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§ 136 82. Department of Transportation to establish and maintain ferries - General assembly of north carolina

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§ 136 82. Department of Transportation to establish and maintain ferries.

The Department of Transportation is vested with authority to provide for the establishment and maintenance of ferries connecting the parts of the State highway system, whenever in its discretion the public good may so require, and to prescribe andshall collect such tolls therefor as may, in the discretion of the Department of Transportation, be expedient.tolls, as established by the Board of Transportation, on the ferry routes. The Board of Transportation shall establish tolls for all ferry routes, except for the Ocracoke/Hatteras Ferry and the Knotts Island Ferry.

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

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

SECTION 24.18.(b)

The Department of Transportation shall disregard Executive Order No. 116, or any other executive order pertaining to ferry tolls, and shall collect the tolls required by S.L. 2011 145 and this section, except for the Cherry Branch/Minnesott Beach route, for which the Department of Transportation shall not collect the increased tolls required by S.L. 2011 145 during fiscal year 2012 2013.

PUBLIC TRANSPORTATION FUNDING ADJUSTMENTS

SECTION 24.19.(a)

The Regional New Starts & Capital Program within the Public Transportation Division of the Department of Transportation is eliminated. The unexpended balance of funds for this program is reallocated to the LYNX Blue Line Extension/Northeast Corridor project.

SECTION 24.19.(b)

Effective July 1, 2013, G.S. 136 176 is amended by adding a new subsection to read as follows: "

§ 136 176. Creation, revenue sources, and purpose of North Carolina Highway Trust Fund.

(e) Subject to G.S. 136 17.2A and other funding distribution formulas, funds allocated under subdivisions (1), (3), and (4) of subsection (b) of this section may also be used for fixed guideway projects, including providing matching funds for federal grants for fixed guideway projects."


REPEAL PROGRAM EVALUATION DIVISION STUDY OF NORTH CAROLINA RAILROAD COMPANY

SECTION 24.20.

Section 28.12A of S.L. 2011 145, as amended by Section 52 of S.L. 2011 391, is repealed.

STUDY INTERSTATE 95 TOLLING

SECTION 24.21.(a)

The Department of Transportation shall conduct a comprehensive study of the transportation corridor containing Interstate 95, including, but not limited to, the following:

(1) The economic impact of tolling the present road on the residents and businesses along the Interstate 95 corridor.

(2) The impact of tolling the present road on the alternative routes to Interstate 95, including expected increased traffic on those routes, any safety issues created by any increased traffic on those routes, and expected travel time delays for drivers using the alternative routes.

(3) New or existing alternative routes for Interstate 95.

(4) Options for funding to make critical repairs and lane mile expansions to Interstate 95 without the use of tolls.

The Department shall solicit feedback on its various tolling proposals from the local governments and residents along the Interstate 95 corridor.

SECTION 24.21.(b)

The Department of Transportation shall report the results of its study to the 2013 General Assembly by March 1, 2013.

SECTION 24.21.(c)

Notwithstanding G.S. 136 89.198, the Department of Transportation shall not establish or collect tolls on Interstate 95 prior to July 1, 2014.

PART XXV. Salaries and Benefits


GOVERNOR AND COUNCIL OF STATE

SECTION 25.01.(a)

Section 29.1(a) of S.L. 2011 145 reads as rewritten:

"

SECTION 29.1.(a)

Effective for the 2011 2013 fiscal biennium,2011 2012 fiscal year, the salary of the Governor set by G.S. 147 11(a) in the amount of one hundred thirty nine thousand five hundred ninety dollars ($139,590) annually, payable monthly, shall remain unchanged."

SECTION 25.01.(b)

G.S. 147 11(a) reads as rewritten:

"(a) The salary of the Governor shall be one hundred thirty nine thousand five hundred ninety dollars ($139,590) one hundred forty one thousand two hundred sixty five dollars ($141,265) annually, payable monthly."

SECTION 25.01.(c)

The prefatory language contained in Section 29.1(b) of S.L. 2011 145 reads as rewritten:

"

SECTION 29.1.(b)

Effective for the 2011 2013 fiscal biennium, 2011 2012 fiscal year, the annual salaries for the members of the Council of State, payable monthly, for the 2011 2013 fiscal biennium shall remain unchanged as follows: are set as follows:".

