A BILL TO BE ENTITLED
AN ACT TO MAKE TECHNICAL AND CLARIFYING MODIFICATIONS TO THE CURRENT OPERATIONS AND CAPITAL IMPROVEMENTS APPROPRIATIONS ACT OF 2008; to MAKe CLARIFYING CHANGES TO THE NORTH CAROLINA HEALTH INSURANCE RISK POOL FUND; to AUTHORIZe THE DEPARTMENT OF PUBLIC INSTRUCTION TO FUND ADDITIONAL PLANNING GRANTS FOR LEARN AND EARN AND EXPEND FUNDS TO INFORM EIGHTH AND NINTH GRADERS ABOUT OPPORTUNITIES FOR HIGHER EDUCATION PROGRAMS; TO MAINTAIN FIVE FLOODPLAIN MAPPING POSITIONS; TO ADJUST THE COMPENSATION OF THE CHIEF COURT OF APPEALS JUDGE TO CREATE AN EQUIVALENT PAY DIFFERENTIAL RELATIVE TO THE PAY OF THE CHIEF JUSTICE OF THE SUPREME COURT; to AUTHORIZE WESTERN CAROLINA UNIVERSITY, UNIVERSITY OF NORTH CAROLINA AT ASHEVILLE, AND MOUNTAIN AREA HEALTH EDUCATION CONSORTIUM TO EXPEND FUNDS FOR BUILDING THE NORTH CAROLINA CENTER FOR HEALTH AND AGING; and TO PROVIDE THAT EAST CAROLINA UNIVERSITY, EDGECOMBE COMMUNITY COLLEGE, AND NASH COMMUNITY COLLEGE ADMINISTER JOINTLY THE NURSING AND ALLIED HEALTH PROGRAM HOUSED AT THE UNC UPPER COASTAL PLAIN HIGHER EDUCATION AND HEALTH CENTER.
The General Assembly of North Carolina enacts:

PART I. TECHNICAL CHANGES
SECTION 1.1.  Section 2.1 of House Bill 2436 of the 2007 Regular Session, if it becomes law, is amended by deleting the phrase "Pending Gang Prevention Legislation (HB 274)" and substituting the phrase "Pending Gang Prevention Legislation".
SECTION 1.2.  House Bill 2436 of the 2007 Regular Session, if it becomes law, is amended by adding a new section to read:
"STUDY OF LAPSED SALARY USE
SECTION 6.5.  Section 6.18(b) of S.L. 2007‑323 reads as rewritten:
'SECTION 6.18.(b)  The Office of State Budget and Management shall report its findings, including an estimate of the total amount of lapsed salaries by each State agency, to the Joint Legislative Commission on Governmental Operations by February 1, 2009.'"
SECTION 1.3.(b)  Section 7.14(g) of House Bill 2436 of the 2007 Regular Session, if it becomes law, is amended by deleting "subsection (b)" and substituting "subsection (c)".
SECTION 1.3.(c)  Section 7.14(b) of House Bill 2436 of the 2007 Regular Session, if it becomes law, reads as rewritten:
"SECTION 7.14.(b)  Committee. – The Committee on Dropout Prevention, as created in Section 7.32 of S.L. 2007‑323, is reestablished to determine which local school administrative units, schools, agencies, and nonprofits shall receive dropout prevention grants under this section, the amount of each grant, and eligible uses of the grant funding. When utilizing outside grant reviewers and raters, the Committee is encouraged to utilize individuals who represent public schools, universities, and community‑based organizations.
The Committee shall continue to be located administratively in the Department of Public Instruction but shall exercise its powers and duties independently of the Department of Public Instruction. The Department of Public Instruction shall provide for the administrative costs of the Committee. The Department of Public Instruction shall provide technical assistance to the grant recipients for the length of thegrant.
The members of the Committee shall assure they are in compliance with laws and rules governing conflicts of interest. The Committee shall meet on the call of the cochairs provided that the Committee shall meet at least once every three months.
