House Legislative Bills Summary: 2009 Session

House Legislative Bills Summary

2009 SESSON

 

To view entire Bill click on Bill number or title.

 

HB 2 Prohibit Smoking in Public and Work Places (H. Holliman, J. Weiss, R. Glazier and J. Barnhart) An act to prohibit smoking in public place and place of employment. Effective January 2, 2010.

Filed 1/29/09

 

HB 9 No Texting While Driving (SB 22) (G. Pierce) To make it unlawful to use additional technology associated with a mobile phone while operating a vehicle on a public street or highway or public vehicular area. Effective December 1, 2009.

Filed 1/29/09

 

HB 18 Speech Language Pathologist Qualifications (B. Faison) To amend specific experience hours of the four hundred clock hours required for permanent licensure as a Speech and Language Pathologist.

Filed 1/29/09

 

HB 21 Eugenics Program-Support and Education (L Womble, R. Sutton, E. Parmon, M. Alexander) To provide counseling benefits to Eugenics survivors, to direct the Department of Health and Human Services to establish a database of Eugenics program participants and verify the status of persons contacting the state to determine their participation in the state program, to erect a historical marker about the program, to direct the State Board of Education to include information about the program in its K-12 history curriculum, to recommend creation of an ethics training module for state. county, and local government employees, and to direct the Department of Cultural Resources to digitize existing records for preservation and study purposes, as recommended by the House Select Committee on Compensation for victims of the Eugenics Sterilization Program. Effective July 1, 2009.

Filed 1/29/09

 

HB 37 Pay Teachers the ABC Bonuses They Earned (C. Tarleton) To fully fund the ABCs Bonuses earned by public school employees during the 2007-2008 school year. Effective July 1, 2009

Filed 2/3/09

 

HB 42 Science Safety in the Public Schools (R. Glazier) To implement science safety measures in the public schools. Requires LEA prior to July 1, 2010 and annually thereafter to certify to the SBE that its high school science laboratories are equipped with appropriate personal protective equipment for students and teachers. Direct LEAs to ensure 1) all of its high schools and middle schools are in compliance with SBE policies related to science laboratory safety and 2) an appropriate administrative person is designated as the science safety officer.  Amends Statute GS 15C-296 (B) to direct SBE in consultation with LEAs and the Board of Governors of the University of North Carolina to evaluate and modify as necessary the academic requirements for students preparing to teach science in middle and high school to ensure that they receive adequate preparation regarding science laboratory safety. Amends 115C-521 prohibits LEAs from investing any funds in the building of new middle or high school until the plans for the science areas of the proposed buildings have been reviewed by the SBE or an entity licensed or authorized by the SBE and certified to meet accepted professional standards for school laboratories, preparation rooms, and stockrooms.

Filed 2/3/09

 

HB 43 School Board Members/Failure to Discharge Duty (R. Glazier, G. Martin) Making it unlawful for a school board member to willfully fail to discharge the duties of the office.

Filed 2/3/09

 

HB 56 Funds for Center for Advancement of Teaching (R. Glazier) To increase funding for the North Carolina Center for the Advancement of Teaching. Appropriates $1 M 2009-2010 and 2010-2011. Effective July 1, 2009.

Filed 2/4/09

 

HB 57 High School Pilot Program/International Studies (R. Glazier) Appropriates funds to develop and implement a high school pilot program focusing on critical foreign languages and foreign and international affairs. Appropriates $500,000 2009-2010 and 2010-2011 for two high schools in two LEAs to establish pilot program. Effective July 1, 2009.

Filed 2/4/09

 

HB 65 Students Under 16 May Attend Community College (SB 122)(J. Tolson, S. Stam) To reenact the statute authorizing intellectually gifted students under the age of sixteen to attend community colleges. Effective March 1, 2009. Deadline expired September 1, 2008.

Filed 2/4/09

 

HB 68 Prohibited Use of Electronic Devices/Driving (S 21) (N. Cole) To make using a mobile phone or accessing additional technology unlawful while operating a motor vehicle on a public street or highway or public vehicular area.

Filed 2/4/09

 

HB 74 Spend 66% of School Funds in Classrooms (J. Blust) To ensure that at least sixty-five percent of school funding is used for classroom instruction. Effective when it becomes law and applies to expenditures for school years beginning with the 2011-12 school year.

Filed 2/5/09

 

HB 76 School Board Candidate Filing Fee (R. Glazier) To set a uniform filing fee for Board of Education candidacy. Effective for elections conducted on or after September 1, 2009.

Filed 2/5/09

 

HB 79 Extend School Formula Study Committee (R. Glazier) Directing the Joint Legislative Study Committee on public school funding formulas to extend its review of public school funding.

Filed 2/5/09

 

HB 81 Notice of Special/Emergency Meetings (G. Cleveland) To amend the Notice of Special and Emergency Meetings under the Open Meetings Act. Effective July 1, 2009. Filed 2/5/09

HB 83 Modify Out-of-State Tuition Exemption (P. Harrison, G. Cleveland) To limit to academic scholarships a budget provision granting in-state tuition to certain full scholarship students.

Filed 2/5/09

 

HB 88 Healthy Youth Act (B. England, S. Fisher, A. Adams, W. Wilkins) To provide for abstinence until marriage and comprehensive sexuality education programs in grades seven through nine. Amends Statute to provide that Health Ed. Programs include 1) an abstinence only until marriage program and 2) an abstinence-based comprehensive sexuality education program. Declares the act to be known as Healthy Youth Act of 2009. Deletes requirement that the SBE evaluate materials and maintain a list of abstinence until marriage curricula. Directs LEAs to offer an abstinence-only until marriage program beginning in Grade 7. Enacts new subdivision directing each LEA to offer an abstinence-based comprehensive sexuality health education program in Grade 7. Enacts new subdivision for each LEA to provide consent forms to all parent or guardians of students in grades 7 through 9 explaining the two tracks and directs each LEA to direct each parent/guardian to select one of the two tracks for his or her child and return the signed contract form to the school. Failure to select an option will result in the student being enrolled in the abstinence-based program. Schools are required to offer both tracks. Repeals Statute requiring SBE to develop objectives for instruction in prevention of sexually transmitted diseases as information is incorporated in the proposed abstinence-based curriculum. Deletes requirement for local unit to hold public hearings prior to implementing a comprehensive sexual education program. Makes changes to G.S. 115C-81(e1)(5) and 115C-81(e1)(7).  Effective when it becomes law and applies to the 2009-2010 school year.

