Revises Article 10B, Peer-to-Peer Vehicle Sharing, of GS Chapter 20 as follows. 

Makes the following changes to the Article's defined terms. Adds the terms peer-to-peer vehicle sharing facilitator, shared vehicle delivery period, shared vehicle driver, vehicle sharing agreement, vehicle sharing period, vehicle sharing start time, and vehicle sharing termination time. Revises shared vehicle owner, now defined as the registered owner of a shared vehicle who has not made an election under GS 105-187.5 regarding a retailer's election to pay tax on the gross receipts of the limited possession commitment of a vehicle rather than the highway tax. No longer defines peer-to-peer vehicle sharing or sharing program or vehicle sharing provider. Defines peer-to-peer sharing facilitator to mean a marketplace facilitator that facilitates a short-term motor vehicle rental where the marketplace seller is the registered owner of the vehicle who has not made an election under GS 105-187.5. Makes changes throughout to refer to "peer-to-peer vehicle sharing facilitator" rather than "peer-to-peer vehicle sharing program."

Enacts the following provisions to the Article.

Requires peer-to-peer sharing facilitators (facilitators) to ensure that a shared vehicle owner and a shared vehicle driver are insured by a liability policy that meets six specified criteria during each car sharing period, including specified minimum coverage limits and requiring the policy recognize that the shared vehicle under the policy is made available and used through a facilitator. Requires the qualifying insurance to be held by either the shared vehicle owner, shared vehicle driver, facilitator, or a combination of the three. Establishes insurance requirements for facilitators. Requires facilitators seeking to sell insurance coverage for use of shared vehicles to be licensed by the Commissioner of Insurance under GS 58-33-17.1, as enacted. Does not require insurers to sell policies providing the required coverage for shared vehicles and their use. States information that must be exchanged by specified parties in a claims coverage investigation or accident, including the description of the coverage, exclusions, and limits provided under any insurance policy.

Details three activities that the Article does not affect, including the ability of a shared owner or a shared driver to obtain secondary insurance coverage in excess of the minimum requirements, the facilitator's ability to seek indemnification from a shared vehicle owner or driver or to own or maintain multiple liability policies providing coverage, and the ability of the insurer to seek recovery against the insurer of the facilitator.

Details three actions that the Article does not affect regarding insurers, including an insurer's right to exclude coverage for the use of a shared vehicle, to cancel or not renew policies, or to underwrite any insurance policy.

Deems liability of the facilitator for its acts or omissions that are the proximate cause of death, bodily injury, or property damage to a person in any accident because of the use of a shared vehicle not limited or restricted by the Article. Adds that facilitators and shared vehicle owners are exempt from vicarious liability and State and local laws that impose liability solely based on vehicle ownership.

Requires facilitators to give notice to shared vehicle owners prior to the owner making a shared vehicle available that the use of the shared vehicle through the facilitator might violate the terms of the contract with a lienholder, if applicable. 

Lists seven required disclosures that must be included in a vehicle sharing agreement between a shared vehicle owner and a shared vehicle driver, including the right of the facilitator to seek indemnification as specified, that either party can obtain additional insurance coverage in excess of the Article's minimum requirements, and that the facilitator's insurance coverage is in effect only during a vehicle sharing period, as defined. 

Limits facilitators' ability to enter into a vehicle sharing agreement to shared vehicle drivers that have a valid driver's license for the operation of the shared vehicle (or specified criteria for nonresidents). Establishes recordkeeping requirements for facilitators regarding shared vehicles' driver's and other anticipated operator's licensing.

Places sole responsibility of shared vehicle equipment on the facilitator put in or on the vehicle to monitor or facilitates the vehicle's use, with required indemnification of the shared vehicle owner and the right to seek indemnification from the shared vehicle driver for loss or damage during the vehicle sharing period. 

Requires a facilitator to verify there are no outstanding safety recalls prior to a shared vehicle owner making the shared vehicle available through the facilitator, and requires giving notice of this requirement to a shared vehicle owner. Details required actions for when a shared vehicle owner has received actual notice of a safety reclass on a shared vehicle, including not making the shared vehicle available or removing the shared vehicle's availability through the facilitator. 

Establishes recordkeeping requirements for facilitators regarding the use of a shared vehicle, which must be provided to the shared vehicle owner, the owner's insurer, or the shared vehicle driver's insurer upon request. Requires records to be maintained to align with applicable statutes of limitations for personal injury actions.

Requires facilitators to be permitted by the Division of Motor Vehicles (DMV) before operating; sets a $5,000 application and annual renewal fee. Requires the DMV to prescribe the form of the permit and renewal applications, with specified required information including proof of required insurance. Allows DMV to retain the fees collected and use the funds for its operations. 

Enacts GS 58-33-17.1, authorizing the Commissioner of Insurance to issue a facilitator a limited license authorizing the licensee to act as an agent of any insurer authorized to write the kinds of insurance relevant to the use of shared vehicles. Sets limited license qualifications to include a written, signed application with a signed and affirmed certification by the insurer that is to be named in the limited license of the applicant's trustworthiness and competency and that the insurer will appoint the applicant to act as its agent in reference to the specified types of insurance if the license is issued. Authorizes the Commissioner to take disciplinary action on the license and impose further penalties, subject to notice and hearing requirements, for violations of the statute. Identifies four kinds of insurance the limited licensee is authorized to act as an agent for the insurer in connection with the use of shared vehicles, including excess liability insurance that provides coverage to the licensee and shared vehicle drivers in excess of the standard liability limits provided in its vehicle sharing agreement, and accident or health insurance that provides coverage to shared vehicle drivers and other occupants for accidental death or dismemberment and medical expenses results from an accident during the vehicle sharing period. Restricts policy issuance to vehicle sharing agreements that do not exceed 30 consecutive days and conditions issuance on the licensee's satisfaction of specified written notice requirements of the prospective shared vehicle drivers, and the provision of evidence of coverage to a shared vehicle driver who elects purchase. Provides for exercise of the licensee's rights by salaried employee of the licensee, under supervision. Requires facilitators to conducts training programs, subject to Commissioner approval, regarding instruction on the kinds of insurance specified and acknowledgements required to a prospective shared vehicle driver. Deems licensees subject to Article, except they are not required to treat premiums collected from shared vehicle drivers purchasing insurance when sharing vehicles as funds received in a fiduciary capacity so long as the insurer consented that premiums need not be segregated and the charges are itemized but not billed to the shared vehicle driver separately from the charges of the shared vehicle. Bars licensees from advertising, representing, or holding themselves out as licensed insurance agents or brokers. 

