Amends GS 115C-270.20(a) (teacher licensure requirements) to add new subsection (4a) creating a one-year nonrenewable provisional license for teachers from other states in good standing.  Restricts the request for a provisional license to local boards of education. Allows a teacher holding a provisional license to begin the application process for a continuing professional license as an out-of-state applicant.

Amends GS 115C-270.25 (out-of-state license applicants) by adding description to initial applications as ones for a continuing professional license.  

Amends GS 115C-302.1 to add new subsection (b3) authorizing local boards of education to determine experience credit for purposes of paying teachers with a provisional license in accord with the state salary schedule.  Exempts local boards of education and the teacher from having to repay an overpayment that was made due to misapplication of experience credit where the credit was determined in good faith. 

Amends GS 93B-15.1(i) to authorize local boards of education to request a one-year provisional license for a military spouse who holds a current teaching license in another jurisdiction.

Applies to applications for teacher licensure submitted on or after date law becomes effective.

Part I.

Repeals GS 135-18.10A(b) (concerning the Teachers and State Employees' Retirement System/TSERS), GS 128-38.4A(b) (concerning the Local Government Employees' Retirement System/LGERS), GS 135-75.1A(b) (concerning the Consolidated Judicial Retirement System/CJRS), and GS 120-4.33A(b) (concerning the Legislative Retirement System/LRS), regarding forfeiture of retirement benefits upon certain felony convictions while a member of their respective System in service.

Enacts GS 127A-40.1, ceasing eligibility of a member of the National Guard to receive a monthly pension under Article 3 upon forfeiture of any retirement benefits under the following specified statutory provisions regarding forfeiture under TSERS, LGERS, CJRS, and LRS: GS 120-4.33, GS 120-4.33A, GS 128-38.4, GS 128-38.4A, GS 135-18.10, GS 135-18.10A, GS 135-75.1, GS 135-75.1A, or GS 135-75.1C. Also clarifies that monthly pension payments under the Article must cease upon ineligibility of a member under the statute.

Similarly, amends GS 135-103, adding a new subsection to cease eligibility of a participant or beneficiary of the Disability Income Plan to receive a monthly pension under Article 3 upon forfeiture of any retirement benefits under the following specified statutory provisions: GS 120-4.33, GS 120-4.33A, GS 128-38.4, GS 128-38.4A, GS 135-18.10, GS 135-18.10A, GS 135-75.1, GS 135-75.1A, or GS 135-75.1C. Enacts GS 135-115 to establish that monthly benefits payable under Article 6 must cease upon ineligibility of a participant or beneficiary under GS 135-103(c), as enacted.

Part II.

Enacts the following identical provisions: GS 135-18.10(e) and GS 135-18.10A(d) (concerning TSERS); GS 128-38.4(e) and GS 128-38.4A(d) (concerning LGERS); GS 135-75.1(e) and GS 135-75.1A(d) (concerning CJRS); and GS 120-4.33(e) and GS 120-4.33(d) (concerning LRS). Provides that on or after October 1, 2019, the Board of Trustees of the respective System must suspend monthly retirement benefit payments or allowances, as specified, upon notification or discovery of the indictment of a member for a felony offense that would require forfeiture of benefits if convicted. Provides that if the member is not convicted, the Board of Trustees must restore the monthly retirement benefits or allowances and pay a lump sum equal to the amount of monthly retirement benefits and allowances that would have been paid from the System if not for the suspension, plus interest.

Part III.

Enacts GS 135-75.1C, prohibiting the CJRS Board of Trustees from paying any retirement benefits or allowances to any justice or judge who is convicted on impeachment under Article IV of the constitution or GS Chapter 123, or is removed from office for reasons other than physical or mental incapacity under GS 7A-376(b). Allows for a return of the member's contributions plus interest. Provides that the member is not entitled to any creditable service accrued after January 1, 2020, if the member has vested in the System on or before January 1, 2020. Provides for a reversal of benefit forfeiture and restoration of the benefits upon a conviction on impeachment or removal from office being vacated or set aside. Provides for repayment of accumulated member contributions, at an interest rate of 6.5%, as specified.

Makes conforming changes to expand GS 135-75.1B to include members whose retirement benefits are forfeited under any provision under Article 4 in the prohibition against later purchasing or repurchasing either the forfeited benefits or any creditable membership service associated with those benefits.

Makes conforming changes to GS 7A-376, providing for a judge removed under subsection (b) to receive member contributions plus interest as provided in new GS 135-75.1C.

Directs the General Assembly and the Supreme Court to notify the State Treasurer and the CJRS Board of Trustees of the conviction on impeachment or removal from office of a justice or judge.

Applies to offenses committed on or after January 1, 2020.

Part IV.