Filed 2/5/09

HB 92 North Carolina Science Olympiad Funds (R. Glazier, J. Weiss) To appropriate funds to expand the North Carolina Science Olympiad to all one hundred counties. Appropriates $200,000 for 2009-2010 and $200,000 for 2010-2011 to expand the Science Olympiad to all 100 counties, sponsor at least 15 regional tournaments, increase the number of participating schools, and provide a state director to coordinate the program.  Effective July 1, 2009.

Filed 2/9/09

 

HB 94 Clarify Definition of Retirement (B. Owens, V. Insko) To amend the definition of retirement to clarify that service as an unpaid volunteer in a local school administrative unit is not considered service for the purpose of that definition.

Filed 2/9/09

HB 125 Raise Cap on Charter Schools (J. Gulley, M. Avila) To raise the cap on Charter Schools by ten percent on the previous year’s number of operating charter schools.

Filed 2/11/09

 

HB 126 Eliminate the Cap on Charter Schools (J.Gulley, M. Avila) To eliminate the cap on the number of charter schools.

Filed 2/11/09

 

HB 149 Require Arts Education Credit for Graduation (SB 66) (B. Carney, R. Glazier, A. Adams and L. Johnson) Directing the State Board of Education to require one Arts Education credit for graduation from high school as recommended by the Joint Select Committee on Arts Education.

Filed 2/11/09

 

HB 154 Appoint State Superintendent (L.Daughtry) To amend the North Carolina Constitution to make the Superintendent of Public Instruction an appointee of the Governor and to make corresponding statutory changes.

Filed 2/12/09

 

HB 155 Appoint State School Superintendent (HB 154) (P. Haire, H. Brubaker, L. Johnson, M.  Lucas) To amend the North Carolina Constitution to make the Superintendent of Public Instruction an appointee of the Governor and to make corresponding statutory changes.

Filed 2/12/09

 

HB 160 Teacher Assistants in Special Education Classes/Personal Leave (R. Glazier, L. Wiley, R. Rapp, A. Adams) To provide personal leave for teacher assistants who are required by law to have a substitute when they are out of the classroom. Effective July 1, 2009.

Filed 2/12/09

 

HB 161 Require Six-Year Olds to Attend School (R. Glazier) To amend the Compulsory Attendance Law to require six-year old students to attend school.

Filed 2/12/09

 

HB 173 Kids Voting Funds (M. Jeffus, S. Fisher, R. glazier, R. Rapp) To appropriate funds for the Kids Voting of North Carolina Program. Appropriates $300,000 for 2009-2010. Effective July 1, 2009.

Filed 2/17/09

 

HB 176 State Minimum Wage/Inflation Increases (A. Adams) To provide for automatic adjustment of the State’s minimum wage based on increases in the Consumer Price Index. Effective January 1 of each year beginning January 1, 2010.

Filed 2/17/09

 

HB 177 Healthy Families and Healthy Workplaces Act (A. Adams) Providing for healthy families and healthy workplaces by ensuring that all workers have paid sick days to address their own health needs and the health needs of their families.

Filed 2/17/09

 

HB 184 Funding for Learn and Earn (E. Parmon) To appropriate funds for additional Learn and Earn High Schools in North Carolina, as recommended by the Joint Legislative commission on Dropout Prevention and High School Graduation. Appropriates $3.25 million for 2009-2010 and $3.25 million for 2020-11 in recurring funds to fund 11 additional Learn and Earn high schools that will be operational in 2009. Effective July 1, 2009

Filed 2/17/09

 

HB 185 Communities in School Funds (E. Parmon) To appropriate funds for Communities in Schools of North Carolina, Inc. programs and services and to place no fewer than one hundred  (100) graduation coaches in either middle or high schools, as recommended by the Joint Legislative Commission on Dropout Prevention and High School Graduation. Appropriates $6,024,091 in 2009-2010 and $6,024,091 in 2010-11 recurring funds for 100 graduation coaches in schools that have a four-year graduation rate of less than 65%. CIS is to report on the activities of the graduation coaches to the Joint Legislative Commission on Dropout Prevention and High Schools Graduation and the Joint Legislative Education Oversight Committee by October 15, 2010 and annually thereafter. Effective July 1, 2009.

Filed 2/17/09

 

HB 187 Encourage Policies to Facilitate Graduation (E. Parmon) To encourage local Boards of Education to adopt policies to encourage local businesses to adopt personnel policies to permit parents to attend student conferences, implement programs that assist students in making a successful transition between the middle school and high school years, increase parental involvement in student achievement, reduce suspension and expulsion rates and encourage academic progress during suspensions, and provide assistance and support to encourage pregnant and parenting students to graduate, as recommended by the Legislative Commission on Dropout Prevention and High School Graduation.

Filed 2/17/09

 

HB 188 Study Raising Compulsory Attendance Age (E. Parmon) To direct the Board of Governors of the University of North Carolina, in conjunction with the Department of Public Instruction and the North Carolina Independent Colleges and Universities, to direct the appropriate entity to study the impacts of raising the compulsory attendance age for pubic school attendance prior to completion of high school diploma from sixteen to seventeen or eighteen, as recommended by the Joint Legislative Commission Dropout Prevention and High School Graduation. Study the impact of raising the compulsory attendance age has had on dropout and high school completion rates for states that require compulsory attendance to ages 16, 17, and 18. The Board will report on the study and its findings and recommendations to the Joint Legislative Commission on Dropout Prevention and High School Graduation and the Joint Legislative Education Oversight Committee by April 15, 2009.

