The Daily Bulletin: 2021-02-23

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The Daily Bulletin: 2021-02-23

PUBLIC/HOUSE BILLS
H 7 (2021-2022) PROTECT CITY EMPLOYEES FROM RETALIATION. Filed Jan 27 2021, AN ACT PROVIDING THAT CITIES SHALL ADOPT RULES AND REGULATIONS ENCOURAGING THEIR EMPLOYEES TO REPORT IMPROPER OR UNLAWFUL ACTIVITY AND REQUIRING CITIES TO PROTECT EMPLOYEES WHO REPORT SUCH ACTIVITY FROM RETALIATION OR OTHER DISCRIMINATORY ACTION.

House committee substitute amends the 1st edition as follows.

Modifies the proposed additions to GS 160A-164 to to require city councils to adopt an ordinance to establish a procedure for and to encourage city employees to report to their appropriate authority evidence of the previously specified conduct (previously, required city councils who do not have a binding personnel policy, code of conduct, or other procedure protecting employees from retaliation to adopt rules and regulations or ordinances the encourage city employees to report to their appropriate authority any evidence of the specified conduct). Adds misappropriation of federal resources to the specified reportable conduct. Requires the ordinances to prohibit retaliation by the city council or any city employee (previously, required the previously described city councils to prohibit retaliation by binding policy). Adds a new provision to specify that the statute does not bar disciplinary action against an employee who makes a report the employee knows or has reason to know is inaccurate. Changes the notice requirements to now require city councils to post and keep posted a notice explaining the new provisions of the statute, as enacted, in a conspicuous place where city employees are employed and placed in a manner to permit city employees to readily observe the notice (previously directed city councils to publish notice for purposes of informing their employees of their rights and responsibilities under the statute). Additionally, changes the authority granted in existing law to now authorize city councils to adopt or provide for policies, rather than rules and regulations, or ordinances concerning personnel policies.

Changes the act's effective date to October 1, 2021 (was effective on the date the act becomes law).

Changes the act's long title.

Intro. by Hanig, Bradford, Hardister.GS 160A
H 78 (2021-2022) VARIOUS EDUCATION CHANGES. (NEW) Filed Feb 11 2021, AN ACT TO AUTHORIZE ADDITIONAL NATIONALLY STANDARDIZED TESTS TO SATISFY NINTH GRADE PRIVATE SCHOOL TESTING REQUIREMENTS AND TO MAKE CHANGES FOR IN-STATE TUITION FOR VETERANS TO COMPLY WITH FEDERAL LAW.

House committee substitute amends the 1st edition as follows.

Modifies the proposed changes to GS 115C-12, which adds annual computer science reporting to the duties of the State Board of Education (SBE). Now specifies that the SBE is to annually report to the Joint Legislative Education Oversight Committee. Changes the report due date to November 15 (was, September 15). Amends the required data for each item of the report to include (1) statewide data for the current school year, and the four years prior when data is available, to establish trends in computer science instruction, and (2) data for the current school year for each public school unit, disaggregated by school (previously required for each item statewide data for the most recent year available, and the four years of data prior, when available, and data for each local school administrative unit and charter school, when available). Requires the report to indicate when statewide courses and elective computer science or computational thinking courses are offered on a semester basis by public school units.

Enacts GS 115C-47(65), GS 115C-75.9(o), GS 115C-218.75(i), GS 115C-238.66(17), GS 116-239.8(b)(19), and Section 6(d)(1a) of SL 2018-32, to require local boards of education, innovative schools, charter schools, regional schools, laboratory schools, and renewal school systems to annual report to SBE by September 15 the information required of the new computer science reporting requirement under GS 115C-12.

Changes the act's long title.

Intro. by Blackwell, Clemmons, Elmore, Hurley.GS 115C, GS 116
H 79 (2021-2022) CLARIFY HS INSURANCE. (NEW) Filed Feb 11 2021, AN ACT TO MAKE CLARIFYING CHANGES TO REQUIREMENTS FOR CATASTROPHIC INSURANCE FOR HIGH SCHOOL ATHLETES.

House committee substitute amends the 1st edition as follows.

Amends proposed GS 115C-102.9, which requires the State Board of Education (SBE) to establish and maintain an electronic dashboard to publicly display information related to digital learning. Replaces the required data to be included, now requiring the following, broken into three categories, disaggregated by public school unit, school and grade level: (1) in-school digital device access, including the number and percentage of students with digital device access in school, with the sources and types of the device; (2) out-of-school digital device access, including the number and percentage of students with access to digital devices outside of school, with the sources and types of devices, and reasons for homes with no devices; and (3) out-of-school internet connectivity, including the number and percentage of students with internet connectivity outside of the school by home connectivity and other reliable access outside school, with type of connectivity and reasons for homes with no connectivity. Adds a new requirement for residential schools to report on out-of-school access and connectivity separately for the dormitories and the student's home. Changes the effective date and application of the provisions in Section 1 of the act to apply beginning with the report due November 15, 2021, based on data for the 2021-22 school year (previously applicable beginning with the 2021-22 school year). 

Clarifies that in the statewide data assessment by the Department of Public Instruction (DPI) and the Department of Information Technology (DIT) of out-of-school internet and device access for students obtained during the physical school closure and at-home learning due to COVID-19 during the 2019-20 and 2020-21 school year, the Departments are to review the methods students and schools used to address the lack of access during the specified school years. 

Makes a correction in GS 116-239.8(b) to refer to laboratory schools.

Changes the act's long title.

Intro. by Blackwell, Clemmons, Elmore, Hurley.STUDY, GS 115C, GS 116
H 82 (2021-2022) SUMMER LEARNING CHOICE FOR NC FAMILIES. Filed Feb 15 2021, AN ACT TO ESTABLISH SCHOOL EXTENSION LEARNING RECOVERY AND ENRICHMENT PROGRAMS IN EACH LOCAL SCHOOL ADMINISTRATIVE UNIT TO MITIGATE THE IMPACTS OF COVID-19 ON AT-RISK STUDENTS.

House committee substitute amends the 1st edition as follows.

Part I

Modifies the mandate for local school administrative units to offer a school extension learning recovery and enrichment program (program) outside of the instructional calendar, following the 2020-21 school year. Requires the program to be separate and apart from the 2020-21 school year and not an extension of the 2020-21 school year. Amends the requirements for program plans submitted to the Department of Public Instruction (DPI) by local school administrative units. Instead of requiring a six-week program, now requires instruction for at least 150 hours or 30 days. Makes conforming changes. Prohibits instruction on Saturdays. Requires meal service rather than lunch service on each instructional day. More specifically requires transportation services to the school facility housing the program to be provided in accordance with the Plan A requirements for transportation established in the StrongSchoolsNC Public Health Toolkit issued on February 2, 2021. Adds new requirements for (1) time to be built into the instructional day for teachers to provide individual or small group instruction to at-risk students, and (2) in-person social-emotional learning supports for all students in the program.

Regarding employment during the program, adds that the six-month separation from service required for effectiveness under GS 135-1(20) does not apply and instead a one-month separation applies for retirees of the Teachers' and State Employees' Retirement System (TSERS) who retired on or after December 1, 2020, but on or before March 1, 2021, so long as the individual returns as a teacher or other school personnel as a temporary employee on a contract basis for a program pursuant to the act. Makes the provisions regarding school personnel employment within the program expire August 1, 2021. Details the effect of the expiration of the provisions regarding the six-month separation requirement for TSERS members.

Authorizes units to use funds allocated for reading camps for 2020-21 rather than 2021-22 to support the program. Changes the effective date of this provision from July 1, 2021, to the date the act becomes law.

States legislative findings concerning allocations to public school units from the federal Elementary and Secondary School Emergency Relief II (ESSER II) Fund appropriated in SL 2021-1, and legislative intent to direct the State Board of Education (SBE) to reserve a portion of the remaining funds made available in the ESSER II Fund to meet the emergency needs of the elementary and secondary schools of the State, to be held in reserve by DPI for allocation to local units and charter schools to supper their programs. Directs allocation be prioritized to those units or schools based on need demonstrated by the expenditure of existing federal funding received for COVID-19 related impacts. 

Authorizes local units to allow students who were not enrolled in that unit for the 2020-21 school year to register to participate in the program on a first-come, first-serve basis if space is available after all enrolled students have had the opportunity to register to participate. 

