The Daily Bulletin: 2021-04-14

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The Daily Bulletin: 2021-04-14

PUBLIC/HOUSE BILLS
H 145 (2021-2022) PROPERTY PROTECTION ACT/DVPO. Filed Feb 24 2021, AN ACT TO PROTECT THE PROPERTY RIGHTS OF PERSONS SUBJECT TO A DOMESTIC VIOLENCE PROTECTIVE ORDER BY ALLOWING THEM TO STORE THEIR FIREARMS WITH OR SELL THEIR FIREARMS THROUGH A QUALIFIED LICENSED FIREARMS DEALER.

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

Deletes the previously proposed changes to GS 50B-3.1 regarding the surrender and disposal of firearms of defendants subject to a domestic violence protective order. Instead amends the statute as follows. Allows a defendant to enter into an agreement with a qualified licensed firearms dealer, after the defendant surrenders possession of all firearms, machine guns, ammunition, and permits to the sheriff pursuant to existing subsection (d). Defines qualified licensed firearms dealer as a federally licensed firearms dealer that operates a business in a commercial building located in the State that is open to the public, who regularly engages in the purchase and sale of firearms with members of the public. 

Provides for the qualified licensed firearms dealer to take possession of the surrendered items from the custody of the sheriff if the defendant is the owner of the items and the items have been in the custody of the sheriff for at least 15 days. Requires that the defendant authorize the qualified licensed firearm dealer to submit a form created by the Administrative Office of the Courts requesting the transfer with notarized signatures of the defendant and the qualified licensed firearms dealer, and authorizing the storage or immediate sale of the firearms, machine guns, and ammunition by the qualified licensed firearms dealer. Requires the qualified licensed firearms dealer to submit the form and a copy of the dealer's valid federal firearms license to the sheriff, who must facilitate the transfer within 24 hours. Specifies that sale proceeds are property of the defendant. Specifies that the defendant's permits remain with the sheriff. Requires the qualified licensed firearms dealer to provide a copy of the record required to be maintained under federal law upon the receipt or disposition of the firearm, machine gun, or ammunition, to the sheriff and the owner, upon taking possession. Makes it a Class 2 misdemeanor for a qualified licensed firearms dealer that accepts possession to (1) release the transferred items to the defendant unless the motion for a protective order is dismissed or any order of surrender expires, or (2) transfer possession to any person the dealer knows or reasonably should know will allow the defendant to exercise case, custody, possession, ownership, or control of the items. Prohibits a sheriff from charging storage fees for the first 15 days for items transferred to a qualified licensed firearms dealers.

Makes conforming changes throughout regarding retrieval, motions to return by third-party owners, and disposal, making the provisions applicable to qualified licensed firearms dealers.

Revises the procedure for a defendant's surrendered items to be returned. Now requires the defendant to submit a written request with the sheriff or the qualified licensed firearms dealers who has control of the firearms, ammunition, or permits (was file a motion with the court) at the expiration of the current order or final disposition of any pending criminal charges committed against the person that is subject to the current protective order, no later than 30 days (was, 90 days) after the expiration of the current order or final disposition of any pending criminal charge committed against the person that is subject to the current protective order. Upon receipt of the request, requires the sheriff or the qualified licensed firearms dealer to conduct a check through the NICS, and file a motion with the court on a form created by AOC if the check provides grounds for the defendant's preclusion from owning or possessing a firearm under State or federal law, during which time the items cannot be returned to the defendant until a court rules on the motion. Requires the court to hold a hearing and rule on the motion as previously provided for motions by the defendant for return of the items, with notice required for the qualified licensed firearms dealers, as applicable. 

Adds that a judge can order firearms and ammunition surrendered to a qualified licensed firearms dealer to be disposed of by sale by the dealer. Specifies that proceeds from the sale after deducting any costs associated with the sale and any storage fees owed to the sheriff or the qualified licensed firearms dealer must be provided to the defendant (previously, did not include deductions for storage fees from sale proceeds under this subsection). No longer requires the defendant to request proceeds from the sale by motion before or at the hearing.

Makes conforming, organizational, and clarifying changes. Maintains that the act applies to orders issued on or after the date the act becomes law. 

Changes the act's long title. 

Intro. by Adams, Kidwell, McNeill, Turner.GS 50B
H 160 (2021-2022) RETIREMENT SERVICE PURCHASE REWRITE PART II.-AB Filed Feb 25 2021, AN ACT MAKING TECHNICAL, CLARIFYING, AND ADMINISTRATIVE CHANGES TO LAWS RELATING TO SERVICE PURCHASES UNDER THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM, AND THE CONSOLIDATED JUDICIAL RETIREMENT SYSTEM.

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

Part I.

No longer recodifies specified subdivisions and subsections of GS 135-4 as subdivisions of GS 135-4.5(b). No longer modifies those subdivisions and adds to GS 135-4.5, concerning creditable service purchases by members of the Teachers' and State Employees' Retirement System (TSERS). Instead, amends GS 135-4, concerning creditable service purchases by members under TSERS, as follows. 

Amends subsection (p), which allows for members to purchase service credit on or before December 31, 2021, for temporary State employment upon completion of 10 years of membership service upon classification of a temporary employee for more than three years, to specify that any inchoate or accrued rights of a member to purchase creditable service that existed before December 31, 2021, cannot be diminished and can by purchased as creditable service with TSERS under the same conditions which would have otherwise applied. 

Enacts new subsection (cc1) to allow any member in service with five or more years of membership service to purchase creditable service on and after January 1, 2023, for any employment as an employee of a charter school operated by a private nonprofit corporation or by a municipality whose board of directors did not elect to participate in TSERS, by paying a total lump sum payment. Limits the total amount of creditable service purchased at five years. Provides for calculation of the payment and for payment by the member to be credited to the member's annuity savings account. Allows for employers to pay all or part of the cost, and requires such payments made by employers to be credited to the pension accumulation fund. Makes conforming changes to existing subsection (cc), which allows for purchase of creditable service by members (does not specify members in service) for the same employment upon completion of five years of service with variance in calculation and payment, limiting the provision to purchases made on or before January 1, 2023. 

Enacts new subsection (j2) to allow any member in service with five or more years of membership service to purchase creditable service for service as a member of the NCGA not otherwise creditable under the statute, so long as the service is not created in the Legislative Retirement Fund nor the Legislative Retirement System, by paying a total lump sum payment. Limits the total amount of creditable service purchased at five years. Provides for calculation of the payment and for payment by the member to be credited to the member's annuity savings account. Allows for employers to pay all or part of the cost, and requires such payments made by employers to be credited to the pension accumulation fund. Makes conforming changes to existing subsection (j1), which allows for purchase of creditable service by members (does not specify members in service nor require a member to have five or more years of membership service) for the same employment with variance in calculation and payment, limiting the provision to purchases made on or before January 1, 2023. 

Maintains the proposed changes to GS 135-4(ff), regarding retroactive membership service.

Adds to the subsections repealed of GS 135-4, subsection (w), which provides for credit at full cost for federal employment, and credit for employment with public community service entities on or before December 31, 2021.

