Bill Summary for S 419 (2019-2020)

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Summary date: 

Oct 30 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 419 (Public) Filed Thursday, March 28, 2019
Intro. by Britt, Johnson, McInnis.

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Bill summary

House committee substitute to the 2nd edition deletes the content of the previous edition and now provides the following. 

Section 2

Amends various statutes of Article 27A, Sex Offender and Public Protection Registration Programs of GS Chapter 14, to transfer the powers and responsibilities of the Department of Public Safety under the Article to the State Bureau of Investigation, including acting as custodian of the statewide sex offender registry and carrying out notice, reporting, and verification responsibilities set forth therein.

Section 3

Amends GS 15A-145.8, as enacted by SL 2019-186, concerning expunction of records when charges are remanded to district court for juvenile adjudication. Requires the court to order the expunction of DNA records when the person's case has been remanded to district court for juvenile adjudication (was, when the person's case has been dismissed) by the trial court and the person's DNA record or profile has been included in the State DNA Database and the person's DNA sample is stored in the Databank as a result of the charges that were remanded. 

Section 4

Amends GS 15A-521 to require persons being committed to a detention facility by written order pending trial who are under the age of 18 to be committed to a Division of Adult Correction and Juvenile Justice (Division) detention facility, a detention facility approved by the Division for operation as a juvenile detention facility, or a holdover facility pursuant to specified state law concerning juvenile holdover. Makes conforming changes regarding receipt, transport, and release of prisoners to provide for procedures relating to juveniles under the statute.

Amends GS 15A-1301 to require persons under 18 sentenced to imprisonment to be committed to a Division detention facility or to a detention facility approved by the Division for operation as a juvenile detention facility. Allows the person to be temporarily confined in a holdover facility pursuant to specified state law concerning juvenile holdover until the person is transferred to a juvenile detention facility. Provides for juvenile transport. Makes conforming changes to GS 15A-1352 regarding commitment.

Amends GS 153A-218 to prohibit holding persons under 18 in a county confinement facility unless an agreement exists between the facility and the Division that permits housing minors at the facility or a portion of the facility has been approved by the Division as a juvenile detention facility, subject to specified state law regarding juvenile holdover.

The above provisions apply to offenses committed on or after July 1, 2020.

Section 5

Amends GS 18B-800, as amended by SL 2019-182, to permit rather than require ABC stores to allow the purchase of individual bottles of spirituous liquor relating to special orders. 

Directs the ABC Commission to adopt rules that direct local ABC boards to allow the purchase of individual bottles of spirituous liquor by a customer through the special order process to the extent practicable without creating undue hardship on the local board.

Section 6

Amends GS 113-273, as amended by SL 2019-204, to establish licensing requirements as a wildlife control technician for employees of a wildlife control agent who engages in wildlife damage control or wildlife removal activities, including bat eviction, for compensation, including reimbursement for the cost of materials. Provides that the wildlife control technician certification is an annual certification issued by the Wildlife Resources Commission at no cost. Clarifies that the certification does not authorize the individual to issue depredation permits. Adds that the certification is not required for licensed trappers taking wild animals during established trapping seasons. Authorizes the Wildlife Resources Commission to adopt rules to certify and set standards for wildlife control technicians. Adds that this certification can be obtained by an alligator control agent as an alternative to the wildlife control agent license required of that certification. Effective November 1, 2019.

Section 7

Amends GS 113-276, as amended by SL 2019-204, to modify the definition of eligible member set forth as it applies to eligibility for the discounted adult resident lifetime license, to define the term to mean an individual appearing as a volunteer on the certified roster of eligible firefighters submitted to the NC State Firefighters' Association (previously, did not specify that the individual must appear as a volunteer on the roster).

Section 8

Enacts new GS 115C-218.37, providing as follows. Designates the Superintendent of Public Instruction as an applicable elected representative (meaning an elected official of a governmental unit having jurisdiction over the area in which a charter school facility is located) who may approve the issuance of one or more private activity bonds to finance or refinance a charter school facility after a public hearing following reasonable public notice in accordance with specified federal law and other state and federal law and regulations. Defines charter school facility as real property, personal property, or both used or intended for use in connection with the operation of a charter school.

