GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
S 5
SENATE BILL 469
Second Edition Engrossed 4/25/17
House Committee Substitute Favorable 6/22/17
House Committee Substitute #2 Favorable 6/27/17
House Committee Substitute #3 Favorable 12/4/18
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Short Title: Technical Corrections. |
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Sponsors: |
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Referred to: |
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March 30, 2017
A BILL TO BE ENTITLED
AN ACT to make various technical, clarifying, and CONFORMING CHANGES to the general statutes and session laws.
The General Assembly of North Carolina enacts:
cable service franchises/repeal annual service report
SECTION 1.(a) G.S. 66‑353 is repealed.
SECTION 1.(b) This section is effective when it becomes law and applies to annual service reports required to be filed on or after that date.
clarify use of grant funds
SECTION 2.(a) Notwithstanding any provision of S.L. 2018‑5 or the Committee Report described in Section 39.2 of that act to the contrary, the funds provided to Dragonfly House in Fund Code 1331 shall be allocated to the Davie County Sheriff's Office to be provided to Dragonfly House Children's Advocacy Center, Inc., in Mocksville, North Carolina.
SECTION 2.(b) Notwithstanding any provision of S.L. 2018‑5 or the Committee Report described in Section 39.2 of that act to the contrary, the grant‑in‑aid provided to Patriot's Charity in Fund Code 1100 shall be provided to Patriot Military Family Foundation.
SECTION 2.(c) Section 26.3 of S.L. 2018‑5, as amended by Section 6.1 of S.L. 2018‑97, reads as rewritten:
"STATE BUDGET AND MANAGEMENT SPECIAL PROVISIONS
"SECTION 26.3. Of the funds appropriated in this act to the Office of State Budget and Management, Special Appropriations, the sum of three million one hundred sixty‑five thousand three hundred seven dollars ($3,165,307) in nonrecurring funds for the 2018‑2019 fiscal year shall be allocated as follows:
(3) To provide law enforcement grants‑in‑aid to the following local governments:
b. $15,000 to the Bryson
City Police Fire Department for a K‑9 transport unit.equipment
upgrades.
."
SECTION 2.(d) Section 15.9 of S.L. 2018‑5, as amended by Section 4.6 of S.L. 2018‑97, is amended by adding a new subsection to read:
"SECTION 15.9.(f) Notwithstanding any other provision of law or a provision of the Committee Report described in Section 39.2 of this act to the contrary, the grant‑in‑aid in the amount of seven hundred thousand dollars ($700,000) provided to the Town of Cedar Point for downtown revitalization in Section 15.8(a) of this act shall instead be provided to Carteret County for economic development purposes."
expand principal bonus multiplier eligibility
SECTION 3.(a) Section 8.3(a) of S.L. 2018‑5 reads as rewritten:
"SECTION 8.3.(a) The Department of Public Instruction shall administer a bonus in the 2018‑2019 fiscal year to any principal who supervised a school as a principal for a majority of the previous school year if that school was in the top fifty percent (50%) of school growth in the State during the previous school year, calculated by the State Board pursuant to G.S. 115C‑83.15(c), as follows:
2018‑2019 Principal Bonus Schedule
Statewide Growth Percentage Bonus
Top 5% $10,000
Top 10% $7,500
Top 15% $5,000
Top 20% $2,500
Top 50% $1,000.
A principal who qualifies for a
bonus pursuant to this subsection and supervised a school with an overall
school performance grade, as calculated by the State Board pursuant to
G.S. 115C‑83.15(d), of D or F for a majority of the 2017‑2018
school year either of the following school years shall qualify for a
bonus of twice the amount listed in the 2018‑2019 Principal Bonus Schedule.Schedule:
(1) The 2016‑2017 school year, if the principal supervised the same school for a majority of the 2016‑2017 and 2017‑2018 school years.
(2) The 2017‑2018 school year.
A principal shall receive no more than one bonus pursuant to this subsection. The bonus shall be paid at the highest amount for which the principal qualifies."
SECTION 3.(b) A bonus payment provided in accordance with this section shall be considered an additional payment of the bonus the principal received pursuant to Section 8.3 of S.L. 2018‑5 and not a new, separate, or second bonus under that section.
SECTION 3.(c) Notwithstanding Section 8.3(f) of S.L. 2018‑5, bonus payments provided in accordance with this section shall be paid no later than December 31, 2018, to qualifying principals employed as of October 1, 2018.
small Wireless facilities/exempt from certain fees imposed by cities
SECTION 4.(a) G.S. 160A‑400.54(e) reads as rewritten:
"(e) A Subject
to the limitations provided in G.S. 160A‑296(a)(6), a city may
charge an application fee that shall not exceed the lesser of (i) the actual,
direct, and reasonable costs to process and review applications for collocated
small wireless facilities; (ii) the amount charged by the city for permitting
of any similar activity; or (iii) one hundred dollars ($100.00) per facility
for the first five small wireless facilities addressed in an application, plus
fifty dollars ($50.00) for each additional small wireless facility addressed in
the application. In any dispute concerning the appropriateness of a fee, the
city has the burden of proving that the fee meets the requirements of this
subsection."
SECTION 4.(b) G.S. 160A‑400.54(f) reads as rewritten:
"(f) A Subject
to the limitations provided in G.S. 160A‑296(a)(6), a city may
impose a technical consulting fee for each application, not to exceed five
hundred dollars ($500.00), to offset the cost of reviewing and processing
applications required by this section. The fee must be based on the actual,
direct, and reasonable administrative costs incurred for the review, processing,
and approval of an application. A city may engage an outside consultant for
technical consultation and the review of an application. The fee imposed by a
city for the review of the application shall not be used for either of the
following:
(1) Travel expenses incurred in the review of a collocation application by an outside consultant or other third party.
(2) Direct payment or reimbursement for an outside consultant or other third party based on a contingent fee basis or results‑based arrangement.
In any dispute concerning the appropriateness of a fee, the city has the burden of proving that the fee meets the requirements of this subsection."
technical corrections/assistant district attorney allocation and Number of Judicial Divisions
SECTION 5.(a) Section 3(c) of S.L. 2018‑121 reads as rewritten:
"SECTION 3.(c) The
merging of Montgomery County into Prosecutorial District 28, as enacted by this
section, becomes effective January 1, 2019. All open investigations and pending
cases in Montgomery County are transferred to Prosecutorial District 28,
effective January 1, 2019. The total number of ADAs in District 28 is nine.six."
SECTION 5.(b) G.S. 1‑267.1 reads as rewritten:
"§ 1‑267.1. Three‑judge panel for actions challenging plans apportioning or redistricting State legislative or congressional districts; claims challenging the facial validity of an act of the General Assembly.