SECTION 25.01.(d)

Effective for the 2012 2013 fiscal year, the annual salaries for members of the Council of State, payable monthly, are set as follows:
Council of State Annual Salary

Lieutenant Governor $124,676

Attorney General 124,676

Secretary of State 124,676

State Treasurer 124,676

State Auditor 124,676

Superintendent of Public Instruction 124,676

Agriculture Commissioner 124,676

Insurance Commissioner 124,676

Labor Commissioner 124,676


NONELECTED DEPARTMENT HEADS

SECTION 25.02.(a)

Section 29.2(a) of S.L. 2011 145 reads as rewritten:

"

SECTION 29.2.(a)

Effective for the 2011 2013 fiscal biennium,2011 2012 fiscal year, the salaries set by G.S. 143B 9, the maximum annual salaries, payable monthly, for the nonelected heads of the principal State departments remain unchanged are set as follows:


Nonelected Department Heads Annual Salary

Secretary of Administration $120,363

Secretary of Cultural Resources 120,363

Secretary of Commerce 120,363

Secretary of Environment and Natural Resources 120,363

Secretary of Health and Human Services 120,363

Secretary of Public Safety 120,363

Secretary of Revenue 120,363

Secretary of Transportation 120,363".

SECTION 25.02.(b)

Effective July 1, 2012, the maximum annual salaries, payable monthly, for the nonelected heads of the principal State departments are set as follows:
Nonelected Department Heads Annual Salary

Secretary of Administration $121,807

Secretary of Cultural Resources 121,807

Secretary of Commerce 121,807

Secretary of Environment and Natural Resources 121,807

Secretary of Health and Human Services 121,807

Secretary of Public Safety 121,807

Secretary of Revenue 121,807

Secretary of Transportation 121,807

SECTION 25.02.(c)

G.S. 143B 9 reads as rewritten: "

§ 143B 9. Appointment of officers and employees.

The head of each principal State department, except those departments headed by popularly elected officers, shall be appointed by the Governor and serve at his 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.

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 State Personnel Act. The salary of such chief deputy or chief assistant shall, upon the recommendation of the Governor, be set by the General Assembly.shall be set by the Governor. Unless otherwise provided for in the Executive Organization Act of 1973, and subject to the provisions of the Personnel 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."

SECTION 25.02.(d)

Subsection (c) of this section applies to persons appointed on or after January 1, 2013. Subsection (b) of this section does not apply to such persons.

CERTAIN EXECUTIVE BRANCH OFFICIALS

SECTION 25.1.(a)

Section 29.3 of S.L. 2011 145 reads as rewritten:

"

CERTAIN EXECUTIVE BRANCH OFFICIALS

"

SECTION 29.3.

Effective for the 2011 2013 fiscal biennium, 2012 2013 fiscal year, the annual salaries, payable monthly, for the following executive branch officials shall remain unchanged are set as follows:
Executive Branch Officials Annual Salary

Chairman, Alcoholic Beverage Control Commission $109,553$110,868

State Controller 153,319155,159

Commissioner of Motor Vehicles 109,553110,868

Commissioner of Banks 123,198124,676

Chairman, Employment Security Commission 120,363

Chair, Board of Review, Division of Employment Security 122,255

Members, Board of Review, Division of Employment Security 120,737

State Personnel Director 120,363121,807

Chairman, Parole Commission 100,035101,235

Full time Members of the Parole Commission 93,464

Part time Members of the Parole Commission 46,17846,732

Chairman, Utilities Commission 137,203138,849

Members of the Utilities Commission 123,198124,676

Executive Director, Agency for Public

Telecommunications 92,356

Director, Museum of Art 112,256113,603

Executive Director, North Carolina

Agricultural Finance Authority 106,635107,915

State Chief Information Officer 153,227155,066".

SECTION 25.1.(b)

G.S. 20 2(a) reads as rewritten:

"(a) Commissioner and Assistants. – The Division of Motor Vehicles shall be administered by the Commissioner of Motor Vehicles, who shall be appointed by and serve at the pleasure of the Secretary of the Department of Transportation. The Commissioner shall be paid an annual salary to be fixed by the General Assembly in the Current Operations Appropriations Act Governor and allowed his traveling expenses as allowed by law.

