A BILL TO BE ENTITLED AN ACT TO ADOPT THE UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT. Enacted April 16, 2013. Effective October 1, 2013.

 

 

House committee substitute makes the following changes to the 1st edition.

Deletes the proposed changes to GS 159-52(b) and deletes new GS 142-15.4 (general obligation ballot question).

Amends GS 159-55 to provide that when a bond order is introduced, the finance officer or some other officer designated by the governing board is to file a statement with the clerk that (1)estimates the amount of interest that will be paid on the bonds over the expected term of the bonds and (2) summarizes the assumptions on which the estimated interest calculationsare based. Includes additional guidelines regarding the statement of estimated interest on the bonds and provides that the statement may include other qualifications deemed appropriate by the finance officer. Specifies that the validity of bonds authorized by the order cannot be challenged on the grounds that there is a discrepancy between actual interest cost of the bonds and the estimate set out in the statement of estimated interest. Directs that the statement be filed with the Local Government Commission and maintained by the clerk.

Amends GS 159-56 to require that clerk to publish a bond order after its introduction with a statement appended that indicates the estimated interest that the finance officer included in the statement of estimated interest. Provides that the publication of the bond order may also include a summary of the assumptions on which the interest estimate is based.

Amends GS 159-58 to require that the publication of the bond order as adopted must also contain an appended statement of the estimated amount of interest that will be paid over the expected term of the bonds.

Amends GS 156-61(d) to modify the form of question as stated on the ballot.

Provides that this act is effective when it becomes law and applies to bonds issued under bond ordersintroduced on or after that date, and that this act does not affect the validity of any bonds issued under bond orders introduced prior to the effective date.

Amends the long title.

House committee substitute makes the following changes to the 1st edition.

Amends GS 115C-112.3, (Scholarship Grants), providing that eligible students awarded grants cannot be enrolled in a public school.

Amends GS 115C-112.5 (Authority reporting requirements), providing that the Authority will make an annual report no later than August 1 (was, July 1) to the Department of Public Instruction (DPI) on the number of students who (1) received scholarship grants for the previous school year and (2) were enrolled in an LEA or charter school for the semester preceding the semester for which a scholarship grant was awarded.  Also requires the Authority to make an annual report to the Joint Legislative Oversight Committee no later than October 1 (was, March 1) on the dispensation of scholarship grants.

Allows the Authority to retain up to $200,000 of the funds appropriated for fiscal year 2013-2014 for administrative costs associated with the scholarship grant program. For fiscal year 2014-2015 and subsequent years, the Authority can retain up to 2% annually (previously, the Authority was allowed to retain 1% annually).

Sets out the requirement and conditions for being considered a prior scholarship grant recipient for priority in awarding of scholarship grants under GS 115C-112.3(a). Adds the requirement that the Department of Revenue provide the Authority with a list of people claiming the credit for the taxable year beginning on or after January 1, 2013.

House committee substitute to the 1st edition makes the following changes. Deletes the proposed changes to GS 143-57.1(a)(3), and instead provides as follows. Amends GS 143-57.1(a) to move the provisions in (a)(4) which allows an agency to purchase from a certified vendor but requires the most economical purchase, into new (c). Also enacts new (a1) providing that vendors that meet the four specified requirements are treated as qualified vendors under any state furniture requirements contract. Amends the act's long title.

House committee substitute to the 1st edition makes the following changes. Amends GS 115C-147.11(c)(4) to prohibit the State Board of Education from requiring the administration of the ACT test or any precursor to the test to any student enrolled in the Occupational Course of Study or the Extended Course of Study; allows the development of alternative assessment measures for these students.

House committee substitute changes to the 1st edition are to be summarized.

False Identification Documents. Amends GS 14-100.0 to make it unlawful to knowingly possess, manufacture, or sell a false or fraudulent form of identification for deception, fraud, or other criminal conduct. Makes it a I felony to violate the statute, except makes the following a Class 1 misdemeanor: (1) violation based on the mere possession of a false or fraudulent form of id; (2) violation by a person under age 21 for the purpose of purchasing alcohol; and (3) violation by a person under age 18 for the purpose of purchasing tobacco products or cigarette wrapping papers. Amends GS 20-30 to extend the provisions of the statute to include fraudulent restricted drivers permits, in addition to licenses, learners permits, and special identification cards. Makes violations of the statute a Class I felony, except (1) it is a Class H felony to sell or offer for sale any reproduction or facsimile or simulation of a drivers' license, learner's permit, restricted drivers permit, or special identification card, (2) a violation by a person under the age of 21 for the purposes of purchasing alcohol is a Class 1 misdemeanor, and (3) a violation by a person under 18 for the purpose of purchasing tobacco products or cigarette wrappers is a Class 2 misdemeanor. Makes organizational changes to the statute. Makes a conforming change to GS 143-341. Effective December 1, 2013, and applies to offenses committed on or after that date.

