House committee substitute amends the 1st edition as follows.

Qualifies the duty of the Department of Agriculture and Consumer Services to provide either compensatory leave or monetary overtime compensation under GS 106-903 for professional employees of the Forest Service for overtime earned while conducting fire suppression duties, to require that such employees of the Forest Service be exempt from the Fair Labor Standards Act. 

Adds the following content. 

Amends Section 3.9 of SL 2020-97, revising one of the authorized uses of unencumbered funds appropriated to the NC Forest Service under Section 4.1 of SL 2016-124 by the Department of Agriculture and Consumer Services pursuant to the uses set forth in SL 2020-97 and Section 12.9 of SL 2017-57 to allow the Department to use the funds for the construction authorization and partial construction of a Region One headquarters and training facility for the Forest Services, including an office building with classrooms, an equipment maintenance facility, and multi-bay equipment shelters (previously provided for use for the purchase and renovation of an existing facility for use as a regional headquarters and training facility for the Forest Service). Effective on the date the act becomes law.

Makes conforming changes to the act's long title. 

House committee substitute amends the 2nd edition as follows. 

Part I.

Further revises proposed GS 7B-2600(d), which provides for the court's jurisdiction to modify any order of disposition in a case where the court finds the juvenile to be delinquent continues until one of the following occurs: (1) the juvenile reaches the age of 18 for an offense committed prior to the age of 16; (2) the juvenile reaches the age of 19 for an offense committed while the juvenile was at least 16 but less than 17 years of age; (3) the juvenile reaches 20 years of age for an offense committed while the juvenile was at least 17 years of age; (4) the juvenile reaches the maximum term of commitment authorized in GS 7B-2513, as amended, if committed to the Division for placement in a youth development center; or (5) terminated by the court. Adds clarification that the court's jurisdiction continues until the first occurrence of one of the events described in subdivisions (1) through (5). 

House committee substitute to the 1st edition makes the following changes. Further amends GS 18B-103 to add to the requirements to be met for the trade or exchange of lawfully purchased spirituous liquor to require the spirituous liquor not be an antique spirituous liquor. 

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

Makes a correction to the act's long title.

Further amends GS 20-17.8, which now requires designation of any registered vehicles owned by a person whose license has been restored following certain driving while impaired convictions, or vehicles which the person operates or intends to operate, and to have such designated vehicles equipped with a functioning ignition interlock system approved by the Commissioner of Motor Vehicles. Now authorizes the Commissioner to cancel the drivers license of subject persons for operation of a vehicle that is not designated and equipped with a functioning ignition interlock system (previously, limited to operating vehicles not designated). 

Makes a technical correction to proposed GS 20-179.5, which provides for the affordability of court-ordered or statutorily-required ignition interlock systems. 

Section 1

Amends Section 36.15, SL 2013-360 to allow employees of a State agency or institution to perform work involving installation, construction, maintenance, or repair of buildings, wiring, piping, devices, appliances, or equipment located in or constituting improvements located on State-owned land without the requirement of licensure for contractors under GS Chapter 87 if the work is performed by an employee who is employed by the State agency or institution and either the work is valued at less than $100,000 or all work is performed as force-account work otherwise authorized by law up to the value authorized (previously, worded to require all three criteria to be met). 

Section 2

Amends GS 14-258.4 to sentence any prisoner who knowingly and willfully exposes genitalia to an employee while the employee is performing the employee's duties to a minimum term of six months and a maximum of 12 months in prison; maintains that the offense is punishable as a Class I felony. Clarifies that sentences imposed under the statute run consecutively to and commence at the expiration of any sentence being served for an offense by the person sentenced. Applies to offenses committed on or after December 1, 2021.

Section 3

Amends GS 14-258 to require that any prisoner possessing a letter, weapon, tool, good, article of clothing, device, or instrument to effect an escape or aid in an assault or insurrection must be sentenced to a minimum term of 12 months and a maximum of 24 months in prison. Provides for punishment as a Class H felon (technical change; the offense is currently a Class H felony). Makes organizational changes. 