Effective July 1, 2021. 

Includes whereas clauses.

Part I.

Changes the title of Part 5 of Article 1B of GS Chapter 130A to Maternal Health. Enacts GS 130A-33.61 establishing the 17-member Social Determinants of Maternal Health Task Force (Task Force) within the Department of Health and Human Services (DHHS) to develop a strategy to coordinate efforts between State agencies to address social determinants of maternal health with respect to pregnant and postpartum individuals. Defines social determinants of maternal health as nonclinical factors impacting maternal health outcomes, including economic, neighborhood, social and community, household, education access and quality, and health care access factors. Sets out membership requirements, and provides for selecting a chair. Requires a report no later than two years after the act becomes effective, to the Governor and NCGA on the plan to coordinate efforts, recommendations on funding, and on how to leverage services under the State's Medicaid program.

Requires DHHS to establish and operate a Maternal Mortality Prevention Grant Program (grant program) to award grants to eligible entities to establish or expand programs for the prevention of maternal mortality and severe maternal morbidity among black women. Requires applicants to be community-based organizations offering programs and resources aligned with evidence-based practices for improving maternal health outcomes for black women. Requires DHHS, beginning July 1, 2021, to conduct outreach to encourage eligible applicants to apply and provide application assistance. Awards a maximum of five grants with amounts ranging from $10,000 to $50,000. Sets out criteria to be considered when awarding the grants. Sets out the types of technical assistance DHHS must provide. Requires DHHS to report to the specified NCGA committee and division by October 1, 2023, and October 1, 2024; sets out issues to be addressed in those reports. Sets the grant program to expire on June 30, 2023.

Appropriates the following from the General Fund to DHHS, Division of Public Health, for 2021-22: (1) $23,000 in recurring funds to be allocated to the Task Force; (2) $82,000 in recurring funds to establish a Public Health Program Coordinator IV position with responsibilities related to the Task Force and grant program; and (3) $395,500 to be allocated to the grant program, allowing up to 10% of the funds to be used for administrative purposes. Appropriates those same amounts for similar purposes in 2022-23. Authorizes DHHS to hire a Public Health Program Coordinator IV. Effective July 1, 2021.

Effective October 1, 2021, unless otherwise indicated.

Part II.

Enacts new GS 130A-33.62, providing as follows. Requires DHHS, in collaboration with (1) community-based organizations led by Black women that serve primarily Black birthing people and (2) a historically Black college or university or other institution that primarily serves minority populations to create or identify an evidence-based implicit bias training program (training program) for health care professionals involved in perinatal care (the provision of care during pregnancy, labor, delivery, and postpartum and neonatal periods). Sets out 12 minimum components of the training program, including identification of previous or current unconscious biases and misinformation; identification of personal, interpersonal, institutional, structural, and cultural barriers to inclusion; corrective measures to decrease implicit bias at the interpersonal and institutional levels; and information about how to communicate more effectively across identities. Requires all health care professionals to complete the training program, specifying deadlines for completion depending on whether the individual is licensed before or after January 1, 2022. Requires proof of completion for license/registration/accreditation/certification renewal. Defines a health care professional as a licensed physician or other health care provider licensed, registered, accredited, or certified to perform perinatal care and regulated under the authority of a health care professional licensing authority. Encourages DHHS to seek opportunities to make the training program available to all health care professions and to promote its use among four specified types of providers and programs. Requires DHHS to collect specified information related to maternal mortality to inform ongoing improvements to the training program.

Enacts GS 130A-33.63 specifying that a patient getting care at a perinatal care facility (a hospital, clinic, or birthing center providing perinatal care in the state), has six listed rights, including: to be informed of continuing health care requirements following discharge; to actively participate in decisions regarding the patient's medical care and the right to refuse treatment; and to receive care and treatment free from discrimination on the basis of age, race, ethnicity, color, religion, ancestry, disability, medical condition, genetic  information, marital status, sex, gender identity, gender expression, sexual orientation, socioeconomic status, citizenship, nationality, immigration status, primary language, or language proficiency. Requires perinatal care facilities to provide patients upon admission with a written copy of the rights. 

Effective October 1, 2021.

Part III.

Requires DHHS to study five specified issues affecting women serving in the military, including coordinating effectively between veterans' health care facilities and non-veterans health care facilities in the delivery of maternity care and other health care services; facilitating access to community resources to address social determinants of health; and reducing maternal mortality and severe maternal morbidity, with a particular focus on racial and ethnic disparities in maternal health outcomes. Requires DHHS to consult with the Department of Military and Veterans Affairs (DMVA) in conducting the study. Requires DHHS to report to the specified NCGA committees and division by April 1, 2022.

Appropriates $100,000 for 2021-22 from the General Fund to DHHS for the study.

Effective July 1, 2021.

Part IV.

States the NCGA's intent to support data collection, surveillance, and research on maternal health as a result of the COVID-19 public health emergency. Defines COVID-19 public health emergency as the period beginning on the date that the US Secretary of Health and Human Services declared a public health emergency with respect to COVID-19 under section 319 of the Public Health Service Act (42 U.S.C. § 247d) and ending on the later of the end of such public health emergency or January 1, 2023. Appropriates $529,311 in recurring funds and $3.5 million for 2021-22 and $529,311 in recurring funds for 2022-23 from the General Fund to DHHS to be allocated in the specified amounts to: (1) support the work of the Task Force on Birthing Experience and Safe Maternity Care During a Public Health Emergency (described below); (2) hire five full-time, permanent positions to support DHHS in collecting data about the impact of COVID-19 on pregnant, birthing, and postpartum individuals, including data on COVID-19 testing, infections, hospitalizations, and vaccinations and health outcomes for pregnant, birthing, and postpartum individuals and their infants confirmed or suspected of being infected with COVID-19; and conducting public health education activities as described below; (3) establishment and operation of a one-year competitive grant program to ensure safe maternity care staffing levels at safety net hospitals and health clinics that provide maternity care services, which provides 10 grants in the amount of $150,000, subject to specified program requirements, including reporting requirements; and (4) acquire and distribute personal protective equipment to perinatal workers practicing in noninstitutional settings that provide such equipment to their employees or in communities that are disproportionately affected by COVID-19 and adverse maternal health outcomes. Effective July 1, 2021.

