The Daily Bulletin: 2021-04-01

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The Daily Bulletin: 2021-04-01

PUBLIC/HOUSE BILLS
H 32 (2021-2022) EQUITY IN OPPORTUNITY ACT. Filed Jan 28 2021, AN ACT TO ENACT THE EQUITY IN OPPORTUNITY ACT.

House committee substitute amends the 2nd edition as follows.

Part II.

Corrects a statutory cross-reference in proposed GS 115C-595(a)(3a).

Part III.

Exempts the act from the requirements of GS 143C-5-2 governing the order of appropriations bills. Makes conforming organizational changes.

Intro. by Arp, Blackwell, Lambeth, Saine.GS 105, GS 115C, GS 153A
H 73 (2021-2022) TEMPORARILY WAIVE ABC PERMIT RENEWAL FEES. (NEW) Filed Feb 11 2021, AN ACT TO DEFER CERTAIN ABC PERMIT RENEWAL AND REGISTRATION FEES DUE ON MAY 1, 2021, OR FOR THE PERIOD COVERING MAY 1, 2021, THROUGH APRIL 30, 2022, AND TO FURTHER DEFER PREVIOUSLY DEFERRED PERMIT FEES.

Senate committee substitute makes the following changes to the 2nd edition.

Changes the act's titles.

Revises the content of Section 1 to defer ABC permit renewal and registration fees for the previously enumerated permits for the period of May 1, 2021, through April 30, 2022, until September 1, 2021 (previously, required the ABC Commission to renew the specified permits during the same period without payment so long as the permit was active as of April 30, 2021, and the permittee submitted a current recycling plan pursuant to state law). Requires ABC permittees whose payment is deferred to comply with state tax laws and submit a recycling plan. Makes changes to refer to "deferred" fees rather than "waived" fees. Adds a new specification to require permittees who prepaid a deferred fee and requested and received a refund from the ABC Commission to repay the fee by September 1, 2021. 

Revises the proposed changes to Section 1 of SL 2020-94, as amended, to provide that fee payment for renewal or registration of an ABC permit is not required for those permits held by permittees subject to an order of closure under Section 8 of Executive Order No. 141, during the 2020-21 permit year until September 1, 2021. Requires compliance with state tax laws and submission of a recycling plan by September 1, 2021 (previously, eliminated fee payment requirement totally, and eliminated tax and recycling plan compliance).

Revises the proposed changes to Section 3 of SL 2021-2 to require an ABC permittee who has requested a refund of fees for renewal or registration to repay the fee by September 1, 2021 (previously, eliminated fee payment requirement).

Intro. by Moffitt, Lambeth, Goodwin, Winslow.UNCODIFIED
H 83 (2021-2022) REV. LAWS TECH., CLARIFYING, & ADMIN. CHANGES. (NEW) Filed Feb 15 2021, AN ACT TO MAKE VARIOUS TECHNICAL, CLARIFYING, AND ADMINISTRATIVE CHANGES TO THE REVENUE LAWS, AS RECOMMENDED BY THE DEPARTMENT OF REVENUE.

House committee substitute amends the 2nd edition as follows.

Modifies the new deduction for individual taxpayers under GS 105-153.5(5a), which allows a taxpayer to deduct the amount received from the federal government as retirement pay for a retired US Armed Forces member who has served at least 20 years. Expands the deduction to include retirement pay to medically retired US Armed Forces members, excluding severance pay received by a member due to separation from the member's armed forces. Makes clarifying changes. 

Intro. by Szoka, Bradford, Bell, Wheatley.GS 105
H 159 (2021-2022) EDUCATION LAW CHANGES. (NEW) Filed Feb 24 2021, AN ACT TO MAKE VARIOUS CHANGES TO EDUCATION LAWS.

House amendment to the 3rd edition makes the following changes.

Reinstates the provisions of previous Part I., as proposed in the 1st and 2nd editions and eliminated from the 3rd edition, which provide for a one time $350 bonus for teachers employed in a school for students with visual and hearing impairments, with the following changes. No longer appropriates funds for the bonuses; instead requires the Department of Public Instruction to administer the bonuses within available funds. Organizes the provisions as Part X. Makes conforming organizational changes. 

Intro. by Torbett, Blackwell.APPROP, GS 115C
H 335 (2021-2022) TIMELY LOCAL PAYMENTS TO CHARTER SCHOOLS. Filed Mar 17 2021, AN ACT TO REVISE REQUIREMENTS REGARDING THE TRANSFER OF FUNDS FROM A LOCAL SCHOOL ADMINISTRATIVE UNIT TO A CHARTER SCHOOL TO INCENTIVIZE THE TIMELY TRANSFER OF FUNDS.

House amendment makes the following changes to the 3rd edition.

Amends proposed GS 115C-218.105(c1), which provides for a 5% late fee on undisputed amounts of the per pupil share of the current expense fund not transferred or postmarked within 15 days of an administrative unit's receipt of notice from a charter school that the required per pupil share has not been transferred. Now specifies that the late fee only applies if the administrative unit has received written notice directed to the superintendent and school finance officer from the charter school. 

Intro. by Bradford, Riddell, Hardister, Saine.GS 115C
H 351 (2021-2022) CLIFFORD'S LAW. (NEW) Filed Mar 22 2021, AN ACT DIRECTING THE SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ESTABLISH VISITATION PROTOCOLS FOR NURSING HOMES, COMBINATION HOMES, AND ADULT CARE HOMES, INCLUDING FAMILY CARE HOMES, DURING DECLARED DISASTERS AND EMERGENCIES AND REQUIRING THESE FACILITIES TO ADHERE TO THE ESTABLISHED VISITATION PROTOCOLS DURING DECLARED DISASTERS AND EMERGENCIES WHEN NORMAL VISITATION POLICIES ARE SUSPENDED OR CURTAILED.

House amendment makes the following changes to the 3rd edition.

Adds that the visitation protocols established by the Department of Health and Human Services Secretary under GS 131E-112.5, concerning nursing homes, combination homes, and hospice care facilities, and GS 131D-7.1, concerning adult care homes, are subject to Centers for Medicare and Medicaid Services directives. 

Intro. by Dixon, Lambeth, White, Moss.GS 131D, GS 131E
H 469 (2021-2022) CONFIRM WANDA TAYLOR/INDUSTRIAL COMMISSION. Filed Mar 31 2021, A JOINT RESOLUTION CONFIRMING THE APPOINTMENT OF WANDA TAYLOR TO THE NORTH CAROLINA INDUSTRIAL COMMISSION.

House amendment amends the 1st edition to remove the specification stated in the whereas clauses that the Governor's appointment of the named individual to the Industrial Commission is to fill a vacancy that began July 1, 2020.

Intro. by D. Hall.JOINT RES
H 473 (2021-2022) REVISE LAWS/SAFE SURRENDER/INFANTS. Filed Mar 31 2021, AN ACT TO REVISE THE LAWS PERTAINING TO THE SAFE SURRENDER OF INFANTS UNDER THE ABUSE, NEGLECT, AND DEPENDENCY LAWS AND TO MAKE CONFORMING STATUTORY CHANGES.

Enacts Article 5A, Safe Surrender of Infants, to GS Chapter 7B. States the Article's purpose and scope, limiting the scope exclusively to safely surrendered infants, defined to mean an infant reasonably believed to be under seven days of age and without signs of abuse or neglect who is voluntarily delivered to an individual pursuant to new Article 5A by the infant's parent who does not express an intent to return for the infant, as enacted in GS 7B-101. Explicitly excludes from the Article's scope surrendered infants not reasonably believed to be seven days old, infants that show signs of abuse or neglect, when there's reasonable belief that the surrendering individual was not the infant's parent, or when there was reason to believe the parent intended to return for the infant at the time of surrender. 

Creates a duty for the following individuals to take temporary custody of an infant reasonably believed to be under seven days of age that is voluntarily delivered to the individual by the infant's parent who does not express an intent to return for the infant: a health care provider on duty or at a hospital or at a local or district health department or a nonprofit community center; a first responder; and a social services worker on duty or at a local department of social services. Does not require a court order. Details duties of the individual taking temporary custody of the surrendered infant, including immediately notifying the department of social services of the county. Allows the individual to inquire about personal information of the parents or the child so long as the individual discloses that the parent is not required to provide the information. Requires the individual to provide the surrendering parent information created by the Department of Health and Human Services (DHHS), Division of Social Services (DSS) regarding the surrender of infants and parental rights. Grants full immunity to individuals to whom an infant is surrendered, less conduct that constitutes gross negligence, wanton conduct, or intentional wrongdoing. 

Details confidentiality requirements for the surrendering parent's identity. Requires the individual taking an infant into temporary custody to provide any personal information obtained about the infant or the infant's parents and the circumstances of surrender to the director of the department of social services (dss director), which may only be disclosed to local law enforcement to determine if the infant is a missing child, contact with the non-surrendering parent, or as ordered by a court. Identifies authorized disclosure of the information by the dss director, including to a health care provider, placement provider, agencies involved in adoption placement, court, and guardian ad litem. Deems the confidentiality provisions to not apply if dss determines the juvenile is not a safely surrendered infant or is the victim of a crime.

Deems the dss director to have the surrendering parents' rights to legal and physical custody of the infant without obtaining a court order. Authorizes dss to apply ex parte after properly published notice for a district court order finding that the infant has been safely surrendered and confirming dss's custody for purposes of obtaining certified identifying documents of the child or benefits for the minor. Enumerates seven duties of the dss director, including verifying the infant's age and that there are no signs of abuse or neglect (with treatment as a juvenile who has been reported to be an abused, neglected, or dependent juvenile if the infant is found to be over seven days old or has signs of abuse or neglect); notifying law enforcement to investigate whether the infant is a missing child; contacting the non-surrendering parent if known; arrange genetic testing if there is uncertainty and a parent seeks custody; and initiate a termination of parental rights for the surrendering parent after 60 days of surrender if the surrendering parent has not sought custody and the infant has not been placed with the non-surrendering parent. Provides for instances when the dss director determines that the infant's legal residence is in another county. Establishes three criteria for the infant to be placed with the non-surrendering parent. Provides for treating the juvenile as if reported of abuse, neglect or dependency if the known non-surrendering parent is suspected to have created such circumstances; bars the surrendering parent from being party to the dss assessment or a petition filed under GS 7B-302.

Sets extensive requirements for the dss director to publish notice in a qualified newspaper within 14 days from the date of surrender that an infant has been surrendered and taken into dss custody. Requires the notice to be published once a week for three successive weeks. Details content requirements. Requires the publisher to file an affidavit at the preliminary hearing for termination of parental rights for the safely surrendered infant, if commenced. 

Provides for the surrendering parent's right to seek custody prior to the filing of a termination of parental rights petition; requires the dss director to treat such a request as a report of neglect and comply with the provisions of GS 7B-302. Specifies a surrendering parent can execute relinquishment of their parental rights for adoption. Provides for immunity under GS 14-322.3 for the surrendering parent. Directs DSS to create information about infant safe surrender and parental rights, which must be posted on its website and available for distribution to agencies where individuals who may receive surrendered infants are on duty, and other agencies upon request. Details required content. Directs DSS to create a printable and downloadable medical history form that is optional for surrendering parents, that includes instructions on completion and return.

Amends GS 7B-101 to exclude safely surrendered infants from the defined term neglected juvenile. Adds non-surrendering parent and surrendering parent to the defined terms. 

Enacts GS 7B-1105.1 to establish parameters for a preliminary hearing regarding a safely surrendered infant. Requires a preliminary hearing within 10 days of filing of a petition to terminate parental rights of the surrendering or non-surrendering parent, or during the next term of court if no court is held in that county during that period. Provides for a closed hearing unless the surrendering parent appears and requests for the hearing to be open. Provides for the purpose of the hearing and the court's required inquiries of the dss director. Directs the court to determine whether any diligent efforts are required to identify or locate the surrendering parent, and specifies the required efforts of dss and required service. Provides for service of the non-surrendering parent. Requires the court to order service by publication and specify notice content, meeting enumerated requirements. Requires an affidavit of the publisher to be filed upon completion of the service by publication. Requires the court to issue the order within 30 days of the hearing unless additional time is needed for investigation. Specifies that no summons is required for a parent who is served by publication. 

Amends GS 7B-1111 to exclude from the grounds warranting a court to terminate parental rights upon finding the parental rights of the parent has been terminated involuntarily with respect to another child of the parent, instances when the parent's parental rights were terminated as a result of the other child being a safely surrendered infant. 

Makes conforming changes to GS 7B-401.1 (regarding when a parent cannot be a party to a abuse, neglect, dependency proceeding); GS 7B-500 (repealing existing law regarding taking temporary custody of a safely surrendered infant); GS 7B-501 (regarding duties for individuals taking a juvenile into temporary custody); GS 7B-1111 (regarding termination of parental rights); GS 14-322.3 (regarding abandonment of an infant); and GS 115C-47, GS 115C-218.75, GS 115C-548, GS 115C-556, and GS 115C-565 (regarding local boards of education, charter schools, and nonpublic schools' duty to ensure certain students annually receive information on lawfully abandoning an infant).

Effective October 1, 2021. 

Intro. by White, Bradford, Riddell.GS 7B, GS 14, GS 115C
H 480 (2021-2022) DESIGNATE STATE BALLOON RALLY. Filed Apr 1 2021, AN ACT ADOPTING THE CAROLINA BALLOONFEST HELD IN THE CITY OF STATESVILLE AS THE OFFICIAL BALLOON RALLY OF THE STATE OF NORTH CAROLINA.

Enacts GS 145-52, adopting the Carolina BalloonFest, held in October of every year in the City of Statesville, as the State's official balloon rally.

Intro. by Harris, McNeely, Mills.Iredell, GS 145
H 481 (2021-2022) FIREARM DISPOSAL/UNC CAMPUS POLICE. Filed Apr 1 2021, AN ACT TO ALLOW EACH DEPARTMENT, AGENCY, INSTITUTION, COMMISSION, AND BUREAU OF THE EXECUTIVE, JUDICIAL, OR LEGISLATIVE BRANCH OF NORTH CAROLINA AND CAMPUS POLICE AND LAW ENFORCEMENT AGENCIES OF THE CONSTITUENT INSTITUTIONS OF THE UNIVERSITY OF NORTH CAROLINA TO SELL, TRADE, OR OTHERWISE DISPOSE OF ANY OR ALL SURPLUS WEAPONS IN THEIR POSSESSION TO ANY FEDERALLY LICENSED FIREARM DEALER; TO PROVIDE THAT THE TWENTY-YEAR WAITING PERIOD TO PETITION THE COURT TO HAVE FIREARM RIGHTS' RESTORED FOR AN OUT-OF-STATE CONVICTION IS CALCULATED JUST LIKE THE TWENTY-YEAR WAITING PERIOD FOR A NORTH CAROLINA CONVICTION; AND TO AUTHORIZE LOCAL LAW ENFORCEMENT OFFICERS TO PURCHASE PRIOR WEAPON USED.

Amends GS 143-63.1 to allow campus police agencies of the constituent institutions of The University of North Carolina to sell, trade, or otherwise dispose of any or all surplus weapons they possess to any federally licensed firearm dealers.

Intro. by C. Smith, Faircloth, Miller.GS 143
H 482 (2021-2022) ANIMAL SUPPORT/ENRICHMENT PRG. FOR STUDENTS. Filed Apr 1 2021, AN ACT TO ESTABLISH A GRANT PROGRAM FOR INNOVATIVE SCHOOL-BASED SUPPORT PROGRAMS INTEGRATING ANIMALS INTO SCHOOLS TO IMPROVE LEARNING OPPORTUNITIES FOR AT-RISK STUDENTS AND STUDENTS WITH DISABILITIES.

Requires the Outdoor Heritage Advisory Council (OHAC), within funds made available in this act, to establish a grant program to create innovative school-based support programs for students that uses animals as an outlet for positive mental health and behavioral learning opportunities. Allows a local school administrative unit to apply for a grant to have one or more of its schools offer a program to students in which animals are used in various ways to enhance school-based services. Requires OHAC to select as grant recipients local school administrative units for programs that serve students in K-8. Requires programs to focus on serving at-risk students or students with disabilities, but allows participation by all students. Allows OHAC to consult with the Department of Agriculture and Consumer Services when evaluating a grant program for selection. Caps grant award amounts at $3,000.

