House committee substitute amends the 1st edition as follows.
Eliminates the proposed changes to GS 147-86.12 and replaces them with the following. Defines governing body and public school unit. Defines public school unit to include local school administrative units, charter schools, regional school, and innovative schools. Authorizes drawing of moneys deposited with the State Treasurer for disbursement by public school units (was local school administrative units) three business days prior (the previous edition provided for four days prior) to final disbursement to the ultimate payee, creating an exception to the guidelines set out in existing GS 147-86.11 requiring deposits to remain with the State Treasurer until final disbursement to the ultimate payee. Defines business day. Authorizes a public school unit to deposit such moneys drawn on the State Treasurer in an official depository designated by the governing body of the public school unit pursuant to state law. Makes conforming changes to GS 146-86.11. Amends GS 115C-75.11, GS 115C-218.105, and GS 115C-238.70, concerning innovative schools, charter schools, and regional schools, respectively, to explicitly subject the respective schools to the cash management provisions under Article 6A, GS Chapter 147, with respect to all receipts, deposits, and disbursements required by law to be deposited with the State Treasurer or made available for expenditure by warrants drawn on the State Treasurer (similar to the changes made to GS 115C-438 in the previous edition with regard to administrative units). Makes conforming changes to State policy regarding cash management set forth in GS 147-86.10 to refer to public school units as defined in GS 147-86.12, as amended, rather than administrative units.
The Daily Bulletin: 2021-03-30
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The Daily Bulletin: 2021-03-30
House committee substitute to the 1st edition makes the following changes. Requires that the money appropriated in the act be distributed (was, allocated) to local health departments and makes conforming changes throughout. Requires that the $18 million that is to be divided equally among the local health departments be distributed based on the number of counties served by each local health department. Adds the requirement that the Division of Public Health (Division) begin distributing the total $36 million to the local health departments no later than September 1 of each fiscal year and requires local health departments to provide plans on the use of funds. Adds a requirement that the Division report to the specified NCGA committee on the funding by November 1 of 2021 and 2022 and February 1 of 2022 and 2023. Specifies the five items that must be included in the report including the amount of funding that each county received, and an explanation if the sum of funding received by all counties is not equivalent to the total funds appropriated each year. Amends the act's long title.
| Intro. by White, Potts. | APPROP |
House committee substitute to the 2nd edition makes the following changes.
Amends Section 3.20 of SL 2020-97, as amended, by adding that the Division of Motor Vehicles' authority to adopt emergency rules under this section expires upon the earlier of 30 days after Executive Order No. 116 is rescinded or September 30, 2021. Effective March 31, 2021. Makes conforming changes to the act's titles.
| Intro. by Hurley. | GS 116B |
House committee substitute makes the following changes to the 2nd edition.
Eliminates the previous provisions of Section 5, which enacted GS 113-292(f), authorizing the Wildlife Resources Commission (WRC) to issue proclamations suspending or implementing WRC inland fishing rules in response to natural disasters, human health emergencies, and issues threatening or compromising the biological integrity of a species or population, with detailed requirements and enforcement provisions regarding proclamations issued.
Eliminates the previous provisions of Section 10, which directed the WRC to develop a manual of practices to identify customary and responsible methods and practices of hunting deer with dogs, including documenting associated history and applicable property rights, by June 30, 2021. Eliminates proposed conforming changes to the course requirements set forth in GS 113-270.1A.
House committee substitute makes the following changes to the 2nd edition.
Amends proposed GS 160A-205.4, applicable to cities, and GS 153A-145.8, applicable to counties, modifying and adding to the definition provided for the term energy service in each statute. Now defines the term to mean the power that a consumer may choose to use to heat or cool buildings, produce hot water, operate equipment, operate appliances, or any other similar activities, where the power is derived from one or more of a variety of sources such as those previously listed, except as follows. Regarding liquified petroleum gas, renewable liquified petroleum gas, or other liquid petroleum products, requires delivery to the consumer by an entity legally authorized to provide such service. Regarding electricity, specifies that electricity must be derived from one or more sources of electric generation, delivered to the consumer by an entity legally authorized to provide such service, with distribution compliant with territorial rights established by GS 160A-332 and GS 62-110.2 (previously only specified electricity by a person legally authorized to provide such service).
House committee substitute amends the 1st edition as follows.
Further amends GS 166A-19.20, which states additional powers of the Governor in the event of insufficient local control of a gubernatorially or legislatively declared state of emergency to assure adequate protection for lives and property, adding a new subsection as follows. Requires the Governor to obtain the concurrence of the Council of State in accordance with requirements for state of emergency declarations for a statewide emergency area under subsection (c)(2), as enacted, when the Governor declares more than one state of emergency based on the same emergency that would extend the application of the emergency area, when combined, to more than two-thirds of the counties of the state.
Amends proposed GS 130A-20(c), which grants authority for the Secretary of Health and Human Services (Secretary) to determine that a class or category of property uses presents a statewide imminent hazard and to order persons in control of that type of class or category of property uses to abate the statewide imminent hazard upon notification to the Governor and the Governor's concurrence of the Council of State. Modifies the provisions to limit the Secretary's authority to a period of no more than seven calendar days, with up to 30-day extensions permitted if the Secretary has notified the Governor and the Governor has received the concurrence of the Council of State. Adds new provisions to require the Secretary to notify the Governor, and the Governor to seek the concurrence of the Council of State, prior to the extension of any orders that would extend the application of the class or categories of properties in areas, when combined, to statewide application. Maintains that the Secretary of Environmental Quality has the same powers as those specified for the Secretary in new subsection (c).
Adds the following. Amends GS 130A-145 regarding the State Health Director and local health directors' quarantine and isolation authority. Makes organizational changes. Authorizes the State Health Director to have the authority to determine and order that a class or category of persons or animals needs to be quarantined or isolated to protect the public health. Limits this new authority to a period of seven days. For statewide orders, or orders that, when combined, would extend application of the class or categories in areas to statewide application, permits the State Health Director to move the court for extensions pursuant to subsection (d) (as organized) after notification of the Governor and the Governor's receipt of concurrence of the Council of State; for orders that apply less than statewide, permits the State Health Director to move the court for extensions without notifying the Governor or the Governor receiving Council of State concurrence. Defines concurrence of Council of State and statewide to align with the definitions provided in GS 166A-19.3, as amended.
Changes the act's long title.
House committee substitute amends the 1st edition as follows.
Replaces the proposed additional components the Division of Motor Vehicles (DMV) must include in preparing a driver's license handbook pursuant to GS 20-88.1. Now requires the handbook to contain a section on Emergency Notification Systems (ENS) for telephonic reporting of unsafe conditions at highway-rail and pathway grade crossings. Requires the section to alert the public that such crossings have unique US Department of Transportation inventory numbers and a posted telephone number to contact the dispatching railroad pursuant to state law. Requires the handbook to advise the public to call the number if an emergency situation exists at the highway-rail or pathway grade crossing, including if there is an unsafe condition, there is an obstruction, if the warning devices are malfunctioning, or if the ENS sign is discovered to be missing, damaged, or unusable (previously required the handbook to include a description of the procedures for using the ENS phone number for stopping a railroad train at a railroad crossing in the event of suspicious activity around the railroad track, an obstruction or vehicle stuck on the railroad tracks, or the malfunctioning of railroad gates). Effective January 1, 2022.
Makes conforming changes to the proposed changes to GS 115C-215 to require the driver education curriculum to include instruction on the ENS for telephonic reporting of unsafe conditions at highway-rail and pathway grade crossings, including the four described above. Applies beginning with the 2021-22 school year.
Adds the following. Enacts GS 14-111.5, making it a Class 1 misdemeanor for a person who is not reporting unsafe conditions at a highway-rail or pathway grade crossings, is not providing ENS services, or is not responding to reports made through ENS, to call, attempt to call, access, or attempt to access ENS for purposes other than emergency communications. Applies to offenses committed on or after December 1, 2021.
Changes the act's long title.
House committee substitute amends the 1st edition as follows.
Eliminates the provisions of the following sections of the act: Section 4, which amended GS 93B-8.1 to expand the defined term applicant to include a person who makes application for licensure from a State agency licensing board; and Sections 5 and 6, which amended GS 150B-21.3 regarding the effective dates of permanent rules, and enacted GS 150B-23.1B establishing procedures for legislative review of rules. Makes conforming changes to the act's long title.
| Intro. by Stevens, Moffitt, Riddell, White. | UNCODIFIED |
House committee substitute to the 2nd edition makes the following changes. Amends GS 20-162.4 to prohibit parking a vehicle in a space designated with a sign as an electric vehicle charging station located on public or private property unless the vehicle is an electric vehicle connected to the charging equipment for the purpose of charging the vehicle (previously did not mention the signage requirement). Makes an additional clarifying change.
| Intro. by Warren, von Haefen, Szoka, Autry. | GS 20 |
House committee substitute amends the 1st edition as follows.
Eliminates the provisions of previous Section 4 of the act, which amended GS 17E-4 to add to the duties of the North Carolina Sheriffs' Education and Training Standards Commission (Commission), preparation of disclosure statements for candidates and potential appointees for the office of sheriff with respect to felony convictions and expunctions, and authorized the Commission to charge a fee to cover the cost of any criminal history check. Makes conforming organizational changes.
Makes the following changes to new Article 3, GS Chapter 17E. No longer requires individuals filing or intending to file a notice of candidacy for election or an individual prior to appointment to fill a vacancy to the office of sheriff to tender a fee to cover the cost of the background check upon requesting the Commission's preparation of a disclosure statement verifying that the individual has no prior felony convictions or expungements of felony convictions. Makes technical changes to the new Article.
House committee substitute makes the following changes to the 1st edition.
Adds the following. Modifies the definition set forth for the defined term Code under GS 105-228.90(b)(7) to provide a distinct definition for the purpose of the amount of any expense deducted under the Code (defined as the Internal Revenue Code as it existed as of May 1, 2020) to the extent that payment of the expense results in forgiveness of a covered loan pursuant to section 1106(b) of the federal CARES Act, defining the term to mean the Internal Revenue Code as enacted as of January 1, 2021. Defines covered loan by federal statutory cross-reference to section 1106 of the CARES Act, to include certain small business loans under the Paycheck Protection Program/PPP. Effective for taxable years beginning on or after January 1, 2020, and expires for taxable years beginning on or after January 1, 2021.
| Intro. by Pickett, Saine. | GS 105 |
House committee substitute makes the following changes to the 1st edition.
Deletes the proposed changes to GS 115C-218.105 and replaces them with the following. Now revises the requirements of GS 115C-218.105(c) to require the local school administrative unit in which a child is enrolled in a charter school to transfer the per pupil share amount of the local current expense fund to the charter school within 30 days of the later of (1) the receipt of monies into the local current expense fund, or (2) the receipt by an administrative unit of the enrollment verification and transfer request document as provided under new subsections (c2) and (c3) from the charter school (was within 30 days of receipt of the monies). Requires charter schools to send enrollment verification and transfer request documents on a monthly basis. Requires transfer of the per pupil share of any additional monies received in the local current expense fund after the initial transfer within 30 days of receipt.
Enacts new subsection (c1), requiring the administrative unit to pay a late fee of 5% if monies are not transferred within 15 days of receiving notice from a charter school that the per pupil share of the local current expense fund has not been transferred as required by subsection (c). Provides for interest on the amount owed to accrue at 8% annually until the transfer is made. Grants administrative units an additional 30 days to make the transfer if the charter school fails to send the enrollment verification and transfer request document with the information required by new subsection (c2).
Enacts new subsection (c2), directing the Superintendent of Public Instruction (Superintendent) to create a standardized enrollment verification and transfer request document that charter schools must use to request per pupil shares of the local current expense fund of administrative units. Requires consultation with charter schools and administrative units. Restricts information charter schools are required to provide, as specified. Allows charter schools to take further steps to confirm residency in a particular administrative unit at its discretion.
Enacts new subsection (c3), directing the Superintendent to create a standardized procedure that administrative units must use when transferring the per pupil share of the local current expense fund to charter schools, requiring electronic transfer to the extent practicable.
Amends subsection (c4), as organized, to prohibit the administrative unit from delaying the transfer of an undisputed amount in the event the administrative unit and the charter school disagree on the amount owed to the charter school.
Maintains that the act applies beginning with the 2021-22 school year.
| Intro. by Bradford, Riddell, Hardister, Saine. | GS 115C |
House committee substitute makes the following changes to the 1st edition.
Adds the following. Enacts GS 131D-7.1 and GS 131D-7.2 to enact substantively identical provisions regarding adult care homes as those enacted in GS 131E-112.5 and GS 131E-112.6 concerning licensed nursing homes, combination homes, and hospice care facilities in the 1st edition. Requires the Secretary of the Department of Health and Human Services (DHHS Secretary) to establish visitation protocols for residents of adult care homes that will become effective during a disaster declaration or emergency that results in the suspension or curtailment of the facility's normal visitation policy for any reason. Defines normal visitation policy to mean the visitation policy that was in effect at a facility on January 1, 2020. Lists three minimum requirements for the protocols, identical to those listed for licensed nursing homes, combination homes, and hospice care facilities enacted in the previous edition. Requires the DHHS Secretary to consult with licensed operators of adult care homes and other relevant stakeholders in establishing the protocols. Defines disaster declaration, emergency, and facility. Defines the effectiveness of the protocols established by the DHHS Secretary under new GS 131D-7.1 to be during any period of time when (1) there is a declared disaster or emergency and (2) a licensed adult care home suspends or restricts the normal visitation policy for any reason.
Requires the DHHS Secretary to implement the visitation protocols established under new GS 131D-7.1 by March 15, 2022, and submit a summarizing report of the protocols to the specified NCGA committee chairs at least 30 days prior to implementation.
Makes conforming changes to the act's long title.
Part I.
Amends GS 163-82.3 and GS 163-82.6 authorizing county boards of elections to accept automatic voter registration.
Amends GS 163-82.19 to require, beginning January 1, 2022, the Division of Motor Vehicles, in consultation with the State Board of Elections, to develop and implement a method by which eligible individuals shall be automatically registered to vote. Requires DMV officials taking driver's license applications to affirmatively inquire whether the applicant wishes to register to vote or update their registration, note the applicant's response, and register the applicant to vote if the applicant wishes. The applicant must attest to the information provided for voter registration. Confidentiality of voter information must be maintained by the State Board of Elections. Specifies that the statute does not require the Department of Transportation to determine eligibility for voter registration and voting.
The above provisions are effective January 1, 2022.
Amends GS 163-82.20 to require, beginning January 1, 2023, voter registration agencies (which include state offices that accept applications for public assistance, services for persons with disabilities, and unemployment benefits) to provide, in consultation with the State Board of Elections, an application process for automatic voter registration with each recertification, renewal, or change of address relating to the service or assistance of the agency. Specifies certain procedural requirements substantially similar to those provided for in GS 163-82.19, as amended. Does not require an agency to provide automatic voter registration to a person with a disability at the person's home. Requires electronic transmittal of applications to the appropriate board of elections.
Amends GS 163-82.20A to authorize automatic voter registration at the time of restoration of citizenship, effective January 1, 2022. Further amends the statute to authorize online voter registration at the time of restoration of citizenship.
