The Daily Bulletin: 2020-06-04

The Daily Bulletin: 2020-06-04

PUBLIC/HOUSE BILLS
H 594 (2019-2020) TEMP OPEN GYMS/HEALTH CLUBS/FITNESS CTRS. (NEW) Filed Apr 3 2019, AN ACT TO AUTHORIZE INDOOR OR OUTDOOR EXERCISE AND FITNESS FACILITIES, GYMS, HEALTH CLUBS, AND FITNESS CENTERS TO RESUME OPERATIONS WHILE ALSO SAFEGUARDING THE PUBLIC HEALTH TO PREVENT THE SPREAD OF THE CORONAVIRUS DISEASE 2019 (COVID-19) AND TO ALLOW CERTAIN EXISTING ESTABLISHMENTS TO OFFER AND OPERATE OUTDOOR DINING AND BEVERAGE SERVICE OPTIONS.

House committee substitute deletes the content of the 2nd edition and now provides the following.

Authorizes exercise and fitness facilities, gyms, health clubs, and described fitness centers to open and resume operations notwithstanding gubernatorial or local emergency declarations, subject to 15 specified qualifications and requirements. Among those qualifications and requirements are the following. Requires that the establishment have been in existence on March 10, 2020, or have had a valid certificate of occupancy and state business license by that date. Restricts capacity to 50% of the authorized fire capacity, with on-premises childcare restricted to 50% of its currently allowed occupancy. Requires all employees to answer a health questionnaire and have their temperature checked daily, as well as wear face masks except when actively leading a group fitness class or when outdoors and socially distanced. Sunsets the authorization 30 days after any applicable emergency declarations expire or are otherwise terminated to permit indoor and outdoor fitness and exercise facilities, gyms, health clubs, and fitness centers to open for full unrestricted operations. 

Changes the act's titles. 

Intro. by K. Hall, Howard, D. Hall, Richardson.UNCODIFIED
H 1048 (2019-2020) CPS INTAKE SCREENING/PED RECOMMENDATIONS. Filed Apr 29 2020, AN ACT TO PROHIBIT COUNTY DEPARTMENTS OF SOCIAL SERVICES FROM IMPLEMENTING CHILD PROTECTIVE SERVICES INTAKE SCREENING CRITERIA THAT IS MORE STRINGENT OR LENIENT THAN, OR IN ADDITION TO, STATE POLICY AND TO DIRECT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO MAKE VARIOUS POLICY CHANGES AS A MEANS TO IMPROVE THE CHILD PROTECTIVE SERVICES INTAKE SCREENING PROCESS, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE.

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

Amends proposed GS 7B-300.1 to additionally prohibit county departments of social services from supplementing child protective services intake screening criteria with county policy that is more lenient than State policy (previously, only prohibited county policy more stringent or in addition to State policy).

Regarding the directive for the Department of Health and Human Services to implement a rapid consultation system for counties to make child safety decisions, now requires the system to consist of a phone line that a county Director or their designee (was, county worker or supervisor) can access at any time when the county has concerns (was, when the county worker or supervisor has concerns) relating to the correct screening decision, assessment track, or applicable response time frame for a specific case.

Now requires the Division of Social Services (DSS) to require retraining for all child welfare workers every three years, including supervisors and other workers who occasionally screen child maltreatment reports (previously, authorized the Division to require training when necessary). Adds a new mandate of DSS to require all child welfare supervisors to pass a competency pass/fail test prior to providing screening decisions or On Call duties. Makes conforming changes to no longer direct DSS to increase the frequency of intake training, develop an intermediate intake screening course, and require county workers and supervisors to complete intake screening training at least every three years. Maintains the requirements for DSS to implement the assessment and training requirements by December 31, 2020, and submit a report on its use of the requirements to the specified NCGA committee by June 30, 2021.

Changes the act's long title.

Intro. by Horn.GS 7B
H 1053 (2019-2020) PED/MILITARY OL & AUDIOLOGY INTERSTATE COMPCT. (NEW) Filed Apr 30 2020, AN ACT TO EXPEDITE OCCUPATIONAL LICENSURE FOR MILITARY SPOUSES; TO PUBLICIZE LICENSURE INFORMATION; TO REPORT DATA REGARDING APPLICANTS WHO ARE MILITARY SPOUSES AND APPLICANTS THAT HAVE MILITARY TRAINING, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE; AND TO ESTABLISH THE INTERSTATE COMPACT FOR THE PRACTICE OF AUDIOLOGY AND SPEECH PATHOLOGY.

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

Places the previous content in new Part I.

Makes organizational changes to GS Chapter 93B to place existing statutes in new Article 1, Occupational Licensing Boards.

Part II adds the following new provisions.

