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

Amends GS 160D-1106 to require a local government to complete an initial plan review and issue a building permit decision (was, initial plan review only) within 21 days (was, 15 days) for commercial and multifamily building plans (was, commercial buildings only) submitted that require a design professional seal pursuant to NC Building Code Council rules. Amends the consequences for not issuing a building permit decision within the specified time frames, to allow the permit applicant to use the Department of Insurance and its marketplace pool of qualified Code enforcement officials or hire a third-party engineering firm that has a valid certificate to review and approve the submitted plans (previously was limited to hiring a third-party firm to review the plans). Adds that if the local government determines that it is unable to complete the initial plan review within 21 days, the local government may use the Department of Insurance and its marketplace pool of qualified Code enforcement officials or contract with a third-party engineering firm that has a valid certificate to perform the initial plan review if the total time for the initial review does not exceed the 21 days. Adds that if a local government's ordinance conflicts with this statute, then the statute supersedes and preempts the ordinance. Makes additional conforming changes.

Amends GS 143-151.12 by making conforming changes to the purposes for which the Department of Insurance's pool of qualified Code-enforcement officials can be used.

Amends GS 143-151.13 by making conforming changes to allow an engineer with a valid certificate who is not employed by the State or a local government to use the certificate for performing initial plan reviews as now allowed under GS 160D-1106.

Amends the act's long title.

House committee substitute to the 1st edition makes the following changes. Further amends GS 150B-2, which sets out and defines terms as they are used in GS Chapter 150B (Administrative Procedure Act), by: (1) deleting the proposed definition of guidance document; and (2) amends the term policy by adding that any policy that an agency attempts to implement as a rule must be adopted as a rule to be enforceable.

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

Part II.

Deletes proposed subsection (e) to GS 143-133.1, which prohibited requiring UNC to report to the Secretary of Administration upon contracting with a construction manager at risk, design-builder, or private developer under a public-private partnership as required by subsection (a); exempted UNC from the Secretary's rules adopted to implement subsection (a); and directed the UNC Board of Governors (BOG) to adopt rules to implement the statute for UNC which were to include annual reporting by constituent institutions to the BOG and reporting to the Secretary of Administration within 12 months of the date of beneficial occupancy of the project. Instead, enacts new subsection (b1) directing the BOG to adopt rules to implement the provisions of the statute for UNC, including format and frequency of reporting, which require constituent institutions to annually report the information required by subsection (a) to the BOG.

Adds a new Part to the act as follows.

Enacts GS 143C-8-14 to establish reporting requirements for capital projects, defined as any capital improvement funded in whole or in part by State funds, including receipts, non-General Fund sources, or statutorily or constitutionally authorized indebtedness of any kind, that is not complete and is authorized by the General Assembly for a total project cost of at least $10 million. Requires biannual reports to be submitted to the specified NCGA committee and division by (1) the Office of State Budget and Management (OSBM) on the status of capital projects funded from the State Capital Infrastructure Fund or other State Funds, and (2) each State agency on the status of agency capital projects funded from non-State funds. Additionally requires quarterly reporting by State agencies on the status of agency capital projects to OSBM. Details required content of the reports. Directs the State Construction Office to annually report to the specified NCGA committee and division on (1) the status of the Facilities Condition Assessment Program (FCAP), as specified, and (2) the status of plan review, approval, and permitting for each State capital improvement project and community college capital improvement project over which the Office exercises plan review, approval, and permitting authority, as specified. 

Makes conforming organizational changes and changes to the act's long title. 

Amends Article 3 of Chapter 58 of the General Statutes (General Regulations for Insurance) to add GS 58-3-281 requiring that health benefit plans offered by insurers in the state provide coverage for medically necessary dental procedures resulting from cancer treatments. Effective October 1, 2021 and applies to insurance contracts entered into, renewed, or amended on or after that date.

Amends GS 90-187.10 (exemptions from need for veterinary license) to add an exemption allowing emergency medical services personnel to provide emergency medical transport or services to an injured K-9 police unit animal at the scene of an emergency.

Amends Article 7 of Chapter 131E of the General Statutes (Regulation of Emergency Medical Services) to add GS 131E-155.2 granting immunity from prosecution to emergency medical services personnel providing emergency medical services to a K-9 police unit animal at the scene of an emergency, except in cases of gross negligence or intentional wrongdoing.

Effective October 1, 2021, and applies to acts on or after that date.