Filed 2/17/09

 

HB 205 Lottery Act Changes (B. Owens) To make various changes to the North Carolina State Lottery Act. Amends GS 18 C statutes affecting Lottery Potential Contractors and Lottery Contractors, Contracts, Back Ground checks, limits the information in public records of lottery winners, and the powers and duties of the State Lottery Director.

Filed 2/17/09

 

HB 209 Sex Offender Registry/Liberties with Student (B. Goforth) To add the offense of taking indecent liberties with a student to the list of sex offenses that requires registration under the Sex Offender and Public Protection Registration Program as recommended by the House Select Committee on Sex Offender Issues. Effective December 1, 2009.

Filed 2/17/09

 

HB 212 Health Insurance Pool Pilot Program (B. Goforth, S. Fishers, R. Rapp, T. Whilden) To authorize the establishment of health insurance pilot demonstration projects in interested counties to provide a model for affordable employer-based health insurance. Permits Eligible Demonstration Project Sponsors to establish health insurance demonstration project for large and small employers beginning April 1, 2010 through “December 31, 2014. Provides criteria and specifies the components that it may contain. The pilots will be reviewed by the Dept. of Insurance for approval. Eligible Sponsors for each project will prepare an evaluation and report to the Department of Insurance, the Joint Legislative Health Care Oversight Committee by February 1, 2014. Effective when the act becomes law and expires December 31, 2014.

Filed 2/17/09

 

HB 213 SPA (State Personnel Act) Sick Leave Transfers (V. Insko) To allow sick leave transfers for State Employees subject to the State Personnel Act and for Public School Employees. Directs State Personnel Commission to adopt rules and policies that allow employees to transfer up to 30 days of sick leave per year to other SPA employees; the sick leave may be used for extended illness not for retirement credit. New statute directs State Board of Education to impose similar directive for public school employees. Effective January 1, 2010.

Filed 2/18/09

 

HB 218 Parent & Student Educational Involvement Act (R. Glazier, A.Bryant, D. Ross, J Weiss) To enact the Parent and Student Educational Involvement Act. Requires that written notice be provided to the student’s parent by the end of the workday during which the suspension (for more than 10 days) or expulsion is recommended, when reasonably possible, but in any case no later than the end of the following workday. Effective beginning with the 2009-2010 school year.

Filed 2/18/09

 

HB 223 No High School Graduation Project Required (J. Love) Removing the High School Graduation Project as a requirement for Graduation and directing the Program Evaluation Division of the General Assembly to study the cost of the effectiveness of requiring a High School Graduation Project. Directs the State Board of Education not to include a high school graduation project as a requirement for receiving a high school diploma, however local boards of education my choose to require their students to complete a high school graduation project. Directs the Program Evaluation Division to study the cost and effectiveness of requiring a statewide high school graduation project and to report the study results to the Joint Legislative Education Oversight Committee by July 1, 2010.

Filed 2/18/09

 

HB 229 Retired Teachers Return to Work (M. McLawhorn, M. Jeffus, D. Yongue, J. Tolson) To modify the provision that permits retired teachers to return to the classroom without a loss of retirement benefits by shortening the waiting period between retirement and re-employment, extending the sunset on the provision, and removing the prohibition on contractor service after retirement for all state employees, as recommended by the Joint Legislative Education Committee. Reduces the waiting period to four months rather than six months for teachers retiring on or after October 1, 2009. Makes changes in the computation of postretirment earnings for beneficiaries, directs LEAs to pay the TSERs a contribution rate of 11.7% as a percentage of covered salaries paid to retired teachers and to provide monthly reports to the Retirement Systems Division on payments made under the contribution rate. Effective 1, 2009 and sunsets October 1, 2011.

Filed 2/19/09

 

HB 231 Positive Behavior Support Position Funds (R. Glazier, L. Johnson, M. Lucas) To appropriate funds to expand the Positive Behavior Support Initiative by establishing three new positions at the Department of Public Instruction and appropriate funds for the positions, as recommended by the Joint Legislative Education Oversight Committee.  Appropriates $285,000 in recurring funds for 2009-2010 and $285,000 in 2010-2011 to the Department of Public Instruction for three new positions. Effective July 1, 2009.

File 2/19/09

 

HB 232 Scholarship Loan for Rural Social Workers (SB 229) (R.Glazier, M.Lucas, M. McLawhorn, L.Bell) To establish the Scholarship Loan funds for Social Workers in Underserved areas, as recommended by the Joint Legislative Education Oversight Committee.

Filed 2/19/09

 

HB 235 North Carolina Youth Advancement Program (M. Alexander) To fight youth gangs through access to part-time employment and greater access to tutoring and mentoring opportunities. 

Filed 2/19/09

 

HB 241 Apply ABC Funds to Teacher Salary Increases (R. Glazier, D. Yongue) To eliminate bonuses under the ABCs of Public Education Program and to use the funds for salary increases for teachers. Repeals GS 115C105.36 (Performance Recognition) Appropriates $93,949.733 for 2009-2010 to supplement other funds appropriated for teacher salary increases.

Filed 2/19/09

 

HB 242 No ABC Bonuses for Expected Growth (R. Glazier, D. Yongue) To limit ABC Bonuses to personnel at schools that exceed expected growth and to use the savings for salary increases for teachers. Schools that achieve high growth are eligible to received ABC bonuses. Appropriates up to $73,935,064 to be used for ABC bonuses for schools that exceeded expected growth in the 2008-09 school year, and the remainder to be used to supplement other funds for teacher salary increases for the 2009-2010 fiscal year. Effective July 1, 2009.

Filed 2/19/09

 

HB 261 State Board of Education/Membership Restrictions (W. Wainwright, R. Glazier, D. Yongue, M. Jeffus) To modify the restrictions on service on the State Board of Education.

