Senate amendment to the 5th edition makes the following changes.
Adds the following new content.
Enacts GS 160A-317(e) to allow the owner of real property subject to an annexation agreement under Part 6, Article 4A (annexation agreements) or an interlocal cooperation agreement under Article 20 (interlocal cooperation agreements) of GS Chapter 160A who is denied connection to water or sewer by a city to seek to obtain water or sewer from any other unit of local government. Grants the owner standing to petition the court for an order of appropriate relief in the instance that a court order impacts the provision of water or sewer to the real property, and requires the court to set the petition for hearing. Defines impacts to include any effect or ramification that prevents the owner of real property from seeking voluntary annexation by a city capable of providing water or sewer to that real property.
Enacts identical provisions in new GS 154A-284(d), applicable to counties, allowing owners of real property subject to an interlocal cooperation agreement under Article 20, GS Chapter 160A that is denied connection to water or sewer by a county to seek to obtain water or sewer from any other unit of local government. Includes standing to petition a court for appropriate relief if a court order impacts the provision of water or sewer to real property.
Applies to court orders, annexation agreements, and interlocal agreements existing on or after the date the act becomes law.
Changes the act's long title.
The Daily Bulletin: 2022-06-29
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The Daily Bulletin: 2022-06-29
Senate amendment makes the following changes to the 4th edition.
Section 14
Revises the proposed changes to GS 143-341 to no longer exclude from the Department of Administration's operation of the State's central motor fleet pursuant to GS 143-341, motor vehicles under the ownership, custody, or control of the Division of Emergency Management of the Department of Public Safety (DPS).
Section 20
Revises new GS 126-5(c17), which excludes wardens of adult correctional facilities from the State Human Resources Act, GS Chapter 126, with several exceptions specified. Makes technical and clarifying changes to the GS Chapter 126 exceptions identified. Eliminates GS 126-34.02(b)(1) and (b)(2) as an exception (relating to discrimination, harassment, and retaliation contested cases), and instead adds GS 126-34.1(a)(2) to the exceptions listed (GS 126-34.1 has been repealed; appears to intend another GS Chapter 126 statute). No longer includes provisions describing these employees as public servants; requiring filing of Statements of Economic Interest; and providing protections under GS 125-5(e) if hired before that subsection's repeal with minimum cumulative service to qualify under the provision. Changes the effective date of these proposed changes to July 1, 2022 (was, effective on the date of the act becomes law), applicable to persons hired on or after July 1, 2022.
Senate committee substitute to the 2nd edition makes the following changes.
Section 2
Deletes the appropriation of $20,000 from the General Fund to the North Carolina Board of Licensed Clinical Mental Health Counselors for 2021-22 for use by the Board to assist with the administrative costs of the act. Makes conforming deletions.
Adds the following new content, effective July 15, 2022.
Directs the Department of Health and Human Services (DHHS) to contract for at least two-year terms with nonprofit grantees/recipients (grantees/recipients) that receive nonrecurring funding for each year of a fiscal biennium and receive recurring funding so long as the funding source does not prohibit multi-year contracts. Requires those receiving recurring federal grant funding to have the option to extend the initial contract term by one additional year if the extension is mutually agreed with DHHS by written agreement and the contract's funding remains available. Requires DHHS to allow any grantee/recipient receiving recurring or non-recurring state and/or federal funding for each year of a fiscal biennium to automatically activate limited-time extensions of up to three months for continuity of services when a formal extension or renewal process has not been completed within 10 business days of the subsequent contract start date, so long as the following criteria are met: they (1) are receiving recurring funds or non-recurring State and/or federal funding for each year of the fiscal biennium, (2) have received an unqualified audit report on its most recent financial audit as required by GS 159-34 or 09 NCAC 03M, (3) have a track record of timely performance and financial reporting to DHHS as required by the contract, (4) have not been identified by DHHS as having a record of noncompliance, as defined, with the requirements of any funding source used to support the contract and has not received an undisputed notice of such noncompliance by DHHS; and (5) have been in operation for at least five years.
Directs the Fiscal Research Division to provide DHHS, Division of Budget and Analysis with a list of described preliminary information for all non-State entities receiving directed grants through the Appropriations Act of 2022, within 15 days of the date that act becomes law.
Deems the negotiation, determination, or settlement of the reimbursable amount of overhead under cost-reimbursement type contracts to be accomplished on an individual contract basis and based upon the federally approved indirect cost rate. Adds that for vendors who do not have a federally approved indirect cost rate, the de minimis rate of 10% of modified total direct costs applies.
Changes the act's titles.
Senate committee substitute to the 2nd edition makes the following changes.