Changes the effective date of the provisions of Part I to July 1, 2022 (previously, the entire act was effective January 1, 2022).

Part II.

Further amends GS 128-26, concerning the purchase of creditable service by members of the Local Governmental Employees' Retirement System (LGERS). Enacts new subsection (h2), providing identical service purchase provisions as those enacted in GS 135-4(j2) under TSERS, regarding service as a member of the NCGA on or after January 1, 2023. Maintains the previously proposed change to subsection (h1), limiting similar purchase provisions for NCGA service to purchases prior to January 1, 2023. 

Adds to the subsections repealed of GS 128-26, subsection (o), which is identical to subsection (w) of GS 135-4, described above, also repealed by the act.

Changes the effective date of the provisions of Part II to July 1, 2022 (previously, the entire act was effective January 1, 2022).

Part III.

Further amends GS 135-56, concerning the purchase of creditable service by members of the Consolidated Judicial Retirements System (CJRS), enacting new subsection (e1), providing identical service purchase provisions as those enacted in GS 135-4(j2) under TSERS and GS 128-26(h2) under LGERS, regarding service as a member of the NCGA on or after January 1, 2023. Maintains the previously proposed change to subsection (e), limiting similar purchase provisions for NCGA service to purchases prior to January 1, 2023. 

Part IV.

Makes conforming changes to the act's effective date provision. 

Makes conforming changes to the act's long title. 

Intro. by McNeill, C. Smith.GS 128, GS 135
H 198 (2021-2022) FOREST SERVICE CHANGES. Filed Mar 2 2021, AN ACT TO ALLOW MAGISTRATES TO WAIVE TRIALS FOR STATE FOREST RULE OFFENSES; TO EXEMPT CERTAIN FIRES FROM OPEN BURNING LAWS; TO MODIFY OVERTIME POLICY FOR THE NORTH CAROLINA FOREST SERVICE; AND TO CLARIFY THE USE OF FUNDS FOR CONSTRUCTION OF FOREST SERVICE HEADQUARTERS.

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. 

Intro. by McNeely, Greene, Dixon, Strickland.GS 7A, GS 106
H 243 (2021-2022) BUDGET TECHNICAL CORRECTIONS (NEW). Filed Mar 9 2021, AN ACT TO MAKE TECHNICAL, CLARIFYING, AND OTHER MODIFICATIONS TO THE CURRENT OPERATIONS APPROPRIATIONS ACT OF 2021 AND TO OTHER LEGISLATION.

Senate committee substitute makes the following changes to the 3rd edition.

Part I.

Revises the requirements for implementation of the temporary salary reduction for employees of the UNC System by the President or, if delegated, the chancellor of a constituent institution, as authorized by the act. Now prohibits a salary reduction from resulting in an annual salary for any employee of less than $65,000 (was, $45,000). Also prohibits a salary reduction from being greater than 10% (was, 20%) of an employee's annual base salary within any 12-month period. 

Intro. by Hardister, Hurley, Pickett, Terry.GS 116
H 252 (2021-2022) BAIL BOND/BONDSMEN PROVISIONS/OTHER CHANGES. (NEW) Filed Mar 9 2021, AN ACT TO MODIFY QUALIFICATIONS AND TESTING PROCEDURES FOR BAIL BONDSMEN AND RUNNERS, TO MODIFY VARIOUS PROVISIONS RELATED TO BAIL BOND FORFEITURES, TO RECODIFY THE OFFENSE OF VEHICLE TAMPERING, TO AUTHORIZE THE STATE TO EXERCISE CONCURRENT JURISDICTION FOR OFFENSES COMMITTED BY JUVENILES ON UNITED STATES MILITARY BASES LOCATED WITHIN THE STATE, TO ALLOW ALL SPECIAL AGENTS OF THE DEPARTMENT OF DEFENSE TO ASSIST STATE AND LOCAL LAW ENFORCEMENT UPON REQUEST, TO CLARIFY VACANCY ELECTIONS FOR DISTRICT COURT JUDGES, AND TO MAKE TECHNICAL CORRECTIONS.

House committee substitute amends the 1st edition as follows. 

Part I.

Makes clarifications to the proposed changes set forth in GS 7B-2513, regarding commitment of delinquent juveniles to the Division of Adult Correction and Juvenile Justice (Division) of the Department of Public Safety (DPS). 

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 subdivisions (1) through (3) do not apply if subdivision (4) applies. 

Part V.

Adds the following. Recodifies GS 20-107, which provides the offense of injuring or tampering with a vehicle, punishable as a Class 2 misdemeanor, as GS 14-160.4. Amends GS 20-49 to retain existing authorities granted to the Commissioner of Motor Vehicles, officers and inspectors of the Division of Motor Vehicles designated by the Commissioner, Highway Patrol members and law enforcement officers of the Department of Public Safety the power of peace officers for the enforcement of Article 3, the Motor Vehicle Act and other laws regulating the operation of vehicles or the use of the highways, to include the enforcement of GS 14-160.4, as recodified, which was previously organized under Article 3 of GS Chapter 20. 

Makes conforming changes to the act's title. 

Intro. by McNeill, C. Smith, Richardson, Greene.GS 7A, GS 7B, GS 14, GS 20
H 252 (2021-2022) BAIL BOND/BONDSMEN PROVISIONS/OTHER CHANGES. (NEW) Filed Mar 9 2021, AN ACT TO MODIFY QUALIFICATIONS AND TESTING PROCEDURES FOR BAIL BONDSMEN AND RUNNERS, TO MODIFY VARIOUS PROVISIONS RELATED TO BAIL BOND FORFEITURES, TO RECODIFY THE OFFENSE OF VEHICLE TAMPERING, TO AUTHORIZE THE STATE TO EXERCISE CONCURRENT JURISDICTION FOR OFFENSES COMMITTED BY JUVENILES ON UNITED STATES MILITARY BASES LOCATED WITHIN THE STATE, TO ALLOW ALL SPECIAL AGENTS OF THE DEPARTMENT OF DEFENSE TO ASSIST STATE AND LOCAL LAW ENFORCEMENT UPON REQUEST, TO CLARIFY VACANCY ELECTIONS FOR DISTRICT COURT JUDGES, AND TO MAKE TECHNICAL CORRECTIONS.

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). 

Intro. by McNeill, C. Smith, Richardson, Greene.GS 7A, GS 7B, GS 14, GS 20
H 328 (2021-2022) ALLOW TRADE OR EXCHANGE OF SPIRITUOUS LIQUOR. Filed Mar 17 2021, AN ACT TO ALLOW CERTAIN TRADES OR EXCHANGES OF LAWFULLY PURCHASED SPIRITUOUS LIQUOR WITHOUT OBTAINING A PERMIT.

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. 

Intro. by Moffitt, Bradford, Dahle, Hardister.GS 18B
H 352 (2021-2022) HOTEL SAFETY ISSUES. Filed Mar 22 2021, AN ACT TO CLARIFY THAT OCCUPANTS OF ACCOMMODATIONS PROVIDED BY HOTELS, MOTELS, OR SIMILAR LODGINGS DO NOT CREATE A TENANCY AND ARE NOT SUBJECT TO CHAPTER 42 OF THE GENERAL STATUTES AND TO CLARIFY THAT THESE OCCUPANCIES ARE GOVERNED BY THE STATUTES RELATING TO INNS, HOTELS, AND OTHER TRANSIENT OCCUPANCIES.