Appropriates $300,000 for 2021-22 from the General Fund to the Wildlife Resources Commission to be allocated to OHAC to provide the grants.

Requires grant recipients to report to OHAC for the year in which grant funds were expended on the implementation of the grant program, including data collection for reporting on student outcomes, including impacts of the program, and use of State funds. Requires OHAC to report annually, beginning in 2022, on the grant program to the specified NCGA committee.

Effective July 1, 2021.

Intro. by Elmore, K. Hall, K. Baker, Dixon.APPROP, UNCODIFIED
H 483 (2021-2022) PISTOL PERMIT/MENTAL HEALTH RECORD TO SHERIFF. Filed Apr 1 2021, AN ACT TO REVISE THE LAW ON PROVIDING MENTAL HEALTH OR MENTAL CAPACITY RECORDS WHEN APPLYING FOR A PISTOL PURCHASE PERMIT.

Amends GS 14-404 to no longer require, in an application for a pistol purchase permit, a signed release authorizing and requiring the disclosure to the sheriff of any court orders concerning the mental health or capacity of the applicant to be used in determining whether the applicant is disqualified to receive a permit. Instead, adds the following. Requires the sheriff to request disclosure of any court orders concerning the mental health or mental capacity of the applicant to be used in determining whether the applicant is disqualified to receive a permit, specifically stating that the new provision does not increase the applicant's required documentation or the 14 day period within which the applicant must be notified of permit granting or denial. Adds a new requirement that sets forth a statement of acknowledgment in the permit application providing that the applicant grants the sheriff authority to obtain all criminal and mental health orders required by state and federal law to determine permit eligibility. Makes clarifying and conforming changes. 

Revises GS 122C-54 to no longer provide for the accessibility of the record of involuntary commitment for inpatient or outpatient mental health treatment or substance abuse treatment required to be reported to the National Instant Criminal Background Check System by the sheriff or a designee for GS 14-404 background checks. Instead, enacts new subsection (d3), requiring the release of all mental health orders by the holder of any court orders that concern the mental health and mental capacity of a pistol permit applicant to a sheriff if a sheriff notifies the potential holder of a mental health order in writing that the individual has completed a pistol permit application.

Applies to applications for pistol purchase permits pending or submitted on or after August 1, 2021. 

Intro. by Greene, McNeill, C. Smith, Miller.GS 14, GS 122C
H 485 (2021-2022) AMEND 1-YR SEP/REPEAL ALIEN. OF AFF/CRIM. CON. Filed Apr 1 2021, AN ACT TO REDUCE THE REQUIRED PERIOD OF SEPARATION FOR ABSOLUTE DIVORCE FROM ONE YEAR TO SIX MONTHS, TO ALLOW PARTIES TO COHABITATE FOR FINANCIAL REASONS, TO WAIVE THE PERIOD OF SEPARATION FOR UNCONTESTED DIVORCES IN WHICH NO MINOR CHILDREN ARE INVOLVED, AND TO ABOLISH THE COMMON-LAW CIVIL ACTIONS OF ALIENATION OF AFFECTION AND CRIMINAL CONVERSATION.

Decreases the required period of separation prior to divorce under GS 50-6 from one year to six months. Adds a new provision permitting the parties to waive the separation period requirement if the divorce is uncontested and does not involve minor children. Provides that the statutory period for separation is not tolled for cohabitation of the parties for financial reasons. Makes conforming changes. Makes conforming changes to required content of a complaint for divorce under GS 50-8 where separation is the cause.

Enacts GS 52-14 to abolish common-law causes of action for alienation of affection and criminal conversation. Provides a savings clause for cases pending when the act becomes law. Makes a conforming repeal of GS 52-13, which sets forth procedures for causes of action for alienation of affection and criminal conversation. 

Intro. by Harris, Dahle, Gailliard.GS 52
H 486 (2021-2022) REPLACE EOC WITH NATIONAL ASSESSMENT. Filed Apr 1 2021, AN ACT TO USE A NATIONALLY RECOGNIZED ASSESSMENT OF HIGH SCHOOL ACHIEVEMENT AND COLLEGE READINESS TO REPLACE THE END-OF-COURSE TESTS FOR GRADES NINE THROUGH TWELVE AND TO ESTABLISH A NEW CAREER READINESS INDICATOR.

Part I.

Directs the State Board of Education (State Board) to eliminate the use of end-of-course (EOC) tests for grades 9-12. Deems the national recognized assessment of high school achievement and readiness or an alternate assessment administered to students in eleventh grade pursuant to GS 115C-174.11(c)(4), as amended, to constitute the State-mandated testing in grades 9-12 required by state law. Provides for continued application of NCEXTEND1 policies, and use of NCEXTEND1 for students with disabilities as appropriate.

Revises GS 115C-174.11(c)(4) to direct the State Board to use a competitive bid process to adopt one nationally recognized assessment of high school achievement and college readiness to make available to administrative units, regional school, and charter schools to administer to all eleventh grade students pursuant to federal law (previously provided for the adoption of a nationally norm referenced college admissions test and an alternate for certain students). Makes conforming changes. 

Effective July 1, 2022. Applies beginning with tests administered to students entering their junior year during the 2022-23 school year. 

Part II.

Directs the State Board to eliminate required administration of ACT WorkKeys for career and technical education students. Provides that career readiness indicators described in specified state law are not to be considered in the calculation of school performance grades issued based on data from the 2021-22 school year. 

Repeals GS 115C-174.25 regarding the provision of WorkKeys tests.

Applies beginning with the 2021-22 school year. 

Part III.

Revises the assignment of points for school achievement scores for schools serving 9-12 grade students pursuant to GS 115C-83.15 to assign points based on scores of proficient and above on specified subtests of a nationally recognized assessment of high school achievement and college readiness, rather than specified EOC tests, and no longer assign points for students enrolled in career and technical education courses who earn specified scores on a nationally normed test of workplace readiness. 

Makes similar changes regarding school performance indicators for schools serving 9-12 grade students pursuant to GS 115C-83.16, revising the measures used to define indicators to refer to proficiency on specified subtests of a nationally recognized assessment of high school achievement and college readiness, rather than specified EOC tests, and no longer include in the measure of student quality and success indicator the percentage of students enrolled in career and technical education courses who earn specified scores on a nationally normed test of workplace readiness. 

Makes the above provisions effective January 1, 2023, and apply beginning with school performance grades issued based on data from the 2022-23 school year.

Makes conforming changes to GS 116-11, which provides for coordinated information exchange between public schools and institutions of higher education, to require standardized transcripts to include scores from the nationally recognized assessment of high school achievement and college readiness administered pursuant to GS 115C-174.11, as amended. Effective July 1, 2022, and applies beginning with students entering the eleventh grade during the 2022-23 school year. 

Intro. by Elmore, Bell, K. Hall, Torbett.GS 115C, GS 116
H 487 (2021-2022) CERTAIN PROHIBITIONS/WORKING/VOTING PROCESS. Filed Apr 1 2021, AN ACT TO PROHIBIT INDIVIDUALS FROM WORKING IN THE ELECTIONS PROCESS FOR FAILURE TO EXERCISE DUE CARE AND DILIGENCE WHILE WORKING IN ANY JOB RELATED TO THE ELECTION PROCESS.

Enacts GS 163-33.4 to prohibit an individual, who is found to have not exercised due care and diligence while performing elections-related work during an elections process from working further in any elections process, whether paid or as a volunteer.

Intro. by Kidwell, Hanig, Potts, McNeely.GS 163
H 488 (2021-2022) ANALYSIS DOULA SUPP. SERVICES/MEDICAID COV. Filed Apr 1 2021, AN ACT DIRECTING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO CONDUCT A STATEWIDE ANALYSIS OF DOULA SUPPORT SERVICES, TO TAKE CERTAIN ACTIONS TO PROMOTE THE AVAILABILITY OF DOULA SUPPORT SERVICES, AND TO PROVIDE COVERAGE FOR DOULA SERVICES UNDER THE NORTH CAROLINA MEDICAID PROGRAM STATE PLAN.

Identical to S 393, filed 3/30/21.

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 Hawkins, von Haefen, Cunningham, Alston.APPROP, STUDY, UNCODIFIED
H 489 (2021-2022) 2021 BUILDING CODE AND DEV. REG. REFORM. Filed Apr 1 2021, AN ACT TO PROVIDE VARIOUS BUILDING CODE AND DEVELOPMENT REGULATORY REFORMS.

To be summarized.

Intro. by Brody, Riddell, D. Hall, Hunter.
H 490 (2021-2022) ROANOKE RAPIDS EXIT 171 DEVELOPMENT PLAN. Filed Apr 1 2021, AN ACT TO APPROPRIATE FUNDS TO THE CITY OF ROANOKE RAPIDS FOR THE PURPOSE OF DEVELOPING AN ECONOMIC DEVELOPMENT STRATEGY FOR A PORTION OF THE INTERSTATE 95 CORRIDOR LOCATED AROUND EXIT 171.

Appropriates an unspecified amount for 2021-2020 from the General Fund to the City of Roanoke Rapids for the city to develop and implement an economic plan for job creation, increasing the tax base, accelerating public-private investment, and positioning of the area surrounding Exit 171 off of Interstate 95 (subject area) as a business community. Requires that the plan (1) address and advance, at least, land use planning, maximizing underutilized local and regional resources, infrastructure development, and business recruitment for the subject area and (2) have at least the 8 specified elements, including a business recruitment campaign, an effective branding and marketing strategy, recommendations as to types of economic incentives likely to spur capital investment, and means by which to achieve economic stability in the infrastructure, physical development, and layout of the subject area. Effective July 1, 2021.

Intro. by Wray.APPROP, Halifax
H 491 (2021-2022) VIRTUAL TRAINING/REAL WORLD LAW ENFORCEMENT. Filed Apr 1 2021, AN ACT TO APPROPRIATE FUNDS TO THE NORTH CAROLINA JUSTICE ACADEMY AND THE NORTH CAROLINA COMMUNITY COLLEGES SYSTEM OFFICE FOR THE PURCHASE OF POLICE TRAINING SIMULATORS TO BE AVAILABLE FOR USE BY ALL LAW ENFORCEMENT AGENCIES IN NORTH CAROLINA.

Appropriates $500,000 for 2021-22 from the General Fund to the Department of Justice, North Carolina Justice Academy, to purchase two virtual training simulators, with one to be located at the North Carolina Justice Academy Salemburg Campus, and the other at the Edneyville Campus.

Appropriates $2.5 million for 2021-22 from the General Fund to the Community Colleges System Office to purchase virtual training simulators, to be distributed evenly throughout the State, located on community college campuses.

Requires the simulators to be used to help law enforcement officers evaluate the appropriate use of both lethal and nonlethal weapons as well as the appropriate use of de-escalation techniques in confrontational or potentially confrontational encounters. Requires the simulators to be capable of presenting training settings that allow for a variety of racial, cultural, and developmental differences in individuals, and to be made available for basic and in-service law enforcement training for law enforcement officers employed by North Carolina law enforcement agencies.

Effective July 1, 2021.

Intro. by Greene, McNeill, Miller, Logan.APPROP

The Daily Bulletin: 2021-04-01

PUBLIC/SENATE BILLS
S 159 (2021-2022) STATE HEALTH PLAN ADMINISTRATIVE CHANGES.-AB Filed Feb 25 2021, AN ACT TO MAKE TECHNICAL, CLARIFYING, AND ADMINISTRATIVE CHANGES TO LAWS RELATING TO THE STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES.

Senate committee substitute makes the following changes to the 1st edition.

Revises the proposed changes to GS 135-48.33, now increasing the threshold of contracts for the State Health Plan for Teachers and State Employees (SHP) that require approval of the Board of Trustees to contracts in excess of $3 million (previously, proposed an increase to $5 million from the current threshold of $500,000). Makes conforming changes. 

Intro. by Krawiec, Burgin, Perry.GS 135, GS 150B
S 308 (2021-2022) VARIOUS BUILDING CODE AMEND. (NEW) Filed Mar 16 2021, AN ACT TO PREVENT DELAY IN THE ISSUANCE OF TEMPORARY CERTIFICATES OF OCCUPANCY, TO CLARIFY ELECTRIC WIRING REQUIREMENT REFERENCES, AND TO MODIFY ONE- OR TWO-FAMILY DWELLING RESIDENTIAL DEVELOPMENT FIRE APPARATUS ACCESS ROAD REQUIREMENTS.

Senate amendment to the 2nd edition makes the following changes. Makes technical and clarifying changes to the proposed changes 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.

Intro. by Johnson, Jarvis.GS 160D
S 321 (2021-2022) AMEND NC CONTROLLED SUBSTANCES ACT. Filed Mar 18 2021, AN ACT REVISING THE NORTH CAROLINA CONTROLLED SUBSTANCES ACT.

Senate amendment to the 1st edition adds the following.

Modifies anticonvulsants, classified as a Class V controlled substance under GS 90-93, to specify that the term includes cenobamate and lasmiditan and their salts, isomers, and salts of isomers, unless specifically exempted or excluded or unless listed in another schedule.

 

Intro. by McInnis, Lazzara, Edwards.GS 90
S 448 (2021-2022) AMENDMENTS TO SCHEDULE VI OF THE CSA. Filed Apr 1 2021, AN ACT PROVIDING, IN THE ABSENCE OF ANY OBJECTION BY THE COMMISSION FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES, FOR THE AUTOMATIC REMOVAL FROM SCHEDULE VI OF THE CONTROLLED SUBSTANCES ACT PRESCRIPTION DRUGS APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION.

Amends GS 90-94 by adding the following. Excludes any prescription drug approved by the federal Food and Drug Administration under Section 505 of the federal Food, Drug, and Cosmetic Act that is designated, rescheduled, or deleted as a controlled substance under federal law from Schedule VI and allows it to be prescribed, distributed, dispensed, and used in accordance with federal law upon the issuance of a notice, final rule, or interim final rule by the United States Drug Enforcement Administration that designates, reschedules, or deletes such prescription drug as a controlled substance under federal law. Makes an exception for when the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services objects to such action; if no objection is made, the prescription drug is deemed to be designated, rescheduled, or deleted as a controlled substance in accordance with federal law and in compliance with GS Chapter 90.

Intro. by Burgin, Krawiec, Perry.GS 90
S 449 (2021-2022) REVISE MANUFACT. HOME TITLE LAWS. Filed Apr 1 2021, AN ACT TO REVISE LAWS GOVERNING MANUFACTURED HOME TITLES.

Amends GS 20-58.3A, which provides for the automatic expiration of a perfected security interest in a manufactured home perfected by notation on the certificate of title after 30 years of issuance, unless the title states a different maturity date. Expands subsection (g) to also grant immunity to license plate contractors of the Division of Motor Vehicles (DMV), in addition to the DMV, from tort claims based on reliance by the DMV or a DMV contractor on any application for renewal of the perfection of a security interest on a certificate of title for a manufactured home submitted to the DMV or the contractor by a third party, as authorized by the statute.

Amends GS 20-58.4, which provides for the release of a security interest in a motor vehicle upon satisfaction or other discharge, to direct DMV license plate contractors, in addition to the DMV, to issue a new certificate of title upon the owner's exhibition of signed documents evidencing the release and the certificate of title. No longer requires the DMV to be satisfied by the regularity of the release prior to issuance of the new certificate of title. Regarding the release of a security interest in a vehicle that is a manufactured home, requires DMV licensed contractors, in addition to the DMV to send notice to the last known address of the secured party before cancellation, and prohibits cancellation if the secured party files an objection within 15 days after the notice was sent (previously, required notice by registered letter to the last known address of the secured party). Similar to the changes made to GS 20-58.3A, expands subsection (f) to also grant immunity to license plate contractors of the DMV, in addition to the DMV, for tort claims based on reliance by the DMV or a DMV contractor on any release, affidavit, certificate of title notation, or documents evidencing the release or satisfaction of a security interest related to certificates of title for manufactured homes submitted to the DMV or the contractor by a third party, as authorized by the statute.

