MORATORIUM/LAWSUITS FOR SCH. FUNDS (NEW).

View NCGA Bill Details2013-2014 Session
House Bill 292 (Local) Filed Tuesday, March 12, 2013
AN ACT TO ESTABLISH A MORATORIUM ON FILING OF ACTIONS BY CERTAIN LOCAL BOARDS OF EDUCATION CHALLENGING THE SUFFICIENCY OF LOCAL FUNDS APPROPRIATED TO THE PUBLIC SCHOOLS BY THE COUNTY BOARD OF COMMISSIONERS.
Intro. by Brody, Fisher, Insko, Warren.

Status: Ch. SL 2014-8 (House Action) (Jun 12 2014)

SOG comments (3):

Title changes

The House committee substitute to the 2nd edition amends the act's titles. The original long title was: A BILL TO BE ENTITLED AN ACT TO ESTABLISH THE MUSIC THERAPY PRACTICE ACT.

Long title change

Senate committee substitute to the 3d edition changed the long title. Previous long title was A BILL TO BE ENTITLED AN ACT TO ESTABLISH THE STUDY COMMITTEE ON MUSIC THERAPY LICENSURE.

 

Long title change

Amendment to the 4th edition changed the long title. Previous long title was AN ACT TO ESTABLISH A MORATORIUM ON FILING OF ACTIONS BY THE UNION COUNTY BOARD OF EDUCATION CHALLENGING THE SUFFICIENCY OF LOCAL FUNDS APPROPRIATED TO THE PUBLIC SCHOOLS BY THE UNION COUNTY BOARD OF COMMISSIONERS.

Bill History:

H 292/S.L. 2014-8

Bill Summaries:

  • Summary date: Jun 12 2014 - More information

    Senate amendment makes the following changes to the 4th edition.Adds a severability clause to provide that if any provisions of the proposed act or its application are held to be invalid, the invalidity does not affect other provisions or applications that can be given effect without the invalid provisions or applications. Also renumbers the bill sections accordingly.


  • Summary date: Jun 12 2014 - More information

    AN ACT TO ESTABLISH A MORATORIUM ON FILING OF ACTIONS BY CERTAIN LOCAL BOARDS OF EDUCATION CHALLENGING THE SUFFICIENCY OF LOCAL FUNDS APPROPRIATED TO THE PUBLIC SCHOOLS BY THE COUNTY BOARD OF COMMISSIONERS. Enacted June 12, 2014. Effective June 12, 2014.


  • Summary date: Jun 11 2014 - More information

    Senate amendment makes the following changes to the 4th edition:

    Changes the long title.

    Repeals GS 115C-431, Procedure for resolution of dispute between board of education and board of county commissioners, as the provisions therein apply to the counties of Gaston and Nash only. Provides that the local boards of education, from Gaston and Nash Counties, cannot file any legal action challenging the sufficiency of the funds appropriated by the board of county commissioners to the local current expense fund, capital outlay fund, or both.  Provides that the above provisions expire when the 2016-17 fiscal year budget is adopted by the appropriate board of county commissioners.


  • Summary date: Jun 10 2014 - More information

    The Senate committee substitute to the 3rd edition deletes the content of the previous edition and replaces it with AN ACT TO ESTABLISH A MORATORIUM ON FILING OF ACTIONS BY THE UNION COUNTY BOARD OF EDUCATION CHALLENGING THE SUFFICIENCY OF LOCAL FUNDS APPROPRIATED TO THE PUBLIC SCHOOLS BY THE UNION COUNTY BOARD COMMISSIONERS.

    Prohibits the Union County Board of Education from filing any legal action challenging the sufficiency of the funds appropriated by the Union County Board of Commissioners (Board) to the local current expense fund, the capital outlay fund, or both. This is effective when the act becomes law and expires upon adoption of the budget ordinance by the Board for the 2016-17 fiscal year.

    Amends GS 115C-429(b), to require the Board to appropriate the following specified amounts: (1) for 2014-15, at least $87,097,884 for the local current expense fund and at least $19,531,582 for capital outlay and (2) for 2015-16, at least an amount equal to the current expense fund appropriation for 2014-15 plus an inflationary increase and any increase in the average daily membership in the local school administrative unit in the first 20 days of the school year from the prior school year and at least $19,786,024 for capital outlay. 

    Requires the Board and the Union County Schools, on or before August 1, 2014, to establish a working group to develop a multi-year plan to address existing and ongoing capital needs of the schools. Work must be completed and reported to the Board and Union County Schools on or before June 30, 2015.