House amendment makes the following changes to the 2nd edition.

Adds the following. Makes a conforming repeal of GS 42-39(a), which sets forth an exemption from the provisions of Article 5, which governs residential rental agreements, for transient occupancy in a hotel, motel, or similar lodging subject to regulation by the Commission for public health (as new GS 42-14.5, enacted by the act, exempts transient occupancies from the entire Chapter).

Intro. by Bradford, Mills, Moffitt, Richardson.GS 42, GS 72
H 402 (2021-2022) BEGIN MODERNIZING IGNITION INTERLOCK LAWS. Filed Mar 24 2021, AN ACT TO ELIMINATE THE MANDATORY WAITING PERIODS FOR DRIVERS LICENSE RESTORATION OR LIMITED DRIVING PRIVILEGES IF THE PERSON IS OPERATING A MOTOR VEHICLE THAT HAS A FUNCTIONING IGNITION INTERLOCK SYSTEM INSTALLED ON IT; TO REQUIRE FOR THE RESTORATION OF LICENSES AFTER CERTAIN DRIVING WHILE IMPAIRED CONVICTIONS, OR THE ISSUANCE OF LIMITED DRIVING PRIVILEGES, AN IGNITION INTERLOCK SYSTEM BE INSTALLED ON ONLY THE MOTOR VEHICLES THE PERSON WILL DRIVE; TO ELIMINATE THE RESTRICTIONS ON THE PURPOSES FOR DRIVING AND THE HOURS DURING WHICH A PERSON MAY OPERATE A MOTOR VEHICLE IF THE PERSON IS OPERATING A MOTOR VEHICLE WITH A FUNCTIONING IGNITION INTERLOCK SYSTEM INSTALLED ON IT; TO ALLOW THE WAIVER OR REDUCTION OF COSTS FOR CERTAIN PERSONS REQUIRED TO INSTALL AN IGNITION INTERLOCK SYSTEM; TO REVISE THE MAXIMUM BLOOD ALCOHOL CONCENTRATION LEVEL FOR THE OPERATION OF A MOTOR VEHICLE IN CERTAIN CIRCUMSTANCES TO THE IGNITION INTERLOCK SYSTEM PRE-SET FAIL LEVEL; AND TO REQUIRE THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON JUSTICE AND PUBLIC SAFETY TO STUDY WHETHER TO EXPAND THE USE OF IGNITION INTERLOCK SYSTEMS.

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. 

Intro. by Faircloth, Stevens, Clampitt, Greene.STUDY, GS 20
H 559 (2021-2022) REPEAL PISTOL PURCHASE PERMIT REQUIREMENT. Filed Apr 14 2021, AN ACT TO ALLOW THE PURCHASE OF A HANDGUN WITHOUT A PISTOL PURCHASE PERMIT.

Repeals the following statutes concerning pistol permits: GS 14-402 (forbidding sale of pistols without permit), GS 14-403 (concerning issuance of a permit to purchase a pistol), GS 14-404 (concerning permit denials) and GS 14-405 (concerning confidentiality and record keeping requirements). Repeals GS 14-407.1 (concerning permits for the purchase of blank cartridge pistols). Repeals GS 14-315(b1)(1) (setting out the defense for selling a weapon to a minor that the minor produced a permit under now repealed GS 14-402). Repeals GS 122C-54(d2) (giving a sheriff access to a record of involuntary commitment for mental health treatment or for substance abuse treatment that is required to be reported to the National Instant Criminal Background Check System (NICS) by GS 14-409.43, for the purposes of conducting background checks under now repealed GS 14-404).

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

Intro. by Kidwell, Hanig, Goodwin, Moss.GS 14, GS 122C
H 560 (2021-2022) PUBLIC SAFETY REFORM. Filed Apr 14 2021, AN ACT TO MODIFY THE LAWS OF THE STATE RELATING TO PUBLIC SAFETY.

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. 

Intro. by Boles, A. Jones, Logan, McNeill.GS 8, GS 14, GS 15A, GS 15B, GS 86A, GS 143, GS 143B, GS 148, GS 166A
H 561 (2021-2022) LOCAL CONFINEMENT FACILITY INSPECTION APPEALS. Filed Apr 14 2021, AN ACT TO EXPAND THE RIGHTS OF APPEAL PURSUANT TO INSPECTIONS OF LOCAL CONFINEMENT FACILITIES.

Amends GS 153A-222, which governs the inspections of local confinement facilities. Requires that Department of Health and Human Services (DHHS) inspectors must include in their written reports each way in which the facility is alleged to be deficient (was, each way in which the facility does not meet the minimum standards under GS 153A-221). Now requires the governing body to consider the inspection report and, within 30 days of receiving the report, initiate any action necessary to bring the facility into conformity with the minimum standards published pursuant to GS 153A-221, or request a contested case hearing regarding any or all findings in the report (previously, required the governing body to consider the report at its next regular hearing following receipt and promptly initiate action necessary to conform to the minimum standards). Enacts a new subsection authorizing a local government, sheriff, or other administrator of a local confinement facility to request a contested case hearing regarding findings in the report in accordance with the Administrative Procedure Act, with appeals also governed by the APA. Makes technical changes to refer to inmate throughout the statute, rather than patient, resident, client, or gender specific pronouns. Makes clarifying changes. 

Directs DHHS to adopt temporary implementing rules, and permanent rules by October 1, 2022. 

Effective October 1, 2021. 

Intro. by Greene, Stevens, McNeill, Miller.GS 153A
H 562 (2021-2022) FUNDS TO SUPPORT THE ARTS. Filed Apr 14 2021, AN ACT TO PROVIDE FUNDING FOR NONPROFIT ARTS ORGANIZATIONS TO PRODUCE PROGRAMMING FOR THE PUBLIC AFTER BEING NEGATIVELY IMPACTED BY THE COVID-19 PANDEMIC.

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.

Intro. by Carney, Elmore, Paré, Fisher.APPROP
H 563 (2021-2022) RENEWABLE ENERGY TAX CREDIT. Filed Apr 14 2021, AN ACT TO REENACT A TAX CREDIT INCENTIVE FOR INVESTING IN RENEWABLE ENERGY PROPERTY.

Identical to S 563, filed 4/6/21.

Reenacts GS 105-129.16A, which establishes a tax credit for taxpayers that have invested in renewable energy property at 35% of the cost of the property if placed in service in the state during the taxable year. Extends the sunset of the statute, so that the statute is repealed effective for renewable energy placed into service on or after January 1, 2025 (was January 1, 2016). Repeals subsections (f) through (h), which provide delayed sunsets for certain renewable energy properties. Makes conforming changes. Effective for taxable years beginning on or after January 1, 2021. 