Enacts GS 147-86.3, granting the Department of the State Treasurer (Department) or authorizing representatives assisting the Department's staff broad authority and access to examine and inspect persons, records, property, equipment, and facilities in the course of conducting a compliance investigation or fraud investigation. Details the authority and access granted, with procedure on requesting records and certain restrictions on confidential records. Requires providers of social and medical services to a beneficiary of a program administered by the Department to make copies of the records provided to the beneficiary available to the Department to permit verification of the health or other status of the beneficiary required for the payment of benefits. Requires the Department to maintain for 10 years a complete file of all compliance investigative reports, fraud, investigative reports and reports of other examinations, investigations, surveys, and reviews issued under the State Treasurer's authority. Provides for retention of fraud and compliance investigation work papers and other evidence, as specified, under agreement with State Archives, and permits inspection by duly authorized representatives of the State or federal government for a matter officially before them; otherwise provides for confidentiality except upon order of Wake County Superior Court, upon 10 days' notice and hearing, finding access necessary to a proper administration of justice. Provides the identity of any person reporting fraud, waste, and abuse to the Department to be kept confidential and not be maintained as public record.

Makes the following changes to the NC Teaching Fellows Program (Program), Part 3, Article 23, GS Chapter 116.

Amends GS 116-209.62, expanding the purpose of the Program to now be to recruit, prepare, and support students residing in or attending higher education institutions in the State for preparation as highly effective teachers in the State's public schools, rather than specifically targeting STEM or special education teachers. Makes conforming changes throughout Part 3 to remove references limiting the provisions' application to STEM or special education teachers. 

Adds to the measures the Teaching Fellows Commission must include in adopting standards for awarding forgivable loans under the Program to now include commitment to attend a community college to earn credits to transfer to an educator preparation program (EPP) for completion of a program leading to initial teacher licensure.

Expands the Program to include all community colleges and constituent institutions of the UNC-System with approved EPPs (previously limited to five postsecondary constituent institutions of the UNCSystem). Permits the Commission to also select private postsecondary institutions operating in the state which meet the previously specified standards for selection of the most effective EPPs (previously, selection of private institutions were included in the total cap of five; standards were previously set forth for the Commission to adopt to use in its selection process). Makes conforming changes to the provisions regarding awards of forgivable loans. Adds a new limitation for high school seniors and transfer students, restricting awards of forgivable loans to the first four semesters for high school seniors, and the first two semesters for transfer students, to attend community college to earn credits that will transfer to an EPP at an institution of higher learning for completion of the program leading to initial licensure for the remaining four semesters. 

Adds the State Board of Community Colleges to the institutions required to coordinate with the Commission to complete the annual reporting requirements. Modifies the information required to be in the report concerning forgivable loans awarded, to include in the breakdown of the number of recipients by institution how many recipients used forgivable loans to attend a community college to earn credit to be transferred to an EPP.

Makes further technical changes.

Effective July 1, 2019, and applies to the award of forgivable loans to a new cohort beginning with the 2020-21 academic year.

Identical to H 393, filed 3/19/19.

Expands the definition of caretakerset out in GS 7B-101, as the term applies to the Juvenile Code, GS Chapter 7B, to specify that an adult entrusted with the juvenile's care includes an adult in a dating or romantic relationship with the parent, guardian, or custodian of the juvenile (previously, an adult relative entrusted with the juvenile's care). Makes clarifying changes.

Expands GS 14-401.11, which prohibits the distribution of certain food or eatable substances injurious to a person, making it unlawful for any person to knowingly distribute, sell, give away, or otherwise cause to be placed in a position of human accessibility or ingestion of any beverage or other drinkable substances which the person knows contains certain substances, materials, controlled substances, poisonous chemical or compound, or any foreign material as specified. Makes violations punishable as a Class C, F, H, or I felony depending on the contents of the food or beverage distributed and the degree the actual or possible discomfort caused, as specified. Makes clarifying, technical, and conforming changes.

Amends the definition of mentally incapacitated set out in GS 14-27.20, as the term applies to Article 7B, Rape and other sex offenses. Specifies that the term includes a victim who is rendered substantially incapable of either appraising the nature of his or her conduct or resisting the act of vaginal intercourse or a sexual act due to any act, regardless of whether committed by a perpetrator or the victim (previously, due to any act committed upon the victim). Makes clarifying changes.

Amends GS 14-27.21, GS 14-27.22, GS 14-27.26, and GS 14-27.27, removing the "forcible" language from the rape and sexual offense offenses provided therein, now providing for the following offenses, respectively: first-degree rape, second-degree rape, first-degree sexual offense, and second-degree sexual offense. Makes conforming changes to GS 7B-101, GS 7B-1602, GS 7B-2509, GS 7B-2513, GS 7B-2514, GS 7B-2516, GS 7B-2600, GS 14-208.6, GS 14-208.26, GS 90-171.38, and GS 143B-1200.

Includes a savings clause for prosecutions for offenses committed before the effective date of the act.

