The Daily Bulletin: 2021-03-02

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The Daily Bulletin: 2021-03-02

PUBLIC/HOUSE BILLS
H 71 (2021-2022) LIVING DONOR PROTECTION ACT. Filed Feb 11 2021, AN ACT TO PROTECT LIVING DONORS FROM POTENTIAL INSURANCE DISCRIMINATION, TO PROVIDE AN INCOME TAX CREDIT FOR UNREIMBURSED MEDICAL EXPENSES RESULTING FROM CERTAIN ORGAN AND MARROW DONATIONS, AND TO PROVIDE UP TO THIRTY DAYS' PAID LEAVE TO STATE EMPLOYEES AND OTHER STATE-SUPPORTED PERSONNEL WHO SERVE AS LIVING ORGAN DONORS AND UP TO SEVEN DAYS' PAID LEAVE FOR BONE MARROW DONORS.

House committee substitute amends the 1st edition as follows. 

Amends proposed GS 58-3-25(d), which prohibits an insurer from refusing to insure, limiting coverage to, or discriminating against an individual based solely and without any additional actuarial risks on the status of an individual as a living organ donor, including charging a different amount for the same coverage. Now defines living organ donor to mean a living individual who donates one or more of that individual's human organs, including bone marrow, to be medically transplanted into the body of another individual (was, to another individual to be transplanted using a medical procedure to the body of that other individual).

Intro. by Shepard, Hurley, Morey.GS 58, GS 105, GS 126, GS 131E
H 95 (2021-2022) WHOLESALE RX DISTRIBUTION LICENSEE CHANGE. (NEW) Filed Feb 16 2021, AN ACT TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE TO REVIEW AN APPLICATION AND ISSUE OR DENY A LICENSE FOR WHOLESALE DISTRIBUTION OF PRESCRIPTION DRUGS THAT IS CONDITIONED UPON APPROVAL OF A PRESCRIPTION DRUG UNDER FEDERAL LAW WHILE THE FEDERAL APPROVAL PROCESS IS PENDING.

House committee substitute amends the 1st edition as follows.

Adds to the proposed changes to GS 130A-412.7 to specify that an anatomical gift donor who originally became a donor in another jurisdiction by authorizing that a statement or symbol imprinted on the donor's drivers license or identification card indicating that the donor has made an anatomical gift and who applies for a drivers license or identification card in this State (previously did not specify the method and application), 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. 

Intro. by Sasser, Potts, Carney, K. Baker.GS 130A
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.

House committee substitute amends the 1st edition as follows. 

Expands the scope of the proposed requirements for attendance at sporting events at qualifying schools to make the requirements also applicable to graduation or commencement ceremonies and other outdoor activities including but not limited to drama performances, club events, and speaker series. Modifies attendance requirements to now set a permitted occupancy range for each facility with a capacity stated on the facility's certificate of occupancy in accordance with the State Building Code, limiting spectators to no less than 30% (was 25%) and no more than 50% capacity. Adds criteria for facilities that do not have an occupancy capacity under the State Building Code, requiring no more than 14 spectators for every 1,000 square feet. Requires qualifying schools to comply with Interim Guidance for Administrators and Participants of Youth and Amateur Sports Programs, as it existed on February 26, 2021 (was January 28, 2021) so long as the requirements do not conflict with the act. Makes conforming changes to the definition given for spectators to exclude graduating students at graduation or commencement ceremonies, and additionally excludes a member of the immediate household of an athlete or graduating student from the term. Now makes the act applicable at any time when the occupancy capacity of indoor or outdoor gatherings is limited to less than 50% by an executive order, secretarial order, or emergency directive and related to the COVID-19 pandemic. Changes the act's expiration, now setting the act to expire on December 31, 2021 (was, 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). 

Changes the act's long title.

Intro. by K. Hall, Elmore, D. Hall, Willis.UNCODIFIED
H 196 (2021-2022) 2021 COVID-19 RESPONSE & RELIEF. Filed Mar 1 2021, AN ACT TO MAKE MODIFICATIONS TO COVID-19 RELIEF LEGISLATION AND PROVIDE ADDITIONAL APPROPRIATIONS FOR THE EXPENDITURE OF FEDERAL COVID-19 PANDEMIC RELIEF FUNDS.

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

Part I

Section 1.2

Modifies proposed Section 5A of SL 2021-1, which directs the Department of Public Instruction (DPI) to use reserved federal funds from the Elementary and Secondary Emergency Relief II (ESSER II) Fund in specified amounts for specified purposes. Regarding the $1 million to be used to contract with a third party to conduct a statewide assessment of the cybersecurity capabilities of public schools and threats posed to public schools in response to COVID-19, deems both the assessment and the report submitted by DPI confidential and not a public record (previously only required confidential reporting by DPI). Regarding the $9 million to be used to implement a statewide cybersecurity program, now requires DPI to contact with a third-party entity, which must be a business entity with broad experience in cybersecurity services, including a history of successful contracts in this State and at least one other state; bars the entity from having its principal office located in China or Russia (previously, allowed DPI or a contracted third party to operate the program; did not specify contracting requirements). Eliminates previously proposed subdivisions (16) and (17), which duplicated directives regarding statewide assessments of public school unit cybersecurity capabilities and implementing a statewide cybersecurity program. Makes conforming changes.

