House committee substitute amends the 1st edition as follows.
Amends the proposed continuing education and training requirements for serving magistrates in GS 7A-177(b1) to require the inclusion of orders of protection in the mandated subjects to be covered.
Appropriates $125,387 in recurring funds and $2,906 in nonrecurring funds from the General Fund to the Administrative Office of the Courts (AOC) for 2021-22 to establish a position for Court Process Analyst. Charges the Court Process Analyst with coordinating in-service education for all serving magistrates, with specified duties, including (1) developing or contracting curriculum criteria based on current statutes, (2) maintaining a database of serving magistrates' completed mandated training hours and notifying delinquent magistrates, (3) producing all annual reports of hours and participants to AOC for magistrates to maintain standing, and (4) conducting in-person regional training opportunities statewide and coordinating with the State Board of Community Colleges to disseminate in-service training opportunities. Effective July 1, 2021.
The Daily Bulletin: 2021-02-24
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The Daily Bulletin: 2021-02-24
House committee substitute amends the 1st edition as follows.
Modifies proposed GS 14-269(b)(10) to consistently refer to "emergency medical services personnel" throughout.
Changes the effective date of the act to July 1, 2021; applies to offenses committed on or after that date (was, effective on the date the act became law).
Intro. by Warren, McNeill, C. Smith. | GS 14 |
House amendment makes the following changes to the 3rd edition. Adds the requirement that residential schools, to the extent funds are made available, offer a school extension learning recovery and enrichment program outside of the instructional school calendar to students regularly enrolled in those schools. Requires the program to provide in-person instruction in core subjects to address learning losses and negative impacts that students have experienced due to COVID-19 during the 2020-21 school year in way that is best suited to students' needs. Requires at least 150 hours or 30 days of instruction. Requires each residential school to develop and submit a plan for its program to the Department of Public Instruction no later than 30 days before the final instructional day of the 2020-21 school year.
Intro. by Moore, Elmore, Torbett, Zenger. | GS 115C |
Section 1
Amends GS 90-29 to exclude registered dental hygienists qualified to administer local anesthetics from the practice of dentistry. Expands the practice of dentistry to include individuals who, by use of electronic or digital means, own, manage, supervise, control or conduct any enterprise wherein any act otherwise defined as the practice of dentistry is done, attempted to be done, or represented.
Enacts GS 90-30.2 authorizing teledentistry services to be delivered by a licensed dentist or licensed dental hygienist who is under the supervision of a licensed dentist. Requires informed consent of the patient or authorized person to be obtained prior to rendering teledentistry services and to be reflected in the patient's records, as specified. Allows for the transmission of data, electronic images, and related information appropriate to provide teledentistry services. Provides guidelines for patient care and explicitly authorizes evaluations to be conducted by a licensed dentist using teledentistry modalities. Details the determination of the encounter location for services provided. Mandates confidentiality consistent with HIPPA and other confidentiality laws and regulations regarding medical records. Additionally, requires patient records to be kept in the same manner as in-person dental records, as specified. Requires licensed dentists prescribing medication, lab services or dental lab services through teledentistry to adhere to applicable law and current standards of care, including appropriate documentation. Requires compliance with the NC Controlled Substance Reporting System, as appropriate.
Expands grounds for disciplinary action by the State Board of Dental Examiners (Board) authorized by GS 90-41 to include (1) allowing fee-splitting for the use of teledentistry services, and (2) limiting a patient's right or ability to raise grievances or file complaints with any appropriate oversight body.
Section 2
Expands the definition given for dental hygiene in GS 90-221 to include the administration of local anesthetics by infiltration and block techniques by certified dental hygienists under the direct supervision of a licensed dentist. Adds direct supervision to the defined terms used in Article 16, the Dental Hygiene Act.
Enacts GS 90-225.2 to establish clinical instruction requirements for licensed dental hygienists to qualify to administer local anesthetics. Requires instruction by lecture and lab or clinical formats at UNC School of Dentistry, ECU School of Dental Medicine, or a program accredited by the Council on Dental Accreditation (CODA), or similar federally approved organization. Requires at least a 30-hour session composed of 16 didactic hours and 14 clinical hours, with instruction by a dentist with a DDS or DMD degree. Sets standards for class ratios and scoring. Requires awarding a certificate upon successful completion.
Enacts GS 90-225.3 to establish requirements for the Board to approve licensed dental hygienists to administer local anesthetics, including completing the required education and training, and practicing under the supervision of a licensed dentist for the preceding two years. Requires two hours of continuing education annually, as specified. Details further authorities of the Board regarding additional education and training when applicants cannot satisfy the specified requirements.
Applies to licenses granted or renewed on or after October 1, 2021.
Authorizes the Board to adopt temporary implementing rules.
Intro. by Lambeth. | GS 90 |
Amends GS 50B-3.1 to alternatively allow a court issuing an emergency or ex parte order to order the defendant to surrender all firearms, machine guns, and ammunition to a licensed firearms dealer rather than the sheriff. Amends the provisions regarding the notice of the order by the court to the plaintiff and defendant to specify the notice must inform the defendant that he or she is prohibited from possessing, purchasing, or receiving a firearm or attempting to do the same for the duration of the protection order or any protective order in effect. Adds a new requirement for a sheriff to store surrendered firearms or ammunition in a manner designed to reasonably ensure against any deterioration or damage; caps fees for storage at $10 monthly and requires an itemized receipt be given to the defendant from the sheriff. Changes the time frame a defendant is required to surrender all firearms, machine guns, ammunition, and permits to the sheriff which are not able to be immediately surrendered upon service, to within two business days rather than 24 hours of service.