Modifies the reporting requirements. Adds new requirements for local units to report specified data to DPI by September 1, 2021. Now requires DPI to report to the specified NCGA committee by January 15, 2022, rather than October 15, 2021, and include all information submitted by local units and explanations by DPI of program outcomes along with the previously required content.

Part II

Modifies proposed GS 115C-174.23. Adds a new requirement for SBE to determine which grade and core subject areas must have innovative benchmark assessments in order to allow teachers to more frequently measure student learning and address student learning loss throughout the school year. Now requires the State Board of Education to develop innovative benchmark assessments for use by local units (previously required to provide for and require units to implement innovative benchmark assessments). Adds that local units can either use the SBE benchmarks or develop and use their own. 

Intro. by Moore, Elmore, Torbett, Zenger.UNCODIFIED, GS 115C
H 82 (2021-2022) SUMMER LEARNING CHOICE FOR NC FAMILIES. Filed Feb 15 2021, AN ACT TO ESTABLISH SCHOOL EXTENSION LEARNING RECOVERY AND ENRICHMENT PROGRAMS IN EACH LOCAL SCHOOL ADMINISTRATIVE UNIT TO MITIGATE THE IMPACTS OF COVID-19 ON AT-RISK STUDENTS.

House committee substitute #2 amends the 2nd edition as follows.

Part I

Regarding employment for the period of a school extension learning recovery and enrichment program, for retirees of the Teachers' and State Employees' Retirement System (TSERS) who retired on or after December 1, 2020, but on or before March 1, 2021, who return as a teacher or other school personnel as a temporary employee on a contract basis for a program, requires local units to certify to TSERS that a beneficiary is employed by the local board of education. 

Intro. by Moore, Elmore, Torbett, Zenger.UNCODIFIED, GS 115C
H 91 (2021-2022) ACCOUNTABILITY AND FAIR PLAY IN ATHLETICS. (NEW) Filed Feb 16 2021, AN ACT TO RESTRUCTURE OVERSIGHT OF PUBLIC HIGH SCHOOL INTERSCHOLASTIC ATHLETICS TO ENSURE ACCOUNTABILITY AND FAIR PLAY.

House committee substitute makes the following changes to the 1st edition.

Makes organizational and clarifying changes to GS 90‑726.2.  Makes a clarifying change in GS 90‑726.3. Makes a technical change to GS 90‑726.12. Amends GS 90‑726.16 to correct a statutory cross reference to GS 90-726.15 (was, GS 90-726.17)

 

Intro. by Bell, Lambeth, K. Baker, Saine.GS 8, GS 90
H 126 (2021-2022) COMMUNITY COLLEGE SYSTEM SALARY INCREASES. Filed Feb 23 2021, AN ACT TO APPROPRIATE FUNDS FOR LEGISLATIVELY MANDATED SALARY INCREASES FOR COMMUNITY COLLEGE PERSONNEL.

Identical to S 121, filed 2/22/21.

Appropriates $84,003,682 in recurring funds for 2021-22 from the General Fund to the Community Colleges System Office for legislatively mandated salary increases of 7% for local community college personnel, effective July 1, 2021. Specifies that the salary increases provided in this act do not apply to persons separated from service due to resignation, dismissal, reduction in force, death, or retirement or whose last workday is prior to June 30, 2021. Makes payroll checks issued to employees after July 1, 2021, as payment for services provided before July 1, 2021, ineligible for the salary increase. Effective July 1, 2021.

Intro. by Hurley, Sauls.APPROP, UNCODIFIED
H 127 (2021-2022) WF BAPTIST HEALTH REGIONAL AUTOPSY CTR FUNDS. Filed Feb 23 2021, AN ACT TO APPROPRIATE FUNDS FOR A NEW WAKE FOREST BAPTIST HEALTH REGIONAL AUTOPSY CENTER IN WINSTON-SALEM.

Includes whereas clauses. Appropriates $3,628,119 for 2021-22 and $17,972,362 for 2022-23 from the General Fund to the Wake Forest University Baptist Medical Center, for the construction of the new Wake Forest Baptist Health Regional Autopsy Center in Winston-Salem. Effective July 1, 2021.

Intro. by Lambeth, Zenger, A. Baker, Zachary.APPROP, Forsyth
H 128 (2021-2022) AN ACT TO REEMPLOY NC'S WORKFORCE. (NEW) Filed Feb 23 2021, AN ACT TO REEMPLOY NORTH CAROLINA'S WORKFORCE BY PROVIDING BONUSES FOR ACCEPTING REEMPLOYMENT AND REQUIRING INDIVIDUALS TO RESPOND TO EMPLOYER REQUESTS AND TO MAKE ADMINISTRATIVE CHANGES TO THE UNEMPLOYMENT INSURANCE LAWS.

Establishes the following requirements for indoor and outdoor sporting events at qualifying schools, defined to include public and nonpublic schools, community colleges, and UNC constituent institutions, notwithstanding emergency executive or secretarial orders or directives. Sets a permitted occupancy range for sporting facilities with a certificate of occupancy in accordance with the State Building Code, limiting spectators to no less than 25% and no more than 50% capacity. Defines spectator to exclude athletes and their families, as defined, school employees, entertainers, and support staff. Requires qualifying schools to comply with the following in allowing access to sporting facilities, so long as the applicable requirements do not conflict with the act: (1) the StrongSchoolsNC Public Health Toolkit (K-12), as it existed February 2, 2021; (2) Interim Guidance for Administrators and Participants of Youth and Amateur Sports Programs, as it existed on January 28, 2021; and (3) Interim Guidance for Institutions of Higher Education, as it existed December 23, 2020. Expires at the earlier of December 31, 2021, or the date the Governor issues an executive order rescinding Executive Order No. 116 (2020), or lifts restrictions on indoor and outdoor gatherings related to the COVID-19 pandemic. 

Intro. by K. Hall, Elmore, D. Hall, Willis.UNCODIFIED
H 130 (2021-2022) EAST COAST GREENWAY/STATE TRAILS. Filed Feb 23 2021, AN ACT TO AUTHORIZE THE ADDITION OF THE EAST COAST GREENWAY IN CENTRAL AND EASTERN NORTH CAROLINA TO THE STATE PARKS SYSTEM.

Sets out NCGA findings related to a multiuse trail across Central and Eastern North Carolina. Authorizes the Department of Natural and Cultural Resources (Department) to add the portion of the East Coast Greenway traversing North Carolina to the State Parks System and names it the "East Coast Greenway State Trail." Requires the Department to support, promote, encourage, and facilitate the establishment of trail segments on State park lands and on lands of other federal, State, local, and private landowners. Sets out what laws govern on segments that cross property controlled by agencies or owners other than the Division of Parks and Recreation. Excludes this authorization from the requirement that additions be accompanied by adequate appropriations for land acquisition, development, and operations. Allows, however, the State to receive donations of appropriate land and allows purchasing needed lands with existing funds in the Land and Water Fund, the Parks and Recreation Trust Fund, the federal Land and Water Conservation Fund, and other available sources of funding.

Intro. by White, McElraft, Strickland.UNCODIFIED
H 131 (2021-2022) STEVENS CENTER FUNDS/UNC SCHOOL OF THE ARTS. Filed Feb 23 2021, AN ACT TO APPROPRIATE FUNDS FOR THE REPAIRS AND RENOVATION OF THE STEVENS CENTER OWNED AND OPERATED BY THE UNIVERSITY OF NORTH CAROLINA SCHOOL OF THE ARTS.

Appropriates $42.2 million for 2021-22 from the General Fund to the UNC Board of Governors to be allocated to the UNC School of the Arts for the planning, repair, and renovations of the Stevens Center. Specifies the types of upgrades to be made with the funds. Sets out the goals of the renovation. Specifies that the funds do not revert at the end of the 2021-22 fiscal year but remain available until June 30, 2025, for the purposes set forth in this act. Effective July 1, 2021.

Intro. by Lambeth, A. Baker, Zenger, Zachary.APPROP
H 132 (2021-2022) JUVENILE CODE REV'S/CIP RECOMMENDATIONS.-AB Filed Feb 23 2021, AN ACT TO MAKE REVISIONS TO THE JUVENILE CODE PURSUANT TO RECOMMENDATIONS BY THE COURT IMPROVEMENT PROGRAM.

