Identical to S 174, filed 3/1/17.

Section 1.1

Amends GS 95-25.3(a) to delete the provision requiring wages of at least $6.15 per hour. Replaces deleted text with a provision requiring a minimum wage of (1) $8.00 per hour, effective Labor Day, September 1, 2017; (2) $9.50 per hour, effective Labor Day, September 1, 2018; (3) $11.00 per hour, effective Labor Day, September 1, 2019; (4) $13.00 per hour, effective Labor Day, January 1, 2020 (likely means September 1, 2020); and (5) $15.00 per hour, effective Labor Day, January 1, 2021 (likely means September 1, 2021). Each of the provisions states that if the minimum wage in the federal Fair Labor Standards Act is higher than the stated new minimum wage, that the rate specified in the Fair Labor Standards Act is the state minimum wage.

Section 2.1

Enacts Article 2B, entitled Equal Pay Act, to GS Chapter 95 as follows.

Enacts GS 95-25.27 to establish that no employer can pay any person in the employer's employ at wage rates less than the rates paid to employees of the opposite sex in the same establishment for the same quantity and quality of the same classification of work. Establishes that any employer who violates the statute is liable to the employee affected in the amount of the wages that the employee is deprived of by reason of the violation. Defines employer to include the state and any local political subdivision of the state and every person having control or direction of any woman or man employed at any labor, or responsible directly or indirectly for the wages of another who employs more than five employees. Defines an employee as any woman or man in receipt of or entitled to compensation for labor performed for another. 

Establishes that nothing in the statute prohibits a variation of rates of pay for male and female employees engaged in the same classification of work based upon seniority; a difference in length of service; ability; skill; difference in duties or services performed, whether regularly or occasionally; difference in the shift or time of day worked; hours of work; or restrictions or prohibitions on lifting or moving objects in excess of specified weight or other reasonable differentiation; or factor or factors other than sex, when exercised in good faith.

Bars an employer who is in violation of the statute from reducing the pay of any employee in order to bring the employer into compliance with Article 2B. Bars an employer from retaliating against any employee who seeks redress pursuant to Article 2B or who participates in the investigation of a complaint under Article 2B.

Enacts GS 95-25.28, which allows an affected employee to file a complaint with the Department of Labor (Department) and requires the Department to investigate the complaint and notify the employer and the employee of the results of the investigation. Allows an employee receiving less than the wage to which the employee is entitled under the statute to recover in a civil action the balance of those wages, together with costs and attorneys' fees, notwithstanding any agreement to work for a lesser wage. Provides that the employee is not required to exhaust administrative remedies before filing the civil action. Establishes that a civil action pursuant to the statute is to be instituted within two years after the date that the alleged violation is discovered by the affected employee.

Section 3.1

Enacts new Article 3A of GS Chapter 95, to be cited as the Healthy Families and Healthy Workplaces Act (HFHW Act). Denotes that state public policy in promoting the general welfare of the people of North Carolina requires the enactment of new Article 3A under the police power of the state.

Provides definitions for the following terms as used in the HFHW Act: (1) child, (2) domestic violence, (3) employee, (4) employ, (5) employer, (6) federal act, (7) health care provider, (8) immediate family member, (9) parent, (10) paid sick time or paid sick days, (11) sexual assault, (12) stalking, and (13) small business.

Provides that the proposed HFHW Act does not apply to (1) bona fide volunteers in an organization where an employer-employee relationship does not exist or (2) any person who is exempt from the Wage and Hour Act under GS 95-25.14(a)(2) through (8), GS 95-25.14(b), GS 95-25.14 (b1), GS 95-25.14(c), and GS 95-25.14(e). Makes an exception regarding domestic workers, providing that they are exempt only if they are employed in the place of residence of their employer.

Provides that paid sick time begins to accrue at the start of employment at a rate of one hour of paid sick time for every 30 hours worked. Provides additional guidelines regarding discretionary advancement of sick time by the employer, limits on the amount of paid sick time accrued and the accrual of paid sick time when there is a separation of employment followed by a rehiring by the same employer. Provides that with the exception of the specified exemptions to the proposed HFHW Act, any employee who works in North Carolina and who must be absent from work for the reasons delineated in proposed new GS 95-31.5(a) is entitled to paid sick time.  

