Enacts a new GS Chapter 1H to establish the Victims' Fair Treatment Act. Defines contributory fault as contributory negligence, misuse of a product, unreasonable failure to avoid or mitigate harm, and assumption of risk unless the risk is expressly assumed in a legally enforceable release or similar agreement. Defines released person as a person that would be liable for damages if the person had not been discharged from liability under proposed GS 1H-35 (Effect of release) or GS 1H-40 (Reduction of worker’s compensation lien and subrogation right).

Requires that in an action to recover damages for personal injury or harm to property involving the responsibility of more than one party or a released person, the jury must answer special interrogatories or the court must make specific findings as follows: (1) state the amount of damages that a claimant would be entitled to recover if any contributory fault was disregarded; (2) state, as to each claim, the percentage of total responsibility attributed to each claimant, defendant, and released person that caused the injury or harm; (3) whether any of the parties or released persons acted in concert or with intent to cause injury or harm to the claimant; and (4) any other issue of fact fairly raised by the evidence necessary to make a determination of the damage award or to enter or modify a judgment. Provides that the trier of fact consider the nature of the conduct and the extent of the causal relation between the conduct and the damages claimed when determining the percentages of responsibility. Allows the court to determine the extent to which the responsibility of one party, which is based on the conduct of another party, warrants that the parties be treated as a single party. (GS 1H-15).

Provides that in an action seeking damages for personal injury or harm to property based on negligence or on any other claim for which the claimant may be subject to a defense in whole or part based on contributory fault, the claimant’s recovery is diminished by the percentage of responsibility assigned to the claimant pursuant to proposed GS 1H-15. Prohibits the claimant from recovering any damages if the contributory fault is greater than the combined responsibility of all parties and released persons that caused the injury or harm to the claimant. (GS 1H-10).

Requires that, after the trier of fact has answered interrogatories or made findings, the court determine the monetary amount of any award of damages to the claimant, the amount of the several share for which each party found liable is responsible, and any amount attributable to a released person. Allows a claimant to move the court to determine, no later than 90 days after the entry of judgment, whether all or part of the several share will not be reasonably collectible and request reallocation. If found by preponderance of the evidence that a share is uncollectible, the court may reallocate severally to the other parties based on the proportion that each party’s percentage of responsibility bears on the total of the percentages of responsibility, not including the percentage being reallocated. Provides for liability for certain parties after reallocation. Prohibits reallocation from making a released person liable for any reallocated share unless the release or agreement so provides. Allows any party to conduct discovery regarding any issue relevant to a motion for reallocation. Requires the court to enter the judgment severally against each party adjudged liable, except in specified circumstances where the court may enter a judgment jointly and severally against the parties, and allows for modification of the judgment if the damages are reallocated. (GS 1H-20 and GS 1H-25).

Creates a right of contribution from another party, if the parties are jointly and severally liable, for any amount the party pays in excess of the several amount for which the party is responsible. Creates a right of indemnification for any party that is adjudged liable for the act or omission of another party. Allows a party subject to liability to (1) join a person that is also subject to liability and (2) seek contribution or indemnity from another person whose liability is not determined in the proceeding in which the party is adjudged liable if the other person is responsible for all or part of the claimant’s injury or harm. A claim for contribution or indemnity may be asserted in the original action or in a separate action. (GS 1H-30).

Provides that a release, covenant not to sue, covenant not to execute a judgment, or similar agreement discharges the person, as well as any other person expressly provided for in the agreement, from liability and liability for contribution. Allows for parties to a proposed settlement of a claim in a Chapter 1H action to apply to the court for determination of whether or not the proposed settlement involves the payment of all funds that reasonably could be collected from the settling party or parties. Provides for judicial determination following proper notice and hearing requirements, and subject to judicial considerations, and provides for claimant recovery following the determination, as specified.

Provides that if an employer or workers’ compensation insurer asserts a lien or right of subrogation under GS 97-10.2, the employer is deemed to have had its obligation to the employee for the compensation benefits paid or payable discharged as if the employer or insurer received a release, covenant not to sue, covenant not to execute a judgment, or similar agreement with the employee. An employee that asserts that the lien or right of subrogation should be reduced because of the employer’s fault must give notice to the employer or insurer so that they may intervene in the employee’s action for personal injury.

Enacts new GS 143-300.1B to provide that in tort claims against state departments and agencies where liability is based upon acts or omissions that constitute contributory fault, the provisions of GS Chapter 1H apply. Also makes conforming changes to GS 1B-2 (Pro rata shares of tort-feasors); GS 99B-1.1 (Strict liability; contributory fault related to products liability); GS 28A-18-2 (Death by wrongful act of another); GS 1A-1, Rule 7(a) (pleadings), and GS 1A-1, Rule 8(c) (affirmative defenses).

Effective for actions originally filed on or after January 1, 2022.

Amends GS 7B-1111 to allow parental rights to be terminated when the court finds that the parent has been found, by clear and convincing evidence, to have committed (was, the parent has been convicted of) a sexually related offense under GS Chapter 14 that resulted in the juvenile's conception. Amends GS 7B-1112 by adding that a parent whose rights are terminated because of clear and convincing evidence that they committed a sexually related offense under GS Chapter 14 that resulted in the juvenile's conception, has no rights to custody of or rights of inheritance from that child, nor does that person have any rights related to the child under GS Chapter 48 (Adoptions) or Subchapter I (Abuse, Neglect, Dependency) of GS Chapter 7B. Makes additional clarifying and organizational changes.

Enacts new GS 8-53.12A, providing as follows. Defines victim as a person who: (1) alleges a homicide has been attempted against them or committed against a loved one or someone with whom they have a significant relationship and (2) consults an agent of a victim assistance center for services concerning mental, physical, or emotional injuries suffered as a result of the homicide. Prohibits requiring an agent of a victim assistance center from disclosing any information that the agent acquired during the provision of services to a victim and that was necessary to enable the agent to render the services, unless the victim waives the privilege. Terminates the privilege upon the victim's death. Requires the court to compel disclosure, either at the trial or before the trial, if the court finds, by a preponderance of the evidence, a good-faith, specific, and reasonable basis for all of the following: (1) the records or testimony sought contain information that is relevant and material to factual issues to be determined in a civil proceeding or that is relevant, material, and exculpatory upon the issue of guilt, degree of guilt, or sentencing in a criminal proceeding for the offense charged or any lesser included offense; (2) the evidence is not sought merely for character impeachment purposes; and (3) the evidence sought is not merely cumulative of other evidence or information available or already obtained by the party seeking the disclosure. Requires the party seeking disclosure to have made a sufficient showring that the records are likely to contain information subject to disclosure; upon such a showring requires the records to be produced for the court under seal and examined in camera.

Amends GS 42-40 by including in the definition of a protected tenant a victim of attempted homicide or household member of a victim of homicide under the specified statutes, where the premises was the location of the crime. Amends GS 42-45.1, which allows a protected tenant to terminate his or her rental agreement for a dwelling unit by providing the landlord with a written notice of termination to be effective on a date stated in the notice that is at least 30 days after the landlord's receipt of the notice. Requires a protected tenant who is a victim of attempted homicide or household member of a homicide victim, to include with the notice law enforcement, court, or federal agency records or files. Amends GS 42-2.2 to prohibit a landlord from terminating a tenancy, failing to renew a tenancy, refusing to enter into a rental agreement, or otherwise retaliating in the rental of a dwelling, because of the tenant's, applicant's, or household member's status as a victim of attempted homicide when the premises was the location of the crime or as a household member of a victim of homicide when the premises was the location of the crime. Makes conforming changes.

