House committee substitute makes the following changes to the 1st edition. Amends GS 153A-148.2 and GS 160A-208.2 by specifying that personal information includes the physical address and phone number of the individual, but not the individuals name. Makes conforming and clarifying changes. 

House committee substitute to the 1st edition makes the following changes. Amends GS 20-114.1 by changing the age requirement for traffic-control officers back to 18 (was, 21). Amends the provision that requires a person who completed the required training course to take a refresher course in order to be reappointed, by removing the exception for a person whose appointment was revoked by the appointing law-enforcement agency. Changes the act's long title.

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

Amends the proposed changes to GS 143B-1413 to no longer remove communications service providers from those granted civil immunity under the statute. 

House committee substitute amends the 1st edition as follows. 

Further amends GS 14-318.6, which establishes a duty for anyone 18 or older who knows or should have reasonably known that a juvenile has been or is the victim of a violent offense, sexual offense, or misdemeanor child abuse to immediately report the case of that juvenile to the appropriate local law enforcement agency in the county where the juvenile resides or is found, with failure constituting a Class 1 misdemeanor. Expands subsection (h) to also provide that the statute does not require a person with psychiatrist-client or patient privilege to report pursuant to the statute if that privilege would prevent that person from doing so. Makes clarifying changes. Makes conforming changes to the act's long title. 

House committee substitute to the 2nd edition makes the following changes.

Makes technical changes throughout GS 163-166.7A, proposed GS 163-307, and GS 163-307, to refer to the "State Board" rather than the State Board of Elections. 

Revises the required information of placards mandated by new subsection (c) of GS 163-166.7A, to include a statement indicating that voters can bring electronic or paper voting guides, notes, and informational materials inside the voting booth (previously did not specify form), and a statement indicating the voter can access the State Board's website, rather than the State Board, for more information on voting. 

Adds to proposed GS 163-307 to require the State Board to provide training to county boards of elections staff for local elections in accordance with the training required of county boards of elections staff for federal or State offices with regard to voter education information placard requirements of GS 163-166.7A(c) pursuant to GS 163-166.7A(d), which requires training at least 90 days before the beginning of each voting period and permits virtual training. 

Amends the proposed changes to GS 163-22, revising the time the mandated toll-free telephone must be staffed and operated by a State Board staff member to (1) beginning with the first day voting places are open pursuant to GS 163-227.2(b) through the Monday prior to election day, from 8:00 a.m. until 8:00 p.m. each calendar day, and (2) on election day, from 6:30 a.m. to 8:00 p.m. (was from the time that voting places must be open through 30 minutes after the polls are closed each day during the period from the first day ballots are available for voting pursuant to GS 163-227.10 through election day).

Deletes the proposed changes to GS 163-82.24, regarding training and certification of election officials, as well as the appropriation to the State Board for purposes of staffing the toll-free telephone number. Makes conforming changes. 

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

Further amends GS 7B-2502 and the proposed changes to the statute by making organizational changes. Makes conforming changes.

Appropriates $1 million of the federal funds the State received under the American Recovery Plan Act (2021 P.L. 117-2) to the Department of Commerce (Department) to create the North Carolina Rural Tourism Recovery Pilot Program, a program to invest in rural areas affected by the COVID-19 pandemic. Directs the funds be allocated to a non-profit corporation the Department contracts with, and directs the non-profit to develop guidelines for administration of the program.

Amends GS 163-20 (meetings of the State Board of Elections) to make it a class H felony for a member of the State Board of Elections to knowingly cast a vote to sanction or set a rule in an election that is in violation of election law enacted by the General Assembly or certify any election that was conducted in violation of election law enacted by the General Assembly. Amends GS 163-31 (meetings of county boards of elections) making it a class H felony for a member of a county board of elections to knowingly cast a vote to sanction or set a rule in an election that is in violation of election law enacted by the General Assembly or certify any election that was conducted in violation of election law enacted by the General Assembly.

Part I. Repeals GS Chapter 152, which provides for the election, power and duties of a county coroner. 

Part II.