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

Refers to amendments as "The North Carolina First Step Act."  Amends GS 90-95(h), concerning drug trafficking, by adding new subdivision (5a) authorizing a judge to reduce fines, impose a sentence lower than the applicable minimum prison term provided by statute, or to suspend a sentence altogether, upon finding and stating (1) substantial and compelling reasons for doing so, (2) imposition of the applicable minimum term would (a) result in substantial injustice to the defendant and (b) is not necessary for the protection of the public.  Excludes from consideration persons determined by the judge to be an organizer or supervisor in a continuing criminal enterprise.  Amends GS 90-95(h)(5) to add reference to new subdivision (5a) and makes one change to add a gender-neutral term. 

Amends GS 90-95 to add new subsection (j) requiring the Administrative Office of the Courts to publish annually online a report of the number of sentences modified under GS 90-95(h)(5a) for the prior calendar year, beginning on December 1, 2020.

Directs persons currently serving an active sentence solely for a violation of GS 90-95(h) or (i) for drug trafficking or conspiracy to commit drug trafficking may seek a modification of their sentence by filing a motion for appropriate relief (MAR) within 36 months of the act's effective date.  Requires courts to direct the state to respond within 60 days of the date of filing and to hold any necessary hearings within 180 days.  

Effective December 1, 2019.

Amends GS 160A-382 (concerning cities) and GS 153A-342 (concerning counties) regarding city and county authority to divide territorial jurisdiction into districts, including special use districts and conditional use districts. Now prohibits cities and counties from imposing any conditions for a use that is permitted by the zoning classification of a petitioner's subject parcel, whether imposed through ordinance, regulation, or permit requirements, unless the city or county is granted authority to impose the conditions by the General Assembly.

Amends GS 160A-388 and GS 153A-340, which allow cities and counties to authorize, by ordinance, boards of adjustment, planning boards, or boards of commissioners (as appropriate) to hear and issue special or conditional use permits and impose reasonable and appropriate conditions upon the permits. Adds a provision to each statute to specify that reasonable and appropriate conditions include conditions which the city or county would otherwise be able to impose in similar fashion upon other similarly situated parcels that are in the same zoning classification through a grant of authority in the General Statutes.

Section 1

Amends GS 135-3(8)c1 concerning the report that is required on beneficiaries of the Retirement System for Teachers and State Employees who retired on an early or service retirement allowance and have been reemployed by an employer participating in the Retirement System and earn the specified triggering amounts. Adds that if the report is not received within the required 90 days, the Board of Trustees may, in addition to the already allowed penalty, (1) require the employer to reimburse the Retirement System for any retirement allowance paid to the beneficiary during the period when the allowance would have been suspended if the report had been timely and (2) require the employer to pay any amounts that the beneficiary would have been required to pay to the Retirement System if the report had been timely. Adds that if the employer must make the payments under these new provisions, then (1) the beneficiary is not obligated to reimburse the Retirement System for the specified related amounts, (2) the provisions of GS 135-9(b) relating to offsetting overpayments against payments made from the Retirement System to the member or beneficiary do not apply, (3) the Retirement System does not have a duty to pursue repayment of overpayments from the beneficiary, (4) the overpayments are not considered a debt of the beneficiary, and (5) the beneficiary's effective date of retirement is to be adjusted if required. Amends GS 128-24(5)c1 to make the same changes to the report required on beneficiaries of the Retirement System for Counties, Cities, and Towns who retired on an early or service retirement allowance and have been reemployed by an employer participating in the system and earn the specified triggering amounts.

Effective July 1, 2020, and applies to reports required to be made on or after that date.

Section 2

Amends GS 135-7 (concerning the Retirement System for Teachers and State Employees) and GS 128-29 (concerning the Retirement System for Counties, Cities, and Towns) by amending the provisions for the funding of the Legislative Enactment Implementation Arrangement (LEIA) to prohibit the Board of Trustees from directing any employer contributions into the LEIA after November 1, 2026 (was, November 1, 2021).

Section 3

Enacts new GS 147-75.1 allowing the Department of State Treasurer (Department) to obtain the criminal history of any of the following: (1) a current or prospective permanent or temporary employee of the Department, (2) a contractor with the Department, (3) an employee or agent of a contractor with the Department who is or will perform work for the Department, (4) a volunteer of the Department, (5) any other individual otherwise engaged by the Department  who will have access to confidential health or financial information or data maintained by the Department. Allows the Department to deny employment to or dismiss specified individuals who refuse to consent to the record check or to the use of identifying information. Allows the Department of State Treasurer to extend conditional offers of employment record check results. 