Amends GS 50B-2, concerning the filing of actions alleging acts of domestic violence, by deleting the provision that allowed magistrates to hear any motions for emergency relief ex parte (including the awarding of temporary child custody).  Allows all hearings held under the statute, including those to consider emergency or permanent relief, to be held via video conference. Makes additional organizational and clarifying changes. Effective October 1, 2021.

Part I.

Amends GS 15A-534 to prohibit judicial officials from imposing a bond secured by a cash deposit as a condition of pretrial release pursuant to subdivision (a)(4) if no charge against the defendant is more severe than a Class 1, 2, or 3 misdemeanor, unless the judicial official makes written findings that the defendant will pose a danger of injury to any person. Makes clarifying and technical changes. Makes language gender-neutral. Applies to conditions of pretrial release imposed on or after October 1, 2021. 

Part II.

Enacts GS 20-24.1(g) to require the Division of Motor Vehicles (Division) to automatically 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, except for revocations resulting from impaired driving charges. 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. Revises the conditions for restoration of a license revoked under subsection (a) to include that the person demonstrates to the court that failure to pay the fine or penalty (was the penalty, fine, or costs) was not willful and the person is making a good faith effort to pay. 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. 

Directs the Division to automatically restore any driver's license suspended for failure to pay after 12 months, except for offenses involving impaired driving.

Effective October 1, 2021. 

Part III. 

Amends GS 15A-601 to require any defendant charged with a misdemeanor under a magistrate's order or by criminal process who is held in the custody to have a first appearance before a district court judge in the district in which the crime is charged to have been committed. Specifies that this first appearance is a critical stage of the proceedings. Requires a defendant's first appearance before a district court judge to be held at the earlier of the first regular session of the district court in the county or within 48 hours after the defendant is taken into custody (previously, alternatively within 96 hours after taken into custody). Makes conforming changes regarding the clerk's authority to conduct the first appearance if the district court judge is unavailable within this period. Makes technical changes and language gender-neutral.

Further amends GS 15A-534 to no longer mandate a judicial official to require a defendant who has failed to appear on one or more prior occasions to answer the charge(s) to which pretrial conditions apply to execute a secured appearance bond in an amount at least double the amount of the most recent previous secured or unsecured bond, or $1,000 if no bond has been required of the charges. Instead, requires the judicial official to require the execution of a secured appearance bond of at least $1,000. Eliminates the provisions governing the judicial official's authority regarding the determination of the conditions of pretrial release for a defendant who is charged with an offense who is currently on pretrial release for a prior offense. 

Enacts GS 15A-534.8 to require a defendant who remains in custody due to imposed conditions of pretrial release following an initial appearance to be brought before a district court judge for a preventative detention hearing within five days of the initial appearance. Requires that the hearing be separate from the defendant's first appearance. Provides for counsel at the hearing, with counsel provided at the expense of the State if the defendant is found to be indigent. Provides for the defendant to present evidence and testimony at the hearing to determine whether the pretrial conditions are necessary to ensure the safety of any person, with the State given the opportunity to respond, present evidence, and examine witnesses. Requires a judge to set new conditions if the judge finds by clear and convincing evidence that the imposed conditions are not necessary to reasonably prevent injury to any person, or to make written findings as to why the continued detention is necessary if the judge does not rule in favor of the defendant, with conditions continued unless lawfully modified. 

Effective October 1, 2021, and applies to conditions of pretrial release imposed on or after that date. 

Part IV. 

Directs the Administrative Office of the Courts (AOC) to automatically enroll all criminal defendants into its court date reminder system. Requires criminal defendants to be allowed to opt out of the automatic enrollment by using a process developed by AOC, which must be developed and implemented by December 1, 2021. Effective December 1, 2021, and applies to criminal defendants arrested on or after that court date.

Enacts GS 15A-306 to require persons who fail to appear as required by a citation or other criminal process served pursuant to the Article to have 20 calendar days from the missed court date to contact the clerk of superior court to request a new court date. Mandates that such action requires the clerk to strike the person's failure to appear and any order for arrest or fines related to the failure to appear, and the clerk to provide a new court date in the case. Limits new court dates in criminal cases pursuant to these provisions to one. Effective October 1, 2021, and applies to failures to appear in court on or after that date. 

Part V.

Revises and expands the qualifications for indigent defense under GS 7A-451. Now provides for indigent defense in any case in which (1) a felony or misdemeanor is charged (was, limited to cases in which imprisonment, or a fine of $500 or more, is likely to be adjudged) or (2) for motions for appropriate relief if appointment of counsel is authorized by law and the defendant has been convicted of a felony, has been fined $200 (was, $500) or more, or has been sentenced to a term of imprisonment, among other existing eligibility criteria. Effective October 1, 2021. 

Appropriates $1.18 million in recurring funds from the General Fund to the Office of Indigent Defense Services, Private Assigned Counsel Fund, for each fiscal year of 2021-23 to fund the increased need of appointed counsel due to the expansion of eligibility. Effective July 1, 2021.

Part VI.

Revises Article 1 of GS Chapter 9 regarding preparation of jury lists and drawing of panels as follows. 

Amends GS 9-2 to require the jury commission to annually prepare a master list of qualified prospective jurors to serve on January 1 of the next year (previously provided for biennium lists, or upon request of the senior resident superior court judge, annually). Makes conforming changes.

Makes a clarifying change to GS 9-4 to refer to the clerk of superior court's duty to maintain the master jury list.

Makes conforming changes to GS 20-43.4 regarding the list of currently licensed drivers that must be provided by the Commissioner of Motor Vehicles (Commissioner) to each county jury commission, now annually. Now requires the list to include the driver's race. Enacts subsection (b1) to require the raw data of date of birth, sex, and race to be used to develop the list provided by the Commissioner to be made available for analysis by clerks of court, jury commissions, and the public. Makes conforming changes.

Further amends GS 9-2, enacting subsection (l) to require the data of date of birth, sex, and race to be compiled by each county as public records for master jury lists, lists of jurors summoned, lists of jurors that have served, lists of jurors that have been excused, lists of jurors that have been disqualified, and lists of jurors whose service has been deferred. Applies to lists prepared on or after October 1, 2021. 

Part VII.

Enacts Article 83A, Dignity for Women Who are Incarcerated Act, in GS Chapter 15A. Sets forth 11 defined terms. 

Prohibits Department of Public Safety (DPS) and correctional facility employees from using leg restraints, wrist restraints, restraints connected to other incarcerated persons, or waist shackles on pregnant incarcerated women during the second and third trimester of pregnancy, during labor and delivery, and during the six-week postpartum recovery period. Defines correctional facility employee to include DPS employees and any persons employed by a correctional facility, defined to mean any unit of the State prison system, local confinement facility, juvenile detention facility, or other entity under the authority of any state or local law enforcement agency that has the power to detain or restrain a person under state law. Restricts use of wrist restraints during the postpartum recovery period to being held in front of her body, if the employee determines extraordinary circumstances exist, as defined, and the employee makes a written report to the warden or administrator within 72 hours containing justification for the use of the restraints. Clarifies that the provisions do not affect licensed health care professionals' use of medical restraints to ensure the medical safety of a pregnant incarcerated woman. 

Prohibits correctional facility employees from conducting invasive body cavity searches of incarcerated women who are pregnant or in the postpartum recovery period unless the employee has compelling grounds to believe the person is concealing contraband that presents an immediate threat or harm to the person, fetus, or another person, and the employee submits a written report to the warden or the administrator within 72 hours containing the justification for the search. 

Requires DPS and administrators of correctional facilities to ensure pregnant incarcerated women are provided sufficient food and dietary supplements, and access to food at appropriate times of day, as ordered by a physician, physician staff member, or a correctional facility nutritionist as specified. 