Directs that paid sick time is to be provided by an employer to an employee who meets any of the following reasons listed in proposed new GS 95-31.5: (1) to care for a member of the employee's immediate family suffering from health issues or to care for the employee's own health, unless the care is covered under federal law or (2) to allow an employee to address the psychological, physical, or legal effects on himself or herself or an immediate family member of domestic violence, sexual assault, or stalking. Permits the employer to require certification of the qualifying health issue or event when a paid sick time period covers more than three consecutive work days. Provides guidelines for determining what may be deemed acceptable certification. Provides that an employer may not require certification from a health care provider that is employed by the employer. Prohibits an employer from requiring the disclosure of details relating to domestic violence, sexual assault, stalking, or an employee's medical condition as a condition of providing paid sick time to an employee. Directs an employer to treat as confidential any information that the employer acquires about the employee or the employee's immediate family regarding domestic violence, sexual assault, stalking, or health conditions. Prohibits the employer from requiring an employee to secure a replacement worker as a condition of providing sick time under the proposed HFHW Act. Directs the employee to make a good faith effort, when the use of sick time is foreseeable, to provide the employer with advance notice. States that this act provides minimum requirements regarding paid sick time and should not be construed to limit, preempt, or otherwise affect other applicability of law, regulation, or policy that extends additional or greater protections to employees, nor should this proposed act be construed to discourage employers from adopting more generous paid sick time policies. Provides that employers already offering a paid sick time policy do not have to modify that policy providing that the paid sick time policy currently in place offers an employee, at his or her discretion, the option to take paid sick time that is equivalent to the amount and for the same purposes offered under the proposed HFHW Act.

Requires employers to provide notice to employees, in Spanish and English, of their entitlement to paid sick time as well as other related information. Notice may be provided by supplying each employee with a notice in Spanish and English or by conspicuously displaying a poster in the place of employment in both languages. Prohibits employers from retaliating against employees who request or use paid sick time. Provides that an employee has a right to file a complaint with the Commissioner of Labor (Commissioner) or in the General Court of Justice if an employer (1) denies an employee paid sick time or (2) retaliates against an employee for requesting or taking paid sick time.

Authorizes the Commissioner to enforce and administer the provisions of the proposed HFHW Act. Provides criteria regarding employer's liability for a violation under the proposed HFHW Act, including provisions for the potential awarding of liquidated damages for a violation of the act. Directs that actions under the proposed HFHW Act must be brought within two years pursuant to GS 1-53. Also provides that the rights and remedies created under the HFHW Act are supplementary to all existing common law and statutory rights and remedies. Directs the Commissioner to adopt rules to implement the proposed act. Provides that the provisions of the proposed act are severable.

Makes conforming changes to GS 95-241(a).

Effective July 1, 2017, and applies only to covered employment on or after that date and does not apply to any collective bargaining agreement entered into before July 1, 2017, still in effect on that date.

Section 4.1

Amends the labor laws of North Carolina to reduce the amount of tips that may be counted as wages of tipped employees through December 1, 2017, and subsequently requires that no tips may be counted as wages.

Section 5.1

Amends GS 95-25.2 modifying the format of the definitions section and adding subsection (5a) defining employment status, subsection (8a) defining intentional, and subsection (16a) defining willful. Makes technical changes.

Amends GS 95-25.13(1) requiring only written (not oral) notification to employees at the time of hiring and upon any material change of (1) the promised wages and basis upon which wages will be calculated; (2) the method, day, and place for payment; (3) the full name, mailing address, and telephone number of the employer and the federal and state tax identification number of each employer who is not a natural person; and (4) the employment status of the employee.

Amends GS 95-25.22 requiring the court to award liquidated damages in an amount equal to twice the amount found to be due to an employee when the employer has violated provisions relating to minimum wage, overtime, or wage payment unless the employer shows the act or omission constituting a violation was in good faith and the employer had reasonable grounds for believing the act or omission was not a violation of this article.

