House committee substitute to the 1st edition makes organizational, clarifying, and technical changes to proposed GS 14-269.2(k1).

Senate committee substitute makes the following changes to the 4th edition. 

Amends proposed GS 14-309.36, to requrie gaming tables and equipment be inspected at least one time per calendar year (was, at least four times).

House committee substitute to the 1st edition makes the following changes. Amends GS 14-415.27 by correcting the statutory cross reference for the reference to law enforcement facilities. 

Part I.

Amends GS 14-50.43, which makes a criminal gang that regularly engages in criminal gang activity a public nuisance, as follows. Defines regularly as at least two times (was, at least five times) in a period of no more than 12 months. Amends who may be made a defendant in a suit to abate a criminal gang activity public nuisance to now include any criminal gang, as an unincorporated association and in the name by which it is commonly known and without naming any of the individual members, and any criminal gang member who associates with other gang members. Adds that a complaint may also name, as a class of defendants, all unknown criminal gang members. Sets out what constitutes adequate service of process on a criminal gang. Adds to the actions that the court may take upon finding that a public nuisance exists that the court may order any person not to associate with other persons associated with a criminal gang and to divest him- or herself of any involvement or interest, direct or indirect, in a criminal gang. Adds that any gang member who is not specifically named in an injunction may be subject to the order only after personal service with a copy of the injunction. Allows the use of testimony from a fact witness, an expert witness, or a combined fact expert witness to prove criminal gang activity, membership, association leadership, and existence. Provides that expert testimony is admissible to show particular conduct, status, and customs indicative of criminal gangs and criminal gang activity, including seven specified topics, that include specific rivalries between criminal gangs, social customs and behaviors, and terminology used by criminal gang members. Allows the court to either find the defendant guilty of contempt or find the defendant guilty of a Class A1 misdemeanor for a violation of any injunction granted under the Article. Makes organizational, clarifying, and conforming changes. Applies to offenses committed on or after December 1, 2019. 

Part II.

Amends GS 14-50.16A. Changes the definition of criminal gang to any ongoing organization, association, or group of three or more persons that (1) engages in criminal gang activity (was, has as one of its primary activities the commission of criminal or delinquent acts) and (2) shares a common name, identification, signs, or other distinguishing characteristics. Amends the definition of criminal gang leader or organizer to require that the individual meet any of the 5 specified criteria instead of requiring that the individual meet two or more of those criteria.

Amends GS 14-50.17 by making it unlawful to cause, encourage, solicit, or coerce a person age 18 (was, age 16) to participate in criminal gang activity. Make a conforming change in GS 14-50.18, relating to minors, to make it unlawful to cause, encourage, solicit, or coerce a person under age 18 (was, under age 16) to participate in criminal gang activity. 

Enacts new GS 14-50.31 allowing the use of testimony from a fact witness, an expert witness, or a combined fact expert witness to prove criminal gang activity, membership, association leadership, and existence. Provides that expert testimony is admissible to show particular conduct, status, and customs indicative of criminal gangs and criminal gang activity, including seven specified topics, that include specific rivalries between criminal gangs, social customs and behaviors, and terminology used by criminal gang members. 

Enacts new GS 14-50.32 to construe any crime under the Article as having been committed in any county in which any act was performed as part of criminal gang activity.

Applies to offenses committed on or after December 1, 2019.

Part III.

Amends GS 15A-1340.16E by adding to the conditions under which an enhanced sentence can be imposed for offenses committed as a part of criminal gang activity, to also require an enhanced sentence when the person is found to have possessed or used a firearm during the commission of the offense. Makes additional organizational and clarifying changes. 

Enacts new GS 14-269.9 to make it unlawful for a person to possess a firearm or weapon of mass death and destruction during the commission of a felony under GS Chapter 14 (Criminal Law) or Article 5 of GS Chapter 90 (Controlled Substances Act). A violation is a separate offense from the underlying felony offense. Violations are a (1) Class D felony if the person discharges the firearm or weapon during the commission or attempted commission of the felony; (2) Class F felony if the person brandishes the firearm or weapon during the commission or attempted commission of the felony; or (3) Class H felony for any other violation of the statute.

Enacts new GS 14-269.10 making it a Class G felony to sell, deliver, transfer, or give a firearm or weapon of mass destruction to a person the transferor knows or reasonably should know is participating in criminal gang activity. 

Amends GS 14-415.1 to increase the penalty for a felon to purchase, own, possess or have in his custody, care, or control any firearm or weapon of mass death and destruction, from a Class G felony to a (1) Class D felony if the person was participating in criminal gang activity at the time of the violation, (2) Class D felony for a second or subsequent violation of the statute, and (3) Class F felony for any other violation of the statute. 

Enacts new Rule 416, Evidence of criminal gang activity, under the Rules of Evidence in Article 4 of GS Chapter 8C. Makes in any proceeding in which a person is accused of conducting, participating in, or conspiring to commit, criminal gang activity, or in any proceeding under Article 13B of GS Chapter 14 (North Carolina Criminal Gang Nuisance Abatement Act), evidence of the defendant's commission of criminal gang activity and other crimes, wrongs, or acts admissible and allows it to be considered for its bearing on any matter to which it is relevant. Requires the prosecutor to disclose the evidence to the defendant at least 10 days in advance of trial, unless the time is shortened or lengthened or pretrial notice is excused by the judge upon good cause shown.

Applies to offenses committed on or after December 1, 2019. 

Part IV. 

Includes a severability clause.

Part V.

Provides that prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.

Part VI. 

Unless otherwise indicated, the act is effective December 1, 2019.

Part I.

Amends GS 127A-111 by providing that no NC National Guard member is to be forced to use (was, use or exhaust) any of the member's vacation or other accrued leave from the member's civilian employment for a period of active service. Makes language gender-neutral.

Part II.

Enacts new GS 143B-600.1 Allows an employee of the Department of Public Safety to perform work involving the installation, construction, maintenance, or repair of any buildings, wiring, piping, devices, appliances, or equipment located in or constituting improvements located on State-owned land without being licensed if the work performed is valued at less than $100,000 or all work is performed as force-account work otherwise authorized by law up to the value authorized. 

Part III. 

Amends the powers of a probation officer under GS 15-205 by giving probation officers the authority to serve any warrant or other process issuing from any of the state courts having criminal jurisdiction. Removes the same right to execute process as that given to sheriffs. Gives probation officers  authority to assist law enforcement officers in making arrests and preventing escapes from custody when requested or when, in the judgment of the probation officer, such assistance may be necessary. Gives probation officers subject matter jurisdiction of law enforcement officers on prison property for the purpose of protecting life and property, for the purpose of transferring prisoners from place to place, and for apprehending, arresting, and returning to prison escaped prisoners. Gives probation officers  subject matter jurisdiction of law enforcement officers when responding to active assailant incidents and civil disturbances or when assigned to perform additional duties during times of disasters. 

Part IV.

Amends GS 143-341 to exempt Community Corrections vehicles from the requirement for State agencies to transfer their vehicles to the Department of Administration. 

Part V. 

Amends GS 143B-720 to give the Post-Release Supervision and Parole Commission authority to issue orders of temporary or conditional revocation of post-release supervision and parole subjecting supervisees and parolees to arrest by a law enforcement officer or a post-release supervision and parole officer. Requires such orders to be entered into NCAWARE. Makes language gender-neutral.

Part VI.

Amends GS 14-258.4 to sentence any prisoner who knowingly and willfully exposes genitalia to an employee while the employee is performing the employee's duties to a minimum term of six months and a maximum of 12 months in prison. Clarifies that sentences imposed under the statute run consecutively to and commence at the expiration of any sentence being served for an offense by the person sentenced. Applies to offenses committed on or after December 1, 2019.