Rebuttable Presumption Against the Pretrial Release of Certain Undocumented Aliens. Amends GS 15A-533 to create a rebuttable presumption that no condition of release will reasonably assure the appearance of the person as required and the safety of the community if the person is unlawfully present in the US and a judicial officer finds that there is reasonable cause to believe the person committed (1) one or more of the following: a sex offense, a violent felony, a driving offense, a drug offense, or a gang offense; or (2) an offense not listed in (1) and the US Immigration and Customs Enforcement has guaranteed that, in all such cases, it will issue a detainer for the initiation of removal proceedings and agree to reimburse the state for the cost of incarceration from the time of the issuance of the detainer. Makes conforming changes. Effective December 1, 2013, and applies to offenses committed on or after that date.

Reimbursement of Cost of Incarcerating Undocumented Aliens. Enacts new GS 148-2.1 requiring an undocumented alien prisoner, as defined, to reimburse the state for the actual cost of incarceration, to be remitted to the General Fund. Provides that any reimbursement that is unpaid is a "debt" and may be set off against any state income tax refund, and allows collection of the debt through the setoff for at least 10 years from the time of release or termination, or until the debt is satisfied. Allows the judge to include in the order a requirement that the individual pay an amount estimated to be sufficient to cover the total actual cost of incarceration over the entirety of the prisoner's incarceration. Amends GS 148-33.1 to make a conforming change. Effective December 1, 2013, and applies to offenses committed on or after that date.

Immigration Status Checks for Certain Persons Lawfully Stopped, Detained, or Arrested. Enacts new GS 15A-506 to allow a law enforcement officer or agency to make a reasonable attempt to verify the immigration status of a person lawfully stopped, detained, or arrested, where reasonable suspicion exists that the person is an alien unlawfully present in the US. Requires that the verification be made as soon as possible and within 24 hours of the stop, detention, or arrest. Sets out conditions under which the statute does not apply, including when verifying the person's immigration status may hinder or obstruct the investigation, and when the person can provide one the listed types of valid identification. Effective December 1, 2013, and applies to offenses committed on or after that date.

Miscellaneous. Enacts new GS 64-9 to specify permissible methods for verifying immigration status. Enacts new GS 64-10 allowing records relating to immigration status to be admissible in court without further foundation or testimony form a records custodian if the record is certified as authentic by the federal agency responsible for keeping records. Enacts new GS 64-11 to provide for the transportation of an unlawfully present alien by state or local law enforcement. Enacts new GS 64-12 to provide for the construction of the Chapter and to establish a severability clause.

Prohibit Use of Certain Documents for Identification Purposes. Enacts new GS 15A-306 to prohibit the use of the following documents in determining a person's actual identity or residency (1) matricular consular or similar document is used by another country, and (2) an identity document issued or created by any person, organization, country, city, or other local authority, except where expressly authorized by the General Assembly to be used. Amends GS 20-7 and GS 58-2-164, removing matricular consular and similar documents from those that are reasonably reliable indicators of residency. Amends GS 108A-55.3 (Verification of State residency required for medical assistance)to remove a document issued by a foreign consulate verifying the applicant's intent to live in the state or that the applicant is residing in the state to seek employment or with a job commitment, from the list of documents that may be used to prove state residency. Effective October 1, 2013.

E-Verify. The following changes are effective as follows: (1) October 1, 2013 for contractors that employ 500 or more employees as of that date, and their subcontractors, (2) January 1, 2014, for contractors that employ 100 or more employees but fewer than 500 as of that date, and their subcontractors, and (3) July 1, 2014, for all other contractors and subcontractors. Amends GS 153A-449 (counties) and GS 160A-20.1 (cities) to prohibit a county or city from entering into a contract unless the contractor and the subcontractors register and participate in E-Verify. Amends GS 143-129 (Procedure for letting of public contracts) to prohibit awarding contracts subject to the statute unless the contractor and subcontractors register and participate in E-Verify.  Enacts new GS 143-48.5 requiring the use of E-Verify by contractors and subcontractors in contracts subject to Article 3 (Purchases and Contracts) of GS Chapter 143. Amends GS 147-33.95 to make contracts subject to Part 4 (Procurement of Information Technology) of Article 3D of GS Chapter 147 subject to the E-Verify requirement.

