Bill Summary for S 469 (2017-2018)

Summary date: 

Dec 13 2018

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 469 (Public) Filed Wednesday, March 29, 2017
AN ACT TO MAKE VARIOUS TECHNICAL, CLARIFYING AND CONFORMING CHANGES TO THE GENERAL STATUTES AND SESSION LAW.
Intro. by Brown.

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Bill summary

Conference report makes the following changes to the 6th edition.

Makes technical changes to previous Section 22 of the bill (now Section 1), concerning applications for students with disabilities scholarships and the Opportunity Scholarship Grant Program.

Adds a new section providing as follows. Amends Part 4 of Article 23 of GS Chapter 116 to require that the Transforming Principal Preparation Grant Program (Program) be administered by the State Education Assistance Authority (Authority) in collaboration with the North Carolina Principal Fellows Commission (was, administered by the Authority through a cooperative agreement with a private, nonprofit corporation). Makes conforming changes by transferring duties that would have fallen to the nonprofit to the Commission instead. Amends GS 116-209.73 to allow recommending renewing a grant based on compliance with grant terms in addition to performance. Adds that the terms of forgivable loans to program participants must be consistent with GS 116-74.43 (concerning terms of scholarship loans). Enacts new GS 116-209.75 allowing the Authority to use up to $20,000 in a fiscal year from the funds appropriated to the Program for administrative costs. Also requires the Authority to provide for the expenses of the Commission to administer the Program. Makes conforming changes to the permissible use of money in the Trust Fund. Repeals Section 11.9(m) of SL 2015-241, as amended, which allocated funds for the contract with the nonprofit and specified how much funding could be used for administrative purposes. Increases the amount that is to be allocated each fiscal year for grant awards from $4.2 million to $4.56 million beginning with the 2019-20 fiscal year. The above provisions are effective July 1, 2019. The following provisions are effective when the act becomes law. Prohibits grantees from imposing the requirement that program graduates serve a minimum of four years as a school-based administrator in the state for any participant who entered the school leader preparation program before July 1, 2019. Prohibits the nonprofit contracting with the Authority as of the date the act becomes law from entering into or executing new contracts associated with the Program on or after the date the act becomes law. Requires the nonprofit as soon as practicable, but no later than June 30, 2019, to transfer to the Commission all of the data that was collected from grant recipients including data collected in the 2018-19 fiscal year. 

Repeals Section 3.9 of SL 2018-97 which required up to $4 million in nonrecurring funds appropriated from the Dorothea Dix Hospital Property Fund to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, for the 2017-2018 fiscal year, to pay for renovation or building costs associated with the construction of new, licensed inpatient behavioral health beds at Cape Fear Valley Medical Center in Cumberland County to be used instead to for renovation or building costs associated with the construction of new, licensed inpatient behavioral health beds at Betsy Johnson Hospital in Harnett County. 

Amends SL 2018-42 subsection 2(h) by changing the effective date of the amendments to various laws on automobile transfer of title, including new GS 20-72.1 concerning the transfer by owner when a certificate of title is unavailable, from January 1, 2019, to March 1, 2019.

Amends SL 2018-5, as amended, by amending the reallocation of the $700,000 to Cedar Point for a grant in aid for downtown revitalization to require that $50,000 be provided to Tyrell County for disaster recovery assistance (was, $50,000 to Cedar Point for downtown revitalization). Makes conforming changes.  

Amends Section 5.6(b)(6) of SL 2018-5 to require that of the $60 million transferred to the State Emergency Response/Disaster Relief Reserve, $20,000 be appropriated to the Office of State Budget and Management, instead of the Division of Water Resources in the Department of Environmental Quality, for storm debris cleanup in streams and rivers in Transylvania County. Adds that there is no non-state match required.

Deletes the provisions of previous Section 3 which amended the eligibility for the principal bonus multiplier.

Deletes the provisions of previous Section 10, amending SL 2018-5 concerning grant-in-aid to the Veterans Life Home in Butner.

Deletes the provisions of previous Section 12.5, amending GS 20-4.01 and GS 20-51 concerning electronic standup scooters.

Deletes the provisions of previous Section 13, amending SL 2017-57 concerning the Industrial Commission’s retaining certain fees for the replacement and management of its case management systems and related expenditures.

