Bill Summaries: H 231 UNC & COMM. COLL. PAY/RETIREE BONUS. (NEW)

Tracking:
  • Summary date: Nov 13 2019 - More information

    The Governor vetoed the act on 11/08/19. The Governor's objections and veto message are available here: https://webservices.ncleg.net/ViewBillDocument/2019/6873/0/H231-BD-NBC-8369.


  • Summary date: Oct 23 2019 - More information

    Senate committee substitute to the 3rd edition makes the following changes. 

    Part V. 

    Modifies proposed GS 135-65(jj), concerning the Consolidated Judicial Retirement System. Now provides that after September 1, 2020, but on or before October 31, 2020, a one-time cost-of-living supplement payment of 0.50% of the beneficiary's annual retirement allowance payable as of September 1, 2020, must be made to or on account of beneficiaries who are living as of September 1, 2020, and whose retirement commenced on or before September 1, 2020 (was, November 1, 2020).


  • Summary date: Oct 23 2019 - More information

    Senate committee substitute to the 2nd edition makes the following changes. Deletes the provisions of the previous edition and replaces it with the following.

    Part I.

    Appropriates, effective July 1, 2019, $12.4 million for 2019-20 and $24.8 million for 2020-21 from the General Fund to the North Carolina Community College System to provide legislative mandated salary increases for State-funded employees. Appropriates, effective July 1, 2019, $15 million in recurring funds for 2019-20 and $30 million in recurring funds for 2020-21 from the General Fund to the UNC Board of Governors to provide legislatively mandated salary increases for State employees. Appropriates, effective July 1, 2019, $6 million in recurring funds for 2019-20 and $11,433,413 for 2020-21 from the General Fund to the UNC Board of Governors to provide funds for faculty retention in the UNC system.

    Part II.

    Allows the community college boards of trustees to provide personnel a salary increase, for the 2019-2021 biennium, according to the policies adopted by the State Board of Community Colleges (State Board). Allows compensation increase funds to be used for merit pay, across-the-board increases, recruitment bonuses, retention increases, and any other compensation increase pursuant to policies adopted by the State Board. Requires the State Board to report to the NCGA and specified division on the use of these funds by March 1, 2020, and March 1, 2021. Effective July 1, 2019, sets the minimum salaries for nine-month, full-time curriculum community college faculty for 2019-2021 at the specified amounts, which vary according to education level. Requires the pro rata hourly rate of the minimum salary for each education level to be used to determine the minimum salary for part-time faculty members.

    Part III.

    Allows the UNC Board of Governors (BOG) to provide employees with salary increases, for the 2019-2021 biennium, according to policies adopted by the BOG. Allows compensation increase funds to be used for merit pay, across-the-board increases, recruitment bonuses, retention increases, and any other compensation increase according to those policies. Requires the BOG to report to the NCGA and specified division on the compensation increases by March 1, 2020, and March 1, 2021.

    Part IV.

    Awards a one-time additional five days of annual leave, credited on July 1, 2019, to any person who is (1) a full-time permanent employee of UNC or a community college institution on July 1, 2019, and (2) eligible to earn annual leave. Provides for the accounting of the leave and requires that it remain available during the length of the employee's employment. Provides for prorating the amount given to part-time permanent employees. Specifies that this additional leave has no cash value and cannot be cashed in. Requires that any vacation leave remaining on December 31 of each year in excess of 30 days be reduced by the number of days awarded in this section that were actually used by the employee during the year, such that the calculation of vacation leave days that would convert to sick leave reflects a deduction of those days of special annual leave awarded in this section that were used by the employee during the year. Provides that the number of days awarded that carry forward equals the number of days awarded in this section remaining on December 31 of each year plus the number of days awarded in this section that were deducted from vacation leave in excess of 30 days for the calculation of sick leave.

    Part V. 

    Provides that if H 966, 2019 Appropriations Act, becomes law, then Section 38.23 (providing one-time cost of living supplements for retirees of the Teachers' and State Employees' Retirement System, the Consolidated Judicial Retirement System, and the Legislative Retirement System) is repealed.

    Amends GS 135-5 (concerning the Teachers' and State Employees' Retirement System), GS 135-65 (concerning the Consolidated Judicial Retirement System), and GS 120-4.22A (concerning the Legislative Retirement System), as follows. Adds that on or before December 31, 2019, a one-time cost-of-living supplement payment of 0.50% of the beneficiary's annual retirement allowance payable as of November 1, 2019, must be made to or on account of beneficiaries who are living as of November 1, 2019, and whose retirement commenced on or before November 1, 2019. Also provides that after September 1, 2020, but on or before October 31, 2020, a one-time cost-of-living supplement payment of 0.50% of the beneficiary's annual retirement allowance payable as of September 1, 2020, must be made to or on account of beneficiaries who are living as of September 1, 2020, and whose retirement commenced on or before September 1, 2020. Allows the Retirement System Division of the Department of State Treasurer to increase receipts from the retirement assets of the corresponding retirement system or pay costs associated with the administration of the payment directly from the retirement assets, in order to administer the cost-of-living supplement. 

    Appropriates $17,363,306 for 2019-20 and for 2020-21 from the General Fund to the Office of State Budget and Management to be held in reserve to implement the one-time cost-of-living supplements.

