The Daily Bulletin: 2019-02-05

The Daily Bulletin: 2019-02-05

PUBLIC/HOUSE BILLS
H 16 (2019-2020) 2019 HOUSE PERMANENT RULES. Filed Jan 30 2019, A HOUSE RESOLUTION ADOPTING THE PERMANENT RULES OF THE HOUSE OF REPRESENTATIVES FOR THE 2019 REGULAR SESSION.

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

Modifies the proposed changes to Rule 36 regarding committee reports and subsequent calendaring. Removes permanent subcommittees from those that can make the following bill reports: reports without prejudice; reports with an indefinite postponement recommendation, unfavorable reports with no accompanying minority report, and unfavorable reports with an accompanying minority report. 

Intro. by Lewis.HOUSE RES
H 22 (2019-2020) WOMAN'S RIGHT TO KNOW ADDITION/ASHLEY'S LAW. Filed Feb 5 2019, AN ACT DIRECTING THAT CERTAIN INFORMATION BE PROVIDED TO WOMEN CONSIDERING A MEDICAL ABORTION IN ORDER TO SATISFY INFORMED CONSENT REQUIREMENTS; AND REQUIRING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO MAKE THAT INFORMATION AVAILABLE ON ITS INTERNET WEB SITE.

Includes whereas clauses.

Amends GS 90-81.82, concerning informed consent to abortion under the Woman's Right to Know Act, to require the following additional information be provided to a woman before a medical abortion. Requires that, immediately prior to administering the drug Mifepristone, the physician or qualified health professional must inform the woman that both (1) it is possible to discontinue a drug-induced abortion by not taking the Mifepristone and taking progesterone to reverse the effects of the Mifespristone and (2) information on how, where, and from whom women can obtain assistance in discontinuing a medical abortion is available on the Department of Health and Human Services' website. Further, immediately prior to administering the drug Misoprostol, requires the physician or qualified professional to provide medical proof to the woman that fetal death has occurred. Amends GS 90-21.84 to require DHHS to include the above information relating to the drug Mifepristone, as required in new GS 90-21.82(2a)a, on its website. Effective October 1, 2019.

Directs DHHS to update its website to provide information on how, where, and from whom women can obtain assistance in discontinuing the drug-induced abortion process on or before July 1, 2019.

Intro. by Pittman.GS 90
H 24 (2019-2020) ENSURE STUDENT SAFETY AT SCHOOL VOTING SITES. Filed Feb 5 2019, AN ACT TO ENSURE STUDENT SAFETY WHEN SCHOOLS ARE USED AS VOTING SITES.

Adds to the powers granted to local boards of education in GS 115C-47, authorizing local boards of education to consent to the use of a school as a voting place upon request by the local board of elections. Requires the local board of education to develop a safety plan for the local board of elections to follow to ensure student safety while a school building is being used as a voting place. 

Amends GS 163A-1046, which currently entitles county boards of elections to demand and use any school titled to a local board of education for the purpose of conducting voter registration or use as a voting place. Now permits boards of elections to request a local board of education for the use of a school, specifically prohibiting the use of the property without the local board of education's consent and compliance with the required safety plan under new GS 115C-47(64). Makes conforming changes to GS 163A-1303 concerning one-stop voting site approval.

Effective July 1, 2019, and applies to all elections conducted on or after that date.

Intro. by Lambeth, Zachary.GS 115C, GS 163A
H 28 (2019-2020) PROHIBIT ABORTIONS AFTER 13 WEEKS. Filed Feb 5 2019, AN ACT TO PROHIBIT AN ABORTION FROM BEING PERFORMED AFTER 13 WEEKS OF PREGNANCY UNLESS THERE IS A MEDICAL EMERGENCY.

Amends GS 14-45.1 regarding unlawful abortions. Makes it lawful to advise, procure, or cause a miscarriage or abortion during the first 13 weeks of a woman's pregnancy (currently, during the first 20 weeks), or after the thirteenth week (currently, after the twentieth week) if there is a medical emergency, when the procedure is performed by a qualified, licensed physician in a certified hospital or clinic, as specified. Makes conforming changes. Effective December 1, 2019.

Intro. by Kidwell.GS 14
H 29 (2019-2020) STANDING UP FOR RAPE VICTIMS ACT OF 2019. Filed Feb 5 2019, AN ACT TO REQUIRE TESTING OF ALL SEXUAL ASSAULT EXAMINATION KITS.

Titles the act The Standing Up for Rape Victims (Survivor) Act of 2019.