Part II.
Amends GS 163-82.6 to no longer prohibit the use of an electronically captured signature on a voter registration form, including signatures on applications generated by computer programs of third-party groups.
Part III.
Amends GS 163-82.5 by adding the requirement that the State Board of Elections make the voter registration application forms available for completion and submission on a secure website.
Enacts new GS 163-82.5A allowing an individual to register to vote or change voter registration online if the individual: (1) is eligible to register to vote and (2) possesses a current and valid North Carolina driver's license (including a learner's permit or provisional license) or a special identification card for nonoperators. Requires the State Board to establish a secure website for the completion and submission of voter registration applications. Specifies information that the website must allow an individual to submit, including information to establish eligibility and the individual's email address. Requires the county board of elections, upon receipt of an online application, to verify specified applicant information. Requires the Division of Motor Vehicles (DMV) to transfer the applicant's digital signature in the DMV records to the State Board if the State Board verifies the driver's license or Social Security number. Requires the State Board to notify the applicant if the State Board cannot verify the driver's license or Social Security number.
Amends GS 163-82.10 to add electronic data associated with online voter registration under new GS 163-82.5A to the information that is confidential.
Effective December 1, 2021.
Part IV.
Amends GS 163-231 to require an absentee voting ballot to be witnessed by one person instead of two. Removes provisions related to a notary acting as a witness in lieu of the two witnesses. Makes conforming changes. Makes conforming changes to GS 163-229 concerning the identification of witnesses on the container-return envelope.
Amends GS 163-230.2 by adding the requirement that the State Board of Elections (State Board), at least 90 days before a primary or general election, collaborate with county boards of elections to ensure every registered voter in this state receives by mail a request form for an absentee ballot. Requires all absentee ballot request forms to be sent with prepaid postage for the return of the request form. Makes conforming changes. Specifies that completed request forms for absentee ballots are to be delivered either in person or by mail, email, or fax to the county board of elections (previously, did not specify the manner of delivery).
Makes a conforming repeal of GS 163-237(d7), which made it a Class I felony for any member serving on the State Board or on any county board of elections, or any employee of the State Board or a county board of elections, to knowingly send or deliver an absentee ballot to any person who has not requested one.
Amends GS 163-231 to require absentee ballots to be in preaddressed envelopes, postage paid upon return. Adds that when an absentee ballot is received by mail without a postmark, the county board of elections is to verify receipt of the ballot by stamping the date it was received on the ballot. Requires each local board of elections to provide at least one absentee ballot drop box at its county board of elections office at least 15 days before the election and allows providing additional drop boxes. Deems a voter voting by mail-in absentee ballot who deposits the absentee ballot in one of these drop boxes by the close of voting in the precinct on election day to have validly cast that ballot.
Enacts new GS 163-231.1 requiring the State Board to take all reasonable steps to cure an absentee ballot that would otherwise not be counted because of missing voter signature, witness signature, witness address, or assistant address. Requires notifying voters of signature mismatches or unsigned absentee ballots no later than eight days before certification of the election, and gives voters until 5:00 p.m. two days before the certification of the election to cure the signature information. Makes a presumption that a voter's signature is valid and rejects signatures only if the signatures differ in multiple, significant, and obvious ways. Requires notifying the voter if it appears that the voter's ballot will not be counted, upon which the voter must be given the option to vote in person within the appropriate time constraints or at an authorized polling place.
Part V.
Amends GS 163-41 by removing the prohibition on the county board appointing nonresidents of the precinct to a majority of the three positions of chief judge and judge in a precinct.
Amends GS 163-42 to require the county board, when it is determined that assistants are needed in a precinct, to ensure, when possible, that no precinct has precinct officials who are all registered with the same political party (was, an equal number must be appointed from different political parties, unless the requirement as to party affiliation cannot be met because of an insufficient number of voters of different political parties within the county). Removes the prohibition on the county board appointing nonresidents of the precinct to a majority of the positions as precinct assistant in a precinct.
Part VI.
Amends GS 163-227.6 by allowing a county board of elections, by majority vote of all of its members, to adopt a Plan of Implementation that establishes flexibility in voting hours for the opening and closing of one-stop early voting sites if the county board of elections wants to adopt a Plan that deviates more than two hours from the one-stop early voting schedule under this statute.
Amends GS 163-227.2 by extending the end time of one-stop voting on the last Saturday before the election by two hours to 5:00 pm.
Part VII.
Enacts GS 163-4 to treat the Tuesday after the first Monday in November in each even-numbered year as a legal public holiday for purposes of State employment.
Encourages private employers in this state to allow their employees to take a day off on the Tuesday after the first Monday in November in each even-numbered year to enable those employees to vote on election day.
Part VIII.
Amends GS 163-27.1 to allow the Executive Director of the State Board to exercise emergency powers to conduct an election in a district where the normal schedule for the election is disrupted by a pandemic or national health crisis as declared by the President or the Governor.
Part IX.
Includes a severability clause.
| Intro. by Morey, Dahle, K. Smith, Quick. | GS 163 |
Identical to S 374, filed 3/29/21.
Amends GS 20-130.1(c) to exempt publicly owned fire apparatus from the prohibition against possessing a blue light or installing, activating, or operating a blue light in or on any vehicle, punishable as a Class 1 misdemeanor. Provides that the blue lights must be visible only from the rear of a fire apparatus when the parking brake is engaged and the on-scene lights are activated. Defines fire apparatus to mean pumper apparatus, mobile foam apparatus, initial attack apparatus, quint, tanker apparatus, and aerial apparatus, as those terms are defined in the most recent National Fire Protection Association guidance referenced. Effective December 1, 2021.
| Intro. by Potts, Boles, Moss. | GS 20 |
Enacts GS 14-18.3, prohibiting as a defense to homicide prosecutions under Article 6, the discovery of, perception of, or belief about another person's actual or perceived sex, gender, gender identity, or sexual orientation, whether or not accurate, specifying the same is not provocation negating malice as an element of murder. Specifies that the statute does not preclude the admission of evidence of a victim's or witness's conduct, behavior, or statements that is relevant or otherwise admissible.
Enacts identical provisions to GS 14-34.11, applicable to prosecutions for assault under Article 8.
Applies to offenses committed on or after December 1, 2021. Provides a savings clause for prosecutions for offenses committed before December 1, 2021.
| Intro. by Autry, Morey, Clemmons, Alston. | GS 14 |
Part I. Housing
Amends GS 41A-4, which delineates unlawful discriminatory housing practices, to refer to the protected status of another person as the basis for unlawful discrimination instead of listing specific protected classes (currently, race, color, religion, sex, national origin, handicapping condition, or familial status). Adds protected status to the defined terms in GS 41A-3 and defines the term to mean a person's race, color, national origin, religion, age, disability, sex, marital status, familial status, sexual orientation, gender identity, military or veteran status, or genetic information. Makes conforming changes to use a person's protected status language to replace specific classes of persons throughout GS 41A-4 and GS 41A-5 (concerning proof of a violation of GS 41A-4).
Amends GS 41A-6, which exempts from GS 41A-4 [except for subdivision (a)(6)] religious institutions and organizations operated by religions institutions or organizations that give preference to members of the same religion in a real estate transaction, so long as membership in that religion is not restricted by a protected status, other than religion (previously, specified race, color, sex, national origin, handicapping condition or familial status).
Part II. Employment
Amends GS 143-422.2 to establish that it is the public policy of the State to protect and safeguard the right and opportunity of all persons to seek, obtain and hold employment without discrimination or abridgment on account of race, religion, color, national origin, age, sex, sexual orientation, gender identity, disability, marital status, familial status, military or veteran status, or genetic information (previously, only protected race, religion, color, national origin, age, sex or handicap) by employers which regularly employ one or more employees (was, 15 or more employees).
Makes conforming changes to expand employment protections to those same classes added to GS 143-422.2 by this act, to GS 126-16 (Equal opportunity for employment and compensation by State departments and agencies and local political subdivisions) and GS 126-34.02(b) (concerning the appeal process for agency employment discrimination, harassment, and retaliation issues to be heard as contested cases).
Part III. Public Accommodations
Enacts Article 49B to GS Chapter 143, Equal Access to Public Accommodations, to be known as the Equal Access to Public Accommodations Act. Provides a legislative declaration that it is the public policy of the State to protect and safeguard the right and opportunity of all individuals within the State to enjoy fully and equally the goods, services, facilities, privileges, advantages, and accommodations of places of public accommodation free of discrimination because of race, religion, color, national origin, sex, sexual orientation, gender identity, disability, marital status, familial status, military or veteran status, or genetic information.
Establishes that it is not discrimination on the basis of sexual orientation or gender identity for a public accommodation to provide separate bathrooms or changing facilities based on gender. Mandates places of accommodation to provide access to facilities based on a person's gender identity. Defines place of public accommodations to have the same meaning as defined in GS 168A-3(8), but excludes any private club or other establishment that is not in fact open to the public.
Authorizes the Human Relations Commission (Commission) in the Department of Administration to receive, investigate, and conciliate complaints of discrimination in public accommodations, and directs the Commission to effect an amicable resolution. Provides that in the event the Commission cannot effect an amicable resolution of the charges of discrimination, the complainant and the Commission can proceed with an enforcement action in accordance with GS 41A-7 (State Fair Housing Act enforcement provisions).
IV. Credit
Enacts GS 75-44 to prohibit discrimination by any person engaged in any form of lending money in this State, or to residents of this State, in the extension of credit on the basis of race, color, national origin, religion, age, disability, sex, marital status, familial status, sexual orientation, gender identity, military or veteran status, or genetic information. Allows complainants concerning violations of this statute to file a grievance with the Human Relations Commission. Directs the Commission to effect an amicable resolution, and in the event the Commission cannot effect an amicable resolution, the complainant and the Commission can proceed with an enforcement action in accordance with GS 41A-7, as similarly provided in GS 143-422.13 enacted by this act. Makes a violation of this statute an unfair trade practice in violation of GS 75-1.1.
Part V. Insurance
Amends GS 58-3-25 to prohibit discriminatory practices by insurers because of an individual's race, color, national or ethnic origin, religion, sex, marital status, familial status, sexual orientation, gender identity, disability, military or veteran status, or genetic information (previously, only protected race, color, national or ethnic origin).
Part VI. Education
Amends GS 115C-47 to require each local board of education to adopt a policy to establish that the local board of education and school personnel employed by the local board must not discriminate on the basis of race, color, national origin, religion, age, disability, sex, marital status, familial status, sexual orientation, gender identity, military or veteran status, or genetic information. Requires that the policy include that any person who claims to have been injured by an unlawful discriminatory practice or who reasonably believes that he or she will be irrevocably injured by an unlawful discriminatory practice may file a complaint with the North Carolina Human Relations Commission. Requires the Commission to then work with the relevant parties to develop an amicable resolution to the charge of discrimination, and allows the complainant and the Commission to proceed with an enforcement action if the Commission is unable to effect an amicable resolution of the charges.
Enacts new GS 115C-112.10 prohibiting nonpublic schools that accepts students receiving scholarships grants from discriminating on the basis of race, color, national origin, religion, age, disability, sex, marital status, familial status, sexual orientation, gender identity, military or veteran status, or genetic information. Allows person who claim to have been injured by an unlawful discriminatory practice or believes that they will be irrevocably injured by such to file a complaint with the North Carolina Human Relations Commission. Requires the Commission to then work with the relevant parties to develop an amicable resolution to the charge of discrimination, and allows the complainant and the Commission to proceed with an enforcement action if the Commission is unable to effect an amicable resolution of the charges.
Amends GS 115C-218.45 to expand the basis on which a charter school must not limit admission to also include color, age, sex, marital status, familial status, sexual orientation, gender identity, military or veteran status, or genetic information; removes creed and ancestry. Allows a charter school that serves only certain grade levels to limit admission based on age.
Amends GS 115C-218.55 to prohibit a charter school from discriminating on the basis of national origin, race, color, religion, age, sex, marital status, familial status, sexual orientation, gender identity, military or veteran status, genetic information, or disability (was, only ethnicity, national origin, gender, or disability). Allows any person who claims to have been injured by an unlawful discriminatory practice or who reasonably believes that he or she will be irrevocably injured by an unlawful discriminatory practice to file a complaint with the North Carolina Human Relations Commission. Requires the Commission to then work with the relevant parties to develop an amicable resolution to the charge of discrimination, and allows the complainant and the Commission to proceed with an enforcement action if the Commission is unable to effect an amicable resolution of the charges.
Repeals GS 115C-521.2 which required local boards of education to require every multiple occupancy bathroom or changing facility that is designated for student use to be designated for and used only by students based on their biological sex.
Amends GS 115C-562.5 to prohibit a nonpublic school from discriminating on the basis of on the basis of race, color, national origin, religion, age, disability, sex, marital status, familial status, sexual orientation, gender identity, military or veteran status, or genetic information. Allows any person who claims to have been injured by an unlawful discriminatory practice or who reasonably believes that he or she will be irrevocably injured by an unlawful discriminatory practice to file a complaint with the North Carolina Human Relations Commission. Requires the Commission to then work with the relevant parties to develop an amicable resolution to the charge of discrimination, and allows the complainant and the Commission to proceed with an enforcement action if the Commission is unable to effect an amicable resolution of the charges.
Amends GS 115D-77 to expand upon the State Board of Community Colleges and local board of trustees nondiscrimination policy to also prohibit discrimination on the basis of color, sex, marital status, familial status, sexual orientation, gender identity, military or veteran status, and genetic information. Adds that the State Board and each board of trustees must give equal opportunity for employment and compensation of personnel at community colleges without regard to marital status, familial status, sexual orientation, gender identity, military or veteran status, or genetic information, in addition to the already listed categories. Allows any person who claims to have been injured by an unlawful discriminatory practice or who reasonably believes that he or she will be irrevocably injured by an unlawful discriminatory practice to file a complaint with the North Carolina Human Relations Commission. Requires the Commission to then work with the relevant parties to develop an amicable resolution to the charge of discrimination, and allows the complainant and the Commission to proceed with an enforcement action if the Commission is unable to effect an amicable resolution of the charges.
Amends GS 116-11 to require the UNC Board of Governors to adopt a policy to provide that UNC and its affiliates and personnel employed by UNC and its affiliates must not discriminate on the basis of race, color, national origin, religion, age, disability, sex, marital status, familial status, sexual orientation, gender identity, military or veteran status, or genetic information. Requires that the policy include that any person who claims to have been injured by an unlawful discriminatory practice or who reasonably believes that he or she will be irrevocably injured by an unlawful discriminatory practice may file a complaint with the North Carolina Human Relations Commission. Requires the Commission to then work with the relevant parties to develop an amicable resolution to the charge of discrimination, and allows the complainant and the Commission to proceed with an enforcement action if the Commission is unable to effect an amicable resolution of the charges.
Part VII. Jury Service
Amends GS 15A-1214 to prohibit excluding a person from jury service on account of race, race, color, national origin, religion, age, disability, sex, marital status, familial status, sexual orientation, gender identity, military or veteran status, or genetic information.
Part VIII.
