Senate amendment amends the 4th edition as follows.
Adds to the proposed changes to Section 1 of SL 2020-94 regarding the deferral of permit fees for certain ABC permittees affected by Executive Order No. 141. Requires ABC permittees who delay payment pursuant to Section 1 to be current in the filing and payment of applicable taxes and submit the required recycling plan with renewal and registration applications, pursuant to specified state laws, before the expiration of the 90-day deferral period.
The Daily Bulletin: 2021-02-16
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The Daily Bulletin: 2021-02-16
Intro. by Moffitt, Boles, Bell, Paré. | UNCODIFIED |
Amends GS 14-208.18 to expand premises restrictions for certain persons required to register under Article 27A, Sex Offender and Public Protection Registration Programs. Adds that persons required to register under the Article who have committed any sexual exploitation of a minor offense in violation of GS 14-190.16, GS 14-190.17, or GS 14-190.17A (first, second, and third degree offenses, respectively), or substantially similar federal offenses or substantially similar offense in another state, are prohibited from knowingly being at the following locations: (1) on the premises of any place intended primarily for the use, care, or supervision of minors such as schools, nurseries and playgrounds; (2) any place where minors frequently congregate such as libraries, amusement parks and swimming pools, when minors are present; and (3) on the State Fairgrounds during the period that the State Fair is conducted annually, the Western NC Agricultural Center grounds during the period the NC Mountain State Fair is conducted, and on any other fairgrounds during the period an agricultural fair is being conducted. Applies to offenses committed on or after December 1, 2021.
Intro. by Warren, McNeill, Riddell, Stevens. | GS 14 |
Section 1
Amends GS 120-4.27, concerning the death benefit for members of the Legislative Retirement System (LRS). Makes organizational, technical, and clarifying changes to the statute. Additionally, increases the death benefit payment to a designated beneficiary of a member who dies while in service after completing one year of creditable service from a lump-sum payment of an amount equal to the deceased member's highest annual salary, up to $15,000, to instead provide for a lump-sum payment of $50,000. Makes language gender neutral.
Effective retroactively to January 1, 2020, and applies to eligible deaths occurring on or after that date.
Section 2
Directs the State Treasurer to transfer from the LRS to the Teachers' and State Employees' Benefit Trust (Benefit Trust) an amount equal to 0.34% of the reported compensation for the LRS for the period beginning January 1, 2020, and ending June 30, 2021.
Section 3
Appropriates $21,358 in recurring funds and $10,679 in nonrecurring funds from the General Fund to the NCGA for 2020-21 for the LRS death benefit under GS 120-4.27, as amended. Requires the NCGA to make a $32,037 contribution to the Benefit Trust by June 30, 2021, of the funds appropriated, for the LRS death benefit.
States legislative intent to make adjustments to the required employer salary-related contributions for 2021-22 to reflect the act's provisions.
Includes whereas clauses. Appropriates $3 million from the General Fund to The Maritime Heritage Foundation of Beaufort, North Carolina, Inc. for 2021-22 to begin the advance planning phase focusing on the future construction of a new NC Maritime Museum in Beaufort at Gallants Channel. Restricts use of funds to completing a Master Site Plan, hiring an architect and project manager, and taking actions to maintain, protect and secure boundaries and public access to the site and the waterfront, as well as undertaking all utilities, site, and infrastructure improvements. Effective July 1, 2021.
Amends GS 86A-25 by increasing the amount of the following fees charged by the State Board of Barber Examiners: certificate of registration or renewal as a barber, certificate of registration or renewal as an apprentice barber, barbershop permit or renewal, late fee for the restoration of an expired barber, apprentice or barbershop certificate, examination to become a barber school instructor, student permit, barber school permit or renewal, late fee for restoration of an expired barber school certificate, barber school instructor certificate or renewal, late fees for restoration of an expired barber school instructor certificate, and inspection of a newly established barbershop. Also removes the provision stating that there is no fee for certificates or renewals for barbers 70 years and older. Applies to all fees charged and all applications submitted on or after October 1, 2021.