Amends GS 15A-1368.1 by making conforming changes to specify that Article 84A (Post-Release Supervision) of GS Chapter 15A is applicable to felons sentenced to an active punishment under GS 14-258 (providing forbidden articles or tools for escape), and GS 14-258.4 (malicious conduct by prisoner). Makes organizational changes.

Applies to offenses committed on or after December 1, 2021.

Section 4

Enacts GS 143-18.2 to prohibit the personal property of an inmate in the custody of the Division of Adult Correction and Juvenile Justice (Division), Department of Public Safety (DPS) from exceeding a total value of $250. Requires DPS to reimburse an inmate for the value of an item or provide replacement for an item, when DPS’s Administrative Remedies Procedures results in such a recommendation, when the inmate’s personal property is lost, destroyed or damaged through the negligent maintenance of the correctional facility or the negligence of the correctional facility’s employees. Establishes this remedy as the sole remedy for inmate personal property loss, damage, or destruction. Limits reimbursement from exceeding $250 per incident. Prohibits reimbursement of an inmate for lost, damaged, or destroyed State-issued property. 

Enacts GS 143-295.2 to establish that an inmate has no recourse against the Division through Article 31, Tort Claims against State Departments and Agencies, for property lost, stolen, or otherwise damaged through the negligent handling of its correctional facility or staff members, but instead requires reimbursement or replacement of the item pursuant to new GS 148-18.2.

Enacts GS 143-291(e). Establishes that the Industrial Commission (Commission) has no jurisdiction over any claim brought by an inmate in the custody of the Division unless the inmate has exhausted DPS’s Administrative Remedy Procedure set out in GS 148-118.2. Makes conforming changes to GS 148-118.2. Eliminates the provision which allowed a court to waive the exhaustion requirement if it finds waiver to be in the interest of justice. 

Amends GS 143-291.2 to specify that the Commission can tax costs against the losing party in the same amount and manner as costs are taxed in the Superior Court Division of the General Court of Justice (previously, did not specify costs and manner of superior court). Adds an explicit prohibition against the Commission taxing the cost against the prevailing party. Additionally establishes a new disqualification for an inmate seeking indigent status. Prohibits granting indigent status to a currently incarcerated inmate who is the claimant under Article 31 if, while incarcerated or detained in any State facility, the inmate has on three or more prior occasions brought an action or appeal before the Commission that was dismissed on the grounds that it was either frivolous, malicious, not within the statute of limitations, exceeding the exclusive jurisdiction of the Commission, or failing to state a claim upon which relief can by granted. 

Amends GS 143-295 to authorize claims to be settled upon agreement between the various departments, institutions, and agencies of the State and the claimant without approval of the Commission for any amount not to exceed $25,000 (previously, this authority was limited to settlement between the claimant and the Attorney General). Makes conforming changes.

Amends GS 143-299.1A, regarding when the public duty doctrine can be used as an affirmative defense. Establishes that the provisions which specify when the doctrine cannot be used do not limit the application of the public duty doctrine in cases where the claimant is an inmate in the Division’s custody unless the injury arises from the gross negligence of DPS or its staff. 

Enacts GS 143-299.5 to establish limited liability for the Division for damages under Article 31 for acts or omissions of its employees tasked with the supervision, protection, control, confinement, or custody of the State’s inmate population. Excepts gross negligence from the immunity provided.

Applies to property held and actions or claims brought after October 1, 2021. 

Section 5

Amends the powers of a probation officer under GS 15-205 by giving probation officers the authority to serve any warrant or other process issuing from any of the State courts having criminal jurisdiction. Removes the same right to execute process as that given to sheriffs. Gives probation officers authority to assist law enforcement officers in making arrests and preventing escapes from custody when requested or when, in the judgment of the probation officer, such assistance may be necessary. Gives probation officers the authority of peace officers on prison property for the purpose of protecting life and property, for the purpose of transferring prisoners from place to place, and for apprehending, arresting, and returning to prison escaped prisoners. Gives probation officers the authority of peace officers when responding to active assailant incidents and civil disturbances or when assigned to perform additional duties during times of disasters. Effective October 1, 2021.