(b) Whenever any person
files in the Superior Court of Wake County any action challenging the validity
of any act of the General Assembly that apportions or redistricts State
legislative or congressional districts, a copy of the complaint shall be served
upon the senior resident superior court judge of Wake County, who shall be the
presiding judge of the three‑judge panel required by subsection (a) of
this section. Upon receipt of that complaint, the senior resident superior
court judge of Wake County shall notify the Chief Justice, who shall appoint
two additional resident superior court judges to the three‑judge panel of
the Superior Court of Wake County to hear and determine the action. Before
making those appointments, the Chief Justice shall consult with the North
Carolina Conference of Superior Court Judges, which shall provide the Chief
Justice with a list of recommended appointments. To ensure that members of the
three‑judge panel are drawn from different regions of the State, the
Chief Justice shall appoint to the three‑judge panel one resident
superior court judge from the First through Fourth Third Judicial
Divisions and one resident superior court judge from the Fifth Fourth
through Eighth Fifth Judicial Divisions. In order to ensure
fairness, to avoid the appearance of impropriety, and to avoid political bias,
no member of the panel, including the senior resident superior court judge of
Wake County, may be a former member of the General Assembly. Should the senior
resident superior court judge of Wake County be disqualified or otherwise
unable to serve on the three‑judge panel, the Chief Justice shall appoint
another resident superior court judge of Wake County as the presiding judge of
the three‑judge panel. Should any other member of the three‑judge
panel be disqualified or otherwise unable to serve on the three‑judge
panel, the Chief Justice shall appoint as a replacement another resident
superior court judge from the same group of judicial divisions as the resident
superior court judge being replaced.
(b2) For each challenge to the
validity of statutes and acts subject to subsection (a1) of this section, the
Chief Justice of the Supreme Court shall appoint three resident superior court
judges to a three‑judge panel of the Superior Court of Wake County to
hear the challenge. The Chief Justice shall appoint a presiding judge of each
three‑judge panel. To ensure that members of each three‑judge panel
are drawn from different regions of the State, the Chief Justice shall appoint
to each three‑judge panel one resident superior court judge from the First,
Second, or FourthFirst or Second Judicial Division, one resident
superior court judge from the Seventh or EighthThird or Fourth
Judicial Division, and one resident superior court judge from the Third,
Fifth, or SixthFifth Judicial Division. Should any member of a three‑judge
panel be disqualified or otherwise unable to serve on the three‑judge
panel or be removed from the panel at the discretion of the Chief Justice, the
Chief Justice shall appoint as a replacement another resident superior court
judge from the same group of judicial divisions as the resident superior court
judge being replaced.
."
law enforcement officers/technical correction to retirement dates
SECTION 6.(a) G.S. 135‑5(b19), as amended by S.L. 2018‑22, Section 3(b), reads as rewritten:
"(b19) Service Retirement
Allowance of Members Retiring on or After July 1, 2002, but Before July 1,
2018. 2019. Upon retirement from service in accordance with
subsection (a) or (a1) of this section, on or after July 1, 2002, but before
July 1, 2018, 2019, a member shall receive the following service
retirement allowance:
."
SECTION 6.(b) G.S. 135‑5(b21), as enacted by S.L. 2018‑22, Section 3(c), reads as rewritten:
"(b21) Service Retirement
Allowance of Members Retiring on or After July 1, 2018. 2019.
Upon retirement from service on or after July 1, 2018, 2019, in
accordance with subsection (a) or (a1) of this section, a member shall receive
the following service retirement allowance:
."
SECTION 6.(c) G.S. 128‑27(b21), as amended by S.L. 2018‑22, Section 3(f), reads as rewritten:
"(b21) Service Retirement
Allowance of Member Retiring on or After July 1, 2003, but Before July 1, 2018.2019.
Upon retirement from service in accordance with subsection (a) or (a1) above,
on or after July 1, 2003, but before July 1, 2018, 2019, a member
shall receive the following service retirement allowance:
."
SECTION 6.(d) G.S. 128‑27 as enacted by S.L. 2018‑22, Section 3(g), reads as rewritten:
"(b22) Service Retirement
Allowance of Member Retiring on or After July 1, 2018.2019.
Upon retirement from service in accordance with subsection (a) or (a1) of this
section, on or after July 1, 2018, 2019, a member shall receive
the following service retirement allowance:
."
SECTION 6.(e) This section becomes effective July 1, 2019.
technical correction/incorrect internal cross‑reference
SECTION 7. G.S. 58‑51‑37(l) reads as rewritten:
"(l) An insurer's
use of a lock‑in program developed pursuant G.S. 58‑51‑37to
G.S. 58‑51‑37.1 is not a violation of this section."
technical corrections/human trafficking restorative justice effective dates
SECTION 8.(a) Section 2(b) of S.L. 2018‑75 reads as rewritten:
"SECTION 2.(b) This
section becomes effective December 1, 2018.2018, and applies to
offenses committed on or after that date."
SECTION 8.(b) Section 3(b) of S.L. 2018‑75 reads as rewritten:
"SECTION 3.(b) This
section becomes effective December 1, 2018.2018, and applies to
offenses committed on or after that date."
SECTION 8.(c) Section 4(b) of S.L. 2018‑75 reads as rewritten:
"SECTION 4.(b) G.S. 14‑43.20(b),
as amended by subsection (a) of this section, becomes effective December 1,
2018, and applies to offenses committed on or after that date. G.S. 14‑43.20(f),
as enacted by subsection (a) of this section, becomes effective December 1,
2018, and applies to orders for restitution entered on or after that date. The
remainder of this section becomes effective December 1, 2018.2018,
and applies to offenses committed on or after that date."
SECTION 8.(d) Section 5 of S.L. 2018‑75 is repealed.
SECTION 8.(e) Section 10 of S.L. 2018‑75 reads as rewritten:
"SECTION 10. Section 1 of this act becomes effective December 1, 2018, and applies to offenses committed on or after that date. Except as otherwise provided, this act is effective when it becomes law."
clarify requirements for non‑state entities to receive state funds under certain appropriations acts
SECTION 9.(a) Section 6.2 of S.L. 2018‑5 reads as rewritten:
"NON‑STATE
ENTITIES/REPORT AND REVERSION REQUIREMENTS FOR RECEIVING FUNDS
"SECTION 6.2.(d) No Certification Required. Notwithstanding any rule or regulation to the contrary, a State agency administering funds appropriated in this act or S.L. 2017‑57 for a non‑State entity subject to the requirements of G.S. 143C‑6‑23 shall not require submission of any documentation attesting or certifying (i) that it is an organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code or (ii) that it is a nonprofit organization, unless State statute or federal law specifically requires such attestation or certification."
SECTION 9.(b) The Office of State Budget shall review its rules governing disbursement of State funds to non‑State entities to determine if its rules are in compliance with the requirements set forth in G.S. 143C‑6‑23. By March 1, 2019, the Office of State Budget and Management shall submit the findings of the review required under this subsection to the Fiscal Research Division and the chairs of the House of Representatives Committee on Appropriations and the Senate Appropriations/Base Budget Committee.
grant‑in‑aid to veterans life home/clarification
SECTION 10. Section 19.4 of S.L. 2018‑5, as enacted by Section 6.5 of S.L. 2018‑97, reads as rewritten:
"PROVIDE GRANT‑IN‑AID TO VETERANS LIFE HOME
"SECTION 19.4.