Filed 2/19/09

 

HB 264 DPI/Curriculum on 1898 Wilmington Race Riot (SB 16) (S. Hughes) Directing the Department of Public Instruction to add appropriate grade-level curriculum materials on the 1898 Wilmington Race Riot, as recommended by the 1898 Wilmington Race Riot Commission.

Filed 2/23/09

 

HB 268 School Capital Fund Formula/Lottery Proceeds (M. Hilton) To change the School Capital Construction Formula in the State Lottery Act to provide for distribution of all the funds based on average daily membership.

Filed 2/23/09

 

HB 282 Green School Construction/Loan Fund (P. Harrison) To broaden the scope of the Sustainable Energy-Efficient Buildings Program to include public school buildings, to require the State protocol standards, to create and appropriate funds to the Green School Construction Loan Fund, and to make conforming changes. Effective July 1, 2009

Filed 2/24/09

 

HB 283 Clarify Broadband Internet Access Definition (K. Alexander) Clarifying the definition of Broadband Internet Access in North Carolina.

Filed 2/24/09

 

HB 284 Extend Renewable Energy Credit Sunset (K. Alexander) To extend the sunset on the credit for investing in renewable energy property from 2011 to 2016.

Filed 2/24/09

 

HB 285 Salary Increase for Substitute Teachers (C. Tarleton) To appropriate funds to increase the salary of substitute teachers who are certified teachers. Effective July 1, 2009

Filed 2/24/09

 

HB 288 Remove Cap on the Number of Charter Schools (C. Allred) To remove the cap on the number of Charter Schools.  Repeals GS 115C-238.29(D)(b).

 

HB 299 Reinstate LEA Sales Tax Refund (B. Holloway) To reinstate the Sales and Use Tax Refund for Local School Administrative Units. Effective July 1, 2009

Filed 2/25/09

 

HB 302 Wake School Board Elections (N. Dollar, M. Avila) To provide that five members of the Wake County Board of Education be elected from districts and four at-large, to move those elections to the even-numbered year, to be elected in November on a plurality basis.

Filed 2/25/09

 

HB 308 PTA Parental Involvement/Dropout Prevention Funds (R.Glazier, D.Yongue, M. Lucas) To appropriate funds for the North Carolina PTA Parent Involvement/Dropout Prevention Initiative. Effective July 1, 2009.  Appropriates $1.5 million in 2009-2010 and $1.5 million in 2010-2011.

Filed 2/25/09

 

HB 311 Continue School Construction Funding (D. Yongue) To continue the construction funding of schools through the first and the second one-half cent Sales and Use Taxes. Effective for sales made on or after January 1, 2010.

 

HB 316 Assignment of Twins to Charter Schools (M. Jeffus) Authorizing charter schools to give priority for admission to the twin of any student assigned to a charter school. Applies at the  beginning 2009-2010 school year.

Filed 2/25/09

 

HB 324 Stimulus Funds/Contractors Must Use E-Verify (C. Cleveland, W. Neumann, J. Burr) To require contractors that will be compensated by Federal Economic Stimulus Funds to use the Federal E-Verify System, except as otherwise required by federal law.

Filed 2/26/09

 

HB 329 Retired Nurses Return to Work (SB 204) (Bob England) To enable retirees of the Teachers’ and State employees’ Retirement System to return to employment as nursing instructors without losing retirement benefits.

Filed 2/26/09

 

HB 335 Tax Fairness in Education (Paul Stam, D. McComas, R. Killian) To allow an individual income tax credit for part of the expense of avoided public education and to authorize counties to appropriate funds for children educated other than in public schools. July 1, 2009.

Filed 2/26/09

 

HB 338 Stimulus Funds/Contractors Must Use E-Verify (P. McElraft) To require contractors that will be compensated by Federal Economic Stimulus Funds to use the Federal E-Verify System, except as otherwise required by Federal Law or where necessary in order to ensure receipt of funds.

Filed 2/26/09

 

HB 339 Taxpayer Transparency Act (P. McElraft) To create a searchable budget database for state spending.

Filed 2/26/09

 

HB 344 Employers Must Use Federal E-Verify Program (W. Neumann) To require that employers in this State use Federal E-Verify Program or a similar verification of work authorization program; and to appropriate funds to establish and support a position to assist in the implementation and execution of this act.

Filed 2/26/09

 

HB 348 Modify Education Requirement/School Board Members (S. Fisher, R. Glazier, L. Johnson and L.Bell) To modify the education requirement for service on a local board of education. Requires all members of local boards of education receive a minimum of 12 clock hours of training each fiscal year for each full fiscal year of service (was, 12 clock hours of training annually) New members required to received new board members training by NCSBA between date of election/appointment and completed in one year. SBE may assess $100 fine for each hour of training that a board member fails to complete, and may garnish wages of any person who fails to pay the fine. Permits Secretary of Revenue to withhold amounts from state tax refunds owed to any person who fails to pay the fine.  Effective July 1, 2009.

Filed 2/26/09

 

HB 352 Lottery School Capital Fund Formula (SB 2) (C. Allred) to change the School Capital Construction Formula in the State Lottery Act to provide for distribution of all the funds based on Average Daily Membership.

Filed 2/26/09

 

HB 354 Funds for School Health Centers (V.Insko, J. Howard) To appropriate funds for School-Based/School-Linked Adolescent Health Care Centers. Appropriates $750,000 in 2009-2010 and $750,000 in 2010-2011 and $250,00 to provide start-up grants for five new school health centers in areas where there are critical needs. Effective July 1, 2009.

Filed 2/26/09

 

HB 364 State Board of Education Confirmations (M. Lucas, L. Bell) Providing for confirmation of three appointments by the Governor of new members to the State Board of Education.

Filed 3/2/09

 

HB 365 Joint Session for State Board of Education Confirmations (L. Bell, M. Lucas) Providing for a Joint Session of the General Assembly to act on a Joint Resolution providing for confirmation of the appointments by the Governor of new members to the State Board of Education.