Section 6

Amends GS 143B-720 to give the Post-Release Supervision and Parole Commission authority to issue orders of temporary or conditional revocation of post-release supervision and parole subjecting supervisees and parolees to arrest by a law enforcement officer or a post-release supervision and parole officer. Requires such orders to be entered into CJLEADS. Effective October 1, 2021.

Section 7

Enacts GS 143B-603A, establishing the Continuously Operating Reference Station Fund (Fund) for the operation, maintenance, and expansion of the NC Continuously Operating Reference Station (CORS)/Real Time Network (RTN) by the NC Geodetic Survey. Provides for funds in the Fund, including legislative appropriations, donations and monies contributed by State and non-State entities. Restricts use of funds to costs associated with CORS/RTN operations, maintenance, and expansion. Effective July 1, 2021.

Section 8

Expands GS 166A-19.21 to require the Secretary of DPS to provide the Governor and the NCGA with a preliminary damage assessment as soon as available when a state of emergency is declared by a municipality or county under GS 166A-19.22 as well as when a state of emergency is declared by the Governor or NCGA under GS 166A-19.20.

Section 9

Amends GS 8-53.10 concerning peer support group counselors. Defines emergency personnel officer as firefighting, search and rescue, or emergency medical service personnel, or any employee of any duly accredited State or local government agency possessing authority to enforce the criminal laws of the State who is (1) actively serving in a position with assigned primary duties and responsibilities for prevention and detection of crime or the general enforcement of the criminal laws of the State and (2) possesses the power of arrest by virtue of an oath administered under the authority of the State. Adds emergency personnel officers to the definition of peer counselor under the statute, subject to the training and designation criteria specified therein. Expands peer counselor to include both active or retired law enforcement officers. Makes conforming changes to the definition of privileged communication. 

Section 10

Amends GS 86A-14 to exempt inmates under the jurisdiction of DPS from the licensing requirements for barbers under GS Chapter 86A.

Section 11

Amends GS 15B-2 by amending the definition of allowable expense under Article 1, GS Chapter 15B (Crime Victims Compensation Act) to include a total charge of up to $8,000 (was, $5,000) for expenses related to funeral, cremation, and burial, excluding flowers, gravestone, and other funeral service items. Applies to expenses incurred on or after July 1, 2021. 

Section 12

Revises the controlling conditions of post-release supervision which can result in revocation of post-release supervision under GS 15A-1368.4(e) to include warrantless searches by the post-release supervision officer of the supervisee's person and of the supervisee's vehicle and premises while the supervisee is present for purposes reasonably related to the post-release supervision, at reasonable times (previously, only provided for searches of the supervisee's person, and did not specify that the searches do not require a warrant). 

Section 13

Makes the act effective on the date the act becomes law unless otherwise provided. 

Sets out NCGA findings related to nonprofit community arts organizations and the impact COVID-19 has had on these organizations. Appropriates $4 million for 2021-22 and again for 2022-23 from the General Fund to the Department of Natural and Cultural Resources, North Carolina Arts Council, to be allocated to nonprofit arts organizations for expenses related to producing arts and cultural programming for the public. Effective July 1, 2021.

Subject to approval by voters at the general election in November 2022, adds new Section 5 to Article III of the NC Constitution, providing as follows. Limits the length of the Governor's executive order to 30 days from the date of issuance if the executive order declares a statewide state of emergency or directs the spending of State funds without the expressed authorization of the NCGA. Allows the order to be extend for an additional 30 days (for a total of 60 days) if there is concurrence of a majority of the Council of State. Allows the Governor to convene the NCGA in extra session to extend the executive order past 60 days. If approved, effective January 1, 2023.

