The Daily Bulletin: 2019-03-25

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The Daily Bulletin: 2019-03-25

PUBLIC/HOUSE BILLS
H 108 (2019-2020) PED/SAFEKEEPER HEALTH CARE COST RECOV. PRACT. Filed Feb 19 2019, AN ACT TO IMPROVE DATA COLLECTION AND COST RECOVERY PRACTICES FOR HEALTH CARE SERVICES FOR SAFEKEEPERS, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION COMMITTEE.

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

Modifies and adds to the proposed changes to GS 162-39 concerning the transfer of county jail prisoners for safety and security. Now, limits a safekeeping order transferring a prisoner to a unit of the State prison system to an initial period not to exceed thirty days (previously proposed fifteen days). Makes conforming changes. Adds that the Division of Adult Correction and Juvenile Justice (Division) must conduct an assessment of treatment and venue needs prior to the conclusion of the thirty-day period (previously, required a sheriff seeking to extend the order beyond the initial period to request the Division to conduct an assessment of treatment and venue needs). Now requires a sheriff seeking to extend the order beyond the initial period to provide the Division's assessment and any other relevant information to the appropriate judge to determine whether to extend the transfer beyond the initial thirty-day period.

Prohibits the Secretary of the Department of Public Safety (DPS) from refusing to accept a safekeeper because the county failed to pay DPS for services rendered pursuant to the statute (previously, prohibited the DPS Secretary from accepting a safekeeper for medical or mental health treatment from a county that has failed to pay DPS for services rendered pursuant to the statute for 120 days or more or if the county does not participate in the Statewide Misdemeanant Confinement Program by receiving misdemeanants for housing). Adds a new requirement for the Department of Revenue to immediately pursue collection from a county of unpaid fees for services rendered pursuant to the statute that have remained unpaid for 120 days or more.

Makes a county liable to the State for an additional per day, per inmate rate not exceeding $20 per day for each day a sheriff fails to assume custody of a county prisoner from a State prison facility after ten days (was, after five days) of receiving notification and request for transfer from DPS pursuant to new GS 149-19.3(a) (in addition to the actual transport and maintenance costs per day, per inmate). Adds a qualification to the proposed liability, excepting instances where the sheriff has obtained an extension of the order because the inmate cannot be safely housed in the local jail.

Amends proposed GS 148-19.3 to now require DPS to determine the appropriateness of submitting a Medicaid application, and to submit an application where appropriate, on behalf of county prisoners housed in the State prison system pursuant to safekeeping orders who receive health care services outside the prison (previously, required DPS to determine Medicaid eligibility for reimbursement of qualifying health care services and ensure proper application submission; did not specify that the county prisoners must receive health care services outside the State prison to have DPS review Medicaid eligibility). Further, now requires health care providers to invoice the Inmate Medical Costs Management Plan through the Sheriffs' Association for services provided to prisoners held under a safekeeping order.

Intro. by Horn, Lucas.GS 148, GS 162
H 121 (2019-2020) EXPUNCTION RELATED TO RTA/NO CONVICTION. Filed Feb 19 2019, AN ACT TO PROVIDE FOR THE EXPUNCTION OF CERTAIN OFFENSES COMMITTED ON OR BEFORE NOVEMBER 30, 2019, FOR OFFENDERS UNDER THE AGE OF EIGHTEEN AT THE TIME OF CONVICTION AND TO MODIFY THE LAW ON EXPUNCTION OF RECORDS WHEN CHARGES ARE DISMISSED OR THERE ARE FINDINGS OF NOT GUILTY.

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

Amends proposed GS 15A-145.8, concerning juvenile petitions for expungement, to require a person to file a petition to start the expunction process and to require a hearing prior to the court ordering expunction (the previous edition no longer required the person to file a petition and no longer required a hearing). Adds a new requirement for the petition to be on a form approved by the Administrative Office of the Courts (AOC), and for the petition to be filed with the clerk of superior court in the county where the person was convicted.

Amends the proposed changes to GS 15A-146, to now allow a court, rather than require a court, to order expunction of records when charges are dismissed or there are findings of not guilty upon the court making the appropriate finding and without objection from the district attorney (previously, did not provide for an objection by the district attorney). Additionally, specifies that the court can order the expunction without a formal hearing.

Adds a directive for AOC to provide forms and instructions for expunction petitions that establish a standardized uniform process for all superior court clerks to follow to have petitions signed by a judge and forwarded to the State Bureau of Investigation. 

Intro. by Stevens, Hurley, Jarvis, Carter.GS 15A
H 130 (2019-2020) ALLOW GAME NIGHTS. Filed Feb 20 2019, AN ACT TO AUTHORIZE NONPROFIT ORGANIZATIONS TO OPERATE "GAME NIGHTS," TO PROVIDE FOR THE REGULATION OF NONPROFIT ORGANIZATIONS HOLDING "GAME NIGHTS," AND TO ALLOW THE CONSUMPTION OF ALCOHOLIC BEVERAGES AT "GAME NIGHTS."

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

Amends proposed GS 14-309.25, now defining exempt organization to mean an organization that has been in continuous existence for at least five years and that is exempt from taxation under section 501(c)(3), (c)(4), (c)(5), or (c)(6) of the US Internal Revenue Code (previously required the organization to have been in continuous existence in the county of operation of the game night for at least five years and be exempt from taxation by the specified laws).