Section 1.7

Modifies the allocations of federal funds received pursuant to the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (CRRSAA) for Highway Infrastructure Programs appropriated to the Department of Transportation (DOT) in amounts specified in federal guidance, now requiring the funds to be used and allocated by DOT with (1) $229,282,615 to the Highway Trust Fund to fund and bill State Transportation Improvement (STI) projects and use federal cash reimbursements to advance delayed STI projects, with all funds used to advance delayed bridge replacement and interstate maintenance; and (2) $29,454,289 to be suballocated to urbanized areas with a population of over 200,000 as set forth in federal guidance (previous allocations were $30 million to DOT for maintenance activities within the Roadside Environmental Unit for litter removal and other programmed activities, $199,282,615 to the Highway Trust Fund to advance the State Transportation Improvement Program delayed projects and delayed bridge replacement and interstate maintenance, and $29,454,289 to be suballocated to urbanized areas with a population of over 200,000 as set forth in federal guidance). Makes conforming changes.

Part II

Makes a technical change to the bill heading given to Section 2.2.

Section 2.13

Further amends Section 3D.7 of SL 2020-3, which enacted Article 1L, Emergency or Disaster Treatment Protection Act, by making the section applicable to acts or omissions occurring during either the pendency of Executive Order No. 116 or during any subsequent time period which a state of emergency is declared to be in effect by the Governor, in any year, in response to COVID-19 (previously amended to be applicable to acts or omissions occurring during the time of Executive Order No. 116). Specifies that the clarifications in the section are consistent with the intent and purpose of the section as originally enacted. No longer specifies that the section applies retroactively to acts and omissions occurring on or after May 4, 2020.

Adds new Section 2.23 as follows.

Authorizes a justice or judge to administer the required oath prescribed for attorneys to an attorney remotely using a form of live video conferencing technology, so long as the individual attorney is personally known to the justice or judge or otherwise provides satisfactory evidence of identity. Expires December 1, 2021. 

Intro. by Faircloth, Bumgardner, K. Hall, Strickland.APPROP, GS 10B, GS 90, GS 131D, GS 153A, GS 160A
H 196 (2021-2022) 2021 COVID-19 RESPONSE & RELIEF. Filed Mar 1 2021, AN ACT TO MAKE MODIFICATIONS TO COVID-19 RELIEF LEGISLATION AND PROVIDE ADDITIONAL APPROPRIATIONS FOR THE EXPENDITURE OF FEDERAL COVID-19 PANDEMIC RELIEF FUNDS.

House committee substitute #2 makes the following changes to the 2nd edition.

Part I

Section 1.5

Modifies the authorized uses of the federal Child Care and Development Block Grant funds received for the fiscal year ending June 30, 2021, pursuant to the Consolidated Appropriations Act, 2021, appropriated to the Department of Health and Human Services (DHHS), Division of Child Development and Early Education (Division). Now requires the funds be used, for the remainder of 2020-21, by the Division to pay for all copayment assistance for families eligible for subsidized child care, and thereafter authorizes the Division to use the remainder of these funds on cleaning and sanitation needs, operational grants for child care providers, and early childhood education learning loss and summer enrichment activities (previously required the funds be used for cleaning and sanitation and copayment assistance for families receiving subsidized childcare, with legislative encouragement to use the some of the funds to address early childhood education learning loss, with authorization to use funds remaining upon maximizing the use for previously specified initiatives, for operational grants to childcare providers). No longer explicitly bars using the funds for staff bonuses. 

Part II

Section 2.9

Modifies the proposed changes to GS 90-85.15B to specify that the authority granted to an immunizing pharmacist to administer a long-acting injectable medication to persons 18 or older must be pursuant to a specific prescription order initiated by a prescriber following a physical examination of the patient by the prescriber (previously only specified that the administration be pursuant to a specific prescription order by a prescriber). Amends the related proposed requirements to require the immunizing pharmacist to notify the prescriber regarding which medication and dosage was administered to the patient (previously simply required notification of the patient's primary care provider) within 72 hours of administration. 

Section 2.12

Eliminates all provisions of Section 2.12, which extended the expiration date of Section 3E.3 of SL 2020-3, which (1) suspended all annual and biennial inspections and regular monitoring requirements for specified licensed facilities except as necessary to avoid serious injury, harm, impairment, or death to employees, residents, or patients of these facilities or as directed by the Centers for Medicare and Medicaid Services and (2) required training on infection control and the proper use of personal protective equipment for employees of facilities that were determined to be in violation, assessed penalties, or placed on probation within the six-month period preceding the beginning of the COVID-19 emergency, for noncompliance with rules, statutes, or guidelines on infection control or the proper use of personal protective equipment.

Section 2.15

Eliminates all provisions of Section 2.15, which amended GS 131D-2.4 concerning provisional licenses and suspension of admissions at adult care homes and requiring the Medical Care Commission to amend and update the specified related rule and any other impacted rule to reflect the changes made in the section.

Section 2.19

Changes the repeal dates for proposed Article 21 in GS Chapter 153A (applicable to counties) and Article 31 in GS Chapter 160A (applicable to cities), which allow a tourism development authority to enter into a PPP loan. Now provides for the Articles' repeal on January 1, 2022, rather than January 1, 2028.

Part III

Section 3.1

Modifies the new $3 million allocation of Coronavirus Relief Funds to the Department of Commerce by the Office of State Budget and Management added to Section 3.3 of SL 2020-4, as amended. Now requires the Department of Commerce to use the funds to contract with a North Carolina nonprofit as a stimulus investment in North Carolina's marketing budget to be used to market North Carolina (was more specifically to be used to contract with a NC nonprofit as a stimulus investment in Visit North Carolina’s marketing budget to be used to market the state as a business and tourism destination).

