House committee substitute amends the 2nd edition as follows.
Deletes the appropriation to the Administrative Office of the Courts for a Court Process Analyst and the provisions related to the position's duties.
The Daily Bulletin: 2021-03-03
The Daily Bulletin: 2021-03-03
|Intro. by Clampitt.||GS 7A|
House committee substitute amends the 1st edition as follows.
Eliminates the proposed additional definitions and directives that apply to Environmental Quality Incentives Program (EQIP) projects, proposed to be excluded from the local match requirements of SL 2020-79, Section 11(f), except for specifying that a single project consists of all the landowners and other participants under a project design contract approved by the Natural Resource Conservation Service under the EQIP program along a contiguous stretch of stream.
|Intro. by K. Hall.||UNCODIFIED|
House committee substitute amends the 1st edition as follows. Provides the physical address of the Agricultural Sciences Center to be named, rather than the described location of the Center.
Changes the act's short title.
|Intro. by Dixon, Brisson, Bell, Elmore.||UNCODIFIED|
House amendments make the following changes to the 3rd edition.
Amendment #3 amends Section 5(f) of SL 2021-1 to allow no more than 5% (was, 3%) of the funds for the Emergency Rental Assistance program to be used for administrative costs and adds that administrative costs include the costs associated with establishing a hotline.
Amendment #1 prohibits using the funds appropriated from the federal Child Care and Development Block Grant funds received for the fiscal year ending June 30, 2021, for staff bonuses.
Amendment #2 amends Section 4.1 of SL 2021-1 by adding that grant awards for the special supplementary grant process to accelerate the provision of broadband access through the Growing Rural Economies with Access to Technology grant program must be completed on or before April 15, 2021.
|Intro. by Faircloth, Bumgardner, K. Hall, Strickland.||APPROP, GS 10B, GS 90, GS 131D, GS 153A, GS 160A|
Authorizes the following establishments to open and operate their food and drink service for on-premises consumption notwithstanding any emergency declaration issued by the Governor or public health emergency local ordinance related to COVID-19: (1) any establishment that prepares or served food or drink; (2) private clubs and private bars; (3) specified permitted wineries; and (4) specified permitted distilleries. Details the qualifications that must be met to operate under the act's authority, including that the establishment (1) was in existence on March 10, 2020, is properly licensed and permitted, and holds necessary applicable ABC permits; (2) requires daily temperature checks and completion of health questionnaires of employees and prohibits those showing symptoms from entering the establishment to work; (3) conducts frequent, routine cleanings during operation and a deep cleaning after the close of business each day; (4) if applicable, provides disposable gloves and requires masks be worn by guests and employees using a buffet-style service or self-service areas; prohibits self-serve beverages; and (5) limits the number of guests at each table to 10. Expires after any declaration of emergency prohibitions and restrictions applicable expire or are otherwise terminated to permit the establishment to open for full unrestricted service of food and drink.
|Intro. by Moffitt, Setzer, Mills, Zenger.||UNCODIFIED|
Directs the Department of Health and Human Services (DHHS) to establish seven regions for regional supervision of child welfare and social services in accordance with the plan submitted by the Social Service Regional Supervision and Collaboration Working Group (SSWG) as required by SL 2017-41. Requires establishment of the regions and the provision of oversight and support to the regions through home-based staff and the central office team of DHHS on March 1, 2022. Directs DHHS to move forward with the repurposing and redeployment of staff. Directs DHHS to begin procurement of physical office spaces for the regions beginning in March 2023. Requires prioritization of staff to improve the child welfare system. Requires that DHHS move toward full implementation of a regional model with offices by March 1, 2024.
Appropriates $916,171 in recurring funds from the General Fund to DHHS, Division of Social Services (DSS) for the 2021-23 fiscal biennium to support 11 new staff positions pursuant to the SSWG's plan. Effective July 1, 2021.
Adds to the responsibilities of county boards of social services charged in GS 108A-9 to include attending education and training for new board members during the first year of service. Makes the requirements effective October 1, 2021, and requires that all current county board members participate in the education and training sessions by October 1, 2023.
Directs DSS to collaborate with key stakeholders and the UNC School of Government to create formal education and training programs for new county board members, specifically including a segment on county board liabilities, with training available statewide by March 1, 2022.
Directs the Administrative Office of the Courts (AOC) to conduct a feasibility and cost study, as specified, of a proposed child support tribunal using quasi-judicial procedures to hear child support matters. Requires AOC to submit its findings and recommendations to the General Assembly by March 1, 2022.
Enacts GS 108A-15.16 to require county department of social services to resolve conflicts of interest cases consistent with applicable law and DHHS policies and procedures. Requires DHHS policies and procedures to address county financial and practice responsibilities. Requires counties to notify DHHS upon identifying a conflict of interest. Grants DHHS the authority to making final determinations regarding conflict of interest assignments when disputes arise, with regional staff having initial authority when a dispute arises between county departments and central staff having initial authority when disputes arise between regions. Directs the Social Services Commission (Commission) to adopt rules regarding conflicts of interest management. Defines conflict of interest.