Amends proposed GS 14-309.26, regarding the operation of game nights, to now provide that each regional or county chapter of an exempt organization is eligible to conduct game nights in accordance with new Part 4, as enacted, independently of its parent organization.

Intro. by Boles, Lucas, Saine, Floyd.GS 14, GS 18B
H 263 (2019-2020) FILL VACANCIES/MODIFY 2018 APPOINTMENTS. Filed Mar 4 2019, AN ACT TO APPOINT PERSONS TO VARIOUS PUBLIC OFFICES UPON THE RECOMMENDATION OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND TO MAKE MODIFICATIONS TO APPOINTMENTS MADE IN 2018.

Senate amendment #1 amends the 1st edition by correcting a statutory reference for the changes made in Section 2.2 of the act.

Intro. by Lewis.UNCODIFIED
H 441 (2019-2020) CLEAR ROADBLOCKS TO I-77 TOLL RELIEF. Filed Mar 25 2019, AN ACT TO CLEAR ROADBLOCKS TO I-77 TOLL RELIEF.

Repeals SL 2018-5 Section 34.11 which (1) required reporting on specified information to the specified NCGA commission, committee, and division, at least 60 days before cancellation or modification of the Comprehensive Agreement, or any change in scope for the project covered by the Comprehensive Agreement (meaning the Comprehensive Agreement for the I-77 HOT Lanes project in Mecklenburg and Iredell Counties dated as of June 26, 2014, including any amendments made to the Comprehensive Agreement), (2) specified that if damages or other monetary penalties are determined to be owed by the State from the cancellation or modification of the Comprehensive Agreement, or a change in the scope of project, they must not be paid by funds subject to the requirements of GS Chapter 136, Article 14B (Strategic Prioritization Funding Plan for Transportation Investments) of Chapter 136 of the General Statutes; and (3) made the payment of any damages or other monetary penalties the State owes because of the cancellation or modification of the Comprehensive Agreement, or a change in the scope of the project, subject to appropriation by the General Assembly.

Intro. by Clark, Beasley.UNCODIFIED
H 442 (2019-2020) STATE GOVT. MATERNITY-PATERNITY LEAVE/PED. Filed Mar 25 2019, AN ACT DIRECTING THE PROGRAM EVALUATION DIVISION TO STUDY THE MATERNITY AND PATERNITY LEAVE BENEFITS OF STATE GOVERNMENT EMPLOYEES SUBJECT TO, AND EXEMPT FROM, THE STATE HUMAN RESOURCES ACT.

Requires the Joint Legislative Program Evaluation Oversight Committee to include in the Program Evaluation Division's biennial work plan an evaluation of the maternity and paternity leave benefits currently available to State government employees; specifies topics to be included in the evaluation including best practices, the range of benefits provided by other state governmental employers, and a comparison to relevant trends in the private sector.

Intro. by K. Smith.STUDY
H 443 (2019-2020) NEED-BASED SCHOLAR. FUNDS/MILITARY DEPENDENTS. Filed Mar 25 2019, AN ACT TO MAKE NONRESIDENT DEPENDENTS OF ACTIVE DUTY SERVICE MEMBERS AND VETERANS ELIGIBLE FOR NEED-BASED SCHOLARSHIPS FOR STUDENTS ATTENDING PRIVATE INSTITUTIONS OF HIGHER EDUCATION AND TO APPROPRIATE FUNDS TO THE NORTH CAROLINA STATE EDUCATION ASSISTANCE AUTHORITY TO SUPPORT THOSE SCHOLARSHIPS.

Amends GS 116-281, expanding the eligibility requirements for need-based scholarships for students attending private institutions of higher education to now include students meeting the existing qualifications that are: (1) dependent relatives of a veteran who is abiding in the State while sharing an abode with the veteran and provide the eligible postsecondary institution a letter of intent of the dependent relative to establish North Carolina residency or (2) dependent relatives of an active duty member of the Armed Forces who is abiding in the State incident to active military duty while sharing an abode with the active duty member. Applies beginning with the award of scholarships for the 2020-21 academic year. 

Appropriates $1.5 million for 2020-21 from the General Fund to the UNC Board of Governors to be allocated to the State Education Assistance Authority to support need-based scholarships for dependents of active duty service members and veterans attending private institutions of higher education.

Effective July 1, 2019. 

Intro. by Sauls.APPROP, GS 116
H 444 (2019-2020) MODIFY B.O.B.E. FEES AND RECIPROCITY REQU.S. Filed Mar 25 2019, AN ACT TO DECREASE THE TIME REQUIRED TO OBTAIN LICENSURE BY RECIPROCITY AWARDED FROM THE NORTH CAROLINA STATE BOARD OF BARBER EXAMINERS AND TO MODIFY FEES CHARGED BY THE BOARD.

Amends GS 86A-12 by modifying the criteria to be met before the NC State Board of Barber Examiners (Board) will grant a license to a licensee from out of state by requiring that the individual have practiced in one (was, three) out of the last five years. Makes additional technical changes and makes language gender neutral.

