The Daily Bulletin: 2013-06-25

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The Daily Bulletin: 2013-06-25

PUBLIC/HOUSE BILLS
H 257 (2013-2014) UNCLAIMED PROPERTY PROGRAM IMPROVEMENTS. Filed Mar 6 2013, A BILL TO BE ENTITLED AN ACT TO AMEND THE STATUTES GOVERNING THE ESCHEAT FUND TO PROTECT THE PRIVACY OF INFORMATION COLLECTED FOR THE PROCESS OF PAYING CLAIMS; TO ELIMINATE THE FEE PAID BY HOLDERS FOR FILING AN EXTENSION REQUEST; TO REDUCE THE AMOUNT OF PAPERWORK REQUIRED BY HOLDERS; AND TO IMPROVE THE EFFICIENCY AND EFFECTIVENESS OF PROCESSING HOLDER REPORTS.

Senate committee substitute to the 1st edition makes the following changes. Deletes the existing law and proposed changes in GS 116B-6(i) and instead requires the State Treasurer to maintain the records it receives from holders who report unclaimed property according to GS 116B-60. Limits the information that may be subject to public inspection to the information the State Treasurer is required to annually submit to the clerks of superior court. Changes the effective date of the act from July 1, 2013, to when the act becomes law.

Intro. by Hurley.GS 116B
H 336 (2013-2014) CONTINUING BUDGET AUTHORITY (NEW). Filed Mar 19 2013, A BILL TO BE ENTITLED AN ACT AUTHORIZING THE DIRECTOR OF THE BUDGET TO CONTINUE EXPENDITURES FOR THE OPERATION OF GOVERNMENT AT A PERCENTAGE OF THE LEVEL IN EFFECT ON JUNE 30, 2013.

Senate committee substitute to the 1st edition deletes the provisions of the 1st edition and instead provides the following.

Allows the Director of the Budget to continue to allocate funds for expenditures for current operations by state departments, institutions, and agencies at a level not to exceed 90% of the level at which these operations were authorized in in 2012 Appropriations Act, SL 2012-142, as amended. Directs the Director to implement the budget reductions set out in Senate Bill 402 (S 402) 3rd edition and the 5th edition that are not in controversy. Prohibits implementing any transfers set out in S 402, 3rd edition, 5th edition, or both. Provides that vacant positions subject to proposed budget reductions in S 402, 3rd edition, 5th edition, or both are not to be filled after June 30, 2013. Requires that state employees holding positions subject to elimination in both S 402, 3rd edition and the 5th edition because of a reduction in funds that were used to support the job or its responsibilities be provided written notification of termination of employment 30 days before the effective date of the termination. Prohibits state agencies from making grant awards with funds subject to reductions in S 402, 3rd edition, 5th edition, or both.

Retains the salary schedules and salaries established for 2012-13 under SL 2012-142 and in effect on June 30, 2013, for offices and positions until the effective date of the 2013 Appropriations Act. Provides that state employees subject to GS 7A-102(c), 7A-171.1, or 20-187.3 do not move up on the salary schedule or receive automatic increases until authorized by the General Assembly. Prohibits state employees from receiving any automatic step increases, annual, performance, merit, bonuses, or other increments until authorized by the General Assembly. Prohibits public school employees paid on the teacher salary schedule or school based administrator salary schedule and other employees do not move up on salary schedules or receive automatic step increases, annual, performance, merit, or other increments until authorized by the General Assembly.

Specifies that the state's employer contribution rates budgeted for retirement and related benefits for the 2013-14 fiscal year are as provided in Section 29-22(f) of the 2011 Appropriations Act and Section 25.10 of the 2012 Appropriations Act. The contribution rates are effective until the 2013 Appropriations Act becomes law and are subject to revision in that act. Specifies actions that are to be taken if the 2012 Appropriations Act modifies the rates.

Provides that if the provisions of either the 3rd edition or 5th edition of S 402, or both, direct that funds do not revert, the funds do not revert on June 30, 2013. The funds are not to be expended after June 30, 2013, unless they are encumbered on or before June 30, except as provided by a law enacted after June 30, 2013. Effective June 30, 2013.

Repeals SL 2011-145, Section 5.1(d)(2) through (4), appropriating from the General Fund an amount equal to the amount required to issue refunds for tax overpayments, appropriating from the Escheat Fund any escheated property awarded to a claimant in accordance with the provisions of GS Chapter 116B or any other applicable law, and appropriating from the appropriate fund an amount equal to the amount required to refund any other overpayment made to a State agency. Effective June 30, 2013.

Provides that for the 2012-13 fiscal year only, funds are not to be reserved to the (1) Repairs and Renovations Reserve Account, and the State Controller must not transfer funds from the unreserved credit balance to the Repairs and Renovation Reserve Account on June 30, 2013, and (2) Savings Reserve Account, and the State Controller must not transfer funds from the unreserved credit balance to the Savings Reserve Account on June 30, 2013. Effective June 30, 2013.

Requires the Director of the Budget to continue to allocate DHHS federal block grant funds at the levels provided in the 2012 Appropriations Act and makes appropriations from the DHHS federal block grants. Funds the Quality and Availability Initiatives item under Local Program Expenditures of the Child Care and Development Block Grant at 90% of the 2012-13 levels. Does not fund the Womens' Health and Oral Health items under Local Program Expenditures and the Health Promotion item under the DHHS Program Expenditures of the Maternal and Child Health Block Grant. Requires the allocation of DHHS federal block grant funds at the levels provided in the 3rd and 5th editions of S 402 for the Temporary Assistance for Needy Families Funds, the Temporary Assistance for Needy Families Emergency Contingency Funds, and Substance Abuse Prevention and Treatment Block Grant. Provides that if funds appropriated for an item in Section 10.25 of the 2012 Appropriations Act, and as otherwise provided by law, are not appropriated for that item in the 3rd or 5th edition of S 402, that item is not to be funded. Provides that appropriations from NER federal Block Grant funds are made for the fiscal year ending June 30, 2014, according to schedules for 2012-13 or until a new schedule is enacted by the General Assembly.