States legislative findings regarding the State's antidiscrimination laws. Directs the Legislative Research Commission to conduct a review of State antidiscrimination laws to develop legislative proposals that will further equality for all in NC through comprehensive legislation.
Part IX.
The act is effective July 1, 2021.
| Intro. by Alston, Harrison, Fisher. | STUDY, GS 15A, GS 41A, GS 58, GS 75, GS 115C, GS 115D, GS 116, GS 126, GS 143 |
Repeals Article 81A, Preemption of Regulation of Access to Multiple Occupancy Restrooms, of GS Chapter 143.
| Intro. by Meyer, Morey, Butler, John. | GS 143 |
Includes whereas clauses. Enacts new Article IM, Mental Health Protection Act, in GS Chapter 90. Prohibits the following from engaging in conversion therapy with an individual under age 18 or an adult who has a disability, as defined: licensed clinical social workers, licensed marriage and family therapists, licensed clinical mental health counselors, licensed psychiatrists, and licensed psychologists. Conversion therapy is defined as any practices or treatments that seek to change an individual's sexual orientation or gender identity, including efforts to (1) change behaviors and gender expressions or (2) eliminate or reduce sexual or romantic attractions or feelings towards individuals of the same gender. Excludes from conversion therapy counseling that provides assistance to an individual undergoing gender transition or counseling that provides acceptance, support, and understanding of an individual or facilitates an individual's coping, social support, and identity exploration and development as long as such counseling does not seek to change an individual's sexual orientation or gender identity. Considers conversion therapy practiced by those named classes of professionals as unprofessional conduct and makes the professional subject to discipline. Directs the Department of Health and Human Services to report to the appropriate licensing entity any professional found to be in violation of the statute. Authorizes DHHS to adopt rules to set forth and implement reporting requirements for violations. Prohibits State funds, or any funds belonging to a municipality, agency, or political subdivision of this State, from being expended for the purpose of conducting conversion therapy, referring an individual for conversion therapy, health benefits coverage for conversion therapy, or a grant or contract with any entity that conducts conversion therapy or refers individuals for conversion therapy. Includes a severability clause.
| Intro. by Fisher, Butler, Dahle, Harrison. | GS 90 |
Includes whereas clauses.
Makes the following changes to Article 1K, GS Chapter 90, which prohibits certain abortions.
Adds conception and physician to the defined terms set forth in GS 90-21.120.
Expands GS 90-21.121 to prohibit performing or attempting to perform an abortion unless the physician scheduled to perform or attempt to perform the abortion has confirmed before the abortion that the woman is not seeking an abortion because of (1) the actual or presumed race or racial makeup of the unborn child, (2) the sex of the unborn child, or (3) the presence or presumed presence of Down syndrome (previously, prohibited from performing or attempting to perform an abortion when with knowledge or a reasonable belief that a significant factor in the women seeking the abortion is the sex of the unborn child). Eliminates the provision that specifies that the statute does not place an affirmative duty on a physician to inquire as to whether the sex of the unborn child is a significant factor in the woman seeking the abortion. Adds a new provision explicitly prohibiting intentionally or knowingly performing or attempting to perform or induce an abortion of an unborn child if sought because of the actual or presumed race or sex of the unborn child or because of the presence or presumed presence of Down syndrome. Makes conforming changes to the statute's title.
Adds to the information a qualified physician must record when advising, procuring, or causing a miscarriage or abortion after the 16th week of pregnancy under GS 14-45.1 to include whether the race, sex, or presence or presumption of Down syndrome in the unborn child has been detected prior to the abortion by any type of genetic testing or ultrasound, or any other form of testing, and a statement confirming that the woman did not tell the physician and the physician has reason to believe that the woman did not seek the abortion because of the unborn child's actual or presumed race or sex or the presence or presumed presence of Down syndrome, as well as probable health consequences of the abortion. Adds a new requirement for the physician to provide a signature attesting under oath that the information contained in the report is true and correct to the best of the physician's knowledge.
Applies to all abortions performed on or after September 1, 2021.
Includes whereas clauses.
Appropriates $440,000 for 2021-22 from the General Fund to the Department of Environmental Quality, Division of Waste Management, to provide a grant-in-aid to the Fayetteville Public Works Commission (Commission) as title indicates.
Provides that the Commission is to submit an interim report on activities conducted pursuant to the act to the specified NCGA commission, committee, and division by December 31, 2022, and a final report by December 31, 2023.
| Intro. by Szoka, Richardson, Brisson, Davis. | APPROP, Cumberland |
Includes whereas clauses. Enacts new GS 116-6.2 governing the appointment of legislative members to the UNC Board of Governors (BOG), as follows. Requires that every two years, beginning in 2021, the following legislative members of the BOG are to be appointed as follows: (1) two candidates must be appointed upon the recommendation of the President Pro Tempore of the Senate from the current membership of the Senate; and (2) two candidates must be appointed upon the recommendation of the Speaker of the House of Representatives from the current membership of the House of Representatives. Terms commence on July 1 of odd-numbered years, and all legislative members serve two-year terms, with no one legislator serving more than two full terms. Specifies that legislative members do not have a vote. Provides for filling vacancies. Specifies that a legislator appointed as a member to the BOG serves in an ex officio capacity and that the service does not constitute the holding of an office for the purpose of determining dual office holding under the State constitution. Makes conforming changes to GS 116-7.
| Intro. by Howard, Saine, Bell, Richardson. | GS 116 |
Includes various whereas clauses.
Amends GS 160D-201 to restrict cities' planning and development powers to within the city's corporate limits, no longer providing for jurisdiction within any established extraterritorial area.
Amends the caption of GS 160D-202 to read Transfer or relinquishment of jurisdiction (was, Municipal extraterritorial jurisdiction). Deletes all substantive language of GS 160D-202 regarding a city's ability to exercise extraterritorial jurisdiction. Remaining language provides that a county can exercise powers outside of the city's corporate limits upon request by the city, that a city can enforce its regulations after an area that is currently regulated by county planning and development regulations is annexed by the city and the city adopts such regulations or a period of 60 days has elapsed since the annexation, and that a city can relinquish jurisdiction to the county. Maintains existing provisions regarding the process for local government requests, approval, and agreements under the statute, as well as the effect of jurisdiction transfers upon vested rights.
Repeals GS 160D-307, Extraterritorial representation on boards. Amends GS 160D-602 (regarding zoning map amendments), GS 160D-903 (regarding agricultural uses), GS 160D-912 (regarding outdoor advertising), GS 160D-925 (regarding stormwater control), and GS 160D-1125 (regarding lien enforcement) to remove references to and provisions governing planning and development regulation in extraterritorial jurisdictions.
Repeals any provision in a local act which previously granted a city the power to exercise extraterritorial planning jurisdiction pursuant to GS Chapter 160A, Article 19, or its GS Chapter 160D successor.
Provides that, effective January 1, 2022, jurisdiction over an area that a city is regulating pursuant to extraterritorial planning jurisdiction is relinquished. Provides that a city can relinquish such regulation prior to January 1, 2022, as long as the city complies with the provisions of GS Chapter 160A, Article 19, or its GS Chapter 160D successor.
Provides that upon relinquishment of an area of extraterritorial jurisdiction, city regulations will remain in effect until (a) the county has adopted regulations or (b) a period of 60 days since the effective date of the act has elapsed. Further provides that individuals that have acquired vested rights under a permit, certificate, or other evidence of compliance issued by the city can continue to exercise such rights as if no change of jurisdiction has occurred. Allows the county acquiring jurisdiction to take any action regarding such rights that could have been taken by the city that surrendered jurisdiction. Provides that buildings, structures, or other land use in a territory which a county has acquired jurisdiction are subject to the ordinances and regulations of the county.
Makes various conforming changes concerning the repeal of extraterritorial jurisdiction authority in the following sections: GS 113A-208 (Regulations of mountain ridge construction by counties and cities), GS 122C-403 (Secretary's authority over Camp Butner reservation), GS 122C-405 (Procedure applicable to rules), GS 122C-410 (Authority of county or city over Camp Butner Reservation; zoning jurisdiction by Town of Butner over State lands), GS 136-55.1 (Notice of abandonment), GS 136-63 (Change or abandonment of roads), GS 136-66.3 (Local government participation in improvements to the State transportation system), GS 143-138 (North Carolina State Building Code), GS 153A-317.14 (Extension of economic development and training districts), GS 160A-58.4 (Extraterritorial powers), GS 160A-176.1 (Ordinances effective in Atlantic Ocean), GS 160A-176.2 (Ordinances effective in Atlantic Ocean), GS 160A-296 (Establishment and control of streets; center and edge lines), and GS 160A-299 (Procedure for permanently closing streets and alleys).
Enacts new language to define the term extraterritorial jurisdiction as meaning the boundaries of an area over which a specified city was exercising extraterritorial planning jurisdiction prior to the city's relinquishment of jurisdiction on or before January 1, 2022. New language can be found in the following sections: GS 122C-3, GS 130A-317, GS 143-215.1, and GS 160A-340.2.
Specifies that the act has no effect on the extraterritorial jurisdiction of law enforcement officers as authorized under GS Chapter 77, specified statutes, or any other local or general law.
Effective January 1, 2022.
Appropriates $3 million for 2021-22 from the General Fund to the Airborne and Special Operations Museum Foundation for operating expenses of the US Army Airborne & Special Forces Museum. Effective July 1, 2021.
| Intro. by Szoka, Wheatley, Richardson, Lucas. | APPROP, Cumberland |
Adds new Article 55B, Food Desert Agriculture Grants, in GS Chapter 106, which provides as follows. Establishes the North Carolina Food Desert Agriculture Grant Fund (Fund) as a special fund in the Department of Agriculture and Consumer Services (DACS). Makes DACS responsible for administering the Fund using personnel and other administrative resources of the Agricultural Development and Farmland Preservation Trust Fund program. Allows the Fund to receive funds appropriated by the NCGA and any gifts, grants, or donations from any public or private sources. Requires the Fund to be used to encourage agricultural production and availability in food desert zones in the state. Allows an owner of property located in a food desert zone using the property for an eligible activity to apply for a grant from the Fund. Defines eligible activity as the use of real property for the production of crops or plants for sale as food or as a farmers' market. Allows charging grant applicants a fee for reviewing and processing applications. Specifies that grant amounts do not exceed the property tax due for the property in the year the application is submitted reduced by the amount of any rent charged for using the property for an eligible activity and reduced proportionately for (1) any amount of the property not used for the eligible activity and (2) any full months during the tax year when the property was not used for the eligible activity. Requires awards to be issued in the order that applications were received. Requires that when the amount of eligible grants requested in a fiscal year exceeds available funds, that the grants be paid in the next fiscal year when funds are available. Allows DACS to issue rules to implement the Article. Requires DACS to report on grants made from the Fund annually by February 1, with copies to be made available to the specified NCGA committee and division. Specifies items to be included in the report.
Appropriates $500,000 in 2021-22 from the General Fund to DACS for the grants under Article 55B.
Amends GS 20-84, as the title indicates. Effective July 1, 2021.
| Intro. by K. Baker. | GS 20 |
Requires the Wildlife Resources Commission (WRC) to issue: (1) one Elk Conservation License by auction; and (2) one Elk Conservation License by raffle. Specified the allowed hunting parameters under the Elk Conservation License. Requires the licensee to report the kill to the WRC. Specifies that an Elk Conservation License obtained by auction or raffle is nontransferable and may not be resold or reassigned. Requires the WRC to conduct a raffle for one Elk Conservation License. Requires the WRC to authorize a nonprofit wildlife conservation organization to conduct an auction for one Elk Conservation License and allows contracting with the nonprofit wildlife conservation organization to conduct the auction. Requires the nonprofit wildlife conservation organization to be the largest organization in the State dedicated to promoting hunting, fishing, and the outdoors to youth. Gives the nonprofit 40% of the proceeds of the auction, with remaining proceeds deposited in the Wildlife Fund and used for the conservation and management of elk. Allows WRC to retain the actual costs of administering the raffle, with remaining raffle proceeds deposited in the Wildlife Fund and for the conservation and management of elk.
Requires the WRC to adopt rules for the use of the Elk Conservation License, and to prescribe the method of making the report and the content of the report and to require positive identification of the carcass of the kill.
Requires WRC to report, by March 1, 2022, to the specified NCGA committee and division on the effectiveness of the auction and raffle programs, including how much money was raised, whether to continue the programs, and if so, legislative recommendations to improve the programs.
| Intro. by Moss, Szoka, Sasser, Gillespie. | UNCODIFIED |
To be summarized.
| Intro. by Howard, Szoka, Setzer, Bradford. |
Appropriates $500,000 for 2021-22 from the General Fund to Opportunities Industrialization Center Inc. to be used as title indicates. Effective July 1, 2021.
Identical to S 295, filed 3/15/21.
Includes whereas clauses. Appropriates $9,875,400 from the General Fund to the Department of Natural and Cultural Resources (DNCR), to be allocated for the following purposes: (1) purchase land containing Hayes Manor and the Samuel Johnston Historic Farm in Chowan County, to be added to Edenton State Historic Site; (2) purchase land adjacent to the Moore's Creek National Battlefield in Pender County, with the requirement for DNCR to enter into a Memorandum of Agreement with the National Park Service to manage the site; (3) purchase land near the Alamance Battleground State Historic Site, to be added to the Historic Site; (4) purchase land adjacent to the Charlotte Hawkins Brown State Historic Site in Guilford County, to be added to the Historic Site; (5) purchase land at the Shallow Ford of the Yadkin in Forsyth County, to be managed in conjunction with other nearby historic sites; (6) purchase a conservation and preservation easement for land at the site of the Cherokee settlement of Watauga Town in Macon County; and (7) purchase two sites and a conservation and preservation easement at a third site at the site of the Cherokee settlement of Nikwasi Town in the Town of Franklin in Macon County. Requires DNCR, at each of these sites, to seek to partner with nonprofit organizations to provide funds and in-kind contributions for site development, preservation, or operational support. Requires DNCR to report to the specified NCGA committee and division by April 1, 2022, with an estimate of any additional recurring costs associated with acquisition, maintenance, and operation of these sites. Effective July 1, 2021.
Enacts GS 105-153.11, providing for a tax credit for each of a taxpayer's eligible dependent children who is a State resident and is enrolled in a home school that meets state law requirements for one or two semesters during the taxable year. Defines eligible dependent child. Sets the tax credit amount at $1,250 per semester. Details semester parameters for taxable years, and deems an eligible dependent child to be enrolled in a home school for a semester if the child is enrolled in that home school for more than 70 days during that semester. Disqualifies children who spent any time enrolled in public school in the semester, spent any time enrolled as a full-time student in a postsecondary education institution in the semester, was 22 years or older during the entire semester, or graduated from high school prior to the end of the semester. Lists information taxpayers must provide to the Secretary of Revenue upon request. Allows for refund of the credit pursuant to state law if the credit allowed exceeds taxes imposed, reduced by the sum of all credits allowed. Provides for nonrefundable credits to be subtracted before refundable credits in computing taxes against multiple credits.
Directs the Department of Revenue to report to the specified NCGA committees on the administration of new GS 105-153.11 by December 1, 2022. Details required content of the report.