Amends GS 86A-25 by increasing all of the fees charged by the Board except the following: examination fees, fee for the issuance of any duplicate copy of a license, certificate, or permit, fee for the inspection of newly established barber school, fee for the issuance of a registered barber or apprentice certificate by certification, fees charged barbers 70 years and older for certificate or renewal, and charges for certified copies of public documents and duplication services and material.

Effective October 1, 2019, and applies to all fees charged and all applications submitted on or after that date.

Intro. by Setzer.GS 86A
H 446 (2019-2020) CIVIL PRO./PUNITIVE DAMAGES/CHANGE OF VENUE. Filed Mar 25 2019, AN ACT MAKING THE COUNTY WHERE A DEFENDANT RESIDES OR DOES BUSINESS THE VENUE FOR A CIVIL ACTION SEEKING PUNITIVE DAMAGES.

Enacts GS 1-77.1, requiring an action in which punitive damages are in the prayer for relief to be tried in the county where the party from whom punitive damages are sought resides or has its principal office. However, requires the action to be tried in the county where the cause of action arose if (1) punitive damages are sought from more than one party and those parties have different county residences/principal offices or (2) both the plaintiff and defendant are seeking punitive damages. Applies to actions commenced on or after October 1, 2019.

Intro. by Zachary, Strickland, Dixon.GS 1
H 447 (2019-2020) ATTRACTIVE NUISANCES. Filed Mar 25 2019, AN ACT TO DEFINE A POSSESSOR'S LIABILITY FOR BODIES OF WATER ON THE POSSESSOR'S LAND REGARDING CHILD TRESPASSERS.

Amends the instances in which a possessor of land can be subject to liability for physical injury or death to a trespasser set out in GS 38B-3. Concerning harms to trespassing children caused by artificial conditions, provides that the possessor is not subject to liability for a condition that is a body of water on the possessor's land unless the possessor creates or causes to be created a sandy area for swimmers or makes other improvements that would make the body of water attractive to a child trespasser. Defines body of water to includes a pool of water, pond, stream, creek, river, lake, reservoir, or other body of water having a primary use as a wildlife habitat, a wildlife conservation area, a wildlife water source, or an irrigation source for plants or crops, a water supply reservoir for a governmental or private water system, or a watering place for livestock and farm animals. Applies to injuries occurring on or after October 1, 2019.

Intro. by Zachary, Dixon.GS 38B
H 448 (2019-2020) PLANNING/DEVELOPMENT CHANGES. Filed Mar 25 2019, AN ACT TO REORGANIZE, CONSOLIDATE, MODERNIZE, AND CLARIFY STATUTES REGARDING LOCAL PLANNING AND DEVELOPMENT REGULATION.

To be summarized.

Intro. by Stevens, Zachary.
H 449 (2019-2020) HANDICAPPED & SPECIAL REGISTRATION PLATES (NEW). Filed Mar 25 2019, AN ACT TO AUTHORIZE THE ISSUANCE OF HANDICAPPED LICENSE PLATES TO A REGISTERED VEHICLE OWNER THAT IS THE GUARDIAN OR PARENT OF A HANDICAPPED PERSON AND TO AUTHORIZE THE DIVISION OF MOTOR VEHICLES TO PRODUCE VARIOUS SPECIAL REGISTRATION PLATES.

Enacts new subdivisions to GS 20-79.4(b) to produce special registration plates for ALS Research, A Pet Is Family, Keeping The Lights On, and Wrightsville Beach. Adds the Keeping The Lights On plate to those that do not have to be a "First in Flight" plate, "First in Freedom" plate, or "National/State Mottos" plate under GS 20-63. Plate issuance is contingent on the receipt of at least 300 plate applications, and 500 plate applications for the Keeping The Lights On plate, under GS 20-79.3A.

Establishes a special plate fee of $30 for the ALS Research plate and requires that $20 of that amount be transferred quarterly to the ALS Association of North Carolina Chapter to support ALS research. 

Establishes a special plate fee of $30 for the Keeping The Lights On plate and requires that $20 of that amount be transferred quarterly to the UNC Jaycee Burn Center. 

Establishes a special plate fee of $15 for the A Pet Is Family plate and requires that $5 of that amount be transferred quarterly to the Sergei Foundation Inc. to further its mission as specified. 

Establishes a special plate fee of $20 for the Wrightsville Beach plate and requires that $10 of that amount be transferred quarterly to the Town of Wrightsville Beach to help fund the continuing efforts to maintain and improve recreational opportunities for residents and visitors. 

Intro. by Iler, Torbett.GS 20

The Daily Bulletin: 2019-03-25

PUBLIC/SENATE BILLS
S 347 (2019-2020) JUDICIAL DISTRICT 19D - HOKE COUNTY. Filed Mar 25 2019, AN ACT TO ESTABLISH A RESIDENCY REQUIREMENT FOR ONE DISTRICT COURT JUDGE POSITION FOR HOKE COUNTY.

Amends GS 7A-133 by requiring that one of the four district court judges in district 19D (consisting of Hoke and Moore counties) be a resident of Hoke County while allowing the other three to be residents of either Hoke or Moore counties. Effective January 1, 2023, and requires elections held in 2022 to be conducted accordingly.