Section 3.2

Eliminates the allocation amounts specified for appropriated funds as a grant to Conover. Maintains the three previously authorized uses of the funds. 

Intro. by Faircloth, Bumgardner, K. Hall, Strickland.APPROP, GS 10B, GS 90, GS 131D, GS 153A, GS 160A
H 198 (2021-2022) FOREST SERVICE CHANGES. Filed Mar 2 2021, AN ACT TO ALLOW MAGISTRATES TO WAIVE TRIALS FOR STATE FOREST RULE OFFENSES; TO EXEMPT CERTAIN FIRES FROM OPEN BURNING LAWS; TO MODIFY OVERTIME POLICY FOR THE NORTH CAROLINA FOREST SERVICE; AND TO CLARIFY THE USE OF FUNDS FOR CONSTRUCTION OF FOREST SERVICE HEADQUARTERS.

Amends GS 7A-273 to authorize magistrates to accept written appearances, waivers of trial or hearing and pleas, and enter judgment and collect fines or penalties and costs, for misdemeanor or infraction cases involving State forest rule offenses under Articles 74 and 75 of GS Chapter 106, which govern State forests including protection and fire control. 

Enacts GS 106-950(c) to exclude from the open fire regulations set out in Article 78 any fires started or caused to be started for cooking, warming, or ceremonial events where the fire is confined within an enclosure from which the burning material cannot escape or within a protected areas upon which a watch is being maintained and which is provided with adequate fire protection equipment. Specifies that this exception does not apply when the Commissioner of Agriculture and Consumer Services has prohibited all open burning during periods of hazardous forest fire conditions or during air pollution episodes declared under Article 21B of GS Chapter 143. 

Makes the above provisions effective December 1, 2021, and applicable to offenses committed on or after that date. 

Amends GS 106-903 to authorize the Department of Agriculture and Consumer Services to alternatively provide compensatory leave at an hour for hour rate in lieu of the monetary overtime compensation requirement for professional employees of the Forest Service for overtime earned while conducting fire suppression duties, as defined in state law (previously, more generally required monetary overtime compensation for those described employees involved in fighting forest fires). Adds that compensatory leave must be provided in a manner consistent with State policies for exempt employees established by the Office of State Human Resources. Applies to overtime earned on or after the date the act becomes law. 

Intro. by McNeely, Greene, Dixon, Strickland.GS 7A, GS 106
H 200 (2021-2022) LIFETIME CONCEALED HANDGUN PERMIT. Filed Mar 2 2021, AN ACT TO AUTHORIZE THE ISSUANCE OF A LIFETIME CONCEALED HANDGUN PERMIT.

Amends GS 14-415.11 to make concealed carry permits valid until revoked or suspended, rather than for a period of five years from the date of issuance under current law. Requires permittees to notify the sheriff of the county where the person resides within 30 days of any address change (previously required notification of the issuing sheriff). Makes conforming changes to eliminate references to permit expiration in GS 14-415.11, GS 14-415.18, and GS 14-415.19, and conforming repeals of GS 14-415.16 and GS 14-416.16A. 

Enacts GS 14-415.17(d) to require sheriffs to provide permittee address changes to the State Bureau of Investigation for inclusion in the statewide list of permittees. 

Adds to the grounds for permit revocation set out in GS 14-415.17 to include that the person is no longer a State resident. 

Allows for renewal of permits issued prior to December 1, 2021, and expiring on or after that date, pursuant to existing provisions.

Applies to all permits issued or renewed on or after December 1, 2021. 

Intro. by Adams, Bumgardner, Hanig, Willis.GS 14
H 203 (2021-2022) EXTEND DEADLINE FOR POLICE TELECOMMUNICATORS. Filed Mar 2 2021, AN ACT TO EXTEND THE DEADLINE FOR CERTIFICATION OF POLICE TELECOMMUNICATORS.

Amends GS 17E-7(c2), which requires any person employed as a telecommunicator by a municipal police agency to meet all requirements set for telecommunicators in GS Chapter 17E, effective July 1, 2021, to now make the requirements effective July 1, 2022.

Intro. by Faircloth, McNeill, C. Smith, Greene.GS 17E
H 205 (2021-2022) ABUSE & NEGLECT RESOURCES IN PUBLIC SCHOOLS. Filed Mar 2 2021, AN ACT TO REQUIRE PUBLIC SCHOOLS TO PROVIDE STUDENTS WITH INFORMATION AND RESOURCES ON CHILD ABUSE AND NEGLECT, INCLUDING SEXUAL ABUSE.

Amends GS 115C-12, which sets out the State Board of Education's (Board) powers and duties, by adding the requirement in (47) that the Board, in consultation with the Superintendent of Public Instruction, adopt a policy that must be implemented by the governing body of each public secondary school, to provide students in grades 6-12 with information on child abuse and neglect, including age-appropriate information on sexual abuse. Specifies that the policy applies at public secondary schools controlled by the Board, including schools for students with visual and hearing impairments. Requires the information to be provided in a document given to students at the beginning of each school year and in a poster displayed in visible, high-traffic areas throughout each school. Sets out the minimum information that must be included. Amends GS 115C-218.75 and GS 115C-238.66 to require charter schools and regional schools, to also implement this policy. Amends GS 116-11(12e) to require the UNC Board of Governors to implement the policy adopted by the Board, as required in GS 115C-12(47), for all public secondary schools under the Board of Governors' control. Amends Section 6 of SL 2018-32 to also make a local board of education with an approved renewal school system plan subject to the requirement in GS 115C-12(47). Applies beginning with the 2021-22 school year.