The following changes are effective when they become law. Amends GS 64-25 to exclude from the definition of employee, an individual whose term of employment is customarily affected by the seasonality of the industry in which the individual is employed, or less than year round. Repeals GS 64-26(c), which exempted a seasonal temporary employee employed for 90 or fewer days during a 12‑consecutive‑month period from the E-Verify requirements. Enacts new GS 64-39 to prohibit penalties against an employer if a violation or alleged violation of GS 64-26 (Verification of employee work authorization) was with respect to an employee who possesses a valid restricted drivers permit or a valid restricted identification card.

Require Undocumented Alien Drivers to Obtain Restricted Drivers Permits. Amends GS 20-4.01 to add a definition of criminal history that includes a history of conviction of state or federal crimes, misdemeanor or felony, that includes the (1) criminal offenses set forth in the specified Articles of GS Chapter 14, including endangering executive and legislative officers, homicide, and public intoxication; (2) possession or sale of drugs in violation of the NC Controlled Substances Act; and (3) alcohol-related offenses. Amends GS 20-7(f)(3) to provide that the durations in the statute also apply to permits and identification cards, in addition to licenses. Adds to the conditions upon which the durations do not apply, a determination that a restricted drivers permit or a restricted identification card should be issued pursuant to new (t); provides that a restricted drivers permit or restricted id card can not expire later than one year after the date of issuance. Amends GS 20-7(i) to add restricted drivers permits and restricted identification cards to those subject to the fee schedule. Provides that the fee for an initial one-year restricted permit or an initial one-year restricted id card is to be set by the Secretary of Transportation. Sets a $25 fee for renewal of a restricted drivers permit or a restricted id card. Enacts new GS 20-7(t) providing that the Division of Motor Vehicles will issue a restricted drivers permit or a restricted id card to an applicant not lawfully present in the US who meets the four specified requirements. Also requires that such an issued permit or id card meet specific format requirements that distinguish it from other permits and cards, and requires the certain information be included. Provides that when the laws refer to a drivers license, the term includes a restricted drivers permit, except when the law confers a benefit, privilege, or right for which lawful presence is a prerequisite. Amends GS 20-15 to require canceling and revoking the restricted drivers permit of a person convicted of violation GS 20-313 (Operation of motor vehicle without financial responsibility a misdemeanor). Effective October 1, 2013.

Impoundment and Sale of Vehicles for Driving while License Revoked, Driving Without a License, and Driving While Failing to Maintain Financial Responsibility. Enacts new GS 20-28.10 providing as follows. Allows a judge to determine whether a vehicle driven at the time of the underlying offense becomes subject to an order of forfeiture and specifies times at which the determination may be made. Defines an underlying violation as (1) driving while license is revoked under an impaired drivers license revocation, (2) a violation of GS 20-313 (Operation of motor vehicle without financial responsibility a misdemeanor), or (3) driving without a license or a restricted drivers permit. Requires the vehicle to be subject to a forfeiture order if the greater weight of the evidence shows that the defendant is guilty of an underlying violation, unless listed conditions are satisfied. Specifies requirement of notifying possible innocent parties of the forfeiture. Provides for notification to the insurance company of damage caused to a vehicle while committing the underlying offense or incident to the seizure, and requires that claim proceeds be paid to the clerk of superior court. Sets out the procedure and hearing requirements for the disposal of a vehicle that has been ordered forfeited, and has not been released to an innocent owner. Provides for the process of releasing a motor vehicle to an innocent owner. Provides the process for releasing a forfeited vehicle to the lienholder. Orders authorizing the release of a seized vehicle must require the payment of towing and storage charges incurred because of the seizure and impoundment. Establishes the duties of an officer concerning seizing a vehicle and for providing notice of seizure. Sets out requirements for providing notice of impoundment to the Division of Motor Vehicles, any lienholder, and to an innocent owner. Requires additional specified notifications to lienholders.