Requires DHHS to partner with and award subgrants to: (1) clinical stakeholders, community-based organizations, and federally recognized Indian tribes, to assist with the collection and analysis of data on the impact of COVID-19 on pregnant and postpartum patients and their newborns, particularly among patients from racial and ethnic minority groups and (2) clinical stakeholders, community-based organizations, and federally recognized Indian tribes, to provide timely, continually updated guidance to families and health care providers on ways to reduce risk to pregnant and postpartum individuals and their newborns and tailor interventions to improve  their long-term health. Sets out three criteria to be given special consideration in awarding the grants.

Requires DHHS to give the public information and education about COVID-19 and pregnancy, with a particular focus on pregnant individuals in communities disproportionately affected by maternal mortality and COVID-19. Requires licensed hospitals and health care facilities that provide maternity care services during the COVID-19 public health emergency to give patients information about hospital policies that may affect patient care during pregnancy, labor, delivery, and postpartum, including hospital visitor policies.

Requires licensed hospitals and health care facilities providing maternity care services during the COVID public health emergency to: (1) provide patients with updated and accurate information about hospital policies that may affect patient care during pregnancy, labor, delivery, and postpartum, including visitor policies; (2) allow maternity care patients to have at least one support person with them during labor, delivery, and postpartum recovery; (3) make efforts to safely accommodate the presence of doulas during labor, delivery, and postpartum care and recognize doulas as members of patients' perinatal care teams; (4) implement policies equitably; (5) ensure that institutional policies and practices do not violate patients' rights to reject treatments or birth interventions; and (6) integrate COVID-19 considerations into discussions with patients about the risks and benefits of health care decisions during informed consent processes.

Enacts new GS 130A-33.64 in Part 5 of Article 1B of GS Chapter 130A, as amended above, to establish the 25-member Task Force on Birthing Experience and Safe Maternity Care During a Public Health Emergency (Task Force) within DHHS to develop recommendations on respectful maternity care during the COVID-19 public health emergency and other public health emergencies, with a particular focus on outcomes for individuals from racial and ethnic minority groups and other underserved communities, and to make those recommendations publicly available in multiple languages. Sets out 13 issues the Task Force's recommendations must address, including strategies to increase access to specialized care for individuals with high-risk pregnancies; COVID-19 diagnostic testing for pregnant individuals and individuals in labor; licensing, training, and reimbursement for midwives from racial and ethnic minority groups and underserved communities; and strategies to address hospital capacity issues in communities with an increase in COVID-19 cases, or cases caused by future public health emergencies. Sets out membership requirements, provides for selecting a chair, and requires quarterly meetings. Requires DHHS and the Task Force to report every two years, beginning January 1, 2023, to the Governor and NCGA on its recommendations and on specified additional issues. Effective October 1, 2021. 

Part I.

Amends GS 42-46 concerning fees, costs, and expenses in summary ejectment proceedings. Clarifies that the fees a landlord is authorized to charge pursuant to a written lease for filing a complaint, a court appearance, or trial following an appeal from a magistrate's judgment are administrative fees, defined to exclude out-of-pocket expenses, litigation costs, or other fees. Makes conforming changes. Adds a new provision stating it is against public policy for a landlord to claim or for a lease to provide for the payment of any out-of-pocket expenses or litigation costs for filing a complaint for summary ejectment and/or money owed rather than those expressly authorized in subsection (i). Modifies subsection (i) to provide for recovery of reasonable attorneys' fees actually paid or owed, rather than incurred, subject to existing caps. Specifies that the out-of-pocket expenses and litigation costs listed in subsection (i) can be included by the landlord in the amount required to cure a default. Makes further clarifying changes. 

States intent for the above provisions to apply retroactively to all pending controversies as of the date the act becomes law, as the changes are intended to clarify legislative intent under previous amendments to the statute. 

Part II.

Enacts GS 42-14.5 to establish that the criminal record of any prospective or current residential lessee, occupant, or guest does not make any future injury or damage arising from the lessee, occupant, or guest foreseable by the lessor or the lessor's agent. Establishes that the residential lessor or the lessor's agent is not obligated to screen for or refuse to rent because of the criminal record of a prospective or current lessee, occupant, or guest. Specifies that the statute does not prohibit a residential lessor or the lessor's agent from using a criminal background check as grounds for refusing to rent to any prospective or current lessee.

Amends GS 42-25.7 to provide that residential landlords have rights concerning the personal property of their residential tenants in accordance with GS 28A-25-2 (Effect of affidavit), as amended, in addition to other specified state law.

Amends GS 28A-25-1, Collection of property by affidavit when decedent dies intestate. Explicitly entitles the public administrator or an heir that has presented an affidavit pursuant to subsection (a) of the statute to remove or dispose of the decedent's personal property located in demised premises. 

Amends GS 28A-25-1.1, Collection of property by affidavit when decedent dies testate. Explicitly entitles the public administrator, a person named or designated by the executor in the will, or an heir that has presented an affidavit pursuant to subsection (a) of the statute to remove or dispose of the decedent's personal property located in the demised premises. 

Amends GS 28A-25-2, Effect of affidavit, to discharge or release a lessor or lessor's agent of the demised premises that removes or disposes of the personal property located in the demised premises, at the direction of an affiant authorized under GS 28A-25-1(d) and GS 28A-25-1.1(d), as enacted, to the same extent as if the lessor dealt with a duly qualified personal representative of the decedent. Adds that the lessor is not required to see to the application of the personal property or evidence of the personal property, or to inquire into the truth of any statement in the affidavit.

