdivision (3).

§ 143B-135.207. North Carolina Zoological Park Council - members; selection; removal; chairman; compensation; quorum; services.

The North Carolina Zoological Park Council of the Department of Natural and Cultural Resources shall consist of 15 members appointed by the Governor, one of whom shall be the Chairman of the Board of Directors of the North Carolina Zoological Society.

At the end of the respective terms of office of the initial members of the Council, the Governor, to achieve staggered terms, shall appoint five members for terms of two years, five members for terms of four years and five members for terms of six years. Thereafter, the appointment of their successors shall be for terms of six years and until their successors are appointed and qualify. Any appointment to fill a vacancy on the Council created by the resignation, dismissal, death or disability of a member shall be for the balance of the unexpired term.

The Governor shall have the power to remove any member of the Council from office in accordance with the provisions of G.S. 143B-16 of the Executive Organization Act of 1973.

The Governor shall designate a member of the Council to serve as chairman at his pleasure.

Members of the Council shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.

A majority of the Council shall constitute a quorum for the transaction of business.

All clerical and other services required by the Council shall be supplied by the Secretary of Natural and Cultural Resources.

History

(1973, c. 1262, s. 84; 1977, c. 771, s. 4; 1979, c. 30, s. 1; 1989, c. 727, s. 218(148); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(i), (p).)

Editor's Note. - Former G.S. 143B-336 was recodified as G.S. 143B-135.207 by Session Laws 2015-241, s. 14.30(i), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(p), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Environment and Natural Resources" in the first paragraph, deleted the former first sentence of the second paragraph, which read: "The initial members of the Council shall be the members of the Board of Directors of the North Carolina Zoo Authority who shall serve for a period equal to the remainder of their current terms on the Board of Directors of the North Carolina Zoological Authority, all of whose terms expire July 15, 1975.", and substituted "Secretary of Natural and Cultural Resources" for "Secretary of Environment and Natural Resources" in the last paragraph.

§ 143B-135.209. North Carolina Zoo Fund.

1. Fund. - The North Carolina Zoo Fund is created as a special fund. The North Carolina Zoo Fund shall be used for the following types of projects at the North Carolina Zoological Park and to match private funds raised for these types of projects:
   1. Repair, renovation, expansion, maintenance, and educational exhibit construction. Funds used for repair, renovation, and expansion projects may be transferred to a capital projects fund to account for use of the funds for each project.
   2. Renovations of exhibits in habitat clusters, visitor services facilities, and support facilities (including greenhouses and temporary animal holding areas).
   3. The acquisition, maintenance, or replacement of tram equipment as required to maintain adequate service to the public.
2. Disposition of Receipts. - All receipts derived from the collection of admissions charges and other fees, the lease or rental of property or facilities, and the disposition of products of the land or structures shall be credited to the North Carolina Zoological Park's General Fund operating budget. At the end of each fiscal year, the Secretary may transfer from the North Carolina Zoological Park's General Fund operating budget to the North Carolina Zoo Fund an amount not to exceed the sum of one million five hundred thousand dollars ($1,500,000) and any donations, gifts, and devises received by the North Carolina Zoological Park.
3. Approval. - The Secretary may approve the use of the North Carolina Zoo Fund for repair and renovation projects at the North Carolina Zoological Park recommended by the Council that comply with the following:
   1. The total project cost is less than three hundred thousand dollars ($300,000).
   2. The project meets the requirements of G.S. 143C-8-13(a).
   3. The project is paid for from funds appropriated to the Fund.
   4. The project does not obligate the State to provide increased recurring funding for operations.
4. Report. - The Department shall submit to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division by September 30 of each year a report on the North Carolina Zoo Fund that shall include the source and amounts of all funds credited to the Fund and the purpose and amount of all expenditures from the Fund during the prior fiscal year.

History

(1989, c. 752, s. 154; 1995, c. 324, s. 26.11; 1997-443, s. 11A.119(a); 2000-140, s. 93.1(a); 2001-424, s. 12.2(b); 2005-386, s. 5; 2010-142, s. 4; 2015-241, s. 14.30(i), (p); 2016-94, s. 16.6(a); 2017-57, ss. 14.3(i), 36.12(f).)

Editor's Note. - Former G.S. 143B-336.1 was recodified as G.S. 143B-135.209 by Session Laws 2015-241, s. 14.30(i), effective July 1, 2015

Session Laws 2011-145, s. 13.24, provides: "The Department of Environment and Natural Resources shall enter into a contract for the operation of at least three of the gift shops located at the North Carolina Zoological Park during the 2011-2012 fiscal year and the 2012-2013 fiscal year, and this contract shall provide that any profits that result from operating these gift shops during the 2011-2012 fiscal year and the 2012-2013 fiscal year are credited at the end of each quarter to the Special Zoo Fund created under G.S. 143B-336.1. The provisions of Article 3 and Article 8 of Chapter 143 of the General Statutes apply to any contract entered into under this section."

Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'"

Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium."

Session Laws 2011-145, s. 32.5, is a severability clause.

Effect of Amendments. - Session Laws 2005-386, s. 5, effective September 13, 2005, in the third sentence, inserted "and for marketing the Zoological Park" at the end, and made a related stylistic change; and substituted "that" for "which" in the fourth sentence.

Session Laws 2010-142, s. 4, effective July 22, 2010, in the last sentence, substituted the language "shall provide a report on or before October 1 of each year ... Commission on Governmental Operations" for "shall provide an annual report to the Office of State Budget and Management and to the Fiscal Research Division of the Legislative Services Office."

Session Laws 2015-241, s. 14.30(p), effective July 1, 2015, rewrote the section.

Session Laws 2016-94, s. 16.6(a), effective July 1, 2016, in subsection (b), substituted "Receipts" for "Fees" in the subsection heading, substituted "All receipts derived from the collection of admissions charges and other fees and the lease or rental of property or facilities" for "All fee receipts" in the first sentence, and substituted "the sum of one million five hundred thousand dollars ($1,500,000) and any private donations received by the North Carolina Zoological Park" for "one million dollars ($1,000,000)" in the last sentence; added subdivisions (c)(3) and (c)(4); and substituted "Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources" for "House and Senate appropriations committees with jurisdiction over natural and economic resources" in subsection (d).

Session Laws 2017-57, s. 14.3(i), effective July 1, 2017, added the second sentence in subdivision (a)(1); in subsection (b), added "and the disposition of products of the land or structures," substituted "donations, gifts, and devises" for "private donations" and made a stylistic change.

Session Laws 2017-57, s. 36.12(f), effective July 1, 2019, substituted "G.S. 143C-8-13(a)" for " G.S. 143C-4-3(b)" in subdivision (c)(2).

§ 143B-135.210. Right to receive gifts.

In order to carry out the purposes of this Part, the Council is authorized to acquire by gift or will, absolutely or in trust, from individuals, corporations, or any other source money or other property, or any interests in property, which may be retained, sold or otherwise used to promote the purposes of this Part. The use of gifts shall be subject to such limitations as may be imposed thereon by donors, notwithstanding any other provisions of this Part.

History

(1969, c. 1104, s. 8; 2015-241, s. 14.30(j), (q).)

Editor's Note. - Former G.S. 143-177 was recodified as G.S. 143B-135.210 by Session Laws 2015-241, s. 14.30(j), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(q), effective July 1, 2015, substituted "Part" for "Article" throughout the section and substituted "Council" for "Board" in the first sentence.

§ 143B-135.211. Tax exemption for gifts to North Carolina Zoological Park.

All gifts made to the North Carolina Zoological Park for the purposes of this Part shall be exempt from every form of taxation including, but not by the way of limitation, ad valorem, intangible, gift, inheritance and income taxation. Proceeds from the sale of any property acquired under the provisions of this Part shall be deposited in the North Carolina State treasury and shall be credited to the North Carolina Zoological Park.

History

(1969, c. 1104, s. 9; 1973, c. 1262, s. 85; 2015-241, s. 14.30(j), (q).)

Editor's Note. - Former G.S. 143-177.1 was recodified as G.S. 143B-135.211 by Session Laws 2015-241, s. 14.30(j), effective July 1, 2015.

Session Laws 2015-241, s. 14.11(b), provides: "The Department of Environment and Natural Resources, or any other department given responsibilities for the North Carolina Zoological Park, State parks, and the North Carolina Aquariums, may establish admission fees and related activity fees for those sites and facilities. In setting these fees, the Department of Environment and Natural Resources shall use a dynamic pricing strategy as defined in subsection (e) of this section. Any rule currently in the Administrative Code related to fees covered by subsection (a) of this section is ineffective and repealed upon the effective date of new admission fees and related activity fees adopted by the Department under the authority set out in that subsection. Notice of the initial adoption of new admission fees and related activity fees under subsection (a) of this section shall be given by the Department to the Codifier of Rules, who, upon receipt of notice of the initial adoption of new admission fees and related activity fees by the Department, shall note the repeal of these rules in the Administrative Code. Nothing in this subsection is intended to authorize the Department or any other department to charge new parking fees at the North Carolina Zoological Park, State parks, or the North Carolina Aquariums or to charge an admission fee at any other site or facility that does not currently charge an admission fee."

Session Laws 2015-241, s. 14.11(e), provides: "For purposes of this section, 'dynamic pricing' is the adjustment of fees for admission and related activities from time to time to reflect market forces, including seasonal variations and special event interests, with the intent and effect to maximize revenues from use of these State resources to the extent practicable to offset appropriations from the General Assembly."

Session Laws 2015-241, s. 14.11(g), as amended by Session Laws 2015-268, s. 5.5, provides: "The Department of Environment and Natural Resources, or any other department given responsibilities for the North Carolina Zoological Park, State parks, and the North Carolina Aquariums may not impose fees on school groups visiting those attractions. For purposes of this section, 'fees' refers to the regular admission charge, and does not include a separate admission charge for a special temporary exhibition or a special program."

Session Laws 2015-241, s. 14.11(i), provides: "This section applies to admission fees or related activity fees charged on or after the effective date of this act [July 1, 2015]."

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(q), effective July 1, 2015, substituted "Tax exemption for gifts to North Carolina Zoological Park" for "North Carolina Zoological Park Fund" in the section heading and substituted "Part" for "Article" twice.

§ 143B-135.212. Cities and counties.

Cities and counties are hereby authorized to expend funds derived from nontax sources and to make gifts of surplus property, to assist in carrying out the purposes of this Part.

History

(1969, c. 1104, s. 10; 2015-241, s. 14.30(j), (q).)

Editor's Note. - Former G.S. 143-177.2 was recodified as G.S. 143B-135.212 by Session Laws 2015-241, s. 14.30(j), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(q), effective July 1, 2015, substituted "Part" for "Article."

§ 143B-135.213. Sources of funds.

1. It is the intent of this Part that the funds for the creation, establishment, construction, operation and maintenance of the North Carolina Zoological Park shall be obtained primarily from private sources; however, the Council under the supervision and approval and with the assistance of the Secretary of Natural and Cultural Resources is hereby authorized to receive and expend such funds as may from time to time become available by appropriation or otherwise from the State of North Carolina; provided, that the Council shall not in any manner pledge the faith and credit of the State of North Carolina for any of its purposes.
2. The Council with the approval of the Secretary of Natural and Cultural Resources is authorized to establish and set admission fees which are reasonable and consistent with the purpose and function of the North Carolina Zoological Park.
3. Notwithstanding Article 3A of Chapter 143 of the General Statutes, G.S. 143-49(4), or any other law pertaining to surplus State property, the Council may dispose of any exhibit, exhibit component, or object from the collections of the North Carolina Zoological Park by sale, lease, or trade. A sale, lease, or trade under this subsection shall be conducted in accordance with generally accepted practices for zoos and aquariums that are accredited by the American Association of Zoos and Aquariums. After deducting the expenses attributable to the sale or lease, the net proceeds of any sale or lease shall be credited to the North Carolina Zoo Fund.

History

(1969, c. 1104, s. 11; 1973, c. 1262, s. 85; 1977, c. 771, s. 4; 1981, c. 278, s. 1; 1989, c. 727, s. 218(101); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(j), (q); 2017-57, s. 14.3(j).)

Editor's Note. - Former G.S. 143-177.3 was recodified as G.S. 143B-135.213 by Session Laws 2015-241, s. 14.30(j), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(q), effective July 1, 2015, substituted "Secretary of Natural and Cultural Resources" for "Secretary of Environment and Natural Resources" in subsections (a) and (b); and in subsection (a), substituted "Part" for "Article" and deleted "North Carolina Zoological Park" preceding "Council."

Session Laws 2017-57, s. 14.3(j), effective July 1, 2017, added subsection (c).

§ 143B-135.214. Powers of Council and Department regarding certain fee negotiations, contracts, and capital improvements.

1. The exception for the North Carolina Zoological Park set forth in G.S. 143-341(3) shall apply only to projects requiring the estimated expenditure of public money of two million dollars ($2,000,000) or less. The Council and the Department of Natural and Cultural Resources shall, with respect to the design, construction, or renovation of buildings, utilities, and other property developments of the North Carolina Zoological Park that fall below that threshold:
   1. Conduct the fee negotiations for all design contracts and supervise the letting of all construction and design contracts.
   2. Develop procedures governing the responsibilities of the Council and the Department to perform the duties of the Department of Administration under G.S. 133-1.1(d) and G.S. 143-341(3).
   3. Use existing plans and specifications for construction projects, where feasible. Prior to designing a project, the Council and the Department shall consult with the Department of Administration on the availability of existing plans and specifications and the feasibility of using them for a project.
2. The Council and Department shall use the standard contracts for design and construction currently in use for State capital improvement projects by the Office of State Construction of the Department of Administration.
3. A contract may not be divided for the purpose of evading the monetary limit under this section.
4. Notwithstanding any other provision of this Chapter, the Department of Administration shall not be the awarding authority for contracts awarded pursuant to this section.
5. This section shall not exempt any capital improvement project from review and approval as may be required by law by the entity having jurisdiction over the subject property.
6. The Department shall annually report to the State Building Commission the following:
   1. A list of projects governed by this section.
   2. The estimated cost of each project along with the actual cost.
   3. The name of each person awarded a contract under this section.
   4. Whether the person or business awarded a contract under this section meets the definition of "minority business" or "minority person" as defined in G.S. 143-128.2(g).
7. Unless clearly indicated otherwise, nothing in this section is intended to relieve the Department or the Council from the obligations imposed by Article 3 of Chapter 143 of the General Statutes.

History

(2017-57, s. 36.8(b).)

PART 40. NORTH CAROLINA STATE MUSEUM OF NATURAL SCIENCES.

§ 143B-135.215. Commission created; membership.

There is created an Advisory Commission for the North Carolina State Museum of Natural Sciences which shall determine its own organization. It shall consist of at least nine members, which shall include the Director of the North Carolina State Museum of Natural Sciences, the Commissioner of Agriculture, the State Geologist and Secretary of Natural and Cultural Resources, the Director of the Institute of Fisheries Research of the University of North Carolina, the Director of the Wildlife Resources Commission, the Superintendent of Public Instruction, or qualified representative of any or all of the above-named members, and at least three persons representing the East, the Piedmont, and the Western areas of the State. Members appointed by the Governor shall serve for four-year staggered terms. Terms shall begin on 1 September. Members appointed by the Governor shall not serve more than three consecutive four-year terms. Any member may be removed by the Governor for cause.

History

(1961, c. 1180, s. 1; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1989, c. 727, s. 218(119); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1993, c. 561, ss. 116(b), (f); 1997-443, s. 11A.119(a); 2007-495, s. 4(a); 2015-241, s. 14.30(k), (r).)

State Government Reorganization. - The Museum of Natural History Advisory Commission was transferred to the Department of Agriculture by former G.S. 143A-66, enacted by Session Laws 1971, c. 864. See now G.S. 143B-135.215 et seq.

Editor's Note. - Former Part 29 of Article 7 of Chapter 143B (G.S. 143B-344.18 to G.S. 143B-344.23) was recodified as Part 40 of Article 2 of Chapter 143B (G.S. 143B-135.215 to G.S. 143B-135.229) by Session Laws 2015-241, s. 14.30(k), effective July 1, 2015. Where appropriate, the historical citations to the sections in the former Article have been added to corresponding sections in the Part as rewritten and recodified.

Former G.S. 143B-344.18 was recodified as G.S. 143B-135.215 by Session Laws 2015-241, s. 14.30(k), effective July 1, 2015.

Prior to that, this Part was Article 40 of Chapter 143, as rewritten and recodified by Session Laws 1993, c. 561, s. 116(b), effective August 1, 1993.

Session Laws 1993, c. 561, which recodified this section, in s. 116(a) provides: "The statutory authority, powers, duties, and functions, records, personnel, property, and unexpended balances of approprations, allocations, or other funds of (i) the North Carolina State Museum of Natural Sciences, and of (ii) the Advisory Commission established in Article 40 of Chapter 143 of the General Statutes for the North Carolina State Museum of Natural Sciences, are transferred from the Department of Agriculture to the Department of Environment, Health, and Natural Resources [now the Department of Environment and Natural Resources]. This transfer has all of the elements of a Type I transfer as defined by G.S. 143A-6."

Session Laws 2007-495, s. 4(b), provides: "In order to provide four-year staggered terms for members of the Advisory Commission for the North Carolina State Museum of Natural Sciences, the Governor shall, at the Governor's discretion, extend the terms for those appointees whose terms shall expire on 31 August 2007 to 31 August 2009 and extend the terms for those appointees whose terms shall expire on 31 August 2008 to 31 August 2010. The three-term limitation provision set out in G.S. 143B-344.18, as amended by subsection (a) of this section, shall not apply to persons who are members of the Advisory Commission for the North Carolina State Museum of Natural Sciences at the time this act becomes law." This act became law on August 30, 2007.

Session Laws 2015-241, s. 14.30(r), effective July 1, 2015, substituted the Part heading for one which formerly read: "Advisory Commission for North Carolina State Museum of Natural Sciences."

Session Laws 2015-241, s. 14.30(a), as amended by Session Laws 2015-268, s. 5.4(a), provides: "The Department of Cultural Resources is renamed the Department of Natural and Cultural Resources, and all functions, powers, duties, and obligations vested in the following programs, divisions, and entities within the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Department of Natural and Cultural Resources by a Type I transfer, as defined in G.S. 143A-6:

"(1) The Division of Parks and Recreation.

"(2) The State Parks System, including Mount Mitchell State Park.

"(3) The North Carolina Aquariums Division.

"(4) The North Carolina Zoological Park.

"(5) The North Carolina Museum of Natural Sciences.

"(6) Clean Water Management Trust Fund.

"(7) The Natural Heritage Program, within the Office of Land and Water Stewardship."

Session Laws 2015-241, s. 14.30(b), provides: "All functions, powers, duties, and obligations vested in the following commissions, boards, councils, and committees within the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Department of Natural and Cultural Resources by a Type II transfer, as defined in G.S. 143A-6:

"(1) North Carolina Parks and Recreation Authority.

"(2) North Carolina Trails Committee.

"(3) North Carolina Zoological Park Council.

"(4) Advisory Commission for North Carolina State Museum of Natural Sciences.

"(5) Clean Water Management Trust Fund Board of Trustees."

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2007-495, s. 4.(a), effective August 30, 2007, substituted "four-year staggered terms." for "terms of two years with the first appointments to be made effective September 1, 1961." in the second sentence and added the next-to-last sentence.

Session Laws 2015-241, s. 14.30(r), effective July 1, 2015, substituted "Secretary of Natural and Cultural Resources" for "Secretary of Environment and Natural Resources" in the second sentence.

§ 143B-135.217. Duties of Commission; meetings, formulation of policies and recommendations to Governor and General Assembly.

It shall be the duty of the Advisory Commission for the North Carolina State Museum of Natural Sciences to meet at least twice each year, to formulate policies for the advancement of the Museum, to make recommendations to the Governor and to the General Assembly concerning the Museum, and to assist in promoting and developing wider and more effective use of the North Carolina State Museum of Natural Sciences as an educational, scientific and historical exhibit.

History

(1961, c. 1180, s. 2; 1993, c. 561, ss. 116(b), (f); 2015-241, s. 14.30(k).)

Editor's Note. - Former G.S. 143B-344.19 was recodified as G.S. 143B-135.217 by Session Laws 2015-241, s. 14.30(k), effective July 1, 2015.

Prior to that, this was section was G.S. 143-371. It was recodified by Session Laws 1993, c. 516, s. 116(b).

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

§ 143B-135.219. No compensation of members; reimbursement for expenses.

Members of the Advisory Commission shall serve without compensation and shall be reimbursed for actual expenses incurred while in attendance at meetings of the Commission at the same rate as that established for reimbursement of State employees. Payment for such reimbursement for actual expense shall be made from the Contingency and Emergency Fund.

History

(1961, c. 1180, s. 3; 1993, c. 561, s. 116(b); 2015-241, s. 14.30(k).)

Editor's Note. - Former G.S. 143B-344.20 was recodified as G.S. 143B-135.219 by Session Laws 2015-241, s. 14.30(k), effective July 1, 2015.

Prior to that, this section was G.S. 143-372. It was recodified by Session Laws 1993, c. 561, s. 116(b).

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

§ 143B-135.221. Reports to General Assembly.

The Commission shall prepare and submit a report outlining the needs of the North Carolina State Museum of Natural Sciences and recommendations for improvement of the effectiveness of the North Carolina State Museum of Natural Sciences to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division on or before October 1 of each year.

History

(1961, c. 1180, s. 4; 1993, c. 561, ss. 116(b), (f); 2010-142, s. 5; 2015-241, s. 14.30(k), (r); 2017-57, s. 14.1( ll ).)

Editor's Note. - Former G.S. 143B-344.21 was recodified as G.S. 143B-135.221 by Session Laws 2015-241, s. 14.30(k), effective July 1, 2015.

Prior to that, this section was G.S. 143-373. It was recodified by Session Laws 1993, c. 561, c. 116(b).

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2010-142, s. 5, effective July 22, 2010, rewrote the section, which formerly read: "The Commission shall prepare and submit to the 1995 General Assembly, and to each succeeding General Assembly, a report outlining the needs of the North Carolina State Museum of Natural Sciences and their recommendation for improvement of the effectiveness of the North Carolina State Museum of Natural Sciences for the purpose hereinabove set forth. "

Session Laws 2015-241, s. 14.30(r), effective July 1, 2015, substituted "the General Assembly" for "the 1995 General Assembly, and to each succeeding General Assembly."

Session Laws 2017-57, s. 14.1( ll ), effective July 1, 2017, rewrote the section, which formerly read: "The Commission shall prepare and submit a report outlining the needs of the North Carolina State Museum of Natural Sciences and recommendations for improvement of the effectiveness of the North Carolina State Museum of Natural Sciences for the purpose hereinabove set forth to the General Assembly, to the Fiscal Research Division of the General Assembly, and to the Joint Legislative Commission on Governmental Operations on or before October 1 of each year."

§ 143B-135.223. Museum of Natural Sciences; disposition of objects.

Notwithstanding Article 3A of Chapter 143 of the General Statutes, G.S. 143-49(4), or any other law pertaining to surplus State property, the Department of Natural and Cultural Resources may sell or exchange any object from the collection of the Museum of Natural Sciences when it would be in the best interest of the Museum to do so. Sales or exchanges shall be conducted in accordance with generally accepted practices for accredited museums. If an object is sold, the net proceeds of the sale shall be deposited in the State treasury to the credit of a special fund to be used for the improvement of the Museum's collections or exhibits.

History

(1991 (Reg. Sess., 1992), c. 900, s. 175; 1997-261, s. 24; 1998-212, s. 21(a); 2015-241, s. 14.30(k), (r).)

Editor's Note. - Former G.S. 143B-344.22 was recodified as G.S. 143B-135.223 by Session Laws 2015-241, s. 14.30(k), effective July 1, 2015.

Prior to that, this section was G.S. 106-22.2. It was recodified pursuant to Session Laws 1998-212, s. 21.

Session Laws 1997-443, s. 14.2, effective July 1, 1997, provides for the transfer of the North Carolina Maritime Museum (which was formerly included in this section) and associated funds, resources, and personnel from the Department of Agriculture and Consumer Services to the Department of Cultural Resources.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(r), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Environment and Natural Resources" in the first sentence.

§ 143B-135.225. Museum of Natural Sciences; fees; fund.

1. Fund. - The North Carolina Museum of Natural Sciences Fund is created as a special fund. The North Carolina Museum of Natural Sciences Fund shall be used for repair, renovation, expansion, maintenance, and educational exhibit construction at the North Carolina Museum of Natural Sciences and to match private funds raised for these projects.
2. Certain Admission Fees Permitted; Disposition of Receipts. - The Museum may collect a charge for special exhibitions, special events, and other temporary attractions. All Museum receipts shall be credited to the North Carolina Museum of Natural Sciences' General Fund operating budget. At the end of each fiscal year, the Secretary may transfer from the North Carolina Museum of Natural Sciences' General Fund operating budget to the North Carolina Museum of Natural Sciences Fund an amount not to exceed one million dollars ($1,000,000).
3. Approval. - The Secretary may approve the use of the North Carolina Museum of Natural Sciences Fund for repair and renovation projects at the North Carolina Museum of Natural Sciences recommended by the Advisory Commission that comply with the following:
   1. The total project cost is less than three hundred thousand dollars ($300,000).
   2. The project meets the requirements of G.S. 143C-8-13(a).
4. Report. - The Department shall submit to the House and Senate appropriations committees with jurisdiction over natural and economic resources and the Fiscal Research Division by September 30 of each year a report on the North Carolina Museum of Natural Sciences Fund that shall include the source and amounts of all funds credited to the Fund and the purpose and amount of all expenditures from the Fund during the prior fiscal year.

History

(2015-241, s. 14.30(r); 2015-268, s. 5.4(e); 2017-57, s. 36.12(g).)

Effect of Amendments. - Session Laws 2015-268, s. 5.4(e), effective July 1, 2015, inserted "of Natural Sciences" in subsections (b) and (d); and substituted "Advisory Commission" for "Advisory Council" in the introductory paragraph of subsection (c).

Session Laws 2017-57, s. 36.12(g), effective July 1, 2019, substituted "G.S. 143C-8-13(a)" for "G.S. 143C-4-3(b)" in subdivision (c)(2).

§ 143B-135.227. North Carolina Science Museums Grant Program.

1. Grant Program. - The North Carolina State Museum of Natural Sciences (hereinafter "Museum of Natural Sciences") shall administer the North Carolina Science Museums Grant Program as a competitive grant program. Any museum in the State may apply for a grant under the Program, but grant funds shall be awarded only if the museum meets the criteria established in subsection (d) of this section. No museum shall be guaranteed a grant under the Program.
2. Transition Requirements. - For the 2016-2017 fiscal year, the Museum of Natural Sciences shall award grants for a one-year period as set forth in this subsection. Any museum may submit an application for funding. If the museum received funding during the 2015-2016 fiscal year under the Grassroots Science Program, and the Museum of Natural Sciences determines those museums meet the criteria for funding established in subsection (d) of this section, it shall be funded at a level determined as set forth in subsection (b1) of this section. Funds remaining after funding of eligible 2015-2016 fiscal year Grassroots Science Program recipients may be awarded to other museums under the criteria set forth in subsections (b1), (d), and (e) of this section.
3. Tier-Based Funding Preferences. - The Museum of Natural Sciences shall reserve seven hundred fifty thousand dollars ($750,000) for the purpose of awarding grants to museums located in development tier one counties and six hundred thousand dollars ($600,000) for museums located in development tier two counties. The development tier designation of a county shall be determined as provided in G.S. 143B-437.08. If, after the initial awarding of grants to all museum applicants who meet the eligibility criteria provided for in subsection (d) of this section, there are funds remaining in any development tier category, the Museum of Natural Sciences may reallocate those funds to another development tier category. The maximum amount of each grant awarded in any fiscal year shall be (i) seventy-five thousand dollars ($75,000) for a museum in a development tier one county; (ii) sixty thousand dollars ($60,000) for a museum in a development tier two county; and (iii) fifty thousand dollars ($50,000) for a museum in a development tier three county. For purposes of this subsection, a museum located in a rural census tract, as defined in G.S. 143B-472.127(a)(2), in a development tier two or development tier three county shall be subject to the maximum grant amount for a development tier one county.
4. Beginning July 1, 2017, it is the intent of the General Assembly that the Museum of Natural Sciences shall award grants under this program for a two-year period. For each two-year grant cycle, the Museum of Natural Sciences shall reserve the amounts for development tier one and tier two counties and shall award the maximum grant amounts for each year of the grant cycle as provided in subsection (b1) of this section. The tier-based funding preferences in subsection (b1) of this section and  the requirements of subsections (d) and (e) of this section shall apply to the two-year grants. If there are funds remaining after the awarding of grants to all museum applicants meeting the eligibility criteria set forth in subsection (d) of this section in any grant cycle, the remaining balance of funds shall be distributed equally to all museum applicants awarded funds during that grant cycle without regard to the maximum grant amounts established in subsection (b1) of this section.
5. To be eligible to receive a grant under the competitive grant program, a museum shall demonstrate:
   1. That it is a science center or museum or a children's museum that is physically located in the State.
   2. That it has been open, operating, and exhibiting science or science, technology, engineering, and math (STEM) education objects to the general public at least 120 days of each year for the past two or more years.
   3. That it is either (i) a nonprofit organization that is exempt from federal income taxes pursuant to section 501(c)(3) of the Internal Revenue Code or (ii) an organization that received funding in fiscal year 2015-2016 from the Grassroots Science Program.
   4. That it has on its staff at least one full-time professional person.
   5. That its governing body has adopted a mission statement that includes language that shows the museum has a concentration on science or STEM education.
   6. In its application, in a format to be determined by the Museum of Natural Sciences, a detailed plan for (i) the proposed use of the funds and (ii) measurements to demonstrate at the end of the grant cycle that the use of the funds has had the projected results.
6. The Museum of Natural Sciences shall, in awarding grants under this section, give priority to museums that:
   1. When compared to other museum applicants:
      1. Are located in counties that are more economically distressed according to the annual rankings prepared by the Department of Commerce pursuant to G.S. 143B-437.08(c).
      2. Generate a larger portion of their operating funds from non-State revenue.
      3. Have a higher attendance-to-population ratio.
   2. Partner with other museums in the State to share exhibits, programs, or other activities.
   3. Are not located in close proximity to other science or STEM education museums.
7. The Department may create one new position to administer the program using no more than fifty thousand dollars ($50,000) of funds appropriated to the North Carolina Science Museums Grant Program in each fiscal year. In addition to administering the Grant Program, this position shall also (i) serve as a liaison between grant applicants or recipients and the Museum to answer questions and assist with grant applications; (ii) foster collaboration between the Museum and grant recipients with respect to education program development and the loaning of exhibits from the Museum or between grantee institutions; and (iii) undertake other duties in support of the Grant Program at the discretion of the Director of the Museum.

History

(2015-241, s. 15.18A(b); 2016-94, s. 16.5; 2017-57, s. 14.11.)

Editor's Note. - Session Laws 2015-241, s. 15.18A(a), provides: "Effective July 1, 2016, the Grassroots Science Program within the Department of Commerce is transferred to the North Carolina State Museum of Natural Sciences in the Department of Natural and Cultural Resources, as enacted by Section 14.30 of this act."

Session Laws 2015-241, s. 15.18A(d), provides: "By March 1, 2016, the Museum of Natural Sciences shall submit guidelines for the submission of applications and the awarding of grants for the competitive grant program provided for in subsection (b) of this section to the chairs of the House of Representatives Appropriations Committee on Agriculture and Natural and Economic Resources and the Senate Appropriations Committee on Natural and Economic Resources and the Fiscal Research Division."

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2016-94, s. 16.5, effective July 1, 2016, rewrote the section.

Session Laws 2017-57, s. 14.11, effective July 1, 2017, added the last sentence in subsection (b1).

§ 143B-135.229. North Carolina Museum of Natural Sciences' satellite museums.

1. The Department of Natural and Cultural Resources shall establish and administer the North Carolina Museum of Natural Sciences at Whiteville in Columbus County as a satellite museum of the North Carolina State Museum of Natural Sciences.
2. The Department of Natural and Cultural Resources may enter into agreements with nonprofit organizations to establish satellite museums of the North Carolina State Museum of Natural Sciences that are administered by the nonprofit organizations and meet the requirements of G.S. 143B-135.227(d)(1)-(5).

History

(1998-212, s. 14.1(a); 2015-241, s. 14.30(k), (r); 2019-241, s. 6.)

Editor's Note. - Former G.S. 143B-344.23 was recodified as G.S. 143B-135.229 by Session Laws 2015-241, s. 14.30(k), effective July 1, 2015.

Session Laws 1998-212, s. 14.1(a), originally enacted this section as G.S. 143B-344.22; however, it has been redesignated as G.S. 143B-344.23 at the direction of the Revisor of Statutes.

Session Laws 2014-100, s. 14.20A, provides: "It is the intent of the General Assembly that, if the North Carolina Museum of Forestry (hereinafter 'Museum') fails to raise at least one hundred thousand dollars ($100,000) in non-State funds during the 2014-2015 fiscal year, no State funds after the 2014-2015 fiscal year will be appropriated for the support of the Museum."

Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'"

Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year."

Session Laws 2014-100, s. 38.7, is a severability clause.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(r), effective July 1, 2015, substituted "Museum of Natural Sciences at Whiteville" for "Museum of Forestry" in the section heading and text; and substituted "Department of Natural and Cultural Resources" for "Department of Environment and Natural Resources."

Session Laws 2019-241, s. 6, effective November 6, 2019, substituted "Sciences' satellite museums" for "Sciences at Whiteville; satellite museum" in the section heading; designated the existing provisions as subsection (a); and added subsection (b).

PART 41. CLEAN WATER MANAGEMENT TRUST FUND.

§ 143B-135.230. Purpose.

1. It is the intent of the General Assembly to support and accelerate the State's programs of land conservation and protection and farmland and open space preservation and coordination to find means to assure and increase funding for these programs, to support the long-term management of conservation lands acquired by the State, and to improve the coordination, efficiency, and implementation of the various State and local land protection programs operating in North Carolina.
2. It is the further intent of the General Assembly that moneys from the Fund created under this Part shall be used to help finance projects that enhance or restore degraded surface waters; protect and conserve surface waters, including drinking supplies, and contribute toward a network of riparian buffers and greenways for environmental, educational, and recreational benefits; provide buffers around military bases to protect the military mission; acquire land that represents the ecological diversity of North Carolina; and acquire land that contributes to the development of a balanced State program of historic properties.
3. It is the further intent of the General Assembly that the State's lands should be protected in a manner that minimizes any adverse impacts on the ability of local governments to carry out their broad mandates.

History

(1996, 2nd Ex. Sess., c. 18, s. 27.6(a); 2003-340, s. 1.3; 2007-549, s. 1; 2011-374, s. 2.1; 2014-100, s. 14.8(a); 2015-241, s. 14.30(k1); 2020-78, s. 8.4(a), (b).)

Editor's Note. - Former Article 18 of Chapter 113A (G.S. 113A-251 to G.S. 113A-259) was recodified as Part 41 of Article 2 of Chapter 143B (G.S. 143B-135.230 to G.S. 143B-135.248) by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015. Historical citations and case annotations from former sections have been added to corresponding sections in new Part 41 as recodified.

G.S. 143B-135.248 was repealed by Session Laws 2019-32, s. 1(a), effective July 1, 2019.

Former G.S. 113A-251 was recodified as G.S. 143B-135.231 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015. "Part" was substituted for "Article" in this section at the direction of the Revisor of Statutes.

Session Laws 2003-340, s. 1.3, recodified former G.S. 113-145.1 through 113-145.8 as present G.S. 113A-251 through 113A-259 in Article 18 of Chapter 113A.

For provisions of Session Laws 2006-223 preamble and ss. 1-12, which created the Land and Water Conservation Study Commission, see note at G.S. 113-44.15.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Session Laws 2020-78, s. 22.1, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium."

Session Laws 2020-78, s. 22.3, is a severability clause.

Effect of Amendments. - Session Laws 2007-549, s. 1, effective August 31, 2007, inserted "including innovative pilot projects" in the second sentence of the first paragraph.

Session Laws 2011-374, s. 2.1, effective June 27, 2011, in the first paragraph, inserted "preserve" in the first sentence, and inserted "enhancing" in the last sentence; and in the last paragraph, substituted "and protecting, preserving, and conserving unpolluted surface waters, including enhancement or development of drinking water supplies" for "and protecting and conserving unpolluted surface waters, including urban drinking water supplies" in the first sentence, added the third sentence, and inserted "and the preservation of property for establishing clean water supplies" in the last sentence.

Session Laws 2014-100, s. 14.8(a), effective July 1, 2014, rewrote the section.

Session Laws 2020-78, s. 8.4(a), effective July 1, 2020, recodified G.S. 113A-240(a) and (b) as subsections (a) and (c) of this section.

Session Laws 2020-78, s. 8.4(b), effective July 1, 2020, in subsection (a), in the first sentence, deleted "continue to" preceding "support and" in the beginning and added "and farmland and open space preservation and coordination" near the middle and designated the existing provisions of this section as subsection (b).

Legal Periodicals. - For article, "The Evolution of Modern North Carolina Environmental and Conservation Policy Legislation," see 29 Campbell L. Rev. 535 (2007).

§ 143B-135.232. Definitions.

The following definitions apply in this Part:

1. Repealed by Session Laws 2019-32, s. 1(a), effective July 1, 2019.
2. Fund. - The Clean Water Management Trust Fund created pursuant to this Part.
3. Land. - Real property and any interest in, easement in, or restriction on real property.
4. Local government unit. - Defined in G.S. 159G-20.
5. Trustees. - The trustees of the Clean Water Management Trust Fund.

History

(1996, 2nd Ex. Sess., c. 18, s. 27.6(a); 2003-340, s. 1.3; 2005-454, s. 4; 2006-252, s. 2.13; 2014-100, s. 14.8(b); 2015-241, s. 14.30(k1), (r1); 2019-32, s. 1(a).)

Editor's Note. - Former G.S. 113A-252 was recodified as G.S. 143B-135.232 by Session Laws 2015-241, s. 14.30(k1). At the direction of the Revisor of Statutes, "this Part" was substituted for "this Article" in the introductory language and in subdivision (2).

Session Laws 2015-241, s. 14.30(a), as amended by Session Laws 2015-268, s. 5.4(a), provides: "The Department of Cultural Resources is renamed the Department of Natural and Cultural Resources, and all functions, powers, duties, and obligations vested in the following programs, divisions, and entities within the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Department of Natural and Cultural Resources by a Type I transfer, as defined in G.S. 143A-6:

"(1) The Division of Parks and Recreation.

"(2) The State Parks System, including Mount Mitchell State Park.

"(3) The North Carolina Aquariums Division.

"(4) The North Carolina Zoological Park.

"(5) The North Carolina Museum of Natural Sciences.

"(6) Clean Water Management Trust Fund.

"(7) The Natural Heritage Program, within the Office of Land and Water Stewardship."

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

Session Laws 2019-32, s. 7, provides: "This act becomes effective July 1, 2019. All rules, regulations, and decisions made by the predecessor boards and authorities reconstituted in this act shall remain in full force and effect until and unless duly modified by the successor entities."

Session Laws 2019-32, s. 1(e), provides: "The Chair of the Board of Trustees shall report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the Environmental Review Commission, the Subcommittees of the House of Representatives and Senate Appropriations Committees with jurisdiction over natural and economic resources, and the Fiscal Research Division of the General Assembly regarding the implementation of Section 1.(a) of this act no later than July 1, 2020."

Effect of Amendments. - Session Laws 2005-454, s. 4, effective January 1, 2006, substituted "The following definitions apply" for "As used" in the introductory paragraph; rewrote subdivision (2); and added subdivisions (4a), (4b), (6), and (7).

Session Laws 2006-252, s. 2.13, effective January 1, 2007, substituted "G.S. 143B-437.01" for "G.S. 105-129.3" in subdivision (2).

Session Laws 2014-100, s. 14.8(b), effective July 1, 2014, deleted former subdivisions (2), (4b), (6), and (7), defining "Economically distressed local government unit," "Stormwater quality project," "Wastewater collection system," and "Wastewater treatment works."

Session Laws 2015-241, s. 14.30(r1), effective July 1, 2015, deleted former repealed subdivisions and redesignated the remaining subdivisions.

Session Laws 2019-32, s. 1(a), deleted subdivision (1). For effective date and applicability, see editor's note.

§ 143B-135.234. Clean Water Management Trust Fund.

1. Fund Established. - The Clean Water Management Trust Fund is established as a special revenue fund to be administered by the Department of Natural and Cultural Resources. The Clean Water Management Trust Fund shall also be known as the "Land and Water Fund." The Fund receives revenue from the following sources and may receive revenue from other sources:
   1. Annual appropriations.
   2. Special registration plates under G.S. 20-81.12.
   3. Other special registration plates under G.S. 20-79.7.
   4. Hazard mitigation funds from the Federal Emergency Management Agency and other agencies.
2. Fund Earnings, Assets, and Balances. - The State Treasurer shall hold the Fund separate and apart from all other moneys, funds, and accounts. Any balance remaining in the Fund at the end of any fiscal year shall be carried forward in the Fund for the next succeeding fiscal year. Payments from the Fund shall be made on the warrant of the Chair of the Board of Trustees.
3. Fund Purposes. - Moneys from the Fund are appropriated annually to finance projects to clean up or prevent surface water pollution and for land preservation in accordance with this Part. Revenue in the Fund may be used for any of the following purposes:
   1. To acquire land for riparian buffers for the purposes of providing environmental protection for surface waters and drinking water supplies and establishing a network of riparian greenways for environmental, educational, and recreational uses.
   2. To acquire conservation easements or other interests in real property for the purpose of protecting and conserving surface waters and enhancing drinking water supplies, including the development of water supply reservoirs.
   3. To coordinate with other public programs involved with lands adjoining water bodies to gain the most public benefit while protecting and improving water quality.
   4. To restore previously degraded lands to reestablish their ability to protect water quality.
   5. To facilitate planning that targets reductions in surface water pollution.
   6. To finance innovative efforts, including pilot projects, to improve stormwater management, to reduce pollutants entering the State's waterways, to improve water quality, and to research alternative solutions to the State's water quality problems.
   7. To prevent encroachment, provide buffers, and preserve natural habitats around military installations or military training areas, or for State matching funds of federal initiatives that provide funds to prevent encroachment, provide buffers, and preserve natural habitats around military installations or military training areas.
   8. To acquire land that represents the ecological diversity of North Carolina, including natural features such as riverine, montane, coastal, and geologic systems and other natural areas to ensure their preservation and conservation for recreational, scientific, educational, cultural, and aesthetic purposes.
   9. To acquire land that contributes to the development of a balanced State program of historic properties.
   10. , (11) Repealed by Session Laws 2015-241, s. 14.4, effective July 1, 2015.
4. Repealed by Session Laws 2015-241, s. 14.4, effective July 1, 2015.

(12) To protect and restore floodplains and wetlands for the purpose of storing water, reducing flooding, improving water quality, providing wildlife and aquatic habitat, and providing recreational opportunities.

History

(1996, 2nd Ex. Sess., c. 18, s. 27.6(a); 2001-424, s. 32.17; 2003-340, s. 1.3; 2004-179, s. 4.4; 2005-454, s. 5; 2007-549, s. 2; 2011-145, s. 13.26(b); 2011-374, s. 2.2; 2013-360, s. 14.3(d); 2014-100, ss. 14.13A(b), 14.21(b); 2015-241, ss. 14.4, 14.30(k1), (r1), (w); 2017-197, s. 4.12; 2019-32, s. 1(a); 2020-69, s. 5.1.)

Clean Water Conservation. - Session Laws 2004-179, part 4, authorizes the issuance or incurrence of special indebtedness in the maximum principal amount provided in the part to be used to finance the cost of clean water projects.

Session Laws 2004-179, s. 4.2, provides: "Identification of Clean Water Projects. - The specific clean water projects for which the special indebtedness may be used are to be identified by the Clean Water Management Trust Fund Board of Trustees as provided in G.S. 113A-256(j), but are limited to the following projects:

"(1) Acquisition by conservation easement or fee simple up to 17,000 acres near North Carolina military bases in order to prevent encroachment by incompatible development.

"(2) Acquisition of up to 6,000 acres to expand an existing State park, provide gamelands to help protect North Carolina rivers, and provide two new State parks along North Carolina rivers; and capital improvements to an existing State park as part of its expansion."

Clean Water Management Trust Fund. - Session Laws 2004-179, ss. 8.1 and 8.2, provide: "8.1 It is the intent of the General Assembly that the proceeds of special indebtedness issued under parts 2 through 4 of this act shall be applied for the purposes provided in those parts, including the acquisition by conservation easement, or otherwise, of land near military bases to prevent encroachment. This acquisition shall be a high priority because of its vital importance to the State of North Carolina.

"8.2 None of the proceeds of special indebtedness authorized by parts 2 through 4 of this act may be used to acquire any property by eminent domain."

Session Laws 2012-142, s. 12.7(a), (b), provides: "(a) Notwithstanding the provisions of G.S. 113A-253(d), up to three million dollars ($3,000,000) may be used for the 2012-2013 fiscal year for the costs of administering the Clean Water Management Trust Fund, including costs to support the Board of Trustees of the Clean Water Management Trust Fund and its staff, the operating costs of the Board of Trustees of the Clean Water Management Trust Fund and its staff, and the costs of making debt payments to retire debt as provided under G.S. 113A-253(c).

"(b) The Board of Trustees of the Fund shall give priority consideration to any Clean Water Management Trust Fund application requesting State matching funds for infrastructure programs and for the Readiness and Environmental Protection Initiative or any other United States Department of Defense program that provides for military buffers and protects the overall military training mission."

Session Laws 2013-360, s. 14.3(a), provides: "All staff that are supported by the Clean Water Management Trust Fund and employed by the Clean Water Management Trust Fund Board of Trustees are transferred to the Department of Environment and Natural Resources and shall continue to be supported by the Clean Water Management Trust Fund, established in G.S. 113A-253, and shall be employed by the Department of Environment and Natural Resources. The Clean Water Management Trust Fund shall be administered by the Department of Environment and Natural Resources."

Session Laws 2013-360, s. 14.3(k), provides: "The Natural Heritage Trust Fund shall be closed and the remaining fund balance in the Fund shall be transferred to the Clean Water Management Trust Fund established in G.S. 113A-253 as provided in this subsection. It is the intent of the General Assembly to honor the obligations from the Natural Heritage Trust Fund that were authorized prior to the effective date of this section and to ensure that any tax proceeds credited to the Natural Heritage Trust Fund are used for the purposes for which they were collected. Any encumbered funds transferred from the Natural Heritage Trust Fund to the Clean Water Management Trust Fund shall be used for the purpose for which the grant was awarded. The funds transferred from the Natural Heritage Trust Fund to the Clean Water Management Trust Fund that are unencumbered and any funds transferred from the Natural Heritage Trust Fund to the Clean Water Management Trust Fund that were encumbered but become unencumbered after the effective date of this section shall be used to acquire land under G.S. 113A-253(c)(8c) or G.S. 113A-253(c)(8d), as amended by subsection (d) of this section, or shall be used for the continued payment of debt service authorized before the effective date of this section to reimburse the General Fund for debt service on special indebtedness issued or incurred under Article 9 of Chapter 142 of the General Statutes for a natural heritage purpose."

Session Laws 2013-360, s. 14.3( l ), provides: "The Revisor of Statutes may conform names and titles changed by this section, and may correct statutory references as required by this section, throughout the General Statutes. In making the changes authorized by this section, the Revisor may also adjust subject and verb agreement and the placement of conjunctions."

Editor's Note. - Former G.S. 113A-253 was recodified as G.S. 143B-135.234. by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015. At the direction of the Revisor of Statutes, "this Part" was substituted for "this Article" in the introductory language of subsection (c).

Session Laws 2004-179, s. 8.3, is a severability clause.

Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'"

Session Laws 2011-145, s. 32.5, is a severability clause.

Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'"

Session Laws 2012-142, s. 27.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year."

Session Laws 2012-142, s. 27.7, is a severability clause.

Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'"

Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium."

Session Laws 2013-360, s. 38.5, is a severability clause.

Session Laws 2015-241, s. 14.30(r1), effective July 1, 2015, would have amended subdivisions (c)(10) by substituting "G.S. 143B-135.272" for "G.S. 113A-164.12," "Part 42 of this Article" for "Article 9A of Chapter 113A of the General Statutes" and "G.S. 143B-135.254" for "G.S. 113A-164.3", and subsection (d), by deleting the first sentence; however, Session Laws 2015-241, s. 14.4, repealed subdivision (c)(8e) (now (c)(10)) and subsection (d) so the amendments were not given effect.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Session Laws 2017-197, s. 4.12, was contingent upon Senate Bill 257, 2017 Regular Session, becoming law. Senate Bill 257 was enacted as Session Laws 2017-57.

Session Laws 2019-32, s. 7, provides: "This act becomes effective July 1, 2019. All rules, regulations, and decisions made by the predecessor boards and authorities reconstituted in this act shall remain in full force and effect until and unless duly modified by the successor entities."

Session Laws 2020-18, s. 13(a), (b), effective June 12, 2020, provides: "(a) The Department of Environmental Quality shall develop performance management procedures for projects funded as part of the Western Stream Initiative. These procedures shall include, at a minimum, the collection and reporting of the following measures for all projects receiving grant funding:

"(1) Time to issue and act upon grant applications.

"(2) Time to process requests for payment.

"(3) Cost per grant administered.

"(4) Number of applicants reviewed, approved, and denied.

"(5) Number of grants administered.

"(6) Total grant dollars administered.

"(7) Total project cost for each project, including all funding sources, broken out into the following categories:

"a. Permitting cost.

"b. Site assessment, design, and engineering.

"c. Management and engineering.

"(8) Total linear feet of stream restored in each year.

"(9) Cost per linear foot of restored stream.

"(10) Reduction in sediment loading achieved.

"(b) The Department of Natural and Cultural Resources shall provide to the Department of Environmental Quality all of the measures set forth in subsection (a) of this section that are relevant to funding for the Western Stream Initiative provided by the Clean Water Management Trust Fund."

Effect of Amendments. - Session Laws 2004-179, s. 4.4, effective August 5, 2004, inserted "are appropriated annually and" preceding "may be used" in subsection (c); added "and to retire debt incurred for this purpose under Article 9 of Chapter 142 of the General Statutes" at the end of subdivisions (c)(1)-(c)(4).

Session Laws 2005-454, s. 5, effective January 1, 2006, deleted "established" from the end of the section heading; rewrote subsection (a); substituted "to finance projects to clean up or prevent surface water pollution in accordance with this Article. Revenue in the Fund" for "and" in subsection (c); rewrote subdivisions (c)(5) and (c)(6); substituted "finance stormwater quality projects" for "improve stormwater controls and management practices" in subdivision (c)(7); and substituted "1 July" for "July 1" in subsection (d).

Session Laws 2007-549, s. 2, effective August 31, 2007, added subdivision (c)(8a).

Session Laws 2011-145, s. 13.26(b), effective July 1, 2011, deleted "under G.S. 143-15.3B" from the end of subdivision (a)(1).

Session Laws 2011-374, s. 2.2, effective June 27, 2011, inserted "and for land preservation" in the introductory paragraph of subsection (c); and substituted "and enhancing drinking water supplies, including the development of water supply reservoirs" for "and urban drinking water supplies" in subdivision (c)(2).

Session Laws 2013-360, s. 14.3(d), effective August 1, 2013, added "to be administered by the Department of Environment and Natural Resources" in subsection (a); deleted "Scenic River" preceding "Special" in subdivision (a)(2); added subdivision (a)(3); deleted "and to retire debt incurred for this purpose under Article 9 of Chapter 142 of the General Statutes" at the end of subdivisions (c)(1), (c)(2), (c)(3), and (c)(4); deleted subdivisions (c)(5), (c)(6), and (c)(7); added subdivisions (c)(8b), (c)(8c), (c)(8d), and (c)(8e); rewrote subsection (d), which formerly read "Limit on Operating and Administrative Expenses. - No more than two percent (2%) of the annual balance of the Fund on 1 July or a total sum of one million two hundred fifty thousand dollars ($1,250,000), whichever is greater, may be used each fiscal year for administrative and operative expenses of the Board of Trustees and its staff."

Session Laws 2014-100, s. 14.13A(b), effective July 1, 2014, in subdivision (c)(8e), inserted "the sum of" and "and any fees collected under G.S. 113A-164.12 near the beginning."

Session Laws 2014-100, s. 14.21(b), effective July 1, 2014, deleted the former second sentence in subsection (b), which read: "Investment earnings credited to the assets of the Fund shall become part of the Fund."

Session Laws 2015-241, s. 14.4, effective July 1, 2015, deleted subdivisions (c)(10) and (11), pertaining to funding and conservation planning of natural areas and funding of Board of Trustees, respectively, and deleted subsection (d), pertaining to limitation on operating and administrative expenses.

Session Laws 2015-241, s. 14.30(r1), (w), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Environment and Natural Resources" in the introductory language of subsection (a); in subsection (c), deleted former repealed subdivisions and redesignated the remaining subdivisions and in subdivision (10), substituted "G.S. 143B-135.272" for "G.S. 113A-164.12," substituted "Part 42 of this Article" for "Article 9A of Chapter 113A of the General Statutes" and substituted "G.S. 143B-135.254" for "G.S. 113A-164.3"; and deleted the former first sentence of subsection (d), which read: "For the fiscal year beginning July 1, 2013, the limit on operating and administrative expenses of the Board of Trustees and its staff is one million two hundred fifty thousand dollars ($1,250,000)." See Editor's note.

Session Laws 2017-197, s. 4.12, effective July 1, 2017, substituted "Department of Natural and Cultural Resources" for "Department of Environmental Quality" in subsection (a).

Session Laws 2019-32, s. 1(a), inserted the second sentence of subsection (a); added subdivision (a)(4); deleted "and urban" following "protection for surface waters" in subdivision (c)(1); rewrote subdivision (c)(7), which formerly read: "To provide buffers around military bases or for State matching funds for the Readiness and Environmental Protection Initiative, a federal funding initiative that provides funds for military buffers"; and added subdivision (c)(12). For effective date and applicability, see editor's note.

Session Laws 2020-69, s. 5.1, effective July 1, 2020, added the first occurrence of "and" in subdivision (c)(1).

Opinions of Attorney General

Environmental Impact Statements. - The preparation of an Environmental Impact Statement (EIS) may be included in funding for a project that otherwise qualifies for grant funds, although the preparation of an EIS is not, in itself, one of the authorized uses of Clean Water Management Trust Fund moneys under this section. See opinion of Attorney General to Mr. David McNaught, Director, Clean Water Management Trust Fund, 1998 N.C.A.G. 11 (2/20/98).

Construction of a regional wastewater system may be funded with Clean Water Management Trust Fund moneys only if the construction meets the criteria set out in former subdivisions (c)(5) or (6) of this section. See opinion of Attorney General to Mr. David McNaught, Director, Clean Water Management Trust Fund, 1998 N.C.A.G. 11 (2/20/98).

§ 143B-135.236. North Carolina Conservation Easement Endowment Fund.

1. The North Carolina Conservation Easement Endowment Fund is established as a special fund in the Office of the State Treasurer. The principal of the Endowment Fund shall consist of a portion of grant funds transferred by the Trustees to the Endowment Fund from the Clean Water Management Trust Fund for stewardship activities related to projects for conservation easements funded from the Clean Water Management Trust Fund. The principal of the Endowment Fund may also consist of any proceeds of any gifts, grants, or contributions to the State that are specifically designated for inclusion in the Endowment Fund and any investment income that is not used in accordance with subsection (b) of this section. The State Treasurer shall hold the Endowment Fund separate and apart from all other moneys, funds, and accounts. The State Treasurer shall invest the assets of the Endowment Fund in accordance with the provisions of G.S. 147-69.2 and G.S. 147-69.3. The State Treasurer shall disburse the endowment investment income only upon the written direction of the Chair of the Board of Trustees. No expenditure or disbursement shall be made from the principal of the Endowment Fund.
2. The Trustees may authorize the disbursement of the endowment investment income only for activities related to stewardship of conservation easements owned by the State.

History

(2008-107, s. 12.9(a); 2015-241, s. 14.30(k1).)

Editor's Note. - Former G.S. 113A-253.2 was recodified as G.S. 143B-135.236 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

§ 143B-135.238. Grant requirements.

1. Eligible Applicants. - Any of the following are eligible to apply for a grant from the Fund for the purpose of protecting and enhancing water quality:
   1. A State agency.
   2. A local government unit.
   3. A nonprofit corporation whose primary purpose is the conservation, preservation, or restoration of our State's cultural, environmental, or natural resources.
2. Criteria. - The criteria developed by the Trustees under G.S. 143B-135.242 apply to grants made under this Part.
3. Matching Requirement. - The Board of Trustees shall establish matching requirements for grants awarded under this Part. This requirement may be satisfied by the donation of land to a public or private nonprofit conservation organization as approved by the Board of Trustees. The Board of Trustees may also waive the requirement to match a grant pursuant to guidelines adopted by the Board of Trustees.
4. Restriction. - No grant shall be awarded under this Part for any of the following purposes:
   1. To satisfy compensatory mitigation requirements under 33 USC § 1344 or G.S. 143-214.11.
   2. To any project receiving State funds authorized by G.S. 143-215.71 for the nonfederal share of a grant under the Environmental Quality Incentives Program.
5. Withdrawal. - An award of a grant under this Part is withdrawn if the grant recipient fails to enter into a construction contract for the project within one year after the date of the award, unless the Trustees find that the applicant has good cause for the failure. If the Trustees find good cause for a recipient's failure, the Trustees must set a date by which the recipient must take action or forfeit the grant.

History

(1996, 2nd Ex. Sess., c. 18, s. 27.6(a); 2003-340, s. 1.3; 2005-454, s. 6; 2006-178, s. 1; 2007-185, s. 1; 2014-100, s. 14.8(c); 2015-241, s. 14.30(k1), (r1); 2020-18, s. 12(b).)

Editor's Note. - Former G.S. 113A-254 was recodified as G.S. 143B-135.238 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015. At the direction of the Revisor of Statutes, "this Part" was substituted for "this Article" throughout the section.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Session Laws 2020-18, s. 16(a), provides: "If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this act that can be given effect without the invalid provision or application, and, to this end, the provisions of this act are declared to be severable."

Effect of Amendments. - Session Laws 2005-454, s. 6, effective January 1, 2006, rewrote the section heading; deleted "Grant" following "eligible" in (a); substituted "unit" for "or other political subdivision of the State or a combination of such entities" in subdivision (a)(2); added subsection (a1); deleted "Grant" from the beginning of subsection (b); substituted "Restrictions" for "Grants Not Available to Satisfy Compensatory Mitigation Requirements" in subsection (c); and added subsections (d) through (f).

Session Laws 2014-100, s. 14.8(c), effective July 1, 2014, rewrote subdivision (a)(3), and subsection (a1); and deleted former subsections (d) and (e), concerning waste limits and stormwater limits.

Session Laws 2015-241, s. 14.30(r1), effective July 1, 2015, deleted former repealed subsections and redesignated former subsections (a1) through (f) as present subsections (b) through (e); and substituted "G.S. 143B-135.242" for "G.S. 113A-256" in subsection (b).

Session Laws 2020-18, s. 12(b), effective June 12, 2020, rewrote subsection (d).

Opinions of Attorney General

Eligible Grant Recipients. - A local band of Indians is not eligible to receive grants under the Clean Water Management Trust Fund. See opinion of Attorney General to David McNaught, Executive Director, Clean Water Management Trust Fund, 1998 N.C.A.G. 26 (6/3/98).

§ 143B-135.240. Clean Water Management Trust Fund: Board of Trustees established; membership qualifications; vacancies; meetings and meeting facilities.

1. Board of Trustees Established. - There is established the Clean Water Management Trust Fund Board of Trustees. The Clean Water Management Trust Fund Board of Trustees shall be administratively located within the Department of Natural and Cultural Resources.
2. Membership. - The Clean Water Management Trust Fund Board of Trustees shall be composed of nine members appointed to three-year terms as follows:
   1. Two members appointed by the Governor to terms that expire on July 1 of years that precede by one year those years that are evenly divisible by three.
   2. Two members appointed by the Governor to terms that expire on July 1 of years that follow by one year those years that are evenly divisible by three.
   3. One member appointed by the Governor to a term that expires on July 1 of years that are evenly divisible by three.
   4. One member appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate to a term that expires on July 1 of years that precede by one year those years that are evenly divisible by three.
   5. Repealed by Session Laws 2019-32, s. 1(a), effective July 1, 2019.
   6. One member appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate to a term that expires on July 1 of years that are evenly divisible by three.
   7. Repealed by Session Laws 2019-32, s. 1(a), effective July 1, 2019.
   8. One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives to a term that expires on July 1 of years that follow by one year those years that are evenly divisible by three.
   9. One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives to a term that expires on July 1 of years that are evenly divisible by three.
3. Qualifications. - The office of Trustee is declared to be an office that may be held concurrently with any other executive or appointive office, under the authority of Article VI, Section 9, of the North Carolina Constitution. When appointing members of the Authority, the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives shall give consideration to adequate representation from the various regions of the State and shall give consideration to the appointment of members who are knowledgeable in any of the following areas:
   1. Acquisition and management of natural areas.
   2. Conservation and restoration of water quality.
   3. Wildlife and fisheries habitats and resources.
   4. Environmental management.
   5. Historic preservation.
4. Limitation on Length of Service. - No member of the Board of Trustees shall serve more than two consecutive three-year terms or a total of 10 years.
5. Chair. - The Governor shall appoint one member to serve as Chair of the Board of Trustees.
6. Removal. - Members of the Board of Trustees may be removed pursuant to G.S. 143B-16.
7. Vacancies. - An appointment to fill a vacancy on the Board of Trustees created by the resignation, removal, disability, or death of a member shall be for the balance of the unexpired term. Vacancies in appointments made by the General Assembly shall be filled as provided in G.S. 120-122.
8. Frequency of Meetings. - The Board of Trustees shall meet at least twice each year and may hold special meetings at the call of the Chair or a majority of the members.
9. Quorum. - A majority of the membership of the Board of Trustees constitutes a quorum for the transaction of business.
10. Per Diem and Expenses. - Each member of the Board of Trustees shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 120-3.1, 138-5, and 138-6, as applicable. Per diem, subsistence, and travel expenses of the Trustees shall be paid from the Fund.

The initial terms of members appointed pursuant to subdivisions (2) and (8) of this subsection shall expire July 1, 2020. The initial terms of members appointed pursuant to subdivisions (1) and (4) of this subsection shall expire July 1, 2021. The initial terms of members appointed pursuant to subdivisions (3), (6), and (9) of this subsection shall expire July 1, 2022.

History

(1996, 2nd Ex. Sess., c. 18, s. 27.6(a); 1997-443, s. 11A.119(a); 2001-474, s. 10; 2003-340, s. 1.3; 2003-422, s. 1; 2006-178, s. 2; 2013-360, s. 14.3(e); 2014-100, s. 14.8(d); 2015-241, s. 14.30(k1), (r1), (w); 2019-32, s. 1(a).)

Editor's Note. - Former G.S. 113A-255 was recodified by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015, as G.S. 143B-135.240.

Session Laws 2003-422, s. 2, provides: "In order to alter the schedule of staggered terms of four years for the Clean Water Management Trust Fund Board of Trustees so that, as nearly as possible, the same number of terms will expire each year and to provide for an orderly transition in membership of the Board of Trustees to the terms specified in G.S. 113-145.5 [now G.S. 113A-255], as amended by Section 1 of this act, the following provisions shall apply:

"(1) Philip A. Baddour shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255] (b)(1) through 1 July 2007.

"(2) Joseph M. Hester, Jr. shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255] (b)(2) through 1 July 2007.

"(3) John McMillan shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255] (b)(3) through 1 July 2008.

"(4) Robert Stanley Vaughan shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255] (b)(4) through 1 July 2008.

"(5) The Governor shall appoint a member to serve in the position established by G.S. 113-145.5 [now G.S. 113A-255] (b)(5) through 1 July 2005.

"(6) The Governor shall appoint a member to serve in the position established by G.S. 113-145.5 [now G.S. 113A-255] (b)(6) through 1 July 2006.

"(7) The Governor shall appoint a member to serve in the position established by G.S. 113-145.5 [now G.S. 113A-255] (b)(7) through 1 July 2006.

"(8) Alex MacFadyen of Wake County is appointed to the position established by G.S. 113-145.5 [now G.S. 113A-255] (b)(8) to serve through 1 July 2007.

"(9) Johnnie Mosley shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255] (b)(9) through 1 July 2007.

"(10) William E. Hollan, Jr. shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255] (b)(10) through 1 July 2004.

"(11) William J. Brooks, III shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255] (b)(11) through 1 July 2005.

"(12) Dickson McLean, Jr. shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255] (b)(12) through 1 July 2005.

"(13) Claudette Weston shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255] (b)(13) through 1 July 2006.

"(14) Jerry W. Wright shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255] (b)(14) through 1 July 2006.

"(15) Clarence Leroy Smith shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255] (b)(15) through 1 July 2003. Clarence Leroy Smith of Pitt County is reappointed to serve in the position established by G.S. 113-145.5 [now G.S. 113A-255] (b)(15) through 1 July 2007.

"(16) Charles R. Wakild shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255] (b)(16) through 1 July 2003. Anthony T. Lathrop of Mecklenburg County is appointed to serve in the position established by G.S. 113-145.5 [now G.S. 113A-255] (b)(16) through 1 July 2008.

"(17) Edmond John Maguire III of Moore County is appointed to serve in the position established by G.S. 113-145.5 [now G.S. 113A-255] (b)(17) through 1 July 2008.

"(18) Robert Dare Howard shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255] (b)(18) through 1 July 2005.

"(19) Margaret B. Markey shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255] (b)(19) through 1 July 2005.

"(20) Allen Holt Gwyn shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255] (b)(20) through 1 July 2003. Ronald L. Smith of Carteret County is appointed to serve in the position established by G.S. 113-145.5 [now G.S. 113A-255] (b)(20) through 1 July 2006.

"(21) Karen Cragnolin shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255] (b)(21) through 1 July 2003. Karen Cragnolin of Buncombe County is reappointed to serve in the position established by G.S. 113-145.5 [now G.S. 113A-255] (b)(21) through 1 July 2006."

Session Laws 2003-340, s. 1.3, effective July 27, 2003, recodified former G.S. 113-145.5 as present G.S. 113A-255.

Session Laws 2006-178, s. 2, which added subsection (b2), was effective retroactively to July 1, 2006 and not applicable to any person who is a member of the Board of Trustees of the Clean Water Management Trust Fund on June 30, 2006.

Session Laws 2015-241, s. 14.30(b), provides: "All functions, powers, duties, and obligations vested in the following commissions, boards, councils, and committees within the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Department of Natural and Cultural Resources by a Type II transfer, as defined in G.S. 143A-6:

"(1) North Carolina Parks and Recreation Authority.

"(2) North Carolina Trails Committee.

"(3) North Carolina Zoological Park Council.

"(4) Advisory Commission for North Carolina State Museum of Natural Sciences.

"(5) Clean Water Management Trust Fund Board of Trustees."

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

Session Laws 2019-32, s. 7, provides: "This act becomes effective July 1, 2019. All rules, regulations, and decisions made by the predecessor boards and authorities reconstituted in this act shall remain in full force and effect until and unless duly modified by the successor entities."

Effect of Amendments. - Session Laws 2013-360, s. 14.3(e), effective August 1, 2013, deleted "but shall be independent of the Department" at the end of subsection (a); substituted "nine members appointed to three-year terms as follows" for "21 members appointed to four-year terms as follows" in subsection (b); deleted former subdivisions (b)(1) through (b)(21); added present subdivisions (b)(1) through (b)(9); rewrote the second sentence in subsection (b1), which formerly read "Persons appointed shall be knowledgeable in at least one of the following areas"; substituted "three-year" for "four-year" in subsection (b2); substituted "G.S. 120-3.1, 138-5, and 138-6, as applicable" for "G.S. 138-5" in subsection (f); and deleted subsection (g).

Session Laws 2014-100, s. 14.8(d), effective July 1, 2014, added subdivision (b1)(5).

Session Laws 2015-241, s. 14.30(r1), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Environment and Natural Resources" in subsection (a); redesignated former subsections (b1) through (f) as present subsections (c) through (i); and deleted former repealed subsection (g).

Session Laws 2015-241, s. 14.30(w), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Environment and Natural Resources" in subsection (a).

Session Laws 2019-32, s. 1(a), in subsection (b), substituted "Two members appointed by the Governor to terms that expire on July 1" for "One member appointed by the Governor to a term that expires on July 1" at the beginning of subdivisions (b)(1) and (b)(2); deleted former subdivisions (b)(5) and (b)(7); inserted the paragraph following subdivision (b)(9); and added subsection (e1). For effective date and applicability, see editor's note.

§ 143B-135.242. Clean Water Management Trust Fund Board of Trustees: powers and duties.

1. Allocate Grant Funds. - The Trustees shall allocate moneys from the Fund as grants. A grant may be awarded only for a project or activity that satisfies the criteria and furthers the purposes of this Part.
2. Develop Grant Criteria. - The Trustees shall develop criteria for awarding grants under this Part. The criteria developed shall include consideration of the following:
   1. The significant enhancement and conservation of water quality in the State.
   2. The objectives of the various basinwide management plans for the State's river basins and watersheds.
   3. The objectives of basinwide integrated water management plans developed and adopted at the regional level.
   4. The promotion of regional integrated ecological networks insofar as they affect water quality.
   5. The specific areas targeted as being environmentally sensitive.
   6. The geographic distribution of funds as appropriate.
   7. The preservation of water resources with significant recreational or economic value and uses.
   8. The development of a network of riparian buffer-greenways bordering and connecting the State's waterways that will serve environmental, educational, and recreational uses.
   9. Water supply availability and the public's need for resources adequate to meet demand for essential water uses. Criteria developed pursuant to this subdivision may include the value of preserving capacity by preventing sedimentation and nutrient pollution.
   10. The protection or preservation of land with outstanding natural or cultural heritage values.
   11. The protection or preservation of land that contains a relatively undisturbed and outstanding example of a native North Carolina ecological community that is now uncommon; contains a major river or tributary, watershed, wetland, significant littoral, estuarine, or aquatic site, or important geologic feature; or represents a type of landscape, natural feature, or natural area that is not currently in the State's inventory of parks and natural areas.
   12. The protection or preservation of a site or structure that is of such historical significance as to be essential to the development of a balanced State program of historic properties.
   13. The rate and likelihood of land-use change and development, where such data is available.
   14. Priority shall be given to projects that are part of a comprehensive, long-term land-use plan by a State agency, local government unit, or a nonprofit corporation whose primary purpose is the conservation, preservation, or restoration of the State's cultural, environmental, or natural resources.
3. Develop Additional Guidelines. - The Trustees may develop guidelines in addition to the grant criteria consistent with and as necessary to implement this Part.
4. Acquisition of Land. - The Trustees may acquire land by purchase, negotiation, gift, or devise. Any acquisition of land by the Trustees must be reviewed and approved by the Council of State and the deed for the land subject to approval of the Attorney General before the acquisition can become effective. In determining whether to acquire land as permitted by this Part, the Trustees shall consider whether the acquisition furthers the purposes of this Part. Nothing in this section shall allow the Trustees to acquire land under the right of eminent domain.
5. Exchange of Land. - The Trustees may exchange any land they acquire in carrying out the powers conferred on the Trustees by this Part.
6. Land Management. - The Trustees may designate managers or managing agencies of the lands acquired under this Part.
7. Rule-making Authority. - The Trustees may adopt rules to implement this Part. Chapter 150B of the General Statutes applies to the adoption of rules by the Trustees.

History

(1996, 2nd Ex. Sess., c. 18, s. 27.6(a), (c); 1999-237, s. 15.11; 2003-340, s. 1.3; 2004-179, s. 4.5; 2011-374, s. 2.4; 2013-360, s. 14.3(f); 2013-414, s. 58(b); 2014-3, s. 14.14(f); 2014-100, s. 14.8(e); 2015-241, s. 14.30(k1), (r1); 2019-32, s. 1(a).)

