House committee substitute amends the 1st edition as follows. 

Adds the following provisions. 

Makes the following identical changes to GS 128-27(m2)(1), concerning the Local Governmental Employees' Retirement System and GS 135-5(m2)(1), concerning the Teachers' and State Employees' Retirement System. Expands upon the provisions applicable to the payment of a member's special retirement allowance guaranteed by the respective Board of Trustees for a number of months to the member's designated beneficiary. Now provides that if the member's designated beneficiary (must be designated under Option 2, 3, or 6 set forth in subsection (g) of each statute, as required by existing law) begins receiving monthly payments and dies before the specified number of monthly payments have been made in combination to the member and the beneficiary, a one-time payment will be paid to the member's estate equal to the initial monthly special retirement allowance, multiplied by the specified number of months, less the total of the monthly payments made to the member and the beneficiary (current law more generally directs for remaining payments to be made to the member's estate if the designated beneficiary dies before receiving payments for the specified number of months). Additionally provides that if the member dies before the expiration of the specified number of months and the member has not selected Option 2, 3, or 6 set forth in subsection (g) of each statute, the member's designated beneficiary will receive a one-time payment equal to the initial monthly special retirement allowance, multiplied by the specified number of months, less the total of the monthly payments made to the member (current law directs payment to the designated beneficiary for the remainder of the specified number of months). 

Includes a severability clause.

Make conforming organizational changes and makes conforming changes to the act's long title.

Reenacts GS 105-130.34 as it existed immediately before its expiration; reenacts GS 105-151.12 as it existed immediately before its expiration and recodifies it as GS 105-153.11. Amends the tax credit allowed for real property donations by C corporations or individuals and pass-through entities set forth in GS 105-130.34 and GS 105-153.11 as follows. Current law allows for a tax credit in the amount of 25% of the donated property interest that is useful for public beach access or use, public access to public waters or trails, fish and wildlife conservation, forestland or farmland conservation, watershed protection, conservation of natural areas, conservation of natural or scenic river areas, conservation of predominantly natural parkland, or historic landscape conservation. Amends both statutes to enact identical provisions to instead allow for a tax credit in the amount of 25% of the donated property interest that is useful for (1) farmland preservation, (2) fish and wildlife conservation, (3) as a buffer to limit land use activities that would restrict, impede, or interfere with military training, testing, or operations on a military installation or training area or otherwise be incompatible with the mission of the installation, or (4) floodplain protection in a county that was the subject of a Type II or Type III gubernatorial disaster declaration as a result of a natural disaster in the five years preceding the donation. No longer requires certification by the Department of Environmental Quality and instead requires certification by the Department of Natural and Cultural Resources that the property is suitable for one or more of the valid public benefits specified to support a credit claimed. Makes clarifying changes.

Further amends GS 105-153.11, concerning the credit for real property donations by an individual or pass-through entity, to bar eligibility for any portion of a qualifying donation that is a basis for the credit allowed under the statute from deduction as a charitable donation under GS 105-130.9. Eliminates an outdated provision for the donation of marshland. 

Effective for taxable years beginning on or after January 1, 2021.

Blank bill.

Amends GS 150B-21.3 regarding the effective dates of permanent rules as follows. Amends subsection (b) to reference new GS 150B-21.3B(b) which establishes procedures for legislative review of rules; deletes subsection (b1) which provided for delayed effective dates of rules; deletes subsection (b2) which established the process by which a person may object to a rule; deletes subsection (c) which authorized the Governor to make a rule effective by executive order; deletes subsection (d) which defined a legislative day and legislative day of adjournment; and amends subsection (f) to include approval of a rule for which no notice or hearing is required by the Codifier of Rules, if applicable, for certain permanent rules.

