The Daily Bulletin: 2019-08-05

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The Daily Bulletin: 2019-08-05

PUBLIC/HOUSE BILLS
H 228 (2019-2020) MODERNIZE LAWS PERTAINING TO NC MEDICAL BOARD.-AB Filed Feb 27 2019, AN ACT TO MODERNIZE LAWS PERTAINING TO THE NORTH CAROLINA MEDICAL BOARD AND THE PRACTICE OF MEDICINE.

AN ACT TO MODERNIZE LAWS PERTAINING TO THE NORTH CAROLINA MEDICAL BOARD AND THE PRACTICE OF MEDICINE. SL 2019-191. Enacted August 1, 2019. Effective October 1, 2019, except as otherwise provided.

Intro. by Murphy.GS 8, GS 14, GS 55B, GS 90, GS 130A, GS 143
H 724 (2019-2020) TRUTH IN CALLER ID ACT. Filed Apr 11 2019, AN ACT TO PROHIBIT THE USE OF MISLEADING TELEPHONE IDENTIFICATION METHODS FOR TELEPHONE SOLICITATIONS BY VOICE OR TEXT.

AN ACT TO PROHIBIT THE USE OF MISLEADING TELEPHONE IDENTIFICATION METHODS FOR TELEPHONE SOLICITATIONS BY VOICE OR TEXT. SL 2019-188. Enacted August 1, 2019. Effective December 1, 2019.

Intro. by Moore, Saine, Shepard, Humphrey.GS 75
H 872 (2019-2020) UNDERGROUND UTILITY SAFETY ACT/CHANGES. Filed Apr 16 2019, AN ACT TO MAKE VARIOUS CHANGES TO THE UNDERGROUND UTILITY SAFETY AND DAMAGE PREVENTION ACT, INCLUDING AUTHORIZING THE UNDERGROUND DAMAGE PREVENTION REVIEW BOARD TO APPROVE TRAINING COURSES AND TO IMPOSE A FEE ON OPERATORS TO FUND THE ACTIVITIES OF THE BOARD.

AN ACT TO MAKE VARIOUS CHANGES TO THE UNDERGROUND UTILITY SAFETY AND DAMAGE PREVENTION ACT, INCLUDING AUTHORIZING THE UNDERGROUND DAMAGE PREVENTION REVIEW BOARD TO APPROVE TRAINING COURSES AND TO IMPOSE A FEE ON OPERATORS TO FUND THE ACTIVITIES OF THE BOARD. SL 2019-189. Enacted August 1, 2019. Effective October 1, 2019.

Intro. by Arp, Riddell, Holley.GS 87

The Daily Bulletin: 2019-08-05

PUBLIC/SENATE BILLS
S 9 (2019-2020) FEMALE GENITAL MUTILATION/CLARIFY PROHIBITION. Filed Jan 31 2019, AN ACT TO CLARIFY THE PROHIBITION ON THE MUTILATION OF THE GENITALS OF A FEMALE UNDER THE AGE OF 18 YEARS.

AN ACT TO CLARIFY THE PROHIBITION ON THE MUTILATION OF THE GENITALS OF A FEMALE UNDER THE AGE OF 18 YEARS. SL 2019-183. Enacted August 1, 2019. Effective October 1, 2019.

Intro. by Krawiec, Sawyer, Ballard.GS 14
S 230 (2019-2020) NC MILITARY AND VETERAN ACT OF 2019. (NEW) Filed Mar 12 2019, AN ACT TO DIRECT THE STATE BOARD OF EDUCATION TO ADOPT RULES PROVIDING FOR EXCUSED ABSENCES FROM SCHOOL FOR CHILDREN OF MEMBERS OF THE ARMED FORCES OF THE UNITED STATES; TO PROVIDE THAT THE PROGRAM EVALUATION DIVISION SHALL STUDY WAYS IN WHICH TO IMPROVE THE ABILITY OF MILITARY-TRAINED APPLICANTS AND MILITARY SPOUSES TO BECOME LICENSED BY OCCUPATIONAL LICENSING BOARDS IN THE STATE; TO AUTHORIZE A LOCAL DIRECTOR OF SOCIAL SERVICES TO DETERMINE IF A JUVENILE WHO IS ALLEGED TO HAVE BEEN ABUSED, NEGLECTED, OR DEPENDENT HAS AN ASSOCIATION WITH THE MILITARY AND TO SHARE THAT INFORMATION WITH THE APPROPRIATE MILITARY AUTHORITIES, WHEN APPLICABLE; TO ENSURE THAT ALL ELIGIBLE CHILDREN CAN OBTAIN WARTIME VETERANS SCHOLARSHIPS; AND TO CHARGE CERTAIN VETERANS AND OTHER INDIVIDUALS THE IN-STATE TUITION RATE.

