Bill Summary for S 664 (2013-2014)

Summary date: 

Apr 4 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 664 (Public) Filed Tuesday, April 2, 2013
A BILL TO BE ENTITLED AN ACT TO IMPROVE SERVICES TO VICTIMS OF DOMESTIC VIOLENCE AND SEXUAL ASSAULT AND SERVICES TO DISPLACED HOMEMAKERS BY CONSOLIDATING THE NORTH CAROLINA COUNCIL FOR WOMEN AND THE DOMESTIC VIOLENCE COMMISSION INTO ONE COMMISSION.
Intro. by Cook, Rabin, Jackson.

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Bill summary

Repeals GS 50B-9 (Domestic Violence Center Fund) and GS 143B-394.10 (NC Fund for Displaced Homeowners).

Changes "North Carolina Domestic Violence Commission" to "Commission on Domestic Violence, Sexual Assault, and Displaced Homemakers" (Commission) in the following statutes: GS 7B-1402(b)(18a), GS 15A-1343(b)(12), GS 50B-3(a)(12), GS 120-266(a)(1), GS 143B-262(e), and GS 143B-704(e).

Changes "Domestic Violence Center Fund" to "Violence, Sexual Assault, and Displaced Homemakers Fund" (Fund) in the following statutes: GS 1-630(6), GS 101-2(b), and GS 161-11.2.

Amends GS 1-630(6), defining the term shelter as a facility that meets the criteria set forth in GS 143B-394.32(b) (rather than GS 50B-9) and is funded through the Fund providing shelter to victims of domestic violence, nonconsensual sexual conduct, or stalking.

Amends GS 7A-305(a2) to require the $75 cost in every action for absolute divorce filed in the district court collected by the clerk and remitted to the State Treasurer to be deposited in full in the Fund established under GS 143B-394.32.

Amends GS 7B-1402(b)(18a), changing the title of "Director" to "Chair" of the Commission.

Amends GS 42-45.1(a), replacing GS 50B-9 with GS 143B-394.32(b), setting forth requirements for a safety plan provided by a domestic violence or sexual assault program.

Amends GS 114-2.7 to change "North Carolina Council for Women/Domestic Violence Commission" to "Commission on Domestic Violence, Sexual Assault, and Displaced Homemakers."

Amends GS 120-123 by deleting subsection (31), which prohibited members of the General Assembly from serving on the NC Council for Women.

Amends GS 143B-394.4(2), replacing the definition of "Council" with the definition of "Commission." Commission means the Commission on Domestic Violence, Sexual Assault, and Displaced Homemakers.

Amends Article 9 of Chapter 143B of the General Statutes to include Part 10E, The Commission on Domestic Violence, Sexual Assault, and Displaced Homemakers.

Enacts GS 143B-394.30, setting forth provisions related to the creation of the 12-member Commission, including its membership and transaction of business. States the Commission's purpose as (1) assessing needs related to domestic violence, sexual assault and rape crisis, and displaced homemakers; (2) assuring services, policies, and programs are provided to those in need; (3) strengthening the existing programs; and (4) recommending new programs.

Enacts GS 143B-394.31, identifying the powers and duties of the Commission and requiring the Commission to report its findings and recommendations to the General Assembly no later than April 1 each year.

Enacts GS 143B-394.32, establishing the Fund and providing for proper allocation and use of the Fund.

The terms of the members currently serving on the North Carolina Council for Women and the Domestic Violence Commission shall expire on the effective date of this act.  The initial members appointed to serve on the Commission on Domestic Violence, Sexual Assault, and Displaced Homemakers in accordance with GS 143B-394.30, as enacted by Section 16 of this act, shall serve for the terms for which they were appointed and until their successors are appointed and qualified.

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