Intro. by Harris, Autry, Lofton, Hurtado.GS 105
H 564 (2021-2022) EXECUTIVE ORDER/LIMITATIONS. Filed Apr 14 2021, AN ACT TO AMEND THE CONSTITUTION OF NORTH CAROLINA TO LIMIT THE LENGTH OF TIME GUBERNATORIAL EXECUTIVE ORDERS ARE IN EFFECT TO A MAXIMUM OF SIXTY DAYS WITH THE CONCURRENCE OF A MAJORITY OF THE COUNCIL OF STATE.

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.

Intro. by Kidwell, Hanig, Brody, McNeely.CONST
H 565 (2021-2022) EQUAL PAY FOR EQUAL WORK. Filed Apr 14 2021, AN ACT TO PROHIBIT DISCRIMINATION IN THE PAYMENT OF WAGES ON THE BASIS OF THE GENDER OF THE EMPLOYEE.

Substantively identical to S 573, filed 4/14/21.

Refers to the act as the "North Carolina Equal Pay Act."

Enacts new GS 95-25.6A (Discrimination in payment of wages on the basis of gender of employee prohibited). Defines comparable work and working conditions.

Prohibits discrimination on the basis of gender in the payment of salary or wages, including benefits, or payment of salary or wage rates less than the rates paid to employees of a different gender for comparable work. Provides that variations in salary and wages are not prohibited if the variations are based on six listed things, including seniority, merit, and geographic location. Provides that an employer in violation of this statute may not reduce the pay of any employee to comply with this statute.

Prohibits employers from (1) requiring employees to refrain from inquiring about, discussing, or disclosing wages; (2) screening job applicants based on their wage histories; (3) seeking the salary history of prospective employees from current or former employers; or (4) discharging employees for opposing acts made unlawful by this statute, complaining or causing a proceeding under this statute, testifying or otherwise participating in an investigation or proceeding under this statute, or disclosing wage information.

Provides that employers violating this statute are liable to affected employees in the amount of the employees' unpaid salary or wages, including benefits and reasonable attorneys fees at the court's discretion. Provides a three-year statute of limitations for actions arising from a violation, and includes each separate wage payment in violation of this statute as a violation for purposes of the statute of limitations.

Requires employers to post notice in their workplaces of employees' rights under this statute.

Effective January 1, 2022.

Intro. by Cunningham, Fisher, K. Smith, von Haefen.GS 95
H 566 (2021-2022) MATTRESS TRANSPORT ON VEHICLE ROOF PROHIBITED. Filed Apr 14 2021, AN ACT TO PROHIBIT CARRYING A MATTRESS ON THE ROOF OF A PASSENGER VEHICLE.

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.

Intro. by Zachary, Watford.GS 20
H 567 (2021-2022) 2021 YOUTH END ACT. Filed Apr 14 2021, AN ACT ENACTING THE "YOUTH END NICOTINE DEPENDENCE ACT" OR "YOUTH END ACT."

Includes whereas clauses.

Enacts new GS 14-313.5 creating the Tobacco Use Prevention Fund (Fund) in the Division of Public Health, Chronic Disease and Injury Section (Division) within DHHS, to prevent the use of new and emerging tobacco products, especially among youth and people of childbearing age. Prohibits DHHS from using the funds in the Fund for anything beyond the seven stated purposes, including funding local health departments to provide regional community-based education and training of community leaders regarding CDC evidence-based tobacco use prevention and cessation interventions, and tracking youth tobacco use and exposure. Requires DHHS to administer the Fund and allows up to 10% of the amount appropriated to the Fund each fiscal year from the Settlement Reserve Fund to be used for administrative purposes. Requires DHHS to report annually by March 1 to the specified NCGA committee and division on the expenditures from the Fund.

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

Effective July 1, 2021.

Intro. by Adcock, Lambeth, Carney, Ball.GS 14, GS 143C
H 568 (2021-2022) YOUTH MENTORING SERVICES ACT. Filed Apr 14 2021, AN ACT TO ESTABLISH THE YOUTH MENTORING GRANT PROGRAM.

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. 

Intro. by Meyer, Hardister, Hurtado.APPROP, GS 143B
H 569 (2021-2022) ENABLING OPPORTUNITY SCHOLARSHIP REPORTING. Filed Apr 14 2021, AN ACT TO REQUIRE THE ADMINISTRATION OF A COMMON EXAMINATION TO A SAMPLE OF CERTAIN NONPUBLIC AND PUBLIC STUDENTS FOR THE PURPOSES OF ENABLING OPPORTUNITY SCHOLARSHIP GRANT PROGRAM REPORTING AND TO PROVIDE FOR FUNDS FOR THE EVALUATION.

Includes whereas clauses.

Amends GS 115C-562.2 to require an eligible student awarded an opportunity scholarship grant to attend a nonpublic school to participate, if selected, in administration of a common examination selected by the State Education Assistance Authority (Authority) for program evaluation purposes, in order to maintain eligibility for receipt of the scholarship grant.

Amends GS 115C-562.5 to require nonpublic schools that accept eligible students receiving opportunity scholarship grants to (1) administer or allow administration of a common examination to those students selected for purposes of program evaluation, and (2) provide to the Authority grade retention rates for students receiving scholarship grants and grade retention rates for the total number of students enrolled.

Amends GS 115C-562.7 to require the Authority to annually report to the specified NCGA committees on the evaluation of the opportunity scholarship grants as required by GS 115C-562.7A, as enacted. Eliminates previous reporting requirements of the Authority concerning scholarship grants.

Enacts GS 115C-562.7A to require the Authority to select an independent research organization to conduct research for the reporting required under GS 115C-562.7(c), as amended. Requires the Authority to select a common test to be used for scholarship grant evaluations. Requires the Authority to provide information to the organization to establish student samples. Details the information the organization is required to research and report to the Authority concerning learning gains and losses of students receiving scholarship grants, and competitive effects on public school performance on standardized tests as a result of the scholarship grant program (similar to the reporting requirements eliminated from GS 115C-562.7 by the act). Details student sample selection requirements and evaluation. Provides for schools to provide the organization with test results if a selected student has otherwise been administered the common test in that school year. Requires DPI and the Authority to provide aggregate test information for nonpublic and public students to the organization upon request. Deems all personally identifiable student information confidential and not public record.

Amends GS 115C-174.11 to mandate that DPI require local boards of education to participate in the administration of the common test for purposes set out in new GS 115C-562.7A. Adds that the testing should be conducted with the smallest sample size necessary to ensure valid comparisons.

The above provisions apply beginning with the 2021-22 school year.

Amends GS 115C-562.8 to allow the Authority to retain 4% of funds appropriated to award scholarship grants or $2.15 million each fiscal year for administrative costs for the scholarship program (was, up to 4% of the funds appropriated or $1.5 million). Adds a new requirement for the Authority to use up to $150,000 each fiscal year to cover expenses related to the selection of an independent research organization for program evaluation under new GS 115C-562.7A. Effective July 1, 2021.

Makes a conforming reporting deletion in Section 8.29 of SL 2013-360.

Requires the Authority to select an independent research organization beginning with the 2020-21 school year, with the first learning gains report required under GS 115C-562.7, as amended, due December 1, 2022.