Amends GS 95-25.22 adding subsection (a2) clarifying liability of an employer found in violation of GS 95-25.13 to be in the form of actual damages, including, but not limited to, lost wages and benefits plus interest.

Amends GS 95-25.22 adding subsection (a3) expanding the forms of damages available to employees to include statutory damages of up to $500 per employee per violation.

Amends GS 95-25.22(d) to require awarding costs, fees, and attorneys' fees in addition to a judgment awarded to a plaintiff.

Amends GS 95-25.22 adding an exception to the statute of limitations for actions arising out of a willful violation. Such actions may be brought within three years. Actions may also be brought within one year after notification to the employee of final disposition by the state of a complaint for the same violation.

Amends GS 95-25.23 expanding civil penalties to include violations of provisions relating to minimum wage, overtime, youth employment, wage payment, or notification.

Enacts GS 95-25.23D entitling an employee to enumerated liens for the purpose of wage claims and collections under this Article and outlining perfection and priority of liens. Liens recorded pursuant to subsection (f) take precedence over all other debts, decrees, liens, or mortgages against the employer. A successful action to foreclose a lien pursuant to this section entitles the employee to court costs and reasonable attorneys' fees. Provides further regulations of the liens.

Section 6.1

Adds a new Article 17, Fair Assessment of Persons with Criminal Histories, to GS Chapter 126. Defines the following terms as they apply in this Article: (1) criminal history means a state or federal history of conviction for a misdemeanor or felony relevant to an applicant's fitness for public employment but does not include a record of arrest that did not result in a conviction; (2) hiring authority means an agent responsible by law for the hiring of persons for public employment; and (3) public employment means any employment, including seasonal or temporary work, where the State or any local political subdivision of the State is the employer.

Prohibits a hiring authority from (1) asking about or considering the criminal history of an applicant for public employment or (2) including such an inquiry on any initial employment application form until the hiring authority has made a conditional offer of employment to the applicant. Declares that this Article does not apply to public employment in positions where the hiring authority is required by law to consider the applicant's criminal record. Provides that nothing in this Article is to be construed to prevent any hiring authority in its discretion from adopting the provisions of this Article.

Prohibits any person from being disqualified for public employment solely or in part because of a previous conviction except as otherwise required by law or if the conviction is determined to be substantially related to the qualifications, functions, or duties of the position after all of the following factors are considered: (1) the level and seriousness of the crime; (2) the date of the crime; (3) the age of the person at the time of conviction; (4) the circumstances surrounding the commission of the crime; (5) the connection between the criminal conduct and the duties of the position; (6) the prison, jail, probation, parole, rehabilitation, and employment records of the person since the date the crime was committed; and (7) the subsequent commission of a crime by the person. Clarifies that an arrest record that did not result in a conviction cannot be the basis for disqualification from public employment.

Requires a hiring authority to inform an individual of a potential adverse hiring decision based on the background check and provide the applicant an opportunity to provide evidence that the report is incorrect or inaccurate.

Specifies criteria governing data to be collected by the Office of State Personnel.

Declares that the provisions of this Article apply to all applicants for public employment. Makes a conforming change to GS 126-5.

Effective when the act becomes law and applies to applications for employment made on or after that date.

Section 7.1

Repeals GS 95-98 (prohibiting public employee union collective bargaining agreements).

Section 8.1

Reenacts GS 105-151.31 (earned income tax credit), which provides an individual who claims an income tax credit under section 32 of the Internal Revenue Code (IRS Code) for the taxable year with a credit against the tax imposed by the Individual Income Tax Act (Act), as it existed immediately before its specified sunset expiration. Also amends the statute by establishing that the allowable credit against the tax imposed by the Act is to be equal to 5% (was, a percentage of up to 5% based on the taxable year) of the amount of credit the individual qualified for under section 32 of the Code.  Amends the sunset provision to repeal the statute effective for taxable years beginning on or after January 1, 2021.

Effective for taxable years on or after January 1, 2017.