Filed 3/2/09

 

HB 372 Renewable Energy and Energy Efficiency Credit (SB 239) (H. Holliman) To extend the sunset for the Renewable Energy Tax Credit to match the Federal Tax Credit, to encourage installation of combined heat and power property and geothermal heat pumps, and to allow energy tax credits to be taken against the gross premium tax.

Filed 3/3/09

 

HB 386 LEA Sales Tax Refund (SB 312) (D. Yongue, L. Johnson, M. Jeffus, M. Lucas) To enact the Sales and Use Tax Refund for local school administrative units so as to optimize school construction funding, as recommended by the Joint Legislative Education Oversight Committee.

Filed 3/3/09

 

HB 387 School Nutrition Programs Funds  (SB 273) (D. Yongue, L. Johnson, M. Lucas, M. McLawhorn) To appropriate funds to ensure that child nutrition programs operating in the public schools have adequate funds to implement nutrition standards adopted by the State Board of Education for elementary schools, as recommended by the Joint Legislative Education Oversight Committee.

Filed 3/3/09

 

HB 417 Drivers License Changes/Young Drivers (R. Killian) To make changes to limited provisional licenses. Modifies requirements for persons 16 to 18 before receiving a full provisional license 1) driver held a limited provisional license for at 12 months (was 6 months) and 2) driver has not been convicted of a moving violation or seat belt infraction during the preceding 12 months (was 6 months.  Also, applies to persons holding an unrestricted out-of-state license. Effective October 1, 2009.

Filed 3/4/09

 

HB 418 Drivers License Changes/Older Drivers (R. Killian) to make changes to drivers license renewal periods. Requires person 85 years or older to take road test in order to renew license. Persons 18 to 64 years of age- license renewal at 8 years, 65 to 74years of age license renewal after 5 years, current law people at least 54years of age renewable after 5 years with no upper age limit. Effective October 1, 2009. Filed 3/4/09

HB 427 Counties May Fund Charter Schools (SB 378) (T. Moore,G. Cleveland, L. Brown, W. Current) Authorizing counties to provide funds to charter schools.

Filed 3/4/09

 

HB 429 Retirement System COLAS (R. Tucker) To address cost-of-living- adjustments for retirees of the Teachers’ and State Employees’ Retirement System, the Judicial Retirement System, and the Local Governmental Employees’ Retirement System.  Adjust cost of living benefits to members for the 2009-2010 fiscal year that is the same percentage as those pay increases that are provided to state employees for the 2009-2010 fiscal year provided that the increase is not to be more than 1 percent.  Effective July 1, 2009

Filed 3/4/09

 

HB 433 Change Corporate Income Tax (H. Brubaker) To change the Corporate Income Tax. Clarifies that nonapportionable income is allocable to North Carolina if the business activities or investments producing the income is located in North Carolina.

Filed 3/5/09

 

HB 437 Modify Requirements for School Admission (D. Folwell, J.Crawford, E. Sager, P.Hurley) To modify the requirements for school admission in North Carolina. Admission requirements 1) certified copy of the child’s birth certificate or other satisfactory evidence of birth 2) certificate of immunization. To allow school authorities to accept as secondary proof of age a certified copy of any medical records of child’s birth issued by the treating physician or hospital in which the child was born or a certified copy of a birth certificate issued by a church, mosque, temple, or other religious institution that maintains birth records of its members. Also, children enrolling for first time or transfers the principal requires the parent to state whether the child is a citizen or national of the U.S., if not provide immigration status of the child but limit the use of the information for fiscal analysis only not as a basis for denying admission.

Filed 3/5/09

 

HB 438 State Health Plan/Calendar Year (D. Folwell, H. Holliman,.C. Blackwell, D. Blue) To allow the Teachers’ and State Employees Comprehensive Major Medical Plan to change its plan year from a fiscal year to a calendar year.

File 3/5/09

 

HB 439 State Health Plan/Taxpayer Recovery Act (D. Folwell, B.England, P. Hurley, L. Hall) To reduce the financial loss to counties and cities for unreimbursed county or city ambulance services provided to State Health Plan members by requiring the State Health Plan to make payments for county or city ambulance services directly or co-payable to the county or city ambulance service providers. Effective July 1, 2009

Filed 3/5/09

 

HB 440 Nicolas Adkins School Bus Safety Act (D. Folwell, Cole, G.Mills, J. Love) To provide for the use of automated camera or video recording systems to detect and prosecute individuals who pass stopped school buses, as recommended by the Child Fatality Task Force.

Filed 3/5/09

 

HB 441 No Sunset/Teacher Personal Leave Provision (SB 297) (M. Alexander) To repeal the sunset on the law authorizing teachers to take personal leave without penalty under certain circumstances.

Filed 3/5/09

 

HB 442 Parental Involvement in School Discipline (M. Alexander, S. Fisher, R. Glazier, E. Parmon) To require the written permission of a parent or guardian before a child received corporal punishment in the public schools and to require local school administrative units to report occurrences of corporal punishment.

Filed 3/5/09

 

HB 443 Increase Class Size in the Public Schools (P.Stam, L. Wiley) To increase class size in the public schools. For 2009-2010 and subsequent years, increase class size and allotment rations Grades 1-12 to one student higher than they were in 2008-09, with maximum class size limits for Grades 1-12  to be two students higher than in 2008-09.

Filed 3/5/09

 

HB 444 Pay Teachers for 2nd Masters’ Degree (B. Holloway) To appropriate funds to increase the salary of teachers who have two Masers’ Degrees. Appropriates $1,446,555 in 2009-2010 and $1, 446,555 in 2010-2011 to raise salary schedule for teachers who have two relevant master’s degrees to 5 percent higher than the schedule of “M” teachers.  Effective July 1, 2009

Filed 3/5/09

 

HB 470 Calculation of the Dropout Rate (T. Cotham, M. Lucas, S. Fisher, L. Johnson) To clarify the calculation of the dropout rate. To specify the calculations of the dropout rate must not include students who transfer to a community college, college, or university and enroll in a degree program, but that students who voluntarily withdrew or are expelled and do not finish at another school shall be considered to have dropped out. Effective beginning 2009-2010 school year.