In the event of a vacancy on the Committee, the appointing authorities are encouraged to provide representation on the Committee from each of the eight educational districts as defined in G.S. 115C‑65."
SECTION 1.3.(d)  Subdivision (1) of Section 8.8 of House Bill 2436 of the 2007 Regular Session, if it becomes law, is amended by deleting "; and" and substituting ".".
SECTION 1.3.(e)  Section 8.9(b) of House Bill 2436 of the 2007 Regular Session, if it becomes law, is amended by deleting "(Budget Code 16800, Fund 1603)" and substituting "(Budget Code 26800, Fund 2000)".
SECTION 1.3.(f)  Section 9.7(c) of S.L. 2007‑323, as amended by Section 9.2(d) of House Bill 2436 of the 2007 Regular Session, if it becomes law, reads as rewritten:
"SECTION 9.7.(c)  There is appropriated from the Escheat Fund to the State Education Assistance Authority the sum of fifty million dollars ($50,000,000) for the 2008‑2009 fiscal year."
SECTION 1.4.  Section 9.4 of House Bill 2436 of the 2007 Regular Session, if it becomes law, reads as rewritten:
"SECTION 9.4.(a)  The North Carolina Principal Fellows Commission in collaboration with the State Education Assistance Authority shall make available an optional six‑month scholarship in the amount of twenty thousand dollars ($20,000) to any person who was a recipient of a scholarship loan through the Principal Fellows Program and who:  (i) was in Class 10 of the Principal Fellows Program for the 2003‑2004 academic year, (ii) completed the Principal Fellows Program, and (iii) has either served as a school administrator for four years at a North Carolina public school or at a school operated by the United States as required by G.S. 116‑74.43, or who has had the loan forgiven by the State Education Assistance Authority pursuant to G.S. 116‑74.43. A person may be eligible for the optional six‑month scholarship only after fulfilling all contractual obligations agreed to by the person upon receipt of the original scholarship loan awarded to the person under G.S. 116‑74.42. Exclusive of any deferment for extenuating circumstances, a person remains eligible for the optional six‑month scholarship for two years after the six‑year period of time allowed the person to satisfy the original scholarship loan requirements under G.S. 116‑74.43. Should a person present extenuating circumstances, the State Education Assistance Authority may extend the period of time for which a person remains eligible for the optional six‑month scholarship for a reasonable time period.
"SECTION 9.4.(b)  The Principal Fellows Commission shall develop the criteria for awarding the scholarship. In developing the criteria, the Commission shall require that the person agree to work at least another six months as a school administrator in a North Carolina public school or at a school operated by the United States after satisfying the four‑year work requirement set out in G.S. 116‑74.43. The Commission, in collaboration with the State Education Assistance Authority, shall develop a process for evaluating a scholarship recipient's work performance and for issuing a final approval and certification of the work performance. The Commission shall transfer to the State Education Assistance Authority the name of each recipient that it certifies as successfully completing the optional scholarship program. The State Education Assistance Authority shall pay the twenty thousand dollar ($20,000) scholarship to the scholarship recipient within a reasonable time of receiving notification from the Commission that the recipient has successfully completed the optional scholarship program. The State Education Assistance Authority shall perform all of the administrative functions necessary to implement this act, including rule making.
"SECTION 9.4.(c)  Effective June 30, 2008, the sum of one million dollars ($1,000,000) shall revert from the Principal Fellows Trust Fund to the General Fund. The sum of one million seven hundred forty thousand dollars ($1,740,000) in the Principal Fellows Trust Fund shall be held in reserve to pay each participant in the optional scholarship program the scholarship of twenty thousand dollars ($20,000) upon successful completion of the optional scholarship program."
SECTION 1.5.(a)  Section 10.15(x) of House Bill 2436 of the 2007 Regular Session is amended by inserting between the words "accredited" and "for" the words "or demonstrate submission of an accepted application" and by adding after "September 30, 2009." the following sentence: "The Department shall provide information and recommendations to the 2009 General Assembly so that it may consider whether to authorize the Department to contract with an outside vendor for these functions beyond September 30, 2009.".