Enacts GS 15A-266.5A, Statewide sexual assault examination kit testing protocol. Sets out the legislative intent and defined terms. Provides notification and submission requirements for collecting agencies that collect sexual assault examination kits completed on or after July 1, 2019, requiring them to preserve the kit pursuant to GS 15A-268(a2) and notify the appropriate law enforcement agency. Requires the law enforcement agency notified to take custody of the kit within seven days of receiving notification, submit reported kits to the State Crime Laboratory or other approved lab within 45 days of taking custody, and submit unreported kits to the Department of Public Safety (DPS) within 45 days of taking custody. Directs law enforcement agencies that possess kits completed on or before January 1, 2018, to establish a review team no later than three months after the act becomes law, to determine submission priority of those kits to the State Crime Laboratory, as described. Prohibits three categories of untested kits from being submitted for testing, including (1) unreported kits, which must be sent to DPS for storage; (2) kits confirmed unfounded by the law enforcement agency and the review team unless or until information or evidence creates investigative or evidentiary value for testing, in which case the kit must be sent to the State Crime Laboratory or another approved lab for testing after submitting a request; and (3) those which resulted in criminal conviction where the convicted person does not seek DNA testing and the convicted person's DNA profile is already in CODIS. Requires all other kits not subject to the above described requirements to be submitted to the State Crime Laboratory or another approved laboratory as soon as practicable. Sets forth parameters for the State Crime Laboratory or another approved laboratory's testing of kits completed on or before January 1, 2018, and the State CODIS Administrator's entering of eligible DNA profiles developed from those kits into the CODIS database.

Specifies that lack of compliance with the statute does not: (1) constitute grounds upon which a person may challenge the validity of DNA evidence in any criminal or civil proceeding; (2) justify the exclusion of evidence generated from a sexual assault examination kit; or (3) provide a person who is accused or convicted of committing a crime against a victim a basis to request that the person's case be dismissed or conviction set aside, or providing a cause of action or civil claim.

Requires the Department of Justice and other named entities to work together to develop and provide response and training programs to law enforcement and their sexual assault examination kit review teams on sexual assault investigations, including specified issues related to victim interactions and the handling of kits.

Amends GS 15A-266.8 by requiring a law enforcement agency that receives an actionable CODIS hit on a submitted DNA sample to provide electronic notice of the specified arrest or conviction information to the State Crime Laboratory within 15 days of the trigging event. Applies to CODIS hits received on or after the date that the act becomes law.

Appropriates $3 million in nonrecurring funds from the General Fund to the Department of Justice for each fiscal year of the 2019-21 fiscal biennium for testing of untested sexual assault examination kits in accordance with new GS 114-66. Appropriates $800,000 in recurring funds for 2019-20 from the General Fund to the Department of Justice for the creation of six full-time equivalent forensic scientist positions. Effective July 1, 2019.

Exempts the act from GS 143C-5-2 (which requires, with exceptions, that each house first pass its version of the Current Operations Appropriations Act on third reading and order it sent to the other chamber before placing any other appropriations bill on the calendar for second reading).

Intro. by Boles, Belk, C. Smith, Richardson.APPROP, GS 15A
H 30 (2019-2020) OFFICIAL STATE FROZEN TREAT. Filed Feb 5 2019, AN ACT TO ADOPT ICE CREAM AS THE OFFICIAL STATE FROZEN TREAT.

Enacts new GS 145-52, as title indicates. Includes whereas clauses.

Intro. by Torbett.GS 145

The Daily Bulletin: 2019-02-05

The Daily Bulletin: 2019-02-05

LOCAL/HOUSE BILLS
H 21 (2019-2020) REVISE MCDOWELL COUNTY BD OF EDUC. DISTRICTS. Filed Feb 5 2019, AN ACT TO REVISE THE RESIDENCY DISTRICTS OF THE MCDOWELL COUNTY BOARD OF EDUCATION.

Amends SL 1987-322 regarding elections of the McDowell County Board of Elections and Board of Education. Makes the existing provisions in Section 3 that are currently applicable to the Board of Elections instead applicable to the Board of Education, with members serving four-year terms. Provides for the election of Board of Education members from elementary attendance zones beginning in 2020 and 2022, as specified, notwithstanding the merger plan for the Marion City Board of Education and McDowell County Board of Education. Sets out residency requirements and related administrative provisions.

Intro. by Dobson.McDowell
H 23 (2019-2020) SCHOOL CALENDAR FLEXIBILITY/CERTAIN SYSTEMS. Filed Feb 5 2019, AN ACT TO PROVIDE ADDITIONAL FLEXIBILITY TO CERTAIN LOCAL BOARDS OF EDUCATION IN ADOPTING THE SCHOOL CALENDAR.

Under current law, GS 115C-84.2(d) sets the parameters within which local boards of education must determine the opening and closing dates of public schools under subdivision (a)(1) of this statute. Amends GS 115C-84.2(d) to provide the local boards of education for the Cherokee County Schools, Clay County Schools, Graham County Schools, and Macon County Schools with additional flexibility in adopting their school calendars. Applies beginning with the 2019-20 school year.

Intro. by Corbin.Cherokee, Clay, Graham, Macon
H 25 (2019-2020) SCHOOL CALENDAR FLEXIBILITY/MOORE COUNTY. Filed Feb 5 2019, AN ACT TO PROVIDE ADDITIONAL FLEXIBILITY TO MOORE COUNTY SCHOOLS IN ADOPTING THE SCHOOL CALENDAR.

