General assembly of north carolina
§ 143B 437.91.§ 106 755.2. North Carolina Wine and Grape Growers Council – Composition; terms; reimbursement
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| § 143B 437.91.§ 106 755.2. North Carolina Wine and Grape Growers Council – Composition; terms; reimbursement.
(a) The North Carolina Wine and Grape Growers Council shall consist of 10 members who shall be appointed by the Secretary of Commerce Commissioner of Agriculture as provided in this section. The members of the Council shall be divided into an advisory committee for the Vinifera Group and an advisory committee for the Muscadines Group for the purpose of performing the powers and duties prescribed in G.S. 143B 437.90 and for the purpose of promoting North Carolina wineries and tourism related to the wineries. (b) Each advisory committee shall consist of five members, who shall be appointed by the Secretary of Commerce Commissioner of Agriculture to serve two year terms, which shall be staggered. The members appointed shall be chosen from among individuals who have education or experience in the wine industry or in the field of tourism. No member of an advisory committee may serve for more than two consecutive terms. Initial terms shall commence September 1, 2011. (c) Each advisory committee shall meet at least twice each calendar year during which time each committee shall discuss issues related to the Council's powers and duties, including ways in which to promote and advertise North Carolina wineries and ways in which to improve, use, and distribute State maps showing winery locations. The Vinifera Group shall meet at the NC Shelton Badgett Viticulture Center at Surry Community College, and the Muscadines Group shall meet at Duplin Community College. After each meeting, each advisory committee shall report to the Secretary of Commerce Commissioner of Agriculture with its recommendations. Notwithstanding any other provision of law, committee members shall receive no salary, per diem, subsistence, travel reimbursement, or other stipend or reimbursement as a result of serving on their respective committees. (d) Each advisory committee shall elect from the membership of each committee a chair and vice chair. Vacancies resulting from the resignation of a member or otherwise shall be filled in the same manner in which the original appointment was made, and the term shall be for the balance of the unexpired term. A majority of the members of each committee shall constitute a quorum for the transaction of business. The affirmative vote of a majority of the members present at meetings of each committee shall be necessary for action to be taken by the committee."
SECTION 13.10. Section 14.12A(a) of S.L. 2011 145 is repealed. GRASSROOTS SCIENCE PROGRAM SECTION 13.11. Section 14.11 of S.L. 2011 145 is amended by adding a new subsection to read as follows: "SECTION 14.11.(b1) Any reductions in funds in the 2012 2013 fiscal year shall be taken on a pro rata basis from the museums listed in subsection (b) of this section."
SECTION 13.12. Section 14.13 of S.L. 2011 145, as amended by Section 37 of S.L. 2011 391, reads as rewritten: "REGIONAL ECONOMIC DEVELOPMENT COMMISSIONS ALLOCATIONS "SECTION 14.13.(a) Funds appropriated in this act to the Department of Commerce for regional economic development commissions shall be allocated to the following commissions in accordance with subsection (b) of this section: Western North Carolina Regional Economic Development Commission, Research Triangle Regional Partnership, Southeastern North Carolina Regional Economic Development Commission, Piedmont Triad Partnership, Northeastern North Carolina Regional Economic Development Commission, North Carolina's Eastern Region Economic Development Partnership, and Carolinas Partnership, Inc. "SECTION 14.13.(b) Funds appropriated pursuant to subsection (a) of this section shall be allocated to each regional economic development commission as follows: (1) First, the Department shall establish each commission's allocation by determining the sum of allocations to each county that is a member of that commission. Each county's allocation shall be determined by dividing the county's development factor by the sum of the development factors for eligible counties and multiplying the resulting percentage by the amount of the appropriation. As used in this subdivision, the term "development factor" means a county's development factor as calculated under G.S. 143B 437.08; and (2) Next, the Department shall subtract from funds allocated to the North Carolina's Eastern Region Economic Development Partnership the sum of one hundred seventy four thousand eight hundred ninety dollars ($174,890) one hundred sixty one thousand eight hundred sixty one dollars ($161,861) in the 2011 2012 2012 2013 fiscal year, which sum represents (i) the total interest earnings in the prior fiscal year on the estimated balance of the seven million five hundred thousand dollars ($7,500,000) appropriated to the Global TransPark Development Zone in Section 6 of Chapter 561 of the 1993 Session Laws and (ii) the total interest earnings in the prior fiscal year on loans made from the seven million five hundred thousand dollars ($7,500,000) appropriated to the Global TransPark Development Zone in Section 6 of Chapter 561 of the 1993 Session Laws; and (3) Next, the Department shall redistribute the sum of one hundred seventy four thousand eight hundred ninety dollars ($174,890) one hundred sixty one thousand eight hundred sixty one dollars ($161,861) in the 2011 2012 2012 2013 fiscal year to the seven regional economic development commissions named in subsection (a) of this section. Each commission's share of this redistribution shall be determined according to the development factor formula set out in subdivision (1) of this subsection. This redistribution shall be in addition to each commission's allocation determined under subdivision (1) of this subsection. "SECTION 14.13.