Bill Summary for S 706 (2019-2020)

Summary date: 

Jul 8 2020

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 706 (Public) Filed Thursday, April 30, 2020
AN ACT TO MAKE TECHNICAL, CLARIFYING, AND OTHER CHANGES TO STATUTES AND SESSION LAWS.
Intro. by Brown.

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Bill summary

House committee substitute deletes the contents of the 2nd edition and replaces it with the following.

Section 1

Amends various statutes in Article 27A, Sex Offender and Public Protection Registration Programs of GS Chapter 14, to transfer the powers and responsibilities of the Department of Public Safety under the Article to the State Bureau of Investigation, including acting as custodian of the statewide sex offender registry and carrying out notice, reporting, and verification responsibilities set forth therein.

Section 2

Amends GS 15A-145.8, as enacted by SL 2019-186, concerning expunction of records when charges are remanded to district court for juvenile adjudication. Requires the court to order the expunction of DNA records when the person's case has been remanded to district court for juvenile adjudication (was, when the person's case has been dismissed) by the trial court and the person's DNA record or profile has been included in the State DNA Database and the person's DNA sample is stored in the Databank as a result of the charges that were remanded. 

Amends GS 7B-3200(h), expanding the statute to allow any person who was alleged to be delinquent as a juvenile and attained the age of 18 (was, 16) to petition the court for expunction of the related juvenile records if the court dismissed the juvenile petition without an adjudication that the juvenile was delinquent. 

Section 3

Amends GS 113-273, as amended by SL 2019-204, to establish licensing requirements as a wildlife control technician for employees of a wildlife control agent who engage in wildlife damage control or wildlife removal activities, including bat eviction, for compensation, including reimbursement for the cost of materials. Provides that the wildlife control technician certification is an annual certification issued by the Wildlife Resources Commission at no cost. Clarifies that the certification does not authorize the individual to issue depredation permits. Specifies that the certification is not required for licensed trappers taking wild animals during established trapping seasons. Authorizes the Wildlife Resources Commission to adopt rules to certify and set standards for wildlife control technicians. Adds that this certification can be obtained by an alligator control agent as an alternative to the wildlife control agent license required of that certification. Effective September 1, 2020.

Section 4

Amends GS 113-276, as amended by SL 2019-204, to modify the definition of eligible member set forth as it applies to eligibility for the discounted adult resident lifetime license, to define the term to mean an individual appearing as a volunteer on the certified roster of eligible firefighters submitted to the NC State Firefighters' Association (previously, did not specify that the individual must appear as a volunteer on the roster).

Section 5

Amends Section 1 of SL 2019-98 to clarify that it is unlawful to leave or place any equipment or vessels that can be used for the purpose of taking migratory waterfowl between two hours after sunset and 4:00 a.m. each day unless remaining on a portion of the shoreline or attached to a dock as authorized.

Section 6

Amends GS 15A-151.5 to require the Administrative Office of the Courts (AOC) to make confidential files maintained under GS 15A-151 electronically available to prosecutors if the criminal record was expunged on or after July 1, 2018, under GS 15A-145.9, which pertains to expunctions related to offenses committed by human trafficking victims. Makes a conforming repeal of Section 4(c) of SL 2019-158.

Section 7

Directs AOC to expand access to its automated electronic information management system for juvenile courts (JWise) to include legal assistants in district attorney offices by December 1, 2020. Restricts access to examining electronic records related to juvenile delinquency information, and excludes access to other information contained in JWise, such as abuse, neglect, and dependency or termination of parental rights.

Section 8

Makes a technical correction to GS 143B-135.234, as amended.

Section 9

Enacts GS 113-291.4 to require any hunter who has harvested a black bear to submit at least one upper premolar tooth from the bear to the Wildlife Resources Commission by January 31 following the applicable hunting season. Details information that must be submitted with the tooth. Makes violation of the new requirement an infraction punishable by a fine of $35; prohibits the assessment of court costs for a violation. Authorizes the Executive Director of the Wildlife Resources Commission to revoke or deny bear management electronic stamp privileges for any individual issued an infraction notice for two consecutive years or for failure to pay outstanding infraction costs. Effective October 1, 2020.

Section 10

Amends Section 13A.1 of SL 2017-57 to extend the deadline by which the Wildlife Resources Commission must repair the roof and stabilize the tower at the Mattamuskeet Lodge in Hyde County from June 30, 2018, to June 30, 2021.

Section 11

Amends GS 18C-114 to modify the powers of the State Lottery Commission to include authorizing the State Lottery Director to enter into agreements with other jurisdictions, rather than states, to operate and promote multijurisdictional, rather than multistate, lotteries consistent with GS Chapter 18C.

Amends GS 18C-130, regarding the State Lottery Commission's determination of games used in the lottery, to include games that have been conducted by any other government-operated lottery (rather than any other state government-operated lottery).

Makes conforming changes to the act's titles. 

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