Details the procedure for a defendant to surrender or sell his or her firearms, machine guns, and ammunition to or through a licensed firearms dealer upon service of the order to surrender as an alternative to surrender to the sheriff. Requires the defendant to notify the sheriff of the intent to surrender or sell to or through the dealer and complete the surrender or sale within two business days of service of the order. Requires the defendant and the dealer to enter into an agreement to surrender possession directly to the dealer. Provides proceeds from any sale are the property of the defendant. Requires the defendant to surrender all permits to purchase and permits to carry concealed firearms to the sheriff as provided by the existing language of the statute. Requires the dealer to submit to the sheriff copies of the record of disposition within 24 hours of receipt of possession. Prohibits a dealer receiving possession from releasing the firearms, machine guns, or ammunition to the defendant without a court order or transferring possession to any person the dealer knows or reasonably should know will allows the defendant to exercise care, custody, possession, ownership, or control of the firearms, machine guns, or ammunition. Makes conforming changes throughout regarding retrieval, motions to return by third-party owners, and disposal, making the provisions applicable to licensed firearms dealers.
Adds that a judge can order firearms and ammunition surrendered to a licensed firearms dealer to be disposed of by sale by the dealer. No longer requires the defendant to request proceeds from the sale by motion before or at the hearing.
Makes conforming, organizational, and clarifying changes. Applies to orders issued on or after the date the act becomes law.
Intro. by Adams, Kidwell, McNeill, Turner. | GS 50B |
As title indicates. Includes whereas clauses.
Intro. by Elmore, Kidwell, Pickett. | JOINT RES |
Includes whereas clauses. Repeals subsections (c) and (d) of Section 35.21 of SL 2017-57, as title indicates. Effective retroactively to December 31, 2020.
Intro. by von Haefen, Ball, Lucas, Harrison. | UNCODIFIED |
Makes multiple amendments to GS Chapter 15A, Article 12 (Pen Registers; Trap and Trace Devices), by modifying existing sections GS 15A-260, 261, and 263 and adding new GS 15A-265 allowing the State Bureau of Investigation (SBI) to conduct warrantless use of a pen register or trap and trace device in emergency situations.
Reworks GS 15A-260 (definitions) by putting existing definitions into separate subdivisions and adding definitions for law enforcement officer and location data.
Amends GS 15A-261 (prohibition and exceptions) by allowing for any one of the listed exceptions to be sufficient for overcoming the general prohibition on the installation or use of a pen register or trap and trace device, and by adding a new exception in subdivision (b)(4) for emergency circumstances as provided in GS 15A-265.
Amends GS 15A-263 (issuance of order for pen register or trap and trace device) by reordering subsection (a) regarding what a judge must find before entering an ex parte order authorizing the installation and use of a pen register or trap and trace device. Changes the standard for situations involving the commission of a felony, Class A1 or Class 1 misdemeanor offense from reasonable suspicion to probable cause. Adds additional ground which consists of finding that there exists an emergency situation as provided in GS 15A-263(a)(1)a. and that the information gained from the use of the device will be of material aid in locating an individual at risk of death or serious physical harm.
Enacts new GS 15A-265 authorizing an SBI agent, with permission from the agent's supervisor, to install without a warrant on an emergency basis a pen register or trap and trace device, but requiring the agent to seek an order approving the installation or use within 48 hours; without the order, the installation or use must immediately terminate when the information is sought, the request for an order is denied, or 48 hours has passed, whichever occurs first. Requires the agent to determine either (1) there exists immediate danger of death or serious bodily injury to any person and there are grounds upon which an order could be entered pursuant to GS 15A-263(a)(1) to authorize the installation and use of a pen register or trap and trace device or (2) an individual has disappeared, a child has run away, or a person is missing for which no criminal charge per GS 15A-263(a)(1)a. is readily apparent, but where there may be an immediate danger of death or serious bodily injury based wholly or partly on the individual's age, physical condition, or circumstances surrounding his or her disappearance. Makes an agent who violates the provisions regarding seeking an order or termination of the use of a pen register or trap and trace device guilty of a Class 1 misdemeanor. Requires a person who provides assistance to be reasonably compensated for expenses incurred. Requires any information gained from the use of pen registers or trap and trace devices under this statute that is not required to be retained for discovery purposes in a criminal prosecution to be destroyed as soon as practicable upon the resolution of the emergency situation.
Effective December 1, 2021, and applies to installations occurring on or after that date, and any criminal penalties created by this act apply to offenses committed on or after that date.
Intro. by McNeill, Hurley, C. Smith, Greene. | GS 15A |
Enacts GS 58-50-305, establishing guidelines and requirements regarding the coverage of health care services delivered through telehealth for health benefit plans (plans) offered in the State. Defines telehealth to mean the delivery of health care services by a licensed health care provider through (1) an encounter conducted through real-time interactive audio and video technology, (2) store and forward real-time interactive audio and video technologies as the standard practice of care where medical information is sent to a provider for evaluation, or (3) a communication in which the provider has access to the patient's medical history prior to the telehealth encounter. Excludes the delivery of services solely though email, text chat, or audio communication unless additional medical history and clinical information is communicated electronically between the provider and patient. Deems any in-person requirement satisfied with the use of asynchronous telecommunications technologies in which the health care provider has access to the patient's medical history prior to the telehealth encounter.