Regarding the surrender of title to a manufactured home that qualifies as real property under GS 20-109.2, no longer requires the DMV Commissioner to require evidence demonstrating that all affected secured parties have been notified and consent to the owner of a manufactured home's application for a new certificate of title following cancellation of the initial certificate of title when the owner seeks to separate the manufactured home from the real property. Deems there to be no right of action against a DMV license plate contractor, in addition to the DMV, for a person damaged by the cancellation of a certificate of title pursuant to subsection (a1), which provides for surrender of the certificate of title to a manufactured home that qualifies as real property when the certificate of title is unavailable.  

Effective October 1, 2021.

Intro. by Galey, Britt, Daniel.GS 20
S 450 (2021-2022) VARIOUS EDUCATION CHANGES. (NEW) Filed Apr 1 2021, AN ACT TO REQUIRE THE INSTALLATION OF CARBON MONOXIDE ALARM AND DETECTION SYSTEMS IN EXISTING PUBLIC SCHOOL BUILDINGS, TO AUTHORIZE ADDITIONAL NATIONALLY STANDARDIZED TESTS TO SATISFY NINTH GRADE PRIVATE SCHOOL TESTING REQUIREMENTS, AND TO PROVIDE MUNICIPAL WATER AND SEWER SERVICES TO CHARTER SCHOOLS.

Adds to the duties of the State Board of Education (State Board) under GS 115C-12 to require the adoption of rules applicable to all public school units that require existing school buildings to have adequate carbon monoxide alarms, as defined, and new school buildings placed into service on or after July 1, 2025, to be have adequate carbon monoxide detectors, as defined. 

Directs the State Board to adopt temporary implementing rules. Requires temporary and permanent rules to ensure the requirements for existing buildings to have adequate carbon monoxide alarms are effective by July 1, 2023.

Intro. by Lee, Ballard, Barnes.GS 115C
S 451 (2021-2022) BAN SINGLE-USE AND NON-REYCLABLE PRODUCTS. Filed Apr 1 2021, AN ACT TO PROHIBIT THE USE OF NON-RECYCLABLE, NON-COMPOSTABLE, OR SINGLE-USE PLASTIC FOOD SERVICE WARE AND SINGLE-USE PLASTIC BAGS.

Enacts GS 130A-309.14 to prohibit State entities and political subdivisions which receive State funds from selling or providing food or beverages in or with disposable food service ware, as defined, unless the ware is reusable, compostable, or recyclable, as defined by statutory cross-reference. 

Enacts Part 2J, Management of Disposable Food Service Ware, to Article 9, GS Chapter 130A. States legislative findings and sets forth five defined terms. Prohibits prepared food retailers, as defined, from selling or providing food or beverages in or with disposable food service ware, unless such ware is reusable, compostable, or recyclable, as defined.

Reenacts and makes the following changes to expand Part 2G, Plastic Bag Management, of Article 9, GS Chapter 130A. Revises the legislative findings to apply statewide rather than focusing on coastal areas. Repeals GS 130A-309.125, which limits the Part's scope to counties which include a barrier island or peninsula that meets specified criteria. Makes technical changes. 

Makes the above provisions apply to retail sales on or after October 1, 2023.

Provides for the following, notwithstanding the above enactments. Permits State entities and political subdivisions to continue to use its stocks of food service ware purchased prior to October 1, 2023, until such stocks are exhausted. Permits prepared food retailers to continue to use stocks of food service ware purchased prior to October 1, 2023, until the earlier of July 1, 2024, or when such stocks are exhausted. Permits a retailer to continue to use stocks of plastic bags subject to the ban enacted by Part 2G, Article 9, GS Chapter 130A, as amended, until the earlier of July 1, 2024, or when such stocks are exhausted. 

Intro. by Mayfield, Murdock.GS 130A
S 452 (2021-2022) UTILITIES/USER RESPONSIBLE FOR UTILITY BILL. Filed Apr 1 2021, AN ACT TO GENERALLY PROHIBIT A LOCAL GOVERNMENT THAT OPERATES A PUBLIC ENTERPRISE FROM BILLING A LANDLORD FOR SERVICE PROVIDED TO PREMISES THAT THE LANDLORD NO LONGER OWNS, LEASES, OR OCCUPIES.

Enacts GS 62-159.1(a)(3) to prohibit a public utility or electric or telephone membership corporation from billing any person or company for a service provided to a household or business location that the person or company does not own, lease, or occupy, notwithstanding any agreement between the person and the utility or membership corporation to reconnect service to the household or business location during the time the person or company owned, occupied or leased the property. 

Intro. by Johnson.GS 62
S 453 (2021-2022) MODERNIZE ABC CONTROLS. (NEW) Filed Apr 1 2021, AN ACT TO CLARIFY THAT A SPIRITUOUS LIQUOR SPECIAL EVENT PERMIT FOR A CONSUMER TASTING IN AN ABC STORE SHALL BE ISSUED IN THE NAME OF 4 THE BUSINESS LISTED ON THE APPLICATION FOR THE PERMIT; TO ALLOW, SUBJECT TO THE ADOPTION OF AN ORDINANCE, ONLINE ORDERS OF ALCOHOLIC BEVERAGES FROM ABC STORES; TO ALLOW THE PURCHASE OF SPIRITUOUS LIQUOR IN BOTTLES WITH PERSONALIZED LABELING; AND TO AUTHORIZE CERTAIN EVENT CENTERS TO SEEK A MIXED BEVERAGE PERMIT.

Adds to the limitations and requirements of consumer tastings held by a spirituous liquor special event permit under GS 18B-1114.7, to include that the permit must be issued in the name of the business listed on the permit application. 

Directs the ABC Commission to amend its rules consistent with the act pursuant to the procedures of GS 150B-21.1.

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

Intro. by Johnson, Britt, deViere.GS 18B
S 454 (2021-2022) ARSON LAW REVISIONS. Filed Apr 1 2021, AN ACT TO INCREASE THE PUNISHMENT FOR THE BURNING OF COMMERCIAL STRUCTURES; TO AMEND THE OFFENSE OF ARSON OR OTHER UNLAWFUL BURNINGS THAT RESULT IN INJURY TO A FIREFIGHTER, LAW ENFORCEMENT OFFICER, FIRE INVESTIGATOR, OR EMERGENCY MEDICAL TECHNICIAN; TO AUTHORIZE THE COMMISSIONER OF INSURANCE THROUGH THE OFFICE OF STATE FIRE MARSHAL TO INVESTIGATE FIRES; TO REQUIRE CRIMINAL HISTORY RECORD CHECKS OF APPLICANTS TO FIRE DEPARTMENTS; TO REQUIRE APPLICANTS TO DISCLOSE CERTAIN CRIMINAL CHARGES; AND TO PROHIBIT APPLICANTS CONVICTED OF CERTAIN CRIMES FROM SERVING AS VOLUNTEER OR PAID MEMBERS OF FIRE DEPARTMENTS.

Identical to H 315, filed 3/16/21.

Part I.

Repeals GS 14-60, which made the burning of schoolhouses or buildings of educational institutions a Class F felony. 

Enacts new GS 14-62.3 to provide the penalties for wantonly and willfully setting fire to or burning or aiding, counseling, or procuring the burning of any commercial structure, defined as any building or structure that is not designed principally for residential purposes, or its contents. Violations are a Class D felony if the structure was occupied at the time of the burning and a Class E felony if the structure was unoccupied at the time of the burning.

Amends the following statutes to provide for the punishment stated in the statute unless the conduct is covered under some other provision of law that provides for greater punishment: GS 14-61 (burning of certain bridges and buildings), GS 14-62 (burning of certain buildings), GS 14-62.1 (burning of building or structure in process of construction), GS 14-62.2 (burning of churches and certain other religious buildings), and GS 14-64 (burning of ginhouses and tobacco houses).

Adds to GS 14-64, which provides for the Class H felony offense of burning ginhouses and tobacco houses, to define ginhouse as any building or structure where cotton is ginned, and tobacco house as any barn, building, or other structure used for curing and aging tobacco. Makes organizational changes. 

Part II.

Amends GS 14-69.3 by adding that a person is guilty of a Class F felony for committing a felony under Article 15 (Arson and other burnings) where a firefighter, law enforcement officer, fire investigator, or emergency medical technician suffers physical injury while discharging (or attempting to do so) their official duties on the property, or proximate to the property, that is the subject of the individual's discharge of their respective duties.

Part III.

Amends GS 58-79-1 to authorize the Commissioner of Insurance (Commissioner), through the Office of the State Fire Marshal (Office), and the State Bureau of Investigation (SBI), along with specified local fire departments and authorities (previously, the Director of the SBI through the SBI, the Office and the specified local entities) to investigate the cause, origin, and circumstances of fires, as specified. Makes conforming changes to the statute and to GS 58-79-5 to transfer the previous duties and authorities regarding investigations of the SBI Director to the Commissioner, except maintains that the Director only has the power to make arrests. Makes conforming changes and language gender-neutral. Makes conforming changes to GS 58-79-10 (power in investigations) and GS 58-79-15 (Failure to comply with summons or subpoena).

Amends GS 58-79-40 to authorize the Office to request any insurance company investigating a fire of real or personal property to release any information in its possession relative to that loss. Also requires insurance companies to notify, cooperate with, and provide relevant information to the Office if the company believes the property loss was caused by incendiary means.

Effective October 1, 2021.

Part IV.

Makes the following changes regarding criminal history checks of applicants to and current members of fire departments and emergency medical services required by GS 143B-943. Adds to the crimes included in criminal history any criminal offense set forth in Article 22, Damages and Other Offenses to Land Fixtures, of GS Chapter 14. Makes a technical change to reflect the title change to Article 5A of GS Chapter 14. Adds a new provision authorizing the local Homeland Security director, local fire chief, county fire marshal, or local law enforcement agency requesting the criminal history of an applicant or current member to charge the applicant or current member the fee amount charged by the Department of Public Safety.

Adds a new subsection (d1) prohibiting an applicant from serving in a paid or volunteer position with a dire department if a verified criminal history check reveals a conviction of arson or any felony conviction involving burning or setting fire under Articles 14, 22, or any other Article of GS Chapter 15 (appears to intend Articles 15, Arson and Other Burnings, 22, Damages and Other Offenses to Land and Fixtures, or any other Article of GS Chapter 14). Requires a local Homeland Security director, local fire chief, county fire marshal, or local law enforcement agency to request disclosure of any such pending charges, and upon disclosure or discovery of such charges, deny the applicant a paid or volunteer position. Separates the authorized actions of local fire departments from that of emergency medical services regarding refusal to consent to a criminal history check or use of fingerprints or other identifying information. Mandates that local fire departments deny applicants, and authorizes the dismissal of current members, who refuse to consent to a criminal history record check or use of fingerprints or other identifying information (previously both actions were permitted). Establishes that refusal constitutes just cause for the denial or dismissal. Authorizes local fire departments to extend a conditional offer of the position pending the results of the criminal history record check or final disposition of felony charges disclosed or discovered (previously pending the results of a criminal history check only). Makes conforming and technical changes.

Amends GS 153A-233 to require counties to ensure that any unit of local government or incorporated fire department with whom the county contracts for fire-fighting or prevention services obtains a criminal history record check of any person who applies for a paid or volunteer position providing such services, pursuant to the procedures and evaluations provided in GS 143B-943, as amended.

Amends GS 153A-234, concerning counties, and GS 160A-292, concerning cities, to require the fire marshal or chief to obtain a criminal history record check of any person who applies for a paid or volunteer position with the fire department, pursuant to the procedures and evaluations provided in GS 143B-943, as amended

Applies to applications submitted on or after December 1, 2021.

Part V.

Provides that prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions. 

The act is effective December 1, 2021, and applies to offenses committed on or after that date. 

Intro. by Britt, Johnson, Sawyer.GS 14, GS 58, GS 143B, GS 153A, GS 160A
S 455 (2021-2022) CONFORM HEMP WITH FEDERAL LAW. (NEW) Filed Apr 1 2021, AN ACT TO CONFORM THE HEMP LAWS WITH FEDERAL LAW BY PERMANENTLY EXCLUDING HEMP FROM THE STATE CONTROLLED SUBSTANCES ACT.

Revises GS 14-4, making it an infraction punishable by a fine of up to $50 to violate a local ordinance or ordinance of a metropolitan sewerage district (currently a Class 3 misdemeanor punishable by up to $500, or $50 if the ordinance does not specify a greater fine, except violations of ordinances regulating the operation or parking of vehicles are an infraction punishable by fine of up to $50). Adds that the statute does not restrict local authority or the authority of a metropolitan sewerage district from imposing stricter civil penalties for violation of any ordinance pursuant to their respective authority under GS 153A-123, GS 160A-175, or GS 162A-81. Makes conforming changes. Applies to violations on or after December 1, 2021.

Enacts GS 14-4.2 to bar criminal convictions unless the offense is a common-law offense or appears in the following GS Chapters: 14 (Criminal Law), 20 (Motor Vehicles), or Article 5 of GS Chapter 90 (Controlled Substances Act). Excludes persons who have actual knowledge that the behavior constitutes a crime. Applies to offenses committed on or after December 1, 2021. 

Provides a savings clause for prosecutions for offenses committed before December 1, 2021.

Effective December 1, 2021. 

Intro. by Britt, Mohammed, Lee.GS 14
S 456 (2021-2022) CHILD DEVELOPMENT ASSOCIATE APPRENTICE PILOT. Filed Apr 1 2021, AN ACT TO APPROPRIATE FUNDS TO ESTABLISH A CHILD DEVELOPMENT ASSOCIATE APPRENTICESHIP PILOT PROGRAM.

Appropriates $250,000 for each year of the 2021-23 biennium from the General Fund to the Department of Health and Human Services, Division of Child Development and Early Education (Division) to establish a two-year child development assistance apprenticeship pilot program (program). Directs the Division to provide program participants with on-the-job learning and coursework for early childhood educators, specialized training with a one-on-one mentor, and classroom-based, related technical instruction that may result in college credit. Requires implementation at at least two child development centers, with one located in the Piedmont region and one in the Eastern region, with the intent to establish best practices to be modeled statewide. Directs the Division to consider coordination with the NC Partnership for Children, Inc. in program implementation. Requires the Division to submit annual progress reports to the specified NCGA committee by December 31 of each year of the program, and a final report by December 31, 2023, on the outcomes of participating educators. Effective July 1, 2021.

Intro. by Robinson, Batch, Lowe.APPROP
S 457 (2021-2022) HEALTHY FAMILIES & WORKPLACES/PAID SICK DAYS. Filed Apr 1 2021, AN ACT PROVIDING FOR HEALTHY FAMILIES AND HEALTHY WORKPLACES BY ENSURING THAT ALL WORKERS HAVE EARNED PAID SICK DAYS TO ADDRESS THEIR OWN HEALTH NEEDS AND THE HEALTH NEEDS OF THEIR FAMILIES.

Enacts new Article 3A of GS Chapter 95, to be cited as the Healthy Families and Healthy Workplaces Act (HFHW Act). Denotes that state public policy in promoting the general welfare of the people of North Carolina requires the enactment of new Article 3A under the police power of the state.

Provides definitions for the following terms as used in the HFHW Act: (1) child, (2) domestic violence, (3) employ, (4) employee, (5) employer, (6) federal act, (7) health care provider, (8) immediate family member, (9) paid sick time or paid sick days, (10) parent, (11) sexual assault, (12) stalking, and (13) small business.

Provides that the proposed HFHW Act does not apply to (1) bona fide volunteers in an organization where an employer-employee relationship does not exist or (2) any person who is exempt from the Wage and Hour Act under GS 95-25.14(a)(2) through (8), GS 95-25.14(b), GS 95-25.14 (b1), GS 95-25.14(c), and GS 95-25.14(e). Makes an exception regarding domestic workers, providing that they are exempt only if they are employed in the place of residence of their employer.