Amends GS 1-313 to deem the clerk of court the proper official to which an execution for the enforcement of a judgement must be directed when the sheriff is a party to or interested in the judgement (currently only if the county has abolished the office of coroner). Makes conforming changes. 

Repeals GS 130A-394 which requires coroners to make inquests and preliminary hearings when specified circumstances surrounding the deceased's death so require. 

Amends GS 153A-149 to eliminate providing for the county medical examiner or coroner from the authorized purposes for a county to levy property taxes.

Amends GS 162-5 and GS 162-5.1 to charge the chief deputy sheriff or the senior deputy in years of service with service of process duties of the sheriff in the event of vacancy (currently only if the county has abolished the office of coroner).

Amends GS 162-16 to direct the clerk of court to serve or execute summonses, orders or judgements, or other acts required of the sheriff when the sheriff is a party.

Makes conforming changes to the following statutes to remove reference to a coroner: GS 1A-1, Rule 45; GS 7A-312; GS 14-230; GS 14-240; GS 17-18 (with conforming changes to the statute's title); GS 17-19; GS 17-22; GS 17-44; GS 39-5; GS 58-72-10; GS 58-76-5; GS 58-76-15; GS 58-76-30; GS 90-210.25; GS 90-210.124; GS 128-13; GS 130A-389.1; GS 130A-420; GS 153A-149; GS 153A-225;GS 162-13; and GS 163-1.

Part III.

Provides for elected coroners to serve until the expiration of his or her term, with applicable statutes and local acts remaining in full force and effect in counties which have not abolished the office of coroner. Provides for the abolition of each office as current coroners' terms expire, with applicable statutes and local acts repealed for that county at that time. 

Enacts new GS 15A-1340.13A, which provides that no crime shall be punishable by death. Makes conforming changes to criminal laws and procedures in GS Chapters 7A, 14, 15, and 15A by removing all reference to punishment by death. Repeals GS Chapter 15, Subchapter XV, related to capital punishment.

Amends GS Chapter 90 to remove language in the practice acts referencing the role of doctors, nurses, and pharmacists participating in an execution.

Directs the Attorney General to petition courts to vacate every death sentence and resentence the person to life imprisonment without the possibility of parole.   

Effective when the act becomes law and applies to any person sentenced to death before, on, or after that date.

Amends GS 153A-199 (payment of county special assessments in full or by installments) to do the following:
(1) Provide that special assessment installment payments, if offered by the county, may be either annual or semi-annual;
(2) Cap the number of installment payments for special assessments to 40 for semi-annual installments and 20 for annual installments;
(3) Provide that semi-annual installments either (i) begin with the first installment due on the day property taxes are due with future installments due on the same day in each successive six month period or (ii) begin with the first installment due 60 days after the assessment role is confirmed with future installments due on the same day in each successive six month period; and
(4) Provide that annual installments either (i) begin with the first installment due on the day property taxes are due with future installments due on the same day in each successive year or (ii) begin with the first installment due 60 days after the assessment role is confirmed with future installments due on the same day in each successive year.
Effective when the bill becomes law and applies to assessments made on or after that date.

Re-enacts Article 101 of GS Chapter 15A (The Racial Justice Act). Amends Article 101 of Chapter 15A of the General Statutes as re-enacted by adding GS 15A-2013 which does the following:
(1) Prohibits the State from seeking or obtaining a criminal conviction or sentence on the basis of race, ethnicity, or national origin. Violations of this prohibition include: (i) a judge, juror, attorney, officer, or expert witness exhibits bias towards the defendant or uses racially discriminatory language because of the defendant’s race, ethnicity, or national origin; (ii) race, ethnicity, or national origin was a factor in using a preemptory challenge; (iii) the defendant was charged or convicted of a more serious offense than others similarly situated who committed the same offense, and the prosecution more often sought convictions for more serious offenses against people who share the defendant’s race, ethnicity, or national origin; (iv) the defendant received a longer or more serious sentence than others similarly situated who were convicted of the same offense, and longer or more serious sentences are more often imposed on people who share the defendant’s race, ethnicity, or national origin; (v) the defendant received a longer or more serious sentence than others similarly situated who were convicted of the same offense, and longer or more serious sentences are more often imposed on defendants in cases with victims of one race, ethnicity, or national origin.
(2) Provides for a motion alleging violation of this prohibition, and requires a hearing on the motion if the defendant makes a prima facia showing of a violation of this prohibition.
(3) Requires that evidence may be provided at the hearing by either party, the violation must be proven beyond a preponderance of the evidence, and the court must make findings on the record.
(4) Provides removal of a juror, mistrial, empaneling a new jury, and making adjustments to the charges are remedies for a violation of this prohibition found prior to judgement.
(5) Provides that vacating the judgement and holding new proceedings or vacating the sentence and resentencing are remedies for a violation of this prohibition found after judgement.
(6) Provides that a defendant is not eligible for the death penalty if a violation of this prohibition is found.
(7) Provides that the prohibitions and provisions of this section apply to juvenile court proceeding.
Effective when the bill becomes law and applies retroactively.