Requires DHHS to (1) prepare the necessary state plan amendments to the Centers for Medicare and Medicaid Services that reflect the Medicaid reduction items in the 3rd edition, 5th edition, or both of S 402 and (2) submit the necessary state plan amendments to the Centers for Medicare and Medicaid Services that reflect the Medicaid reduction items in the 3rd edition, 5th edition, or both of S 402.

Appropriates $10,651,329 for 2013-14 from the General Fund to the Department of Public Instruction to fully fund increases in average daily membership in public schools. Effective July 1, 2013.

Sets community college in state tuition rates at $71.50/credit hour and out of state tuition rates at $263.50/credit hour. Sets fees for community college continuing education courses based on the number of hours of class time at $70, $125, and $180.

Requires excess lottery receipts realized in the 2012-13 fiscal year to remain in the Education Lottery Fund.

Amends SL 2012-142, Section 6a.5(c1), to require $2.8 million to remain at the Office of Information Technology Services (was, transferred to agencies using federal funding for IT Internal Service Fund payments) until required to provide the appropriate refunds to the federal government. Adds that Information Technology Services is allowed to retain this amount in excess of its allowed defined contingency basis. Effective June 30, 2013.

Amends SL 2013-56, Section 1, to direct the Director of the Budget, in conjunction with others, to effectuate the budget adjustments authorized in the act in an amount not to exceed $496 million (was, $51 million) to cover a projected budget shortfall. Provides that no other budget adjustments can be made under GS 143C-6-4 or any other provision of law to cover a projected Medicaid budget shortfall for the 2012-13 fiscal year. Amends SL 2013-56, Section 2, to amend the adjustment to increase the budget of the Division of Medical Assistance as follows. Requires that at least $84,539,900 be transferred from projected reversions within DHHS. Adds the use of $8,460,100 in federal Block Grant funds. Appropriates $6.5 million from available Temporary Assistance for Needy Families Emergency Contingency Funds and appropriates $1,960,100 from Temporary Assistance for Needy Families Funds. Effective when the section becomes law.

Unless otherwise provided, the act is effective July 1, 2013, and expires July 31, 2013, at 11:59 P.M.

 

 

 

Intro. by Conrad, Lambeth, Hanes, Terry.APPROP
H 343 (2013-2014) COURTS/PROCEDURE AND FEE AMENDMENTS.-AB Filed Mar 19 2013, A BILL TO BE ENTITLED AN ACT TO ELIMINATE ARBITRATION CAPS IN DISTRICT COURT, TO MAKE CLARIFICATIONS TO COURT FEES, TO AMEND THE MOTION FEE EXEMPTION, TO REQUIRE COUNTIES AND MUNICIPALITIES TO ADVANCE FEES, TO PROVIDE PRIORITY FOR THE PAYMENT OF CRIMINAL COSTS AND FEES, AND TO REMOVE THE SUNSET ON CHANGES TO CERTAIN FEES COLLECTED BY REGISTER OF DEEDS.

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

Changes the long title.

Amends GS 7A-37.1(c), as amended by Section 3 of SL 2013-159, to provide that statewide court‑ordered nonbinding arbitration will be employed in district court unless all parties to the action waive arbitration (previously, provided that such arbitration was only to be used in civil actions when claims did not exceed $25,000).

Amends GS 7A-305(f), GS 7A-306(g), and GS 7A-307(a)(4) to require that the fee of $20 accompany any filing containing one or more motions not listed in GS 7A-308 that is filed with the clerk (was, any filing of a notice of hearing on a motion).

Amends Section 7, the enactment clause, of SL 2011-296, concerning the Register of Deeds/Fees, deleting language that stated Sections 1 through 3 of the act expire July 1, 2013. Amends the lead-in language for Section 2.16 of SL 2012-79, concerning uniform fees of Registers of Deeds, deleting language that required that the changes to GS 161-10(a), as rewritten by SL 2011-296, expire at the same time that Section 1 of SL 2011-296 expires. Repeals GS 161-11.4 (Fees for floodplain mapping) and GS 161-11.6 (Fees for archival of records). Amends GS 143-215.56A, Floodplain Mapping Fund, providing that the Fund consists of fees credited to it under GS 161-11.5 (was, GS 161-11.4, repealed above). Changes above are effective July 1, 2013.

Amends the enactment clause, providing that Section 1 of this act becomes effective August 1, 2013, and applies to actions filed on or after that date. The remaining effective dates were not changed.

Intro. by Turner.GS 7A, GS 143, GS 161
H 362 (2013-2014) DEPT. OF PUBLIC SAFETY CHANGES.-AB Filed Mar 19 2013, A BILL TO BE ENTITLED AN ACT TO MAKE TECHNICAL, CLARIFYING, AND SUBSTANTIVE CHANGES RELATING TO THE DEPARTMENT OF PUBLIC SAFETY AND TO ELIMINATE THE BENCHMARKS CEILING RELATING TO PURCHASES AND CONTRACTS.

Senate committee substitute to the 3rd edition makes the following changes. Amends GS 66-25 to require electrical devices, appliances, or equipment used by the Division of Adult Correction of the Department of Public Safety to be evaluated for safety and suitability by the Central Engineering section of the Department of Public Safety.

Intro. by Faircloth.GS 20, GS 66, GS 143, GS 143B, GS 148
H 391 (2013-2014) VOLUNTEER SERVICE IN RETIREMENT. Filed Mar 20 2013, AN ACT TO AMEND THE DEFINITION OF RETIREMENT TO CLARIFY THAT SERVICE AS A MEMBER OF THE BOARD OF TRUSTEES OF A COMMUNITY COLLEGE, AS A MEMBER OF A BOARD OF TRUSTEES OF A CONSTITUENT INSTITUTION OF THE UNIVERSITY OF NORTH CAROLINA, OR AS A VOLUNTEER GUARDIAN AD LITEM IN THE GUARDIAN AD LITEM PROGRAM IS NOT CONSIDERED SERVICE FOR THE PURPOSES OF THAT DEFINITION.