Directs the Commission report to the specified NCGA committee upon the adoption of rules under GS 108A-15.16.
Amends Section 1.1(c) of SL 2017-41, which requires DHHS to submit its plan for establishing regional offices to supervise the provisions of child welfare and social services to the specified NCGA committee by November 15, 2018. Now requires DHHS's plan to provide for the system of regional supervision to be operational by March 1, 2024 (was, March 1, 2020).
Amends Section 1.2 of SL 2017-41, continuing the work of the Social Services Regional Supervision and Collaboration Working Group (SSWG) convened by UNC School of Government in October of 2017 at the direction of Section 1.2. Deems the SSWG membership to consist of the currently constituted members as of December 1, 2018, and removes the requirement that six members appointed by the House Speaker and Senate President Pro Tempore (among whom co-chairs must be designated) must be members of the respective chamber. Adds new membership parameters to require any vacancy on the SSWG to be filled in the same manner as the original appointment. Directs the SSWG to continue to address regional supervision and interagency collaboration and regionalization. Requires the SSWG to convene no later than October 8, 2021, and continue developing the recommendations previously specified for Stage One. Adds a Stage Three to the duties of the SSWG, upon completion of Stages One and Two: (1) to revise its Stage One recommendations after reviewing the recommendations from the Center for the Support of Families and DHHS regarding regional supervision; (2) to provide more detailed recommendations regarding seven specified issues, including the role of local elected officials and social services governing boards in social services oversight, determining residency for social services programs and services, and confidentiality of social services records; and (3) to study the appointment and funding of publicly funded guardians, including a description and evaluation of the various types of appointments and recommendation for their management. Directs the SSWG to submit a Stage Three preliminary report to the specified committee no later than October 15, 2022, and a Stage Three final report of its recommendations no later than February 1, 2023. Authorizes the Joint Legislative Oversight Committee on Health and Human Services to terminate the SSWG after receipt of the preliminary report if it concludes the SSWG is not making sufficient progress. Otherwise, terminates the SSWG upon submission of the final report.
Requires DHHS to conduct a feasibility study and make recommendations on transferring adult guardianship cases from DHHS to counties. Requires DHHS to submit to the specified NCGA committee its findings and recommendations, including necessary support to counties that would be needed, by March 1, 2022.
Repeals Sections 11 and 12 of SL 2019-172, which enacted GS 7B-3807 and GS 7B-3808 to adopt and provide guidance for action under the Interstate Compact on the Placement of Children regulation. Sections 11 and 12 of SL 2019-172 became effective on October 1, 2019.
Enacts new Article 16C, Provision of Wireless Call Location to Law Enforcement, in GS Chapter 15A. Requires a wireless services provider to give call location information for the device of a user to a requesting law enforcement agency or public safety answering point; Requires the request to be made by the highest ranking person on duty and only allows the request to be made in an emergency situation involving an imminent risk of death or serious physical harm and only if the amount of data is reasonably necessary to prevent the imminent death or harm. Provides that no civil action can be brought against the provider or specified persons for providing the call location data if the provider acted in good faith reliance upon the representations of the law enforcement agency or public safety answering point. Requires the State Bureau of Investigation to keep a database of emergency contact information for all wireless telecommunications carriers registered to do business in the state and make the information available when requested to all public safety answering points in the state.
Effective July 1, 2021.
|Intro. by Hurley, McNeill, Carter, C. Smith.||GS 15A|
Directs the Department of Health and Human Services (DHHS) to establish the COVID-19 Vaccine Hesitancy Elimination Program (program) as a competitive grant program to award grants of up to $10,000 to minority businesses to conduct or host public communications, health or educational initiatives, community vaccination events, social media initiatives, or other activities subject to DHHS approval. Requires DHHS to select recipients based on criteria DHHS develops, requiring priority be given to seven specified categories of minority businesses that primarily serve historically marginalized populations. Allows grant recipients to use up to 5% of their award for administrative costs. Requires submission of grant applications as provided by DHHS, and requires DHHS to continue to accept applications until all program funds are expended.
Requires grant recipients to report to DHHS by November 1, 2022, on the use of the grant awards, and requires DHHS to report to the specified NCGA committee and division by December 1, 2022, on the grant awards allocated. Details required content of the reports.
Appropriates $2 million from the General Fund to DHHS for 2021-22 to establish and operate the program. Effective July 1, 2021.
|Intro. by Quick, K. Smith, Logan, Pierce.||APPROP, UNCODIFIED|
Appropriates $1 million from the General Fund as a grant-in-aid to Guilford County for each fiscal year from 2021-22 through 2026-27. Restricts use to supporting the building, testing, and improving of an integrated data system technology for the purpose of providing empirical data for decision-making and in furtherance of securing funding for future phases with the Duke Empowerment and Blue Meridian Partners for the Get Ready Guilford Initiative.