Enacts GS 150B-21.3B establishing procedures for legislative review of rules as follows. Defines legislative day. Establishes procedures for filing objections to the adoption of permanent rules. Permits any person to object to adoption of a permanent rule by filing written comments with the agency and, if the objection is not resolved, by filing written objections to the RRC clearly requesting review by the NCGA in accordance with instructions posted on the Commission’s website. Provides for the rule to become effective under the delayed effective date requirements of subsection (e) if the Commission receives written objections from 10 or more persons no later than 5:00 P.M. on the day following the day the Commission approves a rule. Requires the Commission to notify the agency that the rule is subject to legislative rule.  

Authorizes an agency to adopt as a temporary rule a permanent rule that is subject to legislative review if the rule would have met the criteria of GS 150B-21.1(a) at the time the notice of the rule was published in the North Carolina Register. Allows the agency to make other rules effective under the delayed effective date requirements of subsection (e) by giving written notice to the Commission if a rule under legislative review is among a group of related rules adopted at the same time. 

Authorizes any NCGA member to introduce a bill during the first 30 legislative days of the regular session specifically disapproving a rule approved by the Commission or that has not yet become effective or has been made effective by executive order pursuant to subsection (f). Requires the bill to refer to the rule by its Administrative Code citation and state that the rule is disapproved. 

Provides for a delayed effective date of rules subject to legislative review as follows. Rules approved by the Commission on or before December 31 become effective on the 31st legislative day of the Regular Session in the following calendar year unless a bill disapproving the rule is introduced before that legislative day. If a bill disapproving the rule is timely introduced, the rule becomes effective on the earlier of the day an unfavorable final action is taken on the bill or August 1 of the calendar year following the calendar year the Commission approved the rule. Provides that a permanent rule not approved by the Commission or that is disapproved by a bill that becomes law does not become effective. 

Authorizes the Governor to make a permanent rule approved by the Commission effective by Executive Order subject to the delayed effective date requirements of subsection (e) when the Governor finds that the rule is necessary to protect public health, safety, or welfare. Requires the Codifier of Rules to reflect this action when entering the rule in the Administrative Code. Provides for continued effect of a rule made effective by executive order unless disapproved by the NCGA in a bill that becomes law before August 1 of the year following the year in which the executive order is issued, and requires the Codifier of Rules to note in the Administrative Code that the rule was not disapproved by the NCGA.

Effective January 1, 2022, and applies to rules adopted on or after that date.

Recodifies GS 58-50-30(a3) as GS 58-50-27(b). Enacts GS 58-50-27 to govern insurance coverage of chiropractic services as follows. Defines health benefit plan and insurer by statutory cross-reference, and defines licensed chiropractor. Updates and adds to the recodified language, now prohibiting an insurer from offering a health benefit plan that imposes any limitation on treatment or level of coverage performed by a licensed chiropractor acting within the scope of the chiropractor's practice unless a comparable limitation is also imposed on the medically necessary treatment if performed or authorized by any licensed physician, physician assistant or nurse practitioner (previously only referenced licensed physicians). Enacts the following new provision. Specifically prohibits insurers from offering a health benefit plan that imposes, as a limitation on treatment or level of coverage, a copayment amount charged to the insured for chiropractic services that is higher than the copayment amount for services of a licensed primary care physician, physician assistant, or nurse practitioner for a comparable medically necessary treatment or condition. Applies to insurance contracts issued, renewed, or amended on or after October 1, 2021.

Identical to S 320, filed 3/17/21.

Section 1.1

Amends GS 96-14.2, changing the weekly benefit amount for total and partial unemployment. Now, provides for the weekly benefit amount for total unemployment to equal the wages paid to the individual in the highest paid quarter of the individual's base period divided by 26 and rounded to the next lower whole dollar (previously, was equal to the wages paid in the last two completed quarters of the individual's base period, divided and rounded as described). Also increases the cap for the weekly benefit amount from $350 to $500, and requires annual adjustment for increases in the consumer price index on January 1. Defines consumer price index and provides for adjustment procedures. Replaces the calculation of partial weekly benefit amounts as follows. Provides that if the total wages payable to an individual for less than full-time work performed in a week claimed exceed one-half of the individual's weekly benefit amount, the amount of wages that exceed one-half of the weekly benefit amount must be deducted from the benefits payable to the claimant (previously, reduced by the amount of any wages the individual receives in the benefit week in excess of 20% of the benefit amount applicable to total unemployment). 