SECTION 1.5.(b)  Section 10.17(cc) of House Bill 2436 of the 2007 Regular Session, if it becomes law, is amended by adding to the list of membership organizations the following:
"(9)	Association of Local Health Directors."
SECTION 1.6.(a)  Section 10.10(e) of House Bill 2436 of the 2007 Regular Session, if it becomes law, is amended by deleting "($1,500)."  and substituting "($1,500) per month."
SECTION 1.6.(b)  The lead sentence of Section 10.13(k) of House Bill 2436 of the 2007 Regular Session, if it becomes law, is amended by deleting "subsection (g)" and substituting "subsection (f)".
SECTION 1.6.(c)  Section 10.13(n) of House Bill 2436 of the 2007 Regular Session, if it becomes law, is amended by deleting "(k) of this section" and substituting "(j) of this section".
SECTION 1.6.(d)  Section 10.14(c)(1) of House Bill 2436 of the 2007 Regular Session, if it becomes law, reads as rewritten:
"(1)	The number of children  enrolled in NC Health Choice for the month of January 2009, as determined by using December 2008 Pull‑Night data."
SECTION 1.6.(e)  Section 10.15(b) of House Bill 2436 of the 2007 Regular Session, if it becomes law, is amended by deleting "2007‑2008 and 2008‑2009 fiscal years," and substituting "2008‑2009 fiscal year,".
SECTION 1.6.(f)  Section 10.15(n) of House Bill 2436 of the 2007 Regular Session, if it becomes law, reads as rewritten:
"SECTION 10.15.(n)  Of the funds appropriated in this act to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, the sum of six million one hundred thirteen thousand nine hundred forty‑seven dollars ($6,113,947) shall be allocated for walk‑in crisis and immediate psychiatric aftercare and shall be distributed to the LMEs according to need as determined by the Department to support 30 psychiatrists and related support staff. Of these funds, the sum of one million six hundred fifty thousand dollars ($1,650,000) shall be used for telepsychiatry equipment to be owned by the LMEs."
SECTION 1.7.  Notwithstanding any provision in House Bill 2436 of the 2007 Regular Session to the contrary, if it becomes law, the elimination of the budget for the closed dispute resolution center in the 1st District is a reduction of fifty‑one thousand nine hundred seventy‑seven dollars ($51,977).

PART II. CLARIFYING CHANGES
SECTION 2.1.(a)  Section 5.2(a1) of House Bill 2436 of the 2007 Regular Session, if it becomes law, reads as rewritten:
"SECTION 5.2.(a1)  Notwithstanding G.S. 18C‑164(f), if (i) the actual net lottery revenues for the 2007‑2008 fiscal year exceed the amounts appropriated in the 2007‑2008 fiscal year, (ii) the actual net lottery revenues for the 2008‑2009 fiscal year exceed the amounts appropriated in the 2008‑2009 fiscal year, or (iii) both, the excess net revenue is also transferred from the State Lottery Fund to support appropriations made in this act for the 2008‑2009 fiscal year."
SECTION 2.1.(b)  Section 5.2(d) of House Bill 2436 of the 2007 Regular Session, if it becomes law, reads as rewritten:
"SECTION 5.2.(d)  The excess lottery revenues for the 2007‑2008 fiscal year, the 2008‑2009 fiscal year, or both, that are transferred from the State Lottery Fund pursuant to subsection (a1) of this section are appropriated from the Education Lottery Fund for the 2008‑2009 fiscal year for the Public School Building Capital Fund."
SECTION 2.1.(c)  Section 7.11 of House Bill 2436 of the 2007 Regular Session, if it becomes law, reads as rewritten:
"SECTION 7.11.(a)  If monies appropriated to the Public School Building Capital Fund pursuant to Section 5.2 of this act total one hundred fifty‑four million two hundred thousand dollars ($154,200,000) or more, the monies shall be allocated as follows:
(1)	The sum of one hundred forty million dollars ($140,000,000) shall be allocated pursuant to G.S. 115C‑546.2(d);
(2)	The remainder shall be allocated on the basis of average daily membership to local school administrative units that did not qualify for funding for the 2008‑2009 fiscal year pursuant to G.S. 115C‑546.2(d)(2). The maximum allocation shall be the amount received by other units pursuant to G.S. 115C‑546.2(d)(2) on the basis of per average daily membership.