Prohibits DPS and administrators of correctional facilities from placing pregnant incarcerated women or incarcerated persons in the postpartum recovery period in restrictive housing, as defined, unless the employee makes a determination that an extraordinary circumstance exists, as defined, and submits a written report to the warden or administrator within 72 hours containing the justification for the placement. 

Prohibits DPS and correctional facility administrators from assigning incarcerated women who are pregnant or in the postpartum recovery period to any bed that is elevated more than 3 feet from the floor of the facility. 

Requires prenatal, labor, and delivery care to be provided to pregnant incarcerated women at no cost to the incarcerated woman.

Directs the warden or administrator of the correctional facility to compile a monthly summary of all written reports received as required under the Article and submit the summary to the DPS Secretary. 

Requires DPS and correctional facility administrators to permit a newborn to remain with the incarcerated woman for at least 72 hours unless the medical provider has a reasonable belief that remaining poses a health or safety risk to the newborn. Requires DPS and administrators to make all necessary nutritional and hygiene products available during the postpartum recovery period, provided at no cost to the incarcerated woman. 

Mandates DPS to place incarcerated persons in the custody of the State prison system who are parents of minor children within 250 miles of their permanent address to the extent practicable and after accounting for security and capacity. Requires DPS and administrators of correctional facilities to adopt visitation rules for persons with low- or minimum-security classifications who are parents to minor children to allow for visitation by the minors at least twice a week (except as specified) with no limitation on the number of dependent minors that may be permitted privileges and requires authorization of contact visits. 

Requires DPS and administrators of correctional facilities to issue regulations that limit inspections by male employees when a female incarcerated person is in a state of undress to the greatest extent practicable and consistent with safety and order, and availability of female employees. Requires male correctional employees to make a written report within 72 hours containing the justification for inspection of a female incarcerated person while in a state of undress. 

Requires DPS and administrators of correctional facilities to ensure availability of sufficient menstrual products for all incarcerated women as appropriate, at no cost to the incarcerated women.

Directs DPS and administrators of correctional facilities to develop and provide all correctional facility employees who have contact with pregnant incarcerated women training related to the physical and mental needs of pregnant incarcerated women and fetuses, as specified. Requires consultation with specified divisions of the Department of Health and Human Services. Also directs DPS and administrators of correctional facilities to develop and provide educational programming for pregnant incarcerated women, as specified.  

Revises GS 143B-702 to make rules and regulations adopted by the Division of Adult Correction and Juvenile Justice subject to new Article 83A, GS Chapter 15A.

Enacts GS 153A-221.2 to subject local confinement facilities to the requirements of new Article 83A, GS Chapter 15A. 

Effective October 1, 2021. 

Revises the NC Small Business Innovation Research (SBIR)/Small Business Technology Transfer Research (STTR) Incentive Program to provide grants to eligible businesses to offset costs for applying for federal SBIR and STTR grants awarded pursuant to GS 143B-437.80 (previously, provided for application to the US Small Business Administration), in order to foster job creation and economic development throughout the State (rather than in the State). Now provides for grants for a percentage of the costs of preparing and submitting a SBIR/STTR Phase I proposal up to $12,000 (previously, for up to 50% of the costs with a $3,000 max). Sets the maximum percentage of reimbursement at 100% for an eligible business located in a development tier one or two area, and 50% for other eligible businesses. Eliminates the restriction to one grant under the statute with respect to each federal proposal submission. Adds educational programs to costs that can be reimbursed. Adds new authority for the NC Board of Science, Technology, and Innovation to use up to 10% of funds appropriated for grants to provide education and outreach to aid in awareness and successful completion of SBIR/STTR Phase I proposals.

Amends the SBIR/STTR matching requirements set forth in GS 143B-437.81 to provide for matching funds received by a business through a SBIR/STTR Phase I proposal up to $200,000 (was $100,000). Eliminates the restriction limiting a business to receipt of only one grant under the statute per year. Limits a business to one grant under the statute for each federal proposal award (rather than submission). Increases the total award cap for a business over its lifetime under the statute from five to ten.

Appropriates $2 million in recurring funds from the General Fund to the One NC Small Business Account (One Account) for 2021-22 and 2022-23 for the NC SBIR/STTR Incentive Program and Matching Program. Appropriates $7 million from the General Fund to the One Account for 2021-22 as a supplement in response to the COVID-19 pandemic to be used for the NC SBIR/STTR Incentive Program and Matching Program. Effective July 1, 2021. 

Part I.

Revises GS 58-17-75, regarding required filing of insurance holding company forms, to require copies of statements and all exhibits, papers, and documents filed as part of the statement to be filed with the Commissioner of Insurance (Commissioner) by mail (previously alternatively allowed for personal delivery). 

Part II.

Amends GS 58-7-170(d), which sets forth obligation limitations for permitted insurer investments under specified state law classified as medium to lower quality obligations which do not require the Commissioner's prior written approval. No longer excludes from the scope of the limitations obligations of subsidiaries or affiliated corporations. 

Amends GS 58-19-10(b)(1) regarding insurer investments in common stock, preferred stock, debt obligations, and other securities of affiliates or subsidiaries to consistently refer to both affiliates and subsidiaries. Makes conforming changes to subsection (c) to subject such investments to the medium and lower quality obligation limitations of GS 58-7-170(d), as amended.

Part III.

Revises GS 58-89A-110 to no longer require professional employer organization licensees to notify the Commissioner within 30 days of initiation or termination of the licensee's relationship with any client company; maintains the required notification of its workers' compensation carrier and the NC Industrial Commission.

Part IV.

Adds to the statutes specified in GS 58-67-171 that apply to health maintenance organizations (HMOs) to include GS 58-7-21 (concerning credit allowed to a domestic ceding insurer), GS 58-7-26 (concerning asset or reduction from liability for reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of GS 58-7-21), GS 58-7-30 (concerning insolvent ceding insurers), and GS 58-7-31 (concerning life and health reinsurance agreements).

Part V.

Regarding the continuation of health care services under GS 58-93-75 for insolvent prepaid health plans (PHPs), requires PHP insolvency plans to allow for health care services to be provided to enrollees until the PHP's capitated contract is terminated by the Department of Health and Human Services (DHHS) and all enrollees required under GS 108D-40 to enroll in a PHP are transitioned to another PHP (was until all of the PHP's enrollees whose enrollment in a PHP is not voluntary are enrolled in another PHP). Makes conforming changes to the Commissioner's authority to impose certain requirements on a PHP's insolvency plan.

Part VI.

Amends GS 20-279.21(d1)(2) to require the party who rejects an umpire's motor vehicle damage appraisal report to pay the costs of the umpire.

Part VII.

Makes the following changes regarding public school insurance.

Revises GS 115C-523.1 to require local boards of education to annually provide the Commissioner with a list of all of its insurable buildings, the equipment and contents of the buildings, and their insurable values by October 1. Requires local boards to provide the Commissioner a copy of a policy of insurance issued from a licensed and authorized company for any insurable building, its equipment, or its contents, with subsequent notification for the policy's cancellation, termination, or other changes. Makes conforming changes to include violations of the new provisions within the Commissioner's authority to impose civil penalties. 

Enacts substantively identical reporting provisions to GS 115C-523.2 regarding flood insurance for public school buildings, GS 115D-58.11 regarding fire and casualty insurance for community colleges, and GS 115D-58.11A for flood insurance for community colleges, with local boards and boards of trustees charged with the duty as appropriate. Makes identical changes regarding the imposition of civil penalties for violations of the new reporting requirements.

Part VIII.

