Bill Summary for H 482 (2017-2018)

Summary date: 

Jun 28 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 482 (Public) Filed Monday, March 27, 2017
AN ACT TO CLARIFY THE ROLE OF THE COUNTY COMMISSIONERS IN SCHOOL BUILDING ACQUISITION AND TO STUDY THE FINANCIAL COSTS TO THE STATE AND LOCAL SCHOOL ADMINISTRATIVE UNITS OF COMPLIANCE WITH FEDERAL MANDATES RELATED TO THE RECEIPT OF FEDERAL EDUCATION FUNDING AND TO ESTABLISH A JOINT LEGISLATIVE TASK FORCE ON SUDDEN CARDIAC ARREST IN STUDENT ATHLETES; AND TO ALLOW PRO SE REPRESENTATION ON APPEAL; TO CREATE THE CRIMINAL CODE RECODIFICATION COMMISSION; AND TO PROVIDE THAT THE CHIEF DISTRICT COURT JUDGE MAY DELEGATE AUTHORITY TO THE CLERK OF SUPERIOR COURT IN MATTERS RELATING TO JURY SERVICE EXCUSALS; AND TO CLARIFY REQUIREMENTS RELATED TO SEARCH CONSULTANTS FOR OFFICERS OF COMMUNITY COLLEGES.
Intro. by Blackwell.

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Bill summary

Senate amendments make the following changes to the 1st edition:

Amendments 1, 2, and 3 amend the long title.

Amendment 1.

Directs the Department of Public Instruction to study, report, and provide any supporting data to the Fiscal Research Division and the Program Evaluation Division of the General Assembly on the cost of compliance with federal education funding mandates to local school administrative units. Directs the Joint Legislative Program Evaluation Oversight Committee to consider including an evaluation of the cost of compliance with federal education funding mandates for K-12 education in the 2017-18 Work Plan for the Program Evaluation Division, and if included, to report its findings and recommendations to the General Assembly at a date to be determined by the committee.

Creates a 7-member Joint Legislative Task Force on Sudden Cardiac Arrest in Student Athletes (Task Force). Directs the Task Force to study each of four listed topics, including the frequency of sudden cardiac arrest or other heart conditions in student athletes. Provides for the powers, governance, staffing, and compensation of the Task Force. Directs the Legislative Services Officer to assign professional and clerical staff to assist the Task Force. Directs the Directors of Legislative Assistants for the House and Senate to assign clerical support to the Task Force. Directs the Task Force to begin meeting by October 1, 2017. Directs the Task Force to submit a final report on its results by April 1, 2018, with the President Pro Tem. of the Senate, the Speaker of the House, and the Legislative Library. Provides that the Task Force terminates on April 1, 2018, or upon the filing of its final report, whichever comes first.

Amendment 2.

Amends GS 7A-222 (General trial practice and procedure). Provides that a party in a small claim action is not required to obtain legal representation. Effective October 1, 2017.

Amends GS 7A-228 (New trial before magistrate; appeal for trial de novo; how appeal perfected; oral notice; dismissal). Provides that any party in a small claim action appealed for a trial de novo under that statute is not required to obtain legal representation. Effective October 1, 2017.

Establishes a 26-member Criminal Code Recodification Commission (Commission), with members appointed by the President Pro Tem. of the Senate, the Speaker of the House of Representatives, the Governor, the Lieutenant Governor, the North Carolina Chamber Legal Institute, and the Chief Justice, with the chair appointed by the Chief Justice. Directs the Commission to create a fully drafted new criminal code, official commentary to the new code, conversion tables to compare current law to the draft code, and offense grading tables, as specified and according to nine listed standards, including that the Commission eliminate unnecessary, inconsistent, or unlawful provisions in the current code. Provides for seeking funding for the Commission. Directs the Commission to make an interim report no later than December 1, 2018, to the Joint Legislative Oversight Committee on Justice and Public Safety, and to make a final report of its findings and recommendations no later than December 1, 2019, to the Joint Legislative Oversight Committee on Justice and Public Safety and the General Statutes Commission. Provides that the Commission expires upon the submission of its final reports. Directs all agencies, boards, and commissions with the power to establish criminal penalties in the NC Administrative Code to provide the Commission with a list of all criminal penalties currently in effect or pending implementation, by December 1, 2017.

Amends GS 9-6 (Jury service a public duty; excuses to be allowed in exceptional cases; procedure). Authorizes a chief district court judge to delegate the duty to promulgate procedures for receiving, hearing, and passing on applications for excuses from jury duty to the clerk of superior court.

Makes conforming changes to GS 9-6.1 (Requests to be excused).

Amendment 3.

Amends GS 115D-20 (Powers and duties of trustees), as amended. Further prohibits individuals employed by State-level community college boards of trustees associations or organizations from serving as search consultants to assist with the election of a president or chief administrative officer of a community college. Effective July 1, 2017, and applicable to consultant contracts entered into on or after that date.

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