Amends GS 20-287, which governs the licensure of new motor vehicle dealers, used motor vehicle dealers, motor vehicle sales representatives, manufacturers, factory branches, factory representatives, distributors, distributor branches, distributor representatives, and wholesalers. No longer limits sales representatives to one license. Requires the sales representative license to show the name of each dealer or wholesaler employing the representative. Expands the Division of Motor Vehicles' (DMV) authority to levy and collect a civil penalty of up to $1,000 per violation of specified statutes and rules relating to the sale of vehicles, vehicle titling, or vehicle registration, to make applicants for licenses in addition to licensees subject to the authority. Requires the penalty to be assessed against a sales representative applicant unless the DMV finds that a dealership, owner, manager, or officer had knowledge of the violation before the application was submitted to the DMV. Regarding penalties for violations by persons required to obtain a license who have not obtained a license, establishes an affirmative defense if the person promptly applies and is issued the appropriate motor vehicle license. Clarifies that a person acting in a specific licensed activity must be issued the appropriate license for that activity. Requires the investigative report of the violation to be considered in the issuance of any license. Makes clarifying and technical changes. 

Makes the following changes to the grounds for denial or disciplinary action of licensees by the DMV set forth in GS 20-294. Specifies that the DMV's disciplinary authority must comply with GS 20-295 and GS 20-296, as amended, which govern license applications and disciplinary hearings. Now provides for knowingly making a material misstatement in an application for a license or a dealer license plate as grounds for denial or disciplinary action (previously did not require mens rea). Provides an affirmative defense to the following grounds, exclusive to the dealer licensee, that the violation is a result of fraud, theft, or embezzlement against the licensee, with waiver of the defense if any violation charged created an unrecoverable loss for a citizen or another licensed motor vehicle dealer of the state: (1) willfully and intentionally failing to comply with Articles 12 or 15, or the specified motor vehicle laws or (2) knowingly giving an incorrect certificate of title or failing to give a certificate of title to a purchaser, a lienholder, or the DMV after the vehicle is sold. Adds to these two grounds that officers, directors, members, and sales representative licensees must be charged individually. Expands the ground of willfully defrauding any retail buyer or other person to specifically include willfully defrauding any wholesale buyer to the buyer's damage. Modifies the ground regarding use of unfair methods of competition or unfair or deceptive acts or practices to condition the ground on the act causing actual damages to the buyer. Finally, establishes an affirmative defense to the following ground, which operates as a stay, if the person charged is determined to qualify and obtains expunction, certificate of relief, or pardon, or if the conviction is vacated, with the violation dismissed if relief is granted: conviction of an offense under GS 20-106 (since recodified to GS 14-71.2, receiving or transferring stolen vehicles), GS 20-106.1 (fraud in connection of rental of motor vehicles), GS 20-107 (injuring or tampering with vehicle), or GS 20-112 (making false affidavit perjury) while holding a license or within five years preceding the date of application, or conviction of any felony involving moral turpitude.

Replaces the provisions of GS 20-299(a), which governs disciplinary action of corporate licensees. Now authorizes the DMV to deny or take disciplinary action against a license issued to a business entity if more than 50% of the business entity ownership engaged in conduct prohibited by GS 20-294, as amended. Additionally authorizes revocation for any damages suffered due to a violation of Article 12 that are not satisfied. Prohibits penalizing an owner for the acts of a business entity found to have violated the statute that did not personally engage in a violation and did not knowingly omit any duty.

Amends GS 20-295 to permit an applicant to petition for a hearing with the Office of Administrative Hearings under GS Chapter 150B within 30 days of the DMV's denial of an application, rather than filing a written request for a hearing with the Commissioner of Motor Vehicles. 

Amends GS 20-296 to require the DMV to notify the licensee of proposed disciplinary action by certified mail and participate in informal settlement procedures pursuant to GS Chapter 150B prior to taking any disciplinary action on a license. Authorizes the DMV to commence a contested case under GS Chapter 150B if the DMV and the licensee are unable to agree to a resolution (previously called for written notice to the licensee and a hearing before the Commissioner prior to taking any disciplinary action). 

Makes conforming changes to GS 150B-1.

Amends GS 20-30(6) to allow a licensed lender to create, store, or receive, in the ordinary course of business, a color image of a driver's license, learner's permit, or special identification card of a borrower or loan applicant (currently limited to black and white photocopy by law). 

Enacts new subsection (c1) to GS 20-79 to require dealer registration plates to be replaced every three years. 

Amends GS 20-295 to require the DMV to send a temporary license to an applicant while the DMV reviews an application for license renewal that was timely submitted prior to the expiration of the license.