Revises and adds to the definitions set forth in GS 143-143.9, applicable to the NC Manufactured Housing Board and manufactured home warranties. Defines Code to mean the engineering standards entitled State of NC Regulations for Manufactured Homes adopted by the Commissioner (was engineering standards adopted by the Commissioner). Adds qualifier and defines the term to mean an individual taking the examination on behalf of a set-up contractor applicant, who is associated with the applicant and is actively engaged in the work of the applicant. 

Amends GS 143-143.15 to more specifically require manufactured homes to be set up in accordance with the standards entitled State of NC Regulation for Manufactured Homes adopted by the Commissioner. 

Repeals GS 143-143.21A(a)(5) to no longer require manufactured home purchase agreements to include the estimated terms of financing the purchase, if any. 

Amends GS 143-151(a) to set the maximum civil penalty for violating Article 9A or rules adopted thereunder to limits sets by specified federal law (was $1,000) per violation. Makes an identical change to penalties for a related series of violations occurring within one year after the date of the first violation. 

Part IX.

Makes a technical change to the phone number of the Senior's Health Insurance Information Program of the Department of Health Insurance set forth in GS 58-55-60.

Part X.

Amends GS 58-28-5(a)(4), which excepts from the licensure requirements of insurers' transactions involving group life insurance, group annuities or group, blanket, or franchise accident and health insurance where the master policy for the insurance was lawfully issued and delivered in a state in which the company is authorized to transact business. Adds that the exception does not apply to companies that have had their license to conduct business in the state suspended or revoked. 

Part XI.

Revises GS 58-49-12, which excludes certain health care sharing organizations from the authority of the Commissioner, to make the exception applicable to "faith-based health care sharing organizations" meeting the specified criteria. Revises the qualifications to include limiting participants to those of similar faith, disclosure of administrative fees and costs to participants, and providing that any card issued to a participant for presentation to a health care provider clearly indicates that the participant is part of a faith-based health care sharing organization that is not an insurance company. Adds to the required monthly statement publications to include the total payments by members for the previous month, the percentage of total payments applied to administrative expenses, and the percentage of the total payments applied to the payment of participants' qualified needs. Requires the disclaimer provided to be written at the beginning of all applications and guidance materials distributed by or on behalf of the organization (was, to be written on or accompanying the applications and guidance materials). Applies to any faith-based health care sharing organization conducting business on or after October 1, 2021, and any written statement provided to participants on or after that date.

Part XII.

Makes the following changes to GS 58-2-46, which provides for parameters that are effective when disaster declarations are proclaimed for the state or an area of the state or a Presidential major disaster declaration has been issued for the state or an area of the state, and the Commissioner has issued an order declaring the parameters to be in effect for the specific disaster. Makes changes throughout to refer to real property within the designated area rather than the geographic area designated in the proclamation or declaration. Adds that included in the deferral of time limits under the statute during a declared disaster is the transmittal of information and communications (was, the transmittal of information only) with respect to insurance policies or contracts, premium finance agreements, or debt instruments when the insurer, insured, claimant, or customer resides or is located in the designated areas in the proclamation or declaration. Further adds that the deferral of time limits applies to all insureds, claimants, or customers and does not require a request to defer. Adds the following conditions applicable to proclaimed or declared disasters.

For property and casualty insurance companies and insurance policies that insure customers and policyholders who reside in the designated area and who have been displaced from their residencies, requires: (1) payment of all premiums in arrears under the policy or contract after the deferral period has expired, with cancellation authorized for failure to pay on or after the 21st day following expiration, subject to notice requirements; (2) cancellations for nonpayment scheduled to be effective after the deferral period has commenced to be deferred until the period expires, subject to notice requirements; allows for processing of cancellations for cause that have been properly noticed during the deferral period; and (3) properly noticed nonrenewals effective after the commencement of the deferral period to be deferred until its expiration, subject to notice requirements. Excludes property and casualty insurance policies and contracts entered into on or after the date the Commissioner has issued an order declaring the statute effective for the specific disaster. Also excludes premium finance companies.

Instead enacts the following, applicable to premium finance companies and premium finance agreements that have financed property and casualty insurance policies for customers or policy holders who reside in the designated area in the proclamation or declaration who may have been displaced from their residences. Requires: (1) payments in arrears to be due after the deferral period has expired, with cancellation authorized for failure to pay on or after the 21st day following expiration, subject to notice requirements and (2) cancellations for nonpayment with properly noticed cancellation effective on or prior to the date the Commissioner issued the order to be cancelled and valid. Excludes premium finance agreements entered into on or after the date the Commissioner has issued an order declaring the statute effective.

Adds a new condition during a disaster, requiring that all collection agencies must discontinue attempts to collect debt against their customers who reside within the designated area in the proclamation or declaration during the deferral period. 

Enacts six similar conditions applicable during a public health emergency or other situations that require citizens to shelter in place, including (1) requiring notice giving customers the option to defer premium payments due during the time period covered by the Commissioner's order declaring the statute to be in effect, as specified, with payments due upon the expiration of the deferral period and cancellations for nonpayment authorized, and excluding policies and contracts entered into on or after the date of the Commissioner's order; (2) permitting property and casualty insurance policy nonrenewals or cancellations during the situation; (3) requiring that all collection agencies must discontinue attempts to collect debt against their customers who reside within the designated area in the proclamation or declaration during the deferral period; (4) not applying the deferral period to time limitations imposed by law, rule, or other policy or contract provision or the transmittal of information or communication related to policies, premium finance agreements, or debt instruments; (5) authorizing the Commissioner to extend the deferral period; and (6) payment of all health benefit plan premiums in arrears upon expiration of the deferral period, with lapse provided for premiums not paid, as specified. Excludes situations that involve enemy attack, invasion, insurrection, riot, rebellion, revolution, civil war or commotion, or military or usurped power.

Makes clarifying and technical changes. 

Part XIII.

Regarding licensed insurance adjusters of other states permitted by the Commissioner to perform emergency insurance adjustment work for an licensed adjuster employer under GS 58-33-70, requires the employer to certify prior to beginning work that the adjuster has completed an approved catastrophe education course required by the Commissioner (previously required written notice to the Commissioner upon beginning work).

Part XIV.

Expands the authority to incorporate optional enhancements to insurance programs under GS 58-36-43 to also include dwelling or residential private flood insurance (previously limited to automobile or homeowners' insurance). Makes conforming changes regarding program enhancement amendments and the prohibition against conditioning the acceptance of any optional enhancements upon the acceptance, renewal, or any underwriting rating criteria of the company, making those provisions applicable to the expanded policies and enhancements. 

Part XV.

Adds a standard notice statement to GS 58-44B-15 that must be included in travel protection plans, as specified.

Part XVI.

Except as otherwise provided, the act is effective when it becomes law. 

Enacts Article 9, Video Gaming Terminals, to GS Chapter 18C. Organizes the Article into four Parts. Part 1 sets forth 13 defined terms. 

Part 2 authorizes the NC State Lottery Commission (Commission) to regulate the placement and operation of video gaming terminals (VGTs), defined as a device that is any electronic computerized video machine operated upon the insertion of cash, player's club card, or other form of promotional credit; is available to play; and which uses a video display and microprocessors in which the player can receive free plays or credits that can be redeemed for cash, excluding machines for amusement purposes only. Specifies that the Article does not grant the NC Education Lottery (Lottery) to use or operate VGTs. Requires the Commission to make available a VGT permit to be affixed to all approved VGTs, placement of which represents that the machine has been registered and approved for operation in the state. Requires the Commission to issue VGT permits annually each fiscal year. Requires manufacturers, licensed operators, and retail establishments to make VGTs and associated equipment available for inspection by the Commissioner. Requires game software to be certified by an independent lab prior to VGT permit issuance. Deems any terminal or machine that does not display a VGT permit illegal and subject to confiscation by any law enforcement officer. Provides parameters for decal placement; requires each station of a device to have a valid decal, as appropriate. Provides for permit issuance upon payment of the $150 annual terminal fee per terminal charged to licensed operators and retailers.

