Amends GS 18B-104 to require the Alcoholic Beverage Control Commission (ABC Commission) to develop a written policy regarding actions the ABC Commission may take against permittees for ABC law violations. Requires the policy to detail (1) the guidelines followed by the ABC Commission in determining which authorized action to take against a permittee for a first or repeat violation, (2) when it is appropriate to deviate from the guidelines, (3) the justification for differences in the severity of actions taken for similar violations, and (4) the justification for dismissing an alleged violation case. Requires the policy to be posted on the ABC Commission’s website and requires 30 days’ notice to be posted on the website prior to policy revision. Additionally, establishes a new reporting requirement mandating that the ABC Commission annually posts specified information regarding alleged ABC law violations on its website.
Requires the ABC Commission to post the policy now required under GS 18B-104, as amended, by October 1, 2021.
Directs the ABC Commission to study the feasibility of setting the amount of Commission-assessed fines for ABC law violations based on the value of alcohol sales made by the permittee or the volume of alcohol sold by the permittee. Details required components of the study, including any necessary legislative changes necessary to implement either approach. Requires the ABC Commission to submit the report to the specified NCGA Committee by December 1, 2021.
The Daily Bulletin: 2021-02-10
Printer-friendly: Click to view
The Daily Bulletin: 2021-02-10
Amends GS 143B-437.01, which creates the Industrial Development Fund Utility Account (Utility Account) to provide funds to assist the local government units of the most economically distressed counties in creating jobs. Modifies the definition given for economically distressed county to now define the term to mean a county with total employment of less than 500,000, with the Secretary of Commerce using the latest available data published by the Quarterly Census of Employment and Wages program in measuring total employment (previously, defined the term to mean a county defined as a development tier one or tier two area under state law). Regarding rules the Department of Commerce is required to adopt to administer the program, adds priority guidelines as follows. Requires first priority to be given to counties defined as development tier one or tier two areas under specified state law. Then requires second priority be given to rural census tracts in counties that are defined as development tier three areas under specified state law. Defines rural census tract to mean a census tract having a population density of less than 500 people per square mile according to the most recent decennial federal census.
| Intro. by Boles, McNeill. | GS 143B |
Amends GS 42-34.1 by making technical corrections.
Recodifies GS 150B-2(1b) and (7) as (1a) and (5a), respectively. Makes technical and organizational changes throughout the statute. Makes language gender neutral. Amends the definition of Rule to exclude standards adopted by the State Chief Information Officer (was, by the Department of Information Technology) and applied to information technology. Amends GS 150B-38 by making technical and clarifying changes; makes language gender neutral. Also makes a conforming change by removing from the statute's scope standards adopted by the State Chief Information Officer and applied to information technology. Amends GS 122C-151.4 by changing the term Appeals Panel to Panel. Makes additional conforming and technical changes. Amends GS 150B-23 by making clarifying and technical changes.
Repeals Section 5 of SL 2020-90, which, if H 593 from 2019-20 became law, would have amended that act to allow the the District Attorney to petition the court for judicial review of the sex offender registration requirement upon making a preliminary determination, and notifying the person and the sheriff, that an identified individual’s out-of-state or federal conviction is substantially similar to an NC offense that would have required registration as a sex offender at the time of the offense.
Amends GS 53-166 to no longer make violations of regulations adopted by the Banking Commission under Article 15, the NC Consumer Finance Act, a Class 1 misdemeanor. Deems void any loan contract made or collected in violation of the Article's provisions or rules (rather than regulations) adopted under the Article. Makes technical and clarifying changes.
Amends GS 65-71 to no longer make violations of rules, orders, or licenses adopted or issued under Article 9, the NC Cemetery Act, a Class 1 misdemeanor. Makes technical changes.
Amends GS 74C-17 to no longer make violations of rules adopted to implement GS Chapter 74C, Private Protective Service, a Class 1 misdemeanor. Makes technical changes and makes language gender neutral.
Amends GS 74D-11 to no longer make violations of rules adopted to implement GS Chapter 74 D, the Alarms Systems, a Class 1 misdemeanor. Makes technical changes and makes language gender neutral.