Part I.

Adds new Part 5, The North Carolina Need-Based Scholarship for Public Colleges and Universities (Scholarship Program), in Article 23 of GS Chapter 116. Sets out the following requirements to be met for a student seeking a degree, diploma, or certificate at an eligible postsecondary institution to receive a scholarship: (1) qualify as a resident for tuition purposes under the specified criteria and in accordance with the coordinated and centralized residency determination process administered by the State Education Assistance Authority (Authority); (2) meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status at an eligible postsecondary institution, allowing the UNC President and President of the North Carolina Community College System to jointly agree to additional enrollment standards for the Program; and (3) submit a Free Application for Federal Student Aid (FAFSA) and demonstrate need. Defines an eligible postsecondary institution as a school that is a constituent institution of The University of North Carolina or a community college. Requires that for continued enrollment that the student meet achievement standards by maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the eligible postsecondary institution in which the student is enrolled. 

Sets out how many semesters a student may receive the scholarships. Sets scholarship amounts based on a schedule developed jointly by the President of The University of North Carolina and the President of the North Carolina Community College System, in consultation with the Authority. Requires the payment schedule to clearly define award amounts by type of eligible postsecondary institution and student financial need.

Requires the Authority to administer the scholarships and conduct periodic evaluations of expenditures under the Program to determine if allocations are used to ensure access to eligible postsecondary institutions and to meet the goals of respective programs. Requires the Authority to report annually beginning December 1, 2024, to the specified NCGA committee. Sets out what is to be included in the report, including the amount disbursed and number of students receiving funds. 

Establishes the Scholarship Reserve Fund for Public Colleges and Universities (Reserve Fund) consisting of: (1) funds appropriated by the NCGA for the Program from the Education Lottery Fund in the Current Operations Appropriations Act, (2) funds appropriated by the NCGA for the Program from the Escheat Fund in the Current Operations Appropriations Act, (3) funds appropriated by the NCGA for the Program from the General Fund in the Current Operations Appropriations Act, (4) all returned scholarship funds from the Program, and (5) all interest earned on these funds. Requires the creation of two reserves within the Reserve Fund, the University of North Carolina (UNC Reserve) and the North Carolina Community College System (CC Reserve) with the amount of funds in each reserve to be determined according to the payment schedules. Sets out funds that are to be in each of the reserves for the 2022-23 fiscal year. Money in the Reserve Fund remains available until expended. Sets out provisions governing the use of funds in the Reserve Fund for administrative costs.

Amends GS 116B-7 to require the Authority to deposit an amount specified in the Current Operations Appropriations Act from the Escheat Fund into the Reserve Fund each fiscal year to fund the Scholarship Program.

Requires by May 1, 2022, that the UNC President and the President of the North Carolina Community College System report the payment schedule required by this act and any recommended legislative changes for the Scholarship Program to the specified NCGA division and committees.

Requires the following to instead be appropriated to the Reserve Fund to fund scholarships beginning with the 2023-24 academic year: (1) $77,898,523 in recurring funds appropriated to the UNC Board of Governors for The University of North Carolina Need-Based Financial Aid Program and (2) $165,000 in recurring funds appropriated to the Community Colleges System Office for the North Carolina Community College Grant Program. 

Requires beginning with the 2022-23 fiscal year, of the funds appropriated from the Education Lottery for (1) the UNC Need-Based Financial Aid Program each fiscal year, the sum of $10,744,733 in recurring funds and (2) Scholarships for Needy Students, the sum $30,450,000 must instead be appropriated to the Reserve Fund beginning with the 2023-24 academic year.

Requires beginning with the 2022-23 fiscal year, of the funds allocated to the State Education Assistance Authority from the Escheat Fund for (1) the University of North Carolina Need-Based Financial Aid Program each fiscal year, the sum of $37,287,242 in recurring funds and (2) the North Carolina Community College Grant Program each fiscal year, $15,785,000 in recurring funds to instead be appropriated to the Reserve Fund. 

Appropriates $15,950,000 for 2021-22 from the General Fund to the Community Colleges System Office for the North Carolina Community College Grant Program to provide scholarships for students for the 2022-23 academic year. States the NCGA's intent to provide forward funding for these scholarships in a reserve under the Scholarship Program beginning with the 2023-24 academic year.

Requires the Authority, by October 15, 2022, to transfer any unexpended balances remaining in the reserves for the University of North Carolina Need-Based Financial Aid Program and the Education Lottery Scholarship to the Reserve Fund.

Effective January 1, 2022, and applies to scholarships awarded beginning with the 2023-24 academic year.

Part II.

Repeals Article 35A (College scholarships) of GS Chapter 115C.

Amends GS 116-209.19A by making conforming changes to the list of scholarships administered by the Authority.

Amends GS 115D-40.1 as follows. Removes the provision related to need-based assistance programs for community college students. Expands who may receive targeted financial assistance to include students enrolled in fewer than six credit hours per semester who otherwise qualify for need-based financial aid programs. Removes the cap on the amount of funds that can be allocated. Makes additional conforming changes.

Repeals GS 115D-40.2, which set semester limitations on eligibility for North Carolina Community College grants.

Repeals GS 116-25.1, which set semester limitations on eligibility for the University of North Carolina need-based financial aid grants.

Effective July 1, 2023.

Enacts new GS 15A-502.01 to prohibit a law enforcement agency from providing a copy of a booking photograph in any format to a person requesting a copy if: (1)  the booking photograph will be placed in a publish-for-pay publication or posted to a publish-for-pay website or (2) the booking photograph is prohibited from disclosure under GS 132-1.4 ( Criminal investigations; intelligence information records; Innocence Inquiry Commission records). Defines booking photograph as a photograph or image of an individual generated for identification purposes when the individual is booked into a detention facility. Requires the person requesting the booking photograph to affirm in a written statement that it will not be used for the prohibited purposes. Sets out the procedure for requiring a publish-for-pay publication or publish-for-pay website to remove or destroy a booking photograph, when requested. If the photograph is not removed and destroyed as required, the individual submitting the removal request may bring a civil action about the publication or website which will be liable for all costs, including reasonable attorneys' fees, resulting from any legal action the individual brings in relation to the failure of the publish-for-pay publication or publish-for-pay website to remove and destroy the booking photograph, as well as the specified civil penalty amounts.

