Part I.

Requires the Department of Justice (DOJ) to alert law enforcement agencies to available grant funds and assist law enforcement agencies with drafting and submitting grant proposals and applications. 

Appropriates $200,000 in recurring funds for each year of the 2021-23 biennium from the General Fund to DOJ to hire two full-time grant writers.

Effective July 1, 2021.

Part II.

Appropriates $250,000 in recurring funds for each year of the 2021-23 biennium from the General Fund to DOJ to award grants to law enforcement agencies for initiatives supporting community policing. Effective July 1, 2021.

Part III.

Appropriates $500,000 in recurring funds for each year of the 2021-23 biennium from the General Fund to DOJ to be used for grants: (1) provided to law enforcement agencies to be awarded to law enforcement officers exhibiting exemplary service and (2) awarded to law enforcement agencies for meeting racial or gender diversity benchmarks. Caps grant awards at $10,000. Effective July 1, 2022.

Part IV.

Enacts new GS 17C-17 to require the North Carolina Criminal Justice Education and Training Standards Commission to develop and maintain a statewide database that contains all revocations and suspensions of law enforcement officer certifications by the Commission, to be accessible to DOJ and law enforcement agencies for hiring purposes. Requires use of the database by all law enforcement agencies in the state before making a hiring decision. Enacts new GS 17E-14 setting out identical requirements for the North Carolina Sheriffs' Education and Training Standards Commission to develop and maintain a statewide database that contains all revocations and suspensions of justice officer certifications by the Commission. Effective October 1, 2021.

Part V.

Amends GS 15A-401(d)(2), which sets out when a law-enforcement officer is justified in using deadly physical force, by making the following changes. Adds that the use of deadly force includes strangleholds, lateral vascular neck restraints, carotid restraints, or any other tactics that restrict oxygen or blood flow to the head or neck. Adds that a law-enforcement officer who witnesses another law-enforcement officer using excessive force that is not justified or is otherwise abusing a suspect or arrestee has a duty to intervene and to report the use of excessive force or the abuse. Requires in all circumstances in which a law-enforcement officer uses force of any kind, that a law-enforcement officer use the minimum amount of force reasonably necessary to accomplish the law-enforcement action and attempt to use de-escalation tactics.

Enacts GS 114-2.8 requiring the DOJ, in consultation with the Training Commissions, to develop and maintain a statewide database to be used by law enforcement agencies that tracks all critical incident data of law enforcement officers in North Carolina. Defines critical incident as an incident involving any use of force by a law enforcement officer that results in a person's death or serious bodily injury. Makes information in the database confidential. Enacts the following statutes requiring the specified entities to provide DOJ with information for this database: (1) GS 20-196.6, requiring the State Highway Patrol to provide information on the use of force by State Troopers; (2) GS 74E-10.1, requiring company police agencies to provide information on use of force by its law enforcement officers; (3) GS 74G-10.1, requiring campus police agencies to provide information on the use of force by its law enforcement officers; (4) GS 143B-927.1, requiring the SBI to provide information on the use of force by its law enforcement officers; (5) GS 153A-213, requiring counites to provide information on the use of force by its law enforcement officers; and (6) GS 160A-290, requiring cities to provide information on the use of force by its law enforcement officers.

The above provisions are effective October 1, 2021.

Requires the Attorney General, in consultation with the North Carolina Sheriffs' Association and the North Carolina Association of Chiefs of Police, to develop uniform use-of-force policies that may be adopted by all law enforcement agencies in the state. Requires the policies to be submitted to the specified NCGA committee by December 1, 2022, published on DOJ's website, and distributed digitally to all law enforcement agencies in the state. 

Part VI.

Amends GS 17C-6 to also give the North Carolina Criminal Justice Education and Training Standards Commission the power to establish minimum: (1) age requirement of 21 for qualification for entry level employment as a criminal justice officer; (2) mental health screening protocols that must be met to qualify for entry level employment and retention as a criminal justice officer, to include a psychological screening within one year prior to certification; and (3) annual mental health screening protocols for criminal justice officers.

Amends GS 17E-12 to allow the North Carolina Sheriffs' Education and Training Standards Commission access to a person's misdemeanor conviction records and allow the Commission to deny, suspend, or revoke a person's certification based solely on that person's conviction of four or more misdemeanors.

The above provisions are effective January 1, 2022.

Part VII.

Appropriates $1 million in recurring funds for each year of the 2021-23 fiscal biennium from the General Fund to DOJ for grants to law enforcement agencies to temporarily provide funding for detective or other investigative law enforcement positions in order to aid in the investigation of person crimes that would constitute a charge of a Class D felony or higher. Effective July 1, 2021.

Part VIII.

Includes a severability clause.

Titles the act as the "Consumer Privacy Act of North Carolina."

Enacts Article 2B, Consumer Privacy Act, to GS Chapter 75. Sets forth 31 defined terms. Defines the scope of the act include persons that conduct business in the State or produce products or services that are targeted to residents and that either (1) during a calendar year, control or process personal data of at least 100,000 consumers or (2) control or process personal data of at least 25,000 consumers and derive over 50% of gross revenue from the sale of personal data, as defined. Defines personal data to mean any information that is linked or reasonably linkable to an identified or identifiable natural person; excludes de-identified data, as defined, or publicly available information. Enumerates seven exemptions from the scope of the Article, including political subdivisions of the State, nonprofits, public school units and institutions of higher education. Lists 14 data categories exempt from the scope of the Article, including protected health information under the federal HIPPA (Health Insurance Portability and Accountability Act), information used only for public health activities and purposed authorized by HIPPA, personal data regulated by the federal FERPA (Family Educational Rights and Privacy Act), and personal data collected, processed, sold, or disclosed in compliance with the federal Farm Credit Act. 

Mandates controllers, defined as natural or legal persons that either alone or jointly determine the purpose and means of processing personal data, to comply with an authenticated (as defined) consumer request to exercise any of the five specified consumer rights, which include the right (1) to confirm whether or not a controller is processing the consumer's personal data and to access such personal data, (2) to correct inaccuracies in the consumer's personal data, (3) to delete personal data provided by or obtained about the consumer, (4) to obtain a copy of the consumer's personal data that the consumer previously provided to the controller in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance, where the processing is carried out by automated means, and (5) to opt out of the processing of the personal data for purposes of targeted advertising (as defined), the sale of personal data, or profiling (as defined) in furtherance of decisions that produce legal or similarly significant effects concerning the consumer. Defines consumer to mean a natural person who is a resident of the State acting only in an individual or household context; excludes a natural person acting in a commercial or employment context. Authorizes consumers to invoke the stated rights at any time by submitting a request to a controller; allows the parent or legal guardian of a child (defined to mean a natural person under 13 years old) to invoke the rights on behalf of the child regarding processing personal data belonging to the child. Details the procedure and duties of controller upon receipt of a consumer's request to exercise the consumer's rights, including responding within 45 days subject to a 45-day extension as specified, with justification for declining to take action and instruction for appeal; provision of requested information at no cost up to twice annually per consumer, with unfounded, excessive, or repetitive requests subject to administrative costs or denial; and request additional information for authentication of the request. Does not require the controller to comply with a consumer request that cannot be authenticated. Requires controllers to establish an appeals process, with a 60 day response period required for appeals determinations and an online mechanism for consumers to file complaints regarding denied appeals to the Attorney General. 

