Legislative Bulletin

May 18, 2001

 
You can obtain the full text of any of these bills from the General Assembly's bill look-up service. Just remember the number of the bill you wish to see (e.g., H1 or S2, no periods or spaces) and then type that number in at the prompt when you reach the legislature's web site. NCCBI encourages you to register your opinion on legislation by sending an email to your legislator


Legislative Actions

Bill advances giving school boards
flexibility in hiring superintendents
Legislation to allow local school systems to hire superintendents who are otherwise well qualified but who don’t hold a college degree in education passed the Senate by a vote of 47-1 last week and received a favorable report Tuesday from the House Education Committee.  The bill, S. 378 Education Degree Not Required/ Local Superintendent, originally on the May 16 House calendar but was re-calendared for Tuesday, May 22.

NCCBI President Phil Kirk testified before the House Education Committee and echoed the statements of the bill’s sponsor, Sen. Howard Lee (D-Orange), who said administrative and managerial experience should be the criteria for leading a school system. “It’s difficult to find good superintendents,” Kirk said. “The local school board should have the authority to hire the best possible person – whether or not that person has an education degree.”

Under the current law, a person must hold a principal’s certificate and have experience as a principal before they can be considered for a superintendent position. Former governors Jim Hunt and Jim Martin, former UNC System President Bill Friday or former Cabinet secretary Elizabeth Dole could not be superintendents, although they have a broad knowledge of education issues and extensive management experience.

John Dornan, executive director of the Public School Forum, who also testified before the committee, said the state’s university and community college system have the opportunity to hire leaders who do not have education degrees.

North Carolina is recognized for its superior higher education system, he said, but K-12 education continues to struggle in many areas. Providing local flexibility will allow local school districts to “think outside the box” and hire the person with the credentials they consider to be the most suitable for their school districts, he said.


Committee Actions and Floor Votes

The House on Wednesday concurred with Senate amendments to H. 1285 Delay Praxis II Test for New Teachers {McLawhorn} and the measure was enrolled. The bill gives new teachers two years instead of one to pass a state-required competency test. State education leaders said it undercuts efforts to raise standards for classroom teachers. Supporters of the measure said the bill gives local school systems, particularly those in rural areas, more flexibility at a time when teachers are in short supply.

The House on Wednesday concurred with Senate amendments to H. 438 Clarify Community College Performance Measures {Yongue} and the measure was enrolled. The bill changes one of the 12 performance yardsticks that the State Board of Community Colleges uses to evaluate each of the state’s 59 community colleges for the purpose of performance budgeting. The revised measure says campuses will be evaluated for “goal completion of program completers” instead of “completers and noncompleters.”

The Senate on Wednesday gave second- and third-reading approval to H. 1143 Sports Club ABC Permits {Gibson} and the measure was enrolled. The bill allows all sports clubs and private residential clubhouses across the state to apply for mixed-drink permits. The House-passed bill would pre-empt an anticipated court ruling that could overturn special legislation allowing about 100 such clubs to serve mixed drinks. The bill exempts seven counties, Lincoln, Harnett, Davie, Graham, Swain, Yancey and McDowell. However, clubs in those counties would have 90 days to apply for permits allowing them to serve mixed drinks. The bill defines a sports club as an 18-hole golf course or a facility with two or more tennis courts or both.

The Senate on Wednesday concurred with House amendments to S. 310 Uniform Securities Regulation {Hoyle} and the measure was enrolled. The measure clarifies the law governing administrative proceedings of the Secretary of State, authorizes the Secretary of State to appoint a hearing officer to conduct hearings on licensing matters, and authorizes the secretary to adopt uniform national securities regulation standards by temporary rule.

The Senate on Wednesday concurred with House amendments to S. 542 Database on Psychotropic Medicines for Children {Foxx} and the measure was enrolled. The bill directs the state Department of Health and Human Services and the state Department of Juvenile Justice and Delinquency Prevention to review the need for establishing a statewide database on the administration of psychotropic medications to children who receive state services.

The House on Tuesday gave second- and third-reading approval to S. 16 Municipal Election Boards {Gulley} and returned the bill to the Senate for concurrence in amendments. As passed by the Senate, the measure would abolish all municipal boards of election and require all elections to be conducted by county boards of election. The measure was amended in the House to allow four Western Piedmont towns to continue operating their boards of elections -- Morganton, Granite Falls, Rhodhiss and Old Fort. The bill is headed to a conference committee.

The House on Wednesday gave second- and third-reading approval to S. 735 Change Education Cabinet Membership {Dalton}, and the measure was enrolled. The bill adds the president of the N.C. Independent Colleges and Universities to the Education Cabinet. Other members of the Education Cabinet are the governor, the president of the UNC System, the state superintendent of public instruction, the chairman of the State Board of Education and the president of the community colleges.

The House on Wednesday gave third-reading approval to S. 264 Require State Reports Double-Sided {Kinnaird} and the measure was returned to the Senate for concurrence in amendments. The government-efficiency measure requires that all official government reports be printed on both sides of the page.

The House on Wednesday gave second- and third-reading approval to S. 716 Poll Worker Discharge {Kinnaird} and the measure was returned to the Senate for concurrence in amendments. The bill specifies that no employer may discharge or demote any employee because the employee has been appointed as a precinct official and is serving as a precinct official on election day or canvass day.