House committee substitute makes the following changes to the 2nd edition.

Organizes the act into Parts and adds the following provisions.

Part II.

Requires the Program Evaluation Division, in consultation with the Department of Military and Veterans Affairs, to study the extent to which the provisions of GS 93B-15.1 (Licensure for individuals with military training and experience; proficiency examination; licensure by endorsement for military spouses; temporary license) have improved the ability of military-trained applicants and military spouses to become licensed by occupational licensing boards in the state. Specifies six issues to be considered, including whether the criteria in the statute should be expanded to allow for the licensure of more military-trained applicants and military spouses; the feasibility and effectiveness of including a question about military status, including status as a military spouse, on applications for licensure; and providing training for at least one employee in the Department of Military and Veterans Affairs on the licensure process in the statute and considering how to disseminate information about this employee's availability to applicants. Requires a report to the specified NCGA committee and to the Department of Military and Veterans Affairs by February 1, 2020. 

Part III.

Amends GS 7B-302 to direct the director of the department of social services to include information concerning the military affiliation of the parent, guardian, custodian, or caretaker of an allegedly abused or neglected juvenile in the investigation following a report of abuse, neglect, or dependency. Directs the department of social services to further disclose otherwise confidential information to the appropriate military authority if the director finds evidence that a juvenile may have been abused or neglected and the parent, guardian, custodian, or caretaker of the allegedly abused juvenile has a military affiliation. Amends GS 7B-307 to make a conforming change.

Part IV.

Current law (GS 143B-1226) requires that a child, as defined in Part 2, Article 14, GS Chapter 143B (Veterans' Affairs Commission), who falls within a described scholarship eligibility class be considered for a wartime veterans' scholarship upon application. GS 143B-1226 describes five scholarship eligibility classes: Class 1-A, 1-B, II, III, and IV.

Amends GS 143B-1224(3), defining child as the term applies to Part 2. Modifies the term to include a person who is a child as defined in 37 USC 401 (federal definition for purposes of certain allowances for uniformed service members; was, who was legally adopted by the veteran prior to said person's reaching the age of 15 years) and who meets other existing criteria, as specified. 

Repeals Section 2(a) of SL 2018-37, which expands scholarship eligibility Classes II and III for wartime veterans' scholarships under GS 143B-1226 to include any person meeting the specified criteria set forth in GS 143B-1224(3)a. or b. and who is a child, as that term is defined in 37 USC 401.

Directs the Department of Military and Veterans Affairs to document the number of applicants who apply for scholarships provided under GS 143B-1226 and report to the specified NCGA Committee by March 30, 2020, on the total number of applications received and the total number of applications made eligible as a result of the act. 

Part V.

Amends GS 116-143.3A, which provides a waiver of the 12-month residency requirement for in-state tuition at institutions of higher learning for certain veterans and other individuals entitled to federal education benefits under specified federal law. Eliminates the separate waiver criteria for individuals entitled to federal educational benefits under specified federal law. Makes conforming changes. Now provides for any veteran, dependent of a veteran, or other individual who qualifies for admission to be charged the in-state tuition rate and applicable mandatory fees for enrollment to the extent required by the specified federal law (the Veterans Access, Choice, and Accountability Act of 2014), without satisfying the 12-month residency requirement. Modifies and adds to the qualifying criteria, now only requiring that the individual's abode be located in the state, the individual provide the institution a letter of intent to establish residence in the state, and the individual meet the definition of a "covered individual" under the federal law (previously, required to apply and enroll within three years of discharge or release, and qualify for and use, or receive, the specified federal educational benefits). Eliminates the distinct provisions for recipients using transferred Post 9/11 GI Bill benefits while the transferor is on active duty, and recipients of the Marine Gunnery Sergeant John David Fry Scholarship whose parent or spouse died in the line of duty. Adds that the individual applying for the benefit of the statute has the burden of proving entitlement to the benefit. Applies to qualifying veterans and other individuals who are enrolled or who enroll in institutions of higher education for any academic quarter, term, or semester that begins on or after the date the act becomes law.