Amends GS 7B-101 to include relative in the defined terms used in Subchapter I (Abuse, Neglect, Dependency). Defines the term to mean an individual directly related to the juvenile by blood, marriage, or adoption, including a grandparent, sibling, aunt, or uncle. Makes conforming organizational changes. Makes conforming changes to the statutory reference in GS 7B-1001(a)(5).

More specifically authorizes a juvenile or the juvenile's guardian ad litem to review and request all or part of the information received by the department of social services (DSS) unless prohibited by federal law, as currently generally permitted to examine under GS 7B-302(a1). Adds a new requirement for DSS to provide electronic or written copies of the requested information within a reasonable period of time. 

Enacts new subsections to GS 7B-505 and GS 7B-903.1, which govern juvenile abuse, neglect and dependency custody, hearings and disposition, to require DSS directors to make reasonable efforts to place juvenile siblings who are removed and placed in the nonsecure custody of DSS in the same home, unless doing so would be contrary to the safety or well-being of any of the juvenile siblings. Otherwise, requires the DSS director to make reasonable efforts to provide frequent sibling visitation and ongoing interaction between the juveniles siblings, unless the director documents that frequent visitation or other ongoing interaction between the siblings would be contrary to the safety or well-being of any of the siblings. 

Adds a new requirement to GS 7B-602 to mandate that a copy of the petition alleging juvenile abuse, neglect, or dependency, along with the summons or notice, be provided to each named parent's attorney appointed as provisional counsel by the clerk.

Amends GS 7B-901 to require concurrent permanent plans to be ordered by the court as soon as possible when the court determines that reunification efforts are not required (current law required a permanent plan to be ordered).

Amends GS 7B-904, concerning the court's authority over the parent, guardian, custodian, stepparent, adult member of the juvenile's household, or adult relative entrusted with the juvenile's care regarding treatment of the adjudicated juvenile or treatment of the individual entrusted with the juvenile's care. Modifies the statute's language throughout to refer to an "adult" entrusted with the juvenile's care, rather than an "adult relative." Adds a new subsection which specifies that an individual who has been ordered to comply with a plan of treatment for substance use disorder is not in violation of the terms or conditions of that part of the court's order if he or she is compliant with medication-assisted treatment, as defined. 

Repeals GS 7B-905(b) which requires dispositional orders that remove custody from the parent, guardian or caretaker to direct that the GS 7B-906.1 review hearing be held within 90 days from of the date of the dispositional hearing and, if practicable, set the date and time for the review hearing.

Amends GS 7B-905.1, which requires an order that removes custody of a juvenile from a parent, guardian, or custodian or that continues the juvenile's placement outside the home to provide for visitation that is in the best interests of the juvenile consistent with the juvenile's health and safety, including no visitation. Modifies subsection (d), which requires all parties to be informed of the right to file a motion for review of any visitation plan entered pursuant to the statute if the court retains jurisdiction, to qualify the requirement upon the court also waiving permanency planning hearings. 

Amends GS 7B-906.1(n), which governs review hearings. Modifies the subsection to instead apply and refer to permanency planning hearings. Authorizes the court to waive the holding of required hearings, require written reports to the court by the agency or person holding custody in lieu of permanency planning hearings, or order that permanency planning hearings be held less often than every six months if the court finds evidence of five specified findings by clear and convincing evidence. Bars waiving a hearing if a party files a motion seeking the hearing. Amends subsection (o) to direct that permanency planning hearings under the statute are replaced by post termination of parental rights' placement review hearings when required by GS 7B-908 (currently, excludes post termination of parental rights' placement review hearings from the statute's provisions).

Amends GS 7B-906.2(b) to require elimination of reunification as a plan at any permanency planning hearing where a finding is made that reunification efforts would be unsuccessful or inconsistent with the juvenile's health or safety.

Amends GS 7B-908 to specify the purpose of post termination of parental rights' placement review is to ensure every reasonable effort is being made to provide for the permanent plan (rather than permanent placement plans) for the juvenile who has been placed in the custody of the DSS director or licensed child-placing agency consistent with the juvenile's best interest. Regarding when the court must hold placement review hearings in certain circumstances, more specifically requires placement review by the court within six months from the date of the termination hearing when both parents' parental rights have been terminated by a petition or motion brought by any person or agency, or one parent's right have been terminated and the other parent's rights relinquished, and a DSS director or licensed child-placing agency has custody of the juvenile. Adds that any individual who has executed a relinquishment that is no longer revocable is not a party to the proceeding. Requires the court to affirm the county department's or child placing agency's plan, or order a different plan designated in GS 7B-906.2(a), found to be in the best interests of the child. Authorizes the court to order concurrent permanent plans if in the best interest of the juvenile, and specify efforts that are necessary to accomplish the designated permanent plan in the best interest of the juvenile (current law requires the court to adopt concurrent permanent plans and identify the primary and secondary plan, and allows specifying efforts necessary to accomplish a permanent plan in the best interest of the juvenile).

Enacts GS 7B-910.1(e) to allow a young adult to terminate a voluntary agreement for placement in foster care without a return to court. Requires DSS to file a motion to bring the matter back before the court for resolution when DSS elects to terminate the agreement over the objection of the young adult. 

Amends GS 7B-912(b) to require the court to ask the juvenile whether the juvenile has the juvenile's identification records, educational and medical records, and information about how the juvenile can participate in the foster care 18-21 program, and determine the person or entity to assist the juvenile in obtaining the documents before the juvenile turns 18, at or before the permanency planning hearing immediately following the juvenile's seventeenth birthday and at each permanency planning hearing thereafter (previously required at or before the last scheduled permanency planning hearing, and did not require inquiring about participation in the 18-21 foster care program). Enacts GS 7B-912(b1) to identify six pieces of information DSS must include in its report to the court at every hearing after the juvenile's seventeenth birthday, including DSS's efforts to identify and secure viable placement options for when the juvenile turns 18, a list of appropriate adults who can serve as resources for the juvenile when the juvenile turns 18, and whether DSS has provided information about educational, vocational, or job plans for when the juvenile turns 18.

Amends GS 7B-1000 to no longer include the authority to vacate the court's dispositional order. Authorizes the court to conduct a modification hearing (previously a review hearing) upon motion in the cause or petition, to determine whether the order is in the best interests of the juvenile. Allows modification in light of the changes in the circumstances or needs of the juvenile, as well as address issues raised in the motion that do not require a review or permanency planning hearing under GS 7B-906.1. Adds new provisions to provide for reappointment of the guardian ad litem and attorney advocate if released, and provisional counsel for respondent parents if released. Bars hearing the motion for modification until the guardian ad litem and the attorney advocate have been reappointed. Details procedure for service and notice, and entering of the order. 

Adds a new requirement to GS 7B-1101.1 to mandate that a copy of the summons and petition for the termination of parental rights be provided to each named parent's attorney appointed as provisional counsel by the clerk.

Amends GS 7B-2901(b), concerning records maintained by the Director of the Department of Social Services of cases of juveniles under protective custody by the Department or under placement by the court, to more specifically authorize a juvenile or the juvenile's guardian ad litem to review the record and request all or part of the record unless prohibited by federal law (previously authorized to examine the records). Adds a new requirement for electronic or written copies of the requested information to be provided within a reasonable period of time. 

Repeals GS 7B-3807, which adopts and enacts the Interstate Compact on the Placement of Children.

Effective October 1, 2021. 

Intro. by Stevens.GS 7B
H 133 (2021-2022) CREATE NC GOLF COUNCIL. Filed Feb 23 2021, AN ACT TO CREATE THE NORTH CAROLINA GOLF COUNCIL TO PROMOTE AND CULTIVATE THE GAME OF GOLF IN THIS STATE.

Adds new Part 23, Promotion of Golf, in Article 10 of GS Chapter 143B. Enacts GS 143B-472.130 establishing the seven-member North Carolina Golf Council (Council) in the Department of Commerce to promote and cultivate golf in the state and to foster the economic development, tourism, recreation, and community involvement that the growth of the sport can bring. Members are to be appointed by the Governor and NCGA and must have a reasonable level of experience or knowledge related to golf; provides meeting requirements, for the selection of a chair, for the filling of vacancies, and staffing of the Council. 