Prohibits plans from excluding from coverage services or procedures delivered by a health care professional to an insured through telehealth solely because the service or procedure is not provided in-person, including reimbursement for patient monitoring using telehealth. Requires plans to reimburse for provider-for-provider consultations that are conducted using telehealth the same as face-to-face reimbursement. Allows for plans to require a deductible, copayment, or coinsurance for covered services or procedures delivered through telehealth by a preferred or contracted provider, but bars setting amounts that exceed the amounts set for face-to-face services. Bars plans from requiring prior authorization for the delivery of health care services through telehealth if not required for face-to-face services. Bars plans from putting limits on the originating site or the distant site for the delivery of health care services through telehealth. Bars the use of telehealth for any health care services related to an abortion except for emergency therapeutic abortions.
Applies to health benefit plan contracts issued, renewed, or amended on or after October 1, 2021.
Intro. by Lambeth, White, Potts, K. Baker. | GS 58 |
Part I
Modifies the requirements set out for certified reinsurers in GS 58-7-21(b)(4a) which qualify the domestic ceding insurer for credit as either an asset or a reduction from liability on account of reinsurance ceded. Amends the filing requirements that must be met for the reinsurer to be certified by the Commissioner of Insurance (Commissioner) to require annual filing of the most recent audited financial statements, regulatory filings, and actuarial opinion, with English translation (previously specified accounting principles required of financial statements, and allowed for international financial reporting standards). Additionally, requires audited financial statements for the last two rather than three years filed with the certified reinsurer's supervisor following initial certification. Makes conforming changes regarding the factors the Commissioner can consider during the evaluation process to assign a rating to each certified reinsurer not domiciled in the US.
Enacts GS 58-7-21(b)(4b) allowing for credit when the reinsurance is ceded from an insurer domiciled in the State to an assuming insurer licensed to transact reinsurance by, or have its head office or be domiciled in, a reciprocal jurisdiction. Defines reciprocal jurisdiction to mean a jurisdiction designated by the Commissioner on the published list of reciprocal jurisdictions which either (1) is a non-US jurisdiction subject to an in-force covered agreement with the US, each within its legal authority, or a member of the EU covered with an agreement between the US and the EU, (2) is a US jurisdiction that meets the requirements for accreditation under the National Association of Insurance Commissioners (NAIC) financial standards and accreditation program, or (3) a qualified jurisdiction that the Commissioner determines to meet four additional specified requirements, consistent with the terms and conditions of in-force covered agreements. Defines covered agreement to mean an agreement entered into pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act that is in effect or in a period of provisional application and addresses the elimination of collateral requirements as a condition for entering into any reinsurance agreement with a ceding insurer domiciled in the State or for allowing the ceding insurer to recognize credit for reinsurance. Details six conditions assuming insurers must meet for credit to be allowed when the reinsurance is ceded, including: (1) having and maintaining minimum capital and surplus calculated on an annual basis at $250 million, as specified; (2) having and maintaining a minimum solvency and capital ratio on an ongoing basis, as either specified by covered agreement, the Commissioner, the reciprocal jurisdiction, or statute, based on where the assuming insurer is domiciled and whether it is an association; (3) agreement to and provision of adequate assurance to the Commissioner in the form of a properly executed NAIC Form RJ-1 regarding notification of noncompliance with minimum requirements, consent to jurisdiction, consent to payment of final judgments, inclusion of full security provision in each reinsurance agreement, confirmation of no participation in a solvent scheme of arrangement, as defined, and agreement to meet the specified filing requirements; (4) provision of specified documentation requested by the Commissioner; (5) maintaining a practice of prompt payment of claims under reinsurance agreements, as evidenced by specified criteria; and (6) annual confirmation of compliance with minimum capital and surplus and solvency and capital ratio requirements. Allows for voluntary provision of information to the Commissioner.
Requires the Commissioner to create and publish a list of reciprocal jurisdictions, based on the NAIC published list. Allows for additions and removal of jurisdictions as specified. Also requires the Commissioner to create and publish a list of assuming insurers that have satisfied the conditions and to which cessions must be granted for credit, as specified. Authorizes the Commissioner to revoke or suspend eligibility of the assuming insurer for recognition if the Commission finds that an assuming insurer is no longer compliant. Details the effect of suspension and revocation.
Details procedure the Commissioner must follow before denying statement credit or imposing a requirements to post security, or adopting any similar requirement that will have substantially the same regulatory impact as security, including notice requirements and the opportunity for corrective action by the assuming insurer.
Authorizes seeking a court order requiring the assuming insurer to post security for outstanding ceded liabilities in the event the ceding insurer is subject to a legal process of rehabilitation, liquidation, or conservation. Specifies that parties to a reinsurance agreement can agree on security requirements or other terms unless expressly prohibited by law.
Limits the scope of new subsection (4b) to reinsurance agreements entered into, amended, or renewed on or after September 1, 2021, and only with respect to losses incurred and reserves reported on or after the later of the date on which the assuming insurer has met the eligibility requirements specified and the effective date of the new reinsurance agreement, amendment, or renewal. Specifies that ceding insurers' right to take credit for reinsurance under other applicable laws is not affected; assuming insurers are not authorized to withdraw or reduce the security provided under any reinsurance agreement except as permitted by the terms of the agreement; and the provisions do not limit parties' capacity to renegotiate any reinsurance agreement.
Makes changes to include credit allowed under new subsection (4b) in the existing provisions regarding exceptions for noncompliant assuming insurers, and required trust agreements.
Makes further technical changes.