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

Amends GS 135-1(20) to add that service as a member of the board of trustees of a community college or the board of trustees of any UNC constituent institution is not considered service under the definition of retirement. Makes technical changes. Amends the act's long title.

Intro. by Boles.GS 135
H 402 (2013-2014) TRICARE SUPPLEMENT FOR FLEX ACCOUNTS. Filed Mar 20 2013, A BILL TO BE ENTITLED AN ACT TO REQUIRE A TRICARE SUPPLEMENT TO BE OFFERED IF A PLAN OF FLEXIBLE COMPENSATION IS OFFERED BY THE STATE.

Senate committee substitute to the 2nd edition makes the following changes.

Provides that state entities must use a competitive bid process to award contracts to third party providers for TRICARE supplement options (was, required a competitive bid process for any state entity that decides to offer a TRICARE supplement option).

Amend the act's long title.

Intro. by Szoka, Dockham, Ramsey, Floyd. GS 116, GS 115C, GS 115D, GS 126
H 754 (2013-2014) LEASE PURCHASE OF REAL PROPERTY/COMM. COLL. Filed Apr 10 2013, A BILL TO BE ENTITLED AN ACT AUTHORIZING COMMUNITY COLLEGES TO ACQUIRE REAL PROPERTY BY LEASE PURCHASE.

Senate committee amendment to the 2nd edition makes the act effective when it becomes law (was, effective July 1, 2013).

Intro. by Johnson.GS 115D
H 816 (2013-2014) TOBACCO GROWERS ASSESSMENT ACT (NEW). Filed Apr 10 2013, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE TOBACCO GROWERS TO ASSESS THEMSELVES TO PROMOTE THE INTERESTS OF TOBACCO GROWERS.

Senate committee substitute makes the following changes to the 2nd edition.

Amends GS 106-568.43, concerning the referendum provision of the Tobacco Growers Assessment Act, providing that the Tobacco Growers Association of North Carolina Inc. (Association) will determine the amount of the proposed assessment and the date by which the referendum ballot must be returned by mail (previously, required the Association to determine the time and place of the referendum, procedures for conducting the referendum and the counting of votes, and other matters pertaining to the referendum). Adds new subsection that provides that the Association will mail a referendum ballot to all known tobacco growers in North Carolina at least three months prior to the due date of the ballot. Requires the Association to, for the greater of three months or 90 days before the date the ballot must be returned,  (1) provide a printable referendum ballot on the Association's official website and (2) make hard copies of the ballot available at all county NC Cooperative Extension Service offices. Ballots are required to be returned to the Commissioner of Agriculture by the date set by the Association. Requires the Department of Agriculture to count the votes and report the results to the Association.

Amends GS 106-568.44, concerning the payment and collection of the assessment, making a technical change.

Amends GS 106-568.45, changing the title of the section to Use of Assessments; refunds; annual audit (was, Use of Assessments; refunds). Makes a clarifying change regarding the annual report on the collection and use of assessment funds. Requires the Association to publicly post the annual report on its official website at least 30 days before the Association's annual meeting.  Provides that a tobacco grower can request a refund of the assessment funds collected by submitting a written request to the Association postmarked on or before December 31 of the same year (was, by submitting a written request within 30 days from the last date on which the assessment was collected from the grower). Directs the Association to designate a third party to conduct an annual audit of the implementation of this Article. Provides that the Association will designate the time at which the audit can be conducted each year, requiring that the results of the audit must be available before or in conjunction with the annual report.

 

Intro. by Langdon. GS 106
H 834 (2013-2014) MODERN STATE HUMAN RESOURCES MANAGEMENT/RTR (NEW). Filed Apr 10 2013, AN ACT ENHANCING THE EFFECTIVENESS AND EFFICIENCY OF STATE GOVERNMENT BY MODERNIZING THE STATE'S SYSTEM OF HUMAN RESOURCES MANAGEMENT AND BY PROVIDING FLEXIBILITY FOR EXECUTIVE BRANCH REORGANIZATION AND RESTRUCTURING AND TO IMPROVE TRANSPARENCY IN THE COST OF HEALTH CARE PROVIDED BY HOSPITALS AND AMBULATORY SURGICAL FACILITIES; TO TERMINATE SET-OFF DEBT COLLECTION BY CERTAIN STATE AGENCIES PROVIDING HEALTH CARE TO THE PUBLIC; TO MAKE IT UNLAWFUL FOR HEALTH CARE PROVIDERS TO CHARGE FOR PROCEDURES OR COMPONENTS OF PROCEDURES THAT WERE NOT PROVIDED OR SUPPLIED; TO PROVIDE FOR FAIR HEALTH CARE FACILITY BILLING AND COLLECTIONS PRACTICES; AND TO PROVIDE THAT HOSPITALS RECEIVING MEDICAID REIMBURSEMENTS PARTICIPATE IN THE NORTH CAROLINA HEALTH INFORMATION EXCHANGE NETWORK.

Senate committee substitute to the 3rd edition makes the following changes. Amends GS 126-2 to provide that five (was, six) members of the State Personnel Commission constitute a quorum. Also deletes the proposed requirement that the Governor consider nominations submitted by the State Employees Association of North Carolina for the Commission member who was a veteran of the US Armed Forces.

Amends GS 126-1.1 by deleting the proposed changes to the definition of career state employee to now mean a state employee or employee of a local entity covered by GS Chapter 126 who is in a permanent position and has been continuously employed by that entity in a position subject to the State Personnel Act for the immediate 24 preceding months.

Amends GS 126-5(d)(1) by deleting the provision that allowed the Governor to designate up to 1% of the total number of full time positions in the Department of Public Safety, with a cap of 100, as exempt managerial positions and allowing the Governor to increase by five the number of exempt policy making positions at the Department, not to exceed 105 total exempt policy making positions.