Part VII.

Amends GS 14-258 to require that any prisoner possessing a letter, weapon, tool, good, article of clothing, device, or instrument to effect an escape or aid in an assault or insurrection must be sentenced to a minimum term of 12 months and a maximum of 24 months in prison. Makes organizational changes.

Amends GS 15A-1368.1 by making conforming changes to specify that Article 84A (Post-Release Supervision) of GS Chapter 15A is applicable to felons sentenced to an active punishment under GS 14-258 (providing forbidden articles or tools for escape), and GS 14-258.4 (malicious conduct by prisoner).

Applies to offenses committed on or after December 1, 2019.

Part VIII.

Enacts GS 143-18.2 to prohibit the personal property of an inmate in the custody of the Division of Adult Correction and Juvenile Justice (Division) from exceeding a total value of $250. Requires DPS to reimburse an inmate for the value of an item or provide replacement for an item, when DPS’s Administrative Remedies Procedures results in such a recommendation, when the inmate’s property is lost, destroyed or damaged through the negligent maintenance of the correctional facility or the negligence of the correctional facility’s employees. Establishes this remedy as the sole remedy for inmate property loss, damage, or destruction. Limits reimbursement from exceeding $250 per incident. Prohibits reimbursement of an inmate for lost, damaged, or destroyed State-issued property. 

Enacts GS 143-295.2 to establish that an inmate has no recourse against the Division through Article 31, Tort Claims against State Departments and Agencies, for property lost, stolen, or otherwise damaged through the negligent handling of its correctional facility or staff members, but instead requires reimbursement or replacement of the item pursuant to new GS 148-18.2.

Makes technical changes to GS 143-291. Establishes that the Industrial Commission (Commission) has no jurisdiction over any claim brought by an inmate in the custody of the Division unless the inmate has exhausted DPS’s Administrative Remedy Procedure set out in GS 148-118.2. Makes conforming changes to GS 148-118.2. Eliminates the provision which allowed a court to waive the exhaustion requirement if it finds waiver to be in the interest of justice. Makes technical and clarifying changes.

Amends GS 143-291.2 to specify that the Commission can tax costs against the losing party in the same amount and manner as costs are taxed in the Superior Court Division of the General Court of Justice (previously did not specify costs and manner of superior court). Adds an explicit prohibition against the Commission taxing the cost against the prevailing party. Additionally establishes a new disqualification for an inmate seeking indigent status. Prohibits granting indigent status to a currently incarcerated inmate who is the claimant under Article 31 if, while incarcerated or detained in any State facility, the inmate has on three or more prior occasions brought an action or appeal before the Commission that was dismissed on the grounds that it is frivolous, malicious, not within the statute of limitations, exceeds the exclusive jurisdiction of the Commission, or fails to state a claim upon which relief can by granted. 

Amends GS 143-295 to authorize claims to be settled upon agreement between the various departments, institutions, and agencies of the State and the claimant without approval of the Commission for an amount not to exceed $25,000 (previously, this authority was limited to settlement between the claimant and the Attorney General). Makes conforming changes.

Enacts GS 143-299.5 to establish limited liability for the Division for damages under Article 31 for acts or omissions of its employees tasked with the supervision, protection, control, confinement, or custody of the State’s inmate population. Excepts gross negligence from the immunity provided.

Amends GS 143-299.1A, regarding when the public duty doctrine can be used as an affirmative defense. Establishes that the provisions which specify when the doctrine cannot be used do not limit the application of the public duty doctrine in cases where the claimant is an inmate in the Division’s custody unless the injury arises from the gross negligence of DPS or its staff. Makes conforming organizational changes.

Part IX.

Enacts new GS 20-43.3 to allow the Division of Motor Vehicles (DMV) to collect and maintain motor carrier or commercial motor vehicle data in a manner that complies with the information system established by the US Secretary of Transportation.

Amends GS 20-54 by requiring the DMV to deny registration of a vehicle of a motor carrier if the applicant fails to disclose material information required; if the applicant has made a materially false statement on the application; if the applicant has applied as a subterfuge for the real party in interest who has been issued a Federal out-of-service order; or if the applicant's business is operated, managed, or otherwise controlled or affiliated with a person who is ineligible for registration. Also requires denying registration for a vehicle that has been assigned for safety to a commercial motor carrier who has been prohibited from operating by the Federal Motor Carrier Safety Administration or a carrier whose business is operated, managed, or otherwise controlled or affiliated with a person who is ineligible for registration. Previously, required the DMV to refuse registration or issuance of a certificate of title or any transfer of registration when the applicant motor carrier is subject to an order issued by the Federal Motor Carrier Safety Administration or the DMV to cease all operations based on a finding that the continued operations of the motor carrier pose an imminent hazard. Makes the same changes to the requirements of GS 20-110 concerning cancelling and rescinding registration of a vehicle of a motor carrier. 

Makes conforming changes to GS 20-381.

Effective 90 days after the act becomes law. 

Part X.

Recodifies GS 14-254.5, which defines employee and prisoner under Article 32, Misconduct in Private Office, to GS 14-259.1, under Article 33, Prison Breach and Prisoners. 

Part XI.

Amends GS 8-53.10 concerning peer support group counselors. Defines emergency personnel officer as firefighting, search and rescue, or emergency medical service personnel, or any employee of any duly accredited State or local government agency possessing authority to enforce the criminal laws of the State who is (1) actively serving in a position with assigned primary duties and responsibilities for prevention and detection of crime or the general enforcement of the criminal laws of the State and (2) possesses the power of arrest by virtue of an oath administered under the authority of the State. Adds emergency personnel officers to the definition of peer counselor under the statute, subject to the training and designation criteria specified therein. Makes conforming changes to the definition of privileged communication. 

Recodifies GS 163A-1145.1(a)(1)e. as GS 163A-1145.1(a)(2)c. to now allow a tribal enrollment card issued by a State or federal recognized tribe to be presented as voter identification, regardless of whether the identification contains a printed expiration or issuance date (previously under subdivision (1), required a tribal enrollment card to be valid and unexpired, or expired for one year or less).

Amends GS 163A-1145.2 (Approval of student identification cards for voting registration). Modifies and adds to the criteria that must be met for the State Board of Elections (State Board) to approve the use of student identification cards (student IDs) issued by a UNC constituent institution, a community college, or eligible private postsecondary institution for voting identification. Now requires the university or colleges to submit documentation satisfactory to the State Board that the specified requirements have been met and will not knowingly be violated with regard to student IDs issued during the approval period (previously required a signed letter of the chancellor, president, or registrar to the Executive Director of the State Board to attest that the specified criteria have been met and are true under penalty of perjury). Requires the letter to attest that the IDs issued by the university or college contain photographs obtained (was, taken) by the university or college or its agents/contractors, and that the photograph is a frontal image that includes the student's face and represents a clear, accurate likeness of the student to whom the card is issued (previously not specified). Adds that if the photo is produced by the university, college, or its agents, the university or college must explain in detail the process used to ensure the photo is that of the student to whom the ID is issued. Specifies that the ID cards must be issued after enrollment or other process (previously, only after enrollment) that includes one or more methods of confirming the student's identity using data (previously, that includes methods of confirming the student's identity, and did not specify confirmation using data). Requires restricting access to the equipment for producing the identification cards through security measures (was, be kept in a secure location). Qualifies the university's or college's duty to report any misuse of the ID card equipment to law enforcement as specified to only when they have knowledge of the misuse. Requires ID cards issued on or after January 1, 2021, to contain an expiration date (was, effective on that date). Requires the university or college to provide copies of student IDs (was, standard IDs) to the State Board to assist with training. Requires the college or university to provide an electronic link or a copy to students issued the student ID of a document developed by the State Board detailing the specified voting requirements (was, a copy to student when issued the student ID card). Directs the State Board to establish a schedule for submissions and approvals of the documentation. Requires the State Board to permit a university or college to submit a statement indicating no changes have been made by the university or college since the prior election cycle's approval. Provides that approval of students' IDs for voting identification purposes under the statute is valid from January 1 of an odd-numbered year through December 31 of the next even-numbered year. Now requires the State Board to produce a list of participating universities and colleges every two years rather than every four years. 