Part II
Enacts GS 58-7-22 to establish general requirements for life insurance ceded for reserve financing purposes. Requires some or all of the assets to secure the reinsurance treaty or to capitalize the reinsurer to be either (1) issued by the ceding insurer or its affiliates, (2) not unconditionally available to satisfy the general account obligations of the ceding insurer, or (3) create a reimbursement, indemnification, or other similar obligation on the part of the ceding insurer or any of its affiliates, as specified. States the legislative purpose and intent, and provides nine defined terms. Sets the scope of the statute to include reinsurance treaties that cede liabilities pertaining to covered policies, as defined, issued by an life insurance company domiciled in the State. Defines covered policies to include (1) life insurance policies with guaranteed nonlevel gross premiums or guaranteed nonlevel benefits, excluding flexible premium universal life insurance policies, and (2) flexible premium universal life insurance policies with provisions resulting in the ability of a policyholder to keep a policy in force over a secondary guarantee period. Excludes grandfathered policies, defined as covered policies which were issued prior to January 1, 2015, that were ceded, as of December 31, 2014, as part of a reinsurance treaty that would not have met one of the exemptions set out in the statute had the statute been in effect.
Makes the statute, GS 58-7-21 (regarding credit allowed a domestic ceding insurer) and GS 58-7-26 (regarding asset or reduction from liability for reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of GS 58-7-21) applicable to those reinsurance treaties, with the statute superseding in case of conflict. Identifies six exemptions to the statute. Details the actuarial method to be applied to establish the required level of primary security, as defined, for each reinsurance treaty subject to the statute to be VM-20, as defined. Details valuation to be used for purposes of calculating the required level of primary security and determining the amount of primary security and other security held by or on behalf of the ceding insurer.
Establishes six conditions that must be met for credit to be allowed with respect to ceded liabilities pertaining to covered policies under GS 58-7-21(b) or GS 58-7-26(a), including (1) full establishment of credit reserves with claimed credit not exceeding the proportionate share of reserves ceded under the contract, (2) funds consisting of primary security are held by or on behalf of the ceding insurer on a funds withheld, trust, or modified coinsurance basis, (3) trusts used to satisfy the specified requirements comply with specified state regulation, except as provided, and (4) the Commissioner approves the reinsurance treaty. Requires satisfaction of the six conditions as of the date the risks under covered policies are ceded if that date is on or after the effective date of the act., and on an ongoing basis thereafter. Provides for deficiencies under the conditions.
Requires each life insurance company that has ceded reinsurance within the scope of the statute to perform an analysis prior to the due date of each quarterly or annual statement, to determine as to each reinsurance treaty whether as of the immediately preceding calendar quarter, the valuation meets the specified security conditions. Provides two exceptions.
Provides a severability clause. Precludes action to avoid the requirements of the statute.
Part III
Provides that the act is effective September 1, 2021, and applies to covered policies entered into, amended, or renewed on or after that date.
Intro. by Setzer, Humphrey. | GS 58 |
Amends GS 20-141.4 to require any intermediate punishment issued for a conviction of felony death by vehicle to include special probation with a continuous period of confinement of at least one-fourth of the maximum sentence of imprisonment imposed for the offense. Allows the continuous period of confinement to be for up to 27 months.
Amends GS 75A-10.3 to require any intermediate punishment issued for a conviction of felony death by impaired boating to include special probation with a continuous period of confinement of at least one-fourth of the maximum sentence of imprisonment imposed for the offense. Allows the continuous period of confinement to be for up to 27 months.
Applies to offenses committed on or after December 1, 2021.
Part I
Amends GS 115C-12 to require that the annual report card for each local school administrative unit include numerical school achievement and school growth scores and a separate corresponding letter grade of A-F for both the school achievement and school growth earned by each school within the unit. Makes conforming changes to GS 115C-47(58).
Amends GS 115C-83.15, establishing scales for school achievement grades and school growth grades based on school achievement scores and school growth scores. Enacts new subsection (b1) to now require the score for school achievement (determined pursuant to existing subsection (b)) to be used to determine the school achievement grade, according to the following scale, which cannot be modified to add any other designation related to other performance measures, such as plus or minus: a score of at least 85 is equivalent to an A, at least 70 is equivalent to a B, at least 55 is equivalent to a C, at least 40 is equivalent to a D, and less than 40 is equivalent to an F. Similarly, enacts new subsection (c1) to now require the score for school growth (determined pursuant to existing subsection (c)) to be converted by the State Board of Education (State Board) to a 100-point scale and used to determine the school growth grade, according to the following scale and modified to add any other designation related to other performance measures, such as plus or minus: a score of at least 90 is equivalent to an A, at least 80 is equivalent to a B, at least 70 is equivalent to a C, at least 60 is equivalent to a D, and less than 60 is equivalent to an F. Makes conforming changes throughout the statute. Adds to the information that must be displayed prominently on a report card, accessible to the public on the Department of Public Instruction's website, the percentage of schools receiving a school growth letter grade of A-F earned by each school located within a local school administrative unit and statewide.
Amends GS 115C-83.17 by defining school grades as the letter grades earned by a school for achievement and growth for all students served by a school. Defines school scores as the numerical scores earned by a school for achievement and growth. Makes further conforming changes to statutory references and terms.
Part II
Makes conforming changes to GS 115C-83.16, concerning school performance indicators for the purpose of compliance with federal law. Adds a new requirement for the State Board to calculate the overall school performance score by adding the school achievement score and the school growth score earned by a school, with the student achievement score accounting for 80% and the school growth score accounting for 20% of the total sum, for purposes of compliance with specified federal law. Makes conforming changes.
Makes further conforming changes to GS 115C-75.5, GS 115C-105.37, GS 115C-105.39A, GS 115C-218.65, GS 115C-218.94, GS 115C-238.66, GS 116-239.8, and GS 116-239.13.