"SECTION 7.11.(b)  If monies appropriated to the Public School Building Capital Fund pursuant to Section 5.2 of this act total less than one hundred fifty‑four million two hundred thousand dollars ($154,200,000), the monies shall be allocated as follows:
(1)	The sum of two million five hundred thousand dollars ($2,500,000) shall be allocated each quarter for the first and second quarters on the basis of average daily membership to local school administrative units that did not qualify for funding for the 2008‑2009 fiscal year pursuant to G.S. 115C‑546.2(d)(2). The remainder shall be allocated each quarter pursuant to G.S. 115C‑546.2(d).
(2)	The sum of four million six hundred thousand dollars ($4,600,000) shall be allocated each quarter for the third and fourth quarters on the basis of average daily membership to local school administrative units that did not qualify for funding for the 2008‑2009 fiscal year pursuant to G.S. 115C‑546.2(d)(2). The remainder shall be allocated each quarter pursuant to G.S. 115C‑546.2(d)."
SECTION 2.2.  Section 6.12(a) of House Bill 2436 of the 2007 Regular Session, if it becomes law, reads as rewritten:
"SECTION 6.12.(a)  Funds. – Of the funds appropriated to the Office of Information Technology Services (ITS) for the 2008‑2009 fiscal year, in consultation with the Department of Cultural Resources and the Secretary of State, the sum of two hundred thousand dollars ($200,000) shall be used to pilot a statewide electronic document management system that will include a digital signature capability. ITS shall identify a State agency for the pilot, which shall develop the following program requirements:
(1)	Creation of a uniform and consistent set of policies and procedures for managing and preserving electronic records through their life cycle in an efficient, effective, and economical manner.
(2)	Development, establishment, and promotion of statewide electronic records management training and certification programs.
(3)	Promotion of the use of public records in digital format.
(4)	Development of statewide procurement standards for the electronic records infrastructure.
(5)	Provision of guidance and assistance to all customers on issues relating to public records in digital formats including, but not limited to, e‑mail, e‑commerce, electronic signature encryption, filings, public Web pages, metadata, and system documentation."
SECTION 2.3.  Section 6.16(b) of House Bill 2436 of the 2007 Regular Session, if it becomes law, reads as rewritten:
"SECTION 6.16.(b) The State Controller shall serve as the Chairman of the BEACON Project Steering Committee. The other members of the committee shall be the State Chief Information Officer, the State Treasurer, the Attorney General, the Secretary of Correction, the Administrative Officer of the Courts, the State Budget Officer, the Secretary of Administration, and the Chief Financial Officer of the Department of Transportation."
SECTION 2.4.  Notwithstanding any provision in House Bill 2436 of the 2007 Regular Session to the contrary, if it becomes law, funds appropriated in that act for the Medicaid appeals process shall be used to implement a new appeals process when Medicaid‑funded services are terminated, reduced, or denied.
SECTION 2.5.  G.S. 143B‑480.2, as amended by Section 18.2(a) of House Bill 2436 of the 2007 Regular Session, if it becomes law, reads as rewritten:
"§ 143B‑480.2.  Victim assistance.
(a)	Eligibility for Assistance. – Sexual assault victims or victims of attempted sexual assault are eligible for assistance under this Program if the sexual assault or the attempted sexual assault is reported to a law enforcement officer within 72 hours of the occurrence of the assault or the attempted sexual assault and if a forensic medical examination is performed within 72 hours of the sexual assault or the attempted sexual assault. The Secretary may waive either 72‑hour requirement for good cause. The term "sexual assault" as used in this section refers to the following crimes: first‑degree rape as defined in G.S. 14‑27.2, second‑degree rape as defined in G.S. 14‑27.3, first‑degree sexual offense as defined in G.S. 14‑27.4, second‑degree sexual offense as defined in G.S. 14‑27.5, or statutory rape as defined in G.S. 14‑27.7A.