Intro. by Setzer. | GS 86A |
Identical to S 80, filed 2/10/21.
Includes whereas clauses. Enacts new GS 103-16 designating September as Childhood Cancer Awareness Month in North Carolina.
Intro. by Sasser, Moss, Willis, Penny. | GS 103 |
Identical to S 103, filed 2/16/21.
Adds new Article 43, Behavior Analyst Licensure, to GS Chapter 90. Prohibits a person from practicing as a licensed behavior analyst or an assistant behavior analyst without a state license issued pursuant to the Article, with specified exemptions. Defines behavior analysis as the design, implementation, and evaluation of systematic instructional and environmental modifications to produce significant personal or interpersonal improvements in human behavior. Effective January 1, 2022, makes violations of the Article a Class 2 misdemeanor. Establishes the NC Behavior Analysis Board (Board), with five members (three appointed by the Governor and one each upon recommendation of the Speaker of the House of Representatives and the President Pro Tem. of the Senate). Charges the Board with administration of the licensing program and requires the Board to make an annual report to the Governor. Sets out qualifications for licensure as a behavior analyst or assistant behavior analyst, fees that may be charged by the Board, and the Board’s disciplinary authority. Allows for reciprocity and for the the issuance of temporary licenses. Permits criminal record checks for licensees and persons seeking licenses. Makes conforming changes to GS 90-270.138. Requires the Board to adopt temporary rules to implement the act, which remain in effect until permanent rules are in effective. Enacts GS 8-53.14 governing the confidentiality of communications between a behavior analyst and their client or patient.
Enacts GS 90-12.8 to establish new requirements for practitioners prescribing Schedule II controlled substances identified in GS 90-90(1), which includes opium, opiates, and opioids. When writing a prescription for a patient for a Schedule II controlled substance identified in GS 90-90(1), requires co-prescribing an FDA approved drug for complete or partial reversal of opioid-induced respiratory depression, and documenting such in the patient's medical record, if: (1) the prescription dosage is for 50 or more morphine milligram equivalents of an opioid medication per day; (2) the Schedule II controlled substance is prescribed concurrently with a prescription for benzodiazepine; or (3) the patient presents with an increased risk for overdose as evidenced by but not limited to a history of overdose or substance use disorder. Requires providing the patient and one or more persons designated by the patient, or if the patient is a minor, to the minor's parent, guardian, or person standing in loco parentis, with education on overdose prevention and the use of the FDA-approved opioid antagonist, consistent with the existing standard of care. Permits referral to the appropriate licensing board for administrative sanctions practitioners who prescribe a Schedule II controlled substance identified in GS 90-90(1) and fail to co-prescribe an opioid antagonist prescription, or fail to provide the required education and use information. Specifies that the act does not create a private right of action against a practitioner who fails to follow these requirements, and also does not limit a practitioner's liability for negligent diagnosis or treatment. Effective October 1, 2021.
Intro. by Sasser, Humphrey, Moffitt, Adcock. | GS 90 |
Amends GS 130A-412.7 to specify that an anatomical gift donor who originally became a donor in another jurisdiction is required to authorize that a statement or symbol be imprinted on the donor's drivers license or identification card issued in this State in order for the gift to be valid based on an NC drivers license or identification card indication.
Amends GS 130A-412.7 to specify that a statement or symbol on an NC drivers license or identification card indicating that the donor has made an anatomical gift must remain on the license or card until the donor revokes consent by requesting removal of the statement or symbol as prescribed by the Division of Motor Vehicles.
Effective October 1, 2021.
Intro. by Sasser, Potts, Carney, K. Baker. | GS 130A |
Includes whereas clauses. Amends GS 90-85.3A to add that pharmacists may administer injectable drugs and to specify that immunizing pharmacists may administer injectable drugs (was, administer drugs). Applies to licensed pharmacists and immunizing pharmacists on or after October 1, 2021.
