TECHNICAL AND OTHER CHANGES. (NEW)

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View NCGA Bill Details2019-2020 Session
Senate Bill 706 (Public) Filed Thursday, April 30, 2020
AN ACT TO MAKE TECHNICAL, CLARIFYING, AND OTHER CHANGES TO STATUTES AND SESSION LAWS.
Intro. by Brown.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Jul 8 2020)

SOG comments (2):

Long title change

Senate committee substitute to the 1st edition changed the long title.  Original title was AN ACT TO AUTHORIZE STUDENT ATTENDANCE IN A LOCAL SCHOOL ADMINISTRATIVE UNIT FOR CHILDREN OF ACTIVE DUTY MILITARY DUE TO THE MILITARY ORDERS OF THE PARENT, TO REQUIRE IDENTIFICATION OF MILITARY-CONNECTED STUDENTS IN NONPUBLIC SCHOOLS, AND TO CLARIFY CONTINUOUS ENROLLMENT FOR HIGH SCHOOL STUDENTS WHO ARE DEPENDENTS OF MILITARY PERSONNEL ONCE THOSE STUDENTS ARE ADMITTED TO A STATE INSTITUTION OF HIGHER EDUCATION, AS RECOMMENDED BY THE NORTH CAROLINA MILITARY AFFAIRS COMMISSION.

Long title change

House committee substitute to the 2nd edition changed the long title. Previous long title was AN ACT TO AUTHORIZE STUDENT ATTENDANCE IN A LOCAL SCHOOL ADMINISTRATIVE UNIT FOR CHILDREN OF ACTIVE DUTY MILITARY DUE TO THE MILITARY ORDERS OF THE PARENT AND TO CLARIFY CONTINUOUS ENROLLMENT FOR HIGH SCHOOL STUDENTS WHO ARE DEPENDENTS OF MILITARY PERSONNEL ONCE THOSE STUDENTS ARE ADMITTED TO A STATE INSTITUTION OF HIGHER EDUCATION.

Bill History:

S 706

Bill Summaries:

  • Summary date: Jul 8 2020 - View Summary

    House committee substitute deletes the contents of the 2nd edition and replaces it with the following.

    Section 1

    Amends various statutes in 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 2

    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. 

    Amends GS 7B-3200(h), expanding the statute to allow any person who was alleged to be delinquent as a juvenile and attained the age of 18 (was, 16) to petition the court for expunction of the related juvenile records if the court dismissed the juvenile petition without an adjudication that the juvenile was delinquent. 

    Section 3

    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 engage 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. Specifies 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 September 1, 2020.

    Section 4

    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 5

    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 6

    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 offenses committed by human trafficking victims. Makes a conforming repeal of Section 4(c) of SL 2019-158.

    Section 7

    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 December 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 8

    Makes a technical correction to GS 143B-135.234, as amended.

    Section 9

    Enacts GS 113-291.4 to require any hunter who has harvested a black bear to submit at least one upper premolar tooth from the bear to the Wildlife Resources Commission by January 31 following the applicable hunting season. Details information that must be submitted with the tooth. Makes violation of the new requirement an infraction punishable by a fine of $35; prohibits the assessment of court costs for a violation. Authorizes the Executive Director of the Wildlife Resources Commission to revoke or deny bear management electronic stamp privileges for any individual issued an infraction notice for two consecutive years or for failure to pay outstanding infraction costs. Effective October 1, 2020.

    Section 10

    Amends Section 13A.1 of SL 2017-57 to extend the deadline by which the Wildlife Resources Commission must repair the roof and stabilize the tower at the Mattamuskeet Lodge in Hyde County from June 30, 2018, to June 30, 2021.

    Section 11

    Amends GS 18C-114 to modify the powers of the State Lottery Commission to include authorizing the State Lottery Director to enter into agreements with other jurisdictions, rather than states, to operate and promote multijurisdictional, rather than multistate, lotteries consistent with GS Chapter 18C.