Makes conforming changes to the act's titles.

Intro. by D. Davis, Brown, Ballard.STUDY, GS 7B, GS 115C, GS 116, GS 143B
S 295 (2019-2020) STANDARDS OF STUDENT CONDUCT. (NEW) Filed Mar 19 2019, AN ACT TO MAKE VARIOUS CHANGES TO LOCAL STANDARDS OF STUDENT CONDUCT AND TO REQUIRE THE DEPARTMENT OF PUBLIC INSTRUCTION TO DEVELOP A PLAN OF EMPLOYMENT FOR TEACHERS WITH THE NORTH CAROLINA VIRTUAL PUBLIC SCHOOL AND REPORT TO THE JOINT LEGISLATIVE EDUCATION OVERSIGHT COMMITTEE.

House committee substitute makes the following changes to the 2nd edition.

Modifies the proposed changes to GS 115C-390.2, concerning student disciplinary policies, to more specifically require local boards of education to review current federal guidance on school discipline practices issued by the US Department of Education prior to adopting student conduct and discipline policies pursuant to the statute (previously, only referred to US Department of Education guidance generally). Also specifies that the policies, administrative procedures, or school rules that each local board must publish and make available to each student and parent must include the full range of responses to violations of disciplinary rules, including responses that do not remove a student from the classroom or school building.

Adds the following provisions.

Exempts NC Virtual Public School (NCVPS) instructors from the 12-month maximum limit for temporary appointments. Sunsets the exemption on December 31, 2019. Directs the Department of Public Instruction (DPI) to develop a plan for contracting and payment of instructors to be implemented for all instructors contracted beginning with the 2020 spring semester. Requires consultation with the State Board of Education (State Board) and compliance with laws governing NCVPS. Directs DPI to report on the plan by October 15, 2019.

Makes conforming changes to the act's long title.

Intro. by Tillman.GS 115C
S 301 (2019-2020) REGIONAL SCHOOL MODIFICATIONS. (NEW) Filed Mar 19 2019, AN ACT TO CLARIFY CURRENT STATUTES ON WITHDRAWAL OF PARTICIPATING UNITS FROM REGIONAL SCHOOLS.

AN ACT TO CLARIFY CURRENT STATUTES ON WITHDRAWAL OF PARTICIPATING UNITS FROM REGIONAL SCHOOLS. SL 2019-184. Enacted August 1, 2019. Effective August 1, 2019.

Intro. by Brown.GS 115C
S 320 (2019-2020) REGIONAL WATER SYSTEMS AND STATE GRANTS. Filed Mar 20 2019, AN ACT TO FOSTER REGIONAL COOPERATION FOR WATER AND WASTEWATER INFRASTRUCTURE AMONGST SYSTEMS UTILIZING RESERVOIR WATER.

The Governor vetoed the act on 8/2/2019. The Governor's objections and veto message are available here: https://webservices.ncleg.net/ViewBillDocument/2019/6056/0/S320-BD-NBC-6022

Intro. by J. Alexander.GS 159G
S 366 (2019-2020) 9TH/10TH GRADE/COLLEGE TRANSFER PATHWAYS. (NEW) Filed Mar 26 2019, AN ACT TO EXPAND ACADEMIC TRANSITION PATHWAY OPTIONS AND TO PERMIT ENROLLMENT IN COLLEGE COURSES AS PART OF A COLLEGE TRANSFER PATHWAY FOR CERTAIN FRESHMAN AND SOPHOMORE HIGH SCHOOL STUDENTS, AND TO REQUIRE THE STATE BOARD OF EDUCATION TO INCLUDE CERTAIN INDIVIDUALS AS QUALIFIED TO CONTRACT AS ADJUNCT INSTRUCTORS WITH LOCAL BOARDS OF EDUCATION FOR CAREER AND TECHNICAL EDUCATION PROGRAMS.