(c) No more than one hundred twenty thousand dollars ($120,000) in State funds shall be used for the annual salary of any one employee of a regional economic development commission. "SECTION 14.13.(d) The General Assembly finds that successful economic development requires the collaboration of the State, regions of the State, counties, and municipalities. Therefore, the regional economic development commissions are encouraged to seek supplemental funding from their county and municipal partners to continue and enhance their efforts to attract and retain business in the State." BIOFUELS CENTER OF NORTH CAROLINA SECTION 13.12A. Section 14.14 of S.L. 2011 145 is amended by adding a new subsection to read as follows: "SECTION 14.14.(a1) Any reductions in funds in the 2012 2013 fiscal year shall be taken on a pro rata basis from the programs listed in subsection (a) of this section." NORTH CAROLINA BIOTECHNOLOGY CENTER SECTION 13.12B. Section 14.15 of S.L. 2011 145 is amended by adding a new subsection to read as follows: "SECTION 14.15.(a1) Any reductions in funds in the 2012 2013 fiscal year shall be taken on a pro rata basis from the programs listed in subsection (a) of this section." RURAL CENTER/RURAL JOBS FUND SECTION 13.13. Section 14.20(d) of S.L. 2011 145 reads as rewritten: "SECTION 14.20.(d) Rural Jobs Infrastructure Grants. – A Rural Jobs Infrastructure Grant is available to supplement other funds to be applied to the construction or installation costs of an eligible project. Other funds contributed to the project may include federal funds, State funds, and local funds, including contributions from private sector enterprises that may benefit from the proposed improvements. A Rural Jobs Infrastructure Grant is subject to the following provisions: (1) Eligibility. – A local government unit is eligible for a Rural Jobs Infrastructure Grant if it is a rural county or is located in a rural county. (2) Maximum grant amount. – Grant funds shall be available based upon the number of private sector jobs to be created as a result of the investment from the Rural Jobs Infrastructure Grant Fund. An applicant for a grant may request up to five thousand dollars ($5,000) per job to be created. An applicant for a Rural Jobs Infrastructure Grant shall not receive more than five hundred thousand dollars ($500,000) for a proposed infrastructure project. Notwithstanding the provisions of this subdivision, the Rural Center may, if it deems it reasonable and appropriate based upon the number of private sector jobs created and/or the anticipated benefits to the community, award grant funds to a local government that exceed five thousand dollars ($5,000) per job to be created, provided that the average amount of the total grant funds from the funds appropriated in subsection (a) of this section does not exceed five thousand dollars ($5,000) per job to be created. (3) Matching funds. – A local government unit shall match a Rural Jobs Infrastructure Grant on a dollar for dollar basis. As part of the matching funds, recipients of grant funds under the provisions of this section shall contribute a cash match for the grant that is equivalent to at least five percent (5%) of the grant amount. The required applicant cash matching contribution shall come from local resources and may not be derived from other State or federal grant funds or from funds provided by the Rural Center." RURAL ECONOMIC DEVELOPMENT CENTER SECTION 13.13A. Section 14.16(a) of S.L. 2011 145 reads as rewritten: "SECTION 14.16.(a) Of the funds appropriated in this act to the North Carolina Rural Economic Development Center, Inc., (Rural Center) the sum of three million five hundred eighty three thousand six hundred ninety one dollars ($3,583,691)two million nine hundred twenty two thousand eight hundred forty six dollars ($2,922,846) for each year in the 2011 2013 bienniumthe 2012 2013 fiscal year shall be allocated as follows: 2011 2012 2012 2013 Center Administration, Technical Assistance, & Oversight $1,302,173 $1,302,173$1,062,047 Research and Demonstration Grants $294,120 $294,120$239,883 Institute for Rural Entrepreneurship $114,570 $114,570$93,443 Community Development Grants $844,250 $844,250$688,568 Microenterprise Loan Program $155,610 $155,610$126,915 Water/Sewer/Business Development Matching Grants $701,955 $701,955$572,512 Statewide Water/Sewer Database $79,523 $79,523$ 64,859 Agricultural Advancement Consortium $91,490 $91,490.$ 74,619."