Under current law, GS 115C-84.2(d) provides authority to local boards of education to determine the opening and closing dates for public schools under GS 115C-84.2(a)(1). However, the local boards must comply with specified parameters for the opening and closing dates of public schools as provided in GS 115C-84.2(d). Subsection (d) also provides criteria under which the State Board of Education may waive those requirements upon a showing of good cause by a local board of education. 

Amends GS 115C-84.2(d) as the title indicates. Allows Moore County Schools to open as early as August 10 (currently, no earlier than the Monday closest to August 26), excluding year round schools. Deletes all provisions of subsection (d) concerning waiver of the opening and closing date requirements upon a showing of good cause. 

Amends GS 115C­-174.12(a)(4) to allow Moore County Schools to administer assessments prior to the conclusion of a semester when the fall semester ends before December 31.

Applies beginning with the 2019-20 school year.

 

Intro. by McNeill, Boles.Moore
H 26 (2019-2020) SCHOOL CALENDAR FLEXIBILITY/JOHNSTON COUNTY. Filed Feb 5 2019, AN ACT TO PROVIDE ADDITIONAL FLEXIBILITY TO JOHNSTON COUNTY SCHOOLS IN ADOPTING THE SCHOOL CALENDAR.

Under current law, GS 115C-84.2(d) sets the parameters within which local boards of education must determine the opening and closing dates of public schools under subdivision (a)(1) of this statute. Amends GS 115C-84.2(d) to provide the local boards of education for the Johnston County Schools with additional flexibility in adopting their school calendars. Applies beginning with the 2019-20 school year.

Intro. by Strickland, White, Bell.Johnston
H 27 (2019-2020) SCHOOL CALENDAR FLEXIBILITY/CERTAIN SYSTEMS. Filed Feb 5 2019, AN ACT TO PROVIDE ADDITIONAL FLEXIBILITY TO DUPLIN COUNTY SCHOOLS AND ONSLOW COUNTY SCHOOLS IN ADOPTING THE SCHOOL CALENDAR.

Under current law, GS 115C-84.2(d) sets the parameters within which local boards of education must determine the opening and closing dates of public schools under subdivision (a)(1) of this statute. Amends GS 115C-84.2(d) to provide the local boards of education for the Duplin County Schools and Onslow County Schools with additional flexibility in adopting their school calendars. Applies beginning with the 2019-20 school year.

Intro. by Dixon.Duplin, Onslow

The Daily Bulletin: 2019-02-05

ACTIONS ON BILLS
NOTES 1. Digests appearing under “Summaries of Bills Filed” are for bills stamped with today’s filing date.
  2. Amendments and committee substitutes adopted today are summarized following the chamber action.
  3. Subscribers can find the digest of every version of each bill online at lrs.sog.unc.edu.
  4. The dates on which previous amendments or committee substitutes were adopted are listed below bill numbers.
  5. The action "Cal Pursuant Rule 36b" indicates that the bill has been reported by committee and is awaiting calendaring.
  6. Enacted bills are indicated by #, failed bills by *. Actions that change a bill are indicated by HA or SA.

Actions on Bills: 2019-02-05

PUBLIC BILLS

H 16: 2019 HOUSE PERMANENT RULES.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 02/06/2019

H 18: ALLOW ABSENTEE BALLOTS/FIRE DISTRICT ELECTION.

    House: Passed 1st Reading
    House: Ref to the Com on Elections and Ethics Law, if favorable, Rules, Calendar, and Operations of the House

H 19: CERTAIN DRE EQUIPMENT. (NEW)

    House: Passed 1st Reading
    House: Ref to the Com on Education - Community Colleges, if favorable, Appropriations, Capital, if favorable, Rules, Calendar, and Operations of the House
    House: Passed 1st Reading
    House: Ref to the Com on Education - Community Colleges, if favorable, Appropriations, Capital, if favorable, Rules, Calendar, and Operations of the House

H 20: REMOVE SILENT SAM/UNC-CHAPEL HILL.

    House: Passed 1st Reading
    House: Ref to the Com on State and Local Government, if favorable, Education - Universities, if favorable, Rules, Calendar, and Operations of the House

H 22: WOMAN'S RIGHT TO KNOW ADDITION/ASHLEY'S LAW.

    House: Filed

H 24: ENSURE STUDENT SAFETY AT SCHOOL VOTING SITES.

    House: Filed

H 28: PROHIBIT ABORTIONS AFTER 13 WEEKS.

    House: Filed

H 29: STANDING UP FOR RAPE VICTIMS ACT OF 2019.

    House: Filed

H 30: OFFICIAL STATE FROZEN TREAT.

    House: Filed

S 7: BIPARTISAN ETHICS APPOINTMENTS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 02/06/2019

Actions on Bills: 2019-02-05

LOCAL BILLS

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