Intro. by Clark.GS 7A
S 348 (2019-2020) CLEAR ROADBLOCKS TO I-77 TOLL RELIEF. Filed Mar 25 2019, AN ACT TO CLEAR ROADBLOCKS TO I-77 TOLL RELIEF.

Identical to H 441, filed 3/25/19.

Repeals SL 2018-5 Section 34.11 which (1) required reporting on specified information to the specified NCGA commission, committee, and division, at least 60 days before cancellation or modification of the Comprehensive Agreement, or any change in scope for the project covered by the Comprehensive Agreement (meaning the Comprehensive Agreement for the I-77 HOT Lanes project in Mecklenburg and Iredell Counties dated as of June 26, 2014, including any amendments made to the Comprehensive Agreement), (2) specified that if damages or other monetary penalties are determined to be owed by the State from the cancellation or modification of the Comprehensive Agreement, or a change in the scope of project, they must not be paid by funds subject to the requirements of GS Chapter 136, Article 14B (Strategic Prioritization Funding Plan for Transportation Investments) of Chapter 136 of the General Statutes; and (3) made the payment of any damages or other monetary penalties the State owes because of the cancellation or modification of the Comprehensive Agreement, or a change in the scope of the project, subject to appropriation by the General Assembly.

Intro. by Marcus, Mohammed, J. Jackson.UNCODIFIED
S 349 (2019-2020) PROTECT BENEFITS FOR FIREFIGHTERS ACT. Filed Mar 25 2019, AN ACT TO PROTECT BENEFITS FOR FIREFIGHTERS.

Current law, GS 105-228.5, imposes a tax on gross premiums of taxable contracts issued by insurers at a rate of 1.9% or 2.5%, depending on whether the contracts apply to liabilities under the Workers' Compensation Act.

Amends GS 105-228.5(d)(3) to now provide for an additional tax on insurers of 1.125% (was 0.74%) on gross premiums on insurance contracts for property coverage, imposing the tax on 10% of gross premiums from insurance contracts for automobile physical damage coverage and all gross premiums from all other contracts for property coverage. Modifies the allocation of net proceeds from the tax, now providing for 19% (was 20%) to be credited to the Volunteer Fire Department Fund, 16% (was 20%) to be credited to the Department of Insurance for disbursement pursuant to GS 58-84-25 (disbursement of tax proceeds to local firefighters' relief funds), up to 13% (was up to 20%) to be credited to the Workers' Compensation Fund, and the remaining to be credited to the General Fund. Effective July 1, 2019.

Intro. by Tillman.GS 105
S 350 (2019-2020) EQUAL FUNDING FOR ALL STUDENTS/HACKNEY. Filed Mar 25 2019, AN ACT TO REPEAL THE HACKNEY AMENDMENT TO CHARTER SCHOOL FUNDING.

Amends GS 115C-426 concerning the budget format to be used by local school administrative units. Provides that the uniform budget format allows other funds (other than the State Public School Fund, local current expense fund, and capital outlay fund) to be used to account for trust funds, federal grants restricted as to use, and special programs. Deletes the provision that allowed other funds to be used to account for reimbursements, including indirect costs, fees for actual costs, tuition, sales tax revenues distributed using the ad valorem method, sales tax refunds, gifts and grants restricted as to use, trust funds, federal appropriations made directly to local school administrative units, municipal appropriations made directly to local school administrative units, and funds received for prekindergarten programs. Also deletes the provision specifying that the appropriation or use of fund balance or interest income by a local school administrative unit must not be construed as a local current expense appropriation included as a part of the local current expense fund.

Intro. by Tillman.GS 115C
S 351 (2019-2020) RAISE OUT-OF-STATE/LOWER IN-STATE UNC TUITION. Filed Mar 25 2019, AN ACT TO INCREASE NONRESIDENT TUITION AT CERTAIN CONSTITUENT INSTITUTIONS OF THE UNIVERSITY OF NORTH CAROLINA AND TO DECREASE RESIDENT TUITION AT THOSE SAME INSTITUTIONS USING ADDITIONAL NONRESIDENT TUITION RECEIPTS.

Amends GS 116-144, regarding higher tuition rates for nonresidents attending constituent institutions of the UNC System. Requires the nonresident tuition rate for enrollment at undergraduate programs at NC State University and UNC-Chapel Hill for the 2019-20 academic year to be at least $5,000 more than the tuition charged for nonresidents enrolled at those institutions for the 2018-19 academic year. Subsequently, requires the Board of Governors to fix nonresident tuition for undergraduate programs at NC State University and UNC-Chapel Hill at a rate greater than or equal to the amount of tuition charged for the 2019-20 academic year. Makes conforming, clarifying, and organizational changes. 

Requires the additional tuition receipts generated from the tuition increase under the act to be used by the Board of Governors to decrease the tuition charged for in-State students enrolled at NC State University and UNC-Chapel Hill beginning with the 2019-20 academic year and subsequent academic years thereafter. Prohibits additional tuition receipts generated in accordance with the act from being used to offset appropriations from the General Fund to the institutions, beginning with the 2019-20 fiscal year. 

Applies to academic periods beginning on or after July 1, 2019.