In any action, proceeding, or matter of any kind, to which the Commissioner of Motor Vehicles is a party or in which he may have an interest, all pleadings, legal notices, proof of claim, warrants for collection, certificates of tax liability, executions, and other legal documents, may be signed and verified on behalf of the Commissioner of Motor Vehicles by the Assistant Commissioner of Motor Vehicles or by any director or assistant director of any section of the Division of Motor Vehicles or by any other agent or employee of the Division so authorized by the Commissioner of Motor Vehicles."

SECTION 25.1.(c)

G.S. 126 3(a) reads as rewritten:

"(a) There is hereby established the Office of State Personnel (hereinafter referred to as "the Office") which shall be placed for organizational purposes within the Department of Administration. Notwithstanding the provisions of North Carolina State government reorganization as of January 1, 1975, and specifically notwithstanding the provisions of Chapter 864 of the 1971 North Carolina Session Laws [Chapter 143A], the Office of State Personnel shall exercise all of its statutory powers in this Chapter independent of control by the Secretary of Administration and shall be under the administration and supervision of a State Personnel Director (hereinafter referred to as "the Director") appointed by the Governor and subject to the supervision of the Commission for purposes of this Chapter. The salary of the Director shall be fixed by the General Assembly in the Current Operations Appropriations Act. Governor. The Director shall serve at the pleasure of the Governor."

SECTION 25.1.(d)

G.S. 140 5.15(c) reads as rewritten:

"(c) The State funded portion of the salary of the Director shall be fixed by the General Assembly in the Current Operations Appropriations Act.Governor."

SECTION 25.1.(e)

G.S. 147 33.76(c) reads as rewritten:

"(c) The salary of the State Chief Information Officer shall be set by the General Assembly in the Current Operations Appropriations Act.Governor. The State Chief Information Officer shall receive longevity pay on the same basis as is provided to employees of the State who are subject to the State Personnel Act."

SECTION 25.1.(f)

Subsections (b) through (e) of this section apply to persons appointed to the positions of Commissioner of Motor Vehicles, State Personnel Director, Director of the North Carolina Museum of Art, and State Chief Information Officer on or after January 1, 2013. Subsection (a) of this section does not apply to such persons.

SECTION 25.1.(g)

Effective August 1, 2012, G.S. 143B 721 reads as rewritten: "

§ 143B 721. Post Release Supervision and Parole Commission – members; selection; removal; chairman; compensation; quorum; services.

(a) Effective August 1, 2005, the Post Release Supervision and Parole Commission shall consist of one full time member and two half time members. The three members shall be appointed by the Governor from persons whose recognized ability, training, experience, and character qualify them for service on the Commission. The terms of office of any members serving on the Commission on June 30, 2005, shall expire on that date. The terms of office of persons appointed by the Governor as members of the Commission shall be for four years or until their successors are appointed and qualify. Any appointment to fill a vacancy on the Commission created by the resignation, removal, death or disability of a member shall be for the balance of the unexpired term only.

(a1) Effective August 1, 2012, both half time commissioners shall begin serving as full time members of the Commission, and the Post Release Supervision and Parole Commission shall consist of three full time members.

(a2) Effective February 1, 2013, an additional member shall be appointed by the Governor to the Commission, and the Post Release Supervision and Parole Commission shall consist of four full time members.

(b) All members of the Post Release Supervision and Parole Commission appointed by the Governor shall possess the recognized ability, training, experience, and character to qualify each person to serve ably on the Commission.

(c) The Governor shall have the authority to remove any member of the Commission from office for misfeasance, malfeasance or nonfeasance, pursuant to the provisions of G.S. 143B 13. The Governor shall designate a member of the Commission to serve as chair of the Commission at the pleasure of the Governor.

(d) The granting, denying, revoking, or rescinding of parole, the authorization of work release privileges to a prisoner, or any other matters of business coming before the Commission for consideration and action shall be decided by majority vote of the full Commission.