Part III
Effective January 1, 2022, and applies to school achievement grades, growth grades, and report cards issued based on data from the 2021-22 school year.
Appropriates $250,000 in nonrecurring funds for 2021-22 from the General Fund to Scotland County, to be used as title indicates. Effective July 1, 2021.
Appropriates $3 million in nonrecurring funds for 2021-22 from the General Fund to Hoke County to be used as title indicates. Effective July 1, 2021.
Appropriates $3 million in nonrecurring funds for 2021-22 from the General Fund to Hoke County to be used as title indicates. Effective July 1, 2021.
Amends GS 116B-65 to allow the State Treasurer (Treasurer) to sell abandoned property five years (was, three years) after receiving it.
Repeals Section 2.6(b) of SL 2020-80, which effective March 15, 2021, would have amended GS 116B-67 to allow any person claiming property paid or delivered to the Treasurer to file a claim, instead of limiting claims to those exceeding $250. Now, amends GS 116B-67, to instead to allow a person to file a claim for property paid or delivered to the Treasurer if the amount claimed exceeds $500.
Effective March 31, 2021.
Intro. by Hurley. | GS 116B |
Amends GS 28A-4-2 to specify that a person who is employed by, acts as an agent for, serves as legal counsel for, or conducts business with a property finder (as defined in GS 116B-52), cannot serve as a personal representative.
Amends GS 116B-52 to define property finder to mean an individual or business entity, incorporated or otherwise, who, for fee or any other consideration, seeks to locate, deliver, recover, or assist in the recovery of property that is distributable to the owner or presumed abandoned.
Amends GS 28A-22-11 to a make an agreement by an heir to locate or recover a share of a decedent's estate, subject to Article 4 (North Carolina Unclaimed Property Act) of GS Chapter 116B (was, subject only to GS 116B-78).
Amends GS 116B-78 (agreement to locate property) to also make the statute applicable to an agreement by an apparent owner and requires that in order to be covered under the statute, that the agreement be entered into between a property finder and an owner or apparent owner with the stated purpose. Specifies that an agreement that does not meet the statute's requirements is void as well as unenforceable. Requires property finders (was, persons entering into an agreement with an owner) to register each calendar year with the Treasurer.
Enacts new GS 116B-78.1 regulating property finders as follows. Requires property finders to be licensed as a private investigator by the Private Protective Services Board. Prohibits property finders from initiating a claim with the Treasurer before being registered as a property finder or before being licensed as a private investigator. Allows denying registration for up to a year for failing to comply. Prohibits initiating a claim with the Treasurer before obtaining a valid agreement with an owner or apparent owner and allows suspending registration for up to one year for noncompliance. Allows suspending registration for up to one year when a property finder enters into an agreement to locate property that does not comply with GS 116B-78. Prohibits a property finder with a suspended registration from conducting business with the Unclaimed Property Division and requires any pending or potential claims to be denied during any period of suspension.
Subject to voter approval at the general election in 2022, adds a new Section 39 in Article I of the North Carolina Constitution providing as follows. States that it is a matter of indisputable scientific fact that a distinct and separate human life begins at the moment of fertilization. Provides that new human life is recognized by the State as an individual person, entitled to the protection under the State's laws from the moment of fertilization until natural death. Requires any person willfully seeking to destroy the life of another person, by any means, at any stage of life, or succeeds in doing so, to be held accountable for attempted murder or for first degree murder, respectively. Specifies that any person has the right to defend his or her own life or the life of another person, even by the use of deadly force if necessary, from willful destruction by another. States that the State has an interest and a duty to defend innocent persons from willful destruction of their lives and to punish those who take the lives of persons, born or unborn, who have not committed any crime punishable by death. If approved, effective upon certification.
Intro. by Pittman, Brody. | CONST |
The Daily Bulletin: 2021-02-24
Senate committee substitute to the 1st edition makes the following changes.
Amends GS 115C-218.105(g) to specify that the provisions are only with respect to the NC Medicaid program. Makes additional clarifying changes.
Deletes the proposed changes to GS 108D-35 (services covered by PHPs) that would have specified that the capitated contracts required by the statute do not cover services documented in an individualized education program or other document described in the Medicaid State Plan and provided or billed by a charter school qualified to certify public expenditures.
Senate committee substitute makes the following changes to the 1st edition.
Makes organizational and clarifying changes to GS 90‑726.2. 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).
Senate committee substitute makes the following changes to the 1st edition.
Now authorizes rather than requires all public and nonpublic high schools to allow spectators at outdoor sporting events for the remainder of the scheduled 2020-21 school year as specified by the act.
Adds that for outdoor sporting facilities allowing spectators to bring their own seats, individuals sitting in their own seats do not count toward the limit on the number of spectators so long as those individuals maintain at least six feet of distance between themselves and anyone outside of their family. Make additional clarifying and technical changes.
Intro. by Johnson, Sawyer, Britt. | UNCODIFIED |
Amends GS 116-143.6 by allowing UNC constituent institutions to adopt a resolution to consider all persons who receive full scholarships (including recipients of athletic scholarships, who were previously excluded) as state residents. Adds a new subsection deeming a change in residency status under the statute to have no effect on the financial aid amount a student can receive as determined by the Free Application for Federal Student Aid (FASFA).
Intro. by Hise. | GS 116 |
Enacts GS 103-16, designating June 19 as Juneteenth Observance Day.
Repeals SL 2007-450, which requires designation of June 19 as Juneteenth National Freedom Day upon that holiday, or similar, becoming a nationally recognized holiday.