Appropriates $808,000 from the General Fund to Ready for School, Ready for Life (Organization), a nonprofit, for 2021-22 to establish a three-year pilot program for improving the quality of care and education for infants, toddlers, and preschool-age children in Guilford County. Requires the Organization to implement the pilot in eight early care and education centers in the County. Details required standards as developed by UNC-G and collaboration with UNC-G in pilot implementation and participant selection. Requires the Organization to annually report to the specified NCGA committee by December 31 of each year the pilot is in effect, as specified.
Effective July 1, 2021.
Appropriates $3 million in additional recurring funds for 2021-22 from the General Fund to the UNC Board of Governors (BOG) to be allocated to North Carolina Agricultural and Technical State University (NC A&T State University) to support its agricultural research and cooperative extension activities by matching federal funds. Sets out the required minimum match. States the NCGA's intent to appropriate additional State funds as necessary to meet the specified match amount in subsequent fiscal years to ensure compliance with federal law.
Appropriates $7.5 million in additional recurring funds for 2021-22 from the General Fund to the BOG to be allocated to NC A&T State University to support its doctoral programs. Requires the funds be used to support new faculty and graduate student services for the doctoral programs.
Effective July 1, 2021.
|Intro. by Clemmons, Hardister, Quick, Faircloth.||APPROP|
Amends GS 20-398 concerning the marking of vehicles transporting household goods to make the provisions applicable to attempts to operate. Adds that any law enforcement officer with territorial jurisdiction is authorized to enforce the statute.
Amends GS 62-3 by amending the definitions used in GS Chapter 62 (Public Utilities) as follows. Provides that a certificate of public convenience and necessity can be issued to a person. Provides that public utility does not include a municipality, county, or a city, town, or village, or a special district, public authority, or unit of local government subject to the budget and fiscal control provisions of Subchapter III, Article 3, GS Chapter 159, among other entities excluded by existing language (previously excluded municipalities and authorities organized under the NC Water and Sewer Authorities Act). Adds that public utility does not include any person or company whose sole operation consists of selling sewer service to less than 15 residential customers, with an exception for those constructing a sewer system in a subdivision of the specified size. Also excludes from public utility the State, Department of Information Technology, or the Microelectronics Center of North Carolina in the provision or sharing of broadband telecommunications services (was, switched broadband telecommunications services) with non-state entities or organizations of the kind set out in GS 143B-1371 (was, in GS 143B-426.39).
Amends GS 62-15 to require that the Utilities Commission public staff be hired (was, appointed) by the executive director. Amends the duties of the public staff to: (1) include petitioning to initiate proceeds to review and take appropriate actions with respect to the operations and management of public utilities, (2) delete investigating and making recommendations with respect to application for certificates by radio common carriers, and (3) add appearing before courts and agencies in matters affecting public utility service when deemed necessary by the executive director.
Amends GS 62-60 by providing that only upon request must the Utilities Commission (Commission) give the Attorney General copies of all applications, petitions, pleadings, orders, and decisions filed with or entered by the Commission.
Amends GS 62-34 by adding that the Public Staff has the right to examine confidential information in exercising any power or performing any duty authorized by GS Chapter 62. Prohibits the Public Staff from disclosing confidential information except as authorized by specified entities. Subjects any information not designated in writing as confidential to disclosure.
Amends GS 62-39 concerning crossings of telephone, telegraph, electric power lines, and pipelines and rights-of-way of railroads and other utilities by another utility by no longer specifying that the statute does not limit the right and duty conferred by law with respect to railroads crossing railroads.
Amends GS 62-49 to no longer require the biennial supplements to the publication of utility laws.
Amends GS 62-74 to clarify that public utilities have the right to file a complaint against any other public utility or another person.
Amends GS 62-79 to require that copies of final orders or decisions be served in the manner prescribed by the Commission (was, by registered or certified mail).
Amends GS 62-81 by requiring that all cases or proceedings that are general rate cases or which will substantially affect any utility's overall level of earnings or rate of return, be set for trial or hearing by the Commission commence within 180 days (was, six months) of the institution or filing thereof. Deletes the required timing of the issuance of a final order. Requires a public utility applying for an increase in rates for sewer service to notify customers within the specified timeline and through the listed procedure. Authorizes the Commission to refer a proceeding to a panel of three commissioners, a hearing commissioner, or a hearing examiner for hearing in cases or proceedings filed with and pending before the Commission where either the total annual revenue requested or the total annual revenue increase requested is less than $2 million (was $300,000), even though all or a substantial portion of the rate structure is being initially established or is under review. Updates statutory references. No longer sets out the requirements for determining applications for permission to adjust utility rates and charges based only on the cost of fuel used in the generation or production of electric power. Makes conforming changes.
