Bill Summary for S 230 (2019-2020)

Summary date: 

Aug 5 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 230 (Public) Filed Tuesday, March 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.
Intro. by D. Davis, Brown, Ballard.

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Bill summary

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.

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