(b)	Eligible Expenses. – Assistance is limited to the following expenses incurred by the victim:
(1)	Immediate and short‑term medical expenses.
(2)	Ambulance services from the place of the attack to a place where medical treatment is provided.
(3)	Mental health services provided by a professional licensed or certified by the State to provide such services.
(4)	A forensic medical examination. As used in this section, the term "forensic medical examination" means an examination provided to a sexual assault victim eligible for assistance under subsection (a) of this section by medical personnel who gather evidence of a sexual assault in a manner suitable for use in a court of law. The examination should include an examination of physical trauma, a patient interview, and a collection and evaluation of evidence.
(5)	Counseling treatment following the attack.
(c)	Amount of Assistance. – The Program shall pay for the full out‑of‑pocket cost of the victim's forensic medical examination up to eight hundred dollars ($800.00). Specifically, the Program shall pay amounts for services in accordance with the following schedule:

	Service:	Maximum Amount Paid by Program:
Physician or SANE Nurse	$350.00
Hospital/Facility Fee	$250.00
Ambulance Fee	$200.00

Total:	$800.00

As used in this subsection, the term 'SANE Nurse' means a licensed registered nurse trained under G.S. 90‑171.38(b) who obtains preliminary histories, conducts in‑depth interviews, and conducts medical examinations of rape victims or victims of related sexual offenses. The Program shall pay for all other eligible expenses set out in subsection (b) of this section in an amount not to exceed the difference between the full out‑of‑pocket cost of the forensic medical examination and one thousand dollars ($1,000). Assistance not to exceed fifty dollars ($50.00) shall be provided to victims to replace clothing that was held for evidence tests.
(d)	Payment Directly to Provider. – If the entity seeking payment for expenses authorized under this section is a hospital, ambulance service, or mental health professional providing counseling, the Program shall make payment directly to that entity upon the filing of proper forms. If the entity seeking payment for expenses authorized under this section is an attending physician or licensed registered nurse, the Program shall make payment to a hospital, which shall then pay the entity seeking payment. Attending physicians and licensed registered nurses shall not bill or otherwise seek payment directly from the Program, but shall instead seek payment from the hospital that accepted payment on the entity's behalf. No payment for the cost of the forensic medical examination shall be made under this subsection unless the recipient agrees in writing that receipt of that payment shall constitute payment in full for the amount owed for the cost of the examination and expenses related to the examination.
(e)	Judicial Review. – Upon an adverse determination by the Secretary on a claim for assistance under this Part, a victim is entitled to judicial review of that decision. The person seeking review shall file a petition in the Superior Court of Wake County.
(f)	The Secretary shall adopt rules to encourage, whenever practical, the use of licensed registered nurses trained under G.S. 90‑171.38(b) to conduct medical examinations and procedures."
SECTION 2.6.  Section 19A.3(b) of House Bill 2436 of the 2007 Regular Session, if it becomes law, reads as rewritten:
"SECTION 19A.3.(b)  The Department of Cultural Resources shall report on the cARTwheels Program to the Joint Legislative Commission on Governmental Operations by December 1, 2008. The report shall include the following:
(1)	A detailed summary of the competitive application process used to select the professional performing arts groups for the 2008‑2009 fiscal year.
(2)	A list of professional performing arts groups that submitted applications for the 2008‑2009 fiscal year.
(3)	The allocation of the funding appropriated in the 2008‑2009 fiscal year to the professional performing arts groups selected.
(4)	The schedule of performances for the 2008‑2009 fiscal year."
SECTION 2.7.(a)  Notwithstanding any provision of House Bill 2436 of the 2007 Regular Session to the contrary, the constitutional authority to issue general obligation bonds to complete construction of the Green Square Project is Article V, Section 3(1) of the North Carolina Constitution. 