Amends GS 87-48 to no longer make violations of rules adopted by the State Board of Examiners of Electrical Contractors under Article 4, Electrical Contractors, a Class 2 misdemeanor.
Amends GS 90-48 to authorize the State Board of Dental Examiners (State Board) to adopt rules, rather than rules and regulations, governing the practice of dentistry consistent with Article 2, Dentistry. Makes conforming deletions. No longer makes violations of rules, regulations, or bylaws adopted under the Article a Class 2 misdemeanor. Now provides that GS Chapter 150B (the Administrative Procedure Act) governs such rulemaking by the State Board, rather than detailing specific parameters for rulemaking in the statute. Additionally, requires the State Board to make the Article, the State Board's rules, and upon request by a licensed dentist, a directory of dentists, available to each licensed dentist (previously, required the Board to issue a compilation or supplement of the Dental Practice Act, and the Board's rules and regulations every two years, and upon written request by a licensed dentist, a directory of dentists). Makes technical changes.
Amends GS 90-124 to no longer make violations of rules or regulations adopted by the State Board of Examiners of Optometry (State Board) a Class 2 misdemeanor. Now provides that GS Chapter 150B governs rulemaking by the State Board, rather than detailing specific parameters for rulemaking in the statute. Additionally, requires the State Board to make the Article, the State Board's rules, and a directory of optometrists available to each licensed optometrist (previously, required the Board to issue a compilation or supplement of the Optometrist Practice Act, and the Board's rules and regulations every two years, and upon written request by a licensed optometrist, a directory of optometrists). Makes conforming and technical changes to GS 90-121.1; makes language gender neutral.
Amends GS 90-288 to no longer make violations of rules and regulations adopted under Article 20, Nursing Home Administrator Act, a Class 1 misdemeanor. Makes technical and clarifying changes.
Amends GS 90A-66 to no longer make violations of rules and regulations adopted by the State Board of Environmental Health Specialist Examiners under Article 4, Registration of Environmental Health Specialist Examiners, a Class 1 misdemeanor. Makes technical changes and makes language gender neutral.
Amends GS 131E-81 to no longer make violations of rules adopted by the NC Medical Care Commission under Part 2, Hospital Licensure, of Article 5, Hospital Licensure Act, a Class 3 misdemeanor. Makes technical changes.
Amends GS 131E-109 to no longer make violations of rules adopted by the NC Medical Care Commission under Part 1, Nursing Home Licensure Act, of Article 6, Health Care Facility Licensure Act, a Class 3 misdemeanor. Makes technical and clarifying changes.
Applies to offenses committed on or after December 1, 2021. Includes a savings clause for prosecutions for offenses committed prior to December 1, 2021.
Provides legislative findings. Enacts GS 115C-81.57, directing the State Board of Education (State Board) to review the middle school and high school standards of study and integrate education on the Holocaust and genocide into specified courses. Requires the State Board to develop a curriculum for a Holocaust Studies elective to be offered in middle schools and high schools. Requires consultation with the NC Council on the Holocaust and the NC Center for the Advancement of Teaching. Provides for curriculum content by the Department of Public Instruction (DPI) and professional development by local boards of education. Authorizes the NC Council on the Holocaust and the NC Center for the Advancement of Teaching to provide curriculum and professional development in consultation with DPI and local boards of eduction. Applies beginning with the 2021-22 school year.
| Intro. by Elmore, Howard, Sasser, Reives. | GS 115C |
Adds a new education bonus to the base tax credit set out in GS 105-129.105 for qualified rehabilitation expenditures for a certified historic structure located in the state. Creates a bonus of 5% of expenses not exceeding $20 million if the initial use of the building was for an educational purpose and following the rehabilitation, the building is placed into service for an educational purpose, and remains used for that purpose each year the credit or carryforward credit is claimed, proportionate to the amount of the building used for that purpose, if appropriate. Effective for taxable years beginning on or after January 1, 2021.
| Intro. by Adams, K. Baker, Hardister, Warren. | GS 105 |
The Daily Bulletin: 2021-02-10
AN ACT TO MAKE CERTAIN MODIFICATIONS TO 2020 COVID-19 RELIEF LEGISLATION. SL 2021-1. Enacted Feb. 10, 2021. Effective Feb. 10, 2021, except as otherwise provided.
| Intro. by B. Jackson, Harrington, Hise. | UNCODIFIED |
House committee substitute amends the 2nd edition as follows.