Requires the North Carolina Board of Pharmacy to adopt rules to implement this act by October 1, 2021. Allows for the adoption of temporary rules, which would remain in effect until permanent rules that replace the temporary rules become effective.
Intro. by Sasser, Setzer, White, Adcock. | GS 90 |
Appropriates $1.5 million in nonrecurring funds for 2021-22 from the General Fund to the North Carolina Housing Finance Agency, to be used as a grant to Kingdom Community Development Corporation for the completion of construction on 28 subdivision units, six single-family homes, and eight townhomes in Balsawood Village for families affected by Hurricanes Matthew, Florence, and Michael. Effective July 1, 2021.
Intro. by Lucas, Richardson. | APPROP |
Appropriates $50,000 in nonrecurring funds for 2021-22 from the General Fund to the Orange Street School Restoration and Historical Association, Inc., to support its Restoration and Upgrade Project for the historic Orange Street School building. Appropriates $100,000 in nonrecurring funds for 2021-22 from the General Fund to the Sandhills Family Heritage Association, to renovate and restore its historic Spring Lake Civic Center building. Effective July 1, 2021.
Intro. by Lucas, Richardson. | APPROP |
Titles the act, "The Highway Cleanup Act of 2021."
Amends GS 14-399, increasing the following civil fines relating to littering. For littering in violation of subsection (a) in an amount not exceeding 15 pounds and not for commercial purposes, increases the civil fine from no less than $250 and no more than $1,000, to no less than $500 and no more than $2,000 for the first violation, and from no less than $500 and no more than $2,000, to a fine of no less than $1,000 and no more than $4,000 for subsequent violations. For littering in an amount exceeding 15 pounds but not exceeding 500 pounds and not for commercial purposes, increases the fine from not less than $500 and not more than $2,000, to not less than $1,000 and not more than $4,000. For violations of of subsection (a) punishable as a felony that result in sustained damages, requires payment to the injured party in treble the amount of actual damages or $400 (was $200), whichever is greater.
For littering in an amount not exceeding 15 pounds in violation of subsection (a1), increases the fine from no more than $100 to no more than $200 for the first violation, and from no more than $200 to no more than $400 for subsequent violations. For littering in an amount exceeding 15 pounds but not exceeding 500 pounds, increases the fine from not more than $200 to not more than $400. For littering in an amount exceeding 500 pounds, increases the fine from not more than $300 to not more than $600.
Directs the Department of Transportation (DOT) to use of to $500,000 of appropriated funds from the Highway Fund in SL 2020-91 to establish the Cops Clean NC grant program (program) to award grants to sheriffs' offices in rural counties to provide officers overtime pay for litter cleanup efforts. Defines rural counties to mean counties with a population of less than 150,000. Caps grants at $10,000. Requires DOT to provide relevant educational materials. Requires distribution of educational materials to first time littering offenders.
Directs DOT to use $500,000 of appropriated funds from the Highway Fund in SL 2020-91 to raise awareness and participation in the five existing anti-litter programs identified.
The Daily Bulletin: 2021-02-16
Conference report amends the 4th edition as follows.
Eliminates the proposed requirements regarding the provision of reasonable accommodations to classroom teachers upon implementation of the proposed mandate for in-person instruction to K-12 students for the remainder of the 2020-21 school year. Instead, requires local boards of education to create a process for teachers and staff to self-identify as high-risk from COVID-19, including self-identification due to being the direct caretaker of a minor with an underlying condition identified as high-risk from COVID-19, and to have a plan in place to address requests for alternative work reassignments, in accordance with the requirements of the StrongSchoolsNC Public Health Toolkit. Strongly encourages local boards to enable those self-identified as high-risk to minimize face-to-face contact and to allow six-feet social distancing, modify job responsibilities to minimize exposure risk, or allow them to telework if possible.
Intro. by Ballard, Lee, Hise. | UNCODIFIED |
Senate committee substitute amends the 1st edition as follows.