(e) The members of the Commission shall receive the salary fixed by the General Assembly in the Current Operations Appropriations Act and shall receive necessary travel and subsistence expenses in accordance with the provisions of G.S. 138 6. Notwithstanding any other provision of law, the half time members of the Commission shall not be subject to the provisions of G.S. 135 3(8)(c).

(f) All clerical and other services required by the Commission shall be supplied by the Secretary of the Department of Public Safety."

JUDICIAL BRANCH

SECTION 25.1A.(a)

Section 29.4(a) of S.L. 2011 145 reads as rewritten:

"

SECTION 29.4.(a)

Effective for the 2011 2013 fiscal biennium,2012 2013 fiscal year, the annual salaries, payable monthly, for specified judicial branch officials shall remain unchanged are set as follows:


Judicial Branch Officials Annual Salary

Chief Justice, Supreme Court $140,932$142,623

Associate Justice, Supreme Court 137,249138,896

Chief Judge, Court of Appeals 135,061136,682

Judge, Court of Appeals 131,531133,109

Judge, Senior Regular Resident Superior Court 127,957129,492

Judge, Superior Court 124,382125,875

Chief Judge, District Court 112,946114,301

Judge, District Court 109,372110,684

District Attorney 119,305120,737

Administrative Officer of the Courts 126,738128,259

Assistant Administrative Officer of the Courts 115,763117,152

Public Defender 119,305120,737

Director of Indigent Defense Services 123,022124,498".

SECTION 25.1A.(b)

The annual salaries of permanent full time employees of the Judicial Department whose salaries are not itemized in this act shall be increased by one and two tenths percent (1.2%).

SECTION 25.1A.(c)

Section 29.4(b) of S.L. 2011 145 reads as rewritten:

"

SECTION 29.4.(b)

Effective for the 2011 2013 fiscal biennium,2011 2012 fiscal year, the annual salaries of employees of the Judicial Department shall remain unchanged as follows:

(1) The annual salaries of permanent full time and part time employees of the Judicial Department whose salaries are not itemized in this act shall remain unchanged.

(2) Notwithstanding anything to the contrary, the annual salaries of clerks of superior court under G.S. 7A 101(a) shall not change when a county changes from one population group to another.

(3) The annual salaries of assistant and deputy clerks of court set under G.S. 7A 102(c1) shall remain unchanged for the 2011 2013 fiscal biennium.

(4) The annual salaries of magistrates set under G.S. 7A 171.1(a) or G.S. 7A 171.1(a1)(1) shall remain unchanged."

SECTION 25.1A.(d)

The district attorney or public defender of a judicial district, with the approval of the Administrative Officer of the Courts or the Commission on Indigent Defense Services, respectively, shall set the salaries of assistant district attorneys or assistant public defenders, respectively, in that district such that the average salaries of assistant district attorneys or assistant public defenders in that district do not exceed seventy one thousand seven hundred ninety seven dollars ($71,797) and the minimum salary of any assistant district attorney or assistant public defender is at least thirty seven thousand six hundred twenty eight dollars ($37,628), effective July 1, 2012.

SECTION 25.1A.(e)

G.S. 7A 101(a) reads as rewritten:

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

Population Annual Salary

Less than 100,000 $ 82,401$ 83,390

100,000 to 149,999 92,46893,578

150,000 to 249,999 102,536103,766

250,000 and above 112,607.113,958

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

SECTION 25.1A.(f)

G.S. 7A 102(c1) reads as rewritten:

"(c1) A full time assistant clerk or a full time deputy clerk, and up to one full time deputy clerk serving as head bookkeeper per county, shall be paid an annual salary subject to the following minimum and maximum rates:

Assistant Clerks and Head Bookkeeper Annual Salary

Minimum $32,222$32,609

Maximum 54,76755,424
Deputy Clerks Annual Salary

Minimum $27,888$28,223

Maximum 42,596.43,107".

SECTION 25.1A.(g)

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

"(1) A full time magistrate shall be paid the annual salary indicated in the table set out in this subdivision. A full time magistrate is a magistrate who is assigned to work an average of not less than 40 hours a week during the term of office. The Administrative Officer of the Courts shall designate whether a magistrate is full time. Initial appointment shall be at the entry rate. A magistrate's salary shall increase to the next step every two years on the anniversary of the date the magistrate was originally appointed for increases to Steps 1 through 3, and every four years on the anniversary of the date the magistrate was originally appointed for increases to Steps 4 through 6.