Intro. by McInnis.GS 116
S 352 (2019-2020) AMEND NC CONTROLLED SUBSTANCES ACT. Filed Mar 25 2019, AN ACT REVISING THE NORTH CAROLINA CONTROLLED SUBSTANCES ACT.

Makes the following changes to the Controlled Substances Act, Article 5, GS Chapter 90.

Amends GS 90-87 to define isomer to mean the optical isomer, unless otherwise specified (was any type of isomer, including structural, geometric, or optical isomers, and stereoisomers). Modifies narcotic drug to specify that the term includes cocaine and any isomer whether optical or geometric.

Amends GS 90-89, modifying and adding to the Schedule I controlled substances. Adds to the Schedule I opiates Isopropyl-U-47700, U-51754, and U-48800, as specified. Also specifies that the isomers of levophenacyclmorphan, included as a Schedule I opiate, includes optical and geometric isomers. Qualifies the fentanyl derivatives included in the Schedule to include any compound as previously described unless specifically excepted, listed in another schedule, or contained within a pharmaceutical product approved by the US FDA. Provides that the opium derivatives included in the Schedule include the derivatives' optical, positional, or geometric isomer. Provides that the hallucinogenic substances included in the Schedule include the substances' optical, positional, or geometric isomers. Adds substituted tryptamines and substituted phenylcyclohexylamines, as defined, to the hallucinogenic substances included in the Schedule. Adds designer benzodiazepines, as defined, to the systemic depressants included in the Schedule. Specifies that the isomers of mephedrone, MDPV, and substituted cathinones, all included as a Schedule I stimulant, include optical, positional, or geometric isomers. Specifies that the isomers of NBOMe compounds, a Schedule I controlled substance, include optical, positional, or geometric isomers. Adds substituted phenethylamines and N-Benzyl Phenethylamines, as defined, to Schedule I controlled substances.

Amends GS 90-90(1), concerning Schedule II controlled substances, specifying that cocaine includes any isomer chemically equivalent or identical whether optical or geometric. 

Amends GS 90-91(j), concerning Schedule III controlled substances, specifying that the identified Schedule III substances include any isomer of the substance, whether optical, positional or geometric. 

Amends GS 90-92, concerning Schedule IV controlled substances, to include desalkylflurazepam and diclazepam to the Schedule IV depressants. Specifies that the isomers of fenfluramine include optical, positional, or geometric isomers.

Amends GS 90-95(h)(3), to include the distinction of optical or geometric isomers of cocaine in the felony offense of trafficking cocaine.

Applies to offenses committed on or after December 1, 2019.

Intro. by McInnis, J. Davis.GS 90
S 353 (2019-2020) EXPAND CARTWAY PATH/SEPTIC TANK LAWS. (NEW) Filed Mar 25 2019, AN ACT TO ALLOW FOR THE LAYING OFF OF A CARTWAY OF UP TO THIRTY FEET AND TO CLARIFY CERTAIN SEPTIC TANK SETBACKS.

Amends GS 136-69, which allows for a special proceeding for the laying of a cartway, tramway, or railway in instances where there is no public road or adequate means of transportation to get to land where timber is being cut and removed, there is a quarry or mine, or there is an industrial or manufacturing plant or cemetery. Adds that a cartway, tramway, or railway may be wider than the current limit of 18 feet in width, but no more than 30 feet in width, if a jury of view determines that it is necessary or there is good cause. Applies to special proceedings filed on or after the date the act becomes law.

Intro. by McInnis, Gunn, Wells.GS 136
S 354 (2019-2020) STRENGTHENING EDUCATORS' PAY ACT. (NEW) Filed Mar 25 2019, AN ACT, CONSISTENT WITH HOUSE BILL 966 OF THE 2019 REGULAR SESSION, TO APPROPRIATE FUNDS FOR LEGISLATIVELY MANDATED COMPENSATION INCREASES FOR CERTAIN PUBLIC SCHOOL PERSONNEL AND, CONTINGENT UPON THE PASSAGE OF HOUSE BILL 966 OF THE 2019 REGULAR SESSION, TO APPROPRIATE FUNDS FOR LEGISLATIVELY MANDATED COMPENSATION INCREASES FOR CERTAIN EDUCATIONAL EMPLOYEES AND INCREASED FUNDING FOR TUITION GRANTS FOR GRADUATES OF THE NORTH CAROLINA SCHOOL OF SCIENCE AND MATHEMATICS. APPROPRIATE FUNDS FOR LEGISLATIVELY MANDATED COMPENSATION INCREASES FOR CERTAIN EDUCATIONAL EMPLOYEES AND INCREASED FUNDING FOR TUITION GRANTS FOR GRADUATES OF THE NORTH CAROLINA SCHOOL OF SCIENCE AND MATHEMATICS.

Amends GS 115C-218, which sets forth the purpose of charter schools and establishes the NC Charter Schools Advisory Board and the NC Office of Charter Schools. Adds new subsection (a1) to define the terms impact statement, notice, parent, and significant restructuring, as the terms are used in Article 14A.

Enacts GS 115C-218.98, requiring that fair and timely notice be provided to parents of students at a charter school in the event of a proposal to involuntarily or voluntarily dissolve or significantly restructure the charter school. Defines significant restructuring to mean any action that requires the charter school to change the curriculum, enrollment, grade, or programs offered; leadership; governing board composition; employment of more than one-third of its teaching staff, or contractors for educational services. Requires a Student and Family Impact Statement to be prepared by the State Board of Education or the charter school intending to take the action in accordance with GS 115C-218.99, enacted by this act.