Requires a magistrate to review the affidavit of impoundment presented by the seizing officer and order the vehicle to be held if the magistrate determines that the requirements of the statute have been met. If the magistrate determines that the requirements have not been met, an order must be made to release the vehicle. Provides for effecting an order of seizure. Provides procedures for the towing of a seized motor vehicle and for custody of the vehicle. Allows a motor vehicle owner, other than the driver at the time of the underlying offense, to apply for pretrial release of the vehicle and specifies the conditions under which the vehicle may be released. Also allows a nondefendant motor vehicle owner to petition for a pretrial determination that the petitioner is an innocent owner and sets out relevant procedures. Allows a lienholder to file a petition requesting the court to order pretrial release of a seized motor vehicle, and specifies the procedure for doing so.

Provides for the claiming and handling of insurance proceeds when the vehicle is damaged incident to the conduct that gave rise to the seizure of the vehicle. Provides for the expedited sale of seized vehicles in specified circumstances. Allows for the removal of personal property from the vehicle.

Requires notice to the attorney for the county board of education on all proceedings regarding underlying offenses related to a vehicle subject to forfeiture. Also gives the attorney the right to appear and be heard on all issues related to the seized vehicle.

If the driver is convicted of an underlying offense, the defendant is to be ordered to pay the costs paid or owing for the towing, storage, and sale of the vehicle to the extend the costs were not covered by the sale proceeds. Requires trials of underlying offenses to be be schedule on the seizing officer's next court date, or within 30 days of the offense, whichever is first. Prohibits continuing the case unless specified conditions are met. Provides for the release of the vehicle upon a dismissal or finding of not guilty. Includes further guidance on the sale of a forfeited vehicle, use of the sale proceeds, and retention of a vehicle. Provides that an order of forfeiture is stayed pending appeal.

Effective December 1, 2013, and applies to offenses committed on or after that date.

Authorizes eligible local school boards, beginning with the the 2014-15 fiscal year, to levy and collect taxes for the support of public education as provided in this act.

Identifies as eligible local school boards those satisfying the following criteria: (1) the local board is elected, not appointed and (2) the local board and the board of county commissioners of each county in which the local school administrative unit (LEA)is located must have passed resolutions authorizing the local school board to levy taxes under this act.

Permits the local board to levy and collect taxes under this act beginning with the first fiscal year that starts more than six months after the adoption of the necessary resolutions by the board of county commissioners and the local school board. Provides that the tax levying authority encompasses authority to take other actions necessary to implement the taxing authority for the fiscal year.

Designates eligible local boards granted taxing authority as units of local government under GS 159-7(b)(15) and directs that they follow the provisions of the Local Government Budget and Fiscal Control Act in Article 3 of GS Chapter 159, instead of the School Budget and Fiscal Control Act in Article 31 of GS Chapter 115C. However, directs the eligible local boards to continue to follow the budget format and fund structure in the School Budget and Fiscal Control Act. Instructs an eligible local board to file required reports with both the secretary of the Local Government Commission and the State Board of Education (SBE).

Designates the superintendent for the eligible local board to be the chief budget officer. Provides that any questions arising about the budget format and procedures to be followed by the eligible local boards is to be resolved by the Local Government Commission.

Confers the same authority to levy and collectproperty tax for purposes of public educationto the eligible local boards of education as that held by a board of county commissioners. Provides that eligible local boards have the same authority and follow the same procedures as a municipality in the collection of the ad valorem tax under Article 22 of GS Chapter 105, withspecified exceptions.

Directs the Local Government Commission and the Office of State Budget and Management to assist each eligible local board in developing plans to ensure the availability of sufficient revenues for the operation of schools during the start of the initial fiscal year for the eligible local boards to exercise taxing authority. States that the provisions of GS 105-374(h) and GS 105-375k, concerning joint foreclosure and consolidation of liens, respectively apply to eligible local boards under this act to the same extent as to counties, cities, and other taxing units.

Abolishessupplemental taxes enacted for the support of schools, effective July 1 of the initial fiscalyear inwhich the eligible local board has the authority to levy and collect taxes. Provides that Article 36 of GS Chapter 115C concerning tax supplements forschool purposes does notapply in counties in which the local board is eligible to levy and collect taxes.

Provides additional specifications regarding the distribution of local sales tax proceeds, interlocal agreements pertaining to existing indebtedness and related local sales tax proceeds, the use and transfer of capital reserve funds, and the issuance of bonds by local boards of education.

