Bill Summary for H 770 (2017-2018)

Summary date: 

Aug 3 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 770 (Public) Filed Tuesday, April 11, 2017
AN ACT TO MAKE CLARIFYING CHANGES TO ENSURE ESSA COMPLIANCE; CLARIFY PROPERTY TAX COMMISSION SALARIES; CLARIFY ADMINISTRATIVE COSTS FOR THE HEALTHY FOOD SMALL RETAILER PROGRAM; CLARIFY SINGLE-STREAM FUNDING FOR LME/MCOS; CHANGE THE MEMBERSHIP OF THE NORTH CAROLINA MEDICAL BOARD; PROHIBIT ATTORNEYS SERVING AS TRUSTEES FROM REPRESENTING NOTEHOLDERS OR BORROWERS WHILE INITIATING A FORECLOSURE PROCEEDING; MAKE CHANGES TO REPORTING REQUIREMENTS TO THE GENERAL ASSEMBLY; AND MAKE CHANGES TO THE NORTH CAROLINA STATE LOTTERY COMMISSION.
Intro. by K. Hall, McElraft, B. Turner, Harrison.

View: All Summaries for BillTracking:

Bill summary

Conference report deletes all content of the 5th edition and replace it with the following.

Part I.

Amends GS 115C-83.15 to require the State Board of Education (State Board), using EVAAS, to calculate the overall growth score earned by schools, but no longer requiring it to be a measure of school quality and student success. Adds that for schools serving students in 9-12th grades, the growth score includes only growth values for measures calculated under (b)(2) a and b (one point for each percent of students who score at or above proficient on either the Algebra I or Integrated Math I end-of-course test, or for students who completed Algebra I or Integrated Math I before night grade, another math course with an end-of-course test; and one point for each percent of students who score at or above proficient on the English II end-of-course test). Makes conforming changes.

Amends GS 115C-83.16 by removing the requirement that the State Board weight the measures in accordance with the requirements of GS 115C-83.15. Amends the components that are to be used to define school performance indicators for schools serving students in 9-12th grades, by (1) including the growth score earned by the schools in calculating the academic achievement indicator and (2) deleting the requirement that the other academic indicator include proficiency on the Biology end of course test, the percentage of students who complete Algebra II  or Integrated Math III with a a passing grade, the percentage of students who achieve the minimum score required for admission into a constituent institution of the University of North Carolina on a nationally normed test of college readiness, and the percentage of students enrolled in Career and Technical Educational courses who meet the standard when scoring at Silver, Gold, or Platinum levels on a nationally normed test of workplace readiness. Allows the State Board, only for the purpose of conforming with ESSA, to label measures as indicators different from those descried in the statute if each measure is calculated in accordance with GS 115C-83.15.

These provisions are effective when they become law and apply beginning with the 2017-18 school year.

Part II.

Amends GS 105-288 to prohibit members of the Property Tax Commission (Commission) whose salaries or any portion of whose salaries are paid from State funds from receiving travel and subsistence expenses, but allows them to receive a salary as provided for by the Commission. Effective when the act becomes law and applies retroactively to expenses of the Commission incurred on or after April 1, 2017.

Part III. 

Amends Section 12.5(a) of SL 2017-57 by adding that the Department of Agriculture and Consumer Services may retain up to 10% of the funds allocated under this section to the Healthy Food/Small Retailer program for administrative costs associated with the program. Effective July 1, 2017.

Part IV.

Amends Section 11F.2(b) of SL 2017-57 by increasing and decreasing the specified reductions that the DMH/DD/SAS is required to allocate for single-stream funding among the listed LME/MCOs for fiscal years 2017-18 and 2018-19. Effective July 1, 2017.

Part V.

Amends GS 90-2, which sets forth the membership of the North Carolina Medical Board. Currently the Medical Board consists of 13 members appointed by the Governor, with seven members being duly licensed physicians recommended by the Review Panel, and the remaining six members meeting provided specifications, including three public members.

This act reduces the total number of public members appointed by the Governor from three to one, with the Governor now appointing only one public member not subject to recommendation of the Review Panel pursuant to GS 90-3. Adds a new provision establishing that the General Assembly will now appoint two public members in accordance with GS 120-121, one upon the recommendation of the Speaker and one upon the recommendation of the President Pro Tempore. Makes the existing provision prohibiting a public member appointed by the Governor under subsubdivision (a)(2)(b) from being a health care provider or the spouse of a health care provider also applicable to a public member appointed by the General Assembly under new subdivision (a)(3). Makes organizational changes and conforming changes.

Provides that for the term of the public member appointed by the Governor expiring in 2017, that member must be appointed by the General Assembly upon the recommendation of the Speaker; and for the term of the public member appointed by the Governor expiring in 2018, that member must be appointed by the General Assembly upon the recommendation of the President Pro Tempore, with both appointments complying with GS 120-121. Provides that for terms expiring thereafter or as vacancies occur prior to the expiration of a term, members of the NC Medical Board are to be appointed in accordance with GS 90-2 as amended by this act.

Applies to vacancies occurring after June 30, 2017.

Part VI.

Amends GS 45-10 (Substitution of trustees in mortgages and deeds of trust). Provides that an attorney who serves as the trustee or substitute trustee shall not represent either the noteholders or the interests of the borrower while initiating a foreclosure proceeding. Makes a clarifying change.

Part VII.

Repeals SL 2008-107, Section 7.18(b), which directs the Department of Public Instruction to report to the Joint Legislative Oversight Committee by April 15 of each year on the effectiveness of the Plant Operation Section of the School Support Division's efforts to assist local school administrative units in managing environmental issues.

Amends SL 2015-241, Section 31.7(b). Amends the due date of the reports of each State agency on the status of agency capital projects semiannually to the Joint Legislative Commission on Governmental Operations, and quarterly to the Fiscal Research Division and the Office of State Budget and Management, to begin on October 15, 2017 (was, October 1, 2015), and periodically thereafter as specified.

Part VIII.

Amends GS 18C-112 to allow the member of the State Lottery Commission who is appointed by the Governor and required to have at least five years' experience in law enforcement to be an elected law enforcement official.  

Makes conforming changes to the act's short and long titles.

Unless otherwise provided, effective when the act becomes law.

© 2020 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.

Printer-friendly: Click to view