Replaces the proposed changes to GS 14-208.16 to more specifically prohibit a registered sex offender from knowingly residing (1) at any location which is within 1,000 feet of any property line of a property on which a school or child care center is located, and (2) within any structure, any portion of which is within 1,000 feet of any property line of a property on which a school or child care center is located (current law prohibits residing within 1,000 feet of a property on which any school or child care center is located).
Intro. by Sawyer, Perry, Johnson. | GS 14 |
Reenacts GS 20-84(b)(7) as it existed before its repeal by SL 2012-159. Authorizes the Division of Motor Vehicles (DMV) to issue permanent registration plates for a motor vehicle owned by an incorporated REACT (Radio Emergency Associated Communications) team that provides its services pursuant to a contract with a county or municipality (previously not limited by contract specifications).
Amends GS 20-125 to require every vehicle owned or operated by an incorporated REACT team that provides its services pursuant to a contract with a county or municipality to be equipped with special lights, bells, sirens, horns, or exhaust whistles approved by the Commissioner of Motor Vehicles.
Intro. by Daniel. | GS 20 |
Adds new Article 43, Behavior Analyst Licensure, to GS Chapter 90. Prohibits a person from practicing as a licensed behavior analyst or an assistant behavior analyst without a state license issued pursuant to the Article, with specified exemptions. Defines behavior analysis as the design, implementation, and evaluation of systematic instructional and environmental modifications to produce significant personal or interpersonal improvements in human behavior. Effective January 1, 2022, makes violations of the Article a Class 2 misdemeanor. Establishes the NC Behavior Analysis Board (Board), with five members (three appointed by the Governor and one each upon recommendation of the Speaker of the House of Representatives and the President Pro Tem. of the Senate). Charges the Board with administration of the licensing program and requires the Board to make an annual report to the Governor. Sets out qualifications for licensure as a behavior analyst or assistant behavior analyst, fees that may be charged by the Board, and the Board’s disciplinary authority. Allows for reciprocity and for the the issuance of temporary licenses. Permits criminal record checks for licensees and persons seeking licenses. Makes conforming changes to GS 90-270.138. Requires the Board to adopt temporary rules to implement the act, which remain in effect until permanent rules are in effective. Enacts GS 8-53.14 governing the confidentiality of communications between a behavior analyst and their client or patient.
Effective for taxable years beginning on or after January 1, 2020, repeals GS 105-130.5(1)(32) and GS 105-153.5(c2)(20), which require corporate and individual taxpayers to add to the taxpayer's adjusted gross income the amount of any expense deducted under the Internal Revenue Code to the extent that payment of the expense results in forgiveness of a covered loan pursuant to section 1106(b) of the federal CARES Act (governing the Payment Protection Program/PPP) and the income associated with the forgiveness is excluded from gross income pursuant to section 1106(i) of the CARES Act.
Intro. by Edwards, Perry, Craven. | GS 105 |
The Daily Bulletin: 2021-02-16
House committee substitute amends the 1st edition as follows. Modifies existing language of Section 1 of SL 2003-124 set forth in the bill to reflect the Section as it was also amended by SL 2013-172 (the previous edition set forth existing language as the Section existed in the amendments set out in SL 2011-171). Maintains the substantive change to include Spencer in the towns explicitly authorized to regulate the operation of utility vehicles on any public street or road within the town by ordinance. Moves the proposed addition to maintain alphabetical order.
Intro. by Warren. | Rowan |
Makes the following changes regarding real property conveyances, applicable to Cleveland and Lincoln Counties only.
Enacts GS 39-51 to deem material the fact that any portion of real property offered for conveyance, rent, or lease is included in a financially constrained transportation plan. Specifies that the fact that any portion of real property offered for conveyance, rent, or lease is included in a comprehensive transportation plan that is not financially constrained adopted under specified state or federal law regarding transportation planning, is not, standing alone, material. Prohibits any party or their agent to the conveyance, rental, or lease from knowingly making a false statement regarding the property's inclusion on any transportation plan.