Amends GS 163A-1145.3 (Approval of employee identification cards for voting identification). Makes identical changes to those made to GS 163A-1145.2. Additionally, makes clarifying changes to include employee IDs issued by charter schools in the statute's provisions (previously stated in the general provisions of subsection (a), but not specifically included in the documentation requirements of subdivision (1)).

Amends Section 1.2(f) of SL 2018-144, as amended, requiring the State Board to approve the tribal enrollment cards, student ID cards, and employee ID cards for use as voting identification under GS 163A-1145.1 by November 1, 2019 (was, March 15, 2019), for use in primaries and elections held in 2020 (was, for elections held in 2019 and 2020, and again by May 15, 2021, for elections held on or after that date). Further, requires the State Board to adopt temporary rules on reasonable security measures for use of student or employee ID cards for voting in GS 163A-1145.2 and GS 163A-1145.3 no later than September 15, 2019 (was, February 1, 2019). Requires the State Board to produce the list (previously the initial list) of participating institutions and employing entities for use in primaries and elections held in 2020 (was, pursuant to the act by April 1, 2019, with no specific purpose identified).

Amends Section 1.2(g) of SL 2018-44, as amended, to prohibit denial of approval of a student or employee ID card under GS 163A-1145.2 or GS 163A-1145.3 solely for lack of a printed expiration date; limited to elections held in 2020 only. Now specifies that an approved student or employee ID (previously did not require approval) without a printed expiration date is eligible to use in any election held before January 1, 2021.

Establishes that any student or employee ID issued by an entity with approval of the State Board on or before March 15, 2019, for use in elections held on or after January 1, 2019, until December 31, 2022, continues to be eligible for use in an election prior to December 31, 2022, without further submission by the entity. Allows any entity denied approval on or before March 15, 2019, to submit a revised application, of which the State Board must approve the IDs for use as voting identification no later than December 1, 2019, for use in primaries in 2020.

Enacts GS 163A-1303(e) to authorize county boards of elections to propose a Plan for Implementation by unanimous member vote providing for sites for absentee ballots to be applied for and cast in elections conducted in odd-numbered years, which must contain the hours of operation for all elections conducted in the county for that year. Allows the State Board to adopt a Plan for Implementation upon petition by a member or members when unanimity is not reached. Requires any Plan approved to have uniform locations, days, and hours for all sites through the one-stop voting period required under subsection (a) of the statute. 

Includes whereas clauses.

Part I.

Requires the Department of Health and Human Services (DHHS) to design the NC Health Care for Working Families program (program), providing coverage to residents of the state who (1) meet all federal Medicaid citizenship and immigration requirements; (2) are not eligible for Medicaid under the currently established North Carolina eligibility criteria; (3) have a modified adjusted gross income that does not exceed 133% of the federal poverty level; (4) are not entitled to or enrolled in Medicare Part A or Part B benefits; and (5) are between the ages of 19 and 64.

Requires that the benefit package be similar to the coverage provided under North Carolina's 2017 Essential Health Benefits Benchmark Plan and the Blue Cross and Blue Shield of North Carolina Blue Options Preferred Provider Organization Plan and requires it to comply with applicable federal requirements governing Alternative Benefits Plans. Requires program participants to pay an annual premium that is set at 2% of the participant's household income. Failure to pay within 90 days results in suspension from the program; sets out conditions under which participation may be reactivated. Requires DHHS to adopt rules related to premiums, including exemptions, from the requirements; sets out criteria for the premiums exemptions. Requires DHHS to develop cost-effective methods of accepting participant contributions that facilitate the participant's ability to make the contribution.  

Requires co-payments to be comparable with those applied under the NC Medicaid State Plan. Requires DHHS to establish preventive care and wellness activities for the program. Requires DHHS to establish employment activities for program participants that adhere to federal guidance and are aligned with the work requirements of the Able-Bodied Adults Without Dependents policy under the Supplemental Nutrition Assistance Program as much as possible, with six categories of individuals exempted from the mandatory employee activities.

Requires the program to be built on defined measures and goals for risk-adjusted health outcomes, quality of care, patient satisfaction, access, and costs, with components subject to accountability measures. 

Limits the sources of funding for the program to federal funds, participant contributions, and State and county funds.

Requires coverage to begin upon the earlier of (1) 120 days after the approval by the Center for Medicare and Medicaid Services of all State Plan amendments or amendments to the 1115  demonstration waiver submitted under this Section or (2) July 1, 2020.

Sets out six conditions under which the program will not be implemented or will be terminated.

Requires DHHS to report to the specified NCGA committee by October 1, 2019, with a design proposal for the program; specifies items that must be included in the report.

Part II.

Enacts new Article 3, Rural Access to Healthcare Grants, in GS Chapter 108B. Establishes the North Carolina Rural Access to Healthcare Grant Fund in the Department of Health and Human Services, Division of Central Management, Office of Rural Health (Office), to provide grants to qualified applicants for any of 10 eligible activities, including health care provider recruitment to rural areas, expansion of telehealth into rural areas, infant mortality reduction efforts, and expansion of mental health services into rural areas. Defines a qualified applicant as an individual or entity that meets criteria for applying for funds distributed under the Rural Access to Healthcare Grant Program, as established by the Office. Requires the Office to define the term rural. Limits grants to no more than $1 million. Prohibits grant recipients from applying for an additional grant until five years from the date of the first grant. Sets out issues the Office must consider when awarding grants. Allows the Office to require grantee to make annual reports.

Provides that if H114 (an act to subject prepaid health plans licensed by the Department of Insurance to the gross premium tax) becomes law, then it is the NCGA's intent to appropriate funds to the North Carolina Rural Access to Healthcare Grant Fund in an amount that represents the amount of revenue from the gross premiums tax attributable to capitation payments received by prepaid health plans as a result of the implementation of the NC Health Care for Working Families program.

Amends GS 90-18 to revise the acts identified which constitute the practice of medicine or surgery, thereby triggering a requirement for licensure under Article 1. Makes the following changes to subdivision (c)(3a). Defines collaborative care services to mean patient care services authorized by a physician and delegated to a pharmacist for the purpose of drug therapy and disease management. Now requires the provision of patient care services by a licensed pharmacist under a collaborative practice agreement with one or more physicians to be performed in accordance with the rules developed by the NC Medical Board and the NC Board of Pharmacy and approved by both Boards. Authorizes a supervising physician to delegate to a licensed pharmacist, under a collaborative practice agreement, any patient care services that the supervising physician deems appropriate. Eliminates existing provisions of subdivision (c)(3a) that included the provision of drug therapy management, defined to include implementing drug therapy and ordering tests by a licensed pharmacist engaged in the practice of pharmacy pursuant to an agreement that is physician, pharmacist, patient and disease specific when performed in accordance with the Boards' rules and approved by the Boards).