Amends GS 15A-152, concerning civil liability for dissemination of certain criminal history information, to specify that it does not apply to booking photographs.

Amends GS 132-1.4 to specify that booking photographs are not public record, unless: (1) the person in the booking photograph is convicted of a criminal offense based upon the conduct for which the person was incarcerated at the time the photograph was taken, (2) a law enforcement agency releases or disseminates the photograph after determining that the individual is a fugitive or an imminent threat to another person or to the public and that releasing or disseminating the photograph will assist in apprehending the person or reducing or eliminating the threat, or (3) a court of competent jurisdiction orders the release or dissemination of the photograph based on a finding that the release or dissemination is in furtherance of a legitimate law enforcement interest. Makes additional conforming and clarifying changes.

Allows the Revisor of Statutes to make specified changes.

Effective October 1, 2021.

Appropriates $15 million from the General Fund to the Office of State Budget and Management (OSBM) in fiscal year 2021-2022 to fund a reserve for the NC Promise tuition plan. Directs OSBM to allocate funds from the reserve to the UNC Board of Governors to be allocated to the constituent institutions participating in the NC Promise tuition plan which incur unsustainable losses and where State funds allocated for the “buy down” are insufficient in a fiscal year (under GS 116-143.11: State buys down obligations incurred by constituent institutions participating in NC Promise tuition plan resulting from established tuition rate). Requires the UNC Board of Governors to, within 30 days of an allocation from the reserve, report to the specified General Assembly committees and division on the allocation, circumstances underlying the allocation, and recommended changes to prevent future allocations. Effective July 1, 2021.

Includes a whereas clause. 

Retitles Article 2, GS Chapter 122C, as "Licensure Facilities for Individuals With Health Disorders, Developmental Disabilities, and Substance Use Disorders" (was Licensure of Facilities for Mentally Ill, the Developmentally Disabled, and Substance Abusers). Makes conforming changes throughout the Article.

Makes clarifying and technical changes to GS 122C-21, which states the Article's purpose.

Enacts GS 122C-28.1 to require the Department of Health and Human Services to conduct follow-up visits following the issuance of a cease and desist order to facilities providing services without a required license under Article 2, Licensure of Facilities for the Mentally Ill, the Developmentally Disabled, and Substance Abusers. Directs that the follow-up visits are to ensure (1) services requiring licensure are no longer available or conducted at the site; (2) an application for, or receipt of, required licensure has been submitted or obtained; (3) receipt of certification by a nationally recognized agency that allows the facility to be deemed licensed; or (4) the facility or program is no longer in operation. Requires DHHS to collect information on the total number of fines collected under GS 122C-28.

Amends GS 122C-23(e1), which prohibits the DHHS Secretary from enrolling new providers for Medicaid Home or Community Based services or other Medicaid services or issue a license for a new facility or a new service to any applicant meeting four specified criteria. Now makes the prohibition applicable to enrollment of new providers in the NC Medicaid or NC Health Choice programs, revalidation as an enrolled provider in the Medicaid or NC Healthy Choice programs, or issuance of a license for a new facility or a new service which meets the four existing criteria. 

Adds to the powers of the DHHS Secretary under GS 122C-27 the authority to issue orders directing facilities not licensed under Article 2 that are providing services requiring a license to cease and desist from engaging in any act or practice in violation of the Article's provisions. Makes technical changes. 

Makes the above provisions apply to cease and desist letters sent by DHHS on or after the date the act becomes law, as applicable. 

Amends GS 122C-28, making it a Class H felony, punishable by a fine of $1,000 per day, to operate a facility without a license (was a Class 3 misdemeanor punishable by a fine of up to $50 for the first offense, or up to $500 for subsequent offenses). Applies to offenses committed on or after December 1, 2021. 

Makes the following changes effective January 1, 2022.

Revises the individuals and entities excluded from Article 2 licensure requirements under GS 122C-22. Qualifies the exemption for physicians and psychologists engaged in private office practice by requiring that the individuals do not receive reimbursement under the Medicare program or the NC Medicaid or NC Health Choice programs. Makes a technical modification to the exemption for licensed general hospitals to require that they operate special units for patients with a mental health disorder diagnosis, one or more developmental disabilities, or a substance abuse disorder (was special units for the mentally ill, developmentally disabled, or substance abusers). Clarifies that the Commission on Public Health is authorized to adopt rules establishing a procedure whereby facilities that would otherwise require licensure under the Article (was licensable facilities) that are certified by a nationally recognized agency can be deemed licensed under the Article. Directs the DHHS Secretary to collaborate with relevant agencies to ensure that any facility deemed licensed maintain the required certification. 

Directs the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services (Division) to establish a database or expand upon an existing database that makes publicly available the status of any ongoing investigations of reported operation of a program or facility in violation of Article 2, including information on any penalties imposed and collected. Details database requirements.

Directs the Division to coordinate with the Department of Insurance to establish a toll-free number or website for individuals, providers, or insurers to use in verifying the operational and licensure status of a facility providing mental health, behavioral health, and substance use disorder services. 

Directs the Division to collaborate with community organizations for a public information campaign about the appropriate types of care for individuals with mental health disorders that includes information on the importance of receiving care from a licensed facility or program with medical personnel licensed by the Medical Board. 