Establishes requirements and limitations of controllers, including limiting the collection of personal data to what is adequate, relevant, and reasonably necessary in relation to the processing purpose disclosed to the consumer; establishing and maintaining reasonable data security practices; and prohibiting processing sensitive data concerning a consumer without obtaining the consumer's consent (with distinct federal requirements regarding the sensitive data of a child). Defines sensitive data as personal data revealing racial or ethnic origin, religious beliefs, mental or physical diagnosis, sexual orientation, or citizenship or immigrations status; the processing of genetic or biometric data (as defined) for the purpose of uniquely identifying a natural person; the personal data collected from a known child; and precise geolocation data (as defined). Bars discrimination against consumers who exercise their consumer rights. Voids any provision of a contract or agreement that waives or limits consumer rights established in the Article. Details privacy notice requirements controllers must provide to consumers, including notice of the categories of personal data processed by the controller and the purpose for processing personal data. Requires disclosure of a controller of the sale of personal data to third parties or processing of personal data for targeted advertising, with directions on how to opt-out of such processing. Requires controllers to establish and describe in the privacy notice how consumers can submit a request to exercise their rights, as specified. 

Details the responsibilities and restrictions for processors in assisting controllers to meet the Article's requirements. Requires controllers and processors to contract, and details contract requirements. Provides for the effect of a processing relationship upon liability, and determination of actions as a controller versus a processor.

Directs controllers to annually conduct and document a data protection assessment of five activities involving personal data, detailing five components and analysis of each, such as benefits from the processing to the controller, consumer and other stakeholders, the potential risks of the consumer associated with the processing, and a cybersecurity analysis, as specified. Authorizes the Attorney General to request a controller to disclose any data protection assessment relevant to an investigation, with assessments provided deemed confidential and exempt from GS Chapter 132. Provides further parameters regarding assessments. Makes the data protection assessment requirements applicable to processing activities created or generated after January 1, 2023; specifies that the requirements are not retroactive. 

Lists the duties of a controller with regard to de-identified data, including public commitment to maintaining and using de-identified data without attempting to re-identify the data. Provides for three criteria which do not require a controller or processor to comply with an authenticated consumer rights request. Excludes certain pseudonymous data, defined as personal data that cannot be attributed to a specified natural person without the use of additional information that is kept separately and not attributable to an identified or identifiable natural person, from the consumer rights. Provides for the controller's responsibilities regarding pseudonymous data or de-identified data disclosed through contractual commitments with third parties, as defined. 

Details the limitations of the Article, describing abilities of a controller or processor that are not restricted by the Article, interaction of the Article's requirements with evidentiary privileges, pass-through liability of controllers and third parties in violation of the Article, application of the Article to legally protected rights, authorized personal data processing purposes, and duties for exemption qualification. 

Deems violations of the Article an unfair and deceptive trade practice. Places enforcement authority with the Attorney General, except for violations resulting in personal injuries that provide for a private right of action. Allows for 30 days' notice to violators to cure violations as specified, prohibiting further action given a written statement that alleged violations have been cured and no further violations will occur. Authorizes the Attorney General to seek an injunction and impose a civil penalty of up to $5,000 for each violation following the cure period or breach of an express written statement provided by the violator. Allows recovery of reasonably expenses incurred in investigating and preparing the case. Provides for an injured person seeking damages to bring a civil action for injunction, and permits the award of reasonably attorneys' fees to the prevailing party. Grants an estate the right to recover damages. Provides for venue and establishes a three year statute of limitations. 

Creates the Consumer Privacy Fund (Fund) to support the work of the Attorney General's enforcement of the Article, subject to legislative appropriation. Directs the Joint Legislative Oversight Committee on Information Technology to create a work group to review the Article and its implementation, and annually report to the Committee by October 1, beginning in 2021. Lists ex officio members of the work group and permits inclusion of industry representatives and the public. 

Makes conforming changes to the power and duties of the Attorney General under GS 114-2.

Effective January 1, 2023. 

Makes the following revisions to Subpart 3, Part 2I, Article 9, GS Chapter 130A, which governs the use of coal combustion products in structural fill.

Amends GS 130A-309.219 to provide that projects using coal combustion products as structural fill involving placement of less than 12,400 tons of coal combustion products per project are deemed permitted, subject to the permit requirements of the statute (previously, deemed permitted projects involving the placement of less than 8,000 tons of coal combustion products per acre or less than 80,000 tons total per project), with application to the Department of Environmental Quality (Department) and application content requirements met as provided in existing law. Adds that such applications must include a site plan detailing where the fill will be placed, including reference to project siting requirements set forth in State law. Similarly changes the threshold for required individual permitting to now require persons commencing or operating a project using coal combustion residuals as structural fill involving the placement of 12,400 or more tons of coal combustion products per project (was, commencement or operation of a project using coal combustion residuals as structural fill involving the placement of 8,000 or more tons of coal combustion products per acre or 80,000 or more tons of coal combustion products total per project) to first receive an individual permits from the Department. Makes conforming changes. 

Amends GS 130A-309.220 to require projects involving the placement of 12,400 or more tons of coal combustion products per project to have an encapsulation liner system that meets the existing system requirements set forth in subsection (b) (previously, required for projects involving the placement of 8,000 or more tons of coal combustion products per acre or 80,000 or more tons of coal combustion products in total per project). 

Enacts GS 130A-309.220A to establish requirements for projects that use coal combustion products for structural fill in open pit mines, without regard to the amount of coal combustion products to be used in the projects. Requires a five-foot separation between the base of coal combustion products used and the uppermost aquifer, or the applicant must demonstrate that there will not be an intermittent, recurring, or sustained hydraulic connection between any portion of the base of the coal combustion products used and the uppermost aquifer due to normal fluctuations in groundwater elevations, with all coal combustion products required to have a four-foot separation between the seasonal high groundwater table. Makes design and construction standards set forth in GS 130A-220(b) that require a liner, leachate collection system, cap, and groundwater monitoring system apply. Makes conforming changes to GS 130A-309.220(c) regarding siting for structural fill facilities.

Amends GS 130A-309.221, making the financial assurance requirements for permit applicants apply for projects involving placement of 12,400 or more tons of coal combustion projects per project, rather than 8,000 or more tons of coal combustion products per acre or 80,000 or more tons of coal combustion products in total per project. 

Amends GS 130A-309.222, now requiring a constructor or operator to conduct post-closure care for projects involving placement of 12,400 or more tons of coal combustion projects per project, rather than 8,000 or more tons of coal combustion products per acre or 80,000 or more tons of coal combustion products in total per project. 