Clean Water Conservation. - Session Laws 2004-179, part 4, authorizes the issuance or incurrence of special indebtedness in the maximum principal amount provided in the part to be used to finance the cost of clean water projects. Session Laws 2004-179, s. 4.2 provides: "Identification of Clean Water Projects. - The specific clean water projects for which the special indebtedness may be used are to be identified by the Clean Water Management Trust Fund Board of Trustees as provided in G.S. 113A-256(j), but are limited to the following projects:

"(1) Acquisition by conservation easement or fee simple up to 17,000 acres near North Carolina military bases in order to prevent encroachment by incompatible development.

"(2) Acquisition of up to 6,000 acres to expand an existing State park, provide gamelands to help protect North Carolina rivers, and provide two new State parks along North Carolina rivers; and capital improvements to an existing State park as part of its expansion."

Session Laws 2004-179, ss. 8.1 and 8.2, provide: "SECTION 8.1 It is the intent of the General Assembly that the proceeds of special indebtedness issued under parts 2 through 4 of this act shall be applied for the purposes provided in those parts, including the acquisition by conservation easement, or otherwise, of land near military bases to prevent encroachment. This acquisition shall be a high priority because of its vital importance to the State of North Carolina.

"SECTION 8.2 None of the proceeds of special indebtedness authorized by parts 2 through 4 of this act may be used to acquire any property by eminent domain."

Editor's Note. - Former G.S. 113A-256 was recodified as G.S. 143B-135.242 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015. At the direction of the Revisor of Statutes, "this Part" was substituted for "this Article" throughout this section.

Session Laws 2003-340, s. 1.3, effective July 27, 2003, recodified former G.S. 113-145.6 as present G.S. 113A-256.

Session Laws 2004-179, s. 8.3, is a severability clause.

Session Laws 2013-414, s. 58(f), makes the amendments to this section by Session Laws 2013-414, s. 58(b), effective January 1, 2014, and applicable to taxable years that begin on or after that date and to purchases made on or after that date.

Session Laws 2014-3, s. 14.14(f), repealed subsection (g) of this section, effective May 29, 2014. However, subsection (g) previously had been repealed by Session Laws 2013-414, s. 58(b), effective January 1, 2014.

Session Laws 2019-32, s. 7, provides: "This act becomes effective July 1, 2019. All rules, regulations, and decisions made by the predecessor boards and authorities reconstituted in this act shall remain in full force and effect until and unless duly modified by the successor entities."

Effect of Amendments. - Session Laws 2004-179, s. 4.5, effective August 5, 2004, added subsection (j).

Session Laws 2011-374, s. 2.4, effective June 27, 2011, added subdivision (b)(8).

Session Laws 2013-360, s. 14.3(f), effective August 1, 2013, added subdivisions (b)(9) through (b)(11); and deleted subsection (j).

Session Laws 2013-414, s. 58(b), effective January 1, 2014, repealed subsection (g). For applicability, see editor's note.

Session Laws 2014-3, s. 14.14(f), effective May 29, 2014, repealed subsection (g).

Session Laws 2014-100, s. 14.8(e), effective July 1, 2014, inserted "various" in subdivision (b)(2).

Session Laws 2015-241, s. 14.30(r1), effective July 1, 2015, deleted former repealed subsections and redesignated former subsection (h) as present subsection (g).

Session Laws 2019-32, s. 1(a), added subdivision (b)(2a); in subdivision (b)(8), substituted "the value of preserving capacity by preventing sedimentation and nutrient pollution" for "consideration of the likelihood of a proposed water supply project ultimately being permitted and built"; added (b)(12) and (b)(13); and substituted "furthers the purposes of this Part" for "furthers the purposes of this Part and may also consider recommendations from the Council" at the end of the third sentence of subsection (d). For effective date and applicability, see editor's note.

§ 143B-135.244. Clean Water Management Trust Fund: reporting requirement.

The Chair of the Board of Trustees shall report no later than December 1 each year to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the Environmental Review Commission, the Subcommittees of the House of Representatives and Senate Appropriations Committees with jurisdiction over natural and economic resources, and the Fiscal Research Division of the General Assembly regarding the implementation of this Part. The report shall include a list of the projects awarded grants from the Fund for the previous 12-month period. The list shall include for each project a description of the project, the amount of the grant awarded for the project, and the total cost of the project.

History

(1997-443, s. 7.10; 2002-148, s. 3; 2003-340, s. 1.3; 2015-241, s. 14.30(k1), (r1); 2017-57, s. 14.1(dd).)

Editor's Note. - Former G.S. 113A-257 was recodified as G.S. 143B-135.244 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015. At the direction of the Revisor of Statutes, "this Part" was substituted for "this Article" in the first sentence.

Session Laws 2003-340, s. 1.3, effective July 27, 2003, recodified former G.S. 113-145.6A as present G.S. 113A-257.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(r1), effective July 1, 2015, substituted "shall report no later than December 1 each year" for "shall report each year by 1 December", deleted "on Natural and Economic Resources" following "Subcommittees" and substituted "Appropriations Committees with jurisdiction over natural and economic resources, and the" for "Appropriations Committees, and the."

Session Laws 2017-57, s. 14.1(dd), effective July 1, 2017, substituted "Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources" for "Joint Legislative Commission on Governmental Operations."

§ 143B-135.246. Clean Water Management Trust Fund: Executive Director and staff.

The Secretary of Natural and Cultural Resources shall select and appoint a competent person in accordance with this section as Executive Director of the Clean Water Management Trust Fund Board of Trustees. The Executive Director shall be charged with the supervision of all activities under the jurisdiction of the Trustees and shall serve as the chief administrative officer of the Trustees. Subject to the approval of the Secretary of Natural and Cultural Resources, the Executive Director may employ such clerical and other assistants as may be deemed necessary.

The person selected as Executive Director shall have had training and experience in conservation, protection, and management of surface water resources. The salary of the Executive Director shall be fixed by the Secretary of Natural and Cultural Resources, and the Executive Director shall be allowed travel and subsistence expenses in accordance with G.S. 138-6. The Executive Director's salary and expenses shall be paid from the Fund. The term of office of the Executive Director shall be at the pleasure of the Secretary of Natural and Cultural Resources.

History

(1996, 2nd Ex. Sess., c. 18, s. 27.6(a); 2001-424, s. 32.16(b); 2003-340, s. 1.3; 2013-360, s. 14.3(g); 2013-382, s. 9.1(c); 2015-241, s. 14.30(k1), (r1); 2019-32, s. 1(a).)

Editor's Note. - Former G.S. 113A-258 was recodified as G.S. 143B-135.246 by Session Laws 2015-241, s. 14.30(k1).

Session Laws 2003-340, s. 1.3, effective July 27, 2003, recodified former G.S. 113-145.7 as present G.S. 113A-258.

Session Laws 2013-382, s. 9.1(b), provides: "The following entities and positions created by Chapter 126 of the General Statutes are hereby renamed by this act:

"(1) The State Personnel Commission is renamed the 'North Carolina Human Resources Commission.'

"(2) The Office of State Personnel is renamed the 'North Carolina Office of State Human Resources.'

"(3) The State Personnel Director is renamed the 'Director of the North Carolina Office of State Human Resources.'"

Session Laws 2013-382, s. 9.1(c), provides: "Modification of References. - The Revisor of Statutes shall delete any references in the General Statutes to the State Personnel Act, State Personnel Commission, the State Personnel Director, and the Office of State Personnel (or any derivatives thereof) and substitute references to the North Carolina Human Resources Act, the State Human Resources Commission, the Director of the Office of State Human Resources, and the Office of Human Resources (or the appropriate derivative thereof) to effectuate the renaming set forth in this section wherever conforming changes are necessary."

Session Laws 2019-32, s. 7, provides: "This act becomes effective July 1, 2019. All rules, regulations, and decisions made by the predecessor boards and authorities reconstituted in this act shall remain in full force and effect until and unless duly modified by the successor entities."

Effect of Amendments. - Session Laws 2013-360, s. 14.3(g), effective August 1, 2013, in the first paragraph, substituted "the Secretary of Environment and Natural Resources" for "The Clean Water Management Trust Fund Board of Trustees, as soon as practicable after its organization" in the first sentence and for "the Trustees and the Director of the Budget" in the second sentence; and substituted "Secretary of Environment and Natural Resources" for "Trustees" twice in the second paragraph.

Session Laws 2013-382, s. 9.1(c), effective August 21, 2013, substituted "North Carolina Human Resources Act" for "State Personnel Act" in the last sentence.

Session Laws 2015-241, s. 14.30(r1), effective July 1, 2015, substituted "Secretary of Natural and Cultural Resources" for "Secretary of Environment and Natural Resources" throughout the section.

Session Laws 2019-32, s. 1(a), deleted the last sentence of this section which formerly read: "These employees shall be exempt from the North Carolina Human Resources Act, as provided in G.S. 126-5(c1)." For effective date and applicability, see editor's note.

§ 143B-135.248: Repealed by Session Laws 2019-32, s. 1(a), effective July 1, 2019.

History

(1996, 2nd Ex. Sess., c. 18, s. 27.6(a); 1997-443, s. 11A.119(a); 2001-474, s. 11; 2003-340, s. 1.3; 2014-100, s. 14.8(f); 2015-241, s. 14.30(k1), (r1), (v), (x); repealed by 2019-32, s. 1(a), effective July 1, 2019.)

Editor's Note. - Former G.S. 143B-135.248 pertained to clean water management trust fund: advisory council.

Session Laws 2019-32, s. 7, provides: "This act becomes effective July 1, 2019. All rules, regulations, and decisions made by the predecessor boards and authorities reconstituted in this act shall remain in full force and effect until and unless duly modified by the successor entities."

PART 42. NATURE PRESERVES ACT.

§ 143B-135.250. Short title.

This Part shall be known as the Nature Preserves Act.

History

(1985, c. 216, s. 1; 2015-241, s. 14.30(k2), (r2).)

Cross References. - As to the Coastal Reserve Program, see G.S. 113A-129.2.

Oregon Inlet State Park and Outer Banks Transportation Corridor. - Session Laws 2014-100, s. 14.7(a)-(h), authorizes the initiation of negotiations by the Department of Administration with the appropriate federal authority for the acquisition of certain federally owned property for the creation of Oregon Inlet State Park. If the subject real property is acquired by the State, then, together with any other real property owned by the State within the subject area, the Department of Environment and Natural Resources is authorized to add Oregon Inlet State Park to the State Parks System. The provisions of Session Laws 2014-100, s. 14.7(a)-(h), further provides for the condemnation authority necessary to manage existing and future transportation corridors on the Outer Banks, and for the identification of federally owned property necessary to construct or manage existing and future transportation corridors on the Outer Banks.

Editor's Note. - Former Article 9A of Chapter 113A (G.S. 113A-164.1 to G.S. 113A-164.12) was recodified as Part 42 of Article 2 of Chapter 143B (G.S. 143B-135.250 to G.S. 143B-135.272) by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015. Where appropriate, historical citations and case annotations from former sections have been added to corresponding sections in new Part 42 as recodified.

Former G.S. 113A-164.1 was recodified as G.S. 143B-135.250 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.

Session Laws 2014-100, s. 14.7(m), provides: "Notwithstanding the provisions of Chapter 146 of the General Statutes, Article 9A of Chapter 113A of the General Statutes, or any other provision of law, neither the Governor nor the Council of State shall be required to approve any conveyance, exchange, or condemnation made pursuant to this section. Notwithstanding any other provision of law, consultation with or reporting to the Joint Legislative Commission on Governmental Operations shall not be required prior to the conveyance, exchange, or condemnation, except as set forth in subsection (h) of this section [requiring the Department of Transportation to identify federally owned property that is necessary to construct or to manage existing and future transportation corridors on the Outer Banks]."

Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'"

Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year."

Session Laws 2014-100, s. 38.7, is a severability clause.

Session Laws 2015-241, s. 14.30(a), as amended by Session Laws 2015-268, s. 5.4(a), provides: "The Department of Cultural Resources is renamed the Department of Natural and Cultural Resources, and all functions, powers, duties, and obligations vested in the following programs, divisions, and entities within the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Department of Natural and Cultural Resources by a Type I transfer, as defined in G.S. 143A-6:

"(1) The Division of Parks and Recreation.

"(2) The State Parks System, including Mount Mitchell State Park.

"(3) The North Carolina Aquariums Division.

"(4) The North Carolina Zoological Park.

"(5) The North Carolina Museum of Natural Sciences.

"(6) Clean Water Management Trust Fund.

"(7) The Natural Heritage Program, within the Office of Land and Water Stewardship."

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(r2), effective July 1, 2015, substituted "Part" for "Article."

Legal Periodicals. - For article, "The Evolution of Modern North Carolina Environmental and Conservation Policy Legislation," see 29 Campbell L. Rev. 535 (2007).

§ 143B-135.252. Declaration of policy and purpose.

1. The continued population growth and land development in North Carolina have made it necessary and desirable that areas of natural significance be identified and preserved before they are destroyed. These natural areas are irreplaceable as laboratories for scientific research, as reservoirs of natural materials for uses that may not now be known, as habitats for plant and animal species and biotic communities, as living museums where people may observe natural biotic and environmental systems and the interdependence of all forms of life, and as reminders of the vital dependence of the health of the human community on the health of the other natural communities.
2. It is important to the people of North Carolina that they retain the opportunity to maintain contact with these natural communities and environmental systems of the earth and to benefit from the scientific, aesthetic, cultural, and spiritual values they possess. The purpose of this Part is to establish and maintain a State Registry of Natural Heritage Areas and to prescribe methods by which nature preserves may be dedicated for the benefit of present and future citizens of the State.

History

(1985, c. 216, s. 1; 2015-241, s. 14.30(k2).)

Editor's Note. - Former G.S. 113A-164.2 was recodified as G.S. 143B-135.252 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015. At the direction of the Revisor of Statutes, "this Part" was substituted for "this Article" in subsection (b).

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

§ 143B-135.254. Definitions.

As used in this Part, unless the context requires otherwise:

1. "Articles of dedication" means the writing by which any estate, interest, or right in a natural area is formally dedicated as a nature preserve as authorized in G.S. 143B-135.260.
2. "Dedicate" means to transfer to the State an estate, interest, or right in a natural area in any manner authorized in G.S. 143B-135.260.
3. "Natural area" means an area of land, water, or both land and water, whether publicly or privately owned, that (i) retains or has reestablished its natural character, (ii) provides habitat for rare or endangered species of plants or animals, (iii) or has biotic, geological, scenic, or paleontological features of scientific or educational value.
4. "Nature preserve" means a natural area that has been dedicated pursuant to G.S. 143B-135.260.
5. "Owner" means any individual, corporation, partnership, trust, or association, and all governmental units except the State, its departments, agencies or institutions.
6. "Registration" means an agreement between the Secretary and the owner of a natural area to protect and manage the natural area for its specified natural heritage resource values.
7. "Secretary" means the Secretary of Natural and Cultural Resources.

History

(1985, c. 216, s. 1; 1989, c. 727, s. 218(68); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(k2), (r2).)

Editor's Note. - Former G.S. 113A-164.3 was recodified as G.S. 143B-135.254 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015. At the direction of the Revisor of Statutes, "this Part" was substituted for "this Article" in the introductory paragraph.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(r2), effective July 1, 2015, substituted "G.S. 143B-135.260" for "G.S. 113A-164.6" in subdivisions (1), (2) and (4); and substituted "Secretary of Natural and Cultural Resources" for "Secretary of Environment and Natural Resources" in subdivision (7).

§ 143B-135.256. Powers and duties of the Secretary.

The Secretary shall:

1. Establish by rule the criteria for selection, registration, and dedication of natural areas and nature preserves.
2. Cooperate or contract with any federal, State, or local government agency, private conservation organization, or person in carrying out the purposes of this Part.
3. Maintain a Natural Heritage Program to provide assistance in the selection and nomination for registration or dedication of natural areas. The Program shall include classification of natural heritage resources, an inventory of their locations, and a data bank for that information. The Program shall cooperate with the Department of Agriculture and Consumer Services in the selection and nomination of areas that contain habitats for endangered and rare plant species, and shall cooperate with the Wildlife Resources Commission in the selection and nomination of areas that contain habitats for endangered and rare animal species. Information from the natural heritage data bank may be made available to public agencies and private persons for environmental assessment and land management purposes. Use of the inventory data for any purpose inconsistent with the Natural Heritage Program may not be authorized. The Program shall include other functions as may be assigned for registration, dedication, and protection of natural areas and nature preserves.
4. Prepare a Natural Heritage Plan that shall govern the Natural Heritage Program in the creation of a system of registered and dedicated natural areas.
5. Publish and disseminate information pertaining to natural areas and nature preserves within the State.
6. Appoint advisory committees composed of representatives of federal, State, and local governmental agencies, scientific and academic institutions, conservation organizations, and private business, to advise him on the identification, selection, registration, dedication, and protection of natural areas and nature preserves.
7. Submit to the Governor, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division a biennial report on or before February 15 of odd-numbered years describing the activities of the past biennium and plans for the coming biennium, and detailing specific recommendations for action that the Secretary deems necessary for the improvement of the Program.

History

(1985, c. 216, s. 1; 1987, c. 827, s. 152; 1997-261, s. 82; 2015-241, s. 14.30(k2), (r2); 2017-57, s. 14.1(mm).)

Editor's Note. - Former G.S. 113A-164.4 was recodified as G.S. 143B-135.256 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015. At the direction of the Revisor of Statutes, "this Part" was substituted for "this Article" in subdivision (2).

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(r2), effective July 1, 2015, in subdivision (7), deleted "on or before February 15, 1987, and" following "biennial report" and deleted "subsequent" preceding "odd-numbered years."

Session Laws 2017-57, s. 14.1(mm), effective July 1, 2017, substituted "Governor, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division" for "Governor and the General Assembly" in subdivision (7).

§ 143B-135.258. Registration of natural areas.

1. The Secretary shall maintain a State Registry of voluntarily protected natural areas to be called the North Carolina Registry of Natural Heritage Areas. Registration of natural areas shall be accomplished through voluntary agreement between the owner of the natural area and the Secretary. State-owned lands may be registered by agreement with the agency to which the land is allocated. Registration agreements may be terminated by either party at any time, and termination removes the area from the Registry.
2. A natural area shall be registered when an agreement to protect and manage the natural area for its specified natural heritage resource value has been signed by the owner and the Secretary. The owner of a registered natural area shall be given a certificate signifying the inclusion of the area in the Registry.

History

(1985, c. 216, s. 1; 2015-241, s. 14.30(k2).)

Editor's Note. - Former G.S. 113A-164.5 was recodified as G.S. 143B-135.258 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

§ 143B-135.260. Dedication of nature preserves.

1. The State may accept the dedication of nature preserves on lands deemed by the Secretary to qualify as outstanding natural areas. Nature preserves may be dedicated by voluntary act of the owner. The owner of a qualified natural area may transfer fee simple title or other interest in land to the State. Nature preserves may be acquired by gift, grant, or purchase. Dedication of a preserve shall become effective only upon acceptance of the articles of dedication by the State. Articles of dedication shall be recorded in the office of the register of deeds in the county or counties in which the natural area is located.
2. Articles of dedication may include any of the following:
   1. Restrictions and other provisions relating to management, use, development, transfer, and public access, and any other restrictions and provisions as may be necessary or advisable to further the purposes of this Part.
   2. Definitions, consistent with the purposes of this Part, of the respective rights and duties of the owner and of the State and procedures to be followed in case of violation of restrictions.
   3. The recognition and creation of reversionary rights, transfers upon conditions or with limitations, and gifts over.
   4. Varying provisions from one nature preserve to another in accordance with differences in the characteristics and conditions of the several areas.
3. Subject to the approval of the Governor and Council of State, the State may enter into amendments of any articles of dedication upon finding that the amendment will not permit an impairment, disturbance, use, or development of the area inconsistent with the purposes of this Part. If the fee simple estate in the nature preserve is not held by the State under this Part, no amendment may be made without the written consent of the owner of the other interests therein.

History

(1985, c. 216, s. 1; 2015-241, s. 14.30(k2), (r2).)

Editor's Note. - Former G.S. 113A-164.6 was recodified as G.S. 143B-135.260 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(r2), effective July 1, 2015, rewrote subsection (b); and substituted "this Part" for "this Article" twice in subsection (c).

§ 143B-135.262. Nature preserves held in trust.

Lands dedicated for nature preserves pursuant to this Part are held in trust by the State for those uses and purposes expressed in this Part for the benefit of the people of North Carolina. These lands shall be managed and protected according to regulations adopted by the Secretary. Lands dedicated as a nature preserve pursuant to G.S. 143B-135.260 may not be used for any purpose inconsistent with the provisions of this Part, or disposed of, by the State without a finding by the Governor and Council of State that the other use or disposition is in the best interest of the State.

History

(1985, c. 216, s. 1; 2015-241, s. 14.30(k2), (r2).)

Editor's Note. - Former G.S. 113A-164.7 was recodified as G.S. 143B-135.262 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(r2), effective July 1, 2015, substituted "this Part" for "this Article" througout and substituted "G.S. 143B-135.260" for "G.S. 113A-164.6."

§ 143B-135.264. Dedication of state-owned lands to nature preserves; procedures.

Subject to the approval of the Governor and Council of State, state-owned lands may be dedicated as a nature preserve. State-owned lands shall be dedicated by allocation pursuant to the provisions of G.S. 143-341(4)g. Lands dedicated pursuant to this section may be removed from dedication upon the approval of the Governor and Council of State.

History

(1985, c. 216, s. 1; 2015-241, s. 14.30(k2).)

Editor's Note. - Former G.S. 113A-164.8 was recodified as G.S. 143B-135.264 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

§ 143B-135.266. Dedication of preserves by local governmental units.

All local units of government may dedicate lands as nature preserves by transfer of fee simple title or other interest in land to the State.

History

(1985, c. 216, s. 1; 2015-241, s. 14.30(k2).)

Editor's Note. - Former G.S. 113A-164.9 was recodified as G.S. 143B-135.266 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

§ 143B-135.268. Acquisition of land by State.

All acquisitions or dispositions of an interest in land by the State pursuant to this Part shall be subject to the provisions of Chapter 146 of the General Statutes.

History

(1985, c. 216, s. 1; 2015-241, s. 14.30(k2), (r2).)

Editor's Note. - Former G.S. 113A-164.10 was recodified as G.S. 143B-135.268 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(r2), effective July 1, 2015, substituted "this Part" for "this Article."

§ 143B-135.270. Assessment of land subject to permanent dedication agreement.

For purposes of taxation, privately owned land subject to a nature preserve dedication agreement shall be assessed on the basis of the true value of the land less any reduction in value caused by the agreement.

History

(1985, c. 216, s. 1; 2015-241, s. 14.30(k2).)

Editor's Note. - Former G.S. 113A-164.11 was recodified as G.S. 143B-135.270 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

§ 143B-135.272. Access to information; fees.

1. The Secretary may establish fees to defray the costs associated with any of the following:
   1. Responding to inquiries requiring customized environmental review services or the costs associated with developing, improving, or maintaining technology that supports an online interface for external users to access Natural Heritage Program data. The Secretary may reduce or waive the fee established under this subsection if the Secretary determines that a waiver or reduction of the fee is in the public interest.
   2. Any activity authorized under G.S. 143B-135.234(10), including an inventory of natural areas conducted under the Natural Heritage Program, conservation and protection planning, and informational programs for owners of natural areas, as defined in G.S. 143B-135.254.
2. Fees collected under this section are receipts of the Department of Natural and Cultural Resources and shall be deposited in the special fund for the purpose of supporting the operations of the Natural Heritage Program.

History

(2014-100, s. 14.13A(a); 2015-241, s. 14.30(k2), (r2); 2020-78, s. 8.3(a).)

Editor's Note. - Former G.S. 113A-164.12 was recodified as G.S. 143B-135.272 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Session Laws 2020-78, s. 22.1, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium."

Session Laws 2020-78, s. 22.3, is a severability clause.

Effect of Amendments. - Session Laws 2015-241, s. 14.30(r2), effective July 1, 2015, in subdivision (a)(2), substituted "G.S. 143B-135.234(10)" for "G.S. 113A-253(8c)" and substituted "G.S. 143B-135.254" for "G.S. 113A-164.3"; and substituted "Department of Natural and Cultural Resources" for "Department of Environment and Natural Resources" in subsection (b).

Session Laws 2020-78, s. 8.3(a), effective July 1, 2020, substituted "special fund" for "Clean Water Management Trust Fund" in subsection (b).

§ 143B-135.273. Administration of the Conservation Tax Credit program.

All duties and responsibilities related to stewardship and oversight of properties and interests for which tax credits were granted under the Conservation Tax Credit program for tax years beginning before January 1, 2014, and previously given to the Department of Environmental Quality or its predecessors are transferred to the Department of Natural and Cultural Resources. The Department of Natural and Cultural Resources shall exercise the duties and responsibilities transferred by this section through the Natural Heritage Program.

History

(2020-78, s. 8.3(b).)

Editor's Note. - Session Laws 2020-78, s. 22.1, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium."

Session Laws 2020-78, s. 22.3, is a severability clause.

Session Laws 2020-78, s. 22.4 made this section effective July 1, 2020.

§ 143B-136.1. Department of Health and Human Services - creation.

There is created a department to be known as the "Department of Health and Human Services," with the organization, duties, functions, and powers defined in this Article and other applicable provisions of law.

History

(1997-443, s. 11A.3.)

Transfer of Health Services. - Session Laws 1997-443, s. 11A.120, provides that references in the Session Laws to any department, division, or other agency that is transferred by Part XIA of the act shall be considered to refer to the successor department, division, or other agency. Every Session Law that refers to any department, division, or other agency to which that Part applies that relates to any power, duty, function, or obligation of any department, division, or agency and that continues in effect after that Part shall be construed so as to be consistent with that Part.

Session Laws 1997-443, s. 11A.124, provides all statutory authority, powers, duties, functions, records, personnel, property, and unexpended balances of appropriations or other funds of any agency which are transferred pursuant to this Part shall be transferred in their entirety.

Session Laws 1997-443, s. 11A.125, provides unless specifically provided to the contrary or unless a contrary intent is clear from the context, any official designation of any agency transferred by this Part as the State agency for any function, including specifically purposes of federal programs, shall be considered to be a designation of the successor agency.

Session Laws 1997-443, s. 11A.126, provides no later than 30 days after the effective date of this part, the Department of Health and Human Services and the Department of Environment and Natural Resources shall enter into a Memorandum of Agreement that provides for coordination between the departments as to any functions shared by the departments as a result of the passage of this Part. This Memorandum shall require that the Department of Environment and Natural Resources provide staff to the Commission for Health Services [now the Commission for Public Health] for the Commission's duties under Articles 8, 9, 10, and 12 of Chapter 130A of the General Statutes. Until a Memorandum of Agreement has been entered into by the departments, the Department of Health and Human Services shall provide all clerical and other services required by the Commission for Health Services [now the Commission for Public Health].

Session Laws 1997-443, s. 11A.130, provides in part that Part XIA of that act becomes effective when the act becomes law (August 28, 1997).

Prescription Drug System. - Session Laws 2001-424, ss. 21.6(a) to (d), as amended by Session Laws 2001-513, s. 20, and by Session Laws 2002-126, s. 10.6, provides: "(a) Of the funds appropriated in this act [Session Laws 2001-424] to the Department of Health and Human Services, the sum of two hundred thousand dollars ($200,000) for the 2001-2002 fiscal year shall be used to initiate the development of a system to assist eligible individuals in obtaining prescription drugs at no cost through pharmaceutical company programs. The system will be designed to minimize the efforts of patients and their health care providers in securing needed drugs. The required patient and health care provider data will be maintained and orders tracked in order to initiate timely reorders of needed drugs to assure continuity of medication intake. The Department may contract with a private nonprofit organization to assist in the development of the system as provided under this section.

"(b) The development of the system shall be jointly managed by the Office of Research, Demonstrations and Rural Health Development and the Office of Pharmacy Services, Division of Public Health.

"(c) The Department shall work with pharmaceutical companies in obtaining access to company applications for assistance and making those applications available to the general public. The Department shall ensure that pharmaceutical company programs are registered with the Department and shall obtain the application forms of each pharmaceutical program.

"(d) The Department shall report on the implementation of this section [s. 21.6 of Session Laws 2001-424] on January 1, 2002, April 1, 2002, and October 1, 2002, to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division."

Acute Care and Long-Term Care Expenditures. - Session Laws 2001-424, s. 21.19(q), as amended by Session Laws 2002-126, s. 10.11(a), provides: "The Department of Health and Human Services shall submit a quarterly status report on expenditures for acute care and long-term care services to the Fiscal Research Division and to the Office of State Budget and Management. This report shall include an analysis of budgeted versus actual expenditures for eligibles by category and for long-term care beds. In addition, the Department shall revise the program's projected spending for the current fiscal year and the estimated spending for the subsequent fiscal year on a quarterly basis. The quarterly expenditure report and the revised forecast shall be forwarded to the Fiscal Research Division and to the Office of State Budget and Management no later than the third Thursday of the month following the end of each quarter."

Division of Early Intervention and Education. - Session Laws 2001-424, ss. 21.80(b) to (f), provide: "(b) The Division of Early Intervention and Education is dissolved and an Office of Education Services [subsequently dissolved by Session Laws 2010-31, s. 10.21A(a)] is created within the Department of Health and Human Services. The purpose of this office is to manage the Schools for the Deaf, the Governor Morehead School for the Blind, and their preschool components. The Office shall have a Superintendent and appropriate staff to manage these schools. The purpose of the Office is to improve student academic and postsecondary outcomes and to strengthen collaborative relationships with local education agencies and with the State Board of Education.

"(c) The Early Intervention program, including all positions and the corresponding State appropriations, federal funds, and other funds that were in the Early Intervention program as of January 1, 2001, are transferred from the Division of Early Intervention and Education to the Division of Public Health, Women's and Children's Health Section.

"(d) The Developmental Evaluation Centers, including all positions and the corresponding State appropriations, federal funds, and other funds, are transferred from the Division of Early Intervention and Education to the Division of Public Health, Women's and Children's Health Section.

"(e) The Governor Morehead School preschool program, including all positions and the corresponding State appropriations, federal funds, and other funds, is transferred from the Division of Early Intervention and Education to the Governor Morehead School.

"(f) The Department of Health and Human Services shall make the necessary organization changes effective immediately and the budget adjustments by October 1, 2001."

Public Health Improvement Plan - Session Laws 2009-451, s. 10.26(a)-(j), provides: "(a) The Department of Health and Human Services (DHHS) shall develop a five-year Public Health Improvement Plan (Plan) by March 31, 2010. In developing the Plan the Secretary shall:

"(1) Adopt a list of services and activities performed by local health departments that qualify as core public health functions of statewide significance.

"(2) Adopt a list of performance measures with the intent of improving health status indicators applicable to core public health functions of statewide significance that local health departments (LHDs) must provide.

"(3) Identify a set of health status indicators to be given priority by LHDs.

"Under the Plan, all priorities and health status indicators must incorporate as an essential activity the disparity of diseases amongst populations and locales.

"(b) In order for measurable benefits to be realized through the implementation of the Plan, the Plan shall include the adoption of levels of performance necessary to promote:

"(1) Uniformity across local health departments,

"(2) Best evidence-based services,

"(3) National standards of performance,

"(4) Innovations in public health practice, and

"(5) Reduction of geographic and racial health disparities.

"LHDs shall have the flexibility and opportunity to use the resources available to achieve the required performance measures in a manner that best suits the LHD.

"(c) The Plan will address the need to provide county health departments with financial incentives to encourage and increase local investment in public health functions. County governments shall not supplant existing local funding with State incentive resources. The Secretary may revise the list of activities and performance measures as appropriate, but before doing so, the Secretary shall provide a written explanation of the rationale for the addition, deletion, or revision.

"(d) In developing the Plan the Secretary shall establish and chair the Public Health Improvement Plan Task Force (Task Force), the members and expertise of which shall include:

"(1) Local health departments,

"(2) Department staff,

"(3) Individuals and entities with expertise in the development of performance measures, accountability, and systems management,

"(4) Experts in development of evidence-based medical guidelines or public health practice guidelines, and

"(5) Individuals and entities that will be affected by the performance measures.

"(e) The implementation schedule for the Plan shall be as follows:

"(1) July 1, 2009, establish the Task Force to develop the Plan,

"(2) March 31, 2010, submit the Plan to the 2010 Regular Session of the 2009 General Assembly,

"(3) July 1, 2010, implement the Plan, and

"(4) November 15, 2011, and annually thereafter, report on Plan implementation.

"(f) The Department will identify the programmatic activities and funding in the Division of Public Health associated with the core functions and activities in the Plan. Funds associated with these activities shall be subject to a flexible spending formula adopted by the Department, as follows:

"(1) Beginning in SFY 2010-2011, the flexible spending formula will begin to replace the current spending with a more effective method of funding public health activities at the local level and achieving the results expected.

"(2) The Task Force shall identify a reliable and consistent source of State revenue to fund the flexible spending formula.

"(3) If sufficient additional revenue is available to implement the Plan, a separate set-aside of available funds would be created. This set-aside would be available to contiguous LHDs that seek to address a specific women's health, child health, or adult health disease or chronic condition, and in doing so, choose to merge into a single Local Health District, thus saving administrative dollars to be focused on public health issues.

"(g) Funds appropriated to the Department for flexible spending shall be distributed to county health departments as follows:

"(1) Each of the county health departments will receive a base amount to be determined by the DHHS.

"(2) The balance of funds in the Flexible Spending Account is to be distributed to the counties on the basis of a formula that takes into consideration the following elements:

"a. Population,

"b. Per capita income,

"c. Rates of:

"1. Infant mortality,

"2. Teenage pregnancy,

"3. Tobacco use,

"4. Cancer,

"5. Heart disease,

"6. Diabetes, and

"7. Stroke.

"d. Percent of minorities in the county,

"e. Body Mass Index (BMI) of public school students, and

"f. Other factors as the Secretary may find necessary to achieve the goals of the Plan.

"(3) The use of the funds by the LHD would reflect the core public health functions. It will be incumbent upon the LHD to use the funds in a manner that assures its achievement of the performance measures adopted by the Secretary.

"(h) To ensure compliance with Department directives, the Task Force shall consider requiring each county health department to submit to the Secretary such data as the Secretary determines is necessary to allow the Secretary to assess whether the county health department has used the funds in a manner consistent with achieving the performance measures associated with this Plan.

"(i) Beginning November 15, 2011, and biannually thereafter, the Secretary shall report to the Governor and the General Assembly on:

"(1) The distribution of funds to LHDs,

"(2) The use of these funds by LHDs,

"(3) The specific effect the funding from this Plan has had on:

"a. LHDs' performance,

"b. Health status indicators, and

"c. Health disparities.

"The Secretary's initial report will focus on implementation. Subsequent reports will evaluate trends in performance and expenditures."

Plan for Relocating All DHHS Offices to One Location. - Session Laws 2015-241, s. 31.10(a), (b), provides: "(a) The Department of Health and Human Services, in consultation with the Department of Administration, shall develop a plan for relocating the administrative personnel and resources of the Department of Health and Human Services that are located on the Dorothea Dix campus and on other property leased or owned by the State in the Greater Triangle area (consisting of Durham, Orange, Johnston, and Wake Counties) to one site available to the State. The plan shall not provide for the relocation of personnel and resources whose primary responsibilities include the provision of services directly to the public in the Greater Triangle area. The Department shall report the plan to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division by the earlier of October 1, 2016, or six months prior to the date on which the Department is required to move some or all of its personnel and resources from the Dorothea Dix campus under the terms of an agreement between the State and the City of Raleigh. The plan required by this section shall include at least all of the following information:

"(1) The location to which the personnel and resources of the Department of Health and Human Services will be relocated.

"(2) The square footage needed in order to accommodate the relocation.

"(3) A statement of anticipated costs or benefits associated with the relocation.

"(4) A schedule for implementation of the relocation plan.

"(5) Identification of any potential obstacles to the relocation plan.

"(6) Options for financing the relocation plan developed in conjunction with the State Treasurer and the State Controller.

"(b) Notwithstanding any other provision of law, neither the Department of Health and Human Services nor the Department of Administration shall enter into any lease or other agreement to move the personnel or resources of the Department of Health and Human Services that currently reside on the Dorothea Dix campus or on other property leased or owned by the State in the Greater Triangle area to another site until specifically authorized to do so by the General Assembly."

Editor's Note. - Session Laws 1997-443, s. 35.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 1997-99 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 1997-99 fiscal biennium."

Session Laws 2001-424, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Acts of 2001'."

Session Laws 2001-424, s. 36.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2001-2003 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2001-2003 fiscal biennium."

Session Laws 2001-424, s. 36.5, is a severability clause.

Session Laws 2004-124, s. 10.28B.(a)-(g), provides: "(a) The Department of Health and Human Services shall expand the pilot accreditation process for local health departments to include additional counties.

"(b) The Pilot Accreditation Advisory Board (hereafter 'Advisory Board') is established within the North Carolina Institute for Public Health. The Advisory Board shall be composed of 15 members appointed by the Secretary of Health and Human Services as follows:

"(1) Four shall be county commissioners recommended by the North Carolina Association of County Commissioners, and four shall be members of a local board of health as recommended by the North Carolina Association of Local Boards of Health.

"(2) Two local health directors.

"(3) One staff member from the Department of Health and Human Services, Division of Public Health.

"(4) Three members at large.

"(5) One recommended by the Secretary of Environment and Natural Resources, from the Division of Environmental Health [Division of Water Resources].

"(c) Members of the Advisory Board who are not officers or employees of the State shall receive reimbursement for travel and subsistence expenses at the rates specified in G.S. 138-5. Members of the Advisory Board who are officers or employees of the State shall receive reimbursement for travel and subsistence at the rate set out in G.S. 138-6.

"(d) The Advisory Board shall evaluate the Department's pilot accreditation process for local health departments, including the following:

"(1) The standards by which the pilot local health departments are judged.

"(2) The self-assessment process used by the pilot counties.

"(3) The process for local site reviews and appeals.

"(4) The makeup of the proposed State accrediting entity and its relationship to the Department.

"(5) The cost of meeting the accreditation standards in the pilot counties.

"(e) Of the funds appropriated in this act to the Department of Health and Human Services the sum of fifty thousand dollars ($50,000) for the 2004-2005 fiscal year shall be allocated for administrative costs and for activities of the Pilot Accreditation Advisory Board for the accreditation of additional local health departments. The Department shall contract with the Institute for Public Health, which shall be responsible for implementation of the pilot accreditation process.

"(f) Not later than April 1, 2005, the Pilot Accreditation Advisory Board shall report its findings to the Director of the Institute for Public Health, the Secretary of the Department of Health and Human Services, and the cochairs of the House and Senate Appropriations Committees for Health and Human Services.

"(g) The North Carolina Public Health Task Force 2004 shall continue its work on the Public Health Improvement Plan and in its final report to the General Assembly shall include comparisons of the recommendations of the Task Force with the Model State Public Health Act, Public Health Statute Modernization National Excellence Collaborative, September 2003."

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

§ 143B-137: Repealed by Session Laws 1997-443, s. 11A.2.

§ 143B-137.1. Department of Health and Human Services - duties.

It shall be the duty of the Department to provide the necessary management, development of policy, and establishment and enforcement of standards for the provisions of services in the fields of public and mental health and rehabilitation with the intent to assist all citizens - as individuals, families, and communities - to achieve and maintain an adequate level of health, social and economic well-being, and dignity. Whenever possible, the Department shall emphasize preventive measures to avoid or to reduce the need for costly emergency treatments that often result from lack of forethought. The Department shall establish priorities to eliminate those excessive expenses incurred by the State for lack of adequate funding or careful planning of preventive measures.

History

(1997-443, s. 11A.3.)

Cross References. - As to establishment of a Spay/Neuter Program in the Department of Health and Human Services, see G.S. 19A-60 et seq.

As to report by the Division of Social Services on the activities of the State Child Fatality Review Team, see G.S. 143B-150.20(h).

Ruth M. Easterling Trust Fund for Children with Special Needs. - Session Laws 2002-126, s. 6.13, provides: "Whereas, Representative Ruth M. Easterling has served as an advocate for the children of the State for over 25 years as a member of the General Assembly, there is established the 'Ruth M. Easterling Trust Fund for Children With Special Needs'. The purpose of the Trust Fund is to fund services for children with special needs that are not currently provided with State funds. The Trust Fund shall be used to:

"(1) Provide respite services for adoptive children, for children in foster care, and for other children with special needs at risk of out-of-home placement.

"(2) Pay for special services to, and special equipment for, children with special needs when there is no other source for payment, including, but not limited to, surgical repair of congenital anomalies and the purchase of mobility equipment.

"(3) Provide training to parents and caregivers in the unique care needs of children with special needs.

"The Secretary of Health and Human Services shall adopt rules to implement this section. By March 1, 2003, the Secretary shall report to the Chairs of the House of Representatives Appropriations Subcommittee on Health and Human Services and the Senate Appropriations Committee on Health and Human Services on the use of the Trust Fund."

Establishment of Special Needs Plan. - Session Laws 2007-323, s. 10.40F(a)-(c), provides: "(a) The Department of Health and Human Services, Division of Medical Assistance, shall evaluate and establish a pilot program in at least two but not more than four regions of the State to offer nursing facility certifiable (NFC) dual eligible Medicaid recipients services through a Special Needs Plan (SNP). The SNP will work with the Department's Community Care Networks. The SNP must be currently licensed in the State, have expertise in managing NFC dually eligible Medicaid recipients, have expertise or a relationship with experts in geriatrics and be capable and willing to work directly with Community Care North Carolina (CCNC). The SNP must also have no citations or ongoing investigations from the State, the Centers for Medicaid and Medicare Services, or other regulatory agency.

"(b) In establishing the pilot program, the Department shall select up to four regions (county clusters) based on the number of NFC dual eligible Medicaid recipients, number of skilled nursing facilities, and other factors. These regions and their respective CCNC will work with the SNP to promote enhanced care, greater efficiency, and cost savings.

"(c) The Department shall report on the evaluation, selection, and implementation of the pilot program to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division not later than May 1, 2008. The Department shall include in its report information on increased primary care visits, hospital admission and readmission rates, mortality rates, results of pharmacy management, measurable quality outcomes, and associated cost savings for NFC managed through this pilot. The Department shall also include in its report the feasibility of expansion of the pilot to other regions of the State or expansion into the assisted living and home-based populations."

Health Information Technology. - Session Laws 2009-451, s. 10.27(c), provides: "Beginning October 1, 2009, the Department of Health and Human Services shall provide quarterly written reports on the status of HIT efforts to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division. The report shall include the following:

"(1) Current status of federal HIT initiatives.

"(2) Current status of State HIT efforts and initiatives among both public and private entities.

"(3) A breakdown of current public and private funding sources and dollar amounts for State HIT initiatives.

"(4) Department efforts to coordinate HIT initiatives within the State and any obstacles or impediments to coordination.

"(5) HIT research efforts being conducted within the State and sources of funding for research efforts.

"(6) Opportunities for stakeholders to participate in HIT funding and other efforts and initiatives during the next quarter.

"(7) Issues associated with the implementation of HIT in North Carolina and recommended solutions to these issues."

Session Laws 2011-145, s. 10.24(a)-(c), as amended by Session Laws 2013-360, s. 12A.3(c), provides: "(a) The Department of Health and Human Services, in cooperation with the State Chief Information Officer, shall coordinate health information technology (HIT) policies and programs within the State of North Carolina. The Department's goal in coordinating State HIT policy and programs shall be to avoid duplication of efforts and to ensure that each State agency, public entity, and private entity that undertakes health information technology activities does so within the area of its greatest expertise and technical capability and in a manner that supports coordinated State and national goals, which shall include at least all of the following:

"(1) Ensuring that patient health information is secure and protected, in accordance with applicable law.

"(2) Improving health care quality, reducing medical errors, reducing health disparities, and advancing the delivery of patient-centered medical care.

"(3) Providing appropriate information to guide medical decisions at the time and place of care.

"(4) Ensuring meaningful public input into HIT infrastructure development.

"(5) Improving the coordination of information among hospitals, laboratories, physicians' offices, and other entities through an effective infrastructure for the secure and authorized exchange of health care information.

"(6) Improving public health services and facilitating early identification and rapid response to public health threats and emergencies, including bioterrorist events and infectious disease outbreaks.

"(7) Facilitating health and clinical research.

"(8) Promoting early detection, prevention, and management of chronic diseases.

"(b) The Department of Health and Human Services shall establish and direct a HIT management structure that is efficient and transparent and that is compatible with the Office of the National Health Coordinator for Information Technology (National Coordinator) governance mechanism. The HIT management structure shall be responsible for all of the following:

"(1) Developing a State plan for implementing and ensuring compliance with national HIT standards and for the most efficient, effective, and widespread adoption of HIT.

"(2) Ensuring that (i) specific populations are effectively integrated into the State plan, including aging populations, populations requiring mental health services, and populations utilizing the public health system; and (ii) unserved and underserved populations receive priority consideration for HIT support.

"(3) Identifying all HIT stakeholders and soliciting feedback and participation from each stakeholder in the development of the State plan.

"(4) Ensuring that existing HIT capabilities are considered and incorporated into the State plan.

"(5) Identifying and eliminating conflicting HIT efforts where necessary.

"(6) Identifying available resources for the implementation, operation, and maintenance of health information technology, including identifying resources and available opportunities for North Carolina institutions of higher education.

"(7) Ensuring that potential State plan participants are aware of HIT policies and programs and the opportunity for improved health information technology.

"(8) Monitoring HIT efforts and initiatives in other states and replicating successful efforts and initiatives in North Carolina.

"(9) Monitoring the development of the National Coordinator's strategic plan and ensuring that all stakeholders are aware of and in compliance with its requirements.

"(10) Monitoring the progress and recommendations of the HIT Policy and Standards Committee and ensuring that all stakeholders remain informed of the Committee's recommendations.

"(11) Monitoring all studies and reports provided to the United States Congress and reporting to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on the impact of report recommendations on State efforts to implement coordinated HIT.

"(c) By no later than January 15, 2015, the Department of Health and Human Services shall provide a written report on the status of HIT efforts to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division. The report shall be comprehensive and shall include all of the following:

"(1) Current status of federal HIT initiatives.

"(2) Current status of State HIT efforts and initiatives among both public and private entities.

"(3) A breakdown of current public and private funding sources and dollar amounts for State HIT initiatives.

"(4) Department efforts to coordinate HIT initiatives within the State and any obstacles or impediments to coordination.

"(5) HIT research efforts being conducted within the State and sources of funding for research efforts.

"(6) Opportunities for stakeholders to participate in HIT funding and other efforts and initiatives during the next quarter.

"(7) Issues associated with the implementation of HIT in North Carolina and recommended solutions to these issues."

Session Laws 2013-360, s. 12A.3(a), (b), provides: "(a) The Department of Health and Human Services, in cooperation with the State Chief Information Officer, shall coordinate health information technology (HIT) policies and programs within the State of North Carolina. The Department's goal in coordinating State HIT policy and programs shall be to avoid duplication of efforts and to ensure that each State agency, public entity, and private entity that undertakes health information technology activities does so within the area of its greatest expertise and technical capability and in a manner that supports coordinated State and national goals, which shall include at least all of the following:

"(1) Ensuring that patient health information is secure and protected, in accordance with applicable law.

"(2) Improving health care quality, reducing medical errors, reducing health disparities, and advancing the delivery of patient-centered medical care.

"(3) Providing appropriate information to guide medical decisions at the time and place of care.

"(4) Ensuring meaningful public input into HIT infrastructure development.

"(5) Improving the coordination of information among hospitals, laboratories, physicians' offices, and other entities through an effective infrastructure for the secure and authorized exchange of health care information.

"(6) Improving public health services and facilitating early identification and rapid response to public health threats and emergencies, including bioterrorist events and infectious disease outbreaks.

"(7) Facilitating health and clinical research.

"(8) Promoting early detection, prevention, and management of chronic diseases.

"(b) The Department of Health and Human Services shall establish and direct an HIT management structure that is efficient and transparent and that is compatible with the Office of the National Health Coordinator for Information Technology (National Coordinator) governance mechanism. The HIT management structure shall be responsible for all of the following:

"(1) Developing a State plan for implementing and ensuring compliance with national HIT standards and for the most efficient, effective, and widespread adoption of HIT.

"(2) Ensuring that (i) specific populations are effectively integrated into the State plan, including aging populations, populations requiring mental health services, and populations utilizing the public health system, and (ii) unserved and underserved populations receive priority consideration for HIT support.

"(3) Identifying all HIT stakeholders and soliciting feedback and participation from each stakeholder in the development of the State plan.

"(4) Ensuring that existing HIT capabilities are considered and incorporated into the State plan.

"(5) Identifying and eliminating conflicting HIT efforts where necessary.

"(6) Identifying available resources for the implementation, operation, and maintenance of health information technology, including identifying resources and available opportunities for North Carolina institutions of higher education.

"(7) Ensuring that potential State plan participants are aware of HIT policies and programs and the opportunity for improved health information technology.

"(8) Monitoring HIT efforts and initiatives in other states and replicating successful efforts and initiatives in North Carolina.

"(9) Monitoring the development of the National Coordinator's strategic plan and ensuring that all stakeholders are aware of and in compliance with its requirements.

"(10) Monitoring the progress and recommendations of the HIT Policy and Standards Committee and ensuring that all stakeholders remain informed of the Committee's recommendations.

"(11) Monitoring all studies and reports provided to the United States Congress and reporting to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on the impact of report recommendations on State efforts to implement coordinated HIT."

Pilot Program/Increase Access to Public Benefits for Older Dual Eligible Seniors. - Session Laws 2016-94, s. 12C.3, provides: "(a) The Department of Health and Human Services, Division of Social Services (Division), shall establish an evidence-based pilot program to increase access to public benefits for seniors aged 65 and older who are dually enrolled in Medicare and Medicaid to (i) improve the health and independence of seniors and (ii) reduce health care costs. On or before January 1, 2017, the Division shall partner with a not-for-profit firm for the purposes of engaging in a data-driven campaign to help seniors aged 65 and older who are dually enrolled in Medicare and Medicaid meet their basic social needs. The not-for-profit firm shall have demonstrated experience in assisting with these types of services and the partnership shall accomplish each of the following:

"(1) Identify through data sharing, dual eligible seniors aged 65 and older who qualify for the Supplemental Nutrition and Assistance Program (SNAP) but are not currently enrolled.

"(2) Conduct an outreach program towards those seniors for the purpose of enrolling them into SNAP.

"(3) Provide comprehensive application assistance through outreach specialists to complete public benefits application processes.

"(4) Evaluate project effectiveness and explore how data can be utilized to achieve optimal outcomes.

"(5) Make recommendations regarding policy options available to the State to streamline access to benefits.

"(b) The Division of Social Services shall report to the Office of the Governor and the Joint Legislative Oversight Committee on Health and Human Services on its progress in the pilot program by February 1 following each year the pilot program is in place. The report shall, at a minimum, include the following:

"(1) The number of seniors age 65 and older who are dual eligibles but are not enrolled in SNAP.

"(2) The number of those identified that would be included in the sample population.

"(3) Methods of outreach toward those seniors in the sample population.

"(4) Number of to date enrollments in SNAP as a direct result of outreach during the pilot program.

"(5) Participation rate to date in SNAP of those seniors in the sample population.

"(6) Any other findings the Division deems relevant.

"(c) If funding and capacity exist, the Division of Social Services may expand the pilot program to include other public benefits programs."

Session Laws 2017-57, s. 11C.8(a)-(c), provides: "(a) The Department of Health and Human Services, Division of Social Services (Division), shall continue implementing an evidence-based pilot program to increase access to public benefits for seniors aged 65 and older who are dually enrolled in Medicare and Medicaid to (i) improve the health and independence of seniors and (ii) reduce health care costs. The Division shall continue to partner with a not-for-profit firm for the purposes of engaging in a data-driven campaign to help seniors aged 65 and older who are dually enrolled in Medicare and Medicaid meet their basic social needs. The not-for-profit firm shall have demonstrated experience in assisting with these types of services and the partnership shall accomplish each of the following:

"(1) Identify, through data sharing, dual eligible seniors aged 65 and older who qualify for the Supplemental Nutrition and Assistance Program (SNAP) but are not currently enrolled.

"(2) Conduct an outreach program toward those seniors for the purpose of enrolling them into SNAP.

"(3) Provide comprehensive application assistance through outreach specialists to complete public benefits application processes.

"(4) Evaluate project effectiveness and explore how data can be utilized to achieve optimal outcomes.

"(5) Make recommendations regarding policy options available to the State to streamline access to benefits.

"(b) The Division shall report to the Office of the Governor and the Joint Legislative Oversight Committee on Health and Human Services on its progress in the pilot program by February 1 following each year the pilot program is in place. The report shall, at a minimum, include the following:

"(1) The number of seniors age 65 and older who are dual eligibles but are not enrolled in SNAP.

"(2) The number of those identified that would be included in the sample population.

"(3) Methods of outreach toward those seniors in the sample population.

"(4) Number of to date enrollments in SNAP as a direct result of outreach during the pilot program.

"(5) Participation rate to date in SNAP of those seniors in the sample population.

"(6) Any other findings the Division deems relevant.

"(c) Any nonrecurring funds remaining in the 2016-2017 fiscal year from implementation of the pilot program under this section shall not revert, but shall remain available for continued implementation of the pilot program, along with any private or nonprofit funding provided to the Division for use in the pilot program. If funding and capacity exist, the Division of Social Services may expand the pilot program to include other public benefits programs."

Editor's Note. - For the creation of the Office of Education Services, see Editor's note at G.S. 143B-136.1 under the heading of "Division of Early Intervention and Education."

Session Laws 2002-126, s. 1.2, provides: "This act shall be known as 'The Current Operations, Capital Improvements, and Finance Act of 2002'."

Session Laws 2002-126, s. 31.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2002-2003 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2002-2003 fiscal year. For example, uncodified provisions of this act relating to the Medicaid program apply only to the 2002-2003 fiscal year."

Session Laws 2002-126, s. 31.6, is a severability clause.

Session Laws 2006-194, s. 2, as amended by Session Laws 2007-125, s. 1, provides: "Beginning January 1, 2007, and for a period of two years thereafter, the Department of Health and Human Services shall not issue any licenses for new home care agencies that intend to offer in-home aide services. This shall not restrict the Department from issuing licenses to certified home health agencies that intend to offer in-home aide services or to agencies that need a new license for an existing home care agency being acquired. This will allow the Department more time to work with existing home care agencies to assure compliance with the newly adopted home care rules."

Session Laws 2007-107, s. 4.2(a), provides: "(a) The Department of Crime Control and Public Safety [Department of Public Safety] and the Department of Health and Human Services shall jointly identify and evaluate sources of permanent funding for State Medical Assistance Teams in light of the uncertain future availability of federal and local funding. The Department shall jointly report its findings and recommendations, including any legislative proposals, to the Fiscal Research Division on or before 1 January 2008."

Session Laws 2007-323, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2007'."

Session Laws 2007-323, s. 32.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2007-2009 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2007-2009 fiscal biennium."

Session Laws 2007-323, s. 32.5, is a severability clause.

Session Laws 2009-451, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2009'."

Session Laws 2009-451, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2009-2011 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2009-2011 fiscal biennium."

Session Laws 2009-451, s. 28.5, is a severability clause.

Session Laws 2011-185, s. 2(a), provides: "The Division of Mental Health, Developmental Disabilities, and Substance Abuse Services of the Department of Health and Human Services shall collaborate with military agencies and other appropriate organizations to determine gaps in the care of current and former members of the reserve or active components of the Armed Forces of the United States with traumatic brain injury, shall develop recommendations for an accessible community-based neurobehavioral system of care for those service members, and shall report its recommendations by July 1, 2012, to the Chairs of the House of Representatives and Senate Appropriations Subcommittees on Health and Human Services and Justice and Public Safety, to the Chairs of the House of Representatives Committee on Homeland Security, Military, and Veterans Affairs, and to the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services. The recommendations shall be tailored so that, if implemented, services would be available to service members, veterans, and their families and would consist of neurobehavioral programs, residential programs, comprehensive day programs, and home-based programs."

Session Laws 2011-185, s. 2(b), provides: "The Division of Medical Assistance of the Department of Health and Human Services, MedSolutions, Inc., and the appropriate health professionals at the United States Department of Veterans Affairs shall work together to ensure that MedSolutions, Inc., is using the appropriate evidence-based diagnostic testing (including imaging, biomarker testing, and other tests) for screening and assessment of traumatic brain injury."

Session Laws 2011-185, s. 8(a), provides: "The Division of Mental Health, Developmental Disabilities, and Substance Abuse Services of the Department of Health and Human Services shall, in conjunction with the Citizen Soldier Support Program, the Governor's Focus on Servicemembers, Veterans, and Their Families, the North Carolina Division of Veterans Affairs, the United States Department of Veterans Affairs, and other appropriate organizations, develop a training curriculum to be targeted at the following types of organizations:

"(1) Crisis workers, including mental health and addiction services staff on mobile crisis teams; screening, triage, and referral (STR) teams; public safety officers; crisis intervention teams (CITs); emergency management technicians (EMTs); disaster and emergency response teams; local sheriffs' offices; and local Red Cross chapters.

"(2) Veterans service organizations and veterans service officers.

"(3) Professional advocacy and support organizations, including the National Alliance on Mental Illness North Carolina, the Traumatic Brain Injury Association of North Carolina, and other nonprofit organizations that have a mission to serve members of the active duty and reserve components, veteran members of the military, and their families.

"(4) Military chaplains."

Session Laws 2011-185, s. 8(b), provides: "The training curriculum shall include information about the following core issues:

"(1) The types of mental health and substance abuse disorders that service personnel and their families may have experienced, including traumatic brain injury (TBI), posttraumatic stress disorder (PTSD), military sexual trauma (MST), depression, substance use disorder (SUD), potential suicide risks, or domestic violence.

"(2) Strategies to encourage eligible veterans to enroll in and access services through the VA system, including opportunities to enroll former military members with previously undiagnosed PTSD, MST, TBI, or SUD, and those who left under less than honorable discharges into the VA system, if the reason for the discharge was due to behavioral health problems that arose or were exacerbated through military service.

"(3) Available referral sources through TRICARE, the United States Department of Veterans Affairs, Military One Source, Army One Source, Defense Centers of Excellence, Deployment Health Clinical Center, the North Carolina National Guard's Integrated Behavioral Health System, Local Management Entities, the North Carolina Department of Health and Human Services (DHHS) Office of Citizen Services, North Carolina Health Info, Federally Qualified Health Centers, professional advocacy and support services, and other community resources."

Session Laws 2011-185, s. 8(c), provides: "That portion of the training curriculum directed towards crisis workers, professional advocacy and support organizations, and faith communities shall include information about the following:

"(1) The number of North Carolinians who are serving or who have served in the active or reserve components of the Armed Forces of the United States.

"(2) Military culture.

"(3) The average number of deployments, length of time in conflict zones, and potential injuries these members may have faced, particularly those who have served recently in Iraq or Afghanistan.

"(4) The potential impact of the deployment cycle on family members and children. This information shall include information about resiliency skills, intervention skills, resources, and community supports, with a focus on the critical role of the faith community in the provision of assistance with needed service, personal support, and, when necessary, grief counseling.

"(5) Early identification of individual or family members with mental health or substance abuse disorders and appropriate referral sources."

Session Laws 2011-185, s. 8(d), provides: "On or before July 1, 2012, the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services shall report on the curriculum developed pursuant to this section to the Joint Legislative Health Care Oversight Committee, the House of Representatives and Senate Appropriations Subcommittees on Health and Human Services, and the House of Representatives Committee on Homeland Security, Military, and Veterans Affairs."

Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.'"

Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year."

Session Laws 2016-94, s. 39.7, is a severability clause.

Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'"

Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium."

Session Laws 2017-57, s. 39.6, is a severability clause.

Session Laws 2018-5, s. 11H.8(a), (b), provides: "(a) The Department of Health and Human Services (DHHS) shall conduct an evaluation of its current administrative and policy staffing within the Division of Medical Assistance (DMA) and the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services (DMH/DD/SAS), as well as its future administrative staffing requirements for the Division of Health Benefits (DHB) in light of a managed care service delivery environment. In conducting this evaluation, DHHS shall do all of the following:

"(1) Consider the changing functional needs and required staff experience and competencies within DHHS based upon the introduction of capitated contracts with local management entities/managed care organizations (LME/MCOs).

"(2) Determine whether any administrative or policy functions are duplicative between DMA and DMH/DD/SAS. This determination should take into account any functions carried out through vendor contracts.

"(3) Determine whether any administrative or policy functions performed by staff within DMA or DMH/DD/SAS are duplicative of functions either contractually required to be performed by LME/MCOs or through vendor contracts.

"(4) Evaluate whether the administrative and policy staffing needs of DMA and DMH/DD/SAS correspond to similar administrative and policy staffing needs for DHB as Medicaid moves to an expanded managed care delivery system. This evaluation shall include how the administrative and policy staffing needs of DHB will be structured to align more appropriately with a managed care environment. This evaluation should take into account any functions that will be carried out through vendor contracts.

"(5) Assess whether the current positions within DMA, DMH/DD/SAS, and DHB ensure effective monitoring of, oversight of, and analysis of relevant data to assess the success of the Medicaid and State-funded behavioral health system.

"(6) Recommend divisional staffing changes and changes to contractual agreements to align more appropriately with a managed care delivery environment for the Medicaid and State-funded behavioral health system. The recommendations should include a transition plan with a detailed time line for making these changes.

"(b) No later than October 1, 2019, the Department of Health and Human Service (DHHS) shall report to the Joint Legislative Oversight Committee on Medicaid and NC Health Choice, the Joint Legislative Oversight Committee on Health and Human Services, and the Fiscal Research Division on the evaluation required by subsection (a) of this section, including changes to positions within DHHS made as a result of the evaluation and legislation required to implement recommendations made as a result of the evaluation."

Session Laws 2018-93, s. 1(a), (b) provides: "(a) The Department of Health and Human Services shall study and analyze North Carolina's ability to provide women with timely and equitable access to high-quality, risk-appropriate maternal and neonatal care. The study shall examine at least all of the following:

"(1) The complexity levels of care currently being provided by all delivering hospitals in caring for birth mothers and newborns.

"(2) How current systems of referral and transport to different facilities and specialty providers based on patient risk are being managed.

"(3) Disparities in access to risk-appropriate maternal and hospital care.

"(4) Service gaps.

"(5) Issues that impact the ability to most appropriately match patient need with provider skill.

"(6) Recommendations for actionable steps that can be taken in North Carolina to best ensure that pregnant women receive quality prenatal care and that mothers and newborns are cared for in a facility that can meet their specific clinical needs.

"(7) Any other issues the Department deems relevant to this study."

"(b) The Department shall make an interim report of its findings and recommendations to the 2019 Regular Session of the 2019 General Assembly on or before May 1, 2019, and a final report of its findings and recommendations, including any recommended legislation, to the 2020 General Assembly."

Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.' "

Session Laws 2018-5, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2018-2019 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2018-2019 fiscal year."

Session Laws 2018-5, s. 39.7, is a severability clause.

Session Laws 2019-225, s. 9, provides: "The Department of Health and Human Services, the Department of Justice, local health departments as defined in G.S. 130A-2(5), and local law enforcement agencies are authorized to engage third-party toxicology laboratories, capable of providing clinical intelligence and data related to prescription and illicit drug usage trends and developments, for the purpose of providing data to guide the delivery of drug treatment and law enforcement resources."

Session Laws 2020-4, s. 1.1, provides: "This act shall be known as the "2020 COVID-19 Recovery Act."

Session Laws 2020-4, s. 1.2, provides: "Except as otherwise provided, the following definitions apply in this act:

"(1) CDC. - The federal Centers for Disease Control and Prevention.

"(2) Coronavirus or COVID-19. - The coronavirus disease 2019.

"(3) COVID-19 emergency. - The period beginning March 10, 2020, and ending on the date the Governor signs an executive order rescinding Executive Order No. 116 (2020), Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID-19.

"(4) COVID-19 Recovery Legislation. - The following legislation enacted by Congress:

"a. The Coronavirus Aid, Relief, and Economic Security (CARES) Act, P.L. 116-136.

"b. The Families First Coronavirus Response Act, P.L. 116-127.

"c. The Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020, P.L. 116-123.

"d. Paycheck Protection Program and Health Care Enhancement Act, P.L. 116-139."

Session Laws 2020-4, s. 1.3, provides: "The General Assembly finds that State government must serve as a facilitator in assisting local governments, communities, families, workers and other individuals, and businesses in accessing federal relief and recovery funds related to the COVID-19 pandemic. The purpose of this act is to fulfill the General Assembly's constitutional duty to appropriate all funds, including federal funds appropriated or otherwise made available under the COVID-19 Recovery Legislation, and to direct the use of those funds in a manner that is consistent with the authorizing federal legislation and that responsibly provides for the public health and economic well-being of the State."

Session Laws 2020-4, s. 4.10(a), (b), provides: "(a) OSBM shall not release the funds allocated in subdivision (35) of Section 3.3 of this act to the Department of Health and Human Services until the Department fulfills all of the following requirements:

"(1) The Department shall require each person in charge of a laboratory providing diagnostic service in this State and any other health care provider licensed in this State that provides diagnostic service to report the results of all COVID-19 testing to the Department of Health and Human Services. The Department of Health and Human Services shall post both positive and negative COVID-19 test results on the Department's Internet Web site, as part of its COVID-19 North Carolina Dashboard.

"(2) The Department shall post on its Internet Web site information about any vendor contracted to perform COVID-19 testing, upon the execution of a contract with the vendor. This information posted shall include the cost per test.

"(3) The Department shall collect and report on its Internet Web site COVID-19 recovery rates, as defined by the Department.

"(4) The Department shall report COVID-19-related hospital discharges, along with underlying health conditions, if any, associated with each COVID-19 hospital discharge.

"(5) The Department shall provide comprehensive reporting on COVID-19 deaths, including the percentage of patients diagnosed with severe comorbidities prior to being diagnosed with COVID-19 and whether these deaths are solely classified as deaths due to COVID-19.

"(b) Within six months after receiving funds allocated under subdivision (35) of Section 3.3 of this act, the Department of Health and Human Services and any public or private entity that is the recipient of funds allocated under subdivision (35) of Section 3.3 of this act shall report on the use of these funds to the House Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Joint Legislative Oversight Committee on Health and Human Services."

Session Laws 2021-62, s. 3.5A(a)-(h), provides: "(a) When a county disengages from one area authority and realigns with another area authority under G.S. 122C-115, a portion of the risk reserve and other funds of the area authority from which the county is disengaging shall be transferred to the area authority with which the county is realigning. The amount of risk reserve and other funds to be transferred shall be determined by the Department of Health and Human Services (DHHS) in accordance with a formula or formulas developed in accordance with this section.

"(b) Any formula developed by DHHS under this section shall consider the stability of both the area authority from which the county is disengaging and the area authority with which the county is realigning. The formula shall support the ability for each area authority to carry out its responsibilities under State law and shall support the successful operation of BH IDD tailored plans under G.S. 108D-60. The formula shall assure that the area authority from which the county is disengaging retains sufficient funds to pay any outstanding liabilities to health care providers, staff-related expenses, and other liabilities.

"(c) Upon the Secretary's approval of a disengagement under G.S. 122C-115(a3), the area authority from which the county is disengaging and the area authority with which the county is realigning shall provide DHHS with all financial information requested by DHHS that is necessary to determine the amount of funds to be transferred using the formula or formulas developed under this section.

"(d) Prior to finalizing any formula developed under this section, DHHS shall post the proposed formula on its website and provide notice of the proposed formula to all area authorities, the Joint Legislative Oversight Committee on Health and Human Services, the Joint Legislative Oversight Committee on Medicaid and NC Health Choice, and the Fiscal Research Division. DHHS shall accept public comment on the proposed formula. DHHS shall post the final version of the formula on its website no later than August 1, 2021.

"(e) No later than October 15, 2021, DHHS shall report to the Joint Legislative Oversight Committee on Health and Human Services, the Joint Legislative Oversight Committee on Medicaid and NC Health Choice, and the Fiscal Research Division on any formulas developed under this section and any funds transferred during the previous quarter. Beginning January 15, 2022, and quarterly thereafter through April 15, 2026, DHHS shall report to the Joint Legislative Oversight Committee on Health and Human Services, the Joint Legislative Oversight Committee on Medicaid and NC Health Choice, and the Fiscal Research Division on any funds transferred as a result of disengagements during the previous quarter. A final quarterly report shall be due June 30, 2026, for the quarter ending on that date.

"(f) Notwithstanding any provision of law to the contrary, the development and application of the formula or formulas under this section shall be exempt from the rulemaking requirements under Article 2A of Chapter 150B of the General Statutes and the contested case provisions of Chapter 150B of the General Statutes.

"(g) This section is effective when it becomes law and applies to disengagements approved by DHHS with an effective date on or after September 1, 2021.

"(h) This section shall expire on June 30, 2026."

Session Laws 2021-132, s. 3(a), (b), provides: "(a) The Department of Health and Human Services shall develop an operational plan to create and implement a statewide child protective services (CPS) hotline. The Department shall establish a planning and evaluation team consisting of three child welfare staff representing at least three county departments of social services that will provide input on the plan. The plan shall include, at a minimum, all of the following:

"(1) A fiscal analysis on the creation and implementation of a statewide CPS hotline.

"(2) Quantify the total up‑front, one‑time costs to implement the statewide CPS hotline, including any State or county savings that would be incurred through the full implementation of and transition to a statewide CPS hotline. .

"(3) Recommendations on the operational needs for the statewide CPS hotline, including adequate staffing levels to ensure a responsive and timely system.

"(4) Evaluation of whether a county may opt out of the statewide CPS hotline.

"(5) Recommendations of defined measures, goals, and service level agreements to evaluate the performance of the hotline.

"(6) A time line for implementation of the statewide CPS hotline that is aligned and coordinated with the Department of Health and Human Services, Division of Social Services, and local county departments of social services, including the implementation of intake and assessment technology as a precondition to the operation of a statewide CPS hotline.

"(7) An assessment of the feasibility of an integrated statewide CPS hotline for both child protective services and adult protective services.

"(b) The Department shall submit the operational plan to the Joint Legislative Oversight Committee on Health and Human Services no later than September 1, 2022.”

§ 143B-138.1. Department of Health and Human Services - functions and organization.

1. All functions, powers, duties, and obligations previously vested in the following commissions, boards, councils, committees, or subunits of the Department of Human Resources are transferred to and vested in the Department of Health and Human Services by a Type I transfer, as defined in G.S. 143A-6:
   1. Division of Aging.
   2. Division of Services for the Blind.
   3. Division of Medical Assistance.
   4. Division of Mental Health, Developmental Disabilities, and Substance Abuse Services.
   5. Division of Social Services.
   6. Division of Health Service Regulation.
   7. Division of Vocational Rehabilitation.
   8. Repealed by Session Laws 1998-202, s. 4(v), effective January 1, 1999.
   9. Division of Services for the Deaf and the Blind.
   10. Repealed by Session Laws 2011-326, s. 19, effective June 27, 2011.
   11. Division of Child Development.
   12. Office of Rural Health.
2. All functions, powers, duties, and obligations previously vested in the following commissions, boards, councils, committees, or subunits of the Department of Human Resources are transferred to and vested in the Department of Health and Human Services by a Type II transfer, as defined in G.S. 143A-6:
   1. Respite Care Program.
   2. Governor's Advisory Council on Aging.
   3. Commission for the Blind.
   4. Professional Advisory Committee.
   5. Consumer and Advocacy Advisory Committee for the Blind.
   6. Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services.
   7. Social Services Commission.
   8. Child Day Care Commission.
   9. Medical Care Commission.
   10. Emergency Medical Services Advisory Council.
   11. , (12) Repealed by Session Laws 2013-247, s. 3, effective July 3, 2013.
3. The functions, powers, duties, and obligations previously vested in the following commissions, boards, councils, committees, or subunits of the Department of Environment, Health, and Natural Resources are transferred to and vested in the Department of Health and Human Services by a Type I transfer, as defined in G.S. 143A-6:
   1. Division of Dental Health.
   2. State Center for Health Statistics.
   3. Division of Epidemiology.
   4. Division of Health Promotion.
   5. Division of Maternal and Child Health.
   6. Office of Minority Health.
   7. Office of Public Health Nursing.
   8. Division of Laboratory Services.
   9. Office of Local Health Services.
   10. Division of Postmortem Medicolegal Examinations.
   11. Office of Women's Health.
4. All functions, powers, duties, and obligations previously vested in the following commissions, boards, councils, committees, or subunits of the Department of Environment, Health, and Natural Resources are transferred to and vested in the Department of Health and Human Services by a Type II transfer, as defined in G.S. 143A-6:
   1. Commission for Public Health.
   2. Council on Sickle Cell Syndrome.
   3. Repealed by Session Laws 2011-266, s. 1.30(b), effective July 1, 2011.
   4. Commission of Anatomy.
   5. Minority Health Advisory Council.
   6. Advisory Committee on Cancer Coordination and Control.
5. The Department of Health and Human Services is vested with all other functions, powers, duties, and obligations as are conferred by the Constitution and laws of this State.