Table of Salaries of Full Time Magistrates

Step Level Annual Salary

Entry Rate $32,633$33,025

Step 1 35,52535,951

Step 2 38,67139,135

Step 3 42,13442,640

Step 4 45,99946,551

Step 5 50,33550,959

Step 6 55,23855,901".

SECTION 25.1A.(h)

G.S. 7A 171.1(a1)(1) reads as rewritten:

"(a1) Notwithstanding subsection (a) of this section, the following salary provisions apply to individuals who were serving as magistrates on June 30, 1994:

(1) The salaries of magistrates who on June 30, 1994, were paid at a salary level of less than five years of service under the table in effect that date shall be as follows:

Less than 1 year of service $26,528$26,846

1 or more but less than 3 years of service 27,69528,027

3 or more but less than 5 years of service 30,044.30,405

Upon completion of five years of service, those magistrates shall receive the salary set as the Entry Rate in the table in subsection (a)."

legislative branch

SECTION 25.1B.(a)

Section 29.5 of S.L. 2011 145 reads as rewritten:

"

GENERAL ASSEMBLY

"

SECTION 29.5.

For the 2011 2013 fiscal biennium, the salaries of members and officers of the General Assembly shall remain unchanged at the amounts set under G.S. 120 3, as provided in 1994 by the 1993 General Assembly. Effective for the 2011 2013 fiscal biennium,2011 2012 fiscal year, salaries in the legislative branch shall remain unchanged, as follows:

(1) The salaries of members and officers of the General Assembly shall remain unchanged at the amounts set under G.S. 120 3, as provided in 1994 by the 1993 General Assembly.

(2) The annual salaries set by G.S. 120 37(c) for the principal clerks in each house shall remain unchanged.

(3) The annual salaries set by G.S. 120 37(b) of the sergeant at arms and the reading clerk in each house shall remain unchanged.

(4) The annual salaries of the Legislative Services Officer and of nonelected employees of the General Assembly set under G.S. 120 32 shall remain unchanged."

SECTION 25.1B.(b)

G.S. 120 37(c) reads as rewritten:

"(c) The principal clerks shall be full time officers. Each principal clerk shall be entitled to other benefits available to permanent legislative employees and shall be paid an annual salary of one hundred four thousand eighty four dollars ($104,084) one hundred five thousand three hundred thirty three dollars ($105,333), payable monthly. Each principal clerk shall also receive such additional compensation as approved by the Speaker of the House of Representatives or the President Pro Tempore of the Senate, respectively, for additional employment duties beyond those provided by the rules of their House. The Legislative Services Commission shall review the salary of the principal clerks prior to submission of the proposed operating budget of the General Assembly to the Governor and shall make appropriate recommendations for changes in those salaries. Any changes enacted by the General Assembly shall be by amendment to this paragraph."

SECTION 25.1B.(c)

G.S. 120 37(b) reads as rewritten:

"(b) The sergeant at arms and the reading clerk in each house shall be paid a salary of three hundred eighty dollars ($380.00) three hundred eighty five dollars ($385.00) per week plus subsistence at the same daily rate provided for members of the General Assembly, plus mileage at the rate provided for members of the General Assembly for one round trip only from their homes to Raleigh and return. The sergeants at arms shall serve during sessions of the General Assembly and at such time prior to the convening of, and subsequent to adjournment or recess of, sessions as may be authorized by the Legislative Services Commission. The reading clerks shall serve during sessions only."

SECTION 25.1B.(d)

The Legislative Services Officer shall increase the salaries of nonelected employees of the General Assembly in effect on June 30, 2012, by one and two tenths percent (1.2%).

COMMUNITY COLLEGES PERSONNEL

SECTION 25.1C.(a)

Section 29.6 of S.L. 2011 145 reads as rewritten:

"

COMMUNITY COLLEGES PERSONNEL

"

SECTION 29.6.(a)

The annual salaries of all community college nonfaculty and professional staff whose salaries are supported from the State's General Fund shall remain unchanged for the 2011 2013 fiscal biennium.2011 2012 fiscal year.