"SECTION 14.17.(a) Of the funds appropriated in this act to the North Carolina Rural Economic Development Center, Inc. (Rural Center), the sum of sixteen million five hundred five thousand seven hundred fifty eight dollars ($16,505,758)thirteen million four hundred sixty two thousand forty three dollars ($13,462,043)) for each year in the 2011 2013 biennium the 2012 2013 fiscal year shall be allocated as follows: (1) To continue the North Carolina Infrastructure Program. The purpose of the Program is to provide grants to local governments to construct critical water and wastewater facilities and to provide other infrastructure needs, including technology needs, to sites where these facilities will generate private job creating investment. The grants under this Program shall not be subject to the provisions of G.S. 143 355.4. (2) To provide matching grants or loans to local governments in distressed areas that will productively reuse vacant buildings and properties, with priority given to towns or communities with populations of less than 5,000. (3) To provide grants and technical assistance to reinvigorate the economies of towns with populations of less than 7,500, and to invest in economic innovation that stimulates business and job growth in distressed areas. (4) Recipients of grant funds appropriated under this section shall contribute a cash match for the grant that is equivalent to at least five percent (5%) of the grant amount. The cash match shall come from local resources and may not be derived from other State or federal grant funds or from funds provided by the Rural Center. … "SECTION 14.17.(c) During each year of the 2011 2013 biennium,For the 2012 2013 fiscal year, the Rural Center may use up to three hundred twenty nine thousand one hundred seventy eight dollars ($329,178)three percent (3%) of the funds appropriated in this act section to cover its expenses in administering the North Carolina Economic Infrastructure Program. …." OPPORTUNITIES INDUSTRIALIZATION CENTERS FUNDS SECTION 13.14A. Section 14.18(a) of S.L. 2011 145 reads as rewritten: "SECTION 14.18.(a) Of the funds appropriated in this act to the North Carolina Rural Economic Development Center, Inc. (Rural Center), the sum of two hundred eighty seven thousand two hundred eighty dollars ($287,280) two hundred thirty four thousand three hundred five dollars ($234,305) for each year in the 2011 2013 biennium the 2012 2013 fiscal year shall be equally distributed among the certified Opportunities Industrialization Centers (OI Centers)." REGIONAL ECONOMIC DEVELOPMENT COMMISSIONS/STUDY SECTION 13.15. The Legislative Research Commission is authorized to study the funding and alignment of the membership of each of the regional economic development commissions listed in Section 14.13 of S.L. 2011 145, as amended by Section 37 of S.L. 2011 391, in order to determine (i) whether the needs of each member organization are being adequately served by the commission of which it is a member and (ii) whether there are areas in which improvement in service can be made in the most cost effective manner. PART XIV. Department of Public Safety DIVISION OF ADULT CORRECTION/RELEASE DATES SECTION 14.1. Notwithstanding any other provision of law, the Division of Adult Correction may establish more than two release dates per month for inmates leaving prison. INMATE MEDICAL COSTS SECTION 14.2.(a) Section 19.20 of S.L. 2009 451, as amended by Section 15A of S.L. 2009 575 and Section 19.6(h) of S.L. 2010 31, is repealed. SECTION 14.2.(b) Section 18.10(d) of S.L. 2011 145 reads as rewritten: "SECTION 18.10.(d) The Department ofDivision of Adult Correction shall report to the Joint Legislative Commission on Governmental OperationsOversight Committee on Justice and Public Safety and the Chairs of the House and Senate Appropriations Subcommittees on Justice and Public Safety no later than November 1, 2011November 1, 2012, and quarterly thereafter on: (1) The volume of services provided by community medical providers that can be scheduled in advance and, of that volume, the percentage of those services that are provided by contracted providers; andproviders. (2) The volume of services provided by community medical providers that cannot be scheduled in advance and, of that volume, the percentage of those services that are provided by contracted providers. (3) The volume of services provided by community medical providers that are emergent cases requiring hospital admissions and emergent cases not requiring hospital admissions. (4) The volume of inpatient medical services provided to Medicaid eligible inmates, the cost of treatment, and the estimated savings of paying the nonfederal portion of Medicaid for the services. (5) The status of the Division's efforts to contract with hospitals to provide secure wards in each of the State's five prison regions."
