House committee substitute to the 1st edition deletes the entirety of the 1st edition and replaces it with the following. Makes conforming changes to act titles.

Increases the powers and duties of the State Board of Education (Board) under GS 115C-12 by (1) requiring the Board to adopt a rule establishing a medical condition action plan (Plan) to be implemented by each public school unit for each student at risk for a medical emergency as diagnosed by a doctor and (2) requiring the Board, in consultation with the Department of Public Instruction (DPI) and the Department of Health and Human Services (DHHS), to adopt a rule establishing the required response of public school unit employees when a student has a medical emergency not otherwise covered by a medical condition action plan (Medical Emergency Plan). Requires DPI to provide each public school unit with a copy of the rule and each public school unit to implement the rule.

Amends GS 115C-375.1 (pertaining to certain medical care to students) to require each governing body of a public school unit to implement the Plan discussed above. Requires the Plan adopted by the Board to include all of the following: (1) a standard medical condition action plan form; (2) detailed instructions in the medical condition action plan form to ensure that all individuals designated by the principal, or, if there is no principal, the staff member with the highest decision-making authority, to provide medical care for a student at risk for a medical emergency as diagnosed by a doctor, know how to address the medical emergency; and (3) information detailing the method by which and by whom any medical emergency will be handled when the student is at a school-sponsored activity not on the campus of the public school unit, including field trips and interscholastic athletic activities. Changes the entity authorized to allow employees or volunteers to administer medical care, including the Plan, from the board of education or its designee to the governing body of a public school unit or its designee. Requires at least one public school unit employee per school to be trained in first aid and lifesaving techniques, including seizure recognition. Amends the bar on requiring public school unit employees to administer drugs or medications or attend life saving technique trainings to permit school administrators to engage in these activities. Specifies that if a school does not have a principal then the staff member with the highest decision making authority must determine which persons will participate in the medical care program at the beginning of each school year. Amends the provision that provides immunity from civil liability to when authority was given to give emergency health care when reasonably apparent circumstances indicate that any delay would seriously worsen the physical condition or endanger the life of the student. Makes technical, conforming, and organizational changes.   

Authorizes the Board to adopt temporary rules to implement the Plan and other requirements set forth above.

Enacts new GS 115C-47(68) and (69) (local boards of education), and amends GS 115C-218.75 (charter schools), GS 115C-238.66 (regional schools), and GS 116-239.8 (laboratory schools) by requiring these entities to implement the Plan and Medical Emergency Plan adopted by the Board.  

Amends Section 6(d)(2) of SL 2018-32 to make a local board of education with an approved renewal school system plan subject to GS 115C-47(68) and (69).

Applies beginning with the 2023-24 school year.

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

Amends proposed new GS 126-8.6 by amending the actions the State Human Resources Commission (Commission) must take to now require the actions be taken by the Office of State Human Resources, under the Commission's oversight and requires that the actions be performed pursuant to the process for establishing reasonable qualifications for each class of positions in GS 126-4(3). Makes the following changes to the actions that must be taken. Requires determining when practical experience and training is appropriate to make equivalent to an academic degree in the positions' qualifications (was, determine when practical experience and training is appropriate qualification for a position); amends the listed types of experience and training to be considered to also include directly related on-the-job experience, and a certification from a Comprehensive Transition and Postsecondary Education program. Expands upon the requirements to identify jobs for which educational, experiential, and training requirements could be reduced from their present levels to also include jobs for which knowledge, skill, and ability requirements could be made less specific. Requires removing requirements for an academic degree (was, remove language for a four-year college degree in position descriptions), to the extent practicable, when an academic degree is not necessary for the position.

House committee substitute to the 1st edition makes the following changes. Deletes proposed new GS 115C-315(d2) and language repealing GS 115C-315(d1). Instead, amends GS 115C-315(d1) to allow licensed registered nurses with at least two years' experience serving in a hospital or health clinic to be employed as a school nurse. Prohibits requiring these nurses to possess or promise to obtain any other certification or license as a condition of serving as a school nurse. Requires such registered nurses not certified by a national organization recognized by the State Board of Education (State Board) who are employed by the unit's governing body to be paid under the noncertified school nurse pay scale established by the State Board. Deletes outdated language and reference to specific nursing associations. Makes conforming changes to act’s long title.

 

Enacts new GS 95-9.2 requiring employers to post a printed notice of the law in relation to veterans' benefits in North Carolina in a conspicuous place in every room where five or more persons are employed. Requires the Commissioner of Labor to provide a digital form of the notice on its website or provide the printed notice upon request. Sets out the information that must be included in the notice. Requires the Department of Labor to consult with the Department of Military and Veterans Affairs to create and distribute the veterans' benefits and services poster.