Modifies new Article 3A, Child Advocacy Centers in GS Chapter 108A, as follows. Adds caregiver and child medical evaluation to the Article's defined terms. Defines child medical evaluation as a medical evaluation of a child performed by a medical provider who is rostered with UNC-Chapel Hill, NC Child Medical Evaluation Program, which includes a forensic interview when possible, performed at a Children's Advocacy Center (Center) or another facility pursuant to an agreement with a Center. Revises the definitions for the terms child, child maltreatment, Children's Advocacy Center, forensic interview, and multidisciplinary team. No longer references a successor to the Children's Advocacy Centers of NC in the definition of Children's Advocacy Center; makes conforming changes to remove such references throughout the Article. Among other changes, now provides that a multidisciplinary team (MDT) works solely on behalf of the children served by a Center, and includes professionals who work collaboratively pursuant to a written protocol to share information on service provision and investigations by law enforcement or the department to inform the investigation and prosecution of child maltreatment cases and to coordinate services in response to reports made of child maltreatment (was, to coordinate, investigate, and be involved in the prosecution of child abuse cases to assure the most effective coordinated response to reports of child maltreatment). Allows inclusion of appropriate caregivers (was, nonoffending caregivers and families in the MDT); makes changes throughout to refer to "appropriate caregivers" rather than "nonoffending family members." Now defines child maltreatment to include any acts or series of acts of commission or omission involving sexual or physical abuse of a child, neglect of a child, human trafficking of a child, exploitation of a child, or the abuse, neglect, or dependency of a child. Makes changes to consistently refer to "child maltreatment" throughout rather than "child abuse."
Makes technical changes to and modifies the eligibility criteria set forth for a Center to receive State or federal funds administered or distributed by a State agency, or other legislative appropriations, as follows. Requires a Center to be an independent agency (was, an independent nonprofit agency), which can be a nonprofit or affiliated with an umbrella organization (previously allowed affiliation with an umbrella organization). Requires establishing and maintaining written protocols on specified subjects that comply with state and federal laws, in addition to State and national standards. Adds to the protocols required to include written protocols on the confidentiality of a department's protective services information and records and information sharing among MDT members that complies with State and federal law and rules for the participating entities (was, sharing among MDT members only). Requires provision of medical exams or referrals for exams in each case to be provided by health care providers with specific training in child sexual and physical abuse who are rostered with the NC Child Medical Evaluation Program who meet required State and national standards for training, documentation, and review (previously, did not specify for each exam, did not require rostering, and also referenced standards of the Center's written protocols). Specifies provision of mental health services or referrals services must be made by licensed mental health professionals, in each case (previously, referred to licensed professionals and did not specify required in each case), who deliver trauma-focused, evidence-supported treatment and who meet minimum standards established by the Children's Advocacy Centers of NC, Inc. Requires maintaining diversity, equity, and inclusion (was, cultural competency and diversity) by completing a community assessment every three years, and requires the assessment to include identifying (was, determining) underserved populations and identifying and addressing gaps in services to those populations (previously, did not specify the gaps to be identified were specific to underserved populations).
Replaces the previous content of proposed GS 108A-75.3, regarding sharing of information, and now provides the following. Authorizes the department to share information relevant to the protection of a child with the MDT, subject to state and federal laws and rules. Authorizes other MDT members to share information relevant to the protection of a child with the MDT, subject to state and federal statutes and rules. Authorizes the chief district court judge of the judicial district in which the MDT sits to enter an administrative order designating certain local agencies located within the jurisdiction as authorized to share information concerning a case of suspected child maltreatment in which the county department of social services (department) is not involved, with designated agencies required to share information in their possession upon request and to the extent permitted by federal law and regulations, for so long as the child's case is being investigated by law enforcement or the child is receiving services at the Center. Deems shared information confidential except for disclosures required by law and limits use to the extent necessary for the agency to perform its required duties. Specifies that the provisions do not require disclosure or release of information in the possession of a district attorney. Specifies that information shared between MDT members must comply with federal law or regulation and remain confidential, except to the extent necessary for the protection of a child, to carry out a treatment plan or recommendations, or to improve the educational opportunities of a child. Provides an MDT member limited liability for state civil and criminal law violations for good faith participation in team discussions by providing information about a child being reviewed by the MDT.
Replaces the previous content of proposed GS 108A-75.4, relating to access to the Children's Advocacy Center records, and now provides the following. Creates distinct confidentiality provisions for child medical evaluations, forensic interviews, and information received from a Center based on whether a referral to the Center is by a department or law enforcement, with disclosure of information and records in cases referred by a department also governed by various statutes of GS Chapter 7B identified, and disclosure of information and records in cases referred by law enforcement limited to release to four described categories of recipients, or as permitted by GS 7B-3100, which governs the disclosure of juvenile records. Otherwise, requires a court order to release records created, compiled, maintained, or received by a Center, which requires finding that the records are necessary for the determination of a criminal, civil, or administrative matter and the information cannot be obtained from the Department of Health and Human Services, a law enforcement agency, the prosecuting attorney, a department, or the Attorney General. Requires inclusion of an order for an in camera inspection and protective order. Provides further limitations for such orders. Provides for information sharing between employees and designated agents of Centers, between Centers and the Children's Advocacy Centers of NC Inc. or other contract services providers, and a Center and other Centers or an MDT, as specified. Exempts DHHS, a department, law enforcement agencies, the prosecuting attorney, a court of competent jurisdiction and the Attorney General from the authorized limited disclosure described in subsection (f), regarding sharing information with the Children's Advocacy Centers of NC, Inc. or other contract service providers when necessary for the child, caregiver, or a Center to receive essential support or services, with necessary confidentiality provisions in place, consistent with state and federal law. Provides for continued confidentiality of disclosed information. Deems records created under the Article to not be public records.