Amends GS 159-168 to to expand the definition for unit to includea school unit whose board is authorized to levy and collect taxes.Enacts new GS 115C-458.1 to authorize the SBE to make loans from the State Literary Fund directly to eligible local boards which are authorized to levy and collect taxes.

Amends GS 115C-452 to provide that in counties where the local board has been authorized to levy and collect taxes, the clerk of superior court is to remit the clear proceeds of all penalties and forfeitures and all fines collected in the General Court of Justice directly to the finance officer (the superintendent) of the LEA. In a county where there is both a county board of education and a city board of education with taxing authority, directs the clerk to remit the proceeds to the finance officer of the countyLEA and designates responsibility to the county finance officer to determine and remit to the city finance officer the city's portion of the proceeds based on projected average daily membership.

Specifies responsibilities and authority previously delegated to the board of county commissioners which no longer apply. These include: erecting school buildings, providing equipment for buildings, fire prevention, lease purchases and installment purchase contracts, operational leases of schoolbuilding and facilities, capital leases of school buildings and facilities, and the public school building capital fund. Limits an eligible local board's taxingability to the authority provided in this act.

Provides that nothing in this act prohibits a board of county commissioners from providing additional financial support to an eligible local board of education at its discretion.

Sets limitations on the tax rate for the initial fiscal year, prohibiting an eligible local board from setting a tax rate greater than the rate necessary to produce sufficient revenue to offset the county appropriations, calculated on a per-pupil basis, that are no longer available to the public schools for that fiscal year, plus the amount needed to cover the cost-of-living increase from the previous fiscal year. Specifies the responsibility of the board of county commissioners to provide notice to the eligible local boardby May 1 before the start of the fiscal yearregarding any county funds other than property and sales tax revenue previously appropriated to the local board that will no longer be available. Specifies guidelines for the eligible local board to calculate the property tax rate.

Enacts GS 143B-437.014, defining food desert zone and nutrient dense food and requiring the Secretary of Commerce to make written documentation, upon application by a county, as to whether an area is a food desert zone. A determination that the statute is effective is for 10 years.

Amends GS 105-129.81, adding subsection (10a) defining food desert zone and subsection (19a) defining nutrient dense food.

Amends GS 105-129.83, adding subsection (a1) providing a tax credit for taxpayers engaged in the retail sale of food if the taxpayer is located in a food desert zone and has gross receipts from the sale of nutrient dense food at a minimum of 10% of the total gross receipts.

Adds "food desert zone" to the types of zones qualifying a taxpayer for the credit in the following statutes: GS 105-129.83(1); GS 105-129.87(b), (c), and (e); and GS 105-129.88(a), (c), and (e).

Amends GS 105-129.87(a), clarifying that a taxpayer meeting the eligibility requirements and satisfying the threshold requirement for new job creation will receive a tax credit equal to the credit for a development tier one area if the new job is located in a food desert zone.

Effective for taxable years beginning on or after January 1, 2013.

Amends GS 105-187.51B(a) adding subsection (6) imposing a privilege tax at a rate of 1% of the sales price of the equipment or personal property up to $80 per item on a company engaged in fabrication of metal work that purchases equipment or an attachment or repair part that is (1) capitalized by the company for tax purposes and (2) used by the company in the fabrication of metal products or used to create equipment for the fabrication of metal products.

Effective July 1, 2013.

Enacts new GS 143B-437.52A requiring the Department of Commerce (DOC) to notify an applicant for and recipient of a Job Development Investment Grant (JDIG) that release of confidential information from the applicant's records may not be protected if a warrant for arrest is issued against the Chief Executive Officer (CEO) or Chief Financial Officer (CFO) of the applicant. The DOC is required to verify whether the CEO or CFO of the applicant or recipient is (1) fleeing to avoid prosecution, custody, or confinement after conviction or (2) violating a condition of probation or parole imposed under federal or state law. The DOC is directed to cooperate with the Office of the State Controller, the Administrative Office of the Courts, and Department of Public Safety to develop protocols to implement this section.

Enacts new GS 143B-437.52B prohibiting the DOC from approving a JDIG if the department has information that the CEO or CFO have an outstanding warrant for arrest arising from a charge of violating conditions of parole or probation or from a felony charge.

Enacts new GS 114-19.34 allowing the Department of Justice (DOJ) to provide to the DOC from the State and National Repositories of Criminal Histories (SNRCH) the criminal history of the CEO or CFO of the applicant for a JDIG. The DOC must also submit the applicant's request and form signed by the CEO of CFO acknowledging the receipt of notification along with any identifying information required by the SNRCH or DOJ.The applicant or recipient must pay $100 to process the request for the criminal history report.