Amends GS 15A-173.2 (provides for Certificates of Relief relieving collateral consequences of certain offenses) requiring that petitions for Certificates of Relief be filed in the county where the most serious offense occurred or, if the petitioner has been convicted of more than one offense of the same gravity, in the county of the most recent and most serious conviction. Amends this same section to direct the Senior Resident Superior Court Judge and Chief District Court Judge in each district to designate a Certificate of Relief point of contact who is to be trained in using a shared database. Also provides that supporting documentation provided by the petitioner be considered in reviewing the petition for a Certificate of Relief.
Amends GS 15A-173.4 (issuing, modifying, or revoking Certificates of Relief) to require notice to the district attorney in each district for petitions for a Certificate of Relief involving multiple offenses in multiple counties and to change the period of notice the court must give district attorneys and the petitioner to at least 30 days (was, three weeks) before the hearing.
Effective December 31, 2021 and apply to petitions filed on or after that date.
Directs the Administrative Office of the Courts to establish a shared database for Certificate of Relief matters.

Contains whereas clauses. Appropriates $240,000 for each fiscal year of the 2021-2023 fiscal biennium from the General Fund to the North Carolina Automobile Dealers Association Charitable Foundation to establish a program to promote the public’s awareness, understanding, and comfort with electric and other zero-emissions vehicle technology. Effective July 1, 2021.

Enacts new Article 2E, Carbon Emissions Tax, in Subchapter I of GS Chapter 105, providing as follows. Specifies that the tax under this Article is to be collected only once on the same carbon-based fuel product. Defines carbon-based fuel product as coal, a petroleum product, natural gas, or electricity produced from such fuels. Requires every distributor (the vendor of a carbon-based fuel, at the first point of sale within the state) to pay a tax on any carbon-based fuel product sold, used, or entered into the state by the distributor for purposes of distribution or use within the state. Sets the tax rate for 2022 at $20 per metric ton of carbon dioxide equivalent that would be emitted through the combustion of a carbon-based fuel product; sets the rate for years after 2022 until the amount of tax reaches $50 per metric ton of carbon dioxide equivalent, as the amount in effect for the preceding calendar year plus $5 and adjusted by the same percentage as the percent inflation used by the US Bureau of Labor Statistics Consumer Price Index; thereafter, the adjustment of the amount is to include only the inflation percentage. Requires annual publication of a table of the carbon dioxide equivalent applicable to each carbon-based fuel product taxed under this Article, and the amount of the tax applicable in the next calendar year. Exempts from the tax: (1) carbon-based fuel products to the extent that the carbon dioxide equivalent emitted as a result of combustion is sequestered and not released into the atmosphere; (2) any activities which this Article may purport to tax in violation of the US Constitution or any federal statute. Sets out compliance reporting requirements. Requires the tax proceeds to be credited: (1) in an amount equal to 10% of the proceeds to the General Fund to be used for the special purpose of investments in and promotion of renewable energy sources within the state and (2) the remainder to be used to reduce the amount of utility bills paid by rate payers.

Includes whereas clauses.

Enacts GS 116-143.15 establishing the NC Hope Tuition Waiver Program (Program) to waive the cost of tuition for up to two years for students who (1) graduate from a cooperative innovate high school, (2) earn at least an associate degree prior to graduation from the high school, and (3) meet enrollment requirements and attend Elizabeth City State University, the University of North Carolina at Pembroke, or Western Carolina University. Requires the State to "buy down" the amount of any financial obligation resulting from the waiver of tuition that may be incurred by those universities. Sets out student eligibility requirements.

Makes conforming changes to GS 116-143.11. 

Effective July 1, 2021, and applies beginning with the 2021-22 school year.

Amends GS 128-24(5) to permit law enforcement officers who retire from a municipality to continue receiving benefits under this Chapter and Article 12E of Chapter 143 (Retirement Benefits for Local Governmental Law-enforcement Officers) while working for a county sheriff. Effective July 1, 2021, and applies to eligible members of Local Government Employee’s Retirement System who retire before, on, or after that date.

Amends Article 7 of Chapter 131E of the General Statutes (Regulation of Emergency Medical Services) to add GS 131E-159.5 directing the Department of Health and Human Services (DHHS) to adopt rules providing protocols surrounding the assessment, transportation, and treatment of stroke patients by emergency medical services (EMS) personnel including requiring training on assessment and treatment of stroke patients. Also requires holders of an ambulance permit to implement stroke protocols pursuant to the rules adopted by DHHS and regularly train their EMS personnel on assessing and treating stroke patients.

Includes whereas clauses. Enacts GS 132-12, prohibiting any board or governing body of the State, its institutions, or political subdivisions, from adopting or enforcing any rule, regulation, or policy that requires: (1) an individual to disclose his or her contributions or donations to any nonprofit corporation (as defined by statutory cross-reference); (2) a nonprofit corporation to disclose its membership; (3) a nonprofit corporation to disclose the identity of person making contributions or donations to that nonprofit corporation; or (4) any list, record, register, registry, or compilation of data of any kind that directly or indirectly identifies a person as a member, supporter, or volunteer of, or donor of financial or nonfinancial support to, a nonprofit corporation. Provides a right of action for civil damages for property or personal injury resulting from violations of the statute, with damages permitted for the greater of  $2,500 or three times the amount of actual damages. Additionally allows for a person seeking damages to seek an injunction. Provides for venue; sets a three-year statute of limitations. Specifies that these rights and remedies are in addition to other legal rights and remedies. Allows the court to award attorneys' fees to the prevailing party. Excludes from the statute criminal investigations, court orders, and income tax reviews and investigations under GS Chapter 105. Applies to any rule, regulation, or policy adopted or enforced on or after October 1, 2021. 

Part I.

Revises GS 14-415.4 as follows. Allows for a person who was convicted of a nonviolent felony in the state to petition the district court in the district where the person resides to restore the person's firearms rights so long as the person's civil rights have been restored pursuant to GS Chapter 13 for a period of 10 years (was 20 years). Allows for a person who was convicted of a nonviolent felony in another jurisdiction to petition the court in the same manner if a period of 10 years has passed since the person's civil rights, including the right to possess a firearm, have been restored under the law of the jurisdiction where the conviction occurred or the person became eligible under GS 13-1 to have the person's civil rights automatically restored (was 20 years and did not provide for eligibility under 13-1). Makes satisfaction of the applicable 10-year requirement qualifying criteria for grant of a petition under the statute. No longer includes as qualifying criteria for a court to grant a petition that the petitioner has not been convicted of specified misdemeanors since the conviction of the nonviolent felony. Regarding disqualifying criteria which requires denial of a petition, no longer specifically includes the following in the list of crimes of violence constituting a misdemeanor: GS 14-277.1 (communicating threats); GS 14-288.4(a)(1) or (2) (specified disorderly conduct); and GS 14-288.20A (violation of emergency prohibitions and restrictions). Now specifically excludes misdemeanors under GS 14-33 (misdemeanor assault and battery).