Filed 3/5/09

 

HB 482 Reinstatement of Sick Leave/School Employees (T.Cotham) Relating to the reinstatement of unused sick leave for public employees. Maximum period of separation after which unused sick leave is reinstates be three calendar months longer for school personnel on 10-month contracts.  Effective July 1, 2009

Filed 3/5/09

 

HB 483 School Calendar Flexibility/Some LEAs (P. Haire) To modify the required school opening and closing dates in certain local school administrative units.  Affects Cherokee, Clay, Graham, Jackson, Macon and Swain.

Filed 3/5/09

 

HB 499 School Calendar Flexibility/2 LEAs (B. Goforth) To modify the required school opening and closing dates in two local school administrative units. Affects Asheville City and Buncombe County.

Filed 3/5/09

 

HB 509 Funds for Academically Gifted Children (R. Glazier) To increase funding for academically or intellectually gifted children.  Appropriates $2,929,850 for 2009-2010 and $2,929,850 in 2010-2011 to increase funding at $1,213.07 (an increase of $75.88) per child to a maximum of 4%.

Effective July 1, 2009

 

HB 512 Incentives for Energy Conservation (SB 305) (H. Holliman, P. Harrison, P. Luebke) To create incentives for high-performance homes and renewable energy, to require reporting on energy usage by public schools and state institutions of higher learning, and to add the design principals of the NC HealthyBuilt Homes Program to the certification or rating systems that may qualify for building permit fee reductions or partial rebates allowed by counties and cities in order to encourage construction of buildings using sustainable design to achieve energy efficiency.

Filed 3/9/09

 

HB 518 Lottery Name Changed (J. Blust) To change the name of the North Carolina Education Lottery to the North Carolina State Lottery.

Filed 3/9/09

 

HB 535 Health Insurance Coverage/Lymphedema (T. Cotham) To require health insurers, including the State Health Plan, to provide coverage for the diagnosis and treatment of lymphedema.

Filed 3/11/09

 

HB 536 task Force on Sports Injuries in Schools (T. Cotham, R. Glazier) To establish the Legislative Task Force on Sports Injuries.

Filed 3/11/09

 

HB 537 New Assistant Principals/No Pay Decrease (SB 306) (T. Cotham) To ensure that teachers who become assistant principals do not experience a decrease in monthly pay.

Filed 3/11/09

 

HB 539 Merge Smart Start/More At Four (R. Rapp, R. Glazier, B. England, M.Lucas) To merge the “More At Four” Program with the North Carolina Partnership for Children, Inc.

Filed 3/11/09

 

HB 544 Economic Impact/Regulatory Legislation (N.Dollar) To require economic impact statements on all bills that propose regulatory changes, similar to the fiscal notes that agencies must prepare during rule making.

Filed 3/11/09

 

HB 547 School Calendar Flexibility/3 LEAs ( D.Guice) To modify the require school opening and closing dates in three local school administrative units. Henderson, Polk and Transylvania Counties.

Filed 3/11/09

 

HB 548 School Violence Prevention Act  (SB 526) (R. Glazier, S. Fisher, Tarleton, G. Martin)  To enact the school Violence Prevention Act. New statute prohibiting bullying and harassing behavior, imposing a duty to report instances of bullying and harassing, and prohibiting reprisal and retaliation against persons reporting the behavior. Direct LEAs to adopt policy prohibiting bullying or harassing behavior before December 31, 2009. Requires notice of policy to be in 1) school publications that sets forth rules and procedures with the school unit, 2) student handbook and 3) school employee handbook. Also, requires notice of policy to be incorporated in school employee and volunteer training programs by March 1, 2010.  Directs schools to develop and implement strategies for promoting school environments that are free of bullying or harassing behavior.  Effective at the beginning of the 2009-2010 school year.

Filed 3/11/09

 

HB 577 Funds for Healthy Carolinians (SB 281) (J. Weiss) To appropriate funds to assist in the establishment and sustainability of healthy Carolinians partnerships health promotion initiatives in each county.

Filed 3/11/09

 

HB 582 Special Education Changes (R. Glazier) Providing for compliance with Federal Law requiring the provision of educational services to students transferring into a North Carolina School District while under a term of suspension or expulsion.

Filed 3/11/09

 

HB 583 Clarify Local School Board Sovereign Immunity (R. Glazier) To clarify that an adequate state remedy is provided in actions against local school boards only when sovereign immunity is waived.

Filed 3/11/09

 

HB 584 School Funding Flexibility/Pilot Program (R. Glazier) To establish the school Funding Flexibility Pilot Program. Direct SBE to select 10 LEAs  from certain criteria to serve as the pilot LEAs by December 31, 2009. Allows the pilot LEAs to spend state funds without limitation for any lawful purposes during the 2010-2011 and 2011-2012 fiscal years,(with the exception of Federal grants). At the end of 2011-2012 SBE determines that there has been an increase in student academic performance in the pilot LEAs due to its participating in the pilot program, the LEAS may extend the pilot for two additional years. SBE shall report annually by December 15, on the impact of the funding flexibility to the Joint Legislative Education Oversight Committee.  Effective July 1, 2009.

Filed 3/12/09

 

HB 589 Insurance/Cover Hearing Aids (SB 375) (B. England, M. Alexander, L.Wiley, R. Glazier) To require health benefit plans and the State Health Plan to cover hearing aids and replacement hearing aids.

Filed 3/12/09

 

HB 593 Change School Starting Date (P.Luebke, M. Alexander, B. England) To change the school starting date for students.  Amends statute to modify the public school opening date for student in the state may not be before the second Monday in August.  Effective with the beginning of the 2009-2010 school year. Filed 3/12/09

HB 599 Model Program/Children with Disabilities (SB616))(V.Insko) To appropriate funds for a pilot Regional Special Education Fund to support multidisciplinary assessment services for children with severe communication and mobility disabilities who have good academic potential.  Effective July 1, 2009.