(13) North Carolina Council for the Hearing Impaired.

(14) Repealed by Session Laws 2002, ch. 126, s. 10.10D(c), effective October 1, 2002.

(15) Council on Developmental Disabilities.

History

(1997-443, s. 11A.3; 1998-202, s. 4(v); 2002-126, s. 10.10D(c); 2007-182, ss. 1, 2; 2011-266, s. 1.30(b); 2011-326, s. 19; 2013-247, s. 3.)

Cross References. - For policy prohibiting tobacco use in community college buildings, grounds, and at community college-sponsored events, see G.S. 115D-20.1.

School-Based Child and Family Team Initiative. - Session Laws 2011-145, s. 10.15(a)-(f), provides: "(a) School-Based Child and Family Team Initiative Established.

"(1) Purpose and duties. - There is established the School-Based Child and Family Team Initiative. The purpose of the Initiative is to identify and coordinate appropriate community services and supports for children at risk of school failure or out-of-home placement in order to address the physical, social, legal, emotional, and developmental factors that affect academic performance. The Department of Health and Human Services, the Department of Public Instruction, the State Board of Education, the Department of Juvenile Justice and Delinquency Prevention [Division of Juvenile Justice of the Department of Public Safety], the Administrative Office of the Courts, and other State agencies that provide services for children shall share responsibility and accountability to improve outcomes for these children and their families. The Initiative shall be based on the following principles:

"a. The development of a strong infrastructure of interagency collaboration.

"b. One child, one team, one plan.

"c. Individualized, strengths-based care.

"d. Accountability.

"e. Cultural competence.

"f. Children at risk of school failure or out-of-home placement may enter the system through any participating agency.

"g. Services shall be specified, delivered, and monitored through a unified Child and Family Plan that is outcome-oriented and evaluation-based.

"h. Services shall be the most efficient in terms of cost and effectiveness and shall be delivered in the most natural settings possible.

"i. Out-of-home placements for children shall be a last resort and shall include concrete plans to bring the children back to a stable permanent home, their schools, and their community.

"j. Families and consumers shall be involved in decision making throughout service planning, delivery, and monitoring.

"(2) Program goals and services. - In order to ensure that children receiving services are appropriately served, the affected State and local agencies shall do the following:

"a. Increase capacity in the school setting to address the academic, health, mental health, social, and legal needs of children.

"b. Ensure that children receiving services are screened initially to identify needs and assessed periodically to determine progress and sustained improvement in educational, health, safety, behavioral, and social outcomes.

"c. Develop uniform screening mechanisms and a set of outcomes that are shared across affected agencies to measure children's progress in home, school, and community settings.

"d. Promote practices that are known to be effective based upon research or national best practice standards.

"e. Review services provided across affected State agencies to ensure that children's needs are met.

"f. Eliminate cost-shifting and facilitate cost-sharing among governmental agencies with respect to service development, service delivery, and monitoring for participating children and their families.

"g. Participate in a local memorandum of agreement signed annually by the participating superintendent of the local LEA, directors of the county departments of social services and health, director of the local management entity, the chief district court judge, and the chief district court counselor.

"(3) Local level responsibilities. - In coordination with the North Carolina Child and Family Leadership Council (Council), established in subsection (b) of this section, the local board of education shall establish the School-Based Child and Family Team Initiative at designated schools and shall appoint the Child and Family Team Leaders, who shall be a school nurse and a school social worker. Each local management entity that has any selected schools in its catchment area shall appoint a Care Coordinator, and any department of social services that has a selected school in its catchment area shall appoint a Child and Family Teams Facilitator. The Care Coordinators and Child and Family Team Facilitators shall have as their sole responsibility working with the selected schools in their catchment areas and shall provide training to school-based personnel, as required. The Child and Family Team Leaders shall identify and screen children who are potentially at risk of academic failure or out-of-home placement due to physical, social, legal, emotional, or developmental factors. Based on the screening results, responsibility for developing, convening, and implementing the Child and Family Team Initiative is as follows:

"a. School personnel shall take the lead role for those children and their families whose primary unmet needs are related to academic achievement.

"b. The local management entity shall take the lead role for those children and their families whose primary unmet needs are related to mental health, substance abuse, or developmental disabilities and who meet the criteria for the target population established by the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services.

"c. The local department of public health shall take the lead role for those children and their families whose primary unmet needs are health-related.

"d. Local departments of social services shall take the lead for those children and their families whose primary unmet needs are related to child welfare, abuse, or neglect.

"e. The chief district court counselor shall take the lead for those children and their families whose primary unmet needs are related to juvenile justice issues. A representative from each named or otherwise identified publicly supported children's agency shall participate as a member of the Team as needed. Team members shall coordinate, monitor, and assure the successful implementation of a unified Child and Family Plan.

"(4) Reporting requirements. - School-Based Child and Family Team Leaders shall provide data to the Council for inclusion in their report to the North Carolina General Assembly. The report shall include the following:

"a. The number of and other demographic information on children screened and assigned to a team and a description of the services needed by and provided to these children.

"b. The number of and information about children assigned to a team who are placed in programs or facilities outside the child's home or outside the child's county and the average length of stay in residential treatment.

"c. The amount and source of funds expended to implement the Initiative.

"d. Information on how families and consumers are involved in decision making throughout service planning, delivery, and monitoring.

"e. Other information as required by the Council to evaluate success in local programs and ensure appropriate outcomes.

"f. Recommendations on needed improvements.

"(5) Local advisory committee. - In each county with a participating school, the superintendent of the local LEA shall either identify an existing cross-agency collaborative or council or shall form a new group to serve as a local advisory committee to work with the Initiative. Newly formed committees shall be chaired by the superintendent and one other member of the committee to be elected by the committee. The local advisory committee shall include the directors of the county departments of social services and health; the directors of the local management entity; the chief district court judge; the chief district court counselor; the director of a school-based or school-linked health center, if a center is located within the catchment area of the School-Based Child and Family Team Initiative; and representatives of other agencies providing services to children, as designated by the Committee. The members of the Committee shall meet as needed to monitor and support the successful implementation of the School-Based Child and Family Team Initiative. The Local Child and Family Team Advisory Committee may designate existing cross-agency collaboratives or councils as working groups or to provide assistance in accomplishing established goals.

"(b) North Carolina Child and Family Leadership Council. -

"(1) Leadership Council established; location. - There is established the North Carolina Child and Family Leadership Council (Council). The Council shall be located within the Department of Administration for organizational and budgetary purposes.

"(2) Purpose. - The purpose of the Council is to review and advise the Governor in the development of the School-Based Child and Family Team Initiative and to ensure the active participation and collaboration in the Initiative by all State agencies and their local counterparts providing services to children in participating counties in order to increase the academic success of and reduce out-of-home and out-of-county placements of children at risk of academic failure.

"(3) Membership. - The Superintendent of Public Instruction and the Secretary of Health and Human Services shall serve as cochairs of the Council. Council membership shall include the Secretary of the Department of Juvenile Justice and Delinquency Prevention [Division of Juvenile Justice of the Department of Public Safety], the Chair of the State Board of Education, the Director of the Administrative Office of the Courts, and other members as appointed by the Governor.

"(4) The Council shall do the following:

"a. Sign an annual memorandum of agreement (MOA) among the named State agencies to define the purposes of the program and to ensure that program goals are accomplished.

"b. Resolve State policy issues, as identified at the local level, which interfere with effective implementation of the School-Based Child and Family Team Initiative.

"c. Direct the integration of resources, as needed, to meet goals and ensure that the Initiative promotes the most effective and efficient use of resources and eliminates duplication of effort.

"d. Establish criteria for defining success in local programs and ensure appropriate outcomes.

"e. Develop an evaluation process, based on expected outcomes, to ensure the goals and objectives of this Initiative are achieved.

"f. Review progress made on integrating policies and resources across State agencies, reaching expected outcomes, and accomplishing other goals.

"g. Report semiannually, on January 1 and July 1, on progress made and goals achieved to the Office of the Governor, the Joint Appropriations Committees and Subcommittees on Education, Justice and Public Safety, and Health and Human Services, and the Fiscal Research Division of the Legislative Services Office. The Council may designate existing cross-agency collaboratives or councils as working groups or to provide assistance in accomplishing established goals.

"(c) Department of Health and Human Services. - The Secretary of the Department of Health and Human Services shall ensure that all agencies within the Department collaborate in the development and implementation of the School-Based Child and Family Team Initiative and provide all required support to ensure that the Initiative is successful.

"(d) Department of Juvenile Justice and Delinquency Prevention [Division of Juvenile Justice of the Department of Public Safety]. - The Secretary of the Department of Juvenile Justice and Delinquency Prevention [Secretary of Public Safety] shall ensure that all agencies within the Department collaborate in the development and implementation of the School-Based Child and Family Team Initiative and provide all required support to ensure that the Initiative is successful.

"(e) Administrative Office of the Courts. - The Director of the Administrative Office of the Courts shall ensure that the Office collaborates in the development and implementation of the School-Based Child and Family Team Initiative and shall provide all required support to ensure that the Initiative is successful.

"(f) Department of Public Instruction. - The Superintendent of Public Instruction shall ensure that the Department collaborates in the development and implementation of the School-Based Child and Family Team Initiative and shall provide all required support to ensure that the Initiative is successful."

Transfer of Certain Sections from Division of Environmental Health in the Department of Environment and Natural Resources to the Division of Public Health in the Department of Health and Human Services. - Session Laws 2011-145, s. 13.3(d), provides: "The following sections of the Division of Environmental Health that support programs implemented through local health departments and programs primarily focused on food safety and other public health concerns are, subject to subsection (b) of this section, transferred from the Department of Environment and Natural Resources to the Division of Public Health of the Department of Health and Human Services with all the elements of a Type I transfer, as defined by G.S. 143A-6:

"(1) Environmental Health Services Section.

"(2) On-Site Water Protection Section.

"(3) Office of Education and Training."

Transfer of Radiation Protection Section. - Session Laws 2011-145, s. 13.3(e), as amended by Session Laws 2011-391, s. 27(a), provides: "All functions, powers, duties, and obligations previously vested in the Radiation Protection Section within the Division of Environmental Health of the Department of Environment and Natural Resources are transferred to and vested in the Division of Health Service Regulation of the Department of Health and Human Services by a Type I transfer, as defined in G.S. 143A-6."

Bingo Program Transferred to Department of Public Safety. - Session Laws 1999-237, s. 11.18, provides that the Bingo Program in the Department of Health and Human Services, Division of Facility Services, and all functions, powers, duties, and obligations vested in the Department of Health and Human Services for the Bingo Program, are transferred to and vested in the Department of Public Safety by a Type I transfer, as defined in G.S. 143A-6.

State Energy Efficiency Program. - Session Laws 2000-67, s. 14.18(a)-(e), renames the State Energy Conservation Plan as the State Energy Efficiency Program. Effective September 30, 2000, the statutory authority, powers, duties and functions, records, property, funds, etc., of the Residential Energy Conservation Assistance Program in the Energy Division of the Department of Commerce are transferred from the Department of Commerce to the Department of Health and Human Services. Similarly, effective September 30, 2000, the statutory authority, powers, duties and functions, records, property, funds, etc., of the Energy Policy Council and State Energy Efficiency Program in the Energy Division of the Department of Commerce are transferred from the Department of Commerce to the Department of Administration. Effective July 1, 2000, all vacant positions in the Energy Division of the Department of Commerce are abolished.

Intervention Services Unit. - Session Laws 2001-424, s. 21.18A, provides: "There is created in the Department of Health and Human Services the Intervention Services Unit in the Office of the Secretary. The Unit shall be responsible for planning, research, monitoring, and data analysis for the purpose of enhancing coordination among programs and activities related to intervention services. Services to be coordinated include mental health, developmental disabilities, and substance abuse services, social services, public health, preschool education services, and Smart Start services. The Unit shall work closely and collaboratively with the divisions through which such programs and activities operate."

Section of Financial Management and Support. - Session Laws 2001-424, ss. 21.91(a) to (c), provide: "(a) The Department of Health and Human Services shall reduce layers of management and streamline operations by creating a Section of Financial Management and Support. The Department shall consolidate all budgeting, purchasing, contract oversight, and computer networking personnel into this section. The Department shall transfer all positions, corresponding State appropriations, federal funds, and other related funds into this section. At no time shall the Department allow the Division of Public Health to maintain nonprogram positions within the other sections of the Division.

"(b) The Department shall establish a new permanent full-time position in the Division of Public Health for Local Health Services section chief. The Department shall not contract for this position.

"(c) Not later than December 1, 2001, the Department shall report to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division on the reorganization activities required under this section [s. 21.91 of Session Laws 2001-424]."

Pilot Program for Automatic External Defibrillators in Public Buildings. - Session Laws 2005-276, s. 10.57(a)-(c), provides: "The Department of Health and Human Services, Division of Public Health, shall develop a pilot program to place Automated External Defibrillators (AED) in public buildings, including public gymnasiums, that do not have an operational AED in place. In selecting pilot sites, the Department shall ensure geographic representation of the State.

"Of the funds appropriated in this act to the Department of Health and Human Services, the sum of seventeen thousand dollars ($17,000) for the 2005-2006 fiscal year, and the sum of six thousand dollars ($6,000) for the 2006-2007 fiscal year shall be used to purchase AED units, conduct on-site training at the pilot sites, and conduct ongoing education and awareness campaigns to the general public in the piloted sites. The Department shall ensure that training in the use of an AED shall be conducted in accordance with G.S. 90-21.15(b)(3). The Heart Disease and Stroke Prevention Branch of the Division of Public Health shall be responsible for the purchase of AEDs, the training of pilot program participants, and evaluation of the pilot program.

"The Department of Health and Human Services shall report on the location, establishment, and implementation of the pilot sites to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division on or before March 1, 2006."

Study on Availability and Delivery of Respite Care. - Session Laws 2007-39, s. 1.(a) and (b), provides: "(a) The Department of Health and Human Services, Division of Facility Services, Division of Medical Assistance, and the Division of Aging and Adult Services, shall study the availability and delivery of respite care which provides temporary relief for family members and others who care for individuals with disabilities, chronic or terminal illnesses, dementia, or the elderly. The study shall examine the following:

"(1) The need and availability of respite care in North Carolina.

"(2) The delivery and licensing of respite care in other states and possible models for North Carolina.

"(3) The application process for a grant under the Lifespan Respite Care Act of 2006, 42 U.S.C.

"(4) The need for separate statutory language pertaining to respite care.

"(5) The need, proposed structure, and development timeline for a separate licensure category for respite care.

"(6) The development of a Medicaid waiver covering a proposed new licensure category for respite care.

"(b) In response to the study authorized in this section, the Department of Health and Human Services shall present findings and recommendations, including any proposed statutory changes and new licensure categories, to the Study Commission on Aging on or before March 1, 2008."

Consolidation of Early Childhood Education and Care. - Session Laws 2009-451, s. 10.7A(a)-(k), provides: "(a) Intent. - It is the intent of the General Assembly that not later than July 1, 2010, certain agencies and programs relating to early childhood education and care shall be consolidated.

"(b) Task Force Established. - There is established the Joint Legislative Task Force on the Consolidation of Early Childhood Education and Care (Task Force). The Department of Health and Human Services and the Department of Public Instruction shall work with the Task Force to develop a Consolidation Plan (Plan) to implement the Plan as approved by the 2010 Regular Session of the 2009 General Assembly.

"(c) Task Force Membership. - Appointments to the Task Force shall be as follows:

"a. Three members of the House of Representatives appointed by the Speaker of the House of Representatives.

"b. Three members of the Senate appointed by the President Pro Tempore of the Senate.

"c. Three members appointed by the Governor.

"d. Any additional ad hoc members the Governor deems beneficial to achieve the goals of the Task Force.

"Appointments to the Task Force shall be made no later than September 1, 2009.

"Vacancies in the Task Force or a vacancy as chair of the Task Force resulting from the resignation of a member or otherwise shall be filled in the same manner in which the original appointment was made.

"(d) Duties of the Task Force. -

"(1) In consultation with the Department of Health and Human Services and the Department of Public Instruction, develop a Plan for a highly coordinated and efficient system of early childhood education and care.

"(2) Not later than January 15, 2010, establish and appoint a transition team to implement the Plan approved by the General Assembly. The transition team shall be responsible for guiding the transition from the multiagency/multiprogram system now in place to a consolidated system and to ensure continuity and quality of existing services to young children, families, and early childhood programs and personnel.

"(3) Adhere to the following principles in the development and implementation of the Plan approved by the General Assembly:

"a. Ensuring high quality programs.

"b. Ensuring core functions remain intact.

"c. Maintaining the strengths and effectiveness of each program.

"d. Identifying and proposing efficiencies.

"e. Identifying needed improvements.

"f. Streamlining administrative savings.

"g. Promoting a seamless delivery of services from birth through kindergarten.

"h. Any other principles the Task Force deems relevant.

"(4) Consider the following agencies and functions for consolidation:

"a. The North Carolina Partnership for Children, Inc.

"b. The More at Four program.

"c. Title I Prekindergarten programs.

"d. Preschool Exceptional Children.

"e. Early Intervention programs.

"f. Head Start Collaboration.

"g. Child Care Regulatory and Subsidy.

"h. Licensing and Regulatory Functions.

"i. Workforce Professional Development and Recognition.

"j. Quality Initiatives.

"(5) Consult with appropriate State departments, agencies, and board representatives on issues related to early childhood education and care.

"(6) In developing the Plan, review and consider the proposal included in Ensuring School Readiness for North Carolina's Children: Bringing the Parts Together to Create an Integrated Early Care and Education System , November 2004.

"(e) Chair; Meetings. - The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall each designate one member to serve as cochair of the Task Force.

"The cochairs shall call the initial meeting of the Task Force on or before October 1, 2009. The Task Force shall subsequently meet upon such notice and in such manner as its members determine. A majority of the members of the Task Force shall constitute a quorum.

"(f) Expenses of Members. - Members of the Task Force shall receive per diem, subsistence, and travel allowances in accordance with G.S. 120-3.1, 138-5, or 138-6, as appropriate.

"(g) Cooperation by Government Agencies. - The Task Force may call upon any department, agency, institution, or officer of the State or any political subdivision thereof for facilities, data, or other assistance.

"(h) Report. - The Task Force shall report its findings and recommendations by March 15, 2010, to the Joint Legislative Commission on Governmental Operations, the House of Representatives Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, the House of Representatives Subcommittee on Education, the Senate Appropriations Committee on Education, and the Fiscal Research Division. The Task Force shall terminate upon filing its final report.

"(i) Proposal. - After reviewing the report submitted by the Task Force, the House of Representatives Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Education, and the Senate Appropriations Committee on Education shall develop language and a budget proposal by May 30, 2010, to present to the 2010 Regular Session of the 2009 General Assembly to implement the consolidation of early childhood education and care programs, which consolidation shall become effective July 1, 2010.

"(j) Funding. - The Legislative Services Officer shall allocate funds to carry out the duties of the Task Force.

"(k) Effective Date. - This section becomes effective July 1, 2009. Effective July 1, 2010, the Consolidation, as contained in the Plan approved by the 2010 Regular Session of the 2009 General Assembly, shall be implemented."

Session Laws 2010-152, ss. 27.1 through 27.3, provide: "SECTION 27.1. Committee Established. - There is created the Joint Legislative Study Committee on the Consolidation of Early Childhood Education and Care. The Committee shall consist of 18 members to be appointed as follows:

"(1) Five members of the House of Representatives appointed by the Speaker of the House of Representatives.

"(2) Five members of the Senate appointed by the President Pro Tempore of the Senate.

"(3) Seven ex-officio nonvoting members as follows:

"a. The Secretary of the Department of Health and Human Services.

"b. The Chairman of the State Board of Education.

"c. The President of the North Carolina Partnership for Children, Inc.

"d. The Executive Director of the Office of Early Learning at the Department of Public Instruction.

"e. The Director of the Head Start State Collaboration Office at the Office of Early Learning at the Department of Public Instruction.

"f. The President of the Child Care Services Association.

"g. The Executive Director of the North Carolina Licensed Child Care Association.

"(4) A developmental pediatrician appointed by the Governor as a nonvoting member.

"The Speaker of the House of Representatives shall designate one Representative as cochair, and the President Pro Tempore of the Senate shall designate one Senator as cochair. Vacancies on the Committee shall be filled by the same appointing authority making the initial appointment.

"The Committee, while in the discharge of its official duties, may exercise all powers provided for under G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4. The Committee may meet at any time upon the joint call of the cochairs. The Committee may meet in the Legislative Building or the Legislative Office Building. The Committee may contract for professional, clerical, or consultant services as provided by G.S. 120-32.02.

"The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Committee in its work. The House of Representatives and the Senate's Directors of Legislative Assistants shall assign clerical staff to the Committee, and the expenses relating to the clerical employees shall be borne by the Committee. Members of the Committee shall receive subsistence and travel expenses at the rates set forth in G.S. 120-3.1, 138-5, or 138-6, as appropriate.

"SECTION 27.2. Duties. - The Committee shall continue the work of the Task Force on the Consolidation of Early Childhood Education and Care created under S.L. 2009-451 by continuing to work toward the development of an integrated system of early childhood education and care. To that end, the Committee may consult with and receive reports from the appropriate State departments, agencies, and board representatives on issues related to early childhood education and care and consider any other issues the Committee deems relevant.

"SECTION 27.3. Report. - The Commission may make a final report, including any proposed legislation, to the 2011 General Assembly upon its convening. The Commission shall terminate upon filing its final report or upon the convening of the 2011 General Assembly, whichever is earlier."

Transitions to Community Living Initiative. - Session Laws 2012-142, s. 10.23A(a)-(j), as amended by Session Laws 2012-145, s. 3.6, provides: "(a) The General Assembly finds that the State's long-term care industry plays a vital role in ensuring that citizens are afforded opportunities for safe housing and adequate client-centered supports in order to live as independently as possible in their homes and communities across the State. This role is consistent with citizens of the State having the opportunity to live in the most appropriate, integrated settings of their choice. The General Assembly also is committed to the development of a plan that continues to advance the State's current system into a statewide system of person-centered, affordable services and supports that emphasize an individual's dignity, choice, and independence and provides new opportunities and increased capacity for community housing and community supports.

"(b) Blue Ribbon Commission on Transitions to Community Living. - There is established the Blue Ribbon Commission on Transitions to Community Living (Commission). The Commission shall (i) examine the State's system of community housing and community supports for people with severe mental illness, severe and persistent mental illness, and intellectual and developmental disabilities and (ii) develop a plan that continues to advance the State's current system into a statewide system of person-centered, affordable services and supports that emphasize an individual's dignity, choice, and independence. In the execution of its duties, the Commission shall consider the following:

"(1) Policies that alter the State's current practices with respect to institutionally based services to community-based services delivered as close to an individual's home and family as possible.

"(2) Best practices in both the public and private sectors in managing and administering long-term care to individuals with disabilities.

"(3) An array of services and supports for people with severe mental illness and severe and persistent mental illness, such as respite, community-based supported housing and community-based mental health services, to include evidence-based, person-centered recovery supports and crisis services and supported employment.

"(4) For adults with intellectual and other developmental disabilities, expansion of community-based services and supports, housing options, and supported work. Maximize the use of habilitation services that may be available via the Medicaid 'I' option for individuals who do not meet the ICF-MR level of need.

"(5) Methods to responsibly manage the growth in long-term care spending, including use of Medicaid waivers.

"(6) Options for repurposing existing resources while considering the diverse economic challenges in communities across the State.

"(7) Opportunities for systemic change and maximization of housing, and service and supports funding streams, including State-County Special Assistance and the State's Medicaid program.

"(8) The appropriate role of adult care homes and other residential settings in the State.

"(9) Other resources that might be leveraged to enhance reform efforts.

"(c) The Commission shall be composed of 32 members as follows:

"(1) Six members of the House of Representatives appointed by the Speaker of the House of Representatives.

"(2) Six members of the Senate appointed by the President Pro Tempore of the Senate.

"(3) Secretary of the Department of Health and Human Services (DHHS) or the Secretary's designee.

"(4) Director of the Housing Finance Agency or the Director's designee.

"(5) Director of the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services of DHHS or the Director's designee.

"(6) Director of the Division of Medical Assistance of DHHS or the Director's designee.

"(7) Two mental health consumers or their family representatives.

"(8) Two developmental disabilities consumers or their family representatives.

"(9) Two persons in the field of banking or representing a financial institution with housing finance expertise.

"(10) Two representatives of local management entities anaged care organizations.

"(11) A county government representative.

"(12) A North Carolina Association, Long Term Care Facilities representative.

"(13) A North Carolina Assisted Living Association representative.

"(14) A family care home representative.

"(15) A representative of group homes for adults with developmental disabilities.

"(16) A representative of group homes for individuals with mental illness.

"(17) Two representatives of service providers with proven experience in innovated housing and support services in the State.

"The Secretary of the Department of Health and Human Services shall ensure adequate staff representation and support from the following: Division of Mental Health, Developmental Disabilities and Substance Abuse Services, Division of Aging and Adult Services, Division of Health Services Regulations, Division of Social Services, and other areas as needed.

"The Commission shall appoint a Subcommittee on Housing composed of 15 members and a Subcommittee on Adult Care Homes.

"The chairs shall jointly appoint members described in subdivisions (7) through (17) of this subsection and shall fill vacancies in those positions. The Commission shall meet at the call of the chairs. Members of the Commission shall receive per diem, subsistence, and travel expenses as provided in G.S. 120-3.1, 138-5, or 138-6, as appropriate. The Commission may contract for consultant services as provided in G.S. 120-32.02. Upon approval of the Legislative Services Commission, the Legislative Services Officer shall assign professional staff to assist the Commission in its work. Clerical staff shall be furnished to the Commission through the offices of the House of Representatives and Senate Directors of Legislative Assistants. The Commission may meet in the Legislative Building or the Legislative Office Building. The Commission may exercise all of the powers provided under G.S. 120-19 through G.S. 120-19.4 while in the discharge of its official duties. The funds needed to support the cost of the Commission's work shall be transferred from the Department of Health and Human Services upon request of the Legislative Services Director.

"(d) Transitions to Community Living Fund. - There is established the Transitions to Community Living Fund (Fund) to facilitate implementation of the plans required in subsections (e) and (f) of this section.

"(e) Of the amount appropriated to the Fund established in subsection (d) of this section, the sum of ten million three hundred thousand dollars ($10,300,000) is appropriated to support the Department of Health and Human Services in its plan for transitioning individuals with severe mental illness and severe and persistent mental illness into community living arrangements, including establishing a rental assistance program. If the State executes an agreement with the U.S. Department of Justice (USDOJ) in response to the USDOJ findings dated July 28, 2011, or implements a plan in response to the USDOJ findings, these funds shall be used to implement the requirements of the first year of the agreement or the plan. In the event such an agreement is reached, a recurring appropriation will be necessary to fully implement it. The Department may issue temporary rules to implement this subsection.

"(f) Of the amount appropriated to the Fund established in subsection (d) of this section, the sum of thirty-nine million seven hundred thousand dollars ($39,700,000) is designated for implementation of the State's plan to provide temporary, short-term assistance only to adult care homes as they transition into the State's Transitions to Community Living Initiative. These funds shall be used only for this purpose. The General Assembly recognizes that while transformation of the system is being undertaken, adult care homes provide stable and safe housing and care to many of North Carolina's frail and elderly population, and it is necessary during this time of transition and transformation of the statewide system that the industry remain able to provide such care.

"Following completion of an independent assessment process, as outlined in Section 10.9F(d) of this act, by December 31, 2012, and upon certification by the Department of Health and Human Services, in consultation with a local adult care home resident discharge team, as defined in G.S. 131D-2.1(3a), that a resident (i) who is no longer eligible to receive Medicaid reimbursable assistance, (ii) for whom a community placement has not yet been arranged, and (iii) who cannot be safely and timely discharged into the community, the Department may make a monthly payment to the adult care home to support the facility's continuing provision of services to the resident. The Department may make the monthly payment from the thirty-nine million seven hundred thousand dollars ($39,700,000) designated for implementation of the State's plan under this subsection. The monthly payment provided by the Department to an adult care home pursuant to this subsection shall not exceed six hundred ninety-four dollars ($694) per month per resident for a period not to exceed three months for each resident. At the expiration of this three-month period, the monthly payment shall be reduced by twenty-five percent (25%) and shall not exceed five hundred twenty dollars and fifty cents ($520.50) per month per resident. Upon implementation of the home-and community-based services program for individuals typically served in special care or memory care units, to be developed by the Department under Medicaid State Plan 1915(i) authority pursuant to Section 10.9E of this act, the Department shall terminate all monthly payments pursuant to this subsection for continuing services provided to residents of special care or memory care units. The Department shall terminate all monthly payments pursuant to this subsection on June 30, 2013. Notwithstanding any other provision of this subsection, the Department is prohibited from making any monthly payments under this subsection to an adult care home for services provided to any resident during the pendency of an appeal by or on behalf of the resident under G.S. 108A-70.9A.

"The Department of Health and Human Services shall administer these funds but may, as needed, contract with a vendor for administration.

"(g) The Department shall report its progress in complying with subsection (e) of this section to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division no later than January 2, 2013, and submit a final report no later than April 1, 2013.

"(h) The Commission shall issue an interim report by October 1, 2012, and a final plan to the 2013 General Assembly no later than February 1, 2013, at which time the Commission shall expire.

"(i) Subsection (f) of this section expires on June 30, 2013, and any unobligated funds designated for the purposes of that subsection shall revert to the Transitions to Community Living Fund established in subsection (d) of this section.

"(j) Nothing in subsection (d), (e), or (f) of this section is intended to create or shall be construed to create a right or entitlement for any individual, facility, or provider of services."

Session Laws 2013-397, s. 9, provides: "The Transitions to Community Living Fund established pursuant to Section 10.23A(d) of S.L. 2012-142 terminates on June 30, 2020, and any balance remaining on that date shall revert to the General Fund."

Placement of Automatic External Defibrillators (AEDS) In All State Buildings, Facilities, and Institutions. - Session Laws 2012-198, s. 1, provides: "The General Assembly finds the following:

"(1) According to the American Heart Association, an individual goes into cardiac arrest in the United States every two minutes. In North Carolina, twenty-three percent (23%) of all deaths are attributed to heart disease, 11,765 of which are as a result of cardiac arrest. Ventricular Fibrillation (VF) is a common rhythm for which cardiopulmonary resuscitation (CPR) and defibrillation are the only effective treatments. For victims with VF, survival rates are highest when immediate bystander CPR is provided and defibrillation occurs within three to five minutes of collapse. With every minute that passes, a victim's survival rate is reduced by seven percent (7%) to ten percent (10%) if no intervention measures are taken. An estimated ninety-five percent (95%) of cardiac arrest victims die before reaching the hospital. If intervention measures are taken, survival rates are much higher; when CPR and defibrillation are immediately performed, survival rates can double.

"(2) Eighty percent (80%) of all cardiac arrests occur in private or residential settings, and almost sixty percent (60%) are witnessed. Communities that have established and implemented public access defibrillation programs have achieved average survival rates for out-of-hospital cardiac arrest as high as forty-one percent (41%) to seventy-four percent (74%).

"(3) Wider use of defibrillators could save as many as 40,000 lives nationally each year. Successful public access defibrillation programs ensure that cardiac arrest victims will have an immediate recognition of cardiac arrest and activation of 911 followed by early CPR with an emphasis on compressions, rapid Automatic External Defibrillator (AED) use, effective advanced care, and coordinated care afterward."

Session Laws 2012-198, s. 2, provides: "(a) There is created a Chain of Survival Public-Private Task Force (Task Force) with members appointed as follows:

"(1) Two Senators appointed by the President Pro Tempore of the Senate.

"(2) Two members of the House of Representatives appointed by the Speaker of the House of Representatives.

"(3) One representative of the Office of Emergency Medical Services designated by the Secretary of Health and Human Services.

"(4) One representative of a local Emergency Medical Service designated by the Secretary of Health and Human Services.

"(5) One representative of the Heart Disease and Stroke Prevention Branch designated by the Secretary of Health and Human Services.

"(6) The Secretary of Administration or the Secretary's designee, ex officio.

"(7) A representative of the American Heart Association.

"(8) A representative of the American Red Cross.

"(9) A representative of the North Carolina Hospital Association.

"(10) A representative of the American College of Cardiology.

"(11) A representative of the College of Emergency Physicians.

"(12) A cardiac arrest survivor designated by the Secretary of Health and Human Services.

"(b) The Task Force shall identify, pursue, and achieve funding for the placement of AEDs and training of State employees to recognize and initiate life-saving actions to those experiencing an acute event (sudden cardiac arrest, heart attack, and stroke) in buildings and facilities that house State agencies, services, and institutions.

"(c) Members of the Task Force serve at the pleasure of the appointing authority. This section expires June 30, 2014."

Plan for Relocating All DHHS Offices to One Location. - Session Laws 2015-241, s. 31.10, provides: "(a) The Department of Health and Human Services, in consultation with the Department of Administration, shall develop a plan for relocating the administrative personnel and resources of the Department of Health and Human Services that are located on the Dorothea Dix campus and on other property leased or owned by the State in the Greater Triangle area (consisting of Durham, Orange, Johnston, and Wake Counties) to one site available to the State. The plan shall not provide for the relocation of personnel and resources whose primary responsibilities include the provision of services directly to the public in the Greater Triangle area. The Department shall report the plan to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division by the earlier of October 1, 2016, or six months prior to the date on which the Department is required to move some or all of its personnel and resources from the Dorothea Dix campus under the terms of an agreement between the State and the City of Raleigh. The plan required by this section shall include at least all of the following information:

"(1) The location to which the personnel and resources of the Department of Health and Human Services will be relocated.

"(2) The square footage needed in order to accommodate the relocation.

"(3) A statement of anticipated costs or benefits associated with the relocation.

"(4) A schedule for implementation of the relocation plan.

"(5) Identification of any potential obstacles to the relocation plan.

"(6) Options for financing the relocation plan developed in conjunction with the State Treasurer and the State Controller.

"(b) Notwithstanding any other provision of law, neither the Department of Health and Human Services nor the Department of Administration shall enter into any lease or other agreement to move the personnel or resources of the Department of Health and Human Services that currently reside on the Dorothea Dix campus or on other property leased or owned by the State in the Greater Triangle area to another site until specifically authorized to do so by the General Assembly."

Health Information Technology. - Session Laws 2015-241, s. 12A.4(a)-(c), provides: "(a) The Department of Health and Human Services (Department), in cooperation with the State Chief Information Officer (State CIO), shall coordinate health information technology (HIT) policies and programs within the State of North Carolina. The goal of the DHHS CIO in coordinating State HIT policy and programs shall be to avoid duplication of efforts and to ensure that each State agency, public entity, and private entity that undertakes health information technology activities does so within the area of its greatest expertise and technical capability and in a manner that supports coordinated State and national goals, which shall include at least all of the following:

"(1) Ensuring that patient health information is secure and protected, in accordance with applicable law.

"(2) Improving health care quality, reducing medical errors, reducing health disparities, and advancing the delivery of patient-centered medical care.

"(3) Providing appropriate information to guide medical decisions at the time and place of care.

"(4) Ensuring meaningful public input into HIT infrastructure development.

"(5) Improving the coordination of information among hospitals, laboratories, physicians' offices, and other entities through an effective infrastructure for the secure and authorized exchange of health care information.

"(6) Improving public health services and facilitating early identification and rapid response to public health threats and emergencies, including bioterrorist events and infectious disease outbreaks.

"(7) Facilitating health and clinical research.

"(8) Promoting early detection, prevention, and management of chronic diseases.

"(b) The Department, in cooperation with the Department of Information Technology created by this act, shall establish and direct an HIT management structure that is efficient and transparent and that is compatible with the Office of the National Health Coordinator for Information Technology (National Coordinator) governance mechanism. The HIT management structure shall be responsible for all of the following:

"(1) Developing a State plan for implementing and ensuring compliance with national HIT standards and for the most efficient, effective, and widespread adoption of HIT.

"(2) Ensuring that (i) specific populations are effectively integrated into the State plan, including aging populations, populations requiring mental health services, and populations utilizing the public health system, and (ii) unserved and underserved populations receive priority consideration for HIT support.

"(3) Identifying all HIT stakeholders and soliciting feedback and participation from each stakeholder in the development of the State plan.

"(4) Ensuring that existing HIT capabilities are considered and incorporated into the State plan.

"(5) Identifying and eliminating conflicting HIT efforts where necessary.

"(6) Identifying available resources for the implementation, operation, and maintenance of health information technology, including identifying resources and available opportunities for North Carolina institutions of higher education.

"(7) Ensuring that potential State plan participants are aware of HIT policies and programs and the opportunity for improved health information technology.

"(8) Monitoring HIT efforts and initiatives in other states and replicating successful efforts and initiatives in North Carolina.

"(9) Monitoring the development of the National Coordinator's strategic plan and ensuring that all stakeholders are aware of and in compliance with its requirements.

"(10) Monitoring the progress and recommendations of the HIT Policy and Standards Committee and ensuring that all stakeholders remain informed of the Committee's recommendations.

"(11) Monitoring all studies and reports provided to the United States Congress and reporting to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on the impact of report recommendations on State efforts to implement coordinated HIT.

"(c) By no later than January 15, 2016, the Department shall provide a written report on the status of HIT efforts to the Joint Legislative Oversight Committee on Health and Human Services, the Joint Legislative Oversight Committee on Information Technology, and the Fiscal Research Division. The report shall be comprehensive and shall include all of the following:

"(1) Current status of federal HIT initiatives.

"(2) Current status of State HIT efforts and initiatives among both public and private entities.

"(3) Other State information technology initiatives with potential applicability to State HIT efforts.

"(4) Efforts to ensure coordination and avoid duplication of HIT efforts within the State.

"(5) A breakdown of current public and private funding sources and dollar amounts for State HIT initiatives.

"(6) Efforts by the DHHS CIO to coordinate HIT initiatives within the State and any obstacles or impediments to coordination.

"(7) HIT research efforts being conducted within the State and sources of funding for research efforts.

"(8) Opportunities for stakeholders to participate in HIT funding and other efforts and initiatives during the next quarter.

"(9) Issues associated with the implementation of HIT in North Carolina and recommended solutions to these issues."

Competitive Grants/Nonprofit Organizations. - Session Laws 2017-57, s. 11A.14(b)-(d), provides: "(b) The Department shall continue administering a competitive grants process for nonprofit funding. The Department shall administer a plan that, at a minimum, includes each of the following:

"(1) A request for application (RFA) process to allow nonprofits to apply for and receive State funds on a competitive basis. The Department shall require nonprofits to include in the application a plan to evaluate the effectiveness, including measurable impact or outcomes, of the activities, services, and programs for which the funds are being requested.

"(2) A requirement that nonprofits match a minimum of fifteen percent (15%) of the total amount of the grant award.

"(3) A requirement that the Secretary prioritize grant awards to those nonprofits that are able to leverage non-State funds in addition to the grant award.

"(4) A process that awards grants to nonprofits that have the capacity to provide services on a statewide basis and that support any of the following State health and wellness initiatives:

"a. A program targeting advocacy, support, education, or residential services for persons diagnosed with autism.

"b. A system of residential supports for those afflicted with substance abuse addiction.

"c. A program of advocacy and supports for individuals with intellectual and developmental disabilities or severe and persistent mental illness, substance abusers, or the elderly.

"d. Supports and services to children and adults with developmental disabilities or mental health diagnoses.

"e. A food distribution system for needy individuals.

"f. The provision and coordination of services for the homeless.

"g. The provision of services for individuals aging out of foster care.

"h. Programs promoting wellness, physical activity, and health education programming for North Carolinians.

"i. The provision of services and screening for blindness.

"j. A provision for the delivery of after-school services for apprenticeships or mentoring at-risk youth.

"k. The provision of direct services for amyotrophic lateral sclerosis (ALS) and those diagnosed with the disease.

" l . A comprehensive smoking prevention and cessation program that screens and treats tobacco use in pregnant women and postpartum mothers.

"m. A program providing short-term or long-term residential substance abuse services. For purposes of this sub-subdivision, 'long-term' means a minimum of 12 months.

"n. A program that provides year-round sports training and athletic competition for children and adults with disabilities.

"It is the intent of the General Assembly that annually the Secretary evaluate and prioritize the categories of health and wellness initiatives described under this subdivision to determine the best use of these funds in making grant awards, exclusive of direct allocations made by the General Assembly.

"(5) A process that ensures that funds received by the Department to implement the plan supplement and do not supplant existing funds for health and wellness programs and initiatives.

"(6) A process that allows grants to be awarded to nonprofits for up to two years.

"(7) A requirement that initial disbursement of the grants be awarded no later than 30 days after certification of the State budget for the respective fiscal year.

"(c) No later than July 1 of each year, as applicable, the Secretary shall announce the recipients of the competitive grant awards and allocate funds to the grant recipients for the respective grant period pursuant to the amounts designated under subsection (a) of this section. After awards have been granted, by September 1 of each year, the Secretary shall submit a report to the Joint Legislative Oversight Committee on Health and Human Services on the grant awards that includes at least all of the following:

"(1) The identity and a brief description of each grantee and each program or initiative offered by the grantee.

"(2) The amount of funding awarded to each grantee.

"(3) The number of persons served by each grantee, broken down by program or initiative.

"(d) No later than December 1 of each fiscal year, each nonprofit organization receiving funding pursuant to this section in the respective fiscal year shall submit to the Division of Central Management and Support a written report of all activities funded by State appropriations. The report shall include the following information about the fiscal year preceding the year in which the report is due:

"a. The entity's mission, purpose, and governance structure.

"b. A description of the types of programs, services, and activities funded by State appropriations.

"c. Statistical and demographical information on the number of persons served by these programs, services, and activities, including the counties in which services are provided.

"d. Outcome measures that demonstrate the impact and effectiveness of the programs, services, and activities.

"e. A detailed program budget and list of expenditures, including all positions funded, matching expenditures, and funding sources."

For prior similar provisions, see Session Laws 2015-241, s. 12A.8(b)-(d), as amended by Session Laws 2016-94, s. 12A.5, and as amended by Session Laws 2016-123, s. 5.9.

Funds for Community Paramedicine Pilot Program. - Session Laws 2015-241, s. 12A.12, as amended by Session Laws 2016-94, s. 12A.3, provides: "(a) Of the funds appropriated in this act to the Department of Health and Human Services, Division of Central Management and Support, for the 2015-2016 fiscal year, the sum of three hundred fifty thousand dollars ($350,000) shall be used to implement a community paramedicine pilot program. The pilot program shall focus on expanding the role of paramedics to allow for community-based initiatives that result in providing care that avoids nonemergency use of emergency rooms and 911 services and avoids unnecessary admissions into health care facilities.

"(b) The North Carolina Office of Emergency Medical Services (NCOEMS) shall set the education standards and other requirements necessary to qualify as a community paramedic eligible to participate in the pilot program established in subsection (a) of this section. The Department shall consult with the NCOEMS to define the objectives, set standards, and establish the required outcomes for the pilot program.

"(c) The Department of Health and Human Services shall establish up to three program sites to implement the community paramedicine pilot program, one of which shall be New Hanover Regional Emergency Medical Services. For the 2015-2016 fiscal year, the New Hanover Regional Emergency Medical Services program site shall be awarded up to two hundred ten thousand dollars ($210,000), and each of the remaining program sites may be awarded up to seventy thousand dollars ($70,000). In selecting the remaining program sites, the Department may give preference to counties that currently have an established community paramedic program.

"(d) The Department of Health and Human Services shall submit a report to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Committee on Health and Human Services, and the Fiscal Research Division by June 1, 2016, on the progress of the pilot program and shall include an evaluation plan based on the U.S. Department of Health and Human Services, Health Resources and Services Administration Office of Rural Health Policy's Community Paramedicine Evaluation Tool published in March 2012.

"(e) The Department of Health and Human Services shall submit a final report to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division by March 1, 2017. At a minimum, the final report shall include all of the following:

"(1) An updated version of the evaluation plan required by subsection (d) of this section.

"(2) An estimate of the cost to expand the program incrementally and statewide.

"(3) An estimate of any potential savings of State funds associated with expansion of the program.

"(4) If expansion of the program is recommended, a time line for expanding the program."

Session Laws 2015-241, s. 12F.8(b)-(d), provides: "(b) The Department shall develop an evaluation plan for the community paramedic mobile crisis management pilot program based on the U.S. Department of Health and Human Services, Health Resources and Services Administration Office of Rural Health Policy's, Community Paramedicine Evaluation Tool, published in March 2012.

"(c) The Department shall submit a report to the Senate Appropriations Committee on Health and Human Services, House Appropriations, Health and Human Services, and the Fiscal Research Division by June 1, 2016, on the progress of the project and the Department's evaluation plan.

"(d) The Department of Health and Human Services shall submit a final report to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division by November 1, 2016. At a minimum, the final report shall include the following:

"(1) An updated version of the evaluation plan required by subsection (b) of this section.

"(2) An estimate of the cost to expand the program incrementally.

"(3) An estimate of any potential savings of State funds associated with expansion of the program.

"(4) If expansion of the program is recommended, a time line for expanding the program."

Session Laws 2017-57, s. 11G.1(a)-(c), provides: "(a) Of the funds appropriated in this act to the Department of Health and Human Services, Division of Health Service Regulation, the sum of three hundred fifty thousand dollars ($350,000) in nonrecurring funds for the 2017-2018 fiscal year and the sum of three hundred fifty thousand dollars ($350,000) in nonrecurring funds for the 2018-2019 fiscal year shall be used to continue the community paramedicine pilot program authorized in Section 12A.12 of S.L. 2015-241, as amended by Section 12A.3 of S.L. 2016-94, as follows:

"(1) The sum of two hundred ten thousand dollars ($210,000) in nonrecurring funds for each year of the fiscal biennium shall be allocated to the New Hanover Regional Emergency Medical Services site.

"(2) The sum of seventy thousand dollars ($70,000) in nonrecurring funds for each year of the fiscal biennium shall be allocated to the McDowell County Emergency Medical Services site.

"(3) The sum of seventy thousand dollars ($70,000) in nonrecurring funds for each year of the fiscal biennium shall be allocated to the Wake County Emergency Medical Services site.

"The focus of this community paramedicine pilot program shall continue to be expansion of the role of paramedics to allow for community-based initiatives that result in providing care that avoids nonemergency use of emergency rooms and 911 services and avoidance of unnecessary admissions into health care facilities.

"(b) The participation requirements, objectives, standards, and required outcomes for the pilot program shall remain the same as established pursuant to Section 12A.12 of S.L. 2015-241, as amended by Section 12A.3 of S.L. 2016-94.

"(c) By November 1, 2019, the Department of Health and Human Services shall submit an updated report on the community paramedicine pilot program to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division. At a minimum, the updated report shall include all of the following:

"(1) Any updated version of the evaluation plan required by subsection (d) of Section 12A.12 of S.L. 2015-241.

"(2) An estimate of the cost to expand the program incrementally and statewide.

"(3) An estimate of any potential savings of State funds associated with expansion of the program.

"(4) If expansion of the program is recommended, a time line for expanding the program."

Health Analytics Program. - Session Laws 2015-241, s. 12A.17, as amended by Session Laws 2016-94, s. 12A.7, provides: "(a) Of the funds appropriated in this act to the Department of Health and Human Services, Division of Central Management and Support, the sum of seven hundred fifty thousand dollars ($750,000) in nonrecurring funds for the 2015-2016 fiscal year; the sum of two hundred fifty thousand dollars ($250,000) in recurring funds for each year of the 2015-2017 fiscal biennium; and the sum of one million two hundred fifty thousand dollars ($1,250,000) in nonrecurring funds for the 2016-2017 fiscal year shall be used for the phased development, implementation, and operation of a pilot program for Medicaid claims analytics and population health management.

"(b) The Department shall coordinate with the Government Data Analytics Center (GDAC) to develop the pilot program and to provide access to needed data sources, including Medicaid claims data, Medicaid beneficiary files, and local management entity anaged care organization (LME/MCO) encounter data for the pilot program. The pilot program shall utilize the subject matter expertise and technology available through existing GDAC public-private partnerships in order to apply analytics in a manner that would maximize health care savings and efficiencies to the State and optimize positive impacts on health outcomes.

"(b1) During the 2016-2017 fiscal year, the scope of the pilot program shall be expanded to include all of the following:

"(1) The integration of new data sources, such as patient level Healthcare Effectiveness Data and Information Set (HEDIS) quality measures, as prioritized by the Department and GDAC.

"(2) Customized reporting and analytics capabilities.

"(3) A tool to construct and analyze claims as clinical episodes of care in order to assist North Carolina in its transition to capitated managed care and value-based purchasing arrangements.

"(4) Operationalization of the pilot program, including an ongoing feed of the data sources described in subsection (b) of this section and any other data sources mutually agreed upon by the Department and GDAC.

"(c) By November 30, 2015, the Department shall execute all contractual agreements and interagency data-sharing agreements necessary for development and implementation of the pilot program authorized by this section.

"(d) The Department and GDAC shall make the following reports on the pilot program authorized by this section:

"(1) By January 15, 2016, the Department and GDAC shall provide a progress report on the pilot program authorized by this section to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Committee on Health and Human Services, and the Fiscal Research Division.

"(2) By May 31, 2016, the Department and GDAC shall make an interim report of their findings and recommendations on the pilot program authorized by this section to the Joint Legislative Oversight Committee on Health and Human Services, the Joint Legislative Oversight Committee on Information Technology, and the Fiscal Research Division.

"(3) By May 31, 2017, the Department and GDAC shall make a final report of their findings and recommendations on the pilot program authorized by this section to the Joint Legislative Oversight Committee on Health and Human Services, the Joint Legislative Oversight Committee on Information Technology, and the Fiscal Research Division."

Session Laws 2017-57, s. 11A.4, provides: "The Department of Health and Human Services shall continue to coordinate with the Government Data Analytics Center (GDAC) to further develop and fully operationalize the Health Analytics Program for Medicaid claims analytics and population health management authorized by Section 12A.17 of S.L. 2015-241, as amended by Section 12A.7 of S.L. 2016-94. In fulfilling its responsibilities with respect to developing and operationalizing the Health Analytics Program, the Department of Health and Human Services shall comply with G.S. 143B-1385(c)(2)f. The purpose of the Health Analytics Program is to apply analytics to Medicaid data available to GDAC through the Department in a manner that maximizes health care savings and efficiencies to the State, optimizes positive impacts on health outcomes, and assists in the transition to, and management of, the transformed North Carolina Medicaid and North Carolina Health Choice programs as described in S.L. 2015-245, as amended by Section 2 of S.L. 2016-121."

Community Health Grant Program. - Session Laws 2017-57, s. 11A.8(a)-(e), provides: "(a) Of the funds appropriated in this act to the Department of Health and Human Services, Division of Central Management and Support, Office of Rural Health, for Community Health Grants, the sum of seven million five hundred thousand dollars ($7,500,000) in recurring funds for the 2017-2018 fiscal year and the sum of seven million five hundred thousand dollars ($7,500,000) in recurring funds for the 2018-2019 fiscal year shall be used as follows:

"(1) Up to two hundred thousand dollars ($200,000) in recurring funds for each fiscal year of the 2017-2019 fiscal biennium shall be used to establish four permanent, full-time equivalent positions within the Office of Rural Health to support administration of the Community Health Grant Program.

"(2) Up to two hundred thousand dollars ($200,000) in recurring funds for each fiscal year of the 2017-2019 fiscal biennium may be used for administrative purposes.

"(3) At least six million nine hundred fifty thousand dollars ($6,950,000) in recurring funds for each fiscal year of the 2017-2019 fiscal biennium shall be used to award grants on a competitive basis to free and charitable clinics, federally qualified health centers, State-designated rural health centers, local health departments, school-based health centers, and other nonprofit organizations that (i) provide primary and preventative medical services to uninsured or medically indigent patients and (ii) serve as a medical home to these vulnerable populations, in order to accomplish any of the following purposes:

"a. Increase access to primary care and preventative health services for these vulnerable populations in existing primary care locations.

"b. Establish primary care and preventative health services in counties where no such services exist to serve these vulnerable populations.

"c. Create new services, sustain existing service levels, or augment existing services provided to these vulnerable populations, including primary care and preventative health services and including dental, pharmacy, and behavioral health services when integrated into the medical home.

"d. Increase primary care capacity to serve these vulnerable populations, including enhancing or replacing facilities, equipment, or technologies necessary to participate in the exchange of data and tools to monitor and improve the quality of care provided.

"(b) The Office of Rural Health shall work with the North Carolina Community Health Center Association, the North Carolina Association of Local Health Directors, the North Carolina Association of Free and Charitable Clinics, the North Carolina School-Based Health Alliance, and other organizations representing eligible grant recipients to establish a Primary Care Advisory Committee to develop an objective and equitable process for grading applications for grants funded by this section and making recommendations to the Office of Rural Health for the award of grants funded by this section.

"The Office of Rural Health shall make the final decision about awarding grants funded by this section, but no single grant award shall exceed one hundred fifty thousand dollars ($150,000) during the fiscal year. In awarding grants, the Office of Rural Health shall consider the availability of other funds for the applicant; the incidence of poverty in the area served by the applicant or the number of indigent clients served by the applicant; the availability of, or arrangements for, after-hours care; and collaboration between the applicant and a community hospital or other safety-net organizations.

"(c) Grant recipients shall not use these funds to do any of the following:

"(1) Enhance or increase compensation or other benefits of personnel, administrators, directors, consultants, or any other persons receiving funds for program administration; provided, however, funds may be used to hire or retain health care providers. The use of grant funds for this purpose does not obligate the Department of Health and Human Services to continue to fund compensation beyond the grant period.

"(2) Supplant existing funds, including federal funds traditionally received by federally qualified community health centers. However, grant funds may be used to supplement existing programs that serve the purposes described in subsection (a) of this section.

"(3) Finance or satisfy any existing debt.

"(d) The Office of Rural Health shall develop a standardized method for grant recipients to report objective, measurable quality health outcomes and shall require grant recipients to report these quality health outcomes to the Department. Beginning recipients of grant funds shall annually provide to the Office of Rural Health a written report detailing the number of patients that are cared for, the types of services that were provided, quality measures and outcomes, and any other information requested by the Office of Rural Health as necessary for evaluating the success of the Community Health Grant Program.

"(e) Of the funds appropriated in this act to the Department of Health and Human Services, Division of Central Management and Support, Office of Rural Health, for the Community Health Grant Program, the sum of up to one hundred fifty thousand dollars ($150,000) in recurring funds for each fiscal year of the 2017-2019 fiscal biennium shall be used to match federal funds to provide to safety net providers eligible to participate in the Community Health Grant Program, through the Rural Health Technology Team, ongoing training and technical assistance with respect to health information technology, the adoption of electronic health records, and the establishment of connectivity to the State's health information exchange network known as NC HealthConnex."

Child Well-Being Transformation Council. - Session Laws 2018-5, s. 24.1(b)-(j), as amended by Session Laws 2020-3, s. 4.32(a), provides: "(b) North Carolina Child Well-Being Transformation Council Creation; Purpose; Findings. - There is established the North Carolina Child Well-Being Transformation Council (Children's Council) for the purpose of coordinating, collaborating, and communicating among agencies and organizations involved in providing public services to children. The welfare of North Carolina's children is a priority. There are many public and private agencies and organizations across the State involved with promoting the welfare of children and protecting them from harm, such as those involving child care, education, health care, social services, and juvenile justice. Though these agencies and organizations provide important services, they often fail to collaborate, coordinate, and communicate about those services. A more systematic and coordinated approach to services will help ensure that the State achieves the best possible outcomes for children.

"(c) Membership. - The Children's Council shall be located administratively in the General Assembly. The Children's Council shall consist of 25 members. In making appointments, each appointing authority shall select members who have appropriate experience and knowledge of the issues to be examined by the Children's Council and shall strive to ensure members are appointed who represent the geographical, political, gender, and racial diversity of this State. The Children's Council members shall be appointed on or after September 1, 2018, as follows:

"(1) Six members shall be appointed by the President Pro Tempore of the Senate, as follows:

"a. Two shall be members of the Senate.

"b. One shall be a representative from the Administrative Office of the Courts.

"c. One shall be a representative from a child welfare private provider organization.

"d. One shall be a representative from The Duke Endowment.

"e. One shall be a representative from the North Carolina Pediatric Society.

"(2) Six members shall be appointed by the Speaker of the House of Representatives, as follows:

"a. Two shall be members of the House of Representatives.

"b. One shall be a representative from the Department of Public Instruction.

"c. One shall be a representative from Indigent Defense Services.

"d. One shall be a representative from the United States military.

"e. One shall be a representative of the Hospital Association.

"(3) Thirteen members shall be appointed by the Governor, as follows:

"a. One shall be a representative from the Department of Health and Human Services, Division of Child Development and Early Education.

"b. One shall be a representative from the Department of Health and Human Services, Division of Social Services.

"c. One shall be a representative from the Department of Public Safety, Division of Juvenile Justice.

"d. One shall be a representative from the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services.

"e. One shall be a representative from the Guardian ad Litem program.

"f. One shall be a representative from Disability Rights NC.

"g. One shall be a representative from a local management entity/managed care organization (LME/MCO).

"h. Two shall be representatives from the Department of Health and Human Services, Division of Public Health, one with expertise in substance abuse disorders and one with expertise in children's health.

"i. One shall be a representative from the Department of Health and Human Services, Division of Medical Assistance.

"j. One shall be a representative from Children's Advocacy Centers of North Carolina.

"k. One shall be a representative from the North Carolina Child Fatality Task Force.

" l . One shall be a director of a county department of social services.

"(d) Vacancies. - A vacancy shall be filled within 30 days by the authority making the initial appointment.

"(e) Organization. - The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each designate a cochair of the Children's Council, who shall serve for a term of one year. The Children's Council shall meet quarterly each year upon the call of the cochairs. A majority of the membership of the Children's Council shall constitute a quorum. No action may be taken except by a majority vote at a meeting at which a quorum is present. The Open Meetings Law, Article 33C of Chapter 143 of the General Statutes, and the Public Records Act, Chapter 132 of the General Statutes, shall apply to the Children's Council.

"(f) Powers and Duties. - The Children's Council shall direct its focus on the following initiatives:

"(1) Mapping the network of child-serving agencies and organizations in the State.

"(2) Cataloging examples of failures in coordination, collaboration, and communication in the context of child welfare.

"(3) Reviewing the work of bodies similar to the Children's Council operating in other states to identify promising practices and focus areas for the Children's Council's work.

"(4) Monitoring changes in the social services and child welfare system associated with reform and regional supervision.

"(5) Identifying gaps in coordination, collaboration, and communication related to all publicly funded child serving programs.

"(6) Recommending changes in law, policy, or practice necessary to remedy gaps or problems impacting coordination, collaboration, and communication among publicly funded child-serving agencies.

"(g) Staff. - The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Children's Council in its work, including, after consultation with the Council, an individual who has recognized expertise in matters related to children's welfare to support the work of the Council. Upon the direction of the Legislative Services Commission, the Director of Legislative Assistants of the Senate and of the House of Representatives shall assign clerical staff to the Children's Council. Subject to approval of the Legislative Services Commission, the Children's Council may hold meetings in the Legislative Complex.

"(h) Subsistence. - Members of the Children's Council shall receive subsistence and travel expenses as provided in G.S. 120-3.1, 138-5, and 138-6.

"(i) Reporting; Termination. - By June 30, 2019, the Children's Council shall submit an interim report to the chairs of the Senate Appropriations Committee on Health and Human Services, the chairs of the House of Representatives Appropriations Committee on Health and Human Services, the Joint Legislative Oversight Committee on Health and Human Services, and the Fiscal Research Division. The report shall include a summary of the Council's work for the previous year, any findings and recommendations for change, and a work plan for the upcoming year. By August 1, 2020, the Children's Council shall submit a final report and shall terminate on that date.

"(j) The School of Government at the University of North Carolina at Chapel Hill shall do all of the following:

"(1) Convene the first meeting of the Children's Council no later than October 31, 2018, and host the first four meetings of the Children's Council.

"(2) Facilitate the work of the Children's Council during the meetings. The Children's Council shall focus on the initiatives outlined in subsection (f) of this section.

"(3) Provide necessary clerical and administrative support for the meetings in collaboration with clerical staff assigned to the Children's Council pursuant to subsection (g) of this section; conduct research and provide technical assistance, as appropriate; and assist with the preparation of the Children's Council first report due on June 30, 2019."

Editor's Note. - Session Laws 1999-237, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 1999'."

Session Laws 1999-237, s. 30.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 1999-2001 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 1999-2001 biennium."

Session Laws 1999-237, s. 30.4, contains a severability clause.

Session Laws 2000-67, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2000'."

Session Laws 2000-67, s. 28.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2000-2001 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2000-2001 fiscal year."

Session Laws 2000-67, s. 28.4, contains a severability clause.

Session Laws 2001-424, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Acts of 2001'."

Session Laws 2001-424, s. 36.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2001-2003 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2001-2003 fiscal biennium."

Session Laws 2001-424, s. 36.5, is a severability clause.

Session Laws 2002-126, s. 10.10D(d), provides: "The North Carolina Council on the Holocaust, as created by Part 28 of Article 3 of Chapter 143B of the General Statutes, and recodified as G.S. 143A-48.1 by this section, is transferred to the Department of Public Instruction by a Type II transfer, as defined in G.S. 143A-6."

Session Laws 2002-126, s. 1.2, provides: "This act shall be known as 'The Current Operations, Capital Improvements, and Finance Act of 2002'."

Session Laws 2002-126, s. 31.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2002-2003 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2002-2003 fiscal year. For example, uncodified provisions of this act relating to the Medicaid program apply only to the 2002-2003 fiscal year."

Session Laws 2002-126, s. 31.6, is a severability clause.

Session Laws 2006-108, s. 1, provides: "(a) The Department of Health and Human Services, Division of Aging and Adult Services and the Division of Medical Assistance, shall provide education, and training if necessary, to ensure that Community Alternatives Program (CAP) case managers are aware of adult day health services and that this option is being considered in all situations appropriate for the client.

"(b) The Department of Health and Human Services, Division of Aging and Adult Services, shall report on the status of the Partners in Caregiving Study recommendations.

"(c) The Department shall report the status of its activities under this section to the North Carolina Study Commission on Aging not later than July 30, 2006."

Session Laws 2006-194, s. 1, provides: "The Department of Health and Human Services, Division of medical Assistance, shall implement a pilot program to evaluate the use of telemonitoring equipment in home and community based services. As determined by the Division, the Department shall provide remuneration to home care agencies and other providers for participation in the pilot program. The pilot program shall be implemented by October 1, 2006, and shall evaluate the use of telemonitoring equipment as a tool to improve the health of home and community based recipients through increased monitoring and responsiveness, and resulting in increased stabilization rates and decreased hospitalization rates. The evaluation must include a representative number of older adults. The Department shall report to the Study commission on Aging by August 1, 2007. The report shall include findings and recommendations on the cost-effectiveness of telemonitoring and the benefits to individuals and health care providers."

Session Laws 2006-194, s. 2, as amended by Session Laws 2007-125, s. 1, provides: "Beginning January 1, 2007, and for a period of two years thereafter, the Department of Health and Human Services shall not issue any licenses for new home care agencies that intend to offer in-home aide services. This shall not restrict the Department from issuing licenses to certified home health agencies that intend to offer in-home aide services or to agencies that need a new license for an existing home care agency being acquired. This will allow the Department more time to work with existing home care agencies to assure compliance with the newly adopted home care rules."

Session Laws 2007-355, ss. 1 and 2, make provisions for a study of programs and services for older adults in Brunswick, Buncombe, Gaston, Henderson, Moore, and New Hanover Counties, which currently have, or are projected by 2030 to have, the largest numbers of individuals age 60+ when compared to individuals age 17 and younger. The study shall include the following for each county studied: (1) A profile of the current older adult population. (2) A profile of the projected growth for the older adult population. (3) An assessment of the anticipated impact on programs and services that address the needs of the older adult population. (4) Identification of programs and services that are currently in place. (5) Identification of programs and services that are needed to meet the growth projections. (6) Current funding sources for programs and services serving the older adult population. (7) Anticipated funding needs for programs and services serving the older adult population. (8) A delineation of the programs and services that are shared or offered jointly with another county.

Session Laws 2009-446, s. 1(i), provides: "The Residential Energy Conservation Assistance Program is transferred from the Department of Health and Human Services to the Energy Office of the Department of Commerce, which was transferred to that Department by Section 1 of this act. This transfer shall have all of the elements of a Type I transfer, as defined in G.S. 143A-6."

Session Laws 2009-451, s. 10.62, provides: "Full implementation for the Community Alternatives Programs reimbursement system shall be not later than 12 months after the date on which the replacement Medicaid Management Information System becomes operational and stabilized." For prior similar provisions, see Session Laws 2007-323, s. 10.44.

Session Laws 2009-451, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2009'."

Session Laws 2009-451, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2009-2011 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2009-2011 fiscal biennium."

Session Laws 2009-451, s. 28.5, is a severability clause.

Session Laws 2010-31, s. 10.33(a)-(c), provides: "(a) The Secretary of the Department of Health and Human Services shall establish a Preferred Drug List (PDL) Policy Review Panel within 60 days after the effective date of this section. The purpose of the PDL Policy Review Panel is to review the Medicaid PDL recommendations from the Department of Health and Human Services, Division of Medical Assistance, and the Physician Advisory Group Pharmacy and Therapeutics (PAG P&T) Committee.

"(b) The Secretary shall appoint the following individuals to the review panel:

"(1) The Director of Pharmacy for the Division of Medical Assistance.

"(2) A representative from the PAG P&T Committee.

"(3) A representative from the Old North State Medical Society.

"(4) A representative from the North Carolina Association of Pharmacists.

"(5) A representative from Community Care of North Carolina.

"(6) A representative from the North Carolina Psychiatric Association.

"(7) A representative from the North Carolina Pediatric Society.

"(8) A representative from the North Carolina Academy of Family Physicians.

"(9) A representative from the North Carolina Chapter of the American College of Physicians.

"(10) A representative from a research-based pharmaceutical company.

"Individuals appointed to the Review Panel, except for the Division's Director of Pharmacy, shall only serve a two-year term.

"(c) Within 30 days after the Department, in consultation with the PAG P&T Committee, publishes a proposed policy or procedure related to the Medicaid PDL, the Review Panel shall hold an open meeting to review the recommended policy or procedure along with any written public comments received as a result of the posting. The Review Panel shall provide an opportunity for public comment at the meeting. After the conclusion of the meeting, the Review Panel shall submit policy recommendations about the proposed Medicaid PDL policy or procedure to the Secretary."

Session Laws 2010-31, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2010'."

Session Laws 2010-31, s. 32.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2010-2011 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2010-2011 fiscal year."

Session Laws 2010-31, s. 32.6, is a severability clause.

"Session Laws 2010-152, ss. 18.1 to 18.6, provide: "SECTION 18.1. The Department of Health and Human Services shall conduct a study and propose recommendations by January 31, 2011, regarding the cost-effectiveness of supportive housing as an alternative to institutionalization of the MH/DD/SA populations.

"SECTION 18.2. The study shall be conducted by a task force appointed by the Secretary of Health and Human Services.

"SECTION 18.3. The Task Force shall include the following:

"(1) Five representatives from various areas of the Department of Health and Human Services.

"(2) One representative from the Housing Trust Fund.

"(3) Six representatives from Local Management Entities.

"(4) Two representatives from the North Carolina Department of Correction [Division of Adult Correction of the Department of Public Safety].

"(5) One representative from the Division of Medical Assistance.

"(6) One representative from Community Care of North Carolina.

"(7) Two representatives from private providers of housing services for the mentally ill.

"(8) Two representatives from public housing agencies.

"(9) Two consumer representatives - a direct consumer and a family member, from a MH/DD/SA consumer/advocacy group.

"SECTION 18.4. The Secretary of Health and Human Services shall appoint two cochairs of the Task Force.

"SECTION 18.5. The Task Force will propose a plan focusing on the following goals:

"(1) Develop a cost-effective system of care for the MH/DD/SA population.

"(2) Decrease the need for hospital admission of target population.

"(3) Decrease the length of stay in psychiatric hospitals.

"(4) Decrease incarceration rate of the MH/DD/SA populations.

"(5) Decrease emergency room use by the MH/DD/SA populations.

"(6) Improve level of functioning of the MH/DD/SA populations.

"(7) Explore funding possibilities from Medicaid and other sources.

"(8) Decrease homelessness among the MH/DD/SA populations.

"(9) Maintain MH/DD/SA patients in community setting.

"(10) Decrease impact on law enforcement.

"(11) Make our communities safer for both consumers and others.

"(12) Reduce recidivism for the MH/DD/SA population.

"SECTION 18.6. The Task Force shall:

"(1) Identify frequent users of psychiatric beds (State and community) and emergency departments.

"(2) For the above group, determine:

"a. Their housing situation.

"b. Incarceration history.

"c. Recidivism rates.

"d. Treatment offered and treatment compliance.

"e. Other factors as determined by Task Force.

"(3) Review existing State and national initiatives in this area.

"(4) Use information from subdivisions (1) and (2) of this section to do the following:

"a. Study current practices and issues related to placement of MH/DD/SA populations following discharge from psychiatric facilities.

"b. Develop a business case for the development of a statewide supportive housing initiative to benefit MH/DD/SA populations.

"c. Calculate the number of supportive housing units needed in the State.

"d. Calculate the level of capital investment needed for this multiyear initiative.

"e. Propose different methods that could be used to pay for ongoing operational costs.

"f. Examine the potential cost-saving attained through this strategy.

"g. Calculate the level of capital investment needed for this multiyear initiative.

"(5) Other tasks as identified by the Task Force."

For criteria to be used by the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services of the Department of Health and Human Services shall, together with the Division of Medical Assistance of the Department of Health and Human Services for implementing value-based purchasing or grants that would provide additional reimbursement to providers, see Session Laws 2011-185, s. 4(a). As to collaboration of the Divisions with United States Department of Veterans Affairs on process and outcome measures, see Session Laws 2011-145, s. 4(b).

Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'"

Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium."

Session Laws 2011-145, s. 32.5, is a severability clause.

Session Laws 2011-185, s. 4(c), provides: "The Division of Mental Health, Developmental Disabilities, and Substance Abuse Services shall report its recommendations by July 1, 2012, to the Chairs of the House of Representatives and Senate Appropriations Subcommittees on Health and Human Services, to the Chairs of the House of Representatives Committee on Homeland Security, Military, and Veterans Affairs, and to the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services."

Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'"

Session Laws 2012-142, s. 27.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year."

Session Laws 2012-142, s. 27.7, is a severability clause.