Amends GS 62-82, governing application for a certificate for construction of a facility for the generation of electricity. Requires the Commission to furnish a transcript of evidence and testimony submitted to the Commission at a hearing on an application following complaint by the end of the second business day after the taking of each day of testimony, only upon request of the applicant (currently, a general requirement that does not require request by the applicant). Eliminates the existing exemption of applicants for a certificate for solar photovoltaic facilities of 10 kilowatts or less from the requirement to publish notice in newspapers.
Amends GS 62-110.1 to require that the Commission confer and consult with the specified entities when developing a long-range need for facility expansion analysis only as the Commission deems necessary. Adds the Public Staff and intervenors to those that may attend any formal conference on developing a plan for the future requirements of electricity in the state or region. Modifies the existing requirement for the Commission to conduct one or more public hearings in the course of making the analysis of and developing a long-range need for facility expansion, to now require the Commission to conduct a public hearing on the plan in the year a biennial integrated resource plan is filed, and permit the Commission to conduct a public hearing on the plan in a year that an annual update of an integrated resource plan is filed.
Amends GS 62-111 by clarifying that a person may not obtain a franchise or certificate for the purpose of transferring the same to another and that an offer of such transfer within one year after the same was obtained, prima facie evidence that such franchise or certificate was obtained for the purpose of sale.
Repeals GS 62-130(c), which allowed the Commission to make, require, or approve, after public hearing, for intrastate shipments what are known as milling-in-transit, processing-in-transit, or warehousing-in-transit rates on grain, lumber to be dressed, cotton, peanuts, tobacco, or such other commodities as the Commission may designate.
Amends GS 62-133.4 regarding gas cost adjustment for natural gas local distribution companies to authorize the Commission to order a utility to make an appropriate adjustment or no adjustment to its rates, consistent with public interest, if the Commission finds an overrecovery or deficiency of its prudently incurred costs has been or is likely to be substantially reduced, negated, or reversed before or during a period in which it would be credited or recovered.
Repeals GS 62-133.8(j), which requires annual reporting by the Commission regarding Renewable Energy and Energy Efficiency Portfolio Standard (REPS) requirements.
Repeals GS 62-133.10, which requires the Commission to permit an electric public utility that purchases or constructs a carbon offset facility to adjust its fuel and fuel-related costs to retain the North Carolina retail allocation of the system fuel and fuel-related cost savings resulting from the purchase or construction of the facility, not to exceed the annual revenue requirement associated with the allocated North Carolina retail portion of the facility.
Amends GS 62-140 by deleting outdated language.
Amends GS 62-280.1 to make it a Class 3 misdemeanor to knowingly aid and abet another person in taking the specified actions to falsely represent a household goods carrier certificate. Gives any law enforcement officer with territorial jurisdiction authority to enforce the statute.
Enacts GS 62-352 to require senior resident superior court judges to provide suitable facilities for Commission hearings, including security upon request. Provides for prompt reimbursement by the Commission.
Amends GS 143-166.13 by no longer making Utilities Commission Transportation Inspectors and Special Investigators subject to the Criminal Justice Training and Standards.
Amends GS 143B-963 to allow the Utilities Commission to provide the information obtained under subsection (a) of the statute (concerning the criminal history of any applicant for or current holder of a certificate to transport household goods) to the Public Staff for use in proceedings before the Commission and requires the Public Staff to keep that information confidential.
Repeals GS 156-91(b), which addresses when the superintendent of construction and the railroad company are not able to agree as to the exact time at which such work can be done, leading to an investigation and determination by the Commission.
Authorizes the Revisor of Statutes to substitute "Public Staff" for "public staff" wherever the term appears in GS Chapter 62.
Authorizes the Revisor of Statutes to substitute "rate-making" for "rate making" wherever the term appears in GS Chapter 62.
Amends GS 62-300 to increase from $25 to $250 the application fee for a person (other than Class A, B, C, or D utilities) seeking a certificate of public convenience and necessity, effective July 1, 2021.
Enacts GS 62-110(j) to authorize the Commission to allow a lessor of a multi-unit apartment building, with approval of the Commission, to use a master meter to charge each tenant for the electricity or natural gas used by a central system on each tenant's metered or measured share. Provides for additional provisions of the statute that apply to electricity used by a central system and natural gas used by a central system. Makes conforming changes to GS 42-42.1, and amends the statute to prohibit a landlord from terminating a lessee's receipt of the benefits of the use of a central system due to the lessee's nonpayment of the amount due for electric service, water or sewer services, or natural gas service. Makes conforming changes to GS 143-151.42 concerning the prohibition of master meters for electric and natural gas service, and amends the statute to exempt from the statute's provisions a multi-unit residential building or building complex where natural gas service delivered to a master meter for use by the occupants of the units is limited to cooking, ventless fireplaces, or other ancillary purposes. Effective October 1, 2021.
Amends GS 143-214.5 by prohibiting the Environmental Management Commission (EMC) and local governments implementing a water supply watershed protection program from applying impervious surface restrictions to the redevelopment of property when the redevelopment includes installation of a system for the collection, treatment, and discharge of stormwater runoff from both existing and redeveloped areas in a way that complies with all applicable stormwater management requirements. Requires the EMC to adopt rules and for local governments to amend their ordinances and local programs to implement this act's requirements. Applies to applications for permits and other approvals received on or after October 1, 2021.