Amends GS 7B-505.1, which requires a health care provider to disclose confidential information about a juvenile to a director of a department with custody of the juvenile and a parent, guardian, or custodian. Adds to the provisions, deeming a child medical evaluation performed by a health care provider rostered with the NC Child Medical Evaluation Program to be governed by new GS 108A-75.4.
Changes the effective date of the act to July 1, 2023 (was, July 1, 2022).
Senate amendment to the 3rd edition makes the following changes.
Section 8
Regarding the proposed changes to GS 20-20.1, which allow for the term of a limited driving privilege, generally limited to one year, to be extended until the date set by the Division of Motor Vehicles to determine whether the person meets conditions for reinstatement, makes the changes effective December 1, 2022 (previously, the standard effective date provision applied).
House committee substitute to the 1st edition makes the following changes.
Part I.
Makes organizational changes.
Eliminates the proposed changes to GS 41-22 that explicitly abolished the common law rule against perpetuities. Instead, repeals GS 41-22. Enacts GS 41-6.5 to provide as follows. Abolishes the common law rule against perpetuities, and acknowledges that Article 2 sets out the Uniform Statutory Rule Against Perpetuities. Sets the scope of the statute to include property interests or powers of appointment created on or after October 1, 1995. Adds that statute is meant to clarify legislative intent to abolish the common-law rule against perpetuities when it enacted SL 1995-190, which enacts the Uniform Statutory Rule Against Perpetuities. Provides that the statute does not affect any rights adjudicated in a final court decision entered on or before the date the act becomes law.
Part III.
Regarding the proposed changes to GS 150B-45, relating to the procedure for petitioning judicial review of a contested case, provides that the changes are effective when the act becomes law and applicable to petitions filed on or after that date (previously, the standard effective date provision applied). Makes a technical change to add a subdivision description.
Part VI.
Makes technical changes to the effective date provisions.
House committee substitute makes the following changes to the 1st edition.
Modifies the proposed changes to Section 4, Article IX, of the NC Constitution, changing the membership and election of members of the State Board of Education (State Board), effective January 1, 2024, subject to voter approval at the November 2022 general election. Now requires legislative confirmation (rather than confirmation by joint session), as prescribed by law, of gubernatorial appointments to fill State Board vacancies, rather than legislative confirmation in joint session. Makes technical changes. Changes the act's long title.
| Intro. by Blackwell, Torbett, Hardister, Zachary. | CONST |
The Daily Bulletin: 2022-06-29
House committee substitute to the 2nd edition makes the following changes.
Replaces the definition of the new defined term team-based setting, now also including the term team-based practice, in GS 90-1.1. Defines the terms to mean either: (1) a medical practice in which (a) a majority of the practice is owned collectively by one or more licensed physicians, (b) an owner who is a licensed physician has consistent and meaningful participation in the design and implementation of health services to patients, and (c) the physicians and team-based physician assistants (PAs) who provide services at the medical practice work in the same clinical practice area; or (2) hospitals, clinics, nursing homes, and other health facilities with active credentialing and quality programs where physicians have consistent and meaningful participation in the design and implementation of health services to patients. Maintains that the term (including team-based practice) explicitly excludes a medical practice that specializes in pain management. Provides that having consistent and meaningful participation in the design and implementation of health services to patients is defined by rules adopted by the Medical Board (Board). No longer amends the practice of medicine or surgery to include using the designation "Physician Assistant" or "PA" as specified.
Eliminates the proposed repeal of GS 90-9.3(b), which requires a PA to provide the Board contact information for the physician who will supervise the PA in the relevant medical setting before initiating practice as a PA. Instead, amends the subsection to exempt PAs who meet the requirements for team-based practice under new GS 90-9.3A from the subsection's requirements.
Replaces the content of new GS 90-9.3A regarding the practice as a PA, now providing as follows related to team-based practice. Establishes qualifications for practicing as a team-based PA, including requiring practice in team-based settings and having more than 4,000 clinical practice experience as a licensed PA and more than 1,000 hours of clinical experience within the specific medical specialty of practice with a physician in that specialty, proof of which must be submitted to the satisfaction of the Board per Board rule. Allows the Board to require, by rule, the PA to comply with other requirements or submit additional information. Requires team-based PAs to collaborate and consult with or refer to appropriate team members as required and specified. Authorizes the Board to adopt rules to establish requirements for the determination and enforcement of collaboration, consultation, and referral. Explicitly deems team-based PAs responsible for the care they provide. Mandates supervision of a team-based PA practicing in a perioperative setting, including the provision of surgical or anesthesia-related services.