Amends GS 20-183.7A(d1) and GS 20-183.8B(c2) regarding multiple violations in separate safety or emissions inspections considered at one time by the DMV. Specifies that the provisions do not prohibit or limit the ability of a reviewing administrative law judge or court to affirm, reverse, remand, or modify the DMV's decisions involving penalties, suspensions, or revocations, whether discretionary or otherwise, pursuant to Articles 3 and 4 of GS Chapter 150B (previously limited to the court's ability to affirm, reverse, remand, or modify the DMV's decision pursuant to Article 4 of GS Chapter 150B).

Amends GS 20-183.8G, governing administrative and judicial review of licenses or registrations issued under Part 1 of Article 3A, Safety and Emissions Safety Program. Now grants applicants and licensees, as applicable, the right to commence a contested case under GS Chapter 150B (1) upon any six adverse actions of the DMV, as set forth in existing law, with a hearing commencing within 10 days of receipt of the notice of action; (2) within 10 days of receipt of a statement of charges of a violation that could result in the suspension or revocation of the person's license, with suspension or revocation stayed until the final decision is made by an administrative law judge; and (3) within 10 days of receipt of notice of summary action on the license, following judicial review and authorization of the proposed action (previously called for making a written request for a hearing before the Commissioner in all circumstances). Authorizes the administrative law judge to order a suspension for a first occurrence of a Type I violation of a station to be stayed upon reasonable compliance terms to be determined by the administrative law judge; order suspension against a license holder to run consecutively or concurrently; and affirm, reverse, remand, or modify the DMV's decision after a contested case hearing on any other action. Automatically stays suspension or revocation for 30 days after the person is served with a written copy of the decision. Makes conforming repeals to language referencing hearings before the Commissioner.

Makes conforming changes to GS 150B-2.

Regarding the surrender of title to a manufactured home that qualifies as real property under GS 20-109.2, no longer allows the Commissioner to require evidence demonstrating that all affected secured parties have been notified and consent to the owner of a manufactured home's application for a new certificate of title following cancellation of the initial certificate of title when the owner seeks to separate the manufactured home from the real property. Deems there to be no right of action against a DMV license plate contractor, in addition to the DMV, for a person damaged by the cancellation of a certificate of title pursuant to subsection (a1), which provides for surrender of the certificate of title to a manufactured home that qualifies as real property when the certificate of title is unavailable.  

Amends GS 20-58.3A, which provides for the automatic expiration of a perfected security interest in a manufactured home perfected by notation on the certificate of title after 30 years of issuance, unless the title states a different maturity date. Expands subsection (g) to also grant immunity to license plate contractors of the Division of Motor Vehicles (DMV), in addition to the DMV, from tort claims based on reliance by the DMV or a DMV contractor on any application for renewal of the perfection of a security interest on a certificate of title for a manufactured home submitted to the DMV or the contractor by a third party, as authorized by the statute.

Amends GS 20-58.4, which provides for the release of a security interest in a motor vehicle upon satisfaction or other discharge, to direct DMV license plate contractors, in addition to the DMV, to issue a new certificate of title upon the owner's exhibition of signed documents evidencing the release and the certificate of title. Regarding the release of a security interest in a vehicle that is a manufactured home, requires DMV licensed contractors, in addition to the DMV, to send notice to the last known address of the secured party before cancellation, and prohibits cancellation if the secured party files an objection within 15 days after the notice was sent until the secured party consents or receives a court order directing the DMV to cancel the security interest (previously, required notice by registered letter to the last known address of the secured party, with cancellation prohibited if a written objection was received within 15 days of notice). Similar to the changes made to GS 20-58.3A, expands subsection (f) to also grant immunity to license plate contractors of the DMV, in addition to the DMV, for tort claims based on reliance by the DMV or a DMV contractor on any release, affidavit, certificate of title notation, or documents evidencing the release or satisfaction of a security interest related to certificates of title for manufactured homes submitted to the DMV or the contractor by a third party, as authorized by the statute.

Amends Section 3 of SL 2020-77, which allows for electronic signatures for applications for security interest notations by a debtor and does not require specified documentation for applications submitted by a secured party, to eliminate the December 1, 2020, sunset provision.

Amends GS 20-58.4A, which directs the DMV to implement a statewide electronic lien system to process the notification, release, and maintenance of security interests and certificate of title data and authorizes the DMV to contract with a qualified vendor or service provider to do so, to require qualified vendors and service providers to have experience in directly providing both electronic lien and title solutions to State motor vehicle departments or agencies (was, electronic solutions generally).