Effective for taxable years beginning on or after January 1, 2021, and apply to semesters for which credit is claimed beginning on or after July 1, 2021.
| Intro. by Pittman, Kidwell. | GS 105 |
Amends GS 20-79.4(b) as title indicates. Establishes a special plate fee of $30 and requires that $20 of that fee be transferred quarterly to the North Carolina Botanical Garden Foundation, Inc., to support plant conservation and research. Effective July 1, 2021.
| Intro. by Insko, Iler, Davis, Martin. | GS 20 |
The Daily Bulletin: 2021-03-30
House committee substitute amends the 3rd edition as follows. Adds the following.
Amends GS 7A-30 to deem decisions of the Court of Appeals upon review of any order appealed pursuant to GS 7B-1001(a), as amended (enumerates final orders in juvenile matters that have a right of appeal directly to the Court of Appeals) only appealable to the Supreme Court pursuant to GS 7A-31, which provides parameters for discretionary review by the Supreme Court. Makes conforming, clarifying, and organizational changes.
Enacts GS 7A-343(16), adding to the duties of the Director of the Administrative Office of the Courts (Director). Requires the Director to submit an annual report of appeals of termination of parental rights cases, transmitted by February 1 of each year to the Chief Justice and the NCGA. Lists required content of the report regarding the number of cases properly filed with the Court of Appeals, the dates notice of appeal and record were filed with the Court of Appeals, the date the Court of Appeals issued a final opinion for each case, the number of cases heard by the Supreme Court and the dates the record is received and a final opinion is issued by the Supreme Court, and the average age of the cases measured by the date of notice of appeal filed and the date the record was filed for both courts.
AN ACT TO PROVIDE 2021 COVID-19 RELIEF MEASURES FOR EMPLOYERS AND CLAIMANTS UNDER THE UNEMPLOYMENT INSURANCE SYSTEM, TO REDUCE THE SUTA TAX RATE FOR 2021, AND TO MAKE TECHNICAL AND CLARIFYING CHANGES REQUESTED BY THE DIVISION OF EMPLOYMENT SECURITY. SL 2021-5. Enacted March 30, 2021. Effective March 30, 2021, except as otherwise provided.
| Intro. by Edwards. | GS 96 |
Senate committee substitute to the 1st edition makes the following changes. Requires the Collaboratory to analyze trends through at least the last few decades to assess and develop policy recommendations to better manage the overall health and viability of the State's fisheries and fisheries' habitats (was, to assess the effectiveness of State policies governing the viability of these species and their habitats).
| Intro. by Lee, Sanderson, Lazzara. | STUDY |
Senate amendment makes the following changes to the 2nd edition.
Amends the proposed changes to GS 15A-145.8A, expanding upon who may file a petition for expunction from the person's criminal record persons convicted of any misdemeanor or Class H or I felony that was not excluded under the statute, that was committed prior to December 1, 2019, and while the person was less than 18 years of age, but at least 16 years of age. Allows the petition to be filed by a person, the district attorney, or at the request of the person eligible for expunction under the statute, an attorney (was, the public defender or private counsel at the request of a person eligible for expunction under the statute; current law is limited to the person or the district attorney).
| Intro. by Britt, Daniel, Lee. | GS 15A |
Senate committee substitute to the 1st edition makes the following changes. Removes the proposed language in GS 160D-1104 concerning local government inspections for compliance with the NC Residential Code for One- and Two-Family Dwellings and the NC Building Code (Codes). Instead, adds a new provision to provide that when a subsequent inspection is conducted to verify completion or correction of instances of Code noncompliance, any additional violations of the Code that the inspector notes on items that were already approved by the inspections department will not delay the issuance of a temporary certificate of occupancy. Prohibits charging a fee for the reinspection of those items. Maintains the January 1, 2022, effective date.
| Intro. by Johnson, Jarvis. | GS 160D |
Senate committee substitute to the 1st edition makes the following changes. Deletes the proposed changes to GS 143B-289.54, which (1) amended the requirements for the Marine Fisheries Commission membership; (2) specified that other than routine communications sent from Division staff to all Commission members, any electronic, oral, or other communications among a majority of the Commission is considered an official meting; and (3) required publication of the meeting agenda. Deletes the proposed changes to GS 143B-289.57, which amended requirements for the Marine Fisheries Commission Advisory Committees, including (1) decreasing the number of standing advisory committees and regional advisory committees; (2) required the chair to be designated based on recommendations by the Division; (3) made provisions governing standing advisory committees also applicable to regional advisory committees; and (4) added the requirement that if the Commission rejects a conclusion or recommendation from an advisory committee, the Commission must provide its reasons for doing so, in writing.
Amends GS 113-132 by removing the proposed language that specified that the Marine Fisheries Commission does not have jurisdiction over matters clearly within the jurisdiction of the Department of Environmental Quality, including policy matters.
Senate amendment to the 1st edition makes the following changes. Provides that the Senate confirms (instead of requiring the Senate to consider whether to confirm) Lt. Gen. Walter Gaskin as Secretary of the Department of Military and Veterans Affairs.
| Intro. by Rabon. | SENATE RES |
Part I. titles the act as the "Excellent Public Schools Act of 2021."
Part II.
Adds Science of Reading to the defined terms in GS 115C-83.3 applicable to Part 1A of Article 8, the NC Read to Achieve Program. Defines the terms to mean evidence-based reading instruction practices that address the acquisition of language, phonological and phonemic awareness, phonics and spelling, fluency, vocabulary, oral language, and comprehension that can be differentiated to meet the needs of individual students.
Part III.
Enacts GS 115C-83.4B as a new statute in Article 8, establishing the Early Literacy Program (Program). Directs the Department of Public Instruction (DPI) to use the Program to build strong foundational early literacy skills using the Science of Reading for children in the NC Pre-K program. Identifies three components DPI must focus on as part of the Program, including training for educators and administrators working with Pre-K children through a third-party independent teacher training program, integration of age-appropriate resources in the Pre-K program, and administration of a formative assessment at the conclusion of Pre-K participation to be shared with the child's kindergarten teacher the following school year.
Modifies the requirement for elementary school teachers' continued licensure under GS 115C-270.30(b) to include three continuing education credits related to literacy which provide evidence-based assessment, diagnosis, and intervention strategies for students not demonstrating reading proficiency, grounded in the Science of Reading (previously required oral language, phonemic and phonological awareness, phonics, vocabulary, fluency, and comprehension to be addressed in literacy-related activities leading to license renewal).
Establishes a mandate for educators working with children in the Pre-K program and students in grades K-5 to participate in training programs contracted pursuant to Section 5A(11) of SL 2021-1, as amended by Section 1.2 of SL 2021-3 (provides $12 million to DPI to contract with Voyager Sopris Learning, Inc. for Language Essentials for Teachers of Reading and Spelling training for Pre-K and elementary school teachers). Provides that this training satisfied the literacy continuing education credits required by GS 115C-270.30(b) as amended.
Directs DPI to report to the specified NCGA committee on the Program by September 15, 2022. Lists required content of the report.
Applies beginning with the 2021-22 school year.
Part IV.
Adds to the training Educator Preparation Programs (EPPs) must provide for elementary education teachers under GS 115C-269.20(a)(2) to include coursework in the Science of Reading. Similarly amends GS 115C-269.20(a)(3) to require EPPs to ensure training for elementary and special education general curriculum teachers include instruction on early literacy intervention strategies and practices that align with the Science of Reading, including instruction in appropriate application of literacy interventions to ensure reading proficiency for all students. Applies to EPPs applying for approval or renewing approval on or after July 1, 2022.
Part V.
Directs the State Board of Education (State Board) to develop literacy instruction standards to ensure that instruction methods throughout the State are consistent and closely aligned with the NC Read to Achieve Program, Part 1A, Article 8, GS Chapter 115C, incorporating only the most effective literacy instruction methods aligned with the Science of Reading. Directs the State Board to report to the specified NCGA committee on the standards developed by May 15, 2022, and provide the standards to local boards of education by June 30, 2022.
Directs DPI to develop a literacy implementation plan to implement the standards developed by the State Board. Requires DPI to provide local boards, by June 30, 2022, a model literacy implementation plan and an example of a literacy implementation plan that would not implement the standards with explanatory guidance.
Requires administrative units to evaluate and modify its literacy curriculum and instruction methods to adhere to the standards developed by the State Board and align with the model implementation plan of DPI. Requires administrative units to submit an explanatory report of its curriculum and instruction to the State Board by December 15, 2022.
Directs regional case managers and other DPI staff to review curriculum and instruction methods of, and consult with, administrative units to ensure the State Board standards are implemented. Requires review and modification of all literacy instruction statewide to be complete by November 15, 2023. Directs modifications to be implemented as soon as possible, and mandates all curriculum and instruction modified to be in place beginning with the 2024-25 school year.
Part VI.
Modifies and adds to the defined terms set forth in GS 115C-83.3, applicable to Part 1A of Article 8, the NC Read to Achieve Program. Replaces the term instructional supports and services with the term literacy interventions, defined to mean intentional strategies used to facilitate reading development and remediate difficulty with reading development, grounded in the Science of Reading, including individual or small group instruction throughout the school year, reduced teacher-student ratios, frequent progress monitoring, tutoring in addition to the regular school day, reading camps, and extended learning time before or after the school day. Makes conforming changes. Adds the term Individual Reading Plan. Modifies the term reading camp to require the program to be offered to second and third grade students, and permitting the program to be offered to first grade students, demonstrating difficulty with reading development (previously, limited first and second graders offered participation in the program to those demonstrating reading comprehension below grade level). No longer provides that the 72 hours of reading instruction under the reading camp program must be offered over a period of at least three weeks for students on a traditional calendar. Makes conforming changes. Eliminates the defined terms reading deficiency and reading interventions. Makes conforming changes.
Now requires addressing difficulty with reading development identified through grade K-3 student assessments with literacy interventions outlined in the student's Individual Reading Plan. Makes conforming changes to conform to the Part's defined terms, as amended.
Enacts GS 115C-83.6A to require administrative units to annually submit to DPI a plan for the literacy interventions it will offer in the following school year by October 1, with content as specified. Encourages partnerships with other administrative units and community organizations. Directs DPI to review and approve plans that comply with Part 1A and the literacy intervention standards published by the State Board. Requires DPI to notify each unit of plan approval or denial and report to the specified NCGA committee on plans decisions by February 15. Provides for amended plan submission by March 15, with DPI required to approve or deny the amended plan by April 15. Withholds State-provided literacy intervention funds for units who have not received DPI plan approval by April, thereby requiring the use of local funds to fulfill the requirements of Part 1A.
Enacts GS 115C-83.6B, requiring the development of an Individual Reading Plan (IRP) for any K-3 student demonstrating difficulty with reading development based on either the first assessment of the school year or the first assessment of the second semester of the school year. Provides six required components of IRPs, including growth goals and benchmarks and literacy interventions to be used for specific reading skill deficiencies, and provides for continual adjustment of IRPs based on DPI-prescribed data sources. Establishes notice requirements for student parents or guardians regarding IRPs. Permits multi-tiered approaches that comply with IRP requirements. Directs DPI to develop a model of an IRP checklist and an alternative document for multitiered intervention systems.
Makes conforming and clarifying changes to GS 115C-83.7, GS 115C-83.8, and GS 115C-83.9 regarding student retention.
Adds to the content of annual reports by local boards under GS 115C-83.10 to include the number of K-3 students with an IRP. Adds a new reporting requirement, mandating that local boards annually report to the State Board by November 15 the number and percentage of retained third grade students placed in an accelerated reading class or transitional third and fourth class combination in the prior school year who were promoted mid-year or promoted directly to fifth grade for the school year following retention. Adds these reports to those which the State Board must annually compile and submit a summary to the Governor and specified NCGA leaders and committee by December 15. Makes conforming changes.
Amends GS 115C-83.11 to permit parents or guardians of third grade students demonstrating reading proficiency or second grade students demonstrating appropriate developmental abilities in reading comprehension to choose to enroll the student in a reading camp, subject to an attendance fee. Additionally allows for parents or guardians of first grade students demonstrating appropriate developmental abilities in reading comprehension to choose to enroll the student in a reading camp, subject to an attendance fee, if offered by the local board (previously, included with the provisions related to second grade students). Replaces reading camp priorities to provide priority for students offered a reading camp as a literacy intervention.
Makes the above provisions apply beginning with the 2022-23 school year.
Directs the State Board and DPI to conduct an analysis of literacy interventions provided in the State to determine which activities and instructional methods are most effective. Directs the State Board and DPI to develop literacy intervention standards that incorporate the most effective activities and instructional methods, with the State Board reporting to the specified NCGA committee by December 15, 2021, on the standards developed and legislative recommendations.
Directs administrative units to submit to DPI the literacy interventions to be offered by March 1, 2022, with specified content. Encourages partnership with other local administrative units and community organizations. Directs DPI to review plans and provide feedback regarding compliance with Part 1A and the literacy intervention standards published by the State Board by May 15, 2022. Allows DPI to provide a form for plan submission. Applies to the 2021-22 school year.
Part VII.
Enacts GS 115C-83.7A to establish requirements for reading camps identical to the requirements set forth in the term's definition in GS 115C-83.3(4a). Makes conforming changes to delete the language from the term's definition in GS 115C-83.3. Mandates administrative units to provide a signing bonus to teachers associated with high growth based on EVAAS data, who are awarded a reading performance bonus by DPI during the current school year, and who accept employment to provide instruction during a reading camp. Grants local boards discretion in determining the bonus amount. Additionally mandates administrative units to provide a reading camp performance bonus to teachers who provided instruction at a third grade reading camp in a per-student amount determined by local boards for each student not demonstrating reading proficiency assigned to that teacher who became proficient after completing the reading camp. Specifies that bonuses awarded are not compensation under the Teachers' and State Employees' Retirement System (TSERS). Deems teachers who have earned a reading performance bonus and who provide instruction throughout a full reading camp to have completed two of the continuing education credits related to literacy under GS 115C-270.30(b), as amended.
Adds to the requirements of reading camps under GS 115C-83.7A, as enacted, to require the camps to be provided as outlined in the administrative unit's literacy intervention plan. Effective July 1, 2022, and applies beginning with the 2022-23 school year.
Requires funding signing bonuses and reading performance bonuses from funds provided in Section 7A.1 of SL 2012-142, excluding reading camp funds. Defines reading performance bonus, applicable to 3-5 grade teachers as specified. Encourages DPI to maximize the use of funds under Section 7A.1 of SL 2012-142 each year. Restricts funds provided for reading camps under SL 2012-142 to that specific use. Requires funding signing bonuses and reading performance bonuses, and other literacy interventions described in a unit's literacy intervention plan, from funds provided in Section 7A.1 of SL 2012-142, excluding reading camp funds, applicable beginning with the 2022-23 school year.
Explicitly mandates administrative units to carry out the elements of Part 1A, Article 8, GS Chapter 115C, as amended by the act, within available funds, including the federal funds received for responding to COVID-19. Deems teachers who earn a reading bonus and provide instruction throughout a full reading camp corresponding to the 2020-21 school year to have completed two education credits related to literacy under GS 115C-270.30(b), as amended. Applies beginning with the 2022-23 school year.