Amends GS 120-123 to prohibit any legislator from serving on the Council.

Appropriates $25,000 in recurring funds for 2022-23 from the General Fund to the Department of Commerce for administrative costs related to the Council's activities.

Effective July 1, 2021.

Intro. by Hardister, Boles, Hanig, Hunter.APPROP, GS 120, GS 143B
H 134 (2021-2022) 2ND AMENDMENT PROTECTION ACT. Filed Feb 23 2021, AN ACT TO PROVIDE THAT A PERSON WHO HAS A CONCEALED CARRY HANDGUN PERMIT MAY CARRY A HANDGUN ON EDUCATIONAL PROPERTY THAT IS THE LOCATION OF BOTH A SCHOOL AND A PLACE OF RELIGIOUS WORSHIP AND TO ENACT THE 2ND AMENDMENT PROTECTION ACT OF 2021.

Part I

Amends GS 14-269.2, which prohibits weapons on campus or other educational property, with listed exceptions. Adds a new subsection providing that the statute does not apply to a person with valid concealed handgun permit, or a person who is exempt from obtaining a permit, if: (1) the person possesses and carries a handgun on educational property that is a 14 nonpublic school; (2) the educational property is the location of both a school and a building that is a place of religious worship; (3) the weapon is a handgun; (4) the handgun is only possessed and carried on educational property outside of the school operating hours; and (5) the person(s) in legal possession or control of the premises must not have posted a conspicuous notice prohibited the carrying of a concealed handgun on the premises in accordance with GS 14-415.11(c). Applies to offenses committed on or after December 1, 2021.

Part II

Amends GS 14-415.16 to require rather than allow sheriffs to waive the requirement of taking another firearms safety and training course if a concealed carry permittee applies for permit renewal no more than 60 days after permit expiration. Adds new provisions to require sheriffs to waive the same requirement if the permittee applies for permit renewal after 60 days but within 180 days of permit expiration, if the permittee completes and submits documentation of completion of a refresher course on the state laws governing firearm use and safety certified or sponsored by the NC Criminal Justice Education and Training Standards Commission (Commission), the National Rifle Association (NRA), or a law enforcement agency, college, institution or organization, or firearms training school, taught by instructors certified by the Commission or the NRA.

Applies to renewal applications submitted on or after October 1, 2021.

Part III

Amends GS 14-415.27 to allow a person with a concealed handgun permit to carry a concealed handgun in a law enforcement facility if the person is employed by a law enforcement agency who (1) is not a law enforcement officer sworn and certified pursuant to Article 1 of GS Chapter 17C or GS Chapter 17E, (2) has been designated in writing by the head of the law enforcement agency in charge of the facility, (3) has in the person's possession written proof of the designation, and (4) has not had the designation rescinded. Applies to offenses committed on or after July 1, 2021.

Part IV

Amends GS 14-269 to add to the persons exempted from the prohibition against carrying concealed weapons. Exempts emergency medical services personnel while on duty who are deployed as part of their official duties providing tactical medical assistance to law enforcement operations in an emergency situation. Qualifies the exemption of medical services personnel upon the completion of an approved tactical medical assistance course for supporting law enforcement operations. Details course requirements and also requires the course to be certified or sponsored by at least one of the following: the NC Criminal Justice Education and Training Standards Commission (Commission); the National Rifle Association (NRA); or a law enforcement agency, college, institution or organization, or firearms training school taught by instructors certified by the Commission or the NRA. Requires every instructor of an approved course to file course information, including proof of certification, annually with the Commission, or following any course modification.

Applies to offenses committed on or after December 1, 2021.

Intro. by McNeely, Saine, Adams, Carter.GS 14
H 135 (2021-2022) FUNDS FOR MARC, INC. Filed Feb 23 2021, AN ACT TO APPROPRIATE FUNDS FOR MARKETING ASSOCIATION FOR REHABILITATION CENTERS (MARC), INC.

Appropriates $350,000 in recurring funds for each year of the 2021-23 fiscal biennium from the General Fund to the Department of Health and Human Services, Division of Social Services, for Marketing Association for Rehabilitation Centers. Funds are to be used to support business development leadership and advanced manufacturing and to create new job opportunities for the chronically unemployed. Effective July 1, 2021.

Intro. by Howard, Warren, Moffitt, Setzer.APPROP
H 136 (2021-2022) ENCOURAGE HEALTHY NC FOOD IN SCHOOLS. Filed Feb 23 2021, AN ACT TO PROMOTE MUSCADINE GRAPE JUICE USAGE IN THE STATE'S LEARNING INSTITUTIONS AND TO INCLUDE MUSCADINE GRAPE JUICE PRODUCERS AND OTHER FRUIT AND FRUIT PRODUCT PRODUCERS PARTICIPATING IN THE "GOT TO BE NC" MARKETING PROGRAM AS PARTICIPANTS IN THE FARM TO SCHOOL PURCHASING PROGRAM.

Includes whereas clauses.

Part I

Amends GS 115C-12 to require the State Board of Education to ensure 100% muscadine grape juice (muscadine grape juice) is available in all public schools as part of the school's nutrition program or through the school's vending facilities. Enacts GS 115C-264.5, GS 115C-218.75(i), GS 115C-238.66(17), and GS 116-239.8(b)(4)c. to require local boards of education, charter schools, regional schools, and laboratory schools to charge these entities with the same duty to ensure muscadine grape juice is available to students as part of the school's nutrition program or through the school's vending facilities. Applies beginning with the 2021-22 school year. 

Similarly, amends GS 115D-20 to require the State Board of Community Colleges to make available muscadine grape juice as a beverage option in the operation of the community college's vending facilities. Enacts GS 116-43.25 to require UNC constituent institutions to make muscadine grape juice available as a beverage option in the operation of the institution's vending facilities. Applies beginning with the 2021-22 academic year.

Part II

States legislative findings concerning the importance of the availability of fresh produce and products to NC children and its benefit to NC farmers and food processors. 

Directs the Food Distribution Division of the Department of Agriculture and Consumer Services (DACS) to revise its bidding, procurement, and ordering procedures for the Farm to School Program to include fruit and fruit products to the list of those made available to school nutrition programs by December 1, 2021. Requires the fruit or fruit product producer to be a participant in the Got To Be NC marketing program, and requires that the fruit or fruit product meet all nutritional and packaging requirements for foods supplied to school nutrition programs under federal and State law. Directs DACS to provide an interim report by September 1, 2021, and a final report by January 1, 2022, to the specified NCGA committee and division.

Intro. by Howard, Elmore, Setzer, Dixon.GS 115C, GS 115D, GS 116
H 137 (2021-2022) STEVE TROXLER AGRICULTURAL SCIENCES CENTER. (NEW) Filed Feb 23 2021, AN ACT TO DEDICATE THE AGRICULTURAL SCIENCES CENTER OF THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES AS THE STEVE TROXLER AGRICULTURAL SCIENCES CENTER.

Includes whereas clauses. Requires the Department of Agriculture and Consumer Services to dedicate and rename the Agricultural Sciences Center located at the intersection of Reedy Creek Road and Edwards Mill Road in Raleigh, as the "Steve Troxler Agricultural Sciences Center."

Intro. by Dixon, Brisson, Bell, Elmore.UNCODIFIED
H 138 (2021-2022) ADOPT WOUNDED HEROES DAY. Filed Feb 23 2021, AN ACT ADOPTING THE TWENTY-FOURTH DAY OF APRIL OF EACH YEAR AS WOUNDED HEROES DAY IN HONOR OF ARMY SGT. MICHAEL VERARDO.

Includes whereas clauses. Enacts GS 103-16 as title indicates. 

Intro. by Willis.GS 103
H 139 (2021-2022) SOIL SCIENTIST/ON-SITE WASTEWATER CERT. BD. Filed Feb 23 2021, AN ACT TO ADD A LICENSED SOIL SCIENTIST TO THE ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION BOARD.

Amends the qualifications of the member of the NC On-Site Wastewater Contractors and Inspectors Certification Board appointed by the NCGA based on the recommendation of the House Speaker, pursuant to GS 90A-73(a)(9). Requires the member to be, at the time of appointment, a soil scientist licensed under Article 89F with experience in the soil and site evaluation for on-site wastewater systems (currently, required to be employed by the NC Cooperative Extension Service and knowledgeable in the area of on-site wastewater systems). Effective July 1, 2021.