Session Laws 2013-4, s. 3, provides: "In order to ensure compliance with federal Medicaid comparability requirements and the settlement agreement filed on August 23, 2012, between the United States Department of Justice and the State of North Carolina, the General Assembly shall not appropriate State funds for the 2013-2014 fiscal year or the 2014-2015 fiscal year for the purposes specified in Section 10.23A(f) of S.L. 2012-142, as amended by Section 3.6 of S.L. 2012-145, or for the purposes specified in Section 1 of this act."

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.'"

Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year."

Session Laws 2016-94, s. 39.7, is a severability clause.

Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'"

Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium."

Session Laws 2017-57, s. 39.6, is a severability clause.

Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.' "

Session Laws 2018-5, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2018-2019 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2018-2019 fiscal year."

Session Laws 2018-5, s. 39.7, is a severability clause.

Session Laws 2020-4, s. 4.18(a)-(c), as added by Session Laws 2020-97, s. 1.3, provides: "(a) The General Assembly finds that:

"(1) The COVID-19 pandemic has exerted significantly new stresses on the mental and physical well-being of students in our public schools.

"(2) Public school units cannot incur additional recurring expenses in personnel.

"(3) There are mental and physical support personnel available in every county in the local departments of social services.

"(b) Of the funds allocated in subdivision (109) of Section 3.3 of this act, as amended, the Department of Health and Human Services, Division of Social Services, shall establish a student health collaborative pilot program allowing a local education agency (LEA) to collaborate with the county department of social services to assist students with their mental and physical well-being while in a public school setting in response to the COVID-19 pandemic. The Division of Social Services, in collaboration with the State Board of Education and the Department of Public Instruction, shall select at least one LEA to participate in the pilot program upon providing the required local match to funds allocated in this act for the collaborative pilot. Nothing in this subsection shall be construed as allowing the expenditure of funds from the Coronavirus Relief Fund past December 30, 2020.

"(c) The Division of Social Services shall submit a progress report six months after implementing the pilot program established under this section to the Joint Legislative Oversight Committee on Health and Human Services, the Joint Legislative Education Oversight Committee, and the Fiscal Research Division. At a minimum, the report shall include each of the following:

"(1) The number of students served by age, gender, and ethnicity.

"(2) The types of services or supports provided to students, including student outcomes.

"(3) Total project costs, including any administrative costs.

"(4) The amount of funds needed to expand the program to other counties or statewide."

Session Laws 2020-97, s. 4.5, is a severability clause.

Effect of Amendments. - Session Laws 2007-182, ss. 1 and 2, effective July 5, 2007, substituted "Division of Health Service Regulation" for "Division of Facility Services" in subdivision (a); and substituted "Commission for Public Health" for "Commission for Health Services" in subdivision (d)(1).

Session Laws 2011-266, s. 1.30(b), effective July 1, 2011, deleted subdivision (d)(3), which read: "Governor's Council on Physical Fitness and Health."

Session Laws 2011-326, s. 19, effective June 27, 2011, deleted subdivision (a)(10), which read: "Office of Economic Opportunity."

Session Laws 2013-247, s. 3, effective July 3, 2013, deleted subdivisions (b)(11) and (b)(12).

§ 143B-139. Department of Health and Human Services - head.

The Secretary of Health and Human Services shall be the head of the Department.

History

(1973, c. 476, s. 120; 1997-443, s. 11A.122.)

School-Based Child and Family Team Initiative. - Session Laws 2005-276, s. 6.24, provides for the development and implementation of a School-Based Child and Family Team Initiative. See note at G.S. 115C-105.20.

§ 143B-139.1. Secretary of Health and Human Services to adopt rules applicable to local health and human services agencies.

The Secretary of the Department of Health and Human Services may adopt rules applicable to local health and human services agencies for the purpose of program evaluation, fiscal audits, and collection of third-party payments. The Secretary may adopt and enforce rules governing:

1. The placement of individuals in licensable facilities located outside the individual's community and ability of the providers to return the individual to the individual's community as soon as possible without detriment to the individual or the community.
2. The monitoring of mental health, developmental disability, and substance abuse services.
3. The communication procedures between the area authority or county program, the local department of social services, the local education authority, and the criminal justice agency, if involved with the individual, regarding the placement of the individual outside the individual's community and the transfer of the individual's records in accordance with law.
4. The enrollment and revocation of enrollment of Medicaid providers who have been previously sanctioned by the Department and want to provide services under this Article.

History

(1975, c. 875, s. 45; 1997-443, s. 11A.101; 2002-164, s. 4.5.)

§ 143B-139.2. Secretary of Health and Human Services requests for grants-in-aid from non-State agencies.

It is the intent of this General Assembly that non-State health and human services agencies submit their appropriation requests for grants-in-aid through the Secretary of the Department of Health and Human Services for recommendations to the Governor and the General Assembly, and that agencies receiving these grants, at the request of the Secretary of the Department of Health and Human Services, provide a postaudit of their operations that has been done by a certified public accountant.

History

(1975, c. 875, s. 16; 1989, c. 727, s. 173; 1997-443, s. 11A.102; 2006-203, s. 103.)

Effect of Amendments. - Session Laws 2006-203, s. 103, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter, deleted "and the Advisory Budget Commission" following "to the Governor."

§ 143B-139.2A: Repealed by Session Laws 2017-57, s. 11A.14(g), effective July 1, 2017.

History

(2012-142, s. 10.19(a), (b); repealed by Session Laws 2017-57, s. 11A.14(g), effective July 1, 2017.)

Editor's Note. - Session Laws 2012-142, s. 10.19(a) and (b), was codified as this section at the direction of the Revisor of Statutes.

Former G.S. 143B-139.2A pertained to requisite reports by non-State entities receiving direct State appropriations.

Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'"

Session Laws 2017-57, s. 39.6, is a severability clause.

§ 143B-139.3. Department of Health and Human Services - authority to contract with other entities.

1. The Department of Health and Human Services is authorized to contract with any governmental agency, person, association, or corporation for the accomplishment of its duties and responsibilities provided that the expenditure of funds pursuant to such contracts shall be for the purposes for which the funds were appropriated and is not otherwise prohibited by law.
2. The Department is authorized to enter into contracts with and to act as intermediary between any federal government agency and any county of this State for the purpose of assisting the county to recover monies expended by a county-funded financial assistance program; and, as a condition of such assistance, the county shall agree to hold and save harmless the Department against any claims, loss, or expense which the Department might incur under the contracts by reason of any erroneous, unlawful, or tortious act or omission of the county or its officials, agents, or employees.

History

(1979, 2nd Sess., c. 1094, s. 1; 1983, c. 13; 1997-443, s. 11A.118(a).)

Editor's Note. - Session Laws 1979, 2nd Sess., c. 1094, which enacted present subsection (a) of this section, provided in s. 6: "This act is effective upon ratification. All contracts which would be permissible under this act which were entered into on or after April 20, 1979, are hereby validated." The act was ratified June 17, 1980.

The preamble to Session Laws 1979, 2nd Sess., c. 1094, cited as the reason for the enactment the case of Hughey v. Cloninger, 297 N.C. 86, 253 S.E.2d 898 (1979), requiring statutory authority for third party contracts.

Session Laws 1998-212, s. 1.1 provides: "This act shall be known as the 'Current Operations Appropriations and Capital Improvement Appropriations Act of 1998'."

Session Laws 1998-212, s. 30.2 provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 1998-99 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 1998-99 fiscal year."

Session Laws 1998-212, s. 30.5, is a severability clause.

Session Laws 1998-212, s. 12.51, provides: "(a) The Department of Health and Human Services, Division of Epidemiology, shall continue the practice of contracting with community-based organizations, local health departments, and other entities to provide services to high-risk individuals. Contracts shall require quarterly reports to the Department on the entity's use of funds, number of clients served under the contract, details on program expenditures, and any other information needed by the Department to enable it to evaluate the efficiency and effectiveness of the entity's use of funds and provision of services. Effective January 1, 1999, entities under contract with the Department shall provide to the Department, at least annually, a copy of the entity's financial statement and most recent audit report.

"(a1) If the entity with which the Department of Health and Human Services contracts in accordance with subsection (a) of this section is a nonprofit organization, then the entity shall also provide the same quarterly report to the appropriate local health department.

"(b) The Department of Health and Human Services shall adopt standards for the annual evaluation and certification of entities with which the Department contracts under this section. The evaluation and certification standards shall provide sanctions, including discontinuing of funding, for an entity's failure to comply with DHHS standards and State law. The Department shall adopt the standards not later than April 1, 1999, and the standards shall apply to contracts entered into on and after January 1, 2000.

"(c) The Department of Health and Human Services shall report to the House Appropriations Subcommittee on Human Resources and the Senate Appropriations Committee on Human Resources no later than May 1, 1999, on the standards adopted, on entities currently under contract with DHHS, and on those entities' experience in providing effective and efficient services under contract with the Department.

"(d) Effective January 1, 2000, the Department of Health and Human Services shall not allocate HIV Prevention Funds to any entity unless the entity has met the certification standards adopted by the Department."

§ 143B-139.4. Department of Health and Human Services; authority to assist private nonprofit organizations.

1. The Secretary of the Department of Health and Human Services may allow employees of the Department or provide other appropriate services to assist any private nonprofit organization which works directly with services or programs of the Department and whose sole purpose is to support the services and programs of the Department. Except as provided in G.S. 143B-164.18, a Department employee shall be allowed to work with an organization no more than 20 hours in any one month. These services are not subject to the provisions of Chapter 150B of the General Statutes.
2. A private, nonprofit organization that receives employee assistance or other appropriate services in accordance with subsection (a) of this section, shall document all contributions received, including employee time, supplies, materials, equipment, and physical space. The documentation shall also provide an estimated value of all contributions received as well as any compensation paid to or bonuses received by State employees. This documentation shall be submitted annually to the Secretary of the Department of Health and Human Services in a format approved by the Secretary. Nonprofit organizations with less than five hundred thousand dollars ($500,000) in annual income shall submit an affidavit or annual audit from the chief officer of the organization providing and attesting to the financial condition of the organization and the expenditure of funds or use of State employee services or other State services, within six months from the nonprofit's fiscal year end. The board of directors of each private, nonprofit organization with an annual income of five hundred thousand dollars ($500,000) or more shall secure and pay for the services of the State Auditor's Office or employ a certified public accountant to conduct an annual audit of the financial accounts of the organization. The board of directors shall transmit to the Secretary of the Department a copy of the annual financial audit report of the private nonprofit organization. Nothing in this subsection shall be construed to relieve the private, nonprofit organization from other applicable reporting requirements established by law.
3. Notwithstanding the limitations of subsection (a) of this section, the Secretary of the Department of Health and Human Services may assign employees of the Office of Rural Health and Resource Development to serve as in-kind match to nonprofit organizations working to establish health care programs that will improve health care access while controlling costs.

History

(1987, c. 634, s. 1; 1997-443, s. 11A.118(a); 1999-237, s. 11.3; 2001-412, s. 3; 2006-66, s. 10.19.)

Editor's Note. - Session Laws 1997-443, s. 11.13, provides: "Notwithstanding the limitations of G.S. 143B-139.4, the Secretary of the Department of Human Resources may assign employees of the Office of Rural Health and Resource Development to serve as in-kind match to nonprofit corporations working to establish health care programs that will improve health care access while controlling costs." For similar prior provisions, see Session Laws 1995, c. 324, s. 23.1.

Session Laws 1997-443, s. 35.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 1997-99 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 1997-99 fiscal biennium."

Effect of Amendments. - Session Laws 2006-66, s. 10.19, effective July 1, 2006, in subsection (b), inserted the first four sentences, inserted "with an annual income of five hundred thousand dollars ($500,000) or more" in the fifth sentence, and added the last sentence.

§ 143B-139.4A. Office of Rural Health to work with organizations for expansion of mental health and substance abuse services.

The North Carolina Office of Rural Health of the Department of Health and Human Services, in conjunction with the North Carolina Foundation for Advanced Health Programs through the Center of Excellence in Integrated Care, the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, the Governor's Institute on Substance Abuse, North Carolina Community Care Networks, Inc., the North Carolina Community Health Center Association, and other professional associations, shall work to expand the collocation in primary care practices serving the adult population of licensed health professionals trained in providing mental health and substance abuse services.

History

(2011-185, s. 5; 2015-241, s. 12A.16(b).)

Editor's Note. - Session Laws 2011-185, s. 5, was codified at the direction of the Revisor of Statutes as G.S. 143B-139.4A.

Session Laws 2015-241, s. 12A.16(a), (b), provides: "(a) The Office of Rural Health and Community Care within the Department of Health and Human Services, Division of Central Management and Support, is hereby renamed the Office of Rural Health.

"(b) Consistent with subsection (a) of this section, the Revisor of Statutes may conform names and titles changed by this section and may correct statutory references as required by this section throughout the General Statutes. In making the changes authorized by this section, the Revisor may also adjust subject and verb agreement and the placement of conjunctions." Pursuant to this authority, the Revisor of Statutes substituted "Office of Rural Health" for "Office of Rural Health and Community Care" in the section heading and in the text.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

§ 143B-139.4B. Office of Rural Health to oversee and monitor establishment and administration of statewide telepsychiatry program.

1. The following definitions apply in this section:
   1. Community-based site. - Community-based health care setting to include, but not limited to, public health department, rural health center, rural health clinic, federally qualified health center, school-based health center, free and charitable clinic that accepts reimbursement.
   2. Consultant site. - The hospital or other site at which the consulting provider is physically located at the time the consulting provider delivers the mental health or substance abuse care by means of telepsychiatry.
   3. Consulting provider. - A physician or other health care provider licensed in this State to provide mental health or substance abuse care.
   4. Hospital. - A facility licensed under Chapter 131E or Chapter 122C of the General Statutes, or a State facility listed in G.S. 122C-181.
   5. Referring site. - The hospital or approved community-based site at which the patient is physically located.
   6. Telepsychiatry. - The delivery of mental health or substance abuse care, including diagnosis or treatment, by means of two-way real-time interactive audio and video by a consulting provider at a consultant site to an individual patient at a referring site. The term does not include the standard use of telephones, facsimile transmissions, unsecured electronic mail, or a combination of these in the course of care.
   7. Recodified as G.S. 143B-139.4B(a)(1b) by Session Laws 2018-44, s. 15.1, effective July 1, 2018.
2. The North Carolina Office of Rural Health shall oversee the establishment and administration of a statewide telepsychiatry program that allows referring sites to utilize consulting providers at a consultant site to provide timely psychiatric assessment and rapid initiation of treatment for patients at the referring emergency department site experiencing a mental health or substance abuse crisis, or for patients in need of mental health or substance abuse care at an approved community-based site. Notwithstanding the provisions of Article 3 of Chapter 143 of the General Statutes or any other provision of law, the Office of Rural Health shall contract with East Carolina University Center for Telepsychiatry and e-Behavioral Health to administer the telepsychiatry program. The contract shall include a provision requiring East Carolina University Center for Telepsychiatry and e-Behavioral Health to work toward implementing this program on a statewide basis by no later than January 1, 2014, and to report annually to the Office of Rural Health on the following performance measures:
   1. Number of consultant sites and referring sites participating in the program.
   2. Number of psychiatric assessments conducted under the program, reported by site or region.
   3. Length of stay of patients receiving telepsychiatry services in the emergency departments of hospitals participating in the program, reported by disposition.
   4. Number of involuntary commitments recommended as a result of psychiatric assessments conducted by consulting providers under the program, reported by site or region and by year, and compared to the number of involuntary commitments recommended prior to implementation of this program.
3. The Office of Rural Health  shall have all of the following powers and duties relative to the statewide telepsychiatry program:
   1. Ongoing oversight and monitoring of the program.
   2. Ongoing monitoring of the performance of East Carolina University Center for Telepsychiatry and e-Behavioral Health under its contract with the Department, including all of the following:
      1. Review of the performance measures described in subsection (b) of this section.
      2. Annual site visits to East Carolina University Center for Telepsychiatry and e-Behavioral Health.
   3. Facilitation of program linkages with critical access hospitals and small rural hospitals.
   4. Conducting visits to referring sites and consultant sites to monitor implementation of the program; and upon implementation, conducting these site visits at least once annually.
   5. Addressing barriers and concerns identified by consulting providers, consultant sites, and referring sites participating in the program.
   6. Encouraging participation in the program by all potential consultant sites, consulting providers, and referring sites throughout the State and promoting continued participation in the program by consultant sites, consulting providers, and referring sites throughout the State.
   7. Compiling a list of recommendations for future tele-health initiatives, based on operation of the statewide telepsychiatry program.
   8. Reviewing on a quarterly basis the financial statements of East Carolina University Center for Telepsychiatry and e-Behavioral Health related to the telepsychiatry program in order to compare and monitor projected and actual program costs.
   9. Annually reporting to the Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division on or before November 1 on the operation and effectiveness of the program. The report shall include information on each of the performance measures described in subsection (b) of this section.
4. The Department shall adopt rules necessary to ensure the health and safety of patients who receive care, diagnosis, or treatment under the telepsychiatry program authorized by this section.

History

(2013-360, s. 12A.2B(b); 2015-241, s. 12A.16(b); 2018-44, s. 15.1; 2019-177, s. 8.)

Editor's Note. - Session Laws 2013-360, s. 12A.2B(a), provides: "By no later than August 15, 2013, the Office of Rural Health and Community Care of the Department of Health and Human Services shall develop and submit to the Senate Appropriations Committee on Health and Human Services, the House Appropriations Subcommittee on Health and Human Services, the Joint Legislative Oversight Committee on Health and Human Services, and the Fiscal Research Division a plan to implement a statewide telepsychiatry program to be administered by East Carolina University Center for Telepsychiatry and e-Behavioral Health (ECU Center for Telepsychiatry) pursuant to a contract between the Department and ECU Center for Telepsychiatry. The plan shall be substantially similar to the Albemarle Hospital Foundation telepsychiatry project currently operating in 14 hospitals in eastern North Carolina and shall allow all hospitals licensed to operate in the State under Chapter 131E or Chapter 122C of the General Statutes to participate in the telepsychiatry program, either as a consultant site or as a referring site. As used in this section, the terms 'consultant site' and 'referring site' are as defined in G.S. 143B-139.4B(a). In addition, the plan shall include at least all of the following:

"(1) Specific steps to be taken by ECU Center for Telepsychiatry, within specified time periods, to work toward implementation of the telepsychiatry program on a statewide basis.

"(2) Specific steps to be taken by the Department to oversee and monitor establishment and administration of the program.

"(3) Estimated program costs and rates of payment for telepsychiatry services.

"(4) Requirements for liability coverage related to participation in telepsychiatry."

Session Laws 2013-360, s. 12A.2B(c), provides: "From the funds appropriated in this act to the Department of Health and Human Services, Division of Central Management and Support, Office of Rural Health and Community Care, the sum of two million dollars ($2,000,000) for the 2013-2014 fiscal year and the sum of two million dollars ($2,000,000) for the 2014-2015 fiscal year shall be used for the following purposes:

"(1) To enter into a contract with East Carolina University Center for Telepsychiatry and e-Behavioral Health for statewide implementation and administration of the telepsychiatry program authorized in G.S. 143B-139.4B of the General Statutes.

"(2) To purchase needed telepsychiatry equipment for the State facilities listed in G.S. 122C-181 that participate in the statewide telepsychiatry program."

Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'"

Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium."

Session Laws 2013-360, s. 38.5, is a severability clause.

Session Laws 2015-241, s. 12A.16(a), (b), provides: "(a) The Office of Rural Health and Community Care within the Department of Health and Human Services, Division of Central Management and Support, is hereby renamed the Office of Rural Health.

"(b) Consistent with subsection (a) of this section, the Revisor of Statutes may conform names and titles changed by this section and may correct statutory references as required by this section throughout the General Statutes. In making the changes authorized by this section, the Revisor may also adjust subject and verb agreement and the placement of conjunctions." Pursuant to this authority, the Revisor of Statutes substituted "Office of Rural Health" for "Office of Rural Health and Community Care" in the section heading and in subsections (b) and (c).

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Session Laws 2018-44, s. 1, provides: "This act shall be known and may be cited as "The Heroin and Opioid Prevention and Enforcement (HOPE) Act of 2018."

Session Laws 2018-44, s. 16, is a severability clause.

Effect of Amendments. - Session Laws 2018-44, s. 15.1, effective July 1, 2018, in subsection (a), added subdivision (a)(1), redesignated former subdivision (a)(1) as subdivision (a)(1a), deleted "acute" preceding "mental health" in subdivision (a)(1a), inserted "or approved community-based site" in subdivision (a)(3), deleted "acute" preceding "mental health" in the first sentence of subdivision (a)(4), and redesignated former subdivision (a)(5) as present subdivision (a)(1b); and, in the first sentence of subsection (b), inserted "emergency department", deleted "acute" preceding "mental health", and substituted "or for patients in need of mental health or substance abuse care at an approved community-based site" for "crisis" at the end.

Session Laws 2019-177, s. 8, effective July 26, 2019, inserted "crisis" following "substance abuse" and made a technical correction in subsection (b).

§ 143B-139.4C. Office of Rural Health; administration of loan repayment programs.

1. The Department of Health and Human Services, Office of Rural Health, shall use funds appropriated to the Department for loan repayment to medical, dental, and psychiatric providers practicing in State hospitals or in rural or medically underserved communities in this State to combine the following loan repayment programs in order to achieve efficient and effective management of these programs:
   1. The Physician Loan Repayment Program.
   2. The Psychiatric Loan Repayment Program.
   3. The Loan Repayment Initiative at State Facilities.
2. These funds may be used for the following additional purposes:
   1. Continued funding of the State Loan Repayment Program for primary care providers and expansion of State incentives to general surgeons practicing in Critical Access Hospitals located across the State.
   2. Expansion of the State Loan Repayment Program to include eligible providers residing in North Carolina who use telemedicine in rural and underserved areas.

History

(2017-57, s. 11A.9; 2018-88, s. 3(a).)

Editor's Note. - Session Laws 2018-88, s. 3(b), (c), provides: "(b) The Office of Rural Health, Department of Health and Human Services, is directed to work with data from the Cecil G. Sheps Center for Health Services Research, and other sources, to identify the need for dentists in rural areas in North Carolina and to develop a recommendation to target loan repayment funds for dentists in rural areas that have been identified as having the greatest need for dentists.

"(c) On or before October 1, 2018, the Office of Rural Health, Department of Health and Human Services, shall provide an interim report to the Joint Legislative Oversight Committee on Health and Human Services on the actions required by this section. On or before October 1, 2019, the Office of Rural Health, Department of Health and Human Services, shall provide a final report to the Joint Legislative Oversight Committee on Health and Human Services on the actions required by this section."

§ 143B-139.4D. Department of Health and Human Services; coordination of health information technology.

1. The Department of Health and Human Services, in cooperation with the State Chief Information Officer, shall coordinate health information technology policies and programs within the State of North Carolina. The goal of the Chief Information Officer of the Department of Health and Human Services in coordinating State health information technology policy and programs shall be to avoid duplication of efforts and to ensure that each State agency, public entity, and private entity that undertakes health information technology activities does so within the area of its greatest expertise and technical capability and in a manner that supports coordinated State and national goals, which shall include at least all of the following:
   1. Ensuring that patient health information is secure and protected, in accordance with applicable law.
   2. Improving health care quality, reducing medical errors, reducing health disparities, and advancing the delivery of patient-centered medical care.
   3. Providing appropriate information to guide medical decisions at the time and place of care.
   4. Ensuring meaningful public input into health information technology infrastructure development.
   5. Improving the coordination of information among hospitals, laboratories, physicians' offices, and other entities through an effective infrastructure for the secure and authorized exchange of health care information.
   6. Improving public health services and facilitating early identification and rapid response to public health threats and emergencies, including bioterrorist events and infectious disease outbreaks.
   7. Facilitating health and clinical research.
   8. Promoting early detection, prevention, and management of chronic diseases.
2. The Department, in cooperation with the Department of Information Technology, shall establish and direct a health information technology management structure that is efficient and transparent and that is compatible with the Office of the National Coordinator for Health Information Technology (National Coordinator) governance mechanism. The health information technology management structure shall be responsible for all of the following:
   1. Developing a State Plan for implementing and ensuring compliance with national health information technology standards and for the most efficient, effective, and widespread adoption of health information technology.
   2. Ensuring that (i) specific populations are effectively integrated into the State Plan, including aging populations, populations requiring mental health services, and populations utilizing the public health system, and (ii) unserved and underserved populations receive priority consideration for health information technology support.
   3. Identifying all health information technology stakeholders and soliciting feedback and participation from each stakeholder in the development of the State Plan.
   4. Ensuring that existing health information technology capabilities are considered and incorporated into the State Plan.
   5. Identifying and eliminating conflicting health information technology efforts where necessary.
   6. Identifying available resources for the implementation, operation, and maintenance of health information technology, including identifying resources and available opportunities for North Carolina institutions of higher education.
   7. Ensuring that potential State Plan participants are aware of health information technology policies and programs and the opportunity for improved health information technology.
   8. Monitoring health information technology efforts and initiatives in other states and replicating successful efforts and initiatives in North Carolina.
   9. Monitoring the development of the National Coordinator's strategic plan and ensuring that all stakeholders are aware of and in compliance with its requirements.
   10. Monitoring the progress and recommendations of the Health Information Technology Policy and Standards Committee and ensuring that all stakeholders remain informed of the Committee's recommendations.
   11. Monitoring all studies and reports provided to the United States Congress and reporting to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on the impact of report recommendations on State efforts to implement coordinated health information technology.

History

(2017-57, s. 11A.1; 2018-5, s. 11A.1.)

Effect of Amendments. - Session Laws 2018-5, s. 11A.1, effective July 1, 2018, substituted "Office of the National Coordinator for Health Information" for "Office of the National Health Coordinator for Information" in the first sentence of subsection (b).

§ 143B-139.5. Department of Health and Human Services; adult care State/county share of costs for State-County Special Assistance programs.

State funds available to the Department of Health and Human Services shall pay fifty percent (50%), and the counties shall pay fifty percent (50%) of the authorized rates for care in adult care homes including area mental health agency-operated or contracted-group homes. The Department shall use the State's appropriation to the State-County Special Assistance program for this program, for the State-County Special Assistance in-home program, and for rental assistance. Each county shall use county funds budgeted for the State-County Special Assistance program for this program, for the State-County Special Assistance in-home program, and for rental assistance.

History

(1991, c. 689, s. 128; 1995, c. 535, s. 31; 1997-443, s. 11A.118(a); 2012-142, s. 10.23(f); 2014-100, s. 12D.2.)

Effect of Amendments. - Session Laws 2014-100, s. 12D.2, effective July 1, 2014, deleted "maintenance of State/county budget allocations" preceding "for State-County" in the section heading; and rewrote the section.

§ 143B-139.5A. Collaboration between Division of Social Services and Commission of Indian Affairs on Indian Child Welfare Issues.

The Division of Social Services, Department of Health and Human Services, shall work in collaboration with the Commission of Indian Affairs, Department of Administration, and the North Carolina Directors of Social Services Association to develop, in a manner consistent with federal law, an effective process through which the following can be accomplished:

1. Establishment of a relationship between the Division of Social Services and the Indian tribes set forth in G.S. 143B-407(a), either separately or through a central entity, that will enable these tribes, in general, and tribal councils or other tribal organizations, in particular, to receive reasonable notice of identified Indian children who are being placed in foster care or adoption or who otherwise enter the child protective services system, and to be consulted on policies and other matters pertinent to placement of Indian children in foster care or adoption.
2. Agreement on a process by which North Carolina Indians might be identified and recruited for purposes of becoming foster care and adoptive parents.
3. Agreement on a process by which the cultural, social, and historical perspective and significance associated with Indian life may be taught to appropriate child welfare workers and to foster and adoptive parents.
4. Identification or formation of Indian child welfare advocacy, placement and training entities with which the Department of Health and Human Services might contract or otherwise form partnerships for the purpose of implementing the provisions of this act.
5. Development of a valid and reliable process through which Indian children within the child welfare system can be identified.
6. Identify the appropriate roles of the State and of Indian tribes, organizations and agencies to ensure successful means for securing the best interests of Indian children.

History

(2001-309, s. 1.)

Editor's Note. - This section was codified as G.S. 143B-139.5A at the direction of the Revisor of Statutes.

§ 143B-139.5B. Department of Health and Human Services - provision for joint training.

The Department of Health and Human Services shall offer joint training of Division of Health Service Regulation consultants, county DSS adult home specialists, and adult care home providers. The training shall be offered no fewer than two times per year, and subject matter of the training should be based on one or more of the 10 deficiencies cited most frequently in the State during the immediately preceding calendar year. The joint training shall be designed to reduce inconsistencies experienced by providers in the survey process, to increase objectivity by DHSR consultants and DSS specialists in conducting surveys, and to promote a higher degree of understanding between facility staff and DHSR consultants and DSS specialists in what is expected during the survey process.

History

(2001-385, s. 1(c); 2007-182, s. 1; 2008-187, s. 25.)

Editor's Note. - This section was codified as G.S. 143B-139.5B at the direction of the Revisor of Statutes.

Effect of Amendments. - Session Laws 2007-182, s. 1, effective July 5, 2007, substituted "Division of Health Service Regulation" for "Division of Facility Services."

Session Laws 2008-187, s. 25, effective August 7, 2008, substituted "DHSR" for "DFS" twice.

§ 143B-139.5C. Internet data warehouse for provider records; annual review of accrediting body policies to avoid duplication.

1. The Secretary shall allow private sector development and implementation of an Internet-based, secure, and consolidated data warehouse and archive for maintaining corporate, fiscal, and administrative records of providers by September 1, 2011. This data warehouse shall not be used to store consumer records.  Use of the consolidated data warehouse by the service provider agency is optional.  Providers that choose to utilize the data warehouse shall ensure that the data is up to date and accessible to the regulatory body. A provider shall submit any revised, updated information to the data warehouse within 10 business days after receiving the request. The regulatory body that conducts administrative monitoring must use the data warehouse for document requests. If the information provided to the regulatory body is not current or is unavailable from the data warehouse and archive, the regulatory body may contact the provider directly. A provider that fails to comply with the regulatory body's requested documents may be subject to an on-site visit to ensure compliance. Access to the data warehouse must be provided without charge to the regulatory body under this subsection.
2. The Secretary shall review on an annual basis updates to policy made by the following national accrediting bodies:  Council on Accreditation (COA), CARF International, Council on Quality and Leadership (CQL), the Joint Commission, NCQA, and URAC and shall take actions necessary to ensure that DHHS policy or procedural requirements do not duplicate the updated accreditation standards.

History

(2011-253, ss. 1(c), 2.)

Editor's Note. - Session Laws 2011-253, s. 1(a) and (b), provides: "(a) In order to minimize the creation of unfunded mandates, the Secretary of the Department of Health and Human Services (DHHS) shall direct a rate-setting memorandum be prepared for every change or adjustment made by DHHS in service definition, policy, rule, or provider requirements that impacts services provided in accordance with this act.

"(b) The Secretary shall dissolve North Carolina Treatment Outcomes Program Performance System (NC-TOPPS) Advisory Committee and establish a task force made up of division staff, Behavioral Health Managed Care Organizations, consumers, and providers to objectively evaluate the North Carolina Treatment Outcomes Program Performance System (NC-TOPPS) to improve the way data is accessible across services rather than site-specific to reflect valid comparisons of program outcomes by August 1, 2011."

§ 143B-139.6. Confidentiality of records.

All privileged patient medical records in the possession of the Department of Health and Human Services shall be confidential and shall not be public records pursuant to G.S. 132-1.

History

(1991 (Reg. Sess., 1992), c. 890, s. 20; 1997-443, s. 11A.118(a).)

§ 143B-139.6A. Secretary's responsibilities regarding availability of early intervention services.

The Secretary of the Department of Health and Human Services shall ensure, in cooperation with other appropriate agencies, that all types of early intervention services specified in the "Individuals with Disabilities Education Act" (IDEA), P.L. 102-119, the federal early intervention legislation, are available to all eligible infants and toddlers and their families to the extent funded by the General Assembly.

The Secretary shall coordinate and facilitate the development and administration of the early intervention system for eligible infants and toddlers and shall assign among the cooperating agencies the responsibility, including financial responsibility, for services. The Secretary shall be advised by the Interagency Coordinating Council for Children from Birth to Five with Disabilities and Their Families, established by G.S. 143B-179.5, and may enter into formal interagency agreements to establish the collaborative relationships with the Department of Public Instruction, other appropriate agencies, and other public and private service providers necessary to administer the system and deliver the services.

As part of the permission to refer parents to services under the early intervention system for eligible infants and toddlers, the Secretary shall include the Governor Morehead School for the Blind, the Eastern North Carolina School for the Deaf, and the North Carolina School for the Deaf as agencies included on any permission to refer release form provided to parents for contact regarding services.

The Secretary shall adopt rules to implement the early intervention system, in consultation with all other appropriate agencies.

History

(2001-437, s. 1.20(b); 2016-123, s. 5.8.)

Effect of Amendments. - Session Laws 2016-123, s. 5.8, effective July 1, 2016, added the third paragraph.

§ 143B-139.6B. Department of Health and Human Services; authority to deduct payroll for child care services.

Notwithstanding G.S. 143-3.3 and pursuant to rules adopted by the State Controller, an employee of the Department of Health and Human Services may, in writing, authorize the Department to periodically deduct from the employee's salary or wages paid for employment by the State, a designated lump sum to be paid to satisfy the cost of services received for child care provided by the Department.

History

(2005-276, s. 10.8.)

Medicaid - Rules, Reports, and Other Matters. - Session Laws 2009-451, s. 10.58(e), as amended by Session Laws 2010-31, s. 10.22(b), provides: "Provider Performance Bonds and Visits. -

"(1) Subject to the provisions of this subdivision, the Department may require Medicaid-enrolled providers to purchase a performance bond in an amount not to exceed one hundred thousand dollars ($100,000) naming as beneficiary the Department of Health and Human Services, Division of Medical Assistance, or provide to the Department a validly executed letter of credit or other financial instrument issued by a financial institution or agency honoring a demand for payment in an equivalent amount. The Department may require the purchase of a performance bond or the submission of an executed letter of credit or financial instrument as a condition of initial enrollment, reenrollment, or reinstatement if:

"a. The provider fails to demonstrate financial viability,

"b. The Department determines there is significant potential for fraud and abuse,

"c. The Department otherwise finds it is in the best interest of the Medicaid program to do so.

"The Department shall specify the circumstances under which a performance bond or executed letter of credit will be required.

"(1a) The Department may waive or limit the requirements of this paragraph for individual Medicaid-enrolled providers or for one or more classes of Medicaid-enrolled providers based on the following:

"a. The provider's or provider class's dollar amount of monthly billings to Medicaid.

"b. The length of time an individual provider has been licensed, endorsed, certified, or accredited in this State to provide services.

"c. The length of time an individual provider has been enrolled to provide Medicaid services in this State.

"d. The provider's demonstrated ability to ensure adequate record keeping, staffing, and services.

"e. The need to ensure adequate access to care.

"In waiving or limiting requirements of this paragraph, the Department shall take into consideration the potential fiscal impact of the waiver or limitation on the State Medicaid Program. The Department shall provide to the affected provider written notice of the findings upon which its action is based and shall include the performance bond requirements and the conditions under which a waiver or limitation apply. The Department may adopt temporary rules in accordance with G.S. 150B-21.1 as necessary to implement this provision.

"(2) Reimbursement is available for up to 30 visits per recipient per fiscal year for the following professional services: physicians, nurse practitioners, nurse midwives, clinics, health departments, optometrists, chiropractors, and podiatrists. The Department of Health and Human Services shall adopt medical policies in accordance with G.S. 108A-54.2 to distribute the allowable number of visits for each service or each group of services consistent with federal law. In addition, the Department shall establish a threshold of some number of visits for these services. The Department shall ensure that primary care providers or the appropriate CCNC network are notified when a patient is nearing the established threshold to facilitate care coordination and intervention as needed.

"Prenatal services, all EPSDT children, emergency room visits, and mental health visits subject to independent utilization review are exempt from the visit limitations contained in this subdivision. Subject to appropriate medical review, the Department may authorize exceptions when additional care is medically necessary. Routine or maintenance visits above the established visit limit will not be covered unless necessary to actively manage a life threatening disorder or as an alternative to more costly care options."

Session Laws 2009-451, s. 10.40, provides: "Subject to rules adopted by the State Controller, an employee of the Department of Health and Human Services may authorize, in writing, the periodic deduction from the employee's salary or wages for employment by the State, a designated lump sum to be paid to satisfy the cost of services received for child care provided by the Department." For prior similar provisions, see Session Laws 2004-124, s. 10.2D.

Session Laws 2009-451, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2009'."

Session Laws 2009-451, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2009-2011 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2009-2011 fiscal biennium."

Session Laws 2009-451, s. 28.5, is a severability clause.

Session Laws 2010-31, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2010'."

Session Laws 2010-31, s. 32.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2010-2011 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2010-2011 fiscal year."

Session Laws 2010-31, s. 32.6, is a severability clause.

§ 143B-139.6C. Cooling-off period for certain Department employees.

1. Ineligible Vendors. - The Secretary of the Department of Health and Human Services shall not contract for goods or services with a vendor that employs or contracts with a person who is a former employee of the Department and uses that person in the administration of a contract with the Department.
2. Vendor Certification. - The Secretary shall require each vendor submitting a bid or contract to certify that the vendor will not use a former employee of the Department in the administration of a contract with the Department in violation of the provisions of subsection (a) of this section.
3. A violation of the provisions of this section shall void the contract.
4. Definitions. - As used in this section, the following terms mean:
   1. Administration of a contract. - The former employee's duties and responsibilities for the vendor include oversight of the performance of a contract, or authority to make decisions regarding a contract, including interpretation of a contract, development of specifications or terms of a contract, or award of a contract.
   2. Former employee of the Department. - A person who, for any period within the preceding six months, was employed as an employee or contract employee of the Department of Health and Human Services and personally participated in any of the following:
      1. The award of a contract to the vendor.
      2. An audit, decision, investigation, or other action affecting the vendor.
      3. Regulatory or licensing decisions that applied to the vendor.

History

(2015-245, s. 14(a); 2016-121, s. 2(i).)

Editor's Note. - Session Laws 2015-245, s. 14(b), made this section effective November 1, 2015, and applicable to contracts entered into on or after that date.

Effect of Amendments. - Session Laws 2016-121, s. 2(i), retroactively effective June 1, 2016, in subdivision (d)(1), substituted "The former employee's duties and responsibilities for the vendor include oversight" for "Oversight" at the beginning, substituted "including interpretation of a contract, development of specifications or terms of a contract" for "interpretation of a contract, or participation in the development of specifications or terms of a contract or in the preparation" and made a stylistic change; in subdivision (d)(2), substituted "Services and personally participated in any of the following" for "Services, and in the six months immediately preceding termination of State employment, participated personally in either the award or management of a Department contract with the vendor, or made regulatory or licensing decisions that directly applied to the vendor" and added sub-subdivisions (d)(2)a. through (d)(2)c.

PART 1A. CONSOLIDATED COUNTY HUMAN SERVICES.

§ 143B-139.7. Consolidated county human services funding.

1. The Secretary of the Department of Health and Human Services shall adopt rules and policies to provide that:
   1. Any dedicated funding streams for local public health services, for social services, and for mental health, developmental disabilities, and substance abuse services may flow to a consolidated county human services agency and the consolidated human services board in the same manner as that for funding nonconsolidated county human services, unless a different manner of allocation is otherwise required by law.
   2. The fiscal accountability and reporting requirements pertaining to local health boards, social services boards, and area mental health authority boards apply to a consolidated human services board.
2. The Secretary of the Department of Health and Human Services may adopt any other rule or policy required to facilitate the provision of human services by a consolidated county human services agency or a consolidated human services board.
3. For the purposes of this section, "consolidated county human services agency" means a county human services agency created pursuant to G.S. 153A-77(b). "Consolidated human services board" means a county human services board established pursuant to G.S. 153A-77(b).

History

(1995 (Reg. Sess., 1996), c. 690, s. 1; 1997-443, s. 11A.118(a).)

§ 143B-140: Repealed by Session Laws 1989, c. 727, s. 174.

PART 2. BOARD OF HUMAN RESOURCES.

§ 143B-141: Repealed by Session Laws 1983, c. 494.

PART 3. COMMISSION FOR PUBLIC HEALTH.

§§ 143B-142 through 143B-146: Recodified as §§ 130A-29 through 130A-33 by Session Laws 1989, c. 727, s. 175.

PART 3A. EDUCATION PROGRAMS IN RESIDENTIAL SCHOOLS.

§ 143B-146.1. Mission of schools; definitions.

1. It is the intent of the General Assembly that the mission of the residential school community is to challenge with high expectations each child to learn, to achieve, and to fulfill his or her potential.
2. The following definitions apply in this Part:
   1. Reserved.
   2. Department. - The Department of Health and Human Services.
   3. Instructional personnel. - Assistant principals, teachers, instructional personnel, instructional support personnel, and teacher assistants employed in a residential school.
   4. Participating school. - A residential school that is required to participate in the Program.
   5. Program. - The School-Based Management and Accountability Program developed by the State Board.
   6. Residential school. - A school operated by the Department of Health and Human Services that provides residential services to students. For the purposes of this Part, "residential school" does not include a school operated pursuant to Article 9C of Chapter 115C.
   7. Residential school personnel. - The individuals included in G.S. 143B-146.16(a)(2).
   8. Schools. - The residential schools under the control of the Secretary.
   9. Secretary. - The Secretary of Health and Human Services.
   10. State Board. - The State Board of Education.
   11. Repealed by Session Laws 2013-247, s. 5, effective July 3, 2013.

History

(1998-131, s. 5; 2005-195, s. 1; 2013-247, s. 4; 2015-65, s. 1.3.)

Transfer of State Residential and Preschools for the Deaf and Blind. - Session Laws 2010-31, s. 10.21A(a), provides: "(a) The General Assembly finds that to improve the educational outcomes for students attending the State's residential schools for the deaf and blind, the State Board of Education shall assume administrative responsibility for the North Carolina School for the Deaf, Eastern North Carolina School for the Deaf, Governor Morehead School for the Blind, Early Intervention Services - Preschool, and Governor Morehead Preschool programs. Notwithstanding Part 3A of Article 3 of Chapter 143B of the General Statutes, effective June 1, 2011, the Office of Education Services within the Department of Health and Human Services is dissolved, and the North Carolina School for the Deaf, Eastern North Carolina School for the Deaf, Governor Morehead School for the Blind, Early Intervention Services - Preschool, and Governor Morehead Preschool programs within the Department of Health and Human Services, Office of Education Services, are transferred to the Department of Public Instruction. These transfers shall have all of the elements of a Type I transfer, as defined in G.S. 143A-6. Upon transfer, the State Board of Education shall continue the salary supplements authorized by G.S. 143B-146.21, and in effect on June 1, 2011, for teachers, instructional support personnel, and school-based administrators in the residential schools and preschools."

Session Laws 2010-31, s. 10.21A(b)-(g), provided for a transition plan, including the creation of a a search committee to hire a superintendent to oversee the operations of the North Carolina School for the Deaf, Eastern North Carolina School for the Deaf, and Governor Morehead School for the Blind within the Department of Public Instruction. Pursuant to Session Laws 2011-266, ss. 2 and 2.13, the statutory requirements of the State Board of Education Selection Committee for a Superintendent, have been met and this body is no longer authorized to meet, provide recommendations, or operate in any capacity.

Editor's Note. - For the creation of the Office of Education Services, see Editor's note at G.S. 143B-136.1 under the heading of "Division of Early Intervention and Education."

Session Laws 2010-31, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2010'."

Session Laws 2010-31, s. 32.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2010-2011 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2010-2011 fiscal year."

Session Laws 2010-31, s. 32.6, is a severability clause.

Session Laws 2013-247, s. 11, provides: "(a) Notwithstanding Section 10.21A of S.L. 2010-31 and G.S. 115C-150.11, as enacted by this act, the Department of Health and Human Services shall continue to be responsible for the maintenance and repair of all buildings, grounds, and facilities of the Governor Morehead School and for providing utilities for the Governor Morehead School, provided that the Department of Health and Human Services may enter into a memorandum of understanding with the Department of Public Instruction for the Department of Public Instruction to assume any of those responsibilities.

"(b) Notwithstanding Section 10.21A of S.L. 2010-31 and G.S. 115C-150.11, as enacted by this act, the Department of Health and Human Services shall continue to be responsible for information technology support for Eastern North Carolina School for the Deaf, the North Carolina School for the Deaf, and the Governor Morehead School, provided the Department of Health and Human Services may enter into a memorandum of understanding with the Department of Public Instruction for the Department of Public Instruction to assume any of those responsibilities."

Session Laws 2013-360, s. 8.15(a), provides: "The Department of Public Instruction shall not transfer any school-based personnel from the State's residential schools to central office administrative positions."

Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'"

Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium."

Session Laws 2013-360, s. 38.5, is a severability clause.

Session Laws 2015-65, s. 1.3, amended former subdivision (b)(1). Subdivisions (b)(1) and (4a) were redesignated as subdivisions (b)(4a) and (4b) at the direction of the Revisor of Statutes to maintain alphabetical order.

Effect of Amendments. - Session Laws 2005-195, s. 1, effective July 1, 2005, in subdivision (b)(3), deleted "Principals," preceding "Assistant principals"; and rewrote subdivision (b)(9).

Session Laws 2013-247, s. 4, effective July 3, 2013, added subdivision (b)(4a); and deleted subdivision (b)(9).

Session Laws 2015-65, s. 1.3, effective June 11, 2015, deleted "ABC's" in subdivision (b)(4); and deleted "ABC's Program or" in the subdivision heading of subdivision (b)(4a).

§ 143B-146.2. School-Based Management and Accountability Program in residential schools.

1. The Secretary, in consultation with the General Assembly and the State Board, may designate residential schools that must participate in the Program. The primary goal of the Program is to improve student performance. The Program is based upon an accountability, recognition, assistance, and intervention process in order to hold each participating school, its principal, and the instructional personnel accountable for improved student performance in that school.
2. In order to support the participating schools in the implementation of this Program, the State Board, in consultation with the Secretary, shall adopt guidelines, including guidelines to:
   1. Assist the Secretary and the participating schools in the development and implementation of the Program.
   2. Recognize the participating schools that meet or exceed their goals.
   3. Identify participating schools that are low-performing and assign assistance teams to those schools. The assistance teams should include individuals with expertise in residential schools, individuals with experience in the education of children with disabilities, and others the State Board, in consultation with the Secretary, considers appropriate.
   4. Enable assistance teams to make appropriate recommendations.
3. The Program shall provide increased decision making and parental involvement at the school level with the goal of improving student performance.
4. Consistent with improving student performance, the Secretary shall provide maximum flexibility to participating schools in the use of funds to enable those schools to accomplish their goals.

History

(1998-131, s. 5; 2001-424, s. 21.81(c); 2005-195, s. 2; 2013-247, s. 5; 2015-65, s. 1.4.)

School Improvement Plans at Residential Schools. - Session Laws 2012-142, s. 7.3(a)-(h), provides: "(a) In order to improve student performance, the Eastern North Carolina School for the Deaf, the Governor Morehead School for the Blind, and the North Carolina School for the Deaf each shall develop a school improvement plan that takes into consideration the annual performance goal for that school that is set by the State Board of Education. The principal of each school, instructional personnel and residential life personnel assigned to that school, and a minimum of five parents of children enrolled in the school shall constitute a school improvement team to develop a school improvement plan to improve student performance.

"Representatives of the instructional and residential life personnel shall be elected by their respective groups by secret ballot.

"Parents shall be elected by parents of children enrolled in the school in an election conducted by the parent and teacher organization of the school or, if none exists, by the largest organization of parents formed for this purpose. To the extent possible, parents serving on school improvement teams shall reflect the composition of the students enrolled in that school. No more than two parents on the team may be employees of the school. Parental involvement is a critical component of school success and positive student achievement; therefore, it is the intent of the General Assembly that parents, along with instructional and residential life personnel, have a substantial role in developing school improvement plans. To this end, school improvement team meetings shall be held at a convenient time to assure substantial parent participation. Parents who are elected to serve on school improvement teams and who are not employees of the school shall receive travel and subsistence expenses in accordance with G.S. 138-5 and, if appropriate, may receive a stipend.

"All school improvement plans shall be, to the greatest extent possible, data driven. School improvement teams shall use the Education Value Added Assessment System (EVAAS), or a compatible and comparable system approved by the State Board of Education, to analyze student data to identify root causes for problems and to determine actions to address them. School improvement plans shall contain clear, unambiguous targets, explicit indicators and actual measures, and expeditious time frames for meeting the measurement standards.

"(b) The strategies for improving student performance shall include the following:

"(1) A plan for the use of staff development funds that may be made available to the school to implement the school improvement plan. The plan may provide that a portion of these funds is used for mentor training and for release time and substitute teachers while teachers are meeting with mentors.

"(2) A plan for preparing students to read at grade level by the time they enter second grade. The plan shall require kindergarten and first grade teachers to notify parents or guardians when a child is not reading at grade level and is at risk of not reading at grade level by the time the child enters second grade. The plan may include the use of assessments to monitor students' progress in learning to read and strategies for teachers and parents to implement that will help students improve and expand their reading ability, as well as provide for the recognition of teachers and strategies that appear to be effective at preparing students to read at grade level.

"(3) A comprehensive plan to encourage parent involvement.

"(4) A plan designed to provide that the school is safe, secure, and orderly; that there is a climate of respect in the school; and that appropriate personal conduct is a priority for all students and all residential school personnel.

"(5) A plan that specifies the effective instructional practices and methods to be used to improve the academic performance of students identified as at risk of academic failure or at risk of dropping out of school.

"(c) Support among affected staff members is essential to successful implementation of a school improvement plan to address improved student performance at that school. The principal of the school shall present the proposed school improvement plan to all of the instructional personnel assigned to the school for their review and vote. The vote shall be by secret ballot. The principal shall submit the school improvement plan to the State Board of Education only if the proposed school improvement plan has the approval of a majority of the instructional personnel who voted on the plan.

"(d) The State Board of Education shall accept or reject the school improvement plan within 60 days after the submission plan. If the State Board rejects a school improvement plan, the State Board shall state with specificity the reasons for rejecting the plan to the principal and shall direct that the principal work with the school improvement team to resolve the disagreements. The school improvement team may then prepare another plan, present it to the instructional personnel assigned to the school for a vote, and submit it to the State Board to accept or reject. If there is no resolution within 30 days, then the State Board may develop a school improvement plan for the school; however, the General Assembly urges the State Board to utilize the school's proposed school improvement plan to the maximum extent possible when developing this plan.

"(e) A school improvement plan shall remain in effect for no more than three years; however, the school improvement team may amend the plan as often as is necessary or appropriate. If, at any time, any part of a school improvement plan becomes unlawful or the State Board finds that a school improvement plan is impeding student performance at a school, the State Board may vacate the relevant portion of the plan and may direct the school to revise that portion. The procedures set out in this section shall apply to amendments and revisions to school improvement plans.

"(f) Any funds the State Board makes available to a school to meet the goals for that school under the ABCs Program and to implement the school improvement plan at that school shall be used in accordance with those goals and the school improvement plan.

"(g) The State Board shall develop a list of recommended strategies that it determines to be effective, which building-level committees may use to establish parent involvement programs designed to meet the specific needs of their schools.

"(h) Once the plan is developed, the principal shall ensure the plan is available and accessible to parents and the school community."

Effect of Amendments. - Session Laws 2005-195, s. 2, effective July 1, 2005, substituted "principal" for "superintendent" in the fourth sentence of subsection (a).

Session Laws 2013-247, s. 5, effective July 3, 2013, in subsection (a), deleted the former first sentence, which read "The Governor Morehead School and the schools for the deaf shall participate in the ABC's Program," and deleted "other" preceding "residential schools" in the present first sentence.

Session Laws 2015-64, s. 1.4, effective June 11, 2015, substituted "School-Based Management and Accountability" for "ABC's" in the section heading; substituted "the Program" for "the ABC's Program" in the first two sentences in subsection (a), in subdivision (b)(1) and in subsection (c).

§ 143B-146.3. Annual performance goals.

The Program shall (i) focus on student performance in the basics of reading, mathematics, and communications skills in elementary and middle schools, (ii) focus on student performance in courses required for graduation and on other measures required by the State Board in the high schools, and (iii) hold participating schools accountable for the educational growth of their students. To those ends, the State Board shall design and implement an accountability system that sets annual performance standards for each participating school in order to measure the growth in performance of the students in each individual school.

History

(1998-131, s. 5; 2015-65, s. 1.5.)

Effect of Amendments. - Session Laws 2015-65, s. 1.5, effective June 11, 2015, deleted "ABC's" preceding "Program" at the beginning of section.

§ 143B-146.4: Repealed by Session Laws 2015-65, s. 1.6, effective June 11, 2015.

History

(1998-131, s. 5; 2005-195, s. 3; repealed by 2015-65, s. 1.6, effective June 11, 2015.)

Editor's Note. - Former G.S. 143B-146.4 pertained to performance recognition.

§ 143B-146.5. Identification of low-performing schools.

1. The State Board shall design and implement a procedure to identify low-performing schools on an annual basis. Low-performing schools are those participating schools in which there is a failure to meet the minimum growth standards, as defined by the State Board, and a majority of students are performing below grade level.
2. By July 10 of each year, the Secretary shall do a preliminary analysis of test results to determine which participating schools the State Board may identify as low-performing under this section. The Secretary then shall proceed under G.S. 143B-146.7. In addition, within 30 days of the initial identification of a school as low-performing by the Secretary or the State Board, whichever occurs first, the Secretary shall develop a preliminary plan for addressing the needs of that school. Before the Secretary adopts this plan, the Secretary shall make the plan available to the residential school personnel and the parents and guardians of the students of the school, and shall allow for written comments. Within five days of adopting the plan, the Secretary shall submit the plan to the State Board. The State Board shall review the plan expeditiously and, if appropriate, may offer recommendations to modify the plan. The Secretary shall consider any recommendations made by the State Board.
3. Each identified low-performing school shall provide written notification to the parents of students attending that school. The written notification shall include a statement that the State Board of Education has found that the school has "failed to meet the minimum growth standards, as defined by the State Board, and a majority of students in the school are performing below grade level." This notification also shall include a description of the steps the school is taking to improve student performance.

History

(1998-131, s. 5.)

Editor's Note. - Subsections (b) and (c) had been enacted as (a1) and (b), respectively, and were redesignated at the direction of the Revisor of Statutes.

§ 143B-146.6. Assistance teams; review by State Board.

1. The State Board may assign an assistance team to any school identified as low-performing under this Part or to any other school that the State Board determines would benefit from an assistance team. The State Board shall give priority to low-performing schools in which the educational performance of the students is declining. The Department shall, with the approval of the Secretary, provide staff as needed and requested by an assistance team.
2. When assigned to an identified low-performing school, an assistance team shall:
   1. Review and investigate all facets of school operations, including instructional and residential, and assist in developing recommendations for improving student performance at that school.
   2. Evaluate at least semiannually the principal and instructional personnel assigned to the school and make findings and recommendations concerning their performance.
   3. Collaborate with school staff, the Department, and the Secretary in the design, implementation, and monitoring of a plan that, if fully implemented, can reasonably be expected to alleviate problems and improve student performance at that school.
   4. Make recommendations as the school develops and implements this plan.
   5. Review the school's progress.
   6. Report, as appropriate, to the Secretary, the State Board, and the parents on the school's progress. If an assistance team determines that an accepted school improvement plan developed under G.S. 143B-146.12 is impeding student performance at a school, the team may recommend to the Secretary that he vacate the relevant portions of that plan and direct the school to revise those portions.
3. If a participating school fails to improve student performance after assistance is provided under this section, the assistance team may recommend that the assistance continue or that the Secretary take further action under G.S. 143B-146.7.
4. The Secretary, in consultation with the State Board, shall annually review the progress made in identified low-performing schools.

History

(1998-131, s. 5; 2005-195, s. 4; 2011-145, s. 7.13(u); 2011-391, s. 14(b).)

Editor's Note. - Session Laws 2011-391, s. 14(b), repealed Session Laws 2011-145, s. 7.13(u). Session Laws 2011-145, s. 7.13(u), had it taken effect, would have deleted the last sentence in subdivision (b)(6), which contains a reference to a repealed section, G.S. 143B-146.12.

G.S.143B-146.12, referred to in subdivision (b)(6), was repealed by Session Laws 2011-145, s. 7.13(v).

Effect of Amendments. - Session Laws 2005-195, s. 4, effective July 1, 2005, substituted "principal" for "superintendent" in subdivision (b)(2).

§ 143B-146.7. Consequences for personnel at low-performing schools.

1. Within 30 days of the initial identification of a school as low-performing, whether by the Secretary under G.S. 143B-146.5(b) or by the State Board under G.S. 143B-146.5(a), the Secretary shall take one of the following actions concerning the school's principal: (i) decide whether the principal should be retained in the same position, (ii) decide whether the principal should be retained in the same position and a plan of remediation should be developed, (iii) decide whether the principal should be transferred, or (iv) proceed under the North Carolina Human Resources Act to dismiss or demote the principal. The principal may be retained in the same position without a plan for remediation only if the principal was in that position for no more than two years before the school is identified as low-performing. The principal shall not be transferred to another position unless (i) it is in a principal position in which the principal previously demonstrated at least two years of success, (ii) there is a plan to evaluate and provide remediation to the principal for at least one year following the transfer to assure the principal does not impede student performance at the school to which the principal is being transferred; and (iii) the parents of the students at the school to which the principal is being transferred are notified. The principal shall not be transferred to another low-performing school. The Secretary may, at any time, proceed under the North Carolina Human Resources Act for the dismissal of any principal who is assigned to a low-performing school to which an assistance team has been assigned. The Secretary shall proceed under the North Carolina Human Resources Act for the dismissal of any principal when the Secretary receives from the assistance team assigned to that school two consecutive evaluations that include written findings and recommendations regarding the principal's inadequate performance. The Secretary shall order the dismissal of the principal if the Secretary determines from available information, including the findings of the assistance team, that the low performance of the school is due to the principal's inadequate performance. The Secretary may order the dismissal of the principal if (i) the Secretary determines that the school has not made satisfactory improvement after the State Board assigned an assistance team to that school; and (ii) the assistance team makes the recommendation to dismiss the principal. The Secretary may order the dismissal of a principal before the assistance team assigned to the principal's school has evaluated that principal if the Secretary determines from other available information that the low performance of the school is due to the principal's inadequate performance. The burden of proof is on the principal to establish that the factors leading to the school's low performance were not due to the principal's inadequate performance. The burden of proof is on the Secretary to establish that the school failed to make satisfactory improvement after an assistance team was assigned to the school. Two consecutive evaluations that include written findings and recommendations regarding that person's inadequate performance from the assistance team are substantial evidence of the inadequate performance of the principal. Within 15 days of the Secretary's decision concerning the principal, but no later than September 30, the Secretary shall submit to the State Board a written notice of the action taken and the basis for that action.
2. At any time after the State Board identifies a school as low-performing under this Part, the State Board shall proceed under G.S. 115C-325(p1) or G.S. 115C-325.11 for the dismissal of licensed instructional personnel assigned to that school.
3. At any time after the State Board identifies a school as low-performing under this Part, the Secretary shall proceed under the North Carolina Human Resources Act for the dismissal of instructional personnel who are not certificated when the Secretary receives two consecutive evaluations that include written findings and recommendations regarding that person's inadequate performance from the assistance team. These findings and recommendations shall be substantial evidence of the inadequate performance of the instructional personnel. The Secretary may proceed under the North Carolina Human Resources Act for the dismissal of instructional personnel who are not certificated when: (i) the Secretary determines that the school has failed to make satisfactory improvement after the State Board assigned an assistance team to that school; and (ii) that the assistance team makes the recommendation to dismiss that person for a reason that constitutes just cause for dismissal under the North Carolina Human Resources Act.
4. The certificated instructional personnel working in a participating school at the time the school is identified by the State Board as low-performing are subject to G.S. 115C-105.38A.
5. The Secretary may terminate the contract of a school administrator dismissed under this section. Nothing in this section shall prevent the Secretary from refusing to renew the contract of any person employed in a school identified as low-performing under this Part.

History

(1998-131, s. 5; 2005-195, s. 5; 2013-360, s. 9.7(m), (w); 2013-382, s. 9.1(c); 2017-157, s. 2(n).)

Editor's Note. - In subsection (a), the reference to "G.S. 143B-146.5(b)" was substituted for "G.S. 143B-146.5(a1)" at the direction of the Revisor of Statutes.

Session Laws 2013-382, s. 9.1(b), provides: "The following entities and positions created by Chapter 126 of the General Statutes are hereby renamed by this act:

"(1) The State Personnel Commission is renamed the 'North Carolina Human Resources Commission.'

"(2) The Office of State Personnel is renamed the 'North Carolina Office of State Human Resources.'

"(3) The State Personnel Director is renamed the 'Director of the North Carolina Office of State Human Resources.'"

Session Laws 2013-382, s. 9.1(c), provides: "Modification of References. - The Revisor of Statutes shall delete any references in the General Statutes to the State Personnel Act, State Personnel Commission, the State Personnel Director, and the Office of State Personnel (or any derivatives thereof) and substitute references to the North Carolina Human Resources Act, the State Human Resources Commission, the Director of the Office of State Human Resources, and the Office of Human Resources (or the appropriate derivative thereof) to effectuate the renaming set forth in this section wherever conforming changes are necessary."

Session Laws 2017-157, s. 2(n), repealed Session Laws 2013-360, s. 9.7(w), effective July 21, 2017. Session Laws 2013-360, s. 9.7(w) amended this section, effective June 30, 2018.

Effect of Amendments. - Session Laws 2005-195, s. 5, effective July 1, 2005, substituted "principal" for "superintendent" throughout subsection (a); and made a minor punctuation change.

Session Laws 2013-360, s. 9.7(m), effective July 1, 2014, in subsection (b), substituted "State Board" for "Secretary" and "licensed" for "certificated," and added "or G.S. 115C-325.11."

Session Laws 2013-360, s. 9.7(w), effective June 30, 2018, deleted "G.S. 115C-325(p1) or" preceding "G.S. 115C-325.11" in subsection (b).

Session Laws 2013-382, s. 9.1(c), effective August 21, 2013, substituted "North Carolina Human Resources Act" for "State Personnel Act" throughout subsections (a) and (c).

§ 143B-146.8. Evaluation of licensed personnel and principals; action plans; State Board notification.

1. Annual Evaluations; Low-Performing Schools. -  The principal shall evaluate at least once each year all licensed personnel assigned to a participating school that has been identified as low-performing but has not received an assistance team. The evaluation shall occur early enough during the school year to provide adequate time for the development and implementation of an action plan if one is recommended under subsection (b) of this section. If the employee is a teacher as defined under G.S. 115C-325(a)(6) with career status or a teacher as defined in G.S. 115C-325.1(6) on contract, either the principal or an assessment team assigned under G.S. 143B-146.9 shall conduct the evaluation. If the employee is a school administrator as defined under G.S. 115C-287.1(a)(3), the Superintendent shall conduct the evaluation.
2. Action Plans. - If a licensed employee in a participating school that has been identified as low-performing receives an unsatisfactory or below standard rating on any function of the evaluation that is related to the employee's instructional duties, the individual or team that conducted the evaluation shall recommend to the principal that: (i) the employee receive an action plan designed to improve the employee's performance; or (ii) the principal recommend that the employee who is a career employee be dismissed or demoted as provided in G.S. 115C-325 or the employee who is a teacher on contract not be recommended for renewal; or (iii) if the employee who is a teacher on contract engages in inappropriate conduct or performs inadequately to such a degree that such conduct or performance causes substantial harm to the educational environment that a proceeding for immediate dismissal or demotion under G.S. 115C-325.4 be instituted. The principal shall determine whether to develop an action plan, to not recommend renewal of the employee's contract, or to recommend a dismissal proceeding. The person who evaluated the employee or the employee's supervisor shall develop the action plan unless an assistance team or assessment team conducted the evaluation. If an assistance team or assessment team conducted the evaluation, that team shall develop the action plan in collaboration with the employee's supervisor. Action plans shall be designed to be completed within 90 instructional days or before the beginning of the next school year. The State Board shall develop guidelines that include strategies to assist in evaluating licensed personnel and developing effective action plans within the time allotted under this section. The State Board may adopt policies for the development and implementation of action plans or professional development plans for personnel who do not require action plans under this section.
3. Reevaluation. - Upon completion of an action plan under subsection (b) of this section, the principal or the assessment team shall evaluate the employee a second time. If on the second evaluation the employee receives one unsatisfactory or more than one below standard rating on any function that is related to the employee's instructional duties, the principal shall recommend that the employee with career status be dismissed or demoted under G.S. 115C-325, or that an employee's contract not be renewed or if the employee engages in inappropriate conduct or performs inadequately to such a degree that such conduct or performance causes substantial harm to the educational environment, that the employee be dismissed or demoted under G.S. 115C-325.4. The results of the second evaluation shall constitute substantial evidence of the employee's inadequate performance.
4. State Board Notification. - If an employee is dismissed for cause or an employee's contract is not renewed as a result of a superintendent's recommendation under subsection (b) or (c) of this section, the State Board shall be notified of the action, and the State Board annually shall provide to all local boards of education the names of those individuals. If a local board hires one of these individuals, that local board shall proceed under G.S. 115C-333(d).
5. Civil Immunity. - There shall be no liability for negligence on the part of the Secretary or the State Board, or their employees, arising from any action taken or omission by any of them in carrying out this section. The immunity established by this subsection shall not extend to gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable. The immunity established by this subsection is waived to the extent of indemnification by insurance, indemnification under Articles 31A and 31B of Chapter 143 of the General Statutes, and to the extent sovereign immunity is waived under the Tort Claims Act, as set forth in Article 31 of Chapter 143 of the General Statutes.
6. Evaluation of Principals. - Each year the Secretary shall evaluate the principals.

Notwithstanding this subsection or any other law, the principal shall observe at least three times annually, a teacher shall observe at least once annually, and the principal shall evaluate at least once annually, all teachers who have been employed for less than three consecutive years. All other employees defined as teachers under G.S. 115C-325(a)(6) with career status or teachers as defined in G.S. 115C-325.1(6) on a four-year contract who are assigned to participating schools that are not designated as low-performing shall be evaluated annually unless the State Board adopts rules that allow specified categories of teachers with career status or on four-year contracts to be evaluated more or less frequently. The State Board also may adopt rules requiring the annual evaluation of nonlicensed personnel. This section shall not be construed to limit the duties and authority of an assistance team assigned to a low-performing school.

History

(1998-131, s. 5; 2005-195, s. 6; 2013-247, s. 6; 2013-360, s. 9.7(n), (x); 2017-157, s. 2(k), (n).)

Editor's Note. - Session Laws 2017-157, s. 2(n), repealed Session Laws 2013-360, s. 9.7(x), effective July 21, 2017. Session Laws 2013-360, s. 9.7(x) amended this section, effective June 30, 2018.

Effect of Amendments. - Session Laws 2005-195, s. 6, effective July 1, 2005, substituted "principal" for "superintendent" throughout the section; in subsection (b), added "in a participating school that has been identified as low-performing"; and in subsection (f), substituted "Superintendent" for "Secretary's designee."

Session Laws 2013-247, s. 6, effective July 3, 2013, deleted "or the Superintendent" following "Secretary" in subsection (f).

Session Laws 2013-360, s. 9.7(n), effective July 1, 2014, rewrote subsections (a) through (d).

Session Laws 2017-157, s. 2(k), effective July 21, 2017, substituted "career employee" for "career teacher" in the middle of the first sentence in subsection (b).

§ 143B-146.9. Assessment teams.

The State Board shall develop guidelines for the Secretary to use to create assessment teams. The Secretary shall assign an assessment team to every low-performing school that has not received an assistance team. The Secretary shall ensure that assessment team members are trained in the proper administration of the employee evaluation used in the participating schools. If service on an assessment team is an additional duty for an employee of a local school administrative unit or an employee of a residential school, the Secretary may pay the employee for that additional work.

Assessment teams shall:

1. Conduct evaluations of certificated personnel in low-performing schools;
2. Provide technical assistance and training to principals who conduct evaluations of certificated personnel;
3. Develop action plans for certificated personnel; and
4. Assist principals in the development and implementation of action plans.

History

(1998-131, s. 5; 2005-195, s. 7.)

Effect of Amendments. - Session Laws 2005-195, s. 7, effective July 1, 2005, deleted "and superintendents" following "principals" in subdivisions (2) and (4).

§ 143B-146.10. Development of performance standards and criteria for certificated personnel.

The State Board, in consultation with the Secretary, shall revise and develop uniform performance standards and criteria to be used in evaluating certificated personnel, including school administrators. These standards and criteria shall include improving student achievement, employee skills, and employee knowledge. The standards and criteria for school administrators also shall include building-level gains in student learning and effectiveness in providing for school safety and enforcing student discipline. The Secretary shall develop guidelines for evaluating principals. The guidelines shall include criteria for evaluating a principal's effectiveness in providing safe schools and enforcing student discipline.

History

(1998-131, s. 5; 2005-195, s. 8.)

Effect of Amendments. - Session Laws 2005-195, s. 8, effective July 1, 2005, substituted "principal" for "superintendent" twice.

§ 143B-146.11. School calendar.

Each school shall adopt a school calendar that includes a minimum of 180 days and 1,000 hours of instruction covering at least nine calendar months. In the development of its school calendar, each school shall consult with parents, the residential school personnel, and the local school administrative unit in which that school is located.

History

(1998-131, s. 5.)

§ 143B-146.12: Repealed by Session Laws 2011-145, s. 7.13(v), effective July 1, 2011.

History

(1998-131, s. 5; 2005-195, s. 9; repealed by 2011-145, s. 7.13(v), effective July 1, 2011.)

Editor's Note. - Former G.S. 143B-146.12 pertained to the development and approval of school improvement plans.

§ 143B-146.13. School technology plan.

1. No later than December 15, 1998, the Secretary shall develop a school technology plan for the residential schools that meets the requirements of the State school technology plan. In developing a school technology plan, the Secretary is encouraged to coordinate its planning with other agencies of State and local government, including local school administrative units.
2. After a plan is approved by the State Board of Education, all funds spent for technology in the residential schools shall be used to implement the school technology plan.

The Department of Information Technology shall assist the Secretary in developing the parts of the plan related to its technological aspects, to the extent that resources are available to do so. The Department of Public Instruction shall assist the Secretary in developing the instructional and technological aspects of the plan.

The Secretary shall submit the plan that is developed to the Department of Information Technology for its evaluation of the parts of the plan related to its technological aspects and to the Department of Public Instruction for its evaluation of the instructional aspects of the plan. The State Board of Education, after consideration of the evaluations of the Department of Information Technology and the Department of Public Instruction, shall approve all plans that comply with the requirements of the State school technology plan.

History

(1998-131, s. 5; 2004-129, s. 45; 2015-241, s. 7A.4(x).)

Effect of Amendments. - Session Laws 2004-129, s. 45, effective July 1, 2004, substituted "Office of Information Technology Services" for "Information Resources Management Commission" throughout subsection (a).

Session Laws 2015-241, s. 7A.4(x), effective September 18, 2015, substituted "Department of Information Technology" for "Office of Information Technology Services" throughout subsection (a).

§ 143B-146.14. Dispute resolution; appeals to Secretary.

The Secretary shall establish a procedure for the resolution of disputes between the residential schools and the parents or guardians of students who attend the schools.

An appeal shall lie from the decision of all residential school personnel to the Secretary or the Secretary's designee. In all of these appeals it is the duty of the Secretary to see that a proper notice is given to all parties concerned and that a record of the hearing is properly entered in the records.

History

(1998-131, s. 5.)

§ 143B-146.15. Duty to report certain acts to law enforcement.

When the principal has personal knowledge or actual notice from residential school personnel or other reliable source that an act has occurred on school property involving assault resulting in serious personal injury, sexual assault, sexual offense, rape, kidnapping, indecent liberties with a minor, assault involving the use of a weapon, possession of a firearm in violation of the law, possession of a weapon in violation of the law, or possession of a controlled substance in violation of the law, the principal shall immediately report the act to the appropriate local law enforcement agency. Failure to report under this section is a Class 3 misdemeanor. For purposes of this section, "school property" shall include any building, bus, campus, grounds, recreational area, or athletic field, in the charge of the principal or while the student is under the supervision of school personnel. It is the intent of the General Assembly that the principal notify the Secretary of any report made to law enforcement under this section.