Intro. by Davis, White, Hastings, Hurley.GS 115C, GS 116
H 207 (2021-2022) FUNDS BAILEY SEWER IMPROVEMENTS. Filed Mar 2 2021, AN ACT APPROPRIATING FUNDS TO THE TOWN OF BAILEY TO MAKE IMPROVEMENTS TO ITS SEWER TREATMENT SYSTEM.

Appropriates $5 million in nonrecurring funds for 2021-22 from the General Fund to the Town of Bailey to be used as title indicates. Specifies allowable uses of the funds. Effective July 1, 2021.

Intro. by Winslow.APPROP, Nash
H 208 (2021-2022) ELIM. CESSION OF CLEAN RISKS TO FACILITY. Filed Mar 2 2021, AN ACT TO ELIMINATE THE CESSION OF CLEAN RISKS TO THE REINSURANCE FACILITY.

Makes organizational changes to move the definition given for the term clean risk as it is used in Article 37, which governs the NC Motor Vehicle Reinsurance Facility (Facility). Moves the definition from GS 58-37-35 to the Article's definitions statute, GS 58-37-1.

Enacts GS 58-37-33 to prohibit an insurer from ceding any policy or renewal thereof held by a clean risk to the Facility. 

Further amends GS 58-37-35 to eliminate provisions regarding subclassifications and rates for clean risks.

Applies to policies issued or renewed after October 1, 2021. 

Intro. by Cleveland, Setzer, Howard, Faircloth.GS 58
H 209 (2021-2022) SUPPORT STATEWIDE TELEPSYCHIATRY PROGRAM. Filed Mar 2 2021, AN ACT APPROPRIATING FUNDS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO EXPAND THE STATEWIDE TELEPSYCHIATRY PROGRAM (NC-STEP).

Appropriates $1 million in recurring funds from the General Fund to the Department of Health and Human Services, Division of Central Management and Support, Office of Rural Health for each year of the the 2021-23 biennium. Requires allocation of the funds to the ECU Center for Telepsychiatry and e-Behavioral Health for the statewide telepsychiatry program established under specified State law, to establish five new NC-STeP sites in underserved areas across the State in an integrated care model of community-based behavioral health. Requires the program to be embedded in currently operational primary care clinics and provide evidence-based, outpatient mental health care to patients who currently lack access to this care. Effective July 1, 2021.

Intro. by K. Baker, Lambeth, White, Sasser.APPROP
H 210 (2021-2022) RESTRICT CASH BAIL FOR CERTAIN MISDEMEANORS. Filed Mar 2 2021, AN ACT TO RESTRICT THE IMPOSITION OF CASH BAIL AS A CONDITION OF PRETRIAL RELEASE WHEN A DEFENDANT IS CHARGED WITH ONLY MISDEMEANOR CHARGES.

Amends GS 15A-534 to prohibit judicial officials from imposing a bond secured by a cash deposit as a condition of pretrial release pursuant to subdivision (a)(4) if no charge against the defendant is more severe than a Class 2 misdemeanor, unless the judicial official makes a written finding that the defendant will pose a danger to any person, will likely destroy evidence, or will likely fail to appear in court as required. Additionally, prohibits judicial officials from imposing a bond secured by cash as a condition of pretrial release pursuant to subdivision (a)(4) if the defendant is charged with only misdemeanor charges, unless the judicial official (1) has first considered whether the condition of unsecured bond pursuant to subdivision (a)(2) would be an appropriate condition, and recorded reasons for finding that condition would not be appropriate. Applies to conditions of pretrial release imposed on or after December 1, 2021. 

Intro. by Morey, A. Jones, Autry, Harrison.GS 15A

The Daily Bulletin: 2021-03-02

PUBLIC/SENATE BILLS
S 113 (2021-2022) MODIFY TERMINATION OF PARENTAL RIGHTS APPEALS. Filed Feb 17 2021, AN ACT TO MODIFY THE RIGHT TO APPEAL IN TERMINATION OF PARENTAL RIGHTS CASES.

Senate committee substitute amends the 1st edition as follows. 

Modifies the proposed changes to GS 7B-1001(a) regarding appeals of right from certain orders concerning juvenile matters. Rather than eliminating the right to appeal directly to the Supreme Court for orders eliminating reunification as a permanent plan that satisfy three procedural conditions under subdivision (a1)(2) with no comparable replacement provision for such appeals, eliminates the right to appeal directly to the Supreme Court under subdivision (a1)(2) and creates a right of appeal directly to the Court of Appeals under new subdivision (a)(8) for such orders that satisfy three procedural conditions identical to those in existing law for orders that can be appealed directly to the Supreme Court. Now requires the Court of Appeals, rather than the Supreme Court, to review the order eliminating reunification together with an appeal of the order terminating parental rights for appeals filed pursuant to new subdivision (a)(8). Maintains that the order terminating parental rights must be vacated if the order eliminating reunification is vacated. Makes conforming organizational changes. Applies to appeals filed on or after October 1, 2021. 