Establishes general restrictions as follows. Prohibits licensed operators from operating more than 12 VGTs within a 100-foot radius. Prohibits operation of 12 VGTs in any single fraternal establishment or any single truck stop establishment, as those terms are defined, and eight VGTs in any single retail establishment other than a fraternal establishment or truck stop establishment. Restricts VGT play to adults over 21. Prohibits local zoning designed to tax, relocate, limit, restrict, or eliminate VGTs or licenses, permits, or certifications for VGT manufacturers, operators, or location retailers. Caps the total amount of VGTs authorized to operate in the state at 34,000.

Requires segregated accounting of net terminal revenue, defined as money inserted into a VGT minus any prizes paid, due to the Commission by licensed retailers; deems net terminal revenue Commission property. Authorizes the Commission to require a retailer to establish a single, separate electronic funds transfer account. Provides for superiority of net terminal revenue due to the Commission over debts and demands of insolvent persons. Directs Commission action upon receipt of net terminal revenue, including the Commission retaining 15%, and providing, within five business days, 40% each to the licensed retailer and the licensed operator, and 5% to the licensed manufacturer. Directs the Commission to request for proposal a central monitoring system (CMS) from at least two suppliers of CMSs who are not licensed under the Article, and to use commercially reasonable efforts to adopt and implement a CMS as soon as possible, but no later than two years after the date the act becomes law. Provides for six parameters that must be enacted upon CMS adoption regarding linking a communication network through all VGTs.

Directs the Commission to issue manufacturer licenses, operator licenses, and retailer licenses associated with VGTs. Enumerates five licensure disqualifications, including felony conviction within the preceding 10 years, failure to meet the 21-year-old age requirement, or tax delinquency. Provides further licensure qualifications, including furnishing all required documentation specified, submission to a background investigation, and compliance with ethics standards provided. Places the burden of proof for establishing qualification upon the applicant. 

Establishes additional disqualifications for a retailer license, including that the establishment would be exclusively engaged in the business of possessing VGTs, or the person who resides in the same household as a member of the Commission, the Director, or any other Commission employee. Bars retail licensee from having any interest in any person or immediate family of a person with an operator license or manufacturer license. Requires licensed retailers to be allowed to possess only a VGT retailer license and not an operator or manufacturer license. Enumerates additional information that retailers must include in their applications. Requires a retailer to contract with only one licensed operator per location. Requires that a licensed retailer must hold an active license to sell beer, wine, liquor, or tobacco products. 

Sets annual fees at $50,000 for a manufacturer license, $25,000 for an operator license (with the above mentioned $150 annual terminal fee per terminal), and $1,000 for a retailer license (with the above mentioned $150 annual terminal fee per terminal), and allows for an additional one-time application fee of up to $1,000. Provides for nonpayment to constitute grounds for license revocation. Deems licenses renewable annually and not transferable or assignable. Requires annual terminal fees to be allocated to the county where the terminal is located to be used to mitigate the increased burden placed upon local communities from the impact of the regulated machines. 

Establishes criteria for entities seeking to become licensed operators, including incorporation or formation in the state for at least three consecutive years prior to the filing of an application. Requires licensed operators to purchase eight specified components from licensed manufacturers. Prohibits an operator from creating, developing, or assembling their own VGTs. Restricts operation to eight machines per retail location. Requires licensed operators to prepare monthly accounting reports for each VGT. Further requires licensed operators to file locations of establishments in which VGTs are located and requires such establishments to be licensed. Bars from licensure establishments located within 500 feet of a church, public school, or nonpublic school at the time of licensure.

Prohibits a licensed manufacturer from creating, developing, or assembling any major component exclusively for one operator. 

Part 3 provides for permitted VGTS, including video poker, video blackjack, and video games based on or involving matching different pictures, words, numbers, or symbols. Requires licensed operators to submit monthly reporting to the Commission on each terminal, with specified content. Requires the minimum payout to a user over the lifetime of the VGT to be 85%. 

Requires written contracts between licensed operators and licensed retailers, which must include three specified terms, including a minimum five-year term and equal shares of net terminal revenue after taxes. Prohibits offering anything of value to a licensed retailer or employee in exchange for allowing the licensed operator to place VGTs in the establishment.

Part 4 grants the Commission and any law enforcement agency enforcement authority under the Article, including inspection of an establishment of a licensee at any time during normal business hours. Makes it a Class 1 misdemeanor to tamper with or damage a VGT with the intent to interfere with proper operation, or manipulate the outcome, payoff, or operation of a VGT with the intent to do the same. Makes it a Class 2 misdemeanor and grounds for license termination for a licensed operator to intentionally falsely report or fail to report the amount due required by the Commission. Makes intentional violation of GS 18C-206(a) (regarding VGT location restrictions) a Class 2 misdemeanor and subjects the licensee to termination of the license. Establishes a $5,000 mandatory penalty for licensed operators who intentionally violate GS 18C-208 (governing VGT permits).

Requires game software and other Commission-required components for all VGTs to be submitted by the licensed manufacturer to an independent, nationally recognized testing lab to test for compliance with industry standards and Commission rules and regulations. 

Adds to the Commission's powers and duties under GS 18C-114 to include adopting rules to implement GS Chapter 18C, including establishing reasonable regulation of VGTs. Adds authority to charge new Article 9 applicants fees. 

Makes conforming changes to except new Article 9 activities and machines from the general prohibitions of electronic machines and video gaming machines under GS 14-306.4 and GS 14-306.1A.

Part I.

Establishes the Department of Adult Correction (DAC) as a single, unified cabinet-level department; makes conforming changes to GS 143B-6. Transfers and consolidates the functions, powers, duties, and obligations vested in the following programs, divisions, and entities currently located in the Department of Public Safety, to DAC as a Type I transfer: (1) Prisons Section, (2) Alcohol and Chemical Dependency Treatment Program (except the DART-Cherry and the Black Mountain Substance Abuse Treatment Center for Women), (3) Health Services Section, and (4) Correction Enterprises Section. Transfers the Grievance Resolution Board to DAC as a Type II transfer. Amends GS 143B-2 to make DAC subject to the Executive Organization Act of 1973. Amends GS 126-5 to include DAC among those departments to which the Governor may designated a total of 425 positions that are exempt from the NC Human Resources Act. 

Enacts new Article 16, Department of Adult Correction, in GS Chapter 143B. Establishes DAC to perform executive branch functions in relation to the detention and correction of adult offenders. Sets out the duties of the Secretary of the Department of Adult Corrections and defines terms for use in the Article. 

Recodifies GS 143B-707.3 (Medical costs for inmates and juvenile offenders) of Subpart A of Part 2 of Article 13 so that it is now under Part 1 of new Article 16. Repeals GS 143B-711 (concerning the organization of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety). Recodifies statutes throughout Part 1A of Article 13 and Subpart A of Part 2 of Article 13 under new Parts 2 and 3 of Article 16. Amends Parts 1-10 of Article 16 of GS Chapter 143B, including those newly recodified statutes, by assigning specified existing Department of Public Safety duties to DAC; removes references to juvenile offenders and deletes outdated language. Makes those same changes to new Part 3 of Article 16, concerning inmate medical Costs and Medicaid services. Places responsibility for various duties, including Medicaid services, under the DAC's Division of Health Services.

Amends GS 143B-1454 to transfer and vest all functions, powers, duties, and obligations currently vested in the State Department of Correction and Commission of Correction to the Division of Prisons of DAC. Makes conforming changes throughout new Part 2 of Article 16. Removes the duty of aftercare supervision.