Provides that paid sick time begins to accrue at the start of employment at a rate of one hour of paid sick time for every 30 hours worked. Provides additional guidelines regarding discretionary advancement of sick time by the employer, limits on the amount of paid sick time accrued, and the accrual of paid sick time when there is a separation of employment followed by a rehiring by the same employer. Provides that with the exception of the specified exemptions to the proposed HFHW Act, any employee who works in North Carolina and who must be absent from work for the reasons delineated in proposed new GS 95-31.5(a) is entitled to paid sick time.  

Directs that paid sick time is to be provided by an employer to an employee who meets any of the following reasons listed in proposed new GS 95-31.5: (1) to care for a member of the employee's immediate family suffering from health issues or to care for the employee's own health, unless the care is covered under federal law or (2) absence necessary due to the circumstances resulting from the employee or an immediate family member of the employee being a victim of stalking or domestic violence or sexual violence if leave allows the employee or family member to obtain: medical attention needed to recover from physical or psychological injury or disability caused by stalking or domestic violence or sexual violence, services from a designated domestic violence agency or other victim services organization, psychological or other counseling, relocation, or legal services. Permits the employer to require certification of the qualifying health issue or event when a paid sick time period covers more than three consecutive work days. Provides guidelines for determining what may be deemed acceptable certification. Provides that an employer may not require certification from a health care provider that is employed by the employer. Prohibits an employer from requiring the disclosure of details relating to domestic violence, sexual assault, stalking, or an employee's medical condition as a condition of providing paid sick time to an employee. Directs an employer to treat as confidential any information that the employer acquires about the employee or the employee's immediate family regarding domestic violence, sexual assault, stalking, or health conditions. Prohibits the employer from requiring an employee to secure a replacement worker as a condition of providing sick time under the proposed HFHW Act. Directs the employee to make a good faith effort, when the use of sick time is foreseeable, to provide the employer with advance notice. States that this act provides minimum requirements regarding paid sick time and should not be construed to limit, preempt, or otherwise affect other applicability of law, regulation, or policy that extends additional or greater protections to employees, nor should this proposed act be construed to discourage employers from adopting more generous paid sick time policies. Provides that employers already offering a paid sick time policy do not have to modify that policy providing that the paid sick time policy currently in place offers an employee, at his or her discretion, the option to take paid sick time that is equivalent to the amount and for the same purposes offered under the proposed HFHW Act.

Requires employers to provide notice to employees, in Spanish and English, of their entitlement to paid sick time as well as other related information. Notice may be provided by supplying each employee with a notice in Spanish and English or by conspicuously displaying a poster in the place of employment in both languages. Prohibits employers from retaliating against employees who request or use paid sick time. Provides that an employee has a right to file a complaint with the Commissioner of Labor (Commissioner) or in the General Court of Justice if an employer (1) denies an employee paid sick time or (2) retaliates against an employee for requesting or taking paid sick time.

Authorizes the Commissioner to enforce and administer the provisions of the proposed HFHW Act. Provides criteria regarding an employer's liability for a violation under the proposed HFHW Act, including provisions for the potential awarding of liquidated damages for a violation of the act. Directs that actions under the proposed HFHW Act must be brought within two years pursuant to GS 1-53. Also provides that the rights and remedies created under the HFHW Act are supplementary to all existing common law and statutory rights and remedies. Directs the Commissioner to adopt rules to implement the proposed act. Provides that the provisions of the proposed act are severable.

Makes conforming changes to GS 95-241(a).

Contains a number of whereas clauses.

Effective July 1, 2021, and applies only to covered employment on or after that date and does not apply to any collective bargaining agreement entered into before July 1, 2021, still in effect on that date.

Intro. by Robinson.GS 95
S 458 (2021-2022) REINSTATE MTN ISLAND LAKE MARINE COMMISSION. Filed Apr 1 2021, AN ACT TO AUTHORIZE THE REINSTATEMENT OF THE MOUNTAIN ISLAND LAKE MARINE COMMISSION.

Revises Article 6 of GS Chapter 77 as follows. 

Amends GS 77-70, the definitions for the Mountain Island Lake Marine Commission (Commission), making clarifying changes and adding and defining participating counties.

Amends GS 77-71, to make organizational changes, now providing that the provisions of any joint resolution can be modified, amended, or rescinded by a subsequent joint resolution made with the unanimous consent of the participating counties (previously, did not require unanimous consent). Provides that after a unilateral withdrawal from participation by a participating county the Commission will continue with the remaining participating counties, with any property of the withdrawing county being distributed as determined by all participating counties. Provides that all property of the Commission will be distributed as specified if all participating counties withdraw. Deletes GS 77-77 concerning the Commission's regulatory authority.

Amends GS 77-72, deleting various provisions that provided for the membership of the governing board. Now provides that the Commission will have a governing board of seven members, subject to the provisions of this section. Directs the board of commissioners of each participating county to appoint two members if there are three participating counties, or appoint three members if there are two participating counties, with the final member appointed by agreement of the participating counties' boards of commissioners. Makes organizational changes. 

Amends GS 77-73, 77-74, 77-75, 77-76(a), and 77-78(a), making technical and conforming changes. 

Provides that this act only applies to Gaston, Lincoln, and Mecklenburg counties.

Intro. by Marcus.Gaston, Lincoln, Mecklenburg, GS 77
S 459 (2021-2022) AMEND 1-YR SEP/REPEAL ALIEN. OF AFF/CRIM. CON. Filed Apr 1 2021, AN ACT TO REDUCE THE REQUIRED PERIOD OF SEPARATION FOR ABSOLUTE DIVORCE FROM ONE YEAR TO SIX MONTHS, TO ALLOW PARTIES TO COHABITATE FOR FINANCIAL REASONS, TO WAIVE THE PERIOD OF SEPARATION FOR UNCONTESTED DIVORCES IN WHICH NO MINOR CHILDREN ARE INVOLVED, AND TO ABOLISH THE COMMON-LAW CIVIL ACTIONS OF ALIENATION OF AFFECTION AND CRIMINAL CONVERSATION.

Identical to S 459, filed 4/1/21.

Decreases the required period of separation prior to divorce under GS 50-6 from one year to six months. Adds a new provision permitting the parties to waive the separation period requirement if the divorce is uncontested and does not involve minor children. Provides that the statutory period for separation is not tolled for cohabitation of the parties for financial reasons. Makes conforming changes. Makes conforming changes to required content of a complaint for divorce under GS 50-8 where separation is the cause.

Enacts GS 52-14 to abolish common-law causes of action for alienation of affection and criminal conversation. Provides a savings clause for cases pending when the act becomes law. Makes a conforming repeal of GS 52-13, which sets forth procedures for causes of action for alienation of affection and criminal conversation. 

Intro. by Mayfield, Fitch, Nickel.GS 52
S 460 (2021-2022) ESTABLISH PFAS TASK FORCE/ADD'L MEASURES. Filed Apr 1 2021, AN ACT TO ESTABLISH THE "PFAS TASK FORCE" TO IDENTIFY AND ANALYZE ALL PER- AND POLY-FLUOROALKYL SUBSTANCES (PFAS) IN THE LOWER CAPE FEAR RIVER BASIN, TO IDENTIFY THEIR SOURCE OF DISCHARGE AND THEIR HEALTH IMPACT ON THE HUMAN POPULATION THEREIN, TO ESTABLISH ALLOWABLE MAXIMUM HEALTH STANDARDS FOR EXPOSURE TO PFAS, AND TO PROVIDE FOR THE IMMEDIATE REPLACEMENT AND/OR UPGRADE OF DRINKING WATER SYSTEMS, INCLUDING PRIVATE WELLS, WITHIN THE AFFECTED AREA.

Requires the Department of Environmental Quality (DEQ) to establish the PFAS Task Force, which must take seven specified actions, including undertaking a comprehensive, nontargeted, scientific identification and analysis of all per- and poly-fluoroalkyl substances (PFAS), including GenX compounds, and other chemical contaminants of emerging interest, including 1,4-Dioxane, found in ground and surface waters, private wells, air, soil, dust, food, and locally produced garden and farm products within the Lower Cape Fear River Basin, and the streams and tributaries contained therein; identifying all public and private parties responsible for the discharge or emissions of such contaminants; and reviewing and updating the National Pollutant Discharge Elimination System (NPDES) permitting requirements and the appropriateness of the amount of sanctions and remedies that may be assessed under State law for noncompliance with State environmental requirements. Requires that the work be completed by April 30, 2024, and requires quarterly reports until then, beginning September 1, 2022, to the Environmental Review Commission. Specifies that the Task Force will serve as a pilot program for establishment of future statewide initiatives to aggressively examine and resolve public health concerns as a result of the discharge of illegal toxic contaminants into the public realm. Requires DEQ to report to the specified NCGA committee by March 1, 2022, regarding legislative recommendations and information on staffing, equipment, and instrumentation for the conduct of the Task Force's work, as well as necessary appropriations. Requires collaboration and input from the Environmental Review Commission to determine membership and structure for the Task Force and necessary appropriations. 

Amends GS 143-215.2A to require a person responsible for the discharge or release of industrial waste that includes PFAS resulting in the contamination of a public or private water supply to establish permanent replacement water supplies (was, applicable only when the contamination was of a private drinking water well), when directed by the Secretary upon the Governor's direction. Makes conforming changes to the definition of affected party. Amends the definition of contamination to mean an exceedance of 10 ppt for a single PFAS compound, and a cumulative threshold of 25 ppt where three or more PFAS compounds are detected for any chemical classified as a PFAS. If a permanent replacement water supply is required, it must be through installation of a filtration system or connection to a public water system. Makes conforming changes.

Requires DEQ, with the assistance of regional utility providers, to identify all affected parties. 

Requires the State Controller to transfer $300 million from the Savings Reserve account to the General Fund for 2021-22 to execute agreements with appropriate contractors for the installation of filtration systems for all identified affected parties. Provides that the transfer is intended to provide relief and assistance from the effects of a public health emergency. Requires DEQ to seek cost recovery from the responsible parties, with recovered funds reverting to the General Fund and transferred to the State Controller into the Savings Reserve.

Intro. by deViere, Murdock, Mayfield.STUDY, GS 143
S 461 (2021-2022) FUND HEALTH CTR. PROGRAMS/HEALTH DISPARITIES. Filed Apr 1 2021, AN ACT APPROPRIATING FUNDS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF CENTRAL MANAGEMENT AND SUPPORT, TO PROVIDE FUNDING FOR PROGRAMS AND INITIATIVES BY COMMUNITY HEALTH CENTERS AND FEDERALLY QUALIFIED HEALTH CENTERS TO TARGET RACIAL AND ETHNIC HEALTH DISPARITIES.

Appropriates $2 million for 2021-22 from the General Fund to the Department of Health and Human Services, Division of Central Management and Support, to be allocated equally among the following health centers, for programs or initiatives targeting racial and ethnic health disparities in diabetes, high blood pressure, and health conditions attributed to food insecurity: (1) The C.W. Williams Community Health Center, Inc., in Mecklenburg County; (2) Lincoln Community Health Center, Inc., in Durham County; (3) Triad Adult and Pediatric Medicine, Inc., in Guilford County; (4) Greene County Healthcare, Inc., in Greene, Pitt, and Pamlico Counties. Effective July 1, 2021.

Intro. by Robinson, Murdock, Mohammed.APPROP
S 462 (2021-2022) CON/THRESHOLD AMDS. & CERTIFICATE EXPIRATIONS. Filed Apr 1 2021, AN ACT AMENDING CERTIFICATE OF NEED LAWS TO EXPAND ACCESS AND LOWER COSTS.

Revises defined terms applicable to certificates of need laws in Article 9, set forth in GS 131E-176, as follows. Changes the threshold criteria for diagnostic center to include a facility, program, or provider in which the total cost of all medical diagnostic equipment used by the facility which cost more than $10,000 or more exceeds $1.5 million (currently, the cost threshold is set at $500,000). Changes the threshold criteria for major medical equipment to include a unit or system used to provide medical or other health services which costs more than $2 million (currently, the threshold is $750,000). Changes the threshold criteria for new institutional health services to include the obligation of capital expenditure exceeding $4 million (was, $2 million) to develop or expand a health service or facility or relates to the provision of health services. Requires the cost threshold amount for diagnostic centermajor medical equipment and new institutional health services to be adjusted annually, beginning September 30, 2022, as specified.

Enacts GS 131E-189(d), providing for the expiration of a certificate of need issued for the construction of a health service facility upon the certificate holder failing to initiate authorized construction within: four years after the approval becomes final for projects costing over $50 million; or two years after the approval becomes final for projects costing less than $50 million.

Makes the above provisions effective October 1, 2021.

Includes a severability clause.

Intro. by Krawiec, Perry, Burgin.GS 131E
S 463 (2021-2022) DEPLOY CHILD WELFARE & AGING COMPONENT/NCFAST. Filed Apr 1 2021, AN ACT AUTHORIZING THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES TO BEGIN DEPLOYMENT OF THE NORTH CAROLINA FAMILIES ACCESSING SERVICES THROUGH TECHNOLOGY (NC FAST) CASE MANAGEMENT FUNCTIONALITY FOR THE CHILD WELFARE SYSTEM AND AGING AND ADULT SERVICES' PROGRAMS AND APPROPRIATING FUNDS FOR THAT PURPOSE.

Requires the Department of Health and Human Services (Department), Division of Social Services (Division), to begin deployment of the North Carolina Families Accessing Services through Technology (NC FAST) system as it relates to case management functionality for the child welfare system and aging and adult services' programs. Requires deployment of the child welfare case management component of the NC FAST system statewide by July 1, 2022. Requires the Division to enter into a contract to augment and enhance the child welfare case management component of the NC FAST system before August 1, 2021. Sets out requirements for the contract. 

Appropriates $17,262,882 for 2021-22 from the General Fund to the Division to implement this act. Effective July 1, 2021.

Intro. by Krawiec, Burgin, Perry.APPROP, UNCODIFIED
S 464 (2021-2022) SMART START FUNDS. Filed Apr 1 2021, AN ACT TO PROMOTE YOUNG CHILDREN'S HEALTHY DEVELOPMENT THROUGH CONTINUED INVESTMENT IN THE NORTH CAROLINA PARTNERSHIP FOR CHILDREN, INC., (SMART START) PROGRAM.

Identical to H 262, filed 3/10/21.

Includes whereas clauses. Appropriates $30 million in recurring funds for each year of the 2021-23 fiscal biennium from the General Fund to the Department of Health and Human Services, Division of Child Development and Early Education, to be allocated to the North Carolina Partnership for Children, Inc., (Smart Start) for distribution to Smart Start local partnerships. Requires that the funds be used to provide additional funding for the following Smart Start activities or initiatives: (1) $15 million for child care–related activities; (2) $7.5 million for family support activities; (3) $3.75 million for health-related activities; and (4) $3.75 million for child care subsidy. Effective July 1, 2021.

Intro. by Krawiec, Burgin, Perry.APPROP
S 465 (2021-2022) TRASH COLLECTION/MULTIFAMILY RESIDENTIAL. Filed Apr 1 2021, AN ACT REQUIRING THAT DOORSTEP REFUSE AND RECYCLING COLLECTION CONTAINERS BE ALLOWED IN EXIT ACCESS CORRIDORS OF CERTAIN APARTMENT OCCUPANCIES UNDER CERTAIN CIRCUMSTANCES.

Directs the Building Code Council (Council), and local governments enforcing the 2018 NC Fire Prevention Code (Code) to adhere to the following directives with respect to exit obstruction and waste accumulation, defined to mean Section 1031.2, 1031.3, 304.1, 304.2, and 304.4 of the Code. 

Directs code enforcement authorities with jurisdiction over apartment occupancies to permit doorstep refuse and recycling collection containers that stand upright on their own and do not leak liquids in exit access corridors. Establishes distinct criteria and limitations based on whether apartment occupancies have enclosed corridors, or have open-air corridors or balconies served by exterior exit stairs. Allows for doorstep refuse and recycling collection containers to be up to 13 gallons, with one refuse and one recycling collection container per apartment occupancy for those with enclosed corridors. Allows for doorstep refuse and recycling collection containers to be up to 27 gallons, with one refuse and one recycling collection container per apartment occupancy for those with open-air corridors or balconies. For enclosed corridors, limits doorstep containers from occupying exit access corridors for single periods exceeding 12 hours. For both types of occupancy corridors, limits waste in a doorstep container to be placed in the exit access corridor for single periods not to exceed 5 hours. Details further criteria regarding compliance with Code provisions related to egress and required written policies and procedures that must be in place and enforced by apartment occupancy management staff. Authorizes enforcement authorities to approve alternative container and storage arrangements that provide the equivalent level of safety as those described. Allows a phase-in period until December 31, 2021, prior to enforcement of the provisions. 