History

(1998-131, s. 5; 2005-195, s. 10; 2013-247, s. 7.)

Effect of Amendments. - Session Laws 2005-195, s. 10, effective July 1, 2005, substituted "principal" for "superintendent" throughout the section, and substituted "Superintendent" for "Secretary's designee."

Session Laws 2013-247, s. 7, effective July 3, 2013, deleted "or the Superintendent" following "Secretary" in the last sentence.

§ 143B-146.16. Residential school personnel criminal history checks.

1. As used in this section:
   1. "Criminal history" means a county, state, or federal criminal history of conviction of a crime, whether a misdemeanor or a felony, that indicates the employee (i) poses a threat to the physical safety of students or personnel, or (ii) has demonstrated that he or she does not have the integrity or honesty to fulfill his or her duties as school personnel. Such crimes include the following North Carolina crimes contained in any of the following Articles of Chapter 14 of the General Statutes: Article 5A, Endangering Executive and Legislative Officers; Article 6, Homicide; Article 7B, Rape and Other Sex Offenses; Article 8, Assaults; Article 10, Kidnapping and Abduction; Article 13, Malicious Injury or Damage by Use of Explosive or Incendiary Device or Material; Article 14, Burglary and Other Housebreakings; Article 15, Arson and Other Burnings; Article 16, Larceny; Article 17, Robbery; Article 18, Embezzlement; Article 19, False Pretense and Cheats; Article 19A, Obtaining Property or Services by False or Fraudulent Use of Credit Device or Other Means; Article 20, Frauds; Article 21, Forgery; Article 26, Offenses Against Public Morality and Decency; Article 26A, Adult Establishments; Article 27, Prostitution; Article 28, Perjury; Article 29, Bribery; Article 31, Misconduct in Public Office; Article 35, Offenses Against the Public Peace; Article 36A, Riots, Civil Disorders, and Emergencies; Article 39, Protection of Minors; and Article 60, Computer-Related Crime. Such crimes also include possession or sale of drugs in violation of the North Carolina Controlled Substances Act, Article 5 of Chapter 90 of the General Statutes, and alcohol-related offenses such as sale to underage persons in violation of G.S. 18B-302 or driving while impaired in violation of G.S. 20-138.1 through G.S. 20-138.5. In addition to the North Carolina crimes listed in this subdivision, such crimes also include similar crimes under federal law or under the laws of other states.
   2. "Residential school personnel" means any:
      1. Employee of a residential school whether full time or part time, or
      2. Independent contractor or employee of an independent contractor of a residential school, if the independent contractor carries out duties customarily performed by residential school personnel,
2. The Secretary shall require an applicant for a residential school personnel position to be checked for a criminal history before the applicant is offered an unconditional job. A residential school may employ an applicant conditionally while the Secretary is checking the person's criminal history and making a decision based on the results of the check.
3. The Department of Justice shall provide to the Secretary the criminal history from the State and National Repositories of Criminal Histories of any applicant for a residential school personnel position in a residential school. The Secretary shall require the person to be checked by the Department of Justice to (i) be fingerprinted and to provide any additional information required by the Department of Justice to a person designated by the Secretary, or to the local sheriff or the municipal police, whichever is more convenient for the person, and (ii) sign a form consenting to the check of the criminal record and to the use of fingerprints and other identifying information required by the repositories. The Secretary shall consider refusal to consent when making employment decisions and decisions with regard to independent contractors.
4. The Secretary shall review the criminal history it receives on a person. The Secretary shall determine whether the results of the review indicate that the employee (i) poses a threat to the physical safety of students or personnel, or (ii) has demonstrated that he or she does not have the integrity or honesty to fulfill his or her duties as residential school personnel and shall use the information when making employment decisions and decisions with regard to independent contractors. The Secretary shall make written findings with regard to how it used the information when making employment decisions and decisions with regard to independent contractors.
5. The Secretary shall provide to the State Board of Education the criminal history received on a person who is certificated, certified, or licensed by the State Board. The State Board shall review the criminal history and determine whether the person's certificate or license should be revoked in accordance with State laws and rules regarding revocation.
6. All the information received by the Secretary through the checking of the criminal history or by the State Board in accordance with subsection (d) of this section is privileged information and is not a public record but is for the exclusive use of the Secretary or the State Board of Education. The Secretary or the State Board of Education may destroy the information after it is used for the purposes authorized by this section after one calendar year.
7. There shall be no liability for negligence on the part of the Secretary, the Department of Health and Human Services or its employees, a residential school or its employees, or the State Board of Education, Superintendent of Public Instruction, or their members or employees, individually or collectively, arising from any act taken or omission by any of them in carrying out the provisions of this section. The immunity established by this subsection shall not extend to gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable. The immunity established by this subsection shall be deemed to have been waived to the extent of indemnification by insurance, indemnification under Articles 31A and 31B of Chapter 143 of the General Statutes, and to the extent sovereign immunity is waived under the Tort Claims Act, as set forth in Article 31 of Chapter 143 of the General Statutes.

whether paid with federal, State, local, or other funds, who has significant access to students in a residential school. Residential school personnel includes substitute teachers, driver training teachers, bus drivers, clerical staff, houseparents, and custodians.

The Secretary shall not require an applicant to pay for the criminal history check authorized under this subsection.

The Secretary shall not require an applicant to pay for being fingerprinted.

History

(1998-131, s. 5; 2012-12, s. 2(xx); 2015-181, s. 47; 2016-126, 4th Ex. Sess., s. 27.)

Editor's Note. - Session Laws 2015-181, s. 47, provides: "The Revisor of Statutes may correct statutory references, as required by this act, throughout the General Statutes. In making the changes authorized by this act, the Revisor may also adjust the order of lists of multiple statutes to maintain statutory order, correct terms, make conforming changes to catch lines and references to catch lines, and adjust subject and verb agreement and the placement of conjunctions." Pursuant to this authority, the Revisor of Statutes substituted "Article 7B, Rape and Other Sex Offenses"' for "Article 7A, Rape and Kindred Offenses" in subdivision (a)(1).

Session Laws 2015-181, s. 48, provides: "This act becomes effective December 1, 2015, and applies to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions."

Session Laws 2016-126, 4th Ex. Sess., s. 42, is a severability clause.

Effect of Amendments. - Session Laws 2012-12, s. 2(xx), effective October 1, 2012, substituted "Riots, Civil Disorders, and Emergencies" for "Riots and Civil Disorders" in subdivision (a)(1).

Session Laws 2016-126, Ex. Sess., s. 27, effective January 1, 2017, substituted "State Board of Education, the Superintendent of Public Instruction, or their members or employees, individually or collectively" for "State Board of Education or its employees" in the first sentence of subsection (g).

§§ 143B-146.17 through 143B-146.20: Reserved for future codification purposes.

§ 143B-146.21. Policies, reports, and other miscellaneous provisions.

1. The Secretary of Health and Human Services shall consult with the State Board of Education in its implementation of this act as it pertains to improving the educational programs at the residential schools. The Secretary also shall fully inform and consult with the chairs of the Appropriations Subcommittees on Education and Health and Human Services of the Senate and the House of Representatives on a regular basis as the Secretary carries out his duties under this act.
2. Repealed by Session Laws 2013-247, s. 8, effective July 3, 2013.
3. The Department of Public Instruction, the Board of Governors of The University of North Carolina, and the State Board of Community Colleges shall offer and communicate the availability of professional development opportunities to the personnel assigned to the residential schools.
4. The Secretary of Health and Human Services shall adopt policies to ensure that students of the residential schools are given priority to residing in the independent living facilities on each school's campus.
5. The Secretary of Health and Human Services, in consultation with the Office of State Human Resources, shall set the salary supplement paid to teachers, instructional support personnel, and school-based administrators who are employed in the programs operated by the Department of Health and Human Services and are licensed by the State Board of Education. The salary supplement shall be at least five percent (5%), but not more than the percentage supplement they would receive if they were employed in the local school administrative unit where the job site is located. These salary supplements shall not be paid to central office staff. Nothing in this subsection shall be construed to include "merit pay" under the term "salary supplement".

History

(1998-131, ss. 3, 10, 17; 2001-424, s. 21.81(a); 2005-276, s. 29.19(a); 2013-247, s. 8; 2013-382, s. 9.1(c).)

Editor's Note. - Session Laws 1998-131, ss. 3, 10, 17 were codified as this section at the direction of the Revisor of Statutes.

Session Laws 1998-131, s. 19, made this section effective July 1, 1998 only if funds are appropriated for the 1998-99 fiscal year to implement this act. The Revisor of Statutes has been informed that funds were appropriated.

Session Laws 2013-382, s. 9.1(b), provides: "The following entities and positions created by Chapter 126 of the General Statutes are hereby renamed by this act:

"(1) The State Personnel Commission is renamed the 'North Carolina Human Resources Commission.'

"(2) The Office of State Personnel is renamed the 'North Carolina Office of State Human Resources.'

"(3) The State Personnel Director is renamed the 'Director of the North Carolina Office of State Human Resources.'"

Session Laws 2013-382, s. 9.1(c), provides: "Modification of References. - The Revisor of Statutes shall delete any references in the General Statutes to the State Personnel Act, State Personnel Commission, the State Personnel Director, and the Office of State Personnel (or any derivatives thereof) and substitute references to the North Carolina Human Resources Act, the State Human Resources Commission, the Director of the Office of State Human Resources, and the Office of Human Resources (or the appropriate derivative thereof) to effectuate the renaming set forth in this section wherever conforming changes are necessary."

Effect of Amendments. - Session Laws 2005-276, s. 29.19(a), effective July 1, 2005, added subsection (e).

Session Laws 2013-247, s. 8, effective July 3, 2013, deleted subsection (b); and, in subsection (c), deleted "including those to improve sign language skills" following "development opportunities," "State's" following "assigned to the," and "particularly the Governor Morehead School and the Schools for the deaf" following "residential schools."

Session Laws 2013-382, s. 9.1(c), effective August 21, 2013, substituted "Office of State Human Resources" for "Office of State Personnel" in the first sentence of subsection (e).

§ 143B-146.22: Repealed by Session Laws 2001-424, s. 21.80(a), effective July 1, 2001.

§§ 143B-146.23 through 143B-146.27: Reserved for future codification purposes.

PART 4. MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES.

§ 143B-147. Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services - creation, powers and duties.

1. There is hereby created the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services of the Department of Health and Human Services with the power and duty to adopt, amend and repeal rules to be followed in the conduct of State and local mental health, developmental disabilities, substance abuse programs including education, prevention, intervention, screening, assessment, referral, detoxification, treatment, rehabilitation, continuing care, emergency services, case management, and other related services. Such rules shall be designed to promote the amelioration or elimination of the mental illness, developmental disabilities, or substance abuse problems of the citizens of this State. Rules establishing standards for certification of child care centers providing Developmental Day programs are excluded from this section and shall be adopted by the Child Care Commission under G.S. 110-88. The Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services shall have the authority:
   1. To adopt rules regarding the
      1. Admission, including the designation of regions, treatment, and professional care of individuals admitted to a facility operated under the authority of G.S. 122C-181(a), that is now or may be established;
      2. Operation of education, prevention, intervention, treatment, rehabilitation and other related services as provided by area mental health, developmental disabilities, and substance abuse authorities, county programs, and all providers of public services under Part 4 of Article 4 of Chapter 122C of the General Statutes;
      3. Hearings and appeals of area mental health, developmental disabilities, and substance abuse authorities as provided for in Part 4 of Article 4 of Chapter 122C of the General Statutes; and
   2. To adopt rules for the licensing of facilities for the mentally ill, developmentally disabled, and substance abusers, under Article 2 of Chapter 122C of the General Statutes. These rules shall include all of the following:
      1. Standards for the use of electronic supervision devices during client sleep hours for facilities licensed under 10A NCAC 27G. 1700 or any related or subsequent regulations setting licensing standards for such facilities.
      2. Personnel requirements for facilities licensed under 10A NCAC 27G. 1700, or any related or subsequent regulations setting licensing standards for such facilities, when continuous electronic supervision that meets the standards established under sub-subdivision a. of this of this subdivision is present.
   3. To advise the Secretary of the Department of Health and Human Services regarding the need for, provision and coordination of education, prevention, intervention, treatment, rehabilitation and other related services in the areas of:
      1. Mental illness and mental health,
      2. Developmental disabilities,
      3. Substance abuse.
      4. Repealed by Session Laws 2001-437, s. 1.21(a), effective July 1, 2002.
   4. To review and advise the Secretary of the Department of Health and Human Services regarding all State plans required by federal or State law and to recommend to the Secretary any changes it thinks necessary in those plans; provided, however, for the purposes of meeting State plan requirements under federal or State law, the Department of Health and Human Services is designated as the single State agency responsible for administration of plans involving mental health, developmental disabilities, and substance abuse services.
   5. To adopt rules relating to the registration and control of the manufacture, distribution, security, and dispensing of controlled substances as provided by G.S. 90-100.
   6. To adopt rules to establish the professional requirements for staff of licensed facilities for the mentally ill, developmentally disabled, and substance abusers. Such rules may require that one or more, but not all staff of a facility be either licensed or certified. If a facility has only one professional staff, such rules may require that that individual be licensed or certified. Such rules may include the recognition of professional certification boards for those professions not licensed or certified under other provisions of the General Statutes provided that the professional certification board evaluates applicants on a basis which protects the public health, safety or welfare.
   7. Except where rule making authority is assigned under that Article to the Secretary of the Department of Health and Human Services, to adopt rules to implement Article 3 of Chapter 122C of the General Statutes.
   8. To adopt rules specifying procedures for waiver of rules adopted by the Commission.
   9. To adopt rules establishing a process for non-Medicaid eligible clients to appeal to the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services of the Department of Health and Human Services decisions made by an area authority or county program affecting the client. The purpose of the appeal process is to ensure that mental health, developmental disabilities, and substance abuse services are delivered within available resources, to provide an additional level of review independent of the area authority or county program to ensure appropriate application of and compliance with applicable statutes and rules, and to provide additional opportunities for the area authority or county program to resolve the underlying complaint. Upon receipt of a written request by the non-Medicaid eligible client, the Division shall review the decision of the area authority or county program and shall advise the requesting client and the area authority or county program as to the Division's findings and the bases therefor. Notwithstanding Chapter 150B of the General Statutes, the Division's findings are not a final agency decision for purposes of that Chapter. Upon receipt of the Division's findings, the area authority or county program shall issue a final decision based on those findings. Nothing in this subdivision shall be construed to create an entitlement to mental health, developmental disabilities, and substance abuse services.
   10. The Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services shall develop and adopt rules by December 1, 2013, to require forensic evaluators appointed pursuant to G.S. 15A-1002(b) to meet the following requirements:
       1. Complete all training requirements necessary to be credentialed as a certified forensic evaluator.
       2. Attend annual continuing education seminars that provide continuing education and training in conducting forensic evaluations and screening examinations of defendants to determine capacity to proceed and in preparing written reports required by law.
2. All rules hereby adopted shall be consistent with the laws of this State and not inconsistent with the management responsibilities of the Secretary of the Department of Health and Human Services provided by this Chapter and the Executive Organization Act of 1973.
3. All rules and regulations pertaining to the delivery of services and licensing of facilities heretofore adopted by the Commission for Mental Health and Mental Retardation Services, controlled substances rules and regulations adopted by the North Carolina Drug Commission, and all rules and regulations adopted by the Commission for Mental Health, Mental Retardation and Substance Abuse Services shall remain in full force and effect unless and until repealed or superseded by action of the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services.
4. All rules adopted by the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services shall be enforced by the Department of Health and Human Services.
5. The Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services shall by December 1, 2013, adopt guidelines for treatment of individuals who are involuntarily committed following a determination of incapacity to proceed and a referral pursuant to G.S. 15A-1003. The guidelines shall require a treatment plan that uses best practices in an effort to restore the individual's capacity to proceed in the criminal matter.

d and e. Repealed by Session Laws 2001-437, s. 1.21(a), effective July 1, 2002.

f. Standards of public services for mental health, developmental disabilities, and substance abuse services.

History

(1973, ch. 476, s. 129; 1977, c. 568, ss. 2, 3; c. 679, s. 1; 1981, c. 51, s. 1; 1983, c. 718, s. 5; 1983 (Reg. Sess., 1984), c. 1110, s. 6; 1985, c. 589, ss. 47-54; 1985 (Reg. Sess., 1986), c. 863, s. 33; 1989, c. 625, s. 23; 1991, c. 309, s. 1; 1993, c. 396, s. 6; 1997-443, s. 11A.118(a); 2001-437, s. 1.21(a); 2005-276, s. 10.35(a); 2009-187, s. 1; 2009-490, s. 6; 2013-18, ss. 9, 10.)

Editor's Note. - Session Laws 2009-490, s. 4, as amended by Session Laws 2012-15, s. 2, provides: "(a) The Department of Health and Human Services, Division of Health Service Regulation shall establish a pilot program to study the use of electronic supervision devices as an alternative means of supervision during sleep hours at facilities for children and adolescents who have a primary diagnosis of mental illness and/r emotional disturbance. The pilot program shall be implemented at a facility currently authorized to waive the requirement set forth in 10A NCAC 27G.1704(c) or any related or subsequent rule or regulation by the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services setting minimum overnight staffing requirements. The waiver shall remain in effect until December 31, 2015; however, the Division reserves the right to rescind the waiver if, at the time of the facility's license renewal, there are outstanding deficiencies that have remained uncorrected upon follow-up survey, that are related to electronic supervision."

Session Laws 2009-490, s. 5, provides: "The Department of Health and Human Services shall report on the implementation of the pilot program described in Section 4 of this act, including any findings and recommendations to the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Fiscal Research Division not later than April 10, 2010."

Session Laws 2013-18, ss. 9, 10, effective April 3, 2013, were codified as subdivision (a)(10) and subsection (e), respectively, at the direction of the Revisor of Statutes.

Session Laws 2015-264, s. 91.4, provides: "(a) Notwithstanding any other provision of law, the pilot program established by the Department of Health and Human Services, Division of Health Service Regulation, to study the use of electronic supervision devices as an alternative means of supervision during sleep hours at facilities for children and adolescents who have a primary diagnosis of mental illness and/r emotional disturbance shall remain in effect and shall extend to facilities that are authorized to provide services in accordance with Section .1700 of the North Carolina Administrative Code, Residential Treatment Staff Secure for Children or Adolescents, currently owned or operated with the facility currently authorized to waive the requirement set forth in 10A NCAC 27G.1704(c) or any related or subsequent rule or regulation by the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services setting minimum overnight staffing requirements. The waiver for these facilities shall remain in effect; however, the Division reserves the right to rescind the waiver if, at the time of the facility's license renewal, there are outstanding deficiencies that have remained uncorrected upon follow-up surveys that are related to electronic supervision.

"(b) This section expires on June 30, 2016."

Session Laws 2017-57, s. 11F.1(a), effective July 1, 2017, rewrote the Part 4 heading, which formerly read "Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services."

Effect of Amendments. - Session Laws 2005-276, s. 10.35(a), effective July 1, 2005, added subdivision (a)(9).

Session Laws 2009-187, s. 1, effective January 1, 2010, added the next-to-last sentence in the introductory language of subsection (a).

Session Laws 2009-490, s. 6, effective August 26, 2009, added "These rules shall include all of the following:" at the end of the introductory language of subdivision (a)(2); and added subdivisions (a)(2)a and (a)(2)b.

Legal Periodicals. - For note, "Double Secret Protection: Bridging Federal and State Law to Protect Privacy Rights for Telemental and Mobile Health Users," see 67 Duke L.J. 1115 (2018).

For note, "Competency, Counsel, and Criminal Defendants' Inability to Participate," see 67 Duke L.J. 1219 (2018).

For article, "About a Revolution: Toward Integrated Treatment in Drug and Mental Health Courts," see 97 N.C.L. Rev. 355 (2019).

§ 143B-148. Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services - members; selection; quorum; compensation.

1. The Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services of the Department of Health and Human Services shall consist of 32 members, as follows:
   1. Eight shall be appointed by the General Assembly, four upon the recommendation of the Speaker of the House of Representatives, and four upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121. In recommending appointments under this section, the Speaker of the House of Representatives and the President Pro Tempore of the Senate shall give consideration to ensuring a balance of appointments that represent those who may have knowledge and expertise in adult issues and those who may have knowledge and expertise in children's issues. Of the four appointments recommended by the President Pro Tempore of the Senate, one shall be an attorney licensed in this State with preference given to an attorney with experience in the practice of administrative law, one shall be a physician licensed to practice medicine in North Carolina, with preference given to a psychiatrist, and two shall be members of the public. Of the four appointments recommended by the Speaker of the House of Representatives, one shall be an attorney licensed in this State with preference given to an attorney with experience in the practice of mental health law, one shall be a physician licensed to practice medicine in North Carolina who has expertise and experience in the field of developmental disabilities, or a professional holding a Ph.D. with experience in the field of developmental disabilities, and two shall be members of the public. Vacancies in appointments made by the General Assembly shall be filled in accordance with G.S. 120-122.
   2. Twenty-four shall be appointed by the Governor, one from each congressional district in the State in accordance with G.S. 147-12(3)b, and the remainder at-large members.
      1. Three professionals licensed or certified under Chapter 90 or Chapter 90B of the General Statutes who are practicing, teaching, or conducting research in the field of mental health.
      2. Four consumers or immediate family members of consumers of mental health services. Of these four, at least one shall be a consumer and at least one shall be an immediate family member of a consumer. No more than two of the consumers or immediate family members shall be selected from nominations submitted by the Coalition 2001 or its successor organization.
      3. Two professionals licensed or certified under Chapter 90 or Chapter 90B of the General Statutes who are practicing, teaching, or conducting research in the field of developmental disabilities, and one individual who is a "qualified professional" as that term is defined in G.S. 122C-3(31) who has experience in the field of developmental disabilities.
      4. Four consumers or immediate family members of consumers of developmental disabilities services. Of these four, at least one shall be a consumer and at least one shall be an immediate family member of a consumer. No more than two of the consumers or immediate family members shall be selected from nominations submitted by the Coalition 2001 or its successor organization.
      5. Two professionals licensed or certified under Chapter 90 of the General Statutes who are practicing, teaching, or conducting research in the field of substance abuse, and one professional who is a certified prevention specialist or who specializes in the area of addiction education.
      6. An individual knowledgeable and experienced in the field of controlled substances regulation and enforcement. The controlled substances appointee shall be selected from recommendations made by the Attorney General of North Carolina.
      7. A physician licensed to practice medicine in North Carolina who has expertise and experience in the field of substance abuse with preference given to a physician that is certified by the American Society of Addiction Medicine (ASAM).
      8. Four consumers or immediate family members of consumers of substance abuse services. Of these four, at least one shall be a consumer and at least one shall be an immediate family member of a consumer. No more than two of the consumers or immediate family members shall be selected from nominations submitted by the Coalition 2001 or its successor organization.
      9. An attorney licensed in this State. The appointments of professionals licensed or certified under Chapter 90 or Chapter 90B of the General Statutes made in accordance with this subdivision, and physicians appointed in accordance with subdivision (1) of this subsection shall be selected from nominations submitted to the appointing authority by the respective professional associations.
   3. The terms of all Commission members shall be three years. All Commission members shall serve their designated terms and until their successors are duly appointed and qualified. All Commission members may succeed themselves. A member appointed on and after July 1, 2002, shall not serve more than two consecutive terms.
   4. All appointments shall be made pursuant to current federal rules and regulations, when not inconsistent with State law, which prescribe the selection process and demographic characteristics as a necessary condition to the receipt of federal aid.
2. Except as otherwise provided in this section, the provisions of G.S. 143B-13 through 143B-20 relating to appointment, qualifications, terms and removal of members shall apply to all members of the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services.
3. Commission members shall receive per diem, travel and subsistence allowances in accordance with G.S. 138-5 and G.S. 138-6, as appropriate.
4. A majority of the Commission shall constitute a quorum for the transaction of business.
5. All clerical and other services required by the Commission shall be supplied by the Secretary of the Department of Health and Human Services. To ensure effective and efficient coordination of rules and policies adopted by the Commission and the Secretary, the Secretary shall assign an individual who is knowledgeable about and experienced in the rule-making processes of the Commission and the Secretary and in the fields of mental health, developmental disabilities, and substance abuse to assist the Commission in carrying out its duties and responsibilities.

The Governor's appointees shall represent the following categories of appointment:

History

(1973, c. 476, s. 130; 1977, c. 679, s. 2; 1981, c. 51, s. 1; 1981 (Reg. Sess., 1982), c. 1191, ss. 55.1 through 57; 1989, c. 625, s. 23; 1991 (Reg. Sess., 1992), c. 1038, s. 17; 1995, c. 490, s. 34; 1997-443, s. 11A.118(a); 2001-437, s. 1.21(b); 2001-486, s. 2.13; 2001-487, s. 90.5; 2002-61, s. 1; 2007-504, s. 2.5(a).)

Editor's Note. - Section 143B-20, referred to in this section, was repealed by Session Laws 1991, c. 418, s. 10. As to rule making, see now G.S. 150B-18 et seq.

Effect of Amendments. - Session Laws 2007-504, s. 2.5, applicable to appointments made on and after October 1, 2007, substituted "32" for "30" in the introductory language of subsection (a); in subdivision (a)(1), substituted "Eight" for "Six" at the beginning, substituted "four" for "three" four times, inserted "one shall be an attorney licensed in this State with preference given to an attorney with experience in the practice of administrative law" and inserted "one shall be an attorney licensed in this State with preference given to an attorney with experience in the practice of mental health law"; substituted "An attorney licensed in this State" for "A licensed attorney" in subdivision (a)(2)i.; deleted "appointed or reappointed on or after July 1, 2002" in subdivision (a)(2a).

§ 143B-149. Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services - officers.

The Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services shall have a chairman and a vice-chairman. The chairman shall be designated by the Governor from among the members and shall serve as chairman at his pleasure. The vice-chairman shall be elected by and from the members of the Commission and shall serve for a term of two years or until the expiration of his regularly appointed term.

History

(1973, c. 476, s. 131; 1977, c. 679, s. 3; 1981, c. 51, s. 1; 1989, c. 625, s. 23.)

§ 143B-150. Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services - regular and special meetings.

The Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services shall meet at least once in each quarter and may hold special meetings at any time and place within the State at the call of the chairman or upon the written request of at least eight members.

History

(1973, c. 476, s. 132; 1977, c. 679, s. 4; 1981, c. 51, s. 1; 1989, c. 625, s. 23.)

§ 143B-150.1. Use of funds for North Carolina Child Treatment Program.

1. State funds appropriated to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, for the North Carolina Child Treatment Program shall be used exclusively for the following purposes:
   1. To continue to provide clinical training and coaching to licensed clinicians on an array of evidence-based treatments and to provide a statewide platform to assure accountability and measurable outcomes.
   2. To maintain and manage a public roster of program graduates, linking high-quality clinicians with children, families, and professionals.
   3. To partner with leadership within the State, local management entities/managed care organizations as defined in G.S. 122C-3, and the private sector to bring effective mental health treatment to children in juvenile justice and mental health facilities.
2. All data, including any entered or stored in the State-funded secure database developed for the North Carolina Child Treatment Program to track individual-level and aggregate-level data with interface capability to work with existing networks within State agencies, is and remains the sole property of the State.

History

(2017-57, s. 11F.1(b).)

§§ 143B-150.2 through 143B-150.4: Reserved for future codification purposes.

PART 4A. FAMILY PRESERVATION ACT.

§ 143B-150.5. Family Preservation Services Program established; purpose.

1. There is established the Family Preservation Services Program of the Department of Health and Human Services. To the extent that funds are made available, locally-based family preservation services shall be available to all 100 counties. The Secretary of the Department of Health and Human Services shall be responsible for the development and implementation of the Family Preservation Services Program as established in this Part.
2. The purpose of the Family Preservation Services Program is, where feasible and in the best interests of the child and the family, to keep the family unit intact by providing intensive family-centered services that help create, within the family, positive, long-term changes in the home environment.
3. Family preservation services shall be financed in part through grants to local agencies for the development and implementation of locally-based family preservation services. Grants to local agencies shall be made in accordance with the provisions of G.S. 143B-150.6.
4. The Secretary of the Department of Health and Human Services shall ensure the cooperation of the Division of Social Services, the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, and the Division of Health Benefits, in carrying out the provisions of this Part.

History

(1991, c. 743, s. 1; 1997-443, s. 11A.118(a); 2000-137, s. 4(z); 2001-424, s. 21.50(f); 2019-81, s. 15(a).)

Statewide Implementation of Intensive Family Preservation Services Program. - Session Laws 2009-451, s. 10.44, provides: "(a) Notwithstanding the provisions of G.S. 143B-150.6, the Intensive Family Preservation Services (IFPS) Program shall provide intensive services to children and families in cases of abuse, neglect, and dependency where a child is at imminent risk of removal from the home and to children and families in cases of abuse where a child is not at imminent risk of removal. The Program shall be developed and implemented statewide on a regional basis. The IFPS shall ensure the application of standardized assessment criteria for determining imminent risk and clear criteria for determining out-of-home placement.

"(b) The Department of Health and Human Services shall require that any program or entity that receives State, federal, or other funding for the purpose of Intensive Family Preservation Services shall provide information and data that allows for:

"(1) An established follow-up system with a minimum of six months of follow-up services.

"(2) Detailed information on the specific interventions applied, including utilization indicators and performance measurement.

"(3) Cost-benefit data.

"(4) Data on long-term benefits associated with Intensive Family Preservation Services. This data shall be obtained by tracking families through the intervention process.

"(5) The number of families remaining intact and the associated interventions while in IFPS and 12 months thereafter.

"(6) The number and percentage by race of children who received Intensive Family Preservation Services compared to the ratio of their distribution in the general population involved with Child Protective Services.

"(c) The Department shall establish performance-based funding protocol and shall only provide funding to those programs and entities providing the required information specified in subsection (b) of this section. The amount of funding shall be based on the individual performance of each program."

For prior similar provisions, see Session Laws 2001-424, s. 21.50(a)-(e), Session Laws 2003-284, s. 10.48(a)-(e), and Session Laws 2007-323, s. 10.33(a)-(d).

Child Protective Services Improvement Initiative. - Session Laws 2014-100, s. 12C.1(a)-(g), provides: "(a) Findings and Intent. - The General Assembly makes the following findings:

"(1) Child Protective Services' policy from the Department of Health and Human Services, Division of Social Services, recommends that the average child protective services caseload be no greater than 10 families at any time for workers performing child protective services assessments and 10 families at any time for staff providing in-home services. However, data suggests that in 43 of the counties in this State, 21 have a caseload size of more than 15 cases per worker; and further, in nine of those 21 counties, there is an average caseload size of more than 20 cases per worker.

"(2) During the 2013-2014 fiscal year, county departments of social services lost federal funding for child protective services under the Temporary Assistance for Needy Families (TANF) Block Grant and Title IV-E funding. However, the number of Child Protective Services investigations has grown by twenty percent (20%) from fiscal year 2002 to fiscal year 2012.

"(3) There is no current, statewide data available on the performance of county departments of social services regarding child protective services.

"(4) There exists the potential for a conflict of interest to arise when a county department of social services has been appointed as guardian for both (i) a child who is the subject of a report of abuse, neglect, or dependency that would be investigated by Child Protective Services and (ii) for the parent or legal guardian of the child.

"It is the intent of the General Assembly to (i) reduce caseload size for Child Protective Services' workers to the recommended standard, (ii) provide adequate resources for county departments of social services to provide child protective services for abused, neglected, and dependent children, (iii) provide for a comprehensive evaluation of various functions and funding regarding child protective services, and (iv) study ways to reduce conflicts of interest regarding guardianship and child protective services. To that end, the General Assembly supports the initiatives and the allocation of funds for child welfare services as described in this section.

"(b) Funds for Child Protective Services. - Of the funds appropriated in this act to the Department of Health and Human Services, Division of Social Services, the sum of seven million three hundred sixty-nine thousand nine hundred seventy dollars ($7,369,970) shall be allocated to county departments of social services. Four million five hundred thousand dollars ($4,500,000) of those funds shall be used to replace federal funds counties lost during the 2013-2014 fiscal year previously used to pay for child protective services' workers. Beginning October 1, 2014, the remaining two million eight hundred sixty-nine thousand nine hundred seventy dollars ($2,869,970) shall be used to provide additional funding for child protective services' workers to reduce caseloads to an average of 10 families per worker.

"(c) Funds for In-Home Services. - Of the funds appropriated in this act to the Department of Health and Human Services, Division of Social Services, the sum of four million five hundred thousand dollars ($4,500,000) shall be allocated for child welfare in-home services to provide and coordinate interventions and services that focus on child safety and protection, family preservation, and the prevention of further abuse or neglect.

"(d) Funds for Oversight of Child Welfare Services. - Of the funds appropriated in this act to the Department of Health and Human Services, Division of Social Services, the sum of seven hundred fifty thousand dollars ($750,000) shall be allocated to fund nine positions to the Division to enhance oversight of child welfare services in county departments of social services. These positions shall be used to monitor, train, and provide technical assistance to the county departments of social services to ensure children and families are provided services that address the safety, permanency, and well-being of children served by child welfare services.

"(e) Pilot Program. - Of the funds appropriated in this act to the Department of Health and Human Services, Division of Social Services, the sum of three hundred thousand dollars ($300,000) shall be used to establish and implement a child protective services pilot program. The funds shall be used to enhance coordination of services and information among county departments of social services, local law enforcement agencies, the court system, guardian ad litem programs, and other agencies as deemed appropriate by the Department. The Department shall determine the number of sites that may participate in the pilot program and include regions that are geographically diverse.

"The Division shall coordinate with the Government Data Analytics Center (GDAC) in developing the pilot program and commence the pilot program by December 1, 2014. The Division shall provide a progress report on the pilot program to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division no later than March 1, 2015. The Division shall make a final report of its findings and recommendations on the pilot program to the Joint Legislative Oversight Committee on Health and Human Services no later than March 1, 2016.

"(f) Statewide Evaluation. - Of the funds appropriated in this act to the Department of Health and Human Services, Division of Social Services, the sum of seven hundred thousand dollars ($700,000) shall be used to provide for a comprehensive, statewide evaluation of the State's child protective services system. The Division of Social Services shall contract for an independent evaluation of the system, which evaluation shall include developing recommendations on the following:

"(1) The performance of county departments of social services as related to child protective services.

"(2) Caseload sizes.

"(3) The administrative structure of the child protective services system in the State.

"(4) Adequacy of funding.

"(5) Child protective services' worker turnover.

"(6) Monitoring and oversight of county departments of social services.

"The Division shall report the findings and recommendations from the evaluation to the Joint Legislative Oversight Committee on Health and Human Services no later than January 1, 2016.

"(g) Study Conflicts of Interest/Public Guardianship and Child Protective Services. - The Department of Health and Human Services, Division of Social Services, shall study the issue of conflicts of interest in child welfare cases as related to public guardianship. In conducting the study, the Department shall consider the following regarding addressing potential conflicts of interest:

"(1) Creating internal firewalls to prevent information sharing and influence among staff members involved with the conflicting cases.

"(2) Creating a formal or an informal "buddy system" allowing a county with a conflict to refer a case to a neighboring county.

"(3) Referring the guardianship to a corporate guardian until the child welfare case is resolved.

"(4) Having the Department assume responsibility for either the guardianship or the child welfare case.

"(5) Recommending legislation to permit the clerk the option to appoint a public agency or official, other than the Director of Social Services, to serve as a disinterested public agent in exceptional circumstances only.

"(6) Any other issues specific to this matter the Department deems appropriate.

"The Division shall submit a final report of its findings and recommendations to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division no later than February 1, 2015."

Session Laws 2015-241, s. 12C.8, provides: "The Department of Health and Human Services, Division of Social Services, shall report on the findings and recommendations from the comprehensive, statewide evaluation of the State's child protective services system required by Section 12C.1(f) of S.L. 2014-100 to the Joint Legislative Oversight Committee on Health and Human Services on or before March 1, 2016."

Session Laws 2015-241, s. 12C.11(a), (b), provides: "(a) The Department of Health and Human Services, Division of Social Services, shall continue implementing the Child Protective Services Pilot Project established by Section 12C.1(e) of S.L. 2014-100. The Division shall continue to collaborate with the Government Data Analytics Center (GDAC) to enhance the Pilot Project by doing the following:

"(1) Developing a dashboard linking the family to the child.

"(2) Integrating additional Department of Health and Human Services and other State department data sources to build a more comprehensive view of the child and family, including (i) matching the child to the caretaker; (ii) linking child, family, and address information; and (iii) integrating Criminal Justice Law Enforcement Automated Data Services (CJLEADS) data to determine if the caretaker or someone living in the house is a sex offender or has a criminal history.

"(3) Developing a comprehensive profile of a child that includes demographic and caretaker information and indicators or flags of other services, including, but not limited to, prior assessments of the child, eligibility for food and nutrition programs, Medicaid, and subsidized child care.

"(b) The Division of Social Services shall interface the work product from the Child Protective Services Pilot Project with the statewide child welfare case management system operated by the Department of Health and Human Services by utilizing resources and subject matter expertise available through existing public-private partnerships within the GDAC for the purposes of analyzing risk and improving outcomes for children. The Division of Social Services shall submit its findings and recommendations in a final report on the Child Protective Services Pilot Project to the Joint Legislative Oversight Committee on Health and Human Services no later than March 1, 2016."

Editor's Note. - Session Laws 1991, c. 743, which enacted this Part, in s. 2 provides: "Section 1 of this act becomes effective October 1, 1991, if and only if specific funds are appropriated for the implementation of the Committee established in Section 1 of this act. Funds appropriated for the 1991-92 fiscal year or for any fiscal year in the future do not constitute an entitlement to services beyond those provided for that fiscal year. Nothing in this act creates any right except to the extent funds are appropriated by the State to implement its provisions from year to year and nothing in this act obligates the General Assembly or any County Government to appropriate funds to implement its provisions." The necessary funds were appropriated in 1991.

Session Laws 2009-451, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2009'."

Session Laws 2009-451, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2009-2011 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2009-2011 fiscal biennium."

Session Laws 2009-451, s. 28.5, is a severability clause.

Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'"

Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year."

Session Laws 2014-100, s. 38.7, is a severability clause.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2019-81, s. 15(a), effective July 1, 2019, substituted "Division of Health Benefits" for "Division of Medical Assistance" in subsection (d).

§ 143B-150.6. Program services; eligibility; grants for local projects; fund transfers.

1. Services: Services to be provided under the Family Preservation Services Program shall include but are not limited to: family assessment, intensive family and individual counseling, client advocacy, case management, development and enhancement of parenting skills, and referral for other services as appropriate.
2. Eligibility: Families eligible for services under the Family Preservation Services Program are those with children ages 0-17 years who are at risk of imminent separation through placement in public welfare, mental health, or juvenile justice systems.
3. Service Delivery: Services delivered to eligible families under the Family Preservation Services Program shall be provided in accordance with the following requirements:
   1. Each eligible family shall receive intensive family preservation services, beginning with identification of an imminent risk of out-of-home placement for an average of four weeks but not more than six weeks;
   2. At least one-half of a caseworker's time spent providing family preservation services to each eligible family shall be provided in the family's home and community;
   3. Family preservation caseworkers shall be available to each eligible family by telephone and on call for visits 24 hours a day, seven days a week.
   4. Each family preservation caseworker shall provide services to a maximum of four families at any given time.
4. Grants for local projects: The Secretary of the Department of Health and Human Services shall award grants to local agencies for the development and implementation of locally-based family preservation services projects. The number of grants awarded and the level of funding of each grant for each fiscal year shall be contingent upon and determined by funds appropriated for that purpose by the General Assembly.
5. Inter-agency fund transfers: The Department may allow the Division of Social Services and the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, to use funds available to each Division to support family preservation services provided by the Division under the Program; provided that such use does not violate federal regulations pertaining to, or otherwise jeopardize the availability of federal funds.

History

(1991, c. 743, s. 1; 1997-443, s. 11A.118(a); 1999-423, s. 9; 2001-424, s. 21.50(g).)

Intensive Family Preservation Services Funding and Performance Enhancements. - Session Laws 2017-57, s. 11C.2(a)-(c), provides: "(a) Notwithstanding the provisions of G.S. 143B-150.6, the Intensive Family Preservation Services (IFPS) Program shall provide intensive services to children and families in cases of abuse, neglect, and dependency where a child is at imminent risk of removal from the home and to children and families in cases of abuse where a child is not at imminent risk of removal. The Program shall be developed and implemented statewide on a regional basis. The IFPS shall ensure the application of standardized assessment criteria for determining imminent risk and clear criteria for determining out-of-home placement.

"(b) The Department of Health and Human Services shall require that any program or entity that receives State, federal, or other funding for the purpose of IFPS shall provide information and data that allows for the following:

"(1) An established follow-up system with a minimum of six months of follow-up services.

"(2) Detailed information on the specific interventions applied, including utilization indicators and performance measurement.

"(3) Cost-benefit data.

"(4) Data on long-term benefits associated with IFPS. This data shall be obtained by tracking families through the intervention process.

"(5) The number of families remaining intact and the associated interventions while in IFPS and 12 months thereafter.

"(6) The number and percentage, by race, of children who received IFPS compared to the ratio of their distribution in the general population involved with Child Protective Services."

"(c) The Department shall establish a performance-based funding protocol and shall only provide funding to those programs and entities providing the required information specified in subsection (b) of this section. The amount of funding shall be based on the individual performance of each program."

For prior similar provisions, see Session Laws 2005-276, s. 10.51A(a)-(d); Session Laws 2011-145, s. 10.50(a)-(c); and Session Laws 2015-241, s. 12C.2.

Statewide Implementation of Intensive Family Preservation Services Program. - Session Laws 2009-451, s. 10.44, provides: "(a) Notwithstanding the provisions of G.S. 143B-150.6, the Intensive Family Preservation Services (IFPS) Program shall provide intensive services to children and families in cases of abuse, neglect, and dependency where a child is at imminent risk of removal from the home and to children and families in cases of abuse where a child is not at imminent risk of removal. The Program shall be developed and implemented statewide on a regional basis. The IFPS shall ensure the application of standardized assessment criteria for determining imminent risk and clear criteria for determining out-of-home placement.

"(b) The Department of Health and Human Services shall require that any program or entity that receives State, federal, or other funding for the purpose of Intensive Family Preservation Services shall provide information and data that allows for:

"(1) An established follow-up system with a minimum of six months of follow-up services.

"(2) Detailed information on the specific interventions applied, including utilization indicators and performance measurement.

"(3) Cost-benefit data.

"(4) Data on long-term benefits associated with Intensive Family Preservation Services. This data shall be obtained by tracking families through the intervention process.

"(5) The number of families remaining intact and the associated interventions while in IFPS and 12 months thereafter.

"(6) The number and percentage by race of children who received Intensive Family Preservation Services compared to the ratio of their distribution in the general population involved with Child Protective Services.

"(c) The Department shall establish performance-based funding protocol and shall only provide funding to those programs and entities providing the required information specified in subsection (b) of this section. The amount of funding shall be based on the individual performance of each program."

For prior similar provisions, see Session Laws 2001-424, s. 21.50(a)-(e), Session Laws 2003-284, s. 10.48(a)-(e), and Session Laws 2007-323, s. 10.33(a)-(d).

Editor's Note. - Session Laws 2009-451, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2009'."

Session Laws 2009-451, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2009-2011 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2009-2011 fiscal biennium."

Session Laws 2009-451, s. 28.5, is a severability clause.

Session Laws 2013-360, s. 12C.2(a)-(c), provides: "(a) Notwithstanding the provisions of G.S. 143B-150.6, the Intensive Family Preservation Services (IFPS) Program shall provide intensive services to children and families in cases of abuse, neglect, and dependency where a child is at imminent risk of removal from the home and to children and families in cases of abuse where a child is not at imminent risk of removal. The Program shall be developed and implemented statewide on a regional basis. The IFPS shall ensure the application of standardized assessment criteria for determining imminent risk and clear criteria for determining out-of-home placement.

"(b) The Department of Health and Human Services shall require that any program or entity that receives State, federal, or other funding for the purpose of IFPS shall provide information and data that allows for the following:

"(1) An established follow-up system with a minimum of six months of follow-up services.

"(2) Detailed information on the specific interventions applied, including utilization indicators and performance measurement.

"(3) Cost-benefit data.

"(4) Data on long-term benefits associated with IFPS. This data shall be obtained by tracking families through the intervention process.

"(5) The number of families remaining intact and the associated interventions while in IFPS and 12 months thereafter.

"(6) The number and percentage, by race, of children who received IFPS compared to the ratio of their distribution in the general population involved with Child Protective Services.

"(c) The Department shall establish a performance-based funding protocol and shall only provide funding to those programs and entities providing the required information specified in subsection (b) of this section. The amount of funding shall be based on the individual performance of each program."

Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'"

Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium."

Session Laws 2013-360, s. 38.5, is a severability clause.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'"

Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium."

Session Laws 2017-57, s. 39.6, is a severability clause.

§§ 143B-150.7 through 143B-150.9: Repealed by Session Laws 2001-424, ss. 21.50(h) to (j), effective July 1, 2001.

§§ 143B-150.10 through 143B-150.19: Reserved for future codification purposes.

PART 4B. STATE CHILD FATALITY REVIEW TEAM.

§ 143B-150.20. State Child Fatality Review Team; establishment; purpose; powers; duties; report by Division of Social Services.

1. There is established in the Department of Health and Human Services, Division of Social Services, a State Child Fatality Review Team to conduct in-depth reviews of any child fatalities which have occurred involving children and families involved with local departments of social services child protective services in the 12 months preceding the fatality. Steps in this in-depth review shall include interviews with any individuals determined to have pertinent information as well as examination of any written materials containing pertinent information.
2. The purpose of these reviews shall be to implement a team approach to identifying factors which may have contributed to conditions leading to the fatality and to develop recommendations for improving coordination between local and State entities which might have avoided the threat of injury or fatality and to identify appropriate remedies. The Division of Social Services shall make public the findings and recommendations developed for each fatality reviewed relating to improving coordination between local and State entities. These findings shall not be admissible as evidence in any civil or administrative proceedings against individuals or entities that participate in child fatality reviews conducted pursuant to this section. The State Child Fatality Review Team shall consult with the appropriate district attorney in accordance with G.S. 7B-2902(d) prior to the public release of the findings and recommendations.
3. The State Child Fatality Review Team shall include representatives of the local departments of social services and the Division of Social Services, a member of the local Community Child Protection Team, a member of the local child fatality prevention team, a representative from local law enforcement, a prevention specialist, and a medical professional.
4. The State Child Fatality Review Team shall have access to all medical records, hospital records, and records maintained by this State, any county, or any local agency as necessary to carry out the purposes of this subsection, including police investigative data, medical examiner investigative data, health records, mental health records, and social services records. The State Child Fatality Review Team may receive a copy of any reviewed materials necessary to the conduct of the fatality review. Any member of the State Child Fatality Review Team may share, only in an official meeting of the State Child Fatality Review Team, any information available to that member that the State Child Fatality Review Team needs to carry out its duties.
5. Meetings of the State Child Fatality Review Team are not subject to the provisions of Article 33C of Chapter 143 of the General Statutes. However, the State Child Fatality Review Team may hold periodic public meetings to discuss, in a general manner not revealing confidential information about children and families, the findings of their reviews and their recommendations for preventive actions. Minutes of all public meetings, excluding those of closed sessions, shall be kept in compliance with Article 33C of Chapter 143 of the General Statutes. Any minutes or any other information generated during any executive session shall be sealed from public inspection.
6. All otherwise confidential information and records acquired by the State Child Fatality Review Team, in the exercise of its duties are confidential; are not subject to discovery or introduction into evidence in any proceedings except pursuant to an order of the court; and may only be disclosed as necessary to carry out the purposes of the State Child Fatality Review Team. In addition, all otherwise confidential information and records created by the State Child Fatality Review Team in the exercise of its duties are confidential; are not subject to discovery or introduction into evidence in any proceedings; and may only be disclosed as necessary to carry out the purposes of the State Child Fatality Review Team. No member of the State Child Fatality Review Team, nor any person who attends a meeting of the State Child Fatality Review Team, may testify in any proceeding about what transpired at the meeting, about information presented at the meeting, or about opinions formed by the person as a result of the meetings. This subsection shall not, however, prohibit a person from testifying in a civil or criminal action about matters within that person's independent knowledge.
7. Each member of the State Child Fatality Review Team and invited participant shall sign a statement indicating an understanding of and adherence to confidentiality requirements, including the possible civil or criminal consequences of any breach of confidentiality.
8. Repealed by Session Laws 2013-360, s. 12A.8(f), effective July 1, 2013.

If the State Child Fatality Review Team does not receive information requested under this subsection within 30 days after making the request, the State Child Fatality Review Team may apply for an order compelling disclosure. The application shall state the factors supporting the need for an order compelling disclosure. The State Child Fatality Review Team shall file the application in the district court of the county where the investigation is being conducted, and the court shall have jurisdiction to issue any orders compelling disclosure. Actions brought under this section shall be scheduled for immediate hearing, and subsequent proceedings in these actions shall be given priority by the appellate courts.

History

(1998-202, s. 13(oo); 1998-212, s. 12.22(e); 1999-190, s. 4; 2000-67, s. 11.14(a); 2003-304, s. 6; 2013-360, s. 12A.8(f).)

Editor's Note. - The subsection designations were added at the direction of the Revisor of Statutes. In addition, the Revisor directed the codification of Session Laws 2000-67, s. 11.14(a) as subsection (h).

Effect of Amendments. - Session Laws 2013-360, s. 12A.8(f), effective July 1, 2013, repealed subsection (h).

PART 5. EUGENICS COMMISSION.

§§ 143B-151, 143B-152: Repealed by Session Laws 1977, c. 497.

PART 5A. S.O.S. PROGRAM.

§§ 143B-152.1 through 143B-152.7: Repealed by Session Laws 2009-451, s. 18.6, as amended by Session Laws 2010-123, s. 6.2, effective July 1, 2009.

History

(1994, Ex. Sess., c. 24, s. 30(a), and amended by Session Laws 1997-443, ss. 8.29(m), (n), 11A.118(a); 1998-202, s. 4(x); 2000-137, s. 4(bb); 2001-424, s. 24.1(b); 2008-107, s. 16.2; repealed by Session Laws 2009-451, s. 18.6, as amended by Session Laws 2010-123, s. 6.2, effective July 1, 2009.)

Editor's Note. - Former G.S. 143B-152.1 through G.S. 143B-152.7 pertained to the Support Our Students (S.O.S.) Program.

Session Laws 2009-451, s. 18.6, as amended by Session Laws 2010-123, s. 6.2, provides: "Part 5A of Article 3 of Chapter 143B of the General Statutes is repealed. Notwithstanding the provisions of G.S. 143-341, or any other law to the contrary, any equipment or vehicles that were bought by a nonprofit organization under a grant issued to the nonprofit organization, from the grants funds provided by the Support Our Students program, shall remain the sole property of the local nonprofit organization for the continued use of the equipment or vehicle under the same conditions required by the grant when it was awarded by the Support Our Students program."

Session Laws 2009-451, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2009'."

Session Laws 2009-451, s. 28.5, is a severability clause.

§§ 143B-152.8, 143B-152.9: Reserved for future codification purposes.

PART 5B. FAMILY RESOURCE CENTER GRANT PROGRAM.

§ 143B-152.10. Family Resource Center Grant Program; creation; purpose; intent.

1. There is created in the Department of Health and Human Services the Family Resource Center Grant Program. The purpose of the program is to provide grants to implement family support programs that are research-based and have been evaluated for effectiveness that provide services to children from birth through 17 years of age and to their families that:
   1. Enhance the children's development and ability to attain academic and social success;
   2. Prevent child abuse and neglect by implementing program models that have been evaluated and found to improve outcomes for children and families;
   3. Ensure a successful transition from early childhood education programs and child care to the public schools;
   4. Assist families in achieving economic independence and self-sufficiency; and
   5. Mobilize public and private community resources to help children and families in need.
2. It is the intent of the General Assembly to encourage and support broad-based collaboration among public and private agencies and among people who reflect the racial and socioeconomic diversity in communities to develop initiatives that (i) improve outcomes for children by preventing child abuse and neglect, (ii) enhance and strengthen the ability of families to ensure the safety, health, and well-being of their children, (iii) enhance the ability of families to become advocates for and supporters of the children in their families, and (iv) enhance the ability of families to function as nurturing and effective family units.
3. It is further the intent of the General Assembly that this program shall be targeted to those neighborhoods that have disproportionately high levels of (i) children who would be less likely to attain educational or social success, (ii) families with low incomes, and (iii) crime and juvenile delinquency.

History

(1994, Ex. Sess., c. 24, s. 31(a); 1997-443, s. 11A.118(a); 2007-130, s. 1.)

Effect of Amendments. - Session Laws 2007-130, s. 1, effective June 27, 2007, in subsection (a), in the introductory paragraph, substituted "implement family support progams that are research-based and have been evaluated for effectiveness" for "establish family resource centers" and substituted "17 years of age" for "elementary school age"; added subdivision (a)(1a); and substituted the present provisions of subsection (b) for the former provisions which read: "It is the intent of the General Assembly to encourage and support broad-based collaboration among public and private agencies and among people who reflect the racial and socioeconomic diversity in communities to develop initiatives that (i) prepare children to learn effectively and to have a successful school experience, (ii) enhance the ability of families to become advocates for and supporters of education for the children in their families, and (iii) enhance the ability of families to function as nurturing and effective family units."

§ 143B-152.11. Administration of program.

The Department of Health and Human Services shall develop and implement the Family Resource Center Grant Program. The Department shall:

1. Sponsor a statewide conference for teams of interested representatives to provide background information and assistance regarding all aspects of the program;
2. Disseminate information regarding the program to interested local community groups;
3. Provide initial technical assistance and ongoing technical assistance to grant recipients;
4. Administer funds appropriated by the General Assembly;
5. Monitor the grants funded and the ongoing operations of family resource centers;
6. Revoke a grant if necessary or appropriate;
7. Report to the General Assembly and the Joint Legislative Commission on Governmental Operations, in accordance with G.S. 143B-152.15; and
8. Adopt rules to implement this Part.

History

(1994, Ex. Sess., c. 24, s. 31(a); 1997-443, s. 11A.118(a).)

§ 143B-152.12. Eligible applicants: applications for grants.

1. A community- or neighborhood-based 501(c)(3) entity or a consortium consisting of one or more local 501(c)(3) entities and one or more local school administrative units may apply for a grant.
2. Applicants for grants shall identify the neighborhood or neighborhoods whose children and families will be served by a family resource center. The decision-making process for identifying and establishing family resource centers shall reflect the racial and socioeconomic diversity of the neighborhood or neighborhoods to be served.
3. A grant application shall include a process for assessing on an annual basis the success of the local plan in addressing problems.

History

(1994, Ex. Sess., c. 24, s. 31(a).)

§ 143B-152.13. Grants review and selection.

1. The Department shall develop and disseminate a request for applications and establish procedures to be followed in developing and submitting applications to establish local family resource centers and administering grants to establish local family resource centers.
2. The Secretary of Health and Human Services shall appoint a State task force to assist the Secretary in reviewing grant applications. The State task force shall include representatives of the Department of Health and Human Services, the Department of Public Instruction, local school administrative units, educators, parents, the juvenile justice system, social services, and governmental agencies providing services to children, and other members the Secretary considers appropriate. In appointing the State task force, the Secretary shall consult with the Superintendent of Public Instruction in an effort to coordinate the membership of this State task force, the State task force appointed by the Secretary pursuant to G.S. 143B-152.5, and the State task force appointed by the Superintendent pursuant to G.S. 115C-238.42.
3. In determining the amount of funds an applicant receives, the Secretary and the State task force may consider (i) the number of children to be served, (ii) the number and percentage of children to be served who participate in the subsidized lunch program, (iii) the number and percentage of school-aged children to be served with two working parents or one single parent, (iv) the availability of other resources or funds, and (v) the amount needed to implement the proposal.
4. The Secretary shall award the grants.

In reviewing grant applications, the Secretary and the State task force may consider (i) the severity of the local problems as determined by the needs assessment data, (ii) the likelihood that the locally designed plan will result in high quality services for children and their families, (iii) evidence of local collaboration and coordination of services, (iv) any innovative or experimental aspects of the plan that will make it a useful model for replication in other counties, (v) the availability of other resources or funds, (vi) the incidence of crime and juvenile delinquency, (vii) the amount needed to implement the proposal, and (viii) any other factors consistent with the intent of this Part.

History

(1994, Ex. Sess., c. 24, s. 31(a); 1997-443, s. 11A.118(a).)

Editor's Note. - G.S. 143B-152.5, referred to in subsection (b), was repealed by Session Laws 2009-451, s. 18.6, effective July 1, 2009.

§ 143B-152.14. Cooperation of State and local agencies.

All agencies of the State and local government, including the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, departments of social services, health departments, local mental health, developmental disabilities, and substance abuse authorities, court personnel, law enforcement agencies, The University of North Carolina, the community college system, and cities and counties, shall cooperate with the Department of Health and Human Services, and local nonprofit corporations that receive grants in coordinating the program at the State level and in implementing the program at the local level. The Secretary of Health and Human Services, after consultation with the Superintendent of Public Instruction, shall develop a plan for ensuring the cooperation of State agencies and local agencies and encouraging the cooperation of private entities, especially those receiving State funds, in the coordination and implementation of the program.

History

(1994, Ex. Sess., c. 24, s. 31(a); 1997-443, s. 11A.118(a); 1998-202, s. 4(y); 2000-137, s. 4(cc); 2011-145, s. 19.1( l ); 2017-186, s. 2(gggggg); 2018-47, s. 6(c).)

Editor's Note. - Session Laws 2018-47, s. 15, provides: "This act does not affect the coverage, eligibility, rights, responsibilities, or provision of State or federal services or benefits for individuals who have been diagnosed with mental retardation and whose diagnosis has not been changed to a diagnosis of intellectual disability."

Effect of Amendments. - Session Laws 2011-145, s. 19.1( l ), effective January 1, 2012, substituted "Division of Juvenile Justice of the Department of Public Safety" for "Department of Juvenile Justice and Delinquency Prevention" in the first sentence.

Session Laws 2017-186, s. 2(gggggg), effective December 1, 2017, added "Juvenile Justice Section of the" and "Adult Correction and" in the first sentence of the section.

Session Laws 2018-47, s. 6(c), effective June 22, 2018, substituted "developmental disabilities" for "mental retardation" in the first sentence.

§ 143B-152.15. Program evaluation; reporting requirements.

1. The Department of Health and Human Services shall develop and implement an evaluation system that will assess the efficiency and effectiveness of the Family Resource Center Grant Program. The department shall design this system to:
   1. Provide information to the Department and to the General Assembly on how to improve and refine the programs;
   2. Enable the Department and the General Assembly to assess the overall quality, efficiency, and impact of the existing programs;
   3. Enable the Department and the General Assembly to determine whether to modify the Family Resource Center Grant Program; and
   4. Provide a detailed fiscal analysis of how State funds for these programs were used.
2. Repealed by Session Laws 2013-360, s. 12A.8(b), effective July 1, 2013.
3. A local 501(c)(3) entity or consortium that receives a grant under this Part shall report by August 1 of each year to the Department on the implementation of the program. This report shall demonstrate the extent to which the local family resource center has met the local needs, goals, and anticipated outcomes as set forth in the grant application.

History

(1994, Ex. Sess., c. 24, s. 31(a); 1997-443, s. 11A.118(a); 2001-424, s. 21.48(f); 2013-360, s. 12A.8(b).)

Effect of Amendments. - Session Laws 2013-360, s. 12A.8(b), effective July 1, 2013, repealed subsection (b).

PART 6. SOCIAL SERVICES COMMISSION.

§ 143B-153. Social Services Commission - creation, powers and duties.

There is hereby created the Social Services Commission of the Department of Health and Human Services with the power and duty to adopt rules and regulations to be followed in the conduct of the State's social service programs with the power and duty to adopt, amend, and rescind rules and regulations under and not inconsistent with the laws of the State necessary to carry out the provisions and purposes of this Article. Provided, however, the Department of Health and Human Services shall have the power and duty to adopt rules and regulations to be followed in the conduct of the State's medical assistance program. [The Commission has the following powers and duties:]

1. The Social Services Commission is authorized and empowered to adopt such rules and regulations that may be necessary and desirable for the programs administered by the Department of Health and Human Services as provided in Chapter 108A of the General Statutes of the State of North Carolina.
2. The Social Services Commission shall have the power and duty to establish standards and adopt rules and regulations:
   1. For the programs of public assistance established by federal legislation and by Article 2 of Chapter 108A of the General Statutes of the State of North Carolina with the exception of the program of medical assistance established by G.S. 108A-25(b);
   2. To achieve maximum cooperation with other agencies of the State and with agencies of other states and of the federal government in rendering services to strengthen and maintain family life and to help recipients of public assistance obtain self-support and self-care;
   3. For the placement and supervision of dependent juveniles and of delinquent juveniles who are placed in the custody of the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, and payment of necessary costs of foster home care for needy and homeless children as provided by G.S. 108A-48;
   4. For the payment of State funds to private child-placing agencies as defined in G.S. 131D-10.2(4) and residential child care facilities as defined in G.S. 131D-10.2(13) for care and services provided to children who are in the custody or placement responsibility of a county department of social services. The Commission shall establish standardized rates for child caring institutions. In establishing standardized rates, the Commission shall consider the rate-setting recommendations provided by the Office of the State Auditor; and
   5. For client assessment and independent case management pertaining to the functions of county departments of social services for public assistance programs authorized under paragraph a. of this subdivision.
3. The Social Services Commission shall have the power and duty to establish standards and adopt rules and regulations:
   1. For social services programs established by federal legislation and by Article 3 of G.S. Chapter 108A;
   2. For implementation of Title XX of the Social Security Act, except for Title XX services provided solely through the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, by promulgating rules and regulations in the following areas:
      1. Eligibility for all services established under a Comprehensive Annual Services Plan, as required by federal law;
      2. Standards to implement all services established under the Comprehensive Annual Services Plan;
      3. Maximum rates of payment for provision of social services;
      4. Fees for services to be paid by recipients of social services;
      5. Designation of certain mandated services, from among the services established by the Secretary below, which shall be provided in each county of the State; and
      6. Title XX services for the blind, after consultation with the Commission for the Blind.
4. The Social Services Commission shall have the power and duty to establish and adopt standards:
   1. For the inspection and licensing of maternity homes as provided by G.S. 131D-1;
   2. Repealed by Session Laws 1999-334, s. 3.5, effective October 1, 1999.
   3. For the inspection and licensing of child-care institutions as provided by G.S. 131D-10.5;
   4. For the inspection and operation of jails or local confinement facilities as provided by G.S. 153A-220 and Article 2 of Chapter 131D of the General Statutes of the State of North Carolina;
   5. Repealed by Session Laws 1981, c. 562, s. 7.
   6. For the regulation and licensing of charitable organizations, professional fund-raising counsel and professional solicitors as provided by Chapter 131D of the General Statutes of the State of North Carolina.
5. The Social Services Commission shall have the power and duty to authorize investigations of social problems, with authority to subpoena witnesses, administer oaths, and compel the production of necessary documents.
6. The Social Services Commission shall have the power and duty to ratify reciprocal agreements with agencies in other states that are responsible for the administration of public assistance and child welfare programs to provide assistance and service to the residents and nonresidents of the State.
7. The Commission is authorized and empowered to adopt such rules and regulations, not inconsistent with the laws of this State, as may be required by the federal government of grants-in-aid for social services purposes which may be made available for the State by the federal government. This section is to be liberally construed in order that the State and its citizens may benefit from such grants-in-aid.
8. The Commission shall adopt rules and regulations consistent with the provisions of this Chapter. All rules and regulations not inconsistent with the provisions of this Chapter heretofore adopted by the Board of Social Services shall remain in full force and effect unless and until repealed or superseded by action of the Social Services Commission. All rules and regulations adopted by the Commission shall be enforced by the Department of Health and Human Services.
9. The Commission may establish by regulation, except for Title XX services provided solely through the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, rates or fees for:
   1. A fee schedule for the payment of the costs of necessary child care in licensed facilities and registered plans for minor children of needy families.
   2. A fee schedule for the payment by recipients for services which are established in accordance with Title XX of the Social Security Act and implementing regulations; and
   3. The payment of an administrative fee not to exceed two hundred dollars ($200.00) to be paid by public or nonprofit agencies which employ students under the Plan Assuring College Education (PACE) program.
   4. Child support enforcement services as defined by G.S. 110-130.1.
10. The Commission shall adopt rules governing the obligations of counties to contribute financially to regional social services departments in accordance with G.S. 108A-15.3A(e).

Provided, that the Secretary is authorized to promulgate all other rules in at least the following areas:

1. Establishment, identification, and definition of all services offered under the Comprehensive Annual Services Plan;

2. Policies governing the allocation, budgeting, and expenditures of funds administered by the Department;

3. Contracting for and purchasing services; and

4. Monitoring for effectiveness and compliance with State and federal law and regulations.

History

(1973, c. 476, s. 134; 1975, c. 747, s. 2; 1977, c. 674, s. 7; 1977, 2nd Sess., c. 1219, ss. 26, 27; 1981, c. 275, s. 5; c. 562, s. 7; c. 961, ss. 1-3; 1983, c. 278, ss. 1, 2; c. 527, s. 2; 1985, c. 206; c. 479, s. 96; c. 689, s. 29f; 1991, c. 462, s. 1; c. 636, s. 19(d); c. 689, s. 105; c. 761, s. 28; 1993, c. 553, s. 46; 1995, c. 449, s. 4; c. 535, s. 32; 1997-443, s. 11A.118(a); 1997-456, s. 22; 1997-506, s. 55; 1998-202, s. 4(z); 1999-334, s. 3.5; 2000-111, s. 4; 2000-137, s. 4(dd); 2000-140, s. 99(a); 2006-66, s. 10.2(c); 2011-145, s. 19.1( l ); 2017-41, s. 4.5; 2017-102, s. 40(e); 2017-186, s. 2(hhhhhh).)

Child Caring Institution Rates. - Session Laws 2017-57, s. 11C.3, provides: "Until the Social Services Commission adopts rules setting standardized rates for child caring institutions as authorized under G.S. 143B-153(8), the maximum reimbursement for child caring institutions shall not exceed the rate established for the specific child caring institution by the Department of Health and Human Services, Office of the Controller. In determining the maximum reimbursement, the State shall include county and IV-E reimbursements."

For prior similar provisions, see Session Laws 2007-323, s. 10.30; Session Laws 2009-451, s. 10.47; Session Laws 2011-145; s. 10.52; Session Laws 2013-360, s. 12C.3; and Session Laws 2015-241, s. 12C.3.

Editor's Note. - Session Laws 2011-145, s. 10.60(w), provides: "Social Services Block Grant funds allocated to the North Carolina Inter-Agency Council for the 2011-2012 fiscal year for coordinating homeless programs and child medical evaluations are exempt from the provisions of 10A NCAC 71R.0201(3)."

For prior similar provisions, see Session Laws 2007-323, s. 10.55(p), Session Laws 2008-107, s. 10.17(q), Session Laws 2009-451, s. 10.78(t), and Session Laws 2010-31, s. 10.37(t).

Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'"

Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium."

Session Laws 2011-145, s. 32.5, is a severability clause.

Session Laws 2012-142, s. 10.25(w), provides: "The sum of one million dollars ($1,000,000) appropriated in this section in the Social Services Block Grant for the 2012-2013 fiscal year to the Department of Health and Human Services, Division of Social Services, shall be allocated to North Carolina Food Bank agencies to be used to purchase and distribute food staples for emergency food assistance. These funds are exempt from the provisions of 10A NCAC 71R.0201(3)."

For prior similar provisions, see Session Laws 2007-323, s. 10.55(p), Session Laws 2008-107, s. 10.17(q), Session Laws 2009-451, s. 10.78(t), Session Laws 2010-31, s. 10.37(t), and Session Laws 2011-145, s. 10.60(w).

Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'"

Session Laws 2012-142, s. 27.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year."

Session Laws 2012-142, s. 27.7, is a severability clause.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

The bracketed language at the end of the first paragraph was inserted at the direction of the Revisor of Statutes.

Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'"

Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium."

Session Laws 2017-57, s. 39.6, is a severability clause.

Effect of Amendments. - Session Laws 2006-66, s. 10.2(c), effective July 1, 2006, added the last two sentences in subdivision (2)d.; and made a minor stylistic change.

Session Laws 2011-145, s. 19.1( l ), effective January 1, 2012, substituted "Division of Juvenile Justice of the Department of Public Safety" for "Department of Juvenile Justice and Delinquency Prevention" in subdivision (2)c.

Session Laws 2017-41, s. 4.5, as amended by Session Laws 2017-102, s. 40(e), effective June 21, 2017, added subsection (9).

Session Laws 2017-186, s. 2(hhhhhh), effective December 1, 2017, added "Juvenile Justice Section of the" and "Adult Correction and" in subdivision (2)c.

Legal Periodicals. - For survey of 1980 constitutional law, see 59 N.C.L. Rev. 1116 (1981).

For article, "Bathrooms as a Homeless Rights Issue,” see 98 N.C.L. Rev. 205 (2020).

§ 143B-154. Social Services Commission - members; selection; quorum; compensation.

The Social Services Commission of the Department of Health and Human Services shall consist of one member from each congressional district in the State, all of whom shall be appointed by the Governor for four-year terms.

The initial members of the Commission shall be the appointed members of the current Social Services Commission who shall serve for the remainder of their current terms and four additional members appointed by the Governor for terms expiring April 1, 1981. Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death, removal or disability of a member shall be for the balance of the unexpired term.

In the event that more than 11 congressional districts are established in the State, the Governor shall on July 1 following the establishment of such additional congressional districts appoint a member of the Commission from that congressional district.

The Governor shall have the power to remove any member of the Commission from office for misfeasance, malfeasance, or nonfeasance in accordance with the provisions of G.S. 143B-13 of the Executive Organization Act of 1973.

The members of the Commission shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.

A majority of the Commission shall constitute a quorum for the transaction of business.

All clerical and other services required by the Commission shall be supplied by the Secretary of Health and Human Services.

History

(1973, c. 476, s. 135; 1977, c. 516; 1981 (Reg. Sess., 1982), c. 1191, s. 77; 1997-443, s. 11A.118(a).)

§ 143B-155. Social Services Commission - regular and special meetings.

The Social Services Commission shall meet at least once in each quarter and may hold special meetings at any time and place within the State at the call of the chairman or upon the written request of at least four members.

History

(1973, c. 476, s. 136.)

§ 143B-156. Social Services Commission - officers.

The Commission for Social Services shall have a chairman and a vice-chairman. The chairman shall be designated by the Governor from among the members of the Commission to serve as chairman at his pleasure. The vice-chairman shall be elected by and from the members of the Commission and shall serve for a term of two years or until the expiration of his regularly appointed term.

History

(1973, c. 476, s. 137.)

PART 7. COMMISSION FOR THE BLIND.

§ 143B-157. Commission for the Blind - creation, powers and duties.

There is recreated the Commission for the Blind of the Department of Health and Human Services with the power and duty to adopt rules governing the conduct of the State's rehabilitative programs for the blind that are necessary to carry out the provisions and purposes of this Article.

