Bill Summary for H 92 (2013-2014)

Summary date: 

Jul 25 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 92 (Public) Filed Tuesday, February 12, 2013
A BILL TO BE ENTITLED AN ACT TO MAKE TECHNICAL CORRECTIONS TO THE GENERAL STATUTES AND SESSION LAWS, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION, AND TO MAKE ADDITIONAL TECHNICAL AND OTHER CHANGES TO THE GENERAL STATUTES AND SESSION LAWS.
Intro. by Blust.

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Bill summary

Senate amendment #1 makes the following changes to the 5th edition.

Amends GS 90-113.75(c), as amended by SL 2013-152, to clarify that the immunityprovision in thissectionapplies to a person or an entity (was, an entity).

Clarifies that this act amends GS 122C-115(a), as amended by Section 4(a) of SL 2013-85, effective January 1, 2014.

Deletes changes to GS 66-420(8), regarding a secondary metals recycler. Instead, amends Part 3 of Article 45 of GS Chapter 66 by adding a new GS 66-420.1, which declares that GS Chapter 66 does not apply to a salvage yard regulated under GS Chapter 20 unless the salvage yard is (1) engaged in the business of gathering or obtaining ferrous or nonferrous metals that have served their original economic purpose and (2) in the business of performing the manufacturing processthat converts ferrous or nonferrous metals into raw material products consisting of prepared grades and having an existing or potential economic value.

Clarifies that the provisions of new GS 93D-1.1 apply to the scope of practice of a hearing aid specialist who is regulated under GS Chapter 66 (was, provisions applied to the scope of practice of a hearing aid specialist). Provides that the scope of practice for a hearing aid specialist regulated under this chapter includes performing hearing evaluations (was, performing comprehensive hearing evaluations, including administering otoscopy and performing tympanometry). Additionally provides that the scope of practice includes (1) providing counseling and rehabilitation services related to hearing aids and (2) providing community services for individuals. Deletes providing assistive technologies for public and private school classrooms, individuals, and vocational needs from the scope of practice for a hearing aid specialist regulated under GS Chapter 93D.

Amends GS 93D-2 to provide an exception to the provision making it unlawful for any person to engage in any activity within the scope of practice of a hearing aid specialist with regards to an apprentice working under the supervision of a registered sponsor or who is otherwise authorized by law to engage in activity within the scope of practice of another regulated profession.

Exempts the Industrial Commission from the certification requirements of GS 150B-19.1(h) and the fiscal note requirement of GS 159B-21.4 in developing the fee schedules required under Section 33.(a) of this act.

Deletes Section 41 of this act, which amends GS 160A-424(c) regarding prohibitions that restrict a city from implementing certain regulations regarding rental property.

Effective August 1, 2013, Charles Johnson is appointed to the Board of Trustees for the State Health Plan for Teachers and State Employees.

Contingent on House Bill 669 becoming law, amendment makes technical changes to appointments for the NC Wildlife Resources Commission and the Disciplinary Hearing Commission. Appoints Alan Hawkes and Paul Norcross to the NC Charter School Advisory Board.Appoints Roger B. Moore Jr. to the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services (was, Tara Fields).

Repeals Section 2.47 of House Bill 669 if it becomes law.

Changes the expiration date for terms ofsomemembers serving on the State Personnel Commission on July 1, 2013 (was, January 1, 2013), making those terms expire on July 31, 2013 (was, June 30, 2013).

If House Bill 834 becomes law, Section 4.6 of the bill will become effective when it becomes law (was, June 30, 2013).

Repeals GS 90-294(c), concerning licensure for Speech and Language Pathologists and Audiologists.

Enacts new subsection GS 90-294(c1), which provides applicability exceptions to the provisions of the article.

Amends GS 90-295, concerning requirements to be eligible for a license to be a speech and language pathologist or an audiologist, adding a requirement that an applicant must exercise good moral conduct.

Amends GS 90-296(a)to require an applicant for licensure (was, permanent licensure) as a speech and language pathologist or an audiologist to pass a written exam approved or established by the Board. Amends GS 90-298(b) to provide that a temporary license is required when an applicant for licensure as a speech and language pathologist or an audiologist has not completed the required supervised experience and passed the required exam (was, required a person holding a temporary license during a supervised experience to take and pass the required exam before the end of the temporary license period).

Amends GS 90-301 regarding grounds for suspension or revocation of a license as a speech and language pathologist, to clarify that the grounds apply to fraud or deceit in connection with services rendered as an audiologist or speech and language pathologist and to add immoral conduct or failure to exercise good moral conduct as grounds for disciplinary action.

AmendsGS 90-302(2) to clarify that the provision applies to the practice of audiology or speech or language pathology.

Amendment #2 adds that if House Bill 74 (Regulatory Reform Act of 2013) becomes law, then it is amended to provide that Section 59.1 becomes effective when it becomes law and (1) GS 130A-295.6(a) (concerning applications for landfills) applies to applications for new permits submitted on or after that date and (2) GS 130A-295.6(h2) applies to new landfills for which a permit is issued on or after that date.

Amendment #3 deletes Section 37 of the act, amending GS 153A-76 (Board of commissioners to organize county government).

Amendment #4 amends Section 2(e) of SL 2013-318 (Pitt County Board of Education) to amend the effective date of the section to specify districts from which the three members are to be elected in 2014 to serve a two-year term. Provides that only the qualified voters of each combination of districts shall elect the one member from that combined district.

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