Requires a charter school to provide notice to parents of all impacted students within 10 days of receiving any communication from the State Board of Education initiating a process that could lead to the dissolution, termination, revocation, nonrenewal, or significant restructuring as a condition of continued operation. Requires the notice to include a copy of the communication received from the State Board, any reasons or data used to support the communication, and provide detailed information on the subsequent process, including statutory requirements, related to operation of the charter school.

Requires a charter school to provide notice to parents of all impacted students within 10 days of the board of directors' resolution to dissolve and surrender its charter or amend the charter to significantly restructure the school. Requires the notice to include reasons for the decision to dissolve and surrender the charter or significantly restructure and provide detailed information on the subsequent process, including statutory requirements, related to the operation of the charter school.

Enacts GS 115C-218.99, requiring the State Board or the charter school to prepare a Student and Family Impact Statement (Impact Statement) within 60 days of providing notice to parents in accordance with GS 115C-218.98 (1) if the State Board has commenced an action against the charter school to involuntarily dissolve or significantly restructure the charter school (in which case the State Board prepares the Impact Statement) or (2) if the charter school intends to dissolve and surrender its charter or amend the charter to significantly restructure the charter school (in which case the charter school prepares the Impact Statement). Directs the Impact Statement be prepared after a mandatory survey of the parents of all students enrolled in the charter school. Requires the survey to be conducted in a manner that maximizes parental participation. Requires the study to seek the input of the parents on all issues that the Impact Statement must address pursuant to subsection (b) of the statute. Directs the State Board to cooperate with the board of directors of the charter school when the State Board is preparing the Impact Statement.

Requires the Impact Statement to concisely describe and analyze the proposed action that has been noticed that may have a significant impact on students and families. Requires the Impact Statement to be made available to the public for information and comment. Details eleven informational components that must be included in the Impact Statement, at minimum, including: (1) a description of the proposed action, including the charter school's needs and benefits related to the action; (2) if the charter school were to close, a full review of the public school that each student will be assigned to; and (3) identification of ways to reduce or avoid an adverse impact on students and families, with the analysis including a separate section on the impact on students with disabilities. 

Requires a notice and a copy or readily available access to a copy of the Impact Statement to be provided to the parents of all impacted students. Provides that within 60 days after providing notice of the completed Impact Statement, but no sooner than within 15 days of the delivery of the notice, the State Board or the charter school, as applicable, is required to hold a public hearing where the specified interested parties must be allowed to present testimony on the findings of the Impact Statement, as well as expert testimony. Requires that, when the State Board prepared the Impact Statement, the board of directors of the charter school must be allowed to present for consideration a student and school improvement plan in place of the proposed action by the State Board.

Prohibits, until at least 30 days after the public hearing, except in the presence of imminent health or safety issues, the State Board from taking final action to dissolve, terminate, revoke, nonrenew, or significantly restructure a charter school, and the charter school from dissolving and surrendering its charter or amend its charter to significantly restructure.

Applies to actions commenced to involuntarily or voluntarily dissolve or significantly restructure a charter school on or after the date the act becomes law.

Intro. by Ballard, Edwards, Harrington.GS 115C

The Daily Bulletin: 2019-03-25

LOCAL/HOUSE BILLS
H 445 (2019-2020) SPECIAL SEP. ALLOWANCE/ALAMANCE CTY DOS. Filed Mar 25 2019, AN ACT TO ALLOW ALAMANCE COUNTY DETENTION OFFICERS TO RECEIVE A SPECIAL SEPARATION ALLOWANCE.

Enacts new GS 143-166.44, applicable to Alamance County only.

Gives qualifying county detention officers (as defined in the new statute) an annual separation allowance equal to 0.85% of the annual equivalent of the base rate of compensation most recently applicable to the county detention officer for each year of creditable service, beginning in the month in which the county detention officer retires on a basic service retirement. Requires the following qualifications to be met in order to qualify for the allowance: (1) the county detention officers has either completed 30 or more years of creditable service or attained 55 years of age and completed 15 or more years of creditable service; (2) the county detention officer is less than 62 years of age; (3) the county detention officer has completed at least 15 consecutive years of active service with the county providing the separation allowance as a full-time county detention officer immediately preceding retirement. Sets out events upon which the payments cease. Requires the Board of County Commissioners to determine the eligibility of county detention officers in that county for the benefits provided. Requires the county to make the payments to eligible county detention officers determined to be eligible from funds available.

Expires June 30, 2022.

Intro. by Riddell, Ross.Alamance

The Daily Bulletin: 2019-03-25

ACTIONS ON BILLS

Actions on Bills: 2019-03-25

PUBLIC BILLS

H 79: ACADEMIC ALIGNMENT/BOARDS OF EDUCATION & CC.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/27/2019

H 108: PED/SAFEKEEPER HEALTH CARE COST RECOV. PRACT.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/27/2019

H 121: EXPUNCTION RELATED TO RTA/NO CONVICTION.

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/27/2019

H 130: ALLOW GAME NIGHTS.