Appropriates $280,000 for 2023-24 from the General Fund to the Department of Health and Human Services, Division of Child Development and Early Education (Division), to be allocated equally to Wake County Smart Start and the Richmond County Partnership for Children to establish the Strong Minds pilot program. The pilot will use community health workers to support the mental health of caregivers of children from birth through 5 years old. Requires a report on the pilot to the specified NCGA committee and division by September 30, 2024. Specifies what must be included in the report. Effective July 1, 2023.

Includes whereas clauses.

Adds new Part 2L to Article 10 of GS Chapter 143B, known as the North Carolina Small Business Retirement Savings Program (Program). Sets out and defines terms that are used in the Program. Defines a covered employer as a person or entity engaged in a business, industry, profession, trade, or other enterprise in the state, whether for profit or not for profit and provided that the covered employer does not include an employer that maintains a specified tax-favored retirement plan for its employees or has done so effective in form and operation at any time within the current or two preceding calendar years; excludes the federal government, the State, any county, any municipality, or any political subdivision of the State. Defines a participating employer as a covered employer that provides for covered employees a payroll deduction IRA provided for by this Article.

Establishes the 12-member North Carolina Small Business Retirement Savings Board (Board) housed for administrative purposes in the Department of Commerce (Department). Provides that 10 members are voting and two are nonvoting advisory members, with initial appointments to be made by October 1, 2023. Provides for the appointment of members; members serve for four-year terms  (except as specified for initial members) with terms staggered. Requires the Governor to convene the first meeting of the Board by October 15, 2023. Provides for electing a chair and appointing vacancies. Sets out the Board's 20 duties, including: (1) design, develop, implement, maintain, govern, and promulgate rules with respect to a payroll deduction retirement savings program for covered employers and, to that end conduct market, legal, and feasibility analyses; (2) develop and implement an investment policy that meets specified requirements, that defines the Program's investment objectives, consistent with the objectives of the Program, and that provides for policies and procedures consistent with those investment objectives; (3) adopt rules it deems necessary or advisable for the implementation of this Article and the administration and operation of the Program; (4) invest and reinvest funds in the Administrative Fund in accordance with applicable State and federal laws; and (5) evaluate the need for, and procure if and as deemed necessary, pooled private insurance against any and all loss in connection with the property, assets, or activities of the Program. Prohibits a Board member, executive director, and other Board staff from: (1) having any interest in the making of any investment under the Program or in gains or profits accruing from any such investment; (2) borrowing any Program-related funds or deposits or use any such funds or deposits in any manner, for himself or herself or as an agent or partner of others; or (3) becoming an endorser, surety, or obligor on investments made under the Program. Sets out provisions governing the standard of conduct for Board members and Program staff.

Sets out 20 requirements that the Program must meet, including: (1) provide a process to facilitate voluntary enrollment into the Program for covered employers, covered employees, and self-employed persons; (2) provide that the IRA to which contributions are made will be a Roth IRA, with the Board allowed to add an option for participants to affirmatively elect to contribute to a traditional IRA as an alternative to the Roth IRA; (3) provide that the standard package must be a Roth IRA with a target date fund investment, and a contribution rate that begins at 5% of salary or wages; (4) provide for a uniform annual increase in the participant's contribution rate of up to 1%; (5) allow a covered employer to withhold payroll deductions from a covered employee's paycheck for making a covered employee contribution to the Program funds; (6) include an account status notification process for covered employees to be notified about and track their investments; and (7) ensure that the Program is designed to be financially self-sustaining over time. 

Requires the Board to adopt rules on four specified items related to implementing the Program, including conducting outreach to individuals, employers, other stakeholders, and the public regarding the Program.

Provides covered employers with protection from liability in six specified areas, including an employee's decision to participate in or not to participate in the Program or a participant's specific elections under the Program; participants' or the Board's investment decisions; and any loss, failure to realize any gain, or any other adverse consequences incurred by any person as a result of participating in the Program.

Provides that the State has no duty or liability to any party for the payment of any retirement savings benefits accrued by any individual under the Program and sets out additional protections.

Prohibits disclosing, except in specified circumstances, individual account information relating to accounts under the Program and relating to individual participants including, but not limited to, specified information such as email addresses, personal identification information, investments, contributions, and earnings. Makes these items confidential and specifies they are not public record.

Establishes the North Carolina Small Business Retirement Savings Administrative Fund (Fund) with moneys in the Fund continuously appropriated to the Board. Provides that the Fund consists of (1) moneys appropriated to the Fund by the NCGA; (2) moneys transferred to the Fund from the federal government, other State agencies, or local governments; (3) moneys from the payment of application, account, administrative, or other fees and payment of money due to the Board; (4) gifts, donations, or grants made to the State for deposit in the Fund; and (5) earnings on moneys in the Fund.