Replaces the proposed changes to GS 90-12.4(d), which requires PAs with a limited volunteer license to submit contact information of the licensed physician who will supervise the PA in the clinic specializing in the care of indigent patients, prior to practicing. Now amends the subsection to require the PA to either submit the physician's information on an "Intent to Practice Notification Form," or forego the supervisory notification requirements by meeting the requirements for team-based practice under new GS 90-9.3A.
Replaces the proposed changes to GS 90-18.1, which establishes limitations on the practice of PAs, and now provides as follows. Adds a new subsection (a1), requiring PAs to clearly designate their credentials as a PA in all clinical settings. Regarding the conditions for PAs applicable to writing prescription drugs, exempts PAs practicing in a team-based setting from the requirement that a supervising physician must provide the PA written instructions about indications and contraindications for prescribing drugs and a written policy for periodic review by the physician of the drugs prescribed. Regarding the conditions for PAs applicable to compounding and dispensing drugs, now requires the PA to comply with all applicable State and federal laws and rules governing compounding and dispensing (replacing the requirement for complying with relevant rules and regulations of the NC Board of Pharmacy). Limits the scope of the condition relating to supervising physicians' providing written instructions as well as periodic review relevant to a PA's ordering order medications, tests and treatments in hospitals, clinics, nursing homes, and other health facilities, making the requirement applicable to PAs subject to supervisory agreements only.
Eliminates the proposed repeal of GS 90-18.1(e), which deems any prescription written by a PA or order given by a PA for medications, tests, or treatments to have been authorized by the physician approved by the Board as the supervisor of the physician assistant and the supervising physician responsible for authorizing the prescription or order. Eliminates the proposed replacement language of the previous edition, and instead provides the following. Makes the provisions inapplicable to PAs practicing in a team-based setting under new GS 90-9.3A, and authorizes such individuals to prescribe, order, administer, and procure drugs and medical devices without physician authorization, and plan and initiate a therapeutic regimen that includes ordering and prescribing non-pharmacological interventions, including durable medical equipment, nutrition, blood, blood products, and diagnostic support services including home health care, hospice, and physical and occupational therapy. Repeals the content of existing subsection (e1), replacing the provisions to now authorize PAs to authenticate any document, including death certificates with their signature, certification, stamp, verification, affidavit, or endorsement, if such authentication can be done by a physician (currently, provides that any medical certification completed by a PA for a death certificate is deemed to have been authorized by the approved supervising physician who is responsible for authorizing the completion of the medical certification). Adds new subsection (e2) prohibiting PAs from performing final interpretations of diagnostic imaging studies, as defined, which must be provided by a licensed physician. Requires a physician's supervision for a PA to conduct final interpretation of plain film radiographs. Makes conforming changes regarding PAs meeting the requirements for team-based practice in lieu of filing a current Intent to Practice Form with the Board.
Adds a new provision requiring the Medical Board to adopt necessary permanent rules to implement the act. Requires notification to the Revisor when the rules are adopted.
Now makes all proposed changes to GS Chapter 90 effective at the earlier of either when the Board adopts the required permanent rules, or June 30, 2023 (was, effective January 1, 2022).
House committee substitute replaces the content of the 3rd edition with the following.
Includes whereas clauses.
Enacts GS 115C-104.10, authorizing local boards of education to adopt a policy authorizing students to earn elective course credit for alternative educational opportunities that take place outside of the required instructional day. Sets forth six criteria with which local board policies must adhere, including establishing a process and criteria for local boards to approve alternate educational opportunities. Directs the Department of Public Instruction (DPI) to provide guidance to local boards on implementing the statute, including, at a minimum, examples of (1) a process for approving alternative educational opportunities, (2) criteria for evaluating alternative educational opportunities, and (3) requirements for an approved entity to follow when providing an alternative educational opportunity. Beginning November 15, 2023, requires each local board opting to adopt such a policy to annually report to DPI, with specified content. Beginning December 15, 2023, requires DPI to compile local boards' reports and annually report information at the State level and by local school administrative unit to the specified NCGA committee.
Enacts GS 115C-47(34b), authorizing local boards to adopt a policy establishing requirements for approval of alternative educational opportunities for elective course credit as provided in new GS 115C-104.10, as enacted.
Applies beginning with the 2022-23 school year.
Changes the act's titles.
| Intro. by Rabon, Burgin, Ford. | GS 115C |
House committee substitute to the 3rd edition makes the following changes.
Part I.
Further amends GS 132-1 by adding a new subsection prohibiting the State's agencies or subdivisions from entering into a non-disclosure agreement in order to restrict access to public records subject to disclosure under GS Chapter 132. Makes public record a contract under which a State agency or subdivision agrees not to disclose information that is deemed confidential, unless the existence of the contract is deemed confidential. Requires a non-disclosure agreement to be included in the minutes of each closed session meeting if the agreement is associated with one or more closed session meetings.