1. The Commission shall adopt rules that are necessary and desirable for the programs administered by the Department of Health and Human Services as provided in Chapter 111 of the General Statutes of North Carolina.
2. Repealed by Session Laws 1993, c. 561, s. 89(a).
3. The Commission shall adopt rules, not inconsistent with the laws of this State, that are required by the federal government for grants-in-aid for rehabilitative purposes for the blind that may be made available to the State from the federal government. This section is to be liberally construed in order that the State and its citizens may benefit from such grants-in-aid.
4. The Commission shall review, analyze, and advise the Department regarding the performance of its responsibilities under the federal rehabilitation program in which the State participates, as it relates to the provision of services to the blind, particularly its responsibilities relating to the following:
   1. Eligibility for the program;
   2. The extent, scope, and effectiveness of the services provided; and
   3. The functions performed by the Department that affect, or that have the potential to affect, the ability of individuals who are blind or visually impaired to achieve rehabilitative goals and objectives under the federal rehabilitation program;
5. The Commission shall advise the Department regarding preparation of applications, the State Plan, amendments to this plan, the State needs assessments, and the evaluations required by the federal rehabilitation program; and in partnership with the Department develop, agree to, and review State goals and priorities;
6. The Commission shall, to the extent feasible, conduct a review and analysis (i) of the effectiveness of, and consumer satisfaction with, the functions performed by the Department and other public and private entities responsible for performing functions for individuals who are blind or visually impaired, and (ii) of vocational rehabilitation services provided or paid for from funds made available through other public or private sources and provided by State agencies and other public and private entities responsible for providing vocational rehabilitation services to individuals who are blind or visually impaired;
7. The Commission shall prepare and submit an annual report to the Governor, the Secretary, and the federal rehabilitation program, and make the report available to the public;
8. The Commission shall coordinate with other councils within the State, including the statewide Independent Living Council established under section 705 of the federal Rehabilitation Act, 29 U.S.C. § 720, et seq., the advisory panel established under section 612(a)(21) of the Individuals with Disabilities Education Act, 20 U.S.C. § 1413(A)(12), the Council on Developmental Disabilities described in section 124 of the Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 6024, the State Mental Health Planning Council established pursuant to section 1916(e) of the Public Health Service Act, 42 U.S.C. § 300x-4(e), and the NCWorks Commission;
9. The Commission shall advise the Department and provide for coordination with, and establishment of working relationships between, the Department and the Independent Living Council;
10. The Commission shall prepare, in conjunction with the Department, a plan for the provision of those resources, including staff and other personnel, that are necessary to carry out the Commission's function under this Part. The resource plan shall, to the maximum extent possible, rely on the use of resources in existence during the period of implementation of the plan. The agreed-upon resources shall be provided pursuant to G.S. 143B-14. To the extent that there is a disagreement between the Commission and the Department with regard to the resources necessary to carry out the functions of the Commission required by this Part, the Governor shall resolve the disagreement. The Department or other State agency shall not assign any other duties to the staff and other personnel who are assisting the Commission in carrying out its duties that would create a conflict of interest;
11. The Commission shall adopt rules consistent with the provisions of this Chapter. All rules not inconsistent with the provisions of this Chapter heretofore adopted by the North Carolina State Commission for the Blind shall remain in full force and effect unless and until repealed or superseded by action of the recreated Commission for the Blind. All rules adopted by the Commission shall be enforced by the Department of Health and Human Services.

History

(1973, c. 476, s. 139; 1993, c. 561, s. 89(a); 1997-443, s. 11A.118(a); 2000-121, ss. 29, 30; 2015-241, s. 15.11(e).)

Effect of Amendments. - Session Laws 2015-241, s. 15.11(e), effective July 1, 2015, substituted "NCWorks Commission" for "Commission on Workforce Development" in subdivision (3e).

§ 143B-158. Commission for the Blind.

1. The Commission for the Blind of the Department of Health and Human Services shall consist of 19 members as follows:
   1. One representative of the Statewide Independent Living Council.
   2. One representative of a parent training and information center established pursuant to section 631(c) of the Individuals with Disabilities Education Act, 20 U.S.C. § 1431(c).
   3. One representative of the State's Client Assistance Program.
   4. One vocational rehabilitation counselor who has knowledge of and experience in vocational rehabilitation services for the blind. A vocational rehabilitation counselor appointed pursuant to this subdivision shall serve as a nonvoting member of the Commission if the counselor is an employee of the Department of Health and Human Services.
   5. One representative of community rehabilitation program services providers.
   6. One current or former applicant for, or recipient of, vocational rehabilitation services.
   7. One representative of a disability advocacy group representing individuals who are blind.
   8. One parent, family member, guardian, advocate, or authorized representative of an individual who is blind, has multiple disabilities, and either has difficulty representing himself or herself or who is unable, due to disabilities, to represent himself or herself.
   9. One representative of business, industry, and labor.
   10. One representative of the directors of projects carried out under section 121 of the Rehabilitation Act of 1973, 29 U.S.C. § 741, as amended, if there are any of these projects in the State.
   11. One representative of the Department of Public Instruction.
   12. One representative of the NCWorks Commission.
   13. Two licensed physicians nominated by the North Carolina Medical Society whose practice is limited to ophthalmology.
   14. Two optometrists nominated by the North Carolina State Optometric Society.
   15. Two opticians nominated by the North Carolina Opticians Association.
   16. The Director of the Division of Services for the Blind shall serve as an ex officio, nonvoting member.
2. The members of the Commission for the Blind shall be appointed by the Governor. The Governor shall appoint members after soliciting recommendations from representatives of organizations representing a broad range of individuals who have disabilities and organizations interested in those individuals. In making appointments to the Commission, the Governor shall consider, to the greatest extent practicable, the extent to which minority populations are represented on the Commission.
3. Except for individuals appointed to the Commission under subdivisions (12a), (12b), and (12c) of subsection (a) of this section, a majority of Commission members shall be persons who are blind, as defined in G.S. 111-11 and who are not employed by the Division of Services for the Blind.
4. The Commission for the Blind shall select a Chairperson from among its members.
5. The term of office of members of the Commission is three years. The term of members appointed under subdivisions (1), (2), (3), (4), and (12a) of subsection (a) of this section shall expire on June 30 of years evenly divisible by three. The term of members appointed under subdivisions (5), (6), (7), (8), and (12b) of subsection (a) of this section shall expire on June 30 of years that follow by one year those years that are evenly divisible by three. The term of members appointed under subdivisions (9), (10), (11), (12), and (12c) of subsection (a) of this section shall expire on June 30 of years that precede by one year those years that are evenly divisible by three.
6. No individual may be appointed to more than two consecutive three-year terms. Upon the expiration of a term, a member shall continue to serve until a successor is appointed, as provided by G.S. 128-7. An appointment to fill a vacancy shall be for the unexpired balance of the term.
7. A member of the Commission shall not vote on any issue before the Commission that would have a significant and predictable effect on the member's financial interest. The Governor shall have the power to remove any member of the Commission from office for misfeasance, malfeasance, or nonfeasance in accordance with the provisions of G.S. 143B-13 of the Executive Organization Act of 1973.
8. The members of the Commission shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.
9. A majority of the Commission shall constitute a quorum for the transaction of business.
10. All clerical and other services required by the Commission shall be supplied by the Secretary of Health and Human Services.

History

(1973, c. 476, s. 140; 1977, c. 581; 1993, c. 561, s. 89(b); 1997-443, s. 11A.118(a); 2000-121, s. 31; 2013-360, s. 12A.14(b); 2015-241, s. 15.11(f).)

Effect of Amendments. - Session Laws 2013-360, s. 12A.14(b), effective August 1, 2013, substituted "19" for "13" in subsection (a); added subdivisions (a)(12a) through (12c); in subsection (c), added "Except for individuals appointed to the Commission under subdivisions (12a), (12b), and (12c) of subsection (a) of this section," and substituted "and who are" for "A majority of Commission members shall be persons who are"; in subsection (e), inserted "(12a)" in the second sentence, "(12b)" in the third sentence, and "(12c)" in the fourth sentence; and made minor punctuation and stylistic changes in subsections (c) and (e).

Session Laws 2015-241, s. 15.11(f), effective July 1, 2015, substituted "NCWorks Commission" for "Commission on Workforce Development" in subdivision (a)(12).

§ 143B-159. Commission for the Blind - regular and special meetings.

The Commission for the Blind shall meet at least once in each quarter and may hold special meetings at any time and place within the State at the call of the chairman or upon the written request of at least five members.

History

(1973, c. 476, s. 141.)

§ 143B-160. Commission for the Blind - officers.

The Commission for the Blind shall have a chairman and a vice-chairman. The chairman shall be designated by the Governor from among the members of the Commission to serve as chairman at his pleasure. The vice-chairman shall be elected by and from the members of the Commission and shall serve for a term of two years or until the expiration of his regularly appointed term.

History

(1973, c. 476, s. 142.)

PART 8. PROFESSIONAL ADVISORY COMMITTEE.

§§ 143B-161, 143B-162: Repealed by Session Laws 2013-360, s. 12A.14(a), effective July 1, 2013.

History

(G.S. 143B-161: 1973, c. 476, s. 144; 1997-443, s. 11A.118(a); repealed by 2013-360, s. 12A.14(a), effective July 1, 2013; G.S. 143B-162: 1973, c. 476, s. 145; 1979, c. 977, ss. 1, 2; 1997-443, s. 11A.118(a); repealed by 2013-360, s. 12A.14(a), effective July 1, 2013.)

Editor's Note. - Former G.S. 143B-161 pertained to professional advisory committee's creation, powers and duties. Former G.S. 143B-162 pertained to professional advisory committee's members, selection, quorum, and compensation.

PART 9. CONSUMER AND ADVOCACY ADVISORY COMMITTEE FOR THE BLIND.

§ 143B-163. Consumer and Advocacy Advisory Committee for the Blind - creation, powers and duties.

1. There is hereby created the Consumer and Advocacy Advisory Committee for the Blind of the Department of Health and Human Services. This Committee shall make a continuing study of the entire range of problems and needs of the blind and visually impaired population of this State and make specific recommendations to the Secretary of Health and Human Services as to how these may be solved or alleviated through legislative action. The Committee shall examine national trends and programs of other states, as well as programs and priorities in North Carolina. Because of the cost of treating persons who lose their vision, the Committee's role shall also include studying and making recommendations to the Secretary of Health and Human Services concerning methods of preventing blindness and restoring vision.
2. The Consumer and Advocacy Advisory Committee for the Blind shall advise all State boards, commissions, agencies, divisions, departments, schools, corporations, or other State-administered associations or entities, including the secretary, director and members of said boards, commissions, agencies, divisions, departments, schools, et cetera, on the needs of the citizens of the State of North Carolina who are now or will become visually impaired.
3. The Consumer and Advocacy Advisory Committee for the Blind shall also advise every State board, commission, agency, division, department, school, corporation, or other State-administered associations or entity concerning sight conservation programs that it supervises, administers or controls.
4. All State boards, commissions, agencies, divisions, departments, schools, corporations, or other State-administered associations or entities including the secretary, director and members of said State boards, agencies, departments, et cetera, which supervise, administer or control any program for or affecting the citizens of the State of North Carolina who are now or will become visually impaired shall inform the Consumer and Advocacy Advisory Committee for the Blind of any proposed change in policy, program, budget, rule, or regulation which will affect the citizens of North Carolina who are now or will become visually impaired. Said board, commission, et cetera, shall allow the Consumer and Advocacy Advisory Committee for the Blind, prior to passage, unless such change is made pursuant to G.S. 150B-21.1, an opportunity to object to the change and present information and proposals on behalf of the citizens of North Carolina who are now or will become visually impaired. This subsection shall also apply to all sight conservation programs of the State of North Carolina.
5. Nothing in this statute shall prohibit a board, commission, agency, division, department, et cetera, from implementing any change after allowing the Consumer and Advocacy Advisory Committee for the Blind an opportunity to object and propose alternatives. Shifts in budget items within a program or administrative changes in a program required in the day-to-day operation of an agency, department, or school, et cetera, shall be allowed without prior consultation with said Committee.

History

(1977, c. 842, s. 1; c. 1050; 1979, c. 973, s. 1; 1987, c. 827, s. 1; 1991 (Reg. Sess., 1992), c. 1030, s. 44; 1997-443, s. 11A.118(a); 2000-121, s. 32.)

§ 143B-164. Consumer and Advocacy Advisory Committee for the Blind - members; selection; quorum; compensation.

1. The Consumer and Advocacy Advisory Committee for the Blind of the Department of Health and Human Services shall consist of the following members:
   1. One member of the North Carolina Senate to be appointed by the President Pro Tempore of the Senate;
   2. One member of the North Carolina House of Representatives to be appointed by the Speaker of the House of Representatives;
   3. President and Vice-President of the National Federation of the Blind of North Carolina;
   4. President and Vice-President of the North Carolina Council of the Blind;
   5. President and Vice-President of the North Carolina Association of Workers for the Blind;
   6. President and Vice-President of the North Carolina Chapter of the American Association of Workers for the Blind;
   7. Chairman of the State Council of the North Carolina Lions and Executive Director of the North Carolina Lions Association for the Blind, Inc.;
   8. Chairman of the Concession Stand Committee of the Division of Services for the Blind of the Department of Health and Human Services; and
   9. Executive Director of the North Carolina Society for the Prevention of Blindness, Inc.
2. A chairman shall be elected by a majority vote of the Committee members for a one-year term to coincide with the fiscal year of the State. Provided, the first chairman shall be elected for a term to end June 30, 1978.
3. A majority of the members shall constitute a quorum for the transaction of business.
4. The Committee shall meet once a quarter to act upon any information provided them by any board, commission, agency, division, department, school, et cetera. Special meetings may be held at any time and place within the State at the call of the chairman or upon written request of at least a majority of the members. Provided, a majority of the members shall be allowed to waive any meeting.
5. All clerical and other services required by the Committee shall be supplied by the Secretary of Health and Human Services.
6. Members of the Committee shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.

With respect to members appointed from the General Assembly, these appointments shall be made in the odd-numbered years, and the appointments shall be made for two-year terms beginning on the first day of July and continuing through the 30th day of June two years thereafter; provided, such appointments shall be made within two weeks after ratification of this act, and the first members which may be so appointed prior to July 1 of the year of ratification shall serve through the 30th day of June of the second year thereafter. If any Committee member appointed from the General Assembly ceases to be a member of the General Assembly, for whatever reason, his position on the Committee shall be deemed vacant. In the event that either Committee position which is designated herein to be filled by a member of the General Assembly becomes vacant during a term, for whatever reason, a successor to fill that position shall be appointed for the remainder of the unexpired term by the person who made the original appointment or his successor. Provided members appointed by the President Pro Tempore of the Senate and the Speaker of the House shall not serve more than two complete consecutive terms.

With respect to the remaining Committee members, each officeholder shall serve on the Committee only so long as he holds the named position in the specified organization. Upon completion of his term, failure to secure reelection or appointment, or resignation, the individual shall be deemed to have resigned from the Committee and his successor in office shall immediately become a member of the Committee. Further, if any of the above-named organizations dissolve or if any of the above-stated positions no longer exist, then the successor organization or position shall be deemed to be substituted in the place of the former one and the officeholder in the new organization or of the new position shall become a member of the Committee.

Provided, further, if any chairman does not desire or is unable to continue to perform as chairman for any reason, including his becoming ineligible to be a member of the Committee as specified in subsection (a), the remaining members shall elect a chairman to fulfill the remainder of his term.

History

(1977, c. 842, s. 1; c. 1050; 1979, c. 973, s. 2; 1991, c. 739, s. 27; 1997-443, s. 11A.118(a).)

§§ 143B-164.1 through 143B-164.9: Reserved for future codification purposes.

PART 9A. STATE SCHOOL FOR SIGHT-IMPAIRED CHILDREN.

§§ 143B-164.10 through 143B-164.18: Repealed by Session Laws 2013-247, s. 1(b), effective July 3, 2013.

History

(G.S. 143B-164.10: 1881, c. 211, s. 1; Code, s. 2227; Rev., s. 4187; 1917, c. 35, s. 1; C.S., s. 5872; 1957, c. 1434; 1963, c. 448, s. 28; 1969, c. 749, s. 2; 1973, c. 476, s. 164; 1975, c. 19, s. 39; 1981, c. 423, s. 1; 1997-18, s. 13(a); 1997-443, s. 11A.118(a); repealed by 2013-247, s. 1(b), effective July 3, 2013; G.S. 143B-164.11: 1989, c. 533, s. 3; 1997-18, s. 13(b); 1997-443, s. 11A.118(a); 2001-412, s. 2; repealed by 2013-247, s. 1(b), effective July 3, 2013; G.S. 143B-164.12: 1989, c. 533, s. 3; 1997-18, s. 13(c); 1997-443, s. 11A.118(a); repealed by 2013-247, s. 1(b), effective July 3, 2013; G.S. 143B-164.13: 1881, c. 211, s. 5; Code, s. 2231; Rev., s. 4191; 1917, c. 35, s. 1; C.S., s. 5876; 1947, c. 375; 1949, c. 507; 1953, c. 675, s. 14; 1963, c. 448, s. 28; 1969, c. 749, s. 2; c. 1279; 1973, c. 476, s. 164; 1981, c. 423, s. 1; 1983 (Reg. Sess., 1984), c. 1034, s. 23; 1985, c. 780, s. 3; 1997-18, s. 13(a); 1997-443, s. 11A.118(a); repealed by 2013-247, s. 1(b), effective July 3, 2013; G.S. 143B-164.14: 1881, c. 211, s. 6; Code, s. 2232; Rev., s. 4193; C.S., s. 5878; 1963, c. 448, s. 28; 1969, c. 749, s. 2; 1973, c. 476, s. 164; 1981, c. 423, s. 1; 1997-18, s. 13(a); 1997-443, s. 11A.118(a); repealed by 2013-247, s. 1(b), effective July 3, 2013; G.S. 143B-164.15: 1881, c. 211, s. 7; Code, s. 2233; Rev., s. 4194; 1917, c. 35, s. 1; C.S., s. 5879; 1963, c. 448, s. 28; 1969, c. 749, s. 2; 1973, c. 476, s. 164; 1981, c. 423, s. 1; 1997-18, s. 13(a); 1997-443, s. 11A.122; repealed by 2013-247, s. 1(b), effective July 3, 2013; G.S. 143B-164.16: 1881, c. 211, s. 9; Code, s. 2235; Rev., s. 4196; C.S., s. 5881; 1963, c. 448, s. 28; 1969, c. 749, s. 2; 1973, c. 476, s. 164; 1981, c. 423, s. 1; 1997-18, s. 13(a); 1997-443, s. 11A.118(a); repealed by 2013-247, s. 1(b), effective July 3, 2013; G.S. 143B-164.17: 1879, c. 332, s. 1; Code, s. 2238; Rev., s. 4199; Ex. Sess. 1908, c. 69; 1917, c. 35, s. 3; 1919, c. 183; C.S., s. 5885; 1927, c. 86; 1929, c. 181; 1961, c. 186; 1963, c. 448, s. 28; 1969, c. 749, s. 2; c. 982; 1981, c. 423, s. 1; 1993, c. 257, s. 11; 1997-18, s. 13(a); repealed by 2013-247, s. 1(b), effective July 3, 2013; G.S. 143B-164.18: 2001-412, s. 1; repealed by 2013-247, s. 1(b), effective July 3, 2013.)

Cross References. - For present similar provisions pertaining to schools for students with visual and hearing impairments, see Article 9C of Chapter 115C, G.S. 115C-150.11 et seq.

Editor's Note. - Former G.S. 143B-164.10 pertained to incorporation, name and management. Former G.S. 143B-164.11 pertained to the creation, powers and duties of the Board of Directors of the Governor Morehead School. Former G.S. 143B-164.12 pertained to the members, selection, quorum, and compensation of the Board of Directors of the Governor Morehead School. Former G.S. 143B-164.13 pertained to the admission of pupils and how admission is obtained. Former G.S. 143B-164.14 pertained to the admission of pupils from other states. Former G.S. 143B-164.15 pertained to the Department of Health and Human Services conferring diplomas. Former G.S. 143B-164.16 pertained to the State Treasurer as ex officio treasurer of institution. Former G.S. 143B-164.17 pertained to when clothing, etc., for pupils are paid for by the county. Former G.S. 143B-164.18 pertained to the establishment of private and nonprofit corporations.

Session Laws 2013-247, s. 9, provides: "Unless inconsistent with the provisions of Article 9C of Chapter 115C of the General Statutes, as enacted by Section 2 of this act, the rules adopted pursuant to former Part 9A or Part 30 of Article 3, or any other statutory provisions of Chapter 143B of the General Statutes, prior to amendment by this act, governing the Governor Morehead School, the North Carolina School for the Deaf, and the Eastern North Carolina School for the Deaf shall remain in effect until superseded by rules adopted under Article 9C of Chapter 115C of the General Statutes, as enacted by Section 2 of this act."

PART 10. NORTH CAROLINA MEDICAL CARE COMMISSION.

§ 143B-165. North Carolina Medical Care Commission - creation, powers and duties.

There is hereby created the North Carolina Medical Care Commission of the Department of Health and Human Services with the power and duty to promulgate rules and regulations to be followed in the construction and maintenance of public and private hospitals, medical centers, and related facilities with the power and duty to adopt, amend and rescind rules and regulations under and not inconsistent with the laws of the State necessary to carry out the provisions and purposes of this Article.

1. The North Carolina Medical Care Commission has the duty to adopt statewide plans for the construction and maintenance of hospitals, medical centers, and related facilities, or such other as may be found desirable and necessary in order to meet the requirements and receive the benefits of any federal legislation with regard thereto.
2. The Commission is authorized to adopt such rules and regulations as may be necessary to carry out the intent and purposes of Article 13 of Chapter 131 of the General Statutes of North Carolina.
3. The Commission may adopt such reasonable and necessary standards with reference thereto as may be proper to cooperate fully with the Surgeon General or other agencies or departments of the United States and the use of funds provided by the federal government as contained and referenced in Article 13 of Chapter 131 of the General Statutes of North Carolina.
4. The Commission shall have the power and duty to approve projects in the amounts of grants-in-aid from funds supplied by the federal and State governments for the planning and construction of hospitals and other related medical facilities according to the provisions of Article 13 of Chapter 131 of the General Statutes of North Carolina.
5. Repealed by Session Laws 1981 (Regular Session, 1982), c. 1388, s. 3.
6. The Commission has the duty to adopt rules and regulations and standards with respect to the different types of hospitals to be licensed under the provisions of Article 13A of Chapter 131 of the General Statutes of North Carolina.
7. The Commission is authorized and empowered to adopt such rules and regulations, not inconsistent with the laws of this State, as may be required by the federal government for grants-in-aid for medical facility services and licensure which may be made available to the State by the federal government. This section is to be liberally construed in order that the State and its citizens may benefit from such grants-in-aid.
8. The Commission shall adopt such rules and regulations, consistent with the provisions of this Chapter. All rules and regulations not inconsistent with the provisions of this Chapter heretofore adopted by the North Carolina Medical Care Commission shall remain in full force and effect unless and until repealed or superseded by action of the North Carolina Medical Care Commission. All rules and regulations adopted by the Commission shall be enforced by the Department of Health and Human Services.
9. The Commission shall have the power and duty to adopt rules and regulations with regard to emergency medical services in accordance with the provisions of Article 26 of Chapter 130 and Article 56 of Chapter 143 of the General Statutes of North Carolina.
10. The Commission shall have the power and duty to adopt rules for the operation of nursing homes, as defined by Article 6 of Chapter 131E of the General Statutes.
11. The Commission is authorized to adopt such rules as may be necessary to carry out the provisions of Part C of Article 6, and Article 10, of Chapter 131E of the General Statutes of North Carolina.
12. The Commission shall adopt rules, including temporary rules pursuant to G.S. 150B-13, providing for the accreditation of facilities that perform mammography procedures and for laboratories evaluating screening pap smears. Mammography accreditation standards shall address, but are not limited to, the quality of mammography equipment used and the skill levels and other qualifications of personnel who administer mammographies and personnel who interpret mammogram results. The Commission's standards shall be no less stringent than those established by the United States Department of Health and Human Services for Medicare/Medicaid coverage of screening mammography. These rules shall also specify procedures for waiver of these accreditation standards on an individual basis for any facility providing screening mammography to a significant number of patients, but only if there is no accredited facility located nearby. The Commission may grant a waiver subject to any conditions it deems necessary to protect the health and safety of patients, including requiring the facility to submit a plan to meet accreditation standards.
13. The Commission shall have the power and duty to adopt rules for the inspection and licensure of adult care homes and operation of adult care homes, as defined by Article 1 of Chapter 131D of the General Statutes, and for personnel requirements of staff employed in adult care homes, except where rule-making authority is assigned to the Secretary.

History

(1973, c. 476, s. 148; c. 1090, s. 2; c. 1224, s. 3; 1981, c. 614, s. 10; 1981 (Reg. Sess., 1982), c. 1388, s. 3; 1983 (Reg. Sess., 1984), c. 1022, s. 6; 1987, c. 34; 1991, c. 490, s. 4; 1997-443, s. 11A.118(a); 1999-334, ss. 3.6, 3.7.)

Modification of Electrical Requirements Rule to Allow Hospitals to Use Compressed Natural Gas as Emergency Fuel. - Session Laws 2013-365, s. 9(a)-(e), provides: "(a) Definitions. - 'Electrical Requirements Rule' means 10A NCAC 13B.6227 (Licensing of Hospitals: Electrical Requirements) for purposes of this section and its implementation.

"(b) Electrical Requirements Rule. - Until the effective date of the revised permanent rule that the Medical Care Commission is required to adopt pursuant to Section 9(c) of this act, the Commission and the Department of Health and Human Services shall implement the Electrical Requirements Rule, as provided in Section 9(c) of this act.

"(c) Implementation. - Notwithstanding subdivision (2) of subsection (f) of the Electrical Requirements Rule, the Commission shall authorize facilities licensed by the Department to use bi-fuel generators that operate with both liquid fuel and natural gas (methane) that is not stored on the site, provided that the natural gas is delivered via pipe or pipeline by a natural gas utility. These bi-fuel generators shall be exempt from liquid fuel capacity standards established by the Commission. Bi-fuel generators that operate on both liquid and other gaseous fuels, including propane and butane, that are stored on the site shall also be authorized, provided that the combined capacity of both liquid and gaseous fuels meet minimum on-site fuel requirements established by the Commission. The Commission may adopt rules to require a licensed facility with a bi-fuel generator to develop a contingency plan for liquid fuel delivery onto the site in the event of a natural gas (methane) supply disruption.

"(d) Additional Rule-Making Authority. - The Commission shall adopt a rule to replace the Electrical Requirements Rule. Notwithstanding G.S. 150B-19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 9(c) of this act. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2).

"(e) Effective Date. - Subsection (b) of this section expires when permanent rules to replace subsection (b) of this section have become effective, as provided by subsection (c) of this section."

Editor's Note. - As to nursing home licensure, see now G.S. 131E-100 et seq. Article 26 of Chapter 130, referred to in this section, was repealed by Session Laws 1983, c. 891, s. 1. As to regulation of ambulance services, see now G.S. 131E-155 et seq. Articles 13 and 13A of Chapter 131, referred to in this section, were repealed by Session Laws 1983, c. 775, s. 1. As to health care facilities and services, see now G.S. 131E-1 et seq. Section 150B-13, referred to in this section, was repealed by Session Laws 1991, c. 418, s. 5. As to rule making, see now G.S. 150B-18 et seq.

Session Laws 1991, c. 490, which added subdivision (12), in s. 7, provides "Nothing in this act shall apply to specified accident, specified disease, hospital indemnity, or long-term care health insurance policies."

Session Laws 1999-386, s. 4, effective August 4, 1999, provides that, notwithstanding the requirements of G.S. 131E-8, G.S. 131E-13, G.S. 131E-14, G.S. 153A-176, and Article 12 of Chapter 160A of the General Statutes, and any past compliance or failure to comply with those requirements, the prior conveyance by a municipality as defined in G.S. 131E-6(5), or by a hospital authority as defined in G.S. 131E-16(14), of a hospital facility that currently serves as collateral in a transaction involving North Carolina Medical Care Commission bonds issued under Part 10 of Article 3 of Chapter 143B of the General Statutes is hereby validated. Section 5 of the act provides that Section 4 shall not apply to litigation pending on or before the effective date.

§ 143B-166. North Carolina Medical Care Commission - members; selection; quorum; compensation.

The North Carolina Medical Care Commission of the Department of Health and Human Services shall consist of 17 members appointed by the Governor. Three of the members appointed by the Governor shall be nominated by the North Carolina Medical Society, one member shall be nominated by the North Carolina Nurses Association, one member shall be nominated by the North Carolina Pharmaceutical Association, one member nominated by the Duke Foundation and one member nominated by the North Carolina Hospital Association. The remaining 10 members of the North Carolina Medical Care Commission shall be appointed by the Governor and selected so as to fairly represent agriculture, industry, labor, and other interest groups in North Carolina. One such member appointed by the Governor shall be a dentist licensed to practice in North Carolina and one such member appointed by the Governor shall be an individual affiliated with a nonprofit Continuing Care Retirement Community licensed pursuant to Article 64 of Chapter 58 of the General Statutes. The initial members of the Commission shall be 18 members of the North Carolina Medical Care Commission who shall serve for a period equal to the remainder of their current terms on the North Carolina Medical Care Commission, six of whose appointments expire June 30, 1973, four of whose appointments expire June 30, 1974, four of whose appointments expire June 30, 1975, and four of whose appointments expire June 30, 1976. To achieve the required 17 members the Governor shall appoint three members to the Commission upon the expiration of four members' initial terms on June 30, 1973. At the end of the respective terms of office of the initial members of the Commission, their successors shall be appointed for terms of four years and until their successors are appointed and qualify. Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term.

The Governor shall have the power to remove any member of the Commission from office for misfeasance, malfeasance or nonfeasance in accordance with the provisions of G.S. 143B-13 of the Executive Organization Act of 1973.

Vacancies on said Commission among the membership nominated by a society, association, or foundation as hereinabove provided shall be filled by the Executive Committee or other authorized agent of said society, association or foundation until the next meeting of the society, association or foundation at which time the society, association or foundation shall nominate a member to fill the vacancy for the unexpired term.

The members of the Commission shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.

A majority of the Commission shall constitute a quorum for the transaction of business.

All clerical and other services required by the Commission shall be supplied by the Secretary of Health and Human Services.

History

(1973, c. 476, s. 149; c. 1090, s. 2; 1997-443, s. 11A.118(a); 2019-240, s. 23(a).)

Editor's Note. - Session Laws 2019-240, s. 23(b), provides: "The individual affiliated with a nonprofit Continuing Care Retirement Community, as described in subsection (a) of this section, shall be appointed to fill the next vacancy occurring after the effective date of this act in an appointed position held by a representative of agriculture, industry, labor, or other interest group."

Effect of Amendments. - Session Laws 2019-240, s. 23(a), effective November 6, 2019, added "and one such member appointed by the Governor shall be an individual affiliated with a nonprofit Continuing Care Retirement Community licensed pursuant to Article 64 of Chapter 58 of the General Statutes" at the end of the fourth sentence of the first paragraph.

§ 143B-167. North Carolina Medical Care Commission - regular and special meetings.

The North Carolina Medical Care Commission shall meet at least once in each quarter and may hold special meetings at any time and place within the State at the call of the chairman or upon the written request of at least nine members.

History

(1973, c. 476, s. 150; c. 1090, s. 2.)

§ 143B-168. North Carolina Medical Care Commission - officers.

The North Carolina Medical Care Commission shall have a chairman and vice-chairman. The chairman shall be designated by the Governor from among the members of the Commission to serve as chairman at his pleasure. The vice-chairman shall be elected by and from the members of the Commission and shall serve for a term of two years or until the expiration of his regularly appointed term.

History

(1973, c. 476, s. 151; c. 1090, s. 2.)

PART 10A. CHILD DAY-CARE COMMISSION.

[Child Care Commission.]

§ 143B-168.1: Repealed by Session Laws 1987, c. 788, s. 23.

Cross References. - As to child care, see G.S. 110-85 et seq.

As to the Child Care Commission, see G.S. 143B-168.3.

§ 143B-168.2: Repealed by Session Laws 1987, c. 788, s. 24.

Cross References. - As to child care, see G.S. 110-85 et seq.

As to the Child Care Commission, see G.S. 143B-168.3.

§ 143B-168.3. Child Care Commission - powers and duties.

1. The Child Day-Care Licensing Commission of the Department of Administration is transferred, recodified, and renamed the Child Care Commission of the Department of Health and Human Services with the power and duty to adopt rules to be followed in the licensing and operation of child care facilities as provided by Article 7 of Chapter 110 of the General Statutes.
2. The Child Care Commission shall adopt rules:
   1. For the issuance of licenses to any child care facility; and
   2. To adopt rules as provided by Article 7 of Chapter 110 of the General Statutes of the State of North Carolina, and to establish standards for enhanced program licenses, as authorized by G.S. 110-88(7).
3. The Commission shall adopt rules consistent with the provisions of this Chapter. All rules not inconsistent with the provisions of this Chapter heretofore adopted by the Child Day-Care Licensing Commission shall remain in full force and effect unless and until repealed or superseded by action of the Child Care Commission. All rules and regulations adopted by the Commission shall be enforced by the Department of Health and Human Services.

History

(1985, c. 757, s. 155(a); 1987, c. 788, ss. 25, 26; 1997-443, s. 11A.118(a); 1997-456, s. 27; 1997-506, s. 56.)

Consolidation of Early Childhood Education and Care. - For provisions regarding the Task Force on the Consolidation of Early Childhood Education and Care under Session Laws 2009-451, s. 10.7A, and the later Joint Legislative Study Committee on the Consolidation of Early Childhood Education and Care under Session Laws 2010-152, ss. 27.1 through 27.3, see the notes under this catchline at G.S. 143B-138.1 and G.S. 143B-168.10.

Editor's Note. - Session Laws 1985, c. 757, s. 155(q) provides: "The statutory authority, powers, duties, and functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and purchasing, of the North Carolina Day Care Licensing Commission of the Department of Administration is transferred to the Department of Human Resources. The statutory authority, powers, duties, and functions, records, personnel, property, unexpended balances of appropriations, allocations, or other funds, including the functions of budgeting and purchasing, of the Office of Day Care Licensing of the Department of Administration and of the Office of Day Care Services of the Department of Human Resources, are transferred to the Division of Facility Services of the Department of Human Resources. Any disputes arising out of this transfer shall be resolved by the Governor pursuant to G.S. 143B-4."

The first, undesignated, paragraph of this section was renumbered as subsection (a), and subsection (a) was renumbered as subsection (a1) pursuant to S.L. 1997-456, s. 27 which authorized the Revisor of Statutes to renumber or reletter sections and parts of sections having a number or letter designation that is incompatible with the General Assembly's computer database.

Session Laws 2011-145, s. 10.7(b), provides: "The Childcare Commission shall adopt rules for programmatic standards for regulation of prekindergarten classrooms. The Commission shall review and approve comprehensive, evidenced-based early childhood curricula with a reading component. These curricula shall be added to the currently approved 'More At Four' curricula."

Session Laws 2011-145, s. 10.7(d)-(j), as amended by Session Laws 2012-13, s. 2(a), (b), provides: "(d) The additional curricula approved and taught in prekindergarten classrooms shall also be taught in four- and five-star rated facilities in the non-prekindergarten four-year-old classrooms. The Child Care Commission shall increase standards in the four- and five-star-rated facilities for the purpose of placing an emphasis on early reading. The Commission shall require the four- and five-star-rated facilities to teach from the Commission's approved curricula. The Division of Child Development may use funds from the Child Care Development Fund Block Grant to assist with the purchase of curricula or adjust rates of reimbursements to cover increased costs.

"(e) The Division of Child Development and Early Education shall adopt a policy to encourage all prekindergarten classrooms to blend private pay families with prekindergarten subsidized children in the same manner that regular subsidy children are blended with private pay children. The Division may implement a waiver or transition period for the public classrooms.

"(f) The Division of Child Development and Early Education shall establish income eligibility requirements for the program not to exceed seventy-five percent (75%) of the State median income. Up to twenty percent (20%) of children enrolled may have family incomes in excess of seventy-five percent (75%) of median income if they have other designated risk factors. Furthermore, any age-eligible child who is a child of either of the following shall be eligible for the program: (i) an active duty member of the Armed Forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the Armed Forces, who was ordered to active duty by the proper authority within the last 18 months or is expected to be ordered within the next 18 months or (ii) a member of the Armed Forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the Armed Forces, who was injured or killed while serving on active duty. Eligibility determinations for prekindergarten participants may continue through local education agencies and local North Carolina Partnership for Children, Inc., partnerships.

"(g) The Division of Child Development and Early Education (DCDEE) shall adopt policies that improve the quality of childcare for subsidized children. The DCDEE shall phase in a new policy in which child care subsidies will be paid, to the extent possible, for child care in the higher quality centers and homes only. The DCDEE shall define higher quality, and subsidy funds shall not be paid for one- or two-star-rated facilities. For those counties with an inadequate number of three-, four-, and five-star-rated facilities, the DCDEE shall establish a transition period that allows the facilities to continue to receive subsidy funds while the facilities work on the increased star ratings. The DCDEE may allow exemptions in counties where there is an inadequate number of three-, four-, and five-star-rated facilities for nonstar-rated programs, such as religious programs.

"(h) Repealed by Session Laws 2012-13, s. 2(b), effective June 11, 2012.

"(i) All prekindergarten classrooms regulated pursuant to this section shall be required to participate in the Subsidized Early Education for Kids (SEEK) accounting system to streamline the payment function for these classrooms with a goal of eliminating duplicative systems and streamlining the accounting and payment processes among the subsidy reimbursement systems. Prekindergarten funds transferred may be used to add these programs to SEEK.

"(j) Based on market analysis and within funds available, the Division of Child Development and Early Education shall establish reimbursement rates based on newly increased requirements of four- and five-star-rated facilities and the higher teacher standards within the prekindergarten class rooms, specifically More At Four teacher standards, when establishing the rates of reimbursements. Additionally, the prekindergarten curriculum day shall cover six and one-half to 10 hours daily and no less than 10 months per year. The public classrooms will have a one-year transition period to become licensed through the Division of Child Development and may continue to operate prekindergarten, formerly 'More At Four,' classrooms during the 2011-2012 fiscal year."

Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'"

Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium."

Session Laws 2011-145, s. 32.5, is a severability clause.

§ 143B-168.4. Child Care Commission - members; selection; quorum.

1. The Child Care Commission of the Department of Health and Human Services shall consist of 17 members. Nine of the members shall be appointed by the Governor and eight by the General Assembly, four upon the recommendation of the President Pro Tempore of the Senate, and four upon the recommendation of the Speaker of the House of Representatives. Four of the members appointed by the Governor, two by the General Assembly on the recommendation of the President Pro Tempore of the Senate, and two by the General Assembly on the recommendation of the Speaker of the House of Representatives, shall be members of the public who are not employed in, or providing, child care and who have no financial interest in a child care facility. Two of the foregoing public members appointed by the Governor, one of the foregoing public members recommended by the President Pro Tempore of the Senate, and one of the foregoing public members recommended by the Speaker of the House of Representatives shall be parents of children receiving child care services. Of the remaining two public members appointed by the Governor, one shall be a pediatrician currently licensed to practice in North Carolina. Three of the members appointed by the Governor shall be child care providers, one of whom shall be affiliated with a for-profit child care center, one of whom shall be affiliated with a for-profit family child care home, and one of whom shall be affiliated with a nonprofit facility. Two of the members appointed by the Governor shall be early childhood education specialists. Two of the members appointed by the General Assembly on the recommendation of the President Pro Tempore of the Senate, and two by the General Assembly on recommendation of the Speaker of the House of Representatives, shall be child care providers, one affiliated with a for-profit child care facility, and one affiliated with a nonprofit child care facility. None of the members may be employees of the State.
2. Members shall be appointed as follows:
   1. Of the Governor's initial appointees, five shall be appointed for terms expiring June 30, 2020, and four shall be appointed for terms expiring June 30, 2021.
   2. Of the General Assembly's initial appointees appointed upon recommendation of the President Pro Tempore of the Senate, two shall be appointed for terms expiring June 30, 2020, and two shall be appointed for terms expiring June 30, 2021.
   3. Of the General Assembly's initial appointees appointed upon recommendation of the Speaker of the House of Representatives, two shall be appointed for terms expiring June 30, 2020, and two shall be appointed for terms expiring June 30, 2021.
3. A vacancy occurring during a term of office is filled:
   1. By the Governor, if the Governor made the initial appointment;
   2. By the General Assembly, if the General Assembly made the initial appointment in accordance with G.S. 120-122.

Appointments by the General Assembly shall be made in accordance with G.S. 120-121. After the initial appointees' terms have expired, all members shall be appointed to serve two-year terms. Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term.

At its first meeting the Commission members shall elect a Chair to serve a term expiring June 30, 2020. A successor Chair shall be elected for two-year terms thereafter. The same member may serve as Chair for two consecutive terms.

Commission members may be removed pursuant to G.S. 143B-13(d).

Commission members may be reappointed and may succeed themselves for a maximum of four consecutive terms.

The Commission shall meet quarterly, and at other times at the call of the Chair or upon written request of at least six members.

The members of the Commission shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5. A majority of the Commission shall constitute a quorum for the transaction of business.

All clerical and other services required by the Commission shall be supplied by the Secretary of Health and Human Services.

History

(1985, c. 757, s. 155(a); 1987 (Reg. Sess., 1988), c. 896; 1989, c. 342; 1995, c. 490, s. 10; 1997-443, s. 11A.118(a); 1997-506, s. 57; 2011-145, s. 10.7(c); 2013-360, s. 12B.1(h); 2013-363, s. 4.2; 2019-32, s. 3.)

NC Pre-K Program. - Session Laws 2013-360, s. 12B.1(a)-(g), provides: "(a) Eligibility. - The Department of Health and Human Services, Division of Child Development and Early Education, shall continue implementing the prekindergarten program (NC Pre-K). The NC Pre-K program shall serve children who are four years of age on or before August 31 of the program year. In determining eligibility, the Division shall establish income eligibility requirements for the program not to exceed seventy-five percent (75%) of the State median income. Up to twenty percent (20%) of children enrolled may have family incomes in excess of seventy-five percent (75%) of median income if those children have other designated risk factors. Furthermore, any age-eligible child who is a child of either of the following shall be eligible for the program: (i) an active duty member of the Armed Forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the Armed Forces who was ordered to active duty by the proper authority within the last 18 months or is expected to be ordered within the next 18 months or (ii) a member of the Armed Forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the Armed Forces who was injured or killed while serving on active duty. Eligibility determinations for prekindergarten participants may continue through local education agencies and local North Carolina Partnership for Children, Inc., partnerships.

"(b) Multiyear Contracts. - The Division of Child Development and Early Education shall require the NC Pre-K contractor to issue multiyear contracts for licensed private child care centers providing NC Pre-K classrooms.

"(c) Programmatic Standards. - All entities operating prekindergarten classrooms shall adhere to all of the policies prescribed by the Division of Child Development and Early Education regarding programmatic standards and classroom requirements.

"(d) NC Pre-K Committees. - The Division of Child Development and Early Education shall establish a standard decision-making process to be used by local NC Pre-K committees in awarding prekindergarten classroom slots and student selection.

"(e) SEEK. - All prekindergarten classrooms shall be required to participate in the Subsidized Early Education for Kids (SEEK) accounting system to streamline the payment function for these classrooms with a goal of eliminating duplicative systems and streamlining the accounting and payment processes among the subsidy reimbursement systems. Prekindergarten funds transferred may be used to add these programs to SEEK.

"(f) Pilot Program. - The Division of Child Development and Early Education shall create a pilot program that provides funding for NC Pre-K classrooms on a per classroom basis. The pilot program shall include three different NC Pre-K contractual regions that are geographically diverse. The local NC Pre-K administrator shall contract with the provider for operation of a classroom established pursuant to the pilot program. The Division shall provide a report on the status of the pilot program to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division no later than January 31, 2014. The report shall include the following:

"(1) The number of students served.

"(2) The amount of funds paid for each classroom.

"(3) The amount of funds paid per student.

"(4) The attendance information on students in the pilot program as compared to those students in a classroom having a traditional funding structure.

"(5) Information on the number of students and students' families using the Subsidized Early Education for Kids (SEEK) system.

"(6) A cost comparison of the classroom pilots to the average cost per student through the per student funding methodology.

"(g) Reporting. - The Division of Child Development and Early Education shall submit an annual report no later than March 15 of each year to the Joint Legislative Commission on Governmental Operations, the Joint Legislative Oversight Committee on Health and Human Services, the Office of State Budget and Management, and the Fiscal Research Division. The report shall include the following:

"(1) The number of children participating in the NC Pre-K program by county.

"(2) The number of children participating in the NC Pre-K program who have never been served in other early education programs such as child care, public or private preschool, Head Start, Early Head Start, or early intervention programs.

"(3) The expected NC Pre-K expenditures for the programs and the source of the local contributions.

"(4) The results of an annual evaluation of the NC Pre-K program."

Session Laws 2015-241, s. 12B.1, as amended by Session Laws 2016-94, s. 12B.1, provides: "(a) Eligibility. - The Department of Health and Human Services, Division of Child Development and Early Education, shall continue implementing the prekindergarten program (NC Pre-K). The NC Pre-K program shall serve children who are four years of age on or before August 31 of the program year. In determining eligibility, the Division shall establish income eligibility requirements for the program not to exceed seventy-five percent (75%) of the State median income. Up to twenty percent (20%) of children enrolled may have family incomes in excess of seventy-five percent (75%) of median income if those children have other designated risk factors. Furthermore, any age-eligible child who is a child of either of the following shall be eligible for the program: (i) an active duty member of the Armed Forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the Armed Forces who was ordered to active duty by the proper authority within the last 18 months or is expected to be ordered within the next 18 months or (ii) a member of the Armed Forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the Armed Forces who was injured or killed while serving on active duty. Eligibility determinations for prekindergarten participants may continue through local education agencies and local North Carolina Partnership for Children, Inc., partnerships.

"Other than developmental disabilities or other chronic health issues, the Division shall not consider the health of a child as a factor in determining eligibility for participation in the NC Pre-K program.

"(b) Multiyear Contracts. - The Division of Child Development and Early Education shall require the NC Pre-K contractor to issue multiyear contracts for licensed private child care centers providing NC Pre-K classrooms.

"(b1) Building Standards. - Notwithstanding G.S. 110-91(4), private child care facilities and public schools operating prekindergarten classrooms shall meet the building standards for preschool students as provided in G.S. 115C-521.1.

"(c) Programmatic Standards. - Except as provided in subsection (b1) of this section, entities operating prekindergarten classrooms shall adhere to all of the policies prescribed by the Division of Child Development and Early Education regarding programmatic standards and classroom requirements.

"(d) NC Pre-K Committees. - Local NC Pre-K committees shall use the standard decision-making process developed by the Division of Child Development and Early Education in awarding prekindergarten classroom slots and student selection.

"(e) Reporting. - The Division of Child Development and Early Education shall submit an annual report no later than March 15 of each year to the Joint Legislative Oversight Committee on Health and Human Services, the Office of State Budget and Management, and the Fiscal Research Division. The report shall include the following:

"(1) The number of children participating in the NC Pre-K program by county.

"(2) The number of children participating in the NC Pre-K program who have never been served in other early education programs such as child care, public or private preschool, Head Start, Early Head Start, or early intervention programs.

"(3) The expected NC Pre-K expenditures for the programs and the source of the local contributions.

"(4) The results of an annual evaluation of the NC Pre-K program.

"(f) Audits. - The administration of the NC Pre-K program by local partnerships shall be subject to the financial and compliance audits authorized under G.S. 143B-168.14(b)."

Session Laws 2017-57, s. 11B.1(a)-(f), provides: "(a) Eligibility. - The Department of Health and Human Services, Division of Child Development and Early Education, shall continue implementing the prekindergarten program (NC Pre-K). The NC Pre-K program shall serve children who are four years of age on or before August 31 of the program year. In determining eligibility, the Division shall establish income eligibility requirements for the program not to exceed seventy-five percent (75%) of the State median income. Up to twenty percent (20%) of children enrolled may have family incomes in excess of seventy-five percent (75%) of median income if those children have other designated risk factors. Furthermore, any age-eligible child who is a child of either of the following shall be eligible for the program: (i) an active duty member of the Armed Forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the Armed Forces who was ordered to active duty by the proper authority within the last 18 months or is expected to be ordered within the next 18 months, or (ii) a member of the Armed Forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the Armed Forces who was injured or killed while serving on active duty. Eligibility determinations for NC Pre-K participants may continue through local education agencies and local North Carolina Partnership for Children, Inc., partnerships.

"Other than developmental disabilities or other chronic health issues, the Division shall not consider the health of a child as a factor in determining eligibility for participation in the NC Pre-K program.

"(b) Multiyear Contracts. - The Division of Child Development and Early Education shall require the NC Pre-K contractor to issue multiyear contracts for licensed private child care centers providing NC Pre-K classrooms.

"(b1) Building Standards. - Notwithstanding G.S. 110-91(4), private child care facilities and public schools operating NC Pre-K classrooms shall meet the building standards for preschool students as provided in G.S. 115C-521.1.

"(c) Programmatic Standards. - Except as provided in subsection (b1) of this section, entities operating NC Pre-K classrooms shall adhere to all of the policies prescribed by the Division of Child Development and Early Education regarding programmatic standards and classroom requirements.

"(d) NC Pre-K Committees. - Local NC Pre-K committees shall use the standard decision-making process developed by the Division of Child Development and Early Education in awarding NC Pre-K classroom slots and student selection.

"(e) Reporting. - The Division of Child Development and Early Education shall submit an annual report no later than March 15 of each year to the Joint Legislative Oversight Committee on Health and Human Services, the Office of State Budget and Management, and the Fiscal Research Division. The report shall include the following:

"(1) The number of children participating in the NC Pre-K program by county.

"(2) The number of children participating in the NC Pre-K program who have never been served in other early education programs such as child care, public or private preschool, Head Start, Early Head Start, or early intervention programs.

"(3) The expected NC Pre-K expenditures for the programs and the source of the local contributions.

"(4) The results of an annual evaluation of the NC Pre-K program.

"(f) Audits. - The administration of the NC Pre-K program by local partnerships shall be subject to the financial and compliance audits authorized under G.S. 143B-168.14(b)."

Editor's Note. - Session Laws 2013-360, s. 12B.1(j), as added by Session Laws 2013-363, s. 4.3, provides: "The Department of Health and Human Services, Division of Child Development and Early Education, may exempt from licensure requirements public classrooms currently participating in the NC Pre-K program that are not yet licensed by the Division. In making its decision to exempt a public classroom from the licensure requirements, the Division shall review the available capacity of other licensed facilities in the geographic area. All public classrooms participating in the NC Pre-K program shall be licensed by the Division no later than July 1, 2014."

Session Laws 2013-360, s. 12B.1(k), as added by Session Laws 2014-100, s. 12B.6, provides: "(k) The administration of the NC Pre K program by local partnerships shall be subject to the biennial financial and compliance audits authorized under G.S. 143B-168.14(b)."

Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'"

Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium."

Session Laws 2013-360, s. 38.5, is a severability clause.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.'"

Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year."

Session Laws 2016-94, s. 39.7, is a severability clause.

Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'"

Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium."

Session Laws 2017-57, s. 39.6, is a severability clause.

Session Laws 2019-32, s. 7, provides: "This act becomes effective July 1, 2019. All rules, regulations, and decisions made by the predecessor boards and authorities reconstituted in this act shall remain in full force and effect until and unless duly modified by the successor entities."

Effect of Amendments. - Session Laws 2011-145, s. 10.7(c), effective July 1, 2011, in subsection (a), in the first sentence, substituted "17 members" for "15 members," in the second sentence, substituted "10" for "eight" and twice substituted "five" for "four," and added the next-to-last sentence.

Session Laws 2013-360, s. 12B.1(h), effective July 1, 2013, substituted "2015" for "1986" and "2016" for "1987" in subsection (b).

Session Laws 2013-363, s. 4.2, effective July 1, 2013, inserted "Pro Tempore" in subdivision (b)(2); and substituted "three" for "two" in subdivisions (b)(2) and (b)(3).

Session Laws 2019-32, s. 3, in subsection (a), substituted "nine" for "seven", "eight" for "10", and "four" for "five" in the second sentence, inserted the seventh sentence, deleted the former ninth sentence, and inserted "of the members" preceding "may be employees" in the last sentence; in subsection (b), substituted "2020" for "2015" and "2021" for "2016" throughout; in subdivision (b)(1), substituted "five" for "four" and "four" for "three"; substituted "two" for "three" in subdivisions (b)(2) and (b)(3); in subsection (c), substituted "Chair" for "chairman" throughout, substituted "term expiring June 30, 2020. A successor Chair shall" for "two-year term. Chairman shall", and added the second paragraph of (c); and made minor stylistic changes. For effective date and applicability, see editor's note.

§ 143B-168.5. Child Care - special unit.

There is established within the Department of Health and Human Services, Division of Child Development and Early Education, a special unit to deal primarily with violations involving child abuse and neglect in child care arrangements. The Child Care Commission shall make rules for the investigation of reports of child abuse or neglect and for administrative action when child abuse or neglect is substantiated, pursuant to G.S. 110-88(6a), 110-105, 110-105.3, 110-105.4, 110-105.5, and 110-105.6.

History

(1985, c. 757, s. 156(r); 1991, c. 273, s. 12; 1997-443, s. 11A.118(a); 1997-506, s. 58; 2017-102, s. 23.)

Effect of Amendments. - Session Laws 2017-102, s. 23, effective July 12, 2017, added "Division of Child Development and Early Education," and substituted "110-105.3, 110-105.4, 110-105.5, and 110-105.6." for "and 110-105.2."

§§ 143B-168.6 through 143B-168.9: Reserved for future codification purposes.

PART 10B. EARLY CHILDHOOD INITIATIVES.

§ 143B-168.10. Early childhood initiatives; findings.

The General Assembly finds, upon consultation with the Governor, that every child can benefit from, and should have access to, high-quality early childhood education and development services. The economic future and well-being of the State depend upon it. To ensure that all children have access to high-quality early childhood education and development services, the General Assembly further finds that:

1. Parents have the primary duty to raise, educate, and transmit values to young preschool children;
2. The State can assist parents in their role as the primary caregivers and educators of young preschool children; and
3. There is a need to explore innovative approaches and strategies for aiding parents and families in the education and development of young preschool children.

History

(1993, c. 321, s. 254(a); 1998-212, s. 12.37B(a).)

Smart Start Performance Audit. - Session Laws 1997-443, s. 11.55(b), provides: "Notwithstanding any provision of Part 10B of Article 3 of Chapter 143B of the General Statutes or any other provision of law or policy, the Department of Human Resources and the North Carolina Partnership for Children, Inc., jointly shall continue to implement the recommendations contained in the Smart Start Performance Audit prepared pursuant to Section 27A(1)b. of Chapter 324 of the 1995 Session Laws, as modified by Section 24.29 of Chapter 18 of the Session Laws, Second Extra Session 1996. The North Carolina Partnership for Children, Inc., shall continue to report quarterly to the Joint Legislative Commission on Governmental Operations on its progress toward full implementation of the modified audit recommendations."

"More at Four" Prekindergarten Program. - Session Laws 2005-276, s. 10.67(b)-(f), as amended by Session Laws 2006-66, s. 7.18(b)-(h), provides: "(b) The Department of Public Instruction shall continue the implementation of the 'More at Four' prekindergarten program for at-risk four-year-olds who are at risk of failure in kindergarten. The program is available statewide to all counties that choose to participate, including underserved areas. The goal of the program is to provide quality prekindergarten services to a greater number of at-risk children in order to enhance kindergarten readiness for these children. The program shall be consistent with standards and assessments established jointly by the Department of Health and Human Services and the Department of Public Instruction. The program shall include:

"(1) A process and system for identifying children at risk of academic failure.

"(2) A process and system for identifying children who are not being served in formal early education programs, such as child care, public or private preschools, Head Start, Early Head Start, early intervention programs, or other such programs, who demonstrate educational needs, and who are eligible to enter kindergarten the next school year, as well as children who are underserved.

"(3) A curriculum or several curricula that are research-based and/or built on sound instructional theory. These curricula shall: (i) focus primarily on oral language and emergent literacy; (ii) engage children through key experiences and provide background knowledge requisite for formal learning and successful reading in the early elementary years; (iii) involve active learning; (iv) promote measurable kindergarten language-readiness skills that focus on emergent literacy and mathematical skills; and (v) develop skills that will prepare children emotionally and socially for kindergarten.

"(4) An emphasis on ongoing family involvement with the prekindergarten program.

"(5) Evaluation of child progress through a statewide evaluation, as well as ongoing assessment of the children by teachers.

"(6) Guidelines for a system to reimburse local school boards and systems, private child care providers, and other entities willing to establish and provide prekindergarten programs to serve at-risk children.

"(7) A system built upon existing local school boards and systems, private child care providers, and other entities that demonstrate the ability to establish or expand prekindergarten capacity.

"(8) A quality-control system. Participating providers shall comply with standards and guidelines as established by the Department of Health and Human Services and the Department of Public Instruction. The Department may use the child care rating system to assist in determining program participation.

"(9) Standards for minimum teacher qualifications. A portion of the classroom sites initially funded shall have at least one teacher who is certified or provisionally certified in birth-to-kindergarten education.

"(10) A local contribution. Programs must demonstrate that they are accessing resources other than 'More at Four'.

"(11) A system of accountability.

"(12) Consideration of the reallocation of existing funds. In order to maximize current funding and resources, the Department of Health and Human Services and the Department of Public Instruction shall consider the reallocation of existing funds from State and local programs that provide prekindergarten-related care and services.

"(c) The Department of Public Instruction shall implement a plan to expand 'More at Four' program standards within existing resources to include four- and five-star-rated centers and schools serving four-year-olds and develop guidelines for these programs. The 'NC Prekindergarten Program Standards' initiative shall recognize four- and five-star-rated centers that choose to apply and meet equivalent 'More at Four' program standards as high quality pre-k classrooms. Classrooms meeting these standards shall, have access to training and workshops for 'More at Four' programs. Whenever expansion slots are available, these classrooms shall have first priority to receive them.

"The 'More at Four' program shall review the number of slots filled by counties on a monthly basis and shift the unfilled slots to counties with waiting lists. The shifting of slots shall occur through January 31 of each year, at which time any remaining funds for slots unfilled shall be used to meet the needs of the waiting list for subsidized child care.

"(d) The Department of Public Instruction shall submit a report by February 1, 2007, to the Joint Legislative Commission on Governmental Operations, the Joint Legislative Education Oversight Committee, the Senate Appropriations Committee on Education, the House of Representatives Appropriations Subcommittee on Education, and the Fiscal Research Division. This final report shall include the following:

"(1) The number of children participating in the program.

"(2) The number of children participating in the program who have never been served in other early education programs, such as child care, public or private preschool, Head Start, Early Head Start, or early intervention programs.

"(3) The expected expenditures for the programs and the source of the local match for each grantee.

"(4) The location of program sites and the corresponding number of children participating in the program at each site.

"(5) A comprehensive cost analysis of the program, including the cost per child served by the program.

"(6) The status of the NC Prekindergarten initiatives as outlined in this section.

"(e) For the 2005-2006 and the 2006-2007 fiscal years, the 'More at Four' program shall establish income eligibility requirements for the program not to exceed seventy-five percent (75%) of the State median income. Up to twenty percent (20%) of children enrolled may have family incomes in excess of seventy-five percent (75%) of median income if they have other designated risk factors.

"(f) The 'More at Four' program funding shall not supplant any funding for classrooms serving four-year-olds as of the 2005-2006 fiscal year. Support of existing four-year-old classrooms with 'More at Four' program funding shall be permitted when current funding is eliminated, reduced or redirected as required to meet other specified federal or State educational mandates."

"The Department of Health and Human Services, Division of Child Development, shall review and evaluate the early literacy project in Davie County and consider incorporation of this curriculum into the 'More at Four' program."

Session Laws 2007-323, s. 7.24(a)-(f), as amended by Session Laws 2008-107, s. 7.17(a) and (c), and as amended by Session Laws 2008-181, s. 49.1, provides: "(a) The Department of Public Instruction shall continue the implementation of the 'More at Four' prekindergarten program for at-risk four-year-olds who are at risk of failure in kindergarten. The program is available statewide to all counties that choose to participate, including underserved areas. The goal of the program is to provide quality prekindergarten services to a greater number of at-risk children in order to enhance kindergarten readiness for these children. The program shall be consistent with standards and assessments established jointly by the Department of Health and Human Services and the Department of Public Instruction. The program shall include:

"(1) A process and system for identifying children at risk of academic failure.

"(2) A process and system for identifying children who are not being served in formal early education programs, such as child care, public or private preschools, Head Start, Early Head Start, early intervention programs, or other such programs, who demonstrate educational needs, and who are eligible to enter kindergarten the next school year, as well as children who are underserved.

"(3) A curriculum or several curricula that are research-based and/or built on sound instructional theory. These curricula shall: (i) focus primarily on oral language and emergent literacy; (ii) engage children through key experiences and provide background knowledge requisite for formal learning and successful reading in the early elementary years; (iii) involve active learning; (iv) promote measurable kindergarten language-readiness skills that focus on emergent literacy and mathematical skills; and (v) develop skills that will prepare children emotionally and socially for kindergarten.

"(4) An emphasis on ongoing family involvement with the prekindergarten program.

"(5) Evaluation of child progress through a statewide evaluation, as well as ongoing assessment of the children by teachers.

"(6) Guidelines for a system to reimburse local school boards and systems, private child care providers, and other entities willing to establish and provide prekindergarten programs to serve at-risk children.

"(7) A system built upon existing local school boards and systems, private child care providers, and other entities that demonstrate the ability to establish or expand prekindergarten capacity.

"(8) A quality-control system. Participating providers shall comply with standards and guidelines as established by the Department of Health and Human Services and the Department of Public Instruction. The Department may use the child care rating system to assist in determining program participation.

"(9) Standards for minimum teacher qualifications. A portion of the classroom sites initially funded shall have at least one teacher who is certified or provisionally certified in birth-to-kindergarten education.

"(10) A local contribution. Programs must demonstrate that they are accessing resources other than 'More at Four.'

"(11) A system of accountability to include a yearly review. The Department shall contract with an independent research organization to produce an annual report to include longitudinal review of the program and academic, behavioral, and other child-specific outcomes. The review shall also include a test of the feasibility of conducting a quasi experimental research design with a representative sample or samples of children who complete the More at Four program every year and children of comparable demographics and grade levels that do not participate in a More at Four program. The review shall be presented to the Joint Legislative Oversight Committee on Education by January 31 of every year.

"(12) Consideration of the reallocation of existing funds. In order to maximize current funding and resources, the Department of Health and Human Services and the Department of Public Instruction shall consider the reallocation of existing funds from State and local programs that provide prekindergarten-related care and services.

"(b) The Department of Public Instruction shall implement a plan to expand 'More at Four' program standards within existing resources to include four- and five-star-rated centers and schools serving four-year-olds and develop guidelines for these programs. The 'NC Prekindergarten Program Standards' initiative shall recognize four- and five-star-rated centers that choose to apply and meet equivalent 'More at Four' program standards as high quality pre-k classrooms. Classrooms meeting these standards shall have access to training and workshops for 'More at Four' programs. Whenever expansion slots are available, these classrooms shall have first priority to receive them.

"The 'More at Four' program shall review the number of slots filled by counties on a monthly basis and shift the unfilled slots to counties with waiting lists. The shifting of slots shall occur through January 31 of each year, at which time any remaining funds for slots unfilled shall be used to meet the needs of the waiting list for subsidized child care.

"(c) The Department of Public Instruction shall submit a report by February 1, 2008, to the Joint Legislative Commission on Governmental Operations, the Joint Legislative Education Oversight Committee, the Senate Appropriations Committee on Education, the House of Representatives Appropriations Subcommittee on Education, and the Fiscal Research Division. This final report shall include the following:

"(1) The number of children participating in the program.

"(2) The number of children participating in the program who have never been served in other early education programs, such as child care, public or private preschool, Head Start, Early Head Start, or early intervention programs.

"(3) The expected expenditures for the programs and the source of the local match for each grantee.

"(4) The location of program sites and the corresponding number of children participating in the program at each site.

"(5) A comprehensive cost analysis of the program, including the cost per child served by the program.

"(6) The status of the NC Prekindergarten initiatives as outlined in this section.

"(d) For the 2007-2008 and the 2008-2009 fiscal years, the 'More at Four' program shall establish income eligibility requirements for the program not to exceed seventy-five percent (75%) of the State median income. Up to twenty percent (20%) of children enrolled may have family incomes in excess of seventy-five percent (75%) of median income if they have other designated risk factors. Furthermore, any age-eligible child of (i) an active duty member of the armed forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the armed forces, who is ordered to active duty by the proper authority within the last 18 months or expected to be ordered within the next 18 months, or (ii) a member of the armed forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the armed forces, who was injured or killed while serving on active duty, shall be eligible for the program.

"(e) The 'More at Four' program funding shall not supplant any funding for classrooms serving four-year-olds as of the 2005-2006 fiscal year. Support of existing four-year-old classrooms with 'More at Four' program funding shall be permitted when current funding is eliminated, reduced, or redirected as required to meet other specified federal or State educational mandates.

"(f) If a county is unable to increase 'More at Four' slots because of a documented lack of available resources necessary to provide the required local contribution for the additional slots allocated to the county for the 2007-2008 fiscal year or the 2008-2009 fiscal year, the contract agency for that county may appeal to the Office of School Readiness for an exception to the required local amount for those additional slots. The Office of School Readiness may grant an exception and allot funds to pay up to ninety percent (90%) of the full cost of the additional slots for that county if it finds that (i) there is in fact a documented lack of available resources in the county and (ii) granting the exception will not reduce access statewide to 'More at Four' slots."

Transfer More at Four Program and Office of School Readiness to the Department of Public Instruction. - Session Laws 2006-66, s. 7.18(a), effective July 1, 2006, provides: "The More at Four program and the Office of School Readiness are transferred from the Office of the Governor to the Department of Public Instruction effective July 1, 2006. This transfer shall have all of the elements of a Type I transfer, as defined in G.S. 143A-6. The Office of School Readiness will provide oversight to the More at Four program and other related early childhood and prekindergarten education experiences. An Executive Director for the Office of School Readiness will be appointed by the State Board of Education."

Smart Start Funding Study. - Session Laws 2004-161, ss. 35.1 to 35.13, established the Smart Start Funding Study Commission.

Session Laws 2004-161, s. 35.4, provides: "Duties of Commission. - The Commission shall study the funding of the North Carolina Partnership for Children, Inc. In conducting the study, the Commission shall consider the following:

"(1) The current funding system of the North Carolina Partnership for Children, Inc.

"(2) Any strategies for achieving full funding and full service for North Carolina's young children and families.

"(3) Funding equity among all counties and local partnerships.

"(4) Any other information the Commission deems relevant."

Session Laws 2004-161, s. 35.12, provides: "Report. - The Commission shall make its findings and recommendations in a final report to the 2005 General Assembly. Upon the earlier of the filing of its final report or the convening of the 2005 General Assembly, the Commission shall terminate."

Session Laws 2005-276, s. 10.65(a) and (b), provides: "(a) The North Carolina Partnership for Children, Inc., shall study its allocation of funds to local partnerships. The North Carolina Partnership for Children, Inc., shall study funding equity among all counties and local partnerships based on population, the number of children from birth to five years of age residing in the county region, economic indicators, and the quality of existing child care. The North Carolina Partnership for Children, Inc., shall develop strategies to alleviate the inequity of funds to local partnerships.

"(b) The North Carolina Partnership for Children, Inc., shall report its findings and recommendations to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division on or before March 1, 2006."

Office of School Readiness. - Session Laws 2005-276, s. 10.68(a)-(d), provides: "The Department of Health and Human Services, the Department of Public Instruction, and the Office of the Governor shall establish a study group to develop a plan for the creation of an Office of School Readiness. In conducting the study, the study group shall identify all State programs impacting children's readiness for school and the ways in which these State programs currently coordinate. The study shall include a survey of other states to determine organizational structures that exist to manage prekindergarten programs, child care licensure and regulation, and other early childhood-related programs. The study group shall also study the advantages or disadvantages of transferring the 'More at Four' program to the Department of Public Instruction or the Department of Health and Human Services and any advantages or disadvantages the transfer may have on children being served by the 'More at Four' program.

"After conducting the study, the study group shall develop a recommendation for the structure of North Carolina's prekindergarten and other early childhood-related programs and develop a plan for the implementation of these recommendations.

"Effective when this act becomes law, early childhood-related programs, including the 'More at Four' program, Head Start program, and child care licensure and regulation, shall remain in their current departments until the General Assembly approves the plan.

"The study group shall report the results of its study to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division by March 1, 2006."

Costs and Procedures for Early Childhood Education and Development Initiatives Enhancements. - Session Laws 2015-241, s. 12B.7, provides: "(a) Policies. - The North Carolina Partnership for Children, Inc., and its Board shall ensure policies focus on the North Carolina Partnership for Children, Inc.'s mission of improving child care quality in North Carolina for children from birth to five years of age. North Carolina Partnership for Children, Inc.-funded activities shall include assisting child care facilities with (i) improving quality, including helping one-, two-, and three-star-rated facilities increase their star ratings, and (ii) implementing prekindergarten programs. State funding for local partnerships shall also be used for evidence-based or evidence-informed programs for children from birth to five years of age that do the following:

"(1) Increase children's literacy.

"(2) Increase the parents' ability to raise healthy, successful children.

"(3) Improve children's health.

"(4) Assist four- and five-star-rated facilities in improving and maintaining quality.

"(b) Administration. - Administrative costs shall be equivalent to, on an average statewide basis for all local partnerships, not more than eight percent (8%) of the total statewide allocation to all local partnerships. For purposes of this subsection, administrative costs shall include costs associated with partnership oversight, business and financial management, general accounting, human resources, budgeting, purchasing, contracting, and information systems management. The North Carolina Partnership for Children, Inc., shall continue using a single statewide contract management system that incorporates features of the required standard fiscal accountability plan described in G.S. 143B-168.12(a)(4). All local partnerships are required to participate in the contract management system and, directed by the North Carolina Partnership for Children, Inc., to collaborate, to the fullest extent possible, with other local partnerships to increase efficiency and effectiveness.

"(c) Salaries. - The salary schedule developed and implemented by the North Carolina Partnership for Children, Inc., shall set the maximum amount of State funds that may be used for the salary of the Executive Director of the North Carolina Partnership for Children, Inc., and the directors of the local partnerships. The North Carolina Partnership for Children, Inc., shall base the schedule on the following criteria:

"(1) The population of the area serviced by a local partnership.

"(2) The amount of State funds administered.

"(3) The amount of total funds administered.

"(4) The professional experience of the individual to be compensated.

"(5) Any other relevant factors pertaining to salary, as determined by the North Carolina Partnership for Children, Inc.

"The salary schedule shall be used only to determine the maximum amount of State funds that may be used for compensation. Nothing in this subsection shall be construed to prohibit a local partnership from using non-State funds to supplement an individual's salary in excess of the amount set by the salary schedule established under this subsection.

"(d) Match Requirements. - The North Carolina Partnership for Children, Inc., and all local partnerships shall, in the aggregate, be required to match one hundred percent (100%) of the total amount budgeted for the program in each fiscal year of the 2015-2017 biennium. Of the funds the North Carolina Partnership for Children, Inc., and the local partnerships are required to match, contributions of cash shall be equal to at least twelve percent (12%) and in-kind donated resources shall be equal to no more than five percent (5%) for a total match requirement of seventeen percent (17%) for the 2015-2016 fiscal year; and contributions of cash shall be equal to at least thirteen percent (13%) and in-kind donated resources shall be equal to no more than six percent (6%) for a total match requirement of nineteen percent (19%) for the 2016-2017 fiscal year. The North Carolina Partnership for Children, Inc., may carry forward any amount in excess of the required match for a fiscal year in order to meet the match requirement of the succeeding fiscal year. Only in-kind contributions that are quantifiable shall be applied to the in-kind match requirement. Volunteer services may be treated as an in-kind contribution for the purpose of the match requirement of this subsection. Volunteer services that qualify as professional services shall be valued at the fair market value of those services. All other volunteer service hours shall be valued at the statewide average wage rate as calculated from data compiled by the Division of Employment Security of the Department of Commerce in the Employment and Wages in North Carolina Annual Report for the most recent period for which data are available. Expenses, including both those paid by cash and in-kind contributions, incurred by other participating non-State entities contracting with the North Carolina Partnership for Children, Inc., or the local partnerships, also may be considered resources available to meet the required private match. In order to qualify to meet the required private match, the expenses shall:

"(1) Be verifiable from the contractor's records.