  • Summary date: Jun 27 2013 - More information

    House committee substitute to the 2nd edition deletes all provisions of the 2nd edition and replaces it with the following.

    Establishes the eight-member Study Committee on Music Therapy Licensure to study the regulation of persons offering music therapy services to the public and makes recommendations on licensure of music therapists. Specifies issues to be examined, including employment of music therapy professionals in the state, a code of ethics, and a state agency to which consumers can report grievances. Requires a report to the 2013 General Assembly when it reconvenes in 2014. Terminates the committee upon the earlier of filing its final report or the adjournment sine die of the 2013 General Assembly.

    Update the act's titles to reflect the new bill content.


  • Summary date: Apr 24 2013 - More information

    House committee substitute to the 1st edition makes the following changes. Amends GS 90-270.90 to delete the North Carolina Board of Music Therapy's power to issue interpretations of Article 18E (Music Therapy).


  • Summary date: Mar 12 2013 - More information

    Identical to S 244, filed 3/11/13.

    Creates new Article 18E, North Carolina Music Therapy Practice Act, in GS Chapter 90. Provides that the purpose of proposed Article 18E is to regulate music therapy services offered to the public. Provides whereas clauses to further note the need for regulation of music therapy services.
    Provides definitions that apply in proposed Article 18E, including definitions for music therapy and music therapy services. Defines music therapy as the clinical and evidence-based use of music interventions to accomplish individualized goals within a therapeutic relationship by a credentialed professional who has completed an approved music therapy program, including three specified areas. Prohibits any person from practicing or offering to practice music therapy as defined in proposed Article 18E or otherwise presenting himself or herself to be a licensed music therapist on or after January 1, 2014, unless that person is currently licensed as provided under proposed Article 18E. Identifies criteria for persons to be exempt from the provisions of proposed Article 18E.
    Creates the North Carolina Board of Music Therapy (Board). Requires that the Board consist of three members serving staggered terms, two of whom are licensed music therapists and one who represents the public at large. Directs that the General Assembly is to appoint (1) one music therapist to serve for a term of three years, on the recommendation of the Speaker of the House of Representatives and (2) one music therapist to serve for a term of two years, on the recommendation of the President Pro Tempore of the Senate. Requires the Governor to appoint one public member to serve for a one-year term. Initial Board members are to be appointed on or before October 1, 2013.
    Provides additional criteria regarding terms, qualifications, filling of vacancies, removal of members, and compensation for members. Additionally, provides criteria for the selection of officers, frequency of meetings, and establishing a quorum. Enumerates the powers and duties of the Board.
    Requires an applicant for licensure as a music therapist to make application to the Board, pay the required fees, and meet all of the following requirements: (1) be 18 years of age or older; (2) be of good moral character as determined by the Board; (3) successfully complete an academic program accredited by the American Music Therapy Association, with at minimum of a bachelor's degree majoring in music therapy from an accredited college or university; (4) successfully complete the board certification exam offered by the Certification Board for Music Therapists or its successor organization; and (5) successfully complete a minimum of 1,200 hours of clinical training, with at least 180 hours in pre-internship experiences and at least 900 hours in internship experiences.
    Provides criteria for reciprocity, allowing the Board to grant licenses to persons licensed to practice music therapy in another state or territory of the United States.
    Provides parameters regarding expenses and the establishment of a fee schedule for licensing. Requires that every license issued under this proposed Article be renewed every five years on or before January 1. Provides additional criteria regarding license renewal.
    Authorizes the Board to exercise disciplinary authority, allowing the Board to deny, suspend, revoke, or refuse to renew a license or impose probationary conditions on a license if the licensee or applicant has engaged in any of the specified conduct. Provides that a disciplinary action may be ordered by the Board after a hearing is held in accordance with GS Chapter 150B and rules adopted by the Board. Permits an application for reinstatement of a revoked license to be made to the Board if the revocation has been in effect for at least one year. Provides that each violation under this proposed Article constitutes a distinct and separate offense and such a violation is a Class 1 misdemeanor. Provides that the Board may seek injunctive relief for violations of this proposed Article. Authorizes the Board to asses a civil penalty of no more than $1,000 for a violation of any section of this proposed Article or the violation of any rules adopted by the Board. Directs that the clear proceeds of any civil penalty assessed under this section is to be remitted to the Civil Penalty and Forfeiture Fund in accordance with GS 115C-457.2. Provides factors to be considered by the Board before imposing and assessing a civil penalty.

     


Printer-friendly: Click to view