Applies to petitions filed on or after October 1, 2021. 

Part II.

Repeals GS 14-402 through GS 14-405 and GS 14-407.1, which makes it unlawful to sell or transfer and purchase or receive a pistol unless the purchaser holds a pistol purchase permit, and provides for permitting procedures. Makes conforming repeals of GS 14-315(b1)(1) (establishing a defense to selling or giving a weapon to a minor who present a valid permit) and GS 122C-54(d2) (regarding involuntary commitment records furnished for permit application review).

Provides a savings clause for prosecutions for offenses committed before the date the act becomes law. 

Revises GS 90-96.01, which directs the Department of Health and Human Services (DHHS) to oversee the development of a statewide system of drug education schools. Increases the enrollment fee at an accredited school at $275 (was $150), payable to an official designated by the school providing the course (was designated by the area authority). Directs the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services (Commission) to increase the amount of the enrollment fee every five years beginning on July 1, 2024, to reflect any percentage increase in the specified consumer price index. Now directs a clerk who collects enrollment fees to pay the fees to the appropriate school (was the area authority in the catchment area where the clerk is located). Requires the schools to comply with the statute regarding the use of fees. Makes clarifying changes regarding payment of enrollment fees by defendants following conviction and court-ordered enrollment in the school. More specifically requires school to allow parents or guardians of enrollees who are minors to audit the school curriculum along with their children or wards at no expense. Authorizes schools to implement drug education programs subject to DHHS approval (previously DHHS had authority to approve programs to be implemented by area authorities). Allows schools to subcontract for delivery of services, subject to DHHS approval of budgets and contracts with governmental and nongovernmental bodies for operation of schools (similar to that of area authorities previously). Requires fees to be used by the schools for the operation, evaluation, and administration of the respective schools, with use of excess funds limited to drug and alcohol programs. Requires each school to monthly remit 10% of fees collected to the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services (Division; previously, area authorities were required to remit 5% of fees collected). Requires DHHS to supply to each school, at no charge, a manual and any other required curriculum for each fee collected and remitted to DHHS by that school. Prohibits DHHS from using the fees received for any purpose other than supplying manuals and other required curriculum and supporting, evaluating, and administering schools (previously limited to supporting, evaluating, and administering schools), with excess funds remaining at the end of each fiscal year reverting to the General Fund. Prohibits DHHS from using the funds to match other State funds or to be included in any computation for State formula-funded allocations (similar to the previous prohibitions applicable to area authorities). Makes further clarifying and technical changes. Makes language gender neutral. Effective July 1, 2021. 

Includes whereas clauses. Enacts new Article 61B, Black Farmer Restoration Program, in GS Chapter 106, providing as follows. Establishes the Black Farmers and Landowners Restoration Program within the North Carolina Department of Agriculture (Department) to support current Black farmers and to encourage the growth of Black farmers in the field of agriculture. Establishes the Black Farmer Restoration Fund (Fund) consisting of gifts, grants, and donations from non-State entities and General Fund appropriations. Requires the Fund to be used for: (1) the purchase, from willing sellers, of available agricultural land in North Carolina at no more than fair market value; (2) the conveyance of grants of the purchased land to eligible individuals at no cost to the eligible individual; (3) the Farm Conservation Corps established in this act; and (4) grants to universities and nonprofit entities to provide training, advocacy, or legal services to socially disadvantaged farmers. Gives priority for land grants to: (1) socially disadvantaged farmers; (2) eligible individuals with a family history of land dispossession; (3) eligible individuals with experience in agriculture; and (4) eligible individuals who are veterans. Defines an eligible individual as a state resident who is at least 21 years old, has previously identified as Black or African American, and has at least one parent of African ancestry. Caps the land grant at 100 acres. Allows applications from a qualifying entity (as defined in the act) on behalf of one or more eligible individuals. Allows a land grant recipient to sell the land but gives the Department right of first refusal to purchase the land at the appraised value of the land to convey to another eligible individual.

Establishes the Farm Conservation Corps program in the Department to provide state residents ages 18-29 from socially disadvantaged groups the academic, vocational, and social skills necessary to pursue long-term and productive careers in agriculture. Requires Corp members to serve as on-farm apprentices, at no cost, to farms with an annual gross farm income of less than $250,000 operated by: (1) socially disadvantaged farmers (as defined); (2) beginning farmers; or (3) farmers operating certified organic farms.

Amends GS 105-153.5 to allow a taxpayer to deduct from the taxpayer's adjusted gross income up to $50,000 of income from farming operations a qualifying farmer (as defined in GS 105-164.13E) receives during the taxable year. Increases the amount for those married filing jointly when both are qualifying farmers. Effective for taxable years beginning on or after January 1, 2021.

Appropriates $8,450,000 for 2021-22 from the General Fund to the Department to be allocated in the specified amounts to: (1) the Black Farmer Fund with a specified amount for the Farm Conservation Corps, (2) to the Black Farmer Fund and the Agricultural Development and Farmland Preservation Trust Fund for the purchase of agricultural easements and related land restoration projects for Black and socially disadvantaged farmers and landowners through the Black Farmers and Landowners Restoration Program, and (3) to the Department for marketing and advertising. Effective July 1, 2021.

Directs the NC Radiation Protection Commission (Commission) to require that radon mitigation system installers provide the following information to the State Radon Program within the Radiation Protection Section of the Department of Health and Human Services (DHHS): (1) the radon test results and whether the test was done pre- or post-system installation; (2) whether the testing followed any testing standards developed by a national standards organization; (3) the zip code where the system was installed; (4) the kind of structure; and (5) whether the structure is new or existing. Directs the Commission to adopt rules consistent with this directive. 