Notwithstanding G.S. 143B‑1293(b), G.S. 143B‑1294(c)
or any other provision of law, the sum of five hundred thousand dollars
($500,000) in nonrecurring funds for the 2018‑2019 fiscal year is
transferred from the North Carolina Veterans Home Trust Fund to the Office of
State Budget and Management to provide a grant‑in‑aid to the Veterans Leadership Council of
North Carolina‑Cares to be used for the Veterans Life Center in Butner.
To the extent any of the funds described in this section are deemed
unappropriated, the funds are appropriated for the purpose set forth in this
section. The Office of State Budget and Management and the Office of State
Controller shall take all steps necessary to effectuate the transfer required
by this section."
special annual leave offset clarification
SECTION 11.(a) Section 35.26 of S.L. 2018‑5 reads as rewritten:
"SECTION 35.26.(a) Any person who is (i) a full‑time permanent employee of the State or a community college institution on July 1, 2018, and (ii) eligible to earn annual leave shall have a one‑time additional five days of annual leave credited on July 1, 2018.
"SECTION 35.26.(b) Except as provided by subsection (c) of this section, the additional leave shall be accounted for separately with the leave provided by Section 28.3A of S.L. 2002‑126, by Section 30.12B(a) of S.L. 2003‑284, by Section 29.14A of S.L. 2005‑276, by Section 35.10A of S.L. 2014‑100, and by Section 35.18A of S.L. 2017‑57 and shall remain available during the length of the employee's employment, notwithstanding any other limitation on the total number of days of annual leave that may be carried forward. Part‑time permanent employees shall receive a pro rata amount of the five days awarded by this section.
"SECTION 35.26.(c) The additional leave awarded under this section has no cash value and is not eligible for cash in. If not used prior to the time of separation or retirement, the bonus leave cannot be paid out and is lost.
"SECTION 35.26.(d) Notwithstanding any provision of G.S. 126‑8 to the contrary, any vacation leave remaining on December 31 of each year in excess of 30 days shall be reduced by the number of days awarded in this section that were actually used by the employee during the year such that the calculation of vacation leave days that would convert to sick leave shall reflect a deduction of those days of special annual leave awarded in this section that were used by the employee during the year.
"SECTION 35.26.(e) The number of days awarded by this section that carry forward to each following year shall equal the number of days awarded in this section remaining on December 31 of each year plus the number of days awarded in this section that were deducted from vacation leave in excess of 30 days for the calculation of sick leave.
"SECTION 35.26.(f) No employee may be required to take the additional leave awarded by this section."
SECTION 11.(b) This section is effective when it becomes law and applies retroactively to July 1, 2018.
special event one‑time permit
SECTION 12.(a) G.S. 18B‑1002(a) is amended by adding a new subdivision to read:
"(6) A permit may be issued to a professional sports organization to allow the retail sale of malt beverages, unfortified wine, fortified wine, or mixed beverages for consumption on the premises at a professional sporting event held at a stadium (i) with a seating capacity of at least 40,000 people and (ii) that is owned or leased by a constituent institution of The University of North Carolina located in a county with a population of at least 900,000 people according to the most recent federal decennial census. The issuance of this permit also allows the issuance of a purchase‑transportation permit under G.S. 18B‑403 and G.S. 18B‑404. For purposes of this subdivision, the term "professional sports organization" means an organization that is a member of an association or league of professional sports organizations that (i) has 6 or more members, (ii) has total combined revenues from all members that exceeds ten million dollars ($10,000,000) per year, and (iii) governs the conduct of its members and regulates the contests and exhibitions in which its member organizations regularly engage."
SECTION 12.(b) G.S. 18B‑1006(a) is amended by adding a new subdivision to read:
"(9) Special one‑time permits described in G.S. 18B‑1002(a)(6)."
electric standup scooters
SECTION 12.5.(a) G.S. 20‑4.01 reads as rewritten:
"§ 20‑4.01. Definitions.
Unless the context requires otherwise, the following definitions apply throughout this Chapter to the defined words and phrases and their cognates:
(7c) Electric Standup Scooter. A device with no more than three twelve‑inch or smaller diameter wheels that has handlebars, is designed to be stood upon by the user while riding, and is powered by an electric motor that is capable of propelling the device with or without human propulsion at a speed no greater than 20 miles per hour on a paved level surface.
(7c)(7d) Employer. Any person who owns or
leases a commercial motor vehicle or assigns a person to drive a commercial
motor vehicle and would be subject to the alcohol and controlled substance
testing provisions of 49 C.F.R. § 382 and also includes any consortium or third‑party
administrator administering the alcohol and controlled substance testing
program on behalf of owner‑operators subject to the provisions of 49
C.F.R. § 382.
(23) Motor Vehicle. Every vehicle which is self‑propelled
and every vehicle designed to run upon the highways which is pulled by a self‑propelled
vehicle. Except as specifically provided otherwise, this term shall not include
mopeds or mopeds, electric assisted bicycles.bicycles,
or electric standup scooters.
(27) Passenger Vehicles.
j. Moped. A vehicle, other than a motor‑driven
bicycle or bicycle, electric assisted bicycle, or electric standup
scooter, that has two or three wheels, no external shifting device, a motor
that does not exceed 50 cubic centimeters piston displacement and cannot propel
the vehicle at a speed greater than 30 miles per hour on a level surface. The
motor may be powered by electricity, alternative fuel, motor fuel, or a
combination of each.
(49) Vehicle. Every device in, upon, or by which any
person or property is or may be transported or drawn upon a highway, excepting
devices moved by human power or used exclusively upon fixed rails or tracks;
provided, that for the purposes of this Chapter bicycles and bicycles,
electric assisted bicycles bicycles, and electric standup scooters
shall be deemed vehicles and every rider of a bicycle or bicycle,
an electric assisted bicycle bicycle, or electric standup scooter
upon a highway shall be subject to the provisions of this Chapter
applicable to the driver of a vehicle except those which by their nature can
have no application. This term shall not include a device which is designed for
and intended to be used as a means of transportation for a person with a
mobility impairment, or who uses the device for mobility enhancement, is
suitable for use both inside and outside a building, including on sidewalks,
and is limited by design to 15 miles per hour when the device is being operated
by a person with a mobility impairment, or who uses the device for mobility
enhancement. This term shall not include an electric personal assistive
mobility device as defined in subdivision (7b) of this section. Unless the
context requires otherwise, and except as provided under G.S. 20‑109.2,
47‑20.6, or 47‑20.7, a manufactured home shall be deemed a vehicle.
."
SECTION 12.5(b) G.S. 20‑51 is amended by adding a new subdivision to read:
"(18) Electric standup scooters as defined in G.S. 20‑4.01(7c)."
DMV DISCLOSURE OF SOCIAL SECURITY NUMBERS
SECTION 12.6. G.S. 20‑7(b2) reads as rewritten:
"(b2) Disclosure of Social Security Number. The social security number of an applicant is not a public record. The Division may not disclose an applicant's social security number except as allowed under federal law. A violation of the disclosure restrictions is punishable as provided in 42 U.S.C. § 408, and amendments to that law.
In accordance with 42 U.S.C. 405 and 42 U.S.C. 666, and amendments thereto, the Division may disclose a social security number obtained under subsection (b1) of this section only as follows:
(1) For the purpose of administering the drivers license laws.