Amends GS 160D-403 as follows. The statute prohibits deviations from an application or development approval after a development approval has been issued until written approval has been obtained, and sets out the process for reviewing and approving any major modification of the approval. Adds that a developer expanding the footprint of buildings approved in the original development agreement by up to 20% is not considered a major modification if the agreement has been completed within the last 15 years and there has been no change in the property's permitted use. Requires local governments to amend their ordinances and local programs to implement this section's requirements. Applies to applications for permits and other approvals received by the local governments on or after October 1, 2021.
Enacts GS 62-133.1B, authorizing the Utilities Commission (Commission) to approve a water or sewer facility's Water and Sewer Investment Plan (Plan) upon application by the facility in a general rate proceeding if the Commission finds the plan results in rates that are just and reasonable and are in the public interest. Defines Plan to mean a plan under which the Commission sets water or sewer base rates, revenue requirements through banding authorized returns, and authorizes annual rate changes for a three-year period based on reasonable known or measurable capital investments and anticipated reasonable and prudent expenses approved under the plan without need for a base rate proceeding during the plan period. Requires a facility's filed Plan to include performance-based metrics that benefit customers and ensure the provision of safe, reliable, and cost-effective service. Details required considerations of the Commission in reviewing a Plan application, and authorizes the Commission to impose any conditions in the implementation of the Plan as specified.
Prohibits any rate adjustment allowed under an approved Plan from exceeding 5% of the utility's North Carolina retail jurisdictional gross revenues for the preceding plan year for years two and three of the plan. Provides for petitioning the Commission to consider the addition of unplanned emergency capital investments during a plan term.
Requires rate adjustment mechanisms authorized under GS 62-133.12 (concerning investments) and GS 62-133.12A (concerning usage tracking) to be discontinued during the term of any Plan, though allows for filing for an adjustment under GS 62-133.12 to become effective after the Plan term.
Provides for the Commission's ruling on a Plan after proper notice and hearing and effectiveness of the Plan. Authorizes the Commission to modify or terminate an approved Plan after an opportunity for hearing at any time for good cause shown.
Requires the Commission to establish banding of authorized returns, as defined, on equity for approved Plans, with a utility required to refund or credit earnings, or permitted to file a general rate case, based on the range established.
Requires the Commission to annually review a utility's earnings as provided.
Directs the Commission to adopt implementing rules, including rules to establish filing procedures, annual reporting and review, and development of bandings of authorized returns. Requires adoption no later than 120 days after the date the act becomes law.
Makes the above provisions applicable to any rate-making mechanisms, designs, plans, or settlements filed by a water or sewer utility on or after the date that the Commission's implementing rules become effective.
Makes conforming changes to GS 62-133.1.
Amends GS 62-133.12, which governs the approval of rate adjustment mechanisms based on a utility's investment in eligible water and sewer system improvements. Modifies the definition given for the term eligible water system improvements to include hydro tanks and pumping equipment installed as replacements; equipment and infrastructure installed at the Commission's direction to comply with federal, State, or local health or environmental standards; and unreimbursed costs of relocating facilities due to roadway, rather than highway, costs. Modifies the definition given for the term eligible sewer system improvements to include unreimbursed costs of relocating facilities due to roadway, rather than highway construction or relocation, costs; and replacement or improvement of force mains, gravity mains, service lines, pumps, motors, blowers, and other electrical or mechanical equipment (was pumps, motors, blowers, and other mechanical equipment installed as replacements for customers); no longer includes improvements necessary to reduce inflow and infiltration to the collection system to comply with applicable State and federal law and regulations. Increases the cap for cumulative system improvement charges for a utility under a rate adjustment mechanism approved under the statute from 5% to 7.5%. Adds that unreimbursed costs of relocating facilities due to roadway projects are exempt from the cap. Now requires accumulated depreciation for eligible water or sewer system improvements to be updated in each filing submitted by a utility within the same docket.
|Intro. by Arp, Paré, Szoka, Watford.||GS 62|
Enacts GS 10A-205.4 (appears to intend GS 160A-205.4), applicable to cities, and GS 153A-145.8, applicable to counties, providing as follows. Prohibits city/county from adopting an ordinance prohibiting, or having the effect of prohibiting, the connection, reconnection, modification, or expansion of an energy service (as defined) based upon the type or source of energy to be delivered to the end-user. Specifies that the statutes do not (1) limit the ability of a city/county to choose the energy service for property it owns, (2) prohibit a city/county from recovering reasonable costs for reviewing and issuing a permit, (3) affect the authority of a city/county to manage or operate a city/county-owned (as applicable) utility, or (4) impair a contract executed pursuant to GS 160A-322 before the section's effective date for the supply of electric service.