Directs the Council to revise the identified exit obstruction and waste accumulation provisions of the Code consistent with the described directives. Authorizes adoption of temporary implementing rules. 

Enacts Article 81A, Regulation of Valet Trash Companies, to GS Chapter 58, directing the Office of State Fire Marshal of the Department of Insurance (Office) to adopt rules for valet trash services, defined to mean the removal of household waste and recyclable materials after the residents of multifamily residential communities place the waste and materials for collection outside their doors. Requires consultation with persons who own or operate a company engaged in providing valet trash services. Enumerates five components that must be addressed, including the establishment of a registry for persons offering valet trash services that comply with the Article and procedures and submissions required to be listed in the registry. Authorizes the Commissioner of Insurance (Commissioner) to execute cease and desist orders for violations of the Article or its companion rules. Authorizes the Commissioner to access a civil penalty ranging from $100 to $500 per violation of the Article, subject to notice and hearing requirements. Provides parameters for determining the penalty amount. Directs for penalty proceeds to be remitted to the Civil Penalty and Forfeiture Fund. Provides for the penalty to be in addition to payment of other criminal penalties. 

Intro. by Johnson, Craven, Corbin.GS 58
S 466 (2021-2022) REQ SOURCE DISCLOSURE/ONLINE GRASSROOTS LOBBY. Filed Apr 1 2021, AN ACT TO REQUIRE SOURCE DISCLOSURE FOR ONLINE GRASSROOTS LOBBYING.

Enacts GS 120C-306 requiring a lobbyist or lobbyist principal that solicits others directly or indirectly through a third party to comply with all of the following if the solicitation is designed to generate an email from a member of the public to a legislator: (1) the first line of the body of the generated email must disclose the name of the lobbyist principal and (2) the second line of the body of the generated email must disclose the name of the third party, if any, that has been employed by the lobbyist or the lobbyist principal to engage in the solicitation. Requires notifying the public, before any generated email is sent, that a generated email will be sent on that person's behalf to a legislator and that as a result, personal information may be disclosed to the legislator. Defines the phrase "designed to generate an email from a member of the public" to mean an electronic document that invites, encourages, or offers the opportunity for members of the public to sign or otherwise indicate support for the document's contents and that creates and sends a generated email to a legislator that is attributed to the member of the public. Effective October 1, 2021.

Intro. by Johnson, Daniel.GS 120C
S 467 (2021-2022) EARNED WAGE ACCESS SERVICES ACT. Filed Apr 1 2021, AN ACT TO ENACT THE EARNED WAGE ACCESS SERVICES ACT.

Enacts new Article 26, Earned Wage Access Services Act, providing as follows. Requires registration as an earned wage access (EWA) service provider before providing earned wage access services. Sets the registration and renewal fee at $1,000; registration must be renewed every three years. Sets out information that must be included in the application for registration.

Allows a registered EWA service provider to provide earned wage access services through a contract with an obligor or service provider to an obligor if: (1) the EWA service provider verifies the consumer's earned wages based on data relating directly to the consumer's earnings in that pay period; (2) the EWA service provider informs the consumer in writing that the consumer has a right to receive the full amount of the obligor's next payment of wages on the next date on which the obligor is scheduled to pay the consumer if the consumer chooses to not use earned wage access services; and (3) the consumer authorizes in writing that the amount of the payment of earned wages from the EWA service provider is to be deducted from the obligor's next payment of wages to the consumer. Prohibits an obligor from sharing information with an EWA service provider relating to the obligor's accrued and expected obligations to the consumer unless the obligor has entered into a contract for earned wage access services with the EWA service provider and the consumer has given advance consent to sharing the information. Allows an EWA service provider to charge a fee for earned wage access services if they are disclosed in writing to the consumer before the consumer chooses to use the services. Provides that if an EWA service provider complies with this Article, then the EWA service provider's earned wage access services are not lending activity and its payments pursuant to those services are not loans, and any fees for the EWA service provider's earned wage access services are not interest. Allows the Commissioner of Banks (Commissioner) to examine an EWA service provider, with the costs borne by the EWA service provider. Specifies when the reimbursement of these expenses can be waived. Allows the Commissioner to adopt rules to enforce the Article. Sets out actions that may be taken for violations of this Article, after notice and opportunity for hearing, to include (1) revoking, suspending, or refusing to renew an EWA service provider's registration; (2) ordering an EWA service provider to cease and desist from providing earned wage access services; and (3) assessing a civil penalty of not more than $10,000 for each willful violation. Failure to comply with the Article is an unfair or deceptive trade practice.

Effective October 1, 2021.

Intro. by Johnson, Perry.GS 53
S 468 (2021-2022) SCIENTIFIC INTEGRITY ACT. Filed Apr 1 2021, AN ACT TO MAKE SCIENCE-BASED RULEMAKING MORE OPEN, TRANSPARENT, AND AVAILABLE FOR CITIZEN REVIEW.

Adds to the components that an agency's notice of the proposed text of a rule must include under GS 150B-21.2, to include the following, applicable only with respect to rules adopted by an agency authorized to implement and enforce state and federal environmental laws: provide citations for data used as a basis for any part of the rule, including publications, studies, white papers, or reports. Requires cited sources to be made accessible on the respective agency's website. Adds to the requirements regarding public comments on proposed rules, to require the agency to fully consider written or oral comments received during the public comment period that challenge the cited data, contending that the data is inappropriate, inaccurate, or outdated. Applies to rules proposed on or after October 1, 2021. 

Intro. by Lee, Newton, Perry.GS 150B
S 469 (2021-2022) SALES TAX PENALTY WAIVER. Filed Apr 1 2021, AN ACT TO WAIVE PENALTIES ON UNPAID SALES TAX LIABILITY FOR COVID-AFFECTED BUSINESSES THAT HAVE BECOME CURRENT.

Directs the Secretary of Revenue to waive all penalties for unpaid sales taxes as if the Secretary extended the time for filing a return for good cause under Article 5, GS Chapter 105 and had granted additional time within which to file the return and pay the tax due. Restricts the waiver to qualified businesses, defined to mean a business that failed to timely pay sales taxes due between February 1, 2020, and April 1, 2021, certifies that the taxes were not timely paid as a direct result of economic hardship resulting from a governmental response, as defined, to the COVID-19 pandemic, and paid the overdue tax debt in full by May 1, 2021. Directs the Department of Revenue to make an application available for qualifying businesses to seek the described relief which includes any required documentation. Requires qualifying businesses to apply for relief under the act by July 1, 2021. 

Intro. by Lee.UNCODIFIED
S 470 (2021-2022) ABC TECHNICAL AND OTHER CHANGES. (NEW) Filed Apr 1 2021, AN ACT TO MAKE TECHNICAL CHANGES TO S.L. 2021-150, ABC OMNIBUS LEGISLATION, TO MAKE OTHER CHANGES TO THE ALCOHOL LAWS, AND TO MAKE A CORRECTION TO THE NAME OF THE PROPANE TRADE ASSOCIATION.

To be summarized.

Intro. by Johnson, Hise.
S 471 (2021-2022) INCREASE VETERANS ACCESS TO HEALTH CARE. Filed Apr 1 2021, AN ACT TO EXPRESS THE GENERAL ASSEMBLY'S INTENT TO INCREASE VETERANS ACCESS TO HEALTH CARE IN NORTH CAROLINA BY EXPANDING ELIGIBILITY FOR THE MEDICAID PROGRAM TO VETERANS WITH A MODIFIED ADJUSTED GROSS INCOME THAT IS BELOW ONE HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL.

Includes whereas clauses.

States the NCGA's intent to expand Medicaid eligibility to the following population of the State's veterans: (1) veterans with a modified adjusted gross income below 100% of the federal poverty level; (2) veterans who are 19 or older, and under 65; (3) veterans who are not entitled to or enrolled in Medicare benefits under Part A or Part B of Title XVIII of the federal Social Security Act; and (4) veterans who are not otherwise eligible for Medicaid coverage under the North Carolina Medicaid State Plan as it existed on January 1, 2020. Defines a veteran as a State resident who is entitled to any benefits or rights under the laws of the US by serving in and discharging honorably from the US Armed Forces.

States the NCGA's intent that the costs associated with Medicaid expansion to the veteran population described above be paid entirely from the following and without federal assistance: (1) the General Fund; (2) an increase in assessments on hospitals similar to the Hospital Provider Assessment Act; and (3) a tax on prepaid health plan premiums and an assessment on managed care organizations operating in this State.

Intro. by deViere, Crawford, Davis.UNCODIFIED
S 472 (2021-2022) EXPAND OCCUP. CANCER BENEFITS/FIREFIGHTERS. Filed Apr 1 2021, AN ACT EXPANDING THE TYPES OF CANCERS DEEMED OCCUPATIONALLY RELATED TO FIREFIGHTING FOR THE PURPOSE OF DETERMINING WHETHER A FIREFIGHTER IS KILLED IN THE LINE OF DUTY AND A DEATH BENEFIT IS PAYABLE; AND DIRECTING THE INDUSTRIAL COMMISSION TO ESTABLISH A TRUST ACCOUNT FOR FIREFIGHTERS DIAGNOSED WITH AN OCCUPATIONALLY RELATED CANCER TO COVER THE COST OF CANCER-RELATED MEDICAL EXPENSES.

Amends GS 143-166.2 which defines terms as they are used in Article 12A (Public Safety Employees' Death Benefits Act) to also include in the term "killed in the line of duty" when a firefighter's death is a direct or proximate result of cancers of the respiratory system, digestive system, or urinary system (in addition to the already listed mesothelioma and testicular, intestinal, and esophageal cancers) that are occupationally related to firefighting; in such cases, creates a presumption that the firefighter was killed in the line of duty.

Enacts GS 143-166.3A to require the Industrial Commission to establish a $25,000 trust account in the name of any firefighter diagnosed with any cancer listed in GS 143-166.2 who at the time of diagnosis: (1) has been employed as a firefighter for five consecutive years, (2) was not employed within the preceding five years in an unrelated position that is scientifically linked to a higher rate of cancer, and (3) does not have a history of smoking tobacco products. Prohibits using the trust for any purpose other than paying for medical expenses associated with the treatment of the firefighter's occupationally related cancer.

Effective July 1, 2021.

Intro. by Johnson, Perry.GS 143
S 473 (2021-2022) ENHANCE LOCAL GOV'T TRANSPARENCY. Filed Apr 1 2021, AN ACT TO ENHANCE THE INDEPENDENCE OF THE ANNUAL AUDIT OF UNITS OF LOCAL GOVERNMENT PREVIOUSLY THE SUBJECT OF AN AUDIT BY THE STATE AUDITOR, TO REQUIRE GARNISHMENT OF CERTAIN MONIES OWED TO AN ELECTED OFFICIAL OF A UNIT OF LOCAL GOVERNMENT IN CERTAIN INSTANCES, TO PROVIDE IT IS A CRIME FOR AN ELECTED OFFICIAL TO MISUSE THE ELECTED OFFICE FOR PERSONAL FINANCIAL GAIN, AND TO PROVIDE THAT A PUBLIC OFFICER ALSO SERVING ON A NONPROFIT BOARD SHALL NOT ENGAGE IN SELF-DEALING WITH REGARD TO AWARD OF PUBLIC AGENCY CONTRACTS TO THAT NONPROFIT.

Adds to the entities and notices the State Auditor must execute upon publishing an audit report pursuant to GS 147-64.6 to require the Auditor to notify the Local Government Commission upon publishing a report that is the result of an investigation of a unit of local government subject to the Local Government Budget and Fiscal Control Act, Article 3, GS Chapter 159. Makes language gender-neutral.

Amends GS 159-34, which mandates local governments and public authorities to conduct annual audits, to authorize the Local Government Commission (Commission) to select the certified public accountant to conduct the annual audit when the Commission has received notice of a release of an investigative report with respect to that unit of local government or public authority from the State Auditor pursuant to GS 147-64.6, as amended. Permits using this authority for up to three fiscal years following the release of the investigative report. Allows the Commission to instruct the Secretary to issue a request for proposals when selecting a CPA. Requires the CPA to report directly to the Commission and governing board, comply with Commission rules, and be paid by the governing board. Authorizes the Commission to exercise the authority with respect to any unit of local government audited by the State Auditor on or after July 1, 2018.

Amends GS 153A-28, concerning counties, and GS 160A-64.1, concerning cities, to direct county and city finance officers to garnish compensation paid to any chair or other board of commissioners member, or the mayor or city council members, respectively, to collect any unpaid monies due to the county/city for county/city services until such debt is paid in full using the procedure for attachment and garnishment set forth in specified law relating to delinquent taxes. Adds to GS 153A-28, concerning counties, that the provisions of GS 105-368(a) that limits the amount of compensation that can be garnished to no more than 10% for any one pay period inapplicable to the new provision (a similar provision already exists in GS 160A-64, concerning cities); makes language gender neutral. Applies to any compensation paid under these statutes on or after July 1, 2021.

Enacts GS 14-234.2, making it a Class H felony for an elected officer to solicit or receive personal financial gain from the political subdivision for which that elected officer serves by means of intimidation, undue influence, or misuse of employees of that political subdivision. Excludes financial gain received for acting in the elected official's official capacity, or received with the approval of the respective governing board. Applies to offenses committed on or after December 1, 2021.

Revises the definitions and parameters applicable to GS 14-234, which bars public officers and employees from benefiting from public contracts, as follows. Expands what constitutes a public officer or employee deriving a direct benefit from a contract to include that the person (either the public officer or employee, or his or her spouse) is a director, officer, or governing board member of a nonprofit entity that is organized or operating in the State primarily for religious, charitable, scientific, literary, public health and safety, or educational purposes and which is seeking a contract, excluding entities created by the State or any of its political subdivisions. Adds and defines contract to mean the award of money from the public agency in the form of a grant, loan, or other appropriation. Applies to offenses committed on or after December 1, 2021. 

Intro. by Barnes, Sanderson, Edwards.GS 14, GS 147, GS 153A, GS 159, GS 160A
S 474 (2021-2022) SEPTAGE MANAGEMENT AMENDMENTS. Filed Apr 1 2021, AN ACT TO MAKE CERTAIN AMENDMENTS TO THE SEPTAGE MANAGEMENT PROGRAM WITHIN THE DEPARTMENT OF ENVIRONMENTAL QUALITY'S DIVISION OF WASTE MANAGEMENT.

Regarding the permitting required for septage management firms to commence or continue operation pursuant to GS 130A-291.1, adds a new provision requiring the Department of Environmental Quality to either grant or deny the permit within 90 days of application. Requires DEQ to notify the septage management firm the basis for denial and give the firm an opportunity to correct the basis for denial. Further amends the statute to explicitly authorize septage management firm permits and septage land application site permits to be amended to reflect changes in ownership or corporate structure upon notification to DEQ. Expands site inspection authority to include properly qualified persons approved by DEQ. Excludes from the biennial inspection of pump trucks used for septage management and DEQ listing requirements vehicles and equipment used on site that are not integral to compliance with the nutrient management plan. Makes pumper truck requirements applicable to other vehicles used in containment and consolidation of septage operated by the septage storage management firm. Adds inspection and vehicle regulation requirements for pumper trucks and other vehicles used in containment and consolidation of septage; bars regulation as septic detention facilities. Requires tanker vehicles used by a permitted septage management firm to meet all federal and state highway laws. Allows septage vehicles that are listed on the approved septage management firm's permit to remain loaded or partially loaded for up to seven days. Requires vehicles used in the transportation, containment, consolidation, or treatment of septage to be located on the premises of the septage management firm or on the property of another party by legal agreement of the septage management firm and the property owner. 