(2) To the Department of Health and Human Services, Child Support Enforcement Program for the purpose of establishing paternity or child support or enforcing a child support order.
(3) To the Department of Revenue for the purpose of verifying taxpayer identity.
(4) To the Office of Indigent Defense Services of the Judicial Department for the purpose of verifying the identity of a represented client and enforcing a court order to pay for the legal services rendered.
(5) To each county jury commission for the purpose of verifying the identity of deceased persons whose names should be removed from jury lists.
(6) To the State Chief Information Officer for the purposes of G.S. 143B‑1385.
(7) To the Department of Commerce, Division of Employment Security, for the purpose of verifying employer and claimant identity.
(8) To the Judicial Department for the purpose of administering the criminal and motor vehicle laws."
industrial commission case management systems funds
SECTION 13. Section 15.19(b) of S.L. 2017‑57 reads as rewritten:
"SECTION 15.19.(b) The
Industrial Commission may retain the additional revenue up to one million two
hundred thousand dollars ($1,200,000) of the fee charged to parties for the
filing of compromise settlement agreementsreceipts collected by the
Industrial Commission to be used for the purpose of replacing and
maintaining the Industrial Commission's case management systems and related
expenditures. To the extent the funds described in this subsection are
deemed unappropriated, the funds are appropriated for the purpose set forth in
this subsection."
technical correction/incorrect facility name
SECTION 14. G.S. 131E‑184(h) reads as rewritten:
"(h) The Department shall exempt from certificate of need review the acquisition or reopening of a Legacy Medical Care Facility. The person seeking to operate a Legacy Medical Care Facility shall give the Department written notice of all of the following:
(1) Its intention to acquire or reopen a Legacy Medical Care Facility within the same county and the same service area as the facility that ceased continuous operations. If the Legacy Medical Care Facility will become operational in a new location within the same county and the same service area as the facility that ceased continuous operations, then the person responsible for giving the written notice required by this section shall notify the Department, as soon as reasonably practicable and prior to becoming operational, of the new location of the Legacy Medical Care Facility. For purposes of this subdivision, "service area" means the service area identified in the North Carolina State Medical Facilities Plan in effect at the time the written notice required by this section is given to the Department."
outdoor heritage salary authorization
SECTION 15. G.S. 143B‑344.62 reads as rewritten:
"§ 143B‑344.62. Outdoor Heritage Advisory Council executive director; staff.
The Council may, subject to
appropriations or other funds that accrue to it, employ an executive director
to carry out the day‑to‑day responsibilities and business of the
Council. The executive director shall serve at the pleasure of the Council. Council,
and the director's salary shall be fixed by the Council. The executive
director, also subject to appropriations or other funds that accrue to the
Council, may hire additional staff and consultants to assist in the discharge
of the executive director's responsibilities, as determined by the
Council."
sales under power of sale/postponement of sale notice technical correction
SECTION 16. G.S. 45‑21.21 reads as rewritten:
"§ 45‑21.21. Postponement of sale; notice of cancellation.
(h) If the notice required
by subsection (b)(g) of this section is not received by the Clerk
prior to the scheduled time of the sale, then the person exercising the power
of sale shall personally, or through his or her agent or attorney, do all of
the following:
(1) At the time and place advertised for the sale, publicly announce the cancellation thereof;
(2) On the same day, attach to or enter on the original notice of sale or a copy thereof, posted at the courthouse door, as provided by G.S. 45‑21.17, a notice of the cancellation;
(3) Give written or oral notice of cancellation to each party entitled to notice of sale under G.S. 45‑21.17; and
(4) Hand‑deliver the written notice required under subdivision (2) of this subsection to the Clerk's office.
(i) So that the noticesnotice
required by subsection (b)(g) of this section may be delivered in
the time frame required therein, the Clerk's office shall, upon request,
provide to the person exercising the power of sale an e‑mail address
and/or fax telephone number to use for delivery of said notices.
."
derelict and abandoned vessels study/revise date for submission of recommendations
SECTION 17. Section 2.8 of S.L. 2018‑138 reads as rewritten:
"SECTION 2.8. The
Wildlife Resources Commission shall recommend legislation, including
appropriate funding levels, needed (i) to facilitate the identification of
owners or other responsible persons for abandoned or derelict vessels for the
purpose of requiring those persons to take responsibility for their vessels and
(ii) in cases where no responsible owner may be found, to provide the State
with the authority to expeditiously remove or otherwise dispose of the
abandoned and derelict vessels. In developing its recommendations, the
Commission shall consult with a technical working group that includes the
Division of Coastal Management of the Department of Environmental Quality, the
North Carolina Coastal Federation, the National Oceanic and Atmospheric
Administration Marine Debris program, marine salvage industry experts,
commercial and recreational boat owners, and other interested stakeholders. The
Commission shall provide its recommendations no later than March 1,April
30, 2019, to the chairs of the House Environment Committee; the House
Appropriations, Agriculture and Natural and Economic Resources Committee; the
Senate Agriculture/Environment/Natural Resources Committee; the Senate
Appropriations Committee on Agriculture, Natural, and Economic Resources; and
the Fiscal Research Division."
expand principal adm hold harmless eligibility/certain schools affected by hurricane florence
SECTION 18. Section 2.2(b) of S.L. 2018‑138 reads as rewritten:
"SECTION 2.2.(b) This act applies only to principals supervising schools that meet both of the following requirements:
(1) The school is located in a county designated under a major disaster declaration by the President of the United States under the Stafford Act (P.L. 93‑288) as a result of Hurricane Florence.
(2) The school was closed for
at least 15 10 school days during the months of September 2018,
October 2018, and November 2018 as a result of Hurricane Florence."
public school buses/travel outside of state
SECTION 19. G.S. 115C‑242 reads as rewritten:
"§ 115C‑242. Use and operation of school buses.
Public school buses may be used for the following purposes only, and it shall be the duty of the superintendent of the school of each local school administrative unit to supervise the use of all school buses operated by such local school administrative unit so as to assure and require compliance with this section:
(1) A school bus may be used
for the transportation of pupils enrolled in and employees in the operation of
the school to which such bus is assigned by the superintendent of the local
school administrative unit. Except as otherwise herein provided, provided
in this section, such transportation shall be limited to transportation to
and from such school for the regularly organized school day, and from and to
the points designated by the principal of the school to which such bus is
assigned, for the receiving and discharging of passengers. Transportation
may be outside of the State when the superintendent determines travel outside
of the State provides the most direct route to and from the school.
(1a) No pupil or employee shall be so transported upon any
bus other than the bus to which such pupil or employee has been assigned
pursuant to the provisions of this Article: Article, except for the
following:
a. Provided, that children Children enrolled
in a Headstart program or any NC Pre‑K program may be transported on
public school buses, and any additional costs associated with such contractual
arrangements shall be incurred by the benefitting Head Start or NC Pre‑K program:program.
b. Provided further, that children Children
with disabilities may be transported to and from the nearest appropriate
private school having a special education program approved by the State Board
of Education if the children to be transported are or have been placed in that
program by a local school administrative unit as a result of the State or the
unit's duty to provide such children with a free appropriate public education.
