Bill Summary for S 279 (2015-2016)

Summary date: 

Sep 29 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 279 (Public) Filed Thursday, March 12, 2015
AN ACT AMENDING THE PROFESSIONAL COUNSELORS ACT TO MODIFY EDUCATIONAL QUALIFICATIONS FOR THE PRACTICE OF COUNSELING AND TO REQUIRE LOCAL BOARDS OF EDUCATION TO ADDRESS SEX TRAFFICKING PREVENTION AND AWARENESS.
Intro. by Barefoot.

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Bill summary

Conference report makes the following changes to the 4th edition.

Amends the short and long titles.

Amends GS 90-336(b2), concerning educational requirements to be a "licensed professional counselor associate," for applicants that apply for licensure on or after July 1, 2022, providing that the required master's degree in counseling or a related field can come from an institution of higher education accredited by the Council for Accreditation of Counseling and Related Educational Programs or another regional accreditation agency recognized by the Council for Higher Education Accreditation (previously, did not provide for other regional accreditation agency). 

Amends GS 95-25.1, known as the "Wage and Hour Act,"  adding language that provides that the provisions of the Article supersede and preempt any ordinance or resolution adopted by any municipality or county that regulates compensation, wage levels, hours of labor, payment of wages, benefits, leave, or well-being of minors in the workforce. Sets out exemptions, providing that the local government preemption does not apply to (1) a local government regulating, compensating, or controlling its own employees; (2) economic development incentives awarded under the One North Carolina Fund; (3) any requirements of federal community development block grants; and (4) community development programs and activities by cities or counties. Makes conforming changes to the section's catchline. 

Amends GS 41A-2, concerning the Fair Housing Act, adding language that provides that the provisions of the Chapter supersede and preempt any ordinance or resolution adopted by any municipality or county that regulates or imposes requirements on businesses concerning housing practices. Sets out exemptions, providing that the local government preemption does not apply to (1) a local government regulating by policy or practice property owned by the local government; (2) any ordinance adopted pursuant to GS 160A-499.2, concerning fair housing ordinances as specified; (3) any requirements of federal community development block grants; and (4) specified urban redevelopment projects.  Makes conforming changes to the section's catchline. 

Enacts new GS 42-14.5 concerning local government preemption in regards to landlord and tenant law, providing that except as specified, the provisions of GS Chapter 42, Landlord and Tenant, supersede and preempt any ordinance or resolution adopted by any city or county that regulates or imposes requirements on businesses pertaining to the rights and duties of any landlord or tenant. 

Amends GS 42A-2, concerning the Vacation Rental Act, providing that, except as provided, the provisions of this Chapter supersede and preempt any ordinance or resolution adopted by any city or county that regulates or imposes requirements on businesses pertaining to the rights and duties of any landlord or tenant.

Amends GS 153A-121, concerning general ordinance-making powers of a county, making clarifying and organizational changes and adding language that provides that counties cannot adopt any ordinance for the regulation or control of the employment practices of nongovernmental businesses located in that county. However, provides that this limitation does not apply to the (1) regulation of sexually oriented businesses; (2) regulation of solicitation campaigns, flea markets, and itinerant merchants; and (3) requirements of federal community development block grants. Also provides that counties cannot adopt ordinances mandating or prohibiting the provision of goods, services, or accommodation to any member of the public by nongovernmental businesses. Specifies certain exemptions to this limitation. 

Amends GS 160A-174, concerning general ordinance making powers of a city, adding language that provides that cities cannot adopt any ordinance for the regulation or control of the employment practices of nongovernmental businesses located in that city. However, provides that this limitation does not apply to the (1) regulation of sexually oriented businesses; (2) regulation of solicitation campaigns, flea markets, and itinerant merchants; (3) requirements of federal community development block grants; and (4) the regulation of taxis. Also provides that cities cannot adopt ordinances mandating or prohibiting the provision of goods, services, or accommodation to any member of the public by nongovernmental businesses. Specifies certain exemptions to this limitation. 

All of the above (except changes to GS 90-336) is effective when this act becomes law, provided that any pending enforcement of any ordinance in violation of the above provisions must cease when the act becomes effective. 

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