"

SECTION 29.6.(b)

For the 2011 2013 fiscal biennium,2011 2012 fiscal year, the annual salaries of all community college faculty whose salaries are supported from the State's General Fund shall remain unchanged. The minimum salaries for nine month, full time curriculum community college faculty shall also remain unchanged as follows:

Education Level Minimum Salary

Vocational Diploma/Certificate or Less $34,314

Associate Degree or Equivalent $34,819

Bachelor's Degree $37,009

Master's Degree or Education Specialist $38,952

Doctoral Degree $41,753.

No full time faculty member shall earn less than the minimum salary for his or her education level.

The pro rata hourly rate of the minimum salary for each education level shall be used to determine the minimum salary for part time faculty members."

SECTION 25.1C.(b)

For the 2012 2013 fiscal year, the Director of the Budget shall transfer from the Reserve for Compensation Increases created in this act to the State Board of Community Colleges funds sufficient to provide community college employees a salary increase of one and two tenths percent (1.2%), including funds for the employers' retirement and social security contributions. These compensation funds may be used for any one or more of the following: (i) merit pay increases, (ii) across the board increases, (iii) recruitment bonuses, (iv) retention increases, (v) any other compensation increase, (vi) to offset the management flexibility reduction, or (vii) employ personnel. Categories (i) through (v) shall be pursuant to policies adopted by the State Board of Community Colleges. The State Board of Community Colleges shall make a preliminary report on the use of these funds to the 2013 Regular Session of the General Assembly no later than March 1, 2013, and a final report on September 1, 2013.

UNIVERSITY OF NORTH CAROLINA SYSTEM

SECTION 25.1D.(a)

Section 29.7 of S.L. 2011 145 reads as rewritten:

"

UNIVERSITY OF NORTH CAROLINA SYSTEM

"

SECTION 29.7.(a)

The annual salaries of all University of North Carolina EPA faculty, EPA nonfaculty, SPA employees, and teachers employed by the North Carolina School of Science and Math shall remain unchanged for the 2011 2013 fiscal biennium.2011 2012 fiscal year.

"

SECTION

29.7.(b)

The annual salaries of all employees of the University of North Carolina Health Care System and the Medical Faculty Practice Plan at East Carolina University shall remain unchanged for the 2011 2013 fiscal biennium.2011 2012 fiscal year."

SECTION 25.1D.(b)

For the 2012 2013 fiscal year, the Director of the Budget shall transfer from the Reserve for Compensation Increases created in this act to the Board of Governors of The University of North Carolina funds sufficient to provide employees who are exempt from the State Personnel Act (EPA) a salary increase of one and two tenths percent (1.2%), including funds for the employers' retirement and social security contributions. These compensation funds may be used to award compensation increases to EPA employees, pursuant to policies adopted by the Board of Governors, including, but not limited to, any one or more of the following: (i) merit pay increases, (ii) across the board increases, (iii) recruitment bonuses, and (iv) retention increases. These compensation funds may also be used for one or more of the following (i) to offset the management flexibility reduction, or (ii) employ personnel. The Board of Governors shall make a preliminary report on the use of funds under this subsection to the 2013 Regular Session of the General Assembly no later than March 1, 2013, and a final report on September 1, 2013.

SECTION 25.1D.(c)

For the 2012 2013 fiscal year, the Director of the Budget shall transfer from the Reserve for Compensation Increases created in this act to the Board of Governors of The University of North Carolina funds sufficient to provide to employees who are subject to the State Personnel Act (SPA) a salary increase of one and two tenths percent (1.2%), including funds for the employers' retirement and social security contributions.


MOST STATE EMPLOYEES

SECTION 25.1E.(a)

Section 29.9 of S.L. 2011 145 reads as rewritten:

"

MOST STATE EMPLOYEES

"

SECTION 29.9.(a)

Effective for the 2011 2013 fiscal biennium,2011 2012 fiscal year, the salaries in effect June 30, 2011, of all permanent, full time State employees whose salaries are set in accordance with the State Personnel Act, shall remain unchanged.