Concerning the proposed mandate that all local school administrative units provide the option of in-person instruction to K-12 students for the remainder of the 2020-21 school year, adds the following mandates regarding reasonable work accommodations for classroom teachers. Requires local boards to provide reasonable accommodations to classroom teachers who provide documentation from a licensed physician, licensed physician's assistant, or licensed nurse practitioner that the teacher, or a minor for whom the teacher is the direct caretaker, has an underlying condition that the CDC has identified as increasing the risk for developing severe illness from COVID-19, specifically identifying a remote work option as a reasonable accommodation. Additionally, authorizes local boards to provide reasonable accommodations to classroom teachers meeting the same description when the underlying condition has been identified by the CDC as possibly increasing the risk for developing severe illness from COVID-19. Makes technical, conforming changes.
| Intro. by Ballard, Lee, Hise. | UNCODIFIED |
Includes whereas clauses. Mandates that all public school units provide the option of in-person instruction to K-12 students of their unit for the remainder of the scheduled 2020-21 school year beginning no later than the first weekday that occurs 21 days following the date the act becomes law. Defines in-person instruction to require meal service and transportation services. Details criteria for the provision of in-person instruction, including compliance with the most current guidance in the Strong Schools NC Public Health Toolkit for implementation of Plan A (Minimal Social Distancing) and Plan B (Moderate Social Distancing) as appropriate for reopening. Requires instruction under Plan A or Plan B to all elementary school students (grades K-5), including those with an individualized education program or a section 504 plan, with the governing board determining whether in-person instruction under Plan A, Plan B, or both Plans is appropriate. Requires the use of Plan B for all middle and high school students in 6-12, including those with an individuated education program or a section 504 plan. Authorizes the governing board to provide in-person instruction under Plan A, Plan B, or both Plans to grades 6-12 students if the Department of Health and Human Services issues guidance for those students to return to school under Plan A. Requires inclusion of a remote instruction option for a student's parent or guardian to elect for the remainder of the 2020-21 school year to be available for all students.
Requires provision of in-person instruction and related services to students with an individualized education program in accordance with the student's program or 504 plan. Encourages local boards to prioritize daily in-person instruction to certain at-risk students, including students with disabilities in self-contained classrooms, as defined, students with excessive absenteeism, and students who are identified as at risk for academic failure.
Grants governing boards of education flexibility in school assignments to comply with Plan requirements and ensure efficiency in use of resources, and day-to-day shifts from in-person instruction to remote instruction due to COVID-19 exposures resulting in insufficient school personnel or required student quarantines. Requires a local board to report any shift by a school or classroom to remote instruction to the Department of Public Instruction (DPI) within 72 hours of the shift.
Encourages governing boards to coordinate with local health departments and vaccine providers to facilitate scheduling COVID-19 vaccination events for frontline K-12 school-based employees.
Directs the Department of Public Instruction to coordinate with DHHS to examine the impacts of reopening schools in the various Plans and report to the specified NCGA committee by June 15, 2021.
| Intro. by Davis, Blue. | STUDY, UNCODIFIED |
Includes whereas clauses. Enacts new GS 103-16 designating September as Childhood Cancer Awareness Month in North Carolina.
| Intro. by Ford. | GS 103 |
Amends GS 116-209.62 to require the NC Teaching Fellows Commission (Commission) to select at least one minority-serving institution, as federally defined, with an approved educator preparation program to participate in the program. Requires the Commission to select one of the described institutions to participate in the program by December 1, 2021.
| Intro. by Davis, deViere. | GS 116 |
Amends GS 116-209.45, regarding the State Education Assistance Authority (Authority)'s required annual reporting on the Forgivable Education Loans for Service Program (Program). Specifies content of the reports, now requiring the reports to include the total number of loan recipients by year who have either met employment service requirements for loan forgiveness, or elect cash loan repayment, as described. Mandates that individual records used to generate the report be retained for five years.