Amends GS 20-116 to prohibit operating a passenger vehicle on the State's highways with a mattress loaded on top of the vehicle's roof. Defines passenger vehicle as a motor vehicle with a gross vehicle weight rating (GVWR) of less than 10,000 pounds that is designed primarily for the transportation of persons. Excludes the transport of a mattress secured in a truck's rear cargo area. Effective December 1, 2021, and applies to offenses committed on or after that date.

Includes whereas clauses.

Enacts new Part 5C to Article 3 of GS Chapter 143B, creating the Youth Mentoring Grant Program (program) within the Department of Health and Human Services (DHHS). States the program's purpose and sets forth defined terms. Establishes the seven-member Youth Mentoring Services Council (Council) to administer the program, appointed by the DHHS Secretary. Provides criteria for the required members and allows for additional members at the Secretary's discretion. Directs the Council to develop an application process and guidelines for grants under the program, and disseminate an application form to be used by applicants. Requires grants to be awarded to eligible applicants to the extent funds are made available. Gives the Council discretion as to the number of grants to award and the amount of each grant within available funds.

Restricts grants to nonprofit organizations that provide mentoring services to youth (defined as ages 5-17) in high-risk situations, defined as including various situations such as poverty or low-wealth, residence in a substance abuse disorder household, trauma from child abuse, and trauma from systemic racism. Lists eight abilities the applicant must demonstrate to be eligible, including effective screening of adult volunteers to serve as mentors, training and supporting mentors, and carefully matching mentors with youth in high-risk situations. Requires applicants to certify they will match grant funds at a ratio of $1 of non-State funds to every $5 in grant funds received. Directs the Council to provide evaluation and reporting requirements to grant recipients with each award. Directs the Council to annually report to the specified NCGA committee. Specifies required content of the reports. 

Appropriates $1.5 million from the General Fund to DHHS, Division of Social Services, for each year of the 2021-23 biennium for the award of grants pursuant to the act. Requires priority to be given to services that are directed toward mitigating the effects of and furthering the recovery from the COVID-19 pandemic. 

Effective July 1, 2021. 

Identical to S 490, filed 4/1/21.

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

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

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

Amends Article 3 of Chapter 95 of the General Statutes to add GS 95-28.2A prohibiting franchisers from requiring franchisees or franchise employees to use personal protective equipment (PPE) in excess of what is required by law during a state of emergency declared under GS 166A-19.20 (Gubernatorial or Legislative Declarations of Emergency). Contractual terms resulting in violations of this section are void.

Directs the Department of Health and Human Services (DHHS) to increase child care subsidy market rates to the 75th percentile beginning October 1, 2021. Appropriates $13.5 million in recurring funds in fiscal year 2021-2022 and $18 million in recurring funds for fiscal year 2022-2023 from the General Fund to DHHS to implement these market rate increases.

In counties where the county child care payment rate is lower than the statewide rate, sets payment rates at the 75th percentile statewide rate beginning October 1, 2021, except in certain circumstances where application of the statewide rate would inhibit the county’s ability to provide child care for low income children. Appropriates $40.5 million in recurring funds in fiscal year 2021-2022 and $54 million in recurring funds in fiscal year 2022-2023 from the General Fund to DHHS to implement these temporary rate increases. The provisions in this paragraph are effective July 1, 2021, and expire when the State adopts another market rate increase or a change in the methodology to calculate child care market rates.

Amends section 11B.3(c) of SL 2017-57 to set the rate child care providers are paid under the child care subsidy program at the market rate (was, the lower of the market rate or the amount charged privately paying parents) and removes the 20 month limitation on receiving child care subsidies while pursuing post-secondary education. Appropriates $10 million in recurring funds in each year of the 2021-2023 biennium from the General Fund to DHHS to implement these changes.

Directs the DHHS Division of Child Development and Early Education to, by December 1, 2022, submit a report to the Joint Legislative Oversight Committee on Health and Human Services summarizing county level data during the specified time frame on children receiving subsidized child care, child care providers paid by the program, and progress in adopting an alternative rate methodology.

Effective July 1, 2021 unless otherwise specified.

Identical to S 646, filed 4/6/21.