Enacts new Article 2, Interstate Compact for Audiology and Speech Pathology, in GS Chapter 93B. States the purpose and objectives of the Interstate Compact for Audiology and Speech Pathology (Compact), and sets forth 24 defined terms. Grants audiologists and speech-language pathologists the privilege to practice in Compact states, subject to the requirements and restrictions provided in the Compact. Requires states to use procedures for considering criminal history records for initial privileges, including fingerprinting or similar biometric-based procedures to obtain criminal history records from the FBI and the respective state's criminal history database. Details further requirements of states regarding criminal background checks of applicants. Describes detailed procedures remote states must follow upon receiving applications for privileges to practice, including distinct requirements for audiologist and speech-language pathologists. Establishes that the privilege to practice is derived from the home state license, and provides for the jurisdiction of the remote member state in regards to practicing laws and licensure. Authorizes member states to charge a fee for granting a compact privilege. 

Sets forth seven qualifications audiologist and pathologists must be to exercise the compact privilege, including holding an active license in the home state, having no encumbrance on any state license, having not had any adverse action against any license or compact privilege within the preceding two years, payment of applicable fees, and notifying the Audiology and Speech-language Pathology Compact Commission of compact privilege application and non-member state adverse action. Limits audiologists and pathologists to one home state license at a time and provides for privilege validity until expiration of the home state license. Sets forth detailed parameters regarding application and practice in remote member states. Allows remote state regulatory authorities to remove a compact privilege, impose fines, and take other adverse actions. Also authorizes remote states to issue subpoenas for hearings and investigations. Restricts authority to take adverse action against a license issued by the home state to the home state. Mandates loss of privilege in any remote state if a home state license is encumbered until the home state license is no longer encumbered and two years have elapsed from the date of the adverse action, subject to initial privilege requirements. Requires member states to recognize the privilege to practice by telehealth. Provides for active duty military personnel and their spouses' home state designation. Establishes parameters for adverse actions, investigations, and required notifications.

Establishes the Audiology and Speech-Language Pathology Compact Commission (Commission) as a joint public agency created by member states. Provides for Commission membership, voting, meetings, powers and duties, executive committee, financing, recordkeeping, and member qualified immunity, defense, and indemnification. Among the 19 powers and duties charged of the Committee, includes prosecuting legal proceedings and actions, and the acquisition and disposal of property. Requires the Commission to provide for the development, maintenance and use of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in members states. Provides for reporting, access, and removal of specified information by member states. Provides for Commission rulemaking procedures and effect, as well as member state rejection of a Commission rule. Details dispute resolution procedures between member states and Compact enforcement. 

Provides for the Compact to become effective upon enactment in the 10th member state. Details initial Commission powers, effect of Commission rules on joining states, member withdrawal procedures, and Compact amendment parameters. 

Deems the provisions of the Compact severable and advises on its construction and effect on other laws. 

Changes the act's titles.

Intro. by Horn, Lucas.GS 93B
H 1072 (2019-2020) GSC TECHNICAL CORRECTIONS 2020. Filed May 14 2020, AN ACT TO MAKE TECHNICAL CORRECTIONS TO THE GENERAL STATUTES AND SESSION LAWS AND TO PROVIDE THAT THE REGISTER OF DEEDS DOES NOT NEED TO VERIFY THE CAPACITY OR AUTHORITY OF THE PERSON LISTED AS THE DRAFTER OF A DEED OR DEED OF TRUST, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.

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

Makes a technical correction to the statutory reference in the introductory language in Section 3(e) of SL 2019-176.

Intro. by Davis.GS 15A, GS 28A, GS 36C, GS 47, GS 58, GS 75A, GS 136, GS 147
H 1082 (2019-2020) ABC ADMIN. PENALTIES/ALCOHOL CONSUMABLES. (NEW) Filed May 14 2020, AN ACT DIRECTING THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO (I) CREATE A POLICY THAT ESTABLISHES A RATIONALE FOR ADMINISTRATIVE PENALTIES AND IMPROVES TRANSPARENCY FOR PERMITTEES AND (II) INCLUDE EFFECTIVENESS CRITERIA ON ITS WEB SITE TO EVALUATE THE EFFECTIVENESS OF ADMINISTRATIVE PENALTIES AT REDUCING THE NUMBER OF REPEAT OFFENDERS, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE, AND TO REGULATE ALCOHOL IN MANUFACTURED FOOD PRODUCTS SUCH AS ICE CREAM, ICE POPS, AND GELATIN.

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

Requires that for the 2020 reporting requirement, the Alcoholic Beverage Control Commission (ABC Commission) post the information required by GS 18B-104(g), regarding alleged ABC law violations, no later than 30 days after this act becomes law (was, by July 1 under the statute).

Deletes the requirement for the ABC Commission to study the feasibility of setting the amount of Commission-assessed fines for ABC law violations based on the value of alcohol sales made by the permittee or the volume of alcohol sold by the permittee. Makes conforming changes to the act's long title.