Section 4

Enacts new GS 135-48.37B concerning the attachment and garnishment of overpayments and unpaid premiums from individuals no longer employed by the employing unit. Makes the statute applicable to an individual who is no longer employed by an employing unit and to whom: (1) an overpayment or erroneous payment of benefits, claims, or other amounts has been paid on behalf of the individual or individual's dependent by the State Health Plan for Teachers and State Employees (Plan) and the amount owed had not been repaid to the Plan or (2) unpaid premiums are owed by the individual for coverage provided by the Plan to the individual or the individual's dependent. Requires that the Plan give notice to the individual of the amounts owed and give the individual at least 30 days to respond and either repay the amount owed in full or enter into a payment plan. Makes intangible property (including bank deposits, rent, salaries, wages, property held in the Escheat Fund, and any other property incapable of manual levy or delivery) subject to attachment and garnishment in payment of an overpayment, erroneous payment, or unpaid premium due from the individual. Sets out the process for the attachment and garnishment. Caps the amount subject to attachment and garnishment at no more than 10% of an individual's wages or salary. Sets out notice requirements before the Plan may attach and garnish intangible property. Sets out actions and timelines that must be met by a garnishee. Applies to notices of amounts due sent by the Plan on or after October 1, 2019. 

Section 5

Amends GS 135-48.1, which sets out the defined terms for Article 3B, State Health Plan for Teachers and State Employees (Plan). Excepts from the definition of dependent child individuals described in GS 135-48.41(b). Further amends the definition to refer to individuals in the definition.

Amends GS 135-48.41, which sets forth additional Plan eligibility provisions, modifying subsection (b) to allow coverage of a dependent child to continue beyond the dependent child’s 26th birthday if the dependent child is disabled (previously set out specific timelines for the disability to qualify) and the dependent child was covered by the Plan on the dependent child’s 26th birthday (previously, was covered by the Plan in accordance with GS 135-48.40(d)(7), concerning full contributory coverage for certain individuals). Removes the disqualification from coverage for a dependent child that is eligible for employer-based health care outside of the Plan other than the parent’s claim. Adds a new verification requirement of the dependent child’s disability, which must be submitted to the Plan no later than 60 days after the dependent child’s 26th birthday. Explicitly allows a dependent child to be eligible for coverage even if eligible as an employee or retired employee.

Section 6

Expands GS 135-48.37, subrogating the Plan to all Plan member rights of recovery, including first-party underinsured, MedPay coverage, or third-party insurance, for all medical expenses to the extent the recovery is related to an injury caused by a liable third party. Adds new requirement for all personal injury or wrongful death claims brought by a member or a member’s representative or estate against a third party to include a claim for all medical assistance payments for health care items or services furnished to the member as a result of the injury; deems such a claim that does not include the Plan’s claim to include the Plan’s claim. Makes the Plan’s claim a lien upon any recovery a member or a member’s representative or estate obtains. Makes clarifying changes, specifying that the Plan has the right to first recovery over all nongovernmental medical liens and rights on any amounts recovered related to an injury caused by a liable third party, regardless of the timing of nongovernmental medical liens and rights in relation to the Plan’s liens and rights, who recovered the amount, or how the amount was recovered. Allows the Plan to recover amounts the Plan is entitled to from the member, the member’s representative or estate, or the insurance company (previously, just the member) in the event the member or the member’s representative or estate (previously, just the member) recovers any amount from a liable third party. Makes further changes to make the provisions regarding the Plan’s rights and remedies against members also applicable to members' representatives or estates. Creates a new notification requirement, requiring the members, the member’s representative or estate, or the insurance company to notify the Plan within 14 days of receipt of the proceeds of a settlement or judgment related to a claim under the statute. Further, requires the member, the member’s representative or estate, or the insurance company to distribute the sufficient amount to satisfy the Plan’s lien to the Plan within 30 days of receipt of the proceeds of a settlement or judgment. Provides for the Plan to recover the amount directly through any available remedy. Adds to the prohibition against a lien of the Plan exceeding 50% of the total damages recovered by the member, excluding from the calculation the member’s reasonable and proportionate costs of collection, conclusively determined by the Plan (previously, excluded the member’s reasonable costs of collection only). Adds new provisions providing for situations when liens have priority over the Plan’s right to first recovery. Specifically prohibits the deduction of other liens from the Plan’s right to to recover under the statute. Adds that in the event insufficient funds remain to fully satisfy the Plan’s lien after deducting the member’s or member’s representative or estate’s costs of collection and any priority liens from the total damages recovered, the Plan is entitled to the remaining balance of the total damages recovered.

Section 7

Enacts GS 135-48.41(l), deeming the date of reemployment as the first hired date for purposes of Plan membership eligibility if an employee or retiree withdraws his or her accumulated contributions and then later is reemployed as an employee. Voids any rights granted under Article 3B relating to the hire date associated with the withdrawn contributions.

Section 8

Amends GS 135-48.33(a), changing the Plan contracts requiring Board approval from contracts in excess of $500,000 to those in excess of $1 million. Makes conforming changes.