"

SECTION 29.9.(b)

Effective for the 2011 2013 fiscal biennium,2011 2012 fiscal year, the compensation of permanent, full time State officials and persons in exempt positions shall remain unchanged.

"

SECTION

29.9.(c)

Effective for the 2011 2013 fiscal biennium,2011 2012 fiscal year, the salaries of permanent, part time State employees shall remain unchanged.

"

SECTION

29.9.(d)

Effective for the 2011 2013 fiscal biennium,2011 2012 fiscal year, the compensation of temporary and permanent hourly State employees shall remain unchanged."

SECTION 25.1E.(b)

For the 2012 2013 fiscal year, the salaries in effect June 30, 2012, for the following employees shall be increased by one and two tenths percent (1.2%), effective July 1, 2012:

(1) Permanent full time State officials and persons whose salaries are set in accordance with the State Personnel Act.

(2) Permanent full time State officials and persons in positions exempt from the State Personnel Act.

(3) Permanent part time State employees.

SECTION 25.1E.(c)

For the 2012 2013 fiscal year, the rate of pay of temporary State employees and permanent hourly State employees may be increased on an equitable basis (i) subject to the availability of funds in the employing State agency, department, or institution and (ii) within regular State Budget Act procedures consistent with this act.

SECTION 25.1E.(d)

Section 29.10(b) of S.L. 2011 145 reads as rewritten:

"

SECTION 29.10.(b)

For the 2011 2013 fiscal biennium, 2011 2012 fiscal year, the salaries of permanent, full time employees who work a nine , ten , or eleven month work year schedule shall remain unchanged."


ALL STATE SUPPORTED PERSONNEL/SALARY INCREASES

SECTION

25.1F

.(a)

The Director of the Budget shall transfer from the Reserve for Compensation Increases in this act for fiscal year 2012 2013 all funds necessary for the salary increases provided by this act, including funds for the employers' retirement and social security contributions.

SECTION 25.1F.(b)

Salaries and related benefits for positions that are funded partially from the General Fund or Highway Fund and partially from sources other than the General Fund or Highway Fund shall be increased from the General Fund or Highway Fund appropriation only to the extent of the proportionate part of the salaries paid from the General Fund or Highway Fund. Nothing in this act authorizes the transfer of funds between the General Fund and the Highway Fund for salary increases.

SECTION 25.1F.(c)

The fiscal year 2012 2013 salary increases provided in this act are to be effective July 1, 2012, and do not apply to persons separated from State service due to resignation, dismissal, reduction in force, death, or retirement or whose last workday is prior to July 1, 2012.

SECTION 25.1F.(d)

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

SECTION 25.1F.(e)

Payroll for employees on or after July 1, 2012, which represent payment of services provided prior to these increases shall not be eligible for salary increases provided for in this act. This subsection shall apply to all employees, subject to or exempt from the State Personnel Act, paid from State funds, including public schools, community colleges, and The University of North Carolina.

SECTION 25.1F.(f)

Except as otherwise provided by this act, for the 2012 2013 fiscal year, permanent full time State agency employees and State funded public school employees who work a nine , 10 , or 11 month work year schedule shall receive the one and two tenths percent (1.2%) annual increase provided by this act.

SALARY ADJUSTMENTS FOR SPECIAL CIRCUMSTANCES ONLY/NO AUTOMATIC INCREASES

SECTION 25.2.

Section 29.8 of S.L. 2011 145, as amended by Section 59A of S.L. 2011 391, reads as rewritten:

"

SECTION 29.8.(a)

The annual pay of all State employees for the 2011 2013 fiscal biennium 2011 2012 fiscal year shall remain unchanged from that authorized on June 30, 2011, or the last date in pay status during the 2010 2011 fiscal year, if earlier, except that an increase may be allowed during the 2011 2012 fiscal year under the following special circumstances:

(1) For all State employees regardless of funding source, and for employees of the North Carolina Community College System and local school boards who are paid from State funds, salaries may be increased for reallocations or promotions, in range adjustments for job change, career progression adjustments for demonstrated competencies, or any other adjustment related to an increase in job duties or responsibilities, none of which are subject to the salary freeze otherwise provided by this Part. All other salary increases are prohibited.