SECTION 2.7.(b)  Section 27.3(e) of House Bill 2436 of the 2007 Regular Session, if it becomes law, is amended by deleting the phrase "to the Energy Efficiency Reserve created in subsection (c) of this section." and substituting the phrase "for energy efficiency projects consistent with subsection (c) of this section."
SECTION 2.7.(c)  Section 27.9(d) of House Bill 2436 of the 2007 Regular Session, if it becomes law, is amended by inserting between the words "time" and "general" the phrase  "in the fiscal year ending June 30, 2009".
SECTION 2.7.(d)  Section 27.9(f) of House Bill 2436 of the 2007 Regular Session, if it becomes law, is amended by deleting the phrase "any changes in projects" and substituting the phrase "the status of the project".
SECTION 2.8.  If House Bill 2436 of the 2007 Regular Session becomes law and notwithstanding any of its provisions to the contrary, funds appropriated in that act to the Department of Commerce for the North Carolina Minority Support Center, Inc., (Center) for the 2008‑2009 fiscal year shall be used by the Center to expand economic development lending and financial literacy.
SECTION 2.9.(a)  Section 29.8(g) of House Bill 2436 of the 2007 Regular Session, if it becomes law, reads as rewritten:
"SECTION 29.8.(g)  Subsections(b) through (e) of this section become effective July 20, 2008, and apply to all costs assessed and collected on or after that date. Subsection (a) of this section becomes effective July 20, 2008, and applies to all costs assessed and collected on or after that date, except that in misdemeanor or infraction cases disposed of on or after that date by written appearance, waiver of trial or hearing, and plea of guilt or admission of responsibility pursuant to G.S. 7A‑180(4) or G.S. 7A‑273(2), in which the citation or other criminal process was issued before that date, the cost shall be the lesser of those specified in G.S. 7A‑304(a), as amended by subsection (a) of this section, or those specified in the notice portion of the defendant's or respondent's copy of the citation or other criminal process, if any costs are specified in that notice. The remainder of this section becomes effective July 1, 2008."
SECTION 2.9.(b)  G.S. 20‑20.1(d) reads as rewritten:
"(d)	Petition. – A person may apply for a limited driving privilege under this section by filing a petition. A petition filed under this section is separate from the action that resulted in the initial revocation and is a civil action. A petition must be filed in district court in the county of the person's residence as reflected by the Division's records or, if the Division's records are inaccurate, in the county of the person's actual residence. A person must attach to a petition a copy of the person's motor vehicle record. A petition must include a sworn statement that the person filing the petition is eligible for a limited driving privilege under this section.
A court, for good cause shown, may issue a limited driving privilege to an eligible person in accordance with this section. The costs required under G.S. 7A‑305(a) and G.S. 20‑20.2 apply to a petition filed under this section. The clerk of court for the court that issues a limited driving privilege under this section must send a copy of the limited driving privilege to the Division."
SECTION 2.9.(c)  G.S. 7A‑305(a3) and (a4) are repealed.

PART III. OTHER MODIFICATIONS
SECTION 3.1.  Notwithstanding any provision in House Bill 2436 of the 2007 Regular Session to the contrary, if it becomes law, the nursing and allied health program that will be housed at the UNC Upper Coastal Plain Higher Education and Health Center for which planning funds are provided in House Bill 2436 of the 2007 Regular Session shall be run by East Carolina University, Edgecombe Community College, and Nash Community College.
SECTION 3.2.(a)  G.S. 58‑50‑175(19) reads as rewritten:
"§ 58‑50‑175.  Definitions.
The following definitions apply to this Part:
…
(19)	' Fund.' – The North Carolina Health Insurance Risk Pool  Fund.
…."
SECTION 3.2.(b)  G.S. 58‑50‑225 reads as rewritten:
"§ 58‑50‑225.  North Carolina Health Insurance Risk Pool  Fund.