."
innovative school district revisions
SECTION 20.(a) Article 7A of Chapter 115C of the General Statutes reads as rewritten:
"Article 7A.
"North Carolina Innovative School District and Innovation Zones.
"§ 115C‑75.5. Definitions.
The following definitions apply in this Article:
(1) Innovative school. A qualifying school selected by the State Board of Education under the supervision of the North Carolina Innovative School District.
(2) Reserved.
(3) Innovative school operator or IS operator. An entity selected by the State Board of Education upon the recommendation of the ISD Superintendent to operate an innovative school. Entities selected may include public or private institutions of higher education, nonprofit or for‑profit corporations, partnerships, limited liability companies, or, as provided in G.S. 115C‑75.7(c1), local boards of education. Except as otherwise provided in this Article, the Department of Public Instruction may not be selected as an IS operator.
"§ 115C‑75.7. Selection of innovative schools.
(c1) Local Board Plan. If a local board of education consents to transfer the selected qualifying school to the ISD as an innovative school, no later than January 1, the local board may submit to the ISD Superintendent a well‑defined, credible, and specific five‑year plan to dramatically improve student achievement. Any plan submitted shall include an implementation time line supported by rigorous measurable benchmarks. If recommended by the ISD Superintendent, and in accordance with G.S. 115C‑75.8(b)(3), the State Board of Education may approve the plan and select the local board of education as IS operator of the qualifying school. The State Board may impose additional requirements as a condition of approving a plan.
"§ 115C‑75.8. Selection of IS operators.
(a) The State Board of Education may select an IS operator for a prospective innovative school by January 15 and shall select an IS operator for a prospective school no later than February 15.
(b) Upon the recommendation
of the ISD Superintendent, the State Board of Education shall only select an
entity to contract operate as an IS operator if that entity
demonstrates one of the following:
(1) The entity has a record of results in improving performance of persistently low‑performing schools or improving performance of a substantial number of persistently low‑performing students within a school or schools operated by the entity in this State or other states. An entity selected under this subdivision shall contract as an IS operator.
(2) The entity has a credible and specific plan for dramatically improving student achievement in a low‑performing school and provides evidence that the entity, or a contractual affiliate of such an entity, is either currently operating a school or schools in this State that provide students a sound, basic education or demonstrating consistent and substantial growth toward providing students a sound, basic education in the prior three school years. An entity selected under this subdivision shall contract as an IS operator.
(3) The entity is the local board of education of the prospective innovative school and has a well‑defined, credible, and specific plan for dramatically improving student performance in the school in accordance with G.S. 115C‑75.7(c1). The State Board may impose additional requirements as a condition of approving the plan, and a local board selected as IS operator under this subdivision shall be subject to the conditions and requirements of the plan as approved by the State Board of Education. If a plan is not agreed to and approved by January 15, the State Board shall select another entity as IS operator in accordance with this Article.
(c) TheWhen
practicable, the selected IS operator is encouraged to hold public
informational sessions and other outreach to the community, prospective
innovative school, and local board of education of a prospective innovative
school prior to a local board's adoption of the resolution required by
G.S. 115C‑75.7(c).
(d) The contract between
the State Board of Education and IS operator shall require, as a
minimum, that the IS operator meet the same requirements as established for
charter schools in the following statutes:
"§ 115C‑75.9. Management of innovative schools.
(a) Direct Management by IS Operator.
An innovative school shall be subject to direct management by an IS operator
selected by the State Board of Education, upon the recommendation of the ISD
Superintendent, for a five‑year contract.contract, or, if the IS
operator is a local board of education, according to the requirements of a five‑year
approved plan. In the event that temporary management is necessary due to
contract termination, lack of a qualified IS operator under G.S. 115C‑75.8(b1),
failure to comply with the requirements of an approved plan, or other
unforeseen emergency, the ISD is authorized to act as an IS operator.
(b) Role of IS Operator. The
Except as otherwise provided in this Article, the IS operator shall
be authorized to have a direct role in making decisions about school finance,
human capital, and curriculum and instruction for the innovative school while
developing the leadership capacity in such schools.
(c) Assignment to Innovative Schools. All innovative schools shall remain open to enrollment in the same manner with the same attendance zone as prior to becoming an innovative school. If a local board of education's reassignment of students within the local school administrative unit due to student population changes or openings or closures of other schools impacts the innovative school, the IS operator may appeal to the ISD Superintendent and request a hearing before the State Board of Education regarding the reassignment. Notwithstanding G.S. 115C‑366, the State Board of Education shall, after hearing from both the local board of education and IS operator, determine whether the reassignment of students impacting the innovative school may proceed. If the IS operator is a local board of education, the ISD Superintendent may review the potential impact of any changes regarding student enrollment at an innovative school and may request a hearing before the State Board of Education regarding any proposed assignments.
(d) Facility and Capital Expenditures. Facility and capital expenditures shall be provided as follows:
(1) In addition to the transfer of funds as provided in G.S. 115C‑75.10, the local board of education shall be responsible for facility and capital expenditures at the qualifying school.
(2) All IS operators and other
than local boards of education shall enter into an occupancy agreement
with local boards of education establishing the terms of occupancy for the
IS operator not otherwise addressed in statute. If the parties are unable to
reach agreement, either party may petition the State Board of Education to
resolve any issues in dispute.
(f) Memorandums of Understanding for Alternate Arrangements. Notwithstanding this section, the IS operator, if other than a local board of education, in consultation with the ISD Superintendent, may elect to enter into a memorandum of understanding for alternate arrangements with the local board of education to address any of the following:
(1) Facility and capital expenditures.
(2) Transportation services.
(3) Services for Children with Disabilities.
If the IS operator elects to use a memorandum of understanding for alternate arrangements, the IS operator and local board of education shall finalize the memorandum of understanding within 30 days of the initial request by the IS operator. If the parties have not completed the memorandum of understanding within 30 days, the State Board of Education shall resolve any issues in dispute. An IS operator that is a local board of education shall provide facility and capital expenditures, transportation services, and services for children with disabilities in the same manner as provided for other schools in the local school administrative unit in that school year.
(g) Student Records. The local board of education shall make available in a timely fashion all student records to the innovative school at no cost for all students of that school.
(h) Innovative School Employees. The IS operator shall select and hire the school principal for an innovative school. Within the limits of the school budget, the IS operator or its designee shall select staff members in accordance with guidance from the ISD Superintendent. Before finalizing staffing recommendations, the IS operator and the ISD Superintendent or the Superintendent's designee shall interview all existing staff members at the qualifying school and review student growth and performance data for those staff members for whom it is available. Notwithstanding Article 21A of this Chapter, the IS operator and the ISD Superintendent shall be permitted to examine personnel files of existing staff members for the qualifying school. The following requirements shall apply to employees of a school that is transferring to the ISD:
(1) The If the IS operator is not a
local board of education, the following shall apply:
a. The IS operator shall have the authority to decide whether any administrator, teacher, or staff member previously assigned to a qualifying school selected to become an innovative school shall continue as an employee of the innovative school.
b. Any such employees retained shall become employees of the ISD. An employee hired to work in an innovative school shall be an employee of the ISD, and the employees shall be under the exclusive control of the ISD.
c. All employees of the ISD shall be eligible for enrollment in the Teachers' and State Employees' Retirement System of North Carolina, the State Health Plan, and other benefits available to State employees.
d. The IS operator shall provide funds to the ISD in an amount sufficient to provide salary and benefits for employees of the ISD working in the innovative school based on the terms of employment established by the IS operator.