Intro. by Brody.GS 90A
H 141 (2021-2022) PROMOTE NORTH CAROLINA SAWMILLS. Filed Feb 23 2021, AN ACT TO PROMOTE LOCAL SAWMILLS BY ALLOWING THE USE OF UNGRADED LUMBER IN CERTAIN CIRCUMSTANCES.

Directs the NC Building Code Council (Council) to amend the Residential Code for One- and Two-Family Dwellings in order to permit dimension lumber that has not been grade-stamped under the authority of a lumber grading bureau to be used in the construction of one-and two-family dwellings, so long as three criteria are met: (1) that the lumber is sold directly by the sawmill owner or employee to the dwelling owner or owner's authorized representative; (2) the dimension lumber meets or exceeds all other Code requirements; and (3) that the appropriate code enforcement official reviews the dwelling's framing to ensure it meets all other requirements, with immunity from civil and professional liability for structural failure resulting from the use of dimension lumber. Authorizes the Council to issue temporary implementing rules. Sunsets the act when the Council issues permanent rules substantially similar to the act's provisions and notifies the Codifier of Statutes. 

Intro. by Hanig, Sasser, Brody, Greene.UNCODIFIED
H 142 (2021-2022) UNC BUILDING RESERVES/CERTAIN PROJECTS. Filed Feb 23 2021, AN ACT TO APPROPRIATE FUNDS FOR THE UNIVERSITY OF NORTH CAROLINA BUILDING RESERVE FOR CERTAIN BUILDING PROJECTS.

Identical to S 130, filed 2/23/21.

Appropriates $2,359,159, to be allocated in specified sums, to the UNC Board of Governors for 2020-21 for the Building Reserve for the operation and maintenance of the following building projects: Moore Hall at Elizabeth State University; Sciences Building at UNC Charlotte; Performance Place Renovation at UNC School of the Arts; and STEM Building at Western Carolina University. 

Reenacts and incorporates GS Chapter 143C, the State Budget Act. Provides for the continued validity of legislation enacted during the 2019 and 2021 Regular Sessions expressly appropriating funds to an agency, department or institution covered by the act for the 2020-21 fiscal year unless expressly repealed or amended by the act. 

Intro. by Arp, Hastings, Hardister, Pickett.APPROP

The Daily Bulletin: 2021-02-23

PUBLIC/SENATE BILLS
S 31 (2021-2022) POLITICAL SUBDIVISIONS/LOCAL BIDDERS NOTICE. Filed Feb 1 2021, AN ACT PROVIDING THAT POLITICAL SUBDIVISIONS OF THE STATE SHALL NOTIFY PERSONS OR BUSINESSES WITHIN THEIR JURISDICTIONAL LIMITS BY REGULAR OR ELECTRONIC MAIL OF WORK REQUIRING AN ESTIMATED EXPENDITURE OF $50,000 OR MORE BEING LET FOR BID BY THE POLITICAL SUBDIVISION.

Senate amendment amends the 2nd edition as follows.

Amends proposed GS 143-129(b1), concerning public construction, repair, or purchases that require the estimated expenditure of public monies equal to or exceeding $50,000, to require political subdivisions to notify, by regular or electronic mail or by posting to a website or service that generates notice, persons or businesses located within the respective jurisdictional boundaries of the political subdivision if the person or business made a written request to the clerk of the board of the political subdivision or the clerk's designee for notice of construction or repair work, or the purchase of apparatus, supplies, materials, or equipment being bid subject to the notification requirement (previously phrased as inviting proposals by notification rather than notice; did not include notification by posting on a website; and did not include specific requirements for persons or businesses to request notification). Now requires the notice to be sent at least seven full days before the contract award rather than the opening of bids. Requires the notices to contain a description of the requested construction or repair work, or purchase of apparatus, supplies, materials, or equipment, rather than referencing the information required of other public contract advertisements set out in subsection (b). 

Intro. by Johnson, Proctor, Craven.GS 143
S 43 (2021-2022) PROTECT RELIGIOUS MEETING PLACES. Filed Feb 2 2021, AN ACT TO ENACT THE RELIGIOUS ASSEMBLY SECURITY AND PROTECTION ACT OF 2021 AND TO AUTHORIZE CONCEALED CARRY FOR CERTAIN LAW ENFORCEMENT FACILITY EMPLOYEES.

Senate committee substitute amends the 1st edition as follows. 

Adds to the proposed changes to GS 14-269.2, which details criteria for excepted persons to carry a handgun on educational property that is the location of both a school and a building that is a place of religious worship outside of school operating hours. Adds to the criteria for the exception to require that the person(s) in legal possession or control of the premises must not have posted a conspicuous notice prohibiting the carrying of a concealed handgun on the premises in accordance with GS 14-415.11(c).

Intro. by Britt, Daniel, Johnson.GS 14
S 50 (2021-2022) ESTATE PLANNING LAW CHANGES. Filed Feb 3 2021, AN ACT TO MAKE VARIOUS CHANGES TO THE GENERAL STATUTES REGARDING ESTATES AND TRUSTS.

Senate committee substitute amends the 1st edition as follows.

Adds to the effective date provisions in Part VI of the act. Specifies that Section 4.1, amending GS 31D-2-201, applies to powers of appointment created on or after the date the act becomes law. Specifies that Section 4.2, amending GS 31D-3-305, applies to the exercise, on or after the date the act becomes law, of powers of appointment created before, on, or after the date the act becomes law. 

Intro. by Daniel, Galey.GS 1, GS 28A, GS 31D, GS 35A, GS 36C
S 126 (2021-2022) CLEAN UP OBSOLETE BOARDS. Filed Feb 23 2021, AN ACT TO ABOLISH OBSOLETE BOARDS AND COMMISSIONS THAT ARE NO LONGER FUNCTIONAL AND TO MAKE OTHER CHANGES TO BOARDS AND COMMISSIONS.

Includes whereas clauses.

Abolishes the Board of Directors of the Certification Entry for Phase II Settlement Funds.

Repeals GS Chapter 143B, Article 9, Part 22, concerning the North Carolina Agency for Public Telecommunications. Makes a conforming repeal of GS 138A-as3(70)r.

Repeals SL 2013-358 (except Section 2) and SL 2014-10, concerning the Charlotte Douglas International Airport Commission.

Abolishes the Board of Directors of the Charlotte Regional Partnership, Inc.

Repeals GS 115C-102.5, which created the Commission on School Technology. Makes conforming deletions in GS 115C-102.6.

Repeals SL 2011-145, Section 6A.20(b), which created a Data Integration Steering Committee.

Repeals SL 2011-145, Section 6A.7, as amended, and SL 2013-360, Section 7.14(B), concerning the Grants Management Oversight Committees, both of which established a Grants Management Oversight Committee to coordinate the development of an enterprise grants management system.

Repeals GS Chapter 120, Article 25A, which established the Legislative Commission on Methamphetamine Abuse; makes conforming deletions in GS 90-113.64 and GS 143B-925.

Repeals GS Chapter 143B, Article 10, Part 2A, which created the Community Development Council. Makes conforming repeals of GS 143B-432(c)(1) and GS 143B-433(2)b.

Repeals GS Chapter 143B, Article 9, Part 26, which established the North Carolina Farmworker Council.

Repeals GS Chapter 143, Article 55, which enacted the Southern Growth Policies Agreement and created the Southern Growth Policies Board. 

Amends GS 96-4 by removing provisions related to the State Advisory Council on Employment Security.

Repeals GS 143-345.24, which established the State Suggestion Review Committee. Amends GS 143-345.21, GS 143-345.23, and GS 143-345.25 by reassigning the specified Committee duties to the Office of State Human Resources.

Repeals SL 2012-142, Section 6A-12(h), which established the Statewide Portal Committee.

Repeals GS 106-145.11, which created the Wholesale Distributor Advisory Committee.

Repeals GS 20-305.4, which created the Motor Vehicle Dealers' Advisory Board. Makes conforming changes to GS 20-305.5. Effective June 30, 2023.

Repeals SL 2003-404 creating the Blount Street Historic Oversight Committee.