Amends GS 126-34.01, concerning state employee grievances, to prohibit a proposed agency final decision from being issued or made final until it is approved by the Office of State Personnel. Requires the agency grievance procedure and Office of State Personnel review to be completed within 90 days from the filing of the grievance.

Amends GS 126-34.02 to allow an applicant for state employment, a state employee, or former state employee to file a contested case in the Office of Administrative Hearings (OAH) under GS Chapter 150B, Article 3, once a final agency decision has been issued (was, may file a grievance with the State Personnel Commission). Requires the contested case to be filed within 30 days of receiving the final agency decision. Requires that the OAH hear and issue a final decision within 180 days from the commencement of the case. Allows OAH to (1) reinstate any employee to the position the employee was removed from; (2) order the employment, promotion, transfer, or salary adjustment of any individual to whom it has been wrongfully denied; or (3) direct other suitable action to correct the abuse. Provides that an aggrieved party in a contested case is entitled to judicial review of a final decision through appeal to the Court of Appeals. Requires the appeal to be taken within 30 days of receiving the written notice of final decision. Makes conforming changes. Allows an employee to appeal an involuntary nondisciplinary separation due to an employee's unavailability as if it were a disciplinary action, but provides that the agency has only the burden to prove that the employee was unavailable. Adds that the remedies provided in this statute in a whistleblower appeal are the same as those in GS 126-87. Requires OAH to report on a semi-annual basis to the Office of State Personnel and the Joint Legislative Administrative Procedure Oversight Committee on the number of cases filed under this statute and the number of days between the filing and closing of each case. Makes conforming changes to GS 126-34.2. Deletes GS 126-36.1 (appeal to OAH by applicant for employment).

Amends GS 126-34.3 to provide that a decision by OAH on assessing or refusing to assess reasonable witness fees or attorneys' fees is subject to judicial review. Allows the reviewing court to reverse or modify the decision if it is unreasonable or the award is inadequate. Provides that an employee who obtains a reversal or modification of the OAH's decision in an appeal is entitled to recover court costs and reasonable attorneys' fees for representation on the appeal.

Amends GS 126-35, prohibiting the discharge, suspension, or demotion of a career state employee for disciplinary reasons, except for just cause, to give the employee 15 days from the date the statement is delivered to appeal to the head of the agency through the agency grievance procedure for a final agency decision. Provides that if the employee is not satisfied with the final agency decision or is unable, within a reasonable period of time to obtain a final agency decision, the employee may appeal to OAH. Deletes the provision prohibiting a reduction in pay or position which is not imposed for disciplinary reasons from being considered a disciplinary action; the provision treating an involuntary separation the same as a disciplinary action; and the provision placing the burden of showing a career state employee was discharged, suspended, or demoted for just cause on the department or agency employer.

Instead of amending GS 126-7.2, deletes the entire statute (concerning the time limit for appeals of applicants and noncareer state employees).

Makes conforming changes to GS 126-14.1 and GS 7A-29.

Specifies that Part VI (employee grievances) of the act applies to grievances filed on or after the date that the part becomes law.

Deletes proposed changes to GS 126-26 (changing term regulations to policies).

Amends GS 126-86 to allow any state employee injured by a violation of GS 126-85 who is not subject to Article 8, Employee Appeals of Grievances and Disciplinary Action, (was, any state employee) to maintain an action in superior court against the person or agency who committed the violation within one year after the occurrence of the violation.

Deletes Section 8.1, with specified reorganization actions that the Governor may take in order to provide for the most effective and efficient delivery of services and performance of functions by the executive branch. Makes clarifying changes to Section 8.2. Provides that severance and any other payments made under the implementation of the RTR program will not exceed funds appropriated for that purpose. Deletes Section 8.3, which allows selections for reductions in force based upon skills and qualifications for the positions if RTR is deployed and not enough employees volunteer. Makes Part 8 effective when it becomes law and sets it to expire June 30, 2014 (was, effective when the part becomes law and expired December 31, 2014). Requires the Office of State Personnel and the Office of State Budget and management to report to the Joint Legislative Commission on Governmental Operations on January 31, 2014; April 30, 2014; and September 1, 2014.

Intro. by Collins, Burr. GS 7A, GS 126, GS 147
H 917 (2013-2014) ADOPT DUBLIN PEANUT FESTIVAL. Filed Apr 11 2013, A BILL TO BE ENTITLED AN ACT ADOPTING THE DUBLIN PEANUT FESTIVAL AS THE STATE OFFICIAL PEANUT FESTIVAL.

Senate committee substitute to the 1st edition changes the statute number of the proposed section to GS 145-47 (was, GS 145-41).

Intro. by Brisson.GS 145
H 982 (2013-2014) MODIFY MEDICAID SUBROGATION STATUTE. Filed Apr 17 2013, A BILL TO BE ENTITLED AN ACT TO MODIFY THE MEDICAID SUBROGATION STATUTE IN RESPONSE TO THE UNITED STATES SUPREME COURT DECISION IN WOS V. E.M.A.

Senate committee substitute to the 2nd edition makes the following changes.

Amends GS 108A-57 to provide that if the beneficiary rebuts the presumption (concerning what specified amounts are presumed to represent compensation for the Medicaid claim), then the court must determine the portion of the recovery that represents compensation for the claim and order the beneficiary to pay that amount. Also provides that if the beneficiary does not rebut the presumption, then the court must order the beneficiary to pay the presumed amount. Allows the medical assistance beneficiary and the Department of Health and Human Services (Department) to reach an agreement on the portion of the recovery that represents compensation for the Medicaid claim. Requires the medical assistance beneficiary, or the beneficiary's attorney, to pay a certain amount to the Department, with the payment calculation varying depending on whether or not an application disputing the recovery presumptions has been filed, or if an agreement has been reached between the beneficiary and the Department. Makes it a Class 1 misdemeanor for a person who seeks or has been given assistance to willfully fail to disclose to the Department the identity of the person or organization against whom the recipient has a right of recovery.