Part I.

Enacts new GS Chapter 18D, establishing registration and licensure requirements and procedures governing the operation of cannabis establishments, and making possession and use of cannabis for personal use by persons at least 21 years of age lawful within the statutory possession limit. States legislative findings. Excludes Article 43 of GS Chapter 90, as enacted and governing medical cannabis, from the scope of the new Chapter. Creates the Office of Social Equity (Office) within the Department of Public Safety, and provides for the Office's executive director, funding, and powers and duties, which include defining social equity applicant, advising the Department of Public Safety, providing reporting, investigating establishments, and administering three funds established by the act: the Community Reinvestment and Repair Fund, the Social Equity Fund, and the Cannabis Education and Technical Assistance Fund. 

Charges the Department of Public Safety (Department) with cannabis establishment registration issuance and annual renewal. Provides for conditional approval for applicants that have not yet purchased or leased the establishment location. Subjects registered establishments to Department inspection. Requires establishments operating with on-site consumption to be issued a permit, license, or registration that expressly allows such operation by the local regulatory authority of the locality. Authorizes local prohibition of establishments by ordinance, so long as transportation through or delivery within the locality is permitted. Authorizes localities to govern the time, place, manner, and number of operations consistent with the Chapter. Bars host community agreements whereby establishments or applicants provide anything of value to the locality.

Makes possession, transfer, and use of cannabis by persons at least 21 years of age lawful within the statutory possession limit, defined as: (1) two ounces of cannabis, excluding concentrated cannabis or cannabis products; (2) 15 grams of concentrated cannabis; (3) cannabis products containing no more than 2,000 mg of tetrahydrocannabinol; (4) six cannabis plants; or (5) any additional cannabis produced by the person's cannabis plants provided that possession exceeding these limits is limited to the same property of cultivation. Establishes restrictions for cultivating cannabis plants, including requiring cultivation out of public view and taking reasonable precautions to secure the plants from unauthorized access by minors, with violations constituting infractions punishable by up tp $750 or up to 75 hours of community service. Makes it an infraction, punishable by a fine of up to $50 or up to five hours of community service, to smoke cannabis in a public place or in an area of an on-site consumption establishment where smoking is prohibited. Makes it an infraction to operate a motor vehicle or motorized device used for transportation, punishable by a fine of up to $250, up to 25 hours of community service, and/or license suspension for up to six months. Provides increased penalties for subsequent offenses. 

Makes it an infraction, punishable by a fine of up to $150 or up to 15 hours of community service, for a person under 21 to present false identification in procuring or attempting to procure cannabis, or gaining access to a cannabis establishment. Makes specified extractions from cannabis a Class E felony, punishable by a fine of up to $5,000. Makes possession, use, distribution, or manufacture of cannabis accessories by persons 21 or older lawful, subject to Department rules. For violations, makes a first offense an infraction punishable by a fine of up to $1,000 and forfeiture, and a second offenss a Class A1 misdemeanor punishable by a fine of up to $5,000 and/or up to 180 days in jail and forfeiture. Establishes penalties and court-ordered entry into substance abuse treatment and/or education programs for juveniles and persons over 18 for possessing, using, or purchasing cannabis or cannabis accessories.  Prohibits discrimination in employment and professional licensure and public assistance benefits, and prohibits arresting, prosecuting, or assessing a penalty solely for conduct permitted by the Chapter. Provides other protections relating to child custody or visitation, State or local government benefits and entitlement, medical care, and conditions of pretrial release.

The Chapter does not prevent government employers from disciplining employees or contractors for consumption in the workplace or working while impaired, nor prevent penalization of conduct under the influence which would constitute negligence or professional malpractice. Provides for the Chapter to not apply when it conflicts with the governmental employers' federal obligations or federal monetary or licensing-related benefits. Deems operation of a registered establishment lawful, subject to the Chapter, Department rules, and local authorities. Details requirements for establishments to verify that consumers are 21 or older and provides for an affirmative defense to prosecutions for violations. Provides protections from discrimination for the provision of services to or previous employment at a cannabis establishment. Provides for the rights of property owners and protections for tenants with prior cannabis-related convictions. Deems contracts related to establishment operation enforceable. Details restrictions of law enforcement and State and local governments with respect to conduct permitted under the Chapter. 