The House on Wednesday gave second- and third-reading approval to S. 739 Psychological Associates/clinical Social Worker Privilege {Carter} and the measure was returned to the Senate for concurrence in amendments. The bill extends to licenses psychological associates, licenses clinical social workers and licenses marriage and family therapists the privileged communication protections that already are enjoyed by licensed physicians and licensed psychologists.

The Senate on Wednesday gave second- and third-reading approval to S. 723 Appointed Member’s Statement of Economic Interest {Pope}, and the measure was enrolled. The bill requires persons appointed to fill vacant seats in the General Assembly to file the same economic disclosure statements as those filed by candidates before each election.

The House on Tuesday gave second- and third-reading approval to S. 708 Reduce School Paperwork {Horton}. The Senate-passed measure is intended to eliminate unnecessary and duplicative paperwork in the public schools by specifying that the State Board of Education not require local school systems to provide information that is already available elsewhere.

The House on Tuesday gave second- and third-reading approval to S. 132 Health Insurance/Colorectal Cancer Screening {Carpenter}, and the Senate-passed bill was enrolled. The legislation requires every health benefit plan to provide coverage for colorectal cancer examinations and lab tests for cancer for any individuals who is at least 50 years old or a younger person who is in a high-risk group. The same deductibles, co-insurance and other limitations will apply as in other similar services covered under the plan.

The Senate on Monday gave second- and third-reading approval to H. 342 Employment Security Commission Records/Evidence {Redwine} and the measure was enrolled. The bill adds the ESC to a list of state agencies which are allowed to photocopy all records and filings and to then use the copies as acceptable submissions in any legal proceeding.

The House Finance Committee on Tuesday debated and favorably reported H. 969 Air Quality/Motor Vehicle Inspection Fees {Hackney}, a bill that sets fees and implements provisions of clean-air legislation passed by the legislature two years ago. That 1999 legislation expands vehicle emissions testing from nine counties to 48 and to require that only low-sulfur gasoline can be sold in the state. Under the schedule approved by the committee, safety inspections, which do not include emissions tests, would increase from $9.25 to $14.45 in October, and to $16 in 2003. In the nine counties where emissions testing is now required, inspection fees would rise in three stages, from $19.40 to $34 by 2003. In July 2003, the state will begin expanding emissions testing to other counties, with 39 additional counties phased in by 2006. Rep. Connie Wilson (R-Mecklenburg) offered an amendment to lower the emissions-inspection fee to $26.30 but it failed. After the committee's action, the bill was re-referred to the Appropriations Committee

The Senate Finance Committee on Wednesday favorably reported S. 144 Streamlined Sales and Use Tax Agreement {Kerr}, a measure that would allow North Carolina to join other states in an effort to collect taxes on purchases make over the Internet and through catalogs. The measure would allow the secretary of the Department of Revenue to enter into an agreement with other states for a uniform system of collecting use taxes. Estimates are that state and local governments lose $450 million a year in lost taxes from Internet and catalog sales. The committee was told that Utah, Wyoming, North Dakota, Arkansas and Indiana already have enacted similar legislation.

The House Transportation Committee on Wednesday favorably reported S. 731 Transportation Planning {Clodfelter}, a Senate-passed bill that requires metropolitan planning organizations to develop regional transportation strategies.

The House Insurance Committee on Wednesday favorably reported S. 241 Health Insurance Termination Notice {Dalton}, a Senate-passed bill that strengthens the law making it a felony for an insurance company to terminate a group health or life insurance policy for nonpayment of premiums without giving notice to members of the group.

The Senate Education/Higher Education Committee on Wednesday favorably reported H. 620 Records of School Suspension May Be Retained {Warner}, H. 1161 Appointments to State Board of Education {Yongue}, H. 421 Financial Assistance for Community College Students {Saunders} and H. 1149 School Policies/Harassment of Employees {Insko}.

The Senate Health Care Committee on Wednesday favorably reported H. 1232 Prescription Drug Assistance for Seniors {Redwine}, a House-passed resolution that urges the Health and Wellness Trust Fund to provide grants to expand access to prescription drugs for senior citizens; and H. 1160 Health Insurance/Uniform Provider Credentialing {Alexander}, a House-passed measure that directs the state Commissioner of Insurance to adopt by rule a uniform provider credentialing application form that will include all the information necessary to adequately assess and verify the qualifications of the applicant.

The Senate judiciary II Committee on Tuesday favorably reported S. 890 Money Transmitters Act {Hagan}, a measure that requires state licensing and establishes licensing criteria for all persons engaged in such businesses.

The Senate Finance Committee on Wednesday favorably reported S. 395 Plumbing and Heating Contractors {Miller}, a measure that allows the State Board of Examiners of Plumbing, Heating and Fire Sprinkler Contractors to acquire property and which raises the annual privilege license for those professions from $75 to $150. The committee also favorably reported S. 628 Out-of-State CPAs {Clodfelter}, a measure that requires out-of-state CPAs to notify the State Board of Certified Public Accountant Examiners when they perform work in this state.

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