Amends GS 20-285 to include the protection and preservation of the investments and properties of licensed motor vehicle businesses in the state to the stated public policy. Makes clarifying and technical changes. 

Effective October 1, 2021. 

Substantively identical to S 40, filed 2/01/2021.

Amends GS 14-410 to establish that it is permissible for pyrotechnics that are consumer fireworks to be possessed, advertised, sold, used, transported, handled, or discharged within the state, so long as the possession, advertising, sale, use, transportation, handling, or discharge complies with Part 2 of Article 82A of GS Chapter 58, enacted below. Modifies subsection (b) to change the age to which it is unlawful to sell pyrotechnics, establishing that it is unlawful for any individual, firm, partnership, or corporation to sell consumer fireworks or pyrotechnics as defined in GS 14-414(2), (3), (4)c., (5), or (6) (currently does not include sale of consumer fireworks) to persons under the age of 18 (currently, under the age of 16). Makes conforming changes to the statute's title.

Amends GS 14-415 to make a violation of GS 14-410(b), as amended, a Class 1 misdemeanor rather than a Class 2 misdemeanor.

Recodifies GS 58-82A-1 through GS 58-82A-55 as Part 1 of Article 82A of GS Chapter 58, and names it Display Pyrotechnics Training Permitting and enacts new Part 2, Consumer Fireworks, as follows. Defines consumer fireworks to mean any small fireworks device designed primarily to produce visible effects by combustion or deflagration that (1) is categorized as a 1.4G firework device under Standard 87-1 of the American Pyrotechnics Association and (2) complies with the construction, chemical composition, and labeling regulations of the US Consumer Product Safety Commission, as set forth in the CFR, volumes 16 and 49. Defines other terms applicable to new Part 2.

Prohibits use or possession of consumer fireworks within a county or city unless that county or city has adopted an ordinance to allow the use and sale of consumer fireworks in accordance with new GS 153A-130.1 and new GS 160A-190.1. Places the following conditions on the possession and use of consumer fireworks: (1) the person possessing or using the consumer fireworks must be at least 18 years old; (2) the use of consumer fireworks may occur only between the hours of 10 am and 10 pm except for other specified times on July 4th and December 31st and the following January 1st; (3) the use of consumer fireworks is prohibited in or on the premises of a public or private primary or secondary school unless the person has received written authorization from the school; on the campus of a college or university unless the person has received written authorization from the college or university; and within 1,500 feet of a hospital, veterinary hospital, animal care facility, licensed child care facility, fireworks retailer, fireworks distributor, gas station, or bulk storage facility for petroleum products or other explosive or flammable substances; and (4) the possession or use of consumer fireworks is prohibited in or on the premises of any public park or public space, except as otherwise permitted by the person, state agency, or unit of local government owning or otherwise controlling the public park, property, or public space. Prohibits counties and cities from prohibiting the transportation of consumer fireworks across or through the county or city. Makes further clarifications as to transportation-related restrictions.

Prohibits selling consumer fireworks, sparkling devices, or novelties without a permit issued from the Commissioner of Insurance (Commissioner). Directs the Commissioner to issue rules to implement the statute. Requires permits of a fireworks retailer to be posted in a location visible to the public. Sets out conditions that must be met for permits to be issued to a person to operate a fireworks retailer or a sparkling device retailer, including maintaining public liability and product liability insurance with minimum coverage limits of $5 million, and establishes permit fees. Prohibits a county or city from restricting or excluding the transportation of consumer fireworks across or through the county or city. 

Sets out requirements that must be satisfied by all permittees, and the additional conditions that must be contained in any permit issued for a consumer fireworks permanent retailer or a consumer fireworks temporary retailer. Requires a permit issued to an incidental sparkling device retailer to allow the sale of sparkling devices and novelties only, and to require compliance with NFPA standards applicable to those sales. Defines NFPA standards to mean Standard 1124 of the National Fire Protection Association, 2017 edition, as it applies to the retail sale or distribution of consumer fireworks, except as provided in Part 2.

Sets out provisions concerning the power of the Commissioner of Insurance to exclude certain types or categories of pyrotechnics from the definition of consumer fireworks so long as the determination is evidence-based, and prohibiting the use of consumer fireworks during declared hazardous forest fire conditions.

Establishes that GS 14-415 (violations of the prohibition on the manufacture, sale, and use of pyrotechnics) and GS 58-2-70 (Civil penalties or restitution for violations; administrative procedure) apply to violations of Part 2. Authorizes the Commissioner, a State law enforcement officer, a municipal law enforcement officer, a code enforcement officer, or a fire safety official to petition the district court to seize or remove, at the expense of the permit holder, fireworks sold, offered for sale, stored, possessed, or used in violation of Part 2. Authorizes the Commissioner to assess a civil penalty in addition to or instead of suspending a permit pursuant to GS 52-82A-115, as enacted. Makes any violation of GS 58-52A-120 a Class 1 misdemeanor.