Section 2.1

Amends GS 96-14.3, eliminating the current duration parameters for unemployment benefits. Instead, establishes a standard maximum period of 26 weeks for any eligible individual entitled to receive unemployment benefits, unless expressly extended by state or federal law. Makes conforming changes to the total allowable benefits amount.

Section 3.1

Amends GS 96-14.8 to expand the reasons for leaving work provided which do not disqualify an individual for benefits, and which are not chargeable to the employer's account. Adds instances where an individual leaves work due solely to a disability incurred or other health condition, whether or not related to work, so long as the individual shows an adequate disability of the employee, a minor in the legal custody of the individual, an aged or disabled parent of the individual, or a disabled member of the individual's immediate family, at the time of leaving, that prevented the employee from doing the greater of other alternative work at minimum wage or 85 percent of the individual's regular wage, and that the individual gave the employer reasonable notice of the disability or health condition. Adds instances where an individual is unable to accept a particular shift due to inability to obtain child care for a minor under 14 years of age in the legal custody of the individual, elder care for an aged or disabled parent of the individual, or care for any disabled member of that individual's immediate family. Finally, adds instances where an individual leaves work to accompany a spouse to a new place of residence where the spouse has secured work in a location that is too far removed for the claimant reasonably to continue to work.

Section 4.1

Revises the repayments liabilities for overpayments stated in GS 96-18(g) to no longer include overpayment of unemployment benefits by the Division of Employment Security due to errors of Division representatives as a liability of the individual receiving the benefits. 

Amends GS 96-18.1, adding a new subsection to prohibit charging any employer where unemployment benefits are paid as a result of a decision by the Division if the decision is ultimately reversed. Prohibits deeming such benefits paid to constitute overpayment under GS 96-18(g).

Section 5.1

Enacts Article 6, Work-Sharing and Short-Time Compensation, of GS Chapter 96. Establishes a short-time compensation program that allows employers to submit a short-time compensation plan for approval by the Division of Employment Security (Division) for an affected unit of the employer to avert layoffs and offer short-time compensation to workers in the affected unit under an approved plan.

Requires an employer to submit a signed, written short-time compensation plan (plan) to the Division for approval. Requires the Division to develop an application form that includes nine specified components, including (1) the affected units and employees covered; (2) the employees' usual weekly hours of work, as defined, and the employer's proposed reduction percentage during weeks covered by the plan, which must be between 10 and 60 percent; (3) certification of continued health and retirement benefits, as defined, during weeks covered by the plan; (4) certification that the aggregate reduction of work hours is in lieu of layoffs; and (5) the effective date and duration of the plan, which cannot exceed 12 months. Provides for flexibility in the application process for demonstrated good cause, such as modes of operation that preclude setting specific dates and hours in the application. Excludes overtime work from the term usual weekly hours of work, and prohibits the hours from exceeding 40.

Requires the Division to approve or disapprove the plan in writing within 30 days of receipt and to promptly notify the employer. Requires notice of disapproval to include specific reasoning. Allows submission of another plan after 90 days of disapproval.

Details parameters regarding the effective date and duration of the plan, allowing plans to expire earlier than the end of the twelfth calendar month after its effective date. Allows an employer to terminate the plan at any time upon written notice to the Division. Allows an employer to submit a new application at any time after the expiration or termination date of a plan.