Unless otherwise provided, effective July 1, 2021, and applies beginning with the 2021-22 school year.
Part VIII.
Directs DPI to develop a Digital Children's Reading Initiative (Initiative) to increase the percentage of school children who are reading proficiently by the end of third grade. Requires alignment with the Science of Reading and K-3 instruction standards. Provides for further design requirements. Allows for the provision of links to resources reflecting the appropriate standard for each grade level, available to the public on DPI's website homepage without a required login. Charges DPI with frequent monitoring of the resources linked. Identifies six literacy skills for which the Initiative is required to make home activities, printable, and games available. Directs DPI to disseminate the Initiative to all administrative units by January 15, 2022. Directs administrative units to make the Initiative's resources accessible directly though the homepage of the unit's website by July 1, 2022. Allows administrative units to compile and add appropriate resources. Requires the provision of printed resources to students who do not have digital home access and permits the provisions of printed resources to all students to supplement digital access.
Part IX.
Further amends GS 115C-83.3 to require the State Board to provide the valid and reliable alternative assessment of reading comprehension to administrative units upon request and establish achievement level ranges for the approved alternate assessment (currently requires provision of several alternative assessments). Applies beginning with the 2022-23 school year.
Directs the State Board to analyze the passage rates for alternative assessments to compare the utility of each. Directs the State Board to report to the specified NCGA committee by October 15, 2021, on the results and the one recommending alternative assessment.
Part X.
Directs DPI to create a uniform template for all data collected under Part 1A, Article 8, GS Chapter 115C, beginning with data collected during the 2013-14 school year. Requires numerical values for data components, with suppression where student privacy is a concern. Directs DPI to compile the data for each school year, beginning with the 2013-24 school year, in the uniform template for the specified NCGA committee by April 15, 2022.
Makes conforming changes to incorporate this directive regarding the use of a uniform data template into statutory law under GS 115C-83.6
Applies beginning with the 2021-22 school year, and requires inclusion of that school year's reported data.
| Intro. by Berger, Ballard, Lee. | GS 115C |
Substantively identical to H 429, filed 3/29/21.
Amends GS 116-143, which allows the UNC Board of Governors (BOG) to provide regulations permitting certain described personnel to enroll in up to three UNC courses per year, free of charge for tuition and fees. Expands the authority to allow the BOG to provide regulations under which a full-time or part-time campus law enforcement officer can enroll in the number of courses per year determined by regulation, subject to the existing parameters stated, free of charge for tuition and fees.
| Intro. by Lee, Ballard, Craven. | GS 116 |
Identical to H 383, filed 3/24/21.
Repeals the following, effective July 1, 2020: SL 2020-88 Section 15.1(b) (which enacted Article 7A of GS Chapter 108A, Hospital Assessment Act), (b1), (c), and (d) (all setting out provisions for calculating hospital costs, supplemental assessments, and base assessments for specified time periods); Section 15.2 (setting out conditions under which funds can be transferred from the Medicaid Contingency Reserve to the Division of Health Benefits as needed to cover any shortfall in receipts from the supplemental or base assessment); and Section 15.3 (concerning a new fund code entitled Hospital Assessment Fund).
Creates a new Article 7B, Hospital Assessment Act, in GS Chapter 108A, effective July 1, 2021, providing as follows. Specifies that this Article does not authorize a political subdivision of the State to license a hospital for revenue or impose a tax or assessment on a hospital. Sets out and defines 26 terms that are used in the Act, including defining acute care hospital as a hospital licensed in North Carolina that is not a freestanding psychiatric hospital, a freestanding rehabilitation hospital, a long-term care hospital, or a State-owned and State-operated hospital. Requires assessments to be calculated, imposed, and due quarterly and requires payment within seven days of the due date. Sets out actions that may be taken against hospitals owing a past-due assessment amount. Allows a hospital to appeal a determination of the assessment amount through a reconsideration review. Allows paid assessments to be included as allowable costs of a hospital for purposes of any applicable Medicaid reimbursement formula, except that assessments paid under this Article are excluded from cost settlement; prohibits adding assessments as a surtax or assessment on a patient's bill. Allows the Secretary of Health and Human Services to adopt rules to implement the Article. Provides that if the Centers for Medicare and Medicaid Services (CMS) determines that an assessment is impermissible or revokes approval of an assessment, then that assessment may not be imposed and the authority to collect the assessment is repealed.
Sets out provisions for calculating the assessment imposed against public hospitals (applicable to all public acute care hospitals) and against private hospitals (applicable to all private acute care hospitals). Details the individual components of the formula used to calculate the assessment amount. Requires that the proceeds of the assessments, and all corresponding matching federal funds, be used to make the State's annual Medicaid payment to the State, to fund payments to hospitals made directly by the Department, to fund a portion of capitation payments to prepaid health plans attributable to hospital care, and to fund graduate medical education payments. Requires the Department of Health and Human Services (DHHS) to report to the specified NCGA committees and division when DHHS is notified of a possible change in hospital status. Defines hospital status as: (1) a hospital's status as a public acute care hospital, a private acute care hospital, or a hospital owned or controlled by the UNC Health Care system and (2) the operating status of an acute care hospital as open or closed, including new hospitals and hospital closures. Makes the report due 60 days after DHHS is notified of the possible change; specifies the report's contents. Requires DHHS to report to the specified NCGA committees and division when it is notified that a change in hospital status has occurred. Requires the report to be due 60 days after DHHS is notified of the change; specifies the report's contents.
Sets out the percentages to be used in calculating the public hospital assessment and the private hospital assessment for the quarter beginning July 1, 2021. Sets out additional procedures that DHHS must use to determine the percentages used in calculating the public hospital assessment and the private hospital assessment for the quarter beginning October 1, 2021.
Requires DHHS to report to the specified NCGA committee and division by January 1, 2026, with a proposal to replace or adjust the market based percentage as the inflation factor that is used in the hospital assessments under this Article, as well as in the hospital base rates for Medicaid fee-for-service reimbursements, beginning July 1, 2026.
Effective July 1, 2021.
| Intro. by Krawiec, Burgin, Perry. | GS 108A |
Identical to H 452, filed 3/30/21.
Includes whereas clauses. Enacts new Article IM, Mental Health Protection Act, in GS Chapter 90. Prohibits the following from engaging in conversion therapy with an individual under age 18 or an adult who has a disability, as defined: licensed clinical social workers, licensed marriage and family therapists, licensed clinical mental health counselors, licensed psychiatrists, and licensed psychologists. Conversion therapy is defined as any practices or treatments that seek to change an individual's sexual orientation or gender identity, including efforts to (1) change behaviors and gender expressions or (2) eliminate or reduce sexual or romantic attractions or feelings towards individuals of the same gender. Excludes from conversion therapy counseling that provides assistance to an individual undergoing gender transition or counseling that provides acceptance, support, and understanding of an individual or facilitates an individual's coping, social support, and identity exploration and development as long as such counseling does not seek to change an individual's sexual orientation or gender identity. Considers conversion therapy practiced by those named classes of professionals as unprofessional conduct and makes the professional subject to discipline. Directs the Department of Health and Human Services to report to the appropriate licensing entity any professional found to be in violation of the statute. Authorizes DHHS to adopt rules to set forth and implement reporting requirements for violations. Prohibits State funds, or any funds belonging to a municipality, agency, or political subdivision of this State, from being expended for the purpose of conducting conversion therapy, referring an individual for conversion therapy, health benefits coverage for conversion therapy, or a grant or contract with any entity that conducts conversion therapy or refers individuals for conversion therapy. Includes a severability clause.
| Intro. by Marcus, Chaudhuri, Murdock. | GS 90 |
Part I.
Directs the Department of Health and Human Services (DHHS) to conduct a statewide analysis of doula support services, including the availability of doula and doula services, the demographic and training background diversity of doula service providers, the standards for attestation, training and certification of doulas, and the practical options for health benefit plans to include coverage for or incentivize the use of doula support services as part of value-based payments, enhanced reimbursements, or as value-added services. Requires DHHS to convene focus groups with individuals performing doula support services across the State. Directs DHHS to report to the specified NCGA committee by November 1, 2023.
Directs the DHHS, Division of Public Health (DPH) to take the following actions upon DHHS's submission of its report regarding doula support services: (1) partner with doula training programs and childbirth education organizations to help set standards for the attestation, training, and certification of doulas in NC; (2) develop doula service coverage and reimbursement options and strategies for commercial insurers offering health benefit plans in the State to consider; (3) develop bill standards for the provision of doula services; and (4) create a statewide directory of doula support service providers, including services offered.
Part II.
Directs DHHS, Division of Health Benefits (DHB) to submit a State Plan amendment to the Centers for Medicare and Medicaid Services (CMS) adding coverage under the NC Medicaid State Plan for antepartum, intrapartum, and postpartum services provided to a pregnant recipient by a doula, including services for labor and delivery support and at least four visits during the antenatal period and seven visits during the postpartum period. Requires the coverage to begin July 1, 2022.
Appropriates $500,000 from the General Fund to DHB for 2021-22 to make necessary changes to the NCTracks Medicaid Management Information System to add the new coverage for doula services and to enroll new providers for that coverage.
Directs DHB to study seven specified components related to the coverage of doula services, including the way other states have implemented similar coverage or plan to implement similar coverage. Directs DHB to report to the specified NCGA committee chairs and division by March 1, 2022, on the study, and include a copy of required the State Plan amendment and the proposed reimbursement methodology to be used for the new coverage.
Part III.
States legislative intent to appropriate necessary funding to support DHHS to provide support and resources for the act's implementation.
| Intro. by Murdock, Marcus, Waddell. | APPROP, STUDY, UNCODIFIED |
Appropriates the following specified amounts from the General Fund to the UNC Board of Governors (BOG) for 2021-22 to be allocated to the following specified entities for the purposes specified: $2 million in recurring funds for NC Central University (NCCU) to support the expansion of its doctoral program in integrated biosciences focusing on health disparities in underrepresented populations and for additional external research funding opportunities; $3 million for NCCU for the purchase of lab equipment and instruments for the Biomanufacturing Research Institute and Technology Enterprise (BRITE) and the Julius L. Chambers Biomedical Biotechnology Research Institute (BBRI); $7.5 million in additional recurring funds for NC Agriculture and Technical State University (NC A&T) to support new faculty and graduate students services for the doctoral programs; and $3 million in additional recurring funds to NC A&T to support its agricultural research and cooperative extension activities by matching federal funds awarded as a land-grant university at a dollar per dollar rate (states legislative intent to appropriate additional necessary funds to meet the matching requirements).
Transfers $80 million from the General Fund to the State Capital and Infrastructure Fund, and appropriates the transferred funds to the UNC BOG for 2020-21 to provide funds for the construction of a new dorm building at Elizabeth City State University.
Effective July 1, 2021.
| Intro. by Robinson, Lowe, Clark. | APPROP |
Directs the Board of Transportation (BOT) to include the Department of Transportation’s Office of Inspector General annual audit plan and a list of pending reports as dashboard items at BOT’s monthly meetings. Requires BOT to report to the specified NCGA committee and division by July 30, 2021.
Directs the Council of Internal Auditing (Council) to (1) establish minimum performance standards for all State agency internal audit units and periodically examine internal auditing reports and annual plans for compliance, reporting deficiencies uncovered; and (2) review every external quality assurance review for each agency internal audit function, hold hearings on any reported deficiencies, and monitor corrective action. Requires the Council to collaborate with the Office of the State Auditor and the Program Evaluation Division, and report to the specified NCGA committee by July 30, 2021.
| Intro. by Edwards, Sawyer, McInnis. | UNCODIFIED |
Identical to H 450, filed 3/30/21.
Part I. Housing
Amends GS 41A-4, which delineates unlawful discriminatory housing practices, to refer to the protected status of another person as the basis for unlawful discrimination instead of listing specific protected classes (currently, race, color, religion, sex, national origin, handicapping condition, or familial status). Adds protected status to the defined terms in GS 41A-3 and defines the term to mean a person's race, color, national origin, religion, age, disability, sex, marital status, familial status, sexual orientation, gender identity, military or veteran status, or genetic information. Makes conforming changes to use a person's protected status language to replace specific classes of persons throughout GS 41A-4 and GS 41A-5 (concerning proof of a violation of GS 41A-4).
Amends GS 41A-6, which exempts from GS 41A-4 [except for subdivision (a)(6)] religious institutions and organizations operated by religions institutions or organizations that give preference to members of the same religion in a real estate transaction, so long as membership in that religion is not restricted by a protected status, other than religion (previously, specified race, color, sex, national origin, handicapping condition or familial status).
Part II. Employment
Amends GS 143-422.2 to establish that it is the public policy of the State to protect and safeguard the right and opportunity of all persons to seek, obtain and hold employment without discrimination or abridgment on account of race, religion, color, national origin, age, sex, sexual orientation, gender identity, disability, marital status, familial status, military or veteran status, or genetic information (previously, only protected race, religion, color, national origin, age, sex or handicap) by employers which regularly employ one or more employees (was, 15 or more employees).
Makes conforming changes to expand employment protections to those same classes added to GS 143-422.2 by this act, to GS 126-16 (Equal opportunity for employment and compensation by State departments and agencies and local political subdivisions) and GS 126-34.02(b) (concerning the appeal process for agency employment discrimination, harassment, and retaliation issues to be heard as contested cases).
Part III. Public Accommodations
Enacts Article 49B to GS Chapter 143, Equal Access to Public Accommodations, to be known as the Equal Access to Public Accommodations Act. Provides a legislative declaration that it is the public policy of the State to protect and safeguard the right and opportunity of all individuals within the State to enjoy fully and equally the goods, services, facilities, privileges, advantages, and accommodations of places of public accommodation free of discrimination because of race, religion, color, national origin, sex, sexual orientation, gender identity, disability, marital status, familial status, military or veteran status, or genetic information.
Establishes that it is not discrimination on the basis of sexual orientation or gender identity for a public accommodation to provide separate bathrooms or changing facilities based on gender. Mandates places of accommodation to provide access to facilities based on a person's gender identity. Defines place of public accommodations to have the same meaning as defined in GS 168A-3(8), but excludes any private club or other establishment that is not in fact open to the public.
Authorizes the Human Relations Commission (Commission) in the Department of Administration to receive, investigate, and conciliate complaints of discrimination in public accommodations, and directs the Commission to effect an amicable resolution. Provides that in the event the Commission cannot effect an amicable resolution of the charges of discrimination, the complainant and the Commission can proceed with an enforcement action in accordance with GS 41A-7 (State Fair Housing Act enforcement provisions).
IV. Credit
Enacts GS 75-44 to prohibit discrimination by any person engaged in any form of lending money in this State, or to residents of this State, in the extension of credit on the basis of race, color, national origin, religion, age, disability, sex, marital status, familial status, sexual orientation, gender identity, military or veteran status, or genetic information. Allows complainants concerning violations of this statute to file a grievance with the Human Relations Commission. Directs the Commission to effect an amicable resolution, and in the event the Commission cannot effect an amicable resolution, the complainant and the Commission can proceed with an enforcement action in accordance with GS 41A-7, as similarly provided in GS 143-422.13 enacted by this act. Makes a violation of this statute an unfair trade practice in violation of GS 75-1.1.