Section 9

Makes clarifying and organizational changes to the existing language of GS 135-48.25 concerning the adoption of rules by the State Treasurer to implement Article 3B. Modifies and adds the following provisions to the statute. Requires the State Treasurer to provide a written description of a rule adopted pursuant to the statute in a timely manner upon request (previously, the State Treasurer is required to distribute written descriptions of adopted rules to all employing units, all health benefit representatives, all relevant health care providers affected by a rule, and any other persons requesting a written description and approved by the State Treasurer). Deems benefit booklets published by the Department of the State Treasurer (Department) on its website to have the force and effect of rules for the applicable benefit year. Adds a provision defining the scope of the statute.

Section 10

Repeals GS 135-48.22(3), which grants the Plan’s Board of Trustees the power and duty to oversee administrative reviews and appeals as provided in GS 135-48.24. Amends GS 135-48.24, making conforming changes to remove all references to the Board of Trustees from the administrative review provisions. Further amends GS 135-48.24, removing the requirement for the Executive Administrator to provide a written summary of the decision immediately following its issuance to all specified health benefit entities and interested parties. Adds to the definition of determination as used in the statute. Makes conforming changes to GS 150B-1(e).

Section 11

Amends GS 135-48.2, which sets forth the State’s undertaking of the Plan for the benefit of eligible individuals. Adds a new provision authorizing the State Treasurer to operate a flexible compensation plan for eligible retired employees and certain of their eligible dependents, including dental and vision health benefit offerings as specified. Makes further technical and clarifying changes.

Amends the definition of claims payment data set out in GS 135-48.1 to include the rate negotiated with or agreed to by the provider reflected in a Claims Data Feed.

Amends GS 135-48.32, requiring the Claims Processor to disclose Claim Payment Data that reflects rates negotiated with or agreed to by a provider (previously, prohibited except to provide documentation to support the payment of claims). Eliminates the prohibition against the Plan using a provider’s Claim Payment Data to negotiate rates, fee schedules, or other master charges with that provider or any other provider. Requires the Plan to provide notice to (rather than obtain the agreement of, as previously required) the Claims Processor for each third party to whom the Plan seeks to disclose Claim Payment Data and for each use the third party will make of the data on the Plan’s behalf.

Section 12

Includes a severability clause.

Appropriates $1 million from the General Fund to the Department of Public Safety, Governor's Crime Commission (Commission), for the 2019-20 fiscal year. Restricts use of the funds to establishing a grant program to assist judicial districts and counties within judicial districts to reduce the use of secured bonds as a condition of pretrial release and increase the use of citations in lieu of arrest, summons in lieu of arrest, early participation of defense counsel, early participation of the prosecutor, prompt judicial review of the magistrate's pretrial decision, additional information for decision makers, and court date reminder systems.

Requires judicial districts to submit grant proposals to the Commission by October 1, 2019, and include a process for evaluating whether the proposed changes resulted in a reduction in the use of secured bonds as a condition of pretrial release. Caps grants at $200,000. Requires the Commission to distribute the grants equitably across the State and among rural and urban districts and counties. Requires the Commission to establish a schedule for recipient districts and counties to submit results of its evaluation. Directs the Commission to report to the specified NCGA committee by December 1, 2020.

Effective July 1, 2019.

Identical to H 411, filed 3/20/19.

Amends GS 115C-83.16, concerning school performance indicators for the purpose of compliance with federal law to modify the performance indicators for schools serving any students in ninth through twelfth grade. Modifies the measures making up the school quality and student success indicator to now include the percentage of students who either (1) achieve a minimum score required for admission to a constituent institution of UNC on a nationally normed test of college readiness or (2) are enrolled in Career Technical Education courses and score at Silver, Gold, or Platinum levels on a nationally normed test of workplace readiness (previously provided separately for these percentage measures). Applies to measures based on data from the 2018-19 school year and each school year thereafter.

Amends GS 84-34 to increase the maximum amount the North Carolina State Bar can charge as an annual membership fee from $300 to $400. Adds that the membership fee can be increased by no more than $25 every two years. Effective January 1, 2020.

Part I titles the act.

Part II

Recodifies GS 58-78-1 through GS 58-78-20 as Part I of Article 78, GS Chapter 58. Enacts Part 2, North Carolina Firefighters Fellows Program, as follows.

Sets forth definitions for the Part. Establishes the North Carolina Firefighters Fellows Committee (Committee) charged with oversight of components of the North Carolina Firefighters Fellows Program. Provides for membership of the 10-member Committee, appointed by the North Carolina Fire and Rescue Commission, to serve two-year terms beginning July 1, 2019. Sets parameters for the Committee's officers, meetings, expenses, and vacancies.

Establishes the North Carolina Firefighters Fellows Program (Program) and charges the Committee with its administration, with the assistance of the Office of State Fire Marshal. Establishes the purpose of the Program to be to increase the number of fire service professionals by providing forgivable loans to individuals to obtain applied associate degrees in fire protection or other Committee-approved related fields of study as preparation to enter a fire service profession or provide volunteer service to their community. Sets parameters for the Fire and Rescue Commissioner to select a staff member to serve as Program administrator, and details the duties of the administrator. 