Makes conforming changes to GS 90-18.4 concerning clinical pharmacist practitioners. Modifies the conditions to which clinical pharmacist practitioners authorized by physicians to provide patient care in accordance with GS 90-18(c)(3a) and GS 90-18.4A are subject. Now requires the Boards to have adopted rules developed by a joint subcommittee governing the use and oversight of collaborative practice in patient care settings that the Boards have determined to be in the best interest of patient health and safety. Additionally requires clinical pharmacist practitioners to register with the Board of Pharmacy and maintain annual requirements as a clinical pharmacist practitioner (previously only required current approval from both Boards), and requires the clinical pharmacist practitioner's unique identification number to be shown on any prescriptions he or she writes (previously required the Medical Board to assign an ID number to be written on prescriptions written by him or her). Eliminates the condition which required the agreement to prohibit the substitution of chemically dissimilar drug products without explicit consent of the physician and to provide for periodic review by the physician of the drugs modified. Adds a new subsection to require the supervising physician to evaluate the provision of collaborative care services by the clinical pharmacist practitioner in accordance with rules adopted by the Boards. Requires the physician to conduct periodic review and evaluation of the clinical pharmacist practitioner as stated in their agreement. Authorizes the physician to collaborate with and supervise as many clinical pharmacist practitioners as the physician deems safe and effective. Repeals subdivisions (c)(1)-(4) regarding conditions for certain clinical pharmacist practitioners working in hospitals and other facilities to order medications and tests from the facility's prescription drug formulary or other lists of drugs to be utilized in the facility. Recodifies subdivision (c)(5) as subsection (c1) and modifies it to now provide as follows. Requires any drug therapy order medications, tests, or devices written by a clinical pharmacist practitioner to be deemed authorized by the collaborating physician. Requires orders written by a clinical pharmacist practitioner to be documented to inform the collaborating physician or advanced practice provider for the patient. Requires the supervising physician to conduct periodic review and evaluation of the clinical pharmacist practitioner's prescribing patterns. Adds new subsection (c2) to allow institutional and group practices to implement an institution-wide, multiprovider collaborative practice agreement for the care of their patients under a policy for oversight and evaluation of clinical pharmacist practitioners by an appointed supervising physician. Repeals subsection (d), which authorized any registered nurse or licensed practical nurse who receives a drug therapy order from a clinical pharmacist practitioner for medications or tests to perform that order in the same manner as if the order was received from a licensed physician.

Amends GS 90-8.2 to allow rather than mandate the Medical Board to appoint and maintain a subcommittee to work with a subcommittee of the Pharmacy Board to develop rules to govern the performance of patient care services by clinical pharmacist practitioners. Authorizes the Pharmacy Board to determine reasonable fees to accompany the registry application not to exceed $50 and annual renewal of registration not to exceed $50 (previously required of the Medical Board with an initial application fee of $100 and renewal of $50). Requires rules recommended by the joint subcommittee to be made and adopted compliant with GS Chapter 150B (APA) by both Boards within six months of any approved statutory changes (was not effective until adopted by both Boards). Now places the responsibility to ensure compliance with collaborative practice rules with the Pharmacy Board rather than the Medical Board.

Enacts GS 90-18.4A (substantively similar to GS 90-18.4(b)(4), as repealed) to permit a collaborative practice agreement to include a statement of authorization regarding the clinical pharmacist practitioner's authority to conduct drug substitutions within the same therapeutic class. Requires documentation of any substitutions and notification of the physician. Requires the agreement to include a policy for periodic review by the physician regarding therapeutic substitutions made. Allows physicians to add advanced practice providers to an agreement if supervised in a manner separate from the collaborative practice agreement, so long as evaluation and supervision of the clinical pharmacist practitioner remains with the supervising physician.

Amends GS 90-85.3(b2), under the NC Pharmacy Act, Article 4A, to now define a clinical pharmacist practitioner as a licensed pharmacist who (1) provides collaborative care under a written collaborative practice agreement with one or more physicians, (2) has registered with the Pharmacy Board, (3) meets and maintains required annual professional development requirements, (4) maintains good standing with the Pharmacy Board, and (5) practices in accordance with GS 90-18.4, as amended, and rules established by the joint subcommittee of the Boards. Also defines collaborative care services as it is defined in GS 90-18(c)(3a), as amended.

Enacts GS 90-85.11B to direct the Pharmacy Board to maintain a registry of all pharmacists engaged in collaborative practice and to issue and track numbers unique to each participating pharmacist. 

Applies to licenses granted or renewed on or after October 1, 2019.

Part I.

Appropriates from the General Fund to the reserve account in the Office of State Budget and Management for enrollment adjustments for UNC $43,578,223 in additional recurring funds for 2019-20 to increase graduation rates and reduce time to degree by expanding the number of and enrollment in on-campus undergraduate summer courses offered on campus at constituent institutions. Requires for subsequent fiscal years, that UNC's annual enrollment growth request reflect incremental changes in the actual credit hours completed in the fall, spring, and summer terms. 

Adds new Part 5, NC College Completes Scholarship, in Article 23 of GS Chapter 116. Allows a student enrolled in a UNC constituent institution or a community college to apply for scholarship funds to enroll in a summer course. Gives priority to students who have financial need and who can use summer courses to earn 30 credits in the academic year or accelerate their path to a degree. Applies beginning with the 2020 summer term. Appropriates from the General Fund to the UNC Board of Governors $10 million in recurring funds for 2019-20 to be allocated to the North Carolina State Education Assistance Authority (Authority) to provide summer scholarships as provided for above. Of those funds, requires that (1) up to $7 million in recurring funds be used to provide scholarships to students enrolled in constituent institutions and (2) up to $3 million in recurring funds be used to provide scholarships to students enrolled in community colleges.

Part II.

Enacts new GS 116-209.85 to allow a student who (1) receives an eligible college transfer associate degree from a community college and (2) transfers to a UNC constituent institution within 12 months of receiving the degree may apply for a one-time scholarship award in an amount of up to $1,000. Appropriates from the General Fund to the UNC Board of Governors $4 million in recurring funds for  2019-20 to be allocated to the North Carolina State Education Assistance Authority to establish this  scholarship program. Applies beginning with the award of scholarship funds for the 2019-20 academic year.

Appropriates for 2019-20 fiscal year,from the General Fund to the UNC Board of Governors $150,000 in recurring funds and $200,000 in nonrecurring funds to support the work of the Transfer Advisory Committee (TAC) and the Military Credit Advisory Council (MCAC). 

Appropriates from the General Fund to the UNC Board of Governors $300,000 in recurring funds for 2019-20 to reduce student textbook costs through the curation and adoption by The University of North Carolina System Office of high-quality open educational resources materials for the most commonly taught courses across constituent institutions and community colleges.

Part III.

Appropriates from the General Fund to the Community Colleges System Office $11,520,449 in additional recurring funds for 2019-20 for short-term workforce training continuing education programs that lead to a State- or industry-recognized credential. Requires the funds to be used to eliminate the full-time equivalent determination disparity between short-term workforce training programs and curriculum programs.

Appropriates for 2019-20 from the General Fund to the Community Colleges System Office $5 million in recurring funds and $1.5 million in nonrecurring funds for the purchase of an online registration system for continuing education courses.

Appropriates from the General Fund to the Community Colleges System Office $566,587 in recurring funds for 2019-20 for each of the following: (1) the operation of the Forsyth Technical Community College Transportation Technology Center, (2) for the operation of the Guilford Technical Community College Aviation Campus, (3) for the operation of the Richmond Community College Scotland County Campus, and (4) for the operation of the Wake Technical Community College Research Triangle Park Campus.

Part IV. 

Amends GS 115D-21.5, concerning the NC Career Coach Program, by amending the funding match requirement so that the dollar for dollar match applies when the community college's main campus is in a tier three county only, adds a requirement of $1 of local funds every $2 in state funds when the community college's main campus is in a tier two county, and no match is required when the community college's main campus is in a tier one county.

Appropriates $2.8 million in recurring funds for 2019-20 from the General Fund to the Community Colleges System Office to support the NC Career Coach Program.

Applies beginning with the 2019-20 school year. 

Part V.