Part V. Insurance
Amends GS 58-3-25 to prohibit discriminatory practices by insurers because of an individual's race, color, national or ethnic origin, religion, sex, marital status, familial status, sexual orientation, gender identity, disability, military or veteran status, or genetic information (previously, only protected race, color, national or ethnic origin).
Part VI. Education
Amends GS 115C-47 to require each local board of education to adopt a policy to establish that the local board of education and school personnel employed by the local board must not discriminate on the basis of race, color, national origin, religion, age, disability, sex, marital status, familial status, sexual orientation, gender identity, military or veteran status, or genetic information. Requires that the policy include that any person who claims to have been injured by an unlawful discriminatory practice or who reasonably believes that he or she will be irrevocably injured by an unlawful discriminatory practice may file a complaint with the North Carolina Human Relations Commission. Requires the Commission to then work with the relevant parties to develop an amicable resolution to the charge of discrimination, and allows the complainant and the Commission to proceed with an enforcement action if the Commission is unable to effect an amicable resolution of the charges.
Enacts new GS 115C-112.10 prohibiting nonpublic schools that accepts students receiving scholarships grants from discriminating on the basis of race, color, national origin, religion, age, disability, sex, marital status, familial status, sexual orientation, gender identity, military or veteran status, or genetic information. Allows person who claim to have been injured by an unlawful discriminatory practice or believes that they will be irrevocably injured by such to file a complaint with the North Carolina Human Relations Commission. Requires the Commission to then work with the relevant parties to develop an amicable resolution to the charge of discrimination, and allows the complainant and the Commission to proceed with an enforcement action if the Commission is unable to effect an amicable resolution of the charges.
Amends GS 115C-218.45 to expand the basis on which a charter school must not limit admission to also include color, age, sex, marital status, familial status, sexual orientation, gender identity, military or veteran status, or genetic information; removes creed and ancestry. Allows a charter school that serves only certain grade levels to limit admission based on age.
Amends GS 115C-218.55 to prohibit a charter school from discriminating on the basis of national origin, race, color, religion, age, sex, marital status, familial status, sexual orientation, gender identity, military or veteran status, genetic information, or disability (was, only ethnicity, national origin, gender, or disability). Allows any person who claims to have been injured by an unlawful discriminatory practice or who reasonably believes that he or she will be irrevocably injured by an unlawful discriminatory practice to file a complaint with the North Carolina Human Relations Commission. Requires the Commission to then work with the relevant parties to develop an amicable resolution to the charge of discrimination, and allows the complainant and the Commission to proceed with an enforcement action if the Commission is unable to effect an amicable resolution of the charges.
Repeals GS 115C-521.2 which required local boards of education to require every multiple occupancy bathroom or changing facility that is designated for student use to be designated for and used only by students based on their biological sex.
Amends GS 115C-562.5 to prohibit a nonpublic school from discriminating on the basis of on the basis of race, color, national origin, religion, age, disability, sex, marital status, familial status, sexual orientation, gender identity, military or veteran status, or genetic information. Allows any person who claims to have been injured by an unlawful discriminatory practice or who reasonably believes that he or she will be irrevocably injured by an unlawful discriminatory practice to file a complaint with the North Carolina Human Relations Commission. Requires the Commission to then work with the relevant parties to develop an amicable resolution to the charge of discrimination, and allows the complainant and the Commission to proceed with an enforcement action if the Commission is unable to effect an amicable resolution of the charges.
Amends GS 115D-77 to expand upon the State Board of Community Colleges and local board of trustees nondiscrimination policy to also prohibit discrimination on the basis of color, sex, marital status, familial status, sexual orientation, gender identity, military or veteran status, and genetic information. Adds that the State Board and each board of trustees must give equal opportunity for employment and compensation of personnel at community colleges without regard to marital status, familial status, sexual orientation, gender identity, military or veteran status, or genetic information, in addition to the already listed categories. Allows any person who claims to have been injured by an unlawful discriminatory practice or who reasonably believes that he or she will be irrevocably injured by an unlawful discriminatory practice to file a complaint with the North Carolina Human Relations Commission. Requires the Commission to then work with the relevant parties to develop an amicable resolution to the charge of discrimination, and allows the complainant and the Commission to proceed with an enforcement action if the Commission is unable to effect an amicable resolution of the charges.
Amends GS 116-11 to require the UNC Board of Governors to adopt a policy to provide that UNC and its affiliates and personnel employed by UNC and its affiliates must not discriminate on the basis of race, color, national origin, religion, age, disability, sex, marital status, familial status, sexual orientation, gender identity, military or veteran status, or genetic information. Requires that the policy include that any person who claims to have been injured by an unlawful discriminatory practice or who reasonably believes that he or she will be irrevocably injured by an unlawful discriminatory practice may file a complaint with the North Carolina Human Relations Commission. Requires the Commission to then work with the relevant parties to develop an amicable resolution to the charge of discrimination, and allows the complainant and the Commission to proceed with an enforcement action if the Commission is unable to effect an amicable resolution of the charges.
Part VII. Jury Service
Amends GS 15A-1214 to prohibit excluding a person from jury service on account of race, race, color, national origin, religion, age, disability, sex, marital status, familial status, sexual orientation, gender identity, military or veteran status, or genetic information.
Part VIII.
States legislative findings regarding the State's antidiscrimination laws. Directs the Legislative Research Commission to conduct a review of State antidiscrimination laws to develop legislative proposals that will further equality for all in NC through comprehensive legislation.
Part IX.
The act is effective July 1, 2021.
| Intro. by Murdock, Marcus, Nickel. | STUDY, GS 15A, GS 41A, GS 58, GS 75, GS 115C, GS 115D, GS 116, GS 126, GS 143 |
Includes whereas clauses. Directs the Senate to consider whether to confirm Machelle Sanders as Secretary of the Department of Commerce.
| Intro. by Rabon. | SENATE RES |
Includes whereas clauses. Requires the Department of Transportation (DOT) to defend, indemnify, and hold harmless the Wilmington Urban Area Metropolitan Planning organization and its members against any claims, actions, and proceedings arising out of the filing or amendment of a transportation corridor official map pursuant to Article 2E, GS Chapter 136, as it existed before its repeal, for the proposed Hamstead Bypass, as described. Further directs DOT to defend, indemnify, and hold harmless the City of Wilmington and its members and employees against any claims, actions, and proceedings arising out of the filing or amendment of all transportation corridor official maps filed by the City in accordance with Article 2E, GS Chapter 136 and GS 160A-458.2 as they existed before their repeal. Applies retroactively to June 13, 2019.
| Intro. by Lee. | UNCODIFIED, New Hanover |
Amends GS 58-50A-20 to require a group health plan offered by a sponsoring association to provide coverage of essential health benefits listed in 42 USC § 15 18022(b). Applies to contracts entered into, amended, or renewed on or after October 1, 2021.
| Intro. by Batch, Crawford, deViere. | GS 58 |
Part I.
Repeals GS 115C-302.10 (qualifications for certain education-based salary supplements). Mandates the identified State Board of Education (State Board) policy, as it was in effect on June 30, 2013, be used to determine whether teachers and instructional support personnel are paid on the "M" salary schedule, and whether they receive a salary supplement for academic preparation at the six-year or doctoral degree level. Appropriates $8 million in recurring funds from the General Fund to the Department of Public Instruction (DPI) for 2021-22 to reinstate education-based salary supplements for teachers and instructional support personnel pursuant to the act. Effective July 1, 2021.
Part II.
Repeals Section 9.1(d) of SL 2014-100, which states annual longevity payments for teachers are included in the salary schedule provided for 2014-15 and subsequent years.
Sets annual longevity payments for teachers and instructional support personnel for 2021-22 to be 1.5% of the base salary for 10-14 years of State service, 2.25% of the base salary for 15-19 years of State service, 3.25% of the base salary for 20-24 years of State service, and 4.5% of the base salary for 25 or more years of State service. Requires lump-sum payments. Directs longevity pay for principals and assistant principals for 2021-22 to be the same as State employees under the NC Human Resources Act. Appropriates $140.3 million in recurring funds from the General Fund to DPI to restore longevity for educators pursuant to the act. Effective July 1, 2021.
Part III.
Repeals subsections (c) and (d) of Section 35.21, SL 2017-57, which amended Article 3B of GS Chapter 135 to restrict the term retiree under the State Health Plan to retired members enrolled in State retirement systems with earned creditable service prior to January 1, 2021, and restrict eligibility of noncontributory coverage under the State Health Plan to retirees enrolled in a State retirement system with earned creditable services prior to January 1, 2021. Effective retroactively to December 31, 2020.
Part IV.
Modifies the selection of NC Teaching Fellows Program (Program) participant institutions of higher education under GS 116-209.62. Requires the NC Teaching Fellows Commission to include NC Agricultural and Technical State University to participate in the Program, thereby increasing the maximum number of participants from eight to nine. Excludes NC A&T from the selection standards required of other participants. Makes conforming changes regarding the award of forgivable loans under the Program. Effective July 1, 2021, and applies with the 2022-23 academic year.
| Intro. by Mohammed, Waddell, Chaudhuri. | APPROP, UNCODIFIED, GS 115C, GS 116 |
Enacts Article 31A to GS Chapter 116 to statutorily establish the NC Collaboratory (Collaboratory) within UNC-Chapel Hill to facilitate the dissemination of the policy and research expertise of UNC and other institutions of higher educations in the state for practical use by State and local governments. Lists five powers and duties of the Collaboratory, including conducting, managing, or participating in research on natural resources management, and expanding research capacity and collaborative opportunities across UNC constituent institutions identified as Historically Minority-Serving Institutions through an annual grant program (incorporates and adds to the powers of the NC Policy Collaboratory established under Section 11.8 of SL 2016-94). Establishes conditions and restrictions for funding received by the Collaboratory, including permitting priority in disseminating funds for UNC constituent institutions, prohibiting legislative appropriations to be used for indirect overhead costs at partnering institutions, and exempting Collaboratory purchases for mandated research or investigations regarding emerging or immediate threats to public health, safety, or welfare from specified state law and procedures, documented as specified.
Amends Section 11.8 of SL 2016-94, as amended, which directs the UNC Board of Governors to establish the NC Policy Collaboratory at UNC-Chapel Hill. Now directs the BOG to use the $1 million in recurring funds appropriated in that act to the UNC BOG for 2016-17, in addition to any other funds appropriated for this purpose, to establish and operate the NC Collaboratory pursuant to new Article 31A, GS Chapter 116. Makes conforming repeals.
Appropriates $1 million in additional recurring funds from the General Fund to the UNC BOG for 2021-22 to be allocated to UNC-Chapel Hill for the operation of the Collaboratory pursuant to new Article 31A, GS Chapter 116.
Effective July 1, 2021.
| Intro. by Lee, Sawyer, Ballard. | APPROP, UNCODIFIED, GS 116 |
Repeals Section 3 of SL 2013-5, which prohibits any State entity from expanding Medicaid eligibility as provided in PL 111-148 (the Affordable Care Act) and SL 2011-145.
Enacts GS 108A-54.3B, providing criteria under which individuals are considered part of the Medicaid coverage gap and are eligible for Medicaid benefits through an Alternative Benefit Plan established by the Department of Health and Human Services (DHHS), unless the individual is exempt from mandatory enrollment in an Alternative Benefit Plan under 42 CFR 440.315. Eligibility is based on income, age, and ineligibility for enrollment in described Medicaid coverage. Mandates that copayments for benefits provided under the Alternative Benefit Plan must be the same as those required for Medicaid beneficiaries not under the Alternative Benefit Plan.
Directs DHHS to provide coverage to individuals eligible under new GS 108A-54.3B, consistent with SL 2015-245, as amended (Medicaid Transformation and Reorganization).
Requires funding for costs for providing coverage pursuant to the act from federal funds received due to the temporary increase in the federal medical assistance percentage (EMAP) under specified federal law. Specifies the intent of the NCGA to impose a Medicaid Coverage Gap Assessment upon hospital providers subject to Article 7A of GS Chapter 108A to pay for the State share of the program and associated administrative costs when costs associated with the increase in FMAP are no longer sufficient.
Effective July 1, 2021.
| Intro. by Robinson, Clark. | UNCODIFIED, GS 108A |
Substantively identical to H 130, filed 2/23/21.
Sets out NCGA findings related to a multiuse trail across Central and Eastern North Carolina. Authorizes the Department of Natural and Cultural Resources (Department) to add the portion of the East Coast Greenway traversing North Carolina to the State Parks System and names it the "East Coast Greenway State Trail." Requires the Department to support, promote, encourage, and facilitate the establishment of trail segments on State park lands and on lands of other federal, State, local, and private landowners. Sets out what laws govern on segments that cross property controlled by agencies or owners other than the Division of Parks and Recreation. Excludes this authorization from the requirement that additions be accompanied by adequate appropriations for land acquisition, development, and operations. Allows, however, the State to receive donations of appropriate land and allows purchasing needed lands with existing funds in the Land and Water Fund, the Parks and Recreation Trust Fund, the federal Land and Water Conservation Fund, and other available sources of funding.
| Intro. by Woodard, Barnes, Murdock. | UNCODIFIED |
Amends GS 90-21.82, which requires voluntary, informed consent for an abortion to be performed upon a woman. Adds to the conditions which must be met to constitute voluntary, informed consent, a requirement for any physician who prescribes, dispenses, or otherwise provides any drug or chemical for abortion inducing purposes to furnish the patient as part of her discharge instructions written information made available by the Department of Health and Human Services (DHHS), pursuant to GS 90-21.83 (amended below), immediately after administering the first drug or chemical. Further requires the woman to certify, in writing, that she has been furnished with the specified information and informed of her opportunity to review the information. Makes technical and clarifying changes.
Amends GS 90-21.83, directing DHHS to publish and make available online materials designed to inform a woman about the possibility of reversing a drug-induced abortion. Provides statement language and font requirements. Mandates DHHS to cause this information to also be made available on the homepage of the state website for the Woman's Right to Know Act. Makes conforming, technical and clarifying changes.
Directs DHHS to, within 90 days of the effective date, (1) publish the information described in GS 90-21.83(a)(3), as amended above, to the homepage of the state website for the Woman's Right to Know Act, and (2) make the same information available in printed materials to any physician, upon request, at no cost.
Makes the above provisions effective September 1, 2021, and applies to acts occurring on or after that date.
Makes the following changes to GS 14-45. Expands the statute, making it a Class I felony to administer or prescribe, or advise and procure for a pregnant woman to take anything with the intent to procure an abortion, or use any instrument for the same purpose (currently limited to causing a miscarriage). Makes the following provisions of Article 1I of GS Chapter 90, the Women's Right to Know Act, applicable to violations of GS 14-45, including conspiracies, soliciting, and attempting violations of the statute: the civil remedies of GS 90-21.88; the definitions of abortion and attempt to perform an abortion under GS 90-21.81(1) and (2); the protection of privacy under GS 90-21.89, and the severability provisions of GS 90-21.92. Bars persons who caused the pregnancy by criminal conduct from pursuing civil remedies. Prohibits the pregnant woman from being a defendant in either a criminal or civil proceeding. Effective September 1, 2021, and applies to acts occurring on or after that date.