Section 9.1

Reenacts GS 105-151.11 (tax credit for child care), which provides an individual who claims an income tax credit under section 21 of the IRS Code for the taxable year to receive a credit against the tax imposed by the Act as it existed immediately before its specified sunset expiration. Makes a conforming change to the statute.

Effective for taxable years beginning on or after January 1, 2017.

Section 10.1

Act is effective when it becomes law, except as otherwise provided.

Identical to S 175, filed 3/2/17.

Section 1 refers to the bill as the “Strengthen Opioid Misuse Prevention Act of 2017” or the “STOP Act.” Effective July 1, 2017.

Section 2 amends GS 90-12.7. Authorizes a practitioner acting in good faith and exercising reasonable care to prescribe opioid antagonists to any governmental or nongovernmental organization, either directly or by standing order, for the purpose of distributing the opioid antagonist to persons at risk of experiencing an opioid overdose, or persons in a position to assist a person at risk of experiencing an opioid overdose. Authorizes governmental or nongovernmental organizations to distribute opioid antagonists obtained pursuant to an authorized prescription to persons at risk of experiencing an opioid overdose, or to persons in a position to assist a person at risk of experiencing an opioid overdose. Adds organizations and agents of organizations that distribute opioid antagonist as described above to the list of individuals immune from civil or criminal liability for actions authorized by this statute. Makes conforming changes. Authorizes the State Health Director's designee to prescribe an opiod antagonist by a statewide standing order. Effective July 1, 2017.

Sections 3 and 4 amend GS 90-18.1(b) and GS 90-18.2(b). Directs physicians assistants and nurse practitioners, when prescribing a controlled substance included in Schedule II through V of GS Chapter 90, Article 5 (all subsequent references to Schedule [x] Substances refer to GS Chapter 90, Article 5, schedules), and the use of the substance is expected to exceed a period of 30 days, to consult with the supervising physician prior to prescription to verify that the prescription is medically appropriate, and to consult with the supervising physician at least once every 90 days to verify that the prescription remains medically appropriate. Effective July 1, 2017.

Section 5 amends GS 90-106 to authorize the dispensation of Schedule II substances pursuant to an electronic prescription (previously only authorized written prescriptions), and prohibits dispensation after six months from the date of prescription. Directs practitioners to electronically prescribe all controlled substances included in Schedule II through V. Exempts (1) non-pharmacist practitioners who dispense directly to an ultimate user; (2) practitioners who order a controlled substance to be administered in a hospital, nursing home, hospice facility, or residential care facility; (3) practitioners experiencing temporary technological or electrical failures that prevent transmitting electronic prescriptions, provided that the reason for the exception is documented in the patient’s medical record; and (4) practitioners who write prescriptions to be dispensed by a pharmacy on federal property, provided that the reason for this exception is documented in the patient’s medical record. Dispensers are not required to verify that a practitioner falls under one of the exceptions prior to dispensation, and may continue to dispense controlled substances from valid written, oral, or facsimile prescriptions. Prohibits practitioners from prescribing more than a five-day supply of controlled substances on Schedule II through V upon initial consultation and treatment for acute pain (defined as pain that the practitioner reasonably expects to last for three months or less, not including chronic pain or pain being treated as part of cancer care, hospice care, palliative care, or medication-assisted treatment for substance use disorder), unless for immediate post-operative pain relief, which many not exceed a seven-day supply. Practitioners may issue any appropriate renewal, refill, or new prescription, upon subsequent consultation. Effective July 1, 2018.

Section 6 enacts new GS 90-106.3 (Disposal of residual pain prescriptions following death of hospice or palliative care patient). Directs hospice or palliative care providers who prescribe Schedule II through V controlled substances to patients in their home to make diligent efforts to ensure that residual portions of the substance are safely disposed of following the death of the patient. Effective July 1, 2017.

Section 7 enacts new GS 58-51-56 (Limitation on co-payments for limited, initial opioid prescriptions). Directs health benefit plans to charge a co-payment for a limited, initial prescription of a Schedule II through V controlled substance in an amount that is either proportional between the co-payment charged for a 30-day supply of the controlled substance and the amount prescribed to the beneficiary, or equal to the co-payment charged for a 30-day supply, provided that the beneficiary will not be charged any additional co-payments for subsequent prescriptions for the remainder of the 30-day supply. Effective July 1, 2018.