Effective July 1, 2019. 

Requires the State Registrar, by October 1, 2019, to develop and adopt a mechanism to allow parents to self-identify the race of a child born in the State. Requires the Secretary of the Department of Health and Human Services to report on the mechanism to the specified NCGA committee by November 1, 2019.

Part I. Personal Income Tax Changes

Amends GS 105-­153.5(a) to raise the standard income tax deduction from $20,000 to $20,750 for married, filing jointly/surviving spouse taxpayers, from $15,000 to $15,563 for heads of household, and from $10,000 to $10,375 for single and married, filing separately taxpayers. Effective for taxable years beginning on or after January 1, 2021.

Further amends GS 105-153.5(a) and (c2) to allow, for taxable years 2014 through 2018 (was beginning on or after 2014) a taxpayer, who elected to take the income tax exclusion under section 408(d)(8) of the Internal Revenue Code (Code) for a qualified charitable distribution from an individual retirement plan by a person who has attained the age of 70 and a half, to deduct the amount that would have been allowed as a charitable deduction under section 170 of the Code had the taxpayer not elected to take the income exclusion. Makes conforming changes to require the taxpayer to add such amount excluded from gross income under the decoupling adjustment provisions. 

Part II. Franchise Tax Changes

Amends GS 105­-120.2 (Franchise or privilege tax on holding companies). Currently provides for the tax to be the higher of the two rates described in GS 105­120.2(b)(1) and GS 105­120.2(b)(2). Eliminates the specified rates. Instead provides for each rate to be set at the rate provided in GS 105-122(d2), as amended, per $1,000. Maintains that the first rate cannot be less than $200 or exceed $150,000. Now provides that the second rate is per $1,000 on the total actual investment in tangible property in the State as computed under GS 105-122(d), eliminating the requirement of using the greater of that option or 55% of the appraised value of all the real and tangible property in the State plus the appraised value of intangible property. Makes conforming repeal of GS 105-122(d)(2) (possibly intends subsection (d)).

Amends GS 105­-122 (Franchise or privilege tax on domestic and foreign corporations). Adjusts the tax rate to set the tax rate for an electric power company or a company that is a member of a qualified group at $1.50 per $1,000 of the company's tax base. Defines a qualified group to mean an affiliated group that has one ore more members that is an electric company.  For all other C Corporations, lowers the rate to $1.30 (was $1.50) per $1,000 of the corporation's tax base. For S Corporations, lowers the rate to $1.30 from $1.50 per $1,000 of its tax based that exceeds $1 million, but maintains the rate of $200 for the first $1 million of the corporation's tax base. Effective for taxable years beginning on or after January 1, 2020, and applicable to the calculation of franchise tax reported on the 2019 and later corporate income tax returns.

Further amends GS 105-122, effective for taxable years beginning on or after January 1, 2021, and applicable to the calculation of franchise tax reported on the 2020 and later corporate income tax returns. Lowers the tax rate for C corporations, other than electric power companies or companies which are members of a qualified group, from $1.30 to $1.00 per $1,000 of the corporation's tax base. Also lowers the tax rate for S corporations from $1.30 to $1.00 per $1,000 of its base that exceeds the first $1 million. 

Further amends GS 105-122, effective for taxable years beginning on or after January 1, 2027, and applicable to the calculation of franchise tax reported on the 2026 and later corporate income tax returns. Eliminates the separate rate for electric power companies or companies that are members of a qualified group sets a flat rate for all C corporations at $1.00 per $1,000 of the corporation's tax base.

Part III. Market-based Sourcing for Multistate Income Tax Apportionment

Amends GS 105-130.4 (allocation and apportionment of income for corporations). Concerning the sales factor, establishes that receipts are in the State if the taxpayer's market for the receipts is in the State. Provides for reasonable approximation if the market for a receipt cannot be determined, and if that method is not possible, the receipts must be excluded from the denominator of a taxpayer's sales factor. Makes organizational changes to the parameters regarding a taxpayer's market for receipts in the State, and makes clarifying changes concerning the sale, rental, lease, or license of real property; the rental, lease, or license of tangible property; the sale of service; the rental, lease or license of intangible property; and the sale of tangible property. Distinguishes the meaning of "used in the State" in determining the market for receipts for the rental, lease or license of intangible property and the sale of intangible property.

Establishes new subsections to provide that a broadcaster's market and a bank's market for receipts in the State are provided in new GS 105-130.4A.

Establishes a new subsection to set forth parameters to determine the fraction for the apportionable income of an electric power company, defined as a company, including any of its wholly owned noncorporate limited liability companies, primarily engaged in the business of supplying electricity for light, heat, current, or power to persons in the State and that is subject to control of the NC Utilities Commission and/or the Federal Energy Regulatory Commission. Details provisions to determine the average value of real and tangible personal property owned or rented by an electric power company for purposes of formulating the apportionable income fraction. This provision is repealed effective for taxable years beginning on or after January 1, 2026.

Directs the Utilities Commission (Commission) to adjust the rate for public utilities, excluding water public utilities with less than $200,000 in annual operating revenues, for the above tax changes. Requires each utility to calculate the cumulative net effect of the changes and file the calculation to reflect the net prospective tax changes to customers within 60 days of the enactment of the act. Defers any adjustments required to existing tax assets or liabilities reflected in the utility's books and records required by the changes and instead requires reflection in customer rates in either the utility's next rate case or earlier if the Commission deems it appropriate.

Enacts GS 105-130.4A to set forth provisions concerning market-based sourcing for broadcasters. Sets forth defined terms applicable to the statute. Sets parameters for determining broadcaster assignment of receipts, requiring reasonable approximation based on the ratio of NC subscribers or a ratio of the NC population in the specific geographic area where advertisements or licensed content is materially use, as described. Allows for the Department of Revenue (Department) to authorize an alternate approach where the rules provided do not reflect an accurate approximation of receipts attributable to the State's market. Establishes the fraction for a broadcaster's receipts factor, and specifies parameters for certain types of receipts, including advertising gross receipts and license fees for audio or video programming in release; subscriber fees, sales, or similar charges from audio or visual programming in release; and the sale of audio or video programming on tangible media.

Enacts GS 105-130.4B to set forth provisions concerning market-based sourcing for banks. Sets forth defined terms applicable to the statute. Establishes a general receipts factor fraction for a bank and includes only the receipts described under the statute as apportionable income for the taxable year. Excludes from the receipts factor: receipts from a casual sale of property; receipts exempt from taxation; the portion of receipts realized from the sale or maturity of securities or other obligations that represents a return of principal; receipts in the nature of certain dividends deducted or excluded from tax; and the portion of receipts from financial swaps and other similar financial derivatives that represent the notional principal amount that generates the cash flow traded in the swap agreement. Provides special rules for: receipts from the sale, lease, or rental of real property; the sale, lease, or rental of tangible personal property; interest, fees, and penalties from loans secured by real property; interest, fees, and penalties from loans not secured by real property; net gains from the sale of loans; receipts from interest, fees, and penalties from cardholders; receipts from ATM fees; net gains from the sale of credit card receivables; miscellaneous receipts (including card issuer's reimbursement fees, receipts from merchant's discounts, loan servicing fees, receipts from services, and receipts from investment assets and activity and trading assets). Provides that all other receipts for which no special rules are provided are to be included in the receipt factor fraction's numerator if the payor is located in the State.

Effective for taxable years beginning on or after January 1, 2020.

Directs the Codifier of Rules to enter into the Administrative Code on the effective date of the act the rules adopted by the Department of Revenue on January 4, 2017, pursuant to Section 38.4 of SL 2016.94 (regarding the implementation and administration of market-based sourcing principles), and approved by the Rules Review Commission on February 16, 2017. Provides that the rules apply to taxable years beginning on or after January 1, 2020.