Part II.
Amends GS 7A-761, now providing for the Governor to appoint 18 members to the Human Relations Commission of the Civil Rights Division of the Office of Administrative Hearings, with one member appointed from each of the congressional districts with the remaining members appointed at large (previously specified that the Governor appointed one member from each of the 14 congressional districts and four members at large). Makes additional clarifying and organizational changes to the statute.
Amends GS 116-233, by amending the number of members on the Board of Trustees of the School of Science and Math, by removing the specified total number of members and to include a number of members equal to the membership of the House of Representatives of the US Congress apportioned to the state by federal law (was, fourteen members), who are to be appointed by the UNC Board of Governors, one from each congressional district. Further amends the statute by adding that the Board of Governors, in appointing a position created by Congressional reappointment, under the previous provision, may provide that appointment an initial term of two years if it is determined that the shorter term is necessary to maintain staggered terms. Makes these provisions effective July 1, 2023. Requires the member appointed to the position created by this section to be appointed to a term ending June 30, 2027. Prohibits an appointee from being added in accordance with GS 143B-13(f2) before July 1, 2023, due to reapportionment following the 2020 federal decennial Census. GS 143B-13(f2) provides that whenever a statute requires that the Governor or any board, commission, council, person, or agency appoint one or more persons from each congressional district to a board, commission, or council, and the statute fails to provide for a procedure to fill the extra position due to the addition of an additional congressional district, then the appointing authority must appoint a person for a term commencing on January 3rd of the year in which the addition of the additional congressional district becomes effective.
Amends GS 140-5.13, by amending the number of members of the Board of Trustees of the NC Museum of Art, to no longer specify a total number of members and to include the Governor's appointment of a number of members equal to the membership of the House of Representatives of the US Congress apportioned to the State by federal law (was, the Governor must appoint 14 members, one from each congressional district).
Changes the statutory cross-reference in GS 143B-148 to now require that the specified members of the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services be appointed by the Governor, one from each congressional district in the State in accordance with GS 143B-13 (Appointment, qualifications, terms, and removal of members of commissions) instead of GS 147-12(3b) (which provides that whenever a statute calls for the Governor to appoint one person from each congressional district to a board or commission, and at the time of enactment of that statute, the gubernatorial appointments do not cover all of the congressional districts, then the Governor, in filling vacancies on that board or commission as they occur, must make appointments to satisfy that requirement, but is not required to remove any person from office to satisfy the requirement).
Part III.
Adds the following new content.
Amends GS 143-318.11 which allows a public body to hold a closed session only upon a motion duly made and adopted at an open meeting. Adds that upon adopting a motion to enter into closed session and while in the open session of the open meeting, the presiding chair must inform the public body that all discussion during the closed session must be limited to the permissible purpose or purposes cited in the motion. Adds the requirement that the presiding chair must, upon returning to open session, certify during open session that all discussion during the closed session was limited to the permissible purposes cited in the motion; requires the certification to be in writing and signed by the presiding chair for inclusion in the open session minutes. Prohibits revealing details of the closed session in the certification. Amends GS 143-318.10 to make the certification public record. Applies to open meetings held on or after October 1, 2022.
Changes the act's titles.
House committee substitute to the 2nd edition makes the following changes.
Section 1
Eliminates proposed changes to make the language of GS 74C-17(b) and (d) of Article 1, Private Protective Services Board, GS Chapter 74C gender neutral, as substantively similar changes were made to the statute by SL 2021-84. Incorporates the amendments of SL 2021-84 in the lead-in language of Section 1.
Changes the effective date of the proposed changes to Article 1, GS Chapter 74C, from October 1, 2021, to October 1, 2022.
Section 2
Changes the effective date of new GS 74C-3(c), which provide licensure exemptions under Article 1 for licensed private investigator or permitted trainee licensed before December 31, 2021. Makes the provisions effective January 1, 2023 (was, January 1, 2022).
Section 3
Changes the effective date of the proposed changes to GS 14-269.3(b)(4), regarding carrying weapons into assemblies and establishments serving alcoholic beverages by persons registered as a security guard, or hired by the owner, lessee, or person or organization sponsoring the event or a person employed by an entity licensed under GS 74C-2 who is hired by the owner, lessee, or person or organization sponsoring the event, making the changes effective December 1, 2022 (was, from December 1, 2021).
House committee substitute replaces the content of the 3rd edition with the following.
Renames Article 9C, GS Chapter 115C, as Schools for Deaf and Blind Students (was, Schools for Students with Visual and Hearing Impairments). Amends the Article as follows.
Enacts GS 115C-150.10 to provide eight defined terms applicable to the Article. Defines school to include the Governor Morehead School for the Blind (school for the blind), and the Eastern NC School for the Deaf and the NC School for the Deaf (school for the deaf). Defines school for the deaf and blind to include the same three schools.