AN ACT TO EXPAND ACADEMIC TRANSITION PATHWAY OPTIONS AND TO PERMIT ENROLLMENT IN COLLEGE COURSES AS PART OF A COLLEGE TRANSFER PATHWAY FOR CERTAIN FRESHMAN AND SOPHOMORE HIGH SCHOOL STUDENTS, AND TO REQUIRE THE STATE BOARD OF EDUCATION TO INCLUDE CERTAIN INDIVIDUALS AS QUALIFIED TO CONTRACT AS ADJUNCT INSTRUCTORS WITH LOCAL BOARDS OF EDUCATION FOR CAREER AND TECHNICAL EDUCATION PROGRAMS. SL 2019-185. Enacted August 1, 2019. Effective August 1, 2019, except as otherwise provided.

Intro. by McInnis, B. Jackson.GS 115C, GS 115D
S 413 (2019-2020) RAISE THE AGE MODIFICATIONS. Filed Mar 28 2019, AN ACT TO MAKE CERTAIN MODIFICATIONS TO THE GENERAL STATUTES IN ORDER TO FACILITATE IMPLEMENTATION OF THE LEGISLATION KNOWN AS RAISE THE AGE.

AN ACT TO MAKE CERTAIN MODIFICATIONS TO THE GENERAL STATUTES IN ORDER TO FACILITATE IMPLEMENTATION OF THE LEGISLATION KNOWN AS RAISE THE AGE. SL 2019-186. Enacted August 1, 2019. Effective December 1, 2019.

Intro. by D. Davis, Daniel, Sanderson.GS 7B, GS 15A, GS 20, GS 143B
S 458 (2019-2020) PTS DAY/CARDIAC TASK FORCE/TITUS'S LAW/DATA. (NEW) Filed Apr 1 2019, AN ACT DESIGNATING POSTTRAUMATIC STRESS INJURY AWARENESS DAY IN NORTH CAROLINA; ADDRESSING PARENTAL CONSENT AND THE DISPOSITION OF FETAL REMAINS; AND AUTHORIZING ENGAGEMENT WITH THIRD-PARTY TOXICOLOGY LABORATORIES TO GUIDE RESOURCES.

House committee substitute to the 3rd edition makes the following changes.

Increases the membership of the proposed Joint Legislative Task Force on Sudden Cardiac Arrest in Student Athletes from nine to ten members, adding a member of the North Carolina Chapter of the American College of Cardiology to be appointed upon the recommendation of the of the cochairs. 

Ads a section authorizing the Department of Health and Human Services, Department of Justice, local health departments, and local law enforcement agencies to engage third party toxicology labs for providing data to guide the delivery of drug treatment and law enforcement resources. Sets out required capabilities of such third party labs.

Makes conforming changes to the act's titles.

Intro. by Brown, J. Jackson, Burgin.STUDY, GS 103, GS 130A
S 498 (2019-2020) FACILITATE RESPONSE TO DISASTERS. Filed Apr 2 2019, AN ACT TO FACILITATE RAPID RESPONSE TO STATE DECLARED DISASTERS BY EXEMPTING CERTAIN BUSINESSES AND EMPLOYEES FROM REGISTRATION AND TAX LAWS DURING THE DISASTER RESPONSE PERIOD.

AN ACT TO FACILITATE RAPID RESPONSE TO STATE DECLARED DISASTERS BY EXEMPTING CERTAIN BUSINESSES AND EMPLOYEES FROM REGISTRATION AND TAX LAWS DURING THE DISASTER RESPONSE PERIOD. SL 2019-187. Enacted August 1, 2019. Effective August 1, 2019.

Intro. by B. Jackson, Blue, Newton.GS 55, GS 57D, GS 96, GS 105, GS 166A
S 537 (2019-2020) LICENSING & HHS AMENDS & RURAL HEALTH STABLE. (NEW) Filed Apr 2 2019, AN ACT TO EXAMINE AND ESTABLISH A NEW ADULT CARE HOME PAYMENT METHODOLOGY; TO AMEND THE LICENSED PROFESSIONAL COUNSELORS ACT; TO UPDATE AND REVISE THE SUBSTANCE ABUSE PROFESSIONAL PRACTICE ACT; TO AMEND THE SOCIAL WORKER CERTIFICATION AND LICENSURE ACT; TO AMEND DEPARTMENT OF HEALTH AND HUMAN SERVICES' STATUTES PERTAINING TO MEDICAID, SOCIAL SERVICES REFORM, CHILD SUPPORT, VOCATIONAL REHABILITATION, EMPLOYEE ASSISTANCE PROFESSIONALS, ADOPTIONS, CHILD ABUSE AND NEGLECT, JOINT SECURITY FORCES, SECURITY RECORDINGS, NC REACH PROGRAM, TRAUMATIC BRAIN INJURY, AND THE MEDICAL CARE COMMISSION MEMBERSHIP; TO POSTPONE DEPLOYMENT OF NC FAST CASE-MANAGEMENT FUNCTIONALITY FOR CHILD WELFARE SYSTEM/AGING AND ADULT SERVICES' PROGRAM, DEVELOP REQUESTS FOR INFORMATION, AND REQUIRE PROGRAM EVALUATION DIVISION TO STUDY THE ISSUE; TO IMPLEMENT CRIMINAL HISTORY RECORD CHECKS FOR CHILD CARE INSTITUTIONS; TO MAKE CHANGES TO INVOLUNTARY COMMITMENT; AND TO ESTABLISH THE RURAL HEALTH CARE STABILIZATION PROGRAM.