Part IV. Marketplace Facilitators to Collect Sales Tax

Amends GS 105-164.3 to add the terms marketplace, marketplace facilitated sale, marketplace facilitator, and marketplace seller to the defined terms applicable to Article 5, Sales and Use Tax.

Amends GS 105-164.8 to expand the scope of the tax to a retailer who makes a remote sale in the State by soliciting or transacting business in the State by employees, independent contractors, agents or other representatives, whether the remote sales subject to State tax result from or are related in any other way to the solicitation or transaction or transaction of business. Modifies the presumption of solicitation or transacting business by a representative to include if the retailer enters into an agreement with a resident of the State which the person (was, resident) directly or indirectly refers potential customers to the retailer for a commission or other consideration. Makes conforming changes. Also subjects to the tax a retailer who makes remote sales sourced in the State for the previous or current calendar year with either gross sales over $100,000 or two hundred or more separate transactions (was, for the current calendar year). Adds that this provision include sales as a marketplace seller, as now defined in GS 105-164.3, sourced in the State.

Adds a new provision to subject a retailer who makes remote sales to the State tax if the retailer is a marketplace facilitator, as now defined in GS 105-164.3, that makes sales, including marketplace facilitated sales for all marketplace sellers, as those terms are now defined in GS 105-164.3, sourced to the State for the previous or the current calendar year that either has gross sales in excess of $100,000 or two hundred or more separate transactions. Enacts GS 105-164.4J to establish that a marketplace facilitator meeting this threshold is considered the retailer of each marketplace facilitated sale it makes and is liable for collecting and remitting the sales and use tax on all such sales and treat the sales as a wholesale sale. Requires the marketplace facilitator to comply with the same requirements and procedures as other retailers required to be registered and collect and remits sales and use tax in the State. Clarifies that the requirement applies regardless of whether a marketplace seller for whom the marketplace facilitator makes a marketplace facilitated sale has a physical presence in the State; is required to be registered to collect and remit sales and use tax to the State; would have been required to collect and remit sales and use tax in the State had the sale not been made through a marketplace; and would not have been required to collect and remit sales and use tax in the State had the sale not been made through a marketplace. Requires reporting to each marketplace seller the gross sales sourced to the State and the number of separate transactions sourced to the State on its behalf within 10 days after the end of each calendar month. Provides for instances of refunds on portions of the sales price. Prohibits class actions against a marketplace facilitator related to an overpayment of sales and use tax. Clarifies that a customer's right to seek a refund as provided in GS 105-164.11 is not affected. Allows for a marketplace facilitator and a marketplace seller to enter into an agreement regarding fulfillment of Article 5's requirements, but prohibits a marketplace seller from agreeing to collect and remit sales and use tax on marketplace facilitated sales. Maintains that the use tax obligation of a customer is not affected by a marketplace facilitator's failure to collect and remits sales or use tax. Excludes from the statute an accommodation facilitator, an admission facilitator, or a service contract facilitator whose collection and remittance requirements are set out in specified existing law.

Amends GS 105-237.1 to expand instances in which the Secretary of Revenue (Secretary) can compromise a taxpayer's liability for tax collected under GS 105-241.22 to include when a marketplace facilitator can show to the Secretary's satisfaction that the failure to collect the correct amount of tax was due to incorrect information given to the marketplace facilitator by the marketplace seller. 

Further amends GS 105-164.3 to add the terms accommodation and accommodation facilitator. Deletes the definitions subsection from GS 105-164.4F (Accommodation rentals). In calculating the gross receipts derived from the rental of an accommodation, the sales price of the rental of an accommodation made by an accommodation facilitator, which is now defined to include a real estate broker, includes charges designated as facilitation fees, service fees, listing fees, and any other charges necessary to complete the rental (was, previously specified made by a facilitator rather than marketed, and did not include specifically include charges for service fees or listing fees). Now establishes that the liability of an accommodation facilitator for the tax relieves the provider of the accommodation from liability. Defines retailer for purposes of the statute as a provider of the accommodation that meets specified criteria or the accommodation facilitator if it collects payment or a deposit for the accommodation at the time of the reservation. Modifies existing provisions to apply them to a transaction in which the rental of an accommodation is made by an accommodation facilitator but the provider of the accommodation is considered the retailer. Adds a new requirement for the accommodation facilitator to file with the Secretary an annual electronic report by March 31 of each year for the prior calendar year for accommodation rentals for which its is not considered the retailer, including the specified content. Now exempts from the tax a private residence, cottage, or similar accommodation that is rented for fewer than 15 days in a calendar year unless the accommodation is rented by an accommodation facilitator that is considered the retailer (was, other than that listed with a real estate broker or agent). Makes further conforming changes.

Further amends GS 105-164.3 to define admission charge, admission facilitator, amenity, and entertainment activity (identical to the terms defined in GS 105-164.4G, with the exception of the more specific terminology of admission facilitator rather than facilitator). Makes conforming deletions to GS 105-164.4G (Entertainment activity) and makes changes to refer to an admission facilitator rather than a facilitator throughout.

Further amends GS 105-164.3 to define service contract facilitator (identical to the existing definition of facilitator in GS 105-164.4I). Makes conforming deletions to GS 105-164.4I (Service contracts) and make changes to refer to a service contract facilitator rather than a facilitator throughout.

Amends GS 105-164.22 regarding recordkeeping requirements, inspection authority, and effect of failure to keep records. Expands the scope of the statute's requirement to keep records that establish their tax liability to include facilitators and real property contractors. Requires a facilitator's records to include records of the facilitator's gross income, gross sales, net taxable sales, all items purchased for resale, any reports or records related to transactions with a retailer with whom it has a contract as provided in Article 5; subjects to liability a facilitator who fails to keep records that establish a sale is exempt. Requires a real property contractor's records to include substantiation that a transaction is a real property contract or a mixed property contract pursuant to specified state law; subjects to liability a real property contractor that fails to keep records that establish a real property contract. Modifies the existing provisions as follows. Requires retailer's records to also include any reports or records related to transactions with a facilitator with whom it has a contract under the Article. Requires wholesale merchant's records to establish that a sale is exempt from tax and any reports or records related to transactions with a facilitator with whom it has a contract under the Article. Adds that a consumer's records must include on the invoice any sales and use tax paid on the purchase price of an item purchased from inside or outside the State. Makes further organizational and conforming  changes.

Further amends GS 105-164.3 to modify the definitions of advertising and promotional direct mail and bundled transaction to refer to an item rather than a product. Adds the term affiliate. Amends engaged in business to include permanently or temporarily, whether directly or through a subsidiary, having a marketplace facilitator subject to the requirements of GS 105-164.4J, as enacted, or a solicitor transacting business by mobile phone application or other applications in the State; also now includes making marketplace facilitated sales subject to the requirements of GS 105-164.4J, as enacted. Expands remote sale to now include the sale of an item ordered by mail, phone, internet, or mobile phone application, or another method by a retailer who receives the order in another state an delivers the item or makes the item accessible to a person in the State or causes the item to be delivered or made accessible to a person in the State or performs a service sourced in the State (previously did not include orders by mobile phone apps and  limited delivery provisions); presumes a resident who makes an order was in the State at the time the order was made (previously referred to remitting an order). Amends repair, maintenance, and installation services to include activities listed  on certain digital property (was digital property). Amends retailer to refer to sales at retail of items (rather than tangible personal property, digital property for storage, use, or consumption in the State, or services) sourced to the State. Now includes a marketplace facilitator that is subject to the requirements of new GS 105-164.4J or a facilitator that is required to collect and remit the tax under Article 5 in the term. Makes further organizational, clarifying and conforming changes.