Requires the Department to adopt necessary implementing rules within 180 days of January 1, 2022, as specified, and including 27 specified regulations. 

Establishes a 20% cannabis excise tax for sales of cannabis and cannabis products, excluding sales of medical cannabis under Article 43 of GS Chapter 90, as enacted. Details tax collection and administration. Allows municipalities to levy a local option sales tax of 3%, excluding sales of medical cannabis. Details local tax collection and administration. Provides for apportionment of the cannabis excise tax for specified funds and purposes.

Effective January 1, 2022, and applies to offenses committed on or after that date. 

Part II.

Enacts new Article 43, NC Medical Cannabis Act, to GS Chapter 90. Provides broad civil and criminal immunity for a patient or a designated caregiver for purchasing or possessing cannabis for medical use if the quantity does not exceed an adequate supply as determined by the NC Medical Care Commission. Requires the Department of Health and Human Services (DHHS) to issue "registry identification cards" to persons who qualify as patients or designated caregivers, and provides that a card creates a rebuttable presumption of permissible use if the person does not possess more than an adequate supply. Specifies conditions under which provisions of the act are applicable to minors. Prohibits a school, employer, or landlord from refusing to enroll, employ, or lease to, or to otherwise penalize, a person because of his or her status under the act or the permissible possession or use of cannabis. Also provides immunity and protection from penalties for physicians for conduct consistent with the act. Provides other protections relating to conduct of law enforcement, child custody or visitation, constructive possession, and the unauthorized substances tax. Specifies criteria and procedures for DHHS issuance or renewal of registry identification cards and requires that DHHS maintain a confidential list of persons to whom cards are issued. Allows DHHS to verify for law enforcement whether a card is valid and to report to law enforcement about falsified or fraudulent information submitted to DHHS. Makes violation of the confidentiality provision a Class 1 misdemeanor, subject to a fine of up to $1,000.

Directs the NC Medical Care Commission to adopt rules to implement the provisions regarding registry cards, establishing requirements for the issuance of registry identification cards to patients and designated caregivers who meet certain minimum specifications. Requires the rules be adopted no later than 120 days after the effective date of the act.

Defines patient and physician.

Effective January 1, 2022.

Part III.

Enacts GS 15A-145.8B, mandating the automatic expunction of convictions for offenses involving marijuana or hashish that is legal under new GS Chapter 18D by July 1, 2024. Charges the Administrative Office of the Courts (AOC) with determining eligible offenses, creating an electronic list of offenses, and providing the list to clerks of superior court by October 1, 2023, to prepare and complete orders of expungement. Provides for expungement of related government records, except DNA records and samples stored, and reversal of administration actions taken as a result from the charges or convictions expunged. Provides for the effect of the expunction. Effective January 1, 2022.

Part IV.

Makes conforming repeals in the following statutory sections to reflect the new enactments: GS 90-87, GS 90-94, GS 90-95, GS 90-113.22A, GS 90-113.21, GS 105-113.106, GS 105-113.107, GS 105-113-107A, GS 105-113.108, GS 106-134, GS 148-64.1, and GS 90-94.1.

Makes conforming changes to GS 105-113.106, defining dealer to exclude possession of marijuana. 

Effective January 1, 2022.

Part IV.

Includes a severability clause.

Provides a savings clause for prosecutions for offenses committed before the effective date of the act.

Revises GS 14-269(a1), making it unlawful to carry a concealed pistol or gun for an illegal purpose (was, barred for any purpose, unless exemptions apply). Makes a conforming repeal of substantive language allowing for concealed carry on one's own premises, with a concealed carry permit, or by a military permittee, and related defenses to prosecution under the statute. Makes technical changes. Applies to offenses committed on or after December 1, 2021.