    House: Reptd Fav Com Sub 3
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/27/2019

H 147: CONFIRM RAYMOND GRACE/BANKING COMMISSIONER.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/27/2019

H 200: 2019 STORM RECOVERY/VAR. BUDGET CORRECTIONS. (NEW)

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/27/2019
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/27/2019
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/27/2019

H 206: VARIOUS TRANSPORTATION CHANGES. (NEW)

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/27/2019
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/27/2019

H 257: MOTORCYCLES/FACE MASKS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/27/2019

H 263: FILL VACANCIES/MODIFY 2018 APPOINTMENTS.

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

H 266: SCHOOL ANNUAL REPORT CARD.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/27/2019

H 291: CONTINUE SOC. SERVICE REGNL SUPERVSN WORK GRP.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/27/2019

H 295: PROHIBIT CORPORAL PUNISHMENT IN PUBLIC SCHS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/27/2019

H 297: PSYCHOLOGY INTERJDTL. COMPACT (PSYPACT).

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/27/2019

H 301: CIP REVISIONS/JUVENILE CODE.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/27/2019

H 307: MOD. UTILITY VEHICLE CLASSIFICATION. (NEW)

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/27/2019
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/27/2019

H 354: MODIFY WEIGHTING/SCHOOL PERFORMANCE GRADES.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/27/2019

H 362: 15-POINT SCALE FOR SCHOOL PERFORMANCE GRADES.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/27/2019

H 418: CREATE NC GOLF COUNCIL.

    House: Passed 1st Reading
    House: Ref to the Com on Commerce, if favorable, Appropriations, Capital, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 419: SAVE NC CALL CENTER JOBS ACT.

    House: Passed 1st Reading
    House: Ref to the Com on Commerce, if favorable, Rules, Calendar, and Operations of the House

H 421: PROMOTE NORTH CAROLINA SAWMILLS.

    House: Passed 1st Reading
    House: Ref to the Com on Agriculture, if favorable, Rules, Calendar, and Operations of the House

H 422: HEALTHY FAMILIES & WORKPLACES/PAID SICK DAYS.

    House: Passed 1st Reading
    House: Ref to the Com on Health, if favorable, Regulatory Reform, if favorable, Rules, Calendar, and Operations of the House

H 423: CAREGIVER RELIEF ACT.

    House: Passed 1st Reading
    House: Ref to the Com on Aging, if favorable, Regulatory Reform, if favorable, Rules, Calendar, and Operations of the House

H 424: FUNDS FOR RECOGNITION OF NC TRIBES.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, General Government, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 425: IMPLEMENT CONNER'S LAW. (NEW)

    House: Passed 1st Reading
    House: Ref to the Com on Judiciary, if favorable, Rules, Calendar, and Operations of the House
    House: Passed 1st Reading
    House: Ref to the Com on Judiciary, if favorable, Rules, Calendar, and Operations of the House

H 426: EDUCATORS' PAY INCREASES/RETIREE SUPPLEMENTS. (NEW)

    House: Passed 1st Reading
    House: Ref to the Com on Judiciary, if favorable, Appropriations, Justice and Public Safety, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House
    House: Passed 1st Reading
    House: Ref to the Com on Judiciary, if favorable, Appropriations, Justice and Public Safety, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 427: ADD'L DISTRICT COURT JUDGE DISTRICT 18.

    House: Passed 1st Reading
    House: Ref to the Com on Judiciary, if favorable, Appropriations, Justice and Public Safety, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 428: K-3 READING AND LITERACY IMPROVEMENT ACT.

    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Appropriations, Education, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 430: SCHOOL ETHICS TRAINING &AMP FINANCE OFFICERS.

    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Rules, Calendar, and Operations of the House

H 431: FIBER NC ACT.

    House: Passed 1st Reading
    House: Ref to the Com on Energy and Public Utilities, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House

H 432: WATER/SEWER TO CONTIGUOUS DWELLING UNITS.

    House: Passed 1st Reading
    House: Ref to the Com on Energy and Public Utilities, if favorable, Rules, Calendar, and Operations of the House

H 433: ECONOMICS &AMP FINANCIAL LITERACY ACT.

    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Appropriations, Education, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 434: SUICIDE RISK REF./MENTAL HEALTH/TEEN VIOLENCE.

    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Health, if favorable, Rules, Calendar, and Operations of the House

H 437: EDUCATION ON THE HOLOCAUST AND GENOCIDE.

    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Rules, Calendar, and Operations of the House

H 438: CAMPUS POLICE/PRIVATE IHE/CC WAIVER.

    House: Passed 1st Reading
    House: Ref to the Com on Education - Community Colleges, if favorable, Education - Universities, if favorable, Appropriations, Education, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 439: REDUCE TASC CASELOADS/FUNDS.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, Health and Human Services, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 440: STUDY/REGIONAL BEHAVIORAL HEALTH CENTER.

    House: Passed 1st Reading
    House: Ref to the Com on Health, if favorable, Appropriations, Health and Human Services, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 441: CLEAR ROADBLOCKS TO I-77 TOLL RELIEF.

    House: Filed

H 442: STATE GOVT. MATERNITY-PATERNITY LEAVE/PED.