Eliminates the requirement for DEQ to establish education committees to develop and approve a training curriculum for septage operators under GS 130A-291.3. Revises the training required for septage operators to now require attending a training course of at least three hours in the first year of licensure. Provides for mandatory waiver of instruction requirements for septage operators applying for subsequent permit renewals so long as the operator continues to satisfy other requirements of the rules adopted by the Environmental Review Commission. Adds a new requirement for DEQ to notify all septage management firm operators of changes to rules within 30 days of adoption, and to post all septage management program rules to its website. Makes conforming changes. 

Directs the Environmental Review Commission to implement the Septage Land Application Site Renewal Rule (15A NCAC 13B .0832) to provide for subsequent permit renewals for septage land application sites to be valid for 10 years. Directs the Environmental Review Commission to adopt a rule to amend the identified rule consistent with the described directive. Applies to septage land application site permit renewals issued on or after May 1, 2021.

Intro. by McInnis, Steinburg, Britt.GS 130A
S 475 (2021-2022) TRANSPARENCY IN EVIDENCE STANDARDS. Filed Apr 1 2021, AN ACT AMENDING RULE 411 OF THE NORTH CAROLINA RULES OF EVIDENCE CONCERNING THE INTERPRETATION OF WHAT CONSTITUTES "INSURANCE" UNDER THE COLLATERAL SOURCE RULE.

Amends Rule 411 of the NC Rules of Evidence, GS 8C-1, regarding the inadmissibility of evidence that a person was or was not insured against liability on the issue of whether the person acted negligently or otherwise wrongfully. Specifies that the rule does not require the exclusion of evidence of insurance coverage limits when offered for another purpose, such as proof of agency, ownership, or control, or bias or prejudice of a witness. Adds that the term insurance bars parties from introducing evidence of any payments made by insurance under the collateral source rule. Excludes barring evidence of health insurance, disability insurance, or other forms of benefits that can be characterized as insurance. Applies to proceedings pending on or after October 1, 2021. 

Intro. by Britt, Perry, Galey.GS 8C
S 476 (2021-2022) PROTECTING PROPERLY INSURED INDIVIDUALS. Filed Apr 1 2021, AN ACT AMENDING RULE 414 OF THE NORTH CAROLINA RULES OF EVIDENCE AND RELATED STATUTES REGARDING THE VALIDITY OF CERTAIN LIENS FOR MEDICAL CHARGES IN CIVIL ACTIONS.

Regarding testimony by an injured party in a civil proceeding regarding evidence as to medical charges paid or required to be paid in full satisfaction of the charges under GS 8-58.1, eliminates the rebuttable presumption established by such a testimony as to the reasonableness of the amount paid or required to be paid in full satisfaction of the charges. Instead, enacts the following. Requires that, if the injured party has health insurance that will, if filed by a particular provider, result in a reduction in the charge due to a contractual adjustment being taken by the provider, and such insurance is filed and no lien as set forth in GS 44-49 or GS 44-50 has been asserted (governing liens on recovery for personal injuries to secure sums due for medical attention), then the evidence as to the amount of the bill must be the amount paid by all sources and all amounts remaining to be paid. Requires that, if a lien under GS 44-49 or GS 44-50 has been asserted, and the injured party has no health insurance or no insurance has been filed, the evidence amount of the charge to be introduced in an action tried in NC courts must be the amount of the claimed lien. Requires that, if the injured party is covered by Medicare or Medicaid, and such benefit service provider chooses to pay the claim, the evidence of the amount of the charges must be the amount actually paid by the benefit provider and, if any, the amount paid by or on behalf of the injured party from any source and any amount left unpaid. Provides that these provisions do not change, modify, or alter the provisions of GS 44-50.

Amends the provisions providing criteria for the invalidity of a lien under GS 44-59, which governs liens on recovery for personal injuries to secure sums due for medical attention. Provides for invalidity if (1) the person entitled to the lien does not furnish (was, furnishes), without charge to the attorney as a condition precedent to the creation of the lien, upon request to the attorney representing the person in whose behalf the claim for personal injury is made, an itemized statement, hospital record, or medical report for the use of the attorney in negotiation, settlement, or trial of the claim arising by reason of the personal injury, and written notice to the attorney of the lien claimed or (2) the health care provider does not timely submit a claim to an injured party's health insurer or health plan within the allotted time requirements of the health insurer, health plan, or health program. Makes technical changes.

Adds to the general business practices that constitute unfair claim settlement practices under GS 58-63-15, thus included as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance: (1) attempting to calculate the amount of a health care provider charge by any method other than that set forth in GS 8-58.1, as amended, and (2) attempting to calculate the amount of a medical provider charge for a purpose other than an action tried in NC courts, with the exception of arbitrations or other matters where the Rules of Evidence do not apply, by any method other than that set forth in GS 8-58.1, as amended. 

Intro. by Britt, Perry, Galey.GS 8, GS 44, GS 58
S 477 (2021-2022) VICTIMS' FAIR TREATMENT ACT. Filed Apr 1 2021, AN ACT TO ENACT THE VICTIMS' FAIR TREATMENT ACT.

To be summarized.

Intro. by Britt, Perry, Galey.
S 478 (2021-2022) 2021 BUILDING CODE AND DEV. REG. REFORM. Filed Apr 1 2021, AN ACT TO PROVIDE VARIOUS BUILDING CODE AND DEVELOPMENT REGULATORY REFORMS.

To be summarized.

Intro. by Jarvis, McInnis, Woodard.
S 479 (2021-2022) 2% COLA FOR STATE RETIREES. Filed Apr 1 2021, AN ACT PROVIDING A COST-OF-LIVING ADJUSTMENT FOR RETIREES OF THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, THE CONSOLIDATED JUDICIAL RETIREMENT SYSTEM, AND THE LEGISLATIVE RETIREMENT SYSTEM; AND APPROPRIATING FUNDS TO ENACT THESE COST-OF-LIVING ADJUSTMENTS FOR STATE RETIREES.

Substantively identical to H 269, filed 3/10/21.

Amends GS 135-5 (concerning the Teachers' and State Employees' Retirement System), GS 135-65 (concerning the Consolidated Judicial Retirement System), and GS 120-4.22A (concerning the Legislative Retirement System), to provide, from and after July 1, 2021, a 2% increase in the retirement allowance to or on account of beneficiaries whose retirement commenced on or before July 1, 2020, or a prorated amount for those whose retirement commenced after July 1, 2020, but before June 30, 2021, as determined by the respective Board of Trustees.

Appropriates $96 million from the General Fund to the Reserve for Retiree Cost-of-Living Adjustments for each of the 2021-22 and 2022-23 fiscal years to implement the act. 

Effective July 1, 2021.

Intro. by Woodard, Waddell.APPROP, GS 135
S 480 (2021-2022) EXPAND VICTIM SERVICES. Filed Apr 1 2021, AN ACT TO MAKE VARIOUS MODIFICATIONS TO THE GENERAL STATUTES TO EXPAND PROTECTIONS FOR VICTIMS OF CERTAIN CRIMES.

To be summarized.

Intro. by Britt, Galey, Batch.
S 481 (2021-2022) EMERGENCY MANAGEMENT REFORM ACT. Filed Apr 1 2021, AN ACT TO MAKE VARIOUS CHANGES TO THE EMERGENCY MANAGEMENT ACT.

Amends the terms and definitions in GS 166A-19.3, which are applicable to Article 1A, North Carolina Emergency Management Act. Amends the term emergency so that it is an occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property requiring an immediate response as a result of (was, resulting from) any natural or man-made accidental, military, paramilitary, terrorism, weather-related, public health, explosion-related, riot-related, cause, or technological failure or accident. Adds that no matter how imminent or severe it may be, an ongoing threat persisting for more than six months is not an emergency and should be address through legislation. Adds and defines the term statewide emergency area as any emergency area applicable to two-thirds or more of the state's counties.

Amends GS 166A-10.20 by amending the expiration of states of emergency declared by the Governor or NCGA so that when the emergency area is not statewide, the state of emergency expires when it is rescinded by the authority issuing it, and when the area is a statewide emergency area, the state of emergency expires 30 calendar days after issuance, unless extended by enactment of a general law.

Amends GS 166A-19.22 to set states of emergency declared by a municipality or county to expire 30 calendar days after issuance, or when it is terminated by the issuing body. Allows a governing body that declared the state of emergency to petition the NCGA for an extension.

Repeals GS 166A-19.23, which specified that a declaration issued pursuant to Article 1A triggers the prohibitions against excessive pricing during states of disaster, states of emergency, or abnormal market disruptions pursuant to G.S. 75-37 and G.S. 75-38..

Amends GS 166A-19.30, which gives the Governor the power to impose prohibitions and restrictions in the emergency area during a gubernatorially or legislatively declared state of emergency, when the Governor has determined that local control of the emergency is insufficient to assure adequate protection for lives and property for the specified reasons, as follows. Now requires concurrence of the Council of State. Amends the instances under which the Governor can exercise this power to: (1) include when the legal control measures of the jurisdictions conflict or are uncoordinated to the extent that efforts to protect life and property are or will be hampered (no longer specifies that the area in which the emergency exists has spread across local jurisdictional boundaries) and (2) remove the reason of the scale of the emergency being so great that it exceeds the capability of the local authorities to cope with it. Adds that the powers under this statute supplement the Governor's emergency powers only to the extent necessary to allow the Governor to assume powers otherwise delegated to specific local authorities within the areas of the local authorities' jurisdiction. Provides that this does not give the Governor any additional power to impose prohibitions and restrictions through an executive order declaring a state of emergency that contains a statewide emergency area beyond the powers described in the statute, and that Council of State concurrence is still required before the Governor may issue statewide prohibitions and restrictions.

Enacts new GS 166A-19.80 requiring all orders that bind, curtail, or infringe the constitutional rights of private parties to be narrowly tailored to serve a compelling public health or safety purpose. Requires the orders to be limited in duration, applicability, and scope. Defines constitutional rights as including: freedom of movement, the right to work and enjoy the fruits of one's labor, the right to vote in free and open elections, the right of assembly, the right to petition, religious liberty, freedom of speech and press, property rights, due process, equal protection, the right to have a jury trial, the right to keep and bear arms, all rights enumerated in Article I of the North Carolina Constitution, and all rights protected by the US Constitution against infringement by state government. Sets the process for challenging validity or application of an executive order issued by the Governor. Provides that to the extent that GS Chapter 166A or other State law grants the power to issue an executive order declaring a state of emergency that contains a statewide emergency area, only the Governor may issue orders that bind, curtail, or infringe constitutional rights in a nontrivial manner and such orders require concurrence of the Council of State.

Amends GS 1-267.1 to require any challenge to the validity of or application of an executive order issued by the Governor to be filed in the Superior Court of Wake County and be heard and determined by a three-judge panel.

Effective October 1, 2021.

Intro. by Sanderson.GS 1, GS 166A
S 482 (2021-2022) SITE DEVELOPMENT REVOLVING ASSISTANCE FUND. Filed Apr 1 2021, AN ACT TO CREATE A SITE DEVELOPMENT REVOLVING ASSISTANCE FUND.

To be summarized.

Intro. by Newton, Craven.
S 483 (2021-2022) MARIJUANA/DIVERSION COURT/CLASS 3 MISD. STUDY. Filed Apr 1 2021, AN ACT TO RECLASSIFY MISDEMEANOR POSSESSION OF MARIJUANA OR HASHISH OFFENSES AS INFRACTIONS, TO ALLOW THE EXPUNCTION OF CLASS 3 MISDEMEANOR POSSESSION OF MARIJUANA OR HASHISH OFFENSES, TO STUDY RECLASSIFYING CERTAIN CLASS 3 MISDEMEANOR OFFENSES AS INFRACTIONS, AND TO PROVIDE FUNDING FOR DRUG TREATMENT COURT PROGRAMS AND MENTAL HEALTH COURT PROGRAMS.

Part I.

Amends GS 90-95(d)(4) making possession of a controlled substance classified in Schedule VI (marijuana and tetrahydrocannabinols) an infraction, rather than a Class 3 or Class 1 misdemeanor based on quantity. Maintains that if the quantity possessed exceeds one and one-half ounces of marijuana or three-twentieths of an ounce of hashish, or any quantity of synthetic tetrahydrocannabinols or tetrahydrocannabinols isolated from the resin of marijuana, the offense is punishable as a Class I felony. 

Enacts GS 15A-145.8B to establish automatic expunction for misdemeanor possession of marijuana or hashish convictions by December 1, 2023. Directs the clerk of superior court to determine which cases meet the criteria for expunction, order expungement for each case finalized in his or her court, and forward the petition to the Administrative Office of the Courts (AOC). Provides for the effect of the expungement regarding liability for failure to acknowledge any expunged entries concerning apprehension, charge, or trial. Additionally requires the court to order the conviction order expunged to be expunged from the records of the court and direct law enforcement agencies bearing record of the same. Requires the clerk to notify State and local agencies of the court's order pursuant to state law, excluding DNA records and samples stored as specified. Provides for expungement of related records from any other State or local government agency, and reversal of any administrative action taken against a person whose record is expunged as a result of the charges or convictions expunged.

Effective December 1, 2021.

Part II.

Directs UNC-Chapel Hill School of Government (SOG) to study (1) which Class 3 misdemeanor offenses have a low impact on public safety, (2) whether the offenses should be reclassified as infractions, and (3) whether low-level traffic offenses should be moved to the Administrative Code and enforced as civil violations by the Division of Motor Vehicles or the Department of Public Safety. Requires consultation with the NC Sentencing and Policy Advisory Commission. Requires SOG to report to the specified NCGA committee by March 7, 2022. 

Part III.

Appropriate $4.2 million in recurring funds from the General Fund for each fiscal year of 2021-23 to AOC to be used to support the NC Drug Treatment Court Program in creating and sustaining local drug treatment court programs.

Appropriates $4.2 million in recurring funds from the General Fund for each fiscal year of 2021-23 to AOC to be used to facilitate the creation and funding of new and existing mental health court programs to recommend mental health treatment plans for individuals served by the programs and monitor the progress of the individuals receiving treatment while remining in the program.

Effective July 1, 2021. 

Intro. by Mohammed, Murdock, Woodard.APPROP, STUDY, GS 15A, GS 90
S 484 (2021-2022) SCHOOL-BASED COMPLAINT/SROS. Filed Apr 1 2021, AN ACT TO DEFINE THE TERM "SCHOOL RESOURCE OFFICER" AND REQUIRE TRAINING FOR SCHOOL RESOURCE OFFICERS AND TO REQUIRE A SCHOOL ADMINISTRATOR OR SCHOOL SOCIAL WORKER TO SIGN A SCHOOL-BASED COMPLAINT INITIATED BY A SCHOOL RESOURCE OFFICER PRIOR TO BEING FILED IN JUVENILE COURT.

Enacts new GS 115C-105.70 to define a school resources officer as a law enforcement officer assigned to one or more public schools within a public school unit for at least 20 hours per week for more than 12 weeks per calendar year to assist with the five stated issues, including school safety and security, consistent with any written memorandum of understanding between the school and the law enforcement agency governing the officer. Requires compliance, within one year of being assigned as a school resource officer, with initial training standards that are to be developed by the specified entities; also requires continuing education to be developed by those same entities. Requires training on at least mental health, students with disabilities, racial equity, and crisis intervention and de-escalation. Applies to school resource officers assigned on or after January 1, 2022. Requires those assigned before that date to complete training by December 31, 2022.

Makes conforming changes to GS 17C-6 and 17E-4 directing the North Carolina Criminal Justice Education and Training Standards Commission and the North Carolina Sheriffs' Education and Training Standards Commission to establish the training standards. Requires the initial standards to be established by January 15, 2022. 

Enacts new GS 7B-1802A to require a school-based complaint in which delinquency is alleged to have occurred that is initiated by a school resource officer to be signed by a school administrator or school social worker before it is referred to a juvenile court counselor or filed in court. Defines a school-based complaint to mean a complaint in which delinquency is alleged to have occurred on school grounds, school property, at a school bus stop, or at an off-campus school-sanctioned event, or whose victim is identified as a school. Effective January 1, 2022, and applies to school-based complaints initiated on or after that date by school resource officers.