Intro. by Sawyer, Perry.Mecklenburg, GS 20, GS 90, GS 96, GS 106, GS 115C, GS 138A, GS 143, GS 143B
S 127 (2021-2022) STATE EMPS./NO PAYROLL DUES DEDUCTION. Filed Feb 23 2021, AN ACT REPEALING PUBLIC EMPLOYEE PAYROLL DEDUCTION FOR PAYMENTS TO EMPLOYEES' ASSOCIATIONS.

Amends GS 143B-426.40A as the title indicates.

Intro. by Hise, Johnson.GS 143B
S 130 (2021-2022) UNC BUILDING RESERVES/CERTAIN PROJECTS. Filed Feb 23 2021, AN ACT TO APPROPRIATE FUNDS FOR THE UNIVERSITY OF NORTH CAROLINA BUILDING RESERVE FOR CERTAIN BUILDING PROJECTS.

Appropriates $2,359,159, to be allocated in specified sums, to the UNC Board of Governors for 2020-21 for the Building Reserve for the operation and maintenance of the following building projects: Moore Hall at Elizabeth State University; Sciences Building at UNC Charlotte; Performance Place Renovation at UNC School of the Arts; and STEM Building at Western Carolina University. 

Reenacts and incorporates GS Chapter 143C, the State Budget Act. Provides for the continued validity of legislation enacted during the 2019 and 2021 Regular Sessions expressly appropriating funds to an agency, department or institution covered by the act for the 2020-21 fiscal year unless expressly repealed or amended by the act. 

Intro. by Krawiec, Edwards, Lowe.APPROP
S 131 (2021-2022) MOBILE BEAUTY SALONS. Filed Feb 23 2021, AN ACT TO PROVIDE LICENSURE OF MOBILE BEAUTY SALONS AND ENSURE THEIR SAFE AND HYGIENIC OPERATION.

Makes the following changes to GS 88B, Cosmetic Art.

Expands authority of the Board of Cosmetic Art Examiners (Board) to include inspecting mobile salons. Adds the defined term mobile salon. Sets the licensing application and annual fee for mobile salons at $25, with a $10 late fee. Enacts GS 88B-15.1 authorizing motor homes to be used as a mobile salon for practicing cosmetic art. Provides for licensure, the Board's rulemaking, and other requirements regarding mobile salons, including requiring owners to provide the Board with a written monthly itinerary listing locations, dates, and hours of operation. Requires the Board to adopt related rules as expeditiously as possible. Makes conforming changes to the Chapter to make the Chapter's licensing requirements and regulations applicable to mobile salons. 

Effective October 1, 2021.

Intro. by Krawiec, Mayfield, Waddell.GS 88B
S 132 (2021-2022) ADOPT WOUNDED HEROES DAY. Filed Feb 23 2021, AN ACT ADOPTING THE TWENTY-FOURTH DAY OF APRIL OF EACH YEAR AS WOUNDED HEROES DAY IN HONOR OF ARMY SGT. MICHAEL VERARDO.

Identical to H 138, filed 2/23/21.

Includes whereas clauses. Enacts GS 103-16 as title indicates. 

Intro. by Johnson.GS 103
S 133 (2021-2022) UNC PEMBROKE/HEALTH SCIENCE CENTER FUNDS. Filed Feb 23 2021, AN ACT TO PROVIDE FUNDS FOR THE CONSTRUCTION OF A HEALTH SCIENCE CENTER AT THE UNIVERSITY OF NORTH CAROLINA AT PEMBROKE.

Transfers $6.5 million for 2021-22 and $20 million for 2022-23 from the General Fund to the State Capital and Infrastructure Fund. Appropriates those same amounts from the Fund to the UNC Board of Governors for the construction of a Health Science Center at UNC-Pembroke. Sets the total amount authorized for the project at $91 million. Effective July 1, 2021.

Intro. by Britt, McInnis.APPROP
S 134 (2021-2022) CONCEALED CARRY/EMERGENCY MEDICAL PERSONNEL. Filed Feb 23 2021, AN ACT TO EXEMPT FROM THE CONCEALED CARRY PROHIBITION CERTAIN EMERGENCY MEDICAL SERVICES PERSONNEL WHILE ON DUTY PROVIDING TACTICAL MEDICAL ASSISTANCE TO LAW ENFORCEMENT IN AN EMERGENCY SITUATION.

Identical to H 48, filed 2/3/21.

Amends GS 14-269 to add to the persons exempted from the prohibition against carrying concealed weapons. Exempts emergency medical services personnel while on duty who are deployed as part of their official duties providing tactical medical assistance to law enforcement operations in an emergency sitation. Qualifies the exemption of medical services personnel upon the completion of an approved tactical medical assistance course for supporting law enforcement operations. Details course requirements and also requires the course to be certified or sponsored by at least one of the following: the NC Criminal Justice Education and Training Standards Commission (Commission); the National Rifle Association (NRA); or a law enforcement agency, college, institution or organization, or firearms training school taught by instructors certified by the Commission or the NRA. Requires every instructor of an approved course to file course information, including proof of certification, annually with the Commission, or following any course modification.

Requires state and local law enforcement agencies to provide paramedics rendering tactical medical assistance during SWAT operations with the same protective equipment provided to other members of a SWAT operation. 

Applies to offenses committed on or after the date the act becomes law. 

Intro. by Perry, Britt, McInnis.GS 14
S 135 (2021-2022) IMPROVE ANATOMICAL GIFT DONATION PROCESS. Filed Feb 23 2021, AN ACT IMPROVING THE EFFICIENCY OF ORGAN, EYE, AND TISSUE DONATION AT THE DEPARTMENT OF MOTOR VEHICLES BY REQUIRING DONORS WHO ORIGINALLY BECAME DONORS IN ANOTHER JURISDICTION TO CONSENT TO THE IMPRINTING OF AN ANATOMICAL GIFT STATEMENT OR SYMBOL ON THE DONOR'S NORTH CAROLINA DRIVERS LICENSE OR IDENTIFICATION CARD AND BY CLARIFYING WHEN AN ANATOMICAL GIFT MADE BY AUTHORIZING THAT A STATEMENT OR SYMBOL BE IMPRINTED ON THE DONOR'S DRIVERS LICENSE OR IDENTIFICATION CARD WILL BE CONSIDERED REVOKED.

Identical to H 95, filed 2/16/21.

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 Perry, Burgin, Krawiec.GS 130A
S 136 (2021-2022) RELIEF FROM ARBITRARY EXECUTIVE ORDERS. Filed Feb 23 2021, AN ACT TO WAIVE THE ABC PERMIT RENEWAL AND REGISTRATION FEES DUE ON MAY 1, 2021, OR FOR THE PERIOD COVERING MAY 1, 2021, THROUGH APRIL 30, 2022.

Bars the ABC Commission from imposing a fee for the following:

(1) permit renewals under GS 18B-903(a)(5) (applicable to ABC permits other than permits valid indefinitely (on-premises and off-premises malt beverage, unfortified wine, and fortified wine permits, culinary permits) and limited special occasion permits, special one-time permits, and temporary permits) for the period from May 1, 2021, through April 30, 2022, for active permits as of April 30, 2021;

(2) limited special occasion permit, special one-time permit, and temporary permit renewals under GS 18B-903(a)(2) through (a)(4) from May 1, 2021, through April 30, 2022; and

(3) malt beverage, fortified wine, or unfortified wine permit registration under GS 18B-903(b1) due May 1, 2021, for active permits as of April 30, 2021.

Authorizes refunds for prepaid fees waived by the act and requires the Commission to collaborate with the Department of Public Safety to refund the full amount within 30 days of request.

Intro. by Perry, Galey.UNCODIFIED
S 137 (2021-2022) STUDY AND ABATE OCULAR MELANOMA/FUNDS. Filed Feb 23 2021, AN ACT APPROPRIATING FUNDS TO STUDY AND ABATE OCULAR MELANOMA IN NORTHERN MECKLENBURG COUNTY.

Appropriates $150,000 in nonrecurring funds for 2021-22 from the General Fund to the Department of Health and Human Services to be allocated to the Nicholas School of the Environment  at Duke University to study the potential causes of and solutions for abating ocular melanoma in the towns of Huntersville and Cornelius and the surrounding area. Requires coordination with the North Carolina Policy Collaboratory in conducting the study and requires employing the specified strategies recommended by the North Carolina Policy Collaboratory. Requires a report on the results of the study to the specified NCGA committee on or before December 1, 2022. Effective July 1, 2021.