Requires a nonpublic school enrolling a student receiving an opportunity scholarship grant for the 2021-22 school year to provide the Authority with data on grade retention required under GS 115C-562.5(a)(4b), as enacted, for the 2017-18, 2018-19, 2019-20, and 2020-21 school years.

Intro. by Ball, Hunt, Quick, Meyer.GS 115C
H 570 (2021-2022) LICENSE TO WORK. Filed Apr 14 2021, AN ACT TO REVISE CERTAIN LICENSE REVOCATION LAWS TO ENABLE ACCESS TO EMPLOYMENT.

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. 

Intro. by Morey, Alston, Hurtado, Rogers.GS 20
H 571 (2021-2022) FUNDS/SMITH REYNOLDS AIRPORT RENOVATIONS. Filed Apr 14 2021, AN ACT TO APPROPRIATE FUNDS FOR RENOVATIONS AND IMPROVEMENTS OF FORSYTH COUNTY'S SMITH REYNOLDS AIRPORT.

Contains whereas clauses. Appropriates $30 million from the General Fund to Forsyth County in fiscal year 2021-2022 to fund renovations of the Smith Reynolds Airport facilities. Effective July 1, 2021.

Intro. by Zachary, Zenger, A. Baker, Lambeth.APPROP, Forsyth
H 572 (2021-2022) NO VACCINE MANDATE BY EO, RULE, OR AGENCY. (NEW) Filed Apr 14 2021, AN ACT TO PROHIBIT THE CREATION OF A VACCINE MANDATE BY USE OF AN EXECUTIVE ORDER OR THE RULEMAKING PROCESS.

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.

Intro. by Kidwell, Hanig, Moss.GS 95
H 573 (2021-2022) NC MEDICAID &AMP SNAP PROGRAM INTEGRITY REFORM. Filed Apr 14 2021, AN ACT TO ADDRESS MEDICAID ELIGIBILITY DETERMINATIONS AND MONITORING WHEN THERE ARE FEDERAL RESTRICTIONS OR LIMITATIONS PREVENTING THE STATE FROM DISENROLLING CERTAIN INDIVIDUALS FROM THE MEDICAID PROGRAM, TO ESTABLISH STANDARDS FOR QUALIFIED HOSPITALS ABLE TO MAKE PRESUMPTIVE ELIGIBILITY DETERMINATIONS FOR THE MEDICAID PROGRAM, TO REQUIRE APPLICANTS FOR FOOD AND NUTRITION SERVICES BENEFITS TO COOPERATE WITH THE CHILD SUPPORT ENFORCEMENT PROGRAM AS A CONDITION OF ELIGIBILITY FOR BENEFITS AND REPORT ANY CHANGE IN CIRCUMSTANCES TO ALLOW RE-VERIFICATION OF ELIGIBILITY AND TO LIMIT THE MEANS BY WHICH A PERSON MAY BE GRANTED CATEGORICAL ELIGIBILITY FOR PURPOSES OF RECEIVING FOOD AND NUTRITION SERVICES BENEFITS UNDER THE SUPPLEMENTAL NUTRITION AND ASSISTANCE PROGRAM (SNAP).

Part I.

Revises GS 108A-55.5 to require the Department of Health and Human Services (DHHS) to conduct a monthly rather than quarterly review of information concerning changes in circumstances that might affect medical assistance beneficiaries' eligibility to receive medical assistance benefits.

Enacts GS 108A-55.6, requiring DHHS to direct county departments of social services (dss) to continue to conduct redeterminations of eligibility for medial assistance in the same manner and to act on redeterminations to the fullest extent permissible under the law in the event the State receives federal funding for medical assistance that is contingent upon temporary maintenance of effort restrictions or that limits the ability of the State to disenroll individuals from the State's medical assistance program. Additionally, when such circumstances arise, directs DHHS to conduct a full audit within 60 days of the expiration of the restrictions or limitations, consisting of four specified actions, including ensuring that counties complete and act upon eligibility redeterminations for all cases that have not had a redetermination within the last 12 months; requesting approval from the Centers for Medicare and Medicaid Services (CMS) for the authority to conduct and act upon eligibility determinations for each beneficiary enrolled during the period of restriction or limitation who had been enrolled for more than three total months and requiring counties to complete and act on the redeterminations within 60 days of CMS approval. 

Applies to any applicable restrictions or limitations placed upon the NC Medicaid program on or after October 1, 2021. 

Part II.

Enacts GS 108A-55.7, establishing required actions qualified hospitals, as defined by statutory cross-reference, must take when making a presumptive eligibility determination for Medicaid benefits, including notification of DHHS within five business days of the determination, assisting individuals with completing and submitting a full application, and providing written notification to applicants regarding the effect of either failing to properly submit a full application or properly submitting a full application upon the presumptive eligibility determination. Directs DHHS to establish standards to ensure accurate presumptive eligibility determinations are made by each qualified hospital, which must be related to the following three identified measures: DHHS receipt of the Medicaid presumptive eligibility card within five business days of the determination date; the proportion of individuals determined to be presumptively eligible by the qualified hospital who submit a full application for benefits before the end of the presumptive eligibility period; and the proportion of individuals determined to be presumptively eligible who are eligible based on a submitted full application for benefits. Requires DHHS to notify a qualified hospital failing to meet the established standards, in writing, within five days from the date DHHS determined the standard was not met. Details notice requirements, including consequences of second and third findings of failure to meet the established standards, including mandatory staff training by DHHS for the second finding, followed by disqualification from eligibility to make presumptive eligibility determinations of any kind for a third finding. Explicitly provides that failure to meet the established standards more than twice results in disqualification under specified federal law and disqualification from eligibility to make presumptive eligibility determinations of any kind for a third finding.

Adds that DHHS and dss cannot be designated as a qualified entity for the purpose of making presumptive eligibility determinations for Medicaid coverage unless required by federal law. 

Applies to presumptive eligibility determinations made on or after October 1, 2021.

Part III.

Enacts GS 108A-52.1, directing DHHS to require applicants for electronic food and nutrition benefits to cooperate with the Child Support Enforcement Program under GS Chapter 110 as a condition of eligibility for the benefits pursuant to specified federal law. 

Enacts GS 108A-52.2, establishing a new requirements for persons eligible to receive electronic food and nutrition benefits to report to DHHS any change in circumstances within 10 days of the date of the change to allow DHHS to re-verify the person's eligibility.

Enacts GS 108A-52.3, barring DHHS from granting a person categorical eligibility under specified federal law defining "eligible households" for the food and nutrition services program based on noncash, in-kind, or other benefits unless expressly required by federal law. 

Effective January 1, 2022. 

Intro. by Stevens, Carter, Warren, Goodwin.GS 108A
H 574 (2021-2022) REVISE CHILD CARE SUBSIDY RATES. Filed Apr 14 2021, AN ACT TO STABILIZE CHILD CARE PROVIDERS BY INCREASING CHILD CARE SUBSIDY RATES.

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.