Section 8 amends GS 90-113.27(b)(2). Clarifies that State funds may not be used to purchase needles, hypodermic syringes, or other injection supplies in syringe exchange programs (currently prohibits use of public funds). Effective July 1, 2017.

Section 9 amends GS 90-113.72. Amends the definition of dispenser to no longer exclude persons licensed to practice veterinary medicine. Defines pharmacy as a person or entity holding a valid pharmacy permit. Makes technical changes.

Section 10 amends GS 90-113.73. Amends the Schedule II through V prescription reporting deadline for dispensers to require a report no later than 24 hours after a prescription is delivered (currently required at close of business three days after the date of delivery). Directs the Department of Health and Human Services (DHHS) to assess a civil penalty up to $250 against a pharmacy that employs a dispenser who fails to comply with the reporting requirements within a reasonable period of time after being informed by DHHS that required information is missing or incomplete for a first, and a civil penalty up to $500 for each subsequent violation, up to a maximum of $10,000 per pharmacy per calendar year. Each day of a continuing violation constitutes a separate violation. Proceeds of the penalty must be deposited to the Civil Penalty and Forfeiture Fund. Directs the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services to adopt rules to implement the penalty requirements, including factors to be considered in determining the amount of the penalty. Makes a conforming change to the statute's caption.

Section 11 amends GS 90-113.74(b1). Authorizes DHHS to notify practitioners of prescribing behavior that increases risk of diversion of controlled substances, increases risk of patient harm, or is an outlier among other practitioner behavior.

Section 12 amends GS 90-113.74(c). Authorizes DHHS to release Controlled Substances Reporting System (CSRS) data to third-party payers and their agents, for the purposes of claimant case management, detection of inappropriate prescriptions of controlled substances to a claimant, or detection of misuse or diversion of a controlled substance by a claimant.

Section 13 enacts new GS 90-113.74A through GS 90-113.75C, as described below, effective September 1, 2017.

New GS 90-113.74A (Mandatory dispenser registration for access to CSRS) directs pharmacy licensees to demonstrate to the North Carolina Board of Pharmacy that he or she is registered for access to CSRS within 30 days of obtaining an initial or renewal license. Violation of this requirement may be cause for the Board of Pharmacy to suspend or revoke the license.

New GS 90-113.74B (Practitioner use CSRS; mandatory reporting of violations) directs practitioners, prior to prescribing Schedule II through V controlled substances, to review information in CSRS regarding the patient for the 12 months preceding the initial prescription, and to consult CSRS information for the 12 months preceding each subsequent three-month period that the substance remains part of the patient’s medical care, and to document each instance of review in the patient’s medical record, as well as instances in which review is not possible due to the unavailability of CSRS due to some technological failure, and directs the practitioner to review the information when the CSRS becomes available again, and to document that review in the patient’s medical record. Authorizes, but does not direct, practitioners to review information in the CSRS before prescribing a Schedule II through V controlled substance in other circumstances. Directs DHHS to conduct periodic audits of prescribers’ compliance with this section, and to report violations to the appropriate licensing board. Violations may constitute cause for suspension or revocation of a prescriber’s license.

New GS 90-113.74C (Dispenser use of CSRS) directs dispensers to review patients’ information in the CSRS for the preceding 12-month period prior to dispensation in several circumstances, including whenever the dispenser has a reasonable belief that the ultimate user may be seeking a Schedule II through V controlled substance for any reason other than treatment of the ultimate user’s existing medical condition. Directs a dispenser to withhold delivery of prescribed Schedule II through V substances whenever the dispenser has reason to believe the prescription is fraudulent or duplicative, until the dispenser is able to contact the prescriber and determine that the prescription is medically appropriate. Protects dispensers from civil or criminal liability for actions authorized by this subsection.