Intro. by Marcus.APPROP, STUDY
S 138 (2021-2022) FUNERAL DIR. EXAM/DEATH CERTS. (NEW) Filed Feb 23 2021, AN ACT TO DEFINE THE ENTRY-LEVEL EXAMINATION NECESSARY FOR A FUNERAL DIRECTOR, TO MODIFY THE RECIPROCITY REQUIREMENTS FOR LICENSEES FROM OTHER JURISDICTIONS, TO ALLOW FOR AN EXTENDED PERIOD DURING STATES OF EMERGENCY FOR RECEIPT OF PERMITTING FEES BY THE BOARD, AND TO REQUIRE LOCAL HEALTH DEPARTMENTS AND REGISTERS OF DEEDS TO ACCEPT PAPER DEATH CERTIFICATES.

Enacts GS 55-7-09(c) to authorize a corporation's board of directors, in its sole discretion, to determine that any shareholder meeting will be held solely by means of remote communication, unless prohibited by the articles of incorporation or bylaws, so long as existing measures for remote participation are implemented. Makes technical changes. 

Amends GS 55-7-05 to allow for an annual or special shareholders' meeting that is adjourned to a different date to be continued solely by remote communication if it is announced at the meeting before adjournment and the new date and time are noticed the same, unless the bylaws require otherwise. Adds a new provision to deem further notice in accordance with the time restraints of subsection (a) is not required when a governmental order restricts travel or group gatherings applicable to the place of the meeting or principal office in effect and in good faith are anticipated to be in effect at the date and time set forth in the initial notification. Requires the board of directors to determine to hold the meeting solely by remote communication at the same date and time set or a different date and time, and the corporation to promptly issue a national press release announcing the same and file the press release with the SEC contemporaneously.

Amends GS 55-7-20 to allow the shareholders' list to be available on a reasonably accessible electronic network, with access information provided with the meeting notice, in lieu of making the list available for inspection at the principal office or place identified in the meeting notice. Requires access to the electronic list to continue through the meeting if the meeting is to be held solely by means of remote communication. Makes clarifying and technical changes. Makes language gender neutral.

Amends GS 55-10-22 to provide for amendment or repeal of a bylaw that prohibits a meeting of shareholders solely by means of remote communication in the same way as bylaws are amended or repealed that fix a greater quorum or voting requirement for the board of directors. Makes technical changes. 

Makes further conforming changes to GS 55-7-01 (annual meetings) and GS 55-7-02 (special meetings).

Directs the Revisor of Statutes to print relevant Official Comments to the Revised Model Business Corporation Act and explanatory comments of the drafters.

Applies to shareholder meetings noticed on or after the date the act becomes law. 

Intro. by Newton, Galey.GS 55

The Daily Bulletin: 2021-02-23

LOCAL/HOUSE BILLS
H 129 (2021-2022) GRADUTATIONS/SCHOOL CALENDAR/CERTAIN COUNTIES. (NEW) Filed Feb 23 2021, AN ACT TO PERMIT INCREASED ACCESS TO INDOOR AND OUTDOOR FACILITIES IN CERTAIN COUNTIES FOR GRADUATION OR COMMENCEMENT CEREMONIES IN PUBLIC AND NONPUBLIC SCHOOLS, AND TO CERTAIN LOCAL SCHOOL ADMINISTRATIVE UNITS TO ALIGN THE SCHOOL CALENDARS OF THOSE UNITS WITH LOCAL COMMUNITY COLLEGES.

Applicable to the counties of Forsyth, Rockingham, Stokes, Surry and Yadkin only, establishes the following requirements for indoor and outdoor sporting events at qualifying schools, defined to include public and nonpublic schools, community colleges, and UNC constituent institutions, notwithstanding emergency executive or secretarial orders or directives. Sets a permitted occupancy range for sporting facilities with a certificate of occupancy in accordance with the State Building Code, limiting spectators to no less than 25% and no more than 50% capacity. Defines spectator to exclude athletes and their families, as defined, school employees, entertainers, and support staff. Requires qualifying schools to comply with the following in allowing access to sporting facilities, so long as the applicable requirements do not conflict with the act: (1) the StrongSchoolsNC Public Health Toolkit (K-12), as it existed February 2, 2021; (2) Interim Guidance for Administrators and Participants of Youth and Amateur Sports Programs, as it existed on January 28, 2021; and (3) Interim Guidance for Institutions of Higher Education, as it existed December 23, 2020. Expires at the earlier of December 31, 2021, or the date the Governor issues an executive order rescinding Executive Order No. 116 (2020), or lifts restrictions on indoor and outdoor gatherings related to the COVID-19 pandemic. 

Intro. by K. Hall, Lambeth, Carter, Stevens.UNCODIFIED, Forsyth, Rockingham, Stokes, Surry, Yadkin
H 140 (2021-2022) ZEBULON/BOARD APPOINT TOWN CLERK. Filed Feb 23 2021, AN ACT AMENDING THE CHARTER OF THE TOWN OF ZEBULON TO PROVIDE THAT THE BOARD OF COMMISSIONERS SHALL APPOINT THE TOWN CLERK.

Amends the Charter of the Town of Zebulon, SL 1973-386, as amended, to provide for the appointment of the town clerk by the board of commissioners rather than the town manager, with compensation determined by the board rather than the town manager. Maintains the existing duties of the town clerk. 

Intro. by Roberson.Wake

The Daily Bulletin: 2021-02-23

LOCAL/SENATE BILLS
S 125 (2021-2022) VACANCIES/ROWLAND & MAYOR'S TERM/RED SPRINGS. Filed Feb 23 2021, AN ACT TO REVISE THE METHOD BY WHICH VACANCIES ARE FILLED FOR ELECTIVE OFFICE IN THE TOWN OF ROWLAND AND TO EXTEND THE TERM OF MAYOR FROM TWO TO FOUR YEARS IN THE TOWN OF RED SPRINGS.

Amends the Roland Town Charter, found in SL 1998-105, as follows. Requires vacancies in any elective office of the Town to be filled by appointment of the Town Board as provided in GS 160A-63 (was, vacancies in the office of Mayor or Commission were filled by calling a special election). Makes conforming changes.

Amends the Red Springs Town Charter, SL 1949-1252, as amended, to require the Mayor to be elected to a four-year term (was, two-year term), beginning in 2021.

Intro. by Britt.UNCODIFIED, Hoke, Robeson
S 128 (2021-2022) GOLDSTON/REMOVE CAP ON SATELLITE ANNEXATIONS (NEW). Filed Feb 23 2021, AN ACT REMOVING THE CAP ON SATELLITE ANNEXATIONS FOR THE TOWN OF GOLDSTON.

Identical to H 38, filed 2/16/21.

Applicable to Isothermal Community College only, amends GS 115D-12, as amended, to allow for a member from each of the Rutherford County Commissioners and the Polk County Commissioners to be elected to the College's Board of Trustees, rather than limiting service to only one county commissioner total. Additionally, adds a new provision requiring trustees to maintain their county residency at appointment throughout their term. Applies to appointments to terms beginning on or after July 1, 2021. 

Intro. by Hise.Polk, Rutherford
S 129 (2021-2022) 15TH SENATORIAL DISTRICT LOCAL ACT-1. Filed Feb 23 2021, AN ACT RELATING TO THE 15TH SENATORIAL DISTRICT.

Blank bill.

Intro. by Chaudhuri.Wake
S139 (2021-2022) 4TH SENATORIAL DISTRICT LOCAL ACT-1. Filed Feb 23 2021, AN ACT RELATING TO THE 4TH SENATORIAL DISTRICT.

Blank bill.

Intro. by Fitch.Edgecombe, Halifax, Wilson
ACTIONS ON BILLS

Actions on Bills: 2021-02-23

PUBLIC BILLS

H 7: PROTECT CITY EMPLOYEES FROM RETALIATION.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Judiciary 1

H 53: EDUC. CHANGES FOR MILITARY-CONNECTED STUDENTS.

    House: Serial Referral To Education - Universities Stricken

H 67: GSC TECHNICAL CORRECTIONS 2021.