Amends GS 47E-4 to deem the inclusion of real property in a comprehensive transportation plan that is not financially constrained adopted pursuant to specified state or federal law regarding transportation planning not a required disclosure in real estate contracts. Prohibits parties or their agents in real estate contracts governed by GS Chapter 47E from knowingly making a false statement regarding a property's inclusion in any transportation plan.
Applies to real estate contracts entered into on or after the date the act becomes law.
Includes whereas clauses. Makes the following mandates and authorizations, applicable to the Asheboro City Schools, Carteret County Schools, Haywood County Schools, Randolph County Schools, and Yancey County Schools only.
Requires local school administrative units to have the option to provide in-person instruction to K-12 students for the remainder of the scheduled 2020-21 school year, notwithstanding state law or any executive orders, secretarial orders, or directives, or local ordinances. Defines in-person instruction to require lunch and transportation services.
Requires local boards to provide in-person instruction to all students under Plan A (Minimal Social Distancing). Mandates school compliance with requirements for Plan A implementation provided in the StrongSchoolsNC Public Health Toolkit (K-12), as the guidance existed on February 2, 2021. Encourages requiring at least 3.5 feet of social distancing when possible for all students. Mandates offering remote instruction for participation at the discretion of students' parents.
Grants local boards flexibility in making day-to-day decisions regarding shifting individual schools or classrooms from in-person instruction to remote instruction as necessary due to COVID-19 exposures that result in insufficient school personnel or required student quarantines. Requires consultation with the local health director and local school superintendent, and reporting of any such shift to the Department of Public Instruction within 72 hours.
Includes whereas clauses. Under current law, GS 115C-84.2(d) provides authority to local boards of education to determine the opening and closing dates for public schools under GS 115C-84.2(a)(1). However, the local boards must comply with specified parameters for the opening and closing dates of public schools as provided. Subsection (d) also provides criteria under which the State Board of Education may waive those requirements upon a showing of good cause by a local board of education.
Amends GS 115C-84.2(d) as the title indicates. Allows Davie County Schools to open as early as the Monday closest to August 10 (currently, no earlier than the Monday closest to August 26), excluding year-round schools. Deletes the provisions of subsection (d) concerning waiver of the requirements upon a showing of good cause. Adds new language to GS 115C-174.12 permitting assessments to be given before the conclusion of the fall semester for local boards that have implemented a school calendar that concludes the fall semester prior to December 31.
Applies beginning with the 2021-22 school year.
Intro. by Howard. | Davie |
Identical to S 9, filed 1/27/21.
Creates a new tax district in Graham County consisting of the part of the County located outside of incorporated areas within the County, to be called Graham County District G. The District is a body politic and corporate. Provides for the governance of that district by the Graham County Board of Commissioners.
Authorizes the Graham County District G governing body to levy a room occupancy tax of up to 3%. Provides that the tax must be levied, administered, collected, and repealed as provided in GS 153A-155 (uniform provisions for room occupancy taxes). Requires the Graham County Tourism Development Authority (TDA) to use at least two-thirds of the occupancy tax proceeds to promote travel and tourism in the District and the remainder for tourism related expenditures in the District. Makes conforming changes to GS 153A-155.
Intro. by Gillespie. | Graham |
Amends specified sections of the Charter of the Town of Rowland, SL 1998-105, as amended. Applicable to vacancies existing on or after the date the act becomes law, requires the Town Board of Commissioners (Board) to appoint a person to fill a vacancy in the office of mayor or commissioner after qualification or because of a refusal to qualify, rather than filling the vacancy by special election as the Charter currently requires. Makes conforming changes. Makes technical changes to refer to the Board, rather than the Town Board.
Intro. by B. Jones. | UNCODIFIED, Robeson |
The Daily Bulletin: 2021-02-16
Actions on Bills: 2021-02-16
H 4: EXTEND ABC PERMIT RENEWAL FEE DEFERRAL.