(1) The position number, position type, salary, and position location of each new position created under the authority of this section. (2) The position number, position type, fund code, and position location of each vacant position used to create new positions under the authority of this section.
SECTION 14.3. The Division of Adult Correction of the Department of Public Safety shall study the feasibility of creating a technical violation center to house probationers ordered to serve a period of 90 days in confinement due to a technical violation of the condition of their probation. The study would determine the feasibility and cost effectiveness of using such a center operated by the Community Corrections Section for confinements resulting from technical corrections rather than placing the probationers in State prison facilities. The Department shall report its findings and recommendations to the Office of State Budget and Management and the House and Senate Appropriations Subcommittees on Justice and Public Safety no later than January 1, 2013. Department of public safety management flexibility reductions SECTION 14.3A. In implementing the management flexibility reductions required by this act for the 2012 2013 fiscal year, the Department of Public Safety shall not do any of the following: (1) Close Bladen Correctional Center. (2) Reduce community program funding in either the Division of Adult Correction or the Division of Juvenile Justice. (3) Eliminate any district level State Highway Patrol trooper positions. STATE FUNDS MAY BE USED AS FEDERAL MATCHING FUNDS SECTION 14.4. Funds appropriated in this act to the Department of Public Safety for the Division of Juvenile Justice for the 2012 2013 fiscal year may be used as matching funds for the Juvenile Accountability Incentive Block Grants. If North Carolina receives Juvenile Accountability Incentive Block Grants or a notice of funds to be awarded, the Office of State Budget and Management and the Governor's Crime Commission shall consult with the Division of Juvenile Justice regarding the criteria for awarding federal funds. The Office of State Budget and Management, the Governor's Crime Commission, and the Division of Juvenile Justice shall report to the Chairs of the House of Representatives and Senate Appropriations Subcommittees on Justice and Public Safety and to the Joint Legislative Commission on Governmental Operations prior to allocation of the federal funds. The report shall identify the amount of funds to be received for the 2012 2013 fiscal year and the allocation of funds by program and purpose. Any Juvenile Accountability Incentive Block Grant awarded to North Carolina is subject to the provisions of G.S. 143C 7 1 and shall not obligate the State financially in future fiscal years. REPEAL REQUIREMENT REGARDING THE STAFFING TREATMENT MODEL AT YOUTH DEVELOPMENT CENTERS SECTION 14.5. Section 17.7 of S.L. 2011 145 is repealed. MULTIPURPOSE GROUP HOME FUNDS SECTION 14.6. Of the funds appropriated in this act to the Department of Public Safety for the Division of Juvenile Justice, the sum of five hundred fifty thousand dollars ($550,000) shall be used to continue operating a multipurpose group home in Craven County. JUVENILE CRIME PREVENTION COUNCIL FUNDS SECTION 14.7. Section 17.4(b) of S.L. 2011 145 reads as rewritten: "SECTION 17.4.(b) Of the funds appropriated by this act for the 2011 20122012 2013 fiscal year to the Department of Juvenile Justice and Delinquency Prevention Department of Public Safety for Juvenile Crime Prevention Council grants, the sum of one hundred twenty one thousand six hundred dollars ($121,600) shall be transferred to Project Challenge North Carolina, Inc., to be used for the continued support of Project Challenge programs throughout the State."