Intro. by Willis, von Haefen, Szoka, Clemmons.APPROP
H 575 (2021-2022) VOLUNTEER RESCUE WORKER TAX CREDIT. Filed Apr 14 2021, AN ACT TO ALLOW AN INCOME TAX CREDIT TO CERTAIN VOLUNTEER WORKERS FOR UNREIMBURSED BUSINESS EXPENSES.

Enacts new GS 105-153.11 to give eligible firefighters and rescue squad workers an income tax credit equal to the amount of business expenses related to the taxpayer's rescue work (defined as firefighting and rescue or emergency medical service) which the taxpayer is not reimbursed by the department or squad. Caps the credit at the lesser of $500 or the amount of the imposed tax reduced by the allowable credits, except payments made by or on behalf of the taxpayer. Effective for taxable years beginning on or after January 1, 2021.

Intro. by Kidwell, Hanig, Moss, McNeely.GS 105
H 576 (2021-2022) MARIJUANA JUSTICE AND REINVESTMENT ACT. Filed Apr 14 2021, AN ACT TO LEGALIZE AND REGULATE THE SALE, POSSESSION, AND USE OF CANNABIS IN NORTH CAROLINA.

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.

Intro. by Meyer, R. Smith, Ager, Brown.GS 15A, GS 18D, GS 90, GS 105, GS 106, GS 148
H 577 (2021-2022) UTILITIES CUSTOMERS' RIGHT OF REFUSAL ACT. Filed Apr 14 2021, AN ACT PROHIBITING A PUBLIC UTILITY FROM INSTALLING A SMART METER OR ANY OTHER DEVICE THAT ALLOWS THE UTILITY TO CONTROL A CUSTOMER'S UTILITY USAGE WITHOUT FIRST OBTAINING THE CUSTOMER'S SIGNED WRITTEN CONSENT.

Amends Article 7 of Chapter 62 of the General Statutes (Rates of Public Utilities) to add GS 62-159.3 prohibiting utility companies from installing smart meters that allow the utility to control usage at residences or businesses without signed, written consent of the customer. Also prohibits fees associated with choosing not to have a smart meter installed or for having a smart meter uninstalled. Establishes liability for damage to property or person resulting from installing a smart meter without consent.

Intro. by Pittman, Brody, Kidwell, Cleveland.GS 62
H 578 (2021-2022) CONCEALED CARRY/LAWFUL PURPOSE. Filed Apr 14 2021, AN ACT TO ALLOW THE CONCEALED CARRY OF A PISTOL OR GUN EXCEPT WHERE THE PISTOL OR GUN IS BEING CARRIED FOR AN ILLEGAL PURPOSE.

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.

Intro. by Pittman, Kidwell.GS 14
H 579 (2021-2022) SCHOOL SELF-DEFENSE ACT. Filed Apr 14 2021, AN ACT TO AUTHORIZE CERTAIN MEMBERS OF THE FACULTY OR STAFF OF A SCHOOL TO CARRY A HANDGUN ON THE SCHOOL GROUNDS TO RESPOND TO ACTS OF VIOLENCE OR AN IMMINENT THREAT OF VIOLENCE.

Amends GS 14-269.2, which prohibits weapons on campus or other educational property. Adds to the exceptions from the prohibition a volunteer school faculty guardian, defined as a person who (1) is a member of the faculty or staff of a school, (2) is a full-time or part-time employee, and (3) possesses a valid concealed handgun permit issued to the person in accordance with Article 54B of GS Chapter 14. Specifies that the volunteer school faculty guardian exception only applies while the person is on the grounds of the school the person is employed by or assigned to, and the person: (1) successfully completes 16 hours of active shooter training in the School Faculty Guardian program developed and administered by the NC Criminal Justice Education and Training Standards Commission (Commission), (2) annually submits to the school chief administrator written notice that the person continues to possess a valid concealed handgun permit, (3) annual provides evidence satisfactory to the school chief administrator that the person has demonstrated proficiency with the type of handgun and handgun retention system used, (4) only possesses the handgun during the conduct of his or her duties when on school grounds, (5) keeps the handgun concealed at all times while on school grounds except when responding to violence or an imminent threat of violence (defines violence to mean physical injury that a reasonable person would conclude could lead to permanent injury or death), and (6) submits to annual drug testing. Authorizes the governing body or entity of a school to opt out and instead prohibit a person from possessing a handgun on the grounds of the school(s) under its control. 

Amends GS 17C-6, adding to the duties of the Commission the duty to establish and administer the School Faculty Guardian program that provides active shooter training to volunteer school faculty guardians.

Intro. by Pittman, Brody, Kidwell.GS 14, GS 17C

The Daily Bulletin: 2021-04-14

PUBLIC/SENATE BILLS
S 183 (2021-2022) IGNITION INTERLOCK/VARIOUS CHANGES. (NEW) Filed Mar 4 2021, AN ACT TO ELIMINATE THE MANDATORY WAITING PERIODS FOR DRIVERS LICENSE RESTORATION OR LIMITED DRIVING PRIVILEGES IF THE PERSON IS OPERATING A MOTOR VEHICLE THAT HAS A FUNCTIONING IGNITION INTERLOCK SYSTEM INSTALLED ON IT; TO REQUIRE FOR THE RESTORATION OF LICENSES AFTER CERTAIN DRIVING WHILE IMPAIRED CONVICTIONS, OR THE ISSUANCE OF LIMITED DRIVING PRIVILEGES, AN IGNITION INTERLOCK SYSTEM BE INSTALLED ON ONLY THE MOTOR VEHICLES THE PERSON WILL DRIVE; TO ELIMINATE THE RESTRICTIONS ON THE PURPOSES FOR DRIVING AND THE HOURS DURING WHICH A PERSON MAY OPERATE A MOTOR VEHICLE IF THE PERSON IS OPERATING A MOTOR VEHICLE WITH A FUNCTIONING IGNITION INTERLOCK SYSTEM INSTALLED ON IT; TO ALLOW THE WAIVER OR REDUCTION OF COSTS FOR CERTAIN PERSONS REQUIRED TO INSTALL AN IGNITION INTERLOCK SYSTEM; TO REVISE THE MAXIMUM BLOOD ALCOHOL CONCENTRATION LEVEL FOR THE OPERATION OF A MOTOR VEHICLE IN CERTAIN CIRCUMSTANCES TO THE IGNITION INTERLOCK SYSTEM PRE-SET FAIL LEVEL; TO REQUIRE THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON JUSTICE AND PUBLIC SAFETY TO STUDY WHETHER TO EXPAND THE USE OF IGNITION INTERLOCK SYSTEMS; TO MAKE TECHNICAL AND CONFORMING CHANGES RELATED TO S.L. 2021-138; AND TO CHANGE "SHERIFF'S DEPARTMENT" TO "SHERIFF'S OFFICE" IN VARIOUS SECTIONS OF THE GENERAL STATUTES.

Senate 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. 

Intro. by Britt, Sawyer, Daniel.STUDY, GS 20
S 248 (2021-2022) ADDITIONAL INFO ON HEALTH INS. CARDS. (NEW) Filed Mar 11 2021, AN ACT TO INCLUDE ADDITIONAL INFORMATION ON HEALTH BENEFIT PLAN IDENTIFICATION CARDS.