H 58: HONOR DOUGLAS YONGUE, FORMER MEMBER.
H 64: GOVERNMENT TRANSPARENCY ACT OF 2021. (NEW)
H 76: MODERNIZE DEBT SETTLEMENT PROHIBITION.
H 78: VARIOUS EDUCATION CHANGES. (NEW)
H 79: CLARIFY HS INSURANCE. (NEW)
H 80: DISAPPROVE VARIOUS SOLID WASTE RULE CHANGES.
H 81: IN-STATE TUITION PILOT PROGRAM.
H 82: SUMMER LEARNING CHOICE FOR NC FAMILIES.
H 83: REV. LAWS TECH., CLARIFYING, & ADMIN. CHANGES. (NEW)
H 84: SEX OFFENDER PREMISES RESTRICTIONS.
H 86: INCREASE IN-SERVICE DEATH BENEFITS/LRS.
H 87: FUNDS/NEW NORTH CAROLINA MARITIME MUSEUM.
H 88: MODIFY BD. OF BARBER EXAMINERS FEES.
H 89: SEPTEMBER AS CHILDHOOD CANCER AWARENESS MONTH.
H 91: ACCOUNTABILITY AND FAIR PLAY IN ATHLETICS. (NEW)
H 93: REQ. OPIOID ANTAGONIST ED. W/OPIOID SCRIPTS. (NEW)
H 95: WHOLESALE RX DISTRIBUTION LICENSEE CHANGE. (NEW)
H 96: ALLOW PHARMACISTS TO ADMIN. INJECTABLE DRUGS.
H 98: HURRICANE HOUSING RECOVERY GRANT.
H 99: FUNDS/ORANGE ST SCHOOL/SPRING LAKE CIVIC CTR.
H 100: HIGHWAY CLEANUP ACT OF 2021.
S 37: IN-PERSON LEARNING CHOICE FOR FAMILIES.
S 38: SPORTS WAGERING AMENDMENTS. (NEW)
S 52: SEX OFFENDER RESIDENCE RESTRICTION/CLARIFY.
S 54: CONFIRM GOVERNOR'S APPTS/MINING COMMISSION.
S 93: ASSISTING NC FAMILIES IN CRISIS.
S 94: TRAMPOLINE PARK REGULATION/STUDY/FUNDS.
S 95: MILITARY SURVIVING SPOUSE SPEC. PLATE RENEWAL.
S 96: LOCAL LEO WEAPON PURCHASE.
S 98: DISAPPROVE VARIOUS SOLID WASTE RULE CHANGES.
S 99: CLARIFY LAW ON THEFT OF CATALYTIC CONVERTERS.
S 100: POLICE FUNDING PROTECTION ACT.
S 101: REQUIRE COOPERATION WITH ICE 2.0.
S 102: REACT/PLATES/SIREN.
S 103: REDUCE REG. TO HELP CHILDREN WITH AUTISM.
S 104: ALIGN PPP TAX TREATMENT TO FEDERAL TREATMENT.
Actions on Bills: 2021-02-16
H 19: REMOVE VARIOUS SATELLITE ANNEXATION CAPS. (NEW)
H 23: UTV REGULATION/CERTAIN TOWNS. (NEW)
H 38: BD. OF TRUSTEES/ISOTHERMAL CC.
H 50: CALYPSO ANNEXATION.
H 77: SCHOOL CALENDAR FLEXIBILITY/MOORE COUNTY.
H 85: CLEVELAND CTY BD OF ED VACANCIES. (NEW)
H 90: IN-PERSON LEARNING.
H 92: SCHOOL CALENDAR FLEXIBILITY/CERTAIN LEAS. (NEW)
H 94: GRAHAM COUNTY OCCUPANCY TAX.
H 97: ROWLAND CHARTER AMEND/VACANCIES.
S 97: PITT COUNTY/CONTRACTED AMBULANCE SERVICES.
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