Includes a severability clause. Effective September 1, 2021, and applies to abortions performed on or after that date.
Enacts Article 1M, Born-Alive Abortion Survivors Protection Act, to GS Chapter 90. Defines abortion and attempt to perform an abortion. Sets forth legislative findings. Establishes standards of care, now requiring any health care provider present at the time a child is born alive resulting from an abortion or attempt to perform an abortion to: (1) exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to any child born alive at the same gestational age and (2) ensure that the child born alive is immediately transported and admitted to a hospital. Defines born alive to mean, with respect to a member of the species homo sapiens, the complete expulsion or extraction from his or her mother of that member, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion.
Requires a health care practitioner or any employee of a hospital, a physician's office, or an abortion clinic who has knowledge of noncompliance to immediately report the noncompliance to an appropriate State or federal law enforcement agency, or both. Bars prosecution of the mother of a child born alive for violation of, or attempt or conspiracy of GS 90-21.142 or GS 90-21.143, as enacted, involving the child who was born alive. Makes violations of GS 90-21.142 and GS 90-21.143 a Class 1 misdemeanor, punishable by a fine not to exceed $250,000, unless the conduct is covered under some other law providing greater punishment. Makes any person who intentionally performs or attempts to perform an overt act that kills a child born alive punishable for murder under GS 14-17(c), a Class A felony. Provides for civil remedies for the woman upon whom the abortion was performed or attempted in which a child is born alive and there is a violation of the Article, including damages for objectively verifiable money damages for all injuries (psychological and physical), treble statutory damages for the cost of the abortion or attempted abortion, and punitive damages. Provides for reasonable attorneys' fees if judgment is rendered in favor of the plaintiff or if the judgement is rendered in favor of the defendant and the court finds the suit was frivolous or brought in bad faith. Makes conforming changes to GS 14-17(c).
Applies to offenses committed on or after September 1, 2021.
Provides a savings clause for prosecutions for offenses committed before the effective date of the act.
Effective September 1, 2021.
Amends multiple statutes in GS Chapter 115C, Article 31, The School Budget and Fiscal Control Act, by requiring the uniform budget format to include information on expenditures from local funds by program report code and object code. Specific amendments are as follows.
Amends GS 115C-426 by adding new subsection (c1) requiring the inclusion of expenditures from local funds by program report code and object code; requires expenditures for the local current expense fund to be distinguished between those supported by county appropriations from those supported by other local funds.
Amends GS 115C-427(a) to require the same inclusion and distinguishing between different types of local funds as above.
Amends GS 115C-429(a) to require the same inclusion and distinguishing between different types of local funds as above; modifies subsection (b) by allowing the board of county commissioners to allocate part or all of its appropriation not only by purpose or function but also by program report code.
Amends GS 115C-433(b) by allowing county appropriations by program report code in addition to purpose or function.
Amends GS 115C-447(a) by adding gender-inclusive language, requiring audits of accounts of local school administrative units to include a comparison of budgeted and actual expenditures by program report code and object code, and requiring the annual audit to be filed within 30 days of completion.
Amends GS 115C-451 by adding new subsection (a1) providing that local school administrative units must report the results of an audit, which must include comparisons of budgeted and actual expenditures, no later than 60 days after its completion to the State Board of Education. Requires the Department of Public Instruction to post this information on its website.
Effective upon becoming law and applies beginning with budget ordinances adopted after June 30, 2021.
| Intro. by Edwards, Sawyer, Corbin. | GS 115C |
To be summarized.
| Intro. by Burgin, Krawiec, Perry. |
Titles the act as the "Stop Addiction Fraud Ethics Act of 2021" or the "SAFE Act of 2021."
Enacts new Article 5H, Stop Addiction Fraud Ethics Act, in GS Chapter 90, providing as follows. Requires any marketing or advertising materials published or provided by any treatment provider, treatment facility, recovery residence, or third party providing services to any treatment provider, treatment facility, or recovery residence to convey accurate and complete information, in plain language that is easy to understand. Requires the materials to include: (1) information about the types and methods of services provided or used, and information about where they are provided, using the specified categories of treatment and levels of care; (2) the average lengths of stay at the treatment facility during the preceding 12-month period for each category of treatment and level of care; (3) the treatment facility's name and brand; and (4) a brief summary of any financial relationships between the treatment facility and any publisher of marketing or advertising. Defines treatment facility as a facility or program that is, or is required to be, licensed, accredited, or certified to provide substance use disorder treatment services. Defines treatment provider as a person or entity that is, or is required to be, licensed, accredited, or certified to provide substance use disorder treatment services; specifies that the term includes treatment facilities. Defines recovery residence as a shared living environment that is, or is intended to be, free from alcohol and illicit drug use and centered on peer support and connection to services that promote sustained recovery from substance use disorders. Requires operators of a recovery residence or licensed residential treatment facility that also provides separately licensed outpatient substance use disorder services to clearly label each facility and service separately in any marketing or advertisements, and distinguish the recovery residence or licensed residential treatment facility from the licensed outpatient substance use disorder services.
Makes it illegal for any treatment provider, treatment facility, recovery residence, or third party providing services to those entities to: (1) make a materially false or misleading statement, or provide false or misleading information, about the nature, identity, or location of substance use disorder treatment services or a recovery residence, in advertising materials, on a call line, on an internet website, or in any other marketing materials or (2) make a false or misleading statement about the treatment provider's status as an in-network or out-of-network provider; the credentials, qualifications, or experiences of persons providing treatment or services; or the rate of recovery or success in providing services. Also makes it illegal for any person or entity to: (1) provide, or direct another to provide, false or misleading information about the identity of, or contact information for, any treatment provider; (2) include false or misleading information about the internet website of any treatment provider, or to surreptitiously direct or redirect the reader to another internet website; (3) suggest or imply a relationship with a treatment provider exists, unless there is consent to such a relationship; and (4) make a materially false or misleading statement about substance use disorder treatment services. Violations are an unfair or deceptive trade practice. A person or entity who knowingly commits a violation is guilty of a Class G felony; each violation is a separate offense.
Makes it a Class G felony for any person or entity (including a treatment provider, treatment facility, recovery residence, or third party providing services to any of those persons or entities) to: (1) offer or pay anything of value or engage in any split-fee arrangement, to induce the referral of a patient or patronage to or from a treatment provider or laboratory; (2) solicit or receive anything of value, or engage in any split-fee arrangement, in return for referring a patient or patronage to or from a treatment provider or laboratory; (3) solicit or receive anything of value, or engage in any split-fee arrangement, in return for the acceptance or acknowledgment of treatment from a health care provider or health care facility; or (4) aid or abet any conduct that violates these provisions. Excludes any discount, payment, waiver of payment, or payment practice that is expressly authorized under the specified federal law, and a reasonable contingency management technique or other reasonable motivational incentive that is part of the treatment provided by an accredited, licensed, or certified treatment provider. Each violation is a separate offense. Specifies that liability exists regardless of whether a person has actual knowledge of this statute or specific intent to commit a violation.
Effective January 1, 2022.
| Intro. by Burgin, Krawiec, Perry. | GS 90 |
Identical to H 449, filed 3/30/21.
Enacts GS 14-18.3, prohibiting as a defense to homicide prosecutions under Article 6, the discovery of, perception of, or belief about another person's actual or perceived sex, gender, gender identity, or sexual orientation, whether or not accurate, specifying the same is not provocation negating malice as an element of murder. Specifies that the statute does not preclude the admission of evidence of a victim's or witness's conduct, behavior, or statements that is relevant or otherwise admissible.
Enacts identical provisions to GS 14-34.11, applicable to prosecutions for assault under Article 8.
Applies to offenses committed on or after December 1, 2021. Provides a savings clause for prosecutions for offenses committed before December 1, 2021.
| Intro. by Nickel, Mayfield, Murdock. | GS 14 |
Part I.
Makes the following changes to GS Chapter 55A, governing nonprofit corporations.
Revises GS 55A-1-70 to authorize a corporation to conduct transactions electronically, subject to limitations set by its articles of incorporation, bylaws, or action of its board of directors. Requires prior agreement from a member, delegate, officer, or director to conduct transactions by electronic means. Requires informing the person of how to revoke the agreement. Makes conforming changes.
Modifies the provisions regarding emergency bylaws under GS 55A-2-07, deeming an emergency to exist if a natural or manmade disaster impedes the ability of the corporation's board of directors or members to comply with one or more provisions of the corporation's bylaws (was only if a quorum of the directors cannot readily be assembled because of some catastrophic event).
Enacts GS 55A-7-09 to authorize members of any class to participate in any meeting of members remotely to the extent the board of directors authorizes participation for that class, subject to guidelines and procedures adopted by the board of directors. Deems members participating remotely present and authorized to vote if the corporation has implemented reasonable measures to verify the member and provided members a reasonable opportunity to participate in the meetings and vote on matters submitted to the members. Authorizes the board of directors to determine that any meeting of members is to be held solely by remote means, subject to the corporation implementing the reasonable measures previously mentioned and only if meetings held solely by remote communication are not prohibited by the articles of incorporation and the bylaws. Makes conforming changes to GS 55A-7-01 and GS 55A-7-02 regarding annual and regular meetings and special meetings.
Amends GS 55A-7-04 to allow a member's consent to action taken without a meeting to be in electronic form and delivered by electronic means, except as limited by the articles of incorporation or the bylaws (was to the extent the corporation has agreed to electronic transactions).
Adds to the notice requirements for member meetings pursuant to GS 55A-7-05. Requires the notice to class members authorized by the board of directors to participate remotely to describe the means of communication, and notice to all members entitled to vote at a meeting held solely by remote communication to describe the means of communication. Requires notice for meetings to be continued solely or partly by remote communication to describe the means of remote communication. Makes conforming and clarifying changes.
Amends GS 55A-7-20 to alternatively allow the corporation to make the list of members accessible on a reasonably accessible electronic network, rather than the corporation's principal office or another reasonably identified place in the meeting notice in the city where the meeting is to be held. Requires corporations choosing electronic member lists to provide the information required to gain access to the list with the meeting notice, and allows corporations to take reasonable steps to ensure the information is restricted to shareholder access only. Provides for meetings held solely by remote communication, the members list must be open to inspection during the meeting on a reasonably accessible electronic network, with access information provided with the meeting notice. Makes language gender neutral.
Makes clarifying and technical changes.
Part II.
Amends GS 47C-3-108 to require a unit owner to agree to email notification in order for a condominium association meeting notice to be delivered to them via email. Makes technical changes by removing outdated language. Adds that meetings of the association and executive board that are held remotely do not have to be conducted in accordance with the most recent edition of Robert's Rules of Order Newly Revised.
Amends GS 47F-3-108 to require a lot owner to agree to email notification in order for a planned community association meeting notice to be delivered to them via email. Makes technical changes by removing outdated language. Adds that meetings of the association and executive board that are held remotely do not have to be conducted in accordance with the most recent edition of Robert's Rules of Order Newly Revised.
Enacts new Article 47A of GS Chapter 66, to be titled "The Prescription Drug Transparency Act." Lists definitions applicable to this act. Requires manufacturers to notify interested parties, which include State agencies that purchase prescription drugs or have specified classes of employees, of upcoming substantial price increases (defined as an increase that causes the cost of a drug to rise by 10% or more in 12 months) at least 60 days in advance, and within 30 days after that notification, to provide information on the reason for the increase as well as a schedule of price increases for the previous five years, the previous year's marketing budget for the drug, and date and price of acquisition if the drug was not developed by the manufacturer. Requires manufacturers to also provide notification of the price of new products within three days of FDA approval, and within 30 days after that a reason for the price, expected marketing budget, and date and price of acquisition if the drug was not developed by the manufacturer. Limits requirement for price justification to publicly available information. Mandates disclosure of any ingredients known to pose a risk of dependency in humans by manufacturers who market a drug to a prescriber. Provides penalty of up to $1,000 per day for each day the manufacturer fails to submit the required information, with proceeds remitted to the Civil Penalty and Forfeiture Fund. Makes the Administrative Procedure Act, GS Chapter 150B, applicable to proceedings for the assessment of civil penalties under the Article. Provides there is no upper limit for a price as allowed by law. Requires the Secretary of the Department of Health and Human Services (Secretary) to develop a plan to collect data from manufacturers regarding the cost and pricing of prescription drugs and to set up an online portal to provide public access to the notifications, reports, and disclosures required by this Article. Directs the Secretary to consult with other state and national agencies and organizations regarding data collection, and to submit its findings and recommendations to the specified NCGA committee by February 1, 2022. Mandates the Secretary report annually, beginning December 1, 2022, to the specified NCGA committee regarding the top 25 of each of the following: (1) most frequently prescribed drugs, (2) costliest drugs, and (3) drugs with the highest year-over-year cost increases as determined by the total amount spent in this state. Effective October 1, 2021.
| Intro. by Crawford, Mohammed, Lowe. | GS 66 |
Identical to H 5, filed 1/27/21.
Sets the hourly rate of minimum salary for all noncertified public school employees at at least $15 per hour. Directs the State Board of Education to increase minimum salary grades and ranges for noncertified public school employees as necessary to achieve the minimum hourly rate of at least $15. Authorizes local school administrative units to supplement the salaries of noncertified public school employees whose salaries are supported from non-State funds using funds provided pursuant to the act to meet the $15 minimum hourly rate. Clarifies that the funds are not to supplant State or non-State funds already provided for noncertified public school employee salaries. Appropriates $110 million in recurring funds for the 2021-22 fiscal year from the General Fund to the Department of Public Instruction to implement the act. Effective July 1, 2021.
| Intro. by Crawford, deViere, Garrett. | APPROP |
Appropriates $750,000 as a matching grant for 2021-22 from the General Fund to the Town of Louisburg to be used as title indicates. Effective July 1, 2021.
To be summarized.
| Intro. by Edwards, Sanderson, Burgin. |
Repeals GS 58-3-200(a), which sets out definitions for the terms health benefit plan and insurer as used in the statute (Miscellaneous insurance and managed care coverage and network provisions). Instead, enacts GS 58-3-200(a1), setting forth defined terms clinical laboratory, health care provider, and health services facility, as they apply to the statue.
Amends GS 58-3-200(d) regarding services by outside provider networks. Now requires the insurer, upon notice from the insured, to determine whether a health care provider able to meet the needs of the insured is reasonably available to the insured without unreasonable delay by reference to the insured's location and the specific medical needs of the insured. Requires the amount allowed for services provided under subsection (d) to be calculated using the benchmark amount under GS 58-3-201, as enacted, unless otherwise agreed to by the health care provider and the insurer. Does not require an insurer to make any direct payment to a health care provider. Prohibits health care providers from subjecting an insured to or otherwise requiring prior payment of an amount in excess of the applicable reasonable payment under GS 58-3-201, as enacted, prior to services being rendered to the insured.