(2) If the IS operator is a local board of education, the following shall apply:
a. The ISD Superintendent shall have authority to direct the local board of education, in its capacity as IS operator, as to whether any administrator, teacher, or staff member previously assigned to a qualifying school selected to become an innovative school shall continue as an employee of the innovative school. If an employee is not given the option to continue as an employee for the innovative school, the local board may exercise its discretion pursuant to subsection (j) of this section.
b. Any employees retained at the innovative school shall remain employees of the local board of education, and shall be under the control of the local board of education acting in its capacity as the IS operator under the direction of the ISD Superintendent. The ISD Superintendent shall have the authority to direct the local board of education, in its capacity as the IS operator, to remove an employee from assignment to the innovative school.
"§ 115C‑75.10. Innovative schools funds.
(a) Funding Allocation. The State Board of Education shall allocate the following to the ISD for each innovative school:
(1) An amount equal to the average per pupil allocation for average daily membership from the local school administrative unit allotments in which the innovative school was located for each child attending the innovative school except for the allocations for (i) children with disabilities, (ii) children with limited English proficiency, and (iii) transportation. The State Board of Education shall provide the allocation for transportation to the local school administrative unit in which the innovative school is located.
(2) An additional amount for each child attending the innovative school who is a child with disabilities.
(3) An additional amount for children with limited English proficiency attending the innovative school, based on a formula adopted by the State Board of Education.
(a1) Student Support Services. If the IS operator is a local board of education, funding for student support and operational services shall be provided in the same manner and degree as in the prior school year. For the purposes of this subsection, student support and operational services include cafeteria services, custodial services, broadband and utilities, and student information services, and instructional services include alternative education, special education services, test administration services, textbooks, technology, media resources, instructional equipment, and other resources.
(b) Designated Funding. Funding shall be allocated
to the ISD for the innovative school by the State Board of Education and local
board of education as follows:
(b) Local Funding Allocation Selection. State
and For an innovative school with an IS operator other than a local
board of education, local funding for an innovative school shall be
allocated as provided in subsection (b)subdivision (1) or subsection
(c)subdivision (2) of this section.subsection. The IS
operator shall select one of the allocation methods as the method to be used
for the innovative school.
(1) The State Board of
Education shall allocate the following to the ISD for each innovative school:
a. An amount equal to the average per pupil
allocation for average daily membership from the local school administrative
unit allotments in which the innovative school was located for each child
attending the innovative school except for the allocations for (i) children
with disabilities, (ii) children with limited English proficiency, and (iii)
transportation. The State Board of Education shall provide the allocation for
transportation to the local school administrative unit in which the innovative
school is located.
b. An additional amount for each child attending
the innovative school who is a child with disabilities.
c. An additional amount for children with limited
English proficiency attending the innovative school, based on a formula adopted
by the State Board of Education.
(2) Designated Funding. The local school
administrative unit in which the innovative school is located shall transfer to
the ISD for the innovative school an amount equal to the per pupil share of the
local current expense fund of the local school administrative unit for the
fiscal year. The per pupil share of the local current expense fund shall be
transferred to the ISD for the innovative school within 30 days of the receipt
of monies into the local current expense fund. The local school administrative
unit and ISD may use the process for mediation of differences between the State
Board of Education and a charter school provided in G.S. 115C‑218.95(d)
to resolve differences on calculation and transference of the per pupil share
of the local current expense fund. The amount transferred under this subsection
that consists of revenue derived from supplemental taxes shall be transferred
only to an innovative school located in the tax district for which these taxes
are levied and in which the student resides. The local school administrative
unit shall also provide the ISD with all of the following information within
the 30‑day time period provided in this subsection:
a. The total amount of monies the local school administrative unit has in each of the funds listed in G.S. 115C‑426(c).
b. The student membership numbers used to calculate the per pupil share of the local current expense fund.
c. How the per pupil share of the local current expense fund was calculated.
d. Any additional records requested by the ISD from the local school administrative unit in order for the ISD to audit and verify the calculation and transfer of the per pupil share of the local current expense fund.
(c)(2) Funding
Memorandum of Understanding. The IS operator, in consultation with the ISD
Superintendent, may enter into a funding memorandum of understanding with the
local board of education of the local school administrative unit where the
innovative school is located for all student support and operational services
and instructional services to be provided by the local board of education in
the same manner and degree as in the prior school year or funding in an amount
equivalent to the amount the local board of education would have expended on
those services if provided. For the purposes of this subsection, student
support and operational services include cafeteria services, custodial
services, broadband and utilities, and student information services, and
instructional services include alternative education, special education
services, test administration services, textbooks, technology, media resources,
instructional equipment, and other resources. The IS operator and local board
of education shall finalize the funding memorandum of understanding within 30
days of the initial request for the memorandum by the IS operator. If the
parties have not completed the funding memorandum of understanding within 30
days, the State Board of Education shall resolve any issues in dispute.
(d) ISD Funding Management. The ISD may seek, manage, and expend federal money and grants, State funding, and other funding with the same authority as a local school administrative unit, including decisions related to allocation of State funds among innovative schools, and shall be considered a local school administrative unit for all federal funding purposes.
"§ 115C‑75.11. Accountability and governance for innovative schools.
(b) The IS operator operator,
if not a local board of education, shall select, approve, or remove the
school principal of an innovative school that it is managing in accordance with
this Article. If the IS operator is a local board of education, the ISD
Superintendent shall have authority to select, approve, or remove the school principal
of the innovative school.
"§ 115C‑75.12. Term of supervision for an innovative school.
(a) An innovative school
shall remain under the supervision of the ISD for a minimum of five consecutive
years through a contract with an IS operator.operator, or an approved
plan if the IS operator is a local board of education. The following shall
apply to the term of a contract with an IS operator of an
innovative school:
(2) Nonrenewal of contract
based on performance. If, by the end of the five‑year contract, the
innovative school's average annual percentage growth during the term of the
contract does not exceed the average annual percentage growth of other
qualifying schools during the same term, the State Board of Education shall not
renew the contract of the IS operator and develop a transition plan to
return the school to the local school administrative unit.shall close
the school.
(a1) The following shall apply to the period of an approved plan for an IS operator that is a local board of education:
(1) Revocation of approval of the plan based on performance. If, during the five‑year plan, the innovative school's annual percentage growth does not exceed the average annual percentage growth of other qualifying schools for three consecutive years, the State Board of Education, upon the recommendation of the ISD Superintendent, may revoke approval of the plan previously approved under G.S. 115C‑75.7(c1) at the conclusion of the academic year and contract with an IS operator in accordance with G.S. 115C‑75.8(b)(1) or G.S. 115C‑75.8(b)(2) to assume the remainder of the five‑year period.