Provides that the act is effective when it becomes law and it applies to (1) Medicaid claims arising on or after that date and (2) to Medicaid claims arising before that date for which the Department has not been paid in full. Provides that for claims that arose before the effective date of the act where the Department has not been paid in full, the beneficiary has 90 days from the act's effective date to apply to the court under GS 108A-57(a2).

Makes clarifying and technical changes.

Intro. by Burr, Avila.GS 108A

The Daily Bulletin: 2013-06-25

PUBLIC/SENATE BILLS
S 337 (2013-2014) NC CHARTER SCHOOL ADVISORY BOARD (NEW). Filed Mar 14 2013, A BILL TO BE ENTITLED AN ACT TO CREATE THE NORTH CAROLINA CHARTER SCHOOLS ADVISORY BOARD AND MAKE OTHER CHANGES TO CHARTER SCHOOL LAWS.

House committee substitute makes the following changes to the 4th edition.

Amends GS 115C-238-29A to replace the North Carolina Public Charter Schools Board (Charter Board)with the North Carolina Charter Schools Advisory Board (Advisory Board). Locates the Advisory Board within the Department of Public Instruction (DPI). Identifies the powers and duties of the Advisory Boardas follows: (1)to make recommendations to the State Board of Education (SBE)on the adoption of rules regarding all aspects of charter school operation; (2) to review applications and make recommendations to the SBE for final approval of charter applications; (3) to make recommendations to the SBE on actions regarding a charter school, including renewals, non-renewals, and revocation of charters; and (4) to undertake any other duties and responsibilities assigned by the SBE.Requires that the Advisory Board be treated as a board for purposes of GS Chapter 138A. Deletes provisions regarding powers and duties of the previous Charter Board and makes conforming changes deletingallreferences tothe Charter Board and replacing them with Advisory Board. Provides that there be one member appointed to the 11-member Advisory Board by the SBE (was, appointed by the State Treasurer or the Treasurer's designee). Further amends the appointment of members.

Amends GS 115C-238.29B to remove the fee for initial and renewal charterschool applications.

Amends GS 115C-238.29D to return authority for granting final approval of a charter school application to the SBE (was, granted authority to the Charter Board). Requires the SBE to act by January 15 (was, March 15) of a calendar yearon all applications and appeals it receives prior to a date established by the Office of Charter Schools for receipt of applications in the prior calendar year (was, received prior to February 15 of the previous calendar year).

Amends GS 115C-238.29E to reinstate language that makes all charter schools accountable to the SBE (was, the Charter Board) for ensuring compliance with applicable laws and the provisions of their charters. Requires a charter school to operate under the written charter signed by the SBE and the applicant.

Amends GS 115C-238.29F to require that at minimum, 50% of the teachers employed by a charter school in grades kindergarten through12 must have teaching certificates (was, 75% for teachers of students in grades kindergarten through five).Requires that all teachers of core subjects in grades kindergarten through 12 be college graduates (requirement was limited to teachers of students in grades six through 12).

Removes authority granted to the CharterBoard in the previous edition regarding funding, supervision, and revocation of charters and restores that authority to the SBE.

Directs the board of directors of each charter school to adopt a policy as to whether or under what circumstancesa school personnel position job applicant will be required to undergo a criminal history background check. Prohibits a board of directorsfrom requiring an applicant topay for a criminal history check. Clarifies that the SBE's and board of directors of a charter school'simmunity from liability for negligence does not extend to gross negligence, wanton conduct, or intentional wrongdoing.

Requires that within one year orafter a charterschoolbegins operations, the school's population should reasonablyreflect the racial and ethnic composition of the populationthat the school intends to serve that is residing within the LEA where the school is located. Permits a charter school to give enrollment priority to: (1)the siblings of currently enrolled students who wereadmitted toa charter school in a previous year; (2) children of all school employees; (3) the children of the board of directors for a limited three years of operations and limits the number of these children to no more than 10% of the population or 20 students, whichever is less;(4) a student previously enrolled in the charter schoolwho left to participate in an extraordinary educational opportunity or because of a vocational opportunity for the student's parent; and (5) children of the school's principal, teachers, and teachers assistants. Specifies lottery procedures for siblings seeking admission to a charter school and clarifies the definition of siblings for the purposes of this section.

Provides that upon dissolution of a charter school or the non-renewal of a charter, all of the net assets of the charter school that were purchased with public funds are the property of the LEA in which the charter school is located (was, property of the state and returned to the General Fund).

Amends GS 115C-236.29G to declare that the SBE may terminate or not renew a charter based on a list of specified grounds (was, vested authority to not renew a charter or seek charter applicants in the Charter Board). Deletes additional changes from the previous edition regarding authority to not renew or terminate a charter and replaces the amended provisions with current law.

Amends GS 115C-238.29H, which directs an LEA to transfer the per-pupil share of the local current expense fund to a charter school when a student that would otherwise attend that LEA attendsa charter school. Requires the LEA to transfer the funds to the charter school within 30 days of receipt of the funds into the local current expense fund and to make necessary adjustments within 30 days (was, within 30 daysof certification of the average daily membership (ADM) by the SBE). Also requires a charter schoolreceiving a greater share of funds than is requiredunder this sectionto return those funds within 30 days unless the LEA and the charter school have another agreement regarding the overpayment of funds. Provides that interest at the legal rate will accruefrom the date of the delinquency on funds not transferred by either the LEA or the charter school as appropriate within the 30-dayrequirement. Provides that before beginning an action based on a failure to transfer funds as required under this section, that the complaining party givethe other party 15 days' written notice ofthe alleged violation.

Makes a conforming change, deleting amendments to GS 135-5.3(b) and GS 135-48.54(b) to remove references to the Charter Board, dissolved in this act.

Amends GS 143B-426.40A, adding a new subsection (m) to provide that thisstatute does not apply to assignments to charter schools to obtain funds for facilities, equipment, or operations under GS 115C-238.29H.