Section 9

Amends GS 148-32.1(b3), concerning local confinement facilities' requests to transfer misdemeanants housed pursuant to the Statewide Misdemeanant Confinement Program to a facility operated by the Division when certain conditions are met and certified in writing by the appropriate superior court clerk. Adds new procedures for misdemeanants that require medical or mental health treatment that the county decides can be best provided by the Division, one of the conditions that allow for local confinement facilities to request a transfer under subdivision (b3). Allows for these misdemeanants to be transferred for an initial period not to exceed 30 days. Places transport responsibilities on the sheriff of the county from which the prisoner is removed. Provides for receipt of the prisoner by the officer in charge of the unit in accordance with the transfer order. Requires the Division to conduct an assessment of treatment and venue needs prior to the end of the initial period, as specified, to determine whether the prisoner should remain in the Division's custody or be returned to county custody. Requires the sheriff to provide the Division the assessment and any other relevant information to the appropriate judge to extend the order beyond the initial period. Requires a renewal order to contain a date certain for review by the court. Prior to review, requires the Division to conduct a reassessment of treatment and venue needs and requires the sheriff to provide the reassessment along with any other relevant information to the court. Provides for the appropriate officer in charge to release custody pursuant to a court order finding that the prisoner should not remain in the Division's custody.

Amends GS 148-19.3 to provide for health care service charges provided to prisoners held pursuant to the Statewide Misdemeanor Confinement Program under GS 148-32.1, as amended, in the same manner as those services provided to prisoners held pursuant to safekeeping orders under GS 162-39 (which places the responsibility upon the health care provider to submit charges to the Inmate Medical Costs Management Plan).

Applies to all prisoners transferred on or after December 1, 2019.

Section 10

Amends GS 47-17.1 to eliminate language added to the statute by Section 2.1, SL 2018-80, which (1) excluded instruments other than deeds and deeds of trust from the statute's provisions and (2) required acceptance of the written representation of the presenting individual or individual related to the transaction that the individual or law firm listed on the first page is a validly licensed attorney or validly existing law firm in North Carolina or another jurisdiction in the country. Instead, amends the statute to require the first page of the deed or deed of trust to show the name of the drafter (was, the name of either the person or law firm who drafted the instrument), and adds a new provision to provide that the register of deeds is not required to verify or make inquiry concerning the capacity or authority of the person or entity shown as the drafter. 

Amends SL 2018-80 to change the effective date of Sections 2.1 and 2.2 of the act. Now provides for Section 2.1 (amending GS 47-17.1), concerning deeds and deeds of trust to become effective December 1, 2019, applicable to deeds and deeds of trust presented for registration on or after that date. Provides for Section 2.2 (amending GS 47-18.3), concerning corporate instruments, to become effective December 1, 2019, and apply to instruments entered into on or after December 1, 2019.

Section 11

Amends Section 1 of SL 2019-98 to clarify that it is unlawful to leave or place any equipment or vessels that can be used for the purpose of taking migratory waterfowl between two hours after sunset and 4:00 a.m. each day unless remaining on a portion of the shoreline or attached to a dock as authorized.

Section 12

Amends GS 15A-151.5 to require the Administrative Office of the Courts (AOC) to make confidential files maintained under GS 15A-151 electronically available to prosecutors if the criminal record was expunged on or after July 1, 2018, under GS 15A-145.9, which pertains to expunctions related to human trafficking victims. Makes a conforming repeal of Section 4(c) of SL 2019-158.

Repeals Section 15.8 of HB 966 (Appropriations Act of 2019) if that act becomes law.

Effective July 1, 2019.

Section 13

Makes a technical correction to the lead-in language in Section 3 of SL 2019-176.

Section 14

Changes the effective date of Section 20(a) of SL 2019-182 (which enacts GS 18B-1001.4, Authorization of delivery service permit) from December 1, 2019, to February 1, 2020.

Section 15

Amends Section 1 of SL 2019-205, to increase the membership of the Joint Legislative Study Committee on Small Business Retirement Options from ten to twelve members, adding one representative appointed by the Speaker of the House of Representatives and one senator appointed by the President Pro Tempore (was, one representative and one senator on the Committee appointed by the Speaker and President Pro Tempore).

Section 16

Subject to SB 553 (Regulatory Reform Act of 2019) becoming law, makes clarifying changes to the heading of Section 26 of that bill regarding authorized uses of flood hazard areas.

Section 17

Directs AOC to expand access to its automated electronic information management system for juvenile courts (JWise) to include legal assistants in district attorney offices by July 1, 2020. Restricts access to examining electronic records related to juvenile delinquency information, and excludes access to other information contained in JWise, such as abuse, neglect, and dependency or termination of parental rights.

Section 18

Directs the Department of Transportation (DOT) to defend, indemnify, and hold harmless (1) the City of Wilmington against any claims, civil actions, and proceedings related to or arising out of the City's adoption, filing, or amendment of a transportation corridor official map pursuant to Article 2E of GS Chapter 136 (the Map Act, repealed by SL 2019-35, effective June 2019); and (2) the Wilmington Urban Area Metropolitan Planning Organization and its members against any claims, civil actions, and proceedings related to or arising out of the organization's adoption, filing, or amendment of a transportation corridor official map pursuant to Article 2E of GS Chapter 136. Effective June 21, 2019.

Changes the act's titles.