Intro. by Mohammed, Batch.GS 7B, GS 17C, GS 17E, GS 115C
S 485 (2021-2022) FUND DRUG TREATMENT/MENTAL HEALTH COURTS. Filed Apr 1 2021, AN ACT TO CREATE AND SUPPORT LOCAL DRUG TREATMENT COURT PROGRAMS AND MENTAL HEALTH COURT PROGRAMS AND TO APPROPRIATE FUNDS.

Appropriates $4.2 million in recurring funds for each year of the 2021-23 biennium from the General Fund to the Administrative Office of the Courts to support the work of the North Carolina Drug Treatment Court Program in creating and sustaining drug treatment court programs.

Appropriates $4.2 million in recurring funds for each year of the 2021-23 biennium from the General Fund to the Administrative Office of the Courts for the creation and funding of new and existing mental health court programs serving those with a mental health diagnosis or treatment history who are defendants in the criminal justice system. Requires the courts to recommend mental health treatment plans for individuals served by the programs and monitor their progress.

Effective July 1, 2021.

Intro. by Mohammed, Foushee, Robinson.APPROP
S 486 (2021-2022) REFORM COURTS AND JAILS. Filed Apr 1 2021, AN ACT TO PROMOTE CRIMINAL JUSTICE REFORM IN NORTH CAROLINA.

To be summarized.

Intro. by Mohammed, Fitch, Batch.
S 487 (2021-2022) EXPAND CJ FELLOWS/LEO IN-SERVICE TRAINING. Filed Apr 1 2021, AN ACT TO MAKE ALL COUNTIES ELIGIBLE TO PARTICIPATE IN THE CRIMINAL JUSTICE FELLOWS PROGRAM, TO EXEMPT FROM RULEMAKING THE ESTABLISHMENT OF MINIMUM STANDARDS FOR IN-SERVICE TRAINING OF CRIMINAL JUSTICE OFFICERS, AND TO APPROPRIATE FUNDS.

Amends GS 17C-20 to open up eligibility for the Criminal Justice Fellows Program (Program) to all counties (was, tier one counties with a population of less than 125,000).

Appropriates $663,579 in recurring funds for 2021-22 from the General Fund to the Department of Justice to be allocated to the Program for continued recruitment of qualified in-state high school seniors or unemployed/underemployed graduates and to provide them with a forgivable community college loan. Effective July 1, 2021.

Amends GS 150B-1 to exempt from rule-making: (1) the Criminal Justice Education and Training Standards Commission with respect to establishing minimum standards for in-service training for criminal justice officers and (2) the Sheriffs' Education and Training Standards Commission with respect to establishing minimum standards for in-service training for justice officers.

Intro. by Mohammed, Garrett, deViere.APPROP, GS 17C, GS 150B
S 488 (2021-2022) CONSUMER PROTECTION- INVOICE ADVERTISEMENTS. Filed Apr 1 2021, AN ACT TO ELIMINATE THE USE OF DISCLAIMERS ON SIMULATED CHECKS OR INVOICES.

Amends GS 75-35, which prohibits a person engaged in commerce from issuing any writing that simulates or resembles a negotiable instrument or an invoice. Adds that including a disclaimer on the writing is not a defense to a violation of the statute. Effective October 1, 2021.

Intro. by Rabon, Ford, Alexander.GS 75
S 489 (2021-2022) CREDIT UNION FEES AND LATE PENALTY. Filed Apr 1 2021, AN ACT TO MODERNIZE THE LAWS APPLICABLE TO CREDIT UNIONS BY MODIFYING FEES PAID BY A NEW CREDIT UNION AND THE LATE PENALTY FOR A CREDIT UNION'S FAILURE TO MAKE A REPORT OF CONDITION.

Identical to H 439, filed 3/29/21.

Amends GS 54-109.14 to establish a $250 charter fee and a $2,500 investigation fee for new credit unions established. Makes clarifying and technical changes to the statute.

Changes the penalties for delayed reporting by credit unions under GS 54-109.15. More specifically calls for late penalties to be paid when credit unions fail to make timely semiannual reports or other reports required by the Administrator (rather than failure to make the reports in general). Now directs the Administrator of Credit Unions to annually determine a schedule for the late penalty to be assessed during the next calendar year on or before December 1, with per-day penalties beginning at no less that $75 and not exceeding $750 (was fixed at $75 per-day). 

Effective October 1, 2021. 

Intro. by Johnson, Sawyer, Woodard.GS 54
S 490 (2021-2022) LICENSE TO WORK. Filed Apr 1 2021, AN ACT TO REVISE CERTAIN LICENSE REVOCATION LAWS TO ENABLE ACCESS TO EMPLOYMENT.

Enacts GS 20-24.1(g) to require the Division of Motor Vehicles (Division) to restore a license 12 months after the effective date of revocation pursuant to subsection (a) for either failing to appear at trial or a hearing or to pay court-ordered fines, penalties or other court costs for motor vehicle offenses, if the person furnishes satisfactory proof of motor vehicle liability insurance that complies with state law and is written for a term of at least 12 months; excludes revocation orders entered resulting from a charge of impaired driving. Repeals existing subsection (f), which permits application to a court for a limited driving privilege valid for up to one year for licenses revoked due to failure to pay court-ordered fines, penalties, or other court costs for motor vehicle offenses. Makes conforming and clarifying changes. Makes language gender neutral.

Adds to GS 20-7 to authorize the Division to waive license restoration fees and other service fees if the Commissioner of Motor Vehicles finds that the license holder has shown good cause for not being able to pay the fine. 

Revises the additional period of revocation mandated under GS 20-28.1 after conviction of any motor vehicle moving offense committed while the person's driving privilege was suspended or revoked. Now provides for no additional period of revocation for a first offense under the statute, an addition period of revocation of one year for a second offense under the statute, and an additional revocation period of two years for a third and subsequent offense under the statute, unless the offense was committed while the driving privilege was revoked or suspended for impaired driving, then the revocation is permanent (current law provides for one year revocation for the first offense, two years for the second offense, and permanent revocation for a third or subsequent offense). Adds that a person that applies for a license following revocation under the statute must furnish satisfactory proof of motor vehicle liability insurance that complies with state law and is written for a term of at least 12 months. Applies to offenses committed on or after December 1, 2021. 

Intro. by Hise, Britt, Mohammed.GS 20
S 491 (2021-2022) CREATE AN ADDITIONAL 5-TIER SYSTEM. Filed Apr 1 2021, AN ACT TO DESIGN A FIVE-TIER ECONOMIC DISTRESS SYSTEM THAT MAY BE USED IN ADDITION TO THE CURRENT DEVELOPMENT TIER SYSTEM.

Amends GS 143B-437.08 by establishing five enterprise tiers, in addition in development tiers, in which an enterprise tier one area is a county whose annual ranking is one of the 20 highest in the State; an enterprise tier two area is a county whose annual ranking is between 21 and 40 in the State; an enterprise tier three area is a county whose annual ranking is between 41 and 60 in the State; an enterprise tier four area is a county whose annual ranking is between 61 and 80 in the State; and an enterprise tier five area is a county that is not in a lower-numbered enterprise tier. Requires the Secretary of Commerce to identify all of the areas of the state by development tier and enterprise tier. 

Intro. by Edwards, Johnson.GS 143B
S 492 (2021-2022) ESTABLISH NC TEXTILE MUSEUM. Filed Apr 1 2021, AN ACT TO CREATE THE NORTH CAROLINA TEXTILE MUSEUM AND TO APPROPRIATE FUNDS FOR THE SAME.

Includes whereas clauses. Establishes the NC Textile Museum to fulfill three purposes: to preserve the State's textile industrial heritage and mill village culture; to demonstrate the science, engineering, and technology involved in the industry; and to present it to a wide public audience in an interesting and entertaining way. Adopts the recommendations of the Textile Museum Feasibility Study and directs the Department of Natural and Cultural Resources to work with Randolph Heritage Conservancy, Inc. (Conservancy) to develop and implement a comprehensive plan for the museum and a plan to transfer assets and responsibilities to the State. Appropriates $500,000 from the General Fund to the Conservancy for each year of the 2021-23 biennium to implement the comprehensive plan for the museum under DNCR supervision. Effective July 1, 2021. 

Intro. by Craven.APPROP, Randolph
S 493 (2021-2022) JDIG MODIFICATION AND OTHER CHANGES. (NEW) Filed Apr 1 2021, AN ACT TO MODIFY MULTILOCATION PROJECT ENHANCEMENT FOR THE JOB DEVELOPMENT INVESTMENT GRANT PROGRAM; AND TO REPEAL A PROVISION CONCERNING CONFESSION OF JUDGMENT.

To be summarized.

Intro. by Newton, Craven.
S 494 (2021-2022) SBIR/STTR INCENTIVE MODIFICATIONS. Filed Apr 1 2021, AN ACT TO MODIFY AND ENHANCE THE ONE NORTH CAROLINA SMALL BUSINESS PROGRAM.

To be summarized.

Intro. by Newton, Salvador, Woodard.
S 495 (2021-2022) CCRC SALES TAX MODIFICATIONS. Filed Apr 1 2021, AN ACT TO MODIFY FOOD SALES TAX FOR CONTINUING CARE RETIREMENT COMMUNITIES.

To be summarized.

Intro. by Edwards, Newton.
S 496 (2021-2022) DOI OMNIBUS BILL. (NEW) Filed Apr 1 2021, AN ACT TO AMEND AND TO MAKE CLARIFYING CHANGES TO VARIOUS INSURANCE LAWS, AS RECOMMENDED BY THE DEPARTMENT OF INSURANCE, TO AMEND LAWS RELATED TO BROKER AND INSURANCE PRODUCER LICENSES, TO ALLOW SELF-INSURANCE TO SERVE AS PROOF OF FINANCIAL RESPONSIBILITY, TO PROHIBIT DISCLOSURE OF REPLACEMENT COST ESTIMATORS, TO REQUIRE CERTAIN APPOINTMENTS TO THE NORTH CAROLINA REINSURANCE FACILITY'S BOARD OF GOVERNORS, TO AMEND A REPORTING DATE FOR MEMBERS OF THE NORTH CAROLINA INSURANCE UNDERWRITING ASSOCIATION, TO EXEMPT CERTAIN EMPLOYMENT CONTRACTS ENTERED INTO BY THE DEPARTMENT OF INSURANCE, TO AMEND INNOVATION WAIVER EXEMPTIONS, TO REVISE INSURANCE REQUIREMENTS FOR TRANSPORTATION NETWORK COMPANIES, TO AUTHORIZE FUNDING BY THE NORTH CAROLINA GLOBAL TRANSPARK AUTHORITY, TO AMEND THE DUE DATE FOR HOME INSPECTION REPORTS, TO SHORTEN THE TIME FRAME TO RETAKE THE HOME INSPECTOR EXAMINATION, AND TO AMEND MINIMUM INSULATION REQUIREMENTS.

To be summarized.

Intro. by Johnson, Edwards, McInnis.
S 497 (2021-2022) STOP SOCIAL MEDIA CENSORSHIP ACT. Filed Apr 1 2021, AN ACT TO ENACT THE STOP SOCIAL MEDIA CENSORSHIP ACT TO PROHIBIT CERTAIN SOCIAL MEDIA WEBSITES FROM CENSORING CERTAIN POLITICAL OR RELIGIOUS SPEECH.

To be summarized.

Intro. by Alexander, Corbin, Johnson.
S 498 (2021-2022) GAMING MACHINE ENFORCEMENT ACT. Filed Apr 1 2021, AN ACT TO DIRECT THE LOTTERY COMMISSION TO REGULATE THE PLACEMENT AND OPERATION OF VIDEO GAME TERMINALS IN THIS STATE.

To be summarized.

Intro. by Johnson.
S 499 (2021-2022) PROMOTE HISTORICAL SITES THROUGHOUT NC ACT. Filed Apr 1 2021, AN ACT TO PROMOTE HISTORICAL SITES AND HISTORICAL PRESERVATION THROUGHOUT THE STATE.

To be summarized.

Intro. by Corbin.
S 500 (2021-2022) FUNDS/AIRBORNE & SPECIAL OPERATIONS MUSEUM. Filed Apr 1 2021, AN ACT TO APPROPRIATE FUNDS FOR THE UNITED STATES ARMY AIRBORNE AND SPECIAL OPERATIONS MUSEUM.

Includes whereas clauses. 

Appropriates $2.5 million in nonrecurring funds for 2021-22 from the General Fund to the Airborne and Special Operations Museum Foundation to make necessary updates and additions to the US Army Airborne & Special Operations Museum to honor Airborne Special Forces troops. Effective July 1, 2021.

Intro. by deViere, Clark.APPROP, Cumberland
S 501 (2021-2022) CREATE DEPART. OF ADULT CORRECTION. Filed Apr 1 2021, AN ACT TO CREATE THE DEPARTMENT OF ADULT CORRECTION, TO CREATE THE DIVISION OF JUVENILE JUSTICE AND THE DIVISION OF COMMUNITY CORRECTIONS IN THE DEPARTMENT OF PUBLIC SAFETY, TO MAKE OTHER TECHNICAL AND CONFORMING CHANGES, AND TO APPROPRIATE FUNDS.

To be summarized.

Intro. by Daniel, Britt, Steinburg.

The Daily Bulletin: 2021-04-01

LOCAL/HOUSE BILLS
H 484 (2021-2022) NEW BERN FEES IN LIEU. Filed Apr 1 2021, AN ACT TO AMEND THE CHARTER OF THE CITY OF NEW BERN TO AUTHORIZE THE CITY OF NEW BERN TO ACCEPT PAYMENTS IN LIEU OF REQUIRED SIDEWALK CONSTRUCTION.

Amends New Bern's City Charter, SL 2016-41, by adding that the City's development regulations may require the construction of sidewalks as part of a development project. Also allows the regulations to allow the developer to pay the City instead of constructing the sidewalk; payment must be in the amount of cost of the sidewalk construction, to be placed in a designated fund for sidewalk construction throughout the City. Requires that the City, not the developer, determine whether the developer constructs the sidewalk or pays construction costs in lieu of construction. 

Intro. by Tyson.Craven

The Daily Bulletin: 2021-04-01

ACTIONS ON BILLS

Actions on Bills: 2021-04-01

PUBLIC BILLS

H 2: BOTTLENOSE DOLPHIN AS STATE MARINE MAMMAL.

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

H 11: REGULATE ALCOHOL CONSUMABLES.

    House: Passed 3rd Reading

H 18: LOCAL SCHOOL ADMIN. UNIT CASH MANAGEMENT.

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

H 20: 1998 CLEAN WATER BOND ADD'L CONNECTIONS.

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

H 32: EQUITY IN OPPORTUNITY ACT.

    House: Reptd Fav Com Sub 2
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 46: SHRA/STRONGER WHISTLEBLOWER PROTECTION.

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

H 53: EDUC. CHANGES FOR MILITARY-CONNECTED STUDENTS.

    House: Ratified

H 73: TEMPORARILY WAIVE ABC PERMIT RENEWAL FEES. (NEW)

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

H 82: SUMMER LEARNING CHOICE FOR NC FAMILIES.

    Senate: Reptd Fav
    Senate: Re-ref Com On Rules and Operations of the Senate
    Senate: Reptd Fav
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Special Message Sent To House
    House: Special Message Received From Senate
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Concurred In S Com Sub
    House: Ordered Enrolled
    House: Ratified
    House: Pres. To Gov. 4/1/2021

H 83: REV. LAWS TECH., CLARIFYING, & ADMIN. CHANGES. (NEW)

    House: Reptd Fav Com Sub 2
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav Com Sub 2
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 121: CLARIFY EQIP FUNDING/DREDGING COST-SHARE. (NEW)

    Senate: Withdrawn From Com
    Senate: Re-ref to Agriculture, Energy, and Environment. If fav, re-ref to Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Agriculture, Energy, and Environment. If fav, re-ref to Rules and Operations of the Senate

H 142: UNC BUILDING RESERVES/CERTAIN PROJECTS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 156: UNCLAIMED PROP. DIV. AMEND./DMV TECH CHNGS-AB. (NEW)

    Senate: Reptd Fav
    Senate: Re-ref Com On Transportation

H 159: EDUCATION LAW CHANGES. (NEW)

    House: Amend Adopted A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed

H 220: CHOICE OF ENERGY/ADD'L PROVISIONS. (NEW)

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

H 243: BUDGET TECHNICAL CORRECTIONS (NEW).