Transfers reporting duties under GS 143B-1476 from the Department of Public Safety to the Department of Adult Correction and Juvenile Justice. 

Amends specified statutes throughout the following GS Chapters by making conforming changes: 1, 7A, 14, 15, 15A, 15B, 17C, 20, 58, 62, 65, 66, 108A, 122C, 16, 127A, 130A, 131E, 143, 146, 147, 148, 150B, 153A, 160A, 162, 163, and 164.

Part II. 

Repeals GS 143B-601(10), which gave the Department of Public Safety (DPS) power to carry out the relevant provisions of Part 2 of Article 13 (DPS) of GS Chapter 148, GS Chapter 15, GS Chapter 15A, and other provisions of the General Statutes governing the provision of necessary custody, supervision, and treatment to control and rehabilitate criminal offenders and thereby reduce the rate and cost of crime and delinquency. Amends GS 143B-604 to require a representative from the Division of Community Corrections of DPS (was, Division of Adult Correction and Juvenile Justice) to serve on the State Reentry Council Collaborative.

Renames the Juvenile Justice Section as the Division of Juvenile Justice and keeps it within DPS. Makes conforming changes throughout Part 3 of Article 13 of GS Chapter 143B. Also makes conforming changes to statues throughout the following GS Chapters: 7A, 7B, 14, 15, 15A, 66, 106, 114, 115C, 115D, 122C, 126, 143B, 148, 153A, and 162 .

Renames the Division of Adult Correction and Juvenile Justice as the Division of Community Corrections. Keeps it within DPS. Makes conforming changes, including changes throughout the following GS Chapters: 7B, 14, 15, 15A, 20, 50, 105, 115C, 135, 143B, and 148. 

Part III.

Makes conforming changes to the following by updating Division and Department duties and references: GS 7B-1402, GS 7B-2517, GS 14-196.3, GS 14-415.10, GS 15A-521, GS 15A-1340.18, GS 15A-1343, GS 15A-1343.2, GS 15A-1351, GS 15A-1368.6, GS 15A-1376, GS 115D-5, GS 115C-112.1, Part 10 of Article 5 of GS Chapter 12C, GS 122C-421, GS 143-138, GS 143-166.1, GS 143-166.2, GS 143-166.7, GS 143-166.13, GS 143B-179, GS 148-4.1, GS 148-29, GS 148-32.3, GS 148-40, GS 148-128, GS 150B-1, GS 153A-218, GS 162-39, GS 164-40, GS 164-43, and GS 164-47.

Amends GS 15A-2000 to include in aggravating circumstances instances when a capital felony was committed against an employee of the Division of Community Corrections or Division of Prisons (was, employee of the Division of Adult Correction and Juvenile Justice). 

Amends GS 17C-3 by including the Secretary of Adult Correction in the membership of the NC Criminal Justice Education and Training Standards Commission. 

Amends GS 120-12.1 by including DAC in those that must report to the specified NCGA committees and subcommittees on positions that have remained vacant for 12 months or more.

Amends GS 143B-1100 to include the Secretary of DAC in the membership of the Governor's Crime Commission. 

Appropriates $5.4 million in recurring funds for the 2021-23 biennium, and $1.6 million in nonrecurring funds for 2021-22 from the General Fund to DAC.

Effective July 1, 2021.

Includes whereas clauses. Titles the act as the "End Youth Nicotine Dependence Act" or the "END Act.". Enacts new GS 14-313.5 establishing the Tobacco Use Prevention Fund (Fund) in the Department of Health and Human Services (DHHS), Division of Public Health, Chronic Disease and Injury Section (Section), with the purpose of preventing the use of new and emerging tobacco products. Allows the Fund to be used to: (1) fund local health departments through a regional infrastructure to provide community-based education and training of youth leaders, schools, and local agencies regarding Centers for Disease Control and Prevention evidence-based tobacco use prevention and cessation interventions, including those addressing e-cigarettes; (2) for evidence-based media and education campaigns on the health risks of tobacco use, including e-cigarettes; (3) to increase military readiness of active-duty military in North Carolina through tobacco use prevention and cessation policy, systems, and environmental change; (4) for grants to community colleges to support a healthy, tobacco-free campus; (5) to track tobacco use and exposure among young people and populations most at risk for tobacco use; (6) to provide technical assistance and oversight of regional tobacco use prevention programs; and (7) to conduct an independent evaluation of the reach and effectiveness of the State's tobacco use prevention programs. Allows DHHS to use a specified amount for administrative purposes. Requires DHHS to report annually to the specified NCGA committee and division on expenditures made from the Fund, including specified information. 

Amends GS 143C-9-3 to appropriate $17 million from the Settlement Reserve Fund to the Fund.

Effective July 1, 2021.

Includes whereas clauses.

Enacts new GS 58-3-295 to require all contracts or agreements for participation as an in-network health services facility between an insurer offering health benefit plans in this state and a health services facility at which there are out-of-network providers who may be providing services to an insured person receiving care at the facility, to require that an in-network health services facility give at least 72 hours' advanced written notice to an insured with a scheduled appointment of any out-of-network provider who will be part of providing care. Sets out alternate requirements for timing of notice in situations in which there is not 72 hours between the appointment and when it is scheduled or when there is an emergency. Requires the notice to include: (1) all of the health care providers that will be rendering services who are not in-network and (2) the estimated cost to the insured of the services being rendered by those out-of-network providers. Sets out the procedure under which an insurer may recover overpayments made to the provider or facility. Defines a health care provider as any individual licensed, registered, or certified under GS Chapter 90, or under another state's laws, to provide health care services in the ordinary care of business or practice, as a profession, or in an approved education or training program in: (1) anesthesia or anesthesiology, (2) emergency services, (3) pathology, (4) radiology, or (5) rendering assistance to a physician performing any of these services.

Applies to contracts entered into, amended, or renewed on or after January 1, 2022.

To be summarized.

Titles the act as the "Energy Resilient Communities Act." Enacts new Part 32A, North Carolina Energy Resilient Communities, in Article 7 of GS Chapter 143B, providing as follows. Establishes the Energy Resilient Communities Fund (Fund) in the Department of Environmental Quality's State Energy Office (Office), to provide local governments with grants to help them achieve their sustainability goals through planning and implementation of clean energy projects that equitably advance energy efficiency, renewable energy, and related priorities. Allows for technical assistance grants of not more than $50,000 per local government; outreach, engagement, and planning grants of no more than $25,000 per local government; and grants for projects to develop and construct a clean energy microgrid that supports critical community infrastructure of no more than $150,000 per local government. Sets out a prioritization process that the Office must use in awarding grants. Requires local governments to match grant funds on the basis of one non-State dollar for every three dollars provided from grant funds. Allows the Office to retain a specified amount for administrative costs. Requires the Office to report annually to the specified NCGA commission and division on the commitment, disbursement, and use of funds allocated from the Fund. 

Appropriates $1 million for 2021-22 and $3 million for 2022-23 from the General Fund to the Office for the Fund. Effective July 1, 2021.

Includes whereas clauses concerning legislative redistricting. Sets forth 14 defined terms.