Increases the standard deductions provided for eligible individual income tax under GS 105-153.5(a)(1) to $25,500 for married, filing jointly/surviving spouse (was $21,500); $19,125 for head of household (was $16,125); and $12,750 for single or married, filing separately (was $10,750). Effective for taxable years beginning on or after January 1, 2022.

Further amends GS 105-153.5(a)(1), as amended, to eliminate the statutory standard deduction amounts and instead provide for a standard deduction in the amount allowed as the basic standard deduction for taxable income under section 63 of the Internal Revenue Code (Code). Effective for taxable years beginning on or after January 1, 2023.

Changes the penalties for failure to pay taxes due under GS 105-236 to require a 2% assessment of the amount of the tax if failure is for no more than one month, with an additional 2% for each additional month, or fraction thereof, during which the failure continues, with a 10% aggregate maximum assessment permitted (was a flat 10% assessment for failure to pay taxes when due). Applies to penalties assessed on or after January 1, 2022.

Section 4

Makes the following changes to Part 1A, Article 4, which governs S Corporation income tax. 

Adds and defines a taxed S Corporation under GS 105-131 to mean an S Corporation for which a valid election for taxation under GS 105-131.1A, as enacted, is in effect.

Enacts GS 105-131.1A, authorizing an S Corporation to elect on its timely filed annual tax return to have income tax imposed on the S Corporation at the rate for individual income tax under GS 105-153.7 (currently set at 5.25% for taxable years beginning on or after January 1, 2019) for any taxable period covered by the return. Bars revocation of the election after the due date of the return including extensions. Provides for the tax to to be levied, collected, and paid annually. Establishes parameters for determining taxable income of a taxed S Corporation attributable to the State. Provides for a taxed S Corporation that qualifies for a credit to apply each shareholder's pro rata share of the credits against the shareholder's pro rata share of the income tax imposed. Requires the S Corporation to pass through to its shareholders any credit required to be taken in installments if the first installment was taken in a taxable period that the election under the statute was not in effect. Prohibits passing through credits allowed for any taxable period the S Corporation makes the election (including the carryforward of unused portions of such credit), or any subsequent installment of a credit required to be taken in installments after election is made (including the carryforward of unused portions of such installments). Provides for credit against income taxes imposed for income taxes imposed by and paid to another state or country, as specified. Provides for shareholders to deduct their pro rata share of income from the taxed S Corporation as provided under GS 105-153.5(c3)(1), as enacted, subject to the S Corporation's full payment of taxes due within the time allowed for filing the return. and requires shareholders to make an addition for their pro rata share of loss from the taxed S Corporation as provided under GS 105-153.5(c3)(2), to the extent of inclusion in the taxed S Corporation's taxable income and the taxpayer's adjusted gross income. Details requirements for the taxed S Corporation to pay the full amount shown on the return within the time allowed for filing the return. Allows the S Corporation to request a refund for overpayment. Provides for collection of tax debt following proper notice by the Secretary of Revenue. Provides for the basis of shareholders of taxed S Corporations in their stock and indebtedness of the S Corporation to be determined as if the election had not been made. 

Makes conforming changes to GS 105-131.1, which exempts S Corporations from the income tax imposed on C Corporations under GS 105-130.3 and provides for income tax of S Corporation shareholders.

Amends GS 105-131.7 to make the general provisions for S Corporations regarding shareholder agreements and mandatory withholdings set forth in subsections (b) through (f) not applicable to taxed S Corporations. 

Adds taxed partnership and taxed S Corporation to the defined terms under GS 105-153.3, applicable to individual income tax provisions of Part 2 of Article 4. Adds and defines taxed pass-through entity to mean a taxed S Corporation or a taxed partnership.

Amends GS 105-153.5, enacting new subsection (c3) to specify four adjustments that taxpayers must make to the taxpayer's adjusted gross income, providing for deduction for a taxpayer who is either a shareholder or partner of a taxed pass-through entity for the pro rata or distributive share of income from the respective entity to the extent it was included in the taxed entity's NC taxable income and the taxpayer's adjusted gross income; and an addition of the amount of the same described taxpayer's pro rata or distributive share of loss from the taxed pass-through entity to the extent it was included in the taxed entity's NC taxable income and the taxpayer's adjusted gross income. 

Amends GS 105-153.9 to disallow shareholders of taxed S Corporations or partners of a taxed partnership a credit for taxes paid by the taxed S Corporation or taxed partnership to another state or country on income that is taxed to the taxed S Corporation or taxed partnership. Deems the shareholder's pro rata share or the partner's distributive share of the income of the taxed pass-through entity to be treated as income taxed to the shareholder or partner under the Individual Income Tax Act, and a shareholder's pro rata share or partner's distributive share of the tax imposed on the taxed pass-through entity by election under new GS 105-131.1A or new GS 105-154.1 to be treated as tax imposed on the shareholder or partner under the Individual Income Tax Act (Part 2 of Article 4), for purposes of allowing the credit for taxes paid to another state or country by a taxed S Corporation's shareholders or a taxed partnership's partners. Entitles a taxed partnership to a credit for all such taxes paid. Makes conforming changes to GS 105-131.8 regarding shareholder income tax by a state that does not measure the income of S Corporation shareholders by the income of the S Corporation. 

Enacts GS 105-154.1, authorizing a partnership to elect on its timely filed annual tax return to have income tax imposed on the partnership at the rate for individual income tax under GS 105-153.7 (currently set at 5.25% for taxable years beginning on or after January 1, 2019) for any taxable period covered by the return. Excludes publicly traded partnerships or partnerships that have at any time in the taxable year had a partner that is not an individual, an estate, a trust, or an organization described in section 1361(c)(6) of the Code (concerning qualified trusts for employer bonus, pension, and profit-sharing plans). Enacts substantively identical provisions to those enacted in new GS 105-131.1A for taxed S Corporations, made applicable for taxed partnerships, except as follows. Provides distinguished parameters for the determination of taxable income of taxed partnerships attributable to the State. Does not provide a provision comparable to that of the basis for S Corporation shareholder's stock and the S Corporation's indebtedness. 

Amends GS 105-160.4 to disallow fiduciaries and beneficiaries of estates and trusts who are shareholders of a taxed S Corporation a credit for income taxes paid by the estates and trusts or by the taxed S Corporation to another state or country on income that is taxed to the taxed S Corporation; entitles the S Corporation to a credit under GS 105-153.9, as amended, for all such taxes paid. Establishes identical provisions regarding taxed partnerships; entitles the taxed partnership to a credit for all such taxes paid. 

Makes the requirements of Article 4C, which requires declarations of estimated corporate income tax and installment payments of estimated income tax, apply to taxed pass-through entities in the same manner as a taxed corporation under Article 4, except GS 105-163.41(d)(5) (regarding underpayment interest) does not apply to a taxable year of a taxed pass-through entity if it was not a taxed pass-through entity during the preceding year. 

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

Includes NCGA findings.