Requires the Board to submit an annual report to the Governor and specified NCGA committee; specifies the required content of the report. Requires an annual audit of the Board's books and accounts.

Requires the Board to establish the Program so that individuals can begin contributing under the Program no later than July 1, 2025. Prohibits the Board from implementing the Program if and to the extent the Board determines that the Program is preempted by ERISA; sets out how the Program is to implemented in that situation. 

Appropriates $400,000 for 2023-24 and $600,000 for 2023-24 from the General Fund to the Department of Commerce to be allocated to the Board and used to: (1) enable or facilitate the start-up and continuing operation, maintenance, administration, and management of the Program until the Program accumulates sufficient balances and can generate sufficient funding through fees assessed on Program accounts for the Program to become financially self-sustaining and (2) hire an individual to serve as the initial executive director (prohibits the individual filling the position from being considered a State employee).

Effective July 1, 2023.

Enacts GS 115C-81.90 (requiring music education in elementary school) and GS 115C-81.91 (requiring visual arts education in elementary school), requiring instruction in music/visual arts that aligns with the Standard Course of Study for all students in kindergarten through grade five. Requires each course to meet the following four criteria: (1) occur at least one instructional day out of every five instructional days; (2) taught by a licensed music or visual arts teacher, depending on the subject matter; (3) instructional sessions must last at least 30 consecutive minutes; and (4) instructional sessions must be given to classes no larger than the maximum instructional session for each grade, as provided by law. Applies beginning with the 2024-25 school year. 

Requires the Department of Health and Human Services, Division of Health Benefits (DHB), to develop and implement a plan to work with the Department of Public Instruction, local education administrative units, and local management entities/managed care organizations (LMEs/MCOs) to increase awareness of school-based health services, beyond Individualized Education Program (IEP) services, that are reimbursable under North Carolina's Medicaid State Plan. Requires the plan to include assessing the feasibility of enhanced rates and other mechanisms that encourage private agencies to provide school-based health services to students who are receiving (or eligible for) Medicaid benefits. Requires the plan and recommended legislative changes to be submitted to the specified NCGA committee and chairs by August 1, 2024.

Requires DHB, by March 1, 2025, to submit an interim report on the success of the Integrated Care for Kids (InCK) Medicaid pilot program to the Joint Legislative Oversight Committee on Medicaid and NC Health Choice. Sets out required minimum elements of the evaluation. Requires DHB to submit a final report on the program that includes updates on that same information and any legislative recommendations by March 1, 2027.

Appropriates $200,000 in nonrecurring funds from the General Fund to the Office of State Budget and Management for a directed grant to Spring Lake, as title indicates. Effective July 1, 2023.

Repeals GS 95-79, which made illegal (1) an agreement between an employer and any labor union or labor organization where persons who were not members are denied the right to work for the employer, where membership is a condition of employment, or where the union or organization acquires an employment monopoly in any enterprise or (2) any provision that conditions the purchase of agricultural products, the terms of an agreement for the purchase of agricultural products, or the terms of an agreement not to sue or settle litigation upon an agricultural producer's status as a union or nonunion employer or entry into or refusal to enter into an agreement with a labor union or labor organization. Amends GS 95-78 to make it the State's public policy that the right of persons to work must not be denied or abridged (was, denied or abridged on account of membership or non-membership in any labor union or labor organization or association). Also declares it to be public policy that the rights of labor organizations and associations to enter into labor agreements must not be denied or abridged.

Makes conforming deletions of GS 95-80 (prohibiting membership in labor organizations as a condition of employment) and GS 95-82 (prohibiting payment of dues as a condition of employment).

Amends GS 95-83 by making conforming and clarifying changes.

Repeals Article 12 of GS Chapter 95, concerning units of government and labor unions, trade unions, and labor organizations, and public employee strikes.

Appropriates $2.5 million for 2023-24 from the General Fund to the Office of State Budget and Management for a directed grant to the City of Concord for the replacement of the Lincoln Street Bridge.

Appropriates $1,800,100 for 2023-24 from the General Fund to the Office of State Budget and Management for a directed grant to WeBuild Concord to assist with infrastructure costs for the Lincoln Townhome Project. 

Effective July 1, 2023.

Appropriates $300,000 for 2023-24 from the General Fund to the Office of State Budget and Management for a directed grant to Gates County to be used by the Sheriff's Office for the specified purposes. Effective July 1, 2023.

Appropriates $82,347,028 in recurring funds from the General Fund to the Department of Public Instruction to be used as title indicates. Effective July 1, 2023.

To be summarized.