New GS 90-113.75A (Creation of CSRS Fund) creates the fund as indicated in the caption as a special revenue fund. Directs DHHS to administer the fund and use it only for the operation of the reporting system and to carry out the provisions of GS Chapter 90, Article 5E. The fund consists of moneys transmitted to the fund pursuant to new GS 90-113.75B, appropriated by the General Assembly, or received for deposit into the fund. Interest that accrues to the fund shall be credited to the Fund, and remaining balances at the end of any fiscal year remain in the fund.

New GS 90-113.75B (CSRS fee) directs, beginning January 1, 2018, each licensing board that issues licenses authorizing prescription of controlled substances for medical care to impose an annual CSRS fee of $20 upon the licensee, at the same time as the initial or renewal license fee imposed on the licensee, and to retain 10% of the total fee to cover the costs of collecting and providing an accounting of all moneys received as payment of this fee. Directs the licensing boards to transmit the remaining 90% of the moneys collected by this fee to the CSRS Fund on the first day of each calendar quarter. Does not apply to individuals licensed to practice veterinary medicine.

New GS 90-113.75C (annual report to General Assembly and licensing boards) directs DHHS to report annually, on November 1, beginning on November 1, 2018, to the Joint Legislative Oversight Committee on Health and Human Services, the North Carolina Medical Board, the North Carolina Board of Nursing, the North Carolina Dental Board, the North Carolina Veterinary Medical Board, and the North Carolina Board of Pharmacy on data reported to the CSRS. The report must include eight types of information on Schedule II through V substances reported during the preceding calendar year, including the total number of prescriptions dispensed, broken down by Schedule, and the demographics about the ultimate users to whom prescriptions were dispensed.

Section 14 appropriates $10 million each for 2017-18 and 2018-19 from the General Fund to DHHS, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, to be used for increasing the availability of community-based treatment and recovery services for substance use disorders. These funds do not supplant existing funds for this purpose. Effective July 1, 2017.

Except as otherwise indicated, the bill is effective when it becomes law and applies to acts committed on or after the date the State Chief Information Officer notifies the Revisor of Statutes that (1) the upgrades to the CSRS database described in SL 2016-94, section 12F.7(a)(1 & 2) have been completed and (2) the upgraded CSRS database is fully operational within the Department of Information Technology and connected to the statewide health information exchange.

Appropriates $526,119 in recurring funds for 2017‑18 from the General Fund to the Community Colleges System Office  to operate the Transportation Technology Center at Forsyth Technical Community College as a multicampus center.

Requires the Joint Legislative Oversight Committee on Health and Human Services (Committee) to appoint a 21-member Subcommittee on Aging (Subcommittee) to examine the State's delivery of services for older people to determine their needs and to make recommendations to the Committee on how to address those needs. Appoints specified cochairs. Sets out membership appointment requirements, with eight members appointed by the House of Representatives cochair of the Subcommittee and eight members appointed by the Senate cochair of the Subcommittee. Sets out provisions governing vacancies, the exercise of specified powers, meeting space, professional staffing, and allowable expenses. Sets out eight issues that must be a part of the Subcommittee's study, including current and future service needs of older persons, including supports for older persons residing in institutional and in‑home settings, and the feasibility of developing mechanisms for allowing older persons to express the setting in which they prefer to receive services and honoring these preferences. Requires the Subcommittee to submit an interim report to the Committee, on or before May 8, 2018, and requires a final report to the Committee on or before January 15, 2019, at which time the Subcommittee terminates.

Amends GS 130A­283. Defines a number of terms, including body art (procedures conducted for artistic purposes that include body piercing, branding, scarification, subdermal implants, and tattooing as these terms are also newly defined). Redefines tattooing to exclude the production of scars (now defined as  scarification ). Applies existing regulations of tattooing to all forms of body art. Creates a new Class A1 misdemeanor consisting of any violation of GS 130A­283. Adds text clarifying that GS 130A­283 does not authorize licensed body artists to treat injuries or otherwise practice medicine. Makes conforming changes.

Amends GS 130A­29(c) to apply the existing regulation of tattooing to all forms of body art.

Amends GS 130A­39(g) to make a conforming change.

Effective January 1, 2018. Permits for tattooing issued before that date, but not yet expired, remain valid until expiration.