Establishes the 11-member Study Committee on Automation and the Workforce (Committee) to serve as a study and advisory committee on the effects of automation on the State's workforce, with a special emphasis on low-income and minority workers. Sets out specific issues the Committee must study. Sets out provisions for the appointment of the members by the Governor, President Pro Tempore of the Senate, and Speaker of the House of Representatives; names ex officio members. Requires appointments to be made to the Committee by October 1, 2021, and with membership terms commencing on October 1, 2021. Member terms are for two years; allows voting members to be reappointed to successive terms. Requires the election of members to conducted during the initial organizational meeting with elected members' terms deemed to begin on October 1, 2021. Provides for the appointment of co-chairs, removal of members, per diem and travel and subsistence expenses, establishing a quorum and assignment of staff. Requires the Committee to report to the Governor and specified NC commission before the 2023 convening of the NCGA, with reports due biennially after that.

Includes whereas clauses.

States the NCGA's intent to use American Rescue Plan Act of 2021 funds for the Department of Revenue (DOR) to provide economic support to low-income families and families with employment interruptions resulting from the COVID-19 pandemic.

Creates the Individual and Family Relief Grant Program (Program) to be administered by DOR, to provide one-time grants to eligible individuals. Defines an eligible individual as one whose application is postmarked on or before July 1, 2021, and meets all of the following: (1) the applicant has either a filing status of single and an adjusted gross income of less than $35,000 or any other filing status and an adjusted gross income of $53,000 and (2) the applicant provides a name, mailing address, and any other required information. Sets the grant amount at $1,000 for an eligible individual who received benefits from the Division of Employment Security for unemployment for at least three months during the 2020 taxable year, and $250 for any other eligible individual. Requires grants to be awarded by October 1, 2021. Sets out the process for distributing the grant funds.

The above provisions are effective when an act appropriating funds for implementation becomes effective.

Enacts new GS 105-153.11 giving a credit to a taxpayer who has one or more qualifying relatives, as determined according to Table 5 of Publication 501 of the Internal Revenue Service, in the amount of $250. Requires a nonresident or part-year resident claiming the credit to reduce the credit amount as specified. Effective for taxable years beginning on or after January 1, 2021. Repeals the credit, effective for taxable years beginning on or after January 1, 2022.

Amends GS 105-153.5 to allow a taxpayer to deduct from the taxpayer's adjusted gross income the amount of a grant from the Program paid to the taxpayer during the taxable year. This is effective when the act becomes law and is repealed for taxable years beginning on or after January 1, 2022.

Section 1

Amends the requirements that must be met under GS 106-737 in order for farmland to qualify for inclusion in a voluntary agricultural district, as follows: (1) requires it to be real property used for bona fide farm purposes (was, engaged in agriculture), defined as the term is defined under two existing statutes, including the production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture; (2) requires it to be real property subject to a conservation easement agreement and adds that the agreement must be between the local government administering the voluntary agricultural district program (was, the county) and the land owner, and adds the requirement that the form of the agreement be approved by the agricultural advisory board; and (3) retains other existing requirements.

Amends the process for revoking a conservation easement under GS 106-737.1 to require the landowner to give written notice to the local government administering the voluntary agricultural district program instead of the county.

Amends GS 106-738, which sets out the requirements for adopting an ordinance to establish a voluntary agricultural district, as follows. Deletes all of the existing requirements and instead requires the ordinance to provide: (1) for the establishment of voluntary agricultural districts upon the execution of a conservation agreement and (2) the minimum size, including specified measurements. Amends the stated purpose of these districts by replacing increasing protection from nuisance suits with decreasing the likelihood of legal disputes, such as nuisance actions between farm owners and their neighbors.

Amends GS 106-739 by amending the requirements for the agricultural advisory board (board), as follows. Requires the board to be organized and appointed by the board of county commissioners or the city council adopting the ordinance (was, organized and adopted as the county or city adopting the ordinance deems appropriate). Amends the board's authority as follows: (1) allows the board of county commissioners or city council to delegate the authority to make decisions on the establishment and modification of voluntary agricultural districts to the board; makes the board's decisions appealable to the county commissioners or city council and (2) gives the board authority to execute agreements with landowners for enrollment of land in a voluntary agricultural district. Adds requirements for board membership including broad geographical representation and representation of all segments of agricultural production; requires all members to be actively engaged in agriculture. Allows the board, at the discretion of the county commissioners or city council, to use an existing local government agency for administration, recordkeeping, and related tasks.

Amends GS 106-741 to require land records to include notice reasonably calculated to alert a person doing title research that the tract is located within one-half mile of the property line of any tract of land enrolled in a voluntary agricultural district (previously also included within one-half mile of a poultry, swine, or dairy farm or 600 feet of any other qualifying farm). Removes the provision prohibiting a cause of action when a person doing the research fails to report to any person on the proximity of the tract to a qualifying farm or voluntary agricultural district. Removes the provision prohibiting a cause of action due to the failure of a person licensed under GS Chapters 93A (real estate license laws) or 93E (North Carolina Appraisers Act) to report to any person the proximity of the tract to a qualifying farm or voluntary agricultural district. 

Amends GS 106-743 to require the city or county annual report to the Commissioner of Agriculture to also include the number of enrolled farms and acres. Makes language gender-neutral.

Amends GS 106-743.1, concerning the adoption of ordinances to establish an enhanced voluntary agricultural district, to no longer require the ordinance to provide that each enhanced voluntary agricultural district have a representative on the agricultural advisory board.

Section 2

Amends GS 7A-273 to give magistrates the power, in misdemeanor and infraction cases involving State forest rule offenses under Articles 74 (Acquisition and Control of State Forests and State Recreational Forests) and 75 (Protection and Development of Forests; Fire Control) of GS Chapter 106, to accept written appearances, waivers of trial or hearing, and pleas of guilty or admissions of responsibility, and to enter judgment and collect the fines or penalties and costs. Applies to offenses committed on or after December 1, 2021.

Section 3

Amends GS 106-950 to exempt from Article 78 (Regulation of Open Fires) of GS Chapter 106, fires started, or caused to be started, for cooking, warming, or ceremonial events, if the fire is confined (1) within an enclosure from which burning material may not escape or (2) within a protected area that is being watched and is provided with adequate fire protection equipment. This does not apply when all open burning has been prohibited during periods of hazardous forest fire conditions or during air pollution episodes. Applies to offenses committed on or after December 1, 2021.

Section 4

Amends GS 106-903 to require NC Forest Service employees who are exempt from the Fair Labor Standards Act and are fighting forest fires to be compensated for overtime either monetarily or with compensatory leave at the rate of an hour-for-hour. Sets out additional requirements for when compensatory leave is provided.