Senate committee substitute amends the 1st edition as follows.

Deletes proposed GS 58-3-245(e), which placed additional responsibilities on every insurer offering a dental services benefit plan which provides a designation or rating or profiling system for dentists in the benefit plan network. 

Revises new GS 58-3-247(a)(7), which requires insurance identification cards to contain an indication of whether the health benefit plan is a fully insured or self-funded plan, to now require plans fully-insured to be noted by using "fully-insured" rather than "NCDOI" to indicate to the consumer that the Department of Insurance is able to provide assistance regarding the regulation of the plan. 

Changes the act's effective date from October 1, 2021, to January 1, 2022, applicable to contracts entered into, amended, or renewed on or after that date. 

Changes the act's titles. 

Intro. by Perry, Johnson, Sawyer.GS 58, GS 135

The Daily Bulletin: 2021-04-14

LOCAL/HOUSE BILLS
H 125 (2021-2022) SCHOOL CALENDAR FLEXIBILITY/LENOIR COUNTY. Filed Feb 19 2021, AN ACT TO PROVIDE ADDITIONAL FLEXIBILITY TO CERTAIN SCHOOL SYSTEMS IN ADOPTING THE SCHOOL CALENDAR.

House amendment to the 1st edition makes the following changes. Amends the scope of the act so that it is also applicable to Cumberland County Schools, Franklin County Schools, Nash-Rocky Mount Schools, and Pitt County Schools in addition to Lenoir County Public Schools. Makes conforming changes to the act's long title.

Intro. by Humphrey.Cumberland, Franklin, Lenoir, Nash, Pitt
H 201 (2021-2022) ACADEMIC ALIGNMENT/CERTAIN SCHOOL UNITS. Filed Mar 2 2021, AN ACT TO ALLOW CERTAIN LOCAL SCHOOL ADMINISTRATIVE UNITS TO ALIGN THE SCHOOL CALENDARS OF THOSE UNITS WITH LOCAL COMMUNITY COLLEGES.

House amendment amends the 1st edition as follows. 

Changes the scope of the act to no longer include Rockingham and Stoke County Schools. Adds to the scope Chatham County Schools, Edgecombe County Schools, Elkin City Schools, Martin County Schools, and Mt. Airy City Schools; maintains Surry and Union County Schools within the scope. 

Intro. by Arp, Stevens, Brody, Willis.Chatham, Edgecombe, Martin, Surry, Union, Wilkes

The Daily Bulletin: 2021-04-14

ACTIONS ON BILLS

Actions on Bills: 2021-04-14

PUBLIC BILLS

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

    House: Regular Message Sent To Senate

H 32: EQUITY IN OPPORTUNITY ACT.

    House: Regular Message Sent To Senate

H 64: GOVERNMENT TRANSPARENCY ACT OF 2021. (NEW)

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

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

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

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

    House: Withdrawn From Cal
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Withdrawn From Cal
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 86: INCREASE IN-SERVICE DEATH BENEFITS/LRS.

    House: Withdrawn From Cal
    House: Placed On Cal For 04/15/2021

H 101: ADOPT HAYWOOD CO. AS ELK CAPITAL OF NC.

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

H 137: STEVE TROXLER AGRICULTURAL SCIENCES CENTER. (NEW)

    Senate: Reptd Fav

H 138: ADOPT WOUNDED HEROES DAY.

    Senate: Reptd Fav

H 141: PROMOTE NORTH CAROLINA SAWMILLS.

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

H 145: PROPERTY PROTECTION ACT/DVPO.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/15/2021

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

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

H 160: RETIREMENT SERVICE PURCHASE REWRITE PART II.-AB

    House: Reptd Fav Com Substitute
    House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
    House: Re-ref to the Com on Pensions and Retirement, if favorable, Rules, Calendar, and Operations of the House

H 163: TREASURY ADMINISTRATIVE CHANGES.-AB

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

H 168: RETIREMENT ADMINISTRATIVE CHANGES ACT OF 2021.-AB

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

H 176: ENHANCE SHP DEBT COLLECTION ABILITIES.-AB

    House: Reptd Fav
    House: Re-ref Com On Pensions and Retirement

H 177: EXTEND SPIKING MORATORIUM/LGERS SURETY. (NEW)

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

H 194: FEDERAL COURT OFFICIAL/CONCEALED CARRY.

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

H 198: FOREST SERVICE CHANGES.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/15/2021

H 228: ATTRACTIVE NUISANCES.

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

H 243: BUDGET TECHNICAL CORRECTIONS (NEW).

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

H 245: EFFICIENT GOVERNMENT BUILDINGS &AMP SAVINGS ACT.

    House: Withdrawn From Com
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 252: BAIL BOND/BONDSMEN PROVISIONS/OTHER CHANGES. (NEW)

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/15/2021
    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/15/2021
    House: Reptd Fav Com Substitute
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/15/2021

H 269: GIVE STATE RETIREES 2% COLA/FUNDS.

    House: Reptd Fav
    House: Re-ref Com On Pensions and Retirement

H 279: COVID-19 RELATED TAX CHNGS/UI TECH CORRECT. (NEW)

    House: Passed 2nd Reading

H 285: ENS RAILROAD TRAIN/DRIVER ED CURRICULUM.

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

H 328: ALLOW TRADE OR EXCHANGE OF SPIRITUOUS LIQUOR.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/15/2021

H 334: BUDGET TECHNICAL CORRECTIONS (NEW).

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/15/2021
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/15/2021
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/15/2021

H 341: PROTECTION FROM ONLINE IMPERSONATION.

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

H 352: HOTEL SAFETY ISSUES.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Amend Adopted A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed

H 355: FIREFIGHTING FOAM REGISTRY/PFAS BAN. (NEW)

    House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
    House: Serial Referral To Appropriations Added
    House: Serial Referral To Rules, Calendar, and Operations of the House Added
    House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
    House: Serial Referral To Appropriations Added
    House: Serial Referral To Rules, Calendar, and Operations of the House Added

H 392: RET. SVC. PURCHASE/OMITTED MEMBERSHIP SERVICE.

    House: Reptd Fav
    House: Re-ref Com On Pensions and Retirement

H 402: BEGIN MODERNIZING IGNITION INTERLOCK LAWS.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Transportation

H 418: THREATEN LEO OR CORRECTIONAL OFFICER.

    House: Reptd Fav
    House: Re-ref Com On State Personnel

H 427: FIREARM SAFE STORAGE AWARENESS INITIATIVE.

    House: Withdrawn From Com
    House: Re-ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House

H 471: TRYON PALACE COMMISSION MODIFICATIONS.

    House: Serial Referral To Rules, Calendar, and Operations of the House Stricken
    House: Serial Referral To Appropriations Added
    House: Serial Referral To Rules, Calendar, and Operations of the House Added

H 536: LAW ENFORCEMENT DUTY TO INTERVENE.

    House: Passed 1st Reading
    House: Ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House

H 537: FUNDS/FORSYTH UNITED WAY/SUMMER LEARNING.

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

H 538: TRANSPARENCE IN EVIDENCE STANDARDS.