Amends GS 115C-296(a2), removing the requirement that the State Board of Election (the State Board) impose a particular schedule of fees for teacher licensure and administrative changes and granting the State Board discretion to adopt rules establishing a fee schedule for licensure services. The State Board is required to provide an online licensure management system allowing electronically submitted applications.

Amends GS 115C-296(a2)(1), changing the maximum fee for an application for demographic or administrative changes to a license from $30 to $45.

Amends GS 115C-296(a2)(2), changing the maximum fee for an application for a duplicate license or copies of documents in license files from $30 to $45.

Amends GS 115C-296(a2)(3), changing the maximum fee for an application for a renewal, extension, addition, upgrade, and variation to a license from $55 to $80.

Amends GS 115C-296(a2)(4), changing the maximum fee for an initial application for New, In-State Approved Program Graduate from $55 to $80.

Amends GS 115C-296(a2)(4), adding subsection (4a) allowing a maximum fee of $80 for an In-State license review.

Amends GS 115C-296(a2)(5), changing the maximum fee for an initial application for out-of-state licenses from $85 to $125.

Amends GS 115C-296(a2)(5), adding subsection (5a) allowing a maximum fee of $80 for verification of North Carolina licenses for another state.

Amends GS 115C-296(a2)(6), changing the maximum fee for all other applications from $85 to $125.

Effective July 1, 2013.

Blank bill.

Amends GS 115C-12(9)c1. requiring the annual "report card" to include measures of Advanced Placement and International Baccalaureate Diploma Programme participation and Advanced Placement and International Baccalaureate examination participation and performance.

Enacts new GS 115C-83.4A expanding accessibility to advanced courses and encouraging students to take advanced courses by offering various incentives. Exempts public school students from paying exam administration fees for advanced courses and registration fees in which the student is enrolled, regardless of exam score. Awards bonuses to teachers of Advanced Placement Courses for students who earn scores of three or higher on the AP exams and for teachers of International Baccalaureate Diploma Programme courses who score four or higher on the exams. Requires local boards of education to provide information to students and parents on advanced courses and to ensure that high school students have access to advanced courses in language arts, math, science, and social studies. Requires the State Board of Education to seek partners to assist in improving college readiness and to assist in ensuring students have access to high quality rigorous academics with a focus on access to advanced courses; specifies actions to be taken by the partnership.

Amends GS 115C-174.18, changing "Preliminary Scholastic Aptitude Test" to "Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQT)."

Appropriates $14,760,609 for 2013-14 and $15,802,800 for 2014-15 from the General Fund to the Department of Public Instruction. Specifies how the funds are to be used.

Requires the State Board of Education to report annually to the Joint Legislative Education Oversight Committee, beginning July 1, 2014, on advanced courses.

Effective July 1, 2013, and applies beginning with the 2013-14 school year.

Amends GS 108A-50.2, changing "Special Children Adoption Fund" to "Adoption Promotion Fund."

Recodifies GS 131D-10.1 through GS 131D-10.9 as Part 1 of Article 1A and enacts new Part 2, A Family for Every Child Initiative, consisting of GS 131D-10.9A and GS 131D-10.9B.

Enacts GS 131D-10.9A creating the 11-member Permanency Innovations Initiative Oversight Committee (the Committee). The Committee is directed to (1) design and implement a data tracking methodology to collect and analyze information to gauge the success of the initiative; (2) develop a methodology to identify short and long-term cost savings in the provision of foster care and any potential reinvestment strategies; (3) oversee program implementation to ensure fidelity to the program models; and (4) study, review, and recommend other policies and services that may positively impact permanency and well-being outcomes.

Enacts GS 131D-10.9B creating a Permanency Innovations Initiative Fund (Fund) that will support a demonstration project with services provided by Children's Home Society of North Carolina. This fund will (1) improve permanency outcomes for children living in foster care, (2) improve engagement with biological relatives of children in or at risk of entering foster care, and (3) reduce costs associated with maintaining children in foster care.

Appropriates $1.5 million for 2013-14 and $1.5 million for 2014-15 from the General Fund to the Division of Social Services to restore funds to the Adoption Promotion Fund.  Appropriates $2.5 million for 2013-14 and $4.25 million for 2014-15 from the General Fund to the Division of Social Services for the fund.