Section 5

Amends GS 14-135 by removing the current provisions concerning the cutting, injuring, or removing of another's timber, and replaces it with the following concerning the larceny of timber. Establishes the offense of larceny of timber when any person: (1) knowingly and willfully cuts down, injures, or removes any timber owned by another, without the land owner's or timber owner's consent, or without a lawful easement running with the land or (2) buys timber directly from a timber owner but does not make payment in full by the date specified in the written sales agreement or when there is no agreement, 60 days from the date that the buyer removes the timber from the property. Sets out exceptions to the offense, including one for electric power supplier employers and agents. Sets out what is considered to be prima facie evidence of a timber buyer's intent to commit an offense by failure to pay. Makes violations a Class G felony and requires restitution in the specified amounts. 

Amends GS 1-539.1 to make anyone who without consent, cuts or removes any valuable wood, timber, shrubs, or tree, liable for triple (was, double) the value of the wood, timber, shrubs, or trees. Makes the same changes applicable to someone who sets fire to any valuable wood, timber, or trees on another's land.

Amends GS 1-539.2B to make anyone who injures or destroys any other person's agricultural commodities or production system liable for triple (was, double) the value.

Effective December 1, 2021.

Section 6

Enacts new GS 14-135.1 to require, when a timber buyer or operator buys wood product by the load from a grower or seller and it is sold by weight, cord, or measure of board feet, that the buyer or operator give the grower or seller a wood load ticket for each load of wood product removed from the grower or seller's property; requires the ticket to be provided within 30 days. Requires the wood load ticket to include specified information including the amount of wood product severed. Sets out items excluded from these requirements. Makes violations a Class 2 misdemeanor. Applies to offenses committed on or after December 1, 2021.

Section 7

Amends GS 106-897 to include GS 14-135 (cutting, injuring, or removing another's timber) within the scope of forest laws. Applies to offenses committed on or after December 1, 2021.

Section 8

Amends GS 106-92.8 to require that when records of the tonnage of liming material that an individual sells in the state are available electronically, they must be made available to the Commissioner of Agriculture or the Commissioner's representative. Makes the same changes in the following statutes: (1) GS 106-277.12 concerning records of seeds transported or delivered for transportation, or sold, (2) GS 106-284.40 concerning records of tonnage of commercial feed distributed in this state, and (3) GS 106-671 concerning records of the tonnage of commercial fertilizer sold in the state. Makes language gender-neutral.

Section 9

Increases the amount from the Tobacco Trust Fund that may be used for administrative and operating expenses from $350,000 to $375,000.

Section 10

Amends GS 143-135.26, concerning the State Building Commission's powers, to make the Board of Agriculture, instead of the Commission, responsible for the final selection of the designer, consultant, or the construction manger at risk, when the Department of Agriculture and Consumer Services (DACS) is the funded agency. Makes additional clarifying changes.

Enacts new GS 106-22.8 setting out four specified actions the Board of Agriculture must take with respect to the design, construction, or renovation of buildings, utilities, and other property developments of DACS requiring the estimated expenditure of public funds of $2 million or less, including conducting the fee negotiations for all design contracts and supervising the letting of all construction and design contracts. Prohibits dividing a contract to evade the monetary limit. Requires the Board of Agriculture to report annually to the State Building Commission on four related items. 

Effective July 1, 2021.

Section 11

Amends GS 143-215.10C to require the Environmental Management Commission (EMC) to develop a general permit for animal operations that includes authorizing the permittee to construct and operate a farm digester system. Defines farm digester system under GS 143-213 as a system, including all associated equipment, by which gases are collected and processed from an animal waste management system for the digestion of animal biomass for use as a renewable energy resource; sets out items that may also be included in the term and specifies that the system is considered to be an agricultural feedlot activity within the meaning of "animal operation." Also adds and defines the terms animal biomass gas facility, animal waste and animal waste management system, lagoon cover, and renewable animal biomass energy resource.

Requires the EMC to immediately initiate the process of developing and issuing the permit. Requires the permit to include, in addition to conditions required to describe and authorize the construction of farm digester systems, the same conditions that are included in the currently existing general permits for animal operations, with specified exceptions. Requires the general permit to become effective no later than six months after this section's effective date. Allows, until the general permit becomes effective,  any animal operation that holds a general or individual permit that (1) is in effect on the effective date of this section and (2) authorizes the construction and operation of a farm digester system, to construct and continue to operate the farm digester system. Allows the operator of any animal operation that holds a general or individual permit that does not authorize the construction and operation of a farm digester system to submit a notice of intent to be covered under the general permit; sets out the requirements for the EMC to then either issue a certificate of coverage allowing the construction or notifying the operator of the denial. Allows the EMC to solicit public comment when acting on the notice of intent, but prohibits holding a public hearing.

Amends GS 106-806, concerning the construction or renovation of swine houses at preexisting swine farms, as follows. Allows the construction or renovation of a farm digester system that is a component of a preexisting swine farm so long as the following requirements are met: there is not an increase in the permitted capacity of the swine farm; there is not an increase in the total permitted capacity of the animal waste management system or systems located at the swine farm; with exceptions, the portion of the constructed or renovated farm digester system is not located any closer to the building, property, or well that is the object of the siting requirement that the farm digester system fails to meet for a lagoon siting. Also prohibits such renovation or construction in the 100-year floodplain.

Amends GS 150B-34 by adding that in any contested case involving a permitting action for a general permit for animal operations that includes authorization for the permittee to construct and operate a farm digester system, unless otherwise agreed upon, the hearing must be conducted and final decision made no later than 90 days after the commencement of the contested case. Allows for extending this deadline no more than two times and no more than 30 days each time.

Amends GS 150B-44 by specifying that an agency's failure to make a final permitting decision on a general permit for animal operations that includes authorization for the permittee to construct and operate a farm digester system within 90 days of the agency's receipt of a notice of intent is justification for a person affected by the delay to seek a court order compelling agency action. Gives such claims expedited review.

Amends GS 105-275 to no longer limit the animal waste management systems that are excluded from tax to those that accomplish specified objectives. 

Section 12

Amends GS 20-7 by making driver's licenses issued to H-2A workers expire three years after the date of issuance of the H-2A worker's visa. Provides that if during those three years the worker's visa is not extended, the license expires on the date the H-2A worker's visa expires. Defines H-2A worker as a foreign worker holding a valid H-2A visa who is legally residing in this state.

Section 13

Includes a severability clause.