Enacts new Article 26, Earned Wage Access Services Act, in GS Chapter 53, providing as follows. Requires registration as an earned wage access (EWA) service provider before providing earned wage access services. Sets the registration and renewal fee at $1,000; registration must be renewed every three years, with the requirements and procedures for registration applicable to renewals. Sets out information that must be included in the application for registration, which must be submitted through the Nationwide Multistate Licensing System and Registry (NMLS) along with the payment of actual costs of obtaining a credit report and criminal background check and processing fees required by the NMLS. Provides for approval of an applicant's registration upon the Commissioner of Banks (Commissioner) making four specified findings. Deems registration not assignable. 

Allows a registered EWA service provider to provide earned wage access services through a contract with an obligor or service provider to an obligor if: (1) the EWA service provider verifies the consumer's earned wages based on data relating directly to the consumer's earnings in that pay period; (2) the EWA service provider informs the consumer in writing that the consumer has a right to receive the full amount of the obligor's next payment of wages on the next date on which the obligor is scheduled to pay the consumer if the consumer chooses to not use earned wage access services; and (3) the consumer authorizes in writing that the amount of the payment of earned wages from the EWA service provider is to be deducted from the obligor's next payment of wages to the consumer. Prohibits an obligor from sharing information with an EWA service provider relating to the obligor's accrued and expected obligations to the consumer unless the obligor has entered into a contract for earned wage access services with the EWA service provider and the consumer has given advance consent to sharing the information. Allows an EWA service provider to charge a fee for earned wage access services if they are disclosed in writing to the consumer before the consumer chooses to use the services. Provides that if an EWA service provider complies with this Article, then the EWA service provider's earned wage access services are not lending activity and its payments pursuant to those services are not loans, and any fees for the EWA service provider's earned wage access services are not interest. Allows the Commissioner to examine an EWA service provider, with the costs borne by the EWA service provider, including upon receipt of a consumer complaint. Specifies when the reimbursement of these expenses can be waived. Provides for confidentiality of information received by the Commissioner pursuant to the Article and authorized sharing of information. Allows the Commissioner to adopt rules to enforce the Article, with aggrieved parties permitted to appeal to the State Banking Commission for review as specified. Sets out actions that may be taken for violations of this Article or rules adopted thereunder by EWA service providers, after notice and opportunity for hearing, to include (1) revoking, suspending, or refusing to renew an EWA service provider's registration; (2) ordering an EWA service provider to cease and desist from providing earned wage access services; and (3) assessing a civil penalty of not more than $10,000 for each willful violation, remitted as specified. Provides for the effect of registration under the Article with regards to service of process. Failure to comply with the Article is an unfair or deceptive trade practice. Requires registration through NMLS and authorizes the Commissioner to participate in NMLS.

Effective May 1, 2022. 

Section 1

States legislative intent to authorize the Department of Health and Human Services (DHHS), Division of Health Service Regulation (DHSR) to issue an adult care home license to applicants that obtain assisted living program accreditation from a nationally recognized accrediting body approved by DHSR pursuant to Section 3 of this act, without need for further review or inspection. 