Allows for the Division to revoke plan approval for good cause at any time. Requires revocation to be in writing and include specific reasoning. Provides that revocation terminates the plan on the date specified in the order. Authorizes the Division to periodically review plans to assure no good cause exists for revocation, such as failure to comply with the assurances given in the plan, unreasonable revision of productivity standards for the affected unit, conduct or occurrence tending to defeat the intent and effective operation of the plan, and violation of any criteria on which approval of the plan was based.

Details requirements and limitations regarding plan modification. Prohibits any modification from extending the original plan's expiration date. Requires reporting of any modification that is not substantial which does not require Division approval.

Details eligibility for short-time compensation and benefits included under an approved plan. Eligibility criteria are that the individual be monetarily eligible and not disqualified for unemployment compensation who: (1) during the week, is employed as a member of an affected unit under a prior approved plan and the plan is in effect with respect to the week for which compensation is claimed; (2) is available for his or her usual hours of work with the employer, including training; and (3) is deemed unemployed in any week during the duration of the plan when remuneration as an employee in an affected unit is reduced based on a reduction of the individual's usual weekly hours of work under an approved plan. Defines unemployment compensation to mean the unemployment benefits payable under new Article 6 other than short-time compensation including any amounts payable pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment. Sets the weekly compensation amount to be the product of the regular weekly unemployment compensation amount for a week of total unemployment multiplied by the percentage of reduction in the individual's usual weekly hours of work. Bars eligibility for combined benefits in any benefit year in an amount more than the maximum entitlement for regular unemployment compensation and payment for more than 52 weeks under the plan. Details further parameters and limitations for compensation, including relation to regular unemployment compensation and the impact of working or not working for a short-time employer and/or another employer during weeks covered by the plan.

Provides that short-time compensation benefits must be charged to an employers' experience rating accounts in the same manner as unemployment compensation charged under GS Chapter 96. Adds that employers liable for payments in lieu of contributions must have short-time compensation attributed to service in their employ in the same manner as unemployment compensation is attributed.

Deems an individual who has received all of the short-time compensation or combined unemployment compensation and short-time compensation available in a benefit year to be an exhaustee of extended benefits unless otherwise eligible for extended benefits.

Provides for the provisions of Section 5.1 to become effective 60 days from the date the act becomes law and applying retroactively to claims arising, and to plans submitted, on or after February 15, 2021.

Makes the following modifications to the content of the policies on free expression which the UNC Board of Governors must adopt under GS 116-300. Establishes mandatory disciplinary sanctions for students enrolled at a constituent institution who engage in a violation of GS 14-127 (Willful or wanton injury to real property) or GS 14-132(a)(2) (defacing or injuring public buildings, statues, or monuments) while present on the property of the constituent institution during a protest or demonstration: (1) expulsion or suspension for at least one academic period; (2) revocation of State-funded student financial assistance for that academic period; and (3)  eligibility for readmission and enrollment contingent upon agreed restitution for property damage committed by the student, which may include work study and is not required to represent the full cost of restoring the property damaged. Requires the standard of proof of responsibility in such disciplinary cases to be no less than clear and convincing evidence. 

Adds to the required content of the Committee on Free Expression's annual report to the Governor and the General Assembly pursuant to GS 116-301 to include a description of the administrative handling and discipline related to the enforcement of the new mandatory discipline policies under GS 116-300, as amended, and the readmittance of any students who were subject to expulsion or suspension for at least one academic period as a result of the policy. Additionally adds to the required content the increase in security costs and recommendations regarding security issues at constituent institutions related to disruptions at constituent institutions. 

Amends GS 116-174.2 to expand the grounds for the revocation of State-funded scholarships. Requires revocation and withdrawal of all State-supported scholarships and any State funds granted for educational assistance when any student enrolled in a UNC constituent institution is found to have engaged in a violation of GS 14-127 or GS 14-132(a)(2) while present on the property of the constituent institution during a protest or demonstration. Makes technical changes. Makes language gender neutral. 

Applies beginning with the 2021-22 academic year.