    House: Filed

H 443: NEED-BASED SCHOLAR. FUNDS/MILITARY DEPENDENTS.

    House: Filed

H 444: MODIFY B.O.B.E. FEES AND RECIPROCITY REQU.S.

    House: Filed

H 446: CIVIL PRO./PUNITIVE DAMAGES/CHANGE OF VENUE.

    House: Filed

H 447: ATTRACTIVE NUISANCES.

    House: Filed

H 448: PLANNING/DEVELOPMENT CHANGES.

    House: Filed

H 449: HANDICAPPED & SPECIAL REGISTRATION PLATES (NEW).

    House: Filed
    House: Filed

S 9: FEMALE GENITAL MUTILATION/CLARIFY PROHIBITION.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 95: VETERANS MEMORIAL FUNDS/DO NOT REVERT.

    Senate: Withdrawn From Com
    Senate: Re-ref to Appropriations/Base Budget. If fav, re-ref to Rules and Operations of the Senate

S 156: SUPERSEDING ORDERS/DOMESTIC VIOLENCE/ALE. (NEW)

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 03/26/2019
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 03/26/2019
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 03/26/2019

S 162: LOAN ORIGINATION/LATE PAYMENT CHARGE CHANGES.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/27/2019

S 202: MODIFY PROTECTIVE SERVICES LAW/ALE. (NEW)

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 03/26/2019
    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 03/26/2019

S 328: INCREASE RQMTS. FOR SMALL STRUCTURAL FILLS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 329: K-3 READING AND LITERACY IMPROVEMENT ACT.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 330: STATE PROP.- UTILIZE LICENSED LAND SURVEYORS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 331: REACT VEHICLES/REG. PLATE/LIGHTS &AMP SIRENS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 332: CIVIL PROCEDURE/LIMITATIONS/LAND SURVEYORS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 333: SUDDEN CARDIAC ARREST TASK FORCE.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 334: MARTIN COUNTY EMERGENCY FACILITIES FUNDS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 335: UNIVERSITY STUDENT-ATHLETE PROTECTION COMM.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 336: SMART START FUNDS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 337: RETHINKING GUARDIANSHIP.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 338: EFFICIENT AND AFFORDABLE ENERGY RATES.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 339: "WE THE PEOPLE" ACT/REFERENDUM.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 340: NC SKILLS-GAP STUDY.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 341: GOVERNMENT IMMIGRATION COMPLIANCE.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 342: NC MILITARY BUSINESS CENTER FUNDS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 343: VARIOUS EDUCATION LAW CHANGES. (NEW)

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 344: ALLOW COMMON AREA ENTERTAINMENT ABC PERMIT.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 345: ADOPT STATE NICKNAME.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 346: NONPROFIT SALES TAX EXEMPTION.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 347: JUDICIAL DISTRICT 19D - HOKE COUNTY.

    Senate: Filed

S 348: CLEAR ROADBLOCKS TO I-77 TOLL RELIEF.

    Senate: Filed

S 349: PROTECT BENEFITS FOR FIREFIGHTERS ACT.

    Senate: Filed

S 350: EQUAL FUNDING FOR ALL STUDENTS/HACKNEY.

    Senate: Filed

S 351: RAISE OUT-OF-STATE/LOWER IN-STATE UNC TUITION.

    Senate: Filed

S 352: AMEND NC CONTROLLED SUBSTANCES ACT.

    Senate: Filed

S 353: EXPAND CARTWAY PATH/SEPTIC TANK LAWS. (NEW)

    Senate: Filed
    Senate: Filed

S 354: STRENGTHENING EDUCATORS' PAY ACT. (NEW)

    Senate: Filed
    Senate: Filed
    Senate: Filed

Actions on Bills: 2019-03-25

LOCAL BILLS

H 420: BOARD VACANCIES/CITY OF WINSTON-SALEM.

    House: Passed 1st Reading
    House: Ref to the Com on State and Local Government, if favorable, Rules, Calendar, and Operations of the House

H 429: NAVIGABLE WATERS/MANTEO/HYDE (NEW)

    House: Passed 1st Reading
    House: Ref to the Com on Agriculture, if favorable, Rules, Calendar, and Operations of the House
    House: Passed 1st Reading
    House: Ref to the Com on Agriculture, if favorable, Rules, Calendar, and Operations of the House

H 435: PUBLIC MEETING/SIMULTANEOUS COMMUNICATION/W-S.

    House: Passed 1st Reading
    House: Ref to the Com on State and Local Government, if favorable, Rules, Calendar, and Operations of the House

H 436: EXPAND LOCAL OPTION SALES TAX FOR EDUCATION.

    House: Passed 1st Reading
    House: Ref to the Com on State and Local Government, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House

H 445: SPECIAL SEP. ALLOWANCE/ALAMANCE CTY DOS.

    House: Filed

S 63: CITY OF KANNAPOLIS/ANNEXATION.

    House: Withdrawn From Com
    House: Re-ref to the Com on State and Local Government, if favorable, Rules, Calendar, and Operations of the House

S 84: WALKERTOWN ZONING AUTHORIZATIONS.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 272: ZONING FOR UNIVERSITY FACILITIES-DURHAM.

    Senate: Special Message Sent To House
    House: Special Message Received From Senate
    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

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