Amends GS 90-113.27 to add the requirement that needle and hypodermic syringe exchange programs be located in a facility that offers professional counseling or rehabilitation services for people with drug use disorders. Amends the objectives of such a program to now include requiring, instead of encouraging, people who use drugs illicitly to enroll in evidence-based treatment. Adds the requirement that the host of a needle and hypodermic syringe exchange program engrave or mark all program supplies with a symbol or logo identifying the program. Adds that the limited immunity provided under the act does not apply when an individual possesses any program supplies in a school zone. Amends the information that must be included in the report each program provides to the Division of Public Health to also require: (1) the legal name of the organization or agency operating the program, and its owners or operators, as well as each licensed practitioner who provides on-site professional counseling or substance use disorder rehabilitation services; (2) the number of individuals enrolled in professional counseling or substance use disorder rehabilitation services offered by the program and their attendance record; (3) a log demonstrating that written verification was requested during operating hours to confirm the participant's identity; and (4) proof of required insurance. Requires the program operator, before starting a new program and in order to continue an existing program, to: (1) locate or relocate the program to a place that is outside a 3-mile radius of a school zone; (2) operate the program at a fixed location; (3) if a residential neighborhood is located within 800 yards of the program site, require a new program to obtain the affirmative vote of a majority of the residents in attendance at a meeting in which at least 50% of the neighbors participate, or and for new or existing programs, comply with all ordinances and homeowners' association rules; (4) demonstrate that all owners, board members, officers, and registered agents of the program have passed a background check; and (5) for programs located in noncommercial areas, ask program participants for an identification card and require participating sex offenders to be logged on to a publicly accessible website. Requires a program operator to maintain general liability and professional liability insurance in the amount of $1 million each; lapse in coverage is immediate cause for program termination.

Requires no later than 180 days after October 1, 2021, that each needle exchange program in operation take the actions needed to be in full compliance with GS 90-113.27, as amended.

Effective October 1, 2021, and applies to needle and hypodermic syringe exchange programs operating in the state on or after that date.

Establishes the following for the 2021-22 school year. Prohibits the State Board of Education (State Board) from identifying any additional schools as qualifying schools (defined by statutory cross-reference) for the Innovative School District based on data from the 2020-21 school year. Requires schools identified as qualifying schools for the 2019-20 school year based on data from the 2018-19 school year to remain on the qualifying list, with State law provisions regarding comprehensive support and improvement of selected qualifying schools, and public notice of identification of schools on the three ISD lists, still applicable.

Repeals Section 1(c) of SL 2019-248, as amended, which requires the State Board to select the lowest scoring qualifying school in the State identified based on the school performance score calculated from data for the 2020-21 school year to become an innovative school in the 2022-23 school year.

Amends GS 113A-65.1 to allow a stop-work order to be issued for a land-disturbing activity that is in violation of the Article or rules adopted under the Article, when the violation is knowing and willful, and off-site sedimentation has eliminated or severely degraded a use or violated a water quality standard (was, limited to eliminated or severely degraded a use) in a lake or natural watercourse or that such degradation or violation is imminent. No longer requires a stop-work order to be served by the sheriff or another person legally authorized to serve process, now requiring only that it be delivered to the person at the site of the activity who is in operational control of the activity; also makes that person responsible for posting the order at the site. Removes the provision making the issuance of a stop-work order a final agency decision. Also removes the provision allowing the Attorney General to file a cause of action to abate the violation that resulted in the stop-work order. Effective October 1, 2021.

Enacts Article 47A, Animal Abuser Registry, to GS Chapter 14. Defines abuser or animal abuser, animal abuse offense, conviction, and Department. Requires the Department of Public Safety (DPS) to post on its website a publicly accessible list of any persons convicted of an animal abuse offense, defined as any violation of animal cruelty laws set out in Article 47 of GS Chapter 14, beginning January 1, 2022, for offenses committed on or after that date. Requires the list to include the abuser's intake photo, full name, and other identifying data. Prohibits inclusion of personally identifying information, as specified. Requires clerks of court to forward to the Department copies of judgment and the date of birth of all persons convicted of an animal abuse offense within 60 calendar days of the judgment. Requires the Department to maintain the convicted abuser's information for two years following the date of the person's first conviction, and remove the information after two years unless the person has subsequently been convicted of another animal abuse offense during that period. Requires the Department to maintain the information for five years for a person's subsequent conviction for animal abuse, as specified, and remove the information after the five years unless there is a subsequent conviction in those five years. Requires the Department to remove a person's information from the registry if the sole offense requiring the person to be included on the registry is expunged.

Enumerates six activities excepted from Article 47A, including lawful activities conducted for purposes of biomedical research or training, or production of livestock, poultry, or aquatic species.

Amends GS 14-363.2, concerning confiscation of cruelly treated animals. Adds to the statute to provide that any person who is subsequently convicted of any violation of Article 47, GS Chapter 14, after a first conviction forfeits ownership, charge, or custody of all animals and is prohibited from owning an animal for up to five years from the date of conviction. Applies to offenses committed on or after December 1, 2021.

Requires the Department of Health and Human Services, Division of Health Benefits (DHB), to provide a 15% rate increase option for personal care services reimbursed under three specified Medicaid Clinical Coverage Policies that cover State Plan Personal Care Services, the Community Alternatives Program for Children, and the Community Alternatives Program for Disabled Adults. Requires, to be eligible for the 15% rate increase option, that a provider attest and verify it will be used to increase the wages of all direct care professionals it employs no less than fifteen dollars $15/hour and agree to, at a minimum, provide any data required to be collected under this act. 

Requires DHB, upon implementing the rate increase option, to adjust the per member per month (PMPM) capitation amount paid to local management entity/managed care organizations (LME/MCOs) that operate capitated contracts for mental health, intellectual and developmental disabilities, and substance abuse services and to prepaid health plans (PHPs). Requires LME/MCOs and PHPs to require a provider electing this option to attest and provide verification that the rate increase will be used to increase the wages of all direct care professionals it employs to at least $15/hour and agree to, at a minimum, provide any data required to be collected under this act.

 

Makes the rate increase option and the capitation rate adjustments effective only upon both of the following: (1) termination of the rate increases totaling 15% total for providers of personal care services implemented as a result of the nationwide public health emergency as a result of the 2019 novel coronavirus; and (2) Centers for Medicare and Medicaid Services (CMS) approval of the increase.

Appropriates $9.3 million in recurring funds for 2021-22 and $21,850,000 in recurring funds for 2022-23 from the General Fund to DHB to implement the rate increase. Specifies that these funds are to provide the State match of the specified amounts of federal funds; appropriates those federal funds to DHB. Effective July 1, 2021.

Requires each provider receiving the rate increase option to track and report to DHB, using a tool developed by DHB, how that provider used the rate increase to increase the wages of all direct care professionals, beginning within 60 days of receiving the increase and annually thereafter. Specifies information that must be provided to DHB. Specifies provider record keeping requirements and allows DHB to to conduct audits at the provider's expense.

Sets out requirements for the notice that providers must give to the direct care professionals they employ on the wage increase. 

Requires DHB to create a mechanism by which direct care professionals may report an employer who has failed to pay the required wages and requires DHB to investigate such reports.

Allows DHB to recoup funds when a provider fails to comply with the wage or reporting requirements.

Increases the caps for higher education scholarship awards for children of wartime veterans under Class II and Class III, as set forth in GS 143B-1226, from 100 to 125 children yearly (Class II is reserved for students whose veteran parent either is or was receiving a specified percentage of compensation for a wartime service-connected disability, was awarded a Purple Heart, as specified; Class III is reserved for students whose veteran parent either is deceased, is or was drawing pension for permanent and total disability, nonservice-connected, or served in a combat zone or engagement for which the Department of Defense authorizes a campaign badge or medal). Effective July 1, 2021. 

