Bill Summary for S 594 (2013-2014)

Summary date: 

Apr 2 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 594 (Public) Filed Tuesday, April 2, 2013
AN ACT TO REMOVE PROHIBITIONS ON CARRYING CONCEALED FIREARMS BY ADMINISTRATIVE LAW JUDGES, NORTH CAROLINA APPELLATE JUSTICES AND JUDGES, AND CERTAIN DEPARTMENT OF PUBLIC SAFETY EMPLOYEES; TO INCREASE THE PENALTY FOR CARRYING A CONCEALED FIREARM; TO INCREASE THE PENALTY FOR GIVING OR SELLING A CELL PHONE TO AN INMATE AND TO MAKE POSSESSION OF A CELL PHONE BY AN INMATE UNLAWFUL; TO AMEND THE OFFENSE OF MAKING THREATS AGAINST OR ASSAULTING LEGISLATIVE, EXECUTIVE, OR COURT OFFICERS; TO CREATE AN OFFENSE WHEN AN INMATE SOLICITS ANOTHER TO COMMIT A CRIMINAL OFFENSE; TO INCREASE PENALTIES FOR CERTAIN VIOLATIONS OF THE AMUSEMENT DEVICE SAFETY ACT; TO PROPERLY IMPLEMENT CURRENT EXPUNCTION PROVISIONS; TO ADD QUALIFIED RETIRED CORRECTIONAL OFFICERS TO OFFICERS EXEMPT FROM CONCEALED CARRY COURSE; TO CONFORM STATE LAW WITH THE UNITED STATES SUPREME COURT DECISION IN HALL V. FLORIDA; TO ADD THE UNFAIR USE OF CRIMINAL RECORD INFORMATION TO THE CONSUMER PROTECTION LAWS; TO DIRECT MERGERS AT THE DEPARTMENT OF PUBLIC SAFETY; AND TO AUTHORIZE REMOTE VIDEO TESTIMONY BY FORENSIC AND CHEMICAL ANALYSTS, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION'S COMMITTEE ON JUDICIAL EFFICIENCY AND EFFECTIVE ADMINISTRATION OF JUSTICE.
Intro. by J. Davis.

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Bill summary

Current law requires that an applicant or recipient of Work First Program (WFP)benefits, (1) who has been identified as addicted to alcohol or drugs by a Qualified Professional in Substance Abuse or by a doctor certified by the Society of Addiction Medicine, and (2) who is found to be in need of professional substance abuse services, is required as a condition of receiving WFP benefits to satisfactorily participate in an appropriate treatment program.

Amends GS 108A-29.1 to delete the current requirements for identification and treatment and to instead require drug screening for each applicant or recipient of WFP assistance. Makes the person who is tested responsible for the cost of the drug screening. Directs the Department of Health and Human Services (DHHS) to provide notice of drug screening to each applicant or recipient and to advise theapplicant or recipient that the drug testing is a condition of receiving WFP assistance. Also specifies that the applicant or recipient be advised that the drug screening may be avoided if the applicant or recipient does not apply for WFP assistance. Provides that dependent children under the age of 18 are exempt from the requirements of this section. Lists additional requirements which DHHS is to enforce under this section.

Provides that if an individual tests negative for controlled substances that DHHS is to increase the amount of the initial WFP assistance in an amount equal to the cost the applicant or recipient paid for the drug testing. Designates a person who tested positive for controlled substances as ineligible for WFP assistance for one year from the date of the positive drug test, except permits the ineligible person to reapply for WFP if the person can document the successful completion of a substanceabuse treatment program offered byarea mental health authoritiesand licensed by DHHS. Requires that the person reapplying pass a drug test. Provides that the cost of any drug testing and substance abuse program is the responsibility of the person being tested or receiving treatment. Provides additional guidelines regarding ineligibility for persons who test positive for controlled substances more than once.

Directs the Social Services Commission to adopt rules for the testing of applicants and recipients under this section.

Deletes provision that permitted the requirements of this section under current law to the waived or modified as necessary in the case of individual applicants or recipients to the degree necessary to comply with Medicaid eligibility provisions.

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