Directs the Authority to include initial information on loan recipients of the Program, including the recipient's field of work, in its annual report by December 1, 2022.
Directs the Authority to develop and maintain a record-keeping system to track the repayment methods used by recipients of State-funded educational loans eligible for forgiveness based on meeting employment service requirements, including the Teaching Fellows Program and the Forgivable Education Loans for Service Program. Specifies that the system is to facilitate meeting program reporting requirements and determining whether the programs are meeting employment needs. Requires the Authority to report on its progress to the specified NCGA committee by January 1, 2022.
Amends GS 116-209.14 to require the Authority to biennially develop and maintain a strategic plan that sets performance goals and performance measures concerning the administration of State-funded financial assistance for postsecondary programs. Requires the Authority to make the most recent strategic plan available on its website each year. Modifies the current annual reporting requirement of the Authority to now require the Authority to annually publish a report on the implementation of its strategic plan and its activities to the Governor and the NCGA. Details required content of the annual report, including (1) the strategic plan adopted, (2) a complete operating and financial statement of the Authority during the year, and (3) data metrics on the administration of State-funded financial assistance programs and recipients of financial assistance, with the specified institutional and demographic data. Effective July 1, 2021. Directs the Authority to report to the specified NCGA committee on its progress in meeting these new and modified requirements by January 1, 2022.
Appropriates $700,000 in recurring funds from the General Fund to the UNC Board of Governors for 2021-22 to be allocated to the Authority each fiscal year to cover administrative costs associated with the UNC Need-Based Financial Aid Program.
Directs the Office of State Management and Budget (OSBM) to develop recommendations on increasing transparency in administrative cost reporting for the Need-Based Scholarships for Students Attending Private Institutions of Higher Education Program, including a method for reporting program funding in its financial statements. Directs OSBM to report to the specified NCGA committees by June 30, 2021.
The Daily Bulletin: 2021-02-10
The Daily Bulletin: 2021-02-10
Blank bill.
| Intro. by Marcus. | Mecklenburg |
Blank bill.
| Intro. by Salvador. | Mecklenburg |
Blank bill.
| Intro. by Mohammed. | Mecklenburg |
Actions on Bills: 2021-02-10
H 64: GOVERNMENT TRANSPARENCY ACT OF 2021. (NEW)
H 66: EXPAND ELIGIBILITY FOR UTILITY ACCOUNT.
H 67: GSC TECHNICAL CORRECTIONS 2021.
H 68: GSC LICENSING BOARDS AND COMM'NS/RULE CRIMES.
H 69: EDUCATION ON THE HOLOCAUST AND GENOCIDE.
H 70: HISTORIC SCHOOL PRESERVATION ACT.
S 36: 2020 COVID RELIEF BILL MODIFICATIONS.
S 37: IN-PERSON LEARNING CHOICE FOR FAMILIES.
S 38: SPORTS WAGERING AMENDMENTS. (NEW)
S 54: CONFIRM GOVERNOR'S APPTS/MINING COMMISSION.
S 55: CONFIRM REID WILSON/SEC. N & CR.
S 73: ELIM. SUNSET OF STREAMLINED PROP. CLAIMS.
S 78: A SAFE RETURN FOR IN-PERSON LEARNING.
S 80: SEPTEMBER AS CHILDHOOD CANCER AWARENESS MONTH.
S 81: TEACHER DIVERSITY/PED STUDY.
S 82: STUDENT FINANCIAL ASSISTANCE/PED STUDY.
Actions on Bills: 2021-02-10
S 74: TOWN OF CHAPEL HILL CHARTER/INVESTMENTS.
S 75: 40TH SENATORIAL DISTRICT LOCAL ACT-1.
S 76: 46TH SENATORIAL DISTRICT LOCAL ACT-1.
S 77: 41ST SENATORIAL DISTRICT LOCAL ACT-1.
S 79: 39TH SENATORIAL DISTRICT LOCAL ACT-1.
S 83: 38TH SENATORIAL DISTRICT LOCAL ACT-1.
© 2024 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.