Intro. by Britt, Sanderson, Daniel.GS 7A, GS 7B
S 173 (2021-2022) FREE THE SMILES ACT. (NEW) Filed Mar 2 2021, AN ACT TO PROVIDE PARENTAL DISCRETION IN REQUIREMENTS FOR FACE COVERINGS ON PUBLIC SCHOOL UNIT PROPERTYCE COVERING DETERMINATIONS DURING THE 2021-2022 SCHOOL YEAR.

Enacts new Article 18I, Occupational Therapy Licensure Compact, to GS Chapter 90. States the purpose and objectives of the Occupational Therapy Licensure Compact (Compact) and sets forth 26 defined terms. Grants licensed occupational therapists and occupational therapist assistants the privilege to practice in Compact states, subject to the requirements and restrictions provided in the Compact. Sets criteria for State participation in the Compact, including having a mechanism in place for receiving and investigating complaints about licensees. Requires states to use procedures for considering criminal history records for initial privileges, including fingerprinting or similar biometric-based procedures to obtain criminal history records from the FBI and the respective state's criminal history database. Details further requirements of states regarding criminal background checks of applicants. Establishes qualifications licensees must meet to exercise the Compact privilege, including having no encumbrances on any state license and having notified the Occupational Therapy Compact Commission (Commission) that the licensee is seeking the privilege in a remote state. Establishes that the privilege to practice is derived from the home state license, and provides for the jurisdiction of the remote member state in regards to practicing laws and licensure. Authorizes member states to charge a fee for granting a compact privilege. Requires occupational therapy assistants practicing in remote states to be supervised by an occupational therapist licensed or holding a Compact privilege in that remote state. 

Limits occupational therapists and occupational therapy assistants to one home state license at a time and provides for privilege validity until expiration of the home state license. Provides for obtaining a new home state license by virtue of the Compact privilege. Sets forth detailed parameters regarding practice in remote member states. Allows remote state regulatory authorities to remove a Compact privilege, impose fines, and take other adverse actions. Also authorizes remote states to issue subpoenas for hearings and investigations. Restricts authority to take adverse action against a license issued by the home state to the home state. Mandates loss of privilege in any remote state if a home state license is encumbered until the home state license is no longer encumbered and two years have elapsed from the date of the adverse action, subject to initial privilege requirements. Provides for active duty military personnel and their spouses' home state designation. Establishes parameters for adverse actions, investigations, and required notifications.

Establishes the Occupational Therapy Compact Commission (Commission) as a joint public agency created by member states. Provides for Commission membership, voting, meetings, powers and duties, executive committee, financing, recordkeeping, and member qualified immunity, defense, and indemnification. Among the 19 powers and duties charged of the Committee, includes prosecuting legal proceedings and actions, and the acquisition and disposal of property. Requires the Commission to provide for the development, maintenance and use of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in members states. Provides for reporting, access, and removal of specified information by member states. Provides for Commission rulemaking procedures and effect, as well as member state rejection of a Commission rule. Details dispute resolution procedures between member states and Compact enforcement. 

Provides for the Compact to become effective upon enactment in the 10th member state. Details initial Commission powers, effect of Commission rules on joining states, member withdrawal procedures, and Compact amendment parameters. 

Deems the provisions of the Compact severable and advises on its construction and effect on other laws. 

Conditions the effectiveness of the Compact to when at least 10 state have enacted the Compact, as set forth in Article 18I. Requires the Board of Occupational Therapy to report to the Revisor of Statutes at that time. 

Intro. by Krawiec, Burgin, Perry.GS 90
S 174 (2021-2022) STATE HEALTH PLAN DATA TRANSPARENCY.-AB Filed Mar 2 2021, AN ACT ALLOWING THE NORTH CAROLINA STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES TO ACCESS AND UTILIZE ITS OWN CLAIMS PAYMENT DATA WHILE CONTINUING TO PROTECT THE CONFIDENTIALITY OF THE INFORMATION.

Identical to H 169, filed 2/25/21.

Amends GS 135-48.1, which sets forth defined terms used under the provisions governing the State Health Plan for Teachers and State Employees (SHP), to include data fields that reflect the rate negotiated with or agreed to by the provider in the term Claim Payment Data. 

Amends GS 135-48.32 to require the SHP Claims Processor to disclose the Claim Payment Data on a member level for claims paid by State funds. Now requires the Claims Processor to disclose Claim Payment Data that reflects rates negotiated with or agreed to by a noncontracted third party (previously not required, but required provisions of documentation to SHP to support payment of claims). Modifies the confidentiality provisions as follows. No longer specifically prohibits use or disclosure of Claim Payment Data that would compromise the or misappropriate the data. Exempts Claim Payment Data from public records laws. No longer prohibits SHP from using Claim Payment Data to negotiate rates, fee schedules, or other master changes with providers. No longer qualifies SHP's authority to disclose Claim Payment Data to third parties to use on SHP's behalf on the agreement of the Claims Processor. Now requires SHP to provide notice to, rather than obtain the approval of, the Claims Processor for each third party SHP seeks to disclose to or who will make use of Claim Payment Data.

Effective January 1, 2022.

Intro. by Krawiec, Burgin, Perry.GS 135
S 175 (2021-2022) AMEND SCOPE OF PRACTICE/COSM./ESTH. Filed Mar 2 2021, AN ACT TO AMEND THE SCOPE OF PRACTICE FOR COSMETOLOGISTS AND ESTHETICIANS TO INCLUDE DERMAPLANING.