Intro. by Lowe, Krawiec. | GS 103 |
Identical to H 127, filed 2/24/21.
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.
Identical to H 144, filed 2/24/21.
Section 1
Amends GS 90-29 to exclude registered dental hygienists qualified to administer local anesthetics from the practice of dentistry. Expands the practice of dentistry to include individuals who, by use of electronic or digital means, own, manage, supervise, control or conduct any enterprise wherein any act otherwise defined as the practice of dentistry is done, attempted to be done, or represented.
Enacts GS 90-30.2 authorizing teledentistry services to be delivered by a licensed dentist or licensed dental hygienist who is under the supervision of a licensed dentist. Requires informed consent of the patient or authorized person to be obtained prior to rendering teledentistry services and to be reflected in the patient's records, as specified. Allows for the transmission of data, electronic images, and related information appropriate to provide teledentistry services. Provides guidelines for patient care and explicitly authorizes evaluations to be conducted by a licensed dentist using teledentistry modalities. Details the determination of the encounter location for services provided. Mandates confidentiality consistent with HIPPA and other confidentiality laws and regulations regarding medical records. Additionally, requires patient records to be kept in the same manner as in-person dental records, as specified. Requires licensed dentists prescribing medication, lab services or dental lab services through teledentistry to adhere to applicable law and current standards of care, including appropriate documentation. Requires compliance with the NC Controlled Substance Reporting System, as appropriate.
Expands grounds for disciplinary action by the State Board of Dental Examiners (Board) authorized by GS 90-41 to include (1) allowing fee-splitting for the use of teledentistry services, and (2) limiting a patient's right or ability to raise grievances or file complaints with any appropriate oversight body.
Section 2
Expands the definition given for dental hygiene in GS 90-221 to include the administration of local anesthetics by infiltration and block techniques by certified dental hygienists under the direct supervision of a licensed dentist. Adds direct supervision to the defined terms used in Article 16, the Dental Hygiene Act.
Enacts GS 90-225.2 to establish clinical instruction requirements for licensed dental hygienists to qualify to administer local anesthetics. Requires instruction by lecture and lab or clinical formats at UNC School of Dentistry, ECU School of Dental Medicine, or a program accredited by the Council on Dental Accreditation (CODA), or similar federally approved organization. Requires at least a 30-hour session composed of 16 didactic hours and 14 clinical hours, with instruction by a dentist with a DDS or DMD degree. Sets standards for class ratios and scoring. Requires awarding a certificate upon successful completion.
Enacts GS 90-225.3 to establish requirements for the Board to approve licensed dental hygienists to administer local anesthetics, including completing the required education and training, and practicing under the supervision of a licensed dentist for the preceding two years. Requires two hours of continuing education annually, as specified. Details further authorities of the Board regarding additional education and training when applicants cannot satisfy the specified requirements.
Applies to licenses granted or renewed on or after October 1, 2021.
Authorizes the Board to adopt temporary implementing rules.
Intro. by Perry. | GS 90 |
Amends GS 130A-336 to allow improvement permits or authorizations for wastewater system construction that were issued by a local health department between January 1, 2000, through January 1, 2015, which have not been acted on and would have otherwise expired, to remain valid until January 1, 2024, rather than January 1, 2020, without penalty unless there are changes in hydraulic flows or wastewater characteristics from the original evaluation.
Intro. by Corbin. | GS 130A |
Amends GS 115C-12 by creating a new subsection (23a) and amends GS 115C-47(4) to provide that the powers and duties of the State Board of Education and local boards of education include providing all students with the opportunity to participate in interscholastic athletics programs. Requires the State Board of Education and local boards of education to adopt rules that allow public high school students who attend schools that do not have interscholastic athletics programs in any given sport to participate in the sport at the public high school closest to the student's school which has a program in that sport, subject to the terms and conditions applicable to a regularly enrolled member of that school's student body. Also, provides that a private school or home-schooled student may likewise participate in sports programs at the base public high school for the student's home address. Authorizes the public school providing an opportunity for students who attend other schools to participate in interscholastic athletics programs to charge a reasonable fee for participation to the student who is not enrolled in that school as established by the local board of education under GS 115C-47(6).
Makes a conforming change to GS 115C-47(6) regarding the administration of the fee charged to participating students in sports and other extracurricular activities.
Effective when the act becomes law and applies beginning with 2021-22 school year.
Intro. by Hise, Daniel, Sanderson. | GS 115C |
Enacts GS 115C-316.5, making specified appropriations from the General Fund to the Department of Public Instruction (DPI) for 2021-22 through 2030-31 (and subsequent fiscal years thereafter), to be allocated to local school administrative units to increase positions for school social workers and psychologists to meet specified statewide ratios of personnel to students. Appropriations increase from $50,882,384 for 2021-22, to $508,823,843 for 2030-21; specifies the amount for 2030-31 is also appropriated for each year thereafter. Statewide ratios decrease from 1:1,254 for social workers and 1:1,853 for psychologists for 2021-22, to 1:250 for social workers and 1:700 for psychologists for 2030-31, and each subsequent year thereafter. Directs the Director of the Budget to include the above appropriated amounts for each fiscal year in the instructional support allotment for DPI when developing the base budget. Effective July 1, 2021.
Identical to H 100, filed 2/16/21.
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.
Amends GS 14-234, which prohibits specified public officials from benefiting from public contracts, with exceptions. Amends the exception provided in subsection (d1) to allow a municipality or specified type of board or hospital to undertake or contract with one of its officials if approved by specific resolution of the appropriate governing body and the undertaking or contract amount does not exceed $60,000, rather than $40,000, for goods or services within a 12-month period. Maintains the $20,000 cap for medically related services. Requires compliance with other existing conditions for the exception to apply. Applies to contracts executed on or after the date the act becomes law.