House amendment makes the following changes to the 2nd edition.

Part II-D.

Makes technical changes to the lead-in language of proposed GS 90-113.32(e1) and (f1), concerning the NC Addictions Specialist Professional Practice Board.

Part III-L.

Makes technical changes to the proposed changes to GS 122C-3, defining developmental disability

Intro. by Hise, Krawiec, Bishop.STUDY, GS 7B, GS 8, GS 48, GS 55B, GS 58, GS 90, GS 90B, GS 108A, GS 110, GS 122C, GS 143, GS 143B

The Daily Bulletin: 2019-08-05

The Daily Bulletin: 2019-08-05

LOCAL/SENATE BILLS
S 190 (2019-2020) EXPAND SPECIAL ASSESSMENTS FOR DAM REPAIR. Filed Mar 5 2019, AN ACT TO EXPAND THE AUTHORIZATION FOR A COUNTY TO IMPOSE A SPECIAL ASSESSMENT FOR DAM REPAIR.

AN ACT TO EXPAND THE AUTHORIZATION FOR A COUNTY TO IMPOSE A SPECIAL ASSESSMENT FOR DAM REPAIR. SL 2019-190. Enacted August 1, 2019. Effective August 1, 2019. 

Intro. by McInnis.GS 153A
ACTIONS ON BILLS

Actions on Bills: 2019-08-05

PUBLIC BILLS

H 305: SUMMER SCHOOL STUDY/COLLEGE ADV. CORPS. (NEW)

    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 372: UNC AP SCORES & FUNDS/NCSSM-MORGANTON CAMPUS. (NEW)

    Senate: Regular Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 645: REVISIONS TO OUTDOOR ADVERTISING LAWS.

    House: Withdrawn From Cal
    House: Placed On Cal For 08/07/2019

H 848: RV DEALER REGULATION.

    House: Passed 2nd Reading
    House: Passed 3rd Reading

S 199: CHILD SEX ABUSE/STRENGTHEN LAWS.

    Senate: Regular Message Received For Concurrence in H Com Sub

S 230: NC MILITARY AND VETERAN ACT OF 2019. (NEW)

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 08/06/2019

S 295: STANDARDS OF STUDENT CONDUCT. (NEW)

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 08/06/2019

S 320: REGIONAL WATER SYSTEMS AND STATE GRANTS.

    Senate: Re-ref Com On Rules and Operations of the Senate

S 356: DOT CASH AND ACCOUNTABILITY. (NEW)

    Senate: Regular Message Received For Concurrence in H Com Sub
    Senate: Regular Message Received For Concurrence in H Com Sub

S 458: PTS DAY/CARDIAC TASK FORCE/TITUS'S LAW/DATA. (NEW)

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 08/06/2019

S 537: LICENSING & HHS AMENDS & RURAL HEALTH STABLE. (NEW)

    House: Amend Adopted A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed
    House: Amend Adopted A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed

S 562: THE SECOND CHANCE ACT.

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)

S 584: CRIMINAL LAW REFORM.

    Senate: Regular Message Received For Concurrence in H Com Sub

S 681: AGENCY POLICY DIRECTIVES/2019-2020. (NEW)

    House: Placed On Cal For 08/06/2019
    House: Placed On Cal For 08/06/2019

S 689: CONFIRM HAROLD COUNCILMAN/TSERS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

Actions on Bills: 2019-08-05

No local actions on bills

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