    Amends GS 18C-130, regarding the State Lottery Commission's determination of games used in the lottery, to include games that have been conducted by any other government-operated lottery (rather than any other state government-operated lottery).

    Makes conforming changes to the act's titles. 


  • Summary date: Jun 17 2020 - View Summary

    Senate committee substitute to the 1st edition makes the following changes. 

    Eliminates proposed GS 115C-550.1 and GS 115C-558.1, establishing a requirement that private schools and nonpublic schools report to the State all students whose parents are serving in the active-duty or reserve military. Makes conforming deletions. 

    Makes conforming changes to the act's long title.


  • Summary date: Apr 30 2020 - View Summary

    Identical to H 1047, filed 4/29/20.

    Part I

    Amends GS 115C-366 to modify the conditions that permit a student who is an not a domiciliary of a local school administrative unit to attend a public school of that unit without payment. Currently, allows for the student to attend if he or she resides with an adult who is a domiciliary of the unit and the parent or legal guardian is on active military duty and is deployed out of the local school administrative unit in which the student resides. Replaces the provision to provide for situations in which the student resides with an adult who is a domiciliary of the administrative unit and the parent or legal guardian is on active military duty and his or her commanding officer provides a signed letter that the parent or legal guardian's military orders prevent the parent or legal guardian from physically residing with the student. Conditions assignment upon the commanding officer's letter including the required affidavits (existing requirement) of the student's parent, guardian or legal custodian, as well as an indication of the time period that the military orders will be in effect. Maintains that the term activity duty military excludes periods of active duty for training for less than 30 days. Amends the statute further to specify that no requirement of legal guardianship by the caregiver is required for a student to qualify for enrollment under these provisions.

    Enacts GS 115C-366(a10) to establish that a student who is not a domiciliary of a local school administrative unit is permitted to register for enrollment in the public schools of that unit if the student resides in that unit with a parent, legal guardian, or legal custodian on active military duty who is assigned by official military order to a military installation or reservation in the State. Clarifies that this new provision does not curtail a unit's authority to deny admission to students previously suspended under GS 115C-366(a5).

    Applies beginning with the 2020-21 school year.

    Part II

    Enacts GS 115C-550.1 and GS 115C-558.1 to require private church schools, schools of religious charter, and qualified nonpublic schools to annual report to the Division of Nonpublic Education, Department of Administration on enrolled military-connected students. Defines a military-connected student to mean a student enrolled who has a parent, stepparent, sibling, or any other person who resides in the same household serving in the active or reserve components of the specified Armed Forces. Specifies that identification as a military-connected student is not public record under state law and can only be made public as permitted under the federal Family Educational Rights and Privacy Act (FERPA) or by the Division of Nonpublic Education to any liaison in the State employed by the State, a local government, or the Armed Forces.

    Amends GS 115C-564 to require home schools to annually report a notice of intent to operate with the Division of Nonpublic Education and comply with the reporting of military-connected students consistent with new GS 115C-550.1 and GS 115C-558.1. Provides for a simplified process for a notice of intent for continued operations of home schools with no changes from the prior notice.

    Requires the Division of Nonpublic Education to establish the simplified process for home schools to annually update the notice of intent to operate by August 1, 2020.

    Applies to all nonpublic schools beginning with the 2020-21 school year.

    Part III

    Enacts GS 116-143.3(c1) to permit a dependent relative who resides with a member of the Armed Forces who is reassigned outside of the State incident to active duty military to remain eligible to be charged the in-State tuition rate at at state community college or UNC institution if two criteria are met: (1) at the time the dependent relative applies for admission, he or she is enrolled in a NC high school and meets the existing requirements for admission set out in subsection (c) of the act; and (2) the dependent relative enrolls no later than the fall academic year immediately following admission and remains continuously enrolled at the institution of higher education.

    Applies to students admitted for the fall academic semester of 2020 and thereafter.