Includes whereas clauses.

Amends GS 143B-10 to require the heads of principal State departments to give additional scoring weight or preference to grant applicants if: (1) the grant would directly benefit the communities located in a county that is a development tier one or two county; and (2) one of the following military installations is located in whole or in part in the county identified in (1): Marine Corps Base Camp Lejeune; Marine Corps Air Station Cherry Point; United States Army Fort Bragg; Marine Corps Air Station New River; Seymour Johnson Air Force Base; United States Coast Guard Base Elizabeth City; or Military Ocean Terminal Sunny Point.

Includes whereas clauses. Appropriates $250,000 in recurring funds from the General Fund to the Community College System Office for 2021-22 as additional State funds to support a dedicated NC Defense Cyber Office in the NC Military Business Center. Effective July 1, 2021. 

Subject to voter approval on November 8, 2022, adds Section 39 to Article I of the NC Constitution, establishing that the right to live includes the right to work free from undue restraints and coercion. Provides that State policy prohibits the denial or abridging of an individual's right to work on account of membership or nonmembership in a labor organization, defined to mean any trade union, labor union, or other labor association. Bars employers from conditioning employment or continued employment upon becoming or remaining a member, or abstaining or refraining from becoming a member, of any labor organization. Applies to contracts entered into, renewed, or extended on or after the date of certification of the amendment. Effective upon certification. 

Includes whereas clauses.

Amends GS 160A-353 to give counties and cities the authority to require precautions to ensure the safety and well‑being of county and municipal recreation program participants, including concussion awareness information and a response protocol in case of a suspected concussion. Each county and municipal recreation program with a sports program must adopt a plan to provide participants with concussion awareness information and implement concussion response protocols. Provides immunity from civil damages to any program director, employee, or volunteer of a county or municipal recreation program for any act authorized above or for any related omission unless that act or omission amounts to gross negligence, wanton conduct, or intentional wrongdoing. Makes additional technical changes. Effective October 1, 2021. 

Includes whereas clauses.

Amends GS 143-341 to require the Department of Administration, in consultation with university system and community college horticulture programs and the North Carolina Forestry Association, to use seeds and plants classified as native to the state on all land owned or leased by the State or a State agency. Exempts (1) nonnative seeds and plants used in landscaping for locations where the primary purpose is crop cultivation, crop and horticulture research, science, botanical gardens, and zoos and (2) nonnative turf grass.

Amends GS 136-18 to require the Department of Transportation, in consultation with university system and community college horticulture programs and the North Carolina Forestry Association, to use seeds and plants classified as native to the state in highway rights-of-way. Makes conforming deletions.

Amends GS 136-41.3 to require cities and towns to use (was, to strongly prefer) seeds and plants classified as native to North Carolina when the use of Powell Bill funds includes landscaping.

Amends GS 143B-135.56 to require the NC Parks and Recreation Authority to require projects awarded matching funds from the Parks and Recreation Trust Fund for local park and recreation purposes, to use seeds and plants classified as native to the state. Exempts (1) nonnative seeds and plants used in landscaping for locations where the primary purpose is crop cultivation, crop and horticulture research, science, botanical gardens, and zoos and (2) nonnative turf grass.

Amends GS 20-354.2 as follows. Amends the definition of motor vehicle repair to include software updates. Amends the definition of motor vehicle repair shop to include companies offering virtual, digital, or Internet-enabled repairs, updates, or software updates.

Amends GS 20-305.2 to make it unlawful for any motor vehicle manufacturer, factory branch, distributor, distributor branch, or subsidiary to own any ownership interest in, operate, or control any motor vehicle dealer in this state or any entity in this state that provides updates at retail, whether performed physically, virtually, or digitally, to file a motor vehicle dealer application. Also includes as an unfair method of competition software updates that are made or provided directly by a manufacturer or distributor to any motor vehicle located within this state requiring the direct participation of a dealer franchised by the manufacturer or distributor and without the dealer receiving reasonable compensation.

Amends GS 20-305 to make it unlawful for any manufacturer, factory branch, distributor, or distributor branch, or any field representative, officer, agent, or any representative whatsoever of any of them, to prohibit or unreasonably limit or restrict a dealer from using electronic signature technology to facilitate or execute loaner, demonstrator, rental, and test drive agreements and forms.

Amends GS 20-183.4C, concerning vehicle inspections of new vehicles (which must be inspected before being delivered to a purchaser at retail) and used vehicles (which must be inspected before they are offered for sale at retail), by adding that inspection is not required if the vehicle was previously inspected by an affiliated dealership, or between dealerships having common or interrelated ownership, and the inspection occurred either within 180 days from the date of sale or within 300 miles from the mileage recorded at the date of sale.

Effective October 1, 2021.

Includes whereas clauses.

Appropriates $250,000 in nonrecurring funds for 2021-22 from the General Fund to Equity Before Birth to supplement the income of mothers in the absence of paid parental leave and to cover the costs of essential services and support.

Effective July 1, 2021.

Amends GS 55A-16-05 to prohibit the disclosure of the identity of any person giving monies or other tangible goods to a nonprofit corporation for furthering a charitable purpose of the nonprofit without the consent of the nonprofit's board of directors. Makes technical and clarifying changes. 

Adds to the public records laws of GS Chapter 132, enacting GS 132-1.1(i) to deem the identity of any person giving monies or other tangible goods to a nonprofit corporation for furthering a charitable purpose of the nonprofit confidential, except as specifically required by State or federal law. Amends GS 55A-16-24 to make new GS 132-1.1(i) applicable to any attachments or other information submitted in association with specified required IRS forms of nonprofit corporations that identify donors. Amends GS 58-3-6 to make new GS 132-1.1(i) applicable to any any attachments or other information submitted in association with specified required IRS forms of nonprofit corporations who issue charitable annuities that identify donors. Amends GS 131E-214.14 to make new GS 132-1.1(i) applicable to any attachments or other information submitted in association with specified required IRS forms of nonprofit corporations regarding patient data that identify donors. Amends GS 131F-6 to make new GS 132-1.1(i) applicable to any attachments or other information submitted in association with specified required IRS forms of nonprofit corporations regarding licensure to solicit contributions that identify donors. 

Amends GS 163-278.5 to make new GS 132-1.1(i) not applicable to required donor disclosures under Article 22A (Regulating Contributions and Expenditures in Political Campaigns) or Article 22M (Legal Expense Funds). 

Amends GS 138A-34 to prohibit public servants from using or disclosing information gained in the course of their official duties or by reason of the public servant's official position in violation of new GS 132-1.1(i). 

Amends GS 120-87 to prohibit legislators from using or disclosing confidential information gained in the course of their official activities or by reason of the legislator's official position in violation of new GS 132-1.1(i). 

Amends GS 14-234.1, making it a Class 1 misdemeanor for officers or employees of the State or political subdivisions of the State to use or disclose confidential information gained in the course of their official capacity in violation of GS 132-1.1(i).