Includes whereas clauses. Enacts new GS 103-16 (SUDEP Awareness Week), as title indicates.
|Intro. by Riddell, Kidwell, Graham, Moss.||GS 103|
Amends GS Chapter 83A, which governs licensure of architects, to expand the Chapter's provisions to also regulate interior designers as follows.
Makes it a Class 2 misdemeanor punishable by a $500 per day violation for any individual or firm not registered under the Chapter to hold himself or herself out as a registered interior designer, seek to avoid the Chapter's provisions by using another designation, present the registration of another as their own, give false or forged evidence in obtaining registration, falsely impersonate another practitioner, use or attempt to use a revoked registration, or otherwise violate the Chapter. Details factors required to be considered prior to assessing a civil penalty. Allows specified private counsel to recover civil penalties imposed under the Chapter.
Adds to and modifies the Chapter's defined terms. Defines interior design to include but not be limited to the preparation of reflected ceiling plans, space planning, paths of egress, occupancy calculations, and the fabrication of nonstructural elements within and surrounding interior spaces of buildings; excludes six specified acts. Adds the following defined terms: Architect Emeritus; nonstructural element; practice of interior design; reflected ceiling plan; registered interior designer; registration; and space planning. Now refers to firms rather than corporations throughout.
Renames the Board of Architecture as the Board of Architecture and Registered Interior Designers (Board). Increases Board membership from seven to 10 members, with three new members being registered interior designers appointed for five-year terms. Requires vacancies to be filled by the Governor.
Increases the fee schedule set out for architects and establishes a fee schedule for registration to practice interior design. Sets initial application fees for architects at $100 for individuals (was $50) and $150 for firms (was $75), and renewal fees at $150 for individuals (was $75) and $200 for firms (was $100). Doubles the penalties for late renewal for architects. Sets a $300 fee (was $150) for reciprocal licenses. Sets a $500 fee for the reinstatement of expired licenses. Establishes an identical fee schedule for interior designers' initial registration, renewal, late penalties, reciprocal licenses, and reinstatement on an individual and firm basis.
Expands the role of the Board in recordkeeping, rulemaking, and disciplinary action to include registered interior designers and firms. Adds a new requirement for the Board to be organized into committees in reviewing disciplinary actions and continuing education decisions, with the Board president appointing chairs and committee members.
Establishes qualifications for registration and registration by reciprocity. Requires passing the NC Council for Interior Design Qualification (NBCIDQ) exam and holding an NCIDQ Certificate in good standing, or a certified license to practice architecture.
Establishes qualifications to practice as an interior design firm, including meeting all requirements of the Business Corporation Act. Provides for reciprocity for interior design firms from other states.
Provides for professional seals for registered interior designers.
Excludes from the Chapter's provisions (1) interior decorators, as described, or (2) professional services limited to planning, design, and implementation of residential kitchen and bath spaces or certain commercial kitchen and bath spaces as specified.
Authorizes the Board to deny, suspend, revoke, reprimand, or levy a penalty of up to $500 for against licensees or registrants for (1) dishonest conduct, now including using a professional license or registration that has been suspended or revoked, the imposition of other disciplinary action by another state's regulatory body, or nonrenewal of the license or registration, as specified; (2) incompetence, now including incompetent adjudication; and (3) unprofessional conduct, now including falsely impersonating a practitioner or former practitioners and gross unprofessional conduct.
Regarding violations of the Chapter, requires the Board to establish a schedule of civil penalties. Authorizes the Board to charges costs to the licensee or registrant for a disciplinary proceeding.
Applies to applications for registration on or after January 1, 2022.
Provides for staggered terms for Board members, as specified, with initial appointments of registered interior designers made by October 1, 2021, and initial terms beginning on January 1, 2022. Requires initial members to immediately seek registration.
Requires the Board to adopt implementing rules.
|Intro. by Stevens, Riddell, Saine, Hardister.||GS 83A|
Identical to S 173, filed 3/2/21.
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 Potts, K. Baker, Humphrey, Hurley.||GS 90|
The Daily Bulletin: 2021-03-03
Senate committee substitute amends the 1st edition as follows.
Changes the effective date provisions of the proposed changes as follows.
Now conditions the proposed changes to Section 9A of SL 2015-245, as amended by Section 2 of SL 2016-121, concerning the implementation of plans to transform the Medicaid and NC Health Choice Programs, on the legislative appropriation of funds for the implementation of Medicaid coverage described in the proposed changes which allow parents to retain Medicaid eligibility if they are participating in, and making reasonable efforts to comply with, a court-ordered substance use disorder or other mental health disorder treatment program or counselling while their child is being served temporarily by the foster care program.