Amendsthe initial appointments to the Advisory Board by the Governorto include the vice-chair and the chair.Initial appointments also include one member appointed by the SBE to serve until June 30, 2015.

Provides that Section 7 of this act, which abolishes the North Carolina Charter School Advisory Council as established by the SBE on August 4, 2011, by Policy TCS-B-006 is effective August 1, 2013.

Amends this act's long title.

Intro. by Tillman, Soucek.GS 105, GS 115C, GS 143B
S 571 (2013-2014) AUTHORIZE VARIOUS SPECIAL PLATES. Filed Apr 1 2013, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE DIVISION OF MOTOR VEHICLES TO ISSUE VARIOUS SPECIAL REGISTRATION PLATES AND TO AMEND PROVISIONS FOR VARIOUS SPECIAL REGISTRATION PLATES.

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

Further amends GS 20-70.4(b) to also allow issuance of the following 11 license plates, contingent on the receipt of at least 300 plate applications: Charlotte Checkers, First Tee, Mission Foundation, Morehead Planetarium, Native Brook Trout,  Order of the Long Leaf Pine, Red Drum, Town of Holden Beach, Town of Matthews, turtle rescue team, and Volunteers in Law Enforcement. Establishes the fees for those plates and requires the funds in the Collegiate and Cultural Attraction Plate Account from the sale of each of the plates to go to specified entities for each plate. Amends the Pancreatic Cancer Awareness plate to no longer require it to include the letters ML. Amends the YMCA plate to no longer require it to include the letters SA.

Amends GS 20-79.4(b)(41) to change the City/County Clerk plate to the NCAMC/NCACC Clerk plate, issuable to a clerk of a municipal governing board or a clerk of a county board of commissioners of a municipality or city.

Repeals GS 20-79.4(b)(163), allowing issuance of the Phi Beta Sigma Fraternity plate. Makes conforming changes.

Amends GS 20-63(b1) to remove the requirement that the Division of Motor Vehicles send the owner a replacement special license plate in a standardized format when the Division registers a vehicle or renews the registration of a vehicle on or after July 1, 2015.

Repeals Section 1.1 [which repealed GS 20-63(b1)] and Section 5.1 (which amended GS 20-79.7 to require the Division of Motor Vehicles to deduct the cost of issuing replacement full color special license plates until July 1, 2016) of SL 2011-392. Makes conforming changes.

Intro. by Brock. GS 20

The Daily Bulletin: 2013-06-25

LOCAL/HOUSE BILLS
H 318 (2013-2014) WINSTON-SALEM/SEISMIC CODES. Filed Mar 14 2013, A BILL TO BE ENTITLED AN ACT TO EXEMPT FROM SEISMIC UPGRADE REQUIREMENTS A TEMPORARY OCCUPANCY BY AN EMERGENCY OPERATIONS CENTER TO ALLOW SIMILAR UPGRADES TO BE PERFORMED ON THE BUILDING PERMANENTLY HOUSING THE CENTER.

Senate committee substitute to the 1st edition provides that the act applies to Winston-Salem and Forsyth County (was, Forsyth County only).

Intro. by Conrad, Lambeth, Hanes.Forsyth
H 334 (2013-2014) BUNCOMBE CTY LOTTERY FUND USE EXPANSION (NEW). Filed Mar 19 2013, A BILL TO BE ENTITLED AN ACT AUTHORIZING BUNCOMBE COUNTY TO USE SOME LOTTERY FUNDS TO EXPAND DIGITAL LEARNING IN THE PUBLIC SCHOOLS.

Senate committee substitute to the 1st edition deletes the provisions of the 1st edition and replaces it with the following. Amends GS 115C-546.2(d) to allow Buncombe County to use lottery funds for digital learning needs. Effective when the act becomes law and applies only to unencumbered funds received by Buncombe County before that date. Amends the act's titles.

Intro. by Ramsey.Buncombe, GS 115C
H 347 (2013-2014) AMEND GREENSBORO FIRE RETIREMENT/CHARTER (NEW). Filed Mar 19 2013, A BILL TO BE ENTITLED AN ACT TO AMEND THE GREENSBORO FIREFIGHTERS' SUPPLEMENTAL RETIREMENT SYSTEM AND TO AMEND THE CHARTER OF THE CITY OF GREENSBORO TO CHANGE CERTAIN REFERENCES FROM BUILDING INSPECTOR TO COMPLIANCE OFFICER.

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

Amends Section 5.65 (concerning the duties of the Board of Adjustment) of the Greensboro Charter, SL 1959-1137, as amended, to replace the building inspector with the compliance officer. Also amends Section 5.74 (concerning the Housing Commission) to replace the building inspector with the compliance officer.

Amends the act's short and long titles.

Intro. by Faircloth, Adams, Hardister, Harrison.Guilford
H 418 (2013-2014) BUNCOMBE CULTURE & REC. AUTHORITY (NEW). Filed Mar 21 2013, A BILL TO BE ENTITLED AN ACT AUTHORIZING BUNCOMBE COUNTY TO ESTABLISH A CULTURE AND RECREATION AUTHORITY.

Senatecommittee substitute makes the following changes to the 4th edition.

Deletes provisions authorizingtheBuncombe County Board of Commissioners (County)to expand the Culture and Recreation Authority (Authority) created in this acttoincludeadditional municipalities located within Buncombe County as participating units in the agreement establishing the Authority.Instead, provides that the Board of the Authority will consist of seven members, all of whom are appointed by the County (was, a minimum of seven members with a majority appointed by the County). Makes a conforming change, deleting the definition for participating unit. Makes additional conforming changes.

Requires that at least one of the members appointed to the Authority be a member of the governing board of Buncombe County.

Gives the Board of Commissioners the right to assign Buncombe County employees to the Authority, who are then considered Authority employees.

Makes a conforming change to the title.