Effective July 1, 2013.

Directs the Department of Health and Human Services (Department), Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, to develop and implement a 2-tiered system of payment for purchasing local inpatient psychiatric beds or bed days. The 2-tiered system will be based on acuity level, with an enhanced rate of payment for inpatient psychiatric beds for individuals with higher acuity levels. The Department must establish performance measures to assess the effectiveness of the 2-tiered system and report to specified legislative entities by March 1, 2014.

$2 million is appropriated from the General Fund to the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services for the 2013-14 fiscal year and $2 million for the 2014-15 fiscal year for the purpose of purchasing local inpatient psychiatric beds or bed days.

Effective July 1, 2013.

Prohibits the State Board of Education from considering income earned by military personnel when they are deployed outside of the United States or the income calculation of unfunded retirement liabilities of civilian employees of the Armed Forces in computing a county's allotment from the Low Wealth Counties Supplemental Funding Allotment.

Effective July 1, 2013.

Amends GS 116-40.22(c) referencing an exception provided in subsection (e). Amends GS 116-40.22 adding subsection (e) authorizing the UNC Board of Governors (the Board) to approve the imposition of fees not inconsistent with actions of the General Assembly for distance education services provided by the North Carolina School of Science and Mathematics (the School) to nonresidents and students participating in extracurricular enrichment programs sponsored by the school.

Amends GS 116-143(c) referencing an exception provided in subsection (e). Amends 116-143 adding subsection (e) authorizing the Board to approve the imposition of fees not inconsistent with actions of the General Assembly for distance education services provided by the School to nonresidents and students participating in extracurricular enrichment programs sponsored by the School.

Effective July 1, 2013, and applies beginning with the 2013-14 spring semester.

Blank bill.

Amends GS 108A-57(a) deleting the county as an entity that will be subrogated. Also requires a personal injury or wrongful death claim brought by a medical assistance beneficiary against a third party to include a claim for all medical assistance payments for health care items or services furnished to the beneficiary as the result of the injury referred to in the statute as the Medicaid claim.

Amends GS 108A-57, adding subsection (b) establishing presumptions for Medicaid claims that exceed or do not exceed one-third of the medical assistance beneficiary's gross recovery.

Amends GS 108A-57, adding subsection (c) outlining the procedure for a medical assistance beneficiary to dispute the presumptions established in subsection (b).

Amends GS 108A-57(d), changing the amount of assistance distributed to the Department to the portion presumptively determined under subsection (b) or the portion judicially determined under subsection (c) of this section.

Amends GS 108A-57(e) specifying that the United States and the state of North Carolina are entitled to share in each net recovery by the Department of Health and Human Services (DHHS).

Amends GS 108A-57, adding subsection (h) granting authority to enforce this section to DHHS and allowing DHHS to adopt administrative rules for this purpose.

Enacts new GS 143C-3-3.1 defining zero-based budget and directing the Governor, with the fiscal year beginning July 1, 2015, to establish a schedule for phasing in the zero-based budget over a period of four fiscal years, beginning with the executive branch. The Governor must also identify which state agencies will be required to submit a zero-based budget for each of the four fiscal years.

Amends GS 143C-3-5, adding subsection (h) defining zero-based budget and setting timeframes by which the Governor must present a zero-based budget.

Amends GS 14-269.2(g) adding subsection (7) adding an exception to the prohibition of weapons on educational property and setting out criteria for a school employee to carry a stun gun on educational property. Effective December 1, 2013.

Amends GS 115C-47 adding subsection (18b) granting authority to local boards of education to adopt rules and policies allowing school employees to carry stun guns on educational property.

Amends GS 115C-238.29E(d) allowing the board of directors of a charter school to adopt rules and policies allowing school employees to carry stun guns on educational property.

Amends GS 143B-601 adding subsection (15) requiring the development of a school crisis and safety program providing instruction for principals, assistant principals, and teachers, including a safety course that involves the actual firing of stun guns.

Appropriates $200,000 for 2013-14 from the General Fund to the Department of Public Instruction to provide grants for stun guns.

Unless otherwise indicated, effective August 1, 2013.

Appropriates $2 million for 2014-15 from the General Fund to the Department of Public Instruction to establish the Western Regional Leadership Academy to increase the number of principals and assistant principals qualified to lead transformational change in schools in both rural and urban areas.

Effective July 1, 2013.