Details a seven-step process for establishing cluster maps to use for the apportionment of seats and the nomination and election of members of the NCGA Senate and House of Representatives following the return of the 2020 census. Defines a cluster as a grouping of one or more counties that is capable of containing a whole number of legislative districts. Requires the State Board of Elections (State Board) to develop and provide, through the Executive Director, to the Senate Pro Tempore, the House Speaker, and their Principal Clerks, a cluster map set from the data from the 2020 decennial census, as defined, within 28 days of receipt of the data. Defines a cluster map set to mean the total collection of optimum cluster maps for consideration prior to revising the legislative districts. Authorizes the State Board to delegate development responsibility to the Department of Mathematics at Duke University or the School of Government at UNC-Chapel Hill. Requires the Executive Director to ensure that each cluster map in the set includes specified notes and tables, shapefiles and block assignment files, and is provided in Portable Document Format. Requires the NCGA Principal Clerks to make the cluster map set available to legislators within 29 days of the date the data from the 2020 decennial census is provided to the State. Requires legislative committees tasked with reapportioning legislative districts to post the cluster map set on its website within 30 days of the date the data from the 2020 decennial census is provided to the State, and allows for at least five days of public comment before taking any committee action. Requires all legislative committees tasked with legislative redistricting to meet jointly to receive in-person public comment on the cluster map set provided by the State Board within 37 days of the date the data from the 2020 decennial census is provided to the State. Expressly prohibits legislative committees tasked with legislative redistricting to consider incumbency protection or partisan advantage when selecting a cluster map.

Amends GS 150B-21.3 regarding the effective dates of permanent rules as follows. Amends subsection (b) to reference new GS 150B-21.3B(b) which establishes procedures for legislative review of rules; deletes subsection (b1) which provided for delayed effective dates of rules; deletes subsection (b2) which established the process by which a person may object to a rule; deletes subsection (c) which authorized the Governor to make a rule effective by executive order; amends subsection (c1) to specify that only permanent rules that establish a new or increased fee are subject to the consultation requirements of GS 12-3.1; deletes subsection (d) which defined a legislative day and legislative day of adjournment; and amends subsection (f) to include approval of a rule for which no notice or hearing is required by the Codifier of Rules, if applicable, for certain permanent rules.

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

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

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

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

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

Revises GS 150B-21.18 to require the Codifier of Rules to publish the NC Administrative Code (NCAC) electronically on its website of the Office of Administrative Hearings (OAH; previously required to publish in print). Deems the electronic version of the Code the official publication. 

Repeals GS 150B-21.25 which provides for paid copies of the NC Register and the NCAC.

Makes the above provisions effective January 1, 2022. 

Adds to the exceptions to the consultation requirement of GS 12-3.1, temporary and emergency rules that establish a new fee or increase an existing fee. Revises the exceptions to include rules that establish a new fee or increase an existing fee or charge to State, federal, or local governmental units (was, rules establishing fees or charges to such governments). 

Revises requirements of the Chief Administrative Law Judge and administrative law judges of OAH under GS 7A-754. Requires compliance with the American Bar Association Model Code of Judicial Conduct for State Administrative Law Judges dated August 2018, as amended (was, a similar Model Code revised in 1998), with the provisions of the statute controlling as to the practice of law in lieu of Rule 3.10 of Canon 3, and GS 126-13 controlling as to political activity in lieu of Canon 4.

Amends GS 93B-8.1 to include a person who makes application for licensure from a State agency licensing board to the defined term applicant. 

Includes whereas clauses.

Enacts new Article 1M, Heath Care Heroes Conscience Protection Act, providing as follows. Gives a medical practitioner, health care institution, or health care payer the right not to participate in or pay for any health care service which violates his, her, or its conscience. Defines conscience as (1) the religious, moral, or ethical beliefs or principles held by any medical practitioner, health care institution, or health care payer or (2) any published religious, moral, or ethical guidelines or directives, mission statements, articles of incorporation, bylaws, policies, or regulations published or created by institutional entities or corporate bodies. Provides immunity from civil, criminal, and administrative liability for exercising right of conscience not to participate in or pay for a health care service; extends the immunity from liability to health care institutions when the exercise of conscience right is by a medical practitioner employed, contracted, or granted admitting privileges by the health care institution. Makes it unlawful to discriminate against any medical practitioner, health care institution, or health care payer that refuses to participate in or pay for a health care service on the basis of conscience. Defines discrimination as any adverse action against any medical practitioner, health care payer, or health care institution as a result of his, her, or its decision to decline to participate in a health care service on the basis of conscience, including any of the 15 specified actions; excludes the negotiation or purchase of insurance by a nongovernmental entity. 

Specifies that any medical practitioner, health care institution, or health care payer holding itself out to the public as religious, states in its governing documents that it has a religious purpose or mission, and has internal operating policies or procedures that implement its religious beliefs, has the right to make employment, staffing, contracting, and admitting privilege decisions consistent with its religious beliefs. Specifies that the Article does not override the requirement to provide emergency medical treatment. 

Allows any medical practitioner, health care institution, or health care payer to bring a civil action for damages or injunctive relief for violations of this Article; prohibits bringing an action against an individual who declines to use or purchase health care services from a specific medical practitioner, health care institution, or health care payer for exercising the rights granted in this Article. Allows recovery of treble damages and costs of the action and reasonable attorneys' fees; also allows for injunctive relief.

Prohibits discriminating against a medical practitioner for: (1) providing, causing to be provided, or taking steps to provide or cause to be provided to his or her employer, the Attorney General, any State agency, the US Department of Health and Human Services, or any other federal agency, any information or an act or omission that is a violation of this Article; (2) testifying or preparing to do so, in a proceeding concerning a violation of this Article; or (3) assisting or participating in a proceeding concerning a violation of this Article. Also prohibits discrimination because the medial practitioner disclosed any information that the practitioner reasonably believed was evidence of the listed violations.

Includes a severability clause.

Effective October 1, 2021.

Part I.

Amends GS 143B-1321 to give the Department of Information Technology (Department) the power and duty to prepare and maintain statewide broadband maps to identify the capabilities and needs related to broadband access and serve as the sole provider of broadband mapping for State agencies. Amends GS 143B-1370 by making conforming changes. Amends GS 143B-1373 to require the Office of Broadband Infrastructure in the Department to serve as the designated agency for the receipt of all State, federal, and private grants, gifts, or matching funds for broadband mapping; requires the funds to remain unexpended until appropriated by the NCGA.

Appropriates $1 million for 2020-21 from the General Fund to the Department for broadband mapping.

Part II.

Requires the Institute for Emerging Issues at NC State University (IEI) to host a structured stakeholder process to ascertain ways to relieve regulatory burdens with the goal of expediting broadband expansion in the State. Appropriates $25,000 for 2020-21 from the General Fund to NC State University to be allocated to IEI to host the process.

Sets out headings for Parts III-VII, which are currently blank.

Amends GS 160D-804 by requiring the Department of Transportation to add transportation improvements for those that are intended to be designated as public, to the State highway system for maintenance no later than 90 days after receiving the filing of the certificate of completion by the engineer of record.

To be summarized.

Requires the Department of Commerce (DOC) to establish the North Carolina Broadband Assistance Program (Program). Requires DOC to coordinate with county departments of social services to determine eligibility for low-income families for the Program. Makes families with annual household income at or below 100 of the federal poverty level eligible for free broadband service. Provides a credit of at least $15 per month for broadband service to families with annual household incomes above 100%, but no greater than 135%, of the federal poverty level and that include at least one adult individual or dependent child who qualifies for or participates in at least one of the six specified assistance programs. Allows credits to be adjusted according to family size.

Requires program applicants to demonstrate income qualifications at least annually. Requires providing information so that funds can be provided directly to the broadband service provider. Allows terminating participation in the Program upon notification by the broadband service provider that the Program recipient's account is more than 45 days past due. Requires DOC to report on the Program quarterly beginning October 1, 2021, to the specified NCGA committee and division. Specifies information that must be included in the report, including any legislative recommendations relating to the Program.

Appropriates $250 million for 2021-22 from the General Fund to DOC for the Program.

Effective July 1, 2021.