    House: Reptd Fav
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 78: VARIOUS EDUCATION CHANGES. (NEW)

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 02/24/2021
    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 02/24/2021

H 79: CLARIFY HS INSURANCE. (NEW)

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 02/24/2021
    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 02/24/2021

H 82: SUMMER LEARNING CHOICE FOR NC FAMILIES.

    House: Reptd Fav Com Substitute
    House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
    House: Re-ref to the Com on Pensions and Retirement, if favorable, Rules, Calendar, and Operations of the House
    House: Reptd Fav Com Sub 2
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 02/24/2021

H 91: ACCOUNTABILITY AND FAIR PLAY IN ATHLETICS. (NEW)

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Finance
    House: Reptd Fav Com Substitute
    House: Re-ref Com On Finance

H 112: A SAFE RETURN FOR IN-PERSON LEARNING.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

H 113: 2021 AOC LEGISLATIVE CHANGES.-AB

    House: Passed 1st Reading
    House: Ref to the Com on Judiciary 1, if favorable, State Government, if favorable, Rules, Calendar, and Operations of the House

H 114: SURRY MEDICAL MINISTRIES FOUNDATION/FUNDS.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 115: ADD MEMBER TO NC TRAINING STANDARDS COMMISS.

    House: Passed 1st Reading
    House: Ref to the Com on State Government, if favorable, Rules, Calendar, and Operations of the House

H 117: FAYETTEVILLE MLK JR. PARK FUNDS.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 119: PROPERTY TAX RELIEF FOR COVID AFFECTED BUS.

    House: Passed 1st Reading
    House: Ref to the Com on Finance, if favorable, Rules, Calendar, and Operations of the House

H 120: RESTRICT LOCAL SALES TAX/SCHOOL CONSTRUCTION. (NEW)

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House
    House: Passed 1st Reading
    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House

H 121: CLARIFY EQIP FUNDING/DREDGING COST-SHARE. (NEW)

    House: Passed 1st Reading
    House: Ref to the Com on Environment, if favorable, Agriculture, if favorable, Rules, Calendar, and Operations of the House
    House: Passed 1st Reading
    House: Ref to the Com on Environment, if favorable, Agriculture, if favorable, Rules, Calendar, and Operations of the House

H 122: MILEAGE/PER DIEM/STATE EMPLOYEES/LEGISLATORS.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

H 123: MISDEMEANORS/MANDATE FIRST APPEARANCES.

    House: Passed 1st Reading
    House: Ref to the Com on Judiciary 3, if favorable, Rules, Calendar, and Operations of the House

H 124: TEACHER DIVERSITY/PED STUDY.

    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

H 126: COMMUNITY COLLEGE SYSTEM SALARY INCREASES.

    House: Filed

H 127: WF BAPTIST HEALTH REGIONAL AUTOPSY CTR FUNDS.

    House: Filed

H 128: AN ACT TO REEMPLOY NC'S WORKFORCE. (NEW)

    House: Filed
    House: Filed

H 130: EAST COAST GREENWAY/STATE TRAILS.

    House: Filed

H 131: STEVENS CENTER FUNDS/UNC SCHOOL OF THE ARTS.

    House: Filed

H 132: JUVENILE CODE REV'S/CIP RECOMMENDATIONS.-AB

    House: Filed

H 133: CREATE NC GOLF COUNCIL.

    House: Filed

H 134: 2ND AMENDMENT PROTECTION ACT.

    House: Filed

H 135: FUNDS FOR MARC, INC.

    House: Filed

H 136: ENCOURAGE HEALTHY NC FOOD IN SCHOOLS.

    House: Filed

H 137: STEVE TROXLER AGRICULTURAL SCIENCES CENTER. (NEW)

    House: Filed
    House: Filed

H 138: ADOPT WOUNDED HEROES DAY.

    House: Filed

H 139: SOIL SCIENTIST/ON-SITE WASTEWATER CERT. BD.

    House: Filed

H 141: PROMOTE NORTH CAROLINA SAWMILLS.

    House: Filed

H 142: UNC BUILDING RESERVES/CERTAIN PROJECTS.

    House: Filed

S 31: POLITICAL SUBDIVISIONS/LOCAL BIDDERS NOTICE.

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Engrossed

S 43: PROTECT RELIGIOUS MEETING PLACES.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

S 50: ESTATE PLANNING LAW CHANGES.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Rules and Operations of the Senate

S 52: SEX OFFENDER RESIDENCE RESTRICTION/CLARIFY.

    Senate: Withdrawn From Cal
    Senate: Placed On Cal For 02/24/2021

S 66: REGULATE USE OF DEER SECRETIONS FOR HUNTING.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 111: SENATE BOG ELECTIONS.

    Senate: Reptd Fav

S 118: MODERNIZATION OF DRUG COURT PROGRAM.

    Senate: Withdrawn From Com
    Senate: Re-ref to Appropriations/Base Budget. If fav, re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

S 121: COMMUNITY COLLEGE SYSTEM SALARY INCREASES.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 123: AMEND VETERANS' PREFERENCE/HONOR ACTIVE DUTY.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 126: CLEAN UP OBSOLETE BOARDS.

    Senate: Filed

S 127: STATE EMPS./NO PAYROLL DUES DEDUCTION.

    Senate: Filed

S 130: UNC BUILDING RESERVES/CERTAIN PROJECTS.

    Senate: Filed

S 131: MOBILE BEAUTY SALONS.

    Senate: Filed

S 132: ADOPT WOUNDED HEROES DAY.

    Senate: Filed

S 133: UNC PEMBROKE/HEALTH SCIENCE CENTER FUNDS.

    Senate: Filed

S 134: CONCEALED CARRY/EMERGENCY MEDICAL PERSONNEL.

    Senate: Filed

S 135: IMPROVE ANATOMICAL GIFT DONATION PROCESS.

    Senate: Filed

S 136: RELIEF FROM ARBITRARY EXECUTIVE ORDERS.

    Senate: Filed

S 137: STUDY AND ABATE OCULAR MELANOMA/FUNDS.

    Senate: Filed

S 138: FUNERAL DIR. EXAM/DEATH CERTS. (NEW)

    Senate: Filed
    Senate: Filed

Actions on Bills: 2021-02-23

LOCAL BILLS

H 24: CHIMNEY ROCK/LAKE LURE DEANNEX-ANNEX. (NEW)

    House: Serial Referral To Local Government Stricken
    House: Serial Referral To Local Government Stricken
    House: Serial Referral To Local Government Stricken

H 116: SCHOOL CALENDAR FLEX./CERTAIN SCHOOL SYSTEMS.

    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Local Government, if favorable, Rules, Calendar, and Operations of the House

H 118: BUNCOMBE SCHOOL BD ELECTION. (NEW)

    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Local Government, if favorable, Rules, Calendar, and Operations of the House
    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Local Government, if favorable, Rules, Calendar, and Operations of the House

H 125: SCHOOL CALENDAR FLEXIBILITY/LENOIR COUNTY.

    House: Passed 1st Reading
    House: Ref to the Com on Local Government, if favorable, Education - K-12, if favorable, Rules, Calendar, and Operations of the House

H 129: GRADUTATIONS/SCHOOL CALENDAR/CERTAIN COUNTIES. (NEW)

    House: Filed
    House: Filed

H 140: ZEBULON/BOARD APPOINT TOWN CLERK.

    House: Filed

S 115: KICKOFF COLLEGE SPORTS ACT. (NEW)

    Senate: Withdrawn From Com
    Senate: Re-ref to State and Local Government. If fav, re-ref to Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to State and Local Government. If fav, re-ref to Rules and Operations of the Senate

S 120: TOWN OF VASS/CAP ON SATELLITE ANNEXATIONS.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to State and Local Government. If fav, re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate

S 122: TOWNS OF SPRUCE PINE & WEAVERVILLE DEANNEX. (NEW)

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to State and Local Government. If fav, re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to State and Local Government. If fav, re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate

S 124: ACCESS TO HS GRADUATIONS/CERTAIN COUNTIES.

    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

S 125: VACANCIES/ROWLAND & MAYOR'S TERM/RED SPRINGS.

    Senate: Filed

S 128: GOLDSTON/REMOVE CAP ON SATELLITE ANNEXATIONS (NEW).

    Senate: Filed

S 129: 15TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Filed

S 139: 4TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Filed

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