(1a) For employees of the North Carolina Community College System, notwithstanding subdivision (1) of this subsection, salaries may be increased if the increase is funded from local funding sources.

(2) For The University of North Carolina, (i) faculty using funds from the Faculty Recruiting and Retention Fund, the Distinguished Professors Endowment Fund, or the University Cancer Research Fund in the case of faculty involved in cancer research supported by that fund and (ii) faculty, nonfaculty, and other employee adjustments, including retention adjustments, funded from non State funding sources.

(3) For employees of the judicial branch, for local supplementation as authorized by G.S. 7A 300.1.

The cumulative salary adjustment allowed under this subsection for the 2011 2012 fiscal year may exceed ten percent (10%) of annual salary only if the adjustment is approved in advance by the Office of State Budget and Management, The University of North Carolina Board of Governors, the Board of the North Carolina Community College System, the Legislative Services Commission, the local board of education, or other authorized body as appropriate.

"

SECTION 29.8.(b)

The automatic salary step increases for assistant and deputy clerks of superior court and magistrates are suspended for the 2011 2013 fiscal biennium.

"

SECTION 29.8.(c)

The salary increase provisions of G.S. 20 187.3 are suspended for the 2011 2013 fiscal biennium.

"

SECTION 29.8.(d)

Notwithstanding G.S. 53 96.1, and except as provided by subdivision (1) of subsection (a) of this section, employees of the Office of the Commissioner of Banks shall not be awarded compensation increases or bonuses during the 2011 2013 fiscal biennium. Employees of the Office of the Commissioner of Banks shall receive an across the board salary increase of one and two tenths percent (1.2%) for the 2012 2013 fiscal year, as provided in section 25.1E of The Current Operations and Capital Improvements Appropriations Act of 2012.

"

SECTION 29.8.(e)

Employees of the Lottery Commission shall not receive compensation bonuses during the 2011 2013 fiscal biennium. Employees of the Lottery Commission shall receive an across the board salary increase of one and two tenths percent (1.2%) for the 2012 2013 fiscal year, as provided in section 25.1E of The Current Operations and Capital Improvements Appropriations Act of 2012.

"

SECTION 29.8.(f)

No employee of any other State agency or constituent institution of The University of North Carolina, excluding employees of the University of North Carolina Health Care System and employees participating in a constituent institution's medical faculty practice plan, shall receive compensation bonuses."

repeal of provisions related to Compensation Adjustment and Performance Pay Reserve

SECTION 25.2A.

Section 29.20A of S.L. 2011 145 is repealed.

monitor most salary increases

SECTION 25.2B.

Section 29.19 of S.L. 2011 145 reads as rewritten:

"

SECTION 29.19.(a)

The Office of State Budget and Management and the Office of State Personnel shall monitor jointly the compliance of salary increases awarded by the following units of government with the provisions of Section 29.8 of this act and shall submit quarterly reports of their monitoring activities to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Fiscal Research Division: (i) State agencies, departments, and institutions, including authorities, boards, and commissions; (ii) the judicial branch; and (iii) The University of North Carolina and its constituent institutions.

The quarterly reports required by this section shall include the following information:

(1) For agencies reporting through the BEACON HR/Payroll system, (i) a breakdown by action type (including (including, but not limited to, promotion, reallocation, career progression, salary adjustment, range revision, equity and any similar actions increasing employee pay) of the number and annual amount of those increases and (ii) a breakdown by action reason (including in range higher level, acting pay, trainee adjustment, and other similar action reasons) of the number and annual amount of those action types coded as salary adjustment.

(2) For The University of North Carolina and its constituent institutions, a breakdown of the number and annual amount of those increases categorized by the University as promotions, changes in job duties or responsibilities, Distinguished Professorships, retention pay, career progression, and any other similar actions increasing employee pay.

(3) A summary of actions taken by the Office of State Budget and Management and the Office of State Personnel with respect to unauthorized salary increases.

"

SECTION 29.19.(b)

The Legislative Services Officer shall report quarterly to the President Pro Tempore of the Senate and the Speaker of the House of Representatives on compliance with this act."

Repeal Comprehensive Compensation System

SECTION 25.2C.(a)

The catch line of G.S. 126 7 reads as rewritten: "



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