Summary of 2010 Ratified Legislation: House Version


To view entire Bill click on Bill number or title.

HB 213 VSL Non-Family Sick Leave Donations (=S352) (Insko) Requires the adoption of rules and policies for the Voluntary Shared Leave Program that will permit the donation of sick leave to a non-family member recipient for state employees subject to the State Personnel Act and for public school employees, and requires the State Personnel Commission, the State Board of Education, and the State Board of Community Colleges to make an annual report on the Voluntary Shared Leave Program.  Effective January 1, 2011.

HB 357 School Absence for Religious Holidays (Bordsen) An act to direct the State Board of Education, the State Board of Community Colleges, and the Board of Governors of the University of North Carolina to adopt rules or policies pertaining to religious holidays and the academic work missed because of the observance of those holidays and to direct public schools to instruct students on the significance of Memorial Day. Effective when it becomes law and applies to the 2010-2011 school year.

HB 593 Modify Good Cause Waivers (Luebke) An act to modify the school calendar law regarding waivers for good cause due to inclement weather or emergency conditions, and to limit the use of public funds by counties, municipalities, and local boards of education to endorse or oppose a referendum, election, or candidate for office. Effective when it becomes law and applies to the 2010-2011 school year.

HB 636 School Calendar Flexibility/Inclement Weather (Haire) Entitles certain local boards of education additional flexibility with regard to instructional time lost due to inclement weather. Effective when it becomes law and applies to 2009-2010 school year.

HB 901 Honors Courses in Healthful Living (Insko) Directs the State Board of Education to develop or identify academically rigorous honors-level courses in healthful living education that can be offered at the high school level. Effective June 28, 2010.

HB 961 Gov’t Ethics & Campaign Reform Act of 2010 (Glazier) An act that will in part strengthen transparency of government through increasing and clarifying accessibility to legislative records and other public records. Effective July 10, 2010.

HB 1292 Univ. Energy Savings/LEA Operational Leases (Harrison) Expand the use of operational leases by local boards of education. Effective July 1, 2010.

HB 1377 Safe Schools Act (Folwell) If a career employee has been recommended for dismissal under G.S. 115C-325(e)(1) and the employee chooses to resign without the written agreement of the superintendent, then: a. The superintendent shall report the matter to the State Board of Education, b. The employee shall be deemed to have consented to (i) the placement in the employee’s personnel file of the written notice of the superintendent’s intention to recommend dismissal and (ii) the release of the fact that the superintendent has reported this employee to the

State Board of Education to prospective employers, upon request. The provisions of G.S. 115C-321 shall not apply to the release of this particular information. c. The employee shall be deemed to have voluntarily surrendered his or her certificate pending an investigation by the State Board of Education in a determination whether or not to seek action against the employee’s certificate. This certificate surrender shall not exceed 45 days from the date of resignation. Provided further that the cessation of the certificate surrender shall not prevent the State Board of Education from taking any further action it deems appropriate. The State Board of Education shall initiate investigation within five working days of the written notice from the superintendent and shall make a final decision as to whether to revoke or suspend the employee’s certificate within 45 days from the date of resignation. Effective when it becomes law.

HB 1669 Require Use EVAAS in Schools (=S 1139) (McLawhorn) Requires school improvement teams to use EVAAS or a compatible and comparable system approved by the State Board of Education to collect diagnostic information on students and to use that information to improve student achievement. Effective when it becomes law.

HB 1676 Substitute Teacher Unemployment (=S 1143) (Fisher) Restores a balance to the law on unemployment compensation for substitute teachers as recommended by the Joint Legislative Education Oversight Committee.  Effective June 28, 2010.

HB 1682 Ban Corporal Punishment for Children with Disabilities (=S 1138) (Glazier) Prohibits the use of corporal punishment on a student with a disability as defined in G.S. 115C-106.3(1) or section 504 of the Federal Rehabilitation Act of 1973 whose parent or guardian has stated in writing that corporal punishment shall not be administered on that student, and to require local Boards of Education to report occurrences of corporal punishment to the State Board of Education. Effective when it becomes law and applies to 2010-2011 school year.

HB 1683 Amend Sunset/Children with Disabilities (=S 1140) (Glazier) Delays the sunset of an act pertaining to the discipline and homebound instruction of students with disabilities as recommended by the Joint Legislative Education Oversight Committee.  Effective June 28, 2010.

HB 1707 SHP/Age-Out Dependents; Tobacco Use Testing (Holliman) Allows a dependent child, enrolled in the North Carolina State Health Plan for Teachers and State Employees (Plan) as of May 1, 2010, to remain on the Plan through the end of the month following the child’s 26th birthday, regardless of GS 135-45.2(d)(1) (requiring that the dependent child be a full-time student to qualify) provided that the child is not eligible for other employer-sponsored health benefit coverage; effective June 1, 2010, and repealed July 1, 2011. Directs the executive administrator of the Plan to consult with the Committee on Employee and Hospital Medical Benefits before implementing a plan to verify tobacco use by Plan members.  Session Law June 7, 2010.

HB 1726 Improve Child Care Nutrition/Activity Standards (Weiss) An act to require the Child Care Commission, in consultation with the Division of Child Development of the Department of Health and Human Services, to develop improved nutrition standards for child care facilities, to direct the Division of Child Development to study and recommend guidelines for increased levels of physical activity in child care facilities, and to direct the Division of Public Health to work with other entities to examine and make recommendations for improving nutrition standards in child care facilities. Effective when it becomes law.

HB 1757 Fitness Testing in Schools (=S 1296) (Insko) Directs the State Board of Education to develop guidelines for public schools to use evidence-based fitness testing for students statewide in grades kindergarten through eight, as recommended by the Legislative Task Force on Childhood Obesity.   Effective with the 2011-2012 school year.

HB 1829 Renewable Energy Incentives (Luebke) To provide a written allocation of the federal §179d tax deduction for energy efficient commercial buildings owned by a governmental entity. Effective when it becomes law.

HB 1864 No High School Graduation Project Required (=S 1253) (Cole) Removes the high school graduation project as a requirement for graduation. Amends GS 115C-81(b).  Effective July 1, 2010.

HB 1998 Reciprocity for ORP Service (Haire) Authorizes reciprocity for service in the Optional Retirement Program for members of the Teachers and State Employees Retirement System.   Effective July 1, 2010.

HB 1973 Various Economic Incentives (Owens) Encourage the use of multiple award schedule contracts by the Department of Administration, when issuing requests for proposals for state contracts. This is the final section of this bill. Effective when it becomes law.

HB 2054 Retirement Technical Corrections (Tucker) Makes technical corrections to the statutes governing the Teachers’ and State Employees’ Retirement System and the Local Government Employees’ Retirement System. The major changes address benefit options and who may be designated to receive them. Effective July 1, 2010.

HB 2066 Special Retirement Allowances (Bryant) At any time coincident with or following retirement, a member may make a one-time election to transfer any portion of the member’s eligible accumulated contributions, not including any Roth after-tax contributions and the earnings thereon, from the Supplemental Retirement Income Plan of North Carolina or the North Carolina Public Employee Deferred Compensation Plan to this Retirement System and receive, in addition to the member’s basic service, early or disability retirement allowance, a special retirement allowance, which shall be based upon the member’s transferred balance. Notwithstanding anything to the contrary, a member may not transfer such amounts as will cause the member’s retirement allowance under the System to exceed the amount allowable under G.S. 135-18.7(b). The Board of Trustees may establish a minimum amount that must be transferred if a transfer is elected. In addition there are various other references to retirement benefits in this bill. The majority of the bill is effective January 1, 2011.

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