Enacts GS 58-3-201, setting a benchmark amount, to be calculated at least annually, which is presumed to be a reasonable total payment for services provided by a health care provider outside an insurer's health care provider network, or for emergency care services provided. Details the calculation of the benchmark amount, and provides for the application of the benchmark amount, deeming payment of the amount to foreclose the health care provider from collecting additional amounts from the insured or any third party. Specifies that the insurer is not required to make payment of any amount owed directly to a health care provider. Deems noncompliance an unfair and deceptive trade practice and actionable under GS Chapter 75. Specifies that the provisions do not foreclose other remedies available.
Enacts Part 2 (Transparency in Health Care Provider Billing Practices) under Article 11B, Transparency in Health Services Billing Practices, in GS Chapter 11B. Sets forth defined terms health benefit plan, health care provider, health services facility, and insurer. Requires a health services facility or a health care provider participating in the insurer's health care network to provide the insured with a written disclosure containing five specific components at the time the facility or provider: (1) treats the insured for anything other than screening and stabilization, (2) admits an insured to receive emergency services, (3) schedules a procedure for nonemergency services for an insured, or (4) seeks prior authorization from an insurer for the provisions of nonemergency services to an insured. Additionally requires health services facilities to provide a written disclosure to the insured containing four specified components at the time the facility begins the provision of emergency services to an insured when the facility does not have a contract with the applicable insurer.
Prohibits health services facilities and health care providers from collecting an amount for services in excess of the benchmark amount calculated pursuant to GS 58-3-201, as enacted, unless the insurer does not have contracted health care providers or health services facilities in its health care provider network that are able to meet the needs of the insured and that are reasonably available to the insured without unreasonable delay. Defines services and provides for exclusions. Provides for what is considered a reasonable payment and total payment under the statute, mirroring provisions of GS 58-3-201, as enacted. Requires health services facilities contracting with providers that do not participate in an insurer's health care provider network to require the nonparticipating health care providers to comply with the billing and collections practices set out in the statute. Provides for situations where insurers can recover overpayments upon 30 days' notice and demand.
Deems noncompliance an unfair and deceptive trade practice and actionable under GS Chapter 75. Specifies that the provisions do not foreclose other remedies available.
Enacts Article 41A, Transparency in Health Care Provider Billing Practices, in GS Chapter 90. Sets forth defined terms health care provider, health services facility, hospital-based health care provider, and insurer. Requires a nonparticpating health care provider that does not participate in the health care provider network of the insured's insurer to include a statement on any billing notice to an insured that the insured is not responsible for paying any more than the applicable in-network deductible, co-payment, or coinsurance amounts and has no legal obligation to pay any remaining balance in excess of the benchmark amount calculated in GS 58-3-201, as enacted, that applies. Details fair billing and collection practices and what constitutes reasonable payments and total payment, similar to those set forth in Article 11B, GS Chapter 58, as enacted. Deems noncompliance an unfair and deceptive trade practice and actionable under GS Chapter 75. Specifies that the provisions do not foreclose other remedies available.
Makes conforming changes to GS 131E-214.12 and GS 131E-214.13.
Applies to health care services provided to insured individuals on or after October 1, 2021.
The Daily Bulletin: 2021-03-30
House committee substitute amends the 1st edition by making a technical change to the lead-in language of Section 1 of the act.
| Intro. by Moffitt, Turner, Johnson, Fisher. | Buncombe |
House committee substitute to the 1st edition makes the following changes. Deletes Section 2 of the act which authorized the City of Greensboro to adopt an ordinance to make it unlawful to operate a vehicle in excess of 25 miles per hour on residential streets in the city. Makes conforming changes to the act's titles.
| Intro. by Clemmons, Faircloth, Hardister, Quick. | Guilford |
The Daily Bulletin: 2021-03-30
Actions on Bills: 2021-03-30
H 2: BOTTLENOSE DOLPHIN AS STATE MARINE MAMMAL.
H 11: REGULATE ALCOHOL CONSUMABLES.
H 18: LOCAL SCHOOL ADMIN. UNIT CASH MANAGEMENT.
H 46: SHRA/STRONGER WHISTLEBLOWER PROTECTION.
H 53: EDUC. CHANGES FOR MILITARY-CONNECTED STUDENTS.
H 61: LOCAL COMMUNICABLE DISEASE PROGRAMS/FUNDS.
H 102: CLARIFY CAUSE OF DEATH.
H 149: EXPANDING ACCESS TO HEALTHCARE. (NEW)
H 156: UNCLAIMED PROP. DIV. AMEND./DMV TECH CHNGS-AB. (NEW)
H 157: PROPERTY FINDER DEFINITION AND GOVERNANCE.-AB
H 159: EDUCATION LAW CHANGES. (NEW)
H 181: WILDLIFE RESOURCES COMM'N. AMENDMENTS.-AB
H 203: EXTEND DEADLINE FOR POLICE TELECOMMUNICATORS.
H 220: CHOICE OF ENERGY/ADD'L PROVISIONS. (NEW)
H 264: EMERGENCY POWERS ACCOUNTABILITY ACT.
H 270: PROHIBIT RENAMING OF FAYETTEVILLE STATE.
H 281: LOGGERHEAD TURTLE/STATE SALTWATER REPTILE.
H 285: ENS RAILROAD TRAIN/DRIVER ED CURRICULUM.
H 295: DSS REVIEW OF PROCEDURES/OAH.
H 296: EV CHARGING STATION/PARKING.
H 312: QUALIFICATIONS FOR SHERIFF/EXPUNCTION.
H 334: BUDGET TECHNICAL CORRECTIONS (NEW).
H 335: TIMELY LOCAL PAYMENTS TO CHARTER SCHOOLS.
H 337: CONST. AMENDMENT/REPEAL LITERACY TEST.
H 339: PDN WORKFORCE STABILITY/MEDICAID.
H 349: TRAFFIC-CONTROL TRAINING PROGRAM.
H 351: CLIFFORD'S LAW. (NEW)
H 356: SPEAKER/PPT APPOINTMENTS 2021.
H 383: MEDICAID MODERNIZED HOSPITAL ASSESSMENTS.
H 417: THE SERGEANT MICKEY HUTCHENS ACT.
H 428: TEACHER LICENSURE/RETIRED EDUCATOR PROGRAM.
H 429: UNC LAW ENFORCEMENT ED. INCENTIVE.
H 430: SPECIAL OLYMPICS NC SPECIAL REG. PLATE.
H 431: FUNDS FOR SOIL/WATER CONSERVATION PROGRAMS.
H 432: NC ASSOC. OF FIRE CHIEFS SPECIAL REG. PLATE.
H 433: FUNDS/BELEWS LAKE REGIONAL PARK.
H 434: NORTH CAROLINA HEALING ARTS COMMISSION. (NEW)
H 435: SPECIAL REGISTRATION PLATES. (NEW)
H 436: SUPPORT LAW ENFORCEMENT MENTAL HEALTH.
H 437: FAIR MAPS ACT.
H 438: MAXIMUM FREIGHT TRAIN LENGTH.
H 439: CREDIT UNION FEES AND LATE PENALTY.
H 440: ADD VETERANS TREATMENT CT IN JUDICIAL DIST 4.
H 444: PFAS MITIGATION MEASURES COST REIMBURSEMENT.
H 446: SAFEGUARDING VOTING RIGHTS.
H 447: THE JEFF RIEG LAW/PATIENTS RELIGIOUS RIGHTS.
H 448: AUTH. USE OF BLUE LIGHTS ON FIRE APPARATUS.
H 449: PROHIBIT DEFENSE BASED ON SEX OR GENDER.
H 450: EQUALITY FOR ALL.
H 451: FULL REPEAL OF HB2.
H 452: MENTAL HEALTH PROTECTION ACT.
H 453: HUMAN LIFE NONDISCRIMINATION ACT/NO EUGENICS. (NEW)
H 454: FUNDS FOR TEXFI REMEDIATION PILOT.
H 455: UNC BOG/LEGISLATIVE MEMBERS.
H 456: JUSTICE FOR RURAL CITIZENS.
H 457: AIRBORNE SPECIAL OPS MUSEUM FUNDS.
H 458: FOOD DESERT AGRICULTURE INCENTIVE ZONES.
H 459: PERM. REG. PLATES FOR WATER AND SEWER AUTH.
H 460: ELK CONSERVATION LICENSE AUCTION/RAFFLE.
H 461: STATE AUDITOR CLARIFYING AMENDMENTS.
H 462: FUNDS/OIC GIVE MOBILE VACCINATIONS.
H 463: 250TH ANNIV. AM.REV/PRESERVE HIST. PROPERTIES.
H 464: HOME EDUCATION TAX CREDIT.
H 465: HOME OF THE VENUS FLYTRAP SPECIAL REG. PLATE.
S 113: MODIFY TERMINATION OF PARENTAL RIGHTS APPEALS.
S 114: DES COVID MODIFICATIONS AND TECHNICAL CHANGES.
S 146: TELEDENTISTRY/RDH ADMIN. LOCAL ANESTHETIC.
S 148: WASTEWATER SYSTEM PERMIT EXTENSION.
S 173: FREE THE SMILES ACT. (NEW)
S 196: GSC SALE OF PROPERTY AMEND/DELAY PROSEC SPLIT. (NEW)
S 197: GSC TRUSTS & ESTATES AMENDMENTS.
S 198: GSC GOOD FUNDS SETTLEMENT/COMM. RECEIVERSHIP.
S 207: VARIOUS RAISE THE AGE CHANGES/JJAC RECS.
S 211: AMEND WATER/SEWER RATE ADJUSTMENT MECHANISMS.
S 212: BENNETT COLLEGE ACCREDIT./PRIVATE NEED-BASED.
S 224: SAN. DIST. AMENDMENT/PROPERTY TRANSFER. (NEW)
S 255: 2021 AOC LEGISLATIVE CHANGES.-AB
S 278: PROP./FAM. LAW-REIMBURSE PROP. EXPENDITURES.
S 296: CURRENT OPERATIONS APPROPRIATIONS ACT CHANGES. (NEW)
S 301: EXPAND EXPUNCTION ELIGIBILITY.
S 308: VARIOUS BUILDING CODE AMEND. (NEW)
S 317: MARINE FISHERIES REFORM.
S 321: AMEND NC CONTROLLED SUBSTANCES ACT.
S 328: CONFIRM LT. GEN. WALTER GASKIN/SEC. DMVA.
S 366: GROW PERFORMING ARTS.
S 367: UNC SELF-LIQUIDATING CAPITAL PROJECTS. (NEW)
S 368: TRANSFER ON DEATH DEEDS.
S 369: MAKE ELECTION DAY A STATE HOLIDAY.
S 370: CLEAR ROADBLOCKS TO I-77 TOLL RELIEF.
S 371: RESUME FUNDING ADULT & PEDIATRIC TBI PILOT.
S 372: ELECTRICAL LIC./BLDG. CODE/DEV. REFORM 2022. (NEW)
S 373: EXPAND VOLUNTARY HEALTH CARE SERVICES.
S 374: AUTH. USE OF BLUE LIGHTS ON FIRE APPARATUS.
S 375: CADC SUPERVISION REQS.
S 376: RESTORE LOTTERY FUNDING FOR SCHOOLS.
S 377: REMOVE FOREIGN CITIZENS FROM VOTING ROLLS.
S 378: EMINENT DOMAIN.
S 379: ISSUANCE OF UNREGISTERABLE CERT. OF TITLE.
S 380: INTERSTATE MEDICAL LICENSURE COMPACT.
S 381: THE SERGEANT MICKEY HUTCHENS ACT.
S 382: ADMINISTRATORS/LIFETIME LICENSURE.
S 383: RESTORE EDUCATOR LONGEVITY.
S 384: IMPROVE DEBT COLLECTION UPON VEHICLE REG.
S 385: LPA TRANSACTION RATES AND COMPENSATION.
S 386: EXPAND WORKFORCE HOUSING.
S 387: EXCELLENT PUBLIC SCHOOLS ACT OF 2021.
S 388: QUALIFYING FARMER ZOO SALES TAX EXEMPTION. (NEW)
S 389: DEQ/DNCR OMNIBUS.-AB
S 390: UNC LAW ENFORCEMENT RECRUITMENT.
S 391: MEDICAID MODERNIZED HOSPITAL ASSESSMENTS.
S 392: MENTAL HEALTH PROTECTION ACT.
S 393: ANALYSIS DOULA SUPP. SERVICES/MEDICAID COV.
S 394: HBCU PROGRAMS/PROJECT FUNDS.
S 395: DOT & COUNCIL OF INTERNAL AUDIT/PED STUDY.
S 396: EQUALITY FOR ALL.
S 397: CONFIRM MACHELLE SANDERS/SEC. OF COMMERCE.
S 398: REQ. DOT TO INDEMNIFY WILMINGTON FOR MAP ACT.
S 399: ESSENTIAL HEALTH BENEFITS/ASSOC. HEALTH PLANS.
S 400: RESTORE BENEFITS TO EDUCATORS/STATE EMPLOYEES.
S 401: CODIFY THE NC COLLABORATORY.
S 402: CLOSE THE MEDICAID COVERAGE GAP.
S 403: EAST COAST GREENWAY/STATE TRAILS.
S 404: A SECOND CHANCE FOR LIFE.
S 405: BORN-ALIVE ABORTION SURVIVORS PROTECTION ACT.
S 406: EDUCATION FUNDING TRANSPARENCY.
S 407: COMPACT TO AWARD PRIZES FOR CURING DISEASES.
S 408: RURAL HEALTHCARE ACCESS & SAVINGS PLAN ACT. (NEW)
S 409: PROHIBIT DEFENSE BASED ON SEX OR GENDER.
S 410: OPEN MEETINGS/VARIOUS BOARD ADJ./PUBLIC RECORDS. (NEW)
S 411: PRESCRIPTION DRUG PRICING.
S 412: $15/HOUR MIN. PAY FOR NONCERT. SCH. EMPLOYEES.
S 413: FUNDS/LOUISBURG MAIN STREET REVITALIZATION.
S 414: COMPACT FOR BALANCED BUDGET.
S 415: GREATER TRANSPARENCY IN HEALTH CARE BILLING.
Actions on Bills: 2021-03-30
H 10: ASHEVILLE AIRPORT AUTH./AUTHORIZE GOLF COURSE.
H 190: VACANCIES/ROWLAND & MAYOR'S TERM/RED SPRINGS.
H 204: HERTFORD COUNTY OCCUPANCY TAX.
H 229: EXTEND MAYOR'S TERM TO 4 YRS./CAROLINA SHORES.
H 287: CITY OF RANDLEMAN CHARTER CONSOLIDATION.
H 303: GREENSBORO SBE/CIVILIAN TRAFFIC INVESTIGATORS. (NEW)
H 375: FRANKLINVILLE/LIBERTY/RAMSEUR/ANNEXATIONS.
H 441: REQUIRE AD VALOREM LOST DISTRIB./CARTERET.
H 442: SEASONALLY-ADJUSTED LOST DISTRIB./CARTERET.
H 443: INDIAN TRAIL/STALLINGS OCCUPANCY TAX AUTH.
S 279: LOCAL GOVERNMENTS/REGULATE NAVIGABLE WATERS.
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