Specifies that there is no obligation to collect the sales and use tax retroactively. Provides a severability clause for the Part's provisions. Authorizes the Revisor of Statutes to makes technical changes as necessary to GS 105-164.3.

Applies to sales occurring on or after September 1, 2019.

Part V. Other Business Tax Changes

Amends GS 105-130.5 (concerning corporate income tax) and GS 105-153.5 (concerning individual income tax) to provide for an income tax deduction for the amount received by a taxpayer as an economic incentive pursuant to GS 143B-437.012 (Job Maintenance and Capital Development Fund) or Part 2G (Job Development Investment Grant Program) or Part 2H (One North Carolina Fund), Article 10, GS Chapter 143B. Specifies that the corporate deduction is to the extent included in federal taxable income. Applies to amounts received by a taxpayer pursuant to an economic incentive agreement entered into on or after January 1, 2019.

Amends GS 105-129.110, extending the sunset provisions for Article 3L, Historic Rehabilitation Tax Credits Investment Program, now providing for the Article's expiration for qualified rehabilitation expenditures and expenses incurred on or after January 1, 2024 (was 2020). For qualified rehabilitation expenditures and expenses incurred prior to January 1, 2024, provides for the Article's expiration for property not placed in service by January 1, 2032 (was 2028).

Extends the sunset provisions of the following statutes from January 1, 2020, to January 1, 2024: GS 105-164.13(11b) (sales tax exemption for sales of aviation gasoline and jet fuel to an interstate air business for use in a commercial aircraft); GS 105-164.13(65) and (65a) (sales tax exemption for certain sales to a professional motorsports racing team or a related member of a team for competition use, or an engine or part to build or rebuild an engine under agreement an agreement to a professional motorsports team or related member of a team for competition use); and GS 105-164.14A(a)(4) and (5) (concerning tax refunds for a motorsports team or sanctioning body for taxes paid on aviation gasoline or jet fuel used to travel to or from a motorsports event in the State, or from the State, or to this State, and taxes paid on certain tangible personal property).

Part VI. Facilitate Response to Disasters

Enacts new GS 166A-19.70A as follows. Defines terms that are used in the statute and sets out the statute's purpose. Provides that an out-of-state business performing disaster-related work in the state during a disaster response period at the request of a critical infrastructure company (a registered public communications provider or a registered public utility, as defined in the statute) is not considered to be conducting business in the state and is therefore exempt from franchise tax, income tax, S-corporation income tax, information returns, unemployment tax, workers' compensation, and registration with the Secretary of State to transact business in the state. These exemptions cease to apply when the disaster response period expires. Disaster-related work is defined as repairing, renovating, installing, building, or performing services on critical infrastructure that has been damaged, impaired, or destroyed as a result of a disaster or emergency in an area covered by the disaster declaration. Provides that an out-of-state employee (meaning a nonresident who is an employee of an out-of-state business entitled to the relief described above or a nonresident employee of a critical infrastructure company temporarily in the state to perform disaster-related work during the disaster response period) is not required to pay state income tax, or file an income tax return, on earnings received for disaster-related work performed during a disaster response period. Provides that the employer of an out-of-state employee is not required to withhold income tax from the wages of the employee. Requires a critical infrastructure company that requests an out-of-state business to perform disaster-related work during the disaster response period to notify the State Emergency Response Team (Team) within 30 business days of the out-of-state business's entry into the state. Sets out information that must be included in the notice. Requires the Team to disseminate the information to the appropriate state agencies. Makes conforming changes to GS 96-9.2, GS 97-13, GS 105-125, GS 105-130.11, GS 105-131.7, GS 105-153.4, GS 105-153.8, GS 105-154, and GS 105-163.2.

Enacts new GS 55-1-51 by providing that an out-of-state business performing disaster-related work in this state during a disaster response period at the request of a critical infrastructure company is not required to obtain a certificate of authority from the Secretary of State. Provides that a person issued a temporary license by the Department of Revenue to import, export, distribute, or transport motor fuel in this state in response to a disaster declaration is not required to obtain a certificate of authority from the Secretary of State to transact business in the state for the duration of the temporary license.

Amends GS 105-130.5 by adding to the required additions to federal taxable income in determining state net income payments made to a related party not subject to tax in accordance with the policy in new GS 166A-19.70A, to the extent the payments are deducted in determining federal taxable income.

Enacts new GS 105-449.69A allowing the issuance of a temporary license to import, export, distribute, or transport motor fuel in the state in response to a disaster declaration, which expires upon the expiration of the disaster declaration. Requires filing an application for a temporary license within seven calendar days from the date of the disaster declaration. Requires the application include specified information. Allows issuance of a temporary licence without requiring the applicant to file a bond or irrevocable letter of credit and without requiring the applicant to be authorized to transact business in the state with the Secretary of State. 

Applies to taxable years beginning on or after January 1, 2019.

Identical to S 300, filed 3/19/19.

Amends Article 24, GS Chapter 90 to change the terminology used to now reference "clinical mental health counselors" rather than "professional counselors" throughout the statute.

Renames the NC Board of Licensed Professional Counselors as the NC Board of Licensed Clinical Mental Health Counselors (Board). Amends GS 90-334 to require the Board to establish a program for licensees who may be experiencing substance use disorders, burnout, compassion fatigue, and other mental health concerns. Authorizes the Board to enter into agreements with existing professional health care programs, and to refer any licensee to the program as part of the disciplinary process. Further authorizes the Board to adopt rules to implement the program.

Amends GS 90-337 to authorize the Board to enter into reciprocity agreements with another state that has requirements for licensure as a clinical mental health counselor that are substantially similar to or that exceed requirements established by Article 24.

Makes conforming repeal of GS 90-338.

Makes further technical and conforming changes to specified statutes in GS Chapters 8, 48, 55B, 58, 90, 122C, and 143B.

Authorizes the Codifier of Rules to make any conforming rule changes necessary to conform to the act.

Effective January 1, 2020.

Part I.

Amends GS 14-163.1, which sets out the penalties for killing, assaulting, harming, or taunting, teasing, harassing, delaying, or obstructing law enforcement agency animals, assistance animals, or search and rescue animals by extending the scope of those provisions to include emotional support animals (defined as an animal that provides emotional support, well-being, comfort, or compassion for a person, but is not trained to assist a person with a disability). Applies to offenses committed on or after December 1, 2019.

Part II.

Makes conforming changes to GS 168-1.

Amends GS 168-4.2 to allow a person with a disability to be accompanied by an emotional support animal in places listed in GS 168-3 (common carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats, or any other public conveyances or modes of transportation; hotels, lodging places, places of public accommodation, amusements or resorts to which the general public is invited), and have the right to keep the animal on any premises the person leases, rents, or uses. Requires registering the animal with the Department of Health and Human Services (DHHS) before being accompanied by or keeping an emotional support animal. Requires showing the specified tag in order to be qualified to keep or be accompanied by the animal. Provides that a person is qualified to keep or be accompanied by an emotional support animal upon showing an official copy of the registration from DHHS. 

Amends GS 168-4.3 to require DHHS to adopt rules for registering emotional support animals and requires issuing the person at least three official copies of the registration. Requires that registration is renewed annually. Prohibits charging a registration or renewal fee but allows a $10 charge for each replacement registration when the original is lost.

Amends GS 168-4.4 to provide that a person with a disability accompanied by an emotional support animal is not required to pay extra compensation for the animal. The person has all the responsibilities and liabilities placed on any person when that person owns or uses any animal.

The above provisions in Part II are effective December 1, 2019.

Amends GS 168-4.5 to make it a Class 3 misdemeanor to (1) disguise an animal as an emotional support animal or (2) deprive a person with a disability of any rights or privileges granted under the specified statutes or granted to the general public with respect to being accompanied by an animal or to charge any fee for the use of the emotional support animal. Applies to offenses committed on or after December 1, 2019.