    House: Passed 1st Reading
    House: Ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House

H 539: PROTECTING PROPERLY INSURED INDIVIDUAL.

    House: Passed 1st Reading
    House: Ref to the Com on Health, if favorable, Insurance, if favorable, Judiciary 2, if favorable, Rules, Calendar, and Operations of the House

H 540: STUDY WORKFORCE DEVELOPMENT FOR REFUGEES.

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

H 541: AMENDMENTS TO SCHEDULE VI OF THE CSA.

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

H 542: FIX OUR DEMOCRACY.

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

H 543: EXPEDITE VENUE CHOICE OF MASS SHOOTING CASES.

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

H 544: REVISE ANIMAL FIGHTING LAWS.

    House: Passed 1st Reading
    House: Ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House

H 545: MANDATORY TRAINING CONTRIBUTING TO CEUS.

    House: Passed 1st Reading
    House: Ref to the Com on Education - K-12, if favorable, Rules, Calendar, and Operations of the House

H 546: NC CALL CENTER PRESERVATION ACT.

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

H 547: USE LAW ENF. DECERT INDEX. (NEW)

    House: Passed 1st Reading
    House: Ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House
    House: Passed 1st Reading
    House: Ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House

H 548: DUTY TO REPORT GIGLIO INFORMATION.

    House: Passed 1st Reading
    House: Ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House

H 549: REINSTATE INMATE LITTER CREWS.

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

H 550: FREE BREAKFAST &AMP LUNCH IN PUB. SCH. UNITS.

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

H 551: FUNDS/DAVIDSON ASBESTOS CLEANUP.

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

H 559: REPEAL PISTOL PURCHASE PERMIT REQUIREMENT.

    House: Filed

H 560: PUBLIC SAFETY REFORM.

    House: Filed

H 561: LOCAL CONFINEMENT FACILITY INSPECTION APPEALS.

    House: Filed

H 562: FUNDS TO SUPPORT THE ARTS.

    House: Filed

H 563: RENEWABLE ENERGY TAX CREDIT.

    House: Filed

H 564: EXECUTIVE ORDER/LIMITATIONS.

    House: Filed

H 565: EQUAL PAY FOR EQUAL WORK.

    House: Filed

H 566: MATTRESS TRANSPORT ON VEHICLE ROOF PROHIBITED.

    House: Filed

H 567: 2021 YOUTH END ACT.

    House: Filed

H 568: YOUTH MENTORING SERVICES ACT.

    House: Filed

H 569: ENABLING OPPORTUNITY SCHOLARSHIP REPORTING.

    House: Filed

H 570: LICENSE TO WORK.

    House: Filed

H 571: FUNDS/SMITH REYNOLDS AIRPORT RENOVATIONS.

    House: Filed

H 572: NO VACCINE MANDATE BY EO, RULE, OR AGENCY. (NEW)

    House: Filed
    House: Filed

H 573: NC MEDICAID &AMP SNAP PROGRAM INTEGRITY REFORM.

    House: Filed

H 574: REVISE CHILD CARE SUBSIDY RATES.

    House: Filed

H 575: VOLUNTEER RESCUE WORKER TAX CREDIT.

    House: Filed

H 576: MARIJUANA JUSTICE AND REINVESTMENT ACT.

    House: Filed

H 577: UTILITIES CUSTOMERS' RIGHT OF REFUSAL ACT.

    House: Filed

H 578: CONCEALED CARRY/LAWFUL PURPOSE.

    House: Filed

H 579: SCHOOL SELF-DEFENSE ACT.

    House: Filed

S 56: TRYON PALACE - CAPITAL PROJECT.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 04/15/2021

S 113: MODIFY TERMINATION OF PARENTAL RIGHTS APPEALS.

    House: Withdrawn From Com
    House: Re-ref Com On Rules, Calendar, and Operations of the House

S 159: STATE HEALTH PLAN ADMINISTRATIVE CHANGES.-AB

    Senate: Reptd Fav

S 183: IGNITION INTERLOCK/VARIOUS CHANGES. (NEW)

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

S 188: BD. OF ARCHITECTS/INTERIOR DESIGNERS.

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

S 202: NO LAPSE, NO PROBLEM.

    Senate: Reptd Fav

S 212: BENNETT COLLEGE ACCREDIT./PRIVATE NEED-BASED.

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

S 248: ADDITIONAL INFO ON HEALTH INS. CARDS. (NEW)

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Commerce and Insurance

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

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

S 316: GEN. CONTRACTORS/PLUMBING/ELECTR. EXEMPT.

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

S 323: JOINT MUNICIPAL POWER AGENCIES/INVESTMENTS.

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

S 329: BLDG. PERMIT EXEMPT./TIMESHARE EFF. DATE. (NEW)

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

S 339: 2022 WRC AMENDMENTS. (NEW)

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

S 367: UNC SELF-LIQUIDATING CAPITAL PROJECTS. (NEW)

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

S 390: UNC LAW ENFORCEMENT RECRUITMENT.

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

S 398: REQ. DOT TO INDEMNIFY WILMINGTON FOR MAP ACT.

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

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

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

S 449: REVISE MANUFACT. HOME TITLE LAWS.

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

S 482: SITE DEVELOPMENT REVOLVING ASSISTANCE FUND.

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

S 494: SBIR/STTR INCENTIVE MODIFICATIONS.

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

S 501: CREATE DEPART. OF ADULT CORRECTION.

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

S 517: INNOVATIVE STATEWIDE BROADBAND INFRASTRUCTURE.

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

S 695: VARIOUS EDUCATION CHANGES. (NEW)

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

S 707: DEVELOPMENT REGULATIONS &AMP AIRPORT AUTHORITIES.

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

S 715: HOSPITALITY BUSINESS ASSISTANCE.

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

S 716: FIX OUR DEMOCRACY.

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

Actions on Bills: 2021-04-14

LOCAL BILLS

H 10: ASHEVILLE AIRPORT AUTH./AUTHORIZE GOLF COURSE.

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

H 30: TOWN OF SOUTHERN SHORES/EMINENT DOMAIN.

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

H 125: SCHOOL CALENDAR FLEXIBILITY/LENOIR COUNTY.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Amend Adopted A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed

H 164: GREENSBORO/DEANNEXATION.

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

H 201: ACADEMIC ALIGNMENT/CERTAIN SCHOOL UNITS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Amend Adopted A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed

H 244: LINCOLN CO. BD. OF ED./PARTISAN ELECTION.

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

H 263: HIGH POINT/COUNCIL DELEGATE REZONING POWERS.

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

S 17: 7TH SENATORIAL DISTRICT LOCAL ACT-1.

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

S 51: EVEN-YEAR ELECT CRAVEN LOCAL GOV'TS. (NEW)

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

S 194: RE-STAGGER TERMS/ALDERMEN/N.TOPSAIL BEACH.

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

S 233: MODIFY FOX/COYOTE TAKING FOR CERTAIN COUNTIES. (NEW)

    Senate: Reptd Fav

S 269: WASHINGTON-WARREN AIRPORT AUTHORITY (NEW)

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

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