Bill Summary for H 528 (2017-2018)

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Summary date: 

Jun 29 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 528 (Public) Filed Wednesday, March 29, 2017
AN ACT TO MAKE TECHNICAL, CLARIFYING, AND OTHER MODIFICATIONS TO THE CURRENT OPERATIONS APPROPRIATIONS ACT OF 2017.
Intro. by Millis, Torbett.

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Bill summary

Senate amendments make the following changes to the 4th edition.

Amendment #6 adds new Section 2.19, amending Section 7.3(h) of SL 2017-57 (Appropriations Act of 2017). Establishes that a county containing a base of the US Armed Forces that has an average daily membership of more than 23,000 students is to receive whichever is the higher amount in each fiscal year as follows: either the amount of supplemental funding the county received as a low-wealth county in the 2012-13 fiscal year, or the amount of supplemental funding the county is eligible to receive as a low-wealth county pursuant to the formula for distribution of supplemental funding under the other provisions of Section 7.3 of SL 2017-57 (currently, the counties receive the same amount of supplemental funding for low-wealth counties as received in the 2012-13 fiscal year).

Amendment #7 adds new Section 2.10A, amending Section 8.8A(a) of SL 2017-57. Directs the Department of Public Instruction to administer a one-time, lump sum bonus by October 31 of each year of the 2017-19 biennium, in the amount of $385, to any teacher with at least 25 years of teaching experience who is employed as of October 1 of the year the bonus is awarded (currently, does not specify that the teacher must be employed as of October 1 of the year the bonus is awarded).

Amendment #8 adds new Section 5.5, amending Section 18B.9(d) of SL 2017-57. Now provides that in order to implement the provisions of Section 18B.9(c) (amending GS 7A-133), the following applies: (1) the district court judgeship with a term expiring December 31, 2020, serving District 9A is allocated to Judicial District 9, and the judgeship with a term expiring December 31, 2018, currently serving District 9A is allocated to Judicial District 17A of the General Court of Justice effective January 1, 2019, and (2) a vacancy occurring in the district court judgeship with a term expiring December 31, 2018, currently serving District 9A before January 1, 2019, is to be filled by appointment for a term to end December 31, 2018, and a vacancy occurring in the district court judgeship with a term expiring December 31, 2020, currently serving District 9A before January 1, 2019, is to be filled by appointment for a term to end December 31, 2020 (currently, does not distinguish between the differing expiration of judgeships). 

Adds new Section 5.6, amending GS 7A-60(a1) as amended by Section 18B.9(e) of SL 2017-57. Deletes the changes to the prosecutorial districts and the number of full-time assistant district attorneys. Instead, only eliminates District 9A, transferring Person County to District 10 and Caswell County to District 22, and equally splitting the six current full-time assistant district attorneys between each District 10 and 22. 

Explicitly terminates the office and term of the district attorney for Prosecutorial 9A formerly consisting of Person and Caswell counties upon the expiration of the current term, December 31, 2018. Effective January 1, 2019, District 9A is eliminated. Directs that all open investigations and pending cases for Prosecutorial District 9A formerly consisting of Person and Caswell Counties be transferred to either District 10 or District 22. Adds Person County to District 10 and the number of ADAs in that district is increased by three, and adds Caldwell County to District 22 and the number of ADAs in that district is increased by three. Makes conforming changes to repeal Section 18B.9(h) of SL 2017-57. Effective January 1, 2019, and directs that elections conducted in 2018 are to comply with the districts as modified by Section 18B.9.

Amendment #9 adds new Section 5.7, adding Section 18B.13 to SL 2017-57. Authorizes the Administrative Office of the Courts (AOC) to appoint up to two special prosecutors per Council of State member at the member's request to aid local district attorneys' offices in prosecuting cases arising under Article 15 of GS Chapter 14, violations of GS Chapter 58, and violations of GS Chapter 14 as they relate to insurance fraud. Directs AOC to consult with the Conference of District Attorneys in making the appointments. Provides that attorneys appointed as special prosecutors under the program are agency attorneys currently employed in the department of the requesting Council of State member and are to have a physical office space in the local district attorney's office throughout the duration of the special appointment. Directs the special prosecutors to report to the Director of AOC or the director's designee on all cases related to the special appointment. Clarifies that these provisions do not authorize the hiring of additional personnel or outside counsel.

Directs AOC in conjunction with the agencies that utilize the Council of State special prosecutor pilot program to report to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety by April 1, 2018. Requires the report to include the results of the pilot program and recommendations on whether the program should be extended.

Provides that Section 18B.13 expires June 30, 2019, and all pending cases are to remain within the local district attorney's office for prosecution by attorneys employed by that office. 

Amendment #10 adds new Section 6.8, providing that in the 2017 elections, the Executive Director of the Bipartisan Board of Elections and Ethics Enforcement has the authority to reduce the canvass period to whatever amount of time the Executive Director believes necessary in order to ensure orderly elections on the election schedule otherwise required by law. Provides that if the Executive Director shortens the canvass period, the Executive Director is required to provides at least two weeks notice of the new canvass period to the county boards and to the public. Provides that Section 6.8 expires November 7, 2017.