Modifies the proposed changes to GS 131E-184(h) set out in previous Section 14 and now Section 15, to maintain the existing language regarding the required notice from potential operators of a Legacy Medical Care Facility and the Department of Health and Human Services’ required extension of a facility’s operational deadline in order to qualify for the certificate of need review.

Deletes the provisions of previous Section 15, amending GS 143B-344.62 concerning the Outdoor Heritage Advisory Council fixing the salary of the executive director.

Deletes the provisions of previous Section 20, revising several statutes in Article 7A of GS Chapter 115C pertaining to Innovative School Districts.

Deletes the provisions of previous Section 21, which extended the agricultural disaster program deadline set out in SL 2018-136.

Makes a technical change to previous Section 22.5 that is now Section 20, concerning the effective date of the proposed changes pertaining to charter schools operated by a municipality participating in the Teachers’ and State Employees’ Retirement System and the State Health Plan.

Makes a technical correction to the descriptive heading of previous Section 22.2 that is now Section 23, concerning victim confidentiality under GS 14-43.17.

Deletes the provisions of previous Section 22.10, which amended GS 163A-1145.1 (concerning the reasonable impediment declaration form provided to voters who do not provide an acceptable form of photo ID to vote) and GS 163A-869 (concerning voter registration cards) if SB 824 of the 2017 Regular Session becomes law.

Provided that if H 1029 (Bipartisan State Board Changes) of the 2017 Regular Session becomes law, amends GS 163-30, as recodified and amended by that act, regarding county boards of elections. Specifies that of the four members appointed by the State Board to each county board of elections (H 1029 increases county elections boards from three to five members, adding another State Board of Elections appointed member and one Governor appointed member), two members each must belong to the two political parties having the highest number of registered affiliates reflected by the State Board’s latest registration statistics. Makes conforming changes to specify that the State chair of the two political parties having the highest number of registered affiliates has the right to recommend three registered voters in each county for appointment by the State Board.

Amends GS 143-214.7(b2), concerning parameters for State stormwater programs and local stormwater programs approved by the Environmental Management Commission pursuant to the statute. Modifies the parameters in subdivision (2) regarding permitted development within the area that would otherwise be required to be placed within a vegetative buffer required by the Commission under GS 143-214.1 or GS 143-214.7, allowing such development, provided the stormwater runoff from the entire impervious area of the development is collected, treated, and discharged so that  it passes through a segment of the vegetative buffer (currently, provided the stormwater runoff from the development is collected and treated from the entire impervious area and discharge so that it passes through the vegetative buffer) and is managed to be otherwise compliant with all applicable state and federal stormwater management requirements. Additionally, removes specific purpose phrasing “to protect classified shellfish waters, outstanding resource waters, and high quality waters.” Further, adds to subsection (b3), which (1) prohibits stormwater runoff rules and programs from requiring private property owners to install new or increased stormwater controls for preexisting development or redevelopment activities that do not remove or decrease existing stormwater controls, and (2) prohibits increased stormwater controls when a preexisting development is redeveloped except for the amount of impervious surface being created that exceeds the amount of impervious surface that existed before the redevelopment. Makes subsection (b3) applicable to all local governments regardless of their regulatory authority, and adds new requirement for local governments to include the requirements of subsection (b3) in their stormwater ordinances.

Authorizes the Wayne County Board of Education to apply to the State Board of Education for authorization to adopt the restart model for the operation of Carver Heights Elementary, pursuant to GS 115C-105.37B(a)(2), no later than February 1, 2019. Specifies that application for authorization to adopt the restart model  would be in lieu of adopting a resolution regarding closure or transfer of the school into the NC Innovative School District (ISD). Provides for alternative consequences concerning the transfer of Carver Heights Elementary to the ISD depending on whether the State Board of Education authorizes Wayne County Board of Education’s application to operate the school as a restart model school.

Amends Section 8 of SL 2016-110, as amended, which provides for the selection of innovative schools. Removes the requirement for the State Board of Education to select at least two qualifying schools to transfer to the ISD no later than the 2019-20 school year, instead making the State Board select all five qualifying schools for transfer to the ISD no later than the 2020-21 school year. 

Adds a severability clause.

Makes organization changes throughout the act.

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