Concerning the related proposed changes to establish a new category for Medicaid coverage for such parents under GS 108A-54.3A, makes the provisions effective upon the Centers for Medicare and Medicaid Services (CMS) approval of a 1115 waiver, as required to be obtained by the act, and upon the effective date of the coverage allowed by CMS (previously, and upon the date allowed by CMS). Adds a new provisions to sunset the provision if CMS approval is not granted by June 30, 2023.
|Intro. by Britt, Burgin, Krawiec.||UNCODIFIED, GS 108A|
Senate 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 Perry, Burgin, Krawiec.||GS 130A|
Reenacts GS 105-151.11 (Credit for child care and certain employment-related expenses) as it existed immediately before its expiration on January 1, 2014. Recodifies the statute as GS 105-153.11. Provides for a tax credit for employment-related expenses incurred by a taxpayer based on the taxpayer's filing status, adjusted gross income, and qualifying dependent(s)'s status, with the applicable percentage ranging from 9% to 13%. Caps the amount of employment-related expenses for which a credit can be claimed at $3,000 for taxpayers with a household that includes one qualifying individual, and $6,000 for taxpayers with a household that includes more than one qualifying individual. Updates statutory references concerning calculations for nonresidents and part-time residents. Effective for taxable years beginning on or after January 1, 2021.
|Intro. by Mohammed, Foushee.||GS 105|
Enacts GS 20-7(e1) to require the Division of Motor Vehicles (Division) to issue a Class C drivers license to an applicant present in the United States who meets five criteria, including that the applicant (1) has limited legal status or is not lawfully present, (2) provides either a valid tax identification number, current passport, or a valid consular identification document, (3) has resided in NC for at least one year prior to the date of application, (4) complies with specified tax requirements, and (5) meets all other requirements for a drivers license, including proof of financial responsibility. Sets initial restricted licenses to expire on the birthday of the licensee in the second year after issuance, with renewed licenses expiring two years after the expiration date of the license that is renewed. Sets the initial restricted drivers license fee and renewal fee at $50. Excludes renewal of restricted licenses from remote renewal eligibility. Requires a restricted drivers license to be a unique design or color distinguishing it from Real IDs.
Enacts GS 20-10.2 to disallow using a restricted drivers license to establish identity for purposes of federal building or property access, demonstrating eligibility for employment, voter registration, or public benefits, or legitimizing the person's presence in the US or the State.
Enacts GS 20-10.3 deeming the information provided by an applicant to obtain a restricted drivers license inadmissible in legal proceedings. Adds that possession of such a license, standing alone, is not a basis for a criminal investigation, arrest, or detention in circumstances in which a person who possesses some other form of identification would not be criminally investigated, arrested, or detained.
Amends GS 20-15 to allow the Division to cancel a driver's license upon determining the licensee is no longer authorized under federal law to be legally present in the US and the licensee does not otherwise qualify for a restricted license.
Enacts GS 163-82.19(a1) to prohibit the Division from offering a restricted license applicant an opportunity to register to vote. Requires the Division to provide a list of applicants monthly to the Board of Elections.
Effective October 1, 2021.
The Daily Bulletin: 2021-03-03
Requires concurrence from the Council of State or a majority vote of the Beaufort County Board of County Commissioners for the application of powers to Beaufort County, by a majority vote of the Craven County Board of Commissioners for the application of powers to Craven County, or by a majority vote of the Onslow County Board of Commissioners for the application of powers to Onslow County, in order for the Governor to exercise his powers under GS 166A-19.30(c), which sets out specified additional powers of the Governor during a gubernatorially or legislatively declared state of emergency when the Governor has determined that local control of the emergency is insufficient to assure adequate protection for lives and property. Defines concurrence of Council of State to mean consensus, within 48 hours of contact, of a majority of the Council of State prior to the Governor exercising a power or authority requiring a concurrence of the Council of State. Applies only to Beaufort, Craven, and Onslow counties. Applies to the exercise of power under a state of emergency declared by the Governor or North Carolina General Assembly existing on or after the date that the act becomes law. Sets any power exercised under a state of emergency by the Governor existing on that date and applicable to Beaufort, Craven, and Onslow counties to expire two calendar days after this act becomes law, unless a concurrence of the Council of State is sought and received in accordance with this act or approved by a majority vote of the members of the Beaufort County Board of Commissioners, a majority vote of the members of the Craven County Board of Commissioners, or a majority vote of the members of the Onslow County Board of Commissioners.
|Intro. by Kidwell, Cleveland, Tyson.||UNCODIFIED, Beaufort, Craven, Onslow|
The Daily Bulletin: 2021-03-03
Senate committee substitute amends the 2nd edition as follows.
Adds to the proposed changes to GS 160A-58.1 to remove the cap on satellite annexations for the Town of Vass, in addition to the City of Shelby and Town of Stanley.
Makes conforming changes to the act's long title.
Enacts new Article 47 in GS Chapter 105 that authorizes governing body of the City of Asheville to levy a local sales and use tax of .25%, by adoption of a resolution after 10 days of public notice if approved by a majority of voters in a referendum as specified. Provides that adoption, levy, collection, and repeals of the tax in accordance with GS Chapter 39. Details distribution of the net proceeds. Directs proceeds of the tax to be used for local public transportation systems, as defined.