Section 2

Enacts GS 131D-2.4(h) to deem an adult care home that has been licensed for at least 12 months to meet the licensure requirements of adult care homes, and requires DHHS to issue an adult care home license without further review or inspection, if the facility obtains assisted living program accreditation from a nationally recognized accrediting body approved by DHHS. Requires such facilities to submit specified information to DHSR in order to obtain the license. Specifies that obtaining a license in this manner does not exempt an adult care home from licensure requirements established under Part 1 of Article 1. Allows DHHS and county departments of social services (dss) to conduct validation surveys on adult care homes licensed in this manner. Exempts adult care homes licensed by virtue of accreditation from routine inspections by DHHS or county dss, other than routine monitoring for compliance with State and federal laws. Requires DHHS or a county dss that receives a complaint of such a licensee to forward the complaint to the accrediting body for investigation, except allegations of abuse or neglect. Establishes procedures for forwarded complaints. Requires these adult care homes to be noted as accredited rather than receiving ratings pursuant to Medical Care Commission rules under GS 131D-10. Effective upon determination by the Program on Aging, Disability, and Long-Term Care of the Cecil G. Sheps Center for Health Services Research at UNC-Chapel Hill (Program at Sheps Center) that accreditation in demonstrably related to or improved adult care home resident outcomes, based on the quality measures approved by DHHS under GS 131D-2.13, as enacted. Requires the DHHS Secretary to notify the Revisor of Statutes upon receipt of that determination.

Section 3

Adds the following to GS 131D-2.13. Establishes procedures for DHHS to approve accrediting bodies seeking to issue adult care home licenses under new GS 131D-2.4(h), including submitting an application to be reviewed for compliance with licensure requirements and residents' bill of rights set forth in state law, with DHHS denial or approval mandated within 12 months of receiving the application. Requires written notice of denial with reasoning and notice of the right to appeal under the Administrative Procedure Act. Directs DHHS to annually publish a list of criteria for measuring resident outcomes in adult care homes consistent with the criteria for assisted living program accreditation, beginning October 1, 2021. Provides for the basis of the criteria to be recommendations of the Program at Sheps Center and required consultation with approved accrediting bodies. Provides example criteria. Requires termination of approval upon noncompliance with the minimum requirements established by DHHS, with required written notice of the reasons for termination and the right of the accrediting body to appeal under the Administrative Procedure Act. 

Section 4

Appropriates $1.5 million from the General Fund to DHSR for 2021-22 to be allocated to the NC Senior Living Association (NCSLA), Inc. and the NC Assisted Living Association (NCALA), Inc. to jointly establish and operate an adult care home accreditation grant program, providing grant awards to up to 150 licensed adult care homes to cover the cost of obtaining and maintaining a three-year accreditation from one oft he approved accrediting bodies. Requires the Adult Care Licensure Section of DHSR to establish criteria for selection of grantees, as specified, in consultation with the Associations. Restricts use of grants to contract with an approved accrediting body for a three-year accreditation. Effective July 1, 2021. 

Section 5

Appropriates $350,000 from the General Fund to the UNC Board of Governors for 2021-22 to be allocated to UNC-Chapel Hill for the Program on Aging, Disability, and Long-Term Care within the Sheps Center. Restricts use of the funds to (1) developing and providing DHHS a recommended list of criteria for measuring resident outcomes in adult care homes consistent with criteria for assisted living program accreditation; provides examples; (2) monitoring and comparing the quality of approved outcomes measures in adult care home that obtained three-year assisted living program accreditation under the grant program and non-accredited adult care homes licensed in the State; and (3) preparing required reports. Directs the Program at Sheps Center to compare resident outcomes between adult care homes that participated in the grant program and non-accredited adult care homes for three year from the expiration of the grant program, with required cooperation by the Adult Care Licensure Section and approved accrediting bodies. Requires interim reports by December 1, 2022, and December 1, 2023, and a final report by December 1, 2024, to the NCGA and the DHHS Secretary, as specified. Effective July 1, 2021.

To be summarized.