Filed 3/12/09

 

HB 609 Limit State-Mandated Tests in Schools/2 years (J. Howard, Brubaker) Suspending the statewide testing program in the public schools for two years except as otherwise required by Federal Law.

Filed 3/16/09

 

HB 616 Model Program/Children with Disabilities (HB 599) To appropriate funds for a pilot Regional Special Education Fund to support multidisciplinary assessment services for children with severe communication and mobility disabilities who have good academic potential.

Filed 3/16/09

 

HB 625 Matching Funds Repeal (SB 336) (Current) To remove the matching funds provisions of the Public Campaign Act and the Voter-Owned Election Act, consistent with the decision of the Supreme Court of the United States in Davis V. Federal Election Commission, and to make conforming and related changes.

Filed 3/17/09

 

HB 642 Retirement Technical Corrections (Tucker) To make technical corrections and other changes to the Statutes governing the Teachers’ and State Employees’ Retirement System, the Judicial Retirement System and the Legislative Retirement System, and the Local Governmental Employees’ Retirement System, and the Firemen’s and Rescue Squad Workers’ Pension Fund.

Filed 3/17/09

 

HB 648 Reduce Service Break/Returning Teachers (H.Holloway) To reduce the required break- in-service for teachers who return to work without losing retirement benefits.

Filed 3/17/09

 

HB 651 Restore Continuation Funding for PEP Program (T. Cotham, D.Yongue) To restore funding for the Principals’ Executive Program.

Filed 3/17/09

 

HB 655 Funds for Teachers’ Institute Program (M.Jeffus, R. Glazier, M. McLawhorn) To appropriate funds for the Teachers’ Institute Program Operated by the North Carolina Humanities Council.

Filed 3/17/09

 

HB 659 Study Existing Children/Youth Programs (SB 594) (A. Bordsen, M. Alexander, Earle) Authorizing the Joint Legislative Program Evaluation Committee to direct the Program Evaluation Division to study existing program relating to children and youth in North Carolina, as recommended by the Joint Legislative Study Commission on Children and Youth.

Filed 3/18/09

 

HB 661 City Managers on School Boards (R. Warren) To allow City Managers in certain smaller municipalities to serve as members of Boards of Education. Population of city not to exceed 3,000.

Filed 3/18/09

 

HB 682 Adjust Conflict Threshold (D. Guice) To adjust the exemption limits for small local governments in public contracting statutes to account for inflation since last adjusted seven years ago, and to allow automatic adjustments to account for future changes in the Consumer Price Index.

Filed 3/19/09

 

HB 687 Tax Credits for Children with Disabilities (P. Stam) To allow an individual Income Tax Credit for part of the expense of avoided public education for children with disabilities who require special education and related services outside the regular classroom and who are enrolled in and attending nonpublic schools or public schools at which tuition is charged and to create a fund for special education and related services.

Filed 3/19/09

 

HB 691 State Contracts/Slavery Profits (L. Womble) Requiring companies entering into contract with State Departments to examine their records for evidence of participation in or profiting from slavery. Effective for contracts entered into on or after October 1, 2009.

Filed 3/19/09

 

HB 707 Legislative Study of ABC Bonus Program (W. Wilkins, D. Yongue, R. Glazier, L.Johnson) Directing the Joint Legislative Education Oversight Committee to Study the ABC Bonus Program.

Filed 3/19/09

 

HB 708 Furlough of State Employees (R. Rapp, R. Glazier) To authorize the Governor, the Legislative Services Commission, and the Chief Justice to order the mandatory furlough of employees in order to effect necessary economies in State expenditures when it is determined that a significant budget deficit will occur.

Filed 3/19/09

 

HB 711 Sales Tax Fairness Act (W.Wilkins) To provide for the fair treatment of governmental entities by reenacting the Sales and Use Tax Refund for local school administrative units and for school food service agencies. Effective for purchases made on or after July 1, 2009.

Filed 3/19/09

 

HB 717 (SB 644) Study of High School Programs at Community Colleges (SB 644)(C. Tarleton) Directing the Joint Legislative Education Oversight Committee to Study the consolidation of General Statutes and Administrative Rules pertaining to high school programs offered at community colleges.

Filed 3/19/09

 

HB 734 Open Government/Nondisclosure Penalties (J.Blust) Amending the public records laws to provide that the successful plaintiff in a public records dispute is entitled to reasonable attorneys’ fees and to impose individual liability for civil penalties for failure to provide access to public records without good cause creating the Open Government Unit of the Department of Justice; and, establishing a fee for moderation and mediation services by that unit. Effective October 1, 2009.

Filed 3/19/09

 

HB 735 Building Code/High Schoolers at Community Colleges (C. Tarleton) To clarify the law regarding building code standards for buildings used by high school students attending classes on community college campuses.

Filed 3/19/09

 

HB 744 Diabetes Control Plans in Charter Schools (SB 738) (D. Yongue) To require Boards of Directors of charter schools to implement the guideline adopted by the State Board of Education for the development and implementation of individual diabetes care plans and to require local Boards of education and Boards of Directors of Charter Schools to report annually to the State Board of Education about their compliance with these guidelines

Filed 3/23/09

 

HB 750 Restore Contract Rights to State/Local (SB 427) (D. Blue) To restore Contract Rights to State and Local Entities.

Filed 3/23/09

 

HB 751 Regional Solid Waste Authority/State Health Plan (A. Underhill) To authorize the Costal Regional Solid Waste Management Authority to enroll its employees and retirees in the State Health Plan for Teachers and State Employees.

Filed 3/23/09

 

HB 753 School Bus/Activity Bus Operation (B. Carney) To clarify restrictions on operating a school bus or activity bus while occupied by a child or children. Effective for offenses committed on or after October 1, 2009.