Replaces the content of GS 115C-150.11. Grants the State Board of Education (State Board) general supervision over the schools for the deaf and blind (schools). Requires the State Board to establish equivalent service areas for each school for the deaf that cover the entire state with consideration of geographic proximity and population of service areas. Charges the State Board with evaluating the effectiveness of the schools for the deaf and blind and measuring the educational performance and growth of students placed in each school through a flexible accountability system. Subjects boards of trustees for the schools for the deaf and blind to rules adopted by the State Board pursuant to GS Chapter 150B. Houses the schools within the Department of Public Instruction (DPI) for purposes of public fund distribution, but provides for independent operation of the schools by each board of trustees (currently, DPI is the sole governing body for the Governor Morehead School for the Blind, the Eastern NC School for the Deaf, and the NC School for the Deaf, with the Superintendent of Public Instruction responsible for administration, including staffing and oversight). Requires DPI to include employees of the schools in coverage for professional liability policies purchased by DPI for its employees and facilitate the purchase of other insurance policies for those schools. Requires DPI to provide services, support, and assistance to schools in the same manner and degree as for a local administrative unit on all other matters.
Repeals GS 115C-150.12, which sets the Article's scope to include all schools governed by the Article.
Enacts GS 115C-150.12A, requiring each school to be governed by a separate board of trustees. Sets board membership to include five voting members appointed by the NCGA and the Governor, and two nonvoting members, including the president or a designee of the respective alumni association, and an appointee of the DHHS Secretary following consultation with the Division of Services for the Deaf and Hard of Hearing or the Division of Services for the Blind, as appropriate. Provides for four-year terms. Details member qualifications, declarations and filling of vacancies, and board meetings, procedures, ethics, and leadership. Requires all members to receive at least 12 hours of training every two years, provided by the UNC School of Government or other qualified sources at the choice of the board.
Enacts GS 115C-150.12B, requiring each board of trustees to appoint a school director to act as secretary to the board and manage the daily operations of the school, along with other board prescribed duties. Deems the director equivalent to a school superintendent and subject to the duties of a superintendent under Article 18. Charges the director with recommending school personnel to the board and the supervision of school administrative staff. Requires the board to employ and provide salary and benefits for a principal, teachers, and other employees pursuant to relevant GS Chapter 115C Articles specified. Deems all employees of the schools State employees. Requires school personnel to be paid in accordance with the appropriate State salary schedule for local school administrative unit personnel, with personnel eligible for bonuses paid to local unit personnel to the extent that the school for the deaf and blind personnel meet all qualifications other than the employer. Deems the board responsible for providing human resources and employment-related services for the school, with discretion to delegate some or all of this authority to the director or the director of human resources.
Enacts GS 115C-150.12C, directing a board of trustees to adopt necessary rules for the administration of the school to implement the Part (appears to intend Article 9C). Details 36 powers and duties of boards, including duties relating to providing a sound basic education, complying with federal law and policies relating to the education of children with disabilities, accepting and administering any federal or private funds or assistance, and complying with state school safety requirements. Includes authority to provide preschool programs. Exempts the board from rulemaking procedures of Article 2A, GS Chapter 150B.
Repeals GS 115C-150.13, which requires the State Board to adopt rules for DPI to implement the Article, pursuant to GS Chapter 150B.
Enacts GS 115C-150.13A, requiring schools for the deaf and blind to admit students in accordance with criteria, standards, and procedures established through rules adopted by the board subject to: five listed considerations a board's eligibility criteria must include, including parental input and choice, and four required components of a board's admission procedure, including an admission committee to make recommendations, with a final admission decision resting with the director or a designee. Allows for either temporary assignment or education program assignment admission statuses, as described. Provides for disenrollment due to reevaluation of eligibility criteria by the admission committee. Deems the local unit or charter school to have the initial responsibility of identifying and evaluating the special education needs of a student and providing a special education program and related services pursuant to Article 9. Makes the school for the deaf and blind responsible for providing a free appropriate public education if a parent submits an application to the school for enrollment and the child is determined to meet the eligibility criteria, subject to continued eligibility; transfers the responsibility back to the local unit or charter school immediately upon a determination of a child's subsequent ineligibility. Encourages parents to seek mediation under Article 9 in resolving disputes regarding eligibility determinations or an individualized education program (IEP) prior to seeking a due process hearing under Article 9. Allows parents to seek an impartial due process hearing following a final determination of eligibility by a director, with the student's stay put placement to be the local unit or charter school.
Replaces the provisions of GS 115C-150.14 to now provide for free tuition, and free room and board at the election of the parent, for education programs provided by the schools for state residents (previously provided for free tuition and room and board). Enacts GS 115C-150.14A, authorizing schools to enroll nonresident students, defined as out-of-state students and foreign exchange students, in the education program who otherwise meet eligibility criteria at the full, unsubsidized per capita cost for the period of the student's attendance, including tuition, and room and board if elected (previously, GS 115C-150.14 allowed for admitting foreign exchange students only). Requires schools that seek to enroll nonresident students to submit a plan prior to enrollment to the board for approval. Includes defined terms.