"(2) If in-kind, other than volunteer services, be quantifiable in accordance with generally accepted accounting principles for nonprofit organizations.

"(3) Not include expenses funded by State funds.

"(4) Be supplemental to and not supplant preexisting resources for related program activities.

"(5) Be incurred as a direct result of the Early Childhood Initiatives Program and be necessary and reasonable for the proper and efficient accomplishment of the Program's objectives.

"(6) Be otherwise allowable under federal or State law.

"(7) Be required and described in the contractual agreements approved by the North Carolina Partnership for Children, Inc., or the local partnership.

"(8) Be reported to the North Carolina Partnership for Children, Inc., or the local partnership by the contractor in the same manner as reimbursable expenses.

"Failure to obtain a seventeen-percent (17%) match by June 30 of the 2015-2016 fiscal year and a nineteen-percent (19%) match by June 30 of the 2016-2017 fiscal year shall result in a dollar-for-dollar reduction in the appropriation for the Program for a subsequent fiscal year. The North Carolina Partnership for Children, Inc., shall be responsible for compiling information on the private cash and in-kind contributions into a report that is submitted to the Joint Legislative Oversight Committee on Health and Human Services in a format that allows verification by the Department of Revenue. The same match requirements shall apply to any expansion funds appropriated by the General Assembly.

"(e) Bidding. - The North Carolina Partnership for Children, Inc., and all local partnerships shall use competitive bidding practices in contracting for goods and services on contract amounts as follows:

"(1) For amounts of five thousand dollars ($5,000) or less, the procedures specified by a written policy as developed by the Board of Directors of the North Carolina Partnership for Children, Inc.

"(2) For amounts greater than five thousand dollars ($5,000), but less than fifteen thousand dollars ($15,000), three written quotes.

"(3) For amounts of fifteen thousand dollars ($15,000) or more, but less than forty thousand dollars ($40,000), a request for proposal process.

"(4) For amounts of forty thousand dollars ($40,000) or more, a request for proposal process and advertising in a major newspaper.

"(f) Allocations. - The North Carolina Partnership for Children, Inc., shall not reduce the allocation for counties with less than 35,000 in population below the 2012-2013 funding level.

"(g) Performance-Based Evaluation. - The Department of Health and Human Services shall continue to implement the performance-based evaluation system.

"(h) Expenditure Restrictions. - The Department of Health and Human Services and the North Carolina Partnership for Children, Inc., shall ensure that the allocation of funds for Early Childhood Education and Development Initiatives for the 2015-2017 fiscal biennium shall be administered and distributed in the following manner:

"(1) Capital expenditures are prohibited for the 2015-2017 fiscal biennium. For the purposes of this section, 'capital expenditures' means expenditures for capital improvements as defined in G.S. 143C-1-1(d)(5).

"(2) Expenditures of State funds for advertising and promotional activities are prohibited for the 2015-2017 fiscal biennium.

"For the 2015-2017 fiscal biennium, local partnerships shall not spend any State funds on marketing campaigns, advertising, or any associated materials. Local partnerships may spend any private funds the local partnerships receive on those activities."

For prior similar provisions, see Session Laws 2001-424, s. 21.75(a)-(c), Session Laws 2004-284, s. 10.38(a)-(k), Session Laws 2005-276, s. 10.64(a)-(g), Session Laws 2007-323, s. 10.19(a)-(g), Session Laws 2009-451, s. 10.7(a)-(g), as amended by Session Laws 2010-31, s. 10.3; and Session Laws 2013-360, s. 12B.9(a)-(i), as amended by Session Laws 2014-100, s. 12B.2(a).

Consolidation of Early Childhood Education and Care. - Session Laws 2009-451, s. 10.7A(a)-(k), provides: "(a) Intent. - It is the intent of the General Assembly that not later than July 1, 2010, certain agencies and programs relating to early childhood education and care shall be consolidated.

"(b) Task Force Established. - There is established the Joint Legislative Task Force on the Consolidation of Early Childhood Education and Care (Task Force). The Department of Health and Human Services and the Department of Public Instruction shall work with the Task Force to develop a Consolidation Plan (Plan) to implement the Plan as approved by the 2010 Regular Session of the 2009 General Assembly.

"(c) Task Force Membership. - Appointments to the Task Force shall be as follows:

"a. Three members of the House of Representatives appointed by the Speaker of the House of Representatives.

"b. Three members of the Senate appointed by the President Pro Tempore of the Senate.

"c. Three members appointed by the Governor.

"d. Any additional ad hoc members the Governor deems beneficial to achieve the goals of the Task Force.

"Appointments to the Task Force shall be made no later than September 1, 2009.

"Vacancies in the Task Force or a vacancy as chair of the Task Force resulting from the resignation of a member or otherwise shall be filled in the same manner in which the original appointment was made.

"(d) Duties of the Task Force. -

"(1) In consultation with the Department of Health and Human Services and the Department of Public Instruction, develop a Plan for a highly coordinated and efficient system of early childhood education and care.

"(2) Not later than January 15, 2010, establish and appoint a transition team to implement the Plan approved by the General Assembly. The transition team shall be responsible for guiding the transition from the multiagency/multiprogram system now in place to a consolidated system and to ensure continuity and quality of existing services to young children, families, and early childhood programs and personnel.

"(3) Adhere to the following principles in the development and implementation of the Plan approved by the General Assembly:

"a. Ensuring high quality programs.

"b. Ensuring core functions remain intact.

"c. Maintaining the strengths and effectiveness of each program.

"d. Identifying and proposing efficiencies.

"e. Identifying needed improvements.

"f. Streamlining administrative savings.

"g. Promoting a seamless delivery of services from birth through kindergarten.

"h. Any other principles the Task Force deems relevant.

"(4) Consider the following agencies and functions for consolidation:

"a. The North Carolina Partnership for Children, Inc.

"b. The More at Four program.

"c. Title I Prekindergarten programs.

"d. Preschool Exceptional Children.

"e. Early Intervention programs.

"f. Head Start Collaboration.

"g. Child Care Regulatory and Subsidy.

"h. Licensing and Regulatory Functions.

"i. Workforce Professional Development and Recognition.

"j. Quality Initiatives.

"(5) Consult with appropriate State departments, agencies, and board representatives on issues related to early childhood education and care.

"(6) In developing the Plan, review and consider the proposal included in Ensuring School Readiness for North Carolina's Children: Bringing the Parts Together to Create an Integrated Early Care and Education System, November 2004.

"(e) Chair; Meetings. - The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall each designate one member to serve as cochair of the Task Force.

"The cochairs shall call the initial meeting of the Task Force on or before October 1, 2009. The Task Force shall subsequently meet upon such notice and in such manner as its members determine. A majority of the members of the Task Force shall constitute a quorum.

"(f) Expenses of Members. - Members of the Task Force shall receive per diem, subsistence, and travel allowances in accordance with G.S. 120-3.1, 138-5, or 138-6, as appropriate.

"(g) Cooperation by Government Agencies. - The Task Force may call upon any department, agency, institution, or officer of the State or any political subdivision thereof for facilities, data, or other assistance.

"(h) Report. - The Task Force shall report its findings and recommendations by March 15, 2010, to the Joint Legislative Commission on Governmental Operations, the House of Representatives Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, the House of Representatives Subcommittee on Education, the Senate Appropriations Committee on Education, and the Fiscal Research Division. The Task Force shall terminate upon filing its final report.

"(i) Proposal. - After reviewing the report submitted by the Task Force, the House of Representatives Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Education, and the Senate Appropriations Committee on Education shall develop language and a budget proposal by May 30, 2010, to present to the 2010 Regular Session of the 2009 General Assembly to implement the consolidation of early childhood education and care programs, which consolidation shall become effective July 1, 2010.

"(j) Funding. - The Legislative Services Officer shall allocate funds to carry out the duties of the Task Force.

"(k) Effective Date. - This section becomes effective July 1, 2009. Effective July 1, 2010, the Consolidation, as contained in the Plan approved by the 2010 Regular Session of the 2009 General Assembly, shall be implemented."

Session Laws 2010-152, ss. 27.1 through 27.3, provide: "SECTION 27.1. Committee Established. - There is created the Joint Legislative Study Committee on the Consolidation of Early Childhood Education and Care. The Committee shall consist of 18 members to be appointed as follows:

"(1) Five members of the House of Representatives appointed by the Speaker of the House of Representatives.

"(2) Five members of the Senate appointed by the President Pro Tempore of the Senate.

"(3) Seven ex-officio nonvoting members as follows:

"a. The Secretary of the Department of Health and Human Services.

"b. The Chairman of the State Board of Education.

"c. The President of the North Carolina Partnership for Children, Inc.

"d. The Executive Director of the Office of Early Learning at the Department of Public Instruction.

"e. The Director of the Head Start State Collaboration Office at the Office of Early Learning at the Department of Public Instruction.

"f. The President of the Child Care Services Association.

"g. The Executive Director of the North Carolina Licensed Child Care Association.

"(4) A developmental pediatrician appointed by the Governor as a nonvoting member.

"The Speaker of the House of Representatives shall designate one Representative as cochair, and the President Pro Tempore of the Senate shall designate one Senator as cochair. Vacancies on the Committee shall be filled by the same appointing authority making the initial appointment.

"The Committee, while in the discharge of its official duties, may exercise all powers provided for under G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4. The Committee may meet at any time upon the joint call of the cochairs. The Committee may meet in the Legislative Building or the Legislative Office Building. The Committee may contract for professional, clerical, or consultant services as provided by G.S. 120-32.02.

"The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Committee in its work. The House of Representatives and the Senate's Directors of Legislative Assistants shall assign clerical staff to the Committee, and the expenses relating to the clerical employees shall be borne by the Committee. Members of the Committee shall receive subsistence and travel expenses at the rates set forth in G.S. 120-3.1, 138-5, or 138-6, as appropriate.

"SECTION 27.2. Duties. - The Committee shall continue the work of the Task Force on the Consolidation of Early Childhood Education and Care created under S.L. 2009-451 by continuing to work toward the development of an integrated system of early childhood education and care. To that end, the Committee may consult with and receive reports from the appropriate State departments, agencies, and board representatives on issues related to early childhood education and care and consider any other issues the Committee deems relevant.

"SECTION 27.3. Report. - The Commission may make a final report, including any proposed legislation, to the 2011 General Assembly upon its convening. The Commission shall terminate upon filing its final report or upon the convening of the 2011 General Assembly, whichever is earlier."

Continuation of More at Four Program. - Session Laws 2010-31, s. 7.5(a) and (b), provides: "(a) The Department of Public Instruction shall continue the implementation of the More at Four prekindergarten program for four-year-olds who are at risk for school failure in all counties. The State prekindergarten program shall serve children who reach the age of four on or before August 31 of that school year and who meet eligibility criteria that indicate a child's risk for school failure. Prekindergarten classrooms shall be operated in public schools, Head Start programs, and licensed child care facilities that choose to participate under procedures defined by the Office of Early Learning within the Department of Public Instruction. All such classrooms shall be subject to the supervision of the Office of Early Learning and shall be operated in accordance with standards adopted by the State Board of Education.

"(b) The Office of Early Learning shall specify program standards and requirements addressing:

"(1) Early learning standards and curricula;

"(2) Teacher education and specialized training;

"(3) Teacher in-service training and professional development;

"(4) Maximum class size;

"(5) Staff-child ratio;

"(6) Screenings, referrals, and support services;

"(7) Meals; and

"(8) Monitoring of sites to demonstrate adherence to State programs standards."

Session Laws 2010-31, s. 7.5(c) was codified as part of G.S. 115C-12(25b).

Session Laws 2010-31, s. 7.5(d)-(f), provides: "(d) The Office of Early Learning shall establish income eligibility requirements for the program not to exceed seventy-five percent (75%) of the State median income. Up to twenty percent (20%) of children enrolled may have family incomes in excess of seventy-five percent (75%) of median income if they have other designated risk factors. Furthermore, any age-eligible child of (i) an active duty member of the armed forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the armed forces, who is ordered to active duty by the proper authority within the last 18 months or expected to be ordered within the next 18 months or (ii) a member of the armed forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the armed forces, who was injured or killed while serving on active duty, shall be eligible for the program.

"(e) The More at Four program funding shall not supplant any funding for classrooms serving four-year-olds as of the 2005-2006 fiscal year. Support of existing four-year-old classrooms with More at Four program funding shall be permitted when current funding is eliminated, reduced, or redirected as required to meet other specified federal or State mandates.

"(f) The Office of Early Learning shall develop a new More at Four funding model to be implemented in the 2010-2011 fiscal year. The per-child funding rates shall be based on participating provider cost structures and shall require a contribution of local resources to support the full cost of providing high quality prekindergarten. The Office of Early Learning shall implement an administrative cap on More at Four program funding and shall establish parameters for allowable administrative costs."

Session Laws 2010-31, s. 7.5(g) was codified as part of G.S. 115C-12(25b).

Session Laws 2010-31, s. 7.5(h) provides: "(h) To consolidate all of the regulatory functions regarding the monitoring of early care and education providers in certain private settings, it is the intent of the General Assembly that the Department of Health and Human Services and the Department of Public Instruction authorize Division of Child Development staff to assume the regulatory functions of the More at Four program in private classroom settings. The Department of Public Instruction shall provide Division of Child Development staff with the training necessary to monitor compliance with the More at Four program. The Division of Child Development shall continue its current licensing functions for those classrooms voluntarily licensed in public settings."

For related reporting requirements by the State Board and the Office of Early Learning, see G.S. 115C-12(25b).

Consolidation of More at Four Program into Division of Child Development. - Session Laws 2011-145, s. 10.7(a), as amended by Session Laws 2011-391, s. 22, provides: "The Department of Public Instruction, Office of Early Learning, and the Department of Health and Human Services are directed to consolidate the More At Four program into the Division of Child Development. The Division of Child Development is renamed the Division of Child Development and Early Education (DCDEE). The DCDEE is directed to maintain the More At Four program's high programmatic standards and ensure services are provided statewide. The Department of Health and Human Services shall assume the functions of the regulation and monitoring system and payment and reimbursement system for the More At Four program.

"All regulation and monitoring functions shall begin July 1, 2011. The More At Four program shall be designated as 'prekindergarten' on the five-star rating scale. All references to 'prekindergarten' in this section shall refer to the program previously titled the 'More At Four' program. All references to 'non-prekindergarten' shall refer to all four- and five-star rated facilities.

"The Office of State Budget and Management shall transfer positions to the Department of Health and Human Services to assume the regulation, monitoring, and accounting functions within the Division of Child Development's Regulatory Services Section. This transfer shall have all the elements of a Type I transfer as defined in G.S. 143A-6. All funds transferred pursuant to this section shall be used for the funding of prekindergarten slots for four-year-olds and for the management of the program. The DCDEE shall use a portion of the funds to provide necessary services for recruitment, eligibility determination, and child placement within local communities. These services shall be conducted by local partnerships that choose to offer the services. The Department of Health and Human Services shall incorporate eight consultant positions into the regulation and accounting sections of DCDEE, eliminate the remaining positions, and use position elimination savings for the purpose of funding prekindergarten students. DCDEE may use funds from the transfer of the More At Four program for continuing the teacher mentoring program and contracting for the environmental rating scale assessments."

Session Laws 2011-145, s. 10.7(b), provides: "The Childcare Commission shall adopt rules for programmatic standards for regulation of prekindergarten classrooms. The Commission shall review and approve comprehensive, evidenced-based early childhood curricula with a reading component. These curricula shall be added to the currently approved 'More At Four' curricula."

Session Laws 2011-145, s. 10.7(d)-(j), as amended by Session Laws 2012-13, s. 2(a), (b), provides: "(d) The additional curricula approved and taught in prekindergarten classrooms shall also be taught in four- and five-star rated facilities in the non-prekindergarten four-year-old classrooms. The Child Care Commission shall increase standards in the four- and five-star-rated facilities for the purpose of placing an emphasis on early reading. The Commission shall require the four- and five-star-rated facilities to teach from the Commission's approved curricula. The Division of Child Development may use funds from the Child Care Development Fund Block Grant to assist with the purchase of curricula or adjust rates of reimbursements to cover increased costs.

"(e) The Division of Child Development and Early Education shall adopt a policy to encourage all prekindergarten classrooms to blend private pay families with prekindergarten subsidized children in the same manner that regular subsidy children are blended with private pay children. The Division may implement a waiver or transition period for the public classrooms.

"(f) The Division of Child Development and Early Education shall establish income eligibility requirements for the program not to exceed seventy-five percent (75%) of the State median income. Up to twenty percent (20%) of children enrolled may have family incomes in excess of seventy-five percent (75%) of median income if they have other designated risk factors. Furthermore, any age-eligible child who is a child of either of the following shall be eligible for the program: (i) an active duty member of the Armed Forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the Armed Forces, who was ordered to active duty by the proper authority within the last 18 months or is expected to be ordered within the next 18 months or (ii) a member of the Armed Forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the Armed Forces, who was injured or killed while serving on active duty. Eligibility determinations for prekindergarten participants may continue through local education agencies and local North Carolina Partnership for Children, Inc., partnerships.

"(g) The Division of Child Development and Early Education (DCDEE) shall adopt policies that improve the quality of childcare for subsidized children. The DCDEE shall phase in a new policy in which child care subsidies will be paid, to the extent possible, for child care in the higher quality centers and homes only. The DCDEE shall define higher quality, and subsidy funds shall not be paid for one- or two-star-rated facilities. For those counties with an inadequate number of three-, four-, and five-star-rated facilities, the DCDEE shall establish a transition period that allows the facilities to continue to receive subsidy funds while the facilities work on the increased star ratings. The DCDEE may allow exemptions in counties where there is an inadequate number of three-, four-, and five-star-rated facilities for nonstar-rated programs, such as religious programs.

"(h) Repealed by Session Laws 2012-13, s. 2(b), effective June 11, 2012.

"(i) All prekindergarten classrooms regulated pursuant to this section shall be required to participate in the Subsidized Early Education for Kids (SEEK) accounting system to streamline the payment function for these classrooms with a goal of eliminating duplicative systems and streamlining the accounting and payment processes among the subsidy reimbursement systems. Prekindergarten funds transferred may be used to add these programs to SEEK.

"(j) Based on market analysis and within funds available, the Division of Child Development and Early Education shall establish reimbursement rates based on newly increased requirements of four- and five-star-rated facilities and the higher teacher standards within the prekindergarten class rooms, specifically More At Four teacher standards, when establishing the rates of reimbursements. Additionally, the prekindergarten curriculum day shall cover six and one-half to 10 hours daily and no less than 10 months per year. The public classrooms will have a one-year transition period to become licensed through the Division of Child Development and may continue to operate prekindergarten, formerly 'More At Four,' classrooms during the 2011-2012 fiscal year."

NC Pre-K Program. - Session Laws 2012-142, s. 10.1(a)-(c) and (d)-(f), provides: "(a) The Division of Child Development and Early Education shall require the NC Pre-K contractor to issue multiple-year contracts for licensed private child care centers providing NC Pre-K classrooms.

"(b) The Division of Child Development and Early Education (Division) shall create a pilot program that provides funding for NC Pre-K classrooms on a per classroom basis. The pilot program shall include three different NC Pre-K contractual regions that are geographically diverse. The local NC Pre-K administrator shall contract with the provider for operation of a classroom established pursuant to the pilot program. The Division shall report to the House of Representatives Appropriations Subcommittee on Health and Human Services, the Senate Appropriations•ase Budget Committee on Health and Human Services, and the Fiscal Research Division on the pilot program no later than January 31, 2013. The report shall include the following:

"(1) The number of students served.

"(2) The amount of funds paid for each classroom.

"(3) The amount of funds paid per student.

"(4) The attendance information on students in the pilot program as compared to those students in a classroom having a traditional funding structure.

"(5) Information on the number of students and students' families using the Subsidized Early Education for Kids (SEEK) system.

"(6) A cost comparison of the classroom pilots to the average cost per student through the per student funding methodology.

"(c) The Division of Child Development and Early Education shall continue the implementation of the NC Pre-K program. The NC Pre-K program shall serve children who reach the age of four on or before August 31 of that school year and who meet eligibility criteria.

"(d) Other than developmental disabilities or other chronic health issues, the Division of Child Development and Early Education shall not consider the health of a child as a factor in determining eligibility for participation in the NC Pre-K program.

"(e) All entities operating NC Pre-K classrooms shall adhere to all of the policies prescribed by the Division of Child Development and Early Education regarding programmatic standards and classroom requirements.

"(f) The Division of Child Development and Early Education shall establish a standard decision-making process to be used by local NC Pre-K committees in awarding NC Pre-K classroom slots and student selection."

Session Laws 2013-360, s. 12B.1(k), as added by Session Laws 2014-100, s. 12B.6, provides: "(k) The administration of the NC Pre-K program by local partnerships shall be subject to the biennial financial and compliance audits authorized under G.S. 143B 168.14(b)."

Session Laws 2013-360, s. 12B.1(a)-(g), provides: "(a) Eligibility. - The Department of Health and Human Services, Division of Child Development and Early Education, shall continue implementing the prekindergarten program (NC Pre-K). The NC Pre-K program shall serve children who are four years of age on or before August 31 of the program year. In determining eligibility, the Division shall establish income eligibility requirements for the program not to exceed seventy-five percent (75%) of the State median income. Up to twenty percent (20%) of children enrolled may have family incomes in excess of seventy-five percent (75%) of median income if those children have other designated risk factors. Furthermore, any age-eligible child who is a child of either of the following shall be eligible for the program: (i) an active duty member of the Armed Forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the Armed Forces who was ordered to active duty by the proper authority within the last 18 months or is expected to be ordered within the next 18 months or (ii) a member of the Armed Forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the Armed Forces who was injured or killed while serving on active duty. Eligibility determinations for prekindergarten participants may continue through local education agencies and local North Carolina Partnership for Children, Inc., partnerships.

"Other than developmental disabilities or other chronic health issues, the Division shall not consider the health of a child as a factor in determining eligibility for participation in the NC Pre-K program.

"(b) Multiyear Contracts. - The Division of Child Development and Early Education shall require the NC Pre-K contractor to issue multiyear contracts for licensed private child care centers providing NC Pre-K classrooms.

"(c) Programmatic Standards. - All entities operating prekindergarten classrooms shall adhere to all of the policies prescribed by the Division of Child Development and Early Education regarding programmatic standards and classroom requirements.

"(d) NC Pre-K Committees. - The Division of Child Development and Early Education shall establish a standard decision-making process to be used by local NC Pre-K committees in awarding prekindergarten classroom slots and student selection.

"(e) SEEK. - All prekindergarten classrooms shall be required to participate in the Subsidized Early Education for Kids (SEEK) accounting system to streamline the payment function for these classrooms with a goal of eliminating duplicative systems and streamlining the accounting and payment processes among the subsidy reimbursement systems. Prekindergarten funds transferred may be used to add these programs to SEEK.

"(f) Pilot Program. - The Division of Child Development and Early Education shall create a pilot program that provides funding for NC Pre-K classrooms on a per classroom basis. The pilot program shall include three different NC Pre-K contractual regions that are geographically diverse. The local NC Pre-K administrator shall contract with the provider for operation of a classroom established pursuant to the pilot program. The Division shall provide a report on the status of the pilot program to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division no later than January 31, 2014. The report shall include the following:

"(1) The number of students served.

"(2) The amount of funds paid for each classroom.

"(3) The amount of funds paid per student.

"(4) The attendance information on students in the pilot program as compared to those students in a classroom having a traditional funding structure.

"(5) Information on the number of students and students' families using the Subsidized Early Education for Kids (SEEK) system.

"(6) A cost comparison of the classroom pilots to the average cost per student through the per student funding methodology.

"(g) Reporting. - The Division of Child Development and Early Education shall submit an annual report no later than March 15 of each year to the Joint Legislative Commission on Governmental Operations, the Joint Legislative Oversight Committee on Health and Human Services, the Office of State Budget and Management, and the Fiscal Research Division. The report shall include the following:

"(1) The number of children participating in the NC Pre-K program by county.

"(2) The number of children participating in the NC Pre-K program who have never been served in other early education programs such as child care, public or private preschool, Head Start, Early Head Start, or early intervention programs.

"(3) The expected NC Pre-K expenditures for the programs and the source of the local contributions.

"(4) The results of an annual evaluation of the NC Pre-K program."

Session Laws 2015-241, s. 12B.1, as amended by Session Laws 2016-94, s. 12B.1, provides: "(a) Eligibility. - The Department of Health and Human Services, Division of Child Development and Early Education, shall continue implementing the prekindergarten program (NC Pre-K). The NC Pre-K program shall serve children who are four years of age on or before August 31 of the program year. In determining eligibility, the Division shall establish income eligibility requirements for the program not to exceed seventy-five percent (75%) of the State median income. Up to twenty percent (20%) of children enrolled may have family incomes in excess of seventy-five percent (75%) of median income if those children have other designated risk factors. Furthermore, any age-eligible child who is a child of either of the following shall be eligible for the program: (i) an active duty member of the Armed Forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the Armed Forces who was ordered to active duty by the proper authority within the last 18 months or is expected to be ordered within the next 18 months or (ii) a member of the Armed Forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the Armed Forces who was injured or killed while serving on active duty. Eligibility determinations for prekindergarten participants may continue through local education agencies and local North Carolina Partnership for Children, Inc., partnerships.

"Other than developmental disabilities or other chronic health issues, the Division shall not consider the health of a child as a factor in determining eligibility for participation in the NC Pre-K program.

"(b) Multiyear Contracts. - The Division of Child Development and Early Education shall require the NC Pre-K contractor to issue multiyear contracts for licensed private child care centers providing NC Pre-K classrooms.

"(b1) Building Standards. - Notwithstanding G.S. 110-91(4), private child care facilities and public schools operating prekindergarten classrooms shall meet the building standards for preschool students as provided in G.S. 115C-521.1.

"(c) Programmatic Standards. - Except as provided in subsection (b1) of this section, entities operating prekindergarten classrooms shall adhere to all of the policies prescribed by the Division of Child Development and Early Education regarding programmatic standards and classroom requirements.

"(d) NC Pre-K Committees. - Local NC Pre-K committees shall use the standard decision-making process developed by the Division of Child Development and Early Education in awarding prekindergarten classroom slots and student selection.

"(e) Reporting. - The Division of Child Development and Early Education shall submit an annual report no later than March 15 of each year to the Joint Legislative Oversight Committee on Health and Human Services, the Office of State Budget and Management, and the Fiscal Research Division. The report shall include the following:

"(1) The number of children participating in the NC Pre-K program by county.

"(2) The number of children participating in the NC Pre-K program who have never been served in other early education programs such as child care, public or private preschool, Head Start, Early Head Start, or early intervention programs.

"(3) The expected NC Pre-K expenditures for the programs and the source of the local contributions.

"(4) The results of an annual evaluation of the NC Pre-K program.

"(f) Audits. - The administration of the NC Pre-K program by local partnerships shall be subject to the financial and compliance audits authorized under G.S. 143B-168.14(b)."

Session Laws 2017-57, s. 11B.1(a)-(f), provides: "(a) Eligibility. - The Department of Health and Human Services, Division of Child Development and Early Education, shall continue implementing the prekindergarten program (NC Pre-K). The NC Pre-K program shall serve children who are four years of age on or before August 31 of the program year. In determining eligibility, the Division shall establish income eligibility requirements for the program not to exceed seventy-five percent (75%) of the State median income. Up to twenty percent (20%) of children enrolled may have family incomes in excess of seventy-five percent (75%) of median income if those children have other designated risk factors. Furthermore, any age-eligible child who is a child of either of the following shall be eligible for the program: (i) an active duty member of the Armed Forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the Armed Forces who was ordered to active duty by the proper authority within the last 18 months or is expected to be ordered within the next 18 months, or (ii) a member of the Armed Forces of the United States, including the North Carolina National Guard, State military forces, or a reserve component of the Armed Forces who was injured or killed while serving on active duty. Eligibility determinations for NC Pre-K participants may continue through local education agencies and local North Carolina Partnership for Children, Inc., partnerships.

"Other than developmental disabilities or other chronic health issues, the Division shall not consider the health of a child as a factor in determining eligibility for participation in the NC Pre-K program.

"(b) Multiyear Contracts. - The Division of Child Development and Early Education shall require the NC Pre-K contractor to issue multiyear contracts for licensed private child care centers providing NC Pre-K classrooms.

"(b1) Building Standards. - Notwithstanding G.S. 110-91(4), private child care facilities and public schools operating NC Pre-K classrooms shall meet the building standards for preschool students as provided in G.S. 115C-521.1.

"(c) Programmatic Standards. - Except as provided in subsection (b1) of this section, entities operating NC Pre-K classrooms shall adhere to all of the policies prescribed by the Division of Child Development and Early Education regarding programmatic standards and classroom requirements.

"(d) NC Pre-K Committees. - Local NC Pre-K committees shall use the standard decision-making process developed by the Division of Child Development and Early Education in awarding NC Pre-K classroom slots and student selection.

"(e) Reporting. - The Division of Child Development and Early Education shall submit an annual report no later than March 15 of each year to the Joint Legislative Oversight Committee on Health and Human Services, the Office of State Budget and Management, and the Fiscal Research Division. The report shall include the following:

"(1) The number of children participating in the NC Pre-K program by county.

"(2) The number of children participating in the NC Pre-K program who have never been served in other early education programs such as child care, public or private preschool, Head Start, Early Head Start, or early intervention programs.

"(3) The expected NC Pre-K expenditures for the programs and the source of the local contributions.

"(4) The results of an annual evaluation of the NC Pre-K program.

"(f) Audits. - The administration of the NC Pre-K program by local partnerships shall be subject to the financial and compliance audits authorized under G.S. 143B-168.14(b)."

"Read NC" Early Literacy Initiative. - Session Laws 2012-142, s. 10.4(a)-(e), provides: "Of the funds appropriated to the Department of Health and Human Services, Division of Child Development and Early Education, for the North Carolina Partnership for Children, Inc., the sum of three million five hundred thousand dollars ($3,500,000) for the 2012-2013 fiscal year shall be used by the North Carolina Partnership for Children, Inc., to develop and administer an early literacy initiative pilot program, to be known as 'Read NC,' hire four North Carolina Partnership for Children, Inc., development officers, and provide additional funds for rural partnerships; provided, however, the Department shall not expend the funds appropriated in this section for the 2012-2013 fiscal year until January 1, 2013, pending a determination by the Office of State Budget and Management that there is adequate funding for the Medicaid budget for the 2012-2013 fiscal year, as provided in Section 10.9G of this act. 'Read NC' will focus on increasing the early literacy skills of children who are most at risk for reading below grade level. The pilot program shall be distributed geographically to ensure adequate representation of the diverse areas of the State.

"(b) The focus of the pilot program will be to actively engage parents, child care teachers, and communities to help young children build a firm foundation for language acquisition and literacy skills. To that end, the pilot program shall do the following:

"(1) Educate parents in essential early literacy practices.

"(2) Increase the quality of early literacy programming in child care.

"(3) Increase early literacy opportunities for young children and families in community settings by incorporating the following programs:

"a. 'Reach Out and Read,' a program that supports doctors in their efforts to 'prescribe' reading to young children and families during well-child visits through early literacy guidance and book sharing, free books for children to keep, and literacy-rich waiting rooms.

"b. 'Raising a Reader' (RAR), a program that rotates bright red bags filled with award-winning books into children's homes on a weekly basis, exposing children on average to over 100 books per rotation cycle, and pairs this book rotation with parent training and information on how to effectively share books to promote family literacy habits, language and literacy skills, and a love of learning.

"c. 'Motheread/Fatheread,' a program that combines the teaching of literacy skills with child development and family empowerment issues.

"d. 'Dolly Parton Imagination Library,' a program that provides a free, age-appropriate book each month to children ages birth to five years.

"(c) The Division of Child Development and Early Education and the North Carolina Partnership for Children, Inc., shall report by April 1, 2013, to the Joint Legislative Commission on Governmental Operations, the Joint Legislative Committee on Health and Human Services, the Senate Appropriations•ase Budget Committee on Health and Human Services, and the House of Representatives Appropriations Subcommittee on Health and Human Services on the progress in complying with this section.

"(d) The North Carolina Partnership for Children, Inc., shall include in its assistance to local partnerships training and assistance with fund-raising activities. Of the funds designated under subsection (a) of this section, the North Carolina Partnership for Children, Inc., shall hire a staff of four individuals who are qualified in the areas of grant writing and fund-raising to assist local partnerships in raising the amount of non-State funds required by law. The staff hired pursuant to this subsection shall be located regionally and be accessible to participate in the various local partnerships' activities.

"(e) Of the funds designated under subsection (a) of this section, the North Carolina Partnership for Children, Inc., shall provide assistance to local partnerships located in rural areas of the State. The North Carolina Partnership for Children, Inc., shall establish eligibility criteria for the use of funds pursuant to this subsection based on child poverty, child population, and counties that are identified as being the most economically distressed."

Preschool Program for At-Risk Children. - Session Laws 2012-77, s. 3, provides: "It is a goal of the General Assembly to provide preschool programs to all at-risk children."

Editor's Note. - Session Laws 1997-443, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 1997.' "

Session Laws 1997-443, s. 35.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 1997-99 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 1997-99 fiscal biennium."

Session Laws 2000-67, s. 11.28(e), repealed Session Laws 1999-237, s. 11.48(c), which had provided that notwithstanding any provision of this Part or any other provision of law or policy, the Department of Health and Human Services and the North Carolina Partnership for Children, Inc., was to jointly continue to implement the recommendations contained in the Smart Start Performance Audit prepared pursuant to Section 27A(1)b. of Chapter 324 of the 1995 Session Laws, as modified by Section 24.29 of Chapter 18 of the Session Laws, Second Extra Session 1996.

Session Laws 2000-67, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2000'."

Session Laws 2000-67, s. 28.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2000-2001 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2000-2001 fiscal year."

Session Laws 2000-67, s. 28.4, is a severability clause.

Session Laws 2005-276, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2005'."

Session Laws 2005-276, s. 46.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2005-2007 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2005-2007 fiscal biennium."

Session Laws 2005-276, s. 46.5, is a severability clause.

Session Laws 2006-66, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2006'."

Session Laws 2006-66, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2006-2007 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2006-2007 fiscal year."

Session Laws 2006-66, s. 28.6, is a severability clause.

Session Laws 2007-323, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2007'."

Session Laws 2007-323, s. 32.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2007-2009 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2007-2009 fiscal biennium."

Session Laws 2007-323, s. 32.5, is a severability clause.

Session Laws 2009-451, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2009'."

Session Laws 2009-451, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2009-2011 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2009-2011 fiscal biennium."

Session Laws 2009-451, s. 28.5, is a severability clause.

Session Laws 2010-31, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2010'."

Session Laws 2010-31, s. 32.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2010-2011 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2010-2011 fiscal year."

Session Laws 2010-31, s. 32.6, is a severability clause.

Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'"

Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium."

Session Laws 2011-145, s. 32.5, is a severability clause.

Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'"

Session Laws 2012-142, s. 27.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year."

Session Laws 2012-142, s. 27.7, is a severability clause.

Session Laws 2013-360, s. 12B.1(i), provides: "The terms of all members currently serving on the Child Care Commission shall expire on the effective date of this act. A new Commission of 17 members shall be appointed in the manner provided by G.S. 143B-168.4(a) and (b), as amended in subsection (h) of this section. Members appointed pursuant to subsection (h) of this section shall be appointed no later than October 1, 2013."

Session Laws 2013-360, s. 12B.1(j), as added by Session Laws 2013-363, s. 4.3, provides: "The Department of Health and Human Services, Division of Child Development and Early Education, may exempt from licensure requirements public classrooms currently participating in the NC Pre-K program that are not yet licensed by the Division. In making its decision to exempt a public classroom from the licensure requirements, the Division shall review the available capacity of other licensed facilities in the geographic area. All public classrooms participating in the NC Pre-K program shall be licensed by the Division no later than July 1, 2014."

Session Laws 2013-360, s. 12B.8(a), (b), provides: "(a) In coordination with the Department of Public Instruction (DPI), the Department of Health and Human Services, Division of Child Development and Early Education (DCDEE), shall study assigning a unique student identifier to monitor, throughout their education, the performance levels of children receiving child care subsidies. The study shall be designed to provide data on the efficacy of child care facilities participating in the child care subsidy program or the North Carolina Partnership for Children, Inc. The study shall define the requirements for the following:

"(1) Establishing the unique identifier.

"(2) Collecting, maintaining, and analyzing data.

"(3) Recommending a solution that will allow for the cost-effective acquisition and maintenance of data from child care facilities.

"(4) Recommending an interface with DPI applications that monitors and analyzes student performance.

"(5) Estimating the cost for developing an interface and implementing the requirements identified in the study.

"(b) DCDEE shall report the results of the study to the Joint Legislative Committee on Health and Human Services, the Joint Legislative Education Oversight Committee, the Joint Legislative Oversight Committee on Information Technology, and the Fiscal Research Division no later than April 1, 2014."

Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'"

Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium."

Session Laws 2013-360, s. 38.5, is a severability clause.

Session Laws 2015-51, s. 1(a), (b), provides: "(a) It is the intent of the General Assembly that the Department of Health and Human Services, Division of Child Development and Early Education (DCDEE) and the Division of Social Services (DSS), implement a process requiring child care subsidy recipients to participate in child support services programs. To that end, DCDEE and DSS shall develop a plan requiring a custodial parent or other relative or person with primary custody of the child who is receiving child care subsidy payments to cooperate with county child support services programs as a condition of receiving child care subsidy payments. In developing the plan, the DCDEE and DSS shall, at a minimum, consider each of the following:

"(1) The number of child care subsidy cases that would be referred to county child support services programs.

"(2) Whether there are any disparities between child support services programs administered directly by the county department of social services versus those programs administered by a vendor through a contract with the county department of social services, specifically as related to maintaining consistent communication.

"(3) The access and exchange of information between county child support services programs/systems and child care subsidy services/systems and any differences that may create a conflict in coordinating child care subsidy payments with child support services.

"(4) Any implementation issues related to IV-D child support cases versus non-IV-D child support cases.

"(5) Any impact on the families involved and the need to incorporate good cause exceptions for cooperation with county child support services programs similar to those for Temporary Assistance for Needy Families (TANF) and Medicaid.

"(6) Any costs to implement the plan, including any automation costs associated with connecting the child care subsidy payments system to the child support payments system.

"(7) The development of any forms needed to implement the plan.

"(8) Transition time needed to implement the plan and to coordinate any interface with current systems, such as the North Carolina Automated Collection and Tracking System (NC ACTS) and North Carolina Families Accessing Services through Technology (NC FAST).

"(9) Any training needs and costs associated with training.

"(10) Other states that have implemented a similar plan as proposed in this section.

"(11) Other programs of public assistance in this State requiring coordination with child support services programs.

"(12) The need to update any current policies or procedures related to child care subsidy payments and child support payments.

"(13) Any other issues DCDEE or DSS deem relevant.

"(b) The Division of Child Development and Early Education and the Division of Social Services shall submit a report on the plan, along with any recommendations, to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division no later than February 1, 2016."

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.'"

Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year."

Session Laws 2016-94, s. 39.7, is a severability clause.

Session Laws 2017-57, s. 11B.2(a)-(d), provides: "(a) The Department of Health and Human Services, in consultation with the Department of Public Instruction and any other agencies or organizations that administer, support, or study early education in this State, and within resources currently available, shall continue to collaborate on an ongoing basis in the development and implementation of a statewide vision for early childhood education. In collaborating in this effort, the agencies shall continue developing a comprehensive approach to early childhood education, birth through third grade, including creating cross agency accountability with a comprehensive set of data indicators, including consideration of the NC Pathways to Grade-Level Reading, to monitor and measure success of the early childhood education systems.

"(b) The Department of Health and Human Services, the Department of Public Instruction, and any other agencies or organizations that administer, support, or study early education programs in this State shall submit a follow-up report of their findings and recommendations, including any legislative proposals, on the statewide vision for early childhood education pursuant to subsection (a) of this section to the Joint Legislative Oversight Committee on Health and Human Services and the Joint Legislative Education Oversight Committee on or before January 1, 2018, and may make any subsequent reports, annually, on or before January 1, as needed to those same committees.

"(c) The Department of Health and Human Services, in consultation with the Department of Public Instruction, shall continue developing a standardized program to transition children from preschool to kindergarten. In developing this standardized transition program, the Department of Health and Human Services shall identify, at a minimum:

"(1) Methods to standardize student transition information such that it is quantifiable.

"(2) Recommendations for sharing data contained in a student's transition plan between preschool teachers and either kindergarten teachers or the schools that receive the incoming kindergarten students.

"(3) Recommendations for sharing data contained in a student's transition plan between preschool teachers and the parents or guardians of the child who is transitioning to kindergarten.

"(4) Recommendations for preschool teacher training and continuing education to support their role in completing transition plans for preschool children.

"(5) Recommendations for baseline information that should be compiled in transition plans for students transitioning to kindergarten.

"(6) Procedures for the management of transition plan documents, including recommendations for the length of records retention, provisions for confidentiality, and proper disposal.

"(7) Any other components the Department deems appropriate in the provision of information between preschools, students' families, and kindergartens.

"(d) The Department of Health and Human Services shall report on the development of the standardized transition program required pursuant to subsection (c) of this section, including any findings and recommendations and any legislative proposals, to the Joint Legislative Oversight Committee on Health and Human Services and the Joint Legislative Education Oversight Committee on or before January 1, 2018."

Session Laws 2017-57, s. 11B.7(a)-(c), provides: "(a) Beginning January 1, 2018, or 30 days from the date the U.S. Department of Health and Human Services, Office of Child Care, approves the revised Child Care and Development Fund (CCDF) plan, or whichever occurs later, the Department of Health and Human Services, the Division of Child Development and Early Education (DCDEE) and the Division of Social Services (DSS), shall implement a one-year statewide demonstration project in accordance with S.L. 2015-51 requiring a custodial parent or other relative or person with primary custody of the child who is receiving child care subsidy payments to cooperate with the county child support services program as a condition of receiving child care subsidy payments. DCDEE and DSS shall conduct the demonstration project in at least three counties, but no more than six, that represent the three regions of the State in both rural and urban settings. DCDEE and DSS may solicit counties to volunteer for the demonstration project. In selecting counties to participate in the demonstration project, DCDEE and DSS shall (i) consider the various methods counties employ in receiving and processing child care subsidy applications and (ii) compare the data from the counties participating in the demonstration project to counties that are similarly sized and situated that do not participate in the demonstration project.

"(b) The statewide demonstration project shall include, at a minimum, the components described in Section 1(a) of S.L. 2015-51, as well as any criteria DCDEE and DSS identified in its report as submitted to the Joint Legislative Oversight Committee on Health and Human Services dated February 1, 2016. Specifically, as identified in that report, DCDEE and DSS shall consider, at a minimum, each of the following factors in evaluating the demonstration project:

"(1) The number and percentage of applicants for whom the requirement to participate in child support services was presented who actually submitted a child support application and applied for and received subsidized child care assistance.

"(2) The number and percentage of families exempted from the requirement under subdivision (1) of this subsection through good-cause exceptions.

"(3) The number and percentage of families that initially receive child support payments but become ineligible for subsidized child care assistance as a result of their increased income or family status.

"(4) The number and percentage of families enrolled in the subsidized child care assistance program at the beginning of the demonstration project that exit the program due to imposed requirements for child support cooperation.

"(5) The number and percentage of applicants who declined to apply or withdrew their application as a result of the requirement to cooperate with child support services.

"(6) The number and percentage of child care subsidy recipients who begin receiving child support or, if receiving child support, the average increase in the recipients' child support received due to imposed requirements for child support cooperation.

"(c) The Division of Child Development and Early Education and the Division of Social Services shall report on the results of the demonstration project to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division no later than March 1, 2019, or if the CCDF plan is approved after January 1, 2018, no later than three months from the date the one-year demonstration project is completed, whichever occurs later. The report shall include, at a minimum, each of the following:

"(1) The factors evaluated under subsection (a) of this section.

"(2) A detailed project plan and any costs associated with implementing the plan, specifically, any technology needs.

"(3) Any recommendations for or challenges with sustaining the plan long term."

Session Laws 2017-57, s. 11B.8(a)-(i), as amended by Session Laws 2018-5, s. 11B.4, provides: "(a) Policies. - The North Carolina Partnership for Children, Inc., and its Board shall ensure policies focus on the North Carolina Partnership for Children, Inc.'s mission of improving child care quality in North Carolina for children from birth to five years of age. North Carolina Partnership for Children, Inc.-funded activities shall include assisting child care facilities with (i) improving quality, including helping one-, two-, and three-star-rated facilities increase their star ratings, and (ii) implementing prekindergarten programs. State funding for local partnerships shall also be used for evidence-based or evidence-informed programs for children from birth to five years of age that do the following:

"(1) Increase children's literacy.

"(2) Increase the parents' ability to raise healthy, successful children.

"(3) Improve children's health.

"(4) Assist four- and five-star-rated facilities in improving and maintaining quality.

"(b) Administration. - Administrative costs shall be equivalent to, on an average statewide basis for all local partnerships, not more than eight percent (8%) of the total statewide allocation to all local partnerships. For purposes of this subsection, administrative costs shall include costs associated with partnership oversight, business and financial management, general accounting, human resources, budgeting, purchasing, contracting, and information systems management. The North Carolina Partnership for Children, Inc., shall continue using a single statewide contract management system that incorporates features of the required standard fiscal accountability plan described in G.S. 143B-168.12(a)(4). All local partnerships are required to participate in the contract management system and, directed by the North Carolina Partnership for Children, Inc., to collaborate, to the fullest extent possible, with other local partnerships to increase efficiency and effectiveness.

"(c) Salaries. - The salary schedule developed and implemented by the North Carolina Partnership for Children, Inc., shall set the maximum amount of State funds that may be used for the salary of the Executive Director of the North Carolina Partnership for Children, Inc., and the directors of the local partnerships. The North Carolina Partnership for Children, Inc., shall base the schedule on the following criteria:

"(1) The population of the area serviced by a local partnership.

"(2) The amount of State funds administered.

"(3) The amount of total funds administered.

"(4) The professional experience of the individual to be compensated.

"(5) Any other relevant factors pertaining to salary, as determined by the North Carolina Partnership for Children, Inc.

"The salary schedule shall be used only to determine the maximum amount of State funds that may be used for compensation. Nothing in this subsection shall be construed to prohibit a local partnership from using non-State funds to supplement an individual's salary in excess of the amount set by the salary schedule established under this subsection.

"(d) Match Requirements. - The North Carolina Partnership for Children, Inc., and all local partnerships shall, in the aggregate, be required to match one hundred percent (100%) of the total amount budgeted for the program in each fiscal year of the 2017-2019 biennium. Of the funds the North Carolina Partnership for Children, Inc., and the local partnerships are required to match, contributions of cash shall be equal to at least thirteen percent (13%) and in-kind donated resources shall be equal to no more than six percent (6%) for a total match requirement of nineteen percent (19%) for each year of the 2017-2019 fiscal biennium. The North Carolina Partnership for Children, Inc., may carry forward any amount in excess of the required match for a fiscal year in order to meet the match requirement of the succeeding fiscal year. Only in-kind contributions that are quantifiable shall be applied to the in-kind match requirement. Volunteer services may be treated as an in-kind contribution for the purpose of the match requirement of this subsection. Volunteer services that qualify as professional services shall be valued at the fair market value of those services. All other volunteer service hours shall be valued at the statewide average wage rate as calculated from data compiled by the Division of Employment Security of the Department of Commerce in the Employment and Wages in North Carolina Annual Report for the most recent period for which data are available. Expenses, including both those paid by cash and in-kind contributions, incurred by other participating non-State entities contracting with the North Carolina Partnership for Children, Inc., or the local partnerships also may be considered resources available to meet the required private match. In order to qualify to meet the required private match, the expenses shall:

"(1) Be verifiable from the contractor's records.

"(2) If in-kind, other than volunteer services, be quantifiable in accordance with generally accepted accounting principles for nonprofit organizations.

"(3) Not include expenses funded by State funds.

"(4) Be supplemental to and not supplant preexisting resources for related program activities.

"(5) Be incurred as a direct result of the Early Childhood Initiatives Program and be necessary and reasonable for the proper and efficient accomplishment of the Program's objectives.

"(6) Be otherwise allowable under federal or State law.

"(7) Be required and described in the contractual agreements approved by the North Carolina Partnership for Children, Inc., or the local partnership.

"(8) Be reported to the North Carolina Partnership for Children, Inc., or the local partnership by the contractor in the same manner as reimbursable expenses.

"Failure to obtain a nineteen-percent (19%) match by June 30 of each year of the 2017-2019 fiscal biennium shall result in a dollar-for-dollar reduction in the appropriation for the Program for a subsequent fiscal year. The North Carolina Partnership for Children, Inc., shall be responsible for compiling information on the private cash and in-kind contributions into a report that is submitted by October 1 of each year to the Joint Legislative Oversight Committee on Health and Human Services in a format that allows verification by the Department of Revenue. The same match requirements shall apply to any expansion funds appropriated by the General Assembly.

"(e) Bidding. - The North Carolina Partnership for Children, Inc., and all local partnerships shall use competitive bidding practices in contracting for goods and services on contract amounts as follows:

"(1) For amounts of five thousand dollars ($5,000) or less, the procedures specified by a written policy as developed by the Board of Directors of the North Carolina Partnership for Children, Inc.

"(2) For amounts greater than five thousand dollars ($5,000), but less than fifteen thousand dollars ($15,000), three written quotes.

"(3) For amounts of fifteen thousand dollars ($15,000) or more, but less than forty thousand dollars ($40,000), a request for proposal process.

"(4) For amounts of forty thousand dollars ($40,000) or more, a request for proposal process and advertising in a major newspaper.

"(f) Allocations. - The North Carolina Partnership for Children, Inc., shall not reduce the allocation for counties with less than 35,000 in population below the 2012-2013 funding level.

"(g) Performance-Based Evaluation. - The Department of Health and Human Services shall continue to implement the performance-based evaluation system.

"(h) Expenditure Restrictions. - Except as provided in subsection (i) of this section, the Department of Health and Human Services and the North Carolina Partnership for Children, Inc., shall ensure that the allocation of funds for Early Childhood Education and Development Initiatives for the 2017-2019 fiscal biennium shall be administered and distributed in the following manner:

"(1) Capital expenditures are prohibited for the 2017-2019 fiscal biennium. For the purposes of this section, "capital expenditures" means expenditures for capital improvements as defined in G.S. 143C-1-1(d)(5).

"(2) Expenditures of State funds for advertising and promotional activities are prohibited for the 2017-2019 fiscal biennium.

"For the 2017-2019 fiscal biennium, local partnerships shall not spend any State funds on marketing campaigns, advertising, or any associated materials. Local partnerships may spend any private funds the local partnerships receive on those activities."

"(i) Notwithstanding subsection (h) of this section, the North Carolina Partnership for Children, Inc., and local partnerships may use up to one percent (1%) of State funds for fund-raising activities. Beginning October 1, 2019, the North Carolina Partnership for Children, Inc., shall submit a report, in conjunction with the report required under subsection (d) of this section, to the Joint Legislative Oversight Committee on Health and Human Services on the use of State funds for fund-raising. The report shall include the following:

"(1) The amount of funds expended on fund-raising.

"(2) Any return on fund-raising investments.

"(3) Any other information deemed relevant."

Session Laws 2017-57, s. 11B.9(a)-(c), as amended by Session Laws 2018-5, s. 11B-5, provides: "(a) Funds allocated to the North Carolina Partnership for Children, Inc., from the Department of Health and Human Services, shall be used to increase access to Dolly Parton's Imagination Library, an early literacy program that mails age-appropriate books on a monthly basis to children registered for the program, with the intent that, upon full implementation, access to the program shall be statewide.

"(b) The North Carolina Partnership for Children, Inc., may use up to one percent (1%) of the funds for statewide program management and up to one percent (1%) of the funds for program evaluation. Funds appropriated under this section shall not be subject to administrative costs requirements under Section 11B.8(b) of this act, nor shall these funds be subject to the child care services funding requirements under G.S. 143B-168.15(b), child care subsidy expansion requirements under G.S. 143B-168.15(g), or the match requirements under Section 11B.8(d) of this act.

"(c) The North Carolina Partnership for Children, Inc., shall report on the success of the early literacy initiative, including any recommendations, to the Joint Legislative Oversight Committee on Health and Human Services by March 1, 2018. The report shall include participation rates for Dolly Parton's Imagination Library."

Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'"

Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium."

Session Laws 2017-57, s. 39.6, is a severability clause.

Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'"

Session Laws 2018-5, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2018-2019 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2018-2019 fiscal year."

Session Laws 2018-5, s. 39.7, is a severability clause.

Session Laws 2021-127, ss. 1, 2, and 2.5, provides: "SECTION 1. Notwithstanding any other provision of law to the contrary, when the Department of Health and Human Services, Division of Child Development and Early Education (Division), resumes environmental rating scale (ERS) (star rating) assessments, the Division shall not require a licensed child care facility to undergo an ERS assessment if conducting the assessment would cause the child care facility to lose a star rating due to (i) the facility's loss in educators who enabled the facility to meet the star-rating requirements and (ii) its inability to replace those educators, within a reasonable period of time, with individuals having similar levels of education.

"SECTION 2. Notwithstanding any other provision of law to the contrary, when ERS assessments resume and the Division of Child Development and Early Education (Division) is awarding quality rating improvement system (QRIS) 'education points' to a licensed child care facility toward its star rating, if the percentage of lead teachers in the program required to meet the 'rated licensed education requirements' criteria is set at seventy-five percent (75%) for the program to earn those 'education points' toward the facility's star rating, the Division shall lower the seventy-five percent (75%) threshold to fifty percent (50%) of lead teachers through June 30, 2023.

"SECTION 2.5. The Division of Child Development and Early Education shall submit a report to the Joint Legislative Oversight Committee on Health and Human Services by March 30, 2023, and the report shall include the following:

"(1) Number of new high school Early Childhood Career and Technical Pathways programs across the state between June 30, 2021, and January 31, 2023.

"(2) New community college and university courses that award college credit towards a degree in early childhood based on work experience between June 30, 2021, and January 31, 2023.

"(3) New community college and university courses that allow college credits for taking online health, safety, and nutrition training modules between June 30, 2021, and January 31, 2023..

"(4) Number of enrollees in the Early Childhood and Infant-toddler Certificate Programs, number of graduates from the programs with certificates, and the increase in the number of enrollees and graduates from the programs between June 30, 2021, and January 31, 2023.

"(5) Number of early childhood educators using T.E.A.C.H. Scholarships to pay for college tuition and the increase in the number of early childhood educators using T.E.A.C.H. scholarships to pay for college tuition between June 30, 2021, and January 31, 2023.

"(6) Availability of WAGE$ salary supplement program by county, the number of early childhood educators working toward degrees in early childhood education who received salary supplements from WAGE$, and the increase in the number of early childhood educators receiving WAGE$ salary supplements between June 30, 2021, and January 31, 2023.

"(7) The number and percentage increase of early childhood educators with associate degrees in early childhood education between June 30, 2021, and January 31, 2023.

"(8) The number and percentage increase of early childhood educators with associate degrees between June 30, 2016, and June 30, 2021."

§ 143B-168.10A. NC Pre-K Reports.

The Division of Child Development and Early Education shall submit an annual report no later than March 15 of each year to the Joint Legislative Commission on Governmental Operations, the Joint Legislative Oversight Committee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, the Office of State Budget and Management, and the Fiscal Research Division. The report shall include the following:

1. The number of children participating in the NC Pre-K program.
2. The number of children participating in the NC Pre-K program who have never been served in other early education programs, such as child care, public or private preschool, Head Start, Early Head Start, or early intervention programs.
3. The expected NC Pre-K expenditures for the programs and the source of the local contributions.
4. The results of an annual evaluation of the NC Pre-K program.

History

(2012-142, s. 10.1(g).)

Preschool Program for At-Risk Children. - Session Laws 2012-77, s. 3, provides: "It is a goal of the General Assembly to provide preschool programs to all at-risk children."

NC Pre-K Program. - Session Laws 2017-57, s. 11B.1(a)-(f), provides for continuing implementation of the NC Pre-K Program and is noted in full under G.S. 143B-168.10. For prior similar provisions, see Session Laws 2013-360, s. 12B.1(a)-(k), as amended by Session Laws 2014-100, s. 12B.6, and Session Laws 2015-241, s. 12B.1(a)-(f), as amended by Session Laws 2016-94, s. 12B.1.

Editor's Note. - Session Laws 2012-142, s. 10.1(g), effective July 1, 2012, was codified as this section at the direction of the Revisor of Statutes.

Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'"

Session Laws 2012-142, s. 27.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year."

Session Laws 2012-142, s. 27.7, is a severability clause.

Session Laws 2013-360, s. 12B.1(i), provides: "The terms of all members currently serving on the Child Care Commission shall expire on the effective date of this act. A new Commission of 17 members shall be appointed in the manner provided by G.S. 143B-168.4(a) and (b), as amended in subsection (h) of this section. Members appointed pursuant to subsection (h) of this section shall be appointed no later than October 1, 2013."

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.'"

Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year."

Session Laws 2016-94, s. 39.7, is a severability clause.

Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'"

Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium."

Session Laws 2017-57, s. 39.6, is a severability clause.

§ 143B-168.10B: Repealed by Session Laws 2018-5, s. 11B.1(a), effective July 1, 2018.

History

(2018-2, s. 7; repealed by 2018-5, s. 11B.1(a), effective July 1, 2018.)

Editor's Note. - Former G.S. 143B-168.10B pertained to the NC Prekindergarten Program Funds.

§ 143B-168.10C. Adjustments to NC Prekindergarten Program Funds.

When developing the base budget, as defined by G.S. 143C-1-1, the Director of the Budget shall include increased funding for the NC Prekindergarten (NC Pre-K) program by an additional nine million three hundred fifty thousand dollars ($9,350,000) for the 2019-2020 fiscal year and by an additional eighteen million seven hundred thousand dollars ($18,700,000) for the 2020-2021 fiscal year. An appropriation under this section is a statutory appropriation as defined in G.S. 143C-1-1(d)(28).

History

(2018-5, s. 11B.1(b).)

Editor's Note. - Session Laws 2018-5, s. 39.8, made this section effective July 1, 2018.

Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'"

Session Laws 2018-5, s. 39.7, is a severability clause.

§ 143B-168.10F. Information on NC Pre-K school options.

1. The Division of Childhood Development and Early Education of the Department of Health and Human Services shall post the following information on its website:
   1. The educational opportunities for kindergarten offered by local school administrative units.
   2. The educational opportunities for kindergarten offered by charter schools.
   3. Scholarships for enrollment in nonpublic schools provided pursuant to Part 2A of Article 39 of Chapter 115C of the General Statutes, or any successor program.
2. Facilities participating in the NC Pre-K program shall provide to all families the address of the website where the information can be found and a brief description of the information available. Upon request, a facility participating in the NC Pre-K program must furnish to a family a list of the following educational opportunities located in the same county as the NC Pre-K facility, or, if specified, any other county:
   1. The educational opportunities for kindergarten offered by local school administrative units.
   2. The educational opportunities for kindergarten offered by charter schools.
   3. Scholarships for enrollment in nonpublic schools provided pursuant to Part 2A of Article 39 of Chapter 115C of the General Statutes, or any successor program.

This information shall be indexed or searchable by county, and the Division shall update the information on June 1 each year.

History

(2021-117, s. 2(a).)

Editor's Note. - Session Laws 2021-117, s. 2(a), was codified as this section at the direction of the Revisor of Statutes.

Session Laws 2021-117, s. 2(b), made this section effective January 1, 2022.

§ 143B-168.11. Early childhood initiatives; purpose; definitions.

1. The purpose of this Part is to establish a framework whereby the General Assembly, upon consultation with the Governor, may support through financial and other means, the North Carolina Partnership for Children, Inc. and comparable local partnerships, which have as their missions the development of a comprehensive, long-range strategic plan for early childhood development and the provision, through public and private means, of high-quality early childhood education and development services for children and families. It is the intent of the General Assembly that communities be given the maximum flexibility and discretion practicable in developing their plans while remaining subject to the approval of the North Carolina Partnership and accountable to the North Carolina Partnership and to the General Assembly for their plans and for the programmatic and fiscal integrity of the programs and services provided to implement them.
2. The following definitions apply in this Part:
   1. Board of Directors. - The Board of Directors of the North Carolina Partnership for Children, Inc.
   2. Department. - The Department of Health and Human Services.
   3. Early Childhood. - Birth through five years of age.
   4. Local Partnership. - A county or regional private, nonprofit 501(c)(3) organization established to coordinate a local demonstration project, to provide ongoing analyses of their local needs that must be met to ensure that the developmental needs of children are met in order to prepare them to begin school healthy and ready to succeed, and, in consultation with the North Carolina Partnership and subject to the approval of the North Carolina Partnership, to provide programs and services to meet these needs under this Part, while remaining accountable for the programmatic and fiscal integrity of their programs and services to the North Carolina Partnership.
   5. North Carolina Partnership. - The North Carolina Partnership for Children, Inc.
   6. Secretary. - The Secretary of Health and Human Services.

History

(1993, c. 321, s. 254(a); 1993 (Reg. Sess., 1994), c. 766, s. 1; 1997-443, s. 11A.118(a); 1998-212, s. 12.37B(a).)

Editor's Note. - Subdivision (b)(2a) had been enacted as (b)(2.1) by Session Laws 1998-212, s. 12.37B(a), and was redesignated as (b)(2a) at the direction of the Revisor of Statutes.

§ 143B-168.12. North Carolina Partnership for Children, Inc.; conditions.

1. In order to receive State funds, the following conditions shall be met:
   1. The North Carolina Partnership shall have a Board of Directors consisting of the following 26 members:
      1. The Secretary of Health and Human Services, ex officio, or the Secretary's designee.
      2. Repealed by Session Laws 1997, c. 443, s. 11A.105.
      3. The Superintendent of Public Instruction, ex officio, or the Superintendent's designee.
      4. The President of the Community Colleges System, ex officio, or the President's designee.
      5. Three members of the public, including one child care provider, one other who is a parent, and one other who is a board chair of a local partnership serving on the North Carolina Partnership local partnership advisory committee, appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate.
      6. Three members of the public, including one who is a parent, one other who is a representative of the faith community, and one other who is a board chair or designee of the board chair of a local partnership serving on the North Carolina Partnership local partnership advisory committee, appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives.
      7. Twelve members, appointed by the Governor. Three of these 12 members shall be members of the party other than the Governor's party, appointed by the Governor. Seven of these 12 members shall be appointed as follows: one who is a child care provider, one other who is a pediatrician, one other who is a health care provider, one other who is a parent, one other who is a member of the business community, one other who is a member representing a philanthropic agency, and one other who is an early childhood educator.
      8. Repealed by Session Laws 1998-212, s. 12.37B(a), effective October 30, 1998.
      9. Repealed by Session Laws 1998-212, s. 12.37B(a), effective October 30, 1998.
      10. One member of the public appointed by the General Assembly upon recommendation of the Majority Leader of the Senate.
      11. One member of the public appointed by the General Assembly upon recommendation of the Majority Leader of the House of Representatives.
      12. One member of the public appointed by the General Assembly upon recommendation of the Minority Leader of the Senate.
      13. One member of the public appointed by the General Assembly upon recommendation of the Minority Leader of the House of Representatives.
      14. The Director of the NC Pre-K Program, or the Director's designee.
   2. The North Carolina Partnership and the local partnerships shall agree to adopt procedures for its operations that are comparable to those of Article 33C of Chapter 143 of the General Statutes, the Open Meetings Law, and Chapter 132 of the General Statutes, the Public Records Law, and provide for enforcement by the Department. The procedures may provide for the confidentiality of personnel files comparable to Article 7 of Chapter 126 of the General Statutes.
   3. The North Carolina Partnership shall oversee the development and implementation of the local demonstration projects as they are selected and shall approve the ongoing plans, programs, and services developed and implemented by the local partnerships and hold the local partnerships accountable for the financial and programmatic integrity of the programs and services.  The North Carolina Partnership may contract at the State level to obtain services or resources  when the North Carolina Partnership determines it would be more efficient to do so.
   4. The North Carolina Partnership shall develop and implement a comprehensive standard fiscal accountability plan to ensure the fiscal integrity and accountability of State funds appropriated to it and to the local partnerships. The standard fiscal accountability plan shall, at a minimum, include a uniform, standardized system of accounting, internal controls, payroll, fidelity bonding, chart of accounts, and contract management and monitoring. The North Carolina Partnership may contract with outside firms to develop and implement the standard fiscal accountability plan. All local partnerships shall be required to participate in the standard fiscal accountability plan developed and adopted by the North Carolina Partnership pursuant to this subdivision.
   5. Repealed by Session Laws 2011-145, s. 10.5(b), effective July 1, 2011.
   6. The North Carolina Partnership shall develop a formula for allocating direct services funds appropriated for this purpose to local partnerships.
   7. The North Carolina Partnership may adjust its allocations by up to ten percent (10%) on the basis of local partnerships' performance assessments. In determining whether to adjust its allocations to local partnerships, the North Carolina Partnership shall consider whether the local partnerships are meeting the outcome goals and objectives of the North Carolina Partnership and the goals and objectives set forth by the local partnerships in their approved annual program plans.
   8. The North Carolina Partnership shall establish a local partnership advisory committee comprised of 15 members. Eight of the members shall be chosen from past board chairs or duly elected officers currently serving on local partnerships' board of directors at the time of appointment and shall serve three-year terms. Seven of the members shall be staff of local partnerships. Members shall be chosen by the Chair of the North Carolina Partnership from a pool of candidates nominated by their respective boards of directors. The local partnership advisory committee shall serve in an advisory capacity to the North Carolina Partnership and shall establish a schedule of regular meetings. Members shall be chosen from local partnerships on a rotating basis. The advisory committee shall annually elect a chair from among its members.
   9. Repealed by Session Laws 2001-424, s. 21.75(h), effective July 1, 2001.
2. The North Carolina Partnership shall be subject to audit and review by the State Auditor under Article 5A of Chapter 147 of the General Statutes. The State Auditor shall conduct annual financial and compliance audits of the North Carolina Partnership.
3. The North Carolina Partnership shall require each local partnership to place in each of its contracts a statement that the contract is subject to monitoring by the local partnership and North Carolina Partnership, that contractors and subcontractors shall be fidelity bonded, unless the contractors or subcontractors receive less than one hundred thousand dollars ($100,000) or unless the contract is for child care subsidy services, that contractors and subcontractors are subject to audit oversight by the State Auditor, and that contractors and subcontractors shall be subject to the requirements of G.S. 143C-6-22. Organizations subject to G.S. 159-34 shall be exempt from this requirement.
4. The North Carolina Partnership for Children, Inc., shall make a report no later than December 1 of each year to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division of the General Assembly that shall include the following:
   1. A description of the program and significant services and initiatives.
   2. A history of Smart Start funding and the previous fiscal year's expenditures.
   3. The number of children served by type of service.
   4. The type and quantity of services provided.
   5. The results of the previous year's evaluations of the Initiatives or related programs and services.
   6. A description of significant policy and program changes.
   7. Any recommendations for legislative action.
5. The North Carolina Partnership shall develop guidelines for local partnerships to follow in selecting capital projects to fund. The guidelines shall include assessing the community needs in relation to the quantity of child care centers, assessing the cost of purchasing or constructing new facilities as opposed to renovating existing facilities, and prioritizing capital needs such as construction, renovations, and playground equipment and other amenities.
6. The North Carolina Partnership for Children, Inc., shall establish uniform guidelines and a reporting format for local partnerships to document the qualifying expenses occurring at the contractor level. Local partnerships shall monitor qualifying expenses to ensure they have occurred and meet the requirements prescribed in this subsection.

h1. The Chair of the North Carolina Partnership Board shall be appointed by the Governor.

All members appointed to succeed the initial members and members appointed thereafter shall be appointed for three-year terms. Members may succeed themselves.

All appointed board members shall avoid conflicts of interests and the appearance of impropriety. Should instances arise when a conflict may be perceived, any individual who may benefit directly or indirectly from the North Carolina Partnership's disbursement of funds shall abstain from participating in any decision or deliberations by the North Carolina Partnership regarding the disbursement of funds.

All ex officio members are voting members. Each ex officio member may be represented by a designee. These designees shall be voting members. No members of the General Assembly shall serve as members.

The North Carolina Partnership may establish a nominating committee and, in making their recommendations of members to be appointed by the General Assembly or by the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Majority Leader of the Senate, the Majority Leader of the House of Representatives, the Minority Leader of the Senate, the Minority Leader of the House of Representatives, and the Governor shall consult with and consider the recommendations of this nominating committee.

The North Carolina Partnership may establish a policy on members' attendance, which policy shall include provisions for reporting absences of at least three meetings immediately to the appropriate appointing authority.

Members who miss more than three consecutive meetings without excuse or members who vacate their membership shall be replaced by the appropriate appointing authority, and the replacing member shall serve either until the General Assembly and the Governor can appoint a successor or until the replaced member's term expires, whichever is earlier.

The North Carolina Partnership shall establish a policy on membership of the local boards. No member of the General Assembly shall serve as a member of a local board. Within these requirements for local board membership, the North Carolina Partnership shall allow local partnerships that are regional to have flexibility in the composition of their boards so that all counties in the region have adequate representation.

All appointed local board members shall avoid conflicts of interests and the appearance of impropriety. Should instances arise when a conflict may be perceived, any individual who may benefit directly or indirectly from the partnership's disbursement of funds shall abstain from participating in any decision or deliberations by the partnership regarding the disbursement of funds.

In the event that the North Carolina Partnership determines that a local partnership is not fulfilling its mandate to provide programs and services designed to meet the developmental needs of children in order to prepare them to begin school healthy and ready to succeed and is not being accountable for the programmatic and fiscal integrity of its programs and services, the North Carolina Partnership may suspend all funds to the partnership until the partnership demonstrates that these defects are corrected. Further, at its discretion, the North Carolina Partnership may assume the managerial responsibilities for the partnership's programs and services until the North Carolina Partnership determines that it is appropriate to return the programs and services to the local partnership.

The North Carolina Partnership may use additional factors to determine whether to adjust the local partnerships' allocations. These additional factors shall be developed with input from the local partnerships and shall be communicated to the local partnerships when the additional factors are selected. These additional factors may include board involvement, family and community outreach, collaboration among public and private service agencies, and family involvement.

On the basis of performance assessments, local partnerships annually shall be rated "superior", "satisfactory", or "needs improvement".

The North Carolina Partnership may contract with outside firms to conduct the performance assessments of local partnerships.

History

(1993, c. 321, s. 254(a); 1993 (Reg. Sess., 1994), c. 766, s. 1; 1995, c. 324, s. 27A.1; 1996, 2nd Ex. Sess., c. 18, s. 24.29(b); 1997-443, ss. 11.55( l ), 11A.105; 1998-212, s. 12.37B(a), (b); 1999-84, s. 24; 1999-237, s. 11.48(a); 2000-67, s. 11.28(a); 2001-424, ss. 21.75(h), 21.75(i); 2002-126, s. 10.55(d); 2003-284, ss. 10.38( l ), 10.38(m), 10.38(n); 2004-124, s. 10.37; 2006-203, s. 104; 2006-264, s. 1(b); 2007-323, s. 10.19B(a); 2009-451, s. 20C.1(a); 2011-145, s. 10.5(b); 2015-264, s. 78; 2016-30, s. 2; 2020-78, s. 4C.1.)

Smart Start Budget - Report. - Session Laws 2001-424, s. 21.75(k), provides: "(k) Effective January 1, 2002, the North Carolina Partnership for Children, Inc., in consultation with Department of Health and Human Services, shall report the following information to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division on a quarterly basis:

"(1) Total Smart Start budget and expenditures by month for the current fiscal year.

"(2) The number of children served by type of service.

"(3) A description of and expenditures for statewide initiatives.