Amends GS 104E-7 to statutorily authorize the Commission to adopt rules imposing testing and reporting requirements for radon gas inside buildings. Allows the Commission to adopt temporary implementing rules. 

Amends GS 104E-9 to require the Radiation Protection Section of DHHS to produce and annually update a map of radon mitigation systems installed in structures in the State based on the data generated and reported to DHHS under rules for radon gas testing and reporting adopted by the Commission. Effective July 1, 2023.

Part I.

Appropriates $250,000 from the General Fund to the Department of Public Instruction for 2021-22 to provide grants to local school administrative units to provide students with feminine hygiene products. Requires grants to be awarded to any unit that applies by August 1, 2021, and requires grants to be allocated to the units on the basis of average daily membership.

Part II.

Appropriates $350,000 from the General Fund to the Department of Health and Human Services for 2021-22 to be allocated to the Diaper Bank of North Carolina to increase the accessibility of feminine hygiene products in local diaper banks.

Effective July 1, 2021.

Enacts GS 115C-81.46, directing the State Board of Education (State Board) to require that all curriculum, professional development, and teaching standards used to implement instruction reflect balanced political viewpoints. Extends the charge to instruction in local school administrative units, innovative schools, regional schools, and schools for students with visual and hearing impairments. Requires viewpoints of both major US political parties to be presented and given equal weight if one is presented through materials, assignments, lectures, or other instruments for instruction in any classroom or any area of the school.

Directs the State Board to adopt rules and implement policies to comply with new GS 115C-81.46. Allows the State Board to mirror an identified Teaching Standard adopted in June 2007 at the Board's discretion. Requires the State Board to report to the specified NCGA committee by November 15, 2021. Requires rules or policies to be in effect by January 1, 2022.

Enacts GS 115C-98A to require the governing body of local school administrative units, innovative schools, regional schools, schools for students with visual and hearing impairments, and laboratory schools to ensure the following information is annually posted on each school's website, organized by subject area and grade level: (1) the instructional materials and activities that were used during the prior school year, as specified, and (2) any procedures for the documentation, review, or approval of the learning materials for instruction at the school. Details further requirements of the information for identification of materials and activities used. Specifies that digital reproduction of the materials or separate reporting of material components is not required. Defines activities and instructional materials. 

Amends GS 115C-12, GS 115C-47, and GS 115C-238.66 to require the State Board, local boards, and regional school boards of directors to ensure that the information about instructional materials is displayed on the websites of innovative schools, schools for students with visual and hearing impairments, each school in the respective administrative unit, and regional schools, as appropriate for each authority.

Similarly amends GS 116-239.8 to enact identical requirements of chancellors of laboratory schools regarding instruction reflecting balanced political viewpoints as those of the State Board enacted in GS 115C-81.46. Also requires chancellors to ensure that information about instructional materials is displayed on the websites of laboratory schools.

Applies beginning with the display of instructional materials during the 2021-22 school year. 

Includes whereas clauses.

Amends GS Chapter 62, Article 7 (rates of public utilities) to add new section GS 62-133.10A establishing a state goal that 100% of North Carolina's electricity be generated by renewable energy resources by December 31, 2050.  Requires the State Energy Office, in consultation with the North Carolina Utilities Commission and the Public Staff, to develop a plan to achieve that goal, and to submit its plan to the 2022 Regular Session of the 2021 General Assembly upon its convening. 

Establishes the Department of Housing and Community Development (Department) as a cabinet-level department containing the Division of Operations, the Division of Community Development, the Division of Housing and the Policy and Legislative Office. 

Amends GS 143B-2 making the Department subject to the Executive Organization Act of 1973. Amends GS 143B-6 making the Department a principal department.

Amends GS 126-5 listing the Department among those which the Governor may designated positions that are exempt from the NC Human Resources Act.

Enacts new Article 16, Department of Housing and Community Development in GS Chapter 143B, providing as follows. Establishes the Departments and sets out its structure. States the Department's mission as: (1) partner with communities in this State to develop economic potential of communities and residents; (2) provide training and certification for building officials; and (3) invest in housing and community development projects in this State to assist low- to moderate-income residents. Establishes the Secretary of the Department of Housing and Community Development as the head of the Department. Establishes the 9-member North Carolina Board of Housing and Community Development to advise the Secretary and to assist in the mission of the Department. Sets out membership appointment power, sets terms at two years and provides for filling vacancies.

Appropriates $25 million in recurring funds for 2021-22 from the General Fund to the Department. Effective July 1, 2021.

Enacts GS 160D-601(e), establishing the following notice requirements. Requires a local government to provide written notice of proposed changes to a zoning map or permitted land uses of land located within five miles or less from the perimeter boundary of an airport, due to the adoption, modification, or repeal of land use development regulations, to the airport authority or airport operator by certified mail, return receipt requested, at least 10 and no more than 25 days before the date fixed for the hearing. Requires the governing board of the local government to take into consideration any comments or analysis provided by the airport authority or operator regarding the proposed changes and their compatibility with airport operations. Defines airport to mean any publicly owned, commercial service airport with more than 100,000 passenger boardings during the two calendar years. 

Amends GS 160D-602 to require notice of a hearing on proposed zoning map amendments which affect parcels of land within five miles of an airport be mailed to the airport authority or operator responsible for the airport by first-class mail. Specifies that the expanded published notice of subsection (b) does not apply to any airport entitled to notice as an affected property or as a boundary of the airport is located within five miles of an affected property. 

Enacts GS 160D-604, requiring a planning board proposing a zoning regulation affecting an airport or affecting a property within five miles of the boundaries of an airport to provide written notice to the airport authority or operator of the airport at least 10 days but no more than 25 days before the date the planning board is to consider making a recommendation on the proposed zoning regulation. 

Applies to ordinances adopted, amended, or repealed on or after October 1, 2021.