Amends GS 115C-150.15 as follows. Requires local superintendents to provide written consent requests, as now stated, along with any information materials provided by the school for the blind and school for the deaf in the relevant service area (previously not included), to parents or custodians (was, parents, guardians, or custodians) of any children who are deaf or hard of hearing or blind or visually impaired by October 1 annually, requesting consent for the release of contact information and hearing or vision status to the schools so they can send information on services offered. Makes conforming and technical changes. Adds a new subsection to direct a superintendent or similar authority to share with a school director a copy of all current evaluation data and a copy of the current or proposed IEP for any enrolled child identified as a child with a disability who is deaf, hard of hearing, blind, or visually impaired, upon the written request of the child's parent or custodian of a student who has applied to a school for the deaf or school for the blind.
Enacts GS 115C-150.16, exempting schools for the deaf and blind from the Chapter's requirements except as otherwise provided. Deems schools a State agency, subject to all requirements for State agencies except as provided. Specifies that schools are not considered local school administrative units.
Makes conforming changes to GS 115C-5 and GS 115C-105.51.
Exempts employees of a school for the deaf or blind from the provisions of the State Human Resources Act, except Articles 6 and 7 of GS Chapter 126 relating to equal employment and private personnel records.
Amends GS 138-5, capping compensation of school board of trustee members at $50 per diem for attending trustee meetings or performing related duties.
Explicitly exempts the schools from the Administrative Procedure Act, GS Chapter 150B, as set out in GS 150B-1.
Repeals Section 10, SL 2013-247, which authorizes DPI to reorganize staffing of the schools, and Section 8.15(b), SL 2013-360, which requires DPI to retain all proceeds generated from the rental of building space on the residential school campuses and use receipts generated only to staff and operate the schools.
Makes the above provisions effective July 1, 2023.
Directs the State Board to adopt rules by August 4, 2022, applicable for the 2022-23 school year only, for eligibility criteria, standards, and procedures for the schools' admissions following consultation with the Superintendent of Public Instruction and school directors, subject to requirements and considerations identical to those required of board rules under Article 9C, GS Chapter 115C, as amended. Exempts this rulemaking from Article 2A, GS Chapter 150B.
Directs DPI to continue its administrative duties and responsibilities for the schools subject to Article 9, GS Chapter 115C, as of June 30, 2023, until the board of trustees for each school has successfully transitioned into the administrative role, no later than October 1, 2023.
Directs DPI to retain the proceeds generated from any water or other utility easement on the campus of the school for the blind and allocated receipts to the school for the blind, less 5% to the Department of Administration for the cost of processing the transaction, during the 2022-23 fiscal year only. Limits use of the receipts to general operations of the school beginning with the 2023-24 school year. Specifies the school's revenue code.
Requires appointment of the initial members of the boards of trustees for the schools by November 1, 2022, to take office effective January 1, 2023. Provides for legislative appointment pursuant to vacancy appointment procedures if the NCGA is adjourned to a date certain that is more than 20 days after the date of adjournment when the act becomes law. Sets staggered terms of initial appointees, with terms expiring June 30, 2025, or June 30, 2027. Provides for four-year terms for subsequent appointees.
Requires the director of each school to call the initial meeting of each board by January 15, 2023.
Directs DPI to collaborate with personnel and boards of the schools to develop a transition plan for the change in school administration, effective July 1, 2023. Requires DPI to provide an initial report by December 15, 2022, and a final report by March 15, 2022, to the specified NCGA committee on the plan. Lists three required components of the plan, including an estimate of the administrative costs of the schools for DPO over the prior three school years.
Changes the act's titles.
Senate amendment to the 1st edition makes the following changes. Deletes the act's whereas clauses. Provides that the Senate confirms Eddie Buffaloe as Secretary of the Department of Public Safety (previously, required consideration of the individual's confirmation). Change the act's long title.
| Intro. by Rabon. | SENATE RES |
Senate amendment to the 1st edition makes the following changes. Deletes the act's whereas clauses. Provides that the Senate confirms Kody Kinsley as Secretary of the Department of Health and Human Services (previously, required consideration of the individual's confirmation). Change the act's long title.
| Intro. by Rabon. | SENATE RES |
The Daily Bulletin: 2022-06-29
House committee substitute to the 1st edition makes the following changes.
Adds clarifying language to the terms proposed in Section 8, SL 1989-292 to specify that the terms provided for members elected in 2024, 2026, and 2028 are to implement staggered terms for members of the Granville County Board of Education. Makes a technical change concerning members elected in 2024. Makes technical and clarifying changes to the effective date provisions.
| Intro. by Garrison. | UNCODIFIED, Granville |
The Daily Bulletin: 2022-06-29
Actions on Bills: 2022-06-29
H 83: REV. LAWS TECH., CLARIFYING, & ADMIN. CHANGES. (NEW)
H 103: 2022 APPROPRIATIONS ACT (NEW).