Provides for the Program to award forgivable loans up to $3,125 per year for up to two years to selected individuals to be used for tuition, fees, and the cost of books. Allows the Committee to set maximum amounts for loan proceeds to be used for community college fees and course textbooks. Limits the number of forgivable loans to 100 per year and no more than 200 total number of participants per year. Requires the Committee to select recipients no later than June 1 of each year. 

Details eligibility criteria for Program applicants, including being on the State roster of an eligible department at the time of application, a resident for tuition purposes, a high school graduate or senior anticipating graduation, demonstrating an intent to be employed or volunteer for an eligible department upon completing the Program. Sets forth criminal convictions which disqualify individuals from the Program, including any felony.

Sets parameters for the application process, the award and administration of forgivable loans, and recipient obligations. Requires the Committee to publish application, award, and notification deadlines and provide written notification to applicants regarding the outcome of the Committee's deliberations. Deems selection of forgivable loan recipients by the Committee final.

Sets out recipient obligations, including maintaining a 2.0 GPA and pursuing an approved field of study. 

Directs the Program administrator to annually report to the Fire and Rescue Commission, with an initial report by January 1, 2021, specified information concerning the Program, including the number of forgivable loans awarded and retention rates of recipients within eligible departments disaggregated by department, county, and region.

Caps the interest rate on forgivable loans at 10%. Provides that the forgivable loan can be terminated upon the recipient's withdrawal from school, by the recipient's failure to meet the standards set by the Committee, or by the recipient's default based on conditions set by the Committee. Restricts the Committee's disbursement fund to the community college where the recipient is enrolled. Details provisions for forgiveness of the loan, extension of repayment of the loan for up to two years, and repayment of the loan with interest within 60 months from distribution. Provides for default on the loan, and authorizes the Committee to declare the entire unpaid amount, including interest, immediately due and payable. Establishes that a default precludes further participation in the Program. Provides for notification by the Committee to the recipient of default, and authorizes the Committee to allow repayment plus interest for a period up to 60 months.

Effective July 1, 2019, and applies to the award of forgivable loans beginning with the 2020-21 academic year.

Part III

Amends GS 113-276, directing the Wildlife Resource Commission (Commission) to adopt rules to provide for waiver of fees for hunting, fishing, trapping, and activity licenses issued and administered by the Commission to eligible members of the volunteer fire departments. Defines eligible member to mean any individual appearing on the certified roster of eligible firefighters submitted to the State Firefighters' Association under GS 58-86-25. Provides that eligible members during the prior fiscal year receive a waiver of license fees for any annual license issued during the following fiscal year, and eligible members of 10 consecutive years receive a waiver of license fees for any lifetime license under Article 21 (all licenses issued by the Commission). Makes conforming changes to GS 113-174.2. Effective October 1, 2019.

Part IV

Enacts GS 105-575(5) to establish a property tax exclusion for 25% of the assessed value of housing, together with the necessary land, owned and used as a primary residence by an unpaid member of a volunteer fire department who attended at least 36 hours of fire department drills and meetings during the taxable year and has more than five years of volunteer fire service. Effective for taxable years beginning on or after July 1, 2019.

Part V

Amends GS 58-86-35 by increasing the amount that firefighters must pay as members of the North Carolina Firefighters' and Rescue Squad Workers' Pension Fund from $10 to $15 per month.

Amends GS 58-86-40 by increasing the amount that rescue squad workers must pay as members of the North Carolina Firefighters' and Rescue Squad Workers' Pension Fund from $10 to $15 per month.

Amends GS 58-86-45 by making the same increases to amounts paid for retroactive membership in the Fund. Makes conforming changes.

Amends GS 58-86-55 to increase the amount of the monthly payments pension, disability, and benefits when a members is killed in the line of duty for eligible firefighters and eligible rescue squad workers from $170 to $180 per month. Makes additional conforming changes.

Applies to monthly payments into the North Carolina Firefighters' and Rescue Squad Workers' Pension Fund for months of service on or after January 1, 2020.

Part VI

Includes a severability clause.

Enacts new Article 54, Reliability of In-Custody Informant Statements, in GS Chapter 15A, providing as follows.

Prohibits convicting a defendant of an offense or from receiving an aggravated sentence if the only supporting evidence presented is the testimony of an in-custody informant. Requires additional evidence to independently tend to connect the defendant with the offense and include evidence other than the testimony of another in-custody informant. Defines in-custody informant to mean a person, other than a codefendant, percipient witness, accomplice, or co-conspirator, whose testimony is based on statements allegedly made by the defendant while both the defendant and the in-custody informant were held within a city or county jail, a State correctional institution, or otherwise in custody of law enforcement, where statements relate to offenses that occurred outside of the confinement.