"(4) A description of and quantity of non-child care services provided.

"(5) An accounting of expenditures for the child care voucher subsidy programs.

"(6) The progress of the North Carolina Partnership for Children, Inc., in complying with the provisions of this section.

"(7) Any other related information."

Costs and Procedures for Early Childhood Education and Development Initiatives Enhancements. - Session Laws 2015-241, s. 12B.7, provides: "(a) Policies. - The North Carolina Partnership for Children, Inc., and its Board shall ensure policies focus on the North Carolina Partnership for Children, Inc.'s mission of improving child care quality in North Carolina for children from birth to five years of age. North Carolina Partnership for Children, Inc.-funded activities shall include assisting child care facilities with (i) improving quality, including helping one-, two-, and three-star-rated facilities increase their star ratings, and (ii) implementing prekindergarten programs. State funding for local partnerships shall also be used for evidence-based or evidence-informed programs for children from birth to five years of age that do the following:

"(1) Increase children's literacy.

"(2) Increase the parents' ability to raise healthy, successful children.

"(3) Improve children's health.

"(4) Assist four- and five-star-rated facilities in improving and maintaining quality.

"(b) Administration. - Administrative costs shall be equivalent to, on an average statewide basis for all local partnerships, not more than eight percent (8%) of the total statewide allocation to all local partnerships. For purposes of this subsection, administrative costs shall include costs associated with partnership oversight, business and financial management, general accounting, human resources, budgeting, purchasing, contracting, and information systems management. The North Carolina Partnership for Children, Inc., shall continue using a single statewide contract management system that incorporates features of the required standard fiscal accountability plan described in G.S. 143B-168.12(a)(4). All local partnerships are required to participate in the contract management system and, directed by the North Carolina Partnership for Children, Inc., to collaborate, to the fullest extent possible, with other local partnerships to increase efficiency and effectiveness.

"(c) Salaries. - The salary schedule developed and implemented by the North Carolina Partnership for Children, Inc., shall set the maximum amount of State funds that may be used for the salary of the Executive Director of the North Carolina Partnership for Children, Inc., and the directors of the local partnerships. The North Carolina Partnership for Children, Inc., shall base the schedule on the following criteria:

"(1) The population of the area serviced by a local partnership.

"(2) The amount of State funds administered.

"(3) The amount of total funds administered.

"(4) The professional experience of the individual to be compensated.

"(5) Any other relevant factors pertaining to salary, as determined by the North Carolina Partnership for Children, Inc.

"The salary schedule shall be used only to determine the maximum amount of State funds that may be used for compensation. Nothing in this subsection shall be construed to prohibit a local partnership from using non-State funds to supplement an individual's salary in excess of the amount set by the salary schedule established under this subsection.

"(d) Match Requirements. - The North Carolina Partnership for Children, Inc., and all local partnerships shall, in the aggregate, be required to match one hundred percent (100%) of the total amount budgeted for the program in each fiscal year of the 2015-2017 biennium. Of the funds the North Carolina Partnership for Children, Inc., and the local partnerships are required to match, contributions of cash shall be equal to at least twelve percent (12%) and in-kind donated resources shall be equal to no more than five percent (5%) for a total match requirement of seventeen percent (17%) for the 2015-2016 fiscal year; and contributions of cash shall be equal to at least thirteen percent (13%) and in-kind donated resources shall be equal to no more than six percent (6%) for a total match requirement of nineteen percent (19%) for the 2016-2017 fiscal year. The North Carolina Partnership for Children, Inc., may carry forward any amount in excess of the required match for a fiscal year in order to meet the match requirement of the succeeding fiscal year. Only in-kind contributions that are quantifiable shall be applied to the in-kind match requirement. Volunteer services may be treated as an in-kind contribution for the purpose of the match requirement of this subsection. Volunteer services that qualify as professional services shall be valued at the fair market value of those services. All other volunteer service hours shall be valued at the statewide average wage rate as calculated from data compiled by the Division of Employment Security of the Department of Commerce in the Employment and Wages in North Carolina Annual Report for the most recent period for which data are available. Expenses, including both those paid by cash and in-kind contributions, incurred by other participating non-State entities contracting with the North Carolina Partnership for Children, Inc., or the local partnerships, also may be considered resources available to meet the required private match. In order to qualify to meet the required private match, the expenses shall:

"(1) Be verifiable from the contractor's records.

"(2) If in-kind, other than volunteer services, be quantifiable in accordance with generally accepted accounting principles for nonprofit organizations.

"(3) Not include expenses funded by State funds.

"(4) Be supplemental to and not supplant preexisting resources for related program activities.

"(5) Be incurred as a direct result of the Early Childhood Initiatives Program and be necessary and reasonable for the proper and efficient accomplishment of the Program's objectives.

"(6) Be otherwise allowable under federal or State law.

"(7) Be required and described in the contractual agreements approved by the North Carolina Partnership for Children, Inc., or the local partnership.

"(8) Be reported to the North Carolina Partnership for Children, Inc., or the local partnership by the contractor in the same manner as reimbursable expenses.

"Failure to obtain a seventeen-percent (17%) match by June 30 of the 2015-2016 fiscal year and a nineteen-percent (19%) match by June 30 of the 2016-2017 fiscal year shall result in a dollar-for-dollar reduction in the appropriation for the Program for a subsequent fiscal year. The North Carolina Partnership for Children, Inc., shall be responsible for compiling information on the private cash and in-kind contributions into a report that is submitted to the Joint Legislative Oversight Committee on Health and Human Services in a format that allows verification by the Department of Revenue. The same match requirements shall apply to any expansion funds appropriated by the General Assembly.

"(e) Bidding. - The North Carolina Partnership for Children, Inc., and all local partnerships shall use competitive bidding practices in contracting for goods and services on contract amounts as follows:

"(1) For amounts of five thousand dollars ($5,000) or less, the procedures specified by a written policy as developed by the Board of Directors of the North Carolina Partnership for Children, Inc.

"(2) For amounts greater than five thousand dollars ($5,000), but less than fifteen thousand dollars ($15,000), three written quotes.

"(3) For amounts of fifteen thousand dollars ($15,000) or more, but less than forty thousand dollars ($40,000), a request for proposal process.

"(4) For amounts of forty thousand dollars ($40,000) or more, a request for proposal process and advertising in a major newspaper.

"(f) Allocations. - The North Carolina Partnership for Children, Inc., shall not reduce the allocation for counties with less than 35,000 in population below the 2012-2013 funding level.

"(g) Performance-Based Evaluation. - The Department of Health and Human Services shall continue to implement the performance-based evaluation system.

"(h) Expenditure Restrictions. - The Department of Health and Human Services and the North Carolina Partnership for Children, Inc., shall ensure that the allocation of funds for Early Childhood Education and Development Initiatives for the 2015-2017 fiscal biennium shall be administered and distributed in the following manner:

"(1) Capital expenditures are prohibited for the 2015-2017 fiscal biennium. For the purposes of this section, 'capital expenditures' means expenditures for capital improvements as defined in G.S. 143C-1-1(d)(5).

"(2) Expenditures of State funds for advertising and promotional activities are prohibited for the 2015-2017 fiscal biennium.

"For the 2015-2017 fiscal biennium, local partnerships shall not spend any State funds on marketing campaigns, advertising, or any associated materials. Local partnerships may spend any private funds the local partnerships receive on those activities."

For prior similar provisions, see Session Laws 2001-424, s. 21.75(a)-(c), Session Laws 2004-284, s. 10.38(a)-(k), Session Laws 2005-276, s. 10.64(a)-(g), Session Laws 2007-323, s. 10.19(a)-(g), Session Laws 2009-451, s. 10.7(a)-(g), as amended by Session Laws 2010-31, s. 10.3, and Session Laws 2013-360, s. 12B.9(a)-(i), as amended by Session Laws 2014-100, s. 12B.2(a).

Consolidation of Early Childhood Education and Care. - For provisions regarding the Task Force on the Consolidation of Early Childhood Education and Care under Session Laws 2009-451, s. 10.7A, and the later Joint Legislative Study Committee on the Consolidation of Early Childhood Education and Care under Session Laws 2010-152, ss. 27.1 through 27.3, see the notes at G.S. 143B-138.1 and G.S. 143B-168.10.

"Read NC" Early Literacy Initiative. - Session Laws 2012-142, s. 10.4(a)-(e), provides: "(a) Of the funds appropriated to the Department of Health and Human Services, Division of Child Development and Early Education, for the North Carolina Partnership for Children, Inc., the sum of three million five hundred thousand dollars ($3,500,000) for the 2012-2013 fiscal year shall be used by the North Carolina Partnership for Children, Inc., to develop and administer an early literacy initiative pilot program, to be known as 'Read NC,' hire four North Carolina Partnership for Children, Inc., development officers, and provide additional funds for rural partnerships; provided, however, the Department shall not expend the funds appropriated in this section for the 2012-2013 fiscal year until January 1, 2013, pending a determination by the Office of State Budget and Management that there is adequate funding for the Medicaid budget for the 2012-2013 fiscal year, as provided in Section 10.9G of this act. 'Read NC' will focus on increasing the early literacy skills of children who are most at risk for reading below grade level. The pilot program shall be distributed geographically to ensure adequate representation of the diverse areas of the State.

"(b) The focus of the pilot program will be to actively engage parents, child care teachers, and communities to help young children build a firm foundation for language acquisition and literacy skills. To that end, the pilot program shall do the following:

"(1) Educate parents in essential early literacy practices.

"(2) Increase the quality of early literacy programming in child care.

"(3) Increase early literacy opportunities for young children and families in community settings by incorporating the following programs:

"a. 'Reach Out and Read,' a program that supports doctors in their efforts to 'prescribe' reading to young children and families during well-child visits through early literacy guidance and book sharing, free books for children to keep, and literacy-rich waiting rooms.

"b. 'Raising a Reader' (RAR), a program that rotates bright red bags filled with award-winning books into children's homes on a weekly basis, exposing children on average to over 100 books per rotation cycle, and pairs this book rotation with parent training and information on how to effectively share books to promote family literacy habits, language and literacy skills, and a love of learning.

"c. 'Motheread/Fatheread,' a program that combines the teaching of literacy skills with child development and family empowerment issues.

"d. 'Dolly Parton Imagination Library,' a program that provides a free, age-appropriate book each month to children ages birth to five years.

"(c) The Division of Child Development and Early Education and the North Carolina Partnership for Children, Inc., shall report by April 1, 2013, to the Joint Legislative Commission on Governmental Operations, the Joint Legislative Committee on Health and Human Services, the Senate Appropriations•ase Budget Committee on Health and Human Services, and the House of Representatives Appropriations Subcommittee on Health and Human Services on the progress in complying with this section.

"(d) The North Carolina Partnership for Children, Inc., shall include in its assistance to local partnerships training and assistance with fund-raising activities. Of the funds designated under subsection (a) of this section, the North Carolina Partnership for Children, Inc., shall hire a staff of four individuals who are qualified in the areas of grant writing and fund-raising to assist local partnerships in raising the amount of non-State funds required by law. The staff hired pursuant to this subsection shall be located regionally and be accessible to participate in the various local partnerships' activities.

"(e) Of the funds designated under subsection (a) of this section, the North Carolina Partnership for Children, Inc., shall provide assistance to local partnerships located in rural areas of the State. The North Carolina Partnership for Children, Inc., shall establish eligibility criteria for the use of funds pursuant to this subsection based on child poverty, child population, and counties that are identified as being the most economically distressed."

Editor's Note. - Session Laws 2001-424, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Acts of 2001.'"

Session Laws 2001-424, s. 36.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2001-2003 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2001-2003 fiscal biennium."

Session Laws 2001-424, s. 36.5, is a severability clause.

Session Laws 2006-264, s. 1(b), which amended this section by substituting "G.S. 143-6.2" for "G.S. 143-6.1" in the next-to-last sentence of subsection (c), was not given effect pursuant to Session Laws 2006-264, s. 1(c), which stated if House Bill 914, 2005 Regular Session [2006-203], becomes law, this section is repealed.

Session Laws 2011-145, s. 10.5(a) and (a1), as amended by Session Laws 2011-391, s. 21A, provides: "(a) The North Carolina Partnership for Children, Inc. shall not reduce the allocation for counties with less than 35,000 in population by more than twenty percent (20%) of their current allocation/State funding level.

"(a1) Administrative costs shall be equivalent to, on an average statewide basis for all local partnerships, not more than eight percent (8%) of the total statewide allocation to all local partnerships. For purposes of this subsection, administrative costs shall include costs associated with partnership oversight, business and financial management, general accounting, human resources, budgeting, purchasing, contracting, and information systems management. The North Carolina Partnership for Children, Inc., shall develop a single statewide contract management system that incorporates features of the required standard fiscal accountability plan described in G.S. 143B-168.12(a)(4). All local partnerships shall be required to participate in the contract management system and shall be directed by the North Carolina Partnership for Children, Inc., to collaborate, to the fullest extent possible, with other local partnerships to increase efficiency and effectiveness."

Session Laws 2011-145, s. 10.5(c1), as added by Session Laws 2012-142, 10.3(b), provides: "The North Carolina Partnership for Children, Inc., shall develop and implement a salary schedule for the Executive Director of the North Carolina Partnership for Children, Inc., and the directors of local partnerships. The salary schedule shall set the maximum amount of State funds that may be used for the salary of the Executive Director of the North Carolina Partnership for Children, Inc., and the directors of the local partnerships. In establishing a salary schedule, the North Carolina Partnership for Children, Inc., shall base the schedule on the following criteria:

"(1) The population of the area serviced by a local partnership.

"(2) The amount of State funds administered.

"(3) The amount of total funds administered.

"(4) The professional experience of the individual to be compensated.

"(5) Any other relevant factors pertaining to salary, as determined by the North Carolina Partnership for Children, Inc.

"The salary schedule shall be used only to determine the maximum amount of State funds that may be used for compensation. Nothing in this subsection shall be construed to prohibit a local partnership from using non-State funds to supplement an individual's salary in excess of the amount set by the salary schedule established under this subsection."

Session Laws 2011-145, s. 10.5(d) and (e), as amended by Session Laws 2011-391, s. 21A, and as amended by Session Laws 2012-142, s. 10.3(c), specify requirements for competitive bidding and matching funds for the North Carolina Partnership for Children, Inc.

Session Laws 2011-145, s. 10.5(f)-(g) require that Department of Health and Human Services perform performance-based evaluation and and administer the allocation of funds.

Session Laws 2011-145, s. 10.5(h)-(k), set requirements for county and local partnership subsidies and provide that The North Carolina Partnership for Children, Inc., establish policies within certain guidelines.

Session Laws 2011-145, s. 10.5( l )-(n), provides: "( l ) It is the intent of the General Assembly that the North Carolina Partnership for Children, Inc., implement an evidence-based pilot literacy program that improves literacy of children from birth through five years of age and increases children's chances of success in school. An annual evaluation of the pilot literacy program shall access the goals and intended outcomes of the evidence-based pilot literacy program.

"(m) The Legislative Research Commission is authorized to study the cost, quality, consumer education, and outcomes of the North Carolina Partnership for Children, Inc.'s activities funded to (i) increase early literacy, (ii) measurably improve families' abilities to raise healthy, productive, and successful children, and (iii) increase access to preventative health care for children from birth to five years of age. The Legislative Services Commission shall evaluate and report on the following:

"(1) The types of activities, goals, and intended outcomes of evidence-based early literacy activities that promote phonemic awareness, letter recognition, segmenting words into sounds, and decoding print text.

"(2) The types of family support and health activities supported with the North Carolina Partnership for Children, Inc., funds.

"(3) The goal and intended outcome of the family support and health activities.

"(4) The numbers served and results of the family support and health activities.

"(5) Study the match requirements and what constitutes the match requirements.

"(6) Any other matter the Commission deems relevant to its charge.

"(n) On or before October 1, 2012, the Legislative Research Commission shall make a report of its findings and recommendations, including any proposed legislation, to the 2012 Regular Session of the 2011 General Assembly, the House of Representatives Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Fiscal Research Division."

Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'"

Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium."

Session Laws 2011-145, s. 32.5, is a severability clause.

Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'"

Session Laws 2012-142, s. 27.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year."

Session Laws 2012-142, s. 27.7, is a severability clause.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

Session Laws 2017-57, s. 11B.8(a)-(i), as amended by Session Laws 2018-5, s. 11B.4, provides: "(a) Policies. - The North Carolina Partnership for Children, Inc., and its Board shall ensure policies focus on the North Carolina Partnership for Children, Inc.'s mission of improving child care quality in North Carolina for children from birth to five years of age. North Carolina Partnership for Children, Inc.-funded activities shall include assisting child care facilities with (i) improving quality, including helping one-, two-, and three-star-rated facilities increase their star ratings, and (ii) implementing prekindergarten programs. State funding for local partnerships shall also be used for evidence-based or evidence-informed programs for children from birth to five years of age that do the following:

"(1) Increase children's literacy.

"(2) Increase the parents' ability to raise healthy, successful children.

"(3) Improve children's health.

"(4) Assist four- and five-star-rated facilities in improving and maintaining quality.

"(b) Administration. - Administrative costs shall be equivalent to, on an average statewide basis for all local partnerships, not more than eight percent (8%) of the total statewide allocation to all local partnerships. For purposes of this subsection, administrative costs shall include costs associated with partnership oversight, business and financial management, general accounting, human resources, budgeting, purchasing, contracting, and information systems management. The North Carolina Partnership for Children, Inc., shall continue using a single statewide contract management system that incorporates features of the required standard fiscal accountability plan described in G.S. 143B-168.12(a)(4). All local partnerships are required to participate in the contract management system and, directed by the North Carolina Partnership for Children, Inc., to collaborate, to the fullest extent possible, with other local partnerships to increase efficiency and effectiveness.

"(c) Salaries. - The salary schedule developed and implemented by the North Carolina Partnership for Children, Inc., shall set the maximum amount of State funds that may be used for the salary of the Executive Director of the North Carolina Partnership for Children, Inc., and the directors of the local partnerships. The North Carolina Partnership for Children, Inc., shall base the schedule on the following criteria:

"(1) The population of the area serviced by a local partnership.

"(2) The amount of State funds administered.

"(3) The amount of total funds administered.

"(4) The professional experience of the individual to be compensated.

"(5) Any other relevant factors pertaining to salary, as determined by the North Carolina Partnership for Children, Inc.

"The salary schedule shall be used only to determine the maximum amount of State funds that may be used for compensation. Nothing in this subsection shall be construed to prohibit a local partnership from using non-State funds to supplement an individual's salary in excess of the amount set by the salary schedule established under this subsection.

"(d) Match Requirements. - The North Carolina Partnership for Children, Inc., and all local partnerships shall, in the aggregate, be required to match one hundred percent (100%) of the total amount budgeted for the program in each fiscal year of the 2017-2019 biennium. Of the funds the North Carolina Partnership for Children, Inc., and the local partnerships are required to match, contributions of cash shall be equal to at least thirteen percent (13%) and in-kind donated resources shall be equal to no more than six percent (6%) for a total match requirement of nineteen percent (19%) for each year of the 2017-2019 fiscal biennium. The North Carolina Partnership for Children, Inc., may carry forward any amount in excess of the required match for a fiscal year in order to meet the match requirement of the succeeding fiscal year. Only in-kind contributions that are quantifiable shall be applied to the in-kind match requirement. Volunteer services may be treated as an in-kind contribution for the purpose of the match requirement of this subsection. Volunteer services that qualify as professional services shall be valued at the fair market value of those services. All other volunteer service hours shall be valued at the statewide average wage rate as calculated from data compiled by the Division of Employment Security of the Department of Commerce in the Employment and Wages in North Carolina Annual Report for the most recent period for which data are available. Expenses, including both those paid by cash and in-kind contributions, incurred by other participating non-State entities contracting with the North Carolina Partnership for Children, Inc., or the local partnerships also may be considered resources available to meet the required private match. In order to qualify to meet the required private match, the expenses shall:

"(1) Be verifiable from the contractor's records.

"(2) If in-kind, other than volunteer services, be quantifiable in accordance with generally accepted accounting principles for nonprofit organizations.

"(3) Not include expenses funded by State funds.

"(4) Be supplemental to and not supplant preexisting resources for related program activities.

"(5) Be incurred as a direct result of the Early Childhood Initiatives Program and be necessary and reasonable for the proper and efficient accomplishment of the Program's objectives.

"(6) Be otherwise allowable under federal or State law.

"(7) Be required and described in the contractual agreements approved by the North Carolina Partnership for Children, Inc., or the local partnership.

"(8) Be reported to the North Carolina Partnership for Children, Inc., or the local partnership by the contractor in the same manner as reimbursable expenses.

"Failure to obtain a nineteen-percent (19%) match by June 30 of each year of the 2017-2019 fiscal biennium shall result in a dollar-for-dollar reduction in the appropriation for the Program for a subsequent fiscal year. The North Carolina Partnership for Children, Inc., shall be responsible for compiling information on the private cash and in-kind contributions into a report that is submitted by October 1 of each year to the Joint Legislative Oversight Committee on Health and Human Services in a format that allows verification by the Department of Revenue. The same match requirements shall apply to any expansion funds appropriated by the General Assembly.

"(e) Bidding. - The North Carolina Partnership for Children, Inc., and all local partnerships shall use competitive bidding practices in contracting for goods and services on contract amounts as follows:

"(1) For amounts of five thousand dollars ($5,000) or less, the procedures specified by a written policy as developed by the Board of Directors of the North Carolina Partnership for Children, Inc.

"(2) For amounts greater than five thousand dollars ($5,000), but less than fifteen thousand dollars ($15,000), three written quotes.

"(3) For amounts of fifteen thousand dollars ($15,000) or more, but less than forty thousand dollars ($40,000), a request for proposal process.

"(4) For amounts of forty thousand dollars ($40,000) or more, a request for proposal process and advertising in a major newspaper.

"(f) Allocations. - The North Carolina Partnership for Children, Inc., shall not reduce the allocation for counties with less than 35,000 in population below the 2012-2013 funding level.

"(g) Performance-Based Evaluation. - The Department of Health and Human Services shall continue to implement the performance-based evaluation system.

"(h) Expenditure Restrictions. - Except as provided in subsection (i) of this section, the Department of Health and Human Services and the North Carolina Partnership for Children, Inc., shall ensure that the allocation of funds for Early Childhood Education and Development Initiatives for the 2017-2019 fiscal biennium shall be administered and distributed in the following manner:

"(1) Capital expenditures are prohibited for the 2017-2019 fiscal biennium. For the purposes of this section, "capital expenditures" means expenditures for capital improvements as defined in G.S. 143C-1-1(d)(5).

"(2) Expenditures of State funds for advertising and promotional activities are prohibited for the 2017-2019 fiscal biennium.

"For the 2017-2019 fiscal biennium, local partnerships shall not spend any State funds on marketing campaigns, advertising, or any associated materials. Local partnerships may spend any private funds the local partnerships receive on those activities.

"(i) Notwithstanding subsection (h) of this section, the North Carolina Partnership for Children, Inc., and local partnerships may use up to one percent (1%) of State funds for fund-raising activities. Beginning October 1, 2019, the North Carolina Partnership for Children, Inc., shall submit a report, in conjunction with the report required under subsection (d) of this section, to the Joint Legislative Oversight Committee on Health and Human Services on the use of State funds for fund-raising. The report shall include the following:

"(1) The amount of funds expended on fund-raising.

"(2) Any return on fund-raising investments.

"(3) Any other information deemed relevant."

Session Laws 2017-57, s. 11B.9(a)-(c), as amended by Session Laws 2018-5, s. 11B.5, provides: "(a) Funds allocated to the North Carolina Partnership for Children, Inc., from the Department of Health and Human Services, shall be used to increase access to Dolly Parton's Imagination Library, an early literacy program that mails age-appropriate books on a monthly basis to children registered for the program, with the intent that, upon full implementation, access to the program shall be statewide.

"(b) The North Carolina Partnership for Children, Inc., may use up to one percent (1%) of the funds for statewide program management and up to one percent (1%) of the funds for program evaluation. Funds appropriated under this section shall not be subject to administrative costs requirements under Section 11B.8(b) of this act, nor shall these funds be subject to the child care services funding requirements under G.S. 143B-168.15(b), child care subsidy expansion requirements under G.S. 143B-168.15(g), or the match requirements under Section 11B.8(d) of this act.

"(c) The North Carolina Partnership for Children, Inc., shall report on the success of the early literacy initiative, including any recommendations, to the Joint Legislative Oversight Committee on Health and Human Services by March 1, 2018. The report shall include participation rates for Dolly Parton's Imagination Library."

Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'"

Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium."

Session Laws 2017-57, s. 39.6, is a severability clause.

Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'"

Session Laws 2018-5, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2018-2019 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2018-2019 fiscal year."

Session Laws 2018-5, s. 39.7, is a severability clause.

Session Laws 2020-78, s. 22.1, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium."

Session Laws 2020-78, s. 22.3, is a severability clause.

Effect of Amendments. - Session Laws 2004-124, s. 10.37, effective July 1, 2004, in subdivision (a)(1), substituted "26" for "25" in the introductory paragraph, added subdivision (a)(1)n., and made a minor stylistic change.

Session Laws 2006-203, s. 104, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter, substituted "subject to the requirements of G.S. 143C-6.14" for "audited as required by G.S. 143-6.1" near the end of subsection (c).

Session Laws 2007-323, s. 10.19B.(a), effective July 1, 2007, added the last sentence in subdivision (a)(2).

Session Laws 2009-451, s. 20C.1(a), effective July 1, 2009, substituted "G.S. 143C-6-22" for "G.S. 143C-6.14" at the end of the first sentence of subsection (c).

Session Laws 2011-145, s. 10.5(b), effective July 1, 2011, repealed subdivision (a)(5), which read: "The North Carolina Partnership shall develop a regional accounting and contract management system which incorporates features of the required standard fiscal accountability plan described in subdivision (4) of subsection (a) of this section. All local partnerships shall participate in the regional accounting and contract management system."

Session Laws 2015-264, s. 78, effective October 1, 2015, in subdivision (a)(1), made minor punctuation changes throughout, and inserted "or designee of the board chair" in sub-subdivision f.

Session Laws 2016-30, s. 2, effective June 22, 2016, substituted "NC Pre-K Program" for "More at Four Pre-Kindergarten Program" in sub-subdivision (a)(1)n.

Session Laws 2020-78, s. 4C.1, effective July 1, 2020, substituted "Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division of the General Assembly" for "General Assembly" in the introductory language of subsection (d).

Opinions of Attorney General

Legislators Precluded from Serving on the Board of North Carolina Partnership for Children, Inc. - The separation of powers provision of the N.C. Constitution precludes legislators from serving as members of a private, non-profit corporation where the corporation is "a special instrumentality of government" created to implement specific legislation. See opinion of Attorney General to The Honorable John R. Gamble, Jr., N.C. House of Representatives, 1998 N.C.A.G. 34 (7/30/98).

Simultaneous Membership in County Partnership for Children and County Interagency Transportation Corporation. - Members of a county partnership for children, who were also members of the board of directors of the county interagency transportation corporation, did not violate this section by remaining on the partnership board and participating in a vote to award a grant to the interagency transportation corporation where one of the individuals who sat on both boards was the county administrator and the other was chairman of the interagency transportation corporation; those members gained nothing personally by a grant to the interagency transportation corporation. See opinion of Attorney General to Kipling Godwin, Chairman, Columbus County Partnership for Children, 1999 N.C. AG LEXIS 36 (8/27/99).

§ 143B-168.13. Implementation of program; duties of Department and Secretary.

1. The Department shall:
   1. Repealed by Session Laws 1998-212, s. 12.37B(a), effective October 30, 1998.
   2. Develop and conduct a statewide needs and resource assessment every third year, beginning in the 1997-98 fiscal year. This needs assessment shall be conducted in cooperation with the North Carolina Partnership and with the local partnerships. This needs assessment shall include a statewide assessment of capital needs. The data and findings of this needs assessment shall form the basis for annual program plans developed by local partnerships and approved by the North Carolina Partnership.
   3. Recodified as (a)(1a) by Session Laws 1998-212, s. 12.37B(a).
   4. Repealed by Session Laws 1998-212, s. 12.37B(l), effective October 30, 1998.
   5. Provide technical and administrative assistance to local partnerships, particularly during the first year after they are selected under this Part to receive State funds.  The Department, at any time, may authorize the North Carolina Partnership or a governmental or public entity to do the contracting for one or more local partnerships. After a local partnership's first year, the Department may allow the partnership to contract for itself.
   6. Adopt, in cooperation with the North Carolina Partnership, any rules necessary to implement this Part, including rules to ensure that State leave policy is not applied to the North Carolina Partnership and the local partnerships. In order to allow local partnerships to focus on the development of long-range plans in their initial year of funding, the Department may adopt rules that limit the categories of direct services for young children and their families for which funds are made available during the initial year.
   7. Repealed by Session Laws 1996, Second Extra Session, c. 18, s. 24.29(c).
   8. Annually update its funding formula, in collaboration with the North Carolina Partnership for Children, Inc., using the most recent data available. These amounts shall serve as the basis for determining "full funding" amounts for each local partnership.
2. Repealed by Session Laws 1998-212, s. 12.37B(a), effective October 30, 1998.

History

(1993 (Reg. Sess., 1994), c. 766, s. 1; 1996, 2nd Ex. Sess., c. 18, s. 24.29(c); 1997-443, s. 11.55(m); 1998-212, s. 12.37B(a), (b); 2000-67, s. 11.28(b); 2002-126, s. 10.55(e).)

Editor's Note - Session Laws 2001-424, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Acts of 2001.'"

Session Laws 2001-424, s. 21.75(j), provides: "(j) Notwithstanding the funding formula in G.S. 143B-168.13(a)(6), the State, in consultation with the North Carolina Partnership for Children, Inc., shall evaluate the feasibility of developing a revised funding formula which takes into consideration all relevant funding used by the State, local human services agencies and programs, and local partnerships to provide services and assistance to children under age five and their families. These funds shall include the Early Intervention Preschool Program, Health Choice, and Family Resource Centers, as well as other State and local services and programs funded with State funds, federal funds, local funds, and other resources."

Session Laws 2001-424, s. 36.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2001-2003 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2001-2003 fiscal biennium."

Session Laws 2001-424, s. 36.5, is a severability clause.

Legal Periodicals. - See legislative survey, 21 Campbell L. Rev. 323 (1999).

§ 143B-168.14. Local partnerships; conditions.

1. In order to receive State funds, the following conditions shall be met:
   1. Each local partnership shall develop a comprehensive, collaborative, long-range plan of services to children and families in the service-delivery area. No existing local, private, nonprofit 501(c)(3) organization, other than one established on or after July 1, 1993, and that meets the guidelines for local partnerships as established under this Part, shall be eligible to apply to serve as the local partnership for the purpose of this Part. The Board of the North Carolina Partnership may authorize exceptions to this eligibility requirement.
   2. Each local partnership shall agree to adopt procedures for its operations that are comparable to those of Article 33C of Chapter 143 of the General Statutes, the Open Meetings Law, and Chapter 132 of the General Statutes, the Public Records Law, and provide for enforcement by the Department. The procedures may provide for the confidentiality of personnel files comparable to Article 7 of Chapter 126 of the General Statutes.
   3. Each local partnership shall adopt procedures to ensure that all personnel who provide services to young children and their families under this Part know and understand their responsibility to report suspected child abuse, neglect, or dependency, as defined in G.S. 7B-101.
   4. Each local partnership shall participate in the uniform, standard fiscal accountability plan developed and adopted by the North Carolina Partnership.
2. Each local partnership shall be subject to audit and review by the North Carolina Partnership. The North Carolina Partnership shall contract for annual financial and compliance audits of local partnerships that are rated "needs improvement" in performance assessments authorized in G.S. 143B-168.12(a)(7). Local partnerships that are rated "superior" or "satisfactory" in performance assessments authorized in G.S. 143B-168.12(a)(7) shall undergo biennial financial and compliance audits as contracted for by the North Carolina Partnership. The North Carolina Partnership shall provide the State Auditor with a copy of each audit conducted pursuant to this subsection.

History

(1993 (Reg. Sess., 1994), c. 766, s. 1; 1996, 2nd Ex. Sess., c. 18, s. 24.29(d)(1); 1997-506, s. 59; 1998-202, s. 13( ll ); 1998-212, s. 12.37B(a); 2003-284, s. 19.1; 2007-323, s. 10.19B(b); 2009-451, s. 20C.1(b).)

Editor's Note. - Session Laws 2013-360, s. 12B.1(k), as added by Session Laws 2014-100, s. 12B.6, provides: "(k) The administration of the NC Pre K program by local partnerships shall be subject to the biennial financial and compliance audits authorized under G.S. 143B 168.14(b)."

Effect of Amendments. - Session Laws 2007-323, s. 10.19B.(b), effective July 1, 2007, added the last sentence of subdivision (a)(2).

Session Laws 2009-451, s. 20C.1(b), effective July 1, 2009, in subsection (b), substituted "North Carolina Partnership" for "State Auditor under Article 5A of Chapter 147 of the General Statutes" at the end of the first sentence, substituted "The North Carolina Partnership shall contract for" for "The State Auditor shall conduct" at the beginning of the second sentence, substituted "as contracted for by the North Carolina Partnership" for "by the State Auditor" at the end of third sentence, and added the last sentence.

§ 143B-168.15. Use of State funds.

1. State funds allocated to local projects for services to children and families shall be used to meet assessed needs, expand coverage, and improve the quality of these services. The local plan shall address the assessed needs of all children to the extent feasible. It is the intent of the General Assembly that the needs of both young children below poverty who remain in the home, as well as the needs of young children below poverty who require services beyond those offered in child care settings, be addressed. Therefore, as local partnerships address the assessed needs of all children, they should devote an appropriate amount of their State allocations, considering these needs and other available resources, to meet the needs of children below poverty and their families.
2. Depending on local, regional, or statewide needs, funds may be used to support activities and services that shall be made available and accessible to providers, children, and families on a voluntary basis. Of the funds allocated to local partnerships for direct services, seventy percent (70%) of the funds spent in each year shall be used in child care related activities and early childhood education programs that improve access to child care and early childhood education services, develop new child care and early childhood education services, and improve the quality of child care and early childhood education services in all settings.
3. Long-term plans for local projects that do not receive their full allocation in the first year, other than those selected in 1993, should consider how to meet the assessed needs of low-income children and families within their neighborhoods or communities. These plans also should reflect a process to meet these needs as additional allocations and other resources are received.
4. State funds designated for start-up and related activities may be used for capital expenses or to support activities and services for children, families, and providers. State funds designated to support direct services for children, families, and providers shall not be used for major capital expenses unless the North Carolina Partnership approves this use of State funds based upon a finding that a local partnership has demonstrated that (i) this use is a clear priority need for the local plan, (ii) it is necessary to enable the local partnership to provide services and activities to underserved children and families, and (iii) the local partnership will not otherwise be able to meet this priority need by using State or federal funds available to that local partnership. The funds approved for capital projects in any two consecutive fiscal years may not exceed ten percent (10%) of the total funds for direct services allocated to a local partnership in those two consecutive fiscal years.
5. State funds allocated to local partnerships shall not supplant current expenditures by counties on behalf of young children and their families, and maintenance of current efforts on behalf of these children and families shall be sustained. State funds shall not be applied without the Secretary's approval where State or federal funding sources, such as Head Start, are available or could be made available to that county.
6. Repealed by Session Laws 2001-424, s. 21.75(g), effective July 1, 2001.
7. Not less than thirty percent (30%) of the funds spent in each year of each local partnership's direct services allocation shall be used to expand child care subsidies. To the extent practicable, these funds shall be used to enhance the affordability, availability, and quality of child care services as described in this section. The North Carolina Partnership may increase this percentage requirement up to a maximum of fifty percent (50%) when, based upon a significant local waiting list for subsidized child care, the North Carolina Partnership determines a higher percentage is justified. Local partnerships shall spend an amount for child care subsidies that provides at least fifty-two million dollars ($52,000,000) for the Temporary Assistance to Needy Families (TANF) maintenance of effort requirement and the Child Care Development Fund and Block Grant match requirement. Funds allocated under this section shall supplement and not supplant any federal or State funds allocated to Department of Defense-certified child care facilities licensed under G.S. 110-106.2.
8. State funds allocated to local partnerships that are unexpended at the end of a fiscal year shall remain available to the North Carolina Partnership for Children, Inc., to reallocate to local partnerships.

History

(1993 (Reg. Sess., 1994), c. 766, s. 1; 1995, c. 509, s. 97; 1996, 2nd Ex. Sess., c. 18, s. 24.29(e); 1997-443, s. 11.55(n); 1997-506, s. 60; 1998-212, s. 12.37B(a), (b); 1999-237, s. 11.48(o); 2000-67, ss. 11.28(c), 11.28(d); 2001-424, s. 21.75(g); 2008-123, s. 2; 2014-100, s. 12B.2(b); 2015-241, s. 12B.9(b).)

Child Care Allocation Formula. - Session Laws 2017-57, s. 11B.5(a)-(c), provides: "(a) The Department of Health and Human Services, Division of Child Development and Early Education (Division), shall allocate child care subsidy voucher funds to pay the costs of necessary child care for minor children of needy families. The mandatory thirty percent (30%) North Carolina Partnership for Children, Inc., subsidy allocation under G.S. 143B-168.15(g) shall constitute the base amount for each county's child care subsidy allocation. The Department of Health and Human Services shall use the following method when allocating federal and State child care funds, not including the aggregate mandatory thirty percent (30%) North Carolina Partnership for Children, Inc., subsidy allocation:

"(1) Funds shall be allocated to a county based upon the projected cost of serving children under age 11 in families with all parents working who earn less than the applicable federal poverty level percentage set forth in Section 11B.3(a) of this act.

"(2) The Division may withhold up to two percent (2%) of available funds from the allocation formula for (i) preventing termination of services throughout the fiscal year and (ii) repayment of any federal funds identified by counties as overpayments, including overpayments due to fraud. The Division shall allocate to counties any funds withheld before the end of the fiscal year when the Division determines the funds are not needed for the purposes described in this subdivision. The Division shall submit a report to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division, which report shall include each of the following:

"a. The amount of funds used for preventing termination of services and the repayment of any federal funds.

"b. The date the remaining funds were distributed to counties.

"c. As a result of funds withheld under this subdivision and after funds have been distributed, any counties that did not receive at least the amount the counties received the previous year and the amount by which funds were decreased.

"The Division shall submit a report in each year of the 2017-2019 fiscal biennium 30 days after the funds withheld pursuant to this subdivision are distributed but no later than April 1 of each respective year.

"(3) The Division shall set aside four percent (4%) of child care subsidy allocations for vulnerable populations, which include a child identified as having special needs and a child whose application for assistance indicates that the child and the child's family is experiencing homelessness or is in a temporary living situation. A child identified by this subdivision shall be given priority for receiving services until such time as set-aside allocations for vulnerable populations are exhausted.

"(b) The Division may reallocate unused child care subsidy voucher funds in order to meet the child care needs of low-income families. Any reallocation of funds shall be based upon the expenditures of all child care subsidy voucher funding, including North Carolina Partnership for Children, Inc., funds within a county. Counties shall manage service levels within the funds allocated to the counties. A county with a spending coefficient over one hundred percent (100%) shall submit a plan to the Division for managing the county's allocation before receiving any reallocated funds.

"(c) When implementing the formula under subsection (a) of this section, the Division shall include the market rate increase in the formula process rather than calculating the increases outside of the formula process. Additionally, the Department shall do the following:

"(1) Implement the final one-third change in a county's allocation beginning fiscal year 2018-2019. A county's initial allocation shall be the county's expenditure in the previous fiscal year or a prorated share of the county's previous fiscal year expenditures if sufficient funds are not available. With the exception of market rate increases consistent with any increases approved by the General Assembly, a county whose spending coefficient is less than ninety-two percent (92%) in the previous fiscal year shall receive its prior year's expenditure as its allocation and shall not receive an increase in its allocation in the following year. A county whose spending coefficient is at least ninety-two percent (92%) in the previous fiscal year shall receive, at a minimum, the amount it expended in the previous fiscal year and may receive additional funding, if available. The Division may waive this requirement and allow an increase if the spending coefficient is below ninety-two percent (92%) due to extraordinary circumstances, such as a State or federal disaster declaration in the affected county. By October 1 of each year, the Division shall report to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division the counties that received a waiver pursuant to this subdivision and the reasons for the waiver.

"(2) Effective immediately following the next new decennial census data release, implement (i) one-third of the change in a county's allocation in the year following the data release, (ii) an additional one-third of the change in a county's allocation beginning two years after the initial change under this subdivision, and (iii) the final one-third change in a county's allocation beginning the following two years thereafter."

For earlier provisions on similar and related subjects, see Session Laws 1999-237, s. 11.48(i), as amended by Session Laws 2000-67, s. 11.28(g); Session Laws 2001-424, s. 21.69(a)-(d); Session Laws 2006-66, s. 37; Session Laws 2007-323, s. 10.16(a)-(c); Session Laws 2009-451, s. 10.2(a)-(c); Session Laws 2011-145, s. 10.2(a)-(c), as amended by Session Laws 2012-142, s. 10.2A; Session Laws 2013-360, s. 12B.4(a)-(c), as amended by Session Laws 2014-100, s. 12B.4; and Session Laws 2015-241, s. 12B.3.

Editor's Note. - Session Laws 2014-100, s. 12B.5, provides: "Effective January 1, 2015, the Department shall implement an adjustment to child care market rates based upon the 2013 Child Care Market Rate Study. Three- to five-star rated child care centers and three- to five-star rated child care homes shall receive twenty-five percent (25%) of the recommended rate adjustments as defined in the 2013 Child Care Market Rate Study."

Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'"

Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year."

Session Laws 2014-100, s. 38.7, is a severability clause.

Session Laws 2015-51, s. 1(a), (b), provides: "(a) It is the intent of the General Assembly that the Department of Health and Human Services, Division of Child Development and Early Education (DCDEE) and the Division of Social Services (DSS), implement a process requiring child care subsidy recipients to participate in child support services programs. To that end, DCDEE and DSS shall develop a plan requiring a custodial parent or other relative or person with primary custody of the child who is receiving child care subsidy payments to cooperate with county child support services programs as a condition of receiving child care subsidy payments. In developing the plan, the DCDEE and DSS shall, at a minimum, consider each of the following:

"(1) The number of child care subsidy cases that would be referred to county child support services programs.

"(2) Whether there are any disparities between child support services programs administered directly by the county department of social services versus those programs administered by a vendor through a contract with the county department of social services, specifically as related to maintaining consistent communication.

"(3) The access and exchange of information between county child support services programs/systems and child care subsidy services/systems and any differences that may create a conflict in coordinating child care subsidy payments with child support services.

"(4) Any implementation issues related to IV-D child support cases versus non-IV-D child support cases.

"(5) Any impact on the families involved and the need to incorporate good cause exceptions for cooperation with county child support services programs similar to those for Temporary Assistance for Needy Families (TANF) and Medicaid.

"(6) Any costs to implement the plan, including any automation costs associated with connecting the child care subsidy payments system to the child support payments system.

"(7) The development of any forms needed to implement the plan.

"(8) Transition time needed to implement the plan and to coordinate any interface with current systems, such as the North Carolina Automated Collection and Tracking System (NC ACTS) and North Carolina Families Accessing Services through Technology (NC FAST).

"(9) Any training needs and costs associated with training.

"(10) Other states that have implemented a similar plan as proposed in this section.

"(11) Other programs of public assistance in this State requiring coordination with child support services programs.

"(12) The need to update any current policies or procedures related to child care subsidy payments and child support payments.

"(13) Any other issues DCDEE or DSS deem relevant.

"(b) The Division of Child Development and Early Education and the Division of Social Services shall submit a report on the plan, along with any recommendations, to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division no later than February 1, 2016."

Session Laws 2015-214, s. 4.1, provides: "Revise Child Care Subsidy Policy Definition. - Effective September 1, 2015, the Department of Health and Human Services, Division of Child Development and Early Education, shall revise its child care subsidy policy to exclude from the policy's definition of 'income unit' a nonparent relative caretaker, and the caretaker's spouse and child, if applicable, when the parent of the child receiving child care subsidy does not live in the home with the child."

Session Laws 2015-241, s. 12B.9(c), provides: "Department of Defense-certified child care facilities licensed pursuant to G.S. 110-106.2, as enacted in subsection (a) of this section, may participate in the State-subsidized child care program that provides for the purchase of care in child care facilities for minor children in needy families; provided, that funds allocated from the State-subsidized child care program to Department of Defense-certified child care facilities shall supplement and not supplant funds allocated in accordance with G.S. 143B-168.15(g). Payment rates and fees for military families who choose Department of Defense-certified child care facilities and who are eligible to receive subsidized child care shall be as set forth in Section 12B.2 of this act."

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

Session Laws 2017-57, s. 11B.7(a)-(c), provides: "(a) Beginning January 1, 2018, or 30 days from the date the U.S. Department of Health and Human Services, Office of Child Care, approves the revised Child Care and Development Fund (CCDF) plan, or whichever occurs later, the Department of Health and Human Services, the Division of Child Development and Early Education (DCDEE) and the Division of Social Services (DSS), shall implement a one-year statewide demonstration project in accordance with S.L. 2015-51 requiring a custodial parent or other relative or person with primary custody of the child who is receiving child care subsidy payments to cooperate with the county child support services program as a condition of receiving child care subsidy payments. DCDEE and DSS shall conduct the demonstration project in at least three counties, but no more than six, that represent the three regions of the State in both rural and urban settings. DCDEE and DSS may solicit counties to volunteer for the demonstration project. In selecting counties to participate in the demonstration project, DCDEE and DSS shall (i) consider the various methods counties employ in receiving and processing child care subsidy applications and (ii) compare the data from the counties participating in the demonstration project to counties that are similarly sized and situated that do not participate in the demonstration project.

"(b) The statewide demonstration project shall include, at a minimum, the components described in Section 1(a) of S.L. 2015-51, as well as any criteria DCDEE and DSS identified in its report as submitted to the Joint Legislative Oversight Committee on Health and Human Services dated February 1, 2016. Specifically, as identified in that report, DCDEE and DSS shall consider, at a minimum, each of the following factors in evaluating the demonstration project:

"(1) The number and percentage of applicants for whom the requirement to participate in child support services was presented who actually submitted a child support application and applied for and received subsidized child care assistance.

"(2) The number and percentage of families exempted from the requirement under subdivision (1) of this subsection through good-cause exceptions.

"(3) The number and percentage of families that initially receive child support payments but become ineligible for subsidized child care assistance as a result of their increased income or family status.

"(4) The number and percentage of families enrolled in the subsidized child care assistance program at the beginning of the demonstration project that exit the program due to imposed requirements for child support cooperation.

"(5) The number and percentage of applicants who declined to apply or withdrew their application as a result of the requirement to cooperate with child support services.

"(6) The number and percentage of child care subsidy recipients who begin receiving child support or, if receiving child support, the average increase in the recipients' child support received due to imposed requirements for child support cooperation.

"(c) The Division of Child Development and Early Education and the Division of Social Services shall report on the results of the demonstration project to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division no later than March 1, 2019, or if the CCDF plan is approved after January 1, 2018, no later than three months from the date the one-year demonstration project is completed, whichever occurs later. The report shall include, at a minimum, each of the following:

"(1) The factors evaluated under subsection (a) of this section.

"(2) A detailed project plan and any costs associated with implementing the plan, specifically, any technology needs.

"(3) Any recommendations for or challenges with sustaining the plan long term."

Session Laws 2017-57, s. 11B.9(a)-(c), as amended by Session Laws 2018-5, s. 11B.5, provides: "(a) Funds allocated to the North Carolina Partnership for Children, Inc., from the Department of Health and Human Services, shall be used to increase access to Dolly Parton's Imagination Library, an early literacy program that mails age-appropriate books on a monthly basis to children registered for the program, with the intent that, upon full implementation, access to the program shall be statewide.

"(b) The North Carolina Partnership for Children, Inc., may use up to one percent (1%) of the funds for statewide program management and up to one percent (1%) of the funds for program evaluation. Funds appropriated under this section shall not be subject to administrative costs requirements under Section 11B.8(b) of this act, nor shall these funds be subject to the child care services funding requirements under G.S. 143B-168.15(b), child care subsidy expansion requirements under G.S. 143B-168.15(g), or the match requirements under Section 11B.8(d) of this act.

"(c) The North Carolina Partnership for Children, Inc., shall report on the success of the early literacy initiative, including any recommendations, to the Joint Legislative Oversight Committee on Health and Human Services by March 1, 2018. The report shall include participation rates for Dolly Parton's Imagination Library."

Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'"

Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium."

Session Laws 2017-57, s. 39.6, is a severability clause.

Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'"

Session Laws 2018-5, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2018-2019 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2018-2019 fiscal year."

Session Laws 2018-5, s. 39.7, is a severability clause.

Effect of Amendments. - Session Laws 2008-123, s. 2, effective July 1, 2008, added subsection (h).

Session Laws 2014-100, s. 12B.2(b), effective July 1, 2014, added the last sentence in subsection (g).

Session Laws 2015-241, s. 12B.9(b), effective January 1, 2016, added the last sentence in subsection (g).

§ 143B-168.16. Home-centered services; consent.

No home-centered services including home visits or in-home parenting training shall be allowed under this Part unless the written, informed consent of the participating parents authorizing the home-centered services is first obtained by the local partnership, educational institution, local school administrative unit, private school, not-for-profit organization, governmental agency, or other entity that is conducting the parenting program. The participating parents may revoke at any time their consent for the home-centered services.

The consent form shall contain a clear description of the program including (i) the activities and information to be provided by the program during the home visits, (ii) the number of expected home visits, (iii) any responsibilities of the parents, (iv) the fact, if applicable, that a record will be made and maintained on the home visits, (v) the fact that the parents may revoke at any time the consent, and (vi) any other information as may be necessary to convey to the parents a clear understanding of the program.

Parents at all times shall have access to any record maintained on home-centered services provided to their family and may place in that record a written response to any information with which they disagree that is in the record.

History

(1993 (Reg. Sess., 1994), c. 766, s. 1.)

§§ 143B-168.17 through 143B-168.24: Reserved for future codification purposes.

PART 10C. CHILD CARE SUBSIDY.

§ 143B-168.25. Child care funds matching requirements.

No local matching funds may be required by the Department of Health and Human Services as a condition of any locality's receiving its initial allocation of child care funds unless federal law requires a match. If the Department reallocates additional funds above twenty-five thousand dollars ($25,000) to local purchasing agencies beyond their initial allocation, local purchasing agencies must provide a twenty percent (20%) local match to receive the reallocated funds. Matching requirements shall not apply when funds are allocated because of an emergency as defined in G.S. 166A-19.3(6).

History

(2017-57, s. 11B.6.)

§ 143B-168.26. Child care revolving loan.

Notwithstanding any law to the contrary, funds budgeted for the Child Care Revolving Loan Fund may be transferred to and invested by the financial institution contracted to operate the Fund. The principal and any income to the Fund may be used to make loans, reduce loan interest to borrowers, serve as collateral for borrowers, pay the contractor's cost of operating the Fund, or pay the Department's cost of administering the program.

History

(2017-57, s. 11B.6.)

§ 143B-168.27. Administrative allowance for county departments of social services; use of subsidy funds for fraud detection.

1. The Department of Health and Human Services, Division of Child Development and Early Education (Division), shall fund the allowance that county departments of social services may use for administrative costs at four percent (4%) of the county's total child care subsidy funds allocated in the Child Care and Development Fund Block Grant plan or eighty thousand dollars ($80,000), whichever is greater.
2. Each county department of social services may use up to two percent (2%) of child care subsidy funds allocated to the county for fraud detection and investigation initiatives.
3. The Division may adjust the allocations in the Child Care and Development Fund Block Grant according to (i) the final allocations for local departments of social services under subsection (a) of this section and (ii) the funds allocated for fraud detection and investigation initiatives under subsection (b) of this section. The Division shall submit a report on the final adjustments to the allocations of the four percent (4%) administrative costs to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division no later than September 30 of each year.

History

(2017-57, s. 11B.6.)

PART 11. COUNCIL FOR INSTITUTIONAL BOARDS.

§§ 143B-169 through 143B-172: Repealed by Session Laws 1979, c. 504, s. 9.

PART 12. BOARDS OF DIRECTORS OF INSTITUTIONS.

§§ 143B-173 through 143B-176: Repealed by Session Laws 1989, c. 533, s. 3.

PART 12A. BOARD OF DIRECTORS OF THE GOVERNOR MOREHEAD SCHOOL.

§§ 143B-176.1, 143B-176.2: Recodified as §§ 143B-164.11 and 143B-164.12 by Session Laws 1997-18, s. 13(b) and (c).

PART 13. COUNCIL ON DEVELOPMENTAL DISABILITIES.

§ 143B-177. Council on Developmental Disabilities - creation, powers and duties.

There is hereby created the Council on Developmental Disabilities of the Department of Health and Human Services. The Council on Developmental Disabilities shall have the following functions and duties:

1. To advise the Secretary of Health and Human Services regarding the development and implementation of the State plan as required by Public Law 98-527, the Developmental Disabilities Act of 1984, by:
   1. Identifying ways and means of promoting public understanding of developmental disabilities;
   2. Examining the federally assisted State programs of all State agencies which provide services for persons with developmental disabilities;
   3. Describing the quality, extent and scope of services being provided, or to be provided, to persons with developmental disabilities in North Carolina;
   4. Recommending ways and means for coordination of programs to prevent duplication and overlapping of such services;
   5. Considering the need for new State programs and laws in the field of developmental disabilities; and
   6. Conducting activities which will increase and support the independence, productivity, and integration into the community of persons with developmental disabilities.
2. To advise the Secretary of Health and Human Services regarding the coordination of planning and service delivery of all State-funded programs which provide service to persons with developmental disabilities by:
   1. Gathering, analyzing and interpreting individual and aggregate needs assessment data from all State agencies that provide services to developmentally disabled;
   2. Conducting special needs assessment studies as may be necessary;
   3. Specifying and supporting activities that will enhance the services delivered by individual agencies by reducing barriers between agencies;
   4. Identifying service development priorities that require cooperative interagency planning and development;
   5. Providing coordinative and technical assistance in interagency planning and development efforts; and
   6. Coordinating interagency training efforts that will promote more effective service delivery to persons with developmental disabilities.
3. To advise the Secretary of Health and Human Services regarding other matters relating to developmental disabilities and upon any matter the Secretary may refer to it.

History

(1973, c. 476, s. 167; 1987, c. 780; 1997-443, s. 11A.118(a).)

§ 143B-178. Council on Developmental Disabilities - definitions.

The following definitions apply to this Chapter:

1. The term "developmental disability" means a severe, chronic disability of a person which:
   1. Is attributable to a mental or physical impairment or combination of mental and physical impairments;
   2. Is manifested before the person attains age 22, unless the disability is caused by a traumatic head injury and is manifested after age 22;
   3. Is likely to continue indefinitely;
   4. Results in substantial functional limitations in three or more of the following areas of major life activity: (i) self-care, (ii) receptive and expressive language, (iii) learning, (iv) mobility, (v) self-direction, (vi) capacity for independent living, and (vii) economic self-sufficiency; and
   5. Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned and coordinated.
2. The term "services for persons with developmental disabilities," as it is used in this Article, means:
   1. Alternative community living arrangement services, employment related activities, child development services, and case management services; and
   2. Any other specialized services or special adaptations of generic services including diagnosis, evaluation, treatment, personal care, child care, adult care, special living arrangements, training, education, sheltered employment, recreation and socialization, counseling of the individual with such a disability and of his family, protective and other social and sociolegal services, information and referral services, follow-along services, nonvocational social-developmental services, and transportation services necessary to assure delivery of services to persons with developmental disabilities, and services to promote and coordinate activities to prevent developmental disabilities.

History

(1973, c. 476, s. 168; 1977, c. 881, ss. 1, 2; 1979, c. 752, s. 1 1987, c. 780; 1995, c. 535, s. 33; 1997-506, s. 61.)

§ 143B-179. Council on Developmental Disabilities - members; selection; quorum; compensation.

1. The Council on Developmental Disabilities of the Department of Health and Human Services shall consist of 32 members appointed by the Governor. The composition of the Council shall be as follows:
   1. Eleven members from the General Assembly and State government agencies as follows: One person who is a member of the Senate, one person who is a member of the House of Representatives, one representative of the Department of Public Instruction, one representative of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, and seven representatives of the Department of Health and Human Services to include the Secretary or his designee.
   2. Sixteen members designated as consumers of service for the developmentally disabled. A consumer of services for the developmentally disabled is a person who (i) has a developmental disability or is the parent or guardian of such a person, or (ii) is an immediate relative or guardian of a person with mentally impairing developmental disability, and (iii) is not an employee of a State agency that receives funds or provides services under the provisions of Part B, Title 1, P.L. 98-527, as amended, the Developmental Disabilities Act of 1984, is not a managing employee (as defined in Section 1126(b) of the Social Security Act) of any other entity that receives funds or provides services under such Part, and is not a person with an ownership or control interest (within the meaning of Section 1124(a)(3) of the Social Security Act) with respect to such an entity. Of these 16 members, at least one third shall be persons with developmental disabilities and at least another one third shall be the immediate relatives or guardians of persons with mentally impairing developmental disabilities, of whom at least one shall be an immediate relative or guardian of an institutionalized developmentally disabled person.
   3. Five members at large as follows: One representative of the university affiliated facility, one representative of the State protection and advocacy system, one representative of a local agency, one representative of a nongovernmental agency or nonprofit group concerned with services to persons with developmental disabilities, and one representative from the public at large.
2. The Governor shall have the power to remove any member of the Council from office in accordance with the provisions of G.S. 143B-16.

The appointments of all members, with the exception of those from the General Assembly and State agencies shall be for terms of four years and until their successors are appointed and qualify. Any appointment to fill a vacancy on the Council created by the resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term.

The Governor shall make appropriate provisions for the rotation of membership on the Council.

The Governor shall designate one member of the Council to serve as chairman at his pleasure.

Members of the Council shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.

A majority of the Council shall constitute a quorum for the transaction of business.

All clerical and other services required by the council shall be supplied by the Secretary of Health and Human Services.

History

(1973, c. 476, s. 169; c. 1117; 1977, c. 881, s. 3; 1979, c. 752, s. 2; 1987, c. 780; 1997-443, s. 11A.118(a); 1997-456, s. 27; 2011-145, s. 19.1(h); 2017-186, s. 2(iiiiii).)

Editor's Note. - Subdivisions (a)(2)(1) through (a)(2)(3) were renumbered as subdivisions (a)(2)(i) through (a)(2)(iii) pursuant to S.L. 1997-456, s. 27 which authorized the Revisor of Statutes to renumber or reletter sections and parts of sections having a number or letter designation that is incompatible with the General Assembly's computer database.

Effect of Amendments. - Session Laws 2011-145, s. 19.1(h), effective January 1, 2012, substituted "Division of Adult Correction of the Department of Public Safety" for "Department of Correction" in subdivision (a)(1).

Session Laws 2017-186, s. 2(iiiiii), effective December 1, 2017, inserted "and Juvenile Justice" in subdivision (a)(1).

§§ 143B-179.1 through 143B-179.4: Reserved for future codification purposes.

PART 13A. INTERAGENCY COORDINATING COUNCIL FOR CHILDREN WITH DISABILITIES FROM BIRTH TO FIVE YEARS OF AGE.

§ 143B-179.5. Interagency Coordinating Council for Children from Birth to Five with Disabilities and Their Families; establishment, composition, organization; duties, compensation, reporting.

1. There is established an Interagency Coordinating Council for Children from Birth to Five with Disabilities and Their Families in the Department of Health and Human Services.
2. The Interagency Coordinating Council shall have 26 members, appointed by the Governor. Effective July 1, 1994, the Governor shall designate 13 appointees to serve for two years and 13 appointees to serve for one year. Thereafter, the terms of all Council members shall be two years. The Governor shall have the power to remove any member of the Council from office in accordance with the provisions of G.S. 143B-16. Any appointment to fill a vacancy on the Council created by the resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term. Members may be appointed to succeed themselves for one term and may be appointed again, after being off the Council for one term.
3. The chair may establish those standing and ad hoc committees and task forces as may be necessary to carry out the functions of the Council and appoint Council members or other individuals to serve on these committees and task forces. The Council shall meet at least quarterly. A majority of the Council shall constitute a quorum for the transaction of business.
4. The Council shall advise the Department of Health and Human Services and other appropriate agencies in carrying out their early intervention services, and the Department of Public Instruction, and other appropriate agencies, in their activities related to the provision of special education services for preschoolers. The Council shall specifically address in its studies and evaluations that it considers necessary to its advising:
   1. The identification of sources of fiscal and other support for the early intervention system;
   2. The development of policies related to the early intervention services;
   3. The preparation of applications for available federal funds;
   4. The resolution of interagency disputes; and
   5. The promotion of interagency agreements.
5. Members of the Council and parents on ad hoc committees and task forces of the Council shall receive travel and subsistence expenses in accordance with the provisions of G.S. 138-5.
6. The Council shall prepare and submit an annual report to the Governor and to the General Assembly on the status of the early intervention system for eligible infants and toddlers and on the status of special education services for preschoolers.

The composition of the Council and the designation of the Council's chair shall be as specified in the "Individuals with Disabilities Education Act" (IDEA), P.L. 102-119, the federal early intervention legislation, except that two members shall be members of the Senate, appointed from recommendations of the President Pro Tempore of the Senate and two members shall be members of the House of Representatives, appointed from recommendations of the Speaker of the House of Representatives.

All clerical and other services required by the Council shall be supplied by the Secretary of Health and Human Services and the Superintendent of Public Instruction, as specified by the interagency agreement authorized by G.S. 122C-112(a)(13).

History

(1989 (Reg. Sess., 1990), c. 1003, s. 1; 1993, c. 487, s. 1; 1997-443, s. 11A.106.)

Consolidation of Early Childhood Education and Care. - For provisions regarding the Task Force on the Consolidation of Early Childhood Education and Care under Session Laws 2009-451, s. 10.7A, and the later Joint Legislative Study Committee on the Consolidation of Early Childhood Education and Care under Session Laws 2010-152, ss. 27.1 through 27.3, see the notes at G.S. 143B-138.1 and G.S. 143B-168.10.

Editor's Note. - Session Laws 1989 (Reg. Sess. 1990), c. 1003, s. 6 provides: "Funds appropriated for the 1990-91 fiscal year or for any fiscal year in the future do not constitute any entitlement to services beyond those provided for that fiscal year. Nothing in this act creates any rights except to the extent that funds are appropriated by the State to implement its provisions from year to year and nothing in this act obligates the General Assembly to appropriate any funds to implement its provisions." Funds to implement the provisions of c. 1003 were appropriated in the 1989 (Reg. Sess., 1990) Session.

§ 143B-179.5A: Repealed by Session Laws 2008-85, s. 1, effective July 11, 2008.

§ 143B-179.6. Interagency Coordinating Council for Children with Disabilities from Birth to Five Years of Age; agency cooperation.

All appropriate agencies, including the Department of Health and Human Services and the Department of Public Instruction, and other public and private service providers shall cooperate with the Council in carrying out its mandate.

History

(1989 (Reg. Sess., 1990), c. 1003, s. 1; 1997-443, s. 11A.107; 2006-69, s. 3(p).)

Effect of Amendments. - Session Laws 2006-69, s. 3(p), effective July 10, 2006, substituted "Children with Disabilities" for "Handicapped Children" in the section catchline.

PART 14. GOVERNOR'S ADVISORY COUNCIL ON AGING; DIVISION OF AGING.

§ 143B-180. Governor's Advisory Council on Aging - creation, powers and duties.

There is hereby created the Governor's Advisory Council on Aging of the Department of Health and Human Services. The Advisory Council on Aging shall have the following functions and duties:

1. To make recommendations to the Governor and the Secretary of Health and Human Services aimed at improving human services to the elderly;
2. To study ways and means of promoting public understanding of the problems of the aging, to consider the need for new State programs in the field of aging, and to make recommendations to and advise the Governor and the Secretary on these matters;
3. To advise the Department of Health and Human Services in the preparation of a plan describing the quality, extent and scope of services being provided, or to be provided, to elderly persons in North Carolina;
4. To study the programs of all State agencies which provide services for elderly persons and to advise the Governor and the Secretary of Health and Human Services on the coordination of programs to prevent duplication and overlapping of such services;
5. To advise the Governor and the Secretary of Health and Human Services upon any matter which the Governor and the Secretary may refer to it.

History

(1973, c. 476, s. 171; 1977, c. 242, s. 1; 1983, c. 40, s. 1; 1997-443, s. 11A.118(a).)

§ 143B-181. Governor's Advisory Council on Aging - members; selection; quorum; compensation.

The Governor's Advisory Council on Aging of the Department of Health and Human Services shall consist of 33 members, 29 members to be appointed by the Governor, two members to be appointed by the President Pro Tempore of the Senate, and two members to be appointed by the Speaker of the House of Representatives. The composition of the Council shall be as follows: one representative of the Department of Administration; one representative of the Department of Natural and Cultural Resources; one representative of the Division of Employment Security; one representative of the Teachers' and State Employees' Retirement System; one representative of the Commissioner of Labor; one representative of the Department of Public Instruction; one representative of the Department of Environmental Quality; one representative of the Department of Insurance; one representative of the Department of Public Safety; one representative of the Department of Community Colleges; one representative of the School of Public Health of The University of North Carolina; one representative of the School of Social Work of The University of North Carolina; one representative of the Agricultural Extension Service of North Carolina State University; one representative of the collective body of the Medical Society of North Carolina; and 19 members at large. The at large members shall be citizens who are knowledgeable about services supported through the Older Americans Act of 1965, as amended, and shall include persons with greatest economic or social need, minority older persons, and participants in programs under the Older Americans Act of 1965, as amended. The Governor shall appoint 15 members at large who meet these qualifications and are 60 years of age or older. The four remaining members at large, two of whom shall be appointed by the President Pro Tempore of the Senate and two of whom shall be appointed by the Speaker of the House of Representatives, shall be broadly representative of the major private agencies and organizations in the State who are experienced in or have demonstrated particular interest in the special concerns of older persons. At least one of each of the at-large appointments of the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall be persons 60 years of age or older. The Council shall meet at least quarterly.

Members at large shall be appointed for four-year terms and until their successors are appointed and qualify. Ad interim appointments shall be for the balance of the unexpired term.

The Governor shall have the power to remove any member of the Council from office in accordance with the provisions of G.S. 143B-16 of the Executive Organization Act of 1973.

The Governor shall designate one member of the Council as chair to serve in such capacity at his pleasure.

Members of the Council shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.

A majority of the Council shall constitute a quorum for the transaction of business.

All clerical and other services required by the Council shall be supplied by the Secretary of Health and Human Services.

History

(1973, c. 476, s. 172; 1975, c. 128, ss. 1, 2; 1977, c. 242, s. 2; c. 771, s. 4; 1983, c. 40, s. 2; 1989, c. 727, s. 218(127); 1993, c. 522, s. 16; 1995, c. 490, s. 3; 1997-443, s. 11A.108; 2011-145, s. 19.1(g); 2011-401, s. 3.19; 2015-241, s. 14.30(s), (u).)

Effect of Amendments. - Session Laws 2011-145, s. 19.1(g), effective January 1, 2012, substituted "Public Safety" for "Crime Control and Public Safety" in the second sentence of the first paragraph.

Session Laws 2011-401, s. 3.19, effective November 1, 2011, substituted "Division of Employment Security" for "Employment Security Commission" in the second sentence of the first paragraph.

Session Laws 2015-241, s. 14.30(s), (u) effective July 1, 2015, in the second sentence of the first paragraph, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" and substituted "Department of Environmental Quality" for "Department of Environment and Natural Resources."

§ 143B-181.1. Division of Aging - creation, powers and duties.

1. There is hereby created within the office of the Secretary of the Department of Health and Human Services a Division of Aging, which shall have the following functions and duties:
   1. To maintain a continuing review of existing programs for the aging in the State of North Carolina, and periodically make recommendations to the Secretary of Health and Human Services for transmittal to the Governor and the General Assembly as appropriate for improvements in and additions to such programs;
   2. To study, collect, maintain, publish and disseminate factual data and pertinent information relative to all aspects of aging. These include the societal, economic, educational, recreational and health needs and opportunities of the aging;
   3. To stimulate, inform, educate and assist local organizations, the community at large, and older people themselves about aging, including needs, resources and opportunities for the aging, and about the role they can play in improving conditions for the aging;
   4. To serve as the agency through which various public and nonpublic organizations concerned with the aged can exchange information, coordinate programs, and be helped to engage in joint endeavors;
   5. To provide advice, information and technical assistance to North Carolina State government departments and agencies and to nongovernmental organizations which may be considering the inauguration of services, programs, or facilities for the aging, or which can be stimulated to take such action;
   6. To coordinate governmental programs with private agency programs for aging in order that such efforts be effective and that duplication and wasted effort be prevented or eliminated;
   7. To promote employment opportunities as well as proper and adequate recreational use of leisure for older people, including opportunities for uncompensated but satisfying volunteer work;
   8. To identify research needs, encourage research, and assist in obtaining funds for research and demonstration projects;
   9. To establish or help to establish demonstration programs of services to the aging;
   10. To establish a fee schedule to cover the cost of providing in-home and community-based services funded by the Division. The fees may vary on the basis of the type of service provided and the ability of the recipient to pay for the service. The fees may be imposed on the recipient of a service unless prohibited by federal law. The local agency shall retain the fee and use it to extend the availability of in-home and community-based services provided by the Division in support of functionally impaired older adults and family caregivers of functionally impaired older adults;
   11. To administer a Home and Community Care Block Grant for older adults, effective July 1, 1992. The Home and Community Care Block Grant shall be comprised of applicable Older Americans Act funds, Social Services Block Grant funding in support of the Respite Care Program (G.S. 143B-181.10), State funds for home and community care services administered by the Division of Aging, portions of the State In-Home and Adult Day Care funds (Chapter 1048, 1981 Session Laws) administered by the Division of Social Services which support services to older adults, and other funds appropriated by the General Assembly as part of the Home and Community Care Block Grant. Funding currently administered by the Division of Social Services to be included in the block grant will be based on the expenditures for older adults at a point in time to be mutually determined by the Divisions of Social Services and Aging. The total amount of Older Americans Act funds to be included in the Home and Community Care Block Grant and the matching rates for the block grant shall be established by the Department of Health and Human Services, Division of Aging. Allocations made to counties in support of older adults shall not be less than resources made available for the period July 1, 1990, through June 30, 1991, contingent upon availability of current State and federal funding; and
   12. To organize, coordinate, and provide staff support to the North Carolina Senior Tar Heel Legislature; [and]
   13. To develop a strategic State plan for Alzheimer's disease. The plan shall address ways to improve at least all of the following with respect to Alzheimer's disease:
       1. Statewide awareness and education.
       2. Early detection and diagnosis.
       3. Care coordination.
       4. Quality of care.
       5. Health care system capacity.
       6. Training for health care professionals.
       7. Access to treatment.
       8. Home- and community-based services.
       9. Long-term care.
       10. Caregiver assistance.
       11. Research.
       12. Brain health.
       13. Data collection.
       14. Public safety and safety-related needs of individuals with Alzheimer's disease.
       15. Legal protections for individuals living with Alzheimer's disease and their caregivers.
       16. State policies to assist individuals with Alzheimer's disease and their families.
2. The Division shall function under the authority of the Department of Health and Human Services and the Secretary of Health and Human Services as provided in the Executive Organization Act of 1973 and shall perform such other duties as are assigned by the Secretary.
3. The Secretary of Health and Human Services shall adopt rules to implement this Part and Title 42, Chapter 35, of the United States Code, entitled Programs for Older Americans.

History

(1977, c. 242, s. 4; 1981, c. 614, s. 19; 1987, c. 827, s. 244; 1991, c. 52, s. 1; c. 241, s. 1; 1993, c. 503, s. 2; 1997-443, s. 11A.118(a); 2014-100, s. 12D.5.)

Effect of Amendments. - Session Laws 2014-100, s. 12D.5, effective July 1, 2014, added subdivision (a)(13).