Amends GS 88B-2 to include the practice of dermaplaning in the definition given for esthetics as the term is used in the Chapter, which governs cosmetic art. Defines dermaplaning to mean the controlled scraping of the skin using a sterile, surgical blade held at a specified angle for the removal of skin cells as specified; bars dermaplaning on the same day as specified peels or exfoliation treatments and procedures. 

Authorizes the Board of Cosmetic Art Examiners to adopt temporary implementing rules. 

Effective October 1, 2021.

Intro. by Sawyer, Galey, Barnes.GS 88B
S 176 (2021-2022) MOBILE BARBERSHOPS. Filed Mar 2 2021, AN ACT TO AUTHORIZE AND REGULATE THE OPERATION AND SANITATION OF MOBILE BARBERSHOPS.

Makes the following changes to GS Chapter 86A, governing barbers.

Expands authority of the Board of Barber Examiners (Board) to include inspecting and adopting sanitary regulations for mobile barbershops. Requires a permit in order to operate or manage a mobile barbershop. Sets the permit application and annual fee for mobile barbershops at $50, with a $45 late fee, and sets inspection of newly established mobile barbershops at $120. Enacts GS 86A-13A authorizing motor homes to be used as a mobile barbershop for the practice of barbering. Provides for permitting, the Board's rulemaking, and other requirements regarding mobile barbershops, 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 specified. Makes conforming changes to the Chapter to make the Chapter's licensing requirements and regulations applicable to mobile barbershops.

Effective October 1, 2021.

Intro. by Mayfield, Krawiec, Waddell.GS 86A

The Daily Bulletin: 2021-03-02

LOCAL/HOUSE BILLS
H 118 (2021-2022) BUNCOMBE SCHOOL BD ELECTION. (NEW) Filed Feb 17 2021, AN ACT TO PROVIDE THAT SIX MEMBERS OF THE BUNCOMBE COUNTY BOARD OF EDUCATION BE ELECTED BY ELIGIBLE VOTERS FROM THE DISTRICT THOSE MEMBERS REPRESENT.

House committee substitute amends the 1st edition as follows.

Expands the scope of the act to also include Avery, Cherokee, Clay, Davidson, Graham, Macon, Madison, McDowell, Mitchell, Montgomery, Rowan, Stanly County, Union, and Yancey Counties (was, Union County only).

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. Makes additional clarifying and technical changes. 

Changes the act's long title.

H 199 (2021-2022) MOORESVILLE TOURISM DEVELOPMENT AUTH. CHANGE. Filed Mar 2 2021, AN ACT TO MODIFY THE MEMBERSHIP OF THE MOORESVILLE TOURISM DEVELOPMENT AUTHORITY.

Amends the membership of the Mooresville Travel and Tourism Authority (Authority), set by SL 1991-296, as amended. Modifies current requirements to include one member rather than two representing the Mooresville-South Iredell Chamber of Commerce, and three rather than two members representing the motel or travel and tourism industry. Adds the following members: one member representing sites and attractions that increase the use of lodging, meeting, or convention facilities in the area or attract tourists or business travelers to the area, and one member appointed by the Mooresville Town Board (Town Board). Specifies that the Town Board must designate a voting member as chair (was, a member). Authorizes the Town Board to amend the resolution creating the Authority so long as the amendments are consistent with the act. Regarding the Authority’s directive to adopt rules of procedure to govern its meetings, adds a new requirement for the rules of procedure to include the rules of membership and attendance that pertain to other boards and committees appointed by the Town Board which are consistent with the act. 

Intro. by Mills.Iredell
H 201 (2021-2022) ACADEMIC ALIGNMENT/CERTAIN SCHOOL UNITS. Filed Mar 2 2021, AN ACT TO ALLOW CERTAIN LOCAL SCHOOL ADMINISTRATIVE UNITS TO ALIGN THE SCHOOL CALENDARS OF THOSE UNITS WITH LOCAL COMMUNITY COLLEGES.

Includes whereas clauses. Applicable to Rockingham, Stokes, Surry, and Union County Schools only, amends GS 115C-84.2(d) to authorize the local boards of education to set the opening date of public schools to align with the opening date of a community college serving the county in which the school unit is located. Makes technical changes. Applies beginning with the 2021-22 school year. 

Intro. by Arp, Stevens, Brody, Willis.Rockingham, Stokes, Surry, Union
H 202 (2021-2022) SCHOOL CALENDAR FLEXIBILITY/HARNETT COUNTY. Filed Mar 2 2021, AN ACT TO PROVIDE ADDITIONAL FLEXIBILITY TO HARNETT COUNTY SCHOOLS, JACKSON COUNTY PUBLIC SCHOOLS, AND SWAIN COUNTY SCHOOLS IN ADOPTING THE SCHOOL CALENDAR.

Under current law, GS 115C-84.2(d) provides authority to local boards of education to determine the opening and closing dates for public schools under GS 115C-84.2(a)(1). However, the local boards must comply with specified parameters for the opening and closing dates of public schools as provided. Subsection (d) also provides criteria under which the State Board of Education may waive those requirements upon a showing of good cause by a local board of education. 

Amends GS 115C-84.2(d) as the title indicates, applicable to Harnett County Schools only, by eliminating the opening and closing date restrictions. Makes conforming changes. Applies beginning with the 2021-22 school year.

Intro. by Penny.Harnett
H 204 (2021-2022) HERTFORD COUNTY OCCUPANCY TAX. Filed Mar 2 2021, AN ACT TO CREATE HERTFORD COUNTY DISTRICT H AND TO AUTHORIZE THE LEVY OF AN OCCUPANCY TAX IN THE DISTRICT.