Authorizes the Commissioner, by majority vote, to suspend the permit of a person authorized to sell consumer fireworks or sparkling devices for engaging in: (1) selling fireworks or explosives not authorized under Part 2; (2) selling consumer fireworks or sparkling devices within the state without a valid permit; (3) selling consumer fireworks or sparkling devices to a person who appears to be under the influence of alcohol or drugs; (4) knowingly aiding or assisting in procuring, furnishing, giving, selling, or delivering consumer fireworks or sparkling devices to a person under the age of 18; or (5) selling consumer fireworks or sparkling devices at a fireworks retail stand or fireworks tent in violation of GS 58-82A-120, as enacted. Provides that it is an affirmative defense to any disciplinary action taken pursuant to this provision that the permit holder procured, furnished, gave, sold, or delivered consumer fireworks or sparkling devices to a person under the age of 18 in reasonable reliance upon fraudulent proof of age presented to the permit holder. Establishes that the civil penalty must be at least $1,000 but cannot exceed $10,000, and requires the Commissioner to consider specified factors in determining the amount issued. Requires clear proceeds of civil penalties issued under the provision to be remitted to the Civil Penalty and Forfeiture Fund. Sets forth that a person whose permit has been suspended or has been issued a civil penalty under this provision must receive a hearing before the applicable body within 10 days of the suspension, and if the decision is upheld, the person can seek judicial review in superior court. 

Makes it unlawful to sell, transfer, or distribute consumer fireworks, sparkling devices, or novelties at a fireworks retail stand or a fireworks tent unless the fireworks retailer obtains written authorization to conduct business from the owner or custodian of the property wherein the stand or tent is located, if applicable, and there is adequate parking to accommodate customers of the fireworks retailer and, if applicable, any other businesses that are on the premises. 

Requires certain safety labels on the packages of consumer fireworks, sparkling devices, or novelties authorized to be sold under Part 2, and requires fireworks retailers to provide a safety pamphlet created by the Office of the State Fire Marshall to the purchaser that outlines safe handling and best practices.

Directs the Commissioner to create a training course or identify an existing training course to train individuals on the function, safe handling, and best practices for the safe use of all categories of consumer fireworks. Also requires the Commissioner to create and maintain a list of persons who have completed the training. Allows the Department of Insurance to issue relevant rules and to charge a fee to cover the costs of implementing the statute.

Enacts new GS 153A-130.1 and GS 160A-190.1 allowing counties and cities to, by ordinance, regulate the use and sales of consumer fireworks, sparkling devices, and novelties to the public, effective October 1 following adoption and until its repeal, with any repeal effective October 1 following the repeal. Provides that a city or county can enact an ordinance at any time, but ordinances adopted prior to December 1, 2021, become effective December 1, 2021.

Enacts Article 2E to Subchapter I of GS Chapter 105, requiring an excise tax to be levied on consumer fireworks at the rate of 5% of the cost price of the products. Establishes that a person who sells consumer fireworks at retail is subject to and liable for this tax. Sets forth other provisions pertaining to tax on consumer fireworks, including filing monthly reports, discounts for timely filing a report and timely paying the tax, refunds, recordkeeping, and use of the tax, including crediting 25% of the proceeds to the Firefighters' Education Fund with the remainder credited to the General Fund. Applies to the cost price paid for fireworks on or after December 1, 2021.

Authorizes the Commissioner to require a fireworks retailer to furnish a bond, as specified, to protect the State from loss if the retailer fails to pay taxes due under Article 2E. Provides for calculation and periodic review of the bond amount. Allows substitution of an irrevocable letter of credit for the secured bond, as specified.

Enacts Article 85B to GS Chapter 58 to create the Firefighters' Education Fund within the Department of Insurance and administered by the Office of the State Fire Marshal, consisting of revenue credited from taxes under GS 105-113.125. Allows the Office of the State Fire Marshal to deduct administrative expenses, with the remaining revenues credited to be used to provide education and training to firefighters in the State. Defines firefighter.

Effective December 1, 2021, unless otherwise provided. Provides a saving clause for offenses committed before the effective date of the act. 