Part III.

Appropriates $200,000 in recurring funds, beginning in 2019-20, from the General Fund to DHHS, to hire additional employees and cover other costs incurred in implementing new GS 168-4.3.

Part IV.

Effective July 1, 2019, unless otherwise indicated. 

Identical to S 668, filed 4/3/19.

Contains whereas clauses.

Enacts new GS 15A-2007 (Defendant with severe mental disability; death sentence prohibited). Defines severe mental disability, and places the burden on the defendant of proving, by clear and convincing evidence, that a severe mental disability predates the alleged offense. Prohibits the death penalty for defendants with severe mental disability at the time of the commission of a criminal offense. Specifies procedure for a court's pre-trial determination of a severe mental disability. Provides that a person found to have a severe mental disability at the time of the commission of the criminal offense waives the defense of not guilty by reason of insanity. Specifies procedure for the introduction of evidence to a sentencing jury regarding a severe mental disability, when a court's pre-trial hearing does not find the existence of a severe mental disability. Places the burden on the defendant of proving the severe mental disability to the jury by a preponderance of the evidence. Authorizes a jury to consider evidence of disability when determining mitigating factors, even if the jury determines that the defendant did not have a severe mental disability. Provides that defendants with severe mental disability may be given any other authorized sentence.

Makes conforming changes to GS 15A-2000(b).

Effective October 1, 2019, and applies to trials docketed to begin on or after that date.

Includes whereas clauses.

Appropriates $100,000 for 2019-20 and $100,000 for 2020-21 in nonrecurring funds from the General Fund to Best Buddies International, North Carolina Chapter (BBNC), to support volunteer training, staff supervision, and program expansion in several counties. Provides that the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, is to appropriate these funds quarterly only if BBNC raises matching funds on the basis of $1 to every $2 of State funds.

Provides that within three months of receiving an allocation, BBNC is to report to the specified NCGA committee on the progress of raising the matching funds, how State funds are being used, and prioritization of expansion efforts into unserved areas.

Effective July 1, 2019.

Amends GS 75-41, which sets forth certain requirements for any person engaged in commerce that sells, leases, or offers to sell or lease, any products or services to a consumer under a contract that automatically renews unless the consumer cancels the contract.

Under current law, the person must disclose the automatic renewal clause in the contract and contract offer and disclose how to cancel the contract in the initial contract, contract offer, or with delivery of products or services. Now instead requires that a person engaged in such business must provide a separate disclosure statement that provides notice that the contract will be automatically renewed if the customer signs the contract and the disclosure statement; that the notice of termination will be provided to the consumer at least 60 days prior to the contract termination date if the customer does not sign the contract and disclosure statement; the length of the initial and each renewal term under the contract; the amount to be charged to the consumer for the initial term and any renewal terms; a list and explanation of any contract terms that will change upon contract renewal; and an email address, mailing address and phone number that the consumer can use to terminate the automatic renewal. Adds a requirement for the person to send a notice to a consumer who does not sign the disclosure statement at least 60 days prior to the contract termination date, which provides the date that the contract is scheduled to terminate and the renewal options available to the consumer; allows delivery of the notice by personal delivery, email, or first-class mail. Also requires the person to provide written confirmation and notice of termination of the automatic renewal within 30 days of receipt of cancellation if a customer cancels the automatic renewal in accordance with the act. Maintains the additional notice requirements for any automatic renewal exceeding 60 days.

Prohibits a person subject to the statute from automatically renewing a contract, charging a consumer a higher fee or contract amount, or otherwise penalizing a consumer if the consumer did not sign a disclosure statement. Adds a new requirement for a person to terminate the automatic renewal provision of a contract within 30 days of receipt of a notice from a consumer that the consumer has permanently relocated to a hospital, nursing home, or assisted living facility.

Makes conforming changes.

Applies to contracts entered into on or after January 1, 2020.

Enacts GS 143B-437.79 to create the Micro-Business Development Loan Fund (Fund) as a restricted reserve in the Department of Commerce (Department) to provide low-interest loans to community development financial institutions to enable lending to qualifying micro-businesses that would otherwise be unavailable. Specifies that funds in the Fund remain available to the Department for the described purpose and do not revert. Defines qualifying micro-business to be a business located and employs no more than five employees in the state and is not a subsidiary or affiliate of any other business. Defines community development financial institution.

Directs the Department to develop guidelines related to the Fund's administration, selection of financial institutions and loan recipients, required criteria a recipient must satisfy prior to any lending, and any terms of agreement between the Department and financial institutions or between financial institutions and loan recipients. Additionally sets forth six terms that must be included in the Department's guidelines which apply to each loan from the Fund, including the prioritization of funds for projects that are reasonably anticipated to result in the creation of new jobs, the retention of existing jobs, or beneficial economic development and to recipients that are minority-owned, women-owned qualifying micro-businesses or other qualifying micro-businesses for which traditional markets are unavailable. Also prohibits a financial institution from charging fees for loans funded in part by the Fund with a principal amount of $5,000 or less. Requires the Department to publish a report on the use of the Fund, as specified, no later than one month after the end of each fiscal year. Requires submission of the report to the specified NCGA division and committee.

Directs the Department to conduct a study to determine the minimum funding level required to successfully implement the Fund and to identify factors to increase the number of community development financial institutions in the state. Requires the Department to submit an annual report to specified NCGA committees and subcommittees by April 1.

Amends GS 105-153.5 to create a personal income tax deduction for unreimbursed trade or business expenses for the taxable year calculated pursuant to Section 162 of the Internal Revenue Code (Code), which provides for ordinary and necessary trade or business expenses, minus the limitation provided under Section 67(a) of the Code, which limits an individual's miscellaneous itemized deductions for any taxable year to only allow the deductions if their aggregate exceeds 2% of the individual's adjusted gross income. Effective for taxable years beginning on or after January 1, 2019.

As title indicates. Requires the Division of Public Health to complete the study, as described, and report to the specified NCGA committee by April 1, 2020.

Includes whereas clauses.

Appropriates $4.8 million for 2019-20 from the General Fund to the UNC Board of Governors to be allocated to the Southern Regional Area Health Education Center to be used for residencies in the Center's service areas and for structural improvements associated with the residency programs.

Effective July 1, 2019.

Enacts new GS 106-137.1. Requires cosmetic manufacturers to disclose on their website the name and Chemical Abstract Service Registry Number, in descending order of predominance (ingredients composing less than 1% of a cosmetic may be listed without respect to predominance), of each ingredient in cosmetics manufactured, distributed, or offered for retail sale in this state. Does not require disclosure of the concentration of an ingredient. Violation subjects the manufacturer to civil penalties under GS 160-124.1, but does not constitute misbranding. Violation is not a misdemeanor, notwithstanding GS 106-124. Makes a conforming change to GS 106-124.

Directs the Commissioner of Agriculture, notwithstanding 02 NCAC 09B .0116(o)(145) (Rule) to require cosmetics manufacturers to disclose ingredients as directed by GS 106-137.1. Directs the Board of Agriculture (Board) to amend the Rule consistent with this requirement of the Director, and directs the Board to implement the Rule subject to the requirement of the Director until the effective date of the amendment to the rule. Effective when it becomes law.

Effective July 1, 2020, except as otherwise indicated.

Requires the Legislative Research Commission (Commission) to conduct study as title indicates. Requires the Commission to do nine things as part of the study, including identifying subsidies, grants, and other incentives to increase the availability of affordable housing and assessing the ability of local governments to leverage existing laws and resources to increase the availability of affordable housing. Requires the Commission to report its findings and recommendations to the 2020 Session of the General Assembly.

As title indicates.