    Senate: Withdrawn From Com
    Senate: Re-ref to Education/Higher Education. If fav, re-ref to Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Education/Higher Education. If fav, re-ref to Rules and Operations of the Senate

H 257: JOINT MUNICIPAL POWER AGENCIES/INVESTMENTS.

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

H 264: EMERGENCY POWERS ACCOUNTABILITY ACT.

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

H 273: MODIFY BUILDERS INVENTORY TAX EXCLUSION.

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

H 289: DIT/BROADBAND MAPPING -- FUNDS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 296: EV CHARGING STATION/PARKING.

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

H 312: QUALIFICATIONS FOR SHERIFF/EXPUNCTION.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 335: TIMELY LOCAL PAYMENTS TO CHARTER SCHOOLS.

    House: Amend Adopted A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed

H 351: CLIFFORD'S LAW. (NEW)

    House: Amend Adopted A1
    House: Passed 3rd Reading
    House: Ordered Engrossed
    House: Amend Adopted A1
    House: Passed 3rd Reading
    House: Ordered Engrossed

H 461: STATE AUDITOR CLARIFYING AMENDMENTS.

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

H 462: FUNDS/OIC GIVE MOBILE VACCINATIONS.

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

H 463: 250TH ANNIV. AM.REV/PRESERVE HIST. PROPERTIES.

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

H 464: HOME EDUCATION TAX CREDIT.

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

H 465: HOME OF THE VENUS FLYTRAP SPECIAL REG. PLATE.

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

H 466: ELECTRIC VEHICLE SPECIAL REGISTRATION PLATE.

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

H 467: ALLOW FLEXIBLE SMOKING POLICIES/ECU.

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

H 468: ESTABLISH SURGICAL TECHNOLOGY STANDARDS.

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

H 469: CONFIRM WANDA TAYLOR/INDUSTRIAL COMMISSION.

    House: Passed 1st Reading
    House: Cal Pursuant 32
    House: Added to Calendar
    House: Amend Adopted A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed
    House: Special Message Sent To Senate
    Senate: Special Message Received From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 470: MEDICAID EXPANSION.

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

H 471: TRYON PALACE COMMISSION MODIFICATIONS.

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

H 472: DEPREDATION PERMIT REPORTING.

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

H 473: REVISE LAWS/SAFE SURRENDER/INFANTS.

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

H 474: DRIVE TO EXCELLENCE IN TEACHING.

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

H 475: RESTORE MASTER'S PAY FOR TEACHERS & ISP.

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

H 476: JUDGES IN STANLY/MONTGOMERY COUNTIES. (NEW)

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

H 477: TEMPORARY EVENT VENUES.

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

H 478: FUNDS FOR ROBESON COUNTY REENTRY PROGRAM.

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

H 480: DESIGNATE STATE BALLOON RALLY.

    House: Filed

H 481: FIREARM DISPOSAL/UNC CAMPUS POLICE.

    House: Filed

H 482: ANIMAL SUPPORT/ENRICHMENT PRG. FOR STUDENTS.

    House: Filed

H 483: PISTOL PERMIT/MENTAL HEALTH RECORD TO SHERIFF.

    House: Filed

H 485: AMEND 1-YR SEP/REPEAL ALIEN. OF AFF/CRIM. CON.

    House: Filed

H 486: REPLACE EOC WITH NATIONAL ASSESSMENT.

    House: Filed

H 487: CERTAIN PROHIBITIONS/WORKING/VOTING PROCESS.

    House: Filed

H 488: ANALYSIS DOULA SUPP. SERVICES/MEDICAID COV.

    House: Filed

H 489: 2021 BUILDING CODE AND DEV. REG. REFORM.

    House: Filed

H 490: ROANOKE RAPIDS EXIT 171 DEVELOPMENT PLAN.

    House: Filed

H 491: VIRTUAL TRAINING/REAL WORLD LAW ENFORCEMENT.

    House: Filed

S 146: TELEDENTISTRY/RDH ADMIN. LOCAL ANESTHETIC.

    Senate: Regular Message Sent To House
    House: Regular Message Received From Senate

S 159: STATE HEALTH PLAN ADMINISTRATIVE CHANGES.-AB

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

S 173: FREE THE SMILES ACT. (NEW)

    Senate: Regular Message Sent To House
    House: Regular Message Received From Senate
    Senate: Regular Message Sent To House
    House: Regular Message Received From Senate

S 196: GSC SALE OF PROPERTY AMEND/DELAY PROSEC SPLIT. (NEW)

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 197: GSC TRUSTS & ESTATES AMENDMENTS.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 198: GSC GOOD FUNDS SETTLEMENT/COMM. RECEIVERSHIP.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 241: MODIFIED UTILITY VEHICLE DEF/USE OF FUNDS. (NEW)

    Senate: Withdrawn From Com
    Senate: Re-ref to Transportation. If fav, re-ref to Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Transportation. If fav, re-ref to Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Transportation. If fav, re-ref to Rules and Operations of the Senate

S 296: CURRENT OPERATIONS APPROPRIATIONS ACT CHANGES. (NEW)

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 301: EXPAND EXPUNCTION ELIGIBILITY.

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

S 308: VARIOUS BUILDING CODE AMEND. (NEW)

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Engrossed
    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Engrossed

S 315: ALLOW SELF-INSURANCE AS PROOF OF FIN. RESP.

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

S 317: MARINE FISHERIES REFORM.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 321: AMEND NC CONTROLLED SUBSTANCES ACT.

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Engrossed

S 323: JOINT MUNICIPAL POWER AGENCIES/INVESTMENTS.

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

S 339: 2022 WRC AMENDMENTS. (NEW)

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

S 371: RESUME FUNDING ADULT &AMP PEDIATRIC TBI PILOT.

    Senate: Withdrawn From Com
    Senate: Re-ref to Appropriations/Base Budget. If fav, re-ref to Rules and Operations of the Senate

S 387: EXCELLENT PUBLIC SCHOOLS ACT OF 2021.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Enrolled
    Senate: Ratified
    Senate: Pres. To Gov. 4/1/2021

S 389: DEQ/DNCR OMNIBUS.-AB

    Senate: Withdrawn From Com
    Senate: Re-ref to Agriculture, Energy, and Environment. If fav, re-ref to Rules and Operations of the Senate

S 390: UNC LAW ENFORCEMENT RECRUITMENT.

    Senate: Withdrawn From Com
    Senate: Re-ref to Education/Higher Education. If fav, re-ref to Rules and Operations of the Senate

S 394: HBCU PROGRAMS/PROJECT FUNDS.

    Senate: Withdrawn From Com
    Senate: Re-ref to Appropriations/Base Budget. If fav, re-ref to Rules and Operations of the Senate

S 401: CODIFY THE NC COLLABORATORY.

    Senate: Withdrawn From Com
    Senate: Re-ref to Appropriations/Base Budget. If fav, re-ref to Rules and Operations of the Senate

S 410: OPEN MEETINGS/VARIOUS BOARD ADJ./PUBLIC RECORDS. (NEW)

    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate
    Senate: Withdrawn From Com
    Senate: Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

S 413: FUNDS/LOUISBURG MAIN STREET REVITALIZATION.

    Senate: Withdrawn From Com
    Senate: Re-ref to Appropriations/Base Budget. If fav, re-ref to Rules and Operations of the Senate

S 416: "BAN THE BOX".

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

S 417: SET ALLOWABLE STATE BAR MEMBERSHIP FEES.

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

S 418: NC TEACHING FELLOWS/HMSIS.

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

S 419: CAPITAL & CAMPUS PROJECTS-NCCU.

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

S 420: EMPLOYMENT BASED BROKERAGE ACTIVITY.

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

S 421: CC/IN-STATE TUITION & BOARD ELECTIONS. (NEW)

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

S 422: TRYON PALACE COMMISSION MODIFICATIONS.

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

S 423: HOUSING FINANCE AGENCY/PED STUDY.

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

S 424: PRIVATE PROTECTIVE SRVS. LICENSING MODS.

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

S 425: GAP AND VVPA AGREEMENT CHANGES.

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

S 426: INCLUSIONARY ZONING/AFFORDABLE HOUSING.

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

S 427: DISCHARGE OF DISCRIMINATORY COVENANTS.

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

S 428: LOCAL GOV'T AUTONOMY/BLDG. STDS.

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

S 429: COMM. RECEIVERSHIP AND REAL PROPERTY AMENDS.

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

S 430: REGIONAL FIRE TRAINING CENTER FUNDS.

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

S 431: PERMANENT DV PROTECTIVE ORDERS.

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

S 432: MODIFY EDPNC LEGAL OBLIGATIONS.

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

S 433: PROHIBIT ONLINE IMPERSONATIONS.

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

S 434: FUNDS FOR NC TROOPERS ASSOC. CAISSON UNIT.

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

S 435: TERMINATIONS OF STATES OF EMERGENCY.

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

S 436: LOCAL TREE ORDINANCES AUTHORIZED.

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

S 437: LOCAL GOVERNMENTS/IMPACT FEES AUTHORIZED.

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

S 438: FULL REPEAL OF HB2.

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

S 439: HATE CRIMES PREVENTION ACT.

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

S 440: NONPROFIT FUNDRAISING SALES TAX EXEMPTION.

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

S 441: NONPROFIT SALES TAX EXEMPTION.

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

S 442: FUNDS FOR VETERANS/HBOT.

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

S 443: 2021 SAFE DRINKING WATER ACT.

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

S 444: EXPAND CIRCUIT BREAKER PROPERTY TAX BENEFIT.

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

S 445: DOMESTIC VIOLENCE VICTIMS' SEPARATION WAIVER.

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

S 446: WAGE THEFT ACT.

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

S 447: LIVING WAGE FOR NC WORKERS.

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

S 448: AMENDMENTS TO SCHEDULE VI OF THE CSA.

    Senate: Filed

S 449: REVISE MANUFACT. HOME TITLE LAWS.

    Senate: Filed

S 450: VARIOUS EDUCATION CHANGES. (NEW)

    Senate: Filed
    Senate: Filed

S 451: BAN SINGLE-USE AND NON-REYCLABLE PRODUCTS.

    Senate: Filed

S 452: UTILITIES/USER RESPONSIBLE FOR UTILITY BILL.

    Senate: Filed

S 453: MODERNIZE ABC CONTROLS. (NEW)

    Senate: Filed
    Senate: Filed

S 454: ARSON LAW REVISIONS.

    Senate: Filed

S 455: CONFORM HEMP WITH FEDERAL LAW. (NEW)

    Senate: Filed
    Senate: Filed

S 456: CHILD DEVELOPMENT ASSOCIATE APPRENTICE PILOT.

    Senate: Filed

S 457: HEALTHY FAMILIES & WORKPLACES/PAID SICK DAYS.

    Senate: Filed

S 458: REINSTATE MTN ISLAND LAKE MARINE COMMISSION.

    Senate: Filed

S 459: AMEND 1-YR SEP/REPEAL ALIEN. OF AFF/CRIM. CON.

    Senate: Filed

S 460: ESTABLISH PFAS TASK FORCE/ADD'L MEASURES.

    Senate: Filed

S 461: FUND HEALTH CTR. PROGRAMS/HEALTH DISPARITIES.

    Senate: Filed

S 462: CON/THRESHOLD AMDS. & CERTIFICATE EXPIRATIONS.

    Senate: Filed

S 463: DEPLOY CHILD WELFARE & AGING COMPONENT/NCFAST.

    Senate: Filed

S 464: SMART START FUNDS.

    Senate: Filed

S 465: TRASH COLLECTION/MULTIFAMILY RESIDENTIAL.

    Senate: Filed

S 466: REQ SOURCE DISCLOSURE/ONLINE GRASSROOTS LOBBY.

    Senate: Filed

S 467: EARNED WAGE ACCESS SERVICES ACT.

    Senate: Filed

S 468: SCIENTIFIC INTEGRITY ACT.

    Senate: Filed

S 469: SALES TAX PENALTY WAIVER.

    Senate: Filed

S 470: ABC TECHNICAL AND OTHER CHANGES. (NEW)

    Senate: Filed
    Senate: Filed

S 471: INCREASE VETERANS ACCESS TO HEALTH CARE.

    Senate: Filed

S 472: EXPAND OCCUP. CANCER BENEFITS/FIREFIGHTERS.

    Senate: Filed

S 473: ENHANCE LOCAL GOV'T TRANSPARENCY.

    Senate: Filed

S 474: SEPTAGE MANAGEMENT AMENDMENTS.

    Senate: Filed

S 475: TRANSPARENCY IN EVIDENCE STANDARDS.

    Senate: Filed

S 476: PROTECTING PROPERLY INSURED INDIVIDUALS.

    Senate: Filed

S 477: VICTIMS' FAIR TREATMENT ACT.

    Senate: Filed

S 478: 2021 BUILDING CODE AND DEV. REG. REFORM.

    Senate: Filed

S 479: 2% COLA FOR STATE RETIREES.

    Senate: Filed

S 480: EXPAND VICTIM SERVICES.

    Senate: Filed

S 481: EMERGENCY MANAGEMENT REFORM ACT.

    Senate: Filed

S 482: SITE DEVELOPMENT REVOLVING ASSISTANCE FUND.

    Senate: Filed

S 483: MARIJUANA/DIVERSION COURT/CLASS 3 MISD. STUDY.

    Senate: Filed

S 484: SCHOOL-BASED COMPLAINT/SROS.

    Senate: Filed

S 485: FUND DRUG TREATMENT/MENTAL HEALTH COURTS.

    Senate: Filed

S 486: REFORM COURTS AND JAILS.

    Senate: Filed

S 487: EXPAND CJ FELLOWS/LEO IN-SERVICE TRAINING.

    Senate: Filed

S 488: CONSUMER PROTECTION- INVOICE ADVERTISEMENTS.

    Senate: Filed

S 489: CREDIT UNION FEES AND LATE PENALTY.

    Senate: Filed

S 490: LICENSE TO WORK.

    Senate: Filed

S 491: CREATE AN ADDITIONAL 5-TIER SYSTEM.

    Senate: Filed

S 492: ESTABLISH NC TEXTILE MUSEUM.

    Senate: Filed

S 493: JDIG MODIFICATION AND OTHER CHANGES. (NEW)

    Senate: Filed

S 494: SBIR/STTR INCENTIVE MODIFICATIONS.

    Senate: Filed

S 495: CCRC SALES TAX MODIFICATIONS.

    Senate: Filed

S 496: DOI OMNIBUS BILL. (NEW)

    Senate: Filed
    Senate: Filed

S 497: STOP SOCIAL MEDIA CENSORSHIP ACT.

    Senate: Filed

S 498: GAMING MACHINE ENFORCEMENT ACT.

    Senate: Filed

S 499: PROMOTE HISTORICAL SITES THROUGHOUT NC ACT.

    Senate: Filed

S 500: FUNDS/AIRBORNE & SPECIAL OPERATIONS MUSEUM.

    Senate: Filed

S 501: CREATE DEPART. OF ADULT CORRECTION.

    Senate: Filed

Actions on Bills: 2021-04-01

LOCAL BILLS

H 229: EXTEND MAYOR'S TERM TO 4 YRS./CAROLINA SHORES.

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

H 236: AMEND ORANGE/CHATHAM COUNTY BOUNDARY LINE.

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

H 263: HIGH POINT/COUNCIL DELEGATE REZONING POWERS.

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

H 287: CITY OF RANDLEMAN CHARTER CONSOLIDATION.

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

H 484: NEW BERN FEES IN LIEU.

    House: Filed

S 279: LOCAL GOVERNMENTS/REGULATE NAVIGABLE WATERS.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

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