Amends GS 143-129.5 (Purchases from Non-profit Work Centers for the Blind and Severely Disabled) directing the Secretary of Administration to canvas non-profit work centers for the blind and severely disabled at least annually for goods and services the State or its political subdivisions may need and to purchase those goods and services from the non-profit work centers, requiring State agencies and political subdivisions to purchase from non-profit work centers the Secretary of State has contracted with. Sets out provisions governing pricing. Requires the Department of Administration to report annually to the Joint Legislative Committee on General Government on these procurement programs.
Amends GS 143-48.2 (Procurement Program for Non-profit Work Centers for the Blind and Severely Disabled) to make conforming changes.
Effective October 1, 2021, and applies to requisitions made on or after that date.

Amends GS 15A-251 (Entry by Force) to permit law enforcement officers to break and enter into any premises or car to execute a warrant only when effecting the rescue of a hostage.

Identical to S 463, filed 4/1/21.

Requires the Department of Health and Human Services (Department), Division of Social Services (Division), to begin deployment of the North Carolina Families Accessing Services through Technology (NC FAST) system as it relates to case management functionality for the child welfare system and aging and adult services' programs. Requires deployment of the child welfare case management component of the NC FAST system statewide by July 1, 2022. Requires the Division to enter into a contract to augment and enhance the child welfare case management component of the NC FAST system before August 1, 2021. Sets out requirements for the contract. 

Appropriates $17,262,882 for 2021-22 from the General Fund to the Division to implement this act. Effective July 1, 2021.

Amends GS 131E-­175 to add a new legislative finding concerning the demand for ocular surgical procedures.

Amends GS 131E­-176 to define ocular surgical procedure and ocular surgical procedure room.

Amends GS 131E-­178 to exempt licensed opthalmologists who provide ocular surgical procedures in one or more ocular surgical procedure rooms from obtaining certificates of need to license that setting as an ambulatory surgical facility with the existing number of ocular surgical procedure rooms, so long as (1) the license application is postmarked by December 31, 2021, (2) the applicant verifies within 60 days of the effective date of this subsection that the facility was in operation as of the effective date of this subsection or that the completed application for the building permit was submitted by the effective date of this subsection, (3) the facility has been accredited by specified organizations by the time the license application is postmarked, and (4) the license application includes a commitment to and a plan for serving indigent and medically underserved populations. Requires all other persons proposing to obtain a license to establish an ambulatory surgical facility for ocular surgical procedures to obtain a certificate of need. Also amends the statute's provisions exempting a person providing gastrointestinal endoscopy procedures in specified settings from needing a certificate of need license by modifying the allowable accrediting entities. Makes additional clarifying and technical changes.

Further amends the defined terms set forth in GS 131E-176 as follows. Eliminates psychiatric facilities, kidney disease treatment centers and chemical dependency treatment facilities from the term health care service facility, and repeals those defined terms, their related terms, and their references from the statute. 

Enacts a new exemption, subdivision (a)(10), to GS 131E-184 from certificate of need review. Subject to written notice to the Department of Health and Human Services, exempts from certificate of need review a new institutional health service for which an entity proposes to develop, acquire, construct, expand, or replace a health service facility or service that obtained a certificate of need approval prior to October 1, 2021, for (1) a chemical dependency treatment center, as defined, which can be a unit of a general hospital, unit of a psychiatric hospital, or a freestanding specialty facility, as described; (2) a kidney disease treatment center, as defined; and (3) a psychiatric facility, as defined.

Effective October 1, 2021. 

Appropriates $2,255,472 in recurring funds for each year of the 2021-23 fiscal biennium from the General Fund to the Department of Commerce, Commerce State-Aid to be allocated to the High Point International Home Furnishings Market Authority Corporation (HP Market Authority Corporation) to provide support for the Market. 

Appropriates $1.7 million in recurring funds for each year of the 2021-23 fiscal biennium to the HP Market Authority Corporation from the Highway Fund to the HP Market Authority Corporation for transportation costs associated with the Market.

Effective July 1, 2021.

Enacts new subdivision (12) to GS 153A-301, as title indicates. Effective July 1, 2021. 

Amends GS 58-86-35, GS 58-86-40, and GS 58-86-45, increasing monthly member payments to the NC Firefighters' and Rescue Squad Workers' Pension Fund (Pension Fund) from $10 to $15 as it applies to new and current members and workers seeking retroactive membership. 

Amends GS 58-86-55, increasing the monthly pension to eligible members, including disabled members, beneficiaries, and retired firefighters from $170 to $200 monthly. Makes conforming changes regarding increased monthly member contributions. 