Intro. by Ramsey, Moffitt. Buncombe
H 441 (2013-2014) ROBESON COUNTY DRAINAGE DISTRICT. Filed Mar 26 2013, A BILL TO BE ENTITLED AN ACT TO INCREASE THE MEMBERSHIP OF THE BOARD OF DRAINAGE COMMISSIONERS OF ROBESON COUNTY DRAINAGE DISTRICT NUMBER ONE FROM THREE PERSONS TO FOUR PERSONS AND TO ALLOW TWO OF THEM TO SERVE EACH WATERSHED WITHIN THE DISTRICT.

Senate committee substitute to the 2nd edition makes the following changes. Provides that if a vacancy on the Board of Drainage Commissioners of Robeson County Drainage District Number One occurs because of death, resignation, or otherwise, the remaining members are to discharge the necessary board duties until the vacancy is filled. If the vacancy is in the office of chairman or secretary, the remaining members may elect a secretary and the clerk must appoint one of the remaining members to act as chairman to hold office until the board vacancy is filled.

Intro. by C. Graham, Goodman.Robeson

The Daily Bulletin: 2013-06-25

ACTIONS ON BILLS

Actions on Bills: 2013-06-25

PUBLIC BILLS

H 56: AMEND STATE CONTRACT REVIEW LAWS.

    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 57: CHILD NUTRITION PROGRAM SOLVENCY AND SUPPORT.

    Pres. To Gov. 6/25/2013

H 92: GSC TECHNICAL CORRECTIONS 2013.

    Senate: Withdrawn From Cal
    Senate: Re-ref Com On Rules and Operations of the Senate

H 110: PUBLIC CONTRACTS/PROJECT LABOR.

    Senate: Reptd Fav

H 147: AMEND ADOPTION LAWS.

    Pres. To Gov. 6/25/2013

H 161: MANDATORY RETIREMENT AGE FOR MAGISTRATES.

    Senate: Reptd Fav

H 168: DIVISION OF ATTY'S FEES IN WORKERS' COMP (NEW).

    Senate: Reptd Fav

H 176: CHARTER SCHOOL ELECTION.

    Senate: Reptd Fav

H 192: ALLOW ROW USAGE IN CENTRAL BUSINESS DISTRICTS.

    Senate: Reptd Fav

H 209: DV ORDERS/FINDINGS NOT REQUIRED (NEW).

    Pres. To Gov. 6/25/2013

H 220: DESIGNATE NC FRAGILE X AWARENESS DAY.

    House: Concurred In S Amend SA1
    House: Ordered Enrolled

H 241: BLUE MONDAY SHAD FRY.

    Senate: Reptd Fav

H 243: LIENS/SELF-SERVICE STORAGE FACILITIES.

    Ratified

H 249: SUBSTITUTE TEACHER DEDUCTION/PERSONAL LEAVE.

    Pres. To Gov. 6/25/2013

H 257: UNCLAIMED PROPERTY PROGRAM IMPROVEMENTS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 336: CONTINUING BUDGET AUTHORITY (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    House: Rec From Senate
    House: Rec To Concur S Com Sub
    House: Added to Calendar
    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 340: LIMITED LINES TRAVEL INSURANCE.

    Senate: Reptd Fav

H 343: COURTS/PROCEDURE AND FEE AMENDMENTS.-AB

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 362: DEPT. OF PUBLIC SAFETY CHANGES.-AB

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 371: CHIROPRACTIC ASSISTANT CERTIFICATION/FEE.-AB

    Senate: Reptd Fav

H 391: VOLUNTEER SERVICE IN RETIREMENT.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 402: TRICARE SUPPLEMENT FOR FLEX ACCOUNTS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 467: BREAST DENSITY NOTIFICATION & AWARENESS.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/27/2013

H 474: REDEPOSIT GOVT. FUNDS INTO INS. DEPOSIT ACCT.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Commerce

H 492: SAFEGUARD QUALIFIED INDIVIDUALS-MEDICAID PCS (NEW).

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/27/2013

H 510: FOSTER CARE CHILDREN'S BILL OF RIGHTS.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/27/2013

H 543: GUARDIANSHIP ROLES OF MHDDSA PROVIDERS (NEW).

    Senate: Conf Com Appointed

H 626: NOTIFY LAW ENFORCEMENT OF TOWED VEHICLES (NEW).

    Pres. To Gov. 6/25/2013

H 628: PROTECT/PROMOTE LOCALLY SOURCED BLDG. MTRL'S (NEW).

    Pres. To Gov. 6/25/2013

H 656: FORFEITURE FOR SPEEDING TO ELUDE REVISIONS.

    Ratified

H 695: FAMILY, FAITH, AND FREEDOM PROTECTION ACT (NEW).

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Judiciary I

H 700: OMNIBUS STATE IT GOVERNANCE CHANGES.

    House: Postponed To 06/27/2013

H 743: UI LAWS ADMINISTRATIVE CHANGES.

    House: Concurred On 3rd Reading
    House: Ordered Enrolled

H 754: LEASE PURCHASE OF REAL PROPERTY/COMM. COLL.

    Senate: Reptd Fav As Amended
    Senate: Com Amend Adopted 1

H 784: WORTHLESS CHECK/PRESENT CASHED CHECK.

    Ratified

H 785: COST-SHARING/TRANSPORTATION IMPROVEMENTS.

    Pres. To Gov. 6/25/2013

H 809: GAME NIGHTS/NONPROFIT FUNDRAISERS.

    House: Assigned To Judiciary Subcommittee A

H 816: TOBACCO GROWERS ASSESSMENT ACT (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Finance

H 819: HONOR BOBBY HAROLD BARBEE.

    House: Passed 2nd Reading
    House: Passed 3rd Reading
    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Ordered Enrolled

H 832: EXPAND PHARMACISTS' IMMUNIZING AUTHORITY.

    House: Cal Pursuant 36(b)
    House: Placed On Cal For 06/26/2013

H 834: MODERN STATE HUMAN RESOURCES MANAGEMENT/RTR (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 868: RESID. SCHOOL CHANGES.