Filed 3/24/09

 

HB 764 2009 Speaker’s Appointments Bill (B. Owens) To appoint persons to various public offices upon the recommendation of the Speaker of the House of Representatives.

Filed 3/24/09

 

HB 770 Assignment of Twins to Charter Schools (HB 316) (R. Glazier) Authorizing charter schools to give priority for admission to the twin of any student assigned to a charter school.

Filed 3/24/09

 

HB 776 No Bullying Anyone at Public School (P. Stam) To prevent bullying at public schools. Enacts new Article 29B School Violence Prevents of GS 115. Prohibits bullying and harassing behavior. Imposes an affirmative duty to report instances of bullying and harassing, and prohibits reprisal or retaliation against persons who report the behavior. Specifies that bullying and harassing behavior is any pattern of gestures, verbal communications, or physical acts that take place on school property, at school-sponsored functions, or on a school bus, and that places a student or school employee in actual and reasonable fear of harm to the individual’s person or damage to the individual’s property or creates a hostile environment. Defines hostile environment. Directs local education agencies (LEAs) to adopt a policy before December 1, 2009 prohibiting bullying or harassing behavior. Requires notice of policy to be included in: 1) school publication that sets forth the comprehensive rules, procedures and standards of conduct within the school unit, 2) student handbook, and 3) school employees handbook. Requires information regarding local policy against bullying or harassing behavior be incorporated into the school employee training program. LEAs to provide training to school employees and volunteers and implement process for discussing the policy with students. Applies to the 2009-2010 school year.

Filed 3/24/09

 

HB 779 Educational Governance Framework (SB 773) (B. Carney, D. Yongue, L. Johnson, M. Lucas) Creating an Education Governance Framework for the 21st Century.

Filed 3/25/09

 

HB 792 Teacher Assistant Salary Schedule (A. Adams) To establish a new salary schedule for noncertified personnel of the North Carolina Public Schools. Effective July 1, 2009

Filed 3/25/09

 

HB 793 Salary Supplement/Some Automotive Teachers (SB 762) (W. Wilkins, D. Yongue, R. Glazier, J.Langdon) To appropriate funds to provide a salary supplement of 12 percent to Nationally Certified Teachers in high school automotive programs.

Filed 3/25/09

 

HB 797 Funds for Testing Coordinators (L. Bell) To provide testing coordinators in the public schools. One position for every 2,000 students with a minimum of one position for each LEA. Effective July 1, 2009

Filed 3/25/09

 

HB 804 Amend Law RE: Personal Education Plans (T. Cotham, D.Jackson, M. Lucas, E. Parmon)

To amend the law regarding Personal Education Plans for every student at risk of academic failure. General Statute requires the development of a personal education plan for a cademic improvement for every student who is not performing at least at grade level, as identified by end of grade state tests. Requires LEAs to give notice and provide a copy of the PEP to the student’sparent or guardian. Beginning with the 2009-2010 school year.

Filed 3/25/09

 

HB 805 Workers Comp./Caluclation of Income (R. Glazier) To provide that an employer’s contributions to an Employee’s Retirement Accounts are included in the calculation of “average weekly wage” under the Workers’ Compensation Act.

Filed 3/25/09

 

HB 815 Funds for CareerStart Program (R. Rapp) to appropriate funds to continue this CareerStart High School Program. Appropriates $150,000 for 2009-2010 and $150,000 for 2010-2011 to UNC Board of Governors to continue the evaluation of the CareerStart Program by the School of Social Work to determine the progrm’s long-term effectiveness in reducing the dropout rate. Effective July 1, 2009.

Filed 3/26/09

 

HB 827 Unattended Children in Vehicles (A.Underhill) To make leaving an unattended child in a motor vehicle unlawful. Makes it unlawful for any parent, legal guardian,or person responsible for a child eight years old oryounger to leave the child in a motor vehicle on any public street or public vehicular area without the child being supervised in the vehicle by a person who is at leat 14 yaears old. First Offense: warning citation, second offense: Class 2 misdemeanors. Court may require person convicted of this offense to attend and satisfactorily complete a specific community education program. Effective December 1, 2009 and applies to offenses committed on or after that date.

Filed 3/26/09

 

HB 841 Statutory Changes for ARRTA Funds (SB 754) (B.Owens) To amend the North Carolina General Statutes to allow the State to take full advantage of Federal Economic Stimulus Legislation also known as the American Recovery and Reinvestment Act of 2009 (ARRTA).

Filed 3/26/09

 

HB 843 Workers’ Comp. /Medical Diagnostic Testing (D.Jackson) To require the attending physician of an employee to select the Health Care Provider and the Diagnostic Services Center to administer and analyze any diagnostic tests authorized by a physician under the Workers’ compernsation Act.

Filed 3/26/09

 

HB 850 Local Control of School Calendar/2 Counties (B.Faison) To exempt the Caswell County Schools and the Orange County Schools from the required school opening and closing dates.

Filed 3/26/09

 

HB 856 Modify Charter School Law (M. Lucas, L. Bell, D. Yongue, L.Wiley) To raise the cap on the number of charter schools and to implement recommendations of the Blue Ribbon Commission on Charter Schools. Raise the statewide cap on charter schools from 100 to 106 and to add a provision requiring the SBE toprioritize applications for schools that will be located within LEAs without charter schools. Enacts statute requiring chartering entity to continuously evaluate its process for reviewing applications to identify characteristics that are predictive of later success of the charter schools. Amends General Statute to provide that failure to meet the standards for academic growth and academic performance developed by the SBE and constitutes grounds for termination or non-renewal of the charter. Enacts statute to require SBE to develop a diagnostic process of oversight to enable a timely response to inadequate school performance.

Effective July 1, 2009.

 

 

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One Response to “House Legislative Bills Summary: 2009 Session”

  1. Education Bills: 2009 Session « North Carolina Education Policy Blog Says:

    […] House Legislative Bills Summary: 2009 Session […]


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