Recodifies Section 1 of SL 1987-979, as amended, as it applies to Hertford County only, as Sections 2 and 3 of the act. Provides a savings clause for rights and liabilities arising or tax refunds or credits accrued under the law rewritten and recodified by the act before the date the act becomes law.

Authorizes Hertford County Board of Commissioners (Board) to levy an occupancy tax of 3%. Provides that the tax must be levied, administered, collected, and repealed as provided in GS 153A-155 (uniform provisions for room occupancy taxes; previously detailed in SL 1987-979). Requires the County to quarterly remit net proceeds, as defined, of the occupancy tax to the Hertford County Tourism Development Authority (TDA), which is required to use at least two-thirds of the funds remitted to promote travel and tourism and the remainder for tourism-related expenditures, as those terms are defined. 

Directs the Board to adopt a resolution modifying the Hertford County Tourism Development Authority (TDA) within 60 days of the date the act becomes law, as follows. Requires that the resolution provide that the TDA is a public authority under the Local Government Budget and Fiscal Control Act. Requires the resolution to provide for TDA membership, terms, filling of vacancies, compensation, designation of a chair, meetings, and adoption of procedural rules, as specified. Requires the county finance officer to be an ex-officio member. Details the duties of the TDA, requiring quarterly and annual reports to the Board for its receipts and expenditures. 

Creates a new tax district in Hertford County consisting of the part of the County located outside of incorporated areas of Ahoskie and Murfreesboro, to be called Hertford County District H. The District is a body politic and corporate. Provides for the governance of that district by the Board and county officers. 

Authorizes the Hertford County District H governing body to levy a room occupancy tax of up to 3%. Provides that the tax must be levied, administered, collected, and repealed as provided in GS 153A-155 as if the District were a county. Requires the District to quarterly remit net proceeds to the TDA. Requires the TDA deposit the net proceeds into a special fund, as specified. Requires the TDA to use at least two-thirds of the occupancy tax proceeds to promote travel and tourism in the District and the remainder for tourism related expenditures in the District, as those terms are defined.

Makes conforming changes to GS 153A-155.

Intro. by Hunter.Hertford
H 206 (2021-2022) LOUISBURG ECONOMIC DEVELOPMENT INITIATIVE. Filed Mar 2 2021, AN ACT AUTHORIZING THE TOWN OF LOUISBURG TO USE REVENUE DERIVED FROM RATES FOR ELECTRIC SERVICE FOR ECONOMIC DEVELOPMENT PROJECTS THAT WILL INCREASE THE TOWN'S NUMBER OF ELECTRIC CUSTOMERS OR ELECTRIC LOAD.

Amends GS 159B-39 which allows a municipality to use revenue derived from rates for electric service to pay the direct and indirect costs of operating the electric system and to transfer to other funds of the municipality a sum that reflects a rate of return on the investment in the electric system (only to the extent allowed under the statute), with remaining revenue used to produce lower rates on electric service within and to make additional debt service payments on indebtedness incurred by the municipality to finance improvements to the electric system. Specifies that for the Town of Louisburg, direct and indirect costs of operating the electric system include the development or redevelopment of properties, or related activities, likely to increase the municipality's number of electric customers or electric load, leading to reduced electric service rates, improved economic development, job growth, or community improvement. 

Intro. by Winslow.Franklin

The Daily Bulletin: 2021-03-02

LOCAL/SENATE BILLS
S 177 (2021-2022) 30TH SENATORIAL DISTRICT LOCAL ACT-1. Filed Mar 2 2021, AN ACT RELATING TO THE 30TH SENATORIAL DISTRICT.

Blank bill.

Intro. by Berger.Caswell, Rockingham, Stokes, Surry
ACTIONS ON BILLS

Actions on Bills: 2021-03-02

PUBLIC BILLS

H 71: LIVING DONOR PROTECTION ACT.

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

H 89: SEPTEMBER AS CHILDHOOD CANCER AWARENESS MONTH.

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

H 95: WHOLESALE RX DISTRIBUTION LICENSEE CHANGE. (NEW)

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

H 103: 2022 APPROPRIATIONS ACT (NEW).

    House: Withdrawn From Com
    House: Re-ref to the Com on Judiciary 2, if favorable, Commerce, if favorable, Rules, Calendar, and Operations of the House

H 113: 2021 AOC LEGISLATIVE CHANGES.-AB

    House: Withdrawn From Com
    House: Re-ref to the Com on Judiciary 2, if favorable, State Government, if favorable, Rules, Calendar, and Operations of the House

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

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

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

    House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
    House: Serial Referral To Rules, Calendar, and Operations of the House Added
    House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
    House: Serial Referral To Rules, Calendar, and Operations of the House Added

H 184: SUPPORT PRIVATE PROPERTY RIGHTS.

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

H 186: PRESUMED SHARED PARENTING/CHILD CUSTODY.

    House: Passed 1st Reading
    House: Ref to the Com on Judiciary 2, if favorable, Families, Children, and Aging Policy, if favorable, Rules, Calendar, and Operations of the House

H 187: FUNDS/WAGRAM RECREATION CENTER.

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

H 188: REMOVE BARRIERS/GAIN ACCESS TO ABORTION ACT.

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

H 189: SECOND AMENDMENT PRESERVATION ACT.

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

H 191: UNC PEMBROKE/HEALTH SCIENCE CENTER FUNDS.