Requires notifying the victim if an in-custody informant receives leniency in connection with offering or providing testimony against a suspect or defendant. 

Allows redacting the identity of an in-custody informant upon motion of the prosecution and on a showing that the disclosure would endanger the informant, that the informant's service to the state would be undermined, or for other reasons the court finds compelling. 

Requires the court to hold a pretrial hearing, which can be waived by the defendant, to determine whether the reliability of the testimony of the in-custody informant is sufficient to overcome a rebuttable presumption of inadmissibility. Sets out additional procedural requirements for such a hearing. Allows the rebuttable presumption of inadmissibilty to be overcome by a determination of reliability by the trial judge after the consideration of 17 listed factors. 

When the judge finds the in-custody informant's testimony admissible, the judge must instruct the jury that the informant's testimony is to be scrutinized with regard to reliability and that the jury may consider six specified issues in doing so.

Directs district attorneys to adopt policies and procedures governing the recording and use of testimony.

Provides requirements for recording interviews of in-custody informants. Prohibits destruction or modification of recordings until one year after the completion of all appeals.

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

Identical to H 523, filed 3/28/19.

Enacts new Article 4 (North Carolina Servicemembers Civil Relief Act) in GS Chapter 127B. States that the purpose of the Article is to incorporate into State law the rights, benefits, and protections of the federal Servicemembers Civil Relief Act and to extend those rights, benefits, and protections to members of the North Carolina National Guard serving on State active duty and to members of the National Guard of other states serving on state active duty who reside in North Carolina.

Defines military order as official military orders, or any notification, certification, or verification from the servicemember's commanding officer, with respect to the servicemember's current or future military service. For members of the North Carolina National Guard, this term includes an order from the Governor pursuant to GS Chapter 127A, and, in the case of a member of the National Guard of another state, this term includes an order from the governor of that state. Defines military service as: (1) as defined in 50 USC § 3911; (2) in the case of a member of the North Carolina National Guard, State active duty under an order of the Governor pursuant to this Chapter, for a period of more than 30 consecutive days; (3) in the case of a member of the National Guard of another state, service under an order of the governor of that state that is similar to State active duty, for a period of more than 30 consecutive days.

Provides that the rights, benefits, and protections of the federal Servicemembers Civil Relief Act apply to a service member engaged in military service to the extent the service materially affects the servicemember's ability to comply with his or her obligations. Extends the rights and protections of the contract-termination provisions of this Act, described below, and of USC Title 50, Chapter 50, Subtitle 2 (Rent, Installment Contracts, Mortgages, Liens, Assignment, Leases, Telephone Service Contracts) to dependents of servicemembers engaged in military service. Authorizes servicemembers to terminate contracts for telecommunication, internet, television, or satellite radio service at any time after the date the servicemember receives an order to relocate for a period of military service of at least 90 days to a location that does not support the contract, without any early termination charge, or unusual or uncustomary resubscription fees, and with a refund for any fee paid for service that extends beyond the termination date of the contract. Provides a notice requirement, and provides that unpaid obligations at the time of termination remain the obligation of the servicemember. 

Prohibits evicting a servicemember while the member is engaged in military service or within 14 days after service terminates. If service prevents the member from removing possessions from the residence, provides that the servicemember is not liable for any penalty or fee arising from failure to vacate the residence. Allows a lease agreement expiring while the member is engaged in military service to be extended by the member to terminate 10 days after the members's service terminates.

Violations of the Article are an unfair or deceptive trade practice.

Authorizes the Attorney General or any aggrieved servicemembers to commence a civil action against persons who violate this Act, and provides remedies for their respective suits. Authorizes the court to assess a civil penalty of up to $5,000 in a case brought by the Attorney General, and court costs and attorneys' fees in cases brought by aggrieved servicemembers. Supercedes any agreement that reduces, limits, or eliminates any right or benefit under this Article.

Recodifies GS 127A-41.1 as GS 127B-31 and deletes existing provisions and replaces it with the following. Allows, at any stage of any civil action or proceeding in which a service member engaged in military service is a party, a court to stay the action or proceeding on its own motion and requires staying the action or proceeding on application by the servicemember or a person acting on the member's behalf unless the member's ability to litigate is not materially affected by his or her military service. Applies during the servicemember's military service and within 60 days after service terminates. 

Enacts GS 127A-65 to direct the North Carolina National Guard to post a list of rights a servicemember or servicemember's dependent has under the state and federal Servicemembers Civil Relief Act on its website. Effective October 1, 2019, and applies to contracts entered into, renewed, or modified on or after that date.

Amends GS 127A-111 to clarify that a no member of the NC National Guard can be forced to use (was, forced to exhaust) any of his or her vacation or accrued leave from his or her civilian employment for a period of active service.

To be summarized.

Enacts GS 115C-316.2, making the following appropriations from the General Fund to the Department of Public Instruction to be allocated to local school administrative units to increase positions for school counselor, and psychologists to meet the following statewide ratios of personnel to students.