Effective January 1, 2022, and applies to monthly payments due from, and monthly benefits owed to, members of the Pension Fund on or after that date. 

Amends GS 15A-1241 to require a trial judge to require that the reporter make a true, complete, and accurate record of all statements from the bench and all other proceedings (previously excluded the selection of the jury in noncapital cases, opening statements and final arguments of counsel to the jury, and arguments of counsel on questions of law). Makes conforming deletions. Makes language gender-neutral. Effective October 1, 2021, and applies to statements from the bench and other proceedings occurring on or after that date.

Part I.

Enacts new GS 14-2.3A prohibiting a State, county, or municipal law enforcement agency from: (1) referring, transferring, or relinquishing possession of property seized under State law to a federal agency by way of adoption of the seized property or other means by the federal agency for the purpose of the property's forfeiture under federal law or (2) accepting payment or distribution of forfeiture proceeds resulting from a joint task force or other multijurisdictional collaboration with the federal government, if the criminal charge under which the property was seized does not result in a criminal conviction or the net value of the seizure proceeds to be received by the law enforcement agency does not exceed $5,000.

Part II.

Amends GS 7A-304 concerning costs and fees in criminal actions, as follows. Requires in every criminal case where the defendant is convicted or enters a plea of guilty or nolo contendere, or when costs are assessed against the prosecuting witness, that the court determine the defendant's ability to pay any costs assessed and weigh that determination when assessing and collecting the costs listed in the statute (previously, the costs were assessed automatically without considering ability to pay). Removes the prohibition on the court waiving or remitting all or part of any court fines or costs without providing notice and opportunity to be heard by all government entities directly affected; makes conforming deletions. Decreases from $200 to $100 the cost assessed for support of the General Court of Justice by a defendant who fails to appear to answer the charge as scheduled, unless within 20 days after the scheduled appearance, the person either appears in court to answer the charge or disposes of the charge under GS 7A-146. Amends the costs for the following services that are charged under specified circumstances by specifying that instead of charging $600, the amount charged must reflect the costs actually incurred for the services, not to exceed $600: (1) services of the North Carolina State Crime Laboratory facilities; (2) services of any crime laboratory facility; (3) services of any private hospital performing toxicological testing under contract with a prosecutorial district; (4) services of the North Carolina State Crime Laboratory facilities; (5) services of any crime laboratory facility; (6) services of an expert witness employed by the North Carolina State Crime Laboratory who completes a chemical analysis, a forensic analysis, or a digital forensics analysis and provides testimony about that analysis in a defendant's trial; (7) services of an expert witness employed by a crime laboratory who completes a chemical analysis, a forensic analysis, or a digital forensics analysis and provides testimony about that analysis in a defendant's trial; and (8) services of an expert witness employed by a private hospital performing toxicological testing under contract with a prosecutorial district who completes a chemical analysis and provides testimony about that analysis in a defendant's trial. Deletes an outdated reporting requirement. No longer requires defendants paying costs using a installment plan to pay a $20 setup fee. 

Repeals GS 7A-350, which required the Administrative Office of the Courts to keep records of and report on criminal court cost waivers to the specified NCGA committees.

Part III.

Amends GS 15A-1364, which provides that when a defendant who has been required to pay a fine or costs defaults in payment or in any installment, the court may require the defendant to appear and show cause why he should not be imprisoned or may rely upon a conditional show cause order. Adds that this does not apply to a defendant who has received an active sentence in the same case in which the defendant has defaulted on the payment.

Amends GS 15A-1365, which allows the judge to order that the judgment be docketed when a defendant has defaulted in payment of a fine or costs. Provides that the clerk may not issue an execution on the docketed judgement if the fine or costs were imposed for an offense other than trafficking in controlled substances or conspiring to traffic in controlled substances and the defendant is serving an active sentence (was, the defendant elects to serve the suspended sentence, if any, or serve a term of 30 days, if no suspended sentence was imposed).

Part IV.

Enacts new GS 20-24.3, prohibiting the Division of Motor Vehicles (Division) from revoking the drivers license of a person charged with an infraction, misdemeanor, or felony if revocation is solely due to failure to appear after proper notice when the case was called for a trial or hearing, and/or failure to pay a fine, penalty, or court costs ordered by the court.