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

H 192: COVID RESPONSE/SUPPLEMENTAL SPENDING 2020-21.

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

H 193: EXEMPT PROPERTY FROM BOONE UDO. (NEW)

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

H 194: FEDERAL COURT OFFICIAL/CONCEALED CARRY.

    House: Passed 1st Reading
    House: Ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House

H 195: CRIMINAL FALSIFICATION OF MEDICAL RECORDS.

    House: Passed 1st Reading
    House: Ref to the Com on Health, if favorable, Judiciary 4, if favorable, Rules, Calendar, and Operations of the House

H 196: 2021 COVID-19 RESPONSE & RELIEF.

    House: Passed 1st Reading
    House: Ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House
    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 03/03/2021

H 198: FOREST SERVICE CHANGES.

    House: Filed

H 200: LIFETIME CONCEALED HANDGUN PERMIT.

    House: Filed

H 203: EXTEND DEADLINE FOR POLICE TELECOMMUNICATORS.

    House: Filed

H 205: ABUSE & NEGLECT RESOURCES IN PUBLIC SCHOOLS.

    House: Filed

H 207: FUNDS BAILEY SEWER IMPROVEMENTS.

    House: Filed

H 208: ELIM. CESSION OF CLEAN RISKS TO FACILITY.

    House: Filed

H 209: SUPPORT STATEWIDE TELEPSYCHIATRY PROGRAM.

    House: Filed

H 210: RESTRICT CASH BAIL FOR CERTAIN MISDEMEANORS.

    House: Filed

S 43: PROTECT RELIGIOUS MEETING PLACES.

    Senate: Regular Message Sent To House
    House: Regular Message Received From Senate
    House: Passed 1st Reading
    House: Ref to the Com on Judiciary 1, if favorable, Rules, Calendar, and Operations of the House

S 50: ESTATE PLANNING LAW CHANGES.

    Senate: Regular Message Sent To House
    House: Regular Message Received From Senate
    House: Passed 1st Reading
    House: Ref to the Com on Judiciary 4, if favorable, Rules, Calendar, and Operations of the House

S 87: MEDICAID REIMBURSEMENT/CHARTER SCHOOLS.

    Senate: Regular Message Sent To House
    House: Regular Message Received From Senate
    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Health, if favorable, Rules, Calendar, and Operations of the House

S 113: MODIFY TERMINATION OF PARENTAL RIGHTS APPEALS.

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

S 116: PUTTING NORTH CAROLINA BACK TO WORK ACT. (NEW)

    Senate: Special Message Sent To House
    House: Special Message Received From Senate
    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Rules, Calendar, and Operations of the House
    Senate: Special Message Sent To House
    House: Special Message Received From Senate
    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Rules, Calendar, and Operations of the House

S 167: REMOVE BARRIERS/GAIN ACCESS TO ABORTION ACT.

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

S 168: HISTORIC SCHOOL PRESERVATION GRANT FUNDS.

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

S 172: ADDITIONAL COVID-19 RESPONSE & RELIEF. (NEW)

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

S 173: FREE THE SMILES ACT. (NEW)

    Senate: Filed
    Senate: Filed

S 174: STATE HEALTH PLAN DATA TRANSPARENCY.-AB

    Senate: Filed

S 175: AMEND SCOPE OF PRACTICE/COSM./ESTH.

    Senate: Filed

S 176: MOBILE BARBERSHOPS.

    Senate: Filed

Actions on Bills: 2021-03-02

LOCAL BILLS

H 30: TOWN OF SOUTHERN SHORES/EMINENT DOMAIN.

    House: Reptd Fav
    House: Re-ref Com On Regulatory Reform

H 94: GRAHAM COUNTY OCCUPANCY TAX.

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

H 118: BUNCOMBE SCHOOL BD ELECTION. (NEW)

    House: Serial Referral To Local Government Stricken
    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Serial Referral To Local Government Stricken
    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 185: SCHOOL CALENDAR FLEXIBILITY/CERTAIN COUNTIES. (NEW)

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

H 190: VACANCIES/ROWLAND & MAYOR'S TERM/RED SPRINGS.

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

H 199: MOORESVILLE TOURISM DEVELOPMENT AUTH. CHANGE.

    House: Filed

H 201: ACADEMIC ALIGNMENT/CERTAIN SCHOOL UNITS.

    House: Filed

H 202: SCHOOL CALENDAR FLEXIBILITY/HARNETT COUNTY.

    House: Filed
    House: Filed

H 204: HERTFORD COUNTY OCCUPANCY TAX.

    House: Filed

H 206: LOUISBURG ECONOMIC DEVELOPMENT INITIATIVE.

    House: Filed

S 115: KICKOFF COLLEGE SPORTS ACT. (NEW)

    Senate: Special Message Sent To House
    House: Special Message Received From Senate
    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House
    Senate: Special Message Sent To House
    House: Special Message Received From Senate
    House: Passed 1st Reading
    House: Ref To Com On Rules, Calendar, and Operations of the House

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

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

S 169: MODIFY KINSTON-LENOIR COUNTY TDA MEMBERSHIP.

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

S 170: NO ETJ IN HAYWOOD CTY/MAGGIE VALLEY DEV. AUTH. (NEW)

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

S 171: BELVILLE/WINGATE SAT. ANNEX./OTHER DEANNEX. (NEW)

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

S 177: 30TH SENATORIAL DISTRICT LOCAL ACT-1.

    Senate: Filed

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