• For the 2019-20 fiscal year, appropriates $87.3 million for statewide ratios of one counselor to 322 students and one psychologist for 1,234 students.
• For the 2020-21 fiscal year, appropriates $174.7 million for statewide ratios of one counselor to 282 students and one psychologist to 895 students.
• For the 2021-22 fiscal year and each subsequent fiscal year, appropriates $262 million for statewide ratios of 1 counselor to 250 students and one psychologist to 700 students.

Directs the Director of the Budget to include the above appropriated amounts for each fiscal year in the instructional support allotment for DPI when developing the base budget. Adds that school counselors hired from funds provided pursuant to new GS 115C-316.2(a) have a first responsibility to provide preventative and responsive services as set out in GS 115C-316.1(3), including mental health counseling.

Makes conforming change to GS 115C-316.1(3), adding providing preventative services to the duties of school counselors.

Effective July 1, 2019.

Identical to H 516, filed 3/28/19.

Includes whereas clauses. 

Enacts new Article IL, Mental Health Protection Act, in GS Chapter 90. Prohibits the following from engaging in conversion therapy with an individual under age 18 or an adult who has a disability: fee-based practicing pastoral counselors, licensed clinical social workers, licensed marriage and family therapists, licensed professional counselors, psychiatrists, and psychologists. Conversion therapy is defined as any practices or treatments that seek to change an individual's sexual orientation or gender identity, including efforts to (1) change behaviors and gender expressions or (2) eliminate or reduce sexual or romantic attractions or feelings towards individuals of the same gender. Excludes from conversion therapy counseling that provides assistance to an individual undergoing gender transition or counseling that provides acceptance, support, and understanding of an individual or facilitates an individual's coping, social support, and identity exploration and development as long as such counseling does not seek to change an individual's sexual orientation or gender identity. Considers conversion therapy practiced by those named classes of professionals as unprofessional conduct and makes the professional subject to discipline. Prohibits State funds, or any funds belonging to a municipality, agency, or political subdivision of this State, from being expended for the purpose of conducting conversion therapy, referring an individual for conversion therapy, health benefits coverage for conversion therapy, or a grant or contract with any entity that conducts conversion therapy or refers individuals for conversion therapy.

Includes a severability clause.

Appropriates $20,000 for 2019-20 and $20,000 for 2020-21 from the General Fund to the Department of Health and Human Services, to be used for the Senior Tar Heel Legislature to cover the increased cost of holding the organization's annual meetings. Effective July 1, 2019.

Enacts GS 58-3-226, Overpayment, retroactive denials, underpayments, and nonpayment; health benefit plans. Recodifies GS 58-3-225(h) as subsection (b) of GS 58-3-226, as enacted. Amends GS 58-3-226, as enacted, as follows, expanding the existing provisions to include retroactive denials of previously paid claims. Requires insurers to give the health care provider or health care facility written notice at least 30 days before an insurer retroactively denies a previously paid claim. Now requires the retroactive denial of a previously paid claim, the recovery of overpayments, or the offsetting of future payments under the subsection to be made within six months (was, two years) after the date of the original claim, unless one of the provided exceptions apply. Adds to the exceptions instances in which the claim was subject to coordination of benefits with another insurer, in which case the time period is extended to 18 months, or instances in which the claim submitted was a duplicate claim. Now requires recovery of underpayments or nonpayments by a health care provider or health care facility to be made within six month (was, two years) after the date of the original claim adjudication, unless as previously specified.

Makes further conforming, clarifying, and technical changes. Applies to claims submitted on or after October 1, 2019.

Identical to H 179, filed 2/26/19.

Amends the following laws in GS Chapter 20 to regulate mini-trucks.

Adds mini-truck to the defined terms in GS 20-4.01, defining the term, as a type of passenger vehicle, to mean a motor vehicle designed, used, or maintained primarily for the transportation of property and having four wheels, an engine displacement of 660cc or less, and physical measurements not exceeding those specified. 

Amends GS 20-87(12) concerning registration fees for low-speed vehicles, setting the registration fee for mini-trucks to be the same as the fee for private passenger vehicles of not more than 15 passengers (identical to the fee for low-speed vehicles). Adds that low-speed vehicle and mini-truck rentals are to have the same registration fee charged for U-drive-it automobiles.

Amends GS 20-121.1, expanding the provisions regarding the operation of low-speed vehicles on certain roadways, including those on registration and insurance, to also apply to the operation of mini-trucks. Limits the operation of mini-trucks to streets and highways with a 55 miles per hour or less speed limit. Requires the road safety equipment of low-speed vehicles and mini-trucks, such as headlamps, turn signal lamps, reflectors, windshield wipers, speedometers, and seatbelts, be maintained in working order . Prohibits mini-trucks from antique vehicle or historic vehicle qualification under GS 20-79.4(b).