(2) Nonrenewal of the approved plan based on performance. If, by the end of the five‑year period, the innovative school's average annual percentage growth over the period during which the approved plan has been implemented does not exceed the average annual percentage growth of other qualifying schools during the same period, the State Board of Education shall not renew the approved plan and shall close the school.
(3) State Board of Education optional extension of approved plan for three years. If, by the end of the five‑year period, the innovative school remains a qualifying school but has exceeded the average annual percentage growth of other qualifying schools and has shown growth over the period during which the approved plan has been implemented, the State Board of Education, upon the recommendation of the ISD Superintendent in his or her discretion, may continue the approved plan for an additional three‑year period. The ISD Superintendent and IS operator shall engage the school and the school community in developing a transition plan for the school to leave the supervision of the ISD at the conclusion of the three‑year extension of the approved plan. If the State Board of Education does not elect to continue the approved plan, the State Board of Education may do any of the following:
a. Select another IS operator for a three‑year contract.
b. Close the school as provided in subdivision (2) of this subsection.
c. Develop a transition plan to return the school to the local school administrative unit for the next school year.
(4) IS operator option to extend approved plan for three years. If, by the end of the five‑year period, the innovative school receives a grade of C or higher under G.S. 115C‑12(9)c1., the IS operator shall have the option to extend the approved plan for another three‑year period. The ISD Superintendent and IS operator shall engage the school and the school community in developing a transition plan for the school to leave the supervision of the ISD at the conclusion of the three‑year extension of the approved plan. If the IS operator does not elect to continue the approved plan, the State Board of Education may select another IS operator for a three‑year contract or may develop a transition plan to return the school to the local school administrative unit for the next school year.
(5) Revocation of approved plan on other grounds. The State Board of Education, upon the recommendation of the ISD Superintendent, may revoke an approved plan at any time during the plan period for failure to comply with the requirements of the approved plan. The State Board of Education shall select another IS operator in accordance with this Article for the remaining period of the plan. The ISD is authorized to act as a temporary IS operator during the transition period, if necessary.
(6) In the event that approval is revoked and another IS operator must be selected, the local board of education shall continue to be responsible for providing student services as specified in the approved plan.
(b) An innovative school shall remain under the supervision of the ISD for no more than eight years.
(c) The State Board of
Education shall make all decisions related to contracts or approved plans for
IS operators no later than May 1, except as provided in subdivision (5) of
subsection (a) of this section.section and subdivision (5) of subsection
(a1) of this section."
SECTION 20.(b) This section is effective when it becomes law and applies beginning with the 2019‑2020 school year.
extend agricultural disaster program deadline
SECTION 21.(a) Section 5.11(e) of S.L. 2018‑136 reads as rewritten:
"SECTION 5.11.(e) A
person seeking financial assistance for losses of agricultural commodities
shall submit to the Department a Form 578 on file with the USDA Farm Service
Agency or a form provided by the Department for reporting acreage or plantings
of crops not typically reported on Form 578, along with any other documentation
deemed appropriate by the Department, on or before December 10, 2018.December
20, 2018. For nursery crops, fruit‑bearing trees and bushes, and
specialty crops where the survival level is not immediately known, the
Department may extend this deadline to May 1, 2019, upon written request by the
person received on or before December 10, 2018,December 20, 2018,
and upon approval by the Department. A person receiving assistance under this
program must provide a signed affidavit, under penalty of perjury, certifying
that each fact of the loss presented by the person is accurate."
SECTION 21.(b) Section 5.11(g) of S.L. 2018‑136 reads as rewritten:
"SECTION 5.11.(g) A
person seeking financial assistance for losses of livestock or poultry shall
submit documentation of loss and indemnity received from the USDA Livestock
Indemnity Program, along with any other documentation deemed appropriate by the
Department, to the Department on or before December 10, 2018.December
20, 2018. The Department may extend this deadline to March 1, 2019, upon
written request by the person received on or before December 10, 2018,December
20, 2018, and upon approval by the Department. A person receiving
assistance under this program must provide a signed affidavit, under penalty of
perjury, certifying that each fact of the loss presented by the person is
accurate."
SECTION 21.(c) Section 5.11(h) of S.L. 2018‑136 reads as rewritten:
"SECTION 5.11.(h) The Department shall administer the financial assistance program authorized by this section in accordance with the following criteria:
(3) The Department shall
gather all claim information, except from those applicants granted a deadline
extension, no later than December 10, 2018.December 20, 2018. The
Department shall, as closely as possible, estimate the amount of the
appropriation needed to be held in reserve for payments related to losses of
livestock, poultry, nursery, bush, tree, and specialty crops for which losses
will not be fully known or calculated. The Department shall set aside funds as
it deems appropriate based on the estimated percentage of these losses.
."
modify disability scholarship application requirements and technical changes for the opportunity scholarship program
SECTION 22.(a) G.S. 115C‑112.5(2) reads as rewritten:
"(2) Eligible student. A child under the age of 22 who resides in North Carolina and meets all of the following criteria:
f. Meets at least one of the following requirements:
1. Was enrolled in a North
Carolina public school or a Department of Defense Elementary and Secondary
School, established pursuant to 10 U.S.C. § 2164 and located in North Carolina,
during the previous semester.spring semester prior to the school year
for which the student is applying. The Authority shall not count actual
days of attendance to determine whether a child was enrolled in a qualifying
school for the previousthat semester for the purposes of
eligibility under this sub‑sub‑subdivision.
2. Received special
education or related services through the North Carolina public schools as a
preschool child with a disability during the previous semester.spring
semester prior to the school year for which the student is applying.
3. Was approved forReceived
a scholarship for the previous semester.school year prior to the
school year for which the student is applying.
4. Is a child who is identified as a child with a disability prior to the end of the year of initial enrollment in kindergarten or first grade. An award by the Authority based on eligibility under this sub‑sub‑subdivision shall be conditional. If documentation is not provided to the Authority that the child is a child with a disability prior to the end of the year of initial enrollment, (i) no reimbursement shall be awarded and (ii) the child shall not qualify the following year as an eligible student under sub‑sub‑subdivision 3. of this section.
5. Is a child whose parent or legal guardian is on full‑time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. § 12301, et seq., and 10 U.S.C. § 12401, et seq.
6. Is a child who has been domiciled in the State for at least six months.
7. Is a child in foster care as defined in G.S. 131D‑10.2(9).
8. Is a child whose adoption decree was entered not more than one year prior to submission of the scholarship application.
9. Is a child that meets both of the following:
I. Was enrolled in a nonpublic school that meets the requirements of Article 39 of this Chapter during the spring semester prior to the school year for which the student is applying.
II. Was enrolled for the entire school year immediately prior to the school year in which the student enrolled in the nonpublic school in one of the following:
A. A North Carolina public school.
B. A Department of Defense Elementary and Secondary School, established pursuant to 10 U.S.C. § 2164 and located in North Carolina."