(a)	The North Carolina Health Insurance Risk Pool  Fund is established  and consists of the following revenue:
(1)	Premiums, fees, charges, rebates, refunds, and any other receipts occurring or arising in connection with the Pool.
(2)	The revenue transferred to the Fund under G.S. 105‑228.5B.
(3)	Gifts, grants, and other appropriations.
(4)	Any interest earned by the Fund.
(b)	Disbursements from the  Fund shall include the amounts required to pay the claims, benefits, and administrative costs as may be determined by the Executive Director and the Board. "
SECTION 3.2.(c)  G.S. 58‑50‑235 reads as rewritten:
"§ 58‑50‑235.  Audit.
An audit of the Pool shall be conducted annually under the oversight of the State Auditor. The cost of the audit shall be reimbursed to the State Auditor from the  Fund."
SECTION 3.2.(d)  Effective until June 30, 2010, G.S. 105‑228.5B reads as rewritten:
"§ 105‑228.5B.  Proceeds credited to High Risk Pool.
Within 75 days after the end of each fiscal year, the State Treasurer must transfer from the General Fund to the North Carolina Health Insurance Risk Pool  Fund established in G.S. 58‑50‑225 an amount equal to the growth in net revenue from the tax applied to gross premiums under G.S. 105‑228.5(d)(2). The growth in revenue from this tax is the difference between the amount of revenue collected during the preceding fiscal year on premiums taxed under that subdivision less $475,545,413, which is the amount of revenue collected during fiscal year 2006‑2007 on premiums taxed under that subdivision. The Treasurer must draw the amount required under this section from revenue collected on premiums taxed under that subdivision."
SECTION 3.2.(e)  Effective June 30, 2010, G.S. 105‑228.5B reads as rewritten:
"§ 105‑228.5B.   Distribution of part of tax proceeds to High Risk Pool.
Within 75 days after the end of each fiscal year, the State Treasurer must transfer from the General Fund to the North Carolina Health Insurance Risk Pool Fund established in G.S. 58‑50‑225 an amount equal to thirty percent (30%) of the growth in revenue from the tax applied to gross premiums under G.S. 105‑228.5(d)(2). The growth in revenue from this tax is the difference between the amount of revenue collected during the preceding fiscal year on premiums taxed under that subdivision less $475,545,413, which is the amount of revenue collected during fiscal year 2006‑2007 on premiums taxed under that subdivision. The Treasurer must draw the amount required under this section from revenue collected on premiums taxed under that subdivision."
SECTION 3.2.(f)  Section 2.1 of S.L. 2007‑532 reads as rewritten:
"SECTION 2.1. In addition to the North Carolina Health Insurance Risk Pool  Fund established under G.S. 58‑50‑225, as enacted in this act, there is established in the Department of Insurance two separate funds, as follows:
(1)	The Start‑Up Reserve – State Funds. State funds appropriated to this Fund shall be used to support reasonable expenses for personnel to carry out the Board's responsibilities under the Pool, including contracting a third‑party administrator. Funds shall be allocated by the Commissioner of Insurance for the reasonable expenses of the Board in conducting its duties under this Article that are incurred on or before July 1, 2009. At the end of the fiscal year, any unspent and unencumbered State funds and any interest or investment income earned on these funds shall not revert to the General Fund but shall be transferred to the North Carolina Health Insurance Risk Pool  Fund.
(2)	The Start‑Up Reserve – Federal Funds. Federal funds received in lump sum or as a draw‑down grant for the purposes of this Article shall be deposited to this Reserve and shall be expended and accounted for in accordance with requirements of the federal grant."
SECTION 3.2.(g)  Section 6 of S.L. 2007‑532 reads as rewritten:
"SECTION 6.  For the purposes of providing the funds necessary to carry out the powers and duties of the Pool, effective July 1, 2008, the Teachers' and State Employees' Comprehensive Major Medical Plan and any successor Plan shall pay an annual surcharge to the North Carolina Health Insurance Risk Pool  Fund in the amount of one dollar and fifty cents ($1.50) per member per year based on enrollment of active employee Plan members and their dependents covered under the Plan."