Intro. by Sanderson. | GS 14 |
The Daily Bulletin: 2021-02-24
Amends GS 162-5.1 by adding Swain County to the scope of the statute, requiring that vacancies in the office of sheriff be filled as follows. Requires the county's coroner to execute all process directed to the sheriff until the board elects a sheriff to fill the vacancy for the remainder of the term. Sets out the qualification requirements and the process by which the board must select the replacement. Provides that if the office of coroner has been abolished, the chief deputy sheriff, or if there is no chief deputy, then the senior deputy in years of service, is to perform all the sheriff's duties until the county commissioners appoint a person to fill the unexpired term.
Intro. by Clampitt. | Swain |
The Daily Bulletin: 2021-02-24
Senate committee substitute amends the 1st edition as follows.
Adds to the proposed changes to GS 160A-58.1 to remove the cap on satellite annexations for the City of Shelby, in addition to the City of Stanley.
Makes conforming changes to the act's titles.
Senate committee substitute amends the 1st edition as follows.
Now authorizes rather than requires all public and nonpublic high schools to allow spectators at outdoor sporting events for the remainder of the scheduled 2020-21 school year as specified by the act.
Adds that for outdoor sporting facilities allowing spectators to bring their own seats, individuals sitting in their own seats do not count toward the limit on the number of spectators so long as those individuals maintain at least six feet of distance between themselves and anyone outside of their family. Make additional clarifying and technical changes.
Expands the scope of the act to also include Alamance, Haywood, Onslow, Randolph, Rockingham, Stokes, and Surry Counties.
Blank bill.
Intro. by Steinburg. | Camden, Chowan, Currituck, Dare, Gates, Hertford, Hyde, Pasquotank, Perquimans, Tyrrell, Washington |
Blank bill.
Intro. by Murdock. | Durham |
Authorizes the City of Winston-Salem to convey city-owned real property for the purpose of increasing the supply of affordable housing for low- and moderate-income persons, excluding property acquired through eminent domain. Allows use restrictions on the conveying deed consistent with the stated purpose for a specified period, with reversion to the city if the property ceases to be used for the stated purpose. Requires an authorizing resolution to be adopted by the governing board at a regular or special meeting prior to conveyance, with ten days' notice of the adopted resolution posted on the City's website prior to execution.
Intro. by Lowe, Krawiec. | Forsyth |
Blank bill.
Blank bill.
Intro. by Clark. | Cumberland, Hoke |
Amends the Charter of the City of Morganton, SL 1975-180, as amended, as follows.
Amends Section 2.14 to require the City Council (Council) to fill an unexpired mayoral term within 90 days following the vacancy, by majority vote (currently, no time period is included). Removes the clarification that the vote of the mayor is not required of the Council's vote determining mayoral inability to perform the duties of the office. Makes technical changes.
Makes technical changes to Section 2.15 concerning mayoral powers and duties. No longer specifies the appointing power for advisory, boards, commissions, and committees is for the mayor's information and assistance.
Repeals Section 3.12, which mandates that the City conduct city government elections unless otherwise provided by the Council.
Makes language gender neutral in Sections 4.11 and 4.12 concerning the city manager.
Amends Section 4.21 to require the city manager to appoint a city clerk (currently, the Council is required to designate the city manager as city clerk). Details the duties of the city clerk, expanding upon the existing duties. Authorizes the city manager to appoint or provide one or more deputy city clerks with the full authority granted to the city clerk as the city manager specifies.
Amends Sections 4.41 and 4.42 to no longer specify that the mayor is not included as a voting member of Council when creating commissions, councils or boards except in cases of equal division. Makes technical changes.
Intro. by Daniel. | Burke |
Blank bill.
Intro. by Garrett. | Guilford |
Blank bill.
Identical to H 140, filed 2/23/21.
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 Crawford. | Wake |
Actions on Bills: 2021-02-24
H 27: IN-SERVICE TRAINING/MAGISTRATES.
H 48: CONCEALED CARRY/EMERGENCY MEDICAL PERSONNEL.
H 49: CONCEALED CARRY PERMIT LAPSE/REVISE LAW.
H 73: TEMPORARILY WAIVE ABC PERMIT RENEWAL FEES. (NEW)
H 78: VARIOUS EDUCATION CHANGES. (NEW)
H 79: CLARIFY HS INSURANCE. (NEW)
H 82: SUMMER LEARNING CHOICE FOR NC FAMILIES.
H 121: CLARIFY EQIP FUNDING/DREDGING COST-SHARE. (NEW)
H 126: COMMUNITY COLLEGE SYSTEM SALARY INCREASES.
H 127: WF BAPTIST HEALTH REGIONAL AUTOPSY CTR FUNDS.
H 128: AN ACT TO REEMPLOY NC'S WORKFORCE. (NEW)
H 130: EAST COAST GREENWAY/STATE TRAILS.
H 131: STEVENS CENTER FUNDS/UNC SCHOOL OF THE ARTS.
H 132: JUVENILE CODE REV'S/CIP RECOMMENDATIONS.-AB
H 133: CREATE NC GOLF COUNCIL.
H 134: 2ND AMENDMENT PROTECTION ACT.
H 135: FUNDS FOR MARC, INC.
H 136: ENCOURAGE HEALTHY NC FOOD IN SCHOOLS.
H 137: STEVE TROXLER AGRICULTURAL SCIENCES CENTER. (NEW)
H 138: ADOPT WOUNDED HEROES DAY.