SECTION 15.1. Article 1 of Chapter 114 of the General Statutes is amended by adding a new section to read: "§ 114 8.5. Itemized billing for legal services provided to State agencies. Whenever the Department of Justice charges a State agency, board, or commission for legal services rendered by the Department, the Department shall do so by providing the agency, board, or commission with an invoice that includes at least all of the following information for all charges: (1) The case or matter for which the agency, board, or commission is being charged. (2) The name of each attorney who worked on each case or matter and the number of hours worked by each attorney. (3) The hourly rate being charged by each attorney."
SECTION 15.2. Beginning on February 1, 2013, and every six months thereafter, the Attorney General shall report on the work of Department of Justice attorneys during the previous two quarters. The reports required by this section shall be filed with the Chairs of the House and Senate Appropriations Subcommittees on Justice and Public Safety and with the Fiscal Research Division of the General Assembly as follows: (1) Agency specific work. – A report on the work of Department of Justice attorneys for State agencies. This report shall include at least all of the following information: a. The amount of time spent working for each State department and agency. b. The amount of time spent on each case for each State department and agency. c. The amount billed to each State agency for the legal services provided. (2) Other work. – A report on the work of Department of Justice attorneys that is not on behalf of a particular State agency. The report required by this subdivision shall include all of the information required by subdivision (1) of this section. The report shall include at least all of the following information: a. The amount of time spent by each unit of the Department of Justice. b. The amount of time spent on each particular matter for each unit of the Department of Justice.
SECTION 15.3.(a) The Department of Justice, Health Insurance Consumer Protection Unit, and any portion of the Managed Care Patient Assistance Program managed by the Department of Justice is transferred to the Department of Insurance. This transfer shall have all of the elements of a Type I transfer, as described in G.S. 143A 6. SECTION 15.3.(b) G.S. 143 730(a) reads as rewritten: "(a) The Office of Managed Care Patient Assistance Program is established in an existing State agency or department designated by the Governor. The Director of the Office of Managed Care Patient Assistance Program shall be appointed by the Governor. the Department of Insurance." ESTABLISH HUMAN TRAFFICKING COMMISSION SECTION 15.3A.(a) Establishment. – There is established in the Department of Justice the North Carolina Human Trafficking Commission. SECTION 15.3A.(b) Members. – The Commission shall consist of 12 members as follows: (1) The President Pro Tempore of the Senate shall appoint one representative from each of the following: a. The public at large. b. A county sheriff's department. c. A city or town police department. (2) The Speaker of the House of Representatives shall appoint one representative from each of the following: a. The public at large. b. A county sheriff's department. c. A city or town police department. (3) The Governor shall appoint one representative from the public at large. (4) The following persons, or their designees, shall serve as ex officio members of the Commission: a. The Secretary of Public Safety. b. The Secretary of Administration. c. The Secretary of Labor. d. The Secretary of Health and Human Services. e. The Attorney General. SECTION 15.3A.(c) Powers. – The Commission shall have the following powers: (1) To apply for and receive, on behalf of the State, funding from federal, public or private initiatives, grant programs, or donors that will assist in examining and countering the problem of human trafficking in North Carolina. (2) To commission, fund, and facilitate quantitative and qualitative research to explore the specific ways human trafficking is occurring in North Carolina and the links to international and domestic human trafficking, and to assist in creating measurement, assessment, and accountability mechanisms. (3) To contribute to efforts to inform and educate law enforcement personnel, social services providers, and the general public about human trafficking so that human traffickers can be prosecuted and victim survivors can receive appropriate