    Repeals Section 3.15(b) and (c) of SL 2019-209, which set the State's employer contribution rates budgeted for retirement and related benefits as a percentage of covered salaries for the 2019-2020 and 2020-21 fiscal years for teachers and State employees, State law enforcement officers (LEOs), the University and Community Colleges Optional Retirement Programs (ORPs), the Consolidated Judicial Retirement System (CJRS), and the Legislative Retirement System (LRS). Provides that if H 966, 2019 Appropriations Act, becomes law, then Section 38.22 (concerning salary-related contributions) is repealed. Instead, sets out provisions effective July 1, 2019, and July 1, 2020, which set the State's employer contribution rates budgeted for retirement and related benefits (disability, death, retiree health, and NC 401(k)) as a percentage of covered salaries for the 2019-2020 and 2020-21 fiscal years for teachers and State employees, State law enforcement officers (LEOs), the 32 University and Community Colleges Optional Retirement Programs (ORPs), the Consolidated 33 Judicial Retirement System (CJRS), and the Legislative Retirement System (LRS) at the specified rates.

    Part VI.

    Specifies that the salary increases provided by this act do not apply to persons separated from service due to resignation, dismissal, reduction in force, death, or retirement or whose last workday is prior to June 30, 2019, for the 2019-20 fiscal year or June 30, 2020, for the 2020-21 fiscal year. Requires that for the 2019-21 biennium, payroll checks issued to employees after July 1, 2019, and July 1, 2020, that represent payment of services provided prior to July 1 of each year are not eligible for salary increases provided for in this act.

    Provides that if any provision of this act and GS 143C-5-4 are in conflict, the provisions of this act shall prevail. If House Bill 966 becomes law, then Parts I, II, III, and IV and Sections 5.2 and 6.1 of this act are repealed.

    Effective July 1, 2019.

    Makes conforming changes to the act's titles.


  • Summary date: Jul 23 2019 - More information

    House committee substitute deletes the provisions of the 1st edition and now provides the following.

    Part I.

    Amends GS 115D-3 to explicitly authorize the President of the Community College System to reorganize the Community Colleges System Office in accordance with recommendations and plans submitted to and approved by the State Board of Community Colleges. Establishes a reporting requirement, requiring the President to report by June 30 of the fiscal year in which the reorganization occurred to the specified NCGA committee and division in the event a reorganization is implemented under the authority granted. Specifies that the reporting requirement is triggered by any movement of positions and funds between fund codes on a recurring basis. 

    Part II.

    Amends GS 115D-21.5, which sets forth requirements that must be satisfied for community colleges to receive funds available from the State Board of Community Colleges for the NC Career Coach program. Amends the current requirement that mandates a dollar for dollar match of local funds to instead establish matching requirements based on the development tier designation of the county in which the local school administrative unit is located where the career coach is assigned on the date of the award of funds by the State Board of Community Colleges. Requires no local match in tier one counties, 1:2 match for tier two counties, and a 1:1 match for tier three counties. 

    Appropriates $1,733,413 in recurring funds for the 2019-20 fiscal year and $566,587 in recurring funds for the 2020-21 fiscal year from the General Fund to the System Office to implement the new matching requirements and to place additional career coached employed by local community colleges with partnering high schools. 

    Deems the provisions of the Part to supersede GS 143C-5-4 in the event they conflict. Provides that the provisions are effective until the Current Operations Appropriations Act for the applicable year becomes law, at which point the Director of the Budget will adjust allotments to give effect to that act from July 1 of the fiscal year. 

    Effective July 1, 2019.

    Makes conforming changes to the act's titles.


  • Summary date: Feb 27 2019 - More information

    Titles the act as the Harrison Kowiak Act.

    Amends GS 14-35 by making it unlawful for any person to engage in hazing or to aid or abet another in doing so. Violations are a Class D felony if the hazing results in the serious bodily injury or death of the victim, or if the hazing involves forced or coerced alcohol consumption that results in the victim having a blood alcohol concentration of .30 or higher. Requires the court to sentence the defendant to an active sentence of no more than 60 months for a first offense and allows for a fine of up to $10,000. Makes any other violation a Class H felony, which may include a fine of up to $1,000. Allows for additional penalties. 

    Defines hazing as any intentional, knowing, or reckless act by a person acting alone or acting with other people that is directed against another person when (1) the person knew or should have known that the act endangered the physical health or safety of the other person or caused severe emotional distress and (2) the act was associated with pledging, being initiated into, affiliating with, participating in, holding office in, or maintaining membership in any organization (any fraternity, sorority, association, corporation, order, society, corps, cooperative, club, service group, social group, band, spirit group, athletic team, or similar group, whose members are primarily students at, or former students of, an educational institution). Defines educational institution as any elementary or secondary school in this state, and any postsecondary educational institution in this state.

    Makes it a Class A1 misdemeanor for a person serving as a representative or officer of an organization who knew and failed to report to law enforcement that one or more of the organization's members hazed or were hazing another person. Sets out penalties that may be imposed on the organization.

    Sets out requirements for an organization receiving a hazing report to investigate the allegation before making a report to law enforcement. 

    Specifies that it is not a defense that the person against whom the hazing was directed consented to or acquiesced in the hazing.

    The above provisions are effective December 1, 2019.

    The following are applicable beginning with the 2019-20 school and academic years.

    Amends GS 115C-238.66 (applicable to regional schools); GS 115C-218.75 (applying to charter schools); GS 116-239.8 (applying to laboratory schools); and SL 2018-32, Section 6 (applying to those operating under a renewal school system plan) to encourage adoption of a policy against hazing. 

    Enacts new GS 115C-407.16A (applicable to local school administrative units), GS 115D-77.1 (applicable to the State Board of Community Colleges), and GS 116-40.13 (applicable to the UNC Board of Governors) requiring the adoption of a policy prohibiting hazing. Sets out nine minimum components that must be included in the policy. Sets out requirements for providing notice of and disseminating the policy. Requires that information on the policy against hazing be incorporated into employee training. 


© 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