H 139: SOIL SCIENTIST/ON-SITE WASTEWATER CERT. BD.
H 141: PROMOTE NORTH CAROLINA SAWMILLS.
H 144: MEDICAID CHILDREN AND FAMILIES SPECIALTY PLAN. (NEW)
H 145: PROPERTY PROTECTION ACT/DVPO.
H 146: RESCIND CALLS FOR CONSTITUTIONAL CONVENTION.
H 147: RESTORE STATE EMP/TEACHER RETIREE MED BENEFIT.
H 148: SBI EMERGENCY PEN REGISTER/TRAP AND TRACE.
H 149: EXPANDING ACCESS TO HEALTHCARE. (NEW)
H 150: NCDOI NAIC ACCREDITATION.-AB
H 151: REQ ACTIVE TIME FELONY DEATH MV/BOAT.
H 152: MODIFY SCHOOL PERFORMANCE GRADES.
H 153: FUNDS/SCOTLAND CO. RECREATION CENTER.
H 154: FUNDS/HOKE NEW PARKS & REC FACILITY.
H 155: FUNDS/HOKE NEW SCHOOL OF ENGINEERING.
H 156: UNCLAIMED PROP. DIV. AMEND./DMV TECH CHNGS-AB. (NEW)
H 157: PROPERTY FINDER DEFINITION AND GOVERNANCE.-AB
H 158: CONST. AMEND./LIFE AT FERTILIZATION.
H 159: EDUCATION LAW CHANGES. (NEW)
S 31: POLITICAL SUBDIVISIONS/LOCAL BIDDERS NOTICE.
S 43: PROTECT RELIGIOUS MEETING PLACES.
S 50: ESTATE PLANNING LAW CHANGES.
S 52: SEX OFFENDER RESIDENCE RESTRICTION/CLARIFY.
S 66: REGULATE USE OF DEER SECRETIONS FOR HUNTING.
S 87: MEDICAID REIMBURSEMENT/CHARTER SCHOOLS.
S 103: REDUCE REG. TO HELP CHILDREN WITH AUTISM.
S 111: SENATE BOG ELECTIONS.
S 114: DES COVID MODIFICATIONS AND TECHNICAL CHANGES.
S 116: PUTTING NORTH CAROLINA BACK TO WORK ACT. (NEW)
S 126: CLEAN UP OBSOLETE BOARDS.
S 127: STATE EMPS./NO PAYROLL DUES DEDUCTION.
S 130: UNC BUILDING RESERVES/CERTAIN PROJECTS.
S 131: MOBILE BEAUTY SALONS.
S 132: ADOPT WOUNDED HEROES DAY.
S 133: UNC PEMBROKE/HEALTH SCIENCE CENTER FUNDS.
S 134: CONCEALED CARRY/EMERGENCY MEDICAL PERSONNEL.
S 135: IMPROVE ANATOMICAL GIFT DONATION PROCESS.
S 136: RELIEF FROM ARBITRARY EXECUTIVE ORDERS.
S 137: STUDY AND ABATE OCULAR MELANOMA/FUNDS.
S 138: FUNERAL DIR. EXAM/DEATH CERTS. (NEW)
S 140: ALLOW IN-STATE TUITION/ATHLETIC SCHOLARSHIPS.
S 143: JUNETEENTH OBSERVANCE DAY IN NC.
S 144: WF BAPTIST HEALTH REGIONAL AUTOPSY CTR FUNDS.
S 146: TELEDENTISTRY/RDH ADMIN. LOCAL ANESTHETIC.
S 148: WASTEWATER SYSTEM PERMIT EXTENSION.
S 152: ACCESS TO SPORTS/EXTRACURR. FOR ALL STUDENTS.
S 154: FULLY FUND SCHOOL SOCIAL WKRS & PSYCHOLOGISTS.
S 155: HIGHWAY CLEANUP ACT OF 2021.
S 156: INCREASE BENEFIT LIMIT ON PUBLIC CONTRACTS.
Actions on Bills: 2021-02-24
H 129: GRADUTATIONS/SCHOOL CALENDAR/CERTAIN COUNTIES. (NEW)
H 140: ZEBULON/BOARD APPOINT TOWN CLERK.
H 143: SWAIN COUNTY SHERIFF VACANCIES.
S 41: REMOVE CERTAIN SATELLITE ANNEXATION CAPS.
S 115: KICKOFF COLLEGE SPORTS ACT. (NEW)
S 125: VACANCIES/ROWLAND & MAYOR'S TERM/RED SPRINGS.
S 128: GOLDSTON/REMOVE CAP ON SATELLITE ANNEXATIONS (NEW).
S 129: 15TH SENATORIAL DISTRICT LOCAL ACT-1.
S 139: 4TH SENATORIAL DISTRICT LOCAL ACT-1.
S 141: 1ST SENATORIAL DISTRICT LOCAL ACT-1.
S 142: 20TH SENATORIAL DISTRICT LOCAL ACT-1.
S 145: WINSTON-SALEM/REAL PROPERTY CONVEYANCES.
S 147: 18TH SENATORIAL DISTRICT LOCAL ACT-1.
S 149: 21ST SENATORIAL DISTRICT LOCAL ACT-1.
S 150: VARIOUS LOCAL ACT CHANGES. (NEW)
S 151: 27TH SENATORIAL DISTRICT LOCAL ACT-1.
S 153: 23RD SENATORIAL DISTRICT LOCAL ACT-1.
S 157: ZEBULON/BOARD APPOINT TOWN CLERK.
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