services. (4) To suggest new policies, procedures, or legislation to further the work of eradicating human trafficking and to provide assistance and review with new policies, procedures, and legislation. (5) To assist in developing regional response teams or other coordinated efforts to counter human trafficking at the level of law enforcement, legal services, social services, and nonprofits. (6) To identify gaps in law enforcement or service provision and recommend solutions to those gaps. (7) To consider whether human trafficking should be added to the list of criminal convictions that require registration under the sex offender and public protection registration program. SECTION 15.3A.(d) Terms. – Members shall serve until the Commission terminates. SECTION 15.3A.(e) Meetings. – The chair shall convene the Commission. Meetings shall be held as often as necessary, but not less than four times a year. SECTION 15.3A.(f) Quorum. – A majority of the members of the Commission shall constitute a quorum for the transaction of business. The affirmative vote of a majority of the members present at meetings of the Commission shall be necessary for action to be taken by the Commission. SECTION 15.3A.(g) Vacancies. – A vacancy on the Commission or as chair of the Commission resulting from the resignation of a member or otherwise shall be filled in the same manner in which the original appointment was made, and the term shall be for the balance of the unexpired term. SECTION 15.3A.(h) Removal. – The Commission may remove a member for misfeasance, malfeasance, nonfeasance, or neglect of duty. SECTION 15.3A.(i) Compensation. – Commission members shall receive no per diem for their services but shall be entitled to receive travel allowances in accordance with the provisions of G.S. 138 5 or G.S. 138 6, as appropriate. SECTION 15.3A.(j) Staffing. – The Department of Justice shall be responsible for staffing the Commission. SECTION 15.3A.(k) Termination. – The Commission established under this section shall terminate on December 31, 2014. Require Planning of Western Regional Laboratory SECTION 15.4. From funds available, the Department of Justice shall plan a Western Regional Laboratory to be located on the Edneyville Campus of the Training Academy. The Department shall report on the plan to the Chairs of the House of Representatives and Senate Appropriations Committees, to the Chairs of the House of Representatives and Senate Appropriations Subcommittees on Justice and Public Safety, and to the Fiscal Research Division no later than February 1, 2013. The report shall include (i) the plans developed pursuant to this section; (ii) the estimated cost of completing the laboratory; (iii) the estimated cost of operating the laboratory during its first five years of operation; (iv) an estimated time line for completion of the laboratory; and (v) any other relevant information. No Elimination of Crime Lab Positions SECTION 15.5. In implementing the management flexibility reductions required by this act for the 2012 2013 fiscal year, the Department of Justice shall not eliminate positions at laboratory facilities. PART XVI. Judicial Department STUDY MANAGEMENT OF MAGISTRATE SCHEDULES SECTION 16.1. The Administrative Office of the Courts shall study the management of magistrate schedules throughout the General Court of Justice and make recommendations to (i) provide for more efficient use of the magistrates established for each county; and (ii) ensure that each county has sufficient coverage to adequately respond to law enforcement and the public. The Administrative Office of the Courts shall report its finding and recommendations to the Chairs of the House and Senate Appropriations Subcommittees on Justice and Public Safety by March 1, 2013. FAMILY COURT PROGRAMS SECTION 16.2. The Administrative Office of the Courts shall provide direction and oversight to the existing family court programs in order to ensure that each district with a family court program is utilizing best practices and is working effectively and efficiently in the disposition of domestic and juvenile cases. The Administrative Office of the Courts shall report on its efforts in this regard and the results of those efforts to the Chairs of the House and Senate Appropriations Subcommittees on Justice and Public Safety by March 1, 2013. FOREIGN LANGUAGE INTERPRETERS FOR THE COURTS SECTION 16.3.(a) G.S. 7A 314(f) is repealed. SECTION 16.3.(b) G.S. 7A 343 reads as rewritten:
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