Repeals the maximum rates established by the Department of Health and Human Services (DHHS) for adult day care and adult day health services paid for by the Home and Community Care block grant or the State Adult Day Care Fund.
Amends Part 14 of Article 3 of GS Chapter 143B (DHHS, Division of Aging) to enacting GS 143B-181.1C directing the county board of commissioners of each county to set the maximum rates for services funded by the county’s allocations from the Home and Community Care block grant or the State Adult Day Care Fund, including adult day care and adult day health services.

Amends GS 130A-33.65 to allow the members of the Advisory Council on Rare Diseases to serve no more than three (was, two) consecutive terms. Applies to current members of the Council.

Amends GS 143-132, as the title indicates.

Adds new Article 70A, Local Market Access Assistance, to GS Chapter 106, providing as follows. Sets out the NCGA's findings and purpose. Establishes the GAP Expenses Cost Share Program (Program) is in the Department of Agriculture and Consumer Services (Department) to provide cost-sharing for GAP expenses. Defines GAP expenses as expenses incurred by farms in obtaining food safety certification and changes and upgrades to practices and equipment to improve food safety; excludes third-party audit expenses eligible for funding under the GAP Certification Cost Share Program. Requires funding priority be given to disadvantaged farmers and ranchers and beginning farmers and ranchers. Requires the Program to provide no more than 75% of the average cost for each GAP expense, with the participating farmer providing 25%. Sets out limitations on the amount awarded per year to a participating farmer, on the amount awarded over the farmer's lifetime, on the number of applications allowed per farm per year, and requires that participating farmers have an average annual adjusted gross income for the previous two years that is at or below $250,000 (with the listed exception). Establishes the GAP Expenses Cost Share Fund to support the Program, consisting of NCGA appropriations and other funding made available to the Department from federal government programs, the State, or other public and private sources. Requires the Department to report annually to the specified NCGA committee and division on Program activities and Fund disbursements, including specified information. Requires the Department to establish temporary and permanent rules to implement the program.

Appropriates $1 million for 2021-22 and $1 million for 2022-23 from the General Fund to the Department with: (1) $600,000 in nonrecurring funds for the 2021-22 and 2022-23 fiscal years to the GAP Expenses Cost Share Program and (2) $400,000 in nonrecurring funds for the 2021-22 and 2022-23 fiscal years to the GAP Certification Cost Share Program. Effective July 1, 2021.

Amends GS 105-322(g)(2), which governs hearings by a board of equalization and review of listing or appraisals of property taxable by the county upon request by the taxpayer who owns or controls the taxable property. Expands on the provisions governing request for a hearing before the board, now allowing for a written request to be made by one or more of the persons allowed to appear on behalf of the taxpayer under the provisions of new sub-subdivision c1. Enacts new sub-subdivision c1. to explicitly require the appellant to appear at the hearing, with failure to appear grounds for dismissal of the appeal if no continuance is requested or granted. Enumerates seven methods for an appellant to appear, including natural persons appearing for themselves or by a relative appointed to appear on their behalf; trustees appearing on behalf of appellant trusts; general partners appearing on behalf of appellant partnerships; nonattorney representatives appearing on behalf of corporate entities, subject to advanced notice to the board; licensed attorneys appearing for any appellant; and attorneys not licensed in the State appearing for any appellant upon compliance with the limited practice provisions for out-of-state attorneys in GS 84-4.1.

Amends GS 105-290 to explicitly prohibit a property owner from excepting to and appealing an order of the county board of equalization and review or the board of county commissioners concerning the listing, appraisal, or assessment of property for a tax year for which the property owner has consented in writing to the terms of the order.

Amends GS 143-166.2, setting out the definitions for Article 12A, Public Safety Employees' Death Benefits Act, by adding and defining the term telecommunicator as a person qualified to provide 911 call taking employed by a public safety answering point (PSAP). Specifies that the term applies to 911 call takers, dispatchers, radio operators, data terminal operators, or any combination of such call taking functions in a PSAP. Adds telecommunicators to the list of covered persons under the Article. Adds that when a telecommunicator's death occurs as a direct and proximate result of a heart attack or stroke that occurs in the course of employment or during travel to or from work, that telecommunicator is presumed to have been killed in the line of duty. Effective July 1, 2021.