H 211: SOCIAL DISTRICT/COMMON AREA CLARIFICATIONS. (NEW)
H 219: AMEND ENVIRONMENTAL LAWS. (NEW)
H 277: THE SAVE ACT.
H 327: VARIOUS ADMINISTRATIVE LAW CHANGES. (NEW)
H 332: HISTORIC SITES-PROPERTY SALE REVENUE.
H 560: PUBLIC SAFETY REFORM.
H 607: VARIOUS COURT CHANGES. (NEW)
H 615: JORDAN'S LAW. (NEW)
H 619: WESTON'S LAW. (NEW)
H 674: REQUIRE DNA VARIOUS CONVICT'NS/OTHER MATTERS. (NEW)
H 768: 2022 ABC OMNIBUS. (NEW)
H 791: LIC. COUNSELORS COMPACT/DHHS CONTRACTING. (NEW)
H 807: UNIFORMED HEROES VOTING ACT.
H 823: CHILD ADVOCACY CENTERS/SHARE INFORMATION.
H 1008: SEX OFFENDER/PROBATION/VICTIMS CHANGES. (NEW)
H 1018: GSC BAR ASS'N PROPOSALS/LANDMARK DESIGNATION.
H 1020: CONFIRM REGINA ADAMS/BD OF REVIEW.
H 1021: CONFIRM MYRA GRIFFIN/INDUSTRIAL COMMISSION.
H 1056: RET. & TREASURY ADMIN. CHANGES ACT OF 2022.-AB
H 1058: RET. & TREASURY TECH. CORRECTIONS ACT OF 2022.-AB
H 1068: UNC NON-APPROPRIATED CAPITAL PROJECTS. (NEW)
H 1173: ELECT SBE MEMBERS/SUPER AS CHAIR OF SBE.
S 148: WASTEWATER SYSTEM PERMIT EXTENSION.
S 265: BOND INFO TRANSPARENCY/LGC TOOLKIT II. (NEW)
S 278: PROP./FAM. LAW-REIMBURSE PROP. EXPENDITURES.
S 339: 2022 WRC AMENDMENTS. (NEW)
S 345: PA - TEAM-BASED PRACTICE.
S 346: EXTENDED LEARNING FOR ELECTIVE COURSES. (NEW)
S 372: ELECTRICAL LIC./BLDG. CODE/DEV. REFORM 2022. (NEW)
S 388: QUALIFYING FARMER ZOO SALES TAX EXEMPTION. (NEW)
S 408: RURAL HEALTHCARE ACCESS & SAVINGS PLAN ACT. (NEW)
S 410: OPEN MEETINGS/VARIOUS BOARD ADJ./PUBLIC RECORDS. (NEW)
S 424: PRIVATE PROTECTIVE SRVS. LICENSING MODS.
S 455: CONFORM HEMP WITH FEDERAL LAW. (NEW)
S 470: ABC TECHNICAL AND OTHER CHANGES. (NEW)
S 496: DOI OMNIBUS BILL. (NEW)
S 593: SCHOOLS FOR THE DEAF AND BLIND. (NEW)
S 760: CONFIRM EDDIE BUFFALOE/SECRETARY OF DPS.
S 761: CONFIRM KODY KINSLEY/SECRETARY OF DHHS.
S 762: NORTH CAROLINA FARM ACT OF 2022.
S 766: ORGANIZED RETAIL THEFT.
S 768: GSC TECHNICAL CORRECTIONS 2022/ADDITIONAL TC. (NEW)
Actions on Bills: 2022-06-29
H 995: GREENSBORO DEANNEX/WELDON CITY BD OF ED PAY. (NEW)
H 1004: TROUTMAN CHARTER REVISED & CONSOLIDATED.
H 1012: JACKSONVILLE DEANNEX/SOUTHERN PINES/ETJ. (NEW)
H 1026: NORTH WILKESBORO DEANNEXATION.
H 1035: HOLDEN BEACH/ON-STREET PARKING METER PROCEEDS.
H 1044: BEECH MOUNTAIN AND MORGANTON DEANNEXATIONS. (NEW)
H 1045: MAYLAND CC/BLUE RIDGE HOTEL TRANSFER AUTH.
H 1061: CURRITUCK COUNTY GAME COMMISSION/LICENSING.
H 1065: CLYDE/ANDREWS DEANNEX; VARIOUS LAND TRANSFERS. (NEW)
H 1096: SURF CITY DEANNEXATION.
S 754: NASHVILLE/REVISED & CONSOLIDATED CHARTER.
S 755: CLINTON-SAMPSON COUNTY AIRPORT LEASES.
S 773: GOLDSTON SATELLITE ANNEXATIONS.
S 815: SHELBY/ZEBULON CHANGES. (NEW)
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