SECTION 3.2.(h)  Subsection (e) of this section becomes effective June 30, 2010, and applies to the transfer at the end of fiscal year 2009‑2010.  The remainder of this section is effective when if becomes law.
SECTION 3.3.  The Department of Public Instruction may use up to four hundred thirty thousand dollars ($430,000) in funds appropriated for Learn and Earn Online for 14 planning grants for Learn and Earn sites in the 2008‑2009 fiscal year. 
SECTION 3.4.  The Office of State Budget and Management may, after a request from the State Board of Education, provide from funds available in any agency in the budget up to one million dollars ($1,000,000) for the 2008‑2009 fiscal year to the Department of Public Instruction for efforts to inform eighth and ninth grade students about opportunities to gain access to college and to college coursework.  These efforts should include, but not be limited to, strategies to ensure that parents, administrators, teachers, and students are fully informed about the Learn and Earn Online program, the Learn and Earn program, the UNC needs‑based financial aid program, community college and UNC Online opportunities, and the EARN Grant.
The Department shall report no later than January 1, 2009, and June 30, 2009, to the Joint Legislative Education Oversight Committee on the use of any funds provided under this section.
SECTION 3.5.  The Department of Crime Control and Public Safety shall use funds appropriated to the Department to keep and maintain the five North Carolina floodplain mapping positions that were not funded for fiscal year 2008‑2009. The authority conferred by this section expires when the receipts of the Department received pursuant to G.S. 161‑11.3 are sufficient to support these five positions.
SECTION 3.6.(a)  Section 28.4(a) of S.L. 2007‑323, as amended by Section 26.4(a) of House Bill 2436 of the 2007 Regular Session, if it becomes law, reads as rewritten:
"SECTION 28.4.(a)  The annual salaries, payable monthly, for specified judicial branch officials for the 2008‑2009 fiscal year are:

	Judicial Branch Officials	Annual Salary
	Chief Justice, Supreme Court		$140,932
	Associate Justice, Supreme Court		137,249
	Chief Judge, Court of Appeals                                              	135,061
	Judge, Court of Appeals		131,531
	Judge, Senior Regular Resident Superior Court		127,957
	Judge, Superior Court		124,382
	Chief Judge, District Court		112,946
	Judge, District Court		109,372
	District Attorney		119,305
	Administrative Officer of the Courts		126,738
	Assistant Administrative Officer of the Courts		115,763
	Public Defender		119,305
	Director of Indigent Defense Services		123,022".
SECTION 3.6.(b)  The Administrative Office of the Courts shall use available salary reserve funds in the amount of one thousand two hundred forty‑four dollars ($1,244), plus the cost of benefits, to increase the salary of the Chief Judge, Court of Appeals, as provided by subsection (a) of this section.  This additional salary increase is to restore the differential in the salary between the Chief Judge and the other Judges in the Court of Appeals to pre‑1994 levels and to increase the current differential such that it is approximately equivalent to the differential in salary between the Chief Justice and the other Justices of the Supreme Court.
SECTION 3.8.  Section 1.1 of S.L. 2004‑179 as amended by Section 30.3A of S.L. 2005‑276 and Section 2.1 of S.L. 2006‑146, authorized the State to issue or incur special indebtedness in order to provide funds to the State for Western Carolina University to be used, together with other available funds, to pay the cost of land acquisition, site preparation, engineering, architectural, and other consulting services, and construction of a building for Western Carolina University and the Mountain Area Health Education Consortium for the North Carolina Center for Health and Aging to be operated as a consortium among Western Carolina University, the University of North Carolina at Asheville, and the Mountain Area Health Education Consortium.
Western Carolina University, the University of North Carolina at Asheville, and the Mountain Area Health Education Consortium may expend available funds, including appropriations, for the operation and maintenance of this facility.

PART IV. EFFECTIVE DATE
SECTION 4.1  This act becomes effective July 1, 2008.