    Pres. To Gov. 6/25/2013

H 895: UNC/MAHEC/HONOR REP. MARY NESBITT.

    Senate: Reptd Fav

H 917: ADOPT DUBLIN PEANUT FESTIVAL.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 982: MODIFY MEDICAID SUBROGATION STATUTE.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 1006: UTILITIES COMMISSION CONFIRMATION.

    Senate: Reptd Fav
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Ordered Enrolled

H 1016: HONOR JAMES E. RAMSEY.

    House: Passed 1st Reading
    House: Cal Pursuant 32(a)
    House: Placed On Cal For 07/02/2013

H 1017: HONORING THE GROVE PARK INN'S CENTENNIAL.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

S 18: AMEND LOCKSMITH LICENSE ACT/RAISE FEE CEILING.

    House: Passed 1st Reading
    House: Ref To Com On Finance

S 127: ENERGY/ECONOMIC DEVELOPMENT MODIFICATIONS (NEW).

    House: Withdrawn From Com
    House: Placed On Cal For 06/26/2013

S 132: HEALTH CURRICULUM/PRETERM BIRTH.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 06/26/2013

S 168: CLARIFY EDUCATION REPORTING REQUIREMENTS.

    Senate: Concurred In H/Com Sub
    Senate: Ordered Enrolled

S 205: ELIMINATE UNNECESSARY TESTING/ANIMAL WASTE.

    Senate: Rec To Concur H Com Sub
    Senate: Placed On Cal For 06/26/2013

S 231: MODIFY DUTIES/ADVISORY COUNCIL ON INDIAN EDUC.

    House: Conf Com Appointed

S 248: CHOICE OF HEARING AID SPECIALIST.

    House: Reptd Fav
    House: Re-ref Com On Finance

S 264: ABATE NUISANCES/DRUG SALES FROM STORES.

    Ratified

S 328: SOLID WASTE MANAGEMENT REFORM ACT OF 2013.

    House: Rec From Senate

S 337: NC CHARTER SCHOOL ADVISORY BOARD (NEW).

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Finance

S 353: HEALTH AND SAFETY LAW CHANGES (NEW).

    House: Reptd Fav
    House: Re-ref Com On Judiciary Subcommittee B

S 377: SUSPEND TRUCK INSPECTION/SEVERE WEATHER.

    Ratified

S 407: ELECTRONIC VEHICLE LIEN/TITLE.

    House: Passed 1st Reading
    House: Ref To Com On Finance

S 480: UNC CAPITAL IMPROVEMENT PROJECTS.

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Finance

S 488: AMEND NURSING HOME ADMINISTRATOR ACT/FEES.

    Senate: Reptd Fav

S 493: 2014 REGULATORY REFORM ACT (NEW).

    House: Reptd Fav
    House: Re-ref Com On Regulatory Reform
    House: Reptd Fav
    House: Re-ref Com On Regulatory Reform
    House: Reptd Fav
    House: Re-ref Com On Regulatory Reform

S 568: BIOPTIC LENSES FOR DRIVERS LICENSE TESTS.

    Ratified

S 571: AUTHORIZE VARIOUS SPECIAL PLATES.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Finance

S 613: CREATE MILITARY AFFAIRS COMMISSION.

    Senate: Rec To Concur H Com Sub
    Senate: Placed On Cal For 06/26/2013

S 635: TRANSMISSION LINE OWNERSHIP.

    Senate: Rec To Concur H Com Sub
    Senate: Placed On Cal For 06/26/2013

S 640: NO INCOME TAX WITHHOLDING ON H2A WORKERS.

    Senate: Reptd Fav

S 712: ID CARD FOR HOMEBOUND PERSONS.

    Pres. To Gov. 06/25/2013

Actions on Bills: 2013-06-25

LOCAL BILLS

H 107: EASTERN REGION/DISBURSEMENT OF FUNDS (NEW).

    Senate: Withdrawn From Com
    Senate: Re-ref Com On Finance

H 290: RUTHERFORD AIRPORT AUTHORITY.

    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 294: AUTHORITY TO REMOVE ABANDONED VESSELS.

    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 318: WINSTON-SALEM/SEISMIC CODES.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 334: BUNCOMBE CTY LOTTERY FUND USE EXPANSION (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 347: AMEND GREENSBORO FIRE RETIREMENT/CHARTER (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 404: CAMDEN LOCAL STORMWATER FEES.

    Senate: Reptd Fav

H 409: SHELBY DEANNEXATION.

    Senate: Reptd Fav
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading

H 418: BUNCOMBE CULTURE & REC. AUTHORITY (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 421: MARSHVILLE DEANNEXATION.

    Senate: Withdrawn From Cal
    Senate: Placed on Today's Calendar
    Senate: Passed 3rd Reading
    House: Rec From Senate
    House: Rec To Concur S Com Sub
    House: Ruled Material
    House: Placed On Cal For 06/26/2013

H 441: ROBESON COUNTY DRAINAGE DISTRICT.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted

H 490: LEE COUNTY ELECTIONS.

    Senate: Reptd Fav

H 529: EDGECOMBE COUNTY OCCUPANCY TAX AUTHORIZATION.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Finance

H 544: WILMINGTON CHARTER/CIVIL SERVICE COMMISSION.

    Senate: Reptd Fav

H 551: AMEND WILMINGTON FIREFIGHTERS' RELIEF FUND.

    Senate: Reptd Fav

H 567: LUMBERTON DEANNEXATION.

    Senate: Withdrawn From Cal
    Senate: Placed on Today's Calendar
    Senate: Passed 3rd Reading
    House: Rec From Senate
    House: Rec To Concur S Com Sub
    House: Ruled Material
    House: Placed On Cal For 06/26/2013

S 81: CHARLOTTE DOUGLAS INTERNATIONAL AIRPORT (NEW).

    House: Withdrawn From Com
    House: Re-ref Com On Rules, Calendar, and Operations of the House

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