Makes conforming repeals of (1) GS 20-24.1, which requires the Division to revoke the driver's license of a person upon receipt of notice from a court that the person was charged with a motor vehicle offense and either failed to appear after proper notice when the case was called for a trial or hearing; or failed to pay a court-ordered fine, penalty, or court costs, and (2) GS 20-24.2, which requires a court to report to the Division the name of any person charged with a motor vehicle offense under the Chapter who fails to appear to answer the charge as scheduled or fails to pay a fine, penalty, or costs within 40 days of the date specified in the court's judgment. Makes conforming changes to GS 15A-1116; GS 20-13.2; GS 20-19(k); GS 20-28.1; GS 20-217(g2); GS 50-13.12; and GS 110-142.2(f).

Further amends GS 20-217(g2), regarding the required withholding of the registration renewal of a motor vehicle registered to a person who fails to pay any fine or costs imposed pursuant to the statute for failing to stop for properly marked and designated school buses in certain instances. Directs the Division to continue to withhold the registration renewal until the clerk of superior court notifies the Division that the person has satisfied each of the four specified conditions applicable to the person’s case, including (1) disposing of the charge in which the person failed to appear when the case was last called for trial or hearing; (2) demonstrating to the court that the person is not the person charged with the offense; (3) paying the penalty, fine, or costs ordered by the court; and/or (4) demonstrating to the court that the person’s failure to pay the penalty, fine, or costs was not willful and that the person is making a good-faith effort to pay or that the penalty, fine, or costs should be remitted.

Further amends GS 50-13.12, which governs forfeiture of licensing privileges for failure to pay child support or for failure to comply with a subpoena issued pursuant to child support or paternity establishment proceedings. Clarifies that reinstatement of a drivers license under the statute is conditioned upon payment of the applicable restoration fees in addition to the specified requirements.

Similarly, further amends GS 110-142.2, which governs suspension and revocation of occupational, professional, or business licenses of obligors who are delinquent in court-ordered child support, or who are not in compliance with subpoenas issued pursuant to child support or paternity establishment proceedings. Clarifies that reinstatement of a drivers license under the statute is conditioned upon payment of the applicable restoration fees in addition to the specified requirements.

Effective October 1, 2021.

Part V.

Amends GS 143B-708 to explicitly provide that a judge can waive the $250 fee required for participation in the community service program for good cause.

Part VI.

Eliminates the court costs set forth for seat belt infractions in GS 20-135.2A; maintains the civil penalty for the infraction. Applies to costs and fees assessed on or after October 1, 2021.

Part VII.

Amends GS 15A-1343 to require a court to exempt a person from paying the $40 per month fee for supervised probation when probation is extended for the sole purpose of complying with monetary obligations. Makes conforming changes. Applies to supervision fees incurred in the calendar month of the date the act becomes law and all subsequent supervision fees incurred in the same term of supervised probation.

Revises GS 15A-268, regarding the preservation of biological evidence in a criminal proceeding. No longer requires a presiding judge to inquire as to the identity of the collecting agency of physical evidence offered or admitted into evidence in a criminal proceeding, whether the evidence is reasonably likely to contain biological evidence relevant to establishing the identity of the perpetrator, and designating the evidence as biological and ordering the preservation of such evidence pursuant to the statute's requirements. Instead requires the clerk of superior court to take custody of and preserve physical evidence collected by law enforcement as part of an investigation that is offered or admitted into evidence in a criminal proceeding (previously required once the court designated evidence as biological pursuant the language repealed by the act). Requires the return of such evidence to the collecting agency in a manner that ensures the chain of custody is maintained and documented upon conclusion of the defendant's direct appeal to the State courts (was upon the conclusion of the clerk's role as custodian as provided in applicable rules of practice). No longer provides for a distinct period of mandated preservation of biological evidence for cases where a person convicted entered and was convicted on a plea of guilty for any homicide, sex offense, assault, kidnapping, burglary, robbery, arson or burning, for which a Class B1-E felony punishment is imposed, thereby making the general rule, which requires preservation of the evidence during the period of incarceration and mandatory supervised release, applicable (previously provided a three year period for these instances). Applies to evidence in criminal proceedings prior to, on, or after October 1, 2021.

Amends GS 15A-269 to no longer include in the required determinations of a court to grant a motion for DNA testing postconviction a determination that if the DNA testing being requested had been conducted on the evidence there exists a reasonable probability that the verdict would have been more favorable to the defendant. 

Amends GS 15A-270.1 to provide for appeals from determinations made under Article 13, DNA Database and Databank, rather than, more specifically, appeals from an order denying the defendant's motion for DNA testing under Article 13.

Amends GS 15A-1415(f) to specifically require a defendant's prior trial or appellate counsel to make available to the defendant's counsel in proceedings regarding requests for postconviction DNA testing pursuant to GS 15A-269, as amended, their complete files relating to the case of the defendant.