Authorizes the Secretary of Revenue to retain the Department of Revenue's cost of collecting and administering the tax at an amount of up to $300,000 from the gross proceeds for each of the first two fiscal years the City levies the tax. Requires all other costs of collection and administration to be deducted from the gross proceeds pursuant to GS 105-472.
Makes the notice and effect requirements of GS 105-466(c) applicable to the tax, except that the City is required to give the Secretary of Revenue at least six months advance notice of a tax levied under the act (the statute requires 90 days' notice).
|Intro. by Mayfield.||Buncombe|
Actions on Bills: 2021-03-03
H 27: IN-SERVICE TRAINING/MAGISTRATES.
H 67: GSC TECHNICAL CORRECTIONS 2021.
H 71: LIVING DONOR PROTECTION ACT.
H 76: MODERNIZE DEBT SETTLEMENT PROHIBITION.
H 107: DES COVID MODIFICATIONS AND TECHNICAL CHANGES.
H 121: CLARIFY EQIP FUNDING/DREDGING COST-SHARE. (NEW)
H 128: AN ACT TO REEMPLOY NC'S WORKFORCE. (NEW)
H 137: STEVE TROXLER AGRICULTURAL SCIENCES CENTER. (NEW)
H 196: 2021 COVID-19 RESPONSE & RELIEF.
H 197: NC CONSTITUTIONAL CARRY ACT.
H 198: FOREST SERVICE CHANGES.
H 200: LIFETIME CONCEALED HANDGUN PERMIT.
H 211: SOCIAL DISTRICT/COMMON AREA CLARIFICATIONS. (NEW)
H 212: SOCIAL SERVICES REFORM.
H 213: KELSEY SMITH ACT.
H 214: GRANT PROG. TO REDUCE CV19 VACCINE HESITANCY.
H 215: EARLY CHILDHOOD DATA ANALYTICS/PILOT/GUILFORD.
H 216: NC A&T STATE UNIVERSITY/AG/DOCTORAL FUNDS.
H 217: UTILITIES COMM'N TECH. AND ADD'L CHANGES.
H 218: STREAMLINE PERMITS/REDEVELOPMENT OF PROPERTY.
H 219: AMEND ENVIRONMENTAL LAWS. (NEW)
H 220: CHOICE OF ENERGY/ADD'L PROVISIONS. (NEW)
H 222: SUDEP AWARENESS WEEK/TRAINING RECOMMENDATION. (NEW)
H 223: BD. OF ARCHITECTS/INTERIOR DESIGNERS.
H 224: OCCUPATIONAL THERAPY INTERSTATE COMPACT.
S 37: IN-PERSON LEARNING CHOICE FOR FAMILIES.
S 93: ASSISTING NC FAMILIES IN CRISIS.
S 114: DES COVID MODIFICATIONS AND TECHNICAL CHANGES.
S 135: IMPROVE ANATOMICAL GIFT DONATION PROCESS.
S 161: NC STATEWIDE TELEPSYCHIATRY PROGRAM/FUNDS.
S 168: HISTORIC SCHOOL PRESERVATION GRANT FUNDS.
S 172: ADDITIONAL COVID-19 RESPONSE & RELIEF. (NEW)
S 173: FREE THE SMILES ACT. (NEW)
S 174: STATE HEALTH PLAN DATA TRANSPARENCY.-AB
S 175: AMEND SCOPE OF PRACTICE/COSM./ESTH.
S 176: MOBILE BARBERSHOPS.
S 178: REENACT CHILD CARE TAX CREDIT.
S 180: RESTRICTED DL FOR UNDOCUMENTED IMMIGRANTS.
Actions on Bills: 2021-03-03
H 118: BUNCOMBE SCHOOL BD ELECTION. (NEW)
H 199: MOORESVILLE TOURISM DEVELOPMENT AUTH. CHANGE.
H 201: ACADEMIC ALIGNMENT/CERTAIN SCHOOL UNITS.
H 202: SCHOOL CALENDAR FLEXIBILITY/HARNETT COUNTY.
H 221: EMER. MGT./POWERS/BEAUFORT/CRAVEN/ONSLOW.
S 41: REMOVE CERTAIN SATELLITE ANNEXATION CAPS.
S 122: TOWNS OF SPRUCE PINE & WEAVERVILLE DEANNEX. (NEW)
S 128: GOLDSTON/REMOVE CAP ON SATELLITE ANNEXATIONS (NEW).
S 169: MODIFY KINSTON-LENOIR COUNTY TDA MEMBERSHIP.
S 170: NO ETJ IN HAYWOOD CTY/MAGGIE VALLEY DEV. AUTH. (NEW)
S 171: BELVILLE/WINGATE SAT. ANNEX./OTHER DEANNEX. (NEW)
S 177: 30TH SENATORIAL DISTRICT LOCAL ACT-1.
S 179: ASHEVILLE LOCAL OPTION SALES TAX FOR TRANSIT.
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