Effective October 1, 2021. 

Enacts Part 8, Ban Manufacture, Use, and Distribution of Certain Toxic Chemicals, of Article 21A, GS Chapter 143.

Makes it unlawful to knowingly manufacture, use, process or distribute polyfluoroalkyl and its substances (PFAS). Excludes the use and distribution of products specifically authorized or required to contain PFAS by federal law.

Permits the Secretary of the Department of Environmental Quality (DEQ, Secretary) to assess penalties up to $5,000 for a violation of a requirement of Part 8, or up to $25,000 if the violation involved a hazardous waste, and up to $10,000 for repeat offenses, with penalties for multiple occurrences capped at $200,000 for any month. Provides for considerations to be considered in determining penalty amounts, and procedures for civil penalties, including notice. Allows for contested case petitions within 30 days following the receipt of notice of the assessment.

Provides for remission requests within 30 days of receipt of the notice assessment, which must be accompanied by a waiver of the right to a contested case hearing and a stipulation to the facts on which the assessment is based. Allows for remission requests to be resolved by the Secretary and the violator, and if they are unable to resolve the request, then the Secretary must deliver the request and recommended action to the Committee on Civil Penalty Remissions of the Environmental Management Commission.

Requires the Secretary to request the Attorney General to begin a civil action in specified superior court for penalties not paid within 30 days of notice of the assessment, or 30 days after a final agency decision or order has been served if the violator contests the case or requests remission. Sets a three year statute of limitations on civil actions from the date of the final agency decision or court order service.

Appropriates $100,000 in nonrecurring funds from the General Fund to DEQ for the 2021-22 fiscal year to fund additional monitoring and enforcement activities to address PFAS contamination.

Includes a severability clause.

Transfers $57 million in nonrecurring funds for 2021-22 from the General Fund to the State Capital and Infrastructure Fund (Fund). Appropriates that amount in nonrecurring funds for 2021-22 from the Fund to the UNC Board of Governors to be used as title indicates. Effective July 1, 2021.

Appropriates $1 million for 2021-22 from the General Fund to the Office of State Budget and Management to be allocated to the Technology and Data Institute, a public service consortium of public entities, for a pilot program to expand high-speed internet access to students of low-income families in central North Carolina, beginning with the 2021-22 school year. Gives priority to students without sufficient broadband access for online learning and focuses on developing a sustainable model for the design, building, and operation of the technology infrastructure and services required for high-quality and easy-to-use internet access for all Pre-K through postdoctoral students in the 12-county Piedmont region. Effective July 1, 2021

Enacts Article 2E, End Racial Profiling in Traffic Stops Act, to GS Chapter 20. Declares racial profiling to stop and search motorists against public policy and a violation of civil rights. Defines racial profiling as the detention, interdiction, or other disparate treatment of an individual on the basis, in whole or in part, of the perceived racial or ethnic status of the individual; excludes when the status is used in combination with other identifying factors in seeking to apprehend a specific suspect whose racial or ethnic status is part of the suspect's description. States the purpose of the act.

Directs all law enforcement agencies in the State to adopt a written policy that prohibits the stopping, detention, interdiction, or search of any person when the action is motivated in whole or in part by considerations of race, color, ethnicity, age, gender, or sexual orientation (protected status); excludes when when the status is used in combination with other identifying factors in seeking to apprehend a specific suspect whose protected status is part of the suspect's description. 

Directs the UNC-Chapel Hill School of Government (SOG) to conduct an annual study of routine traffic stops made by NC State troopers, municipal police officers, and county sheriffs and deputies, including an analysis of data received from the entities upon request by SOG with 14 data points for each traffic stop conducted, at minimum. Directs SOG to perform an in-depth analysis of data from at least eight municipal police departments per year, prioritizing those that have the highest racial disparity in traffic stops. Requires SOG to develop and implement guidelines that can be used by law enforcement agencies to avoid the use of racial profiling in stops and searches based on the results of the required studies. 

Establishes the 11-member Traffic Stop Advisory Board (Board) within the Office of Attorney General, using available resources, to advise SOG with respect to the annual reports and creation of standardized methods and guidelines for law enforcement agencies to avoid use of racial profiling in stops and searches. Provides for membership, with appointment by the NCGA, the Governor, and the Attorney General, as specified, and includes the President of the NC Association of Chiefs of Police. 

Effective October 1, 2021. 

Amends GS 20-305.5 to no longer exclude from the scope of the identified statutory provisions governing motor vehicle dealers and manufacturer licensing, manufacturers or dealers who sell or distribute only nonmotorized recreational trailers. Eliminates the provision explicitly providing for the applicability of the identified statutory provisions for all recreational vehicle manufacturers, factory branches, distributors, and distributor branches who sell or distribute any motorized recreational vehicle in the State unless specifically exempted. Makes conforming changes.

Enacts GS 20-305.8, explicitly establishing that the motor vehicle dealer and licensing laws set forth in Article 12 are applicable to all dealers, wholesalers, sales representatives, manufacturers, factory branches, distributors, and distributary branches or other persons who sell or distribute, any recreational vehicle.

Effective October 1, 2021. 

Amends GS 120-32 to require the Legislative Services Commission to implement a mandatory annual training program on implicit bias for legislators and legislative employees to help them recognize implicit bias, understand the root of implicit biases, and become skilled in ways to counter implicit bias that impacts interactions, activities, and decision making in the workplace. Requires the training to include both in-person training and remote on-demand components. Amends GS 126-4 to require the State Human Resources Commission to adopt policies and rules to implement the same training for all State employees. Amends GS 126-5 to make the State Human Resources Commission's annual implicit bias training requirements applicable to all State employees, including employees of the judicial branch, Council of State agencies, and UNC.

Amends GS 108A-25.2 to distinguish eligibility under the Work First Program and food and nutrition services program for individuals convicted of drug offenses. Expands food and nutrition services program eligibility to include individuals convicted of any controlled substance felony offenses. Eliminates the current six month waiting periods and required treatment for individuals convicted of Class H or I controlled substance felony offenses to be eligible to participate in the food and nutrition services program. Instead, allows for immediate participation if the individual has been released from custody, or, if not in custody, after the date of conviction. Requires the individual to successfully complete or continuously and actively participate in a substance abuse treatment program. Applies to felony offenses committed on or after January 1, 2022. 

Appropriates $11 million in nonrecurring funds for each year of the 2021-23 biennium from the General Fund to UNC Board of Governors to be allocated to the State Education Assistance Authority to be used as title indicates. Effective July 1, 2021.

Revises the individual income tax rate set forth in GS 105-153.7, which currently sets a flat rate at 5.25%, as follows. Sets individual income tax rates based on taxpayer status and income, with tax rates set at 5.25%, 6.5,% and 7% within each taxpayer status, with the rate determined by the taxpayer's income within the ranges provided. 

Increases the corporate income tax rate under GS 105-130.3 for C Corporations from 2.5% to 5%.

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