Includes whereas clauses. Appropriates $100,000 for 2021-22 from the General Fund to NC Stop Human Trafficking to be used to help the organization's efforts to stop human trafficking. Effective July 1, 2021.

Appropriates $250,000 for 2021-22 from the General Fund to the Lost Sheep Resource Foundation to be used for historic preservation. Effective July 1, 2021.

Amends GS 105-187.19 to require that 17% of the net proceeds of the scrap tire disposal tax be credited to the Scrap Tire Disposal Account, with 13% credited to the General Fund (was, the entire 30% was credited to the General Fund).

Reenacts GS 130A-309.36, Scrap Tire Disposal Account, as it existed immediately prior to repeal and makes the following changes. Removes the deadline for the report to the Environmental Review Commission (ERC) on the the implementation of the NC Scrap Tire Disposal Act.

Repeals GS 130A-309.64 concerning grants for the disposal of scrap tires and activities related to scrap tires.

Amends GS 130A-309.06 to require the Department of Environmental Quality (DEQ) to include in its annual report to the ERC and specified NCGA division on solid waste management, the beginning and ending balances in the Scrap Tire Disposal Account for the reporting period, and the amount credited to the Scrap Tire Disposal Account during the reporting period. Makes conforming changes.

Amends GS 130A-309.09C to provide that local governments that do not comply with the requirements of GS 130A-309.09A(b) (requiring making a good-faith effort to achieve the State's 40% municipal solid waste reduction goal and to comply with the State's comprehensive solid waste management plan), GS 130A-309.09A(d) (requiring annual reporting on the solid waste management programs and waste reduction activities within the unit of local government), and GS 130A-309.09B(a) (including specific requirements for a local government's solid waste reduction program) are not eligible for grants from the Scrap Tire Disposal Account.

Effective July 1, 2021.

Expands GS 166A-19.24 to authorize public bodies within an emergency area to conduct remote meetings throughout the duration of a municipal or county declaration of emergency under GS 166A-19.22, in addition to declarations under GS 166A-19.20. Establishes a presumption that remote meetings are open to the public if the public body has complied with the statute's requirements. Adds new authority for a public body that has issued notice for an in-person meeting to amend the notice to make the meeting a remote meeting up to six hours before the noticed time for the in-person meeting. Requires the revised notice and the remote meeting to comply with the statute's requirements. Revises the public body's authority to conduct and take action on a public hearing required or authorized by law during a remote meeting to require that the public body for submission of written comments on the subject of the public hearing between publication of any required notice and 24 hours prior to the noticed time for the hearing (was, between publication of any required notice and 24 hours after the public hearing). 

Enacts GS 143C-6-6.1, directing State agencies to annually eliminate all positions within the agency that have been vacant for at least 12 months, beginning October 1, 2021. Requires elimination in conjunction with the Office of State Budget and Management (OSBM). Provides for half of the total amount of funds resulting from each elimination to remain unexpended until legislatively appropriated, with remaining funds used by the State agency from which the positions were eliminated in accordance with applicable state law. Explicitly limits agency authority to eliminate vacant positions and to use resulting funds to the authority granted by this statute or the Current Operations Appropriations Act. Directs OSBM to report to the specified NCGA committee and division within 15 days from the date positions are eliminated pursuant to the statute, detailed and organized as specified. 

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. 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. 

Appropriates $85,000 for 2021-22 and $85,000 for 2022-23 from the General Fund to the Department of Health and Human Services, Division of Public Health, as title indicates, to reduce Sudden Infant Death Syndrome and infant sleep-related deaths in the state. Effective July 1, 2021.

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Enacts new GS 93B-15.2 to require an occupational licensing board or a State agency licensing board to issue a license, certification, or registration to any applicant who establishes residence in this state, and satisfies all of stated nine conditions, including: (1) the applicant is currently licensed, certified, or registered in at least one other jurisdiction in the discipline applied for in this state at the same or substantially equivalent practice level; (2) the applicant has been licensed, certified, or registered by another jurisdiction for at least one year; (3) the applicant is in good standing in all jurisdictions in which the applicant holds a license, certification, or registration; and (4) the applicant does not have any active or pending disciplinary actions from an occupational licensing board or agency in another jurisdiction, and, if applicable, the occupational licensing board or State agency has completed verification. Sets out actions the occupational licensing board must take when an applicant has any prior disciplinary actions from an occupational licensing board or State agency licensing board at the time of application. Requires online publication of criteria or requirements for licensing, certification, or registration of the required documentation. Specifies that the statute does not prevent any occupational licensing board or State agency licensing board in this state from entering into a reciprocity agreement with another jurisdiction, or invalidate any existing reciprocity agreement. Provides that a license, certification, or registration granted by an occupational licensing board or State agency licensing board under this statute is valid only in this state and does not extend validity to other jurisdictions. Provides that any individual licensed, certified, or registered under this statute is entitled to the same rights and subject to the same obligations as individuals licensed, certified, or registered by an occupational licensing board or State agency licensing board in this state under any other provision of law. States that nothing in the statute prohibits an individual from proceeding under the existing licensure, certification, or registration requirements established by an occupational licensing board or State agency licensing board in this state.

Requires occupational licensing boards and State agency licensing boards to report annually to the specified entities, beginning October 31, 2022, on the number of individuals who: applied for licensure, certification, or registration in accordance with this act; received licensure, certification, or registration in accordance with this act; and were denied licensure, certification, or registration in accordance with this act. 

Applies to applications for licensure, certification, or registration received on or after October 1, 2021.

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Identical to H 497, filed 4/5/21.

Sets a monthly teacher salary schedule for "A" teachers for 2021-22 for licensed public school personnel classified as teachers, based on years of experience, ranging from $3,500 for teachers with 0 years of experience to $5,460 for 25 or more years of experience.

Provides for a 12% salary supplement for licensed teachers who have National Board for Professional Teaching Standards certification; a 10% salary supplement for licensed teachers classified as "M" teachers; a $126 salary supplement for licensed teachers with licensure based on academic preparation at the six-year degree level, in addition to the "M" teachers salary supplement; a $253 salary supplement for licensed teachers with licensure based on academic preparation at the doctoral degree level, in addition to the "M" teachers salary supplement; and a 10% salary supplement for certified school nurses.

Requires that the first step of the salary schedule for school psychologists, school speech pathologists licensed at the master's degree level or higher, and school audiologists licensed at the master's degree level or higher, must be equivalent to the sixth step of the "A" salary schedule. Provides for a 10% salary supplement. Deems these employees eligible to receive salary supplements equivalent to those of teachers for academic preparation at the six-year degree level or the doctoral degree level.

Requires that the twenty-sixth step of the salary schedule for school psychologists, school speech pathologists licensed at the master's degree level or higher, and school audiologists licensed at the master's degree level or higher must be 7.5% higher than the salary received by these same employees on the twenty-fifth step of the salary schedule.

Provides that in lieu of the amounts of annual longevity payments to teachers paid on the teacher salary schedule, beginning with the 2014-15 fiscal year, the amounts of those longevity payments are included in the monthly amounts under the teacher salary schedule.

Details teacher compensation for the 2021-22 school year based on either (1) the applicable salary schedule; (2) the sum of the salary the teacher received in 2013-14, longevity pay for the 2013-14 school year, and annual bonus provided in 2014-100; or (3) the sum of the salary and annual bonus the teacher received in the 2014-15 school year, with the compensation amount determined to be equal to the greater of those amounts. Provides that teacher includes instructional support personnel.

Appropriates $179 million in recurring funds from the General Fund to the Department of Public Instruction for 2021-22 to increase salaries for teachers with at least 15 years of experience as specified. 

Effective July 1, 2021. 

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