Intro. by Hurley, Lucas.GS 18B

The Daily Bulletin: 2020-06-04

PUBLIC/SENATE BILLS
S 390 (2019-2020) DUPONT STATE FOREST-FINANCIAL STUDY. Filed Mar 27 2019, AN ACT TO DIRECT THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES TO CREATE A PLAN FOR FEES AND CHARGES TO SUPPORT FINANCIAL SUSTAINABILITY AND PROPER STEWARDSHIP OF DUPONT STATE RECREATIONAL FOREST AND TO DIRECT THAT A PORTION OF PROCEEDS FROM THE SALE OF CERTAIN STATE PROPERTY BE TRANSFERRED TO THE CLEAN WATER MANAGEMENT TRUST FUND AND THE PARKS AND RECREATION TRUST FUND.

House amendment to the 3rd edition makes the following changes. Changes the due date of the Department of Agriculture and Consumer Services report on the finances and operating model of DuPont State Recreational Forest from February 1, 2021 to August 1, 2021.

Intro. by Edwards.STUDY, GS 146

The Daily Bulletin: 2020-06-04

The Daily Bulletin: 2020-06-04

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: 2020-06-04

PUBLIC BILLS

H 158: COVID-19 NEW DRIVER RESPONSE. (NEW)

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Ref To Com On Rules, Calendar, and Operations of the House
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received For Concurrence in S Com Sub
    House: Ref To Com On Rules, Calendar, and Operations of the House

H 472: NCSU/ NC A&T MATCHING FUNDS/UMSTEAD ACT. (NEW)

    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate
    Senate: Special Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 594: TEMP OPEN GYMS/HEALTH CLUBS/FITNESS CTRS. (NEW)

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

H 1048: CPS INTAKE SCREENING/PED RECOMMENDATIONS.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 1050: PED/LOW-PERFORMING SCHOOL DISTRICTS.

    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate
    Senate: Special Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 1053: PED/MILITARY OL & AUDIOLOGY INTERSTATE COMPCT. (NEW)

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 1063: FUND VIPER TOWER HARDWARE UPGRADES.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Ordered Enrolled

H 1064: GSC CLARIFYING BINGO LICENSE STATUTE.

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 1071: FUNDS TO DPI FOR ADM GROWTH. (NEW)

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

H 1072: GSC TECHNICAL CORRECTIONS 2020.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 1082: ABC ADMIN. PENALTIES/ALCOHOL CONSUMABLES. (NEW)

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 1136: FUNDS FOR NCSSM-MORGANTON CAMPUS.

    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate
    Senate: Special Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 1187: RAISE THE AGE FUNDING. (NEW)

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Ordered Enrolled

H 1189: DRIVER EDUCATION COVID-19 RESPONSE.

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

H 1208: FUNDING FOR WORKFORCE HOUSING LOAN PROGRAM.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/11/2020

H 1218: SALARY RELATED CONTRIBS./DEBT SERVICE FUNDS. (NEW)

    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate
    Senate: Special Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 1229: UI PROGRAM INTEGRITY/TEMP. ABAWD TIME WAIVERS.

    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate
    Senate: Special Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate
    Senate: Special Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 315: NORTH CAROLINA FARM ACT OF 2019-20. (NEW)

    Senate: Conf Report #2 Adopted
    Senate: Ordered Enrolled
    Senate: Conf Report #2 Adopted
    Senate: Ordered Enrolled

S 379: RETIREE AMENDMENTS.

    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Special Message Sent To Senate
    Senate: Special Message Received For Concurrence in H Com Sub

S 390: DUPONT STATE FOREST-FINANCIAL STUDY.

    House: Amend Adopted A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed
    House: Special Message Sent To Senate
    Senate: Special Message Received For Concurrence in H Com Sub

S 706: TECHNICAL AND OTHER CHANGES. (NEW)

    Senate: Withdrawn From Com
    Senate: Re-ref to Education/Higher Education. If fav, re-ref to Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Education/Higher Education. If fav, re-ref to Rules and Operations of the Senate

S 717: PED/MILITARY OCCUPATIONAL LICENSURE.

    House: Passed 1st Reading
    House: Ref to the Com on Homeland Security, Military, and Veterans Affairs, if favorable, Rules, Calendar, and Operations of the House

Actions on Bills: 2020-06-04

LOCAL BILLS

H 1157: ABOLISH CORONER IN VARIOUS COUNTIES. (NEW)

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 06/11/2020

H 1199: GRADUATING SR. NUMERIC GRADE. (NEW)

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

S 47: MORGANTON'S FIREMEN'S RELIEF FUND (NEW).

    House: Withdrawn From Com
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Enrolled

S 267: BUNCOMBE 1/4 CENT SALES TAX USE RESTRICTION.

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

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