SECTION 22.(b) G.S. 115C‑112.6(a2) reads as rewritten:
"(a2) Priority of Awards. The Authority shall award scholarships according to the following criteria for applications received by March 15 each year:
(1) First priority shall be
given to eligible students who received a scholarship duringfor
the previous school year.year prior to the school year for
which students are applying.
(2) After scholarships have
been awarded under subdivision (1) of this subsection, scholarships shall be
awarded to students who are eligible under G.S. 115C‑112.5(2)f.1.,
2., 4., 5., 7., and 8.8., and 9.
(3) After scholarships have been awarded under subdivision (2) of this subsection, scholarships shall be awarded to students who are eligible under G.S. 115C‑112.5(2)f.6."
SECTION 22.(c) Any student who meets the following requirements shall qualify as an eligible student and shall be eligible to receive a scholarship pursuant to Part 1H of Article 9 of Chapter 115C of the General Statutes:
(a) Was enrolled in a North Carolina public school or a Department of Defense Elementary and Secondary School for the entire 2016‑2017 school year.
(b) Was enrolled in a nonpublic school that meets the requirements of Article 39 of this Chapter in the 2017‑2018 and 2018‑2019 school years.
(c) Meets the eligibility requirements of G.S. 115C‑112.5(2)a. through e.
(d) Submits a scholarship application for the 2019‑2020 school year.
A student who becomes eligible for a scholarship in the 2019‑2020 school year solely due to this section shall receive priority in award of scholarships over all applicants except those previously awarded scholarships.
SECTION 22.(d) G.S. 115C‑562.1(3)a. reads as rewritten:
"a. Meets one of the following criteria:
1. Was a full‑time
student (i) assigned to and attending a public school pursuant to
G.S. 115C‑366 or (ii) enrolled in a Department of Defense Elementary
and Secondary School, established pursuant to 10 U.S.C. § 2164 and located in
North Carolina, during the previous semester.spring semester prior to
the school year for which the student is applying.
2. Received a scholarship
grant during for the previous school year.year prior
to the school year for which the student is applying.
."
SECTION 22.(e) G.S. 115C‑562.2(a)(1) reads as rewritten:
"(1) First priority shall
be given to eligible students who received a scholarship grant duringfor
the previous school year prior to the school year for which the
students are applying if those students have applied by March 1."
"Human Trafficking victim records
SECTION 22.2. G.S. 14‑43.17 reads as rewritten:
"§ 14‑43.17. Victim confidentiality; penalty for unlawful disclosure.
(a) Confidentiality Requirement. Except as otherwise
provided in subsectionsubsections (b) and (d) of this
section, the name, address, or other information that reasonably could be
expected to lead directly to the identity of any of the following, is
confidential and shall not be considered a public record as that term is
defined in G.S. 132‑1:
(1) A victim.
(2) An alleged victim.
(3) An immediate family member of a victim or alleged victim. For purposes of this subdivision, the term "immediate family member" means a spouse, child, sibling, parent, grandparent, grandchild, or the spouse of an immediate family member. This term includes stepparents, stepchildren, stepsiblings, and adoptive relationships.
(d) Court Records. This section does not apply to records that have been made part of a court file in the custody of the General Court of Justice."
certificates of relief
SECTION 22.3. G.S. 15A‑173.2(f) reads as rewritten:
"(f) A Certificate of Relief is automatically
revoked pursuant to G.S. 15A‑173.4(b) if the individual is
subsequently convicted of a felony or misdemeanor other than a traffic
violation. The Administrative Office of the Courts shall provide the following
declaration on the forms that record criminal judgments:Petition and
Order for a Certificate of Relief: "Any Certificate of Relief is
automatically revoked for a subsequent conviction of a felony or misdemeanor
other than a traffic violation in this State."
TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM AND THE STATE HEALTH PLAN/CHARTER SCHOOL CLARIFICATION
SECTION 22.5.(a) G.S. 115C‑218.90(a) is amended by adding a new subdivision to read:
"(4a) The board of directors of a municipal charter school may elect to become a participating employer in the Teachers' and State Employees' Retirement System and the State Health Plan for Teachers and State Employees."
SECTION 22.5.(b) G.S. 135‑4(cc) reads as rewritten:
"(cc) Credit for
Employment in a Charter School Operated by a Private Nonprofit Corporation.Corporation
or a Charter School Operated by a Municipality. Any member may purchase
creditable service for any employment as an employee of a charter school
operated by a private nonprofit corporation or a charter school operated by
a municipality whose board of directors did not elect to participate in the
Retirement System under G.S. 135‑5.3 upon completion of five years
of membership service by making a lump‑sum payment into the Annuity
Savings Fund. The payment by the member shall be equal to the full liability of
the service credits calculated on the basis of the assumptions used for
purposes of the actuarial valuation of the Retirement System's liabilities,
taking into account the additional retirement allowance arising on account of
the additional service credits commencing at the earliest age at which the
member could retire with an unreduced retirement allowance, as determined by
the Board of Trustees upon the advice of the actuary plus an administrative
expense fee to be determined by the Board of Trustees. Creditable service
purchased under this subsection shall not exceed a total of five years.
Notwithstanding the foregoing provisions of this subsection that provide for
the purchase of service credits, the terms "full cost", "full
liability", and "full actuarial cost" include assumed annual
postretirement allowance increases, as determined by the Board of Trustees,
from the earliest age at which a member could retire on an unreduced service
allowance."
SECTION 22.5.(c) G.S. 135‑5.3 reads as rewritten:
"§ 135‑5.3. Optional participation for charter
schools operated by private nonprofit corporations.corporations or
municipalities.
(b1) The board of directors of
a charter school operated by a private nonprofit corporation andor a
charter school operated by a municipality that has received State Board of
Education approval under G.S. 115C‑218.5 may elect to become a
participating employer in the Retirement System in accordance with this
Article.
."
SECTION 22.5.(d) G.S. 135‑48.47(a) reads as rewritten:
"(a) Eligibility. The employees and dependents of employees of local government units are eligible to participate in the State Health Plan, as provided in this section. This section does not apply to employees of a charter school operated by a municipality.
Employees and dependents participating under this section are not guaranteed participation in the Plan, and participation is contingent on their respective local government units (i) electing to participate in the Plan and (ii) complying with the provisions of this section and this Article, as well as any policies adopted by the Plan."
SECTION 22.5.(e) G.S. 135‑48.54 reads as rewritten:
"§ 135‑48.54. Optional participation for charter
schools operated by private nonprofit corporations.corporations or
municipalities.
(b) No later than two years after both parties have signed the written charter under G.S. 115C‑218.15, the board of directors of a charter school operated by a private nonprofit corporation or a charter school operated by a municipality shall elect whether to become a participating employer in the Plan in accordance with this Article. This election shall be in writing and filed with the Plan and the State Board of Education. This election is effective for each charter school employee as of the date of that employee's entry into eligible service.
."
SECTION 22.5.(f) Subsection (a) of this section applies only to the Town of Cornelius, the Town of Huntersville, the Town of Matthews, and the Town of Mint Hill.
SECTION 22.5.(g) This section is effective when it becomes law.
effective date
SECTION 23. Except as otherwise provided, this act is effective when it becomes law.